Document MJ0439Q7rLVJGZE6Nqe1qXjwL

Kent M. Adams *t Pamela Neale Williams Ellen G. Reynard Ernest J. "Trey" Browne, III Mark R. Pickering! Preston D. Hutson Ross H. Jones Lisa Primosic Williams Todd A. Latiolais Jennifer L. Green Scott D. Greener Christopher C. Ege Daisy J. Kapadia John M. Fowler Sarah M. Davis David Flores Bill Coffey* of counsel Adams & Coffey a professional corporation Attorneys at Law September 11,2002 Dallas Office The Millennium Center - North Tower 222 W. Las Colinas Blvd., Suite 1730 Irving, Texas 75039 - Telephone (972) 506-6600 2 111 9=0! Fax (972) 506-6620 Other Offices: Beaumont, Texas Telephone (409) 838-6767 Fax (409) 838-6950 Houston, Texas Telephone (713) 659-6767 Fax (713) 759-6830 * Board Certified - Personal injury Trial Law Texas Board of Legal Specialization t Licensed in Texas and Louisiana Ms. Jill VanderPloeg Mr. Richard Nemeroff BARON &BUDD 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219 Via Federal Express PLAINTIFF'S EXHIBIT Mr. Jimmy M. Negem NEGEM, BICKHAM & CLARK 440 South Vine Tyler, Texas 75702 t CM/RRR#7002 0460 0000 0147 8131 Re: Cause No. 45-215-A; Lloyd Bryant, et al v. U.S. Gypsum Company, et al; In the County Court at Law Number Two of Smith County, Texas; Our File No. 7317.037 Dear Counsel: Enclosed are Defendant Hill and Griffith Company's Second Supplemental Answers to Plaintiffs' Interrogatories and Second Supplemental Responses to Plaintiffs' Request for Production in the above-referenced matter. Should you have any questions, please do not hesitate to contact me. Sincerely, . Jwlb Pamela J. Williams /dks Enclosures cc: AH Known Defense Counsel of Record NO. 45,215-A LLOYD BRYANT, ET AL VS. U.S. GYPSUM COMPANY, ET AL IN THE COUNTY COURT AT LAW NUMBER TWO SMITH COUNTY, TEXAS DEFENDANT THE HILL AND GRIFFITH COMPANY'S SECOND SUPPLEMENTAL ANSWERS TO PLAINTIFFS' INTERROGATORIES TO: Plaintiffs, by and through their attorneys of record, Mr. Richard Nemeroff, BARON & BUDD, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219 and Mr. Jimmy M. Negem, NEGEM, BICKHAM & CLARK, 440 South Vine, Tyler, Texas 75702. COMES NOW, HILL AND GRIFFITH COMPANY, one of the Defendants in the above entitled and numbered cause, and pursuant to Rule 197 of the Texas Rules of Civil Procedure and the Court's ruling of August 30, 2002, makes and files this its Second Supplemental Answers to Plaintiffs' Interrogatories served upon its attorney of record, which answers are attached hereto. Respectfully submitted. ADAMS & COFFEY, P.C. State Bar No. 00869200 PAMELA J. WILLIAMS State Bar No. 00791936 222 W. Las Colinas Boulevard Suite 1730N Irving, Texas 75039 PHONE: (972) 506-6600 FAX: (972)506-6620 ATTORNEYS FOR DEFENDANT, THE HILL AND GRIFFITH COMPANY HILL AND GRIFFITH COMPANY'S SECOND SUPPLEMENTAL ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES - Page I CERTIFICATE OF SERVICE This will certify that a true and correct copy of the above and foregoing has been forwarded to all known counsel of record in accordance with the Texas Rules of Civil Procedure on this the 11th day of September, 2002. PAMELA J. WILLIAMS HILL AND GRIFFITH COMPANY'S SECOND SUPPLEMENTAL ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES - Page 2 DEFENDANT'S SECOND SUPPLEMENTAL ANSWERS TO PLAINTIFFS' INTERROGATORIES INTERROGATORY NO. 2: Identify by name each product containing crystalline silica and/or silicon deoxide that Defendant or any of its predecessor or subsidiary companies at any time manufactured, marketed, or sold. ANSWER: Defendant responds as follows, limiting its answer per Plaintiffs' counsel's clarification, to the Tyler Pipe facility during the time frame that Plaintiffs worked at that worksite: (1) Hill and Griffith sold bentonite to Tyler Pipe, which product was mined and shipped directly from the American Colloid facility from 1972 through 1989, and direct shipped from Federal in 1976, and 1979-1982. Hill and Griffith also sold a small amount of bentonite from the Hill and Griffith facility 1972-1979 off and on. Bentonite is a naturally-occurring substance that contains, as do virtually all naturally-occurring substances, some percentage of silicon deoxide. Bentonite contains from 60.0 - 62.0 percent silicon dioxide, but only 1-5 percent crystalline silica. Please refer to MSDS produced in Defendant's Second Supplemental Response to Request for Production. (2) In addition, Hill and Griffith sold premix from 1985 to 1989 to Tyler Pipe. Premix is a mixture of varying quantities of bentonite and sea coal. Please refer to MSDS produced in Defendant's Second Supplemental Response to Request for Production. (3) Hill and Griffith sold sea coal to Tyler Pipe from 1972 to 1989. Sea coal contains a smaller percentage of crystalline silica than does bentonite, and also is a naturallyoccurring substance. Please refer to MSDS produced in Defendant's Second Supplemental Response to Request for Production. (4) Concote 405 - Hill and Griffith has sold this product to Tyler Pipe for the last 1 to 1 'A years, through a distributor in Fort Worth, Texas, Canfield & Joseph. Please refer to MSDS produced in Defendant's Second Supplemental Response to Request for Production. (5) No. 1 Zircon Core and Mold Wash - Hill and Griffith made one sale of this product to Tyler Pipe in 1979 for $214.40. (6) Slik box - This product was sold to