Motion-Secondary: ALBERT RICE VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al

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Laws. SteRmrre Pua

HOME 10141325

EUGENE BROWN, JR. (SBN: 079824)
AMEE A. MIKACICH (SBN: 146814)

MICHELLE M. CAMMARATA (SBN: 250258) ELECTRONICALLY
FILICE BROWN EASSA & MCLEOD LLP
1999 Harrison Street, Suite 1800 FILED ~
Oakland, California 94612-3520 Superior Court of California,
Telephone: 510.444.3131 County of San Francisco
Facsimile: 510.839.7940 JAN 06 2010
GORDON PARK-LI, Cler!
Attorneys for Defendant BY: WILLIAM TRUPEK
OAKFABCO, INC. Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

KATHLEEN RICE, as Wrongful Death Case No. 444852
Heir, and as Successor-in-Interest to
ALBERT RICE, Deceased; and SUSAN DECLARATION OF MICHELLE M.
STOCKTON, as Legal Heir of ALBERT CAMMARATA IN SUPPORT OF MOTION
RICE, Deceased, IN LIMINE TO LIMIT THE TESTIMONY
OF THE DECEDENT ALBERT RICE

Plaintiff,
v.
ASBESTOS DEFENDANTS,
Defendant.

I, Michelle M, Cammarata, declare that:

L I am an attorney at law duly licensed to practice before all courts of the State of
California and am an associate in the law firm of Filice Brown Eassa & McLeod LLP, counsel of
record for Oakfabco, Inc.

2. September 14, 2005 the decedent Albert Rice filed a Complaint for Personal
Injury, alleging occupational exposure to asbestos resulting in his alleged mesothelioma. This fact
is evidenced by relevant portions of the Complaint, which is attached as an exhibit to the Request

for Judicial Notice.

04473 34284 MMT 623810.428

FBEG:M

REE PNA

3. The deposition of the decedent Albert Rice was conducted on November 8-10, 14-
16, 2005, and January 30, 2006. This fact is evidenced by relevant portions of the transcript of the
deposition of the decedent Albert Rice, which is attached hereto and incorporated herein by
reference as though fully set forth, as Exhibit A. Oakfabco, Inc. was not present, represented, nor
had notice of the deposition of the decedent Albert Rice, since it was not a party to the action.
This fact is evidenced by relevant portions of the transcript of the deposition of Albert Rice,
which is attached hereto and incorporated herein, by reference as though fully set forth, as
Exhibit A, and by Oakfabco’s Answer to the Complaint, which is attached as an exhibit to the
Request for Judicial Notice.

4, On January 18, 2006, the court granted Albert Rice’s Motion for Trial Preference,
and advanced the trial date to May 8, 2006. Before, the case went to trial, the decedent passed
away on March 12, 2006. This fact is evidenced by the First Amended Complaint for Survival,
Wrongful Death; relevant portion of which are attached as an exhibit to the Request for Judicial
Notice. Plaintiffs Kathleen Rice and Susan Stockton filed the First Amended Complaint for

Survival, Wrongful Death on September 5, 2006.

5. On December 7, 2007, Plaintiffs filed an Amended to Complaint, substituting
Oakfabco, Inc. as Doe 11. This fact is evidence by the Amendment to the Complaint, adding
Oakfabco, Inc. as Doe 11, which is attached as an exhibit to the Request for Judicial Notice.
Oakfabco appeared in this action by way of Answer to the First Amended Complaint on February
1, 2008. This fact is evidence by Oakfabco’s Answer to the Complaint, which is attached as an
exhibit to the Request for Judicial Notice.
lif
til
it
Mit

-2- 04473 34284 MMT 623810.16. Plaintiffs are precluded under C.C.P. § 2025.620 and Evidence Code §1200, from
using, offering, and/or relying upon the deposition of the decedent Albert Rice, against Oakfabco,
as Oakfabco was not present, represented at, nor had due notice of the deposition since it was not
a party to the decedent’s personal injury action. Furthermore, such evidence is hearsay, without
exception.

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

foregoing is true and correct.

Executed tri’ hy of January 2010, in Oakland, California.

Met Coppa

MICHELLE M. CAMMARATA

~3- 04473 34284 MMT 623810.1EXHIBIT ALea,

=

oOo Oo aoa NO OH Fe WO NY

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
---000---

ALBERT RICE,

Plaintiff,
vs. No. 444852
ASBESTOS DEFENDANTS (BHC),

Defendants.

TRIAL PRESERVATION TESTIMONY

OF ALBERT RICE

Taken before TERRI A. PARODI, RPR_
CSR No. 10424
November 8, 2005

One Kaiser Plaza, Suite 505
Oakland, California 94612
510/451-1580 Fax 510/451-3797

AN Real

Wate)

Certified Shorthand Reporters=

INDE X

EXAMINATION BY MR. DUKELOW 12

oO ON ODO mH FP we NH

—

44 EXHIBITS
12 | PLAINTIFF'S PAGE
13 A Document entitled "Notice of 8

Taking Trial Preservation
14 Testimony"

AIKEN & WELCH REPORTERS ALBERT RICE 11-8-05TRIAL PRESERVATION TESTIMONY OF ALBERT RICE

BE IT REMEMBERED, that pursuant to Notice, and
on.the 8th day of November 2005, commencing at the hour
of 10:28 a.m. at the Courtyard Marriott, 175 Railroad
Street, Santa Rosa, California, before me, TERRI A.
PARODI, a Certified Shorthand Reporter, personally
appeared ALBERT RICE, produced as a witness in said
action, and being by me first duly sworn, was thereupon

examined as a witness in said cause.

---000---

DOUGLAS DUKELOW, Brayton & Purcell, 222 Rush
Landing Road, Novato, California 94948-6169, appeared
on behalf of the Plaintiff.

KATHERINE VILCHEZ, Filice, Brown, Eassa &
McLeod, 1999 Harrison Street, 18th Floor, Oakland,
California 94612-3541, appeared on behalf of the

Defendant General Motors Corporation.

ROBERT B. CLEVENGER, Gordon & Rees, 275 Battery
Street, 20th Floor, San Francisco, California 94111,

appeared on behalf of the Defendant Ingersoll-Rand.

AIKEN & WELCH REPORTERS ALBERT RICE 11-8-05=

oO oC OWN DOD oO fF BY NY

ROBERT OCA, Haight, Brown & Bonesteel, 100 Bush
Street, 27th Floor, San Francisco, California
94104-3967, appeared on behalf of the Defendant

International Truck & Engine Corporation.

STEVEN ALAN BELLOCK, Adams, Nye, Sinunu, Bruni
& Becht, 222 Kearny Street, 7th Floor, San Francisco,
California 94111, appeared on behalf of the Defendant

Center State Pipe and Supply Company.

DENISE M. McGORRIN, Pond, North, 450 Sansome
Street, Suite 1200, San Francisco, California 94111,
appeared on behalf of the Defendants Bell Industries,

Inc., and Sears, Roebuck and Company.

