Document 1QkEmV7JDwkqmG0O4ZKGzJ7MZ

John g. Ditto (CSBN; 086244) CROSBY, HEAFEY, ROACH & MAY Professional Corporation 1999 Harrison Street Oakland, CA 94612 (510) 763-2000 Attorneys for Defendant Chrysler Corporation PARA AMT) OTHER AVTY__ C-A5S____ FILE ' KijSQfi(V;O FEB 2 5 1998 BRAYTON rtARLEY CURTIS HAND _ OVERNIGHT _ MAIL SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO IN RE COMPLEX ASBESTOS LITIGATION, No. 828684 DEFENDANT CHRYSLER CORPORATION ANSWERS TO SAN FRANCISCO SUPERIOR COURT GENERAL ORDER NO. 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS J Propounding Parties: Responding Party; Set No.; Plaintiffs Defendant Chrysler Corporation General Order No. 129 Standard Interrogatories to Friction Defendants GENERAL STATEMENT Defendant, Chrysler Corporation (hereinafter, "Chrysler"), has provided responses to Plaintiffs Standard Interrogatories to Friction Defendants pursuant to General Order No. 129 in the California Superior Court, City and County of San Francisco and pursuant to a reasonable and duly diligent investigation and search 1 MAR. 1 3.2003 KAZAN, MCCLAIN ETAL NO. 820 1 P.3 CROS6V, -EY. ROACH & MAY PROFESSIONAL CORPCRATTON 1 for information requested during the time period of 1930 to 1985. The responses 2 are given without prejudice to further discovery. 3 These responses are based upon facts known or believed by Chrysler at the 4 time of answering these discovery requests. Much of the information requested 5 dates back many years and is difficult or impossible to reconstruct or retrieve. 6 Thousands of employees have worked at Chrysler over the years and, in 7 conducting business, Chrysler has created millions of documents kept in numerous 8 geographic locations that have been moved as required. Accordingly, Chrysler 9 cannot represent that the responses contained herein provide all information 10 requested; rather these responses reflect information obtained before this date by 11 Chrysler pursuant to a reasonable and duly diligent search and investigation in 12 those areas where this information was expected to be found. To the extent that 13 a given request may be construed to require more, Chrysler states that compliance 14 with a request so construed is not feasible, would impose an undue burden and 15 expense and is not required under the California Code of Civil Procedure. 16 Since, to Chrysler* s knowledge, chrysotile is the only type of asbestos used 17 in the brakes and clutches of vehicles manufactured and distributed by Chrysler, 18 Chrysler interprets the term "ASBESTOS CONTAINING FRICTION PRODUCTS" as 19 used in these interrogatories to be limited to chrysotile brake linings, brake pads, 20 clutches, clutch discs, clutch facings and linings, hereafter referred to as asbestos 21 containing automotive brake and/or clutch parts. 22 Pursuant to General Order No, 129, Chrysler provides the information in 23 these responses solely for the purpose of litigation in the California Superior Court, 24 City and County of San Francisco. 25 26 27 28 2 MAR. 1 3. 2003 9:34PM KAZAN, MCCLAIN ETAL NO. 8201 P.4 PROFESSIONAL CORPORATION 'E Y , ROACH 4 MAY 1 INTERROGATORIES 1 1. IDENTIFY the individual verifying these answers on YOUR behalf. 3 ANSWER; 4 Please see verification. 5 6 2, State the date of first employment with YOU and the dates and titles 7 of each job position the person who verified these interrogatories has held while 8 employed by YOU. 9 ANSWER: 10 The responses to these interrogatories are corporate responses, prepared with the assistance of counsel and based on a variety of sources, including U documents and personal recollections. The person signing these responses on behalf of Chrysler is a person authorized by the corporation to subscribe 12 to the responses on its behalf. A Curriculum Vitae can be made available on reasonable request. 13 14 3. State whether or not YOU are a corporation and, if so, state: 15 A. B. 16 C. D. 17 E. 18 F, 19 20 G. 21 ANSWER: YOUR correct corporate name; YOUR state of incorporation; The date of YOUR incorporation; The address of YOUR principal place of business; Whether or not YOU have ever held a certificate of authority to do business in the State of California and, if so, the inclusive dates of any certificate; If YOU are wholly owned or the majority interest of YOUR COMPANY is owned by another business entity, state the entity's name and principal place of business; Whether YOU have any business offices in California and, if so, YOUR principal place of business in California, 22 Chrysler is a corporation, 23 A. Chrysler Corporation. B. Delaware. 24 C. 1925. D. TOGO Chrysler Drive,Auburn Hills, Ml 48236-2766 25 E. Chrysler Corporation has held a certificate of authority to do business sinceOctober 10,1928. 26 F. Not applicable. G. Chrysler maintains places of business in California, but there is 27 no one place that is Chrysler's principal place of business in California. 28 3 CROSBY. PROFESSIONAL CORPORATION -EY. ROACH & MAY MAR. 13.2003 1 As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating to the, formation of THIS DEFENDANT, all 2 minutes of partners', general partners', or other owners* ' meetings and all DOCUMENTS relating to THIS DEFENDANT'S 3 merger with, acquisition of or purchase or sale of or bv any other COMPANY. 4 ANSWEEl 5 Not applicable. 6 7 9. IDENTIFY YOUR custodian of Business Records, S ANfflMEB; 9 Chrysler corporation does not have a single custodian of its business records. 10 Under current corporate policy, Chrysler's business records are generally in the custody of the department which generates the records. n 12 1Q. IDENTIFY the person or persons most knowledgeable about: 13 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS' 14 CONTAINING FRICTION PRODUCTS; B. YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING 15 FRICTION PRODUCTS; C. YOUR contracting with others to do work involving use or 16 handling of RAW ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS. 17 ANSWER: IS A. With respect to automotive brake parts, James Knoll is 19 knowledgeable. With respect to automotive clutch parts, John Koepele is knowledgeable. 20 B. With respect to automotive brake parts, James Knoll is knowledgeable. With respect to automotive clutch parts, John 21 Koepele is knowledgeable. C. Not applicable. 22 23 11. For DEFENDANTS involved in the MARKETING of ASBESTOS' 24 CONTAINING FRICTION PRODUCTS, state the IDENTITY of physicians, medical 25 directors and/or industrial hygienists employed by THIS DEFENDANT. All other 26 DEFENDANTS need only respond as to medical directors and/or industrial 27 hygienists or physicians employed in the area of employee health and safety. 28 5 CROSBY, MAR, 13. 2003 PROFESSIONAL CORPORATION EY. ROACH & MAY 1 PREMISES owners and domestic corporations need only respond as to the United 2 States only. 3 ANSWER; 4 Chrysler's Director of Occupational Health and Safety is J. E. Thomas. Chrysler's Director of Industrial Hygiene is Louis P. Gendernalik. 5 12. Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf of THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, wherein the plaintiff has alleged an asbestos-related injury? If so, for each such third-party case please state: 10 A. The caption and case number; B. The court filing including state and county; 11 C. The date of deposition or trial testimony; D. The name and address of plaintiff's counsel of record; 12 E. The name and address of the court reporter. 