Document BvMO7Npe5JoEdRyZy2oMKJbKX
HBC-5
IN THE SEVENTH JUDICIAL DISTRICT OF IOWA
In Re:
SEVENTH OF IOWA (SAL)
JUDICIAL ASBESTOS
DISTRICT LITIGATION
) ) ) ) ) )
SAL-MFR-1
DEFENDANT, HOBART BROTHERS COMPANY ANSWERS TO GALLIGAN & CONLIN MASTER INTERROGATORIES FOR ASBESTOS MANUFACTURERS
NOW COMES the Defendant, the HOBART BROTHERS COMPANY, and
hereby submits the following Answers to Interrogatories as
directed by the Plaintiffs.
CASS IDAY, SCHADE & GLOOR 333 West Wacker Drive Suite 1200 Chicago, Illinois 60606 Phone: 312/641-3100
ATTORNEYS FOR DEFENDANT, HOBART BROTHERS COMPANY
ORIGINAL TO:
Michael J. Galligan Michael D. Maxwell p.o. Box 93148 300 Walnut Street Des Moines, Iowa 50393
PROOF OF SERVICE
TJit indaisgned certifies th:t t.'-.s Hwcci.i] itrnmwnt wr kmc
upon oil pomes la IDs ssovs c:.:r'; d:;a:i:-ng a caw rtetsaf m tin
U.S. Miil. pastago prepaid r.
cddnsscd ta ikD of the
1. Mildred P. Woryk David F. Manning Dennis Eibling
2. Documentation will be identified in the answers to which they apply.
3. Yes.
a. Hobart Brothers Company
b. Ohio
c. 600 West Main Street, Troy, Ohio 45373
d-g. Not applicable.
4. Incorporated March 20, 1917.
a.-d. Not Applicable.
5. a. Hobart Brothers Company is the only corporate entity
involved with products of covered electrodes to which this Defendant has any association. Subsidiary corporations were and are not involved in this product's manufacture.
b.-e. Not Applicable.
6. Defendant has regularly conducted business in Iowa and Illinois for at least forty years.
7. Yes.
a. Hobart Brothers Company.
b. Manufacture and sale of covered welding electrodes where asbestos was a component of the formulation.
.. 1939.
1. 1981. Safety concerns re Defendant's employees engaged 4 ^ pIOdU c tion .
e. USA and possibly other countries.
3. No sale of taw asbestos fiber was ever contemplated or engaged m by this defendant.
a.-f. Not applicable.
9. Hobart Brothers Company 101 Trade Square East Troy, OH 48378
The above address is where filler metals were produced for the past 59 years.
10. a.
See Exhibit A.
b. Hobart or HB ahead of generic name, in most instances.
c. Rods, electrodes, stick.
d. Formulae have been produced subject to protective order. Attached is Exhibit B, showing the amount of asbestos in all products. All asbestos used was chrysotile.
e. Welding up to 10,000 F.
f. Boxes and cans of varied sizes.
g. Not applicable.
h. Welding.
i. 8-16 inches long, gray, brown, pink. See Exhibit B for diameter.
j. Hobart would have appeared on every package offered for sale by Defendant. Trade names, markings, and logos would vary depending on which time Plaintiff needs the information.
k. Overbroad, calling for literally hundreds of names over
many years? R. T. Lefever is currently our Vice President of Filler Metals Group, and has ultimate authority over products.
l. Defendant objects to providing information on this except f-or that provided in Exhibit B. Burdensome, irrelevant, trade se'cret.
m. . Usually.
n. See Exhibit A.
o. See Exhibit A.
p. Hobart Brothers Company.
q. Our sales and distribution system is primarily through distribution. With respect to any direct sales of our asbestos containing products, as indicated in answers to Interrogatory No. 7, welding rods no longer contained asbestos in any form after March, 1981 and our records do not go back beyond 1981.
r. See answer to interrogatory No. 9.
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11. To the best of Defendant's knowledge. Invoices, orders, purchase records, sales records, confirmations, and bills of lading and kept for three years, then discarded for filler metals products.
Annual or other periodic summaries of sales do not differ entiate by products. Accounts payable and accounts receivable records for the period when asbestos-containing products were sold are no longer in existence.
a.-n. Not applicable.
12. See Exhibit C, which is Defendant's remaining historical and current evidence of distributors in Illinois and Iowa.
a. Hobart Brothers 600 W. Main Street Troy, Ohio 45373
b. See answer to Interrogatory No. 11.
c. See answer to Interrogatory No. 11.
d. See answer to Interrogatory No. 11.
e. This defendant sold its products to distributors who in turn presumably sold to employers.
f. Mostly distributor sales.
g. Most were distributor sales, therefore, defendant has no knowledge.
n. See Exhibits A and B.