SHELLEY K. TINKOFF, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behalf of the Defendants

Metalclad, Schutte Koerting, and Bucyrus International.

BRENDAN J. TUOHY, Knox, Ricksen, 1300 Clay
Street, Suite 500, Oakland, California 94612, appeared
on behalf of the Defendants Leslie Controls, Inc., and

Allis-Chalmers Corporation Product Liability Trust.

AIKEN & WELCH REPORTERS ALBERT RICE 411-8-05on

DANA L. BURCH, Walsworth, Franklin, Bevins &
McCall, 550 Montgomery Street, 8th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, a division of Aqua-Chem,
Thomas Dee Engineering Company, Scott Labs, and S.B.

Decking, Inc.

MICHAEL BOLAND, Imai, Tadlock, Keeney &
Cordery, 185 Berry Street, Suite 4300, San Francisco,
California 94107, appeared on behalf of the Defendant

American International Supply.

BRIAN H. BUDDELL, Brydon, Hugo & Parker, 135
Main Street, 20th Floor, San Francisco, California
94105, appeared on behalf of the Defendants Dana

Corporation and Union Carbide Corporation.

TRINA CLAYTON, Howard, Rome, Martin & Ridley,
1775 Woodside Road, Suite 200, Redwood City, California
94061-3436, appeared on behalf of the Defendant IMO

Industries.

WILLIAM P. BURANICH, Lewis, Brisbois, Bisgaard
& Smith, One Samsome Street, Suite 1400, San Francisco,

California 91404, appeared on behalf of the Defendant

AIKEN & WELCH REPORTERS ALBERT RICE 11-8-05=

oo ao NH OD NH FF WD NY

Cooper-Cameron Corporation.

MEEGAN MOLONEY, Lewis, Brisbnois, Bisgaard &
Smith, 221 N. Figueora Street, Suite 1200, Los Angeles,
California 90021, telephonically appeared on behalf of

the Defendant Superior Lidgerwood Mundy.

KELLY DRUMM, Barg, Coffin, Lewis & Trapp, One
Market, Steuart Tower, Suite 2700, San Francisco,
California 94505-1475, telephonically appeared on
behalf of the Defendant Alstom Power, Inc.

DENISE SERRA, McNamara, Dodge, Ney, Beatty,
Slattery & Pfalzer, 1211 Newell Avenue, Suite 202,
Walnut Creek, California 94596, telephonically appeared
on behalf of the Defendants FMC Corporation, McNally

Corporation, and D.B. Riley.

STEVE WENOGRAD, Bassi, Martini, Edlin & Blum,
351 California Street, Suite 200, San Francisco,
California 94104, telephonically appeared on behalf of
the Defendant J. T. Thorpe & Son.

ALICE WANG, Poole & Schaffery, 445 S. Figueora
Street, Suite 2520, Los Angeles, California 90071,

telephonically appeared on behalf of the Defendant

AIKEN & WELCH REPORTERS ALBERT RICE 11-8-05a

Gardner Denver Incorporated.

JENNIFER SHODA, Morgan, Lewis & Bockius, One
Market, Spear Street Tower, San Francisco, California
94105, telephonically appeared on behalf of the

Defendant Grinnell Corporation.

KEVIN CLARKE, Glaspy & Glaspy, 100 Pringle
Avenue, Suite 750, Walnut Creek, California 94596,
telephonically appeared on behalf of the Defendant

Garlock Corporation.

THOMAS NOLAN, Jackson & Wallace, 55.Francisco
Street, 6th Floor, San Francisco, California 94133,
appeared on behalf of the Defendants Buffalo Pumps,

Crane Co., Robertson-Ceco, and Warren Pumps.

JEFF GILLESPIE, Burnham & Brown, 1901 Harrison
Street, 11th Floor, Oakland, California 94612, appeared
on behalf of the Defendant York International

Corporation.

AIKEN & WELCH REPORTERS ALBERT RICE 11-8-05(Document marked Plaintiff's Exhibit A for

identification.)

MR. DUKELOW: On the record. This is
plaintiffs’ counsel Douglas Dukelow from the law firm
of Brayton, Purcell, and plaintiffs are willing to
stipulate that an objection by one defendants shall be
deemed an objection by all defendants. Same shall
apply to a motion to strike, any stipulation, and
reservation of rights. This stipulation shall only
apply to parties actually represented by counsel in
attendance or appearing by phone in this trial
preservation.

Does anybody have any issues with that
stipulation?

MR. NOLAN: I will agree to it.

MS. VILCHEZ: Join.

THE VIDEOGRAPHER: Ready?

MR. DUKELOW: Go ahead.

THE VIDEOGRAPHER: Standby, please.

Good morning. This marks the beginning of
votume I, videotape one trial preservation testimony of
Albert Rice in the matter of Albert Rice versus
Asbestos Defendants in the Superior Court of
California, County of San Francisco, No. 444852.

Today's date is November 8th, 2005, and the time is

AIKEN & WELCH REPORTERS ALBERT RICE 11-8-05IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
---o00---

ALBERT RICE,

Plaintiff,
vs. No. 444852
ASBESTOS DEFENDANTS (BHC),

Defendants.

DEPOSITION OF ALBERT RICE

VOLUME I
(Pages 1 to 132)
Taken before TERRI A. PARODI, RPR
CSR No. 10424
November 9, 2005

One Kaiser Plaza, Suite 505
INikway| Oakland, California 4612
nl 510/451-1580 Fax 510/451-3797

Weal

Certified Shorthand ReportersEXAMINATION

EXAMINATION
EXAMINATION

EXAMINATION

EXAMINATION
EXAMINATION

EXAMINATION
EXAMINATION
EXAMINATION

BY

BY
BY

BY

BY
BY

BY
BY
BY

MS.

MR.
MS.

MR.

MR.
MR.

MR.
MS.
MS.

INDEX
VILCHEZ 10, 36,
92,

BELLOCK

McGORRIN 35, 74,

CLEVENGER 35,

BUDDELL 53,

NOLAN 76,
}

TUOHY

BURCH

DRUMM

76,

77,

89,
17,

81
90

90
117

79

92
129

91
91
92

AIKEN & WELCH REPORTERS

ALBERT RICE

14-9-05=

oo Mm NN OD oO RF WwW KN

my NM 2a os Be se Boe eS RB
=~ oc © OA NN Do fF Ww NY =

22
23
24
25

PLAINTIFE'S

4

DEFENDANTS '

EXHIBITS

Document entitled "Response
to Defendants’ Notice of
Taking Discovery

Deposition and Production
of Documents at Deposition”

List of medications

Document entitled “Notice
of Taking Discovery
Deposition and Request
for Production of
Documents"

Document entitled
"Honorable Discharge”

130

AIKEN & WELCH REPORTERS ALBERT RICE

11-9-05~

oOo ODN OD oN F&F WwW YN

DEPOSITION OF ALBERT RICE

BE IT REMEMBERED, that pursuant to Notice, and
on the 9th day of November 2005, commencing at the hour
of 11:06 a.m. at the Courtyard Marriott, 175 Ratiroad
Street, Santa Rosa, California, before me, TERRI A.
PARODI, a Certified Shorthand Reporter, personally
appeared ALBERT RICE, produced as a witness in said
action, and being by me first duly sworn, was thereupon

examined as a witness in said cause.
---000---

DOUGLAS: DUKELOW, Brayton & Purcell, 222 Rush
Landing Road, Novato, California 94948-6169, appeared
on behalf of the Plaintiff.

