Document 7RExXXXRq6a3x8jpE5kqzXKMB

(( 1 EUGENE BROWN. JR. (State Bar #079824) HARDIN, COOK, LOPER, ENGEL & BERGEZ, LLP 2 1999 Harrison Street, Eighteenth Floor Oakland, CA 94612 3 (510) 444-3131 4 Attorneys for Defendant FORD MOTOR COMPANY 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 IN RE COMPLEX ASBESTOS LITIGATION, 12 13 14 15 No. 828684 FOURTH AMENDED SUPPLEMENTAL RESPONSES OF FORD MOTOR COMPANY TO GENERAL ORDER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 16 PROPOUNDING PARTIES. 17 RESPONDING PARTY: 18 SET NUMBER: 19 PLAINTIFFS FORD MOTOR COMPANY GENERAL ORDER NUMBER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 20 COMES NOW Defendant FORD MOTOR COMPANY, hereinafter ("Ford") and 21 hereby submits these Amended Supplemental Responses of Ford to General Order 129 22 Standard Interrogatories To Friction Defendants. 23 INTERROGATORTRS 24 INTERROGATORY NO. 1 25 IDENTIFY the individual verifying these answers on YOUR behalf. 26 /// 27 III 28 IFLELRF, -1- ( 1 RESPONSE: 2 Ford states that the responses to these interrogatories constitute a corporate response 3 which has been verified by an authorized agent of Ford. The person signing these responses 4 is an employee of Ford who is an authorized agent for the purpose of verifying discovery 5 responses. That person works at Three Parklane Boulevard, Dearborn, Michigan 48126. 6 For that person's name, please refer to the verification page. Ford requests that any contact 7 be made through Ford's counsel. 8 INTERROGATORY NO. 2 9 State the date of first employment with YOU and the dates and titles of each job 10 position the person who verified these interrogatories has held while employed by YOU. 11 RESPONSE: 12 Ford states that the responses to these interrogatories constitute a corporate response 13 which has been verified by an authorized agent of Ford The person signing these responses 14 is an employee of Ford who is an authorized agent for the purpose of verifying discovery 15 responses. That person works at Three Parklane Boulevard, Dearborn, Michigan 48126. 16 For that person's name, please refer to the verification page. Ford requests that any contact 17 be made through Ford's counsel. 18 INTERROGATORY NO. 3 19 State whether or not YOU are a corporation and, if so, state: 20 A. YOUR correct corporate name; 21 B. YOUR state of incorporation; 22 C. The date of YOUR incorporation; 23 D. The address of YOUR principal place of business; 24 E. Whether or not YOU have ever held a certificate of authority to do business in 25 the State of California and, if so, the inclusive dates of any certificate; 26 F. If YOU are wholly owned or the majority interest of YOUR COMPANY is 27 owned by another business entity, state the entity's name and principal place of business; 28 iPER, LLP Mt Ml ooooooxxx AAM 266908 04 -2* f t I G. Whether YOU have any business offices in California and, if so, YOUR 2 principal place of business in California. 3 RESPONSE: 4 Yes. 5 (a) Ford Motor Company. 6 (b) Ford is a Delaware corporation. 7 (c) Ford was incorporated in the State of Delaware on July 9, 1919. 8 (d) Ford's principal place of business is One The American Road, Dearborn, 9 Michigan 48126 _ 10 (e) Ford was qualified to conduct business in the State of California on April 16, 11 1920 12 (f) Not applicable. 13 (g) Ford has business offices in the State of California. However, Ford's principal 14 place of business in One The American Road, Dearborn, Michigan 48126. 15 INTERROGATORY NO. 4: 16 Have YOU ever been identified, known or done business under any other name in the 17 State of California? 18 RESPONSE: 19 No. . 20 INTERROGATORY NO, 5 21 If YOUR answer to Interrogatory No. 4 is in the affirmative, please state such name 22 or names and the time period during which THIS DEFENDANT was so known or identified. 23 RESPONSE: 24 Not applicable. 25 INTERROGATORY NO. 6 26 If YOU are not a corporation, what is YOUR business structure (partnership, joint 27 venture, sole proprietorship, etc.). 28 /// ren, LLP Ml )MI ooaoooxxx AAM 266908 W -3- (< 1 RESPONSE: 2 Not applicable. 3 INTERROGATORY NO. 7 4 If YOU are not a corporation, please IDENTIFY all persons or other entities with an 5 ownership interest in YOU. 6 RESPONSE: 7 Not applicable. 8 INTERROGATORY NO. 8 9 If YOU are not a corporation, please state the following. 10 A. The address where the HISTORICAL RECORDS of THIS DEFENDANT are 11 currently located; and 12 B The name, job title and current address of the custodian for THIS 13 DEFENDANT'S HISTORICAL RECORDS. 14 As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating 15 to the formation of THIS DEFENDANT, all minutes of partners', general partners' or other 16 owners' meetings and all DOCUMENTS relating to THIS DEFENDANT'S merger with, 17 acquisition of or purchase or sale of or by any other COMPANY. 18 RESPONSE: 19 Not applicable. 20 INTERROGATORY NO. 9 21 IDENTIFY YOUR Custodian of Business Records. 22 RESPONSE: 23 Fond has no one Custodian of Business Records. However, in die spirit of 24 cooperation. Ford will provide the IDENTITY of the appropriate individual(s) when plaintiffs 25 specify which records are the subject of inquiry. 26 Ill 27 III 28 IPCft. ur III 000 000XXX AAM 366908 W -4- ( 1 ( 1 INTERROGATORY NO. 10 2 IDENTIFY the person or persons most knowledgeable about: 3 A YOUR acquisition of RAW ASBESTOS and/or ASBESTOS-CONTAINING 4 FRICTION PRODUCTS; 5 B YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING 6 FRICTION PRODUCTS; 7 C YOUR contracting with others to do work involving use or handling of RAW 8 ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS. ` 9 RESPONSE: __ 10 Ford states that it has not mined, processed or manufactured asbestos-containing 11 friction products. Ford sold replacement parts which included brake linings, pads and clutch 12 facings under names such as Ford, Mercury, Ford Authorized Remanufacturers, and under 13 various lines and series names such as Motorcraft. No one person was responsible for 14 "creating, directing, or setting the policy" at Ford with regard to asbestos-containing friction 15 products: However, Mr. Arnold Anderson, is generally knowledgeable regarding 16 asbestos-containing friction products. 17 INTERROGATORY NO. 11 18 For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING 19 FRICTION PRODUCTS, state the IDENTITY of physicians, medical directors and/or 20 industrial hygienists employed by THIS DEFENDANT. All other DEFENDANTS need 21 only respond as to medical directors and/or industrial hygienists or physicians employed in 22 the area of employee health and safety. PREMISES owners and domestic corporations need 23 only respond as to the United States only. 24 RESPONSE: 25 Ford states that it has employed medical directors as part of the Staff to monitor the 26 health and safety of die employees. They are located in Dearborn, Michigan. They have 27 been: 28 Harley Krieger, M.D.: ? to 1954; now deceased; IPCR, LLP rMt 3541 ooooooxxx AAM 2A690S 04 -5- (( 1 E.A. Irvin, M.D.: 1954 to 1970, now deceased; 2 Duane L. Block, M.D.: 1970 to 1987; and 3 John Triebwasser, M.D.: 1987 to present 4 Ford further states that Industrial Hygiene, a function of Ford's Employee Relations 5 Staff, has employed approximately forty industrial hygienists in the past forty-five years. In 6 general, all forty individuals were classified as industrial hygienists with responsibility to 7 perform industrial hygiene field studies only at Ford locations. The names of the forty 8 individuals are presented below in two groups - those presently employed and 9 those who have left Ford. Credentials and dates of employment will be listed where known 10 11 Present Industrial Hygienists 12 D S Carruthers, B.S., M.S 13 Occ & Env Health, C1H 14 15 L. Lattore, B.S , M.S. 16 Industrial Hygiene, CIH, CSP, 1976 17 18 H. B Lick, B.A., M.B.A., M.S. 19 Occ & Envc Health, CIH, CSP, 1968 20 21 S. S. Mingela, B.S., M.S. ' 22 Occ & Env Health, CIH, CSP, 1977 23 24 M. D. Kelly, B.S., CIH 25 26 T. F. Strow, B.S., M.S., CIH . 27 28 P.A. Brogan, M.S. IPEII. ILf O00 00QXXX AAM 16490* <M -6- 1 Occ & Health, CIH 2 3 D. Hands, M.S., CIH 4 5 Past Industrial Hygienists 6 R. Anderson 1960s L. Parrish 1978-81 7 E. Brown 1960s W. Preston 8 N. Brush 1972-77 S. Rabmovitz 1970s 9 W. Delhey 1950s J. Radcliff fair. Mgr., 1948-72 10 H. Dryer 1978-80 L. Redmond 1950s 11 D. Eschelbach 1950s E. Ross 1950s 12 A. Frazho 1960s J. Satteimeier 1960s 13 L. Jenson 1960s J. Slosar 1960s 14 A. Karpowich 1978-80 F. Snitz 1960s 15 R. Kersten 1977 J. Sproat 1977 16 W. Kronberger J. Stanko 1973 17 T. Mooney 1930 R. Stites 1940s 18 M. O'Brien 1977-81 P. Toth, fmr. Mgr. 1960-82 19 D. Padden 1930s J. Ware 1960s 20 D. Greschaw 1956-80s R. Wabeke, finr. Mgr., 1970s-1980s 21 C. Plasters 1960s-8Qs 22 K. Swancy 1980s 23 INTERROGATORY NO. 12 24 Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf 25 of THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, 26 wherein the plaintiff has alleged an asbestos-related injury? If so, for each such third- 27 party case please state: 28 A. lK, LLP ooooooxxx AAMM0g<H The caption and case number; -7- <( 1 B The court filing including state and county; 2 C. The date of deposition or trial testimony; 3 D. The name and address of plaintiffs counsel of record; 4 E. The name and address of the court reporter. 5 RESPONSE: 6 Yes. 7 Arnold Anderson- Stephen F. Block, Jr and Rita Block v. Maremont Corporation, et 8 at. Cause No : 94-007165, Harris County, Texas District Court, 200 15th Judicial District, 9 taken on May 4, 1998, reported by Patricia Murray & Associates, address unknown, 10 telephone no.: (313) 998-9545, plaintiffs counsel: Cook, Butler, et al., 4 Houston Center, II 1221 Lamar, Suite 1300, Houston, TX 77010; Constance Stables v. General Motors 12 Corporation, et al.. Case No.' 90-506-CA-17, in the Circuit Court of the 19th Judicial 13 Circuit in and for St Lucie County, State of Florida Civil Division, taken on February 8, 14 1993, reported by Hamilton-Legato Deposition Centers, address unknown, telephone no 15 (313) 244-9700, plaintiffs counsel: Ness, Motley, et al., P.O. Box 365, Barnwell, South 16 Carolina 29812; Wellbum Cooper v. Armstrong World Industries, et al., and Consolidated 17 Cases, Case No.: 81-1055-CIV-NESBITT, in the United States District Court for the 18 Southern District of Honda, taken on December 17, 1984, reported by McKinley Wise & 19 Associates, Inc., Registered Professional Reporters, 1211 Chestnut Street, Suite 901, 20 Philadelphia, Pennsylvania 19107, telephone no.: (215) 564-2181, plaintiffs counsel: 21 Blank, Rome, et al., 1200 Four Penn Center, Philadelphia, Pennsylvania 19103; Marshall 22 Coates, et ux. v. Raymark Industries, Inc., et al. and Consolidated Cases, Civil Action No,: 23 Asbestos Litigation Docket No.: L-095651-85, in the Superior Court of New Jersey Law 24 Division: Middlesex County, taken on March 10, 1989, reported by Service Reporting 25 Company, Donna-Christine Sell, RPR, CSR-2450, Detroit, Michigan, plaintiffs counsel: 26 Wilentz, Goldman, et al., 90 Woodbridge Center Drive, P.O. Box 10, Woodbridge, New 27 Jersey 07095; Keith K. Grewe, et al. v. AC&S, Inc., et al. Cluster No.; 96112702, in the 28 Circuit for Baltimore City, taken on April 10, 1996, reported by Evans Reporting Service, IK*, LLP Mt r1541 ooooooxxx >40 AAM 166908 04 -8- (f 1 2422 Southwest Road, Baltimore, Maiyland 21234, telephone no. (410) 882-0208 (Lois 2 Hackerman, Reporter), plaintiffs counsel. Law Offices of Peter G. Angelos, 300 East 3 Lombard Street, Baltimore, MD 21202 4 Henrv B Lick: Stephen F. BUxk, Jr, and Rita Block v. Maremont Corporation, et 5 al., Docket No.: 94-007165, in the District Court of Harris County, Texas, 200 15th 6 Judicial District, taken on May 4, 1998, reported by Patricia Murray & Associates, 10524 7 East Grand River, Suite 101, Brighton, Michigan 48116, telephone no.: (800) 875-8238, 8 plaintiff's counsel: Cook, Butler, et al., 4 Houston Center, 1221 Lamar, Suite 1300, 9 Houston, TX 77010 10 INTERROGATORY NO. 13 11 For each of the following, please state whether THIS DEFENDANT has ever been a 12 member or paid dues for any representative of THIS DEFENDANT to be a member of the 13 following (please answer to the present): 14 A. American Conference of Governmental Industrial Hygienists; 15 B American Industrial Hygiene Association, 16 C. American Petroleum Institute; 17 D. American Railroad Association; 18 E. Asbestos Cement Producers Association; 19 F. Asbestos Information Association (ALA); 20 G. Asbestos Information Association/North America (AIA/NA); 21 --H. Asbestos Textile Institute (ATI); 22 I. Industrial Hygiene Foundation and/or Industrial Health Foundation (1HF); 23 J. Industrial Mineral Insulation Manufacturers Institute; 24 K. Magnesia Insulation Manufacturers' Association; 25 L. Magnesia Silica Insulation Manufacturers Association; 26 M. Mineral Wool Institute; 27 N. National Insulation Manufacturers Association (NIMA); 28 O. (POt, LLP Mr15l41 ooooooxxx AAM 2j56908 04 National Safety Council; -9- ff 1 P. New York Academy of Sciences, 2 Q Quebec Asbestos Mining Association (QAMA); 3 R. Refractories Institute; 4 S. Safe Building Alliance; 5 T. Thermal Insulation Manufacturers Association (TIMA); 6 U US Maritime Commission; 7 V IDENTIFY any other organizations, associations or groups of manufacturers, 8 miners, distributors, importers, labelers, suppliers and/or sellers of RAW ASBESTOS and/or 9 ASBESTOS-CONTAINING FRICTION PRODUCTS of which THIS DEFENDANT was a 10 member; 11 W. IDENTIFY any such representative of THIS DEFENDANT. 12 RESPONSE: 13 Ford and/or its employees have had memberships in the American Society for Testing 14 and Materials, Society of Automotive Engineers and the American Industrial Hygiene 15 Association. Ford also had a membership in the Industrial Health Foundation, formerly 16 known as the Industrial Hygiene Foundation, from January 1947 through December 1974. 17 Ford presently is a member of the National Association of Manufacturers, 1176 F. 18 St., N.W., Washington, D C. 20006; Michigan Manufacturers Association; Motor Vehicle 19 Manufacturers Association, 300 New Centei Building, Detroit, Michigan 48202; and the 20 National Safety Counsel, 444 N. Michigan Ave., Chicago, Illinois 60611, 21 INTERROGATORY NO. 14----------------------------- ------- 22 For each organization, association or other entity identified in YOUR response to 23 Interrogatory No. 13, please state; 24 A. The dates during which THIS DEFENDANT was a member; 25 B. The name(s) of any publication(s) received by THIS DEFENDANT from such 26 association or organization; 27 C. The name of any committee or subcommittee of which THIS DEFENDANT 28 was a member and the dates of such committee or subcommittee membership. rUuP, Mt 1541 ooo OOOXXX AAM I6690S O* -10- (( 1 RESPONSE; 2 Ford refers to and incorporates herein its response to Interrogatory No. 13. 3 INTERROGATORY NO. 15 4 Had THIS DEFENDANT pnor to 1973 received any DOCUMENTS containing 5 results or conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of 6 New Jersey relating to asbestos exposure m the workplace or the human health consequences 7 of exposure to asbestos? If so: 8 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 9 information sought in this interrogatory and its subparts to YOUR answers to these 10 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 11 made the subject of a request for production of documents. 12 B State the date upon which THIS DEFENDANT first received such 13 DOCUMENTS; 14 C State the IDENTITY of the custodian of such DOCUMENTS; 15 D This interrogatory does not apply to DOCUMENTS contained in a library 16 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 17 general public. IS RESPONSE; 19 No. 20 INTERROGATORY NO. 16 21 Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies 22 and/or tests conducted by any insurance company, including but not limited to Metropolitan 23 Life Insurance Company and Aetna Insurance relating to asbestos exposure in the 24 workplace or the human health consequences of exposure to asbestos? If so: 25 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 26 information sought in this interrogatory and its subparts to YOUR answers to these 27 interrogatories, or describe such DOCUMENTS with sufficient particularity that they 28 may be made the subject of a request for production of documents; IPUCPR, ooooooxxx AAM26690S04 -11- . (( 1 B State the date upon which THIS DEFENDANT first 2 received such DOCUMENTS; 3 C. State the IDENTITY of the custodian of such DOCUMENTS; 4 D. This interrogatory does not apply to DOCUMENTS contained in a library 5 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 6 genera] public. 7 RESPONSE; 8 No 9 INTERROGATORY NO. 17 10 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing 11 results or conclusions of any studies and/or tests conducted by any laboratory, including but 12 not limited to the Saranac Laboratory relating to asbestos exposure in the workplace 13 or the human health consequences of exposure to asbestos? If so: 14 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 15 information sought in this interrogatory and its subparts to YOUR answers to these 16 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 17 made the subject of a request for production of documents; 18 B. State the date upon which THIS DEFENDANT first received such 19 DOCUMENTS; 20 C. State the IDENTITY of the custodian of such DOCUMENTS; 21 D. This interrogatory does not apply to DOCUMENTS contained in a library 22 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 23 general public. 24 RESPONSE; 25 No. 26 INTERROGATORY NO. 18 27 28 PER. UR Ht 1941 140 000 OOOXXX AAM 166908 M -12- <( I State whether THIS DEFENDANT has ever maintained a library (or libraries) which 2 contains books, articles, periodicals, journals and/or reference materials that relate to the 3 subjects of asbestos, industrial hygiene, medicine, safety and/or occupational disease. 4 If so, state: 5 A. The date each such library was established; 6 B. The location of each such library; 7 C. The IDENTITY of each librarian or other person m charge of such library. 8 RESPONSE: 9 Libraries are maintained m Ford's medical, industrial hygiene, toxicology, and health 10 surveillance functional activities in Dearborn, Michigan. Among the items in these libraries 11 there surely are journals, books, and other publications with references to asbestos. There is 12 no specific depository solely dedicated to the topic of asbestos. 13 The following journals, among others, were subscribed to at some tune during the 14 period from 1928 to the present by Ford medical and health activities: Industrial Health 15 Industrial Medicine & Surgery 16 Journal of Occupational Medicine 17 Journal of American Medical Association 18 Archives of Environmental Health 19 British Journal of Industrial Medicine 20 Annals of Occupational Hygiene 21 Journal of American Industrial Hygiene Association 22 The following journals, among others, were subscribed to at some time by industrial 23 hygiene interests: 24 Archives of Environmental Health 25 American Industrial Hygiene Journal 26 Industrial Hygiene and Toxicology 27 British Journal of Industrial Medicine 28 The Annals of Occupational Hygiene PUEPR, Ml r 3941 000 oooxxx AAM 2A69Q8 04 -13- {( 1 Some health information relauve to asbestos is maintained at the Industrial Hygiene 2 and Employee Health Department. 