Exhibit A
HOWARD MUNSCHAUER STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ---------------------------------------- HOWARD E. MUNSCHAUER, Plaintiff, - vs - Index No. 0/0 SOUTH BUFFALO RAILWAY COMPANY, c/o CT Corporation System, BEAZER EAST, INC., f/k/a KOPPERS COMPANY, INC. f/k/a THIEM CORPORATION in its own right and as successor in interest to UNIVERSAL REFRACTORIES, INC., c/o Corporation Service Company, CBS CORPORATION f/k/a VIACOM INC., successor by merger to CBS CORPORATION f/k/a WESTINGHOUSE ELECTRIC CORPORATION, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, LLC c/o National Registered Agents, Inc., FOSECO, INC., c/o CT Corporation System, FRONTIER INSULATION CONTRACTORS, INC., f/k/a FRONTIER INSULATION AND ASBESTOS, INC., GENERAL ELECTRIC COMPANY, GRINNELL LLC, c/o The Corporation Trust Company, HONEYWELL INTERNATIONAL INC., f/k/a ALLIEDSIGNAL, INC., as successor in interest to THE BENDIX CORPORATION, c/o Corporation Service Company, INDUSTRIAL INSULATION SALES, INC., INSUL COMPANY, INC., INSULATION DISTRIBUTORS, INC.,
ITT CORPORATION f/k/a ITT INDUSTRIES, INC., individually and as successor to ITT FLUID PRODUCTS CORP. ITT HOFFMAN ITT BELL & GOSSETT COMPANY and ITT MARLOW, c/o CT Corporation System, NIAGARA INSULATIONS, INC., f/k/a NIAGARA ASBESTOS CO., INC., UNION CARBIDE CORPORATION, c/o CT Corporation System, Defendants. ---------------------------------------- Examination before trial of HOWARD MUNSCHAUER, Plaintiff, taken pursuant to Notice under Article of the Civil Practice Law and Rules, in the offices of JACK W. HUNT & ASSOCIATES, INC., Liberty Building, Buffalo, New York, on July, 0, commencing at :0 a.m., before LYNN MYERS, Notary Public. 0 APPEARANCES: LIPSITZ & PONTERIO, LLC, By MATTHEW J. MORTON, ESQ., Delaware Avenue, th Floor, Buffalo, New York 0, () -00, mjm@lipsitzponterio.com, Appearing for the Plaintiff. Liberty Building Buffalo, New York 0 - () -00
Munschauer - Snider - // :0: :0:0 :0:0 :0:0 :0: :0: :0: :0: :0: :0: :0: :0: :0: :0: :0: :0: :0: ::0 ::0 ::0 :: :: :: 0 any responsibilities for repair of the engines at all? Q. When you were a fireman, did you have any responsibilities for the repair of any part of the train? Q. When you were a fireman, were you present when others did repairs on the engines or other parts of the train? Q. When you were a fireman, do you believe you were exposed to diesel fumes? Q. How so? A. Well, you could smell it all day long, especially when your window's open. And in the summertime you always have your window open. But in the wintertime, yes, too. Q. When you were a fireman, do you believe you were exposed to asbestos when you were working as a fireman? Liberty Building Buffalo, New York 0 - () -00
Munschauer - Snider - // :: :: ::0 :: :: :: ::0 :: :: :: ::0 :: :: ::0 :: :: :: ::0 ::0 :: :: :: :: 0 Q. How so? A. Well, when you put on the brakes, I never knew that -- I never thought that the brakes were made of asbestos, it never even dawned on me, but you put on the brakes quite frequently. Q. And -- A. And the dust flies up. Q. And when you say put on the brakes, you mean the brakes of the engine, correct? A. Yes, those are air brakes. Q. Any other way that you think you may have been exposed to asbestos when you worked as a fireman for South Buffalo Railway other than the brakes from the engine? A. We used to take lunch in some of the buildings and there were guys working up on the pipes periodically in the junction and at the west side. Q. Do you know the names of any of these guys? Q. Do you know what their trade was, these guys? Liberty Building Buffalo, New York 0 - () -00
Munschauer - Snider - // :: :: :: :: :: ::0 :: :: :: :: ::0 :: :: :: :: :: :: :: :: :: ::00 ::0 ::0 0 Q. Do you know whether they were Bethlehem Steel employees? A. I couldn't tell you that. Q. So you don't know if they were Bethlehem Steel employees, outside contractors, you just know you remember seeing this? A. Yeah. Q. How close were you to any of these guys when you saw them doing their work? A. Well, I remember one time I was -- we had the benches by the, in the locker room, along the side I was sitting there, and maybe they were like 0 foot up on a ladder. Q. Other than recalling seeing them working on the pipes, do you remember what they were doing on the pipes? A. They were covering the pipes. Q. Do you know what the product was they were using to cover the pipes? A. No, I don't. Q. Do you know what ran in the pipes; what was going through the pipes? Liberty Building Buffalo, New York 0 - () -00