KATHERINE VILCHEZ, Filice, Brown, Eassa &
McLeod, 1999 Harrison Street, 18th Floor, Oakland,
California 94612-3541, appeared on behalf of the

Defendant General Motors Corporation.

ROBERT B. CLEVENGER, Gordon & Rees, 275 Battery
Street, 20th Floor, San Francisco, California 94111,

appeared on behalf of the Defendant Ingersoll-Rand.

AIKEN & WELCH REPORTERS ALBERT RICE 11-9-05=

oo ON DO FF WO NN

ROBERT OCA, Haight, Brown & Bonesteel, 100 Bush
Street, 27th Floor, San Francisco, California
94104-3967, appeared on behalf of the Defendant

International Truck & Engine Corporation.

STEVEN ALAN BELLOCK, Adams, Nye, Sinunu, Bruni
& Becht, 222 Kearny Street, 7th Floor, San Francisco,
California 94111, appeared on behalf of the Defendant

Center State Pipe and Supply Company.

DENISE M. McGORRIN, Pond, North, 450 Sansome
Street, Suite 1200, San Francisco, California 94111,
appeared on behalf of the Defendants Bell Industries,

Inc., and Sears, Roebuck and Company.

SHELLEY K. TINKOFF, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, telephonically appeared on behalf of
the Defendants Metalclad, Schutte Koerting, and Bucyrus

International.

BRENDAN J. TUOHY, Knox, Ricksen, 1300 Clay
Street, Suite 500, Oakland, California 94612, appeared
on behalf of the Defendants Leslie Controls, Inc., and

Allis-Chalmers Corporation Product Liability Trust.

AIKEN & WELCH REPORTERS ALBERT RICE 11-9-05DANA L. BURCH, Walsworth, Franklin, Bevins &
McCall, 550 Montgomery Street, 8th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, a division of Aqua-Chem,
Thomas Dee Engineering Company, Scott Labs, Inc., and

S.B. Decking, Inc.

MICHAEL BOLAND, Imai, Tadlock, Keeney &
Cordery, 185 Berry Street, Suite 4300, San Francisco,
California 94107, appeared on behalf of the Defendant

American International Supply.

BRIAN H. BUDDELL, Brydon, Hugo & Parker, 135
Main Street, 20th Floor, San Francisco, California
94105, appeared on behalf of the Defendants Dana

Corporation and Union Carbide Corporation.

TRINA CLAYTON, Howard, Rome, Martin & Ridley,
1775 Woodside Road, Suite 200, Redwood City, California
94061-3436, appeared on behalf of the Defendant IMO

Industries.

AIKEN & WELCH REPORTERS ALBERT RICE 411-9-05oN @ om FB WO N

WILLIAM P. BURANICH, Lewis, Brisbois Bisgaard &
Smith, One Sansome Street, Suite 1400, San Francisco,
California 91404, appeared on behalf of the Defendant

Cooper-Cameron Corporation.

MEEGAN MOLONEY, Lewis, Brisbois, Bisgaard &
Smith, 221 N. Figueora Street, Suite 1200, Los Angeles,
California 90021, telephonically appeared on behalf of

the Defendant Superior Lidgerwood Mundy.

KELLY DRUMM, Barg, Coffin, Lewis & Trapp, One
Market, Steuart Tower, Suite 2700, San Francisco,
California 94505-1475, telephonically appeared on

behalf of the Defendant Alstom Power, Inc.

DENISE SERRA, McNamara, Dodge, Ney, Beatty,
Slattery & Pfalzer, 1211 Newell Avenue, Suite 202,
Walnut Creek, California 94596, telephonically appeared
on behalf of the Defendants FMC Corporation, McNally

Corporation, and D.B. Ritey.

STEVE WENOGRAD, Bassi, Martini, Edlin & Blum,
351 California Street, Suite 200, San Francisco,
California 94104, telephonically appeared on behalf of
the Defendant J. T. Thorpe & Son.

AIKEN & WELCH REPORTERS ALBERT RICE 11-9-05nA B&B WwW NY

ALICE WANG, Poole & Schaffery, 445 S. Figueora
Street, Suite 2520, Los Angeles, California 90071,
telephonically appeared on behalf of the Defendant

Gardner Denver Incorporated.

JENNIFER SHODA, Morgan, Lewis & Bockius, One
Market, Spear Street Tower, San Francisco, California
94105, telephonically appeared on behalf of the

Defendant Grinnell Corporation.

KEVIN CLARKE, Glaspy & Glaspy, 100 Pringle
Avenue, Suite 750, Walnut Creek, California 94596,
telephonically appeared on behalf of the Defendant

Garlock Corporation.

THOMAS NOLAN, Jackson & Wallace, 55 Francisco
Street, 6th Floor, San Francisco, California 941433,
appeared on behalf of the Defendants Buffalo Pumps,

Crane Co., Robertson-Ceco, and Warren Pumps.

JEFF GILLESPIE, Burnham & Brown, 1901 Harrison
Street, 11th Floor, Oakland, California 94612,
telephonically appeared on behalf of the Defendant York

International Corporation.

AITKEN & WELCH REPORTERS ALBERT RICE 11-9-05CARINA ZARAGOZA, Selman & Breitman, 33 New

Montgomery Street, 6th Floor, San Francisco, California

94104, appeared on behalf of the Defendant H.B.

Fuller.

AIKEN & WELCH REPORTERS ALBERT RICE

11-9-05Oo 2 6 N DO FF Ww YY =

=

10

(Document marked Plaintiff's Exhibit 1 for
identification.)
ALBERT RICE,
sworn as a witness,
testified as follows:

EXAMINATION BY MS. VILCHEZ:

Q. Good morning, sir. I introduced myself off the
record. My name is Katherine Vilchez, and I will be
asking you the bulk of the questions at least at the
beginning of this deposition. Okay?

A. Okay.

Q. All right. Please state your full name and
spell it for the record, sir.

A. Albert Henry Rice, A-1-b-e-r-t, H-e-n-r-y,
R-i-c-e.

Q. Thank you, sir. Have you taken any medications
in the last 24 hours?

A. Yes.

Q. Okay. I believe you gave us a list of
medications and I'm going to attach this as Defendants’
Exhibit A and I'm going to spell and read them off for
everyone here. You take folic acid one milligram once
a day?

A. Yes.

Q. Low dose aspirin 81 milligrams once a day?

AIKEN & WELCH REPORTERS ALBERT RICE 11-9-05=

oclUmUMDmlmUlUMOUN UO BN

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

---o000---

ALBERT RICE, CO PY

Plaintiff,
vs. No. 444852
ASBESTOS DEFENDANTS (BHC),

Defendants.

