Document 7RoXGRVRGR24XKKDbeZNDa83j
FILE NAME: Wagner (WAG) DATE: 2006 Oct 13 DOC#: WAG005 DOCUMENT DESCRIPTION: Legal - Answers to Plaintiffs' Interrogatories
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN RE: ASBESTOS LITIGATION
:
C.A. NO.: 77C-ASB-2
DEFENDANT CHARLES A. WAGNER COMPANY, INC.'S STANDARD ANSWERS TO STANDING ORDER NO. 1 INTERROGATORIES
AS MANDATED BY PARAGRAPH 11 OF STANDING ORDER NO. 1 AS AMENDED ON OCTOBER 13.2006
I.
Describe in detail, with specificity and
particularity each product mined, produced, manufactured or
sold by the answering defendant or its predecessors in' title or
subsidiaries which contained asbestos for each year from 1936
until 1980; and for each such product describe;
(a) Its chemical ingredients;
(b) State the manner in which it was intended to
be used, i.e., in the construction and/or insulation of
buildings and/or equipment, etc.;
(c) For each ingredient contained therein state:
(i) The name or chemical composition of
each substance, what harmful effects, if any are known, that it
produced in man or mammals and whether it produces its harmful
effects through ingestion, inhalation, absorption or a
combination of these;
(ii)
When you determined and/or learne
the substance produced harmful effects and how such effects
were produced;
(iii)
Identify each individual who
participated in such determination and/or obtained such
knowledge ;
(i v )
identify each document that refer
reflects or relates to any information pertaining to the
properties of each of the ingredients and/or how the harmful
effects are produced as well as your determination of those
toxic effects and the manner by which they are produced;
J1 J
(v)
As to any information received oral
in answer to this interrogatory, identify each person who
supplied such information and state the full substance of the
information supplied;
(vi)
Which products or ingredients were
mined, which were manufactured and which were distributed by
answering defendants.
ANSWER: Asbestos
(a) Unknown.
(b) None known to this Defendant.
(c) Unknown
2.
If any product indentified in answer to
Interrogatory No. 1 and was produced, manufactured and/or sold
under a trade name, identify that trade name(s) and state the
time period that each such product was sold under such trade
name.
ANSWER: 2. Not applicable.
3. For each product identified in answer to
Interrogatory No. 1, state:
(a) The address of each plant where it was
manufactured, processed or packaged;
(b) Whether you were the sole producer,
manufacturer and/or distributor of the product and, if not:
(i)
The name and address of each other
person, firm or other entity engaged in the production,
manufacture and/or distribution of the product;
(ii)
Whether any other manufacturer produ
the product by virtue of a franchise or license from you;
(iii)
The persons or firms who produced the
product for distribution in the United States;
(iv)
The person or firms who produced the
product for distribution in the State of Delaware.
ANSWER: (a)
To the best of this Defendant's knowledge,
Thetford Mines;
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(b) This Defendant was not a producer or
manufacturer.
This Defendant was not the sole distributor. i. Unknown,
ii. No.
iii. Asbestos Corporation, Ltd.
iv. Asbestos Corporation, Ltd.
4.
For each product identified in answer to
Interrogatory 1 state:
(a) How the product was sold and/or distributed
for use in the United States and/or the State of Delaware;
(b) Identify all persons, firms or other
entities to whom these products were sold or through whom they
were distributed during the period 1936 to 1980;
(c) For each such person, firm or other entity
identified in answer to subpart (b) above, state the following:
(1) the specific product sold and/or
distributed;
(2) the quantity of the product sold and/or
distributed;
(3) the dates which these products were
sold, shipped and delivered to each entity;
(d) identify each individual who has any
knowledge of these sales and/or distribution and state with
specificity and particularity the substance of each
individual's knowledge;
(e) Identify and produce all documents which
refer, reflect or relate to all sales and/or distribution of
each such product to each such entity identified above.
ANSWER: (a)
This Defendant knows only that it sold the
product to customers who ordered it and that the region of it's
sales was the Delaware Valley, including Delaware.
(b) This interrogatory is objected to as
overboard and burdensome in the extreme, without waiving this
objection, Defendant states that it sold asbestos to the DuPont
Seaford plant.
(c) (1) Asbestos, Grade 6D;
January 9, 1958 June 2, 1958 December 1, 1958 June 10, 1959
4000 lb.
4000 1b. 4000 lb. 4000 lb.
December 28, 1959 May 13, 1960
4000 lb. 4000 lb.
November 14, 1960 4000 lb.
September 25, 1961 2000 lb.
June 18, 1962
2000 lb.
December 17, 1962 2000 lb.
September 24, 1963 1500 lb.
February 12, 1964 1500 lb.
April 7, 1964
1900 lb.
October 26, 1964
2000 lb.
January 11, 1965
2000 lb.
May 24, 1965
1200 lb.
July 7, 1965
1200 lb.
September 15, 1965 1200 lb.
November 3, 1965
1200 lb.
December 6, 1965
1800 lb.
March 1, 1966
1000 lb.
March 23, 1966
1000 lb.
May 6, 1966
2000 lb.
August 30, 1966
2000 lb.
January 18, 1967
2000 lb.
June 20, 1967
2000 lb.
January 4, 1968
1000 lb.
April 17, 1968
1000 lb.
August 2, 1968
1000 lb.
November 26, 1968 1000 lb.
March 4, 1969
1000 lb.
June 16, 1969
1000 lb.
August 22, 1969
1000 lb.
December 16, 1969 1000 lb.
February 16, 1970 2000 lb.
August 25, 1970
1000 lb.
October 26, 1970
1000 lb.
December 18, 1970 1000 lb.
February 11, 1971 1000 lb.
July 27, 1971
1000 lb.
January 4, 1972
1000 lb.
March 24, 1972
200 lb.
April 7, 1972
100 lb.
August 16, 1972
100 lb.
September 11, 1972 100 lb.
January 29, 1972
100 lb.
(d)
Edward Rabon, President, Charles A. Wagner
Co., Inc. has reviewed records reflecting the above sales. No
4
individual is known to hve knowledge of such sales indpendant
of the records.
(e)
Ail of such records were produced at the
Dposition of Edward Rabon on June 19, 1985.
5.
For each product identified in answer to
Interrogatory 1 state whether you engaged in any advertising
program to promote the sale of that product and, if so state:
(a) The name or description of each advertising
media that you have used to promote the product .during the
periof 1936 to 1980;
(b) The name of each national magazine or
periodical in which you have advertised the product during the
period of 1936 through 1980.
