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FRANK 0 NELSON & ASSOCIATES !NC. I330CHAPAI,AS'REET SANTA8AR8ARA CA 93101 -t8051966-456Z Z SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA --------------------------------- ~.- ) ELAYNE D. GALBRAITH; ESTATE OF ) ) JOHN M. GALBRAITH, through its ~ ) Executrix ELAYNE D. GALBRAITH ) ) J. MARK GALBRAITH; ) ) ~ HOLLY GALBRAITH WERNER; and ) I CARRIE JANE GALBRAITH, ) ) ) Plaintiffs, ) -vs- ) No. 144 417 ) R. J. REYNOLDS TOBACCO COMPANY, ) ) a New Jersey corporation; ) ) ISLA VISTA MARKET, a California ) ) corporation; PRUITT'S VILLAGE ) ) MARKET; and DOES 1 through 400, ) ) inclusive, ) ) Defendants. ) ) DEPOSITION OF RICHARD A. BORDOW M.D. , !:aK?.^. at 10:00 A.M. T~ur~3ay, -Oc'*_o'bnr-3,- -''335 _,_nr _2U00 V31~ Qo3d, San Pablo California, before FRANK 0. NELSO`7, CSR #636, Notary Public in and for the C(:)unty ,Df Santa Barbara, State of California. _RF.POR'TED_aY_: FRANK 0. tic:1SO.J, C:iR =63'6 OUR FILE NO: 15043 _ Z _.3' NJLL~ STREE' SuI7E 101 - ~~-• .SOS :ra- ,.. = a SAN'> MAPIA CA 4345.4 3a': :_.,'S )B:SP') :a . i -qq5, ?2535.iJ ."Q5. s.t' .,L.

FRANK O. NELSON & ASSOCIATES. INC. 1 430 CHAPALA STREET. SANTA BARBARA, CA 93101 - igO5) 966-4562 2 APPEARANCES OF COUNSEL: For Plaintiff: LAW OFFICES OF MELVIN M. BELLI, SR. BY: PAUL M. MONZIONE, ESQ. and JOHN PAYNE, ESQ. 722 Montgomery Street San Francisco, California 94111 For Defendant R. J.-ReYnolds-Tobacco Compan~: ------------------- JONES, DAY, REAVIS & POGUE BY: ROBERT C. WEBER, ESQ. 1700 Huntington Building Cleveland, Ohio 44115 - and - JONES, DAY, REAVIS & POGUE BY: MARIANNE CORR 655 Fifteenth Street, N.W. Washington, D.C. 20005-5701 and - LAWLER, FELIX & HALL BY: CHRISTOPHER J. McNEVIN 700 South Flower Street Los Angeles, California 90017 312 EAST MILL STaEET SV;TE .- :S05 S-nE°- _,. -E 5 SANTA MARIA CA 93451 SA?+ L:,,:5 ')BISPn :a +?Sr,! 't305' )25-55-4.1 yf15, S„ll.r']Z.:

FRANK O. NELSON & ASSOCIATES INC. ! 430 CNAPALA STREET SANTA 9AR8ARA CA 93 101 805) 966-4562 I N D E X WITNESS EXAMINATION BY BORDOW, RICHARD, M.D. MR. WEBER E X H I B I T S 3 PAGE 4 DEFENDANT'S DESCRIPTION PAGE A Application for subpena duces 86 tecum re Deposition of Richard Bordow and Attachment "A"; Civil subpena for Richard Bordow; proof of service dated August 22, 1985 B Three-page Xerox copy of pages 153 21600, 21601 and 21602 from Volume 49, No. 100 of the Federal Register dated May 22, 1984 C Two-page Xerox copy of Richard 126 Bordow's handwritten notes Ln 312 EAST M/LL STVEE7 SUITE i') l 37+ 9 ~ $ANTA MARIA ;A 934t.1 5iN '_~i5 ':815? ~ ..1 .aO5- 32S•55.1.1 7"~! G.]' -112-

FRANK O. NELSON & ASSOCIATES. INC. 1430 CHAPALA STREET. SANTA BARBARA. CA 93101 -~805) 966•a562 4 1 San Pablo, California 2 , October 3, 1985 3 ~ 10:00 A.M. RICHARD A. BORDOW, M.D. BY MR. WEBER: EXAMINAT_TON Q. Having been sworn, testified as follows: State your name for the record, Doctor, would you? A. Richard Bordow, B-o-r-d-o-w. Q. And your address? A. 2000 Vale Road, San Pablo, California.' Q. You were served with a subpoena to give testimony today, were you not, Doctor? A. I was not. Q. You have not been served with a subpoer.a? A. That's correct. vot personally. Q. Mr. Monzione has requested that you bring with you, I take it, documents on which you rely, or at least documents you may wish to refer to, with 23 respect to the subject matter of your testimony today; ~24 1correct? 25 A. No, that's not true. i 26 ~ Q. Pardon? 27 ~ A. That's not tr~ae. I just asked him if I m _J co 28 ~ could bring them. N ' Ln - m 712 2AST MiLL STaEET SLI'E 101 ?~? OSOS ;*aEE" >.I'E 3 Ql SANTA MARIA CA '33454 SAN L-IS -4 "a')' 14 905. 925-5544 - ti(,59.11 " ,2.

