Bcavcrs v N & W multi-pagc"' Jamcs Gearhart 12/15/95 IN THE CIRCUIT COURT OF MERCER COUNTY, WEST VIRGINIA - - - - - - - - - - - - - - -x In the Matter of: WILLIAM A. BEAVERS, Plaintiff, CIVIL ACTION Vs NO. 95-CV-292-K NORFOLK AND WESTERN RAILWAY COMPANY, Defendant. - - - - - - - - - - - - - - -x Conference Room #401, N&W office Building, 800 Princeton Avenue, Bluefield, West Virginia, Friday, December 15, 1995. The Deposition of JAMES D. GEARHART, taken by the Plaintiff before Richard B. Daisey, RPR, and Notary Public within and for the State of West Virginia at Large, pursuant to agreement of the parties hereto, to be used for all lawful purposes, pursuant to the West Virginia Rules of Civil Procedure, commencing at 9:45 a.m., EST. VOLUME: I PAGES: 1 - 62 c Daisey Rcporfing Services- 1450 Main S@-@ecton, WV 24740 Bcavcrs v N & W Multi-Pagc im Jwnes Gcarhart 12/15/95 Pagc 2 Page 4 1 x P P E A R A N C E S IAnd mv family still livcs there. I livc temporarily 2 2and totally in Atlanta now. My job and my fan-dly will 3 3int)%c next iummer after my daughter graduates from liigh 4RICIIARD N. SHAPIRO. ESQ.. 4school. So I kind of have two addresses now. i . & . & Shapiro, P.C., 5Q You've been conunuting back and forth on some 6 1294 Diarnond Springs Road, 6weekends" 7 P.O. Box 5369, 7A. YCS. 8 Virginia Beach, Virginia, 23455, 8Q. What is your prescnt titlc with 9 appearing on behalf 9Norfolk/Southem? 10 of the Plaintiff. 10 A. Chief engineer, line maintenance, west. I I I IQ. What was your inimediate past title? 1 2 12 A. Division engineer, Pocahontas Division. 1 3 13 Q. And does the Pocahontas Division encompass i 4 14 the Bluefield area and other areas in West Virginia? 1 5 1 5A. That's correct. 1 6FRED ADKINS. ESQ.. 16 Q. what date did you change positions in title? 1 7Huddleston, Bolcn, Beatty, Porter & Copen, 17 A. First of July of 1995. 18 Sixth Avenue & Tenth Sm&, 18 Q. Can you please trace your background with 19 P.O. Box 2185 ig the railroad from the time you first -- give us ft 10 Huntington, West Virginia, 25722, 2o date you first began with the railroad, and please 21 appearing on behalf of 21 trace your positions in brief detail, if you could. 22 the Defendant. 22 A. In May of 1971 1 becamc a road fireman on 23 Also Pmsent: Jack Brewstrr 23 the Shenandoah Division. 24 24 July of 1972 I became a management trainer 25 Page 3 Page 5 PROCEEDINGS I I think it was July of 1973 1 became 2 mR. s@iro: would you please swear 2assistant rail gang supervisor. 3the witness" 3 May of 1974 I became assistant track 4Whereupon, 4supervisor in the Norfotk temiinal, Norfolk, Virginia. 5 JAMES D. GEARHART 5 In August of 1975 1 becmne assistant to the 6was called as a witness and, after having been first 6division enginecr in Fort Wayne, Indiana. 7dLLIv sworn by @ Notary F'ublic, was exaniined and 7 In December of 1976 1 became division 9testified as f'ollows: 8engineer on the Fort Wayne Division at Fort Wayne, 9 E.@ATION 9Indiana. 10 BY MR. SHAPIRO: 10 March of 1979 1 bec=e the (iivision cngineer I Q. Would you state your full name, please? i iof ihe Scioto Division at Portsmouth, Ohio. I I 1 2A James Douglas Gearhart. In June of 1983 1 became manager, roadway 1 3Q What is your present address, sir'? 1 3maintenance in Roanoke, Virginia. 14 A. l'in at 3391 Seven Pines Court, Atlanta, 14 In January of 1984 I became process engineer 1 5Geor-,ia. i 5in Roanoke, Virginia. 16 Q You traveled up here from Georgia to West 16 In June of 1986 1 became process engineer in J7 Virginia for @s deposition. Correct? 17 Allanta, Georgia. 18 A. I travcled to West Virginia as part of my 1 8in March of 1990 1 became division engineer ig work that I was doing, yes, to be here today. I 19 of Pocahontas Division at Bluefield, West Virginia. 20 worked my way up. 20 And then I'm at my presentjob starting July 21 Q What was your fonner address here in West 2 1of 1995. 22 Virginia, and can you tell us when you moved to 22 Q And that's chief engincer of line 23 Georgia, please? 23 maintenance? 24 A. My address here in Bluefield is 1425 24 A. West. 125 Whiwffiom Street, Bluefield, West Virginia, 2 Daiscy Reporting Serviccs-1450 Main Street-Prin( WV 24740 Page 2 - Page 5 Jamcs Gcarhart Multi-pagc, Bcavcrs v N & W 12/15/95 Page 6 Page 8 Ihere, tifled "Position Description"? I Q You would get out among ihe men and try to I A. 'Tbis is a position description for the 2meet and be familiar with as many of them as vou 3division engineer position at Bluefield, West 3could. though. 4Virginia. 4 A Of course. 5 Q. And You had that position from what period 5 Q And in that fashion, that's how you knew Mr. 6to what pcrIod9 6Beavers, I suppose. 7 A. FTom March of 1990 until July of 1995. 7 A. That's correct. s MR SKkP[Ro I'll asked that be marked 8 Q You're fainiliar with a clwnshell crane, or 9as Exhibit No. 1. 9what people call a clwnshell, in conunon vemacular on 10 (Gearhart's Exhibit No. I was 10 the railroad? I I marked for identification.) I IA. YCS. 12 BY MR. SHAPIRO 12 Q. Can you tell me, what is a clamshcll? 13 Q. Can you briefly &-scribe what you viewed 13 A. It's a locomotive crane, normally ratcd 14 yolir duties and responsibilities as the division 14 anywhere from 10 tons up to 50 tons. It runs on its 15 cngin= of the Pocahontas Division during that 15 own power. The boom length is anywhere from 40 feet 16 pcriod? i6 to 60 feet, depen(iing on what you're trying to do. 1 7A. Being responsible for the overall 17 Q. It's mounted on a piece of moving equipment? 18 maintenance of the track and structures of the I 8A. That's right. It's mounted on a rail car 19 Pocahontas Division between Bluefield, West Virginia 19 and has traction motors, has two traction motors, so 20 and Fortsmoutk Ohio. 20 the wheels -- it's self-powered. 2 1Q. Amd I believe it says here there's about 21 Q. I'm going to ask you -- I don't know if 22 1.400 miles of main line track, including bridges and 22 you're a Picasso or Michelangelo, but I'm going to ask 23 tunnels and culverts. 23 you, for identifying a couple pieces of equipment, if 24 A. 'Mat's correct. 24 you could make a basic sketcl4 because in pioicular I 25 Q. I take it your duties also include keeping 25 was looking at what kind of devices these machines Page 7 Page 9 1dr train movement in an efficient and steady flow ihave that in other words, a bucket, dc 2over the tracks in your division. 2clamshell and I want to see what the device is and 3 A. That's right. nx maintenance of the tracks 3ask you some questions. Can you make a real basic 4and swwtures would enable the trains to move safely. 4drawing for me here -- I'll call it "A" -- of a 5 Q. When you worked as division engineer during 5clamshell? And don't worry if it's not good. 6that period of tiine were you based here at the 6 A. You're not going to get much. 7Princ@ Avenuc adc[ress" 7 Q Okay. 8 A. That's correct. 8 A. (Witness responds to direction of counsel.) 9 Q. Mr. GearhaM I want to ask you some 9 MR. SHAPIRO: Off the record. io questions about Bill Beavers, the plaintiff in this 10 (Discussion off the record.) I Icase. Do vou remeinber approxiinately how long you've I I MR. SHAPIRO: Back on the record. 12 knovrn Mr. Beavers'@ 1 2BY MR. SHAPIRO 13 A. Actuallv to know Bill, I becaine fainiliar 13 Q. you've drawn here -- we have a letter "A." 14 with Bill starting when I became division engineer in 14 This is sort of a rough depiction of what we call a 15 Bluefield in 1990. 1 5clamshell. Right'? 16 Q. And about how many total personnel did you 16 A. That's right. 1 7actually have supervisory authority over? 17 Q. On the end of the clamshell, it looks like 1 8A. I'd say a good figure would be about 350. i8 there's a cable here? 19 Q. And a lot of times you were out of the 19 A. That's a cable crane. The cables hold the 20 office, working out on the track, overseeing men 20 boom up, and actually that's what you lift with, is 21 working, weren't you? 21 your cables. 22 A. That's right. I had myself and assistant 22 Q. Does this -- you have a piece that sort of 13 .division engineers report directly to mc, and 23 goes -- 24 supervisdrs who reported directly to thcm, and then on 24 A. That's the boom. 25 down to the forermn and the emt)lovees. 25 Q. Dors that boom -- Page 6 - Page 9 Daiscy Rcporting Services-1450 Main Street-Princeton, W 24740 Beavers v N A W Multi-Pagc" James Gearhart 12/15/95 Page I 0 Page 12 1 A It'S Stiff. iaffixcd to the end of the cable'? 2 Q. it's stifr 2 A Yes. You can use a bucket, you can use rail 3 A. It's Stiff. It doesn't bend within itself, 3dogs, you can use a tree. It's a device that you 4and it has a lattice work reinforced inside. This is 4could put dogs on each cnd of this tree. ;yoLLr lattice work. You can also use a magnct. It's got a t) Q. We're loolcing at three pictLLres herc, just 6this is your magnet cabie reel, and you plug 7to make the record clear, that are on a colorcd 7 Q. Pointing to the bottom picture. sphotocopy all on one pagc. You're rcfcrring to those 8 A. Yes. And you pull that cable out and then ,) now'? 