Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023
EXHIBIT 5
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023
Page 1
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
2
__________________________________
3
In re: EIGHTH JUDICIAL DISTRICT
4
__________________________________
5
PATSY YOUNG
6
Plaintiff
7
-against- Index No.
8 815818/2020
9 AVENTIS, INC., et al.
10 Defendants
11 __________________________________
12
13 Videotaped Testimony
of PATSY YOUNG
14
15
16
17
18
19
20
21
22
23
24 Job No. P1-4496530
25
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023
Page 2 Page 4
1 A P P E A R A N C E S:
1 Transcript of the videotaped 2
2 testimony of PATSY YOUNG, called for Oral 3 SEAN K. KERLEY, ESQ.
SIMON, GREENSTONE, PANATIER, PC
3 Examination in the above-captioned matter, said 4 5 Penn Plaza - Suite 2308
New York, New York 10001
4 testimony being taken pursuant to the Federal 5 Appearing for the Plaintiff
6 DANIEL KUSZMERSKI, ESQ.
5 Rules of Civil Procedure by and before Michele HOAGLAND, LONGO, MORAN, DUNST & DOUKAS
7 40 Paterson Street
6 Cannata-Smith, Court Reporter and Notary P.O. Box 480
7 Public; taken on April 28, 2021, commencing at 8 Brunswick, New Jersey 08903
Appearing for the Defendant
8 10:02 a.m. 9 Brenntag Specialties
10 MARY JO HERRSCHER, ESQ.
9 PHILLIPS, LYTLE, LLP
11 One Canalside
10 125 Main Street
11 12 Buffalo, New York 14203
Appearing for the Defendants
12 13 Novartis Corporations and Novartis
Pharmaceuticals Corporation
13 14
HALEY MOODY, ESQ.
14 15 MILLER & MARTIN
15 Volunteer Building, Suite 1200
16 832 Georgia Avenue
16 Chattanooga, Tennessee 37402
17 Appearing for the Defendant
17 Chattem, Inc.
18
18 MADELYN IULO, ESQ.
19 19 FOLEY & MANSFIELD, PLLP
86 Chambers Street, Suite 202
20 20 New York, New York 10007
Appearing for the Defendant
21 21 Avon Products, Inc.
22 ANDREW J. KORNBLAU, ESQ.
22 LANDMAN, CORSI, BALLAINE & FORD, PC
23 23 1617 JFK Blvd., Suite 955
Philadelphia, PA 19103
24 24 Appearing for the Defendant
WCD
25 25
Page 3 Page 5
1 DAVID OXAMENDI, ESQ.
1 INDEX
GORDON REES SCULLY MANSUKHANI, LLP
2 2 1 Battery Park Plaza, 28th Floor
3 PATSY YOUNG PAGE New York, New York 10004
3 Appearing for the Defendant
4 Colgate Palmolive
5 DIRECT EXAMINATION BY MR. KERLEY 7 4
ROBERT J. MULLINS, II, ESQ.
6 CROSS-EXAMINATION BY MR. OXAMENDI 67 5 GIBSON, MCASKILL & CROSBY
7 CROSS-EXAMINATION BY MR. KORNBLAU 87 69 Delaware Avenue, Suite 900
6 Buffalo, New York 14202
8 CROSS-EXAMINATION BY MS. IULO 93 Appearing for the Defendant
9 CROSS-EXAMINATION BY MR. MULLINS 104 7 Insight
8 ROBERT A. SCHAEFER, JR., ESQ.
10 HARRIS BEACH, PLLC
11 9 100 Wall Street
New York, New York 10005
12 EXHIBITS 10 Appearing for the Defendants
13 GSK, LLC; Block Drug Company, Inc.
11 and Block Drug Corporation
14 NO. DESCRIPTION PAGE 12 ANDREW BAIN, ESQ.
15 MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP
13 1300 Mount Kemble Avenue
16 1 Photograph 19 P.O. Box 2075
17 2 Photograph 21 14 Morristown, New Jersey 07862
Appearing for the Defendant
18 3 Photograph 23 15 Charles B. Chrystal Company, Inc.
19 4 Photograph 23 16
17 ALSO PRESENT: CHRIS HANLON, VIDEOGRAPHER
20 5 Photograph 24 18
21 6 Photograph 55 19
20
22 7 Photograph 56
21
23 8 Photograph 58 22
23
24 9 Photograph 63
24
25 10 Photograph 63 25
2 (Pages 2 - 5)
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FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023
Page 6 Page 8
1 (Exhibits 1 - 10 were marked.) 1 A. A deposition for mesothelioma.
2 THE VIDEOGRAPHER: Good morning. We 2 Q. All right. Do you understand that the
3 are going on the record. The date today is 3 testimony you're giving today is being
4 April 28, 2021. And the time is 10:02 a.m., 4 videotaped?
5 Eastern time. This is media unit number one of 5 A. Yes.
6 the video recorded deposition of Miss Patsy 6 Q. Okay. Do you understand that the
7 Young. Taken in the matter of Patsy Young 7 videotaped may be shown to a jury at trial?
8 versus Aventis, Incorporated, et al., filed in 8 A. Yes.
9 the Supreme Court of the State of New York, 9 Q. Okay. And do you understand that the
10 Eighth Judicial District. Index Number 815818/ 10 oath you just gave is the same as if you would
11 2020. 11 be sitting in a courtroom in front of a jury?
12 This deposition is being held remotely 12 A. Yes.
13 in multiple locations. My name is Christopher 13 Q. Okay. Would you mind telling us what
14 Hanlon. I'm the video technician today. Our 14 your date of birth is, please.
15 court reporter is Michele Smith with Priority 15 A. October 1st, 1961.
16 One, a Veritext company. All attorney 16 Q. And how old does that make you today?
17 appearances will appear on the stenographic 17 A. I'll -- I'll be 60.
18 record. 18 Q. You will be 60 in October, right?
19 And at this time I would ask our court 19 A. Yes.
20 reporter, Miss Smith, to please administer the 20 DEFENSE COUNSEL: Excuse me, Sean. I
21 oath. 21 don't mean to interrupt. Before you get going,
22 22 can we have the usual stipulations in terms of
23 PATSY YOUNG, after being duly called and sworn, 23 an objection by one is an objection by all and
24 testified as follows: 24 all objections are reserved except as to form?
25 25 MR. KERLEY: Yes, of course. That's my
Page 7 Page 9
1 DIRECT EXAMINATION BY MR. KERLEY: 1 bad. I just assumed my questions would be so
2 2 good no one would need to object. Yes, usual
3 Q. Okay. Pat, before we get going, I just 3 stips.
4 want to let you know the ground rules today are 4 DEFENSE COUNSEL: All right, I
5 going to be very similar to the deposition we 5 appreciate it. And then the only other
6 did about a month or two ago. Most importantly, 6 objection I will raise is just the use of Zoom
7 if you need to take a break for any reason at 7 as opposed to a videographer, but I just want to
8 all, just -- just let me or whoever else might 8 place it on the record. Otherwise, I don't want
9 be asking questions at that time know and we'll 9 to interrupt.
