Motion-Secondary: JOYCE JUELCH, ET AL VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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28

MCKENNA LONG &
ALDRIDGE LLP
ATTORNEYS AT LAW
SAN FRANCISCO

LISA L. OBERG (BAR NO. 120139)
DANIEL B. HOYE (BAR NO. 139683)
ALECIA E. COTTON (BAR NO. 252777)
MCKENNA LONG & ALDRIDGE LLP
101 California Street

41st Floor

San Francisco, CA 94111

Telephone: (415) 267-4000

Facsimile: (415) 267-4198

Attomeys for Defendant

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

APR 13 2010

Clerk of the Court
BY: CHRISTLE ARRIOLA
Deputy Clerk

METALCLAD INSULATION CORPORATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

JOYCE JUELCH and
NORMAN JUELCII, SR.,

Plaintiffs,
ve

ASBESTOS DEFENDANTS, (BP), e¢ al.,

Defendants.

Case No. CGC-09-275212

DECLARATION OF ALECIA E. CoTTon IN
Suprort Or DEFENDANT’S MOTION IN
LIMINE To EXCLUDE THE TESTIMONY OF,
VIDEOTAPES PRODUCED By, AND
EXPERIMENTS CONDUCTED By PLAINTIFFS’
EXPERTS, WILLIAM LONGO, RICHARD
HATFIELD AND JOHN TEMPLIN [MEL 29]

TRIAL DATE: APRIL 5, 2010
DEPT.: 604
JupGe: HONORABLE MARLA J. MILLER

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF DEFENDANT S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF, VIDEQTAPES
PRODUCED BY, AND EXPERIMENTS CONDUCTED BY PLAINTIFFS’ EXPERTS, WILLIAM LONGO, RICHARD HATFIELD AND JOHN TEMPLIN

SF:27418578.1

[MIL 29}28

MCKENNA LONG &
AvoRrtoCe LLP
ATTORNEYS AT Law
SAN FRANCISCO

I, Avecia E. CoTTon, declare as follows:

1. Tam employed with the law firm of McKenna Long & Aldridge LLP, counsel of
record for Defendant Metalclad Insulation Corporation (“Metalclad” or “Defendant”) in the
above-captioned action. I am a member in good standing of the State Bar of California. I have
personal knowledge of the facts set forth in this declaration and, if called as a witness, could and
would competently testify to such facts under oath.

2. Attached hereto as Exhibit “A” is a true and correct copy of the Trial Court Order,
In Re Lamar County Asbestos Litigation Cases Filed. or To Be Filed, By Waters & Kraus in
Lamar County, Texas, Sixth District Court for Lamar County Texas.

3. Attached hereto as Exhibit “B” is a true and correct copy of the January 25, 2006
Hatfield testimony in Dexter v. Triangle Insul. Co., et al, C.A. No. 02-Cl-00310 (Marshall
County, Ky. Cir. Ct.).

4. Attached hereto as Exhibit “C” are true and correct copies of the relevant portions
of the Reporter’s Transcript, Hansen v. Raybestos-Manhattan, Inc. , San Francisco Superior Court
Case No. 321639, December 12, 2001.

3. Attached hereto as Exhibit “D” is a true and correct copy of the Trial Rulings,
Trinchese v. Raybestos-Manhaittan, Inc., San Francisco Court Case No. 400787.

6. Attached hereto as Exhibit “E” is a true and correct copy of the relevant portions
of the Reporter’s Transcript, Berning v. A.P. Green, SFSC, Case No. 3 19733, January 8, 2002.

7. Attached hereto as Exhibit “F” is a true and correct copy of Ball v. Consolidated
Rail Corp. (Ohio Ct. App. 2001) 142 Ohio App. 3d 748.

8. Attached hereto as Exhibit “G” is a true and correct copy of the Trial Ruling in,
Tyre v. CSX Transportation, Inc., Case No. 16-2002-CA-4837 (Duval County, Fla., Sept. 22,
2003).

9. Attached hereto as Exhibit “H” is a true and correct copy of the relevant portions
of the Reporter’s Transcript in, Grego v. Trailmobile Trailers, et al, Case No. 996240 (Super.
Court, San Francisco County, Cal., Feb, 10, 2000).

-2-

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF, VIBEOTABES
PRODUCED BY, AND EXPERIMENTS CONDUCTED BY PLAINTIFFS’ EXPERTS, WILLIAM LONGO, RICHARD HATFIELD AND JOHN TEMPLIN
[Mi 29}

SP.27418578.1SOD W&M B&B WwW

28

MCKENNA LONG &
ALDRIOGE LLP
ATYORNEYS AT LAW
SAN FRANCISCO

10. Attached hereto as Exhibit “I” is a true and correct copy of the relevant portions of
the Reporter’s Transcript in, Campbell v. Abney Mills, Case No. 00-2-11084 (Super. Ct., King
County, Wash., Oct. 9, 2002),

ll, Attached hereto as Exhibit “J” is a true and correct copy of the relevant portions of
the Reporter’s Transcript in, Lewis v. John Crane, Case No. 306774 (Super. Ct., San Francisco,
Cal., Apr. 3, 2000).

12. Attached hereto as Exhibit “K” is a true and correct copy of the relevant portions
of the Reporter's Transcript in, Brown v. AC and S, Inc., Case No. 120595100 (Sup. Ct., New
York County, Nov. 27, 2001).

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed on this 4 day of April 2010, at San Francisco, California.

We S Alen

ALECIA E, COTTON

-3-

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF DEFENDANTS MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF, VIDED TABES
PRODUCED BY, AND EXPERIMENTS CONDUCTED BY PLAINTIFFS’ EXPERTS, WILLIAM LONGO. RICHARD HATFIELD AND JOHN TEMPLIN
(MIL 29]

SF:27418578.1Exhibit A3 %

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OR TO BE FLED By WATERS A KRAUS HY
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1, A. Som wot herve 10 be walned in bohcase  Svavars the reliebtiny of nye
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fT 1E 2001 64528 FAL 2ty 99 sTaT —Etas

LAMAN COUNTY ASBESTOS LoaTION Curette,

asad ors

a Thats Of tact aad sorcncione fen pen alk parties attbered by ete
whem, omoerning Uae about what ‘tenified, whe eeraping at ef
reel chee Wadd cae noe on caving Karte products ent
& wei So heater cine ner ctealon oe,
Ths Mation ‘aslock, ine. apres the tastieey| ‘Wition Longe Richard etiabd by
Peet cnaranee areata ae ann es
anal

?
STeHA/E0eS WED unset (rox ‘MO Teas) BoogExhibit B |Pago
1 Commonwealth of Kentucky +
2 Mazshall Circuit court
Bo wwnee eee wt rr eee ee x
4 Ava Nell Dexter, :

individually, and James M. :

§ Dexter, Executor of the :
Eatate of James a. Dexter :

€ + NO. 02-CI-00310

7 Vv. z

8 r

3 Triangle Insulation and :

Sheetmetal Co., et al :
a1 January 25, 2006

13 Before: Hon. Paul w. Rosenblum

14 .
25 Transeript of jury trial on the above date.

