Document LwvNkV9RG1EQObrQGVxeaLDg
"SENT. 6V;HOUSTON TEXAS
1-22-88 12:46PM :COOK, BLUER 4 DOYLE1)
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NO. A-940,143-C
MARY KINTZ. WIDOW OF HAROLD KINTZ, and SANDY HENSARUNC, EXECUTRIX OF THE ESTATE OF HAROLD KINTZ, DECEASED
vs.
ALLIEDSIGN/JL INC., ET /vL
IN THE DISTRICT COURT OF
ORANGE COUNTY, TEXAS 128TH JUDICIAL DISTRICT
ANSWERS OF DEFENDANT. GENERAL MOTORS CORPORATION. TO PLAINTTfFo' FIRST~SET OF INTERROGATORIES
TO: MARY KINTZ, WIDOW OF HAROLD KINTZ, and SANDY HEN5ARUNG,
EXECUTRIX OF THE ESTATE OF HAROLD KINTZ, DECEASED, plaintiffs, by their attorneys, Mr. Gregory D. Morrison, COOK fc BUTLER, L.L.P., 1221 Lamar - Suite 1300, Houston, Texas 77010; and, Mr. Paul D. Henderson, DIES, DIES & HENDERSON, 1009 W. Green Avenue, Orange, Texas 77630
COMES NOW General Motors Corporation, defendant in the above-styled and
numbered cause, and files and serves this its Answers to Plaintiffs' First Set of
Interrogatories pursuant to Rule 168 of the Texas Rules of Civil Procedure.
Respectfully submitted,
..
ORGAIN, BELL t TUCKER, L.L.P-
' 470 Orleans
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' Beaumont, Texas 77701
409/838-6412 -
FAX: 409/638-5959 `
ATTORNEYS FOR DEFENDANT, General Motors Corporation
SCF-EC-0025
, ~. Sent *by;hoiston tex.as
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given by said experts, in accordance with Tex. R. Civ. p. iG6b(2) (e) (West 1994).
ANSWER: Not applicable. See response to No. 2.
4. Identify el] past and present divisions, subsidiaries or affiliated companies of defendant, which now, or at any time in the past, are/were engaged in any phase of manufacturing, sale, supply, purchase, application, installation, relabeling, processing or distribution of any vehicle components/parts, which contained asbestos, including by way of illustration but not limited to: brake friction products, braise linings, gaskets, pads and clutch facings, and set forth t/ith particularity the precise relationship between such entity and defendant and tho datec of such relationship^), and identity the nature and extent of such functions during, the years 1949 to the present.
i ANSWER: GM understands that plaintiff claims to have been exposed in the
^ United States to asbestos from broke linings and its response to this . Interrogatory concerns those products. Asbestos-containing drum brake linings were manufactured by the Inland Division (later. Delco Products and ( Delco Chassis Divisions) from 1939 to present. Asbestos-containing disc I brake linings were manufactured by the Delco Moraine Division from 1966 to ] 198S. Drake linings were distributed by United Motors (before 1930 to 1961), l United Delco (1961-1974), AC Delco (1974 to present), Delco Moraine (1942 '! present), GM Parts (before 1969 to present) and before 1969 by Buick, 1 Cadillac, Chevrolet, CMC Truck, Oldsmobile, and Pontiac. 1
5; List .'by brand name all >-of DEFENDANT'S asbestos-containing products. DEFENDANT'S ashes tor.-containing products includes all products which contain any amount of asbestos manufactured, sold, designed, supplied, distributed, relabeled, resold, processed, applied or installed by, or for, DEFENDANT. "By or for" is meant to refer to Defendant, to all Defendant's predecessors in interest, (whether by purchase, merger, consolidation or
: otherwise), to all of defendant's subsidiaries, divisions ..joint ventures or affiliates. As'to each product, state the following:
1 a. type of product (e.g., brake friction products, brake linings, gaskets,
pads, clutch facings, etc.);
,
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b. the date the product first went into production; 1 ;j c. the last date the product was produced; i
d. the Iasi date the product was sold;
e. all manufacturing locations;
f. dates of manufacture at each location;
g. the percentage of asbestos (state if percentage Is by volume or weight), and the dates and all reasons for any modification thereof;
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h. the type of asbestos;
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t. iho specific source of asbestos with dates;
j. the color, physical characteristic, and appearance of the product;
k. a full and precise description of the package in which the product was sold, including, but not limited to, type of package, size, colorCs), and writings tbereor.;
l. all other names under which the product was sold;
m. the number and dates of each patent or patent application as to the
product;
,
a. if the product continued to be produced after the deletion of asbestos,
nil'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;
o. if the product is 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;
p. a precise description of your identifying logo or initials ahd the dates of inclusion on tbs product;
q. s tate during what period of time such product has been associated with
DEFENDANT;
r. identify any warning period of time such product has been associated
with DEFENDANT;
s. identify any warning labels, inserts or other writings provided with
such product end with every such printed warning, state what period
of time it has or had accompanied the product, the exact wording of the
warning, any einecdmenis made to the wording, where the warning was
looted on each product or packaging, and on.what asbestos products
the warning appear (ed); and
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t. geographic distribution range of each such product.
