Motion,Ex Parte: CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS

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v. DEFENDANT YORK

Dean Pollack, State Bar No. 176440

Raymond A, Greene, III, State Bar No. 131510 ELECTRONICALLY
BURNHAM BROWN FILED

A Professional Law Corporation Superior Court of California,
Oakland, California 94604-0119 ©.” ounty of San Francisco
on NOV 29 2011
1901 Harrison Street, 14th Floor Clerk of the Court
Oakland, California 94612 . BY: WILLIAM TRUPEK

Telephone: (510) 444-6800 Deputy Cle}
Facsimile: (510) 835-6666 . . ‘

Attorneys for Defendant
YORK INTERNATIONAL CORPORATION

SUPERIOR, COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
CHARLES HUSBAND, No. CGC-09-275098

Plaintiff, DECLARATION GF RAYMOND A,
GREENE, It, IN SUPPORT OF

INTERNATIONAL CORPORATION'S
ASBESTOS DEFENDANTS (BP), MOTION IN LIMINE TO PROHIBIT

: EVIDENCE AND ARGUMENT
Defendants. : REGARDING ITS ALLEGED
LIABILITY FOR “AFFIXED” OR
“REPLACEMENT” PARTS

Date: November 15, 2011
Time: 9:30 a.m.

Dept.: 503

Judge: Hon. Teri L. Jackson

Complaint Filed: March 2, 2009
Trial Date: November 15, 2011

I, Raymond A. Greene, III, declare as follows:

1. 1am an attorney licensed to practice law in the State of California and a partner of
the Law Firm of Burnham Brown, attorneys of record for Defendant York International
Corporation (“York”) in this action. The facts set forth below are of my personal knowledge,

and if called to testify, I could and would testify competently as to those facts.
1

DECL OF RAYMOND A. GREENE, Tl, ISO DEF, YORK. INTERNATIONAL CORPORATION'S MOTION CGC-09-275098

~

iN LIMINE TO PROHIBIT EVIDENCE AND ARGUMENT REGARDING ITS ALLEGED LIABILITY FOR
“ABFIXED” OR “REPLACEMENT” PARTS .ee 2 HR RH BR WN

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A was VN BR S

2. Attached hereto as Exhibit A is e true and correct copy of the deposition
transcript of Plaintiff Charles Husband (“Plaintiff”).

” {declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct, and that this Declaration was executed on November oe » 2011,

RAYMOND A. GREENE, IIT

at Oakland, California.

1315038

2 .

DECL OF RAYMOND A. GREENE, Ill, ISO DEF. YORK INTERNATIONAL CORPORATION'S MOTION CGC-09-275008
TN LIMINE TO PROHIBIT EVIDENCE AND ARGUMENT REGARDING ITS ALLEGED LIABILITY FOR”
“AFFIXED” OR “REPLACEMENT PARTSRe: - Charles Husband v, Asbestos Defendants (BP)
Court: San Francisco Superior Court
Action No: CGC-09-275098

PROOF OF SERVICE OF ELECTRONIC SERVICE

I declare that I am over the age of 18, not a party to the above-entitled action, and.
am.an employee of Bumham Brown whose business address is 1901 Harrison Street,
14" Floor, Oakland, Alameda County, California 94612 (mailing address: Post Office
Box 119, Oakland, California 94604),

On the date executed below, I electronically served the document(s) via
LexisNexis File & Serve described as: -

DECLARATION OF RAYMOND A. GREENE, III, IN SUPPORT OF
DEFENDANT YORK INTERNATIONAL CORPORATION’S MOTION IN
LIMINE TO PROHIBIT EVIDENCE AND ARGUMENT REGARDING ITS
ALLEGED LIABILITY FOR “AFFIXED” OR “REPLACEMENT” PARTS

on recipients designated on the Transaction Receipt located on the LexisNexis File &
Serve website. I declare under penalty of perjury under the laws of the State of

California that the foregoing is true and correct and was executed on November 29, 2011,
at Oakland, California. ‘ .

