Document Newp090Oaz3EEKaGxna46E3xb

INTERROGATORY NO. 23: Have any written or printed materials or instructions of any kind or character been prepared by Defendant or any of its subsidiary or predecessor companies or their agents indicating how asbestos products should be usedand maintained? If so, state: (a) The name, address, and job title of each person who prepared such materials or instructions or assisted in their preparation. (b) The name, address, and job title of each person who currently has possession of such materials or instructions and their present location. (c) The dates of distribution or use and the manner in which such materials or instructions were distributed to purchasers of Defendant's products or those of its subsidiaries or predecessors. (d) The year each such written material or instruction was prepared and disclosed to potential consumers. ANSWER: See Union Carbide's responses to Interrogatories 6, 7, 14, 22 and 50, including all of the objections set forth therein. INTERROGATORY NO. 24: Does Defendant have insurance policies that might cover the claims made by Plaintiffs in these cases? If so, list the name of each insurance carrier, the amount of initial coverage, amount of coverage remaining at the present time, and the effective dates of each policy. (If properly answered, this Interrogatory need not be supplemented as to the remaining amount of coverage). ANSWER: See General Objection No. 4. Union Carbide objects to this interrogatory as vague and ambiguous. Subject to these objections, and without making any admission with respect to the plaintiff's claims, Union Carbide also responds as follows: Union Carbide possesses sufficient insurance coverage to enable it to cover the plaintiff's claims. INTERROGATORY NO. 25: As to the disease asbestosis, state: DEFENDANT'S SUPPLEMENTAT. RESPONSES TO PLAINTIFFS' MASTER INTERROGATORIES F:\KELLY\DISC\UCCROG.SUP PAGE -35- UC_ROG~1 (a) The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. (b) How Defendant became aware of the existence of the disease. (c) Who within the company first discovered, recognized or understood the adverse consequences or effects of the disease and/or asbestos exposure. (d) What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (e) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. (f) Who is the custodian of such information. (g) The date on which you first received knowledge or information that asbestosis was caused by inhalation of asbestos fibers. ANSWER: See General Objections No. 4 and 5. Union Carbide also objects on the grounds that it is overly broad, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. Union Carbide also objects to this interrogatory to the extent that it calls on Union Carbide to render an expert medical response. Subject to its objections, Union Carbide responds as follows: Union Carbide recognizes that the excessive inhalation of asbestos fiber may be associated with the development of serious and potentially fatal disease. Union Carbide also understands that the onset and development of such disease in a person may be related to and affected by, among other factors, the particular type of fiber that is inhaled, cigarette smoking, and environmental conditions, in addition to the person's medical history and condition. Union Carbide's knowledge concerning potential health hazards possibly associated with excessive asbestos fiber inhalation developed gradually. Sources of information as to possible health concerns of which Union Carbide is presently aware included general and scientific literature on the topic and reports or memoranda by Union Carbide employees. Upon the plaintiff's request, copies of such reports and memoranda, which Union Carbide has located, will be made available at a suitable time and place for review and duplication by the plaintiff. See also Union Carbide's response to Interrogatories 7, 14 and 50. DEFENDANT'S STTPPT.KMKNTAT. RESPONSES TO PLAINTIFFS* MASTER INTERROGATORIES F:\KELLY\DISC\UCCROG.SUP PAGE -36- UC_ROG~1 INTERROGATORY NO. 26: As to the disease lung cancer, state: (a) The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. (b) How Defendant or its subsidiary or predecessor became aware of the disease and its relationship to asbestos exposure. (c) Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. (d) What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (e) Whether any such information is still maintained by Defendants or its subsidiary or predecessor in a written form. (f) Who is the custodian of such information. (g) The date on which you first received knowledge or information that lung cancer was caused by inhalation of asbestos dust and fibers. ANSWER; See General Objections No. 4 and 5. Union Carbide also objects on the grounds that it is overly broad, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. Union Carbide also objects to this interrogatory to the extent that it calls on Union Carbide to render an expert medical response. Subject to its objections, Union Carbide responds as follows: Union Carbide recognizes that the excessive inhalation of asbestos fiber may be associated with the development of serious and potentially fatal disease. Union Carbide also understands that the onset and development of such disease in a person may be related to and affected by, among other factors, the particular type of fiber that is inhaled, cigarette smoking, and environmental conditions, in addition to the person's medical history and condition. Union Carbide's knowledge concerning potential health hazards possibly associated with excessive asbestos fiber inhalation developed gradually. Sources of information as to possible health concerns of which Union Carbide is presently aware included general and scientific literature on the topic and reports or memoranda by Union Carbide employees. DEFENDANT'S STIPPEEMENTAL RESPONSES TO PLAINTIFFS* MASTER INTERROGATORIES F:\KELLY\DISC\UCCROG.SUP PAGE -37- UC_ROG~1 Upon the plaintiffs request, copies of such reports and memoranda, which Union Carbide has located, will be made available at a suitable time and place for review and duplication by the plaintiff. See also Union Carbide's response to Interrogatories 7, 14 and 50. INTERROGATORY NO. 27; As to pleural disease, pleural thickening or pleural plaques, state: (a) The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. (b) How Defendant or its subsidiary or predecessor became aware of the disease and that it was caused by exposure to asbestos. (c) Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects asbestos exposure. (d) What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (e) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written form. (f) Who is the custodian of such information. ANSWER; See General Objections No. 4 and 5. Union Carbide also objects on the grounds that it is overly broad, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. Union