Tobacco Documents Online

1- Io 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 filed, number one? A. Yes. 0. Are you familiar with the allegationa that were made in your Removal Petition with respect to some association between Plaintiff's counsel and defense counsel, and I can read it to you if you would like? A. Yes. 0. Sir? A. I am familiar with it. Q. Did you have any personal input into the statements which were made in the Removal Petition, in particular the one that is quoted in the Notice of Deposition? A. May I see it, please? Q. Yes, sir. (WhIEREUPON, Mr. Motley hands the witness for his review.) document to the A. I was consulted by counsel with respect to the statement. Q. All right. Mr. Crchn, was the statement based on any information that you provided your counsel, Mr. Dunqan? A. No. Q. Was it based on any corporate, that is R. J. Reynolds files that you provided Mr. Dunoan? ~ - IA. No. ~Q. Did you have any original information to contribute to the o I 7 alleaation that is contained in that pleading? ADAMS & HOLT. INC. ]Oa B<] B]ES 1 0 80t 255/5 Crohn - 13 70.'535-0319 a ~ -•, J

I 1 2 3 4 5 6 7 8 9 lo 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That's right. Q. Are you familiar by way of corporate folklore or review of the files or any other way of any cases being tried to a jury against R. J. Reynolds before you affiliated with this corporation? A. Would you explain, sir, what type of cases again? Q. Tobacco product liability suits, either warranty, negligen e or strict tort liability suits in which personal injury damages were sought by persons who claimed that various diseases were occasioned by their smoking cigarettes or other tobacco products manufactured in or distributed by R. J. Reynolds? A. Addressing your question with respect to diseases caused, o my knowledge, only one case has ever been tried in the his or: ti3 Reynolds Tobacco Company. Q. Do you know when that case was tried, sir? A. In 1960. Q. Do you know where it was tried? A. In New Orleans, Louisiana. 0. Do you know for how long it was tried? A. Over a period of weeks; I do not know specifically, no. Q. Have you reviewed the files of A. Not to any great extent, no. Q. Did you attempt to familiarize of that litigation? that litigation? yourself with the files ADAMS 8 HOLT. INC. v (> nJa255~S Crohn - 6 10.111.110

1 A. I assume so, but I can't detail precisely what information was communicated to Mr. Dungan because I was not a party to every conversation between other counsel that represent Reynolds and Mr. Dungan. .Q. Do you know the sources of Mr. Dungan's information other 2 3 4 5 6 than yourself? A. I think I do. Q. Could you elaborate those for me, please? A. I think it's outside counsel that we have retained, Edwin Jacob. Q. From where? 7 8 9 lo 11 12 !tr. . A. New York; Mr. Timothy Finnigan, Mr. Jacob's partner. Q. Okay. A. And Mr. Harold Schmidt. Q. He is in Pittsburgh? A. Pittsburgh; right. Those are the attorneys that I look to gather information on our behalf and I believe they commun cated with Mr. Dungan. Q. Are any of these gentlemen, Mr. Jacob, Mr. Finnigan, or Mr. Schmidt, a full-time employee of any tobacco industry, 13 14 15 16 17 18 19 20 21 to your knowledge? A. Of any tobacco industry. 0. Any tobacco company or the tobacco industry? A. No. Q. Do you know anyone in the corporate hierarchy of ~ I I I L-- - - 22 23 24 25 - BJl F>65 ADAMS & HOLT. INC. V O BO.355i5 R. J. Crohn - 18 10< SJ3037N

~, You do know that? A. Yes. 0. Are there any files to reflect that? A. Yes. Q. Turning to -- (WhEREUPO*1, the witness speaks with Mr. Dungan.) 2 3 4 5 6 7 MR. 8 DUNGAN: The witness was drawing my attention fact of something of which I've been unconscioi I the fact since you began interrogating him; that is, that this is not a deposition of Max H. Crohn. This is a deposition of a , designated representative of R. J. Reynolds Tobacco Company on a designated subject. MR. MOTLEY: Yes; I am going to get to that subjec right now. 0. Is it Crohn or Crohn? A. Crohn. Q. That is German? A. Yes. Q. Mr. Crohn, there was an allegation made in a Removal petition filed by R. J. Reynolds Tobacco Company, with which I assuTe you are familiar, in this instant case, the Browner case? MR. DUNGAN: What is the pending question? Q. Are you familiar with the fact that a removal petition was 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADAMS 9 HOLT. INC. 12 104 B.>B165 o O 60. 255.5 to i S / C 0 0 N a a J J a

t Reynolds that might have been a source for Mr. Dungan or his co-counsel in the allegation which appears in paragrap 10 that we have reference to? A. The only person in the corporation that would have dealt with Mr. Dungan on the subject i.^n re. 0. To your knowledge, Mr. Dungan has not interviewed anybody else in the corporation with reference to this particular allegation? A. I'm confident that he has not. Q. So, to the extent that you pzovided him only with the information with regard to Johns-Manville and King and Spalding which you elaborated here? A. That's right, and I -- that is to the best of my recollec- tion. Q. I understand. . There may be some minutiae of which I have no present 2 3 4 5 6 7 0 9 10 tt 12 13 14 t5 16 17 18 19 23 24 recollection, but I participated with Mr. Dungan and others, attorneys who I have named, and in a conference call or calls over a time, but I did not participate in every conversation. Do you have any recollection of any information Mr. Jacob right have furnished to Mr. Dungan in respect to the allegations that appear on Page 6, Lines 4 through 7? . I cannot specifically identify any information Mr. Jacob gave to 14r. Dungan versus what Mr. Schmidt or Mr. Finnigan 25 ADAMS !S HOLT. INC. ~O~ B6~ B~6S 'O B-25Si5 19

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 interrogzted by 1fr. Kazan on that last Wednesday. A. I cannot detail for you the reports current in the asbesto and tobacco industries and the legal profession which are e ferenced here. Q. So, you personally have no information to help us in that regard? A. (Witness nods head negatively.) The information that I go was obtained, was given me by our attorneys that -- and I don't have any -- as I told you earlier, I did not conduct any independent investigation myself. I relied upon counsel's advice as to facts that they had learned and their information gathering process. Q. Mr. Crohn, with respect to any reports current in the toba co industries, I take it those reports do not, as communicate to Mr. Dungan or your counsel, did not emanate from? A. That is correct with the exception of the information -- 0. About Johns-Manville, King and Spalding? A. Right. Q. Except for that, none of the information which is alleged here emanated from you or your office? A. That is correct. Q. Are you privy to, whether it emanated from your office or ot, are you privy to the information that was communicated to tr. 251 Dungan? Crohn - 17 ADAMS & HOLT. INC. )'J< SJS OJ1b 1 0 90.25515 - 841 8>65

1aa.alA r d- 4-eWS A. It's manufactured by P. I7errr2urd Division of Loae-'-s, Inc. 0. Do you know, of your 2 3 own knowledge, whether at any time R. J. Reynolds Tobacco Company employed asbestos fiber in any filter cigarette marketed by them? 4 5 A. No. Q. You don't know or they didn't? A. I don't know of my own knowledge. Q. Well, have you seen anything; has 6 7 8 9 anything been brought to your attention which would reveal whether or not asbestos filters were used in any cigarettes marketed by R. J. Reynolds Tobacco Company? A. To my knowledge, asbestos filters were never used by R. J. Reynolds Tobacco Company in a filter, but that is to the best of my knowledge. Q. Was asbestos used in any manner, shape, or form in the final tobacco product by R. J. Reynolds Company, to your understanding? . Not to my knowledge. Q. Do you know whether asbestos containing filtering devices are used in the tobacco product manufacturing process? I do not believe so. Let me ask you this question: f:as Reynolds compiled a bibliography of ined.ia211iterature in relation to the alleged deleterious effects of tobacco on the human body? . A bibliography? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADAMS 8 HOLT. INC. Crohn - 10 BJ• 25515 )OaS]5-O]]B ~]a~8a]8~65 v 0

1 2 3 4 6 7 8 9 10 12 13 14 15 16 n ls 19 20 21 22 investigation be conducted towards the.end of determining whether such an association as I have described or you hav described in that pleading existed? A. I encouraged our attorneys to gather as much information on this subject as possible, yes. Q. Prior to the filing of that pleading? A. Yes. 0. Did you participate in the acquisition of that information A. I've only received information. I did not participate in acquiring the information. Q. So, would I be correct in saying that your role was one of receipt and initiation rather than information gatherin A. Yes. I might say there is one small point; information wa given to me directly after I passed it on to counsel, r41'e attempted to acquire the services of a law firm in Atlanta when it appeared that there may be some cases developing in the State of Georgia. We were advised by that law firm that they could not represent us because they had been requested not to do so by Johns-Manville. They had represented Johns-rfanville, I was told, in connection with some industrial bonds, not in connection with this type of litigation. ?'onetheless, tianville ? 23 ` requested that they not represent Reynolds and they did no 24 IIQ. Which firm was that, sir? 25 ;A. Y,ing and Spalding. ADAMS 6 MOLT, INC. YU.6<)-tllc.. c O 60aP55iD 1C_SP'e>~9 5

suggested a relationship. Q. This was after the fact, sir; in other 2 3 words, Mr. McRinne~ didn't make his public statement until after this petitiorj was filed, did he? ,A. That is correct. Those public statements are after the 4 5 6 fact. Fios.ever, there had been statements by Mr. 2•tcKinney by Dr. Rotin that I was aware of through -- I don't belie e 7 8 I ever read a deposition of Dr. Rotin, but it was reporte to me that he, in depositions, made certain statements that again pointed the finger to tobacco. Q. Mr. Crohn, do you understand that Johna-Manville has only settled in cases in which I represent Plaintiffs? A. I have no understanding as to the extent of Johns--Manvill settlements. Q. Have you investigated to find out whether they have settl with anyone other than myself, my law firm? A. I personally have not. Q. Do you know whether or not they settled with Mr. Belli? A. No. Q. Prior to the filing of this pleading, sir, did you have any information or was any information brought to your attention -- were you privy personally to any information was any information brought to your attention by any sourc btr. Jacob, Mr. Finnigan, Mr. Schmidt, anyone else, Mr. Dungan or anyone else in the corporation which would have 9 10 1t 12 13 14 15 16 17 22 23 24 25 's P . ~A 0 0 a N ~ ADAMS & MOL.T. INC. ]0. 8<'18]65 P 0 B'i.255i5 Crohn - 22 JO.'Sl5 0J]8

1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did you subsequently A. Yes. Q. Now, in the petition obtain counsel in Georgia? itself, it states, and I quote: "Reports currently in the asbestos and tobacco industries nd the legal profession." As the designated witness for R. J. Reynolds, could you tell me what reports were current in the tobacco industry or at least in respect to R. J. Reyno ds prior to the filing of that pleading which gave rise to so e inference on your part that such an association existed? It might not be quoted in there, but it is in the Removal Petition. A. I would like to see the document to which you are referring. Q. Your Removal Petition is where I got it. Can you show it to him, Mr. Dungan? It is in your Removal Petition. W}{EREUPON, Mr. Dungan showed the document to the witnsss.) WHEREUPON, Mr. Clifford hands a document to Mr. Motley.) MR. DUNGAN: It stlrts on Page 5, Line 10 and continues over to Page 6, Line 11. Q. Particularly on Page 6 starting on Line 4. MR. DUNGAN: You might just glance over that. (WHEREUPON, the witness reviews the document.) MR. DUNGAN: And this is signed by me and I was ~ ADAMS & MOLT. INC. U4 bi) 8~65 G O 6Jt 25515 C4.9,Or1E n C 28212 • >oCCFMv~ - 16