Document 0qzokpdgaDD2eVX6G0Y5Z6gVR

CHAVES, GONZALES, RODRIGUEZ & HOBLIT, L.L.P. ATTORNEYS AT LAW DOUGLAS E CHAVES* RUDY GONZALES. JR. J. CHRIS RODRIGUEZ* R. CLAY HOBUT* OMAR S. RIVERO HARVEY FERGUSON. JR. CHRISTOPHER R. SCOTT STEPHEN R. DARLING "BoM CMMad in Ptnaral Injuiy TiM Lm Tim Don d Laqal SnirMiMni OF COUNSEL: HON. PAUL W.NYE R. Owl Juan-im Caul oIAprmW 2000 FROST BANK PLAZA 802 NORTH CARANCAHUA CORPUS CHRISTI, TEXAS 78470 (512) 888-9392 FAX: (512) 888-9187 . V..'' -- February 23, 1995? - ! r-. \ STEVEN D. AUTRY LAURIE J. ELZA MOISES R. HERNANDEZ DEBRA IRWIN R. GARY LAWS DONNA H. MCKINNEY STEPHEN J. NAYLOR GARY E. RAMIREZ ALFONSO SOLIZ. JR. McALLEN OFFICE (210) 630-1919 FAX: (210) 630-1927 Mr. Oscar Soliz District Clerk Nueces County Courthouse 901 Leopard St. Corpus Christi, Texas 78401 Re: Cause No. 94-03884-B; Leona Tiber, Ind. vs. Reynolds Metals Company and Gilman Insulation Company, In the 117th District Court, Nueces County, Texas. Dear Mr. Soliz: Enclosed please find the following document to be filed in the above-referenced matter: 1. Defendant Reynolds Metals Company's Objections and Answers to Plaintiffs Interrogatories. Please file stamp die enclosed copies and return diem to me in the enclosed self-addressed stamped envelope. I appreciate your assistance in this matter. Cordially, RCH:tmk Enclosures R. Clay Hoblit cc: VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND FACSIMILE C. Andrew Waters BARON & BUDD 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219 VIA REGULAR MAIL William A. Abernethy Clay Coalson MEREDITH, DONNELL & ABERNETHY 1500 One Shoreline Plaza, North Tower Post Office Box 2624 Corpus Christi, Texas 78403-2624 CAUSE NO. 94-03884-B LEONA TINER, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE HEIRS AND ESTATE OF ROBERT D. TINER, DECEASED VS. REYNOLDS METALS COMPANY AND GILMAN INSULATION COMPANY IN THE DISTRICT COURT 117th JUDICIAL DISTRICT NUECES COUNTY, TEXAS DEFENDANT REYNOLDS METALS COMPANY'S OBJECTIONS AND ANSWERS TO PLAINTIFF'S INTERROGATORIES TO: PLAINTIFF, LEONA TINER, Individually and as Personal Representative of the Heirs and Estate of Robert D. Tiner, Deceased. Pursuant to the provisions of Rule 168 of the Texas Rules of Civil Procedure, Defendant, REYNOLDS METALS COMPANY, by and through its attorney of record in die above styled and numbered cause, herein files its Objections and Answers to Plaintiffs Interrogatories and for such responses would show as per the attached. Respectfully submitted, CHAVES, GONZALES, RODRIGUEZ HOBUT, L.L.P. 2000 Frost Bank Plaza 802 N. Carancahua Corpus Christi, Texas 78470 (512) 888-9392 (512) 888-9187 (Facsimile) & R. Clay Hoblit State Bar No. 09743100 l CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing instrument has been served upon all counsel of record to this proceeding by the maimer indicated below, on this the day of Fg . 1995. R. Clay Hoblit cc: VIA FACSIMILE AND CERTIFIED MAIL RETURN RECEIPT REQUESTED C. Andrew Waters BARON & BUDD 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219 VIA REGULAR MAIL William A. Abemethy Clay Coalson MEREDITH, DONNELL & ABERNETHY 1500 One Shoreline Plaza, North Tower Post Office Box 2624 Corpus Christi, Texas 78403-2624 REYNOLDS METALS COMPANY BY; ARLON BOATMAN Manager, Health and Safety STATE OF TEXAS COUNTY OF S BEFORE ME, the undersigned Notary Public, on this day personally appeared ARLON BOATMAN, Manager, Health and Safety, for REYNOLDS METALS COMPANY, who being by me duly sworn under oath and deposed and said that he is the representative of Defendant REYNOLDS METALS COMPANY in the above entitled and numbered cause; he is charged with collecting information gathered by his officers, agents and/or employees; has compiled this information as a result of the investigation of his officers, agents and/or employees; that he has read the questions contained in the foregoing instrument and that to the best of his knowledge, information and belief, formed after reasonable inquiry, the statements contained therein are true and correct and are based upon the information that is available and has been gathered by his officers, agents and/or employees. Aria*, Boating*. ARLON BOATMAN SUBSCRIBBED AND SWORN TO BlEEFFOORREE MMlE, by the said ARLON BOATMAN on this the ec2235<*77gdCCdavy of 1995, to certify which witness my ha nnHd aannHd sgeoaall ortff oftffffiirc?e*.1^ the State of Texas Print or type name Preliminary Statement and General Objections tn Plaintiffs Interrogatories These discovery requests are in a form which has been used in asbestos cases against defendants whose primary business was the manufacture of asbestos thermal insulation. For die reasons set forth below, Reynolds respectfully submits that this discovery, as applied to Reynolds, would be unduly burdensome and would require Reynolds to invest massive financial and manpower resources which far outweigh the likelihood that this effort would lead to the discovery of admissible evidence. Reynolds respectfully suggests that discovery rules and principles of fairness, relevance and relative burden must be considered in evaluating plaintiffs discovery and Reynolds' responses to that discovery. The basic premise of every lawsuit is for die plaintiff to state a claim and to pursue discovery on that claim. There is no authority for the plaintiff to seek discovery completely without regard to what, if any, products might have been responsible for his injuries without limitation on time period or work site. It would be patently unfair to allow die plaintiff to conduct a massive fishing expedition through use of die form discovery requests, without any focus on the products, time frame or work site at issue. Reynolds is not now, nor has it ever