9you connect it to your magnet, and then you can pick 10 A. YeS. io up mctal with this crane. I I Q. Does that appear to be a clamshell@ I I Q. So the top photograph here that shows a 11 A. Yes. This is a crane. 12 device that can connect on there, you just call it -- 13 Q. And that lattice work, it doesn't move side 13 is that just a bucket, when they refer to -- 14 to side. 14 A. Bucket. 1 5 A. No. It's stiff. 1 5 Q. is drre a clainshell in any of these photos9 16 Q. So the basic movement that can be made is 16 A. No. There is no clam bucket with this 17 the cable can be -- can go down or up? 17 crane. 1 8 A. Wcll, you Lise the cable to raise and lower 18 Q. in working to unload switch ties like was ig the boom itself, and you also use dc cable to raise 19 involved in Mr. Beavers' process on the date of his 20 and lower the load that you're handling. 20 incident, do you have an awareness of which type of 21 You can move the boom up and down, or you 21 implcment was being used on the end of the cable? 22 can move dw cable, hold the boom in one position and 22 A. Tl-cy had a chain. They were using, I 23 move the cable across the boom. 23 believe it was a four-way chain on the end of the 24 Q. I saw a reference to a bucket. Does a 24 cable. 25 bucket fit on this, or.just on die o f these devices, pg se. It was Page I I Page 13 iBurrow crane? ijLLst the chain? 2 A. The bucket would fit at dc eind of the cable 2 A. That's right. The chain was connected to 3that leaves the end of the boom and goes down 3the cable on the crane. 4vertical. Your bucket would mount at the far end of 4 MR. SHAPIRO: Do you have any photos of svour cable. 5a BwTow crane here? I thought they referred to some 6 Q. Is there a bucket anywhere in one of these 6of those, too. 7three photos'? 7 MR. ADKINS: That's all I have. 8 A. You're pointing to the buckets there. That 9 THE @ESS: This is a rail CTane. 9is a bucket. And you put the cable through the bucket 9This is what we call a rail crane. That is a Burrow io in a fashion to where it will open and close at the io model CTane, what we're looking at in that picture. i iinovcment of the controls within the crane. I IBY MR. SHAPLRO: 1 2 Q T'w bucket will open and close? 12 Q. Oh, this is a Burrow crane'? I I A. The bucket will open and close with the 13 A We call that a rail crane. 14 movement of the operator. 14 Q What is the differcnce in a clamshell'? 15 Q So tWs is dc clamshell, what we're tawng 15 A. The clamshell is a larger piece of 16 about, the bucket that will open and close'? 16 equipment. It's higher rated. It can handle heavier 17 A Well, that's just the bucket. A clainshell 1 7weight. 1 8is kind of a ditching device. The cranes are either 1 8 Q Can you do a little &awitig for me under "B" ig called rail cranes or locomotive cranes. "Clams@ll" 19 of -- 20 is just a kind of a phrase that people have grown 20 A. You basically just have a larger inacwne 21 accustomed to using. 21 that looks just like what you have there in "A." 22 Q. So generically they're referring to tWs 22 Q And it still has a fixed boom? 23 type of crane? 23 A. That's con-ect. 24 A. That's corrcct. 24 Q But it has a different implement that's .25 Q. But ftre are clifferent devices that can be 25 attach Daisay Rqmrting Scrvires-1450 Main S@-Princeton, WV 24740 Page 10 - Page 13 James Goar@ Multi-Page' Beavcrs v N & W 12/15/95 Page 14 Page 16 I A. What I'm tclling you is that your bucket Iall, thcy take it with them, bccause it has dzir fuel would be larger, your magnet would be larger, 2and their different bucket and magnet and their rail everyttung would be @ger, because you can handle 3dogs and different things, and thcir blocks. It has 4inore weight with a 10COMOtiVe CTane, or what vou'rc4all the stuff that thev need, and the tools they use 5calling a clamshell. 5to repair the crane. Eve@hing is on that. So they 6 But the cranes -- that's what's confusing, 6do take it when they go any appreciable distance. 7is people use @ same terins for different cranes. 7 Q. By the way, when we talked about the boom on 8But that is a BwTow model crane. sthis crane we're looking at in these photos, being 9 Q. In the three photos. 9fixed, as far as -- can the crane, though, the entire 10 A. Yes. 10 crane, move gide to side, so that boom can go out I I Q. So in N/Ir. Beavers' incident, were both of I IOver -- 12 the cranes that were out them at Yards, Virginia the 12 A. The crane operates on a center pivot point, 13 sarrie type of cranes with different 6nplements, or can i3 so that it can tum in relation to the deck of the 14 you tell ine what was the difference in the two typcs 14 rail car that it's running on. But the boom, it's all i5 of cranes that wete there at dw scene? 15 fixed in one point. It just all turns together. 16 A. Well, the way I understand, you had a Burrow 16 Q. Wben we talk of oTm, or on track 17 crane and you had a locomotive crarie. 17 matvrials -- I'vc heard the phrase used by Mr. 18 Q. And -- 19 Stanton -- what does that imply? 19 A. And they're the same. @y look the same in 19 A. That's other track materials. We have -- 20 the little diagrain "A" there. It's just that dr 20 other track material would be anything to include 21 locomotive crane is larger. It's a higher rated 21 beyond rail, and frogs, switch points, stock rails. 22 cranc. It can handle heavier loads. 22 The other track material would be the small 23 Q. And was the operator that Mr. Beavers was 23 things, like the spikes, rail anchors, tie plates. 24 working with -- which one of the two was he using, as 24 It's the smaller materials. 25 you undrrstand it? he larger tvoe. locomotive crane, 25 That's why rather than differentiate -- thvy Page 15 Page 17 1or the Burrow crane? Ijust group thcm all together when they say OTM. 2 A. I understood he was handling the locomotive 2 Q. Going back to what you heard on the day of crane. 3Mr. Beavers' accident, I want to show you a document 4 Q. And what was Mr. -- let me start it this 4and ask you if you can identify that? 5way. When did you first hear or get any understanding5 A. This is an injury report that was filed, on 6ot what happened to Mr. Beavers on that day? Who 6every incident when somebody tells us that tlry have 7reported it to vou? 7been iiijured on the job. 8 A. My track supervisor, Jim Stanton. told me 8 Q. What input did you have in putting that 9that Bifl had injured his foot, that he had jumped off 9together? Any at all, or -- io the idler car, thinking that soine ties rliight strike I C) a. well, my name is at the bottom. It was put i ihim. I Iout from iny office. As far as the wording, that would 1 2 Q And is the idler car a flat type of car 12 be the einployce's wording, and then the description 13 that -- 13 would have been inade by my track supervisor, Jiin 14 A. That. what you're pointing to, is what we 14 Stanton. j5 call an idler car. The idler car is used to carry all 15 Q. What type of authofity do you have as far as i6 the stuff that supports the crane, plus it gives you 16 the completion of the report? I mean, do you just 17 an arca to put the crane boom over when you're i7 look over the report before it's put in the computer, i8 travelirig around, where it's not hanging out in the is or how did you -- 19 air. 19 A. YCS. I looked at the reports before they 20 Q. Is the idler car virtually always 20 were put in the computer to make sure that you had 2i attachrd -- was it a separate car that's -- 21 proper sentences and that the description that was put 2'@ A. That's coTTect. It's a separate car. 22 down matched up with the way that I knew that the 23 Q. But does it almost always travel with the 23 incidcnt had occurrcd. 24 crane? 24 Q. And once -- did someone in your office key 25 A. If dcy're going to bc going any distance at .25 that into the company computer so it became an - Page 14 - Page 17 Daisey Reporting Service@1450 Main Street-Princeton, N" 24740 Bcavcrs v N & W Multi-Pagc Jamcs Gcarhart 12/15/95 Page 181 Page 20 iotficial record. I Q. Do you havc a good fainiliarity with all the 2 A. That's corrcct. safcty rules, operating rules, and maintenance of way 3 Q We'd agrce that's an official company record 3standa-rd procedures? 4of the accident report? 4 @. I do my best. 5 A. 'Tbat's correct. 5 Q. I want to ask you some questions about a 6 MR. SRAPIRO: i'd move to introduce 6machine helper, such as Mr. Bcavers, on that clamshell 7this as Exhibit No. 2. 7crane. That was Ws primary position, wasn't it, to 8 We'll call dw three photographs No. 2. 8help with the opcration of that crane'? 9We'll call the diagram "A" Exhibit No. 3, and the 9 A. As far as -- are you asking what his io Incident Report Exhibit No. 4. io assigned position was, or what he was doing that I I MR. ADKINS: Lct me just say for the i iparticular day? i2 record, obviously you can make it an exhibit to the 12 A. Please let me know both, if you could. 