Joint Appendix — Air and Liquid Systems Corp., et al., Petitioners v. Roberta G. DeVries, Individually and as Administratrix of the Estate of John B. DeVries, Deceased, et al.
Supreme Court briefJul 9, 2018
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No. 17-1104
IN THE
Supreme Court of the United States
AIR AND LIQUID SYSTEMS CORP., CBS
CORPORATION, AND FOSTER WHEELER LLC,
Petitioners,
v.
ROBERTA G. DEVRIES, Administratrix of the Estate
of John B. DeVries, Deceased, and Widow in her own
right,
Respondent.
INGERSOLL RAND COMPANY,
Petitioner,
v.
SHIRLEY MCAFEE, Executrix of the Estate of
Kenneth McAfee, and Widow in her own right,
Respondent.
On Writ of Certiorari to the
United States Court of Appeals for the Third Circuit
JOINT APPENDIX (VOLUME II OF II)
SHAY DVORETZKY
Counsel of Record
JONES DAY
51 Louisiana Ave NW
Washington, DC 20001
Tel.: (202) 879-3939
sdvoretzky@jonesday.com
RICHARD PHILLIPS MYERS
Counsel of Record
PAUL, REICH & MYERS
1608 Walnut Street, Suite 500
Philadelphia, PA 19103
Tel.: (215) 735-9200
rmyers@prmpclaw.com
Counsel for Petitioner
CBS Corporation
Counsel for Respondents
Roberta G. DeVries and
Shirley McAffee
(Additional counsel listed on inside cover)
PETITION FOR CERTIORARI FILED JANUARY 31, 2018
CERTIORARI GRANTED MAY 14, 2018
CARTER G. PHILLIPS
Counsel of Record
SIDLEY AUSTIN LLP
1501 K Street, N.W.
Washington, DC 20005
Tel.: (202) 736-8270
cphillips@sidley.com
Counsel for Respondent
General Electric Co.
(continued from front cover)
i
TABLE OF CONTENTS
Page
VOLUME I
Docket Entries,
In re: Asbestos Products Liability Litigation
(No. VI), No. 16-2669 (3d Cir.) ............................... 1
Docket Entries,
In re: Asbestos Products Liability Litigation
(No. VI), No. 16-2602 (3d Cir.) ............................... 3
Docket Entries,
In re: Asbestos Products Liability Litigation
(No. VI), No. 15-2667 (3d Cir.) ............................... 5
Docket Entries,
In re: Asbestos Products Liability Litigation
(No. VI), No. 15-1278 (3d Cir.) ............................... 7
Docket Entries,
McAfee, et al. v. 20th Century Glove Corp. of
Texas, No. 5:13-cv-06856-GJP (E.D. Pa.) ............ 10
Docket Entries,
DeVries, et al. v. General Electric Co,, et al.,
No. 5:13-cv-00474-ER (E.D. Pa.) .......................... 13
Materials from District Court Proceedings
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 269-1, pages 2–18) (excerpts of Exhibit
A to Motion for Summary Judgment filed by
CBS Corporation) ................................................. 22
ii
TABLE OF CONTENTS
(continued)
Page
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 269-2, pages 2–38) (excerpts of Exhibit
B to Motion for Summary Judgment filed by
CBS Corporation) ................................................. 46
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 270-1, pages 2–53) (excerpts of Exhibit
A to Motion for Summary Judgment filed by
General Electric Company) .................................. 90
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 270-2, pages 2–19) (excerpts of Exhibit
B to Motion for Summary Judgment filed by
General Electric Company) ................................ 224
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 270-3, pages 7, 25, 33–34, 50–51, 56,
62) (excerpts of Exhibit C to Motion for
Summary Judgment filed by General Electric Company) ..................................................... 259
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 273, pages 14–49) (Exhibits A-C to
Motion for Summary Judgment filed by Imo
Industries, Inc.) .................................................. 266
iii
TABLE OF CONTENTS
(continued)
Page
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 274, page 16) (excerpt of Exhibit A to
Motion for Summary Judgment filed by Air
& Liquid Systems Corporation) ......................... 361
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 277-4, pages 1–4) (excerpts of exhibits
to Motion for Summary Judgment filed by
Foster Wheeler LLC) .......................................... 362
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 291, pages 13, 17, 19–22) (excerpts of
Exhibit A to Answer to Motion for Summary
Judgment of Foster Wheeler LLC) .................... 369
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 291, pages 27–29) (excerpts of Exhibit
B to Answer to Motion for Summary Judgment of Foster Wheeler LLC) ............................ 383
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 291, pages 33, 35) (excerpts of Exhibit
C to Answer to Motion for Summary Judgment of Foster Wheeler LLC) ............................ 389
iv
TABLE OF CONTENTS
(continued)
Page
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 291-1, pages 1–8) (excerpts of Exhibit
C to Answer to Motion for Summary Judgment of Foster Wheeler LLC, continued) .......... 391
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 294, pages 15–19) (excerpts to Exhibit
A of Answer to Motion for Summary Judgment of General Electric Company) .................. 398
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 294-3, pages 3–10) (excerpts to Exhibit
G of Answer to Motion for Summary Judgment of General Electric Company) .................. 410
VOLUME II
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 296, pages 20–22) (excerpts to Exhibit
A of Answer to Motion for Summary Judgment of CBS Corporation).................................. 420
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 296-1, pages 9–13) (Exhibit C of Answer to Motion for Summary Judgment of
CBS Corporation) ............................................... 427
v
TABLE OF CONTENTS
(continued)
Page
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 296-2, pages 18–21) (excerpts of Exhibit F of Answer to Motion for Summary
Judgment of CBS Corporation).......................... 437
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 296-2, pages 30–31, 34–36) (excerpts
of Exhibit G of Answer to Motion for Summary Judgment of CBS Corporation,
continued) ........................................................... 443
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 296-2, page 45 — Doc. 296-3, pages
1–2) (excerpts of Exhibit H of Answer to Motion for Summary Judgment of CBS
Corporation)........................................................ 448
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(excerpts of Exhibit H of Answer to Motion
for Summary Judgment of CBS Corporation, continued)................................................... 453
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 296-3, pages 8–9) (Exhibit I to Answer
to Motion for Summary Judgment of CBS
Corporation)........................................................ 459
vi
TABLE OF CONTENTS
(continued)
Page
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 297, pages 16–22, 28–29) (excerpts of
Exhibits B & C of Answer to Motion for Summary Judgment of IMO Industries, Inc.) .......... 463
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 298, page 19) (excerpts of Exhibit A of
Answer to Motion for Summary Judgment
by Buffalo Pumps, Inc) ....................................... 472
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 298-2, pages 7–8) (excerpts of Exhibit
D of Answer to Motion for Summary Judgment by Buffalo Pumps, Inc.) ............................ 473
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa.)
(Doc. 298-4, pages 6–10) (Exhibit J of Answer to Motion for Summary Judgment by
Buffalo Pumps, Inc.) ........................................... 480
McAffee v. 20th Century Glove Corp.,
No. 13-06856-ER (E.D. Pa.)
(Doc. 171, pages 18–31; 33–43) (excerpts of
Exhibits A & B of Ingersoll Rand Company's
Motion for Summary Judgment) ....................... 486
vii
TABLE OF CONTENTS
(continued)
Page
McAffee v. 20th Century Glove Corp.,
No. 13-06856-ER (E.D. Pa.)
(Doc. 203, pages 16–19, 22–24, 30–31, 37–
49) (excerpts of Exhibits A, B, & C of Answer to Motion for Summary Judgment of
Ingersoll-Rand Company) .................................. 557
McAffee v. 20th Century Glove Corp.,
No. 13-06856-ER (E.D. Pa.)
(Doc. 203-1, pages 1–2, 31–50) (excerpts of
Exhibit D of Answer to Motion for Summary
Judgment of Ingersoll-Rand Company) ............ 593
McAffee v. 20th Century Glove Corp.,
No. 13-06856-ER (E.D. Pa.)
(Doc. 203-2) (excerpts of Exhibit D of Answer to Motion for Summary Judgment of
Ingersoll-Rand Company, continued) ................ 642
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa., October 3,
2014) (order awarding summary judgment
to Warren Pumps) .............................................. 745
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa., October 3,
2014) (order awarding summary judgment
to IMO Industries, Inc.) ..................................... 757
DeVries, et al. v. General Electric Company,
et al., No. 13-cv-474 (E.D. Pa., October 10,
2014) (order awarding summary judgment
to General Electric Company)............................ 770
viii
TABLE OF CONTENTS
(continued)
Page
Materials from Third Circuit Proceedings
DeVries, et al. v General Electric Company,
et al., No. 15-1278 (3rd Cir.)
(Joint Appendix 729) .......................................... 782
DeVries, et al. v General Electric Company,
et al., No. 15-1278 (3rd Cir.)
(Joint Appendix 1508-12) ................................... 784
DeVries, et al. v General Electric Company,
et al., No. 15-1278 (3rd Cir.)
(Joint Appendix 1540-42) ................................... 797
Addendum A to Brief of Defendant-Appellee
General Electric Company,
No. 16-2602 (3d Cir.) .......................................... 803
420
JOHN B. DEVRIES
***
Page 389
Q. And do you recall whether or not that was
insulated in any way?
A. Not to my recollection. It was powered by I
guess a diesel engine and being emergency it was
rarely used when I was on board ship. And it was in a
space removed from the main engine rooms and boiler
rooms.
Q. And would — strike that. Okay. With regard
to the forced draft blowers that counsel asked you
about earlier, first of all, how many forced draft
blowers from Westinghouse do you recall on the
TURNER?
A. I believe there were two for each boiler, four
boilers, eight blowers.
Q. And what was the purpose of a forced draft
blower?
A. To burn the black oil to generate heat, generate
steam.
Q. And how high would temperatures get on the
forced draft blower, if you know?
A. I don’t recollect.
Q. What would happen if you touched it hand to
bare metal?
A. I don’t remember the temperatures.
Page 390
Q. Okay. Do you remember whether or not they
were insulated?
421
A. They were insulated or parts or connections
were. And I’m unclear to the details of those.
Q. Was it necessary over the three years you were
on the TURNER to supervise or be involved in the
maintenance or repair of any of these four
Westinghouse forced draft blowers?
A. Eight blowers.
Q. Eight blowers?
A. Two to each boiler.
Q. Two to each boiler. Okay.
A. And, yes, we repaired them.
Q. And would that have exposed you to asbestos, to
your knowledge?
A. The insulation portion of the removals, yes.
Q. Okay. And did that make dust?
A. Yes.
Q. Did you breathe it?
A. Yes. I —
Q. With regard to forced draft blower
Page 391
turbines, what’s a forced draft blower turbine?
A. A turbine powers the blower.
Q. Okay. But would it be fair to say that the forced
draft blower turbine is attached to the forced draft
blower?
A. The turbine is the power source to turn the
wheel, the blower wheel.
422
Q. Okay. And, again, is the turbine — so the
turbine is part of the blower. So there were eight of
them on the TURNER at that time —
A. Yes.
Q. — from Westinghouse?
MR. KATNER: Objection to form, but —
MR. REICH: Okay, I’ll re-ask that.
BY MR. REICH:
Q. How many, how many forced draft blower
turbines were there on the TURNER from
Westinghouse?
A. Eight.
Q. Okay.
Page 392
A. Yes, eight.
Q. And would it be necessary to maintain those
eight blowers and turbines?
A. Yes.
Q. And would the maintenance require handling or
disturbing any of the insulation that was on it?
A. Insulation on the turbine on the steam end on
the — yes, on the —
Q. And how frequently would that occur among the
eight?
A. Several of the blowers were relatively trouble
free and only required routine maintenance. Several
blowers seemed to be very temperamental and require
frequent maintenance.
Q. What’s a main condenser circulating pump?
423
A. You mean condensate pump?
Q. I’m sorry?
A. You mean condensate pump?
Q. Condensate or condensate pump, yes, I do,
either pump or turbine, pump connected with that.
Page 393
A. Yeah. This is a case where you had a turbine
powering a pump moving water from the condenser,
moving hot water.
Q. How many of those were on the TURNER from
Westinghouse?
MR. KATTNER: Wait. Objection to form,
asked and answered about motors.
MR. REICH: I’ll re-ask it.
BY MR. REICH:
Q. How many of these circulating pump turbines
were on the TURNER from Westinghouse?
A. That is in Exhibit 2. I need to either look at
Exhibit 2 or -—
Q. You don’t recall off the top of your head?
A. Right.
Q. What’s the purpose of that devise?
A. The condensate pump takes water from the
condenser.
Q. And what does it do with it?
A. Delivers it back into the system to make steam.
Q. Would each of the boilers require that piece of
equipment?
424
Page 394
A. It’s required to get the water that’s been
condensed in the condenser back into this closed loop
system.
Q. And would that piece of equipment require
maintenance or repair while you were on the
TURNER?
MR. KATTNER: Continuing objection. I don’t
see anything in these records suggesting that there’s
any pump supplied by Westinghouse. We may have
turbines. We may have helical gears. We may have
motors, but I don’t see anything from a pump from
Westinghouse or GE. So unless you have —
MR. REICH: Nobody is saying that those
documents are complete. It’s what we have for now. If
there are other documents that will turn up as a result
of a search at the archives, then, you know, they’ll be
evidence or they won’t be, whatever it turns out. But
I can certainly ask him from his recollection to tell us
—
MR. KATTNER: Well, to extent my client may
not have manufactured
***
Page 396
about the main condenser circulating pump turbines.
MR. KATTNER:
Okay.
That’s a different
thing.
MR. REICh: Okay.
MR. KATTNER:
about the pumps.
I thought you were asking
425
MR. REICH: Okay. I’m talking about the pump
turbines right now.
THE WITNESS: The turbine.
BY MR. REICH:
Q. Right. And how many of those do you recall —
you don’t recall how many of those there were.
A. Well, I guess there were four.
Q. Is that an estimate?
A. That is an estimate.
Q. Okay. That’s fine. And was there required to
be maintenance or repair work on these pump
turbines or turbines connected to those pumps, to your
knowledge?
MR. KATTNER: Objection to form.
WITNESS: I view the pump
Page 397
turbine combination as the piece of equipment that
requires maintenance. So whether it be the pump end
or the turbine end or turbine motor end, whatever, I
view the unit — view this as a unit.
BY MR. REICH:
Q. Okay. And was that unit insulated?
MR. KATTNER: Object to form.
THE WITNESS: Turbines were insulated, the
pump when it handling a hot media, insulated, yes.
BY MR. REICH:
Q. Okay. And was it necessary to disturb or
remove any of the insulation on the Westinghouse
turbines that were attached to those pumps?
426
A. In most cases it would have to have been.
Q. Did that make dust?
A. Any time you remove insulation, or at least in
my experience on the TURNER, any time insulation
was disturbed you got dust.
Q. And did you breathe that dust?
A. And if you were close to it and
Page 398
unfortunately I knew no better I was close to it all the
time either instructing somebody or looking,
inspecting for myself.
Q. So specifically when removing or handling the
insulation on the Westinghouse turbines attached to
these pumps did that give off dust that you breathed?
A. Removal of insulation on the pump turbine
would give of — did give off dust and I would have
breathed it.
Q. Okay. Were there any warning labels on any of
the General Electric equipment as to the dangers of
asbestos?
MR. KATTNER: Objection to form.
THE WITNESS: None.
BY MR. REICH:
Q. Were there any warning labels on the
Westinghouse equipment on the TURNER with
regards to the dangers of asbestos?
A. None.
MR. REICH: You may Redirect if you choose.
***
427
REPORT OF MATERIAL INSPECTION
OF
U.S.S. TURNER (DDR 834)
HELD
16 MAY 1957
COMMANDER DESTROYER SQUADRON
FOURTEEN
MISSION BY COMMANDER DESTROYER
DIVISION ONE HUNDRED FORTY TWO
AND U.S.S. KENNETH D. BAILEY (DDR 713)
AT
TARANTO, ITALY
428
***
III – GENERAL COMMENT
1.
The U.S.S. TURNER (DDR 834) is a destroyer
of the Gearing (692–711) class, 390 feet, 6 inches
overall lengyh, 40’10’’ beam, 3460 ton full load
displacement, twin screw, 60,000 SHP, geared turbine
drive. The vessel was built by the Bath Iron Works,
Bath Maine, and was first commissioned 12 June
1945. The last docking was 12 September 1955 in the
Philadelphia Naval Shipyard.
2.
a.
Chronological summary of activities of
the vessel since last overhaul:
MONTH AND YEAR
APR 54 – JUN 55
JUN 55 – JUL 55
JUL 55 – AUG 55
SEP 55 – OCT 55
NOV 55 – FEB 56
MAR 56 – MAY 56
JUN 56 – JUL 56
AUG 56 – OCT 56
NOV 56 – DEC 56
DEC 56 – JAN 57
JAN 57 – MAY 57
b.
EMPLOYMENT AND AREA
Shipyard Overhaul, Philadelphia, Pa.
ISL and Updeep, Newport, Rhode
Island
Refresher Training, Guantanamo
Bay Cuba
Type Training and Upkeep; restricted
availability Boston Naval Shipyard
for repair of Sonar Dome.
Operations with U.S. SIXTH Fleet
Type Training and Upkeep, Newport,
Rhode Island
Midshipman Cruise, Northern
Europe and Carribean Area.
Type Training and Upkeep, Newport,
Rhode Island
Carrier Operations, Atlantic
Type Training and Upkeep, Newport,
Rhode Island
Operations with U.S. SIXTH Fleet
Periods of inactivation, immobility or
non-naval service:
429
Date last tender availability:
April 1957
18 – 25
Number of days vessel underway since
last overhaul: 680
Number of days vessel not underway
since last overhaul: 135
Marine miles steamed since last shipyard
overhaul: 87,627
3.
c.
Prospective date of next regular
overhaul: 19 September 1957 at Boston
Naval Shipyard.
a.
Date of last InSurv Inspection: 22 March
1955
b.
Serious damage or derangement since
last Insurv Inspection:
c.
(1)
The feed water was contaminated
with oil on 7 August 1956
(2)
The tubes were out in number one
boiler on 28 April 1956
Status and Fleet assignment of vessel:
Active – Atlantic Fleet [illegible]
***
VI – MACHINERY INSTALLATION
1.
GENERAL
GENERAL
COMMENT
a. The machinery and boilers of the
USS TURNER were, in gene
[text cut off in original] in
satisfactory condition. Logs and
records were well maintained
and up to date. However, the
430
Machinery Histor [text cut off in
original] and CSMP were not up
to date. The material condition
and appearance of the enginerooms and the firerooms was in
an unsatisfactory state.
MAIN ENGINES
b. The main engines consist of two
30,000 SHP, LP and HP tur
manufactured by the General
Electric Co. Each HP and LP
turbine is connected through a
double reduction gear in a
propeller shaft.
