Document 3Qv5NGkGMqmoZJXOBqYgg9x9J

: IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS IN RE: ALL ASBESTOS LITIGATION ) FILED BY SIMMONSCOOPER, LLC., ) Plaintiffs, ) ) ) vs. . ) ) CARRIER CORPORATION, et al., ) ) Defendants. ) ) CARRIER CORPORATION'S AMENDED RESPONSES TO PLAINTIFFS' MANUFACTURER INTERROGATORIES Defendant Carrier Corporation makes its Amended Responses to certain of Plaintiffs' Manufacturer Interrogatories as follows: Carrier Corporation incorporates its Preliminary Statement and General Objections made with its Responses to Plaintiffs' Interrogatories as though fully rewritten herein. INTERROGATORY NO. 19: Identify by full and complete trade name, any and all asbestos-containing products as defined above, which this Defendant, any related company, or any predecessor(s) has, at any time: a. Designed; b. Manufactured; c. Processed; d. Sold; e. Distributed; f. Applied; g. Installed; h. Patented; i. Specified; or j. Re-labeled. AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this Interrogatory is over broad, unduly burdensome, oppressive and harassing. This Interrogatory is unlimited in time and scope and providing an exhaustive response within the limited time period permitted is unduly burdensome. This interrogatory seeks information about products that are not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, entities and documents that have no connection to any material issue involved in this litigation. This interrogatory seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Carrier has designed, manufactured, sold, and distributed a broad range of products throughout its history, some of which had asbestos-containing components and some of which did not. Carrier has marketed its units (though not necessarily asbestos-containing units) under the following brand names or trade names: Carrier, Carlyle, Bryant, Payne, and Day & Night. Types of products were rooftop or package units, marine equipment, compressors, boilers, chillers, and furnaces. Further responding, see documents produced with these discovery responses. -2- INTERROGATORY NO. 20: With respect to each asbestos-containing product listed for each subpart of Interrogatory No. 19: a. Identify the specific company (Defendant, predecessor, related company) which designed, manufactured, processed, specified, sold, distributed, applied, installed, patented or re-labeled such product; b. State the year in which Defendant, its related company or its predecessor first designed, manufactured, processed, specified, sold, distributed, applied, installed, patented or re-labeled such product; and, c. State the year in which the Defendant, its related company or predecessor last designed, manufactured, processed, specified, sold, distributed, applied, installed, patented or re-labeled such product. AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this Interrogatory is unlimited in time and scope and providing an exhaustive response within the limited time period permitted is unduly burdensome. This interrogatory seeks information about products that are not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, entities and documents that have no connection to any material issue involved in this litigation. This interrogatory seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: (a) Some Carrier products which contained asbestos-containing components were designed and manufactured by Carrier. It is also possible that some products were manufactured by another entity and relabeled or re-sold by Carrier under one of its brands. Carrier has marketed its products under the following brands and trade names throughout its history: Carrier, -3- Bryant, Payne, Day & Night and Carlyle. Plaintiffs have not provided sufficient information to enable Carrier to determine precisely which products are at issue in this litigation. Without further information from plaintiff, Carrier is unable to provide more specific information. (b) OBJECTION. See General Objections, and the objections set forth in response to this interrogatory above. Subject to and without waiving these objections, Carrier responds as follows: Carrier is aware that its equipment incorporated asbestos-containing components as early as the 1930s. (c) OBJECTION. See General Objections, and the objections set forth in response to this interrogatory above. Subject to and without waiving these objections, the incorporation of asbestos-containing components in Carrier units ceased, for the most part, in the early 1960s, although some units may have contained asbestos-containing gaskets after that date. INTERROGATORY NO. 21: Were any of the products, which were listed in response to Interrogatory No. 19 as having been specified, sold, distributed, applied or installed by Defendant, its predecessor or related company(ies), purchased from another company and re-labelled for sale or distribution by Defendant, its predecessors or related companies? If so, identify those products, and with respect to each: a. Identify the company from which Defendant, its predecessor or related company purchased the product; and, b. Identify the company which manufactured the product; and. -4- c. State the date(s) during which said re-labeled product was sold, distributed or applied. AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this interrogatory is over broad, unduly burdensome, harassing and oppressive. This interrogatory