IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`
`
`JOYCE KENNEDY, Administratrix of the
`Estate of Paul Reynolds, deceased,
`
`Plaintiff,
`
`v.
`
`
`A.W. CHESTERTON COMPANY, et al.,
`
`Defendants.
`
`
`
`
`
`
`
` CIVIL DIVISION – ASBESTOS
`
`G.D. No. 20-002010
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S RESPONSE IN
`OPPOSITION TO DEFENDANT JOY
`GLOBAL SURFACE MINING INC.’S
`MOTION FOR SUMMARY
`JUDGMENT BASED ON THE
`STATUTE OF REPOSE
`
`
`
`
`
`Filed on Behalf of Plaintiff:
`Counsel of Record for this Party:
`
`
`
`
`
`
`
`
`Jason T. Shipp, Esquire
`PA ID No. 87471
`Leif J. Ocheltree, Esquire
`PA ID No. 163508
`
`Goldberg, Persky & White, P.C.
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222
`Phone: (412) 471-3980
`Facsimile: (412) 471-8308
`
`Firm # 744
`
`
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`
`JOYCE KENNEDY, Administratrix of the
`Estate of Paul Reynolds, deceased,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`A.W. CHESTERTON COMPANY, et al.,
`
`
`
`Defendants.
`
`CIVIL DIVISION – ASBESTOS
`
`G.D. No. 20-002010
`
`Code 012 – Asbestos
`
`
`JURY TRIAL DEMANDED
`
`
`PLAINTIFF’S RESPONSE IN OPPOSITION
` TO DEFENDANT JOY GLOBAL SURFACE MINING INC.’S
` MOTION FOR SUMMARY JUDGMENT BASED ON THE STATUTE OF REPOSE
`
`Plaintiff, by and through their undersigned counsel, responds to Defendant Joy Global
`
`Surface Mining, Inc.’s (“JGSM”) Motion for Summary Judgment Based on the Pennsylvania
`
`Statute of Repose, 42 Pa.C.S.A. §5536. JGSM contends that Plaintiff’s claims against it are
`
`barred by the Statute of Repose. However, it is Plaintiff’s position that (1) JGSM has failed to
`
`show that the cranes it supplied to Plaintiff’s worksite are an improvement to real property and
`
`(2) though it is not their burden, Plaintiff has affirmatively shown that JGSM’s overhead cranes
`
`were not improvements to real property. Hence JGSM is not protected by the Statute of Repose.
`
`ARGUMENT
`
`JGSM has failed to its burden under the Statute of Repose.
`
`A.
`
`
`A defense under the Statute of Repose is an affirmative one wherein the party asserting it
`
`has the burden of proof. The Supreme Court of Pennsylvania has stated that a party seeking
`
`protection by means of the Statute of Repose must show:
`
`(1)
`
`what is supplied is an improvement to real property;
`
`
`
`
`
`2
`
`

`

`(2)
`
`more than twelve years have elapsed between the completion of the
`improvements to the real estate and the injury; and
`
`
`
`(3)
`
`the activity of the moving party must be within the class which is protected by the
`statute.
`
`Noll v. Harrisburg Area YMCA, 537 Pa. 274, 281, 643 A.2d 81, 84 (1994). To determine
`
`whether an object is an improvement to real property, “a court must make an objective
`
`determination of whether [the] object is a fixture for the purposes of § 5536”. Noll, 537 Pa. at
`
`288, 643 A.2d at 88. Further,
`
`The considerations in making such a determination may include: the degree to
`which and manner in which the object is attached to real property; the ease of
`removing the object; whether the object may be removed without damaging the
`real property; how long the object has been attached to the real property; whether
`the object is necessary or essential to the real property; and the conduct of the
`party and whether it evidences an intent to permanently attach the object to the
`realty.
`
`
`Id.
`
`
`JGSM claims that the record in this case shows it is protected by the statute of repose.
`
`However, it is Plaintiffs’ position that (1) the overhead cranes at US Steel Homestead were not
`
`“attached” to real property, (2) the overhead cranes at US Steel Homestead “ran” on rails and
`
`hence manifestly were not fixtures, (3) the overhead cranes at US Steel Homestead could be
`
`removed without damaging real property, (4) no individual overhead crane at US Steel
`
`Homestead was “essential” to real property, and (5) the conduct of JGSM does not evidence an
`
`intent to permanently attach its cranes to realty. Hence JGSM’s Motion should be denied.
`
`1.
`The overhead cranes at US Steel Homestead were not “attached” to real
`property.
`
`
`
`The sine qua non of a determination that something is an improvement to real property
`
`under the Statue of Repose is that it is “attached” to real property. See Noll, supra, 537 Pa. at
`
`
`
`3
`
`

