Document Lg0Dw4mg1a7vBY2YX8raQOZ8d

OCT.30.99* 2G1 96 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 98-CVS-9679 GARY ROBERT ALBRIGHT, et al. Plaintiffs, v. HNA HOLDINGS, INC., also known as TREVIRA, INC. formerly HOECHST CELANESE, INC. and FIBER INDUSTRIES, INC., Defendants. j ) ) ) ) ) ) ) ) ) ) ) ) THE DEFENDANT'S RESPONSES TO THE PLAINTIFF'S COURT ORDERED INTERROGATORIES DIRECTED TO CHARLES LAUBLY Pursuant to Rules 26 and 33 of the North Carolina Rules of Civil Procedure, the defendant HNA Holdings, Inc. responds to the plaintiffs' court ordered interrogatories directed to Charles Laubly as follows: INTERROGATORY NO. 1: Please state your full name, current home address and current work address. " ANSWER: Charles Laubly 2225 North Tucson Boulevard Tucson, Arizona 85716 INTERROGATORY NO. 2: Please provide the name(s) ofyour employer(s) since 1965. ANSWER: 1. Lumbermens Insurance - July 1949 to March 1966 a. Industrial hygienist b. Visited various insured's facilities and consulted with insureds on industrial hygiene issues. Celanese Corporation - March 1966 to August 1979 a. Industrial hygienist and corporate manager of industrial hygiene PPAB-CH1/354676.1 b. Overall responsibility for industrial hygiene issues for Celanese Corporation. INTERROGATORY NO. 3: For each employer above, provide the: (a) Name of your title, position with said employer; (b) The date(s) you occupied/held such position and/or title; (c) The plant(s) where you worked; and (d) The plant(s) which you oversaw, supervised or were part ofyour job responsibility. ANSWER: See response to Interrogatory number 2. Mr. Laubly did not work out of any plant, but he visited Celanese plants from time to time to consult with plant personnel on industrial hygiene issues. He had overall responsibility for industrial hygiene at the corporate level. He did not implement industrial hygiene policies at the plant level. INTERROGATORY NO. 4: For each title/position stated above, provide a brief but inclusive description ofyour job responsibilities. ANSWER: See responses to Interrogatory numbers 2 and 3. INTERROGATORY NO. 5: Did yourjob titles or positions entail or encompass in any way the Salisbury fiber plant, including but not limited to: (a) The purchase of materials, construction and/or construction; (b) Supervision of the plant; (c) The health, safety and welfare of any plant worker; (d) The drafting, implementation or dissemination of any corporate policy, bylaw or rule affecting said plant of any plant worker. ANSWER: a. No. b. No c. See responses to Interrogatory numbers 2 and 3. d. See responses to Interrogatory numbers 2 and 3. INTERROGATORY NO. 6: Please outline your education background, including any degrees obtained and/or any licensing, certification and official titles held or obtained. PPAB-CH1/354676.1 2 ANSWER: 1. B.S. in industrial management - Georgia Institute of Technology - 1949 INTERROGATORY NO. 7: When were you first made aware of any hazards to human health associated with exposure to asbestos-containing materials. ANSWER: Sometime in the 1950s while working for Lumbermens Insurance, Mr. Laubly learned that asbestos exposure at certain levels and for a sufficient duration, frequency, and length of exposure could potentially"cause asbestosis. INTERROGATORY NO. 8: In regards to your answer above, identify the source of said communication or information and the manner in which you received it. ANSWER: See answer to Interrogatory number 7. INTERROGATORY NO. 9: Please identify the name(s), current and last known address, title and/or position of the person with the most knowledge concerning worker health and safety issues at the Salisbury fiber plant in: (a) 1965 (b) 1975 (c) 1985 (d) 1995 ANSWER: a. Mr. Laubly does not know the name ofthe person with the most knowledge of worker health and safety issues at the Salisbury Fiber plant in 1965. He was not with the company at that time. b. Sam Swearingen c. Mr. Laubly does not know the names of the persons with the most knowledge concerning worker health and safety issues at the Salisbury Fiber plant in 1985 since he was retired at that time. PPAB-CH1/3S4676.I 3 d. Mr. Laubly does not know the names of the persons with the most knowledge concerning worker health and safety issues at the Salisbury Fiber plant in 1995 since he was retired at that time. INTERROGATORY NO. 10: Please identify the person(s) with the most knowledge concerning the corporate defendant knowledge, policies and/or procedures involving actual or potential hazards associated with asbestos-containing materials at any corporate location or plant in: (a) 1965 (b) 1975 (c) 1985 (d) 1995 ANSWER: The defendant objects to Interrogatory Number 10 on the grounds that it is overly broad, unduly burdensome, and seeks the discovery of information that is not reasonably calculated to lead to the discovery ofrelevant, .admissible evidence. Subject to and without waiving the foregoing objections, the defendant responds to Interrogatory Number 10 as follows: a. Mr. Laubly does not know the name of the person with the most knowledge concerning the corporate defendant's knowledge about policies and procedures involving actual or potential hazards associated with asbestos-containing materials in 1965. Mr. Laubly first worked for Celanese Corporation in March 1966. The corporate director of safety at Celanese Corporation in 1965 was Glenn Fleming, who is now deceased. b. Mr. Laubly does not know the name of the person with the most knowledge concerning the corporate defendant's knowledge about policies and procedures involving actual or potential hazards associated with asbestos-containing materials in 1975. Mr. Laubly would certainly have some knowledge on that subject. Mr. Kolodner was the corporate director of safety in 1975. Charles Laubly was the corporate industrial hygienist in 1975. Dr. Ernest Dixon was the corporate medical director in 1975. PPAB-CH1/354676.1 4 c. Mr. Laubly does not know the name of the person with the most knowledge concerning the corporate defendant's knowledge about policies and procedures involving actual or potential hazards associated with asbestos-containing materials in 1985 since he was retired at that time. d. Mr. Laubly does not know the name of the person with the most knowledge concerning the corporate defendant's knowledge about policies and procedures involving actual or potential hazards associated with asbestos-containing materials in 1995 since he was retired at that time. INTERROGATORY NO. 11: Please identify the person(s) in charge of, or with primary responsibility to oversee worker health and safety at the Salisbury fiber plant from: (a) 1965-1975 (b) 1975-1985 (c) 1985-1995 (d) 1995-present ANSWER: a. Sam Swearingen b. Sam Swearingen and Dow Perry c. Mr. Laubly does not know the name of the person in charge of or with primary responsibility for worker health and safety at the Salisbury fiber plant from 1985 to 1995 since he was retired during that period. d. Mr. Laubly does not know the name of the person in charge of or with primary responsibility for worker health and safety at the Salisbury fiber plant from 1995 to present since he was retired at that time. PPAB-CH1/354676.1 5 s'T This / day of June, 1999. OF COUNSEL: Dhine/H. Hicks torngy for Defendant HNA Holdings, Inc. PARKER, POE, ADAMS & BERNSTEIN L.L.P. 2500 Charlotte Plaza Charlotte, N.C. 28244 (704)372-9000 ffCsC( PPAB-CH1/354676.1 6 CERTIFICATE OF SERVICE This is to certify that on this date I served the foregoing by depositing a copy thereof the United States mail, postage prepaid, and addressed as follows: Christopher D. Mauriello, Esq. Wallace and Graham 525 North Main Street Salisbury, NC 28144 This day of June, 1999. OF COUNSEL: PARKER, POE, ADAMS & BERNSTEIN L.L.P. 2500 Charlotte Plaza Charlotte, N.C. 28244 (704)372-9000 PPAB-CH1/354676.1 7