been, a miner of asbestos fiber or a manufacturer of the kinds of block, pipe, mud and cement thermal insulation products which have been die focus of asbestos personal injury litigation. With many manufacturers of asbestos thermal insulation now in bankruptcy. Plaintiff now aims the standard discovery requests used against those companies against entities like Reynolds. Reynolds has never been a member of the "asbestos industry" as that term has commonly been used in asbestos litigation. Thus, these form interrogatories and requests for production are overly broad and unduly burdensome as applied to Reynolds because they fail to give weight to this key fact. Many of die products located in Reynolds facilities, including the one where plaintiff worked, are extremely complex, consisting of hundreds or even thousands of components. Many of these components, as well as other materials, are supplied to Reynolds by other companies. Reynolds does not maintain records that identify die composition of each product component. The plaintiffs form interrogatories and requests for production are not limited in any fashion to the produces) reasonably believed by die plaintiff to have been located at the Reynolds Sherwin Alumina Plant and to which he reasonably believes he was exposed to some type of asbestos. In addition to many requests not being limited to die plant where plaintiff worked, many others have no limitation as to relevant time period. 3 In summary, Reynolds opposes a type and volume of discovery which would impose an unreasonable burden on Reynolds because it is not tailored in any way to deal with a corporation such as Reynolds, or reasonably designed to lead to the discovery of admissible evidence concerning the products the plaintiff reasonably believes to have caused him harm. Further, Reynolds objects to plaintiffs interrogatories and requests for production of documents to the extent that they call for information that is protected by the attorney-client or attorney work product privileges or call for information that is beyond the scope of permissible discovery and/or is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections or objections previously made to these discovery requests, and subject thereto, Reynolds further responds to the interrogatories as follows: ANSWERS TO INTERROGATORIES INTERROGATORY NO. 1: State the name, address, job title, length of time employed by Defendant, and a year-by-year list of all other positions, titles, or jobs held when working for Defendant of each person who has supplied any information used in answering these interrogatories. ANSWER: Objection. Request calls for information protected by the attorney-client privilege, party communication privilege, investigative privilege, and work product privilege. INTERROGATORY NO. 2: State whether or not you are a corporation. If so, state your correct corporate name, die state of your incorporation, die address of your principal place of business, die name and address of die person or entity authorized to accept service of process on your behalf, and whether or not you have ever held a Certificate of Authority to do business in die State of Texas. ANSWER: Yes. Reynolds Metals Company; Delaware; 6601 West Broad Street, Richmond, Virginia 23230; Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 100 Congress, Suite 1100, Austin, Texas 78701; Yes. 4 INTERROGATORY NO. 3: Has Defendant or any of its predecessor or subsidiary companies at any time published or distributed any printed material, including brochures, warning signs or statements, pamphlets, catalogs, packaging or other written material or any kind or character containing any warnings concerning die possibility of injury resulting from die use of asbestos-containing products or exposure to asbestos? If so, state: A. The names of each relevant product or type of product. B. The exact wording of each warning statement on each printed material. C. A description of the printed material other than the warning statement. D. The method used to distribute the materials to persons likely to use the products or likely to be exposed to asbestos. E. The date each warning was first issued or distributed. F. The name, address, and job title of each person responsible for having drafted or issued the warning statements and/or written materials. G. The current location of any such printed material and the custodian thereof. H. The form in which such literature or printed material can be accessed, i.e.. the manner in which such literature is indexed or stored. ANSWER: In addition to prior objections. Defendant objects to Interrogatory No. 3 in that die information requested in items A. through H. are overly broad, unduly burdensome, and go beyond the scope of Rule 168 of die Texas Rules of Civil Procedure. Without waiving these objections, yes. Given that die interrogatory is not limited in time and requests information regarding events that occurred over more than three decades. Defendant does not currently have sufficient information to respond with particularity. Defendant would refer die Plaintiff to the deposition testimony in this case and also documents provided in response to Request for Production No. 13. 