"Most were distributor sales, therefore, defendant has no knowledge.
;. See Exhibits A and B.
<. Most were distributor sales, therefore, this defendant has r.o knowledge, other than the knowledge obtained at the deposition taken thus far, to which plaintiffs' counsel have appe ar ed.
No.
m. This defendant has no knowledge.
n. This defendant has no knowledge other than what has been ootained at the depositions.
13. See Exhibits A and B.
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14. Not to the best of defendant's knowledge, a.-f. Not applicable.
15. See Exhibit C.
16. Not to the best of defendant's knowledge, a-d. Not applicable.
17. Yes. Formulation data have been produced subject to protective order.
18. None of the asbestos containing welding rods were patented. Patents concerning the welding process and welding manufacturing process have previously been supplied to plaintiff. a.-c. Not applicable.
19. To the best of defendant Hobart Brothers* corporate recollection, International Fiber Co. and Johns-Manville Asbestos were the only vendors involved from 1952 to 1981.
a. Unknown,
b. See above.
c. Chrysotile.
d. See Interrogatory No. 7.
e. Purchasing record.
20. No.
a-f. Not applicable.
21. No.
a-g. Not applicable.
22. No.
a-e. Not applicable.
2 3. No .
a-f. Not applicable.
24. Investigation for a substitute material was begun in 1979.
2 5. Defendant objects to this interrogatory as burdensome and requiring a compilation of 59 years of corporate history. While reserving all objections. Defendant states that R.T. Lefever has had the responsibility for manufacturing, operations, formulation, purchase, sales and safety for the
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Hobart Brothers Filler Metals Division from January 17, 1977 to the present. 26. No. a .-h. Not applicable. 2 7. No. a .-e. Not applicable. 28. Mo record of any suggestions regarding welding rods and asbestos hazards is available to this Defendant. a. -e. Not applicable 29. No a .-h. Not applicable 30. Not applicable. a .-g. Not applicable. 31. No a . -e. Not applicable. 32. Yes. a .-h. See attached Exhibit E. 33. No. a . -h_. Not applicable. 34. No. a . -c. Not applicable. 35. Defendant has had general awareness of the professional literature regarding asbestos, however, has not conducted or financed any specific studies with respect to same. a. -h. Not Applicable 3 6. No. a . -d. Not applicable. 37. Not specifically, a. To its knowledge, none directed to it b.-e. Not applicable.
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38. See answer to Interrogatory No. 37.
a.-c. Not applicable. 39. Objection as overly broad and unduly burdensome. Without
waiving this objection, Defendant states that it has never found any articles relating to welding rods and asbestos hazards in anyone's possession. 40. Defendant objects to this Interrogatory as not relevant or calculated to lead to the production of relevant information. Plaintiff is not alleging an employment relationship with this Defendant. 41. No, see answer to Interrogatory No. 40.
42. No, see objection to Interrogatory No. 40.
a.-i. Not applicable.
43. No. a.-i. Not applicable.
44. No.
a.-g. Not applicable.
45. No.
a.-e. Not applicable.
46. There was no health hazard presented from our asbestos containing products and, accordingly, no asbestos warnings appeared in sales brochures, etc.
a-d. Not applicable. 4 7. No. a . -d . Not applicable.
48. See Interrogatory No. 46.
a.-e. See Interrogatory No. 46.
49. See Answers to Interrogatory No. 46.
50. We did not specifically advertise asbestos containing products.
a.-e. Not applicable.
51. No.
a.-c. Not applicable.
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52. There never existed any adverse health consequences insofar as the rods and asbestos were concerned. The usual ventilation techniques in welding continued to be employed along with all other existing work rules, safety rules and hygiene practices.
53. Yes. As to these claims which are still pending, see Exhibit F. Robert E. Paul, Reich & Meyers; Philadelphia, PA., is representing the claimant alleging cumulative exposure to asbe stos.
54. No. a.-e. Not applicable.
55. No. a.-h.
Not applicable.
5 6. No. a.-f. Not applicable.
57. No. a.-e. Not applicable.
58. (1.-12.) No. (13.) Yes. No division applicable to asbestos.
(14.-18.) - No. a.-f. Not applicable.
59. Defendant objects to this request as burdensome, harassing, irrelevant, and not calculated to lead to the production of relevant information. There is no logical way Defendant can comply with this request regarding 70 years of operations and thousands of employees.
60. See Inter rogatory No. 59.
61 . See Inter cog ato ry No . 59.
62. No .
a. -d . Not applicable 3. See Exhibit D. 64. See Exhibit 0. 65. Yes.
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Wallace Postallian united States Fidelity & Guaranty Co. Cincinnati Office 525 Vine St., 20th Floor Cincinnati, OH 45202-3121
Mark A. 9rak Great American
P. 0. Box 5370 Cincinnati, OH
Surplus 45202
Lines
Insurance
Co.
