Document 6w13g0VoxrbLmB2Bnoy8J2Nw4

FILE NAME: Lone Star Industries (LS) DATE: 2018 Jul 16 DOC#: LS011 DOCUMENT DESCRIPTION: Legal - Plaintiffs First Request for Admissions to Lone Star and Responses Thereto HONORABLE CATHERINE SHAFFER 1 TRIAL DATE: July 16, 2018 2 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 8 9 JUDD M. METZGER, NO. 17-2-01942-9 10 11 v. Plaintiff, PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO 12 AIR & LIQUID SYSTEMS CORPORATION, 13 et al., 14 Defendants. 15 16 Defendant Lone Star Industries, Inc., individually and as successor-in-interest to the Pioneer 17 Sand & Gravel, Inc. (collectively "Lone Star" or "Defendant"), responds to Plaintiffs' First 18 Request For Admissions ("Requests") as follows: 19 REQUEST FOR ADMISSION 20 21 REQUEST NO. 1: 22 Admit that in 1958 Lone Star knew or should have known of the hazards of asbestos (See 23 Attachment 1). 24 RESPONSE: 25 Lone Star admits that there has been testimony provided by one of its corporate PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO Page 1 Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360 1 representatives that because Pioneer Sand & Gravel, Inc. had operations in Washington State in 2 1958, Pioneer Sand & Gravel would have been aware of the provisions of the Safety Standards for 3 Protection against Occupationally Acquired Diseases issued by the Washington Department of 4 Labor and Industries in September, 1958 and any provisions of those standards that applied to 5 asbestos and would have complied with that law, as reflected in the testimony attached as 6 Attachment A to these responses and incorporated by reference into this response. 7 REQUEST NO. 2: 8 Admit that when Lone Star Industries purchased Pioneer Sand and Gravel in 1959, Lone 9 Star was aware that Pioneer Sand and Gravel was involved in the sale and distribution of asbestos- 10 containing products. (See Attachment 2). 11 RESPONSE: 12 Lone Star admits that when Lone Star Industries purchased Pioneer Sand and Gravel in 13 1959 it was aware by virtue of various references in the Vault Document that at times prior to 1959 14 Pioneer Sand & Gravel was involved in the sale of asbestos-containing products. 15 REQUEST NO. 3: 16 Admit that during the period of time Pioneer Sand & Gravel/Lone Star Industries operated 17 as a distributor and distributed asbestos-containing products, you did not warn your customers of 18 the hazards of asbestos. (See Attachment 3) 19 RESPONSE: 20 Lone Star admits that as a distributor of asbestos-containing products it would have relied 21 on the manufacturers of those products to provide warnings of those products and would have 22 passed any warnings on to the purchaser of the products and further admits that it is unaware of any 23 warning provided to it by any manufacturer of an asbestos-containing product, as reflected in the 24 testimony attached as Attachment B to these responses and incorporated by reference into this 25 response. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO Page 2 Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360 1 RESPONSES to the foregoing REQUESTS FOR ADMISSION submitted this 28th day of 2 March, 2018. 3 FOLEY & MANSFIELD, P.L.L.P. 4 5 BY: Howard (Terry) Hi(Jj WSBA #10905 6 Zackary A. Paal, WSBA #45077 Melissa K. Roeder, WSBA #30836 7 asbestos-sea@foleymansfield.com Attorneys for Defendant 8 Lone Star Industries, Inc. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO Page 3 Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360 1 CERTIFICATE OF SERVICE 2 I, Traci Clark, declare that I am employed by the law firm of Foley & Mansfield, PLLP, 999 3 Third Avenue, Suite 3760, Seattle, King County, Washington; that I am over 18 years of age and 4 not a party to this action. 5 [ X ] (By E-mail) I caused the foregoing document(s) to be delivered via e-mail to firms and 6 persons whose email addresses are listed next to the name of the party represented as listed below: 7 Counsel for Plaintiffs 8 Glenn S. Draper Brian F. Ladenburg 9 BERGMAN DRAPER OSLUND 821 2ndAvenue, Suite 2100 10 Seattle, WA 98104 service@bergmanlegal.com 11 Counsel for G eneral E lectric Company 12 Christopher S. Marks Erin P. Fraser 13 TANNENBAUM KEALE LLP 601 Union Street 14 Two Union Square Suite 4253 15 Seattle, WA 98101 Seattle.asbestos@tktrial.com 16 Counsel for Saberhagen H oldings, Inc. 17 Timothy K. Thorson CARNEY BADLEY SPELLMAN, PS. 18 701 Fifth Avenue, Suite 3600 Seattle, WA 98104 19 asbestos@carneylaw.com Counsel for Asbestos Corporation Lim ited Mark B. Tuvim Kevin J. Craig GORDON & REES, LLP 701 Fifth Avenue, Suite 2100 Seattle, WA 98104 SEAAsbestos@gordonrees.com Counsel for Metropolitan Life Insurance Company Richard Gawlowski WILSON, SMITH, COCHRAN & DICKERSON 901 Fifth Avenue, Suite 1700 Seattle, WA 98164 Metlifeasbestos@wscd.com 20 I declare under penalty of perjury under the laws of the State of Washington that the 21 foregoing is true and correct. 