(B01) 593-0671 Pax - (201) 593-8353
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Peet Yaawe
1 * Appearmnces 1 MR. SHELTON: Plaintiffs call Richard
2 Joseph D, Satteriey, Bog, 2 Hiatiicld to the stand, sour Honor.
3 1. Robert Shelton, Haq. 3
4 Tilia 4
; Sha a
6 Louisville, KY 40202 6
2 for the Plaintiff 7 ‘was called for examination by counsel tnd,
a sficr having boea duly sworn, wes cxamsined
> David C. Marshall, Req. - 9 mad testified as follows:
16 Eric A. Ludwig, Bog. 30 Danger.
1) Hawkins sud Parel! di BY Me SeELTON
12 303 Peachires Bt, NB Bw @ ‘Would you state your name for the record
13 Afinta, GA 30308 13° please, ak?
14 for the Defendant CertainTeed i AL You, Richasd Hetficis.
is ws Q ‘Whewe do you lave, six?
16 Jobn KE. Gordinies, Bog. 16 A. Tiivein the suburbs of
17 Peiley, Zils 17 Would yoo tl the jury what you do for a
18 4623, Fouth Ave. 18 living?
19 Louisville, KY 40202 BoA J worl Sor # company by the name of
20 for Garlock " [2 Material Analytical Services, ‘We shorten it to
2 21 Mag. The company pecioems a mtuber of analytical
@ . Pend Tegs
t INDEX OF EXAMINATIONS 1 setvites for a variety of cliente,
2 WIINESS PAGE 2 ‘They sage from working wits manufactures
3 3 Of chips libs compoter chips Ghat Tate! snd otbere
4 Richard Hatfield 4 mannthotane, we do other exvinonmental’ or
3 5 ‘@ceirrs and we alec dos
§ Direct Examination By Mr. Shelton 4 6 ‘Sir amount of wock dealing with asbestis-eclssed
7 ?
8 — Cwoss- Examination By Mz. Gondinies 1] & Q Jost 90 the jury nome & Fittke Dit more
9 > sbout you personally, where are you originally from?
10 Cross-Exeminstion By Mr. Marshall ww oA Tos crigioalty from right ouside of
u WV ‘Washingooa, D.C. ig McLean, Virginia ie whore Iweg
42 Redirect Examination By Mr. Shelton 198 a saleod wad then I moved down to Noxth Careling to gs
3 to colfege,
“4 15 Q. What college did you go 107
is 350A Next Carolina State Uh
16

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‘have that Garlock ever texted those geskets, thie
‘Slanges on. tae own to sce if they could replica
your study results? .

A Weil

Q De you imow if Gariook over undertook such

a stady?

Sem vauaune

Q, What is tha? er

A. He gathered them up sctaally: ‘eoveral
gutet mecantsorneers, Gaztock inctuted, Ho had
tested some and then be had reteined the vast “

sanjority of them, is
J dhivk there was ~ if it servea me 16

aS

Qa ‘Si, you've been cross-exmmined by 2

Gatlock’s atinmeys about bow meaty times now?

Hees Tia 1 Richa able ete ————— 9a — ™ Denterv, Trisagls
. Pepe Peer 76

} A ‘Yea, samme methodology, seve teciaiques, 2 A. Toouldatt tell you.

2 a What were geakat studies cmabers 1, 2 and 2 @ Whea, if eves, did thay advise you of my

33 3 ‘Yas they've dome on the seme types of

4 A ‘Thay wero basically sabject of the eaciier 4 ‘flanges that you did studies on?

3 stticls, ths peer reviewed article, 5 A. Pronever seen muy,

6 Q ‘Where did you get the flanges with the 6 Q Traut to ask you a couple of questions

? ‘gaskew stork on thems t0 mee in the stndy? 7 bot wint we're about to shove the jay.

t A En this gacket fone stady? & ‘Wee shout to show the jury «

9 Q You, si, ° ‘You are familiar with the videotape af the Garlock

y OA Twas msde aware through 2 coal league of 10 gaskets: Sinded, is thst correct?

Hu 8 gentleman who had 2 whois bunch of thes Nn aa Wait a mizite,

mR ‘He kad indiosted — 1 contacted him. Helnd gz MR. SHELTON: Let ros rephrase, Ti

B incicated to tan that he collected those on behalf off Bb withdraw the question. ~

4 ‘Gadlock to perhaps be used in scm work. 14 BY MR SHELTON:

wu A number of yes prior ta that — bo. 1s Qa ‘The video that you trought along « you

16 thooe for 2 gunber of years and the latest word from 16 bronght wong a videotape of rome gasicety being

7 ‘bien was that Gattock did't want to pay for thera 17 guowsd, is that coroct?

ag being stored any more and be wanted to sell then to B A. That's correct,

19 9 Q ‘And you don't know whether they ace

2 Q. What year was that? 20 | Garlock gaskets or aot, do you?

22 A. That was in 2000, 2 A ‘That's right, € doa't know whether they
@ Paws nen

Qa To what, ifany, knowledge, siz, do you sisohately are manafactwred by Gecdock,

Coming aoross and you see the dust flosting around
in the ais that you woulda't have normally seen in
Hghiing Wve this or what we refer io as amisient

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‘warw DOCowtReporters.comanette -TelalRioherd Fetter mania Jam. 25, 2006 Doxtee ¥, Triangle
> : rent tage

1 off the thy particles which sow you to I them, hand wire benshing, ‘and eventnatly electric

2 soe those particles schich you wowldutt nommaliy sen, 2 wise trashing.

3 a ‘This tindel Lighting, is it something taet 3 These are fiages that hove not beds

4 your lab: 4 befbre. Tess are pant of the ones that we cbtainad

3 A. “No, This phooomanon was fics discovered. 3 fom Mr. Gay of Dy. Gay,

6 by Sir Joba Tinded back in the 1800s, 6 Q lethero any stad on this? .

7 2 ‘To what extent is it some sleight of hind 7 A No, ‘Bedore it was the overhead lights and

a the emeont of dust im the tix? 8 ‘Dow you can vee the spotlights have been tamed ou

oA ‘You would go agsinat the fave of ybysice 3 and yor begin to see the dust thats in the er in

10 Hyon could do that, 3 is si i eo ae,

1 ‘partiodes that ara in tho sip that you doo’ Hh Q Youve gives « peor estimate of a

n nonumy see with your semoal Fighting aod your 2 ‘pial gasket soch a this, asbestos gaskets,

43 noemal vision: 3 nA Aad Ope hy 1

“4 Qa Peckape 4 pipefister may not 200 when hey i A. Asvand 70 perceat when: are new,

15 grinding a; 15 think whee we tested thoso we estimated

1 AL “Thatexight, ‘You may sce seme but you 16 pemosaitage to be snore itive 85 bocanse 2 lot of these

27 may not see the £0 extere, 17 otker mentertaty is

13 2 Sis, youve seen this video before, This i Q Six, what would yoo estimate if you have

19 was prepared ‘fxn? is & chinicn 29 fo tie desi thet you ace in the air,

2 A: Yeu, ai, xa ‘What perventtage of that would be asbestos drug?

21 Q. Dated May 24, 2001, ‘Peaiizaion to show it 2h A ‘You are distabing rasteriale tat contain
toe ‘Page st

2 te the jary, your Hover, 1 about 85. Conthinky ons would

2 iE yocoldt Tyat atk yoo some 2 soticipnte that the cst elf would react what's

3 questions, Permission dir the witnees to approach 3 being

4 the jary, your Honor. 4 Q. And theeetore?

5 THE COURT: Yea, sir, SOA And therefoee 85 pervent of 60, you know,

Pe tameemmetti tiie | $$ Rneunerian

7 ‘You've expiained this video A. The scraping

a pete nents § Bets wire brushing the material that woot came off

2 4s ib Sn ten nae

10. Th yon woud just desccibe to the jury How many is etady, gastee

nN ‘what Gacy ere seeing as we wo uloug, please, and if Lu ody. bow many did yor go through, do

12 woulda't znind -. thant you, sir, you know?