`

`288, 643 A.2d at 88. But, the overhead cranes at US Steel Homestead were not “attached” to
`
`real property—they ran on rails. See Excerpts from the Transcript of the March 6th 2020
`
`Deposition of Robert P. Noroski, attached as Exhibit A, at 156-157, 170 (testifying that the
`
`overhead cranes at US Steel Homestead ran on rails with wheels); Excerpts from the Transcript
`
`of the June 24th, 2020 Deposition of Robert A. Sabol, attached as Exhibit B, at 126 (same);
`
`Excerpts from the Transcript of the June 25th, 2020 Deposition of Robert A. Sabol, attached as
`
`Exhibit C, at 146 (testifying that overhead cranes were not attached to a building); Excerpts from
`
`the Transcript of the August 3rd, 2020 Deposition of Elmer Pitchford, attached as Exhibit D, at
`
`255-56 (testifying that overhead cranes at US Steel Homestead ran on rails attached to girders
`
`which were attached to beams).
`
`There is no description of “the degree to which and manner in which” the overhead
`
`cranes were held down on these rails other than (one assumes) gravity. Cf. Noll, 537 Pa. at 288,
`
`643 A.2d at 88. JGSM’s overhead cranes were not attached to any real estate; they ran on rails
`
`attached to a girder by clips with a single nut. Not being attached to real property, only riding on
`
`rails attached with clip to a girder, the overhead cranes are not improvements to real property,
`
`and hence JGSM is not protected by the Statute of Repose. For this reason alone, its Motion
`
`should be denied.
`
`2.
`
`The overhead cranes at US Steel Homestead “ran” on rails and hence
`manifestly are not fixtures.
`
`
`The Supreme Court of Pennsylvania has equated an “improvement to real property” as a
`
`“fixture”. See Noll, 537 Pa. at 288, 643 A.2d at 88. Black’s Law Dictionary defines a fixture as
`
`“personal property that is attached to land or a building and that is regarded as an irremovable
`
`part of the real property, such as a fireplace built into a home.” Id. 713 (9th ed. 2009). Overhead
`
`
`
`4
`
`

`

`cranes are very unlike an irremovable part of real estate like a fireplace because (1) they move
`
`along rails1, and (2) they are removable from the rails.
`
`All the cranes at US Steel Homestead could be taken down off the rails. See Exhibit C at
`
`146. Hence, JGSM’s overhead cranes were not fixtures, and therefore it is not protected by the
`
`Statute of Repose in this action. Hence, its Motion should be denied.
`
`3.
`
`The overhead cranes at US Steel Homestead could be removed without
`damaging real property.
`
`
`
`Plaintiffs have already quoted Mr. Sabol concerning how overhead cranes were removed
`
`from the rails. See supra at 5. There is no description of real property being damaged in this
`
`narrative. Certainly, JGSM offers none. Hence, JGSM’s Motion should be denied.
`
`4.
`
`No individual overhead crane at US Steel Homestead was “essential” to real
`property.
`
`
`
`The Court is being asked whether a given JGSM overhead crane at US Steel Homestead
`
`was a fixture and hence an improvement to real property. Hence, the question before the Court
`
`in relation to this element of the Noll analysis is not whether, as a class, overhead cranes were
`
`essential to real property; the question is instead whether a given single overhead crane was
`
`essential to real property. The record shows that any given crane was not.
`
`No single crane was essential to US Steel Homestead. See Excerpts from the Transcript
`
`of the March 5th 2020 Deposition of Robert P. Noroski, attached as Exhibit E, at 122-23 (stating
`
`that all cranes had back ups in case it broke down); Exhibit C at 147 (testifying that if a crane
`
`broke down another would take its place. Hence, it cannot be contested that no single overhead
`
`
`1 See supra. One certainly would not describe a functioning locomotive as a fixture or an
`improvement to real property, yet overhead cranes are essentially locomotives operating on rails
`raised above ground.
`
`
`
`5
`
`

