Document 82N36GBG5no36d57b3qZ0jjxy
8
11572-1000
MXY/dal
ANSWER:
Defendant currently is not aware ofany such Workers' Compensation claims before Warner
Electric Brake & Clutch Company was acquired by Defendant and Defendant understands there have
been none. Buyer considers employee and past employee medical records to be (or may be)
confidential under federal law. Since Defendant acquired Warner Electric Brake & Clutch
Company, there has been one such Workers' Compensation claim. The claim is asbestosis. The
claim is disputed. The claim was pending as of November 1,2003.
Defendant has been named in numerous lawsuits throughout the country involving claims of
an asbestos-related disease. Accordingly, when Defendant acquired Warner Electric Brake & Clutch
Company in 1985, Defendant had cases pending where similar claims were made. Defendant has
never had occasion to defend, at trial, a Warner Electric product claimed by a plaintiff to have
caused claimed asbestos-related disease. However, Defendant has had to defend at trial claims
involving other products it manufactured. In each of those cases to date, the jury has found that
Defendant's products are not defective and/or did not cause injury to plaintiffs and/or the plaintiffs
did not have an asbestos-related disease. Those cases are:
1. In Re Asbestos Plaintiffs, et al. v. Borden, Inc., et al., Civil District Court for the Parish ofOrleans, Louisiana; Eugene D. Coincon, C.A. No. 93-16630;
2. In Re Asbestos Plaintiffs, et al. v. Borden, Inc., et al.. Civil District Court for the Parish ofOrleans, Louisiana; Arthur Evans, C.A. No. 93-16958;
3. Michael Ricci v. Dana Corporation, John Crane, Inc., et al., Superior Court of California, San Francisco County, Case No. 310389;
4. Verda Sutton and P. D. Sutton v. Dana Corporation and Kelly-Moore Paint Company, Inc., Hardin County, Texas District Court, 356th Judicial District, Case
96