1 3deposition, but the way that you phrased it in terms 1 3A. Well, Mr. Beavers was assigned as a trackman 14 of introducing it, I @nk that will be an issue at 14 in Bluefield, and I wasn't aware of hiin ever having i5 trial as to w@ it's to be introduced at trial or 1 5anotirr official position. But people such as N4r. 16 not. 1 6Beavers are used to assisting in work when o@s are 17 Obviously I have no objection to it being 1 7maybe off for vacation or illness, and with his i8 made an exhibit to the deposition, but by doing that i8 ex@ence he was fully capable of assisting the crane ig I'm not agreeing that it is a proper exhibit at trial. i9 in working the work that the crane was doing. 20 (Gearhart's Exhibits Nos. 20 Q. Who was thr crane operator on that day, that 2 1 2, 3 and 4 inclusive were 2i he reported Ms accident, that he was working with? 22 marked for identification.) 22 Do you know? 23 BY MR. SHAPIRO: 23 A. Okay -- 24 Q Mr. Bcavers reported the accident the same 24 Q. It was either one of those guys. I think it , from what I read in ano@ de osition, either Page 19 Page 21 1 A. That's correct. iNichols or Lusk. 2 Q. And he reported it within some period of 2 A. That's right. It's either Nichols or Lusk, 3iime to Mr. Stanton. What was it, less than an hour? 3but that's why I'm struggling here. I believe it was 4Do you know? 4Mr. Nichols. 5 A. I'm not sure of the time frame, but it was 5 1 know they were all out there in the sanic 6prior to his leaving dw job. 6area. but I believe Mr. Nichols was -- but I just 7 Q. Did you have any idea about Mr. Beavers' 7really can't be sure. 8physical condition prior to @ accident, or did you 9 Q. And the men were engaged in the unloading of 9ever hear that he had any problem with doing his 9switch ties at the @e of his accident, ainong other io normal duties, as a laborer, or helper? io things, weren't they? I IA No. It A. Yes. Theywerehandlingbundledswitch 11 Q. You had never heard of him having any prior 11 ties. 1 3problem before this accident with his right ankle and 13 Q. On fis division, foremen -- well, is this 14 leg, had you? 14 something that men such as Mr. Beavers @ght be 15 A. No. 15 engaged in sevcral times a year, that is, unloading 16 Q. Do you know where the original handwritten 16 bundles of switch ties? 17 accident repor-t is maintained? 17 A. Yes. 18 A. That's the official document. I don't know Is Q. Let me ask you some questions about switch i9 what you're referring to. ig ties, such as that you were unloading. Are they 16 20 Q. Do you keep the original handwritten report? 20 feet long'? 21 A. No. 21 A. Switch ties are anywhere from nine feet to 22 Q. As division engineer, one of your duties is 22 16 feet, and we do have some that are 22 feet, but 23 to keep dr workers infonned of thr safety rules on 23 that's a special situation only. 24 the railroad. Wouldn't you agree? 24 Q. A standard main line crosstic, are you i25 A. Yes. That's corre Daisay Reporting Scrvi( Page 21 Jamcs @@ Multi-Page' Bcavers v N & W 12/15/95 Page Page 24 I A. About 250 pounds. i place.' 2 Q. And a 16-foot crosstie. Does that weigh A They were working under instructions ftom 3 normauy about 500 pounds? 3 the track supervisor, Jim Stanton. 4 A. It woul(in't bc quitc that much. Frobably 4 Q Are ftre any maintenance of way standard 5 about 400 pounds. procedures thai relates to unloading switch crossties, 6 Q. How many of those ties are normally in a 6 such as they were doing that day? Is there Ue a 7 bundle, when they're being unloaded? 7 standard procedures document? 8 A. It would depend upon the location where they 8 A. As to the proccdure for actually handing the 9 werc going to be installcd. Wc replace otir switch 9 switch ties? 10 ties in a cycled fashion. You've got different 10 Q. Yes. And unloading them from the gondola I Inumbers of 16-foot switch ties and different si=s of I Icar- 12 turnouts. 12 A. No. 13 The size of the tLLmout is the length of the 1 3 Q. Because, for example, take ballast 14 tumout and the speed with wtlich you can go through 14 unloading. There's a standard procedures document i 5the turnout. So it varies. Therc wouldn't be a set i5 that details a lot of things in the procedure, I've 16 number, unless it was a brand new turnout, and then 16 seen. But there isn't any for this type of thing? i7 you'd have a @n number. 17 A. No. 18 Q. Would a bundle be at least four? 18 Q. Do ties like this normally come stacked in a 19 A- Not necessarily. You might only have one or 19 gondola car from the place where they're, I guess, 20 two. Or you might have six or cight. 20 being sold? 21 Q. On that day of the incident was it four per 21 A. YeS. Wbcn they're sent out in a bundled 22 bundle? Did your investigation reveal that? 22 condition they'll come in a gondola. Yes. 23 A. I don't thirik vm counted the ties. I'm not 23 Q. Do men like Mr. ]3eavers get any type of 24 sure of the ntlmber. 24 training, like classroom training or any program, 25 Q. But it was 16-foot switch crossties, wasn't Page 23 Page 25 1 it, that were being unloaded? i or tamout parts? A. @ bundled switch ties come in various 2 A. Basically ft training that they receive is 3 lengths. So you don't Tiecessarily have all the 3 of a generai natlire in general instructions, not 4 16-foot ties bundled in one bundle. It depends on 4 telling th= specifically how to pick something up or 5 the -- like I was tellirig you before, it depcnds on 5 put it down, but there are general instructions as to 6 the size of the turnout and the nwnber of switch ties 6 where you position yourself, how the crane operator 7 that you're going to replace within the turnout. 7 would make his lift to where the bundle would not 8 Q. Sonic of the ties could be of different 8 swing, and those type of instructions. 9 lengths, as you proceeded in the turnout. 9 But actually to sit down and have a 10 A. That's correct. And thev could be bundled io classrooin fonnal training, no. It's basically I Itogether. i ion-the-job training. I Q. Who was the foreman on that day when they 12 Q. Were there any videotapes -- sometiities I've 1 3were working, on the day he was injured? Was it PVLT. 13 seen like for certain maintenance procedures they'll 14 Helmandoflar'.1 14 have videotapes where they show the men the process. 15 A. Mr. HeLinandollar is a foreman in the 1 5Are there any of those that you know of on dw 1 6Bluefield area. As to whether he was at the job 16 Pocahontas Division for this type of operation? 1 7sitc -- my memory serves me that he was not right at 17 A No. i8 that work site at the tiine. 18 Q. Now, can you take me through substantial -- 19 Normally, when we work these cranes, a lot ig I don't know if you need to refer to this -- can you 20 of the time the cranc operator and the assistant crane 2o explain to me how the men were supposed to be doing 21 opetator work as a unit, and they don't havc any 21 what they were doing that day, as far as unloading the 2'@ foreman with them. They handle the job indepcndent of 22 switch crossties? And if we could do a little 23 anv other supervision. 23 diagram, what I'd like to figure out is where each 24 Q Do you know how they got their assigwnent to 24 crane was and where the gondola car was at the time .25 do the work that they were doing at that time and 25 they were unloading the cars. Page 22 - Page 25 Daisey Reporting Services-1450 Main S@-Princeton, N" 24740 Bcaven v N & W Multi-Page" James Gearhart 12/15/95 Page 26 Page 28 1A I can't tell you, though -- I can't give you iheavier cnd. And then they'll bring it out of the car 2diat. I don't know that. I understand what 2in unison and set it on the ground together. 3imrnediately preceded Mr. Reavers'jumping off the 3Q You'rc saying the whole piece is sort of -- 4flatcar. but as far as telling you where specifically 4if there is a car -- I'm bad at drawing. You're 5the cranes were and where each person was standing, 1 5saying the twng is sitting -- 6don't have that infonnation. 6A. You've got one crane here and one crane 7Q I guess what I was @ng to find out -- 1 7here. Your panel is between them. And your longer 8read Mr. Stanton's deposition, I didn't quite -- there 8ties arc toward the locomotive crane. Your shorter 9was a discussion that both crancs had to assist with 9ties are toward the Burrow crane. And what thcy do, io unloading the tumout parts because @ were so big. io they make a straight lift. They pick this up i iAnd Mr. Stanton was saying that, if I understood it i itogether. And then they swing to the side and set it 1 2correctly, that the tLLmout car with those heavy parts 12 down. 1 3had to be positioned betwecn the two cranes. Is that 1 3Q. And when they set it down, then it slowly 14 yoLLr understanding? 14 lays flat down? 1 5A. When the tmout -- are we talking about the 1 5A. That's right. Then they lay it down on the 1 6switch ties, or talking about the turnout? That's two 16 ground. 17 different operations. 1 7Q. So that's on a separate car, the big turnout 18 Q. Right. Can you take me through them one at 18 piece. 