Document Eq9DJR3KbgZ5R6LnwLZe9k4yj
FILE NAME Paccar PAC
DATE 2004 July 16
DOC PAC010
DOCUMENT DESCRIPTION Legal - Paccar Answers to Plaintiffs Interrogatories All litigation filed by the Simmons Firm LLC Ex G
EXHIBIT G
IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT
MADISON COUNTY ILLINOIS
IN RE ALL ASBESTOS LITIGATION
)
FILED BY THE SIMMONS FIRM LLC Nee
Nee
Plaintiffs ..
Ne
See
V.
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A.W. CHESTERTON et al
Nae?
Name
Defendants
)
7/16/04 7/16/04 7/16/047/16/04 7/16/04
Rose
File
PACCAR INC'S ANSWERS TO PLAINTIFFS INTERROGATORIES
TO Plaintiffs by and through their attorneys of record The Simmons Firm LLC
PACCAR INC one of the Defendants in the referenced cause of action provides its Objections and Responses to Plaintiffs Interrogatories
PRELIMINARY PRELIMINARY
PRELIMINARY PRELIMINARY
STATEMENT STATEMENT
These responses are provided only for those products to which Plaintiff has alleged exposure These responses are based on an ongoing review of PACCAR's documents and - information obtained from ongoing discussions with various PACCAR personnel Much of the information requested dates back many years and is difficult or impossible to reconstruct or retrieve Therefore PACCAR reserves the right to amend these responses if more information becomes available No single employee officer or agent of PACCAR has direct knowledge of the documents necessary to supply each and every answer The person signing these Answers to Interrogatories does so to satisfy whatever requirements may exist under the applicable rules The person does not however have direct knowledge regarding any specific answer but is informed
that the review of the documents and discussion referred to above support the answers based on the information as of the date of the signature
GENERAL OBJECTIONS
PACCAR objects to Plaintiff's interrogatories to the extent that they seek information concerning products other than those products to which Plaintiff has alleged exposure and therefore seek information which is wholly irrelevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence
PACCAR objects to the Plaintiff's interrogatories to the extent that they seek corporate
knowledge as it is impossible for PACCAR to set forth the collective knowledge of all of its
past or present employees PACCAR reserves the right to revise correct supplement and
amend its answers to provide information discovered subsequent to the answers contained herein
PACCAR asserts the following objections and incorporates each by reference into each and every
answer to Plaintiff's interrogatories set forth herein
a
PACCAR asserts the right to object on the grounds of competency privilege
relevancy materiality or any other proper ground to the use of any said answers for any purpose
in whole or in part in any subsequent step or proceedingin this action or any other action. | b PACCAR asserts the right to object on any other ground to other interrogatories
or other discovery procedures involving or relating to the subject matter of the interrogatories
answered herein
c
PACCAR asserts the right to at any time revise correct supplement or clarify
any of the answers or objections set forth herein
PACCAR objects to the instructions and definitions as outlined in the Plaintiff's interrogatories as overly broad unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence PACCAR further objects to the instructions and definitions as set forth by the Plaintiff in that the definitions contain meanings and defined terms consistent with the Plaintiff's and not this Defendant's interpretation of these defined terms and phrases
PACCAR objects to the Plaintiff's interrogatories to the extent that they involve matters outside of the geographical area at issue in this litigation and limits its answers to said area and
specifically to those job sites identified by Plaintiff and workers in this case
Further these interrogatories ask PACCAR to disclose information most of which may no longer exist or may not be readily available which is unrelated to the claimed work sites the products allegedly used or to which exposure is alleged the locations at which any PACCAR product was allegedly used the conditions under which the products were allegedly used the time period during which any PACCAR product was allegedly in use at any alleged work sites or the time periods during which exposure to a PACCAR product allegedly occurred Thus these interrogatories are overly broad in time scope and location seek information which is neither material nor relevant to the issues in this litigation or are otherwise not reasonably calculated to lead to the discovery of admissible evidence
These interrogatories are oppressive and burdensome and would require PACCAR to undertake a massive and extraordinary document search the results of which would have little to no demonstrable bearing on this matter in light of the alleged exposure
These interrogatories are not susceptible to a response because they request information which dates back many years and is now virtually impossible for PACCAR to reconstruct or
retrieve in its entirety
PACCAR objects to these interrogatories because they were propounded to harass and coerce a settlement despite the lack or complete absence of verifiable product information and the lack of evidence of injury as a result of alleged exposure to or use of any product which
PACCAR may or may not have manufactured
PACCAR objects to these interrogatories because they are propounded for an additional
improper purpose namely as a fishing expedition for the purposes of obtaining information
~ that may maybe taken out of context byPlaintiff's counselto create allegations againstPACCAR ~~ where none maylegitimatelyexist
PACCAR reserves the right to assert additional objections and to clarify amend or modify these answers at any time as deemed necessary and appropriate by PACCAR PACCAR reserves the right to object to the use of these answers at trial or any other proceeding as deemed necessary and appropriate by PACCAR
PACCAR objects to these Interrogatories to the extent that Plaintiff has failed to identify with specificity the PACCAR product allegedly used by or around Plaintiff at any of his work
sites
PACCAR objects to these interrogatories as overly broad in that they seek information from entities other than itself or its predecessors PACCAR over the course of its long history has owned several businesses which are not involved in the instant litigation Therefore PACCAR makes all responses to these interrogatories and all references in the interrogatories to your
company are assumed to refer to PACCAR truck divisions Peterbilt Motors Company and Kenworth Truck Company only
PACCAR objects to the Plaintiff's discovery requests to the extent they seek production of any information constituting a trade secret confidential financial data or other confidential research development or commercial information
PACCAR objects on the basis that these interrogatories are argumentative in that they assume the PACCAR products which may have contained asbestos create a health hazard which
PACCAR denies
PACCAR objects to these interrogatories on the basis that they are vague and ambiguous Interrogatories relating to certain diseases fail to provide facts relating to amount of exposure duration of exposure fiber type in exposure and latency period
PACCAR objects to these interrogatories on the basis that they are overly broad unduly
burdensome harassing and not calculated to the discovery of relevant and material evidence in that they are not confined to the products to which Plaintiff claims exposure The interrogatories
@ @
are overly broad in that they tend to group together all of the defendants Without waiving any of the foregoing objections PACCAR states as follows
ANSWERS TO INTERROGATORIES
INTERROGATORY NO 1 Identify the person answering these interrogatories on behalf of Defendant
ANSWER
~
PACCARwith the assistancofe itscounsel
INTERROGATORY NO 2
Has the person answering these interrogatories made reasonable inquiry of all available sources of information such that Plaintiff may rely upon these answers as the truthful and complete answers made on behalf of Defendant List any and all such sources of information relied upon
ANSWER
Yes The following responses are based upon the information that is presently known and reasonably available to PACCAR PACCAR believes that these responses are accurate as of the date made However many of the matters inquired about in the discovery request took place decades ago Due to the passage of time information may be incomplete or no longer available Nevertheless PACCAR has endeavored to investigate all relevant facts and circumstances The following answers are based upon that investigation PACCAR cannot however exclude the possibility that continued investigation may reveal more information PACCAR's investigation
into the matters inquired into in the discovery requests continues The investigation is dependent
upon locating knowledgeable individuals and relevant documents and information on an ongoing .
basis No finite completion date can be placed upon those efforts PACCAR has made a reasonable effort to answer the discovery requests to the best of its present knowledge
information and belief
INTERROGATORY NO 3
State the following concerning this Defendant
a
Full and correct name
b
The form in which Defendant presently conducts business i.e. corporation
partnership proprietorship etc.
03
Identify any and all predecessors and related companies as defined above
03
Any and all other forms in which defendant has conducted business at any time
and the date when business was conducted in each form
e
Any and all names by which Defendant has been known or has conducted
business at any time and the date during which Defendant has been known by
and conducted business under each such name
'
f
g
h i ( " k
Defendant's principal place of business
| Defendant's present state of incorporation or state in which Defendant is
registered as a partnership association etc. whichever is applicable if Defendant has at any time been incorporated or registered in a different state identify which
state and when
Most recent date of incorporation or reincorporation and any and all prior date
of incorporation or reincorporation
Whether this Defendant is authorized to transact business in the State of Illinois
and if so the date such authority was first issued and last renewed
If this Defendant has an agent representative or place of business iin n Illinois ~~~
identifysuchagent representative or placeofbusinessand
If this Defendant has an agent for service in the State of Illinois identify the
registered agent
a
PACCAR Inc
b
Corporation
c
PACCAR will produce an exhibit with information from 1930 to 1980 at a
mutually convenient time and place
d
It has conducted business as a corporation since 1924
e
See c above
f
777-106th Avenue Bellevue Washington 98004
g
Delaware
h
1971
)
Yes
)
See answer to subpart k
k
The Prentice Corp System Inc 33 North LaSalle Street Chicago Illinois
60602
INTERROGATORY NO 4
Has Defendant been sued under its correct legal name If not state the correct legal name of Defendant and provide the information requested in No. 3 above concerning the defendant as correctly named
ANSWER Yes
INTERROGATORY NO 5
Identify any and all persons or entities which own or at any time have owned more than a ten percent % interest in this Defendant and for each such person or entity identified state the date during which said person or entity owned more than a ten percent 10 interest in Defendant and the specific type and amount of interest owned This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
@
ANSWER
PACCAR is a public company and any entity owning more than % of its stock is public information From at least 1979 to 1996 proxy statements indicated that the Back of America had an investment in PACCAR that exceeded 10 of PACCAR's outstanding shares PACCAR has wholly owned subsidiaries which are listed in its annual report
@
INTERROGATORY NO 6
Identify any and all companies businesses corporations and joint ventures in which
this Defendant owns or at any time has owned more than a ten percent 10 interest and
relabeling whichengagedin the design manufacture selling distributing applying installing or
ofproductscontainingasbestos Thisinterrogatorywaslimited timeto the period
~~~
~
~
1980 by the Court pursuant to Order dated April 14 2000.
