Document 06NaRbr2GB21pekQBqL9ej6an

PoWFRS &FROST. L.L.P. AUG. 2 8.0 0 *0 0 AnOPhEVS PLAINTIFF'S EXHIBIT UC-1664 26CO Two Houston Cenler 909 Eannin hlouston, Texas 77010-1009 Telephone (713)767-1555 Fascimi le (713) 767-1799 August 25, 2000 Via Facsimile: (214) 520-1181 and Via Certified Mail: Z 462 899 807 Mr. Russell W. Budd Attn: Hugh Bartlett BARON & BUDD 3102 Oak Lawn Ave., Ste. 1100 Dallas, Texas 75219-4281 Re: Cause No. 97-4-13222; James Paul Jacobs, et al vs. Owens-Coming Fiberglas Corporation, et al; In the 267th Judicial District Court of Calhoun County, Texas File No. 7028-106 Dear Mr. Budd: Enclosed please find the following: .......... ~ 1. Defendant Union Carbide Chemicals & Plastics Co., Inc.'s Responses to Plaintiffs' Request for Disclosure; 2. Defendant Union Carbide Corporation d/b/a Union Carbide Chemicals & Plastics Co., Inc.'s Response to Plaintiff, William J. King's First Set of Interrogatories, First Request for Production and First Request for Admissions; and 3. Defendant Union Carbide Corporation d/b/a Union Carbide Chemicals and Plastics Company, Inc.'s Response to Plaintiff, Rafael W. Hanys' First Request for Admissions and Second Request for Production. Please do not hesitate to telephone our office should you have any questions or comments concerning this matter. Sincerely, SDG/dcr Enclosures Shawn W. Golden cc: All Counsel of Record (w/out end.) -- Via Regular Mail F:\Firmdocs\ENV\CCR\CalhourAJacobs. James\B&B-covltr-Discovery Responses.doc CAUSE NO. 97-4- 13222 JAMES PAUL JACOBS; MICHAEL LEROY SCOTT; RAFAEL W. HANYS; GILBERT SAMMY BINGHAM; WILLIAM J. KING; RICHARD L. GLOVER; LEROY ROGERS; JAMES CLIFTON RUSH; DAVID S. SABEDRA; DENNIS GEORGE SESTAK; and, EDWARD TIMOTHY SRALLA, IN THE DISTRICT COURT OF Plaintiffs, VS. OWENS - CORNING FIBERGLAS CORPORATION, et al., Defendants. ' CALHOUN COUNTY, TEXAS 267th JUDICIAL DISTRICT DEFENDANT UNION CARBIDE CHEMICAL & PLASTICS CO., INC.'S RESPONSES TO PLAINTIFFS' REQUEST FOR DISCLOSURE Union Carbide Chemical & Plastics Co., Inc.'s ("Defendant") files these Responses Plaintiffs, Rafael W. Hanys and William J. King's Rule 194 Request for Disclosure. Respectfully submitted, & FROST, L.L.P. f1 James H. Powers TBN: 16217400 Sharia J. Frost TBN: 07491100 2600 Two Houston Center 909 Fannin Houston, Texas 77010 Telephone: 713.767.1555 Facsimile: 713.767.1799 COUNSEL FOR DEFENDANT, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. pfiill F)\fi rmdoc.s\ein \ccr\calhoun\jacobs.james\Union-Carbide-Responses-to-Disclosure CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing instrument has been forwarded to counsel of record for Plaintiffs, Baron & Budd, P.C., via Certified Mail, Return Receipt Requested, and also via facsimile transmission; and, to all other counsel of record via first class DEFENDANT UNION CARBIDE CHEMICAL & PLASTICS CO., INC.'S RESPONSES TO REQUEST FOR DISCLOSURE (a) The correct names of parties to this lawsuit; Defendant is unaware at this time that any parties to this lawsuit have been incorrectly named. (b) the name, address, and telephone number of any potential parties; Defendant is unaware at this time of any potential parties who have not been named in Plaintiffs' Petition. Defendant Union Carbide Chemical & Plastics Co., Inc.'s Responses to Plaintiffs' Request for Disclosure Page No. 2 \\PFNT\PFDATAVFirmdocs\ENV\CCR\Calhoun\Jacobs, James\Union-Carbide-Responses-to-Disclosure.doc (c) the legal theories and, in general, the factual bases of the responding party's defenses (the responding party need not marshal all evidence that may be offered at trial; Defendant's defenses are outlined in its Answer to Plaintiffs' Petition and any amendments filed thereto. Without waiving any defense stated therein, Defendant contends the following generally: Defendant will dispute that Plaintiff(s)'s alleged injuries are asbestos related. Defendant contends that each Plaintiff contributed to cause his or her own alleged injury and/or death by smoking and/or other actions and lifestyle choices. Defendant also contends that the acts or omissions of others contributed to cause each Plaintiff's alleged injuries and/or death. No product manufactured, sold or distributed by Defendant caused any alleged injury to Plaintiff(s). Each Plaintiff was either not exposed to Defendant's products, or any alleged exposure did not contribute to cause any Plaintiff's alleged injury. Defendant will present a "state of the art" defense to demonstrate that Defendant was charged with no greater knowledge than that of the medical and scientific community. Defendant will deny that it breached any duty to warn and will deny that its products were defective. (d) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; Defendant does not know each person with knowledge of relevant facts. Defendant states that each Plaintiff, all witnesses named or designated by each Plaintiff, all Defendants, all witnesses named or designated by other Defendants, co-workers of each Plaintiff, family members of each Plaintiff, medical personnel who have treated or examined each Plaintiff and medical personnel who have reviewed records, x-rays and/or pathology of Plaintiff may all have knowledge of relevant facts. Defendant additionally incorporates herein Defendant's witness lists, exhibit lists and designation of deposition testimony, on file or to be filed in this case. (e) for any testifying expert: (1) the expert's name, address and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the Responding party, documents reflecting such information; (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: Defendant Union Carbide Chemical & Plastics Co.. Inc.'s Responses to Plaintiffs' Request for Disclosure Page No. 3 \VPFNT\PFDATA\Firmdocs\ENV\CCR\Calhoun\Jacobs, James\Union-Carbide-Responses-to-Disclosure.doc (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and (B) the expert's current resume and bibliography; Defendant incorporates herein Defendant's witness lists, exhibit lists and designations of deposition testimony, on file or to be filed in this case. Defendant does not have information regarding testifying experts to each Plaintiff or of other Defendants. (f) any discoverable indemnity and insuring agreements; It is impossible to answer this request with specificity because a number of factors determine which carrier or carriers may be required to respond to any particular claim. Documents which may expand upon the response are available for inspection. An index is available. (g) any discoverable witness statements; Defendant is not aware of any discoverable witness statements other than any depositions which have been or will be taken in this case. (h) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. These documents, to the extent Defendant possesses them, will be made available to Plaintiff for review and copying at a mutually agreed upon time. Defendant Union Carbide Chemical & Plastics Co.. Inc.'s Responses to Plaintiffs' Request for Disclosure Page No. 4 \\PFNT\PFDATA\FirmdocsVENV\CCR\Calhoun\Jacobs, James\Union-Carbide-Responses-to-Disclosure.doc