3 ~ What you are going to see first ix an. 3 A. Lwebt to say fixe. Could have been five,

4 inktiel shot of the zoom where tha work takes plane Pega

15 with he spottighn. is @ Of ‘foo or five, do you recall how

16 ‘Tindel lighting is just caned by

28 Pages 78 ty 21)

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wwe DOConstReporter.comQ. All you know is you got this flange from

Qo oe Ten, 25, 2006 Denter y. Triengio
: Page bd Page 166
2 “Yon don't know whut presewes that gaecet I AL Tiknow dat,

z 4 ‘And you lanes, F eeanane that he had worked
A, There tus, 3 With aod excel various types of i
2 You doo't now what teasperstures that 4 matectals?
‘Srtket had been subjected to? SoA Em awe there was vations manteriais,
A. That's tres, 6 2g “You ew bo bed worked arom pipe
7 '
8
9

Hawaii. Ithad been: ~ ithad been outside A “Yes, I anticipate thet on tho location
focsome period of tne, had it 100? ‘would be pipe covering.
A As Trecall, it came ftom ¢ sermp yard, 30 Q. Thema! inculstion?
a 8 TED Yard, So you conducted one n A, Yes, ay. -
of sour testa and you tock — used a gasket yoo R Qa ‘And you bave dous testing on thermal
need 8 gaticet reancyval process similar that youve B inwalation peodacts down at your isboextny in
4 already described to us? 4 Atlanta?
Is A. Thats correct. - i A: Yes, six,
1g a A pipeditier dia not aueiet io that, did 6 Q ‘You have tested | believe ths Owens
17 be? iT Coming Fiberglass prodvet named Kayo?
18 A ix, ig AL Yos, sir,
ig a Jest you aad Me, Loago? 1» a That wee going to hear about or have
2 AL That's correct. ~ beard about already hese.
ai a I dotit believe you have ever yourself 2 And you nade s vidloo connected with thar?
Pope iss
1 inverted » gasket into a flange, FAL Vos, cutting of that, yee, cir
2 As Not like a commercial pi 20, sir. 2 You put your date into « report?
3 Qa You've never remaved a gesket, heve you? 3 A. Yea, sir.
4 A Not from that kind of syrteas, a0, Foe 4 @ ‘And you loiow that Mr. Dexter worked aronad
$ yemoved emailer gasicets fron metomobiles of lawn 5 hat types of product?
S mowers, something Hes thet. 6 AL Uinove it was present om site,
7 Qa Xou'vo usvee born in s lange refinery ar 7 a ‘You di not bring it hee with yoo today,
& steel wail, an incinetriad site aad pertioipated ix & did yoo?
9 removing a guslet for — 9 AL [did noe,
1 A. Ihave nce, wo @ To share the resuks with this jury?
n 2 But you and Mr. Longo did this text by z A Tminot sere bow applicable it would be,
12 ‘Yourselves io your isolation booth with no I Q “Yon did some testing on & product made by
13 pipeGitier around Bact you? B fon called
i A Thatrsighe, Woe in work the i ane Sopenton Univ
15 ‘way we tmdecstood it was % bo. scraped offand | 15 A Yea, air,
16 wire brashed, 6 @ You did 5 video with that?
Ww @ Let me snqve on t saather subject ow if 17 A. ¥en, six,
18 may. Did you lcvow that Mr. — I assume you knew 18 Q That is « product that you would expect a
wy Mr. Denter wes a pipefitter. bp Pipefitter to work with and sround?
2 A Yeu, sit, a» a ‘That is « mther speciatized insalasion

2b

sr takes spectatioed uses and ¥ deatt know wha

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8

PSSSRRRRUSSSoeuannwcn

. Palas
‘this sitastion would call fox,

Q Did you seek to learn?

AL Theve no awareness of the novd for thet,
Rrovuld have boas and & may not have been.

Q. bnany evens, yore didutt being it with
you?

A. Twonkint bing things that I wasnt
certata were. te

Did you do aay testing on
Paha cay

Carey’

A. Yes, thats one we've tested,

Q. Didyou s video with i?

AL You, sie.

Q. And you were aware that Mir. Dexter worked
‘with and around Carey Tesmp?

A Mant ware of dat.

Q. Did you inquire?

A. No. The infonxstion U had, I fica kneny
‘het bo was around that, if hs was.

Q many overt, and! dont want t beat 2

BRE Seomuauauuen

=

Q Revo?

‘A. Gravoowne the one that we need fs
Comments, yea, sir.

Q Pipotitiers waced around, with und around

invalating cements, dice’ they?

A Well, invaizting cemenm, certainly used
eit With theta! insolation, no question aboat *

You tested that Sor fiber release?

A Yes, when it was poured out of the beg.

Q. Did evideo?

AL Yeu, sir,

Q Didnt being the reeutts with you, did
yu? .

in the repecking of ene of the pecking seadiea, f
think it waa Come packing that we used.
1 meas, it was Crave on sume end I think

OO RD

10

Pager

dead borse, yoo didn't bring it with you, did you?
A. _ No, sit, because I didn't imow it would be
applicable.

Q@ You knew it was the type of material that
8 pipefitter would work srownd over 1.40 year
period?

A. itis ove of the thennal insulations Ghat
used,

“oO ‘You didsit boing that with you?
A. No, eit.

801) 393.0871

Page 149

Gastock in the other,
Q You ested Plexitalte gatkets, haven't
you

AL Yes, at.

Q Dida video?

A Yea

Q You knew that Mr. Dexter being a
Pipodiiter would have probably wotked arouod
Plexitallic gaskees?

A. Tconldstt specutate that be probably
would. He may have, of course he may have, tut |
don't iow ther. .

Q Dide't bring the inthemstion, did you?

A. Didn't bring it because I dida't know it
‘was applicable,

a ‘You tested Keiser Gypaum, didu't you,
joiut compounds?

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} Richard Hatfield textinnny Jan. 25, 1906 Dexme v. Trianigis
. tes Page 152
3 A Rab 1 A [ swonld ask Yoo did your perso file the
Q Tested 2 Cartyle taken, ‘is normal practice.
30k 1G Peaney' foe commends, yx 3 Otherwise: Socal te anal Po
4 Q Bomtex? ‘ Q Let roe ask you this. ‘You've dane testing
5 A ‘Yee Bondex joint compounds, Soom: whests, haven't you?
6 Q Did videos? 6 A You, si.
7 A We always do videos when we do a stady 7 2
8 like this 8 A Yes, we did if at theirrequest
9 Q Dido! aay with you? > Qe Wiat sbout pmuning materials, ezray oa?

A We've dons same gunaing materials, yes,
Q. Monsso?

A. Thats comect,
Q You tested several WR. Grace Compeny

3

Is call Mr. Hatfinld, ie that sight, and axy Pe got a
wm case agninst Cartyle, 30 you have 2 video and some 20

® ‘Cvemite Court Reposting Sesvice (381) 593-0671

18 indastrial facdiities? Bb Peodaots, heveatt you?
19 A What we work with a automobiles, |e A Yee, six,
20 Q Trucks? » Q ‘And you've done video on cack one of them’?
aL A We've done a little work with tracks. 21 A ‘On work practice stadics, of coms.

