Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -1- Date: August 23, 2021
` Form: C01006
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF SAN FRANCISCO
`
`MINUTES
`
`
`August 23, 2021
`
`JAMES BOWLINE et al
`
` PLAINTIFF
`
`VS.
`
`ABB, INC. et al
`
` DEFENDANT
`
`
` Department: 305
`
`Case Number: CGC-20-276874
`
`Nature of Cause:
`
`ASBESTOS JURY TRIAL –
`DEFENDANT’S CASE
`
`
`
`Present:
`
`Judge: MARY E. WISS
`Reporter: Jennifer M. Roux CSR#11033
`T: 707.477.9599
`E: jenrouxcsr@gmail.com
`
`
`Clerk: JOHNNY SENGMANY
`Bailiff: NONE PRESENT
`
`Appearing for Plaintiff (s): Appearing for Defendant(s):
`Brent Zadorozny, Esq.
`SIMMONS HANLY CONROY
`455 Market Street, Suite 2220
`San Francisco, CA 94105
`
`Tel: (415) 536-3986
`E-mail: BZadorozny@simmonsfirm.com
`
`for Plaintiffs Janet Bowline, James Bowline
`
`John Rosenthal, Esq.
`BASSI, EDLIN, HUIE & BLUM LLP
`500 Washington Street, Suite 700
`San Francisco, CA 94111
`
`Tel: (415) 403-4423 |
`E-mail: jrosenthal@behblaw.com
`
`for Defendant Gould Electronics, Inc.
`
`
`
`
`This matter comes on calendar this day having been continued from August 20, 2021, for Jury
`Trial. The Court, Court personnel, Counsel are present. This morning’s proceedings are being
`reported.
`
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -2- Date: August 23, 2021
` Form: C01006
`9:33am – In session. All present. On the record. Mr. Rosenthal resumes examination of Alan
`Giacomin, who remains under oath.
`
`9:34am – Defendant’s exhibit #6021 ID/ (Dr. Alan Giacomin PowerPoint Presentation).
`
`10:11am – Mr. Rosenthal concludes direct examination; Mr. Zadorozny begins cross
`examination of Dr. Giacomin.
`
`10:30am – Mr. Rosenthal objects to Dr. Giacomin being shown photographs from the testimony
`of Dr. James Millette.
`
`10:35am – Outside the presence of the Jury, Sidebar.
`
`10:39am - Sidebar concludes, Mr. Zadorozny resumes cross examination.
`
`10:42am - Mr. Zadorozny concludes cross examination; Mr. Rosenthal begins re -direct
`examination of Dr. Giacomin.
`
`10:45am – Mr. Rosenthal concludes re-direct examination. The Court takes questions from the
`Jury. Outside the presence of the Jury, Sidebar.
`
`10:47am - Sidebar concludes, The Court poses questions from the Jury to Dr. Giacomin.
`
`10:50am - Dr. Giacomin is excused from the witness stand. Court is in recess until 11:01am.
`
`11:06am – Back in session. All present. On the record. Mr. Rosenthal calls Dr. Gabor Mezei to
`the witness stand who is sworn and begins direct examination.
`
`11:59am – The Court gives the standard admonition and is in recess until 1:30pm.
`
`12:01pm - Outside the presence of the Jury, The Court and Counsel discuss trial proceedings.
`Counsel represent a total of 1.5 hrs remaining with Dr. Mezei. The Court enquires about the
`deposition of Dr. Van Orden. Counsel notices the Court depositions is complete and examination
`to begin after the video deposition testimony of Mr. Bowline.
`
`1:27pm – In session. All present. On the record. Outside the presence of the Jury, The Court and
`Counsel discuss Dr. Mezei’s power point exhibit to be used. The Court will allow use of power
`point exhibit with modifications.
`
`1:36pm – Back in session. All present. On the record. Mr. Rosenthal resumes direct examination
`of Dr. Gobar Mezei, who remains under oath.
`
`1:58pm – Mr. Rosenthal concludes direct examination; Mr. Zadorozny begins cross examination
`of Dr. Mezei.
`
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -3- Date: August 23, 2021
` Form: C01006
`2:05pm – Plaintiff’s exhibit #93 ID/ (Article written by Dr. Gobar Mezei)
`
`2:14pm – Plaintiff’s exhibit #55 ID/ (Article: “Mesothelioma Risk From Chrysotile” –
`J.T. Hodgson and A. Darton – 2009 (online)).
