Document 6wLg8ze0OLEJnmkB92zMmK9Eg
FILE NAME: Kentile (KEN)
DATE: 1986 Mar 12
DOC#: KEN024 DOCUMENT DESCRIPTION: Legal - Responses of Defendant Kentile Floors to Plaintiffs' First Set of Interrogatories
ni tu . y
STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF INGHAM
MASON PUBLIC SCHOOLS, et al P la in tiffs
v W. R. GRACE A Co., et al
D e fe n d a n t;
___________________/
F ile No. 84 52860 NZ HON. MICHAEL 6. HARRISON
RGESEN. FREEMAN,
;NEILL and STARK
'NCYS * COUNSELORS
*
IG BE A V E R RO.
E 2*2
r. MICHIGAN 4BOG*
3 13) 4 3 .7 4 (0
RESPONSES OF DEFENDANT KEMTILE FLOORS . TO PLAINTIFFS * FIRST SET OF INTERROGATORIES
Kentile Floors (K en tile ) responds to P la in t if f s ' F irs t Set o f Interrog
atories as follows:
.
GENERAL OBJECTIONS AND LIMITATIONS
These responses are based upon fa c ts known or believed by Kentile at th
time of answering the interrogatories. Much o f the information requested
dates back many years and is d if f ic u lt or impossible to reconstruct or retri
Kentile therefore reserves the righ t to amend i t s answers i f new or better
information becomes available.
Unless otherwise stated in response to a sp e cific interrogatory, these
responses are lim ited to asphalt t i l e containing a small percentage o f
asbestos fib e rs, t o t a lly encapsulated in a homogeneous mixtju-. vTo the'exte
that the interrogatories c a ll for information beyond these lim ita tio n s,
Kentile objects on the grounds that they are overly broad and burdensome, se
information not relevant to the subject matter of th is case, and are not
reasonably calculated to lead to the discovery o f admissible evidence.
Kentile further objects to these interrogatories to the extent that the
seek information that i s subject to the attorney-client p rivile ge that
evidences or constitutes attorney's work product, or that is otherwise not
discoverable under the Michigan Court Rules.
<
PLAINTIFFS
- 1-
EXHIBIT
I
1
SP460278
SP0278
Kentile further objects to these interrogatories to the extent that th< seek production of any information constituting a trade secret, confidentia' financial data, or other confidential research, development or commercial information.
Kentile further objects to these interrogatories on the grounds that tl are unnecessarily repetitive and are therefore oppressive, burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.
Kentile further objects to the p la in t if f s ' attempt to impose any o b li gation upon Kentile to supplement the responses to the interrogatories beyoi the obligations imposed by the Michigan Court Rules.
Kentile further objects to these interrogatories to the extent that th( purport to require Kentile to "id en tify" documents, on the grounds that the] are overly broad and burdensome and not reasonably calculated to lead to th< discovery of admissible evidence.
Without waiving these objections or any objection stated in i t s respon: to these interrogatories, Kentile w ill produce to the p la in t iffs at a mutual agreeable time any and a ll documents responsive to these interrogatories the are relevant and not subject to attorney-client p rivile ge or to the work product doctrine, and that do not contain trade secrets, confidential financ data or other confidential research, development, or commercial information,
BERGESEN. FREEMAN. McKEILL Hid STARK
l ' 'NCYS ft COUNSELORS
EST SIC CAVER RO. SUITE 242
T r o t , Mic h io a n 40ft4
(313) 643-7460
SP460279
/g
. T
J ames E. Behgesen
Mic h a e lL. F reeman
S . David Mc N eill
R. K eith S ta r k *
C G
o a
wa ry
rRd-
A. Tr
S hutti
zaskos
e
I
BERG ESEN , FREEMAN, McNEILL a n d STARK
*2
A t t o r n e y s a n d C o u n s e l o r s a t L aw
3250 WEST SIO BEAVER ROAD
SUITE 303
TROY, M ICHIGAN 4 S O S 4
(313) 6 4 3 * 7 4 6 0
March 12, 1986
*AOMimCD IN MICHIOAMAMQ n O R lO l tAOMITTCO IN MICHIOAN
CALIFORNIA ANO NEW JCNSCY
Ms. Linda Gawel
Insurance Manager Kentile Floors, Inc. 58 Second Avenue
Brooklyn, N.Y. 11215
Re:
Mason Public Schools v Kentile Floors
Mancelona Public Schools v Kentile
Bridgeport-Spaulding Community Schools v Kentile
St. Johns Public Schools v Kentile
St. Joseph Public Schools v Kentile
* Benton Harbor Area Schools v Kentile
Charlotte Public Schools v Kentile
Dear Ms. Gawel:
This w ill confirm that I represent Kentile Floors in the above matters and also acknowledge receipt of your letter of January 16. I am enclosing a copy of the interrogatories served on me by p la in t if f s ' counsel. Arrangements must be made to have them answered as soon as possible.
I have prepared objections to many of the interrogatories because they are overbroad and burdensome, seeking information not relevant to the cases. A copy is enclosed. Relevant documents w ill be made
available for inspection by p la in t if f s ' counsel at a time a o t L p l a c e ^ ' convenient to us. Please le t me know i f you have any questions.
Very truly yours,
Vy , ( in .,* U lJ IJ U . / ' /
S. David McNeill SDM:dr
P la in t iff liste d Kentile Floors in the^caption but somehow his word
processor neglected to name Kentile in the body of the complaint, P la in t if f 's counsel is taking appropriate steps to re ctify th is.
SP460277
SP4S0277
STATE OF MICHIGAN CIRCUIT COURT FDR THE COUNTY OF INGHAM
| MASON PUBLIC SCHOOLS,
P la in tiff
v
W. R. GRACE & CO., a Connecticut corp., et a l ,
Defendants
_________________ /
PATRICK J..BERAROO P10707 | Attorney for P la in tiff
I S. DAVID McNEILL
PI7544
i Attorney for KENTILE FLOORS
No. 84 52860 NZ HON. MICHAEL G. HARRISON
m ic w .
fO o 9 ft t ^
j!
RESPONSES OF DEFENDANT I
!
TO PLAINTIFF'S FIRST SET -, .,,.cKKUbAIORIES
:
KENTILE FLOORS, INC. (Kentile) responds to P la i n t i f f 's F irst Set of
|; Interrogatories as follows:
GENERAL OBJECTIONS AND LIMITATIONS
These responses are based upon facts known or believed by Kentile at the time of answering these interrogatories. Much of the information requested I dates back many years and i s d if f ic u lt or impossible to reconstruct or retrieve. I Kentile, therefore, reserves the right to amend these responses i f new or I better information becomes available.
'
Unless other stated in response to a sp e c ific interrogatory, these
I responses are limited to asphalt t ile containing a small percentage of asbestos
; fib e rs, to ta lly encapsulated in a homogeneous mixture. To the extent that
:! these interrogatories c a ll for information beyond these lim itation s, Kentile
objects on the grounds that they are overly broad and burdensome, seek in fo r
I mation not relevant to the subject matter of th is case, and are not reasonably
j calculated to lead to the discovery of admissible evidence.
:
Kentile further objects to these interrogatories to the extent that they
seek information that is subject to the attorney-client p riv ile g e , that
evidences attorney's work product, or that it is otherwise not discoverable
under the Michigan Court Rules.
Kentile further objects to these interrogatories to the extent that they
seek production of any information con stituting a trade secret, confidential
financial data, or other confidential research, de\ lopment, or commercial
i information.
' .
BERGESEN, FREEMAN, ;;
M cNEILL aod STANK
;
TYORN9YO A COUNSELOR* 190 W U T IO BRAVER RD.
