& Videographers
13
14 (973) 301-6500 14 BY: MARGARET LOTITO, ESQ.
15 BY: ROBERT G. ALENCEWICZ, ESQ. 15 Attorneys for Defendants, Fluor Daniel
16 Attorneys for Defendant, Johansen Company 16 Services, Fluor Corporation
17 17
18 MARSHALL,DENNEHEY,VVARNER,COLEMAN 18 PORZIO, BROMBERG & NEWMAN, P.c.
19 & GOGGIN 19 100 Southgate Parkway
20 Woodland Falls Corporate Park 20 Morristown, New Jersey 07962
21 200 Lake Drive East, Suite 300 21 (973) 538-4006
22 Cherry Hill, New Jersey 08002 22 BY: THOMAS COFFEY, ESQ.
23 (856) 414-6000 23 Attorneys for Defendant, DuPont
24 BY: NADIRA KIRKLAND, ESQ. 24
25 Attorneys for Defendant, D.B. Riley, Inc. 25
Florham Park, New Jersey 07932 13 (212) 661-1151
Page 3 Page S
1 A PPEA RAN CES (Contd): 1 A PPEA RAN CES (Contd):
2 2
3 HOAGLAND, LONGO, MORAN, DUNST & DOUKAS 3 MARGOLIS EDELSTEIN
4 40 Paterson Street 4 216 Haddon Avenue
5 New Brunswick, New Jersey 08903 5 Westmont, New Jersey 08108
6 (732) 545-4717 6 (856) 858-7200
7 BY: DANIEL L. KUSZMERSKI, ESQ. 7 BY: RYAN M. KOOI, ESQ.
8 Attorneys for Defendants, Collins Packing Co., 8 Attorneys for Defendants, Badger, United
9 EMCO Fittings, Goulds Pumps, Hudson Iron & 9 Engineers, Central Jersey Supply, Furino &
10 Metal, Industrial Welding Supply, Moser Bros., 10 Sons, RICO, Ideal Supply, Melrath Gasket,
11 Inc., Perimeter Insulation 11 VVelco, VVoolsulate
12 12
13
14 DICKER, LLP 14 23 Vreeland Road, Suite 220
15 33 Washington Street 15 Florham Park, New Jersey 07932
16 Newark, New Jersey 07102 16 (973) 822-1110
17 (973) 624-0800 17 BY: THOMAS MCNULTY, ESQ.
18 BY: ERIC EVANS, ESQ. 18 Attorneys for Defendants,
19 Attorneys for Defendant, A.VV. Chesterton 19 Joule, Madsen & Howell, Raritan,
20 20 Bergen Industrial, Flowserve Corporation,
21 21 Lawrence, Kraemer Gunite
22 22
23 23
24 24
25 25
2 (Pages 2 to 5)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
WILSON, ELSER, MOSKOWITZ, EDELMAN & 13 McGIVNEY & KLUGER, P.c.
Page 6 Page 8
1 A PPEA RAN C ES (Contd): 1 A PPEA RAN CES (Contd):
2 2
,3 ECKERT, SEAMANS, CHERIN & MELLOTT, LLC 3 McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP
4 50 South 16th Street 4 1300 Mount Kemble Avenue
5 Philadelphia, Pennsylvania 19102 5 Morristown, New Jersey 07962
6 (215) 851-8400 6 (973) 993-8100
7 BY: ANITA MURRAY, ESQ. 7 BY: MICHELLE HYDRUSKO, ESQ.
8 Attorneys for Defendant, CBS Corporation 8 Attorneys for Defendant, Rockwell Automatron
9 9
10 POTTERS & DELLA PIETRA, LLP 10 BARRETT LAZAR, LLC
11 100 Passaic Avenue 11 145 West Passaic Street
12 Fairfield, New Jersey 07004 12 Maywood, New Jersey 07607
13 (973) 575-5240 13 (201) 843-5900
14 BY: DREW D. KRAUSE, ESQ. 14 BY: DALE HIBBARD, ESQ.
15 Attorneys for Defendant, Ford, Bacon & Davis 15 Attorneys for Defendant, A&M Wholesale Hardware
16 16
17 SEDGWICK, DETERT, MORAN & ARNOLD, LLP 17 PEHLIVANIAN, BRAATEN & PASCARELLA, LLC
18 3 Gateway Center 18 2430 Route 34
19 Newark, New Jersey 07102 19 Manasquan, New Jersey 08736
20 (973) 820-1133 20 (732) 528-8888
21 BY: STEVEN S.INGER, ESQ. 21 BY: STEPHANIE A. DIVITA, ESQ.
22 Attorneys for Defendants, General Electric, 22 Attorneys for Defendant, Ingersoll-Rand Co.
23 Foster Wheeler 23
24 24
25 25
\
Page 7 Page g
,1 A PPEA RAN CES (Contd): 1 A PPEA RAN CES (Contd):
2 2
3 SEGAL, McCAMBRIDGE, SINGER & MAHONEY, LTD. 3 PICILLO, CARUSO, POPE, EDELL,
4 103 carnegie Center, Suite 103 4 PICINI, P.e.
5 Princeton, New Jersey 08540 5 60 Route 46 East
6 (609) 452-1558 6 Fairfield, New Jersey 07004
7 BY: TALENE MEGERIAN, ESQ. 7 (973) 667-6000
8 Attorneys for Defendants, Garlock, BWjIP, Inc. 8 BY: MARC EDELL, ESQ.
9 9 Attorneys for Defendant, CertainTeed
10 DRINKER, BIDDLE & REATH, LLP 10
11 500 campus Drive 11 CONNELL FOLEY, LLP
12 Florham Park, New Jersey 07932 12 85 Livingston Avenue
13 (973) 360-1100 13 Roseland, New Jersey 07068
14 BY: MARK R. GALDIERI, ESQ. 14 (973) 535-0500
15 Attorneys for Defendant, Neles-Jamesbury, Inc. 15 BY: MEGAN ROBERTS, ESQ.
16 16 Attorneys for Defendant, Frank A. McBride, Co.
17 LAW OFFICES OF SUSAN M. SCHLIP 17
18 154 Stelton Road, Suite 4 18 GREENBERG TRAURIG, LLP
19 Piscataway, New Jersey 08853 19 200 Park Avenue
20 (732) 752-5001 20 New York, New York 10166
21 BY: SUSAN M. SCHLIP, ESQ. 21 (212) 802-9100
22 Attorney for Defendant, Alfa Laval 22 BY: MARISSA BANEZ, ESQ.
23 23 Attorneys for Defendant, Robert A. Keasbey
24 24
25 25
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
3 (Pages 6 to 9)
732-283-5737
Woodbridge, NJ 07095
Page 10 Page 12
1 A PPEA RAN CES (Contd): 1 A PPEA RAN C ES (Contd):
2 2
3 DICKIE, McCAMEY & CHILCOTE, P.c. 3 HARDIN, KUNDLA, McKEON & POLETTO, P.A.
4 20 West Kings Highway, Suite 220 4 673 Morris Avenue
S Haddonfield, New Jersey 08033 S Springfield, New Jersey 07081
6 (856) 354-0192 6 (973) 912-5222
7 BY: JAMES PAPA, ESQ. 7 BY: NICEA DANNUNZIO, ESQ.
8 Attorneys for Defendant, Conval Inc. 8 Attorneys for Defendants, Calon, Zinklahoma,
9 9 Strahman Valves, LaBour
10 TIERNEY LAW OFFICES 10
11 116 Village Blvd., Suite 200 11 REILLY, JANICZEK & McDEVITT, P.c.
12 Princeton, New Jersey 08540 12 2500 McClellan Blvd.
13 (609) 734-7430 13 Suite 240, Kevon Office Center
14 BY: TODD ARNO, ESQ. 14 Merchantville, New Jersey 08109
15 Attorneys for Defendants, AJ. Friedman, 15 (856) 317-7180
16 Elizabeth Industrial Supply 16 BY: PATRICIA HENRICH, ESQ.
17 17 Attorneys for Defendants, ITT Corp.,
18 SCHNADER, HARRISON, SEGAL & LEWIS, LLP 18 Magnatrol Valve Corp.
19 140 Broadway 19
20 Suite 3100 20 KEVIN
21 New York, New York 10005 21 1465 Route 31
22 (212) 973-8000 22 Annandale, New Jersey 08801
23 BY: ALLISON FIHMA, ESQ. 23 (908) 238-9400
24 Attorneys for Defendant, E&B Mill Supply 24 BY: ANNE McNUTT, ESQ.
25 25 Attorney for Defendant, Union Pump
C. GRUBB, ESQ., P.A.
Page 11 page 13
1 A PPEA RAN CES (Contd):
1 IN D EX
2
2 WITNESS PAGE i
3 KENT & McBRIDE, P.c.
4 Direct by Mr. Kuzmln 14, 129
3 WILFRED BILLINGHURST
4 555 Route 1 South,
Cross by Ms. DIVita 59,98, 129
5 Woodbridge Towers, 4th Floor
5 Cross by Mr. McNulty 79
6 Iselin, New Jersey 08830
Cross by Ms. Henrich 85
7 (732) 326-1711
6 Cross by Ms. Megerian 88, 125
8 BY: LISA PEREZ, ESQ.
Cross by Ms. Banez 99
7 Cross by Mr. Edell 103
9 Attorneys for Defendants,
Cross by Ms. DAnnunzlo 106
10 Koenig, Pulmosan Supply Equipment,
8 Cross by Mr. Singer 111
11 Marsam Valves & Fittings
Cross by Mr. Evans 123
12
9 Cross by Ms. Murray 124
13 HOLLSTEIN, KEATING, CATTELL, JOHNSON
10
11
14 & GOLDSTEIN
12
15 Willow Ridge Executive Office Park
13
16 750 Route 73 South, Suite 301
14
17 Marlton, New Jersey 08053
16
15
18 (856) 810-8860
17
19 BY: JUSTIN WALKER, ESQ.
18
20 Attorneys for Defendant, Chicago Bridge
19
21 & Iron
20
22
22
21
23
23
24
24
25
25
4 (Pages 10 to 13)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
WILFRED BILLINGHURST,
4
Jersey, called as a witness, having been
first duiy sworn according to law by a
Notary Public of the State of New Jersey,
testifies under oath as follows:
Fischer Piace, Whippany, New
Page 14
1
2
,.3
4
5
6
78
DIRECT EXAMINATION BY MR. KUZMIN:
9
10 name is Bill Kuzmin. Im an attorney
11 representing the family of William Grau in an
12 asbestos lawsuit. Youve been subpoenaed here
13 today to provide testimony.
14 Have you ever been deposed in any
15 matter before?
16
17
18 going to give you some ground rules and then
19 well get going. I understand from what you
20 told me earlier, however, theres been a
21 mistake on the subpoena with regards to your
22 name. So just for the record, couid you give
23 us your full name and your home address.
24
25 Fischer Piace, Whippany, New Jersey 07981.
Q. Good morning, Mr. Billinghurst. MyA. No.Q. Okay. Before we get started, ImA. Wiifred A. Billinghurst, Junior, 4
Page 15
1
2 right and my extreme right is a court
3 reporter. The court reporter will take down
4 everything that is said here today. That means
5 all of your responses need to be verbai. You
6 cant nod your head, shrug your shoulders. You
7 cant answer with uh-huh or uh-uh because it
8 makes it very difficult to distinguish on the
9 transcript.
10 You understand that?
11 A. Yes, I do.
12
13 can only take one person speaking at a time.
14
15 being asked before you start to give an
16 answer. Likewise Ill wait for you to finish
17 your answer before I ask another question. If
18 you feei that you are being cut off from
19 providing a full answer, iet us know, and well
20 be happy to stop and iet you finish your answer
21 and then move on to the next question.
22 You understand that?
23 A. Yes.
24
25 anything. If you can make an estimate for us
Brody Deposition Services, Inc.
90 Woodbridge center Drive, Suite 220
Q. Mr. Billinghurst, seated to yourQ. Additionally, the court reporter50 I need you to wait to hear the questionQ. I dont want you to guess at
Page 16
1 as far as size, distance, numbers, thats
2 fine. Just lets us know that you are
3
estimating. However, if you dont feel
4
comfortabie making an estimate and cant give
5
me an answer, let me know, you dont feel
6
comfortable and well move on.
7
If you dont understand the
8
question, or if you answer the question in a
9
10 either rephrase it or clarify so you do
11 understand it; is that fair?
12 A. Fair.
13
number of different ways, let me know, and IllQ. Okay. If you need to take a break
14
15 break. All right? If you hear someone object,
16 wait to give you your answer until the
17 objection is made and is put on the record.
18 Normally then youll be directed to answer the
19 question, okay?
20
21
22 things that happened a number of years ago, and
23 no one in this room is expecting you to
24 remember it like it was yesterday.
25 reason you cant recall an answer to my
at any time, let me know, and well take aA. Okay.Q. Were going to be talking aboutIf for any
Page 17
1 question or any of the other attorneys
2 questions here, you can simply tell us you
3 dont recall and well move on. However, if
4 during the course of the deposition you do
5 happen to recall some of that information, iet
6 us know, okay?
7 A. Okay.
8
9 before we begin?
10 A. No, I dont.
11
12 were going to focus on a facility at Exxon.
13 Were you ever employed at an Exxon facility?
14
15
16 located?
17 A. Bayway, Linden, New Jersey.
18
19
20 answer to that question, I originally started
21 for Standard Oil Development in 1947 on the
22 same Bayway site. About June 1950, I
23 transferred to the Bayway Refinery on the same
24 extended site. And my employment went on until
25 1965 when they had another work force
5 (Pages 14 to 17)
732-283-5737
Woodbridge, NJ 07095
Q. Do you have any questions of meQ. All right. Mr. Billinghurst, todayA. Yes, I was.Q. And where was that Exxon facilityQ. And when were you employed there?A. I had split employment so the
Page 18 Page 20
1 reduction, and I took an opportunity to leave 1 any of those four was Mr. Graus employment
2 the company. 2 classification?
3
4 this to make it easier for everybody. 4
5 A. Okay. 5 A. Likewise the same as
Q. Now, working for, were going to do 3 A. From 54 on.Q. SO electrician trainee –r.
6
7 that entire period if thats okay for you? 7 knew Mr. Grau, did you ever have the
8 A. Fine. 8 opportunity to work with him in the same area
9
10 first started at Exxon in 1947, what was your 10 A. In same area, yes.
Q. Were just refer to it as Exxon for 6 Q. Okay. During the course that youQ. Okay. While employed when you 9 of the Exxon facility?
11
12 A. I was doing clerical messenger 12 those areas you recall working with Mr. Grau?
13 work. 13 A. Well, around the pipe stills and
14
15 for? 15 former.
16 A. From 1947 to June of 1950. 16
17
18 job duty or responsibility? 18 as a first class electrician?