ANSWER
PACCAR's business units are listed in its annual reports In its long history PACCAR
acquired sold or otherwise disposed of several business units which are not involved in this
information instant litigation PACCAR will produce an exhibit with
mutually convenient time and place
from 1930 to 1980 at a
INTERROGATORY NO 7
With respect to each corporation company business or joint venture identified in
'
response to Interrogatory No. 6 state
a
The type of business conducted by such related company
b
The past and present business relationship between said related company and
'
Defendant
c
The nature of the products or services which Defendant has sold to or purchased
from said related company
d
Whether or not said related company advertises or has advertised products or
services supplied by Defendant
e
Whether or not said related company sells or has sold Defendant's products or
services within the State of Illinois and if so the approximate value of those sales
from 1930 to date .
f
Whether or not said related company pays taxes of any type to the State of Illinois
or to any political subdivision thereof and if so the type of taxes paid
g
Whether or not Defendant controls or has controlled directly or indirectly in
whole or in part said related company's advertising and
h
The identity of any past or present officer or director of Defendant who at any
time served as an officer or director of said related company
This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
'
@
ANSWER
See answer to interrogatory number 6. PACCAR sold class 8 vehicles in Illinois
r
' PACCAR pays payroll taxes sales and use tax real property and income tax
INTERROGATORY NO 8 List all directors and officers of Defendant from 1940 to date and for each state all
positions held and the date during which each position was held This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
ANSWER
A listing will be generated and produced at a mutually convenient time and place
@
INTERROGATORY NO 9
State whether any of Defendants present or former officers or directors ever served
whether before during or after becoming Defendants officer or director as an officer or director of any other company corporation or business which manufactured sold or distributed
asbestos or containing products and if so please
a
Identify each officer and director of Defendant who served as such other
company's officer or director and
b
Identify each company corporation or business for which each such officer or
director served each position held by such officer or director for such other
company corporation or business and the time periods each position was held
This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order
dated April 14 2000.
ANSWER
Information regarding officers and directors can be found on Proxy Statements A Proxy
Statement for a requested year will be produced at a mutually convenient time and place
INTERROGATORY NO 10
Has Defendant ever acquired through purchase reorganization or merger another company corporation or business which manufactured sold processed distributed or contracted to apply asbestos and containing products
ANSWER
Any companies which may be responsive to this interrogatory are listed in answer to interrogatory number c Please also see answer to interrogatory number 2
'
INTERROGATORY NO 11
If the answer to Interrogatory No. 10 is Yes with respect to each such predecessor
a
State its full and correct name
b State its principal place of business
c
State its State of incorporation
d
State its date and manner of acquisition by Defendant
e
Whether this predecessor was at any time authorized to transact business in the
@ @
State of Illinois and
f
Identify any and all documents referring to relating to or reflecting the
acquisition
ANSWER
See answers to interrogatory numbers c and 10
INTERROGATORY NO 12
Has Defendant ever acquired from another corporation company or business by any
_. means otherthanthosespecifiedin InterrogatoryNo. 10assetsor rightstomanufactureselldistribute or applyasbestos or containing products
ANSWER
See answer to interrogatory number 10
INTERROGATORY NO 13
If the answer to Interrogatory No. 12is Yeswith respect to each such acquisition
which a
State the full and correct name of the company from
were acquired
such assets or rights
b
State the principal place of business of the company from which said assets or
rights were acquired
c
Describe the assets or rights acquired including the specific containing
products to which said assets or rights related and
d
Identify any and all documents referring to relating to or reflecting the
transaction
ANSWER
See answer to interrogatory number 10
INTERROGATORY NO 14
Other than any transaction identified in response to Interrogatories Nos 10-13 has this Defendant ever been involved in any capacity including but not limited to seller transferor grantor franchisor licensor buyer transferee grantee franchisee or subject of the transaction in any transaction of any kind concerning any of the following
a __ the purchase or transfer of ownership of a company corporation or business
which manufactured sold processed distributed or contracted to apply asbestos
and containing products or
b
the purchase or transfer of ownership of the assets or rights to manufacture
sell distribute or apply asbestos or containing products or
c
the purchase or transfer of liabilities arising out of the manufacture sale
processing distribution or application of asbestos or containing products
ANSWER
See answer to interrogatory number 10
INTERROGATORY NO 15
If the answer to any part of Interrogatory No. 14 is Yes with respect to each such
transaction
a
Identify all parties to the transaction
b
Identify the subject matter of the transaction
c
State the date of the transaction and
d
Identify any and all documents referring to relating to or reflecting the
ANSWER
See answer to interrogatory number 10
INTERROGATORY NO 16
State the first and last dates on which any containing product was manufactured
by
a
Defendant
b
each and every predecessor and
c
each and every related company
ANSWER
PACCAR over the course of its long history has owned several businesses which are not involved in the instant litigation and whose products are not at issue in this litigation PACCAR makes this response in reference to PACCAR truck divisions Peterbilt Motors Company and Kenworth Truck Company PACCAR did not manufacture or use containing products as that term is commonly used in asbestos litigation PACCAR did sell heavy trucks and replacement parts which incorporated brake linings clutch discs and other components Some heavy duty trucks for some domestic applications may have at certain times contained asbestos in component parts However those components were purchased from other manufacturers and incorporated onto PACCAR trucks PACCAR does not know the first date this occurred To the best of our knowledge and based upon review of present documents some heavy duty trucks for some applications may have contained asbestos containing products up to 1990. PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as
more information is obtained
INTERROGATORY NO 17
State the first and last dates on which any containing product was specified sold distributed applied and installed within the United States by
a Defendant
b
each and every predecessor and
c
each and every related company
@
ANSWER
Please see answer to interrogatory number 16
INTERROGATORY NO 18
State the last date on which Defendant or any related company specified sold distributed applied and installed any containing product outside the United States and identify by brand or trade name the products so specified sold distributed applied and installed
ANSWER
Please see intertoriongtaetrorroygatory 16
=
'
INTERROGATORY NO 19
Identify by full and complete trade name any and all containing products as defined above which this Defendant any related company or any predecessor has at any
time
a Designed
b
Manufactured
c
Processed
d
Sold
e
Distributed
~
f ~~ Applied
g Installed
h Patented
i
Specified or
)
labeled
ANSWER
Please see answer to interrogatory numbers 16
INTERROGATORY NO 20
With respect to each containing product listed for each subpart of Interrogatory
No. 19
a
Identify the specific company Defendant predecessor related company which
designed manufactured processed specified sold distributed applied installed
patented or relabeled such product
b
State the year in which Defendant its related company or its predecessor first
designed manufactured processed specified sold distributed applied installed
patented or labeled such product and
c
State the year in which the Defendant its related company or predecessor last
designed manufactured processed specified sold distributed applied installed
patented or labeled such product
@
ANSWER
10
'
Please see answer to interrogatory number 16
INTERROGATORY NO 21
Were any of the products which were listed in response to Interrogatory No. 19 as having been specified sold distributed applied or installed by Defendant its predecessor or related company purchased from another company and relabelled for sale or distribution by Defendant its predecessors or related companies If so identify those products and with respect
to each
a
Identify the company from which Defendant its predecessor or related company
ccnp '
purchasethde product
and
_
b Identify the company which manufactured the product and
c
State the date during which said labeled product was sold distributed or
applied
ANSWER PACCAR assembled its own trucks and did not relabel its trucks
INTERROGATORY NO 22
Has this Defendant at any time applied contracted to apply installed or engaged in the
business of applying or installing containing products If so
a
State the date on which or during which Defendant applied contracted to apply
'
installed or engaged in the business of applying or installing containing
products
b
Identify any and all sites within the State of Illinois at which Defendant applied
installed or contracted to apply or install containing products and for
each such site
i
State whether the products you applied installed or contracted to apply or
install were included as part of the project's contract price or whether you
applied the products that were provided at the worksite
ii
Identify by manufacturer and trade name each and every asbestos
30 30
containing product applied or installed
| State the date during which said application or installation took place
Identify the employee of Defendant who was were in charge of the
job
v
Identify the person or entity for which the products were applied or
installed and
vi Identifayll documents relating to such contract application or installation
ANSWER
PACCAR has not applied contracted to apply installed or engaged in the business of applying or installing containing products as that terminology is commonly used in asbestos litigation Please also see answer to interrogatory number 19
11
INTERROGATORY NO 23
Has this Defendant any predecessor or any related company ever engaged in the business
of mining asbestos If so
a
Identify which company whether Defendant predecessor or related
.
_ company engaged in said business
b
State the date during which each said company engaged in such business
c
State each and every location at which such mining was done
d
Identify each and every officer employee and agent of said company who at
any time was in charge of each mining operation and
Identify entity if any which said company sold the - asbestos
which was mined
ANSWER No.
INTERROGATORY NO 24
Has this Defendant any predecessor or any related company ever purchased and resold
raw asbestos If so with respect to each such purchase and resale
a
State the date of the transaction
b = Identify any and all parties from which the raw asbestos was purchased and
c
Identify any and all parties to which the raw asbestos was sold
ANSWER No.
IINTENRROTGATOERY RINTERROGATORYOGATORIYNTIENRTREORGROAGTAOTROYRY
N NOO
25
25
Identify each and every source from which Defendant any predecessor or related
company obtained raw asbestos and containing material used by Defendant any
predecessor or related company to manufacture or process any product listed in response to
Interrogatory No. 19
ANSWER
PACCAR did not manufacture or use containing products as that term is commonly used in asbestos litigation PACCAR did sell heavy trucks and replacement parts which incorporated brake linings clutch discs and other components some of which may
have at certain times contained asbestos PACCAR did not obtain raw asbestos to manufacture
or process any product Suppliers of component parts may have included Eaton Corp. Timken Axle Co. Rockwell International Corp. American Brake Block Abex Raybestos Carlisle Allied Signal / Bendix Automotive Horton Industries Valeo Clutches Rollaway Bearing Co. Spicer Clutches Rockford Powertrain Inc. Chicago Rawhide Stemco Inc. Cummins Inc. Detroit Diesel and Caterpillar PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is learned
12
INTERROGATORY NO 26
Is Defendant or any related company as of the date of answering these interrogatories still manufacturing specifying selling distributing applying or installing any asbestoscontaining product If so give the brand names of such products type and percentage of asbestos in such product and the date on which Defendant or any related company first manufactured specified sold distributed applied or installed said products
ANSWER
No.