In addition,
there are two cruising turbines
installed.
These cruising
turbines are forward and
connected to the HP turbines
through a single reduction gear.
The latest DESLANT Machinery
Inspection Report of December
1956 shows the turbines to be in
good condition. Inspection of the
latest bearing and thrust
readings revealed no indication
of an unsatisfactory condition of
the turbines. All readings are
within tolerance.
REDUCTION
GEARS
c.
LUBRICATION
d. Results of the chemical analysis
of the lubricating oil taken
March 1957 by the USS
EVERGLADES
(AD
24)
The main reduction gears consist
of two (2) sets of Delav [text cut
off in original] Co. double helical,
The
double reduction gears.
DESLANT
Machinery
Inspection Report of December
1956 show gear teeth of #1 main
reduction gear to have slight
pitting.
431
indicated oil to be in satisfactory
condition for continued use.
SHAFTING AND
PROPELLERS
e.
Vessel
last
drydocked
9
September 1955. Results of last
underwater
hull
inspection
taken 20 March 1957; 2’ of the
port bilge keel and 10’ of the
starboard bilge keel were off
because of being rolled back. No.
2 spring bearing, starboard shaft
stuffing box leaks oil evidently
from fuel oil tank B-9½-F.
MAIN
CONDENSERS
f.
The main condensers consist of
two (2) single pass conden [text
cut off in original] manufactured
by the Foster-Wheeler Corp. The
condensers in good condition.
CONDENSERS
AUXILIARY
g. There are two (2) double pass
auxiliary condensers manufa
[text cut off in original] by the
Worthington
Corp.
The
auxiliary condensers are in
satisfactory condition.
PUMPS
h. The
various
pumps
were
inspected and found to be in a
satisfactory condition with the
following exceptions:
(1) No. 1 and No. 2 Fire and
Flushing pumps experiencing
difficulty with bearings and
wearing rings. The foun [text
cut off in original] of both
pumps
were
heavility
corroded and rusted.
RECOMMEND
(a) SHIPALT
DD991D
–
Replacement of Fire and
Flushing
Pump
be
accomplished
and
foundations be replaced.
432
(2) No. 1 Evaporator Brine Pump
foundations were heavily
corroded and rusted.
(a) Replacement
foundation.
RECOMMEND
of
pump
(a) No. 3 Main Feed Pump shaft
sleeves heavily scored.
RECOMMEND
PIPING, VALES
AND FITTINGS
(a) Renewal of shaft sleeves.
i.
(1) Replacement of pipe hangers
and braces. Replacement of
HP drain system with heavier
piping and replacement of
sectic [text cut off in original]
LP drain and Bilge and
Ballast System which have
not been renewed by tenders.
RECOMMEND
LAGGING
RECOMMEND
EVAPORATORS
The piping valves and fittings
are, in general, in satisfactory
condition. The piping in the
bilges, including the HP and LP
drains and the Bilge and Ballast
System are in poor condition.
Pipe hangers and braces in the
bilges are corroded and rusted.
j.
Lagging in both firerooms and
enginerooms is in unsatisfactory
condition.
(1) Renewal of approximately
75% of lagging by Naval
Shipyard.
k. There are two (2) Griscom Russel
Co., low pressure units; one 4000
GPD and one 12000 GPD unit.
No. 1 evaporator was inspect
[text cut off in original] and
found to be in good condition.
There was no scale present
433
RECOMMEND
(1) Acid bath at the
shipyard availability.
next
D.A. FEED
TANKS
1. There are two (2) deaerating feed
tanks manufactured by the Elliot
Co. No. 1 D.A. tank was
inspected and found to be in fa
[text cut off in original]
condition. Slight trace of oil with
approximately ½ pound mud
balls was found near the suction
strainer. The oil deflectors in the
main engines have been renewed
since the last previous opening
and cleaning of the No. 1 D.A.
tank.
No trace of oil found
anywhere else in the feed water
system, therefore, presu [text cut
off in original] oil is carried over
from
the
last
time
oil
experienced in syst [text cut off
in original]
BOILERS
m. There are four (4) Babcock and
Wilcox 3 drum, express type,
divided furnace, single uptake,
superheat controlled boilers
installed operating at a pressure
of 600 psi at 850F. There a [text
cut off in original] two boilers in
each fireroom. The steaming
hours since last cleaning as of 24
March 1957:
BOILER FIRESIDES WATERSIDES
1
194.5
644.9
2
120.7
120.7
3
0.0
579.5
4
209.7
736.0
Inspection of No. 4 boiler revealed
the following defects:
434
(1) Excessive slag on deck both
on saturated and superheat
[text cut off in original]
(2) Plastic front cracked on both
sides.
(3) Back walls and slopes
spalling on both sides.
(4) Studded tubes on both sides
required patching with chr
[text cut off in original]
(5) Bailey feed water regulator
inoperative. Does not hold
water level and is not
completely connected.
(6) Drain
holes
plugged.
Leakage of fuel oil from
burners into air casing
occurs.
(7) Boiler
requires
better
preservation underneath.
(8) Superheater
inspection
plates and exonomizer not
opened [text cut off in
original] inspection.
(9) All main steam hanger
springs in poor state of
preserve due to rusting.
RECOMMEND
(a) Installation
boiler
compound injector tank
both fir [text cut off in
original]
Complete
rebricking No. 4 boiler.
UPTAKES AND
SMOKEPIPES
n. The uptakes and smokepipes
were in unsatisfactory condition
due to heavy accumulation of
dirt and dust. DESLANT Class
[text cut off in original] Item
435
DD111 – the installation of
coaming around the forced draft
intakes has been 50% completed.
(1) SHIFALT DD1098 – modify
air intake louvre for forward
smoke stack be accomplished.
RECOMMEND
FORCED DRAFT
BLOWERS
c.
There are eight Westinghouse
electric turbine driven propel
forces draft blowers.
The
blowers, in general, are in good
condition. The counterweight on
the flaps on No. 6 blower not
balanced and will not close the
flaps.
RECOMMEND
(1) SHIPALT
1047K
Modification to lube
system be accomplished.
FUEL
APPARATUS
p. The fuel apparatus, in general,
was in satisfactory condition
[text cut off in original]
REFRIGERATION
UNIT
q. There are two Carrier Model 7H5
freon 12, 2 ton capacity ea [text
cut off in original] refrigerating
units. Units were found to be on
a satisfact [text cut off in
original] condition.
However,
there was a scale on the
condenser whi [text cut off in
original] the ship’s force is
unable to clean because of lack of
equi [text cut off in original]
(1) Shipyard clean scale from the
condensers.
RECOMMEND
INSTRUMENTS
MECHANICAL
MEASURING
–
oil
r.
The instruments were, in
general,
in
satisfactory
condition.
Numerous gauges
required calibration and several
gauge glass [text cut off in
original] were broken.
436
REPAIR
EQUIPMENT
LIFTING JACK
s.
Repair equipment and lifting
jack appears to be adequate and
in satisfactory condition.
***
437
NO. 90-23333
IN RE: ASBESTOS
CASES
§
§
§
§
§
§
IN THE DISTRICT
COURT OF HARRIS
COUNTY, TEXAS
MASTER
ASBESTOS FILE
DEFENDANT WESTINGHOUSE ELECTRIC
CORPORATION'S ANSWERS AND
OBJECTIONS TO PLAINTIFFS'
INTERROGATORIES AND REQUEST FOR
PRODUCTION TO DEFENDANTS
Defendant, Westinghouse Electric Corporation
("Westinghouse") hereby responds to Plaintiffs'
Interrogatories and Request for Production to
Defendants as follows:
PRELIMINARY STATEMENT AND
GENERAL OBJECTION
The information sought in these interrogatories and
requests for production has been provided to plaintiffs
many times previously. Some of these matters have
been the subject of numerous depositions. Also,
plaintiffs' counsel have reviewed hundreds of
thousands of pages of Westinghouse documents
previously produced, as evidenced by the inclusion of
Westinghouse documents in plaintiffs' Master Exhibit
List.
Therefore, Westinghouse objects to these
discovery requests as redundant, overly broad, and
intended only to harass and waste the resources of
Westinghouse. Westinghouse respects the fact that
438
these discovery requests are in a form which has been
used in asbestos cases against defendants whose
primary business was the manufacture of asbestos
thermal insulation. For the reasons set forth below,
Westinghouse respectfully submits that this
discovery, as applied to Westinghouse, is unduly
burdensome and would require Westinghouse to
invest massive financial and manpower resources
which far outweigh the likelihood that this effort
would lead to the discovery of admissible evidence.
Westinghouse
***
s.
identify any warning labels, inserts or other
writings provided with such product and with
every such printed warning; state what
period of time it has or had accompanied the
product, the exact wording of the warning,
any amendments made to the wording, where
the warning was located on each product or
packaging, and on what asbestos products
the warning appear(ed);
t.
geographic distribution range of each such
product.
RESPONSE: See Preliminary Statement and
General Objection.
Westinghouse objects to
responding to this Interrogatory for any products not
alleged to have contributed to the injuries of plaintiffs
on the grounds that it is overly broad and unduly
burdensome and seeks information which is irrelevant
and immaterial to these proceedings and which is not
reasonably calculated to lead to the discovery of
relevant,
material
or
admissible
evidence.
Westinghouse further objects that this Interrogatory
439
is overly broad, burdensome and harassing. Subject to
and without waiving these and the foregoing General
Objection, Westinghouse responds as follows:
Because of the unlimited scope of this Interrogatory,
the number of years Westinghouse has been in
business, the size of its operations, and the way its
divisions have customarily retained and stored
records, much of the information sought by this
Interrogatory cannot be provided.
Historically,
Westinghouse has manufactured and sold equipment
and components for the generation, transmission, use
and control of electricity. Since its founding in the
1800's, Westinghouse has sold many thousands of
different products, with hundreds of thousands of
variations of those products.
Westinghouse did not mine, manufacture or sell
asbestos fiber. Where Westinghouse incorporated
asbestos into a product it was used as the best
commercially available material to satisfy a particular
need incidental to the end product being
manufactured. Consequently, it was not routinely
done.
Based upon good faith information and belief, the
following is a list of the types of products sold by
Westinghouse which at some point in time may have
contained some amount of asbestos. No attempt is
made to distinguish between these products as to the
type or amount of the asbestos fibers into the air. In
many instances, these "products" are themselves
components in other end-products. Further, only
certain variations of these products contained asbestos
during certain periods; many other variations
contained no asbestos.
440
air conditioners and compressors
armatures
brakes for motors, bridge hoists, cranes and
other industrial equipment and linings
bus ways
circuit breakers
condensers
control rod drive mechanisms
control items such as relays, contactors, arc
chutes overhead controls, and switches
CPL arrester
CRC test press
DC contractor
electronic tubes
elevators
escalators
fans
flexible laminate
floodlights, aviation lights and light fixtures
fluorescent lights
gaskets in equipment
generators
governors
heat transfer products
heating coils
high voltage incandescent lamp, 23OV
induction heating equipment and systems
JF autostarter
lighting arrestors
liquid slip regulator
mercury lamp
mercury vapor rectifier
micarta
molded line traps
441
molded parts for electrical equipment,
including:
spacer barrier
mounting or terminal blocks
electrical insulator sleeve
plug board
barrier support
coil shield
motors (split phase, traction, D.C. fractional
horse, capacitors, single phase) and
internal insulating materials
moveable building wall panels
network protectors
oxygen analyzer probe assembly
oxygen shield
power reclosures
pumps
range timer
reactor components
redactor gears
sleeving
SVS arrester
steam & gas turbines and ancillary
insulation
switchgears
tape
thermal demand meter
toasters
transducers
transformers
valves
varnish treated paper
welding electrodes
welding machines
442
wire wound resistor assembly
Upon information and belief, Westinghouse
distributed, through Westinghouse Electric Supply
Company (WESCO), a Westinghouse division,
numerous products, manufactured by Westinghouse
and other companies, some of which contained
asbestos at some points in time. The following is a list
of asbestos-containing products of other companies
that were available for sale through WESCO.
American Beauty Heater Cord
Armored Thermostat Cable
Asbestos Insulated Heat-resisting Fixture
Cord, Type AF
Asbestos Insulated Wire and Cable
Asbestos Ranger and Rheostat Wire
"Rockbestos"
Collyer Asbestos Heater Cord
General Cable Asbestos Insulted Fixture
Wire
General Cable Asbestos Insulated Flexible
Cord
Heater Cord Type HPO
Rockbestos Asbestos Varnished Cambric
Wire Types ABC and AVP
Rockbestos Asbestos-covered Nickel Cord
Rockbestos AVC Boiler Room Wire and
Cable
Rockbestos AVC Switchboard Wire
Rockbestos Heat Resisting Fixture Wire
Rockbestos Power Cable
Rockbestos Stove Wire
Rockbestos Table LH Hotbed or Industrial
Heating Cable
Thermostat Cable
443
***
Page 4
A. That is correct.
Q. How are you presently employed?
A. I am presently employed with Westinghouse.
Q. And what is your title and your position?
A. I am Design Verification Manager.
Q. Where do you work?
A. I work in Sunnyvale, Westinghouse Electric
Marine Division, Post Office Box 3499 at Sunnyvale,
California, and the zip is 94088.
Q. How long have you been
Verification Manager in that location?
Design
and
A. Seven years.
Q. And prior to that time, what did you do prior to
that time?
A. You know, it is easier if I go —
Q. Forward in time?
A. Forward in time.
Q. Let’s do that then.
A
I know I had problems last time.
I started with Westinghouse in 1953 as a design
engineer. I held that position until 1964, and I went
to Sunnyvale, that’s as a Senior Design Engineer. In
1967 I became a supervisor of turbines. In 1971 I was
Nuclear Products Manager. In 1976 I was Supervisory
Engineer on turbines. And then 1980 I became
Advisory Engineer, and
444
Page 5
then in 1985 I became Design Verification Manager.
Q. At some point in time did you begin to become
involved with marine turbines as opposed to land-base
turbines?
MR. BROWN: Let me object to the form of the
question. I don’t think he has ever testified he has
been involved with land-base turbines.
MR. WATERS: Q. Have you been involved with
land-base turbines or marine turbines throughout
your career?
A. I have only been involved with marine turbines.
Q. 1953 to ‘64, where were you working?
A. Lester, Pennsylvania.
Q. Is that a manufacturing facility?
A. Yes, it is.
Q. Did they manufacture marine turbines at that
facility?
A. Yes, they did.
Q. Do you know, have they continued
manufacture marine turbines at that facility?
to
MR. BROWN: Let me object to the form of the
question, continued since what time period?
MR. WATERS:
Since he began working in
1953.
THE WITNESS: In 1964 the marine division
was transferred to Sunnyvale.
***
445
Page 30
A. No.
Q. Just to clarify, is your response that you did not
know, or is your response that no, Westinghouse never
recommended any materials?
A. No, Westinghouse never recommended any
such materials.
Q. And what is your knowledge based on in that
regard?
A. The naval architect is responsible to cover the
turbines and the other piping insulation in the engine
room so that personnel will not be burned.
Q. And is that the case today, that responsibility of
the naval architect?
A. Yes.
Q. And was that the case in 1953?
A. Yes.
Q. Do you have any knowledge as to what was the
situation from 1910 to 1953?
A. No
Q. Does Westinghouse provide written materials
to its customers with respect to the operation and
maintenance and installation of Westinghouse marine
turbines?
A. Yes.
Q. Do those written materials make any reference
to
Page 31
the use of thermal insulation on the materials —
A. Yes.
446
Q. — turbines?
A. Yes.
Q. And do those references, or do those comments
or whatever, suggest that any type of — particular
type or composition of thermal insulation be used?
A. No.
Q. Is it your testimony that those written
materials would merely state insulation, these parts
should be insulated, or something to that effect?
A. That is correct.
Q. Have you reviewed any such written materials
in order to facilitate your understanding of that?
A. No.
Q. Is that just something you know from general
knowledge?
A. Yes.
Q. Are you aware that with respect to land-based
turbines, Westinghouse provides specifications
suggesting what particular types of insulation should
be used on the turbine?
A. No.
Q. Does Westinghouse retain any instruction
materials or manuals with respect to installation or
***
Page 47
gaskets for the moment, was there any other use of
asbestos with respect to manufacturing or
constructing Westinghouse marine turbines?
A. No.
447
Q. With respect to gaskets or asbestos containing
gaskets used in the manufacture of Westinghouse
marine turbines?
A. Yes.
Q. And where would the gaskets be used?
A. Mainly on steamlines.
Q. Did Westinghouse manufacture its own
gaskets, asbestos-containing gaskets, or did it
purchase them from someone else?
A. It purchased the gaskets.
Q. Do you know where it purchased its asbestoscontaining gaskets?
A. No.
Q. Did Westinghouse instructions for the marine
turbines call for asbestos-containing gaskets to be
used as replacement parts?
A. Yes.
Q. And in your experience, Mr. Gate, about how
frequently would it be necessary to replace gaskets
that were used on steamlines?
A. Only during overhaul or inspection.
***
448
Warren Steam Pump Company, Inc. Warren, Mass.
Date Nov. 15, 1940
Bought of
Ship Via
Westinghouse Elec. &
Mfg. Co.
150 Broadway, New
York City
74757
Purchase Order
No. A-15320-1-23-4-5-6-7 S.O. No.
F.O.B.
Terms
Fed. Ship., Cont. NOd-1433, DD445-8, DD464-6
Beth. Iron Cont. NOd-1434, Destroyers DD449-51,
DD467-9
Beth.Steel Cont. NOd-1435, Destroyers DD470-71
Fed. Ship. Cont. NOd-1503, Destroyers DD498-502
Beth. Iron Works Cont. NO-1506 – Destroyers
DD507-517
Seattle-Tacoma Shipbldg. Co. Cont. Nod 511,
DD554-68
Beth. Steel Cont. NO-1507, Destroyers DD518-525
Beth. Steel Cont. NO-1508, Destroyers DD526-543
Beth. Steel Cont. NO-1509, Destroyers DD544-549
Material on this order comes under the cognizance of
the Bureau of ships. USN.
154–
(2 per vessel) Westinghouse vertical
geared steam turbines for driving Main
Condenser Circulating pumps.
Price…………………………………$1,039,500.00
77–
(1 per vessel) sets of turbine spare parts.
Price…………………………………$146,300.00
449
77–
(1 per vessel) sets of tools, including two
(2) of special wrenches.
Price…………………………………$15,400.00
1– Set type D finished plans
Price…………………………………$240.00
Additional sets of type D finished plans shall be
furnished at $160.00 per set.
Such Copies of material for instruction books as
required by Subsection S1-1. Price included in turbine
price above.
Prices are F.O.B. South Philadelphia, Pennsylvania
with transportation allowed to Warren, Mass.
Terms:
Net 90 days.
Total net weight, each turbine
3000 lbs.