13 ANSWER; 14 Yes. Chrysler CBn provide the following information: 15 NAME. CASE STATE ..CASE NO./DATE RPTR, 16 Peter Heckman 17 James Knoll 18 Monohen Vaughn CA. MO. CV-Q86275 3/29/94 92-1655-CIA) 12/8/93 Wm, Rittlnger 19 James Knoll 20 James Knoll 21 Horn Webb WA, Ml. 80-2-90935-3 6/15/84 Jo Anne Kippert 85-514-689-NR 6/29/87 Rene Twedt 22 James Knoll 23 James Knoll 24 Coates NJ, Marcinowski PA. L-095051-B5 9/14/88 5B-7410 4/26/91 Leslie Geiser Jeanne HoytChristian 25 James Knoll Grewe 26 Gerald Saitelmeler Boatnar 27 MD. f Ml. 93167501 3/19/96 04-410-B52-NP 7/15/86 Bess Avery Ramon Jones 28 6 CROSBY, I ) :35PM KAZAN, MCCLAIN ETAL NO. 820 1 P. 1 Gerald Sattelmeier Coates 2 Jack Koblin 3 Coates 4 Paul Kelly, Jr. Coates 5 Paul Kelly, Jr. 6 Becker 7 NJ. NJ. NJ. NJ. L-095651-fls 5/9/69 L-095651-85 6/14/86 L-095651-85 6/14/B8 L-91267-85 6/15/88 Lisa Traylor Marc Brody Merc Brody Alena Lynch 8 13. For each of the following, please state whether THIS DEFENDANT has 9 ever been a member or paid dues for any representative of THIS DEFENDANT to 10 be a member of the following (please answer to the present): n A. American Conference of Governmental Industrial Hygienists; B. American Industrial Hygiene Association; 12 C. American Petroleum Institute; D. American Railroad Association; 13 E. Asbestos Cement Producers Association; F. Asbestos Information Association (AIA); 14 G. Asbestos Information Association/North America (AIA/NA); 15 H. Asbestos Textile Institute (ATI); I. Industrial Hygiene Foundation and/or Industrial 161 Health Foundation (IMF); J. Industrial Mineral Insulation Manufacturers 17 Institute; K. Magnesia Insulation Manufacturers' Association; IS L. Magnesia Silica Insulation Manufacturers' Association; 19 M. Mineral Wool Institute; N. National Insulation Manufacturers Association (NiMA); 20 O. National Safety Council; P. New York Academy of Sciences; 21 Q. Quebec Asbestos Mining Association (QAMA); R. Refractories Institute; 22 S. Safe Building Alliance; T. Thermal Insulation Manufacturers Association (TIMA); 23 U. U.S. Maritime Commission; V. IDENTIFY any other organizations, associations or group of 24 manufacturers, miners, distributors, importers, labelers, suppliers and/or sellers of RAW ASBESTOS and/or ASBESTOS- 25 CONTAINING FRICTION PRODUCTS of which THIS DEFENDANT was a member; 26 W. IDENTIFY any such representative of THIS DEFENDANT. 27 2S 7 1 ANSWFR: 2 Chrysler has no central listing of organizations which Chrysler and/or Chrysler employees were members of from 1930 to the present, Based upon 3 information known to date, however, Chrysler answers as follows: 4 A. Not to Chrysler's present knowledge. B. Yes. 5 C. Not to Chrysler's present knowledge. D. Not to Chrysler's present knowledge. 6 E. Not to Chrysler's present knowledge. F. Not to Chrysler's present knowledge. 7 G. Not to Chrysler's present knowledge. H. Not to Chrysler's present knowledge. 8 I. Yes, J. Not to Chrysler's present knowledge. 9 K. Not to Chrysler's present knowledge, L. Not to Chrysler's present knowledge. 10 M. Not to Chrysler's present knowledge. N. Not to Chrysler's present knowledge. 11 O. Yes. P. Not to Chrysler's present knowledge, 12 Q. Not to Chrysler's present knowledge, fl. Not to Chrysler's present knowledge. 13 S. Not to Chrysler's present knowledge. T. Not to Chrysler's present knowledge. 14 U. Not to Chrysler's present knowledge. V. Friction Material Standards Institute. 15 W. Chrysler believes that a representative to the Friction Materials Standards Institute in 1965 was K. L. Hasselkus. Chrysler has 16 not located company records indicating representatives to other organizations during the period at issue, if any, 17 18 14. For each organization, association or other entity identified in YOUR 19 response to Interrogatory No. 13, please state: 20 A. B. 21 C. 22 23 ANSWFR: The dates during which THIS DEFENDANT was a member: The name(s) of any publication(s) received by THIS DEFENDANT from such association or organization; The name of any committee or subcommittee of which THIS DEFENDANT was a member and the dates of such committee or subcommittee membership. 24 A. Chrysler's membership in the American Industrial Hygiene Association dates from that organization's founding in the 25 1930s. Membership in the Industrial Hygiene Foundation is believed to have been from 1965 until 1970. National Safety 26 Council membership is believed to have been from 1974 until 1978. Individual Chrysler employees have also held 27 memberships in this organization at various times. Membership in the Friction Materials Standards Institute is believed to have 28 been from circa 1965 to circa 1973. 8 9:36PM KAZAN, MCCLAIN ETAL I B- Chrysler or its employees may have, at various times, received the Journal of the American.Council of Governmental Industrial 2 Hygienists and the Journal of the American Industrial Hygiene Association, Other publications received by Chrysler or its 3 employees may have included general mailings from the Asbestos Information Association, publications of the National 4 Institutes of Safety and Health (NIOSH), materials from the Industrial Health Foundation, catalogs from the Friction 5 Materials Standards Institute and the Journal of Occupational Medicine. 6 C. Unknown at this time. 7 8 15. Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 9 containing results or conclusions of any studies and/or tests conducted by Bonsib 10 for Standard Oil of New Jersey relating to asbestos exposure in the workplace or 11 the human health consequences of exposure to asbestos? If so; 12 A. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 13 subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 14 made the subject of a request for production of documents. B. State the date upon which THIS DEFENDANT first received such 15 DOCUMENTS; C. State the IDENTITY of the custodian of such DOCUMENTS; 10 D. This interrogatory does Dfll apply to DOCUMENTS contained in a library maintained by a DEFENDANT hospital or a 17 DEFENDANT'S library providing access to the general public. IS ANSWER; ,, 19 Chrysler has not located any corporate records, and believes none exist, as to any studies or tests concerning asbestos exposure conducted by Bonsib 20 for Standard Oil of New Jersey. 21 22 16. Had THIS DEFENDANT prior to 1973 received a copy or any portion of 23 any studies and/or tests conducted by any insurance company, including but not 24 limited to Metropolitan Life Insurance Company and Aetna Insurance relating to 25 asbestos exposure In the workplace or the human health consequences of 26 exposure to asbestos? If so: 27 A. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 28 subparts to YOUR answers to these interrogatories, or describe 9 9:36PM KAZAN, MCCLAIN ETAL 8201 P.10 1 such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents; 2 B. State the date upon which THIS DEFENDANT first received such DOCUMENTS; 3 C. State the identity of the custodian of such DOCUMENTS. D. This interrogatory does ofll apply to DOCUMENTS contained in 4 a library maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the general public. 5 ANSWER; 6 Chrysler has not located any corporate records, and believes none exist, as 7 to any studies or tests concerning asbestos exposure conducted by any insurance company, including the Metropolitan Life Insurance Company and 8 Aetna Insurance. 9 17. Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 10 containing results or conclusions of any studies and/or tests conducted by any 11 laboratory, including but not limited to the Sacranac Laboratory relating to 12 asbestos exposure in the workplace or the human health consequences of 13 exposure to asbestos? If so: 14 A. Either attach all DOCUMENTS or disks containing such data, 15 evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or describe 16 such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents: 17 B. State the date upon which THIS DEFENDANT first received such DOCUMENTS; 18 C. State the IDENTITY of the custodian of such DOCUMENTS; D. This interrogatory does not apply to DOCUMENTS contained in 19 a library maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the general public. 20 ANSWER: 21 Chrysler has not located any corporate records, and believes none exist, as 22 to any studies or tests concerning asbestos exposure conducted by the Saranac Laboratory. 23 24 18. State whether THIS DEFENDANT has ever maintained a library (or 25 libraries) which contains books, articles, periodicals, journals and/or reference 26 materials that relate to the subjects of asbestos, industrial hygiene, medicine, 27 safety, and/or occupational disease. If so, state: 28 10 MAR. 13 2003 9:36PM KAZAN, MCCLAIN ETAL NO. 8201 P. 11 PR O FESSIO N AL CORPORATION EY, ROACH & MAY 1 A. B. 2 C. 3 ANSWER: The date each such library was established; ' The location of each such library; The IDENTITY of each librarian or other person in charge of such library. 4 The industrial hygiene department, the engineering department, the medical department and other departments at Chrysler have maintained reference 5 libraries in a variety of locations. Chrysler does not maintain a library solely related to asbestos, although certain literature maintained in these 6 departments may relate to asbestos. 7 A. Chrysler has not located records sufficient to identify when each of these libraries was established. 8 B. The industrial hygiene department, the engineering department, the medical department and other departments at Chrysler have 9 maintained reference libraries in a variety of locations. Chrysler currently maintains a technical library at the Chrysler 10 Technological Center in Auburn Hills, Michigan. C. Chrysler has not located records sufficient to identify each 11 librarian or other person in charge of the various departmental libraries. The person currently in charge of Chrysler's technical 12 library in Auburn Hills, Michigan, is Barbara M. Fronczak. 13 14 19. With the exception of OSHA compliance, had THIS DEFENDANT prior 15 to 1980 exchanged DOCUMENTS or communicated with any individual or other 16 COMPANY expressly regarding the results of tests and/or studies relating to 17 asbestos exposure in the workplace or the human health consequences of 18 exposure to asbestos? If so, state: t i9 r A. 20 B. C. 21 ANSWER; Each individual or COMPANY with whom the information was exchanged or to whom it was communicated; The date(s) of any such exchanges or communications; The IDENTITY of the custodian of such documents, 22 Chrysler has not located any records indicating that it sent to or received from other entities any communications "expressly regarding the results of 23 tests and/or studies relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos". 24 25 20. Has any employee or designee of THIS DEFENDANT testified on behalf 26 of THIS DEFENDANT before the Occupational Safety and Health Administration, 27 the National Institute of Occupational Health and Safety or any committee or 28 subcommittee of the United States Congress relating to asbestos exposure in the 11 CROSBY, l 9:37PM KAZAN, MCCLAIN ETAL P. 12 1 workplace or the human health consequences of exposure to asbestos? If so, 2 please state: 3 A. B. 4 C. D. 5 E. 6 7 ANSWER: The entity before whom such testimony was given; The date(s) and location of such testimony; The IDENTITY of the individual(s) who so testified; Whether any DOCUMENTS were presented to the entity before which testimony was given; Whether copies of DOCUMENTS presented were retained by THIS DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS. s Chrysler has not located any records and is otherwise not aware of any testimony such as described in this interrogatory. 9 10 21. Has THIS DEFENDANT conducted or Caused to be conducted, tests 11 and/or studies of ambient asbestos dust created during the manufacture, 12 processing and/or assembling for sale of ASBESTOS-CONTAINING FRICTION 13 PRODUCTS? If so, state: 14 A. 15 B. C. 16 D. 17 E. IS ANSWER: Each manufacturing facility, including location and address, at which any such test and/or study was conducted; The date of each such test and/or study; The individual(s) or entity conducting each such test and/or study; Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such study; The IDENTITY of the custodian of such DOCUMENTS, 19 Chrysler is in possession of records of measurements of ambient asbestos dust which were made by Chrysler personnel at various locations within 20 Chrysler's Trenton Chemical facility, at various times during the period from 1965 through 1935 and after. Also, air sampling was conducted at other 21 Chrysler facilities where asbestos containing automotive brake parts were assembled, including Chrysler's Detroit Axle facility (rear brake assemblies) 22 and Toledo Machining plant (front disc brake assemblies). 23 24 22, Has THIS DEFENDANT conducted or caused to be conducted, any 25 tests and/or studies on ambient asbestos dust levels at any location or job site 26 where ASBESTOS-CONTAINING FRICTION PRODUCTS were installed, utilized or 27 removed? If so, for the first five (5) tests and/or studies, state: 28 12 9:37PM KAZAN, MCCLAIN ETAL NO. 8201 P. 13 1 A. 2 B. 3 C. D. 4 E. 5 ANSWER: The location, including name and address, at which each such test and/or study was conducted; The individual(s) or entity conducting each such test and/or study; The date of each such test and/or study; Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study; The IDENTITY of the custodian of such DOCUMENTS. 6 Chrysler is not aware of any such "tests and/or studies" except as described In response to Interrogatory No, 21. 7 8 23. Did THIS DEFENDANT have any laboratory or other similar type of 9 facility anywhere in the United States at which it conducted or caused to be 10 conducted, any tests and/or studies of ASBESTOS-CONTAINING FRICTION 11 PRODUCTS or RAW ASBESTOS relating to the health consequences of asbestos 12 or the dust generated by any use of asbestos or ASBESTOS-CONTAINING 13 FRICTION PRODUCTS. If so, state: 14 A. 15 B. 16 C. D. 17 E. is ANSWER; The location, including name and address, at which each test and/or study was conducted; The individual(s) or entity conducting each such test and/or study; The date of each such test and/or study; Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study; The IDENTITY of the custodian of such DOCUMENTS. 19 20 21 24. Has THIS DEFENDANT made available to its employees a medical 22 examination program to determine the absence or presence of asbestos-relate 23 disease? If so, state; 24 A. Whether chest x-rays or pulmonary function tests were part of such programfs); 25 B. Whether participation in any such program was a mandatory condition of employment or was voluntary; 26 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 27 D. The IDENTITY of the custodian of such DOCUMENTS. 28 13 9:37FM KAZAN, MCCLAIN ETAL 1 ANSWER: 2 Yes, Medical examinations were available to employees, 3 A, Chest X-rays and/or pulmonary function tests were included to the extent mandated by Occupational Safety and Health 4 Administration requirements, 6. Employees could refuse medical testing. 5 C. Yes, D. A written medical procedure is on file in Chrysler's corporate 6 medical department. 