19 A. I transferred to the Bayway 19 A. To do any necessary turnaround work
20 Refinery. I was in the labor department for 20 when they had metal inspection of piping where
21 four years. 21 pumps and motors had to be replaced for another
22
23 A. Thats correct. 23
24
25 duty or responsibility? 25 with Mr. Grau. Can you describe for us what
job duty or responsibility? 11 Q. And could you tell us which ofQ. And how long did you have that job 14 the CAT plant and possibly at the powerQ. And can you describe for us exactlyQ. And in June of 1950, what was your 17 what your job duties and responsibilities wereQ. And that would take us up to 1954? 22 start-up period.Q. And you ment:oned for us threeQ. And then in 1954, what was your job 24 different areas that you believe you worked
Page 19 page 21
1 A. I went in as an electrician 1 went on at the pipe stills?
2 trainee. 2 MR. ALENCEWICZ: Im just going to
3
4 period last? 4 think he said he worked in the same areas
5 A. To about 59. 5 as Mr. Grau, not with Mr. Grau. Maybe you
6
7 title? 7
8 A. First class industrial all around 8 area.
9 yard eiectrician. 9 A. Not with Mr. Grau. I worked in the
10
Q. And how long did that training 3 object to the form of that question. IQ. And then in 1959, what was your job 6 can clarify that.Q. Okay. With Mr. Grau in the sameQ. And did you hold that position 10 same area at the turnaround. Thats a massive
11
12 A. That is correct. 12 have hundreds of people.
13
14 recall a gentleman by the name of William Grau? 14 A. All classifications of mechanics.
15 A. Yes, I
16
17 that. Do you recall what William Graus work 17 area where you believe Mr. Grau was working –
18 responsibilities were when you knew him? 18 A. Uh-hum.
19 A. Very similar to mine. 19
20
21 similar to yours, you listed for us four 21 A. Primarily when I talk about these
22 differentjob classifications that you had, 22 areas that I specified, this is when the
23 clerical messenger, labor department, 23 company would think for safety reasons and
24 electrical — electrician trainee, and first 24 previous standards of safety, a unit would have
25 class electrician, which one of those four or 25 to be dismantled. And we would, basically, it
until you left Exxon in 1965? 11 operation. When you have a turnaround, youQ. While working at Exxon, do you 13 Q. Okay.do. 15 Q. All right. Let me rephrase theQ. And do you know what — strike 16 question then. While working in the pipe stillQ. — could you tell us what was goingQ. Okay. And when you say very 20 on there?
6 (Pages 18 to 21)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220 .
732-283-5737
Woodbridge, NJ 07095
Page 22
1 was a metal inspection of this piping, which
2 took from crude oil, which was coal being
,3
pumped in to being very hot and corrosive to
. 4
the piping.
5
So the piping was physically
6
removed and tested for thicknesses of walls.
7
But doing all this work interconnecting pumps
8
and motors were tied in, and this where our
9
10 electricians.
11
12 you were doing in each one of these three areas
13 that you previously talked about similar to
14 what you just told us about the pipe still
15 area?
16 A. Basically, the same.
17
18 inspected, focusing on the ones that you
19 previously testified that brought hot oil
20 though the facility, were those insulated?
21 A. Yes, they were.
22
activity would become involved asQ. Was it the same type of work thatQ. Okay. The pipes that were beingQ. And do you know what they were
23
24 A. To the best of my knowledge, and I
25 think Im very on factual on this, asbestos.
insulated with?
Page 23
: 1
2 pipes in the pipe still area?
Q. And were there asbestos insulated
3
4
5 in the CAT Plant area?
6
7
8 in the power former area?
9
10
11 to be removed when this work was being
12 performed on the piPeS?
13
14
15 pipecovering from the pipes?
16 A. Labor people and laborers, and the
17 people that worked with the Insulation
18 Department.
19
20 contractors that had to remove this asbestos
21 insulation?
22
A. Yes.Q. Were there asbestos insulated pipesA. Yes.Q. Were there asbestos insulated pipesA. Yes.Q. Did that asbestos insulation needA. Yes.Q. Do you know who removed theQ. Were there ever any outsideA. Yes.
23
24
25 those outside contractors?
3rody Deposition Services, Inc.
MR. McNULTY: Objection to form.Q. Do you recall the names of any of
)0
Woodbridge Center Drive, Suite 220
Page 24
1 A.
2 Zimmerman.
In one case I do, Day and
3 Q.
After the insulation was removed
4
and the maintenance was performed on these
5
pipes, were they reinsulated?
6
A. Yes, they were.
7
Q. Do you know what they were
8
reinsulated with?
9
10
11 performed by Exxon employees or outside
12 contractors?
A. Asbestos.Q. And the reinsulation, was that
13
A. The majority of the time, Exxon
14
15 Zimmerman did participate in this.
16
17 contractors being on site reinsulating any of
18 these pipes?
19 A. other than knowing contractors
20 hadnt there but not by name.
21
22 the name of Robert
employees. And I would assume that Day andQ. Do you recall any other outsideQ. Okay. Do you recall a company byA. Keasbey doing any
23
24
25
reinsulation of the pipes?A. No.Q. Do you recall a company by the name
Page 2S
1 of Foster Wheeler doing any reinsulation of the
2 pipes?
3
4
5 of Chicago Bridge
6 pipes?
7 A. I cannot recall them. That does
8 not mean to say they were not there.
9
10 of Johansen being at the Exxon facility working
11 on the pipes?
12 MR. ALENCEWICZ: Object to form.
13
14 me, but I cant say a positive yes.
15
16 of Bechtel being at Exxon facility doing any
17 work on the pipes?
18
19 UNIDENTIFIED VOICE: Objection to
20 form.
21
22 by the name of Bechtel was doing to the pipes?
A. Yes.Q. Do you recall a company by the name& Iron doing any work on theQ. Do you recall a company by the nameA. That name seems to be familiar toQ. Do you recall a company by the nameA. Yes.Q. And do you recall what that company
23
24 was design engineering people. And as a
25 contractor sometimes they had to be on the spot
7 (Pages 22 to 25)
A. Well, Bechtel, as I understood it,
732-283-5737
Woodbridge, NJ 07095
Page 26 Page 28
1 to do something the way they thought it was to 1 MR. MCNULTY: Thats my
2 be down, to my knowledge. 2 recollection of the testimony.
3
4 from Bechtel removing any of this insulation 4 MS. DIVITA: Mine as well, Bill.
5 that you spoke about previously? 5 THE WITNESS: May I make a comment,
6 A. No. 6 please?
7
B putting on any of the insulation you spoke 8
9 about previously? 9 up. Mr. Billinghurst, did you ever do any work
10 A. No. 10 on pumps at Exxon?
Q. Do you recall ever seeing anyone 3 MR. KUZMIN: Okay.Q. Do you recall anyone from Bechtel 7 BY MR. KUZMIN:Q. No. Let me see if I can clear this
11
12 contractors by the name of Braun ever being at 12
13 Exxon? 13 the pumps?
14 A. Yes, that name is familiar. 14 A. In reinstalling a motor to a pump,
15
16 doing? 16 consolidation, we as the electrician installing
17 A. I really cant. 17 the motor, we had to align the pump using a
18
19 removed from the pipes during this maintenance 19 that up within a couple of thousands of an
20 that you previous testified to, did it create 20 inch.
21 any dust of any sort? 21 I dont know what the tolerance
22 A. Yes, it did. 22 was. I would guess at 5/10 thousands, which is
23
24 would it get on people who were working in that 24 indicator so that there would not be vibration
25 area? 25 from the connection point one to the other.
Q. Do you recall an outside 11 A. Yes, I did.Q. And what kind of work did you do onQ. And do you recall what they were 15 and because we had a program calledQ. When this insulation had to be 18 dial indicator for alignment and had to coupleQ. And when that dust was created, 23 pretty accurate. And you would be using a dial
Page 27 Page 29
1 A. Yes, it would. 1
2
3 A. Yes, it would. 3 to work on?
4
5 doing work on pumps as well as; is that 5 Again, mischaracterizing his testimony.
6 accurate? 6
7 MS. DIVITA: Objection to form. 7 MS. DIVITA: Yes, continue.
8 MR. MCNULTY: Objection to form. 8
9 A. That is correct. 9 A. Ingersoll-Rand, Worthington, by
10 MR. KUZMIN: What is the objection? 10 name thats the only two but there had been
Q. And do you recall the name of theQ. Would it get on you? 2 manufacturer of any of the pumps that you hadQ. Now, sir, you previously mentioned 4 MS. DIVITA: Objection to form.A. Whom am I answering, you?Q. Yes.
11
12 whatever, form. Continue. 12
13 MR. KUZMIN: No. Youve got to 13 these pumps as you preViously testified to, do
MS. DIVITA: He said that, 11 others there.Q. When you had to perform work on
14
give me a reason. Whats your reason for 14 you believe that you were –
15 the objection? 15 MS. DIVITA: Object to form.
16 MS. DIVITA: I think you 16 MR. KUZMIN: At least let me
17 mischaracterized his testimony. You can 17 finish, come on.
18 go back to his portion and read, whatever, 18
19 but go ahead. 19 exposed to asbestos during the course of this
20 MR. KUZMIN: Okay. Thats fair. 20 work?
21 MR. MCNULTY: Im not necessarily 21 MS. DIVITA: Object to form.
22 sure that the witness said he worked 22 A. Yes, I was.
23 directly on the pump. He worked on the 23
24 motor portion of the pump. 24 were exposed to asbestos from the work on
25 MS. DIVITA: Right. 25 pumps?
Q. Do you believe that you wereQ. And how do you believe that you
,,
8 (Pages 26 to 29)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
Page 30 Page 32
1 MS. DIVITA: Object to form. 1
2 . A. In some of the
3 upon what the product was going through the 3 consolidation program.
4 pumpi it was either going to be too hot or too 4 MS. DIVITA: Object to form.
5 cold or it needed warmth on the start-up. They 5 MR. MCNULTY: Objection.
6 would have steam traces around these pumps and 6 A. No.
7 then it worked for two purposes. It was 7
8 insulation
9 employee from not working towards a hot piece 9 A. There, again, I dont know whether
10 of metal or a hot pump.
Q. SO would you have any reason tocasesl depending 2 believe that Bill Grau wasnt a part of thisQ. And do you recall what type ofl and it was also protecting the 8 pumps you had to replace the flanges in?10 it be an Ingersoll-Rand or the other I
11
12 the pump itself or on another piece of 12
Q. And was this insulation directly on 11 mentioned.Q. Do you believe that replacing the
13
14 MS. DIVITA: Objection to form. 14 A. Yes.
15 A. On the pump itself. 15
16
17 you previously testified to with regards to the 17 to get to the flange, some of the insulation
machinery? 13 flange exposed you to asbestos at all?Q. How so?Q. And when you had to perform work as 16 A. To get to some of my necessary workl
18 pumps, did this insulation need to be removed? 18 will say was not terminated at the correct
19 MS. DIVITA: Objection to form. 19 point when the Exxon insulator insulated that
20 A. Yes. 20 unit depending upon, basically, how he thought
21
22 this was asbestos insulation; is that right? 22 insulation up very close to the termination of
23 MS. DIVITA: Objection to form. 23 the pump, others did otherwise.
24 A. Yes. 24
25
Q. And its your understanding that 21 it might be done. Some people bring theQ. The motors that you had describedQ. During the course if your work as 25 earlierl was that also part of the pump or was
Page 31 Page 33
1 an electrician, did you ever need to 1 that a separate piece of machinery?
2 disassemble a pump at all? 2 A. If it was a new installation
3 A. Yes. 3 pump and motor would come in on a huge metal
4 MS. DIVITA: Objection. 4 base from the supplier. Depending upon how the
5
6 you would have to disassemble a pump? 6 be replaced only? Did a motor have to be
7 A. To put on a new flange. 7 replaced on a turnaround.
8
9 be your responsibility to put a new flange on a 9 an electrician at Exxon, did you ever have to
l thatQ. And what would be the reasons why 5 company felt at that time, did a pump have toQ. And as an electrician, why would it 8 Q. During the course of your work as
10
pump? 10 install any new pumps?
11
12 first class electrician prior to becoming a 12
A. From the period of 541 becoming a 11 A. Yes.Q. And where would you have to install
13
14 they called it consolidation and an
15 electrician, machinist, and the Instrument 15
16 Department were semi consolidated. We could go 16 you have a general recollection of a time when
17 out and help the other craft. The other crafts 17 you were installing pumps in the same area
18 could help us, back and forth to eliminate 18 where Bill Grau was doing the same work?
19 unnecessary manpower according to the company. 19 MS. DIVITA: Objection to form.
20
21 limited just to you, right? It was done for 21 A. I would have to say to that, repeat
22 the entire trade just in general? 22 that question please.
23 A. Other crafts had different 23 MR. KUZMIN: can you read back?
24 consolidations, right. Basically, three joined 24 (Whereupon last question was read
25 each other. 25 back.)
first class, we had a new program down at Exxon 13 those?14 A. Throughout the refinery.Q. can you recall a time for us or doQ. And this consolidation, it wasnt 20 MR. MCNULTY: Objection to form..
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Page 34 Page 36
1
A. My answer to that would be no. 1 manufacturer of this packing was?
2
Q. Would you say that installing pumps 2 MS. DIVITA: Form and foundation.
3
was one of the regular responsibilities for an 3 A. No, I cant.
4
electrician? 4 Q. Could you describe for us what the
5
MS. DIVITA: Objection to form. 5 packing looked like?
6
MR. MCNUL1Y: Objection. 6 A. Okay. It was, primarily, the
7
A. Yes, under the consolidation. 7 majority of the time it came on a spool. It
8
Q. And what would be the process of 8 was square in nature. It looks like quarter
9
installing these pumps? 9 inch by quarter inch or half by half. And it
10
MS. DIVITA: Objection. 10 had some materials inside, but it had a braided
11
A. Well, first of all, you would go 11 outside coating.
12
into the control room and you would see the 12 Q. Do you recall what color it was?
13
chief operator of the unit. He had a big 13 A. Like a black gold braiding.
14
iedger, and you would tell him that you had a 14 Q. And you said it came on a spool.
15
work order to perform a certain function and 15 That means that it would have to be cut off
16
these pumps and motors all had 16 that spool to fit the pump?
17
identifications. 17 A. That is correct.
18
And if it was a turnaround you 18 MS. DIVITA: Note my objection.
19
would get what was called a cold work permit 19 MR. KUZMIN: Reason?
20
because it was not at that time an operating 20 MS. DIVITA: Form and leading.
21
unit. And he would give you a permit. You 21 MR. KUZMIN: Okay.
22
would know that certain safety factors were 22 Q. When it was cut, was any kind of
23
aiready reviewed. And you were reliable for 23 dust emitted?
24
that operation until it was completed. And he 24 A. You had some fibrous material. You
25
would sign your work sheet that it was 25 had to know the diameter of the shaft, and in
Page 35 Page 37
1
completed after his inspection and his 1 some case — well, you could pull out an old
2
evaluation at that time because the unit might 2 piece of packing, and you would make a ring and
3
not be working and that you did the best you 3 then cut, you wouldnt the corner square.
4
could to clean up the area, good housekeeping 4 You wouid cut the two corners on a
5
as they would call it. 5 45. And you would make about three rings in
6
Didnt matter how sloppy it was, if 6 most cases. And you had a collar and then you
7
you were on the that phase of the motor picking 7 would pull it up. It had two nuts on it, a
8
up stuff for safety factors, trip hazards, they 8 little flange would be tighten to the pump
9
operated a very safe company. 9 where the liqUid, to stop the liquid from
10
Q. In addition to having to replace ,10 coming out. Then you would put that on, not
11
the flanges on the pumps, under this 11 too tight until they were on a start-up. And
12
consolidation program, did you have to do any 12 as the unit started up, they would we snug up
13
other work on the pumps? 13 the thing, that you would not tighten up too
14
A. Well, under the consolidation, the 14 much and burn it before it even did its job.
15
answer to that is yes, because we was 15 Q. And you previously mentioned
16
consolidated with the machinist. And although 16 insulation on the outside of the pumps, did you
17
he was all the brains, we were the helpers and 17 ever have to apply that insulation?