5 INTERROGATORY NO. 4: Before 1970, had you received notice that any individual or individuals had claimed injury as a result of exposure to asbestos? If so, state: A. The name and address of each claimant. B. The date of notice of each claim. C. A description of die claim. D. The type of injuries allegedly sustained. E. The name and address of each attorney who represented each individual making a claim. F. The style and court number of each claim. G. The disposition of each claim that has been settled or taken to judgment. ANSWER: Subject to prior objections, no. INTERROGATORY NO. 5: List each employee who has acted in a medical advisory capacity to your company at any time during die past 40 years, including, but not limited to, physicians and industrial hygienists, and the current address, telephone number and job title of each of those individuals and who has, had or may have had any knowledge regarding the hazards of asbestos. ANSWER: Subject to prior objections, die individuals are as follows: Dr. Charles D. Dixon Sherwin Alumina Plant Medical Director (1954) Deceased Dr. Draper Sherwin Alumina Plant Medical Director (19? - 1971) Deceased 6 Dr. Harry R. Bratt Sherwin Alumina Plant Medical Director (1971-1975) Dr. Robert Dale Gamble Sherwin Alumina Plant Medical Director (1975-1989) 5301 St. Andrew Corpus Christi, TX 78413 Dr. John Frandolig Sherwin Alumina Plant Medical Director (1989-1991) RR 1, Box 358 Lake Geneva, WI 53147 Dr. Guy Racette Sherwin Alumina Plant Medical Director (1991-1993) 8122 Deck Street Corpus Christi, TX 78412 Dr. Wendell Roberts Sherwin Alumina Plant Medical Director (1993-present) 620 West Johnson Avenue Aransas Pass, TX Dr. James MacMillan Reynolds Metals Company Medical Director (1956-1977) 306 Gunby Drive Richmond, VA Dr. E. Claiborne Irby Reynolds Metals Company Associate Corporate Medical Director (1959-1977) Reynolds Metals Company Corporate Medical Director (1977-1992) 11-1/2 Tapoan Road Richmond, VA 23226 Dr. David Warren Acting Medical Director (1992-1993) 8705 Tarrytown Drive Richmond, VA 7 Dr. WooIson W. Doane Corporate Medical Director (1993-present) Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 Homer M. Cole, Corporate Director, Industrial Hygiene and Toxicology Ronald Benton, Manager, Industrial Hygiene Field Operations and Technical Services Linda Maillet, Regional Industrial Hygienist, Eastern Region Laurie Shelby, Manager, Industrial Hygiene Programs Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 James D. Davison, former Staff Industrial Hygienist Shell Oil Company Post Office Box 4320 Houston, TX 77210 Stacey Hansen, former Staff Industrial Hygienist 2116 Lennox Road Richmond, VA D. R. Hudgins, former Staff Industrial Hygienist 1237 Fountain Road Newtown, PA 18940 Edward J. Largent, retired from Industrial Hygiene Department 30 Kay Place Nash, TX 75569 Richard Mansur, retired from Industrial Hygiene Department 1416 Coronet Drive Richmond, VA Dale Prokopchak, former Staff Industrial Hygienist Environmental Technology 3705 Saunders Avenue Richmond, VA 23227 a H. L. Skalsky Dames and Moore 3 Corporate Park Suite 300 Irvine, CA 92714 INTERROGATORY NO. 6: Does Defendant have in its possession any books, pamphlets, memoranda, or written materials of any kind or character that would indicate that asbestos fibers, when inhaled, can be hazardous to the heallh of human beings? If so, state: A. The name of each such publication. B. The date of publication and die names of the author and publisher (if any). C. The date received by Defendant, if known. D. The name, job title, and address of each person who currently has possession of each publication and its present location. ANSWER: Yes. See documents produced in Response to Request for Production No. 2. These documents are found in die files of Reynolds' Corporate Medical Department, Industrial Hygiene Department, and/or the files at die Sherwin Plant. 9 INTERROGATORY NO. 7: Has Defendant or any of its subsidiary or predecessor companies at any time been a member of any trade organization or association that published or disseminated any documents or information relating to the hazards of asbestos? If so, state: A. The name and address of each such association or organization. B. The dates during which Defendant or any of its subsidiaries or predecessors were members. C. The names and dates of any publications, minutes, or reports published, written, or disseminated by any of the named associations or organizations related in any way to die hazards of asbestos. D. Whether any of those publications are still in your possession, and if so: 1. A description of the publications, including die date. 2. The current location of such publications. 3. The custodian of such publications. 4. The method or manner in which such publications are maintained. ANSWER: No, based on present information available. Furthermore, individual employees may have been members of various groups, but Defendant does not have records identifying die names of these employees, the organizations to which they belong, or the information, if any, disseminated to these employees from these groups. INTERROGATORY NO. 8: Identify by name and location each plant or manufacturing facility owned or operated by you in which asbestos products were assembled, stored, used, prepared for use, installed or fabricated, specifying the dates each plant is or was in operation, and die time span during which each named item was stored, used, prepared for use, installed or fabricated. ANSWER: Subject to prior objections, the Sherwin Alumina Plant has operated continuously since June 1953. 10 INTERROGATORY NO. 9: Does Defendant have insurance policies that might cover the claims made by Plaintiff in this case? If so, list the name of each insurance carrier and the number of each policy, the amount of layer of coverage, and the effective dates of each policy. ANSWER: Yes. Pacific Employers Insurance Company (CIGNA) has been placed on notice of the claim and is handling it under Policy No. WLRC-39121748. The amount of coverage is $1 million per occurrence. The effective dates of the policy are September 30, 1992 - September 30, 1993. CIGNA also provides an additional layer of insurance pursuant to Policy No. XCPG15521892. The amount of coverage is $5 million per occurrence. The effective dates of this policy are also September 30, 1992 - September 30, 1993. li INTERROGATORY NO. IQ: As to the disease asbestosis, state: A. The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. B. How Defendant became aware of the existence of the disease. C. Who within the company first discovered, recognized or understood the adverse consequences or effects of die disease and/or of asbestos exposure. D. What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. E. Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. F. Who is the custodian of such information. G. The date on which you first received knowledge or information that asbestos is/was caused by inhalation of asbestos fibers. ANSWER: In addition to prior objections. Defendant objects to this interrogatory because of die argumentative, categorical manner in which it is phrased. Defendant objects to the lack of foundation to the extent die interrogatory implies that all levels of asbestos exposure can result in development of pulmonary disorders. Defendant would defer to die reason, judgment, and opinions of its medical expert witnesses on all such questions of human diseases, their causes, and diagnosis. Subject to and without waiving these objections. Defendant generally has learned that inhalation of asbestos fibers is associated with increased risk of health hazards for some people. The specifics of exacdy how or when Reynolds personnel acquired such knowledge or awareness is not presendy known. Such information may have come from reading government publications, or other published written materials and publications such as medical journals or industrial hygiene journals. In addition, see response to Request for Production No. 2. 12 INTERROGATORY NO. 11: As to the disease lung cancer, state: A. The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. B. How Defendant or its subsidiary or predecessor became aware of die disease and its relationship to asbestos exposure. C. Who within die company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. D. What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. E. Whether any such information is still maintained by Defendants or its subsidiaries or predecessors in a written form. F. Who is die custodian of such information. G. The date on which you first received knowledge or information that lung cancer was caused by inhalation of asbestos dust and fibers. ANSWER: In addition to prior objections. Defendant objects to this interrogatory because of the argumentative, categorical manner in which it is phrased. Defendant objects to the lack of foundation to the extent the interrogatory implies that all levels of asbestos exposure can result in development of pulmonary disorders. Defendant would defer to the reason, judgment, and opinions of its medical expert witnesses on all such questions of human diseases, their causes, and diagnosis. Subject to and without waiving these objections. Defendant generally has learned that inhalation of asbestos fibers is associated with increased risk of health hazards for some people. The specifics of exactly how or when Reynolds personnel acquired such knowledge dr awareness is not presently known. Such information may have come from reading government publications, or other published written materials and publications such as medical journals or industrial hygiene journals. In addition, see response to Request for Production No. 2. 13 INTERROGATORY NO. 12: As to the disease mesothelioma, state: A. The date on which Defendant or its subsidiary or predecessor first learned such disease was caused by inhalation of asbestos fibers by humans. B. The date on which Defendant first suspected that mesothelioma was caused by inhalation of asbestos dust and fibers. C. How Defendant or its subsidiary or predecessor became aware of the disease and that it was caused by exposure to asbestos. D. Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. E. What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. F. Whether any such information is still maintained by Defendants or its subsidiary or predecessor in a written form. G. Who is the custodian of such information. H. Whether Defendant agrees that there is no known medical cure for mesothelioma. ANSWER: In addition to prior objections. Defendant objects to this interrogatory because of the argumentative, categorical manner in which it is phrased. Defendant objects to the lack of foundation to die extent the interrogatory implies that all levels of asbestos exposure can result in development of pulmonary disorders. Defendant would defer to the reason, judgment, and opinions of its medical expert witnesses on all such questions of human diseases, their causes, and diagnosis. Subject to and without waiving these objections. Defendant generally has learned that inhalation of asbestos fibers is associated with increased risk of health hazards for some people. The specifics of exactly how or when Reynolds personnel acquired such knowledge or awareness is not presently known. Such information may have come from reading government publications, or other published written materials and publications such as medical journals or industrial hygiene journals. In addition, see response to Request for Production No. 2. 