(c) The date of each issue of such magazine or
periodical in which such advertisement appeared;
(d) The name and address of each newspaper in
which it advertised the product during the period of 1936
through 1980;
(e) The date of each publication of each
newspaper in which the advertisement appeared;
(f) Identify and produce each document which
refers, reflects or pertains to each such advertisement which
was published in each such magazine, periodical and/or
newspaper;
(g) State whether the advertising of the product
was handled by an agency and, if so, state the name and address
of each advertising that handled any portion of the advertising
of the product during the period 1936 through 1980.
ANSWER: No advertising was undertaken directed to
Asbestos.
6.
For each product identified in answer to
Interrogatory 1 which was distributed to a company that used
said products in Delaware or was a distributor of said products
for an area including Delaware or was a distributor of said
products for an area including Delaware, state;
(a) The name and address of the company; (b) Whether the asbestos contained was
tremolite, crodolite, crysotile, amosite and/or anthophyllite
asbestos and state the amount in terms of the percentage of the
total asbestos contained in the product. (c) The total amount of asbestos contained in
the product; (d) The exact formulation of the product
including the other non-asbestos ingredients thereof;
(e) The name and address of each individual who particiapted in the formulation of such product;
(f) The identity of each document which refers, reflects or relates to any information provided in the answer to this interrogatory;
(g) The names and address of the persons usually communicated with when dealing with said company.
(h) Identify the living individual most knowledgeable about the answers given above in 6(b), (c) and (d);
(i) Identify the living individual most knowledgeable about distribution of the above products in Delaware and in an area of which Delaware was a part.
ANSWER:
(a) E. I. DuPont deNemours and Co., Seaford
Delaware;
(b) To the best of this Defendant's knowledge,
the Asbestos sold to the DuPont Company was chrysotile;
(c) The product was Asbestos;
(d) The product was Asbestos;
(e) Unknown;
(f) The records of sales of Asbestos 6D to
DuPont have been produced. Invoices reflecting the purchases
of Asbestos have been produced;
(g) Unknown;
(h) This information would have to come from
this Defendant's supplier, Asbestos Corporation Limited;
(i) Edward Rabon;
7.
With regard to each form of asbestos
identified in the answer to Interrogatory 6, state:
(a) Where it was purchased, if it was not
purchased, where it was obtained;
(b) From whom it was purchased;
fibers
6
(c)
The manner in which it was received, store
and used in the production of the product.
ANSWER:
This Interrogatory appears to be directed
to manufacturers who use Asbestos and not to suppliers such as this Defendant.
8.
If you manufacture any insulation products
are commonly used by insulators and which contain asbestos;
(a) describe how the products listed in (b) are
cut, shaped, mixed and applied on the jobs giving particular
reference as to whether or not the materials have to be sawed
or cut on the job, blown into confined areas, or mixed with
water into a cement or past;
(b) State if there is any way known to you that
the products listed below can be used and applied without the
worker inhaling any of the asbestos dust or fibers:
(1) Asbestos cement; Asbestos Finishes;
(2) Asbestos pipe covering;
(3) Asbestos bricks or block;
(4) Asbestos sheeting;
(5) Asbestos insulation used to cover
extremes of heat as well as cold;
(6) Asbestos insulation in loose form which
may be blown into homes or buildings; (7) Asbestos in spray form;
(8) Asbestos mineral in fiber form or
particulate form. (9) Asbestos Millboard, rope, gaskets,
paper gloves or blanket. (c) Did your company buy any products listed in
(b) above from other manufacturers and relabel it or have it
labeled for your company?
(1) If yes, which products and from whom.
(d) Did your company produce any products within
the list in (b) above for other companies?
(1) If yes, which products and for whom.
(e) Whether prior to distributing the product
you altered it in any manner from the form in which you
received it from the source, and if so what type of alterations
or modifications were made by you; (f) Whether prior to distributing the product
you re-packaged or in any way altered the packaging or labelling of the product after receiving it from the source,and
if so what alterations were made by you.
which
ANSWER: Not applicable.
9.
For each product listed in answer to
Interrogatory No. 1, describe each end use for which each such
product was intended to be used by the industry and for each such use:
used;
(a) Describe the form of the product when so
(b) Describe the process and/or method by which
the product would be applied for each such use;
(c) Describe the equipment to be used to apply
the product for each such use;
(d) Identify each document that refers, reflects
or relates to a n y `information and state the full substance of
the information supplied;
(e) As to any information received orally in
answer to any interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
ANSWER: This Defendant has no knowledge with which
to answer this interrogatory.
10. State whether any of the equipment identified in answer to Interrogatory No. 9(c) was manufactured by you or any parent or subsidiary company or related company.
ANSWER: Not applicable.
11. If any piece of equipment identified in answer to Interrogatory No. 9(c) was invented, developed or first made by you or any person associated with you or any related company or association, state:
(a) When it was invented, developed or made; (b) The identity of each individual who participated therein and describe in detail the extent of his participation ; (c) The identity of each document which reflects, refers or relates to any information set forth in answer to this interrogatory. (d) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: Not applicable.
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12. State whether you or any person associated with you or any related company or association invented,*developed or made any change and/or improvement in any piece of equipment identified in answer to Interrogatory No. 9(c), and if so:
(a) Describe the change and/or improvement made; (b) State when it was made; (c) Identify each individual who participated therein and describe in detail the extent of his participation; (d) Identify each document which reflects, refers or relates to any information set forth in answer to this interrogatory; (e) As to any information received orally in answer to this interrogatory, identify each person who has supplied such information and state the full substance of the information.
ANSWER: Not applicable.
13. For each process and/or method identified in answer to Interrogatory No. 9(b), state whether it was developed by you or a parent or subsidiary or related company.
ANSWER: Not applicable.
14. For each process and/or method identified in answer to Interrogatory No. 9(b) developed or first made by you or any person associated with you or any related company or association, state:
(a) when and where it was developed; (b) The identity of each individual who participated therein and describe in detail the extent of his participation; (c) The identity of each document which reflects, refers or related to any information set forth in answer to this Interrogatory. (d) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: Not applicable.
15. State whether you or any person associated with you or any related company or association developed or made any change and/or improvement in any process and/or method identified in answer to interrogatory No. 9(b), and if so:
(a) Describe the change and/or improvement made(b) State when and where it was made; (c) Identify each individual who participated therein and describe in detail the extent of his participation;
(d) Identify each document which reflects, refers or related to any information set forth in answer to this interrogatory..
