Document Nez1NaBJbEEkM451NvpMxyZky

No. 91-06527 LEONARD HILLS; CHARLES McQUINNEYg JOHN SHARP; LARRY GIBSON; RAY GILBERT; LUTHER R0SE8R0UGH; and BOB STOUT, Plaintiffs, VS. S ARMSTRONG WORLD INDUSTRIES, INC. (successor to ARMSTRONG CORK COMPANY); OWENS-CORNING FIBERGLAS CORPORATION; GAP CORPORATION (successor to RUBEROID CORPORATION); KEENE CORPORATION (successor by merger to KEENE BUILDING.. PRODUCTS CORPORATION, BALDWIN-EHRET-HILL, INC., EHRET MAGNESIA MANUFACTURING COMPANY, BALDWIN-HILL, INC. and MUNDET CORPORATION); PITTSBURGH CORNING CORPORATION (successor to UNARCO INDUSTRIES INC.); U.S. GYPSUM COMPANY; OWENS-ILLINOIS, INC.(successor to OWENS-ILLINOIS GLASS COMPANY); NATIONAL GYPSUM COMPANY, FIBREBOARD CORPORATION, ROCK WOOL MANUFACTURING COMPANY, CROWN CORK & SEAL COMPANY, INC. (successor to MUNDET CORK COMPANY), UNITED STATES MINERAL PRODUCTS COMPANY, W. R. GRACE S & CO.-CONN, (successor to W.R. GRACE 6 COMPANY), M. H. DETRICK COMPANY, THE FLINTKOTE COMPANY, GEORGIA-PACIFIC CORPORATION, and KAISER GYPSUM COMPANY, INC., Defendants. IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS L-193RD JUDICIAL DISTRICT UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - PAGE 1 DEFQggMgJtlMrnBgi SgfflggliaiNERAI, PRODUCTS COMPANY1 S. RESPONSES AND OBJECTIONS TO PLAINTIFFS* MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS COMES NOW, United States Mineral Products Company ("U.S.M."), a Defendant in the above-styled cases, and answers Plaintiffs' Interrogatories and Request for Production as follows: Most of these Interrogatories and Requests for Production pertain to events that occurred many years ago. Therefore, in gathering the information to respond to these Interrogatories and Requests for Production, U.S.M. and its counsel have had to rely on many documents and the information contained therein. In addition, U.S.M. and its counsel have relied on the memories of officers and employees who have been with the company since, the 1950's and 1960's. U.S.M. and its counsel have also acquired information from discovery in other cases, this information may form the basis for a particular answer. Because the process of document review is ongoing, and because new and/or additional information about past events is sometimes required, U.S.M. reserves, its rights to supplement and/or to amend these answers in the event that more accurate information becomes available. Additionally, this Defendant only manufactured and sold asbestos-containing products from 1954 to 1972. Unless otherwise stated in a specific answer to UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROOATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - PAGE 2 an Interrogatory, the answers to these Interrogatories shall be limited to those products in that period of time. Respectfully submitted, LIVINGSTON & MARKLE Texas Bar No. 01301750 55 Waugh Drive, Suite 200 Houston, Texas 77007 (713) 861-9595 ATTORNEYS FOR DEFENDANT, U.S. MINERAL PRODUCTS COMPANY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been served upon all counsel of record pursuant to Rule 21a, T.R.C.P., on this the (*?& day of February, 1992. UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - PAGE 3 Interrogatory No. 1: As to each and every Plaintiff within this consolidated action, please state the following with respect to each expert witness you expect to call during trial of this case. Please designate with specificity the expert witnesses that you will call in each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group. (a) The name, address, and job classification of each such expert witness; (b) The subject matter on which the expert is expected to testify, specific as to each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group; (c) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, specific as to each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group; (d) Whether any person identified in subparagraph (a) above has provided a report or other documentation to you, and if so, identify each such document or report, specific as to each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group; (e) Identify all documents you have provided'to each person identified in response to subparagraph (a) above, specific as to each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group; (f) Describe in detail the education and work history of, and identify any books, treatises, articles, published and unpublished reports, studies or other scholarly works * authored by any individual identified in response to subparagraph (a) above. Alternately, in lieu of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answers. ANSWER NO. l: Objection to Interrogatory No. 1 (a)-(f). This question is vague, general, overbroad and not reasonably calculated to lead to relevant discoverable information, the identity, mental impression, opinions of non-testifying experts who