DEPOSITION OF ALBERT RICE

VOLUME II
(Pages 133 to 267)

Taken before TERRI A. PARODI, RPR
CSR No. 10424
November 10, 2005

E One Kaiser Plaza, Suite 505
AY i Oakland, California 94612
pa 540/451-1580 Fax $10/451-3797

AWelea

Certified Shorthand ReportersN

oO oe FPN DOH eH

EXAMINATION

EXAMINATION
EXAMINATION
EXAMINATION

EXAMINATION
EXAMINATION
EXAMINATION
EXAMINATION
EXAMINATION

BY

BY
BY
BY

BY
BY
BY
BY
BY

MS.

MS.
MS.
MR.

MS.
MR.
MR.
MR.
MR.

INDEX

VILCHEZ 140, 208,
222,

BURCH 203,

SHETABI 204, 238,

CLEVENGER 205, 208,
260,

CLAYTON 211, 239,

TUOHY

BELLOCK 219, 239,

CLARKE

NOLAN

NO EXHIBITS MARKED

134

AIKEN & WELCH REPORTERS

ALBERT RICE

14-10-05oe DN ODO HW BF WwW HY =

=

135

DEPOSITION OF ALBERT RICE

BE IT REMEMBERED, that pursuant to Notice, and
on the 10th day of November 2005, commencing at the
hour of 10:03 a.m. at the Courtyard Marriott, 175
Railroad Street, Santa Rosa, California, before me,
TERRI A. PARODI, a Certified Shorthand Reporter,
personally appeared ALBERT RICE, produced as a witness
in said action, and being by me previously duly sworn,

was thereupon examined as a witness in said cause.
~--000---

DOUGLAS DUKELOW, Brayton & Purcell, 222 Rush
Landing Road, Novato, California 94948-6169, appeared
on behalf of the Plaintiff.

KATHERINE VILCHEZ, Filice, Brown, Eassa &
McLeod, 1999 Harrison Street, 18th Floor, Oakland,
California 94612-3541, appeared on behalf of the

Defendant General Motors Corporation.

ROBERT B. CLEVENGER, Gordon & Rees, 275 Battery
Street, 20th Floor, San Francisco, California 941171,

appeared on behalf of the Defendant Ingersoll-Rand.

AIKEN & WELCH REPORTERS ALBERT RICE 11-10-05ooo UlmOmlUNGN OOOO BOON

2a 8 es we ew oe me
N DO TO FB WwW NH =

18
19
20
241
22
23
24
25

136

ROBERT OCA, Haight, Brown & Bonesteel, 100 Bush
Street, 27th Floor, San Francisco, California
94104-3967, telephonically appeared on behalf of the

Defendant International Truck & Engine Corporation.

STEVEN ALAN BELLOCK, Adams, Nye, Sinunu, Bruni
& Becht, 222 Kearny Street, 7th Floor, San Francisco,
California 94111, appeared on behalf of the Defendant
Center State Pipe and Supply Company.

DENISE M. McGORRIN, Pond, North, 450 Sansome
Street, Suite 1200, San Francisco, California 94111,
appeared on behalf of the Defendants Bell Industries,

Inc., and Sears, Roebuck and Company.

SHELLEY K. TINKOFF, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behalf of the Defendants

Metalclad, Schutte Koerting, and Bucyrus International.

BRENDAN J. TUOHY, Knox, Ricksen, 1300 Clay
Street, Suite 500, Oakland, California 94612, appeared
on behalf of the Defendants Leslie Controls, Inc., and

Allis-Chalmers Corporation Product Liability Trust.

AIKEN & WELCH REPORTERS ALBERT RICE ‘ 11-10-05137

DANA L. BURCH, Walsworth, Franklin, Bevins &
McCal?, 550 Montgomery Street, 8th Floor, San
Francisco, Catifornia 94111, appeared on behalf of the
Defendants Cleaver-Brooks, a division of Aqua-Chem,

Thomas Dee Engineering Company, and S.B. Decking, Inc.

MICHAEL BOLAND, Imai, Tadiock, Keeney &
Cordery, 185 Berry Street, Suite 4300, San Francisco,
California 94107, appeared on behalf of the Defendant

American International Suppty.

BRIAN H. BUDDELL, Brydon, Hugo & Parker, 135
Main Street, 20th Floor, San Francisco, California
94105, appeared on behalf of the Defendants Dana

Corporation and Union Carbide Corporation.

TRINA CLAYTON, Howard, Rome, Martin & Ridley,
1775 Woodside Road, Suite 200, Redwood City, California
94061-3436, appeared on behalf of the Defendant IMO

Industries.

PEGAH SHETABI, Lewis, Brisbois, Bisgaard &
Smith, One Sansome Street, Suite 1400, San Francisco,
California 91404, appeared on behalf of the Defendant

Cooper-Cameron Corporation.

AIKEN & WELCH REPORTERS ALBERT RICE 11-10-05oO 7m nN DW HO fF WwW NH =

aa
oO om nt D FF fF Ww HY | CO

20
21
22
23
24
25

138

MEEGAN MOLONEY, Lewis, Brisbois, Bisgaard &
Smith, 221 N. Figueora Street, Suite 1200, Los Angeles,
California 90021, telephonically appeared on behalf of

the Defendant Superior Lidgerwood Mundy.

KELLY DRUMM, Barg,. Coffin, Lewis & Trapp, One
Market, Steuart Tower, Suite 2700, San Francisco,
Catifornia 94505-1475, telephonically appeared on

behalf of the Defendant Alstom Power, Inc.

DENISE SERRA, McNamara, Dodge, Ney, Beatty,
Slattery & Pfalzer, 1211 Newel] Avenue, Suite 202,
Walnut Creek, California 94596, telephonically appeared
on behalf of the Defendants FMC Corporation, McNally

Corporation, and D.B. Riley.

STEVE WENOGRAD, Bassi, Martini, Edlin & Blum,
351 California Street, Suite 200, San Francisco,
California 94104, telephonically appeared on behalf of
the Defendant J. T. Thorpe & Son.

ALICE WANG, Poole & Schaffery, 445 S. Figueora
Street, Suite 2520, Los Angeles, California 90071,
telephonically appeared on behalf of the Defendant

Gardner Denver, Incorporated.

AIKEN & WELCH REPORTERS ALBERT RICE 11-10-05nN

oO oC MO NN OD oO BF w

139

MITCH LOWE, Morgan, Lewis & Bockius, One
Market, Spear Street Tower, San Francisco, California
94105, telephonically appeared on behalf of the

Defendant Grinnell Corporation.

KEVIN CLARKE, Glaspy & Glaspy, 100 Pringle
Avenue, Suite 750, Walnut Creek, California 94596,
telephonically appeared on behalf of the Defendant

Garlock Corporation.

THOMAS NOLAN, Jackson & Wallace, 55 Francisco
Street, 6th Floor, San Francisco, California 94133,
telephonically appeared on behalf of the Defendants
Buffalo Pumps, Crane Co., Robertson-Ceco, and Warren

Pumps.

