In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3902

DECLARATION of Susan M. Dean in Opposition re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Getty Properties Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John)

ROBERT MELECCI
Page 1
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CIVIL ACTION NO. 08 CIV 312 (SAS)
MDL 1358

-----------------------------x
NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
et al.

Plaintiffs,

Videotaped
Deposition of:
ROBERT MELECCI

against
ATLANTIC RICHFIELD CO.,
et al.,
Defendants.
-----------------------------x

TRANSCRIPT of testimony as taken by and before
NANCY C. BENDISH, Certified Court Reporter, RMR, CRR
and Notary Public of the States of New Jersey and
New York, at the offices of LEARY, BRIDE, TINKER &
MORAN, 7 Ridgedale Avenue, Cedar Knolls, New Jersey
on Wednesday, September 12, 2012, commencing at
10:25 a.m.

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ROBERT MELECCI
Page 96

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Q.
What other carriers; do you recall?
A. Jersey Gasoline.
Q.
And do you recall the time frame,
about what year?
A. No.
Q.
When you witnessed Dhandi Transport
deliver gasoline, did you ever witness spills of
gasoline?
A. Yes.
Q.
Describe the spill; how would it
spill?
MR. BRIGHT: Objection to form.
MR. SINKEVICH: Join.
Can you describe to me what you
Q.
witnessed when you said you witnessed a spill?
A. Just seen gas.
Well, I understand that, but -Q.
A. Spill.
Q.
Was it spilling out of the truck?
A. No.
Q.
Was it spilling out of the hose from
the truck?
A. Yes.
Q.
Was it -- the truck would hook up -when the truck arrived it would hook up the hose to

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underground storage -- or deliver gasoline to the
underground storage tank or at the conclusion of it?
MR. BRIGHT: Objection to form.
A. I couldn't tell you.
Q.
On how many occasions did you witness
them spilling, Dhandi Transport gas spilling
gasoline?
A. A few.
Q.
Do you recall the dates?
A. No.
Q.
By a few do you mean three times over
the last -- since 2003, or more often?
A. No,I'd say a few more.
Q.
A few more than a few?
A. Yes.
Q.
So, would that be six, nine?
A. Yes.
Q.
Six times?
A. Yeah.
Q.
Is that six times a year or is that
six times total?
A. Six total, I don't know.
MR. MOONEY: Take a break.
THE VIDEOGRAPHER: This is the end of
number 1, the time is 12:39 p.m. and we are
tape
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the truck and then to the underground storage tank?
A. Yes.
Q.
And then it was during that process
that you, during that delivery of gasoline to the
underground storage tank, that you would see spills
of gasoline?
A. Yes.
MR. BRIGHT: Objection, form.
Q.
And what end of the hose would you
see spillage of gasoline?
MR. BRIGHT: Objection, form.
Would you see the part that's
Q.
connected to the truck or the part that's connected
to the underground storage tank?
MR. BRIGHT: Same objection.
A. Ummm.
Q.
You don't know?
A. Am I supposed to answer?
Q.
Yes.
MR. BRIDE: If you can.
A. To the tank.
Q.
The part that's to the tank?
A. Yes.
Q.
And would it be at the beginning of
when they were starting to pump gasoline into the

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going off the record.
(Recess taken.)
THE VIDEOGRAPHER: This begins tape
number 2, the time is 12:43 p.m. and we are now back
on the record.
BY MIt. MOONEY:
Q.
Mr. Melecci, you said that over the
course of time that Dhandi,that you witnessed them
maybe about six times spill gasoline; is that
correct?
A. Yes.
Q.
Do you recall testifying in a
deposition when asked, did you ever -- of
previous
spilling gas when they dispensed from the trailer to
the ground, there was a question: Did you ever see,
in reference to Dhandi Transport, did you ever see
them spilling gas, you testified yes and they asked
the question of how often and you stated, every
time?
MR.BRIGHT: Objection to form.
Q.
Do you recall that testimony?
A. I don't know every time. But yes.
Q.
You recall testifying that -A. Yes.
Q.
They spilled gas every time?

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