SUITS 903 TROY. MiCHIOAN 49094
(3131 643-7480
-1 -
SP460252
SP46253 "
""
Kentile further objects to these interrogatories on the grounds that they are unnecessarily repetitive and are therefore oppressive, burdensome and not reasonably calculated to lead to the discovery of admissible evidence.
Kentile further objects to the P la i n t i f f 's attempt to impose any ob lig a tio n upon Kentile to supplement the responses to these interrogatories beyond the obligations imposed by the Michigan Court Rules.
Kentile further objects to these interrogatories to the extent that purport to require Kentile to "id e n tify '1 documents, on the grounds that they are overly broad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections or any objections stated in it s responses to these interrogatories, Kentile w ill produce to the P la in t if f , at a mutually agreeable time, any and a ll documents responsive to these interrogatories that are relevant and not subject to attorney-client p riv ile g e or to the work product doctrine and do not contain trade secrets, confidential financial data or other confidential research, development or commercial information.
j
1. Id e n tify the person signing these interrogatories on behalf of
: the answering defendant.
!
1.
2. As to each interrogatory, id e ntify the person(s) and/or documents which furnised information upon which the answer is based in whole or in part. r
i|
2. Kentile objects on the grounds that th is interrogatory is overly
1 broad and burdensome, seeks information not relevant to the subject matter of
' th is case, and is not reasonably calculated to lead to the discovery of
! admissible evidence. Without waiving it s objections, Kentile states that
! several individuals and voluminous documents were consulted to answer these
; Interrogatories and cannot, without undue burden, be s p e c ific a lly related to
each interrogatory.
I
Pursuant to Rule MCR 2.309 (e ), Kentile w ill produce to the P lain
t i f f s at a mutually agreeable time, any and a ll documents responsive to these
i! interrogatories that are relevant and not subject to the attorney-client
j p rivilege or the work product doctrine and that do not contain trade secrets,
! confidential financial data or other confidential research, development or
I commercial information.
j'
3. Ide ntify the answering defendant as well as a ll prior names or
' predecessor e n titie s by which the defendant has existed.
ii
3. Kentile Floors, Inc.
!'
Kentile, Inc.
!,
David E. Kennedy, Inc.
4. Id e n tify a ll past and present d iv isio n s, su bsid iaries or a ffilia t e d companies to the answering defendant, and set forth with p a rtic u la rity the precise relationship with the answering defendant and the dates thereof.
BEAQCSEPI. FREEMAN, McNEIlL aM STARK TTORMBYS COUNSELOR H O W E ST B IS SCAVKIt RO.
S U IT! S3 Tr o y, M ichiaam a s m s
1313) 04 3*74 60
4. Kentile objects on the grounds that th is interrogatory is overly broad and burdensome, seeks information not relevant to the subject matter of th is case, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving it s objections, Kentile responds to the interrogatory as follows:
-2-
SP460253
SP460253
I
Crest Flooring - subsidiary. Wholesale d istrib u tio n of flo o r covering products, including Kentile. March 1980 to present.
5. Have you ever mined asbestos? I f so, as to each mine, state the fo llo w in g:
a) location
b) dates of operation by you
c) type (e.g. c h ry so tile , amosite, e tc .) produced;
d) grade of each type of asbestos fib e r produced, the percentage
i of each grade as to the total fib e r produced by year or other period, and
the recommended use of the grade of fiber
e) gross annual sales in d o lla rs and in volume for each type and
grade of asbestos fiber
f) your relativ e market share for each type and grade of asbestos
I fib e r for each year or other period
j
g) a ll other constituents in each end product, the percentage
j thereof and the ide n tity of a ll records as to the same
j
h) the ide ntity of each physician, ind ustrial hygienist, nurse,
| or medical or health o ffic e r and the dates thereof
I
!
i ) the ide ntity of each mine supervisor or works manager and each
q u a lity control superintendent and the dates thereof
;
i
j) a fu ll and presicse description of the package in which the
; asbestos fiber was sold, including, but not lim ited to, type of package, size,
` colors, and w ritings thereon
;
k) a ll names under which the asbestos fiber was sold
1) the ide n tity of a ll records re fle ctin g the sale or transfer
, of said asbestos fiber
!i
m) the ide ntity of the custodian of actual containers or photo
: graphs of containers of the asbestos fiber
n) the verbatim content of each warranty or guarantee applicalbe
j: to asbestos fiber
ji
o) the verbatim content of any warning which accompanied the
package, and the dates thereof
I
j
p) the address of each sales office and sales region for the sale
|| of the asbestos fiber
!
q) the name of each authorized d istrib u to r of the asbestos fiber
produced
r) the ide ntity of a ll sales literatu re pertaining to the asbestos
fib e r produced
s) the identity of each owner and operator of the mine prior to the
i date you f ir s t began operation of the mine and the dates thereof, and
1
t) the ide n tity of each owner and operator of the mine subsequent
j to your ceasing operation of the mine.
:
5. No.
|
6. Have you ever m illed asbestos? I f so, state the dates you were
); involved in the m illin g of asbestos, and the locations of your m illin g f a c i l i t i e s
ji
6. No.
7. Have you ever sold raw asbestos fiber? I f so, state the dates you
were involved in the sale of raw asbestos fiber and describe the circumstances
I of your involvement.
I
j
7. No.
SERGESEN, F R EE*.
I
8. L ist by brand name every product containing asbestos which you have
'e ve r manufactured. As to each such product, state the follow ing:
M 'H E IL L ind STARK
TOHNCVS * COUNBeiONS
,90 w c r r o io otAve ft no. tli'T I lO l
TflOY. MlCHIOAN 4*0*4
013) 643-7400
SP460254
'
'S P 4 6 0 2 $ '4l
l
a) type of product (e.g. acoustical p laste r, fireproofing, etc.)
b) the date the product f i r s t went into production
I
c) the la st date the product was produced
!
d) the la s t date the product was sold
e) a ll manufacturing locations
f ) dates of manufacture at each location
g) the ide ntity of each plant manager or works manager and each q uality control superintendent at each location during said production and the dates thereof
h) the ide ntity of each physician, in d u strial hygienist, nurse or medical or health o ffic e r at each location from the date the product was f i r s t manufactured there unti the present, and the dates thereof
i ) the percentage of asbestos, and the dates and a ll reasons for any modification thereto
j ) the type of asbestos
k) the sp e c ific source of asbestos with dates
l ) the color, physical ch aracteristics and appearance of the produci
m) a fu ll and precise description of the package in which the
product was sold, including, but not limited to, type of package, size, colors and w ritings thereon
n) a ll other names under which the product was sold
o) the number and date of each patent or patents application
as to the product
!
j
p) i f the product continued to be produced after the deletion of
asbestos, a ll reasons why the asbestos was deleted, the ide ntity of the person
i who made the decision to delete the asbestos, and the date the product was f i r s t produced without the asbestos
q) i f the product is no longer produced, a ll rea ons i t was d is-
| continued, the ide n tity of the person who made the decision to discontinue the
; product, the brand name of the replacement product and the date the replace-
1 ment product f i r s t went into production
i
|]
r) a precise description of your ide ntifying logo or i n i t ia ls and '
I the dates of inclusion on the product
|!
s) the ide n tity of the custodian of actual containers or photo
graphs of containers of the product
!
t) a ll other names under which the product was sold
;
u) the approximate area (e.g. square feet or linear feet) which
I each package of the product would cover
v) the suggested re ta il price for each package of the product for I each year the product was produced, and
i
w) the method of application (e.g. spray, trowel, etc.)
;;
8. Kentile objects on the grounds that th is interrogatory is overly
i. broad and burdensome, seeks information not relevant to the subject matter of
j th is case, and is not reasonably calculated to lead to discovery of admisible
li evidence. Without waiving it s objection, Kentile answers the interrogatory
! as follows:
i!
|j
8. Reinforced vinyl t il e ; vinyl composition t il e ; asphalt t ile .
BCNGESEN. M CENAN. McNEILL M l STANK
TTORNEYB COUNSELORS ISO W U T a ta M A Y S * so.
