EXHIBIT 1

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 1 of 34
Preserved Objections Previous Rulings New Objections Rulings

6:11 - 6:22 Thompson, Zachary (2020-10-07) 0:21

6:11 Q. Good morning, sir. Could you

6:12 please state your name for the record?

6:13 A. My name is Zachary Ross

6:14 Thompson.

6:15 Q. And where do you currently

6:16 reside?

6:17 A. I currently reside in

6:18 Princeton, West Virginia.

6:19 Q. And where are you located

6:20 today?

6:21 A. Today I am in Kegley, Lake

6:22 Bottom, at my work.

9:04 - 9:25 Thompson, Zachary (2020-10-07) 1:41

9:04 Mr. Thompson, where did you

9:05 grow up?

9:06 A. I grew up in Princeton, West

9:07 Virginia.

9:08 Q. Did you go to high school

9:09 there?

9:10 A. I did, sir.

9:11 Q. Which high school?

9:12 A. Princeton Senior High School.

9:13 Q. And after high school, did you

9:14 go straight into the military or did you work

9:15 somewhere first?

9:16 A. I took the summer off between

9:17 graduating high school and worked at -- I

9:18 think I was working at Lawrence Brothers,

9:19 Incorporated, and then in September of that

9:20 following fall, I joined the Army.

9:21 Q. So September of which year

9:22 would that be?

9:23 A. '07.

9:24 Q. So you joined the military in

9:25 September of 2007; is that correct?

10:01 - 10:10 Thompson, Zachary (2020-10-07) 0:25

10:01 A. Yes, sir.

10:02 Q. And how long were you in the

10:03 military?

10:04 A. I was in the military from

10:05 September 27th, 2007 to I believe August 24th

10:06 of 2011.

10:07 Q. When you left in August of

10:08 2011, did you stay in the Reserves or in the

10:09 National Guard in any capacity?

10:10 A. I did not, sir.

Designations

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 2 of 34
10:17 - 10:25 Thompson, Zachary (2020-10-07) 0:21

10:17 Q. And which branch of the

10:18 military were you in?

10:19 A. The Army.

10:20 Q. After you got out of the Army

10:21 in 2011, did you go back to school or did you

10:22 start work? What did you do?

10:23 A. I briefly worked as a welder,

10:24 and then I worked as a laborer, slash,

10:25 pipefitter for another outfit, and then I

11:01 - 11:07 Thompson, Zachary (2020-10-07) 0:18

11:01 decided to continue my education, and I went

11:02 to college and I earned a bachelor's degree

11:03 in civil engineering technology at Bluefield

11:04 State.

11:05 Q. And approximately when did you

11:06 graduate?

11:07 A. 2018, I believe.

11:25 - 12:20 Thompson, Zachary (2020-10-07) 1:59

11:25 Q. What were your duties and

12:01 responsibilities in the Army?

12:02 A. Well, my duties personally

12:03 varied. I was given a leadership role at a

12:04 very early rank, mostly due to lack of NCOs

12:05 in the unit, but also just, I guess, due

12:06 because they thought that I was qualified for

12:07 the job.

12:08 So my duties were like any

12:09 other soldier up front, but then whenever I

12:10 became a team leader, obviously I had more

12:11 than myself to take care of and make sure

12:12 that they upheld the standards and made sure

12:13 their training was up to par with that of the

12:14 United States Army.

12:15 Q. Do you recall when you became a

12:16 team leader, roughly what month and year?

12:17 A. I would say probably it was in

12:18 2008. The month, I'm not sure on the month,

12:19 but I want to say maybe December. I'm not

12:20 sure.

13:08 - 13:11 Thompson, Zachary (2020-10-07) 0:13

13:08 Q. And when did you deploy to

13:09 Afghanistan?

13:10 A. If I'm not mistaken, I believe

13:11 it was February 2009.

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 3 of 34
22:03 - 22:09 Thompson, Zachary (2020-10-07) 0:17

22:03 Q. Okay. Thank you, Mr. Thompson.

22:04 When you were in Afghanistan in

22:05 your brigade, was Dustin McCombs also in

22:06 Afghanistan in your brigade?

22:07 A. Yes.

22:08 Q. Did you-all serve approximately

22:09 the same amount of time in Afghanistan?

22:12 - 22:12 Thompson, Zachary (2020-10-07) 0:04

22:12 A. Yes.

22:22 - 22:25 Thompson, Zachary (2020-10-07) 0:15

22:22 Q. How do you know Mr. McCombs?

22:23 A. I met Mr. McCombs in 2008 when

22:24 I first came to the 501st Apache Company,

22:25 that's the first time I -- I knew him through

23:01 - 23:13 Thompson, Zachary (2020-10-07) 1:36

23:01 the Army. That's how we met. We were both

23:02 privates in 1st Platoon, Apache Company, and

23:03 that's just how I know him.

23:04 Q. And that was approximately

23:05 2008. Were you at a base when you met him?

23:06 A. Yes, I met him in Fort

23:07 Richardson, Alaska.

23:08 Q. And did the two of you deploy

23:09 to Afghanistan together?

23:10 A. Yes, sir.

23:11 Q. And where did you deploy from?

23:12 A. We deployed from Anchorage,

23:13 from --

24:22 - 25:01 Thompson, Zachary (2020-10-07) 0:18

24:22 Q. When was the last time you saw

24:23 Mr. McCombs?

24:24 A. That's a very good question. I

24:25 believe it was -- I think last year in

25:01 New York City at David Pickard's birthday.

25:15 - 25:20 Thompson, Zachary (2020-10-07) 0:19

25:15 Q. When was the last time you

25:16 talked to Mr. McCombs on the telephone?

25:17 A. Probably within just a few days

25:18 of after the party. I think it was more

25:19 along the lines of checking to make sure they

25:20 made it home safe and stuff like that.

25:21 - 26:04 Thompson, Zachary (2020-10-07) 0:18

25:21 Q. So that would have been in

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 4 of 34
25:22 2018?

25:23 A. I believe it was. I can't

25:24 remember -- I don't remember when his

25:25 birthday party is. I just know his wife had

26:01 invited us up and we went up there. I

26:02 actually was surprised to see -- I think on

26:03 the way up there is when I found out that

26:04 Dustin was also coming.

44:08 - 44:25 Thompson, Zachary (2020-10-07) 1:48

44:08 Q. Good afternoon, Mr. Thompson. Re: [44:08 to 44:13] SUSTAINED

44:09 As I said, my name is Hariklia Karis, and I Pltf Obj 401, colloquy

44:10 represent 3M in litigation. Let me start by

44:11 thanking you for your years of service in the Re: [44:21 to 46:01] OVERRULED

44:12 military. Very much appreciate it. Pltf Obj 401, 403

44:13 A. Thank you.

44:14 Q. You and I have never met or

44:15 spoken before today, correct?

44:16 A. That is correct, ma'am.

44:17 Q. And have you spoken with

44:18 anybody -- any lawyer -- that represents 3M

44:19 in connection with this litigation?

44:20 A. I have not, ma'am.

44:21 Q. Have you retained any lawyers

44:22 to represent you in connection with this

44:23 deposition?

44:24 A. I have -- Mr. Taylor is

44:25 representing me in the deposition.

45:01 - 45:04 Thompson, Zachary (2020-10-07) 0:11

45:01 Q. And when you say he's Re: [44:21 to 46:01] SUSTAINED

45:02 representing you, have you retained him? Are Pltf Obj 401, 403

45:03 you paying him as your lawyer to represent

45:04 you?

45:11 - 45:25 Thompson, Zachary (2020-10-07) 1:46

45:11 Q. Are you paying Mr. Taylor or Re: [44:21 to 46:01] OVERRULED

45:12 any plaintiff's lawyer to represent you in Pltf Obj 401, 403

45:13 this deposition?

45:14 A. I was -- I was under the

45:15 understanding that the charges for

45:16 Mr. Bartlett's services was taken care of.

45:17 Q. Okay. But you will not be

45:18 paying those, correct?

45:19 A. I do not believe so.

45:20 Q. When did you first retain

45:21 Mr. Bartlett or any plaintiff's lawyer in

45:22 connection with your deposition or the 3M

45:23 Combat Arms earplug litigation?

45:24 A. I don't know the exact date.

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 5 of 34
45:25 Forgive me. A month and a half, two months

46:01 - 46:01 Thompson, Zachary (2020-10-07) 0:02

46:01 ago, maybe. Re: [44:21 to 46:01] OVERRULED

Pltf Obj 401, 403

46:08 - 46:13 Thompson, Zachary (2020-10-07) 0:14

46:08 Q. Before appearing for your Re: [46:08 to 46:13] OVERRULED

46:09 deposition here today, did you speak with any Pltf Obj 401, 403

46:10 lawyer for the plaintiffs in connection with

46:11 your deposition?

46:12 A. I spoke with Mr. Bartlett this

46:13 morning.

