Document LKoXVevXKD1eoNJV9J116a2Rw

1 LisaL. Oberg (State Bar No. 120139) John T. Bumite (State Bar No. 162223) 2 HAIGHT. BROWN & BONESTEEL, L.L.P. 100 Bush Street, 27th Floor KAR n 9 1998 3 San Francisco. CA 94104 Telephone: (415) 986-7700 4 BHAYTON HARLEY CURTIS HANJ__ OVK.M.GHT___ MAIl\^ Attorneys for Defendant, CERTAINTEED CORPORATION 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 II IN RE: 12 COMPLEX ASBESTOS LITIGATION 13 14 ) Case No. 828684 ) ) CERTAINTEED CORPORATION'S ) SUPPLEMENTAL RESPONSES ) TO GENERAL ORDER #129 ) INTERROGATORIES ) 15 PROPOUNDING PARTY: PLAINTIFFS 16 RESPONDING PARTY: CERTAINTEED CORPORATION 17 SET NUMBER: ONE 18 19 RESPONSES TO INTERROGATORIES 20 INTERROGATORY NO. 21: 21 Has THIS DEFENDANT (except for a defendant that is an educational institution) 22 conducted, or caused to be conducted, tests, and/or studies of ambient asbestos dust created 23 during the manufacture, processing and/or assembling for sale of ASBESTOS-CONTAINING 24 PRODUCTS? If so, state: 25 A. Each manufacturing facility, including location and address, at which any 26 test and/or study was conducted; 27 B. The date of each such test and/or study; 28 C. The individual(s) or entity conducting each such test and/or study; CC25-IOOOO/K 42068 1 1 1. On an experimental basis; 2 2. On a test basis; or 3 3. For sale. 4 C. The date{s) each such ASBESTOS-CONTAINING PRODUCT: 5 1. Ceased to be produced; or 6 2. Was recalled from the market, if ever. 7 D. A detailed description of the chemical composition of each such 8 ASBESTOS-CONTAINING PRODUCT, including the type and/or grade of asbestos and/or 9 asbestos fiber contained in each such product and the quantitative percentage of asbestos or 10 asbestos fiber such product, and all non-asbestos components of the ASBESTOS-CONTAINING 11 PRODUCT, and if the chemical composition changed over time, the inclusive dates of each 12 formulation; 13 E. A description of the physical appearance and nature of each such 14 ASBESTOS-CONTAINING PRODUCT, including any color coding, distinctive marking and/or 15 logo, either on the product or on the packaging; 16 F. A detailed description of the intended use of each such ASBESTOS17 CONTAINING PRODUCT, including any temperature limits for each such use; 18 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on the 19 U.S. Government's "Qualified Products List," and if so, the inclusive dates it was on such list; 20 H. The name and address of the supplier of the RAW ASBESTOS used in 21 each such product and the time period of such supply; 22 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS OR 23 ASBESTOS-CONTAINING PRODUCTS have, at any time, been sold, shipped, or otherwise 24 distributed to any COMPANY (including power company or utility), governmental agency or 25 entity, shipyard, distributor, refinery, contractor, supplier, manufacturer, PREMISE owner or 26 occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA. If so, state: 27 28 CC25-IOOO(V# 42068 3 1 1. The names of each such COMPANY, governmental agency or 2 entity, shipyard, distributor, supplier, manufacturer, refinery, contractor, PREMISE owner or 3 occupant, ship, owner. PREMISE or site; 4 2. The inclusive dates of each such sale, shipment, distribution, use or 5 installation and the amount (volume) and the trade or brand name of each such ASBESTOS6 CONTAINING PRODUCT sold; 7 3. Whether you have any records indicating any such sale, shipment, 8 distribution, use or installation and. if so. the name, address and job classification of each person 9 who currently has possession of such records. 10 J. Either (1) attach all DOCUMENTS evidencing the information sought in 11 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 12 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 13 may be made the subject of a request for production of documents. 14 RESPONSE TO INTERROGATORYNO. 31: 15 A.-F ROOF COATINGS AND ROOF CEMENTS: 16 1. Asbestos Roof Coating - First placed on the market prior to 1930. 