(e) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER : Not applicable.
16.
For each product identified in the answer to
Interrogatory No. 1, describe what, if any, tests were made to
determine the safety of said product and:
(a) State when and where each such tests was
made;
(b) Describe the results of each such test;
(c) Identify each individual who participated
therein and describe in detail the extent of his participation ;
(d) Identify each document which reflects,
refers or relates to any information set forth in answer to
this nterrogatory;
(e) As to any information received orally in
answer to this interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
ANSWER:
(a) Unknown to this Defendant,
(b) Unknown to this Defendant,
(c) Unknown to this Defendant,
(d) Unknown to this Defendant,
(e) Unknown to this Defendant.
17.
For each process or method identified in
to Interrogatory No. 9(b), describe what, if any, tests were
made to determine the safety of said process or method and:
(a) State when and where each such test was made;
(b) Describe the results of each such test;
(c) Identify each individual who participated
therein and describe in detail the extent of his participation;
(d) Identify each document which reflects,
refers or relates to any information set forth in answer to
this interrogatory;
(e) As to any information received orally in
answer to this interrogatory, identify each person who supplied
answer
10
such information and state the full substance of the information supplied.
ANSWER: Not applicable.
18. For each piece of equipment identified in answer to interrogatory No. 9(c), describe what, if any tests were made to determine the safety of said equipment and:
(a) State when and where each such test was made; (b) Describe the results of each such test; (c) Identify each individual who participated therein and describe in detail the extent of his participation; (d) Identify each document which reflects, refers or relates to any information set forth in answer to this interrogatory; (e) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: Not applicable.
19. For each label, brochure, or other written
material describing or relating to the use of each product
identified in answer to interrogatory No. 1, produced by you or
any person associated with you or any related company or
association;
(a) Describe its contents;
(b) State when, where, how, and to whom it was
distributed;
(c) State the manner in which it was placed on
or in the product container or whether it was separate from the
product container, or whether it was separate from the product
or container;
(d) state whether any written, printed or
graphic matter was present to warn of any harmful ingredient it
might contain. If so, state:
(i)
Whether a signal word, i.e. "d
"warning" or "caution" was present;
(ii)
Whether the signal word was pri
boldface, capital letters or different colored inks. Which?
(iii)
The wording of the statements
describing any hazard;
(iv)
The wording of all directions a
instructions pertaining to any method of use to avoid any
hazard.
(e) Identify each individual who participated in
the writing of the label, brochure or other written materials
and describe in detail the extent of his participation;
(f) Identify each document which reflects, refers or relates to the information contained on the labels, brochures, or other written materials and/or the decision to include such information;
(g) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: Not applicable.
20. For each produce identified in answer to Interrogatory 1 state whether warnings of any harmful or potentially harmful effects of the product were printed on the cartons or packing cases in which individual containers were packed and, of so:
(a) State the printed warning's contents; (b) State when the warning was sued; (c) Describe the manner in which it was placed on or in the product container; (d) Identify each individual who participated in writing of the label or brochure and describe in detail the extent of his participation; (e) Identify each document which reflects, refers or relates to the information contained on the cartons or packing cases and the decision to include that information; (f) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER:
Unknown.
21. For each label, brochure, or other written
material describing or relating to each process or method
identified in answer to Interrogatory No. 9(b) produced by you
or any person associated with you or any related company or
association; and afor each such label, brochure or written
material:
(a) Describe its contents;
(b) State when, where, how, and to whom it was
distributed; (c) State whether any written, printed or
graphic matter was present to warn of any harmful ingredient it
might contain.
If so, state: (i)
Whether a signal word,
"warning" or "caution" was present;
(ii)
whether the signal word
boldface, capital letters or different colored inks, and if so,
which one;
i. e. "dange was printed
12
(iii ) The wording of the statements describing any hazard;
(iv) The wording of all directions and/or instructions pertaining to any method- of use to avoid any hazard.
(d) Identify each individual who participated in the writing of the label, brochure or other written material and describe in detail the extent of his participation;
(e) Identify each document which reflects, refers or relates to the information contained on the labels, brochures, or other written materials and.or the decision to include such information;
(f) As to any information received orally in answer to thos interrogatory, identify each person who supplied information and state the full substance of the information supplied.
ANSWER: Not applicable.
22.
For each label, brochure, or other written
material describing or relating to equipment identified in
answer to interrogatory No. 9(c), produced by you or any person
associated with you or any related company or association; and
for each such label, brochure or written material;
(a) Describe its contents;
(b) State when, where, how, and to whom it was
distributed;
(c) State whether any written, printed or
graphic matter was present to warn of any harmful ingredient it
might contain, if so, state:
(i) Vihether a signal word, i. e. "danger",
"warning" or "caution" was present;
(ii) Whether the signal word was printed in
boldface, capital letters or different colored inks, and if so,
which one;
(iii)
The wording of the statements
describing any hazard;
(iv)
The wording of all directions a
instructions pertaining to any method of use to avoid any
hazard.
(d) The identity of each individual who
participated in the writing of the label, brochure or other
written materials and describe in detail the extent of his
participation;
(e) The identity of each document which
reflects, refers or relates to the information contained on the
labels, brochures, or other written materials and/or the
decision to include such information;
(f) As to any information received orally in
answer to this interrogatory, identify each person who supplied
information and state the full substance of othe information supplied.
ANSWER: Not applicable.
23.
With regard to the production, distribution,
and/or sale of each product identified in answer to
Interrogatory 1 state whether you have ever been accused of
violating any of the provisions of the Federal Labeling of
Hazardous Substances Act, and, if so, state:
(a) The date of each indictment, complaint or
information that accused you of such violation;
instituted; (b) The court in which the proceedings were
(c) The plea you entered;
(d) The verdict and/or judgment in each such
case;
(e) The date set for trial of any pending case;
(f) Identify each document which reflects,
refers or relates to information pertaining to such accusation;
(g) As to any information received orally in
answer to this interrogatory, identify each person who supplied
information and state the full substance of the information
supplied.
ANSWER: No.
24.
For each product identified in answer to
Interrogatory 1, state whether you contend it is a "hazardous
substance" as defined in 15 United States Code, Section 1251(f)
and, if so, state with specificity and particularity the facts
which you rely on to support that contention.
ANSWER: This Defendant makes no such contention.