3 INTERROGATORY NO. 19 4 With the exception of OSHA compliance, had THIS DEFENDANT prior to 1980 5 exchanged DOCUMENTS or communicated with any individual or other COMPANY 6 expressly regarding the results of tests and/or studies relating to asbestos exposure m the 7 workplace or the human health consequences of exposure to asbestos? If so, state 8 A. Each individual or COMPANY with whom the information was exchanged or 9 to"whom it was communicated, 10 B. The date(s) of any such exchanges or communications, 11 C. The IDENTITY of the custodian of such DOCUMENTS. 12 RESPONSE: 13 - j-jj tfieeafiy 1970's Arnold Anderson and Roy Gealer of Ford's Scientific Research 14 Staff conducted tests to determine the quantity of asbestos fibers liberated from brake linings 15 during the braking process They concluded that over 99.98% of the asbestos fibers m brake 16 linings decomposed during the braking process into other materials. Their results were 17 published in 1973. 18 In addition, Ford states that commencing in the early 1970's, Ford participated in and 19 provided partial funding for studies done by Dr. Irving Selikoff and others at what is now 20 the Mt. Sinai School of Medicine in New York, which work was reported on in a paper 21 entitled Asbestos Exposure During Brake Lining and Maintenance and Repair, published in 22 "Environmental Research", Vol. 112, pp. 110-128 (1976). The work done was a study of 23 the environmental pollution, if any, caused by asbestos in brake linings. The study came to 24 focus on the occupational exposure of mechanics during brake repair and maintenance. 25 Ford's Research and Engineering Department and Industrial Hygiene Department were 26 advised of the study. The 1976 publication acknowledges the support received from Ford. 27 28 fER. LLf Mt 1 ooo oooxxx AAMU690S04 -14- ff 1 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake \ 2 linings being cleaned by brake mechanics using air hoses. They determined that asbestos 3 levels were well below existing or proposed O.S H.A. standards. This testing was 4 done by Mr. Anderson and Henry Lick, under the supervision of Paul Toth, the then 5 manager of Industrial Hygiene. Ford notes that there exists today no medical or scientific 6 evidence that establishes risks associated with exposure to Ford's friction products. 7 INTERROGATORY NO. 20 8 Has any employee or designee of THIS DEFENDANT testified on behalf of THIS 9 DEFENDANT before the Occupational Safety and Health Administration, the National 10 Institute of Occupational Health and Safety or any committee or subcommittee of the United 11 States Congress relating to asbestos exposure in the workplace or the human health 12 consequences of exposure to asbestos? If so, please state: 13 A. The entity before whom such testimony was given; 14 B The date(s) and locaiion(s) of such testimony; 15 C. The IDENTITY of the mdividual(s) who so testified; 16 D. Whether any DOCUMENTS were presented to the entity before which 17 testimony was given; 18 E. Whether copies of DOCUMENTS presented were retained by THIS 19 DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS. 20 RESPONSE: 21 No. 22 INTERROGATORY NO. 21 23 Has THIS DEFENDANT conducted or caused to be conducted, tests and/or studies of 24 asbestos dust created during the manufacture, processing and/or assembling for sale of 25 ASBESTOS-CONTAINING FRICTION PRODUCTS? If so, stale: 26 A. Each manufacturing facility, including location and address, at which any such 27 test and/or study was conducted; 28 B. The date of each such test and/or study; Ft*. 000 oooxxX AAM 266908 04 -15- '( 1 C. The uidividual(s) or entity conducting each such test and/or study; 2 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 3 and/or conclusions of each such study; 4 E. The IDENTITY of the custodian of such DOCUMENTS. 5 RESPONSE: 6 Ford refers to and incorporates herein its response to Interrogatory No. 19 7 INTERROGATORY NO. 22 8 Has THIS DEFENDANT conducted or caused to be conducted, any tests and/or 9 studies on ambient asbestos dust levels at any location or job site where _ 10 ASBESTOS-CONTAINING FRICTION PRODUCTS were installed, utilized or removed? If 11 so, for the first five tests and/or studies, state: 12 A. The location, including name and address, at which each such test and/or study 13 was conducted, 14 B The individual(s) or entity conducting each such test and/or study, 15 C. The date of each such test and/or study; 16 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 17 and/or conclusions of each such test and/or study; 18 E. The IDENTITY of the custodian of such DOCUMENTS 19 RESPONSE: 20 Ford refers to and incorporates herein its response to Interrogatory No. 19. 21 INTERROGATORY NO. 23 22 Did THIS DEFENDANT have any laboratory or other similar type of facility 23 anywhere in the United States at which it conducted or caused to be conducted, any tests 24 and/or studies of ASBESTOS-CONTAINING FRICTION PRODUCTS or RAW ASBESTOS 25 relating to the health consequences of asbestos or the dust generated by any use 26 of asbestos or ASBESTOS-CONTAINING FRICTION PRODUCTS. If so, state: 27 A. The location, including name and address, at which each test and/or study was 28 , LLP wt 354] conducted; 000 0QQXXX AAM 266908 CM -16- (f 1 B The mdividual(s) or entity conducting each such test and/or study, 2 C The date of each such test and/or study; 3 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 4 and/or conclusions of each such test and/or study; 5 E. The IDENTITY of the custodian of such DOCUMENTS. 6 RESPONSE: 7 In addition to the Mt Sinai research identified in Ford's response to Interrogatory 8 No 19, a great many hours were spent by Ford employees assisting, consulting with and 9 supplying the Mt Sinai researchers with ideas, comments and materials Dr SelLkofFs 1976 10 article discussing the potential health effects of brake linings expressly acknowledges the 11 support and assistance he received from Ford. 12 INTERROGATORY NO. 24 13 Has THIS DEFENDANT made available to its employees a medical examination 14 program to determine the absence or presence of asbestos-related disease? If so, state- 15 A. Whether chest x-rays or pulmonary function tests were part of such 16 program(s); 17 B. Whether participation in any such program was a mandatory condition of 18 employment or was voluntary; 19 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 20 D. The IDENTITY of the custodian of such DOCUMENTS. 21 RESPONSE: 22 Ford maintains medical facilities at its plants and facilities to treat ill or injured 23 employees for all medical complaints or refers them elsewhere for appropriate medical care. 24 INTERROGATORY NO. 2S 25 - Prior lo 1973, did any person file a Workers' Compensation claim for asbestos-related 26 injury against THIS DEFENDANT or any Workers' Compensation carrier for THIS 27 DEFENDANT which provided coverage for THIS DEFENDANT? If so, state the total 28 number of such claims and, for the first 20 such claims, state: MR. UP HI IV1 ooooooxxx AAM 264903 CM -17- <( 1 A. The date of such claim; 2 B The name of the claimant; 3 C. The case number; 4 D. Hie court in which the claim was filed; 5 E. The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS 6 evidencing such claims. 7 RESPONSE: 8 Ford's records do not permit retrieval of specific information requested by this 9 interrogatory because alleged injuries arc described in general terms such as lungs, chest, 10 back, silicosis, bronchitis, emphysema, pneumoconiosis, cough, pulmonary system, etc., 11 resulting from exposure to "deleterious substances" or "atmospheric pollutants." It is 12 impossible to ascertain from these records whether or not the alleged injury was associated 13 with asbestos exposure. 14 INTERROGATORY NO. 26 15 Does THIS DEFENDANT have insurance available to cover judgment(s) entered 16 against it in asbestos-related personal injury lawsuits? If so, state: 17 A. The name and principal place of business of any insurance carrier who has 18 issued such policy of insurance; 19 B. The number and effective date of each policy; 20 C. The amount(s) of coverage of each policy; 21 D. The applicable dates of coverage. 22 RESPONSE: 23 Ford is essentially self-insured for amounts in excess of a reasonable jury award for 24 the damages claimed in this lawsuit Any judgment rendered against Ford would be satisfied 25 from its assets. 26 Ill 27 III 28 PtP, LLP Mt 3941 III ooooooxxx AAM 266906 04 -18- (l 1 INTERROGATORY NO. 27 2 State whether YOU have controlled, purchased or in any way acquired a controlling 3 interest in any corporation or business entity which has mined, manufactured, produced, 4 processed, compounded, sold, supplied, distributed and/or otherwise placed RAW 5 ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS m the stream of 6 commerce. If so, state: 7 A The name and address of said corporation or business entity; 8 B. The dates YOU controlled, purchased or acquired any interest, 9 C. The nature of the business as it pertains to asbestos. 10 RESPONSE; 11 No. 12 INTERROGATORY NO. 28 13 If THIS DEFENDANT entered into any agreements for the rebranding of any 14 ASBESTOS-CONTAINING FRICTION PRODUCTS by THIS DEFENDANT for resale or 15 distribution by another person or entity, describe each agreement's terms and the parties to 16 said agreement, the duration of the agreement and the name of each product(s) and/or 17 material/s) covered by each such agreement. 