`

`crane at US Steel Homestead was essential to real property. Hence, JGSM’s Motion should be
`
`denied.
`
`The conduct of JGSM does not evidence an intent to permanently attach its
`5.
`cranes to realty.
`
`
`
`Finally, JGSM is unable to point to conduct that evidences an intent to permanently its
`
`cranes to realty.2 Hence, its Motion should be denied.
`
`Though it is not his burden, Plaintiff has affirmatively shown that JGSM’s overhead
`B.
`cranes were not improvements to real property.
`
`
`In summary, JGSM has failed to offer relevant evidence, as it must, to demonstrate that
`
`under the six Noll factors that its overhead cranes were fixtures and hence, improvements to real
`
`property. On the other hand, though it is not his burden, Plaintiff has affirmatively shown that,
`
`pursuant to Noll, a given JGSM overhead crane was not an improvement to real property. The
`
`Statute of Repose therefore does not shield JGSM from Plaintiff’s claims in this matter. Hence,
`
`its Motion should be denied.
`
`
`
`
`For the foregoing reasons, Defendant’s Motions for Summary Judgment should be
`
`CONCLUSION
`
`denied.
`
`Dated: January 15, 2021
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`GOLDBERG, PERSKY & WHITE, P.C.
`
`
`
` By: /s/ Jason T. Shipp
`Jason T. Shipp, Esquire
`PA ID No. 87471
`jshipp@gpwlaw.com
`Leif J. Ocheltree, Esquire
`PA ID No. 163508
`
`
`
`
`2 Of course this would be impossible, because its cranes are not attached to real property in the
`first place.
`
`
`
`6
`
`

`

`locheltree@gpwlaw.com
`
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222
`(412) 471-3980
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Counsel for Plaintiffs
`
`7
`
`
`
`
`
`
`
`

`

` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
` - - -
`ROBERT P. NOROSKI, No. GD-19-017117
`
`ROBERT A. SABOL, and No. GD-20-000749
`MARSHA SABOL, his wife,
`
`SUZANNE SULLIVAN, Executrix No. GD-19-011358
`of the Estate of JOHN SULLIVAN,
`Deceased, and SUZANNE SULLIVAN,
`in her own right,
`
`WESLEY C. STOUT, SR., and No. GD-20-001022
`ELIZABETH STOUT, his wife,
`
` Plaintiffs,
`
`vs.
`
`A. O. SMITH CORPORATION,
`et al.,
`
` Defendants.
`
` - - -
`
` VIDEOTAPED DEPOSITION OF ROBERT P. NOROSKI
`
` DEPOSITION DATE: MARCH 6, 2020
`
` VOLUME II
`
`Electronically signed by Stacie Fouty (501-263-203-6649)
`
`89f7355c-c48c-4fab-8ee6-a2af32008971
`
`

