Preview
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/22/2024
Exhibit E
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/22/2024
3
1 1 (Plaintiff's Exhibits V1 through V40, Photographs,
1 STATE OF NEW YORK : COUNTY OF NIAGARA 2 were marked for identification.)
SUPREME COURT : PART 3
2 --------------------------------------------------- 3
BENEDICT VIGLIETTA and TERRI VIGLIETTA,
3 Plaintiffs, 4 THE COURT: All right. Counsel, you're stipulating
4 -VS- INDEX # E174717/2021
5 to some records to put into evidence?
5 ASBESTOS CORPORATION LIMITED, a
Corporation of the Province of Quebec, et al., 6 MR. COOPER: Sorry, I apologize, Your Honor. Today
6 Defendants.
--------------------------------------------------- 7 is Mr. Wolk's witness. So, I believe the answer is yes, but
7 HEDMAN RESOURCES LIMITED,
Third-Party Plaintiff,
8 8 it would be Mr. Wolk.
-VS- INDEX # E174717/2021
9 9 MR. WOLK: I move V1 through V40 into evidence on
MANVILLE PERSONAL INJURY TRUST,
10 Third-Party Defendant. 10 consent.
---------------------------------------------------
11 175 Hawley Street 11 MR. FEGAN: No objection, Judge.
Lockport, New York
12 May 17, 2022
12 THE COURT: All right. They're admitted.
13
13
14 B E F O R E:
HONORABLE DEBORAH A. CHIMES 14 (Plaintiff's Exhibits V1 through V40 were marked
15 Supreme Court Justice
16 15 in evidence.)
A P P E A R A N C E S:
17 16
ADAM COOPER, ESQ.,
18 AND ADAM WOLK, ESQ., 17 THE OFFICER: Jury in.
Appearing for the Plaintiffs.
19
JEFFREY FEGAN, ESQ.,
18 (Whereupon the jury entered the room and attendance
20 AND JOHN J. BURBRIDGE, ESQ.,
Appearing for Hedman Resources Limited. 19 was taken.)
21
20 THE CLERK: All jurors and counsel present, Your
22
21 Honor.
23
24 22 THE COURT: Good morning, members of the jury. We
25 LISA A. MULLANE 23 are going to continue with the Plaintiff's proof. Counsel,
Official Supreme Court Reporter
24 who's your next witness?
25 MR. WOLK: The Plaintiffs call Benedict Viglietta.
2 4
1 INDEX TO WITNESSES
2 1 THE COURT: All right. Members of the jury, just a
3 DIRECT CROSS REDIRECT RECROSS 2 reminder, though it is live testimony by way of video or by
4
5 BENEDICT C. VIGLIETTA 5 91 -- -- 3 way of remote, it's treated as though the witness is
4 testifying right here on this witness stand.
6
5 THE CLERK: Mr. Viglietta, would you please raise
7 6 your right hand.
INDEX TO EXHIBITS
7 MR. BODYZIAK: The microphone is here, ma'am.
8
8 MR. WOLK: Mr. Viglietta, can you hear us?
9
9 MR. BODYZIAK: You have to unmute yourself, sir.
PLAINTIFF'S EXH. IDENTIFICATION EVIDENCE
10 10 THE WITNESS: Okay. I just unmuted myself and I
V1 through V40) Photograhs 3 3
11 hear you fine.
11
12 THE CLERK: Would you please raise your right hand.
12 13
13 14 B E N E D I C T C. V I G L I E T T A after
15 being duly called and sworn, testified as follows:
14
16
15 17 THE CLERK: Would you please state your name and
16 18 spell it for the record.
19 THE WITNESS: I am Benedict C. Viglietta,
17
20 B-E-N-E-D-I-C-T, C, V-I-G-L-I-E-T-T-A.
18
19 21 THE CLERK: And your address.
20
22 THE WITNESS: I didn't understand you.
21
22 23 THE CLERK: Your address.
23
24 THE WITNESS: My address is 1805 Village Green
24
25 25 Drive, Unit 6, Mill Creek, Washington 98012.
1 of 37 sheets Page 1 to 4 of 147 06/02/2022 10:01:54 AM
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 5 RECEIVED NYSCEF: 02/22/2024
7
1 THE CLERK: Thank you. 1 Washington DC and Elysa (phonetic). Sister Rose and husband Bob
2 THE WITNESS: You're welcome. 2 from Pennsylvania. That's -- her husband -- Rose's husband is
3 MR. WOLK: May I call, Your Honor? 3 Bruce. And brother Joe from Pennsylvania. And sister Jeannie
4 THE COURT: Yes. 4 from Syracuse and Tony and his wife Martha from Syracuse. I
5 5 hope I don't miss anybody. I apologize if I do. But I think
6 DIRECT EXAMINATION 6 that's who's in the room.
7 BY MR. WOLK: 7 Q Thank you, Ben. Now, are you currently receiving any
8 8 treatment for your mesothelioma?
9 Q Good morning, sir. Can you just for the record 9 A I'm -- excuse me while I think about that. A little
10 introduce yourself again for the jury? 10 hard. Mostly no because the oncologist told me about a month
11 A Yes. I'm Ben Viglietta. I gave you my full spelling, 11 ago at an awful Friday evening appointment that there was no
12 but I go by Ben. Ben Viglietta. 12 more treatment that was going to be effective. And he told me
13 Q And how old are you today, sir? 13 if I needed to do anything, do it, because my window of
14 A I'm seventy-two. 14 opportunity was narrow. And I should contact hospice and there
15 Q And how are you currently physically feeling today? 15 was going to be no more treatment.
16 A I feel lousy. That's a brief term. But if you ask me, 16 But actually, since then, I mean --
17 I will tell you what I mean. 17 (Whereupon there was an interruption due to technical
18 Q And we'll get into it during your testimony. Where are 18 difficulty.)
19 you testifying from today? You're not in the courtroom. 19 MR. WOLK: Just for the record it looks like the
20 A I am in my home in Mill Creek, Washington, near 20 PowerPoint --
21 Seattle. 21 THE WITNESS: -- radiation -- something changed on
22 Q And can you tell the jury why you've chosen to testify 22 my screen. But I don't -- all treatment directly for the
23 from your home as opposed to in court here today? 23 mesothelioma had -- I think it's all ended now. We're not
24 A I don't think I can do the travel anymore. Maybe I 24 even going to do more of the radiation for brain tumors.
25 could have managed it even up to a month ago, but as things get 25 BY MR. WOLK:
6 8
1 worse, it gets harder with the dizziness and more lately, the 1 Q I want to thank you for telling the jury that. We're
2 incontinence. I can't be filling up pads with urine all day 2 going to go through your medical course towards the end of your
3 long. I can't come. 3 testimony. I just want to say, there's a lot to go through
4 Q Understood, sir. And can you tell the jury just 4 today, Ben. So, if at any time you need to take a break for any
5 generally what's your understanding of why you're here to 5 reason, please let us know and we will do so.