7 8 25. Prior to 1973, did any person file a Workers' Compensation claim for 9 asbestos-related injury against THIS DEFENDANT or any Workers1 Compensation 10 carrier for THIS DEFENDANT which provided coverage for THIS DEFENDANT? If 11 so, for the first 50 such claims state: 12 A. The date of such claim; B. The name of the claimant; 13 C- The case number; D. The court in which the claim was filed; 14 E. The IDENTITY of this defendant's custodian of DOCUMENTS evidencing such claims. 15 ANSWER: 16 Chrysler is not aware of any asbestos-related Worker's Compensation claims prior to 1973. Chrysler notes that it does not nor has it ever categorized its 17 documents regarding workers compensation claims according to the type of injury to its employees. 18 19 26. Does THIS DEFENDANT have insurance available to cover judgment(s) 20 entered against it in asbestos-related personal injury lawsuits? If so, state: 21 A. The name and principal place of business of any insurance carrier who has issued such policy of insurance: 22 B. The number and effective date of each policy; C. The amount(s) of coverage of each policy; 23 D. The applicable dates of coverage. 24 ANSWER; 25 Chrysler was insured by the Hartford Insurance Company from 1926 through 1972. There were separate policies for each year. Chrysler has been self 26 insured subsequent to 1972. 27 28 14 9:38PM KAZAN, NO. 8201 P. 15 1 27. State whether YOU have controlled, purchased or in any way acquired 2 any interest in any corporation or business entity which has mined, manufactured, 3 produced, processed, compounded, sold, supplied, distributed and/or otherwise 4 placed RAW ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS in the 5 stream of commerce and, if so, state: 6 A. The name and address of said corporation or business entity; B. The dates YOU controlled, purchased or acquired any interest; 7 C. The nature of the business as it pertains to asbestos. 8 ANSWER: 9 In the period from 1930 through 1985, Chrysler did not purchase or otherwise acquire en interest in any company which "mined, manufactured, 10 [or] produced...RAW ASBESTOS," 11 Through various transactions at times during the period from 1930 to 1985, Chrysler has had an interest in foreign automakers, whose vehicles also may 12 have been equipped with asbestos containing automotive brake and/or clutch parts. Some of the vehicles made by foreign makers in which Chrysler had 13 an interest may have been placed in the stream of commerce in the United States. 14 Chrysler purchased a 25% interest in Simca of France in 1958, obtained 15 controlling interest (69%) by 1964, which increased to 77% by the time Chrysler sold all its Simca holdings in 1978 (Simca was at that time known 16 as Chrysler France). Some Simca cars were imported by Chrysler into the United States beginning in 1958 and sold through Chrysler dealers at that 17 time. 18 Chrysler purchased an interest in the Rootes Group of Great Britain in the early 1960's, which increased to 83% by the time Chrysler sold its holdings 19 in 1978 (Rootes was at that time known as Chrysler United Kingdom). Some Rootes cars were imported by Chrysler into the United States and sold 20 through Chrysler dealers, including the Sunbeam Tiger and the Plymouth Cricket. 21 Chrysler acquired a 15% interest in Mitsubishi of Japan in 1971, with further 22 acquisitions of 10% in 1972 and another 10% in 1973. Chrysler sold its Mitsubishi holdings in 1991, During the period through 19B5, some 23 Mitsubishi vehicles were imported by Chrysler into the United and sold through Chrysler dealers, including Dodge and Plymouth Colt and Colt Vista 24 models, Plymouth Arrow, Plymouth Conquest, and Dodge Ram 50 compact pickup trucks. 25 26 28. If THIS DEFENDANT entered into any agreements for the rebranding of 27 any ASBESTOS-CONTAINING FRICTION PRODUCTS by THIS DEFENDANT for 28 resole or distribution by another person or entity, describe each agreement's terms 15 MAR. 13. 2003 PROFESSIONAL CORPORATION EY, ROACH & MAY 1 ANSWFR- 2 No. 3 4 31. Between the years 1930 to 1985, did YOU sell any ASBESTOS5 CONTAINING FRICTION PRODUCT line to another person or entity? If so, state 6 for each such sale: 7 A. Date of sale; B. Terms of sales agreement; 8 C. Either attach all DOCUMENTS or disks containing such data, evidencing said sale, or describe such DOCUMENTS with 9 sufficient particularity that they may be made the subject of a request for production of documents; 10 D. Trade, brand and/or generic name of each such product line sold; 11 E. Name of person or entity to whom YOU sold and the type of ASBESTOS-CONTAINING FRICTION PRODUCT line; and 12 F. Location of any manufacturing facilities so sold and type of ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured 13 therein. 14 ANSWFR: 15 16 17 32. IDENTIFY all brochures, pamphlets, catalogs or other advertising 13 relating to ASBESTOS-CONTAINING FRICTION PRODUCTS and/or RAW 19 ASBESTOS which YOU manufactured, sold, distributed or supplied from the year 20 1930 to 1985. For each such document, state: 21 A. B. 22 C. D. 23 E. 24 F. G. 25 ANSWER: A description of the document; The year it was printed; The period of time in which it was used; The purpose of said document; Whether the documents or copies of said document presently exist; If said documents or copies still exist, where they are located; The IDENTITY of the custodian of such documents. 26 i For the period from 1930 through 1985, Chrysler is not in possession of any brochures, pamphlets, catalogs or other advertising relating to raw asbestos, 27 nor any such documents which refer explicitly to asbestos. Chrysler is in possession of some printed materials promoting Chrysler's Cyclebond brake 28 linings, from the 1950's. These materials are in Chrysler's possession. 17 CftOSHY, l CROSBY, h BY, ROACH & MAY P R O F E S S IO N *! CORPORATION MAR. 13. 2003 1 Chrysler is not aware of any other Chrysler materials promoting asbestos containing automotive brake or clutch parts, 2 3 33. When do YOU contend THIS DEFENDANT first became aware that 4 there is an association between asbestos exposure and disease in human beings? 5 ANSWER; 6 Exposure to asbestos does not, as this Interrogatory suggests, lead to 7 disease in humans under all circumstances. A number of different factors must, in each case, be considered in determining whether this potential 8 exists. Such factors include, but are not limited to, the type of asbestos, the length of the asbestos fiber, the duration of exposure, the dose or 9 concentration of the exposure, the respirability of the fiber, the person exposed and the circumstances surrounding the exposure, including the use 10 of available protective devices. 11 Chrysler does not acknowledge a causal relationship between exposure to brake dust or clutch facing dust and disease or illness. Chrysler was aware, 12 in the 1930s, that certain types of raw asbestos (such as those used in insulation products), if inhaled in large quantities, could cause or contribute 13 to pulmonary disease. This awareness, however, is not applicable to automotive brake and clutch parts. 14 15 34. How do YOU contend THIS DEFENDANT first became aware that 16 there is an association between asbestos exposure and disease in human beings? 17 ANSWERi 18 Chrysler does not acknowledge a causal relationship between exposure to 19 brake dust or clutch facing dust and disease or illness. See answer to Interrogatory number 33. Chrysler does not have records sufficient to 20 specifically state the manner in which it first became aware of all of the information contained in its answer to Interrogatory number 33. Chrysler 21 assumes such information was largely and most likely derived from published materials in the public domain. 