14 INTERROGATORY NO. 13: At any time, has any person filed a claim against Defendant or Defendant's Worker's Compensation carrier covering Defendant or any of its subsidiaries or predecessors alleging that he/she contracted a disease from inhaling asbestos fibers? If so, provide: A. A list of die claims, including each claimant's name, address and the date each claim was filed, and including die caption and jurisdiction of die claim and the plant or industrial facility where the inhalation/ exposure took place. B. The disease alleged in each such claim. C. A brief summary of the disposition of each such claim. D. The name, address and tide of the person having custody of the records pertaining to each such claim. ANSWER: In addition to prior objections. Defendant objects to Interrogatory No. 13 to die extent it calls for information protected by die attorney-client privilege, work product privilege, party communication privilege and investigative privilege, or is gathered in anticipation of litigation. 15 INTERROGATORY NO. 14: Did Defendant or any of its subsidiaries or predecessors maintain written minutes of corporate meetings, either board of directors, departmental, or otherwise, which reflect discussions pertaining to any subject matter related to asbestos, asbestos health hazards or asbestos products? If so, for each such set of minutes, state: A. The dates of each such meeting. B. The general subject matter discussed at each meeting. C. Who was in attendance at each meeting. D. Where and by whom die written minutes are presently maintained. E. By whom the minutes were taken and put into final format. F. Whether the minutes were abstracted and reports disseminated to other individuals, and if so, die names and job tides of those individuals. ANSWER: In addition to prior objections. Defendant objects to this interrogatory as being overly broad, unduly burdensome, vague, and ambiguous. The interrogatory is not limited in time or scope, and to require the disclosure of all information listed in items A. through F. of Interrogatory No. 14 would be unduly burdensome and cannot be done without extraordinary and unnecessary expense. Without waiving these objections, yes. See documents produced in responses to Requests for Production. 16 INTERROGATORY NO. 15: State whether you or any of your predecessors and/or subsidiaries maintain, from 1960 through die present or for any portion thereof, copies of invoices, shipping receipts, bills of lading, purchase orders, or other documents of a similar nature relating to the purchase or acquisition of asbestos-containing products for use at die Corpus Christi/Nueces County plant. If so, state: A. The location of such documents. B. The name and address of die custodian of die documents. C. The format in which the documents are kept, Le^ hard copy, microfilm, microfiche, etc. D. In what form the documents can be accessed, i.e.. by plant, by product type, etc. ANSWER: Subject to prior objections, yes. A. The Sherwin Alumina Plant Purchasing Department and San Patricio Administrative Building maintains these records going back to the year 1987. B. Frank Strickland, Sherwin Alumina Plant, Highway 361, Gregory, Texas 78359. C. The documents are purchase orders kept in hard copy. D. The documents are kept in alphabetical order and are not organized or maintained by product type or content. 17 INTERROGATORY NO. 16: Does Defendant intend to call company representatives as witnesses at the trial of any of this case? If so, list: A. The name, address, and job title of each company representative who may be called. B. A summary of the testimony expected to be given by each such witness. C. List any and all previous times that the named witnesses have either given deposition or trial testimony in an asbestos-related case, including the jurisdiction, style of the case, case number, date of testimony, and die name of the attorney taking the deposition for the Plaintiffs in that case. ANSWER: See prior objections. INTERROGATORY NO. 17: Did you or your subsidiaries or predecessor(s) ever arrange for any labor inspectors, insurance company inspectors or anyone from your company to go to any of your plants where asbestos-containing products were being used or installed to make or take dust level counts? If so, state when this procedure was done, the purpose of such procedures, and all results of such procedures. ANSWER: Subject to prior objections, yes. Defendant has located documentation from at least some of the dust level counts, and the information requested in this interrogatory can be found in die documents produced in response to Request for Production No. 23. 18 INTERROGATORY NO. 18: Does your company have, or has it ever had, or have your predecessor(s) or subsidiaries ever had, a Medical Department? If so, state: A. The year such Medical Department was established; B. Whether or not such Medical Department has operated continuously since being established; C. The name of each director, chief, or head of your Medical Department year by year, beginning with the first year you had a Medical Director or Medical Department, and die last known address and phone number of each; D. State die duties and responsibilities of such Medical Department. ANSWER: Subject to prior objections, yes. A. 1958. B. Yes. C. See answer to Interrogatory No. 5. D. (i) To make available clinical services for local Richmond headquarters employees (ii) To provide advice and guidance to the corporation on medical issues. 