17 Withdrawn from the market in 1982 due to economic considerations (poor profit margins). It 18 was composed of asphalt, mineral spirits and approximately 6.7% 7M chrysotile asbestos fiber. 19 It was designed for use as a coating for smooth surface asphalt roofs and was sold in 1 gallon 20 friction top steel cans, 5 gallon steel pails and 30 and 55 gallon steel drums. The CertainTeed 21 name appeared on the container. It was a viscous black liquid that could be spread with a brush 22 or sprayed and any atmospheric temperature was recommended. 23 2. Blind Nailing Cement - First placed on the market prior to 1930. 24 Withdrawn from the market in 1979 due to economic considerations (poor profit margins). It 25 was composed of asphalt, mineral spirits and approximately 13% 7m chrysotile asbestos fiber. It 26 was designed for use in sealing the laps of roll roofing applied with no exposed nails and was 27 sold in 1 gallon friction top steel cans, 5 gallon steel pails and 30 and 55 gallon steel drums. The 28 CC25-IOOOO/# 42068 4 I 1 CertainTeed name appeared on the container. It was a viscous black liquid that could be applied 2 with a stiff brush or trowel and any atmospheric temperature was recommended. 3 3. Plastic Cement - First placed on market prior to 1930. Withdrawn from 4 the market in 1983 due to economic considerations (poor profit margins). It was composed of 5 asphalt, mineral spirits, pulverized limestone and approximately 18% 7K chrysotile asbestos 6 fiber. It was designed for flashing, caulking, heavy duty roof repairs and patching roof flashings 7 and was sold in 1 pint, 1 quart, 1/2 gallon and 1 gallon friction top steel cans, 3 and 5 gallon 8 steel pails and 30 and 55 gallon steel drums. The CertainTeed name appeared on the container. 9 It was a black mastic that could be applied with a trowel and any atmospheric temperature was 10 recommended. 11 4. Sealing Cement - First placed on the market prior to 1930. Withdrawn 12 from the market in 1976 due to economic considerations (poor profit margins). It was composed 13 of asphalt, mineral spirits and approximately 29% 7M chrysotile asbestos fiber. It was designed 14 for sealing down asphalt shingles and was sold in 1 gallon friction top steel cans, 5 gallon steel 15 pails and 30 and 55 gallon steel drums. The CertainTeed name appeared on the container. It was 16 a black mastic that could be applied with a trowel and any atmospheric temperature was 17 recommended. 18 5. Cold Process Cement - First placed on the market in approximately 1940. 19 Withdrawn from the market in 1967 (replaced by Cold Process Asphalt). It was composed of 20 asphalt, mineral spirits and approximately 6.7% 7M chrysotile asbestos fiber. It was designed 21 for use in applying rolls of smooth roofing to obtain a built-up roof and was sold in 1 gallon 22 friction top steel cans, 5 gallon steel pails and 30 and 55 gallon steel drums. The CertainTeed 23 name appeared on the container. It was a viscous black liquid that could be spread with a brush 24 or sprayed and any atmospheric temperature was recommended. 25 6. Cold Process Asphalt - First placed on the market in 1967. Withdrawn 26 from the market in 1983 due to economic considerations (poor profit margins). It was composed 27 of asphalt, mineral spirits and approximately 6.7% 7M chrysotile asbestos fiber. Cold process 28 asphalt was the name given to "cold process cement" subsequent to 1967. It was sold in 1 gallon CC25-IOOOOW 42068 5 1 friction top steel cans, 5 gallon steel pails and 30 and 55 gallon steel drums. The CertainTeed ... 2 name appeared on the container. It was a viscous black liquid that could be spread with a brush 3 or sprayed and any atmospheric temperature was recommended. 4 7. Stabilized Roof Coating - First placed on the market in approximately 5 1940. Withdrawn from the market in 1983 due to economic considerations (poor profit margins). 6 It was composed of asphalt, mineral spirits and approximately 6.7% 7M chrysotile asbestos fiber. 