Document 5kwEj1BGnepwGx2YxGzJq8owV

FILE NAME Paccar PAC DATE 2012 Jan 4 DOC PAC017 DOCUMENT DESCRIPTION Legal - Paccar's Responses to Plaintiffs Standard Friction Interrogatories Prince v A.W. Chesterton Ex N EXHIBIT N MTC MTC Deadline MADELINE L. BUTY SBN 157186 DREXWELL M. JONES SBN 221112 2 BUTY & CURLIANO LLP 555 - 12th Street Suite 1280 3 Oakland CA 94607 Tel 510.267.3000 4 Fax 510.267.0117 Email mlb@butycurliano.com 5 dmj@butycurliano.com RECEIVED JAN 09 09 2012 6 Attorneys for Defendant PACCAR INC 7 THE SIMMONS FIRM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - UNLIMITED JURISDICTION 10 11 ORA PRINCE individually and as successor ) No. BC 453377 interest to JESSIE PRINCE JR deceased and ) 12 SHERRY BEVERLY as legal heir JESSIE ) PACCAR RESPONSES TO PRINCE JR deceased } PLAINTIFFS STANDARD FRICTION 13 }) INTERROGATORIES SET ONE Plaintiffs } 14 ) V. 15 ) Action Filed January 20 2011 ) Trial Date None Set A.W. CHESTERTON COMPANY et al ) 16 ) Defendants +) 17 18 PROPOUNDING PARTY 19 20 RESPONDING PARTY 21 SET NUMBER ORA PRINCE individually and as successor to JESSIE PRINCE JR deceased and SHERRY BEVERLY as legal heir to JESSIE PRINCE JR deceased Defendant PACCAR INC One 22 PACCAR Inc PACCAR hereby responds to Plaintiffs Standard Friction Interrogatories 23 Set One solely on behalf of its unincorporated truck divisions which are the subject of the claims 24 asserted against it in this litigation 25 PRELIMINARY STATEMENT 26 27 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 555-12TH STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 These responses are provided only for those products to which Plaintiffs have alleged exposure These responses are based on an ongoing review of PACCAR's documents and information obtained from ongoing discussions with various PACCAR personnel Much of the 1 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE information requested dates back many years and is difficult or impossible to reconstruct or 2 retrieve Therefore PACCAR reserves the right to amend these responses if more information 3 becomes available 4 PACCAR prepared these responses with the assistance of counsel No single employee 5 officer or agent of PACCAR has hand knowledge regarding each and every response The person signing these responses does so to satisfy whatever requirements may exist under the 6 applicable rules regarding verification That person is informed and believes that the information known as of the date of his signature supports the responses below GENERAL OBJECTIONS 10 To the extent these interrogatories seek corporate knowledge it is impossible for 11 PACCAR to set forth the collective knowledge of all of its past or present employees PACCAR 12 reserves the right to revise correct supplement and amend its responses to provide information 13 discovered subsequent to the responses contained herein To preserve its objections PACCAR 14 asserts the following objections and incorporates each by reference into each and every response to 15 plaintiffs interrogatories set forth herein 16 A. PACCAR asserts the right to object on the grounds of competency privilege 17 relevancy materiality or any other proper ground to the use of any said responses for any purpose 18 in whole or in part in any subsequent step or proceeding in this litigation 19 B. PACCAR asserts the right to object on any other ground to other interrogatories or 20 other discovery procedures involving or relating to the subject matter of the interrogatories 21 answered herein 22 C. PACCAR asserts the right to revise correct supplement or clarify any of the 23 responses or objections set forth herein at any time and PACCAR reserves the right to object to the 2322 use of these responses at trial or any other proceeding as deemed necessary and appropriate by 2322 PACCAR 2322 D. PACCAR objects to the plaintiffs interrogatories to the extent that they involve 2322 matters outside of the geographical area at issue in this litigation and limits its responses to said 28 & BUTY CURLIANO LLP ATTORNEYS AT LAW 555-12 STREET SUITE 1280 OAKLAND CA 94607 510.267,3000 area 2 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE 1 E. Furthermore these interrogatories ask PACCAR to disclose information most of 2 || which may no longer exist or may not be readily available which is unrelated to the products 3 | which particular plaintiffs allege they were exposed to in this litigation and information which is 4 || also unrelated to the locations at which any PACCAR product was allegedly used the time period 5 | during which any PACCAR product was allegedly in use at any alleged work site or the time 6 || periods during which exposure to a PACCAR product allegedly occurred Thus these 7 | interrogatories seek information which is neither material nor relevant to the issues in this 8 || litigation are overly broad in time scope and location and are otherwise not reasonably calculated 9 | to lead to the discovery of admissible evidence 10 F. These interrogatories are oppressive and burdensome and would require PACCAR 11 to undertake a massive and extraordinary document search the results of which would have little to 12 || no demonstrable bearing on this litigation in light of the alleged exposure Moreover many of 13 || these interrogatories are not susceptible to a response because they request information which dates 14 || back many years and is now virtually impossible for PACCAR to reconstruct or retrieve in its 15 entirety 16 G. PACCAR objects to these interrogatories because they were propounded to harass 17 || and coerce a settlement despite the lack or complete absence of verifiable product identification 18 | and the lack of evidence of injury as a result of alleged exposure to or use of any product which 19 || PACCAR may or may not have manufactured 222 H. PACCAR objects to these interrogatories because they are