10 be happy to stop for you, okay? 10 BY MR. KERLEY:
11 A. Okay. 11 Q. Fair enough. Thank you, sir.
12 Q. All right. 12 Patsy, are you currently married?
13 A. Am I supposed to push this Veritext 13 A. No.
14 Virtual is being recorded, push "continue"? 14 Q. Okay. Have you ever been married?
15 Q. Yes, please press "continue". 15 A. Yes.
16 A. Okay. 16 Q. Okay. Who did you marry and when?
17 Q. Did you do it? 17 A. Leroy Young in '79.
18 A. Yes. 18 Q. And for how long were you married to
19 Q. Okay. So why don't we get going. Pat, 19 Mr. Young?
20 could you please introduce yourself to the Jury. 20 A. Until '81. Not long.
21 A. Patsy Young. 21 Q. Okay. Do you recall if Mr. Young had
22 Q. Okay. And, Pat, do you know why we're 22 any jobs during the time that you were married
23 here today? 23 and lived together?
24 A. Yes. 24 A. Yes.
25 Q. Okay. 25 Q. What do you remember him doing for
3 (Pages 6 - 9)
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NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023
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1 work? 1 Q. Okay. Do you recall for how long you
2 A. Bowen Rug Service. He worked at a 2 lived with Mr. McCant?
3 canning factory. He did just different stuff. 3 A. A long time. Until like -- until like
4 Odd jobs. 4 2000.
5 Q. To your knowledge did Mr. Young work 5 Q. And did you have any children with
6 with or around asbestos or asbestos-containing 6 Mr. McCant?
7 products during the time that you lived 7 A. Yes.
8 together? 8 Q. Okay. How many children did you have
9 A. No. 9 with Mr. McCant?
10 Q. Did you have any children with Leroy 10 A. Two.
11 Young? 11 Q. And what are their names?
12 A. Yes. 12 A. Curtis and Jacobbi.
13 Q. Okay. How many? 13 Q. What year was Curtis born?
14 A. Two. 14 A. '89.
15 Q. What are the names of the two children 15 Q. Does Curtis have any children?
16 you had with Mr. Young? 16 A. Two.
17 A. Nahkema Young and Lashawn Young. Do 17 Q. What are their names?
18 you want their last names now? 18 A. Torin and Owen.
19 Q. Sorry. When was Nahkema born? 19 Q. And when was Jacobbi born?
20 A. '79, December. 20 A. '92.
21 Q. And does Nahkema have any of her -- 21 Q. Does Jacobbi have any children?
22 children of her own? 22 A. Three.
23 A. Yes. 23 Q. Okay. And what are their names?
24 Q. Okay. How many children does she have? 24 A. Amir, Elijah and Marley.
25 A. Four. 25 Q. And am I correct that you currently
Page 11 Page 13
1 Q. And can you tell us the names of your 1 take care of or have custody of two of Jacobbi's
2 grandchildren that are Nahkema's kids? 2 children?
3 A. Maya, Sydney -- they're twins -- Cara 3 A. Yes.
4 and Dakota. 4 Q. Okay. Which two is that?
5 Q. All right. And then when was Lashawn 5 A. Amir and Elijah.
6 born? 6 Q. Pat, do you have any great
7 A. In '81. 7 grandchildren?
8 Q. Okay. Does she have any children? 8 A. One.
9 A. Three. 9 Q. Okay. How old -- is it a boy or a
10 Q. What are the names of her children? 10 girl?
11 A. Nala, Sean and Antjuan. 11 A. A girl.
12 Q. Okay. After your marriage ended with 12 Q. How old is she?
13 Mr. Young, did you ever remarry? 13 A. She's three.
14 A. No. 14 Q. And what's her name?
15 Q. After your relationship with Mr. Young, 15 A. Malina.
16 did you have any other relationships with other 16 Q. So I'm not the best in math, but I
17 men where you lived together after your divorce 17 think -- is it true you have 12 total
18 from Mr. Young? 18 grandchildren?
19 A. Yes. 19 A. Yes.
20 Q. Who did you live with after your 20 Q. Okay. And then the one great
21 divorce from Mr. Young? 21 grandchild?
22 A. Jerome McCant. 22 A. Yes.
23 Q. When did you start living with 23 Q. Okay. Circling back to Mr. McCant
24 Mr. McCant? 24 briefly. Did Mr. McCant have any jobs when you
25 A. In '81. 25 lived with him?
4 (Pages 10 - 13)
Priority-One Court Reporting Services Inc. – A Veritext Company
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FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023
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1 A. Several. 1 A. Yes.
2 Q. Okay. Do you recall what any of those 2 Q. Okay. To your knowledge, during that
3 jobs were? 3 time period '61 to '79, did any of your siblings
4 A. Mostly at restaurants and driving cabs. 4 work with or around asbestos or asbestos-
5 Q. Okay. To your knowledge, during the 5 containing products at those jobs when you were
6 time that you lived with Jerome McCant, did he 6 living in the house with them?
7 ever work with or around asbestos or asbestos- 7 A. Not that I know of.
8 containing products? 8 Q. Okay. What was your father's name?
9 A. No, not that I know of. 9 A. Charles.
10 Q. Pat, where do you currently live? 10 Q. Okay. And is Charles still alive?
11 A. 99 Kensington. 11 A. No.
12 Q. Okay. In what city is that? 12 Q. Okay. When -- when did he pass?
13 A. Buffalo, New York. 13 A. In 2019, November. It was right after
14 Q. For how long have you lived in Buffalo, 14 Thanksgiving.
15 New York? 15 Q. What did he pass away from?
16 A. Since '64. '64, '65. 16 A. Dementia.
17 Q. Okay. Where were you born? 17 Q. Did you live in the house growing up
18 A. Memphis, Tennessee. 18 with your dad?
19 Q. Okay. So you were born in Memphis, 19 A. Only up until we moved to Buffalo.
20 Tennessee, and then moved to the Buffalo area 20 Q. Okay. So you lived with your dad from
21 when you were around four years old or so? 21 when you were born in '61 until '64, '65, when
22 A. Yes. 22 you moved to Buffalo?
23 Q. Okay. When you were growing up, would 23 A. Yes.
24 it be fair to say that you lived in a number of 24 Q. Do you have any recollection of what
25 residences in and around the Buffalo, New York, 25 your dad did for work in '61 to about '64, '65?
Page 15 Page 17
1 area? 1 A. He worked at -- he was a foreman of
2 A. Yes. 2 Sealtest Milk Factory.
3 Q. Okay. To your knowledge were you ever 3 Q. To your knowledge did he work with or
4 exposed to asbestos or asbestos-containing 4 around asbestos or asbestos-containing products
5 products in any of those homes that you lived in 5 at the milk factory?