19 INTERROGATORY NO. 19: Does your company have, or has it ever had, or have your predecessor(s) or subsidiaries ever had, a Safety Department? If so, state> A. The year such Safety Department was established; B. Whether or not such Safety Department has operated continuously since being established; C. The name of each director, chief, or head of your Safety Department year by year, beginning with the first year you had a Safety Director or Safety Department, and the last known address and phone number of each; D. State die duties and responsibilities of such Safety Department. ANSWER: Subject to prior objections, yes. A. 1945. B. Yes. C. Joseph Nichols, 11801 South Downs Drive, Richmond, Virginia 23233 (1945-1973) Bobby J. Sasser, 6601 West Broad Street, Richmond, Virginia 23230 (1973-present) D. The corporate safety department develops and directs die implementation of company policies for industrial and transportation safety; ensures compliance with corporate safety policies and federal and state safety regulations; evaluates new plants and equipment; identifies accident trends and informs various levels of management about plant and corporate safety performance; coordinates OSHA activity, conducts safety training, and coordinates loss prevention activities of casualty insurance company. 20 INTERROGATORY NO. 20: State in detail what tests, if any. Defendant ever made with regard to the quantity, quality, or threshold limit values of asbestos dust or particles to which workers were exposed while using, working with or around, or installing asbestos-containing products in any of your plants or industrial facilities. ANSWER: Subject to prior objections, see documents provided pursuant to Request for Production Nos. 23 and 24. INTERROGATORY NO. 21: Please state the following with respect to each expert witness that you may call during trial of these cases. Please designate with specificity the expert witnesses that you will call, including: A. The name, address, and job classification of each such expert witness; B. The subject matter on which the expert is expected to testify; C. The substance of the facts and opinions to which die expert is expected to testify and a summary of the grounds for each opinion; D. Whether any person identified in subparagraph (a) above has provided a report or other documentation to you, and if so, identify each such document or report; E. Identify all documents that you have provided to each person identified in response to subparagraph (a) above; F. Describe in detail the education and work history of, and identify any books, treatises, articles, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to subparagraph (a) above. Alternatively, in lieu of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answers. 21 ANSWER: In addition to prior objections. Defendant objects to this interrogatory to the extent it calls for information protected by the attorney-client and attorney work product privileges. Defendant also objects to this interrogatory as exceeding die permissible number of interrogatories as provided for pursuant to Rule 168(5) of the Texas Rules of Civil Procedure. Defendant also objects having to provide die information requested in items C, D, E, and F as being overly broad, unduly burdensome, going beyond the scope of Rule 168 of the Texas Rules of Civil Procedure. Subject to these objections: Dr. Woolson W. Doane Corporate Medical Director (1993-present) Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 Dr. Harry R. Bratt Sherwin Alumina Plant Medical Director (1971-1975) Dr. Wendell Roberts Sherwin Alumina Plant Medical Director (1993-present) 620 West Johnson Avenue Aransas Pass, TX Dr. E. Claiborne Irby Reynolds Metals Company Associate Corporate Medical Director (1959-1977) Reynolds Metals Company Corporate Medical Director (1977-1992) 11-1/2 Tapoan Road Richmond, VA 23226 Dr. James MacMillan Reynolds Metals Company Medical Director (1956-1977) 306 Gunby Drive Richmond, VA Dr. David Warren Acting Medical Director (1992-1993) 8705 Tarrytown Drive Richmond, VA 22 Bobby J. Sasser Corporate Safety Director 6601 West Broad Street Richmond, Virginia 23230 (804) 281-3600 C. Arlon Boatman Health & Safety Manager, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Homer M. Cole, Corporate Director, Industrial Hygiene and Toxicology Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 Stan Milsap ProActive Safety Consultant Company 518 Enterprise Parkway Corpus Christi, Texas 78405 512/289-7291 Joseph Nichols 11801 South Downs Drive Richmond, VA 23233 23 INTERROGATORY NO. 22: Please state the name, present address and present telephone number, along with the experience and qualifications, if applicable, of each and every person, known to Defendant or to Defendant's agents, having knowledge of facts relevant to this case involving, but not limited to: A. identification of asbestos-containing products or type of products to which Decedent was exposed or facts disputing die identification of asbestos-containing products or type of product in this case. B. Plaintiffs damages, injuries and/or facts disputing Plaintiffs alleged damages and/or injuries; C. the negligence of any person or entity other than Defendant which Defendant contends was a cause of each and every individual Plaintiffs, separate and distinct from all other Plaintiffs within die group, alleged injuries and/or damages; D. each of Defendant's defenses enumerated in Defendant's most recendy filed Answer. ANSWER: Subject to prior objections, see Exhibit "A." INTERROGATORY NO. 23: Please identify documents which will be used at time of trial, (Exhibit List, Deposition List), which are relevant to each of Defendant's enumerated defenses in Defendant's last filed Answer. ANSWER: See prior objections. 