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VIDEOTAPED DEPOSITION of ROBERT FORTE NOVEMBER 16, 2010 Page 2 ANDREW ZAKANYCH SUPERIOR COURT OF NEW JERSEY and JOAN ZAKANYCH LAW DIVISION: MIDDLESEX COUNTY Husband and Wife, DOCKET NO. L-007567-09 Plaintiffs, CIVIL ACTION vs. ASBESTOS LITIGATION THERMO FISHER SCIENTIFIC INC., f/k/a Fisher Scientific International Inc. et al., Defendants. RAYMOND FELDNER SUPERIOR COURT OF NEW JERSEY and BARBARA LAW DIVISION: MIDDLESEX COUNTY FELDNER, Husband and Wife, DOCKET NO. L-001052-l0 Plaintiffs, CIVIL ACTION ASBESTOS LITIATION vs. AMERICAN PREMIER UNDERWRITERS, INC. et al., Defendants. ROBERT BLACKBURN, COURT OF COMMON PLEAS JR. , PHILADELPHIA COUNTY, PA Plaintiffs, ASBESTOS CASE vs. TERM, MARCH 2010 ASBESTOS NO. 02699 CORPORATION LIMITED, et al., Defendants. VIDEOTAPED DEPOSITION OF ROBERT FORTE NOVEMBER 16, 2010 Page 2 1 VIDEOTAPED DEPOSITION OF ROBERT FORTE, 2 a witness herein, called by the Plaintiffs for examination, in accordance with the New 3 Jersey/pennsylvania Rules of Civil Procedure, taken by and before Ann Medis, Registered 4 Professional Reporter and Notary Public in and for the Commonwealth of Pennsylvania, at the offices 5 of Hyatt Regency Pittsburgh International Airport, 1111 Airport Boulevard, Pittsburgh, PA 15231, on 6 Tuesday, November 16, 2010, commencing at 10:10 a.m. 7 8 APPEARANCES (ZAKANYCH): 9 FOR PLAINTIFFS: Michael E. McMahon, Esquire 10 COHEN PLACITELLA & ROTH 127 Maple Avenue 11 Red Bank, NJ 07701 732.747.9003 12 FOR DEPONENT: 13 John T. William, Esquire HINKHOUSE WILLIAMS WALSH LLP 14 180 N. Stetson Avenue, Suite 3400 Chicago, IL 60601 15 312.784.5411 [email protected] 16 FOR DEFENDANT ATLANTIC PLUMBING SUPPLY 17 CORPORATION: Sebastian A. Goldstein, Esquire 18 MARKS O'NEILL O'BRIEN and COURTNEY, P.C. Suite 300 19 Cooper River West 6981 North Park Drive 20 Pennsauken, NJ 08109 [email protected] (via conference call) 21 22 23 24 25 Magna Legal Services Page 3 1 APPEARANCES (ZAKANYCH) Continued: 2 FOR DEFENDANTS BAYER CROPSCIENCE, As Corporate Successor to Amchem Products, Inc., FMC 3 CORPORATION, SEQUOIA VENTURES, INC., and INGERSOLL-RAND: 4 Anne Wilcox Lewis, Esquire KELLEY JASONS McGOWAN SPINELLI & HANNA 5 Allegheny Building, Suite 1202 429 Forbes Avenue 6 Pittsburgh, PA 15219 412.434.6577 7 [email protected] 8 FOR DEFENDANT CERTAINTEED CORPORATION, INC. Lisa M. Massimi, Esquire 9 CARUSO POPE SMITH EDELL PICINI, PC 60 Route 46 East 10 Fairfield, NJ 07004 973.667.6000 11 [email protected] (via conference call) 12 FOR DEFENDANT FISHER SCIENTIFIC COMPANY: Marc Gaffrey, Esquire 13 HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street 14 P.O. Box 480 New Brunswick, NJ 08903 15 732.545.4717 (via conference call) 16 FOR DEFENDANT 3M COMPANY: Carolyn L. McCormack, Esquire 17 LAVIN O'NEIL RICCI CEDRONE & DISIPIO 190 N. Independence Mall West, Suite 500 18 Philadelphia, PA 19106 215.351.7971 19 [email protected] (via conference call) 20 21 22 23 24 25 Magna Legal Services Page 4 1 APPEARANCES (FELDNER): 2 FOR PLAINTIFFS: Michael E. McMahon, Esquire 3 COHEN PLACITELLA & ROTH 127 Maple Avenue 4 Red