JEFF GILLESPIE, Burnham & Brown, 1901 Harrison
Street, 11th Floor, Oakland, California 94612,
telephonically appeared on behalf of the Defendant York

International Corporation.

CARINA ZARAGOZA, Selman & Breitman 33 New
Montgomery Street, 6th Floor, San Francisco, California

94104, appeared on behalf of the Defendant H.B. Fuller.

AIKEN & WELCH REPORTERS ALBERT RICE 41-10-05oOo ODN DO ek Be SP

a os
=

140

ALBERT RICE,
sworn as a witness,
testified as follows:
MS. VILCHEZ: Let's go back on the record.
EXAMINATION BY MS. VILCHEZ:

Q. I will say good morning on the record now.
Gocd morning, Mr. Rice. How are you feeling?

A. Fine.

Q. Good. Are you ready to continue with your
deposition?

A. Yes.

Q. Is there any reason you feel like you would not
be able to give your best testimony today?

A. No.

Q. You're okay?

A. Okay.

Q. There were two pain medications listed and I
didn't ask you this yesterday on the meds that you gave
me a list of. Have you taken either of those in the
last 12 hours? Do you know which ones I’m speaking --

A. No.

Q. Okay, good. Sir, we were talking about your
time spent aboard the USS HICKOX. I would like to talk
about your duties aboard the HICKOX. You were

initially a fireman aboard the HICKOX, correct?

AIKEN & WELCH REPORTERS ALBERT RICE 11-10-05=

oo oO NN OOOH RF BSN

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
---o000---
ALBERT RICE, COF OPY
Plaintiff,
vs. No. 444852
ASBESTOS DEFENDANTS (BHC),

Defendants.

DEPOSITION OF ALBERT RICE
VOLUME III

(Pages 268 to 452)
Taken before TERRI A. PARODI, RPR
CSR No. 10424
November 14, 2005

One Kaiser Plaza, Suite 505
Oakland, California 94612
Ph 510-451-1580

Fax 510-451-3797
www.aikenweich.com

Pv la)
A Vela

eel ag
Laat=

oOo MON OD HO FB WN

EXAMINATION

EXAMINATION

EXAMINATION

EXAMINATION
EXAMINATION
EXAMINATION
EXAMINATION

EXAMINATION
EXAMINATION

BY

MS.

369,

BY

BY

BY
BY
BY
BY

BY
BY

MR.

MR.

MS.
MS.
MR.
MS.

MR.
MS.

INDEX
VILCHEZ 275, 281,
379, 381, 399, 402, 416,
CLEVENGER 279, 336,
412, 432,
BELLOCK 286, 377,
BURCH — 322,
ZARAGOZA 327, 359,
MARSELLA
SHETABI 378, 415,
SMITH 366,
WANG

NO EXHIBITS MARKED

269

AIKEN & WELCH REPORTERS

ALBERT RICE

11-14-05=a

oOo ON OOUlUlUDPUBUUDN

270

DEPOSITION OF ALBERT RICE

BE IT REMEMBERED, that pursuant to Notice, and
on the 14th day of November 2005, commencing at the
hour of 10:04 a.m. at the Courtyard Marriott, 175
Railroad Street, Santa Rosa, California, before me,
TERRI A. PARODI, a Certified Shorthand Reporter,
personally appeared ALBERT RICE, produced as a witness
in said action, and being by me previously duly sworn,

was thereupon examined as a witness in said cause.
---o000---

DOUGLAS DUKELOW, Brayton & Purcell, 222 Rush
Landing Road, Novato, California 94948-6169, appeared
on behalf of the Plaintiff.

KATHERINE VILCHEZ, Filice, Brown, Eassa &
McLeod, 1999 Harrison Street, 18th Floor, Oakland,
California 94612-3541, appeared on behalf of the

Defendant General Motors Corporation.

ROBERT B. CLEVENGER, Gordon & Rees, 275 Battery
Street, 20th Floor, San Francisco, California 94111,

appeared on behalf of the Defendant Ingersoll-Rand.

AIKEN & WELCH REPORTERS ALBERT RICE 11-14-05=

CoO OWN OOF Fk WO YN

271

PHILIP SMITH, Haight, Brown & Bonesteel, 100
Bush Street, 27th Floor, San Francisco, California
94104-3967, telephonically appeared on behalf of the

Defendant International Truck & Engine Corporation.

STEVEN ALAN BELLOCK, Adams, Nye, Sinunu, Bruni
& Becht, 222 Kearny Street, 7th Floor, San Francisco,
California 94111, appeared on behalf of the Defendant
Center State Pipe and Supply Company.

DENISE M. McGORRIN, Pond, North, 450 Sansome
Street, Suite 1200, San Francisco, California 94111,
appeared on behalf of the Defendants Bell Industries,

Inc., and Sears, Roebuck and Company.

SHELLEY K. TINKOFF, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behalf of the Defendants

Metalclad, Schutte Koerting, and Bucyrus International.

ED ROBLES, Knox, Ricksen, 1300 Clay Street,
Suite 500, Oakland, California 94612, telephonically
appeared on behalf of the Defendants Leslie Controls,
Inc., and Allis-Chalmers Corporation Product Liability

Trust.

AIKEN & WELCH REPORTERS ALBERT RICE 14-14-05oOo DN Oo FF WO NMS SK

=

272

DANA L. BURCH, Walsworth, Franklin, Bevins &
McCall, 550 Montgomery Street, 8th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, a division of Aqua-Chem,
Thomas Dee Engineering Company, Scott Labs, and S.B.

Decking, Inc.

JOHN CHOW, Imai, Tadlock, Keeney & Cordery, 185
Berry Street, Suite 4300, San Francisco, California
94107, appeared on behaif of the Defendant American
International Supply.

VINCENT W. MARSELLA, Brydon, Hugo & Parker, 135
Main Street, 20th Floor, San Francisco, California
94105, appeared on behalf of the Defendants Dana

Corporation and Union Carbide Corporation.

MICHELLE YOUNG, Howard, Rome, Martin & Ridley,
1775 Woodside Road, Suite 200, Redwood City, California
94061-3436, telephonically appeared on behalf of the
Defendant IMO Industries.

AIKEN & WELCH REPORTERS ALBERT RICE 11-14-05=

0 Oo DWN DO oO FF WY FY

273

PEGAH SHETABI, Lewis, Brisbois Bisgaard &
Smith, One Sansome Street, Suite 1400, San Francisco,
California 91404, appeared on behalf of the Defendant

Cooper-Cameron Corporation.

MEEGAN MOLONEY, Lewis, Brisbois, Bisgaard &
Smith, 221 N. Figueora Street, Suite 1200, Los Angeles,
California 90021, telephonically appeared on behalf of

the Defendant Superior Lidgerwood Mundy.

KELLY DRUMM, Barg, Coffin, Lewis & Trapp, One
Market, Steuart Tower, Suite 2700, San Francisco,
California 94505-1475, telephonically appeared on

behalf of the Defendant Alstom Power, Inc.

