Document ByRKpeBbReED1NDJOyMa5Deqk

o5 I 0t 0?Q0 PLAINTIFF'S EXHIBIT ) - 1 ' .M. i 1// .' i ^ lw>f 2 3 .. > 4 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 7 DONALD L. HORN, 8 Plaintiff, No. 80-2-09935-3 9 vs. 10 THE BENDIX CORPORATION; et al., 11 Defendants 12 S.K. WELLMAN'S SUPPLEMENT TO PLAINTIFF'S FIRST INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUESTS FOR ADMISSION 13 COMES NOW defendant S.K. Wellman Corporation, by and through 14 its attorneys of record, Stafford, Frey & Mertel, and supplements 15 its answers to plaintiff's first interrogatories, requests for 16 production of documents and requests for admission previously 17 filed with this court. 18 1.21 Objection - this is privileged, proprietary informa 19 tion. Counsel in Seattle has in his possession the names and 20 addresses and will deliver same for an inspection by the court 21 and would agree to a review of the list by plaintiff's counsel pursuant to an agreement of confidentiality and non-disclosure to other persons or parties including defendants in the present litigation without further order of the court. S.K. Wellman sold (non-asbestos) Velvetouch Metalik friction material to Western Brake in Los Angeles, California from approximately 1963 1 - S.K. Wellman's Supplement to Interrogatories and Requests... 05 I 0 I 0 3 8 I 1 through 1973. Please refer to the attached sales records of 2 non-asbestos Velvetouch Metalik to Western Brake in Los Angeles, 3 California. With respect to asbestos-containing products, S.K. 4 Wellman has no records of sale to Western Brake Company. This 5 supplemental answer is an attempt to clarify our prior response 6 to plaintiff's interrogatories relating to sales records. Our 7 prior response was provided within the last 20 days. 8 1.23 (a) Irrelevant objection - however, S.K. Wellman 9 believes its products were distributed in the state of Washington; 10 (b) Unknown; 11 (c) Release of customer list is objected to as 12 privileged and proprietary. S.K. Wellman has no record of any 13 asbestos-containing products sold to Western Brake, Los Angeles, 14 California. We have attached all copies of S.K. Wellman 15 Corporation's sales records to Western Brake. 16 3.01 No. S.K. Wellman Corporation has no record of any 17 sale t)f asbestos-containing products to the listed companies. 18 3.03 No. S.K. Wellman Corporation has no record of any 19 sale of asbestos-containing products to the listed companies. 20 3.05 No. S.K. Wellman Corporation has no record of any 21 sale of asbestos-containing products to the listed companies. 3.13 None. See answer to interrogatory no. 3.05 above. 2 - S.K. Wellman's Supplement to Interrogatories and Requests... lAwo'riCCS 0O V"<0* 1 2 3 4 5 6 7 8 I 9 10 11 12 i13 14 15 16 17 18 19 20 21 3 - S.K. Wellman's Supplement to Interrogatories and Requests... Q" Ct *00 W*'0* r*CC* 'O' 0 5 10 10 3 8'' tfd >f"rr, ,,vS* EXCHANGE BRAKE SHOES RILINID WITH SUGGESTED RESALE EFFECTIVE APR 15, 1972 1101 6 Washington Blvd. Los Angelas. Calif. 90021 (213)749 1257 SET NO. 9 10 12 17 30 31 T33B 40 SI S3 55 62 T638 65 *69A *70 *76 78 T109 1118' 112 113 114 115 127 *141 148 151 152 154 LIST NET SET NO. 19.65 19.65 20.15 19 65 21.35 13.75 13.75 14 10 13.75 14 95 155 1568 1578 *158 *159 19 00 22.60 19.85 19.00 20.85 13 30 15.80 13 90 13.00 14.60 160 161 169 *173 174 19 65 22.00 28 25 24 40 24.40 13 75 15.40 19.75 17.10 17.10 176 177 180 183 184 23.00 19.75 19.65 28.15 19.00 16.10 13.80 13.75 19.70 13.30 189 191 193 194 195 19.65 17.t5 18.50 19.65 24.25 13.75 12.00 12.95 13.75 17.00 196 197 227 228 241 19.25 26.85 19.00 19.00 1950 T3.45 18 80 13.30 13.30 13.65 242 243 244 246 T248 LIST I SET NET [ NO. 19.50 21.50 26 85 18.50 19.50 13.65 15.05 1880 12.95 13.65 253 254 255 256 260 20.75 19 50 19.50 20.8S 21.50 14.50 13.65 13.65 14 60 15.05 261 262 263 264 265 18.50 20.15 19.50 20.75 27.00 12.95 14.35 13.65 14 50 18.90 266 267 272 T273 280 19.15 19.50 19.00 22.65 19.00 13.40 13.65 13.30 15.85 13.30 2828 283B 286 288 290 19.00 23.15 21.00 19.25 19.25 13.30 16.20 14.70 13.50 13.50 1 291 293 294 304 306 18.75 19.50 17.15 19.25 24.00 13.15 13.65 12.00 13.50 1 16.80 309 T310 T314 T316 T320 T - Truck - some art special bond * -- Non-stocking, special order -- non returnable LIST NET 19.75 21.00 18.15 19.00 21.00 13.80 14.70 12.70 13 30 14.70 20.85 19.65 20.15 21.50 26.85 14.60 13.75 14.10 15.05 18.80 19.00 19.00 19.65 28 25 21.50 13 30 13.30 13.75 1980 15.05 19.00 1965 18.50 1.00 19.65 13.30 13.75 12.95 13.30 13.75 19.65 21.50 25.75 19.65 19.65 13.75 15.05 18.00 13.75 13.75 20.85 22.60 27.85 25.25 28.25 14.60 15.80 19.50 17.65 19.75 SET NO. 329 330 331 332 333 334 335 336 337 T338 339 340 345 T347 356 T357 T358 360 T361 362 363 364 365 366 LIST NET 18.50 19.65 19.00 1965 19.65 19 65 20.75 25.75 21.50 26.85 12.95 13 75 13 30 13.75 13.75 j 1 13.75 j 14 50 [ 18 00 , 15.05 ] 18.80 | 28.25 23.15 24.40 26.25 17.15 19.75 16.20 17.10 18.35 12.00 i -- 25.25 17 65 27.85 17.15 2825 19 50 12 00 19.75 17.15 12.00 19.65 25.75 19.65 24.40 13.75 18.00 13.75 17.10 FOREIGN CARS 20.00 17.50 dgtew oratr non-returnable 051010384 EXCHANGE BRAKE SHOES RILINKD WITH SUGGESTED DEALER RESALf EFFECTIVE APR. 15. 1972 1101 6 Washington Blvd. Los Angtles, Calif.90021 * (213)749-1257 SET NO. 9 1C 12 17 30 31 T33B 40 51 53 55 62 T63B 65 *69A *70 *76 78 T109 1118 112 113 114 115 127 *141 148 151 152 154 LIST SET NO. 19.65 19.65 20.15 19.65 21.35 11.80 11.80 12.10 11.80 12.80 155 156B 1578 *158 159 LIST NET 19.50 21.50 26.85 18.50 19.50 11.70 12.90 16.10 11.10 11.70 SET NO. 253 254 255 256 260 19.00 22.60 19.85 19.00 20.85 11.40 13.55 11.90 11 40 12.50 160 161 169 *173 174 20 75 19.50 19.50 20.85 21.50 12.45 11.70 11.70 12.50 12.90 261 262 263 264 265 19.65 22 00 28.25 24.40 24.40 11.80 13.20 1695 14.65 14 65 176 177 180 183 184 18.50 20.15 19.50 20.75 27 00 11.10 12.10 11.70 12.45 16.20 266 267 272 T273 280 23.00 19.75 19.65 28.15 19.00 13 80 11.85 11.80 16.90 11.40 189 191 193 194 195 19.15 19.50 19.00 22.65 19.00 11.50 11.70 11.40 13.60 11.40 282B 2838 286 288 290 19.65 17.15 18.50 19.65 24.25 11.80 1030 11.10 11.80 14.55 196 197 227 228 241 19.25 26.85 19.00 19.00 19.50 "l1.55 j 16.10 I 11 40 ! 11 40 ; 11 70 ! 242 243 244 246 T248 19.00 23.15 21.00 19.25 19.25 11.40 13.90 12.60 11.55 11 55 291 293 294 304 306 18.75 19.50 17.15 19.25 24.00 11.25 I 11.70 10.30 11.55 14.40 309 T310 T314 T316 T320 T -- Truck - some are special bond * -- Non-stocking, special order - non returnable LIST NET 19.75 21.00 18.15 19.00 21.00 11.85 12 . >0 10.90 11 40 12.i 0 SET NO. 329 330 331 332 333 LIST NET 18.50 19 65 19 00 19.65 19.65 11 10 11 80 11 40 11 80 ' 1130 | 20.85 19.65 20.15 21.50 2685 12.50 11 80 12.10 1290 16.10 334 335 336 337 T338 1965 20 75 25.75 21 50 2685 11 80 1 12 45 i 15.45 | 1290 ; 16 10 ; 19.00 19.00 19.65 28.25 21.50 11.40 11.40 11.80 16.95 12.90 19.00 19.65 18.50 19.00 19.65 11.40 11.80 11.10 11.40 11 HO 339 340 345 T347 356 T357 T358 360 T361 362 28.25 23 15 24 40 26.25 17.15 16 95 13.90 14 65 15 75 ' 10 3C 1l 25.25 27.85 17.15 28 25 17.15 15.15 16.70 10.30 16 95 10 30 19.65 21.50 25.75 19.65 19.65 11.80 12.90 15 45 11.80 11.80 363 364 365 366 19.65 25.75 19 65 24 40 11.80 15.45 11 80 14 65 20.85 22.60 27.85 25.25 28.25 12.50 13.55 16.70 15.15 16.95 FOREIGN CARS 20.00 15 00 Special order non-returnable UMifam Bn** rJ 05 I U I UJdD <* - EXCHANGE BRAKE SHOES RIIINIP WITH " DISTRIBUTOR NET effective APR. 15. 1972 101 E. Washington Blvd. ..Lot Angtta. Calif. 90021 ,.j2l3^74fl l2S7 * Vy^.rn' * g . H >. ,vei%<* set ***' 'NO. UST NET SET NO. UST 8*T * > NET _ NO. UST SET RET. " NO. Z. LIST NET ^lO.-r r~17 - 19.65 19.65 20.15 19.65 21.35 7.85 156 7JS 1668 80S 1678 7.85 *158 8.55 *159 19.50 21 JO 20.85 18.50 19.50 7JO 9.60 10.75 7.40 7.80 m i .110.76 -264 -- . 21.X 256 1816 256 C 19 00 260s ** 21.X 7.90 -8.X 7.80 8.40 .329 18.X -3X%` -19.66 .331 19.X 332 * 19.65 333 19.X 7.40 7.85 7.60 7.85 7.85 . 31 ~ T33B *40 . -5;*13... 19.00 22.60 19J5 .19.00 20.85 7.60 160 9.05 161 7.95 169 7.60 *173 8.35 174 20.75 8.X 201 J XX ax 334 19.X 785 19.50 7.80 262 - 19.65 7J6 336 M.75 ax 19.50 7.80 203 X.15 9.X 338 25.75 10.X 20.85 8.35 204 21X ax -33? . 21.X ax 21.50 8.60 205 26JS 10.75 T3X XX 10.75 ,,T38 55 .-A 19.65 22.00 28.25 24.40 24.40 7.85 8.80 11.30 9.75 9.75 176 177 180 183 184 18.50 20.15 19JO 20.75 27.00 7.40 8.05 7J0 8.30 10.80 206 19.00 207 ._ . 19.X 272 ; 19.65 T273 28.25 280 21.50 7.X 7.X -ZJ6 11.X ax 339 340 345 T347 3X 28.25 23.15 24 X 26.25 17.15 11.X 9.25 9.75 10.50 6.85 70. *75 ' --75 --- T109 **'1118 23.00 19.75 19.65 28.15 19.00 9.20 7.90 7.85 11.25 7.60 188 191 193 194 195 19.15 19.50 19.00 22.65 19.00 7.65 7JO 7.60 9.05 7.60 2828 2838 288 288 290 19.X 19.65 18.X 19.X 19.65 7.X 7.85 7.40 7.X 7.85 T357 T358 3X TX1 X2 * 25.25 27.X 17.15 28.25 17.15 10.10 11.15 685 11.X 6.85 112 19.65 7.85 196 19.00 7.00 C 113 . .. 114 . -*816 17.15 18.50 19.66 6.85 7.40 7J5 197 227 228 23.15 21.00 19.25 9.25 8.40 7.X . *127 24.25 9.70 241 19.25 7.70 *141 < w/'v'i 148 . V.151 \T8fiE! 152 *.;.Ti154 *' - 19.25 28JS 19.00 19.00 19.50 >.70 10.75 7.60 7.60 7.80 242 243 244 248 T248 18.75 19.50 17.15 19.25 24.00 .: rvi.- "T -- Truck -tom* art special bond * ' -Z? -- Non-stocking, special order - non returnable 7.X 7.M 6.85 7.70 9.60 291 19.65 7.85 293 21 .X 8X 294 _ . 25.75 10.30 304 19.65 7J5 . * 306 19.X 7.85 309 T310 T314 T310 T320 20.85 22.X 27.X 2S.25 28.26 8.35 9.X 11.15 10.10 11.30 363 19.65 364 25.75 365 - 19.65 366 24X -.^ - -i. , 7.85 10.30 7.85 9.75 , - 'FOREIGN CARS ___ *^X. .'*X . 10.00 . special oraer non-returnable *_. .m -~r^y*iC*!7r*rJk^:- : "V -- .1 051010386 -* il H V *: , r,--^^^ ^Trv-^-ihfriR^cKJsi correspondence ~ * * *b*rdg*n -*** - . I_ C. . (1..O---OW-----L- 112^//1lA9//6d9 "^ stern Bnkt 4 Aut^w^H^* Sales - " -;- --------*~L'=cr-.L Angeles, Calif. -- - ^:sz; .. -,." Please bill the abort account fori *.-.*.<;* -, " -- - *-~j*~*?' *** * ' *r*T%^r *p**-* -- * .. 15500 Bonders* labels $7.00 per thousand. Shipped 1-2-69, by parcel post. t, ;v iv Terry Krol HIKYi tt"; Sales IO CC t; no moo ICC? owt k;:co( < r (: o cj i c i; c; i iouccd OATI /V . ....'* .' V ihnh. I1NMI 11*0VI AMO Kll THU COOT IM OUKOVT tlf WVTN CAIOM OffACT. POO UW Of IOUO 05101039 Ill BONDED - LA INTERMOUSE CORRESPONDENCE QgamcA __________________ _______ idcsrvW fbfiAKi*. ^' `SfuiT *>*4 A1*- P^/2ccc. P3T- Vizccr TO CUTOAic^.. 5 s:uT -j. cA^roo^ coaJ /SS'oo <-A4*lls to you , 'pA/iotc, pc.iT" BONDED 0 5101 0 3 8 8 / INTERHOUSE CORRESPONDENCE R. Aberdeen - Los Angeles___________ 6/16/69 ^ Veatern Brake & Automotive Sales Labels Please bill the above account for 3000 Bonders' labels $7.00 >(. Shipped by Air Parcel Post 6-18-69. t i t >son I Terry KrolSales-Dedford a=s=Ba*ss=as=*a! I f !i CCi Ul c < oti L# *. ( C C lMn SI6NI0 IIM9IB IIMOVI AMO UiP TMfS COAT iOO SNAMUT Iff WIT* CAItOM IMTACt. POO VM 09 BIPIJUL U0 I 0 I 038r / t i INTERHOUSE CORRESPONDENCE L. Baker - Los Angeles to. ATI 6/16/69 _WJKT Western Brake & Autonotire Sales Lab< .. ,, V !( Lynn: We shipped via Air Parcel Post 3000 Bonders' Lab; to Western Brake V Automotive Sales today. See attached label. sicMie W.PLYi Terry Krol j Sales - Bedford SIGNI0 srrSINOII AlMOVf AMO tU9 THU CO*T UNO SNAP-OUT WriN CAilON imTACT. ac UU Of IIPl'UL 85101 33' i . <" ;:ur:cr;r3zii ~ ; :r;j, o:oo 3 u v .. o o :: o oo 3 . > o o o o o oo: o ; i u o n n 3 3 9 < r. ri o ^ ; :>r>t _1__ * ' ^> C* . v_> C v_ vj v O 3 3 3 O 3 3 3 .) J J) ) 3 ) r,ui. otr is :j a *j j o o u j j .;) j 3 _> _j COC**DOOO0000*00003 3 3,3 . ' 1! C I. O CM) O O O 3 3 S O J "J J ) 3 *> ' oouoooo330do jj't -> f (o -1; o o o :> o o o o o %j 3 o 3.3 '>" *: i (.(: ?? n o n n o o o o 0% > l`OC; C Uf !I ti l) UD'J 3 O'J J 3 J J J J j INTERHOUSE CORRESPONDENCE m R. Aberdeen - Los Angelas--------------------------------------------- An 12-10-68 umjKt Western Brake & Automotive Sales Los Angeles, Calif. T* Please bill the above account for 3)4 Bonders' labels 9 $9.00)4 ' yp I Afrct: IOCCCC i. r,uo( m L. i: a m C' ci G i mmz i: coojca t r (i o cci <: i t; 1ouoct /* frfe-Kn? 0 b i l) I U J 3 L ---- - -- -w -- - - : - - i=^ T* -*.- '''^-^IMITNTMEHRHOOUUSSEi 'cCOORRfRtfESSPPOONNDBEflNCE ' ><_-.-- .**>> rums* bill iagtlM/ Calif. '' < for H( Bonders* BONDED IOCQC , CD O 4 l"C`CO t c: ct c I c;:co i rco< K C ? (:> t. UUOC M - *n, * . -- '" J. 9-\ ` Sr*. -;\-r. ' . MMoa luiovt am ut twa cov. IDM imm-out irr with Cilloa wtact. m hi IVUH 05101039' AM f 11C AN Brake Shoe COMf ANT * . American Brake Shoe Company TMI S. K. WCUMAN DIVISION S44S Skalla Street, Let Aatalea, Calif. Mslmfi 1-2*-** i-i** B9*- 441M Parcel Ntt IXIUST BeAfertf TMC(tylOtf*tHr Plot r nr SOLD to Brake tr iiUMtivt Sale* 1101 K. W a ekingtaw tiled. Lea Aagele 21, Calif* SHIPPED TO L IK ENTNuy|C> CuSTOMCN a 4 a nuui( J OCSCNiATiOn L. Beater*a Cartea Labels V J- Order caeplate 1 QU AM T1r V iMieecO J --4 tMUIMIMMl ggggggggggg Ifflggss MMM MMMMM MIM-- Act, > r\'1 10 I-- ond of ro,ulotiont and order* oi the Un.rad Sfa** 0o**rt*rif ot Labor .iaad *rrd*r Sacl.an 14 iheraol* PACKING ust 051010394 "ROUND TRIP" CORRESPONDENCE SET TO mto" iKryiK nu commumicatiom wirri hvit id ici *. 417 -- RETURN ORtOiMAt TO SENOCff *JQ Rll* CO** ILK /Ha MTI INTERHOUSE CORRESPONDENCE `-i CLc^Zj<^c- -tVa. y*^u^n jjc . L _ _^4_^jLc < Jr,( . ^ 1 -^W ^4^l-r-Vc-/ <-u/ r ---------- Uc c ` a. RNA io. rr.roooBi ~c u o n < c? u oai I C C: G OGB f: (; OBI 1C <J Cl COO C^C mr ftATI II6N9 051010395 -1 CARRIER JU. Bedford, Ohio Brake Sh6eggh(>ah, . *: .'.' ^rr * ~;-r--s-- 1 iWoo t n i "i ric r w 111 ifAiTff*rfd * Ohis 44CU * Tdiiti*I 'm-HOO Aracew 3iS~ 1800 . A;^-.i--Sr**r*>*-*_ r- - -r ---^rr '^ Routt Delivering Cuiitt. Customer's Order No. .Car Initial. -Car No. Received by form re as ALL. CLAIMS AMO RKTURNU OS MUST SS ACCOMSANIKD ST THIS BILL. MEMORANDUM COPY '' > "v&prsft: ... uD ! J I UJ30 INTERHOUSE CORRESPONDENCE Ralph Bakala - Los Anseles 11/29/07 UIM Western Brake & Automotive Sales Lot angeles, HilT--------------Please bill these people for 5)4 Bonders' Labels $9.00)4. 1)4 Shipped Airmail 11/29/67 4)4 Shipped Parcel Post 11/29/67 SISN_ UHYi Steve Cvitkovich Sales Dent.______ Ve the shove on B*96 13886 d/12--8-67 Think Toe DAT! V4NI9 A1 Absxdtg. y j t u 1 sJ W CATALOG NO. 68-TL Powdered Metal Brake Lining for Medium and Light Trucks Passenger Cars 051010333 This catalog contains listings of brake linings used on current passenger cars, light and medium size trucks. The VELVETOUCH METALIK lining sets listed are made of powdered metal lining segments -- bonded to quality-reconditioned shoes -- with a special hightemperature adhesive. These are used primarily on the passenger cars and light trucks. VELVETOUCH SAFTl-SETS -- for medium size trucks -- differ in that they are supplied as a boxed set of lining only. Each set consists of four pieces of VELVETOUCH ORGANIK drilled lining and four - all metal VELVETOUCH FERAMIC drilled segments. One piece of ORGANIK li ling and one FERAMIC seg ment are riveted to each shoe. USE VELVETOUCH S EEL RIVETS. VELVETOUCH SAFTl-SETS offer a higher stable friction for the larger and heavier trucks. Due to the all-metal composition, SAFTl-SETS are fade free under hot or cold condi tions and are impervious to water. Refer to pages 15 through 20 for additional information on the installation of the VELVETOUCH METALIK and SAFTl-SETS. WARRANTY Seller warrants Its products sold hereunder to ba free from dafscts in mstarial and workmanship undtr normal use. It is expressly agreed that no warranty of marchantability. nor any othar warranty, express or impliad or statutory, is madt by tha sailer hereunder. Seller's entire and exclusive liability, whether founded on war ranty. contract, negligence or otherwise, and buyer's exclusive and sole remedy hereunder, is limited to repair or replacement of defective goods. F.O.B., our factory, or at tenor's option tha return of the purchase price. Seller will in no event be liable for any special or consequential damages whatsoever. r I - -T ,. - VELVETOUCH PRODUCTS FOR IMMEDIATE SHIPMENT are focfced for you of these convenient S. K. Wellman Die. Warehousing tenters ATLANTA. CA. -- IMS Lowr*nc**Ul* Hr. D*eatur Go. 30031 Phon*: 636-9425 -- 36-9426 CHICAGO. ILL. -- 225 Bond Si. -- Elk Grove Village, 111. 60007 Phon*: 439-2380 -- 439-2381 CLEVELAND. OHIO -- 200 Egbert Road -- B*dlord, Ohio 44146 Phon*: 232-2400 -- 232-3869 DALLAS. TEXAS -- 8911 Governor* Row -- Dallai. T*sb 76247 Phon*: 637-1720 DENVER. COLO. -- 2160 S. Upas Si. D*nr*r. Colorado 80223 Phon*: 936-0023 LOS ANGELES. CAL1T. -- 6446 Sheila St. -- Lo* Angel**. Calii. 90022 Phon*: 686-4100 -- 686-4101 PHILADELPHIA. PA -- 4041 Ridg* At*. -- Philadelphia. Pa. 19129 Phon*: 438-5566 PORTLAND. OREGON -- 7926 N. E. Eillingeworth Portland. Oregon 97218 Pboa*: 252-0256 SAN FRANCISCO. CALIT. -- 508 S. Airport Bird. -- So. San Francieeo. Cold. 94080 Phon*: 761-2645 S. K. WEUMAN COMPANY OF CANADA, LTD. BRANCHES EDMONTON. ALBERTA -- 11306 119th Si. -- Edmonton. Alberta Phon*: 455-4463 TORONTO. ONTARIO -- 1198B Cal edonia Rd. -- Toronto 19. Ontario Phon*: 782-1103 -- 782-1 104 MONTREAL. QUEBEC - 10793 Altr*d Si. -- Montreal 39. Qu*b*c Phon*: 323-3791 VANCOUVER. B.C. -- 101 E. Second At*. -- Vancourer. B.C. Phon* 879-6364 WINNIPEG. MAN. 946 Dgin At*. -- Winnipeg 3. Man. Phon* 783-8252 SAliS OFfICIS EXPORT DEPARTMENT -- 330 Filth At*., New York. N Y 10C36 Phon*: 697-7000 WASHINGTON. D.C. -- 1101 Vermont At* N W --Wajlungton, D C. 20C05 Phon* 737-1744 Printed in U.S.A S. K. WELLMAN DIVISION BEDFORD, OHIO 05 I 0 I0*0r JV'*Trb` r~-:7 cru fio"o 3^rxm:r. r n < ^ w o u ~ o3 3.Q0 3G J-J :i :> rj 3 ii.ccocu j 00 Doaoii:) .) o o"): ) 11 I'rr.oiij'jtjoonooioo'nrji > ) j> it. ( ; < n 00 no Dfio.'n ') n 'n n > > 1 4,9;. 90990 GO O 09 9 99 9 99 9 9 9 9 Distributers e! TO n c c c-c.c c era ood oojoSJJ5oboob,i . r. C OGC C O O 0 00000 09 00 9 3 0 9 3 l*CCG QaOOOUOOtOOOOJ mt c - (? C : O O C) O O O 9 9 9 O 9 9 O 9 X'C r J I9C C. L09C00U 000003033 JjOltT9 ) 3 f (; (Jtt'L' G i) O U O 3 O O 9 4) 3 O.O^X'L )' 11 >*; i c (>() u o oo o a o o :>4 oirrtn*- r r ti ooc c vL1 nuouou a rJ a jo j j j j j ji 05 I 0 I 0*01 ;ira < i>_ r^' 3* l. (130 i f! n o n. c1ui 4, C-SCTI INTERHOUSf CORRESPONDENCE * *rdi HLt-iLa RIPLYi * / >. V* .own. KMOIfl I (MOVI AMO TM* COOT. SMO INA*-OUT SIT WRN UIMK anACT. TOO VSI O* IITUIt. U0 I U I U" / > ^--* g > '^nm INTERHOUSE CORRESPONDENCE Y: *--yr------------------------------------------------- ~r>---------------- - c. c: co' /- tJ', umt,, OaCZZi . s<l^d * 2^- Braka-Automotive Sale 11392 1101 C. Washington 4 335 Los Angolss 21, Cal. 64 LB Cci^-t jdtt-'O-*u. -"Cx-. .-c/ ^or~~c ^^-1- < ) J^vr%n -J)baz, M ^-y <QX-<<-4^-- yf'air-.7 m.c&o uJ-v - 7 , RXKYl I 7 ?? 4 ** O CTC C3C.I : r. a ( rcoooBr 4 (' C? C . 1C c c o*< rc o i IC CJ Cl < couoct OjUc d Cl^-^-c '' ^" /C'/J-tx-Z- F-* - *. A- BATI. 05 I Q I 3*0 U3 I U I J- 1 INTERHOUSE CORRESPONDENCE 1-11 r <U kill aat tka mu Mt pi** . kUallj ~ to tki towh Mi is I --Mansi la tka vtt, vs ars false t* prist 50C0 oi kU skip tksa to tk# L.A. lraaak Isa saa tkaa 4allrw mi kill Mi Mll m if tkat 4nmH 4s tka kfez trick. .- . r*- * * 0n qasatiaa - IT tkaj aavsr rudwi tka labsls tkat vs aklpf nhat la ball vara ttop aaiag far lakalaf Tkay asst kera aaAa am Matallk aata la tba past Hz asstka ,e.,, liars CvitkarichBt. RISLVl falsa i^crPcmS^i r r. oc OATC ,OUC C | RL. . _4^aSLiJ SKNO KNOIR REMOVE AMO KEEP TXlS CO#T 1CM0 &MiP-Oi/T |(T WITH CAtlOM ttfTACT. POt USf Of liu. 0 5 I 0 I 0 4r _ ]gI*IEOffl! JAN 7 1966INTERHOUSE CORRESPONDENCE AArttRtCAN BRAKE SHOE C Walt Gregoricios anokes manch QAt, 1-6-66_____ miner Brake & Automotive Sales - Los Angel I got your little (?) note of 1-4 concerning lab Here's what we've shipped ; 1000 on 9-5-65 2500 on 10-20-65 (by air PP) 1000 on 12-1-65 Are they saying they didn't receive these or is a case of just using them up? We are going ahead v an additional 5000 labels for them and should have them to ship either next Monday or Tuesday. The instruction sheets will go out ahead. ' SMN_ Steve Cvitkovich RieiYs Sales DIPT. /Kji Cic %L. JLJUJU. ' - 1Jjl oJ: JlL % JU^<- tj tiOUCCt /-//- 6 INID. tuootuu KijUOtOO i. n o o e o c c (j IUUCCu co*< ? On Axl Sat BRAKE & AUTOMOTIVE SALES 1101 E. '.X/^htnqtan Bl-.l l Q\ 91 ( 41rOr r-. I A .. . - 'I 05 I 0 I fll ` 9 * iInNTa bErR>iHiwOvU*SE wCOrRnR*ESPONDENCE ~r---^-- -------- ---------------------- z /- +_ IUI \ itn c. /_7> r f ^ j- S)!, M.. 4 J5J Ml* . / y^C-G-i, (/*""( J*~L ^ /5 '-'/ ':'7 e'V' QUjX-- -^4-0 . , 'J' '4'/L-vO 47 ?m? . _s'-C- > ` 'w1 >, .. ~&J t ^ ' A ' ^ '7.- ) t 0 - Jt - 6. 1' /,. ? * 7! - ' = r- > - * . \ HTI, 12-1 CARRIER 1 0 I 0 M) 9 AL UPfOBP. OHIO / v- > The S. K. Wellman Co. B Ed ford 2-2400 MANurACTURIMI or VelvetOUCh All>Mital Fwictioh Products No. 61627 200 EGBERT ROAD 5l,ipptj _______Brake & Automotive Sales________ 1101 g. Washington Blvd. D*ii*wi*ioflLQs frnx*legSlot* Calif. County of. Cuttomar'i Order No.. roum oocm no. OUR OMOCR MO. -- .. -- Cor No. OUAN. BMIAAKO DESCRIPTION POSTAGE 200____ 3000 1000____ 64-TL Catalogs_______________________________________ Break-In Inatruction Sheeca Good Brakes Envelops Stuffera ------------------------------------------------------------------------------------------------------------- 1---------- P CARTONS NO. / 1 GR. WT. NO. BOXES OR. WT. 1 NET WT. i | NO. PACKAGES ' | GR. WT. NET WT. - Rocofrod by .1 CLAIMS ANO RETURNED OOOOI MUST OS ACCOMPANIED or THIS SILL. t 4 THE S.K. WELLMAN COMPANY, BEDWH, dTEEfTO* *11- METAL FRICTION PRODUCTS Advertising Materials Requisition ITtt DESCRIPTION 1 INVENTORY Brake Lining Catalogs Yellow Trade Price Lists Creea Pleat, Car Dealer Price Llata ORDER JU~c -3 c o O Blue Jobber Price Lists Orange Segment Coat Price Lists ".......... i.t,t&itfiTiiiT4 i/l<l i /*.&tJmzrf fllTiiii riiaai Oj***).