18
were trying to develop a new brain. So we 18 MS. DIVITA: Objection to form.
19
were involved. J 19 A. No, never.
20
Q. Did you ever have to replace any of 20 Q. And you also gave us some names of
21
the packing in these pumps? 21 two pump manufacturers, Ingersoll-Rand and
22
A. Yes. 22 Worthington.
23
MS. DIVITA: Lack of foundation, 23 A. Right.
24
objection to form. 24 Q. Do you recognize a company by the
25
Q. And do you recall who the 25 name of Clark Reliance?
10
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Page 38 Page 40
1 A. No, I dont. 1 over into different areas –
2
3 the name of Goulds? 3
4 A. That I do, yes. 4 A. Correct.
5
6
Q. Do you recollection a company by 2 A. Correct.Q. — to perform work?Q. How do you recognize Goulds? 5 Q. And under the consolidationA. Just by, you know, some names have 6 program, were electricians required to work
7
8
attractions to you. 7 with gasketing material at all?Q. Can you clarify for us, if you can, 8 A. Yes.
9
10 Goulds?
11
12
13 pump manufacturer, would that refresh your 13
14 recollection? 14 large electric motors?
15 MR. KUSZMERSKI: Objection to 15 A. One name might be Continental,
16 form. 16 General Electric, possibly Westinghouse.
17 A. The answer to that would be no. 17
18
19 Durco, do you recognize that at all? 19 this table with the exception of myself, might
20 A. Its buried in my mind. I would 20 not have liked. You said might have been and
21 have to say, to be honest, no. 21 possibly, just to clarify, is that a general
22
23 name of Crane or John Crane? 23 to guess. So, again, going back to the
24 A. Yes. 24 question, if you have a general recollection of
25
a category in which you recognize the name 9 Q. And what would the gasketing10 material be used for?A. No, I cannot. 11 A. Some on, to reassemble a largeQ. Okay. If I associated Goulds as a 12 motor, electric motor.Q. And do you recall who made theseQ. Now, youve used a couple of buzzQ. How about a company by the name of 18 words, and I think a lot of people sitting atQ. Do you recognize a company by the 22 recollection you have because we dont want youQ. And how do you recognize that 25 the manufacturers of the motors, thats fine.
Page 39 Page 41
1 company? 1 But we dont want you to guess. So do you have
2 A. I am almost positive its a packing 2 a general recollection of a G.E. motor being at
3 company. And when I say packing, I dont mean 3 Exxon?
4 to put stuff in a box. I am talking about for 4 A. Yes.
5 pump leaks around pumps. 5
6
7 the packing that you previously described to 7 A. Yes.
8 us? 8
9 MS. DIVITA: Objection. 9 this gasketing material?
10 A. My answer is yes. 10 A. Garlock.
11
12 previously described to us, do you believe that 12 preformed or did it need to be cut?
13 that contained asbestos at all? 13 A. Had to be cut.
14 A. Yes. 14
15
16 regards to using the packing on the pumps, 16 A. Basically, it was gray but it had
17 would that be a job that was performed by all 17 like streaks of white through it, and it was,
18 the electricians at Exxon? 18 you know, in a roll, flat material.
19 MS. DIVITA: Objection to form. 19
20 A. The best answer to that is yes. 20 A. Well, you, basically, use tin
21
22 consolidation program, was it your 22 cutter if you was making a round cut, and you
23 understanding that under this program the 23 would just cut it by hand. And you had punches
24 entire crate of the company was required to, I 24 if a bolt had to go through a gasket.
25 guess the best term for it would be to cross 25
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Q. And a general recollection of aQ. Do you associate that company with 6 Westinghouse motor being at Exxon?Q. And do you recall who manufacturedQ. And the packing material that you 11 Q. And was the gasketing materialQ. And what did the gasketing materialQ. And would this type of work with 15 look like?Q. And how was it cut?Q. And, again, going back to the 21 snips. You might have what they call a circleQ. And when these gaskets were cut,
I
I
Page 42 page 44
was any type of dust or fibrous material, as 1
2 you described before, released? 2 the pipe still area?
3 A. Yes. 3 A. Yes.
4
5 contained asbestos? 5 you described three manufacturers –
6 A. Yes. 6 A. Uh-hum.
7
8 program, would you have to cut the gaskets or 8 a Continental motor wouid have been?
9 would somebody else be responsible for that? 9 A. No.
10 A. We would cut them. The 10
Q. Were any of these motors located inQ. And do you believe these gaskets 4 Q. Are you able to tell me, becauseQ. And under the consolidation 7 Q. — where you would have seen, whereQ. Okay. How about where a G.E. motor
11
12 cutting it. It could be a machinist at the 12 A. No.
electricians would be one of the persons 11 would have been?
13
14
15 large electric motors at Exxon. Do you believe 15
16 any of the work performed by using an 16 that anyone of these three motors performed
17 electrician on these motors exposed you to 17 that would have made it specific for a job, or
18 asbestos? 18 was it no rhyme or reason as to why they bought
19 A. Repeat that question please. 19 a motor manufactured by a certain company?
20
21 electric motors at Exxon. Do you believe that 21
22 any of your work as an electrician on these 22 turbines, do you see that as a separate
23 motors — first of all, strike that. Did you 23 machinery than the motors you described for us
24 ever have to perform work on these large motors 24 here?
25 at Exxon? 25 A. Yes.
same time on the same job. 13 Q. Or how about a Westinghouse?Q. Now, you also described for us 14 A. No.Q. Was there any different functionQ. Sure. You described the iarge 20 A. Not to my knowledge.Q. If I would ask you questions about
Page 43 Page 45
1 A. Yes. 1
2
3 work that you performed on these motors exposed 3
4 you to asbestos? 4 those turbines?
5 A. In some cases, yes. 5 A. No, I dont.
6
7 exposed to asbestos by working on these motors? 7 turbines were located?
8 A. Again, determining how the 8 A. I know, I am trying to give you a
9 insulator applied his product to perform his 9 — all I can tell you, you might want to
Q. Did they have turbines at Exxon?Q. Do you believe that any of that 2 A. Yes, they did.Q. And do you know who manufacturedQ. And how do you believe you were 6 Q. And do you recall where the
10
function, it would be how close he worked up to 10 listen to me first. All I can tell you, its
11
12
the piece of equipment or motor. 11 beyond the railroad tracks that go through theQ. Was anything inside the motor 12 refinery towards the waterfront. And I wish I
13
14 asbestos? 14 hated it. It was bad, thats beside the
15 A. No. 15 point.
16
17 located? 17 these turbines as an electrician?
18 A. Throughout the manUfacturing area 18 A. Yes.
19 of the refinery. Absoluteiy all over. 19
20
21 the power former area? 21 exposed you to asbestos?
22 A. Yes. 22 A. Yes.
23
24 the CAT plant? 24 A. Being, the unit being very cold in
25 A. Yes. 25 certain operations was really, really insulated
itseif that you believe may have exposed you to 13 could remember the name of the unit because IQ. And where were these motors 16 Q. Did you ever perform any work onQ. And do you believe that any of theQ. Were any of these motors located in 20 work that you had to perform on these turbinesQ. Were any of these motors located in 23 Q. And how so?
ccc
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Page 46 Page 48
1 and to handle, not that I did, to open or close 1
2 a valve, you had to have a pair gloves on so 2 A. Thats a device thats in an
3 your hand would not become frozen to it. 3 enclosure with a mercury bottle and depending
14
5 though, do you believe exposed you to 5 will tilt from an open to a close position and
6 asbestos? 6 back to a control room to tell the operator
7 MR. SINGER: Objection to form. 7 whats going on and what he can do about it.
8 A. It was encased in asbestos. 8
9
10 turbines, is it your understanding that would 10 believe you were exposed to?
Q. And what is a mercoid?Q. What about the turbine itself, 4 upon either pressure or electrical signal, itQ. Did any of these motor operatedQ. And performing work on these 9 valves contain any asbestos components that you
11
12 electrician? 12
13 MR. SINGER: Objection. 13 you ever have to do any work on them?
14 A. Theres hundreds of micro switches 14 A. Occasionally, with the machinist·
15 that are on the safety control. So the answer 15 under consolidation.
16 would be yes. 16
17
18 an electrician like Mr. Grau wouldnt be 18 A. We would check for, again, packing,
19 working on these turbines? 19 lubrication, and routine inspection.
20 ATTORNEYS: Objection by all. 20
21 A. No. 21 mentioned, is that the same type that you
22
23 A. Right. 23 A. Basically, yes.
24
25 any of the valves at Exxon? 25 that you performed with the machinist on these
have been a regular job duty of an 11 A. No.Q. The manually operated valves, didQ. And what kind of work did you haveQ. Could you think of any reason why 17 to do with valves with the machinist?Q. And this packing that youQ. Now, you mentioned valves. 22 mentioned earlier with regards to pumps?Q. Do you recall the manufacturer of 24 Q. And during the course of the work
Page 47 Page 49
.1 A. No, the only things I know them as 1 valves, do you believe you were exposed to
•
3 Valves. Theres the word comes back in and 3 MR. MCNULTY: Objection to form.
4 they call them an M-O-V. 4 A. Yes.
5
6 valves? 6 with the machinist would that again be a
7 A. It was because you could close it 7 standard job of electricians under the
8 from a remote position when it had to be, and 8 consolidation program?
9 it was done electrically because of its size. 9 MR. MCNULTY: Objection to form.
10 It could take three men to close a valve when 10 A. Yes, under his direction.
2 MOVs. Now were talking Motor Operated 2 asbestos from that packing?Q. What was the purpose of these 5 Q. And would working on these valves
11
12 electrical signals. 12 A. The machinist.
13
14 vaIves at Exxon? 14 manufactured by Neles-Jamesbury?
15 A. Yes. 15 MR. GALDIERI: Objection to form.
16
17 those valves? 17
18 A. No, I dont. 18 at Exxon manufactured by Grinnell?
19/
20 an electrician, did you have to perform any 20
21 work on the motor operated valves? 21 valves?
22 A. Yes. 22 A. Yes.
23
24 have to perform on them? 24 were located?
25 A. Replacing mercoids. 25 A. The office buildings fire
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they had a motor that would do it with 11 Q. His meaning the machinist?Q. Were there any manually operated 13 Q. Do you recall working on any valvesQ. Do you recall who manufactured 16 A. The answer is no.Q. Do you recall working on any valvesQ. During the course of your work as 19 A. Yes.Q. And were those manually operatedQ. And what kind of work would you 23 Q. Do you recall where those valves
Page SO Page S2
1 protection. 1
2
3 buildings? 3 came into contact with any other products that
4 A. Not to my knowledge. 4 you believe might have exposed you to asbestos?
5
6 Grau ever had to work on any of those Grinnell 6 which we would use to pack around electrical
7 valves in the office bUildings? 7 lines
8 A. Supposedly we could do everything. 8
9 We could go everywhere and do everything. 9 this asbestos roping?
Q. During the course of your career atQ. Anywhere else other than the office 2 Exxon as an electrician, do you believe youQ. Do you know whether or not Bill 5 A. We had a reel of asbestos roping,in a conduit in expiosion proof area.Q. And do you recall who manufacturedI
10
Q. Okay. 10 A. No, I dont. I
11
12 the area knowing what he might have done daily. 12 Exxon?
A. But I was never by his side or in 11 Q. Do you know who supplied it to
13
14 any valves manufactured by Bell & Gossett. 14
15 MS. HENRICH: Objection. 15 you can recall working on at Exxon?
16 A. Yes. 16
17
18 valves? 18
19 MS. HENRICH: Objection. 19
20 A. No. They were primarily a 20 recently weided, we would put large electrical
21 combination, motor and pumps for like heating 21 wires and wrap it and then put this blanket
22 systems, circulating hot water. 22 around the entire pipe. Were talking about
23
24 have to do on these pumps? 24 like a big electric arc welder on four wheels,
25 A. Replacing the coupling. 25 which would be energized, put on. And it would
Q. Okay. Did you ever have to work on 13 A. I believe Turtle & Hughes.Q. Any other asbestos products thatA. Yes. We used to have insulatingQ. And were those manual operated 17 blankets.Q. And what would they be used for?A. After we would wrap a pipe that wasQ. And what kind of work wouid you 23 something big now. And youd have a device
Page 51 Page 53
1 MS. DIVITA: Objection to form. I 1 get these coils wrapped around that weld,
2 think you mean valves. 2 insulate it, hot to stress relieve the weld.
3
4 work would you have to do on these vaives? 4 temperature for a certain period of time, a
5 A. Again, packing. 5 certain degree on a rotary dial youd see the
6
7 valves, what areas of the plant these valves 7 through a cooling process slow, slow. In the
8 were located? 8 meantime, these blankets around the pipe would
9 A, The office buildings. 9 contain the heat to accelerate its job.
10
Q. Im sorry, valves. What kind of 3 And wed bring it up to aQ. And do you recall where these 6 temperature coming up. And then it go downQ Same question that I asked you with 10 Q. Do you recall who manufactured
11
12 recollection of seeing Bill Grau working on any 12 A. No, I dont.
13 Bell & Gossett pumps in the office buildings
14 official? 14 was that part of the consolidation program as
15 MS. HENRICH: Objection. 15 well?
16 A. No. 16 A. I didnt, not the welding work. We
17
18 inside the Bell & Gossett pump, do you believe 18 which was an electrical function.
19 that that was asbestos? 19
20 ATTORNEYS: Objection by all. 20 type of hand protection when wrapping this
21 A. Yes. 21 electrical coil around the pipe?
22
23 an electrician, did you ever have to work with 23 and they were asbestos gloves without a doubt.
24 any kind of transite pipe? 24
25 A. No. 25 A. Well, they were big and clumsy.
regards to Grinnell, do you have any 11 those blankets?13 Q. And was the welding work you did,Q. The packing that you described 17 wrapped the electrical coils around the pipe,Q. And were you required to wear anyQ. During the course of your work as 22 A. Yes. You did have big gauntlets,Q. And what did they look like?
14 (Pages 50 to 53)
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Page 54 Page 56
1 You might call the sleeve of the glove would go 1
2 right up to my elbow and quite heavy and 2 by the name of Elizabeth Industrial Supply
3 somewhat insulated. 3 there?
}4
5 were? 5
6 A. Yes, almost a gray, white. 6 company as Elizabeth Industrial Supply?
7
8 A. Finger type. 8 and I also knew they were on Rahway Avenue in
9
10 A. Through use in time, yes. 10
Q. Do you ever recall seeing a companyQ. Do you remember what color they 4 A. Yes.Q. And how did you recognize theQ. And was it a finger type or mitten? 7 A. I see their vehicle, their truck,Q. And would these gloves fray at all? 9 Elizabeth.Q. And do you recall What they were
11
12 frayed gloves until they were no longer usable? 12 A. Any protective clothing, a lot of
Q. And would you continue to use the 11 supplying?
13
14 anything did not seem to satisfy its safe 14 the boots, rubber boots. I am sure shovels,
15 purpose. 15 conductive and nonconductive.
16
17 would it, would the glove release pieces of 17 Industrial Supply supplied any type of
18 fibers into the air at all? 18 asbestos-containing materials?
19 A. Minor pieces. 19 A. Not to my knowledge.
20
21 piece of equipment issued to electricians, or 21 Madsen & Howell?