18 RESPONSE: 19 Assuming that this interrogatory asks whether Ford sells any asbestos-containing 20 friction products to others for resale, Ford responds that it engaged in the sale of brake and 21 clutch service replacement parts. Ford purchases brake and clutch assemblies from suppliers 22 and markets them as new products under the Ford logo. The remanufactured product is 23 produced by "Authorized" remanufacturers who either buy components directly from Ford or 24 use "Fond Quality" components purchased elsewhere. These products are marketed under 25 the name of Ford Authorized Remanufacturers. 26 /// 27 /// 28 /// ' FR, LLP Mt 1341 ooo oooxxx AAM 266908 0* -19- (. ( 1 INTERROG' ATORY"NO. 29 2 If THIS DEFENDANT entered into any agreements for the rebranding of 1 3 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured, sold, supplied or 4 distributed by another person or entity for resale or distribution by YOU, describe each of 5 the agreements and the parties to said agreement, the terms, the duration and the names of 6 each product(s) and/or matenal(s) covered by each such agreement. 7 RESPONSE: S Ford refers to and incorporates herein its response to Interrogatory No. 28. 9 INTERROGATORY NO. 30 _________ . 10 Between the years 1930 and 1985, did YOU purchase or otherwise acquire any 11 ASBESTOS-CONTAINING FRICTION PRODUCT lines from another person or entity? If 12 so, state for each such purchase: 13 A. Date of purchase or acquisition; 14 B. Terms of purchase or acquisition agreement; 15 C. Either attach all DOCUMENTS or disks containing such data, evidencing said 16 acquisition, or describe such DOCUMENTS with sufficient particularity that they may be 17 made the subject of a request for production of documents; 18 D. Trade, brand and/or genetic name of each such product line so acquired, 19 E. Name of the person or entity from whom YOU purchased or acquired each 20 such ASBESTOS-CONTAINING FRICTION PRODUCT line; 21 F. --Location of any-manufacturing facilities so acquired and the type of 22 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured therein. 23 ijiaaa; 24 Ford will produce a historical list revised as of May 1, 1995, of some suppliers to 25 Ford of some brake linings and assemblies. 26 /// 27 Hi 28 Hi FtR. MLLt P a4i ooooooxxx AAM 266908 04 -20- (( 1 INTERROGATORY NO. 31 2 Between the years 1930 to 1985, did YOU sell any ASBESTOS-CONTAINING 3 FRICTION PRODUCT line to another person or entity? If so, state for each such sale: 4 A. Date of sale; 5 B. Terms of sales agreement, 6 C. Either attach all DOCUMENTS or disks containing such data, evidencing said 7 sale, or describe such DOCUMENTS with sufficient particularity that they may be made the 8 subject of a request for production of documents; 9 D. Trade, brand and/or genetic name of each such product line sold; . 10 E. Name of person or entity to whom YOU sold each such 11 ASBESTOS-CONTAINING FRICTION PRODUCT line; and 12 F. Location of any manufacturing facilities so sold and the type of 13 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured therein. 14 RESPONSE: 15 Ford sells replacement parts through franchised dealers and authorized distributors 16 throughout the United States. Ford sold these parts, including brake linings, pads and clutch 17 facings under names such as Ford, and Mercury and under various lines and series names, as 18 well as names such as Motorcraft. Aftermarket parts were sold under the name of Ford or 19 Ford Authorized Remanufacturers. Ford notes that it is not feasible to respond 20 comprehensively to this interrogatory because records containing potentially responsive 21 information may have been discarded in accordance with Ford's record retention policy. 22 INTERROGATORY NO. 32 23 IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to 24 ASBESTOS-CONTAINING FRICTION PRODUCTS and/or RAW ASBESTOS which YOU 25 manufactured, sold, distributed or supplied from the year 1930 to 1985. For each such 26 document, state: 27 A. A description of the document; 28 PER, LLP Ml SMI B, ooo oaoxxx AAM Z6690g(H The year it was printed; -21- ( 1 C. The period of tune in which it was used; 2 D. The purpose of said document; 3 E. Whether the documents or copies of said document presently exist, 4 F. If said documents or copies still exist, where they are located, 5 G. The IDENTITY of the custodian of such documents. 6 RESPONSE: 7 Ford has not manufactured asbestos-containing friction products for use w its 8 vehicles. Ford purchased these products as pre-assembled parts, which were subsequently 9 installed in its vehicles or sold as replacement parts. Most promotional material 10 concerning such products would pertain to the vehicle as a whole or to pre-assembled 11 replacement parts. Furthermore, Ford is not aware of any sales or promotional literature 12 which describe asbestos-containing fhcuon products. 13 INTERROGATORY NO. 33 14 When do YOU contend THIS DEFENDANT first became aware that there is an 15 association between asbestos exposure and disease in human bemgs? 16 RESPONSE: 17 Ford states that scattered case reports of carcinoma in persons occupationally exposed 18 to asbestos began appearing in the literature in the 1930s Ford cannot state, however, when 19 a Ford employee first had knowledge of such information. It is known, however, that the 20 initial knowledge of a suggestion of potential hazards associated with asbestos-lined brakes 21 came in a telephone call from Dr. Selikoff to Dr. Roy Gealcr of Ford Research and 22 Engineering in April 1975. 23 INTERROGATORY NO. 34 24 How do YOU contend THIS DEFENDANT first became aware that there is an 25 association between asbestos exposure and disease in human beings? 26 111 27 ! 11 28 iPtt, LLP Ml r SHI MO I !// 000 ocoxxx AAM 26690S 04 -22- ( ( 1 RESPONSE: 2 The initial knowledge of a suggestion of potential hazards associated with 3 asbestos-lined brakes came in a telephone call from Dr. Selikoff to Dr Roy Gealer of Ford 4 Research and Engineering in April 1975. 5 INTERROGATORY NO. 35 6 Either attach all DOCUMENTS or disks containing such data, evidencing the 7 information upon which YOUR contentions in Interrogatory Nos. 34 and 35 are based or 8 describe such DOCUMENTS with sufficient particularity that they may be made the subject 9 of a request for production of documents. 10 RESPONSE: 11 Ford refers to and incorporated herein its response and objections to Interrogatory 12 No. 33. 13 INTERROGATORY NO. 36 14 When, did YOU first warn YOUR employees that exposure to asbestos could be 15 hazardous to human health? State: 16 A. Whether the first such warning was written or oral; 17 B. Whether copies of DOCUMENTS containing such warning exist; 18 C. The IDENTITY of the custodian of such DOCUMENTS; 19 D. The content of the warning. 20 RESPONSE: 21 Ford did not issue any wanting to its employees concerning the hazards of asbestos 22 because it purchased brake and clutch assemblies which were already preassemblcd and 23 affixed to metal shoes or plates. Since these products were installed as assemblies the 24 employees were not subjected to any exposure. 25 11 / 26 m 27 hi 28 in 000 000XXX AAM 1*690a 04 -23- (( 1 INTERROGATORY NO. 37 2 Did YOU ever issue a written COMPANY policy discontinuing warning YOUR 3 employees that exposure to asbestos could be hazardous to human health? If so: 4 A. Provide the date; 5 B. Describe the circumstances; 6 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 7 information sought in this interrogatory and its subparts to YOUR answers to these 8 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 9 made the subject of a request for production of documents. _ 10 RESPONSE: II Ford did not issue any warning to its employees concerning the hazards of asbestos 12 because it purchased brake and clutch assemblies which were already preassembled and 13 affixed to metal shoes or plates. Since these products were installed as assemblies the 14 employees were not subjected to any exposure. 15 INTERROGATORY NO. 38 16 At any time between 1930 and 1985, did YOU import, export, ship, transship or 17 otherwise transport RAW ASBESTOS into, out of or through any port in the GEOGRAPHIC 18 AREA? If so, for each occasion: 19 A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS; 20 B. IDENTIFY die ship or ships (including the owners and operators thereof) onto 21 or from which the RAW ASBESTOS was loaded, unloaded or transshipped; 22 C. State the dates, port and pier involved for each occasion; 23 D. Either attach all DOCUMENTS or disks containing such data, evidencing the 24 information sought in this interrogatory and its subparts to YOUR answers to these 25 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 26 made the subject of a request for production of documents. 27 /// 28 IPEft, U-f /// oocoooxxx AAM 266908 -24- 1 RESPONSE: 2 No. 3 INTERROGATORY NO. 39 4 Did YOU or any of YOUR predecessors-in-interest manufacture any of the following 5 products which contained ASBESTOS-CONTAINING FRICTION PRODUCTS at any time 6 between 1930 and 1985: 7 A. Automobiles; ' S B. Light duty trucks; 9 C Heavy duty trucks or trailers; _ 10 D. Buses/coaches; 11 E. Motorcycles; 12 F Winches, drilling rig or other stationary machinery; 13 G. Aircraft; 14 H. Rubber-tired crawler, construction or farm equipment; 15 I Railed engines or cars including light-railed 16 vehicles; 17 J. Ships; 18 K. Off-road vehicles; 19 L. Fork lifts; 20 M. Other machinery or equipment (please describe). 