Document 85d3vamQoR8xwYKYddLMpJ4wd

*" I c1 I Cjrf. V, x IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON DIVISION Wanda Gail Cox. Executrix of th Estate of Michael Wayne Cox, . Plaintiff, vs. Georgia Gulf Corporation, Conoco, Inc., Tenneco, Inc., Sumitomo Corporation of America, Formosa Plastics Corporation U.S.A., Teneco Oil Company, Occidental Chemical Corporation, Union Carbide Corporation, Occidental Electrochemicals Corporation, and The B. F. Goodrich Company, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 8:88-1399-3 (WRONGFUL DEATH) C.A. No. 8:88-1400-3 (SURVIVAL) ANSWERS OF DEFENDANT FORMOSA PLASTICS CORPORATION, U.S.A. TO LOCAL RULE 7.06 16(b) INTERROGATORIES Interrogatory (a). If the defendant is improperly identified, give its proper identification and state whether or not you will accept service on an amended summons and complaint reflecting the information furnished by you and answer hereto. Response to Interrogatory (a). The defendant, Formosa Plastics Corporation, U.S.A., is properly identified. However, Formosa Plastics Corporation, PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 080144 U.S.A., is not a proper defendant because it is a holding company and is not in the business of manufacturing polyvinyl chloride resin. Formosa Plastics Corporation, U.S.A. does have two subsidiary corporations which manufacture polyvinyl chloride resin. These subsidaries are Formosa Plastics Corporation, Delaware and Formosa Plastics Corporation, Texas. As of today, Formosa Plastics Corporation, U.S.A. has not located any records of sales to Stauffer Chemical Company, Anderson, South Carolina during the periods of 1978-1982 and 1985-1986, which are dates alleged in the plaintiff's complaint. If there were sales of polyvinyl chloride resin to Stauffer Chemical Company in Anderson, South Carolina, then the proper defendant should be Formosa Plastics Corporation, Delaware or Formosa Plastics Corporation, Texas depending upon the location from which the shipments were made. The undersigned is informed and believes that the proper subsidiary corporation of Formosa Plastics Corporation, U.S.A., if sales can be documented, would be willing to accept service of an amended summons and complaint. Interrogatory (b). Furnish a detailed factual basis for the defenses you assert in your answer. Response to Interrogatory (b). The plaintiff alleges in her complaint that various defendants who are manufacturers and/or sellers of the product known as PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE _2_ ORDER" UCC 080145 polyvinyl chloride sold polyvinyl chloride to Stauffer Chemical Company, Pearman Dairy Road, Anderson, South Carolina between the periods of 1970 through 1982 and 1985-86. A review of records to date shows that defendant, Formosa Plastics Corporation^ U.S.A., never sold any polyvinyl chloride resin to Stauffer Chemical Company in Anderson County, South Carolina. Upon information and belief, its subsidiary, Formosa Plastics Corporation, Delaware sold resin to Stauffer in 1987. However, even if it is shown that a subsidiary of Formosa Plastics Corporation, U.S.A. sold polyvinyl chloride resin to Stauffer Chemical, Stauffer Chemical itself was in the business of producing polyvinyl chloride resin and was well aware of the dangers, if any, inherent in the use of such product. Stauffer's knowledge of the characteristics of polyvinyl chloride and its sophistication with the use of polyvinyl chloride relieved all sellers of resin from any duty to warn Stauffer's employees of the dangers, if any, inherent in the use of polyvinyl chloride resin. The' all-eged failure of Stauffer to warn or protect its employees, including plaintiff's decedent, constituted the proximate cause of plaintiff decedent's death and superseded any possible liability of Formosa Plastics Corporation, U.S.A. or its subsidiaries. Interrogatory (c). Describe in detail all laws, acts having the force and effect of law, codes, regulations and legal principles, standards, and customs and usages, which you contend are applicable to this action. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" _3- ucc 080146 Response to Interrogatory (c). The common law of negligence, including the principles of intervening and'-superseding negligence and Restatement (Second) of Torts 388. Also, the law of strict liability may apply, as set forth at 15-73-10, including all comments to 402A of the Restatement (Second) of Torts. Also applicable are the principles related to the sophisticated user or purchaser defense. See: Goodbar v. Whitehead Brothers, 592 F.Supp. 552 (W.D. Va. 1984), aff'd as Beale v. Hardy, 769 F.2d 213 (4th Cir. 1985); Adams v. Union Crbide Corp., 737 F.2d 1453 (6th Cir. 1984), cert denied 469 U.S. 1062 (1984). All laws, codes, and regulations, both South Carolina and Federal, which relate to the employer's duty to provide a safe work place for its employees may be applicable to this action. Interrogatory (d). If you contend that,some other person or legal entity is, in whole or in part, liable to the plaintiff or defendant in this matter, state the full name, address and telephone number and describe in detail the basis of said liability. Response to Interrogatory (d). Plaintiff has brought suit against various other defendants besides Formosa Plastics Corporation, U.S.A. These corporations may be liable, in whole or in part, to the plaintiff, but Formosa Plastics Corporation, U.S.A. has insufficient information as of this time to determine whether or not these other defendants may CONFIDENTIAL MATERIAL -4- SUBJECT TO PROTECTIVE ORDER" ucc 080147 or may not be liable, in whole or in part, to the plaintiff. This defendant is informed and believes that Stauffer Chemical Company and its related corporations may be liable in whole or in part to the plaintiff. Interrogatory (e). State the full names, addresses, and telephone numbers of all lay witnesses whose testimony you may use at the trial of this case, and describe the issues to which that testimony will relate. Response to Interrogatory (e). (1) Ben Jean Assistant Sales Director Formosa Plastics Corporation, U.S.A. 66 Hanover Road Florham Park, New Jersey 07932 (201) 966-6980 Mr. Jean is Assistant Sales Director of Formosa Plastics Corporation, U.S.A. He can testify as to the fact that discovery to date shows no shipments of polyvinyl chloride resin to Stauffer Chemical Company in Anderson County, South Carolina by Formosa Plastics Corporation, U.S.A. or its subsidiaries prior to 1987. (2) Michael Hwang Marketing Coodinator Formosa Plastics Corporation, U.S.A. 66 Hanover Road Florham Park, New Jersey 07932 (201) 966-6980 Mr. Hwang is expected to testify that discovery to date shows that Formosa Plastics Corporation, U.S.A. and its subsidiaries supplied no polyvinyl chloride resin to Stauffer Chemical Company in Anderson County, South Carolina prior to 1987. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 080148 (3) Robert B. D. Chou Vice President/Marketing Formosa Plastics Corporation, U.S.A. 66 Hanover Road Florham Park, New Jersey 07932 (201) 966-6980 Mr. Chou can testify as to the marketing efforts of Formosa Plastics Corporation, U.S.A. (4) Charles H. McAuliffe Vice President and General Counsel Formosa Plastics Corporation, U.S.A. 66 Hanover Road Florham Park, New Jersey 07932 (201) 966-6980 Mr. McAufiffe can testify as to the corporate structure of Formosa Plastics Corporation, U.S.A. He can also testify as to the nature of Formosa Plastics Corporation U.S.A.'s business and, in general, can testify to its operations. Interrogatory (f). Identify by full name, address, and telephone number each person whom you expect to call as an expert witness at the trial of this case, and, as to each expert so identified, state the subject matter on which he is expected to testify, the substance of the facts and opinions to which he is expected to testify, and a summary of the grounds for each opinion. Response to Interrogatory (f). The defendant, Formosa Plastics Corporation, U.S.A., has not yet identified the expert witnesses it will use in this case. Interrogatory (g). Set forth the names and addresses of all insurance companies which have liability insurance coverage relating to the matter PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -6- UCC 080149 alleged in the complaint, the number or numbers of said policies, the amount of liability coverage provided in each policy, and the named insured in the same. Response to Interrogatory (g). Insurance-Company of North America, Post Office Box 221618, Charlotte, North Carolina 28222-1618. The named insured on all policies is Formosa Plastics Corporation, U.S.A. The liability coverage in each policy is $1,000,000.00. The policy periods and corresponding policy numbers are as follows: Period: June 9, 1981 to June 15, 1982 Policy No.: GLPG0842556 (General Liability) Period: August 17, 1981 to August 17, 1982 Policy No.: GLPG0133964-3 (Products Liability) Period: June 15, 1982 to July 15, 1983 Policy No.: GLP2019192 (General Liability) Period: July 15, 1985 to January 1, 1986 Policy No.: ISLG0319517-8 (General Liability) Period: January 1, 1986 to January 1, 1987 Policy No.: HDCG0971989-1 (General Liability) Interrogatory (h). Outline in detail the discovery you anticipate you will pursue in this case and state the time you estimate it will take you to complete each item of same, along with an explanation of how you compute said times. Response to Interrogatory (h). This defendant anticipates that the discovery in this case will be extensive due to the complex factual and legal issues involved and the number of parties. PRIVIUEGED AND l ;rSoWcT.VE -7- order ucc 080150 The plaintiff alleges that her husband died due to a rare cancer caused by exposure to polyvinyl chloride resin while working with Stauffer Chemical Company. It will be necessary to obtain tissue samples of the plaintiff's decedent and have this submitted to recognized experts in the field of angiosarcoma. It is anticipated that some of these experts may not be readily available for independent examination of this tissue and later depositions. This defendant further feels that extensive discovery will be necessary of the plaintiff's decedent's employer, Stauffer Chemical Company. Discovery against Stauffer will relate to its records of purchases of resin and the sophisticated employer defense. It will be necessary to determine the extent of Stauffer Chemical Company's knowledge of the dangers inherent in the use of polyvinyl chloride, its industrial hygiene and safety practices in regards thereto, what warnings were given to employees, and precautions taken to protect employees. It is anticipated that extensive depositions will be necessary of employees of Stauffer Chemical in its safety, industrial hygiene, and medical departments. Additionally, it is understood that Stauffer Chemical Company manufactured a large percentage of the polyvinyl chloride resin to which the plaintiff's decedent was exposed. It is expected that this discovery will take at least six (6)eight (8) months from the joining of the issues in this case. privileged and "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -8- Ucc Interrogatory (i). Do you wish for this case to be tried jury or nonjury? Response to Interrogatory (i). Defendant wishes this case to be tried by a jury. Interrogatory (j). If the defendant is a partner, a partnership, or a subsidiary or affiliate of a publicly-owned corporation, list the identity of the parent corporation, affiliate, partner or partnership and the relationship between it and the named party. If there is a publicly-owned corporation or a holding company not a party to the case that has a financial interest in the outcome, list the identity of such corporation and the nature of the financial interest. Response to Interrogatory (j). Formosa Plastics Corporation, U.S.A. is a privately owned holding company. It is not a publicly owned corporation. August 31, 1988 Daniel B. White W. Wallace Culp, III RAINEY, BRITTON, GIBBES & CLARKSON, P.A. P.O. Box 10589 Greenville, SC 29603 803-271-9580 Attorneys for the Defendant, Formosa Plastics Corporation U.S.A. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -9- UCC 080152