`

`Page 154
` Q. That's okay. Yeah. Do you have any personal
`knowledge that when you were at Wheel & Axle during that
`four- to six-week period replacing track outside that you
`were exposed to any asbestos?
` A. No.
` Q. All right. And the other facility was the
`Duquesne Works?
` A. Yes.
` Q. And I understand your testimony from
`yesterday that you would go there for classroom work,
`correct?
` A. Yes.
` Q. And as part of your training to become a
`welder, you would have on-the-job training in that
`classroom?
` A. Yes.
` Q. And that when you went to Duquesne, it's my
`understanding from your testimony yesterday that you
`never went into any of the production facilities; is that
`correct?
` MR. DORING: Objection.
` THE WITNESS: Yes. I never did.
`BY MR. CLEMENTS:
` Q. And you would have gone to Duquesne on
`Page 155
`
`various occasions -- I know you testified about it
`yesterday. I'm not going to rehash it. But you would go
`to Duquesne at certain periods during that three-year
`period of 1978 to 1981?
` A. Yes.
` Q. So, you know, again, putting aside what
`anybody else may have told you, without assuming anything
`or without guessing or speculating, do you believe that
`you were exposed to any asbestos when you were at the
`Duquesne Works?
` A. Not that I'm aware of.
` MR. CLEMENTS: Mr. Noroski, I want to thank
`you very much for your time and patience in answering my
`questions. I really appreciate it --
` THE WITNESS: Thank you.
` MR. CLEMENTS: -- but I'm going to turn my
`questioning over to some other lawyers if they have some
`for you today.
` THE WITNESS: Okay. Thank you.
` MR. CLEMENTS: Thank you, sir.
` THE WITNESS: Sorry about rambling.
` MR. CLEMENTS: That's okay.
` THE VIDEOGRAPHER: Off the record. The time
`is 1:50.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
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`20
`21
`22
`23
`24
`
`Page 156
`
` (Brief pause.)
` THE VIDEOGRAPHER: On the record. The time
`is 1:53.
` E X A M I N A T I O N
`BY MR. BRYSON:
` Q. Good afternoon, sir.
` A. Good afternoon.
` Q. My name is Colby Bryson. I'm going to have a
`series of questions for you. I don't think I'll be all
`that long. I want to talk to you about overhead cranes.
` A. Correct.
` Q. Am I correct that those are fairly large
`structures?
` A. Extremely large.
` Q. And the cabs on these cranes, they were
`located not floor level but high up near the ceiling?
` A. Yes.
` Q. And the overhead cranes ran on rails,
`correct?
` A. Yes.
` Q. And the rails were connected or attached to
`the building itself?
` A. Yes.
` Q. Were the overhead cranes pretty important to
`Page 157
`
`1
`the operation of the mill?
`2
` A. Yes, but there was also usually a reserve on
`3 most of them.
`4
` Q. Reserve? What do you mean by that?
`5
` A. In other words, they -- sometimes they didn't
`6 work all two of them or three of them at one time.
`7
` Q. So there --
`8
` A. Some of them might have been parked, not
`9 working.
`10
` Q. Right. Overall, though, without any overhead
`11
`cranes could the mill have operated efficiently?
`12
` MR. DORING: Objection.
`13
` THE WITNESS: I think, but it would have been
`14
`a lot harder.
`15
`BY MR. BRYSON:
`16
` Q. What types of tasks did -- what purpose did
`17
`the overhead cranes serve? To move fairly large and
`18
`heavy items?
`19
` A. Yes. Yes.
`20
` Q. Did you ever see any overhead cranes removed
`21
`from the facility?
`22
` And I'm not talking just component parts.
`23
`I'm talking about the entire crane itself.
`24
` A. No.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`
`1
`2
`3
`4
`5
`6
`7
`8
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`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`
`40 (Pages 154 to 157)
`
`Electronically signed by Stacie Fouty (501-263-203-6649)
`
`89f7355c-c48c-4fab-8ee6-a2af32008971
`
`