25.
With regard to each product identified in
to Interrogatory 1 state whether any quantity of that product
has ever been seized by any agency of any government; and if so
(a) State the date of each such occurrence; (b) State the name or description of the
violations of which you were accused;
(c) State the court in which the action was
filed;
(d) Describe the judgment that was rendered;
(e) STate the date that has been set for trial
of any pending case;
(f) '-Identify each document which reflects,
refers or relates to information pertaining to such seizure; (g) As to any information received orally in
answer to this interrogatory, identify each person who supplied
answer
14
I
such information and state the full substance of the information supplied.
ANSWER: Not to the knowledge to this Defendant.
26. State whether you have ever been the subject of any investigation or accusation by any Governmental Agency concerning the provisions of the Occupational Safety and Health Act of 1970 )P.L. 91-596, 29 U.S.C. S651 et seq.). If so state:
(a) The date of such investigation, accusation, or other administrative or judicial procedure or action;
(b) The administrative agency or court in which any proceedings arising from such investigation or accusation were heard or instituted.
(c) The determination and results of any such accusation or action;
(d) The identity of each document which refers or relates to information set forth in answer to this interrogatory.
(e) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of theinformation supplied.
ANSWER: No.
27. State what action, if any, you have taken since 1935 to reduce or eliminate any risk of occupational disease or personal injury to those engaged in the manufacture of your asbestos products or to those using your asbestos products which arises from the inhalation of dust and fibers.
ANSWER: Not applicable.
28. Describe in full and complete detail each of the activities which you have undertaken with the intention of the warning the public of the effects of any product identified in answer to Interrogatory 1 as to the health of the user or general public and give the inclusive dates of each activity, and:
(a) Identify each individual who participated therein and describe the nature of his participation;
(b) Identify each document which reflects, refers or relates to information pertaining to such warning;
(c) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
1 c
ANSWER: None.
29.
Have you or any of your companies conducted any
studies concerning the effects of inhalation of asbestos dust
or fibers by one using or being exposed to any of the asbestos
materials manufactured by your and/or any of your companies? In answer to this question, please state:
studies;
(a) The date, nature and location of your
(b) The name or names of the persons conducting
the studies and their address and describe in detail the extent
of their participation;
(c) The purpose of the studies;
(d) The identity of each document which refers
or relates to any information set forth in answer to this
interrogatory;
(e) As to any information received orally in
answer to this interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
ANSWER: No.
30.
Have you or any of your companies conducted any
studies designed to minimize or eliminate the inhalation of
asbestos dust and fibers by those exposed to the use of any of
the products containing asbestos materials manufactured by you
or any of your companies? if so:
(a) The date, nature and location of your
studies.
(b) The name or names of the persons conducting
such studies and their address and describe in detail the
extent of this participation;
(c) State what action, if any, was taken based
upon such studies in an effort to minimize or eliminate the
effects of inhalation of asbestos dust or fibers upon those
using or being exposed to the dust and fibers contained in such
products as manufactured by your company;
(d) Identify each document which refers or
relates to any information set forth in answer to this
interrogatory.
(e) As to any information received orally in
answer to this interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
ANSWER: No.
31.
what technique, if any, did and/or do you use to
make dust samplings in the manufacturing and packaging
16
production environment or at job sites where your materials are used?
(a) Set forth in detail the technique used, when
it was commenced and when, if ever, it was concluded;
samplings ;
(b) state the purpose for administering such
(c) State the results of such samplings;
(d) State what action, if any, has been taken in response to the findings as to the dust samples;
(e) Identify each document which refers or relates to such sampling;
(f) As to any information received orally in
answer to this interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
(g) Identify the living person who has the most
knowledge of matters discussed herein.
ANSWER: Not applicable.
32, State what, if any safety measure were taken by you as to your employees, during the processing, manufacturing and packaging of products containing asbestos including but not limited to products that have been distributed to the duPont Company. If any such safety measures were taken, state:
(a) The reason for the use of such measures, equipment or clothing;
(b) identify each document relating to safety procedures taken by employees or plant personnel in the manufacture, processing and packaging of such products;
(c) a s to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the
information.
ANSWER: Not applicable.
33. State: (a) Knowledge as to any respirator or other
breathing device which was on the market during the relevant period which would prevent the inhalation of asbestos dust and fibers;
(b) A detailed description of such respirator or other breathing device, together with all information as to how such device prevents the inhalation of asbestos dust and fibers.
(c) What tests, if any, were conducted, by whom and where, with regard to the effectiveness of any such device;
(d) Identify each document in any defendant's possession which refers or relates to the subject matter of this interrogatory.
(e)
As to any information received orally in
answer to this interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
ANSWER: Not applicable.
34. Have you or anyone on your behalf conducted or had conducted any investigation of the statistical and/or epidemiological relationship between the use of any product identified in answer to Interrogatory 1 and the contraction by humans or animals of cancer including but not limited to mesothelioma. If so:
(a) Identify each person participating in such investigation and describe in detail the extent of this participation ;
(b) State when the investigation was conducted; (c) Identify the person or persons who authorized the investigation; (d) Identify each document which refers or relates to any information set forth in answer to this interrogatory; (e) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: No.
35. Have you or anyone on your behalf conducted or had conducted any investigation of the statistical and/or epidemiological relationship between the use of any product identified in answer to Interrogatory 1 and the contraction by humans of pulmonary asbestosis. If so:
(a) Identify each person participating in such investigation and describe in detail the extent of his participation;
(b) State when the investigation was conducted; (c) Identify the person or persons who authorized the investigation; (d) Identify each document which refers or relates to any information set forth in answer to this interrogatory; (e) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
18
ANSWER: NO.
36. Describe in detail all written and oral reports including those reports originating from users of any of" the products identified in answer to Interrogatory 1, including doctors, and employees and agents of the defendants concerning any relationship between the use of these products and the development of pulmonary asbestosis in humans or animals;
(a) Identify all persons making said reports and to whom said reports were made;
(b) State whether any report or series of reports initiated changes and/or rvaluation of the production, sale or use, or recommendations for use, of any of those products;
(c) Identify each document which refers or relates to any information set forth in answer to this interrogatory;
(d) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the 'information supplied.
ANSWER: Not applicable.