Total net weight of each set of spares
750″
Total net weight of each set of tools
and wrenches
200″
Estimated weight of Navy boxing
250″
Schedule of shipping requirements to be given later.
One shipment to start April 1, 1941.
These turbines are to be substantially duplicates of
those being furnished for Cruisers CL51. 54 on our
purchase order 57530. Slight modifications may be
necessary in order to incorporate these units into the
machinery design of the above vessels.
Fifteen (15) copies of type B detail drawings to be
submitted prior to December 1st, 1940.
These turbines are to be designed to operate with
steam pressure at turbine throttle 575 lbs./sq.in, gage
saturated and 15 lbs./sq.in., gage back pressure.
When operating with the above designed conditions,
450
turbines are to develop 305 BHP at 865 RPM of the
gear shaft, with a guaranteed steam consumption of
33.1 lbs./BHP/Hr. and to develop 138 BHP at 580 RPM
with a steam consumption of 49.5 lbs./BHP/Hr.
NOTE: Turbines to be suitable for a steam drum
pressure of 665 lbs./sq.in. gage saturated. Working
steam drum pressure shall not exceed 600 lbs./sq.in.
gage. Turbines glands shall be designed for a 35 lb.
sq.in. gage back pressure notwithstanding the fact
that the working back pressure will be 15 lbs./sq.in
gage. Turbines shall also be capable under emergency
conditions of carrying the normal rated load when
exhausting against a back pressure of 20 lbs./sq.in.
gage, other conditions being normal. Relief valves
shall be set at 25 lbs./sq.in. gage.
These turbines will all be of the same rotation but
steam and exhaust connections are to be located so as
to suit the requirements of installation on these
vessels.
In general, these turbo gear sets are to be designed for
variable speed operation and equipped with speed
limiting governors (without overspeed trip).
The turbines will be of the impulse, re-entry type. A
single disc rotor having one row of blades will be
overhung from a pinion shaft. The turbine rotor will
be a steel forging mounted on the end of a steel shaft
which also forms the pinion. The blades will be of
corrosion resisting steel set in a groove in the rotor and
fastened by pins. The gear will be double helical spur
type hobbed on a forge steel rim. The gear case will be
of steel construction and will contain the oil reservoir
in the base. The gear shaft will extend vertically down
to connect to the pump shaft by means of a rigid
451
coupling. These units shall be arranged with suitable
spigot for mounting with the pump and the gear shaft
will be required to carry a pump thrust in a downward
direction of 5500 lbs. including the weight of the pump
rotor. Lubricating oil will be supplied by an impeller
on the bottom of the pinion shaft taking suction direct
from the oil reservoir in the base of the gear cusp. The
lubricating oil system to be complete with cooler, filter,
pressure gauge, oil level gauge, thermometer, and
necessary piping. In order for the unit to line up
properly, it will be necessary for the center of the shaft
to be in the center of the counterbore circle with a
tolerance of .004″ and the finished face of the gear case
shall be at exact right angles to the turbine gear shaft
with a tolerance of .002″.
The following fittings are to be furnished with each
turbine:
1 speed limiting governor (mechanical type)
1 turbine exhaust relief valve, nominal size.
equal to nominal size of steam inlet
1 steam strainer
1 lubricating oil pressure gage
1 lubricating oil thermometer
1 lubricating oil cooler
1 lubricating oil strainer
1 lubricating oil level gage.
Necessary drain connections and drain valves
Insulation shall be furnished and installed by the
shipbuilder after installation of the units in the vessel.
Insulation and lagging shall be shown on the type B
drawings in accordance in Subsection 539-1 of the
General Specifications of Machinery.
452
All connections shall be extended a sufficient distance
beyond the lagging to allow for the completion of the
connection aboard the ship without disturbing the
insulation or the lagging.
Each set of spares to consist of the following items and
shall be in accordance with the General Specifications
for Machinery, Section [illegible]
2 sets of ball bearings
1 set of sleeve bearings
1 set of nozzle blocks
1 set of reversing chambers
1 set of governor wearing parts
2 oil cooler cores
2 oil strainer baskets
***
453
For shipyard use
PURCHASE
ORDER NO.
DATE
BATH IRON
DATE
WORKS
August 15, 1938
CORPORATION NO. DD423 & 424
BY
43034
GIBBS AND COX,
Page 1 of 6
INC.
21 WEST STREET,
NEW YORK, N.Y.
material requisition
1. PROPOSED TO BE PURCHASED FROM
Westington Electric & Mfg. Co.
Date of Quotation
7/14/38; 7/11/38; 6/27/38
Delivery Spec. in Quo. 31 wk
2. Material for Destroyers DD423 & 424 Bath Iron
Works Corporation
3. Material under Cognizance of Bureau of Engineering
……………………………
4.
Approx. Guaranteed
Job Item
Shipping Finished
No. No. Quantity Description Weight
Weight
for two
vessels
MAIN
FORCED
DRAFT
BLOWERS
Note:
Quantities
Listed are for
two vessels
1
16
Main Forced
Draft
Blowers,
horizontal
propeller
2587 lbs
each.
454
type, direct
connected
steam
turbine
driven, each
complete
with
attachments
and fittings
as listed in
Appendix B
2
8
Sets blower
controls,
each set to
control speed
of one pair of
blowers by
single
handwheel.
122 lbs
per set
3
2
Sets of spare
parts for the
above units
740 lbs
per set
4
4
Sets of tools
and special
wrenches for
the above
units
234 lbs
per set
5
2
Navy Boxing
for Item 3
325 lbs
per ship
approx.
5. Remarks:
MANUFACTURE: Westinghouse Electric & Mfg.
Co., Essington, PA
455
DD 423 and 424
Approved as
Requisition Only By
Inspector of Machinery
BATH IRON WORKS
CORPORATION
BY GIBBS AND COX, INC.
AUGUST 30, 1938
H. L. Culpepper
IMPORTANT: READ APPENDIX “A”
***
APPENDIX B
SPECIFICATION FOR
MAIN FORCED DRAFT
BLOWERS
(a) GENERAL SPECIFICATIONS: Main forced draft
blowers are to be in accordance with Bureau of
Engineering General Specifications for Machinery, as
listed in Item 8, page 2, and as approved.
(b) SPECIAL SPECIFICATIONS: Main forced draft
blowers are to be in accordance with the requirements
of Special Specifications for Propelling Machinery for
U.S. Destroyers DD423&424 and DD429to436,
inclusive, as follows:
“S53-1.
FORCED
(Dated May 1, 1934)”
DRAFT
FLOWERS
“There shall be eight identical main turbine-driven
Class C forced-draft blowers, two installed for each
boiler. Each blower shall be supplied with outside air
through a suction truck from the deck. The blowers
shall be connected to and shall discharge through
automatic balanced shutters or dampers and suitable
ducts, to the pressure space between the inner and
outer boiler casing. Positive air closure will be
required so that each blower of a pair operating on the
456
same boiler can be used independently of the other.
Provision shall be made for drawing air into the main
blower intakes from the upper part of the firerooms.
The sound characteristics, volume and pitch, of the
blower units shall be a minimum consistent with
capacity, pressure, and space factors. Sound-insulated
inlet ducts shall be furnished as specified in the detail
hull specifications. The arrangement and insulation
shall be satisfactory to the Bureau of Engineering.
The Bureau will give consideration to the
substitution of Class A (propeller type) blowers for
Class C blowers during the development of the
contract providing satisfactory sound insulation shall
have been developed for this type of blower.”
“S50. AUXILIARY TURBINES – All auxiliary
turbines, except those driving the turbo-generators,
shall be designed to give normal rated capacity at 590
pounds per sq. in. gage saturated-steam pressure at
the throttle when exhausting against a back pressure
of 15 pounds.”
“S50-1. HORIZONTAL TURBINES, GENERAL
AUXILIARY (Dated 1 Feb. 1934).” “Sizes of steam and
exhaust connections shall be as approved when the
final design is submitted of the system in which the
turbines are to be installed.”
(c) TYPE:
Class A, Horizontal Propeller, direct
connected steam turbine driven.
(d) CHANGEABILITY: All similar parts of blower
units and spare parts must be absolutely
interchangeable, so that any part may be interchanged
with a similar part without any machining or fitting.
457
(e) COMPARTMENTS: Main forced draft blowers to
be installed in two main compartments per ship.
***
SPECIFICATIONS FOR
APPENDIX B
MAIN FORCED DRAFT BLOWERS (Continued)
Note: In the event that the total steam consumption
at anyone or more of the nine capacities listed in the
vendors guarantee exceeds the total steam
consumption listed above for that particular capacity,
the vendor will pay the purchaser or allow a deduction
to be made from the purchase price, not as a penalty
but as liquidated damages at rates in accordance with
the following schedule:
Condition A, $14.30; Condition B, $7.75; Condition C,
$3.00; Condition D, $1.25; Condition E, $1.05;
Condition F, $0.40; Condition G, $0.30; Condition H
and I, none; per pound of excess steam consumption
for such excess team consumption or the vendor will
be required to make replacements to effect the steam
consumption specified at the purchaser’s option.
(k) FITTINGS: Main forced draft blowers to be
furnished complete and including with each unit:
One (1) master nozzle control valve
One (1) steam strainer
One (1) set drain valves as required
One (1) speed limiting governor
One (1) oil pressure or tachometer gage.
One (1) thermometer for lub. oil reservoir
temperature
458
One (1) oil level gauge for lub. oil reservoir
One (1) revolution indicator
One (1) lubricating oil strainer
One (1) turbine casing relief valve, nominal size
equal to nominal size of turbines steam inlet.
One (1) set lifting eyes, on all parts as required.
One (1) oil cooler.
One (1) vibrating reed hand tachometer
Control Gear: There shall be furnished with
each pair of blowers ‒
Five (5) Single mitre gears complete including
stub shaft, pins and collars.
One (1) Triple mitre gear complete including
stub shaft, pins and collars.
One (1) Indicator, bracket and handwheel
complete.
Two (2) Stuffing boxes complete.
All other required fittings and attachments will be
furnished by the purchaser, including turbine heat
insulation and layering.
(l) SPARE PARTS: Spare parts are to be furnished
for each ship in accordance with requirements of
Bureau of Engineering General Specifications for
Machinery, Subsections S53-1, S50-11 and S31-1 and
as approved. The spare part are to be listed on these
plans. After approval of Type B plans, the approved
list of spare parts will be incorporated as a supplement
to this requisition. Size, number and content of the
spare part boxes shall be identical for the two vessels.
459
1. DECLARATION OF BARRY L. CASTLEMAN
I, Barry L. Castleman, declare the following under
penalty of perjury:
1. I live at 4406 Oxford Rd., Garrett Park,
Maryland, 20896.
My education consists of a
Bachelor’s Degree in Chemical Engineering from
Johns Hopkins University 1968. I have a Master’s
Degree in Environmental Engineering, which was
mainly in areas related to air pollution control from
Johns Hopkins University, 1972. I have a Doctor of
Science Degree in Health Policy from Johns Hopkins
School of Hygiene and Public Health, 1985.
2. My professional experience goes back over 30
years in the area of asbestos and other occupational
and environmental health problems. My field is
occupational and environmental health policy, which
is a branch of Public Health, mainly oriented towards
the recognition of risk factors and the prevention of
disease from industrial activities.
3. The Doctoral degree was awarded for two years
of course work, various examinations, and the writing
of a doctoral dissertation. The course work was mainly
in the areas of toxicology, epidemiology, biostatistics,
physiology, and public health policy. These are the
tools that are used to understand how the body works
and can be damaged by toxic substances, how these
effects can be identified by means of various studies of
people, studies of animals experimentally exposed and
so on.
4. My Doctoral thesis was, Asbestos: An Historical
Case Study of Corporate Response to an Industrial
Health Hazard, and is largely identical to a book
published in 1984 by Prentice Hall. Law and Business
460
call Asbestos: Medical and Legal Aspects (now in its
5th Edition, 2005). The doctoral thesis is an historical
review of the asbestos problem as a public health
problem in society worldwide, but mainly in the
United States. It encompasses a comprehensive
review of medical literature of all kinds, as well as
other literature available in libraries and published
sources such as government publications, safety
magazines, engineering journals, trade magazines,
insurance publications, encyclopedias, popular
magazines, and newspapers. The doctoral thesis also
involved research based on unpublished government
records. The government records included workers’
compensation claims files where claims had been
made by individuals alleging that they had asbestosrelated diseases of the lungs, claims against various
companies that were their employers, some of which
companies were also manufacturers of asbestos
insulation products these individuals has used in the
course of their work.
5. In addition to published information of all
kinds, I examined files, unpublished information
available from the U.S. government archives, the
archives of scientists and the archives of institutions
that had worked for and with asbestos companies. I
also looked at unpublished information which was
obtained in legal discovery. This included trade
association minutes, corporate documents, and
testimony of corporate officials who were associated
with asbestos hazards over the years – doctors, plant
managers, executives, and other people who were
aware of events that transpired.
6. In addition to published information and
corporate knowledge that came out of mainly legal
461
discovery, I have also interviewed many elder
statesmen in the field of industrial medicine and
hygiene. They included physicians who were active in
the field of occupational medicine, such as Harold
Stewart, who first published on asbestosis in 1931,
and Alfred Angrist, who first published on asbestos
and lung cancer in 1942. They are both pathologists.
Another, Dr. Wilhelm Hueper, was a leading United
States authority in the field of occupational cancer and
first director of the environmental cancer section of the
National Cancer Institute. Dr. Irving J. Selikoff was
the leading epidemiologist and asbestos authority in
the US. Dr. Hueper, Dr. Harriet Hardy, Dr. Thomas
Mancuso, Dr. Gerrit Schepera, Dr. Richard Doll, Dr.
Morris Greenberg, and others I have interviewed were
involved in the area of asbestos and health over the
past decades.
7. My textbook Asbestos: Medical and Legal
Aspects (5th ed.) contains a section on 38 companies
and/or industry groups that were involved with the
manufacture, sale or use of asbestos-containing
materials. I have reviewed industry documents and
testimony regarding all of these entities as well as may
additional companies involved in the asbestos
industry. I have never seen any document that
discusses or suggests that the United States military
prohibited any manufacturer or Seller from warning
about asbestos or that the United States military
interfered, in any way, with a company’s decision
regarding whether to issue such warnings.
8. I have also studied and written about the
historical uses of asbestos warnings on products and
in product manuals. Once companies began to issue
asbestos warnings to product users, there is no
462
evidence that the United States military required the
removal or alteration of such warnings for products
sold to the military. In 1964, Johns-Manville (“J-M”)
was among the first companies to provide warnings
with its asbestos-containing products, namely its
asbestos insulation. During and after this time frame,
J-M sold asbestos insulation to the United States
military. In any extensive review of J-M documents,
which have included visits to the J-M archives in
Denver, Colorado, I have never seen any evidence that
J-M removed or altered the warning labels that
appeared on its asbestos insulation for sales to the
United States military. Nor have I seen any evidence
that the United States military ever requested that JM or any other company do so.
I declare under penalty of perjury that the foregoing
is true and correct.
July 18, 2008.
s/ Barry L. Castleman
Barry L. Castleman
463
HENRY HARTZ
***
Page 10
A. I finished high school in Trenton, New Jersey. I
went on to college at Lehigh University in Bethlehem,
Pennsylvania. I left with my graduating class. I did
not graduate in 1959. I was employed at that time by
DeLaval, as I stated earlier, and I left there for
military service in February of 1960. I was discharged
in 1964 and went back to work for DeLaval. So I
retained my employment rights there.
Q. Okay.
A. And I worked for them since, 44 years.
Q. When you started at Lehigh, what was your
major or —
A. Mechanical engineering.
Q And for the benefit of the ladies and gentlemen
of the jury, can you tell us what a mechanical engineer,
what sort of things do y’all study in college?
A. Interesting question. All engineering-related
courses relative to products mechanical engineers
would study.
It could be automotive, could be
structural, which is usually civil, but things of that
nature.
Q. Did you have at that time a direction that you
wanted to — how you wanted to use your ME degree?
A. At that time, no. My intent was basically to
finish. And actually what I ended up doing is I
finalized my education while I was working for
DeLaval.
***
464
Page 84
was not something we provided with the pump at that
time. You don’t want the emergency packing in the
pump if the seal is functioning properly.
Q. Can you tell us what packing is, what we’re
talking about?
A. Packing — the packing that I’m familiar with
was generally a stack of what are called rings, packing
rings that were alternate hard and soft rings. So you
had five rings of packing that made up a set. The outer
ring on both ends was a hard ring, which is like a wire
mesh or some sort of a mesh type thing, and the inner
the center ring was also this hard thing, and it was the
soft rings that were in the middle that probably: that
contained some of the asbestos fibers in the structure
of the packing.
Q. Okay. And up until what year was the packing
used routinely in the pumps?
A. Like I said, when I started in 1964, my
recollection was mechanical seals, so I don’t know
when we stopped prior to that.
Q. Okay. And at that time in ‘64, were there some
types of pumps or uses for pumps where packing was
still preferred over mechanical seals?
A. Yes, there were some.
Q. Okay. And what were those?
Page 85
A. Those were in applications where you had
heavy fuel or Bunker C oil, Number 6 oil. You were
pumping a heavy viscose fluid. Mechanical seals were
not good that type of application.
465
Q. Okay. Have mechanical seals in the design and
engineering of those caught up now where mechanical
seals can be used for all applications?
A. To my knowledge, they have been, yes.
MR. RUNYAN: Okay. The videographer
needs to change the tape, so why don’t we — I guess
we can break for lunch now, if y’all want to, to get a
jump on the crowd. We can go off the record.
VIDEOGRAPHER: We’re off the record
at 11:35 a.m.
(Recess from 11:35 a.m. to 12:43 p.m.)
VIDEOGRAPHER: We’re on the record
at 12:43 p.m.
Q. Sir, are you ready to continue?
A. Yes, I am.
Q. Great. And again, any time you need to take a
break, just let us know and we will be happy to do so.
We had left off talking a little bit, gotten into
the asbestos products or component parts that
DeLaval may have used in their pumps. And we had
talked about packing a little bit, and then I think
where we just
Page 86
left off, we were talking about mechanical seals having
replaced packing.
A. Right.
Q. With respect to the packing, you had said, I
believe, that there are some uses even after you were
there where there were — packing was still better
than mechanical seals, and then now the engineering
466
has caught up where mechanical seals can be used in
almost all applications?
A. That’s correct.
Q. With respect to the packing that was used, do
you know when the last time was that any asbestos
would have been contained in the packing with respect
to the DeLaval pumps?
A. I believe that occurred in early ‘70s.
Q. And what do you base that belief upon?
A. When the notice became pretty widespread
throughout the country, I guess, asbestos was
definitely a potential problem.
Q. So you believe the early ‘70s was the last time
any packing that contained asbestos would have been
used?