Dennis Joherl American International Adjustment Co.
P. 0. Box 31327 Independence, OH 44131
John Trayers New England Pa insurance Corp. P. O. Box 3263 80 Broad Street Boston, MA 02101
John Trayers First State Insurance Co.
P. 0. Box 3263 80 Broad Street Boston, MA
02101
Deborah Clark Johnson & Higgins of Ohio, Inc. First National Bank Center, Suite 425 Walnut Street Cincinnati, OH 45202
2160
Joan Oko National Union Fire Insurance 50 South Clinton Toxic Tort Claims East Orange, NJ 07013
66. a . Yes . o. N/A.
c. Yes. 67. No, A.-D.
Not applicable.
6 8. No.
69. No. a. -g
Not appl icable
70. Defendant objects to producing this information some of which is confidential, privileged, and revelation of which would impair this private company's market position by competitors gaining access to this information.
71. R. T. Lefever: His testimony will address the punitive damage claim against Hobart as well as the manufacturing and welding process; the welding cods which did and did not contain asbestos and the utility of welding.
72. No. a.-b. Not applicable.
73. No investigator has been hired,
a.-d. Not applicable.
74. Expert witnesses were disclosed in September of 1989 and in a Motion or Leave to Disclose Experts filed on December 27, 1989.
75. None.
76. No lay witnesses have testified in any asbestos-related suits. The experts this Defendant will call at trial depends on the Court's ruling on a Motion for Leave to Disclose Experts filed on December 27, 1989.
77. This interrogatory is governed by the Court's Settlement Conference Order.
"'8. No.
a.-c. Not applicable.
'*9. See .Interrogatory No. 78.
30. Not applicable.
81. Various plaintiffs have testified to the misuse of its products, which acts of misuse ace as follows: Bending of tne welding cods, bending of welding rods for use as hangers, throwing unopened welding cans on the ground in order to open _r.e cans, throwing used electrodes onto the ground instead of into containers provided for their collection, and dipping welding rods into water. Counsel for plaintiffs were present at each and every one of these depositions and are as able to pinpoint the testimony of these acts of misuse as is this de fendant.
32. The statute of limitations defense will be supported by.any or all of the following: testimony of plaintiffs and/or their spouses, testimony of physicians who have examined plaintiffs, and testimony of various physicians who plaintiffs have seen over the years.
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83. Various plaintiffs have testified as to acts which constitute comparative fault or assumption of the risk, which acts are as follows: Bending of the welding rods, bending of welding rods for use as hangers, throwing unopened welding cans on the ground in order to open the cans, throwing used electrodes onto the ground instead of into containers provided for their collection, and dipping, welding rods into water. Counsel for plaintiffs were present at each and every one of these depositions and are as able to pinpoint the testimony of these acts as is this defendant.
34. None.
85. See Interrogatory No. 50.
86. See Interrogatory No. 50.
MAL4L
ASBBSTOS-COHTAXiratO FILLER xstal products
lA.
A
gXX82QBA
10
1017 55 8iS 335 333A
12
12A
77 83 447
111 111HT 384 398 27
**220 **2205 ROCKET GROOVE CAST IRON
nttTCTTfATED STATUS LISTED LAST ' DELETE CATALOG
1948
ASBESTOS
1985
OUT 3/13/80
-
1945 1944 1944 1944 1948
*L07
1977
*L07
1950
*LOP
1983
*L0F
1983
ASBESTOS
1975
OUT 11/13/75
-- -- --
-
1947
ASBESTOS
1979
OUT 11/28/79
m mt
1958
ASBESTOS OUT 3/8/80
1980
1944 1953
*L07 *L0P
1952
-- BY 1960
1948
ASBESTOS OUT 1980
1980
1945
L07
1969
1945
*LOP
1955
1948 1945 1955
1955 1981
LOP
1950
*L0P
--
ASBESTOS
1981
OUT 4/18/81
*L0P
--
*LOP
--
mm
BY 1946
BY 1962 BY 1969
1981
*L0P
1962
mm
1939
*L0P
1942
--
T
I'T.irrBOOli
j.V9-4*S STATUS
STRONG CAST 1944 710 1964 811 1969 711 1964
LOP LOP LOP LOP
LISTED LAST CATALOG
1970 -- aa
1969 a
PIUTE
cm
BY 1969 -- BY 1969
NOTES* *LOP * Lifa of Product
*220 and **220B - Xada aspacially for Ford Motor Co., Datroit, MX. Olatributad only to Ford, to tha bast of Dafandant'o knovladga and baliaf.