21 RESPONSE: _ _ _ ___________ 22 Ford responds as follows: 23 A. Yes. 24 B. Yes. 25 C. Yes. 26 D. Ford has been unable to locate records conclusively eliminating the 27 possibility that it manufactured those products during the relevant time. 28 ' E. '*, Uf ttt r SMI oooanxxx AAM 266908 04 No. -25- ( < 1 F. No. 2 G. No. 3 H. Yes. 4 I. No, 5 J. No. 6 K. Yes. 7 L. No. 8 M. If Plaintiffs define the phrase "other machinery or equipment" Ford will 9 attempt to further respond to this interrogatory 10 INTERROGATORY NO. 40 11 For each product identified in Interrogatory No. 39, state: 12 A. IDENTIFY the ORIGINAL EQUIPMENT including inclusive dates of 13 production; 14 B. For each, IDENTIFY and describe the NATURE of the 15 ASBESTOS-CONTAINING FRICTION PRODUCTS and the inclusive dates thereof, 16 C. IDENTIFY the manufacturer and/or distributor of the 17 ASBESTOS-CONTAINING FRICTION PRODUCTS which were included as component 18 parts in YOUR ORIGINAL EQUIPMENT; 19 D. Either attach all DOCUMENTS or disks containing such data, evidencing the 20 information sought in this interrogatory and its subparts to YOUR answers to these 21 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 22 made the subject of a request for production of documents (as to ORIGINAL EQUIPMENT 23 vehicle manufacturers, the documents responsive to this subpart are limited to 24 ASBESTOS-CONTAINING FRICTION PRODUCTS); 25 E. IDENTIFY the pcrson(s) presently most knowledgeable about the information 26 sought in this interrogatory or its subparts. 27 /// 28 PER. ILF Iff JM] /// 000 oooxxx AAM 266908 04 -26- f 1 ( 1 RESPONSE: 2 Ford responds as follows 3 A. Ford believes fncuon products were incorporated into its vehicles since it 4 began selling mass production vehicles in the early 1900s. Ford further states that the use of 5 asbestos-containing friction products were phased out of the majority of Ford's vehicles by 6 1984. By 1993, the only vehicles in which asbestos-containing friction products were still 7 used were low-volume limousine applications. Their use in limousines was discontinued in 8 1997. No one person authorized or directed the "stoppage' of asbestos-containing friction 9 products. Such products were phased out as 0 S.H.A regulations changed and suitable 10 alternatives were discovered. 11 B A brake lining is a narrow rectangle, shaped to fit around a circle. A clutch 12 facing is a flat, round, metal plate with two rings, one on each side of fnction material The 13 facing is between the fly-wheel of the engine and the pressure plate of the transmission. 14 C Ford will provide Plaintiff with a copy of a list of some historic suppliers of 15 asbestos-containing friction products. 16 D. Ford, in its on-going searches for information which may be relevant to 17 asbestos litigation, has accumulated approximately 20,000 pages of non-pnvileged documents 18 and other materials pertaining to asbestos-related issues. To the extent that Plaintiffs' 19 interrogatory may seek information that may be contained in these documents, Ford will 20 make them available for inspection and copying at Plaintiffs' expense at its offices in 21 Dearborn, Michigan, at a mutually agreeable time during regular business hours. 22 E. Mr. Arnold Anderson, is generally knowledgeable regarding 23 asbestos-containing friction products. 24 INTERROGATORY NO. 41 25 Did YOU manufacture or have manufactured or distribute in the United States for a 26 foreign manufacturer ORIGINAL EQUIPMENT? If so, please IDENTIFY each of YOUR 27 authorized dealers during the period 1930-1985 in the DEFINED GEOGRAPHIC AREA. 28 PER, LLP Mt 14504! /// OOQOOOXXX AAM 266908 04 -27- <f 1 RESPONSE; 2 Ford sells replacement parts through franchised dealers and authorized distributors in 3 every state. It is not feasible to respond comprehensively to this interrogatory because 4 records containing potentially responsive information have been discarded in accordance with 5 Ford's record retention policy. The retention period for documents of this nature is less than 6 7 years. 7 INTERROGATORY NO. 42 8 Did YOU or any of YOUR predecessors-in-interest MARKET brake shoes, brake 9 blocks, brake pads, brake linings or brake bands for any of the uses listed below at any time 10 between 1930 and 1985? 11 A. Automobiles or light duty tracks; 12 B. Heavy duty tracks or trailers; 13 C. Buses or coaches; 14 D. Motorcycles; 15 E. Winches, drilling ngs or other stationary machinery; 16 F. Aircraft; 17 G. Rubber tired crawlers, construction or farm equipment; 18 H. Railed engines or cars including light railed vehicles; 19 I. Shipboard; 20 Jf. Off-road vehicles; 21 K, Forklifts; 22 L. Other uses. 23 RESPONSE; 24 Ford refers to and incorporates herein its response to Interrogatory No. 39. 25 INTERROGATORY NO. 43 26 For each use identified in Interrogatory No. 42, state; 27 A. The trade, brand and generic name by which die product was known from 28 >PIP. UP Ml r 354} 1930 to 1985; 000 000XXX AAM 26690S W -28- 1 B. The date(s) YOU. 2 1 began MARKETING the product; 3 2 ceased to MARKET the product; 4 3. recalled the product from the market, if ever as a result of 5 asbestos-related health concerns, if any; 6 C A description of the type and grade of RAW ASBESTOS in the 7 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by 8 percentage of weight in each such ASBESTOS-CONTAINING FRICTION PRODUCT for 9 each year between 1930 and 1985, inclusive; _ 10 D. A general description of the physical appearance and NATURE of each type of 11 ASBESTOS-CONTAINING FRICTION PRODUCT including any generally used method of 12 identification of the product such as distinctive markings and/or logos and the date, ' 13 inclusive, during which they appeared. In addition to describing the distinctive markings 14 and/or Jogos, please IDENTIFY the manufacturer or distributor of each type of 15 ASBESTOS-CONTAINING FRICTION PRODUCT, 16 E. IDENTIFY the suppliers of the RAW ASBESTOS used in each type of 17 ASBESTOS-CONTAINING FRICTION PRODUCT and the time period of supply; 18 F. The purpose for the inclusion of asbestos in each type of 19 ASBESTOS-CONTAINING FRICTION PRODUCT (e.g,, binding agent, fire retardant, 20 etc.); 21 G. The type of shipping package and the range of shipping package dimensions, if 22 not solid, and the inclusive period of time during which YOU used each such container, 23 package or carton; 24 H. A detailed description of any printed material or trademark appearing on each 25 type of container, package or carton identified in G above and the inclusive period of time 26 during which each such combination of printed material and trademark was used; 27 I. A detailed description of any written instructions, wrapping or printed insert 28 which was or is placed in the container, package or carton with each such product and the (PER. LLP oooocoxxx AAM 26690S CM -29- <( 1 inclusive period of time during which each instruction, wrapping or printed insert was placed 2 in the container, package or carton; 3 J. Whether or not YOU have in YOUR possession of under YOUR control 4 samples or exemplars of: 1) each container, package or carton; 2) each printed material or 5 trademark appearing thereon; or 3) each written instruction, wrapping or printed 6 insert mentioned in YOUR response to G, H and I above. 7 K. Did YOU place edge codes on the ASBESTOS-CONTAINING FRICTION 8 PRODUCTS YOU MARKETED and, if so, during what period of time'?, 9 L. Either attach all DOCUMENTS or disks containing such data, evidencing the 10 information sought in this interrogatory and its subparts to YOUR answer to these 11 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 12 made the subject of a request for production of documents, 13 M IDENTIFY the person(s) presently most knowledgeable about the information 14 sought m this interrogatory or its subparts 15 RESPONSE: 16 A. Ford has not mined, processed or manufactured asbestos-containing friction 17 products. Ford sold replacement parts which included brake linings, pads and clutch facings 18 through franchised Ford dealers and authorized distributors in the United States, under names 19 such as Ford, Mercury, Ford Authorized Remanufacturers, and under various Imes and 20 series names such as Motorcraft. 21 B. Ford believes friction products were incorporated into its vehicles since it 22 began selling mass production vehicles in the early 1900s. Ford further states that the use of 23 asbestos-containing friction products were phased out of the majority of Ford's vehicles by 24 1984. By 1993, the only vehicles in which asbestos-containing friction products were still 25 used were low-volume limousine applications. Their use in limousines was discontinued in 26 1997. No one person authorized or directed the "stoppage" of asbestos-containing friction 27 products. Such products were phased out as O.S.H.A. regulations changed and suitable 28 alternatives were discovered. PER, LLP Ml 1341 000 oooxxx AAM 2A6908 04 -30- {( 1 C Ford has not manufactured brake linings, pads or clutch facings. Ford 2 purchased these products from suppliers. Ford understands the type of asbestos fibers in 3 these to be chiysotile However, since Ford does not manufacture these products, it does not 4 know percentages of asbestos that they contain, but, generally, it is thought to be, for 5 example, between 40% and 60% asbestos, by weight, in brake linings. 6 D A brake lining is a narrow rectangle, shaped to fit around a circle. A clutch 7 facmg is a flat, round, metal plate with two rings, one on each side of friction material. The 8 facing is between the fly-wheel of the engine and the pressure plate of the transmission 9 E. Ford has not manufactured brake linings, pads or clutch facings_ Ford 10 purchased these products from suppliers. Ford understands the type of asbestos fibers in II these to be chrysotile However, since Ford does not manufacture these products, it does not 12 know percentages of asbestos that they contain, but, generally, it is thought to be, for 13 example, between 40% and 60% asbestos, by weight, in brake linings. 14 F Ford used these linings and pads to assist in braking through transmitting 15 rotational force from the engine and fly-wheel to the rear wheels. 16 G. Aftermarket brake linings, pads and clutch facings are shipped in cartons. 17 With respect to the aftermarket brake linings sold by Ford, the Ford logo, as well as a label 18 which reads along the following lines has been placed on canons since 1980. 19 CAUTION: CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. 20 BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. WHEN 21 SERVICING THIS BRAKE LINING OR ANY COMPONENT RELATED TO IT OR 22 LOCATED NEAR IT, PREVENT ASBESTOS DUST FROM BEING AIRBORNE BY 23 VACUUMING THIS ASSEMBLY WITH AN INDUSTRIAL TYPE VACUUM CLEANER 24 EQUIPPED WITH A HIGH EFFICIENCY FILTER SYSTEM AND BY WASHING THE 25 ASSEMBLY WITH AN APPROPRIATE BRAKE PARTS WASHER IF NECESSARY. 26 NEVER REMOVE DUST OR DIRT FROM THIS ASSEMBLY BY BLOWING WITH 27 COMPRESSED AIR. 28 Ill PER, Uf Ml 1MI ooooooxxx AAM 16690% 04 -31- 1 H. Ford refers to and incorporates herein its response to Interrogatory 43G 2 I. Ford refers to and incorporates herein its response to Interrogatory 43G 3 J. Ford will produce a sample aftermarket carton used for a friction product. 4 K. Ford states that it did not place edge codes on asbestos products. Ford 5 purchases friction products from suppliers. The manufacturers of some friction products can 6 be ascertained by part numbers, formulation codes, and logos on the brake lining. 7 L. Ford will produce all documentation described in this response upon 8 appropriate request. 9 M. Mr. Arnold Anderson is generally knowledgeable regarding friction products 10 INTERROGATORY NO. 44 11 Did YOU or any of YOUR predecessors-in-interest MARKET clutch facings, dutch 12 plates or automatic transmission plates for any of the uses listed below at any time between 13 1930 and 1985? 14 A. Automobiles or light duty trucks; 15 B. Heavy duty trucks or trailers; 16 C. Buses or coaches; 17 D. Motorcycles; 18 E Winches, drilling rigs or other stationary machinery; 19 F. Aircraft; 20 G. Rubber tired crawlers, construction or farm equipment; 21 H. Railed engine or cars, including light railed vehicles; 22 I. Shipboard; 23 J. Off-road vehicles; 24 K. Forklifts; 25 L. Other uses. 26 RESPONSE; 27 Ford refers to and incorporates herein its response to Interrogatory No. 39. . 28 Ill ren, LLf Ml 1 oooooaxxx AAM2jS6K(M -32- {( 1 INTERROGATORY NO, 4S 2 For each use identified in Interrogatory No 44, state: 3 A. The trade, brand and genetic name by which the product was known from 4 1930 to 1985; 5 B. The date(s) YOU: 6 1 began MARKETING the product; 7 2. ceased to MARKET the product; 8 3. recalled the product from the market, if ever, as a result of 9 asbestos-related health concerns, if any; 10 C. A description of the type and grade of RAW ASBESTOS in the 11 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by 12 percentage of weight in each such ASBESTOS-CONTAINING FRICTION PRODUCT for 13 each year between 1930 and 1985, inclusive; 14 D A general description of the physical appearance and NATURE of each type of 15 ASBESTOS-CONTAINING FRICTION PRODUCT including any generally used method of 16 identification of the product such as distinctive markings and/or logos and the dates, 17 inclusive, during which they appeared. In addition to describing the distinctive markings 18 and/or logos, please IDENTIFY the manufacturer or distributor of each type of 19 ASBESTOS-CONTAINING FRICTION PRODUCT; 20 E. IDENTIFY the suppliers of the RAW ASBESTOS used in each type of 21 ASBESTOS-CONTAINING FRICTION PRODUCT and the time period of supply; 22 F. The purpose for the inclusion of asbestos in each type of 23 ASBESTOS-CONTAINING FRICTION PRODUCT (e.g., binding agent, fire retardant, 24 etc.); 25 G. The type of shipping package and the range of shipping package dimensions, if 26 not solid, and the inclusive period of time during which YOU used each such container, 27 package or carton; 28 *. LLP HI JH1 ooocroxxx AAM 264908 CM -33- <( I H. A detailed description of any printed material or trademark appearing on each 2 type of container, package or carton identified in G above, and the inclusive period of tune 3 during which each such combination of printed material and trademark was used; 4 I. A detailed description of any written instructions, wrapping or printed insert 5 which was or is placed in the container, package or carton with each such product, and the 6 inclusive period of time during which each instruction, wrapping or printed insert was placed 7 in the container, package or carton; 8 L Whether or not YOU have in YOUR possession or under YOUR control 9 samples or exemplars of. 1) each container, package or carton; 2) each printed material or 10 trademark appearing thereon; or 3) each written instruction, wrapping or printed 11 insert mentioned in YOUR response to G, H and I above; 12 K. Did YOU place edge codes on the ASBESTOS-CONTAINING FRICTION 13 PRODUCTS YOU MARKETED and, if so, during what period of time?, 14 L. Either attach all DOCUMENTS or disks containing such data, evidencing the 15 information sought in this interrogatory and its subparts to YOUR answers to these 16 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 17 made the subject of a request for production of documents; 18 M IDENTIFY the person(s) most knowledgeable about the information sought in 19 this interrogatory or its subparts. 20 RESPONSE; 21 Ford refers to and incorporates herein its response to Interrogatory No. 43 22 INTERROGATORY NO. 46 23 Did YOU or any of YOUR predecessors-in-interest MARKET any 24 ASBESTOS-CONTAINING FRICTION PRODUCTS to any ORIGINAL EQUIPMENT 25 MANUFACTURER? If so, IDENTIFY each ORIGINAL EQUIPMENT 26 MANUFACTURER to whom YOU MARKETED ASBESTOS-CONTAINING FRICTION 27 PRODUCTS and as to each ORIGINAL EQUIPMENT MANUFACTURER, IDENTIFY the 28 fER, LLf Ml &4| oooauxxx AAM 266908 04 -34- I( 1 ASBESTOS-CONTAINING FRICTION PRODUCT that YOU MARKETED to them and the 2 inclusive years that YOU did so. 3 A Either attach all DOCUMENTS or disks containing such data, evidencing the 4 information sought in this interrogatory and its subparts to YOUR answer to these 5 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 6 made the subject of a request for production of documents; 7 B. IDENTIFY the person(s) presently most knowledgeable about the information S sought in this interrogatory or its subparts. 9 RESPONSE: . 10 Ford refers to and incorporates herein its response to Interrogatory No. 43 11 INTERROGATORY NO. 47 12 Did YOU or any of YOUR predecessors-in-interest MARKET any 13 ASBESTOS-CONTAINING FRICTION PRODUCTS to any PRIVATE BRAND ACCOUNT 14 CUSTOMER? If so, for each PRIVATE BRAND ACCOUNT CUSTOMER, IDENTIFY 15 and describe the NATURE of the product MARKETED to that PRIVATE BRAND 16 ACCOUNT CUSTOMER, the inclusive dates thereof and, if known, the name(s) under 17 which the PRIVATE BRAND ACCOUNT CUSTOMER MARKETED the product. 18 A. DESCRIBE to the best of YOUR knowledge how the PRIVATE BRAND 19 ACCOUNT CUSTOMER MARKETED the product which YOU sold or distributed to it; 20 B. Either attach all DOCUMENTS or disks containing such data, evidencing the 21 information sought in this interrogatory or its subparts to YOUR answers to these 22 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 23 made the subject of a request for production of documents; 24 C. IDENTIFY the person(s) presently most knowledgeable about the information 25 sought in this interrogatory or its subparts. 26 RESPONSE: 27 Ford refers to and incorporates herein its response to Interrogatory No. 43. 28 PC*. /// LLP Ml Ml 000 oooxxx AAMMWMtM -35- i ( 1 INTERROGATORY NO. 48 2 Did YOU or any of YOUR predecessors-in-interest MARKET any 3 ASBESTOS-CONTAINING FRICTION PRODUCTS to any AFTER MARKET or 4 REPLACEMENT PART RETAILER operating 10 or more stores in the GEOGRAPHIC 5 AREA** If so, IDENTIFY each AFTER MARKET or REPLACEMENT PART RETAILER 6 in the GEOGRAPHIC AREA and for each please state: 7 A The inclusive years during which YOU MARKETED products to said AFTER 8 MARKET or REPLACEMENT PART RETAILER, 9 --B IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS which 10 YOU MARKETED to the AFTER MARKET or REPLACEMENT PART RETAILER; 11 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 12 information sought in this interrogatoty and-its subparts to YOUR answers to these 13 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 14 made the subject of a request for production of documents, 15 D IDENTIFY the person(s) presently most knowledgeable about the information 16 sought m this interrogatory or its subparts. 17 RESPONSE: 18 Ford refers to and incorporates herein its response to Interrogatory No, 43. 19 INTERROGATORY NO. 49 20 - Did YOU or any of YOUR predecessors-in-interest MARKET any 21 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor who 22 MARKETED the product under YOUR name in the GEOGRAPHIC AREA? If so, 23 IDENTIFY each warehouse distributor who MARKETED the product under YOUR name in 24 the GEOGRAPHIC AREA and for each state; 25 A. The inclusive years during which YOU MARKETED 26 ASBESTOS-CONTAINING FRICTION PRODUCTS to said warehouse distributor who 27 distributed the product under YOUR name; 28 IPR, LIP wt r ooooooxxx AAM 266908 M -36- `( 1 B IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS which 2 YOU MARKETED to the warehouse distributor who distributed the products under YOUR 3 name; 4 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 5 information sought in this interrogatory and its subparts to YOUR answers to these 6 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents; 8 D IDENTIFY the person(s) presently most knowledgeable about the information 9 sought in this interrogatory or its subparts _ 10 RESPONSE: 11 Ford refers to and incorporates herein its response to Interrogatory No. 43. 12 INTERROGATORY NO. 50 13 Did YOU or any of YOUR predecessors-in-interest MARKET any 14 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor who 15 MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS under a name 16 other than YOURS in the GEOGRAPHIC AREA? If so, IDENTIFY each warehouse 17 distributor who MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS 18 under a name other than YOURS in the GEOGRAPHIC AREA and for each please state: 19 A The inclusive years during which YOU MARKETED 20 ASBESTOS-CONTAINING FRICTION PRODUCTS through said warehouse distributor; 21 B. IDENTIFY the products which YOU MARKETED through the warehouse 22 distributor and for each the name under which the warehouse distributed MARKETED the 23 product; 24 C. Either attach all DOCUMENTS ot disks containing such data, evidencing the 25 information sought in this interrogatory and its subparts to YOUR answers to these 26 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 27 made the subject of a request for production of documents; 28 ritiKf Ml rU41 000 oooxxx A AM 266903 04 -37- 1 ( 1 D IDENTIFY the person(s) presently most knowledgeable about the information 2 sought in this interrogatory or its subparts. 3 RESPONSE: 4 Ford refers to and incorporates herein its response to Interrogatory No. 43. 5 INTERROGATORY NO. 51 6 Did YOU or any of YOUR predecessors-in-interest MARKET any 7 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or more 8 stores in the GEOGRAPHIC AREA who sold ASBESTOS-CONTAINING FRICTION 9 PRODUCTS under YOUR name in the GEOGRAPHIC AREA7 If so, IDENTIFY each 10 retailer who sold ASBESTOS-CONTAINING FRICTION PRODUCTS under YOUR name 11 in the GEOGRAPHIC AREA and for each state: 12 A The inclusive years during which YOU MARKETED 13 ASBESTOS-CONTAINING FRICTION PRODUCTS to said retailer who sold the product 14 under YOUR name; 15 B Please identify the ASBESTOS-CONTAINING FRICTION PRODUCTS 16 which YOU MARKETED to the retailer who sold the product under YOUR name; 17 C Either attach all DOCUMENTS or disks containing such data, evidencing the 18 information sought in this interrogatory and its subparts to YOUR answers to these 19 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 20 made the subject of a request for production of documents; 21 D. IDENTIFY the person(s) presently most knowledgeable about the information 22 sought in this interrogatory or its subparts. 23 RESPONSE: 24 Ford refers to and incorporates herein its response to Interrogatory No. 43. 25 INTERROGATORY NO. 52 26 Did YOU or any of YOUR predecessors-in-interest MARKET any 27 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or more 28 stores in the GEOGRAPHIC AREA who MARKETED the product under any other name in iFEIl, MIIlP t 5441 ooooooxxx AAM 266908 CM -38- '( 1 the GEOGRAPHIC AREA? If so, IDENTIFY each retailer who MARKETED the product 2 under any other name in the GEOGRAPHIC AREA and for each state: 3 A. The inclusive years during which YOU MARKETED products through said 4 retailer; 5 B IDENTIFY the products which YOU MARKETED through each retailer and, 6 for each, the name under which the retailer MARKETED the product; 7 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 8 information sought in this interrogatory and its subparts to YOUR answers to these 9 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 10 made the subject of a request for production of documents; 11 D IDENTIFY the person(s) presently most knowledgeable about the information 12 sought in this interrogatory or its subparts. 13 RESPONSE: 14 No. 15 INTERROGATORY NO. 53 16 Did YOU or any of YOUR predecessors-in-interest MARKET any 17 ASBESTOS-CONTAINING FRICTION PRODUCTS to any FABRICATOR OF ORIGINAL 18 EQUIPMENT PARTS? If so, IDENTIFY each FABRICATOR OF ORIGINAL 19 EQUIPMENT PARTS to whom YOU MARKETED products and as to each FABRICATOR 20 OF ORIGINAL EQUIPMENT PARTS, state: ' 21 A. The inclusive years during which YOU MARKETED said products to each 22 FABRICATOR OF ORIGINAL PARTS; 23 B. IDENTIFY each product YOU MARKETED to each FABRICATOR OF 24 ORIGINAL PARTS; 25 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 26 information sought in this interrogatory and its subparts to YOUR answers to these 27 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 28 made the subject of a request for production of documents; lR, ooooooxxx AAM 266908 04 -39- '. ( 1 D. IDENTIFY the person(s) presently most knowledgeable about the information 2 sought in this interrogatory or its subparts. 3 RESPONSE: 4 Ford refers to and incorporates herein its response to Interrogatory No. 43. 5 INTERROGATORY NO. 54 6 Did YOU or any of YOUR predecessors-in-interest MARKET any 7 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of the 8 U S. Government'7 If so, IDENTIFY each agency or department of the U.S Government to 9 whom YOU MARKETED products and as to each agency or department of the U.S 10 Government IDENTIFY the product that YOU MARKETED to them and the inclusive 11 years that YOU did so. 12 A Either attach all DOCUMENTS or disks containing such data, evidencing the 13 information sought in this interrogatory and its subparts to YOUR answers to these 14 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 15 made the subject of a request for production of documents; 16 B. IDENTIFY the person(s) presently most knowledgeable about the information 17 sought in. this interrogatory or its subparts. 18 RESPONSE: 19 Ford states that it sells replacement parts through franchised dealers, authorized 20 distributors and to the U. S. Military. 21 INTERROGATORY NO. 55 22 Did YOU or any of YOUR predecessors-in-interest MARKET any 23 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of any 24 governmental entity other than the U.S. Government? If so, IDENTIFY any agency or 25 department of any governmental entity other than the U.S. Government to whom YOU 26 MARKETED products and as to each agency or department of said governmental entity other 27 than the. U.S. Government, IDENTIFY the product that YOU MARKETED to them and the 28 inclusive years that YOU did so. >PER, ItP 000 oooxxx AAM 26690SCK -40- 1 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 2 information sought in this interrogatory and its subparts to YOUR answers to these 3 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 4 made the subject of a request for production of documents; 5 B. IDENTIFY the person(s) presently most knowledgeable about the information 6 sought in this interrogatory or its subparts 7 RESPONSE: 8 Ford refers to and incorporates herein its response to Interrogatory No 43 9 INTERROGATORY NO. 56 10 Did YOU purchase or acquire any of the RAW ASBESTOS YOU used, processed, 11 manufactured, supplied, distributed, labeled or sold from the General Services Administration 12 or any branch or agency of the U S Government during the period 1930 to 1985? If 13 yes, state: 14 A. The name and address of the agency which supplied the RAW ASBESTOS, 15 B The grade and types of RAW ASBESTOS purchased or acquired; 16 C. The quantities of each type of RAW ASBESTOS purchased or acquired from 17 1930 to 1985; 18 D. The means of packaging, 19 E. Any health warning which accompanied each shipment of asbestos and indicate 20 when the warnings were first made; 21 F. Either attach all DOCUMENTS or disks containing such (fata, evidencing the 22 information sought in this interrogatory and its subparts to YOUR answers to these 23 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 24 made the subject of a request for production of documents; 23 G. IDENTIFY the person(s) presently most knowledgeable about the information 26 sought in this interrogatory or its subparts. 27 Ill 28 IPCR, UP Ml r 40 I in oocoocxxx AAM 2669(8 04 -41- (< 1 RESPONSE: 2 Ford has not manufactured asbestos-containing brake parts used in its production 3 vehicles and, therefore, has not purchased processed asbestos used in their manufacture. 4 INTERROGATORY NO. 57 5 As to each ASBESTOS-CONTAINING FRICTION PRODUCT listed in YOUR 6 preceding answers to these interrogatories, did DEFENDANT warn of the health hazards of 7 asbestos? If so, state for each such warning: 8 A. The content, size, color and location; whether the warning appeared on the 9 material and/or on the container and/or placed on a tag, whether the warning was included m 10 contracts, whether the warning was included in advertising or other promotional material, 11 B. State whether YOU have any photographs thereof; 12 C. The inclusive dates on which YOU used each such warning; 13 D. State all changes YOU made in such warnings and the dates of such changes; 14 E. IDENTIFY the person most knowledgeable about YOUR warnings and 15 warning policy, 16 F. Do YOU have or know of samples, photographs or DOCUMENTS depicting 17 the above warnings? 18 RESPONSE: 19 Ford refers to and incorporates herein us response to interrogatory No. 56. 20 INTERROGATORY NO. 58 21 State whether any surveys or studies of ambient asbestos dust have been conducted by 22 YOU or on YOUR behalf at vehicle repair or maintenance facilities. If yes, state as to each 23 such survey or study: 24 A. The subject matter, title and date of each study; 25 B. The date and the name of the person authorizing the study; 26 C. The reason for the study; 27 D. IDENTIFY the persons who conducted the study; 28 mn, UP Mt W4| E. ooooooxxx AAM 266908 04 The date the study was completed; -42- ( t 1 F Whether the results were published and disseminated and, if so, where and to 2 whom; 3 G. The results of the study; 4 H. If statistical analyses were made, state the date and describe the results and 5 assumptions upon which they were based; 6 I Either attach all DOCUMENTS or disks containing such data, evidencing the 7 information sought in this interrogatory and its subparts to YOUR answers to these S interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 9 made the subject of a request for production of documents; 10 J. IDENTIFY the person(s) presently most knowledgeable about the information 11 sought in this interrogatory or its subparts. 12 RESPONSE: 13 In the early 1970's Arnold Anderson and Roy Gealer of Ford's Scientific Research 14 Staff conducted tests to determine the quantity of asbestos fibers liberated from brake Linings 15 during the braking process They concluded that over 99.98% of the asbestos fibers in brake 16 linings decomposed during the braking process into other materials. Their results were 17 published in a 1973 SAE paper by A. Anderson and R. Gealer entitled "Asbestos 18 Emissions From Brake Dynamometer Tests " 19 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake 20 linings being cleaned by brake mechanics using air hoses. They determined that asbestos 21 levels were well below existing or proposed O.S.H.A. standards. This testing was 22 done by Mr. Anderson and Henry Lick, under the supervision of Paul Toth, the then 23 manager of Industrial Hygiene. 24 In addition. Ford partially financed studies done at Mt. Sinai School of Medicine 25 which reached the same conclusions as the Ford Anderson/Gealer studies. 26 /// 27 l! I 28 HI rcR, LLP ooooaoxxx AAM 264908 M -43- (( 1 INTERROGATORY NO. 59 2 With respect to each product identified in YOUR answers to these interrogatories, 3 describe: 4 A. The procedure which YOU recommended for installing the 5 ASBESTOS-CONTAINING FRICTION PRODUCT in the vehicle or machine for which it 6 was manufactured; 7 B. The procedure which YOU recommended for removing the ASBESTOS8 CONTAINING FRICTION PRODUCT from the vehicle or machinery for which it was 9 manufactured; 10 C. Whether the procedure YOU recommended for the use, maintenance or 11 servicing of the ASBESTOS-CONTAINING FRICTION PRODUCT included: 12 1. Grading; 13 2. Arcing; 14 3 Beveling; 15 4. Sanding 16 D. Either attach all DOCUMENTS or disks containing such data, evidencing the 17 information sought in this interrogatory and its subparts to YOUR answers to these 18 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 19 made the subject of a request for production of documents; 20 E. IDENTIFY the person(s) presently most knowledgeable about the information 21 sought in this interrogatory or its subparts. 22 RESPONSE: 23 Ford states as follows: 24 A. - B. Ford issued an August 3, 1973, memorandum to Plant Safety Engineers 25 directing that brake drums be cleaned using industrial type vacuum cleaners. The memo 26 directed that air hoses should not be used to clean brake drums. Simultaneously, 27 Maintenance Bulletin 137 was issued by the Plant Engineering Office to the same effect. 28 IK*. LLP ooovmxx AAM 26690S CM -44- (( 1 On October 24, 1975, Ford Technical Service Bulletin 99 was distributed to Ford and 2 Lincoln-Mercury Dealers It recommended that a vacuum cleaner be used for cleaning 3 brakes. In January 1976, a Technical Service Bulletin 104 was issued to the dealers 4 indicating that Ford recommended the use of an industrial vacuum cleaner in brake cleaning 5 operations. The 1977 edition of the Rotunda Catalog and Ford's Shop Manual for 6 Dealerships recommended that brakes not be cleaned with an air hose and that a vacuum 7 cleaner be used for this purpose. In November 1983, Ford issued Bulletin No. 83-22 on 8 brake and clutch servicing Technical Service Bulletins are presently distributed to 9 approximately 29,000 Ford and Lincolc-Mercury dealer technicians. These documents are 10 the results of corporate activity and are not the work of any single author. These bulletins 11 have not been superseded. 12 C. At one time, it was the practice to shape and fit linings by cutting, grinding 13 and beveling. Also, at one time, it was the practice to affix friction material to the metal 14 shoes or plates by nvetmg and bonding. 15 D. Ford, in its on-going searches for information which may be relevant to 16 asbestos litigation, has accumulated approximately 20,000 pages of nan-privileged documents 17 and other materials pertaining to asbestos-related issues. To the extent that Plaintiffs' 18 interrogatory may seek information that may be contained in these documents. Ford will 19 make them available for inspection and copying at Plaintiffs' expense at its offices in 20 Dearborn, Michigan, at a mutually agreeable time during regular business hours. 21 E. Mr. Arnold Anderson, is generally knowledgeable regarding 22 asbestos-containing friction products. 23 INTERROGATORY NO. 60 24 Did any of the individuals or COMPANIES identified in YOUR answer to 25 Interrogatory Nos. 46-55 inclusive and Interrogatory No. 61 have an exclusive relationship 26 with YOU? If so, IDENTIFY the individual or COMPANY, the production for which the 27 exclusive relationship existed and the inclusive dates of the exclusive 28 relationship. IPEB, LLP wt r3541 oooooaxxx AAM2WS W -45- (( 1 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 2 information sought in this interrogatory and its subparts to YOUR answers to these 3 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 4 made the subject of a request for production of documents; 5 B. IDENTIFY the persons) presently most knowledgeable about the information 6 sought in this interrogatory or its sobpaits. 7 RESPONSE: 8 No. 9 INTERROGATORY NO. 61 10 Did YOU at any time between 1930 and 1985 own or operate a wholesale or retail 11 business or store in the DEFINED GEOGRAPHIC AREA at which 12 ASBESTOS-CONTAINING FRICTION PRODUCTS were MARKETED? If so: 13 A. State the name, address and years that the BUSINESS or store were in 14 operation; 15 B. IDENTIFY the owner and operator of the store or BUSINESS and the 16 inclusive dates thereof; 17 C. IDENTIFY and describe the NATURE of the ASBESTOS-CONTAINING 18 FRICTION PRODUCTS sold at the BUSINESS or store and the inclusive dates thereof, 19 D. Did the store of BUSINESS have an exclusive relationship with any 20 manufacturer or MARKETER of ASBESTOS-CONTAINING FRICTION PRODUCTS? If 21 so, IDENTIFY the manufacturer or MARKETER, IDENTIFY the 22 ASBESTOS-CONTAINING FRICTION PRODUCTS and state the inclusive dates of the 23 exclusive relationship; 24 E. Either attach all DOCUMENTS or disks containing such data, evidencing the 25 information sought in this interrogatory and its subparts to YOUR answers to these 26 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 27 made the subject of a request for production of documents; 28 LLP nt IM1 oooomxxx A>M 26*906 04 -46- (f 1 F. IDENTIFY the person(s) presently most knowledgeable about the information ^ 2 sought in Otis interrogatory or its subpaits. 3 RESPONSE; 4 Ford sells replacement parts through franchised dealers and authorized distributors 5 throughout the United States. Ford also refers to and incorporates herein its response to 6 Interrogatory No. 10. 7 INTERROGATORY NO. 62 8 If any person YOU have identified in YOUR answers to these interrogatories has had 9 his "or her deposition taken, IDENTIFY the deposition by the name of the deponent, the date 10 the deposition was taken, the caption and number of the action in which it was taken, the 11 court which had jurisdiction over the action in which it was taken (including state and 12 county) and either the name and address of the court reporting agency which took the 13 deposition or the_naraeand address of deponent's counsel of record. 14 RESPONSE: 15 Ford refers to and incorporates herein its response to Interrogatory No. 12. 16 17 Respectfully submitted, 18 HARDIN, COOK, LOPER, ENGEL & BERGEZ, LLP 19 20. IaMO By: 21 /EUGENEBROWN, JR. 22 23 24 25 26 27 28 PLEtRf, Mt r1&4I onooaxxx AAM 266508 CM -47- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iPCIt, LLP Hi 1341 0030100031 AAM mix (( VERIFICATION TO FOIJf.OW 2- - ( 1 affidavit of service 2 STATE OF CALIFORNIA, COUNTY OF ALAMEDA 3 I, SUSAN ROMO, declare: 4 I am a citizen of the United States, over 18 years of age, and not a party to the within 5 action. I am employed in the County of Alameda. My business address is 1999 Harrison Street, Eighteenth Floor, Oakland, California. 6 7 On June 30, 1998,1 served the within: 8 FOURTH AMENDED SUPPLEMENTAL RESPONSES OF FORD MOTOR COMPANY TO GENERAL ORDER 129 STANDARD INTERROGATORIES TO 9 FRICTION DEFENDANTS _ 10 on all parties in this action, as addressed below, by causing a true copy thereof to be II distributed as follows: 12 XXX BY MAIL 1 am "readily familiar" with the Ann's practice of collection and processing correspondence for mailing Under that practice it would be deposited with U.S. postal service on that 13 same day with postage thereon fully prepaid in the ordinary course of business 1 am aware that on motion of the party served, service is presumed invalid of postal cancellation date or postage meter date 14 is more than one day after the date of deposit for mailing in affidavit. 15 BERRY & BERRY 16 1300 Clay Street, 9th FI. Station D, P.O. Box 70250 17 Oakland, CA 94612-0250 18 BRAYTON, HARLEY & CURTIS 222 Rush landing Road 19 P.O. Box 2109 20 Novato, CA 94948 21 Harry F. Wartnick, Esq. WARTNICK, CHABER, HAROWITZ, SMITH & TIGERMAN 22 101 California Street, 22ND FLOOR San Francisco, CA 94111 23 24 I declare under the penalty of perjury, under the laws of the State of California that the foregoing is true and correct. 25 Executed on June 30, 1998, at Oakland, Califon 26 27 28 rt*. LLP wt 00001 00001 IS41 AAM 271230 SUSAN ROMO 1- -