SUITE SOS T r o , m ic h io a n soba
(313) 643-7*00
a) R e silie n t flo o r t ile (RFT) and vinyl sheet floorin g (VSF). b) RFT - December 1906
VSF - December 1966 c) RFT currently being produced
VSF -September 1969 d) RFT currently being sold
VSF - December 1969 e) 58 Second,Avenue, Brooklyn, NY
4532 S. KoTin Ave., Chicago, IL Kentile Road, South P la in fie ld , NJ
Torrance, CA
-4-
SP460255
M602S5
f) (i) (ii)
(iii) (iv)
RFT RFT RFT VSF -
Brooklyn, N.Y 1906 Chicago, IL 1949 Torrance, CA 1959 So. P la in fie ld , NJ
- 1977 1966 -
1969
g) Objection on the ground that the question is not reasonably calculated to lead to the discovery of relevant evidence
h) Objection on the ground that the question i s not reasonably calculated to lead to the discovery of relevant evidence
1) Product composed of approximately 753! f i l l e r and 253! binder. Chrysotile asbestos at 10-15* of total product. No sig n ific a n t changes in composition. Percent changes 1n ingredients have taken place, i.e . an in crease in f i l l e r and a decrease in asbestos for competitive and economic
reasons.
j) Chrysotile
i
k) Johns Manville Corp. Asbestos. Quebec, Canada 1950 - 1961
Union Carbide Corp.
Niagara F a lls, NY 1956 to date
Carey Canada Corp.
East Bringham Station, Canada
1969 to 197B
A tla s Asbestos Co.
c/o Huxley Development, NYC
1969 to 1978
1) Product is sold in so lid squares, 9 x 9 or 12 x 12, numerous colors. Asbestos i s encapsulated in the so lid t ile .
i
mj Corrugated cardboard cartons, tan or white in color. Sizes of
li cartons made to hold 45 square feet of t ile s of various gauges. Name of
' company, size of t il e s , package handling instru ction s, sty le , color and code
ii number on each carton.
:
" ) See Answer to 8.
!
> No patents
p) Not applicable
! ^ Not applicable
!
r) See attached copy of logo
;
Kentile Floors, Inc.
!
t, Not applicable
Ij
u) 45 square feet
l!
v) Objection on the ground that the question is not reasonably
: calculated to lead to the discovery of relevant evidence.
w) In s t a ll on flo o r with adhesive
!
g. L is t by brand name every other product containing asbestos which you
! have ever distributed or sold. As to each such product, provide the infor-
jmation requested in the preceding interrogatory.
i
9. None.
RERGESEN. FREEMAN. MeNEILL WE STARK
niaooDwN iIYn I a*i scaaU*N* vMeL*OmRe* SUITE M3
Tnov. MlCHI** 4 *0*4
(313) 843.7460
-5-
SP460256
10. L is t by brand name every nonasbestos-containing acoustical c e ilin g , c e ilin g texture, fire proo fin g, or insulation product which you have ever manufactured. As to each such product, state the follow ing;
i!
a) type of product (e.g. acoustical p laste r, acoustical c e ilin g
tile , fireproofing, ets.)
b) the date the product f i r s t went into production
c) the la s t date the product was produced
d) the la s t date the product was sold
e) a ll other names under which the product was sold
f ) a fu ll and precise description of the package in which the
product was sold, including, but not limited to, type of package, size,
color, and w ritings thereon
g) the approximate area (e.g. sguare feet or linear feet) which
each package of the product would cover.
h) the suggested re ta il price for each package of the product for
each year the product was produced, and
i ) the method of application (e.g. spray, trow ell, etc.)
||
10. Not applicable
11. L is t by brand name every other nonasbestos-containing acoustical ' c e ilin g , c e ilin g testure, fireproofing, or insulation product which you have 1 ever distributed or sold. As to each such product, provide the information
I requested in the preceding interrogatory.
||
11. Not appl icable
ii
12. L is t by brand name every asbestos-containing spray or troweled
`I applied c e ilin g or fireproofin g product manufactured or distributed by any
' other company of which you are presently aware. As to each such product,
i state the following:
;|
a).your best information as to the manufacturer or manufacturers of
' the product
:
b) your best information as to a ll d istrib u to rs of the product
:|
c) your best information as to the type of product (i.e . acoustical
:| plaster or fire proofin g)
j:
d) your best information as to the dates the product was produced
;
e) your best information as to a ll manufacturing locations of
I the product
j
f ) your best information as to the relative market share of the
|product for each year, or i f unknown, for a group of years.
!
12. Not applicable
1
13. L ist by brand name every nonasbestos-containing spray or troweled
|applied c e ilin g or fireproofin g product manufactured or distributed by any
|j other company of which you are presently aware. As to each such product,
i* state the following:
ij
a) your best information as to the manufacturer or manufacturers of
ji the product b)
your best information as to a ll d istrib u to rs of the
I'
c) your best information as to the type of product (i.e . acoustical
j: plaster or fireproofingO
1
d) your best information as to the dates the product was produced
,i
e) your best information as to a ll manufacturing locations of
h the product
!
f ) your best information as to the relative market share of the
3ERGESEN. FREEMAN. product for each year, or i f unknown, for a group of years. McNEILL uM STARK
TQRNSVS * COUNSELOR! 30 WEST BIO SERVER (IP.
13. Not applicable
SUITS 0 3
Tr o y. M ichioam 4MB4
(313) 6 4 3.74 00
product
SP460257
3 P 0 2 5 7
I
14. State whether or not you have any information or an opinion as
to your relative market share regarding each asbestos-containing spray or
trowel1-applied c e ilin g or fireproofing product for any year for the period
1945 through and including 1973. I f so, as to each year and with respect
i to each type of product, or any subdivisions thereof, provide such information
or opinion as to your market share, and id e ntify each document which provides
any information to a s s is t you in this determination.
14. Not applicable
15. State the follow ing with respect to each asbestos-containing construction product ever manufactured or distributed by you:
a) A ll reasons why asbestos was used as an ingredient
b) A ll other materials which could have performed the same
! function in a sa tisfa cto ry manner
I
c) the verbatim content of each warranty or guarantee applicable
to the performance or safety of the product, and the applicable dates of each.
15. Kentile objects on the grounds that this interrogatory is overly broad and burdensome, seeks information not relevant to the subject matter of this case, and is not reasonably calculated to lead to the discovery of admissible evidence.
j 15. Have you or anyone acting on your behalf ever conducted any research
! testing, study or an a ly sis pertaining to the q u ality and/or performance of your asbestos-containing construction products to determine the effect of water damage, mold, ru st, condensation, wind, impact, vandalism, again, and other forms of wear, tear and abrasion on the q u ality or performance and/or
i fie ld success or fa ilu re of such products? I f so, state the follow ing;
ji
a) a fu ll description of a ll research, testing, studies or
h analysis undertaken
j
b) the names, present addresses, and employment t it le s of a ll
! persons who participated in any such research, te sts, studies or analyses
:
c) the dates on which a ll such research, te sts, studies or
I analyses were conducted
1
d) the resuls or conclusions reached as a result of such research,
j tests, studies or analyses
!
e) any design changes made in your products as a result of such
!' research, te sts, studies, or analyses; and
l|
f ) any in stru ction s, d irection s, or other information provided to
j1 building owners or occupiers as a result of such research, te sts, studies
I or analyses.
1 16. No.
