Document 2jmDxRY8dXx8Mx7Jnwmd7adpg

j LSK&D # 140-6031 / BDD0FB68.WPF j SUPREME COURT OF THE STATE OF NEW YORK ! SEVENTH JUDICIAL DISTRICT In Re Seventh Judicial District Asbestos Litigation SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION ------------------------------------------------------------------------------------------------- X This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ------------------------------------------------------------------------------------------------- X ANNE M. TINKER, Executrix of the Estate of TIMOTHY W. TINKER, Deceased, and Individually as the Surviving Spouse of TIMOTHY W. TINKER, ANSWERS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES ON BEHALF OF BEAVER DAM PRODUCTS, INC. Index #: 83778 Plaintiff, -against- A.E. CLEVITE, INC., ALLIED SIGNAL, INC., individually and as successor in interest to ALLIED CORPORATION, as successor in interest to THE BENDIX CORPORATION, BEAVER DAM PRODUCTS CORPORATION, formerly known as CHRYSLER MARINE CORPORATION, BORG-WARNER CORPORATION, BRIGGS-STRATTON CORPORATION, BROCKWAY, INC., CARLISLE COMPANIES, INC., CATERPILLAR, INC., CHRYSLER CORP., CUMMINS ENGINE COMPANY, INC., DEERE & CO., INC., DETROIT DIESEL CORPORATION, DRESSER INDUSTRIES, INC. (WAUKESHA ENGINES DIVISION), FEL-PRO INCORPORATED, FORD MOTOR COMPANY, GARLOCK INC., GENERAL MOTORS CORPORATION, J.P. INDUSTRIES, INC., KENWORTH TRUCKS, KOHLER CO., LIPE-ROLLWAY CORPORATION, MACK TRUCKS, INC., individually and as successor in interest to BROCKWAY, INC., NAVISTAR INTERNATIONAL TRANSPORTATION CORP., f/k/a INTERNATIONAL HARVESTER, OSHKOSH TRUCK CORP., PACCAR, INC., individually and through its division, PETERBILT MOTORS CO., PERKINS ENGINES, INC., PNEUMO ABEX CORPORATION, individually and as successor in interest to ABEX CORPORATION, TELEDYNE, INC., W.R. GRACE & CO.-CONN., WAGNER ELECTRIC CORP., WIS-CON TOTAL POWER CORP., ALLIED SIGNAL, INC., Defendants. ----------------------------------- X Third-Party Plaintiff, -against- FRED M. TINKER & SONS, INC., Third-Party Defendant. ------------------------------------------------------------------------------------------------- X LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK. N Y 10271-0071 Defendant, BEAVER DAM PRODUCTS CORPORATION (hereinafter "Beaver Dam"), by their attorneys, LESTER SCHWAB KATZ & DWYER, hereby answer plaintiffs' Second Set of Interrogatories dated November 1, 199$ as follows: Defendant has made a good faith and reasonable effort to respond to plaintiffs' Interrogatories, and based upon that effort, defendant submits the following objects and responses. However, defendant has not completed its investigation relating to this incident, has not completed discovery in this action and has not completed preparation for trial. Accordingly, the following responses are based upon defendant's knowledge, information and belief at this time. Defendant specifically reserves the right to amend any responses to these interrogatories. The responses are limited to the alleged exposure period of 1976 to 1980. GENERAL OBJECTIONS 1. Defendant objects to the number of interrogatories. 2. Defendant objects to these interrogatories to the extent that terms or phrases contained therein are undefined, vague or ambiguous. 3. Defendant objects to the definitions contained in these interrogatories. 4. Defendant objects to these interrogatories to the extent that they seek information for an indefinite time period or for a time period beyond a reasonable scope of discovery appropriate to this action. Such requests are overly broad, unduly burdensome, immaterial, irrelevant, heresy, and not reasonably calculated to lead to the discovery of admissible evidence. LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK. N Y. 10271-0071 5. Defendant objects to these interrogatories to the extent that they seek confidential, proprietary, and/or sensitive business information, including confidential information pertaining to third-parties, disclosure of which would violate third-party privacy rights. In the event the disclosure of such information is necessary, defendant objects to such disclosure without entry of an appropriate protective order to safeguard the confidentiality of all such information. 