Carbide also objects to this interrogatory to the extent that it calls on Union Carbide to render an expert medical response. Subject to its objections, Union Carbide responds as follows: Union Carbide recognizes that the excessive inhalation of asbestos fiber may be associated with the development of serious and potentially fatal disease. Union Carbide also understands that the onset and development of such disease in a person may be related to and affected by, among other factors, the particular type of fiber that is inhaled, cigarette smoking, and environmental conditions, in addition to the person's medical history and condition. DEFENDANT'S SIIPPLEMENTAL RESPONSES, TO PLAINTIFFS* MASTER INTERROGATORIES F:\KELLY\DISC\UCCROG.SUP PAGE -38 UC_ROG~1 Union Carbide's knowledge concerning potential health hazards possibly associated with excessive asbestos fiber inhalation developed gradually. Sources of information as to possible health concerns of which Union Carbide is presently aware included general and scientific literature on the topic and reports or memoranda by Union Carbide employees. Upon the plaintiffs request, copies of such reports and memoranda, which Union Carbide has located, will be made available at a suitable time and place for review and duplication by the plaintiff. See also Union Carbide's response to Interrogatories 7, 14 and 50. INTERROGATORY NO. 28: As to the disease mesothelioma, state: (a) The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. (b) The date on which Defendant first suspected that mesothelioma was caused by inhalation of asbestos dust and fibers. (c) How Defendant or its subsidiary or predecessor became aware of the disease and that it was caused by exposure to asbestos. (d) Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. (e) What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (f) Whether any such information is still maintained by Defendants or its subsidiary or predecessor in a written form. (g) Who is the custodian of such information. (h) Whether Defendant agrees that there is no known medical cure for mesothelioma. ANSWER: See General Objections No. 4 and 5. Union Carbide also objects on the grounds that it is overly broad, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. Union Carbide also objects to this interrogatory to the extent that it DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS* MASTER INTERROGATORIES F:\KELLY\DISC\UCCROG.SUP PAGE -39- UC_ROG~1 calls on Union Carbide to render an expert medical response. Subject to its objections, Union Carbide responds as follows: Union Carbide recognizes that the excessive inhalation of asbestos fiber may be associated with the development of serious and potentially fatal disease. Union Carbide also understands that the onset and development of such disease in a person may be related to and affected by, among other factors, the particular type of fiber that is inhaled, cigarette smoking, and environmental conditions, in addition to the person's medical history and condition. Union Carbide's knowledge concerning potential health hazards possibly associated with excessive asbestos fiber inhalation developed gradually. Sources of information as to possible health concerns of which Union Carbide is presently aware included general and scientific literature on the topic and reports or memoranda by Union Carbide employees. Upon the plaintiff's request, copies of such reports and memoranda, which Union Carbide has located, will be made available at a suitable time and place for review and duplication by the plaintiff. See also Union Carbide's response to Interrogatories 7, 14 and 50. INTERROGATORY NO. 29: As to gastro-intestinal cancer, laryngeal cancer, pharyngeal caner or lymphatic cancer, state: (a) The type of cancer and the date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. (b) What cancers has the Defendant or its subsidiary or predecessor became aware can be caused by exposure to asbestos fibers? (c) The date on which Defendant first suspected other cancers were caused by asbestos inhalation. (d) Who within the company or its subsidiary or predecessor first discovered the adverse consequences or effects asbestos exposure. (e) What information was disseminated with Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (f) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written form. DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS' MASTER INTERROGATORIES F:\KELLY\DISC\UCCROG.SUP PAGE -40- UC_ROG~1 (g) Who is the custodian of such information. ANSWER: See General Objections No. 4 and 5. Union Carbide also objects on the grounds that it is overly broad, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. Union Carbide also objects to this interrogatory to the extent that it calls on Union Carbide to render an expert medical response. Subject to its objections, Union Carbide responds as follows: Union Carbide recognizes that the excessive inhalation of asbestos fiber may be associated with the development of serious and potentially fatal disease. Union Carbide also understands that the onset and development of such disease in a person may be related to and affected by, among other factors, the particular type of fiber that is inhaled, cigarette smoking, and environmental conditions, in addition to the person's medical history and condition. Union Carbide's knowledge concerning potential health hazards possibly associated with excessive asbestos fiber inhalation developed gradually. Sources of information as to possible health concerns of which Union Carbide is presently aware included general and scientific literature on the topic and reports or memoranda by Union Carbide employees. Upon the plaintiffs request, copies of such reports and memoranda, which Union Carbide has located, will be made available at a suitable time and place for review and duplication by the plaintiff. See also Union Carbide's response to Interrogatories 7, 14 and 50. INTERROGATORY NO. 30; Does Defendant contend that asbestos products can be manufactured or designed so as to eliminate all potential health hazards to persons working with or exposed to them? If the answer is affirmative, explain in detail, and attach any studies or surveys on which this answer is based. ANSWER: See General Objection No. 4. Union Carbide also objects to this Interrogatory on the grounds that it is overly broad and unduly burdensome, especially insofar as it calls for Union Carbide to respond with respect to products it did not manufacture or sell. Subject to its objections, Union Carbide responds as follows: See Union Carbide's response to Interrogatory 3. Calidria was not an "asbestos product", but rather consisted of raw chrysotile asbestos with a unique short fiber physical DEFENDANT'S STTPPT.KMENTAL RESPONSES TO PLAINTIFFS' MASTER INTERROGATORIES F:\KELLY\DISC\UCCROG.SUP PAGE -41- UC_ROG~1