A. That’s my understanding.
Q. I think you have touched on it, but in case you
haven’t, can you tell me in the best laymen’s terms
that
***
Page 90
as part of their maintenance schedule is to go in and
replace the packing in the pumps, or how would they
— when would they come in?
A. Seals or packing?
Q. I’m sorry, packing.
A. Packing. They may set up a procedure where
they had fixed maintenance schedules, but I think
over the course of time, the Navy has learned that if
it’s still working, don’t mess with it, in laymen terms.
467
Q. Okay.
A. In other words, if it’s — you know, if you’re not
having a problem with it, even though it’s a fixed
maintenance time for other equipment or you have
access·to it and if you’re not having trouble with that,
leave it alone, as long as it’s functioning properly and
the system works properly.
Q. Did DeLaval ever give recommendations with
respect to the maintenance schedule or replacement
schedule that should be used for the packing?
A. Not to my knowledge .
Q. Where would we find that if they did?
A. If it’s in some of the old tech manuals, that
might be available.
Q. And were tech manuals — was that — I’m
assuming that’s an abbreviation for technical
manuals?
Page 91
A. That’s correct. Sorry.
Q. Were they being supplied as what the ladies and
gentlemen of the jury might refer to as a users manual
type?
A. Yes.
Q. Okay. And that would be supplied with every
pump?
A. In general on commercial, yes, you would get a
technical manual, standard technical manual with
every pump, that’s correct.
Q. Let’s discuss a little bit now the gaskets that
may have been used with respect to the DeLaval
pumps. How were gaskets utilized in their pumps?
468
A. Their face seals where end covers comes
together with a pump case where you’re going to seal
so that the product stays within the pump itself. In
general, depending on the application, you will use
plant fiber.
Q. And for the benefit of the ladies and gentlemen
of the jury, can you describe what a gasket is and why
it is used in your best laymen’s terms, please?
A. If you don’t use a gasket, if you have two metal
surfaces that come up face to face, typically it’s
uncommon to have them perfectly flat. If you had
them perfectly flat, you could probably eliminate the
gasket. But because of operating temperatures,
changes in
Page 92
temperature when you go from an ambient condition
to a normal operating condition, which is typically
elevated temperatures above ambient, it causes for
expansion of components and parts. So you can have
separation at the faces. The gaskets allow you to get
past that point as a link path. They prevent the
leakage from occurring.
When you install the units, you bolt them up
with a predetermined torque so that during operation
conditions they won’t leak during normal operating
conditions.
Q. How did DeLaval determine what the gasket
material should have been made out of?
A. It’s generally dictated by the application and
basically the least expensive component to buy that
would be available and still serve the job.
469
Q. And why would they have used one material
over another? Is there any particular reason?
A. Temperature — a high temperature application
could cause you to get into asbestos, which is better
resistant against heat.
Q. And would any part of your job duties have
concerned the use of one gasket over another?
A. As far as my job duties are concerned, no. That
was predetermined by engineering.
Q. Okay.
actual
Who would know more about those
***
470
***
Page 48
Q I’m going to ask you to turn to page 33 of that
deposition.
A
I thought you would.
Q Yes. And I’m going to have you read line 7
through line 14 .
A
Okay.
“Q
What did Mr. Bouchard tell you about his
experiences?
“A
I don’t have an answer for that. I just
don’t remember that he had any specific comments
relative to that. He just — he just said that there
was an ongoing study or an ongoing evaluation or
seeking of information to determine how asbestos
may have been used in our products.
Q
And you can stop there.
A
All right.
Q
So — strike that.
And you’ve never looked at specific documents
regarding DeLaval’s use of asbestos; you just have a
general knowledge regarding Delaval’s use of asbestos
in their products, correct?
A
That’s correct.
Q Other than the asbestos gaskets and asbestos
packing used on some of the equipment, isn’t it also
true
Page 49
that some of the customers at DeLaval would apply
asbestos to the DeLaval equipment after they received
471
it?
A
Are you talking about pumps?
Q
I’m talking about any DeLaval equipment?
A It’s my understanding that turbine division
made provisions for asbestos blankets, that’s my
understanding, which was applied by the shipyard.
Q And DeLaval knew that that was going to occur.
In other words, that the shipyard would apply that
asbestos insulation on the outside of their DeLaval
equipment?
A
Yes, sir.
Q Do you have an idea of organizations or the
technical societies in which DeLaval has been a
member?
A Specifically, no. I’m sure there’s a lot of them,
though, because they’ve been around for a long time
and they’ve been associated with the Navy for a long
time when they were in business.
Q Is it your opinion that DeLaval is involved in
most of the major technical societies?
A
I would hazard a guess to that, yes.
Q Is it your opinion that they’ve been member of
the American Petroleum Institute for a long time?
A
I suspect that they have been.
Q Do you know if DeLaval was a member of the
American Petroleum Institute when you began with
the
***
472
JOHN B. DeVRIES
***
Page 110
MR. REICH: Objection. You can answer.
THE WITNESS: Yes.
BY MR. STOKES:
Q. Is it your understanding that any material or
product that went aboard the USS TURNER was
determined by the U.S. Navy?
MR. REICH:
answer
Object.
Go ahead.
You can
THE WITNESS: Yes.
BY MR. STOKES:
Q. And that the U.S. Navy specified the use of any
materials used aboard that ship; is that right?
A. Specified and procured.
Q. And nothing could go aboard that ship without
the allowance of the U.S. Navy; is that right?
A. Yes.
Q. Were you ever present aboard the ship when it
underwent any overhauls?
A. Yes.
Q. And it's my understanding when a ship
undergoes overhauls it goes into a shipyard;
***
473
Kraft - Bullock – 3/15/06
***
Page 74
would be helpful if we go over them now then later
when your attorney might ask about it.
So with that in mind, was there a particular type of
motor that you all used generally unless spec’d out
differently or did you all use whatever the customer
spec’d out?
A. The answer is, in essence, all of the above. It
could be what the customer required. It could be just
a particular motor manufacturer that we were using
at the time that could have easily switched to
somebody else. There is no one good reason. I mean
the customer might have had a specific requirement
on the motor that only this certain manufacturer could
comply with, so we had to go that way, so it’s no one
particular reason.
Q. Would your answer be the same as regards
closed coupled pumps?
A. Yes.
Q. Okay. So, I guess sort of just in summary to sort
of help me understand better, if I understand your
testimony correctly, what motor was used could
depend on a number of factors, including what the
customer requested, what the customer
474
Page 75
needed, what the customer had and what you all may
have been using at the time depending on other
factors?
A. Well —
MR. SHAFFER: Object. Let me object as to
form. With respect to any particular order or as the
types of orders they fill?
MR. BULLOCK: Just generally. Yeah. Just
generally.
MR. SHAFFER:
Okay.
clarification, you can answer.
Subject to that
THE WITNESS: The only thing I would add to
that, or what the manufacturers could actually supply
to us.
BY MR. BULLOCK:
Q. Gotcha.
Now, as I understand it, centrifugal pumps or let me
— let me keep them broken down so that we’re being
— being specific. On a closed coupled system, when a
pump is completed by Buffalo Pumps and is prepared
to be shipped to the end user, to the customer who’s
purchasing it, is the pump always shipped assembled,
completely assembled?
Page 76
A. Yes, it is.
Q. Okay. At the time that it is shipped in a closed
coupled system, how many different gaskets would
have been installed on that particular pump?
A. It depended if it was a packed pump or – or
you’re talking gaskets?
475
Q. Gaskets only.
A. Well, it still depended if it was a packed pump
or a mechanical sealed pump.
Q. Okay. In a — in a packed pump, how many
would it have?
A. One.
Q. Now, that’s true for all closed coupled packed
pumps, centrifugal pumps, between 1950 and 1992, to
best of your knowledge?
A. To the best of my knowledge, yes.
Q. Okay. If it was a mechanical seal, closed
coupled pump, how many gaskets would it have on it?
A. Two.
Q. Now, as to a closed coupled packing pump that
has one gasket, where would that gasket
Page 77
be?
A. It would be between the casing cover and casing
joint.
Q. Okay. As to mechanical seal pump that had two
gaskets, where would gasketing be?
A. Well, the first one again would be between the
casing cover and casing joint. The second one would
be at the mechanical seal gland and the casing.
Q. Now, other than a specific request or – or let me
preface it this way: Between 1950 and 1992, other
than a specific request from a customer to use a gasket
that did not contain asbestos — let me back that up.
Was there a period of time between 1950 and 1992
that other than a request from a customer not to use
476
asbestos-containing material that asbestos-containing
gaskets were used in the manufacture of closed
coupled pumps?
MR. SHAFFER: I’ll object to the form of that
question.
BY MR. BULLOCK:
Q. Do you understand the question?
Page 78
A. No, I do not.
Q. Okay. During the period 1950 to 1992, was
asbestos gasketing used in closed coupled pumps that
were manufactured by Buffalo Pumps?
A. Yes, they were, pursuant to specifications and
other information that was supplied to us by
customers.
Q. Is your testimony that it was only placed there
as a requirement of specifications of customers?
A. No, it is not.
Q. Okay. If a customer did not specify – let me –
let me try to keep this as clean as possible.
I understand at some point Buffalo Pumps stopped
putting asbestos gasketing in their pumps unless
specifically requested by a customer, is that correct?
A. There was one instance of that.
Q. Okay. But there was a point at which Buffalo
Pumps on their own stopped using asbestos gasketing
subject to a request from a customer?
MR. SHAFFER: Objection to the form.
477
Page 79
Misstates – assumes facts not in evidence, misstates
the testimony. You can answer.
THE WITNESS: No. Buffalo Pumps – and this
is from what all these documents show you here –
began the change-out of asbestos gaskets and packing
in the early 1980s.
BY MR. BULLOCK:
Q. Okay.
A. It was not a specific customer request or
anything like that.
Q. Yeah. Okay. I’m not — that’s not what I was
trying to get at. What I’m trying to say is there was a
point at which asbestos gasketing was being used and
then there was a point at which it was not being used,
correct?
A. That is correct.
Q. Okay. Do you recall the year or the year range
in which asbestos gasketing was phased out by Buffalo
Pumps on closed coupled pumps?
A. Well, this would, also, hold true to double
suction, so I don’t –
Q. Okay. Good. All right.
A. But it began – in the early ’80s is
Page 80
when we began to phase – or the change-out.
Q. Do you recall when at what point the changeout would have been completed?
A. It was around 1985. And that reason it took to
that time was because of the United States Navy.
478
They wouldn’t allow us to replace some of the asbestos
gaskets and packing that we wanted to use.
Q. Was the decision to stop using asbestos
gasketing made at the same time as the decision to
stop using asbestos packing?
A. The decision to start the change-out was in that
same time period, yes.
Q. Okay. Now, other than product for the U.S.
Navy, was there a period of time earlier than 1985 at
which you had competed for non-Naval requests of
pumps?
A. It was during that same time period. I don’t
remember the specific date.
Q. Other than Naval specifications that required
asbestos gasketing and/or asbestos-packing, were
there any other considerations that caused the period
of time to be so long?
Page 81
MR. SHAFFER: Objection to the form.
MR. BULLOCK:
If you understand the
question, please answer it.
MR. SHAFFER: Object to the characterization.
THE WITNESS: Yes. There were not direct
replacements for the gasket. The industry – the
packing and the gasketing manufactures had not
given us suitable replacements for that. And then it
took a few years for them to come up with those
replacements.
BY MR. BULLOCK:
Q. So the persons providing – the companies
providing the gasketing material for you were
479
responding to a request from Buffalo Pumps to change
the material?
A. That was part of it. It was becoming, less
available, and they were in the process of changing –
Q. Excuse me.
A. – of coming up with those replacements.
Q. Do you know whether Buffalo Pumps
***
480
AFFIDAVIT
Arthur Faherty being duly sworn upon his oath
deposes and says:
1. I have been employed for many years in the
fields of U.S. Navy equipment, and in the applications
of U.S. Navy requirements under .military
specifications, usually referred to as mil specs and
issuances of the Secretary of the Navy and his
designees and assignees and subordinates.
2. A copy of my CV is attached hereto and
incorporated herein by reference as Exhibit A.
3. I am acquainted with the records and
documents and deposition testimony concerning
Plaintiff's exposure to asbestos in the Navy as well as
the affidavits and/or reports of Dr. Betts and Admirals
Lehman and Sargent and Captains .Lowell and Moore
and David Hobson and. the letter of Drinker on which
removal was based.
4. I have considerable experience in the
interpretation of military and Navy documents.
5. I am aware of the Navy specification for the
equipment for World War II era ships and later,
known as general specification for Machinery Sub S 11 page 2.
6. These specifications required warnings and
safety precautions.
7. I am aware of the Specifications for Shipyard
Contracts.
8. The 1936 specifications required taking of
precautions and warnings.
9. I am familiar with MIL-M-15071D which was
the military specification and its predecessors
including 15071A-C and the specifications referenced
in paragraph 5 of that document, MIL-M-15071A-D
481
are roughly the same and involve similar
requirements.
10. 15071 states that the intent of the Navy was to
accept the usual commercial manual when roughly
equivalent to the overall requirements of the Navy.
11. Mil Spec 15071-D was later succeeded by MIL15071E.
12. 15071D requires submission of the manual to
the Bureau of Ships which would then adopt the
manual as a Navy document.
13. 15071D requires manuals to contain safety
precautions (section 3.1.9. ).
14. 15071D requires that all manuals must contain
notes, cautions and warnings to emphasize critical
instructions. (Section 3.3.6)
15. included was the definition of the term
"warning" which is defined by the Navy as operating
procedures and practices which will result in personal
injury or loss of life if not correctly followed. (Section
3.3.6 (c))
16. 15071D section 3.1.7 requires instructions to
include precautions.
17. I am also familiar with Department of Navy Sec
Nav 62603.5 later Sec. NAV 5700.5 dates 1956.
18. This document is also known as Uniform.
Labeling Program for Hazardous Industrial
Chemicals and Materials, hereafter Uniform Labeling
Program and was in place when the Plaintiff entered
the Navy.
19. The Uniform Labeling Program was designed to
standardize labeling requirements for hazardous
products and provide labels to contain pertinent
information to warn users of potential dangers.
482
20. The Uniform Labeling Program applied to
Labeling of all hazardous materials throughout the
Navy.
21. The Uniform Labeling Program was not
designed to govern the type of warning labels.
22. The Navy stated that the type of labels were to
be governed by state and federal laws and regulations.
23. The Uniform Labeling Program noted that
development of new products makes it mandatory that
precautions should be taken including warning labels.
(Section 3).
24. For poisons, a skull and cross bones was to be
affixed.
25. Poison is defined as a substance with an
inherent property that tends to destroy life or impair
health. Asbestos is essentially a poison.
26. Paragraph LC of enclosure (3) defines a Class
III toxic hazard as any industrial or military material
which may be give off a. harmful, vapor, dust, fume or
mist during handling or operation. The injuries effect
may arise front one exposure (acute) or repeated
exposures over a prolonged period (chronic). The mode
of entry into the body maybe by ingestion, inhalation
or absorption through the skins.
27. Paragraph 2.a of the Uniform Labeling
Program. refers to the Warning Labeling Guide
published
by
the
Manufacturing
Chemists
Association.
28. This Guide, first published in 1946, requires
precautionary labels for harmful dust. The reference
to the guide shows the Navy's constant concern for
warnings of hazards like asbestos.
29. The only conclusion that can be drawn is that
espoused by Captains Lowell and Moore whose
483
affidavits and essential conclusions I agree with based
on my many years of experience with the Navy and
ships. These are attached as Exhibit D and E.
30. This conclusion is that by the time Plaintiff
began his Navy service on the Chilton the Navy
required warnings of the hazards of asbestos in
equipment for ships and that all claims that the Navy
would have barred or prevented warning labels are
untrue.
31. It is clear from these documents that the Navy
wanted the warnings to reach Navy personal such as
Plaintiff.
32. The Navy required manufacturers not only to
warn on the products but to supply manuals
containing warnings to each ship and precautions for
use of the product
33. Thus, when defendants sold products for use on
ships that lacked warnings that met state and federal
standards and/or the standards of the Manufacturing
Chemists or the American Conference of Government
and Industrial Hygienists this was in violation of
specific Navy directions and requirements.
34. Rather than barring warnings, the Navy
encouraged warnings, and the failure to warn of the
hazards of asbestos violates Navy requirements.
35. The failure to include warnings and safety
precautions in their manuals of their equipment
violates specific Navy requirements,
36. The claim that the Navy would have barred
warnings is thus false and without basis.
37. Some of the defense experts suggest that
because the Navy manuals contain no warnings the
Navy believed asbestos to be safe.
484
38. The fact that there is no discussion of asbestos
hazards in Navy documents suggest the Navy did not
know of asbestos hazards.
39. Asbestos was generally required on all high
heat applications.
40. In many cases the suppliers of such equipment
usually supplied asbestos product with/on/in their
equipment.
41. Suppliers of equipment to the Navy were
engaged by the Navy to participate in renovation and
overhaul of their own equipment, or that of others,
including asbestos containing parts in shipyard
repairs.
42. Suppliers of equipment frequently supplied
replacement asbestos or disturbed previously supplied
asbestos as part of their activities on ships.
43. I expect to testify, at trial, on what the Navy
archive records show about equipment supplied to the
vessel, or vessels at issue and what the records show
as individual defendants supplying original or
replacement asbestos containing equipment or
disturbing asbestos.
44. Generally, if a company supplied asbestos with
its equipment, some of that asbestos was always
present unless the record shows that the asbestos
installed by the defendants was entirely removed.
45. The removal of the entire initial asbestos never
occurred.
46. I cannot comment, in this affidavit, as to
defendants whose material I have not yet examined,
but will supplement my testimony at trial by reliance
on the documents from the archives.
47. I am also prepared to discuss the use of asbestos
on Navy ships.
485
/s/ Arthur Faherty
Arthur Faherty
Sworn to and subscribed
Before me this 14th day of
June, 2013
/s/ N.S. BAE
NOTARY PUBLIC
N.S. BAE
486
IN THE COURT OF COMMON
PLEASPHILADELPHIA COUNTY,
PENNSYLVANIA
KENNETH E. McAFEE : OCTOBER TERM,
and SHIRLEY McAFEE, : 2013
h/w
:
:
vs.
:
20th CENTURY GLOVE
:
CORPORATION OF
:
TEXAS
:
a/k/a Guard Line, Inc.,
:
NO. 205
et al.
:
-
-
-
THURSDAY, OCTOBER 24, 2013
VOLUME I
-
-
-
Oral deposition of KENNETH E. McAFEE, was
held at Courtyard Glassboro-Rowan University, 325
Rowan
Boulevard,
Glassboro,
New
Jersey,
commencing at 10:30 a.m., on the above date, before
Deborah A. Brazukas, a Registered Professional
Reporter, Certified Shorthand Reporter of New Jersey,
License No. XI 01938, and Notary Public.