^ Installation Instruction Shasta (Sasll) Carton Ub.1. Opnctfjr Ur,, or ...11) ,, 3Q ,, . So.eU1 Impriatad Shipping Label . e* j SI 3M r f 0-4*rt L-9232A "Good Brakes" Envelops Stuffer L-9234A Distributor Announcement Self Mailer / *1 L-9236A "Why You Meed Velvetouch" Brochure S2-2562 Truck Lining Self Mailer L-9251A Valvetouch Metalik Ad Mat Sheet L-4989A Flyer Ad Vindow Banner - 11" x 28" Vail Banner - 24" x 30" popular Mechanics Article Beprlnt Bod & Cuetoa Article Baprlnt -- - - --- Sports Car Graphic Article Reprint Window Decel - -f >j j J ____ 2 / ^4trn. / 1, PkiL. 1" x 3" Windshield Stickers 5-1/2" x 11-1/2" Truck Decal NOTE: All it r ao charge with the exception of the imprinted carton Labala. -^ I -COMPAMl m .CITY: I STATE ' SICKED /3 r. r ____________ .DrtAiTTRE. /V' /'X * ^ 05 I 0 l OH I (Wetmhl THI S. K. WELLMAN COMPANY SttS * TflffHONI: Qdifa INVOICE NO. :-r 1 r *5 um CkllX 9Q091 SHIP TO L DAK 1-15-44 QUANTITY" tou* Opoh no. 1-15 TUinocv J tjimj N3%ff 110JTTN* PNfOOlL. QtSCIlMiQN L ff I ah isfn rout 00C NO. UNIT PItCt TQTA4 MlCj 1000 100 f.'anuf.'iCturers and Dnsf'd.i; I rrntr. rft:h li\ifbiLiLiViibili f||jiVVS|lS& *:*Qr* i? Vc IV i~ i-> ~i-t' irnn Ell PGWDLPED V.ETAL BRAKE Lirj t P P U L. V_ * V. t. . Lv BRANCH OFFICE NUMERICAL COPY 0510104' "INTERHOUSE" CORRESPONDENCE SET TO MltOn IKIIVMS ntii COumuniciTiom WIITI HUT in t4CI MOWIOI ivuiri Kin sn - irrum onemu ro linen amo tin co ammmm* 4 >ni bnn m imu. tmmmi. ti.it TO. Art. K. DAT! 1-13-64 INTERHOUSE CORRESPONDENCE Advertising Material Please ship to Brake & Automotive Sales, 1101 East Washington Blvd., Los Angeles, Calif. 90021, the following advertising: Approx. 1000 - L-4482A -(Good Brakes are No Accident]) 100 - Reprints of the Sports Car Graphic article Thanks I RVtYi < *i i Vi Los Angeles OATt .JitAft 'J J I J i -J T AUTHORIZED BONDER. BRAKE & AUTOMOTIVE SALES 1101 E Washington Blvd. Los Angeles 21, California ** IiBlWlOUCll Meta lik TI p---- Precision Bonded and Radius Ground One Axle Se! BRAKE & AUTOMOTIVE SALES 1101 E. Washington Blvd. Los Angelo 21, California 05 I 0 I 0H 4 BRAKE & AUTOMOTIVE SALES 1101 V/d'.hmtjton Blwd. Lo* Angrier 21, Cjr<?ornid 0510(041*' vtBEdlaw 2-3400,,. rAhw^.y^-. ,v.-. -AHur*eTViM Au'm?Ta^ 1 Jf r2 '2?mm <.* 'B MOWURMO. MOIUPA#MC.D UfiAL'-U 0 N.3^USp;<ltfyn , ir:i rpTAo* _ i* >*.*- . l- JOB fcnfttf Artifflft . . t. x.-w^r'-rr -- r' ` v - -S___ jf** -ItM-- tttH _ ; ... -1. ;>* ;- r- -A-- DMIlC >-^r' .>rr^rta:r*---- 'w --tv- --**"K'*- -*--*. .*.. hrtaimaMiii M -' r" --------,.~-~ry--T-/-rr-**' INSU NANCE . : * >-j-- v - - * * ** . * t 'V"'-. * ' /.*/* - . * * ' % ' - * -' ` ' * .* cantons *Kr : ''*' '- . r r - - ' - - ' i ' : *-:-> *- N. WT'^Xi r:=W!H^ *' "TV*!?** o: ;''..... *,,/- - ' ` - .- ... / - T _ -- - - . .' *---^* . _ - ' -- # --OW-M ... * ' '*v~ ' . .* -".''s.'-'v. . NET WT. .. .-- ---r . BOXES . * >;i --< >- .. HO. .. . - * >. . ON. WT. ' . _ .,-v ' ': -r--. T-.".< . NET WT. . PACKAGES NO. - >y- --i -- . - . . * -' -'-" y * *^ - ON.- WT. - ~ . . J jJ-*t ~ sro*:/r-V- . * V -, . -- - "V- -* *" . . _.v * -- .. , . * * --*.V NET WT. . .., * . * -- * -'^1 v -'V * *, . . J. V -- >* '. - ' > - ' ` H , . - ** -" y a y ' - -. ' \ _*__' _-____ ^ -- ^ "". - /{ ? - -'w;.' *.. * * * . - ' . .--1 -T. .. -* ` -- -r ^ .... -- * . -- - ' -- . _ - -*-'- -- * ~ ^ -- * >..-- - .Vi-- 7^rf/j------ ---- -A?- T" - ------------- f 1bica^4 by_ -'- ^ . *. -.c-f-u. ^ MUSTooa * AOCOt<>NI ST ruts MU. -V ' C-'.' _. *-- -.. ~ * 'v*-.-.'7^-'- -r* .- >. _.a jriw--..'. ^yv^ki'* v;v%V'': ' *' ' ' 05 I 0 I 0*I 6 porm pw u SHIPPING COPY CARRIER U WOD. OHIO Jmmm U 19 H . BEdford 2-2400 The S. K. Wellman Co. UANUftcniMM or - Velvetouch Aix-Mmu Pmenon Products Ho. 54882 200 EGBERT ROAD 9uppd ta. PssrtwatioR. 4 Mtto--tiRA tel-- HBt I Wsridstftt 11W. I 4M|IOO Statm M 4!|llf Cam*y< , __ lout*---- ......... ---- ----. ................. .1-- --.1--........ -- Poflvsrtnq Ct rrimr--------------------------------------------------------------Cor hOidCor No. Cmlonof'i O dor No. - -............... ..-- ____ ... ... ,,------______ TOUN OROCB MO. OUR OAOCA MO. OUAN. MIRRCO 2000 DESCRIPTION ShiooiBt Ubtlf ^POST^SE .ir/Va-- INSURANCE CARTONS r~, NET wr. NO. BOXES SR. WT. |NET WT. NO. PACKAGES GR. WT. - NET WT. - * llocoivod by - . __ ___ ALL. CLAIMS AMO RETURNED OOOOO MUST M ACCOM PAM ICO SY THIS HILL. U3 t U i u 1 THE S. K. WELLMAN ...dPMff. BEDFORD. D. WWmh% nlI METHL FRICTION PROPHETS ~ r * / 'S `err 7 ? '* J mT i t - ' d f ? 3 AOVIRTUIMO^AMD PACKAGING ITEMS -^7, J \ /* .< J'.' . ITEM DESCRIPTION 63-TL Brake Lining Catalogs Yellow Trade Price Lists Green Fleet, Car Dealer Price Lists Blue Jobber Price Lists Orange Segoer: Cost Price Lists Small Carton .abel /<L^ Large Carton Label ^ ^ ^ / IV} Imprinted Shipping Label 1 L-9253A"What are the Facts" Brochure L-9252A "Good Brakes" Envelope Stuffer L-9254A Distributor Announcement Self Mailer L'`9256A "Why you Need Velvetouch Metalik" Stuffer S2-2562 Truck Lining Self Mailer 1 ' L-9251A Velvetouch Metalik Ad Mat Sheets 1 J L-4989A Flyer Ad : Window Banner - 11" x 28" \ Wall Banner - 24" x 30" ; Popular Mechanics Article Reprint - Rod & Custom Article Reprint Sports Car Graphic Article Reprint Window Decal 1" x 3" Windshield Stickers INVENTORY ORDER VfiO ye 0 yvz 7Sfl 1 <5ooo Veco ~VOOG 'YCW -vCTt iceo ^co > s ^co Soc J - So ;ieoo v' COMPANY S^i6[TY L.A 2/ STATE CPfIf f- SIGNNEED / &iAK +A uTc *4 ( UOt H'/4 J // (A/ O' j at */P f DATE JTrgr $3 CARFF SHIPPING ORDER 12-6 051010*18 At Bedford. Ohio19 THE S. K. WELLMAN CORP. 300 Cgben ImJ. ledford. ONo 44U* Telephone: 332 2400 Art Cod* 210 1 Tin i 10 2 Skipped to. Destineboa Western Brake & Automotive Sales 1101 E. Washington _______ Los Angeles___________ State of____ Calii _z;Pr^ 9Q0Z1 Raul* Delivering Carrier___ ------------------Car Initial__ Customer's Order No. Blvd. " OftOCoAuMO. OAOCoAuMtO. owam ooc*ie oRUoAAcCHK*sto HUtRARMCe 1000 DESCRIPTION Metalik Instruction sneers rorr* -- } INJUKAt CASTOi NO. os. wr. nit wr. SOU! NO. c*. wr. Nf* WT. PACKAG MO. G*. WT. NO WT. 1 i - . Received by roan na-i --A-U-. c-u-imi.A.N.O.arrudN. -SO---g--o--od-s--m. ust a-c ............ accompanied ------ it this e- iu .- OFFICE COPY i g5lO'9Ma 05 I 0 I 02 I 6 Shannon *T*rrc0 3 '-O-AS 0 racr >A*tCS * MCrcu SOuOkAS * AuOhYOH OAV'O C mAHTMAN v3n a hunt ~oh* o coo*ea A *'CHA0O OTA9T0A aONAcO SCOTT SCMiS SrC***C* * UA0SON MICL'AM W *CAl. OlANC o octoca maooarcte McCAOTNev aomncy aoscar saAiN JOHN IUOLONO JCffaCY A CHaiSTfANSON oianc j Acao law G* ''CCS Mary Ellen Keegan Dodd, Coney, & Bishop, P.S. 1411 Fourth Ave. Bldg. Suite 312 Seattle, WA 98101 Re: Donald L. Horn vs. The Bendix Corp. \ Dear Ms. Keegan: l i Enclosed is S.K. Wellman's Answers to Plaintiff's First Interrogatories, Requests for Production, and Requests for Admission. These answers are conditional upon our client in Cleveland, Ohio reviewing them and signing the signature page. We will mail him a set of the answers today by Express Mail and hopefully he will be able to certify the answers and return the signature page to us by next week. Upon receipt of the certification, we will file the original and send a copy of the signature page on to you. Thank you for your cooperation in this matter. _ Very truly yours, t STAFFORD, FREY & MERTEL 171dA&ba. 0 ThcrmajiA Marsha A. Thomaies^v i Legal Assistant '('.s.V I \1 V/ \~/x > ` \ 'I'm;* i j M.Ajx ^ a vttaq ^ a.\oa& CL ` O -<) / l. '- dJcj :-' UDdLtounv ^tLt' ia,N icy ^ 0 5 I 0 I 02 I 7 SmannOn sTArrc0 * 5 T0*S 3 'Of* *ChaplCS CTCk. OOuOuAS * AuO"rON OaviO C OjON P u hn OHUCN3T0PCP A O'CHAPO OTAfTPA PONAcO SCOTT 9C -- W'ULIAM C NCAl O'ANC 3 CCIOC* mapoapCTc mcCaatnCt POMNCT POCPT SPAIN JOHN 6UOWONO jcrrm^r a cnpistiansOn oianc w *e*o uAW orr-ccs .y/sf/fesr/ .. //<?/&/ POO UNiCN STPCT SgATTLC WASHINGTON 96(01 (206) 623-9900 April 11, 1984 Mr. Brian D. Lynch Attorney at Law 312 - 1411 Fourth Avenue Bldg Seattle, Washington 93101 Re: Horn v. S. K. Wellman Our File: 107/3252 Dear Brian: Enclosed please find pages 24, 27, 103, Exhibit 4.40/4.41 and the executed signature page of S. K. Wellman's answers to plaintiff's interrogatories. These pages contain the only changes that were made to the answers to interrogatories and we would therefore ask that you insert the pages in the correct sequence in your copy of the answers to interrooatories. Thank you. Very truly yours CWM:kl Enclosures 05 ! 0 I j2 I 8 5. I s 1i 2 3 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 8 DONALD L.HORN, 7 v. Plaintiff, 8 THE BENDIX CORP, et al., 9 Defendants.) ) ) ) NO. 80-2-09935-3 ) ) PLAINTIFF'S FIRST ) INTERROGATORIES, REQUESTS FOR ) PRODUCTION OF DOCUMENTS AND , REQUESTS FOR ADMISSIO 10 TO: Defendant S. K. Wellman AND ANSWERS AND RESPONSES THERE7C 11 AND TO ITS ATTORNEY: Stafford, Frey & Mertel 12 PLEASE TAKE NOTICE that the plaintiff hereby submits the 13 original and two copies of the following interrogatories pursuant 14 to the Style Order, CR 26 and CR 33, together with Plaintiflf's 15 First Requests for Production of Documents and First Requests for 16 Admission pursuant to CR 34 and CR 36. In accordance with CR 33, 17 you are to answer the interrogatories under oath, and return within 18 sixty (60) days of the date of service of these interrogatories, 19 requests for production and requests for admission. To the extent 20 possible, answers to the interrogatories should be typed in the 21 spaces provided, adding pages if additional space is required. In 22 accordance with CR 34, you are to produce the documents requested 23 herein for inspection and copying at the offices of Dodd, Coney & 24 Bishop, P. S., Suite 312 - 1411 Fourth Avenue Building, Seattle, 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 1 Dodo. Concv St Bishop. PS J12-1411 FOUMTM AVfNUC lULD'ftG SCATTLC. WASHiftGfO* If 101 122 UM 05101021? 1 Washington within sixty (60) days of the date of service of this 2 request. 3 SPECIAL INSTRUCTIONS 4 1. All interrogatories are direc-ed to information or 5 knowledge of the named party, attorneys, agents, corporate 6 officers, employees, representatives, partners, subsidiaries, . 7 private investigators and all other person ; or entities who are in 8 possession of or who may have obtained information for or on behalf 9 of the named party. The term "you" or "your" shall be defined to 10 include all such persons. 11 2. In answering these interrogatories, all language 12 should be kept in context, the singular including the plural, and 13 the plural including the singular where appropriate. The masculine 14 is intended to refer to the feminine where appropriate and vice 15 versa. 16 3. When listing or identifying a record or document, the 17 term shall mean any recorded material in any form, including 18 originals and all nonidentical copies (whether different from the 19 originals by reason of any notation made on such copies or 20 otherwise), including without limitation correspondence, memoranda, 21 notes, desk calendars, diaries, statistics, letters, telegrams, 22 minutes, contracts, reports, studies, checks, invoices, statements, 23 receipts, returns, warranties, guaranties, summaries, pamphlets, 24 books, prospectuses, interoffice and intraoffice communications. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 2 051010220 1 offers, notations of any sort of conversations, telephone calls, 2 meetings or other communications, bulletins, magazines, 3 publications, printed matter, photographs, microfilms, indexes, 4 computer printouts, teletypes, telefax, invoices, worksheets and 9 all drafts, alterations, modifications, changes and amendments of 6 any o4 the foregoing, tapes, tape recording transcripts, graphic or 7 aural records or representations of any kind, and electronic, 8 mechanical or electric records of representations of any kind, of 9 which you have knowledge or which are now, or were formerly in your 10 actual or constructive possession, custody or control, or which 11 come into your control during the course of this litigation. 12 4. "Possession, custody or control" includes the joint 13 or several possession, custody or control not only by the person to 14 whom these interrogatories and requests are addressed, but also the 13 joint or several possession, custody or control by each other 16 persoi acting or purporting to act on behalf of the person, whether 17 as employee, attorney, accountant, agent, sponsor, spokesman or 18 otherwise. 19 5. "Relates to" means supports, evidences, describes, 20 mentions, refers to, contradicts or comprises. 21 6. "Person" means any natural person, firm, corporation, 22 partnership, proprietorship, joint venture, organization, group of 23 natural persons or other association separately identifiable, 24 whether or not such association has a separate juristic existence 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 3 05101022! 1 in its own right. 2 i 7. "Identify" or "identity" means 3 i --as to a person to state with respect thereto: 4(a) if a natural person, his or her full name, 9 present residence address, and telephone number; 6 (b) if a natural person, the name and last known business address of his or her employer(s) at 7 the time referred to in your answer and at the present time, and the employment position held 8 by such employees with each employer and the I date when each such employment began and ceased, 9 i and if a doctor, his area of specialization; i 10 I (c) with reference to persons who are not natural I parents, the last known complete address, 11 i including zip code, and last known complete I telephone number, including area code, of its 12 headquarters and its nearest or local office or agent. 13 8. "Identify" or "identity" means: 14 --as to a document to state with respect thereto: 15 (a) the name of the person who prepared it; 16 (b) the name of the person who signedit or over 17 whose signature it was issued; 18 (c) the name of each person to whom it was addressed or distributed; 19 (d) the nature and substance of the writing with 20 sufficient particularity to enable it to be _ identified; 21 22 (e) the date when it was prepared; 23 (f) the date when it was signed; 24 (g) the physical location of it and the name and address of its custodian or custodians; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 4 05 I 0 1 07 i ! i i 11 (h) whether it will be voluntarily made available to plaintiff for inspection and copying, and 2 whether copies are attached to your answers to these interrogatories. (In lieu of fully 3 identifying the documents referred to herein, 4 you may instead attach copies of such documents to these answers.); 9 (i) if any such document was, but is no longer in 6 your possession or subject to your control, what disposition was made of it and the reason for 7 its disposition. 9. "Identify" or "identity" means: 8 9 --as to an oral communication to state with respect thereto: 10 (a) the identity of each person who participated in 11 the communication and the identity of each person who was present at the time it was made; 12 (b) the identity of each such person's employer and 13 whom each such person represented or purported to represent in making such oral communication; 14 (c) the date and place where such oral communication 15 was made; ' 16 (d) what each such person said; and 17 (e) the identity of each document or recording pertaining to such oral communication. 18 10. "Identify" or "identity" in any other context means 19 its general and ordinary meaning, i.e., to state all 20 characteristics that are helpful in describing the particular 21 thing, place, feeling, sensation, phenomenon, etc. for which an 22 identification is sought. 23 11. Unless otherwise specified, the Relevant Time period 24 contemplated by each of these interrogatories is the period from PLAINTIFF'S FIRST INTERROGS, ETC. 5 UJi J 1 j i- <- 1 1940 through the present. 2 12. The tern "asbestos" or "asbestos product", unless 3 otherwise specified, includes any mined, converted, fabricated, 4 processed or rebranded product or compound which has been 5 manufactured, supplied, delivered, distributed, consigned or e otherwise placed into the stream of commerce and which contains anv 7 asbestos or chrysotile amosite, crocidolite, tremolite, 8 anthophyllite or actinolite, whether in their raw or natural 9 state. The term specifically includes, but is not limited to, 10 friction products containing asbestos, including brake linings, 11 brake facings, molded brake linings, roll brake linings, disc pads, 12 asbestos-containing adhesives or any other friction material 13 containing asbestos. 14 13. THESE INTERROGATORIES ARE DEEMED CONTINUING AND 13 SUPPLEMENTAL ANSWERS SHALL BE REQUIRED PURSUANT TO CR 26(e). 16 SECTION 1.0 17 INTERROGATORIES 18 1.01 Identify each person by name, address and position of 19 each person who prepared answers or was consulted with regard to 20 answering these interrogatories or supplying information used in 21 answering these interrogatories, including experts, and as to each 22 interrogatory, please state either at the conclusion of the answer 23 thereto or at the conclusion of all the answers the name, addresses 24 and positions of the persons who answered, supplied the information 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 6 05101' k PRELIMINARY STATEMENT 1. S^jfiTwtllinAn was incorporated in 1971 in the State of Ohio to receive assets purchased froai the Wellman Division of Atoex Corporation. 5 In responding to these discovery requests, S. K. Wellman is relying solely upon information in its own possession. S. K. Wellman interprets the words "you, your" and words of similar intendment to refer only to S. K. Wellman and, for the sake of convenience and expediting dis covery, the Wellman Division of Abex Corporation, to the extent the information is known to personnel of S. K. Wellman. S. K. Wellman undertakes no responsibility to develop information from Abex Corporation, and does not purport to speak for Abex Corporation. To the extent any definition established by plaintiff in the discovery requests is inconsistent with this treatment, S. K. Wellman objects to the definition on the ground that it is overly broad and vague and renders the requests unduly burdensome. 2. S. K. Wellman objects generally to the discovery requests on the ground that they are overly broad in the nature and scope of their inquiry and in the period of time to which the inquiry applies, and are therefore unduly burdensome and oppressive, especially in view of the specific facts now known about this plaintiff's claim. In addition, a portion or all of several of the requests seeks information which is not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. 051010?' 3. Without waiving any of these objections, S. K. Wellman provides the following responses. If, and to the extent, plaintiff deems that the scope, interpretations or conditions of S. K. Wellman's responses are not fully respon sive to any portion or portions of the discovery requests, S. K. Wellman objects to those portions on the ground that they are so vague and unprecise as to be unintelligible, that they seek information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, and that they are unduly broad, burdensome and oppressive. 4. The following answers and objections are based upon information in the possession of the responding party at the time of the preparation of the answers. Discovery will continue as long as permitted by statute or stipulation of the parties and the investigation of S. K. Wellman's attorneys and agents will continue to and throughout the trial of this action. S. K. Wellman specifically reserves the right at the time of trial to introduce any evidence from any source which may hereafter be discovered and testimony from any witnesses whose identities may hereafter be discovered. 5. Tf any information has unintentionally been omitted from these responses, S. K. Wellman reserves the right to apply for relief so as to permit the insertion of the omitted data from these responses. 6. The above preliminary statements shall apply to each and every response given herein, and shall be incorporated by reference as though fully set forth in each and all of the responses appearing in the following pages. 05 I 0 I 022p 1 and who drafted the answer. 2 ANSWER: j. e. Mencini, Viae President, Administration 3 The S. K. Wellman Corporation 200 Egbert Road 4 Bedford, Chio 44146 S *r. Ntencini gathered the information and prepared the responses in consultation with counsel. Principal contributors of information included: 6 R. Frichette, Vice President-Production & CXiality Assurance; 7 3. Carrigan, Director of Distribution Development and Product Distribution; S. Cvitkovich, Marketing Assistant; 8 Z. K. Yeager, Environmental Administrator; F. ttirphy, Administrative Nurse. 9 Ml are employed at S. K. Wellman's Bedford, Chio facility. 10 1.02 State: 11 (a) Your correct corporate name; 12 (b) The state of your incorporation; 13 (c) The date of your incorporation; 14 (d) The address of your principal place of business; 19 (e) Whether or not you were registered to do 16 business in the State of Washington during the Relevant Times, which has been defined as 1940 17 through the present; 18 (f) Whether or not you had a registered agent for 19 the purpose of accepting process in the State of Washington during any period of the Relevant 20 Times and the name and present address of each such agent; 21 (gd Whether or not you are challenging service of 22 process; (h) Your corporate purposes; 23 (i) Identify the person(s) who incorporated 24 defendant; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 7 051013227 1 (j) Identify the custodian of the Articles of 2 Incorporation and By-Laws of defendant. 