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Srt-PERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA -----------------------------------x ELAYNE D. GALBRAITH, et al., Plaintiffs, & Wolff, Esqs., 30 Rockefeller Plaza, New York, New York, on September 4, 1985, 7( -against- No. 144417 811 R.J. REYNOLDS TOBACCO COMPANY, etc., , et al., Defendants. ------------------------------------x 17 18 19 20 21 22 23 24 25 1 Deposition of SHELDON C. SOMMERS, M.D., taken by Plaintiffs pursuant to court order, at the offices of Chadbourne Parke Whiteside I at 10:05 a.m., before Alan Pudding, a Shorthand Reporter and Notary Public within and for the State of New York. kin 132 NASSAU STREET • SUITE 600 • NEW YORK. NEW YORK 10036 •(c 2) ^r.:.'-14Ci. r

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 A P P E A R A N C E S: LAW OFFICES OF MELVIN M. BELLI, SR. Attorneys for Plaintiff The Be11i'Building 722 Montgomery Street San Francisco, California 94111 BY: PAUL M. MON2IONE, ESQ., of Counsel. LAWLER FELIX & HALL, ESQS. Attorneys for Defendant R.J. Reynolds Tobacco Company 700 South Flower Street Los Angeles, California 90017 BY: F. JOHN NYHAN, ESQ., of Counsel. JONES DAY REAVIS & POGUE, ESQS. Attorneys for Defendant R.J. Reynolds Tobacco Company 1700 Huntington Building Cleveland, Ohio 44115 BY: MICHAEL A. NIMS, ESQ., of Counsel. 2 Bailey & Shelkin, Inc.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 S H E L D O N C. S O M M E R S, residing at Cambridge Way, P.O. Box 1115, Alpine, New Jersey 07620, having been first duly sworn by the Notary Public (Alan Pudding), was examined and testified as follows: EXAMINATION BY MR. MONZIONE: Q. Doctor, would you please state your full name for the record. A. Sheldon Charles Sommers. Q. Your address is? A. Home address, Cambridge Way, P.O. Box 1115, Alpine, New Jersey 07620. Q. Doctor, I take it you understand that you have been designated as an expert witness in this case of Galbraith versus R.J. Reynolds and others by the defendant, R.J. Reynolds Tobacco Company; is that correct? A. Yes. Q. Has it been explained to you, Doctor, that today's deposition is being taken pursuant to a court ordered commission to have you appear and be deposed? MR. NYHAN: Object to the form of the 3 ! , ~ x ; ; 3 i +

I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sommers 4 question on the grounds that it is misleading. You may state what your understanding of the record is. I think you mischaracterized what's been done. Q. What's your understanding? Has anybody explained to you, Doctor, under what law or under what compelling statute that you're present here today? A. No. Q. Mr. Nyhan or no lawyers have explained under what force you are compelled to attend this deposition? A. No. Q. Did you bring any documents or any of your files pertaining to this case with you today? A. No. MR. NYHAN: Objection to the form of the question on the grounds it assumes there are such documents. I don't think you've laid an adequate foundation. Q. Do you have a file on this case of Galbraith versus R.J. Reynolds? A. Not a file. Q. Do you have any documents which P. I ~Z-W- Bailey & Shelkin, Inc.

1 2 4 Sommers pertain to this case? A. Yes. Q. What do those documents consist of? A. Interrogatory and a photocopy of a 6J letter written to you by Dr. Yesner, and a 7I1 covering letter of transmittal. 81 Q. When you say interrogatories, could 1 you be a bit more specific as to what ) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interrogatories those are, if you know? A.• Interrogatory is a technical term, and this involved answers on the part of one or more of the complainants to questions asked by the attorneys for the defense. Q. You reviewed those, Doctor? A. I read the interrogatory. Q. You have seen the interrogatories and the plaintiffs' responses to the interrogatories; is that correct? A. Just one interroga-kory, I believe. Q. When you say just one interrogatory, just one set or just one question and one answer? A. No. A document of some 35 to 40 typewritten pages. Q. Do you know whether those 5 Bailey & Shelkin, Inc.