6. Defendant objects to these interrogatories in their entirety to the extent that they seek information protected from discovery by the attorney-client privilege and/or work product doctrine and/or any other privilege. 7. Defendant objects to these interrogatories to the extent that they exceed the scope of discovery permitted under New York CPLR. 8. The production of any document and response to plaintiff's interrogatories and requests to produce is made without waiving any objections defendant may have with respect to the admissibility of any information or a portion thereof. These general objections are continued and therefore applicable to each of the following interrogatories contained in plaintiff's interrogatories and requests to produce, subject to and without waiving the foregoing objections, and to the extent defendant understands each of the individual interrogatories, defendant, Beaver Dam, hereby submits its responses to plaintiff's Second Set of Interrogatories as follows: INTERROGATORIES 1. DATA SOURCES A. Identify each person With whom you consulted or who provided information used in answering these Interrogatories and specify the Interrogatory for which information was given. LESTER SCHWAB KATZ & DWYER 120 8ROADWAY NEW YORK. N.Y. 10271-0071 B. Identify each person's: (1) Address; (2) Position with the Defendant. RESPONSE: I, Donald Berchem, answered these interrogatories with the assistance of Peter Askins, Julie Koslowski, and Thomas J. Force, Esq. Mr. Askins was Sales Manager for Beaver Dam/Acustar, Inc. from 1989-1994. I had worked at Beaver Dam as Vice President of Engineering from approximately 1983 to 1986, and Plant Manager from 1986 to 1994. From 1964 to 1980, I worked in the Engineering Department at Chrysler Marine Corporation and, in this capacity, have obtained knowledge of the business practices of Beaver Dam Products prior to 1983. From 1964 to 1980, I visited the Beaver Dam plant located in Beaver Dam, Wisconsin at least once per week and was in contact with the Plant on a daily basis by telephone. From 1976 to 1980, Beaver Dam operated a machining plant that manufactured component marine parts for outboard boat motors. The parts were used solely by Chrysler Marine Corporation. Beaver Dam has never manufactured or distributed automobile friction parts such as brakes, clutch assemblies or gasket materials. Beaver Dam did not manufacture or distribute asbestos-containing products. 2. PURCHASE OF ASBESTOS COMPONENT PARTS List the name, principal place of business of every manufacturer or remanufacturer, and years from whom you purchased the following asbestoscontaining component parts for any of your vehicles (except automobiles) or engines during the years 1970-1980. A. any clutch products, including, but not limited to, clutches, clutch assemblies and clutch facings; B. any brake products, including, but not limited to, brake shoes and brake linings, brake assemblies, or brake pads; and LESTER SCHWAB KATZ St DWYER 120 BROADWAY NEW YORK. N.Y 10271-0071 C. gaskets. RESPONSE: Beaver Dam Corporation did not manufacturer or re-manufacture asbestos-containing products. From 1976 to 1980, Beaver Dam operated a machining plant that manufactured component marine parts for outboard boat motors. The parts were used solely by Chrsyler Marine Corporation. Beaver Dam has never manufactured or distributed automobile friction parts, such as brakes, clutch assemblies, or gasket materials. Beaver Dam did not manufacture or distribute asbestos-containing products. 3. MANUFACTURE OF ASBESTOS COMPONENT PARTS State whether and what years defendant manufactured or remanufactured any of the following asbestos-containing parts for any of your vehicles (except automobiles) or engines during the years 1970 - 1980. A. any clutch products, including, but not limited to, clutches, clutch assemblies and clutch facings; B. any brake products, including, but not limited to, brake shoes and brake linings, brake assemblies, or brake pads; and C. gaskets. RESPONSE: Beaver Dam did not manufacture or re-manufacture clutch products or gaskets containing asbestos. 