seeks information about products that are not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, entities and documents that have no connection to any material issue involved in this litigation. This interrogatory seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Carrier has purchased units from other manufacturers which were then distributed under a Carrier brand; whether any such units incorporated asbestos-containing components is unknown. Further answering, any asbestos-containing components incorporated into Carrier equipment or distributed as replacement parts were manufactured by and purchased from others. Any asbestos-containing components sold by Carrier as replacement parts were manufactured by Durabla, Richard Klinger, Inc., Boise Cascade, Garlock, or Armstrong Cork. Upon information and belief, Carrier purchased asbestos-containing components from other suppliers, but those suppliers are unknown. INTERROGATORY NO. 22: Has this Defendant, at any time, applied, contracted to apply, installed or engaged in the business of applying or installing, asbestos-containing products? If so: a. State the date(s) on which or during which Defendant applied, contracted to apply, installed or engaged in the business of applying or installing asbestoscontaining products; -5- b. Identify any and all sites within the State of Illinois at which Defendant applied, installed or contracted to apply or install asbestos-containing products, and for each such site: (i) State whether the products you applied, installed or contracted to apply or install were included as part of the project's contract price or whether you applied the products that were provided at the worksite; (ii) Identify by manufacturer and trade name each and every asbestos^ containing product applied or installed; (iii) State the date(s) during which said application or installation took place; (iv) Identify the employee(s) of Defendant who was (were) in charge of the job; (v) Identify the person or entity for which the products were applied or installed; and (vi) Identify all documents relating to such contract, application or installation. AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this interrogatory is vague and ambiguous. This interrogatory is overly broad, unduly burdensome, harassing and oppressive. This interrogatory seeks information about products that are not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, entities and documents that have no connection to any material issue involved in this litigation. This interrogatory seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. This interrogatory also calls for confidential business and proprietary information. Subject to and without waiving these objections, Carrier responds as follows: Carrier did not manufacture asbestos containing components. Certain Carrier units may have incorporated asbestos containing components. These components were purchased from others. From time to time, Carrier was contracted to install equipment that it sold. Further answering, please see objections and Amended Answer to Interrogatory No. 19. -6- INTERROGATORY NO. 25: Identify each and every source from which Defendant, any predecessor or related company, obtained raw asbestos and/or asbestos-containing material used by Defendant, any predecessor or related company, to manufacture or process any product listed in response to Interrogatory No. 19. AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome, oppressive and harassing. Further objecting, this interrogatory seeks information that is not related to any product identified by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Carrier never mined, manufactured or processed any asbestoscontaining products or any asbestos-containing components. Any asbestos-containing components incorporated into Carrier units were purchased from others. The asbestoscontaining components consisted mainly of preformed gaskets and coated insulation boards. The suppliers of the gaskets included, but are not limited to, the following: Durabla, Garlock, Richard Klinger, Inc., Boise Cascade, and Armstrong Cork. Upon information and belief, there were other suppliers of asbestos-containing components, but those suppliers are currently unknown. INTERROGATORY NO. 33: With respect to each and every product listed in response to Interrogatory No. 19, provide a full and complete description of the package in which the product was sold, including, but not limited to, type ofpackage, size, color and writings thereon. -7- AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and harassing. This interrogatory seeks information about products that are not related to any product identification by plaintiff or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue involved in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Carrier has sold its products in a wide variety of packaging throughout its history. Carrier rooftop or package units would not typically be sold or distributed in a consistent, uniform package. Carrier Freon compressors were usually incorporated into larger cooling systems and would not reach the consumer in a package. Carrier or Bryant boilers were not marketed or distributed in any common packaging material. Carrier chillers were large pieces of equipment usually sold and shipped in components, so there was no "package in which the product was sold." The same is true for Carrier marine equipment. Carrier and other tradename furnaces were not marketed or distributed in any common packaging material. 