Document N2jjJakgQmavgJ4nGvmBQKoaQ

SEP-02-97 13:42 Froi:PHELPS DUNBAR rmmm W75 P.06/07 Job-987 LOUIE WHITE, ET AL, Plaintiffs, vs. KEENE CORPORATION, ET AL. Defendants. NO. 93-07046 IN THE DISTRICT COURTS OF $ TRAVIS COUNTY, TEXAS $ 147TH JUDICIAL DISTRICT *\ DEFENDANT UNION PACIFIC RAILROAD COMPANY'S FIRST SUPPLEMENTAL OBJECTIONS 4MD JNUtfOMatS TO PLAINTIFF'S SECOND SET ft* TO: E. L. Lambright, Plaintiff Decedent, by and throu|IUMt attorneys of record, Kimberly Schauck, Baron & Sudd, The Centrum, 3102 Oak Lawn Avenue, SuNRHOO, Dallas, Texas 75210-4281. Pursuant to Rules 166b and 167 ofthe Texas Rules of Civil Procedure, Union Pacific RaOreadCompany, Successor-in-interest to Misaouri-Kansas-Texas Railroad Company (Improperly naaad as Missouri Pacific Railroad Co. Individually and d/b/a Union Pacific Railroad Co., Successor-in-IeMttt to MlsaoeH-K^nras-Texas Railroad Co.), Defendant herein, hereby submits its First Supplemental Objectionoeed Rasponats rePiabitifTs Second Set of Interrogatories. DEFENDANT UNION PACIFIC RAILROAD COMPANY'S FIRST SUPPLEMENTAL OBJECTIONS AND RESPONSES TO PLAINTIFF'S SRCOMP SET OF INERRROOATOttIRS INTERROGATORY NO. 14.: Please state whether written wamingswere placed atany^ocafans adjacent to or near asbestos in place on railroads, railway carts) and/or enginets) and/or locomotive^ owned or operated by Defendant at anytime from 1965 to the present. If so, please describe with specificity sudh signs, including size, color, wording, etc. Additionally, please state the number of such signs that were installed and indicate the specific location of each such sign and the dates such sign was at that location. ANSWER: OBJECTION. This interrogatory is overly broad, unduly bredenrema and reeks information which is neither relevant nor likely to lead to the discovery of admissible evidence Itjdoes not reference any time period during which Plaintiff was allegedly employed by Defendant nor is it lireitadco the job site or facilities on which Plaintiff was allegedly employed by Defendant. PDS^eioc.i 1 RECEIVED TIMESEP. 2. 1:44PM SEP-02-97 13:42 Fr:P*LP$ DWBAfi nmm $-175 P.07/07 Job-987 INiTggROCATngy NO IS : Doe* your company have, or has k ever had, orhave your predecessof(s) or subsidiaries ever had, a Safety Department? If so, state: A. The year such Safety Department was established; B. Whether or not such Safety Department has operated continuously since betng established; C. The name of each director, chief, or head of your Safety Department year by ytat, beginning with the first year you had a Safety Director or Safety Department, and the iast known address and phone number of each; D. 5tate the duties and responsibilities of such Safety Department ANSWER: Objection. This Interrogatory is vague, ambiguous, OMrfy brrarl; unduly burdensome and seeks information which is neither relevant nor likely to lead ro the discovery of admissible evidence. Subject to but without waiver of the foregoing objections, all Railroad Departments are-conscious of safety issues. Further, Defendant has no records available from which to obtain the requested information for Plaintiff's employment period. The present General Director-Safety Is Steve Kenyon. The Genentf -Director-Safety position is responsible ter directing accident/injury prevention activities in thraeas of Induitrial safety and health, public safety, and grade crossing safety to reduce accidents, injuries and occupational illness. Respectful.I y submitted. PHEIPS DUNBAR Sv/A Deborah Newman Texas State Bar No. 01237257 ' 3040 Post Oak Boulevard Suite 900 Houston, TX 77056 (713) 626-1366 (713) 626-1386 FAX Attorney for Defendant Union Pacific Railroad Company CERTIFICATE Of SERVICE- r" The undersigned hereby certifies that a true and correct copy of- Defendant Union Pacific Railroad Company's Second Supplemental Objections and Responses to Plaintiffs Second Set of interrogatories has been sent via First Class Mail to all parties of record on attachedservicff list'of September, 1997 and via facsimile to Kimberly Schauck, Baron & Budd, 3102 Oak Lawn Avenue, SCS1100, Dalles, Texas 75219-4281, this ,, day of September, 1997. PDSr76106.1 RECEIVED TIMESEP. 2. 1:44PM