Munschauer - Snider - // ::0 ::0 :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: ::0 ::0 ::0 ::0 :: :: 0 A. I was thinking it must have been water, but I don't know. Q. Are you able to give me a description of the material that they were using to cover the pipes? Q. Do you remember seeing any of the boxes or bags that the material came out of? Q. And I want to make certain we're clear, you told me about this time when you were at your lockers or in the locker room and you saw these people 0 feet up working on a ladder working on the pipes and you didn't know any of the material, you couldn't give me a description, didn't know their names, and couldn't give me a description of the boxes or bags, is that true for every time you saw people working on pipes, you didn't know who they were, you couldn't give me a description of the boxes or bags? A. No, never knew who anybody was. Q. And you never knew what ran through any of the pipes that they were working on; is that Liberty Building Buffalo, New York 0 - () -00
Munschauer - Snider - // 0 :: right? :: :: :: :: ::0 :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: ::0 :: 0 Q. Okay. It's not right or I am right? A. You are right. Q. Okay. All right, then. Any other way you think you might have -- well, withdrawn. Do you know that those products that those people that were working on the pipes contained asbestos or you think it might have? MR. MORTON: Form. THE WITNESS: No, I don't. I don't know. BY MS. SNIDER: Q. Okay. You don't know one way or the other? Q. Okay. Any other way that you think you might have been exposed to asbestos when you were a fireman for South Buffalo Railway? A. Bricklayers. Q. Where did you see the bricklayers? A. By the BOF. Q. And what products did you see the Liberty Building Buffalo, New York 0 - () -00
Munschauer - Snider - // :: :: ::00 ::0 :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: 0 bricklayers working with? A. I don't know the products, but there were repair tracks over by the station and they would be, I don't know if you know what a sub is, it's the things that carry the hot steel, they would be in there repairing them taking the old brick out and putting new brick in. This would be on days when I worked over there, I could see them doing this stuff. Q. And the material that they were using in between the bricks, is that what you're talking about in terms of laying the material down, or did the bricks adhere to each other? A. I don't know. I know we would be sitting there waiting for our jobs and I would just be watching these guys doing -- you know, just looking around the plant and I noticed them guys working there all the time and just putting new brick in, probably because the steel would have probably melted the torpedo. Q. And then they were taking the old brick out? Liberty Building Buffalo, New York 0 - () -00
Munschauer - Snider - // ::00 ::0 ::0 :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: :: ::0 :: :: :: 0 Q. Any other way you think you might have been exposed to asbestos? A. Other than the brakes, and the bricks, and the -- Q. People working on -- A. -- the pipe coverings, it could have been -- it could have been asbestos anywhere in the steel plant. Q. After you stopped working as a switchman in -- or as a fireman in, you became a switchman -- Q. -- is that correct? Q. And you told me a little bit about what switchman did from your perspective as a fireman, which was they gave signals out to the fireman and the engineer. Q. Is that pretty much what a switchman did or did you do other stuff too? A. Well, we'd go to different mills to pick up different cars, bring them to different Liberty Building Buffalo, New York 0 - () -00