4. SALE OF ASBESTOS COMPONENT PARTS State whether Defendant sold any of the asbestos-containing component parts during the years 1970 - 1980 listed in Interrogatory No. 2, either directly or through any of your agents or independent dealers. If so, state: (1) which component parts you or your agents or independent dealers sold, (2) state the years these component parts were sold, and (3) the trade name(s) under which the component parts were sold. LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK. N Y 10271-0071 RESPONSE: See Interrogatory Response No. "2". 5. MANUFACTURE OF VEHICLES/ENGINES CONTAINING ASBESTOS COMPONENT PARTS Has Defendant engaged from 1970 through 1980 in the manufacture or remanufacture of any vehicle (except automobiles) or engine containing any of the asbestos component parts listed in Interrogatory No. 2? If so, state: A. Which asbestos-containing part; B. The amount of asbestos (%) and fiber type; C. The years during which such activity took place; and D. If such activity was terminated, the reason why. RESPONSE: Beaver Dam has not engaged in the manufacture or re-manufacture of any vehicle or engine containing asbestos component parts from 1970 to 1980. 6. SALE OF VEHICLES/ENGINES CONTAINING ASBESTOS COMPONENT PARTS Has Defendant engaged from 1970 through 1980 in the sale of any vehicles (except automobiles) or engines containing any of the asbestos component parts listed in Interrogatory No. 2? If so, state: A. Which asbestos-containing part; B. The amount of asbestos (%) and fiber type; C. The date such activity began; and D. The date when such activity waster terminated. RESPONSE: Beaver Dam has not engaged in the sale of any vehicle or engine containing asbestos component parts for 1970 to 1980. I 7. RELABELLING OF ASBESTOS COMPONENT PARTS Has Defendant from 1970 through engaged in the relabelling or rebranding of any of the asbestos component parts listed in Interrogatory No. 2 manufactured in whole or in part by an unrelated business entity: If so, state: A. Which asbestos-containing part; B. The name of the unrelated business entity which manufactured the component part; C. The component part's original trade and/or brand name; LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK. N Y 10271-0071 D. Who performed the physical relabelling or rebranding and where it was accomplished; ! E. The years during which such activity took place; i F. The brand name and/or trade name after the product was rebranded; G. The amount of asbestos (%) and fiber type; and H. Whether the rebranded or relabelled parts were ever placed in any of the Defendant's vehicles or engines. RESPONSE: No. See Interrogatory Response No. "2". 8. TESTING Were any tests conducted on any asbestos-containing component parts identified in Interrogatory Nos. 2, 3, 4, 5, 6 or 7 to determine: A. Identify each individual or firm who conducted such tests; B. The date, purpose, and result of each such test; and C. Identify and produce all documents relating to such tests. RESPONSE: No. See Interrogatory Response No. "2", "3", "4", "5", "6", and 9. WARNING/DESCRIPTION For each of the component parts listed in Interrogatory No. 2 which contained asbestos and which were placed in your vehicles (except automobiles) or engines during the period between 1970-80, state whether you placed any caution, warning or hazard statement or explanation involving asbestos on either the component part, the vehicle or engine in which the component part was placed. If so, provide as to each component part the following information as to the caution, warning or hazard statement: A. Its precise wording; s B. Where was it located on the product, packaging, and what was the size and color of the lettering. C. Has the wording or its presentation ever been altered, and if so, how and when? D. The years during which each version of a caution, warning or hazard statement appeared on each component part; and E. Identify all documents relating to the warning. RESPONSE: Not applicable. See Interrogatory Response No. "2". LESTER SCHWAB KATZ & OWYER 120 BROADWAY NEW YORK. N.Y 10271-0071 Ii 10. WARNING/INSERT If you sold or resold any of the component parts listed in Interrogatory No. 2 which contained asbestos, either directly or through any of your independent dealers, did you ever place any form of package insert or informative brochure in the container accompanying the component part explaining the hazards of asbestos? A. When was it first placed in containers and for what years thereafter; B. What products had the insert or brochure included; C. Provide a verbatim statement of the insert; and D. Identify all documents relating to the warning. RESPONSE: Not applicable. See Interrogatory Response No. "2". 11. WARNING/MASK If you sold or manufactured any asbestos containing component parts listed in Interrogatory No. 4 and/or 5, did you ever place any form of disposable face masks or respirator in a container for later use by persons who would handle and/or be exposed to such parts? If so, please state: A. The parts covered by the practice; B. The year this practice began and the years it was implemented; and C. Describe the type of face masks or respirator included in the container. RESPONSE: Not applicable. See Interrogatory Response No. "2". Dated: New York, New York April 11, 1997 LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK, N.Y. 10271-0071 TO: MICHAEL A. PONTERIO, ESQ. Lipsitz & Ponterio, LLC 135 Delaware Avenue, Suite 506 Buffalo, NY 14202-2410 David M. Lipman, Esq. DAVID M. LIPMAN, P.A. 5901 S.W. 74 Street, Suite 304 Miami, Florida 33143-5186 ALL DEFENSE COUNSEL ON SERVICE LIST LESTER SCHWAB KATZ & DWYER 120 BROADWAY * NEW YORK. N.Y. 10271-0071 ;I BDD0EE70.WPF j 'i i i TINKER SERVICE LIST Robert E. Glanville, Esq. PHILLIPS, LYTLE, ET AL. Attorneys for Defendant A.E. Clevite, Inc. J.P. Industries, Inc. 3400 Marine Midland Center Buffalo, New York 14203 Anna M. DiLonardo, Esq. L'ABBATE, BALKAN, ET AL. Attorneys for Defendant Borg Warner Corp. 1050 Franklin Avenue I Garden City, New York 11530 i I | Michael S. Komar, Esq. j STENGER & FINNERTY ! Attorneys for Defendant I Caterpillar, Inc. | 1800 Main Place Tower Buffalo, New York 14202 ! Thomas J. Force, Esq. j LESTER SCHWAB KATZ & DWYER | Attorneys for Defendants | Beaver Dam Products Corporation i Chrysler Corporation j 120 Broadway, 38th Floor | New York, New York 10271 ! Vincent P. Pozzuto, Esq. ! COSTELLO, SHEA & GAFNEY j Attorneys for Defendant | Dresser Industries, Inc. (Waukesha Engines Div.) Jj One Battery Park Plaza ;! New York, New York 10004 Peter R. Bain, Esq. Williams & Harris Attorneys for Defendant Ford Motor Company One Battery Park Plaza 27th Floor New York, New York 10004 Peter S. Marlette, Esq. DAMON & MOREY, LLP Attorneys for Defendants Kenworth Truck Company Paccar Inc. 1000 Cathedral Place 298 Main Street Buffalo, New York 14202-4096 Donald W. Smith, Esq. PEARL & SMITH Attorneys for Defendant Navistar International Transportation Corp. 16 West Main Street, Suite 141 Rochester, New York 14614-1601 James Gocker, Esq. HARRIS, BEACH & WILCOX Attorneys for Defendant. Allied Signal, Inc. The Granite Building 130 East Main Street Rochester, New York 14604 Joseph J. O'Hara, Esq. SCHIFF, HARDIN & WAITE Attorneys for Defendant Brockway, Inc. 150 East 52nd Street, Suite 2900 New York, New York 10022-6017 \ i iii 'j i LESTER SCHWAB KATZ fit DWYER 120 BROADWAY NEW YORK, N Y 10271*0071 John E. Keale, Esq. CARPENTER, BENNETT & MORRISSEY Co-Counsel - Caterpillar, Inc. Three Gateway Center 100 Mulberry Street Newark, New Jersey 07102-4079 James W. Whitcomb, Esq. PHILLIPS, LYTLE, ET AL. Attorneys for Defendant Detroit Diesel Corporation General Motors Corporation 3400 Marine Midland Center Buffalo, New York 14203 Richard T. Sullivan, Esq. SULLIVAN, BENATOVICH, ET AL. Attorneys for Defendant Fel-Pro Incorporated 600 Main Place Tower Buffalo, New York 14202-3706 Donald Mclean, Esq. ARENT, FOX, KINTNER, PLOTKIN & KAHN Co-Counsel for Defendant Fel-Pro Incorporated 1050 Connecticut Avenue Washington, D.C. 20036-5339 Bernadette Weaver-Catalana, Esq. WOODS, OVIATT, ET AL. Attorneys for Defendant Garlock Inc. 44 Exchange Street Rochester, New York 14614 Chris N. Kolos, Esq. MAGUIRE, VOORHIS & WELLS, P.A. Attorney for Defendant Mack Truck, Inc. Two South Orange Plaza 2 South Orange Avenue P.O. Box 633 Orlando, FL 32802-0633 Anthony J. Colucci, III, Esq. BLOCK & COLUCCI, P.C. Attorneys for Defendant Perkins Engines, Inc. 1250 Statler Towers Buffalo, New York 14202 James S. Nowak, Esq. GIBSON, McASKELL & CROSBY Attorneys for Defendants Teledyne, Inc. Wis-Con Total Power Corp. 69 Delaware Avenue, Suite 900 Buffalo, New York 14202 Jeffrey F. Baase, Esq. HURWITZ & FINE, P.C. Attorneys for Defendant Cummins Engine Company 1300 Liberty Building Buffalo, New York 14202-3670 Marc S. Gaffrey, Esq. HOAGLAND, LONGO, MORAN, ET AL. Attorneys for Defendant Kohler Co. 40 Paterson Street P.O. Box 480 New Brunswick, New Jersey 08903 Mark J. Schaefer, Esq. HAGERTY & BRADY Attorneys for Defendant Lipe-Rollway Corporation 1010 Chemical Bank Building Buffalo, New York 14202-9443 Robert B. Conklin, Esq. HODGSON, RUSS, ET AL. Attorneys for Defendant Oshkosh Truck Corp. 2500 Chase Square Rochester, New York 14604 \ LESTER SCHWAB KATZ & DWYER 120 8ROADWAY NEW YORK. N.Y 10271-0071 Thomas M. Van Strydonck, P.C. Attorney for Defendant Mack Trucks, Inc. 700 Reynolds Arcade 16 East Main Street Rochester, NY 14614 William P. Keefer, Esq. ALBRECHT, MAGUIRE, HEFFERN & GREGG, P.C. Attorneys for Defendant Wagner Electric Corp. 2100 Main Place Tower Buffalo, New York 14202-3783 Joseph G. Fritsch, Jr. CONNORS & CORCORAN, LLP Attorneys for Defendant W.R. Grace & Co.-Conn. 45 Exchange Street Rochester, New York 14614 Carol G. Snider, Esq. DAMON & MOREY, LLP Attorneys for Defendant Briggs & Stratton Corporation 1000 Cathedral Place 298 Main Street Buffalo, New York 14202-4096 Thomas E. Reidy, Esq. NIXON, HARGRAVE, DEVANS & DOYLE LLP Attorneys for Defendant Carlisle Companies, Inc. Clinton Square P.O. Box 1051 Rochester, New York 14603-1051 Michael A. Ponterio, Esq. LIPSITZ & PONTERIO, LLC Attorneys for Plaintiff Anne M. Tinker et al. 135 Delaware Avenue Suite 506 Buffalo, New York 14202-2410 David M. Lipman, Esq. DAVID M. LIPMAN, P.A. Attorneys for Plaintiff Co-Counsel - Anne M. Tinker, et al. 5901 S.W. 74 Street, Suite 304 Miami, Florida 33143-5186 Michael R. Wolford, Esq. MICHAEL R. WOLFORD & ASSOCIATES Attorneys for Defendant Deere & Company 600 Reynolds Arcade Building 16 East Main Street Rochester, New York 14614 Amalia Pena, Esq. SMITH ABBOTT, LLP Attorneys for Defendant Pneumo Abex Corporation 100 Maiden Lane New York, New York 10038 LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK, N Y. 10271-0071 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT ----------------------------------------------------------------------- ------------------------- X In Re Seventh Judicial District Asbestos Litigation This Document Applies to: X SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ------------------------------------------------------------------------------------------------- X ANNE M. TINKER, Executrix of the Estate of TIMOTHY W. TINKER, Deceased, and Individually as the Surviving Spouse of TIMOTHY W. TINKER, Plaintiff, -against- A.E. CLEVITE, INC., ALLIED SIGNAL, INC., individually and as successor in interest to ALLIED CORPORATION, as successor in interest to THE BENDIX CORPORATION, BEAVER DAM PRODUCTS CORPORATION, formerly known as CHRYSLER MARINE CORPORATION, BORG-WARNER CORPORATION, BRIGGS-STRATTON CORPORATION, BROCKWAY, INC., CARLISLE COMPANIES, INC., CATERPILLAR, INC., CHRYSLER CORP., CUMMINS ENGINE COMPANY, INC., DEERE & CO., INC., DETROIT DIESEL CORPORATION, DRESSER INDUSTRIES, INC. (WAUKESHA ENGINES DIVISION), FEL-PRO INCORPORATED, FORD MOTOR COMPANY, GARLOCK INC., GENERAL MOTORS CORPORATION, J.P. INDUSTRIES, INC., KENWORTH TRUCKS, KOHLER CO., LIPE-ROLLWAY CORPORATION, MACK TRUCKS, INC., individually and as successor in interest to BROCKWAY, INC., NAVISTAR INTERNATIONAL TRANSPORTATION CORP., f/k/a INTERNATIONAL HARVESTER, OSHKOSH TRUCK CORP., PACCAR, INC., individually and through its division, PETERBILT MOTORS CO., PERKINS ENGINES, INC., PNEUMO ABEX CORPORATION, individually and as successor in interest to ABEX CORPORATION, TELEDYNE, INC., W.R. GRACE & CO.-CONN., WAGNER ELECTRIC CORP., WIS-CON TOTAL POWER CORP., ALLIED SIGNAL, INC., Defendants. ----------------------------------- X Third-Party Plaintiff, -against- FRED M. TINKER & SONS, INC., Third-Party Defendant. SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION AFFIDAVIT Index #: 83778 LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK. N.Y. 10271-0071 STATE OF COUNTY OF ) ) ss: ) I, Donald Berchem, who being duly sworn according to the law, deposes and says that he was Sales Manager for Beaver Dam Corporation from 1989 -1994 and, as such, is duly authorized to execute this Affidavit on behalf of Beaver Dam Corporation and that the facts set forth in the foregoing Responses to Plaintiffs' Second Set of Interrogatories are true and correct to the best of his knowledge, information and belief. Dated: __________________ , Wisconsin ________________ 1997 Sworn to and subscribed before me thisday of1997. DONALD BERCHEM NOTARY PUBLIC \ LESTER SCHWAB KATZ & DWYER 120 BROADWAY NEW YORK. N.Y. 10271-0071 LSK&D #: 140-6031 / BDD0FB68.WPF SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT In Re Seventh Judicial District Asbestos Litigation X ------------------------------------------------------------------------------------------------- X This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ------------------------------------------------------------------------------------------------- X ANNE M. TINKER, Executrix of the Estate of TIMOTHY W. TINKER, Deceased, and Individually as the Surviving Spouse of TIMOTHY W. TINKER, Plaintiff, -against- A.E. CLEVITE, INC., ET AL., ALLIED SIGNAL, INC., Defendants. X Third-Party Plaintiff, -against- FRED M. TINKER & SONS, INC., Third-Party Defendant. ------------------------------------------------------------ X SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION ANSWERS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES ON BEHALF OF BEAVER DAM PRODUCTS, INC. Index #: 83778 ATTORNEYS FOR d^^^ifi^^PORATION and BEAVER DAM PRODUCTS CORPORATION 120 Broadway New York. N.Y. 10271-0071 (212) 964-6611 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT In Re Seventh Judicial District Asbestos Litigation SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ANNE M. TINKER, Executrix of the Estate of TIMOTHY W. TINKER, Deceased, and Individually as the Surviving Spouse of TIMOTHY W. TINKER, Plaintiff, CASE NO. 83778 vs. A.E. CLEVITE, INC.; et al., Defendants. PLAINTIFF* S SECOND SET OF INTERROGATORIES [VEHICLE AND ENGINE INTERROGATORIES/PRODUCT DEFENDANTS] TO: Cynthia Weiss Antonucci, Esq. Lester, Schwab, Katz & Dwyer Attorneys for Defendant BEAVER DAM PRODUCTS CORPORATION 120 Broadway 38th Floor New York, NY 10271-0071 Respectfully submitted, DATED: July ____, 1996 Buffalo, New York MICHAEL A. PONTERIO, ESQ: JOHN LIPSITZ, ESQ. LIPSITZ & PONTERIO, L.L.C. ATTORNEYS FOR PLAINTIFF Office Sc Post Office Address 135 Delaware Avenue Suite 506 Buffalo, NY '14202-2410 (716) 849-0701 INSTRUCTIONS INTERROGATORIES ARE CONTINUING IN NATURE These Interrogatories shall be deemed continuing and supplemental responses shall be required promptly if the Defendant directly or indirectly obtains further information. Pursuant to Civil Practice Law and Rules Section 3132, the Plaintiff demands that the Defendant hereby respond under oath to Plaintiff's Second Set of Interrogatories [Vehicle & Engine Interrogatories/Product Defendants] within sixty (60) days of the service of these documents. DEFINITIONS As used in these interrogatories, the following words and terms shall mean and include the following: 1. "Plaintiff" means TIM and ANN TINKER. 2. "Defendant" or any synonym thereof means the defendant corporation answering these interrogatories, as well as all, divisions, predecessors-in-interest, subsidiaries, agents, servants and employees, officers, executives, directors, private investigators, attorneys, representatives or others who are in possession of or who may have obtained information or knowledge for or on behalf of the defendant. 3. "You" or "Your" unless otherwise specified means the responding defendant. Present tense should be construed as also including past tense. 4. "Predecessor" means any corporation, entity, or assets at any time acquired or possessed by the defendant through any means including merger, consolidation, stock purchase, asset purchase, assumption, etc. ,. 5. "Produce" means attach, make available or authorize the obtaining of any materials or documents requested to be produced for the purpose of inspection and/or copying. 6. "Associated Business Entity" or "Business entity associated with you" means any business entity that is and/or was a predecessor in interest, a division and/or a subsidiary of the answering Defendant. 7. "Vehicle" means all vehicles except automobiles. 8. "Component part," as used in these Interrogatories, means: (a) any brake products, including but not limited to brake shoes and brake linings, brake pads and brake assemblies; 2 (b) clutch products including but not limited to clutches or clutch facings; and (c) gaskets. 9. "Remanufacturer" means any entity which reassembles, rebuilds, or reconstructs any vehicle or engine manufactured by another entity. 10. "Manufacturer of vehicles containing asbestos" means any entity that assembles, puts together, or manufactures any vehicle which contains asbestos or which contains, component parts which contain asbestos, regardless of whether that entity actually designs, assembles, or puts together the component part itself, or which in any way processes or packages vehicles containing component parts containing asbestos. 11. "Manufacturer of engines containing asbestos" means any entity that assembles, puts together, or manufactures any engine which contains asbestos or which contains component parts which contain asbestos, regardless of whether that entity actually designs, assembles, or puts together the component part itself, or which in any way processes or packages engines containing component parts containing asbestos. 12. "Distributor of vehicles containing asbestos" means any entity which ships or in any way directs shipments of vehicles containing component parts containing asbestos. 13. "Distributor of engines containing asbestos" means any entity which ships or in any way directs shipments of engines containing component parts containing asbestos. 3 PLAINTIFF'S SECOND SET OF INTERROGATORIES [VEHICLE & ENGINE INTERROGATORIES/PRODUCT DEFENDANTS] 1. DATA SOURCES A. Identify each person with whom you consulted or who provided information used in answering these Interrogatories and specify the Interrogatory for which information was given. B. Identify each person's: (1) Address; (2) Position with the Defendant. 2. PURCHASE OF ASBESTOS COMPONENT PARTS List the name, principal place of business of every manufacturer or remanufacturer, and years from whom you purchased the following asbestos-containing component parts for any of your vehicles (except automobiles) or engines during the years 1970-1980. A. any clutch products, including but not limited to clutches, clutch assemblies and clutch facings B. any brake products, including, but not limited to brake shoes and brake linings, brake assemblies, or brake pads C. gaskets 3. MANUFACTURE OF ASBESTOS COMPONENT PARTS State whether and what years Defendant manufactured or remanufactured any of the following asbestos-containing parts for any of your vehicles (except automobiles) or engines during the years 1970-1980. A. any clutch products, including but not limited to clutches, clutch assemblies and clutch facings B. any brake products, including, but not limited to brake shoes and brake linings, brake assemblies, or brake pads 4 C. gaskets 4. SALE OF ASBESTOS COMPONENT PARTS State whether Defendant sold any of the asbestos- containing component parts during the years 1970-1980 listed in Interrogatory No. 2, either directly or through any of your agents or independent dealers. If so, state: (1) which component parts you or your agents or independent dealers sold, (2) state the years these component parts were sold, and (3) the trade name(s) under which the component parts were sold. 5. MANUFACTURE OF VEHICLES/ENGINES CONTAINING ASBESTOS COMPONENT PARTS Has Defendant engaged from 1970 through 1980 in the manufacture or remanufacture of any vehicle (except automobiles) or engine containing any of the asbestos component parts listed in Interrogatory No. 2? If so, state: A. Which asbestos-containing part; B. The amount of asbestos (%) and fiber type. C. The years during which such activity took place; D. If such activity was terminated, the reason why. 6. SALE OF VEHICLES/ENGINES CONTAINING ASBESTOS COMPONENT PARTS Has Defendant engaged from 1970 through 1980 in the sale of any vehicles (except automobiles) or engines containing any of the asbestos component parts listed in Interrogatory No. 2? If so, state: A. Which asbestos-containing part; B. The amount of asbestos (%) and fiber type. C. The date such activity began; 5 D. The date when such activity was terminated. 