22 did you have to get them by job? 22 MR. MCNULTY: Objection.
23 A. By job. 23 A. No.
24
25 coils around the pipes, would that be 25 started we had discussed pipecovering that you
A. No. They would be replaced if 13 rubber base product, rain suits, all types ofQ. Okay. And when they would fray, 16 Q. Do you believe that ElizabethQ. And were these gloves a standard 20 Q. How about a company by the name ofQ. And would wrapping these electric 24 Q. Now, sir, earlier when we first got
Page 55 Page 57
1 considered a regular job duty of an 1 believe to be asbestos containing.
2 eiectrician? 2 A. Uh-hum.
3 A. Selective. 3
4
5 by person or by job? 5 pipecovering by the name of Kaylo?
6 A. By skill. 6 A. No.
7
8 recollection of ever seeing Bill Grau wrapping 8 pipecovering or reference to pipecovering
9 any of these electric coils? 9 manufactured by Phillip carey?
10 A. No. And I can tell you he was 10 A. No.
Q. Do you ever recall seeingQ. When you say selective, do you mean 4 pipecovering or reference being made toQ. Do you have any kind of 7 Q. Do you ever recall seeing
11
12
never assigned to it. 11 Q. Are there any other companiesQ. Do you recall the names of any of 12 either — well, strike that. Are there any
13
14 Exxon facility? 14 you havent been asked about here today?
15 A. The only one offhand as I repeated 15 A. No, I cant recall.
16 before is Turtle & Hughes. 16
17
18 by the name of Jersey Insulation there? 18 toid us or you havent been asked about today?
19 A. No. 19 A. There were others. I cant
20
21 by the name of State Insulation there? 21
22 A. No. 22 of asbestos, what you believe to be asbestos-
23
24 by the name of Central Jersey Supply there? 24 about or that you havent been asked about here
25 A. No. 25 today?
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the suppliers that brought materiais to the 13 contractors that you can recall from Exxon thatQ. Okay. Do you recall the names ofQ. Do you ever recall seeing a company 17 any other suppliers from Exxon that you haventQ. Do you ever recall seeing a company 20 remember though.Q. Okay. Are there any manufacturersQ. Do you ever recall seeing a company 23 containing products that you havent told us
Page 58 Page 60
1 A. Repeat that question though. 1 questions for you today, okay?
2
3 of products that you believe to be asbestos- 3
4 containing that you have havent toid us about 4 any respiratory illnesses or cancers?
5 or that you havent been asked about here 5
6 today? 6
7
8 question, but I do believe that I did see, in 8 A. Some breathing.
9 my time, around the insulators John Mansville 9
Q. Sure. Are there any manufacturers 2 A. Okay.Q. Have you ever been diagnosed withA. Yes.Q. What respiratory illness or cancerA. I hope this is the answer to your 7 have you been diagnosed with?Q. Are you familiar with the type of
10
(sic). 10 condition that you have, what its medically
11
12 of insulation products those were? 12 A. No, I dont.
Q. And do you recall exactly what type 11 called?
13
14 powder substance that was to be mixed with 14 iawsuit filed?
15 water and a slight amount of cement. 15 A. No.
16
17 being applied to? 17 an asbestos lawsuit
A. This was, to my recollection, is a 13 Q. Do you currently have an asbestosQ. And do you recall what that was 16 Q. Do you have any intention of filing–
18
19 and protection from the heat. 19
20
21 the name of Eagle Picher at all? 21 going to say, but the court reporter has to
22
23
24 you described to us here today that you 24 ask you that question again. Do you have any
25 performed, with the exception of the wrapping 25 intention of filing your own asbestos lawsuit?
A. Yeah, pipes, pumps as insulation 18 A. No.Q. Let me just finish my question,Q. And do you recognize a company by 20 okay? You might likely anticipate what ImA. No. 22 take down both my question and your answer soQ. All right, sir, and the jobs that 23 the record is clean, okay? So I am going to
Page 59 page 61
1 of the electrical coils, both standard in your 1 A. No.
2
3 consolidation program
4 MS. DANNUNZIO: Objection to form. 4 A. I had a conversation with this
5
6 been regularly performed by all the 6
7 electricians at Exxon? 7 attorney?
8
9 MS. DANNUNZIO: Objection to form. 9
10 ATTORNEYS: Objection by all.
job as an electrician as well as under the 2 Q. Did you perform any research in– 3 order to prepare for your testimony today?Q. — were those jobs that would have 5 gentleman here to my left.Q. Youre referring to plaintiffsA. Yes. 8 A. Yes, yes.Q. Other than your conversation with10 Mr. Kuzmin, did you perform any other research
11
12 for you. I could assume theres going to be 12
Q. Sir, thats all questions I have 11 to prepare for your testimony today?A. No, none whatsoever.
13
14 you. Id like to thank you for your time 14 any materials?
15 today. 15 A. No.
16 A. Youre welcome. 16
17 MR. KUZMIN: Lets take five. 17 research?
18 (Whereupon a brief recess is 18 A. No.
some other attorneys that do have questions for 13 Q. Did you refer to any documents orQ. Did you perform any computer,
19 taken.) 19
20 CROSS-EXAMINATION BY MS. DIVITA: 20 anyone else other than Bill?
21
22
23
24 an attorney with the law firm of Pehlivanian, 24 A. One, one previous.
25 Braaten & Pascarella, and I have a few 25 Mr. KUZMIN: Just so the record is
16 (Pages 58 to 61)
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Q. Did you have any conversations withQ. Hi, sir, can you hear me okay? 21 A. No.A. Yes, I can. 22 Q. How many conversations did you haveQ. My name is Stephanie DiVita. Im 23 with Mr. Kuzmin?
Page 62 Page 64
1 clear, there was one previous before 1 A. He was already deceased.
2 . today. I did meet with Mr. Billinghurst 2
3 for about 20 minutes prior to the 3 A. Yes.
4 deposition this morning. 4
5 THE WITNESS: Thats what I was 5 with Mr. Grau?
6 referring to. 6 A. 1954.
7 MR. KUZMIN: Right. That one but 7
8 then the other one. 8 A. Yes.
9 THE WITNESS: Right. 9
10 MS. DIVITA: So two total meetings. 10 often wouid you say since you knew Mr. Grau
Q. Were you and Mr. Grau friends?Q. When did you first become friendsQ. And did you meet on the job?Q. And other than — withdrawn. How
11
12 BY MS. DIVITA: 12 A. After we departed in 65, I would
13
14 that meeting?
15 THE WITNESS: Youd have a 15 Exxon in 65, how often did you and Mr. Grau
16 better — 16 socialize?
17
18 question. 18
19 A. Okay. 19 understanding, when you were actually working
20
21 acceptabie response, okay? If you can give me 21 A. Oh, yes.
22 an estimate or approximation, thats completely 22
23 fair. If you cant then you cant. Do you 23 A. I knew Mr. Grau from 1954 until his
24 have any idea how long the first meeting took 24 death.
25 place? 25
MR. KUZMIN: Two total including. 11 would you socialize with him?Q. The first meeting, how long was 13 say I see him once a year.14 Q. And prior to your separation fromQ. Actually, I am asking you the 17 A. I didnt know him.Q. SO just so that I have anQ. I dont know is a perfectly 20 at Exxon you did not know Mr. Grau?Q. Okay.Q. Okay. So my question is prior to
Page 63 Page 65
.1
2 recollection as to when it took place, 2 would you socialize with Mr. Grau?
3 where it was? It might help him. 3 A. Prior to 1965.
4 MS. DIVITA: Well, first let me 4
5 exhaust what he knows on his own. 5 facility, how often did you socialize?
6 MR. KUZMIN: Sure. 6 A. Not much, hello, how are you.
7
8 today, how long you believe that first meeting 8 meeting. I think your counsel, counsel
9 was? An approximation. 9 represented that it took place today. How long
10 A. Forty-five minutes. 10 did that meeting –
MR. KUZMIN: Can I refresh his 1 your separation from Exxon in 1965, how oftenQ. When you were working at the sameQ. Can you tell me as you sit here 7 Q. Now, how long was the second
11
12 conducted? 12
13 A. At the Grau residence. 13 A. Two minutes.
14
15 and Mr. Kuzmin other than you two, other than 15 it was about 40 minutes so Im just confused.
16 the both of you I should say? 16 Was that the first meeting or the second
17 A. No. 17 meeting.
18
19 residence, you are talking, do you know the 19 I think I said it was 20, but you know.
20 Individuals name that owns the home or? 20 MS. DIVITA: Okay. Well, its your
21 A. Mr. and Mrs. Grau owned the home. 21 recollection, the witnesss recollection.
22
23 Mr. Grau regarding your testimony today? 23 a short conversation?
24 A. No, he — 24 MR. KUZMIN: Right. But then you
25
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
17 (Pages 62 to 65)
732-283-5737
Woodbridge, NJ 07095
Q. Okay. And where was that meeting 11 A. Two ,minutes?Q. Im asking you because –Q. Was anyone in the presence of you 14 Q. Okay, because Mr. Kuzmin indicatedQ. And when you say the Grau 18 MR. KUZMIN: With all due respect,Q. Did you have any conversations with 22 THE WITNESS: Do you believe it wasQ. Were you and Mr. Grau — go ahead. 25 represented what I represented. So I want
Page 66
1 to re-represent.
2 THE WITNESS:
It was only.the time
3
we left this room, we came back. To me
4
that was two minutes talking to you.
5
BY MS. DIVITA:
6
Q. This morning did you have a
7
meeting?
8
9 and back, thats what were taiking about.
A. When we just walked out the room
10 Q.
Oh, no. Well, I am not talking
11
12 clear.
13 A. Okay.
about that and I apologize if my question isnt
14
15 when you arrived, did you have a conversation
16 with Mr. Kuzmin?
17
18
19 were having conversations, did you have
20 specific discussions regarding the company
21 Ingersoll-Rand?
22 A. Only to identify that I knew that
23 they were a supplier of equipment at the
24 refinery.
25
Q. I am talking about this morningA. No.Q. At the Graus residence when youQ. And was it your recollection of
Page 67
1 Ingersoll-Rand or withdrawn. can you tell me
2
the sum and substance of that conversation?
3
Who started the conversation about
4
Ingersoll-Rand is my first question?
5
A. Best of my knowledge what kind of
6
pumps did you have there. And that was
7
Ingersoll-Rand, Worthington.
8 Q.
And others you didnt recall; is
9
that correct?
10
A. Thats correct.
11
12 pamphlets, or documents regarding
Q. And were you shown any materials,
13
Ingersoll-Rand Company?
14 A.
15
16 about this consolidated program.
17 A. Okay.
18
19 program in effect at Exxon to your knowledge?
20 A. To my knowledge I would say it
21 started in 1955.
22
23 when it ended?
24 A. It never ended.
25
18 (Pages 66 to 69)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
No.Q. I want to talk to you a little bitQ. How long was the consolidatedQ. Do you have an understanding ofQ. Were different employees
Page 68
1 incorporated into the program at different
2 times or something different?
3
A. No, all those who wanted to go into
4
the program.
5
Q. Entered.
6
A. Entered.
7
Q. Do you have specific knowledge that
8
Mr. Grau actually entered that p~ogram?
9
A,. Yes, I do.
10
Q. And what do you base that on?
11
12 I was in the officer of the union, and I know
13 all the people who got their money and didnt
A. Well, I knew, and also at the time
14
15 a first class electrician. All the candidates
16 didnt make it.
17
18 A. And thats it. From there on in,
19 if you were a new hiree to the company, part of
20 your condition of employment was, yes, I am an
21 electrician, but the company said you are
22 something else. Youre a machinist and youre
23 an instrument man.
24
25 A. If you think youre only going to
get their month, which qualified them for beingQ. Okay.Q. Okay.
Page 69
1 pull wires and attach them, youre not working
2
for Exxon.
3
Q. SO it would be fair to say that
4
Exxon made the electricians do a varied amount
5
6 correct?
of things it wasnt just one thing; am I
7
A. Thats the word and they called it
8
consolidation.
9
Q. I understand. So in addition to
10
the work that you might have done with a
11
12 instrument work?
machinist, woul.d you have also done work doing
13
A. Yes.
14
15 you have performed if you were part of the
16 consolidation unit?
17 A. You tried to use that as your
18 gUideline. You had enough to do doing those
19 three particular jobs.
20
21 was spent doing instrument work? Withdrawn.
22 Would that be the same for every member of the
23 consolidation unit, that program?
24 A. That is correct.
25
732-283-5737
Woodbridge, NJ 07095
Q. And what other types of work wouldQ. How much of your time would you sayQ. The consolidation program would ,.
Page 70 Page 72
1
consist of various responsibilities for pretty 1 Q. SO when you were providing
2
much three different types of trades, 2 information regarding specific manufacturers,
.3
instrument, machinist, and electrician; is that 3 if I gave you a series of questions and asked
;4
my understanding, correct? 4 you — well, let me just do it then. You said
5
A. It wasnt divided 33 and a third 5 you testified at times that you would need to
6
percent, all right? Instrumentation we might 6 change flanges on pumps?
7
be involved maybe 10 percent of the time. 7 A. Uh-hum.
8
Q. What about the actual electrical 8 Q. Okay. Do you have any direct
9
work? 9 knowledge as to whether or not Mr. Grau
10
A. Electrical work would be, I would 10 actually changed a flange on an Ingersoll-Rand
11
say 70 percent of the time. 11 pump?
12
Q. And then would the remaining 20 12 A. No.
13
percent be assisting the machinist? 13 Q. You also said that at times it was
14
A. Not only assisting, in some cases 14 necessary for you to assist a machinist with
15
after you learned to do some duties like lining 15 packing in regards to a pump. Do you have any
16
up a pump, as I indicated before, in some 16 direct knowledge of Mr. Grau actually assisting
17
cases, depending upon the work allocation, you 17 with the packing or repacking of an
18
get it yourself. That was the purpose of 18 Ingersoll-Rand pump?
19
consolidation. 19 A. No.
20
Q. Then let me ask you this question 20 Q. You also testified that on occasion
21
because this is really the focus of my 21 it was necessary to disturb a pumps
22
questions. I am more concern about what you 22 insulation. Do you know whether or not, first
23
know about what Mr. Grau did. Would you be 23 of all, all the pumps were even insulated at
24
able to tell me the time he worked assisting 24 the facility?
25
the machinist specifically? Would you have 25 A. All were not insulated.
Page 71 Page 73
,
,1 direct knowledge of that? 1 Q. Would you be able to tell me by
2
A. No, not direct knowledge. 2 manufacturer name which pumps were insulated
3
Q. And once someone received the 3 versus which pumps were not insulated?
4
qualification as, I guess, full electrician, a 4 A. No.
5
first class electrician, would the 5 Q. And then just to that end, wouid
6
consolidation program then kind of end and you 6 you be able to tell me whether or not,
7
would then be doing a hundred percent work — 7 specifically, an Ingersoll-Rand pump was
8
A. No, no. 8 insuiated?
9
Q. Let me just finish my question. 9 A. No.
10
A. Okay. 10 Q. And to that end, would you be able
11
Q. Would the consolidation period then 11 to tell me whether or not Mr. Grau would have
12
end and then you would be doing a hundred 12 come to — withdrawn. Would you be able to
13
14 happen?
percent electrical work or would something else 13 tell me with specificity whether or not you14 have direct knowledge that Mr. Grau ever came
15
A. Something else would happen. 15 into contact with a pump manufactured by
16
Q. Explain to me whether or not you 16 Ingersoll-Rand that may have been insulated?
17
have any direct knowledge as to what Mr. Grau 17 A. No.
18
would have been doing once he became a full 18 Q. You talked about something called a
19
electrician. And if you dont know then dont 19 steam tracer, I just want to understand for my
20
guess. 20 own edification, is that an apparatus or a
21
A. Same as 1. 21 product? Can you describe to me what that is?
22
Q. Now, you didnt work side by side; 22 A. Okay. Refineries as a by-product
23
is that correct? 23 of their operation has a lot of steam and you
24
A. No. I never worked with him 24 almost would call it super heated. Beyond that
25
Brody Deposition Services, Inc.
period, 25 I cant define it. Its hot, hot, hot. And
90
19
732-283-5737
Woodbridge Center Drive, Suite 220(Pages 70 to 73)
Woodbridge, NJ
07095
Page 74 Page 76
1 they will take a line off a header. A header 1 association with the pump from the installation
2 is like a big pipe where the steam is with many 2 of the flange, from the packing material, and
3 points where you can tap a line into it like a 3 from the steam tracer that you believe acted as
4 faucet. 4 insulation; is that correct?
5
6 A. Hose connection. In this 6 insulation.
7 particular case they attached different 7
8 diameter copper tubings and you use that word, 8 insulation.
9 you sock it up home, that means tight. And you
10 take it to where you want to go and you wrap it 10 in the pump warm, and the insulator, through
Q. Okay. 5 A. No, the stream tracer didnt act asQ. It was used in association with9 A. The steam tracer kept the product
11
12 temperature drops, it will affect the 12 little bit around that so we dont have that
around a pump that has a product that if the 11 the directions of the operator might say put a
13
14 inside knows what the temperature of that pump 14 low in the next couple of days, personal
15 is. He hits a button, opens up a valve, 15 favor.
16 electrical valve and out goes a steam tracer. 16
17
18 A. Okay. Now, to get the maximum 18 packing, and insulation; is that correct?
19 amount efficiency out of the steam tracer, and 19 A. Right.
20 this can be a decision by a operator of a unit, 20
21 give it a couple of more wraps and it gets, 21 may have been exposed to asbestos from a pump?
22 Luiggi, the insulator, and says, put a little 22 A. No.
23 dough over it to keep that pump hot. 23
24
25 of an Exxon employee? 25 been any other way Mr. Grau would have been
operation. So this is where the operator 13 problem. I know the temperature is going downQ. Okay. So then let me just makeQ. I understand. 17 sure weve covered everything then, the flange,Q. Any other way you believe that youQ. Okay. And would that hold true forQ. That would have been the directive 24 Mr. Grau to your knowiedge? Would there have
Page 7S Page 77
1 A. Direction of the operator on the 1 exposed to asbestos if he had knowledge of what
2 unit. 2 he was doing through a pump?
3
4 sure I understand, if the decision was made to 4 MR. KUZMIN: Objection.
5 insulate a piece of equipment or if the steam 5
6 tracer was to be used or a pipe was to be 6 right. Im going to withdraw the question –
7 covered, that would be something that would 7 withdrawn.
8 come within the internals of Exxon; is that 8 MR. KUZMIN: You cant withdraw the
9 correct? 9 question. He answered it.
10 MR. KUZMIN: Object to form.
Q. SO to my understanding, let me make 3 A. Other than the pump.Q. Other than the flange — youre, 10 MS. DIVITA: The record speaks for
11
12
A. Yes. , 11 itself.Q. Would you get your orders from an 12 Q. Now, any products that you would
13
14 A. Yes. 14 have come from the supply room?
15
16 from an Exxon superior? 16
17 A. Yes. 17 those supplies would have been come from?
18
19 superior is an employee of the company that – 19
20 would have been of a higher rank than you; is 20 was, lets say, a steam tracer, would you be
21 that correct? 21 able to tell me who the suppler was?
22 A. Yes. 22 A. No.
23
24 make sure I have a complete understanding, that 24 responsibilities with ordering supplies?
25 you believe you were exposed to asbestos in 25 A. Yes. All the employees did.
20 (Pages 74 to 77)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
Exxon superior? I 13 have needed to use as an electrician would theyQ. Wouid Mr. Grau gotten his orders 15 A. Yes.Q. Would you know, specifically, whereQ. And what I mean by an Exxon 18 A. Yes.Q. SO if I asked you who the supplierQ. Now, you testified, I just want to 23 Q. I guess, did you have any
Page 78 Page 80
1 Q. Would you make a request to 1 A. At my request.
2 purchasing, or would you actually call up the 2 Q. Okay. And you mentioned it was
3 companies and order the materials yourself? 3 after Mr. Grau had passed away?
14
5 We had an ordering book and the company devised 5 Q. can you tell me how long after when
6 a sequence of numbers and letters and say we 6 that actually occurred, your meeting, not his
7 wanted so much, and they would bring it right 7 death. And if it helps, you just tell me a
A. We would call up Turtle & Hughes. 4 A. Correct.,
8 up to the job site and drop it right off where 8 season.
9 you were working. 9 A. I think possibly April.
10 MS. DIVITA: Off the record. 10 Q. And thats April 2008, correct?
11
12 the record.) 12 Q. Now, when you went to Mr. Graus
(Whereupon discussion is held off 11 A. Correct.
13
14 still in business today? 14 point?
15
16 Q. Do you know where they were located 16 son was in the living room.
17 out of? 17 Q. And I just want to make sure the
18 A. I did say Rahway Avenue, but I 18 record is clear, but Mrs. Grau was not in the
19 think thats an error on my part. But they 19 room while you were talking with Mr. Kuzmin?
20 were the supplier without a doubt. 20
21 Q. Im going to look at my notes but I 21 Q. Now, previous counsel asked you
22 dont think I have any further questions. 22 about whether you were shown any documents
23 Thanks for your time, sir. 23 about a particular company meaning
24
25 CROSS-EXAMINATION BY MR. McNULTY: 25 from any company?
Q. Do you know if Turtie & Hughes is 13 residence, who was home at that particularA. I dont know. 15 A. Mrs. Grau was there and I believe aA. That is correct.A. Youre welcome. 24 Ingersoll-Rand. Were you shown any documents
Page 79 Page 81
}1 Q. I just have a couple of questions 1 A. None whatsoever.
2 for you, okay? 2 Q. Were you shown any pictures
3
4 Q. First of all, my name is Tom 4 A. No.
5 McNulty. Im from McGivney
6 represent a few of the Defendants. I want to 6 mention any companys name to you during — at
7 ask you some basic questions, okay? 7 any point during that conversation?
8 A. Okay. 8
9 Q. You mentioned earlier that your 9 companies and Ingersoll-Rand and Worthington
10 conversation with Mr. Kuzmin occurred at the 10 comes out of my mouth like a hot dog and a
A. Sure. 3 regarding any company?& Kluger, and I S Q. Did Mr. Kuzmin, specifically,A. Questions were do you know of any
11
12 A. Thats correct. 12 Q. I understand that Mr. Kuzmin asked
Grau residence; is that — 11 soda.
13
14 other words, did he call you? Did you call him 14 MS. DIVITA: Move to strike
15 or something else happened? 15 portions that are nonresponsive.
16 A. Mr. Kuzmin called me. 16 Q. I understand that Mr. Kuzmin had
17 Q. And I assume he called you at your 17 asked you questions about a particular products
18 residence; is that correct? 18 or equipment et cetera, et cetera. I want to
19 A. Correct. 19 know if Mr. Kuzmin asked you, specifically, are
20 Q. And how long did that conversation 20 you familiar with A, B, C, company, that type
21 last? 21 of thing?
22 A. Not long. 22
23 Q. Did you just set up like a meeting 23 Q. Okay. Do you recall those company
24 point you know. Ill meet you here, that type 24 names that Mr. Kuzmin, specifically, asked you
25 of thing? Is that what — 25 about?
Q. How did you meet Mr. Kuzmin? In 13 you –A. Yes.
,
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
21 (Pages 78 to 81)
732-283-5737
Woodbridge, NJ 0709S
Page 82 Page 84
1 A. No. Some of them, no. 1 A. No.
2
Q. Okay. When was the last time you 2 Q. You ever been diagnosed with any ,
3 spoke with Mr. Grau himself? 3 sort of cancer?
4 A. Halloween night of last year, 2007. 4 A. Yes.
5
6 deposition? 6 A. Bladder.
7 A. No. 7
·8
9 particular products or equipment or anything 9
10 like that during that conversation on 10 for your cancer?
Q. Did you talk to him about his 5 Q. What type of cancer?Q. Any others?Q. Did you talk to him about any 8 A. No.Q. I am assuming youre in remission
11
12 A. It was a sad Halloween. 12
Halloween? 11 A. Yes.Q. Good for you. Are you married,
13
14 ask these questions on behalf of my client. I 14 A. Yes.
15 apologize, okay? 15
16 A. Okay. 16 A. Fifty-seven years.
17
18 products and stuff like that? 18 with Mr. and Mrs. Grau?
19 A. Nothing. 19 A. No.
20
21 you talk to Mr. Grau about, did you ever talk 21 A. Yes.
22 to him about any sort of products or equipment 22
23 outside the work place? 23 mean this, I mean just in a general
24 A. Nothing like that. 24 socialization, did your wife socialize with Mr.
25
Q. I understand, sir, but I have to 13 currently married?Q. How long have you been married?Q. And your answer was no particular 17 Q. Did you and your wife associateQ. Previous to that conversation, did 20 Q. Does your wife know Mr. Grau?Q. Does she socialize, and I dontQ. Did you ever speak with Mr. Graus 25 Grau?
Page 83 Page 8S
1 daughter or wife about any,particular products 1 A. No.
2 or equipment? 2 MR. McNULTY: Off the record.
3 A. No. 3 (Whereupon discussion is held off
4
5 other than Mr. Kuzmin about Mr. Graus work 5
6 history at the Exxon facility? 6 A. No.
7 A. No. 7
8
9 diagnosed with some breathing disorders? 9 time, okay. Thank you very much.
10 A. Uh-hum. 10 A. Youre welcome.
Q. Did you ever speak to anybody else 4 the record.)Q. Do you have any kids?Q. Sir, I think thats all theQ. You indicated that you were 8 questions Im going to have. I appreciate your
11
12 of those? 12
Q. Do you know whi;lt thats called, any 11 CROSS-EXAMINATION BY MS. HENRICH:Q. Good morning, Mr. Billinghurst.
13
14
15 something like that? 15 represent Bell & Gossett. I did get a little
16 A. I did have a cough. 16 confused when you were testifying earlier
17
18 name? In other words, did you just have a 18 associate with the name Bell & Gossett?
19 cold? 19 A. In the office buildings hot water
20 A. Similar to that. 20 circulating pumps on the heating system.
21
22 asbestosis? Thats what Im asking? 22 originally when you were talking about valves.
23 A. No. 23 Do you associate Bell & Gossett with the name
24
25 sort of like a chronic pulmonary disorder? 25 just those hot water circulating pumps?
A. Well, I have like phlegm. 13 A. Good morning.Q. Did you have like a cough or 14 Q. My name is Trish Henrich. IQ. Okay. Was it given a specific 17 today. What product or products do youQ. Okay. You ever been diagnosed with 21 Q. I know your testimony came upQ. You ever been diagnosed with some 24 valves or with the product valves, or is itI
22 (Pages 82 to 85)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
Page 86 Page 88
1 A. Hot water circulating pumps and 1
2 valves associated with equipment. As you know 2 A. Youre weicome.
3 you, you buy the motor, you buy the coupling, 3 CROSS-EXAMINATION BY MS. MEGERIAN:
i4 and you buy the pumpi is that correct, as one 4
Q. Thank you, sir.Q. Good morning, Mr. Biliinghurst. My
5
6
7 information. 7 of the Defendants. Are you okay to continue?
8 A. Okay. Well, thats how they come. 8 A. Absolutely.
9
10
unit? 5 name is Talene Megerlan. Im from Segal,Q. Sir, I cant give you that 6 Mccambridge, Singer & Mahoney. I represent oneQ. Okay. 9 Q. Okay. Hopefully, I wont be tooA. And a valve. 10 long. can you tell me what your date of birth
11
12 believe you saw Bell & Gossett valves that were 12 A. March 30, 1929.
Q. Okay. So in terms of valves, you 11 is?
13
14 A. Yes, correct. 14 Garlock gasketsi is that correct?
connected to these hot water circulating pumps? 13 Q. You testified that you worked withI
15
16 with anything besides these hot water 16
17 circulating systems in the offices? 17 Mr. Grau working with a Garlock gasket?
18 A. No. 18 A. No.
19
20 one of these Bell & Gossett hot water 20 gaskets?
21 circulating systems? 21 A. Made gaskets for some pumps, odd
22 A. No. 22 pieces of equipment where you couldnt get a
23
24 saw somebody else working on a Bell & Gossett 24
25 hot water circulating system? 25 by you made a gasket?
Q. Do you associate Bell & Gossett 15 A. Uh-huh.Q. Did you have direct knowledge ofQ. Did you ever see Mr. Grau work on 19 Q. What work did you do with GarlockQ. Was Mr. Grau ever present when you 23 pump or it was too old so you made a gasket.Q. Can you explain to me what you mean
Page 87 Page 89
)1 A. No. 1
2
3 systems have outside insulation? 3 tried to do a total job as you could with the
4 A. No. 4 pump because it might be an obsolete piece of
5
6 temperature going through those pumps? 6 used a circle cutter if you had to at least get
7
8 service man might be. 8 where thered be bolts holding the pump
9
10 A. It could be as low as 180 degrees, 10 cutter, you used tin snips to cut it or a large
A. Well, you take the pump apart andQ. Were these hot water circulating 2 thats where you had a gasket on there and youQ. Do you have any idea the 5 equipment. You got the gasket material, youA. Sure. Depends upon who your 7 the thing round. And then youd have a punchQ. Okay. 9 together. And if you didnt have the circle
11
12 thermostat and he tries to get about a couple 12 because the fabric or material was very heavy.
and if the woman complains a lot, jacks up the 11 pair of scissors, but, basically, tin snips
13
14
15 systems werent used in the refinery part of 15 A. Yes, correct, correct.
16 the business but in the office part of the 16
17 business? 17 manufacturers of the old gaskets that you were
18
19
of degrees below boiling. Not advised though. 13 Q. SO you were removing an old gasketQ. And these hot water circulating 14 and then putting in a new gasket?Q. Okay. Did you know theA. Correct. 18 removing?Q. Do you associate any asbestos with 19 A. No, no. -
20 these Bell & Gossett hot water circulating 20
Q. And how did you know that the -
21 system? 21 gaskets that you were installing were Garlock
22 A. No. 22 gaskets?
23
24 Gossett products you encountered at Exxon? 24 knew it was Garlock. That was the replacement
25 A. Yep. 25 because it was printed on the surface of the
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
23 (Pages 86 to 89)
732-283-5737
Woodbridge, NJ 07095
Q. Have we talked about all the Bell & 23 A. It was, I didnt know that. I only
On site in the shop.
And you performed the cutting?
Yes, yes.
Were you done with your answer?
No. I performed the cutting of the
Page 90
1 product.
2
3 that you were installing.
4 A. That was Garlock.
5
6 on the sheet?
7 A. Yes, the manufacturers name.
8
9 like?
10
Q. Thats what I mean. The gasketQ. That was Garlock. That was printedQ. Okay. And what did that name lookA. It was rather large scroll, and it
11
12 name. It was an are, arc printing.
13
14 marks on the gasket?
15
16 my memory.
17
18 packaging that the gaskets came in on?
19
20
21 gaskets?
22
23
24 that you used, were they cut — where were they
25 cut, on the site, in the shop, or somewhere
was, as I recall, it wasnt like a straightQ. Were there any other identifyingA. Not to my knowledge at this time inQ. Did you ever see the box orA. No, I did not.Q. Did you ever use any preformedA. No.Q. When the sheet material gaskets
Page 91
1 else?
2
A.
3
Q.
4 A.
5
Q.
6
A.
7 gasket.
8
9 cut the sheet gasket material?
10 A. Well, were talking a 9-inch
11 diameter hole, it would be, if you were
12 productive that day, maybe 15, 20 minutes.
Q. How long would it generally take to
13
14 material?
15 A. Just to cut the gasket, yeah.
16
17 removing the old gasket, installing the new
18 gasket; is it fair to say that it was mostly,
19 you know, undoing the pump, you know, all the
20 other — undoing all the parts to actually get
21 to the gasket.
22 MS. DIVITA: Objection.
23
24 MR. KUZMIN: Object to form.
25 MS. DIVITA: Objection to form.
24 (Pages 90 to 93)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
Q. And thats just to cut the gasketQ. How long did the whole process ofQ. Was that the majority of the time?
Page 92
1 A. Only part of the time.
2
3 that you removed, how would you remove that?
4 A. With a scraper.
5
6 A. It could have.
7
8 Garlock gaskets contained asbestos? ,
9 A. It was a product that you had to
10 use. We had different types of gasket material
Q. Okay. And then the old gasketsQ. And did that create dust also?Q. Okay. How did you know that the
11
12 and metal, and this did have, we were told we
around cork, paper, some combination of paper
13
had to use this Garlock because were having a
14
15 going through the pump, but you had fibrous
16 ends on this gasket material when you cut it
17 apart. You didnt have a clean sheer.
18
19 contained asbestos?
20
21 That was the only way you could handle it at
22 that time of our period of life in the fifties.
23 We didnt have some of these super gasket
24 materials that are on the market today. We
25 were using the basic and one of the things that
temperature condition. Meaning hot productQ. Is that how you knew that itA. No. I am making my own analogy.
Page 93
1 were really flexible in the industry was things
2 that contained asbestos products.
3
4 testimony that you were just assuming that the
5 Garlock gaskets contained asbestos?
6 MR. KUZMIN: Object to form.
7
8
9 saying that you only used the Garlock gaskets
10 for, on pumps?
Q. SO am I understanding yourA. Yes.Q. And I also want to clarify, are you
11
12
13
14 time you met with Mr. Kuzmin at the Grau
15 residence. Did Mr. Kuzmin, specifically, ask
16 you about Garlock gaskets?
17
18
19 questions that I, have for you. Thank you.
20
21 CROSS-EXAMINATION BY MS. DIVITA:
22
23 follow ups.
24
25
732-283-5737
Woodbridge, NJ 07095
MS. DIVITA: Objection to form.A. Basically, yes.Q. And I just want to go back to theA. No.Q. I think that might be all theA. Youre welcome.Q. Sir, hi again. Just a few quickA. Okay.Q. When you were performing this type
Page 94 Page 96
1 of work that you described on pumps, that was 1 digging a big whole conduit.
2 during turnarounds, right? 2 It would be coordinating your work
3 MR. KUZMIN: Object in form. 3 with other crafts, concrete, having electrical
!4 A. No, not necessarily. 4 consoles being brought in that have electrical
5
6 piace at Exxon? 6 into a control panel. Actually, it adhered to
7 A. It could be eight months to a year 7 the blueprints that you had. You would make
8 and eight months. 8 sure that all the conduits coming into the
9
10 doing turnarounds you filled out paperwork; is 10 EYS conduits. And you would pull wire through
Q. How often did a turnaround take 5 switch gear into it, which then had to be takenQ. And you said that when you were 9 control center you made had what they called
11
12 A. Yes. 12 And they are a very important
13
14 every time you worked on a piece of equipment? 14 proof. And you would unscrew a metal plug and
15 A. We had to go to operator who is in 15 untie a piece of asbestos rope and take either
16 charge of the unit to get a work permit. 16 the whole rope or part of the rope and wrap it
17
18 give you a specific task that you had to 18 tightly as you could with a stick so you
19 perform? 19 wouldnt damage the wire.
20 A. Yes. 20 And then you would pour a compound
21
22 of equipment you would be working on? 22 compound. And then you would put the plug back
23 A. No. 23 in, and you would hope that in the future no
24
25 maintenance history associated with that piece 25 would get into the control house.
that correct? 11 these.Q. Did you have to fill out paperwork 13 point. These EYS conduits were explosionQ. And on that work permit, would it 17 around the electrical wires in the conduit asQ. Would you know the age of the piece 21 by the name of Chico, which was a sealingQ. Would you know all of the 24 gasses from underground through that conduit
Page 95 Page 97
!1 of equipment? 1
2 A. No. 2 A. Okay. That would be one phase.
3
4 lets say, assisting a machinist packing or 4
5 unpacking a pump, you wouldnt know whether or 5 every single detail. I am talking about just
6 not that packing had been removed on prior 6 general things. Did you do diagnostics?
7 occasions; is that correct? 7 A. Yes.
8 MR. KUZMIN: Object to form. 8
9 A. Thats correct. 9 some construction work that you did..
10
Q. Are you done?Q. SO is it fair to say if you were, 3 And lets call that under construction.Q. I dont need you to go throughQ. Okay. And you just told me aboutQ. Same thing with the gaskets? 10 A. Right.
11
12 MR. KUZMIN: Same objection. 12 maintenance work that you did?
13
14 packing and gaskets, you would have other 14
15 responsibilities, correct? 15 A. Yep.
16 A. Yes. 16
17
18 different things you did while you were 18
19 employed as an electrician or in the
20 consolidated unit? Its going to be exhaustive 20 all the relays, set then up under engineering
21 I imagine, but I need to understand. 21 specifications. These relays would monitor a
22 A. Once you assumed the first class 22 circuit designed by an engineer to say how many
23 status, you could be assigned to a job where 23 amps, how many bolts, set them for overload,
24 you would be actually be putting up a small 24 underload. That was another phase of the
25 motor control center thats from scratch 25 operation, which you could be elected to do as
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
25 (Pages 94 to 97)
732-283-5737
Woodbridge, NJ 07095
A. Yeah. 11 Q. Then you told me about someQ. And in addition to your work, using 13 A. Right.Q. Anything else?Q. You told me about instruments.Q. Can you list for me all the 17 A. Instruments.Q. Okay., 19 A. And then we used to take care of
Page 98 Page 100
1 a first class electrician. 1
2
3 Mr. Grau also have been assigned to diagnostic 3
4 tasks? 4 departments were at the Exxon plant while you
5 A. Could have been. 5 were there or areas? However you want to
6
7 assigned to construction type work? 7 A., It was just a super petroleum
8 A. Yes. 8 manufacturing area where they took the crude in
9
Q. Okay. Thats what I need from you?Q. Okay. So just to summarize, would 2 A. Huge.Q. Okay. And how many units orQ. And could Mr. Grau also been 6 characterize It.Q. And could Mr. Grau been assigned to 9 from the waterfront and ran it through the pipe
J
10 maintenance type work? 10 stills and the CAT plant and came out with
11
12
13 assigned to do instrument type electrical work? 13 had a tank field, storage tanks.
14 A. Yes. 14
15
16 been assigned to do the relay engineering 16 knew what he did on a daily basis; is that
17 specifications that we talked about? 17 true?
18 A. Yes. 18 A. Thats correct.
19
20 wasnt involved in the consolidation program he 20 given day you might have been, lets say, on
21 wouldnt solely be doing only work on pieces of 21 one part of the plant, and Mr. Grau would be
22 equipment; is that correct? 22 wayan the other side of the plant?
23 MR. KUZMIN: Object to form. 23 A. Thats correct.
24 A. You have to review that, maam. 24
25
A. Yes. 11 finish products such as gasoline, aviationQ. And could Mr. Grau have been 12 fuel, No.6 tar oil as they call it. And theyQ. You testified earlier that you wereQ. And would he have also potentially 15 never really by Mr: Graus side or that youQ. SO its fair to say that even if he 19 Q. SO would it be fair that on anyQ. You also mentioned that you recallQ. Sure. In light of all these other 25 seeing Johns Manville powder at the site.
I
Page 99 Page 101
i
1 responsibilities that he had, what Im getting 1 A. Yes.
2 at is, his day varied, correct? 2
3 A. Oh, yes, absolutely. 3 wrong, you testified that you saw that product
4
5 thing per day every day, correct? 5 A. Correct.
6 A. He was assigned to that day. His 6
7 supervisor knew where he was and what he was 7 you know?
8 doing. 8 A. Exxon did.
9
10 A. That is correct. 10 of the plant.
Q. And I believe, correct me if ImQ. He wasnt told to do one particular 4 around the insulators, correct?Q. Who employed those insulators ifQ. And that varied, correct? 9 Q. Okay. I am going back to the size
11
12 THE WITNESS: Good morning. 12
Q. Thank you. 11 A. Okay.Q. You also mentioned that there was a
13
14
15 name is Marissa Banez. I just have a few 15 A. Correct.
16 questions for you. Can you tell me, 16
17 apprOXimately, how large the Exxon Refinery was 17 railroad and what was the ending point? If you
18 when you worked there with Mr. Grau? 18 can characterize it in any way you wish.
19 A. In acres? 19 A. Trains started out in New York
20
21 whatever. 21
22 A. You dont want to guess. 22 A. And went all the way down to South
23
24 bigger than a city block? 24
25 A.
26 (Pages 98 to 101)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
CROSS-EXAMINATION BY MS. BANEZ: 13 railroad that went through the refinery,Q. Good morning, Mr. Billinghurst. My 14 correct?Q. What was the starting point of thatQ. However you want, acres, miles, 20 City.Q. Uh-hum.Q. Well, let me ask you this, was it 23 Jersey.Q. Oh, I see. This was like –n went from Elizabeth to Linden. 25 A. Both passenger and freight.
Page 102 Page 104
1
Q. Okay, I got you. Have you ever 1 A. No.
2
heard of a company by the name of AC&S or 2 Q. When was the first time you found
3
Armstrong Contracting & Supply? 3 out asbestos was a health hazard?
4
A. Uh-uh. 4 A. Not that I found out it was.
5
Q. Have you ever heard of a company by 5 Q. Possibly a hazard.
6
the name of Porter-Hayden? 6 A. Correct. The company gave anyone
7
A. Sort of rings a bell, but I cant 7 who handled, was an insulator, got 15 minutes
8
say I definitely did. 8 wash up time as did a painter, who painted the
9
Q. Okay. Do you associate that name 9 tanks with that silver paint at that earlier
10
with Exxon? 10 stage of life. You know they had everything in
11
A. Well, thats where I probably have 11 it to prevent rust.
12
to have heard it. 12 Q. And how did that suggest to you
13
Q. But you just dont have a specific 13 that there was a health hazard associated with
14
recollection? ! 14 asbestos exposure?
15
A. Thats correct. 15 A. Obviously it was because they gave
16
Q. Thats fine. Are you famiiiar with 16 you 15 precious minutes of their time that you
17
a company by the name of Trybee, T-r-y-b-e-e? 17 were able to go up and shower. So we knew it
18
A. No. 18 was possibly something that was not good.
19
Q. Have you ever worked at the DuPont 19 Q. And was that general knowledge in
20
Linden plant at any time? 20 the facility?
21
22
A. No. 21 A. General knowledge of what, sir?Q. Those are all the questions that I 22 Q. General knowledge that there was a
23
have. Thank you, sir. 23 potential health hazard associated with the
24
A. Youre welcome. 24 asbestos?
25
MR. EDELL: I have some questions. 25 A. I dont really think so at that
Page 103 Page lOS
,1
MR. KUZMIN: Sure. 1 time. I really dont.
2
CROSS-EXAMINATION BY MR. EDELL: 2 Q. Just only among the insulators?
3
Q. My name is Marc Edell. You said 3 Knowledge just among the insulators?
4
that you were an officer in the union? 4 A. No, not even among them. They just
5
A. Yes. 5 thought it was a dirty product their body
6
Q. What union was that? 6 service wise, that part of the product that was
7
A. Independent Petroleum Workers 7 on their flesh. As a painter might have
8
Union. 8 splatters of paint on their face. So they gave
9
Q. And what position did you have? 9 them this extra time.
10
A. Financial secretary. 10 Q. Okay. Were there any physicais
11
Q. And how iong were you a member of 11 being performed at the faciiity?
12
the union? 12 A. Physicais?
13
A. Fifteen years approximately. 13 Q. Yes.
14
Q. Was that a local? 14 A. Yes, there was, yearly.
15
A. A company. 15 Q. Did you read any newspapers?
16
Q. A company union? 16 A. Did I read newspapers? Yes, sir.
17
A. Yeah. 17 Q. What newspapers did you read during
18
Q. And did you have safety meetings? 18 your employment at Exxon?
19
A. The union? 19 A. One time New York Times, Newark
20
Q. Yes. 20 Star Ledger. Earlier days The Elizabeth Daily
21
A. Yes. 21 Journal.
22
Q. Were there union publications? 22 Q. Lets say around 1965, 64, did you
23
A. No. 23 read the New York Times?
24
Q. Did you ever have any safety 24 A. Yes, I did.
25
Brody Deposition Services, Inc.
meetings that related to asbestos? 25 Q. On a steady basis?
90
27
Woodbridge Center Drive, Suite 220(Pages 102 to 105)
732-283-5737
Woodbridge, NJ
07095
Page 106 Page 108
1 A. Pretty much so. 1 A. My recollection is that one of the
2
3 A. No. 3 taking the tankers through the Panama Canal.
4
5 basically? 5
6 A. Yeah. 6 A. No, other than standing how rough
7
8 appeared there on Dr. 5elikoffs studies? 8 they had no guns on their ships.
9 A. No. 9
10
Q. Did you have it delivered? 2 highlights, he didnt talk about it too much,Q. But you read it every day 4 He was at the wheel.Q. Anything else he ever tell you?Q. Did you read the articles that 7 the watch was. How eventful it was becauseQ. Did Mr. Grau ever tell you that heQ. Did you ever hear of Dr. Selikoff? 10 was exposed to any asbestos or asbestos-
11
12
13 you.
14 CROSS-EXAMINATION BY MS. DANNUNZIO: 114
15
16 I have a couple of follow-up questions. First, 16 about asbestos or asbestos-containing products?
17 what is your date of birth? 17 A. No.
18 A. I did say that, March 30, 1929, 18
19 good year. 19 ill, did he ever discuss anything with you at
20
21 the back. After Exxon can you just tell us 21 products?
22 briefly, what types of jobs or where you 22 A. I think not. I was one of the last
23 worked? 23 to know how ill he was.