Tyler Pipe by Hill and Griffith. This product is no longer manufactured by Defendant and has not been for several years. (7) Red Chief Core Paste - Please refer to information produced in Defendant's Second Supplemental Response to Request for Production for product information and dates of sales. (8) EZ Dry Plastic Mold Spray -- Please refer to information produced in Defendant's Second Supplemental Response to Request for Production for product information and dates of sales. (9) Pyroseal Mudding Compound -- Please refer to information produced in Defendant's Second Supplemental Response to Request for Production for product information and dates of sales. HU T. AND GRIFFITH COMPANY'S SECOND SUPPLEMENTAL ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES - Page 3 INTERROGATORY NO. 3: If the answer to one or more of the last 2 interrogatories is in the affirmative or lists any products, state as to each named product the following: a. As to each product, state whether such product was mined, manufactured, marketed, and/or sold; b. The names of companies mining, manufacturing, and/or selling each product mined, manufactured, marketed, and/or sold; c. The trade or brand of those products mined, manufactured, marketed, and/or sold; d. The date of the named products was placed on the market; e. A description of the physical (chemical) composition of each of the named products, including the percentage of crystalline silica and /or silicon deoxide put in each product; f. The date of each of the products was removed from the market and no longer sold or distributed and the reason or reasons therefor; g. The date crystalline silica and/or silicon deoxide was removed from such products, if ever, and the reasons therefor; h. A description of the physical appearance of each of the named products; i. A detailed description of the intended uses of the named products; and j. Identify the last year that you sold each crystalline silica and/or silicon deoxide containing product. ANSWER: Please refer to Defendant's answer to Interrogatory #2, as well as documents produced in Defendant's Second Supplemental Response to Request for Production. INTERROGATORY NO. 4: Set forth a detailed listing of every shipment that you made to Tyler Pipe Industries, Inc., Western Foundry and/or Sterling Faucet of products containing crystalline silica and/or silicon deoxide in any form, for the period from 1938 through the present. The listing shall include the following: a. The date of each shipment b. The exact name and product number of each product shipped on each such date; c. The quality of each such product shipped; d. The size of the products shipped (i.e., mesh size) or other variable that would describe size of product; e. Briefly describe what the products were manufactured to be used for; and f. Please describe any documents that would represent the sale of said products and where said documents are located. ANSWER: Defendant has not sold any product to either Western Foundry or Sterling Faucet. Defendant supplied the products listed in Defendant's answer to Interrogatories #2 and #3 to Tyler Pipe. Defendant does not maintain detailed records to enable it to itemize each sale by date, quantity and product. However, some prior invoices and other sales records may have been previously produced in other cases, and these records would outline the extent of sales of products to Tyler Pipe by this Defendant. In addition, please refer to documents attached in response to Request for Production, which outline the products sold to Tyler Pipe from 1972 to 1989, the only years which Defendant has these records available. HILL AND GRIFFITH COMPANY'S SECOND SUPPLEMENTAL ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES - Page 4 INTERROGATORY NO. 15: Do any documents, including written memoranda, specifications, recommendations, blueprints, or other written materials of any kind of character, relating to the potential health hazards of the products listed in Interrogatory No. 2 now exist? If so, state: a. The name of each product. b. A description of each document and how it relates to each product; and c. The name, address, and job title of each person who currently has possession of each document, and where it is presently located. ANSWER: Please refer to MSDS's produced in Defendant's Second Supplemental Response to Request for Production. INTERROGATORY NO. 20: Set forth a detailed listing of every shipment that Defendant made to Tyler Pipe Industries, Inc., Western Foundry, and/or Sterling Faucet of product(s) manufactured or supplied by Defendant, including product(s) containing silica and/or silicon deoxide in any form for the period from 1938 through the present. This listing should include the following: a. The date of such shipment; b. The exact name and product(s) number of each product(s) shipped on each date; c. The chemical make-up of each such product(s) d. The quality of each such product(s) shipped; and e. If you would do without a formal request for production, please attach copies of invoices, bills of lading, purchase orders, and other documents which reflect the above information. ANSWER: Please refer to Defendant's answer to Interrogatory #4. HILL AND GRIFFITH COMPANY'S SECOND SUPPLEMENTAL ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES - Page 5