`

`Page 170
`1
` A. On the main section of the -- no. The cabs
`2 were very small.
`3
` Q. So you weren't in the cab?
`4
` A. I was never in the cabs.
`5
` Q. Okay. And you said -- what other duties were
`6
`they doing? What else would they be doing if they
`7 weren't changing brakes?
`8
` What other kinds of maintenance activities
`9 were being done?
`10
` A. Changing wheels, the wheels that were going
`11
`on the rails.
`12
` Q. Okay.
`13
` A. Working on some electrical parts, taking
`14
`electrical parts off, fuse boxes.
`15
` Q. And the tradesmen that did this you said were
`16
`the millwrights?
`17
` A. Millwrights.
`18
` Q. Electricians?
`19
` A. Yes.
`20
` Q. All right.
`21
` A. Motor inspectors.
`22
` Q. Did the motor inspectors actually do the work
`23
`or just review and inspect the motor and test it, things
`24
`of that nature?
`
`1
`2
`3
`4
`5
`6
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`8
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`22
`23
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`
`Page 172
`
` A. I'm not sure. I don't know that.
` Q. Excuse me. Do you have any idea of the
`variance in capabilities of the cranes, like were they 5
`tons to 50 tons?
` A. No, sir.
` Q. Again, you have no knowledge of any model
`numbers or serial numbers; is that correct?
` A. No.
` Q. And color? Same thing? They didn't have a
`specific color?
` A. No. Everything looked orange in that place,
`just -- if it came in looking yellow, it all was dirty,
`and there was one color of dirt.
` Q. When they came in, you said they were looking
`yellow?
` A. I'm just saying a new part might be --
` Q. Oh, clean?
` A. Clean. Everything else was dirt.
` Q. Did you have any responsibilities for
`ordering any of the materials or parts for the Cleveland
`cranes?
` A. No, sir.
` Q. Do you know who supplied materials, parts or
`component parts for the Cleveland cranes?
`
`Page 171
` A. On outages we were up on cranes a lot, and a
`lot of times -- a lot of times we just sat there.
` We got on jobs, and they said, "Are you the
`welder?"
` "Yeah."
` "Okay. You just stay right here. Go up on
`the crane and stay up there with them guys. If we need
`you, we'll call you."
` Q. So you were kind of on call if necessary?
` A. No. I was on the job.
` Q. I mean -- but you weren't particularly
`working?
` A. Right. But a lot of times guys would leave
`to go down to the payphone. They didn't have the cell
`phones then. And guys were struggling and stuff, so I
`just helped.
` Q. How often did this occur on a weekly basis?
` A. On a weekly basis? I basically just worked
`on the cranes on outages -- mostly on outages, because
`there was never too many breakdowns, and when they had a
`breakdown, they usually had a reserve crane.
` Q. And was -- the reserve crane, did it always
`have to be the same model as the crane that was -- it was
`replacing?
`
`1
`2
`3
`4
`5
`6
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`8
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`11
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`21
`22
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`24
`
`Page 173
`
`1
` A. The manufacturers.
`2
` Q. Are you sure about that, or are you just
`3
`speculating?
`4
` A. No. That would be my assumption.
`5
` Q. And what's that based upon?
`6
` A. You wouldn't go --
`7
` Q. I'm sorry?
`8
` A. You wouldn't go to a Ford dealer to get Chevy
`9
`brakes, right? I don't know. I'm not trying to be --
`10
` Q. No, no, no. I appreciate it.
`11
` The model -- the brakes specifically, you
`12
`said. Do you know where the brakes came from? Did you
`13
`ever see them?
`14
` A. Yeah, I handled them.
`15
` Q. I mean in boxes?
`16
` A. No.
`17
` Q. Did you ever --
`18
` A. I handled them coming on and off.
`19
` Q. Okay. And, again, you never physically
`20 worked on any of the cranes other than the welding; is
`21
`that correct?
`22
` A. No.
`23
` Q. And helping?
`24
` A. I helped --
`
`44 (Pages 170 to 173)
`
`Electronically signed by Stacie Fouty (501-263-203-6649)
`
`89f7355c-c48c-4fab-8ee6-a2af32008971
`
`