24 INTERROGATORY NO. 24: State the name, address, job title, and length of time employed of each and every individual employed at any time at your Corpus Christi/Nueces County plant who has made or presented a Worker's Compensation or other claim for personal injury and/or death resulting from inhalation of, or exposure to, industrial dust or other contaminants, including but not limited to asbestos. ANSWER: In addition to prior objections. Defendant objects to Interrogatory No. 24 to the extent it calls for information protected by die attorney-client, work product, party communication, and investigative privileges. INTERROGATORY NO. 25: Please state whether Defendant has at any time provided safety equipment at die Corpus Christi/Nueces County plant for workers' protection against the inhalation of asbestos disease or the dangers of asbestos fibers, including but not limited to masks, respirators, other breathing devices, protective clothing, protective gloves, etc. For each such item of equipment, please indicate when such was first provided to your workers at the Corpus Christi/Nueces County plant, under what circumstances such were provided, and die name, address and telephone number of the person most knowledgeable concerning such provision. ANSWER: Subject to prior objections, yes. Although information is incomplete at this time, Defendant first instituted safety equipment in die 1960s. Depending on the location in die plant and the activities of die employee, masks, respirators, protective clothing, and/or other protective gear were provided. Arlon Boatman, Health & Safety Manager, Sherwin Alumina Plant, Post Office Box 9911, Highway 361, Gregory, Texas 78469, (512) 777-2256, would be one person knowledgeable of the safety equipment provided at the Sherwin Alumina Plant. In addition, see all' individuals listed in Exhibit "A." In addition, see deposition testimony of Reynolds Metals employees. 25 INTERROGATORY NO. 26: Please state die precise State and/or Federal regulations, laws, statutes, or other authority pertaining to industrial hygiene or worker safety and health that governed, controlled and/or were applicable to asbestos exposure in your operations at the Corpus Christi/Nueces County plant during the past thirty years. ANSWER: See prior objections. INTERROGATORY NO. 27: Please describe each and every occasion during die past thirty years when any regulatory agency or other governing body inspected die Corpus Christi/Nueces County plant for the purpose of ascertaining whether health and safety regulations were being followed or adhered to, including the date of such inspection and/or meeting, the results, and whether a written report was produced. ANSWER: In addition to prior objections. Defendant objects to this interrogatory as being overly broad, unduly burdensome, irrelevant and not reasonably calculated to lead to die discovery of admissible evidence to the extent it is not limited to die Sherwin Alumina Plant where Plaintiff worked. Subject to these objections. Defendant does not have records of each and every occasion when a regulatory agency inspected the Sherwin Plant. Copies of documents in possession of Defendant are produced in response to Request for Production No. 5. 26 INTERROGATORY NO. 28: Please state whether any asbestos products in place or in use at your Corpus Christi/Nueces County plant has been removed or abated at any time from 1965 to the present. If so, please answer die following: A. List each and every abatement company or other contractor involved with the removal of asbestos, including address and telephone number, dates of such removal, and whether a contract for such removal exists. B. Indicate die total amount in dollars spent by Defendant to abate or remove asbestos from your Corpus Chrisd/ Nueces County facility. C. State whether any "removal plan" or organized written criteria or other document related to asbestos removal at the Corpus Christi/Nueces County plant was ever prepared by Defendant. D. State whether corporate documents discussing or relating generally to the removal of asbestos are in existence and/if so, where they are maintained. ANSWER: Subject to prior objections, yes. A. The following contractors have existing contracts for removal of asbestos: Service Environmental Co. Post Office Box 2355 Beaumont, TX 77704 (713) 471-6601 September 1993-present Industrial Specialist Tnr. Post Office Box 1630 Lake Jackson, TX 77569 (713) 482-2181 1989-present 27 The following contractors have removed asbestos at this plant, but do not have existing contracts: Estes Refractory & Insulation 6300 Highway 70 N. Post Office Box 600 Belle Rose, LA 70544 (512) 874-5127 1993 TGI Stephens 777 N. Eldrige, Suite 315 Houston, TX 77079 (713) 870-9666 August 1991-August 1992 Thermo Tech Inc. Post Office Box 3109 Orange, TX 77631 (409) 883-4344 Gilman Insulation Co. Inc. Post Office Box 4074 Corpus Christi, TX 78469 (512) 884-4906 1989-1990 Falcon Associates Post Office Box 7777 Philadelphia, PA 19175 (215) 785-1260 1992 Brand Remediation Services Inc. 1914 Austin Street Orange, TX 77630 Northwinds Abatement Inc. 903 Port Houston Street Houston, TX 77029 (713) 671-5350 August 1994 28 Casanova Industrial Insulation Post Office Box 4761 Corpus Christi, TX 78408 (512) 853-1024 B. Approximately $7,800,000. C. Yes. D. Yes. Reynolds Metals Company, Richmond, Virginia and Gregory, Texas. INTERROGATORY NO. 29: Please state whether a medical monitoring program, medical examination program or other medical surveillance was provided to your employees at the Corpus Christi/Nueces County plant and specifically to Decedent. If so, please indicate what records of such program, examination or surveillance concerning Decedent exist at this time, including but not limited to reports, x-rays, medical notes and/or descriptions of any kind. ANSWER: Yes. As die records relate to decedent. Defendant has records identifying decedent as a participant in the monitoring program, including participation in the pulmonary function testing program. See documents produced in response to Request for Production No. 10. INTERROGATORY NO. 30: Please state whether written warnings were placed at any locations adjacent or near asbestos in place at your Corpus Christi/Nueces County plant anytime from 1965 to the present. If so, please describe with specificity such signs, including size, color, wording, etc. Additionally, please state the number of such signs that were installed at your Corpus Christi/Nueces County plant and indicate die specific location of each such sign and the dates such sign was located at that location. ANSWER: Subject to prior objections, yes. Written warning signs are posted where asbestos is being removed from the Sherwin Alumina Plant. In addition, see deposition testimony of Reynolds Metals Company employees regarding the presence of warning signs at other locations. 