MAGNA LEGAL SERVICES
(866) 624-6221
www.MagnaLS.com
487
***
Page 34
from — where did you graduate from high school?
A. Fort Worth, Texas.
Q. And what years?
A. 1967.
Q. Okay. Did you go to college right after that?
A. Yes.
Q. Okay. And what — what college did you attend?
A. Tarrant County Community College.
Q. And did you complete any degree?
A. No.
Q. Okay. What was your course work? What were
you focusing on?
A. General studies.
Q. General studies, okay. Were you full-time?
A. Yes.
Q. And at some point you entered the U.S. Navy?
A. Yes.
Q. Okay. What year did you enter the U.S. Navy?
Page 35
A. 1969.
Q. So from — from high school, you went to college
for a couple years, and then you entered the Navy after
that?
A. Yes.
Q. Okay. Were you drafted or did you — did you
enlist?
488
A. Well, I actually had a draft notice, but I
enlisted.
Q. Okay. Where did you go for basic training, sir?
A. Orlando, Florida.
Q. And how long was basic training?
A. Eight weeks.
Q. And where — what was your next station —
where were you stationed next after basic training?
A. Newport, Rhode Island.
Q. And what were you doing in Newport, Rhode
Island?
A. I was aboard a ship.
Q. So you went right from basic right onto —
onboard ship?
A. Yes.
Page 36
Q. Okay. And what ship were you assigned to, sir?
A. USS Voge.
Q. V-O-G-E?
A. Yes.
Q. What kind of ship is the USS Voge?
A. At that time, it was classified as a destroyer
escort. Classification changed in later years to a fast
frigate.
Q. Was — did at this time change while you were
on the ship?
A. No.
Q. How long were you aboard the USS Voge?
A. From ‘69 to ‘71.
489
Q. Did you have any specialization aboard ship?
What was your — what were your job duties on the
ship?
A. At that time, I was a — I went aboard as an E2.
And it’s basically, ship maintenance.
Q. And what was your title? Were you a bosun?
Page 37
A. Seaman apprentice at that time.
Q. Okay. So you would have been on — was it
about — well, what year or what month did you get
onboard ship, if you remember, or what — what time
of the year, what season was it?
A. It was in the summer, July, I believe.
Q. July.
How long were you — do you know what month
you left the ship?
A. No. I really don’t.
Q. Okay. So would it have been about — about two
years you were onboard the ship?
A. Just about. Just about.
Q. Okay. When you say you performed ship —
were you a — I thought I saw a BM2. Is that a boats
—
A. Yes.
Q. — boatswain?
A. Boatswain’s mate, yes.
Q. Boatswain’s mate?
A. Yeah.
490
Page 38
Q. Did you have a primary location where you were
stationed to perform your duties onboard the ship?
A. No. It was throughout the ship, maintenance
throughout the ship.
Q. Okay. So what kind of maintenance were you
doing onboard the ship?
A. Painting, chipping paint, repairing rust spots,
general cleaning, maintaining the anchor system. We
also at that time were standing watches on the bridge,
steering the ship at sea, standing lookout watches.
Q. Is this all above deck?
A. Some below deck.
Q. Okay. Where were you below deck?
A. As low as the forward anchor, anchor chain
locker, which is the very bottom of the ship, and as far
aft as the after steering compartment.
Q. Okay. Did you ever have any duties in any of
the engineering spaces aboard the ship?
A. Not at that time.
Page 39
Q. Okay. So in 1969, sir, was there — how often
would you be below deck versus up above deck, if you
can estimate?
A. Probably half and half.
Q. Do you know the USS Voge, do you know when
that — do you know when it was constructed?
A. No, sir.
Q. Do you know if it was used during — was it a
World War II ship?
491
A. No, it was not World War II, I know that.
Q. Okay. Were there — when you were below deck,
were there insulation on pipes running through the
ship?
A. Yes.
Q. Okay. Did you ever have to work with any of
that?
A. No.
Q. Were you ever below deck when the ship was on
a training exercise or anything like that?
A. Yes.
Q. Okay. What kind of guns did the
Page 40
ship have?
A. That ship had five-inch 38s, and ASROC.
Q. I’m not familiar. What’s an ASROC?
A. Anti-submarine rockets.
Q. Okay. Thank you.
When those guns were fired, did that — the
whole ship shake?
A. Yes.
Q. How about when the ASRAC —
A. ASROC.
Q. — ASROC was fired — sorry. You can tell I
never served in the Navy — did that cause any
vibrations in the ship?
A. It caused some, but not as much as the guns.
492
Q. How often were you aboard that ship for that
almost two years you were there where you were below
deck and the guns were fired?
A. When the guns were fired, I was below deck all
of the time, except for when I got reassigned to one of
the gun mounts. And
Page 41
the latter part of my career onboard that ship, I was
assigned to the forward gun, five inch 38. So I wasn’t
below deck then. I was on deck in the gun mount.
Q. Okay. So almost the — in the almost two years
you spent there, how much time would you have been
assigned to the gun mount versus below deck? Was it
half and half or —
A. No.
Q. — more below deck?
A. Doing — for the gun mount time, I was only —
only probably six months out of the time I was there I
was in the gun mount. The rest of the time I was below
deck when we fired the guns.
Q. Okay. When — when the guns were fired and
you were below deck, that — you’d see dust and that
sort of thing come off the ship and off the pipe covering
and off the different pieces of equipment that were
down below?
A. Yes.
Q. Would you have breathed that
***
Page 46
A. Guard.
493
Q. Guard?
A. Guard.
Q. G —
A. G-U-A-R-D.
Q. Did the tag say anything other than Guard and
asbestos?
A. It had the — where it was made. A series of
numbers too. I couldn’t remember the numbers.
Q. Okay. Fair enough.
How long would a pair of gloves last?
A. I have no idea. I know they lasted the whole
time I was aboard.
Q. Okay. Were these gloves dusty at all?
A. Yes.
Q. How — how would you — how would they create
dust?
A. You — it would create dust when you put them
on, and even when you take them off it would create
dust. When you simulate opening a hatch, you had to
use those gloves
Page 47
to open that hatch so you wouldn’t get burned. And the
minute you touch it, you know, touch that handle and
start operating, dust would come off of it.
Q. Okay. Other than possibly the insulation
onboard the ship and the gloves, do you believe you
had any other exposure to asbestos aboard the USS
Voge?
A. Not that I know of.
494
Q. What was the next ship you were assigned to,
sir?
A. I went from the Voge to the USS Davis.
Q. And that was in ‘71?
A. Uh-huh.
Q. And —
A. Yes.
Q. Sorry.
A. Yes, sir.
Q. And how long were you aboard the Davis?
A. Approximately two years.
Q. So until about ‘73?
A. Well, actually, it was less than
Page 48
that. It was actually — I left — I left the Davis in ‘72.
Q. Okay. And what kind of ship is the USS Davis?
A. It’s a destroyer.
Q. And what was your title aboard the USS Davis?
A. I was a BM2 then, boatswain’s mate.
Q. Okay. Did you have the same general duties as
you had aboard the USS Voge?
A. With the exception of in a supervisory position
at that time.
Q. Okay.
A. And was added to — to the job title as a rigger.
We did a lot of rigging aboard the ship.
Q. Can I — I’m sorry, Mr. McAfee —
A. McAfee.
495
Q. — sorry, let me back up a step. I just thought
of something about the USS Voge.
While you were aboard the USS
Page 49
Voge — and I’ll try and let you know when I’m
switching gears — did the ship ever go into dry dock
for any overhauls?
A. Not while I was aboard, no.
Q. Okay. Back to the Davis.
A. Okay.
Q. So your duties were similar, except that you
were — you’re more supervising other younger sailors?
A. Yes.
Q. Okay.
So you would have done general
cleaning, maintaining the anchor, you stood watch,
were steering the ship, all those sorts of duties?
A. Yes.
Q. Again, were most of those above deck?
A. The rigging part —
Q. Well, let me rephrase that. I apologize.
Were at least half of those above deck?
A. Yes.
Q. Okay. I apologize for – go
Page 50
ahead, the rigging part.
A. The rigging part, most of the rigging part was
done below deck.
Q. Okay. And what would you be rigging? Like —
496
A. If the engineers had to work on engines or
something, they would — and they had to remove a
part, we would have to go in and rig that part out of
its position for them to — to repair so they could do the
work on them.
Q. Okay.
So this would have been in the
engineering spaces?
A. Engineering spaces sometimes.
Q. Okay. How much of your work was rigging
versus the other work you did?
A. Probably the rigging was probably one third of
the — the work. Two-thirds was the other work.
Q. Okay. Is it fair to say that as a BM2, the nonrigging work would have — you would have not been
in — if that makes any sense. As a BM2, you would
have not been in the engineering spaces other than
when you
Page 51
were performing rigging work?
A. Yes.
Q. Okay. What kinds of equipment did you have to
help rig up to — to move?
A. Compressors,
electronics.
pumps,
gyros,
engines,
Q. And why would these pieces of equipment need
to be moved?
A. If they were doing repairs on them, it depends
on what they were taking out, you know. If they had
to be separated — if the engine had to be separated
from a pump, we had to rig — we had to rig it away
497
from that — had to rig the pump away from the engine
so they could repair it.
Q. Okay. If this — while this work was being done,
was the ship underway or was it in port?
A. Sometimes it was underway; sometimes we did
it in port. Depends on when it happened. If it
happened at sea, while we were at sea, then naturally,
we would do it while we were at sea if it had to be done,
if
Page 52
it was something that could not wait until we got back
in port.
Q. Okay. So if it was an emergency, you would do
it at sea; otherwise —
A. Yes.
Q. Sorry.
A. I’m sorry.
Q. No. It’s all right.
— otherwise you would wait until you got back
to port to do the repairs?
A. Yes.
Q. Do you — what kind of repairs were done on
these pieces of equipment, if you know?
A. Well, I know some of it was repacking impellers;
some was pulling the heads off of a diesel engine;
replacing gaskets; I know a couple of times, they were
replacing pistons.
Q. Okay. And how would it work, sir? Would you
go down there, rig the piece of equipment up, have it
498
moved, and then leave while the repairs were done and
then come back and put it back in place?
Page 53
A. It depends on how long it was going to take to
do the work. In some cases, we — we stayed because
the danger of where — the part that we rigged off, we
couldn’t stabilize it. We’d have to be there to stay and
make sure it didn’t get in the way of anybody else.
Q. Okay.
A. And in some cases, we could rig it off and place
it in a different place and then we could leave and then
come back.
Q. All right. Do you believe any of the work you
did as a rigger would have exposed you to any
asbestos?
A. Not aboard the Davis.
Q. Okay.
A. In other places, other — other ships it was.
Q. Later in your career?
A. Yes.
Q. Okay. We’ll get there.
Okay. The Davis, were you onboard that ship
when the guns were fired during exercises?
***
Page 58
A. Yes.
Q. And then sweep it up?
A. Yes.
499
Q. With just a brush and a — with a broom and a
— and a dust pan?
A. Yes.
Q. Okay. Was that a dusty process?
A. Yes.
Q. Okay. And were you present when this work
was done?
A. Yes.
Q. Okay. And did that happen pretty regularly?
A. Especially in Vietnam, yes.
Q. Okay. And you would have breathed that dust
when you were supervising the men?
A. Yes.
Q. How long was the Davis stationed in Vietnam?
A. The ship was actually there until I think it was
— I believe March or April of ‘73. However, I — I got
transferred in October of ‘72.
Page 59
Q. Okay.
So you left the Voge around
approximately July and you were aboard the Davis in
approximately October of ‘72?
A. I left the Davis.
Q. I’m sorry, right.
And you were aboard in approximately July of
‘71?
A. Yes.
Q. And it was over there in Vietnam the whole
time?
A. Yes.
500
Q. Okay. Where was the port? What was the home
port for the Davis?
A. Newport, Newport, Rhode Island also.
Q. Was — the time you were aboard the Davis, did
it undergo any overhauls?
A. We did minor overhauls, but we were not in dry
dock.
Q. Okay. Where was that overhaul?
A. In Boston Naval Shipyard.
Q. When you say a minor, what was done to the
ship?
A. They reconstructed the – the
Page 60
superstructure. It was a — the superstructure at one
time was — was open. The main deck was open all the
way up and down the superstructure. They enclosed
part of it all the way down to — from one part of the
superstructure all the way down on the main deck up
to the 01 level.
Q. Okay.
A. They enclosed all that area, so it was not
exposed to the weather like it used to be. They also
added the — the five-inch 54 guns and the ASROC and
re — and moved the torpedo tubes from the main deck
up to the O2 level. So we didn’t need to go in dry dock
to do that, but they...
Q. Was any work done in the engineering spaces
during this minor overhaul?
A. Not that I was involved in.
501
Q. Okay. Do you know if your — what was your —
did you have any role at all while the ship was being
overhauled?
A. Yes. We still had to do our normal routine. We
still had to maintain all
Page 61
the parts of the ship that we did. Our maintenance
work continued. When it went on, we still had to do
that.
Q. Okay. Were you involved in any rigging of any
of the equipment during the overhaul, or was that all
—
A. That — that was done by shipyard workers at
the time.
Q. Okay. So in October of ‘72, you leave the Davis
and you go to the USS Yosemite?
A. Yes.
Q. And what kind of ship is the USS Yosemite?
A. It’s a destroyer tender.
Q. And how long were you aboard that ship, sir?
A. Until October ‘74.
Q. So two full years?
A. Yes.
Q. And where was the home port for the Yosemite?
A. Mayport, Florida.
Q. Was that — was that ship
Page 62
involved in any combat?
A. No.
502
Q. Did you have similar duties aboard the
Yosemite as you had aboard the Davis?
A. Yes.
Q. Okay. So you were supervising younger sailors?
A. Yes.
Q. Okay. Did they perform the same duties you
previously described?
A. Yes.
Q. I’m trying to short circuit it.
Did you work as a rigger aboard the USS
Yosemite?
A. Yes.
Q. How much of your time was spent being a rigger
versus your other duties?
A. About the same, rigger, about one third.
Q. Okay. Do you believe any of your work as a
rigger would have exposed you to any asbestos?
A. Yes.
Page 63
Q. Okay. And can you tell me how?
A. Well, one instance I — I distinctly remember,
we were — we were rigging a small generator from its
— from its position. And we had to — the beam clamps
up, the chain fall rubbed up against some steam
piping, and it emitted dust. We believe that it was
asbestos.
Q. Okay. Was this below deck?
A. Yes.
503
Q. Okay. And just so I understand what you’re
saying, you were removing a generator, a smaller
generator?
A. Smaller.
Q. And some of the chaining you used to move the
— to rig the generator rubbed up against some steam
pipes?
A. Yes.
Q. Did that just brush up against it, or did it knock
the insulation off?
A. It actually rubbed a slot right in.
Q. Oh, okay.
A. Yes. And it ripped — ripped
Page 64
part of the lagging, opened it up.
Q. Okay.
A. To where it emitted dust.
Q. Okay. And how big an area were you in when
this happened?
A. It was actually a large area. It wasn’t confined,
the space — the part of the engine — we were in the
after part of the engine room, where we were.
Q. Were you — how close were you to the lagging
when it ripped open and the dust was emitted?
A. It was right above us.
Q. Okay.
A. Right above us.
Q. Did you have to clean up that pipe covering?
A. Yes.
504
Q. And, sir, when I say you, I mean did your crews
have to clean that up while you were present?
A. Yes.
Q. I’m sorry. I should be more specific.
Page 65
Did they use the — did your crews use foxtails
and dust pans?
A. Yes.
Q. And that made dust?
A. Yes.
Q. And you were present?
A. Yes.
Q. And you would breathe that dust?
A. Yes.
Q. All right. Do you know who made the pipe
covering? Do you remember any names of any of the
manufacturers of any of the pipe covering onboard any
of the ships you served on?
A. No, sir, I don’t.
Q. Okay. Other than that one instance involving
the pipe covering while you were rigging that small
generator, do you believe any other time you were
working as a rigger you were exposed to any asbestos?
A. Not aboard the Yosemite.
MR. PRESENT: Okay. Can we take a short
break now for a little bit?
MR. ADAMS: Sure.
***
505
Page 74
on your crew?
A. Sixteen.
Q. In October of ‘74, you moved to a different ship?
A. No. I went to recruiting duty.
Q. Oh, okay.
A. And left ashore. I was onshore.
Q. And how long were you involved in the
recruiting duty in Philadelphia?
A. Three years.
Q. So until approximately ‘77?
A. Yes.
Q. Do you know what month you ended the
recruiting duties?
A. Must have been October.
Q. Okay.
A. Of ‘77.
Q.
Okay. And were you living on — in base
housing at the time you were doing recruiting?
A. Part of the time I was. And — well, when I met
my wife, we moved out of base housing to Clayton.
Q. Okay. And we already talked
Page 75
about Clayton, I think.
A. Right.
Q. All right. Do you believe you had any exposure
to asbestos while you were performing your duties as
a recruiter from October of ‘74 through October of ‘77?
506
A. No.
Q. And then were you reassigned to a new ship in
October of ‘77?
A. No. We went — I went to Guantanamo Bay,
Cuba.
Q. And what were you doing in Guantanamo Bay,
Cuba?
A. I was a tug master.
Q. And what’s a tug master?
A. The skipper of a tugboat.
Q. Did you have any training for that?
A. Yes.
Q. Okay. Where did you do that training?
A. In Guantanamo Bay, Cuba.
Q. Okay. Was it basically on-the-job training?
Page 76
A. Yes.
Q. Okay. How long were you assigned as a tug
master at Guantanamo Bay?
A. The full-time I was there, from ‘77 to ‘80.
Q. Do you know what month in 1980?
A. I know I left in October of ‘80.
Q. Okay. So was it three full years?
A. Yes.
Q. And what were your duties as a tug master?
A. Well, I was responsible for assisting the
training — the ships that came down for training.
That’s a training base. When they came down for
training, assisting them to and from the docks and
507
maintaining that tugboat was my main thing. I had a
crew of eight people. And we had to do it all.
Q. Okay. Let me back up a step, so I understand.
The tugboat basically helps the ships get into port and
out of port?
A. Yes.
Q. Okay. So that’s what you meant
Page 77
by assisting in —
A. Right.
Q. All right. And it was you and eight people
aboard the ship?
A. Yes.
Q. What kind of — you said you had to maintain
the ship?
A. Yes.
Q. Okay. What kind of work did you have to do on
the tugboat?
A. Rigging. We had to actually help repair engines
or any — any component that went down aboard that
tug, we had to do it ourselves.
Q. Okay.
A. It was just eight people, one engineer. And so
we all had to do the work to do that. We also had to do
the regular cleanups, the regular maintenance of the
— of the rust or anything that broke, any engine parts
that broke, any repairs to the engines, to the
generators, to the pumps, to the brakes. We had to do
it all.