19 a timc, so I could understand, becausc there was 19 A. That's correct. nr switch ties -- if we're 20 certainly a discussion of thr fact that the switch 20 talking about a pancl turnout, the switch ties would 21 ties w= bcing unloaded onto the idler car, because 2i bc in a gondola which comcs with tWs pariel. 22 of the fact that they did not want to take that 22 But now your switclepoint section corms in 23 gondola car out to the site of the actual unloading. 23 the gondola along with the switch ties. So thry would 24 Do you follow me? 24 have to remove the switch point section before thry 25 A. Yes. 25 could Page 27 1Q. Can you please explain that to me? IThe switch ties are loadcd int( 2A. Well, the panel tumouts, the locomotive 2first at the rnaterial yatd, then the sN 3crane would handle the tcavier end of the tumout, 3section is put down on top of them. 4Ue we were talking -- 4Q By "switch point section," tha 5Q. How large is this tamout piece? Are we 5than the tamout part. Right? 6talking about it's just a preconstructed large part of 6A. The switch point sections are the pieces of 7the switch tic or point? 7the track where you actually have what we call switch 8A You take the turnout, and it's constructed 8points. That's what moves your cars from one track to 9in Roanoke, Virginia. And then they load it into a 9another track. Those switch points move over. io panel tumout car on its side -- 10 Okay, that section has got your short ties, I IQ Is that a specially constructed car'? I iyour eight, six, nine, and ten-foot ties. It will fit 1 2A. Yes. It's loaded on its side to where the i2 down into a gondola, a regular rail gondola. 13 ties are sticking straight up in the air. And then 13 They put that into the gondola. Then they 14 you take the two cranes, and basically the locomotive 14 have to load the longer ties that go anywhere from 10 i5 crane will handle dw heavier end, or the end that has 15 to 16 feet -- they have to load those where they stand 16 the longer ties on it. He will pick that end of the 1 6straight up. 17 turnout up. 17 Q. All right. So you're pointing to the 18 Q. What implement does he use on the crane? 18 vertical tw-nout car -- 19 A. He uses his chain. 19 A. We call that the ttimout section. And in 20 Q So men have to wrap something around the 20 tk longer turnouts you have about three pieces. The 2 ibottom of that'? 21 shorter ones come in two sections. 22 A. They wrap chains around tk end of the rail 12 Q Are there parts of the rail already 23 that's nailed to dc ties. They use the chains to 23 constructed onto the fies9 Is that what you're 24 lift -- the Burrow crane will handle the lighter end 24 saying? The Page 26 - Page 29 James Gcwrhart Multi-Pagc Beavcrs v N & W 12/15/95 Page 30 Page 32 Ito go. All you do, you put it down on the track and Iinto Bluefield. 2couple all yoLLrjoints together, and you've got track 2 Q. And how far is that, coming back the othcr 3ready to run on. You don't have to build it. It's 3way'? 4already built for you. 4 A. That's about seven miles, and it's uphill 5 Q Here is the major question again, so 1 5all the way. 6understitnd this. Why is it that the men couidn't take 6 Q. How long does that take, for that type of 7both of the cars to the site where they were going to 7crane and those vehicles? 9unload thm? Because they took the tumout car to 8 A. Well, it's seven niiles, and they would 9that sitc. Right? 9probably be able to only go five miles an hour, so 10 A. Uh-huh(yes). Yes. io you're talking over an hour. Say an hour and 20 1 1 Q. But dwv unloaded the other gondola car with I Inlinutes. 12 the crossties. 12 Q. What did they have with them on that 1 3 A. Yes. 13 particularjob? 14 Q. Can you exp@ to = why that's done that 14 A. Those cranes pull themselves. 15 way? 'fbat's what I don't undcrstand. 1 5 Q. I see. So there's no locomotive? 16 A. All right, the grade. Bluefield is at the 16 A. So they're pulling their own weight, and 17 top of the mountain. on the railroad. And the grade 1 7that's why they always try to reduce the amount of 18 going downhill, going west and going east, the men 18 weight they have to handle, in order to be able to i9 prcfcr not to havc to handlc any more cars than dxy 19 move more quickly. 20 have to, because of @ng to traverse that mountain. 20 Q. In Mr. Stanton's dcposition I thought that 2 iYou know, it's a gra&-. 2 1they were saying that the reason they unloaded in dc 22 It's like you try to e@nate -- if you're 22 two strps is because they would have to switch out thr 23 driving your car, so s you go down to low range 23 gondola car. 'Mey were talking about something about 24 to climb a hill. What they do, if they ehn-tinate the 24 switching it out. Is that still consistent with what 25 gon, @ eliminate that weight that @ have to pull 25 you were just saying? Page 31 Page 33 1to go back and forth up and down the hill. I A. It could be, yes, I mean, depending on where 2 Q. And it's slower, because it travels slowcr? 2the gondola car was in their movement they were 3 A. @t's right. @y have to use a lower gear 3making, to work toge@r to get to this panel. 4and they have to travel much more slowly, and the 4 I'm not sure w[iich side of -- whether the 5dispatc@ wants thcm to get out of the way quicker. 5panel was cast or west of which crane, and the gon 6 So if they can, they eliniinate the nwnber of 6rnight have been out of place. And if they could 7cars that they take with them, on any job they do, 7eliminate the gon, then they wouldn't have to -- see, 8simply because it's less weight for them to have to 9because they also had their idler cars moving. 9handle. 9 Q. The idler cars would go to the outside of 10 Q. So when they were unloading -- in othcr io where the turnout was'? i iwords, they were actually going to take the tumout to I I A. That's where they would have to have it. 12 what place on the track" 1 2Tfcn they would have to have the gon between them. 13 A. I believe it w&s out at Falls Mills. 13 You see what I'm saying? 14 Q. And that's how far from where they were 14 If they're going to have the panel car 1 5actually doing this unloading when Mr. Beavers got i 5be@n them, they've got the idler car with them, 1 6injured? it they would have to have the other gon betw=n the 17 A. @y were out at Flat Top, I believe, and 17 panel car and one of the cranes. i 8that is about, I don't know, maybe three miles 18 Q. Why does it have to be between? 19 distance away. 19 A. Because vou have the idicr car on the other 20 Q. Besides. it's hilly or it's mountainous 2o end of the crane. 21 type? 21 See, you can't do any work over the idler 22 A. @t's right. And I understood they were 22 car. If you look at this picture, see, the idler car 23 going to leave Falls Mills and come back to Bluefield, 23 is longer than the crane boom. 24 wwch is coming up the grade. So they were thinking 24 Q. You need to have the crane facing the other 25 that dwy wouldn't have to bring that gondola back 25 way. Page 30 - Page 33 Daisey Reporting Services-1450 Main Street-Princeton, @ 24740 Beavcrs v N & W Multi-Page@ Jamcs Gearhart 12/15/95 Page 34 Page 36 1 A. Yeah. You have to have @ cranc facing the igtade. That's what I'm saying. They werc aiways 2other way, just like he has a hopper car hete. You'd 2@ing io figure -- you know, if you're working on 3bave to have the gon on the end where the hopper car 3flat ground. it doesn't make a lot of difference, but 4is. in order to be able to handlc the material out of 4when you're working on a grade, you're always trying 5the car. 5to figure how can you lighten your load whcre you did 6 Q I think I understand what you're saying. 6go, and also so you can stop. The weight would make 7Let me just see if I can draw myself a little diagrain 7it harder to stop. So these people are very good at 8hete. gfiguring out how they can do that. 9 A. All right. Well, let rne just show you here. 9 Q. And, of course, it decrcases the amount of 10 Q Okay. io track time thcy have to inwffere with the train I I A Het-e's your panci c2Lr. HeTe's your crane. I imovements. 1 2You've got your idler there somewherr. Right? And 1 2A. That's right. 1 3the idler is going to be behind you. In order for hiin 13 Q. And that's a major consideration. 14 to get next to the panel car, he's got to have dc 14 A. That's right. I mcan, you know, we're in i 5idicr on the outside. 1 5the business to movc trains. 1 6 If he has the gon, he's not going to be able 16 Q. Did tiry always do it this way? Did you 1 7to do anything with the ma@ that's in the gon, 17 have any -- when you investigated it, I mean, is this 18 because the gon will be over h=. So he would havc i8 the way thcy would do this @ of thing, or it just ig to switch that out. Tbat's what he's tawng about ig depends on where they're going and what thcy're trying 20 switcwng it out. 20 to accomplish? 21 He would have to either switch it out from 21 A. Well, each job you do and each location that 22 the idler car -- and that's going to take going 22 you work in is different. The switches, the location 23 somewhrre, where he's got a track. 