Tobacco Documents Online

1 IN THE UNITED STATKS DISTRICT COURT FOR THE NORI7IERUd DISTRICT OF CALIFORNIA FLORA MAE BROLdNER, ) ) Plaintiff, ) ) -vs- ) No. 79-0389-Sia ) JOHNS-MANVILLE ) CORPORATION, et al. ) ) Defendants. ) ) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 June 26, 1979 Winston-Salem, N. C. 10:30 a.m. DEPOSITION OF XA?: H. CROiI:4, Jf.. ADAMS & HOLT. INC. ~ 0 6o• 255' )4<5]5-GJ7e -e>as -<e<1 Fv.n,0!iF ~. C >9>iJ •

1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I spent seven nonths with a law firm in Washington practic radio and television law. I didn't like that particularly I became interested in antitrust law and I went with the Federal Trade Commission as a trial attorney in March of 1963. I remained as a trial attorney for about two years and then became assistant to the Chairman of the Federal Trade Commission for a year. And in July of 1966, I joined the law firm of Arnold and Porter in Washington p~ as an associate,^ remained there until July of 1966 when I joined Reynolds. Q. What was your first position A. Associate Counsel. Q. with Reynolds? When did you become General Counsel? A. I became General Counsel of Reynolds Tobacco Company in January of this year. Q. In the course of your duties as Associate Counsel, did you have occasion to participate in any of the so-called tobacco product liability suits? A. Yes. Q. What was your role in those suits, sir, coordinator? A. I represented the company as in-house counsel. Q. How many cases were tried to a jury verdict in your tenure? A. None. Q. None of the cases were tried to i jury verdict? ADAMS 8 HOLT. INC. )0. '9a>-6165 1 O s0.25515 Crohn - 5 lC.'535 0316 p.ng s 0 0 a a J ~ J

1 2 3 4 5 6 7 8 9 lo 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there a particular index of those cases at R. J. Reynolds or do they have -- A. Yes. Q. Okay. From your answer, perhaps I jumped to the wrong conclusion or I misapprehend the significance of what you said, but I take it there have been other damage suits 0 personal injury damage suits in which theories were advanc d other than that of having contracted a disease; am I correct? A. Yes. Q. Would that be the so-called addiction cases? A. No. Q. Would you explain to me what category of cases these are? A. There have. been cases in which people have had cigarette ashes fall on their clothing and catch fire and have broug t claims against the company. There have been situations in which a filter has dislodged-from a-cigarette into the throat of a claimant. There have been cigarette beetle cases, larva cases ofcigarettes deteriorating particularly in the southeast United States where cigarettes can be attacked by cigarette beetles. There have been chewing tobacco cases of products like pieces of wood, chicken feathers and things like that in chewing tobacco and that sort of case. " O O Q, Srfio manufactured the Kent ciy;lrette? ~o -_J ADAMS 9 HOLT, INC. C y~~ - 9 1OO .1 B>E5 C 0 O b0.:55~5 ~~° ~POJt!

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A medical bibliography of articles which have addressed the issue of whether or not tobacco is a cause of human disease? A. I don't know that our files can be categorized as a medica bibliography or not. Q. I take it from that you do have files on the alleged medical ideological relationship between tobacco consumption and human disease? A. We have a number of files relating to that subject, yes. Q. Okay. Do you know or have you ever consulted with personally Dr. Theodore Sterling? A.. I have never consulted with Dr. Sterling personally, no. Q. Are you familiar with him? A. I am. Q. Do you know whether or not he is a consultant of R. J. Reynolds? A. He is not a consultant to our company as such. Q. Is he a consultant to the Tobacco Institute? A. I think he has, in past, provided consulting services to the tobacco industry. Q. Do you know whether or not R. J. Reynolds Corporation has ever contributed directly or indirectly through the Tobacco Institute any funding of any of the studies of Dr. Sterling? A. Yes. l0s B11 B>65 ADAMS 8 HOLT. INC. P J BOx 25515 Crohn - 11 ~Oa'S35OJ~B

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 A?PEARAiJCES : For the Plaintiff: Mr. Ronald L. Motley Blatt and Fales P. 0. Box 365 Barnwell, South Carolina 29812 For tie Defendant Johns-t•ianville Corporation: For R. J. Reynolds Tonacco Co.: Exanination Examination Exami nation Mr. Robert C. Clifford Moore, Clifford, Wolfe, Larson and Trutner, P.C. 201-19th Street Oakland, California 94612 Mr. Malcolm T. Dungan Brobeck, Phleger & Harrison Spear Street Tower One Market Plaza San Francisco, California 94105 Mr. L'dwin J. Jacob Jacob & Medinger 1270 1lvenue of the Americas iVew York, New York 10020 I N D E X Mr. Motley 4 - 24 Mr. Clifford 24 Mr. Dungan 25 ADAMS & HOLT. INC. ~Oe B<1 016, n. p Hp. 155.5 CH.4'.OnE N C :82i2 Crohn - 2 - 535-63>d