6 testify before them today? 6 What I want to do to make this easier is break your
7 A Yeah. I got exposed during work at a chemical company 7 testimony into sections. I first want to talk about where you
8 a long time ago when I was in college, I got exposed to asbestos 8 grew up and your family. Then I want to speak about your work
9 and as a result, decades later I got mesothelioma. 9 history, sir, particularly your work history associated to the
10 Q And -- 10 exposure of asbestos from the Defendant's product. I'm going to
11 A I'm here because somebody is responsible for it. 11 turn back to more about your life, your likes, your dislikes,
12 That's why we're here. 12 the medical course and how this disease has impacted your life.
13 Q Thank you, sir. And what is your understanding of the 13 Does that sound good, sir?
14 prognosis of a diagnosis of mesothelioma? 14 A Yes.
15 A Well, one learns once you have to look at mesothelioma 15 Q Okay. Ben, can you tell the jury where you were born?
16 that it's a fatal disease. People die in a relatively short 16 A I was born in Manhattan, New York City.
17 period from it. And there's some treatment of very limited 17 Q How long did you live there for?
18 effect, but it's not effective. So, people die in a year or 18 A Just months. My family at that time actually lived in
19 less or thereabouts. Some people go longer, there are examples. 19 beautiful farm country in Central New York near Ithaca,
20 But that's the prognosis. 20 New York, where my dad went to college. So, I was only there
21 Q And while you are not here in the courtroom today, can 21 briefly before moving to the family home in -- in Central
22 you please tell the jury who you know to be in the courtroom on 22 New York.
23 your behalf today? 23 Q And where exactly was that -- that home in Central
24 A Yes. I know my brothers and sisters -- my brother 24 New York that you moved to after being born in Manhattan?
25 texted me a little bit ago. Robert, son Robert from 25 A I moved to Dryden, New York, a little farm town near
06/02/2022 10:01:54 AM Page 5 to 8 of 147 2 of 37 sheets
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 9 RECEIVED NYSCEF: 02/22/2024
11
1 Ithaca. 1 maintaining the household. And I consider that sort of a great,
2 Q And did you have any -- how many siblings did you have 2 fortunate thing in my life, that I had those experiences.
3 growing up? 3 Q And Ben, throughout your testimony I'm going to put up
4 A I have five brothers and I have seven sisters. 4 photos that you'll see on your screen. And at that time I'll
5 Q And what -- what number were you in that twelve 5 ask you to describe the photos. We're going to start that right
6 siblings? 6 now with what's been deemed in evidence as V1.
7 A I was first. 7 MR. BODYZIAK: Hang on one second.
8 Q And how did that impact your initial childhood growing 8 MR. WOLK: Just give it a second, Ben. Okay.
9 up? 9 BY MR. WOLK:
10 A I guess maybe for the first few kids we might have been 10 Q Ben, do you see the photo that's on the screen?
11 like many other families with two, three, four children. But it 11 A I see -- yes, the answer is yes now.
12 had enormous impact -- 12 Q And can you tell the jury what that photo depicts?
13 (Whereupon there was an interruption due to 13 A That's my wedding day. In the picture is 1898 grandpa
14 technical difficulties.) 14 born in Italy, my father and mother, all my brothers and
15 MR. BODYZIAK: I don't know if it's his connection 15 sisters. And I see that there are two spouses. So, it's --
16 or mine. 16 that's who's in the picture.
17 THE WITNESS: She had to turn to her teenage 17 Q Now, you indicated that you moved to Dryden, New York
18 children -- 18 initially. Did your family move to another area in New York at
19 BY MR. WOLK: 19 a later time?
20 Q I'm going to stop you, Ben. I'm going to go back and 20 A Yes.
21 I'm going to ask you to repeat the answer. My question to you 21 Q And can you tell the jury where?
22 was: How did being the first of many siblings impact you 22 A We lived in the farm community of Dryden, New York on
23 growing up. 23 twenty-eight acres until I was between eighth grade and ninth
24 And if I do this, Ben, during the course of the trial, 24 grade, when the family moved to Clinton, New York.
25 that's just because we have lost connection to you. So, just 25 Q And you went to high school in Clinton, New York?
10 12
1 when I -- when I re-ask you a question, just do everybody a 1 A Yes.
2 favor and provide another answer. Is that okay? 2 Q Do you have any work you did in high school?
3 A It's okay. And I think I know when you lose 3 A Yes, I had kind of maybe typical jobs that high school
4 connection. Because instead of the feed from the courtroom, I 4 kids have. I worked nearby in a hardware store for some time.
5 get something else. But I will repeat the question. 5 And I stripped furniture for another guy. And I mowed lawns and
6 THE COURT: Counsel, maybe perhaps if he notices a 6 I did all that kind of stuff during high school.
7 change in the feed, he should stop talking. Then once we 7 Q Okay. And if we can put Ben back on the screen. So,
8 get the feed again, he can continue. 8 Ben, now you graduate high school and what do you do next?
9 MR. WOLK: Perfect. 9 A I went to college nearby, Utica College. I stayed home
10 BY MR. WOLK: 10 in Clinton. I hitch hiked back and forth to school. Yes, you
11 Q Did you hear that, Ben? 11 could do that in those days. And yeah, I went to college for a
12 A I heard that, yes. 12 while.
13 Q Great. 13 Q And what college was it and how did it go for you?
14 A Right now you are back, just this second. I see the 14 A It didn't go so well. I went to Utica College and I
15 courtroom now. So, I guess it's back to normal. 15 went for a full school year, freshman year, getting bad grades.
16 Q Okay. So, you're the first of twelve or thirteen. 16 And then in my sophomore year, first semester, I dropped out.
17 Please tell the jury how that impacted your life growing up. 17 Q And after you dropped out what was your next move?
18 A My mother had four boys first. Later on when there 18 A It was Vietnam time. There was no lottery. You're
19 were many children, there was enormous amount of help she needed 19 just gone if you weren't married or had some sort of deferment.
20 to maintain a household, which reached up to thirteen children. 20 So, the day my dad came home and I told him I dropped
21 I was fortunate enough to be the -- the boy who was first with 21 out of college, he looked down at his magazine. He looked up
22 no sisters following me. I only guess that had there been 22 after a bit and said I recommend you go into the Army or the Air
23 sisters, families would turn to sisters for things. But you 23 Force. He was thinking about the safety of his son going into
24 know what, I'm the one, and my next brother down, Gene, who 24 all the shooting of Vietnam. So, that's what I did.
25 changed the diapers and helped with every part we could in 25 Q And so, you enlisted in the Air Force? How long were
3 of 37 sheets Page 9 to 12 of 147 06/02/2022 10:01:54 AM
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 13 RECEIVED NYSCEF: 02/22/2024
15
1 you there for? 1 A Oh, yeah, that's where I met my wife Terri. It was
2 A I enlisted for four -- for one standard four-year term 2 September, I think, of '73. All of us kids were just back to
3 and spent that time in the Air Force. 3 school and we don't know anybody yet, so we're just trying to
4 Q And can you briefly just tell the jury about that 4 meet each other. Boys are trying to meet girls. The battle of
5 four-year stint initially in the Air Force? 5 the sexes was a -- really for anybody who's a tennis fan, was a
6 A Yes. I got picked, I was in electronics. They trained 6 -- was a hyped up match on TV between Billy Jean King and Bobby
7 me on a plane, but they took me off that plane and put me on a 7 Riggs. And she's a professional and he's a male. He claimed
8 very special plane. It was a classified plane, which was in 8 women can't beat men. And so, that's why it's called the battle
9 Thailand. So, my four years, to say briefly, was one year of 9 of the sexes.
10 training, a year to Thailand, a year back in the States back on 10 Q And --
11 that first airplane and then my last year back in Thailand 11 A But for me, it was where I met Terri. We were in the
12 working on the AC 130 gunship. 12 student union and I was just turning around trying to flirt with
13 Q And we're going to speak a bit more about your 13 -- well, I remember there were two girls, but Terri was the one
14 relationship to Thailand. But can you just briefly tell the 14 who was responding to me. And that's what battle of the sexes
15 jury about the impression your experience during those four 15 is for us.