Bank, NJ 07701 732.747.9003 5 FOR DEPONENT: 6 John T. William, Esquire HINKHOUSE WILLIAMS WALSH LLP 7 180 N. Stetson Avenue, Suite 3400 Chicago, IL 60601 8 312.784.5411 [email protected] 9 FOR DEFENDANTS FISHER SCIENTIFIC COMPANY, 10 LLC and METTLER-TOLEDO, INC.: Marc Gaffrey, Esquire 11 HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street 12 P.O. Box 480 New Brunswick, NJ 08903 13 732.545.4717 (via conference call) 14 FOR DEFENDANT GENERAL ELECTRIC COMPANY: David Speziali, Esquire 15 Michael Quinn, Esquire SPEZIALI GREENWALD & HAWKINS 16 1081 Winslow Road, Box 1086 Williamstown, NJ 08094 17 856.728.3600 [email protected] (via conference call) 18 FOR DE FENDANT MINERALS TECHNOLGIES, INC.: 19 David J. Singley, Esquire DINSMORE & SHOHL LLP 20 One Oxford Centre, Suite 2800 301 Grant Street 21 Pittsburgh, PA 15219 412.281.5000 22 [email protected] 23 24 25 Magna Legal Services Page 5 1 APPEARANCES (FELDNER) Continued: 2 FOR DEFENDANT PHARMACIA CORPORATION f/k/a Monsanto Company: 3 Lisa Ann T. Ruggerio, Esquire PATTON BOGGS LLP 4 1 Riverfront Plaza, 6th Floor Newark, NJ 07102 5 973.848.5660 [email protected] (via conference call) 6 FOR DEFENDANT SUNOCO, INC. 7 Lauren E. Burke, Esquire SWARTZ CAMPBELL, LLC 8 Two Liberty Place 50 S. 16th Street 9 Philadelphia, PA 19102 215.299.4282 10 [email protected] (via conference call) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Magna Legal Services Page 6 1 APPEARANCES (BLACKBURN): 2 FOR PLAINTIFFS: Michael E. McMahon, Esquire 3 COHEN PLACITELLA & ROTH 127 Maple Avenue 4 Red Bank, NJ 07701 732.747.9003 5 FOR DEPONENT: 6 John T. William, Esquire HINKHOUSE WILLIAMS WALSH LLP 7 180 N. Stetson Avenue, Suite 3400 Chicago, IL 60601 8 312.784.5411 [email protected] 9 FOR DEFENDANT AIR AND LIQUID SYSTEMS INC., 10 f/k/a Buffalo Pumps, Inc.: Michael J. Block, Esquire 11 WILBRAHAM LAWLER & BUBA 1818 Market Street, Suite 3100 12 Philadelphia, PA 19103 215.972.2850 13 [email protected] (via conference call) 14 FOR DEFENDANT ASBESTOS CORPORATION LIMITED: Janet Golup, Esquire 15 GOLD FEIN & JOSEPH 1800 JFK Boulevard, 20th Floor 16 Philadelphia, PA 19103 215.979.8224 17 [email protected] (via conference call) 18 FOR DEFENDANTS BP AMERICA, INC. and ATLANTIC RICHFIELD CORPORATION: 19 James P. Hadden, Esquire MARON MARVEL BRADLEY & ANDERSON, P.A. 20 1700 Market Street, Suite 1500 Philadelphia, PA 19103 21 215.231.7100 [email protected] (via conference call) 22 23 24 25 Magna Legal Services Page 7 1 APPEARANCES (BLACKBURN) Continued: 2 FOR THE DEFENDANT CHICAGO BRIDGE & IRON COMPANY: 3 Stuart M. Goldstein, Esquire HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN PC 4 Willow Ridge Executive Office Park 750 Route 73 South, Suite 301 5 Marlton, NJ 08053 856.810.7302 6 [email protected] (via conference call) 7 FOR DEFENDANT CBS CORPORATION and GENERAL ELECTRIC COMPANY: 8 Anthony Mirabile, Esquire McSHEA TECCE, P.C. 9 Bell Atlantic Tower, 28th Floor 1717 Arch Street 10 Philadelphia, PA 19103 215.599.0800 (via conference call) 11 [email protected] 12 FOR DEFENDANT DURO DYNE CORPORATION: Patrick Beattie, Esquire 13 McGIVNEY & KLUGER, P.C. Two Penn