1 MAX H. CROHN, JR., having first affirmed, was examined and testified as follows: 2 3 E X A M I N A T I O N (By Mr. Motley) : 4 5 Q. State your full nare, age, and profession for the record, please. A. Max H. Crohn, Jr.i age 45; I am an attorney. Q. What is your present position with the Defendant in this case? A. I am General Counsel of R. J. Reynolds Tobacco Company: 6 7 8 9 10 also, I hold the position of Secretary. Q. How long have you been with the corporation? A. It will be 11 years in July of this year. Q. Did you go_with the corporation directly out school? A. No. 12 13 14 15 16 17 of law Q. Did you go with a law firm out of law school? A. No. 0. What wac your career before you came with the corporation? A. Beginning with -- Q. Out of lawschool? A. Out of law school, I clerked for a United States District Court judae in Washington, D. C., Judge John Sirica. I MR. MOTLEY: Off the record. (WIIPRLUPOV, a discussion was held off the record.) 18 19 20 21 22 23 24 25 ADAMS & HOLT. INC. Crohn -/1 )Cada~ 8~65 ~ C DO~ 25515 )L< 535 C3%B

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 This is the deposition of MT,x a. Cr:Uti.i, Ji:., taken pursuant to the Federal Rule3 of Civil Procedure, by notice, before F.omelia 11. Adams, 7lotary Public, in the offices . of R. J. 3eynolds, 7robacco Company, Legal :)epartYer;t, Winston-Salun, :Jortn Carolina, on the 29th day of June, 1979, bc,9inninq at approxiraatoly 10:30 a.m. IT IS STIPUALTED At4D AGREED by and between the parties that the signature of the Witness to the transcript of this deposition is not waived. >G< e<1 eI65 ADAMS B HOLT. INC. ~ 0 6J•155r5 1Q.5]5 OJ>B, • ~~' rl•1 - \ N 7 N ~

t A. I have not had any specific need to do.so; so, the answer 2 is no. 3 Q. Do those files currently exist? 4 A. Yes. 5Q. Now, none since you have been with the company have been 6 tried to a jury verdict, but I take it from your answer 7 that suits have been filed but they never have gotten to 8 a jury? 9 A. That is correct. 10 Q. Have any of them been settled or compromised? tt A. No. 12 Q. They were dismissed at various stages of litigation for 13 various reasons? 14 A. Yes. 15 Q. How many in number would that be? 16 A. Since my joinin3 the company? 17 Q. Yes, sir, 18 A. I'm not sure precisely, but I believe that somewhere be*we n 19 20 and 30 cases I've had some contact with since my joining 20 the company. 21 Q. Again, we are delinsating those suits brought by Plaintiff 22 in which it is alleged that certain diseases were contract d 23 by use of products manufactured by this corporation? 24 A. Yes. 1n 0 0 25, Q. Do you know the style of the jury trial in New Orleans? ^+ o~ J ADAMS 8 HOLT, INC. 10.6ll 8165 F 0 sJ. 1S115 ,gi;53laA6 - 7 1 W

1 A. It was called Lartigue. 2 Q. I can't spell that: Can you? 3 MR. DUNGAN: L-a-r-t-i-g-u-e. 4 Q. Was R. J. Reynolds the only Defendant 'n that case? 5 A. No. 6 Q. Was Mr. Belli the Plaintiff's attorney in that case? 7 A. Yes. 8 Q. And it was tried in the United States District Court in 9 New Orleans? 10 A. Yes. 11 Q. Are you currently a Defendant in any suits filed by Mr. 12 Belli in California? 13 A. Yes. 14 Q. Is it one individual case or is it a class action? ls A. It is a single case against Reynolds Tobacco Company only. 16 Q. What is the style of that case, sir? 17 MR. DUNGAN: Christopher Russell Goff vs. R. J. 18 Reynolds Tobacco Company. 19 Q. What division or district is that pending in? 20 MR. DUNGAN: The United States District Court for 21 the Northern Di3trict of California. 22 0. I believe Mr. Belli represents the Goff family? 23 A. To the best of my understanding. 24 Q. The some 20 or 30, or ever how many there might be, other Ln 0 0 25 diseases cases with which you are somewhat familiar, is a A J J R ADAMS & MOLT, INC. Crohn - H lDi B<>8+65 >O 00. 25515 >Oa 5J:0]~B

t A. No. 2 Q. Y.ave you consulted with any asbes*_os manufacturing compani in regard to the allcgation that is contained in that pleading? A. tIo. Q. Have you consulted with any so-called asbestos Plaintiff's lawyers,of which I am one, in regard to the allegation contained in that pleading? A. No. Q. Do you have any personal information whatsoever with respect to any agreement, alignment, affiliation, associa- tion, conspiracy or otherwise between Plaintiff's•counsel, of which I am one, and asbestos manufacturers, of which Johns-Manville is one? P7ould you repeat the question, please? (WHEREUPON, the Reporter read back the question as requested.) A. Counsel, your question is rather broad. I've gotten a lot of information over the past few weeks from my counsel reporting on what has occurred in California. Q. Divorcing yourself from that, t1r. Crohn,.prior to the filing of this pleading, did you personally have any first-hand information on which that allegation was based? A. No. Q. Did you corduct an investiqation or direct that an 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 s ADAMS & HOLT. INC. Czll}~n - 14 ]un6a] B]65 ' O P~i.:5515 ]~ SL~]Bn Cr~aa~011F •. < ~BI~1 •