Ravisad 12/87
T
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Asbestos in Hobart Brothers Company Products
The following is a listing of ths 24 products offsrad by Hobart Brothers which containsd asbsstos. Ths psrcsntags of asbsstos to coating and ths psrcsntags of asbsstos to ths antirs product is given.
Where availabls, ths psrcsntagss for ths largest amount and for ths saallaet aaount ars givsn. Amounts vary in ths saas product bscauss ths saas product is offsrad in ssvsral sizes.
Ths psrcsntags computed is not ths actual formulation ratio; sines much of ths liquid silicate is dissipated in processing, ths mors accurate (and higher) psrcsntags of asbsstos in ths final product was calculated.
Product
10 10IP 12 12A 27 55 77 93 111 111HT 220 220B 335 335A 384 398
Min./Haw. Asbestos % in ElnlihiA. Product
0.345 0.595
1.030 1.380
0.430 0.690
0.520 0.611
0.252 0.296
1.800 2.530
0.782 1.200
0.430 5.320
0.702 6.980
5.250 5.830
1.260 1.440
-- 1.190
0.218 0.290
1.890 2.960
5.600 6.200
0.490 0.603
Psrcsntacs of Aifeittoi in sotting
2.810 6.900 2.700 2.600 0.520 16.400 4.600 2.700 10.900 10.500 9.000 8.500 1.210 11.400 1.000 0.980
T
PraflKft
Min./Max. Asbsstos % in Flnlshsd Product
447 -- 0.645
611
0.612
0.952
710
1.820
3.500
711
0.616
0.672
885
0.332
0.483
cast Iron
1.370
2.280
Rockst Groovs 0.950
1.230
Strong cast
1.730
1.810
Psrcsntaos of Asbsstos in Coating
4.300 3.400 16.500 2.800 3.020 11.400 1.900 10.900
MPW 9/1/87
T-
T.9575
Client Name: Lincoln Electnc
ETC Job #: 3708703
ETC Sample Client Sample #:
#: T9575 REDP-7434-B761
r
T-7434 Client Name: Lincoln Electric
ETC Job #: 8708708 ETC Sampie #: T7434 Qienc Sample #: B76I
T
jlientaame:
zrTrcC
lob r Sample
0:
7-lcat Sampte *
f Electric
870S70S T9575 REDP-7434-B761
* Reids: 10 * Asbestos: 0 * Nonasoestos: 0
rieia FTber LcafUi Width Type
ciC Count Shew
Volume; 3000.00 liters Microscope: 100 CC Maimncanom 19000X Rlier: 47 mm Cellulose-Ester
EDS Disk: I310CH
Morptt EDS 3AED ?how Camuuuta
tVo Fiber*
No FTber*
5 No Fibers i No Fibers 5 No Fibers S No Fibers 7 NoFibos
* No Fibers 3 NoFIbes
:Q No Fiber*
OUk.m3
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OCT W17
"eat name: Lincrun Electric
.TC Job *:
37QS7Q3
.TC Satnme rt: T7434
:Ueat Saopie * B761
Kidds: 10 Asbestos: 0 Notusoestos: 3
leid Fiber Length Width Type
ETC Coma Sheet
Volume: 3000.00 liters Microscope: 100 QC Magmacuon: 10000X F3ter 47 mpi Ceilulose-Ester
EDS Disk: 554 AED/KLA
Morpn EDS SAED Photo Camiacnts
il 5l
l i
0
No Fibers So Fibers 1.00 0.15 Ndneesas NoFiben
1.10 0.10 Noniieesms No Fibers
t.10 0.20 Nonasaesas No Fiber No Fiben NoFiben
94 NONE 7633 Mknttsph also 7626
11 NONE 7627 19 NONE 762S
3Uk400*te ucld4
OCT w n
Ziemnaiee;
r
Elessie
=TC Job c
S70S70S
ITC Satanic #: 79376
'Client Svxsate * REDP-7434-B761
* Reids: * Asbestos: 1 ^ Nonasoesios: l
~dii ribsr Lsnfta Widib Type
ETC Count Sheet
Volume: 2000.00 liters Microscope: lOOOC Mifrandaon: 1900QX FUscr. 47 mm CcUuiose-Estcr
EDS Disk: RGT
Morpn =DS SAED Phoco Coramcnu
i 5 5
l
: -.o
>
}
No Fibers No Fibers No Fibers No Fibers 0J0 OnS Nanasoesxos No Fibers No Fibers No Fibers No Fibers No Fibers
NONE NONE 9356
I
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OCT 19 7
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/M
Mag. ]6.tOQX
T
Figura I Micrograph showing losamg oe spfconeal psrtlcins
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3
un
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Ftfur 2
EDS xttovlaf *laacai capo>: ot cypicai spaariesl p*rsicii
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4 /AS
:5*OOOX
Figure 4 Micrograph stiovtat Fiber 5-i