23 of the switcbes, everything changes. 24 Q. Where he has a switchout. 24 So you really can't say that this is the way 25 A. That's right. 25 you always do it. You just figure out what the most Page 35 Page 37 1 And so if they don't have this car, then Iexpeditious way and efficient and safe way is and 2they don't have to worry about making a switch. And 2that's the way you do it. 3that's why they wanted to put the material, the switch 3 So if fty had been I 0 miles farther away 4ties, on their idler car. 4from Bluefield than they were, they might have done it 5 Q. Then when they got there, if dry do that 5a diffemnt way, because of wh= they were, and what 6move first, and the crossties are on the idler car, 6was available to them. 7how do they get the crane to that, or how do they 7 Q. Well, let me ask you this: If they switched 8unload tir crosstics then'? 8out that gondola car, Ue they (iid, who then picks up 9 A. See. the cranes switch. 9the gondola car to get it back to wherever it's got to 10 Q. I see. io go'? Is that just in the nonnal switching operations? I I A The crane would be facing the other way to i iin other words, they wouldn't come back and get it. 12 get to the panel car, and would be facing this way to 12 Who would pick that up? 13 get to their material. So they can just tLLm the 1 3 A. We would probably have a work train or 14 crane around and be over top of their ties, and then 14 revenue train to pick the car up. It's much easier i 5they can set their ties off. i 5for them to usc an engine to handle the cars. We try 16 Q. So I guess what -- how much more weight, 16 not to have to move cars a long distance ourself. We 17 though, is it? In other words, they were still 17 would rather have an engine do it, because naturally 18 c@ing dr weight of the crossties on an idler car 18 he can do it much more casily, and we wouldn't be ig once they do a preliminary move. 1 9wearing our cranes out handling cars, running up and 20 A. Correct. 2o down the tracks. 21 Q. How much does it really reduce, in other 2 1 Q Back to the precise operation that was 22 words, the weight -- 22 happening at ft time that he was hurt: As you 23 A. Well, you've got the entire weight of that 23 understood it, from your investigation -- let me put a 24 gondola car, which would weigh anywhere up to probably 24 crane something like this. .25 about 30 to 40 tons, and that's a lot 25 Let me mark this as Daiscy Reporting Scrvice@1450 Main Strcet-Princeton, %W 24740 Page 34 - Page 37 James Gowbart Multi-Page' Bcavers v N & W 12/15/95 Page 38 Page 40 I (Gearhart's Exhibit No. 5 was I the fourth one was hanging down. So they wrapped the 2 marked for identification.) one chain around the bundle of ties, and then hooked 3 B)'MR. SHAPLRO 3 it back into itscif, to where it would hold the ties. 4 Q. So we've marked @ rough sketch of a 4 Q So basicallv you would have had a bundle 5 rumout panel car that was between the two cranes as 5 coming through here somcwherc? 6 E@bit 5, and I just started writing on something, 6 A. Yeah. And your chain, you would have just I I'll put a "C" up here on it. 7 brought it around and wrapped it to itself, see, like -S At the time Mr. Beavers was assisting with 8 that (indicating) in a wrapped fashion. And then they 9 the unloading of the ties, obviously there was a 9 picked it up and -- 10 crane, and in the direction in which the boom was 10 Q. You put that in the @ddle of the bundle I Ifacing, do I presume that the idler car was in that I Isomewhem9 12 direction.' 12 A. Tbat's correct. You balance the load so 1 3 A. YCS. 13 when you bring it up it all comes up l@l, or fairly 14 Q. And where was the gondola car from where 14 close to level, and then you pick it up out of the car 15 they wem taking the switch ties out of. as you 15 and you bring it over here and set it down, and after 16 understood it? 16 you set it down, then you unhook the chain and you I A. nr gondola car was on thr adjacent track, 17 pull it back out from LLndemeath the load. i 8the track to the side. So they were picking thein up 18 And what I understood was that one of these 19 out of one track and putting them into another track. 19 other chains had come down, and Bill started over to 20 Q. So I'll just pat -- this wiU be a very bad 20 put it back up, and about that time the bundle moved 2 1drawing, but put a car here. 21 and then Bill jurnped away from what he thought was 22 MR. kDKINS: Noric of that makes -- 1 22 going to get to him. 23 understand what you're doing, but the diagram doesn't 23 But he was not in a position to have gotten 24 make any sense. 24 hurt, but he thought he was, at the @. 25 BY MR. SHAPIRO 25 Q. I saw a reference to that. So was Beavers, Page 39 Page 41 1 Q. So on t[iis diagam, there were two tracks I as far as you understand -- 2 beside each other. The gondola car was on the 2 A. @ picture will -- if we can see that 3 adjacent track. and the crane is manipulating to lift 3 picture that you had, that pictw-c will help me to 4 up bundk-s of ties, and thrn it's moving back over the 4 show you wherc hc was standing. 5 track where the idler car or the flatcar is, to lay 5 Q. This is Exhibit No. 2. Yes. 6 the buncres down. 6 A. There is a little platform -- this platform 7 A. Tbat's correct. 7 runs along the edge. You see where the number of your 8 Q. And what devicc was on the end of the crane 8 car is? 9 coming from this -- 9 Q. Yes. 10 A. He had a hook with a four-way chain. And 10 A. That is raised up above the deck of the I Ithey had wrapped one of the four-way chains around the I Iidler car. 12 bundlc of switch ties. 11 Q. The middle picture. 13 Q Is this like a lorig chain that has hooks on 13 A. He was standing -- that is probably about 14 each end or something? 14 eight or 10 inches wide on top, and he was standing on 15 A. Tbat's right. Tiry'rc about -- now I'm not 15 top of that -- 16 sure of the exact lcngffi of this one, but thcy can nui 16 Q. Top of that lip-type thing? 17 anywhem from -- each section of the chain could be 17 A. On top of the lip. And he was standing next 18 eight to 12 feet long, where you take the chain -- dw i8 to dr bucket. And the bundles were being placed in 1 9chain has got a hook on one end and then it's a 19 this area here. 20 four-way. Each one of them has a hook at the end of 20 Q. Before you go on, what we don't have here in 21 it. 21 this picture is where the other gondola was, so -- 22 Q. And you're drawing that little chain on the 22 A. Okay, the other gondola -- 23 bottom of diagram "C." 23 Q. Would it be far to the back of this photo? 24 A. Right. What they did here, they had three 24 A. Okay, the gondola would have been eidw 25 of the ftins wete hooked into the big ring, and ftn 25 over on fts side or on tffis side, @diately Page 38 - Page 41 Daisey Reporting Services-1450 Main S@-Princeton, @ 24740 Bcavers v N & W Multi-Pagc@m Jamcs Gcarhart 12/15/95 Page 42 Page 44 ibeside ireaction on his part. And the man has very quick 2Q Which side? 2rcactions. He's always bcen that way. 3A. Well, I'm not sure. no. But it would have 3o I mean, he obviously perceived that he was 4been on either one of the sides. But it would have 4in some danger'? 5been fight alongside of the idler car, so you could 5A. He had perception that he was in dangcr and 6pick up and swing around and set down. 6he made a quick move. 7Q All right. 7Q. Are you sure that he was always -- is that 8A. And that was the action that I understood, 8the position that they're directed to stand in, as far 9they were setting them down, and I think they had put 9away -- in other words, on the lip? Are you sure he io two bundles down and they wete putting the third io wasn't closer to the bundles, becausc he had to reach i ibundle down; the chain caine off; one of the chains i ithere to gct -- 1 2that was not being used came down and he stepped over 12 A. I understood that he was standing on the 1 3to rehook that to the eye, to the ring. 13 lip, because he wouldn't have to be in any contact 14 Q. Pight. 14 with that bundle at all unfil the bundle was down and 1 5A. And during that timc one of the buncLIes i sthe crane had taken all the weight off the -- set it 1 6shifted, and he just inim@ately jumped down to the 1 6out and given him slack in that chain. Othcrwise, he 1 7ground, from the -- from where he was standing, he 1 7couldn't have unhooked it, anyway. i 8jumped down to the ground. I 8Hc had to have slack in the chain, so there 19 But the bucket and ttr standard of the 19 wouldn't be any pressure on that bundle when he went 2o bucket was between hiin and the bundle. So he really 20 to take the chain off. 21 wasn't -- the bundle couldn't have gottcn to him 21 Q. That's the procedure. He's got to wait 22 because there wcm things between hiin and the bucket, 22 until it's slack -- 23 as far as if they IM rolled to him, they would have 23 A. That's right. 