4 INTERROGATORY NO. 35: Did Defendant, any related company or any predecessor ever stamp or otherwise place (including affixing tags or labels) a company name, initials, or any identi fying logo on any of the products listed in response to Interrogatory No. 19? AMENDED ANSWER: OBJECTION. See General Objections. See also response to interrogatory number 19 and objections stated therein. Further objecting, this interrogatory is vague and ambiguous. This interrogatory seeks information about products not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires -8- Carrier to address products, time periods, documents and persons having no connection to any material issue involved in this litigation. This interrogatory seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. This interrogatory seeks information from Carrier that may not be within its possession, custody or control. Subject to and without waiving these objections, Carrier responds as follows: Yes. INTERROGATORY NO. 36; If your answer to Interrogatory No. 29 is "Yes" identify each and every such product upon which such name, initials or identifying logo appeared and for each such product identified: a. Describe each and every name, initials or identifying logo appearing on said product, at any time, by stating the wording, lettering, symbols, size, color and manner in which it was stamped, placed or affixed to said product; b. State the date(s) during which each such name, initials, or identifying logo appeared on said product; and c. Identify any and all documents referring to, relating to or reflecting the stamping, placing or affixing of names, initials or logos to said product, including, but not limited to, any pictures, photographs or like representations of such names, initials or logos AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and harassing. This interrogatory seeks information about products that are not related to any product identification by plaintiff or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue involved in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Some Carrier products did have a company name or identifying logo, some did not. A Carrier rooftop unit bore the Carrier name on an attached metal -9- nameplate. The Carrier and/or Carlyle name would appear on the label of a compressor or chiller either as a raised embossed label or on an attached nameplate. The Bryant logo was circular, usually blue in color, with Bryant printed in the middle of the logo. Each Carrier furnace or furnace marketed under one of the trade names listed above would be identifiable by a metal nameplate, typically at the base of the unit. INTERROGATORY NO. 37; Was each of the asbestos-containing products listed in response to Interrogatory No. 19 generally expected to reach, or was each packaged to reach, the consumer or user, without substantial change in the condition in which it was sold? AMENDED ANSWER: OBJECTION. See General Objections. See also response to Interrogatory No. 19 and objection stated therein. Further objecting, this interrogatory is overly broad and unduly burdensome. This interrogatory seeks information about products not related to any product identification by plaintiff or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier's compressors were expected to reach the consumer or user without substantial change in the condition in which they were sold. INTERROGATORY NO. 39; With respect to each product listed in response to Interrogatory No. 19, state whether, based upon the material contents, the method of manufacturing, and the method of application, such product could generally be applied or installed without liberating asbestos fibers? -10- AMENDED ANSWER: OBJECTION. See General Objections. See also response to Interrogatory No. 19 and objection stated therein. Further objecting, this interrogatory is vague and ambiguous. This interrogatory seeks information about products not related to any product identification by plaintiff or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue involved in this litigation. Further, answering this question depends in part on the environment into which Carrier products were installed, and Carrier has no information regarding that issue. This interrogatory further seeks an expert opinion which Carrier is not qualified to give. Subject to and without waiving these objections. Carrier responds as follows: Chillers, boilers and heaters as described in response to Interrogatory No. 19 could be installed without liberating asbestos fibers. Further responding, ordinary use, manufacture, repair, installation, service, maintenance, processing, sales, or distribution of Carrier units would not cause the release of any respirable asbestos dust or fibers. Carrier maintains that none of its units were either dangerous or harmful when used for the purpose and in the manner for which they were intended. Any asbestos-containing components incorporated into Carrier equipment did not need to be disturbed in the ordinary use and operation of the equipment. Further answering, the asbestos-containing components were usually encapsulated in rubber (gaskets) or encased in a non-asbestos material. INTERROGATORY NO. 40: Identify each and every source from which Defendant, any predecessor or