DENISE SERRA, McNamara, Dodge, Ney, Beatty,
Slattery & Pfalzer, 1211 Newell Avenue, Suite 202,
Walnut Creek, California 94596, telephonically appeared
on behalf of the Defendants FMC Corporation, McNally

Corporation, and D.B. Riley.

STEVE WENOGRAD, Bassi, Martini, Edlin & Blum,
351 California Street, Suite 200, San Francisco,
California 94104, telephonically appeared on behalf of
the Defendant J. T. Thorpe & Son.

AIKEN & WELCH REPORTERS ALBERT RICE 11-14-05oOo DN OO FF WwW YY =

a

274

ALICE WANG, Poole & Schaffery, 445 S. Figueora
Street, Suite 2520, Los Angeles, California 90071,
telephonically appeared on behalf of the Defendant

Gardner Denver, Incorporated.

JENNIFER SHODA, Morgan, Lewis & Bockius, One
Market, Spear Street Tower, San Francisco, California
94105, telephonically appeared on behalf of the

Defendant Grinnell Corporation.

THOMAS NOLAN, Jackson & Wallace, 55 Francisco
Street, 6th Floor, San Francisco, California 94133,
appeared on behalf of the Defendants Buffalo Pumps,

Crane Co., Robertson-Ceco, and Warren Pumps.

HEATHER CLEMMENSEN, Burnham & Brown, 1901
Harrison Street, 14th Floor, Oakland, California 94612,
telephonically appeared on behalf of the Defendant York

International Corporation.

CARINA ZARAGOZA, Selman & Breitman 33 New
Montgomery Street, 6th Floor, San Francisco, California

94104, appeared on behalf of the Defendant H.B. Fuller.

AIKEN & WELCH REPORTERS ALBERT RICE 11-14-05oclUchUwOmUlUCOMWUN UL OULU NS

=

275

ALBERT RICE,
sworn as a witness,
testified as follows:

EXAMINATION BY MS. VILCHEZ:

Q. Good morning, Mr. Rice.
Good morning.

How are you feeling today?
A little tired.

_Are you okay to continue with your deposition?

PrP OD FP D >

Yes.

Q. Okay. Is there any reason you feel like you
will not be able to give your best testimony? Is there
any reason you feel like you won't be able to give your
best testimony today?

A. No.

Q. Okay, good. Have you taken any pain medication
in the Jast 24 hours?

No.

So you got discharged from the Navy, correct?
Yes.

Where did you get discharged?

Newport, Rhode Island.

Did you know your wife at this point?

No.

oD Fr DF DF BY

When did you met her? How long after you were

AIKEN & WELCH REPORTERS ALBERT RICE 11-14-05-“

oloOolmUlUOMUN UU BOUND

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

---000--- :
ALBERT RICE . CO DY
Plaintiff,
vs. No. 444852

ASBESTOS DEFENDANTS (BHC),

Defendants.

DEPOSITION OF ALBERT RICE

Volume IV
(Pages 453 to 496)
Taken before TERRI A. PARODI, RPR
CSR No. 10424
November 15, 2005

One Kaiser Plaza, Suite 505
Oakland, California 94612
Ph 510-451-1580

Fax 510-451-3797
www.aikenwelch.com

PN)
Veda

Le
ciate Sats=

oOo ON OD OO Fe ON

EXAMINATION BY MS.
EXAMINATION BY MR.
EXAMINATION BY MR.
EXAMINATION BY MS.

INDEX

VILCHEZ
BELLOCK
CLEVENGER
SHETABI

NO EXHIBITS

MARKED

454

AIKEN & WELCH REPORTERS

ALBERT RICE

14-15-05+

oo oOo ODN OD oO BR WH YN

=

455

DEPOSITION OF ALBERT RICE

BE IT REMEMBERED, that pursuant to Notice, and
on the 15th day of November 2005, commencing at the
hour of 10:06 a.m. at the Courtyard Marriott, 175
Railroad Street, Santa Rosa, California, before me,
TERRI A. PARODI, a Certified Shorthand Reporter,
personally appeared ALBERT RICE, produced as a witness
in said action, and being by me previously duly sworn,

was thereupon examined as a witness in said cause.
---o000---

DOUGLAS DUKELOW, Brayton & Purcell, 222 Rush
Landing Road, Novato, California 94948-6169, appeared
on behalf of the Plaintiff.

KATHERINE VILCHEZ, Filice, Brown, Eassa &
McLeod, 1999 Harrison Street, 18th Floor, Oaktand,
California 94612-3541, appeared on behalf of the

Defendant General Motors Corporation.

ROBERT B. CLEVENGER, Gordon & Rees, 275 Battery
Street, 20th Floor, San Francisco, California 94111,

appeared on behalf of the Defendant Ingersoll-Rand.

AIKEN & WELCH REPORTERS ALBERT RICE 11-15-05=

oo ON OOM BO N

456

ROBERT OCA, Haight, Brown & Bonesteel, 100 Bush
Street, 27th Floor, San Francisco, California
94104-3967, appeared on behalf of the Defendant

International Truck & Engine Corporation.

STEVEN ALAN BELLOCK, Adams, Nye, Sinunu, Bruni
& Becht, 222 Kearny Street, 7th Floor, San Francisco,
California 94111, appeared on behalf of the Defendant
Center State Pipe and Supply Company.

DENISE M. McGORRIN, Pond, North, 450 Sansome
Street, Suite 1200, San Francisco, California 94111,
appeared on behalf of the Defendants Bell Industries,

Inc., and Sears, Roebuck and Company.

SHELLEY K. TINKOFF, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, appeared on behalf of the Defendants

Metatclad, Schutte Koerting, and Bucyrus International.

DAVID CROWE, Knox, Ricksen, 1300 Clay Street,
Suite 500, Oakland, California 94612, telephonically
appeared on behalf of the Defendants Leslie Controls,
Inc., and Allis-Chalmers Corporation Product Liability

Trust.

AIKEN & WELCH REPORTERS ALBERT RICE 11-15-05=

oO MON DOD OH eB BW ND

SB oa sw ae oa a so
a oo fF Ww NY =

17
18
19
20
21
22
23
24
25

A457

DANA L. BURCH, Walsworth, Franktin, Bevins &
McCall, 550 Montgomery Street, 8th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, a division of Aqua-Chem,
Thomas Dee Engineering Company, Scott Labs, and S.B.

Decking, Inc.

JOHN CHOW, Imai, Tadlock, Keeney & Cordery, 185
Berry Street, Suite 4300, San Francisco, California
94107, appeared on behalf of the Defendant American

International Supply.

VINCENT MARSELLA, Brydon, Hugo & Parker, 135
Main Street, 20th Floor, San Francisco, California
94105, appeared on behalf of the Defendants Dana

Corporation and Union Carbide Corporation.

NAOMI FRIBOURG, Howard, Rome, Martin & Ridley,
1775 Woodside Road, Suite 200, Redwood City, California
94061-3436, telephonically appeared on behalf of the
Defendant IMO Industries.