22 23 35. Either attach all DOCUMENTS or disks containing such data, 24 evidencing the information upon which YOUR contentions in Interrogatory Nos. 34 25 and 35 [s/c., 33 and 34] are based or describe such DOCUMENTS with sufficient 26 particularity that they may ba made the subject of a request for production of 27 documents. 28 18 1 ANSWER: 2 The information provided in these responses is based on a variety of sources, including published materials in the public domain. Other sources include the 3 opinions of experts, including those specifically retained for the purposes of litigation, 4 5 36. When did YOU first warn YOUR employees that exposure to asbestos 6 could be hazardous to human health? State: 7 A. B. 8 C. D. 9 ANSWER: Whether the first such warning was written or oral; Whether copies of DOCUMENTS containing such warning exist; The IDENTITY of the custodian of such DOCUMENTS; The content of the warning. 10 Chrysler does not acknowledge a causal relationship between exposure to brake dust or clutch facing dust and disease or illness. Chrysler believes 11 certain persons were aware of an alleged relationship between exposure to other asbestos forms and various health conditions by way of information 12 generally available in the public domain. Chrysler has been unable to locate records that would enable it to state when information concerning asbestos 13 first became a topic of employee communications, but Chrysler dissemination of cautionary information began in the 1970s. 14 15 37. Did YOU ever issue a written COMPANY policy discontinuing warning 16 YOUR employees that exposure to asbestos could be hazardous to human health? 17 If so: 18 A, Provide the date; B, Describe the circumstances; 19 C, Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 20 subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 21 made the subject of a request for production of documents. 22 ANSWER: 23 24 25 38. At any time between 1930 and 1985, did YOU import, export, ship, 26 transship or otherwise transport RAW ASBESTOS into, out of or through any port 27 in the GEOGRAPHIC AREA? If so, for each occasion: 28 A, IDENTIFY and describe the NATURE and amount of RAW 19 9:39PM KAZAN, MCCLAIN ETAL NO. 8201 P. 19 1 B. 2 3 C. D. 4 5 6 ANSWER: 7 No. 8 ASBESTOS; IDENTIFY the ship or ships (including the owners and operators thereofl onto or from which the RAW ASBESTOS was loaded, unloaded or transshipped; State the dates, port and pier involved for each occasion; Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents, 9 39. Did YOU or any of YOUR predecessors-in-interest manufacture any of 10 the following products which contained ASBESTOS-CONTAINING FRICTION U PRODUCTS at any time between 1930 and 1985: 12 A. Automobiles; 13 B. Light duty trucks; C. Heavy duty trucks or trailers; 14 D. Buses/coaches; E. Motorcycles; 15 F. Winches, drilling rig or other stationary machinery; G. Aircraft; 16 H. Rubber-tired crawler, construction or farm equipment; I. Railed engines or cars including light-railed vehicles; 17 J. Ships; K. Off-road vehicles; IS L. Fork lifts; M. Other machinery or equipment (please describe). 19 ANSWER: 20 A. Yes. 21 B. Yes. C. Yes. 22 D. Yes. E. No. 23 F. No. G. No. 24 H. NoI. No. 25 J. No. K. Yes (Chrysler made 4-wheel drive multipurpose passenger 26 vehicles capable of being driven on-road and off-road). L. No. , ,J u 27 M. Chrysler is uncertain what is intended to be included in the term "other machinery or equipment", but believes that items A 28 through L include those Chrysler products that would have 20 MAR. 13. 2003 9:39 PM KAZAN, MCCLAIN ETAL P. 20 CROSBY, h cY , ROACH & MAY PRO FESS TONAL C O flP O S A riO N L. Chrysler is uncertain what is intended to be included in the term "other uses", but believes that items A through K include those Chrysler products that would have potentially utilized automotive brake parts. 4 43. For each use identified in Interrogatory No, 42, state: 5 A. The trade, brand and generic name by which the product was known from 1930 to 1965; 6 B. The date{s) YOU: 1. began MARKETING the product; 7 2. ceased to MARKET the product; 3. recalled the product from the market, if ever as a result of 8 asbestos-related health concerns, if any; C. A description of the type and grade of RAW ASBESTOS in the 9 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by percentage of weight in each such 10 ASBESTOS-CONTAINING FRICTION PRODUCT for each year between 1930 and 1985, inclusive; U D. A general description of the physical appearance and NATURE of each type of ASBESTOS-CONTAINING FRICTION PRODUCT 12 including any generally used method of identification of the product such as distinctive markings and/or logos and the date, 13 inclusive, during which they appeared. In addition to describing the distinctive markings and/or logos, please IDENTIFY the 14 manufacturer or distributor of each type of ASBESTOSCONTAINING FRICTION PRODUCT; 15 E. IDENTIFY the suppliers of the RAW ASBESTOS used in each type of ASBESTOS-CONTAINING FRICTION PRODUCT and the 16 time period of supply; F. The purpose for the inclusion of asbestos in each type of 17 ASBESTOS-CONTAINING FRICTION PRODUCT (e.g., binding agent, fire retardant, etc.); IS G. The type of shipping package and the range of shipping package dimensions, if not solid, and the inclusive period of time during 19 which YOU used each such container, package or carton; H. A detailed description of any printed material or trademark 20 appearing on each type of container, package or carton identified in G above and the inclusive period of time during 21 which each such combination of printed material and trademark was used; 22 I. A detailed description of any written instructions, wrapping or printed insert which was or is placed in the container, package 23 or carton with each such product and the inclusive period of time during which each instruction, wrapping or printed insert 24 was placed in the container, package or carton; J. Whether or not YOU have in YOUR possession of under YOUR 25 control samples or exemplars of 1) each container, package or carton; 2) each printed material or trademark appearing thereon; 26 or 3) each written instruction, wrapping or printed insert mentioned in YOUR response to G, FI and I above. 27 28 23 9:39PM KAZAN, MCCLAIN ETAL P. 21 1 K. 2 L. 3 4 5 M. 6 ANSWER; 7 A. 8 9 10 B. 11 12 13 C, 14 15 16 17 18 D, 19 20 21 22 23 24 25 26 27 28 Did YOU place edge codes on the ASBESTOS-CONTAINING FRICTION PRODUCTS YOU.MARKETED and, if so, during what period of time?; Either attach all DOCUMENTS or disks containing such data, evidencing the Information sought in this interrogatory and its subparts to YOUR answer to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents; IDENTIFY the person(s) presently most knowledgeable about the information sought in this interrogatory or its subparts. Chrysler has sold motor vehicles identified as "Chrysler," ''Plymouth," "DeSoto" and "Dodge" with original equipment asbestos containing automotive brake parts. Chrysler service parts, including brake parts, have been sold under the trade names Mopar, Cycle-Weld, and Cycle-Bond, 1. Chrysler has assembled and sold motor vehicles and service parts, including brake parts, since 1925. 2, Chrysler continued to assemble motor vehicles and to sell vehicles and service parts for those vehicles, including brake parts, through at least 1985. 