46:23 - 47:05 Thompson, Zachary (2020-10-07) 0:21

46:23 Q. Did you decide to retain a Re: [46:23 to 47:11] OVERRULED

46:24 lawyer to represent you in this litigation? Pltf Obj 401, 403

46:25 A. It was offered to me and I

47:01 accepted.

47:02 Q. Okay. So you did not ask to be

47:03 represented; the plaintiffs lawyers offered

47:04 to you to represent you, but you're not going

47:05 to be paying for them; is that correct?

47:08 - 47:11 Thompson, Zachary (2020-10-07) 0:09

47:08 A. I will not be paying for them, Re: [46:23 to 47:11] OVERRULED

47:09 but I was instructed -- or I was informed Pltf Obj 401, 403

47:10 that I could be represented by Mr. Bartlett,

47:11 and I chose to agree.

48:19 - 48:22 Thompson, Zachary (2020-10-07) 0:20

48:19 Q. Mr. Thompson, let me ask you: Re: [48:19 to 48:25] OVERRULED

48:20 Before you retained Mr. Bartlett or any Pltf Obj 401, 403

48:21 plaintiff's lawyer, did you ever set out to

48:22 find a lawyer for this litigation?

48:25 - 48:25 Thompson, Zachary (2020-10-07) 0:10

48:25 A. I did not. Re: [48:19 to 48:25] OVERRULED

Pltf Obj 401, 403

51:25 - 52:07 Thompson, Zachary (2020-10-07) 0:20

51:25 Q. Okay. When did you leave the Re: [51:25 to 53:16] SUSTAINED

52:01 military? Pltf Obj 401, 403

52:02 A. August -- that may not be the

52:03 exact date, but I'm pretty sure it was

52:04 August 24th, 2011.

52:05 Q. Okay. From 2011 through today,

52:06 at any time have you complained to any

52:07 medical professional of hearing loss?

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 6 of 34
52:09 - 53:01 Thompson, Zachary (2020-10-07) 1:40

52:09 A. Have I complained to any Re: [51:25 to 53:16] SUSTAINED

52:10 medical professional of hearing loss? Pltf Obj 401, 403

52:11 BY MS. KARIS:

52:12 Q. Yes.

52:13 A. No, I have not complained to

52:14 any medical professional of hearing loss.

52:15 Q. Has any physician to your

52:16 knowledge ever diagnosed you with any hearing

52:17 loss?

52:18 A. Not to my knowledge.

52:19 Q. Are you familiar with a

52:20 condition called tinnitus or "tinnitus," as

52:21 some may refer to it?

52:22 A. I believe I am.

52:23 Q. And what is your understanding

52:24 of what that condition is?

52:25 A. I believe it involves ringing

53:01 in the ears.

53:02 - 53:06 Thompson, Zachary (2020-10-07) 0:17

53:02 Q. Through today, at any time, Re: [51:25 to 53:16] SUSTAINED

53:03 either while you were in the military or Pltf Obj 401, 403

53:04 after, have you ever raised with any medical

53:05 professional any issues you have with ringing

53:06 of the ears?

53:08 - 53:16 Thompson, Zachary (2020-10-07) 0:25

53:08 A. I personally have not raised Re: [51:25 to 53:16] SUSTAINED

53:09 with anybody ringing in my ears, but I've Pltf Obj 401, 403

53:10 also never went and questioned it either.

53:11 I don't know -- I don't really

53:12 know how to gauge whether I would need to or

53:13 not need to is what I'm trying to say. I

53:14 guess I would have to hear an example of how

53:15 that feels or what it sounds like or

53:16 something.

53:18 - 54:18 Thompson, Zachary (2020-10-07) 1:00

53:18 Q. Okay. So is it fair to say as Re: [53:18 to 54:18] SUSTAINED

53:19 of today, you've never complained of any Def Obj Improper counter.

53:20 ringing in your ears? And you broke up a Unnecessary to clarify

53:21 little with the video, so I apologize. testimony above, cumulative of

53:22 MR. BARTLETT: Object to form. testimony at 52:5-53:16

53:23 A. That's okay.

53:24 See, I don't really know what

53:25 they mean by ringing is what confuses me,

54:01 because I know that now, whenever I get

54:02 around equipment, I can't really hear. If

54:03 you were to talk to me, I have to move away

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 7 of 34
54:04 from the equipment to hear you, and I don't

54:05 think that's been that way my entire life.

54:06 So if it -- I'd have to have a

54:07 definition of the actual ringing of someone's

54:08 ears before I could answer that.

54:09 BY MS. KARIS:

54:10 Q. Okay. As of today, has any

54:11 medical professional or doctor of any kind,

54:12 ENT, audiologist, your internist, any

54:13 professional at all, ever diagnosed you with

54:14 any tinnitus?

54:15 MR. BARTLETT: Object to the

54:16 form.

54:17 A. They have not, but I've also

54:18 not been evaluated.

56:03 - 56:06 Thompson, Zachary (2020-10-07) 0:13

56:03 Q. Sitting here today under oath,

56:04 you do not recall any instances in which

56:05 Dustin McCombs raised with you any issues

56:06 associated with tinnitus; is that correct?

56:09 - 56:09 Thompson, Zachary (2020-10-07) 0:00

56:09 A. That's correct.

56:11 - 56:15 Thompson, Zachary (2020-10-07) 0:09

56:11 Q. Did you say that's correct? Re: [56:11 to 56:15] SUSTAINED

56:12 A. Yes, ma'am. Not with me Def Obj Improper counter.

56:13 personally. That's the question, right? Unnecessary to clarify

56:14 Q. That is the question. testimony at 56:3-9

56:15 A. Yeah.

56:16 - 56:22 Thompson, Zachary (2020-10-07) 1:34

56:16 Q. Are you aware of Mr. McCombs

56:17 raising with anybody else any issues he may

56:18 have associated with tinnitus?

56:19 A. I do not, ma'am.

56:20 Q. Are you aware of any hearing

56:21 loss alleged by Mr. McCombs?

56:22 A. I was not aware of it, ma'am.

60:12 - 60:25 Thompson, Zachary (2020-10-07) 1:40

60:12 Q. You did not serve in basic Re: [60:12 to 63:07] OVERRULED

60:13 training with Mr. McCombs, correct? Pltf Obj 401, 403, 602

60:14 A. I did not. I'm pretty sure I

60:15 was in the Army a couple months before Dustin

60:16 had joined the Army.

60:17 Q. Okay. Can you tell the jury

60:18 what type of noises one is exposed to in

60:19 basic training?

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 8 of 34
60:20 A. Well, several. Anything from

60:21 the simulation grenade rounds, the ones that

60:22 just are the fake grenades, like a blank

60:23 round. You have blank rounds. You have the

60:24 blank rounds for all the weapons systems, you

60:25 have actually rounds fired at ranges for

61:01 - 61:08 Thompson, Zachary (2020-10-07) 0:25

61:01 weapons systems, ranging from .50 cal down to Re: [60:12 to 63:07] OVERRULED

61:02 the M4s, Mark 19s. They do mortars. Every Pltf Obj 401, 403, 602

61:03 weapon that the United States Army uses you

61:04 will hear at infantry basic.

61:05 Q. Okay. What type of weapons is

61:06 a solider exposed to in basic training?

61:07 A. Every single one of them that's

61:08 in the Army.

61:12 - 61:25 Thompson, Zachary (2020-10-07) 1:45

61:12 Q. Can you list some for us? M4? Re: [60:12 to 63:07] OVERRULED

61:13 A. The M4 carbine; the 240 Bravo; Pltf Obj 401, 403, 602

61:14 the .50 caliber machine gun; the Mark 19

61:15 grenade launcher; the 203 grenade launcher,

61:16 which is an attachment to the M4 carbine; and

61:17 your M249 SAW, which is your squad automatic

61:18 weapon. It is the light machine gun. And

61:19 then grenades.

61:20 Q. And how frequently are soldiers

61:21 exposed to these weapons during basic

61:22 training?

61:23 A. I don't really remember the

61:24 training cycle, but I don't really -- I want

61:25 to say a lot, but I actually think they

62:01 - 62:25 Thompson, Zachary (2020-10-07) 1:52

62:01 spread it out. You do several other types of Re: [60:12 to 63:07] OVERRULED

62:02 training and then you go to the range for a Pltf Obj 401, 403, 602

62:03 different weapon, and then you get another

62:04 type of training, and then you go to the

62:05 range. They rotate you out through all these

62:06 weapons systems. You don't do it all in one

62:07 day. You don't do it all in one week. If I

62:08 don't remember, don't quote me on that one,

62:09 but that was 2007 when I went through basic

62:10 so they probably changed it by now actually.

62:11 Q. Okay. When you went through

62:12 basic training, how long did it last?

62:13 A. I think it's -- if I remember

62:14 correctly, it's like 16 weeks, something like

62:15 that. Maybe 18, something along that line.

62:16 Q. Do you know how long Dustin

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 9 of 34
62:17 McCombs' basic training lasted?