AIKEN & WELCH REPORTERS ALBERT RICE 11-15-05=

oO Oo FN DO HF Fe YO NN

458

PEGAH SHETABI, Lewis, Brisbois Bisgaard &
Smith, One Sansome Street, Suite 1400, San Francisco,
California 91404, appeared on behalf of the Defendant

Cooper-Cameron Corporation,

MEEGAN MOLONEY, Lewis, Brisbois, Bisgaard &
Smith, 221 N. Figueora Street, Suite 1200, Los Angeles,
California 90021, telephonically appeared on behalf of
the Defendant Superior Lidgérwood Mundy.

BRETT HENRIKSEN, Barg, Coffin, Lewis & Trapp,
One Market, Steuart Tower, Suite 2700, San Francisco,
California 94505-1475, telephonically appeared on
behalf of the Defendant Alstom Power, Inc.

DENISE SERRA, McNamara, Dodge, Ney, Beatty,
Slattery & Pfalzer, 1211 Newell Avenue, Suite 202,
Walnut Creek, California 94596, telephonically appeared
on behalf of the Defendants FMC Corporation, McNally

Corporation, and D.B. Riley.

STEVE WENOGRAD, Bassi, Martini, Edlin & Blum,
351 California Street, Suite 200, San Francisco,
California 94104, telephonically appeared on behalf of
the Defendant J. T. Tharpe & Son.

AIKEN & WELCH REPORTERS ALBERT RICE 11-15-05oo ON DOD oO FF BW HY =

=

459

ALICE WANG, Poole & Schaffery, 445 S. Figueora
Street, Suite 2520, Los Angeles, California 90071,
telephonically appeared on behalf of the Defendant

Gardner Denver, Incorporated.

JENNIFER SHODA, Morgan, Lewis & Bockius, One
Market, Spear Street Tower, San Francisco, California
94105, telephonically appeared on behalf of the

Defendant Grinnell Corporation.

THOMAS NOLAN, Jackson & Wallace, 55 Francisco
Street, 6th Floor, San Francisco, California 94133,
appeared on behalf of the Defendants Buffalo Pumps,

Crane Co., Robertson-Ceco, and Warren Pumps.

HEATHER CLEMMENSEN, Burnham & Brown, 1901
Harrison Street, 11th Floor, Oakland, California 94612,
appeared on behalf of the Defendant York International

Corporation.

CARINA ZARAGOZA, Selman & Breitman 33 New
Montgomery Street, 6th Floor, San Francisco, California

94104, appeared on behalf of the Defendant H.B. Fuller.

AIKEN & WELCH REPORTERS ALBERT RICE 11-15-05=

oo OWN OW ON OF WYN

460

ALBERT RICE,
sworn as a witness,
testified as follows:
MS. VILCHEZ: Let's go on the record.
EXAMINATION BY MS. VILCHEZ:

Q. Good morning, Mr. Rice.

A. Good morning.

Q. How are you feeling today?

A. Okay, I guess.

Q. Okay. Are you ready to continue your
deposition?

A. Yes.

Q. Is there any reason you feel like you will not
be able to give your best testimony?

A. No.

Q. Have you taken any pain medication in the last
24 hours?

A. No.

Q. Okay, sir. Let's continue. We have been
spending several days talking about your Navy career
and your employment career, and I was wondering after
talking about this have you remembered any other
employers or job sites that you worked at that we have
not already discussed?

A. No.

AIKEN & WELCH REPORTERS ALBERT RICE 11-15-054 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF SAN FRANCISCO
3 ---000---
4 | ALBERT RICE, COPY
5 Plaintiff, u
6 vs. No. 444852
7 ASBESTOS DEFENDANTS (BHC),
8 Defendants.
9 /
10
11
12
| 13 DEPOSITION OF ALBERT RICE
14 Volume V
15 (Pages 497 to 613)
16 Taken before TERRI A. PARODI, RPR
17 CSR No. 10424
18 November 16, 2005
19 ‘
20
21
22
23
24 , One Kaiser Plaza, Suite 505
PMY) = Oakland, California 94612
25 ATi fe Cet al Ph 510-451-1580
tag Fax 510-451-3797
ane www.aikenwelch.com498

4 INDEX
2 PAGE
3 EXAMINATION BY MS. VILCHEZ 504, 517, 524

529, 595
‘ EXAMINATION BY MR. MARSELLA 511, 537
° EXAMINATION BY MR. BELLOCK 512, 536
° EXAMINATION BY MR. CLEVENGER 513, 584, 593
7 EXAMINATION BY MR. NOLAN 522, 528, 574
6 EXAMINATION BY MS. SHETABI 523, 526, 529
9 530, 593
10 EXAMINATION BY MS. ZARAGOZA 535, 584
41 EXAMINATION BY MR. CHOW 541, 595
12 EXAMINATION BY MS. McGORRIN 544
13 EXAMINATION BY MS. BURCH 562, 592
44 EXAMINATION BY MS. MOLONEY 597
15 EXAMINATION BY MR. BORGIOTTI 598
16 EXAMINATION BY MS. TINKOFF 600
17 | EXAMINATION BY MR. YUEN 602
18 EXAMINATION BY MS. WANG 603
19 EXAMINATION BY MS. CLEMMENSEN 605
20 EXAMINATION BY MS. SHODA 606
21 EXAMINATION BY MS. SERRA 608
22
23
24 NO EXHIBITS MARKED
25

AIKEN & WELCH REPORTERS ALBERT RICE 14-46-05a

oo ON OOD OF DUN

=

499

DEPOSITION OF ALBERT RICE

BE IT REMEMBERED, that pursuant to Notice, and
on the 16th day of November 2005, commencing at the
hour of 10:09 a.m. at the Courtyard Marriott, 175
Railroad Street, Santa Rosa, California, before me,
TERRI A. PARODI, a Certified Shorthand Reporter,
personally appeared ALBERT RICE, produced as a witness
in said action, and being by me previously duly sworn,

was thereupon examined as a witness in said cause.
---o000---

DOUGLAS DUKELOW, Brayton & Purcell, 222 Rush
Landing Road, Novato, California 94948-6169, appeared
on behalf of the Plaintiff.

KATHERINE VILCHEZ, Filice, Brown, Eassa &
McLeod, 1999 Harrison Street, 18th Floor, Oakland,
California 94612-3541, appeared on behalf of the

| Defendant General Motors Corporation.

ROBERT B. CLEVENGER, Gordon & Rees, 275 Battery
Street, 20th Floor, San Franctsco, California 94111,

appeared on behalf of the Defendant Ingersoll-Rand.

AIKEN & WELCH REPORTERS ALBERT RICE 11-16-05=

oo DN OOtlUlULR,DLULULULDN

500

STEVEN ALAN BELLOCK, Adams, Nye, Sinunu, Bruni
& Becht, 222 Kearny Street, 7th Floor, San Francisco,
California 94111, appeared on behalf of the Defendant

Center State Pipe and Supply Company.