3. Chrysler did not recall any of its products from the market as a result of asbestos-related health concerns. Brake linings manufactured by Chrysler at its Trenton Chemical plant contained 50 percent chrysotile by weight. The other 50 percent of the brake linings manufactured by Chrysler contained a 50 percent matrix. Further information regarding the composition of Chrysler's brake parts constitutes confidential and proprietary trade secrets, Chrysler does not have information regarding the specific compositions of the asbestos containing automotive brake parts purchased from outside suppliers, Chrysler placed indented identification marks on its brake linings. Each brake lining was marked on its edge with a 2letter designation indicating the name of the manufacturer of the lining, a combination of fetters "FE" or "EE", followed by numbers indicating the friction level of the lining when normal or hot, and followed by four digits indicating calendaring for date of manufacture, As a new product, the finished materials are date coded and identified by manufacturer. After the product is used, it becomes worn and, therefore, indistinguishable. The Chrysler logo is a five-pointed star inscribed inside a pentagon, referred to as the "pentastar". The emblem was stamped on the brake shoes and brake support plate produced by Chrysler, For identification purposes, color indentation appeared on the lining perpendicular to the friction surface. Chrysler has not located documentation sufficient to allow it to describe markings on parts obtained from outside suppliers. At least since 1959, the suppliers of asbestos containing automotive brake parts for Chrysler motor vehicles were the following: Abex Corp., Raybestos-Manhattan, Johns-Manville Corp. and Bendix Corporation Friction Material Division. 24 KAZAN, MCCLAIN ETAL D. 22 I E. Chrysler purchased chryeotile asbestos fiber from Asbestos Corporation, Limited, 830 Mooney Street, Bentford Mines, 2 Quebec, Canada G6651; Carry Canadian, P.O. Box 190, East Braughton Station PQ Canada GONIHO; Johns-Manville, P.O. 3 Box 5108, Ken Caryl Ranch, Denver, Colorado 80217. A minor supplier of raw asbestos was Lake Asbestos. 4 F. Chrysler does not keep records as to the reason asbestos was utilized in its products. In general, however, asbestos is utilized 5 in friction products because it provides suitable friction, strength, binding, stability, heat resistance, and other 6 characteristics required to obtain proper performance. G. Chrysler has sold automobiles with brake parts already installed 7 in the vehicles. Vehicles are generally not shipped in packages. With respect to after-market products, they were shipped in 8 cardboard cartons of various sizes. H. Chrysler has not been able to locate records sufficient to provide 9 the "detailed description" of packaging materials sought in this interrogatory. Chrysler brake parts have been sold under the 10 trade names Mopar, Cycle-Weld, and Cycle-Bond. See also answer to subpart I of this interrogatory. 11 I. Chrysler has not been able to locate records sufficient to provide the "detailed description" of written materials accompanying the 12 sale of automotive brake parts sought in this interrogatory. Chrysler can state, however, that owners* manuals containing 13 information concerning vehicle use and operation have been provided in connection with new vehicle sales. 14 To the extent this subpart seeks information regarding warnings or cautionary language, see answer to Interrogatory number 57. 15 J. Chrysler may be in possession of some such exemplar materials in its parts distribution system. 16 K. Chrysler placed indented identification marks on its brake linings. Each brake lining was marked on its edge with a 2- 17 letter designation indicating the name of the manufacturer of the lining, a combination of letters 'TE" or "EE", followed by IS numbers indicating the friction level of the lining when normal or hot, and followed by four digits indicating calendaring for date 19 of manufacture. As a new product, the finished materials are date coded and identified by manufacturer. After the product is 20 used, it becomes worn and, therefore, indistinguishable. The Chrysler logo is a five-pointed star inscribed inside a pentagon, 21 referred to as the "pentastar". The emblem was stamped on the brake shoes and brake support plate produced by Chrysler. 22 For identification purposes, color indentation appeared on the lining perpendicular to the friction surface, Chrysler has not 23 located documentation sufficient to allow it to describe markings on parts obtained from outside suppliers. 24 L. With respect to Chrysler's response to subpart F of this interrogatory, Chrysler is in possession of some in-house 25 literature which does not refer explicitly to asbestos, but which describes the utility of then conventional (asbestos containing) 26 brake linings when compared, for example, to metallic brake linings. 27 M. With respect to after market sales, advertising, and distribution, Paul Kelly is knowledgeable. With respect to labeling, Paul Kelly 28 and Jack Koblin are knowledgeable. With respect to brake 25 KAZAN, MCCLAIN ETAL D. 23 1 product evaluation, research, and development, James Knoll is knowledgeable. . 2 3 44. Did YOU or any of YOUR predecessors-in-interest MARKET clutch 4 facings, clutch plates or automatic transmission plates for any of the uses listed 5 below at any time between 1930 and 1985? 6 A. B. 7 C. D. 8 E. F. 9 G. H. 10 I. J. 11 K. L. 12 ANSWER; Automobiles or light duty trucks; Heavy duty trucks or trailers; Buses or coaches; Motorcycles; Winches, drilling rigs or other stationary machinery; Aircraft; Rubber tired crawlers, construction or farm equipment; Railed engines or cars including light railed vehicles; Shipboard; Off-road vehicles; Forklifts; Other uses. 13 A. Yes. B. Yes. 14 C. Yes. D. No. 15 E. No. F. No. 16 G. No. H. No. 17 I. No. J. Yes (Chrysler made 4-wheel drive multipurpose passenger 18 vehicles capable of being driven on-road and off-road). K. No. 19 L. Chrysler is uncertain what is intended to be included in the term '`other uses", but believes that items A through K include those 20 Chrysler products that would have potentially utilized automotive clutch parts. 21 22 45. For each use identified in Interrogatory No. 44, state: 23 A. The trade, brand and generic name by which the product was known from 1930 to 1985; 24 B. The date(s) YOU: 1. began MARKETING the product; 25 2. ceased to MARKET the product; 3. recalled the product from the market, if ever, as a result 26 of asbestos-related health concerns, if any; C A description of the type and grade of RAW ASBESTOS in the 27 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by percentage of weight in each such 28 ASBESTOS-CONTAINING FRICTION PRODUCT for each year 26 9:41PM P. 24 I 46. Did YOU or any of YOUR pradecassors-in-interest MARKET any 2 ASBESTOS-CONTAINING FRICTION PRODUCTS to any ORIGINAL EQUIPMENT 3 MANUFACTURER? If so, IDENTIFY each ORIGINAL EQUIPMENT 4 MANUFACTURER to whom YOU MARKETED ASBESTOS-CONTAINING FRICTION 5 PRODUCTS and as to each ORIGINAL EQUIPMENT MANUFACTURER, IDENTIFY 6 the ASBESTOS-CONTAINING FRICTION PRODUCT that YOU MARKETED to them 7 and the inclusive years that YOU did so. 8 A. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 9 subparts to YOUR answer to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 10 made the subject of a request for production of documents; B. IDENTIFY the person(s) presently most knowledgeable about the 11 information sought in this interrogatory or its subpans. 12 ANSWER: 13 14 15 47. Did YOU or any of YOUR predecessors-in-interest MARKET any 16 ASBESTOS-CONTAINING FRICTION PRODUCTS to any PRIVATE BRAND 17 ACCOUNT CUSTOMER? If so, for each PRIVATE BRAND ACCOUNT CUSTOMER, 18 IDENTIFY and describe the NATURE of the produce MARKETED to that PRIVATE 19 BRAND ACCOUNT CUSTOMER, the inclusive dates thereof and, if known, the 20 name(s) under which the PRIVATE BRAND ACCOUNT CUSTOMER MARKETED 21 the product. 22 A. DESCRIBE to the best of YOUR knowledge how the PRIVATE BRAND ACCOUNT CUSTOMER MARKETED the product which 23 YOU sold or distributed to it; B. Either attach all DOCUMENTS or disks containing such data, 24 evidencing the information sought in this interrogatory or its subparts to YOUR answers to these interrogatories or describe 25 such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents; 26 C. IDENTIFY the person(s) presently most knowledgeable about the Information sought in this interrogatory or its subparts, 27 28 29 9:411 KAZAN, MCCLAIN ETAL 25 1 ANSWER: 2 No. 3 4 48. Did YOU or any of YOUR predecessors-in-interest MARKET any 5 ASBESTOS-CONTAINING FRICTION PRODUCTS to any AFTER MARKET or 6 REPLACEMENT PART RETAILER operating 10 or more stores in the GEOGRAPHIC 7 AREA? If so, IDENTIFY each AFTER MARKET or REPLACEMENT PART RETAILER 8 in the GEOGRAPHIC AREA and for each please state: 9 A. 10 B. n C. 12 13 14 D. 15 ANSWER: The inclusive years during which YOU MARKETED products to said AFTER MARKET or REPLACEMENT PART RETAILER; IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS which YOU MARKETED to the AFTER MARKET or REPLACEMENT PART RETAILER; Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents; IDENTIFY the personfs) presently most knowledgeable about the information sought in this interrogatory or its subparts. 16 No. At various times between 1930 and 1985 Chrysler or its predecessors distributed asbestos containing automotive brake and clutch replacement 17 parts to its dealers under the Moper, Cycle-Weld and/or Cycle-Bond trade names. Chrysler does not believe that any such dealer operated ten (10) or 18 more sales locations for such parts in the geographic area. 19 20 49, Did YOU or any of YOUR predecessors-in-interest MARKET any 21 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor 22 who MARKETED the product under YOUR name in the GEOGRAPHIC AREA? If 23 so, IDENTIFY each warehouse distributor who MARKETED the product under 24 YOUR name in GEOGRAPHIC AREA and for each state: 25 A. The inclusive years during which YOU MARKETED ASBESTOSCONTAINING FRICTION PRODUCTS to said warehouse 26 distributor who distributed the product under YOUR name; B. IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS 27 which YOU MARKETED to the warehouse distributor who distributed the products under YOUR name; 28 C. Either attach all DOCUMENTS or disks containing such data, 30 03 NO. 8201 P. 26 1 2 3 D. 4 ANSWER: evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents; IDENTIFY the person(s) presently most knowledgeable about the information sought in this interrogatory or its subparts. 5 Until 1981, Chrysler distributed asbestos containing automotive brake and clutch replacement parts under the Mopar, Cycle-Weld and/or Cycle-Bond 6 trade names to independent warehouse distributors. Chrysler does not maintain records sufficient to allow identification of such independent 7 warehouse distributors in the geographic area for the years prior to 1981, Chrysler will make available at a mutually agreeable time and place those 8 portions of a list of independent warehouse distributors for the year 1961 which includes those located in the geographic area. 9 A. Chrysler does not maintain records sufficient to allow 10 identification of the inclusive dates that such parts were distributed to such independent warehouse distributors in the 11 geographic area. B. Chrysler does not maintain records sufficient to allow 12 identification of specific asbestos containing automotive brake and clutch replacement parts distributed to such independent 13 warehouse distributors in the geographic area. C. Chrysler will make available at a mutually agreeable time and 14 place those portions of a list of independent warehouse distributors for the year 1981 which includes those located in 15 the geographic area. D. Paul Kelly is knowledgeable regarding the distribution of 16 replacement parts. 17 18 50. Did YOU or any of YOUR predecessors-in-interest MARKET any 19 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor 20 who MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS under a 21 name other than YOURS in the GEOGRAPHIC AREA? If so, IDENTIFY each 22 warehouse distributor who MARKETED YOUR ASBESTOS-CONTAINING 23 FRICTION PRODUCTS under a name other than YOURS in the GEOGRAPHIC 24 AREA and for each please state: 25 A. The inclusive years during which YOU MARKETED ASBESTOSCONTAINING FRICTION PRODUCTS through said warehouse 26 distributor; B. IDENTIFY the products which YOU MARKETED through the 27 warehouse distributor and for each the name under which the warehouse distributed MARKETED the product; 28 C. Either attach all DOCUMENTS or disks containing such data, 31 9:42PM KAZAN, MCCLAIN ETAL P. 27 1 2 3 D. 4 ANSWER: evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents; IDENTIFY the person(s) presently most knowledgeable about the information sought in this interrogatory or its subparts 5 See answer to Interrogatory number 49. 6 1 51. Did YOU or any of YOUR predecessors-in-interest MARKET any 8 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or 9 more stores in the GEOGRAPHIC AREA who sold ASBESTOS-CONTAINING 10 FRICTION PRODUCTS under YOUR name in the GEOGRAPHIC AREA? If so, 11 IDENTIFY each retailer who sold ASBESTOS-CONTAINING FRICTION PRODUCTS 12 under YOUR name in the GEOGRAPHIC AREA and for each state; 13 A. The inclusive years during which YOU MARKETED ASBESTOSCONTAINING FRICTION PRODUCTS to said retailer who sold 14 the product under YOUR name; B. Please identify the ASBESTOS-CONTAINING FRICTION 15 PRODUCTS which YOU MARKETED to the retailer who sold the product under YOUR name; 16 C. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 17 subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 18 made the subject of a request for production of documents; D. IDENTIFY the person(s) presently most knowledgeable about the 19 information sought in this interrogatory or its subparts. ANSWER; 20 No. At various times between 1930 and 1985 Chrysler or its predecessors 21 distributed asbestos containing automotive brake and clutch replacement parts to its dealers under the Mopar, Cycle-Weld and/or Cycle-Bond trade 22 names* Chrysler does not believe that any such dealer operated ten (10) or more sales locations for such parts in the geographic area. 23 24 52. Did YOU or any of YOUR predecessors-in-interest MARKET any 25 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or 261 more stores in the GEOGRAPHIC AREA who MARKETED the product under any 27 other name in the GEOGRAPHIC AREA? If so, IDENTIFY each retailer who 28 MARKETED the product under any other name in the GEOGRAPHIC AREA and for 32 1 each state: 2 A. The inclusive years during which YOU MARKETED products through said retailer; 3 B. IDENTIFY the products which YOU MARKETED through each 4 retailer and, for each, the name under which the retailer MARKETED the product; 5 C. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 6 subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents; D. IDENTIFY the person(s) presently most knowledgeable about the 8 information sought in this interrogatory or its subparts. 9 ANSWER: 10 No. At various times between 1930 and 1985 Chrysler or its predecessors distributed asbestos containing automotive brake and dutch replacement 11 parts to its dealers under the Mopar, Cycle-Weld and/or Cycle-Bond trade names. Chrysler does not believe that any such dealer operated ten (10) or 12 more sales locations for such parts in the geographic area. 13 14 53. Did YOU or any of YOUR predecessors-in-interest MARKET any 15; ASBESTOS-CONTAINING FRICTION PRODUCTS to any FABRICATOR OF 16 ORIGINAL EQUIPMENT PARTS? If so, IDENTIFY each FABRICATOR OF 171 ORIGINAL EQUIPMENT PARTS to whom YOU MARKETED products and as to 18 each FABRICATOR OF ORIGINAL EQUIPMENT PARTS, state: 19 A. The inclusive years during which YOU MARKETED said products to each FABRICATOR OF ORIGINAL PARTS; 20 B. IDENTIFY each product YOU MARKETED to each FABRICATOR OF ORIGINAL PARTS; 21 C. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 22 subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 23 made the subject of a request for production of documents; D. IDENTIFY the person(s) presently most knowledgeable about the 24 information sought in this interrogatory or its subparts. 25 ANSWER: 26 27 28 33 PROFESSIONAL CORPORATION ROACH & MAY MAR. 13. 2003 1 54. Did YOU or any of YOUR predecessors-in-interest MARKET and 2 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of 3 the U.S. Government? If so, IDENTIFY each agency or department of the U.S, 4 Government to whom YOU MARKETED products and as to each agency of 5 department of the U.S, Government IDENTIFY the product that YOU MARKETED 6 to them and the inclusive years that YOU did so. 7 A. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its S subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 9 made the subject of a request for production of documents; B. IDENTIFY the person(s) presently most knowledgeable about the 10 information sought in this interrogatory or its subparts. 11 ANSWER: 12 Chrysler has not located records to sufficient to indicate the time periods or identity of particular U.S. government agencies. Chrysler, however, believes 13 that it may have supplied new vehicles and replacement parts to U.S. government agencies through fleet sales arrangements. 14 15 16 55. Did YOU or any of YOUR predecessors-in-interest MARKET any 17 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of o 18 any governmental entity other than the U.S. Government? If so, IDENTIFY any 19 agency or department of any governmental entity other than the U.S. Government 20 to whom YOU MARKETED products and as to each agency or department of said 21 governmental entity other than the U.S. Government IDENTIFY the product that 22 YOU MARKETED to them and the inclusive years that YOU did so. 23 A. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 24 subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 25 made the subject of a request for production of documents; B. IDENTIFY the person(s) presently most knowledgeable about the 26 information sought in this interrogatory or its subparts. 27 ANSWER: 28 Chrysler has not located records to sufficient to indicate the time periods or 34 ROSBY, H i f . 9:43PM Khlhfi, P. 30 1 E. 2 ANSWER: IDENTIFY the person(s) presently most knowledgeable about the information sought in this interrogatory or Its subparts, *K 3 Chrysler is in possession of service manuals containing the information sought in this interrogatory with respect to servicing brake linings and clutch 4 facings. These manuals will be made available for inspection and copying at a mutually convenient time and place. 5 6 60, Did any of the individuals or COMPANIES identified in YOUR answer 7 to interrogatory Nos. 46-55 inclusive and Interrogatory No, 61 have an exclusive 8 relationship with YOU? If so, IDENTIFY the individual or COMPANY, the 9 production for which the exclusive relationship existed and the inclusive dates of 10 the exclusive relationship. 11 A. Either attach all DOCUMENTS or disks containing such data, 12 evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or describe 13 such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents; 14 B. IDENTIFY the person(s) presently most knowledgeable about the information sought in this interrogatory or its subparts, 15 ANSWER' 16 Not to Chrysler's knowledge. 17 IS 61. Did YOU at any time between 1930 and 1985 own or operate a 19 wholesale or retail business or store in the DEFINED GEOGRAPHIC AREA at which 20 ASBESTOS-CONTAINING FRICTION PRODUCTS were MARKETED? 21 If so: 22 A. State the name, address and years that the BUSINESS or store were in operation; 23 B- IDENTIFY the owner and operator of the store or BUSINESS and the inclusive dates thereof; 24 C. IDENTIFY and describe the NATURE of the ASBESTOSCONTAINING FRICTION PRODUCTS sold at the BUSINESS or 25 store and the inclusive dates thereof; D, Did the store of BUSINESS have an exclusive relationship with 26 any manufacturer or MARKETER OF ASBESTOS-CONTAINING FRICTION PRODUCTS? if so, IDENTIFY the manufacturer or 27 MARKETER, IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS and state the inclusive dates of the exclusive 28 relationship; 38 9 43PM KAZAN MCCLAIN ETAL 820 P. 31 1 E. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its 2 subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 3 made the subject of a request for production of documents; F. IDENTIFY the personfs) presently most knowledgeable about the 4 information sought in this interrogatory or its subparts. 5 ANSWER: 6 Chrysler is in possession of a list of Market Investment Dealerships (dealerships in which Chrysler had an ownership interest) it has been able to 7 identify in the defined geographic area between 1930 and 1985, and will make this list available at a mutually agreeable time and place. 8 9 10 62. If any person YOU have identified in YOUR answers to these 11 interrogatories has had his or her deposition taken, IDENTIFY the deposition by the 12 name of the deponent, the date the deposition was taken, the caption and number 13 of the action in which it was taken, the court which had jurisdiction over the 14 action in which it was taken (including state and county) and either the name and 15 address of the court reporting agency which took the deposition or the name and 16 address of deponents's counsel of record. 17 ANSWER: 18 See answer to Interrogatory number 12. 19 20 DATED; February 2V, 1998 21 22 CROSBY, HEAFEY, ROACH & MAY Professional Corporation 23 24 By. 25 Attorneys for Defendant 26 Chrysler Corporation 27 28 39 STATE OF MICHIGAN ) ) COUNTY OF OAKLAND ) The undersigning person, being duly sworn on oath, deposes and says that such person is an Assistant secretary of Chrysler Corporation (the surviving corporation following the mergers effective December 30 and 31, 1989 of Chrysler Corporation and a number of its subsidiaries, including Chrysler Motors Corporation); that such person has read the foregoing Responses to Plaintiffs' Standard Interrogatories to Friction Defendants and subscribed to the same on behalf of Chrysler Corporation; that the foregoing responses are based on information communicated by Chrysler corporation former personnel and other persons and information obtained from books and records of Chrysler Corporation; and that such person believes the foregoing answers to be true and correct. Assistant Secretary Chrysler Corporation _________ Mary Lou/Scheets Notary Public, oO. akland county State of Michigan My Commission Expires: 03/02/00