6 in the Buffalo, New York, area? 6 A. Not that I know of.
7 A. Not that I know of. 7 Q. What's your mother's name?
8 Q. I want to talk about your family a 8 A. Cora.
9 little bit. So -- do you have any siblings? 9 Q. Is she still alive?
10 A. Yes. 10 A. No.
11 Q. Okay. How many siblings do you have? 11 Q. When did she pass?
12 A. It was nine of us. 12 A. 2006.
13 Q. Okay. Can you start from the oldest 13 Q. Do you remember what she passed away
14 and name everybody? 14 from?
15 A. Charlene is the oldest, Gertrude, Jean, 15 A. Breast cancer and that metastasized to
16 Calvin, Thomas -- he passed -- Chuck, Donald, 16 her bones.
17 Patricia, me. I think that's all of them. 17 Q. When you were growing up, did your
18 Q. Okay. Did you say "Tom"? 18 mother have jobs outside the house?
19 A. Tom's passed, yes. 19 A. Yes.
20 Q. Okay. What year did you move out of 20 Q. Between '61 and when you were born and
21 the family home? 21 1979, do you remember what kind of jobs your mom
22 A. In '79. 22 had?
23 Q. Okay. Between 1961, when you were 23 A. Like odd jobs. Well, she worked for
24 born, and 1979, did any of the siblings you just 24 like doctors, and she took care of people, she
25 named have jobs outside the home? 25 took care of families.
5 (Pages 14 - 17)
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1 Q. I think -- I think the way you 1 in the glasses?
2 described it at your last deposition was she was 2 A. His wife, Kathy.
3 a caregiver. Does that sound fair? 3 Q. Okay. And who's next to Kathy with the
4 A. Yes, yes. 4 ascot on?
5 Q. Okay. Now, to your knowledge during 5 A. My nephew, Maurice.
6 the time that your mom was working as a 6 Q. And which of your sibling's children is
7 caregiver, when you lived in the house with her 7 he?
8 growing up, to your knowledge did she work with 8 A. The oldest.
9 or around asbestos or asbestos-containing 9 Q. And then who's the gentleman in the
10 products? 10 back behind Maurice?
11 A. Not that I know of. 11 A. Jerome, my kid's dad.
12 Q. Now, I'm going to go through some of 12 Q. And then who is the young lady in the
13 the photos with you, just so we can introduce 13 front of him in the dress?
14 some of these people, so if you just bear with 14 A. My niece, Tammy; my oldest sister's.
15 me for a moment. 15 Q. And then who's the gentleman next to
16 Sorry, hold on one second. Of course, 16 her with what looks like a hat on?
17 I have to mess around with something. Oh, boy, 17 A. Matt. Little Matt, my nephew.
18 all right. Would you mind if we please go off 18 Q. And then who is the last guy on the
19 the record for a second. 19 right there behind him with the mustache?
20 THE VIDEOGRAPHER: Certainly. Standby. 20 A. Stevie, Jerome's cousin.
21 The time is 10:15. We are going off the record. 21 Q. Can you tell by this photo when it was
22 (Discussion off the record.) 22 taken?
23 THE VIDEOGRAPHER: Standby. The time 23 A. Let's see, it had to be like 20 -- like
24 is 10:17. We're back on the record. 24 maybe 21, 22, somewhere around there.
25 BY MR. KERLEY: 25 Q. Do you remember what the occasion was?
Page 19 Page 21
1 Q. All right. Thank you for bearing with 1 A. I don't know.
2 me. I'm sorry about that technical snafu. 2 Q. Fair enough. I'm going to show you a
3 Miss Young, I'm going to share my 3 couple of more. Just bear with me a moment.
4 screen with you now. It's a photo. It was 4 Hold on. Are you seeing the same photo I showed
5 served on defense counsel two days ago. It's in 5 you the first time?
6 your box link as photo number 6, but we'll mark 6 A. No.
7 it as Exhibit Number 1 today. 7 Q. Okay. I don't know why it's popping up
8 Pat, do you see that on the screen? 8 like that on my screen. Give me one second,
9 A. Yes. 9 sorry.
10 Q. Okay. Do you recognize this 10 Okay. Do you recognize this
11 photograph? 11 photograph?
12 A. Yes. 12 A. Yes.
13 Q. What do you recognize it to be? 13 Q. Okay. What do you recognize it to be?
14 A. Me and my brothers and my nieces. 14 A. Me with my baby.
15 Q. Okay. Why don't we do this, I want you 15 Q. Okay. Which baby is it?
16 to kind of introduce some people, so why don't 16 A. Nahkema. Nahkema, the oldest.
17 we work left to right. Who is that on the 17 Q. Okay. And just for the record, that's
18 phone? 18 in the box link as photo number 8. We'll mark
19 A. Okay. Me, I'm on the phone. 19 it as Exhibit Number 2 today.
20 Q. All right. Who's the gentleman in the 20 Can you tell based on that picture when
21 three-piece suit next to you? 21 that photo was taken?
22 A. My brother. 22 A. That was like -- I think it was '80.
23 Q. Which brother is that? 23 1980. That look like her -- getting ready for
24 A. Charles. 24 her first birthday party. She turned one.
25 Q. Okay. And then who is next to Charles 25 Q. Okay, great. So that's -- Nahkema's
6 (Pages 18 - 21)
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1 about one year old in that photo, okay. 1 I already closed it, but I think it was number 7
2 A. Yes. 2 in your box link.
3 Q. All right. Bear with me. 3 Do you see a photo on your screen?
4 Okay. Do you see a photo on your 4 A. Yes.
5 screen? 5 Q. Do you recognize this photo?
6 A. Yes. Sideways, but I see it. 6 A. Yes.
7 Q. Okay. I don't know how to flip it, but 7 Q. What do you recognize it to be?
8 hold on. Is that better? 8 A. Me and my two daughters.
9 A. Yes. 9 Q. Okay. Who's the daughter on the left?
10 Q. All right. Do you recognize this 10 A. Lashawn.
11 photo? 11 Q. And that's Nahkema in the back?
12 A. Yes. 12 A. Yes.
13 Q. What do you recognize it to be? 13 Q. Okay. Do you remember when this
14 A. Me holding my niece. 14 picture was taken?
15 Q. Okay. Do you know which niece it is? 15 A. About four years ago.
16 A. Stephanie. 16 Q. Okay. And just for the record, this is
17 Q. All right. And whose child is 17 photo number 10 in the box link. We'll mark it
18 Stephanie? 18 as Exhibit 5 today. I hope I'm keeping track of
19 A. My brother, Charles. 19 the exhibits correctly. Someone can correct me
20 Q. Okay. Can you tell by -- by the photo 20 if I'm wrong.
21 about when it was taken? 21 Switching gears a little bit. Pat, do
22 A. I'm trying to think how old Stephanie 22 you currently work?
23 is. I think Stephanie would be -- she'll be 40. 23 A. Yes.