DENISE M. McGORRIN, Pond, North, 450 Sansome
Street, Suite 1200, San Francisco, California 94111,
appeared on behalf of the Defendants Bell Industries,

Inc., and Sears, Roebuck and Company.

SHELLEY K. TINKOFF, McKenna, Long & Aldridge,
101 California Street, 41st Floor, San Francisco,
California 94111, telephonically appeared on behalf of
the Defendants Metalclad, Schutte Koerting, and Bucyrus

International.

ROGER YUEN, Knox, Ricksen, 1300 Clay Street,
Suite 500, Oakland, California 94612, telephonically
appeared on behalf of the Defendants Leslie Controls,
Inc., and Allis-Chalmers Corporation Product Liability

Trust.

AIKEN & WELCH REPORTERS ALBERT RICE 11-16-05oo WN DO Oo BF WO DM =

=

501

DANA L. BURCH, Watsworth, Franklin, Bevins &
McCall, 550 Montgomery Street, 8th Floor, San
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, a division of Aqua-Chem,
Thomas Dee Engineering Company, Scott Labs, and S.B.

Decking, Inc.

JOHN CHOW, Imai, Tadlock, Keeney & Cordery, 185
Berry Street, Suite 4300, San Francisco, California
94107, appeared on behalf of the Defendant American

International Supply.

VINCENT W. MARSELLA, Brydon, Hugo & Parker, 135
Main Street, 20th Floor, San Francisco, California
94105, appeared on behalf of the Defendants Dana

Corporation and Union Carbide Corporation.

MICHELLE YOUNG, Howard, Rome, Martin & Ridley,
1775 Woodside Road, Suite 200, Redwood City, California
94061-3436, telephonically appeared on behalf of the
Defendant IMO Industries.

AIKEN & WELCH REPORTERS ALBERT RICE 11-16-05oOo OWN OOK UR OULU SZ

=

502

PEGAH SHETABI, Lewis, Brisbois Bisgaard &
Smith, One Sansome Street, Suite 1400, San Francisco,
California 91404, appeared on behalf of the Defendant

Cooper-Cameron Corporation.

MEEGAN MOLONEY, Lewis, Brisbois, Bisgaard &
Smith, 221 N. Figueora Street, Suite 1200, Los Angeles,
California 90021, telephonically appeared on behalf of
the Defendant Superior Lidgerwood Mundy.

SERGIO BORGIOTTI, Barg, Coffin, Lewis & Trapp,
One Market, Steuart Tower, Suite 2700, San Francisco,
California 94505-1475, telephonically appeared on
behalf of the Defendant Alstom Power, Inc.

DENISE SERRA, McNamara, Dodge, Ney, Beatty,
Slattery & Pfalzer, 1211 Newel] ‘Avenue, Suite 202,
Walnut Creek, California 94596, telephonically appeared
on behalf of the Defendants FMC Corporation, McNally

Corporation, and D.B. Riley.

STEVE WENOGRAD, Bassi, Martini, Edjin & Blum,
351 California Street, Suite 200, San Francisco,
California 94104, telephonically appeared on behalf of
the Defendant J. T. Thorpe & Son.

AIKEN & WELCH REPORTERS ALBERT RICE 11-16-05=

oo ODN OOH Fk BON

503

ALICE WANG, Poole & Schaffery, 445 S. Figueora
Street, Suite 2520, Los Angeles, California 90071,
telephonically appeared on behalf of the Defendant

Gardner Denver, Incorporated.

JENNIFER SHODA, Morgan, Lewis & Bockius, One
Market, Spear Street Tower, San Francisco, California
94105, telephonically appeared on behalf of the

Defendant Grinnell] Corporation.

THOMAS NOLAN, Jackson & Wallace, 55 Francisco
Street, 6th Floor, San Francisco, California 94133,
appeared on behalf of the Defendants Buffalo Pumps,

Crane Co., Robertson-Ceco, and Warren Pumps.

JEFF GILLESPIE and HEATHER CLEMMENSEN, Burnham
& Brown, 1901 Harrison Street, 11th Floor, Oakland,
California 94612, telephonically appeared on behalf of

the Defendant York International Corporation.

CARINA ZARAGOZA, Selman & Breitman 33 New
Montgomery Street, 6th Floor, San Francisco, California

94104, appeared on behalf of the Defendant H.B. Fuller.

AIKEN & WELCH REPORTERS ALBERT RICE 11-16-05—

oo ODN OD OTN Fe WN

504

ALBERT RICE,
sworn as a witness,
testified as follows:

MS. VILCHEZ: Back on the record.

EXAMINATION BY MS. VILCHEZ:

Q.

I want

> pre >

Good morning, Mr. Rice.

Good morning.

Did you get some rest yesterday?

Yes. ,

Are you feeling better today?

Yes.

We stopped yesterday because you were tired and

to make sure that you feel like you can give

your best testimony today. Is there any reason you

feel like you will not be able to give your best

testimony today?

A.
Q.

tired,

No.
If at any point you do become confused or

please tell me immediately. Don't just keep

answering questions. Okay, sir?

A.
Q.

Okay.
All right. And we will check with you every

hour or so. All right. And hopefully this will get

concluded today. Cross your fingers.

We were talking about your medical situation,

AIKEN & WELCH REPORTERS ALBERT RICE 41-16-0528
FBE&M

ARE MERRITT Laz
$999 Lin

PROOF OF SERVICE
Kathleen Rice, et al. v. Asbestos Defendants-Oakfabco, Inc.
San Francisco County Superior Court Docket Number: 444852

I, Terry Neville, am a citizen of the United States, over 18 years of age and not party to
the within action. I am employed in the county of Alameda; my business address is 1999 Harrison
Sireet, 18"" Floor, Oakland, CA 94612.

I served the within document: DECLARATION OF MICHELLE M. CAMMARATA
IN SUPPORT OF MOTION IN LIMINE TO LIMIT THE TESTIMONY OF THE
DECEDENT ALBERT RICE on all parties in this action, as addressed below, by causing a
true copy thereof to be distributed as follows:

Brayton Purcell LLP Berry & Berry

222 Rush Landing Road. 2930 Lakeshore Avenue
P. O. Box 6169 P. O. Box 16070
Novato, CA 94948-6169 Oakland, CA 94610

[SERVED ALL DEFENSE COUNSEL VIA ELECTRONIC TRANSMISSION]

[] BY MAIL: 1 am “readily familiar” with the firm’s practice of collection
and processing correspondence for mailing. Under that
practice it would be deposited with U.S. Postal service on
that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of
the party served, service is presumed invalid if postal
cancellation date or postage meter data is more than one day
after date of deposit for mailing in affidavit.

I ] VIA HAND DELIVERY: T caused such envelope, to be hand delivered to the stated
parties by an agent of INTERCEPTOR.

VIA ELECTRONIC T caused a true and correct copy of such documents to be
[x] SERVICE: electronically served on counsel of record by transmission
to Lexis-Nexis File and Serve.

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

foregoing is true and correct.

Terry Neville

Executed on January 6, 2010, at Oakland, California.

-4- 04473 34284 MMT 623810.1