62:18 A. His would have been the same as

62:19 mine. He was infantry as well, so it would

62:20 have been around that same time frame.

62:21 Now, forgive me if I'm

62:22 forgetting because that might be -- I might

62:23 not be adding in AIT, because all job

62:24 descriptions in the military also have an

62:25 advanced individual training that they attach

63:01 - 63:07 Thompson, Zachary (2020-10-07) 0:13

63:01 to it, and I can't remember if the 16 weeks Re: [60:12 to 63:07] OVERRULED

63:02 is with that included or if the 16 weeks was Pltf Obj 401, 403, 602

63:03 just basic and then we also add a couple

63:04 weeks of AIT.

63:05 Q. Okay.

63:06 A. So it's somewhere between 16

63:07 and 20-some weeks.

63:14 - 63:19 Thompson, Zachary (2020-10-07) 0:09

63:14 Q. Okay. And I want to focus on Re: [63:14 to 67:01] OVERRULED

63:15 when you were there, which would have been Pltf Obj 401, 403, 602

63:16 around the same time that Mr. McCombs did

63:17 basic training.

63:18 How frequently would you go to

63:19 the range?

63:22 - 64:14 Thompson, Zachary (2020-10-07) 1:46

63:22 A. Quite frequently. Re: [63:14 to 67:01] OVERRULED

63:23 BY MS. KARIS: Pltf Obj 401, 403, 602

63:24 Q. And when you say quite

63:25 frequently, can you give the jury some sense

64:01 of how frequently in a 16- to 20-week period,

64:02 in basic training, a soldier would go to the

64:03 range?

64:04 A. It's been a long time, but I

64:05 would say at least once to twice a week. And

64:06 that may be different now, but if I can

64:07 remember correctly, that's what it was.

64:08 Q. And when you would go to the

64:09 range, would you be exposed to the weapons

64:10 that you identified for the jury? The M4 --

64:11 A. Yes.

64:12 Q. -- 240 Bravo, the Mark 19, the

64:13 M249 and the like?

64:14 A. Yes.

64:15 - 66:18 Thompson, Zachary (2020-10-07) 2:55

64:15 Q. And would you have expected Re: [63:14 to 67:01] OVERRULED

64:16 that Mr. McCombs would have also been exposed Pltf Obj 401, 403, 602

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 10 of 34
64:17 to those very same type of weapons while he

64:18 was in basic training?

64:19 A. Yes, ma'am.

64:20 Q. You testified also that you

64:21 would be exposed to mortars while you were in

64:22 basic training, correct?

64:23 A. Right. Yeah.

64:24 Q. Would that be separate and

64:25 apart from the range weapons exposure or

65:01 would that be as part of that?

65:02 A. That's part of it. I actually

65:03 forgot some things too. The AT4 is another

65:04 weapons system that you'd be exposed to. And

65:05 I'm trying to remember. I'm sorry. But

65:06 yeah, that's all a part of it. They just --

65:07 they try and give you a general sense of --

65:08 census, even though you may not touch that

65:09 ever, they want you to have a general idea of

65:10 how it operates just in case you have to

65:11 operate it.

65:12 Q. Okay. And you testified that

65:13 simulation grenade training was part of basic

65:14 training; is that correct?

65:15 A. Yeah. You have to do --

65:16 usually how the Army works is they do a dry,

65:17 blank, live. That's how they try and train.

65:18 They do it in threes.

65:19 So you'll go through and

65:20 whatever the weapons system is, what they

65:21 consider dry, there will be no bullets

65:22 involved, no magazine involved, nothing of

65:23 the sort. You literally have this blank --

65:24 or no, you just have a ball or something like

65:25 a -- let's take a grenade. They'll give you

66:01 a blank grenade shell without the blank

66:02 inside of it. And you'll practice throwing

66:03 that without the blank, okay? That's just an

66:04 example. They may not do that exactly, but

66:05 that's what they do.

66:06 The same thing with weapons

66:07 training. If you're training to clear a

66:08 room, you will do it with nothing at all

66:09 first. You'll just have a gun with no

66:10 bullets and nothing, and you'll practice that

66:11 first for a couple iterations.

66:12 And then you'll move to blank

66:13 rounds and you'll practice that for a couple

66:14 of iterations, and then finally you'll go to

66:15 live rounds.

66:16 And that's typically how the

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 11 of 34
66:17 Army does all their training is in threes.

66:18 You do a dry, a blank, and a live.

66:23 - 67:01 Thompson, Zachary (2020-10-07) 0:13

66:23 Q. Okay. Is hearing protection Re: [63:14 to 67:01] OVERRULED

66:24 required while you're doing the dry training? Pltf Obj 401, 403, 602

66:25 A. Yes, because they want you to

67:01 develop muscle memory.

67:02 - 67:25 Thompson, Zachary (2020-10-07) 1:58

67:02 Q. Okay. With blank weapons Re: [67:19 to 67:24] OVERRULED

67:03 training, is there noise associated with that Pltf Obj 401, 403, 602

67:04 training?

67:05 A. Yes. Re: [67:19 to 68:23] OVERRULED

67:06 Q. Okay. And hearing protection Pltf Obj 401, 403, 602

67:07 is required as part of that training,

67:08 correct?

67:09 A. Yes. Now, just to clarify,

67:10 before we go any further with those

67:11 questioning, anytime you go to the range, no

67:12 matter what iteration you're doing, hearing

67:13 protection is required. It's part of the

67:14 uniform.

67:15 Q. Okay. And then it's definitely

67:16 the case during live ammunition training;

67:17 there's noise associated with that, correct?

67:18 A. Yes, ma'am.

67:19 Q. And that occurs one to two

67:20 times a week, that is, the overall training

67:21 with weapons, for a 16- to 20-week period,

67:22 correct?

67:23 A. Give or take. I mean, it may

67:24 not be exact, but it's something like that.

67:25 Q. For Mr. McCombs, is it correct

68:01 - 68:04 Thompson, Zachary (2020-10-07) 0:12

68:01 you cannot tell this jury what hearing Re: [67:19 to 68:23] OVERRULED

68:02 protection he wore during his basic training Pltf Obj 401, 403, 602

68:03 while he was exposed to all the noise that

68:04 you've just identified, correct?

68:06 - 68:06 Thompson, Zachary (2020-10-07) 0:01

68:06 A. As in what type? Re: [67:19 to 68:23] OVERRULED

Pltf Obj 401, 403, 602

68:08 - 68:23 Thompson, Zachary (2020-10-07) 1:38

68:08 Q. I'm sorry? Re: [67:19 to 68:23] OVERRULED

68:09 A. You mean what type of Pltf Obj 401, 403, 602

68:10 protection?

68:11 Q. That is correct.

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 12 of 34
68:12 A. I cannot tell the jury what

68:13 type of hearing protection he wore.

68:14 Q. Okay. You cannot tell the jury

68:15 what type of training he had as part of basic

68:16 training with respect to hearing protection,

68:17 correct?

68:18 A. Not outside of what everyone

68:19 receives, no, I cannot.

68:20 Q. You know generally what

68:21 soldiers receive, but you can't speak

68:22 specifically to Mr. McCombs, correct?

68:23 A. That is correct, ma'am.

69:19 - 70:08 Thompson, Zachary (2020-10-07) 1:46

69:19 Q. Okay. Now, at any time did you

69:20 personally instruct Mr. McCombs on how to

69:21 properly use hearing protection?

69:22 A. I personally did not instruct

69:23 McCombs on how to do that.

69:24 Q. Are you aware of anyone who

69:25 instructed Mr. McCombs on how to properly use

70:01 hearing protection?

70:02 A. I don't recall. I can't say

70:03 yes or no on that one.

70:04 Q. You certainly cannot testify

70:05 under oath that you had any knowledge of what

70:06 instruction Mr. McCombs was given in

70:07 connection with his hearing protection,

70:08 correct?

70:11 - 70:18 Thompson, Zachary (2020-10-07) 0:11

70:11 A. Are we still talking about at

70:12 basic training or at the unit?

70:13 BY MS. KARIS:

70:14 Q. Let's start with basic

70:15 training.

70:16 A. That is correct. I cannot make

70:17 any comments about what he received at basic

70:18 training.

71:08 - 71:11 Thompson, Zachary (2020-10-07) 0:12

71:08 Q. At any time while you were in

71:09 Alaska with Mr. McCombs, did you ever

71:10 instruct him on hearing protection?

71:11 A. I did not.