24 Q. Okay. 24 Q. All right. Can you explain for the
25 A. So this was -- her and Nahkema is about 25 jury what it is you do for work?
Page 23 Page 25
1 the same, but Nahkema is older than her. 1 A. Daycare. I have a daycare.
2 Q. Sometime in the early '80s maybe? 2 Q. Okay. For how long have you been
3 A. Yes. 3 operating a daycare?
4 Q. Okay. And just for the record, this 4 A. '12.
5 was in the box link as photo number 5. We will 5 Q. And you own that business yourself?
6 mark it as Exhibit Number 3. 6 A. Yes.
7 Just a few more. Here's one. All 7 Q. Can you just briefly explain what your
8 right. Do you see a photo on your screen? 8 educational background is?
9 A. Yes. 9 A. Well, I went to welding school and
10 Q. Okay. Do you recognize this photo? 10 nursing -- nursing assistant. I went to that
11 A. Yes. 11 program. Graduated from high school.
12 Q. What do you recognize it to be? 12 Q. What year did you graduate from high
13 A. Me. 13 school?
14 Q. Okay. Can you tell from the picture 14 A. In '79.
15 about when it would have been taken? 15 Q. All right. What high school did you
16 A. About maybe -- about '80 -- '80 16 graduate from?
17 something. 17 A. Bennett High School.
18 Q. Okay. Do you remember what the 18 Q. What are some of the other things
19 occasion was? 19 you've done for work during the course of your
20 A. It was getting ready to go to a 20 life from when you graduated high school until
21 concert. 21 about 2012, when you said you opened the
22 Q. Do you remember what concert? 22 daycare?
23 A. I don't remember. 23 A. Oh, I worked at the post office. I
24 Q. Okay. All right. Last one for now, 24 worked at a nursing home for not long. I worked
25 and we'll mark that as Exhibit Number 4 today. 25 at Harlequin, not long. I did hair for a lot of
7 (Pages 22 - 25)
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1 years, until I started working at the post 1 fragrances of a particular brand?
2 office. 2 A. Avon. Just Avon.
3 Q. To your knowledge at any of those jobs 3 Q. Okay. All right. When is the first
4 did you ever work with or around any asbestos or 4 time you recall coming into contact with an Avon
5 asbestos-containing products? 5 powder product?
6 A. No, not that I know of. 6 A. It was constant. My mom and my sister
7 Q. Okay. We're going to switch gears a 7 used to use it all the time.
8 little bit again. In your life have you ever 8 Q. Were you ever in close proximity to
9 had occasion to come into contact with talcum 9 your mother and sisters when they would use Avon
10 powder products? 10 products --
11 A. Yes. 11 A. Yes.
12 Q. Do you recall the brand or brands of 12 Q. -- during that time?
13 talcum powder products that you've come into 13 A. Yes.
14 contact with in your life? 14 Q. Do you recall what the air would look
15 A. Different ones. Cashmere -- let's see, 15 like around them when you were a child and they
16 Skin So Soft. I don't know if you want to know 16 used Avon powder products around you?
17 about the Cashmere Bouquet. I had been around 17 DEFENSE COUNSEL: Objection.
18 that a long time. But Topaze, Charisma. I'm 18 BY MR. KERLEY:
19 trying to think of some of the ones. Goodness 19 Q. You can answer.
20 gracious, there was a lot. Topaze, Skin So 20 A. It was dusty. Little particles flying
21 Soft. I'm trying to think. Skin So Soft, I was 21 around in the air.
22 around. Topaze. My sister used to like 22 Q. Did there come a time when you started
23 Cotillion. 23 to use Avon powders on yourself on your own
24 I remember my mom would buy the -- what 24 body?
25 is it -- something country -- Wild Country for 25 A. Yes.
Page 27 Page 29
1 my brothers. I'm just trying to -- there's a 1 Q. Can you estimate approximately when
2 few that I was around and used a lot of. Used 2 that was?
3 it all the time, anyway, when I got teenager 3 A. '73. I think I was like 12, 13.
4 age. 4 Q. And do you recall for approximately how
5 Q. All right. So just to recap, you 5 long you would have used Avon powders on
6 mentioned Skin So Soft, Topaze, Charisma, 6 yourself?
7 Cotillion, Wild Country and Cashmere Bouquet. 7 A. I used it all the time until I got --
8 Do you recall any other talcum powder products 8 up until I got married and moved out from my
9 that you might have used or come into contact 9 mom.
10 with in your lifetime? 10 Q. And I think you already told us that
11 A. Johnson & Johnson. 11 you got married in '79?
12 Q. All right. Anything else? 12 A. Yes.
13 A. I'm trying to -- I'm trying to 13 Q. Okay. So is it fair to say you used
14 remember. Let's see, Skin So Soft -- 14 Avon powders on yourself from approximately 1973
15 Q. Did you or anyone you ever live with 15 until approximately 1979?
16 use any particular powder in their shoes? 16 A. Yes.
17 A. Oh, yes. 17 Q. All right. Now, can you explain for
18 Q. Do you recall what brand? 18 the jury what the containers of the Charisma
19 A. Gold Bond. 19 powder that you mentioned, what those containers
20 Q. And then have you ever used a powder on 20 looked like?
21 anyone else in your family to prevent bed sores? 21 A. Tall, red with gold writing on it, the
22 A. Caldesene on my grandmother. 22 script writing on it, with a -- the top on it
23 Q. Okay. All right. So do you have an 23 was a twist turn top. It was just the tall
24 understanding as to whether Skin So Soft, 24 bottle.
25 Topaze, Charisma, Cotillion and Wild Country are 25 Q. Okay. And then can you explain how you
8 (Pages 26 - 29)
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1 actually would go about applying that Charisma 1 BY MR. KERLEY:
2 powder. 2 Q. If you had seen a warning that said
3 A. Shake it. Shake it on you. Shake it 3 exposure to dust from Charisma powder may
4 on your breast and stuff. And you would shake 4 increase your risk of developing cancer, would
5 it on -- sometimes we would have powder puff, 5 you have continued to use it?
6 pour it on a powder puff, dab it on. We thought 6 DEFENSE COUNSEL: Objection.
7 that was fancy. We were fancy. We had powder 7 THE WITNESS: No.