related company, obtained raw asbestos and/or asbestos-containing material used by Defendant, any -11 - predecessor or related company, to manufacture or process any product listed in response to Interrogatory No. 19. AMENDED ANSWER: OBJECTION. See General Objections. See also Amended Answer to Interrogatory No. 25 and objection stated therein, as this interrogatory is a duplicate. INTERROGATORY NO. 41: Identify each person who participated in the design and/or preparation of manufacturing specifications for each product listed in response to Interrogatory No. 19. AMENDED ANSWER: OBJECTION. See General Objections. See also response to Interrogatory No. 19 and objection stated therein. Further objecting, this interrogatory is overly broad and unduly burdensome, oppressive and harassing. This interrogatory seeks information about products not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue involved in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Numerous employees of Carrier have been responsible for development of Carrier equipment over time. The current Carrier employee with the most knowledge regarding Carrier rooftop units historically is Joe Dark, Carrier Corporation, Tyler, Texas. The current engineer with the most knowledge regarding Carrier marine equipment historically is Allen Hopkins, Carrier Marine Systems Group, Contracts Manager, Carrier Corporation, 6304 Carrier Parkway, P.O. Box 4808, Syracuse, NY 13221. The current Carrier employee with the most knowledge regarding Carrier compressors historically is Bruce Fraser, Carrier Corporation, Carlyle Compressor Engineering, -12- 6304 Carrier Parkway, P.O. Box 4808, Syracuse, NY 13221. The current engineer with the most knowledge regarding Carrier and/or Bryant boilers historically is Howard Jameson, ManagerResidential Engineering Technical Support, Carrier Residential Group, Carrier Corporation, P.O. Box 70, Indianapolis, IN 46206. The current Carrier employee with the most knowledge regarding Carrier chillers historically is Richard Martin, Carrier Corporation, 6304 Carrier Parkway, P.O. Box 4808, Syracuse, NY 13221. The current engineer with the most knowledge regarding Carrier furnaces historically is Howard Jameson, Manager-Residential Engineering Technical Support, Carrier Residential Group, Carrier Corporation, P.O. Box 70, Indianapolis, IN 46206. INTERROGATORY NO. 42: Identify any and all documents, including, but not limited to, written memoranda, specifications, blueprints, formulas, patterns and designs, referring to, relating to or reflecting the design, preparation, application and/or installation of each product listed in response to Interrogatory No. 19. AMENDED ANSWER: OBJECTION. See General Objections. See also response to Interrogatory No. 19 and objection stated therein. Further objecting, this interrogatory is overly broad and unduly burdensome, oppressive and harassing. This interrogatory seeks information about products not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue involved in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. -13- Subject to and without waiving these objections, Carrier responds as follows: Any records relating specifically to rooftop units would be located at Carrier's Syracuse, New York or Tyler, Texas facility. Any records relating specifically to Carrier equipment onboard marine or other vessels would be located at Carrier's Syracuse, New York facility. Any records relating specifically to compressors would be located at Carrier's Syracuse, New York facility. Any records relating specifically to boilers would be located at Carrier's Indianapolis, Indiana facility. Any records relating specifically to chillers would be located at Carrier's Syracuse, New York facility. Any records relating specifically to furnaces would be located at Carrier's Indianapolis, Indiana facility. Further responding, see documents produced with these discovery responses. INTERROGATORY NO. 43: With respect to each product listed in response to Interrogatory No. 19, state: a. The type of asbestos contained in the product as it was first manufactured; b. The percentage of asbestos contained in the product as it was first manufactured; c. Any modification to the product which altered the percentage or type of asbestos in the product and the dates of such modification; d. The source of asbestos in each product; e. The color, physical characteristics, and appearance of each product; f. Any and all other names under which the product was sold, at any time; g. The number and date of each patent or patent application for each product; h. If the product continued to be produced after the deletion of asbestos, all reasons why the asbestos was deleted, the identity of the person(s) who made the decision to delete the asbestos, and the date the product was first produced without the asbestos; i. If the product is no longer produced, all reasons it was discontinued, the identity of the person(s) who made the decision to discontinue the product, the brand name of the replacement product, and the date the replacement product first went into production; and -14- j. The reasons why asbestos was used as an ingredient in each such product. AMENDED ANSWER: OBJECTION. See General Objections. See also response to Interrogatory No. 19 and objection stated therein. This interrogatory is overly broad, unduly burdensome, oppressive and harassing. This interrogatory seeks information about products not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, documents and persons having no connection to any material issue involved in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: (a) Carrier did not utilize raw asbestos or unrefined or unprocessed asbestos-containing material in its manufacturing processes. Some Carrier products incorporated asbestos-containing components which were purchased by Carrier from third parties. Upon information and belief, the type of asbestos was chrysotile. (b) Carrier did not utilize raw asbestos or unrefined or unprocessed asbestos-containing material in its manufacturing processes. Some Carrier products incorporated asbestos-containing components which were purchased by Carrier from third parties. Upon information and belief, the gaskets incorporated into certain rooftop units, compressors, boilers, chillers, and furnaces were composed of approximately 75% to 80% chrysotile asbestos and 20% to 30% synthetic rubber. (c) Carrier did not utilize raw asbestos or unrefined or unprocessed asbestos-containing material in its manufacturing processes. Some Carrier -15- products incorporated asbestos-containing components which were purchased by Carrier from third parties. Accordingly, Carrier does not have any information regarding the alteration of type or percentage of asbestos that would be responsive to this interrogatory. (d) Carrier did not utilize raw asbestos or unrefined or unprocessed asbestos-containing material in its manufacturing processes. Some Carrier products incorporated asbestos-containing components which were purchased by Carrier from third parties. Further responding, see objections and Amended Answer to Interrogatory No. 25. (e) Carrier manufactured rooftop "packaged" units for dual heating-andcooling applications. Rooftop units were manufactured in various sizes, for both residential and light commercial applications. Some of the units may have incorporated asbestos-containing gaskets. All of these units utilized Freon compressors, some of which incorporated asbestoscontaining gaskets. The rooftop units or package units were usually square or rectangular shaped and were encased in a sheet metal cabinet. A unit typically had a condensing fan on top of the unit and side by side ducts on the side of the unit. The rooftop units were blue or aqua in color. Carrier manufactured various types of refrigeration equipment that were onboard naval, merchant marine, and commercial vessels. Additionally, on a very few naval vessels in the 1940s and 1950s, forced draft blowers with the Carrier label were incorporated into larger boiler systems. The equipment incorporated into naval and other marine vessels was primarily -16- Freon compressors utilized in refrigeration or cooling systems. The Freon compressors ranged form 2 to 12 cylinders. The 5 Series open drive compressors required a motor be attached to operate. The 6 Series units were closed drive compressors that incorporated a drive system. The colors of the compressors varied over the years but primarily have been blue and aqua color. Certain Freon compressors were used in refrigeration and air conditioning systems. All of the compressors were piston driven and ranged in size from 4 cylinders to 12 cylinders. The 5 Series compressors were open drive compressors that required a motor to operate. The 6 Series were open drive condensing units, utilizing an open drive compressor. The colors varied over the years but were primarily blue and aqua in color. Bryant boilers were used for residential heating purposes. This equipment heated air or water for residential use. The boilers incorporated asbestoscontaining components including gaskets, putty or boiler cement, and internal asbestos-containing insulation board. The color, physical description, and characteristics of Bryant or Carrier boilers varied from unit to unit and from type to type. Usually, Bryant boilers were light blue. Generally, they came in two different types: sectional boilers and package unit boilers. Both types of boilers would be small enough to be installed in a residential environment. However, the sizes varied from unit to unit. Chillers are large industrial cooling systems. Centrifugal chillers are Freon based and absorption chillers utilize lithium bromide. Some chillers - 17- incorporated asbestos-containing gaskets. Chillers were manufactured in various colors depending on the model and time period. A furnace is a residential heating unit. A furnace heats air which is circulated through the residence. Some Carrier furnaces incorporated asbestos-containing internal insulation, gaskets, or listing tape. Carrier did not manufacture these components but purchased them from others. The models of Carrier furnaces that incorporated asbestos-containing components varied in color and size. They were gas fired and oil fired or in older models coal fired. Further answering, see documents produced with these discovery responses. (f) See objections and Amended Answer to Interrogatory No. 19. (g) Carrier does not maintain a database of all historical patent information. There are numerous patents relating to Carrier and other trade name equipment. Any Carrier or other brand name patent information is a matter of public record and can be retrieved at www.uspto.gov. (h) OBJECTION. See General Objections. Further objecting, this Interrogatory