24 been stopped before it got to hirn. But he didn't 24 Q. But in your investigation, he had dmady 25 reali2 25 disconnected the actual chain that was around ft Page 43 Page 45 1Q But I thought there was no bucket. I ibundle and was going to reach up to put back the one 2thought it was just a chain on dr bottom of flw 2that had fallen from the -- 3crane. 3A. Yeah. I think that was about at the same 4A. Well, the bucket -- you see how the bucket 4time. Yes. 5is laying here now? 5Q But if he was doing that, he obviously did 6Q Right. 6have to stand right near the bundle, to get to ft 7A. The bucket was on there. 7point to hook the eye. 8Q. Oh, @re was an unused bucket sitting on 8A. But he would be standing beside the bucket. 9the idler -- 9In other words, to be standing next to the bundles, he 10 A. Yes. See, the idler car -- this mater-ial io would be beside the bucket while he was doing that. i istays on the idler car all the tiine. They usc the I IQ. All right. But he couldn't have becn 12 open portion of the deck at times to put material, and 12 standing on the lip, to put the chain on the -- he 13 that's what they were doing on tWs date. They were 1 3could have moved back -- 14 using this opcn portion of the deck to put the switch 1 4A. But when they put the bundle down he was i5 ties on, so that they wouldn't have to take the 1 5standing on the lip. @n the chain came off. 16 gondola. 1 6Q. Oh, so he might have been on -- 17 Q. So your inforination is that the bucket was 17 A. He was standing over on the side whem the 1 8toward the side he was standing on? i 8bucket was. That was the understanding that I have. 19 A. Yes. He was on the same side as the bucket. 19 Q Okay. But he did have to -- he had to get 20 So if the bundle had rolled off the other two bundles, 20 near the -- 21 it would have conie in contact with the bucket, and 21 A. He had to step over to put the hook back on. 22 this other stuff here. 22 Q. Right. 23 And he was basically in a point of safety, 23 A. But he went -- when the thing happened, he 24 but he just thought lr wasn't, and hejumped. And it 24 Stepped back over and juinped off of the flatcar, of i25 was one of those things, a reaction. Daiwy Reporting Service@1450 Main S@-Princeton, WV 24740 Page 42 - Page 45 lanics @art Multi-Page' Bcavers v N & W 12/15/95 Page 48 I But he was beside the bucket, i t well. I've been on the railroad about 25 2 ft buckct. He wasn't over here. He 2 years now. and wc've used chains to unload ties my 3 of the bucket, and there was obstacles. If that 3 whole career. 4 bundle -- the bundle did not roll off, but if it had, 4 Q. Let me ask you a question about before Mr. 5 it would have -- it would not have been able to get to 5 Beavers' accident. In your time as division engineer 6 him, whem he was. 6 or working on the railroad, had you ever been familiar 7 Q. I twnk that the accident report or the 7 with any prior incident where any worker was injured 8 testiniony was that this was the third bundle'? 8 in any way, whether ankle OT atiy type of injury, but 9 A. Yes, sir. 9 caused through some shifting or movement of bundles of 10 Q. But were they all stacked on top of cach jo ties being unloaded? i iother? I I A. You lost me. I really don't understand what 1 2 A. Tb= was room here. I think the way they 12 you're -- how you're going about that. 1 3had it, @ had two and we= putting the odw onc on 1 3 Q. Have you evcr heard of any od= workcr [4 top of the other two, kind of @ a ttiangle. 14 being injured before Mr. Bcavers in the crosstie 1 5 Q. And one of the other ones did say them was 15 unloading proccss? 16 sonv snfting. 16 A. That's a pretty general question. 17 A. Yes. Thrre was some shifting. That's what 17 Q. Well, I realize it's general, but I need to 18 caused him to re@. i8 ask it. 19 Q. If those were 16-foot switch ties, then if 19 A. I don't understand in what way. I mean, in 20 dx-re wm four in a bundle, that would have been over 20 my career, we used to unload ties by hand. We've 2i 2,000 pounds per bundle. Right? 21 unloaded -- see, the process of having @ switch ties 22 A. n 1,500 and 2,000 pounds. That's 22 banded togethet is fairly knew. I'd say that was 23 CorreCt. 23 within the last I 0 years. Probably the switch ties 24 Q. And they were banded with some nictal band on 24 were handled loosc and @ could be handled with a 25 each end, or something? 25 chain oT a bucket. So I'm not real sure exactly how Page 47 Page 49 1 A. Yeah. Tbey're banded with either two or I to answer your question. ffi= bands. They usually band them about five feet 2 Q. That's fair. So let me try to make it a 3 from each end. So they would have been kind of in a 3 little more narrow. 4 square fashion or, you know, rectangular fashion, in 4 In other WOTds, in the process of using 5 other to get them tight. If there were four of them, 5 cranes to unload @tch ties, whether they're banded 6 they weic probably two on two. 6 or not, did you ever hear of anyone being injured 7 Q. How do the men get a chain undemeath a flat 7 before Mr. Beavers, that was a helpet, in some way in 8 bundle of four ctossties? Is there a gap down there? 8 manipulating the crossties and unloading them, whether 9 A. Generally the gondolas will not have an 9 to a car or to the ground? 10 cxactly flat bottom to them. The idler cars gencrally I 0 A. I can't think of a specific injury, you i idon't have -- what they will do is they will put it i iknow, with a date. place, and time. and person's name. 1 2under where there's a gap, where there's an opening. 12 1 mean, we -- 1 3 We were not dealing with eve@ng 13 Q. It's a process that defin@ly is fraught 14 pcrfectly flat here. Plus, you know, they might be on 14 with some danger, because of the movement of the ties. 1 5an angle. 15 You would agree with that, wouldn't you? 1 6 Q. If the twrd one that was being put down was 16 A. YeS. 17 on the top, there had to be some spacers or something 1 7 Q. I mean, they'rc very heavy and you havr to i 8for them to get that chain -- 1 8be very careful as to how those are unloadcd? 1 9 A. Thcre iiiight have been room between those and ig A. YCS. You have to be careful that you don't 20 the other ties. 20 have them set down on your @t or you don't have them 2 1 1 know what you're saying, but they always 2 1pin you against something. I mean, you know, yes, 2@. figure a way that they can -- there's a gap in there 22 you're correct. They can be a sliifting load and you 23 where dcy can get the chain in and out. 23 have to be aware of that. 24 Q. How long had crossties been unloaded in that 24 Q. It's one of the more precarious and 25 gerieral fashion? For many years? 25 dangerous oi)erations that these men have to do, as far - Page 46 - Page 49 Daisey Reporting Servicml450 Main Street-Princeton, V" 24740 Bcavcrs v N & W Multi-Pagc'@ James Gearhart 12/15/95 Page 50 Page 52 iaLs @ir daily activity, wouldn't you agree, in thatIobject to that, and it is totally irrelevant to t[iis 2you're moving hea%,y objectives -- zlawsuit and what happened at this lawsuit. So wc 3A. What do you mean by "precafious ... 3would object to that. 4Q. Well, in the sensc that it's heavy equipment4 MR. SHAPIRO: i undcrstand your 5that the men like Mr. Beavers havc to really be close5objection. and I'd like to go into some of it with the 6to while they'rc being unloadcd. 6objcction notcd on the record. Is that okay'? 7A. Well, I'll make this statement to you, that7 MR. ADKNS: Yes. 8there's not one job that we do out here that can't bc8BY MR SHAPIRO: 9done without injury. There's not onc job. And so9 Q. Mr. Gcarhart, @ the time of June '92, io when you say -- ask me if sonicthing is precarioLLS,Iio when this accident happencd, I understand that i ithink it's precarious to drivc on Intcrstate 77, with i ihave bcen some changes in the way that the crossties 12 the big trucks. 12 arc unloaded. Are you aware of those? 1 3But. I mean, every job that we do can be 1 3A. As a result of any injuries that we have, we 14 done safely. 14 always try to detennine what we can do in the fumm 15 Q Well, in the process of unloading these i5 to iinprove anything, you know, the process or anything 16 crossties, and in the way that Mr. Beavers was doing 16 that we can do to help keep it from recurring. i7 it. he has to gm right next to those crossties at 1 7With that said, we investigated the use of I 8some point where they're being unloaded, doesn't he? 1 8chains, and we are trying not to use chains for -- I 19 A. Of course. ig mean, chains are designed to lift, and they can be 20 Q And thare's a pretty apparcnt danger in that 20 uscd to wrap things, but you can't get all the slack 21 the crossties could shift while the men are ncarby. 21 out of them. Once you wrap a chain, you pretty 22 That's known. Right? 22 well -- that's all you're going to get. It won't 23 A. An@g, anyfim you handle differcnt 23 tighten up any more. So where we can, we use stings 24 objects widi a crane or any type device, even handling 24 of various composition. 25 it between two people, 25 Q. Page 51 Page 53 ithat -- ito a fiber type of sling? 