Document NRDndvORpMe4D4qa5BdYG8qR

LAWRENCE A. MARGOLES BARFIELD, BARFIELD, DRYDEN & RUANE A Law Corporation .. , Y fl One California Street * Suite 3125 San Francisco, California 94111 Telephone: (415) 362-6715 \n\ \\)\ r-Q \ 0 \i\ U\ V t ^ ^ .... ........... ** - / / ' Attorneys for Defendant -*1984 FORD MOTOR COMPANY ****, II SUPERIOR COURT OF THE STATE V--^ CALIFORNIA . \ . COUNTY OF ALAMEDA \; HENRY L. PIPPINS and BELLE PIPPINS, Plaintiffs, NO. 563193-7 OWENS-CORNING FIBERGLAS CORP.> et al., Defendants. DEFENDANT,FORD MOTOR COMPANY'S ANSWERS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES The responses provided herein have been prepared pursuant to a reasonable and duly diligent investigation and search for the information requested. For many years, Ford has had several hundred thousand employees, many of whom have worked at several of the company's facilities in the United States and in conducting its business has every year created many millions of documents that have been kept in ^ numerous different locations and have frequently been moved' from site to site as employees have changed jobs. Accord ingly, Ford does not represent that the responses contained herein provide all of the information requested? rather, these responses reflect information obtained before thi PLAINTIFF'S h EXHIBIT i WV-06323 date by Ford pursuant to a reasonable and duly diligent search and investigation in those areas where the informa tion is expected to be found. To the extent that the plain tiff's request purports to require any more, Ford objects on the grounds that compliance with the request would impose an undue burden or expense. Furthermore, in order to make responses to these Interrogatories feasible, it is generally appropriate to limit their scope to friction products. ; Further, if additional discovery requests are served upon Ford in this action, Ford wi 11 not review the present discovery requests to ascertain whether, subsequent to the serving of this response, new information that .might be responsive to the present discovery requests has been obtained. To the extent that the present discovery requests purport to impose any such obligation. Ford objects on the grounds that the -requests contravene the: - rules end, in addition, seek to impose an undue burden and expense. 1. State the name, present business address ; and capacity or title of: ' V - V : " :V (a) the individual signing these interrogatories on behalf of the answering defendant; and ; : : : (b) each person who has supplied information used in answering these interrogatories. ANSWER: (a) The person signing these Interroga tories is an employee of Ford who is an authorized'agent for the purpose of verification of discovery responses. For that person's name, please see the verification. That person works in Dearborn, Michigan. Please contact that person through Ford's counsel in this action. ,' ' (b) Ford objects to this interrogatory based on burdensomeness and relevance. The Answers to these Inter rogatories constitute a corporate response which has been verified by an authorized agent of Ford, 2. Have you purchased, acquired, merged with, assumed the assets of, and/or assumed the liabilities of any business entity, or any pre-existing or established operat ing division of any other company or business entity, which mined, milled, manufactured, labelled, sold, distributed, imported or supplied any asbestos or asbestos-containing product(s) ? If so, please state the name of each such business entity or operating division. />/ v;7 ; /// 3 1 ANSWER: Upon present information and belief, no. 3. Please state whether or not the answering defendant is a corporation; if so, please state: 7 6 ' (a) your correct corporate name; : 7. ..7--..Vv 7 8 ' 9 ; (*> the state of incorporation; ; 10 ( = ) the address of your principal place of 11 . - ness; , - 12 13 (d) whether you have ever held a certificati .4 authority to do business in the State of California; and 15 16 whether, the ownership is publicly or 17 vately held. ^'7./777 .^V 7777-; 7- 7 ;'- / .;77'7' 18 19 . . ;.' ' : . ANSWER: Yes. : -V'-- 20 21 ^ (a) Ford Motor Company. '> - 22 23 (b) Delaware. 24 /// 25 ' /// *>6 /// 4 (c) The American Road, Dearborn, Michigan. (d) Yes. (e) Publicly. 4. Has defendant ever been identified, known or done business under any other name during any period of its existence? If so, please state such name or names and the time period during which this .defendant was so known or identified. ANSWER: Ford was incorporated in Delaware in 1919 and acquired the business of a Michigan company also known as Ford Motor Company> incorporated in 1903> to produce automobiles designed and engineered by Henry Ford. ; - S. If any parent corporation, predecessor cor poration, predecessor business entity, subsidiary of this defendant, successor-in-interest, or any corporation in which this defendant holds, or held a controlling interest, has mined, manufactured, sold, distributed, imported, or supplied any asbestos or asbestos-containing product(s), please state the name(s) of each such entity(ies), corporation(s) or predecessor(s). 