Linda Andrew-Marshail

1040060

PROOF OF SERVICE CGC 09-2750980 EXBIBITA=

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
—-000-—-
CHARLES HUSBAND,

Plaintiff,
vs. No. 275098

ASBESTOS DEFENDANTS (BP),

Defendants.
/

NEWLY SERVED DEPOSITION OF CHARLES HUSBAND
VOLUME |
(Pages 1 through 180, inclusive)

Taken before Kimberly L. Avery
CSR No. 5074
April 18, 2011=

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INDEX

PAGE
EXAMINATION BY MS. HUTH

EXAMINATION BY MS, GLEZAKOS

EXAMINATION BY MR. BURKE
EXAMINATION BY MS. STERN

EXHIBITS
(No Exhibits Marked) ”

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NEWLY SERVED DEPOSITION OF CHARLES HUSBAND

BE IT REMEMBERED, that pursuant fo Notice, and on
the 18th day of April 2011, commencing at the hour of
9:28 a.m., in the offices of Aiken Welch, One Kaiser
Plaza, Suite 505, Oakland, California, before me,
Kimberly L. Avery, a Certified Shorthand Reporter,
personally appeared CHARLES HUSBAND, produced as a
witness in said action, and being by me first duly
sworn, was thereupon examined as a.witness in said

cause,
me Qe

APPEARANCES:
For the Plaintiff:

UMU TAFISI
Brayton Purcell

. 222 Rush Landing Road
Novato, California 94948

For the Defendant, Albay Construction:

JOCELYN SORIANO

(via phone)

Archer Norris

2033 N. Main Street, Suite 800
Walnut Creek, California 94596

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For the Defendant, J.T. Thorpe & Son, Inc.:

ERIN POPPLER

(via phone)

Bassi, Edlin, Huie & Blum

351 California Street, Suite 200
San Francisco, California 94104

For the Defendant, Union Carbide Corporation:

TINA GLEZAKOS

Brydon, Hugo & Parker

435 Main Street, 20th Floor
San Francisco, California 94105

For the Defendant, York International:

NICHOLAS BURKE

Burnham Brown

1901 Harrison Street, 17th Floor
Oakland, California 94612

For the Defendant, Bigge Crane & Rigging:

RYAN JACOBSON
(via phone)
» Kriox Ricksen
1300 Clay Street, Suite 500
Oakland, Catifornia 94612

For the Defendant, CertainTeed:

SAM STERN

McKenna, Long & Aldridge.

401 California Street, 41st Floor
San Francisco, California 94111

For the Defendant, Chicago Bridge &.Iron:

CHRIS DIAS
(via phone)
- Sack Rosendin LLP
One Kaiser Plaza, Suite 340
Oakland, California 94612

Aiken Weich Court Reporters Charles Husband 8/18/2011For the Defendants, Thomas Dee Engineering Company,
Hamilton Materials, Inc.; Cleaver-Braoks, Inc.:

HILLARY H. HUTH

Walsworth, Franklin, Bevins & McCall
601 Montgomery Street, Ninth Floor
San Francisco, California 94111

For the Defendant, Temporary Plant Cleaners, Inc.:

BRITTANY MALY

Gooley Manion Jones Hake & Kurowski
201 Spear Street, 18th Floor

San Francisco, California 94105

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| would have to say in the fate ‘50s, all the
way up in the '60s, you know. Some grade school,
junior high, and high school days.

Qa. Do you recalt the last year that you worked for
or you worked at Whalen Engineering? .

A. Well, | went to Vietnam in '68, so ! went in
the Army in '67, so it would have to be in '66. :

Qa, Now, you mentioned that you were in school at
the time. Was this work that you performed on the
weekends or ~~

A. | performed it on the weekends. | went to the
shop, and my dad brought the work to the house for me
to do sometimes at night, you know, a couple hours here
and there, because he was in rebuilding of the
refrigeration industry, you know, take new and make
new ~- take old and make new, | mean.

Q. Sure.

What specifically, what kind of work did you

perform?
A. —_Teardown.

Qa What's teardown?_

A. lf you rebuild a compressor, you have to tear
itdown.

Q. And were you doing this when you were in grade
school?

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A. Yes.
Q. Could you describe what's involved in a
teardown?
MS. TAFISI: Calls for speculation. ©
THE WITNESS: You have kind of --
MS. TAFISI: Let me finish my objection and you

can go ahead.
Calls for a narrative. Vague and arnbiguous.