propounded for an 222 || additional improper purpose namely as a fishing expedition for the purpose of obtaining 222 | information that may be taken out of context by plaintiffs counsel to create allegations against 23 || PACCAR where none may legitimately exist 24 I. PACCAR is responding to these interrogatories solely on behalf of Peterbilt Motors 25 | Company and Kenworth Truck Company as Peterbilt and Kenworth trucks are the only PACCAR 26 || products at issue in this case PACCAR objects to these interrogatories as overly broad in that they 27 || seek information from entities other than itself or its predecessors As such all references in the 28 & CURLCI URA LIN ANO O LLP ATTORNEYS AT LAW 555-12TH STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 3 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 BUTY & CURLIANO LLP ATTORNEYS LAW 555-12 555-12 STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 interrogatories to YOU YOUR COMPANY and THIS DEFENDANT are assumed to refer only to PACCAR's Peterbilt and Kenworth truck divisions J. PACCAR objects to each and every interrogatory that seeks production of any information constituting a trade secret confidential financial data or other confidential research development or commercial information K. PACCAR objects on the basis that these interrogatories are argumentative because they assume that a health hazard is created by the PACCAR products that may have incorporated containing component parts which PACCAR denies L. PACCAR objects to the plaintiffs interrogatories on the basis that they are vague and ambiguous Interrogatories relating to certain diseases fail to provide facts relating to the amount of exposure duration of exposure fiber type in exposure and latency period M. PACCAR objects to plaintiffs interrogatories in that they tend to group together all of the defendants in this litigation and are therefore overly broad unduly burdensome harassing and not calculated to lead to the discovery of relevant and material evidence N. PACCAR objects to each and every interrogatory that calls for either pure speculation or legal conclusions on the part of PACCAR for its answers O. PACCAR objects to each and every interrogatory to the extent that it calls for a medical conclusion beyond the scope of PACCAR's knowledge and capability P. PACCAR objects to each and every interrogatory that purports to impose any obligations on it that are not set forth in the California Code of Civil Procedure Q. PACCAR objects to each and every interrogatory to the extent that it seeks information protected by the attorney privilege and attorney product doctrines R. PACCAR objects to each and every interrogatory to the extent that it seeks disclosure of information generated by persons other than PACCAR that has come into the possession of PACCAR's counsel during the course of discovery and trial preparation in asbestos- related litigation S. PACCAR objects to each and every interrogatory to the extent that it seeks information for any period subsequent to decedent's alleged exposure 4 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE T. PACCAR objects to each and every interrogatory to the extent that it seeks 2 information which is not under PACCAR's custody or control or which is within the public domain 3 or otherwise equally available to plaintiffs as it is to PACCAR 4 Despite the objections which are preserved for the record PACCAR is providing responses 5 to the interrogatories contained herein to the best of its ability Without waiving any of the 6 foregoing objections PACCAR states as follows 7 RESPONSES TO INTERROGATORIES 8 INTERROGATORY NO 1 9 With respect to the individual verifying these answers on your behalf state the following a His or her name b His or her present business address and c His or her present job title RESPONSE TO INTERROGATORY NO 1 These responses are based on an ongoing review of PACCAR's documents and information obtained from ongoing discussions with various PACCAR personnel Much of the information requested dates back many years and is difficult or impossible to reconstruct or retrieve Therefore PACCAR reserves the right to amend these responses if more information becomes available PACCAR prepared these responses with the assistance of counsel No single employee officer or agent of PACCAR has hand knowledge regarding each and every response The person signing these responses does so to satisfy whatever requirements may exist under the applicable rules regarding verification That person is informed and believes that the information known as of the date of his signature supports the responses below Rod Curbo Product Safety & Compliance Manager will verify these discovery responses INTERROGATORY NO 2 28 BUTY CURLIANO LLP & ATTORNEYS AT LAW 555-12TH STREET 5 -12TH SUITE 1280 OAKLAND CA 94607 510.267.3000 Please state whether or not you are a corporation and if So state a Your correct corporate name b Your state of incorporation c The date of your incorporation 5 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE d The address of your principal place of business and e Whether or not you have ever held a certificate of authority to do business in the state of California and if so the inclusive dates of each certificate 4 RESPONSE TO INTERROGATORY NO 2 5 Yes 6 a PACCAR Inc 7 b Delaware 8 c 1971 9 d 106th Avenue Bellevue Washington 98004 e PACCAR has been registered to do business in the State of California since January 20 1972 INTERROGATORY NO 3 Have you ever manufactured sold or distributed containing automotive friction products under any other corporate name If so please state each such name and the time during which you were so known or identified RESPONSE TO INTERROGATORY NO 3 28 & BUTY CURLIANO LLP ATTORNEYS AT LAW 555-12TH STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 PACCAR is responding to these