3 ANSWER: Other than affiliated corporations which also sell automobiles containing parts having an asbestos content, the answer is none. V ; 6. Please state whether you have organizational charts for the last forty years and, if you will not produce copies without a request to produce, please identify the custodian and describe the documents sufficient for a request to produce. :^ ; ANSWER; Ford objects to this interrogatory as irrelevant, immaterial and unduly burdensome. Without waiving these objections. Ford states that it does have some organizational directories. 7. Do you manufacture or distribute any "friction products" (see "Definitions") which contain asbestos? If so, for each such product, please state: v (a) the trade or brand name; (b) the manufacturer's name (if different than defendant's name); '6 /// .% ' 'V 1 (c) the inclusive dates of manufacture; -i 2 . ' - . `' 3 (d) the asbestos composition (i.e., amosite, . j. 4 chrysotile, etc.) and quantitative percentage of asbestos; ' ` . , ' ,3 5 6 (e> the purpose for the inclusion of asbestos in ::'.j 7 the product (i .e., binding agent, fire retardant, etc.); . 8 9 () the supplier of the raw asbestos; 10 11 , (9) the recommended procedures for the use of the -V ' ; V V 12 : product, including its installation and/or removal; 13 >4 <h> a description of the type of container, 15 packaging or carton in which each such product is shipped to 16 retailers.or distributors; 17 ^ ' 18 (i) a description of any printed material or ' - 19 trademarks appearing on each type of container identified in 2P 7(h); above; 21 22 23 24 . 25 * (j) any written instructions, materials, etc., >; which accompany each such product when it is shipped to , .. - retailers. /// . 'v. v-/: v - : -./^v'vO'^ , ;;v ~v; ; "6 /// - 111! 1 ANSWER: Yes. 2 3 (a) Original equipment products are sold under 4 the name of the Ford Motor Company. After-market or 5 replacement parts are sold under the name of the Ford Motor 6 Company or Ford Authorized Remanufacturers. . :' 7 8 (b) See answer to 7(a). : 9 10 (c) Upon information and belief, certain auto 11 motive parts, including brake linings and clutch facings, 12 have always contained asbestos. 'r; --' v/;'- - -v; 13 14 ; (d) Because Ford does not manufacture the clutch 15 facings or brake linings, it does not know the percentage of 16 asbestos they contain. According to Ford's suppliers, the 17 type of asbestos fibers in the clutch facings and brake 18 linings is chrysotile. '"... 19 20 V <> The asbestos in brake linings assists in 21 braking and friction. The asbestos in clutch facings 22 assists in transmitting rotational force from the engine and 23 fly-wheel to the rear wheels. 24 25 (f) Ford purchased finished brake assemblies and clutch facings from suppliers. If plaintiffs will specify -8- 1 the relevant time period and vehicles involved. Ford will attempt to identify the suppliers who may be involved. . (g) Ford objects to this sub-interrogatory because it is vague and ambiguous. As to brake linings. Ford recommended that the dust from worn brake linings be removed with a vacuum. See answer to Interrogatory 7(i) below. ' ' V- :-v. . /. . (h) Vehicles are not shipped in containers, packages or cartons. After-market brake linings and clutch facings are shipped in cartons to authorized distributors. such as: (i) Labels on the containers read along lines "CAUTION: CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. WHEN SERVIC ING THIS BRAKE LINING OR ANY COM PONENT RELATED TO IT OR LOCATED NEARIT, PREVENT ASBESTOS DUST FROM BEING 5AIRBORNE BY VACUUMING THIS ASSEMBLY WITH AN INDUSTRIAL TYPE VACUUM CLEANER EQUIPPED WITH.A HIGH EFFICIENCY FILTER SYSTEM AND BY WASHING THE ASSEMBLY WITH AN APPRO PRIATE BRAKE PARTS WASHER IF NECES SARY. NEVER REMOVE DUST OR DIRT FROM THIS ASSEMBLY BY BLOWING WITH COMPRESSED AIR. " r 6 9 1 {j ) See answer to 7 (i). 8. With respect to each product identified in Interrogatory No. 7above, did defendant's name, a trade mark, logo, color code or any other identifying markings ever appear on the actual product itself? If so, : (a) identify each such product; (b) 'state when the practice of placing such identifying markings on the product was begun, and, if applicable, when it ended; and . (c) describe in detail the pertinent marking(s) and the purpose, if any, of such marking(s). .: ANSWER; Ford's vehicles have always borne Iden tifying marks indicating that they are Ford products. With respect to after-market; brake linings and clutch facings, both would be stamped with a part number and the manufac turer's logo. /; -v. r'-.-1--. 9. Do you contend that you did not manufacture any asbestos-containing product from 1940 to 1982? If so, ^ -10- 1 (a) state all facts upon which you base such 2 contention; . 3 . . . ...; ' . .. . , ' 4 (b) identify each person having knowledge of each 5 such fact and state which facts each such person knows; 6 : -. ; 7 .' -/ 7 <c) identify each writing which -supports each 8 such contention; and _ - /' ;;^ V 9 .. \ . .; 10 <d) identify each oral communication which sup- Y. n ports such contention. .. . - . . '.' v 12 13 , :v ANSWER: No.- - . . 14 . 15 16 17 v - 10. Do you have policies of insurance that cover the claims that have been made by plaintiff herein? if so. please state: ; 18 19 ' (a> the name of each insurance carrier who has . - 20 coverage; 21 22 (b) the amount of such coverage;, ; / ': . . 