16 years in Asia impacted your life? 16 Q Now, after that --
17 A Huge impact. I'm a nineteen year old from -- basically 17 MR. BODYZIAK: Oh, I think we lost him again. Hold
18 from farm country in Central New York. And I go to Asia. Well, 18 on. He's coming back.
19 it was -- it was a wonderful experience. I wasn't in danger 19 (Whereupon there was an interruption due to
20 because we were in Thailand. 20 technical difficulties.)
21 And I -- people do different things when they're 21 BY MR. WOLK:
22 overseas. Some find it very strange and they kind of stick to 22 Q Are you there, sir?
23 -- stick to home, being the base. I did full immersion to 23 A Yes. It's back.
24 Thailand. I learned to speak Thai, read Thai and spend as much 24 Q I just want to show what's been marked as V2 in
25 time as I could with people just learning and enjoying their 25 evidence to the jury. And when it's shared on your screen can
14 16
1 culture. And so, shorter answer, Thailand has a huge impact on 1 you please tell the jury what's depicted in that photo?
2 me and interest level for me for my whole life. 2 A That photo I made for Terri on our twenty-fifth
3 Q And I just want to clarify something for the record, 3 anniversary to commemorate our meeting that morning.
4 while you were enlisted for those four years, you were not in 4 Q And the photo below the happy twenty-fifth, Terri, is
5 Thailand for those full four years, correct? It was only a 5 that you and Terri in younger years?
6 period of that time? 6 A Yes.
7 A That's right. That's right. Two one-year periods in 7 Q So, at some point you made it official with Terri,
8 Thailand. 8 correct?
9 Q So, after your initial stint are you discharged, sir? 9 A Yes. We got married October 31st, '77.
10 A Yes. I got an honorable discharge in October of '72. 10 Q And do you see the photo that's being shared right now,
11 Q And what do you do next? 11 can you tell the jury what that is, V3?
12 A Well, I was always going to go to college. The only 12 A Our wedding. Yes, that's our wedding party.
13 thing is when -- in my start I just wasn't serious, I didn't 13 Q And what year did you get married?
14 apply myself. I played more pool than I did look at books. 14 A 1977.
15 So, during my Air Force time I took every opportunity 15 Q And where did you get married, sir?
16 to get some progress. And by the time I got out, I was only 16 A We got married on Long Island, where Terri is from.
17 two-and-a-half, approximately, semesters from a degree, a first 17 Q Now, how would you describe the nature of your
18 degree, you know, a four-year degree. So, I went to college is 18 relationship with Terri?
19 the shorter answer and to finish up college. 19 A Well, it's been a lot of years. But for the vast
20 Q And where did you go? What college? 20 number of those years we're partners. Of course we start with
21 A State University -- Buffalo, SUN -- State University of 21 the passion of young people, but Terri is my partner.
22 New York at Buffalo. 22 Q Sir, do you and Terri have any children?
23 Q And I want to draw your attention to something called 23 A Yes. We have three boys, Ben, David and Bob.
24 battle of the sexes. Can you tell the jury the significance of 24 Q And can you tell the jury their current ages and where
25 battle of the sexes at your time at the University at Buffalo? 25 they live?
06/02/2022 10:01:54 AM Page 13 to 16 of 147 4 of 37 sheets
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 17 RECEIVED NYSCEF: 02/22/2024
19
1 A Ben is forty-one, lives nearby here in the Seattle 1 anybody else in your life that is like a child to you?
2 area, works for Microsoft. David is thirty-nine, lives nearby, 2 A Well, yes.
3 he's a locksmith. And Bob, who's there today from DC, lives in 3 Q Can you please tell the jury about that?
4 Washington DC and he works for the state department, the United 4 A I mentioned the Thailand contact has been part of my
5 States State Department. 5 life. The -- another person who calls me dad, she calls me
6 Q And how would you describe the nature of your 6 Mister Ben and she calls Terri mom, is a Thai girl. Well, let's
7 relationship with your three sons? 7 say a Thai woman, she's twenty-nine now. And she lived with us
8 A Well, it's very good. There's no, like, estrangement 8 as a foreign exchange student in Clinton. And Sam has been a
9 or difficulty. Best I can say is I couldn't possibly be any 9 regular part of our life for -- ever since the days about twelve
10 more proud of them. They're -- they're not married, they're 10 years ago when she was in -- in our house.
11 very well employed and they're self sufficient. And I just 11 Q And when she was in your house approximately twelve
12 couldn't have asked for more responsible children. 12 years ago, what if anything did you and Terri try to do to make
13 Q Sir, there's a few photos that we're going to show 13 her stay unique?
14 right now and if you could just please describe them to me. It 14 A Well, we wanted to -- we had no children of our own in
15 should be V5, V6, V7 and V8 for the record. 15 the home who would be companions for activities. They were off
16 So, let's start with this one, sir. Can you tell the 16 to college by then. So, Sam is alone. And if she had people
17 jury what's being depicted in this photo? 17 ringing her up from the high school all the time for activities,
18 A Well, that's my family, younger. Looking at that 18 that would have been very nice, but she didn't. So, we took it
19 couch, that's got to be in Clinton, I think, the home that we 19 as our responsibility to help her, to take care of her, to make
20 lived -- our family lived in. Must have been visiting Clinton. 20 her stay good. And I specifically wanted to give her
21 Q And approximately the year? 21 experiences she would never get as a person from the hot tropics
22 A Well, Robert -- I'm going to wing it from this. Robert 22 of Thailand.
23 is, what, two? So, had to subtract thirty-seven from now -- or 23 So, I took her ice fishing. I took her to farm
24 no, thirty-two -- thirty years ago. It's thirty years ago, 24 auctions, because I like them. Riding a snowmobile. So, that
25 that's when that photo is. 25 was the goal, to try to help her have something to do and give
18 20
1 Q And let's just move on to the next photo, please. Can 1 her unique experiences for her life.
2 you tell the jury what's being depicted in this photo? 2 Q And I'm going to put up what's been marked in evidence
3 A I mean, myself and my two older sons. Again, if you 3 as V9. And if you can just tell the jury what is depicted in
4 want to know when, if Bob is -- if the middle -- if the younger 4 that photo. Right there.
5 one in the red shirt, David, is seven, then Bob is just born, 5 A There's Sam. By the way, her name is Sam, which means
6 about the best I can tell. I don't know the date of the 6 -- it's exactly the word for three, because she was a quintuplet
7 picture. 7 -- she was a quadruplet. She was a child, one of four. Anyway,
8 Q And we'll just move on to the next one. Where's that 8 the picture is actually later when she visited us here in
9 photo taken, sir? 9 Washington. And at it again, we took her skiing. So, we're
10 A One of my locations in the United States Air Force, 10 near here. And her friend Pan accompanied her. There's my
11 which you will get to later, this is Las Vegas, Nevada, where we 11 middle son. And a third picture shows Terri and me and Sam.