FRANK O. NELSON & ASSOCIATES. INC. 1430 CHAPALA STRE'c' SANTA BARBARA.CA 93101 805)966•1562 R 1 2 Q• You brought in several piles of documents today, Doctor. And I take it these are generally 3 Iscientific texts and articles to whichu you may wish 4 5 U z 16 21 to make reference during the course of the day? A. That's true. Q. Do you have any specific documents relating to John Galbraith? A. No, I don't. Q. Have you ever seen any specific documents relating to John Galbraith, Doctor? A. No, I haven't. Q. Do you have any specific information whatsoever relating to John Galbraith,. Doctor? A. No, I don't. Q. Has Mr. Monzione imparted to you any information respecting John Galbraith, Doctor? A. No. Q. So that, insofar as John Gaibraith is concerned, you're operating on a clean slate? A. So to speak. Q. You're not here today to speak about Mr. Galbraith's situation soecifically, 'out,.rather, about the issue of causation in 3more general sense? A. That's correct. Q. Doctor, I'm going to ask you a series cf questions today. By and large, I will attempt to as'< them in a way that I hope you can answer in a yes or 22 27 28 Ino fashion. I 312 EAST •AiL:. STwEET. SUITE .7'+ :)SOc ='REE_ -..:i7E 9 SAN'A MARIA CA 9345J SAN L.:iS ')BISP^, :> 740' 905- 92S•5544 -v,55ai -432-s

FRANK 0 NELSON & ASSOCIATES. INC. 1 430 CHAPALA STREET SANTA BARBARA CA 93 101 - i8051 966-•15oZ 6 1 As Mr. Monzione, I'm sure, has told you, 2 Itoday is not the time, in the course of the ~ 3~deposition, for you or for Mr. Monzione, for that 4 5 matter, or for us, to set forth our full proposition or our full hypothesis about the issues before the court. It is an opportunity for me to ask you specific questions and get answers from you. If you are able to answer in a yes or no fashion, you ought to answer that way. If you are not able to answer a question fairly yes or no, just let me know and then I'll either rephrase it in a way that I hope will solve the problem, or we can deal with it in a more narrative answer at that time. All right? A. All right. Q. The main reason I suggest that, Doctor, is that we have a great many issues in front of us, as I'm sure you know, and I have got to try to manage my time. Mr. Monzione tells me he's got an appointment in San Francisco for another hearing that necessitates our being completed today by -- MR. MONZIO[vE: I think 4:45 P.M. Q. BY MR. WEBER: -- 4:45 P.M. I'm not su=e we can be done by then, but we wiLl give it our best W 20 2 21 25 ` shot. If you can't do that, you tell me; all rig`it? ~ A. We'll give it a try. 27 ~ r~. If you don't understand a question, Doctor, 28 please let me know right away, because your answer 31 2 EA ST "iV_ 9T4EET SU1 7505 9'RCC- o SANTA MARIA =A ?3453 SAV ~-,;i5 ~BI~PrI ~A ~l.l~~t ,305, ) 25-554a .3 () ` . S.t 1 .4 '.Z^

FRANK 0 NELSON & ASSOCIATES. INC 1 430 CHAPALA STREET SANTA 8AR8ARA. CA 93101 (805) 966•4502 ~,~oA q ,- j/ 7 1• will otherwise be on the record, and there will be ar. 2 assumption that's the answer you wanted to give. All 3 ;right? 4 A. All right. 5 Q. Please do not use head nods or huh-uh or 6 21 uh-huh, because the reporter can't take those down effectively. Have you ever testified in a deposition before, Doctor? A. Yes, I have. Q. What kinds of cases? A. Medical/legal asbestos• cases, for the most part. Some malpractice cases. Q. Doctor, I have a slight hearing problem. A. I'll speak up. Q. With the air conditioner going in the background, if you could speak up a little bit, it would help me. You have testified, then, in asbestos litigation?I A. Yes. 22 I Q. On behalf of whom, Doctor? `i-w..-'I I A. A variety of people: Steven Kazan in Oak land -- 25 I Q. What I mean now, and what Paul was about to ~ 26 say, is in terms of what parties, do you know? A 27 jcompany, an insurance company, an asbestos company? 28 A. I have done work for both sides. 312 EAST MILL STREE' SUt'E t^.( fT? `)Sr:> >TpF:C~ :' --- a SA'1TA MARIA :A 33154 SA~+ LUIS OB1S~/) = aO5, 3255544 y(:5 . i3 : 47:4