23 24 (c) the inclusive dates of coverage; and 25 : ... > 1 /// /// 11- (d) the policy number(s) ANSWER: Yes. See attached compilation of insur ance. coverages. ' 11. Has any employee of defendant ever made a claim for asbestosis or other disease allegedly caused by exposure to asbestos under the Occupational Disease or Worker's Compensation Statute of any state. If so, please state: ' ; -- ` ; . " v\ ' (a) the'name of the claimant; (b) the state; and (c) the date defendant first received notice of -the claim. ANSWER; Ford's records do not permit retrieval of this information so it is not feasible for Ford to respond. Furthermore, because of the differences in occupational exposure, the; information sought would not be relevant or likely to lead to the discovery of admissible evidence on the claims asserted herein and Ford objects to this Inter rogatory. -12 1 12. Have you ceased the manufacture of or distri bution of any of the products identified in Interrogatory No. 7? If so, for each such product, please state: : (a) date manufacture/distribution ceased; (b) reason manufacture/distribution ceased; (c) people involved in decision to cease manufac ture/ distribution; - ' :V . 7 : V ': (d) person(s) most knowledgeable about the ceas ing of manufacture/distribution of any such product; and (e) whether any studies were conducted -before manufacture/distribution was ceased and, if so, identify each study by date, author, title and subject matter;. .r ANSWER; Some 1983 Ford models utilize fiberglass, steel wool and semi-metallic brakes. The reason that these substitutes have been incorporated was to. reduce the use of asbestos in brake; linings. The decision was a corporate decision which was hot made by any one ` individual. Mr. J.P. Ridenour, a Eord employee, is knowledgeable in many aspects of this Answer: -13- 1 13. Does any patent pertain to any product identi fied in Interrogatory No. 7? If so, for each such product, -please state:' . . ... . .' 4 ' .- ' . : \ -v ^ ' :: - ; ;: 5 6' . . (a) the number of each patent; V: ' .' .. ^ \ - - ,... ' V.;' , - - /.V. 7 (b) the date same was issued; arid 8 . ''; ; ' '/ v vVv. . : - . V' ' . ' 9 10 . n (c) the number of each patent application that is pending. ' - . : V /;, - . . . :.... /' ':;j7;'j ' 12 . ANSWER: No. 7 7 - -: :' ;.; 14 ; - 14. Have any of the products identified in Inter- 15 rogatory No. 7> above, been altered in asbestos type or 16 quantitative percentage since first being marketed? If so, 17 for each such product please state: \ 18 '' ,7 :.;\;:-7~:7'7 :;-;v.7^7:'7:;'77. / V./ - ' 77 19 (a) the trade or brand name; 20 - ; 21 ; '7 ; : 7 7:7 \'7' -/ .7 ' . (b) the date of alteration; ;: 22 '77 23 - .7'-7> >7=7 /7 7 . ;-.77 :7.-7v (c) the nature, of the alteration; . .; ' ^ 24 /// 7777V7;' :7777::77v'-4^ 25 /// .......... _- ' -14- -- 1 (d) the reason for the alteration; and (e) person(s) most knowledgeable about alteration and/or decision to alter any such product. the ANSWER: Because Ford does not manufacture the brake linings or clutch facings in question, it does not have_the information; with which to answer this interroga tory. . -' r' ; . 15. From the time you first began manufacturing or distributing the products identified in Interrogatory No. 7, above, did any of such products contain any warning, cau tion, caveat or other statement concerning the possibility of injury or illness resulting from the use of such product or its packaging? If so, please state: (a) when the warning first appeared; (b) the precise wording of the warning when it first appeared; . \ .. - ; : ' (c) whether the warning was; altered, amended or changed in any manner and if so, how and when; - -15- 1 (d) where the warning was located on the product or packaging; (e) when/ if ever, you first became aware of warnings placed on other manufacturers' asbestos-containing friction products; . -: .. : ' . ' ; . ' (f) the person(s) most knowledgeable apout.the decision to use said warning(s). ^ ANSWER; Yes. - X ; 'v - , >.'. Xv; X% -X >/(a) 1980;X.>X-> X'' ;; XXXXX (b) See answer to Interrogatory 7(1). ..:: (c) Not applicable. ,vX-'. ; (d) On the packaging containers. .. .V (e) Not known. ' , (f) Merle Hamburg, Thomas O'Nei 11, Robert Benson and Gil Burford. These persons were Ford employees. -16- 1 16. Have you, at any time, published and/or dis tributed any brochures, sales literature, pamphlets or other written materials (other than identified in Interrogatory No. 15) that contained any warnings, cautions, caveats or directions concerning the possibility of inquiry [sic) or illness resulting from the use of any product identified in Interrogatory No. 7 above? If so, please state: ^ : : (a) the type of written material (i.e, brochure. pamphlet); (b) the present custodian; and produce. (c) a description sufficient for a request to ; -ANSWER; On October 24, 1975, a Technical Service Bulletin was issued by the Parts & Service Division to Ford dealerships recommending a vacuum cleaner be used for clean ing brakes. In January, 1976, a follow-up Technical Service Bulletin was issued