22 Executed on the 28th day of March, 2018 at Seattle, Washington. 23 24 25 PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO Page 4 Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360 ATTACHMENT A 544 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 2 IN AND FOR THE COUNTY OF KING 3 4 KATHLEEN McCARTHY-BROOKE, ) 5 Individually and as Personal ) 6 Representative of the Estate of JAMES ) No. 16-2-21021-0 SEA 7 M. BROOKE, ) MORNING SESSION 8 Plaintiff, ) 9 vs. ) 10 LONE STAR INDUSTRIES, ) 11 Defendant. 12 13 VERBATIM TRANSCRIPT OF PROCEEDINGS 14 15 Heard before the Honorable Judge Timothy A. Bradshaw, at King 16 County Courthouse, 516 Third Avenue, Room E-746, Seattle, 17 Washington 18 19 APPEARANCES: 20 CRAIG SIMS and CHANDLER UDO, representing the Plaintiff; 21 HOWARD (TERRY) HALL, MELISSA K. ROEDER, and BRIAN SMITH, 22 representing the Defendant. 23 24 DATE: 2-22-18 25 REPORTED BY: KEVIN MOLL, RMR, CRR, CCP Kevin Moll, RMR, CRR, CCP King County Courthouse, Rm. C-912, (206) 477-1584 Seattle, WA 98104 581 1 regulation -- 2 MR. SIMS: May I approach, your Honor? 3 THE COURT: You may. 4 BY MR. SIMS: 5 Q. Dr. Brodkin talked to us yesterday about a regulation 6 dealing with asbestos and the permissible exposure 7 limits in the State of Washington that was enacted in 8 1958 . 9 Can you please tell us everything that Lone Star did 10 the 1$58 asbeatos regulation 11 within Washington state? 12 A. Well, I don't know the detail, or any details, to be 13 specific, but Lone Star and its subsidiaries, general 14 here I shouldn't say generally. They always 15 complied with any state regulations that might be out 16 there, so wherever tie tiere located, we were responsible 17 for complying with all state, federal, locations -- I 'nv 18 sorry, regulations. 19 flli So you would agree that if there were, in fact, a 20 regulation in place, dealing with asbestos hazards and 21 asbestos dust m the St 22 23 24 25 KEVIN MOLL, CSR (206) 296-9709 ATTACHMENT B 641 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 2 IN AND FOR THE COUNTY OF KING ' 3 4 KATHLEEN McCARTHY-BROOKE, 5 Individually and as Personal 6 Representative of the Estate of JAMES No. 16-2-21021-0 SEA 7 M. BROOKE, AFTERNOON SESSION 8 Plaintiff, 9 vs . 10 LONE STAR INDUSTRIES, 11 Defendant. 12 13 VERBATIM TRANSCRIPT OF PROCEEDINGS 14 15 Heard before the Honorable Judge Timothy A. Bradshaw, at King 16 County Courthouse, 516 Third Avenue, Room E-746, Seattle, 17 Washington 18 19 APPEARANCES: 20 CRAIG SIMS and CHANDLER UDO, representing the Plaintiff; 21 HOWARD (TERRY) HALL, MELISSA K. ROEDER, and BRIAN SMITH, 22 representing the Defendant. 23 24 DATE: February 22, 2018 25 REPORTED BY: Joanne Leatiota, RMR, CRR, CCP Joanne Leatiota, RMR, CRR, CCP King County Courthouse, Rm. C-912, (206) 477-1578 Seattle, WA 98104 721 1 Q. You mentioned, I believe, in your testimony in response 2 to some questions from Mr. Sims, that you recalled some 3 material from Quigley that described Insulag as 4 non-injurious. Do you recall that? 5 A. Yes, s i r . 6 Q. I'm showing you what has been marked as Exhibit 224. 7 Is that what you were referring to? 8 A. Yes. I had seen that document before. 9 Q. Is this the type of information that a company like 10 Pioneer Sand & Gravel or Lone Star would receive from a 11 manufacturer where the company was a distributor and 12 then going to resell it? 13 MR. SIMS: Objection as to speculation, lack of 14 foundation. 15 THE COURT: You may answer if you know. 16 A. Well, it appears to be a description sheet of what the 17 product was and what it contained, and it would have - 18 if it was provided to the people buying it, then they 19 would have had -- they would have had that information. 20 BY MR. HALL: 21 'f i l l 22 23 t i j; j % 24 25 iif I e s i :.1#:d' I' Joanne Leatiota, RMR, CRR, CCP King County Courthouse, Rm. C-912, (206) 477-1578 Seattle, WA 98104 722 1 2 :1.^:;S.::a :: 3 li 4 illi filili 5 6 be passed on to whoever the product was sold to, 7 correct ? 8 A. Tha't'~~'S""'the general way business works. If you receive 9 a document or papers or ~~ in today's climate, it's the 10 MSDS report that goes with most everything that goes 11 out with your shipments as to w h a t 's in the product, 12 what hazards may or may not occur. 13 Q. Mr. Sims, I think, talked about and he might have 14 pointed out about various regulations for various 15 states. Do you recall that? 16 A. Yes. 17 Q. And he mentioned Washington as being one of those 18 states? 19 A. I believe he did, yes. 20 Q. I would like to show you the safety standards from 21 September of 1958. I think I'm going to need a new 22 number for this . 23 THE CLERK: This would be Defendant's Exhibit 24 Number 1321. 25 MR. HALL: Your Honor, at this point, for Joanne Leatiota, RMR, CRR, CCP King County Courthouse, Rm. C-912, (206) 477-1578 Seattle, WA 98104