`

`Page 1
`
`Page 3
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` - - -
`
` - - -
`
`ROBERT A. SABOL and NO. GD-20-000749
`MARSHA SABOL, his wife,
`
`ROBERT P. NOROSKI, NO. GD-19-017117
`
` Plaintiffs,
`
`vs.
`
`A. O. SMITH CORPORATION,
`et al.,
`
` Defendants.
`
` - - -
`
` Plaintiff,
`
`vs.
`
`A. O. SMITH CORPORATION, ET AL.,
`
` Defendants.
`
` - - -
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` WEDNESDAY, JUNE 24, 2020
`
` WEDNESDAY, JUNE 24, 2020
`
` - - -
`
` VOLUME II
`
` - - -
`
` - - -
`
` VOLUME II
`
` - - -
`
`Page 2
`
`Page 4
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` - - -
`
` - - -
`
`STEPHEN W. JOHNSON, and NO. GD-20-006199
`TRACY JOHNSON, his wife,
`
`WESLEY C. STOUT, SR., and NO. GD-20-001022
`ELIZABETH STOUT, his wife,
`
` Plaintiffs,
`
`vs.
`
`600 GRANT STREET ASSOCIATION
`LIMITED PARTNERSHIP, ET AL.,
`
` Defendants.
`
` - - -
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` WEDNESDAY, JUNE 24, 2020
`
` - - -
`
` VOLUME II
`
` - - -
`
`Plaintiffs,
`
`vs.
`
`A. O. SMITH CORPORATION, ET AL.,
`
`Defendants.
`
` - - -
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` WEDNESDAY, JUNE 24, 2020
`
` - - -
`
` VOLUME II
`
` - - -
`
`Electronically signed by Stacie Fouty (501-263-203-6649)
`
`847a2de7-1849-4180-a476-62f7fc02d288
`
`1 (Pages 1 to 4)
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`

`

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`Page 125
` MR. KRUPER: This is Paul Kruper. I'd be
`glad to go next.
` MR. DORING: Go ahead.
` MR. KRUPER: Hi, Mr. Sabol. Can you hear me
`okay?
` THE WITNESS: Yeah. Oh, you're breaking up
`now.
` MR. KRUPER: Is this any better now?
` MR. DORING: It might be somebody else, I
`don't know, but we're hearing some feedback.
` MR. KRUPER: Is this any better?
` THE WITNESS: That sounds like you're in a
`tunnel.
` MR. KRUPER: How about -- let's do this: Let
`somebody else go next. I'll get on my landline and call
`in on the landline and go after that person. Sorry about
`that.
` THE WITNESS: That's all right.
` MR. BRYSON: This is Colby Bryson. I can go.
` E X A M I N A T I O N
`BY MR. BRYSON:
` Q. Sir, can you hear me okay?
` A. Yes.
` Q. If at any point you can't, just let me know.
`Page 126
`I want to talk to you about overhead cranes. So,
`generally, overhead cranes at U.S. Steel Homestead, these
`are large metal structures, right?
` A. Right.
` Q. And they ran on rails that were attached to
`the side of the building?
` A. Right.
` Q. And these overhead cranes, they were high up
`near the ceiling, correct?
` A. Well, close to it, yeah.
` Q. Okay. Are you able to estimate on average
`how high up we're talking from the floor in terms of
`feet?
` A. It depends where you're talking. I mean, in
`the stockyard there was probably maybe 30, 40 feet. If
`you're out over getting the scrap up, you're talking 60,
`70 feet.
` Q. So it varies?
` A. Yeah.
` Q. Were these overhead cranes generally pretty
`important to the operations of the mill?
` A. Couldn't do without them.
` Q. Okay. You don't know when any of the
`overhead cranes were installed, do you?
`
`Page 127
`1
` A. I don't know when they were installed. They
`2 were there when I got there.
`3
` Q. Okay. And you never saw any removed, did
`4
`you?
`5
` A. Not really removed. We saw one taken down
`6
`one time to redo it.
`7
` Q. Okay. When you say "taken down," what do you
`8 mean?
`9
` A. Well, they had to bring down the whole --
`10
`basically the crane, and they, like, rebuilt it and then
`11
`put it back up. It was easier doing it on the ground
`12
`than in the air.
`13
` Q. Okay. They put it back up on the rails?
`14
` A. Right.
`15
` Q. All right. The rails themselves weren't
`16
`removed as part of that process, were they?
`17
` A. No. They were -- you couldn't mess with
`18
`them. They were right on the --
`19
` Q. You don't know the maintenance history of the
`20
`overhead cranes, do you?
`21
` When I say that, I mean, you don't know if
`22
`any component parts were removed or replaced before you
`23
`got to the mill, do you?
`24
` A. No.
`
`Page 128
`1
` Q. I want to specifically now focus on a
`2 manufacturer that you identified yesterday as Alliance.
`3 You mentioned Alliance cranes in conjunction with
`4 U.S. Steel Homestead.
`5
` That's the only place that you can testify
`6
`that there were specifically Alliance cranes out of the
`7 U.S. facilities that you went to; is that fair?
`8
` A. Yeah.
`9
` Q. I'm going to strictly focus on Alliance
`10
`cranes at Homestead.
`11
` You don't know the specific number of cranes
`12
`that were at Alliance, do you?
`13
` A. No, I don't. Like I says, they were all over
`14
`the mill. They -- you can't run the mill without a
`15
`crane. It's that simple. It's either --
`16
` Q. Okay. But with respect to Alliance, you
`17
`can't provide any specific number or estimate?
`18
` A. No, I can't give you any exact count.
`19
` Q. Okay. Why do you believe that certain cranes
`20 were made by Alliance?
`21
` A. It was stated right on the side of the crane.
`22
` Q. Okay. When you say "the side of the crane,"
`23
`are you referring to the cab?
`24
` A. The cabs had it, and sometimes the main crane
`32 (Pages 125 to 128)
`
`Electronically signed by Stacie Fouty (501-263-203-6649)
`
`847a2de7-1849-4180-a476-62f7fc02d288
`
`