to the dealers indicating that Ford recommended the use of an industrial vacuum cleaner in brake cleaning operations. The 1977 edition of Ford's Shop Manual for dealerships recommended that brakes not be cleaned with an air hose - and that a vacuum cleaner be used for this purpose. These documents: can be made available in the -17 offices of Ford's counsel for inspection and copying on an agreed date. ' 17. Do any written memoranda, specifications, reports, blueprints or other written materials of any kind or character exist relating to testing of any products identified in Interrogatory No. 7? If so, please state: (a) the type of written material <i.e., memo randa, blueprint); V .. v; --' <b) the present custodian; and (c) a description sufficient for a request to produce. ANSWER: Ford objects to. this Interrogatory because it is vague and overly broad. Without waiving such objections. Ford states that in 1969, tests were conducted in England by Industrial Hygienists employed by Ford. These tests were reported in the literature in 1970._ The authors are Hickish & Knight. In the early 1970! s, Mr. Arnie Anderson and Mr. Roy Gealer of Ford's Scientific Research Staff conducted tests to determine the 'quantity of asbestos fibers liberated from brake linings, during the braking process. They concluded that over 99.98% of the asbestos -18 1 fibers in brake linings decomposed during the braking pro cess into non-fibrous material. Their results were pub lished in 1973. Copies of both reports are being produced simultaneously with these Answers. .^ : ; In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake linings being cleaned by brake mechanics using air hoses. It determined that asbestos levels were well below existing or proposed OSHA standards. This testing was done by Mr. Anderson and Mr. Henry Lick, under;the supervision of Mr. Paul Toth, the then manager of Industrial Hygiene. : In addition, Ford partially financed studies done at : Mt. Sinai School of Medicine which reached; the same conclusions as the Anderson/Gealer studies. ;; ; ; 18. Were any design changes made as a.: result of any test identified in Interrogatory No. 17? If so, please state: v ' : . '.' ' . ' ' ' - - ' ; (a) the nature of the change made; and (b) the name, address and job classification of * each person an charge of making the change. ;- \- ^ -19- 1 2 3 4 5 6 7 8 9 -10 ' ANSWER: See Answer to Interrogatory No. 17 and No. 12. ` ... . . , ' . 19. Please identify (1) any material or substance within your knowledge which could be or is presently being used for the same purpose as asbestos is or was used in the products .identified in Interrogatory No. 7, above, and (2) state when it was first determined that said material could be used as a substitute for the asbestos. . . \VvV.'; ';' ; - \ .. ; ; , 11 ANSWER: See answer to Interrogatory No. 12. .^ 12 \ !' ^ '3 ..1.4' 15 16 17 18 19 20. Please state whether or not you, not your attorneys, ever obtained any knowledge concerning the likelihood of asbestos-containing products being hazardous to the health of humans and/or animals. If so, please state: / (a) when you first became aware of the hazardous potential of asbestos and asbestos products; .20 . . ' / V ' .. ' V.: ; 21 (b) how you first obtained this knowledge and 22 became so aware of said hazards; and . .23 : - : v/; vW;:v lil 24 V ; (c) from what source this information was 25 ' obtained; and 20 1 (d) the person(s) most knowledgeable about how and when you obtained this knowledge; ANSWER; The first case report indicating adverse health effects associated with the use and fabrication of - asbestos was published in 1907 in the United Kingdom. : Ford cannot state when a Ford employee first had knowledge of such information. 21. Identify all persons to whom you sold or distributed the asbestos-containing products identified in Interrogatory No. 7, above, for the years 1940 to present, inclusive. - ANSWER: It is not feasible for Ford to identify all persons to whom it has sold vehicles or brake linings in the past 43 years. Furthermore, the information called for by this Interrogatory is overbroad and immaterial to any issue in this litigation. 22. What was your market share percentage vis-a-vis other manufacturers of the same type products for the following markets: ". : .. .: , ` "' . (a) the national market for asbestos-containing friction products; and -21- (b) the western states (west of the Mississippi 2 River) market for asbestos-containing friction products. ANSWER; Ford objects to Interrogatory No. 22 as calling for irrelevant and immaterial information. J 23. Identify the person(s) who has (have) knowl edge _or information concerning Interrogatory No. 22, above. ANSWER; See Answer to Interrogatory No. 22, 24. Identify each writing upon which you based your response to Interrogatory No. 22, above, identifying the custodian of said writing(s). ANSWER: See Answer to Interrogatory No. 22 25. Who are your competitors with respect to asbestos-containing friction products identified in Inter rogatory No. 7, above, during the following time periods: (a) 1930-1940; (b) 1940-1950; -22- 2 (d) 1960-1970; (e) 1970-present. ANSWER: Ford's principal competitors