2Q. And you could have some shifting? 2 A. YeS. 3A Yes. So that wouldn't be something that the3 Q. Has that been done just on the Pocahontas 4mcn would not be aware of and safeguard against.4Division, or was it donc system-wide? Do you know? 5Q Do you tnnk Mr. Beavers was unreasonable in5 A. I think that has been a general procedure or 6inoving so fast to get out of the way? 6a general use over the railroad. 7A. Mr. Beavers has very quick reflexcs, much7 Q. Are you aware of whether that change had 8inore so than, say, somebody like myself, and 18anvthing to do with Mr. Beavers' accident or not? 9think -- you probably know people that are that way,9 A. I'm not -- I can't tell you that for a fact, io too, that if you touch them and they don't know you're io that it had to do with his accident. I know it's i igoing to touch them, they jump. Some of them will i isomething we've been reviewing and looking at in the 1 2turn around and smack you, you know, and then they'll i2 use of olir other cranes, like our trLLck cranes. i 3realize what they've done. 1 3 We've used them with our truck cranes, 14 And Mr. Beavers had v@ quick reflexes, 1 4because they're lighter than the chain. So it's 15 inore so than, you know, what you would say the normal 1 5easier. You can handle more weight when you have 16 person would have. 1 6less -- the slings don't weigh as much, so you can 17 Q. Since the date of the accident of Mr. 17 handle more weight. 18 Beavers, sometimc after that, I've understood that 18 Q. You said that the straps also, or the fiber ig thereIs been some changes in the way that the ig sling, can tighten. What's the method where it comes 20 crossties have been unloaded now, on the Pocahontas 2o back around? How much does it tighten it9 2i Division. 21 A. I just wraps around. it just goes dirough 22 MR. ADKINS: Let me just for the 22 itself. It would be just like -- I'm trying to think 23 record -- I don't know if there have been any changes 23 of something that the average public would use. 24 or not. but if therr have, let me say that would be a24 Q. in other words, once there's a -- 25 subsequent remedial measure and obviously we would that diagrai DiLisey Reporting Servicc@1450 Main Street-Priuccton, WV 24740 Page 50 - Page 53 James Gearhart Multi-Page' Bcavers v N & W 12/15/95 Page 54 Page 56 I The sling basically goes through itscif, so i in comparison to the sling, so you would be able to as you pick up, this tightens against @re. As 2 handle morc weigh(. because you would havc less weight 3 you'rr lifting, this gcts smaller. 3 with the chain. 4 Q. Oh, okay. 4 Q. And werc slings being used on some of those 5 A. As you pick it up, It draws up. So injury 5 booms on the maintenance of wav gang trucks by the 6 or not, it makes things easier to handle, I mean, and 6 late 1980s''' 7 wc'll use them for all types of picking up, notjust 7 A. WCII, we really hadn't gotten into the use 8 switch ties. 8 of the boom trucks, I @ until the early '90s. I 9 Q. Are there more than one sling, or is it just 9 mean, we had a few around, but I think our boom trucks 10 a singic sling in the niiddle of a bundle of crossties 10 have gomm to come more into conunon use. I mcan, we i ithat's being used now? i istill have gangs that don't have boom trucks. 1 2 A. It depends on the number of switch ties that 1 2 Q. Some of those wcre in place before '92, 13 you're handling. But generally, it's just one. 13 though. 1 4 Q. Like if it's in a bitndle, it's just in the 14 A. That's correct. i 5niiddle? 1 5 Q. Let me go back to dw procedure Mr. Beavers 1 6 A. YCS. 16 was using on that day. Why @'t they using more 17 Q. Before the -- 17 than one of the chains to balance that bundle, by the 18 A. But, sec, wc also use the slings for picking i8 way? 19 up things like switch stands. You know, we pick up 19 A. It wasn't necessary. 20 twngs that are a little bulky, bulky loads, say a 20 Q. In odier words, using one or two isn't going 2 1pallet load of plates, and you can use a sling. So 21 to affect the balancing of it? 22 we're using them for v@ous things, not just switch 22 A. Well, you pick it up. You have the same 23 ties. 23 problem with two as you have with one. You've got to 24 Q. Had you used slings like that before June of 24 get them positioned. And they're both going to the 25 '92? Had you evur scen those used on the railroad 25 saine ring, so if you're not careful, thcy' II just pull Pagc 55 Page 57 1 before? i together when you lift. If you don't have a way to 2 A. Diffemnt places. Yes. 2 keep them apart, they're going to come tog@. 3 Q. What uses were being made of the slings 3 So you tjy to balance your load and pick it 4 before June of '92? 4 up at one common point, bccause your cable -- you're 5 A. Slings have been used, you know, in 5 going to one common point at your ring, anyway. So it 6 different places along oLLr railroad for different 6 wouldn't have -- 7 items. I inean, just like what I'm telling you about. 7 Q. Do they ever use more than one with bundles? 8 Q. Like which kinds of items, before '92? 8 A. I'm not fainiliar with using more than one, 9 A. Well, l'in sure that slings might have been 9 because it doesn't really help you, because you're 10 used to handle switch ties or things that the shops io still pulling to one conunon ring. So you've still got i imight have handled, fike boistcrs, things that they i ione pickup point. 12 use. car parts. truck sides. 12 Q If they had not done the intennediate 13 Q Did yoti see thein used in some of the 1 3unloading process to the idler car, the unloading 14 railroad shops before '92? 14 could have been done directly from the gondola car to 15 A. I'm not sure about a date on that. No. 15 the gound at the site where they're going to do the 1 6 Q. What about -- I @ I've heard of their 16 work. Is that true'! i 7use on the booms on gang trucks or actual maintenance 17 A. Yes. i8 of way trucks where they used the actual type of sling 1 8 Q. And instead of being two processes, them 19 setup? ig would be one of unloading the bundles. 20 A. Our use of dw booms on the trucks has 20 A. That's correct. 21 probably brought that on morc. And that's what I was 21 Q. Have there been any instructions since June 22 tclling you before: Because they're lighter, you can 22 of '92 about elijninating an intermediate unloading so 23 handle more weight. 23 you can just do this process one timc? 24 Q. Those weren't used -- 24 MR. ADKINS: Again, just for the 125 A. @ the chain is fairly heavy, you know, 25 record, let nic wust put thr same ob'ection on. I Page 54 - Page 57 Daisey Reporting Services-1450 Main Sftd-Princeton, W 24740 Beavers v N & W Multi-Page" Jamcs Gcarhart 12/15/95 Page 58 Page 60 idon't know if ihere have been any changcs or whatever, iyou note like therc's been a mistake made or 2but if therc havc been, it's a subscquent remcc[ial 2something, you can then indicate by page and line what 3DiCasure and we would object to going into it. 3vou think you said ai that particular time. 4 MR. SI]APIRO: The objection is noted. 4 Gencraliv -- I think we have an cxceilcnt 5 TliF WITNESS: That would be a fairly icourt reporter -- people don't wani to take the time. 6general response that I could give you, is that in oLLr 6But that's yotlr dccision, not mine. if you want to do 7safetv efforts, we've tried to get people to rcduce 7that and review it, vou certainly have that right. 8the amount of labor, the amount of handling that they 8 THE WRFNESS: I guess I could ask for 9do of anything, so we try to makc one lift rather than 9your tecommendation. io two, simply because, as you're saying, it takes time 10 mR. ADKiNs: i,djust suggest that you i ito makc two lifts. i iwaive it, sir. 12 So, ves, we do try to reduce the ainount of 12 THE WITNESS: I'll waive it. i 3handling that we do of anything. 1 3 MR..,;@[Ro: Before we finalize, we 14 BY MR. SHAPIRO: 14 never marked this as an exhibit for the record. Why 15 Q. By cutting out orie handling maneuver, it's 15 don't we go ahead and have him put on dwre No. 6. 1 6obviously reducing the risk of a shifting problem and 1 6 (Plaintiffs' Exhibit No. 6 was 1 7ultimately a risk of injury, I take it. Would you 17 marked for identification.) 18 W='? 18 (Witncss excused) 19 A. That, and also the time involved. Plus you 19 (Whereupon, at I 1:00 a.m., EST, the 20 could darnage what you're handling, if you handled it 20 foregoing deposition was concluded.) 21 more than once. 21 22 Q. Did you evcr go to the site to get the men 22 23 to re-enact anything about what happened, w@ at 23 24 the site or the other location? 24 25 A. 25 Page 59 1STAT' @F WEST VIRGINIA 61 1 Q. Did anyone do that? Did Mr. Stanton do 2STATE @T @GE,t 2that? 3 A. Mr. Stanton did that. 1, ki ch.@i B. 4 QDid he just go and have the men describe @ld H.,@ly nbli@ Ilh@ .@d t.@ 5exactly what was done? '@l., d. h.@b, 6 A. That's coTTect. @l,., b.t@@. @. @ Ih. 7 Q. Did they describe it or did they actually li@c. 11. Ih@ h.