!l
17. Please state whether you or anyone acting on your behalf ever
h conducted any research, te stin g or studies of any kind to determine whetehr
i any of your asbestos-containing construction products posed any hazards
or dangers to the health or safety of those persons who would u tiliz e , inhabit
i or otherwise occupy buildings or structures in which those products had been
; applied. I f so, set forth in detail:
BERGESEN. FREEMAN, j;
U tN EILl u F STARK
!
attorney* * counselor* ,
1 1 U M U T 1 BEAVER HD, I
j UIT 903
|
T r o y . M ic h is a n 40004
313) 043-7460
a) a fu ll description of a ll research, testing or studies undertaken to determine whetehr said products were safe for such persons
b) the ide n tity of a ll persons who participated in any such research, tests, or studies
c) the dates .on which a ll such research, tests or studies were conducted
d) the re su lts or conclusions reached as a result of such research, tests, or studies
-7-
SP460258
I
e) any design changes made in your products as a result of
| such studies
;
f ) any corrective measures made by you as a result of such studies,
1
g) the ide ntity of a ll documents that in any way relate to the
I conduct of any such research, testing or studies or the resu lts thereof, and
I the identity of the person who has custody thereof.
17. Ho.
18.
Please state whetehr you or anyone acting on your behalf ever con
! ducted any research, te stin g or sutdies of any kind to determine whether any
I of your asbestos-containing construction products posed any hazards or dangers
| to the health or safety of those persons who would apply such products in
I buildings or on structures. I f so, set forth in de ta il:
ji
a) a fu ll description of a ll research, testing or studies under-
n taken to determine whether said products were safe for such persons
j
b) the id e n tity of a ll persons who participated in any such
research, tests or studies
I
c) the dates on which a ll such research, te sts or studies were
; conducted
i
d) the resu lts or conclusions reached as a result of such research,
' tests or studies
1
e) any design changes made in your products as a result of such
; studies
;
f) any corrective measures made by you as a re su lt of such studies,
,
g) the ide n tity of a ll documents that in any way relate to the
1^ conduct of any such research, testing or studies or the resu lts thereof and
i the identity of the person who has custody thereof.
18. No.
19. State the follow ing with respect to the sale of asbestos-containing I.1 construction products during the entire period such products were manufactured ! or distributed by you:
|
a) the name and description of the sales region or regions for the
| sale of construction products, including a ll m odifications thereto, which
i included or serviced th is state, and the dates thereof
!
b) the address of each sales o ffic e located in said sales region
ji or regions and the dates thereof
c) the ide n tity of each sales person who sold construction products
i in th is state and the dates thereof
,
d) the id e n tity of a ll authorized dealers in this state and a ll
1 contiguous states and the dates thereof
1
e) the ide n tity o f a ll documents which refer, re fle ct, or relate
j to the sale, d istrib u tio n or shipment of asbestos construction products
| within said region or regions, including, but not lim ited to, a ll sales
j records, invoices, computer printouts, b i l l s of lading, freigh t b i ll s ,
. shipping orders, or other documents of transfer, and the ide ntity of the person
j or persons who have the custody thereof; and
|
f ) the gross annual sales in d o lla rs and in volume for each
| asbestos construction roduct in said sales region or regions.
8ERGCSEN. FREEMAN. M 'N C lll id STARK OltHIV* A C B U N K L O M o w e ar u a v iH no. uivc sea
BOY. M lC H 'S A N 4 *0 *4
<3131 643 7480
19. Kentile objects on the grounds that th is interrogatory is overly broad and burdensome, seeks information not relevant to the subject matter of th is case, and i s not reasonably calculated to lead to the discovery of admissible evidence. Without waiving it s objection, Kentile answers the interrogatory as follow s:
SP460259
i
SM<025
i
I
32. Kentile objects on the grounds that th is interrogatory is overly broad and burdensome, seeks information not relevant to the subject matter of
th is case, and i s not reasonably calculated to lead to the discovery of admissible evidence.
33. State the follow ing with respect to lung cancer;
a) the date you f i r s t heard i t alleged that there is a causal
connection between lung cancer and the inhalation of asbestos, the identity
of the person and/or document that was the source of such a lle ga tio n , the
identity of the person who received such Information, and the ide ntity of a ll
documents generated as a result of the receipt of such information
b) the date your f i r s t recognized that there is a causal connection
between lung cancer and the inhalation of asbestos, the id e n tity of a ll persons
or documents upon which you relied in a rriv in g at that conclusion, and the
j ide ntity of a ll documents generated as a re su lt of such recobnition
|
c) as to each type of asbestos fiber contained in your asbestos
i products, the minimum dose you contend is su ffic ie n t to cause or contribute
to such condition for a smoker and for a non-smoker.
I
33. Kentile objects on the grounds that th is interrogatory is overly
I broad and burdensome, seeks information not relevant to the subject matter of
li th is case, and is not reasonably calculated to lead to the discovery of
!j admissible evidence.
i
jj
34. State the follow ing with respect to mesothelioma:
I
|
a) the date you f i r s t heard it alleged that there is a causal
connection between mesothelioma and the inhalation of asbestos, the ide ntity
1 of the person and/or document that was the source of such a lle gatio n , the
i| identity of the person who received such inforamtion, and the ide ntity of a ll
: documents generated as a re su lt of the receipt of such Information
j|
b) the date you f i r s t recognized that there is a causa! connection
I between mesothelioma and the inhalation of asbestos, the id e n tity of a ll persons
or documents upon which you relied in arriv in g at that conclusion, and the
ide ntity of a ll documents generated as a result of the receipt of such in fo r-
| mation
c) as to each type of asbestos fiber contained in your asbestos
produits, the minimum does you contend is su ffic ie n t to cause or contribute
|to such condition for a smoker and for a non-smoker.
|
34. Kentile objects on the grounds that this interrogatory is overly
ibroad and burdensome, seeks information not relevant to the subject matter of
't h is case, and is not reasonably calculated to lead to the discovery of
'adm issible evidence.
jl
35. Do you contend that there is any difference between chryso tile fiber,
liamosite fib er, cro cid o lite fib e r, and/or tremolite fib e r in the development of
1mesothelioma or lung cancer? I f so, explain in detail your contention as to
the d istin ction between or among fiber types in the development of each disease.
35.
Kentile objects Oh the grounds that the interrogatory is overly
broad and burdensome, seeks information not relevant to the subject matter of
th is case, and is not reasonably calculated to lead to the discovery of
admissible evidence.
j
36. Do you contend that there is a minimum threshold level of exposure to
8ERGC5CN, FREEMAN, M 'N C IL L and STANK
'asbestos below which there is no risk of developing mesothelioma? I f so, what is i t ?
T-roAMtvs * eouNssions
390
aie H A V8R fID.
SUITR 909
- 12-
T*O Y. M ICHIOAN 4*004
SP460263
l
a)
the precise wording of the warning, caution, or special
instru ction , including a ll m odifications thereto
I
b) the description o f each such printed warning, caution, or
special instruction, including a ll modifications thereto
c) the date each warning, caution, or special instruction and
each modification thereto f i r s t appeared
d) the method used to distrib u te the warning, caution, or special
instruction to persons who were lik e ly to use the product
e) the identity of any ind ustrial psychologist or human factors
engineer consulted prior to u t iliz in g the warning, caution or instruction; and
f ) the identity of each person who presently has possession of the
warning, caution or instruction.
28. Kentile objects on the grounds that this interrogatory i s overly broad and burdensome, seeks information not relevant to the subject natter of th is case, and i s not reasonably calculated to lead to the discovery of admissible evidence. Without waiving i t s objection, Kentile states:
a-b)' See copy of attached warning.
c) Approximately 1978 to present.
d) In sert in packages.
e) None.
f) Kentile Floors, Inc.
29. When and under what circumstances did you f i r s t become aware that ; warning were placed on asbestos or asbestos-containing products distributed i| by other manufacturers or d istrib u to rs?
I
29. Never.
30.
Identify a ll sources of raw asbestos fiber beginning in 1945 and
going to date, on a yearly b a sis, and with respect to each, the annual gross
d o lla r amount and gross weight of asbestos fiber purchased.