Page t58 Page ist
1 Qa Asbestos-comtaining brakea, is that right? 1 Q. Dido tei ‘that, did you?
2 A Yes sz. 2 A Dade se ye oe
3 Q. You've done yous tear? 3 Q. Just checking. ‘What ebout reffactory
& A ‘We've done various teste related 40 what 4 producn? ‘Thase’s going to be testimony that
5 mactumica do with the friction materials, s Mé. Dexter worked sronad considerable refractory
6 a Bendix, one of the mann factarers? 6 products?
7 A Bouddix has besa one of the mannfectarers, 2 A. Pro not aware of that
& yes sir, g Q Have you dane sny testing there at your
3 Q. Did tests on it? ¥ on refisctory’
10 AL Yew sin. 10 AL Sonne, yes.
Hu 2 ‘What about Wearever? iH a ‘Word yors tell me tho prochacts that you
12 A. Wemever, yes, ir, 12 tested?
13 Q Carlyle? Bb A Sticktite and Super Sécktite, Nareo Gun
14 A. Carlyle, yes, sir, 14 and Ano Gm,
Bw Q@ ‘You got thet iu your Whrary, don't you? 15 Q. Whatabout AP Greea? Any work on
16 A There iz same work thet we did some filing 16 AP. Green bricks?
17 on Cattyis, yes, sir, i A Actually, ftom my expecieace, bricks dan’
12 Q ‘fT had acase aguinat Carlyle Lola 18 contain say asbestos,

Q Eiave you dove any work oa Transit siding?
A. Yes, we've done some work an Transits

21 testimony with you? 21 board itsctf,: Page i546 Page 156

1 Q Jn your work on the Teansite board, did 1 Q Let ne ask you this, if E asay. ‘Your

2 you de 2 bulk anaiysiz? 2 studies, anxi how saay would you sey you have down

3 A. Tio sere-we did, 3 thace in your litewy?

4 Qa ‘Would yon tell tee jury what type of 4 A. Thonestty dont iow,

5 sshostes Sber 4s contained in Teaaaite shllog? $ Q. Would % be more than 507

6 A. Ee dopends on ths shcer itself. It com be 6 AL Yes, aie, Theeve tt would be.

7 nothing bet Chrysotile, # could bea tend of 7 & More than s bonded?

& Chrysotile and cropidalite. 8 AL Thawentt comted, Beould possibly be

9 2 And crceidotite, is that right? 3 (but I doc know off tho top of may bead,

1 A. Occasionally it will also bea tend of be Q Different products madie by different

LL Cliypotile and Amosito, 11 compmates, fs that right?

12 Q Now, letme ask you this, ‘Have you ever 12 A. Ditireee products. Socuctiones the same

3 done sry sousalting or stadios for the United States B Deodiacts, just difitrent types of activities reizted

14 goveamment or suy agents thereof? 14 tw those

1s A Depends on what you raema by stadies, bt 1s a ‘You we in the business of provitting

16 ‘wore working corently in conjunction with EPA on 16 testimony aod video and test resuits to members of

7 thelr study work related to Libby, Montane, the iv the plaintiffs bar invetved in aubestos Gtigation, -

we veunicuiite cunteninstion. I would exy thats 18 fro you not? Thats how you make your money?

19° cevtainly a stady. So Aw Ono of the things thet F do is pexfonn

mw 2 Hiave yoo over dane any air monitoring for 2 Stadiea af request, and moot of theen have certainly

2 ‘tho govesument or any agency? 22 bees plaintiff comnset, We also conduct studies ont
@ Page tS Page 137

1 _A._Webe doing the snalysia on what I fast 1 coroom

2 Spoke about, collecting it for ~ cartainly we've 2 We do provide. Saviccs to vasions

3 done wot for sists agencies of school dinwicts or 3 counsel, mainly plaintiff's counsel Ine defense

4 things like he, 4 Srme or previous matatecturers of ssbestos and

3 lage ey tied 5 thets the way Ido make per of ry money,

& youre talking shout, We've done it — dome 6 Tspeod probably 0 pavent of my tine doing

7 ‘work with the federal GRA, yoo kaow, the federal 7 that,

8 govermmeat scrvines adosinfstiation, door xix 3 a About 50 peaveut of your tine mstifying

9 sempling for them, 9 in situations mch ne Gia?

10 @ ‘Baave you ever boon contncted hry a division 1e A. Wella, ‘There's ¢ lot more to tie.

11 of fhe United States govecament, one of the M50 percent of the ties, There's review of

2 ‘sgoactes, #0 come in and do seme sir moaitoting 1 R documes, ther’s providing deposisane, consnlding

13. report on Sbex sclesse or fiher conat? B wits people on the phoas, maybe doing arulytical

14 AL Yes, sic, we did that for GSA, as Iintd wok,

13) you. is I dontt spond 50 porvent of my time in the

16 Q. Anybody ciao? 16

Ww A. Woll, you say brondly, Like Tad, wo WT Qa J imcant SO peroast of your time is

1g worked with schoo! disniots, Im uying to think 1g concexned ‘with asbestos Ktigetion?

19 what statce we've dane work with, Wenmy bave done | 19 A. ‘That is « fair statement

® ‘work, oaybe-not involved air monitoring but involved 2 2 Tins lawyex, The ‘might question

21 other kinds of testing. 2k ‘tut Sons time to tiene, but Toa « bower

G01) 93-0671

40 Pages 154m 157)
Fax - (301) 593-8353
-DOCourtRapertsacces@ Overnite Coun Repocting Service

 —<——ccc1C cee Ratcnsemnaneesenaraenie

‘Washington, DC Metro Area

SW aaa Jan. 25, 2008 Deater v, Triangie
. Page Pres tee
1 if lweee to have 2 cast, an asbestos claim 1 and be did ose teat word.
2 that somebody gave to ms and they said they were 2  Jrnk science?
3 exposed to Garlock gaskets o¢ pipe covering or 3 A Iknow of 0 other judge that has reviewed
4 ‘product, ¢ cement, beakes, ono of these 4 this work and theee's been many, many, many
3 100 a 90 things you got in your Hbwary and ond. 5. SHAN, IOALY, many ~
6 sayy, Mr. Hacficld, Tneed your wet remit and I 6 Q What about the —
7 deed your teatimony and] nocd a video, 7 MR. SHELTON: Your Honor, msy the
8 ‘You would provide that forme, would you § witness finish his answer?
9 not sir, st a price? $ MR. 3 Fm sony, Pa
we A Jf we had conaulted together and Thad 10 unions to sit down, Mr. Hatfield.
a corre 705, tose Kinds of teats wali be WU A, Thee's fine, oe ae eat
12 applicable to your: expomures then certainly | jz there's been thts one uousual
a believe wa would work together. 13 BY MR. GORDINE:R:
te @g All of thes insty have been put together, 4 Qa ‘What about the judge in Florida in the CSX.
i performed and put beck in te brary in Is ease, didu't be teras it jonk science?
16 soticipation of Senure litigation, iat that right? 1% A Nae, ‘He decided thet the tox — iy
it A [don't wecessarily call our filing systeat W is nuind he didn't think they were relevant wo the
38 in anticipation of litigation, ‘Cesteinly we do put 18 Plaintiff's exposure in the case,
19 them back on the shalt Dp MR. GORDINIER: That's all have,
2k need, wach as Mr. Sxtteciey calls you, yoo pall the 210 A. You are welcome,
Page 1 Pan 161
I Frodoct off the sheif and you say when do you ned L (Side Bar Conferences)
2 sms and you bring the video and we're off and, 2 EXAMINATION:
3 supning, is that right? 3 BYMR MARSHALE:
4 A ‘Well, we mske appointments and put it on 4 Q Mr. Hatfietd, ite 5:18 and have the
5 the calendar and proceed es necesnary, 5 euvisble position of cross-examining you when tha
‘6 Q Mr. Hatfield, Pm going to let you go, 6 Jany was here wt 8:30 this morning, Posse bear
7 tara yon over to tha tender ministrati, of 7? withme. Til ty to move through it as quickly as
& Mz Manhall But Fvs got one last question for & Yoan.
9 you o Tuaderstand you heve 4 contlict in the
10 tis too, ia it nor, thet your testing 10 moming?
Hw revults Lave been excinded froma certain cows in Tr .
R the United States sud termed jumk science, Now, W
13 ‘that’s correct, ian't i? 3
14 A ‘Thore was im ane instance a judge in “
15 Temas,
16 Q. Besament, Texas?
17 A. No, sir, it was not Beaumont, but
18 nevertheless ~ tm
19 Q Nevertheless, im sorry.
0 A ‘Yes, [believe be did get quite contixed
21 ‘with the issnes based on the orders that he ixued

