Tue, Dec 02 2008
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Published October 10, 2008 09:44 am - Clow civil trial pace picks up By MICHAEL SCHAFFER The Oskaloosa Herald OSKALOOSA — The pace of the civil lawsuit Clow Valve filed against defendants Chevron USA, Diamond Oil and Oskaloosa Gas and Oil picked up Thursday as four witnesses were called, but one was unable to testify because of a technical difficulty.
Attorneys for the plaintiff called Mike Vore, Clow Valve national sales manager, Tom J. McDowell, Clow Valve purchasing manager and Jon Denniston, Clow Valve inside sales office manager. The 45-minute video deposition of the plaintiff’s fourth witness, Terry Burmeister, was unable to be played for the jury due to difficulties with the equipment, so the court recessed for the day at 3:40 p.m. Clow Valve attorney William J. Miller called and directed Vore in the morning, opening up cross-examination for Jason C. Palmer, attorney for the defendants. Vore told Palmer that every hydrant sampled in an August 2006 Clow safety notice was operable. In a different exchange between Vore and Palmer, an email from Chad Harbour to Dr. Mehrooz Zamanzadeh, which was carbon-copied to Vore, was questioned. The last paragraph explained why Clow was having a hard time finding hydrants made in 2002 with Chevron FM grease in the lubrication chamber because “only two months of hydrants with 02 cast date with Chevron in them.” According to Vore, Clow changes casting dates every Oct. 1. Clow first started purchasing Chevron FM grease July 12, 2002, Vore said. So Palmer asked, As part of the recall program, are all 2002 hydrants having the stems replaced? “Yes, that’s correct,” Vore said. Under redirect, Miller had Vore look at the minutes of an Oct. 26, 2005, meeting where four 2003 Medallion fire hydrants were identified that had Chevron FM grease in the lubrication chamber that had hardened. And then there was an email that said Clow might have as many as 10 months of hydrant production from 2002 to 2004 using Chevron FM grease. Miller next called McDowell, who for the last eight years has been Clow Valve’s purchasing manager. McDowell testified that during a 2005 meeting with a large contingent of Chevron officials, they stated they had run into an issue with another hydrant manufacturer with corrosion issues and they wanted to make us aware of it. McDowell further testified Clow Valve decided to switch from Mystik grease to Chevron FM grease in July 2002 based on the supplier’s advice made in February or March of that year that Mystik grease would no longer be available. “He seemed concerned we might have supply issues,” McDowell said. Miller produced two exhibits, one from Oskaloosa Gas and Oil and one from Chevron, touting the qualities of Chevron FM grease as providing excellent wear and rust protection, water protection, capable of dealing with high volumes of water, a good all around lubricant that is odorless, colorless and water resistant. The last witness to testify was Jon Denniston, Clow’s inside sales office manager since 2005. 
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