Document 4ayjMMY2q6pqomB4eDk5Nq9op
TX040o.ASB 09/20/90
HO. 87--C--1934
TOMMIE L. HEATHMAN, and wife DIXIE A. HEATHMAN,
Plaintiffs, VS. OWENS-CORNING FIBERGLAS CORPORATION, et al..
Defendants.
) )
) IN Tim DISTRICT COURT OF
) BRAZORIA COUNTY, TEXAS
) 23RD JUDICIAL DISTRICT
) ) ) > )
) ) ) ) ) l
DEPENDANT, OWENS-ILLINOIS, INC.'S SUPPLEMENTAL ANSWERS TO
SECOND INTERROGATORIES UNDER RULE 168
order.
PRELIMINARY STATEMENT
These supplemental responses are filed pursuant to court Although the Court has overruled this defendant's objec
tions to this discovery, this defendant does not waive those
objections by filing those supplemental materials.
Q. 1.
Please list the name, title, position and
address of the persons that participated in the answering of these interrogatories.
A. 1.
Michael E. McConnell, Assistant. Secretary of
Owens-Illinois, Ino., and Susan J. Gibbons, Litigation Associate,
Owens-Illinois, Inc., one SeaGate, Toledo, Ohio 43666.
1 I DEPOSITION
I EXHIBIT
I 3-/
Q. 2.
Has this defendant ever been charged or con
victed of a felony or crime involving moral turpitude? If so,
please result of each charge or conviction.
A. 2.
No.
Q. 5.
Please state the date when this defendant first
knew or suspected there was a health hazard to human beings
exposed to asbestos in any occupational setting.
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A. 5.
Although due to the passaqe of over 40 years it
is not possible to aeeign a specific date, this defendant has
been aware that there existed a threshold limit value (TLV) for
asbestos dust since 1948 or before. Concentrations of asbestos in
excess of this TLV were understood by the medical community to
present a potential health risk. Lower concentration were
Delieved by the medical community to be safe. Tills defendant
was aware of the TLV. This defendant is continuing its investi
gation into this matter, and will supplement this information if
earlier dates are discovered.
Q. 6.
Can this defendant state how many or how few
asbestos fibers it takes to cause mesothelioma in human beings?
A. C.
No. First, mesotheliomas have been reported
In individuals with no asbestos exposure. Second, under the
current state of medical and scientific knowledge, the number of
asbestos fibers necessary to cause mesothelioma is not known.
Also, mineral fibers of different chemical compositions, sizes, shapes, lengths and dimensions are believed by the medical and
scientific community to have different effocte.
Q. 7.
Bid this defendant ever review any medical or
scientific information concerning the health hazards to human
2
beings from asbestos exposure before the year 1945? pleas state when and what was reviewed.
If ao,
A. 7.
From an examination of this defendant's records
it is unable to determine whether this defendant ever reviewed
any medical or scientific information concerning the health
hazards of persons exposed to asbeetoe prior to 1945, although,
as noted above, 40 years or more have passed and this defendant
may have been aware of the TLV when it was announced in 1938.
Q. 8.
Has thie defendant ever considered itself an
expert in the field of manufacturing asbestos-containing products and materials? Tf eo, when did this defendant first consider itself as such, and does that opinion continue to the present
time?
A. 8.
Defendant is not and never has been an expert
in the field of manufacturing asbestos-containing products in
general. However, this defendant acknowledges expertise in
manufacturing the product known as Xaylo from 1948 to 1958.
Q. 9.
Please identify each doaument thie defendant
used to allege and/or prove that "Even before world War II, the
United States government recognized from its own internal and
confidential correspondence and studies, that asbestosis waB a
substantial occupational health risk to shipyard workers." in
the case of Rene A. Dube vs. Eaale-Plcher industries. Inc., et
iLi./ Civil Action Docket No. 83-0224 P, United States Court,
District of Maine.
A. 9.
The following is a list of the documents
admitted by the Court in the Dube case which Includes internal
navy correspondence and confidential reports by the U.S. Maritime
Commission.
3
1. Letter from R.G. Heins, Capt. USN to the
Department of the Interior dated February 12, 1936.