71:19 - 71:23 Thompson, Zachary (2020-10-07) 0:18

71:19 Q. Okay. And who was the platoon Re: [71:19 to 71:23] OVERRULED

71:20 sergeant who instructed Mr. McCombs on Def Obj Improper counter, does

71:21 hearing protection in Alaska? not clarify or complete

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 13 of 34
71:22 A. At that time it would have been Defendants' designated

71:23 David Cox. testimony; 401-Relevance

72:15 - 73:07 Thompson, Zachary (2020-10-07) 1:48

72:15 Q. Okay. So David Cox would have Re: [72:15 to 73:07] OVERRULED

72:16 been the platoon sergeant, and then he would Def Obj Improper counter, does

72:17 instruct the squad leaders who would then not clarify or complete

72:18 instruct the soldiers; is that correct? Defendants' affirmatively

72:19 A. Typically that's how it would designated testimony;

72:20 go, yeah. Because typically your squad foundation (602); relevance

72:21 leaders would be the ones running the range. (401)

72:22 Your team leaders would be the ones

72:23 controlling the actual bodies of soldiers on

72:24 where to be on the range, and your squad

72:25 leaders would be the ones that's actually

73:01 controlling the -- I don't know the words

73:02 they use there, but your platoon sergeant

73:03 kind of oversees what's going on for the day,

73:04 but he's kind of outside of what's -- and the

73:05 squad leaders are in direct control of the

73:06 range as a whole, and then your team leaders

73:07 are in direct control of the actual soldiers.

73:08 - 73:17 Thompson, Zachary (2020-10-07) 0:24

73:08 Q. Okay. So were you ever a squad

73:09 leader instructing Mr. McCombs on how to use

73:10 his hearing protection devices?

73:11 A. I was not. Not instructing

73:12 him.

73:13 Q. And were you ever a team leader

73:14 instructing Mr. McCombs on how to use hearing

73:15 protection devices?

73:16 A. I was never a team leader

73:17 instructing Mr. McCombs in particular.

73:24 - 74:03 Thompson, Zachary (2020-10-07) 0:14

73:24 Q. Okay. And can you tell us what

73:25 you recall about any instructions that were

74:01 given at the range in Alaska when Mr. McCombs

74:02 was there about how to use hearing protection

74:03 devices?

74:04 - 74:18 Thompson, Zachary (2020-10-07) 1:41

74:04 A. I'll be honest with you, ma'am.

74:05 The only thing I recall is that both sides

74:06 serve a different function.

74:07 Now, as far as the instructions

74:08 on inserting, I don't remember. It was

74:09 given, but I don't remember how they -- I

74:10 don't remember how they delivered it, is what

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 14 of 34
74:11 I'm -- I can't testify on how they delivered

74:12 that training. You see what I'm saying?

74:13 Q. Okay. So you don't recall any

74:14 of the details of what was said about how to

74:15 properly check for the fit of the Combat Arms

74:16 earplugs version 2; is that correct?

74:17 A. I personally do not recall.

74:18 That was a while ago.

75:13 - 75:25 Thompson, Zachary (2020-10-07) 1:44

75:13 Q. Okay. Are you familiar with Re: [75:13 to 76:19] SUSTAINED

75:14 something that was called a wallet card for Pltf Obj 401, 403

75:15 the Combat Arms earplugs?

75:16 A. Can you say that again?

75:17 Q. Wallet, W-A-L-L-E-T, a wallet

75:18 card.

75:19 A. A wallet?

75:20 Q. Yes.

75:21 A. What was the purpose of this

75:22 thing? I don't recall the name.

75:23 MS. KARIS: Eric, can we pull

75:24 up MDL000229332 -- 31 and 32, sorry.

75:25 And we will mark this as Exhibit 2 to

76:01 - 76:25 Thompson, Zachary (2020-10-07) 1:01

76:01 your deposition. Re: [75:13 to 76:19] OVERRULED

76:02 (Whereupon, Deposition Exhibit Pltf Obj 401, 403

76:03 Thompson-2, USACHPPM Presentation,

76:04 3M_MDL000229331- 3M_MDL000229332, was

76:05 marked for identification.)

76:06 BY MS. KARIS:

76:07 Q. Mr. Thompson, take a look at

76:08 this.

76:09 A. Yes, ma'am.

76:10 Q. Have you seen this document or

76:11 a card that contains this information before?

76:12 A. I do not recall seeing that

76:13 particular card.

76:14 MS. KARIS: And can you turn to

76:15 the other side, Eric, as well, please.

76:16 BY MS. KARIS:

76:17 Q. This is on the flip side of the

76:18 card, I'll represent to you.

76:19 A. I do not recall seeing that.

76:20 Q. At any time do you recall

76:21 receiving from the military any instruction

76:22 on how to fit the Combat Arms earplugs?

76:23 MR. BARTLETT: Object to the

76:24 form.

76:25 A. Did you say on how to fit?

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 15 of 34
77:01 - 77:20 Thompson, Zachary (2020-10-07) 1:50

77:01 BY MS. KARIS:

77:02 Q. Yes.

77:03 A. As in to properly get it to

77:04 where it works in your ears, you're trying to

77:05 say?

77:06 Q. Correct.

77:07 A. I do not recall. I believe, if

77:08 I remember correctly, we were told that it

77:09 was just a one-size-fits-all type of deal. I

77:10 don't think they gave us instruction on

77:11 changing the fit of it, you know what I mean?

77:12 Q. I don't. Could you explain

77:13 what you mean, please?

77:14 A. I do not recall anyone telling

77:15 me on a way to alter the fit of the hearing

77:16 protection other than as it came in the

77:17 package.

77:18 Q. Okay. Were you given any

77:19 instructions on how to check to see if you

77:20 had a good fit of the Combat Arms earplug?

77:24 - 77:25 Thompson, Zachary (2020-10-07) 0:01

77:24 Q. Any instruction by the

77:25 military.

78:02 - 78:02 Thompson, Zachary (2020-10-07) 0:01

78:02 A. I do -- I do not recall.

78:04 - 78:12 Thompson, Zachary (2020-10-07) 1:30

78:04 Q. Do you recall ever getting any Re: [78:04 to 78:12] SUSTAINED

78:05 instructions, since you were the team leader Pltf Obj Incomplete

78:06 who would check with the military to make Designation

78:07 sure as part of the SOP that people had their

78:08 full uniform, were you ever given any

78:09 instruction by the military on what to tell

78:10 soldiers about their Combat Arms earplugs,

78:11 other than that they should have them as part

78:12 of their uniform?

78:17 - 78:20 Thompson, Zachary (2020-10-07) 0:12

78:17 Q. Do you recall ever getting any

78:18 instruction on -- anybody from the military

78:19 on how to check what the right hearing

78:20 protection device is for a soldier?

78:23 - 78:24 Thompson, Zachary (2020-10-07) 0:01

78:23 A. As far as the way it -- as far

78:24 as the way it fits?

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 16 of 34
79:02 - 79:09 Thompson, Zachary (2020-10-07) 0:29

79:02 Q. Correct.

79:03 A. I do not recall.

79:04 Q. Were you ever given any

79:05 instruction on how a soldier can determine

79:06 whether they should use a foam earplug or a

79:07 Combat Arms earplug version 2 or a different

79:08 type of hearing protection device?

79:09 A. I do not recall, ma'am.

79:21 - 79:24 Thompson, Zachary (2020-10-07) 0:04

79:21 MR. BARTLETT: Are you asking Re: [79:21 to 79:24] SUSTAINED

79:22 me to put Exhibit 1 up? Pltf Obj Colloquy

79:23 MS. KARIS: Yes, if you

79:24 wouldn't mind.

79:25 - 79:25 Thompson, Zachary (2020-10-07) 0:01

79:25 MR. BARTLETT: I'd be happy to. Re: [79:25 to 79:25] SUSTAINED

Def Obj Improper counter;

relevance (401, 402)

80:06 - 80:08 Thompson, Zachary (2020-10-07) 0:06

80:06 Q. This is the photo that you

80:07 provided Mr. Bartlett; is that correct?

80:08 A. Yes, ma'am.

80:09 - 80:12 Thompson, Zachary (2020-10-07) 0:04

80:09 Q. And you told us that's Dustin

80:10 McCombs in the first photograph, correct? I

80:11 mean closest to us, correct?

80:12 A. Yes, closest to the camera.

80:13 - 80:24 Thompson, Zachary (2020-10-07) 1:39

80:13 Q. Okay. Do you know what type of

80:14 hearing protection device he's using?

80:15 A. I cannot.

80:16 Q. Do you know what, if any,

80:17 instructions he got with whatever hearing

80:18 protection device he's using that is depicted

80:19 in this photo?

80:20 A. Did you ask if I could tell you

80:21 what instructions he got to install that

80:22 hearing protection he had in the photo?

80:23 Q. Correct.

80:24 A. I do not recall.

84:05 - 84:25 Thompson, Zachary (2020-10-07) 1:50

84:05 While in Afghanistan, if a

84:06 soldier forgot to bring their hearing

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 17 of 34
84:07 protection devices, you said they would be

84:08 supplied a temporary one; is that correct?

84:09 A. Typically, yes, ma'am.

84:10 Q. The temporary hearing

84:11 protection device that soldiers would be

84:12 assigned, in what type of case did those

84:13 come?

84:14 A. I'll be honest with you, I

84:15 don't recall.