are other companies who sell cars and trucks. From year to year, the number and identity of those competitors has changed. - 26. Do you manufacture or distribute asbestos or asbestos-containing products, other than those identified in response to Interrogatory No. 7, above? If so; for each such product please state: - , (a) the general category of product (x.e., ther mal insulation, construction); ...... (b) the trade or brand name ; r <c) the manufacturer's name (if different than defendant* s name); fv - :. ': . ; (d) the;inclusive dates of manufacture/distribu- 1 (e) the asbestos composition (i.e, amosite, chrysotile, etc.) and quantitative percentage of asbestos; (f) the purpose for the inclusion of asbestos in the product (i.e., binding agent, fire retardant, etc.); \ (g) the supplier of the raw asbestos; (h) the recommended procedures for the use of the product; including its installation and/or removal; . (i) a description of the type of container, packaging or carton in which each such product is shipped to retailers or distributors; (j) a description of any printed material or trademarks appearing on each type of container identified in 26(i), above; and - ' .. (k) any written instructions, materials, etc., which accompany each such product when it is shipped to . retailers or distributors. . ./ V. - -' , .V: ANSWER: No. -24- 1 27. Do you contend that you could not have manu factured or distributed the asbestos-containing product(s) which plaintiff alleges he was exposed to? If so. (a) state all facts upon which you base such contention; __ (b) identify each person having knowledge of each such fact and state which facts each such person knows; (c) identify each writing which supports each such contention; and - ; ; ' (d) identify each oral communication which sup ports such contention. ^ ' ANSWER: Plaintiffs' allegations of -exposure to Ford products are unknown. . --> 28. Do you contend that you could not have manu factured or distributed the asbestos-containing product(s) which plaintiff alleges he was injured by? if so, ;: (a) : state all . facts upon which you base such contention; -25- (b) identify each person having knowledge of each such fact and state which facts each such person knows; (c) identify each writing which supports each such contention; and ' (d) identify each oral communication which sup ports such contention. : ANSWER: See Answer to Interrogatory No. 28. 29. Do you contend that your market share , of asbestos-containing friction products can be factually determined? If so, describe how you could compute your market share? - v : ^ - ;;7 - j.,- 'W-r ANSWER: See Answer to Interrogatory No. 22. i 30. Identify the person(s) who has (have) worked for you in any of the years from 1940 through the present who have knowledge of the documents from which it can be determined to whom your asbestos-containing products were sold and how much were sold. ^ ^ ; V-'/-- ANSWER: See Answer to Interrogatory No. 22. 31. Describe all efforts or activities by you to find a substitute product for the asbestos in your products including, but hot limited to: . ;: . . : (a) the dates of such efforts or activities; (b) the reasons for such efforts or activities; (c) names and addresses of persons involved in such efforts or activities; ::-V-:''-1 VV; V V-V .. (d) the result of such efforts or activities; and (e) identify any of your products which were altered as a result of such efforts or activities. . ANSWER: Ford commenced a search for asbestos substitutes in its automobiles in 1975 when it became aware of preliminary research findings which it had partially funded and .which culminated in a paper entitled Asbestos Exposure During Brake Lining Maintenance and Repair, pub lished in "Environmental Research", Vol. 12, pp. 110-28 (1976). See Answer to Interrogatory No. 19. -27- 1 32. Have any of your asbestos-containing products been supplied or sold to any other defendant in this litiga tion since 1940? If so, for each such product, state: 4 - ': . . . -7 .7 ' . . . -7 V 7/7 5 6- (a) the name of the product; ;: - 7/, S'-. . 7.7. 7 ' 7: : .: 7/777 7 - 7 .8 ' (b) the'defendant('s) it was supplied or sold to; ' ' 7 .= 77 7.7;/ 7-7/; / : v - ' ' / . 77-7/.. 9 10. . (c) the dates of sale or supply; 7 ./ ;. 7 . /. 7 .; " 7 7.7 7 vZ/.v 11 (d) identify all writings or records which ihdi- 12 '-3 ;. cate that said products were sold or supplied to a co-defen- dant; and - 77.:^ ../.. : 777/; ' 77 ;7-. /- 77/ 7V;.7 M 7 7:v:7-/77: . ./7' 14 7 . : 7777,77/7/77/777;/777777/7''' 7/7/7 7 7/77:f^'7(:7-77;;^'7^v.^'7>7'7^ 15 (e) state whether any warnings, cautions, caveats 16 or directions accompanied the product(s) sold or supplied to 17 these other defendants. ...7/' - 7 7 7 v;/. ' ; 77 -77/. ,// 77. 18 7 .7 :/s7,; ;;.7 ;7--- ;;'7/-7 ;^vo^:7r;.(-^7!rr\; V- 7 7 7"'7.