Q. Okay. Do you believe any of your
508
Page 78
work exposed you to any asbestos?
A. Yes.
Q. Okay. And how so, sir?
A. Well, when we — as I was explaining before, we
had to do all of the work.
Q. Okay.
A. The engineer — we were under the guidance of
the engineer that was there. But he explained to us
and showed us how to do things. For instance,
repacking the impeller that was leaking from a
freshwater pump. We had to — we had to take the old
packing out, put new packing in. The brakes on the
shaft, it had air — air brakes on that shaft. On the
tugboat, when you stop the engine, you don’t want it
to keep turning, you don’t want the propellers to keep
turning. So it’s equipped with an air brake. Air brakes
have to engage, and we have to work — make sure
those brakes work all the time. So we had to replace
the brakes. One time we replaced a piston. We
replaced generators, air compressors.
The air
compressors are the
Page 79
ones that would fill up the bags for the brakes and ran
the horn on the ship. We had to — we had to do all of
that work ourselves.
Q. Okay. Let me take them one at a time. Okay?
A. Okay. Sure.
Q. And I’ll ask you about each one.
When you say repacking the impeller, was that
the drive shaft for the ship, or is that for a pump or —
509
A. That’s for — for a freshwater pump.
Q. Okay. And what was the freshwater feeding
into?
A. Fresh — into supply on that — on that ship.
Q. For drinking water?
A. Yes.
Q. Okay.
A. For drinking water.
Q. So it was for potable water?
A. Yes.
Q. Okay. And how often do you have
Page 80
to repack that impeller? Was it a one-time occasion, or
did it happen more than once?
A. It happened more than once.
Q. Okay. How many times?
A. Not on the same freshwater pump, but probably
during the three years, I probably replaced packing in
that thing probably five times, you know, different —
different ones. We had two freshwater pumps onboard.
So it wasn’t the same one that went down all the time.
Q. Okay. Were those pumps ever replaced or was
it the same two pumps the entire time?
A. Same two pumps. We didn’t replace the pumps.
Q. So out of both — in taking into consideration
both pumps, you changed the packing five times total?
A. Approximately five times.
Q. Approximately five times. Fair enough.
And — and this is for drinking water?
510
Page 81
A. Yes.
Q. So it’s room temperature, or is it chilled or —
the water?
A. It’s — they did have a chilling factory on there,
but it didn’t always work and we didn’t care about
that.
Q. Sure.
A. We just wanted to make sure we had water
pumping to the water fountains where we could get
water.
Q. All right.
application?
So this isn’t a high heat or —
A. Not high heat, but it was — it was hot, yes.
Q. What was hot?
A. The — you mean the water that’s coming
through that you mean?
Q. Yes.
A. Because — yes. Yes. It’s from — we have a
potable tank onboard.
Q. Okay.
A. And that’s where the water was, in this tank.
And the pump pumped the water from that tank to
reservoirs for — for us.
***
Page 122
A. No.
Q. Do you know who made the gasket that was put
back on?
511
A. No.
Q. Okay. I think we talked about all the ways that
you initially told me you believe you worked on the
tugboat that would have exposed you to asbestos. Is
there any other way you can think of working on that
tugboat that would have exposed you to asbestos that
we haven’t already spoken about?
A. No.
Q. How — I mean, you were — were you the
captain of the tugboat?
A. Yes.
Q. Okay. And I mean, how often would you need
to do repair — any kind of repairs? I mean, was that
something that happened daily, or was that something
that happened once a week or —
A. It happened an awful lot in the three years.
That’s all I can say. It happened a lot. It was always
something
Page 123
going down on that bottom. As I — as I explained
before, this was — this was a — this was a training
base. Every morning, 6 o’clock in the morning, 15, 16,
17 ships get underway. So you have to get them out to
sea. And then they’d come back again at 6 o’clock at
night, we’d get them back in. So those boats get a lot
of workout. And things happen, and you have to keep
them up or else the ships don’t move.
Q. Okay. Fair enough.
A. Sometimes we work all night long sometimes
just to get these things going.
Q. So it would be ready for —
512
A. So it would be ready —
Q. — the next day?
A. — the next day.
Q. Okay. Fair enough.
So we left off in October of ‘80 when you left
Guantanamo Bay.
A. Right.
Q. Where were you assigned when you left?
A. When we left Guantanamo, I went
Page 124
to — let’s see. I went to the — to the Butte.
Q. Butte, B-U-T-T-E?
A. Yes.
Q. What kind of ship is the USS Butte?
A. Ammunition ship.
Q. So does that mean it’s a ship that would supply
other ships in the Navy with ammunition —
A. Yes.
Q. — for their guns?
A. Yes.
Q. Okay. And how long were you aboard the USS
Butte?
A. Eighteen months.
Q. So October 1980 through April ‘82?
A. Yes.
Q. Wait. No. That would be — oh, no, that’s —
A. Yeah. Because I left there and I went to
Philadelphia Navy shipyard on another tugboat.
513
Page 125
Q. Okay. So what were your duties aboard the
USS Butte?
A. I was in charge of the second division, which
was responsible for the rigging of the transfer stations
where we would transfer the ammunition.
Q. Okay. So you would be responsible for getting
the ammunition rigged up so it could be moved from
the ammunition ship to whatever ship you were
supplying?
A. Yes.
Q. Did you —
A. Staging it, staging it and the maintenance on
the transfer station.
Q. Well, what’s a transfer station?
A. It’s — it’s a lift that would lift up, lift
ammunition up, and we send a wire across to the other
ship. And the ammunition travels on that wire across
to the other ship. There’s a control station that — just
like a crane operator would operate to hoist it, to send
it across, and to bring it back.
Q. What kind of maintenance was
Page 126
required for the area you worked in?
A. We had to maintain the wire. That wire was
under a lot of tension, so we had to keep it rust-free.
And we had to repair the — maintain the — the lift
mechanism. We had to repair, maintain the station
where the operator would sit, make sure all the gears
worked and everything worked there electronically.
And we also had to make sure that the station area
514
was clear, safety — safety lines were put up, where
nobody could — could enter the station while we were
in operation.
Q. Okay. Do you believe any of your work aboard
the USS Butte in charge of the second division exposed
you to any asbestos?
A. I can’t say for sure, but I know it had a braking
system on it that emitted dust.
Q. Okay. On the — on the —
A. On the tower. The tower had a braking system
on there that emitted dust. But I never had to do
anything with that, with the — with the repair of that.
This
Page 127
was another ship that had the people to do that, so we
didn’t have to do it. The only thing I was required to
do was rig the station, send the stuff across, and bring
it back, and get — get the ammunition staged. But I
know that braking system did emit dust. So I don’t
know what kind of — you know, I can’t say for sure.
Q. Okay. And that’s fine.
Is this braking system located on the tower that
—
A. Yes, on the tower.
Q. Okay. So it’s up above the ship?
A. Right. It runs like a worm gear.
Q. Oh, I see.
A. Up and then it got — when you lift the tower up
itself, it slides between an opening like and the tower
slides up between there. And when you want to stop it,
515
it brakes — the brakes move into it to stop the tower
at the height that you want it to be.
Q. Okay.
A. You had to put it at different
Page 128
heights, depending on what kind of ship you were
sending to.
Q. I see.
So where were the brakes, were these down
close to the deck or were these up, higher up?
A. You had — you had — you had two space. You
had one at — two at — you had the brakes at the
bottom and you had the brakes at the top, at the top,
by the tower. Now, even though — even though you
may extend higher, but the braking system stopped at
the height of the tower.
Q. Okay. And do you know who made those brakes
on that system?
A. No, sir, I don’t.
Q. Okay. Even though you didn’t have to do the
work, were you ever present when anybody else did
any repairs to the brakes?
A. No, sir.
Q. Okay. Would the dust be made each time you
had to use the brakes?
A. Every time that thing stopped,
Page 129
dust would emit, yes.
516
Q. All right. And how many people — you said you
were in charge of this — the second division?
A. Second division, yes.
Q. How many people were you in charge of?
A. Thirty-two.
Q. Thirty-two.
And were — all 32 people have some kind of job
to perform whenever ammunition was being
transferred?
A. Yes. Unless we were only running one station.
If we were running two stations, then I needed
everybody.
Q. Okay.
A. If we were only running one station, only half of
them.
Q. I see. So 16 person —
A. Yes.
Q. Sixteen —
A. Per station.
Q. Per station, right.
All right. Actually, your —
Page 130
have we — all right. So then other than the brakes, is
there anything else that you believe may have exposed
you to asbestos aboard the USS Butte?
A. No.
Q. The next ship on this document, which your
plaintiff — which your attorney was kind enough to
517
remind me I had sitting in front of me, was the USS
Nitro. Was that the next ship you served on?
A. Right. Right.
Q. It shows from 1986 to 1989 —
A. Uh-huh.
Q. — is that correct?
A. Yes.
Q. So what did you do between 1982 to 1986?
A. I was at the Philadelphia Naval Shipyard.
Q. Okay.
A. Running another tugboat.
Q. Do you remember, in April or May of ‘82 you left
to go back to — sorry, you didn’t go back — you went
to the
Page 131
Philadelphia Naval Shipyard. What month did you
leave in ‘86? Do you know?
A. I believe it was May.
Q. So you would have been about four full years at
— running a tugboat at the Philadelphia Naval
Shipyard?
A. Yes.
Q. Were you again a captain?
A. Yes.
Q. Okay. What was the name of the ship?
A. It was YTM-801 Commodore.
MR. MIRABILE:
reporter read that back.
I’m sorry, could the court
518
(Whereupon, the court reporter read back the
record as requested.)
BY MR. ADAMS:
Q. Was Commodore the name of the ship?
A. Yes.
Q. All right. Did you have duties similar to the
duties you described when you were at Guantanamo
Bay?
A. Exactly the same.
Page 132
Q. Okay. Did you ever have to replace packing on
impellers aboard the Commodore?
A. I don’t remember doing that.
Q. Did you ever have to change head gaskets on the
compressors aboard the commodore?
A. Yes.
Q. Was it the same process?
A. Yes.
Q. Was it the same — was it the same kind of ship?
I mean the dimensions of the head gaskets were the
same and everything —
A. Yeah.
Q. — or is it slightly different?
A. The head gaskets were the same, but this is an
older — older tugboat than the 820, and a smaller one.
This one’s — this one was only about 90 foot long; 820
was 110 foot.
Q. Okay. How often — did you personally remove
the head gaskets from — from the compressors aboard
the Commodore?
519
Page 133
A. Same as — just like we did on the — on the
other one, yes.
Q. Okay. Was this something that happened often
or not as frequently as aboard the other tugboat?
A. I was actually there longer than I was the other
one. So this one was many times too. There’s many
times. Because the system — the whole system on this
older tug was — was manufactured by the shipyard
personnel, because this tug didn’t really have all the
modern conveniences as 820 had. It was a lot older. So
they had to put air brakes on. They had to put the
remote throttles on. All that had to be put on. They
put the new — new compressors on because of the
shaft brake. It didn’t — the old one didn’t have that.
They had to put all that on. So that was all
manufactured by the shipyard. And then they turned
it over to us to maintain. So we had to maintain.
So the first — first year or so we didn’t have a
whole lot to do on it other than the regular
maintenance. After
***
Page 138
where we could avoid stuff like that. The commodore
was a lot smaller. And sometimes you couldn’t avoid
the chain fall rubbing against something.
Q. Okay. When you say chain fall, is that the
rigging, the chains used for rigging different
equipment?
A. Yes.
Q. Do you know if the pipe covering aboard the
Commodore contained asbestos?
520
A. No, sir.
Q. When was the — when was the tug overhauled
that it had all this new stuff added, the air brakes and
the remote, if you know?
A. See I — I got there in ‘86, so — no. I got there
in —
Q. ‘82.
A. — ‘82. It was — it was in — in dry dock when I
got there so —
Q. Okay.
A. — so they were in the process of working on it
then.
Q. So it got an overhaul in 1982 at
Page 139
some point?
A. Some — somewhere around that time.
Q. Okay.
A. I know I took it out for the first test run.
Q. Okay. So we’ve got the gaskets and then
possibly the — the pipe covering. And that’s — any
other ways you believe you may have been exposed to
asbestos aboard the Commodore during the four years
you were aboard?
A. No.
Q. I think the last ship we have, sir, is the USS
Nitro?
A. Uh-huh.
Q. What kind of ship is that?
A. It’s another ammunition ship.
521
Q. Did you board in — was it May, May of ‘86?
A. Yes.
Q. Until 1989?
A. Yes.
Q. This document here has April of
Page 140
1989. Is that accurate?
A. Excuse me. Let me — let me back up.
Q. Oh, of course.
A. Because I went to — I went to a school for eight
weeks prior to going to the Nitro.
Q. Okay. What kind of school did you go to?
A. Senior enlisted academy, Newport, Rhode
Island.
Q. And what were you doing at the senior enlisted
academy?
A. Going to school there. It was a —
Q. Sure. I’m sorry. But for — what were you
learning? What were you being trained for?
A. Trained — we took — had courses in like
defense economics, leadership, public speaking. It was
— it was geared to senior enlisted. This is the time
when I made senior chief and we had to — you go
aboard a ship, you’ll be the senior enlisted aboard
Page 141
and you’ll be the liaison between the captain and the
crew.
522
Q. Gotcha, all right.
Would you have had more managerial-type
responsibilities at that point then?
A. Yes.
Q. Okay. What were you — what — so you were
senior chief aboard the USS Nitro?
A. Yes.
Q. Okay. And what — what kind of duties did you
have aboard the Nitro?
A. I had — like I say, I was the — I was the senior
enlisted aboard. I was the — the go-between between
the captain and the crew. I was the morale booster. I
was the one to keep the crew in line. I controlled the
senior — the professional development board, where
young sailors would come before me and my board to - to make rank. I went — I assisted the XO every day,
you know, with habitability.
Q. What’s habitability?
Page 142
A. Habitability as far as cleanliness of the ship.
Q. Okay. Do you believe any of the duties you had
aboard the USS Nitro exposed you to any asbestoscontaining products?
A. No, I didn’t. I was strictly management at that
time. I was away from the hands-on work.
MR. ADAMS: All right, sir, I need to take a
couple-minute break. Are you okay with that?
THE WITNESS: Yes.
MR. ADAMS: We’ll come back.
We’re at a good spot to break.
523
THE WITNESS: Sure.
(Whereupon, a brief recess was taken.)
(Whereupon, Exhibit Nos. McAfee-1, McAfee-2,
and McAfee-3 were marked for identification.)
BY MR. ADAMS:
Q. Mr. McAfee, have we now talked about all the
ways you believe you were exposed to asbestos while
you served in the
Page 143
U.S. Navy?
A. Yes.
Q. And, sir, I assume you were honorably
discharged?
A. Yes.
Q. And what — what jobs did you work after you
left the Navy? Did you have any jobs?
A. Yes. I worked for B.F. Goodrich. I worked for
the U.S. Post Office. I worked for a contractor in the
naval shipyard called Global Associates. And I worked
for the Department of Veteran Affairs, State of New
Jersey.
Q. Okay. Let’s take those one at a time, sir.
A. Okay.
Q. Was B.F. Goodrich the first job you held after
you left the Navy?
A. Yes.
Q. Okay. And where were you working?
MR. PRESENT:
location? Is that –
You want the physical
524
Page 144
MR. ADAMS: Yes, or town.
THE WITNESS:
New Jersey.
The plant — Pedricktown,
BY MR. ADAMS:
Q. Fredericktown?
A. Pedrick, P-E-D.
MR. PRESENT: It’s P-E-D-R-I-C-K-T-O-W-N,
right?
THE WITNESS: Yeah.
BY MR. ADAMS:
Q. And what did you do for B.F. Goodrich?
A. I was a laborer.
Q. What was in Pedricktown?
facility?
What kind of
A. It was a facility that made body side molding for
cars.
Q. And how long did you work there as a laborer,
approximately?
A. Not very long. I think I worked maybe — maybe
— maybe six months at the most.
Q. Okay. Do you believe you were exposed to
asbestos working as a laborer at
Page 145
the B.F. Goodrich plant?
DEFENSE COUNSEL:
Objection; lack of
foundation and personal knowledge.
MR. ADAMS: You can answer, sir.
525
MR. PRESENT:
Don’t pay any attention to
that.
THE WITNESS: I have no idea.
BY MR. ADAMS:
Q. Mr. McAfee, that objection is to my question,
not to you or any answers you may give. Okay?
A. Okay.
Q. And was the next position then you had with the
U.S. Post Office?
A. No, I’m sorry. I missed something.
Q. Okay.
A. Kaytron, I worked for a company called
Kaytron.
Q. Okay. And what’s Kaytron?
A. It’s a assembly plant for feeders.
***
526
IN THE COURT OF COMMON PLEAS
PHILADELPHIA COUNTY, PENNSYLVANIA
KENNETH E. McAFEE : OCTOBER TERM,
and
: 2013
SHIRLEY McAFEE, h/w :
:
vs.
:
20th CENTURY GLOVE
:
CORPORATION OF
:
TEXAS
:
a/k/a Guard Line, Inc.,
:
NO. 205
et al.
:
-
-
-
FRIDAY, OCTOBER 25, 2013
VOLUME II
-
-
-
Continued oral deposition of KENNETH E.
McAFEE, was held at Courtyard Glassboro-Rowan
University, 325 Rowan Boulevard, Glassboro, New
Jersey, commencing at 10:51 a.m., on the above date,
before Deborah A. Brazukas, a Registered Professional
Reporter, Certified Shorthand Reporter of New Jersey,
License No. XI 01938, and Notary Public.
MAGNA LEGAL SERVICES
(866) 624-6221
www.MagnaLS.com
527
***
Page 223
--KENNETH McAFEE, after having been
previously duly sworn, was examined and testified as
follows:
--EXAMINATION
--BY MR. HEXSTALL:
Q. Good morning, Mr. McAfee. How are you?
A. Just fine, sir.
Q. Can you hear me okay?
A. Yes.
Q. Okay.
Same instructions as yesterday. If
there’s ever anything, let me know. And if you don’t
understand a question, just let me know and I’ll try to
rephrase the question. Okay?
A. Okay.
Q. I want to start off today and ask you some
questions about your time in Guantanamo Bay. All
right?
A. Okay.
Page 224
Q. Now, you were there from 1977, I think you
said, until October of 1980?
A. Yes.
Q. And do you know what month in ‘77 you
started?
528
MR. PRESENT: No, it’s not ‘37. He wasn’t born
until 1948. So it couldn’t have been 1937.
THE WITNESS: I thought he said ‘77.
MR. PRESENT: Oh, ‘77, I’m sorry.
BY MR. HEXSTALL:
Q. Okay. Do you know what month in 1977 you
started?