84:16 Q. Do you know whether they were

84:17 issued with any instructions?

84:18 A. See, I -- for some reason, I'm

84:19 remembering that there were instructions on

84:20 the package for whatever the -- I can't --

84:21 whatever the replacement was or whatnot, just

84:22 to get them to be able to go out, for some

84:23 reason I'm thinking there was instructions on

84:24 the package.

84:25 Q. Okay. So your best

85:01 - 85:09 Thompson, Zachary (2020-10-07) 0:21

85:01 recollection is whatever the temporary

85:02 hearing devices were that were issued to the

85:03 soldiers, those had instructions on the

85:04 package; is that correct?

85:05 A. To the best I can recall,

85:06 ma'am.

85:07 Q. But you don't recall what the

85:08 instructions said; is that correct?

85:09 A. That's correct, ma'am.

85:10 - 86:11 Thompson, Zachary (2020-10-07) 1:09

85:10 Q. And when you would check Re: [85:10 to 86:11] SUSTAINED

85:11 soldiers to see if they had their full Def Obj Improper counter. Does

85:12 uniform, if they did not have their hearing not clarify Defendants'

85:13 protection device and they got a temporary designation; relevance (401,

85:14 one, you would not be giving them any 402); foundation (602)

85:15 instruction on how to use those hearing

85:16 protection devices, correct?

85:17 MR. BARTLETT: Object to the

85:18 form.

85:19 A. Usually what would happen,

85:20 ma'am, is if they forgot them, it was back in

85:21 their room and they were given ample time to

85:22 go get them before we left, usually. It was

85:23 at the moment whenever they couldn't find

85:24 their issued set that they were given

85:25 temporary ones, and that usually came from

86:01 someone at a higher level than me. I do not

86:02 recall giving them instructions to do that.

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 18 of 34
86:03 BY MS. KARIS:

86:04 Q. Okay. So at least anytime you

86:05 were involved at all with hearing protection

86:06 devices and identifying the soldiers that

86:07 didn't have them, you were not subsequently

86:08 giving any instruction for any temporary

86:09 devices they used, correct?

86:10 A. That's correct. It came from a

86:11 higher level than myself.

86:14 - 87:01 Thompson, Zachary (2020-10-07) 1:35

86:14 When soldiers first got to

86:15 Afghanistan in your platoon, you testified

86:16 earlier, if I heard you correctly, that

86:17 soldiers had at least two pairs of hearing

86:18 protection; is that correct?

86:19 MR. BARTLETT: Object to the

86:20 form.

86:21 A. That is what -- that is what I

86:22 remember, but I -- I'm not willing to say

86:23 that's like Army SOP or something like that.

86:24 Just for some reason I feel like I had two

86:25 pairs. I can't say that every soldier had

87:01 two pairs.

87:11 - 87:25 Thompson, Zachary (2020-10-07) 1:46

87:11 Q. Are you aware of any Combat

87:12 Arms earplugs that were issued to Dustin

87:13 McCombs when he was in Afghanistan?

87:14 A. I do not recall when it was

87:15 issued to him, ma'am.

87:16 Q. Do you know whether Dustin

87:17 McCombs was ever fit by the military for

87:18 determining what proper -- what the best

87:19 hearing protection devices were for him?

87:20 A. I cannot answer that, ma'am. I

87:21 do not recall if he -- I don't know the right

87:22 word I'm trying to say here. I would not be

87:23 able to know that.

87:24 Q. Okay. Were you ever fit by the

87:25 military to determine what hearing protection

88:01 - 88:02 Thompson, Zachary (2020-10-07) 0:05

88:01 devices should be issued to you?

88:02 A. I do not recall.

88:11 - 88:15 Thompson, Zachary (2020-10-07) 0:21

88:11 Q. Sitting here today, can you

88:12 tell the jury of ever being given -- I'm

88:13 sorry -- of ever being tested to determine

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 19 of 34
88:14 what the best hearing protection device was

88:15 for you? And I mean tested by the military.

88:18 - 88:18 Thompson, Zachary (2020-10-07) 0:09

88:18 A. I do not recall, ma'am.

88:20 - 89:02 Thompson, Zachary (2020-10-07) 1:43

88:20 Q. Are you familiar with the

88:21 hearing conservation program at the military?

88:22 A. I don't believe so, ma'am.

88:23 Q. As a team leader or somebody

88:24 with responsibility for determining whether

88:25 soldiers had their proper uniform, did the

89:01 military ever give you any training in

89:02 connection with hearing protection devices?

89:05 - 89:12 Thompson, Zachary (2020-10-07) 0:20

89:05 A. See, it is my understanding

89:06 that everyone that I dealt with received that

89:07 training at a date before they came to me.

89:08 BY MS. KARIS:

89:09 Q. So does that mean that you

89:10 never gave anyone any training in connection

89:11 with hearing protection devices, correct?

89:12 A. That is correct.

90:21 - 91:18 Thompson, Zachary (2020-10-07) 1:58

90:21 Q. Okay. If we can turn to Re: [90:21 to 91:18] SUSTAINED

90:22 page 1, I believe you testified that you Def Obj Improper counter;

90:23 understood that hearing protection was to 91:4-14 are non-responsive;

90:24 always be worn when one is exposed to loud Relevance (401)

90:25 noises; is that correct?

91:01 A. Yes, ma'am.

91:02 Q. And where did you get that

91:03 instruction from?

91:04 A. I guess you would need to

91:05 define loud noise. Is that what you're

91:06 wanting me to do is define what I was --

91:07 Q. I was going to get to exactly

91:08 that, but first I want to know who told you

91:09 that.

91:10 A. I guess "loud noises" is the

91:11 wrong terminology to use. I was instructed

91:12 to use hearing protection anytime I went to a

91:13 range to fire a weapon or in conjunction or

91:14 being around the use of a weapon.

91:15 Q. And who gave you that

91:16 instruction?

91:17 A. That would have been my drill

91:18 instructor.

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 20 of 34
92:01 - 92:04 Thompson, Zachary (2020-10-07) 0:14

92:01 Q. And what other time? Re: [92:01 to 92:04] SUSTAINED

92:02 A. Anytime that it was anticipated Def Obj Improper counter;

92:03 for me to be in -- to be using a weapon or relevance (401, 402)

92:04 being around the use of a weapon.

98:15 - 98:18 Thompson, Zachary (2020-10-07) 0:12

98:15 Q. Do you know what, if any,

98:16 instruction Dustin McCombs received as part

98:17 of his basic training as to whether wearing

98:18 hearing protection was mandatory in combat?

98:22 - 98:25 Thompson, Zachary (2020-10-07) 0:14

98:22 Q. If you know, one way or the

98:23 other.

98:24 A. I do not know what he received.

98:25 Yeah, there's no way I -- I don't know what

99:01 - 99:07 Thompson, Zachary (2020-10-07) 0:22

99:01 he received.

99:02 Q. Okay. Were you given any

99:03 instructions on determining whether you had a

99:04 good seal between the surface of the outer

99:05 skin -- I mean, sorry, the surface of your

99:06 skin, of the outer canal, and the hearing

99:07 protection device?

99:10 - 99:25 Thompson, Zachary (2020-10-07) 1:40

99:10 A. I do -- I do recall, like I

99:11 said earlier, the squad leaders giving just

99:12 quick classes at the range whenever I first

99:13 went to Alaska, and I recall some mention of

99:14 that. But I'll be honest with you, the

99:15 entire details of the conversation are lost

99:16 to me.

99:17 BY MS. KARIS:

99:18 Q. Okay. Do you know whether they

99:19 differentiated at all in those details

99:20 between the type of hearing protection device

99:21 being used?

99:22 A. I do not recall.

99:23 Q. And how long did that

99:24 instruction that you just identified last?

99:25 A. If I had to put a time,

100:01 - 100:09 Thompson, Zachary (2020-10-07) 0:24

100:01 probably five to ten minutes.

100:02 Q. Okay. Do you recall any

100:03 materials being used as part of that

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 21 of 34
100:04 instruction?

100:05 A. I do not recall materials being

100:06 used.

100:07 Q. Okay. During your time in the

100:08 military, do you recall there being posters

100:09 or signs about hearing protection devices?

100:12 - 100:25 Thompson, Zachary (2020-10-07) 1:35

100:12 A. As in like in the workplace or

100:13 whatnot? Is that what you're asking, ma'am?

100:14 BY MS. KARIS:

100:15 Q. Yes.

100:16 A. I do not. That's -- I think

100:17 that's one difference between infantry units

100:18 and the regular Army is that we're kind of on

100:19 the outside of all that stuff, as in we only

100:20 focus on -- I don't know. I guess what I'm

100:21 trying to say is there was none of that stuff

100:22 up -- advertising in the hallways, stuff like

100:23 that.

100:24 Q. Okay. And is that equally true

100:25 during the time you were in Alaska?

101:01 - 101:13 Thompson, Zachary (2020-10-07) 1:38

101:01 A. Yes. I do not recall seeing

101:02 any advertisements or posters for something

101:03 promoting a certain type of hearing

101:04 protection or warning against that hung up at

101:05 our workplace, if that's what the question

101:06 was.

101:07 Q. And is it true that you don't

101:08 recall anything in connection with hearing

101:09 protection devices and posters while you were

101:10 in Afghanistan?

101:11 A. Yeah, I do not recall anything

101:12 like that where I was stationed in

101:13 Afghanistan.

103:12 - 103:15 Thompson, Zachary (2020-10-07) 0:15

103:12 Q. You cannot tell the jury how

103:13 often Dustin McCombs used foam earplugs,

103:14 correct?

103:15 A. No, I cannot.

105:15 - 105:20 Thompson, Zachary (2020-10-07) 0:22

105:15 Q. So is it correct that even

105:16 while you were team leader deployed in

105:17 Afghanistan, you could not, from a distance,

105:18 tell whether employees were -- had properly

105:19 inserted their hearing protection device,

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 22 of 34
105:20 correct?

105:23 - 105:24 Thompson, Zachary (2020-10-07) 0:02

105:23 A. That's correct, ma'am. That's

105:24 correct, ma'am.

106:02 - 106:13 Thompson, Zachary (2020-10-07) 0:22

106:02 Q. What you were testifying about

106:03 earlier was simply that you were aware that

106:04 they had it with them because it was a part

106:05 of the uniform, correct?

106:06 A. Yes, ma'am.

106:07 Q. And I mean hearing protection

106:08 device, correct?

106:09 A. Yes, ma'am.

106:10 Q. You cannot tell this jury that

106:11 Dustin McCombs properly used his hearing

106:12 protection devices while in Afghanistan,

106:13 correct?

106:16 - 106:16 Thompson, Zachary (2020-10-07) 0:14

106:16 A. I cannot tell them that, ma'am.

106:18 - 107:03 Thompson, Zachary (2020-10-07) 1:30

106:18 Q. On the day that Dustin McCombs

106:19 and you were in the convoy where there was

106:20 the IED explosion in Afghanistan in April

106:21 2009 -- first of all, do you recall

106:22 testifying about that?

106:23 A. I do, ma'am.

106:24 Q. Is it correct that you did not

106:25 do anything that day to assess whether Dustin

107:01 McCombs had properly fit any hearing

107:02 protection device he was using?

107:03 A. That's correct.

107:07 - 107:16 Thompson, Zachary (2020-10-07) 0:27

107:07 Q. Following that IED explosion,

107:08 did Dustin McCombs ever complain to you about

107:09 hearing any ringing in his noise [sic] as a

107:10 result of that episode?

107:11 A. I do not recall him complaining

107:12 to me.

107:13 Q. Are you aware of Dustin McCombs

107:14 complaining to anyone following that episode

107:15 about ringing in his ears?

107:16 A. I do not recall.

107:19 - 108:06 Thompson, Zachary (2020-10-07) 1:33

107:19 Do you know -- did you sustain

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 23 of 34
107:20 any injuries in connection with that IED

107:21 explosion?

107:22 A. I did not, ma'am.

107:23 Q. And do you know whether Dustin

107:24 McCombs was given a physical as a result, or

107:25 a medical evaluation, as a result of being

108:01 involved in that IED explosion?

108:02 A. I do not recall, but that is

108:03 per SOP to -- or per typical order of

108:04 operations or however you want to say it, for

108:05 the medic to check everyone that was involved

108:06 in an IED.

111:14 - 111:17 Thompson, Zachary (2020-10-07) 0:15

111:14 Q. Can you tell us what training

111:15 Mr. McCombs had to recognize whether or not

111:16 his earplugs were properly or improperly

111:17 fitted?

111:20 - 111:22 Thompson, Zachary (2020-10-07) 0:07

111:20 A. The training that I'm aware of

111:21 is what I've spoken of earlier at the range

111:22 with our squad leaders in Alaska.

111:24 - 112:01 Thompson, Zachary (2020-10-07) 0:08

111:24 Q. Okay. And can you tell us Re: [111:24 to 114:06] OVERRULED

111:25 anything that was said about how to check for Pltf Obj 403, 602

112:01 proper or improper fitting of earplugs?

112:04 - 112:05 Thompson, Zachary (2020-10-07) 0:01

112:04 A. I don't remember the details. Re: [111:24 to 114:06] OVERRULED

112:05 I can't recall the details, ma'am. Pltf Obj 403, 602

112:07 - 113:01 Thompson, Zachary (2020-10-07) 1:06

112:07 Q. So is it correct you can't tell Re: [111:24 to 114:06] OVERRULED

112:08 us anything with respect to what was said Pltf Obj 403, 602

112:09 about checking for proper or improper fitting

112:10 of earplugs even at the range?

112:11 A. At this time, due to the time

112:12 that has passed since then, I cannot, ma'am.

112:13 Q. Understood.

112:14 Do you recall whether there was

112:15 anything said at all about how to check for

112:16 the proper fit of foam earplugs as opposed to

112:17 Combat Arms earplugs version 2?

112:18 A. You said how to check for the

112:19 foam ones? Is that what you asked?

112:20 Q. Foam versus the CAEv2s.

112:21 A. I do not recall.

112:22 Q. Okay. Were you ever given any

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 24 of 34
112:23 instruction on how to clean your Combat Arms

112:24 earplugs version 2?

112:25 A. I do not recall that either,

113:01 ma'am.

113:02 - 113:25 Thompson, Zachary (2020-10-07) 2:33

113:02 Q. Were you ever given any Re: [111:24 to 114:06] OVERRULED

113:03 instruction on how to evaluate your earplugs Pltf Obj 403, 602

113:04 to determine whether they had sustained any

113:05 damage?

113:06 A. I do not recall, ma'am.

113:07 Q. Were you ever given any

113:08 instruction from the military at any time on

113:09 what impact having wax in the ear canal can

113:10 have on achieving a proper fit?

113:11 A. I do not recall, ma'am.

113:12 Q. Ever given any instruction on

113:13 what effect an ear infection could have with

113:14 respect to hearing protection?

113:15 A. I do not recall, ma'am.

113:16 Q. Were you aware of any soldiers

113:17 using double protection, plugs plus earmuffs?

113:18 A. Not to my knowledge, ma'am.

113:19 Q. Were you ever given any

113:20 instruction on when it would be appropriate

113:21 to use double protection?

113:22 A. I do not recall, ma'am.

113:23 Q. You told us as a team leader

113:24 part of your job was to check the soldiers

113:25 having their full uniform, correct?

114:01 - 114:25 Thompson, Zachary (2020-10-07) 1:06

114:01 A. Yes, ma'am. Re: [111:24 to 114:06] OVERRULED

114:02 Q. At any time, did that consist Pltf Obj 403, 602

114:03 of ever determining whether a soldier should

114:04 have double protection, a plug plus a muff?

114:05 A. I do not recall them requiring

114:06 that.

114:07 Q. Do you recall soldiers ever

114:08 using earmuffs?

114:09 A. Yes, ma'am. You mean just by

114:10 themselves or with -- in connection with the

114:11 earplugs, the other ones?

114:12 Q. My --

114:13 A. Earmuffs by themselves or

114:14 earmuffs with the earplugs in question?

114:15 Q. Let's start with earmuffs by

114:16 themselves. Do you recall soldiers using

114:17 those from time to time?

114:18 A. Yes. It was the option of

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 25 of 34
114:19 turret gunners to use earmuffs because some

114:20 of the trucks, the earmuffs would

114:21 interconnect to the radio system.

114:22 Q. You anticipated my next

114:23 question, and that is when you talked about

114:24 being a turret gunner, when you were a turret

114:25 gunner, were you given earmuffs?

115:01 - 115:09 Thompson, Zachary (2020-10-07) 0:24

115:01 A. It was actually a part of the Re: [115:03 to 115:06] OVERRULED

115:02 truck. It was equipment of the truck. Pltf Obj 403, 602

115:03 Q. And was there an instruction as

115:04 to whether you could use your Combat Arms

115:05 earplugs version 2 versus the earmuffs?

115:06 A. I do not recall.

115:07 Q. Did you have the option of

115:08 using your CAEv2s rather than the earmuffs or

115:09 was it mandatory to use the earmuffs?

115:12 - 115:23 Thompson, Zachary (2020-10-07) 0:29

115:12 A. It was not mandatory to use

115:13 earmuffs. As I said before, the coms in some

115:14 trucks allowed -- it was nice to have the

115:15 earmuffs because you could be -- you could

115:16 keep up with the radio traffic of the --

115:17 maybe the unit that was on foot. But it was

115:18 not mandatory because not -- they didn't

115:19 always work.

115:20 BY MS. KARIS:

115:21 Q. Okay. When you were a turret

115:22 gunner, did you use the earmuffs, if they did

115:23 work?