THE WITNESS: {can probably go down and take a

picture, but the shop is not there.

It was like an assembly line. You bring in the

compressors, they tear down the unit that's bad in the

component, the compressor or whatever comes down the

line, you wash them, you clean them, take them apart,

and it goes down to the end and you wash them again,

scrape gaskets off of them, clean them out for -- to

renew them.
BY MR. BURKE:

Q. So you washed compressors?

A. Yes, in solvent, and scraped gaskets, and

cleaned goo off of them with screwdrivers, wire

brushes, whatever, you know, get stuff off of there.

Q. When did you start -- strike that.

Did you start -- did you take apart compressors

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Q.- You said “per day.” Would this be on the
weekend?
A. Yes. Yes. On the weekends per day, but at the

home, no, maybe two ~- two at the most, if I did.

Q. On a weekly basis, how many compressors did you

take apart?
A. 15 to 20. | wouldn't go any higher than 25,

26. We had an upper shop area at the house in
Lafayette where it was set up the same as his shop but
alot smaller, you know, with air and water,

everything, solvent to clean gaskets and all that

stuff.

Q. At your house?

A. Yes.

Qa Do you know the brand name or manufacturer of
any of the compressors you took apart when you were
working for your dad’?

A. , I'd have to think about that, because |
testified before about these compressors. We got the
ones submersed in oil, We gat... There's a York.
There was Frigidaire, G -- Electric, what's that
Electric - General Electric -- I don't know, General
Electric.

I'll have to get back to you on those. They'll

come to me.

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THE WITNESS: | would say York was about 25,

30 percent of our -- of our work, $o, man, I'd say

about one-third.
[can't give you numbers, but | can say about
30 percent.
BY MR. BURKE:
Q. Okay. That's fine.

So 30 percent of compressors you worked on when
you were working for your dad were York compressors?
A | can remember the York because | had to order
parts for some of them, and, you know, Frigidaire and
all that stuff. They'll come to me, but | just —
these were — Yorks were bigger compressors than most

that | remember.

Q. Let's stick with York for now.
A. Yeah.
Q. Can you tefl me what the York compressors that

you worked on looked like?
MS. TAFISE Calls for a narrative.
BY MR. BURKE:
Q. For example, size and shape.
A. Sizes are different, but the configuration
like, looks like a small Harley motor, cylinders come
out on each side, you know, with valves on top, but

they are not conventional valves, but...

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that's the only way we could get them off.
a first step in the pro: takin

apart the compressor would be to immerse it in the

solvent?

AY Yes, and clean it, clean everything.

Qa. And you would clean it while it was still

immersed in the solvent?

A. Yeah, yeah, under the solvent.

Q When the gaskets were baked on, how long would

it take typically to scrape off the gasket?

Ae Ahard.one, 15,20 minutes, or longer.
Sometimes you had to set them aside and come back to

~ them.

Q. And during the entire cleaning process, was the

compressor ~ were the compressor parts covered in this

solvent?
A. Well -- /
MS. TAFISI: Misleading. Misleading.
THE WITNESS: Lightly, yes.
BY MR. BURKE:

Q. What kind of solvent was this? -

A. Same kind of solvent we have today, a clean
solvent. { don't know the chemical compound of it,
but...

a. Do you know the brand name?

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A. Well, it’s almost impossible to wear gloves
when you are breaking down machinery. | guess you.can
do it, but we never did. :

Q. Would you wear a respirator or any type of
breathing equipment?

A. No.

Q Other than your brothers, are there any other
co-workers that you worked with when you were at Whalen
Engineering?

A. There was one or two people that popped up, but
{ don't remember them, you know, their names. | just
remember my immediate family, and a China man that
worked there, he was real fun. [ don't remember his
name, but... | was the guy that always got teased down
there, always got kicked around.

Q. Do you have any information or knowledge that

you ever worked at any other job site where York

equipment was present?
MS. TAEIS!: Asked and answered.

THE WITNESS: Well, no, I'd have to say on air

compressors the only thing that! -- | don't know about

York, but | know Ingersoll-Rand did more -- had most of,

ihe industrial air compressors.

BY MR. BURKE:
Q. Let's stick with York. I'm just asking you --

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A. No. No. No

Q. Do you have any information or knowledge that

you ever worked at a job site where York employees were

present?
A. No. No.

a Do you know the names of any persons who can

provide any information as to any of the work you did

. with or around any York equipment?

