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.
CHARLES H. WECKER and
ANN WECKER,
Husband and Wife,
Plaintiffs,
vs.
3M COMPANY, INC., et ale
Defendants.
(Caption continued on page 2.)
VIDEOTAPE
DEPOSITION UNDER
ORAL EXAMINATION
OF
ROBERT TRACEY
DOCKET NO. L-9455-06
BRODY DEPOSITION SERVICES
Certified Shorthand Reporters and Videographers
7 Elm Street
Westfield, New Jersey 07090
(908) 789-2000
Brody Deposition Services, Inc.
7 Elm Street
908-789-2000
Westfield, New Jersey 07090
Page 2 Page 41
1 (caption continued.) 1 A P PEA RAN C ES (Contd):
2 WALTER J. BARILE and 2 ~
MARY O. BARILE, 3 HOAGLAND, LONGO, MORAN, ~ (
3 4 DUNST &DOUKAS ~
Husband and Wife,
5 40 Paterson Street ~
4 DOCKET NO. L-7862-07(AS) Plaintiffs, 6 New Brunswick, New Jersey 08903 i
5 vs. 7 (732) 545-4717 t
6 3M COMPANY, INC., et al. 8 BY: APRIL GLOGOWER, ESQ.
7 Defendants. 9 Attorneys for Defendants, Collins
8 ——————————– 10 Packing Co., EMCO Fittings, Goulds Pumps,
9 11 Hudson Iron &Metal, Industrial Welding ~
10 12 Supply, Moser Bros., Inc., Perimeter
11 13 Insulation, W. W. Grainger
12
13 TRANSCRIPT of the deposition of the 14
14 witness, called for Oral Examination in the 15 GREENBERG TRAURIG, LLP 15 above-captioned matter, said deposition being 16 200 Park Avenue ~
16 taken pursuant to Superior Court Rules of 17 New York, New York 10166 i 17 Practice and Procedure by and before RACHEL 18 (212) 802-9100 18 SANTIAGO, a Notary Public and Shorthand 19 BY: MARISSA BANEZ, ESQ. i
19 Reporter of the State of New Jersey, taken at 20 Attorneys for Defendant, Robert A. Keasbey I 20 the offices of SEDGWICK, DETERT, MORAN & 21 21 ARNOLD, LLP, 3 Gateway Center
22 Newark, New Jersey, on Wednesday, April 15, 22
23 2009, commencing at approximately 10:00 in the 23
24 forenoon. 24 ~
25 25 ~
Page 3 Page 51 (
1 A P PEA RAN C E S: 1 A P PEA RAN C ES (Contd):
2 2 i 3 COHEN, PLACITELLA & ROTH, P.c. 3 DRINKER, BIDDLE & REATH, LLP
4 127 Maple Avenue 4 500 campus Drive
5 Red Bank, New Jersey 07701 5 Florham Park, New Jersey 07932
6 (732) 747-9003 6 (973) 360-1100
7 BY: WILLIAM L. KUZMIN, ESQ. 7 BY: LAUREN GODFREY, ESQ. I 8 Attorneys for Plaintiffs, Barile, Grau 8 Attorneys for Defendant, Neles-Jamesbury, Inc.
9 & Wecker 9 .
10 10 ECKERT, SEAMANS, CHERIN & MELLOlT, LLC 11 SEDGWICK, DETERT, MORAN & ARNOLD, LLP 11 50 South 16th Street ~12 3 Gateway Center 12 Philadelphia, Pennsylvania 19102 ~
13 Newark, New Jersey 07102 13 (215) 851-8400 If
14 (973) 820-1133 14 BY: CAROLYN CAMPANELLA, ESQ. ~
~
15 BY: JOHN C. MCGUIRE, ESQ. 15 Attorneys for Defendant, CBS Corporation ~
~
16 Attorneys for Defendant, Foster Wheeler 16 17 17 SEGAL, McCAMBRIDGE, SINGER & I. .j
18 CONNELL FOLEY, LLP 18 MAHONEY, LTD. Ii;
19 85 Livingston Avenue 19 103 carnegie Center, Suite 103
g
Hi
20 Roseland, New Jersey 07068 20 Princeton, New Jersey 08540 !(
21 (973) 535-0500 21 (609) 452-1558 ~
22 BY: MEGAN ROBERTS, ESQ. 22 BY: DAVID KOSTUS, ESQ. ~.
23 Attorneys for Defendants, Frank A. 23 Attorneys for Defendant, Garlock
(
!