interrogatories on behalf of its unincorporated truck divisions Peterbilt Motors Company and Kenworth Truck Company Since the time of Kenworth's acquisition in 1945 it has manufactured Kenworth brand trucks Since the time of Peterbilt's acquisition in 1958 it has manufactured Peterbilt brand trucks Kenworth and Peterbilt did not manufacture containing automotive friction products as PACCAR understands that term Although Kenworth and Peterbilt incorporated certain friction components into their trucks those components were always manufactured by unrelated parties PACCAR did not specify the use of asbestos in these friction components Moreover PACCAR did not know the formulation or chemical composition of those components as such information was the proprietary trade secret of the products manufacturers If those products contained asbestos at some point in time it was because the component manufacturers independently determined that asbestos was a necessary part of the formulation to achieve 6 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE mandated performance specifications Accordingly PACCAR is unable to accurately state when component manufacturers first started utilizing asbestos in their products INTERROGATORY NO 4 4 Since 1930 have you controlled , purchased or in any way acquired any interest of five 5 percent or greater in any company which has mined manufactured produced processed 6 compounded sold supplied distributed and otherwise placed containing automotive 7 friction products in the stream of commerce and if so state 8 a The name and address of said company 9 b The dates you controlled purchased or acquired any such interest and c Set forth the nature of the business as it pertains to such products RESPONSE TO INTERROGATORY NO 4 28 BUTY & CURLIANO ATTORNEYS LAW STREET 510.267.3000 Defendant objects to this interrogatory on the grounds that it is vague and ambiguous Neither Peterbilt Motors Company nor Kenworth Truck Company has acquired an interest in such a company PACCAR's Kenworth and Peterbilt divisions did not use raw asbestos or manufacture containing products rather they assembled and sold heavy duty trucks These vehicles included among other components axles transmissions and engines that were manufactured by various component suppliers PACCAR is informed and believes that some of these assembled component parts may have at various points in time incorporated brakes clutches and gaskets that contained some form of encapsulated chrysotile These products were at all times manufactured by and obtained from various component part suppliers that are unrelated to PACCAR PACCAR did not specify the use of asbestos in these component parts Moreover PACCAR did not know the formulation or chemical composition of these component parts as such information was the proprietary trade secret of the products manufacturers If those products contained asbestos at some point in time it was because the component manufacturers independently determined that asbestos was a necessary part of the formulation to achieve mandated performance specifications PACCAR acquired Kenworth Truck Company in 1945 and Peterbilt Motors Company in 1958 7 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE INTERROGATORY NO 5 2 Since 1930 did you have an ownership interest of five percent or greater in a company that 3 either mines produces or sells raw asbestos fiber If the answer is in the affirmative state the 4 following a | The name of such corporation or entity 6 b The date of incorporation or charter 7 c The state or country of incorporation d Each such ownership interest owned in each corporation setting forth any change in interest 10 e The date such interest was acquired 11 f The date of formation of such corporation or entity 12 g The date such interest changed or terminated if applicable h The name and location of each asbestos mine so owned and i The grade and type of asbestos mined at each mine RESPONSE TO INTERROGATORY NO 5 No. INTERROGATORY NO 6 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 555-12TH STREET SUITE 1260 OAKLAND CA 94607 510.267.3000 Please state whether you have ever engaged in the following activities with regard to raw asbestos fiber since 1930 and if so please state the inclusive dates of such activity a Mining b Milling c Supplying d Importing for sale or distribution as raw asbestos fiber e Processing for sale or distribution as raw asbestos fiber f Distributing g Marketing or h Selling //// 8 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE RESPONSE TO INTERROGATORY NO 6 2 Not applicable 3 INTERROGATORY NO 7 4 If the answer to interrogatory No. 6 regarding raw asbestos fiber is yes please state the 5 following a The trade brand name and generic name of such raw asbestos fiber mined milled 6 supplied distributed processed imported labeled or marketed in any form or quantity between 1930 and 1986 b The dates in regard to each such raw asbestos fiber you ( began engaging in each activity with respect to raw asbestos fiber ii ceased each activity with respect to raw asbestos fiber iii began marketing raw asbestos fibers and iv recalled it from the market if ever c A description of the type and grade of the raw asbestos fiber d A description of the physical appearance and nature of each such raw asbestos fiber including any color coding distinctive marketing or logo e A detailed description of the intended uses of each type and grade of raw asbestos fiber including any limits for each use f The name and address of the suppliers of the raw asbestos fibers to you g Describe all records which set forth any of the foregoing information sufficiently to identify them for discovery purposes and identify the custodian giving name and address of each such record RESPONSE TO INTERROGATORY NO 7 Not applicable INTERROGATORY NO 8 Did you or any of your predecessors in interest manufacture brake shoes brake blocks brake pads brake linings brake bands clutch facings or clutch plates which contained asbestos for 28 BUTY & CURLIANO LLP OAKLAND 510.267.3000 9 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE the following uses at any time since 1930 If yes please identify the products you manufactured 2 and the use or uses for which you manufacture the product 3 a Automobiles duty trucks 4 b Heavy duty trucks 5 c Trailers and 6 d coaches 7 RESPONSE TO INTERROGATORY NO 8 8 Defendant is not a manufacturer of brake or clutch components 9 INTERROGATORY NO 9 10 For each type of containing product identified in response to Interrogatory No. 8 11 please state 12 a The trade brand and generic name by which the product was known since 1930 13 b The date you 14 ) began manufacturing the product 15 15 ii began marketing the product iii ceased to manufacture the product iv recalled the product from the market if ever as a result of asbestos health concerns if any c A description of the type and grade of raw asbestos fiber in the containing product and the range of asbestos fiber by percentage of weight in each such containing product since 1930 d A general description of the physical appearance and nature of each type of containing product including any generally used method of identification of the product such as distinctive markings and logos and the dates inclusive during which they appeared e The names and address of the suppliers of the raw asbestos fiber used in each type of containing product and the time period of supply f The purpose for the inclusion of asbestos in each type of containing 28 BUTCY URLIANO LLP & ATTORNEYS AT LAW 555-12TH STREET 5 -12TH SUITE 1280 OAKLAND CA 94607 510,267,3000 product i.e. binding agent fire retardant etc. 10 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE g The type of shipping package and the range of shipping package dimensions and 2 the inclusive period of time during which you used each such container package or carton 3 h A general description of any printed material or trademark appearing on each type of 4 container package or carton identified in g above and the inclusive period of time during which 5 each such combination of printed material and trademark was used 6 i A general description of any written instructions wrapping or printed insert which 7 was or is placed in the container package or carton with each such product and the inclusive period of time during which each written instruction wrapping or printed insert was placed in the container package or carton ( Whether or not you have in your possession or under your control samples or exemplars of 1 each container package or carton 2 each printed material or trademark appearing thereon or 3 each written instruction wrapping or printed insert mentioned in your responses to g h and i above k Did you place edge codes on the containing products you manufactured and if so during what period of time RESPONSE TO INTERROGATORY NO 9 Not applicable INTERROGATORY NO 10 Did you or any of your predecessors in interest sell or distribute any brake shoes brake blocks brake pads brake linings brake bands clutch facings or clutch plates which contained asbestos for any of the uses listed below at any time between 1930 and 1986 If yes please identify the products you distributed or sold and the use or uses for which you distributed or sold the product 28 BUTY & CURLIANO LLP SUITE 1280 OAKLAND CA 94607 510.267,3000 a Automobiles duty trucks b Heavy duty trucks c Trailers and d | coaches //// 11 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE RESPONSE TO INTERROGATORY NO 10 PACCAR incorporates its preliminary statement and general objections as though set out here in full PACCAR further objects to this Interrogatory on the basis that it is overly broad not limited in scope vague and confusing as without references to multiple products and multiple categories of product Additionally PACCAR objects to the extent that this Interrogatory 6 is not relevant to the plaintiff facilities locations and circumstances at issue in this litigation 7 and to the extent it seeks information not reasonably calculated to lead to the discovery of 8 admissible evidence 9 Subject to and without waiving the foregoing objections On occasion Kenworth and Peterbilt distributed component parts manufactured by unrelated component suppliers for use in heavy duty trucks through their network of independently authorized dealerships PACCAR is informed and believes that the sales of such items were minimal as such replacement components were available a Peterbilt or Kenworth markup dealers and users directly from the component suppliers or third party distributors Upon information and belief PACCAR distributed some replacement brake linings manufactured by Abex to its dealerships on a limited basis PACCAR may have also distributed some replacement clutches manufactured by Spicer to Peterbilt and Kenworth dealerships but this would have similarly been on a very limited basis To PACCAR's knowledge Abex and Spicer were the only suppliers of replacement brake linings and clutches respectively to PACCAR Furthermore Kenworth and Peterbilt did not specify the use of asbestos in any of these component parts Kenworth and Peterbilt did not know the formulation or chemical composition of these component parts as such information was the proprietary trade secret of the products manufacturers If those components contained asbestos at some point in time it was because the component manufacturers independently determined that asbestos was a necessary part of the formulation to achieve mandated performance specifications Accordingly PACCAR is unable to accurately state when component manufacturers first started utilizing asbestos in their 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 555-12TH STREET SUITE 