30. D ollar and weight amounts unabailable.
31. Identify a ll warnings, cautions, caveats, instruction or directions accompanying raw asbestos fib e r purchased by you and the dates thereof.
31. Letter of Johns Manville, October, 1968.
32. State the follow ing with respect to asbestosis:
BERGES EN. FREEMAN. m c n e ill w a st a r k ttohmcy c o u n s tk O * :SO W i l l 18 1AVCR RO.
BUITC 80S T r o y . M icmi<**m i i e u
1313) 4 3 .7 4 6 0
a) the date you f i r s t heard i t alleged that there i s a causal connection between asbestosis and the inhalation of asbestos, the identity of the person and/or document that was the source of such a lle gatio n , the identity of a ll documetns generated as a result of the receipt of such information;
b) the date you f i r s t recognized that there is a causal connection between asbestosis and the inhalation of asbestos, the ide ntity of a ll persons or documents upon which you relied in arrivin g at that conclusion, and the identity of a ll documents generated as a result of such recognition
c) as to each type of asbestos fiber contained in your asbestos products, the minimum dose' you contend is su ffic ie n t to cause or contribute to such condition for a smoker and for a nonsmoker.
- 11-
SP460262
SP4E0262
22. Not applicable
23. Identify any instru ction s, d irection s, technical b u lle tin s, material data sheets, price l i s t s , or other documents provided to d istrib u to rs, con tractors, supply houses, sales persons, or building owners pertaining to the application, maintenance, or repair of each nonasbestos-containing acoustical c e ilin g , c e ilin g texture, fireproofin g, or insulation product ever manufactured or distributed by you.
23. Not applicable
24. Identify a ll of your chief medical o ffic e rs from 1930 u ntil the present time, lis t in g the periods of time each such person was employed in that capacity and the f a c i li t y or offic e to which the person was assigned. I f you did not have a medical o ffic e r, please id e ntify the person or persons who performed that function and the dates thereof.
24. None
25. Identify a ll persons employed by you from 1930 until the present ! time who functioned as ind ustrial hygienists, lis t in g the periods of time each ] such person was employed in that capacity and the f a c i li t y or office to which ! the person was assigned. As used in this interrogatory, an industrial
I hygienist 1s one who performs engineering or health studies to id e n tify and ^ evaluate potential occupational health hazard and suggests methods of dealing
>j with the same.
II
25. Kentlle objects on the grounds that th is interrogatory is overly
i! broad and burdensome, seeks information not relevant to the subject matter of !
;; this case, and is not reasonably calculated to lead to the discovery of
|! admissible evidence.
'
26. Ide ntify a ll persons employed by you from 1930 until the present
time who functioned as safety directors, safety engineers, or persons who
served in su b sta n tially the same position , or had such re sp o n sib ility , and set
forth the periods of time each such person was employed in that capacity and
the f a c ilit y or offic e to which the person was assigned.
!
26. Kentile objects on the grounds that this interrogatory is overly
j broad and burdensome, seeks information not relevant to the subject matter of
j th is case, and is not reasonably calculated to lead to the discovery of
| admissible evidence.
1
j!
27. Ide ntify a ll physicians, r a d io lo g ists, ind ustrial hygienists,
|' safety engineers, insurance r is k manager, or persons who acted 1n su b sta n tially
: the same ro le s, with whom you consulted, and provide the dates thereof and a
ji general description of the work performed..
27. Kentile objects on the grounds that th is interrogatory is overly ! broad and burdensome, seeks information not relevant to the subject matter of ,1 this case, and is not reasonably calculated to lead to the discovery of
i| admissible evidence.
28. Did any asbestos or asbestos-containing product manufactured or
li l|
d
i
s
t
r
i
b
u
t
e
d
by you
ever
contain
any warning,
caution,
or
special
instruction
concerning the health consequences of the use of the product or the breathing
of asbestos dust, or safety procedures to be employed by persons using or
handling such product or were such health consequences otherwise communicated
BEHGESEN. EREEMRH, McN e i l l srr s i r r k
to users or purchasers of the product? I f so, l i s t the products, and with respect to each, state the follow ing:
ATTOrtNlVS COUNTtLOR*
M WEST IS IAAVER HO.
SUIT 03
j TROT. MtCHIOM* 0004
I 013) 43.7460
SP460261
SP4S02G1
19. a. Sales D is t r ic ts #43 and #44.
b. None
c. Products sold through wholesale distrib u tors
d. Authorized d istrib u to rs:
Great Lakes Sales, Inc. 4203 Roger 8. Chaffee Memorial Drive, S.E. Grand Rapids, MI 49509
7/26/63 to present
Royal Carpet D istrib u tors 20750 Hoover Road Warren, MI 48089
8/18/75 to present
H.J. Oldenkamp Co.
2305 E. Genessee Saginaw, MI 48601
12/23/76 to present
H.J. Oldenkamp Co. 4669 E. Eight Mile Rd. Warren, MI 38091
12/23/76 to present
e. Locating id e n tify in g , and producing such documents i f any e x ist, would require an expensive manual review of thousands of documents.
f. Objection on the ground that the question is not reasonable calculated to lead to the discovery of relevant evidence.
h
20. Identify a ll sales literatu re including brochures, advertisements,
.pamphlets or other material pertaining to each asbestos-containing construction
j! product ever manufactured or distributed by you.
;
20. Kentile objects on the grounds that th is interrogatory is overly
broad and burdensome, seeks information not relevant to the subject matter of
jth is case, and is not reasonably calculated to lead to the discovery of
|admissible evidence. Without waiving it s objection, Kentile states:
!
Various sales brochures and pamphlets available through K e n tile 's
j. Customer Service Department.
i:
21. Identify any instru ction s, direction s, technical b u lle tin s, material
Idata sheets, price l i s t s , or other documents provided to d istrib u to rs,
! contractors, supply houses, sales persons, or building owners pertaining to
lithe application, maintenance, or repair of each asbestos construction product
lever manufactured or distribu ted by you.
j
21. Kentile objects on the grounds that th is interrogatory is overly
broad and burdensome, seeks information not relevant to the subject matter of
this case, and is not reasonably calculated to lead to the discovery of
admissible evidence. Without waiving its objection, Kentile answers as follows
j
Various maintenance and in s ta lla tio n instructions available through
jKentile's Customer Service Department.
ij
22. Id e n tify a ll sales literatu re including brochures, advertisements,
'pamphlets or other material pertaining to each nonasbestos-containing
f M t N E lU tnd STARK
ftTTONMCV e O U N H L C M 9290 WEST BIO BRAVER RB.
coustical c e ilin g , c e ilin g texture, fire proo fin g, or insulation product ever anufactured or distributed by you.
SUITE 909
TROY. MICHIOAN SMB*
0 1 3 ) 6*3.7400
SP460260
SF460260
1
36. Not known.
37. Bo you contend that there Is a minimum threshold level of exposure to asbestos below which there is no r is k of developing lung cancer? I f so, what is it ?
37. Not known.
38. Are there any circumstances in which the presence of in-place asbestos-containing materials in buildings may present an increased r isk of mesothelioma or lung cancer to employees? I f so, l i s t and explain in detail every factor you contend is relevant to the amount of risk .
38. Not known.
I
i
39. Under what circumstances would you recommend that building owners
i determine the existence of in-jilace asbestos-containing m aterials? As to
such m aterials, under what circumstances would you recommend any of the
fo llo w in g?
I;
a) removing the asbestos-containing material
!|
b) encapsulating the asbestos-containing material
I'
c) enclosing the asbestos-containing material
Si
d) assessing the asbestos-containing material further, and i f so,
lithe form of assessment (a ir sampling, visual inspection, etc.)