24 A. Yeah, very interesting, General 24
25 Motors, Clark Township, New Jersey, Hyatt 25 prior asbestos lawsuit?
A. No, I didnt. 11 containing products when he was in the MerchantQ. I have no further questions. Thank 12 Marines or the military?13 A. No.Q. At any time before Mr. Grau becameQ. Sir, my name is Nicea DAnnunzio. 15 ill, did he ever discuss with you anythingQ. At any time after Mr. Grau becomeQ. Im sorry, I didnt hear. I was in 20 all regarding asbestos or asbestos-containingQ. Are you aware that Mr. Grau had a
Page 107 Page 109
1
2
3 with Mr. Grau at any other job sites or 3 A. No.
4 location? 4
5 A. Beside Exxon? 5 contemplating one. Have you ever filed any
6
7 A. I told you General Motors. 7 workers comp case?
8
9 A. Yes, I said that. 9
10
Roller Bearing. 1 A. No.Q. Aside from Exxon did you ever work 2 Q. He never discussed that with you?Q. And I know you said youre notQ. Yes, besides Exxon. 6 type of asbestos-related claim or lawsuit orQ. You worked with him there? 8 A. No.Q. Did Mr. Grau ever tell you at anyQ. Im sorry. 10 time of any type of home improvements that he
11
12 MR. KUZMIN: No, just so were 12 A. He painted.
A. Worked for General Motors. 11 did?
13
14 Grau anywhere — 14 A. He put the roof on his house.
15 THE WITNESS: Oh, oh, excuse me. 15
16 Then I better clear mine — I thought you 16 A. He put the boiler in.
17 was asking me where I worked. 17
18
19 anyplace other than Exxon? 19 A. ) No, thats pretty much it.
20 A. No. 20
21
22 regarding his military or Merchant Marine 22 doing any type of home improvement work that he
23 employment or what he did in the Marines? 23 might have done at the home?
24 A. Very little. 24 A. No.
25
clear, shes asking if you worked with Mr. 13 Q. Anything else?Q. Anything else?Q. Anything else he ever tell youQ. Did you ever work with Mr. Grau at 18 about work he did on his home?Q. Did Mr. Grau ever tell you that heQ. Did Mr. Grau ever tell you anything 21 was exposed to asbestos either at his home orQ. What did he tell you? 25 Q. When you met with Mr. Graus
,
28 (Pages 106 to 109)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite
220
732-283-5737
Woodbridge, NJ
07095
Page 110 Page 112
1
counsel, were you asked to sign anything at any 1 that, correct me if Im incorrect, that the
2
time? 2 meeting between you and Mr. Kuzmin was at your
3
A. No. 3 request?
4
Q. Have you ever been asked to sign 4 A. No.
5
anything at all related to this lawsuit? 5 Q. No, okay. Did you ever offer your
6
A. No. 6 assistance to the Graus before meeting with
7
Q. Did you ever see Mr. Grau work near 7 Mr. Kuzmin?
8
any insulation contractors other than Exxon 8 A. No.
9
employees? 9 Q. And you also mentioned that you
10
A. No. 10 were the financial secretary of the union?
11
MR. KUZMIN: Objection. 11 A. Yes.
12
Q. Did you ever see Mr. Grau work on 12 Q. When did you become the financial
13
any valve at any time? 13 secretary?
14
15
A. No. I 14 A. I would say, approximately, 1963.Q. Did you ever see Mr. Grau work on 15 Q. And for how long?
16
any pump at any time? 16 A. Well, my employment was terminated
17
A. No. 17 in 65 so two years.
18
Q. Did you ever see Mr. Grau work on 18 Q. SO you were their financial
19
any boilers or burners at any time? 19 secretary for the full two years?
20
A. No. 20 A. Yes.
21
Q. Do you know the manufacturer of any 21 Q. Until you were terminated?
22
valves that Mr. Grau worked on at any time? 22 A. Yeah.
23
MR. KUZMIN: Objection. 23 Q. Did you ever hold any other
24
A. No. 24 positions with the union?
25
Q. Do you know the manufacturer of any 25 A. No, no.
Page 111 Page 113
,1
pumps that Mr. Grau worked on — 1 Q. At any point while you were in the
2
A. No. 2 union, did they ever discuss the hazards of
3
Q. — at any time? 3 asbestos?
4
A. No. 4 A. No.
5
MR. KUZMIN: Youve got to wait for 5 Q. Did your work as financial
6
her to finish. 6 secretary of the union take you out of your
7
THE WITNESS: Yeah, okay. 7 daily work at Exxon at any point or was that
8
Q. No? 8 after your work at Exxon?
9
A. No, no. 9 A. Daily.
10
Q. Did you know the manufacturer of 10 Q. SO how much of your day in 1963 to
11
any boilers or burners that Mr. Grau worked on 11 1965 would be spent doing your activities as a
12
at any time? 12 financial secretary for the union?
13
MR. KUZMIN: Object, foundation. 13 A. On a weekly basis on the finances
14
A. No. 14 maybe four hours.
15
Q. Thank you. I dont have any 15 Q. Anything else that you did –
16
further questions. 16 A. Then I was invited to other
17
A. Youre welcome. 17 meetings between the union and the company as
18
CROSS-EXAMINATION BY MR. SINGER: 18 one of the officers to listen in.
19
Q. Hi, Mr. Billinghurst. 19 Q. Did any of these meetings ever deal
20
A. Hi. 20 with safety issues?
21
Q. How are you? My name is Steven 21 A. Yes.
22
Singer. Im from the law firm of Sedgwick, 22 Q. Did any of these meetings ever deal
23
Detert, Moran & Arnold. I have just a few, 23 with asbestos hazards?
24
hopefully, follow-up questions for you. You 24 A. No.
25
Brody Deposition Services, Inc.
mentioned during one of the other follow-ups 25 Q. Now, after you become part of the
90
29
732-283-5737
Woodbridge Center Drive, Suite 220(Pages 110 to 113)
Woodbridge, NJ
07095
Page 114 Page 116
1 consolidated electricians, machinists, and 1 A. Right.
2 instrumentai group — 2
3 A. Uh-hum. 3 recollection of Foster Wheeler employees at any
4
5 people were In that group? 5 A. Other than subcontractors they sub,
6 A. This is a ballpark figure. It had 6 worked out. They had the contract.
7 to be 350 people. 7
8
9 given time, or was that a peak? 9 with Exxon.
10 A. That was within a mechanical force 10
11 the 350 people. 11 contracts between Foster Wheeler and Exxon?
12
Q. Do you have any specificQ. — in 1954, can you tell me how many 4 of those three sites?Q. Okay.Q. Now, is that 350 people at any 8 A. And they had a close relationshipQ. Did you ever see any of theQ. Now, how many of those people would 12 A. Any contracts?
13
14 A. Approximately, at that time maybe 14 A. No, no.
15 80 to 90. 15
16
17 trainee in 1954, did you work with any 17 identified them as a Foster Wheeler
18 particular electricians? 18 subcontractor?
19 A. Not with any, we worked with all. 19 A. I believe their safety helmet had
20
21 examination you had mentioned a company by the 21
22 name of Foster Wheeler so I want to talk to you 22 an F.W. helmet?
23 about that company real qUickly. You had 23 A. Might have, might have. I really
24 mentioned that you believe that Foster Wheeler 24 dont know.
25 reinsulated pipes. Can you tell where that 25
have been first class electricians? 13 Q. Yes. Did you ever see any of them?Q. Would the subcontractors be wearingQ. Now, when you become an electrician 16 any uniform or helmet or eqUipment thatQ. All right. During Mr. Kuzmins 20 F.W. on it.Q. Okay. So even a subcontractor hadQ. Okay. And I am asking from your
Page 115 Page 117
1 took place?
2 A. On some of the operating units, 2 fine.
3 mainly the CAT plant, the pipe stills, and it 3 A. Yeah.
4 could have been the power former too. 4
5
6 what business Foster Wheeler was in? 6 A. Outside.
7 A. Yes, design and engineering 7
8 primarily. 8 stills, was that outside or inside?
9
10 and engineered the CAT plant? 10
11 A. The answer to that question wouid 11 that –
12 be I dont know. 12 A. Outside.
- . 1 recollection. If you dont recall, thatsQ. The work at the CAT plant, was thatQ. Do you have an understanding as to 5 outside or inside?Q. And the same thing with the pipeQ. Do you believe that they designed 9 A. Outside.Q. And lastly, the power former, was
13
14 question with regard to the pipe stills and the 14 Foster Wheeier of a Foster Wheeler
15 power former, would you also not know that? 15 subcontractor insulated pipe in the CAT plant?
16 MR. KUZMIN: Object to form. 16 Do you recall any specific time period?
Q. Okay. And if I asked you that same 13 Q. — outside? Do you recall when
,
17 A. I dont know. 17 A. No, I couldnt.
18
19 Grau was ever in the presence while Foster, 19 period when a Foster Wheeler employee or a
20 Wheeler was ever reinsulating pipe? 20 subcontractor did work on the pipe stills?
21 A. No. 21 A. No.
22
23 where Foster Wheeler employees were 23 to the power former?
24 reinsulating pipe, the CAT plant, the pipe 24 A. No.
25 stills, and possibly the power formers. 25
30 (Pages 114 to 117)
Brody Deposition Services, Inc.
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732-283-5737
Woodbridge, NJ 07095
Q. Do you recall, specifically, if Mr. 18 Q. Do you recall any specific timeQ. Now, you had mentioned three areas 22 Q. Lastly, same question with regardQ. SO as you sit here today, youre
Page 118 Page 120
1 not able to tell me any incidents when you 1
2 believe a Foster Wheeler employee or worked 2 or not these motors require any kind of
3 performed by Foster Wheeler caused Mr. Grau to 3 insulation?
4 be exposed to asbestos? 4 A. No.
5 A. No, I cant. 5
6
7
8
9 about motors manufactured by Generai Electric, 9
10 okay? Now, the first thing that you mentioned 10
11 is that there was gasketing material that you 11 turbines of which you spoke of today.
12 used on motors that you believed were 12 A. Okay.
Q. Do you have a belief as to whetherQ. As such — withdrawn. Did you everQ. Okay. 6 see any drawings or specifications orA. My answer to that is no. 7 blueprints that required insulation use on theQ. Okay. Now, you had also talked 8 motor itself?A. No.Q. Now I want to talk to you about the
13
14 me where on the motor this gasket would go? 14 turbines, part of them would be very cold so
15
16 words, youve got a big round piece of iron, 16 A. Right.
17 and I am talking about huge, and then you have 17
18 a Iittie metal box on the side where you make 18 gloves?
19 the tie-in from the leads of the motor from the 19 A. No, I dont.
20 power source, and youd have a gasket there. 20
21
22 gasket was made of? 22 A. Possibly, I gave the name before in
23
24
25 this? 25 A. I cant think of it offhand.
manufactured by General Electric, can you teli 13 Q. You had mentioned that theA. Yes. The connection box, in other 15 you needed asbestos gioves to work with them.Q. Do you know who manufactured thoseQ. Do you know who supplied thoseQ. And do you know what material this 21 gloves?A. No. 23 my testimony.Q. Did you ever use rubber gaskets on 24 Q. Okay.
Page 119 Page 121
.1
2
3
4
5
6
7 of seeing Mr. Grau put a gasket on this motor? 7
8
9
10 A. No. 10 of seeing Mr. Grau ever working with turbines?
11
12 of Mr. Grau working with any G.E. motors? 12
13 A. No. 13 were covered in asbestos, was that to protect
14
15 large electric motors there was insuiation, 15 the temperature inside the turbines?
16 which you might also have to move to your work, 16 A. Both.
17 where was the insulation with regard to the 17
18 motor itself? Let me re-ask the question. Was 18 encased in asbestos, was there something over
19 there insulation on the motors or on something 19 the asbestos, over the turbine?
20 leading up to the motor? 20 A. They had wrappings around it with
21
22 the pump housing. 22
23
24 motor itself? 24 itself?
25 A. No. 25 A. Turbine itseif would be wrapped.
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
31 (Pages 118 to 121)
732-283-5737
Woodbridge, NJ 07095
A. No, not at the time. 1 Q. Thats fine. If you think of itQ. Did you ever use cork gaskets? 2 later on, you can just iet us know the name.A. No. 3 A. Okay.Q. Did you ever use paper gaskets? 4 Q. Was that a specific part of theA. No. 5 turbine that wouid be this cold that youQ. Do you have a specific recollection 6 couldnt work with?A. Some of your, I shouid say all ofA. No. 8 your huge piping coming off of it.Q. Or on any motors? 9 Q. Do you have a specific recollectionQ. Do you have any specific reference 11 A. No.Q. You had mentioned that the turbinesQ. You had also mentioned that on the 14 the workers from the cold or was that to keepQ. You mentioned that the turbine wasA. Leading up to the pump, right up to 21 strapping.Q. Are you talking about the pipesQ. SO was there any insulation on the 23 leading up to the turbine or the turbine
Page 122 Page 124
1
2 can you describe for me what the exterior 2 Chesterton?
3 looked like? 3 MR. KUZMIN: Object to form. You
4 A. Its a large horizontal vessel 4 can answer it.
5 longer than this table, and I would say the 5 THE WITNESS: Pardon?
6 diameter would be something like 6, 7 foot. 6 MR. KUZMIN: You can answer it.
7
8 metal? 8
9 A. Its physical vessel was metal — 9 to associate your alleged asbestos exposure to
10
Q. When youre looking at the turbine, 1 associate a service or product with A.W.Q. Was the turbine itself covered in 7 THE WITNESS: No.Q. Okay. And do you have any reasonQ. Uh-hum. 10 a service or product of A.W. Chesterton?
11
12
13 turbine, you can see the insulation on the
14 turbine? 14 associate Mr. Graus alleged asbestos exposure
15 A. Yeah. 15 to a product or service of A.W. Chesterton?
16
17 installed in your presence? 17
18 A. No. 18 A. Youre welcome.
19
20 were installed in Mr. Graus presence? 20 CROSS-EXAMINATION BY MS. MURRAY:
21 A. No. 21
22
23 for insulating these turbines? 23 Defendants in this lawsuit. Earlier this
24 A. Management of Bayway Refinery. 24 morning you testified that you possibly worked
25
A. — and then they wrapped it. 11 A. No.Q. Okay. So as youre looking at the 12 Q. And lastly, do you have any reason13 to believe or do you have any basis toQ. Were any of these turbines 16 A. No.Q. Thank you very much.Q. Do you know if any of the turbines 19 MR. KUZMIN: Anyone else?Q. Good afternoon. My name is AnitaQ. Do you know who had responsibility 22 Murray, and I represent a couple of theQ. Do you know who specified the 25 with a Westinghouse motor or motors at Exxon
Page 123 Page 125
1 material to be used on the turbines? 1 Bayway site. Do you have any specific
2 A. No. 2 recollection of working on a Westinghouse motor
3
4 that Mr. Grau was in the Vicinity when 4 A. No.
5 insulation was used on any turbine? 5
6 A. No. 6 A. Youre welcome.
7
8 believe those are all my questions. Im going 8
9 to have to look over my notes. 9 have a few, a couple questions, not very long.
10 A. Okay. 10 A. Okay.
Q. Do you have any reason to believe 3 at the site?Q. Thank you. No further questions.Q. All right, Mr. Billinghurst, I 7 CROSS-EXAMINATION BY MS. MEGERIAN:Q. Sorry, Mr. Billinghurst, I just
11
12 A. Youre welcome. 12 gaskets. Can you describe for me what that
13 CROSS-EXAMINATION BY MR. EVANS:
14
15 A. Good afternoon, sir. 15 but. ..
16
17 Eric Evans. Im with the firm Wilson, Elser, 17 how you took it out, but if you can just tell
18 and I represent one of the Defendants in this 18 me, specifically, when you removed it, how did
19 action. And I just have a couple of questions 19 you go about opening the flange?