@@.f; Th@l 8re-enact anyftng? TI@@ h. 9 A. They tried to -- well, they didn't try to io get the bundles to roll or anything, but they went i i@ough what they had done, and I think thq probably 12 talked more than dry actually did, to get to what ...... .. 13 transpired before. 14 Q Was Mr. Beavers there when @y did that9 i5 Do you know? 16 A. I don't remember. 'T STIP'-@TED @l@@ AG@ED by @h@ 17 mp,. s@iro: i think that's all i8 questions I have or Mr. Beavers' casc. 9 -I 19 mR..A-D@s: i don't have any 19 Gil@, y h.@d Ihi@ 20th ily f 2o questions. 21 Mr. Gearhart, you have a right to read and 22 sign the deposition prior to ft time that it's filed 2@ S,@, P@bl,@, SI-- -t 23 with the coun, or you may waive that right, which 24 nicans that the deposition will just be filed with the 24 M, C, 1,@ 10, 2003. coul Daisey Repo@ Servic 1450 Main S@-Princeton, WV 24740 Page 58 - Page 61 Jmmcs Geerhart Multi-Page' Bcavers v N & W 12/15/95 1 l@ 0 E 15 'E"@ART'S FOR :DENTIF:CATION IN E'IIDENCF 16 N,, 17 is N,. 30 19 N.. 6 60 - 21 61 22 23 24 25 Pagc 62 - Page 62 Daiscy Rcporting @ces-1450 Main Stiect-Princcton, V" 24740 Position Titl@: Division Engineer Company: Norfolk Southern Location: Bluefield, NV Department: Maintenance Responsibility Identification No. 628/31242 Job Position No,; 00368 Incumbent: each@ Reports To: Chief Engr Line Maint.. North (Incum ent's Signature) Approval: (Supervisor's Signature) Notes; Date: am CTION: The Division Engineer is responsible for planning and supervising effective daily track and structures maintenance operations and recommending program maintenance priorities on the Pocahontas Operating Division. This position is also responsible for the safety of personnel and for ensuring safe train operations while conducting maintenance operations. This position requires a thorough know)edge of train operations, engineering principles and railroad maintenance practices. DIMENSIONS: Nonaoreement Contract @ I Employees directly supervised 3 0 3 Employees indirectly supervised -a 3u EQ Totals 23 350 373 Territory: 1,419 mainline track miles with 926 bridges (25.79 miles), 100 tunnels (19.99 miles), and 6745 culverts in 4 states. 1989 Operating Expense Budget: $18,986,000 1989 Bridges and Structures Capital Projects Budget: $ 1989 Total: $19,943,000 PRINCIPAL ACCOIJNTABILITIES, 1. Ensure effective and safe general maintenance of tracks, structures, roadbed, and right of way in compliance with Company, federal and state standards. 2. Provide timely, efficient and effective maintenance service for sudden damage of track and structures In order to ensure continuity of train operations. 3. Determine long and short term maintenance requirements and recommend maintenance programs and budgets which best address those requirements. POSITION DESCRIPTION Position Title: Division Engineer p ABILITIES: (cont'd) 4. Achieve a good safety performance for personnel under his jurisdiction. 5. Train, develop and motivate employees to perform properly and efficiently in order to achieve objectives. 6. Protect, represent, and advance the Ccxnpany's interest in the best manner possible in dealing with other businesses. individuals, or Governmental agencies. NATURE AND SCOPE: This position reports to the chief engineer line maintenance along with three other division engineers. The incumbent is responsible for the operation of the line maintenance activities of the maintenance department on this division. He must supervise, carry out. and recommend effective track and structures maintenance programs through proper planning and direction of employees under his jurisdtction. He Is accountable for operating within the limits of his budgets. The positions of assistant division engineer, assistant division engineer-bridges, and assistant to the division engineer and assistant to the division engineer report to the division engineer. In turn, the track supervisors. assistant track supervisors, bridge and building supervisors and the chief clerk report through the above positions to the incumbent. The incumbent Is responsible for directing daily track maintenance and bridge and structures maintenance in such a manner that the safe and efficient operation of trains is accomplished. The incumbent must be thoroughly familiar with engineering principles and railroad maintenance practices and have career experience in those areas. The incumbent ensures that labor, material, and equipment are available and efficiently utilized to accornplish this objective. In addition, the incumbent is responsible for coordinating activities in conjunction with program maintenance work. Such activities include unloading material and ballast ahead of system gangs and right of way cleanup behind system gangs . The Incumbent also directs construction of most new tracks on the division. Incumbent is responsible for the coordination, schedullng and planning of the construction work on his division, including approval or acceptance of work and material used in construction. Through the assistant division engineer bridges, the incumbent directs the activities related to the maintenance, construction, and reconstruction of train carrying structures. Division Engineer MATURE AND SCOPE: (cont'd) The incumbent spends approximately 70% of his time traveling throughout his division, which necessitates frequent overnight trips. The largest portion of this traveling is to inspect track and structures and to coordinate and advise local supervision of the various work activities. On occasions when derailments or acts of God obstruct track, halt traffic or otherwise cause delay or stoppage of trains, the incumbent is responsible for obtaining the necessary forces, equipment, supplies, etc. to assist in restoring traffic. The incumbent must be familiar with various labor agreements. He is responsible for building, leading, and motivating an effective organization on his division, thereby creating a working atmosphere which results in harmonious employer - employee relationships. He must ensure that an effective safety program is in place and that Maintenance Department goals are achieved. He must be thoroughly familiar with Norfolk Southern Safety and Operating Rules, MW&S Standard Procedures and various federal, state and local government rules and regulations. Furthermore, he must establish and maintain effective working relationships with division officers of other railroad departments in order to coordinate maintenance activities. The incumbent is in daily contact with the chief engineer line maintenance and receives policy guidance from him. He holds periodic staff meetings with local supervisors in order to communicate matters of policy and general interest and further keep up to date with activities. m .121" @ j. , t A @ -e 2.- INITIAL REPORTING TSAR DATE 06-i5-9-.) TIME 03liF'M LOCATION - YARDS. VA FACTLITY 62 TO: CMI -NORFOLK-VA/EVF'O GWW PRO -ATLANTA-GA/MWMTC -ATLANTA-GA/MWMTC TLI -BLUEFIEL-WV/DSUPT BRT -BLUEFIEL-WV/DSUPT JDG -BLUEFIEL-WV/SEC BEAVERS. W A 1 7 RT 2 BOX 60 EMPLOYEE ON DUTY SSN 229-74-498,9 42 YEARS OLD N TAZEWELL, VA 24630 LABORER-TRK MAI 6 FT 02 INCHES TALL 2iO POUNDS SENIORITY DATE - 06/01/74 DEPT. - ENGINEERING-MAINTENA REST DAYS - SAT SUN Oi2 MO AREA/ASSGN, REGULAR ASSCNM NMRS ON DUTY - 02 REST HOURS PRIOR TO THIS TOUR DUTY - ii PLACE OF INCIDENT -YARDS STATE - VA MILEPOST - N-370.9 DIV - POCAHONTAS DIVISIO INCIDENT DATE - 06-i4-92 TIME 0900AM WEATHER - CLOUDY 70 DEGREES DAY ACCIDENT TYPE - FALL - DIFF LEV BODY PART - ANKLE RIGHT INJURY TYPE - SPRAIN ACTIVITY - UNLOADING OBJECT OF ACTIVITY - UNKNOWN SOURCE OF INJURY - UNKNOWN PROTECTIVE EQUIP - HARD HAT, EYE PROTECTION LOST DAY NO LOST DAYS REST DAY NO RESTRICTED DAYS TYPE OF MEDICAL ATTENTION - DECLINED TREATMENT DESCRIPTION OF TREATMENT: DECLINED TREATMENT PHYSICIAN/HOSPITAL - ADDRESS - EMPLOYEE DESCRIPTION OF INCIDENT: I WAS TRANSFERRING BUNDLES OF SWITCH TIES WITH CLAMSHELL WHEN I CHAIN OF THE FOUR-WAY CHAIN HOOK CAME LOOSE FROM EYE OF CHAIN. WHILE LOADING BUNDLES OF SWITCH TIES ONTO THE IDLER CAR, THE LOOSE CHAIN WAS FALLING BETWEEN OTHER BUNDLES OF TIES AND IDLER CAR AND BUNDLE WAS RESTING ON THE OTHER BUNDLE OF TIES AND AFTER GETTING HOOK OUT, THE BUNDLE MOVED AND I JUMPED FROM THE CAR TWISTING MY RIGHT ANKLE. WAS EQUIP. INVOLVED IN INCIDENT? - NO INITIAL/NUMBER - TYPE RAIL EQUIP - NONE WAS EQUIPMENT DEFECTIVE? - NO WITNESS TO INCIDENT: NICHOLS, J D RR 4, BOX i58A BLUEFIELD, WV 2470i LUSK, S M 807 HARRY STREET BLUEFIELD, WV 2470i FARMER, 2 R - P. 0. BOX 266 FALLS MILLS, VA 246i3 DESCRIPTION OF Now INCIDENT OCCURRED: MR. BEAVERS WAS ASSISTING IN TRANSFERRING BUNDLES OF SWITCH TIES WITH THE CLAMSHELL USING A 4-WAY CHAIN, ONE CHAIN ONLY. AS ONE BUNDLE WAS SET ON ANOTHER BUNDLE, ONE CHAIN NOT BEING USED CAME LOOSE FROM THE EYE OF THE 4-WAY CHARN AND EMPLOYEE REMOVED CHAIN FROM BUNDLE OF TIES TO INSTALL IT TO THE EYE. ONE TIE BUNDLE SHIFTED NEXT TO WHERE HE WAS STANDING AND HE THOUGHT IT WOULD FALL AND HE JUMPED FROM THE FLAT CAR TO THE GROUND INJURING HIS RIGHT ANKLE. -13IGNATURE - J. D. GEARHART TITLE- DIVISION ENGINEER