ANSWER:
1. Drum brake linings
a. Drum brake Unings.
b. GK began manufacturing drum brake linings in 1939.
c. Not applicable.
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d. e.
f. g.
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k.
Not applicable.
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GM combined chrysolite and other ingredients to produce asbestos-
containing brake linings at plants operated by Inland Division (later Delco Products and Delco Chassis Divisions) in Dayton, Ohio (1939 1964) and Vendslia, Ohio (1962-present).
See e.
GM drum brake linings contrin one or more grades of chrysotile asbestos. The total percentage of chrysotile asbestos used is in a range of approximately 50% to 75%.
The precise (emulations used in GM.drum brake lining segments are valuable proprietary information. This Information is disclosed only vrithin GM on ?. need-to-know basis- These formulations are the result of decades of investment of time and money. Disclosure of
Information would put GM at a serious competitive disadvantage because domestic and foreign competitors could duplicate GM's products without
having to undortnke the lengthy and expensive laboratory and vehicle testing program undertaken by GM. Competitors could also use this information to improve their products and processing methods without having to compensate GM for its efforts. This subpart is also overly broad, unduly burdensome, and is unlikely to lead to admissible evidence. Therefore, GM objects.
Chrysotile
Chrysotile was purchased from:
Johns Manville Corp. Box 517 Toledo, Ohio
1975 1984 ,
Asbestos Fibre Corp.. Asbestos Corporation. Ltd.
c/o C. L. Zimmermon Co." N-303 Cincinnati Vnion Terminal Cincinnati, Ohio 43203
1939 - 1975
.
Lake Asbestos of Chiebec, Ltd. Box 608
Black Lake, Quebsc
1377 - 1985
JM Asbestos Sales, Inc. Asbestos, Quebec
1934 - 1985
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Drum brake lining segments consist of a curved, dense, grayish material. Typicti arc lengths range from 90 degrees to 130 degrees and an* for drum diamoters of 7, 8, 9- 1/2, 11, 12 and 12-1/2 inches.
Service parts wore shipped in corrugated boxes sized closely to the 6ize and configuration of the parts. The name "Delco" wa3 used on some
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boxes containing service parts os early as 1936. Boxes with the have "Delco" and colors red and block on white were used beginning In 1958 and afterwards were changed to red and blue on whits. Boxes with the name "GM Pr.ru " and colors black and aqua on white have been used Bince 1974. Boxes with the name "Goodwrench" and colors of black and
gray on white have been used since 1985 > In addition to the bmnd
name, the box or a label contains a boxmaker's certificate and box
number-
1. See response to 4 and k.
tn. Patents are a matter of public record and are equally available to
plaintiff.
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n. Not applicable.
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o. Not applicable.
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p. -Since the use of the certification codes began in 1967, the edge of drum brake lining segraents;has been marked with the name "DELCO" and a certification number with a first digit of "2.''
q. GM does, not understand this question;'
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CiM does not understand this question.
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Beginning generally in 1975, the following statement was either printed
cirectly on cartons or on labels on cartons containing replacement breke
Linings:
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CAUTION: CONTAINS ASBESTOS-FIBERS. AVOID CREATING DUST. BREATHING
ASBESTOS DUST MAY, CAUSE SERIOUS BODILY HARM.