2. Memorandum from c.s. Stephenson, Commander
in charge of the U.S. Navy's Division of Preventive Medicine, for
Admiral R. Mcintire, surgeon General of the Navy, at 2 (March 11,
1941)
3. Industrial Health Survey of Bath Iron
Works at 12 (September 22, 1942).
4. Industrial Health Survey of South Tortland
Ship Corp. and the Todd-Bath Iron Works, South Portland, marine
at 11-12 (September 18, 19, 22, 1942). 5. Industrial Health Survey of the Oregon
Shipbuilding Corporation, Portland, Oregon, at 18-20 (September
304, 1942).
6. Letter from Frank Knox, Secretary of the
Navy of Chief of all Bureaus, Commandants and commanding Offi
cers, etc. (May 5,1943).
7. industrial Health Survey and Safety Survey of Willamette Iron & Steel Corporation, Portland, Oregon
(September 11, 18 at 32, 1943). 8. Industrial Health and safety Re-survey
of Willamette iron & Steel Corporation, Portland, Oregon, at 6-7
(March 13, 15, 22, 23, 1945).
9. Re-Inspection Report, Safety and Industri al Health, Defoe Shipbuilding Co., Bay City, Michigan, at 3
(January 20-21, 1944). 10. Industrial Hygiene survey of Gulf Ship
building Corporation, Chickasaw, Alabama, at 10 (March 21-23, 28
29, 1944). 11. Industrial Health and Safety Re-Survey of
Albina Engine and Machine Works, Inc., Portland, Oregon, at 18
(March 26-26, 1945). 12. Letter from Supervisor of shipbuilding,
USN, Camden, New Jersey, to Bureau of Ships (May 31, 1943).
4
13. Memorandum from L. Sheldon, Jr., Acting
Chief, Bureau of Medicine and Surgery, to Bureau of Ships, at l (August 6, 1943).
14. Letter from G.H. Wood, Office of Supervi sor of Shipbuilding, Navy Department, Camden, New Jersey to Bureau of ships (September 28, 1943).
15. Letter from C.D. Wheelock, Bureau of
Ships, to united states Maritime commission (January 20, 1944).
IS. Industrial Health and Safoty Survey of
Associated Ship Builders, Harlow Island, Seattle, Washington at
32, 35 (Juno 7-14, 1943).
17. Letter from Lt. Cmdr. Walter e. Fleischer,
MC. USNR, U.S. Maritime Commission to Captain Ccorge A. Eckert, MC., Portsmouth Navy Yard (August 3, 1945).
18. Industrial Health and Safety Survey of
Seattle-Teacoma Shipbuilding Corp. Plant "A" and "B", Seattle, Washington, at 4, 26 (July 2-7, 1943).
19. Re-Inspection Report, Safety and Industri al Health, Walter Rutler Shipbuilders, inc., Superior Wisconsin, at 2-3 (September 21, 22, 23 and 27, 1943).
20. Industrial Health Survey of the Federal Shipbuilding and Dry Dock Co. , Kearny, New Jersey, at 14 (August
30-31, September 1-2, 1944). 21. Industrial Health Re-Survey of Cramp
Shipbuilding Company, Philadelphia, Pennsylvania, p. 8 (February
14-16, 1945).
22. Industrial Health and Safety Rc-Survey Commercial Iron Works, Portland, Oregon at 13 (March 16-19, 1945).
23. Industrial Health Re-Survey, Walsh-Kaiser Company, Inc. , Providence, Rhode Teland, at 5 (June 26-27, 3.945) .
24. Industrial Health and Safety Re-Survey, Todd pacific Shipyards, Inc. (formerly Seattle-Tacoma Shipbuild ing Corp.) Seattle, Washington, at 5 (July 12-20, 1945).
5
Q. 10. please identify each document this defendant used to allege and/or prove in the Rene A. Dube va. Eaale-Picher industries, inc.. et al.; Civil Action Docket No. 83-0224 P, United States District Court, District o Maine, that "phs" (Portsmouth Naval Shipyard) extensive knowledge concerning the hazards of asbestos is no less impressive than the government's and the Navy's. This record demonstrates that at least as early as the 1940's, PNS was aware of the health hazards related to the use of asbestos Insulation products in shipbuilding."