Center Plaza 14 1500 JFK Boulevard, Suite 518 Philadelphia, PA 19102 15 973.805.6608 [email protected](via conference call} 16 FOR DEFENDANT FISHER SCIENTIFIC COMPANY, 17 LLC: Marc Gaffrey, Esquire 18 HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street 19 P.O. Box 480 New Brunswick, NJ 08903 20 732.545.4717 (via conference call) 21 FOR DEFENDANT FOSTER WHEELER USA CORPORATION: 22 Thomas A. Mastroianni, Esquire REILLY JANICZEK & McDEVITT, P.C. 23 The Widener Building One South Penn Square, Suite 410 24 Philadelphia, PA 19107 215.972.5200 25 [email protected] (via conference call) Magna Legal Services Page 8 1 APPEARANCES (BLACKBURN) Continued) 2 FOR DEFENDANTS GOULDS PUMPS, INC. and HOBART BROTHERS COMPANY: 3 Joan P. Depfer, Esquire MARSHALL DENNE HEY WARNER COLEMAN & GOGGIN 4 1845 Walnut Street Philadelphia, PA 19103 5 215.575.2600 [email protected] (via conference call) 6 FOR DEFENDANT HONEYWELL INTERNATIONAL, INC.: 7 Aaron M. Dorfzaun, Esquire RAWLE & HENDERSON 8 Henry W. Oliver Building, Suite 1000 535 Smithfield Street 9 Pittsburgh, PA 15222 412.261.5700 10 [email protected] 11 FOR DEFENDANT 3M COMPANY: Carolyn L. McCormack, Esquire 12 LAVIN O'NEIL RICCI CEDRONE & DISIPIO 190 N. Independence Mall West, Suite 500 13 Philadelphia, PA 19106 215.351.7971 14 [email protected] (via conference call) 15 ALSO PRESENT: A.J. Simeone, Videographer 16 17 18 19 20 21 22 23 24 25 Magna Legal Services Page 9 1 INDEX 2 Examination by Mr. McMahon 12 3 Marked Questions 135 4 INDEX OF EXHIBITS 5 NO. DESCRIPTION PAGE Forte 1 Deposition Notice sent to 13 6 Marc Gaffery 7 Forte 2 Memo, 9/7/71, from P. Del Boca 33 to T. Price 8 Forte 3 Fisher Scientific Catalog 74 36 9 Forte 4 Letter, 1/23/76, from U.S. 37 10 Department of Labor to J. Reilly 11 Forte 5 Fisher Scientific Catalog 77 39 12 Forte 6 Memo, 5/2/77, from A. Anderson 40 13 to P. Hunsucker, Asbestos Sleeving Castaloy 14 Forte 7 Memo, 11/22/78, from J. Reilly 50 15 to A. Heidrich, EMD Catalog ­ OSHA Terminology 16 Forte 8 Letter, 10/11/78, from 56 17 Concerned Seventh Grade Science Students to Fisher 18 Scientific Company NY09 000061 19 Forte 9 Letter, 12/11/78, from J. 70 20 Reilly to C. Kohler NY09 000064 21 Forte 10 Letter, 12/18/78, from J. 74 22 Reilly to C. Kohler NY09 000065 23 Forte 11 Inter-department communication 76 24 12/4/78, from J. Cenname to B. Harrison, Asbestos 25 Magna Legal Services Page 10 1 INDEX OF EXHIBITS (Continued) 2 NO. DESCRIPTION PAGE Forte 12 Memo, 11/6/78, from J. Reilly 82 3 to U.S. Department of Labor NY09 000062 4 Forte 13 Memo, 11/28/78, from J. Reilly 84 5 to J. Fontaine, Asbestos Products 6 Forte 14 Memo, 12/5/78, from M. Hirsch 86 to J. Reilly, Wire Gauze 7 W/Asbestos Center 8 Forte 15 Memo, 1/15/79, from J. Re i 11 Y 88 to See Distribution, Asbestos 9 Meeting 10 Forte 16 Memo, 4/9/79, from J. Reilly 92 to H. Mitchell and J. Daniels, 11 Asbestos 12 Forte 17 Memo, 4/26/79, from T. Price 110 to J. Cremonese 13 Forte 18 Memo, 4/27/79, from B. Harrison 112 14 to J. Philip, Asbestos Substitution Projects 15 Forte 19 Memo, 6/28/79, from B.
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