24 McBride Co., Superior Welding Supply 24 ~(
25 25
¥
:f\n.rrlltl,T,lr~I4IlLlIlJfllWUlfllIllUr…..IJ:C,lllIUlC.WI..tJ.llllll;j{\II>lI~III
Brody Deposition Services, Inc. 908-789-2000
7 Elm Street Westfield, New Jersey 07090
Page 6 P,g, BI 1 A PPEA RAN CE S (Contd): 1 A PPEA RAN C ES (Contd):
2 2
:3 McELROY, DEUTSCH, MULVANEY & 3 HACK, PIRO, ODAY, MERKLINGER, iI
4 CARPENTER, LLP 4 WALLACE & MCKENNA, P.A. I 5 1300 Mt. Kemble Avenue 5 30 Columbia Turnpike
6 Morristown, New Jersey 07962 6 Florham Park, New Jersey 07932
7 (973) 993-8100 7 (973) 301-6500 ,8 BY: CRISTINA SINCLAIR, ESQ. 8 BY: NICOLE MASELLA, ESQ. 9 Attorneys for Defendants, Exxon Mobil, 9 Attorneys for Defendant, Johansen Company I
10 Rockwell 10 11 11 GARRITY, GRAHAM, MURPHY, I
12 GOLDFEIN & JOSEPH, P.e. 12 GAROFALO & FLINN, P.e. .~
13 1600 Market Street, 33rd Floor 13 One Lackawanna Plaza ~
14 Philadelphia, PA 19103 14 Montclair, New Jersey 07042 I 15 (215) 979-8200 15 (973) 509-7500
16 BY: BROOKE A. BONITT, ESQ. 16 BY: IZABELL LEMKHEN, ESQ. 17 Attorneys for Defendant, Asbestos 17 Attorneys for Defendants, State Insulation, I
18 Corporation, Ltd. 18 and United Conveyor Corp.
19 19 ~
20 CLEMENTE MUELLER, P.A. 20 MAGEE & MAGEE, LLP ~ 21 218 Ridgedale Avenue 21 1937 Route 35 at Allaire Road 1
22 Morristown, New Jersey 07962 22 Wall Township, New Jersey 07719
23 (973) 292-7500 23 (732) 449-2500
24 BY: NAVEEN M. NADIPURAM, ESQ. 24 By: GRANVILLE M. MAGEE, ESQ.
25 Attorneys for Defendant, Durabla Mfg. Co. 25 Attorneys for Defendant, Alltite Gasket ~
II
~,I
L Page 7 Page 9 ~
1 A P PEA RAN CE S (Contd): 1 A PPEA RAN CES (Contd): ~
2 2 1
3 McCARTER & ENGLISH, LLP 3 WILSON, ELSER, MOSKOWm, EDELMAN & r:
4 Gateway Four 4 DICKER, LLP
~,
5 100 Mulberry Street 5 33 Washington Street ~
6 Newark, New Jersey 07101 6 Newark, New Jersey 07102 .1
7 (973) 622-4444 7 (973) 624-0800 ~
8 BY: ANDREW HEYMAN, ESQ. 8 BY: SUSAN KARLOVICH, ESQ. 11
ij
9 Attorneys for Defendant, Allied Rubber 9 Attorneys for Defendant, A.W. Chesterton ~
10 & Gasket 10 ~
11 11 KENT & McBRIDE, P.e. ]
12 POTTERS & DELLA PIETRA, P.A. 12 555 Route 1 South, M
ji
Woodbridge Towers, 4th Floor I 13 100 Passaic Avenue 13 I 11 14 Fairfield, New Jersey 07004 14 Iselin, New Jersey 08830 ~>
15 (973) 575-5240 15 (732) 326-1711 Ii
16 BY: ROBERT FLORSHEIM, ESQ. 16 BY: LISA PEREZ, ESQ. ~
~
17 Attorneys for Defendant, Ford Bacon 17 Attorneys for Defendants, Koenig, i~
,}
18 & Davis 18 Marsam Valves & Fittings ~
~.