-77 r7;77- 7/7' 7;--7- 19 ANSWER: It is Ford's practice to supply, dis- 20 tribute and sell service requirements through authorized 21 dealer's. Although it is not possible to say that no such 22 7 product was sold by Ford to the other defendants over the 23 . last 43 years, it is highly unlikely that there were any 24 significant sales of this type. 25 /// /// , 28- 1 2 3 4 5 6 7 8 9 10 11 12 7*3 14 15 16 17 18 19 20 21 22 23 24 25 33. Has any other defendant in this litigation supplied or sold you any asbestos-containing product since 1940? If so, for each such product, state: . . .. . (a) the name of the product; ,. . .: ; (b) the defendant who supplied or sold the pro duct _to you; ' . (c) the date(s) of sale or supply; ^^ ^ (d) identify all writings or records Which indi cate that said product(s) were sold or supplied by the co-defendant to you; and (e) state whether any warnings, cautions/ caveats or directions accompanied the product (s) so Id to you by said co-defendant(s). ; - 7 77.7'..7 , . 7:. 77 7 77 ANSWER: Yes. . . . 7. '7 ,..'7 ., ; 7'7 - - 7 : /.. S', :.7 . 7 7' ' (a) Brake linings. 7 : ' ; 7'/v-': (b) See attached supplier chart. 29 1 (c) See attached supplier chart. 2 3 (d) Ford objects to this Interrogatory as vague 4 and overly burdensome. ; 5 6. 7 (e) Commencing in 1980. . \ '. 8 34. Have you, at any time, entered into a 9 "rebranding" agreement with any other company, either as a 10 buyer or seller, concerning asbestos-containing products? 11 If so, as to each such agreement, please state: ; 12 ~'3 (a) the company manufacturing the asbestos-con 14 taining products under the agreement; 15 16 . (b) the brand name or trade name affixed to the 17 product and/or its packaging; IB 19 (c) the time periods covered by the agreement; 20 21 (d) the volume (in dollar amo.unts) of the trans 22 actions; :7 ; < 23 24 \ ; r (e) - the purchaser of the products;. and . , 25 3 /// 30 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 (f) all documents relating to said "rebrand" agreement. ANSWER: Assuming that this Interrogatory asks whether Ford sells any asbestos products to others for resale. Ford responds that it has been and is engaged in the furnishing of asbestos containing brake and clutch service replacement parts. Ford brake and clutch assemblies come from suppliers and are marketed under the Ford logo. See attached Supplier Chart ; . ; : . : >; ; . 35. Did you ever recommend to purchasers or users of your asbestos-containing products that respirators, protective masks and/or protective clothing be worn when working with the product? If so, please state: \ (a) the date or dates when such recommendation was made to any agency of the United States Government, such as the Naval Supply System; . ; (b) the date or dates when each such recommenda tion was made to each purchaser or user; ' /r; '- ^ .v\-' . (c) who made the recommendation; ;^ /// . /// -31 1 (d) who received the recommendation; (e) if oral, the manner and substance of the recommendation; * . (f) if written, identify the document by title/ date, file designation and author of each such recommenda tion and the location and present custodian of each such recommendation; ;. . (g) if you did make a recommendation, set forth all information, correspondence or documents relating to such recommendation; and /, . . ' ;; (h) the person(s) most knowledgeable about said recommendation(s). ^' ' ANSWER: Yes. (a) Upon information and belief, no such recom mendation was ever made by Ford to any .agency of the United States Government. v :7' (b) Ford first recommended the use of respirators * to purchasers or users in its Rotunda's Spring, 1976 cata logue. 32 a 2 3 4 5 6 7 8 9 10 11 12 - -13 14 is 16 17 18 19 20 21 22 23 24 25 ). * (c) Ford. (d) Ford dealers . (e) Not applicable. ; () Ford can make the Rotunda's Spring, 1976 catalogue available for inspection and copying at an agreed date in the office of its counsel. * (g) See answer to Interrogatory 35(b). . ; (h) Stan Svoboda. y. >'y- 36. Have you undertaken or financed any studies to determine what type of respirator and/or protective mask would afford protection against the inhalation of asbestos fibers? If so, please state: ' "' '"V (a) who made the study; v (b) when the study was made; .. -:v (c) the result of the study; /// /// 33 1 (d) if the result was written and, if so, iden tify the document by title, date, file designation and author of each study, and the location and present custodian thereof; and -, ' ' . : (e) the person(s) most knowledgeable about said study(ies). ANSWER: No. 37. Have you undertaken or financed any studies to determine what type of ventilator or ventilating system would eliminate or decrease the number of airborne asbestos fibers in confined spaces? If so, please state: ,, (a) who made the test or study; (b) when the test or study was made; (cj the result of the study or test; and : (d) if the result was written and, if V so, identify the document by title, date, file designation arid author of each such test or study, and the location arid present custodian thereof; -34- 1 (e) the person(s) most knowledgeable about said study(ies). ANSWER: The work done by Ford in this regard related to its own facilities. Available representative documents regarding such tests or studies:are being produced simultaneously. . - / v - - ' ""' "" ; . 