7. RELABELLING OP ASBESTOS COMPONENT PARTS Has Defendant from 1970 through 1980 engaged in the relabelling or rebranding of any of the asbestos component parts listed in Interrogatory No. 2 manufactured in whole or in part by an unrelated business entity? If so, state: A. Which asbestos-containing part; B. The name of the unrelated business entity which manufactured the component part; C. The component part's original trade and/or brand name; D. Who performed the physical relabelling or rebranding and where it was accomplished; E. The years during which such activity took place; F. The brand name and/or trade name after the product was rebranded; G. The amount of asbestos (%) and fiber type; H. Whether the rebranded or relabelled parts were ever placed in any of the Defendant's vehicles or engines. 8. TESTING Were any tests conducted on any asbestos-containing component parts identified in Interrogatory No. 2, 3, 4, 5, 6, or 7 to determine: A. The identify of each individual or firm who conducted such tests; B. The date, purpose, and result of each such test; C. Identify and produce all documents relating to such tests. 6 9. WARNING/DESCRIPTION For each of the component parts listed in InterrogatoryNo. 2 which contained asbestos and which were placed in your vehicles (except automobiles) or engines during the period between 1970-80, state whether you placed any caution, warning or hazard statement or explanation involving asbestos on either the component part, the vehicle or engine in which the component part was placed. If so, provide as to each component part the following information as to the caution, warning or hazard statement: A. Its precise wording; B. Where was it located on the product, packaging, and what was the size and color of. the lettering. C. Has the wording or its presentation ever been altered, and if so, how and when; D. The years during which each version of a caution, warning or hazard statement appeared on each component part; E. Identify all documents relating to the warning. 10. WARNING/INSERT If you sold or resold any of the component parts listed in Interrogatory No. 2 which contained asbestos, either directly or through any of your independent dealers, did you ever place any form of package insert or informative brochure in the container accompanying the component part explaining the hazards of asbestos? If so, state as to each such insert or brochure: A. When was it first placed in containers and for what years thereafter; B. What products had the insert or brochure included; C. Provide a verbatim statement of the insert; D. Identify all documents relating to the warning. 7 11. WARNING/MASK If you sold or manufactured any asbestos containing component parts listed in Interrogatory No. 4 and/or 5, did you ever place any form of disposable face mask or respirator in a container for later use by persons who would handle and/or be exposed to such parts? If so, please state: A. The parts covered by the practice; B. The year this practice began and the years it was implemented; C. Describe the type of face mask or respirator included in the container. 8 \\ STATE OF : COUNTY OF : BEFORE ME, a Notary Public, personally appeared _________________ , who being duly sworn according to law deposes and says that he/she is the , of , and that he/she is authorized to make this affidavit on its behalf, and that the facts contained in the foregoing Answers to Plaintiff's Second Set of Interrogatories are true and correct to the best of his/her knowledge and belief. SWORN TO AND SUBSCRIBED before me this day of , 1996. NOTARY PUBLIC il f * 9 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing- document, "Plaintiff's Second Set of Interrogatories [Vehicle & Engine Interrogatories/Product Defendants]," was served on the counsel of record -listed below by regular U.S. Mail on the _____ day of July, 1996. TO: Cynthia Weiss Antonucci, Esq. Lester, Schwab, Katz & Dwyer Attorneys for Defendant BEAVER DAM PRODUCTS CORPORATION 120 Broadway 38th Floor New York, NY 10271-0071 MICHAEL A. PONTERIO ATTORNEY FOR PLAINTIFF