may call for information related to subsequent remedial measures which is not admissible at trial and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections. Carrier did not incorporate asbestos-containing gaskets in rooftop units any later than 1980-1981. The specific reason for the removal of asbestos-containing gaskets is unknown. - 18- With respect to compressors incorporated into marine equipment. Carrier began to cease the incorporation of asbestos-containing gaskets in compressors in the mid 1970s. By the early 1990s, asbestos-containing gaskets were no longer incorporated into any Carrier compressors. The specific reason for the removal of asbestos-containing gaskets is unknown. Carrier began to cease the incorporation of asbestos-containing gaskets in compressors in the mid 1970s. By the early 1990s, asbestos-containing gaskets were no longer incorporated into any Carrier compressors. The specific reason for the removal of asbestos-containing gaskets is unknown. Carrier began to cease incorporating asbestos-containing components in its boilers in the 1960s. By 1970, asbestos-containing components were no longer incorporated into any Carrier/Bryant boilers. The specific reason for the removal of asbestos-containing components is unknown. Carrier began to cease incorporating asbestos-containing gaskets in chillers in the late 1970s. By the early 1990s, asbestos-containing gaskets were no longer incorporated into any Carrier chiller. The specific reason for the removal of asbestos-containing gaskets is unknown. Carrier began to cease incorporating asbestos-containing components in its furnaces in the 1960s. By the early 1970s, asbestos-containing components were no longer incorporated into any Carrier furnaces. The specific reason for the removal of asbestos-containing components is unknown. (i) Carrier rooftop and package units continue to be produced today. -19- Carrier Freon compressors continue to be incorporated into marine equipment today and Carrier continues to provide refrigeration systems for seagoing vessels and other transportation applications. Carrier Freon compressors continue to be produced today. Carrier and/or Bryant boilers continue to be produced today. Carrier continues to manufacture chillers today. Carrier furnaces continue to be produced today. (j) Asbestos-containing gaskets were used as high-pressure seals. With respect to asbestos-coated insulation board, the asbestos was incorporated as a sound buffer and to prevent heat loss. Rope caulk and/or boiler cement was utilized as a high heat seal, usually between sections of a boiler. Any asbestos-containing listing tape was incorporated as a seal to attach and bind components of a furnace. INTERROGATORY NO. 44: Identify any and all facilities at which Defendant, any predecessor or any related company, at any time, manufactured or processed asbestos-containing products, or processed raw asbestos. For each such facility identified: a. State the date(s) which said facility was owned and/or operated by Defendant, any predecessor or any related company; b. State the date(s) during which asbestos-containing products and/or raw asbestos were manufactured or processed, at said facility; and, c. Identify each person serving as the manager or supervisor of said facility during any time which the facility has been owned and/or operated by Defendant, any predecessor or any related company, and state the date(s) of the tenure as manager or supervisor for each. -20- AMENDED ANSWER: OBJECTION. See General Objections. Further objecting, this interrogatory is overbroad, unduly burdensome, oppressive and harassing. This interrogatory requires Carrier to address products, time periods, documents, places, and persons having no connection to any material issue involved in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Responding to this request, which is unlimited in time and scope, within the limited time allowed would be unduly burdensome. Further, Carrier never processed raw asbestos as suggested by this interrogatory. Subject to and without waiving these objections, Carrier responds as follows: (a) OBJECTION. See General Objections. Subject to and without waiving the foregoing, Carrier compressors were manufactured at numerous locations, including Carrier's Tyler, Texas facility. Compressors utilized in refrigeration equipment were manufactured at numerous locations, including Carrier's Syracuse, New York facility. Carrier and/or Bryant boilers were manufactured at various locations, including Carrier's Indianapolis, Indiana facility. Through the years, Carrier chillers have been manufactured at numerous locations, including Carrier's Syracuse, New York facility. Carrier furnaces were manufactured at various locations, including Carrier's Indianapolis, Indiana facility. (b) OBJECTION. See General Objections. Subject to and without waiving the foregoing. Carrier responds as follows: Various Model 48 rooftop units incorporated asbestos-containing gaskets; the gaskets were not manufactured by Carrier, but were purchased from -21 - third-party manufacturers. 