‘41 Pages 158 to 164}
Fax - (202) 593-8353
www DOCourtReporiecs.comn,%

%

@ Vexy Tidal / Richa atoll metinony fn 28,2006 Dexter y, Tangle
. Payee Page 136
mae tt Stew yon fet Te bck of ice
tn ri te te sn ppt You ste TPA eee of peat you

AL St inch:
Six inches. This look like about a six
inch pipe?

OO en

2

AL Isce6, 4, 3. Idov't know whether
there's any more in there,

2 Just 20 we have an idles, this looks like
about a three inch pips?

A. Twwould suspect Ht is,

Q Tha looks like about a four inch?

A. I think they are uenally mariced on the

BURGEGHE See wausuen

RBs

Contninty one,
do, "Mt ose a at ops at youve

A, L think you're correct. Secondary
= Pips, yes, I would reoognizs

Q, The way this pencens worka ie if Tin a

A. Somewhers ix Troe.

Q Texas case, clay. So the lawyer from
‘Tess calle you and says well, Pve got a case
involving,

Page 275,

Q, ‘You dido't do any seating on those types
of pipes. ‘Yon did the six inch pi
A
Q

Present in the city of Gibertevilie bark in 1954,
aT

A. No, fwoulda't do tiat,
. Q Centataly you acknowledge thet there
‘waselt any tindel thoster lighting in the city of
‘Gilbertsville back in 1964, wea there?

A. Depends on what spoilights were on at
‘night aod a0 firth,

“You could certainly got the tinded Hight
‘sHikct from something a simple as a strect light,

Sewuanawwe

a jury
21 not going to show these, but what Lhtve —- Pim

WOOL A LE Bg ee

GO1) 993-0671

Page 77
com in frou of the jy mad play the video, Se

A. Thats usvully parry of the things we do
to show the jary what was going on,

a Now, as fi as you now, wers yon listed
Fa tinews tall oF the cason fled by thls tew

A. Thave no idea,

Q._Did you give them pennission to list you
ia all their ceseg?

A. No,

Q The way it works, T understand you told us
Yu ger a ealney but basically your value w the.
Spopeny ia going wound giving testimony, right?

A Somme of my vaine fir the company,
containty.

Q Ao chr bye rt a
money goes in and you've doing this since the
Inte eéghties, right?

AL Right Tdon' think it's different than,
smybody clee inching yourself who charges by the

43 Pages 174 wo 177)

Fax - G01} 993-4353
008wy 5 ners Sam. 25, 2005 Dexter v. Triangle
. ren Pree 100

1 hoor. Lt 3009 40 the company. You got a oA Tru fieniling with alt that you
2 Q Would you say aines yua've boea doing tle 2 Ewan to talk bei ‘about, cince this
3 sine what, che lay aving ot and 3 ihe movie Back to the Futore, about
4 testifying for plains 4 of asbestos, and the jury bes seen
3 A ‘Well, 1 imve been involved with $ tar Sl hope we don't nocd to got laay ap poe
6 ‘Hitigetion since the 6 $ wwiltion particles and 30
7 @ So it's fir t cay if we did the rom on 7 ce Pee CC in the inerea of tne bat would sot
a how mich yon bing into your company each yea, & (ook st this wna toll me if this genernily
> Centainly it would be imo top. ‘of dollars? 9 ‘tacks the allowable levels of asbesioe?
wm ooA T haven done the math bot it woukia’ A 1 think what you'll fad is certainty alt
n Sexptise me bus, of course, at would be torse tine it She OHA levels tre anctrate and these are ether
12 Tit McCrone, sonss time with Law Engineering, sane R $myensions ftom the 5 millioa particies or were
13 time with Mag, B 5 male perticles daring these cider yeers,
“4 Q. Mr, ‘Where were you ia 19647 “4 Q Let'e make sare we've all om the same
Do oA Ea 19964 I-wennld have been in the neether 1S page. Back in 1938 tne) 1968 it was $ miion
16 cea, probably catering high school. 16 particles per cubic foot, right?
vy Q Soyo high Ww A Yeu,
1s A ‘Actually probaly not quite extering i tw Q That's going to be texted through
19 echoed, Ig called a (itiacemuibbe), is tat rigit?
a @ Seventh or eighth grade? 2A Yes,
a A ‘That would be about right, aE Qa ‘The techoology changed over time end 19

@ Peni Page 18)
1 Q. You agree, don't based on the work f Brite OSHA canoe in the salon partcies per cubie
2 you've done that Coctain’ welling of asbestos 2 ls Converted to Sbers per OC, right?
3 cement pips to tho ofty of Gilberteville or to the a A Not exactly converted but thay chess to
4 1 the contractor was, was 4 use bers per OC.
5 100 pervest legal and permissible, wesc? it? 5 Q What was the conveesinn factor?
6 A. Yes, sir, 6 A ‘They did for & abort period of tieae
7 2. Ht was nothing - dido' violate aay 7 stomp! a conversion factor from data that was
a Tepulation that you know of, did violate any 8 collected in tatites end need that fo try
9 ‘Youre awate of? 9 Saprest 0m asillions of porticies pee cubic foor
19 A. Nothiug that Pa swane of 10 oud I think it ended up being —
Ww Q. And you agree ‘it wat Commnoa for n Q
2 ies ech a3, and others n A Six for one of ~ twelve I think one time.
B dwound the counmy 10 specify ‘the use of asbesing B Em trying to remember exactly what the
14 cceneat piping? i Ben tt # thost period of time when they bed
Is A Tin not familar with alt the IS the ‘standard.
16 specifications bat Hetow it was used in lot of 16 Qg ‘The sadard went fiom 5 million pactioles
Wy the Water systeras and sewer systems in ie Bet cubic foot down to 2 million particles per cate
18 municipalities ‘in the United States, ¥ foot in 1968, is chat right?
ww Q And other mecsitectmecy, fr exanple Jone 1 A The ACGIH, yes, that's right
20 Manville, Capen, Flintooto and pony others, 20 2 Then teetve Eibers pec OC7