have been informally consulted or retained in anticipation of litigation or to prepare for trial and anything he has UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OP INTERROGATORIES AND REQUEST FOR PRODUCTION OP DOCUMENTS - PAGE 4 reviewed and prepared is exempt from discovery under Rule 166(b) of the Texas Rules of Civil Procedure. Further, the opinions and conclusions held by the Defendant, its agents, servants or employees, is specifically their work product, and therefore, is not discoverable. Additionally, any results of these opinions are protected from disclosure as per the communication exception, attorney/client privilege. Subject to that objection, discovery in this action is not advanced to the point where a determination on the subject matter of this Interrogatory has been made. Further, this Defendant has not yet determined what expert witnesses it expects to call at the trial of this action. U.S. Mineral Products Company reserves the right to call any witnesses listed by the Plaintiffs or any Defendant (including Defendants that may be dismissed from this case before trial), and hereby incorporates by reference a list of expert witnesses designated by Plaintiffs and other Defendants. In addition, U.S. Mineral Products Company reserves the right to call the following,.as expert witnesses at the trial of this cause: 1. Mr. James P. Verhalen, U.S. Mineral Products Company, Furnace Street, Stanhope, New Jersey, 07874. Mr. Verhalen is a President of U.S. Mineral Products Company and may testify regarding the current and historical operations of the company. Additionally, Mr. Verhalen may testify regarding the various products manufactured by U.S. Mineral Products Company. Specifically, Mr. Verhalen may testify regarding the packaging, appearance, chemical makeup, application methods and other aspects of the various products manufactured by U.S. Mineral Products Company. 2. Ms. Paulette A. Kaminsky, U.S. Mineral Products Company, Furnace Street, Stanhope, New Jersey, 07874. Ms. Kaminsky is the Custodian of U.S. Mineral Products Company's records pertaining to asbestos-containing products. Specifically, Ms. Kaminsky will testify regarding U.S. Mineral's sales of asbestos-containing products, as reflected in the records and may _*' authenticate documents as being kept in the ordinary course of business by U.S. Minerals. U.S. Mineral Products company also reserves the right to call the following expert witnesses at trial: 1. Any individual identified, listed or designated as an expert by any other party. UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - PAGE 5 2. Any physician or other medical practitioner who has examined, treated or cared for Plaintiff or Plaintiff's decedent (including, but not limited to, those listed in the medical records available to the parties). 3. Any physician or other medical practitioner who has examined the Plaintiff or Plaintiff's decedents radiological or who has reviewed or analyzed x-rays or other radiological studies of Plaintiff and/or Plaintiff's decedent. 4. Any physician or other medical practitioner who has seen, reviewed, studied or examined any records, tissues or fluids of Plaintiff or Plaintiff's decedent. It is customary in this litigation for both Plaintiffs' and Defendants' counsel to arrange for independent medical examinations of the Plaintiff and/or review of medical records, x-rays, pathology as may be appropriate. There is an attempt made to schedule independent medical examinations concurrent with the Plaintiffs' deposition. K This Defendant reserves the right to call any physician or any other medical practioner who has been involved in the examination of the Plaintiff and/or in review of medical records, pathology and x-rays of the Plaintiffs or Plaintiffs' decedent. Interrogatory No. 2: Please state the name, present address and present telephone number, along with the experience and qualifications, if applicable, of each and every person, known to Defendant or to Defendant's agents, having knowledge of facts relevant to this case involving, but not limited to: (a) Identification of asbestos-containing products to which each and every individual Plaintiff, separate and distinct from all other Plaintiffs within the group, allegedly was exposed or facts ` disputing the identification of asbestos-containing products in this case; ANSWER NO, 2(a): U.S. Mineral Products objects to this Interrogatory in that the use of the phrase "knowledge of facts relevant to this case" is vague and ambiguous. Subject to and without waiving its objection, U.S. Mineral Products states as follows: 1. Mr. James P. Verhalen, U.S. Mineral Products Company, Furnace Street, Stanhope, New Jersey, 07874. UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - PAGE 6 Mr. Verhalen is a President of U.S. Mineral Products Company and may testify regarding the current and historical operations of the company. Additionally, Mr. Verhalen may testify regarding the various products manufactured by U.S. Mineral Products Company. Specifically, Mr. Verhalen may testify regarding the packaging, appearance, chemical makeup, application methods and other aspects of the various products manufactured by U.S. Mineral Products Company. 