1280 OAKLAND CA 94607 510.267,3000 products 12 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE INTERROGATORY NO 11 2 For each type of containing product identified in response to Interrogatory No. 10 3 please state 4 a The trade brand and generic name by which the product was known since 1930 5 b The date you 6 ) began selling or distributing the product 7 ii ceased to sell or distribute the product 8 iii recalled the product from the market if ever as a result of asbestos 9 health concerns if any c A description of the type and grade of raw asbestos fiber in the containing product and the range of asbestos fiber by percentage of weight in each such containing product since 1930 d A general description of the physical appearance and nature of each type of containing product including any generally used method of identification of the product such as distinctive markings and logos and the dates inclusive during which they appeared In the alternative to describing the markings and logos please identify the manufacturer or distributor of each type of containing product e The names and address of the suppliers of the raw asbestos fiber used in each type of containing product and the time period of supply f The purpose for the inclusion of asbestos in each type of containing product i.e binding agent fire retardant etc. g The type of shipping package and the range of shipping package dimensions and the inclusive period of time during which you used each such container package or carton h A general description of any printed material or trademark appearing on each type of container package or carton identified in g above and the inclusive period of time during which each such combination of printed material and trademark was used 27 i A general description of any written instructions wrapping or printed insert which 28 BUTY & CURLIANO LLP ATTORNEYSATTORNEYS AT LAW 555-12TH STREET SUITE 1280 OAKLAND CA 94607 510,267,3000 was or is placed in the container package or carton with each such product and the inclusive 13 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE period of time during which each written instruction wrapping or printed insert was placed in the 2 container package or carton 3 ( Whether or not you have in your possession or under your control samples or 4 exemplars of ) each container package or carton 2 each printed material or trademark 5 appearing thereon or 3 each written instruction wrapping or printed insert mentioned in your 6 responses to g h and ) above 7 k Did you place edge codes on the containing products you manufactured 8 and if so during what period of time 9 RESPONSE TO INTERROGATORY NO 11 10 Please see PACCAR's answer to Interrogatory No. 10 11 INTERROGATORY NO 12 12 Did you sell or distribute any brake shoes brake blocks brake pads brake linings brake 13 bands clutch facings or clutch plates which contained asbestos to any of the companies or entities 14 listed below at any time since 1930 If yes please identify the products and the use or uses for 15 which you distributed or sold the product 16 a Automobile manufacturers 17 b Private brand account customers within Los Angeles County 18 c Aftermarket or replacement parts retailers within Los Angeles County 19 d | Warehouse distributors who distribute the product under your name within Los 20 Angeles County and 21 e Retailers who sold the product under your name within Los Angeles County 22 RESPONSE TO INTERROGATORY NO 12 23 Defendant objects to this interrogatory on the grounds that it is compound and confusing as 24 drafted Defendant is not a manufacturer of asbestos containing friction component parts On 25 occasion defendant distributed brake and clutch components through Kenworth and Peterbilt's 26 network of independently authorized dealerships PACCAR is informed and believes that 27 the sales of such items were minimal because dealers and users could avoid paying a Kenworth 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 510,287.3000 and Peterbilt markup on these components by simply purchasing them directly from the brake and 14 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22222 22222 22222 22222 22222 27 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 555-12TH STREET OAKLAND CA 94507 510.267.3000 clutch manufacturers themselves or from third party distributors Defendant did not sell to private brand account customers or after market retailers within Los Angeles County as PACCAR understands those terms INTERROGATORY NO 13 If you answered yes to Interrogatory No. 12 please provide the name and address of each entity or company to whom you sold or distributed the product and the inclusive dates of sale or distribution RESPONSE TO INTERROGATORY NO 13 See Response to Interrogatory No. 12 INTERROGATORY NO 14 If you entered into any agreements since 1930 for the rebranding of containing automotive friction products manufactured sold distributed or supplied by another company for resale or distribution by you within Los Angeles County describe the parties to the agreement the duration of the agreement and the names of each product covered by each agreement RESPONSE TO INTERROGATORY NO 14 Defendant objects to this interrogatory on the grounds it is vague ambiguous and overbroad Without waiving said objections defendant responds PACCAR has not located any rebranding agreements at this time Discovery is continuing INTERROGATORY NO 15 Did you purchase or acquire any of the raw asbestos you used processed manufactured supplied distributed labeled or sold from the General Services Administration or any branch or agency of the United States government since 1930 If yes state a The name and address of the agency which supplied the asbestos b The grade and type of the asbestos purchased or acquired c The quantities of each type of asbestos purchased or acquired annually from 1930 . d The means