GOD) 593-0671

46 Pages 178 to 181)

Pax - 301) 593-8353
wow,Exhibit CBS & NAMM ww

Be

BS sax yg BEB S SoRaeas

:Beet am awe wie

“BS RRS SBE gis BS ak La ws

PORTO-THERML -
THE COURE, UNDERSTAND, ANTTINGELSE? :
MR. RUNOIN: piven ort on WNC .
AUTOMOTIVE PhODUCIS. vs
142, Pant HRISROTAMBCHANEC, ‘ ~
‘THR COURT HIS NOTA MECHANIC,
MR. PACKER: HEDORSrTHAvS AerEDUCATNomTRArAON FOR
DOING BRAKE.WORK,
_ THE COURT: ARYTENG ELsR? -
MS. MCNEIL FOUR HONOR, WEALSO FILED A MOTION oft beRALE OF
Sa arena oR HAASE REHAS Reve WORD WET .
7 AY a iATRRLAL S MON OnID BE MOLATIVE
Atco tacaayo FOUNDA Ws EPBCT TO WORT HM ME
. ” BECAUSE MICS NEVER DONE ANY AS Ait INSULATOR,
: THE cour BECAUSE ALES NGVER POT UP ANE DRAW WALL?
MS. CE: ¥vRa. .
‘THE COURT: ANYTHING ELSE?
MR. RUNDE. YOUR HONGR, [LIKE POR THE RBCORD, Pb LiKE
TOROTE TAT RONG WARNER HA8 JOPST ER OTHER DERADANTE MOTION |
IN LIME” .
_THEOouRT: LET THE RSOORD REFLECT BVEKY SINOLE MOTION
SROUGHT BY ANT PARTICULAR DEFENDANT 15 JOINED BY EVERY Gruhn,
DEFENDANT WITHOUT REQUESTING AN ORDER, AND SOTHRELL Azz,
APPLY, A RULING ON ANY MOTION WILL APPLYTO ALL SEVEN UNLESE TOU
TNDICATE FOR YOUR.OWN PURPOSES IT SHOULD NOT APPLY TO YOU.
: SUBMITTED OW THES OE ON THE CHARLIE AY iSSUX, THE WALL
M SO OM TODRASER ALL RATE 2 DENIED.
OKAY.$s °6

SHR EY @N om aw wo ow

SREB ESS as aw E

12A2RY Flensan (00 expenty

NEXT, MOTION DH LIMING NUMBER 21, WHICH 28 OUROFPOSTHON
TO DBFENDANTS AND THERES SEVERAL DEFENDANTS. ISHOULDBURKE ERS askaRa

tance Heccsan (00 expert}

a : "ram coum, rs nor eceomm vate urease roo

2 THE rrr aearcaes  NTOURMPEDIOR DO YOO WaNTTO :
3 ‘SUBMIT IT ON THE PAPERS?

4 MB.2ACKSON: TULDo TINS TO sBoRTCUT OUR ARGUNGENTE. wr
3 > YouwaNrae7o COU TOONTENEATIVE PL Sar? On Tt
6  TextAnve

7 - THE COURT DONT Ua Tax Vipmos mt: ‘THEY DONT GO ON

a

9

x»

a

mam

MRL. MICHIE, ‘YOUR HONOR, POR THE ERODED, WOULD LIE TAR
coer neg REMY MOTION, WATCH 18.4 MorION WHICH HAS WOT Bene
° SUBMITTED BEFORE.

THE COURT: LODGE IT, LODGE rr. ‘SURE, OFCOURSE, ARSTREY -

sorenoz $08 PM . meS8RaE eRe geese aks

. AI Hanae fo ape

SINMAR TO THESE? STHIS ANOTHER TWIETOR
MR. McCrea: No, { THRIK ley CHARLIE 4 MOTION JS DIFFERIOTT.
- THEODOR OKAY, TAKE ME TO TUR PAGE WHERE IM GOIHGTO

ee om

. WORRY ABOUE TBAT VIDEOTAPE. THE CLOTHING SHAKE-OUT STUDIES,
WHATABOUTEN? :
“(WR PACK: PAGE PAGE 14. --” . Coot
;  ‘MRJACKSON: SORRY, WHERE WERE WE?

. ‘THE COURT: PAGE 14 OF DEFENDANT'S ~ DB. LONGO'S OPINNOM
‘STUDIES OF VipED — ~ STUDIES ARH BASED OW UNRELIABLE MATTER: ALL,

Bie Be ww aa ew

: RIGHT Sa a TER LACS

‘HEDGERE MERTKALZy, . .

WR PACKER: CORRECT. AND Ira SPECIICALLY AFTER THR
CRRA PECORECN PAE WETALK ABOUT HOS LOTIOD
COUNTING AstaIsTOS FIBERS.

‘THE COURT: YEAE, -

MR. PACKER: "DIATTHATIS HOTA GBNERALLY ACCEPTED MOTHODOS
‘COUNTING ASBESTOS FIBERS. 1S DR: LONGO 08 DR. BATRIEUYS WY
METHOD OF COUNTING ASEBSTUS FREERD ANDIT'S NOT VALID, Ia HOY
REMABLI. ITS NOT GENERALLY ACCHETED BY ANY SCUENTIFIC .

MR PACKER: ~ CaN DNNTIFY ERS WOT IPE OT URED TO
_ GANT FERS HY TH COVERSOCT OX OTHER RELIABLE DVEETIOATORS
480 HS KETHOD OF - Pace wT GOES TO HS baETHODEOP

SAMPLE PREPARATION POR QUANTBFVING AIRBORNE ASEESTOS FIBERS, 1 HOW

‘omg 6:08 PA - ogmye

i

SRE Se av ann ann

Bi Reeav ages BS Ras

AND TOWARDS THE END,

: "Wing TERS A ar nase OTE OROTAPH MrT rare .,
Ga REFERED Bn THE ST ODES TEA EES 5S ASTODY ABOUT THE AMOUR

_ MRRUNDDR FOURHONOM, THIS CASE HAS ARATHER TANGUD
PROCEDURAL HISTORY IN THR LAST MONTH. TV3.4 PRERERENCE Cas |

BORG-WARNER FIRST ASGOGLATED IN THN CLAPPER ch

OFFICR AND DIGASSOCIATED THEM IN AND BROUGHT IN PAUL HANLET TagZ
A

OP CAMERONAPEL) FROM WHAT! READ HIB, FROM WHAT I UNDERSTAND, .

WHAT DO YOU HAVE TO Say, Ten : cee
MR JACKSON ‘WSL, YOUR HONOR, 1DOITT Sue ANY EVIDENCE TO

STATE “, ‘

. THE COURT: THAT NOT FOLLOWING THR PROPER PROCEDURE DN

‘COUNTING THE PAKTICLER, WHAT HWS SAYING, HE'S BREAKING ONE

PARTICLE INTO TWO 50 THERES MORE PARTICLES, INT Tar waarExhibit D~- - SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Department 61!
VICTOR TRINCHESE | No. 400787
* } TRIAL ROLONGS,

PAYBESTOS-MANHATTAN, INC. } ‘ .
aa, }

'
nner

To expedite the commencement of trial in the above-referenced action,
this court fsaues the following rulings, without prejudice, of iasuce
voutlnely presented vo the wial court in complez asbestos triala:

a.

2 exidence of
Seen cae Serna ee
oppression, or fraud.
A motion ibd by one defendant shall be deemed 69

be joined in by all other defendants and epply w all plaiatitis,
unless » party expressly opts out. A moon fied byAlt potertial winesses are exchuded from the courtroca:
during wiel, exceps for pordes and representatives of
corporate parties,

. Bach party shall serve te court and all cther counsel wich &
case specific witness list price to faty selection 2s ordered by

WEENESS SCH notice

- TO TESTE On: NOT LATER THAN PRIOR:

Monday ‘Thuraday by 4 pm

Toexday Feiday by 4 pas -
Wednesday + Priday by € pm

‘Thursday Mouday by 4 pm

Fridey ‘Tuesday by 4 pn

Exchibine wast be premérteed for identification by the .
courtroom clerk not later thai ona court day price to ite use
_ by awimess, Exhibit not timely pre-marked may coc be
shows to 0 withers,net

20.

ab,

Counsel are required to submit Dae arctions :
‘and peopored venilet forms to the court (© opening
e773. Proposed BAST that have noc teen

Defendants : peoltibited froea contacting. Creating
phylcan of patel exer tte acai kee,

a is form, mnore thas one
partes incase the eaoeg Sok eee ET
plaiaui’s case:

case. here Proving comparative
fault of the plaindlf and other persons. .
‘Civil Code sections 1431-14315 (Proposition $1) wid be
Applied In this case.