19 19 Pulmosan Supply Equipment, Alfa Laval ~
~
20 HOFHEIMER, GARTLIR & GROSS, LLP 20 ~!
~
21 530 Fifth Avenue 21 II
22 New York, New York 10036 22 \i
23 (212) 897-7916 23 ji
l
,:24 BY: GARY N. SMITH, ESQ. 24 ~
1)1
125 Attorneys for Defendant, Rapid-American Corp. 25 1! ~,
UlI\l:.lltltUi;llllhl.lr.ll.lll(ha:I!lltllll1:111IIlllll1n:\l;UllLl~Il!!!tltlll;\ll:lUlfn1tiW.lhI,IUlln;h~ntHiilIalnl~IllIO ..,unlU1lllturciliJ;\tl!U:lt6.r:l\Il.t\IbU11111~1\1n;;llllallll:ll&lll:..cillllt<,!,l,~liI~Jj; i~I~Iirll~tnllUll~L>Jt(llllta.-;:;ir,l1tJ;lill:·I~I::tIJI;~l~Il~\~{>!II[,t,II;U~\fI;
7 Elm Street
3 (Pages 6 to 9)
908-789-2000
Westfield, New Jersey 07090
(
Page 12
BUDD LARNER, P.e.
150 John F. Kennedy Parkway
CN 1000
Short Hills, New Jersey 07078
(973) 379-4800
BY: MICHAEL MILEY, ESQ.
Attorneys for Defendant, Viking Plumbing &
Heating Supply Co.
MARSHALL, DENNEHEY, WARNER, COLEMAN
& GOGGIN
Woodland Falls Corporate Park
200 Lake Drive East, Suite 300
Cherry Hill, New Jersey 08002
(856) 414-6000
BY: JOANN DIAl, ESQ.
Attorneys for Defendant, Riley Stoker
Page 10
1 A P PEA RAN C ES (Contd): 1 A P PEA RAN C E S (Contd):
2 2
3 REIllY, JANICZEK &McDEVm, P.C. 3
4 2500 McClellan Blvd. 4
5 Suite 240, Kevan Office Center 5
6 Merchantville, New Jersey 08109 6
7 (856) 317-7180 7
8 BY: KAREN J. STANZIONE, ESQ. 8
9 Attorneys for Defendant, Cleaver Brooks 9
10 10
11 HARDIN, KUNDLA, McKEON & POlETTO, P.A. 11
12 673 Morris Avenue 12
13 Springfield, New Jersey 07081 13
14 (973) 912-5222 14
15 BY: ANN C. MADER MCKEON, ESQ. 15
16 Attorneys for Defendants, John Zink 16
17 Zinklahoma, Strahman Valves, LaBour Pump Co. 17
18 18
19 WILSON, ELSER, MOSKOWm, EDELMAN & DICKER, LLP 19
20 33 Washington Street 20
21 Newark, New Jersey 07102 21
22 (973) 624-0800 22
2
2
4
3 BY: JOSEPH A. GAllO, ESQ. 22
4
3 W
Attorneys for Defendant, Ductmate Industries ~
1-
2
_5 +-2_5 --11
Page 11 ~ Page 13 iJl~l· C 1 A P PEA RAN C E S (Contd): A P PEA RAN C E S (Contd):
2
3 GIBBONS, P.C. 3
4
McGIVNEY & KLUGER, P.e. i
4 One Gateway Center 23 Vreeland Road, Suite 220 ~
56 Newark, New Jersey 07102 56 Florham Park, New Jersey 07932 ~
(973) 596-4500 (973) 822-1110 ~
7
8
BY: TODD ROTH, ESQ. 7
8
BY: THOMAS MCNULTY, ESQ. I
Attorneys for Defendant, Yuba Attorneys for Defendants, Joule, Madsen
9 9 & Howell, Bergen Industrial, Raritan, !