A. I’m not sure, but I think it was May 1977.
Q. And I thought you referred to it as a training
base. What type of training was taking place there?
A. That’s the fleet training group. That’s where
they train ships’ crews for deploying.
Q. Okay. And did you participate in
Page 225
that training as well?
A. I did when I was on other ships. But I was not
there in the training capacity at the time.
Q. Okay. When you were there for that three-year
period, your responsibility was as the skipper for the
tugboat?
A. Yes.
Q. Okay. And on that tugboat, there was one
engineer, yourself, and eight crew members?
A. Six crew members. Including the two of us —
Q. Six crew members?
A. Yeah, the — including the two of us, the total
crew was eight.
Q. Okay. And how many hours per day were you
actually on the tugboat?
529
A. Maybe 12, 13 hours a day.
Q. Okay. And how many days a week?
A. Depending on the training. Sometimes the
training went through the weekends. If not during the
weekends, it would be like Monday through Friday.
Page 226
Q. And your crew’s goal and the engineer was to
get the ships in and out of port, correct?
A. Yes.
Q. And in that capacity, what were your specific
duties as it related to getting the ships in and out of
the port? And I’m not talking about working on
equipment here. Just in terms of getting the ships in
and out, what did you specifically have to do?
A. I was the master of the tug.
Q. Okay. And in being a master, what were you
responsible for doing?
A. Steering and navigating the tug.
Q. Okay. Other than steering and navigating, did
you have any other responsibilities in getting the ships
in and out of port?
A. Not in getting the ships in and out of port. I
supervised the — the rest of the crew.
Q. Okay.
doing?
And what were the rest of the crew
A. They handle all the deck lines,
Page 227
the lines that we connect to the ships, where they —
they handle those when we were in operations.
530
Q. Okay. And that’s basically what you were doing
for 12 or 13 hours each day?
A. Negative. We didn’t stay — we didn’t operate
with the ships all day. We took the ships out and then
we came back and did our maintenance on the ship, on
the tugboat.
Q. Okay. On average, how long would it take for
you to bring a ship in, if everything went smoothly?
A. Forty-five minutes to an hour per ship.
Q. Okay. And how long to get a ship out of port?
A. It was less time to get it out of port. Probably
about 20 minutes.
Q. Okay. And were there ever times when it took
longer to get it out of port?
A. If there was —
Q. Or was that pretty —
A. — if there was other movement
Page 228
going on at the same time, it slowed us down, because
it was not just one ship moving at a time. Sometimes
there was three or four ships moving at a time.
Q. Okay. And were there ever occasions where it
took longer than 45 minutes to an hour to bring a ship
in?
A. Yes.
Q. What would be the — the most amount of time
that you can recall that it took to bring a ship in?
A. That’s hard to say. I can’t — can’t really pin
that down on how long it would take. Because there
was all kinds of things that happened. And — and I
531
really wasn’t timing myself to see how long it would
take us to do that. If — if one ship that was ahead of
us had problems getting into the port, we had to stand
by and hold onto the ship until they clear. So —
Q. Okay.
A. — it could vary.
Q. And in terms of the number of ships, I think you
told us yesterday there
Page 229
were about 16 ships each day that you had to do this
for?
A. Sometimes we had as many as 16 ships; not all
the time.
Q. What was the average? What was the least
amount of ships you would have in a day?
A. The least amount?
Q. Yes.
A. One.
Q. So there were some days where you only had
one ship; other days where you had up to 16?
A. Yes.
Q. Okay. In terms of the name of the ship, it’s the
Wanamassa; is that correct?
A. Yes.
Q. And it’s the YTB-820, correct?
A. Yes.
Q. And you were on that same tugboat that entire
three-year period?
A. No. I —
532
Q. What other — what other tugboat
Page 230
were you on during that three-year period in
Guatemala — Guantanamo Bay?
A. There was another one that was a YTM, but I
don’t remember the number on it. I think it was 543,
but I can’t remember. I was only on that a short period
of time.
Q. Okay. About how long were you on there?
A. I don’t remember. It was just a short period of
time that I was on it. I was on — spent most of my
time on the Wanamassa.
Q. Okay. And I’m just trying to get — when you
say short period, would that be a week? Would that be
a couple weeks? Can you give me an average or
estimate?
A. I — it was more than a month, I know that, but
I just don’t remember how long it was.
Q. Okay. And all you can remember about that —
was there a name for that ship or was YTM-543 all you
can remember?
A. It was — YTM-543 was — was the hull number.
Q. And there wasn’t a name for that
Page 231
tugboat?
A. It probably had a name, but I — I don’t
remember. I was on it such a short period of time as
part of the training to be a tug master. I did the
training on that and that’s it.
533
Q. Okay. So that would have been the early part
of your time?
A. Yes.
Q. And were you — did you have the same
responsibilities on that?
A. No. I was in a training mode. I was there to
train.
Q. Going back to the Wanamassa, can you describe
— what was the size of that tugboat, the dimensions
of it?
A. It was a 440 ton tugboat, 110 foot long, 12 foot
shaft — 12 foot screw, stainless steel screw.
Q. And how many different areas were there on the
tugboat?
A. (No response.)
Q. Is it easier to give me like a general layout?
Page 232
A. It’s laid out just like a regular ship. You had the
berthing area, you had the engineering spaces, you
had a galley, you had the captain’s quarters, you had
the pilot house, you had a chain locker, you had
several storage spaces on there, and all kinds of voids.
I just don’t really know how many spaces there were.
Q. All right.
Wanamassa?
And what was the age of the
A. I’m sorry, I didn’t understand.
Q. How old was that boat?
A. I don’t know.
534
Q. When you boarded it in 1977, was the
equipment already in place or were they still installing
new equipment?
A. No. Everything was there.
Q. So when you started in ‘77, the — the two air
compressors that you spoke of were already onboard?
A. Yes.
Q. And where exactly on the tugboat were the air
compressors located?
A. In engineering space.
Page 233
Q. Were — were both air compressors in that same
engineering space?
A. Yes.
Q. And were they next to each other? How far
apart were they?
A. Yes, they were. They were right — right next to
each other.
Q. And it’s my understanding that you were
responsible for doing some repairs on the air
compressors when they would leak air?
A. No. I was not doing the repairs. I — we assisted
because of the short — short amount of people that we
had on board. I did most of the rigging and in some
cases ripping out packing. Most of the other stuff was
done by the engineer. The technical part was done by
the engineer.
Q. Okay. So rigging and packing was what you
primarily did in terms of repairs?
A. Yes.
535
Q. But were there occasions when you did work on
air compressors?
A. As far as rigging?
Page 234
Q. As far as doing any type of repair.
A. Not repair, rigging, yes.
Q. Okay. And in rigging the air pressures — air
compressors, what were your responsibilities?
A. If — if the head had to come off, we – I would
rig the head off of it, the — set up chainfalls to take
that head off. Or if it had — if it had to move forward
to remove a shaft, then I would do that. I would rig it,
that part. But the technical part, the technical work
was done by the engineer. If there was any packing
that had to be pulled out, he would let us do that. And
he would reinstall.
Q. Okay. And the air compressors, I think you
testified yesterday that they ran the brake and air
horn?
A. Yes.
Q. And anything else?
A. Not that I’m aware of.
Q. And in your capacity on this tugboat, you were
never specifically trained
Page 235
as an engineer to do the technical work, were you?
A. No.
Q. You would just assist him if he asked you to if
you were short staffed or something like that, correct?
A. Yes.
536
Q. The air compressors, you told me yesterday —
or you told us yesterday that they were four feet by two
feet?
A. I just estimated. I didn’t — I don’t know.
Q. Anything that’s happened since yesterday that
would change that estimate in your mind or is that
still fair?
A. Like I said, I’m just — I’m just estimating, just
pretty well guessing. I didn’t measure them, and I
don’t know. They wasn’t very big, that’s for sure.
Q. Okay. Were they portable air compressors or
were they stationary?
A. No, they were stationary.
Q. And what was the shape of the air compressors?
Page 236
A. You — you mean if — if it was round —
Q. Were they oval? Were they square? Can you
describe the shape of them?
A. They were like — well, elongated, I guess. It
was longer than they were — longer than they were
wide.
Q. Okay. But the end of them, were they round at
the end? Were they square at the end? Were they
rectangular or like an oval?
A. I believe it was like — I’m trying to remember.
Probably — it was elongated, so it had to be a little
rounded off on the ends.
Q. And what were they made of?
A. Metal.
Q. What color were they?
537
A. Gray.
Q. And were both of these — so I don’t have to ask
you the same questions twice, were both of the air
compressors identical?
A. Yes.
Page 237
Q. And how were they powered?
A. By diesel engine.
Q. Do you remember whether or not there was any
writing on the air compressors?
A. There was — I know there was tags on it. There
was a tag on it that said what kind of compressor it
was.
Q. Okay. Where was the tag located?
A. At the base, the base of it.
Q. Okay. And what — what did the tag say?
A. Ingersoll Rand, and it had a series of numbers.
Q. Did it say anything else other than Ingersoll
Rand?
A. Not that I can recall.
Q. Do you recall any of the model numbers or serial
numbers?
A. No, sir.
Q. Other than the tag that said Ingersoll Rand,
was there any writing on the air compressor itself?
A. I believe the top of it said Ingersoll Rand too, I
believe.
Page 238
538
Q. Okay. When you say the top of it, where on the
top of it did it say Ingersoll Rand?
A. Where the — I guess these were like valves or
something, that stuck out of the top of it. I think that’s
what — some kind of valve was on the top of it. I
believe it said Ingersoll Rand somewhere in that
vicinity.
Q. Okay. And was the whole word written out?
A. Yes.
Q. Do you remember what color that writing was?
A. The whole — the whole thing was gray, the
engine, the whole thing was painted gray.
Q. Okay. The words Ingersoll Rand, though, do
you remember what color that writing was?
A. It’s — the whole thing was gray, the writing —
Q. The letters were gray as well?
A. Everything was painted gray.
Page 239
Q. And painted gray by the Navy?
A. Yes.
Q. Did you ever see any packaging for that
compressor itself, the entire air compressor?
A. No.
Q. Were you ever responsible for ordering any
parts for the air compressor?
A. No.
Q. At any time during that three-year period, was
— were either of those air compressors ever removed
as far as you know?
539
A. No.
Q. Other than the — the head gasket that you
spoke about, what other components were on that air
compressor?
A. I couldn’t tell you. I’m — like I said, I’m not an
engineer, I don’t know these parts on this thing.
Q. Okay. Fair enough.
Did you ever see any manuals or any
specifications for the air compressors?
Page 240
A. I saw the manuals, yes.
manuals, yes.
I saw some of the
Q. Did you ever read the manuals?
A. If the engineer was working on it and he asked
me to read something out of it while he was working I
would, yes.
Q. Okay. As you sit here today, can you recall
specifically what you might have read from any of the
manuals?
A. I remember — I think he was repacking valves
on there. And I remember the instructions on packing
the — packing that valve. Just to say that — I believe
it said that he had to use a certain kind of packing. I
remember that, yes.
Q. Okay. Yesterday you told us all that you ever
did with respect to the air compressors was remove the
head gaskets. Now today, you’re telling me that you —
you read a manual and actually did repacking on the
valves as well?
A. I did not say I repacked any valves. I said that’s
what the manual said.
540
Q. Okay. But you didn’t personally
Page 241
do that?
A. No.
Q. Okay. Let me ask you about the head gaskets.
Now, I understand this wasn’t what your primary
responsibility was, but there were occasions where you
helped the engineer and removed some head gaskets,
correct?
A. Yes.
Q. Did you have to remove anything to get to the
head gasket to remove it?
A. Yes.
Q. And what was that?
A. You had to remove the top of the — the top of
the — where the gasket was — the gasket was
underneath the head, so you had to move that.
Q. And how did you do that?
A. With a chainfall.
Q. How long did that process take to remove the
top to get to the head gasket?
A. I don’t remember. You’re talking about 20, 30
years ago. I don’t remember how much time that was.
Page 242
Q. All right. Once you were able to get to the head
gasket, you said that you used a scraper to get the
gasket up?
A. Yes.
541
Q. What did the gasket itself look like, the
appearance of it once you got the — the top off? What
color was it?
A. It was a dark color. I guess I could call it either
black or gray, dark gray.
Q. Okay. And did you wear any gloves or anything
like that when you were working on the gaskets?
A. No.
Q. Did you have to wear a mask or anything?
A. No.
Q. And the only tool that you used to remove the
gasket was a scraper?
A. Yes. If it — if it needed to be. Sometimes some
parts of it would come right off; sometimes it wouldn’t.
Q. Okay. So sometimes you could just manually
pick it up with your hand and
Page 243
take it off?
A. Not the whole thing. Some parts of it maybe —
maybe would come off with your hand.
Q. Okay.
A. Because —
Q. And if you needed a little more assistance, you
would use a scraper?
A. Yes.
Q. And how big was the scraper that we’re talking
about?
A. It was a little wider than a regular putty knife.
542
Q. And the majority of the time, did you have to
use a scraper or could you just pull it out in pieces with
your hands?
A. I wouldn’t say the majority of the time I had to
use a scraper, but sometimes I did.
Q. Okay. And I thought you testified yesterday
that when you pulled this gasket material out, it really
wasn’t a dusty process, correct?
A. I’m sorry, I didn’t understand
Page 244
you.
Q. You told us yesterday that when you pulled the
gasket material out, it wasn’t really a dusty process,
correct?
MR.
testimony.
PRESENT:
Objection;
misstates
But go ahead. You can answer.
THE WITNESS: No, I didn’t say it was — it
wasn’t a dusty process. I said it — sometimes it would
be if it popped, you know, if it — if it popped, it would
produce dust.
BY MR. HEXSTALL:
Q. Okay. So when you were changing a gasket that
popped, that’s when dust was produced, correct?
A. Yes.
Q. After you got the gasket material out itself, the
engineer would come in and put a solvent on and put
the new gasket in, right?
A. Yes.
543
Q. Now, this gasket material, was it hot to the
touch at all?
Page 245
A. No.
Q. How long would it take you to actually get the
gasket out most of the time, if there weren’t any
problems?
A. Maybe 15, 20 minutes, maybe.
Q. Now, the air compressor, do you know what the
temperature was of the air compressor?
A. No.
Q. And working with the engineer, it was — I
believe you said Barbosa was his last name?
A. Barbarosa.
Q. Barbarosa, okay.
Were there any other engineers that you ever
worked with during that three-year period?
A. No.
Q. And after you got the gasket out and left it for
Mr. Barbarosa to come in and continue the repairs,
would you go and do other work on the tugboat?
A. If he didn’t need me we would.
Q. And were you responsible for
Page 246
ordering any of the gasket material for the air
compressors?
A. No.
544
Q. Were you responsible for going to get the air
compressors — I mean get the gasket material for the
air compressors out of storage?
A. No.
Q. Do you know where they were stored?
A. In our supply department. But I — yes, I — I
know where the supply was, yes.
Q. Okay. But you never had to go get the gasket
material?
A. No.
Q. Did you ever see the box or packaging that the
new gasket material came in?
A. Yes.
Q. And I think you told us yesterday that you
didn’t know who the manufacturer of that gasket
material was, correct?
A. Yes, I didn’t.
Page 247
Q. And — because you didn’t read any of the
manuals or paperwork that came with the new gasket,
did you?
A. No.
Q. And you didn’t read anything on the box as it
related to the new gasket material, did you?
A. No.
Q. Can you tell me when the last time was that you
had to remove a head gasket on the Wanamassa?
A. No, I can’t.
Q. And I know this wasn’t a normal part of your
routine and you did it when you were asked to assist
545
by the engineer, but could you estimate how many
times during that three-year period that you actually
had to remove one of the head gaskets from an air
compressor?
A. How many times I had to do it?
Q. Yes.
A. I — that’s — that’s hard for me to do, you know,
to try to give a estimate. I — I — I’d be just guessing.
Page 248
Q. Okay. That’s fair. I don’t want you to guess. I’m
just asking if you could give an estimate.
A. No, I can’t.
Q. Does your testimony from yesterday still stand
that the brakes and the packing were what you did
more than anything, as opposed to working with the
head gaskets?
DEFENSE COUNSEL: Objection; form.
THE WITNESS: The packing, I only pulled the
packing out. I didn’t replace the packing.
MR. HEXSTALL: I understand that.
BY MR. HEXSTALL:
Q. But you did that more than you did working
with the head gaskets?
A. I don’t know if I did it more or not. I know I did
both of those jobs. I — I don’t know how many times I
did each one, so I can’t say if I did one more than the
other.
Q. Okay. Any idea by looking at the
Page 249
546
gasket material itself, would you be able to tell what
the ingredients or the components are merely by
looking at it?
A. No.
Q. And you didn’t ever have to review any
maintenance history or anything with respect to either
of these two air compressors, did you?
A. No.
Q. Let me turn your attention now to 1982, when
you were at the Philadelphia Naval Shipyard.
A. Yes.
Q. And at that time, you were on the YTM-801
Commodore?
A. Yes.
Q. And I’m going to try to streamline this a little
bit. You told us yesterday that you had pretty much
the same duties on the Commodore as you did on the
Wanamassa?
A. Yes.
Q. So if I asked you all those same questions with
respect to what you had to do
Page 250
in terms of working with air compressors, would you
give me the same answers?
A. Yes.
Q. Do you know — how many air compressors were
on the Commodore?
A. I think they had — I think it had two also,
because it had the same system. That — this was a
547
1944 tug. But — but all of it had been remodified to
put the shaft brake on and the air whistle.
Q. And the two air compressors on the
Commodore, they had the same responsibility in terms
of the air horn and the brake?
A. Yes.
Q. Anything else?
A. Not that I know of.
Q. Do you know who the manufacturer was of the
two air compressors on the Commodore?
A. They were also Ingersoll Rand.
Q. And what did they look like?
A. The same as the ones that was on the
Wanamassa.
Page 251
Q. They looked exactly the same, same color?
A. Well, they were — yes, they were all gray.
Everything engine-wise in the — a Navy tug or a Navy
ship is usually gray.
Q. And in terms of how you knew it was Ingersoll
Rand, was it because it was tagged as well?
A. Yes.
Q. Okay. Did you see the words Ingersoll Rand
anywhere written on these two air compressors?
A. Same place. They had a tag — tag on it that
was — that was — said Ingersoll Rand. And like I said,
serial — serial numbers, I don’t remember the — I
don’t know those numbers. And it was written on the
— on the top of it also.
548
Q. And do you know what the temperature was of
air in either of these compressors?
A. No.
Q. And when you would have to remove a gasket,
it would again be at the request of
Page 252
whoever the engineer was?
A. Yes.
Q. Do you recall the name of the engineer at that
time?