12 lived. 12 Q Now, I want to turn back towards your end of college.
13 Q And when's the last time you had the opportunity to see 13 You met Terri, what do you do after you graduate from college?
14 all three sons in person at the same time? 14 A Well, I went to law school.
15 A I have the hardest time remembering things right these 15 Q How did that come about, sir?
16 days. But it was -- what I think it was was the day that Ben 16 A It was accidental almost, if you can imagine that. One
17 and David, the ones who are local, were going to come over here. 17 day when I was in my senior year I was walking on campus on
18 It might have been their mom's birthday on April the 7th, 18 Saturday and I came across a building or room where they were
19 because it feels like it was about that long ago. But maybe if 19 giving the law school admission test. I had never had any goal
20 I can't say that exact, the doorbell rang, we open the door and 20 of going to law school. I rather thought being in my later
21 you know what? Bob surprised us by getting on a plane and 21 twenties it was time to get to it, get an occupation already.
22 coming out. Now, this could have been his mother's birthday or 22 But I -- I was -- I don't know power wise, I sat down and I took
23 holiday, I don't know what it was. But that was the last time 23 a vacant seat and I took the law school admission test, still
24 the five of us were together. 24 with not too much interest in it.
25 Q Now, you just spoke about your three sons. Is there 25 Well, I got a good score on it. And I went home a bit
5 of 37 sheets Page 17 to 20 of 147 06/02/2022 10:01:54 AM
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 21 RECEIVED NYSCEF: 02/22/2024
23
1 later and I said to my mother, like I -- sort of an offhand 1 this same time I had a couple of, quote, un -- sort of like jobs
2 thing, I could go to law school. Because I had -- by this time 2 you might call them, they were summertime internships relating
3 I was a good student and I had good -- good, you know, record 3 to law. So, they were not paid, but they were, you know, more
4 from my economics degree. And she got so excited. Within 4 sort of career value as opposed to just some bucks. And so, I
5 minutes she's talking to Aunt Pat and the -- sort of the 5 worked for the District Attorney. I interned for the District
6 enthusiasm of the family influenced me. I went to law school, 6 Attorney in Utica. And I also had a similar job for a judge in
7 that's how it -- that's how I did it, that's why I did it. I 7 a little town in upstate New York, Palmyra, I think it was
8 don't know if you hear me, the screen is still again. 8 Palmyra, where Mr. Kaufman was the town justice. So, that was
9 Q We can -- we can hear you, Ben. Okay. There you are. 9 more of what took up my summers during law school.
10 Now, did you go straight through law school or did you take a 10 Q Okay. And we're going to circle back later and
11 break? 11 concentrate on your time in Durez during '74 and '76. Right now
12 A Well, I -- I didn't go straight through. I took a 12 I want to briefly go over your time after law school. You go
13 break during law school. I want to tell you that for the first 13 into private practice, sir; is that correct?
14 time ever for me personally school was hard. Law school was 14 A Yes. I got a job right away with a little bitty firm,
15 hard. I had always had a pretty easy time with school. So, 15 Perez and Crowley. It was on Buffalo Avenue in Niagara Falls.
16 after some of it, like, again, what was it, two semesters, in my 16 The head guy, Lou Perez, could see the -- the top of the US
17 third semester I already had a failing grade and a D and -- and 17 falls right out of his office. I could, too, but I had to put
18 I just didn't have the enthusiasm to start with. So, I left. I 18 my face on the window because I didn't have the best office.
19 left law school in my third semester. 19 So, I worked for Perez and Crowley when I got out of law school.
20 Q And what did you do during that period away from law 20 Q And how did that go for you, sir?
21 school that influenced the rest of your life? What did you do, 21 A It really went okay. Lou Perez was -- I guess he's a
22 sir? 22 successful guy, more work than he could do. And he carved out
23 A Well, it was time to get a job. Finally, you know, 23 responsibilities for me, which was real estate closings and
24 late twenties, I worked as a bill collector in the Buffalo area. 24 bankruptcies. And that's what I did for -- for a while until I
25 Worst job I ever had. I didn't do it very long. The job was go 25 left Perez and Crowley.
22 24
1 to work and be mean. Go to work and scare people and -- on the 1 Q And can you tell the jury the circumstances of choosing
2 telephone. 2 to leave?
3 So, after a while of doing this, I just stood up -- a 3 A Well, yes. Meantime, Terri gets the degree, a
4 while meaning, I don't know, it might have been a month. I 4 four-year degree, ecology of water resources. It was a special
5 don't remember. But something like that. Walked over to the 5 degree, there was no such major, but she got a sponsor, a
6 boss and said I'm out of here. So, I left that job, went back 6 faculty sponsor and got a BS in ecology of water resources. So,
7 to law school. 7 she got a good job. She had -- I had the law job, making no
8 Q And did you graduate law school, sir? 8 money and she had -- the reason for that is I had a tiny salary.
9 A Yes, I did. 9 I mean, the way they figure it is you go find your own clients.
10 Q And became a member of the Bar? 10 So, that was my opportunity there.
11 A Yes. 11 Terri had a good job, a nice car. And to my surprise
12 Q Now, I want to go over your work experiences. Let's 12 one day she brought me materials for being a lawyer in the Air
13 start with your time leading up to law school and during law 13 Force, pamphlets she had gotten. And it went from there.
14 school. Did you have any employment during that time? 14 Q And at that point did you join the Air Force for a
15 A By virtue of the GI bill I was being assisted with 15 second stint?
16 college after, you know, getting out of the Air Force time. And 16 A I was, I have to tell you, thrilled because I did not
17 I did not have to be employed during the school year. A great 17 expect my -- Terri to ever do that. She -- Vietnam era,
18 advantage to be a student who doesn't have to hold down -- put 18 remember some of the feelings of high school people during that
19 those other hours in. But every summer I would use it to my 19 era. But she did. And in as little time as possible, really, I
20 best advantage to make some money to, you know, go to college. 20 was on my way back into the Air Force --
21 So, I had a job -- summer jobs. 21 Q And --
22 Q And can you briefly tell the jury some of those summer 22 A -- to be a lawyer -- to be a lawyer in the Air Force.
23 jobs? 23 Q And what -- what's that area of the Air Force called,
24 A Yes. Well, the main ones were two summers that I 24 the lawyers in the Air Force?
25 worked for the chemical plant when I -- 1974 and 1976. During 25 A Just like those Navy JAGs on the TV, JAGs, we'll call
06/02/2022 10:01:54 AM Page 21 to 24 of 147 6 of 37 sheets
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 7 25 RECEIVED NYSCEF: 02/22/2024
27
1 it JAGs. 1 it or not, we got an assignment where our family is. And then
2 Q And can you tell the jury what your starting rank was? 2 Las Vegas and ended in Los Angeles. There's a couple more, but
3 Actually, withdrawn. How long were you a member of JAG with the 3 they're just not as sort of glamorous as the ones I mentioned.