`

`Page 1
`
`Page 3
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` - - -
`
` - - -
`
`ROBERT A. SABOL and NO. GD-20-000749
`MARSHA SABOL, his wife,
`
`ROBERT P. NOROSKI, NO. GD-19-017117
`
` Plaintiffs,
`
`vs.
`
`A. O. SMITH CORPORATION,
`et al.,
`
` Defendants.
`
` - - -
`
` Plaintiff,
`
`vs.
`
`A. O. SMITH CORPORATION, ET AL.,
`
` Defendants.
`
` - - -
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` THURSDAY, JUNE 25, 2020
`
` THURSDAY, JUNE 25, 2020
`
` - - -
`
` VOLUME III
`
` - - -
`
` - - -
`
` VOLUME III
`
` - - -
`
`Page 2
`
`Page 4
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` IN THE COURT OF COMMON PLEAS OF
` ALLEGHENY COUNTY, PENNSYLVANIA
` CIVIL DIVISION - ASBESTOS
`
` - - -
`
` - - -
`
`STEPHEN W. JOHNSON, and NO. GD-20-006199
`TRACY JOHNSON, his wife,
`
`WESLEY C. STOUT, SR., and NO. GD-20-001022
`ELIZABETH STOUT, his wife,
`
` Plaintiffs,
`
`vs.
`
`600 GRANT STREET ASSOCIATION
`LIMITED PARTNERSHIP, ET AL.,
`
` Defendants.
`
` - - -
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` THURSDAY, JUNE 25, 2020
`
` - - -
`
` VOLUME III
`
` - - -
`
`Plaintiffs,
`
`vs.
`
`A. O. SMITH CORPORATION, ET AL.,
`
`Defendants.
`
` - - -
`
` VIDEOTAPED AND ZOOM DEPOSITION OF ROBERT A. SABOL
`
` THURSDAY, JUNE 25, 2020
`
` - - -
`
` VOLUME III
`
` - - -
`
`Electronically signed by Stacie Fouty (501-263-203-6649)
`
`e9e7e776-0d01-4590-9376-b62ea1dbd2e8
`
`1 (Pages 1 to 4)
`
`