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Beginning in August of 1989,' .the statement was changed to the
following: .
. DANGER: CONTAINS ASBESTOS FIBERS.
. AVOID CREATING DUST. CANCER AND v LUNG DISEASE HAZARD. DO. NOT GRIND.
DO NOT CLEAN WITH COMPRESSED AIR. SEE SERVICE MANUAL INSTRUCTIONS
t. United States.
II. Disc Brake Linings
a. Disc brake linings
.
b. GM began manufacturing'disc brake linings la the 1966 model year.
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c. GM stopped manufacturing asbestos-containing disc brake linings in 1985.
d. Not applicable.
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e. Delco Moraine Division, Dayton, Ohio.
f. See b, c, and e.
g. The total perceti<age of ali grades of chrysotile asbestos used from 1966 to 1985 was in a range of approximately 30% to 60%.
The precise formulations used in GM disc brake linings are valuable proprietary information. This information is disclosed only within GM on a need-to-know basis. These formulations are the result of decades
of investment of time and money. Disclosure of this information would put GM at e. serious, competitive disadvantage because domestic and foreign competitors could duplicate GM'6 products without having to
undertake the lengthy and expensive laboratory and vehicle testing program .that GM has undertaken: Competitors could also use this information to improve their products and processing methods without
having to compensate GM for its efforts-. This subpart is also overly
broad, unduly burdensome, end is unlikely to lead to admissible evidence. Therefore, GM objects'.
h. Chrysotile
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1: Chrysotile v/^s-pyrebased from:
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Asbestos Corp., Ltd. Like Asbestos
C. L'. Zimmerman Co. 3C>55 Central Parkway Cincinnati, Ohio
r >
Canadian Johns-Manville , Aitbestos, Quebec
. 1967 - 1970 1967 - 1970 1972 - 1977 .
i
1967 - 1984
National Gypsum Co. Cleveland, Ohio
. 1972/>
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Union Insulating Co. Parkersburg, W. Virginia
1976
Ctjysler Chemical Division Trenton, Michigan
1978
j. Dine brake lining segments consisted of a dense, grayish or tan material. Typicil dimensions are height of 57-63 millimeters, width of 12J--142 milliontm-, and thickness of 11-13 millimeters.
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k. Service pnvts vere shipped in corrugated boxes sited closely to the site
and configuration of the parts. Boxes with the name "Delco" and colors
red and bloch on white were used beginning in 1958 and afterwards were chcngsd to red and blue on white. Boxes with the name "CM Parts" and cok-rs black and aqua on white have been used since 1974.
Boxes with the name "Goodwrench" and colors of black and gray on white have been used since 1985. In addition to the brand name, the box or a label contains a boxmaker's certificate and box number. Plain white boxes awirked with "AMC" and AMC part numbers were used beginning lb approximately 1968.
l. See response to 4 and k.
tn. Patents are a matter of public record and are equally available to
plaintiff.
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n. After 1985, CM used asbestos containing disc brake linings manufac
tured by others. Disc brake linings not containing asbestos ere
separate products with different performance- characteristics, so characterization of "deletion of asbestos" Is misleading and incorrect.
o. GM stopped manufacturing because it was more economical to obtain the
product from other sources.. There Is no "replacement product." Disc brake linings rot containing asbestos have different performance characteristics snd are designed for different brake systems.
p. Since 1967, disc brake linings have had "DM" and a certification code
with a first digit of the certification code of "1" or "2" printed on the
edge of the lining.
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q. GM does not understand this question.
r. CM doe's not understand this question.
s. . beginning generally in 1975, the following statement was either printed
directly on cartons or on labels on cartons containing replacement brake
linings:
.
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; CAUTION: CONTAINS ASBESTOS-FIBERS.
. AVOID CREATING DUST. BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM.
Beginning in August of' 1989, the statement was changed to the
following:
DANGER: CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. CANCER AND LUNG
DISEASE HAZARD. DO NOT GRIND. DO NOT CLEAN WITH COMPRESSED AIR. . SEE SERVICE MANUAL INSTRUCTIONS
t. United Stater..
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6. If defendant contends that the acts or omissions of Harold Kimz or those of anyone else caused or contributed to the illness and death of Harold ECintz, identify such persons or entities, the specific act(s) you complain of, and
. each person or entity with knowledge of facts regarding this contention.
ANSWER: General Motors cannot answer this Interrogatory now because its investigation and diswvery are not complete. - To the extent that this Interrogatory asks for legal opinions or conclusions, it violates the work product doctrine and General Motors objects.
7. Has DEFENDANT tn?de any settlement agreements relating to this case? This includes, but is not limited to, Mary Carter agreements, indemnity agreements and "bold harmless" agreements. If so, please provide the contents of these
| agreements pursuant to Texas Rule of Civil'Procedure 166b(2) (f)(2)
ANSWER: No.
8. To the extent that DEFENDANT did not manufacture all of the asbestoscontaining,' component parts incorporated into vehicles manufactured by DEFENDANT for sale in the'United States, please state the following:
a. The type of asbestos-containing component part (e.g. brake friction products, breke linings, gaskets, peds, clutch facings, etc.) it was;
b. Identify the company who did manufacture each such component part
(and the year; ti?e same were sold to DEFENDANT for use in vehicles sold here in the United States)
c. The. percentage of asbestos (state if percentage is by volume or
weight), and the dates and'all reasons for- discontinuing use of said
.product);
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d. The type of-osbeslos ixi the product; and
e. The color, physical characteristics, and appearance of the product.
ANSWER: Brake linings purchased by GM from Johns-ManviUe, Abex
Corporation. Eaton Brake Division,-Dana Axle, American Coleman, B.F. Goodrich, Bendix, Dayton Welther^ H.K'. Porter, Kelsey Hayes, Kelsey Products Division, Rockwell International, Unibond Brake, Wagner Electric,
Raybestos Manhattan, Friction Division Products, Ferodo, ITT AMCO, Multibestos, Universal Friction, Akebono, AMCO and Marshall Eclipse were
installed on the cars, trucks and buses assembled by GM or sold as replace
ment parts by GM's car and truck divisions or by AC Delco or GM Parts. These brake linings conteined ebrysotile asbestos, but GM does not know the precise formulations. Notwithstanding this response, GM objects because the
Interrogatory is overly broad, vague, ambiguous, unintelligible, burdensome and harassing. It also er.ks for Information that is not relevant or likely to lead to admissible evidence.
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3056673361> 3
NO- A-940.143-C
MARY KINTZ, WIDOW OF KASOLD KINTZ, and SANDY HENSARI INC, EXECUTRIX OF THE ESTATE OF HAROLD KINTZ, DECEASED
vs
ALLIEDSIGNAL INC., ET AL
IN THE DISTRICT COURT OF ORANGE COUNTY, TEXAS 128TH JUDICIAL DISTRICT
RESPONSE OF DEFENDANT. GENERAL MOTORS CORPORATION. TO PLAINTlFFSr FIRST REQUEST FOR PRODUCTION
TO: MARY KINTZ, WIDOW OF HAROLD KINTZ, and SANDY HENSARLING,
EXECUTRIX OF THE ESTATE OF HAROLD KINTZ, DECEASED, plaintiffs, by their attorneys, Mr. Gregory D. Morrison, COOK 4 BUTLER, L.L.P., 1221
Lamar - Suite 1300, Houston, Texas 77010; and, Mr. Paul D. Henderson, DIES, DIES & HENDERSON, 1009 W. Green Avenue, Orange, Texas 77630
COMES now General Motors Corporation, defendant in the above-styled and
numbered cause, and files and serves this its Response to Plaintiffs' First Request
for Production pursuant to Rulo 167 of the Texas Rules of Civil Procedure.
Respectfully submitted,
ORGAIN, BELL & TUCKER, L.L.P. 470 Orleans Beaumont, Texas 77701 409/838-6412 FAX: 409/838-6959
Texas State Bar No. 14983300
ATTORNEYS FOR DEFENDANT, General Motors Corporation
ofeM'BY;HOlSTO\ TEXAS
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*' ;\ -- 20. All documents and depositions containing information about worker's
compensation claims or 6uits by employees of DEFENDANT where there was a claim that the injury wns due to asbestos exposure.
1 RESPONSE: CM's records of workers* compensation claims are maintained at varlout: divisional nnd plant offices.' Decause those records are not all
indexed by the nature of the claim, a manual search of the files would be required in order to respond to this Request. Defendant wiU make the portion of those records that are not privileged or attorney work product available for inspection where they are maintained in the ordinary course of business.
21. All correspondence between DEFENDANT and its worker's compensation
agents or insurers that refer to changes in rates due to .asbestos exposure for
the period in which DEFENDANT'S products containing asbestos were sold,
used, supplied or Installed.
.
RESPONSE: GM has not located any such documents.
22. All Securities and Exchange Commission filings that refer to asbestos litigation
against DEFENDANT, iUi predecessors) or subsidiaries.
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RESPONSE: GM bar. not made filings vrith the SEC regarding asbestos
litigation.
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-- 23. For each of the past five years, an annual report of DEFENDANT or a balance sheet that reflects Defendant's corporate worth and financial status.
RESPONSE: CM will crake a copy of its most recent annual report available for
inspection.
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24. Any and all documents referred to in defendant's answers to Plaintiffs
interrogatories,.
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RESPONSE: The documents referred to will`be made available for inspection.
23. Any and all patents Issued or assigned to DEFENDANT for asbestos-containing
products.
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RESPONSE: Patents are public records and are available to plaintiff. GM
objects to this Request because it is vague, overly broad, and unduly burdensome and it asks for information that is neither relevant nor likely to lead to admissible evidence.
26. An exemplar of each typo of the asbestos-containing brake linings used by DEFENDANT in automobiles and trucks manufactured for sele In the United States during the 1950c and 1960s.
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RESPONSE: GM does not have an exemplar of each brake lining: that was used
ia all models of automobiles manufactured during the )950s and 1960s.
Asbestos-containing drum brake linings that can be purchased from a GM
dealer today are not much different in design or appearance. GM also objects
to this Request because it is vague, overly broad and unduly burdensome,
and it a.*;ks for items that are neither relevant nor likely to lead to admissible
evidence.
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27. An exotnplar of each type of the asbestos-containing gaskets used by DEFENDANT in automobiles and trucks manufactured for sale in the United
States during the 1950s and 1960s.
RESPONSE; GM does not have an exemplar of each asbestos-containing gasket
used in automobiles and trucks during the 1950s and 1960s. If GM still
supplies any of these parts, they can be purchased through a CM dealer. GM
also objects to this Request because it is vague, overly broad and unduly
burdensome, and it asks for items which are neither relevant nor likely to lead
to admissible evidence.
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28. An exemplar of each type of asbestos-containing clutch facings used by DEFENDANT in automobiles and trucks manufactured for sale in the United States during the 1950s and 1960s.
RESPONSE: GM does not have an exemplar of each asbestos-containing clutch U6ed in automobiles and trucks during the 1950s and 1960s. If GM still , supplies any of these parts, they can be purchased through a GM dealer. GM also objects to this Request because it is vague, overly broad and unduly burdensome, and it asks (or items which are neither relevant nor likely to lead to admissible evidence.
29. AU corporate committee records referencing the safety of asbestos-containing products used in the manufacture of vehicles for sale in the United States.
' RESPONSE: GM objects lo this Request bocouse it is vague, overly broad, and unduly burdensome.
30. Ail corporate committee records referencing efforts to phase out the use of asbestos in vehicles manufactured for sale in the United States, or to find asbestos-free replacements for use in such vehicles.
RESPONSE: The chemical composition or formulation of brake linings and disc pads have changed over the past sixty years for many reasons, including changes in the design of cars and trucks and their brake systems, changes in manufacturing methods, and different requirements for performance, durability, use, etc. GM has not made or sold "asbestos-free replacements" for asbestos broke linings, since brake lining material not containing asbestos has different performance characteristics and is used in brake systems that are desigaed to accommodate its performance characteristics. Also mechanics are not excessively exposed to asbestos from routine brake maintenance or