4 Air Force? 4 Q I'm going to show you on the screen what's been marked
5 A Fourteen more years until I retired. 5 in evidence as V10. Can you just tell the jury what's depicted
6 Q And can you tell the jury your rank when you went in 6 in this photo, where you are?
7 and then when you retired? 7 A It's showing here
Preview
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/22/2024 Exhibit E FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/22/2024 3 1 1 (Plaintiff's Exhibits V1 through V40, Photographs, 1 STATE OF NEW YORK : COUNTY OF NIAGARA 2 were marked for identification.) SUPREME COURT : PART 3 2 --------------------------------------------------- 3 BENEDICT VIGLIETTA and TERRI VIGLIETTA, 3 Plaintiffs, 4 THE COURT: All right. Counsel, you're stipulating 4 -VS- INDEX # E174717/2021 5 to some records to put into evidence? 5 ASBESTOS CORPORATION LIMITED, a Corporation of the Province of Quebec, et al., 6 MR. COOPER: Sorry, I apologize, Your Honor. Today 6 Defendants. --------------------------------------------------- 7 is Mr. Wolk's witness. So, I believe the answer is yes, but 7 HEDMAN RESOURCES LIMITED, Third-Party Plaintiff, 8 8 it would be Mr. Wolk. -VS- INDEX # E174717/2021 9 9 MR. WOLK: I move V1 through V40 into evidence on MANVILLE PERSONAL INJURY TRUST, 10 Third-Party Defendant. 10 consent. --------------------------------------------------- 11 175 Hawley Street 11 MR. FEGAN: No objection, Judge. Lockport, New York 12 May 17, 2022 12 THE COURT: All right. They're admitted. 13 13 14 B E F O R E: HONORABLE DEBORAH A. CHIMES 14 (Plaintiff's Exhibits V1 through V40 were marked 15 Supreme Court Justice 16 15 in evidence.) A P P E A R A N C E S: 17 16 ADAM COOPER, ESQ., 18 AND ADAM WOLK, ESQ., 17 THE OFFICER: Jury in. Appearing for the Plaintiffs. 19 JEFFREY FEGAN, ESQ., 18 (Whereupon the jury entered the room and attendance 20 AND JOHN J. BURBRIDGE, ESQ., Appearing for Hedman Resources Limited. 19 was taken.) 21 20 THE CLERK: All jurors and counsel present, Your 22 21 Honor. 23 24 22 THE COURT: Good morning, members of the jury. We 25 LISA A. MULLANE 23 are going to continue with the Plaintiff's proof. Counsel, Official Supreme Court Reporter 24 who's your next witness? 25 MR. WOLK: The Plaintiffs call Benedict Viglietta. 2 4 1 INDEX TO WITNESSES 2 1 THE COURT: All right. Members of the jury, just a 3 DIRECT CROSS REDIRECT RECROSS 2 reminder, though it is live testimony by way of video or by 4 5 BENEDICT C. VIGLIETTA 5 91 -- -- 3 way of remote, it's treated as though the witness is 4 testifying right here on this witness stand. 6 5 THE CLERK: Mr. Viglietta, would you please raise 7 6 your right hand. INDEX TO EXHIBITS 7 MR. BODYZIAK: The microphone is here, ma'am. 8 8 MR. WOLK: Mr. Viglietta, can you hear us? 9 9 MR. BODYZIAK: You have to unmute yourself, sir. PLAINTIFF'S EXH. IDENTIFICATION EVIDENCE 10 10 THE WITNESS: Okay. I just unmuted myself and I V1 through V40) Photograhs 3 3 11 hear you fine. 11 12 THE CLERK: Would you please raise your right hand. 12 13 13 14 B E N E D I C T C. V I G L I E T T A after 15 being duly called and sworn, testified as follows: 14 16 15 17 THE CLERK: Would you please state your name and 16 18 spell it for the record. 19 THE WITNESS: I am Benedict C. Viglietta, 17 20 B-E-N-E-D-I-C-T, C, V-I-G-L-I-E-T-T-A. 18 19 21 THE CLERK: And your address. 20 22 THE WITNESS: I didn't understand you. 21 22 23 THE CLERK: Your address. 23 24 THE WITNESS: My address is 1805 Village Green 24 25 25 Drive, Unit 6, Mill Creek, Washington 98012. 1 of 37 sheets Page 1 to 4 of 147 06/02/2022 10:01:54 AM FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 5 RECEIVED NYSCEF: 02/22/2024 7 1 THE CLERK: Thank you. 1 Washington DC and Elysa (phonetic). Sister Rose and husband Bob 2 THE WITNESS: You're welcome. 2 from Pennsylvania. That's -- her husband -- Rose's husband is 3 MR. WOLK: May I call, Your Honor? 3 Bruce. And brother Joe from Pennsylvania. And sister Jeannie 4 THE COURT: Yes. 4 from Syracuse and Tony and his wife Martha from Syracuse. I 5 5 hope I don't miss anybody. I apologize if I do. But I think 6 DIRECT EXAMINATION 6 that's who's in the room. 7 BY MR. WOLK: 7 Q Thank you, Ben. Now, are you currently receiving any 8 8 treatment for your mesothelioma? 9 Q Good morning, sir. Can you just for the record 9 A I'm -- excuse me while I think about that. A little 10 introduce yourself again for the jury? 10 hard. Mostly no because the oncologist told me about a month 11 A Yes. I'm Ben Viglietta. I gave you my full spelling, 11 ago at an awful Friday evening appointment that there was no 12 but I go by Ben. Ben Viglietta. 12 more treatment that was going to be effective. And he told me 13 Q And how old are you today, sir? 13 if I needed to do anything, do it, because my window of 14 A I'm seventy-two. 14 opportunity was narrow. And I should contact hospice and there 15 Q And how are you currently physically feeling today? 15 was going to be no more treatment. 16 A I feel lousy. That's a brief term. But if you ask me, 16 But actually, since then, I mean -- 17 I will tell you what I mean. 17 (Whereupon there was an interruption due to technical 18 Q And we'll get into it during your testimony. Where are 18 difficulty.) 19 you testifying from today? You're not in the courtroom. 19 MR. WOLK: Just for the record it looks like the 20 A I am in my home in Mill Creek, Washington, near 20 PowerPoint -- 21 Seattle. 21 THE WITNESS: -- radiation -- something changed on 22 Q And can you tell the jury why you've chosen to testify 22 my screen. But I don't -- all treatment directly for the 23 from your home as opposed to in court here today? 23 mesothelioma had -- I think it's all ended now. We're not 24 A I don't think I can do the travel anymore. Maybe I 24 even going to do more of the radiation for brain tumors. 25 could have managed it even up to a month ago, but as things get 25 BY MR. WOLK: 6 8 1 worse, it gets harder with the dizziness and more lately, the 1 Q I want to thank you for telling the jury that. We're 2 incontinence. I can't be filling up pads with urine all day 2 going to go through your medical course towards the end of your 3 long. I can't come. 3 testimony. I just want to say, there's a lot to go through 4 Q Understood, sir. And can you tell the jury just 4 today, Ben. So, if at any time you need to take a break for any 5 generally what's your understanding of why you're here to 5 reason, please let us know and we will do so. 6 testify before them today? 6 What I want to do to make this easier is break your 7 A Yeah. I got exposed during work at a chemical company 7 testimony into sections. I first want to talk about where you 8 a long time ago when I was in college, I got exposed to asbestos 8 grew up and your family. Then I want to speak about your work 9 and as a result, decades later I got mesothelioma. 9 history, sir, particularly your work history associated to the 10 Q And -- 10 exposure of asbestos from the Defendant's product. I'm going to 11 A I'm here because somebody is responsible for it. 11 turn back to more about your life, your likes, your dislikes, 12 That's why we're here. 12 the medical course and how this disease has impacted your life. 13 Q Thank you, sir. And what is your understanding of the 13 Does that sound good, sir? 14 prognosis of a diagnosis of mesothelioma? 14 A Yes. 15 A Well, one learns once you have to look at mesothelioma 15 Q Okay. Ben, can you tell the jury where you were born? 16 that it's a fatal disease. People die in a relatively short 16 A I was born in Manhattan, New York City. 17 period from it. And there's some treatment of very limited 17 Q How long did you live there for? 18 effect, but it's not effective. So, people die in a year or 18 A Just months. My family at that time actually lived in 19 less or thereabouts. Some people go longer, there are examples. 