8 puff stuff. 8 BY MR. KERLEY:
9 Q. How often approximately during the 9 Q. I think you also mentioned a couple of
10 approximate 1973 to 1979 time period would you 10 times Skin So Soft. Can you explain for the
11 have used Charisma powder? 11 jury what the containers of Skin So Soft looked
12 A. All the time. Used it al
Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 EXHIBIT 5 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 1 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE 2 __________________________________ 3 In re: EIGHTH JUDICIAL DISTRICT 4 __________________________________ 5 PATSY YOUNG 6 Plaintiff 7 -against- Index No. 8 815818/2020 9 AVENTIS, INC., et al. 10 Defendants 11 __________________________________ 12 13 Videotaped Testimony of PATSY YOUNG 14 15 16 17 18 19 20 21 22 23 24 Job No. P1-4496530 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 2 Page 4 1 A P P E A R A N C E S: 1 Transcript of the videotaped 2 2 testimony of PATSY YOUNG, called for Oral 3 SEAN K. KERLEY, ESQ. SIMON, GREENSTONE, PANATIER, PC 3 Examination in the above-captioned matter, said 4 5 Penn Plaza - Suite 2308 New York, New York 10001 4 testimony being taken pursuant to the Federal 5 Appearing for the Plaintiff 6 DANIEL KUSZMERSKI, ESQ. 5 Rules of Civil Procedure by and before Michele HOAGLAND, LONGO, MORAN, DUNST & DOUKAS 7 40 Paterson Street 6 Cannata-Smith, Court Reporter and Notary P.O. Box 480 7 Public; taken on April 28, 2021, commencing at 8 Brunswick, New Jersey 08903 Appearing for the Defendant 8 10:02 a.m. 9 Brenntag Specialties 10 MARY JO HERRSCHER, ESQ. 9 PHILLIPS, LYTLE, LLP 11 One Canalside 10 125 Main Street 11 12 Buffalo, New York 14203 Appearing for the Defendants 12 13 Novartis Corporations and Novartis Pharmaceuticals Corporation 13 14 HALEY MOODY, ESQ. 14 15 MILLER & MARTIN 15 Volunteer Building, Suite 1200 16 832 Georgia Avenue 16 Chattanooga, Tennessee 37402 17 Appearing for the Defendant 17 Chattem, Inc. 18 18 MADELYN IULO, ESQ. 19 19 FOLEY & MANSFIELD, PLLP 86 Chambers Street, Suite 202 20 20 New York, New York 10007 Appearing for the Defendant 21 21 Avon Products, Inc. 22 ANDREW J. KORNBLAU, ESQ. 22 LANDMAN, CORSI, BALLAINE & FORD, PC 23 23 1617 JFK Blvd., Suite 955 Philadelphia, PA 19103 24 24 Appearing for the Defendant WCD 25 25 Page 3 Page 5 1 DAVID OXAMENDI, ESQ. 1 INDEX GORDON REES SCULLY MANSUKHANI, LLP 2 2 1 Battery Park Plaza, 28th Floor 3 PATSY YOUNG PAGE New York, New York 10004 3 Appearing for the Defendant 4 Colgate Palmolive 5 DIRECT EXAMINATION BY MR. KERLEY 7 4 ROBERT J. MULLINS, II, ESQ. 6 CROSS-EXAMINATION BY MR. OXAMENDI 67 5 GIBSON, MCASKILL & CROSBY 7 CROSS-EXAMINATION BY MR. KORNBLAU 87 69 Delaware Avenue, Suite 900 6 Buffalo, New York 14202 8 CROSS-EXAMINATION BY MS. IULO 93 Appearing for the Defendant 9 CROSS-EXAMINATION BY MR. MULLINS 104 7 Insight 8 ROBERT A. SCHAEFER, JR., ESQ. 10 HARRIS BEACH, PLLC 11 9 100 Wall Street New York, New York 10005 12 EXHIBITS 10 Appearing for the Defendants 13 GSK, LLC; Block Drug Company, Inc. 11 and Block Drug Corporation 14 NO. DESCRIPTION PAGE 12 ANDREW BAIN, ESQ. 15 MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP 13 1300 Mount Kemble Avenue 16 1 Photograph 19 P.O. Box 2075 17 2 Photograph 21 14 Morristown, New Jersey 07862 Appearing for the Defendant 18 3 Photograph 23 15 Charles B. Chrystal Company, Inc. 19 4 Photograph 23 16 17 ALSO PRESENT: CHRIS HANLON, VIDEOGRAPHER 20 5 Photograph 24 18 21 6 Photograph 55 19 20 22 7 Photograph 56 21 23 8 Photograph 58 22 23 24 9 Photograph 63 24 25 10 Photograph 63 25 2 (Pages 2 - 5) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 6 Page 8 1 (Exhibits 1 - 10 were marked.) 1 A. A deposition for mesothelioma. 2 THE VIDEOGRAPHER: Good morning. We 2 Q. All right. Do you understand that the 3 are going on the record. The date today is 3 testimony you're giving today is being 4 April 28, 2021. And the time is 10:02 a.m., 4 videotaped? 5 Eastern time. This is media unit number one of 5 A. Yes. 6 the video recorded deposition of Miss Patsy 6 Q. Okay. Do you understand that the 7 Young. Taken in the matter of Patsy Young 7 videotaped may be shown to a jury at trial? 8 versus Aventis, Incorporated, et al., filed in 8 A. Yes. 9 the Supreme Court of the State of New York, 9 Q. Okay. And do you understand that the 10 Eighth Judicial District. Index Number 815818/ 10 oath you just gave is the same as if you would 11 2020. 11 be sitting in a courtroom in front of a jury? 12 This deposition is being held remotely 12 A. Yes. 13 in multiple locations. My name is Christopher 13 Q. Okay. Would you mind telling us what 14 Hanlon. I'm the video technician today. Our 14 your date of birth is, please. 15 court reporter is Michele Smith with Priority 15 A. October 1st, 1961. 16 One, a Veritext company. All attorney 16 Q. And how old does that make you today? 17 appearances will appear on the stenographic 17 A. I'll -- I'll be 60. 18 record. 18 Q. You will be 60 in October, right? 19 And at this time I would ask our court 19 A. Yes. 20 reporter, Miss Smith, to please administer the 20 DEFENSE COUNSEL: Excuse me, Sean. I 21 oath. 21 don't mean to interrupt. Before you get going, 22 22 can we have the usual stipulations in terms of 23 PATSY YOUNG, after being duly called and sworn, 23 an objection by one is an objection by all and 24 testified as follows: 24 all objections are reserved except as to form? 25 25 MR. KERLEY: Yes, of course. That's my Page 7 Page 9 1 DIRECT EXAMINATION BY MR. KERLEY: 1 bad. I just assumed my questions would be so 2 2 good no one would need to object. Yes, usual 3 Q. Okay. Pat, before we get going, I just 3 stips. 4 want to let you know the ground rules today are 4 DEFENSE COUNSEL: All right, I 5 going to be very similar to the deposition we 5 appreciate it. And then the only other 6 did about a month or two ago. Most importantly, 6 objection I will raise is just the use of Zoom 7 if you need to take a break for any reason at 7 as opposed to a videographer, but I just want to 8 all, just -- just let me or whoever else might 8 place it on the record. Otherwise, I don't want 9 be asking questions at that time know and we'll 9 to interrupt. 