FRANK O. NELSON & ASSOCIATES. INC. ' 430 CHAPALA STREET. SANTA gARBARA. CA 93 101 ;8051 960-4562 8 1 2 Q. When you say "both sides," you mean ~ A. Plaintiff and defer.dant. ~ i 3 Q. -- plaintiff and defendant? ~PO- _ I i z ~ - -- .Q101l .! f'4 ~ How many cases have you testified in for a C, '_ zA~Je 51plaintiff in a piece of asbestos litigation, if you 6 z 0 7 H IL X 8 U N 9 z Q 10 X p 11 W ~ 12 Q ~ 13 W j 14 a 2 15 0 U 16 Z W 17 W Z 18 0_ a. 19 = 20 H 21 22 recollect, Doctor? A. You mean in court or in deposition? Q. Either way, in deposition or in court. A. Perhaps 10 to 15. Q. And when you say "plaintiff," you mean an individual suing an asbestos company? A. Right, or vice versa, a company defending themselves against someone else. I mean, I have done both sides of expert testimony -- Q. I understand, but right now I want to find out what your understanding of testifying for the plaintiff is. When you say you have testified for the plaintiff, you mean to indicate that you have testified for individuals some 10 to 15 times in suits they have ~ A. When I I ihave worked for Q. brought against asbestos companies? say 10 to 15 times, I;nean that I both plaintiff and defendant -- A total of 10 to 15 times? A. -- a total of 10 to 15 times. Q. Okay, I don't think the record reflected- 26 ithat. I think what the record reflected is that you 27 I lworked for plaintiffs 10 to 15, so let's go through 28 ;it again, because I want to be as accurate as 312 EAST MILL S7RE_T S,I'E Ir)l SANTA MARIA CA 4345.4 4AN '_.,5 qPIS?O ;~ ! J4r)1 805 - 925-5544 NriS. 51t43~•t

1 2 3 ~~ ~ 4 I '_' , 71 ~ vI~Q ! 5 6 Z O 7 H a. y 8 N 9 Z ~ 10 H p 11 W ~ 12 Q W 13 j 14 a O 15 U 16 Z ~V LL 17 W L1J Z 18 0 a 19 T 20 F- 21 22 possible involved other in FRANK O. NELSON & ASSOCIATES. INC. 1 430 C4APALA STREc'T SANTA gARBARA. CA 93' 01 gO5/ 966-45i32 9 for You your are sake. saying 10 to 15 time s you have been in asbestos iitigation for o ne side or the which you have given either deposition or trial testimony? A. Right. Q. Of that 10 to 15 times, have some of those involved retentions on your behalf in which you were working for the plaintiff, that is, an individual? A. Yes. Q. Approximately how many of the 10 to 15 times, Doctor? A. Perhaps half. Q. Do you recollect the attorney who was representing the plaintiffs with whom you were working in those cases? A. One of them I remember is Steven Kazan. And there have been some others in San Francisco. Q. Can you spell his last name for me? A. K-a-z-a-n. Q. Is he a San Francisco lawyer? A. Oakland. Q. And do you recollect who the d4~?fer.l-ants in those cases were, Doctor? 25 ~ A. I don't remember. ~! \ 26 They were asbestos compan;es? 27 A. That's correct. 28 1 Q. Do you re.:,ember any of the otl:er at torneys Ln m 312 EaST MILL STPEET 3UI'E 101 37'1 i405 i'p°_ET 5'.:I'c o Ql . SAVTA NAaIA --A 9345•1 S.:N -:IS )BISPC) _.1 ?2-1,). tZI 805, 925•5544 H05 `.•i I.i 324

FRANK O. NELSON & ASSOCIATES. !NC ' 330 CHAPALA STREE' SANTA BARBARA, CA 93101 805) 9bb-15o2 10 O( 511a 1 you have worked for on behalf of plaintiffs, now, 2 Doctor? 3 1 A. Richard Jacobsmeyer.• = 20 in the case you consulted with him on? A. Yes, I did. Q. And have you testified on depositior, in 'any 21 Q• Richard - A. Jacobsmeyer. Q. That's one word, Jacobsmeyer? A. Yes. Q. And where is he located? A. He's located in San Pablo. Q. How.many cases did you do for Mr. Jacobsmeyer? A. Well, none of his cases have actually come to deposition. Most have just been reviewing records and providing an opinion. Q. When you provide an opinion, do you typically write an opinion letter, or do you provide the opinion orally, Doctor? A. I provide a written opinion. Q. Have you provided any written opinions in this case, Doctor? A. vo, I haven't. 22 i 0. Did vou provide Mr. Kazan a written ooinion 26 ,of the cases that Mr. Kazan was involved with? 27 ; A. 28 Yes, I have. Q. Do you have transcripts of cases in which 3 12 E>5T MiL- 5TR=E- S..iTr ~,37? OSnS i-aEE' -.,"E Ej SAN7A M AR!A CA "?735d SAh L_iIS OBISPrj .:•, f'.J1:; 905, d25•55-:•i Hr.5, .4i 1?L1