29 EXHIBIT "A" Dr. Charles D. Dixon Sherwin Alumina Plant Medical Director (1954) Deceased Dr. Draper Sherwin Alumina Plant Medical Director (19? - 1971) Deceased Dr. Harry R. Bratt Sherwin Alumina Plant Medical Director (1971-1975) Dr. Robert Dale Gamble Sherwin Alumina Plant Medical Director (1975-1989) 5301 St. Andrew Corpus Christi, TX 78413 Dr. John Frandolig Sherwin Alumina Plant Medical Director (1989-1991) RR 1, Box 358 Lake Geneva, WI 53147 Dr. Guy Racette Sherwin Alumina Plant Medical Director (1991-1993) 8122 Deck Street Corpus Christi, TX 78412 Dr. Wendell Roberts Sherwin Alumina Plant Medical Director (1993-present) 620 West Johnson Avenue Aransas Pass, TX Dr. James MacMillan Reynolds Metals Company Medical Director (1956-1977) 306 Gunby Drive Richmond, VA Dr. E. Claiborne Irby Reynolds Metals Company Associate Corporate Medical Director (1959-1977) Reynolds Metals Company Corporate Medical Director (1977-1992) 11-1/2 Tapoan Road Richmond, VA 23226 l Dr. David Warren Acting Medical Director (1992-1993) 8705 Tarrytown Drive Richmond, VA Dr. Woolson W. Doane Corporate Medical Director (1993-present) Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 Homer M. Cole, Corporate Director, Industrial Hygiene and Toxicology Ronald Benton, Manager, Industrial Hygiene Field Operations and Technical Services Linda Maillet, Regional Industrial Hygienist, Eastern Region Laurie Shelby, Manager, Industrial Hygiene Programs Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 James D. Davison, former Staff Industrial Hygienist Shell Oil Company Post Office Box 4320 Houston, TX 77210 Stacey Hansen, former Staff Industrial Hygienist 2116 Lennox Road Richmond, VA D. R. Hudgins, former Staff Industrial Hygienist 1237 Fountain Road Newtown, PA 18940 Edward J. Largent, retired from Industrial Hygiene Department 30 Kay Place Nash, TX 75569 Richard Mansur, retired from Industrial Hygiene Department 1416 Coronet Drive Richmond, VA Dale Prokopchak, former Staff Industrial Hygienist Environmental Technology 3705 Saunders Avenue Richmond, VA 23227 2 H. L. Skalsky Dames and Moore 3 Corporate Park Suite 300 Irvine, CA 92714 Karen Kestle Senior Insurance Administrator 6601 West Broad Street Richmond, Virginia 23230 (804) 281-2988 Woolson W. Doane, M.D. Corporate Medical Director 6601 West Broad Street Richmond, Virginia 23230 (804) 281-2773 Bobby J. Sasser Corporate Safety Director 6601 West Broad Street Richmond, Virginia 23230 (804) 281-3600 C. Arlon Boatman Health & Safety Manager, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Homer M. Cole Corporate Director, Industrial Hygiene and Toxicology 6601 West Broad Street Richmond, Virginia 23230 (804) 281-3506 Terry N. Roubidoux Safety Coordinator, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 2 Danis Cheaney Workers' Compensation Clerk, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 William E. Hamblin Sr. Maintenance Engineer, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Deloris Ulke Plant Nurse, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Tim Woods Plant Controller, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 C. R. Marsh Purchasing Agent, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Dorothy Withers Secretary to Purchasing Manager, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 4 Frank Strickland Purchasing Manager, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 D. T. Greeson Purchasing Agent, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Jim Tiffany Senior Engineering Supervisor, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Jack C. Oates Senior Engineering Supervisor, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Howard Lee Grote Maintenance Engineer, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Jesse Castillo Draftsman, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 . 5 Edward S. Peterson, Jr. Senior Project Engineer, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 T. J. Mueller, Jr. Sr. Electrical Engineer, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Paul Matula Designer, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 George D. DeAlcala Electrical Engineer, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Charles D. Taylor Corrosion Control Supervisor, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Audelia T. Rodriguez Secretary to Plant Engineer, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 6 Hector DeLaGarza Chemical Products Shipping & Inventory Control Supervisor, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Adan J. Villarreal Cost Accountant, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Lester Charles Homan Senior Accountant, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Nelda Salinas Accounts Payable Clerk, Sherwin Alumina Plant Post Office Box 9911 Highway 361 Gregory, Texas 78469 (512) 777-2256 Stan Milsap ProActive Safety Consultant Company 518 Enterprize Parkway Corpus Christi, Texas 78405 512/289-7291 Joseph Nichols 11801 South Downs Drive Richmond, VA 23233 Service Environmental Co. Post Office Box 2355 Beaumont, TX 77704 (713) 471-6601 7