3 ANSWER: (a) The S. K. Wellman Corporation; (b) Ohio; 4 (c) 1971; (d) 200 Egbert Road, Bedford, Ohio; 5 (e) No; (f) No; 6 (g) No, not on the basis of insufficiency of servioe or lack of personaljurisdiction; 7 (h) Manufacture, market and distribute products; (i) Objection pursuant to OR 26(b) 1--seeks nformation which is neither 8 relevant nor reasonably calculated to lead to the disc, very of admissible evidenae (hereinafter "irrelevant objection"). 9 1.03 State in what form, if any, business was conducted by 10 fou or your corporate predecessor prior to incorporation. 11 ANSWER: 12 See preliminary statement attached to these interrogatories. 13 14 IS 16 17 IS 1.04 Identify each director of defendant from date of 19 incorporation by name and last known address and dates of service. 20 ANSWER: 21 irrelevant objection. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 8 I i i C' 3 ! 0 i j ? 1 1.05 Identify the custodian of the minutes of the meetings 2 of the Board of Directors and Articles of Incorporation of 3 defendant and/or its corporate predecessors. 4 9 &N5WER; McManamon, 1200 Hanna Bldg., Cleveland, Ohio 44115 6 7 8 9 REQUEST FOR PRODUCTION A: Pursuant to CR 34, attach or 10 11 produce according to the above instructions a copy of the minutes of the meetings of the Board of Directors referred to in the 12 foregoing interrogatory. 13 14 D-?-S--P--O---N--S--E-** Objection-overly broad, burdensane and seeks information which is for the most part irrelevant and therefore objected to under the irrelevant objection. 19 16 17 18 19 1.06 Identify each director known to you who served as a 20 director, officer, employee or consultant to any other business, 21 corporation or cO-defendant which manufactured, distributed, sold, 22 installed or otherwise dealt with asbestos products. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 9 05 I 0 I 3ZZU 1 ANSWER; 2 None known. 3 4 S 6 7 1.07 As to the foregoing answer, list each such director, 8 together with each such business, including the name and address 9 thereof and the nature of its asbestos-related enterprise. 10 11 See 1.06 above. 12 13 14 15 16 1.08 State where defendant has maintained its principal 17 18 offices, including its corporate headquarters, since its inception, 19 including dates of such locations. 20 ANSWER; 21 22 200 Egbert toad Bedford, Ohio 44146 1374 East 51st Street Cleveland, Ohio 44103 (prior to 1952). . 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 10 051010230 1 1.09 Does defendant maintain an organization table or 2 tables? If you have answered this in the affirmative, identify the 3 custodian of each table* 4 ANSWER: 9 Yes, J. E. Mendni. 6 7 8 9 10 REQUEST FOR PRODUCTION B: Pursuant to CR 34, attach or 11 produce according to the above instructions a copy of each such 12 identified table or organization. 13 14 -R--E--S--P--O--N--S--E- : .T..h..i.s....w....i..l.l...be produced when satisfactory arrangements have been made betv^en counsel to do so. 13 16 17 18 19 1.10 Has defendant or any of its subsidiary companies at 20 any time engaged in the mining, manufacturing, marketing, assembling, rebranding, distributing or sale of any material or 21 22 product containing asbestos fibers? See instruction 12, page 6, for definition of the terms "asbestos or asbestos product". The 23 scope of this interrogatory includes the manufacture, distribution, 24 assembling, marketing or sale of products into which 25 26 asbestos-containing products were incorporated. PLAINTIFF'S FIRST INTERROGS, ETC. - 11 05101023' 1 ANSWERS 2 Yes. 3 4 3 6 1.11 If the answer to the preceding interrogatory is in 7 the affirmative, state the following: 8 (a) The names of the companies mining, 9 manufacturing, marketing, distributing, rebranding, assembling and/or selling each of 10 those products, and specify whether these companies mined, manufactured, marketed, 11 distributed and/or sold material containing asbestos fibers; 12 (b) The trade or brand name of each of those 13 products mined, manufactured, marketed, distributed and/or sold; 14 (c) The date each of the named products was placed 13 on the market; 16 (d) The date each of the named products was withdrawn from the market; 17 (e) A description of the physical (chemical) 18 composition of each of the named products, including the type and percentage of asbestos 19 contained in each product and the purpose of each ingredient for each year said product was 20 manufactured, sold, distributed, rebranded and/or sold; 21 (f) A description of the physical appearance of each 22 of the named products, including any identifying color(s), stamp(s), stripe(s), texture, etc. for 23 each year said product was manufactured, sold, distributed, rebranded and/or sold; 24 (g) The sources of the asbestos ingredients 25 contained in each product; 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 12 1 (h) Where each asbestos ingredient was obtained; 3 4 5' I; 6 7' 8' I* 9 10 11 12 (i) Where the asbestos ingredients were delivered; (j) When the asbestos ingredients were obtained; (k) A detailed description of the intended uses of each of the asbestos-containing products; (l) The date you controlled, purchased or acquired any interest in any other corporation which mined, manufactured, marketed, distributed or sold asbestos-containing products; (m) The manner of acquisition, including percentage of ownership; (n) The date of the sale of any such interest, or portion of such interest and the purchaser; (o) The date any such predecessor or subsidiary corporation ceased doing business. ANSWER Wellman - manufacture, market, distribute, sell; ffcrpps* pmn pro*6**i f ~< ?ee 1.11(c) above; ^ (e) Woven roll lining--composed of_long fiber asbestos ^pun .into yarn with friction modifiers of brass, copper or zinc wire; woven 17 on carpet looms to width, thickness and length; treated with oraanic resins and heat; ground. IS i Flexible moded and molded materials including 3/4" truck 19 !block, industrial sets, pads and ,mixed with metal chips of brass, gears--composed of short fiber asbesto: copper or zinc (continued on attached) 20 1.12 Please identify by location and product produced each 21 j;plant in which the asbestos-containing products listed in the ;i ,,'^| previous answer were manufactured and/or assembled, rebranded or 2j |otherwise produced and for each plant state: I | (a) The dates each such plant was in operation; 25 26 'PLAINTIFF'S FIRST INTERROGS, ETC. - 13 051010233 Continuation of Answer to No. 1.11: ahnedatoargndanpicresresusrienst;oerxotruugdheddimoer npsaiossnesd; ginrotounda mtooldfi;niscuhreedd undeerr dimension and drilled for mounting. Pacer friction products-composed of Uoiose fibers, crysotile ..h.atos carbon or graphite and mineral fillers, e.g., sillies and ullite, bonded together by phenolic resins, affixed to both sides of a flat steel ring with a phenolic adhesive under heat and nrpssure and finished by machining grooves m the friction material, e Investigation continuing as to type of asbestos contained in these products. (f) See response to No. 1.11(e); can contain part number "SKW" and/or "Velvetouch"; (g) Raybestos Manhattan (Raymark); Abex Corp.; Wheeling Brake Block; Frasle, Virginia Friction, Lydall; Armstrong; QuinnT, Inc.; (h) See response to No. 1.11(g); (i) S. K. Wellman facilities; (i)___Continuous basis; >ee preliminary statement; See preliminary statement; None; None. PLAINTIFF'S FIRST INTERROGS, ETC. - 13-A I U3 ' - JU- 1 (b) The time span during which each named item was 2 produced; 3 (c) The amount of each product, expressed in pounds or tons, which was produced by each plant during 4 the Relevant Times; 3 (d) The person(s) at each such plant in charge of producing each such asbestos product; 6 (e) The person(s) in charge of packaging each 7 asbestos product; 8 (f) The person(s) in charge of labeling each such product. 9 10 ------ ' (a) In the U.S. - Cleveland, Ohio up to 1952 - Bedford, Ohio 1952-present 11 - Nashville, Tennessee 1982-present (b) 1963-present--roll lining, fabricated parts 12 1974-present--paper friction materials; (c) Irrelevant objection and probably not able to lead to 13 the development of this data, in any event; (d) Bedford - Robert Martin, Vice President, Manufacturing 14 Nashville - Ed Stanek, Plant Manager; (e) See response to No. 1.12(d); 15 (f) See response to No. 1.12(d). 16 17 18 19 20 1.13 During the Relevant Times, did you maintain or 21 distribute manuals, instructions, dealer handbooks or pricing 22 information pertaining to the sale, use, installation or removal of 23 asbestos or asbestos products? 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 14 0510102' 1 ANSWER: 2 3 Yes. 4 9 6 1.14 If the answer to the preceding interrogatory is in 7 the affirmative, state the present location oi records or other 8 such materials and the name and address of the custodian. 9 iweweQ* 10 :----------- ' See response to Request for Production C. 11 12 13 14 15 REQUEST FOR PRODUCTION C: Pursuant to CR 34, attach or 16 17 produce according to the above instructions a copy of each such 18 manual, instruction, dealer handbook or pricing information. 19 Copies attached as part of Request for Production C. There is no single custodian or single point where such materials are 20 located. S. K. Wellman will continue to search its files for such documents. The documents attached are representative of dealer 21 materials. Pricing information documentation is objected to as proprietary and further objected to under the irrelevant objection. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 15 05101 9236 1 i 1.15 During the period of time from 1940 to the present, 2I were any sales materials prepared by defendant or its agents for 3 the purposes of marketing or advertising defendant's asbestos or 4 asbestos-containing products anywhere in the United States? S 6 ANSWER: 7 Yes> 8 9 10 1.16 If your answer to the preceding interrogatory is in 11 the affirmative, state: 12 (a) The name and address of each person or entity 13 who prepared the same; 14 (b) The name, address and job title of each person who presently has possession of same; 13 (c) The date same was prepared; 16 (d) The media used to disseminate the sales 17 _ material. Specify the names of the magazines, trade publications, catalogs, trade shows and/or 18 sales staff involved in the dissemination; 19 (e) State whether any of the materials referred to in your answer to this interrogatory were 20 mailed, circulated, distributed or otherwise made available in the State of Washington during 21 * the Relevant Times. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 16 0 5 I 0 I 3 2 37 2 ANSWER: gy or un<jer the direction of The S. K. Wellman its predecessors; 3 (b) See response to Request for Production D; (c) See response to Request for Production D; 4 (d) Sales, staff, trade shows, mailings; (e) Unknown. 5 : Corp. or 6 7!' a l! .5 1Q :! REQUEST FOR PRODUCTION D; Pursuant to CR 34, attach or 'i . H 1 produce according to the above instructions a copy of each such ;i 12 "item of sales or marketing information, including but not limited (i j^iito books, movies, sales literature, training and/or marketing aids, l> 14 ;and an index thereto. 15 RESPONSE; See answer to Request for Production C above, including ! attachments. 16 17 18 19 , 1.17 State whether any of your agents, employees, 20 imanufacturers, representatives or dealers during the Relevant Times 21 |were instructed to advertise, solicit, sell or otherwise encourage ^the purchase of your asbestos products or asbestos-containing 22 I 23 products for use in motor vehicle brake linings, brake pads or 24 [brake facings. 25 26 / PLAINTIFF'S FIRST INTERROGS, ETC. - 17 05 I 0 I 92,a 1 ANSWER: 2 Yes. 3 4 9 6 7 8 1.18 If the answer to the preceding interrogatory is in 9 the affirmative, state the location of said promotional materials 10 and the name and address of the custodian. 11 ANSWER 12 See response to Request for Production C above. 13 14 19 16 17 1.19 Identify the location, existence and present 18 19 custodian of any manuals, specifications or instructional materials 20 pertaining to the use, installation or removal of asbestos or 21 asbestos-containing products which were distributed or made 22 available to purchasers of your products during the Relevant Times. 23 24 29 26 - 18PLAINTIFF'S FIRST INTERROGS, ETC. 051010239 1 ANSWER: 2 See Request for Production C above. 3 4 5 6 7 1.20 If asbestos or asbestos-containing products were eld 8 to or purchased from any of the other defendants in this suit state: 9 (a) The name of each such defendant(s); 10 (b) The date(s) of sale, purchase or rebranding of 11 each said product, including the amount and kind of materials sold or purchased, specifying trade 12 names for each year of the Relevant Times; 13 (c) The name, address and job classification of the individual currently having possession of such 14 records. IS ANSWER: (a) See response to Interrogatory No. 1.11(g) for vendors; 16 no sales to any defendants for automobile applications; (b) Irrelevant objection--burdensome and it is not presently: 17 clear whether data is available from which to compile this information.; Investigation continuing. ! 13 (c) J. E. Mencini is investigating to determine if informa- ; tion can be collected to respond to Interrogatory 1.20(b). 1 19 20 1.21 State the names and addresses of all distributors, 21 dealers, agents or manufacturers' representatives of any of your 22 asbestos-containing products in the States of Washington, Oregon 23 and California during the period of 1950 through the present, and 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 19 9510102*0 IulI Ii !! 1f for each such person you have identified, state the time periods 2 'each such person represented you. 3 ANSWER: objection - this is privileged, proprietary information. 4 Counsel in Seattle has in his possession the names and addresses and s will deliver same for an inspection by the court and would agree to a 5 jreview of the list by plaintiff's counsel pursuant to an agreement of liconfidentiality and nondisclosure to other persons or parties including 0 ijdefendants in the present litigation without further order of the court _ !)Western Brake is not a distributor, dealer, agent or manufacturing 7 [representative of S. K. Wellman. S. K. Wellman has no records of ,, isales to the Western Brake Co. 8 !i <1 10 l' 1,21.1 If you are a defendant 11 ! distributor of motor vehicles, identify! 12 manufacturer, seller or 13 14 13 16 17 18 19 20 21 ii 22 23 24 (a) The name and address of each and every manufacturer from whom defendant or any of its subsidiary companies obtained brake linings or brake pads or brake facings for installation or use in any motor vehicles manufactured or sold by defendant from 1950 through 1978; (b) The name and address of the distributor or seller from whom defendant or any of its subsidiary companies obtained brake linings, brake facings or brake pads for use in any motor vehicles manufactured or sold by defendant from 1950 through 1978; (q) The type, including dimensions, and brand name of each brake lining, brake facing or brake pad defendant or any of its subsidiary companies purchased or obtained for use in any motor vehicles manufactured or sold by defendant from 1950 through 1978, and from whom each such product was purchased or otherwise obtained; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 20 0 51 0 I Q 2 * I I I 1 I 2i II 3 4 s I: 6 7 8 Ii 9 i1':l 10 : ul ii 12 i 13 : I 14 : 15 16 17 18 19 20 21 22 23 24 25 (d) The dates (years) defendant or any of its subsidiary companies purchased or obtained such brake lining(s) or brake pad(s) from each manufacturer, distributor and/or seller, and the amounts expressed in pounds or tons which defendant or any of its subsidiary companies purchased or otherwise obtained; (e) The type and percentage of asbestos contained in each trade or brand named brake lining or brake pad identified above which you obtained from 1950 through 1978; (f) The physical characteristics of each kind of brake lining, brake pad or brake facing purchased or used by defendant or defendant's subsidiaries for use in vehicles manufactured or sold by you, including size, dimensions, weight, color, identifying tags, stamps or markings on said brake liners, pads or facings; (g) The name, last known address and telephone address of defendant's or defendant's subsidiaries' purchasing agent(s) responsible for obtaining brake linings and brake pads for use in any motor vehicles manufactured or sold by you from 1950 through 1978; (h) During the time period 1950 through 1978, did you maintain records relating to the purchase, sale and/or use of brake linings, brake pads or disc brake pads, including, but not limited to, records which indicate what brake linings were installed or to be installed on particular types or models of defendant's motor vehicles. (i) Describe all such records referred to in subsection (h) above; * (j) Identify (by manufacturer, trade name, number and brand name) what brake linings, brake pads . or brake facings were installed, assembled, placed in or otherwise used or furnished in each of the motor vehicles you manufactured, sold or distributed for the period 1950 through 1978. PLAINTIFF'S FIRST INTERROGS, ETC. - 21 ii 0510192*2 1 Otherwise stated, identify what brake pads, 2 brake linings or brake facings went into which of your motor vehicles during the period 1950 3 through 1978; 4 (k) State when and how you were first made aware of health hazards associated with the use of 9 asbestos; 6 7 a 9 10 n 12 13 14 13 16 17 18 19 Ij 20 ! 21 (l) When did you first become aware that warnings were plaed on asbestos products with respect to the health hazards associated with the use of asbestos; (m) When did you first learn in any manner or from any source that asbestos or asbestos products are hazardous or dangerous to the health of persons; (n) From whom did you learn the information referred to in the answer to the preceding interrogatory; (o) State what documents reflect the information given in answer to the two preceding interrogatories, their date, and the present custodian of said records; (p) Did you at any time maintain or distribute manuals, instructions or information relating to the sale, use or removal of asbestos or asbestos products, including, but not limited to, the use or removal of asbestos-containing brake linings, brake pads or brake facings; (q) If the answer to the preceding interrogatory is in the affirmative, state the present location of records or other such materials and thename and address of the custodian of said manuals, - instructions, directories or information. 22 i! I 23 24 j| i 25 : 26 i! I PLAINTIFF'S FIRST INTERROGS, ETC. - 22 0510102^3 1 ANSWER: 2 N/A 3 4 5 6 7 8 REQUEST FOR PRODUCTION E; Pursuant `.o CR 34, attach or 9 produce according to the above instructions a copy of all such 10 purchase or sale records, and such information, written directions 11 or instruction manual(s) identified in Interrogatories 1.21(h),(o\ 12 (i), (p) and (q). 13 14 RESPONSE: n/A 15 16 17 18 19 1.22 Have any asbestos products identified in your answers 20 to Interrogatory 1.11 been, or are any of such asbestos products 21 now, distributed*in interstate coamerce? 22 ANSWER: 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 23 0510102** 1' 1.23 If the answer to the preceding interrogatory is I. 2 I, affirmative, 3 state: (a) Into which states of the United States of 4 American such product has been distributed; i1 3 (b) The quantity distributed into each state of the jl U. S. for every year of the Relevant Times; 6 ;j ii (c) The name and address of each company or other ' 77 If1 business entity, in the states of Washington, .5 and Oregon to which such product has been distributed and the dates of the distribution- 9 ANSWER: (a) Irrelevant objection--however, S. K. Wellman believes its products were distributed in the state of Washington; 10 ! (b) Unknown; i (c) Release of customer lists is objected to as privileged 11 and proprietary. There is, however, no record of any materials sold to the Western Brake Co. There is a recollection of sales of metallic 12 friction material to Western Brake ending some time in the early 1970s 13 l! 14 15 16 17 18 Ij 19 !, 20 21 i> 1.24 During the time period from January 1, 1950 through 22 December 31, 1978, have you, directly or indirectly, sold, 23 ! distributed, delivered, installed or consigned any asbestos 24 i! products for use in brake renovation and repair such as brake 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 24 0510102*5 1 1.23 If the answer to the preceding interrogatory is 2 affirmative, states 3 (a) Into which states of the United States of 4 American such product has been distributed; 5 (b) The quantity distributed into each state of the U. S. for every year of the Relevant Times; 6 (c) The name and address of each company ar other 7 business entity, in the states of Washington, and Oregon to which such product has been 8 distributed and the dates of the dist ribution* 9 ANSWER: Irrelevant objection--however, S. K. Wellman believes its products were distributed in the state of Washington; 10 (b) Unknown; (c) Release of customer lists is objected to as privileged 11 and proprietary. There is, however, no record of any materials sold to the Western Brake Co. 12 13 14 IS 16 17 18 19 20 21 1.24 During the time period from January 1, 1950 through 22 December 31, 1973, have you, directly or indirectly, sold, 23 distributed, delivered, installed or consigned any asbestos 24 products for use in brake renovation and repair such as brake 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 24 05 I 0 I 02\S 1 lining, molded or roll linings, disc brake pads, or adhesives to 2 any of the following facilities, including their predecessors or 3 successors: 4 9 (a) Western Brake Industries Company, Seattle, 6 Washington; 7 (b) Western Brake Industries Company, Los Angeles, California; 8 (c) Western Brake Industries Company, San Francisco, 9 California; 10 (d) Stewart-Western, Inc., Seattle, Washington; 11 (e) Stewart-Western, Inc., San Francisco, California; 12 (f) Stewart-Western, Inc., Los Angeles, California. 13 ------------ 14 13 16 (a) No; (b) No; (c) No; (d) No; (e) No; (f) No. 17 1.25 If any portion of your answer to the preceding 18 interrogatory was in the affirmative, state: 19 (a) The name of the agency, or facility identified in Interrogatory No. 1.24 to whom you sold, 20 distributed, delivered, installed or consigned ^ asbestos products; 21 22 (b) Whether sold by you directly or through an agent manufacturers' representative, dealer or 23 subsidiary; 24 (c) The name and address of the agent manufacturers' representative, dealer and/or subsidiary; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 25 05 I 0 I 92W 1 (d) Specifically state the amount and kind of all 2 asbestos products sold, distributed, delivered, installed or consigned to each facility referred 3 to herein, stating in detail for each facility identified in Interrogatory No. 1.24 for every 4 year during the period 1950 through 1978: 3 6 7 8 9 10 11 12 13 14 13 ANSWER: 16 17 1. The brand or trade name of the asbestos products which were delivered; 2. The date of delivery of the products; 3. the volume of sales for every month during the period 1950 through 1978 for each product and facility expressed in pounds or tons; 4. The dollar value of sales for every month . during the period 1950 through 1978 for each product and facility; (e) The ultimate purchaser or user of said products; (f) State the name and present address of the person or persons responsible for providing the answer to this interrogatory. For answers to 1.25(a) - (f), see answers to 1.24(a) - (f). 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 26 05 I 0 I 0 2 43 i1 |! 2 Ii' i; address, 3 1.26 Identify by and phone number name, job title, the persons that current or last known your records show to be the purchasing agents for the companies or agencies listed in your 4 ianswer to Interrogatory No. 1.24 for each year during the period 5 i: January 1, 1950 through December 31, 1978. 6 7 ANSWER: No names recalled. 8 !i 10 11 12 13 1.27 During the period 1950 through the present, did you 14 15 or any of your predecessors or subsidiaries at any time sell brake 16 !linings or brake lining components to companies engaged in the 17 manufacture and/or sale of motor vehicles? 18 ANSWER: Wellman does not sell any brake lining or brake lining components to such companies for use in on-highway motor vehicles 19 i1 except that during the referenced period, the S. K. Wellman Corporation sold sintered metal non-asbestos containing disc brake pads to a racing 20 team representing British Leyland Motors. 21 22 1.28 If the answer to the preceding interrogatory is in 23 j the affirmative, identify the name and address of the companies 24 ! engaged in the manufacture and/or sale to whom you sold 25 asbestos-containing brake linings or brake lining components to and 26 , PLAINTIFF'S FIRST INTERROGS, ETC. - 27 0510/0249 1 1.26 Identify by name, job title, current or last known 2 address, and phone number the persons that your records show to be 3 the purchasing agents for the companies or agencies listed in your 4 answer to Interrogatory No. 1.24 for each year during the period 3 January 1, 1950 through December 31, 1978. 6 7 ANSWER: no names recalled. 8 9 10 11 12 13 1.27 During the period 1950 through the present, did you 14 or any of your predecessors or subsidiaries at any time sell brake IS 16 linings or brake lining components to companies engaged in the 17 manufacture and/or sale of motor vehicles? 18 ANSWER: s. K. Wellman does not sell any brake linings or brake lining ccrponents to ccnpanies for use on highway motor vehicles. 19 20 21 22 1.28 If the answer to the preceding interrogatory is in 23 the affirmative, identify the name and address of the companies 24 engaged in the manufacture and/or sale to whom you sold 25 asbestos-containing brake linings or brake lining components to and 26 PLAINTIFF'S FIRST INTERROGS, ETC. 27 051010250 1 the dates of such sales, and identify by trade and brand name 2 exactly what product you sold and the quantity of the product you 3 sold to said companies. 4 ANSWER: 5 See answer to 1.27 above. 6 7 8 9 10 11 1.29 Identi fy each medical director of defendant by name, 12 last known address, duration of service, and all previous and 13 subsequent employers of each such medical director. 14 15 A--N---S--W--E--R- : N. one. 16 17 18 19 20 21 22 1.30 Identify by name and address the custodian of the 23 records of the various medical directors. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 28 05 I 0 I 0 2 51 1 ANSWER: 2 N/A 3 4 3 6 7 8 REQUEST FOR PRODUCTION NO. F: Pursuant to CR 34, attach 9 or produce according to the above instructions a copy of the nost 10 current curriculun vitae for each and every medical director named 11 in answer to the preceding interrogatory. 12 RESPONSE: 13 N/A 14 15 16 17 18 1.31 Have you at any time requested and/or received 19 information from medical officers, hygienists, or other employees 20 of your company pertaining to the possible existence of a 21 relationship between asbestos exposure and disease, or to the risks 22 or hazards to persons involved in the manufacture, installation, or 23 use of products containing asbestos? 24 25 26 PLAINTIFF*S FIRST INTERROGS, ETC. 29 051010252 1 ANSWER; s. K. Wellman has kept current with regulatory requirements, 2 and information of this kind has come into its possession in various 3 ways. 4 S 6 7 1.32 If your answer to the preceding interrogatory is in 8 the affirmative; 9 10 (a) Identify the person(s) involved? 11 (b) State the dates relevant to the collection or 12 receipt of such information described above; (c) Describe in detail the nature of the study or 13 information? 14 (d) Identify all documents related to the study or information described above; 15 16 (e) Identify the custodian of the documents identified in subpart (d) by name and address. 17 ANSWER: gee response to Interrogatory No. 1.31 and Request for 18 Production G. 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS ETC 30 05 I 0 I 0L0J 1 I 2I I REQUEST FOR PRODUCTION G; Pursuant to CR 34, attach or 3 produce according to the above instructions a copy of all documents 4 identified in your response to the preceding interrogatory, 5I j RESPONSE: s> K< Wellman complies with state and federal standards, 6 i which standards are available to the general public, and therefore, production is objected to. The objection is on the grounds that the 7 standards are in the public domain and equally accessible to the plaintiff. 8 9! io | ii 1.33 Have you at any time requested, received information 12 from or participated in studies with persons outside your company 13 pertaining to the possible existence of a relationship between 14 asbestos exposure and disease, or to the risks and hazards to IS persons involved in the manufacture, installation or use of 16 products cont lining asbestos? 17 ANSWER: Yes. Information received is in the form of state and 18 federal standards references in answer to interrogatories 1.31, 1.32 19 and Request for Production G above. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 31 0510)0254 1 1.34 If your answer to the preceding interrogatory is in 2 the affirmative: 3 (a) Identify the person(s) involved; 4 (b) State the dates relevant to the collection or S receipt of such information described above; 6 7 8 9 10 11 ANSWER: 12 (c) Describe in detail the nature of the study or information; ' (d) Identify all documents related to the study or information described above; (e) Identify the custodian of the documents identified in subpart (d) with names and addresses. gee answer to 1.33 above. 13 14 15 16 17 18 19 20 21 REQUEST FOR PRODUCTION H: Pursuant to CR 34, attach or 22 produce according to the above instructions a copy of all documents 23 identified in your response to the preceding interrogatory. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 32 051010255 1 RESPONSE; gee answer/ including objection, to Request for 2 Production G above. 3 4 3 6 1.35 Do you have or have you ever had person(s) in your 7 employ who were charged with responsibility for monitoring the a state of domestic knowledge of the safety and health aspects of 9 your industry? 10 11 ANSWER: objection as overly broad. Virtually every employee is responsible for safety and health matters. No single person is charcred 12 with this responsibility. 13 14 15 16 17 1.36 If your answer to the preceding interrogatory is in 18 the affirmative: 19 (a) Identify all such person(s) with names and 20 addresses; 21 (b) State the dates of service of each such person(s); 22 23 (c) State the formal title, if any, of the person(s) described above; 24 (d) Identify all documents relevant to the 25 position/person described above. 26 PLAINTIFF'S FIRST INTERROGS, ETC. 33 051010256 1 2 ANSWER: 3 see 1.35 above. 4 5 6 7 8 9 REQUEST FOR PRODUCTION I: Pursuant to CR 34, attach or 10 produce according to the above instructions a copy of all documents 11 identified in subparagraph: (d) above. 12 RESPONSE: objection--ovecly broad and cannot identify documents, if 13 any, which should be produced in response to this Request for Production. J. E. Mencini is aware of state and federal safety and 14 health standards which we assume represent the state of domestic knowledge. The standards are available to the general public and 13 production of same is objected to. 16 17 1.37 Do you have or have you ever had person(s) 18 responsible for monitoring the state of current foreign knowledge 19 of the safety and health aspects of your industry? 20 ANSWER: ,, 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 34 051010257 1 1.38 If your answer to the preceding interrogatory is in 2 the affirmative: 3 (a) Identify all such person(s) with names and 4 addresses; 3 (b) State the dates of service of each such person(s); 6 (c) State the formal title, if any, of the person(s) 7 described above; 8 9 ANSWER: (d) ^ Identify all documents relevant to the position/person described above. 10 11 12 13 14 13 16 REQUEST FOR PRODUCTION J: Pursuant to CR 34, attach or 17 produce according to the above instructions a copy of all documents 18 identified in subparagraph (d) above. 19 RESPONSE: N/ft 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 35 05 I 0 0?58 r i' ii 1 j; 1.39 Describe your record retention program from 1935 to 2 :: the present date and state: 3 (a) Where records are kept? 4 3 ii> (b) Location and existence of written materials concerning your program and date of adoption; 6 7 8 ii 9 ii ANSWER: 10 11 12 , I 13 : (c) Description of the information contained in such records; (d) The length of time purchase, bid, shipping and/or sale records are maintained by your company. (a) Principally on Solon, Ohio and Bedford, Ohio; (b) None; (c) Objection--vague, overbroad, burdensome; (d) Generally seven years, although with some variation. 14 13 16 17 ! 1.40 Did the defendant at any time assign, license or 18 19 I otherwise allow any of their asbestos-containing friction products, 20 trademarks or copyrights to be used by any person, firm or 21 corporation? - 22 ANSWER: ^ot united States. 23 24 I:;l .1 23 !: 26 . ;PLAINTIFF'S FIRST INTERROGS, ETC. - 36 05 I G I LIZ 1: 1.41 If your answer to the preceding interrogatory is in 2 the affirmative: 3 (a) 4 State the name of the product, trademark or copyright so assigned or licensed; ,1 5 : (b) The time period of the assignment or license; II 71; 9 ANSWER: i. 10 ! (c) The nature of the assignment or license (whether exclusive or not); ' (d) N/A The terms and conditions of each such agreement (you may attach said matenil to these interrogatory answers). 11 I; 12 13 14 ' 13 16 ; 1.42 At the time of such assignment or license, was there 17 ;any agreement between the parties concerning liability in the event 18 of future litigation concerning the product? i 19 iANSWER: 20 iI I N/A li 21 22 23 I i 24 I 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 37 i f 0 5 i 0 l 015 'J 1 1.43 If your answer to the preceding interrogatory is in 2 the affirmative, state: 3 (a) The nature and substance of such agreement; 4 (b) The location of said agreement and/or copies. 5 ANSWER: 6 N/A 7 8 9 10 1.44 State the location of your national and Washington, 11 California and Oregon State warehouse, warehouse facilities, or 12 distribution centers for your asbestos-containing products during 13 the Relevant Times. 14 13 A---N--S--W---E--R: 16 17 S_ o,lon, O^h.io Portland, Oregon Los Angeles, California San Francisco, California. 18 19 20 21 22 1.45 Specify the corporate relationship between you and 23 local dealers and/or manufacturer's representatives of asbestos 24 products who sold products containing your corporate identification 25 or trademark during each year of the Relevant Times. 26 PLAINTIFF'S FIRST INTERROGS, ETC. 33 05 I 0 ! 025 I 1 ANSWER: Jn the u.S., S. K. Wellman has employed direct sales people. 2 Recently it has also developed a program involving independent 3 distributors. In the past there may also have been manufacturers' representatives used. 4 5 6 7 a SECTION 2.0 9 10 2.01 Have any of the asbestos-containing products listed 11 in Interrogatory No. 1.11 been altered in chemical composition 12 since first being manufactured, sold or marketed? 13 14 ANSWER: None known for reasons related to health. IS 16 17 18 19 2.02 If the answer to the preceding interrogatory is in 20 the affirmative, please state: 21 (aj The trade name of each of those products; 22 (b) The date each of the named products was altered; 23 (c) The nature of the alteration; 24 (d) The reason for the alteration. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 39 0 5 ! 0 ! 0 13 2 i ANSWER: ihealth. Not applicable as there were no known changes related to 5 6 2.03 State the name, address and job title of each person 7 !! who participated in the design and preparation of manufacturing 8 jj specif ications for each product listed in Interrogatory No. 1.11. 9 ;i 10 ||: j Ross Frichette (previously identified) Robert Thomas, Manager-Material Development-Paper ii: 3572 Darrow Road i Stow, OH 44224 12 I Robert Taylor, Director-Materials Development 13 1441 Century Oaks Dr. Elgin, IL 60120 14 :i Bruce A. Washington, Director-Facilities, Maintenance, ii Safety & Environment 15 3215 Cannon Drive Twinsburg, OH 44087. 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 40 0 5 I GI 3 2 5 ? 1 2.04 Do any documents, including wr itten memoranda, 2 specifications, recommendations, blueprints or other written 3 naterials of any kind or character relating to the design and 4 preparation of the asbestos products listed in Interrogatory No. 5 L.ll now exist? 6 7 aniiK. Yes. 8 9 2.05 If the answer to the preceding interrogatory is in 10 affirmative: 11 (a) List each document; 12 (b) State the name, address and job title of each 13 person who currently has possession of each document, and where the documents are presently 14 located. 13 ANSWER; (a) irrelevant objection--overly broad, vague, burdensome; 16 (b) J. E. Mencini is designated custodian in Bedford, Ohio; Ed Stanek is designated custodian in Nashville, Tennessee. 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 41 05 I 0 I 025i 1 REQUEST FOR PRODUCTION Ks Pursuant to CR 34, you are 2 hereby requested to produce and/or make available for inspection 3 and copying all such correspondence or other material pertaining to 4 your answer supplied in the previous interrogatory. 9 RESPONSE: Irrelevant objection--overly broad and burdensome and it 6 is further objected on the grounds that it would involve disclosure of privileged, proprietary information. 7 8 2.06 Before releasing the products listed in Interrogatory 9 No. 1.11 to the public, were any tests conducted on them to 10 determine potential health hazards involved in the use of the 11 asbestos materials contained in those products? 12 ANSWER: None. 13 14 15 16 17 18 2.07 If the answer to the preceding interrogatory is in 19 the affirmative, state: 20 (a) The names of the products tested; 21 (M When the products were tested; 22 (c) The name, address, and job title of each person who conducted those tests; 23 (d) The results of those tests. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 42 051010265 1 2 ANSWER. See answer to 2.06 above. 3 4 S 6 7 2.08 Do any documents, including written memoranda, 8 9 specifications, recommendations, blueprints, or other written 10 materials of any kind or character relating to the testing of the 11 products identified or in Interrogatory No. 1.11 now exist? 12 ANSWER: See answer to 2.06 above. 13 14 15 16 17 2.09 If the answer to the preceding interrogatory is in IS the affirmative, state: 19 (a) List each document; 20 (b) State the name, address and job title of each person who currently has possession of each 21 document, and where it is presently located. 22 ; See answer to 2.06 above. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 43 U J l J > (. > J 1 REQUEST FOR PRODUCTION L; Pursuant to CR 34, you are 2 hereby requested to produce according to the above instructions a 3 copy of all documents identified in your response to the preceding 4 interrogatory. 5 RESPONSE: see answer to 2.06 above. 6 7 8 9 2.10 Did defendant or any of its subsidiary companies make 10 any design changes as a result of the tests referred to in 11 Interrogatory No. 2.06? 12 13 ANSWER: None. See answer to 2.06 above. 14 13 16 17 2.11 If the answer to the preceding interrogatory is in 13 the affirmative, state: 19 (a) The trade names of the products changed; 20 (b) The nature of the changes made; 21 (cj The name, address and job title of each person responsible for having made a change. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 44 0 5 10 10 2 6 ?' i i. I1 1; i ANSWER: 2;------------ N/A 3 4 5 6 2.12 After releasing the products list.sd in Interrogatory 7 No. 1.11 to the public, were any tests conductsi on them or were 8 i' any on-si te inspections conducted to determine potential health 9 :: i hazards i nvolved in the use and/or removal of the asbestos materials contained in those products? 11 ! | ANSWER: Many tests are performed on the products to see that they 12 perform, which performance can relate to the health of the persons using |the products. No tests were made as to dusts or quality of the product 13 `during their ordinary life. As stated in answer to 2.06 above, the iproducts are designed and intended to function in a wet environment. 13 2.13 If the answer to the preceding interrogatory is in 16 f 17 the affirmat iI 18 e. state (a) The names of the products tested; 19 (b) The name, address, and job title of each person who conducted those tests; i20 (c) The results of those tests. 21 ANSWER: 22 N/A 23 24 j 25 26 : 'PLAINTIFF'S FIRST INTERROGS, ETC. - 45 I' l 05 I G I 3263 2.14 Do any documents, including written memoranda. specifications, recommendations, blueprints or other written ma terials of any kind or character relating to the potential health {hazards of the products listed in Interrogatory No. l.ll now exist? ANSWER: 6 7 Yes. 8 9' il 2.15 If the answer to the preceding interrogatory is in 10 the affirmative, state: 11 ii 12 i (a) Name each product; i (b) List each document; 13 i: (c) State the name, address and job title of each 14 person who currently has possession of each document and where it is presently located. 15 ANSWER: 16 See response to Request for Production M. 17 18 19 20 21 REQUEST FOR PRODUCTION M: Pursuant to CR 34, attach or 22 22 [produce according to the above instructions a copy of each such ! 24 li1 document or test. I',I 25 . 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 46 051010269 1 RESPONSE: Existant federal and state standards available to the 2 general public currently prescribe warnings to be placed on these products. Copies of warnings are attached. 3 4 5 2.16 Did defendant or any of its subsidiary companies make 6 any design changes as a result of those tests? 7 ANSWER; N/A 8 9 10 11 12 13 2.17 If the answer to the preceding interrogatory is in the affirmative, state; 14 (a) The names of the products changed; 15 16 17 ANSWER: (b) N/A The name, address and job title of each person responsible for having made a change. 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 47 051010270 1 REQUEST FOR PRODUCTION Ms Pursuant to CR 34, you are 2 hereby requested to produce according to the above instructions a 3 copy of all documents pertaining to design changes as identified in 4 your response to the preceding interrogatory. 5 RESPONSE: N/A 6 7 8 9 SECTION 3.0 10 11 3.01 Did you provide instructions and/or warnings 12 13 concerning the potential health hazards of asbestos exposure to 14 plaintiff's employer Stewart-Western, Inc. or Western Brake Ind. 15 Company at any time? 16 ANSWER: ------------ ' No. S. K. Wellman has no record of any sale of products to the listed companies. 17 18 19 20 3.02 If the answer to the preceding interrogatory is in 21 the affirmative,- state the following: 22 (a) Whether the employer was expected or requested to transfer the instructions and/or warnings to 23 its employees such as plaintiff; 24 (b) The date(s) you provided instructions and/or warnings to plaintiff's employer; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 48 1 2 3 4 3 6 7 8 9 ANSWER: (c) Who prepared the instructions and/or warnings; (d) To whom the instructions and/or warnings were addressed; (e) The manner in which the instructions and/or warnings were transmitted to plaintiff's employers (i.e., orally, printed, pamphlets, printed on carton, etc.); (f) The precise wording used in the instructions and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or warnings. N/A 10 11 12 13 14 15 16 17 18 3.03 Did you, at any time, provide instructions and/or 19 warnings concerning the potential health hazards of asbestos 20 exposure to either (a) plaintiff and/or (b) his co-workers? 21 ANSWER: No. ' 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 49 U3 t u I ULt ' i i 1 i- 3.04 If the answer to the preceding interrogatory is in 2 the affirmative, state the following: 3 (a) The date(s) you provided instructions and/or 4 warnings to each plaintiff and/or his co-workers 5 ' (b) Who prepared the instructions and/or warnings; (c) To whom the instructions and/or warnings were addressed; 8 9 10 i 11 12 (ANSWER: 13-------------- (d) The manner in which the instructions and/or warnings were transmitted to plaintiff and/or his co-workers (i.e., orally, printed, pamphlets, printed on carton, etc.); (e) The precise wording used in the instructions and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or warnings. N/A 14 !: i 13 : I 16 ! i 17 . 18 !r: 19 21 ! 22 !' 23 I1 24 25 26 :PLAINTIFF'S FIRST INTERROGS, ETC. - 50 1 3.05 Did you provide instructions and/or warnings 2 concerning the potential health hazards of asbestos exposure to any 3 persons at plaintiff's work place during the time period during 4 .which plaintiff was employed at Stewart-Western, Inc. or Western 3, jBrake Ind. Company, Seattle, Washington? 6S | ANSWER: ^ we have no record of any sales to or other involvement 7 iwith plaintiff's work sites listed. 8' 9 10 3.06 If the answer to the preceding interrogatory is in 11 affirmative, state the following: 14 j 13 ; t 16 i 17 i 18 I 19 j1 20 i ,1 21 (a) The date(s) you provided instructions and/or warnings to plaintiff and/or his co-workers; (b) Who prepared the instructions and/or warnings; (c) To whom the instructions and/or warnings were addressed; <d) The manner in which the instructions and/or warnings were transmitted to plaintiff and/or his co-workers (i.e., orally, printed, pamphlets, printed on carton, etc.); (e) The precise wording used in the instructions and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or - warnings. 22 23 i. 24 !. i 25 ii 26 : PLAINTIFF'S FIRST INTERROGS, ETC. - 51 ud I o i ozr I 1 ANSWER: 2 3 4 See 3.05 above. 5 6 7 8 3.07 Did you at any time place any kind of an instruction 9 warning label on any container, shipping tag, invoice or product 10 11 of any kind which purported to warn a user of your product of the 12 danger of using asbestos? , 13 rMi w w i Yes, 14 13 16 17 3.08 If the answer to the preceding interrogatory is in 18 the affirmative, state: 19 (a) When the warning, notice or instruction first appeared; 20 (b) On what asbestos-containing products did the 21 * caution, warning, notice or instruction appear, and where were such warnings located on each of 22 the products or packages; 23 (c) For each individual product when did the warning first appear; 24 23 26 PLAINTIFF'S FIRST INTERROGS, ETC. 52 05 I 0 I 0275 1 2 3 4 S 6 7 8 9 10 11 ANSWER: 12 13 14 (d) The exact wording of each such warning, notice or instruction for each individual asbestos-containing product; (e) The time period each such warning was used for each asbestos-containing product; (f) Who prepared the instructions or warnings. (g) Has the warning notice, statement or instruction ever been altered, amended ir changed in any manner; if so: 1. For each product warni g that was altered or amended, indicate how and when it was amended and the reason for such amendment or change, and the identity of the person responsible for such amendment or change. (a) Approximately 1972; (b) All; on the exterior of the package; (c) Approximately 1972; (d) See response to Request for Production 0; (e) Approximately 1972 to present; (f) S. K. Wellman employees or vendors; (g) See response to Request for Production 0. 15 16 17 18 REQUEST FOR PRODUCTION 0: Pursuant to CR 34, attach or 19 produce according to the above instructions an authenticated copy 20 of each warning label or notice used on any asbestos-containing 21 product sold, manufactured or incorporated in any product 22 manufactured or distributed by you. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 53 051010276 1 RESPONSE: see answer to Request for Production M above. 2 3 4 5 3.09 Did you provide respirators to plaintiff, plaintiff's 6 employers or persons at plaintiff's job sites during the time 7 period pi intiff was employed at Stuart-Western, Inc. or Western 8 Brake Industries, Seattle, Washington? 9 \NSWER: See 3.05 above. 10 11 12 13 14 3.10 If the answer to the preceding interrogatory is in 13 the affirmative, state the following: 16 17 (a) The date(s) respirators were provided; 18 (b) To whom the respirators were provided; 19 . (c)` The type of respirators provided; 20 (d) The instructions and/or warnings provided with respirators, if any. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 54 051010277 1 ANSWER. 2 N/ft 3 4 9 8 7 8 9 3.11 Did you receive any comments or complaints concerning 10 asbestos dust and/or asbestos health hazards from any persons who 11 were co-employees or employed at plaintiff's place of employment 12 during the time period plaintiff was employed at Stuart-Western, 13 Inc. or Western Brake Industries, Seattle, Washington? 14 19 ANSWER: see answer to 3.05 above. 16 17 18 19 3.12 If the answer to the preceding interrogatory is in 20 the affirmative, state the following: 21 (a> The name and address of the person commenting or complaining; 22 (b) The precise wording of the comment and/or 23 complaint; 24 (c) The date the comment and/or complaint was received by you; 29 (d) What action, if any, was taken in response to 26 the comment and/or complaint. PLAINTIFF'S FIRST INTERROGS, ETC. - 55 051010278 1 ANSWER: 2 3 4 See answer to 3.05 above. S 6 7 8 I 9 10 3.13 Did you receive notice of any workmen's compensation 11 claims alleging injury as a result of asbestos exposure? 12 13 ANSWER: Yes. See answer to 3.05 above. 14 13 16 17 18 3.14 If the answer to the preceding interrogatory is in 19 the affirmative, state the following for each year from the date of 20 your incorporation: 21 (aj The name and address of each claimant; 22 (b) The date you received notice; 23 (c) The state in which the claim was filed; 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 56 I 851010279 1 2 3 ANSWERS n/a 4 (d> The injury alleged in the claim; (e) The outcome of the claim (i.e., settled, dismissed, etc.) 9 6 7 8 9 10 3.15 State the total number of product liability, third 11 party cases which have been filed naming you as a party defendant, 12 in which it was alleged in any way that your asbestos-bearing 13 product caused harm. 14 19 ANSWER; irrelevant objection. 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 57 05 I 0 I 0 2 3 p 1 REQUEST FOR ADMISSION A; Over 10,000 cases described in 2 Interrogatory No. 3.17 are pending or have been filed naming you as 3 a defendant. 4 RESPONSE: .. 5 ---------------- Denied. 6 7 8 3.16 When were you first served with a summons and 9 complaint in which it was alleged that asbestos-related damages 10 were sustained by a third party as a result of alleged exposure to 11 an asbstos product manufactured, distributed or incorporated into a 12 product manufactured or distributed by you? 13 ANSWER: 1981. 14 15 16 17 IS 19 20 21 22 3.17 State the court, cause number, attorney 23 identification, and ultimate resolution of such lawsuit identified 24 25 above. 26 PLAINTIFF'S FIRST INTERROGS, ETC. 58 05101028' 1 AMSWEgi 2 irrelevant objection. 3 4 5 6 3.18 For each and every year from 1930 to present, state 7 the number of such suits which were served upon you. 8 ANSWER: 9 See reSp0nse to 3.16. Irrelevant objection. 10 11 12 13 14 3.19 Identify by name and address the person or persons 13 who act as corporate custodian of documents pertaining to the third 16 17 party litigation in which asbestos-related damage is alleged. 18 AN.s^gS; j. e. Mencini. 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 59 051010282 1 3.20 When was defendant first served with a third party 2 summons and complaint in which it was alleged then or later that a 3 4 plaintiff or a plaintiff's decedent sustained mesothelioma as a result of exposure to asbestos products manufactured, distributed 9 or incorporated into a product manufactured or distributed by you? 6 7 ANSWER: 1QO, a 9 10 11 12 13 3.21 State the court, cause number, attorney 14 identification and ultimate resolution of such lawsuit identified 19 above. 16 ANSWER: _ . .... ------------ Irrelevant objection. 17 18 19 20 21 3.22 FoV each and every year from 1930 until the present, 22 state the number of such suits which were served upon you. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 60 051013233 1 ANSWER: 2 objection. 3 until 1981 and as to the number of suits after 1981, irrelevant 4 3 6 7 8 3.23 When was defendant first served with a summons and 9 complaint in which it was then or later alleged that a plaintiff or 10 plaintiff's decedent sustained lung cancer as a result of exposure 11 to asbestos products manufactured, distributed or incorporated into 12 a product manufactured or distributed by you? 13 ANSWER: jgg response to interrogatory No. 3.16. 14 IS 16 17 13 19 3.24 State the court, cause number, attorney 20 identification and ultimate resolution of such lawsuit identified 21 22 above. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 61 05101028* 1 ANSWER: 2 Irrelevant objection. 3 4 S 6 7 3.25 For each and every year from 1930 to the present, 8 state the number of such suits which were served upon you. 9 ANSWER: Ncne 10 1981, and the number of suits after 1981, irrelevant objection. 11 12 13 14 3.26 When was defendant first served with a summons and 19 complaint in which it was then or later alleged that a plaintiff or 16 17 plaintiff's decedent sustained asbestosis as a result of exposure 18 to asbestos products manufactured, distributed or incorporated into 19 products manufactured or distributed by you? 20 ANSWER: See response to No. 3.16. 21 * 3.27 State in detail the court, cause number, attorney 22 23 identification and ultimate resolution of such lawsuit identified 24 above. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 62 05101028' 1 ANSWER: 2 irrelevant objection. 3 4 9 6 7 3.23 For each and every year since 1930 to the present, 8 state the number of such suits which were served upon you. 9 ANSWER: 5^ 10 to 3.16, and to years after 1981, irrelevant abjection. 11 12 13 14 3.29 Do you retain records of the worker's compensation or 13 third party claims described in the foregoing interrogatories? 16 ANSWER: yes> 17 18 19 20 3.30 Identify with name and address the corporate 21 custodian of records concerning claims of workers. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 63 05 I 0 I 0 2 3 5 1 ANSWER: 2 j. e. Mencini. 3 4 9 6 3.31 Identify all documents relating to the information 7 kept on worker's compensation claims. 8 ANSWER: Materials as provided by State of Chio, Bureau of Workman's 9 Canpensation which generally includes clairrant's report, on Action index as 10 naintained by the State Bureau, any medical reports filed with the State Bureau and any applications for adjustment of the claim which nay be filed by any 11 party to the proceeding. None until 1981, irrelevant objection. 1981 and as to the number of suits after 12 13 14 15 REQUEST FOR PRODUCTION P: Pursuant to CR 34, attach or 16 17 produce according to the above instructions a copy of all documents 18 identified in the preceding interrogatory. 19 RESPONSE: irrelevant objection--everly broad and burdensome. 20 21 22 23 24 23 26 PLAINTIFF'S FIRST INTERROGS ETC 64 05I 0 I 02a/ 1 REQUEST FOR ADMISSION B: You were aware as early as 1900 2 that one or more individuals had filed workmen's compensation 3 claims alleging injury or disease as a result of exposure to 4 asbestos while employed at one or more of your facilities. 9 RESPONSE: Denied. 6 7 a 9 10 REQUEST FOR ADMISSION C: You were aware as early as 1910 11 that one or more individuals had filed workmen's compensation 12 claims alleging injury or disease as a result of exposure to 13 asbestos while employed at one or more of your facilities. 14 RESPONSE: Denied. 19 16 17 18 REQUEST FOR ADMISSION D: You were aware as early as 1920 19 that one or more individuals had filed workmen's compensation 20 claims alleging -injury or disease as a result of exposure to 21 asbestos while employed at one or more of your facilities. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 65 05101023a I RESPONSE: Denied. 2 3 4 3; I! 6 , ^* I that one REQUEST or more FOR ADMISSION E; You individuals had filed were aware as early as workmen's compensation 1930 8 !, claims alleging injury or disease as a result of exposure to i 9 asbestos while employed at one or more of your facilities. 10 RESPONSE; Denied. 11 12 13 14 I 13 REQUEST FOR ADMISSION F: You were aware as early as 1940 16 that one or more individuals had filed workmen's compensation 17 claims alleging injury or disease as a result of exposure to 18 I asbestos while employed at one or more of your facilities. 19 ' RESPONSE: Denied. 20 21 22 i' i 23 ; 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 66 ! 05101028 1 REQUEST FOR ADMISSION G; You were aware as early as 1950 2 that one or more individuals had filed workmen's compensation 3 claims alleging injury or disease as a result of exposure to 4 asbestos while employed at one or more of your facilities. 5 RESPONSE: Denied. 6 7 8 9 10 REQUEST FOR ADMISSION H: You were aware as early as 1960 11 that one or more individuals had filed workmen's compensation 12 claims alleging injury or disease as a result of exposure to 13 asbestos while employed at one or more of your facilities. 14 RESPONSE: Denied. 15 16 17 IS 19 20 REQUEST FOR ADMISSION I: You were aware as early as 1965 21 that one or more, individuals had filed workmen's compensation 22 claims alleging injury or disease as a result of exposure to 23 asbestos while employed at one or more of your facilities. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 67 03 i U I vLJu 1 RESPONSE: 2 Denied. 3 4 5 6 REQUEST FOR ADMISSION J: You were aware as early as 1970 7 that one or more individuals had iled workmen's compensation 8 claims alleging injury or disease as a result of exposure to 9 asbestos while employed at one or more of your facilities. 10 RESPONSE: 11 12 13 14 15 16 REQUEST FOR ADMISSION K: You were aware as early as 1975 17 that one or more individuals had filed workmen's compensation 18 claims alleging injury or disease as a result of exposure to 19 asbestos while employed at one or more of your facilities. 20 RESPONSE: Denied. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 68 0510102 1 REQUEST FOR ADMISSION L: You were aware as early as 1979 2 that one or more individuals had filed workmen's compensation 3 claims alleging injury or disease as a result of exposure to 4 asbestos while employed at one or more of your facilities. 3 RESPONSE: Admitted. 6 7 a 9 REQUEST FOR ADMISSION M: You were aware as early as 1980 10 that one or more individuals had filed workmen's compensation 11 claims alleging injury or disease as a result of exposure to 12 asbestos while employed at one or more of your facilities. 13 RESPONSE: 14 j-ggpongg to Request for Admission L. 15 16 17 REQUEST FOR PRODUCTION Q: Pursuant to CR 34, attach or IS produce according to the above instructions annual summaries of 19 compensation claims analyzed by nature of claims, lost time, 20 disposition and -the like. 21 22 RESPONSE: irrelevant objection. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 69 I I 0 5 I 0 I 0 2n 1 SECTION 4.0 2 3 4.01 Does or did defendant provide pulmonary function 4 tests on its asbestos-exposed workers? S ANSWER: 6 Yes. 7 8 9 4.02 If the answer to the foregoing interrogatory is in 10 the affirmative, state: 11 (a) The nature of such program(s); 12 (b) Whether such program was optional or mandatory; 13 if mandatory, when it became so; 14 (c) The location(s) of such program(s); 15 (d) The date of service of such program(s); 16 (e) If any of the program(s) have undergone modification, the nature and dates of such 17 modification; 18 (f) The custodian (by name, address and position) of 19 records of such pulmonary function test program(s); 20 (g) The highest level of management (by name, ^ address and position) who participated in the 21 decision to institute such prograra(s). 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 70 051010293 I ANSWER: (a) Since 1977 S. K. Wellman, pursuant to OSHA regulations, has 2 requested enployees working in areas with possible asbestos exposure to undergo , annual pulmonary function tests; 3 (b) See answer to interrogatory 4.02(a); (c) S. K. Wellman's plant dispensary; 4 (d) See answer to 4.02 (a); ,! (e) None; 5 ;! (f) Plant nurse at S. K. Wellman corporation; || (g) There are no records that exist as to information requested in 6 Ithis interrogatory. REQUEST FOR PRODUCTION R; Pursuant to CR 34, attach or 10 jproduce according to the above instructions a copy of the records 11 !; pertaining in any way to the implementation of the previously 12 ' identified pulmonary function test programs. 13 1 "RESPONSE: None available. 14 ! 15 16 17 18 19 ii;! 4.03 With reference to the pulmonary function testing 2q |, program described in your answer to Interrogatory No. 4.02, state the frequency (e.g., tests per year or per month) such tests were 21 administered to individual employees (and if frequency varies by 22 22 i; categories of employee or if testing policy was modified, indicate i, I. 24 ; when and where the modifications occurred and by what categories). :i 25;; 26 : !'PLAINTIFF'S FIRST INTERROGS, ETC. - 71 ll 05 I 0 I 3 2 9 * 1 ANSWER: 2 See answer to 4.02 above. 3 4 5 6 4.04 Did you ever institute a program of chest x-reys for 7 asbestos-exposed workers? 8 ANSWER: 9 Yes. 10 11 12 4.05 If the answer to the foregoing interrogatory is in 13 the affirmative, state: 14 (a) The nature of such program(s); 15 (b) Whether such program was optional or mandatory; 16 if mandatory, when it became so; 17 (c) The location(s) of such program(s); 18 (d) The date of service of such program(s); 19 (e) If any of the program(s) have undergone modification, the nature and dates of such 20 modification; 21 (f) The custodian (by name, address and position) of records of such x-ray test program(s); 22 (g) The highest level of management (by name, 23 address and position) who participated in the decision to institute such program(s). 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 72 0510102 1 ANSWER: (a) Since 1977, S. K. Wellman, pursuant to OSHA regulations has 2 requested its errployees working in areas with possible asbestos exposure to undergo anterior and posterior chest x-rays; 3 (b) See answer to 4.05(a); (c) X-rays were taken by radiologists in Cleveland, Chio who were 4 contracted to perform these tests for S. K. Wellman; (d) See answer to 4.05(a) above; 5 (e) None; (f) Plant nurse and outside doctors; 6 (g) No such records exist as to info requested in this interrogatory'. 4.06 For each and every such program identified in your 7 answer to the preceding interrogatory, describe in detail the 8 method by which the results of such testing was made available to 9 the employees. 10 ANSWER. jj-j-gievant objection. 11 12 13 14 IS 16 17 REQUEST FOR PRODUCTION S: Pursuant to CR 34, attach or 18 produce according to the above instructions a copy of the records 19 of the implementation of the afore-identified chest x-ray 20 programs. 21 RESPONSE: Irrelevant objection. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 73 05 I 0 I Q1'' i : 4.07 Did defendant ever institute a safety program other 2 than pulmonary function tests and x-ray exams for its 3 I asbestos-exposed workers? 4 . ANSWER: S. K. Wellman has taken air samples in its facilities since the mid-1970s. 3 For a time in the 1970s and possibly early 1980s when materials of unknown identity !j were being subject to certain processes in its laboratory, S. K. Wellman made 6 j respirators available to laboratory employees. II 7! i 8 9 10 , i 4.08 If the answer to the foregoing interrogatories is in 12 : the affirmative, state: 13 i- (a) The nature of such prograo(s); (b) Whether such program was optional or mandatory; if mandatory, when it became so; 16 (c) The location(s) of such program(s); 17 (d) The date of service of such program(s); 18 r (e) If any of the program(s) have undergone i: 19 modification, the nature and dates of such ji modification; 20 'j il (f) The custodian (by name, address and position) of l21 * records of such x-ray test program(s); (g) The highest level of management (by name, address and position) who participated in the decision to institute such program(s). 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 74 II-, 05I 0 I 0281 1 ANSWER: (a) See 4.07 above; 2 (b) See 4.07 above; (c) Location of S. K. Wellman plants and warehouses, See answer to 3 interrogatory 1.08 and 1.12 for location information; (d) See 4.07 above; 4 (e) We try to review and update all programs; (f) J. E. Mencini; 9 (g) J. E. Mencini, Vice President of Administration. See answer to interrogatory 1.01. 6 7 REQUEST FOR PRODUCTION T: Pursuant to CR 34, attach or 8 produce according to the above instructions a copy of the records 9 of the implementation of the afore-identified chest safety program. 10 11 RESPONSE: irrelevant objection. 12 13 14 4.09 Did defendant ever institute a no-smoking program for 15 its asbestos-exposed workers? 16 17 ANSWER: 18 19 20 21 4.10 If^the answer to the preceding interrogatory is in 22 the affirmative, state: 23 (a) The nature of such program(s); 24 (b) Whether such program was optional or mandatory; if mandatory, when it became so; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 75 1 2 3 4 3 6 7 8 9 ANSWER: 10 11 (c) The location(s) of such program(s); (d) The date of service of such program(s); (e) If any of the program(s) have undergone modification, the nature and dates of such modification; (f) The custodian (by name, address and position) of records of such x-ray test program(s); (g) The highest level of management (by name, address and position) who participated in the decision to institute such program(s). See answer to 4.09 above. 12 13 14 13 16 17 18 4.11 Identify all records which pertain to the 19 implementation of the above-described program(s). 20 ANSWER: 21 see answer to 4.09 above. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 76 0510 I 0 2 9 9 I' 1 REQUEST FOR PRODUCTION U; Pursuant to CR 34, attach or 2 produce according to the above instructions a copy of the records 3 of the implementation of the above-identified no-smoking programs. 4 9 RESPONSE; answer to 4.09 above. 6 7 8 r 9 . REQUEST FOR ADMISSION N: Prior to 1900, dust counts, air 10 I' 11 sampling surveys, or other types of studies or tests were conducted at one or more of your facilities where products containing 12 13 1 asbestos were manufactured to determine the levels of dust or 14 asbestos fiber concentrations in the air. 15 RESPONSE: Denied. 16 17 18 h 19 20 REQUEST FOR ADMISSION 0: Prior to 1910, dust counts, air 21 '[.sampling surveys* or other types of studies or tests were conducted ii 22 i1 at one or more of your facilities where products containing 23 i asbestos were manufactured to determine the levels of dust or 24 i asbestos fiber concentrations in the air. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 77 051010300 1 RESPONSE: 2 Denied. 3 4 S REQUEST FOR ADMISSION P: Prior to 1920, dust counts, air 6 sampling surveys, or other types of studies or tests were conducted 7 at one or more of your facilities where products containing 8 asbestos were manufactured to determine the levels of dust or 9 asbestos fiber concentrations in the air. 10 RESPONSE: Denied. 11 12 13 14 IS REQUEST FOR ADMISSION Q: Prior to 1930, dust counts, air 16 17 sampling surveys, or other types of studies or tests were conducted 18 at one or more of your facilities where products containing 19 asbestos were manufactured to determine the levels of dust or 20 asbestos fiber concentrations in the air. 21 RESPONSE: Denied. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 78 05 I 0 I 0 3 0 I 1 REQUEST FOR ADMISSION R: Prior to 1940, dust counts, air 2 sampling surveys, or other types of studies or tests were conducted 3 at one or more of your facilities where products containing 4 asbestos were manufactured to determine the levels of dust or 9 asbestos fiber concentrations in the air. 6 RESPONSE: Deled. 7 8 9 10 11 REQUEST FOR ADMISSION S: Prior to 1950, dust counts, air 12 sampling surveys, or other types of studies or tests were conducted 13 at one or more of your facilities where products containing 14 asbestos were manufactured to determine the levels of dust or 19 asbestos fiber concentrations in the air. 16 17 RESPONSE: Denied. 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 79 05 I 0 I 0 3 0 2 l 1 REQUEST FOR ADMISSION T: Prior to 1960, dust counts, air 2 jsampling surveys, or other types of studies or tests were conducted 3 at one or more of your facilities where products containing 4 !asbestos were manufactured to determine the levels of dust or 3 asbestos fiber concentrations in the air. 6 RESPONSE: Denied. 7 8 9 !i(i 10 >i|! 11 :! i t! REQUEST FOR ADMISSION U: Prior to 1970, dust counts, air 12 sampling surveys, or other types of studies or tests were conducted 13 ! i at one or more of your facilities where products containing 14 asbestos were manufactured to determine the levels of dust or 13 asbestos fiber concentrations in the air. 16 17 RESPONSE: Denied. 18 IIII 19 !' i 20 i| 21 ji REQUEST- FOR ADMISSION V: Prior to 1979, dust counts, air 22 j sampling surveys, or other types of studies or tests were conducted I 23 ii at one or more of your facilities where products containing 24 ij asbestos were manufactured to determine the levels of dust or l* 25 asbestos fiber concentrations in the air. 26 i: PLAINTIFF'S FIRST INTERROGS, ETC. - 80 0 5 10 10 3 0'' RESPONSE: Adnitted. 3 4 5 6 4.12 Was defendant ever involved in a suit or claim by an 7 individual (or a union on behalf of an individual) instituted to 8 gain access to the medical or exposure records of defendant's 9 employees? 10 ANSWER: 11 ;i NO. 12 ; :i 13 I 14 ; 15 16 4.13 If the answer to the foregoing interrogatory is in 17 the affirmative, state: 18 (a) When such a suit occurred; 19 20 >i (b) The attorneys involved in representing each party, together with the cause number and court where filed; 21 (o) The individual and/or union involved; 22 (d) The nature of the medical records in question; 23 (e) Identify the custodian (by name, address and position) of records relating to the above 24 subject. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 81 05 I 0 I 0 3 0 * ANSWER: See answer to 4.12 above. 2 3 4 5 i! i;i 7" 8 9 REQUEST FOR PRODUCTION V; Pursuant to CR 34, attach or 10 produce according to the above instructions a copy of all records 11 relating to the above subject. 12 RESPONSE: See answer to 4.12 above. 13 14 15 16 17 i, 18 4.14 Does defendant now, or have you in the past, ever :contributed money or other support toward the research of the 'i 20 !,biological effects of asbestos? 21 !: ANSWER: No. - 22 : 23 24 ' 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 82 051010305 1 4.15 If the answer to the preceding interrogatory is in 2 the affirmative, state: 3 (a) the date(s) of such contribution; 4 (b) The substance, either monetary amount or other, 5 of such contribution; 6 (c) The type of project or projects contributed to; 7 (d) The recipient of such contribution by name; address and affiliation for study; 8 (e) Identify by name, address and title the person 9 or persons in highest responsibility post for such a decision to contribute toward such 10 research; 11 (f) Identify all documents which pertain to the decision to contribute to such research; 12 (g) Identify the name and address of the custodian 13 of all documents relating to such research. 14 ANSWER: See answer to 4.14 above. 15 16 17 18 19 20 21 REQUEST FOR PRODUCTION W: Pursuant to CR 34, attach or 22 produce according to the above instructions all documents relating 23 to the research identified in response to Interrogatory No. 4.14. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 83 05 I 0 I 0305 i1 RESPONSE: See answer to 4.14 above. 2 3 4 5 REQUEST FOR ADMISSION X: You conducted or caused to be 7 i! conducted no tests before 1900 on your products containing asbestos to determine whether asbestos or asbestos particles might be harmful to human beings if inhaled. 10 RESPONSE: Admitted. 11 12 13 14 13 REQUEST FOR ADMISSION Y: You conducted or caused to be 16 conducted no tests before 1910 on your products containing asbestos 17 to determine whether asbestos or asbestos particles might be 13 i harmful to human beings if inhaled. 19 !. II MSPONSE: 20 ! il 211 22 ;i 23 24 25 26 PLAINTIFF'S FIRST INTERR0GS, ETC. - 84 05101030? I!' 1 , REQUEST FOR ADMISSION Z: You conducted or caused to be 2 conducted no tests before 1920 on your products containing asbestos 3 .to determine whether asbestos or asbestos particles might be 4 harmful to human beings if inhaled. 3 I; j! RESPONSE: Admitted. 6 7 8 9 10 REQUEST FOR ADMISSION AA: You conducted or caused to be 11 conducted no tests before 1930 on your products containing asbestos 12 to determine whether asbestos or asbestos particles might be 13 ! harmful to human beings if inhaled. 14 RESPONSE: Admitted. 15 16 17 18 19 ! I|*: 20 >' REQUEST FOR ADMISSION BB: You conducted or caused to be !'conducted no tests before 1940 on your products containing asbestos __ ,;! to determine whether asbestos or asbestos particles night be !: 23 I harmful to human beings if inhaled. 24 j' _ 25 26 1 PLAINTIFF'S FIRST INTERROGS, ETC. - 85 051010308 RESPONSE 2 Admitted. 3 4 5 6 REQUEST FOR ADMISSION CC: You conducted or caused to be 7 conducted no tests before 1950 on your products containing asbestos 8 II! to dete mine whether asbestos or asbestos particles might be 9 : harmful to human beings if inhaled. 10 RESPONSE! 11 ;l Admitted. 12 : I! 13 ! 14 |> 15 REQUEST FOR ADMISSION DP: You conducted or caused to be 16 conducted no tests before 1960 on your products containing asbestos 17 to determine whether asbestos or asbestos particles might be 18 i! harmful to human beings if inhaled. 19 Ij ' !> RESPONSE: Adnittfid. 20 21 22 I! 23 24 ' i l 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 86 051010309 1 REQUEST FOR ADMISSION EE: You conducted or caused to be 2 conducted no tests before 1970 on your products containing asbestos 3 to determine whether asbestos or asbestos particles might be 4 harmful to human beings if inhaled. 9 RESPONSE i admitted. 6 7 8 9 10 4,16 State in detail when you first became aware of the 11 existence of articles on the subject of the relationship between 12 asbestos exposure and 13 14 (a) asbestosis; (b) lung cancer; 13 (c) mesothelioma; 16 17 (d) forms of cancer other than lung cancer. 18 ; ANSWER: s. K. Wellman is aware of such articles, but cannot identify when knowledge of such articles first came to the attention of its employees. 19 !. l` 20 1 -I i; 22 23 ' 4.17 For each disease mentioned in subparts a through d of 24 | the preceding interrogatory, state in what manner you gained 25 awareness of each. 26 : PLAINTIFF'S FIRST INTERROGS, ETC. - 87 85 ! 0 I 93 I 9 ! 1 ANSWER: General medical literature and government publications. Such articles 2 were available to the general public and obtained by S. K. Wellman in that manner or forwarded to us by various state and federal agencies. 3 4 S 6 7 4.18 Identify all documents which pertain in any way to 8 your answer to the preceding interrogatory. 9 ANSWER: See answer to 4.16 and 4.17 above. All such documents are available 10 to the general public, including state and federal regulations and publications. 11 12 13 14 19 REQUEST FOR PRODUCTION X; Pursuant to CR 34, attach or 16 produce according to the above instructions a copy of all documents 17 identified in response to the preceding interrogatory. 18 19 RESPONSE: See answer to 4.18 above. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 88 05 I 0 I 03 II 1 REQUEST FOR ADMISSION FF; You were aware as early as 1900 2 of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 (a) asbestosis; 9 (b) lung cancer; 6 (c) mesothelioma; 7| 1 (d) forms of cancer 8' RESPONSE: Denied. 9 10 11 12 REQUEST FOR ADMISSION GG: You were aware as early as 1910 13 14 'il between asbestos exposure and 15 16 1J 17 1 l1 18 ti11 l| 19 l 1 20 RESPONSE: (a) (b) (c) (d) Denied asbestosis; lung cancer; mesothelioma; forms of cancer 21 22 i 23 i 24 ii 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 89 I 051 0 I 03 I 2 i iii 1` REQUEST FOR ADMISSION HH: You were aware as early as 1920 2 of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 \ (a) asbestosis; 5 (b) lung cancer; 6 (c) mesothelioma; 7i (d) forms of cancer 8 i RESPONSE: Denied. 9 10 11 12 REQUEST FOR ADMISSION II: You were aware as early as 1930 13 of research, studies and/or articles indicating a causal connection 14 between asbestos exposure and 15 (a) asbestosis; 16 17 (b) lung cancer; 18 (c) mesothelioma; I. 19 I. (d) forms of cancer other than lung cancer. -0 f RESPONSE; ii 21 ;ii it 22 o^ed. _ 23 24 : 25 26 ; PLAINTIFF'S FIRST INTERROGS, ETC. - 90 l: 05 I 0 I 03 I 3 1 REQUEST FOR ADMISSION JJ: You were aware as early as 1940 2 of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 (a) asbestosis; 5 . (b) lung cancer; 6 (c) mesothelioma; 7 (d) forms of cancer other than lung cancer. 8 RESPONSE: 9 Denied. 10 11 12 REQUEST FOR ADMISSION KK; You were aware as early as 1950 13 of research, studies and/or articles indicating a causal connection 14 between asbestos exposure and 15 (a) asbestosis; 16 (b) lung cancer; 17 (c) mesothelioma; 18 (d) forms of cancer other than lung cancer. 19 RESPONSE: 20 Denied. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 91 0 5 1 0 I 0 3 1 ' 1 REQUEST FOR ADMISSION LL: You were aware as early as 1960 2 of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 (a) asbestosis; 5 (b) lung cancer; 6 (c) mesothelioma; 7 (d) forms of cancer other than lung cancer. 8 .'RESPONSE: Denied. 10 11 12 REQUEST FOR ADMISSION MM: You were aware as early as 1970 13 of research, studies and/or articles indicating a causal connection 14 between asbestos exposure and 15 (a) asbestosis; 16 17 (b) lung cancer; 18 (c) mesothelioma; t19 (d) forms of cancer other than lung cancer. f 20 : RESPONSE: Admitted as to (a) and (c). We are unclear as to what you are i: referencing in (b) and (d) and therefore deny the same. 21 !; r 22 ; 23 ! 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 92 05 I 0 I 03 I 5 i 1 REQUEST FOR ADMISSION NN: You were aware as early as 1975 2 of research, studies and/or articles indicating a causal connection Z between asbestos exposure and 4 (a) asbestosis; 5 (b) lung cancer; 6: 1! (c) mesothelioma; 7r ii.l (d) forms of cancer other than lung cancer. RESPONSE: Admitted as to (a) and (c). We are unclear as to what you are referencing in (b) and (d) and therefore deny the same. 10 11 12 4.19 Have you ever lobbied for or participated in the 13 lobbying for, or in the creation of, governmental/legislative 14 remedies for abestos-related lung diseases? 15 ANSWER: 16 No. 17 18 : 19 i20 2^ !; 4.20 If .your answer to the preceding interrogatory is in ii 22 ! the affirmative, state in detail: 23 i (a) The form such lobbying took; 24 : (b) All person(s) acting on behalf of defendant; 25 26 . PLAINTIFF'S FIRST INTERROGS, ETC. - 93 ! 05 I 01 03 I 5 1 2 3 ANSWER: 4 (c) The amount of monies spent on the above lobbying (d) The intended and actual results of such lobbying See 4.19 above. 9 6 7 8 9 4.21 Were you involved in any stage of the preparation of 10 the bill H.R. 2740 introduced by Millicent Fenwick, Republican-New 11 Jersey, in the House of Representatives? 12 ANSWER: No. 13 14 19 16 17 4.22 If your answer to the preceding interrogatory is in 18 the affirmative, identify: 19 (a) the manner in which defendant was involved; 20 (b) The person(s) so involved; 21 (c) The time spent in contribution to the creation 22 of the Fenwick bill; 23 (d) All documents generated by your involvement in the preparation of H.R. 2740. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 94 05 I 01 03 I 7 2 ANSWER: See 4.21 above. 3 4 5 6 7 8 REQUEST FOR PRODUCTION Y: Pursuant :o CR 34, attach or 9 ' iproduce according to the above instructions a copy of all documents 10 (identified in subpart (d) of your answer to the preceding 11 i interrogatory. 12 13 RESPONSE: 3^4.2!^. 14 >' 13 16 17 ! 4.23 Was defendant involved in any aspect or stage of ^preparation of the Senate bill, S. 2847, introduced by Senator 18 19 !Hart, Democrat-Colorado, to the Senate of the United States? i 20 ;l ANSWER: 21 1! 22 ;; ii 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 95 051010313 i i 1 4.24 If your answer to the preceding interrogatory is in 2 the affirmative, identify and describe in detail: 3 (a) The manner in which defendant was involved? 4 (b) The person(s) so involved; 5 (c) The time spent in contribution to the creationof the Hart bill. 7 ANSWER: ;!ii 8 'I 9 See 4.23 above. 10 11 12 13 4.25 With respect to liability insurance, identify each 14 (and every insurance policy actually, potentially or arguably 15 ji effective for each year after the founding of defendant. i 16 ^s.w_--: Frcm 1975 through the most recent period relevant to this action, 17 ; S. K. Vk liman's primary insurance coverage was with Fireman's Fund Insurance i Ccrpany with annual policy limits of $300,000.00 (1975) and $500,000.00 (1976 IS i' forward). Excess coverage has been, at various times, with Fireman's Fund |j Insurance Canpany and other carriers. 19 20 21 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 96 05 I 0 I 031 9 I V 1 4.26 For each insurance policy identified in your answer 2 :to the above interrogatory, state: 3 (a) The name of the insurance company; 4 i (b) The policy number of each; 3 Ii,: (c) The name and address of the agent who sold the 8 insurance policy; . 7 I; !: 8 9 10 11 12 13 14 .1 13 t 16 : l 17 18 1 i: 19 20 > i;il 22 i1 23 ; 24 25 (d) The dollar limits of coverage and scope of coverage for liability of each such insurance policy and the deductibles of each *uch insurance policy; (e) Effective date and expiration date of each such insurance policy; (f) The name insured; (g) The name, address and title of the employee of the insurance company and/or agent who has supervisory responsibility for plaintiff's claims in this litigation; (h) Dollar limits of coverage for any medical payment personal injury protecting benefits which are the same as available to the plaintiff and under what condition; (i) The name of the attorney defending this litigation who represents each such carrier, identifying each; (j) Subsequent to the issuance of each policy or policies identified in the preceding interrogatory, was the original policy amended, - changed or otherwise modified; (k) If so, for each modification, for each such policy, identify: 1. The substance of the modification; 2. The date it became effective. 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 97 051010320 1 ANSWER; j^oept as set forth in response to No. 4.25, irrelevant objection-- 2 burdensene. 3 4 3 6 7 8 9 10 4.27 Has a claim or suit involving policy limits, reserved 11 rights or disputed coverage been initiated against any of the 12 insurance companies identified in your answer to the preceding 13 interrogatory? 14 ANSWER: NIS 16 17 18 19 4.23 If your answer to the preceding interrogatory is in 20 the affirmative, state: 21 (al The insurance company(ies) against whom the claim or lawsuit has been initiated; 22 (b) The date upon which it was initiated; 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 98 05 IQ I 0321 I!:I 2 3' 4 5 6 ANSWER: 7 (c) The contentions therein; (d) The claim number, cause number, court, parties to the litigation, attorneys representing the parties in the litigation, and any other identifying information, including but not limited to the disposition of such litigation, claim or contention. See 4.27 above. 8I f! 9; 10 i 11 i 12 " . 13 i request FOR PRODUCTION Z: Pursuant to CR 34, attach or , produce according to the above instructions a copy of all documents 15 ljwhich pertain in any way to your answers to the preceding insurance 16 interrogatories. 17 RESPONSE: See 4.27 above. 18 19 20 21 4.29 Identify any other disputed matters with respect to 22 i1 any other insurance policies, including but not limited to: 23 24 ii 25 (a) The name of the insurance company; (b) The policy number; 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 99 051010322 l I 1 I 2 3 4 9 i: 8 li!t answer 7i 8: !! 9 I! 10 11 (c) The contentions of the respective parties; (d) The identity of the attorneys with relation to each contention; (e) The dates of each such content ion, when initiated, and if relevant, when resolved; (f) The substance of the resolution. Irrelevant objection--vague, overly broad and burdensare. 12 ` 13 14 15 i 16 1 i 17 . I 18 19 \ |li 20 '!I II 21 : ii 22 il' I 23 I n 24 : 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 100 051010323 Questions 4.30 to 4.37 have been omitted. PLAINTIFF'S FIRST INTERROGS, ETC. - 100A 051010324 1 ANSWER: 2 N/A 3 4 3 6 4.38 Do you have or have you had liability coverage other 7 than that previously identified, such as umbrella or excess 8 liability policies or secondary policies or self-insurance reserve 9 pools? 10 ANSWER: 11 See answer to interrogatory No. 4.25 above. 12 13 14 15 16 17 18 4.39 If your answer to the preceding interrogatory is in 19 the affirmative, state for each: 20 (a) The name of the insurance company; 21 (bj The policy number and other identification; 22 (c) The name, address, telephone number, job title, or capacity of the agent who sold the insurance; 23 (d) The dollar limits of coverage and scope of coverage for liability; 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 101 0 5! 01 0 3 2 c 1 (e) Effective date and expiration; 2 (f) Dollar limits of coverage and scope of coverage 3 for any medical or personal injury protection or benefits, and whether same is available to 4 plaintiffs and under what conditions; 5 (g) The name, address, and title of the employee who has supervisory responsibility for the 6 disposition of plaintiff's claims. 7 See answer to 4.25 above. 8 9 10 11 12 13 14 REQUEST FOR PRODUCTION AA; Pursuant to CR 34, attach or 15 produce, according to the above instructions, a copy of all 16 documents which pertain in any way to your answer to the foregoing 17 interrogatory. 18 RESPONSE: 19 N/A 20 21 22 4.40 Identify all trade publications that have been 23 subscribed to by your employers or agents, including all such 24 publications for which you have paid employee subscription. 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 102 1 ANSWER: Presently, Mencini believes the list of publications would 2 include those shown on Exhibits 4.40 and 4.41 attached. 3 4 S 6 7 4.41 Identify all manufacturers* and/or chemists' 8 association publications your company has subscribed to or received 9 from 1920 to the present. 10 ANSWER: Prior to 1971 none, and for any publications after 1981, J. E. 11 Mencini is attempting to collect this information and we will supplement this information as soon as it is received. For information available 12 to date, please refer to Exhibits 4.40 and 4.41 attached. . 13 14 13 16 17 4.42 Identify all medical journals or other such publications that your company has subscribed to or received from 18 19 1920 to the present.ANSWER: 20 See answer to 4.41 above. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 103 0n0td32 7 EXHIBITS 4 4.40 4.41 The following listing indicates typical publications which have been received by the company. This is not and does not purport to be, an exhaustive list. Finance: Wall Street Journal Dun's Review Forbes Manufacturing: Iron Age Industry Week Production Robotics Research and De velopment: Metal's Review Automotive Engineering Chilton's Automotive News Chemical Week Plastics Quality Assurance: Quality Engineering: Machine Design Design News Sales: Commercial Car Journal Brake and Front End Heavy Equipment Maintenance Warehouse Distributing Materials Handling General: Business Week National Defense Pub!ications from the following organizations are known to have been received at the S. K. Wellman Corp. at various times during the period in question. This is not, and does not purport to be, a complete listing: American Chemical Society Plastics Society Society of Automotive Engineers American .Society of Quality Control American Society for Metals National Defense Preparedness Association American Management Association Friction Material Standards Institute American Powder Metal Institute American Society for Testing Materials EXHIBITS 4.40 & 4.41 051019328 1 ANSWER i J. E. Mencini is currently attempting to collect this information 2 and we will supplement this information as soon as it is received. 3 4 5 6 7 4.41 Identify all manufacturers' and/or chemists' 8 association publications your company has subscribed to or received 9 from 1920 to the present. 10 ANSWER; . Prior to 1971 none, and for any publications after 1981, J. E. 11 Mencini is attempting to collect this information and we will supplement this information as soon as it is received. 12 13 14 15 16 17 4.42 Identify all medical journals or other such 18 publications that your company has subscribed to or received from 19 1920 to the present.ANSWER: 20 See answer to 4.41 above 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 103 05101032? 1 4.43 Identify all organizations connected with the 2 asbestos products industry which your company has belonged to, 3 participated in and/or financially supported from 1920 to the 4 present. 5 ANSWER Nor*, s. K. Wellman is a member of the Friction Materials Standards 6 <i institute and has been since approximately 1971 to the present. . 7 8 !| 10 : 'i 11 :I 12 4.44 Did your company or any of your employees, agents, personnel, directors, or officers ever belong to, participate in, 13 or financially support the Asbestos Textile Institute? 14 15 ANSWER: jgo. 16 17 18 19 23 21 4.45 If*the answer to the preceding interrogatory is in 22 the i: 23 : 24 |: i 25 affirmative, state: (a) The date(s) of such membership, or financial support; participation, 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 104 051 0 I 0 3 3 0 1 (b) The nature of your company's relationship with 2 the Asbestos Textile Institute; 3 (c) The nane(s), address(es), and nature of duties of the person(s) in your company with any 4 responsibilities regarding the Asbestos Textile Institute; 3 (d) In what committee(s) of the Asbestos Textile 6 Institute your company or persons in your company participate; 7 (e) Whether any documents pertaining to such 8 membership, participation, or financial support exist, and, if so, identify the custodian of 9 such documents. 10 : See 4.44 above. n 12 13 14 IS 16 17 IS 19 20 21 4.46 St*ate whether any safety precautions are or were 22 needed by workers handling any asbestos product. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS.. ETC. - 105 0510103?' 1 ANSWER: 2 Because of tte form of question we are at a loss as to how to answer, herefore unkrwn. 3 4 9 6 7 4.47 If safety precautions are or were needed, as to each e asbestos product, state the following: 9 (a) What safety precautions are or were needed; 10 (b) Why these precautions are or were needed; 11 (c) What safety precautions are or were recommended 12 to workers or others by you; 13 (d) State the date(s) such recommendations were made; 14 (e) State the manner in which such recommendations were made, whether oral or written; 15 (f) Identify the person(s) in your company making 16 such recommendations; 17 13 ANSWER: 19 (g) If in writing, identify the custodian or possessor of such recommendations. See answer to 4.46 above. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 106 05131-332 1 2 4.48 Identify all persons in your company who are 3 delegated to attend asbestos or asbestos product safety hearings or 4 meetings, or be familiar with asbestos or asbestos product safety. 3 ANSWER: J. E. Mencini and C. K. Yeager. 6 7 8 9 l 10 11 ; i 12 ij 4.49 Has any buyer or user of any asbestos product 13 ; manufactured or distributed by you ever been given instructions by 14 |iii | anyone to discontinue using such asbestos product? 13 ANSWER: 16 Unknown. 17 15 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 107 051010333 1 4.50 If the answer to the preceding interrogatory is in 2 the affirmative:- 3 (a) Identify the date of such instructions; 4 (b) Identify the buyer or user; 5 (c) State the reason(s) for such instructions being 6 given; 7 (d) Identify the person(s) g ving such instructions to the buyer or user; 8 H (e) If written, identify the custodian of such instructions. 10 ANSWER: 11 12 ' ;l 13 I 14 See 4.49 above. 15 16 4.51 Have you ever engaged in any joint venture or 17 cooperative arrangement with any company, ccrporation, or other 18 business entity concerning the manufacture or distribution of I: 19 .asbestos or any asbestos product, including, but not limited to, 20 any technical assistance arrangement, any research regarding 21 II li asbestos or asbestos products or any marketing arrangement? 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 108 I 1 V "J3 3 fc 1 2 ANSWER: NO. 3 4 9 6 7 4.52 If your answer to the preceding interrogatory is in 8 affirmative, state: 9 10 (a) The date(s) of any such joint venture or cooperative arrangement; 11 (b) With what business entity you engaged in any 12 such joint venture or cooperative arrangement; 13 (c) Describe in detail the nature of any such joint venture or cooperative arrangement; 14 (d) Whether any documents exist regarding any such 19 joint venture or cooperative arrangement. and. if so, state: 16 1. The date(s) of any such documents; 17 2. The custodian or possessor of any such 18 documents. 19 ANSWER: See 4.51 above. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 109 05 n j 3333 1 4.53 When did you first learn in any manner or from any 2 source that asbestos or asbestos products are hazardous or 3 dangerous to the health of persons? 4 ANSWER: 9 response to interrogatory Nos. 4.16 and 4.17. 6 7 8 9 4.54 From whom did you learn the information referred to 10 in the answer to the preceding interrogatory? 11 12 ANSWER: respcnse to interrogatory No. 4.17. ' 13 14 13 16 17 18 19 4.55 State what documents reflect the information given in 20 answer to the two preceding interrogatories, their date, and the 21 present custodian of said records. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 110 051010336 1 2 ANSWER: see response to interrogatory 4.18. 3 4 S 6 7 SECTION 5.0 8 5.01 Do you contend that any other party defendants in 9 10 this litigation caused or contributed to the damage or damages 11 sustained by plaintiff or plaintiff's decedent?ANSWER; Fran discovery and proof to date, it is clear that S. K. Wellman did not 12 contribute to plaintiff's damage or damages, if any. S. K. Wellman's further 13 contentions in this regard are set forth in the S. K. Wellman's Answer on file herein 14 15 16 17 5.02 If your answer to the preceding interrogatory is in 16 the affirmative; 19 (a> Identify each such party; 20 (b) State the manner and means of such contribution; 21 (cV Indicate the quantification thereof in percentage terms; 22 (d) Identify each document which supports such a 23 contention, including the custodian thereof; 24 (e) Identify each person(s) who has/have knowledge concerning such contribution by name, address, 25 phone number, and relationship to defendant. 26 PLAINTIFF'S FIRST INTERROGS., ETC. Ill 051010337 I 1 2 ANSWER: investigation continuing. Based on current status of medical discovery, it does not appear that plaintiff has any injury. Those medical records are in 3 the possession of plaintiff as well as defendants. 4 J 5 rH 7 || li 8 : REQUEST FOR PRODUCTION NO. AA: Pursuant to CR 34, attach 9 :| or produce, according to the above instructions, a copy of all 10 documents identified in your answer to the foregoing interrogatory. 11 RESPONSE: see response to No. 5.01 and 5.02 above. 12 13 14 'I 13 16 5.03 Do you contend that any person, business, or entity 17 'not a party to this litigation contributed to the damage or damages 18 i l: to plaintiff? 19 i: ANSWER: See answer to interrogatories 5.01 and 5.02 above. 20 II 21 22 !! li 231 24 |. 1 25 ' 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 112 1 05 ! G I UdJd 1 5.04 If your answer to the preceding interrogatory is in 2 the affirmative: 3 (a) Identify each such party; 4 (b) State the manner and means of such contribution; 5 (c) Indicate the quantification thereof in 6 percentage terms; 7 8 9 10 11 ANSWER: (d) Identify each document which supports such a contention, including the custodian thereof; (e) Identify each person(s) who has/have knowledge concerning such contribution by name, address, phone number, and relationship to defendant. See 5.01 and 5.02 above. 12 13 14 13 16 17 18 REQUEST FOR PRODUCTION NO. CC: Pursuant to CR 34, attach 19 or produce, according to the above instructions, a copy of all 20 documents identified in the preceding interrogatory. 21 RESPONSE: See 5.01 and 5.02 above. 22 22 24 5.05 Do you contend that the plaintiff contributed to his 25 own harm? 26 PLAINTIFF'S FIRST INTERROGS., ETC 113 I 0 5 ! 3 i 'J J J3 1 ANSWER: 2 yes, if any. 3 4 S 6 7 5.06 If your answer to the preceding interrogatory is in 8 the affirmative: 9 (a) Specifically indicate the nature of the conduct; 10 . (b) Identify each document which in any way bears 11 upon this issue; 12 (c) Identify any eye-witness or other person who has information of any kind concerning such 13 contention. 14 ANSWER: 15 see 5.QI 3^3 5.02 above. 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 114 0 5 I 0 I o 3 *n 5.07 Do you contend that plaintiff voluntarily and/or 9Z 1I1' [knowingly assumed the risk of an asbestos-related injury? ANSWER: yes, if any asbestos related injury does, in fact, exist. w ii 6 7 8 9 5.08 If your answer to the preceding interrogatory is in 10 the affirmative: 11 12 (a) Specifically indicate the nature of the conduct; 13 (b) Identify each document which in any way bears 14 upon this issue; 15 16 17 ANSWER: 18 (c) Identify any eye-witness or other person who has information of any kind concerning such contention. Investigation continuing. 19 20 !! 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 115 0510103* I 1 5.09 Do you contend that the plaintiff's asbestos-related 2 injuries were caused or contributed to, in whole or in part, by 3 improper and/or negligent actions of any of the respective 4 plaintiff's fellow servants? 5 ANSWER: Yes, if any such injury exists. 6 8 9 10 11 5.10 If your answer to the preceding interrogatory is in 12 the affirmative: 13 14 15 16 17 18 i; 19 ANSWER: 20 i'!i 21 (a) Specifically indicate the nature of the conduct? (b) Identify each document which in any way bears upon this issue; (c) Specifically identify any eye-witness or other person who has information of any kind concerning such contention. Investigation continuing. 22 || 23 j, 24 i: 25 26 : 11 PLAINTIFF'S FIRST INTERROGS., ETC. - 116 r 05 l (J I IN M 1 5.11 Do you contend that the plaintiff failed to use 2 reasonable precautions for his own safety or otherwise failed to 3 mitigate or minimize his damages? 4 ANSWER: Yes, if in fact plaintiff has any damage or injury. 6 mI lIi! 7 ,! 8 5.12 If your answer to the preceding interrogatory is in 9 !the affirmative: 10 . (a) Specifically indicate the nature of the conduct; 11 (b) Identify each document which in any way bears 12 upon this issue; i* 13 (c) Specifically identify any eye-witness or other person who has information of any kind 14 concerning such contention. 15 ANSWER: 16 Investigation is continuing. 17 18 19 20 21 ij 22 5.13 Do you contend that the plaintiff misused your 23 i I product? 24 : 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 117 0510103*3 2 ANSWER: g. k. Wellman contends and we believe that the evidence establishes . that plaintiff never used any asbestos-containing product of S. K. Wellman. 3 4 1 5.14 If 55 6 |thS affirmative: 7 ii1 8 ,! i 9 10 11 ANSWER: 12 (a) (b) upon this issue; (c) person who has information of any kind concerning such contention. See 5.13 above. 13 14 15 16 17 18 19 5.15 Do you contend that the plaintiff or any other person 20 materially altered your asbestos-containing products prior to their 21 use by the plaintiff? 22 ANSWER: 23 as ^ y other person", and as to plaintiff see 5.13 above. 24 I; I 25 26 | PLAINTIFF'S FIRST INTERROGS., ETC. - 118 l! JJ J I Ju T 11 2 the 3 4 f 9 li 5.16 If your answer to the preceding interrogatory is in affirmative: (a) Specifically indicate the nature of the conduct; (b) Identify each document which in any way bears upon this issue? 6 (c) Specifically identify any eye-witness or other person who has information of any kind concerning such contention. a ANSWER: See 5.15 .shove. 10 11 12 13 14 15 16 j 5.17 Do you contend that the damages sustained by the i 17 Iplaintiff was caused by third parties not named as parties in this 18 ;action? 19 ' ANSWER: 20 See response to 5.01 and 5.03 above. 21 22 | 23 ' 24 ; 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 119 0510103*5 1 5.18 If your answer to the preceding interrogatory is in 2 the affirmative: 3 (a) Specifically indicate the nature of the conduct; 4 (b) Identify each document which in any way bears 9 upon this issue; 6 (c) Specifically identify any eye-witness or other person who has information of any kind 7 concerning such contention. 8 See response to 5.01 and 5.03 above. 9 10 11 12 13 14 5.19 Do you contend that plaintiff or any named defendant 15 voluntarily and/or knowingly assumed the risk of an 16 asbestos-related injury? 17 ANSWER: ^ to plaintiff, see response to 5.07 above and unknown as to any 18 naned defendant. 19 20 5.20 If your answer to the preceding interrogatory is in 21 the affirmative: 22 (a) Identify who you contend voluntarily and/or 23 knowingly assumed the risk of an asbestos-related injury; 24 (b) Indicate the exact reason(s) why you believe he/they assumed such risk. 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 120 05101034b ANSWER: See response to 5.19 above. 2 3 4 5 6 7 5.21 Do you contend that this court lacks jurisdiction 8 over you on the grounds that there is an insufficiency of process 9 10 or an insufficiency of service of process? 11 ANSWER: NO. 12 13 14 15 5.22 If your answer to the preceding interrogatory is in 16 the affirmative, indicate the exact reason(s) why you believe that 17 process has been insufficient and/or why the service of process was 18 insufficient. i h 19 | ANSWER: gee response to 5.21 above. 20 'H |. 21 ' 22 ji * 23 * 24 25 26 , PLAINTIFF'S FIRST INTERROGS., ETC. - 121 0 5 l 0 I p" 1 5.23 Do you contend that the plaintiff failed to commence 2 the action herein within the time required by the applicable 3 statute of limitations? 4 ANSWER: Yes. 3 6 ii 7 j- 8 5.24 If your answer to the preceding interrogatory is in 9 10 the affirmative, state in detail each and every fact you rely on in 11 raising that defense, and state exactly which statute of 12 limitations you are relying upon for that defense and the date of 13 commencement of the statute of limitations. 14 ANSW--ER-'* See Motion for Judgment of Dismissal, Supplemental Memorandum of Authorities and affidavits filed by S. K. Wellman in this litigation, oopies of 13 which have been previously provided to this counsel. 16 17 IS 19 i' 20 ", 21 5.25 Do" you contend that the plaintiff's claim against you 22 is barred by any doctrine of laches and/or waiver and/or estoppel? 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 122 0 5 10 1'' -8 1 ANSWER: 2 . see documents referred to in interrogatory 5.24 above. 3 4 5 5.26 If your answer to the preceding interrogatory is in 6 the affirmative, for each such plaintiff specify the facts, 7 l| 'circumstances, documents, or other evidence upon which you rely for J [.that defense. 9, ANSWER: See response to No. 5.24. 10 i; 11 i; 12 '! 13 r 5.27 Do you contend that the claim of plaintiff has been 14 barred by state and/or federal industrial insurance and/or worker's 15 'compensation laws? 16 17 ANSWER: ^ 18 19 20 21 j '5.28 If-your answer to the preceding interrogatory is in 22 Jthe affirmative, specify the applicable state and/or federal l| 23 L industrial insurance law and/or worker's compensation law upon 24 , which you rely, and specify the facts, circumstances, documents, or 25 other evidence upon which you rely for this defense. 26 'PLAINTIFF'S FIRST INTERROGS., ETC. - 123 05 I 0 I "3 1 i" ANSWER; ^ 5 27 above. 5i I 6; 7i 3 9' ,1 'i 5.29 Do you contend that your sales and distribution of 10 . products containing asbestos was consistent with the 11 !1 jstate-of-the-art, industry practice or custom, general scientific 12 13 'and/or medical knowledge and standards existing at any particular 1 14 !time pertinent to this lawsuit? 15 ANSWER; yes. Objection as vague and overly broad. 16 17 18 19 20 5.30 If your answer to the preceding interrogatory is in 21 the affirmative,*state; 22 (a) The facts and circumstances upon which you rely; 23 (b) Identify each document which in any way bears upon this issue; 24 25 26 " PLAINTIFF'S FIRST INTERROGS., ETC. - 124 I 0 5 I |J ' `J J J i- 1 (c) Specifically identify any eye-witness who has i; information of any kind concerning such a 2 j; contention. r 3 ANSWER: witnesses and exhibits intended to be used at trial will be produced "when developed consistent with pretrial orders of the court. These are not currently available. 5 i. | 6I i 7j 8 |': 9 !| 10 '! i ^ barred 5.31 Do you contend that the claim of the plaintiff by improper venue and/or lack of jurisdiction? is 12 ANSWER: No. 13 14 13 16 5.32 If your answer to the preceding interrogatory is in 17 the affirmative, indicate the reason(s) why you assert there is 18 i.mproper venue and/or lack of jurisdiction. 19 l! ANSWER: 20 see 5.31 above. 21 22 i 23 ! 24 : 1 25 26 j; PLAINTIFF'S FIRST INTERROGS., ETC. - 125 0510103' 1 2 5.33 List any person with knowledge of facts material to this case, including any persons you presently consider may be called as witnesses at trial, including their names, addresses, 'occupations, and telephone numbers. 6 7 ANSWER: Exhibits and witnesses intended to be used at trial will be produced j| when develcoed consistent with pretrial orders of the court. These are not 8 ;j currently available. !i 9; i. 10 '' 11 12 5.34 List the names, addresses, occupations, professional U 'qualifications, and telephone numbers of all expert witnesses whom ,i you will call at trial of this case, and as to each further state: 15 16 17 18 ;! 19 i; i! 20 1 ll 21 (a) The subject matter upon which each such witness is expected to testify; (b) The substance of the facts and opinions to which the expert is expected to testify; (c) A summary of the grounds for each such opinion. 22 :j 23 ; 24 I 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 126 Q 5 ! 0 i jJ -> i' i. 1 , ANSWER: 2 gee response to 5.33 above. 3 4 5 6 7 e 9 10 11 12 5.35 Identify each document reviewed and/or generated by 13 each expert identified in your answer to the preceding 14 interrogatory in connection with this specific litigation, and 13 iidentify the documents which each expert has reviewed with respect 16 17 to this case. 18 i ANSWER: i: 19 li ! see response to 5.33 above. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 127 0 5 I 0 I 0"` .< 5.36 Identify each document reviewed and/or generated by 2 ' each expert identified in your answer to Interrogatory No. 5.34 3 above in connection with any asbestos claim or lawsuit. 4 ANSWER; see response to interrogatory 5.33 above. 7 i; 9 ! REQUEST FOR PRODUCTION NO. DD; Pursuant to CR 34, attach 10 ;! "" !or produce, according to the above instructions, all documents 11 ' i identified in your response to the preceding interrogatory. 12 ! .1 RESPONSE: IS ---------------- * See response to interrogatory 5.33 above. 14 15 5.37 With respect to each such expert identified above: 16 17 (a) Indicate the total number of claims or lawsuits for which said expert has been retained; 18 (b) Identify the person(s) responsible for the 19 decision to retain; 20 (c) Identify the trial court, worker's compensation cause number, or other information which 21 * identifies where any sworn testimony (including affidavits, depositions, or other testimony) was 22 given; 23 (d) State in detail the nature of such testimony. 24 25 26 'PLAINTIFF'S FIRST INTERROGS., ETC. - 128 1 ANSWER; ^ experts are identified consistent with existing court order, this 2 information will be provided as to each expert. 3 4 5 6 5.38 Have you, your attorneys or agents, any written, 7 otherwise recorded, or oral statements from any witnesses or persons who have or claim to have any knowledge of facts relevant 8 to or arising out of this lawsuit? If so, for each such statement: (a) Identify each person, with name and address, 9 making the statement; 10 (b) Identify each statement; 11 (c) Identify each person, with name and address, at whose request such statement was made; 12 (d) Identify each person, with name and address, who 13 prepared such statement; 14 (e) Identify each person, with name and address, now in possession of each statement. 13 ANSWER: except for depositions. Defendant S. K. Wellman has copies of 16 depositions and other discovery documentation, all of which are equally available 17 to plaintiff's counsel. Any other documentation written or oral contemplated by this interrogatory will be provided consistent with existing pretrial court orders. 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 129 1 5.39 Have you conducted or caused to be conducted any 2 surveillance or investigation of any of the facats pertaining to 3 this lawsuit? 4 ANSWER* S. K. Wellman is investigating facts. S. K. Wellman has not been 5 involved in any surveillance of plaintiff. If the question is asking sorething other than that, S. K. Wei Irian will object to it as vague and ambiguous. 6 7 5.40 If your answer to the foregoing interrogatory is in 8 the affirmative, state: 9 (a) Who was investigated or surveilled; 10 (b) Who conducted such surveillance; 11 (c) The form of the reporting of such investigation 12 or surveillance; 13 14 15 16 17 ANSWER: (d) Identify all tapes, reports, photos, statements, and the like so generated; (e) Identify the name and address of the custodian of the tapes, reports, photos, statements, etc., referred to in your answer to subpart (d) hereof. response ^ 5,39. IS 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 130 05 I r C 56 1 2 REQUEST FOR PRODUCTION NO. EE; Pursuant to CR 34, attach 3 r produce, according to the above instructions, all tapes, 4 eports, photos, statements, or other documents and the like 5 dentified or related to Interrogatories No.'s 5.01 through the 6 receding interrogatory herein. 7 r\-u o ruw o c- 8 See response to interrogatory 5.33. 9 10 REQUEST FOR PRODUCTION NO. FF: You are hereby requested, 11 pursuant to CR 34, to produce for inspection and copying any and 12 all sales records pertaining to the sale, delivery, or use of your 13 asbestos-containing products at the facilities identified in answer 14 to Interrogatories No. 1.20 and 1.24 herein. 15 16 RESPONSE: <x^ere are no such sales or documents as to interrogatory 1.24. to No. 1.20 see ansver to interrogatory 1.20 above. 17 As 18 19 5.41 State whether or not you have ever made any 20 asbestos-containing canisters or filters for use in respirators or 21 masks. If you have made such filters, state: 22 (a) The brand name and type of filter; 23 (b) The years of production; 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 131 0 5 I 0 I 0 3 r'C 1' (c) The location of any documents or materials pertaining to the production, distribution, or advertising information concerning said filters, respirators and/or masks. 4 ANSWER: I! 5 :: 6 'i 7 NO. 8 I 9' 10 ' i 11 ' i 12 : i 13 : I 14 | 15 16 17 18 19 i. i 20 ' 21 22 i! 23 ! 24 ! 25 2S i' PLAINT IFF ' S FIRST INTERROGS., ETC. - 132 iIfi 0510103 ' 1 REQUEST FOR PRODUCTION NO. GG: Pursuant to CR 34, produce 2 such study or report for inspection and copying in the office of 3 the plaintiff's counsel pursuant to the instructions in these 4 interrogatories. 5 RESPONSE: See ansv^r to interrogatory 5.41 above. 6 7 8 INTERROGATORIES SUBMITTED this ^ day 9 is. .. >>. ______ 73f 10 /.V< r 11 1984. DODD, CONEY & BISHOP, P.S. 12 fdt* ^ 13 Mary Ellen Keegan Attorneys for Plaintiff 14 ANSWERS SUBMITTED this day of , 1984, 15 By. 16 Attorneys for Defendant(s) 17 18 19 20 21 22 23 24 2S 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 133 0510103' STATE OF OHIO ) ) COUNTY OF CUYAHOGA) ss. J. E. Mencini, after being sworn, on oath deposes and savs: I am the Vice President-Administration for the defendant The S. K. Wellman Corp. in the above-entitled actio. ,- that I have read the foregoing Answers tc Interrogatcries. Requests for Admission, and Requests for Production, know the contents thereof, and believe the same Vtr.'jfJlCA TCTH. Notary PuS'.'C Slate o` ONo. CuyaMji County My Commission Eip:rn June 25, 19W 051010 ii 11 jSTATE OF 2 ' COUNTY OF 3 ) ) ss. ) 4 after being sworn, on oath deposes and says: i: 5 l; I am the for the [[defendant _____ 6 jin the above-entitled action; that I have read the foregoing IjAnswers to Interrogatories, Requests for Admission, and Requests 7 Ifor Production, know the contents thereof, and believe the same to jbe true. 8i 10 SUBSCRIBED and SWORN to before me this _____ day ! i . ___________ , 1984. 11 :i i 12 I NOTARY PUBLIC in and for the State i of Washington, residing 13 1 at ____ _______________ 14 i! 0215P 15 16 t I 17 | 18 19 20 21 22 23 24 25 . h 26 " I1 PLAINTIFF ' S FIRST INTERROGS ETC. 134 0510103 .>r -'.** ''. . k _< '/! > & .*rv4 *. ' r ** iJL'.'-TT.-r ft VC jJTTVrSt*. B t Jr.~- X'" \ :r ]' : it *'N \ ROADWAY EXPRESS, INC. Contain: -.^osto* Fibers >. . j .. Avoid Gua.i.-g Dust , *'4 . Breathing Asbestos Oust May Cause ' Serious Bodily Harm Do NOT brea/ho dust ' * __ Do NOT use air hose tor cleaning Do NOT machine without dust collection equipment DO use vacuum or wot cleaning methods DO dispose of dust in sealed container DO wear mask if unable to avoid dust r-T <*> For further information contact: k The $. K. Wellman Corp. ___________ Bedford. Ohio 44146 I f,; f t.., '-* v: * ,t * r iV.' & CAUTION - ASBESTOS DUST HAZARD-1 M* CONTAINS ASBESTOS FIBERS - AVOID CREATING DUST * IREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM fr7 Tm*"PO*RTAMMTV ' 41 N__O_T__ breathe dust DO_ use vacuum or wot cleaning methods NOT use ais hose for cleaning DO_ dispose of dust in sealed container NOT machino without dust f collection equipment Information contact: DO wear mask if unable to avoid dust . S. K. Wellman Cor?., Bedford. 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Over aeven years of extra heavy use of Velvetouch Feramic . . . the one and only all metal brake blocks . . . nationwide clamor for Velvetouch Metalik lining on passenger can ... these have helped to produce this bond-on lining for the medium and light truck field. If you've never used all-metal brake blocks, you owe it to your drivers, your opera ting budget and yourself to try Velvetouch Metslik today. Check these advantages of Velvetouch Metalik to find what you've been looking for in brakes: * NO HEAT FADE * NO WATER FADE * NO DOWN HILL FADE * NO SPEED FADE +C LONGER LIFE SMOOTH.. QUIET * LOWER COST PER MILE * M m v, V*'* '\. * vl|f!SS^"" JM& ^iifiiiDch MetaiTkY No NmI hdt No Waltr Fade N i High Speed Fodo gives you modern braking power. No Sguookt r Squeal* longer Broke lift nV Fwcr Adjuttmtnft UI4 Stop In today ... put madam, supar cafo braket on vour car ... make turo vou can laa J5 I 0 I o365 \7Sf'------------ -------- (^jlPieiATWM? r>...' v noA ||a;A+7'4>1' sn jen3 ^ ~TCtM in' irn 11 [-, nca.-azs.g-a t'J c=^- (C - [nk'^Y^'iW^ V* C^O ' -i ' * . j y* [l u < ( i > r * il^iefaiikC, l 1 [\m` H J p Lsj C.*^ L> *i it } ^3 J w Li r:y 'vag.'j;-^r~y - ^ /v Powdered Metal Brake Lining is the greatest brake lining safety development of the last 20 years... ? 051010366 GOOD BRAKES no ACCIDENT! 051010367 (Wvetmh MetolTlT) brakes better...stops quicker...lasts longer! Powdered Metal Makes The Difference! \ Whether yours is a multi-hundred h.p. speedster, an economy passen ger car ... or small or medium truck. you'll lx* safer with Vclvetouch Metalik brake linings. Velvetouch Metalik is a new lin ing made wholly of powdered metal, precision bonded to reconditioned brake shoes One of the outstanding automotive develop ments of the last decade, this new All-Metal lining provides maximum braking safety, regardless of speed or driving conditions. No motor fadol Powdered metal does not absorb moist ure. Even when completeU under water, BRAKES WORK. Stop aaolarl Smooth pow dered metal surface, unaffected (jwl by heat and water, free of 7 glazed or hard spots, assures -- constantly uniform braking No hoot fodo . . . No high opood fadol Fast driving, constant downhill braking, frequent traffic stops ... all generate heat which causes ordinary linings to lose part or all of their holding ability. Unlike asbestos, which insulates and holds heat in drums, powdered metal rapidly conducts heat away from the surface braking area . . . keeps brakes working properly without fade. C ygfyg/ggc^ Metal?lT> ...first choice for safety I Stop qulckart High initial coefficient of friction in pow dered metal makes brakes work immediately... faster. .. and safer. Loot longmrl Because they run cooler. Velvetouch Metalik linings have longer working life than other brakes. They require no "coddling" . . . need fewer adjustments. ... on a per-mlle basis the world's best brake Investment! THERE'S MORE installation instructions FOR ( Mitmh MetalTlp Powdered Metal Irak* Lining Hi higher the quality that U built Into brake lining, the higher decree of atlaatina aiuet be given to the brake components. This lining requires ALL components to be m first class condition. ONLY m this way will you get the maximum performance that has been built Into Velvetouch Metalik Powdered Metal Linings. Lined shoes will be identified as primary, secondary, forward or reverse. These brake shoes have been carefully reconditioned and lined with Velvetooeh Metalik linings The linings have been accurately pre-ground by an authorized bonder. \ Xu It is NOT recommended fhaf these linings be rc-ground If regnnditig is done, however, if is necessary thaf clearances shown in the diagrams be observed. BREAK IN PROCEDURE Velvetouch Metalik brake lining requires seating to the drum for maximum proper braking performance This procedure should be followed to assure seating: 1. Make several slow stops to check out the brake system overall. 2 Observing road safely, make a minimum of ten (10) consecutive hard maps from 40 to 50 MPH. Avoid sliding the wheels. 3. Allow the brakes to cool and then readjust if necessary (normally not re quired). 4. Lining has not seated If the above procedure does not give good braking actxm. CAUTION. Do not drag or overheat. NOTE: Brakes will continue to improve as seating becomes complete through wage. HYDRAULIC FLUID CONTAMINATION Contaminated hydraulic fluid la a major cause of swollen cups, scored cylinders and leakage. (Use only S.A.E. approved heavy duty high temperature fluid ) Equal hy draulic pressure means equal brake effort. Flush system with alcohol If these con ditions exist. HYDRAULIC LINES Visually Inspect lines, fittings and hoses for "dsmpness" This may indicate high pressure leakage. Weak hoses cause "spongy" pedal. MASTER CYLINDER Hard or sinking pedal points to swollen cups, internal leakage or plugged vents WHEEL CYLINDERS Scoring, cup swelling and sludging as a result of fluid contamination can cause "lag time" between cylinders, leading to grab or pull at one or more wheels. POWER UNITS Pedal loss, hard pedal or lack of assist are trouble signs. Consult manual or. your unit. Check valves should be above carburetor intake on most units to avoid gasoline feed back. Examine all hoses for vacuum leaks. BACK PLATES Inspect for bent plates and anchor pins, worn shoe pads, frozen adjustors or anchor blocks BRAKE DRUMS True up surfaces to within specified limits Excessive oversize weakens drums Brake drums should be of equal size across axles Do not install Velvetouch Meialik on passenger car drums that are more than .060 1 oversize or truck drums more than .090" oversize. PEDAL LINKAGE Check linkage with master cylinder disconnected for binding, wear or interference BRAKE SHOES Velvetouch Meialik lining on these shoes have been accurately pre-ground by an au thorized bonder. It la not necessary or desirable to regnnd. Specified heel and toe clearance must be observed for maximum efficiency. Observe identification and location of primary and secondary-, or forward and reverse shoes, as indicated in the diagrams. BRAKE SPRINGS Tension is destroyed by heat or flexing. To balance shoe return action, replace shoe return spnngs and hold-down spnngs. WHEEL BEARINGS Remove, clean and inspect. Re-lubricate with proper grease Adjust to specificat.cns REAR AXLES Bent rear axles or worn axle bearings are frequent causes of high lining wear and erratic braking Repair or replace defective parts GREASE SEALS Worn or damaged seals can cause dangerous brakes Velvetouch Metalik lining is not ruined as with asbestos Heavy concentrations of oil or grease leads to erratic brak.ng New' seals are simply good insurance. FRONT END ALIGNMENT (CHASSIS L SUSPENSION) Weak or broken spnngs. ahocks and torsion bars unbalance the braking effort Sus pension and front end alignment should be checked for a balanced, safe stop. U uled and 't&lpjtcUd by Ui&U equipment mamu^aciuAtAl: v r-dtfZ'" inghousc Air Brake Co. Reo **Q to WHITE r INTERNATIONAL HARVESTER VARRAHTY "The manufacturer of this Vefvelouc/i Uttalik brake lining ro-ranii ill porfuefj ifnnil delects in material and work- tranship. It cannot, however, ba held responsible lor mta- application or faulty installation. Hence, the manulacturer's liability if haitad to the replacement value oI the defective brake lining and ahoe assembly. Any alleted detective mat erial ia to be relumed, prepaid, to the manulacnrer'e neatest branch office lot ultimate a semination by the manulactarer'a Inspection, Research and Development Departments." INSTALLATION INSTRUCTIONS FOR Cl/elyefmh Metai*tT) Powdered Metal Brake lining Xh higher the quality that Is built Into brake lining. the higher degree of atteaticB muat be given to the brake component* This lining requires ALL components to be tn firat class condition. ONLY ui this way mill you (el the maximum performance that has been built Into Velvetoueh Metaiik Powdered Metal Limn(s. Lined shoes will be identified as primary, secondary, forward or reverse. ` These brake shoes have been carefully reconditioned and lined with VelvcLooeh Metaiik Umn(s The linm(S have been accurately pre-(round by an authorized bander. \ It u NOT recommended that Ihcse humps be re-ground // rcgnnding u done, Kcnerrrr, it t* necessary that clearances sbouni tu (he dtagran.s be observed BREAK LN PROCEDURE Velvetoueh Meteiik brake lining requires seating to the drum for maximum proper braking performance. This procedure should be followed to assure seating 1 Make several slow stops to check out the brake system oversll 2 Observing road safety, make a minimum of ten 110) consecutive hard stops from 40 to 50' MPH Avoid sliding the wheels 3. Allow the brakes to cool and then readjust tf necessary (normally not re quired ). 4. Lining has not seated if the above procedure does not give good braking actsec. CAUTION Do not drag or overheat Brakes will continue to improve as seating becomes complete through usage HYDRAULIC FLUID CONTAMINATION Contammsted hydraulic fluid la major cause of swollen cups, scored cylinders and leakage- (Use only S.A.E. approved heavy duty high temperature fluid ) Equal hy draulic pressure means equal brake effort. Flush system with alcohol if these con ditions exist. ' HYDRAULIC LINES Visually inspect lines, fittings and hoses for "dampness ." This may indicate high pressure leakage. Weak hoses cause "spongy" pedal. MASTER CYLINDER Hard or sinking pedal points to swollen cups, internal leakage or plugged vents. WHEEL CYLINDERS Scoring, cup swelling and sludging as a result of fluid contamination can cause "lag time" between cylinders, leading to grab or pull at one or more wheels. POWER UNITS Pedal loss, hard pedal or lack of assist are trouble signs. Consult manual or. your unit. Check valves should be above carburetor intake on most units to avoid gasoline feed back. Examine all hoses for vacuum leaks. BACK PLATES Inspect for bent plates and anchor pins, worn shoe pads, frozen adjustors or anchor blocks. BRAKE DRUMS True up surfaces to within specified limits Excessive oversize weakens drums Brake drums should be of equal size across axles Do not install Velvelouch Metalik on passenger car drums that are more than .060" oversize or truck drums more than .090" oversize. PEDAL LINKAGE Check linkage with master cylinder disconnected for binding, wear or interference. BRAKE SHOES Velvetouch Metalik lining on these shoes have been accurately pre-ground by an au thorized bonder. It is not necessary or desirable to regnnd. Specified heel and toe clearance must be observed for maximum efficiency. Observe identification and location of primary and secondary, or forward and reverse shoes, as indicated In the diagrams. BRAKE SPRINGS Tension is destroyed by heat or flexing. To balance shoe return action, replace shoe return spnngs and hold-down spnngs. WHE^L BEARINGS Remove, clean and inspect. Re-lubncate with proper grease. Adjust to specifications REAR AXLES Bent rear axles or worn axle bearings are frequent causes of high lining wear and erratic braking . Repair or replace defective parts. GREASE SEALS Worn or damaged seals can cause dangerous brakes. Velvetouch Metalik lining is not ruined as with asbestos. Heavy concentrations of oil or grease leads to erratic braking. New seals are simply good insurance. FRONT END ALIGNMENT (CHASSIS L SUSPENSION) Weak or broken apnngs, shocks and torsion bars unbalance the braking effort Sus pension and front end alignment should be checked for a balanced, safe stop. W A t * AM T T "The aanulacturer ol this ValveloucA lletalik brake lining wa'ranti its podvct* against delects in malarial and work manship. It cannot, however. k* hald responsible lor mis application or laulty installation. Henca, the mantilacturer's liability is limited to the replacement value at the detective brake lining and ahoe assembly. Any alleged detective mat erial ie to be relumed, prepaid, to the manulactarer'e nearest branch ollice lot ultimate esamiaation by the maaulacturer'a Inspection, Keeearch and Development Departments." 05 101031b CAUTION ASBESTOS DUST HAZARD DO NOT BREATHE DUST DO NOT HOSE OFF WITH COMPRESSED AIR DO NQI MACHINE UNLESS DUST COLLECTION EQUIPMENT IS CONTROLLING DUST Respirators must be worn to avoid exposure to dust. Dispose of dust in a sealed container marked with appropriate warning for Asbestos. TOE &K.WE2JMMS )(KP. ENGINEERED FRICTION MATERIALS A-713 CAUTION ASBESTOS DUST HAZARD DO NOT BREATHE DUST DO NOT HOSE OFF WITH COMPRESSED AIR JX> NOT MACHINE UNLESS DUST COLLECTION EQUIPMENT IS CONTROLLING DUST Respirators must be worn to avoid exposure to dust. Dispose of dust in a sealed container marked with appropriate warning for Asbestos. ENGINEERED FRICTION MATERIALS A-713 6 C A U T IO N - ASBESTO S OUST H A Z A R D CB m39 >H X n o2 2a > > C2/1 !0A9 > mMH o (A VamI VHI oO 3 sc VHI VI n > -< m3 VI o c> VI | > < mO VmI 5 an co C/I a ma >- O2 oo r *< o c X > VHI a 3 a. 0 5101o j 7 9 V t vmii paifjomny two < u*4>3 ooe Auvduioo uvui||M 'X 'S *MX luauidirtba (auisnput pu* (tpjaiuuioo `uoti oiuvnioa jo sadXt ||a - ijwjdjiw ntttJt sjovwj) siprui jcnoui guipaa] uo paan - slutut| a^ajq put iiupwj *a??a{d ipinp |r)auj-j[a jo jaonpojd isa*J3] appo.w aqi jgt *>uta `.CuaduiOQ ubuiipm x S aqX <q pajnuajnuaui a/a *aqj, 000'000`E* mao to} paiaai pwai a/a tfuiut] ttqriaw tpn<n 4a(*A ><(qnd aq> oi pa/ajjo a/a. Xaqi ajojag S.K. Wellman Company S.K. Wellman Corporation Wellman Division of American Brake & Shoe Company After reading all* the information we received, it could very well be that Abex (or predecessors) never manufactured any Velvetouch product that contained asbestos. It may be that the Velvetouch product they used was sold thru the Wellman Division of Abex. "velvetouch" may have been a trademark of Wellman and it could only be marketed thru something called the "Wellman Division". All the while, S.K. Wellman Company could have been operating on its own manufacturing and selling these other asbestos-containing products. I am trying to find out if, in fact, there was an S.K. Wellman Company operating on its own. I do know (from interrogatories) that in 1971 the S.K. Wellman Corporation was formed to buy the assets of the Wellman Division of Abex. It could be that the S.K. Wellman Company in 1971 purchased the Wellman Division and then changed its name from "Company" to "Corporation". Steve Cvitkovich worked as a salesman for the Wellman Division of Abex selling Velvetouch Metalik (non-asbestos) brake linings. What makes me believe there was an S.K. Wellman Co., too, that I have a copy of an invoice (attached to Horn interrogatories) with their name and that they are manufacturers of VELVETOUCH all-metal friction products. is dated 12/2/64. is This From the looks of all of the attachments to the Horn discovery, you should be able to find all of this out from Cvitkovich. It could be that because of state laws, S.K. Wellman might have been incorporated in some states as an independent entity and in Ohio as a "division" of Abex.