A. Well, the only thing | can say now is just my
family. As far as the other people, you know, hard to
get ahold of or impossible to get ahold, just family.

I think the easiest one would be my younger
brother Stewart which lives in Richmond.

Q. Do you know of any documents that could provide
information as to any of the work you did with or
‘around any York equipment?

A. If there were, they are long past gone.

Qa Earlier | asked you if you knew the suppliers
of any of their replacement gaskets that you or that
Whalen purchased for York compressors, and -~

A. ‘Like all the aftermarket stuff was done through
a job where it had nothing to do with York or anybody
else. The only time we couldn't get, the business
couldn't get parts from the manufacturer, it would go

in the aftermarket.

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screwdriver to replace them because they were rebuilt.

MS. TAFISI: Belated objection to the question,
asked and answered. Asked and answered, harassing,
oppressive. .

‘Il try to speak up, Kim.

THE WITNESS: Like if you come up with another -
name of a compressor and | recognize it, then we're
going to go through the same thing, so | just...

Sorry.

BY MR. BURKE:
a. Are you finished?
A. Yas, I'm finished.

Qa. Do you know how many Frick compressors you

worked on when you were working at Whalen Engineering?

A. No, it's ~ you have to have a number. Okay.

10, 15 percent.
Q. Okay. Yeah. Percentage is fine.

Earlier you testified that 25 to 30 percent of
the air compressors were York. ,

A. York is a big brand name, like Frigidaire, you

. know.

Q. What do the Frick compressors look like?

A. Well --
a. For example, size and shape, can you describe
that to me?

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take therm apart?
A. Yes, and cleaned.
Q An cess was the same, where you'd have

it submerged in a solvent?

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A. Yes, after it was all broke down.

Qa. And how long would it take to break down a
Frick compressor?

A. Most of them were 45 minutes to an hour,
depending upon the gaskets. If they really got hot and
burned out, the gasket gets so hot, they are hard ~
they are like stone, you know, and you got to chip them
off. The solvent doesn't really do anything to them,
it just takes the dirt off of them. tt doesn't even
penetrate them, you know, and that's why these ones
take longer, because you are there with achisel. You
can't get a chisel, so you get a wire brush and try to
get a groove in it so you can try and pop it off.

Q. How often would the gasket material he baked
orito the compressors?

A. 50 percent, because most of those things were
burned out from the heat.

Qa. So 50 percent of the time that you were
cleaning compressors, the gasket material was baked on?

A. Oh, yeah, yeah.

Qa. Were the appearance of the gaskets on the Frick

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estimate of, you know, the hours, 15 to 20 hours a week
‘on both.

a. Okay. So it was 50 percent of the work --
80 percent of the wark you performed, was that home and
50 percent was in the shop?

A. Yes, that's more like...

Qa And at both locations you were performing the
same type of work?

A. Same thing.

Q You were taking apart the compressors, putting
them in solvent and cleaning them?

A. Same thing, just different places.

Q. Okay. At any -~ strike that.

Do you have any information or knowledge that

you ever worked on any Frick equipment at any other

time?
A. No. No, sir.
Q. Do you know of any documents, any writings or

photographs that would provide information as to any
work you did with or around Frick compressors?

A No. | would never single any manufacturer out
with documents or pictures because at that age, you
know, that would be kind of, why would I?

Q. So the answer would be no?

A. Yes, sir.

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STATE OF CALIFORNIA)
)

“COUNTY OF ALAMEDA)

|, KIMBERLY L.. AVERY, do hereby certify:

That CHARLES HUSBAND, in the foregoing deposition
named, was present and by me swom as a witness in the
above-entitled action at the time and place therein
specified;

That said deposition was taken before me at said
time and place, and was taken down in shorthand by me,
a Certified Shorthand Reporter of the State of
California, and was thereafter transcribed into
typewriting, and that the foregoing transcript
constitutes a full, true and correct report of said
deposition and of the proceedings that took place;

IN WITNESS WHEREOF, | have hereunder subscribed my
hand this 5th of May 2011.

KIMBERLY L. AVERY, G&R No. 5074 “ .
State of California

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