116:01 - 116:07 Thompson, Zachary (2020-10-07) 0:09

116:01 A. If they worked.

116:02 BY MS. KARIS:

116:03 Q. I'm sorry? I didn't hear your

116:04 answer.

116:05 A. If they worked, I did, because

116:06 I liked being able to keep track of the radio

116:07 traffic.

116:19 - 116:20 Thompson, Zachary (2020-10-07) 0:05

116:19 Q. Okay. Do you know what

116:20 position Mr. McCombs had that day?

116:23 - 116:24 Thompson, Zachary (2020-10-07) 0:03

116:23 A. Position as in where he was in Re: [116:23 to 116:24] OVERRULED

116:24 the truck? Def Obj Incomplete counter

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 26 of 34
117:02 - 117:12 Thompson, Zachary (2020-10-07) 0:27

117:02 Q. Yes.

117:03 A. He was a turret gunner.

117:04 Q. Do you know whether you were

117:05 wearing earmuffs the day of the IED

117:06 explosion?

117:07 A. I believe I was, but like I

117:08 said, I preferred it because I was also a

117:09 leader. So I liked being able to keep track

117:10 of the radio traffic of the other team

117:11 leaders and squad leaders, just in case I

117:12 needed to do something.

117:13 - 118:02 Thompson, Zachary (2020-10-07) 1:43

117:13 Q. When you were wearing the

117:14 earmuffs when you were a turret gunner, would

117:15 you also use the plugs, or only the earmuffs?

117:16 A. I definitely would not use the

117:17 plugs and the earmuffs together.

117:18 Q. And had you seen Mr. McCombs on

117:19 occasion also use the muffs when he was a

117:20 turret gunner?

117:21 A. Whenever he was a turret gunner

117:22 in a truck that it worked, sometimes I'd seen

117:23 him do it, yes, ma'am.

117:24 Q. Do you know whether, on the day

117:25 of the IED explosion, he was wearing the

118:01 earmuffs because he was a turret gunner,

118:02 rather than the plugs?

118:05 - 118:05 Thompson, Zachary (2020-10-07) 0:01

118:05 A. I do not, ma'am.

118:07 - 118:19 Thompson, Zachary (2020-10-07) 0:23

118:07 Q. But you do recall that the Re: [118:07 to 120:02] OVERRULED

118:08 earmuffs were working in the particular truck Def Obj Improper counter,

118:09 you were in because you were wearing them, unnecessary to clarify

118:10 correct? Defendants' designation at

118:11 MR. BARTLETT: Object to the 116:19-118:5. Foundation

118:12 form, mischaracterizes testimony. (602); misstates testimony

118:13 MS. KARIS: You can answer.

118:14 A. In my truck --

118:15 BY MS. KARIS:

118:16 Q. Yes.

118:17 A. -- from the best I remember, it

118:18 was working. But Dustin McCombs was not in

118:19 my truck.

118:07 - 120:02 Thompson, Zachary (2020-10-07) 1:12

118:07 Q. But you do recall that the Re: [118:07 to 120:02] OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 27 of 34
118:08 earmuffs were working in the particular truck Def Obj Improper counter,

118:09 you were in because you were wearing them, unnecessary to clarify

118:10 correct? Defendants' designation at

118:11 MR. BARTLETT: Object to the 116:19-118:5. Foundation

118:12 form, mischaracterizes testimony. (602); misstates testimony

118:13 MS. KARIS: You can answer.

118:14 A. In my truck --

118:15 BY MS. KARIS:

118:16 Q. Yes.

118:17 A. -- from the best I remember, it

118:18 was working. But Dustin McCombs was not in

118:19 my truck.

118:20 Q. I understand.

118:21 In your truck, the earmuffs

118:22 were working, correct?

118:23 A. Right.

118:24 MR. BARTLETT: Object to the

118:25 form.

119:01 A. Now, another caveat. My truck

119:02 was a brand-new MRAP truck, and we had a

119:03 mixed mess of trucks. I can't remember what

119:04 they called the older versions, but the older

119:05 version of trucks was the ones that would not

119:06 work all the time.

119:07 BY MS. KARIS:

119:08 Q. Okay.

119:09 A. And so --

119:10 MR. BARTLETT: Please let him

119:11 finish.

119:12 MS. KARIS: Go ahead, I'm

119:13 sorry. I didn't mean to cut you off.

119:14 There's a break in the video so it

119:15 seems like you're done, but apologies

119:16 if you weren't. Were you finished?

119:17 THE WITNESS: No, that's okay.

119:18 What I was going to say is if I

119:19 remember correctly, the particular

119:20 truck that Dustin was driving that day

119:21 was the older version of the trucks.

119:22 Now, that doesn't mean that

119:23 nothing was working or working [sic],

119:24 but I'm just -- typically, the trucks

119:25 that the coms didn't work, it was

120:01 always the older ones that had the

120:02 problems with that.

120:16 - 120:25 Thompson, Zachary (2020-10-07) 0:23

120:16 Q. What you do know is that that Re: [120:16 to 120:25] OVERRULED

120:17 truck had earmuffs for hearing protection Def Obj Improper counter,

120:18 devices, but you don't know if they were unnecessary to clarify

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 28 of 34
120:19 working, correct? Defendants' designation at

120:20 MR. BARTLETT: Object to the 116:19-118:5. Foundation

120:21 form, mischaracterizes testimony. (602); Misstates testimony

120:22 MS. KARIS: You can answer.

120:23 A. I actually can't tell you if it

120:24 had earmuffs or not, because some of them, it

120:25 was missing.

121:09 - 121:13 Thompson, Zachary (2020-10-07) 0:08

121:09 Q. You don't know if there were Re: [121:09 to 121:13] OVERRULED

121:10 earmuffs, and if there were earmuffs, you Def Obj Improper counter,

121:11 don't know if they were working in Dustin unnecessary to clarify

121:12 McCombs' truck, correct? Defendants' designation at

121:13 A. Correct, ma'am. 116:19-118:5. Foundation (602)

121:14 - 121:17 Thompson, Zachary (2020-10-07) 0:09

121:14 Q. But you certainly cannot tell

121:15 this jury that Dustin McCombs was wear --

121:16 what hearing protection he was wearing the

121:17 day of the IED explosion, correct?

121:20 - 121:22 Thompson, Zachary (2020-10-07) 0:04

121:20 A. Did you say I can't tell the

121:21 jury that he was wearing hearing protection

121:22 or what type of hearing protection?

121:24 - 122:07 Thompson, Zachary (2020-10-07) 0:25

121:24 Q. What type of hearing

121:25 protection.

122:01 A. I cannot tell you what type of

122:02 hearing protection he was wearing.

122:03 Q. And you certainly can't tell

122:04 the jury whether whatever hearing protection

122:05 he was wearing, whether he had properly

122:06 fitted it in his ear, correct?

122:07 A. That's correct.

123:23 - 124:18 Thompson, Zachary (2020-10-07) 1:52

123:23 Q. Okay. And Dustin was a member

123:24 of the weapons squad the entire time he was

123:25 in Afghanistan; is that correct?

124:01 A. To my knowledge, Dustin was a

124:02 member of weapons squad from the time I met

124:03 him until I got out of the military.

124:04 Q. And what is the function of the

124:05 weapons squad?

124:06 A. That is the guys who carry the

124:07 crew-served weapons as in weapons that are

124:08 big enough to have two or three people to use

124:09 them, unless they're mounted to a truck.

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 29 of 34
124:10 So if they wasn't mounted, it

124:11 would take at least two people to run all the

124:12 weapons that are in a weapons squad.

124:13 Q. What are the type of weapons

124:14 that one is exposed to by being in weapons

124:15 squad?

124:16 A. You'd be exposed to 240 Bravo,

124:17 medium machine gun; a .50 caliber heavy

124:18 machine gun, and a Mark 19 grenade launcher.

124:22 - 124:24 Thompson, Zachary (2020-10-07) 0:09

124:22 Q. And what is the type of

124:23 equipment that one is exposed to being in

124:24 weapons squad?

125:07 - 125:14 Thompson, Zachary (2020-10-07) 0:22

125:07 A. It would be the same as any Re: [125:11 to 125:18] OVERRULED

125:08 other -- MRAPs is the big trucks, and Pltf Obj 401, 403, Foundation,

125:09 up-armored Humvees would be the typical 602

125:10 vehicles you would be exposed to.

125:11 Q. I want to focus on the weapons.

125:12 The weapons that you listed and identified,

125:13 how frequently is a soldier exposed to the

125:14 240 Bravo M, for example?

125:17 - 125:18 Thompson, Zachary (2020-10-07) 0:03

125:17 A. When he's in-country or when Re: [125:11 to 125:18] OVERRULED

125:18 he's in the United States? Pltf Obj 401, 403, Foundation,

602

126:01 - 126:02 Thompson, Zachary (2020-10-07) 0:07

126:01 A. In the United States you would Re: [126:01 to 126:02] OVERRULED

126:02 have training cycles. Pltf Obj 401, 403, Foundation,

602

126:06 - 126:25 Thompson, Zachary (2020-10-07) 1:49

126:06 A. Okay. And the -- so you would Re: [126:06 to 127:21] OVERRULED

126:07 have a training cycle and then a recovery Pltf Obj 401, 403, Foundation,

126:08 cycle, and then I can't remember what they 602

126:09 called the other one. But everything is in

126:10 threes.

126:11 So during the training cycle

126:12 would be -- which is probably two weeks,

126:13 usually, you do two weeks training cycle, and

126:14 you'll be involved or you'll be -- what's the

126:15 term used? You would be around all the

126:16 weapons systems for that two-week period

126:17 generally, depending on what your job

126:18 description was within it, and then you do

126:19 have a recovery period. So it's like two

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 30 of 34
126:20 weeks at a time and then you'll have like

126:21 four to six weeks where you don't actually do

126:22 firing.

126:23 And when I say around it, as in

126:24 connected, to be actually firing and

126:25 practicing with it with live ammunition is

127:01 - 127:08 Thompson, Zachary (2020-10-07) 0:22

127:01 what I was trying to say. Re: [126:06 to 127:21] OVERRULED

127:02 So we'll practice with them and Pltf Obj 401, 403, Foundation,

127:03 clean them throughout the recovery period as 602

127:04 well, but actually firing them at a range and

127:05 being around the sound of it, you'd

127:06 probably -- like a week, two-week training

127:07 period and then you take a break, and then a

127:08 couple of months later do another -- (audio

127:12 - 127:12 Thompson, Zachary (2020-10-07) 0:01

127:12 A. -- another training cycle. Re: [126:06 to 127:21] OVERRULED

Pltf Obj 401, 403, Foundation,

602

127:14 - 127:21 Thompson, Zachary (2020-10-07) 0:15

127:14 Q. So is it -- I'm sorry. Go Re: [126:06 to 127:21] OVERRULED

127:15 ahead. Pltf Obj 401, 403, Foundation,

127:16 A. Now, when you were in-country, 602

127:17 as in Afghanistan or any other foreign area

127:18 that we were -- like a war zone, it would be

127:19 every day you'd be -- every day, every other

127:20 day, something like that, it would be a lot

127:21 that you would be exposed to it.

132:01 - 132:10 Thompson, Zachary (2020-10-07) 0:27

132:01 Q. You served with Mr. McCombs in

132:02 Afghanistan, correct?

132:03 A. Yes, ma'am.

132:04 Q. And that entire duration, he

132:05 was in the weapons squad, correct?

132:06 A. To my knowledge, yes, ma'am.

132:07 Q. What type of equipment was --

132:08 weapons was Mr. McCombs exposed to on a daily

132:09 basis in -- as a member of the weapons squad

132:10 in Afghanistan?

132:13 - 132:25 Thompson, Zachary (2020-10-07) 1:32

132:13 A. Which weapon would he typically

132:14 carry, is that what you're asking?

132:15 BY MS. KARIS:

132:16 Q. Carrying or exposed to. What

132:17 types of equipment loud noises would he have

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 31 of 34
132:18 been around?

132:19 A. Oh, 240 Bravo, the .50 cals and

132:20 Mark 19s would be the three main ones. And

132:21 then the noise from MRAP and up-armored

132:22 humvee.

132:23 Q. And how regularly would he be

132:24 exposed to noise from those types of

132:25 equipment?

133:03 - 133:23 Thompson, Zachary (2020-10-07) 1:53

133:03 A. When we were in-country, I

133:04 mean, the vehicles were -- ran every day, but

133:05 as far as him actually shooting his weapon

133:06 every day, we didn't get in fire fights every

133:07 day with the enemy, so that varied from time

133:08 to time. It's hard to kind of put a pinpoint

133:09 on that.

133:10 But even while in-country, we

133:11 still had cycles where we would practice and

133:12 go to the range. However, not as much as we

133:13 did in the United States due to, I mean --

133:14 I'm trying to think of the best way to say

133:15 this. I don't want to say it's because we

133:16 were consolidating ammo. I think we had

133:17 plenty of ammo, but we went to the range less

133:18 in-country, in Afghanistan, than we did in

133:19 the United States.

133:20 So I would actually say that,

133:21 on average, his exposure to it would be less

133:22 daily as far as shooting the weapons because

133:23 we didn't get in fire fights every day.

133:25 - 134:13 Thompson, Zachary (2020-10-07) 1:42

133:25 Q. Okay. And is it the case, Re: [133:25 to 134:13] OVERRULED

134:01 then, that a member of the weapons squad, Def Obj Foundation (602)

134:02 when they're in the U.S., rather than

134:03 deployed, is exposed to a significant amount

134:04 of noise from these type of weapons and

134:05 vehicles that you've identified?

134:06 MR. BARTLETT: Object to the

134:07 form.

134:08 A. It wouldn't be -- they wouldn't

134:09 be exposed to it more than any other soldier

134:10 because just because they're the one shooting

134:11 it -- I may be in 1st squad, but I'm ten foot

134:12 from him shooting it. You see what I'm

134:13 saying?

135:10 - 135:16 Thompson, Zachary (2020-10-07) 0:25

135:10 Q. Okay. So is it correct,

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 32 of 34
135:11 Mr. Thompson, that during the time that you

135:12 served with Dustin McCombs, whether in the

135:13 U.S. or in Afghanistan, on a frequent basis

135:14 he would have been exposed to loud noise from

135:15 the types of weapons that you've listed for

135:16 the jury?

135:19 - 135:21 Thompson, Zachary (2020-10-07) 0:05

135:19 A. He would have been exposed to

135:20 the typical noises of an infantryman, yes,

135:21 ma'am.

135:23 - 135:25 Thompson, Zachary (2020-10-07) 0:05

135:23 Q. And that was true while you

135:24 were serving with him in the U.S. and it was

135:25 also true while you were serving with him in

136:01 - 136:01 Thompson, Zachary (2020-10-07) 0:02

136:01 Afghanistan, correct?

136:06 - 136:12 Thompson, Zachary (2020-10-07) 0:18

136:06 Q. It's also correct that during Re: [136:06 to 136:25] OVERRULED

136:07 the entire time you served with him in the Pltf Obj 403

136:08 U.S., in Alaska, before he went to

136:09 Afghanistan and after he went to Afghanistan, Re: [136:06 to 137:08] OVERRULED

136:10 you do not recall Mr. McCombs ever Pltf Obj 403

136:11 complaining to you about hearing-related

136:12 problems, correct?

136:15 - 136:22 Thompson, Zachary (2020-10-07) 0:19

136:15 A. He did not recall -- I do not Re: [136:06 to 136:25] OVERRULED

136:16 recall him complaining to me personally, no. Pltf Obj 403

136:17 BY MS. KARIS:

136:18 Q. And you don't recall Re: [136:06 to 137:08] OVERRULED

136:19 Mr. McCombs ever saying anything about Pltf Obj 403

136:20 hearing ringing or the sound of crickets or

136:21 anything that sounded like tinnitus in his

136:22 ears, correct?

136:25 - 137:01 Thompson, Zachary (2020-10-07) 0:03

136:25 A. Correct, ma'am. I don't recall Re: [136:06 to 136:25] OVERRULED

137:01 him telling me. Pltf Obj 403

Re: [136:06 to 137:08] OVERRULED

Pltf Obj 403

137:03 - 137:08 Thompson, Zachary (2020-10-07) 0:12

137:03 Q. And you served with him before Re: [136:06 to 137:08] OVERRULED

137:04 he went to Afghanistan and Alaska, and you Pltf Obj 403

137:05 also served with him after he returned to the

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 33 of 34
137:06 United States from his tour of duty in

137:07 Afghanistan, correct?

137:08 A. Correct.

143:13 - 143:16 Thompson, Zachary (2020-10-07) 0:08

143:13 Q. Okay. Has Mr. McCombs ever

143:14 told you that he's been unable to do anything

143:15 with his family or his kid because of any

143:16 ailments that he has?

143:19 - 143:19 Thompson, Zachary (2020-10-07) 0:00

143:19 A. No, he has not.

149:03 - 149:15 Thompson, Zachary (2020-10-07) 0:28

149:03 Q. Is it correct that you

149:04 certainly did not -- were not with Dustin

149:05 McCombs every day that he was engaged in

149:06 combat?

149:07 A. As in beside him or in the

149:08 general vicinity?

149:09 Q. Beside him.

149:10 A. That is correct.

149:11 Q. And you certainly weren't

149:12 within close enough range to determine

149:13 whether he was actually wearing hearing

149:14 protection devices while he was in combat at

149:15 all times, correct?

149:18 - 149:18 Thompson, Zachary (2020-10-07) 0:01

149:18 A. That is correct.

Case 7:20-cv-00094-MCR-GRJ Document 117-1 Filed 05/14/21 Page 34 of 34