`
`2:22pm – Plaintiff’s exhibit #70 ID/ (Article re role of associate fibers)
`
`2:32pm – Plaintiff’s exhibit #231 ID/ (Mortality Among Workers at a Plastics
`Manufacturing and Research and Development Facility: 1946-1988, American Journal of
`Industrial Medicine 28:373-384 (1995) (1995 00 00) ).
`
`2:36pm – Plaintiff’s exhibit #263 ID/ (The Carcinogenicity of Chrysotile Asbestos-A
`Review. Industrial Health 2001. 39. 57-63 (2001 00 00)).
`
`2:38pm – Plaintiff’s exhibit #264 ID/ (Cancer Mortality Among Workers Exposed to
`Amphibole-free Chrysotile Asbestos, American Journal of Epidemiology. Vol. 154, No. 6. (2001
`00 00)).
`
`2:40pm – Plaintiff’s exhibit #280 ID/ (Risk of Mesothelioma Among Women Living
`Near Chrysotile Mines Versus US EPA Asbestos Risk Model: Preliminary Findings, Ann Occup
`Hyg, 16(1); 95-98 (2002 00 00)).
`
`2:41pm – The Court gives the standard admonition and is recess until 2:52pm.
`
`2:55pm - Back in session. All present. On the record. Mr. Zadorozny resumes cross examination
`of Dr. Mezei, who remains under oath.
`
`3:00pm – Plaintiff’s exhibit #292 ID/ (Cohort Studies on Cancer Mortality Among
`Workers Exposed Only to Chrysotile Asbestos: A Meta-Analysis, Biomedical & Envtl. Sci.
`17:459-68 (2004) (2004 00 00) ).
`
`3:04pm – Mr. Zadorozny concludes cross examination; Mr. Rosenthal begins re-direct
`examination of Dr. Mezei.
`
`3:07pm - Mr. Rosenthal concludes re-direct examination; Mr. Zadorozny begins re-cross
`examination of Dr. Mezei.
`
`3:10pm - The Court takes questions from the Jury. Outside the presence of the Jury, Sidebar.
`
` 3:13pm - Sidebar concludes, The Court poses questions from the Jury to Dr. Mezei.
`
`3:15pm - Dr. Mezei is excused from the witness stand.
`
`3:16pm – The Court notices the Jury that it is returning to the testimony of James A. Bowline via
`video deposition, playback begins at 58:43.
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -4- Date: August 23, 2021
` Form: C01006
`4:05pm – The Court gives the standard admonition to the Jury and excuses them for the evening.
`Jurors ordered to return on Tuesday August 24, 2021 at 9:30am.
`
`4:06pm – Court is in recess until 4:12pm.
`
`4:12pm – Back in session off the record. The Court and Counsel discuss exhibits mentioned in
`Mr. Bowline’s deposition. The Court proffers grouping the exhibits and labeling them “group
`exhibits used in the deposition of James A. Bowline”.
`
`4:14pm – On the record, The Court and Counsel discuss deposition of Dr. Van Orden. Mr. Huie
`represents to the Court deposition has been completed. Mr. Zadorozny would’ve liked more time
`but can examine him on deposition taken in the time allowed. The Court will allow Dr. Van
`Orden to testify as to tests he conducted on Gould parts. Plaintiff are given free range for cross-
`examination. Mr. Zadorozny moves for a standing objection to the testimony Dr. Van Orden.
`The Court GRANTS Mr. Zadorozny’s Motion for Standing objection to the testimony of Dr.
`Van Orden.
`
`4:18pm – The Court and Counsel discuss Defendant’s Motion for Directed verdict, and Motion
`for directed verdict regarding damages claim. The Court hears argument.
`
`4:32pm - The Court rules as follows, Defendant’s Motion for Directed regarding exposure
`verdict is DENIED. Defendant’s Motion for directed verdict regarding punitive damages claim
`is DENIED.
`
`4:34pm – The Court and Counsel discuss issue at sidebar regarding the Dr. Millete’s power point
`shown to Dr. Mezei during his testimony.
`
`4:35pm – Matter is CONTINUED to Tuesday August 24, 2021, at 9:00am for Jury Trial
`/Defendant’s case. Jurors ordered to return at 9:30am.