19 beautiful farm country in Central New York near Ithaca, 20 But that's the prognosis. 20 New York, where my dad went to college. So, I was only there 21 Q And while you are not here in the courtroom today, can 21 briefly before moving to the family home in -- in Central 22 you please tell the jury who you know to be in the courtroom on 22 New York. 23 your behalf today? 23 Q And where exactly was that -- that home in Central 24 A Yes. I know my brothers and sisters -- my brother 24 New York that you moved to after being born in Manhattan? 25 texted me a little bit ago. Robert, son Robert from 25 A I moved to Dryden, New York, a little farm town near 06/02/2022 10:01:54 AM Page 5 to 8 of 147 2 of 37 sheets FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 9 RECEIVED NYSCEF: 02/22/2024 11 1 Ithaca. 1 maintaining the household. And I consider that sort of a great, 2 Q And did you have any -- how many siblings did you have 2 fortunate thing in my life, that I had those experiences. 3 growing up? 3 Q And Ben, throughout your testimony I'm going to put up 4 A I have five brothers and I have seven sisters. 4 photos that you'll see on your screen. And at that time I'll 5 Q And what -- what number were you in that twelve 5 ask you to describe the photos. We're going to start that right 6 siblings? 6 now with what's been deemed in evidence as V1. 7 A I was first. 7 MR. BODYZIAK: Hang on one second. 8 Q And how did that impact your initial childhood growing 8 MR. WOLK: Just give it a second, Ben. Okay. 9 up? 9 BY MR. WOLK: 10 A I guess maybe for the first few kids we might have been 10 Q Ben, do you see the photo that's on the screen? 11 like many other families with two, three, four children. But it 11 A I see -- yes, the answer is yes now. 12 had enormous impact -- 12 Q And can you tell the jury what that photo depicts? 13 (Whereupon there was an interruption due to 13 A That's my wedding day. In the picture is 1898 grandpa 14 technical difficulties.) 14 born in Italy, my father and mother, all my brothers and 15 MR. BODYZIAK: I don't know if it's his connection 15 sisters. And I see that there are two spouses. So, it's -- 16 or mine. 16 that's who's in the picture. 17 THE WITNESS: She had to turn to her teenage 17 Q Now, you indicated that you moved to Dryden, New York 18 children -- 18 initially. Did your family move to another area in New York at 19 BY MR. WOLK: 19 a later time? 20 Q I'm going to stop you, Ben. I'm going to go back and 20 A Yes. 21 I'm going to ask you to repeat the answer. My question to you 21 Q And can you tell the jury where? 22 was: How did being the first of many siblings impact you 22 A We lived in the farm community of Dryden, New York on 23 growing up. 23 twenty-eight acres until I was between eighth grade and ninth 24 And if I do this, Ben, during the course of the trial, 24 grade, when the family moved to Clinton, New York. 25 that's just because we have lost connection to you. So, just 25 Q And you went to high school in Clinton, New York? 10 12 1 when I -- when I re-ask you a question, just do everybody a 1 A Yes. 2 favor and provide another answer. Is that okay? 2 Q Do you have any work you did in high school? 3 A It's okay. And I think I know when you lose 3 A Yes, I had kind of maybe typical jobs that high school 4 connection. Because instead of the feed from the courtroom, I 4 kids have. I worked nearby in a hardware store for some time. 5 get something else. But I will repeat the question. 5 And I stripped furniture for another guy. And I mowed lawns and 6 THE COURT: Counsel, maybe perhaps if he notices a 6 I did all that kind of stuff during high school. 7 change in the feed, he should stop talking. Then once we 7 Q Okay. And if we can put Ben back on the screen. So, 8 get the feed again, he can continue. 8 Ben, now you graduate high school and what do you do next? 9 MR. WOLK: Perfect. 9 A I went to college nearby, Utica College. I stayed home 10 BY MR. WOLK: 10 in Clinton. I hitch hiked back and forth to school. Yes, you 11 Q Did you hear that, Ben? 11 could do that in those days. And yeah, I went to college for a 12 A I heard that, yes. 12 while. 13 Q Great. 13 Q And what college was it and how did it go for you? 14 A Right now you are back, just this second. I see the 14 A It didn't go so well. I went to Utica College and I 15 courtroom now. So, I guess it's back to normal. 15 went for a full school year, freshman year, getting bad grades. 16 Q Okay. So, you're the first of twelve or thirteen. 16 And then in my sophomore year, first semester, I dropped out. 17 Please tell the jury how that impacted your life growing up. 17 Q And after you dropped out what was your next move? 18 A My mother had four boys first. Later on when there 18 A It was Vietnam time. There was no lottery. You're 19 were many children, there was enormous amount of help she needed 19 just gone if you weren't married or had some sort of deferment. 20 to maintain a household, which reached up to thirteen children. 20 So, the day my dad came home and I told him I dropped 21 I was fortunate enough to be the -- the boy who was first with 21 out of college, he looked down at his magazine. He looked up 22 no sisters following me. I only guess that had there been 22 after a bit and said I recommend you go into the Army or the Air 23 sisters, families would turn to sisters for things. But you 23 Force. He was thinking about the safety of his son going into 24 know what, I'm the one, and my next brother down, Gene, who 24 all the shooting of Vietnam. So, that's what I did. 25 changed the diapers and helped with every part we could in 25 Q And so, you enlisted in the Air Force? How long were 3 of 37 sheets Page 9 to 12 of 147 06/02/2022 10:01:54 AM FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 13 RECEIVED NYSCEF: 02/22/2024 15 1 you there for? 1 A Oh, yeah, that's where I met my wife Terri. It was 2 A I enlisted for four -- for one standard four-year term 2 September, I think, of '73. All of us kids were just back to 3 and spent that time in the Air Force. 3 school and we don't know anybody yet, so we're just trying to 4 Q And can you briefly just tell the jury about that 4 meet each other. Boys are trying to meet girls. The battle of 5 four-year stint initially in the Air Force? 5 the sexes was a -- really for anybody who's a tennis fan, was a 6 A Yes. I got picked, I was in electronics. They trained 6 -- was a hyped up match on TV between Billy Jean King and Bobby 7 me on a plane, but they took me off that plane and put me on a 7 Riggs. And she's a professional and he's a male. He claimed 8 very special plane. It was a classified plane, which was in 8 women can't beat men. And so, that's why it's called the battle 9 Thailand. So, my four years, to say briefly, was one year of 9 of the sexes. 10 training, a year to Thailand, a year back in the States back on 10 Q And -- 11 that first airplane and then my last year back in Thailand 11 A But for me, it was where I met Terri. We were in the 12 working on the AC 130 gunship. 12 student union and I was just turning around trying to flirt with 13 Q And we're going to speak a bit more about your 13 -- well, I remember there were two girls, but Terri was the one 14 relationship to Thailand. But can you just briefly tell the 14 who was responding to me. And that's what battle of the sexes 15 jury about the impression your experience during those four 15 is for us. 16 years in Asia impacted your life? 16 Q Now, after that -- 17 A Huge impact. I'm a nineteen year old from -- basically 17 MR. BODYZIAK: Oh, I think we lost him again. Hold 18 from farm country in Central New York. And I go to Asia. Well, 18 on. He's coming back. 19 it was -- it was a wonderful experience. I wasn't in danger 19 (Whereupon there was an interruption due to 20 because we were in Thailand. 