7 It was designed for coating cold process smooth surface built-up asphalt roofs and was sold in 1 8 gallon friction top steel cans. 5 gallon steel pails and 30 and 55 gallon steel drums. The 9 CertainTeed name appeared on the container. It was a viscous black liquid that could be spread 10 with a brush or sprayed and any atmospheric temperature was recommended. 11 8. Wet Seal Plastic Cement - First placed on the market in approximately 12 1961. Withdrawn from the market in 1983 due to economic considerations (poor profit margins). 13 It was composed of asphalt, mineral spirits, an amine wetting agent, pulverized limestone and 14 approximatley 18% 7K chrysotile asbestos. I was designed for use in providing adhesion to wet 15 or damp surfaces in making heavyduty repais to wet roofs and was sold in 1 gallon friction top 16 steel cans. 5 gallon steel pails and 30 and 55 gallon steel drums. The CertainTeed name appeared 17 on the container. It was a black mastic that could be applied with a trowel and any atmospheric 18 temperature was recommended. 19 9. Asphalt Fibered Emulsion - First placed on the market some time during 20 the 1950's. Withdrawn from the market in 1983 due to economic considerations (poor profit 21 margins). It was composed of asphalt, water, clay, electrolyte and an unknown quantity of 22 asbestos fiber. It was designed for coating smooth surface asphalt roofs and was sold in 1 gallon 23 friction top steel cans, 5 gallon steel pails and 30 and 55 gallon steel drums. The CertainTeed 24 name appeared on the container. It was a viscous black liquid that could be spread with a brush 25 or sprayed and any atmospheric temperature was recommended. 26 10. Fibered Aluminum Roof Coating - First placed on the market in 27 approximately 1951. Withdrawn from the market in 1979 due to economic considerations (poor 28 profit margins). It was composed of asphalt, mineral spirits, aluminum powder and an unknown CC25-10000/1* 42068 6 1 quantity of asbestos fiber. It was designed for coating smooth surface asphalt roofs and was sold 2 in 1 gallon friction top steel cans, 5 gallon steel pails and 30 and 55 gallon steel drums. 3 The CertainTeed name appeared on the container. It was a viscous aluminum colored liquid that 4 could be spread with a brush or roller and any atmospheric temperature was recommended. 5 FOUNDATION COATING: 6 11. Asphalt Foundation Coating - First placed on the market in approximately 7 1940. Withdrawn from the market in 1981 due to economic considerations (poor profit margins). g It was composed of asphalt, mineral spirits and approximately 6.7% 7M chrysotile asbestos fiber. 9 It was designed for coating the exterior of foundations before backfilling and was sold in 1 gallon 10 friction top steel cans. 5 gallon steel pails and 30 and 55 gallon steel drums. The CertainTeed 11 name appeared on the container. It was a viscous black liquid that could be spread with a brush 12 or sprayed and any atmospheric temperature was recommended. 13 At some point CertainTeed commenced affixing its logo (C and T with the stem of the T 14 inserted sideways into the C) to the containers in which its roof coating and cements and 15 foundation coating were packaged. 16 17 BUILT-UP ROOFING PLY SHEET: 18 12. No. 15 Perforated Saturated Asbestos Felt - First placed on the market in 19 1968. Withdraw from the market in 1976 due to lack of demand for the product. It was 20 composed of asphalt, organic fiber and 58% asbestos fiber (type and grade unknown).. It was 21 designed for use as plys for built-up roofs and flashing and packaged with a kraft paper wrapper, 22 was not color coded, and contained no logo or other marking except for laying lines of aluminum 23 paint. The CertainTeed name appeared on the wrap. It was a black roll good which was nailed 24 or applied with hot asphalt and any atmospheric temperature was recommended. 25 13. Asbestos Base Sheet - First placed on the market in 1968. Withdrawn 26 from the market in 1976 due to lack of demand for the product. It was composed of asphalt, 27 organic fiber, glass fiber, pulverized limestone, pulverized talc and 20% asbestos fiber (type and 28 grade unknown). It was designed for use as the first ply in applying a built-up roof and packaged CC25-I0OOO/# 42068 7 I with a kraft paper wrapper, was not color coded, and contained no logo or marking except for 2 laying lines of orange-red paint. The CertainTeed name appeared on the wrap. It was a black 3 roll good which applied with hot asphalt and any atmospheric temperature was recommended. 4 14. Asbestos Base Flashing - First placed on the market in 1968. Withdrawn 5 from the market in 1976 due to lack of demand for the product. It was composed of asphalt, 6 organic fiber, pulverized limestone, pulverized talc, 19% asbestos fiber (type and grade 7 unknown) and either glass, hemp or jute fiber. It was designed for use as one ply in installing 8 flashing and packaged with a kraft paper wrapper, was not color coded and contained no logo or 9 other markings. The CertainTeed name appeared on the wrap. It was a black roll good which 10 was applied with hot asphalt any atmospheric temperature was recommended. 11 15. Asbestos Cap Sheet (mineral surfaced) - First placed on the market in 12 1973. Withdrawn from the market in 1976 due to lack of demand for the product. It was 13 composed of asphalt, organic fiber, pulverized limestone, pulverized talc, coarse crushed rock 14 and 13.8% asbestos fiber (type and grade unknown). It was designed for use as the top ply on 15 built-up roofs and with a kraft paper wrapper, was not color coded, and contained no logo or 16 marking except for laying line of orange-red paint. The CertainTeed name appeared on the wrap. 17 It was a black roll good which was applied with hot asphalt and any atmospheric temperature 18 was recommended. 19 20 ASBESTOS-CEMENT SIDING SHINGLES: 21 16. Asbestos-Cement Siding Shingles (manufactured by others) - First placed 22 on the market in approximately 1950. Withdrawn from the market in approximately the early 23 1970's due to economic considerations (poor profit margins). Asbestos-cement siding shingles 24 were flat slabs which came in various colors (type, grade and amount of asbestos fiber unknown). 25 They were designed for use on the exterior of homes and were nailed to the exterior surface. 26 They were supplied in packages having a corrugated fiberboard band and sides held in place by 27 two wire ties. The CertainTeed name appeared on the band and any atmospheric temperature 28 was recommended. CC25.10000/# #2068 8 1 ASBESTOS-CEMENT PIPE: 2 17. Asbestos-Cement Pipe (may have carried the brand name Fluid-Tite) - 3 First placed on the market June 1, 1962. CertainTeed ceased the manufacture of asbestos-cement 4 pipe in 1992. The asbestos fiber was bound into the asbestos-cement pipe by a combination of 5 cement, silica and water through an autoclave (high pressure steam atmosphere) curing process. 6 It contained the following amounts of asbestos by weight: 7 Pressure Pipe 15-20% 8 Sewer Pipe 10-15% 9 Irrigation Pipe 11-20% 10 Of the total asbestos content of the asbestos-cement pipe, anywhere from 0% to 24% was 11 crocidolite (blue) fiber by weight, with the remaining fiber being chrysotile (white). The ratio of 12 these fibers varied in accordance with various factors, including type of pipe and physical 13 dimensions. Asbestos-cement pipe was used for the underground transmission of water and 14 sewage. No packaging was used in connection with this product. 15 The sewer pipe contained black lettering, including the name "CertainTeed", the pressure 16 pipe contained either black or orange lettering, including the name "CertainTeed" and the 17 irrigation pipe had black lettering, including the name "CertainTeed". It was installed in the 18 form in which it was sold except to the extent that it may have required machining in order to 19 meet a specific length. Asbestos-cement pipe was cylindrical in shape, cement gray in color with 20 a smooth interior, relatively rough textured exterior, with ends machined to given dimensions. 21 Pipe lengths were connected with an asbestos-cement coupling with two rubber rings contained 22 in machine grooves. The temperature limit was 200F. 23 24 SPECIALTY RAILROAD INSULATION PRODUCTS: 25 18. Glass Fiber Blanket Insulation Face with Asbestos Paper for Railroad Car 26 Application - First placed on the market by Gustin-Bacon Manufacturing Company in 1945. 27 Withdrawn from the market in 1947 because of poor moisture vapor transmission and as a result 28 of the determination that there was no need for an incombustible facing. It was composed of CC25-10000/# 42068 9 1 nine-micron glass fiber blanket and reinforced asbestos paper facing. It was intended solely for 2 use in insulating ceilings, wails and floors of railroad passenger cars and was packaged in 3 cardboard or wrapped in heavy kraft paper. No writing is believed to have been on the product. 4 The content of any writing on the packaging is unknown and the recommended temperature 5 range is unknown. 6 19. Flexible Trainline - First placed on the market by Gustin-Bacon 7 Manufacturing Company in 1945. First manufactured and sold by CertainTeed in 1966. 8 Withdrawn from the market in 1970 due to lack of demand for the product. It was composed of 9 nine-micron glass fiber blanket, resin bonded and adhered with adhesive to neoprene coated 10 asbestos cloth. It was intended solely for use in insulating railroad passenger care steam lines. It 11 was packaged in cardboard or wrapped in heavy kraft paper, and was installed by lacing the 12 insulation onto the passenger car steam lines with copper wire affixed to hooks which were 13 fastened to the insulation jacketing. No writing is believed to have been on the product. The 14 content of any writing on the packaging is unknown and the recommended temperature limit was 15 300F. 16 G. No. 17 H. The asbestos fibers used in roof coatings and cements were supplied by Johns-Manville 18 until the mid-1960's and by Carey-Canadian Mines form the mid-I960's through 1977. 19 Unknown as to roll roofing products, asbestos-cement siding shingles. Flexible Trainline, and 20 glass fiber blanket insulation faced with asbestos paper for railroad car application 21 The following companies have been sources of asbestos fiber which has been 22 incorporated into the asbestos-cement pipe manufactured by CertainTeed in California: 23 Cassiar Resources 24 Griqueland 25 Cape Asbestos 26 General Mining 27 Russian Fiber 28 Johns-Manville CC25-I00001* 42068 10 1 Jefferson Lake 2 Pacific Asbestos 3 Calaveras Asbestos 4 Bell Asbestos Mines 5 Turner Asbestos Fibre Ltd. 6 1. CertainTeed has no sales records relating to roofing products prior to 1973. Since 1978, 7 CertainTeed roofing sales records have been maintained on computer. 8 If required, computer printouts of the pertinent sales, if any, of asbestos-bearing roofing 9 products will be made available at the law offices of CertainTeed's counsel for proper counsel's 10 review and/or copying. Invoices for all roofing sales for the years 1973-1975 are stored in 11 cartons by invoice number, by month, at CertainTeed's facility in Blue Bell, Pennsylvania. 12 Invoices for all roofing sales for the year 1976 and 1977 are on microfilm by invoice number, by 13 month, at CertainTeed's facility in Blue Bell, Pennsylvania. Thus, each invoice would have to 14 be reviewed in order to determine which invoices would be responsive to this request. If 15 required, CertainTeed will make these documents available at its facility in Blue Bell, 16 Pennsylvania, for review and copying by proper counsel at a mutually convenient time with all 17 costs attendant to this inspection and copying to be assumed by the party conducting such 18 inspection. 19 CertainTeed has no sales records for asbestos-cement pipe for the period 1962 (when 20 CertainTeed commenced the manufacture of said product) to 1966. 21 For the period of 1967 to 1979, CertainTeed has invoices for sales for June 1967, October 22 through December 1968, and 1969 through 1979, inclusive. The approximate numbers of such 23 invoices are as follows: 24 6/67, 10-12/68 2,500 25 1969 14,950 26 1970 13,900 27 1971 16,250 28 1972 15,050 CC25-10000/# 42068 11 1 1973 16,364 2 1974 Jn 1975 23,000 25,000 4 1976 25,000 5 1977 28,000 6 1978 30,800 7 1979 33,300 8 These invoices have been maintained on microfilm and are filed only by invoice number, 9 plant and year. Thus, CertainTeed would have to review each and every invoice in order to 10 provide the specific information sought by this request. Such a review would be highly 11 burdensome and oppressive. If required, CertainTeed will make available said invoices, which 12 are maintained at the headquarters of CertainTeed's Pipe Group in Valley Forge, Pennsylvania, 13 for review and copying by proper counsel at a mutually convenient time, with all costs attendant 14 to this inspection and any copying to be assumed by the party conducting such inspection. 15 For the period 1980 to 1992, CertainTeed's sales records for asbestos-cement pipe are 16 contained in computer printouts. At plaintiffs request, CertainTeed's counsel will make said 17 printouts available to proper counsel for review and/or copying at a mutually convenient time, 18 with all costs attendant to any such inspection and any copying to be assumed by the party 19 conducting such inspection. 20 CertainTeed has no sales records for asbestos-cement siding shingles. Flexible Trainline 21 and glass fiber blanket faced with asbestos paper for railroad car application (the two latter 22 products were sold exclusively to railroad companies). 23 // 24 // 25 // 26 // 27 // 28 // CC25-10000/# 42068 12 1 J. See subpart L above. 2 DATED: March 6, 1998 * j 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CC25-JOOOO/# 42068 HAIGHT, BROWN & BONESTEEL By: Lisa L. John T. Bumite / Attorneys for Defendant, CERTAINTEED CORPORATION 13 1 2 3 4 5 6 7 8 9 10 11 12 13 VERIFICATION FORTHCOMING UNDER SEPARATE COVER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CC25-10000/# 42068 14 I PROOF OF SERVICE BY MAIL AND FACSIMILE 2 I am employed in the County of San Francisco. State of California. I am over the age of 18 and not a party to the within action. My business address is 100 Bush Street. 27th Floor. San Francisco. California 94104-3902. 4 On March 6. 1998.1 served on interested parties in said action the within: 5 CERTAINTEED CORPORATION'S SUPPLEMENTAL RESPONSES TO GENERAL 6 ORDER #129 INTERROGATORIES 7 [X] by placing a true copy thereof enclosed in sealed envelopes addressed as stated on the attached mailing list and depositing such envelopes for collection and 8 mailing by placing them in a postal box in my work area. 9 I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service 10 on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day 11 after date of deposit for mailing in affidavit. 12 Executed on March 6. 1998, at San Francisco, California. 13 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 14 15 16 David Andreas 17 18 19 20 21 22 23 24 25 26 27 28 CC25-10000/# 42068 15 1 IN RE COMPLEX ASBESTOS LITIGATION SERVICE LIST 2 J Wartnick, Chaber. Harowitz. Smith & Tigerman 101 California Street, Suite 2200 4 San Francisco, CA 94111 5 Alan Brayton, Esq. 6 Brayton, Harley & Curtis 222 Rush Landing Road 7 P.O. Box 2109 Novato, CA 94948 8 9 Law Offices of Christopher E. Grell The Monadnock Building 10 685 Market Street, Ste. 540 San Francisco, CA 94105 11 12 Jack Clapper, Esq. 2330 Marinship Way, Suite 140 13 Sausalito. CA 94965 14 Harrison & Degarmo One Daniel Burnham Ct., Ste. 220-C 15 San Francisco, CA 94109-5460 16 Visse & Yanez One Daniel Burnham Ct., Ste. 220-C 17 San Francisco, CA 94109-5460 18 Bruce L. Ahnfeldt P.O. Box 6078 19 Napa, CA 94581 20 Berry & Berry 1300 Clay Street, 9th Floor 21 Station D P.O. Box 70250 22 Oakland, CA 94612-0250 23 24 25 26 27 28 s (1029667.01 VERIFICATION CURTIS M. P0NT2, being duly sworn according to law, deposes and says that he is Associate General Counsel and Assistant Secretary of CertainTeed Corporation and is duly authorized to make this Verification on its behalf and that the facts set forth in the foregoing supplemental response to General Order Interrogatories No. 129 are true and correct to the best of his knowledge, information and belief. DATED: