Document EvyKbqMYko2aY3NvRLnqM6yyV

FILE NAME: Garlock (GAR) DATE: 2000 DOC#: GAR046 DOCUMENT DESCRIPTION: Legal - Filing of Defendant No. 94-CM0078 IN RE: ALL ASBESTOS-RELATED PERSONAL INJURY OR DEATH CASES FILED OR TO BE FILED IN BEXAR COUNTY, TEXAS IN THE DISTRICT COURTS OF BEXAR COUNTY, TEXAS DEFENDANT, GARLOCK INC'S OBJECTIONS, ANSWERS AND RESPONSES TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION TO: ALL COUNSEL OF RECORD NOW COMES. GARLOCK INC ("GARLOCK), one of the Defendants in the above-entitled cause, and files the attached Objections, Supplemental Answers and Responses to Interrogatories submitted by Plaintiffs, pursuant to the Texas Rules of Civil Procedure. Respectfully submitted, SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. AttoYijieys for Defendant, GARLOCK INC---" William F. Mahoney State Bar Number 24001507 Melissa K. Terrel! State Bar Number 06937020 Segal McCambridge Singer & Mahoney, Ltd. 400 West 15th Street, Suite TOO Austin, Texas 78701 ' Phone: (512)476-7834 Fax: (512) 476-7832 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy o f the above and foregoing instrument o f GARLOCK INC was sent by certified mail, return receipt requested, to counsel for Plaintiffs and by regular mail to all other counsel o f record on the i5 \ day of ___________, 2000. Segal McCambridge Singer & Mahoney 400 West 15th Street, Suite 700 Austin, Texas 78701 Ph: (512)476-7834 Fax: (512)476-7832 -2- having made a change or modification. (c) The nature o f the hazard or defect which resulted in such change o r modification. ANSWER: No. INTERROGATORY NO. 14: Has Defendant or any o f its predecessor or subsidiary companies at any time published or distributed any printed material, including brochures, pamphlets, catalogs, packaging o r other written material o f any kind or character containing any warnings concerning the possibility of injury resulting from the use of the asbestos-containing products listed in Interrogatory No. 6? if so, state: (a) The names of each relevant product. (b) The exact wording of each warning statement on each printed material. (c) A description of the printed material other than the warning statement. (d) The method used to distribute the warning to persons likely to use the product. (e) The date each warning was first issued, distributed or placed on packaging. (f) The name, address and job title of each person responsible for having drafted or issued the warning. (g) The current location o f any such printed material and the custodian thereof. (h) The form in which such literature or printed material can be accessed, i.e., the manner in which such literature is indexed or stored. -16- ANSWER: Yes. (a) Caution labels were placed on ail o f the asbestos products identified in Exhibit B in 1977 (assuming the individual product was stili being manufactured by GARLOCK at that time). GARLOCK placed a caution label on its limited line of asbestos textile products (doth and yam) in 1972. (b) The caution label stated, "CAUTION: Contains asbestos fibers. Avoid creating dust. Breathing asbestos dust may cause serious bodily harm." This is the caution label language established by OSHA, Section 1910.1001, par. .2(ii), GARLOCK placed this label on its products in 1977, although gaskets and packings are exempt from the OSHA caution label requirement. (c) A sim ilar caution and warning notice has been contained in GARLOCK's product literature and catalogs since 1977. (d) The caution label was placed on the product packaging and the product itself. (e) August, 1977; For textile products, (doth and yam) 1972. (f) The decision to place a caution label on GARLOCK's asbestos-containing products was a consensus decision made by GARLOCK management in 1977. Management personnel involved included John Guffey (Compressor Packing Division), Alexander Kuzmuk (Construction Products), Gordon LeRoy (Engineering), Mike Panarites (Personnel), Herb Schaefer (MRD Operations) and Ron Stay (Marketing). The decision to place a caution label on textile products in 1972 was made by Alexander Kuzmuk. None o f these individuals are currently employed by GARLOCK. (g) Caution labels samples have been previously produced to Baron & Budd. (h) Not applicable. -17- reports relating to asbestos hazards published or disseminated by the National Safety Council. (d) Not applicable. INTERROGATORY NO. 21: Identify by name and location each plant or manufacturing facility in which the products listed in your answers to Interrogatory Nos. 3-6 were manufactured, assembled or prepared for sale or marketing, specifying which plants produced each item, the dates each plant Is or was in operation, and the time span during which each named item was produced or manufactured. ANSWER: GARLOCK has operated the following plants which manufactured the asbestos-containing products identified in Exhibit B during certain time periods. 1. GARLOCK INC plant in Palmyra, New York. This was GARLOCK*s principal manufacturing facility and has manufactured compressed asbestos sheet material from the early 1900's to the present. Asbestos packing products were also manufactured in Palmyra from the early 1900's to 1976. All style numbers listed on Exhibit B could be manufactured at the Palmyra plant during those years. 2. GARLOCK INC plant in Sodus, New York. GARLOCK manufactured braided asbestos packing products at this plant from 1976 to 1981. All packing products listed in Exhibit B could be manufactured at the Sodus facility. 3. Gartock o f Canada owned and operated a manufacturing facility at 66 Jutland in Toronto, Canada from 1962 to 1991. This plant manufactured the compressed asbestos sheet and braided packing products listed in Exhibit B. From 1991 to the present, Cariock of Canada has operated a facility at 2860 Plymouth Drive in Oakville, Ontario. Asbestoscontaining braided packing products were manufactured at that facility from 1991 to March 1999. Gartock of Canada has operated a plant at 4100 Rue Sherbrooke, Quebec, -25- Canada from 1976 to the present. This plant manufactures and sells asbestos cloth and yam. The compressed sheet and asbestos packing materials manufactured in Canada are not sold to customers in the United States. 4. Garlock de Mexico, SA de CV operates a plant in Mexico City, Mexico. The address is Apartado Postal 15-103; Poniente 116, No. 571; Colonia Industrial Vallejo; Deiegacion Azcapotzalco; 02300, Mexico, DF. Garlock de Mexico has manufactured compressed asbestos sheet materials and braided compression packing from 1964 to the present The compressed asbestos sheet materials manufactured in Mexico are primarily Style Numbers 900, 7021,7405,8748, 7006 and 7228. The braiding packing style numbers manufactured in Mexico are 117,127,150, 234,731,1019,1020,1021,2601,2602,2603,2611 and 5862. The asbestos-containing compression sheet and braided packing materials manufactured in Mexico are not sold to customers in the United States. 5. GARLOCK PTY, Ltd. (Sealing Technology Division) has owned and operated a plant at 10 W illis Street in Amcliffe, Australia since 1970. They began selling asbestoscontaining braided packing products in 1970. This entity never sold asbestos-containing products to customers in the United States. 6. GARLOCK INC owned an interest in a textile plant (E.R.l.CA.) in Barcelona, Spain. This plant manufactured asbestos cioth and yam and compression packing until M arch, 1979. 7. GARLOCK manufactured spiral wound gaskets at the former United States Gasket plant in Camden, New Jersey from 1955 to 1964 and at a plant in Gastonia, North Carolina from 1965 to 1987. INTERROGATORY NO. 22: Have printed sales materials been prepared by Defendant or any of its subsidiary or predecessor companies or their agents for purposes of marketing or advertising -26-