1
1
0
1
PICILLO, CARUSO, POPE, EDELL, 11
0
1
Kraemer Gunite, Lawrence, Flowserve ~
PICINI, P.e. Corporation, NY Rico, Duro-Dyne,
12 60 Route 46 East 12 Central Boiler, Sid Harvey, J. Heller, ~
13 Fairfield, New Jersey 07004 13 Sloan Valve, Durametallic, Leslie Controls, ~
14 (973) 667-6000 14 Peerless
15 BY: NICHOLAS ALBANO, III, ESQ. 15 i
1
17
6 Attorneys for Defendants, AmChem Products, 1167 A LSOP RES E N T: ~
CertainTeed Corp., Union Carbide Corp. Mike Kutys, Videographer ~
1189 1189 Gerard Genna ~
OTOOLE, FERNANDEZ, WEINER, ~
20 VAN UEU, LLC 20 ~
21 60 Pompton Avenue 21 ~
22 Verona, New Jersey 07044 22 ~
23 (973) 239-5700 23 ~
24 BY: ARTHUR LASH, ESQ. 24 ~ (
25 Attorneys for Defendant, Clark Reliance 25 ~
~~.. .......lltIttIl\~~~ot:r.;lla.taN)llJ ... ..:r.;I>K~IIl;.(;I..,~ll,~i:I!A!.Q~l;.)1;;;; ........,.t.,.,·III1:ii.!:l:la~~tJ;:.lWIWII ...~m~~·f~lI_\~\I...;:;:;.:r~·.tJ;.:,~M..ilJp{.~.II~~:,Tl:J.<;O~.,,,.,.•.•
Brody Deposition Services, Inc.
7 Elm Street
4 (Pages 10 to 13)
908-789-2000
Westfield, New Jersey 07090
1 DIRECT EXAMINATION BY MR. KUZMIN:
2 Q. Good morning, Mr. Tracey.
3 A. Good morning.
4 Q. My name is Bill Kuzmin. Im an
5 attorney who represents the plaintiffs in three
6 separate actions for which you are depositioned
7 here today. Itsmy understanding that youve
8 had your deposition taken on quite a number of
9 occasions. Would that be accurate?
10 A. Previously, yes.
11 Q. Okay. So, therefore, youre
12 familiar with the rules and how a deposition is
13 conducted?
14 A. Right, I believe so.
15 Q. Okay. This is bit of a refresher
16 so that were all on the same page. If you
17 dont understand a question or need me to
18 rephrase a question, let me know, Ill be more
19 than happy to do that, okay? Ifyou can answer
20 a question in a number of different ways and
21 need clarification, let me know, Ill be more
22 than happy to clarify it for you. I dont want
23 you to guess at anything. My understanding,
24 and were going to go over the deposition
25 notice in a minute, is that youre being
Page 14
PAGE
15,243
224
233
237
239
PAGE
IN D EX
DISCOVERY PRODUCTION REQUESTS
PAGE/LINE DESCRIPTION
56/4 Disks
I ~~
1 ROBERT ~ TRACE~
2 Foster Wheeler, Inc., Perryville
3 Corporate Park, Clinton, New Jersey,
4 called as a witness, having been first
5 duly sworn according to law by a Notary
6 Public of the State of New Jersey,
7 testifies under oath as follows:
8 VIDEOGRAPHER: We are now on the
9 record. My name is Mike Kutys. I am a
10 videographer retained by Magna Legal
11 Services. This is a videotape deposition
12 for the Superior Court of New Jersey, Law
13 Division, Middlesex County Docket Number
14 L-795907 in the matter of Grau versus Alfa
15 Laval, Incorporated, et aI., Docket Number
16 L-945506 in the Matter of Wecker versus 3M
17 Company Incorporated, et ai, and Docket
18 Number L-786207AS in the Matter of Barile
19 versus 3M Company Incorporated, et al.
20 Todays deposition is being held at
21 3 Gateway Center, Newark, New Jersey. The
22 deponent is Robert Tracey. All counsel
23 will be noted on the stenographic record.
24 The court reporter is Rachel Santiago and
125 she will now swear in the witness.
EXHIBITS
EXHIBIT DESCRIPTION
RT-1 Notice 44
RT-2 Settings and insulation 83
13 RT-3 Letter dated 1/23/74 90
RT-4 Diagrams 93
14 RT-5 Sheet 107
RT-6 Instructions 107
15 RT-7 Spec sheets 128
RT-8 Multiple memos 142
16 RT-9 Notes of meeting 146
RT-10 Multiple memos/correspondence 202
17 RT-11 Sheet/setting and insulation 209
RT-12 Advertisement 224
18 RT-13 Material status report 244
19 (Exhibits annexed to transcript.)
20
21
22
23
24
25
1
2
3 WITNESS
4 ROBERTF.TRACEY
~ Direct by Mr. Kuzmin
Cross by Ms. Banez
6 Cross by Mr. Lash
Cross by Ms. Sinclair
7 Cross by Mr. Smith
8
9
10
11
12
Page 161
I~
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II~~q~
~
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IJ
~~I~
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~
I------------------t-------------------I~
Page 17 ~
1 produced here for certain areas and not being ~
2 produced in other areas, okay? e
3 If you have relevant knowledge ~
4 about an area andean provide me with an i
5 answer, Id like you to do that. But if you ~
6 dont have any knowledge, its perfectly fine I
7 for you to tell me you dont know, cant ~
8 remember, things like that, okay? a
9 A. Yes. ~
10 Q. Ive got quite a number of things ~
11 to go over here today. Im not going to lie to ~
12 you, were going to be here for a little bit. ~
13 If you need to take a break for any reason, ~
14 well, I regularly schedule breaks, but if you ~
15 need to take a break for any reason, let me ~
16 know, let your attorney know and well be more ~
17 than happy to take a break and then resume when ~
18 you feel comfortable. ~
19 A. Thats fine. ~
20 Q. All right. Now, its my ~
21 understanding that youve been employed by r
22 Foster Wheeler since 1972 for a two-year R
23 period? ~
24 A. 1974. I was originally with Foster ~
3 W~~ I
Brody Deposition Services, Inc.
7 Elm Street
5 (Pages 14 to 17)
908-789-2000
Westfield, New Jersey 07090
Page 18
1 Q. Okay. And then you had a break
2 between 1986 and 1988, is that right?
3 A. Thats correct.
4 Q. Okay.
5 A. I do have a resume if that helps.
6 Q. Well, we can get to that in a
7 second. All right. Now, you started at Foster
8 Wheeler in the engineering department; is that
9 right?
10 A. Really I started as a project
11 manager in the nuclear department.
12 Q. Okay. Im sorry. Im working
13 backwards. Project manager with nuclear
14 department and then you became a project
15 manager with the fluidized combustion division;
16 is that correct?
17 A. It was a partnership, fluidized
18 combustion, right. It was a partnership with
19 Pope, Evans and Robbins and Foster Wheeler.
20 Q. Okay. And then you were a contract
21 administrator within the process plant
22 division?
23 A. Yes.
24 Q. And then that was followed as
25 director of commercial operations for Foster
1 Wheeler special projects engineering and
2 construction shorten to SPEC?
3 A. Correct.
4 Q. And then you went onto Foster
5 Wheeler resources as the director of commercial
6 operations, right?
7 A. Thats right.
8 Q. Okay. And then you went onto a
9 nonFoster Wheeler entity by the name of Ogden
10 Projects, Incorporated; is that right?
11 A. Thats right.
12 Q. And then you went back to Foster
13 Wheeler as the project director of power
14 systems?
15 A. Thats right.
16 Q. Okay. And then you became a
17 mechanical engineer or worked as a mechanical
18 engineer; is that right?
19 A. Well, after project director in
20 project systems, I was still a project director
21 but starting in 2001 I worked for a brief
22 period of time for the risk management group
23 and then eventually the law department.
24 Q. Okay. And currently youre in the
25 law department working for the law department
Brody Deposition Services, Inc.
7 Elm Street
Page 20
1 now; is that correct?
2 A. Thats correct.
3 Q. And, basically, your job there is
4 to review documents and answer questions for
5 counsel relating to cases brought against
6 Foster Wheeler?
7 A. Thats right in depositions like
8 this.
9 Q. You attend depositions obviously?
10 A. I have in the past, yes.
11 Q. Okay.
12 caseA~..? I mean only in my own deposition. I
13 You testified at trial in any •
14
~~ AQA.·. ~~s~~~~stOS? ,II
17 In one case.
18 Q. And where was that located? ~
19 A In Los Angeles last summer. ,
20 Q. And they pretty much, Foster ~
21 Wheeler, when I say they, Foster Wheeler pretty f,
22 much has you going all over the country !
23 attending depositions; would that be accurate? I
24 A. For the most part the depositions .~
25 Ive been here in Newark and probebly Texas. I
(
6 (Pages 18 to 21)
908-789-2000
Westfield, New Jersey 07090
1 Q. And masters also from NJIT in
2 1970?
3 A. Thats correct.
4 Q. And what was your masters in?
5 A. Mechanical engineering.
6 Q. And you also have an MDA from
7 Fairleigh Dickinson; is that right?
8 A. M.B.A.
9 Q. M.B.A., Im sorry. And you got
10 that in 1974?
11 A. Correct.
12 Q. Now, based on your prior that
13 youve given, its my understanding Foster
14 Wheeler is basically broken into two main
15 divisions. Would that be accurate?
16 A. Basically, two, yes.
17 Q. And theres the equipment division
18 and the process plant division?
19 A. Correct.
20 Q. And the equipment division would
21 deal with boiler steam generators, large steam
22 generators, feed water heaters, things like
23 that?
24 A. Utility equipment, correct.
25 Q. Okay. So in terms of job sites
1 BY MR. KUZMIN:
2 Q. The last question was how much was
3 your bonus last year?
4 A. I think it was, approximately, 20
5 percent of my salary.
6 Q. And when you first started in 2001,
7 what was your salary?
8 A. I dont remember.
9 Q. Have you gotten consistent raises
10 since you started in 2001?
11 A. Fairly consistent, yes.
12 Q. And as a 20 percent bonus, has that
13 been something that has been standard since
14 2001 or has that fluctuated?
15 A. Its not standard. Its dependent
16 upon on the performance of the company.
17 Q. When you say performance of the
18 company, are you talking overall performance of
19 Foster Wheeler?
20 A. Yes.
21 Q. By way of your educational
22 background, you got your Bachelors of Science
23 in Chemical Engineering from NJIT; is that
24 right?
25 A. Correct.
Page 22
THE WITNESS: Im sorry, the last
question was?
Q. What was your salary last year?
A. Approximately 150,000.
Q. Did you get any kind of bonuses or
stock options or anything like that associated
in addition to your salary?
A. Typically bonuses, yes.
Q. And what was your bonus last year?
MR. MCGUIRE: Im going to object.
Im going to move to strike the testimony
about his salary. I think that thats
information thats not relevant to his
testimony as corporate witness. If you
feel comfortable in disclosing that, Mr.
Tracey, by all means, but if you dont, I
dont think you have to. .
MR. KUZMIN: Okay. To respond to
that, Judge McCormack has made it quite
clear in a person of Mr. Traceys
position, it is relevant. It is
allowable. Therefore, I believe I am
entitled to it. So I am going to ask the
witness to answer the question as I posed
it.
L
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
h5
1 Q. Testified in cases venued in Texas?
2 . A. Yes.
, 3 Q. Obviously youve testified in cases
4 venued in New Jersey?
5 A. Of course.
6 Q. And youve testified in cases
7 venued in Pennsylvania?
8 A. Yes.
9 Q. And cases venued in Maryland,
10 correct?
11 A. I believe so, yes.
12 Q. Would it be your understanding if
13 your job that your primary job within Foster
14 Wheeler is to assist within the litigation
15 process of cases brought against Foster
16 Wheeler?
17 MR. MCGUIRE: Objection to the form
18 of the question. Go ahead.
19 A. Yes. I mean Im really providing
20 information to both in-house as well as outside
21 counsel as far as what our responsibilities and
22 scope on various jobs.
23 Q. And that is your position since
24 2001, correct?
25 A. Yes.
Page 24 ~
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Page 23 Page 25 ~
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Brody Deposition Services, Inc.
7 Elm Street
7 (Pages 22 to 25)
908-789-2000
Westfield, New Jersey. 07090
Would you be the person with the
most knowledge concerning that subject matter?
A. No. I wouldnt be the corporate
rep for that.
Q. Okay. During the course of your
sure.
Q. Number Four is, The person with
the most knowledge of advertising documents and
other advertising materials used and/or
prepared by Foster Wheeler between 1946 and
1989.
Page 30
1 history was. I know that the deposition was
2 changed once or twice. I am not really certain
3 about the dates.
4 Q. On March 24 of this year, were you
5 prepared to testify on March 25?
6 A. Again, Im not sure of the dates
7 when it was originally scheduled. I believe I
8 was. Im not absolutely sure about that.
9 Q. Okay. All right. If you look at
10 the, I guess the second, well, the first page
11 of writing. It is on the caption on the
12 deposition notice. If you go down to Number
13 One, and these are the areas, the deposition
14 has been noticed for the person with the most
15 knowledge in Foster Wheeler Corporation.
16 And Im just going to go through
17 this with you, and I want you to tell me
18 whether or not its your understanding as to
19 whether or not youre being produced for these
20 certain reasons here today, okay?
21 A. Yes.
22 Q. Number One is, The person with
23 most knowledge concerning the use of asbestos24
containing products by this defendant — when
25 I say this defendant, I mean Foster Wheeler
L Page 31
1 — at Exxon Bayway in Bayway, New Jersey,
2 between 1946 and 1965; DuPont located in
3 Linden, New Jersey, during the years 1965 and
4 1986; the Jersey City Powerhouse also know as
5 Hudson Generating Station between 1950 through
6 1980s; and Mercer Powerhouse between 1950 and
7 1965.
8 Is it your understanding youre
9 being produced as the person, as the
10 representative of Foster Wheeler with the most
11 knowledge as to this subject?
12 A. Yes, I am, based on my review of
13 the documents that we produced on these four
14 different sites, and, you know, the information
15 thats in those documents. And as far as my
16 knowledge of asbestos-containing products, I
17 mean there may be products identified in those
18 documents, which I dont know definitely
19 whether theyre asbestos containing or not.
20 You would have to really check with the
21 manufacturer.
22 Q. Okay. But as far as your
23 understanding here today, Number One is
24 applicable to the testimony that you can give
)25 here today?
Brody Deposition Services, Inc.