of packaging and e | Any health warnings which accompanied each shipment of asbestos and indicate when the warnings were first made 15 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE RESPONSE TO INTERROGATORY NO 15 2 Not applicable 3 INTERROGATORY NO 16 4 As to each containing product listed in your preceding answers to these 5 interrogatories did you put on such containing automotive friction product or its container 6 any warning of a potential hazard to health resulting from use of exposure to such product If so 7 state 8 a Each warning with particularity including generally the size color location or 9 other content whether the warning was on the product or the product's container or on a tag which accompanied the product b The inclusive dates during which you used each such warning on each of your containing automotive friction products c All changes you made in each warning and the date of such changes d Identify the name and addresses of your custodian of records who presently has possession of samples photographs or documents depicting the above warnings RESPONSE TO INTERROGATORY NO 16 28 CURLCI URA LIN ANO O LLP & AT LAW ATTORNEYS 555-12TH 555-12TH 555-12TH STREET SUITE 1280 OAKLAND CA 94607 510.267,3000 Defendant objects to this interrogatory on the grounds that it lacks foundation and is vague ambiguous and overbroad Without waiving said objections defendant responds Defendant is not a manufacturer of containing automotive friction component parts PACCAR's Kenworth and Peterbilt divisions did not use raw asbestos or manufacture containing products rather they assembled and sold heavy duty trucks These vehicles included among other components axles transmissions and engines that were manufactured by various component suppliers PACCAR is informed and believes that some of these assembled component parts may have at various points in time incorporated brakes clutches and gaskets that contained some form of encapsulated chrysotile These products were at all times manufactured by and obtained from various component part suppliers that are unrelated to PACCAR PACCAR did not specify the use of asbestos in these component parts Moreover PACCAR did not know the formulation or chemical composition of 16 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE 1 these component parts as such information was the proprietary trade secret of the products 2 manufacturers If those products contained asbestos at some point in time it was because the 3 component manufacturers independently determined that asbestos was a necessary part of the 4 formulation to achieve mandated performance specifications 5 Further answering without waiving objection Kenworth and Peterbilt provided service 6 literature authored by their component suppliers to dealers and customers Specifically Kenworth 7 and Peterbilt provided their dealers with master shop manuals that were comprised of a series of 8 three binders which included component supplier service manuals Kenworth and Peterbilt 9 also made these master shop manuals available to users for purchase Additionally Kenworth 10 and Peterbilt provided individual component supplier manuals inside the glove compartments or 11 sleeper compartments of their trucks These manuals would correspond to the particular 12 components specified by the user for a given truck Upon information and belief some of these 13 component service manuals would have contained asbestos warnings starting in the 1970s 14 PACCAR has located a 1978 Rockwell brake maintenance manual containing such a warning 15 INTERROGATORY NO 17 16 Identify all of this defendant's present and former executives officers or other managerial 17 employees who have been deposed by plaintiffs in cases involving automotive repair workers or 18 their heirs who are suing or have sued you for illnesses or injuries allegedly caused in whole or in 19 part by exposure to asbestos dust allegedly created by your containing automotive friction 20 products Identify the name of the case the court of filing the court docket number and the date of 22 the deposition 22 RESPONSE TO INTERROGATORY NO 17 23 A. Malvin Rivenbark & Mary Ann Rivenbark v Fireboard Corp et al 24 B. Alameda County CA C. 22 Case No. 711462-9 26 August 26 1993 27 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 555-12TH STREET STREET SUITE 1280 OAKLAND CA 94607 510.267,3000 A. B. Richard Johnston v Bondex International Inc. King County Washington 17 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE Case No. 08-2-03325-2SEA December 23 2008 Willie and Betty Martin v A.W. Chesterton Company et al 4 B. Los Angeles County CA 5 Case No. BC378790 D. 6 April 28 2009 7 Marlene Goebel et al v Bondex International Inc. et al 00 Los Angeles County CA C. 9 Case No. BC390954 10 June 25 2009 11 Billy Johnson v Advocate Mines A. 12 San Francisco County 13 Case No. 10-275528 14 D. October 1 2010 and November 9 2010 15 A. Chester E. Morrison and Dianne Morrison v Alfa Laval Inc. et al 16 B. Los Angeles County ' D. 17 Case No. BC441029 18 February 24 2011 19 Terrance Obney v Ak Steel Corporation et al 20 Allegheny County PA C. 2 Case No. 10-017444 22 D. August 30 2011 23 INTERROGATORY NO 18 24 Since 1930 did you purchase or otherwise acquire any containing automotive 22 friction product line from another company If so please state for each product line 26 a The date of the contract of sale or acquisition 27 b If you will do so without a motion to product attach a copy of each agreement to 28 BUTY & CURLIANO LLP LAW 510.267.3000 your answers 18 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 555-12 STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 c The trade brand and generic name of each friction product line acquired d The name of the company from whom you purchased each such containing friction product line e The location of any containing friction