Document Lo4q2OE6wZY1zy5zQ9yQKXx3

FILE NAME Paccar PAC DATE 1997 Feb 4 DOC PAC005 DOCUMENT DESCRIPTION Legal - Tinker v Kenworth & Paccar Answers to Interrogatories Ex B EXHIBIT B STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT In Re Seventh Judicial District Asbestos Litigation SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION This Document Applies to SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ANNE M. TINKER Executrix of the Estate of TIMOTHY W. TINKER Deceased and Individually as the Surviving Spouse of TIMOTHY W. TINKER Plaintiffs VS. A.E. CLEVITE INC al Defendants Index No. 83778 DEFENDANTS KENWORTH TRUCK COMPANY AND PACCAR INC Individually and through its Division PETERBILT MOTORS CO ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES VEHICLE AND ENGINE DEFENDANTS 5030 5030 INTERROGATORY NO 1 DATA SOURCES A. Identify each person with whom you consulted or who provided information used in answering these Interrogatories and specify the Interrogatory for which information was given B. Identify each person's ( Address 2 Position with the Defendant ANSWER TO INTERROGATORY NO 1 A Janice M. D'Amato Corporate Counsel Paccar Inc. 777-106 Sixth Avenue N.E. Bellevue Washington 98004-5001 Richard Slosson Risk Manager Paccar Inc. 777-106 Sixth Avenue N.E. Bellevue Washington 98004-5001 Virgil E. Pound Senior Technical Director Paccar Inc. 777-106 Sixth Avenue N.E. Bellevue Washington 98004-5001 Dave Bissonnette Manager Industrial Hygiene and Safety Paccar Inc. 777-106 Sixth Avenue N.E. Bellevue Washington 98004-5001 INTERROGATORY NO 2 CORPORATE INFORMATION State the following A. Defendant's correct corporate name B. State of your incorporation C. Address of your principal place of business D. Dates and time period during which defendant held a certificate of authority to do business in the state of New York E. Dates and time period during which defendant regularly conducted business in New York ANSWER TO INTERROGATORY NO 2 A. Paccar Inc. B. Delaware C. 777-106 Sixth Avenue N.E. Bellevue Washington 98004-5001 D. Defendant does not have and has no record of having had a certificate of authority to do business in the State of New York E. Defendant objects to this interrogatory as vague in that regularly conducted business is not defined Defendant has an agent for service of process in New York LGA eee = SUSSUU SU 06TBZT6906TBZT69 - FHOW 2 NOWHI 47:97 25 60 INTERROGATORY NO 3 CORPORATE HISTORY A. Describe in detail Defendant's complete corporate or business history for all business entities that were involved in any manner in the sale manufacture and distribution of asbestos and containing products B. State whether or not you have or have had subsidiary or predecessor corporation and if so 1 The name of the subsidiary and predecessor 2 Its date of incorporation if a corporation 3 Its state of incorporation 4 Its corporate purposes 5 Whether the subsidiary or predecessor was involved in any manner in the sale manufacture and distribution of containing products a The years that the subsidiary or predecessor was involved in the sale manufacture and distribution of asbestos- containing products b A description of the nature or type of asbestos that the subsidiary or predecessor sold manufactured or distributed ANSWER TO INTERROGATORY NO 3 Defendant objects to this Interrogatory to the extent it requests information about entities other than road vehicles Kenworth Truck Company and Peterbilt Motors Co. have been unincorporated divisions of Paccar Inc. during the 1970 to 1980 timeframe at issue in this TTT IT CUE PERO US. OR TRI TSS - VENOW S NOWHI LONGT 50 case up to the present Paccar has owned entities that manufacture other types of products but they are not at issue in this case PURCHASE OF ASBESTOS COMPONENT PARTS List the name principal place of business of every manufacturer or remanufacturer and years from whom you purchased the following containing component parts for any of your vehicles except automobiles or engines during the years 1970-1980 A. Any clutch products including but not limited to clutches clutch assemblies and clutch facings B. Any brake products including but not limited to brake shoes and brake linings brake assemblies or brake pads C. Gaskets ANSWER TO INTERROGATORY NO 4 A. Clutches Rollaway and Spicer were the predominant power train clutch suppliers during the years 1970-1980 Some clutches were purchased from Rockford Rollaway Bearing Company P.O. Box 4827 Sercacus New York 13221 Rockford Power Train Inc. 1200 Winsor Road Rockford Illinois 61132 Dana Corporation Clutch Division Fifth and Brandon Streets Auburn Indiana 46706 Fan Clutches Fan clutches are devices that control the engine cooling fans These clutches utilize a friction material to activate and deactivate the engine cooling fan as engine temperature demands The two brands of fan clutches used during the time frame 1970-1980 that use a friction material design are Horton and Bendix It is not known if the friction material used in these components has ever included asbestos Because it is a clutch friction material and it is possible that at one time asbestos may have been used they have been included Horton Industries Inc. 1170-15th Avenue S.E. Minneapolis Minnesota 55414 Allied Bendix Automotive 901 Cleveland Street Elyria Ohio 44036 B. Brakes Brake friction material has historically been provided by the brake suppliers to Paccar as a component of the brake assemblies The brake assemblies during the years 1970-1980 were supplied by the following companies Eaton Corporation P.O. Box 4008 Kalamazoo Michigan 49003 Rockwell International Corp. 2135 West Maple Road Troy Michigan 48084 040678 SUEL SUEL O6THZ169 O6THZ169 O6THZ169 - 1390W 8 NOWHO Voeat cone C. Gaskets Kenworth has not assembled engines and therefore did not install engine gaskets Gaskets were used to seal the hubs The suppliers were Chicago Rawhide 735 Tollgate Road Elgin Illinois 60123 Eaton Corporation P.O. Box 4008 Kalamazoo Michigan 49003 Rockwell International Corp. 2135 West Maple Road Troy Michigan 48084 Stemco Inc. P.O. Box 1989 Longview Texas 75606 INTERROGATORY NO 5 MANUFACTURE OF ASBESTOS COMPONENT PARTS State whether and what years Defendant manufactured or remanufactured any of the following containing parts for any of your vehicles except automobiles or engines during the years 1970-1980 A. Any clutch products including but not limited to clutches clutch assemblies and clutch facings B. Any brake products including but not limited to brake shoes and brake linings brake assemblies or brake pads C. Gaskets COOCHOHC COOCHOHC OFTBRIFG OFTBRIFG OFTBRIFG - Tb Ty ent ANSWER TO INTERROGATORY NO 5 A. Kenworth does not manufacture or remanufacture any clutch products B. Kenworth does not manufacture or remanufacture any brake products C. Kenworth does not manufacture or remanufacture any gaskets INTERROGATORY NO 6 SALE OF ASBESTOS COMPONENT PARTS State whether Defendant sold any of the containing component parts during the years 1970-1980 listed in Interrogatory No. 4 either directly or through any of your agents or independent dealers If so state 1 which component parts you or your agents or independent dealers sold 2 state the years these component parts were sold and 3 the trade name under which the component parts were sold ANSWER TO INTERROGATORY NO 6 Kenworth during the years 1970-1980 sold some clutch assemblies clutch plates but no clutch facings to remanufacture clutches some brake kits brake assemblies brake linings and gaskets which may have contained asbestos These components were principally supplied by the original manufacturer usually directshipped to the independent dealers The independent dealer purchased the majority of their clutch brake and gasket components from other sources The companies supplying the clutches were Rollaway Rockford Power Train Inc. and Spicer Brake suppliers were Eaton Corporation and Rockwell International Corporation For brake linings the companies were Raybestos and Abex The gaskets were supplied by Rawhide Eaton Rockwell and Stemco addresses as previously noted for all except the following Abex Corporation Cooper.ndustries Cooper.ndustries Abex Friction Products Heavy Duty Headquarters 3001 West Big Beaver Road Suite 710 Troy Michigan 48084 Manhattan it was indicated Manhattan is now a part of PMI PMI Prattsville Manufacturing Inc. 101 Echlin Boulevard Prattsville Alabama 36067 INTERROGATORY NO 7 MANUFACTURE OF VEHICLES CONTAINING ASBESTOS COMPONENT PARTS Has Defendant engaged from 1970 through 1980 in the manufacture or remanufacture of any vehicle except automobiles or engine containing any of the asbestos component parts listed in Interrogatory No. 4 If so state A. Which containing part B. The amount of asbestos % and fiber type C. The years during which such activity took place D. If such activity was terminated the reason why CUP RPE OS THE TO TOW NOWHI NOWHI 42191 LE PO ANSWER TO INTERROGATORY NO 7 Kenworth manufactured vehicles from 1970-1980 with components which may have contained asbestos Kenworth does not manufacture engines A. The components which potentially contained asbestos were clutch assemblies brake assemblies and gaskets B. The amount of asbestos and fiber type in the components is not known This would need to be referred to the original brake clutch and gasket manufacturers D is not known when asbestos started being used in brakes clutches and gaskets The power train clutch material was changed to a asbestos ceramic material some time in the 1978 to 1984 timeframe due to environmental reasons and the need for higher torque capacity brake lining material was changed in 1987 for environmental reasons The hub gasket material is still made from asbestos sheeting INTERROGATORY INTERROGATORY NO 8 SALE OF VEHICLES CONTAINING ASBESTOS COMPONENT PARTS Has Defendant engaged from 1970 through 1980 in the sale of any vehicles except automobiles or engines containing any of the asbestos component parts listed in Interrogatory No. ? If so state A. Which containing part B. The amount of asbestos % and fiber type C. The date such activity began D. The date when such activity was terminated Oe ea 10 eet Doar 8 60 70 ANSWER TO INTERROGATORY INTEROGATORY NO 8 Kenworth sold vehicles to independent dealers D See responses to Interrogatory No. 7A through D. INTERROGATORY NO 9 RELABELLING OF ASBESTOS COMPONENT PARTS Has Defendant from 1970 through 1980 engaged in the relabelling or rebranding of any of the asbestos component parts listed in Interrogatory No. 4 manufactured in whole or in part by an unrelated business entity If so state A. Which containing part B. The name of the unrelated business entity which manufactured the component part C. The component's part's original trade and brand name D. Who performed the physical relabelling or rebranding and where it was accomplished E. The years during which such activity took place F. The brand name and trade name after the product was rebranded G. The amount of asbestos % and fiber type H. Whether the rebranded or relabelled parts were ever placed in any of the Defendant's vehicles or engines a 11 CO ORES ULE THEE - rt MOUHT i penar 59:20 59:20 ANSWER TO INTERROGATORY NO 9 Kenworth has not engaged in relabelling or rebranding any of the asbestos component parts listed in Interrogatory No. 4 from 1970 through 1980 INTERROGATORY NO 10 TESTING Were any tests conducted on any containing component parts identified in Interrogatory No. 4 5 6 7 8 or 9 to determine A. The identity of each individual or firm who conducted such tests B. The date purpose and result of each such test C. Identify and produce all documents relating to such tests ANSWER TO INTERROGATORY NO 10 Kenworth knows of no test conducted on containing parts identified previously INTERROGATORY NO 11 KNOWLEDGE - LUNG CANCER - MESOTHELIOMA State whether Defendant obtained prior to 1980 any knowledge concerning the association if any between the inhalation of asbestos fibers and 1 asbestosis 2 lung cancer 3 mesothelioma If so state as to 1 asbestosis 2 lung cancer 3 mesothelioma A. When this knowledge was first acquired how it was acquired identify by whom it was acquired and state the substance of the knowledge acquired ACORE ACORE DETHIER DETHIER er) BOUHT 1 oe Rm TP B. Identify all documents relevant to your acquisition of knowledge concerning the disease and the custodian thereof ANSWER TO INTERROGATORY NO 11 A. Dave Bissonnette Manager of Industrial Hygiene & Safety for Paccar Inc. reports the following on information and knowledge of asbestos lung cancer and mesothelioma As Corporate Industrial Hygienist I have opportunities to review information on asbestos health effects OSHA regulations etc. 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 Additional information may have been provided to various safety and medical staff for manufacturing operations over those years B. Documents relevant to those years have been disposed of as new documents have become available INTERROGATORY NO 12 DESCRIPTION For each of the component parts listed in Interrogatory No. 4 which contained asbestos and which were placed in your vehicles except automobiles or engines during the period between 1970-1980 state whether you placed any caution warning or hazard statement or explanation involving asbestos on either the component part the vehicle or engine in which the component part was placed 13 MT TERRI SE AT 27 tT ee begs 11 If so provide as to each component part the following information as to the caution warning or hazard statement A. Its precise wording B. Where was it located on the product packaging and what was the size and color of the lettering C. Has the wording or its presentation ever been altered and if so how and when D. The years during which each version of a caution warning or hazard statement appeared on each component part E. Identify all documents relating to the warning ANSWER TO INTERROGATORY NO 12 It is not known if warnings or explanations were placed in the vehicles during the years 1970-1980 INTERROGATORY NO 13 WARNING If you sold or resold any of the component parts listed in Interrogatory No. 4 which contained asbestos either directly or through any of your independent dealers did you ever place any form of package insert or informative brochure in the container accompanying the component part explaining the hazards of asbestos If so state as to each such insert or brochure A. When was it first placed in containers and for what years thereafter 14 ? DUDH04JUTU DUDH04JUTU DUDH04JUTU DIRIUM DIRIUM a KNOW KNOW Te = , ee Ae B. What products had the insert or brochure included C. Provide a verbatim statement of the insert D. Identify all documents relating to the warning ANSWER TO INTERROGATORY NO 13 If any component parts were sold it is not known if warnings or explanations were included with the parts during the years 1970-1980 INTERROGATORY NO 14 WARNING If you sold or manufactured any asbestos- containing component parts listed in Interrogatory No. 6 and 7 did you ever place any form of disposable face mask or respirator in a container for later use by persons who would handle and be exposed to such parts If so please state A. The parts covered by the practice B. The year this practice began and the years it was implemented C. Describe the type of face mask or respirator included in the container ANSWER TO INTERROGATORY INTERROGATORY NO 14 Kenworth did not manufacture any containing component No face mask or respirator was included with the vehicles during the years 1970-1980 INTERROGATORY NO 15 TRADE ASSOCIATION A. State the names and addresses of all professional industrial health and safety organizations to which you have belonged which have anything to do with the health effects of asbestos the proper methods of working with asbestos methods of controlling asbestos dust setting of standards or regulations information lobbying research engineering or use of asbestos products materials or fibers B. As to each trade association state the date of membership ANSWER TO INTERROGATORY NO 15 Dave Bissonnette Paccar Inc.'s Manager of Industrial Hygiene and Safety states that the trade associations and industrial health and safety organizations to which he as Manager of Industrial Hygiene and Safety for Paccar Inc. has belonged to include A. The National Safety Council The American Industrial Hygiene Association The American Society of Safety Engineers Local Sections of such organizations B. The dates of members were 1974-1980 INTERROGATORY NO 16 WORKMEN COMPENSATION CLAIMS If so state Have you had any claims of employees alleging injury due to asbestos exposure LIA LIA ESG'ON ESG'ON ESG'ON Q406^ E # Q406^ 061 3T69 E 061 3T69 3HOW NOWHI 42:942:911 42:91 42:91 46 70-30 70-30 A. The date the claim was filed B. The type and description of the injury claimed C. The name of the claimant D. The disposition of the claim E. Identify and produce all documents relating to each workmen compensation claim ANSWER TO INTERROGATORY NO 16 Defendant objects to this Interrogatory to the extent it requests information on workers compensation claims unrelated to the component parts at issue in this case Defendant has no record of any worker compensation claim alleging injury due to asbestos exposure to component parts Dated Buffalo New York February 4 1997 DAMON & MOREY LLP Attorneys for Defendant Kenworth Trucks and Paccar Inc. 1000 Cathedral Place 298 Main Street Buffalo New York 14202-4096 Telephone 716 856-5500 TO MICHAEL A. PONTERIO ESQ LIPSITZ & PONTERIO LLC Attorneys for Plaintiffs 135 Delaware Avenue Suite 506 Buffalo New York 14202-2410 CC All Counsel Per Attached List 210542 17 TINKER DEFENSE COUNSEL LIST Updated 1/8/97 ROBERT E. GLANVILLE ESQ Phillips Lytle et al Attomeys for Defendant A.E. Clevite Inc. J. P. Industries Inc. 3400 Marine Midland Center Buffalo New York 14203 ANNA M. DILONARDO ESQ L'Ab ateL'Abbate Balkan et al Attorneys for Defendant Borg Warner Corp. 1050 Franklin Avenue Garden City New York 11530 MICHAEL S. KOMAR ESQ Stenger & Finnerty Attorneys for Defendant Caterpillar Inc. 1800 Main Place Tower Buffalo New York 14202 CYNTHIA WEISS ANTONUCCI Lester Schwab Katz & Dwyer Attorneys for Defendant Beaver Dam Products Corporation Chrysler Corporation 120 Broadway 38th Floor New York New York 10271 VINCENT P. POZZUTO ESQ Costello Shea & Gafney Attorneys for Defendant Dresser Industries Inc. Waukesha Engines Div One Battery Park Plaza New York New York 10004 PETER R. BAIN ESQ Attorneys for Defendant Ford Motor Company Wall Street Tower 20 Exchange Place New York New York 10005 PETER S. MARLETTE ESQ Damon & Morey LLP Attorneys for Defendants Kenworth Truck Company Paccar Inc. 1000 Cathedral Place 298 Main Street Buffalo New York 14202-4096 ROBERT J. PEARL ESQ Pearl & Smith Attorneys for Defendant Navistar International Transportation Corp. 16 West Main Street Suite 141 Rochester New York 14614-1601 JAMES GOCKER ESQ Harris Beach & Wilcox Attorneys for Defendant Allied Signal Inc. The Granite Building 130 East Main Street Rochester New York 14604 JOSEPH J. O'HARA ESQ Schiff Hardin & Waite Attorneys for Defendant Brockway Inc. 150 East 52nd St. Ste 2900 New York New York 10022-6017 ROC10 ; Pm 147 29147729 147714277929 - =. beat omer Lit 50 JOHN E. KEALE ESQ Carpenter Bennett & Morrissey Counsel - Caterpillar Inc. Three Gateway Center 100 Mulberry Street Newark New Jersey 07102-4079 JAMES W. WHITCOMB ESQ Phillips Lytle et al Attorneys for Defendant Detroit Diesel Corporation General Motors Corporation 3400 Marine Midland Center Buffalo New York 14203 RICHARD T. SULLIVAN ESQ Sullivan Benatovich et al Attorneys for Defendants Pro Incorporated 600 Main Place Tower Buffalo New York 14202-3706 BERNADETTE WEAVER- CATALANA ESQ Woods Oviatt et al Attorneys for Defendant Garlock Inc. 44 Exchange Street Rochester New York 14614 THOMAS M. VanSTRYDONCK Trevett Lenweaver et al Attorneys for Defendant Mack Trucks Inc. 700 Reynolds Arcade 16 East Main Street Rochester New York 14614 ANTHONY J. COLUCCI III ESQ Block & Colucci P.C. Attorneys for Defendant Perkins Engines Inc. 1250 Statler Towers Buffalo New York 14202 ROC10 JAMES S. NOWAK ESQ Gibson McAskill & Crosby Attorneys for Defendant Teledyne Inc. Con Total Power Corp. 69 Delaware Avenue Suite 900 Buffalo New York 14202 JEFFREY F. BAASE ESQ Hurwitz & Fine P.C. Attorneys for Defendant Cummins Engine Company 1300 Liberty Building Buffalo New York 14202-3670 MARC S. GAFFREY ESQ Hoagland Longo Moran et al Attorneys for Defendant Kohler Co. 40 Paterson Street PO Box 480 New Brunswick NJ 08903 MARK J. SCHAEFER ESQ Hagerty & Brady Attorneys for Defendant Rollway Corporation 1010 Chemical Bank Building Buffalo NY 14202-9443 CHRIS KOLOS ESQ Burke & Kolos P.A. Counsel - Mack Trucks Inc. One Orlando Centre Suite 1800 800 North Magnolia Avenue Orlando FL 32802-2246 ROBERT B. CONKLIN Hodgson Russ et al Oshkosh Truck Corp. 1800 One M Plaza ESQ Buffalo NY 14203 WILLIAM P. KEEFER ESQ Albrecht Maguire Heffern & Gregg P.C. Attorney for Defendant Wagner Electric Corp. 2100 Main Place Tower Buffalo New York 14202-3783 JOSEPH G. FRITSCH JR Connors & Corcoran LLP Attorneys for Defendant W.R. Grace & Conn 45 Exchange Street Rochester NY 14614 CAROL GUCK SNIDER ESQ Damon & Morey LLP Attorneys for Defendant Briggs & Stratton Corporation 1000 Cathedral Place 298 Main Street Buffalo NY 14202-4096 MICHAEL R. WOLFORD ESQ Michael R. Wolford & Associates Attorneys for Defendant Deere & Company 600 Reynolds Arcade Building 16 East Main Street Rochester NY 14614 AMALIA PENA ESQ Smith Abbott LLP Attorneys for Defendant Pneumo Abex Corporation 100 Maiden Lane New York NY 10038 THOMAS E. REIDY ESQ Nixon Hargrave Devans & Doyle LLP Attorney for Defendant Carlisle Companies Inc. PO Box 1051 Clinton Square Rochester NY 14603 ROC10 THOMAS FORCE ESQ Lester Schwab Katz & Dwyer Attorneys for Defendant Chrysler Corporation 120 Broadway New York NY 10271-0071 a te er = STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO __) ) ss ) Peter S. Marlette Esq being duly sworn deposes and says that he is a member of Damon & Morey LLP attorneys for the defendants Kenworth Truck Company and Paccar Inc. herein that he has read the foregoing Answers to Plaintiffs First Set of Interrogatories and knows the contents thereof that the same is true to deponent's knowledge except as to the matters therein stated to be alleged upon information and belief and as to those matters he believes same to be true The reason this verification is made by deponent and not by the defendants is that neither Defendant Kenworth Truck Company nor Defendant Paccar Inc. is a corporation within the County of Erie where deponent resides and the members of his firm have their offices The sources of deponent's information and the grounds for belief are reports and correspondence from representatives of the defendants presently in the file of this case in deponent's office Sworn and subscribed to before me this 4K day of February , 1997 Margone Lomond Yer Notary Public MARGARET LAMONOS 1997 MY COMMISSION EXPIRES COUNTY AUGUST 31. 1997 WKS WL Peter S. Marlette