1968 was the first year ofproduction of Carrier units specifically for rooftop purposes. Carrier did not incorporate asbestos-containing gaskets in rooftop units any later than 1980-1981. Rooftop units and package units incorporated fully hermetic or semihermetic compressors. The hermetic compressors did not incorporate any asbestos containing gaskets. Some semi-hermetic compressors may have incorporated asbestos containing gaskets. Carrier ceased incorporating asbestos-containing gaskets in its compressors in the early 1990s. Upon information and belief, Carrier began manufacturing equipment for naval vessels in the 1930s according to naval specifications. Primarily, this equipment was air-conditioning and refrigeration equipment utilizing the same land side Carrier compressors identified and discussed in these Amended responses to interrogatories. Although Carrier no longer provides a substantial amount of equipment to the Unite States Navy, it continues to provide equipment for non-naval marine applications. Some models of compressors incorporated asbestos-containing gaskets through the early 1990s. Carrier also distributed a few forced draft blowers for use aboard a limited number of DD, DLG, and DDG class United States Navy vessels in the 1940s and 1950s. These blowers were designed in strict compliance with United States Navy specifications. This type of equipment incorporated asbestos-containing gaskets through the 1950s. The Carrier compressors that incorporated asbestos-containing gaskets were 5 Series, 6 Series, and 7 Series compressors. The 5 Series was first -22- introduced in the 1940s, the 6 Series in the 1950s, and the 7 Series in the 1930s. These models are still on the market today, but Carrier ceased incorporating asbestos-containing gaskets in the early 1990s. The following Bryant gas boiler models incorporated asbestos-containing insulation: Models 20, 22, 23, 24, and 26 (each produced at separate times between 1923 and 1948); Model 45 (1929); Model 63 (1932-1947); Model 253 (1934-1936); and Model 255 (1934-1936). Certain models of Bryant gas boilers incorporated asbestoscontaining rope caulking, including Model 23 (1937-1947); Model 225 (1944-1955); Model 630-A (1944-1949); and Model 630-B, -C, and -D (1949-1960). Certain Bryant gas boiler models also incorporated asbestos-coated insulation boards, including Model 20 (1923-1932); Model 22 (1936 1937); Model 23 (1937-1946); Model 25 (1937-1948); and Model 26 (1946-1948). Certain Bryant 200 Series fire boiler models, with different series produced between approximately 1960 and 1971, incorporated asbestoscontaining gaskets. The Carrier chillers that incorporated asbestos-containing gaskets were 16 series, 17 series, and 19 series models. Carrier began producing the chillers in the 1950s. These models are still on the market today. In the early 1970s, Carrier began utilizing asbestos-free gaskets. By the early -23- 1990s, Carrier ceased incorporating asbestos-containing gaskets into any of its equipment. Regarding Carrier trade name furnaces: Bryant BA, AC, A, and VB models of gas furnaces incorporated asbestos-containing board insulation. Bryant produced these models for some but not all years between approximately 1938-1963. Certain Bryant oil furnaces incorporated asbestos-containing listing tape. Models 314 and 315 were produced form 1953-1960. Model 316 was produced from 1955-1960. At least two Bryant gas furnaces incorporated asbestos-containing insulation for sound control. These models included the 387, produced between 1953-1960, and the 389, produced between 1958-1960. Payne model HU Indoor Horizontal Gas Furnaces, and Day & Night Model FLA Indoor Horizontal Gas Furnaces incorporated foil-faced asbestos-containing insulation on one side. Both models were produced from 1966-1970. Some Day & Night Series 12 gas furnaces incorporated asbestoscontaining gaskets. The specific dates of manufacture are unknown. (c) OBJECTION. See General Objections. Providing a complete response to this Interrogatory, if possible, would be unduly burdensome in the limited time that has been permitted. -24- INTERROGATORY NO. 46: Identify any and all persons known by you to have any knowledge concerning the manufacture, sale, distribution, possession, application, installation or use of the products listed in response to Interrogatory No. 19. AMENDED ANSWER; OBJECTION. See General Objections. See also the responses to interrogatory number 19 and objections stated therein. Further, any requirement to investigate and disclose "any and all persons" that may have knowledge of the products identified herein is overly broad, unduly burdensome, harassing and oppressive. This interrogatory requires Carrier to identify and disclose persons that may or may not still be employed by Carrier and may or may not still be subject to Carrier's oversight and control. Subject to and without waiving these objections, see Carrier's Amended answer to Interrogatory No. 41, above. The individuals listed therein can be contacted through Carrier's counsel. INTERROGATORY NO. 85: Did any warning of any type concerning the products listed in response to Interrogatory Nos. 19 and 22 ever appear in any sales literature or other materials distributed or provided by Defendant, any predecessor or any related company, to the purchasers, consumers and/or users of such products? AMENDED ANSWER: OBJECTION. See General Objections. See also responses to Interrogatory Nos. 19 and 22 and objections stated therein. Further objecting, this Interrogatory is overbroad and unduly burdensome. This interrogatory seeks information about products that are not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods and documents having no connection