38. From the time you first sold or manufactured asbestos products or products containing asbestos-until the present, have you conducted, participated in, financed or had conducted for you any studies to determine the effects of your asbestos products on workers working with such products? If so, please state as to each study: study; (a) the subject matter, title and date of each (b) the study; the date and name of the person authorizing (c) the reason for the study; study; (d) the names of the persons who conducted the -35 1 (e) the date the study was completed; 2 3 () whether the results were published and dis 4 seminated and, if so, where and to whom; 5 6 (g) the results of the study; 7 B (h) if statistical analyses were made, state the 9 date and describe the results and assumptions upon which 10 they were based; and ' . / ' ' :. 11 12 (i) if in writing, identify it by date, title, ' '.3 identification number; present location and custodian and 14 attach a copy. 15 16 ANSWER: Commencing in 1972, Ford participated in 17 and provided partial funding for studies done by Dr. Irving 18 Selikoff and others at the Mount Sinai School of Medicine in 19 New fork which culminated in the publication of several 20 papers, the first of which was identified in the Answer to 21 Interrogatory No. 31. The work done by Dr. Selikoff ori 22 ginally was a study of environmental pollution caused by 23 asbestos in brake linings. The study later focused on - the 24 occupational exposure of mechanics during brake repair and 25 maintenance. Ford's Research & Engineering Department and Industrial Hygiene Department were advised of the studies 36- I ' '. . ' ." '' ' r: -. . 1 undertaken, by Mount Sinai. Dr. Selikoff's 1976 publication 2 expressly acknowledges the support his work received from 3 Ford. ` . : . , . - ' . 4- ;v. / '. .: ` - .. : , . . 5 . 39. Have you conducted, participated in, financed 6 or had conducted for you any studies which had the purpose 7 to prevent,- minimize or eliminate inhalation of asbestos 8 dust_and fibers by those using or exposed to your asbestos- 9 containing products? If so, please state for each study: 10 .. ' ; ' V .. : ; . ' ' . . ; 11 ^ (a) the subject matter, title and date of each 12 study; .. - ; 13 .. -r;V 14 ; (b) the date and name of the person authorizing 15 such study; r 16 ; 17 :' <c): the reason for the study; : 18 19 .: -:V (4) the names of the persons who conducted the 20 study; 21 22 <e) the date the study was completed; . ; .v , 23 -. ' / . ; '-;.v 7 24 (f) whether the results were published and dis- 25 seminated and, if so, where and to whom; . ^ } . /// 37- 1 (g) the results of each study; (h) if statistical analyses were made, state the date and describe the results and assumptions upon which they were based; and / (i) if in writing, identify it by date, title, identification number, present location and custodian and attach a copy. : ANSWER: commencing in approximately 1973, Ford's Rotunda Products Division began work to develop a vacuum cleaner suitable for use in brake cleaning operations. A vacuum:cleaner suitable for this operation was developed and offered for sale in Rotunda's Spring, ^ 1976 catalogue. A person knowledgeable on this subject is Stan Svoboda. 40. Identify by date and present custodian of: (a) minutes or notes of your Board of Directors meetings since 1935 in which :' ^ ' . : ./ : (1) asbestos-related disease was discussed or referred to; and/or -38- 1 (2) preventative measures relating to 2 asbestos-related disease were discussed or referred to; 3 4 (b) minutes or notas of your Executive Committee 5 meetings since 1935 in which '. - ' ; : ...' 6 7 : (1) asbestos-related disease was discussed 8 or referred to; and/or / ' : . 'J : 9 10 . ' ' . ' (2) preventative measures relating to 11 asbestos-related disease Were discussed or referred to. 12 3 '//ANSWER: Ford objects to this Interrogatory as 14 unduly burdensome and calling for irrelevant and immaterial 15 information. 16 17 41. Since 1940, state the names and addresses of 18 any organizations to which you have belonged haying anything 19 to do with: -^V'. \ 20 21 . . ; . (a) the setting of. any standards regarding 22 asbestos-containing products; 23 24 , : (b) promulgating regulations regarding asbestos25 containing products; (c) disseminating information regarding asbestoscontaining products; (d) engaging in lobbying activities regarding asbestos-containing products; (e) doing any research regarding asbestos-containing products; and/or (f) conducting engineering studies, in any way, regarding asbestos-containing products. : ; ANSWER: tions are? Records of membership in such organiza American Society for Testing and Materials Memberships. See attached printout received from the Society dated November 21, 1983 being simultaneously Industrial Health Foundation: Ford had a membership from 1/47 to 12/74. See letter from the Foundation dated December 1, 1983 being simultaneously Society of Automotive Engineers: . It would not be feasible for Ford to iden tify all of its employees who have been or are members of the Society of Automotive Engineers; American Industrial Hygiene Association in the name of the Medical Department. - 40- There is no record of Ford's membership in the following organizations: Institute of Occupational and Environmental Health; ; , :' ' : ' ; ' . - Quebec Asbestos Mining Association; Brake Lining Manufacturers Association; Friction Materials