Document 5RMn4zQ46mBZzQDX3O7D5zEe

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 DEFENDANT MACK TRUCKS. INC.'S NOTICE TO ADMIT Pursuant to CPLR 3123, Defendant, Mack Trucks, Inc., herein requests that Plaintiff admit the truth of the following matters, about which Defendant, Mack Trucks, Inc. reasonably believes Plaintiff will not dispute at trial: 1. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, A.E. CLEVITE, INC. 2. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, A.E. CLEVITE, INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 3. Defendant, A.E. CLEVITE, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 4. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, J.P. INDUSTRIES, INC. 5. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, J.P. INDUSTRIES, INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 6. Defendant, J.P. INDUSTRIES, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 7. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, ALLIED SIGNAL, INC. 8. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, ALLIED SIGNAL, INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 9. Defendant, ALLIED SIGNAL, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 2 10. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, BORG WARNER CORP. 11. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, BORG WARNER CORP., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 1 2. Defendant, BORG WARNER CORP., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 13. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, BRIGGS & STRATTON CORPORATION. 14. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, BRIGGS & STRATTON CORPORATION, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 1 5. Defendant, BRIGGS & STRATTON CORPORATION, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 16. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, CARLISLE COMPANIES, INC. 3 17. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, CARLISLE COMPANIES, INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 18. Defendant, CARLISLE COMPANIES, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 19. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, CATERPILLAR, INC. 20. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, CATERPILLAR, INC.,was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 21. Defendant, CATERPILLAR, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 22. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, CUMMINS ENGINE COMPANY. 23. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, CUMMINS ENGINE COMPANY, was injurious and was a substantial contributing factor to his development of peritoneal 4 mesothelioma. 24. Defendant, CUMMINS ENGINE COMPANY, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 25. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, BEAVER DAM PRODUCTS CORPORATION. 26. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, BEAVER DAM PRODUCTS CORPORATION, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 27. Defendant, BEAVER DAM PRODUCTS CORPORATION, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 28. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, CHRYSLER CORPORATION. 29. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, CHRYSLER CORPORATION, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 30. Defendant, CHRYSLER CORPORATION, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with 5 the use of asbestos-containing products. 31. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, DEERE & COMPANY. 32. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, DEERE & COMPANY, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 33. Defendant, DEERE & COMPANY, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 34. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, DETROIT DIESEL CORPORATION. 35. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, DETROIT DIESEL CORPORATION, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 36. Defendant, DETROIT DIESEL CORPORATION, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 37. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, 6 GENERAL MOTORS CORPORATION. 38. Timothy Tinker's exposure to asbestos from working with asbestos- containing products sold by Defendant, GENERAL MOTORS CORPORATION, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 39. Defendant, GENERAL MOTORS CORPORATION, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 40. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, DRESSER INDUSTRIES, INC. (WAUKESHA ENGINES DIV.). 41. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, DRESSER INDUSTRIES, INC. (WAUKESHA ENGINES DIV.), was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 42. Defendant, DRESSER INDUSTRIES, INC. (WAUKESHA ENGINES DIV.), either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 43. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, KOHLER CO. 44. Timothy Tinker's exposure to asbestos from working with asbestos7 containing products sold by Defendant, KOHLER CO., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 45. Defendant, KOHLER CO., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestoscontaining products. 46. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, FEL-PRO INCORPORATED. 47. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, FEL-PRO INCORPORATED, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 48. Defendant, FEL-PRO INCORPORATED, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 49. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, FORD MOTOR COMPANY. 50. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, FORD MOTOR COMPANY, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 51. Defendant, FORD MOTOR COMPANY, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with 8 the use of asbestos-containing products. 52. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, GARLOCK, INC. 53. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, GARLOCK, INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 54. Defendant, GARLOCK, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestoscontaining products. 55. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, KENWORTH TRUCK COMPANY. 56. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, KENWORTH TRUCK COMPANY, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 57. Defendant, KENWORTH TRUCK COMPANY, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 58. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, PACCAR 9 INC. 59. Timothy Tinker's exposure to asbestos from working with asbestos- containing products sold by Defendant, PACCAR INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 60. Defendant, PACCAR INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestoscontaining products. 61. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, LIPEROLLWAY CORPORATION. 62. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, UPE-ROLLWAY CORPORATION, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 63. Defendant, LIPE-ROLLWAY CORPORATION, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 64. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, NAVISTAR INTERNATIONAL TRANSPORTATION CORP. 65. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, NAVISTAR INTERNATIONAL 10 TRANSPORTATION CORP., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 66. Defendant, NAVISTAR INTERNATIONAL TRANSPORTATION CORP., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 67. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, OSHKOSH TRUCK CORP. 68. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, OSHKOSH TRUCK CORP., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 69. Defendant, OSHKOSH TRUCK CORP., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 70. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, PERKINS ENGINES, INC. 71. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, PERKINS ENGINES, INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 72. Defendant, PERKINS ENGINES, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 73. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, PNEUMO ABEX CORPORATION. 74. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, PNEUMO ABEX CORPORATION, was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 75. Defendant, PNEUMO ABEX CORPORATION, either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 76. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, TELEDYNE, INC. 77. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, TELEDYNE, INC., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 78. Defendant, TELEDYNE, INC., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestoscontaining products. 79. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, WIS- 12 CON TOTAL POWER CORP. 80. Timothy Tinker's exposure to asbestos from working with asbestos- containing products sold by Defendant, WIS-CON TOTAL POWER CORP., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 81. Defendant, WIS-CON TOTAL POWER CORP., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 82. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, WAGNER ELECTRIC CORP. 83. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, WAGNER ELECTRIC CORP., was injurious and was a substantial contributing factor to his development of peritoneal mesothelioma. 84. Defendant, WAGNER ELECTRIC CORP., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. 85. During the period 1976 to 1980, Timothy Tinker was exposed to asbestos from working with asbestos-containing products sold by Defendant, W.R. GRACE & CO. - CONN. 86. Timothy Tinker's exposure to asbestos from working with asbestoscontaining products sold by Defendant, W.R. GRACE & CO. - CONN., was injurious 13 and was a substantial contributing factor to his development of peritoneal mesothelioma. 