'
e) establishin g an operations and maintenance program; and
jj
f ) establishing a periodic review or update of the assessment.
j;
39. Kentile objects on the grounds th a tth is interrogatory is overly broad
and burdensome, seeks information not relevant to the subject matter of this
;l case, and is not reasonably calculated to lead to the discovery of admissible
j! evidence.
!i
40.State the number of requests you have received by or on behalf of a
building owner to abate in-place asbestos-containing m aterials which allegedly
I presented a present or potential hazard by reason of the asbestos, and the
number of occasions you have agreed to undertake any abatement.
I
40. Kentile objects on the grounds that this interrogatory is overly
|broad and burdensome, seeks information not relevant to the subject matter of
th is case, and is not reasonably calculated to lead to the discovery of
! admissible evidence.
!
i
41. State the number of occasions you have received notice of a breach
( o f warranty claim by or on behalf of a building owner that in-place asbestos-
i containing materials were defective, unmerchantable, or u nfit by reason of
lithe asbestos, and the number of times you have responded thereto and agreed
'( to remedy the alleged defect.
i
41. Kentile objects on the grounds that th is interrogatory i s overly
broad and burdensome, seeks information not relevant to the subject matter of
this case, and is not reasonably calculated to lead to the discovery of
admissible evidence.
42. L ist each notice, claim, a lle gatio n , or statement that you have ever [received that an injury or disease resulted from exposure to or use of any [asbestos or any asbestos product manufactured or distributed by you, and with
trespect to each, state the follow ing;
BERGESEH. FREEMAN. IfllNCILL Rl9 SFAAN
ATTOANEVA A COUNRELOR NASA WEAT RIO BRAVER ND.
SUITE 903 T n o v . MlCHlOAN SAONE
13131 43.74A0
a) the name and address of each claimant b) the date of the notice of each claim
- 13-
SP460264
8460264
I
c)
a description of the claim (e.g. workmen's compensation, third
j party li a b i l i t y action, d is a b ilit y insurance claim, complaint le tte r, etc.)
|
d) the type of injury or disease alle ged ly sustained
jj
e) the name and address of the attorney, i f any, who represented
|the individual making the claim
f)
where applicable, the style and court number or other number
i designation of the claim
I
g) the resolution of each claim that has been disposed of
h) the ide ntity of the custodian of a ll records that relate to
the claim
i ) the ide n tity of a ll indexes or summaries lis t in g a ll or a part of said claims.
42. Kentile objects on the grounds that this interrogatory is overly broad and burdensome, seeks information not relevant to the subject matter of this case, and is not reasonably calculated to lead to the discovery of : adm issible evidence.
43. L is t each notice, claim, a lle gation , or statement that you have received from or on behalf of a building owner or occupier that a potential or actual health hazard existed because of the existence o f an asbestos product ;therein. As to each, provide the information requested in the preceding in! terrogatory.
|
43. Kentile objects on the grounds that th is interrogatory is overly
Abroad and burdensome, seeks information not relevant to the subject matter of
1'this case, and is not reasonably calculated to lead to the discovery of
admissible evidence.
!]
44. Id e n tify a ll internal documents o f th is Defendant where the potential i
`health effects of asbestos have been discussed including, but not limited to, I
iminutes of product safety, health, ind ustrial hygiene, or other committees;
records relatin g to any decision to include or exclude asbestos from any
jjproduct; records re latin g to any proposed warning, caution or instruction
:for placement of asbestos-containing products; medical, health or industrial
'hygiene reports; records or reports concerning any proposed or actual sur-
Iveillance program; and documents or memoranda reporting on seminars, medical
literatu re, newspaper a rtic le s, lit ig a t io n , or meetings with members of the
imedical or health community, or other members of industry or insurance repre-
sentatives.
|
44. Kentile objects on the ground that the question is overbroad and
burdensome. Kentile does not maintain records by the categories stated in
'the request. Locating, identifying and producing such records, i f any e x ist,
would require an extensive manual review of thousands of documents.
!';
'
45. Ide ntify a ll internal operating b u lle tin s dealing with the handling
jjor use of asbestos or asbestos-containing products in your f a c ilit ie s .
:
45. See answer to No. 44.
!
46. Id e n tify a ll documents, reports or communications received by this
Defendant from any supplier of raw asbestos or any other manufacturer or
d istrib u to r of asbestos products pertaining to the alleged hazards of asbestos
or asbestos products.
46. Letter of Johns Hanville, October 1, 1968 - statement ot manufacturing employers concerning exposure to raw asbestos.
bergesen. freem an.
Me NEILL M l S T U K iTTOHNEtS fe COUNBILOfTS Z H WKST BIB M A V H MB.
U'TC N ) TRO*. M1CHIOAH QM
I
47. Ide ntify a ll documents, reports or communications received by this
Defendant from any supplier of raw asbestos or any other manufacturer or d is
tributor of asbestos products pertaining to the alleged hazards of asbestos
or asbestos products.
-14-
(313) 643-7460
SP460265
8P4S0265
I
47. Letter o f Johns Manville, October 1, 1968 - statement to manu-
| facturing employers concerning exposure to raw asbestos.
I
I
48. Identify a ll other documents received by th is Defendant where the
potential health effects of asbestos have been discussed, including, but not
lim ited to, medical literatu re , health or ind ustrial hygiene reports, news
paper a rtic le s, periodicals, books, communication with health f a c i li t i e s ,
communications with insurance c a rrie rs, communications with other manufac
turers or d istrib u to rs, seminar lite ratu re , trade association documents, or
reports of any te sts, studies or su rveillance programs.
48. Kentile objects on the grounds that this interrogatory is overly
broad and burdensome, seeks information not relevant to the subject matter of th is case, and is not reasonably calculated to lead to the discovery of admissible evidence.
49. Describe your present p olicy as to in-place asbestos-containing materials in your f a c ilit ie s .
|
49. No
50. Did you ever conduct any dust studies of any of your asbestos pro|duct manufacturing f a c ilit ie s and/or any dust studies relatin g to the actual ; use o f your product? I f so, with respect to each:
|i
a)
dates thereof
I
b)
.
c)
| study, and the
II
d)
ide ntify the person or en tity who conducted the study
state the complete results of each study Ide ntify a ll documents that refer, re fle ct, or relate person who has custody thereof explain a ll actions taken as a result of the study,
and the to the
l!
50. No
I:
i: 51. Have you or anyone on your behalf ever conducted, sponsored, or icontributed fin a n c ia lly to any te sts, studies or research pertaining to the jhealth consequences of asbestos or asbestos products. I f so, with respect Jto each:
a)
id e ntify the person or e n tity who conducted the te st,
research, and the dates thereof
I
b) state the complete resu lts of each test or study
c) id e ntify a ll documents that refer, refle ct, or relate to the
:study, and the person who has custody thereof
!
d) explain a ll actions taken as a result of the test, study or
.research
study or
:
51. No
:
52. Did anyone ever make any recommendations and/or suggestions to you
.pertaining to the alleged r isk s and hazards associated with the manufacturing
or use of products containing asbestos? I f so, with respect ot each recom-
mendation or suggestions, state the follow ing:
BCRGCSEN. FREEMAN.
M cNEILL and STARK hTTONNEVS ft C O U N M LO M ZSO WEST IO ftEAVE* RD.
