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/ V 1 LAWRENCE A. MARGOLES (State Bar #49618) DRYDEN, MARGOLES, SCHIMANECK, 2 KELLY 6 WAIT _ One California Street, Suite 2600 3 San Francisco, California 94111 Telephone: (415) 362-6715 4 Attorneys for Defendant 5 FORD MOTOR COMPANY ( COPY * 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 ) ) 12 IN RE: COMPLEX ASBESTOS LITIGATION ) ) 13 ) ) 14 ) NO. 628684 RESPONSES OF FORD MOTOR COMPANY TO GENERAL ORDER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 15 PROPOUNDING PARTIES: 16 RESPONDING PARTY: 17 SET NUMBER: 18 PLAINTIFFS FORD MOTOR COMPANY GENERAL ORDER NUMBER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 19 PRELIMINARY STATEMENT 20 Ford's Response to Plaintiffs' Interrogatories has been prepared 21 in full compliance with the California Civil Practice Law and Rules 22 ("California Court Rules"), pursuant to a reasonable and duly diligent 23 search for information properly requested. For many years Ford has 241 had at any time hundreds of thousands of employees In different 25 locations throughout the world. In conducting its business Ford has 26 created every year millions of documents that have been kept in I \ DRYDEN, MMICOW SCHIMANECK. KELLY* WAIT mmcunwatmMnen 'PRAMCDCQ. KKMAMtU SCF-FORD-3699 i 105422 I I ( numerous different locations and have been moved frequently from site 2 8 to site as employees have changed jobs. Accordingly, Ford does not, 3 and could not possibly, represent that its responses constitute all 4 of the information requested. Rather, as required by the California 5 Court Rules, Ford's responses reflect all responsive information 6 identified by Ford before the date of the responses pursuant to a 7 reasonable and duly diligent search and investigation conducted in 8 connection with these requests. To the extent that the requests 9 purport to require more. Ford objects on the grounds that (a) the 10 requests seek to compel Ford to conduct a search beyond the scope of 11 permissible discovery contemplated by the California Court Rules and 12 8 (b) compliance with the requests would impose an undue burden and 13 I expense. * 14 Furthermore, in compliance with the California Court Rules, Ford 15 responds to Plaintiffs' Interrogatories only with respect to 16 information and/or documents in Ford's possession, custody, or 17 control. Some or all of Plaintiffs' Interrogatories purport to call 18 for information or documents not in the possession, custody or control 19 of Ford but in the possession, custody, or control of other, separate 20 legal entities. To the extent that Plaintiffs'- Interrogatories 21 attempt to require Ford to obtain information and/or documents not in 22 Ford's possession, custody, or control. Ford objects on the grounds 23 that they (a) seek to compel Ford to conduct a search beyond the scope 24 of permissible discovery contemplated by the California Court Rules 25 and (b) impose an undue burden and expense on Ford. 26 Ford does not concede that any of its responses will be WtYDEX, MAJtCOLZS, SCBXMANECK. KELLY A WATT MinUMCDOCL raiiwwNtA*fii -9- * * (( 1 admissible evidence at trial. Further, Ford does not waive any 2 objections, whether or not stated herein, to use such answers at 3 trial. 4 Nhen Ford uses any terms or phrases that Plaintiffs have 5 purported to define, such terms and phrases should be given either (a) 6 the meanings set out by Ford herein or in the individual responses or 7 (b) in cases of ordinary words that Plaintiffs have attempted to define in a manner inconsistent with their meanings, the ordinary meaning of such words. . Additionally, Ford in its own ongoing searches for information which may be relevant to asbestos litigation has accumulated approximately 20,000 pages of non-privileged documents. To the extent that Plaintiffs* Interrogatories may seek information that may be contained in these documents. Ford will make them available for inspection and copying at Plaintiffs* expense at its offices in Dearborn, Michigan, at a mutually agreeable time during regular business hours. Ford objects to sorting through these documents and copying and mailing them to Plaintiffs in answer to these requests, since to do so would require the expenditure of thousands of dollars, hundreds of hours of human effort, and would in all likelihood take several weeks, if not months, to complete. 22 INTERROGATORIES 23 INTERROGATORY HQ. 1 24 IDENTIFY the individual verifying these answers on YOUR 25 behalf. 26 /// dbydck, MARCOtJS. SCBIMANECK. KELLY * WATT nsauwQiinai tumvm lAMfMNCBCa ntiwgiA wilt -3- (( RESPONSE: Without waiving the objections stated below. Ford states that these are the answers of Defendant Ford Motor Company and are signed on behalf of Ford by the authorized agent identified on the attached 51 verification. They were prepared under the direction and supervision 6 of Ford's attorneys, including outside counsel. 7, To the extent this interrogatory seeks an additional or different .8 response. Ford -objects on the grounds that it seeks information 9 protected by the attorney-client privilege or attorney-work product 10 doctrine, and on the additional grounds that the interrogatory (a) is 11 overly broad, and (b) seeks information that is neither relevant to 12 the -subject matter of-this--action-nor -reasonably calculated to lead 13 to the discovery of admissible evidence. 14 INTERROGATORY NO. 2 15 State the date of first employment with YOU and the dates and 16 titles of each job position the person who verified these 171 interrogatories has held while employed by YOU. 18 I RESPONSE: 19 Without waiving the objections stated below, Ford states that 20 these are the answers of Defendant Ford Motor Company and are signed 21 on behalf of Ford by the authorized agent identified on the attached 221 verification. They were prepared under the direction and supervision 23 8 of Ford's attorneys, including outside counsel. ' 241 To the extent..this interrogatory seeks an additional or different 251 response. Ford objects on the grounds that it seeks information 26 protected by the attorney-client privilege or attorney-work product DRYDE'i. MASCOLES, SCHMAKECK. KELLY A WATT MQUOMMSUDnj fUUttBO SANfltAWSOa CMJftOWMU Mill -4- (( * 1 doctrine, and on the additional grounds that the interrogatory (a) xvs 2 overly broad, and (b) seeks information that is neither relevant to 3 the subject matter of this action nor reasonably calculated to lead 4 to the discovery of admissible evidence. 5 INTERROGATORY HO. 3 6 State whether or not Y00 are a corporation and, if so, state: 7 A. YOOR correct corporate name; 8 B. YOOR state of incorporation; 9 C. The date of YOOR incorporation; 10 D. The address of YOUR principal place of business; 11 E. Whether or not YOU have ever held a certificate of 12 authority-to do business in the State of California and, if so, the 13 inclusive dates of any certificate; 14 -- -- F. If YOU are wholly owned or the majority interest of YOUR 15 COMPANY is-owned by another business entity,-state the entity's 16 name and principal place of business; 17 G. Whether YOU have any business offices in California and, 18 if so, YOUR principal place of business m California. 19 RESPONSE: " 20 Yes. 21 (a) Ford Motor Company; 22 (b) Delaware; 23 (c) July 9, 1919; 24 (d) One The American Road, Dearborn, Michigan 48126; 25 (e) Yes. 26 (f) Not applicable. OSYDEN. MAKCOLES, SCBDMANECK. KELLY A WAIT Aimn omm | Minuwma 1 CAioatxwwin | (c ( (g) Yes. INTERROGATORY NO. 4 Have YOU ever been identified, known or done business under any other name in the State of California? 5 g RESPONSE: 6 No. 7 INTERROGATORY NO. 5 8 If YOUR answer to Interrogatory No. 4 is in the affirmative, 9 please state such name or names and the time period during which 10 THIS DEFENDANT was so known or identified. 11 RESPONSE: 12 Not applicable.- -- -- 13 & INTERROGATORY NO. 6 14 I If YOU are not a corporation, what is YOUR business structure 151 (partnership, joint venture, sole"proprietorship, etc.). 161 RESPONSE: 171 Not applicable. 181 INTERROGATORY NO. 7 19 If YOU are not a corporation, please IDENTIFY all' persons or 20 other entities with an ownership interest in YOU. 21 RESPONSE: 22 Not applicable. 23 I INTERROGATORY NO. 8 241 If YOU are not-a corporation, please state the following: 25 I A. The address where the HISTORICAL RECORDS of THIS 26 DEFENDANT are currently located; and 9BYM* MABCOLES, SCH1MANECK. KELLY A WAIT CRKMVOWHSmn sum MSB MDUNODO^ CAUTORMAMItt (( 1 B. The name, job title and current address of the custodian , 2 for THIS DEFENDANT'S HISTORICAL RECORDS. 3 As used herein, "HISTORICAL RECORDS" shall include all 4 DOCUMENTS relating to the formation of THIS DEFENDANT, all minutes 5 of partners', general partners' or other owners' meetings and all 6 DOCUMENTS relating to THIS DEFENDANT'S merger with, acquisition of 71 or purchase or sale of or by any other COMPANY. 8 I RESPONSE; ... 91 Not applicable. 10 I INTERROGATORY NO. 9 111 IDENTIFY YOUR custodian of Business Records. 12 8 RESPONSE; 13 Without waiving any of the objections stated below and as 14 mentioned in Ford's Preliminary Statement, Ford will make available -IS for-inspection at a mutually agreeable time in Dearborn, Michigan, a 16 collection of documents and other materials pertaining to asbestos. 17fl which may contain information responsive to this request. 18 To the extent this request seeks an additional or different 19 response. Ford objects on the grounds that it (a) is overly broad, (b) 20 seeks information that is neither relevant to the subject matter of 21 this lawsuit nor reasonably calculated to lead to the discovery of 22 admissible evidence at the trial of this matter, and (c) is unduly 23 burdensome and oppressive. 24 INTERROGATORY NO--lOl - .. 25 IDENTIFY the person or persons most knowledgeable about: 26 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS- raYDBt, scsbuneck; KZLIYAWA1T vacnugmuiiBi MIM SWIUKBn CtUnMlailli -7- (( CONTAINING FRICTION PRODUCTS; B. YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING FRICTION PRODUCTS; j C. YOUR contracting with others to do work involving use or handling of RAW ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS. RESPONSE: Without waiving any of the objections stated below, Ford states 8 H that it has not mined, processed or manufactured asbestos-containing 9* friction products. Ford sold vehicles and replacement parts which 101 included asbestos-containing brake linings, pads and clutch facings 111 through thousands of franchised Ford dealers and authorized 12 distributors in the United States, under names such as Ford, Mercury, 13 Ford Authorized Remanufacturers, and under various lines and series 14 names such as Motorcraft. No one person was responsible for 15 "creating, directing or setting the policy" at Ford with regard to 16 asbestos-containing friction products. Complete information regarding 17 these areas of inquiry would require input from numerous sources. 181 However, Mr. Frederick King, a Ford Design Analysis engineer, is 19 8 generally knowledgeable regarding asbestos-containing friction 201 products. 211 To the extent this interrogatory seeks an additional or different 22 j response. Ford objects on the grounds that it (a) is overly broad, (b) 23 I seeks information that Is neither relevant to the subject matter of 24 this lawsuit nor reasonably calculated to lead to the discovery of 25 admissible evidence at the trial of this matter, (c) is unduly 26 burdensome and oppressive, and (d) is vague and ambiguous. 1RYDEN, kUSCOLE* SCSBMANECXt BELLYA WAIT cwaaowm autniAMBact cmnouMiu -- A- ( INTERROGATORY NO. 11 For DEFENDANTS involved m the MARKETING of ASBESTOSCONTAINING FRICTION PRODUCTS, state the IDENTITY of physicians, medical directors and/or industrial hygienists employed by THIS 5 I DEFENDANT. All other DEFENDANTS need only respond as to medical 61 directors and/or industrial hygienists or physicians employed in 71 the area of employee health and safety. PREMISES owners and 81 domestic corporations need only respond as to the United States 91 only. 10| RESPONSE: 11 8 Without waiving the objections below. Ford states that it has . 12 H-employed medical directors as part of the Staff to monitor the 13 I health and safety of the employees. They are located in Dearborn, 141 Michigan. They have been: 15 "Harley Krieger, 7 to 1954; now deceased; 16 E.A. Irvin, M.D.: 1954 to 1970, now deceased; 17 Duane L. Block, M.D.: 1970 to 1987; and 18 John Triebwasser, M.D.: 1987 to present. 19 . _ . Ford further states that an aggregate of approximately 40 20 industrial hygienists have been employed at Ford in the past 45 21 years. Industrial Hygiene at Ford is a central staff function of 22 the Staff. In general, all 40 were classified as industrial 23 hygienists with responsibility to perform industrial hygiene field 24 studies-only at. Ford locations. The names of the 40 are presented 25 as follows in two groups-those presently employed and those who 26 have left Ford. Credentials and dates of employment will be listed TRYMN, anaootw, SCBMANBCIC, kzu.y await aaomogunnB CAUPOKKMMUt -9- (( 1 where known. Present Industrial Hygienists D. S. Carruthers, B.S., M.S. Occ & Env Health, CIH L. Lattore, B.S., H.S. Industrial Hygiene, CIH, CSP, 1976 H. B. Lick, B.A., M.B.A., M.S. Occ 6 Envc Health, CIH, CSP, 1968 S.S. Hingela, B.S., M.S. Occ & Env Health, CIH, CSP, 1977 M.D. Kelly, B.S., CIH T.F. Strow, B.S., M.S., CIH P.A. Brogan, M.S. Occ & Health, CIH 12 __________D.~ Rands?--M.-S.,--CIH '- 13 Past Industrial Hygienists 14 R. Anderson 1960s - L. Parrish 1978-81 E. Brown 1960s .15. -----------N.-Brush 1972-77 W. Preston S. Rabinovitz 1970s w. Delhey 1950s J. Radcliff fmr. Mgr., 16 1948-72 . H. Dryer 1978-00 L. Redmond 1950s 17 D. Eschelbach 1950s E. Ross 1950s A. Frazho 1960s J. Sattelmeier 1960s 18 L. Jenson 1960s J. Slosar 1960s A. Karpowich 1978-80 F. Snitz 1960s 19 R. Kersten 1977 J. Sproat' 1977 H. Kronberger J. Stanko 1973 20 T. Mooney 1930 R. Stltes 1940s M. O'Brien 1977-81 P. Toth, fmr. Mgr. 21 1960-82 D. Padden 1930s J. Hare 1960s 22 D. Greschaw 1956-80s R. Wabeke, fmr. Mgr., 1970s- 23 C. Plasters 1960s-80s 1980s K. Swaney 1980s 24 25 To the extent this interrogatory seeks an additional or different 26 response. Ford objects on the grounds that it (a) is overly broad, (b) 'IRYVZN. 1ABCOLES, scanuNEcx. KEU-ra WAIT wciuontsmii aan wiwan CAUVOMMIU -10- (( 1 seeks information that is neither relevant to the subject matter o`f 2 this lawsuit nor reasonably calculated to lead to the- discovery of 3 admissible evidence at the trial of this matter, (c) is unduly 4 burdensome and oppressive, and (d) is vague and ambiguous. 5 I INTERROGATORY HO. 12 6 8 Has any engjloyee of THIS DEFENDANT testified by deposition or 7 8 at trial on behalf of THIS DEFENDANT in a third-party case, in 81 which THIS DEFENDANT was a party,- wherein the plaintiff has alleged 9| an asbestos-related injury? If so, for each such third-party case 10A please state: 11 1 -12 J -- A. -B. The caption and case number; The court -filing including state and county; 13 j C. The date of deposition or trial testimony; 14 D. The name and address of plaintiffs counsel of record; 15 E: The name and address of the court reporter. 16 RESPONSE: 17 Without waiving the objections below. Ford states that it does 18 not maintain a list of individuals who have been deposed in 19 asbestos litigation. Furthermore, its records do not allow Ford to 20 reasonably identify each and every former employee who has ever 21 been deposed in connection with asbestos litigation. However, in 22 the spirit of cooperation. Ford states that Mr. Arnold Anderson, 23 P.0. Box 2008, Livonia, Michigan, and Mr. Jack Ridenour, Ford Motor 24 Company, c/o Office-of the General Counsel, Parklane Towers-Nest, 25 Three Parklane Boulevard, Suite 300, Dearborn, Michigan, have 26 testified for Ford m asbestos related litigation in both WYDEK, MAKCOLES, SCBMAMECK, KELLY A WAIT aaouoDumsq UT|M awmKBoiA CMJXaMANItt (( 1 | deposition and trial. 28 To the extent this interrogatory seeks an additional or 3 I different response. Ford objects to this interrogatory on the 4 grounds that it (a) is overly broad and unlimited in scope, (b) seeks information that is neither relevant to the subject matter of 61 this lawsuit nor reasonably calculated to lead to the discovery of 7 admissible evidence at the trial of this matter, (c> is unduly 8 burdensome and oppressive, (d) is premature in nature, and (e) 9 seeks information that is in the public domain and is equally 10 fl accessible to Plaintiffs as to Ford. 11 8 INTERROGATORY WO. 13 121 For each of the following, please state whether THIS DEFENDANT fj % 131 has ever been a member or paid dues for any representative of THIS 14 DEFENDANT to be a member of the following (please answer to the 15 present): 16 A. American Conference of Governmental Industrial 171 Hygienists; 18 B. American Industrial Hygiene Association; 19 C. American Petroleum Institute; * 20 D. American Railroad Association; 21 E. Asbestos Cement Producers Association; 22 F. Asbestos Information Association (AXA); 23 G. Asbestos Information Association/North America (AIA/NA); 24 H. Asbestos Textile Institute (ATI); 25 I. Industrial Hygiene Foundation and/or Industrial Health 26 8 Foundation (IHF); MYDEN, MABGOLES. SC8DUNZCX KELLY* WAn I ascMOQBQAmtnB Jim2100 I SAMfUMCBOOk | CUJFOntUMitl 1 -12- (( 1 J. Industrial Mineral Insulation Manufacturers Institute; v 2 K. Magnesia Insulation Manufacturers* Association; 3 L. Magnesia Silica Insulation Manufacturers Association; 4 M. Mineral Wool Institute; 5 N. National Insulation Manufacturers Association (NIMA); 6 O. National Safety Council; 7 P. New York Academy of Sciences; 8 Q. Quebec Asbestos Mining Association (QAMA); 9 R. Refractories Institute; 10 S. Safe Building Alliance; 11 T. Thermal Insulation Manufacturers Association (TIMA); 12 U. U.S. Maritime Commission;' 13 V. IDENTIFY any other organ!rations, associations or groups 14 of manufacturers, miners, distributors, importers, labelers, 15 suppliers and/or sellers of RAN ASBESTOS and/or ASBESTOS-CONTAINING 16 FRICTION PRODUCTS of which THIS DEFENDANT was a member; 17 W. IDENTIFY any such representative of THIS DEFENDANT. 18 RESPONSE: 19 Without waiving the objections below. Ford states that Ford or 20 Ford employees, or both, have had memberships in the American 21 Society for Testing and Materials, Society of Automotive Engineers 22 and the American Industrial Hygiene Association. Ford cannot 23 identify all of its employees who have been or are members of these 24 organizations. Ford also had a membership from January 1947 25 Jj through December 1974 in the Industrial Health Foundation, formerly 26 8 known as the Industrial Hygiene Foundation. DHDEN. MAKGOimS, scmMAracac, KELLY A WAIT NfUNam MOWUMtl -13- (( 11 Ford is a member of the National Association of Manufacturer^ 211176 F. St./ N.W., Washington/ D. C. 20006; Michigan Manufacturers 3 I Association; Motor Vehicle Manufacturers Association/ 300 New 4 I Center Building/ Detroit/ Michigan 48202; and the National Safety 51 Counsel, 444 N. Michigan Ave., Chicago, Illinois 60611. 6 It has been reported by representative of these respective 7 organizations that there is no record of Ford's memberships m 8 these following organizations: Institute of Occupational and 9 Environmental Health, Quebec Asbestos Mining Association, Brake 10 Lining Manufacturers Association, Friction Materials Standards 11 Institute, Grinding Wheel Institute, Asbestos Tile Institute, 12 Asbestos Information Association, -Trudeau Foundation, Asbestos 13 Brake Lining Manufacturers Institute. 14 To the extent that this interrogatory seeks an additional or 15. different response. Ford objects on the grounds that it is (a) 16 overly broad, (b) lacks particularity, (c) seeks information that 17 is neither relevant to the subject matter of this lawsuit nor 18 reasonably calculated to lead to the discovery of admissible 19 evidence at the trial of this matter, (d) unduly burdensome and 20 oppressive, and (e) premature. 21 8 INTERROGATORY NO. 14 221 FOr each organization, association or other entity identified 231 in YOUR response to Interrogatory NO. 13, please state: 24 A. The dates during which THIS DEFENDANT was a member; 25 B. The name(s) of any publication(s) received by THIS 26 DEFENDANT from such association or organization; 'WYDEN. MUCOUS, soBmuNzac, Knur AWAIT tMlKAWSaX ourawAwu -14- (( 1 C. The name of any committee or subcommittee of which THIS 2 DEFENDANT was a member and the dates of such committee or 3 subcommittee membership. 4 RESPONSE: 5 Ford refers to and incorporates herein its response and 6 objections to Interrogatory No. 14. 7 INTERROGATOR? NO. IS 8 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 9 containing results or conclusions of any studies and/or tests 10 conducted by Bonsib for Standard Oil of New Jersey relating to 11 asbestos exposure in the workplace or the human health consequences 12 of exposure to asbestos? If so: 13 A. Either attach all DOCUMENTS or disks containing such 14 1 data, evidencing the information sought in this interrogatory and 151 its subparts to.YOUR answers to these.interrogatories or describe 161 such DOCUMENTS with sufficient particularity that they may be made 17 8 the subject of a request for production of documents. I18 B. State the date upon which THIS DEFENDANT first received 191 such DOCUMENTS; . 201 C. State the IDENTITY of the custodian of such DOCUMENTS; 2! ' D. This interrogatory does not apply to DOCUMENTS contained 22 in a library maintained by a DEFENDANT hospital or a DEFENDANT'S 23 library providing access to the general public. 24 8 RESPONSE: 25 I No. 26 /// nrarmit ntcous. jcanumac. KELLY A WATT MHUKBCOl oaroMUNiti -15- ( (' 1 I INTERROGATORY WO. 16 21 Had THIS DEFENDANT prior to 1973 received a copy or any 3 S portion of any studies and/or tests conducted by any insurance * 4 company, including but not limited to Metropolitan Life Insurance 5 Company and Aetna Insurance relating to asbestos exposure in the 6 workplace or the human health consequences of exposure to asbestos? 7 If so: 81 A. Either-attach all DOCUMENTS or disks containing such 91 data, evidencing the information sought in this interrogatory and 101 its subparts to YOUR answers to these interrogatories, or describe 111 such DOCUMENTS with sufficient particularity that they may be made 121 the subject-of-a request -for production of-documents; 13 B. State the date upon which THIS DEFENDANT first received 14 such DOCUMENTS; -- 15 C'. State-the'IDENTITY'of- the custodian of such DOCUMENTS; 16 D. This interrogatory does not apply to DOCUMENTS contained 17 in a library maintained by a DEFENDANT hospital or a DEFENDANT'S 18 library providing access to the general public. 19 RESPONSE: ' 20 No. 21 INTERROGATORY NO. 17 22 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 23 containing results or conclusions of any studies and/or tests 24 conducted by any laboratory, including but not limited to the 25 I Saranac Laboratory relating to asbestos exposure in the workplace 261 or the human health consequences of exposure to asbestos? If so: DKYDEK. MARCOLE& SCSnUNECK. KELLYA WAIT SWriMOK^ CUffOMUNIII -1 (( 1 A. Either attach all DOCUMENTS or disks containing such i 2 data, evidencing the information sought xn this interrogatory and 3 its subparts to YOUR answers to these interrogatories or describe 4 such DOCUMENTS with sufficient particularity that they may be made 5 the subject of a request for production of documents; 6 B. State the date upon which THIS DEFENDANT first received 7 such DOCUMENTS; 8 C. State the IDENTITY of the custodian of such DOCUMENTS; 9 - D. This interrogatory does not apply to DOCUMENTS contained 10 in a library maintained by a DEFENDANT hospital or a DEFENDANT'S 11 library providing access to the general public. 12 RESPONSE: 13 No. 14 INTERROGATORY HO. 18 15 State whether THIS DEFENDANT has ever maintained a library (or 16 libraries) which contains books, articles, periodicals, journals 17 and/or reference materials that relate to the subjects of asbestos, 18 industrial hygiene, medicine, safety and/or occupational disease. 19 If so, state: 20 A. The date each such library was'established; 21 B. The location of each such library; 22 C. The IDENTITY of each librarian or other person in charge 23 of such library. 24 RESPONSE: 25 Without waiving any of the objections stated below, Ford states 26 that libraries are maintained in the following functional areas in DRYMN, MARCOLES, samuNECK KEXLYA WAIT aunmtmi -17- ( 1 Dearborn, Michigan: medical, industrial hygiene, toxicology, and 2 health surveillance. Among the items m these libraries there surely 3 are journals, books, and other publications with references to 4 asbestos. There is no specific depository solely dedicated to the 5 A topic of asbestos. 61 The following journals, among others, were subscribed to at some 7 8 time during the period from 1928 to the present by the medical and 8 health interests: - 9_ 10 11 12 13 14 15 16 17 18 Industrial Health Industrial Medicine 6 Surgery Journal of Occupational Medicine ' -Journal of American Medical Association Archives of Environmental Health British Journal of Industrial Medicine -- - Annala~ of "Occupational Hygiene' ' Journal of American Industrial Hygiene Association The following journals, among others, were subscribed to at some 19 .time,by industrial hygiene interests: * 20 Archives of Environmental Health 21 American Industrial Hygiene Journal 22 Industrial Hygiene and Toxicology 23 British Journal of Industrial Medicine 24 The Annals of Occupational Hygiene 25 Some health information relative to asbestos is maintained at the 26 Industrial Hygiene and Employee Health Department. DRYMK. MAKGOLU, SODMMtECK. KELLY* WAIT MMVBAIKBa^ CttMNiMttl dmwsH -18- si (( 11 To the extent this interrogatory seeks an additional or different 2 I response. Ford objects on the grounds that it (a) is overly broad, (b) 31 seeks information that is neither relevant to the subject matter of 41 this lawsuit nor reasonably calculated to lead to the discovery of 5 8 admissible evidence at the trial of this matter, and (c) is unduly 6 H burdensome and oppressive. 7 INTERROGATORY HO. 19 8 With the exception of OSKA compliance, had THIS DEFENDANT 9 prior to 1980 exchanged DOCUMENTS or communicated with any 10 individual or other COMPANY expressly regarding the results of 11 tests and/or studies relating to asbestos exposure in the workplace 12 or the human health consequences of exposure to asbestos? If so, 13 I state: 141 A. Each individual or COMPANY with whom the information was IS I exchanged or to whom it was communicated; 161 171 B. The date(s) of any such exchanges or communications; C. The IDENTITY of the custodian of such DOCUMENTS. 18 I RESPONSE: 19 Without waiving the objections below. Ford states' that in the 20 early 1970rs Arnold Anderson and Roy Gealer of Ford's Scientific 21 Research Staff conducted tests to determine the quantity of 22 asbestos fibers liberated from brake linings during the braking 23 process. They concluded that over 99.98% of the asbestos fibers in 24 brake linings decomposed during the braking process into other 25 materials. Their results were published in 1973. 26 In addition. Ford states that commencing in the early 1970's, WYDEN, lUicom kboianux. KELLY* WATT MiMont CAlMMUNtll -19- (c 1 Ford participated in and provided partial funding for studies done 21 by Dr. Irving Selikoff and others at what is now the Mt. Sinai * 3 I School of Medicine in New York, which work was reported on in a 4 I paper entitled Asbestos Exposure During Brake Lining and 5 Maintenance and Repair, published in "Environmental Research", Vol. 6 112, pp. 110-128 (1976). The work done was a study of the 7 environmental pollution, if any, caused by asbestos in brake 8 linings. The study came to focus on the occupational exposure of 9 8 mechanics during brake repair and maintenance. Ford's Research and 101 Engineering Department and Industrial Hygiene Department were 111advised of the study. The 1976 publication acknowledges the 12 i support received from Ford. ____= - 13 In 1973, Ford's Industrial Hygiene Department conducted air 14 sampling tests on brake linings being cleaned by brake mechanics 15 using air hoses. They- determined-that asbestos levels were well 16 below existing or proposed O.S.H.A. standards. This testing was 17 done by Mr. Anderson and Henry Lick, under the supervision of Paul 181 Toth, the then manager of Industrial Hygiene. 191 Ford further states that there exists today no medical or 201 scientific knowledge that establishes risks associated with 211 exposure to its friction products. 22 8 To the extent that this interrogatory seeks an additional or 23 different response. Ford objects on the grounds that it is (a) 24 overly broad, (b) lacks particularity, (c) seeks information that 25 is neither relevant to the subject matter of this lawsuit nor 261 reasonably calculated to lead to the discovery of admissible DBVDEX MAKomn. SCSDUNECK. KELurawAir MOUMB8Amni smw OwOflUMMBcOaIeWaII WQM4R) -20- (( 1 evidence at the trial of this matter, (d) unduly burdensome and ' 2 oppressive, and (e) premature. 3 I INTERROGATORY HO. 20 ' 4 Has any employee or designee of THIS DEFENDANT testified on behalf of THIS DEFENDANT before the Occupational Safety and Health 61 Administration, the National Institute of Occupational Health and 71 Safety or any committee or subcommittee of the United States 8 8 Congress relating to asbestos exposure in the workplace or the 9 human health consequences of exposure to asbestos? If so, please 10 state: 11 A. The entity before whom such testimony was given; 12 - B. The date(s) and location (sj - of such testimony; 13 C. The IDENTITY of the individual(s) who so testified; 14 D. Whether any DOCUMENTS were presented to the entity before 15 which testimony was given; ' 16 E. Whether copies of DOCUMENTS presented were retained by 17 THIS DEFENDANT and, if so, state the IDENTITY of the custodian of 18 such DOCUMENTS. 19 RESPONSE: ' 20 Without waiving the objections below. Ford states that it 21 does not maintain a list of Individuals who have been deposed in 22 asbestos litigation. Furthermore, its records do not allow Ford to 23 reasonably identify each and every former employee who has ever 24 been deposed in .connection with asbestos litigation. However, in 25 the spirit of cooperation. Ford states that Mr. Arnold Anderson, 26 P.O. Box 2008, Livonia, Michigan, and Mr. Jack Ridenour, Ford Motor MIYOTN, 4ABC0U& SGBDUNECK. nurAWAIT caacttJRXMAS mraMOB MIIMMBat catfoaPOAtttta (4tQ)04m -21- (( Company, c/o Office of the General Counsel, Parklane Towers West, \ Three Parklane Boulevard, Suite 300, Dearborn, Michigan, have testified for Ford m asbestos related litigation m both deposition and trial. To the extent this interrogatory seeks an additional or different response. Ford objects to this interrogatory on the 7 i grounds that it (a) is overly broad and unlimited in scope, (b) 8 seeks information that is. neither relevant to the subject matter of 9 this lawsuit nor reasonably calculated to lead to the discovery of 10 admissible evidence at the trial of this matter, (c) is unduly 11 8 burdensome and oppressive, (d) is premature in nature, and (e) 12 fi seeks information, that _is in the public domain and is equally 131 accessible to Plaintiffs as to Ford 14 8 INTERROGATORY NO. 21 15 S Has THIS -DEFENDANT conducted or caused to be conducted, tests 161 and/or studies of asbestos dust created during the manufacture, 17 B processing and/or assembling for sale of ASBESTOS-CONTAINING 181 FRICTION PRODUCTS? If so, state: 19 A. Each manufacturing facility, including location and 20 address, at which any such test and/or study was conducted; 21 B. The date of each such test and/or study; 22 C. The individual (s) or entity conducting each such test 23 and/or study; 24 D. Whether THIS DEFENDANT^ has any DOCUMENTS containing the 25 results and/or conclusions of each such study; 26 E. The IDENTITY of the custodian of such DOCUMENTS. 'UtVPCK. UKGOUS, SCBIMMJfECIC. KELLY A WAIT OaCMMDfURIDl] MHUMOm CAIMOQAMMI -22- ( RESPONSE: Ford refers to and incorporates herein its response and objections to Interrogatory No. 19. INTERROGATOR? NO. 22 Has THIS DEFENDANT conducted or caused to be conducted/ any 6 8 tests and/or studies on ambient asbestos dust levels at any 71 location or job site where ASBESTOS-CONTAINING FRICTION PRODUCTS 8 i were installed, utilized or removed? If so, for the first five 9 8 tests and/or studies, state: 10 A. The location, including name and address, at which each 11 such test and/or study was conducted; 12 B. The individual(s) or entity conducting each such test 13 D and/or study; 14 8 C. The date of each such test and/or study; 15 8 D. Whether THIS DEFENDANT has any DOCUMENTS containing the 161 results and/or conclusions of each such test and/or study; 17 E. The IDENTITY of the custodian of such DOCUMENTS. 18 RESPONSE; 19 Ford refers to and incorporates herein its response and 20 objections to Interrogatory No. 19. 21 INTERROGATORY NO. 23 22 Did THIS DEFENDANT have any laboratory or other similar type 23 of facility anywhere in the United States at which it conducted or 24 caused to be conducted, any tests and/or studies of ASBESTOS25 CONTAINING FRICTION PRODUCTS or RAW ASBESTOS relating to the health 26 consequences of asbestos or the dust generated by any use of ORVDEN, ARGOUS. OOMANECK. khaya wait MVIMHOODl CAUmOAMIII -23- r( 1 asbestos or ASBESTOS-CONTAINING FRICTION PRODUCTS. If so, state: 2 A. The location, including name and address, at which each 3 test and/or study was conducted; 4 B. The individual (s) or entity conducting each such test 5 and/or study; 6 J C. The date of each such test and/or study; 7 I D. Whether THIS DEFENDANT has any DOCUMENTS containing the 8 results and/or conclusions of each such test and/or study; 9 E. The IDENTITY of the custodian of such DOCUMENTS. 10 RESPONSE: 11 Without waiving the objections below. Ford states that in 12 addition to Mt. Sinai research, a great many hours were spent by a 13 multitude of Ford employees assisting, consulting with and 14 | supplying the Mt. Sinai researchers with ideas, comments and 15 materials. " It is impossible to place a dollar value" on these 16 contributions. Dr. Selikoff 's 1976 article discussing the 17 potential health hazards of brake linings expressly acknowledges 18 the support and assistance he received from Ford. 19 To the extent that this interrogatory seeks an additional or 20 different response. Ford objects on the grounds that it is (a) 21 overly broad, (b) unduly burdensome, (c) premature, (d) lacks 22 particularity, and (e) seeks the discovery of information or 23 documents that are neither relevant to the issues in this lawsuit 24 nor reasonably calculated to lead to the discovery of admissible 25 evidence. 26 /// DBYDEJt 1 MABGOLES, SCBIMANECK. uurwAn onciuoiKuinin uma MDIUMBCOl oumwMii -24- r 1 g INTERROGATORY MO. 24 2g Has THIS DEFENDANT made available to its employees a medical 3 g examination program to determine the absence or presence of 4 asbestos-related disease? If so, state: 5 A. Whether chest x-rays or pulmonary function tests were 6 part of such program(s); 7 B. Whether participation in any such program was a mandatory 8 condition of employment or was voluntary; 9 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 10 D. The IDENTITY of the custodian of such DOCUMENTS. 11 RESPONSE: 12 Without waiving- the objection? below. Ford states that it 13 maintains medical facilities at its plants and facilities to treat 14 ill or injured employees for all medical complaints or refers them 15 elsewhere for appropriate medical care. 16 To the extent that this interrogatory seeks an additional or 17 different response. Ford objects on the grounds that it is (a) 18 overly broad, (b) unduly burdensome, (c) premature, (d) lacks 19 particularity, and (e) seeks the discovery of information or 20 documents that are neither relevant to the issues in this lawsuit 21 nor reasonably calculated to lead to the discovery of admissible 22 evidence. 23 I INTERROGATORY NO. 25 24 g Prior to 1973, did any person file a Workers' Compensation 25 J claim for asbestos-related injury against THIS DEFENDANT or any 26 Workers' Compensation carrier for THIS DEFENDANT which provided DKYDEK MABCOLES, GCmMAKEOC, KDXTaWAIT CMCMjroftMASfXQnl raaob CAUFDOUM1I -25- (( 1 coverage for THIS DEFENDANT? If so, state the total number of such^ 2 claims and, for the first 20 such claims, state: 3 A. The date of such claim; 4 B. The name of the claimant; 5 C. The case number; 6 D. The court in which the claim was filed; 7 E. The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS 8 evidencing such claims. - - 9 RESPONSE: ~ " 10 Without waiving the objections stated below. Ford states that 11 its records do not permit retrieval of this information as injuries 12 alleged are described in general terms such as: lungs, chest, back. 13 silicosis, bronchitis, emphysema, pneumoconiosis, cough, pulmonary 14 system, etc., resulting from exposure to "deleterious substances" 15' or "atmospheric'pollutants." It is impossible to ascertain from 16 these records whether or not the alleged injury was associated with 17 asbestos exposure. Furthermore, because of the differences in 18 occupational exposure, the information sought would not be relevant 19 to the claims asserted herein. ' 201 To the extent that this interrogatory seeks an-additional or 211 different response. Ford objects on the grounds that it is (a) 22 overly broad, (b) unduly burdensome, (c) premature, (d) lacks 23 particularity, and <e) seeks the discovery of information or -24 documents that are-nelther relevant to the issues in this lawsuit 251 nor reasonably calculated to lead to the discovery of admissible 26 fi evidence. MYDEN, Marcoles, SCH1MAMECK. kelly* wait atwraminin wnm Miunm OIAWMUWII -9R- (( 1 INTERROGATORY NO. 26 , 2 Does THIS DEFENDANT have insurance available to cover 3 judgment(s) entered against it in asbestos-related personal injury 4 lawsuits? If so, state: 5 A. The name and principal place of business of any insurance 6 carrier who has issued such policy of insurance; 7 B. The number and effective date of each policy; 8 C. The amount(s) of coverage of each policy; 9 D. "The applicable dates of coverage. 10 RESPONSE: 11 Ford is essentially self-insured for amounts m excess of a 12 reasonable jury-award-for the-damages claimed in this lawsuit. Any 13 judgment rendered against Ford would be satisfied from its assets. 14 INTERROGATORY NO. 27 - -................ 15i - - -state -whether-YOU have controlled, purchased or in any way 161 acquired a controlling interest in any corporation or business 171 entity which has mined, manufactured, produced, processed. 181 compounded, sold, supplied, distributed and/or otherwise placed RAH 191 ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS In the stream of 201 commerce. If so, state: 21 A. The name and address of said corporation or business 22 entity; 23 B. The dates YOU controlled, purchased or acquired any 24 interest; 25 C. The nature of the business as it pertains to asbestos. 26H /// D8YDEX, mmcouh SCMMAWBCX KELLY A WAIT fiMtcttmauiien unw MKlMnoa CAlDDttUMli -27- c( 1 I RESPONSE 2 No. 3 INTERROGATORY NO. 28 4 If THIS DEFENDANT entered into any agreements for the 5 rebranding of any ASBESTOS-CONTAINING FRICTION PRODUCTS by THIS 6 DEFENDANT for resale or distribution by another person or entity, 7 describe each agreement's terms and the parties to said agreement, 8 the duration of the agreement and the name of each product(s) 9 and/or material(s) covered by each such agreement. 10 RESPONSE: 11 Assuming that this interrogatory asks whether Ford sells any 12 asbestos-contafnifig friction products to others for resale. Ford 13 responds that it engaged in the sale of asbestos-containing brake 14 and clutch service replacement parts. Ford purchases brake and 15 clutch assemblies from suppliers and-markets them as new products 16 under the Ford logo. The remanufactured product is produced by 17 "Authorized" remanufacturers who either buy conqx>nents directly 18 | from Ford or use "Ford Quality" components purchased elsewhere. 19 8 These products are marketed under the name of Ford Authorized 20 Remanufacturers. Ford will produce a list of Ford Authorized 21 Remanufacturers. 22 INTERROGATORY NO. 29 23 If THIS DEFENDANT entered into any agreements for the "24 rebranding of ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured, 25 sold, supplied or distributed by another person or entity for 26 resale or distribution by YOU, describe each of the agreements and DRVDEM, MASCOLES, SGDMANECK. KELLY* WAIT sMratcMAfLt0ovkmesx UM71AMOSCQ. CAUKMMAMttl -28- (c 11 the parties to said agreement, the terms, the duration and the names of each product(s) and/or material(s) covered by each such agreement. RESPONSE: : Ford refers to and incorporates herein its response and objections to Interrogatory No. 28. INTERROGATORY NO. 30 Between the years 1930 and 1985, did YOU purchase or otherwise 91 acquire any ASBESTOS-CONTAINING FRICTION PRODUCT lines from another 101 person or entity? If so, state for each such purchase: 111 A. Date of purchase or acquisition; 121 B. Terms of purchase or acquisition agreement; 131 c. Either attach all DOCUMENTS or disks containing such 14 data, evidencing said acquisition, or describe such DOCUMENTS with 15 sufficient particularity that they may be made the subject of a 161 request for production of documents; 17 D. Trade, brand and/or genetic name of each such product 18 line so acquired; 19 E. Name of the person or entity from whom YOU purchased or 20 acquired each such ASBESTOS-CONTAINING FRICTION PRODUCT line; 21 F. Location of any manufacturing facilities so acquired and 22 the type Of ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured 23 therein. 24 RESPONSE; 25 Without waiving its objections below. Ford states that a 26 historical list revised as of May 1, 1995, of some suppliers to drydek, MARCOLE& SCmMANEOC. KELLY* WATT CVOMMUMII -29- (c 1 Ford of some brake linings and assemblies is being offered. 2 To the extent that this interrogatory seeks an additional or 3 different response. Ford objects on the grounds that it is (a) 4 overly broad, (b) unduly burdensome, (c) premature, (d) lacks 5 particularity, and (e) seeks the discovery of information or 6 documents that are neither relevant to the issues in this lawsuit 7 nor reasonably calculated to lead to the discovery of admissible 8 evidence. 9 INTERROGATOR? MO. 31 10 Between the years 1930 to 1985, did YOU sell any ASBESTOS11 CONTAINING FRICTION PRODUCT line to another person or entity? If 12 so, state for each such sale: 13 A. Date of sale; 14 B. Terms of sales agreement; 15 C. Either attach all DOCUMENTS or disks containing such l 16 data, evidencing said sale, or describe such DOCUMENTS with 17 sufficient particularity that they may be made the subject of a 18 request for production of documents; 19 D. Trade, brand and/or genetic name of each such product 20 line sold; 21 E. Name of person or entity to whom YOU sold each such ASBESTOS-CONTAINING FRICTION PRODUCT line; and F. Location of any manufacturing facilities so sold and the type of ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured therein. RESPONSE: Without waiving the objections states below. Ford states that DRVDEN, MAKCOLES, GCBIMANECK, KELLY* WAIT smm wnuocBGQ. CAUWMMII (( it sells its vehicle and replacement parts through franchised dealers and authorized distributors throughout the United States. \ Ford sold these vehicles and parts, including brake linings, pads and clutch facings under names such as Ford, and Mercury and under various lines and series names, as well as names such as Motorcraft. Aftermarket parts were sold under the name of Ford or Ford Authorized Remanufacturers. Ford further states that it is not feasible to respond- to this interrogatory in part because of the record retention program at Ford. To the extent that this interrogatory seeks an additional or different response. Ford objects on the grounds that it is (a) overly broads (b) unduly burdensome, (c) premature, (d) lacks particularity, and (e) seeks the discovery of information or documents that are neither relevant to the issues in this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY MO. 32 IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to ASBESTOS-CONTAINING FRICTION PRODUCTS and/or RAH ASBESTOS which YOU manufactured, sold, distributed or supplied from the year 1930 to 1985. For each such document, state: A. A description of the document; . B. The year it was printed; C. The period of time in which it was used; ' D. The purpose of said document; UlYDEN. HAMCOLZX samtANux. KELLY* WAIT WVnAMBCa OUiRKMAMIll -31- (c 1 E. Whether the documents or copies of said document * 2 presently exist; * 3 F. If said documents or copies still exist, where they are 4 located; 5 G. The IDENTITY of the custodian of such documents. 6 RESPONSE: 7 Without waiving the objections stated below. Ford has not 8 manufactured asbestos-containing friction products for use in its 9 vehicles. Ford purchased these products as pre-assembled parts, which 10 were subsequently installed in its vehicles or sold as replacement 11 parts. Most promotional material concerning such products would r 12| pertain to the vehicle as a whole or to pre-assembled replacement 13 parts. Furthermore, Ford is not aware of any sales or promotional 14 literature which describe asbestos-containing friction products. 15 However, in the spirit of cooperation. Ford will produce a copy of a 16 sample aftermarket carton. 17 To the extent this interrogatory seeks an additional or different 18 response. Ford objects to this interrogatory on the grounds that it 19 (a) is overly broad, (b) seeks information that is neither relevant 20 to the subject matter of this lawsuit nor reasonably calculated to 21 lead to the discovery of admissible evidence at the trial of this 22 matter, (c) is unduly burdensome and oppressive, and <d) is vague and \ 23 ambiguous. 24 INTERROGATORY NO. 33 25 When do YOU contend THIS DEFENDANT first became aware that 26 there is an association between asbestos exposure and disease in DRYDEN, MARCOLES, SaHMANECX. KELLY A WAIT oMCAUfonoAsnaii JUBCVBO SANnUftCBOX OUtfOtMUMill I -32- rI ( 1 human beings? v 2 RESPONSE: 3 Without waiving the objections stated below. Ford states that 4 scattered case reports of carcinoma in persons occupationally 5 exposed to asbestos began appearing in the literature in the 1930s. 6 Ford cannot state when a Ford employee first had knowledge of such 7 information. It is known, however, that the initial knowledge of a 8 suggestion of potential hazards associated with asbestos-lined 9 brakes came in a telephone call from Dr. Selikoff to Dr. Roy Gealer 10 of Ford Research and Engineering in April 1975. Ford cannot state when it or one of its employees first had :: knowledge of asbestos-related disease among its employees. I13 Furthermore, because of the difference in occupational exposure, 14 the information sought would not be relevant to the claims asserted 15 herein.______ -- - 16 To the extent this interrogatory seeks an additional or different 17 response. Ford objects to this interrogatory on the grounds that it 18 (a) is overly broad, (b) seeks information that is neither relevant 19 to the subject matter of this lawsuit nor reasonably calculated to 20 lead to the discovery of admissible evidence at the trial of this 21 matter, (c) is unduly burdensome and oppressive, and (d) is vague and 22 ambiguous. 23 INTERROGATORY WO. 34 24 How do YOU contend THIS DEFENDANT first became aware that 25 there is an association between asbestos exposure and disease in 26 human beings? DRYDEH, MARGOLES, scbzmankcx. KX1XY AWAIT tAMflANOXCt CALPOtMUWIU -33- (c RESPONSE: Without waiving the objections stated below. Ford states that scattered case reports of carcinoma in persons occupationally exposed to asbestos began appearing m the literature in the 1930s. Ford cannot state when a Ford employee first had knowledge of such 6[j information. It is known, however, that the initial knowledge of a 71 suggestion of potential hazards associated with asbestos-lined 8 I brakes came in a telephone call from Dr. Selikoff to Dr. Roy Gealer 9 6 of Ford Research and Engineering in April 1975. 10 Ford cannot state when it or one of its employees first had 11 knowledge of asbestos-related disease among its employees. 12 Furthermore, because of the difference in occupational exposure, 13 the information sought would not be relevant to the claims asserted 14 herein. 15 To the extent this interrogatory seeks an additional or different 16 response. Ford objects to this interrogatory on the grounds that it 17 (a) is overly broad, (b) seeks information that is neither relevant 18 to the subject matter of this lawsuit nor reasonably calculated to 19 lead to the discovery of admissible evidence at the trial of this 20 matter, (c) is unduly burdensome and oppressive, and (d) is vague and 21 ambiguous. 22 INTERROGATOR* NO. 35 ' 23 Either attach all DOCUMENTS or disks containing such data, 24 evidencing the information upon which YOUR contentions in 25 Interrogatory Nos. 34 and 35 are based or describe such DOCUMENTS 26 with sufficient particularity that they may be made the subject of DRYDEN. MABOOIJiS, GOQMANZCK. KELLY A WAIT tWIMKBODi CAUKMMA.MIII -34- (r 11 a request for production of documents. 21 RESPONSE: 3 Ford refers to and incorporated herein its response and 4 objections to Interrogatory No. 33. ! 5 INTERROGATORY NO. 36 6 When did YOU first warn YOUR employees that exposure to 7 asbestos could be hazardous to human health? State: 8 - A. Whether-the first such warning was written or oral; 9 B. Whether copies of DOCUMENTS containing such warning 10 exist; 11 C. The IDENTITY of the custodian of such DOCUMENTS; 12 -D. The content of the warning. . 13 RESPONSE: 14 Without waiving its objections. Ford states that it did not 15 issue- any warning-to its employees concerning the hazards of - 16 asbestos because it purchased brake and clutch assemblies which 17 were already preassembled and affixed to metal shoes or plates. 18 Since these products were installed as assemblies the employees 19 were not subjected to any exposure. . 20 To the extent that this interrogatory seeks an additional or 21 different response. Ford objects on the grounds that it (a) is overly 22 broad, (b) seeks information that is neither relevant to the subject 231 matter of this lawsuit nor reasonably calculated to lead to the 241 discovery of admissible evidence at the trial of this matter, and (c) 25 I is unduly burdensome and oppressive. 261 /// DKYMN, MABQOIXS. GC&nUNEOt. KELLY A WAIT CVRWUMU -35- (( l INTERROGATOR? NO. 37 ^ 2 Did YOU ever issue a written COMPANY policy discontinuing 3 warning YOUR employees that exposure to asbestos could be hazardous 4 to human health? If so: 5 [ A. Provide the date; 6 B. Describe the circumstances; 7 C. Either attach all DOCUMENTS or disks containing such 8 data, evidencing the information sought in this interrogatory and 9 its subparts to YOUR answers to these interrogatories or describe 101 such DOCUMENTS with sufficient particularity that they may be made 11 | the subject of a request for production of documents. 12 RESPONSE: 13 Without waiving its objections. Ford states that it did not 14 1 issue any warning to its employees concerning the hazards of 15 asbestos because it purchased brake and clutch assemblies which 16 were already preassembled and affixed to metal shoes or plates. 17 Since these products were installed as assemblies the employees 18 were not subjected to any exposure. 19 To the extent that this interrogatory seeks an additional or different 20 response. Ford objects on the grounds that it (a) is overly broad, (b) 21 seeks information that is neither relevant to the subject matter of 22 this lawsuit nor reasonably calculated to lead to the discovery of 23 admissible evidence at the trial of this matter, and (c) is unduly 24 burdensome and oppressive. 25 INTERROGATORY NO. 38 26 At any time between 1930 and 1985, did YOU inport, export. DRYDEN, MAKGtnn 9CHIMANECXC. KELLY A WAIT (MCUAUSlini SSTVVOD MMIftAMCDOX CttraOQAMU 36- rr 1 ship, transship or otherwise transport RAW ASBESTOS into, out of or 2 through any port in the GEOGRAPHIC AREA? If so, for each occasion: 3 A. IDENTIFY and describe the NATURE and amount of RAW 4 ASBESTOS; 5 B. IDENTIFY the ship or ships (including the owners and 6 operators thereof) onto or from which the RAW ASBESTOS was loaded, 7 unloaded or transshipped; 8 C. State the dates, port and pier involved for each 9 occasion; 10 D. Either attach all DOCUMENTS or disks containing such 11 data, evidencing 12 the information sought in this interrogatory and its subparts to 13 1 YOUR answers to these interrogatories or describe such DOCUMENTS 14 with sufficient particularity that they may be made the subject of 15 a request for production, of documents. 16 RESPONSE: 17 No. 18 INTERROGATORY NO. 39 19 Did YOU or any of YOUR predecessors-in-interest manufacture 20 any of the following products which contained ASBESTOS-CONTAINING 211 FRICTION PRODUCTS at any time between 1930 and 1985: 221 A. Automobiles; 23 B. Light duty trucks; 24 C. Heavy duty trucks or trailers; 25 D. Buses/coaches; 26 E. Motorcycles; DKYD8M. MAKCOLES, | B SCHMAKBOC KELLY A WAIT mciuramunro amsm imiMiiaca OtSOWUMlt 37- rr F. Winches, drilling rig or other stationary machinery; G. Aircraft; H. Rubber-tired crawler, construction or farm equipment; I. Railed engines or cars including light-railed vehicles; J. Ships; K. Off-road vehicles; L. Fork lifts; M. Other machinery or equipment (please describe). 9 I RESPONSE: 10 Without waiving any of the objections stated below. Ford 11 states as follows: 12 Yes. 13 B. Yes. 14 C. Yes. .. 15 - - D. . _Ford has_been_unable .to locate records conclusively 16 eliminating the possibility that it manufactured those products 17 during the relevant time. 18 E. . No. 19 F. No. 20 G. No. - 21 H. Yes. 22 I. No. 23 J. No. 24 K. Yes. 25 L. No. 26 | M. If Plaintiff will define the phrase "other machinery or DRYDEM, MARCOLES. aCHMAMBCK KELLY A WAIT lAjfjRANam CftUFQ04t*||| -38- (c equipment" Ford will attempt to further respond to this <r interrogatory. \ To the extent that this interrogatory seeks an additional or different response/ Ford objects on the grounds that it is overly broad, unduly burdensome and seeks the discovery of information or documents that are neither relevant to the issues in this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY HO. 40 For each product identified in Interrogatory No. 39, state: A. IDENTIFY the ORIGINAL EQUIPMENT including inclusive dates of production; B. For each, IDENTIFY and describe the NATURE of the ASBESTOS-CONTAINING FRICTION PRODUCTS and the inclusive dates thereof; C. IDENTIFY the manufacturer and/or distributor of the ASBESTOS-CONTAINING FRICTION PRODUCTS which were included as component parts in YOUR ORIGINAL EQUIPMENT; D. Either attach all DOCUMENTS or disks containing such data, evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents (as to ORIGINAL EQUIPMENT vehicle manufacturers, the documents responsive to this subpart are limited to ASBESTOS-CONTAINING FRICTION PRODUCTS); DKYDZH, MAKCOLES, SCBIMANECK KOLYA WAIT IUU1 wnunooi ounmuftiii | -io- f( 18 E. IDENTIFY the person(s) presently most knowledgeable about*, 2| the information sought in this interrogatory or its subparts. RESPONSE: Without waiving the objections stated below. Ford states as follows: A. Ford believes that asbestos-containing friction products were incorporated into its vehicles since it began selling mass production vehicles in the early 1900s. Ford states that asbestoscontaining friction products, on the majority of Ford's regular 101 production vehicles were phased out by 1984. Such products on the 111 remainder of the regular production vehicles were phased out by 12 j 1993 as suitable substitutes were found. However, Ford believes 13 9 asbestos is still used on some heavy trucks and limousines rear 14 brake assemblies as an appropriate substitute has not yet been 15 found for these applications. No one person authorized or directed 16 the "stoppage" of asbestos-containing friction products. Such 17 products were phased out as O.S.H.A regulations changed and 18 suitable alternatives were discovered. 19 B. Ford states that a brake lining is a narrow-rectangle, 20 shaped to fit around a circle. A clutch facing is a flat, round, 21 metal plate with two rings, one on each side of friction material. 22 The facing is between the fly-wheel of the engine and the pressure 23 plate of the transmission. 24 C. Ford states that it will provide Plaintiff with a copy of 251 a list of some historic suppliers of asbestos-containing friction 26 products. MYPEK. MABfiOirS. SCH1MANECX, kelly await iCmMTCwMOOtHUCTMl MNfMMQXXl CAIOWMAMIH -40- (( 1 D. As mentioned xn Ford's Preliminary Statement, Ford will * 2 make available for inspection at a mutually agreeable time in ' 3 Dearborn, Michigan, a collection of documents and other materials 4 pertaining to asbestos, which may contain information responsive to 5 this interrogatory. 6 E. Mr. Frederick King, a Ford Design Analysis engineer, is 71 generally knowledgeable regarding asbestos-containing friction 8 products. 9 INTERROGATORY MO. 41 10 Did YOU manufacture or have manufactured or distribute in the 11 United States for a foreign manufacturer ORIGINAL EQUIPMENT? If 12 so, please IDENTIFY each of YOUR authorized dealers during the 13 period 1930-1985 in the DEFINED GEOGRAPHIC AREA. 14 RESPONSE: 15 Without waiving its objections. Ford states that it sells its 16 vehicles and replacement parts through franchised dealers and 17 authorized distributors in every state. It is not feasible to 18 respond to this Request in part because of the record retention 19 program at Ford. Ford states that records of this nature, if ever 20 in the possession of Ford Motor Company, would no longer be in its 21 possession, as the retention period for documents of this nature is 22 less than 7 years. 23 To the extent that this interrogatory seeks an additional or 24 different response. Ford objects on the grounds that it is (a) 251 overly broad, (b) unduly burdensome, (c) premature, (d) lacks 26 8 particularity, and (e) seeks the discovery of information or jacamn M1RCOLES, SCHIMANECK, KELLY* WAIT on* autnu OlfOWUMIII -*1- (( documents that are neither relevant to the issues in this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 42 Did YOU or any of YOUR predecessors-in-interest MARKET brake shoes, brake blocks, brake pads, brake linings or brake bands for 71 any of the uses listed below at any time between 1930 and 1985? 8 A. Automobiles or light duty tracks; 9 B. Heavy duty tracks or trailers; 10 C. Buses or coaches; 11 D. Motorcycles; 12 E. Winches,-drilling rigs or other stationary machinery; 13 F. Aircraft; 14 G. Rubber tired crawlers, construction or farm equipment; 15 H. Railed'engines or cars including light railed vehicles; 16 I. Shipboard; 17 J. Off-road vehicles; 18 K. Forklifts; 19 L. Other uses. ' 20 RESPONSE: 21 Ford refers to and incorporates herein its response and 22 objections to Interrogatory No. 39. 23 INTERROGATORY NO. 43 24 For each use identified in Interrogatory No. 42, state: 25 A. The trade, brand and generic name by which the product 26 was known from 1930 to 1985; DHYDEN, MASCOLKS, J\ SCSMANBCK. KELLY* WAIT Motmnnnai tAKlMCaOCt CUJnOMMII -42- (( 1 B. The date(s) YOU: 2 1. began MARKETING the product; 3 2. ceased to MARKET the product; 4 3. recalled the product from the market/ if ever as a 5 I result of asbestos-related health concerns, if any; 61 C. A description of the type and grade of RAW ASBESTOS in 71 the ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos 8 | fiber by percentage of weight in each such ASBESTOS-CONTAINING 9 FRICTION PRODUCT for each year between 1930 and 1985, inclusive; 10 D. A general description of the physical appearance and 11 | NATURE of each type of ASBESTOS-CONTAINING FRICTION PRODUCT 12 including any generally used" method~of identification of the 13 product such as distinctive markings and/or logos and the date, 14 inclusive, during which they appeared. In addition to describing 15 the distinctive markings and/or logos, please IDENTIFY the 16 manufacturer or distributor of each type of ASBESTOS-CONTAINING 17 FRICTION PRODUCT; 18 E. IDENTIFY the suppliers of the RAW ASBESTOS used in each 191 type of ASBESTOS-CONTAINING FRICTION PRODUCT and the time period of 20 supply; 21 F. The purpose for the inclusion of asbestos in each type of 22 ASBESTOS-CONTAINING FRICTION PRODUCT (e.g., binding agent, fire 23 retardant, etc.); 24 G. The type of shipping package and the range of shipping 25 package dimensions, if not solid, and the inclusive period of time 26 during which YOU used each such container, package or carton; SSVB8H. macotm1 acsnuNECaKs.. I KELLTAWKAAITir I MCUVQBIUfVtCn| MxnuMcaaa ounauMti I -43- (X 1 H. A detailed description of any printed material or 2 trademark appearing on each type of container, package or carton \ 3 identified in G above and the inclusive period of time during which 4 each such combination of printed material and trademark was used; 5 I. A detailed description of any written instructions, 6 wrapping or printed insert which was or is placed in the container, 7 package or carton with each such product and the inclusive period 8 of time during which each instruction, wrapping or printed insert 9 was placed in the container, package or carton; 10 J. Whether or not YOU have in YOUR possession of under YOUR 11 control samples or exemplars of: 1) each container, package or 12 carton; 2) each-printed material or trademark-appearing thereon; or 13 3) each written instruction, wrapping or printed insert mentioned 14 in YOUR response to G, H and I above. 15 K. Did'YOU place edge codes on the ASBESTOS-CONTAINING 16 FRICTION PRODUCTS YOU MARKETED and, if so, during what period of 17 time?; 18 L. Either attach all DOCUMENTS or disks containing such 19 data, evidencing the information sought in this interrogatory and 20 its subparts to YOUR answer to these interrogatories or describe 21 such DOCUMENTS with sufficient particularity that they may be made 22 the subject of a request for production of documents; 23 M. IDENTIFY the person(s) presently most knowledgeable about I24 the information-sought .in this interrogatory or its subparts. 25 RESPONSE: 26 Without waiving any of the objections stated below. Ford 1SYDBN, MAftOOLES, scanuNKX KELLY* WAIT *U*MUNCBax CAUranuMit -44- ( ,c 1 states as follows: -^ 2 8 A. Ford has not mined, processed or manufactured asbestos- 31 containing friction products. Ford sold vehicles and replacement 41 parts which included asbestos-containing brake linings, pads and 51 clutch facings through thousands of franchised Ford dealers and 6 authorized distributors in the United States, under names such as 7 Ford, Mercury, Ford Authorized Remanufacturers, and under various 8 9 lines and series names such as-Motorcraft. -- 91 B. Ford believes that asbestos-containing friction products 10 8 were incorporated into its vehicles since it began selling mass 111 production vehicles in the early 1900s. Ford states that asbestos121 containing friction products,--on--the majority of Ford's regular 13 | production vehicles were phased out by 1984. Such products on the 14 remainder of the regular production vehicles were phased out by 15 1993 as suitable substitutes were found. However, Ford believes 16 asbestos is still used on some heavy trucks and limousines rear 17 brake assemblies as an appropriate substitute has not yet been 18 I found for these applications. Ho one person authorized or directed 19 the "stoppage" of asbestos-containing friction products. Such 20 products were phased out as O.S.H.A regulations changed and 21 suitable alternatives were discovered. - 22 C. Ford has not manufactured asbestos-containing brake linings, 23 pads or clutch facings. Ford purchased these products from suppliers. 24 Ford understands the type of asbestos fibers in these to be 25 chrysotile. However, since Ford does not manufacture these products, 26 it does not know percentages of asbestos that they contain, but. mvmM, SOaMAMKSC. KILLY* WAIT mchubmibii OUXWUHIU -45- (( 1 I generally, it Is thought to be, for example, between 40% 60% 2 asbestos, by weight, in brake linings. Ford will produce a list of 3 some historic suppliers for Plaintiff's reference. 4 D. Ford states that a brake lining is a narrow rectangle, 5 shaped to fit around a circle. A clutch facing is a flat, round, 6 metal plate with two rings, one on each side of friction material. 7 The facing is between the fly-wheel of the engine and the pressure 8 plate of the transmission. 9 E. Ford has not manufactured asbestos-containing brake linings, pads of clutch facings. Ford purchased these products from suppliers. 10 I11 Ford understands the type of asbestos fibers m these to be 12 chrysotile. However, since Ford does not manufacture these products, 13 it does not know percentages of asbestos that they contain, but, 14 generally, it is thought to be, for example, between 40% and 60% 15 asbestos, by weight, in brake linings. Ford will produce a list of 16 some historic suppliers for Plaintiff's reference. 17 F. Ford used these lining and pads to assist in braking through 18 transmitting rotational force from the engine and fly-wheel to the 19 rear wheels. * 20 G. Ford vehicles are generally not shipped in packages. 21 Aftermarket brake linings, pads and clutch facings are shipped in 22 cartons. With respect to the aftermarket brake linings sold by Ford, 23 the Ford logo, as well as a label which reads along the following 24 lines has been placed on cartons since 1960: 25 CAUTION: CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. 26 BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. WHEN mnmx, 4AKGOLE8, schmaseck. KELLY AWAIT OUffQWMMil MHiwiam -46- (r # 11 SERVICING THIS BRAKE LINING OR ANY COMPONENT RELATED TO IT OR LOCATED NEAR IT, PREVENT ASBESTOS DUST FROM BEING AIRBORNE BY VACUUMING THIS ASSEMBLY WITH AN INDUSTRIAL TYPE VACUUM CLEANER EQUIPPED WITH A HIGH EFFICIENCY FILTER SYSTEM AND BY WASHING THE 51 ASSEMBLY WITH AN APPROPRIATE BRAKE PARTS WASHER IF NECESSARY. 6 NEVER REMOVE DUST OR DIRT FROM THIS ASSEMBLY BY BLOWING WITH 7 COMPRESSED AIR. 8 H. Ford refers to and incorporates herein its response to 9 Interrogatory 43G. 10 I. Ford refers to and incorporates herein its response to 11 Interrogatory 43G. 12 J. Ford will produce a sample aftermarket carton used for an 13 asbestos-containing friction product. 14 K. Ford states that it did not place edge codes on 15 asbestos products. Ford purchases asbestos-containing friction 16 products from suppliers. The manufacturers of some asbestos17 containing friction products can be ascertained by part numbers, 181 formulation codes, and logos on the brake lining. 191 L. Ford will produce all documentation described in this 20 response. 21 M. Mr. Frederick King, a Ford Design Analysis engineer, is 22 generally knowledgeable regarding asbestos-containing 23 friction products. 24 To the extent that this interrogatory seeks an additional or 231 different response. Ford objects on the grounds that it is (a) 26 overly broad, (b) unduly burdensome, (c) premature, (d) lacks DRYDEN, HASCOLES, SCHIMANEOC, KELLY* WAIT CAUWfUKtlt (5IM4n) -47- ( ! 8 particularity/ and (e) seeks the discovery of information or 2 I documents that are neither relevant to the issues in this lawsuit 3 I nor reasonably calculated to lead to the discovery of admissible 4 6 evidence. 5 I INTERROGATORS' NO. 44 6 Di 7 clutch 8 for any 9 1985? 10 A. Automobiles or light duty tracks; 11 B. Heavy duty trucks or trailers; 12 C. Buses or coaches; 13 D. Motorcycles; 14 E. Winches, drilling rigs or other stationary machinery; 15 -- -F. -Aircraft;----------16 G. Rubber tired crawlers, construction or farm equipment; 17 H. Railed engine or cars, including light railed 181 vehicles; 191 20 216 I. Shipboard; . J. Off-road vehicles; K. Forklifts; 221 L. Other uses. 23 I RESPONSE? 241 . Ford refers to and incorporates herein its response and 25 8 objections to Interrogatory No. 39. 26 INTERROGATORT NO. 45 DKVBEN, mabcolbs. samuNEac. KELLY AWAIT MCMraMASROl MMfIKSMMOOnOl CAUFOKttAMlII MtawMm -48- \ (( 1 For each use identified in Interrogatory No. 44, state: 2 A. The trade, brand and genetic name by which the product 3 was known from 1930 to 1985; 4 B. The date(s) YOU: 5 1. began MARKETING the product; 6 2. ceased to MARKET the product; 7 3. recalled the product from the market, if ever, as 8 a result of asbestos-related health concerns, if any; 9 C. A description of the type and grade of RAH ASBESTOS in 10 the ASBESTOS-CONTAINING FRICTION PRODUCT and the range of 11 asbestos fiber by percentage of weight in each such ASBESTOS12 CONTAINING FRICTION PRODUCT for each year between 1930 and 1985, 13 inclusive; 14 D. A general description of the physical appearance and 13 NATURE of eaclr type of ASBESTOS-CONTAINING FRICTION PRODUCT 16 including any generally used method of identification of the 17 | product such as distinctive markings and/or logos and the dates. inclusive, during which they appeared. In addition to describing the distinctive markings and/or logos, please IDENTIFY the manufacturer or distributor of each type.of ASBESTOS-CONTAINING FRICTION PRODUCT; E. IDENTIFY the suppliers of the RAH ASBESTOS used in 23 I each type of ASBESTOS-CONTAINING FRICTION PRODUCT and the time 241 period of supply; 23 8 F. The purpose for the inclusion of asbestos in each type 26 8 of ASBESTOS-CONTAINING FRICTION PRODUCT (e.g., binding agent. lavseK itfABCOirS. SCmMAHECK. KELLY* WATT cHMUumnMmIUMMii -49- (( 1 fire retardant, etc.); 2 G. The type of shipping package and the range of shipping 3 package dimensions, if not solid, and the inclusive period of 4 time during which YOU used each such container, package or 5 carton; 6 H. A derailed description of any printed material or 7 trademark appearing on each type of container, package or carton 8 identified in G. above, and the inclusive- period of time during 9 which each such combination of printed material and trademark 10 was used; 11 I. A derailed description of any written instructions, 12 wrapping or .printed insert which was or is placed in the 13 container, package or carton with each such product, and the 14 inclusive period of time during which each instruction, wrapping 15 or printed insert was placed in the container, package or 16 carton; 17 j. Whether or not YOU have in YOUR possession or under 18 YOUR control samples or exemplars of: 1) each container, package 19 or carton; 2) each printed material or trademark appearing 20 thereon; or 3) each written instruction, wrapping or printed 21 insert mentioned in YOUR response to G, H and I above; 22 K. Did YOU place edge codes on the ASBESTOS-CCKTAINIKG 23 FRICTION PRODUCTS YOU MARKETED and, if so, during what period of 24 time?; 25 L. Either attach all DOCUMENTS or disks containing such 26 data, evidencing the information sought in this interrogatory MYDEN. dA&COLES, SCBBtAiftCK. KELLY* WAIT VJfflANCBtA GUIKNM041I! <419)04119 -50- (( 1 and its subparts to YOUR answers to these interrogatories or 21 describe such DOCUMENTS with sufficient particularity that they 3 fl may be made the subject of a request for production of 41 documents; 5 M. IDENTIFY the person(s) most knowledgeable about the 6 information sought in this interrogatory or its subparts. 7 RESPONSE; 8 Ford refers to and incorporates herein its response and 9 objections to Interrogatory No. 43. 10 INTERROGATORY NO. 46 11 Did YOU or any of YOUR predecessors-in-interest MARKET any 12 ASBESTOS-CONTAINING FRICTION PRODUCTS to any ORIGINAL EQUIPMENT 13 MANUFACTURER? If so, IDENTIFY each ORIGINAL EQUIPMENT MANUFACTURER to whom YOU MARKETED ASBESTOS-CONTAINING FRICTION I PRODUCTS and as to each ORIGINAL EQUIPMENT MANUFACTURER, 18 IDAE.NTIFEY itthherAaSBttEaScThOSa-CllONDTOACIUNMINEGNTSFRoICr TdIOisNksPRcOoDUnCtaT inthinagt sYuOcUh 19 dataM,AReKvEiTdEeDnctoingthtahne ainndfotrhmeatiniocnlussoivueghtyeinarsthtihsatinYtOeUrrodgidatsoor.y 20 and its subparts to YOUR answer to these interrogatories or 21 describe such DOCUMENTS with sufficient particularity that they 22 may be made the subject of a request for production of 23 documents; 24 B. IDENTIFY the person(s) presently most knowledgeable 25 about the information sought in this interrogatory or its 261 subparts. UtGOLES, ^CBIUAMECX, KELLY AWAIT SAirfiANcaai C(UASUIMTMOTMUUNtll -51- (( RESPONSE: Ford refers to and incorporates herein its response and objections to Interrogatory No. 43. INTERROGATOR* NO. 47 Did YOU or any of YOUR predecessors-in-interest MARKET any ASBESTOS-CONTAINING FRICTION PRODUCTS to any PRIVATE BRAND 71 ACCOUNT CUSTOMER? If so, for each PRIVATE BRAND ACCOUNT 81 CUSTOMER, IDENTIFY and describe the NATURE of the product 9 MARKETED to that PRIVATE BRAND ACCOUNT CUSTOMER, the inclusive 10 dates thereof and, if known, the name(s) under which the PRIVATE 11 BRAND ACCOUNT CUSTOMER MARKETED the product. 12 A. DESCRIBE to the best, of YOUR Jgiowledge how the PRIVATE 13 BRAND ACCOUNT CUSTOMER MARKETED the product which YOU sold or 141 distributed to it; IS S B. Either attach, all DOCUMENTS or disks containing such 161 data, evidencing the information sought in this interrogatory or 17 8 its subparts to YOUR answers to these interrogatories or 181 describe such DOCUMENTS with sufficient particularity that they 191 may be made the subject of a request for production of ' 201 documents; 211 C. IDENTIFY the person (s) presently most knowledgeable 221 about the information sought in this interrogatory or its 23 B subparts. 24 RESPONSE: 25 Ford refers to and incorporates herein its response and 26 objections to Interrogatory No. 43. DRYDEH, UBGOU8. SOMANECX. <0EU.YWAir f MQmMAXUR tun Mao UftfSAMCSCOL NlQMMni -52- f \ ( 1 I INTERROGATORY HQ. 46 2 | Did YOU or any of YOUR predecessors-m-interest MARKET any 3 | ASBESTOS-CONTAINING FRICTION PRODUCTS to any AFTER MARKET or 4 | REPLACEMENT PART RETAILER operating 10 or more stores in the 5 I GEOGRAPHIC AREA? If so, IDENTIFY each AFTER MARKET or 6 | REPLACEMENT PART RETAILER in the GEOGRAPHIC AREA and for each 71 please state: 8 8 A. The inclusive years during which YOU MARKETED products 9 to said AFTER MARKET or REPLACEMENT PART RETAILER; 10 B. IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS 11 which YOU MARKETED to the AFTER MARKET or REPLACEMENT PART 12 RETAILER; 13 C. Either attach all DOCUMENTS or disks containing such 14 data, evidencing the information sought in this interrogatory 15 and its subparts to YOUR answers to these interrogatories or 16 describe such DOCUMENTS with sufficient particularity that they 17 may be made the subject of a request for production of 18 documents; 19 D. IDENTIFY the person(s) presently most knowledgeable 20 about the information sought in this interrogatory or its 21 subparts. 22 RESPONSE; 23 Ford refers to and incorporates herein its response and 24 | objections to Interrogatory No. 43. 25 8 INTERROGATORY NO. 49 26 Did YOU or any of YOUR predecessors-in-interest MARKET any VRVDEN, jCBBiAMBOt, KELLY * WAIT caupoooa mm ammo mamcdox C4UMMAM1U WQMX4TU -53- 1 8 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse 2 8 distributor who MARKETED the product under YOUR name in the 3 8 GEOGRAPHIC AREA? If so, IDENTIFY each warehouse distributor who 4 MARKETED the product under YOUR name in the GEOGRAPHIC AREA and 5 for each state: 6 A. The inclusive years during which YOU MARKETED 7 ASBESTOS-CONTAINING FRICTION PRODUCTS to said warehouse 8 distributor who distributed the product under YOUR name; 9 B. IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS 10 which YOU MARKETED to the warehouse distributor who distributed 11 the products under YOUR name; 12 C. Either attach all DOCUMENTS or disks containing such 13 data, evidencing the information sought in this interrogatory 141 and its subparts to YOUR answers to these interrogatories or 15 describe such DOCUMENTS with sufficient particularity that they 161 may be made the subject of a request for production of 17 documents; 181 D. IDENTIFY the person(s) presently most knowledgeable 19 about the information sought in this interrogatory or its 20 subparts. - 21 RESPONSE: 22 Ford refers to and incorporates herein its response and 23 objections to Interrogatory No. 43. 24 INTERROGATORY NO. SO 25 Did YOU or any of YOUR predecessors-in-interest MARKET any 26 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse Dsnmat, makcoles, SCBIMARECIC, KELLY A WAIT onouMMusrttR suntans MtfSMue&cci CAiUtKMAXII! -54- I distributor who MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS under a name other than YOURS in the GEOGRAPHIC AREA? If so, IDENTIFY each warehouse distributor who MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS under a name other than YOURS in the GEOGRAPHIC AREA and for each please state: A. The inclusive years during which YOU MARKETED 71 ASBESTOS-CONTAINING FRICTION PRODUCTS through said warehouse 8 I distributor; . 91 B. IDENTIFY the products which YOU MARKETED through the 10 warehouse distributor and for each the name under which the 11 warehouse distributed MARKETED the product; 12 C. Either attach all DOCUMENTS or disks containing such 13 data, evidencing the information sought in this interrogatory 141 and its subparts to YOUR answers to these interrogatories or 151 describe such DOCUMENTS'with-sufficient particularity that they 161 may be made the subject of a request for production of 171 documents; 18 D. IDENTIFY the person(s) presently most knowledgeable 19 about the information sought in this interrogatory or its 20 subparts. 21 RESPONSE: 22 Ford refers to and incorporates herein its response and 23 objections to Interrogatory No. 43. 24 I INTERROGATORY NO. 51 25 Did YOU or any of YOUR predecessors-in-interest MARKET any 26 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating DKYDEN. MARCOLES, SCBIMAHZCK. KELLY A WAIT cncAunmunun MrUHOCOi CAUKKMIAtalU 55- (1 lc . ( 1 10 or more stores in the GEOGRAPHIC AREA who sold ASBESTOS2 CONTAINING FRICTION PRODUCTS under YOUR name m the GEOGRAPHIC 3 AREA? If so, IDENTIFY each retailer who sold ASBESTOS4 CONTAINING FRICTION PRODUCTS under YOUR name in the GEOGRAPHIC 5 AREA and for each state: 6 A. The inclusive years during which YOU MARKETED 7 ASBESTOS-CONTAINING FRICTION PRODUCTS to said retailer who sold 8 the product under YOUR name; 9 B. Please identify the ASBESTOS-CONTAINING FRICTION 10 PRODUCTS which YOU MARKETED to the retailer who sold the product 11 under YOUR name; 12 C. Either attach all DOCUMENTS or disks containing such 13 I data, evidencing the information sought in this interrogatory 14 I and its subparts to YOUR answers to these interrogatories or 15 describe such DOCUMENTS with sufficient particularity that they 16 may be made the subject of a request for production of 17 documents; 18 D. IDENTIFY the person(s) presently most knowledgeable 19 about the information sought in this interrogatory or its 20 subparts. 21 RESPONSE: 22 Ford refers to and incorporates herein its response and 23 objections to Interrogatory NO. 43. 24 INTERROGATORY NO. 52 25 Did YOU or any of YOUR predecessors-in-interest MARKET any 26 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating DRYDEH MABCOLE* SOnMANECX, KELLY A WAIT on oummcAmm MCfUMSCQ, CAURMANUI -56- r .r 1 10 or more stores in the GEOGRAPHIC AREA who MARKETED the 2 product under any other name in the GEOGRAPHIC AREA? If so, 3 I IDENTIFY each retailer who MARKETED the product under any other 4 I name in the GEOGRAPHIC AREA and for each state: 5 A. The inclusive years during which YOU MARKETED products 6 through said retailer; 7 B. IDENTIFY the products which YOU MARKETED through each 8 retailer and, for each, the name under which the retailer 9 MARKETED the product; 10 C. Either attach all DOCUMENTS or disks containing such 11 data, evidencing the information sought in this interrogatory 12 and its subparts to YOUR answers_to .these interrogatories or 13 describe such DOCUMENTS with sufficient particularity that they 14 may be made the subject of a request for production of 15 documents r "' * 16 D. IDENTIFY the person (s) presently most knowledgeable 17 about the information sought in this interrogatory or its 18 subparts. 19 RESPONSE: - 20 No. 21 INTERROGATORY HO. 53 22 Did YOU or any of YOUR predecessors-in-interest MARKET any 23 ASBESTOS-CONTAINING FRICTION PRODUCTS to any FABRICATOR OF 24 jQRIGINALJSQOIFMENT PARTS? If SO, IDENTIFY each FABRICATOR OF 25 ORIGINAL EQUIPMENT PARTS to whom YOU MARKETED products and as to 26 each FABRICATOR OF ORIGINAL EQUIPMENT PARTS, state: dryden, MARGOLES, XaOMANECK kelly await wnwaw* wmwMii -57- (( A. The inclusive years during which YOU MARKETED said products to each FABRICATOR OF ORIGINAL PARTS; B. IDENTIFY each product YOU MARKETED to each FABRICATOR OF ORIGINAL PARTS; C. Either attach all DOCUMENTS or disks containing such data/ evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or 8 1 describe such DOCUMENTS with sufficient particularity that they 9 may be made the subject of a request for'production of 10 documents; 11 D. IDENTIFY the person(s) presently most knowledgeable 12 about the information sought-in this interrogatory or its 13 subparts. 14 RESPONSE: 15 Ford refers to and incorporates herein its response and 16 objections to Interrogatory NO. 43. 17 INTERROGATOR? NO. 54 18 Did YOU or any of YOUR predecessors-in-interest MARKET any 19 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or ' 20 department of the U.S. Government? If so, IDENTIFY each agency 21 or department of the U.S. Government to whom YOU MARKETED 22 products and as to each agency or department of the U.S. 23 Government IDENTIFY the product that YOU MARKETED to then and 24 the inclusive years that YOU did so. 25 A. Either attach all DOCUMENTS or disks containing such 26 data, evidencing the information sought in this interrogatory JKYDEN, MAKCOLSS, 8CHIMANECK, KELLY* WAIT Mnunm caureaMAMui -58- r 1 and its subparts to YOUR answers to these interrogatories or 2 8 describe such DOCUMENTS with sufficient particularity that they 3 8 may be made the subject of a request for production of 4 8 documents; 5 B. IDENTIFY the person (s) presently most knowledgeable 6 about the information sought in this interrogatory or its 7 subparts. 8 RESPONSE: 9 -- -- Without waiving its objections below. Ford states that it 10 sells its vehicles and replacement parts through franchised 11 dealers, authorized distributors and to the U.S. Military. 12 Vehicles sold to the U.S._Military contained friction products, 13 some of which contained asbestos containing brake linings and pads. 14 Further, Ford states that as mentioned in its Preliminary 15 Statement, Ford will make available for inspection at a mutually 16 agreeable time in Dearborn, Michigan, a collection of documents and 17 other materials pertaining to asbestos, which may contain 18 R information responsive to this request. 191 To the extent that this interrogatory seeks an additional 201 or different response. Ford objects on the grounds that it is (a) overly broad, (b) unduly burdensome, (c) premature, (d) lacks particularity, and (e) seeks the discovery of information or documents that are neither relevant to the issues in this 24 8 lawsuit nor reasonably calculated to lead to the discovery of 25 8 admissible evidence. 26 8 /// dkyden, makgoles, SCBDMNECK, KZLLYA WAIT ONtCAURnUl suntan mmwuxoscq, CAUFORMAttttI -59- cf INTERROGATORS- NO. 55 Did YOU or any of YOUR predecessors-in-interest MARKET 3 fl any ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or 4 I department of any governmental entity other than the U.S. 5 Government? If so, IDENTIFY any agency or department of any 6 governmental entity other than the U.S. Government to whom YOU 7 MARKETED products and as to each agency or department of saxd ' 8 I governmental entity other than the. U.S. Government, IDENTIFY 91 the product that YOU MARKETED to them and the inclusive years 101 that YOU did so. II | A. Either attach all DOCUMENTS or disks containing such 121 data, evidencing the information sought in this interrogatory 13 1 and its subparts to YOUR answers to these interrogatories or 14 8 describe such DOCUMENTS with sufficient particularity that 151 they may be made the subject of a request for production of 16 documents; 17 B. IDENTIFY the person(s) presently most knowledgeable 18 about the information sought in this interrogatory or its 19 subparts. 20 RESPONSE: 21 Ford refers to and incorporates herein its response and 22 objections to Interrogatory No. 43. 23 INTERROGATORY NO. 56 24 Did YOU purchase or acquire any of the RAN ASBESTOS YOU 25, used, processed, manufactured, supplied, distributed, labeled 26 or sold from the General Services Administration or any branch ttCOLES, ~-HZMANECK. kelly a wait twrMNason (AURRMAMIM -60- c 1 or agency of the U.S. Government during the period 1930 to , 2 1985? If yes, state: 3 A. The name and address of the agency which supplied 4 the RAH ASBESTOS; 5 B. The grade and types of RAW ASBESTOS purchased or 6 acquired; ' 7 C. The quantities of each type of RAN ASBESTOS 8 purchased or acquired from 1930 to 1985; 9 D. The means of packaging; 10 E. Any health warning which accompanied each shipment 11 of asbestos and indicate when the warnings were first made; 12 F. Either attach all DOCUMENTS or disks containing such 13 data, evidencing the information sought in this interrogatory 14 and its subparts to TOUR answers to these interrogatories or 15 describe such.TOCTJMENTS .with sufficient particularity that 16 they may be made the subject of a request for production of 17 documents; 18 G. IDENTIFY the person(s) presently most knowledgeable 19 about the information sought in this interrogatory or its 20 subparts. 21 RESPONSE: 22 Without waiving the objections below. Ford states that it 23 has not manufactured asbestos-containing brake parts used in its 24 production vehicles and, therefore, has not purchased processed 25 asbestos used m their manufacture. 26 To the extent that this interrogatory seeks an additional vnm IARCOLES, scmMAmcic. kzlly a wait CKtCfttflOCMASI MtfKANCBCa GftUXKjlUtmi -61- (( or different response. Ford objects on the grounds that it is (a) overly broad, (b) unduly burdensome, (c) lacks particularity, (d) premature, (e) forms an improper opinion, and (f) seeks the discovery of information or documents that are neither relevant to the issues in this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 57 8 As to each ASBESTOS-CONTAINING FRICTION PRODUCT listed in 9 YOUR preceding answers to these interrogatories, did DEFENDANT 10 warn of the health hazards of asbestos? If so, state for each 11 such warning: ' 12 A. The content, size, color and location; whether the 13 warning appeared on the material and/or on the container 14 and/or placed on a tag; whether the warning was included in 15 contracts; whether the warning was included in advertising or 16 other promotional material; 17 B. State whether YOU have any photographs thereof; 18 C. The inclusive dates on which YOU used each such 19 warning; - 20 D. State all changes YOU made in such warnings and the 21 dates of such changes; 22 E. IDENTIFY the person most knowledgeable about YOUR 23 warnings and warning policy; 24 F. Do YOU have or know of samples, photographs or 25 DOCUMENTS depicting the above warnings? 26 /// aavDZM. mascous SCE1MANECK. I KELLY* WAIT | ok* curasoAman I MAAMBA I CAUKMMA*III -62- ( RESPONSE: Ford refers to and incorporates herein its response and 3Jobjections to interrogatory No. 56. 4 g INTERROGATORY NO. 58 51 State whether any surveys or studies of ambient asbestos 61 dust have been conducted by YOU or on YOUR behalf at vehicle 7 8 repair or maintenance facilities. 81 such survey or study: If yes, state as to each 91 A. The subject matter, title and date of each study; 108 B. The date and the name of the person authorizing the 111 study; 121 C. The reason for the study; 131 14 8 D IDENTIFY the persons who conducted the study; E. The date the study was completed; 15 B F. Whether the results were published and disseminated 161 and, if so, where and to whom; 17 Q G. The results of the study; 181 H. If statistical analyses were made, state the date 19 8 and describe the results and assumptions upon which they were 201 based; 211 I. Either attach all DOCUMENTS or disks containing such 221 data, evidencing the information sought in this interrogatory 23 and its subparts to YOUR answers to these interrogatories or 24 describe such DOCUMENTS with sufficient particularity that 251 they may be made the subject of a request for production of 26 documents; dbvden, Marcoles. SCSIMANECX, Duy* WAIT OCBOOlVQKKUmSFl SAM IVAXCBCOk COSQIMUMIII -63- r -( 1| J. IDENTIFY the person (s) presently most knowledgeable 21 about the Information sought in this interrogatory or its 3 | subparts. 4 J RESPONSE; 5 B Without waiving the objections stated below. Ford states 6 that in the early 1970's Arnold Anderson and Roy Gealer of 7 Ford's Scientific Research Staff conducted tests to determine 8 the quantity of asbestos fibers liberated from brake linings 9J during the braking process. They concluded that over 99.98% 10 8 of the asbestos fibers m brake linings decomposed during the 111 braking process into other materials. Their results were 12 8 published in a 1973 SAE paper by A. Anderson and R. Gealer 13 entitled "Asbestos Emissions From Brake Dynamometer Tests." 14 In 1973, Ford's Industrial Hygiene Department conducted 15 air sampling tests on brake linings being cleaned by brake 16 mechanics using air hoses. They determined that asbestos 17 levels were well below existing or proposed O.S.H.A. 18 standards. This testing was done by Hr. Anderson and Henry 19 Lick, under the supervision of Paul Toth, the then manager of 20 Industrial Hygiene. . 21 In addition. Ford partially financed studies done at Mt. 22 Sinai School of Medicine which reached the same conclusions as 23 the Ford Anderson/Gealer studies. 24 To the extent this request seeks an additional or 25 different response. Ford objects to this request on the 26 grounds that it (a) is overly broad, (b) seeks information WYDEN. UKGOLE& SCTOMANKK. KELLY* WATT MRwaat GAUKKKU9|t -64- (( that is neither relevant to the subject matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the items sought. INTERROGATORY NO. 59 With respect to each product identified in YOUR answers 81 to these interrogatories, describe: 9 A. The procedure which YOU recommended for installing 10 the ASBESTOS-CONTAINING FRICTION PRODUCT in the vehicle or 11 machine for which it was manufactured; 12 B. The procedure which YOU recommended for removing the 13 I ASBESTOS- CONTAINING FRICTION PRODUCT from the vehicle or 141 machinery for which it was manufactured; 15 C. Whether the procedure YOU recommended for the use, Id maintenance or servicing of the ASBESTOS-CONTAINING FRICTION 17 PRODUCT included: 18 1. Grinding; 19 2. Arcing; 20 3. Beveling; 21 4. Sanding. 22 D. Either attach all DOCUMENTS or disks containing such 23 data, evidencing the information sought in this interrogatory 24 and its subparts to YOUR answers to these Interrogatories or 25 {[describe such DOCUMENTS with sufficient particularity that 26 they may be made the subject of a request for production of D8YDEN. mabooi.es. JCHDMNECX, KELLYAt WAIT mournn, ssniao tMinuuKacn cumwMii MW IAATH -65- f( 11 documents; 21 E. IDENTIFY the person(s) presently most knowledgeable 3 I about the information sought in this interrogatory or its 4 8 subparts. I5 RESPONSE: 61 Without waiving the objections stated below. Ford states 7 I as follows: 81 A-B Ford issued an August 3, 1973, memorandum to Plant B9 Safety Engineers directing that brake drums be cleaned using 10 industrial type vacuum cleaners. The mono directed that air 11 hoses should not be used to clean brake drums. 12 Simultaneously, Maintenance Bulletin 137 was issued by the 13 Plant Engineering Office to the same effect. 14 On October 24, 1975, Ford Technical Service Bulletin 99 was 151 distributed to- Ford*and Lincoln-Mercury Dealers. It recommended 161 that a vacuum cleaner be used for cleaning brakes. In January 171 1976, a Technical Service Bulletin 104 was issued to the dealers 181 indicating that Ford recommended the use of an industrial vacuum 191 cleaner in brake cleaning operations. The 1977 edition of the 20 Rotunda Catalog and Ford's Shop Manual for Dealerships 21 recommended that brakes not be cleaned with an air hose and that 22 a vacuum cleaner be used for this purpose. In November 1983, 23 Ford issued Bulletin No. 83-22 on brake and clutch servicing. 24 Technical Service Bulletins are presently distributed to 25 & approximately 29,000 Ford and Lincoln-Mercury dealer 261 technicians. These documents are the results of corporate DKYIWK, MACCOLES. SCBDOAHECK. KELLY* WAIT Caurmumiu MW4Tli -66- (( 11 activity and are not the work of any single author. These 21 bulletins have not been superseded. In the spirit of 31 cooperation. Ford will produce the above described documents. 41 C. At one time, it was the practice to shape and fit 5 fi linings by cutting, grinding and beveling. Also, at one time. 6 it was the practice to affix friction material to the metal 7 shoes or plates by riveting and bonding. 8 D. Ford_stat.es that as mentioned in its Preliminary 9 Statement, Ford will make available for inspection at a mutually 10 agreeable time in Dearborn, Michigan, a collection of documents and 11 other materials pertaining to asbestos, which may contain 12 information responsive to this request. 13 E. Mr. Frederick King, a Ford Design Analysis engineer, 14 is generally knowledgeable regarding asbestos-containing 15 friction products. - - ` 16 To the extent this interrogatory seeks an additional or 17 different response. Ford objects to this interrogatory on the 18 grounds that it is (a) overly broad, (b) unduly burdensome and 19 oppressive, and (c) vague and ambiguous. - 20 INTERROGATOR? NO. 60 21 Did any of the individuals or COMPANIES identified in 22 YOUR answer to Interrogatory Nos. 46-55 inclusive and 23 Interrogatory No. 61 have an exclusive relationship with YOU? 24 If so, IDENTIFY th^ individual or COMPANY, the production for 25 which the exclusive relationship existed and the inclusive 26 dates of the exclusive relationship. 'WDEN. ARCOLZ8, scantANKx KELLYA WAIT CUMMAKIIt -67- (( 1 A. Either attach all DOCUMENTS or disks containing such 2 data, evidencing the information sought in this interrogatory 3 and its subparts to YOUR answers to these interrogatories or 4 describe such DOCUMEOTS with sufficient particularity that 5 they may be made the subject of a request for production of 6 documents; 71 B. IDENTIFY the person(s) presently most knowledgeable 8 fi about the information sought in this interrogatory or its 9 Bsubparts. 10 | RESPONSE: . 11 No. 12 INTERROGATORY NO. 1 13 Did YOU at any time between 1930 and 1985 own or operate 14 a wholesale or retail business or store in the DEETNED IS GEOGRAPHIC AREA at which ASBESTOS-CONTAINING FRICTION PRODUCTS 16 were MARKETED? If so: 17 A. State the name, address and years that the BUSINESS 18 or store were in operation; 19 B. IDENTIFY the owner and operator of the store or 20 BUSINESS and the inclusive dates thereof; 21 C. IDENTIFY and describe the NATURE of the ASBESTOS- 22 CONTAINING FRICTION PRODUCTS sold at the BUSINESS or store and 23 the inclusive dates thereof; 24 D. Did the store of BUSINESS have an exclusive 25 1 relationship with any manufacturer or MARKETER of ASBESTOS26 I CONTAINING FRICTION PRODUCTS? If so, IDENTIFY the DSYDEK UKCOiXS, SCUZMAHECX. KILLY* WATT cncMoaMkiniR unn MVfluMoaai amuwu --6688-- ( 11 manufacturer or MARKETER, IDENTIFY the ASBESTOS-CONTAINING 2 8 FRICTION PRODUCTS and state the inclusive dates of the 31 exclusive relationship; 41 E. Either attach all DOCUMENTS or disks containing such 5 data, evidencing the information sought in this interrogatory 6 and its subparts to YOUR answers to these interrogatories or 7 describe such DOCUMENTS with sufficient particularity that 81 they may be made the subject of a request for production of 91 documents; 101 F. IDENTIFY the person (s) presently most knowledgeable 111 about the information sought in this interrogatory or Its 12| subparts. 13 8 RESPONSE; 141 Without waiving its objections below. Ford states that it 15 sells vehicles and replacement parts through franchised 16 dealers and authorized distributors throughout the United 17 States. 181 To the extent this interrogatory seeks an additional or 191 different response. Ford objects to this interrogatory on the 201 grounds that it is (a) overly broad, (b) unduly burdensome and 211 oppressive, and (c) vague and ambiguous. INTERROGATORY MO. 62 If any person YOU have identified in YOUR answers to these interrogatories has had his or her deposition taken, IDENTIFY the deposition by the name of the deponent, the date the deposition was taken, the caption and number of the action in 'ttTOEK, iRooua, SUMANEOC nuYiwur MCktaomu metmo MJtnuNam CAURDWU94IU <09SMB 69- (( 1 which it was taken, the court which had jurisdiction over the 2 action in which it was taken (including state and county) and 3 either the name and address of the court reporting agency which 4 took the deposition or the name and address of deponent's 5 counsel of record. 6 RESPONSE: 7 Without waiving the objections states below. Ford refers 8 to and incorporates herein its response to Interrogatory No. 12. 9 Ford further states that Mr. Fredrick King has been deposed in 10 several cases on behalf of Ford, however, none of these cases n alleged asbestos-related injuries. 12 To the extent this interrogatory seeks an additional or 13 different response. Ford objects to this interrogatory on the 14 grounds that it (a) is overly broad and unlimited in scope, (b) 15 seeks information that is neither relevant to the subject matter 16 of this lawsuit nor reasonably calculated to lead to the 17 discovery of admissible evidence at the trial of this matter, 18 (c) is unduly burdensome and oppressive, (d) is premature in 19 nature, and (e) seeks information that is in the public domain 20 and is equally accessible to Plaintiffs as to Ford. 21 22 DATED: January 16, 1998 23 24 25 26 ABYBEK. MABOOLBS. ctmaneoc. KHIVA WAIT mnw CttflWIUMtlt I -70- STATE OF MICHIGAN COUNTY OF WAYNE ) ) ) ( ______ MARK S. SPARSCHU, being duly sworn, deposes and says that the deponent is an authorized agent ofFord Motor Company, and that the deponent verifies the foregoing FORD MOTOR COMPANY'S RESPONSE TO PLAINTIFFS1 STANDARD INTERROGATORIES for and on behalfofFord Motor Company and is duty authorized so to do; that the matters stated therein are not within the personal knowledge of the deponent; that the facts stated therein have been assembled by authorized employees and counsel ofFord Motor Company, and the deponent is informed that the facts stated therein axe true. 20 21 Subscribed and sworn to before me this 22 /C? day of. 1998 23 24 ^JjiL&sd'LJ4J 25 LORRAINE SCHNEIDER 2S Acting in Wayne County. Michigan My Comussion Expires February 19.2K8 27 20 29 Page 65 AFFIDAVIT OF SERVICE STATS OF CALIFORNIA, COUNTY OF ALAMEDA I, JULIE M. JACOBY, declare: 4 I am a citizen of the United States, over 18 years of age and not a party to the within action. I am employed in the 5 County of Alameda; my business address is 1999 Harrison Street, Eighteenth Floor, Oakland, California. 6 On January 30, 1998, I served the within: 7 RESPONSES OF FORD KOTOR COMPANY TO GENERAL ORDER 129 STANDARD 8 INTERROGATORIES TO FRICTION DEFENDANTS 9 on all parties in this action, as addressed below, by causing a true copy thereof to be distributed as follows: 10 X BY MAIL: I am "readily familiar" with the firm's 11 practice of collection and processing correspondence for mailing. Under that practice it would be deposited 12 with U.S. postal service on that same day with postage thereon fully prepaid in the ordinary course of 13 business. I am aware that on motion of the party served, service is presumed invalid of postal 14 cancellation date or postage meter date is more than one day after the date of deposit for mailing in 15 affidavit. i 16 BY HAND DELIVERY: I caused such envelope to be hand delivered to the stated parties. 17 VIA TELEFACSIMILE: I caused such documents to be 18 transmitted via telefacsimile to the stated parties at their respective facsimile numbers. 19 VIA EXPRESS CARRIER: I caused such documents to be 20 collected by an agent for _________________________ to be delivered to the offices of the stated parties. 21 BRATTON HARLEY CURTIS BERRY & BERRY 22 222 Rush Landing Road P.O. Box 2109 1300 Clay Street, 9th PI. station D, P.O. Box 70250 23 Novato, CA 94948 Oakland, CA 94612-0250 24 25 26 27 28 4M0M,C00K tOftH. uii4ima,vu ItMMammstMl BenMMtnm WMIUMUIUI ftt 1914) 199-9940 Harry F. Wartnick, Esq. WARTNICK, CHABER, et al. 101 California St., Ste. San Francisco, CA 94111 2675 ADAMS, NYB, SINUNU & WALKER One Jackson Place 633 Battery Street, Ste. 500 San Francisco, CA 94111 -1- FREEBURG, JUDY, MACCHIAGODENA & NBTTELS 600 South Lake Ave., 2nd Fl. Pasadena, CA 91106 HASSARD, BONNINGTON, ROGERS > HUBER 2 Embarcadero Center Ste. San Francisco, CA 94111 1800 r I 1 3RAN, 2 -er, 18th 3 *4111-3715 4 the penalty of perjury, under the laws of *nia that the foregoing is true and correct. 5 Executed on January 30f 1998, aJ^Oakland, California. '' 6 7 e JULIE M. JACOpYlv 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 mm,coe lorn. Mtt4KM(Z,Ur rtf.($ieii740 OKQ4U4UI 0000100001 EB 199174 -2-