In order to be made & record ia this case, ait documents
must be Gled in the Office on the Is Hloor af the Civic
Center Courthoune, ax this courzvom doce not have tke

A

f . BVIDERCR:

i 14,

‘Testimony aa expert witness who wae not timely disclosed,
tn oppo Sted parse ae a net hon
‘is exefuded,

Te frown witnesses and documents
‘eationony by ™ not disclosed

Reference to .ahall be in a form that distinguishes
that pary Gow archer pany wih sme eee¥
t

we

+ Reference to purtitive

Rufesence to the physical absence or auendance of « pany or

the corporate represmneative of « party ih the courtroom ix
exchaded. . . .

damages is cachided, except for limiud
Nestions during voir dire ia cases where punitive damages
art sought. -

Reference to bs the in
7 PET Dleadiog, caption, or partie

Reference to the bankruptcy status er insolvency of any

. asbestos nanufacturer of supplier is exciuded.

Relarence to insurance ix excludes.
Reference to 2 plaicailt's collateral sources of benefits. is
exchuted,

excluded.
Sie eLearn
Suicenee t0 any breach of inplied or ‘express warrancy Is.
Se cr cag rane
tera lc an ed Sasa damage”

Rehireace w the existence of any pending action, anedical
candinion, or bealth status of any person: other thas. a .4
:
j

net

” Evidence of a plalnsiit's pre-existing medical conditions or

other lafren w excused tanios eae ore nee
‘proof,

Reference to the wealth or present support status of a

plain fe exchuded. . :

Reference to any expectation of income after 2 plaints
death by & plaintiffs spoune is enciided.

Relerence to any federal, state, of local asbestos or
workplace safety order‘or regulation is exctuded.
-Bvidence of workers’ compensation recends ia exctuded.
Evidence of minutes of the Ashestos Textile Institute is
exchuded. :

‘substantial factor” cule. Examination directed to elicit
etizamay about “proximate causation,” ox the “but for” test

Evidence of background or ambient exposure to asbesioe ix
aduntesibie, .

‘Evidence of conduct by a plainté’s employer or a third .
is admissible ¥ otherwise relerant, but not ax = supersading Sing.
conse of plsintill’s discans. :

Evidence of other knows causes of plaintiffs Sbrosis is
peated unkess there ts waling of admissibility after anaL

a7,

"sanctioned medical ekeminers, |s-cxcluded.

Medical, employment, and social security recards of the
witnesets,

_Plalndill, except ceparte by retained expert

‘Staze of the art evidence ie excluded if plaintiff fs pre
solely on « consumer expectation theory, Scare of the art

Demonstrations

without. of the court, and after .
Bridence or reference pertaining © the muriost share theory
of Hability is exetadent :
Disclosure by & plaiociff of identities, amounts, sources, arid
dates of priot scullements fa deferred until e jury has - .
awarded damages to the plaintiff.

Evidence of the number of medice! ccaminations conducted
on a plain? le exchucted.

Refetence'te ¢ radical cxuminition of « plalntiff as being
of performed by ated and/or cont.

Reference to « protected or invasive medical examinations
requiring approeal by che court per CCP 202264) ig,
cached, .

ceferenge (2 plaintiff having 8 “Tear of cancer” se cated,
unkess there is « ruling of admissibility after an ‘of proof
has been eubmitted. -CONDETIORS, IE WOULD APPEAR TO MR THAT JURORS ARE SCHEWEAT *
PAMILIAR WITH THR DISPERSAL OP DUST FROM THINGS, SOLAMNOr
‘SUR THAY THES TPORES EXPERIMINTS ARE SUESTANTLALLY STAALAR
_ SNQDGH THAT THY SROULD.BE.HOWA TO THE ORE, .
ME. JACKSON OKAY, A COUELE OF PDMS HERE THATIWAHTT0
* MARE OW THE PURPOSE OF MOR. HATFIRLIYS TESTIMONY. MECALISE FROM
. ‘OUR PERSPECTIVE IT 1S CRITICAL ASTO THE RELEVANCE GPTh,
"THR COUR: 14M NOT SAYING Irs WOT RELEVANT, COUNSEL.
‘THE QUESTION 1S 18 [T ~ ONK-OF THE FROSLEMS IS — WITH THESE,

BY Ra2 ee ee eee ee EG Beg

soem | ue . =

& 7 O oo .aL]

ot

Ane en am Besny

AND ONE OF THE THI8G$ THAT THES EVIDENCE TENDS TO SHOW Is”
_HOW THUS THIN APPEARS TO THE NAKED SYR. AND ORBOPTHE |

: ‘1a A 40K IOTURELOF WAT WOULD PRAYESSEEM COniG OO Rt Timm
oo WOR ana LNW THT APICTORE 8 WORTH A TSCUSAND-
” worps, ‘WR HAVE TESTIMONY OF WITNESSES SAYING if, ‘THE JURORS:

ES SEES cannes

CAN TSE THEIR GWT EXP
‘THERE BAS SOTTO au Sousit KIND OF DUST GENERATED. Roonns
DISPUTING THAT, BUT THE QUESTION If HOW MUCH. oo
MIL JACKSON: BEFORE! BEGINTO ARCUR, SSITTHE cours
LEANING AT THIS POINT RARRD UPON _
THECoum | was mRNAaPrTOL0OK Ar os, coLN.
"MIR IACESOM: OKAY,
‘THE COURT: BUTTTARNCYOU RAVRGOT ANUTHINL RATTLE
SECADEB! DOT EHOW THE DOCENEONS OF THE. GARAGE

‘rrr mere
"-Taar ite nas Rab By mas own tacraer OPO :
"_ THRCOURT: ITHOUGHT.1HADSFRED READ THESR MOTION,
‘BOF RECGLL ACTON OF RE MOTION RO TING THE WO,

vee ton oe seL

no Tee Dee Tu ta Ge aaanedt, TOUR HONOR, STAT

‘THEIR INDUSTRIAL HYGIENIST WILL SAY THAT USE OF BRAKES 18 SARK,

- THAT TT DORIC RELEASE ASBESTOS, THAT WHEN YOU BLOW OUT A BRAEX -

ie PRIM YOU OME HAVEAVERE LITTLEAMOUNT OF FIBER BECACREOP YEE:
PACE FIAT ITS CONVERTED — ot .
_ttscourn Tor wn ava vou Writes eA Tone
*THATTESTDAONY, > ‘
1 neon ATUL AEAGON Tr CONTRADACEG Tin eC lo
TS ACTUALLY, UW}.KR TREMR INDUSTRIAL HYGIENIST ~ HE HAR 2
ACTUALLY TESTED A BEDDIX BRAKE, HE HAS GRINDED WY, AND RE HAS,
‘TAKEN MEASUREMENTS TO SER WHAT HAYPENS. AND IT THEYSIMPEE. *

BIR ge ON DHA we Rw,

, aaa FPG TO PUR TOP

MR. JACKSON: GEAY, SOYOUR RULING—
‘THR COURT: MYFROMAMIS WITHTHE VIDBOR note
MR. JACKSON: TOUR RULING 18 THAT MA. RATFIRLD Canrctve ns
|. TRST REGULIS THAT ERAS DONE AND TENE OPINIONS THAT HRLHAS DOWK
BASED ON VAT AS THE FORM OF AN RXVERT, BUT-THE YIUBOTAPED :
TYMDALL BEAM DEMONSTRATIONS ARE EECLUOSD
THR COURT YES. *
2 Aa TOE WANE ACLARINCATON. AO TAS
. NO FomTims ancient, - . -
MR KUBANCHS: NO, YOUR HONOR. SUBMITTED,
. TAR OOURAY ‘AT THIS POINT THE MOTION 18 GRANTED TOTHE
DXTRNT THAT THR VIDBOTAPRD EXPRRDMINTS ARK IXCEOSD POR THE,
REASONS WHICH I RAVE STATED, THE COURT DOESN'T FIND THAT TERY.
WOULD BE SUBSTANTIALLY SDILAR TO THD EVIDINCR THATS OOGHOTD

SURREE HERS RA Rw EE

sorana S08 . : oc : . sesam,
MR.IACESON: THANKYOU, YOUR HONOR. -

"Tam SOTMHE NOTION TO EXCLIME Vigo Deposmon ty .Exhibit FGet 2 Docimees - by Citation - 142.)

" Ghedue valcherwy 3aten

‘

"1a Obie Ang. 3d 24h, *; TSG NEI 1280, +;
(2001 Chie App. LEXIS 1780, ***

JACK A. GALL, ET AL, Phaintiffe-Appaliees ~vg- COMSOLIOATED RAIL CORP. ET AL, Defendants

oe

co. NO TIS .

. . ‘COURT OF APPEALS OF OFIEO, ERGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY

142 Oblo App. 3d 748; 756 NH.24 1280; 2003 Ohic App. LEXIS 1788

yo . ” get 19, 2001, Date of Announcement of Dectsiaa

: ” SUSSEQVENT HISTORY: [**21] Motion far Reconskterstion Gantad May. 10, 2001, Rapattad st .

22OLDile Aen, LES

PRIOR HISTORY! CHARACTER OF PROCEEDINGS 1 Ch ipges! fron Common Prand Court. Case
Ne. CV>363793, . .

__ DISPOSTFrON: REVERSED AND REMANDED. so *:
Defendsnts appaniad trem tue Judge of the Court of Comenan

EROCeGURAL. ‘County (Olio) which awarded ptelntitis compensstory ¢eraages for aabastoc-
releved personal injury claims, and from en order denying defendants 8 new trtal.,

og
® .

CORE CONCEPTS ~ © tide Concepts _ ,

Bi Genrnmacts : State a Teeaciel Covprnmnen : Sima br & Agena
: sexta corircsearch/nte_1 : "ose.A judge hat Giecretion when deciding dose evideniiory questions, and wa wil not reverse”
edcinitary rulings untess there veas an etnies of that discretion.

Bevigence : Heareay nue & Excantions : Adentarions be Parry Consort ~*~
Punting aside the question of witness avalabity, if the evidence concerns ¥ party, it it .
governed by Ohio &. Evid. BOHDKZ). -

9  Mieiéenen.s

oer sony i aBeped, ont must show the entrance ofan agency >

Evidence + Heavy Rute % Exceatioms ; Admigsont by Party Oosonsre
2A pencipat’s contro) of tive refationsbip provides the bests for ‘he stabemact of 30
agent as an admisalon, and suck control is absent fe wr insapenclent cerncor eaoccs. .

= tha Judgers rele  prelieninary, wivethes the eoopert avidence sativfies threshold
of validity and reliably, ard not whether
: correct. test for .
should be anslyzed to detsenina: (1} whether the theory or ‘hax boon tested; (2)

of ervess and (4) whether the methodology has gulned generst:

9 R crienigal tort & Procedure 2 Fvitenc 5 feet & Remon Ryans
‘SAn experimen is pémiastie XR & relevant sad belges to on ZDSCK or octncice of the event
at sue, ever though & does nut re-crwate the conditions of the event,

isgelferurw lexis cochremearch ire. "gain$

CORI TRF en em mr CMF

SOMRERE fx Pipes: LM A OLDSTEM, HEL. DORA, Dorin & Mucphy,
P, Buia, HY.

For Defanduats-apeciants: OAD A OANECO, Sums, Whke & Hackton, Pattsourgh, PA,
ORS MAES. PATRICIA At ACO #3. 40 PAD. cRLSSRET ZS,
JR. COMCUR, . .

ae

° OPTNTONEY: Anne Lane
OPINION: (r*1282) (°732] JOURNAL eNfRY AND OPINION
(RE Le RELBAPES, 22

resoked ia the avard of aarnd Wien Wirdend for
rnd of corona) Canages tape ‘Consoideted Salt
and Financial: ine, fp Comme } # reve trisl, Bad snd Wirakond
brought this action under tha Federel ‘Cability Act kacting Si et seq, Tithe 45
18.5.Code, ond the Locomotive Boller inspection Ack faction 22 at 204. Fide 45,
asbestos exposure is Conrells bufidings End arzins. Conca chains & was acror: (1) to adcnlt
POrdons of an axbestos ‘pepart * fevesting the presence of acbestos i the sic
‘cartels eran of Rs property but raters bo admit the scbestos was

‘nok Found or, when foud, below parmnissiote Frits; (2) to adeit unretiebig evidenon; (F) 0
atone tha fry te opportia camegus saan ao coc puuRaaTT cee ED

A, > On Septacther 1, 199%, Ball, Wintend, and she other plaintitt ted # complaint against
& _ 7 Sos Sin most eer te cere en oat teen
paket (912852

A Jory il began on Septamber 20, 1999, wie wc of the orginal cig pilots remaining, sa
tour pinintiits. ta seithaments on oe acted a eT Coctieved on only tive
Gates of Gal ond Whlnd. Bok paar S06 sixty-four, testified that he had worked for Connell or ts
predecaswocs fro 1953 ieee week 1993, a3 & laborer i 2 sineaye buliding anc, piece
reguisrly exposed abate

Cover Canny objection, the feige sited 3 namber of documents offered to poston te
doosments of woes “
evidence of thelr Jn asbestos. The. wrare past Of 8 cepert |
pore ‘ prepared

asbestos expasere, but pakber could have made suck » dlagnoss without evidence that each hed. kt
fact, Deen expr,

bagetiurwveleriscomitescarchivenr conteew Cone’ sige objected t9 exidence of histories! knowledge concerning subesins as 8 carcinogen,”
Siasge danmoyes or tne fone or ee ore Dace Rak ad SURGROE fem CANA
eens cancer. slowed the evidence to chow
that Conrail, silica of asbestos! .

employees. Although Corret’ without,
of Sen ak ced eas a oe age ied the eviéancn wdrisaile because the Savery

d in accordance with the FELA cletens, Conrall requested & fury istration on apportionment of

to have cuch Conditions. The approve an instruction that Conall wns Seble only for
‘the injuries proximately caused by Its cagigence or stenmery:

‘On Seotember 20, 1999, the fury returned a verdich Reding Cone lable (***7] ts Ball for $

‘275,000, and bo Winland for $395,008, and that Conrail viotutad tne LEA. Oe: S, 1999,

Jecgmant was entered on the verdict, and: enoved for & haw titel under Chy.R, 53, cling the
Judge's felkure to adcrit tha entire PSI report aad fle Gadhire to fewtrast on

‘dumeges. Its motion was denied on Denonnber 21, 199%,

1. "THE TRIAL COURT ERIRED IM