SUITE SOS TROT. MICHIGAN *0 *4
a)
suggestion and b)
suggestion was c) d)
or suggestion.
the identity of the person who made the recommendation or the
the date thereof
the identity o f the person to whom the recomnendation or
made
.
the substance of the recommendation or suggestion
explain a ll actions taken as the result of the reconmendation
-15-
| (313) 4 3 .7 4 6 0
SP460266
SP4026fi
52. No
i
53. Identify any medical examination or su rveillance programs offered
or sponsored by you or your insurance carrier for employees handling or
otherwise exposed to asbestos and/or asbestos products. With respect to
each such program, please state:
a) the location or locations where such program was in effect
b) the manner of communicating with employees about such program
c) whether examination was mandatory or optinal
d) the percentage of workers permitted to undergo such examination
and the percentage of workers who actually participated
e) the identity of each worker who was found to have asbestosis,
lung cancer, mesothelioma, lung abnormalities
f ) the ide ntity of the person most knowledgeable about the
program; and
|
g) the ide ntity of a ll documents re latin g to the program, and the
person who has custody therof.
53. None
!
54. Identify a ll trade organizations, associations or other en tities
1 to which you or your representative have ever been a member of or participated
ii in, including but not lim ited to Asbestos Textile Industry, In du strial Health
I; Foundation, NIMA, Asbestos Information A ssociation, NICA, TIMA, Quebec Asbestos
j: Mining Association, PICA, QAPA, Asbestos Cement Producers Association,
i Asbeston Information Association of North America, Gypsum A ssociation, National
!! Safety Council, Mineral Fibers Products Bureau, Sprayed Mineral Fiber Manu-
[ facturers A ssociation, p e rlite In stitu te , or Vermiculite In stitu te . With
. respect to each, stste the follow ing;
i
a) id e n tify
i the years of attendance
;i
b) id e n tify
' relating to asbestos or
c)
relating to asbestos or
a ll persons attending any meetings on your behalf, and | 1
a ll documents submitted by you or your representative
any occupational disease; Ide ntify a ll documents received by you or your representative
any occupational disease;
j
54.R esilie n t Floor Covering In stitu te - 1940 to present
l
National Association of Floor Covering D istrib u tors - 1960 to present
I
. a) Jack Clegg - dates unknown
!,
' b) None
!:
c) Unknown
i1
!
55. Did you direct to be performed, sponsor, finance or receive the
r e su lts of any studies or tests performed by the Saranac Lake Laboratory or
the Trudeau Foundation re latin g to asbestos exposure and it s effect on human
life ? I f so, state the follow ing;
SERGESEH. FREEMAN. McHULL m i STARK
TTORNBV* C B U N IILO M Z M WEST 1 K i V M AD.
suit* sea Tr o t . MiCHiauw 4 to M
O IS l 649-7460
a) id e n tify a ll documents relatin g to Saranca studies received or submitted by you, either d ire c tly , through associated or predecessor companies, through other companies, or through any trade associations, organ izations or entitles
b) id e n tify a ll documents summarizing finding or results of those studies or tests which you have in your possession or control
c) id e n tify a ll communications, oral or w ritten, between answering defendant and Saranca personnel
d) state a ll recommendations or findings of such studies in relatin g to:
(1) adequacy or inadequacy of the threshold lim it values (20 the substitution of m aterials other than asbestos to be used
-16- *
SP460267
SP4S0267
e)
id e n tify the person who has custody of each document or
communication ide ntified 1n th is interrogatory.
55. No
56. Id e n tify a ll persons who have t e stife id on your behalf and a ll
documents presented to or u tiliz e d in preparation of testimony before any
congressional or state le g is la tiv e committee or subcommittee, or any federal
or state administrative agency, including, but not lim ited to, the Occupational
Safety and Health Adm inistration, the National In stitu te of Occupational
Safety and Health, or the Environmental Protection Agency, or any other
governmental hearing or inve stigative proceeding on the subjects of biological
effects on human li f e from exposure to asbestos or the se ttin g, modification,
f e a s ib ilit y and acceptance of alle ged ly safe or proper le vels of such ex
posure to asbestos and asbestos products. For each such testimony, please
identify:
!
a) the dates and descriptions of the proceedings
b) the id e n tity o f the person who responded or t e stifie d and
h is or her position
c) a ll studies, test results or other s c ie n tific or medical
documents relied upon by said person as a basis for any recommendation made
' or testimony given
j
d) whether at any time prior to or follow ing such testimony you
| possessed knowledge of documents suggesting that e x istin g or proposed threshold
| lim it values were not safe or proper or that lower threshold lim it values were
I: necessary in order to prevent disease; as to th is response, please identify the
o rigin of the knowledge and a ll documents relatin g thereto.
I!
56. None
!i
57. Identify each inquiry, complaint, study, in ve stigatio n , or request
;! for information of or pertaining to any asbestos product by any government body.
1
i'
57. Kentile objects on the grounds that th is interrogatory i s overly
|; broad and burdensome, seeks information not relevant to the subject matter of
i, this case, and is not reasonably calculated to lead to the discovery of
1 admissible evidence.
58.
Explain your understanding of the terms "threshold lim it value"
and "dose response re latio n sh ip ".
58. Objection. Question c a lls for a legal conclusion.
59. Ide ntify every threshold lim it value that you contend ever has applied to asbestos and cancer.
59. 29 CFR 1910.1001
60. Explain in detail the best method for determining the airborne concentration of asbestos fibers.
60. Not known
BEKGESER. FREEMAN. McNe i l l uM s ta r k
iTTonneT* c o u n b el o m b 1280 W U T 1 BBAVE* HD.
SUITE 803 TftOT. M ic h io a n ASMS
|
61.
i by you:
i
j mentioned
;
, to in (a)
to in (a)
State the follow ing with respect to buildings owned or occupied
a) the ide ntity of a ll f a c ilit e s where each of the products in In terrogatories 8 and 9 have been placed since 1950 b) the ide ntity of a ll f a c i li t i e s where the products referred have been removed since 1965 and a ll reasons therefor c) the ide ntity of a ll f a c i li t i e s where the products referred have been encapsulated since 1965, and a ll reasons therefor
-17-
(31 3) 643-TAflO
SP460268
SP4&03SR
i
!
i
d) the ide n tity of a ll f a c i li t i e s where samples of any asbestos product have been taken for an a ly sis, the ide ntity of a ll documents generated thereby, and the ide ntity of the person who has custody of such documents, ans
e) the ide ntity of a ll f a c i li t i e s where a ir samples have been taken to determine the concentration of airborne asbestos, the identity of a ll documents generated thereby, and the ide n tity of the person who has custody of such documents.
61.
Kentile objects on the grounds that th is interrogatory is overly
broad and burdensome, seeks information not relevant to the subject matter of
this case, and is not reasonably calculated to lead to the discovery of
admissible evidence.
62.
Have you or any of your representatives or agents taken, obtained,
or been provided with any samples of or v isu a lly inspected ary materials
located in or taken from the P la i n t i f f 's schools? I f so, state the follow ing:
|
a) the id e n tity of each person who participated in the inspection
j or taking of any samples
|
b) the location of each sampling and/or inspection site and the
j! date thereof
!!
c) the manner in which inspection was conducted or each sample
'] was taken
!:
d) the manner in which each sample was packaged and identified
.
e) the purpose for which each inspection was conducted or sample
u was taken
;i
f ) the identity of each person who in any way participated in or
i| conducted any examination, te st, ana ly sis, study, or inspection involving said
!! materials or samples
''
g) the date and location of each and every test, an a ly sis, study
1 or inspection done in connection with said m aterials or samples
!!
h) the manner and method by which each te st, a n a ly sis, study
I or inspection was conducted
|
i ) the complete results of each te st, a n a ly sis, study or inspection
; that was conducted on such material or samples, including, but rot limited to,
! the following:
( i } the type and percentage of asbestos in the material
( i i } the identity of a ll constituents of ingredients in
the material
( i i i ) whether or not the material was consistent with any product
manufactured or distributed by you, and 1f not, a ll
\
inconsistencies
(iv ) whether or not the material was consistent with a product
:
manufactured or distributed by any other en tity, and
i f so, the identity of said en tity
j)
the ide ntity of each document (including photographs) generated
by the aforesaid inspection, samples, examination, testin g, and analysis.
62. No
63.
Did you or any of your representatives or agents engage in or
conduct any a ir sampling at the P la i n t i f f 's schools? I f so, set forth in
d e ta il:
a) the identity of each person who participated in the taking of
said a ir samples b) the date of each a ir sampling operation and the location of
I each
a ir
sampling site c) the precise manner in
which each
a ir
sample was
obtained
1! BEAGESEN. FREEMAN. McNEILL W4 STARK ATTORNEYS A COUNSELORS
d) a fu ll description of a ll equipment u tiliz e d to conduct the aforesaid a ir sampling including the name of the manufacturer of a ll such
S3SQ WIST SIS MAVIS RD. equipment, the model name and number of a l l such equipment, the names of SUIT! SOS
Tr o y. Micwioan a s o m (313) 43.7480
-18- 7
SP460269
S P 46 03 3
!!
d)
a ll persons responsible for c a lib ra tin g said equipment, the dates
during the la s t 12 months that the accuracy of such equipment was tested
I and certified
!
e) the purpose for which the a ir samples were taken
f ) the re su lts of each a ir sampling conducted by defendant
g) i f the resu lts of such a ir sampling were reduced to written
form, attach a copy of a ll such w riting hereto.
63. No
I
64. Explain in detail any opinions formed as a result of your inspection
and/or sampling at the P l a i n t i f f 's schools, including, but not limited to, any
conclusions as to whether or not any actual or potential health hazard
existed, the adversity of any abatement action, and i f so, the particular
types suitable, and the a d v is a b ility of any operations and maintenance programs.
:
64. Not applicable
||
65. Id e n tify a ll indices for documents submect to the P la in t if f 's
jl Requests to Produce, or documents referred to in these interrogatories, or
j| documents gathered 1n connection with any asbestos lit ig a t io n .
|
I
65. None
j
r
li
66. L ist and id e n tify each person whom you expect to c a ll as an expert
; witness at t r i a l, and with respect to each, the subject matter on which the
: expert is expected to te stify , the substance of the facts and opinions to
i: which the expert is expected ot te stify and a summary of the grounds for each j
ji opinion.
I
'
66. Not known
i
j
67. L ist and id e ntify every document which you contemplate that you
: might use at t r i a l .
j
I
67. Not known
KENT1LE FLOORS, INC. I STATE OF ______________
1eOUNTT OF 1
j On the _____ day o f ________________, 1986 before me appeared the undersigned, ; ____________________________ , known by me to be the person who answered I: the foregoing interrogatorie s and who gave oath that the anwers to the same
Jl are true to the best of his knowledge and belief.
NOTARY PUBLIC
i
BCAGESEN. FREEMAN. i McNEIU. ,nl 5TRRK
ATTORNRVa ft COUNCILOR* 3290 WEST BIO BRAVER RO.
SUITE 30 T r b v , M ie m oA N 41004
(313) B43-740O
S. DAVID McNEILL
P I7544
3250 W. Big Beaver Rd., Ste. 303
Troy, HI 48084
(313) 643-7460
-19-
-----------
i
SP460270
"' ~
81*60270
^
u. C 0 3
W A ItS IW ;. F.XISTIN r. K LS 1LIE N ! I-l o o k i n ; M AY C O N T A IN ASBESTOS FIBER S. I MESH I IH I.K S A R E LO C K E D IN T O PLACE I K M F V F K , SANDLN; OF R E S IL IE N T 1 [O O K I.N .. HACKIN'; OR L IM N F E L T CAN RELEASE ASBESTOS FIBERS IN TO l l l l A IR IN H A L A T IO N OF ASBESTOS OL'ST M A V HE IN J U R IO U S T O Y )U K H E A L T H I IIE.REI ORE, DO N O T SAN D R E S IL IE N T FLOOR IN C . BAC KIN O , OK L IM N ; I ELT
SP460271
SP4027l
'CZXXDUUt J o k iv s - M a r u i D e A s L e s l o s LIMITED SiSi
' ASBESTOS FIBRE DIV15ION
p.O. BOX 1500 - ASBE5TOS, QUEBEC - TELEPONE...879-W31
4
October 1st, 196B.
Gentlemen;
.
. .
You will notice that beginning shortly each bag of chrysotile asbestos fibre shipped b y this
Company w ill carry a label reading as follow s-
-
r
. -i: f .
caution ,,
-
'
;' ,
*7 his bag contains chrysolile asbestos fibre. Persons
-,
~
exposed to this material should use adeouate protective .
. *_
devices as inhalaiion of this material over long periods
.
' may be harmful." .
.
-
,
'
`
"
'
'
. * The label is intended to remind all industrial users of asbestos that proper handling will
contribute io improved conditions in work areas.
- `.
' *
. Physical protection for employees is provided through the use of safety hats, shoes, glasses,
and other devices when circumstances warrant. Health proledion is fust as important and
should include appropriate practices and equ.oment such as collectors, ventilators, masks, etc., .
to prevent inhalation of fumes and particulate matter. * *1 ~
^
; ;
As you' know, in the past several years there has been increasing publicity and medical
attention given to health efiecis of inhaling industrial dust and t urnes of all kinds. Some studies
' have raised the question whether adequate control measures are being taken in certain
- industrial operations to prevent the inhalation of asbestos particles.* Other studies have shown
that where proper protective measures are taken, occupational health risks are minimized.
.
[ continued
SP460272
- 2-
Medical research on health questions relating to asbestos is being sponsored b** Johns-Manville, the Quebec Asbestos Mining Association, and several other organizations. Such research will lead to a better understanding and control of health hazards associated w ith inhalation of asbestos particles.
Until more concrete information is available from the abovementioned research, we have concluded that it is in the best interest of all concerned that we place the above label on bags containing asbestos to encourage carciul handling of the fibre.
if you have any questions, we would be pleased to hear from you.
N W H I oh
Yours very truly.
N. W . HENDRY, General Sales Manager.
SP460273
3P 402 74
SP460275
S9460275
K E X T I X jE F L O O K S l i v e .
s a S e c o n d Av e n u e . 9 n o c k l t n , n Y 11215 T e l e p h o n e 710> 7 6 6 - 9 5 0 0
April 21, 1986
Ms. Sharon A. Kalina Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey 425 Park Ave. New York, NY 10022
Re: Michigan School District Cases
Dear Sharon:
Per your recent request, attached please find answers to questions 8 a , b, c, d and f and 19 a, b, c and d.
Verv trulv vours.
LG:lc.
nda Gawel isurar.ee Manager
cc: J. E. Loff
E. M. Suri
.
R. L. Vandenberg
April 21, 1986
Michigan School District Cases Interrogatories
8a. Resilient Floor .iie 6 Vinyl Sheet Flooring
b. RFT - Dec. 19C6 VSF -- Dec. 196c
c. RFT Currently being produced VSF - Sept. 1969
d. RFT Current!v being sold VSF - Dec. 1969
f. (i) RFT - Brooklyn, NJ 1906
(ii) RFT - Chicago, IL 1949
(iii) RFT - Torrance. CA 1959 - 1977 (iiii) VSF - So. Plainfield, NJ 1966 - 1969
19a. Sales Districts r-3 and #44
b. None
.
c. Unknown products sold through wholesale distributors
d. Authorized distributors
Great Lakes Sales, Inc. 4203 Roger B Chaffee Memorial Dr. Grand Rapics. Mich. 49509
5.1.
./16/63 to Present
Royal Carpec Distributors 20750 Hoover Rc. Warren, Mich. -S0S9
3/18/75 to Present
H. J. Oldenkanp Co. 2305 E. Ger.essee Saginaw, Migh. -8601
12/23/76 to Present
H. J. Oldenkaztp Co. 4669 E. Eight Mile Rd. Warren, Mich- 33091
12/23/76 to Present -
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