| :
INTERROGATORY NO 27 With respect to each and every product listed in response to Interrogatory No. 19 provide
a full and complete description of the package in which the product was sold including but not limited to type of package size color and writings thereon
ANSWER
Heavy duty trucks assembled by PACCAR's truck divisions were not sold with any type
of packaging
INTERROGATORY NO 28
For each subpart below state whether or not to Defendant's knowledge any items as described therein presently exist and if so identify any and all such existing items and state the
present location of each
response including a
any product listedin
to Interrogatory No. 19
to any sample part or piece thereof
but not limited
b
package of the type in which any or all of the products listedin response to
Interrogatory No. 19 were or would have been sold including but not limited to
any partial package
c
any catalogue brochure sales literature or like item referring to relating to or
reflecting any or all of the products listed in response to Interrogatory No. 19
d
any picture drawing photograph or like representation of the items described in
subparts a b and c of this Interrogatory
ANSWER
a
b d
Countless numbers of PACCAR's trucks are on the road today It is impossible to
state the present location of each
See answer to interrogatory number 27 PACCAR will make available for inspection copies of various brochures
INTERROGATORY NO 29
Did Defendant any related company or any predecessor ever stamp or otherwise place including affixing tags or labels a company name initials or any identifying logo on any of the products listed in response to Interrogatory No. 19
13
@ ANSWER
Yes
INTERROGATORY NO 30
If your answer to Interrogatory No. 29 is Yes identify each and every such product
upon which such name initials or identifying logo appeared and for each such product identified
a
Describe each and every name initials or identifying logo appearing on said
product at any time by stating the wording lettering symbols size color and
manner in which it was stamped placed or affixed to said product
op qpannnnnncs
b State the dateduring which each suchnameinitials or identifying logo
appeared on saidproductand
c
Identify any and all documents referring to relating to or reflecting the stamping
placing or affixing of names initials or logos to said product including but not
limited to any pictures photographs or like representations of such names initials
or logos
ANSWER
a
|
'
b .c
Trucks assembled by PACCAR's Kenworth division bore the letters KW or Kenworth Trucks assembled by PACCAR's Peterbilt division bore the word
Peterbilt
Continuously There are too many documents to list which are responsive to this interrogatory subpart PACCAR will make available representative documents which reflect the logos
INTERROGATORY NO.31
Was each of the containing products listed in response to Interrogatory No. 19 generally expected to reach or was each packaged to reach the consumer or user without substantial change in the condition in which it was sold
ANSWER
PACCAR's over the road trucks were generally expected to reach the initial purchaser without substantial change Substantial changes may occur after delivery to the initial purchaser In some cases only the heavy duty truck chassis was provided to a dealer and the truck was completed by a third party who added specific equipment to the chassis as specified by the
customer
INTERROGATORY NO 32
If your answer to Interrogatory No. 31 is No with respect to any product explain in
what manner Defendant claims said product were altered or substantially changed after sale or distribution and before reaching the consumer or user
' ANSWER
14
See answer to interrogatory number 31
INTERROGATORY NO 33
With respect to each product listed in response to Interrogatory No. 19 state whether
based upon the material contents the method of manufacturing and the method of application such product could generally be applied or installed without liberating asbestos fibers
ANSWER
Component parts were incorporated onto heavy trucks without liberating asbestos
INTERROGATORY NO 34
With respect to each product listed in response to original Interrogatory number 19 could
stripped it be expected or anticipated that the product might have to be removed
any time after application or installation
or replaced at
ANSWER
This interrogatory was withdrawn by the Plaintiff or stricken by the Court pursuant to
Order dated April 14 2000
INTERROGATORY NO 35
Identify each person who participatedin the design and preparation of manufacturing
specifications for each product listedin response to Interrogatory No. 19
ANSWER - .
PACCAR's trucks were and are designed through an evolutionary process over the
decades There would be several thousands of individuals that had a role in the design and
manufacture of PACCAR trucks With respect to component parts on heavy duty trucks as the components were purchased from other manufacturers and incorporated onto PACCAR heavy _ duty trucks those specific manufacturers may be able to identify their employees who designed a
component part
INTERROGATORY NO 36
Identify any and all documents including but not limited to written memoranda
specifications blueprints formulas patterns and designs referring to relating to or reflecting the
product design preparation application and installation of each
Interrogatory No. 19
listedin response to
ANSWER
There are thousands of documents associated with the design and manufacture of PACCAR products Upon further specificity PACCAR will respond to this interrogatory Furthermore design documents regarding component parts are in the possession of the component part manufacturers
15
MERROGATORY NO 37
With respect to each product listed in response to Interrogatory No. 19 state
a
The type of asbestos contained in the product as it was first manufactured
b
The percentage of asbestos contained in the product as it was first manufactured
c
Any modification to the product which altered the percentage or type of asbestos
in the product and the dates of such modification
d
The source of asbestos in each product
e
The color physical characteristics and appearance of each product
f
Any and all other names under which the product was sold at any time
.. The number and date of eachpatentor patent applicationfor each product
h If the productcontinued to be produced after the deletion ofasbestos all reasons
why the asbestos was deleted the identity of the person who made the decision
to delete the asbestos and the date the product was first produced without the
asbestos
If the productis no longer produced all reasons it was discontinued the identity
of the person who made the decision to discontinue the product the brand name of the replacement product and the date the replacement product first went into
production and
(
The reasons why asbestos was used as an ingredient in each such product
ANSWER
a c
3 . f g h
) (
Unknown The supplier of the component parts would have this information
Unknown The supplier of the component parts would have this information
During the 1980s and up to 1990 PACCAR's truck divisions modified the trucks
by no longer using asbestos containing component parts PACCAR's
investigation
continues and PACCAR reserves the right to supplement and modify
this answer as more informationis learned
PACCAR acquired any asbestos containing component parts from suppliers
PACCAR's trucks had the physical characteristics of trucks The trucks came in
various colors with custom features
Any names responsive to this interrogatory subpart are listed in response to interrogatory numbers 3 and 30 PACCAR did not patent an entire truck PACCAR may hold patents but without
.
specificity PACCAR cannot respond further PACCAR's trucks continue to be produced As suppliers were able meet customers needs and vehicle safety requirements without component parts that included asbestos PACCAR used asbestos component parts
Not applicable heavy duty trucks continue to be used Unknown The supplier of the component parts would have this information
INTERROGATORY NO 38
Identify any and all facilities at which Defendant any predecessor or any related
pany at any time manufactured or processed containing products or processed raw
16
asbestos For each such facility identified
a
State the date which said facility was owned and operated by Defendant any
predecessor or any related company
b
State the date during which containing products and raw asbestos
were manufactured or processed at said facility and
c
Identify each person serving as the manager or supervisor of said facility during
any time which the facility has been owned and operated by Defendant any
predecessor or any related company and state the date of the tenure as manager
or supervisor for each
'
ANSWER
This defendant did not and does not manufacture or process containing products or process raw asbestos as those terms are commonly defined in asbestos litigation PACCAR
will provide a listing of facilities where specific products were assembled a upon specific request
identifying those products Further stating PACCAR's heavy duty trucks were assembled in various locations With respect to the United States Kenworth has had a plant in Seattle
Washington since PACCAR purchased it in 1945 in 1964 Kenworth opened a plant in Kansas City Missouri which closed in 1986 in 1974 KW openeda plant in Chillicothe Ohio in 1993
Kenworth opened another plant in Renton Washington the plants in Chillicothe and Renton are still open with respect to Peterbilt Peterbilt opened a plant in Newark California in 1960 which closed in 1986 in Madison Tennessee in 1969 and in Denton Texas in 1980
INTERROGATORY NO 39
Identify any and all entities to which the defendant any predecessor or related company sold distributed or otherwise provided any type of containing product including but not limited to the products listed in response to original Interrogatory number 19 and which the defendant has any reason whatsoever to suspect believe think or otherwise conclude that said containing product was installed applied stored or anyway made use of at any site identified in the interrogatory answers of any plaintiff with a claim against this defendant at any site located in Madison County Illinois or at any site within a 200 mile radius of Madison County Illinois
ANSWER
This interrogatory was withdrawn by the Plaintiff or stricken by the Court pursuant to Order dated April 14 2000
INTERROGATORY NO 40
Identify any and all persons known by you to have any knowledge concerning the manufacture sale distribution possession application installation or use of the products listed in response to Interrogatory No. 19
ANSWER
There are thousands of employees former employees customers and dealers who have
17
knowledge of some aspect of the trucks and products manufactured and sold by PACCAR With further specificity PACCAR will attempt to respond
INTERROGATORY NO 41
Has Defendant any predecessor or any related company at any time designed manufactured processed sold distributed supplied applied installed or contracted to apply or install any product which contained vermiculite
ANSWER
- PACCAR has information that a component that may have been installed in PACCAR vehicles mayatcertaintimeshavecontainedvermiculite PACCAR'sinvestigation continues
and PACCAR reserves the right to supplement and modify this answer as more informationis
obtained
INTERROGATORY NO 42
If your answer to Interrogatory No. 41 is Yes identify by brand name any and all
such products which contained vermiculite and for each
a
State the date during which said product contained vermiculite
b
State in percentage terms the amount of vermiculite contained in the product
c
Identify the source of the vermiculite used in the product
d
Identify the specific company Defendant predecessor related company which
designed manufactured processed sold distributed applied installed or patented
such product
e
State the year in which Defendant its related company or its predecessor first
designed manufactured processed sold distributed applied installed or patented
such product
f
State the year in which the Defendant its related company or predecessor last
designed manufactured processed sold distributed applied installed or patented
such product
g
State whether any sample part or piece of such productis stillin existence and
h
Identify all documents relating to such product including but not limited to any
package brochure catalog picture photograph or like representation of the
product or packaging
ANSWER
Please see answer to interrogatory number 37. PACCAR has limited information and its investigation is continuing PACCAR is in possession of a MSDS apparently provided by Arvin
Meritor in 2000. The MSDS is from FERODO America It is dated December 17 1996 and
describes the component ingredients of a brake lining It indicates that the product contains less than % vermiculite PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is obtained
INTERROGATORY NO 43
18
With respect to the products listed in response to Interrogatory Nos 19 and 42 did Defendant any predecessor or related company or the manufacturer of the products ever conduct tests of any kind on any or all of said products concerning possible or potential health hazards
involved in its use or in the use of materials contained therein
ANSWER
PACCAR did not manufacture or use containing products as that term is
commonly used in asbestos litigation PACCAR did sell heavy trucks and parts which
incorporated brake linings clutch discs and other components some of which may have at
certain times contained asbestos However thesecomponentswere purchased from other
.._.
..
manufacturersand incorporatedontoPACCARvehicles Neither PACCAR nor anyone acting
on behalf of PACCAR ever conducted any such counts or related tests at any outside sites
monitoring was performed on PACCAR employees including those handling certain
component parts which were incorporated into PACCAR vehicles
INTERROGATORY NO 44
If your answer to Interrogatory No. 43is Yeswith respect to each product test
a
State the location where the test was performed
b = Identify each and every individual who conducted or participated in said test
c
Describe the results of said test
d
State the date or dates upon which said test was conducted
e
Identify any and all documents referring to relating to or reflecting said test or the
results thereof and
f
Identify each and every individual who received a copy of any document referring
.
to relating to or reflecting the results of said test
ANSWER
PACCAR over the course of its long history has owned several businesses which are not
involved in the instant litigation and whose products are not at issue in this litigation PACCAR
makes this response in reference to PACCAR truck divisions Peterbilt Motors Company and
Kenworth Truck Company PACCAR did not manufacture or use containing products
as that term is commonly used in asbestos litigation PACCAR did sell heavy trucks and
replacement parts which incorporated brake linings clutch discs and other components Some
heavy duty trucks for some domestic applications may have at certain times contained asbestos in
component parts However those components were purchased from other manufacturers and
incorporated onto PACCAR trucks monitoring was conducted only within PACCAR
facilities and has taken place in PACCAR facilities since the 1970's PACCAR would have
taken the appropriate action based on the findings of monitoring within its facilities With
respect to persons working with or around the components listedin answer to interrogatory number 19 the following monitoring took place
February 5 1985 - industrial hygienists performing air- monitoring within the axle
department of PACCAR's Seattle Washington facility found an asbestos fiber count
well below permissible levels
19
April 22 1986 - industrial hygienists performing air- monitoring within an area of
PACCAR's Denton Texas facility where there were brake shoes no asbestos fibers
detected and
March 2 1987 - industrial hygienists performing air- monitoring within the axle
department of PACCAR's Seattle Washington facility where persons were assembling
and installing brakes and found an airborne fiber concentration of 0.005 cc of air
PACCAR's investigation continues and PACCAR reserves the right to supplement and modify
this answer as more information is learned
INTERROGATORY NO 45
"Did
~~"
*
any person including but not limited to an officer agent orDefe of n Defd enda ann t t
any predecessor or related company recommend any design changes as a result of any test
referenced in your response to the preceding interrogatory
ANSWER
PACCAR has no record of any design change recommendations a as result of the air-
monitoring findings
INTERROGATORY NO 46
If your answer to Interrogatory No. 45 is Yes with respect to each such recommended
design change
.
a
State the product or products involved
b
State the test or tests involved
c
State the nature of the change recommended
d
Identify the person making the recommendation
e
State the nature and effective date of any change made and
f
Identify each and every person who participated in the decision to make or not
make the recommended design change
ANSWER
Not applicable
INTERROGATORY NO 47
Identify any and all persons employed by Defendant its predecessor or related company
at any time from 1940 to date as an industrial hygienist or in a similar position
ANSWER David J. Bissonnette Robert Schumacher Steve Miller
INTERROGATORY NO 48
Identify any and all persons or entities other than the employees listed above which
20
provided industrial hygienic or similar services or information to or for the benefit of this Defendant at any time from 1940 to date including but not limited to employees of or anyone retained by any predecessor or related company
ANSWER
PACCAR has many facilities and various entities have provided PACCAR with
industrial hygiene or similar services If Plaintiff identifies a specific facility PACCAR will
provide the requested information
INTERROGATORY NO 49 Does Defendanthave orhas Defendant anypredecessoror any related companyever === -
had a Research Department If so
a
State when such department was established and whether or not such department
has operated continuously since being established
b
State how much Defendant its predecessor and related company expended
each year on research and
c
State the percentage of said expenditure which was for research concerning the
health affects of asbestos
d
I_dentify the person in charge of such department throughout its existence and
e
Identify the person in charge of any asbestos research conducted by
:
such department throughout the years
ANSWER
No PACCAR does not have a department entitled Research Department
INTERROGATORY NO 50
Did Defendant any predecessor or any related company or any medical department or
industrial hygiene division thereof maintain a medical and scientific library at any time from
1940 to the present If so
330 State the dates such library existed
330
State the number of volumes maintained therein
assigned 330
State the number of employees time or time
maintenance of said library and
to the
d
Identify the person within the corporate structure to whom said library
employees reported throughout the existence of the library
ANSWER
.
PACCAR did not maintain a specific medical and scientific library PACCAR has a
Corporate Library which is a general reference library established in 1974. One employee staffs
the library and reports to a planning manager PACCAR also has a Technical Center Library
which was established around 1985 and contains technical and regulatory materials related to its
products Three employees staff the library They currently report to the administrative manager
21
INTERROGATORY NO 51
Identify any and all scientific or medical periodicals to which Defendant any predecessor or any related company or any medical department or industrial hygiene division thereof subscribed from 1940 to the present and for each periodical state the dates of such subscriptions
ANSWER
PACCAR has no record of a subscription to medical journals
INTERROGATORY NO 52
Has Defendant any predecessor or any related company at any time since 1940
a
been a member of a medical and scientific library or library association|
medical b
been a member of any organization or association which maintained a
and scientific library
c
been a member of any organization or association through which members
obtained the use of or access to a medical and scientific library
ANSWER
a b c
No.
| PACCAR does not know what organizations maintained what types of libraries
See answer to subpart b above
INTERROGATORY NO 53
If your answer to any subpart of Interrogatory No. 52 is Yes
a
Identify the library involved and state the years during which Defendant its
predecessor or related company was a member of or otherwise had use of or
access to said libraranyd b If applicable identify the organization or association through which Defendant its
predecessor or related company obtained the use of or access to such library
ANSWER
Not applicable
INTERROGATORY NO 54
Has Defendant any predecessor or any related company or any person or entity acting on behalf thereof including but not limited to any insurance company at any time conducted any industrial hygiene surveys concerning any product identified in response to Interrogatory No. 19 including but not limited to surveys concerning the manufacture processing application installation use and removal of said products
ANSWER
Please see answers to interrogatory numbers 43 44 and 131
INTERROGATORY NO 55
22
If your answer to Interrogatory No. 54 is Yes with respect to each such survey
a
Identify the product which was used in the survey
b _ I_dentify any and all person firm or entity conducting or participating in
the conducting of said survey
c
State the date of said survey
d
Describe the methodology results and conclusions of said survey
e
Identify any and all documents referring to relating to or reflecting said survey or
the results and conclusions thereof and
f
Identify any and all persons to whom such document may have been sent
Please see answers to interrogatory numbers 43 44 and 131
INTERROGATORY NO 56
.
Has Defendant any predecessor or any related company or any person or entity acting on behalf thereof including but not limited to any insurance company at any time gone into any area where any product identified in response to Interrogatory Nos 19 and 42 was being
manufactured used applied or installed to performa dust level count or similar test
ANSWER
Please see answers to interrogatory numbers 43 44 and 131
INTERROGATORY NO 57
If your answer to Interrogatory No. 56 is Yes identify each such count or test
performed by stating when and where it was conducted and with respect to each count or test so
identified
a
Identify the product being manufactured used applied or installed
b
Identify each and every person who conducted participated in conducting or
analyzed the results of said count or test
c
State the purpose of said count or test
d
State what if any actions were taken in response to the results of said count or
test and
e
Identify any and all documents referring to relating to or reflecting said count or
test including but not limited to any actions taken in response to the results of
such count or test
ANSWER
Please see answers to interrogatory numbers 43 44 and 131
INTERROGATORY NO 58
Has Defendant any predecessor or any related company or any person or entity acting on behalf thereof at any time conducted any study of any kind concerning the effects of the inhalation of asbestos dust or asbestos fibers on one using or being exposed to asbestos or any
23
containing product including but not limited to those identifiedin response to
Interrogatory Nos 19 and 42
ANSWER No.
INTERROGATORY NO 59
If your answer to Interrogatory No. 58 is Yes with respect to each such study
a
Describe the nature of said study including but not limited to the purpose and
objectives of the study the product involved the date conducted the
"
~~
meth empo loyed d ano d thel reso ults g reacy hed both raw data and conclusions
b
Identify any and all entities and persons conducting said study or participating
in the conducting of said study
c
Identify any and all documents referring to relating to or reflecting said study
including but not limited to reports both interim and final notes memoranda
work papers data compilations and surveys
d Identify any and all directors officers agents or employees of Defendant who
participatedin the decision to have the study conducted and
e
Identify any and all entities and persons who received a copy of any document
referring to relating to or reflecting the results or conclusions reached
ANSWER
Not applicable
INTERROGATORY NO 60
Did Defendant its predecessor or related company take any action as a result of any
study or studies set forth in response to Interrogatory Nos 56 and 58 If so identify each and
every study which resulted in some action being taken and
a
Describe the actions taken including the effective date of said actions
b
Identify any and all persons including but not limited to directors officers
agents and employees of Defendant who participated in the decision to undertake
said actions and
c
Identify any and all documents referring to relating to or reflecting said actions
or any subsequent modification or discussion of the dame
ANSWER
Please see answers to interrogatory numbers 56 and 58
INTERROGATORY NO 61
Has Defendant any predecessor or any related company or any person or entity acting on behalf thereof at any time conducted any study designed to minimize or eliminate the inhalation of asbestos dust and fibers by those using handling or exposed to any product listed in response to Interrogatory Nos 19 and 42
24
ANSWER No.
INTERROGATORY NO 62
If your answer to Interrogatory No. 61 is Yes with respect to each such study
a
Identify the product involved
b Identify the person and entity conducting said study
c
State the date said study began and the date on which it was completed
d
Identify any and all persons including but not limited to directors officers
agents or employeesofDefendant whoparticipated iin n the decision tohave said
study conducted
e
Describe the nature of said study
inhalation f
Describe the nature of any action to eliminate or minimize
dust or asbestos fibers undertaken as a result of said study
of asbestos
g
Identify any and all documents referring to relating to or reflecting said study or
the results thereof and
h
Identify any and all persons receiving a copy of any document referring to
relating to or reflecting the results or conclusions of said study
ANSWER
Not applicable
INTERROGATORY NO 63
Did Defendant any related company or any predecessor at any time give to persons who would be applying and removing any of the products listed in response to Interrogatory Nos 19 and 42 any instructions or guidelines concerning precautions warnings procedures and methods to use in order to safely apply or remove such products If so describe such instructions state to whom they were given state the dates they were given and describe the manner in which they were given
ANSWER
Please see answer to interrogatory number 72
INTERROGATORY NO 64
Did Defendant any predecessor or any related company at any time place any warning
signs or labels on the containers in which any of the products listed in response to Interrogatory
Nos 19 and 42 were packaged
ANSWER
PACCAR's heavy duty trucks did not have a container
INTERROGATORY NO 65
If your answer to Interrogatory No. 64 is Yes identify each and every product upon
25
@
which such a warning was placed and with respect to each such product identified
a
State the date on which any order directing that a warning be placed on said
product first issued
b
Identify any and all persons participating in the decision to issue that order
c
State the first date on which such warning was actually placed on said product
d
State the first date on which such product accompanied by such warning was first
sold distributed or installed
e
State the exact wording of this first warning
f
State the exact location and size of this first warning as it appeared on said
product
~
~~
|
g Identify andallpersons who participatedinanyphase of thedraftingor
design of said first warning including but not limited to those who performed
work the actual drafting and design work those who reviewed the
edited the work and those who approved the warning
those who
h
State why you placed such warning on said product including but not limited to
whether you placed such warning on said product because you received a
directive command suggestion legal opinion or any type of communication
written or otherwise from any person firm corporation governmental agency
committee association attorneory institute and
)
Identify any and all documents referring to relating to or reflecting said warning
its drafting and the decision to place the warning on said product including
'
but not limited to any communication as described in subpart h of this Interrogatory
ANSWER
Not applicable
INTERROGATORY NO 66
With respect to each product identified in response to Interrogatory No. 65 as having been accompanied by a warning state whether subsequent to the first warning described above any
different warning was ever placed upon said product Any alteration change or modification in
the language wording capitalization punctuation style of type or printing size color or location on the package or container of the warning constitutes a different warning
ANSWER
Not applicable
r)
INTERROGATORY NO 67
With respect to each different warning which accompanied each product listed in
response to Interrogatory No. 65
a
State the date on which any order directing that such different warning be placed
on said product first issued
b
Identify any and all persons participating in the decision to issue that order
26
c d e
f
g
h
State the first date on which such different warning was actually placed on said
product State the first date on which such product accompanied by such different warning was sold distributed or installed
Describe with specificity any and all changes modifications or differences between the different warning and the prior warnings Identify any and all persons who participated in any phase of the drafting or design of such different warning including but not limited to those who performed the actual drafting and design work those who reviewed the work
those who edited the work and those who approved the different warning
State whyyouplacedsuch differentwarning on said product including butnot
limited to whether you placed such different warning on said product because you received a directive command suggestion legal opinion or any type of communication written or otherwise from any person firm corporation governmental agency committee association attorney or institute and Identify any and all documents referring to relating to or reflecting said different
warning its drafting and the decision to place the different warning on said
product
ANSWER
Not applicable
INTERROGATORY NO 68
Prior to the date on which Defendant first directed that a warning accompany any product identified in response to Interrogatory Nos 19 and 42 did any person firm organization or other entity within or without your employ suggest recommend counsel advise or otherwise indicate in any manner that a warning should accompany any or all such products or asbestoscontaining products generally
ANSWER
No. PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is obtained
INTERROGATORY NO 69
If your answer to Interrogatory No. 68 is Yes with respect to each such suggestion
recommendation counseling advice or other indication
a
Identify the person and entity giving the same
b
State the date on which the same was given
c
Identify any and all persons receiving notice of the same
d
Describe what if any action Defendant took in response to or upon the same and
e
Identify any and all documents referring to relating to or reflecting the same or
any action taken thereon or in response thereto
27
ANSWER
Not applicable
INTERROGATORY NO 70
Did Defendant any predecessor or any related company ever place any warning directly upon any of the products listed in response to Interrogatory Nos 19 and 42
ANSWER
PACCAR did not place any asbestos related warning directly upon its heavy duty trucks
__
...
However please see answer to interrogatory number 72 =
INTERROGATORY NO 71
If your answer to Interrogatory No. 70 is Yes identify each and every product upon
which such a warning was placed and for each such product identified
a
State verbatim each and every warning which ever appeared on said product
b
State the size color and location of each such warning and describe the manner in
which it was placed upon the product
c
State the dates on which each such warning first and last appeared in said product
and
d
Identify any and all documents referring to relating to or reflecting the placing of
any warning directly upon said products including but not limited to decisions
not to place such a warning
ANSWER Not applicable
INTERROGATORY NO 72
Did any warning of any type concerning the products listed in response to Interrogatory Nos 19 and 42 ever appear in any sales literature or other materials distributed or provided by Defendant any predecessor or any related company to the purchasers consumers and users of such products
@
ANSWER
PACCAR did not manufacture or use asbestos containing products as that term is commonly used in asbestos litigation PACCAR did sell heavy trucks which incorporated brake linings clutch discs and other components some of which may have at certain times contained asbestos However these components were purchased from other manufacturers and incorporated onto PACCAR vehicles PACCAR did not alter the numbers or other markings present on products that may have contained asbestos which were purchased from other manufacturers and incorporated onto PACCAR vehicles The Brake section of a Peterbilt maintenance manual dated April 1987 included asbestos warnings This maintenance manual would have been available In addition various related maintenance manuals published by the brake manufacturers contained warnings PACCAR's investigation continues
28
@
and PACCAR reserves the right to supplement and modify this answer as more information is
obtained
@
INTERROGATORY NO 73
If your answer to Interrogatory No. 72 is Yes identify each and every item of sales
literature or other materials in which such a warning appeared and for each item so identified
sellers a
State the date on which said item was first provided to distributors
purchasers consumers or users
b
List the products discussedin the literature
c
Identify any and all other sales literature concerning the products listedin
responseto InterrogatoryNos and 42 whichwas provided to distributors
date sellers purchasers consumers or users after the above
no warning
and which contained
ANSWER
Please see answer to interrogatory number 72
INTERROGATORY NO 74
Does Defendant or any related company have any of the following in its possession
custody or control
a any package container label or item of sales literature which Defendant claims
constitutes or contains any warning which ever accompanies any product listedin
response to Interrogatory Nos 19 and 42
b
any picture photograph or like reproductive representation of any item described
in subpart a
ANSWER
Copies ofitems describedin answer to interrogatory number 72 are available for
inspection at a mutually agreeable location and time
INTERROGATORY NO 75 State the year that Defendant or any predecessor was first advised of either threshold
limit values or maximum allowable concentrations of both asbestos dust and total dust promulgated by the American Conference of Governmental Industrial Hygienists and identify
the specific person receiving such advise and any and all documents communicating such
advise
@
ANSWER
Unknown PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is obtained
INTERROGATORY NO 76 State whether such threshold limit values or maximum allowable concentrations referred
29
to in Interrogatory No. 75 involved TOTAL dust or just asbestos dust
ANSWER
See answer to interrogatory number 75
INTERROGATORY NO 77
Describe in detail any and all tests if any conducted by Defendant any predecessor or
any related company or anyone acting on behalf thereof concerning the quantity quality or
threshold limit values of asbestos dust or particles to which applicators or consumers of asbestos-
containingproductswere exposed whiwle hileusinganyproduct identified iin nresponse to Interrogatory
semen
Nos 19and 42including
30
The product being used
30 Identify any and all person firm or entity conducting or participating in
the conducting of said test
000
State the date of said test
000
Describe the methodology results and conclusions of said test
000
Identify any and all documents referring to relating or reflecting said test or the
results and conclusions thereof and
f
Identify any and all persons to whom any document referring to relating to or
reflecting the results or conclusions of said test was sent
ANSWER
The consumers of PACCAR's heavy duty trucks were truck owners and operators PACCAR did not perform any tests concerning the levels of asbestos dust to which these persons may be exposed
INTERROGATORY NO 78
Did Defendant any predecessor or any related company at any time directly advise the owners or management employees of any worksite in which it sold or applied any product listed
in response to Interrogatory Nos 19 and 42 of threshold limit values for exposure to asbestos
dust recommended by the American Conference of Governmental Industrial Hygienist If so
state the date or dates that you so advised each such owner or employees the manner in which you advised such owner or employee and the name of each such owner or employee
ANSWER
PACCAR has no record of providing such advice PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is
obtained
INTERROGATORY NO 79
State the date on which any official of Defendant or its predecessor first had
knowledge notice information or understanding that exposure to asbestos would could or might cause each of the following diseases
30
33030
Pleural disease
33030 Asbestosis
33030
Mesothelioma
33030
Lung cancer
33030
Any other forms of cancer
ANSWER
PACCAR asserts that it is unknown and impossible to determine when any employee officer or director with PACCAR first received knowledge information or understanding of any health conditions that could be related to certain types and uses of asbestos generally PACCAR
genelr earna ed l of l healy th hazardsrelto a cert tainetyd pes and uses of asbestos when they were
identifiedin OSHA regulations PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more informationis obtained
INTERROGATORY NO 80
With respect to each disease set forth in Interrogatory No. 79
a
Identify the official who first obtained the knowledge notice information or
understanding to which the interrogatory refers
b
Identify any and all documents referring to relating to or reflecting such
knowledge notice information or understanding and
c
Describe what if any action said official Defendant any predecessor or any
related company took in response to such knowledge notice information or
understanding
ANSWER
Please see answer to interrogatory number 79
INTERROGATORY NO 81
oes Defendant possess knowledge or information concerning a causal connection
between exposure to asbestos or containing products and
a __ pleural disease b _ _asbestosis
c
lung cancer
d = mesothelioma
e
other cancer
ANSWER
Please see answer to interrogatory number 79
INTERROGATORY NO 82
For each subpart of Interrogatory No. 81 to which you answered Yes
a
Describe when and how Defendant first obtained knowledge or information
concerning such connection
31
b
If such knowledge or information was obtained by attendance at any conference
lecture convention symposium or meeting identify such meeting any and all
persons attending and any and all documents referring to relating to or reflecting
the meeting
c If knowledge was obtained from medical or scientific studies or work published
or unpublished identify the same
ANSWER
Please see answer to interrogatory number 79
ane,
INTERROGATORYNO
a d
; to
With regard to any knowledge or information obtained subsequent to thatthat identified inin
your answer to Interrogatory No. 82 a identify any and documents or communications oral .
and written concerning the causal connection between exposure to containing or
communications and asbestos products and any disease which were sent to or received by Defendant
any and all persons conveying and receiving such
identify
ANSWER
Please see answer to interrogatory number 79
INTERROGATORY NO 84
As to any knowledge or information referred to in Interrogatories 79-83 did Defendant at any time educate or inform its employees distributors purchasers or any persons working in the vicinity where any containing product was being applied or installed as to the hazards known to Defendant or about which Defendant had information and as to the safety precautions necessary to guard against cancer and other diseases arising from the use and handling of the products identified in response to Interrogatory No. 19
ANSWER
Please see answers to interrogatory numbers 63 and 72. PACCAR's investigation
the continues and PACCAR reserves
informationis obtained
right to supplement and modify this answer as more
INTERROGATORY NO 85
If your answer to Interrogatory No. 84 isYes identify each such occasion on which
Defendant so educated or informed its employees distributors or purchasers as follows
a
Identify the persons or parties which you educated or informed
b
State when where and in what manner they were educated or informed
c
Identify any and all documents referring to relating to or reflecting the
communication or other dissemination of such information and
d _ I_ dentify any and all persons who so educated or informed said employees
distributors purchasers or persons working in the vicinity of application or who
participated in the same in any way including but not limited to assembling
32
drafting writing rewriting preparing or conveying such information in any
format
ANSWER
Please see answer to interrogatory number 84. PACCAR's investigation continues and
PACCAR reserves the right to supplement and modify this answer as more informationis
obtained
INTERROGATORY NO 86
Did Defendant or any predecessor entity perform direct to be performed finance in
'
wholeor in part sponsor inwhole orin parotr receive theresults ofany studies ortests
relationship concerning the
- mesothelioma -
.----
between asbestos exposure and asbestosis cancer and
--
ae
Ce
ANSWER
Please see answer to interrogatory number 87
INTERROGATORY NO 87
If your answer to Interrogatory No. 86 is Yes with respect to each such study or test
a
State the nature of the involvement performed directed it to be performed
financed sponsored received results etc.
eee State when where and at what intervals said study was performed
eee
Identify any and all persons firms or entities which performed said study
eee
Identify any and all documents referring to relating or reflecting said study or the
results thereof and
e State all means by which the results of said study were disseminated including if
applicable publication and identify any and all persons who received said results
and any and all publicationsin which said results appeared
ANSWER
David Bissonnette PACCAR's industrial hygienist received a report dated 1978 titled Estimates of the Fraction of Cancer in the United States Related to Occupational Factors PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is obtained
INTERROGATORY NO 88
Did Defendant at any time during the period that the products listed in response to Interrogatory Nos 19 and 42 were manufactured sold applied or installed inform any purchaser or user of said products that such products could cause cancer asbestosis and other serious
diseases
ANSWER
Yes Please see answers to interrogatory numbers 63 and 72
33
INTERROGATORY NO 89
Did Defendant any predecessor or any related company or any workers compensation insurance carrier thereof ever have any claims for lung diseases or death from lung disease whether directly or indirectly attributed to asbestosis mesothelioma lung cancer or exposure to
.
containing products
ANSWER Yes
INTERROGATORY NO 90 If your answteororiginalInterrnuo mbg er awtao sryy es please provide the-
followinginformation for each and every employee of the defendant predecessor or related
provide company with such a claim If the claimant was a employee please
for the first 100 cases of which the defendant had notice
the information
a
Identify the claimant
b
Identify the entity against which the claim was filed
c
State the date upon which the claim was filed
d
List the locations at which claimant was exposed to asbestos
e
Identify each and every board administrative body commission or court which
handled or reviewed said claim and state the state the style and cause number
applicable to said claim before each such body
f
Identify the disease alleged by claimant
g
State the final disposition of the claim including any and all benefits paid and the
entity making such payments
h
If different from the date on which the claim was filed state the date on which
defendant first had notice of the claim and
i
Identify any and all documents referring to relating to or reflecting said claim
ANSWER
PACCAR's Kenworth and Peterbilt divisions have located three workers compensation
limited claims alleging lung disease It has
follows
information on them The information it hasis as
Albert Luperine vs. Peterbilt PACCAR Inc Peterbilt Newark Plant California WCAB No SF0 0370-237 Claim No 100 940 001. The Judge in the case issued an Order of Dismissal and found that the record did not sufficiently establish that Mr. Luperine was exposed to asbestos We believe this claim was filed in the early 1990s
Florence Igne Alfred M. Igne deceased vs. PACCAR Inc. Peterbilt Newark Plant California WCAB No SF0 0416949 Claim No 6018003391. Parties to the claim settled
PACCAR's payment was 500 We believe this claim was filed in the late 1990s
Jerald Ogan v Kenworth Truck Co. Chillicothe Ohio factory Claim filed June 5 2002 Industrial Commission of Ohio Claim 00-821905 mesothelioma The Judge denied the claim
- based on insufficient evidence of exposure to asbestos at Kenworth and lack of medical evidence
relating the death to any exposure This determination was upheld on appeal No payment made
34
PACCAR's investigation continues and PACCAR the reserves right to supplement and modify this answer as more information is obtained PACCAR objecttos this interrogatory to
the extent it requests information on former related companies that did not produce vehicles with friction components Inquiries concerning products that were produced with different materials under different conditions in the past are not reasonably calculated to lead to discoverable evidence regarding the alleged health hazards of friction products
INTERROGATORY NO 91
How many past or present employees of Defendant its predecessors or related companies
are
known
by
you
who
claimto
be suffering
fromto
have
suffered
from
or
to
have
suffered
deathscaused by
ee
a
asbestosis
b
lung cancer
c
mesothelioma
ANSWER
PACCAR does not maintain statistics of this type for its past or present employees The three individuals identified in answer to interrogatory number 90 claimed mesothelioma or lung cancer disease Identification of an illness or cause of death of employees are employee medical
records maintained by various third party providers of health life and disability benefits
v
INTERROGATORY NO 92
For each employee who claims she referencedin your answer to Interrogatory No.
91 state the date that Defendant first knew or had notice or information that such past or
present employee was suffering or had suffered from
a
asbestosis
b . lung cancer
c
mesothelioma
ANSWER
Please see answer to interrogatory number 90
INTERROGATORY NO 93
Identify any and all material safety data sheets concerning the products listed in response to Interrogatory Nos 19 and 42 prepared at any time by or on behalf of Defendant any predecessor or any related company
ANSWER
PACCAR does not prepare material safety data sheets for its heavy duty trucks
INTERROGATORY NO 94
Identify any and all trade organizations associations or other entities including but not limited to American Textile Institute ATI Asbestos Information Association AIA Industrial
35
Health Foundation or Industrial Hygiene Foundation IHF National Insulation Manufacturers Assn NIMA National Insulation Contractors Assn NICA National Safety Council NSC American Ceramics Society ACS National Building Materials Distributors Assn NIA Sprayed Mineral Fiber Manufacturers Assn SMFMA Thermal Insulation Manufacturers Assn TIMA Quebec Asbestos Mining Assn QAMA to which Defendant any predecessor or any related company has belonged or in which any or all of the same have participated since 1925 and state the applicable dates of such membership or participation
ANSWER
PACCAR's records of trade association memberships are not complete It was a member
of the National Safety Council from 44-7 It was a member of the Motor
Manufacturers Association for several years It may have had memberships in other trade
Vehicle"
associations related to its principal business Dave Bissonnette PACCAR's of _.
Industrial Hygiene and Safety states that he belonged to the American Industrial Hygiene
Association from 1974-1980 the American Board of Industrial Hygienists and the American
Society of Safety Engineers PACCAR's investigation continues and PACCAR reserves the
right to supplement and modify this answer as more information is obtained
INTERROGATORY NO 95
Identify any and all persons attending on behalf of Defendant any predecessor or any related company any meetings seminars or symposiums held by the trade organizations associations or other entities identified in response to Interrogatory No. 94. This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
ANSWER
Unknown PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is learned
INTERROGATORY NO 96
Did any officer employee agent or representative of Defendant of any predecessor or of
any related company serve at any time as
a
an officer director or official of any trade organization association or entity
identified in response to Interrogatory No. 94
b | member of any committee or subcommittee of any trade organization
association or entity identified in response to Interrogatory No. 94
c
the chair of any committee or subcommittee of any trade organization association
or entity identified in response to Interrogatory No. 94
d __ the representative or liaison for any trade organization association or entity
identified in response to Interrogatory No. 94 to any other trade organization
association or entity including but not limited to A.T.I. I.H.F. N.I.M.A. A.I.A.
N.I.C.A. T.I.M.A. Q.A.M.A. N.A.C. N.S.C. A.C.S. N.B.M.D.A. N.I.A.
S.M.F.M.A.
36
This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
ANSWER
PACCAR has no record that any employee served as an officer committee member or liaison of the organizations identified PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is learned
INTERROGATORY NO 97
which For each
of Interrogatory No. 96 to
serving
subpart identify each capacity your every person servingin such
and
answer is Yes
seme
for which such a
state the trade organization association or entity
service was
and
a
rendered
b specify the capacity of service including identifying any specific committee
organizations subcommittee or other trade
c
state the applicable dates of service
associations or entities involved and
This interrogatory was limitedin time to the period 1930 to 1980 by the Court pursuant to Order '
dated April 14 2000.
ANSWER
Not applicable
INTERROGATORY NO 98
Identify any and all documents which Defendant its predecessor or any related company submitted to or received from the organizations listed in response to Interrogatory
Nos 94 and 97
a
which refer to relate to or reflect the subject of asbestos
b
which refer to relate to or reflect a relationship between asbestos exposure and
any disease and
c
which refer to relate to or reflect the placement or providing of warnings with
respect to hazardous products
This interrogatory was limitedin time to the period 1930 to 1980 by the Court pursuant to Order
dated April 14 2000.
ANSWER
PACCAR has located a 1980 newsletter from the National Safety Council styled Automotive Tooling Metalworking and Associated Industrials Newsletter PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as
more information is obtained
INTERROGATORY NO 99
Identify any and all documents including but not limited to minutes bulletins or reports created by or on behalf of any trade organization association or entity listed in response to
37
Interrogatory No. 94 and 97 or any committee subcommittee or subgroup thereof
a
which refer to relate or reflect the subject of asbestos
b
which refer to relate to or reflect a relationship between asbestos exposure and
any disease or
c
which refer to relate to or reflect the placement or providing of warnings with
respect to hazardous products
This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order
dated April 14 2000.
ANSWER See
answer
to
interrogatory
number
98
. INTERROGATORY NO 100 _ Identify any and all documents including but not limited to minutes bulletins or reports
received by or on behalf of any trade organization association or entity listedin response to
Interrogatory No. 94 and 97 or any committee subcommittee or subgroup thereof
a
which refer to relate to or reflect the subject of asbestos
b
which refer to relate to or reflect a relationship between asbestos exposure and
any disease or
c which refer to relate to or reflect the placement or providing of warnings with
respect to hazardous products
This interrogatory was limitedin time to the period 1930 to 1980 by the Court pursuant to Order
dated April 14 2000.
ANSWER
Please see answer to interrogatory number 98
INTERROGATORY NO 101
Identify any and all agreements oral or written between or among Defendant any of the
other defendants in this lawsuit any organization association or other entity including but not
limited to those identified in your answer to Interrogatory No. 94 and any medical or
scientific foundations relating to the standardization of
a
Specifications for asbestos cloth products
b
Specifications for paper or burlap bags or other packaging to be used for the
transport and storage of asbestos cement
c
Warning or caution labels to be applied to asbestos products and their
packaging cartons containers or boxes
d
Methods of dissemination of public relations information to defendant's
purchasers advertisers distributors factory workers contractors insulators
users consumers of asbestos products and the general public
e
Safety equipment and protective clothing to be utilized while handling
defendant's asbestos products
f
Medical programs to be offered or sponsored by defendant
38
This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
ANSWER None
INTERROGATORY NO 102
Did Defendant any predecessor or related company direct to be performed sponsor in
whole or in part finance in whole or in part receive the results of or become aware of any
Laboratory Trudeau tests performed studies or tests
by the Saranac Lake
asbestos exposuraend its effects upon human health
of the
Foundation relating to n
ANSWER
No.
INTERROGATORY NO 103
If your answer to Interrogatory No. 102is Yes
predecessor a
Identify any and all documents received by Defendant its
.
or
related company referring to relating to or reflecting any findings or results of
those studies or tests and state the date upon which each was first received
b = Identify any and all communications oral or written between Defendant its
predecessor or a related company and Saranac personnel including but not limited to Gent W.H. Schepers M.D
c
Identify any and all documents referring to relating to or reflecting the Saranac
studies received or submitted by Defendant its predecessor or a related
company either directly through related or predecessor companies through other
companies or through any trade associations organizations or other entities and
d Identify any and all documents referring to relating to or reflecting
recommendations or findings of such studies relating to
e
Adequacy or inadequacy of threshold limit values
f
Substitution of materials other than asbestos to be used in the insulation process
ANSWER
Not applicable
INTERROGATORY NO 104 .
With respect to each subject listed below state whether said subject was at any time discussed at a meeting of the board of directors of Defendant any predecessor or any related
company
a
b
The sale and marketing of any containing product including but not limited to the products listed in response to Interrogatory Nos 19 and 42
= The health hazards resulting from exposure to asbestos including but not limited
to exposure resulting from the use application or removal of containing
39
@
products
c
The placement or possible placement of warning labels on containing
products or their packages or in sales literature therefore including but not
limited to the products listed in response to Interrogatory Nos 19 and 42 and
d
Any test survey study or similar matter concerning asbestos or asbestos-
~
containing products including but not limited to the products listed in response
to Interrogatory Nos 19 and 42
ANSWER
PACCAR did not manufacture or use containing products as that term is
commonly used in asbestos litigation PACCAR sell heavy
trucks:and-replacement=
-
-
parts which incorporated brake linings clutch discs and other components Further stating
PACCAR has no record of having discussed the items listed at its board of director meetings
_
Y
INTERROGATORY NO 105
If your answer to any one or more of the subparts of Interrogatory No. 104 is Yes then
with respect to each subpart for which you answered Yes
a
Identify each and every board meeting at which said subject was discussed by
stating the date on which and the location at which each meeting was held
b _ _Identify any and all persons present at each such meeting and
c
Identify any and all documents including but not limited to minutes referring to
a
relating to or reflecting each such meeting
ANSWER
Not applicable _
INTERROGATORY NO 106
Identify any and all seminars symposiums conferences or like gatherings attended by any
officer agent or representative of Defendant any predecessor or any related company at which the subject of asbestos the health hazards of asbestos exposure or the placement or providing of warnings was discussed
ANSWER
In 1976 Assistant Professor Peter A. Breysse of the University of Washington School of Public Health and Community Medicine presented a session on asbestos health hazards based on the studies of Dr. Irving Sellikoff at Mt. Sinai Health Center for PACCAR Safety and Health
staff In the 1990s PACCAR participated in a local stakeholders meeting concerning air
pollution in the Puget Sound area Asbestos may have been referenced during a meeting In 2001 PACCAR attended a seminar on asbestos litigation PACCAR's investigation continues and PACCAR reserves the right to supplement and
modify this answer as more information is obtained
40
INTERROGATORY NO 107
Identify any and all documents including but not limited to notes reports minutes or
bulletins which refer to relate to or reflect any meeting identifiedin response to Interrogatory
No. 106
ANSWER
PACCAR has a copy of a handout from 1977 titled Safety and Health Presentation for Senior Management August 4-5 1977 Future Trends in Occupational Safety and Health that may have been presented PACCAR's investigation continues and PACCAR reserves the right
to supplement and modify this answer as more information is obtained
INTERROGATORY NO 108
With respectto each job site within 200 miles of Madison County and identified by
any plaintiff who has asserted claims against this defendant ) identify any and all documents referring to relating to or reflecting the purchase sale delivery use application or ordering of any of the products listed in response to Interrogatory Nos 19 and 42 by for to or at said site and ii identify any and all persons known by Defendant to have knowledge concerning the
same
ANSWER
Upon the tender of specific information regarding a specific plaintiff's job sites
PACCAR will respond to this interrogatory
INTERROGATORY NO 109
n
Identify any and all parties located within a 200 mile radius of Madison County Illinois
including but not limited to distributors suppliers or contractors known by you to have
purchased received sold distributed applied or otherwise used at any time an or y all of the
products listed in response to Interrogatory Nos 19 and 42
ANSWER
Kenworth and Peterbilt dealershipsin Illinois and Missouri have purchased PACCAR
vehicles for resale to customers
INTERROGATORY NO 110 Other than cases identified in Interrogatory numbers 89 and 90 has defendant any
predecessor or any related company ever appeared as a party in any lawsuit involving a claim or claims based upon allegations of property damage or seeking recovery of the costs of abatement from the use application installation or presence of asbestos or containing products
ANSWER No.
INTERROGATORY NO 111
41
@
If your answer to Interrogatory No. 110 is Yes identify each such lawsuit as follows .
a Identify the plaintiff
b
Identify all other defendants
c
State when and where the case was filed
d
Identify each court in which the case was heard or is pending including appeals
and state the style and cause number of the case in each court and
e
State the current status of the case if it remains pending or if the case has been
disposed of state the final disposition
ANSWER
Not applicable
INTERROGATORY NO 112
_
|
In any lawsuit as described in Interrogatory numbers 89 90 110 and 111 has Defendant been subject to sanctions a contempt citation or similar action for failing or refusing to comply
_ with any court order for discovery fraud or for the failure to provide complete accurate and
truthful responses to discovery
ANSWER No.
@
.
@
INTERROGATORY NO 113
If your answer to Interrogatory No. 112 is Yes with respect to each such occasion
described
@
Identify the lawsuit involved the court which imposed the sanctions or issued the
contempt citation and any other court which reviewed the same
00
Describe the violation for which sanctions or contempt was imposed
00
If the violation involved the failure or refusal to produce any document identify
any and all such documents
d
If the violation involved any failure to truthfully answer or to respond to
interrogatories identify any and all such interrogatories and your response thereto
including the person answering on your behalf
e
State the present status or final disposition of the matter which ever is applicable
and
f
Identify any and all documents referring to relating to or reflecting said matter
including but not limited to pleadings exhibits and court orders
ANSWER
Not applicable
INTERROGATORY NO 114
In any lawsuit involving a claim or claims based upon allegations of injury impairment disease or death allegedly caused by exposure to asbestos has any document or conversation as
42
to which the defendant any predecessor or related company asserted the attorney privilege
been held by any court to be not privileged on the basis of the crime exception
ANSWER No.
INTERROGATORY NO 115
If your answer to Interrogatory No. 114 is Yes identify any and all such documents or
conversations described and with respect to each
a
Identify all persons whose actions were held to constitute a
crime ( Statethecurrentstaofttuhescdouertt'serminatiaonnd
disclosing the document c
State whether you assert the
with respect to
privilege conversation in this case ae
or fraud
or
ANSWER
Not applicable
INTERROGATORY NO 116
Identify any and all expert witnesses who have testified on behalf of the defendant any predecessor or related company in the last ten years in any lawsuits involving a claim or claims based upon allegations of injury impairment disease or death caused by exposure to asbestos or a claim or claims based upon allegations of property damage from the use application
installation or presence of asbestos or containing products or issueosf insurance
coverage for any claims of personal injury or property damage arising out of the exposure to use of application of installation of or presence of asbestos or containing products
ANSWER
This interrogatory was withdrawn by the Plaintiff or stricken by the Court pursuant to Order dated April 14 2000
INTERROGATORY NO 117
Identify any and all present or former directors officers employees or agents of defendant any predecessor or related company who have testified in any manner whatsoever including a discovery or evidence deposition or in a trial in the last 20 years on behalf of or against the defendant any predecessor or related company in any lawsuits involving a claim or claims based upon allegations of personal injury or property damage caused by exposure to the use of the application of the installation of or the presence of any asbestos or asbestoscontaining product other than persons who testified as plaintiffs in their own cases Specifically included within the scope of this request are any suits involving the issue of insurance coverage for claims of personal injury or property damage resulting from the exposure to the use application installation or presence of asbestos or containing products
ANSWER
43
This interrogatory was withdrawn by the Plaintiff or stricken by the Court pursuant to Order dated April 14 2000
INTERROGATORY NO 118
Identify any and all present or former directors officers employees or agents of the defendant any predecessor or any related company other than persons appearing as adverse parties who have testified against the defendant any predecessor or any related company in the last 20 years in any proceeding involving the subject of asbestos including but not limited to workers compensation hearings or any hearing before any governmental body
1
e
0
Plaintiff pursuant This interrogatory was withdrawn by the
or stricken bythe Court
to to
- Order April 14 2000
INTERROGATORY NO 119
With respect to your answers to Interrogatory numbers 116 117 and 118 identify any and all documents including but not limited to transcripts or notes of testimony referring to relating to or reflecting the testimony of such expert witnesses or employees directors officers
or agents
ANSWER
Plaintiff This interrogatory was
withdrawn Order dated April 14 2000
by the
or stricken by the Court pursuant to
INTERROGATORY NO 120
Has Defendant any predecessor or any related company ever been cited warned fined
or sanctioned for any violation of a federal or state statute law rule ordinance code
administrative order executive order or the like by any federal or state governmental entity
which violation concerned asbestos in any way This interrogatory was redraftaendd limited
in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
ANSWER
Upon information presently known PACCAR is not aware of having been cited warned fined or sanctioned for any violation of a federal or state statute law rule ordinance code administrative order executive order or the like by any federal or state governmental entity
which violation concerned asbestos in any way between 1930 and 1980. PACCAR's
investigation continues and PACCAR reserves the right to supplement and modify this answer as
more information is obtained
INTERROGATORY NO 121
If your answer to Interrogatory No. 120is Yeswith respect to each such violation
a Identify the governmental entity issuing the citation warning fine sanction or
write
b
State the date of the citation warning fine sanction or write
c
Describe the violation and state the date during which it occurred
d
Identify the statute law rule ordinance code or order to which the violation
related
e
State what if any specific fine penalty or sanction was imposed
f
State the date in which and the manner in which said violation was corrected
g
Identify any and all officials of Defendant its predecessor or its related company
having knowledge or notice of said violation and state the date on which said
knowledge or notice was received and
h
Identify any and all documents referring to relating to or reflecting said violation
~=rnenvenno This interrogatory limited time pursuant
dated April 14 2000.
ANSWER
Not applicable
INTERROGATORY NO 122
Has any federal or state government entity at any time conducted any inspection test or survey concerning asbestos or asbestos exposure at any facility where the products listed in response to Interrogatory Nos 19 and 42 were manufactured processed applied used or removed This interrogatory was redrafted and limited in time to the period 1930 to 1980 by the Court pursuant to Order dated April 14 2000.
ANSWER
As a facility owner certain of PACCAR's buildings and facilities underwent asbestos
abatement during renovation Certain governmental agencies may have been inspected with
respect to compliance with the abatement regulations Such projects are unrelated toPACCAR's
vehicle manufacturing operations or to the allegations of plaintiff Please also see answer to interrogatory number 121
INTERROGATORY NO 123
If your answer to Interrogatory No. 122 is Yes then with respect to each such
inspection test or survey
a
Identify the governmental entity conducting the same
b
State the date on which the same was conducted
c
Describe the nature of the inspection test or survey including but not limited to
the results or conclusions thereof and
d
Identify any and all documents referring to relating to or reflecting the same
This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order
dated April 14 2000.
ANSWER
See answer to interrogatory number 122
45
@
= INTERROGATORY NO.124 Identify
a
Any expert whom you intend to call as a witness
b
The subject matter on which the expert is expected to testify
c
The substance of the facts and opinions to which the expert is expected to testify
d | summary of the grounds for each opinion
e
The address of such person and field of expertise
f
Identify and produce each treatise article or text upon which the expert will rely
in testifying
@
Unknown at this time PACCAR reserves the right to retain and disclose testifying experts including the materials they relied upon consistent with court rules and orders
INTERROGATORY NO 125
Are there any policies of insurance which provide or might provide coverage on behalf of Defendant any predecessor or any related company for the injuries alleged in Plaintiffs complaints
ANSWER Yes
INTERROGATORY NO 126
If your answer to Interrogatory No. 125 is Yes identify each such policy of insurance as
follows
a
Identify the insurer
b Identitfhye insured
c
State the date on which the policy was first purchased and the date on which the
policy expired or was terminated
d
Describe the coverage provided including but not limited to the time period over
which the policy applied the nature of the acts omissions and injuries covered
and whether the policy provides primary or excess coverage and
e
State the dollar limits of the coverage provided including if applicable the per
person limitations and per occurrence limitation
ANSWER
The Court pursuant to Order dated April 14 2000 entered a protective order providing that The Simmons Firm shall utilize the information provided only in the prosecution of their cases now filed or to be filed by them in the future and shall not disseminate or otherwise disclose the information contained in those answers outside of The Simmons Firm without prior
Court order Further stating this information is lengthy PACCAR will produce specific information upona specific request which includes a time period
46
INTERROGATORY NO 127
With respect to each policy describedin response to Interrogatory No. 126 state
a
the dollar amount of coverage which remains unexpended and
b
whether any dispute exists between insurer and insured with respect to coverage
Pursuant to Court Order dated April 14 2000 interrogatory question number 127 is limited
in scope to any litigation disputes between insurer and insured with respect to coverage
ANSWER
Please see answer to interrogatory number 126
INTERROGATORY NO 128
==
Other than the policies of insurance described responseInterrogatory
there exist any agreements providing for the benefit of Defendant any predecessor or any related
company complete or partial indemnification for anyor all expenses incurred with respect to any _
judgments or all of these cases including but not limited to,
and attorneys fees
settlements costs experts fees
ANSWER
The Court pursuant to Order dated April 14 2000 entered a protective order providing that The Simmons Firm shall utilize the information provided only in the prosecution of their cases now filed or to be filed by them in the future and shall not disseminate or otherwise disclose the information contained in those answers outside of The Simmons Firm without prior Court order Further stating no
INTERROGATORY NO 129
If your answer to Interrogatory No. 128 is Yes for each such agreement
a
Identify all parties to the agreement and state the capacity of each such party i.e.
indemnitor indemnitee etc.
b
State the terms of the agreement including the nature of the expenses covered
and if applicable any limitations on payment reimbursement or indemnification
and
c Identify any and all documents referring to relating to or reflecting said
agreement
ANSWER
The Court pursuant to Order dated April 14 2000 entered a protective order providing
that The Simmons Firm shall utilize the information provided onlyin the prosecution of their cases now filed or to be filed by them in the future and shall not disseminate or otherwise disclose the information contained in those answers outside of The Simmons Firm without prior Court order Further stating not applicable
INTERROGATORY NO 130
Was this Defendant ever allowed to use the trademark or logo of any other company including but not limited to its predecessor or related company on any products Defendant sold
47
distributed or installed and if so please state
a
The trademark or logo used by you
b
The company allowing such use of its trademark or logo
c
The time period such use was allowed
d
Whether such use was by written verbal or implied agreement
e
Each and every product such trademark or logo was placed upon
f
Identify all documents which refer to relate to or reflect the use of such trademark
or logo
Pursuant to Court Order dated April 14 2000 interrogatory question number 130 is limited in
scope to any asbestos containing product]
ANSWER
Yes Please see to answers interrogatory numbers c and 30 |
INTERROGATORY NO 131
From 1940 to present state whether Defendant and any predecessor or related
company ever provided workers compensation health accident and disability and life
insurance coverage for its employees and if so
a
Identify each insurance carrier which provided workers compensation health
accident and disability and life insurance coverage to your employees and the
dates such coverage was provided by each such carrier
b
State whether such insurance carrier ever conducted any dust counts or studies
industrial hygiene surveys or other tests relating to any containing
products that Defendant's employees may have been working with or around and
c
If your response to subpart b hereof is in the affirmative please indicate the date
of each such count study survey or other test and identify all documents relating
thereto
This interrogatory was limited in time to the period 1930 to 1980 by the Court pursuant to Order
dated April 14 2000.
ANSWER
a
b c
Subpart a of this interrogatory was withdrawn by the Plaintiff or stricken by the Court pursuant to Order dated April 14 2000. Further stating yes This information is voluminous PACCAR also observes that its employees are not plaintiffs and have not been exposed to asbestos in excess of prescribed levels in the assembly of its trucks Further stating PACCAR's facilities and its insurers for those facilities are located in various locations throughout the United States
Finally the requested time period covers a 50 year period Upon a specific
request for a time period and location PACCAR will attempt to locate the specific information
. Yes
In April 1986 Employers Insurance of Texas analyzed a dust sample for asbestos The sample was collected on pallets and the floor around brake shoes No
48
asbestos was detected PACCAR's investigation continues and PACCAR reserves the right to supplement and modify this answer as more information is
obtained
INTERROGATORY NO 132
Other than cases identified in Interrogatories 89 90 110 and 111 has defendant any predecessor or any related company ever appeared as a party in any lawsuit involving a claim or claims based upon issues of insurance for any claim of personal injury property damage or cost of abatement arising out of the exposure to use of application of installation of or presence of asbestos or containing products
ANSWER
No. PACCAR's investigation continues and PACCAR reserves the right to supplement
and modify this answer as more information is learned
INTERROGATORY NO 133
If your answer to Interrogatories 89 90
follows
110 and 111 is yes identify each such lawsuit as
a
Identify all plaintiff
b Identify all defendant
c
State when and where the case was filed
d
Identify each court in which the case was heard or is pending including appeals
and state the style and cause number of the case in each court and
e
State the current status of the case if it remains pending or if the case has been
disposed of state the final disposition
ANSWER
Not Applicable
INTERROGATORY NUMBER 134
Is the defendant any predecessor or related company claiming any document responsive to any interrogatory or any request for production filed by The Simmons Firm as being protected from disclosure because of a privilege claimed for any reason If yes please list each document being claimed as protected from disclosure in a privilege log providing the date of the document the identity of the author what individual or entity the document was addressed to the identity of any individuals or entities provided copies of the document a brief description of the nature of the document and the particular privilege claimed as shielding the document from disclosure
ANSWER
To the extent that any documents for which PACCAR seeks to makea claim of privilege
a log will be provided
49
WA
STATE OF ILLINOIS
)
Skasit _)
COUNTY OF
MADISON )
ATTESTATION
SS
I hereby certify that I am authorized to respond to these interrogatories on behalf of PACCAR Inc in my capacity as Technical Center General Manager and that to the extent that I am personally familiar with the information set forth in the answers I certify
answ thae t anr swes rs persexo tenn t ama not pl ersonal lly fay miliar with the
information provided in said answers I certify that the information is correctto the best
of my information and belief based on investigation of these matters
'
. Bob Morrison
Subscribed and sworn to before me this 14
ene
Notary Public
FRIZZEL SAMANTHA SAMANTHA J. FRIZZEL SAMANTHA FRIZZEL FRIZZEL
day of July 2004
PROOF OF SERVICE
The undersigned states that a copy of PACCAR INC.'s Answers to Plaintiffs
Interrogatories and Certificate
o16fth delivery of the same on this 16th
Service was served on the party as below addressed by hand
,
day of July 2004
f
ff
a ware
Mr. Ted Gianaris Esq Mr. Joe Kusmierczak Esq SimmonsCooper LLC
707 Berkshire Blvd. East Alton Illinois 62024
Attorneys for Plaintiffs
Steven A. Hart Esq Jason L. Kennedy Esq Nicholas A. Caputo Esq Sanjay Shivpuri Esq Maura Yusof Esq Segal McCambridge Singer & Mahoney Ltd.
PlaIz BM Pa laza Suite 200
Chicago Illinois 60611 Attorneys for Defendant
. of
CIRCUITUUL IN THE CIRCUIT COURT OF THE THIRD JUDICIAL
MADISON COUNTY ILLINOIS
16. AM
CIRCUITUUL
AM
IN RE ALL ASBESTOS LITIGATION
)
FILED BY THE SIMMONSCOOPER
)
FIRM LLC
)
)
Plaintiffs )
)
A.W. CHESTERTON INC et al
)
)
Defendants )
CERTIFICATE OF SERVICE
Mr. Ted Gianaris Esq Mr. Joe Kusmierczak Esq SimmonsCooper LLC
707 Berkshire Blvd.
East Alton Illinois 62024
SEGAL MCCAMBRIDGE SINGER & MAHONEY LTD Maura Yusof hereby states that
copies of Defendant PACCAR INC.'s Answers to Plaintiffs Interrogatories this Certificate of
Service were submitted to the named attorney via HAND DELIVERY on the
16th day of July
2004
Mara Mara
Mara Mara Mara
Steven A. Hart Esq Jason L. Kennedy Esq Nicholas A. Caputo Esq Sanjay Shivpuri Esq Maura Yusof Esq Segal McCambridge Singer & Mahoney Ltd. One IBM Plaza Suite 200 Chicago Illinois 60611 312 645-7800
JungJung
Jung Jung
PROOF OF SERVICE
The undersigned states that a copy of PACCAR INC.'s Answers to Plaintiffs Interrogatories and Certificate ofService was served on the party as below addressed by hand
delivery of the same on this 16th 16th day of July 2004
Mr. Ted Gianaris Esq Mr. Joe Kusmierczak Esq SimmonsCooper LLC
707 Berkshire Blvd.
East Alton Illinois 62024 Attorneys for Plaintiffs
Steven A. Hart Esq Jason L. Kennedy Esq Nicholas A. Caputo Esq Sanjay Shivpuri Esq Maura Yusof Esq Segal McCambridge Singer & Mahoney Ltd. One IBM Plaza Suite 200 Chicago Illinois 60611 Attorneys for Defendant
Cegal McCambridge McCambridge McCambridge McCambridge McCambridge McCambridge
July 29 2004
Nicholas A. Caputo Direct 312 645 7901 Ncaputo@smsm.com
VIA FEDERAL EXPRESS Mr. Joe Kusmierczak
SimmonsCooper LLC
707 Berkshire Blvd. East Alton Illinois 62024
Re All Asbestos Litigation Filed by the SimmonsCooper Firm
@
Dear Mr. Kusmierczak
Per the request of your associate Mr. Jackstadt I am forwarding a copy of Paccar Inc.'s Discovery Responses As was the topic of our conversation and emails this afternoon we had previously provided this discovery to your firm by way of hand delivery at the July 16 2004 court hearing Nevertheless we are happy to provide you with this additional copy until you can put your finger on the original
As always do not hesitate to contact me with any questions or concerns at any time
Very yours
Nicholas A. Caputo
Cc
Eric D. Jackstadt w encl
Ted Gianaris w encl
Steve Hart
ASBESTOS Simmons 2004 Trial Groups to Joe Kusmierzak re all asb litigation encl discovery responses.doc
One IBM Plaza 330 North Wabash Suite 200 Chicago Illinois 60611 www.smsm.com Tel 312 645-7800 Fax 312 645-7711