A. 10. The following is a list of the PNS-related
documents offered by the Third-Party Plaintiffs and admitted in
the Dube case:
1. NAVSHIPS Instruction 5100.26 dated 2/9/71.
2. Memo dated 3/27/73 re: industrial hygiene
investigation on fibrous glass and asbestos work; report on.
3. NAV0RDINST 5100.21 re: Safety Handbook for
Pipefitters.
From Bureau of ordnance undated. 4. Memo dated 6/15/77 ret acbcctoe
elimination substitution/personnel protection. Enclosures -
Lessons learned - Naval Shipyard Xabestos Audit.
5. Memo from ih lab to Yard Medical officer
dated 7/31/45.
6. Letter to Lieutenant F. viles dated
8/1/45.
I. Letter rrora W.E. rleiucher, LCDR, MC, USNR to Lieutenant J.E. Fuller H(S), USNR dated 8/3/45.
8. Letter to W.E. Fleischer to Cap. S.A.
Eckert dated 8/3/45. 9. Letter dated 8/6/45 from J.E. Fuller to
Lieutenant Commander w.r. Fli*ch*r.
10. Memo dated 8/S/57 re: ventilation of
asbestos room.
11. Article, Safety Review, Vol. 19, No. 10
dated 10/62.
6
12. Homo dated 10/25/63.
13. Memo date 6/10/64.
14. Memoranda dated 2/18/65 - 4/16/66.
15. Memo dated 2/18/65. 16. Handwritten memo to file dated approx.
9/13/67.
17. Memo dated 5/9/69.
18. Monthly/Quarterly Industrial Health
Reporte (27) dated 1955-1972.
19. Memo dated 2/16/70 re: inspection of
asbestos handling processes in building 7.
20. Memo dated 4/17/70 re: Proposed NAVSHIPS Instruction 5100 - Control of Asbestos Hazards.
21. Memo dated 10/19/71 re: industrial hygiene
inspection of asbestos facility building 2.
22. PTSMH NAVSHIPYD INSTRUCTION 5100.70A dated
2/11/72 re: control of asbestos exposure hazards. Enclosure -
warning signs.
23. Memo dated 3/24/70 re: Proposed NAVSHIPS
instruction 5100, ''Control of Asbestos Hazards". proposed navships instruction oioo.
Enclosures -
24. Memo dated 6/27/72 re: disposal of dis
carded and scrap asbestos materials.
25. Memo dated 1/16/73 re: asbestos containing
fire-retardant decorative materials (precautions for handling).
26. Memo dated 3/27/74 re: removal of asbestos
materials (recommendations for) .
27. Memo dated 12.17.74 re: industrial vacuum
cleaners for asbestos work (recommended for). 28. Audit from NAVSEA to PNS dated 9/20-22/77
re: asbestos elimination.
29. Memo dated 9/29/77 re: NAVSEA Audit of asbestos program, action on findings. Enclosures - draft of NAVSEA report of subject audit.
7
J
30.
from Navy Department.
31. from Navy Department.
32.
Safety Review, Vol. 19, No. 10 dated 10/62 Safety Review, Vol. 4, No. 10 dated 10/47 Safety Review, Vol. 4, No. 9 dated 9/47
from Navy Department. 33.
Safety Review, Vol. 4,
No. 8 dated 8/47
from Navy Department. 34.
Safety Review, Vol. 4,
No. 7 dated 7/47
from Navy Department. 35.
Safety Review, Vol. 4,
No. 2 dated 2/47
from Navy Department.
36. from Navy Department.
37.
Safety Review, vol. 4, No. 1 dated 1/47 safety Review, vol. 3, NO. 8 dated 8/46
from Navy Department. 38.
Safety Review, Vol. 3, NO. 7 dated 7/46
from Navy Department.
39. Safety Review, Vol. 3, No. 6 dated 6/46
from Navy Department.
40. from Navy Department.
Safety Review, Vol, 3/ No. 4 dated 4/4C
41. Safety Review, Vol. 3, No. 3 dated 3/46
from Navy Department.
42. rrom Navy Department.
Safety Review, Vol. 3, No. 2 dated 2/46
43 . 9/20/77 Asbestos Elimination/Substitution/
Personnel Protection Program Audit Comment.