Q. Thank you very much for your time. 11 Q. When you were removing the old13 procedure was?Q. Good morning. 14 A. Well, you did ask me that questionQ. Oh, its afternoon now. My name is 16 Q. I asked you what tools you used and:
20 for you. 20 ATTORNEYS: Objection by all.
21 A. Okay. 21 A. Okay. The ways these motors
22
23 Chesterton? 23 procedure was to clean it, the outside if it
24 A. No. 24 was small enough to be bring it into the shop
25
Q. Are you familiar with the name A.W. 22 basically and pumps are made, first of all ourQ. SO is it fair to say you cant 25 all right?
……
32 (Pages 122 to 125)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
Page 126 Page 128
1
The second thing would be If you 1 MS. DIVITA: Object to form.
2
would loosen up some of the bolts, okay. And 2 A. Okay. That outer shell, number
3
then on the bell housings, youd call the end 3 one, that in many cases is covered with
4
of the top of the bell housing, thats the 4 asbestos. It had been previously covered.
5
expression theyd use for a motor. They will 5 Q. Okay.
6
have a, in the casting, a couple of high points 6 A. Now, we did say on the size it was
7
where a mechanic could get a brass pipe and 7 brought to the shop. Certain things were done
8
bang, bang, bang and would not completely 8 naturally before you can take that pump into
9
unbolt it. 9 the shop. It had to have the asbestos coating
10
In other words, clean it, loosen up 10 removed, the mounting bolts, disconnect them
11
the bolts, did the brass rod and hit it until 11 from the piping into the shop.
12
you brought it apart. And then you would get a 12 Because certain jobs were done in
13
metal scraper and attempt to remove the gasket, 13 the shop, they give a guy a break whether its
14
because the time when you went to work on the 14 hot or cold, things of that nature. And then
15
pump, as you know, you would damage the 15 if theres any question, now, well go back and
16
gasket. 16 its normally cleaned up In the shop or made
17
It might work if you didnt replace 17 cleaner than it was. They were smaller bolts.
18
it. It might not. So you made a new gasket. 18 And then they get these high points, knocked
19
And if you had to put a new impeller on the 19 the bell housing so they can get to the shaft
20
pump because they felt it was not getting 20 where the impeller is on the pump.
21
pumping capacity, thats what had to be done 21 Q. Just so Im clear, youre saying
22
and back together it would go. 22 they, youre describing what you did?
23
MS. DIVITA: Move to strike the 23 A. Right, or me.
24
portions that are nonresponsive. 24 Q. Right, okay. Thats it. Thank
25
Q. Was any portion of the area that 25 you.
Page 127 Page 129
1
you had to work with to remove the gasket, any 1 CROSS-EXAMINATION BY MS. DIVITA: ,
2
portion of the pump that you were working with 2 Q. Sir, the work you just described,
3
to remove the gasket insulated? 3 do you have direct knowledge as to whether or
4
MS. DIVITA: Objection to form. 4 not Mr. Grau ever did that work?
5
A. Oh, yes. 5 A. No.
6
MS. DIVITA: What area are you 6 Q. And you certainly wouldnt have –
7
talking about? Are you talking about a 7 withdrawn. You dont, correct?
8
pipe flange, a connection? Im confused. 8 A. Excuse me?
9
10 it.
I dont know how he is able to understand 9 Q. You dont know if he ever did that,10 correct?
11
MR. KUZMIN: He worked there. 11 A. That is correct.
12
MS. DIVITA: Okay. Objection to 12 Q. Thats it. Thats all I have.
13
form. Sir, if you understand the 13 A. Off the record.
14
question, you can certainly answer it. 14 MR. KUZMIN: No, you cant do that.
15
THE WITNESS: You were talking to 15 THE WITNESS: Ill tell it later
16
be about a gasket being removed from a 16 after we adjourn.
17
pump. 17 MR. KUZMIN: Anyone else?
18
BY MS. MEGERIAN: 18 ObViously, Ive got a few follow ups.
19
Q. Yes. 19 REDIRECT EXAMINATION BY MR. KUZMIN:
20
A. Okay. 20 Q. Mr. Billinghurst, with regards to
21
Q. And the procedure that you 21 the questions you were just asked in terms of
22
described in removing the old gasket, Im 22 work being performed in relation to gaskets on
23
asking you in the area of the pump that you 23 the pumps, and you were asked, specifically,
24
worked With, to remove that gasket that youve 24 with regards to Mr. Grau; was that type of
25
Brody Deposition Services, Inc.
just described to me. 25 work, would that generally be one done by an
90
33
732-283-5737
Woodbridge Center Drive, Suite 220(Pages 126 to 129)
Woodbridge, NJ
07095
Page 130
1 electrician?
2 MS. DIVITA: Objection to form.
3 A. Yes.
4
5 work schedule at all?
6 A. The answer would be yes.
7
8 nature of Mr. Graus work schedule?
9 A. Okay. Routinely the mechanics work
10 from quarter of eight to 4:15, Monday to Friday
11 with Saturday and Sunday off. That was my
12 schedule. That was Mr. Graus schedule.
13 Through this program that I spoke
14 about, the training program, part of it was
15 that you had to go on mechanical shift. And
16 that mechanical shift would be a five day
17 broken up week. It didnt have any Monday to
18 Friday. You just had five days in succession.
19
20 you worked for five days and you rotated. When
21 you rotated on that particular shift, and lets
22 take the twelve to eight that you would better
23 understand it, nobody is basically working
24 other than the operators on the units and three
2S people, one electrician, one an instrument man,
Q. Were you familiar with Mr. GrausQ. Okay. Can you describe for us theIf they started you on a Tuesday,
Page 131
1 and one a machinist. And for those eight
2 hours, you were it.
3 You attacked the first electrical
4 problem that there was whether it be out in the
5 tank field or whether an operator called you to
6 the five pipe still. Ive got a bank of lights
7 that I want on or I dont. You would only hope
8 that it would be that.
9 And then you would size up the
10
11 getting it resolved or you would call your
12 night super, and he would converse with you.
13 And I think it was a judgment on his to get
14 some more help and you might say I think. And
15 he wasnt satisfied with I think so he said
16 lets call a couple of the boys in.
17 And we worked that for six months
18 and then they got another group. So you had
19 from the clerical end of it to the tank field
20 end of it to the dock when you were waiting for
21 a tanker to come in hoping that all your pumps
22 were working because the tanker was loaded and
23 the tied was going out. And you didnt want to
24 have a tanker on the bottom of the Kill Van
25 Kull and that was it.
34 (Pages 130 to 133)
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
situation as to whether you were capable of
Page 132
1
2 period, how many times would that twelve to
3 eight shift happen? Was that continuous,
4 continuous six months?
5 A. Youd change every week. You
6 worked three to eleven, eleven to seven, eleven
7 to eight. And during the day on shift you sort
8 of got a break because you had all your
9 coworkers there and they felt when you were
10 doing that three to eleven and twelve to
11 eight. ..
12
13 when there would be that time period when there
14 would be that one electrician, one machinist,
15 that group, that would require them to perform
16 work all over the plant; is that correct?
17 A. All over the plant.
18
19 definitively say that there were periods when
20 Mr. Grau performed work on that shift where he
21 was the only electrician in the plant?
22
23
24 the training program. Was that on-the-job
25 training for the electrician or was that a
Q. Okay. And during that six-monthQ. And so during that six-month periodQ. And as you sit here today, can youA. Absolutely.Q. I just want to briefly talk about
Page 133
1 class or was that a combination of both?
2 A. Class and a combination of both.
3
4 were with the training program, were you part
5 of the training program with Mr. Grau?
6 A. Yes, I was.
7
8 that training program when you worked on jobs
9 directly with him?
10 A. No.
11
12 regards to boilers and its something that we
13 didnt talk about when I asked my initial set
14 of questions, were there boilers at Exxon?
15 A. There was boilers at one time.
16
17 required to perform work on those boilers?
18
19
20 have to perform on those boilers?
21
22 be attached to its function.
23
24 work as an electrician performing work on these
25 boilers, do you believe that you were
732-283-5737
Woodbridge, NJ 07095
Q. Okay. During the time that youQ. Were there ever any times duringQ. You were also asked questions withQ. And as an electrician, were youA. Yes.Q. And,what kind of work would youA. Any electrical apparatus that mightQ. Okay. And in the course of your
Page 134 Page 136
1 associated to asbestos — 1 manufacturer?
2 . A. Yes. 2 MS. DIVITA: Objection to form.
3
4 A. Definitely in the boiler room. 4 temperature to insulate and also to protect the
5
6
7 temperatures and the needing of steam. Steam 7
8 is a very important item around a refinery. 8 processing hot material, it would be Insulated
9 These things were being powered up as high as 9 regardiess of the manufacturer?
Q. — exposed to asbestos at all? 3 A. It was a dual purpose. It was theQ. Okay. And how so? 5 workers working near or by these units thatA. Well, as you know, high 6 expel a lot of heat.Q. SO if there was a pump that was
10
they could. And they did get some steam off 10 MS. DIVITA: Objection to form.
11
12 operational so I think about 1956 when they 12
13 decided to purchase their power from PSE&G. 13 questions I have. I dont know if there will
14 And they dismantled the boilers and then they 14 be any other follow ups as a result. Sir,
15 replaced It with air compressors. 15 thank you very much for your time. I
16
17 operational you and Mr. Grau still would have 17 A. Thank you.
18 been in the training programi Is that right, in 18 (Deposition adjourned at 2:57 p.m.)
19 1956? 19
20 A. Yes. 20
21
22 the boilers at Exxon? 22
23 A. No, I dont. 23
24
25 the asbestos, can you describe for us the types 25
the units as a by-product. And it was 11 A. Correct.Q. All right, sir. Thats all theQ. SO while the boilers were 16 appreciate It.Q. Do you recall the manufacturers of 21Q. And, specifically, with regards to 24
Page 13S Page 137
1 or shapes of the asbestos associated with the 1 CERTIFICATION OF VERBATIM TRANSCRIPT
2 boilers? 2
3 A. I do know that it was covered and 3 I, Rachel Santiago, hereby certify that
4 the boiler itself was very ancient, and I am 4 the transcript I have herein produced is within
5 sure all the covering at that time was put on a 5 the gUidelines adopted by the State of New
6 very, very old fashion way. 6 Jersey Administrative Code and I certify to the
7
8 in the training program, at least up until 1956 8 I am not related to any party involved in
9 while these boilers were still active, you had 9 this action and I have no financial interest in
10 an opportunity to perform work on these 10 the outcome of this action.
Q. And during the course of your time 7 following:
11
12
13
14 the boilers, do you believe that thats 14 testified to under oath within a judicial body
15 something that would be part of the regular 15 created by statute of the State of New Jersey.
16 training program, a regular part of the 16 Also, I am a duly authorized Notary Public
17 training program? 17 of the State of New Jersey or an otherwise
18 A. Yes. 18 acceptable Foreign Commissioner of Deeds, duly
19
20 up questions with regards to pumps, you were 20 of this record.
21 asked about insulation on the pumps and whether 21 My commission expires August 2012. Notary
22 or not all the pumps were insulated or not. 22 Public NO. 2204535.
23 Was the reason for the insulation on the pumps 23
24 because of the temperature of the liquid 24
25 flowing through them or because of the 25 Signature
Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
35 (Pages 134 to 137)
732-283-5737
Woodbridge, NJ 07095
boilers? 11 I am a court reporter, an unbiased agentA. Occasionally. 12 of the courts and the transcript producedQ. And the work that you performed on 13 herein is a verbatim record of the testimony asQ. Okay. And, finally, in the follow- 19 authorized to administer oaths for the purpose
P
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Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge,
NJ 07095
Page 2
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Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
, 89:9 color36:1254:4
Page 3
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Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
, 76:4,1879:12 13:7,7,8,8,9 6:8,157:15,22
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Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
Page 5
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Brody Deposition Services, Inc.
90 Woodbridge Center Drive, Suite 220
732-283-5737
Woodbridge, NJ 07095
Page 6
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127:22 result 136:14 rnbber 56:13,14 110:15,18 regarding 63 :23 repacking 72:17 review 98:24 118:24 116:10,13120:6 66:2067:12 repeat 33 :21 reviewed 34:23 rnles 1:13 14:18 122:13 72:281 :3 42:1958:1 re-askI19:18 rustl04:1l seeing 26:3 51 :12 107:22108:20 repeated 55:15 re-represent 66:1 RYAN 5:7 55:8,17,20,23 regardless 136:9 rephrase 16:10 rhyme 44: 18 56:157:3,7 regards 14:21 21:15 RICO 5:10 S 100:25119:7 30:1739:16 replace 32:8 Ridge 11 :15 S 2:13:14:15:1 121:10 48:2251:11 35:10,20126:17 Ridgedale 1:16 6:17:1 8:19:1 seen 44:7 , 72:15129:20,24 replaced 20:21 rightl5:2,216:15 10:1 11:1 12:1 SegaI7:310:18 133:12134:24 33:6,754:13 17:1121:15 14:1 88:5 135:20 134:15 27:2530:22 sad 82:12 selective 55:3,4 regular 34:3 replacement 31:21,2437:23 safe 35:9 54:14 Selikoffl06:10 46:11 55:1 89:24 46:2354:2 safety 21 :23,24 Selikoffs 106: 90 Woodbridge Center Drive, Suite 220 Woodbridge, New Jersey 07095 (732) 283-5737 Brody Deposition Services, Inc. 90 Woodbridge Center Drive, Suite 220 732-283-5737 Woodbridge, NJ 07095 SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. L-7959-07 (AS) GEORGETTE GRAU, Individually and as Executrix to the Estate of William Grau Plaintiffs, vs. ALFA LAVAL, INC., et al. Defendants, DEPOSITION UNDER ORAL EXAMINATION OF WILFRED BILLINGHURST TRANSCRIPT of the deposition of the witness, called for Oral Examination in the above-captioned matter, said deposition being taken pursuant to Superior Court Rules of Practice and Procedure by and before RACHEL SANTIAGO, a Notary Public and Shorthand Reporter of the State of New Jersey, taken at the offices of HYATT SUMMERFIELD SUITES, One Ridgedale Avenue North, Whippany, New Jersey, on Thursday, July 24, 2008, commencing at approximately 9:30 in the forenoon. BRODY DEPOSITION SERVICES Certified Shorthand Reporters Page 2 Page 4 1 A PPEA RAN CES: 1 A PPEA RAN CES (Contd): 2 2 3 COHEN, PLACITELLA & ROTH, P.c. 3 LANDMAN, CORSI, BALLAINE & FORD, P.c. 4 127 Maple Avenue 4 One Gateway Center 5 Red Bank, New Jersey 07701 5 Newark, New Jersey 07102 6 (732) 747-9003 6 (973) 623-2700 7 BY: WILLIAM L. KUZMIN, ESQ. 7 BY: JONATHAN MEER, ESQ. 8 Attorneys for Plaintiff 8 Attorneys for Defendant, Sequoia Ventures, Inc. 9 9 10 HACK, PIRO, ODAY, MERKLINGER, 10 MARIN GOODMAN, LLP 11 WALLACE & MCKENNA 11 40 Wall Street, 57th Floor 12 30 Columbia Turnpike 12 New York, New York 10005
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