37. Describe in detail all written and oral reports including those reports originating from users of any of the products identified in answer to Interrogatory 1, including doctors, employees and agents of the defendants concerning any relationship between the use of any of those products and the development of cancer including but not limited to mesothelioma in humans or animals:
(a) Identify all persons making said reports and to whom said reports were made;
(b) State whether any report or series of reports initiated changes and/or rvaluation of the production, sale or use, or recommendations for use, of any of those products;
(c) Identify each document which refers or relates to any information set forth in answer to this interrogatory;
(d) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: Not applicable.
38. For each product identified in answer to Interrogatory 1 state whether the production and/or sale of the product has been discontinued and, if so:
(a) state when it was discontinued; (b) State with specificity and particularity all the reasons for the discontinuance.
(c) identify each individual who participated in the decision to discontinue production and/or sale and describe in detail the extent of his participation;
(d) Identify all documents which reflect, refer or relate to each such discontinuance;
(e) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: The sale has been discontinued.
(a) Sometime in the early 1970's;
(b) The specifics in particulars are not within
the present recollection of any one known to this Defendant.
It is known that the decision was economic and not related to
the health aspects of the product;
(c) Unknown;
(d) None;
(e) Not applicable;
39. For each product identified in answer to
Interrogatory 1, state whether the production and/or sale of
that product has been limited and/or curtailed or reduced and,
if so:
(a) Describe how it was so limited or curtailed
or reduced;
(b) State when it was so limited, curtailed or
reduced;
(c) State with specificity and particularity all
of the reasons for the limitation, curtailment, or reduction;
(d) Identify each individual who participated
and the extent of his participation in the decision to so
limit, curtail or reduce production and/or sale;
(e) Identify each document which reflects,
refers or relates to the limitation, curtailment or reduction
and/or the decision to implement the limitation, curtailment or
reduction;
(f) as to any information received orally in
answer to this interrogatory, identify each person who supplied
20
such information and state the full substance of the information supplied.
ANSWER: Not applicable.
40.
Do you contend that each of the products
identified in Interrogatory 1 do not or did not create any risk
to one who applies or uses the produce?
(a) If so, state the factual basis for each such
contention;
(b) if not, state:
(i)
The degree and kind of risk which
created by such use;
(ii)
The conditions under which such ris
created, increased or decreased;
(iii)
Identify each document which reflect
refers or relates to your answers to this interrogatory?
(iv)
As to any information received oral
in answer to this interrogatory, identify each person who
supplied such information and state the full substance of the
information supplied.
ANSWER: This Defendant makes no such contention at
this time.
41.
Do you contend that it was not your
responsibility to warn workers of the risk of harm arising from
the use of your product or of the danger of asbestos to their
health?
(a) State the factual basis for such response;
(b) Identify each document which reflects,
refers or relates to your answers to this interrogatory;
(c) As to any information received orally in
answer to this interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
ANSWER: (a)
Yes.
This Defendant had no knowledge, at the t
of the sales in question, of the allegedly hazardous nature of
the product. It is believed that the purchaser, Plaintiff's
employer, did have such knowledge to a far greater extent than
did this Defendant. Furthermore, this Defendant was not aware
of any intended use of the product to be made by the
purchaser. This Defendant had no access to employees of its purchaser or others who might use or be exposed to the
product. This Interrogatory Answer will be supplemented, if necessary, as facts are discovered and legal theories are developed.
(b) None;
(c) No factual information has been received
orally to aid in answering this Interrogatory. To the extent
that legal theories have been discussed between this Defendant
and its Counsel, such information is subject to the Attorney-client privlege and will not be divulged.
42. Do you contend that it was only the responsibility of the employing company involved, or others, to so warn the workers of the risk of harm arising from the use of your product or of the danger of asbestos to their health?
(a) State the basis for such contention; (b) Identify which others were so responsible; (c) Identify each document which reflects, refers or relates to your answers to this interrogatory; (d) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied. ANSWER: (a-d) See answer to number 41. It is
believed, insofar this Defendant is concerned, that these Interrogatories request the same information.
43. Do you contend that the danger to any plaintiff was not foreseeable at the time the products alleged to have caused his injuries were sold? If so, as to each plaintiff:
(a) State the factual basis for such contention;
22
(b) identify each document relied upon in support of such contention;
(c) As to any information received orally in answer to this interrogatory, identify each person who supDlied such information and state the full substance of the information supplied.
ANSWER: this time.
This Defendant makes no such contention at
44. Do you contend that the danger from the use by plaintiffs of products containing asbestos was obvious? if so, as to each plainitiff:
(a) State the factual basis for such contention; (b) Identify all documents relied upon in support of such contention? (c) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: This Defendant makes no such contention at
this time.
45. Do you contend that plaintiffs knew, understood and appreciated the danger arising from their contact with asbestos which you mined or distributed or products conta-ining asbestos which you manufactured or distributed? If so, as to each plaintiff:
(a) State the factual basis for such contention; (b) Identify each document relied upon in support of such contention; (c) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: This Defendant makes no such contention at
this time.
46.
Do you contend that plaintiffs voluntarily and
unreasonably exposed themselves to the danger arising from
their contact with asbestos which you mined or distributed or
products containing asbestos which you manufactured or
distributed? If so, as to each plaintiff:
(a) State the factual basis for such contention;
(b) Identify each document relied upon in support of such contention;
(c) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: This Defendant makes no such contention at
this time.
47.
Do you contend that plaintiffs used any asbestos
which you mined or distributed or any products containing
asbestos which you manufactured or distributed in other than
their usual, customary and expected manner? If so, as to each
plaintiff :
(a) State the name and chemical composition of
the product claimed to have been used in other than its usual, customary and expected manner;
(b) State the detail manner in which plaintiffs
used said product in other than its usual, customary and
expected manner; (c) Identify each document relied upon in
support of such contention; (d) As to any information received orally in
answer to this interrogatory, identify each person who supplied such information and state the full substance of the
information supplied.
ANSWER: This Defendant makes no such contention at
this time.
48.
With regard to each product identified in
to Interrogatory 1 or 8, state whether you have ever been named
as a defendant in any other civil action, including Workmen's
Compensation Actions, filing of Workmen's Compensation consent
agreements, or other proceedings, to recover damages for
injuries resulting from asbestosis and asbestos related pleural
disease received as a result of using that product and, if so,
for each proceeding; (a) State the name and address of each plaintiff;
(b ) State the name and address of each
co-defendant;
(c) State the date it was filed; (d) State the name of the Court in which it was
filed;
(e) Describe the judgment rendered; (f) State the date that has been set for trial
of any case still pending;
answer
24
(g) Describe the terms of any settlement reached before or during trial;
(h) State whether any appeal is pending from any judgment that has been rendered;
(i) State the exact nature of the condition alleged in such action to have resulted from the plaintiffs' use of or contact with said product and identify the product involved;
(j) Identify each document which reflects, refers or relates to any information pertaining to that complaint.
ANSWER: This interrogatory is objected to as beyond
the scope of Superior court civil Rule 26. Without waiving
this objection, this Defendant states that the following cases
have been filed against this Defendant in jurisdictions other
than Delaware, according to presentley available information:
Weldon Smith v. AC and S, Inc. pending in Los Angeles
County Superior court;
Jack L. Schwartz v. Charles Wagner dismissed as to
Charles A. Wagner dismissed as to Charles A. Wagner, Inc., upon
settlement;
McAlwee v. Ingalls Shipyard pending in the CJnited
States District Court in and for the Eastern District of
Louisiana.
49.
With regard to each product identified in
to Interrogatory 1 or 8, state whether you have ever received a
notice of injury to any other person as a consequence of a
condition of asbestosis, asbestos related pleural disease and
cancer resulting from the use of that product and, if so:
(a) State the date it was received;
(b) State the name and address of injured person;
(c ) D escribe in d e ta il the com plaint; (d) Identify each document which reflects,
refers or relates to. any information pertaining to that
complaint ;
answer
(e)
As to any information received orally in
answer to this interrogatory, identify each person who supplied
such information and state the full substance of the
information supplied.
ANSWER: No.
50.
With regard to each product identified in
to Interrogatory 1 or 8 state whether you have ever been named
as a defendant in any other action to recover damages for
injuries resulting from cancer including but not limited to
mesothelioma recei ved as a result of using that product and, if
so :
(a) State the name and address of each plaintiff;
(b) State the name and address of each
co-defendant /
(c) State the date it was filed;
(d) State the name of the Court in which it was
filed;
(e) Descri be the judgment rendered;
(f) State the date that has been set for trial
of any case still pending;
(g) Describe the terms of any settlement reached
before or during trial;
(h) State whether any appeal is pending.from any
judgment that has been rendered.
answer
ANSWER: See No. 48.
51.
With respect to the period from 1950 through
1980, state the names, addresses and company title or position
of each person who at any time during that period was in charge
of the following activities with regard to each of the products
identified in answer to interrogatory 1 or 8:
(a) Production;
(b) Marketing;
(c) Labeling;
(d) Advertising;
(e) Product evaluation;
(f) Research and development;
(g) Distribution.
ANSWER: Not applicable.
52 Identify the living parties or persons who are the most knowledgeable about asbestos mined and products containing asbestos sold and/or distributed by you from 1936 to present. Identify all documents which relate to such sales and/or distribution.
26
ANSWER: see Answer to Interrogatory Number 4(d).
53.
Have you or has anyone on your behalf attended
and/or participated in any conference, seminar, lecture or
symposium dealing with the hazards of using any product
identified in answer to interrogatory 1 or 8 or of asbestos in
general and, if so, state:
(a) The date and place of such conference,
seminar, lecture or symposium;
(b) The person or persons conducting such
conference, seminar, lecture or symposium;
(c) The person or persons who attended on your
behalf ;
(d) The subject matter of such conference,
seminar, lecture or symposium;
(e) The speakers and/or moderators at such
conference, seminar, lecture or symposium;
(f) Whether any reports or memoranda were made
concerning the subject matter of such conference, seminar,
lecture or symposium; identifying each such report or
memorandum.
ANSWER: No.
54. Are you familiar with the hearing concerning the dangers of asbestos conducted in March, 1967 before the House of Representatives of the United States Congress Sub-Committee on Labor? If so, identify those persons who are or were associated with you that were familiar with that hearing;
ANSWER: No.
55. State when, if at all, you received knowledge of the following publications or matters discussed therein, who received such knowledge and identify all documents relating to
such knowledge: (a) Fleischer, Viles, Gade and Drinker, "A
Health Survey of pipe-covering Operations in construction Naval
Vessels," 28 J.. Indus. Hyg. 9-16. (b) selikoff, et al., "Asbestosis and
Neoplasia," 42 Am. J. Med. (1967); (c) Selikoff, Churg and Hammon, "The Occurrence
of Asbestosis Among Industrial Insulation Workers," 132 Ann.
New York Acad. Sc. 139 (1965); (d) "Documentation of the Threshold Limit Values
for substances in workroom Air," A.C.G.I.H. (3rd 1971); (e) "Threshold. Limit Values for 1961,"
A.C.G.I.H. (1961). (f) 1906 report by Dr. H. Montague Murray.
(g) 1934 study by Dr. Anthony j. Lanza, Assistant Medical Director of Metropolitan Life Insurance Company.
ANSWER: No.
56. Identify each publication contained in your research library, or otherwise in your custody, including but not by way of limitation, your Research and Development Center, all medical journals, industrial medical journals, industrial hygiene journals, technical literature in the area of asbestos mining, manufacture, application and use, and Governmental publications, dealing with occupational diseases arising from the manufacture and use of asbestos-containing products. As to all such publications, state the volumes which are in your custody and control, when each such volume was received and the present location of such publications.
ANSWER: Not applicable.
57. As to any threshold limit values published by the American Conference of Governmental Industrial Hygienists, state whether you have brought such information to the attention of those using your products. If you have not done so, state the reasons why you have not done so.
ANSWER: Not applicable.
58.
Have you been: (a) a member of or (b) affiliated
in any manner with or (c) received reports or (d) subscribed
for reports or publication to the Industrial Hygiene Foundation
of Pittsburgh?
ANSWER: No.
59.
With regard to Interrogatory 58, what years did
you participate under (a), (b), (c) or (d)?
ANSWER: Not applicable.
60. With regard to Interrogatory 58, do you have any documents obtained from the Industrial Hygiene Foundation? If so :
(a) List all such documents; (b) Who currently has them in their possession? (c) When was each received? (d) State the name of the individuals who received such documents or information contained in such
documents.
28
ANSWER : No.
61. Have you received any reports or documents prepared by Metropolitan Life Insurance Company from 1929 to about 1960, concerning statistical and other studies of asbestos workers for Johns-Manville? if so, state:
(a) The documents received; (b) Who received them and when; (c) The current location of the documents.
ANSWER: No.
62. 62. State all chemical, industrial, medical or trade associations to which you have belonged since 1936.
ANSWER: The National Paint and Coatings Association, the National Association of Chemical Distributors, the Philadelphia Rubber Group.
63. With regard to the associations enumerated in the answer to Interrogatory 62, state:
(a) The names of each individual associated with the answering defendant since that date who have had dealings with each said association;
(b) Describe the nature of their dealings with each such association;
(c) State their last known address; (d) If still employed, their current job and title.
ANSWER: (a-d) Edward Rabon, President.
64. Name each corporate officer and/or member of corporate management who attended any meeting and/or conference concerning the health and medical aspects of asbestos and/or the use of products containing asbestos, and for each person identified, state the nature of his participation in each such meeting or conference.
ANSWER: None.
65.
State the sources of all products containing
asbestos which have been incorporated in any product
manufactured by you which have been distributed, sold and/or
utilized from 1936 to 1980. (a)
State the names of all individuals
associated with the above stated sources who dealt with or
handled your account;
(b) identify any such document which refers, reflects or relates to any information provided in answer to this interrogatory;
(c) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER : Not applicable.
66. For each product identified in the answer to Interrogatory 1 or 8, which you distributed, identify the source from which you obtained the product.
(a) State the names of all individuals associated with the above stated sources who dealt with or handled your account and specify who handled your account for products distributed in Delaware;
(b) Identify any such documents which refer, reflect or relate to any information provided in answer to this interrogatory.
ANSWER : Asbestos Corporation Limited.
(a) , Paul Leclerc, Mr. Steele, first name unknown
(b) all invoices have been produced.
67. State the names of all individuals associated with you who had any dealings with the requisition and/or procurement of asbestos or products containing asbestos as indicated in answer to Interrogatories 65 and 66 and for each such person:
(a) Identify the nature of his association(s), the locations and the dates of their occurrence;
(b) Identify each document which refers, reflects or relates to any information provided in answer to this interrogatory;
(c) As to any information received orally in answer to this interrogatory, identify each person who supplied such information and state the full substance of the information supplied.
ANSWER: It is unknown whom besides Edward Rabon,
currently President, would have had such contacts.
68. State the names of all individuals who dealt or handled the account with and/or made any sales to the employer of the Plaintiff of asbestos and/or products containing asbestos.
with
30
(a) Describe in detail the nature and dates of each such association with the said accounts;
(b) Identify each document which refers, reflects or relates to any information provided in answer to this interrogatory.
ANSWER: Edward Rabon.
69. Identify each individual whom you expect to call as an expert witness at the trial of this litigation, and for each person identified;
(a) The subject on which the expert is expected to testify and the substance of the facts and opinions to which he or she is expected to testify and a summary of the grounds for each opinion;
(b) Identify each document referring, relating or containing any such facts and/or opinions and identify each individual having custody of each document identified.
ANSWER: Unknown at this time.
70. Identify each individual who you have retained or employed or anticipate retaining or employing in any way in preparation of or anticipation of trial of this litigation who is not expected to be called as a witness at trial, and for each such individual:
(a) State the substance of any facts or opinions which he or she has discussed with any agent, employee or representative of the answering defendant, together with a summary of the grounds for each opinion;
(b) Identify each document referring to or containing such facts and/or opinions, and identify each person having custody of each document identified.
ANSWER: This Interrogatory is objected to as beyond
the scope of Rule 26. Without waiving this objection, it is
stated the identity of such individuals is presently unknown.
71. State the names, last known addresses and telephone numbers of each and every person whom you intend to call as a witness at the trial of this litigation.
(a) State the substance of any facts or opinion which he or she has d i s c u s s e d with any agent, employee or representative of the answering defendant, together with a summary of the grounds for each opinion;
(b) identify each document referring to or containing such facts and/or opinions, and identify each person having custody of each document identified.
(c)
Specify witnesses you intend to use at the
trial of this case with respect to the occurrences and/or cause
of plaintiffs' illnesses or with respect to the claimed damages
or with respect to your liability.
ANSWER: This Interrogatory is objected to as beyond
the scope of Rule 26. Without waiving this objection, it is
stated that the identity of witnesses for trial is presently
unknown.
whether
72. State: (a) Whether your corporation is insured; (b) If so, the limits of coverage ; (c) The name of the insurance company; (d) Whether this claim has been accepted or
a letter of intent to deny coverage has been received.
ANSWER: (a) Yes.
(b-c )
Date
Company
policy #
Limit
1/02/63- 1/02/64 London Guarantee
SG15-9624
1/02/64- 1/02/65 London Guarantee
S0T00-30-84
1/02/65- 1/02/66 London Guarantee
CG00-13-07
1/ 02/ 66- 1/02/67 London Guarantee
CGA00-90-65
1/02/67- 1/02/68
1/ 02/ 68- 1/02/69
1/02/69- 1/02/70
London Guarantee
CGA01-80-50
National Ben Frank. L 17164
National Ben Frank. L 44927
1/02/71 National Ben Frank. L 1401144
1/02/72 Firemens
L1717526
1/02/73 Travelers
KSLG 6609732
1/02/74 Travelers
KSLG-0561778
11/27/74 Travelers
KSLG-677A8895
-11/27/75 Travelers
650986A5 31ACOF 74
-- 11/27/76 Travelers
650986A531ACO75
As of 1/25/76 Limited iincreased to
-11/27/77 Travelers
A5331ACOF75
-11/27/78 Continental
SMP2428074
-11/27/79 Continental
SMP242807 4
- 1/01/80 Continental
SMP2428074
4/30/80 NACD Certificate #115
4/30/85 NACD Certificate #115
/30/80
Drake Ins. Co.
GLA5559
4/30/81
Atlanta int Ins Co GLA5559
4/30/81- -4/30/82
Atlanta int Ins Co GLA5559
$300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000
1,000,000 1,000,000
300,000 300,000 300,000 500,000 500,000 500,000 500,000 500,000
32
(d) objected to is beyond the scope of Rule 26.
73. In whose possession are your and your predecessors' annual reports from 1936 to the present? such reports.
Produce
ANSWER; This interrogatory is subjected to as beyond
the scope of Rule 26 in that no prima facie showing has been
made of entitlement to punitive damages.
74. Describe in detail your policy with respect to the destruction of records pertaining to each of the products identified in answer to Interrogatory 1.
(a) Identify all documents pertaining to your policy, if any, regarding the destruction of such records;
(b) Identify the person or persons having custody of such policy documents;
(c) Identify the person or persons in charge of destroying records pertaining to each such product;
(d) Identify each document which refers, reflects or relates to any information provided in answer to this interrogatory.