Standards Institute; : Grinding Wheel Institute; :^ Asbestos Textile Institute; - Asbestos Information Association; ' " Trudeau Foundation; y : \v; Asbestos Brake Lining Manufacturers Institute. ; 42. Between the years 1930 to present, did you purchase or otherwise acquire any asbestos-containing pro duct or product line from another company? If so, for each such acquisition, please state: (a) date of contract of sale/acquisition; (by terms of purchase and sale agreement (or attach a copy of said agreement! s) to your answers ]; (c) trade, brand and/or generic name of each product so acquired; /// 41 I0 (d) name of company from whom you purchased each such asbestos-containing product or material; (e) location of any manufacturing, facility so acquired, and the .type of asbestos product(s) or material(s) manufactured therein; and . ; v: (f) names of each employee and their job capacity retained in your service who had been an employee of the company from which you acquired the product(s) or material(s). ' ; -- ANSWER: Except as identified above, upon informa tion and belie f, no. 43. At the time of the development of each product identified in Interrogatories 7 and 26, above, please state whether the product complied with any recommendations, safety standards, orders, rules, regulations or design requirements promulgated by any United States agency, or any professional society or association. If so, please identify each such product and identify the recommendation, safety standard, order, rule, regulation or design requirements by author, title, number, page, date, and agency or organisa tion. 42- *I - 1 ANSWER; Ford objects to this Interrogatory as 2 unduly burdensome and calling for irrelevant and immaterial 3 information. Without waiving such objections, Ford states 4 that it believes that its products meet -such provisions as 5 are applicable. . '. /. . 6 7 44. Do you contend that it is possible to distin 8 guish the products identified in Interrogatory No. 7 from 9 those manufactured by a competitor and/or co-defendants? If 10 so, for each such product, please state: \ 11 12 (a) the distinguishing features of your product; 13 .4 \b) the identification of your product and your 15 competitors' or co-defendants' product by brand, trade and 16 generic name; and ' 17 18 (c) if there are products which you contend 19 cannot be distinguished from products of a similar kind 20 manufactured by a competitor and/or co-defendant, please 21 state the brand and trade name of the product, and the brand 22 and trade name of the product manufactured by your compe 23 titor. 24 25 ANSWER: Yes. The manufacturer of some unused brake linings can be ascertained by part numbers, formula 27 tion codes, and logos on the brake lining. -43- `1 2 3 4 5 6 7 8 9 10 11 12 13 '4 15 16 17 18 19 20 21 22 23 24 25 26 45. Did you in any way assist, finance or partici pate in the 1929 Metropolitan Insurance Company study of asbestos? If so: (a) state what role or action you took; and . (b) identify all writings relating to said study in your possession. ' .. , . ' ; . . ANSWER: No. . - ... . .. . . 46. Did any of your officers or corporate per sonnel attend any one or more of the Saranac Symposiums from 1930 on? If so, please state the name of the person, posi tion or title and the dates attended. ANSWER: Upon information and belief, no. DATED: February 9, 1984 BARFIELD, BARFIELD, DRYDEN & RUANE Attorneys for Defendant ford motor company ; 44  >* 1 STATE OF 2 COUNTY OF 3 4 ) ) ss. ) ROBERT D. SAN30RN 5 being duly sworn, deposes and says that he is an authorized 6 agent of Ford Motor Company and that he verifies the fore 7 going Answers to Interrogatories propounded to the Defen 8 dants for and on behalf of Ford Motor Company, and is duly 9 authorized to do so; that certain of the matters stated 10 therein are not within the personal knowledge of deponent; 11 that the facts stated therein have been assembled by author 12 ized employees and counsel of Ford.Motor Company and depo 13 nent is informed that the facts stated therein are true. 14 y/'M15 . -X:' '4'^ <h 16 Subscribed and sworn to 17 before? me this /+>'&'day of xX.locrWi'V 1983. 18 7 : 19 v"i '-> 20 Notary Public, y/ County, 21 State of Michigan / My Commission Expires: -i 22 23 24 25 26 -45- PROOF OF SERVICE By MAIL -- CCP I013a, 2015.5 . I declare that: I am employed in the County of San Francisc -- . - California. I am over the age of eighteen (18) years of ace and not a party to the within entitled cause; my business address is One California Street, .Suite 3125, San Francisco, California 94111. On February 9> 1984 - - , I served the attached ; -:i Defendant Ford - Motor-Company's-Answers, to-Plaintiff's C ;v - First 'Set* of -Interrogatories ....................... . ; > on the parties m said cause, by placing a true copy thereof enclosed in a sealed evelope with postage thereon fully prepaid in the United States mail at San Francisco, California, addressed as follows: MADELYN J. CHABER, ESQ. BROWN, FINNEY C. WALTZ One Maritime Plaza : : Suite 1250 San Francisco, CA. 94111 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on Pohmanr o _ _iqb<i____________ , at San Francisco, California. L/ A. Peterson