product manufacturing facilities acquired and the type of products manufactured therein RESPONSE TO INTERROGATORY NO 18 Defendant objects to this interrogatory on the grounds that it is vague ambiguous and overbroad To the extent that this interrogatory seeks information that relates to manufacturers of brake and clutch or other component parts then this interrogatory is not applicable to the responding party as PACCAR never manufactured those component parts INTERROGATORY NO 19 At any time from 1930 to the present have you had insurance against liability for the design manufacture distribution and sale of containing friction products RESPONSE TO INTERROGATORY NO 19 Defendant objects to this interrogatory on the grounds it is vague ambiguous overbroad and calls for a legal conclusion Without waiving said objections defendant responds over the years PACCAR has carried various types of insurance As to whether any such policies would cover the claims asserted herein is unknown to this defendant at this time INTERROGATORY NO 20 If so state a The name and address of each insurance company b The date and number of each policy c The limits of each policy including the deductible d The name address and company position of the person who had custody of each policy RESPONSE TO INTERROGATORY NO 20 Please see PACCAR's answer to Interrogatory No. 19 IIII 19 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE INTERROGATORY NO 21 2 Has any workers compensation claim ever been made against you alleging disability or 3 injuries arising out of exposure to asbestos dust at manufacturing repair or maintenance facilities in 4 the Southern California area If yes please 5 a Identify the date of the claim 6 b Identify the jurisdiction where the claim was filed 7 c Identify the case name and number d State the judgment rendered and e Identify the employer against whom the case was filed RESPONSE TO INTERROGATORY NO 21 Defendant objects to this interrogatory on the grounds that it is vague ambiguous and overbroad Without waiving said objections defendant responds To defendant's current knowledge no INTERROGATORY NO 22 With respect to each product identified in your answers to interrogatory Nos 9 and 11 above please describe a The procedure if any which you recommended or used for installing the asbestos- containing automotive friction product in the vehicle for which it was manufactured b The procedure if any which you recommended or used for removing the asbestos- containing automotive friction product in the vehicle for which it was manufactured c Whether the procedure you recommended or used in the use maintenance or servicing of the containing automotive friction product included ) Grinding ii Arcing iii Beveling or iv Sanding //// 28 BUTY & CURLIANO LLP AT LAW SUITE 1280 OAKLAND CA. 94607 94607 510.267.3000 510.267.3000 //// 20 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE RESPONSE TO INTERROGATORY NO 22 2 PACCAR incorporates its preliminary statement and general objections as though set out 3 here in full PACCAR further objects to this Interrogatory on the basis that it is overly broad not 4 limited in scope vague and confusing as without reference to any particular product 5 and category of product Additionally PACCAR objects to the extent that this Interrogatory is 6 not relevant to the Plaintiff facilities locations and circumstances at issue in this litigation and 7 to the extent it seeks information not reasonably calculated to lead to the discovery of admissible evidence 10 11 12 13 14 15 15 16 17 18 19 20 21 22 23 24 22 26 27 28 BUTY CURLIANO LLP & AT LAW ATTORNEYS 555-12TH 555-12TH 555-12TH STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 Further answering subject to objection and upon information and belief Peterbilt and Kenworth distributed service literature relating to their heavy duty trucks at various points in time This material included service literature authored and published by the component manufacturers regarding the installation removal and maintenance of their products Accordingly this interrogatory is inappropriately directed to PACCAR and should instead be addressed to the component part manufacturers who are in a better position to provide information regarding their recommendations for the installation removal and maintenance of their products INTERROGATORY NO 23 State the names and addresses of your chief medical officers from 1930 until present time listing the periods of time each such medical officer was employed by you and in what capacity RESPONSE TO INTERROGATORY NO 23 Defendant objects to this interrogatory on the grounds it is vague ambiguous overbroad and lacks foundation Additionally PACCAR objects to the extent that this Interrogatory is not relevant to the Plaintiff facilities locations and circumstances at issue in this litigation and to the extent it seeks information not reasonably calculated to lead to the discovery of admissible evidence Without waiving said objections and subject thereto defendant responds PACCAR's Kenworth and Peterbilt divisions did not use raw asbestos or manufacture containing products rather they assembled and sold heavy duty trucks which may during certain periods of time have had encapsulated asbestos containing products as components //// 21 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE 1 PACCAR has at various points in time employed a medical director PACCAR is not able 2 to reconstruct with any particularity the details of any specific individual's employment However 3 PACCAR is informed and believes it employed Dr. J.M. Hughes as a medical director in 1984 and 4 Dr. Francis VonFeldt as a medical director from 1985 to 2000 5 INTERROGATORY NO 24 6 Name the person in the corporate structure to whom the chief medical officer reports also giving that person's position or job title in the corporation 8 RESPONSE TO