20 technical difficulties.) 21 And I -- people do different things when they're 21 BY MR. WOLK: 22 overseas. Some find it very strange and they kind of stick to 22 Q Are you there, sir? 23 -- stick to home, being the base. I did full immersion to 23 A Yes. It's back. 24 Thailand. I learned to speak Thai, read Thai and spend as much 24 Q I just want to show what's been marked as V2 in 25 time as I could with people just learning and enjoying their 25 evidence to the jury. And when it's shared on your screen can 14 16 1 culture. And so, shorter answer, Thailand has a huge impact on 1 you please tell the jury what's depicted in that photo? 2 me and interest level for me for my whole life. 2 A That photo I made for Terri on our twenty-fifth 3 Q And I just want to clarify something for the record, 3 anniversary to commemorate our meeting that morning. 4 while you were enlisted for those four years, you were not in 4 Q And the photo below the happy twenty-fifth, Terri, is 5 Thailand for those full four years, correct? It was only a 5 that you and Terri in younger years? 6 period of that time? 6 A Yes. 7 A That's right. That's right. Two one-year periods in 7 Q So, at some point you made it official with Terri, 8 Thailand. 8 correct? 9 Q So, after your initial stint are you discharged, sir? 9 A Yes. We got married October 31st, '77. 10 A Yes. I got an honorable discharge in October of '72. 10 Q And do you see the photo that's being shared right now, 11 Q And what do you do next? 11 can you tell the jury what that is, V3? 12 A Well, I was always going to go to college. The only 12 A Our wedding. Yes, that's our wedding party. 13 thing is when -- in my start I just wasn't serious, I didn't 13 Q And what year did you get married? 14 apply myself. I played more pool than I did look at books. 14 A 1977. 15 So, during my Air Force time I took every opportunity 15 Q And where did you get married, sir? 16 to get some progress. And by the time I got out, I was only 16 A We got married on Long Island, where Terri is from. 17 two-and-a-half, approximately, semesters from a degree, a first 17 Q Now, how would you describe the nature of your 18 degree, you know, a four-year degree. So, I went to college is 18 relationship with Terri? 19 the shorter answer and to finish up college. 19 A Well, it's been a lot of years. But for the vast 20 Q And where did you go? What college? 20 number of those years we're partners. Of course we start with 21 A State University -- Buffalo, SUN -- State University of 21 the passion of young people, but Terri is my partner. 22 New York at Buffalo. 22 Q Sir, do you and Terri have any children? 23 Q And I want to draw your attention to something called 23 A Yes. We have three boys, Ben, David and Bob. 24 battle of the sexes. Can you tell the jury the significance of 24 Q And can you tell the jury their current ages and where 25 battle of the sexes at your time at the University at Buffalo? 25 they live? 06/02/2022 10:01:54 AM Page 13 to 16 of 147 4 of 37 sheets FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 17 RECEIVED NYSCEF: 02/22/2024 19 1 A Ben is forty-one, lives nearby here in the Seattle 1 anybody else in your life that is like a child to you? 2 area, works for Microsoft. David is thirty-nine, lives nearby, 2 A Well, yes. 3 he's a locksmith. And Bob, who's there today from DC, lives in 3 Q Can you please tell the jury about that? 4 Washington DC and he works for the state department, the United 4 A I mentioned the Thailand contact has been part of my 5 States State Department. 5 life. The -- another person who calls me dad, she calls me 6 Q And how would you describe the nature of your 6 Mister Ben and she calls Terri mom, is a Thai girl. Well, let's 7 relationship with your three sons? 7 say a Thai woman, she's twenty-nine now. And she lived with us 8 A Well, it's very good. There's no, like, estrangement 8 as a foreign exchange student in Clinton. And Sam has been a 9 or difficulty. Best I can say is I couldn't possibly be any 9 regular part of our life for -- ever since the days about twelve 10 more proud of them. They're -- they're not married, they're 10 years ago when she was in -- in our house. 11 very well employed and they're self sufficient. And I just 11 Q And when she was in your house approximately twelve 12 couldn't have asked for more responsible children. 12 years ago, what if anything did you and Terri try to do to make 13 Q Sir, there's a few photos that we're going to show 13 her stay unique? 14 right now and if you could just please describe them to me. It 14 A Well, we wanted to -- we had no children of our own in 15 should be V5, V6, V7 and V8 for the record. 15 the home who would be companions for activities. They were off 16 So, let's start with this one, sir. Can you tell the 16 to college by then. So, Sam is alone. And if she had people 17 jury what's being depicted in this photo? 17 ringing her up from the high school all the time for activities, 18 A Well, that's my family, younger. Looking at that 18 that would have been very nice, but she didn't. So, we took it 19 couch, that's got to be in Clinton, I think, the home that we 19 as our responsibility to help her, to take care of her, to make 20 lived -- our family lived in. Must have been visiting Clinton. 20 her stay good. And I specifically wanted to give her 21 Q And approximately the year? 21 experiences she would never get as a person from the hot tropics 22 A Well, Robert -- I'm going to wing it from this. Robert 22 of Thailand. 23 is, what, two? So, had to subtract thirty-seven from now -- or 23 So, I took her ice fishing. I took her to farm 24 no, thirty-two -- thirty years ago. It's thirty years ago, 24 auctions, because I like them. Riding a snowmobile. So, that 25 that's when that photo is. 25 was the goal, to try to help her have something to do and give 18 20 1 Q And let's just move on to the next photo, please. Can 1 her unique experiences for her life. 2 you tell the jury what's being depicted in this photo? 2 Q And I'm going to put up what's been marked in evidence 3 A I mean, myself and my two older sons. Again, if you 3 as V9. And if you can just tell the jury what is depicted in 4 want to know when, if Bob is -- if the middle -- if the younger 4 that photo. Right there. 5 one in the red shirt, David, is seven, then Bob is just born, 5 A There's Sam. By the way, her name is Sam, which means 6 about the best I can tell. I don't know the date of the 6 -- it's exactly the word for three, because she was a quintuplet 7 picture. 7 -- she was a quadruplet. She was a child, one of four. Anyway, 8 Q And we'll just move on to the next one. Where's that 8 the picture is actually later when she visited us here in 9 photo taken, sir? 9 Washington. And at it again, we took her skiing. So, we're 10 A One of my locations in the United States Air Force, 10 near here. And her friend Pan accompanied her. There's my 11 which you will get to later, this is Las Vegas, Nevada, where we 11 middle son. And a third picture shows Terri and me and Sam. 12 lived. 12 Q Now, I want to turn back towards your end of college. 13 Q And when's the last time you had the opportunity to see 13 You met Terri, what do you do after you graduate from college? 14 all three sons in person at the same time? 14 A Well, I went to law school. 