44, Inventory of PNS Hedical Library.
45. PNS Medical Library.
Refer to Answer to interrogatory wo. 9.
Q. 14. Does this defendant take the position or allege in this case that the hazards or dangers of asbestos-containing
8
insulation products were not Known until the year 1964 or later
years?
A. 14. Yes.
Q. 15. Please state the names and addresses of the
attorneys who represented this defendant in the case of Rene A.
Dube vs. Eacrle-Plcher Industries. Ino. . et al.; Civil Action
Docket No. 83-0224 P, United States District Court, District of
Maine.
A. 15. Peter J. Rubin, Esq., and Linda A. Monica, Esq., Bernstein, Shur, Sawyer & Nelson, 100 Middle St.., Portland,
Maine.
Q. 16. Please identify all witnesses who testified on behalf of Celotex, Eagle Picher, Owens-Illinois and Raymark as to when it was known concerning the dangers and hazards from the use of asbestos-containing products in the Dube case referenced in Interrogatory No. 10. Also, please state the yoars these dangers
and hazards were known concerning the use of asbestos-containing
products relating to this testimony.
A. 16. The following are the PNS-related witnecscs who testified in Dube:
William Hushing Rurus Jasper Alexander Munton Leo Tanguay Raymond Sullivan William Moorenovich John Kelleher Conrad Beaudoin
Janes Dike
Earl chabot Elmer Westfall
9
1
Based upon the evidence in the Dube case, the Court found that the United States knew of the dangers of household exposure to asbestos beginning in 1965.
Q. 17. Please identify all witnesses who testified on behalf of Celotex, Eagle Picher, Owens-Illinois and Raymark as to whan it was known concerning the dangers and hazards of develop ing mesothelioma from asbestos exposure in a non-oaoupational setting, i.e., housewives and children being exposed in the homes to the asbestos dust from the husband's and father's work clothe s, in the Dube case referenced in Interrogatory No. 10. AIbo, please state the year these dangers and hazards were known concerning the types of asbestos exposure referred to in this interrogatory.
A. 17. William Hushing; Alexander Munton? and Elliott Kagan. Based upon the evidence in the Dube case, the Court found that the United States knew of the dangers of household exposure to asbestos beginning in 1965.
Q. 18. Please state the name of all insurance carriers that have, will or possibly may pay any defense costs in this case or any portion of a possible judgement for the plaintiff.
A. 18. United Insurance Co., Owens-Xnsurance, Ltd., American siak Management, Inc., International Risk Management, Ltd., Armrisk, Inc., General Re Corp., and Aetna Casualty and Surety Company.
Q. 19. Please state the year, style of case or claim, court where filed for any claim or lawsuit against this defendant
concerning dust diseases. This defendant is United to clains
and lawsuits before the year 1946.
10
A- 19.
This dafendant ia not auar of any claim or
lawsuit against it concerning dust diseases.
fi i
11 I
Respectfully submitted, STRONG/ PIPKIN, NELSON & BISSELL
State Bar No. 06854300
1400 San Jacinto Building
595 Orleans
Beaumont, TX 77701-3255
(409) 835-4581
(409) 835-0914 (FAX)
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ATTORNEY FOR DEFENDANT, OWENS-ILLINOIS, INC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and
foregoing has been sent Certified Mail to Plaintiffs' counsel,
Robert E. Ballard, Esq., to the all other known counsel of record
by regular mail on this <^_[f>day of
. 1990.
17\7213
Richard O. Faulk
AFFIDAVIT
STATE OF OHIO COUNTY OF LUCAS
)SS: )
A H. SMITH, being duly sworn according to law, deposes and says that he is an Assistant Secretary of Owens-Illinois, Inc., a defendant herein; that as such he is authorized to make an Affidavit on its behalf; and that the facts set forth in the foregoing DEFENDANT, OWENS-ILLINOIS, INC'S ANSWERS TO INTERROGATORIES, are true and correct to the best of his knowledge, information and belief.
fk M A. H. SMITH
SWORN TO and subscribed
Notary Public My Commission Expires:
PATRICIA A. GREEN Notary Public, Slot* of Ohio
My Commlukxt Expire* D*cffi6r 11, 1991