87. Defendant, W.R. GRACE & CO. - CONN., either failed to warn or inadequately warned Timothy Tinker of the potential health hazards associated with the use of asbestos-containing products. TO: Michael A. Ponterio, Esq. Lipsitz & Ponterio, LLC 135 Delaware Avenue Suite 506 Buffalo, NY 14202-2410 David M. Lipman, Esq. 5901 S.W. 74 Street Suite 304 Miami, FL 33143-5186 cc: All Counsel of Record MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Plaza 2 South Orange Avenue Post Office Box 633 Orlando, Florida 32802-0633 Phone: (407) 244-1100 Fax: (407) 423-8796 Attorneys for Defendant, MACK TRUCKS, INC. 14 3ERVICE.L1SI Robert E. Glanville, Esquire Phillips, Lytle, Hitchcock, Blaine & Huber Attorneys for Defendant A.E. CLEVITE, INC. J.P. INDUSTRIES, INC. 3400 Marine Midland Center Buffalo, NY 14203 James Gocker, Esquire Harris, Beach & Wilcox Attorneys for Defendant ALLIEDSIGNAL, INC. The Granite Building 130 East Main Street Rochester, NY 14604 Anna M. DiLonardo, Esquire L'Abbate, Balkan, Colavita & Contini, LLP Attorneys for Defendant BORG WARNER CORP. 1050 Franklin Avenue Garden City, NY 11 530 Carol G. Snider, Esq. Damon & Morey, LLP Attorneys for Defendant Briggs & Stratton Corporation 1000 Catherdral Place 298 Main Street Buffalo, NY 14202-4096 Joseph J. O'Hara, Esq. Schiff, Hardin & Waite Attorneys for Defendant Brockway, Inc. 150 East 52nd Street, Suite 2900 New York, NY 10022-6017 Thomas E. Reidy, Esq. Nixon, Hargrave, Devans & Doyle, LLP Attorneys for Defendant Carlisle Companies, Incorporated Clinton Square P.O. Box 1051 Rochester, NY 14603-1051 Michael S. Komar, Esq. Stenger & Finnerty Attorneys for Defendant Caterpillar, Inc. 1800 Main Place Tower Buffalo, NY 14202 John E. Keale, Esq. Carpenter, Bennett & Morrissey Co-Counsel - Caterpillar, Inc. Three Gateway Center 100 Mulberry Street Newark, NJ 07102-4079 Jeffery F. Baase, Esq. Hurwitz & Fine, P.C. Attorneys for Defendant Cummins Engine Company 1 300 Liberty Building Buffalo, NY 14202-3670 Cynthia Weiss Antonucci, Esq. Lester, Schwab, Katz & Dwyer Attorneys for Defendant Beaver Dam Products Corporation Chrysler Corporation 1 20 Broadway, 38th Floor New York, NY 10271 Michael R. Wolford, Esq. Michael R. Wolford & Associates Attorneys for Defendant Deere & Company 600 Reynolds Arcade Building 1 6 East Main Street Rochester, NY 14614 James W. Whitcomb, Esq. Philips, Lytle,Hitchcock, Blaine & Huber Attorneys for Defendant Detroit Diesel Corporation General Motors Corporation 3400 Marine Midland Center Buffalo, NY 14203 Vincent P. Pozzuto, Esq. Costello, Shea & Gafney Attorneys for Defendant Dresser lndustries,lnc. (Waukesha Engines Div.) One Batery Park Plaza New York, NY 10004 Marc S. Gaffrey, Esq. Hoagland,Longo,Moran,Dunst& Doukas Attoneys for Defendant Kohler Co. 40 Paterson Street P.O. Box 480 New Brunswick, NJ 08903 Richard T. Sullivan, Esq. Sullivan, Benatovich, Oliverio & Trimboli Attorneys for Defendant Fel-Pro Incorporated 600 Main Place Tower Buffalo, NY 14202-3706 Donald Mclean, Esquire Arent, Fox, Kintner, Plotkin & Kahn Co-Counsel for Defendant Fel-Pro Incorporated 1050 Connecticut Avenue Washington, D.C. 20036-5339 Peter R. Bain, Esq. Williams & Harris Attorneys for Defendant Ford Motor Company One Battery Park Plaza 27th Floor New York, NY 10004 Bernadette Weaver-Catalana, Esq. Woods,Oviatt,Gilman,Sturman & Clarke LLP Attorneys For Defendant Gariock Inc. 44 Exchange Place Rochester, NY 14614 Peter S. Marlette, Esq. Damon & Morey, LLP Attorneys for Defendants Kenworth Truck Company Paccar Inc. 1000 Cathedral Place 298 Main Street Buffalo, NY 14202-4096 Mark J. Schaefer, Esq. Hagerty & Brady Attorneys for Defendant Lipe-Rollway Corporation 1010 Chemical Bank Building Buffalo, NY 14202-9443 Thomas M. VanStrydonck, P.C. Attorneys for Defendant Mack Trucks, Inc. 700 Reynolds Arcade 1 6 East Main Street Rochester, NY 14614-183 Robert J. Pearl, Esq. Pearl & Smith Attorneys for Defendant Navistar International Transportation Corp. The Powers Building 16 West Main Street, Suite 141 Rochester, NY 14614-1601 Robert B. Conklin, Esq. Hodgson, Russ, Andrews,Woods Goodyear Oshkosh Truck Corp. 2500 Chase Square Rochester, NY 14604-1921 & Anthony J. Colucci, III, Esq. Block & Colucci, P.C. Attorneys for Defendant Perkins Engines, Inc. 1250 Statler Towers Buffalo, NY 14202 Amalia Pena, Esq. Smith Abbott, L.L.P. Attorneys for Defendant Pneumo Abex Corporation 100 Maiden Lane New York, NY 10038 James S. Nowak, Esq. Gibson, McAskill & Crosby Attorneys for Defendants Teledyne, Inc. Wis-Con Total Power Corp. 69 Delaware Ave.,Ste.900 Buffalo, NY 14202-3866 William P. Keefer, Esq. Albrecht,Maguire,Heffern & Gregg, P. Attorneys for Defendant Wagner Electric Corp. 2100 Main Place Tower Buffalo, NY 14202-3783 Joseph G. Fritsch, Jr. Connors & Corcoran, LLP Attorneys for Defendant W.R. Grace & Co.-Conn. 45 Exchange Street Rochester, NY 14614 Michael A. Ponterio Lipsitz & Ponterio, LLC Plaintiff 135 Delaware Avenue Suite 506 Buffalo, NY 14202-2410 David M. Lipman, Esquire DAVID M. LIPMAN, P.A. Plaintiff Suite 304 5901 S.W. 74th Street Miami, FL 33143-5186