10 be happy to stop for you, okay? 10 BY MR. KERLEY: 11 A. Okay. 11 Q. Fair enough. Thank you, sir. 12 Q. All right. 12 Patsy, are you currently married? 13 A. Am I supposed to push this Veritext 13 A. No. 14 Virtual is being recorded, push "continue"? 14 Q. Okay. Have you ever been married? 15 Q. Yes, please press "continue". 15 A. Yes. 16 A. Okay. 16 Q. Okay. Who did you marry and when? 17 Q. Did you do it? 17 A. Leroy Young in '79. 18 A. Yes. 18 Q. And for how long were you married to 19 Q. Okay. So why don't we get going. Pat, 19 Mr. Young? 20 could you please introduce yourself to the Jury. 20 A. Until '81. Not long. 21 A. Patsy Young. 21 Q. Okay. Do you recall if Mr. Young had 22 Q. Okay. And, Pat, do you know why we're 22 any jobs during the time that you were married 23 here today? 23 and lived together? 24 A. Yes. 24 A. Yes. 25 Q. Okay. 25 Q. What do you remember him doing for 3 (Pages 6 - 9) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 10 Page 12 1 work? 1 Q. Okay. Do you recall for how long you 2 A. Bowen Rug Service. He worked at a 2 lived with Mr. McCant? 3 canning factory. He did just different stuff. 3 A. A long time. Until like -- until like 4 Odd jobs. 4 2000. 5 Q. To your knowledge did Mr. Young work 5 Q. And did you have any children with 6 with or around asbestos or asbestos-containing 6 Mr. McCant? 7 products during the time that you lived 7 A. Yes. 8 together? 8 Q. Okay. How many children did you have 9 A. No. 9 with Mr. McCant? 10 Q. Did you have any children with Leroy 10 A. Two. 11 Young? 11 Q. And what are their names? 12 A. Yes. 12 A. Curtis and Jacobbi. 13 Q. Okay. How many? 13 Q. What year was Curtis born? 14 A. Two. 14 A. '89. 15 Q. What are the names of the two children 15 Q. Does Curtis have any children? 16 you had with Mr. Young? 16 A. Two. 17 A. Nahkema Young and Lashawn Young. Do 17 Q. What are their names? 18 you want their last names now? 18 A. Torin and Owen. 19 Q. Sorry. When was Nahkema born? 19 Q. And when was Jacobbi born? 20 A. '79, December. 20 A. '92. 21 Q. And does Nahkema have any of her -- 21 Q. Does Jacobbi have any children? 22 children of her own? 22 A. Three. 23 A. Yes. 23 Q. Okay. And what are their names? 24 Q. Okay. How many children does she have? 24 A. Amir, Elijah and Marley. 25 A. Four. 25 Q. And am I correct that you currently Page 11 Page 13 1 Q. And can you tell us the names of your 1 take care of or have custody of two of Jacobbi's 2 grandchildren that are Nahkema's kids? 2 children? 3 A. Maya, Sydney -- they're twins -- Cara 3 A. Yes. 4 and Dakota. 4 Q. Okay. Which two is that? 5 Q. All right. And then when was Lashawn 5 A. Amir and Elijah. 6 born? 6 Q. Pat, do you have any great 7 A. In '81. 7 grandchildren? 8 Q. Okay. Does she have any children? 8 A. One. 9 A. Three. 9 Q. Okay. How old -- is it a boy or a 10 Q. What are the names of her children? 10 girl? 11 A. Nala, Sean and Antjuan. 11 A. A girl. 12 Q. Okay. After your marriage ended with 12 Q. How old is she? 13 Mr. Young, did you ever remarry? 13 A. She's three. 14 A. No. 14 Q. And what's her name? 15 Q. After your relationship with Mr. Young, 15 A. Malina. 16 did you have any other relationships with other 16 Q. So I'm not the best in math, but I 17 men where you lived together after your divorce 17 think -- is it true you have 12 total 18 from Mr. Young? 18 grandchildren? 19 A. Yes. 19 A. Yes. 20 Q. Who did you live with after your 20 Q. Okay. And then the one great 21 divorce from Mr. Young? 21 grandchild? 22 A. Jerome McCant. 22 A. Yes. 23 Q. When did you start living with 23 Q. Okay. Circling back to Mr. McCant 24 Mr. McCant? 24 briefly. Did Mr. McCant have any jobs when you 25 A. In '81. 25 lived with him? 4 (Pages 10 - 13) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 14 Page 16 1 A. Several. 1 A. Yes. 2 Q. Okay. Do you recall what any of those 2 Q. Okay. To your knowledge, during that 3 jobs were? 3 time period '61 to '79, did any of your siblings 4 A. Mostly at restaurants and driving cabs. 4 work with or around asbestos or asbestos- 5 Q. Okay. To your knowledge, during the 5 containing products at those jobs when you were 6 time that you lived with Jerome McCant, did he 6 living in the house with them? 7 ever work with or around asbestos or asbestos- 7 A. Not that I know of. 8 containing products? 8 Q. Okay. What was your father's name? 9 A. No, not that I know of. 9 A. Charles. 10 Q. Pat, where do you currently live? 10 Q. Okay. And is Charles still alive? 11 A. 99 Kensington. 11 A. No. 12 Q. Okay. In what city is that? 12 Q. Okay. When -- when did he pass? 13 A. Buffalo, New York. 13 A. In 2019, November. It was right after 14 Q. For how long have you lived in Buffalo, 14 Thanksgiving. 15 New York? 15 Q. What did he pass away from? 16 A. Since '64. '64, '65. 16 A. Dementia. 17 Q. Okay. Where were you born? 17 Q. Did you live in the house growing up 18 A. Memphis, Tennessee. 18 with your dad? 19 Q. Okay. So you were born in Memphis, 19 A. Only up until we moved to Buffalo. 20 Tennessee, and then moved to the Buffalo area 20 Q. Okay. So you lived with your dad from 21 when you were around four years old or so? 21 when you were born in '61 until '64, '65, when 22 A. Yes. 22 you moved to Buffalo? 23 Q. Okay. When you were growing up, would 23 A. Yes. 24 it be fair to say that you lived in a number of 24 Q. Do you have any recollection of what 25 residences in and around the Buffalo, New York, 25 your dad did for work in '61 to about '64, '65? Page 15 Page 17 1 area? 1 A. He worked at -- he was a foreman of 2 A. Yes. 2 Sealtest Milk Factory. 3 Q. Okay. To your knowledge were you ever 3 Q. To your knowledge did he work with or 4 exposed to asbestos or asbestos-containing 4 around asbestos or asbestos-containing products 5 products in any of those homes that you lived in 5 at the milk factory? 6 in the Buffalo, New York, area? 6 A. Not that I know of. 7 A. Not that I know of. 7 Q. What's your mother's name? 8 Q. I want to talk about your family a 8 A. Cora. 9 little bit. So -- do you have any siblings? 9 Q. Is she still alive? 10 A. Yes. 10 A. No. 11 Q. Okay. How many siblings do you have? 11 Q. When did she pass? 12 A. It was nine of us. 12 A. 2006. 13 Q. Okay. Can you start from the oldest 13 Q. Do you remember what she passed away 14 and name everybody? 14 from? 15 A. Charlene is the oldest, Gertrude, Jean, 15 A. Breast cancer and that metastasized to 16 Calvin, Thomas -- he passed -- Chuck, Donald, 16 her bones. 17 Patricia, me. I think that's all of them. 17 Q. When you were growing up, did your 18 Q. Okay. Did you say "Tom"? 18 mother have jobs outside the house? 19 A. Tom's passed, yes. 19 A. Yes. 20 Q. Okay. What year did you move out of 20 Q. Between '61 and when you were born and 21 the family home? 21 1979, do you remember what kind of jobs your mom 22 A. In '79. 22 had? 23 Q. Okay. Between 1961, when you were 23 A. Like odd jobs. Well, she worked for 24 born, and 1979, did any of the siblings you just 24 like doctors, and she took care of people, she 25 named have jobs outside the home? 25 took care of families. 5 (Pages 14 - 17) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 18 Page 20 1 Q. I think -- I think the way you 1 in the glasses? 2 described it at your last deposition was she was 2 A. His wife, Kathy. 3 a caregiver. Does that sound fair? 3 Q. Okay. And who's next to Kathy with the 4 A. Yes, yes. 4 ascot on? 5 Q. Okay. Now, to your knowledge during 5 A. My nephew, Maurice. 6 the time that your mom was working as a 6 Q. And which of your sibling's children is 7 caregiver, when you lived in the house with her 7 he? 8 growing up, to your knowledge did she work with 8 A. The oldest. 9 or around asbestos or asbestos-containing 9 Q. And then who's the gentleman in the 10 products? 10 back behind Maurice? 11 A. Not that I know of. 11 A. Jerome, my kid's dad. 12 Q. Now, I'm going to go through some of 12 Q. And then who is the young lady in the 13 the photos with you, just so we can introduce 13 front of him in the dress? 14 some of these people, so if you just bear with 14 A. My niece, Tammy; my oldest sister's. 15 me for a moment. 15 Q. And then who's the gentleman next to 16 Sorry, hold on one second. Of course, 16 her with what looks like a hat on? 17 I have to mess around with something. Oh, boy, 17 A. Matt. Little Matt, my nephew. 18 all right. Would you mind if we please go off 18 Q. And then who is the last guy on the 19 the record for a second. 19 right there behind him with the mustache? 20 THE VIDEOGRAPHER: Certainly. Standby. 20 A. Stevie, Jerome's cousin. 21 The time is 10:15. We are going off the record. 21 Q. Can you tell by this photo when it was 22 (Discussion off the record.) 22 taken? 23 THE VIDEOGRAPHER: Standby. The time 23 A. Let's see, it had to be like 20 -- like 24 is 10:17. We're back on the record. 24 maybe 21, 22, somewhere around there. 25 BY MR. KERLEY: 25 Q. Do you remember what the occasion was? Page 19 Page 21 1 Q. All right. Thank you for bearing with 1 A. I don't know. 2 me. I'm sorry about that technical snafu. 2 Q. Fair enough. I'm going to show you a 3 Miss Young, I'm going to share my 3 couple of more. Just bear with me a moment. 4 screen with you now. It's a photo. It was 4 Hold on. Are you seeing the same photo I showed 5 served on defense counsel two days ago. It's in 5 you the first time? 6 your box link as photo number 6, but we'll mark 6 A. No. 7 it as Exhibit Number 1 today. 7 Q. Okay. I don't know why it's popping up 8 Pat, do you see that on the screen? 8 like that on my screen. Give me one second, 9 A. Yes. 9 sorry. 10 Q. Okay. Do you recognize this 10 Okay. Do you recognize this 11 photograph? 11 photograph? 12 A. Yes. 12 A. Yes. 13 Q. What do you recognize it to be? 13 Q. Okay. What do you recognize it to be? 14 A. Me and my brothers and my nieces. 14 A. Me with my baby. 15 Q. Okay. Why don't we do this, I want you 15 Q. Okay. Which baby is it? 16 to kind of introduce some people, so why don't 16 A. Nahkema. Nahkema, the oldest. 17 we work left to right. Who is that on the 17 Q. Okay. And just for the record, that's 18 phone? 18 in the box link as photo number 8. We'll mark 19 A. Okay. Me, I'm on the phone. 19 it as Exhibit Number 2 today. 20 Q. All right. Who's the gentleman in the 20 Can you tell based on that picture when 21 three-piece suit next to you? 21 that photo was taken? 22 A. My brother. 22 A. That was like -- I think it was '80. 23 Q. Which brother is that? 23 1980. That look like her -- getting ready for 24 A. Charles. 24 her first birthday party. She turned one. 25 Q. Okay. And then who is next to Charles 25 Q. Okay, great. So that's -- Nahkema's 6 (Pages 18 - 21) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 22 Page 24 1 about one year old in that photo, okay. 1 I already closed it, but I think it was number 7 2 A. Yes. 2 in your box link. 3 Q. All right. Bear with me. 3 Do you see a photo on your screen? 4 Okay. Do you see a photo on your 4 A. Yes. 5 screen? 5 Q. Do you recognize this photo? 6 A. Yes. Sideways, but I see it. 6 A. Yes. 7 Q. Okay. I don't know how to flip it, but 7 Q. What do you recognize it to be? 8 hold on. Is that better? 8 A. Me and my two daughters. 9 A. Yes. 9 Q. Okay. Who's the daughter on the left? 10 Q. All right. Do you recognize this 10 A. Lashawn. 11 photo? 11 Q. And that's Nahkema in the back? 12 A. Yes. 12 A. Yes. 13 Q. What do you recognize it to be? 13 Q. Okay. Do you remember when this 14 A. Me holding my niece. 14 picture was taken? 15 Q. Okay. Do you know which niece it is? 15 A. About four years ago. 16 A. Stephanie. 16 Q. Okay. And just for the record, this is 17 Q. All right. And whose child is 17 photo number 10 in the box link. We'll mark it 18 Stephanie? 18 as Exhibit 5 today. I hope I'm keeping track of 19 A. My brother, Charles. 19 the exhibits correctly. Someone can correct me 20 Q. Okay. Can you tell by -- by the photo 20 if I'm wrong. 21 about when it was taken? 21 Switching gears a little bit. Pat, do 22 A. I'm trying to think how old Stephanie 22 you currently work? 23 is. I think Stephanie would be -- she'll be 40. 23 A. Yes. 24 Q. Okay. 24 Q. All right. Can you explain for the 25 A. So this was -- her and Nahkema is about 25 jury what it is you do for work? Page 23 Page 25 1 the same, but Nahkema is older than her. 1 A. Daycare. I have a daycare. 2 Q. Sometime in the early '80s maybe? 2 Q. Okay. For how long have you been 3 A. Yes. 3 operating a daycare? 4 Q. Okay. And just for the record, this 4 A. '12. 5 was in the box link as photo number 5. We will 5 Q. And you own that business yourself? 6 mark it as Exhibit Number 3. 6 A. Yes. 7 Just a few more. Here's one. All 7 Q. Can you just briefly explain what your 8 right. Do you see a photo on your screen? 8 educational background is? 9 A. Yes. 9 A. Well, I went to welding school and 10 Q. Okay. Do you recognize this photo? 10 nursing -- nursing assistant. I went to that 11 A. Yes. 11 program. Graduated from high school. 12 Q. What do you recognize it to be? 12 Q. What year did you graduate from high 13 A. Me. 13 school? 14 Q. Okay. Can you tell from the picture 14 A. In '79. 15 about when it would have been taken? 15 Q. All right. What high school did you 16 A. About maybe -- about '80 -- '80 16 graduate from? 17 something. 17 A. Bennett High School. 18 Q. Okay. Do you remember what the 18 Q. What are some of the other things 19 occasion was? 19 you've done for work during the course of your 20 A. It was getting ready to go to a 20 life from when you graduated high school until 21 concert. 21 about 2012, when you said you opened the 22 Q. Do you remember what concert? 22 daycare? 23 A. I don't remember. 23 A. Oh, I worked at the post office. I 24 Q. Okay. All right. Last one for now, 24 worked at a nursing home for not long. I worked 25 and we'll mark that as Exhibit Number 4 today. 25 at Harlequin, not long. I did hair for a lot of 7 (Pages 22 - 25) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 26 Page 28 1 years, until I started working at the post 1 fragrances of a particular brand? 2 office. 2 A. Avon. Just Avon. 3 Q. To your knowledge at any of those jobs 3 Q. Okay. All right. When is the first 4 did you ever work with or around any asbestos or 4 time you recall coming into contact with an Avon 5 asbestos-containing products? 5 powder product? 6 A. No, not that I know of. 6 A. It was constant. My mom and my sister 7 Q. Okay. We're going to switch gears a 7 used to use it all the time. 8 little bit again. In your life have you ever 8 Q. Were you ever in close proximity to 9 had occasion to come into contact with talcum 9 your mother and sisters when they would use Avon 10 powder products? 10 products -- 11 A. Yes. 11 A. Yes. 12 Q. Do you recall the brand or brands of 12 Q. -- during that time? 13 talcum powder products that you've come into 13 A. Yes. 14 contact with in your life? 14 Q. Do you recall what the air would look 15 A. Different ones. Cashmere -- let's see, 15 like around them when you were a child and they 16 Skin So Soft. I don't know if you want to know 16 used Avon powder products around you? 17 about the Cashmere Bouquet. I had been around 17 DEFENSE COUNSEL: Objection. 18 that a long time. But Topaze, Charisma. I'm 18 BY MR. KERLEY: 19 trying to think of some of the ones. Goodness 19 Q. You can answer. 20 gracious, there was a lot. Topaze, Skin So 20 A. It was dusty. Little particles flying 21 Soft. I'm trying to think. Skin So Soft, I was 21 around in the air. 22 around. Topaze. My sister used to like 22 Q. Did there come a time when you started 23 Cotillion. 23 to use Avon powders on yourself on your own 24 I remember my mom would buy the -- what 24 body? 25 is it -- something country -- Wild Country for 25 A. Yes. Page 27 Page 29 1 my brothers. I'm just trying to -- there's a 1 Q. Can you estimate approximately when 2 few that I was around and used a lot of. Used 2 that was? 3 it all the time, anyway, when I got teenager 3 A. '73. I think I was like 12, 13. 4 age. 4 Q. And do you recall for approximately how 5 Q. All right. So just to recap, you 5 long you would have used Avon powders on 6 mentioned Skin So Soft, Topaze, Charisma, 6 yourself? 7 Cotillion, Wild Country and Cashmere Bouquet. 7 A. I used it all the time until I got -- 8 Do you recall any other talcum powder products 8 up until I got married and moved out from my 9 that you might have used or come into contact 9 mom. 10 with in your lifetime? 10 Q. And I think you already told us that 11 A. Johnson & Johnson. 11 you got married in '79? 12 Q. All right. Anything else? 12 A. Yes. 13 A. I'm trying to -- I'm trying to 13 Q. Okay. So is it fair to say you used 14 remember. Let's see, Skin So Soft -- 14 Avon powders on yourself from approximately 1973 15 Q. Did you or anyone you ever live with 15 until approximately 1979? 16 use any particular powder in their shoes? 16 A. Yes. 17 A. Oh, yes. 17 Q. All right. Now, can you explain for 18 Q. Do you recall what brand? 18 the jury what the containers of the Charisma 19 A. Gold Bond. 19 powder that you mentioned, what those containers 20 Q. And then have you ever used a powder on 20 looked like? 21 anyone else in your family to prevent bed sores? 21 A. Tall, red with gold writing on it, the 22 A. Caldesene on my grandmother. 22 script writing on it, with a -- the top on it 23 Q. Okay. All right. So do you have an 23 was a twist turn top. It was just the tall 24 understanding as to whether Skin So Soft, 24 bottle. 25 Topaze, Charisma, Cotillion and Wild Country are 25 Q. Okay. And then can you explain how you 8 (Pages 26 - 29) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 03/03/2023 Page 30 Page 32 1 actually would go about applying that Charisma 1 BY MR. KERLEY: 2 powder. 2 Q. If you had seen a warning that said 3 A. Shake it. Shake it on you. Shake it 3 exposure to dust from Charisma powder may 4 on your breast and stuff. And you would shake 4 increase your risk of developing cancer, would 5 it on -- sometimes we would have powder puff, 5 you have continued to use it? 6 pour it on a powder puff, dab it on. We thought 6 DEFENSE COUNSEL: Objection. 7 that was fancy. We were fancy. We had powder 7 THE WITNESS: No. 8 puff stuff. 8 BY MR. KERLEY: 9 Q. How often approximately during the 9 Q. I think you also mentioned a couple of 10 approximate 1973 to 1979 time period would you 10 times Skin So Soft. Can you explain for the 11 have used Charisma powder? 11 jury what the containers of Skin So Soft looked 12 A. All the time. Used it al