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Q J Case 1:04-cv—00936-JJF Document 50-2 Filed 09/15/2005 Page 1 Of 4
CORNELIS BALVERT — JUNE 15, 2005
— 1
Q -w ;
é W_I I IN THE UNITED STATES DISTRICT COURT
§g.“ EOR THE DISTRICT OF DELAWARE
2 _
1 y { JOHN TURNER I
Q "‘ 3 I CIVIL ACTION
VS- I
1 ,,1 4 I NO. 04-936 IJJEI
N Q ’ E.v. SHIPPING COMPANY >
§ 74 5 LUZON STRAIT (CRONINCEN) I ~
@.,4 7 ORAL DEEOSITION _ —
,§E’, 8 CORNELIS J. BALVERT (:()I’\{
v g 1 ..; I
»<§ _ 9 June 15, 2005 V
, 10 1
§“» 11i ORAL DEPOSITION OF CORNELIS J. BALVERT, prcduced
"§ ‘“ 12 as a witness at the instance Of the Plaintiff and _
g A,5q“ y 13 duly swOrn, was taken in the abOve—styled and y l
l §»» 14 numbered cause On the 15th day Of June, 2005, frOm
§i*V 15 3:37 p.m. tO 4:27 p.m., befcre Michelle .
Q I 16 Hartman—SOlari, Certified Shcrthand Reperter and 5 A
:_§ I 17 Registered PrOfessiOnal RepOrter, repOrted by . ‘
*§=:¤ 18 COmputerized stenctype machine at the Offices Of the
5 F? 1 19 MOtel SchiphOl A4, Rijksweg A4 NO. 3, 2132 MA
g _ 20 HOOfdOOrp, The Netherlands, pursuant tO the Federal
§ ar 21 Rules Of Civil PrOcedure and the prOvisiOns stated On
Ugg 22 the recOrd Or attached heretO.
y` 23 EXHIBIT
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;g.. 24 g é;JE)»
as 25 • ’ * 1-**
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Y I `
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~ Case 1:04-cv-00936-JJF Document 50-2 Filed 09/15/2005 Page 2 of 4
_ . CORNELIS BALVERT — JUNE 15, 2005
11
pg E l that, but it —— but that's all, I have —— I have seen
2 11;.
€%F*1 3 Q. Well, I am going to show you a photograph
( jQ E 4 somewhere in here. Is that it?
_ I 5 MR. WHELAN: This?
??$® Ei} 6 MR. GRUBER: Ah, thank you. It's
*_gY2 g 7 right in front of you.
;E§»E 8 MR. WHELAN: The witness is looking at
9 Exhibit DD.
gg? R? l0 Q. (BY MR. GRUBER): Now, I know that it wasn't
§§§·§ ll painted that color when you first saw it. But when
§§§ J l2 you first saw —— now, this is the access lid —— I
§§§ li l3 call it the access lid —— at the forward end of hatch
14 2C.
@§§ U l5 A. Yes.
§§§» ] l6 Q. Do you see the hook—and—eye ——
l7 A. Yes .
§@% N, l8 Q. —— locking device? Was that the locking
» ‘;,..., ‘
ggg i l9 device that you saw when you first went on board the
@%§?E ` 20 ship.
gyg PJ 21 A. Yes.
§§§-‘] 22 Q. Did you consider that to be high—tech or
§§§Yr 23 modern?
@§%Iff 24 A. Not high—tech. It's —— I see it already
l »
E§§ L] 25 for many years.
.;i
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Case 1:04-cv—00936-JJF Document 50-2 Filed 09/15/2005 Page 3 of 4
i - CORNELIS BALVERT — JUNE 15, 2005
I 12
j é@3 3 1 Q. In that location down at the bottom of the
_ 2 n a t e h 1 1 a 2
!y;§§G'; 3 A. In this case, that's the normal location. 3
lpégg E 4 Q. And have you seen hook—and—eyes used where
&§%nw y 5 either the hook is secured to a stanchion or a
i§@é% i 6 bulkhead and then goes into an eye on the hatch lid
g §&§.] 8 A. I have also seen that kind of
{ 9 constructions. .
15 10 Q. Okay. And over the years in your
@@@ HJr ll experience, have you seen ships where there are
VI 12 separate handholds for people to hold onto when
§§§@ 1 13 coming out of the access hatch areas?
§%@JI J 14 A. I have also that seen.
@%@% I 15 Q. You have seen this?
1 16 A Yam
§@@i" J 17 Q. And you saw that for many years before you
§§§EiLg 18 even boarded the LUZON STRAIT; is that correct?
Egéj } 19 MR. WHELAN: Object to form of the
§@§] M 20 question. You can answer.
?¥§§_,» 21 THE WITNESS: I sailed 37 years, I saw
§§§ E 22 so many kinds of handholds and doors and —— and
Qi¥@Uie 23 things, with and without hand ——
_ T 24 THE INTERPRETER: Handles. p
Veg-ip 25 THE WITNESS: —— handles of a hand -—
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A Case1:04-cv-00936-JJF Document 50-2 Filed 09/15/2005 Page40f4
7 CORNELIS BALVERT-JUNE 15,2005
15
p _j 7 1 A. I don't know, because it was after my time.
2 Q. okay.
I ,3 A. It's not during my time. U
A 4 Q. Okay. Do you personally remember talking
,_ 5 to anybody about the hook—and—eye that was used on
6 this hatch lid?
7 A. No. There was no reason. I used it many
8 times. It was safe and it was easy—go. It was for
9 me no problem.
10 Q. In other words, during the time that you
11 were on the ship —— and this would have been before
.,, 12 November 8, 2002 —— you went in and out of that hatch
13 2D using that access hatch, correct?
of 14 A. Correct. And just this hatch many, many,
15 times for a certain reason.
16 Q. What was the reason? `
17 A. Because I was trying to find an air leak.
I
E 18 Q. And what was your weight at that time?
19 A. My weight at that time was 110 kilos, 112
20 kilos .
21 THE INTERPRETER: We measure in kilos.
22 I'm sorry.
23 MR. GRUBER: I know. But can somebody
-V7»·'E 24 translate? 2
25 THE COURT REPORTER: Off the record.
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