`
`Court adjourned.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -5- Date: August 23, 2021
` Form: C01006
`
`
`
`
`
`
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`
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -1- Date: August 23, 2021
` Form: C01006
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF SAN FRANCISCO
`
`MINUTES
`
`
`August 23, 2021
`
`JAMES BOWLINE et al
`
` PLAINTIFF
`
`VS.
`
`ABB, INC. et al
`
` DEFENDANT
`
`
` Department: 305
`
`Case Number: CGC-20-276874
`
`Nature of Cause:
`
`ASBESTOS JURY TRIAL –
`DEFENDANT’S CASE
`
`
`
`Present:
`
`Judge: MARY E. WISS
`Reporter: Jennifer M. Roux CSR#11033
`T: 707.477.9599
`E: jenrouxcsr@gmail.com
`
`
`Clerk: JOHNNY SENGMANY
`Bailiff: NONE PRESENT
`
`Appearing for Plaintiff (s): Appearing for Defendant(s):
`Brent Zadorozny, Esq.
`SIMMONS HANLY CONROY
`455 Market Street, Suite 2220
`San Francisco, CA 94105
`
`Tel: (415) 536-3986
`E-mail: BZadorozny@simmonsfirm.com
`
`for Plaintiffs Janet Bowline, James Bowline
`
`John Rosenthal, Esq.
`BASSI, EDLIN, HUIE & BLUM LLP
`500 Washington Street, Suite 700
`San Francisco, CA 94111
`
`Tel: (415) 403-4423 |
`E-mail: jrosenthal@behblaw.com
`
`for Defendant Gould Electronics, Inc.
`
`
`
`
`This matter comes on calendar this day having been continued from August 20, 2021, for Jury
`Trial. The Court, Court personnel, Counsel are present. This morning’s proceedings are being
`reported.
`
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -2- Date: August 23, 2021
` Form: C01006
`9:33am – In session. All present. On the record. Mr. Rosenthal resumes examination of Alan
`Giacomin, who remains under oath.
`
`9:34am – Defendant’s exhibit #6021 ID/ (Dr. Alan Giacomin PowerPoint Presentation).
`
`10:11am – Mr. Rosenthal concludes direct examination; Mr. Zadorozny begins cross
`examination of Dr. Giacomin.
`
`10:30am – Mr. Rosenthal objects to Dr. Giacomin being shown photographs from the testimony
`of Dr. James Millette.
`
`10:35am – Outside the presence of the Jury, Sidebar.
`
`10:39am - Sidebar concludes, Mr. Zadorozny resumes cross examination.
`
`10:42am - Mr. Zadorozny concludes cross examination; Mr. Rosenthal begins re -direct
`examination of Dr. Giacomin.
`
`10:45am – Mr. Rosenthal concludes re-direct examination. The Court takes questions from the
`Jury. Outside the presence of the Jury, Sidebar.
`
`10:47am - Sidebar concludes, The Court poses questions from the Jury to Dr. Giacomin.
`
`10:50am - Dr. Giacomin is excused from the witness stand. Court is in recess until 11:01am.
`
`11:06am – Back in session. All present. On the record. Mr. Rosenthal calls Dr. Gabor Mezei to
`the witness stand who is sworn and begins direct examination.
`
`11:59am – The Court gives the standard admonition and is in recess until 1:30pm.
`
`12:01pm - Outside the presence of the Jury, The Court and Counsel discuss trial proceedings.
`Counsel represent a total of 1.5 hrs remaining with Dr. Mezei. The Court enquires about the
`deposition of Dr. Van Orden. Counsel notices the Court depositions is complete and examination
`to begin after the video deposition testimony of Mr. Bowline.
`
`1:27pm – In session. All present. On the record. Outside the presence of the Jury, The Court and
`Counsel discuss Dr. Mezei’s power point exhibit to be used. The Court will allow use of power
`point exhibit with modifications.
`
`1:36pm – Back in session. All present. On the record. Mr. Rosenthal resumes direct examination
`of Dr. Gobar Mezei, who remains under oath.
`
`1:58pm – Mr. Rosenthal concludes direct examination; Mr. Zadorozny begins cross examination
`of Dr. Mezei.
`
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -3- Date: August 23, 2021
` Form: C01006
`2:05pm – Plaintiff’s exhibit #93 ID/ (Article written by Dr. Gobar Mezei)
`
`2:14pm – Plaintiff’s exhibit #55 ID/ (Article: “Mesothelioma Risk From Chrysotile” –
`J.T. Hodgson and A. Darton – 2009 (online)).