2. Ms. Paulette A. Kaminsky, U.S. Mineral Products Company, Furnace Street, Stanhope, New Jersey, 07874. Ms. Kaminsky is the Custodian of U.S. Mineral Products Company's records pertaining to asbestos-containing products. Specifically, Ms. Kaminsky will testify regarding U.S. Mineral's sales of asbestos-containing products, as reflected in the records and may authenticate documents as being kept in the ordinary course of business by U.S. Minerals. (b) Each and every individual Plaintiff's, separate and distinct from all other Plaintiffs within the group, alleged damages, injuries and/or facts disputing each and every Plaintiff's alleged damages and/or injuries; ANSWER NO. 2tb): U.S. Mineral Products is not aware of persons, other than those identified to date during discovery, with personal knowledge concerning the alleged damages or injuries of any Plaintiff, except the physicians and any' other medical caretakers of the Plaintiffs. As in further discovery, U.S. Mineral Products is not presently in the position to identify persons with knowledge to dispute alleged damages or injuries of any Plaintiff. (c) The negligence of any person or entity other than Defendant which Defendant contends was a cause of each and every individual Plaintiff's, separate and distinct from all other Plaintiffs within the group, alleged injuries and/or damages; ANSWER NO. 2(C): Absent further discovery of this action, U.S. Mineral Products Co. is not presently able to identify any persons, except the Plaintiffs and all co-workers identified by the Plaintiffs with knowledge concerning any negligence of any person or UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OP INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - PAGE 7 entity that caused or contributed to any alleged injuries or damages suffered by any Plaintiffs. U.S. Mineral Products Company denies that any products that may have been supplied by it caused or contributed to any injuries or damages suffered by any Plaintiffs. (d) Each of Defendant's defenses enumerated in Defendant's last filed Answer. ANSWER NO. 2(d): Counsel for U.S. Mineral Products Company are familiar with the basis for the defenses asserted by U.S. Mineral Products Company. Absent further discovery, U.S. Mineral Products Company is not presently able to designate those persons who would be in a position to provide a testimonial basis for those defenses to be pursued with respect to particular Plaintiffs. .. Interrogatory No. 3: Please identify each document or tangible things relevant to each of Defendant's enumerated defenses in Defendant's last filed Answer. ANSWER NO. 3: U.S. Mineral Products Company objects to this Interrogatory as overly broad, burdensome, vague, ambiguous, and, as phrased, encompassing privileged work product and attorney/client materials. Absent a specification of the specific type of documents sought, other than "relevant'* documents, and the particular defenses inquired of, U.S. Mineral Products Company is not capable of responding to this Interrogatory in a manner so as to provide information that is reasonably calculated to lead to the discovery of admissible evidence with respect to a particular Plaintiff or Plaintiffs. Furthermore, as phrased, the Interrogatory literally seeks various privileged materials pertinent to the legal basis for various defenses asserted. Subject to and without waiving tbu foregoing, U.S. Mineral Products Company states: All medical or health related, employment, income and expense records concerning Plaintiffs and all documents produced or acquired through the discovery process. Defendant will produce responsive documents, if they exist, at a time mutually convenient to the parties at U.S. Mineral Products Company's home office. UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - PAGE 8 REQUEST FOR PRODUCTION Request No. 1; Please provide a copy of all documents and reports identified or relevant to your Answer to Interrogatory No. 1(d). RESPONSE NO. 1: Not applicable. See Answer to Interrogatory No. 1(d). Request No. 2: Please provide a copy of all documents and reports identified or relevant to your Answer to Interrogatory No. 1(e). RESPONSE NO. 2: Not applicable. See Answer to Interrogatory No. 1(e). Request No. 3: Please provide a copy of all documents and reports identified or relevant to your Answer to Interrogatory No. 3. RESPONSE NO. 3: Not applicable. See Answer to Interrogatory No. 3. UNITED STATES MINERAL PRODUCTS COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OP DOCUMENTS - PAGE 9