7 Elm Street
Page 32 ~
1 A. Based on the document production,
; yesQ. Number Two is, The person with the ~
4 most knowledge concerning the use of asbestos i
5 by companies contracted to perform workfori~
6 Foster Wheeler at Exxon Bayway in Bayway, New
7 Jersey, between 1946 and 1965; DuPont located :
8 in Linden, New Jersey, during the years 1965 ~
,I
9 through 1986; the Jersey City Powerhouse, a/k/a ~
10 Hudson Generating Station from 1950 to the ~
11 1980s; and Mercer Powerhouse between 1950 and I
12 1965. :1
13 Is it your understanding that !II
14 youre being produced as the corporate I:,~
15 representative of Foster Wheeler with the most
16 knowledge concerning this subject?
17 A. Yes, I am. Again, as I indicated ~,~
18 before, based on the document production that I ~:,~,iI
19 reviewed, yes. ,~
20 Q. Number Three, The person with the I..,
21 most knowledge of the historical knowledge of
22 the dangers of asbestos by defendant Foster
23 Wheeler. ~
24 Do you know whether or not youre ~,.
25 being produced in that capacity here today? ~
Page 331
1 A. Its my understanding Im not. Im
2 not the corporate representative for that
3 area.
4 Q. Do you know who the corporate
5 representative for that subject matter is?
6 A. I dont know, specifically, dont
7 know.
8 Q. Okay. Do you know whether or not
9 Robert Johnson would be the person with the
10 most knowledge concerning this subject matter?
11 A. Robert Johnson or I dont know a
12 Robert Johnson.
13 Q. Richard Johnson, Im sorry.
14 A. Dick Johnson he may be, but Im not
15
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9 (Pages 30 to 33)
908-789-2000
Westfield, New Jersey 07090
Page 34 Page 361
1 documents review that youve done, have you 1 Foster Wheeler at other job sites, correct?
2 ever come across any advertising material 2 A. At others as, you know, identified ~
3 published by Foster Wheeler? 3 specific sites, yes.
4 MR. MCGUIRE: Youre talking about 4 Q. And one of those other sites was,
5 any background reviews done for any case 5 in fact, a DuPont facility out in Kingston,
6 or this case? 6 Illinois, correct?
7 Q. Any case that youve done. Have 7 A. Dont remember specifically but ,
8 you seen advertisements, materials? 8 its possible, yes.
9 A. From time to time I may. I may 9 Q. I dont know if I asked you this or
10 have seen some. 10 not, do you know who the person, if youre not
11 Q. SO then even though you may not 11 that person who would have that knowledge, who
12 have the most knowledge about these documents, 12 would that person be? I 13 you would have some knowledge, correct? 13 A. For Number Six? ~
14 A. Only what Ive seen. 14 Q. Yes, sir. Ii
~
15 Q. And you might be in a position to 15 A. I dont know. I 16 authenticate advertising materials if they were 16 Q. Number Seven is, The person with ~
17 presented to you; would that be correct? 17 the most knowledge concerning the specifications 18 A. Perhaps if Id look at the document. 18 prepared by Foster Wheeler involVing the use I
19 Q. Okay. 19 asbestos of asbestos in asbestos-containing ; 20 A. I might be able to. 20 products. 21 Q. Numbering Five is, The person with 21 Do you know whether or not youre I
22 the most knowledge concerning the knowledge of 22 being produced in that capacity here today?
23 job site owners of the dangers of asbestos for 23 A. Only as this Number Seven relates
24 whom Foster Wheeler was contracted to perform 24 to the four sites weve identified up in One
25 work between 1946 and 1989. 25 and Two, yes.
!
Page 35 Page 371
1 Do you know whether or not youre 1 Q. Okay. And those specifications
2 being, is it your understanding youre being 2 would be found in the documents that you
11
3 produced in that capacity here today? 3 reviewed pertaining for these sites; would that ,JI 4 A. No. I would being corporate rep. 4 be accurate?
5 Q. Okay. Do you know who the 5 A. Correct. I mean I could hopefully
6 corporate rep for that subject matter would be? 6 answer questions about those specific documents
7 A.