INTERROGATORY NO 24 9 See response to Interrogatory No. 23 10 | INTERROGATORY NO 25 11 Please state the duties and responsibilities of the corporation's chief medical officer 12 | RESPONSE TO INTERROGATORY NO 25 13 See response to Interrogatory No. 23 14 | INTERROGATORY NO 26 15 Are you or have you ever been a member of the Friction Materials Standards Institute If 16 || so please state the date you first became a member and the inclusive years of your membership 17 | RESPONSE TO INTERROGATORY NO 26 18 To defendant's current knowledge neither PACCAR nor its Kenworth and Peterbilt truck 19 || divisions were corporate members of FMSI 20 | INTERROGATORY NO 27 21 Have any of your employees been members of the Health and Environmental Safety 22 || Committee of the Friction Materials Standards Institute or ever attended any meetings of such 23 || committee If so please state their names membership status inclusive years of membership and 222 || inclusive years of attendance at such meetings 222 | RESPONSE TO INTERROGATORY NO 27 26 Please see PACCAR's answer to Interrogatory No. 26 27 | //// 28 | //// CURLIANO BUTY & ATTORNEYS LLP AT LAW 555-12THSUITE STREET OAKLAND CA 94607 510.267.3000 22 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE INTERROGATORY NO 28 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 Have you received copies of transcribed minutes of the various committee meetings general meetings and Friction Materials Standards Institute Board of Director meetings within one year of such meetings RESPONSE TO INTERROGATORY NO 28 To defendant's current knowledge no INTERROGATORY NO 29 Have you ever been a member of the Industrial Hygiene Foundation or the Industrial Health Foundation and if so please state the years inclusively of such membership RESPONSE TO INTERROGATORY NO 29 To defendant's current knowledge neither PACCAR nor its Kenworth and Peterbilt truck divisions were corporate members of IHF INTERROGATORY NO 30 State the names of all persons who have acted in the capacity of medical librarian for you since 1930 give their current address telephone number and current position with the company RESPONSE TO INTERROGATORY NO 30 To defendant's current knowledge defendant did not employ a medical librarian INTERROGATORY NO 31 Do you subscribe to the United States Public Health Service Bulletin If so please state the date when you first so subscribed to the Public Health Service Bulletin RESPONSE TO INTERROGATORY NO 31 To defendant's current knowledge no 2222 2222 2222 2222 27 28 BUTY & CURLIANO LLP AT ATTORNEYS LAW 555-12 STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 DATED January 5 2012 BUTY & CURLIANO LLP NN By MADELINE BUTY DREXWELL M. BUTY Defendant Attorneys for Defendant PACCAR INC 23 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE VERIFICATION I Rod Curbo declare 1 I am a Product Safety & Compliance Manager for Peterbilt Motors Company and am authorized to make this verification on behalf of PACCAR INC 2. I have read the foregoing PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE and know the contents thereof 3. Certain matters stated in the foregoing answers are not entirely within my personal knowledge The information provided in the foregoing answers was assembled by authorized 10 personnel and counsel 11 4. The matters stated in the foregoing answers are true of my own knowledge except as to 12 those matters which are stated on information and belief and as to those matters I believe them 13 to be true 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is 15 true and correct Executed this 4th day of January 2012 at Denton Texas 16 CalCulpe 17 ROD CURBO 19 20 21 Ora Prince WD Jessie Jr. v PACCAR Inc 22 24 225 26 27 28 1 VERIFICATION PROOF OF SERVICE I am employedin the County of Alameda State of California I am over the years and not a party to the within entitled cause my business addressis 555 12th CA 1280 Oakland 94607 age of eighteen Street Suite I served the attached 6 8 9 10 11 12 13 14 15 16 17 18 19 22 22 2222 2222 2222 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE on the interested parties in said cause by placing a true copy thereof enclosedin a sealed envelope addressed as follows and I caused delivery to be made by the mode of service indicated below SIMMONS BROWDER GIANARIS ANGELIDES & BARNERD 100 North Sepulveda Boulevard Suite 1350 El Segundo CA 90245 Tel 310.322.3555 Fax 310.322.3655 By Facsimile Machine on all parties in said action by transmitting a true and correct copy thereof from our office facsimile machine to the facsimile machine numbers shown in this proof of service and the attached list Following transmission a Transmission Report was received from our fax machine indicating that the transmission had been transmitted without error X By Mail on all parties in said action in accordance with Code of Civil Procedure Section 1013 by placing a true and correct copy thereof enclosed in a sealed envelope in a designated area for outgoing mail addressed as set forth above at Buty & Curliano which mail placed in that designated area is given the correct amount of postage and is deposited that same day in the ordinary course of business in a United States mailbox in the County of Alameda By Federal Express on all parties in said action by depositing a true and correct copy thereof in a sealed envelope for overnight mail delivery with charges thereon fully paid in a Federal Express collection box at Oakland California and addressed as set forth above By Personal Service by causing to be personally delivered a true copy thereof to the addressee above I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed on January 5 2012 at Oakland California 25 26 27 28 BUTY & CURLIANO LLP ATTORNEYS AT LAW 555-12 STREET SUITE 1280 OAKLAND CA 94607 510.267.3000 24 PACCAR INC'S RESPONSES TO PLAINTIFFS STANDARD FRICTION INTERROGATORIES SET ONE