15 A I have the hardest time remembering things right these 15 Q How did that come about, sir? 16 days. But it was -- what I think it was was the day that Ben 16 A It was accidental almost, if you can imagine that. One 17 and David, the ones who are local, were going to come over here. 17 day when I was in my senior year I was walking on campus on 18 It might have been their mom's birthday on April the 7th, 18 Saturday and I came across a building or room where they were 19 because it feels like it was about that long ago. But maybe if 19 giving the law school admission test. I had never had any goal 20 I can't say that exact, the doorbell rang, we open the door and 20 of going to law school. I rather thought being in my later 21 you know what? Bob surprised us by getting on a plane and 21 twenties it was time to get to it, get an occupation already. 22 coming out. Now, this could have been his mother's birthday or 22 But I -- I was -- I don't know power wise, I sat down and I took 23 holiday, I don't know what it was. But that was the last time 23 a vacant seat and I took the law school admission test, still 24 the five of us were together. 24 with not too much interest in it. 25 Q Now, you just spoke about your three sons. Is there 25 Well, I got a good score on it. And I went home a bit 5 of 37 sheets Page 17 to 20 of 147 06/02/2022 10:01:54 AM FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 21 RECEIVED NYSCEF: 02/22/2024 23 1 later and I said to my mother, like I -- sort of an offhand 1 this same time I had a couple of, quote, un -- sort of like jobs 2 thing, I could go to law school. Because I had -- by this time 2 you might call them, they were summertime internships relating 3 I was a good student and I had good -- good, you know, record 3 to law. So, they were not paid, but they were, you know, more 4 from my economics degree. And she got so excited. Within 4 sort of career value as opposed to just some bucks. And so, I 5 minutes she's talking to Aunt Pat and the -- sort of the 5 worked for the District Attorney. I interned for the District 6 enthusiasm of the family influenced me. I went to law school, 6 Attorney in Utica. And I also had a similar job for a judge in 7 that's how it -- that's how I did it, that's why I did it. I 7 a little town in upstate New York, Palmyra, I think it was 8 don't know if you hear me, the screen is still again. 8 Palmyra, where Mr. Kaufman was the town justice. So, that was 9 Q We can -- we can hear you, Ben. Okay. There you are. 9 more of what took up my summers during law school. 10 Now, did you go straight through law school or did you take a 10 Q Okay. And we're going to circle back later and 11 break? 11 concentrate on your time in Durez during '74 and '76. Right now 12 A Well, I -- I didn't go straight through. I took a 12 I want to briefly go over your time after law school. You go 13 break during law school. I want to tell you that for the first 13 into private practice, sir; is that correct? 14 time ever for me personally school was hard. Law school was 14 A Yes. I got a job right away with a little bitty firm, 15 hard. I had always had a pretty easy time with school. So, 15 Perez and Crowley. It was on Buffalo Avenue in Niagara Falls. 16 after some of it, like, again, what was it, two semesters, in my 16 The head guy, Lou Perez, could see the -- the top of the US 17 third semester I already had a failing grade and a D and -- and 17 falls right out of his office. I could, too, but I had to put 18 I just didn't have the enthusiasm to start with. So, I left. I 18 my face on the window because I didn't have the best office. 19 left law school in my third semester. 19 So, I worked for Perez and Crowley when I got out of law school. 20 Q And what did you do during that period away from law 20 Q And how did that go for you, sir? 21 school that influenced the rest of your life? What did you do, 21 A It really went okay. Lou Perez was -- I guess he's a 22 sir? 22 successful guy, more work than he could do. And he carved out 23 A Well, it was time to get a job. Finally, you know, 23 responsibilities for me, which was real estate closings and 24 late twenties, I worked as a bill collector in the Buffalo area. 24 bankruptcies. And that's what I did for -- for a while until I 25 Worst job I ever had. I didn't do it very long. The job was go 25 left Perez and Crowley. 22 24 1 to work and be mean. Go to work and scare people and -- on the 1 Q And can you tell the jury the circumstances of choosing 2 telephone. 2 to leave? 3 So, after a while of doing this, I just stood up -- a 3 A Well, yes. Meantime, Terri gets the degree, a 4 while meaning, I don't know, it might have been a month. I 4 four-year degree, ecology of water resources. It was a special 5 don't remember. But something like that. Walked over to the 5 degree, there was no such major, but she got a sponsor, a 6 boss and said I'm out of here. So, I left that job, went back 6 faculty sponsor and got a BS in ecology of water resources. So, 7 to law school. 7 she got a good job. She had -- I had the law job, making no 8 Q And did you graduate law school, sir? 8 money and she had -- the reason for that is I had a tiny salary. 9 A Yes, I did. 9 I mean, the way they figure it is you go find your own clients. 10 Q And became a member of the Bar? 10 So, that was my opportunity there. 11 A Yes. 11 Terri had a good job, a nice car. And to my surprise 12 Q Now, I want to go over your work experiences. Let's 12 one day she brought me materials for being a lawyer in the Air 13 start with your time leading up to law school and during law 13 Force, pamphlets she had gotten. And it went from there. 14 school. Did you have any employment during that time? 14 Q And at that point did you join the Air Force for a 15 A By virtue of the GI bill I was being assisted with 15 second stint? 16 college after, you know, getting out of the Air Force time. And 16 A I was, I have to tell you, thrilled because I did not 17 I did not have to be employed during the school year. A great 17 expect my -- Terri to ever do that. She -- Vietnam era, 18 advantage to be a student who doesn't have to hold down -- put 18 remember some of the feelings of high school people during that 19 those other hours in. But every summer I would use it to my 19 era. But she did. And in as little time as possible, really, I 20 best advantage to make some money to, you know, go to college. 20 was on my way back into the Air Force -- 21 So, I had a job -- summer jobs. 21 Q And -- 22 Q And can you briefly tell the jury some of those summer 22 A -- to be a lawyer -- to be a lawyer in the Air Force. 23 jobs? 23 Q And what -- what's that area of the Air Force called, 24 A Yes. Well, the main ones were two summers that I 24 the lawyers in the Air Force? 25 worked for the chemical plant when I -- 1974 and 1976. During 25 A Just like those Navy JAGs on the TV, JAGs, we'll call 06/02/2022 10:01:54 AM Page 21 to 24 of 147 6 of 37 sheets FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 7 25 RECEIVED NYSCEF: 02/22/2024 27 1 it JAGs. 1 it or not, we got an assignment where our family is. And then 2 Q And can you tell the jury what your starting rank was? 2 Las Vegas and ended in Los Angeles. There's a couple more, but 3 Actually, withdrawn. How long were you a member of JAG with the 3 they're just not as sort of glamorous as the ones I mentioned. 4 Air Force? 4 Q I'm going to show you on the screen what's been marked 5 A Fourteen more years until I retired. 5 in evidence as V10. Can you just tell the jury what's depicted 6 Q And can you tell the jury your rank when you went in 6 in this photo, where you are? 7 and then when you retired? 7 A It's showing here