to any material issue involved in this litigation. This interrogatory seeks information -25- which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Carrier has provided instructions and warnings on certain units concerning the proper and intended use of Carrier products, which may or may not have been included in sales literature or other materials distributed or provided to purchasers, consumers and/or users of products identified in interrogatory numbers 19 and 22. Further answering, Carrier maintains that its units were neither dangerous nor harmful when used for the purpose and in the manner for which they were intended. Carrier is not aware of any asbestos-related warnings. INTERROGATORY NO. 87: Does Defendant or any related company have any of the following in its possession, custody or control: a. Any package, container, label or item of sales literature which Defendant claims constitutes or contains any warning which ever accompanies any product listed in response to Interrogatory Nos. 19 and 22? b. Any picture, photograph or like reproductive representation of any item described in subpart a.? AMENDED ANSWER: OBJECTION. See General Objections. See also responses to Interrogatory Nos. 19 and 22 and objections stated therein. Further objecting, this Interrogatory is overbroad and unduly burdensome. This interrogatory seeks information about products that are not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods and documents having no connection to any material issue involved in this litigation. This interrogatory seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Carrier -26- has provided instructions and warnings on certain units concerning the proper and intended use of Carrier products, which may or may not have been included in sales literature or other materials distributed or provided to purchasers, consumers and/or users of products identified in interrogatory numbers 19 and 22. Further answering, Carrier maintains that its units were neither dangerous nor harmful when used for the purpose and in the manner for which they were intended. Carrier is not aware of any asbestos-related warnings. INTERROGATORY NO. 108: Identify any and all material safety data sheets concerning the products listed in response to Interrogatory Nos. 19 and 22 prepared, at any time, by, or on behalf of, Defendant, any predecessor or any related company. AMENDED ANSWER: OBJECTION. See General Objections. See also responses to interrogatory numbers 19 and 22 and objections stated therein. Further objecting, this interrogatory is overbroad and unduly burdensome. This interrogatory seeks information about products which are not related to any product identification by plaintiffs or to any alleged exposure. This interrogatory requires Carrier to address products, time periods, and documents having no connection to any material issue involved in this litigation. This interrogatory seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Carrier responds as follows: Carrier is not aware that it has ever prepared an MSDS with respect to any of its products. It is possible that at some point, Carrier received an MSDS from a component manufacturer that provided Carrier with an asbestos-containing component part. -27- INTERROGATORY NO. 129: Has any federal, state or local government entity, at any time, conducted any inspection, test or survey concerning asbestos or asbestos exposure at any facility where the products listed in response to Interrogatory Nos. 19 and 22 were manufactured, processed, applied, used or removed? AMENDED ANSWER: OBJECTION. See General Objections. See also responses to interrogatory Nos. 19 and 22, and objections stated therein. Further objecting, this interrogatory is overbroad and unduly burdensome. Subject to and without waiving the foregoing, Carrier is unaware of any inspections, tests or surveys as described by this interrogatory. Further answering, Carrier has performed dust and epidemiological studies at some of its facilities. See documents produced with these discovery responses. INTERROGATORY NO. 130: If your answer to Interrogatory No. 129 is "Yes," then with respect to each such inspection, test or survey: a. Identify the governmental entity conducting the same; b. State the date(s) on which the same was conducted; c. Describe the nature of the inspection, test or survey including, but not limited to, the results or conclusions thereof; and, d. Identify any and all documents referring to, relating to or reflecting the same. AMENDED ANSWER: Not applicable. See objections and Amended answer to Interrogatory No. 129. -28- LERITZ, PLUNKERT & BRUNING, P.C. #2220105 IW' One City Centre, Suite 2001 St. Louis, MO 63101 (314)231-9600 (314) 231-9480-fax ATTORNEYS FOR DEFENDANT CARRIER CORPORATION 1425.01430.993628.1. -29- STATE OF INDIANA COUNTY OF MARION ) ) SS: ) VERIFICATION <2<i: /4^C- HOWARD E. JAMESON, being first duly sworn according to law, deposes and states that he is Manager, Residential Engineering Technical Support for Carrier Corporation; that he has read the foregoing Amended Responses to Plaintiffs Manufacturer Interrogatories in the In Re: All Asbestos Litigation Filed by SimmonsCooper, LLC cases; and that they are true to the best ofhis knowledge: . , , HOWARD E. JAMESON SWORN TO before me and SUBSCRIBED in my presence this `itk day of June, 2008. .mum***. dkh oL: ^ o) : >/ itnOM. tr9-<X %b<w S. -29-