`

`Page 145
`1
` A. No. Basically, they were the -- I worked on
`2
`the smaller ones.
`3
` Q. Okay. And how about the voltage for the
`4
`breakers?
`5
` A. That varied too. Like I've told before, you
`6
`can go 120. You can go 277. You can go 480. You can go
`7
`whatever.
`8
` Q. So usually between 120 and 480?
`9
` A. That was the most common, yeah.
`10
` Q. Okay. You had testified a little bit about
`11 Mr. Noroski and what you had seen him work around.
`12
` You never saw him work specifically around
`13
`any ITE products, correct?
`14
` A. No. He was a welder, so I don't know what he
`15
`would be doing around an ITE breaker.
`16
` MR. KANJI: Okay. That's everything that
`17
`I've got. Thank you very much, sir.
`18
` THE REPORTER: Would you spell your last name
`19
`for me, please?
`20
` MR. KANJI: Sure. K-A-N-J-I.
`21
` THE REPORTER: Thank you.
`22
` MR. DORING: Does anybody else have any
`23
`questions?
`24
` (No response.)
`
`Page 146
` MR. DORING: No? Okay. I just have a couple
`of quick follow-ups here. Okay? I'll just stay here.
` E X A M I N A T I O N
`BY MR. DORING:
` Q. All right, Mr. Sabol. I think we're just
`about done here. I'm sure you're happy about that.
` A. Good. Good.
` Q. Very quickly. We talked about overhead
`cranes a few times throughout the course of your
`deposition.
` Were the cranes themselves attached to the
`building in any way, or was it just the rails?
` A. Just the rails.
` Q. I think you mentioned at least one time that
`you saw -- was it an entire crane that was brought down?
`Can you talk about that?
` A. Yeah. They brought it down to ground level,
`and they worked on it there, right on the ground. And,
`like I says, they are -- you can take them down. It
`isn't easy, but you can take them down.
` Q. Would that be true of all the cranes; they
`could have been taken down to be worked on if necessary?
` A. If need be, yeah.
` Q. If one of those cranes was down for repair, I
`
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`Page 147
`1
`think you talked about how they would move it to a
`2
`certain area of the plant to do that, right?
`3
` A. Right.
`4
` Q. Did they shut the whole plant down or that
`5
`whole section, or were they able to continue?
`6
` A. No. They had other cranes that would take
`7
`the place of that crane, or if -- they usually would take
`8
`it and put it in an area that wouldn't interfere with the
`9
`other cranes, but another crane could easily take over
`10
`for what that crane was doing.
`11
` Q. Okay. And the last thing I want to ask
`12
`you -- you mentioned a number of manufacturers of
`13
`electrical products that you worked with at U.S. Steel
`14
`Homestead and then beyond.
`15
` Before you went into the apprenticeship at
`16
`U.S. Steel Homestead, did you see the various
`17 manufacturers of electrical products in the mill during
`18
`your time on the track gang and as laborer?
`19
` A. Yeah, you would see them. But -- I mean, I
`20
`didn't have any hands on with them until I became an
`21
`apprentice, but, yeah, you walked down and you could see
`22
`all the names and everything on them.
`23
` Q. Okay. Were they different than the ones that
`24
`you, then, eventually began working on when you became an
`Page 148
`
`1
`apprentice?
`2
` A. No. They were the same as far as -- like I
`3
`says, they were there when I got there, and they were
`4
`probably there when I left.
`5
` Q. Okay. And that would be true of all the
`6 manufacturers that you identified?
`7
` A. Right.
`8
` MR. DORING: I think that's all I have for
`9
`you, Mr. Sabol. Let's see if anybody else has any
`10
`follow-ups.
`11
` THE WITNESS: Anybody else want a crack?
`12
` (No response.)
`13
` MR. DORING: Okay. I think that's going to
`14
`be it.
`15
` THE VIDEOGRAPHER: That concludes this
`16
`deposition. The time is 1:12.
`17
` MR. DORING: Mr. Sabol will waive, and that
`18 will be it. Thank you very much.
`19
` (Whereupon, the signature was waived.)
`20
` (Whereupon, the deposition was concluded at
`21
`1:12 p.m.)
`22
` - - -
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`
`37 (Pages 145 to 148)
`
`Electronically signed by Stacie Fouty (501-263-203-6649)
`
`e9e7e776-0d01-4590-9376-b62ea1dbd2e8
`
`

`

`VOLUME I
`
` IN THE COURT OF COMMON PLEASE OF ALLEGHENY COUNTY,
` PENNSYLVANIA
` - - -
`
`STEPHEN W. JOHNSON, and No. GD-20-006199
`TRACY JOHNSON, his