1 2 3 4 5 6 7 8 9 15 16 17 18 19 20 21 22 23 24 25 Sommers 6 interrogatories were supplemental responses or original responses, or a combination of original and supplemental responses? A. No. Q. You haven't brought those with you today to the deposition? A. No. Q. Were you instructed not to bring documents to the deposition? A. Q. No. Were you instructed to bring documents to the deposition? A. No. Q. Besides the interrogatories that you've read, you've mentioned Dr. Raymond Yesner's letter addressed to Mr. Monzione; is that correct? A Y . Q. es. I gather that you have read that letter? A. Q. Yes. You say there was a transmittal letter with that. A re you referring to something that was sent to y ou by the Lawler Felix & Hall office? A. I don't recall the name of the law Bailey & Shelkin, Inc..

1 2 3 5 6 7 Sommers 7 firm. Q. Do you recall from whom it was sent? A. It was signed by Mr. Nyhan. Q. Apart from the letter sent to you by Mr. Nyhan and Dr. Yesner's letter to me, and the interrogatories, are there any other documents 8! which you possess or have under your control 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which pertain to this case? A. No. MR. MONZIONE: Let's go off the record. (Discussion off the record.) Q. Doctor, do you have a curriculum vitae? A. Yes. Q. You've brought that with you? A. No . MR. NYHAN: I did, and if you would like a copy of it, we'd be pleased to make that available to you. MR. MONZIONE: I would appreciate that, counselor. Thank you. Q. You probably won't have any trouble understanding my Boston accent, because I see from your curriculum vitae you've spent time there. Bailey & Shelkin, Inc.

2 4 5 Sommers 8 Doctor, have you had a chance to look at that curriculum vitae prior to Mr. Nyhan providing it to me? A. Yes. Q. You now have it before you. 7; MR. MONZIONE: I'm going to ask that 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the court reporter mark that as the first exhibit to this deposition, please. Then I'11*ask you a couple of questions about it. (Document, above referred to, marked as Sommers Exhibit 1 for identification, as of this date.) Q. Doctor, your curriculum vitae has been marked as Exhibit 1 for this deposition, and I'm going to refer to it as such so you'll know what I'm talking about. Is this an updated curriculum vitae, Doctor? A. Yes. Q. I notice it does not include a list of your publications. Do you have such a list? A. There is such a list. Q. You don't have that with you either? A. No. i Bailey & Shelkin, Inc.

2 4 5 6 7' 9; ~ 10 11 Sommers 9 MR. NYHAN: Again, I brought it with ne. If you'd like a copy, we'll make it , available. MR. MONZIONE: I would like that. Thank you. Q. Have you had a Doctor, prior to it being talking about the list of chance to see this, given to me? I'm your publications. A. I looked over it, about the last seven or eight pages. 121 Q. Did you do that today? 13I A. Yes. 14 ' Q From your review of it at that time, 151 can you tell whether this is an updated list of 16 your published articles? 17 A. Yes. 18 Q. Is it? 19 A. Yes . 20 MR. MONZIONE: I'm going to ask that ( 21 this be marked next in order as an exhibit to ~ 22' your deposition, Doctor. 23I (Document, above I 24, referred to, marked as Sommers Exhibit 2 for 25 identification, as of this date.) Bailey & Shelkin, Inc.

11 Sommers 10 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. On your curriculum vitae, Doctor, it says American Board certificate in pathology pathology and pathologic anatomy), 1950. In (clinical addition to that certificate, are there any other certification.s whic•h you possess? A. In New York State, the license to practice, I believe, is called a certificate. Q. Are you board certified in any other areas of medicine besides pathology? A. No. Q. It also states on your curriculum vitae, Doctor, that you were on the Scientific Advisory Board, Council for Tobacco Research, 1967, research director 1969 through 1972, and scientific director, 1981. Are you presently the scientific director of the Council for Tobacco Research? A. Yes. Q. When did you begin any affiliation or association with the Council for Tobacco Research? A. Affiliation began when I joined the Scientific Advisory Board in 1967. I had once previously been invited to discuss my research at the Board meeting approximately 1965. Bailey & Shelkin, Inc.