`
`2:22pm – Plaintiff’s exhibit #70 ID/ (Article re role of associate fibers)
`
`2:32pm – Plaintiff’s exhibit #231 ID/ (Mortality Among Workers at a Plastics
`Manufacturing and Research and Development Facility: 1946-1988, American Journal of
`Industrial Medicine 28:373-384 (1995) (1995 00 00) ).
`
`2:36pm – Plaintiff’s exhibit #263 ID/ (The Carcinogenicity of Chrysotile Asbestos-A
`Review. Industrial Health 2001. 39. 57-63 (2001 00 00)).
`
`2:38pm – Plaintiff’s exhibit #264 ID/ (Cancer Mortality Among Workers Exposed to
`Amphibole-free Chrysotile Asbestos, American Journal of Epidemiology. Vol. 154, No. 6. (2001
`00 00)).
`
`2:40pm – Plaintiff’s exhibit #280 ID/ (Risk of Mesothelioma Among Women Living
`Near Chrysotile Mines Versus US EPA Asbestos Risk Model: Preliminary Findings, Ann Occup
`Hyg, 16(1); 95-98 (2002 00 00)).
`
`2:41pm – The Court gives the standard admonition and is recess until 2:52pm.
`
`2:55pm - Back in session. All present. On the record. Mr. Zadorozny resumes cross examination
`of Dr. Mezei, who remains under oath.
`
`3:00pm – Plaintiff’s exhibit #292 ID/ (Cohort Studies on Cancer Mortality Among
`Workers Exposed Only to Chrysotile Asbestos: A Meta-Analysis, Biomedical & Envtl. Sci.
`17:459-68 (2004) (2004 00 00) ).
`
`3:04pm – Mr. Zadorozny concludes cross examination; Mr. Rosenthal begins re-direct
`examination of Dr. Mezei.
`
`3:07pm - Mr. Rosenthal concludes re-direct examination; Mr. Zadorozny begins re-cross
`examination of Dr. Mezei.
`
`3:10pm - The Court takes questions from the Jury. Outside the presence of the Jury, Sidebar.
`
` 3:13pm - Sidebar concludes, The Court poses questions from the Jury to Dr. Mezei.
`
`3:15pm - Dr. Mezei is excused from the witness stand.
`
`3:16pm – The Court notices the Jury that it is returning to the testimony of James A. Bowline via
`video deposition, playback begins at 58:43.
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -4- Date: August 23, 2021
` Form: C01006
`4:05pm – The Court gives the standard admonition to the Jury and excuses them for the evening.
`Jurors ordered to return on Tuesday August 24, 2021 at 9:30am.
`
`4:06pm – Court is in recess until 4:12pm.
`
`4:12pm – Back in session off the record. The Court and Counsel discuss exhibits mentioned in
`Mr. Bowline’s deposition. The Court proffers grouping the exhibits and labeling them “group
`exhibits used in the deposition of James A. Bowline”.
`
`4:14pm – On the record, The Court and Counsel discuss deposition of Dr. Van Orden. Mr. Huie
`represents to the Court deposition has been completed. Mr. Zadorozny would’ve liked more time
`but can examine him on deposition taken in the time allowed. The Court will allow Dr. Van
`Orden to testify as to tests he conducted on Gould parts. Plaintiff are given free range for cross-
`examination. Mr. Zadorozny moves for a standing objection to the testimony Dr. Van Orden.
`The Court GRANTS Mr. Zadorozny’s Motion for Standing objection to the testimony of Dr.
`Van Orden.
`
`4:18pm – The Court and Counsel discuss Defendant’s Motion for Directed verdict, and Motion
`for directed verdict regarding damages claim. The Court hears argument.
`
`4:32pm - The Court rules as follows, Defendant’s Motion for Directed regarding exposure
`verdict is DENIED. Defendant’s Motion for directed verdict regarding punitive damages claim
`is DENIED.
`
`4:34pm – The Court and Counsel discuss issue at sidebar regarding the Dr. Millete’s power point
`shown to Dr. Mezei during his testimony.
`
`4:35pm – Matter is CONTINUED to Tuesday August 24, 2021, at 9:00am for Jury Trial
`/Defendant’s case. Jurors ordered to return at 9:30am.
`
`Court adjourned.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case Number: CGC-20-276874
`Case Title: JAMES BOWLINE ET AL VS. ABB, INC. ET AL
` -5- Date: August 23, 2021
` Form: C01006
`
`
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