A. I believe his name was Wehe. But he spelled it
—
Q. What’s that?
A. — he spelled it W-E-H-E.
Q. That was his last name, correct?
A. I’m sorry?
Q. His last name was W-E-H-E?
A. Yes.
Q. And how many crew members did you have on
the Commodore?
A. Eight.
Q. And I think you told us that there was less
maintenance that was necessary on these air
compressors because there weren’t as many ships
coming in and out daily, right?
A. Right.
549
Q. But when you did have to perform some work on
the head gaskets, you performed it in the same fashion
as you did when it was
Page 253
on the Wanamassa?
A. Yes.
Q. And you — they came out the same way; you
used the same tools, correct?
A. Yes.
Q. Can you tell me the last time you would have
removed a head gasket on an air compressor on the
Commodore?
A. No, I can’t.
Q. On the Commodore, was there ever a time when
you were on leave or on vacation or not working on the
tugboat?
A. Sure. I had leave time, yes.
Q. And how long was that?
A. I don’t know. It depend — I don’t know how
much time I was on leave. I took leave different times.
Sometimes you take a week; sometimes you take two
weeks. I have no idea.
Q. Do you know how many times a year that you
might have been on leave —
A. No.
Q. — in one year?
A. No, I don’t.
Page 254
Q. Well, would it be either one or two weeks at a
time?
550
A. Yes.
Q. And would that be the same with respect to the
Wanamassa?
A. Yes.
Q. And the last thing I want to ask you about, just
briefly, is the time when you worked for Global
Associates at Philadelphia Naval Shipyard.
A. Yes.
Q. That would have been 1991 to ‘93, correct?
A. Yes.
Q. You were the — the leading foreman. And if I
understood your testimony here today, you were
removing equipment from inactive ships?
A. Yes.
Q. Do you know the names of any of the ships you
worked on during the two-year period?
A. I couldn’t recall all the names. I can remember
that two of the ships that I
Page 255
was on was there also in mothballs, and I know we did
remove stuff off of them, off those two.
Q. Do you know the names of those two?
A. The two that I was on, the Voge and the Davis,
both were there in mothballs.
Q. Do you recall how many other ships there might
have been other than those two?
A. How many ships were in mothball?
Q. Yes.
551
A. No, I don’t know how many. That’s — there was
a lot of them.
Q. And as I understood your testimony yesterday,
you weren’t working or repairing any equipment, you
were just removing it off the ships, correct?
A. That’s right.
Q. And the only way that you believe that you
might have been exposed to any asbestos in doing that
would have been cutting some of the wire and the
insulation on the wire, correct?
Page 256
A. Yes.
Q. And there was a number of manufacturers that
you looked at in terms of equipment that you were
taking off. And do you recall what type of Ingersoll
Rand equipment you removed from some of the
inactive ships during that two-year period?
A. I don’t remember exactly, but it — it probably
— it probably was electronic, because it wasn’t a whole
lot of — I didn’t — I didn’t pull any – I don’t remember
pulling any pumps off or any air compressors off.
Q. And in terms of whatever the electronic
equipment might have been that was Ingersoll Rand
you believe, you didn’t have to disturb or repair or
maintain that equipment; you just rigged it and took
it off, right?
A. Yes.
Q. And what you told me and what I just asked you
about in terms of the Wanamassa, when you were at
Global Associates during ‘91 to ‘93, and when you were
on the
552
Page 257
Commodore, that’s your only contact you had with any
Ingersoll Rand equipment during your career?
A. Well, that’s — I’m sure there was Ingersoll
Rand equipment on all of the ships that I was on. I
didn’t have to only — I didn’t —
Q. Okay. But I mean —
MR. PRESENT: Please let him finish, Mr.
Hexstall. Please let him finish this — you interrupted
him right in the middle of a sentence. Let him finish.
MR. HEXSTALL: I’m sorry. I didn’t know he
was still answering. Go ahead and finish, sir, please.
MR. PRESENT: He was. And he — go ahead.
You can finish your answer.
THE WITNESS: There was — I’m sure there
was Ingersoll Rand equipment on all of the ships that
I was on. So there were times when I would be in the
engine room and maybe not in the working
Page 258
capacity and being — be in the area where somebody
was working on a Ingersoll Rand or some other
equipment in the engine room. That was part of the
training and — that we did all the time when we were
underway. We had to — in order to qualify for surface
warfare specialist, you had to know generally about
every part of the ship.
BY MR. HEXSTALL:
Q. And I have the list of five ships that you were
on during your 20-year Navy career. You — I just
want to understand your testimony. You didn’t
specifically work on any Ingersoll Rand equipment
553
while you were on any of those ships but, you think
you may have been in the area when others were
working on it, correct?
A. That’s correct.
Q. And would you have been supervising them
while they were working on any of this equipment or
just generally in the area?
A. Just generally in the area for
Page 259
training or for an inspection.
Q. And as you sit here today, can you describe
specifically what they may have been doing when you
were in an area working on any Ingersoll Rand
equipment?
A. No, I cannot.
MR. HEXSTALL: Okay. Thank you, sir. That’s
all the questions I have for you right now.
THE WITNESS: Thank you.
--EXAMINATION
--BY MR. PRESENT:
Q. All right. Mr. McAfee, I do have a few questions
about Ingersoll Rand based on some of the questions
that Mr. Hexstall asked you. And I will proceed with
them now.
I’m going to do them in the same order that —
you know, that he did them in. So I’m going to start
at the Wanamassa.
554
First thing, when we’re talking about the
Wanamassa, he asked you a number of questions
about removing gaskets,
Page 260
head gaskets from air compressors that were made by
Ingersoll Rand.
Do you remember those questions just a few
minutes ago that he was asking you?
A. Yeah, he — he asked me —
Q. Scraping —
A. — was I scraping them and to describe them.
Q. That’s true. Okay. Well, I have a few other
questions about that, those — those experiences and
then I’ll move on to other issues.
But with respect to the scraping of those
gaskets, when it was difficult to get off, when you
would have to use a scraper to get them off, what, if
anything, would happen to the atmosphere or the air
that you were breathing when you would have to
scrape those gaskets off the Ingersoll Rand
compressors?
A. Well —
MR. HEXSTALL: Objection to form.
Page 261
BY MR. PRESENT:
Q. Go ahead. You can answer.
A. Like I — like I told him, you know, if it — if it
popped in half — sometimes it would break.
Q. Right.
555
A. If it would break, you know, it would emit some
dust into the area and then I probably would end up
breathing it.
Q. Okay. And once again, Mr. McAfee used one of
the international signs for the spreading of dust with
his fingers.
How long — did you stay in that area when —
when you — when the engineer — and I think you said
his name was Barbarosa?
A. Yes.
Q. When the engineer, Barbarosa, was — would he
be there while you were doing the scraping? Would he
be in the same area?
A. Sometimes he would be, or he’d be going to get
the new parts or doing something else at the time.
Sometimes he would leave us do that. That was a
simple job.
Page 262
Q. Okay.
A. That wasn’t a hard job. So that — those are jobs
that we would do, and he would do the technical part.
Q. Did he — was he the one that put the new
gasket on?
A. Yes.
Q. Did you witness him doing that? Did you see
him doing that?
A. Yes.
Q. Okay. This — I know you couldn’t give a
number, an exact number, you said you couldn’t say
an exact number to Mr. Hexstall about —
556
A. Uh-huh.
Q. — how many times you would remove gaskets
and/or scrape gaskets off the Ingersoll Rand
equipment, but is there any word that you could use to
describe the frequency or lack of frequency that this
would happen with? I mean, how often would you be
doing that sort of thing on an Ingersoll Rand, if you
could just give us — without giving us a number — a
general idea,
***
557
***
Page 237
Q. And how were they powered?
A. By diesel engine.
Q. Do you remember whether or not there was
anything on the air compressors?
A. There was — I know there was tags on it. There
was a tag on it that said what kind of compressor it
was.
Q. Okay. Where was the tag located?
A. At the base, the base of it.
Q. Okay. And what — what did the tag say?
A. Ingersoll Rand, and it had a series of numbers.
Q. Did it say anything else other than Ingersoll
Rand?
A. Not that I can recall.
Q. Do you recall any of the model numbers or serial
numbers?
A. No, sir.
Q. Other than the tag that said Ingersoll Rand,
was there any writing on the air compressor itself?
A. I believe the top of it said Ingersoll Rand too, I
believe.
***
Page 241
do that?
A. No.
Q. Okay. Let me ask you about the head gaskets.
Now, I understand this wasn’t what your primary
558
responsibility was, but there were occasions where you
helped the engineer and removed some head gaskets,
correct?
A. Yes.
Q. Did you have to remove anything to get to the
head gasket to remove it?
A. Yes.
Q. And what was that?
A. You had to remove the top of the — the top of
the — where the gasket was — the gasket was
underneath the head, so you had to remove that.
Q. And how did you do that?
A. With a chainfall.
Q. How long did that process take to remove the
top to get to the head gasket?
A. I don’t remember. You’re talking about 20, 30
years ago. I don’t remember how much time that was.
Page 242
Q. All right. Once you were able to get to the head
gasket, you said that you used a scraper to get the
gasket up?
A. Yes.
Q. What did the gasket itself look like, the
appearance of it once you got the — the top off? What
color was it?
A. It was a dark color. I guess I could call it either
black or gray, dark gray.
Q. Okay. And did you wear any gloves or anything
like that when you were working on the gaskets?
A. No.
559
Q. Did you have to wear a mask or anything?
A. No.
Q. And the only tool that you used to remove the
gasket was a scraper?
A. Yes. If it — if it needed to be. Sometimes some
parts of it would come right off; sometimes it wouldn’t.
Q. Okay. So sometimes you could just manually
pick it up with your hand and
Page 243
take it off?
A. Not the whole thing. Some parts of it maybe —
maybe would come off with your hand.
Q. Okay.
A. Because —
Q. And if you needed a little more assistance, you
would use a scraper?
A. Yes.
Q. And how big was the scraper that we’re talking
about?
A. It was a little wider than a regular putty knife.
Q. And the majority of the time, did you have to
use a scraper or could you just pull it out in pieces with
your hands?
A. I wouldn’t say the majority of the time I had to
use a scraper, but sometimes I did.
Q. Okay. And I thought you testified yesterday
that when you pulled this gasket material out, it really
wasn’t a dusty process, correct?
A. I’m sorry, I didn’t understand
560
Page 244
you.
Q. You told us yesterday that when you pulled the
gasket material out, it wasn’t really a dusty process,
correct?
MR. PRESENT:
testimony.
Objection;
misstates
But go ahead. You can answer.
THE WITNESS: No, I didn’t say it was — it
wasn’t a dusty process. I said it — sometimes it
would be if it popped, you know, if it — if it
popped, it would produce dust.
BY MR. HEXSTALL:
Q. Okay. So when you were changing a gasket that
popped, that’s when dust was produced, correct?
A. Yes.
Q. After you got the gasket material out itself, the
engineer would come in and put a solvent on and put
the new gasket in, right?
A. Yes.
Q. Now, this gasket material, was it hot to the
touch at all?
Page 245
A. No.
Q. How long would it take you to actually get the
gasket out most of the time, if there weren’t any
problems?
A. Maybe 15, 20 minutes, maybe.
Q. Now, the air compressor, do you know what the
temperature was of the air compressor?
561
A. No.
Q. And working with the engineer, it was — I
believe you said Barbosa was his last name?
A. Barbarosa.
Q. Barbarosa, okay.
Were there any other engineers that you ever
worked with during that three-year period?
A. No.
Q. And after you got the gasket out and left it for
Mr. Barbarosa to come in and continue the repairs,
would you go and do other work on the tugboat?
A. If he didn’t need me we would.
Q. And were you responsible for
Page 246
ordering any of the gasket material for the air
compressors?
A. No.
Q. Were you responsible for going to get the air
compressors — I mean get the gasket material for the
air compressors out of storage?
A. No.
Q. Do you know where they were stored?
A. In our supply department. But I — yes, I — I
know where the supply was, yes.
Q. Okay. But you never had to go get the gasket
material?
A. No.
Q. Did you ever see the box or packaging that the
new gasket material came in?
562
A. Yes.
Q. And I think you told us yesterday that you
didn’t know who the manufacturer of that gasket
material was, correct?
A. Yes, I didn’t.
Page 247
Q. And — because you didn’t read any of the
manuals or paperwork that came with the new gasket,
did you?
A. No.
Q. And you didn’t read anything on the box as it
related to the new gasket material, did you?
A. No.
Q. Can you tell me when the last time was that you
had to remove a head gasket on the Wanamassa?
A. No, I can’t.
Q. And I know this wasn’t a normal part of your
routine and you did it when you were asked to assist
by the engineer, but could you estimate how many
times during that three-year period that you actually
had to remove one of the head gaskets from an air
compressor?
A. How many times I had to do it?
Q. Yes.
A. I — that’s — that’s hard for me to do, you know,
to try to give a estimate. I — I — I’d just be guessing.
Page 248
Q. Okay. That’s fair. I don’t want you to guess.
I’m just asking if you could give an estimate.
A. No, I can’t.
563
Q. Does your testimony from yesterday still stand
that the brakes and the packing were what you did
more than anything, as opposed to working with the
head gaskets?
DEFENSE COUNSEL: Objection; form.
THE WITNESS: The packing, I only pulled the
packing out. I didn’t replace the packing.
MR. HEXSTALL: I understand that.
BY MR. HEXSTALL:
Q. But you did that more than you did working
with the head gaskets?
A. I don’t know if I did it more or not. I know I did
both of those jobs. I — I don’t know how many times I
did each one, so I can’t say if I did one more than the
other.
Q. Okay. Any idea by looking at the
Page 249
gasket material itself, would you be able to tell what
the ingredients or the components are merely by
looking at it?
A. No.
Q. And you didn’t ever have to review any
maintenance history or anything with respect to either
of these two air compressors, did you?
A. No.
Q. Let me turn your attention now to 1982, when
you were at a Philadelphia Naval Shipyard.
A. Yes.
Q. And at that time, you were on the YTM-801
Commodore?
564
A. Yes.
Q. And I’m going to try to streamline this a little
bit. You told us yesterday that you had pretty much
the same duties on the Commodore as you did on the
Wanamassa?
A. Yes.
Q. So if I asked you all those same questions with
respect to what you had to do
Page 250
in terms of working with air compressors, would you
give me the same answers?
A. Yes.
Q. Do you know — how many air compressors were
on the Commodore?
A. I think they had — I think it had two also,
because it had the same system. That — this was a
1944 tug. But — but all of it had been remodified to
put the shaft brake on and the air whistle.
Q. And the two air compressors on the
Commodore, they had the same responsibility in terms
of the air horn and the brake?
A. Yes.
Q. Anything else?
A. Not that I know of.
Q. Do you know who the manufacturer was of the
two air compressors on the Commodore?
A. They were also Ingersoll Rand.
Q. And what did they look like?
A. The same as the ones that was on the
Wanamassa.
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***
Page 262
Q. Okay.
A. That wasn’t a hard job. So that — those are jobs
that we would do, and he would do the technical part.
Q. Did he — was he the one that put the new
gasket on?
A. Yes.
Q. Did you witness him doing that? Did you see
him doing that?
A. Yes.
Q. Okay. This — I know you couldn’t give me a
number, an exact number, you said you couldn’t say
an exact number to Mr. Hexstall about —
A. Uh huh.
Q. — how many times you would remove gaskets
and/or scrape gaskets off the Ingersoll Rand
equipment, but is there any word that you could use to
describe the frequency or lack of frequency that this
would happen with? I mean, how often would you be
doing that sort of thing on an Ingersoll Rand, if you
could just give us — without giving us a number — a
general idea,
Page 263
using an adjective?
A. On the Wanamassa?
Q. On the Wanamassa.
A. Many.
Q. Okay. And would — would your experience
with the dust and the breathing when you would have
566
to scrape it be the same? Would it be the same each
time you did it?
A. Yes.
Q. The —the replacement part that —that —that
he went and got, when he —when he brought the
replacement gasket to the Ingersoll Rand compressor
to install, did you get a look at that? Did you get a look
at either the packaging or the actual gasket before he
would put it on?
A. Yes.
MR. HEXSTALL:
answered.
Objection; asked and
BY MR. PRESENT:
Q. Is there anything that you can tell me about,
you know, who supplied that gasket, what — what
company, if you know? Did you ever notice that at any
of the times
***
Page 265
were on the compressor. Do you remember giving that
testimony to Mr. — to Mr. Hexstall?
A. Yes.
MR. HEXSTALL:
Objection; misstates
testimony. He said he knew that that was done,
but he wasn’t there watching it.
MR. PRESENT: Okay. Well, just because you’d
like that to be the testimony doesn’t mean it’s
the case, Mr. Hexstall.
BY MR. PRESENT:
567
Q. Did you actually witness that happening from
time to time?
A. Yes.
Q. When — when the engineer would remove the
packing from the valve that was on the Ingersoll Rand
compressor, what if anything would happen to the air
that was in the vicinity of this activity? Can you
describe that for me, when he would remove the
packing?
A. (No response.)
Page 266
Q. Would it — would it cause a difference in the
air?
A. If it came out in pieces, yes.
Q. Okay.
A. The old — the old packing you’re talking about?
Q. Yes, the old packing.
A. Yes. Yes.
Q. What would you see? What would you see
happen when he would remove the old packing?
A. You’d see little strings pop into the air, little —
little dust like that would pop.
Q. Okay. Stringy dust? Is that what you’re calling
it?
A. Yes. Yes.
Q. And when that dust was in the air, would that
have any effect on you?
A. I imagine I would breathe it.
Q. Okay.
568
A. Yes.
Q. Well, do you remember being in the vicinity of
that dust when that would
***
Page 270
A. No.
Q. Did you ever see any kind of warning on any of
the gaskets themselves or their packaging saying that
if you breathed in dust from that material you could
get lung cancer from it?
A. No.
MR. HEXSTALL: Objection.
BY MR. PRESENT:
Q. With respect to the actual Ingersoll Rand
compressors, the equipment that you were working on
on the Wanamassa, did you ever see any kind of
warning or placard on that equipment warning you
that your safety was in jeopardy and you needed to
take precautions so that you wouldn’t get sick from
breathing in that dust? Did you ever see anything like
that?
A. No.
MR. HEXSTALL: Object to form.
BY MR. PRESENT:
Q. And if I asked you — and I’m going to — I’m
going to be as much of a streamliner as Mr. Hexstall.
If I were to
***
569
***
Page 49
Q. Okay.
A. No.
Q. Did the — the Wanamassa, I guess being a
tugboat, did it also have a horn?
A. Yes.
Q. And — and what was it that ran the horn on the
Wanamassa?
A. A compressor.
Q. Okay. And did you do work on that compressor?
A. Yes.
Q. Okay. And do you remember who made those
compressors?
A. Ingersoll Rand.
Q. Okay. And what kind of work would you do on
the compressor?
A. We wou
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