(e) Describe what steps, if any, you have taken since the institution of this action or other actions involving asbestos to prevent the destruction of any documents relating to asbestos.
ANSWER; No policy exsists with respect to such
records apart from the general policy of retaining all sales
cards and retaining other records only in accordance with the
advice of an accountants. The general retention period is ten
years or less.
(a) None ;
(b) Not applicable; <c ) Not applicable;
(d) None ; (e ) None, all such records relevant to this
litigation have been produced in this litigation.
75. State the names of all individuals who aided in the preparation of these answers, and for each such person, state:
(a) Which interrogatories they helped prepare or the particular subject area for which they supplied information.
(b) Their current position with the company; (c) Their current or last known home and business address and phone numbers.
ANSWER: Edward Rabon, President, Charles A. Wagner &
Co., Inc. and Phebe S. Young, Esquire, Bayard, Handelman &
Murdoch, 1300 Delaware Trust Building, Wilmington, Delaware.
76. State all processes used by plaintiffs' employer, known to any defendant where asbestos was an ingredient.
ANSWER: Unknown.
77. State all use of asbestos insulation by plaintiff's employer, known to any defendant.
(a) Types of asbestos insulation used(b) Manufacturer and/or brand names; (c) Locations in said plants where said, insulation was used; (d) The person most knowledgeable in said corporation about the purchasing of insulation by distributors that covered the states of New Jersey, Delaware, Pennsylvania and Maryland.
ANSWER: Unknown.
78. If you have insurance including secondary and tertiary coverage, state:
(a) Policy number and amount; (b) company underwriting said insurance; (c) The name of your contact in said company concerning asbestos claims.
ANSWER: See answer to number 72.
79. State whether you have entered into any agreement, either oral or written, with any other defendant in this action regarding
(1) Settlement or non-settlement and/or (2) Allocation of damages, should the plaintiffs prevail on liability. If the answer is yes to either of the above, state the substance of each such agreement and such parties who have entered into this agreement:
34
in the detail
refers
(a) Identify those persons who participated preparation of each such agreement and describe in the nature and extent of his participation; and
(b) Identify each document which contains, or relates to each such agreement.
ANSWER: This Interrogatory is objected to as beyond
the scope of Rule 26.
80.
Do you or your attorneys know of any person or
persons not listed in the preceding answers having knowledge of
facts relevant to the allegations in this lawsuit including
witnesses to the accident, injury, illnesses, etc. in
question? If yes, please state the names, addresses, home
telephone numbers, places of employment, relationship to you,
the present whereabouts of all such persons, and which of said
persons you intend to produce as witnesses in the trial of this
action.
ANSWER: No.
81. Do you or your attorneys have any written statements which you have not previously produced in this suit from any persons having knowledge of facts relevant to the subject matter of this lawsuit, including witnesses to the accident, injury, illnesses, etc. in question? If yes, please state the names, addresses, home telephone numbers, places of employment, relationship to you and the present whereabouts of all such persons.
ANSWER: No.
82. State whether you were a member of the Asbestos Information Association (A.I.A.) or in any manner received information or participated in any of the association's activities.
ANSWER: No.
83. If your answer to any part of interrogatory 82 is in the affirmative, please state:
(a) The date, times and places of any A.I.A. meetings attended.
(b) The date and time period during which you received any publication of the A.I.A.
(c) The name, address and telephone number of each and every person who attended such meetings and to whom any such publications were sent.
(d) The nature of the information that was furnished at meetings or in such publications.
(e) Name, address and telephone number of the present or last known custodian of any copies of A.I.A. newsletters, correspondence or publications.
ANSWER: Not applicable.
84. State whether you received a publication known as the "Asbestos Magazine".
ANSWER: No.
85. If your answer to Interrogatory 84 is in the affirmative, please state:
(a) The date and time periods during which you received such publication.
(b) The frequency of receipt, e.g., regularly, occasionally, rarely, etc.
(c) The terms, circumstances or requirements of receipt of such publication, e.g., free, by subscription, distributed at meetings, etc.
(d) Name, address and telephone number of the present or last known custodian of any copies of such magazine.
ANSWER: Not applicable.
86. Does the answering defendant have in its possession any medical records, not previously produced in this case relating to any of the plaintiffs, including, but not limited to, charts, x-rays, physical examination reports, summaries, tape recordings of interviews and any and all other records pertaining to the medical condition of the plaintiffs? If so, plaintiffs request that such records be produced in accordance with Rule 34.
ANSWER: No.
87. With respect to each contention contained in your response to the Complaint, state the following:
(a) Identify which defense it relates to; (b) Each fact upon which you contention is based; (c) The names and present or last known addresses and present or last known employer of all persons having knowledge of any of the facts set out in answer to subparagraph (b) hereof; (d) The description or designation of each document which in any way reflects, relates or refers to any of the facts set out in answer to subparagraph (b) hereof.
36
ANSWER: Not applicable.
88.
Other than annual reports produced pursuant to
No. 73 above, identify documents which accurately reflect the
following information as to the answering defendant for each
calendar year since 1940:
(a) Total net worth;
(b) Profits;
(c) Total earnings;
(d) Specific earnings attributed to the
manufacture and/or distribution of any products containing
asbestos.
ANSWER: This Interrogatory is subjected to as beyond
the scope of Rule 26 in that no prima facie showing has been
made of entitlement to punitive damages.
BAYARD, HANDELMAN & MURDOCH, P.A.
By
DUTY?
PHEBE S. ifOUNG \
.. _.
1300 Delaware Trust Building P.O. Box 25130 Wilmington, Delaware 19899
Attorneys for Defendants
> ' ( I- /lv iV /*^-
STATE OF DEEAWARE p> _ ,^ j NEW--CASTErE COUNTY
)
) ss.
)
BE IT REMEMBERED, that on this
~ i ~ day of
C c 3 c R , A.D., 1985, personally appeared
before me, the Subscriber, a Notary Public for the State and
County aforesaid, Edward Rabon, who did depose and say that he
is the President of Charles A. Wagner Company, Inc. and that
the Answers set forth in these answers to interrogatories are
SWORN to and subscribed before me the day and year aforesaid.
r r
ts * - ' / ? y a. Notary Public
NOTARY
P
r*j }s' ' : ....
Philadeip'vb,
My Commission E::r;: