Document NyeED8504OGMM90zrNwz0w9b

K8895 MXYrslm & -/-S q3 IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS t^ IN RE: ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, LLC, Plaintiffs, vs. A.W. CHESTERTON, et ah. Defendants. )_ ) DANA CORPORATION'S RESPONSES ) TO PLAINTIFFS' STANDARD ) INTERROGATORIES REGARDING ) SPICER AXLE PRODUCT DIVISIONS ) PURSUANT TO ORDER DATED ) OCTOBER 20.2003 ) ) ) PRELIMINARY STATEMENT Pursuant to the consent order dated October 20, 2003, Dana Corporation ("Defendant") hereby submits these Responses To Plaintiffs' Standard Interrogatories with respect to the Spicer Axle Product Divisions. This preliminary statement applies to and is incorporated into each i response. In addition, in order to avoid confusion. Defendant has incorporated below the changes to the interrogatories ordered by the Court on April 14, 2000, and provides responses to the interrogatories as so modified. Defendant responds to these interrogatories after reasonable investigation with the best available information presently known to it about the Spicer axle product line. In some cases, Defendant is not aware ofany individuals with personal knowledge ofrelevant information covering early years ofaxle manufacturing. Moreover, the documents available to Defendant do not provide all of the information sought. Accordingly, Defendant will respond only to the extent that there is ROYSTER ELKER~ LILEN information currently available and reviewed that it believes is sufficient to respond, in whole or in part, to the interrogatory. Unless otherwise requested in the interrogatoiy, these responses are Salte 100 ;TwaIa Plaza H tf vqdalla Street /7 , 125-0467 -/W0 14)656-4646 limited to U.S.A. manufacturing and sales. To the extent Defendant manufactured or sold products that were not part of the Spicer Axle historical product lines, those products will be addressed separately as otherwise required by the October 20,2003 order. SCF-ALLF-10936 -21 - (d) Identify each and every officer, employee and/or agent of said company who, at any time, was in charge of each mining operation; and, (e) Identify each and every entity, ifany, to which said company sold the asbestos which . was mined. RESPONSE: No. INTERROGATORY NO. 24: Has this Defendant, any predecessor or any related company ever purchased and resold raw asbestos? If so, with respect to each such purchase and resale: (a) State the date(s) of the transaction; (b) Identify any and all parties from which the raw asbestos was purchased; and, (c) Identify any and all parties to which the raw asbestos was sold. RESPONSE: 'i No. INTERROGATORY NO. 25: Identify each and every source from which Defendant, any predecessor or related company, obtained raw asbestos and/or asbestos-containing material used by Defendant, any predecessor or related company, to manufacture or process any product listed in response to Interrogatory No. 19. RESPONSE: Many records showing suppliers of components made with asbestos used by the Axle Product Divisions in the manufacture of axles no longer exist Subject to the foregoing, at eylRoyster VOELKER SULLEN Suite 100 > Twain Plaza II . udaGi Street fix 467 w& ,iL 62025^1467 Fx ^18) 656-7940 (618)656-4646 various times, Off-Highway Products and Heavy Axle Products purchased different asbestoscontaining brake assemblies from a variety of sources, including Deustche Perrot, Bendix, Rockwell, Eaton, Knott Drum, Delco, Kelsey Hayes, Wagner, Pinion Disc, and Brake Parts Inc. Different or additional suppliers may be revealed after further investigation, which continues. It is not always possible to distinguish between brake assemblies made with asbestos-containing linings and those with asbestos-free linings. -22With respect to Light Axle Products, Defendant purchased brakes and/or brake- containing wheel-end assemblies, some of which may have contained asbestos, from a variety of sources, including Bendix, Bosch, Budd Corporation, GMC, Kelsey-Hayes, Chrysler, and Ford. Different or additional suppliers may be revealed after further investigation, which continues. It is not always possible to distinguish between brake assemblies made with asbestos-containing linings and those with asbestos-free linings. Defendant purchased gaskets made with asbestos used on light axles from a variety of sources, including F.D. Farnam, Wisconsin Gasket, and Defendant's Victor Products Division. Different or additional suppliers may be revealed after further investigation, which continues. With respect to Trailer Axle Products, Defendant purchased brake linings made with asbestos from various suppliers, which it used to assemble trailer axle brakes. The suppliers of such brake linings made with asbestos may have included Abex, Carlisle, H.K. Porter, Beral, Nuturn, and Raybestos-Mahhattan. Different or additional suppliers may be revealed after further investigation, which continues. It is not always possible to distinguish between brake assemblies made with asbestos-containing linings and those with asbestos-free linings. INTERROGATORY NO. 26: Is Defendant or any related company, as of the date of answering these interrogatories, still manufacturing, specifying, selling, distributing, applying or installing any asbestos-containing product? Ifso, give the brand/trade names ofsuch products, type and percentage ofasbestos in such product, and the date on which Defendantor anyrelated company first manufactured, specified, sold, [EYLROYSTER YOELKER &ALLEN Suite 100 `Twain Plaza I! I* tandafia Street ' 0*467 dwt /IL 620254467 Fa* (618) 656-7940 (618)656-4646 distributed, applied or installed said products. RESPONSE: No. INTERROGATQRY NO. 63: -44- Did Defendant, any related company, or any predecessor at any time, give to persons, who would be applying and/or removing any of the products listed in response to Interrogatory Nos. 19 and 42, any instructions or guidelines concerning precautions, warnings, procedures, and/or methods to use, in order to safely apply or remove such products? If so, describe such instructions, state to whom they were given, state the dates they were given, and describe the manner in which they were given. RESPONSE: With respect to asbestos, in accordance with federal regulations first implemented in the 1970s and as current today, axles dressed with brake assemblies made with brake linings made with asbestos and/or that had as a component asbestos-containing cover gaskets did not require a warning. See, e.g., 29 C.F.R. 1910.1200. Among other things, with respect to brake assemblies with brake linings made with asbestos: 1) The fibers were encapsulated in the product; 2) The exposure to the linings in the brake assemblies, if any, would have been of such short duration that there would be no opportunity for a meaningful exposure; 3) The type of asbestos generally used in brake linings does not create a significant risk of harm at levels of exposure associated with such facings; 4) The exposure to the brake lining would not have occurred on a frequent basis; 5) Historical medical and scientific evidence did not support a risk of harm from exposure to asbestos in brake linings. Likewise, with respect to gaskets made with asbestos: 1) The fibers were locked into the product with elastomeric or other [eylRoyster VOELKER &ALLEN Smite 100 iTwftio PUzft-ll. It xadilia Street ox 467 4*. VIE 62025-0467 Fax (618) *56-7940 <618)656-4646 binders; 2) The exposure to the gaskets, if any, would have been of such short duration that there would be no opportunity for a meaningful exposure; 3) The type of asbestos generally used in gaskets does not create a significant risk of harm at levels of exposure associated with gaskets; 4) The exposure to gaskets would not have occurred on a frequent basis; 5) Historical medical and scientific evidence did not support a risk of harm from gaskets. Accordingly, axles and the components of axles that contained asbestos, if any, were not of a nature or type -45 - that, when used in an ordinary and foreseeable manner, would have presented a significant potential for exposure. See also response to Interrogatory 43. Notwithstanding the evidence that the axle products did not need a warning relating to asbestos, in response to customer inquiry and/or a growing awareness of the hazards of friable asbestos, as of approximately January 1985, axle assemblies manufactured by Off- Highway Products and Trailer Axle Products that were dressed with brakes made with asbestos may have been accompanied by tags that measured 5" by 7", printed with black text on a yellow background, and bearing, in pertinent part, the following text: "CAUTION ASBESTOS BRAKE LININGS CONTAIN ASBESTOS FIBERS. BREATHING ASBESTOS DUST MAY BE HAZARDOUS TO YOUR HEALTH AND MAY CAUSE SERIOUS RESPIRATORY OR OTHER BODILY HARM. AVOID CREATING DUST. DO NOT REMOVE BRAKE DRUM WITHOUT PROPER PROTECTIVE EQUIPMENT. DO NOT WORK ON BRAKE LININGS WITHOUT PROPER PROTECTIVE EQUIPMENT. DO NOT REPLACE BRAKE LININGS WITHOUT PROPER PROTECTIVE EQUIPMENT. DO NOT ATTEMPT TO SAND, GRIND, CHISEL, FILE, HAMMER OR ALTER BRAKE LININGS IN ANY MANNER WITHOUT PROPER PROTECTIVE EQUIPMENT. FOLLOW O.S.H.A. STANDARDS FOR PROPER PROTECTIVE DEVICES TO BE USED WHEN WORKING WITH ASBESTOS MATERIALS." EYLROYSTER VOEUKER " &ALLEN In addition, with respect to Off-Highway Products, Defendant made available instruction manuals and other information for each off-highway axle. These materials may } Suite 100 "'Twain PlazaII I* ,\mdatia Street io*467 4w*. IL 62025-0447 Fax (618) 656-7940 <618)656-4646 have contained the following or similar language: -46- "WARNING Some vehicle manufacturers may require assembly ofbrake components on Dana axles that utilize materials containing asbestos fibers. BREATHING ASBESTOS DUST MAY BE HAZARDOUS TO YOUR HEALTH AND MAY CAUSE SERIOUS RESPIRATORY OR OTHER BODILY HARM. Follow O.S.H.A. standards for proper protective devices to be used when working with asbestos materials." With respect to Heavy Axle Products, by at least the mid-1980s, the following language was included in heavy axle maintenance manuals, which manuals were distributed to customers of such axles: "CAUTION ASBESTOS BRAKE LININGS CONTAIN ASBESTOS FIBERS I BREATHING ASBESTOS DUST MAY BE HAZARDOUS TO YOUR HEALTH AND MAY CAUSE SERIOUS RESPIRATORY OR OTHER BODILY HARM AVOID CREATING DUST DO NOT REMOVE BRAKE DRUM WITHOUT PROPER PROTECTIVE EQUIPMENT DO NOT WORK ON BRAKE LININGS WITHOUT PROPER PROTECTIVE EQUIPMENT DO NOT REPLACE BRAKE LININGS WITHOUT PROPER PROTECTIVE EQUIPMENT EYLROYSTER VOELKER &AIXEN Satie 100 A Twite PUz* II lor ''udilii Street - ! K 467 dn. #IL 62025-0467 Fix (018) 656-7940 (618)454-4646 DO NOT ATTEMPT TO SAND, GRIND, CHISEL, FILE, HAMMER OR ALTER BRAKE LININGS IN ANY MANNER WITHOUT PROPER PROTECTIVE EQUIPMENT FOLLOW O.S.H.A. STANDARDS FOR PROPER PROTECTIVE DEVICES TO BE USED WHEN WORKING WITH ASBESTOS MATERIALS." -47Defendant's investigation with respect to axles sold by Heavy Axle Products continues. The investigation to date has revealed that any brakes made with asbestos that Defendant installed onto heavy axles came with a warning from the brake manufacturer, which warning stated that the brake contained asbestos With respect to Trailer Axle Products, by at least the mid-1980s, the following language was included in Defendant's installation and field maintenance manual for trailer axles, brakes and components, which manual was distributed to customers of such products: "DANGER! ASBESTOS BRAKE LININGS CONTAIN ASBESTOS FIBERS BREATHING ASBESTOS DUST MAY BE HAZARDOUS TO YOUR HEALTH AND MAY CAUSE SERIOUS RESPIRATORY OR OTHER BODILY HARM AVOID CREATING DUST DO NOT REMOVE BRAKE DRUM WITHOUT PROPER PROTECTIVE EQUIPMENT DO NOT WORK ON BRAKE LININGS WITHOUT PROPER PROTECTIVE EQUIPMENT DO NOT REPLACE BRAKE LININGS WITHOUT PROPER PROTECTIVE EQUIPMENT DO NOT ATTEMPT TO SAND, GRIND, CHISEL, FILE, HAMMER OR ALTER BRAKE LININGS IN ANY MANNER WITHOUT PROPER PROTECTIVE EQUIPMENT FOLLOW O.S.H.A. STANDARDS FOR PROPER PROTECTIVE DEVICES TO BE USED WHEN WORKING WITH ASBESTOS MATERIALS." Defendant's investigation with respect to axles sold by Light Axle Products continues. [eylRoyster "VOELKERTM &ALLEN I Suite 100 A Twain Ptaxa II lw "'audit!* Street Iox467 tfw * IL 62025-0467 Fix (618) 656-7940 <618)656-4646 Material Safety Data Sheets and other information relating to certain axle products were also available from Defendant upon request See response to Interrogatory 93. Additional information regarding warnings, to the extent known to Defendant, may be ascertained from the Axle Product Divisions warning files, which files will be made available for inspection and copying at a mutually convenient time and location, except for those -48protected from discovery by the attorney-client privilege or the work product rule, a listing of which will be provided at the time of inspection. INTERROGATORY NO. 64: Did Defendant, any predecessor or any related company, at any time, place any warning signs or labels on the containers in which any of the products listed in response to Interrogatory Nos. 19 and 42 were packaged? RESPONSE: See responses to Interrogatories 43 and 63. INTERROGATORY NO. 65: Ifyour answer to Interrogatory No. 64 is "Yes," identify each and every product upon which such a warning was placed, and with respect to each such product identified: (a) State the date on which any order directing that a warning be placed on said product first issued; (b) Identify any and all persons participating in the decision to issue that order; (c) State the first date on which such warning was actually placed on said product; (d) State the first date on which such product accompanied by such warning was first sold, distributed or installed; (e) State the exact wording of this first warning; (f) State the exact location and size ofthis first warning as it appeared on said product; (g) Identify any and all persons who participated in any phase of the drafting or design of said first warning, including, but not limited to, those who performed the actual drafting and design work, those who reviewed the work, those who edited the work and those who approved the warning; [EYLROYSTER VOELKER &ALLEN ; Saile 100 . '* Twala PUza II 10' ' i v\qdxa4BGa1Street dw... . ^ IL 62025-0467 Pu (618) 656-7940 (618)656-4646 (h) State why you placed such warning on said product, including, but not limited to, whether you placed such warning on said product because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute; and (i) Identify any and all documents referring to, relating to or reflecting, said warning, its drafting, and/or the decision to place the warning on said product, including, but not limited to, any communication as described in subpart (h) of this Interrogatory. PROOF OF SERVICE ') The undersigned certifies that a copy of the foregoing has beep served upon the attorneys of record to the above cause via hand delivery on lS"^V2003. Copies Hand Delivered To: John Simmons Marcus E. Raichle, Jr. The Simmons Firm, L.L.C. 707 Berkshire Avenue East Alton, IL 62024 Attorneys for Plaintiffs By; _______________ HEYLV ROYSTER) yOjiLKER & ALLEN tEYLROYSTER YOELKER &ALLEN 1dw0; 3aF.rad(x6Ps1(v.^O68lul1{V)l.ew8lB6ta,)ea5noI6i6Ln1dx5-0a466P40l62-6lla7a4079z62S4a5t0r4He)4e6t 7 PortA 1 K8895 MXY :slm I I . IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS IN RE ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, LLC., Plaintiffs, v. . A.W. CHESTERTON, INC., et al,, Defendants. ) ) ) ) ) ) ) ) ) ) MEMORANDUM TO CLERK NOW COMES the Defendant, DANA CORPORATION, by its attorneys, HEYL, ROYSTER, VOELKER & ALLEN, and notifies the court and all counsel of record that it has provided Defendant Dana Corporation's Initial Responses To Plaintiffs' Standard Request For Production of Documents Regarding Spicer Axle Product Divisions and Defendant Dana Corporation's Initial Responses To Plaintiffs' Standard Interrogatories Regarding Spicer Axle Product Divisions, to plaintiffs attorneys. The Simmons Firm, LLC, this jS^of December, 2003. Pursuant to local rules, the original has been retained in our file. A copy of said discovery has been placed with the Central Records Depository, 203 W. High Street, Edwardsville, Illinois 62025. cc: counsel of record heylroyster VOELKER " &ALLEN i >lte 100 Twain Plaza n 103 ..-it Vandalla Street P.O.Box 467 idwardsville. 0- 620254)467 Fax <618) 656-7940 (618) 656-4646 By : JU Q&ASL- HEYL,ROX VOELKER & ALLEN Kent L. Plotner, 190470 Maura Yusof, #06278767 Attorneys for Defendant, DANA CORPORATION PROOF OF SERVICE The undersigned certifies that a copy ofthe foregoing has bean served upon the attorneys of record to the above cause via hand delivery on \SHT2003. Copies Hand Delivered To: John Simmons Marcus E. Raichle, Jr. The Simmons Firm, L.L.C. 707 Berkshire Avenue East Alton, IL 62024 Attorneys for Plaintiffs William F. Mahoney Cameron D. Turner Karen M. Rheingans Segal, McCambridge, Singer & Mahoney, Ltd. One IBM Plaza - Ste. 200 Chicago, IL 60611 Attorneys for Albany International, Anchor Packing, Chicago Fire Brick, Coltec Industries, DAP, Dravo Construction, Foster Wheeler, Garlock, Inc., Pittsburgh Metals Purifying, Viking Pump, Inc. Larry Finn Segal, McCambridge, Singer & Mahoney, Ltd. One IBM Plaza, Suite 200 Chicago, IL 60611 Attorneys for A.P. Green Industries, Inc., Harbison-Walker HEYLR0YSTER V0ELKER " &ALLEN ! . lllitO 100 /Twain Plaza II 103 west Vandalia Street P.O. Box 467 HdwardsvUle, (L 620254)467 Fax (618) 656-7940 (616) 656-4646 Edward J. McCambridge Cameron D. Turner Segal, McCambridge, Singer & Mahoney, Ltd. One IBM Plaza, Suite 300 330 North Wabash Avenue Chicago, IL 60611 Attorneys for Great Lakes Carbon Corp., Treesdale, Inc. R& ALLEN Wilson, Elser Moskowitz, Edelman & Dicker, LLP 120 North LaSalle St., Ste. 2600 Chicago, IL 60602 Attorneys for Amerada Hess Corporation Dennis Graber Hinshaw & Culbertson 521 West Main St., Suite 300 Belleville, IL 62222-0509 Attorneys for Asten Group, Goulds Pumps, Incorporated, Rapid American AND Stacey Seneczko Hinshaw & Culbertson 1100 North West Street Waukegan, EL 60085 Attorneys for Asten Group Thomas Kemell Roberts, Perryman, Bomkamp & Meives, P.C. One U.S. Bank Plaza, Suite 2300 St. Louis, MO 63101 Attorneys for Boise Cascade Corp., General Refractories, Helmkamp Construction Company, Sprinkmann Insulation of Wisconsin, Sprinkmann Sons Corp., Young Insulation Group of St Louis, Inc., Young Group LTD., f/k/a Young Sales Corp., Gusmer Enterprises, Inc. Loretto Kennedy Kathleen Cunningham Holland & Knight, LLC 131 S. Dearborn Street, 30th Floor Chicago, EL 60603 Attorneys for Lucent Technologies Michael J. Kanute Matthew D. Sobolewski Holland & Knight, LLC 131 S. Dearborn Street, 30th Floor Chicago, IL 60603 Attorneys for Bridgestone/Firestone North American Tire, LLC, Champion International Corporation, Hammermill Paper, International Paper Company AND Robert J. Brummond Foley & Mansfield Suite 400 1001 Highlands Plaza Drive West St. Louis, MO 63110 Attorneys for Champion International, International Paper Company, A.P. Green Services, Inc., f/k/a Bigelow-Liptak Corporation, Brauer Supply, KellyMoore Paint Co., Marley Cooling Tower Co., Sprinkmann Sons Corporation of Illinois AND Cathy A. Molchin Cathy Molchin, P.C. 4909 Sir Lionel Court Mapleton, IL 61547 Attorneys for Sprinkmann Sons Corporation of Illinois A. J. Bronsky Agota Peterfy Brown & James 1010 Market Street, 20th Floor St. Louis, MO 63101 Attorneys for Domco Products, General Gasket, Missouri Drywall Supply, Inc.; Hi-Temp Refractories JEYLR0YSTER V0ELKER &ALLEN 'ulto 100 Twain Plaza D 103 .<Vandalia Street P.O. Box 467 idwardsvllle, It. 620254)467 Fax (618) 656-7940 (618)656-4646 Kurtis B. Reeg Leritz, Plunkert & Bruning, P.C. One City Centre, Suite 2001 St. Louis, MO 63101 Attorneys for North American Refractories, Bowater, Inc., and Bowater America, Inc., Corrigan Company, Continental Tire, Continental Teves, PACCAR, Inc. Law Offices of William Koziol 1 Kemper Drive Long Grove, IL 60049-0001 Attorneys for John Crane Charles L. Joley Donovan, Rose, & Nester 8 East Washington Street Belleville, IL 62220-2190 Attorneys for Metropolitan Life Ins. Co. Ronald Hack Gallop, Johnson & Neuman 101 South Hanley Road, Suite 1600 St. Louis, MO 63105 Asarco, Inc. a/k/a Ameron Smelting & Refining Co., General Electric Dan Donahue Herzog, Crebs & McGhee, LLP 515 North 6th St., 24th Floor St. Louis, MO 63101 Attorneys for VIACOM, Inc. f/k/a CBS Westinghouse, Mallinckrodt, Inc., Seegot, Corporation, The Stovey Company, Triangle Enterprises, Inc., Wise El Santo, Borg-Warner, Inc. Joseph J. O'Hara, Jr. Ed Casmere Matthew Ryan Schiff, Hardin & Waite 233 South Wacker Drive, Ste. 6600 Chicago, IL 60606-6473 Attorneys for Rolls-Royce, Superior Industries, Uniroyal Nicole Behnen Polsinelli Shalton & Welte 100 South Fourth Street, Ste. 1110 St. Louis, MO 63102 Attorneys for Honeywell International, Inc., Allied Signal as successor-in-interest to Bendix Thomas Orris Williams Venker & Sanders Equitable Building, Suite 1600 10 South Broadway St. Louis, MO 63102 Attorneys for Anheuser-Busch, Inc., Brand Insulation, Good Year Tire and Rubber Company, Kraft Foods, Inc., Shell Oil Company Susan Gunty Paul Van Lysebettens Gunty & McCarthy 150 South Wacker Drive, Ste. 1025 Chicago, IL 60606 Attorneys for Aurora Pump, Cooper Industries, Inc., Corhart, Crane Company, Fluor Constructors International, Inc. f/k/a Fluor Constructors, Inc., Kentile Floors, George P. Reintjes, Co., Inc., Halliburton Technical Services, Inc., Sidener Supply Co. Michael D. Freeborn Richard T. Sikes, Jr. Michael T. Franz Ward G. Brown Freeborn & Peters 311 South Wacker Drive, Suite 300 Chicago, IL 60606-6677 Ferro Engineering* Individually and as a Division of Oglebay Norton Company Curtis R. Picou Gundlach, Lee, Eggmann, Boyle & Roessler 5000 West Main P. O. Box 23560 Belleville, IL 62223-0560 AND Mr. James Niquet Ms. Agatha Kresa Crivello, Carlson & Mentkowski 710 N. Plankinton Avenue Milwaukee, WI53203 Attorneys for A. O. Smith Allen Boston Paul Schulte Lewis, Rice & Fingersh 500 North Broadway, Suite 2000 St. Louis, MO 63102-2127 Attorneys for Consolidated Aluminum Corporation f/k/a Conalco, Inc. Allen Boston Douglas Nieder Lewis, Rice & Fingersh 500 North Broadway, Suite 2000 St. Louis, MO 63102-2127 Attorneys for Nooter Corporation James R. Carter Carter Law Offices 416 Main Street, Ste. 529 Peoria, IL 61602 Attorneys for The Sager Corporation Robert H. Riley Schiff Hardin & Waite 233 South Wacker Drive Chicago, IL 60606 Attorneys for Owens-Illinois BEYLROYSTER V0ELKER &ALLEN ( \Utt9 100 ' Twain Plaza II 103'..ist Vandalla Street P.O. Box 467 idwardsvllle, B. 620254)467 Fax (616) 656-7940 (618) 656-4646 Matt Fischer Schiff, Hardin & Waite 233 South Wacker Drive, Ste. 6600 Chicago, IL 60606-6473 Attorneys for John-Deere Richard R. Malone Malone, Ault & Farell 7654 West Bancroft Street Toledo, OH 43617-1604 Attorneys for Grimes Aerospace d/b/a Surface Combustion Ti__ ri Heylroyster VOELKER &ALLEN Jeffrey Hebrank Burroughs, Hepler, Broom, MacDonald, Hebrank & True 103 West Vandalia St., Suite 300 Edwardsville, IL 62025 Attorneys for Amerenue, Bondex, Brake Parks, Inc., Central Illinois Public Service Company, Carboline Company, Corned Company, Commonwealth Edison, The Dow Chemical Company, GAF Corporation, The Flintkote Company, Georgia Pacific, Georgia-Pacific Corp. Individually and as Successor-in-interest to Hudson Pulp & Paper Corp., Grays Harbor Paper, Inc., Hobart Brothers Co., Hobart Welders, Illinois Power Company, Ingersoll-Rand, Industrial Holdings f/k/a Carborundum, Kincaid Generation, LLC., Lincoln Electric Company, Marathon Oil Company, Marcal Paper Mills, Inc., Penzoil-Quaker State Company, Petter Supply, Proko Industries, RPM, Swift & Co., Union Electric Company, U.S. Steel f/k/a USX Corporation, W.R. Grace, Walworth Co. AMD Gerald T. Noce Richard A. Tjepkema Noce & Buckley, LLC 1139 Olive Street, Suite 800 St. Louis, MO 63101-1928 Attorneys for The Dow Chemical Company AND Patrick Baughman Baughman & Associates Co, L.P.A. 55 Public Square, Suite 2215 Cleveland, OH 44113-1996 Attorneys for U. S. Steel f/k/a USX Corporation AND Jack Block Sachnoff & Weaver, Ltd. 30 South Wacker Dr., Suite 2900 Chicago, IL 60606-7484 Attorneys for The Flintkote Company j ulte 100 ' .Twain Plaza R 103 ..^it Vandalia Street P.O. Box 467 Edwardsville, 0.620254467 Fax (618) 656-7940 (618) 6564646 John Kurowski Melissa R. Badgett Cates, Kurowski, Bailey & Shultz, P.C. 24 Bronze Pointe Swansea, IL 62226 Attorneys for A.W. Chesterton, Advanced Auto Parts, Western Auto, Parts America, Discount Autos, Babcock Borsig, Power, Inc, as successor in interest to D.B. Riley, Inc. as successor in interest to Riley Stoker Corporation, Badenhausen Corporation, Congoleum, DaimlerChrysIer Corporation, Green Tweed & Company, Plibrico, Riley Stoker, and Sears, Roebuck & Co., Union Iron Works Richard Boyle Gundlach, Lee, Eggmann, Boyle & Roessler 5000 West Main P. O. Box 23560 Belleville, IL 62223-0560 Attorneys for Illinois Central Railroad Company, Minnesota Mining & Mfg. Co. Robert W. Wilkinson Dogan & Wilkinson, P.L.L.C. 726 Delmar Avenue P. O. Box 1618 Pascagoula, MS 39568-1618 Attorneys for Wheeler Protective Apparel Barry A. Short Lewis, Rice & Fingersh 500 North Broadway, Suite 2000 St. Louis, MO 63102-2127 Attorneys for CSR, Limited Robert Scott Swain, Hartshorn & Scott 411 Hamilton Blvd., Suite 1806 Peoria, EL 61602 Attorneys for Federal-Mogul Products, Inc., as successor-in-interest to Wagner Electric, Pneumo Abex, Lear Siegler Diversified Holdings Corp. a Thomas Magee Moser & Marsalek 200 North Broadway, Suite 700 St. Louis, MO 63102-2730 Attorneys for J. P. Bushnell Stephen J. Maassen Hoagland, Fitzgerald, Smith & Pranaitis 401 Market Street P. O. Box 130 Alton, IL 62002 Attorneys for Crown Cork & Seal, Equistar Chemicals, Millennium Petrochemicals, Inc., Tootsie Roll Industries, Inc., United Refractories Gregory L. Cochran Margaret M. Foster McKenna, Storer, Rowe, White & Farrug 200 North LaSalle Street, Suite 3000 Chicago, IL 60601-1083 Attorneys for Paul J. Krez Company James K. Toohey Joseph Janatka Undray Wilkes Ross & Hardies 150 North Michigan Ave., Ste. 2500 Chicago, IL 60601 Attorneys for American Standard, Westinghouse Air Brake Daniel J. O'Connell, Jackie W. Miller Ed Bums O'Connell & Associates, P.C. 645 Tollgate Road, Suite 220 Elgin, IL 60123 Attorneys for Cleaver Brooks, Scapa, Sepco BEYLROYSTER V0ELKER &ALLEN William G. Schopf Schopf& Weiss 312 West Randolph Street, Suite 300 Chicago, IL 60606-1721 Attorneys for Occidental Chemical Corp. : "Suite 100 rwaln Plaza It 10!. A Vandalla Street P.O. Box 467 'dwardsville, L 620284)467 Fax (618) 656-7940 (618) 656-1646 John D. Warner Gault & Warner, L.L.C. 222 South Central, #500 Clayton, MO 63105 Attorneys for General Motors and Delco Moraine, a Division of General Motors, Triangle Insulation AND Gary E. Wiseman Law Offices of Thomas J. Noonan 701 Market Street, Suite 425 St. Louis, MO 63101 Attorneys for General Motors and DelcoMoraine, a Division of General Motors Corporation Mary Ann Hatch Herzog, Crebs & McGhee, LLP 5111 West Main Street Belleville, IL 62226-4797 Attorneys for Combustion Engineering, Burns International Services John J. Gazzoli, Jr. Kristine Kraft Lewis, Rice & Fingersh 500 North Broadway, Suite 2000 St. Louis, MO 63102 Attorneys for Gardner Denver, Inc. David T. Butsch Allen P. Press Green, Schaaf & Jacobson, P.C. 7733 Forsyth Blvd., Suite 700 Clayton, MO 63105 Attorneys for Doyle Equipment Manufacturing Co., Kimberly Clark Corporation, Scott Paper Company Jerome J. Duchowicz O'Hagan, Smith & Amundsen, L.L.C. 150 North Michigan Ave., Suite 3300 Chicago, IL 60601 Attorneys for Mt. Vernon Mills, Inc. Steven W. Celba Celba, Derochers 4493 North Prospect Avenue Milwaukee, WI 53211 Attorneys for Irex Corporation PofTA ^ Johnson & Bell, Ltd. 55 E. Monroe St., Suite 4100 Chicago, IL 60603 Attorneys for Bechtel Construction Company, Brandon Drying Fabrics, Case International Harvester, Exxon Mobil Corp., a successor to Mobil Oil Corp., Mobil Chemical Company, Inc. Goodrich Corporation, f/k/a The B.F. Goodrich Company Jim Corrigan Behr, McCarter & Potter 7777 Bonhomme, Suite 1810 St. Louis, MO 63105 Attorneys for Thermic Refractories Beth Kamp Veath Brown & James Lechien Building 120 West Main Street Belleville, IL 62220-1502 Attorneys for Azrock, Domco Products Texas, L.P., Harwick Standard Distribution Corp. Bryan Skelton Reed, Armstrong, Gorman, Mudge & Morrissey, P.C. 115 North Buchanan Street Edwardsville, IL 62025 Attorneys for Dresser Industries, Halliburton Company, Halliburton Energy Services, Inc., Kewaunee Engineering Company, Worthington Pump Inc. SeylRoyster Y0ELKER &ALLEN Suite 100 . {Twain Plaza N 10. A Vandalla Street P.O.Box 467 idwardsville, L 620254)467 Fax (618) 656-7940 (618)6564646 William Lucco Lucco, Brown & Mudge 224 St. Louis Street Edwardsville, EL 62025 Attorneys for Pfizer, Inc., Quigley Company Ronald D. Robinson Amelung, Wulff & Willenbrock 705 Olive Street, Suite 1100 St. Louis, MO 63101 Attorneys for Granite City Steel, Midwest Machinery Ducey & Associates 20 Bronze Pointe Belleville, IL 62226 Attorneys for Cerro Copper Raymond Foumie Armstrong, Teasdale, Schlafly, Davis & Dicus #1 Metropolitan Square, Ste. 2600 St. Louis, MO 63102 Attorneys for Ametek Chemical Products, Cargill, Inc., Carlisle Group, Dentsply International, Eastman Chemical Co., Freightliner LLC, Fru-Con Construction, General Dynamics Corp., Hercules Inc., Howden Buffalo, Inc. as successor-in interest to Buffalo Forge Company and Joy Manufacturing, Industrial Contractors, Lear Corporation, Longview Fibre Company, The Mead Corporation, Montello, Inc., Motion Control Industries, Inc., Motorola, Inc., Nestle USA, Prestolite Electric, Richard Klinger, Inc., The Scotts Company, Sprinkman Sons Corporation of Illinois, Sulzer Process Pumps, (US), Inc., United States Steel, Warren Pumps, Inc., Weyerhauser Co. MarkZellmer Kenneth R. Heineman Husch & Eppenberger 190 Carondelet Plaza, Suite 600 St. Louis, MO 63105-3441 Attorneys for ConocoPhillips, Cytec Industries, Goodrich, Monsanto, Occidental, Olin Corporation, Pharmacia, Polyone Corp., Polyone Distribution Company, Solutia, Unocal Corporation f/k/a Union Oil Co. of California, Allan Zelkowitz Pretzel Stouffer One South Wacker Dr., Ste. 2500 Chicago, IL 60606-4673 Attorneys for Atlantic Richfield Company, as successor-in-interest to Sinclair Oil Corporation, and Sinclair Oil Corporation Porrp James P. Arrigo Stamos & Trucco 30 West Monroe St., Suite 1600 Chicago, IL 60603 Attorneys for Texaco Refining and Marketing, Inc. Jennifer Arthur Daniel C. Nester Bryan Cave LLP One Metropolitan Square 211 North Broadway, Suite 3600 St. Louis, MO 63102-2750 Attorneys for McDonnell Douglas/Boeing, The Premcor Refining Group, Inc., Clark Oil & Refining Corporation Eric Young Dunham, Boman & Leskera Belleville, IL 62220 208 North High Street Attorneys for Beazer East, Inc., Individually and as successor to Koppers Company, Inc., and successor-in-interest to Theim Corporation and Universal Refractories Company Robert T. Varney Robert T. Varney & Associates 121 North Main Street, 4th Floor Bloomington, IL 61701 Attorneys for Chevron Texaco Corporation lEYLROYSTER V0ELKER &ALLEN llto 100 vain Plaza II 103. .Vandalla Street P.O. Box 407 dwardsvllle, 0.620254)407 Fax (616) 656-7040 (618)656-4646 Allan Goodloe Tracy Cowan Karen Volkman Thompson Cobum, L.L.P. One U.S. Bank Plaza St. Louis, Missouri 63101 Attorneys for Kawasaki Motors Corp., U.S.A., Sherwin-Williams, Union Pacific Railroad Company Tom Alvey Thompson Cobum 525 W. Main Street Belleville, IL 62220 Norfolk Southern Railway Company, (as successor-in-interest to the Wabash Railway) William Newbold Carl Rowley Thompson Cobum One U.S. Bank Plaza St. Louis, MO 63101 and Kurt Reitz Thompson Cobum 525 W. Main Street Belleville, IL 62220 Attorneys for Lorillard Tobacco Company Leslie G. Offerfeld Walker & Williams 4343 West Main Street Belleville, IL 62226 Attorneys for Corrigan Company, Complete Industrial Enterprises, Inc., H. B. Fuller, Technical Adhesives Corporation Von Brieson, Purtell & Roper 735 North Water Street, Suite 1000 P. O. Box 3262 Milwaukee, WI 53201 Attorneys for Fisher Controls International, Inc. Jerome C. Simon Rabbitt, Pitzer & Snodgrass 100 South Fourth Street, Suite 400 St. Louis, MO 63102-1821 Attorneys for Midland Ross Corporation and Alberici Corporation, J. S. Alberici Construction Co., Inc., AGCO Corporation a/k/a Massey Ferguson Company Stephen H. Rovak Sonnenschein, Nath & Rosenthal One Mercantile Square, Ste. 3000 St. Louis, MO 63102 Attorneys for Air Products and Chemicals, Inc. Pape 7 William A. Schmitt Russell K. Scott Dayna L. Johnson Greensfelder, Hemker & Gale I 12 Wolf Creek Drive, Suite 100 Swansea, IL 62226 Attorneys for The Quaker Oats Company, Pepsico, Inc., Rockwell Automation f/k/a Rockwell International Corporation, ArvinMeritor, Inc. AND Brian Egan Shea & Gardner 1800 Massachusetts Ave., N.W. Washington DC 20036 Attorneys for Rockwell Automation f/k/a Rockwell International Corporation and ArvinMeritor, Inc. Meyer Law Offices 120 South LaSalle St., Ste. 1530 Chicago, IL 60603 Attorneys for Fulton Boiler Works, Inc. Bullaro, Carton & Stone "\ 200 North LaSalle St., Ste. 2500 Chicago, IL 60601 Attorneys for Chicago Bridge & Iron Company a/k/a CBI Walker, Inc. McDermott, Will & Emery 227 West Monroe Chicago, IL 60606 Attorneys for Sargent & Lundy Illinois, Inc. Chilton, Yambert, Porter 150 South Wacker Drive, Ste. 2400 Chicago, IL 60606 Attorneys for Keystone Consolidated Industries, Inc., a/k/a Keystone Steel & Wire Company HEYLROYSTER V0ELKER &ALLEN , Suite 100 . /Twain Plaza n 10'* . -at Vandalia Street P.O. Box 467 EdwardsvWe. 0.02029-0467 Fax (610) 656-7040 (616)656-4646 Kimberly Kuhlengel Jones Law Office of Kimberly Kuhlengel Jones P. O. Box 186 Nashville, IL 62263 Attorneys for Genuine Parts Company, Hayes Axle, Inc., National Automotive Parts Association AND Virginia M. Giokaris Rasmussen, Willis, Dickey, Moore 9200 Ward Parkway, Suite 310 Kansas City, MO 64114 AND Kymala B. Carrier McAfee & Taft Two Leadership Square, Tenth Floor 211 North Robinson Oklahoma City, OK 73102-7103 Attorneys for Hayes Axle, Inc. Michael T. Trucco Stamos & Trucco 30 West Monroe St., Suite 1600 Chicago, EL 60603 Attorneys for Chevron U.S.A., Inc. Steven P. Sanders Paul E. Petruska Williams, Venker & Sanders LLC 10 South Broadway, Suite 1600 St. Louis, MO 63102 Attorneys for Caterpillar, Inc., Goodyear Tire & Rubber Robert J. Meyer Swanson, Martin & Bell One IBM Plaza, Suite 3300 330 North Wabash Chicago, IL 60611 Attorneys for Durabla Roger K. Rea Law Office of Roger K. Rea 200 South Hanley, Suite 1100 Clayton, MO 63105 Attorneys for Archer Daniels Midland Ms. Maureen McGlynn McGlynn & Luther 500 North Broadway, Suite 1515 St. Louis, MO 63102 Attorneys for DaimlerChrysler Corporation, Ford Motor Company, Volvo ___ O Milton C. Spaulding Spencer, Fane, Britt & Browne, LLP 1 North Brentwood Blvd., Suite 1000 St. Louis, MO 63105 Attorneys for Dupont, Mueller Co., Tyco, Yarway James McKown Spencer Fane Britt & Browne LLP 1000 Walnut St., Suite 1400. Kansas City, MO 64106 Attorneys for TH Agriculture & Nutrition Company, LLC, as successorin-interest to Thompson-Hayward Chemical Company Mr. Howard Becker Sandberg, Phoenix & vonGontard One City Centre, Suite 1500 St. Louis, MO 63101 Attorneys for Cemex-Southdown Ms. Lisa LaConte Heyl, Royster, Voelker & Allen Bank One Building, Suite 600 124 S. W. Adams St. Peoria, IL 61602 Attorneys for Patterson Dental, Stovey, Continental Can, Seegott, ISPAT/lnland Steel, Zurn Industries, H.H. Robertson, Excelsior, Gardner-Denver, Selkirk, Inc., Butler Manufacturing, Egyptian Concrete, Hasbro, Warren Pumps lEYLROYSTER VOELKER &ALLEN ( \ifto 100 wain Plaza II 103. ..Vandalla Street P.O.Box 467 dwanteville, IL 620254)467 Fax (618) 656-7040 (618) 656-4646 Q ;i':; . (J- < t ,l r V\ fV 'V f s *> * 7" ' \ . ' ; / * f4. ".. JJ. f /t .j.-x ;t. % f> < * 1 <* 'v.vk'M,/ 1 -H 'S" 8** I r ^,r /[;*-'v^-r'( 1 f -c < /* -/ ( - , Ji * ,, - /. ,4 { , w f,/.r '' 4f vi` - ?x ` ' 1i < - , ' r . <t ** > , t I * t ** 1 1 ' t ** r- , , 7> ; '?/ , vVs^1'* Kvviv ^ <.""* > *;> ** ' ' '1 ,` 1 > , V n ' '> * _ .1 ff "< ' ^ -iO _!)(., r'l ,v> , , ! '*' " \y , f^' V'1, I <* vi`r.,ii'-' . * ^ '< ' ' < ''' u xV**<*,' ' y'w ;?\ !V .*? Ti't It'/* *' f"i / /. IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS IN RE: ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, LLC, Plaintiffs, vs. A.W. CHESTERTON, INC., et al.. Defendants ) ) ) ) ) ) ) ) ) ) DANA CORPORATION'S AMENDED ANSWERS AND OBJECTIONS TO PLAINTIFF'S INTERROGATORIES REGARDING BECK/ARNLEY WORLDPARTS CORPORATION PURSUANT TO ORDER DATED OCTOBER 20,2003 PRELIMINARY STATEMENT Dana Corporation ("Dana") originally served its answers to interrogatories about Beck/Amley Worldparts Corporation ("BAWC") on February 27,2004, pursuant to Consent Order, dated October 20,2003, and amendments thereto. Dana has since determined that the original answers require present amendment and/or supplementation. This preliminary statement applies to and is incorporated into each Answer. O Dana answers these interrogatories after reasonable investigation with the best available information presently known about BAWC and its historical product lines. To the extent Dana manufactured products that were not BAWC's historical product lines, those products will be reported separately as otherwise required by the October 20,2003 Order. Beck/Amley Worldparts Corporation (BAWC) was incorporated on June 5, 1985 as GKN Aftermarket Import Parts, Inc. (GKN). GKN was a wholly owned subsidiary ofParts Industries Corporation. GKN was the parent company, owning 100% of the stock of Worldparts Corporation, a Tennessee corporation, and also of Beck/Amley Corporation, a New York corporation. On July 2, 1988, Echlin, Inc. acquired from Parts Industries Corporation all of the 1 outstanding capital stock of GKN. Following this acquisition, the name GKN was amended to be Beck/Amley Worldparts Corporation. On December 30, 1988, both Beck/Amley Corporation and Worldparts Corporation were merged into Beck/Amley Worldparts Corporation, (BAWC), with BAWC being the surviving entity. Worldparts Corporation was incorporated in Tennessee on December 12, 1979. When first incorporated, the stock of Worldparts Corporation was wholly owned by Maremont Corporation, which had previously run Worldparts as a wholly division from 1973 until its incorporation in 1979. Worldparts was a distributor, not a remanufacturer, of auto parts for import vehicles. It distributed to distributors and jobbers. GKN acquired 80% of the outstanding stock of Worldparts Corporation in 1980, and the balance in 1982. The origins of Beck/Amley Corporation go back to February 28,1927, with the incorporation in New York of Beck Distributing Corporation (Beck). Beck was an importer of accessories such as helmets and goggles for imported motorcycles. In 1965, Beck merged with Brigham, St. John, Inc., a California corporation, formed in 1954, which distributed Beck products. Amley Industries, Inc. was incorporated in 1959, in Pennsylvania, and Amley Rebuilders, Inc. was incorporated in Pennsylvania in 1964. In 1969, thesi two companies were merged into Beck, with Beck being the surviving entity. At the time of this merger, the name Beck Distributing Corporation was changed to Beck/Amley Corporation. Beck/Amley Corporation was the parent company owning all of the issued and outstanding shares of stock in Beck/Amley Products Corporation, a California corporation, and Beck/Amley Corporation of California. On December 14,1988, Beck/Amley Products Corporation and Beck/Amley Corporation of California, were both merged into Beck/Amley Corporation, with Beck/Amley Corporation being the surviving entity. A third subsidiary of 2 Beck/Amley Corporation, Beck/Amley Corp. of Illinois, which was incorporated in Delaware in December 1974, was merged into Beck/Amley Corporation on February 25,1987, with Beck/Amley Corporation being the surviving entity. Pursuant to an Agreement and Plan of Merger, dated May 3,1998, between Dana Corporation, Echo Acquisition Coip., and Echlin, Inc., Dana Corporation acquired the outstanding stock of Echlin, Inc. Upon this stock acquisition. Echo Acquisition Corp., a wholly owned subsidiary of Dana Corporation, was merged with and into Echlin, Inc. Echlin, Inc. was the surviving corporation and became a wholly owned subsidiary of Dana Corporation. At the present time, Beck/Amley Worldparts Corporation is owned 95% by Dana Global Holdings, Inc. and 5% by Dana International Holdings, Inc.. Dana International Holdings, Inc. is a subsidiary of Dana Global Holdings, Inc. and Dana Global Holdings, Inc. is a wholly owned subsidiary of Dana Corporation. Since entry of the October 20,2003 Order, Dana has reviewed limited information which was maintained by Echlin, Inc. relative to Beck/Amley Worldparts Corporation. Dana's responses are principally based upon information within Defendant's possession, custody and control. Documents available to Dana may not answer, in whole or in part, an interrogatory. Accordingly, Dana will answer only to the extent that this is information currently available and reviewed that Dana believes is sufficient to answer, in whole or in part, the interrogatory. Substantial progress has been made finding information requested by Plaintiffs. Defendant reserves the right to amend, supplement, modify or otherwise change these responses in the event it acquires additional information responsive to these interrogatories, or if it appears that inadvertent or administrative omissions or errors have been made. 3 INTERROGATORY NO. 62: If your Answer to Interrogatory No. 61 is "yes," with respect to each such study. (a) Identify the product involved; (b) Identify the person(s) and/or entity(ies) conducting said study; (c) State the date said study began and the date on which it was completed; (d) Identify any and all persons, including, but not limited to, directors, officers, agents or employees of Defendant, who participated in the decision to have said study conducted; (e) Describe the nature of said study; (f) Describe the nature of any action to eliminate or minimize inhalation of asbestos dust or asbestos fibers undertaken as a result of said study; (g) Identify any and all documents referring to, relating to or reflecting said study or the results thereof; and, (h) Identify any and all persons receiving a copy of any document referring to, relating to or reflecting the results or conclusions of said study. ANSWER: See answer to Interrogatory Number 61, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 63: Did Defendant, any related company, or any predecessor at any time, give to persons, who would be applying and/or removing any of the products listed in response to Interrogatory Nos. 19 and 42, any instructions or guidelines concerning precautions, warnings, procedures, and/or methods to use, in order to safely apply or remove such products? If so, describe such instructions, state to whom they were given, state the dates they were given, and describe the manner in which they were given. ANSWER: Yes. Specifically regarding asbestos, the United States government warning regulations did not apply to asbestos containing clutches and brakes. Historical, medical and 38 scientific evidence did not support a risk of harm from clutches and brakes. Material safety data sheets were provided upon a customer's request. Beginning in the early 1970s, OSHA regulations required work place precautions regarding excessive exposure to asbestos. BAWC made a concerted effort to fully comply with the regulations and reasonably expected its industrial customers to comply as well. The products remanufactured and sold by did not require warnings for one or more of the following reasons: (1) If asbestos fiber was included, it was encapsulated in the product;. (2) Use of the product typically was of short durations; (3) Release of asbestos fibers from the product, if any, was not a significant level; (4) The type of asbestos fiber used in BAWC's products was not a type shown to create an increased risk ofdisease in persons who only used these products; (5) Medical and scientific knowledge does not support a causal association between the use of BAWG's products and a medically significant increased risk ofdisease; and (5) BAWC's products did not require the worker actually handling the product to either cut, sand, mix or interact with the product so as to create the release of any asbestos fiber or dust from the product. However, upon information and belief, warnings concerning asbestos were first used by BAWC on asbestos containing brake and clutch products commencing in or about 1977. This caution reads as follows: CAUTION: Contains asbestos fibers. Avoid creating dust. Breathing dust may cause serious bodily harm. Another form of label is as follows: DANGER: Contains asbestos fibers. Avoid creating dust. Cancer and Lung disease hazard. Each ofthe above labels were incorporated into the packaging of the asbestos-containing brakes sold under the "Worldparts" trade name. Beck/Amley, under the Beck/Amley trade name, utilized the following wanting labels: 39 CAUTION CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM CAUTION - ASBESTOS DUST HAZARD _ CONTAINS ASBESTOS FIBERS - AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM Do NOT Breathe Dust Do NOT Use Air Hose for Cleaning Do NOT Machine Without Dust Collection Equipment . IMPORTANT _____ DO Use Vacuum or Wet Cleaning Methods DO Dispose of Dust in Sealed Container DO Wear Mask ifUnable to Avoid Dust ' Under the trade name "Beck/Amley Worldparts", immediately following Echlin, Inc.'s acquisition in 1988, the following forms of warnings were utilized: DANGER CONTAINS ASBESTOS FIBERS - AVOID CREATING DUST CANCER & LUNG DISEASE HAZARD IMPORTANT Do NOT Breathe Dust DO Use Vacuum or Wet Cleaning Methods Do NOT Use Air Hose for Cleaning DO Dispose ofDust in Sealed Container Do NOT Machine Without Dust DO Wear Mask ifUnable to Avoid Dust Collection Equipment _____________ ;_______________________________________ ._________For Further Information Contact: Beck/Amley Worldparts Corp. 40 For products which did not contain asbestos friction segments. Defendant placed the following caution label on those products. This label was used from and after 1988. CAUTION EXPOSURE TO FIBROUS MATERIALS MAY PRESENT HEALTH HAZARDS. WHEN WORKING WITH ASBESTOS OR NON-ASBESTOS BRAKE SHOES OR PADS, OBSERVE THE FOLLOWING PRECAUTIONS: Do NOT Cause Dust to Become Airborne Do NOT Breathe Dust Do NOT Use Air Hose for Cleaning Do NOT Machine Without Dust Collection Equipment DO Use H.E.P.A. Vacuum or Wet Cleaning Methods DO Dispose of Dust in Sealed Container DO Wear Suitable Mask If Unable to Avoid Dust 41 The warnings were printed upon the packaging of these products. INTERROGATORY NO. 64: Did Defendant, any predecessor or any related company, at any time, place any warning signs or labels on the containers in which any of the products listed in response to Interrogatory Nos. 19 and 42 were packaged? ANSWER: . See answer to Interrogatory Number 63, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 65: . If your Answer to Interrogatory No. 64 is "yes," identify each and every product upon which such a warning was placed, and with respect to each such product identified: (a) .. State the date on which any order directing that a warning be placed on said product first issued; (b) Identify any and all persons participating in the decision to issue that order, (c) State the first date on which such warning was actually placed on said product; (d) State the first date on which such product accompanied by such warning was first sold, distributed or installed; (e) State the exact wording of this first warning; (f) State the exact location and size of this first warning as it appeared on said product; (g) Identify any and all persons who participated in any phase of the drafting or design of said first warning, including, but not limited to, those who performed the actual drafting and design work, those who reviewed the work, those who edited the work and those who approved the warning; (h) State why you placed such warning on said product, including, but not limited to, whether you placed such warning on said product because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute; and 42 VERIFICATION I, Ernie Dodman, am an employee of Dana Corporation and have been duly authorized to make this verification on its behalf. I verify that I have read Dana Corporation's Amended Answers and Objections to Plaintiffs Interrogatories Regarding Beck/Arnley Woridparts Corporation and the same are true and accurate to the best of my knowledge and belief. That much of the information sought by these interrogatories has been accumulated over time but not necessarily for the purpose of responding to these interrogatories. It is not possible to now identify each person who, at sometime, may have provided information that is now being used to respond to these interrogatories. No single employee, officer or agent of the company has direct knowledge of the documents and information necessary to supply each and every response. I do not have direct knowledge regarding every specific response. I am informed that the review of the documents and discussions referred to above support the response based upon the information currently available. Ernie Dodman STATE OF OHIO ) :ss COUNTY OF LUCAS ) BEFORE ME, a Notary Public, personally appeared Ernie Dodman, who swore upon his oath that the above and foregoing facts and statements are true and correct to the best of his knowledge and belief. SUBSCRIBED and sworn to before me this *ZJ*ru day of . 2004. My commission expires: Printed Name:____ _ County of Residence: tor OoeBer 'ay. J H. Modesitt Cults Wilkinson VUliam W. Drummy ehrinLRoots lhn C Wall VUliam M. Olah haigM. McKee cottM.Kymuac rffieyA. Bayil krvid P. Friedrich rffreyA. LeweByn tacyM. Weber* Villiam S. Frankel IV also admitted in Illinois 'eorgpO.Dix 874-1968 laydKDix 895-1974 foe Gabbert 929-1978 toyd C Adamson 909-1981 ~ homos M. Patrick 91ft fyi. Atkinson 932-1997 Wilkinson & Drummy, LLP Attorneys At Law December 13, 2004 Mr. Ted Gianari SimmonsCooper Firm, LLC 1579 East McArthur Drive Bethalto, Illinois 67010 Re: Dana Corporation - Amended Answers and Objections to Plaintiff's Interrogatories Regarding Beck/Arnlev Worldparts Corporation Dear Ted: As you know, we have furnished quite some time back Dana's responses regarding Beck/Arnley to the Madison County interrogatories. During the verification process, we determined that there were some slight errors in the preparation of the original answers. Accordingly, we have now prepared Amended Answers, with verification. You will note that the verification process took place in August and I apologize for the delay in transmitting these to you. I actually thought they had been transmitted. The error is mine, and I do apologize. Enclosed please a verified Amended Response by Dana Corporation regarding Beck/Arnley Worldparts Corporation. I am directing these to you inasmuch as I understand that Randy is seldom, if at all, now at the offices of SimmonsCooper. _ If you have any questions regarding these, please do not hesitate to inquire. A happy holiday season to you and your family. Very truly yours, 13 Ohio Street 0. Box 800 me Haute. IN47808-0800 i: 812-232-4311 = 35-5107 vw.witkinsonlawcom RHM/nlp Enclosure ' / \<' ` . . V v"` V;. - - \ ,5< 1 v!\`. ' ''V'k/fyfi. -i V,.,j7 1/ r.?l- . ' V ,y> ! 'V, *e ' ') l ' ,* y *rU y v s*- * ^1 '- fr.\ :\ I'/ ' ; - " -v . ** -X > if..: 1 .! I . .4tr .. ; .*v .f. * a. <;y >\v^ .aP-jvV*?*) 1 v > r 'V> * ^ s. >, '( [ .. *T-v'r -:y Y-> .vN-. '<W*.v4........ J<*a .- wV.i*,vf;-/ ^-v.v,^ ; ,..v- :* . - 'V.' ` ' i * \?i' '. . kt v-f'k'j AAs# 'T'vV '*. -v'''-"--' - AT-i- ' A > W* * ^ V /"it, ,t t' 'v`t? 1 *a V < * r, 4 .Vny-r>*A~ S A *n-/ <'!- v^ > t v * t Ki Jh v/ -? > O'Xrt.-Vv as$|pl y-* a A4 * < ' < r` ^^ i[ V r. .t; .vfs ihp, //' Vv < T *rM ' i-v ^ ; > - ?!?**^ : 4* , v& ' >,, .iV ^ i < *v i ^ ` V? 1 ^ *i>v*. i',;: ,t 11i * " f /, v j ^ ^ ( (i 1 V>1<, ^t i , >i I < s* f / u y\ v, w* 7 I* ^ "* r \ *-', ; i'*.1' f*. / ^ t':W'. .... , ?wV ............... - 1 V : 14 w 4\ .V,,/ s f , r* ; , / i > ,^rf*4 fc'" ` '4vtf\VV^ V. ;5'. / u-M/Ty t V :,'JIM,',. ' . > ^?v A A', ... v 'i P. J r? ^ u 'f,, *,* f * ,,, .WX'tZ ............ ................................ i. }.(ip , <,<* $u v A%1 ^ `t.vrr'V^ . ^.'V<4v4,.'fdhi'sisi a :... - ,.:v.- 41 .'1/ :tv" t '*<*' m >. ? VT / .. d\ * ' 'V . ^' ~ , '>t hkJ - ) '. C . t.'/.:: ' > . A'/ r'AV^,.t: *.x . VA,-';..>' ' 'I. ......................... `{*-*W.. f4 . ' .' . '. I ; y.i f f. t H * *.* i4 5 ,, , ^ / ~ c\ < 4--V'1' v> 3 < a ^ k < ri -a-" v vV / . /> : 4 . -. sl ' -iv-., Q -2.(j> c>-f IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS IN RE: ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, LLC, Plaintiffs, vs. A.W. CHESTERTON INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) DANA CORPORATION'S ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES REGARDING LIPE CORPORATION, PURSUANT TO ORDER DATED OCTOBER 20, 2003 PRELIMINARY STATEMENT Pursuant to Consent Order dated October 20, 2003, Dana Corporation ("Dana") provides answers to Master Interrogatories about Lipe Corporation, "Lipe". This preliminary statement applies to and is incorporated into each Answer. Dana answers these interrogatories after reasonable investigation with the best available information presently known about Lipe Corporation and its historical product lines. To the extent Dana manufactured products that were not Lipe Corporation's historical product lines, those products will be reported separately as otherwise required by the October 20,2003 Order. Lipe Corporation was originally incorporated in Delaware on April 8,1985, as a wholly owned subsidiary of Echlin, Inc. On April 9, 1985, Echlin acquired the assets of Lipe-Rollway Corporation's Lipe clutch division, which manufactured and remanufactured clutches for heavy duty tracks. Immediately thereafter, Echlin transferred these assets in capitalization of Lipe Corporation. As of February 1998, Lipe became an inactive corporation and was no longer engaged in the manufacture, remanufacture or sale of clutches. During the period of time in which Lipe manufactured or remanufactured clutches, some clutches were asbestos-containing 1 an unrelated entity, Haldex, Inc., on April 3, 1998. Pursuant to an Agreement and Plan of Merger, dated May 3,1998, between Dana Corporation, Echo Acquisition Corp., and Echlin, Inc., Dana acquired the outstanding stock of Echlin, Inc. Upon this stock acquisition. Echo Acquisition Corp., a wholly owned subsidiary of Dana, was merged with and into Echlin, Inc. Echlin, Inc. was the surviving corporation and became a wholly owned subsidiary of Dana Corporation. At the present time, Lipe Corporation is owned 95% by Dana Global Holdings, Inc. and 5% by Dana International Holdings, Inc. Dana International Holdings, Inc. is a wholly owned subsidiary of Dana Global Holdings, Inc., which is a wholly owned subsidiary of Dana Corporation. Historically, Lipe manufactured and remanufactured clutches for medium and heavy duty tracks (classes 6,7 and 8). In addition, for a short period of time beginning in approximately October 1985, and ending at the end of 1986, Lipe sold and distributed heavy duty brake block, some of which contained asbestos, which was manufactured by Brake Systems, Inc. This brake block carried the trade name "Grey-Rock." Any asbestos utilized in Lipe clutches or GreyRock brake block was encapsulated or bonded into the friction materials. Because Lipe ceased doing any active business prior to the merger in which Dana acquired Echlin, Inc., Dana has limited knowledge about the history of Lipe and its products containing asbestos. Since entry of the October 20, 2003 Order, Dana has reviewed limited information which was maintained by Echlin, Inc. relative to Lipe Corporation. Dana's responses are principally based upon information within Echlin, Inc.'s possession, custody and control. 2 ANSWER: See answer to Interrogatory Number 61, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 63 : Did Defendant, any related company, or any predecessor at any time, give to persons, who would be applying and/or removing any of the products listed in response to Interrogatory Nos. 19 and 42, any instructions or guidelines concerning precautions, warnings, procedures, and/or methods to use, in order to safely apply or remove such products? If so, describe such instructions, state to whom they were given, state the dates they were given, and describe the manner in which they were given. ANSWER: Yes. Specifically regarding asbestos, the United States government warning regulations did not apply to asbestos containing clutch products. Historical, medical and scientific evidence did not support a risk of harm from clutch products. Material safety data sheets were provided upon a customer's request. Beginning in the early 1970s, OSHA regulations required work place precautions regarding excessive exposure to asbestos. Lipe Corporation made a concerted effort to fully comply with the regulations and reasonably expected its industrial customers to comply as well. Lipe's products did not require the worker actually handling the product to either cut, sand, mix or interact with the product so as to create the release of any asbestos fiber or dust from the product. However, upon information and belief, warnings concerning asbestos were first used by Lipe on its asbestos-containing clutch products commencing in June 1986. This warning label was as follows: 37 CAUTION - ASBESTOS DUST HAZARD C CONTAINS ASBESTOS FIBERS - AVOID CREATING DUST A BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM U _____________________________ ________________________________________ T| IMPORTANT | I | Do NOT Breathe Dust o | Do NOT Use Air Hose for Cleaning DO Use Vacuum or Wet Cleaning Methods DO Dispose ofDust in Sealed Container j j N | Do NOT Machine Without Dust DO Wear Mask ifUnable to Avoid Dust | | Collection Equipment'| The above warning label was an adhesive label, which was affixed to the packaging of clutches. The above referred to label was also a part of the packaging of asbestos-containing "Grey-Rock" brake block which was sold or distributed by Lipe during the entire time when , Lipe sold and distributed that product. INTERROGATORY NO. 64: Did Defendant, any predecessor or any related company, at any time, place any warning signs or labels on the containers in which any of the products listed in response to Interrogatory Nos. 19 and 42 were packaged? ANSWER: See answer to Interrogatory Number 63, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 65: Ifyour Answer to Interrogatory No. 64 is "yes," identify each and every product upon which such a warning was placed, and with respect to each such product identified: (a) State the date on which any order directing that a warning be placed on said product first issued; 38 VERIFICATION I, Ernie Dodman, am an employee of Dana Corporation and have been duly authorized to make this verification on its behalf. I verify that I have read Dana Corporation's Answers and Objections to Plaintiffs Interrogatories Regarding Lipe Corporation, and served by counsel on February 27, 2004, and the same are true and accurate to the best of my knowledge and belief. That much of the information sought by these interrogatories has been accumulated over time but not necessarily for the purpose of responding to these interrogatories. It is not possible to now identify each person who, at sometime, may have provided information that is now being used to respond to these interrogatories. No single employee, officer or agent of the company has direct knowledge of the documents and information necessary to supply each and every response. I do not have direct knowledge regarding every specific response. I am informed that the review of the documents and discussions referred to above support the response based upon the information currently available. Ernie Dodman STATE OF OHIO ) :ss COUNTY OF LUCAS ) BEFORE ME, a Notary Public, personally appeared Ernie Dodman, who swore upon his oath that the above and foregoing facts and statements are true and correct to the best of his knowledge and belief. SUBSCRIBED and sworn to before me this 'ZUth day of A>OCv.O*5^T . 2004. My commission expires: -. Notary Public Printed Name:______ County of Residence: ^ VICKI L STRINGHAM Notary Public, State of Ohio Commission Expires 10/21/04 If' ter enu... Modesitt iUs Wilkinson mW.Drummy nL Roots C. Wall anM. Olah M. McKee M. Kyrovac yA-Boyil 1P. Friedrich yA. Lewellyn (M. Weber* am S. Frankel IV > admittedin Illinois geO.Dix t-1968 dE.Dix i-1974 teGabbert 9-1978 d C. Adamson 9-1981 mas M. Patrick 5-' ' -f u Jkinson 2-1997 13 Ohio Street 0. Box 800 are Haute, IN47808-0800 bP* '-232-4311 e 35-5307 ww.tviIkinsonlanr.com Wilkinson, ujhjm, muuestht Wilkinson & Drummy, LLP Attorneys At Law December 13, 2004 Mr. Ted Gianari SimmcnsCooper Firm, LLC 1579 East McArthur Drive Bethalto, Illinois 67010 Re: Dana Corporation - Answers and Objections to Plaintiff's Interrogatories Regarding Lipe Corporation Dear Ted: As you know, we have furnished quite some time back Dana's responses regarding Lipe Corporation to the Madison County interrogatories. Copies of these responses were served February 26, 2004. Thereafter, a Verification was prepared and unfortunately I did not send it to you. I thought that they had been transmitted. The error is mine, and I do apologize. Enclosed please a verified Response by Dana Corporation regarding Lipe Corporation. I am directing these to you inasmuch as I understand that Randy is seldom, if at all, now at the offices of SimmonsCooper. If you have any questions regarding these, please do not hesitate to inquire. A happy holiday season to you and your family. Very truly yours, FOR THE FIRM RHM/nlp Enclosure M Rayi joAd H. Modesitt r: v 1 ' " i4- * * V ' s'** 4 .......... ,., /'>""> ^';!"-';v?-''-J .'>" *A/( ' ' 't, k , , - k. ..r,'i,:',;,rw / ' a*' ,' k\ s' yj.*. r.^v;^ 7V* ,\ / ' , ' " *U < '* < ` , -1'' r" * ' ' K8895 MXY:slm 4 IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS IN RE: ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, LLC Plaintiffs, vs. A.W. CHESTERTON, et al.. Defendants. DEFEND ANT DANA CORPORATION'S INITIAL RESPONSES TO PLAINTIFFS' STANDARD REOUEST FOR PRODUCTION OF DOCUMENTS REGARDING FORMER SPICER ) CLUTCH DIVISION PRELIMINARY STATEMENT Pursuant to the consent order dated October 20, 2003, Dana Corporation ("Defendant") submits these responses to Plaintiffs' Standard Request for Production of Documents, addressing documents that relate to the former Spicer Clutch Division. This preliminary statement applies to, and is hereby incorporated into, each response below. Paragraph 9 of the consent order provides that, although interrogatory responses are to be provided by December 15, 2003, "Plaintiffs understand and agree that production and copying of documents may take longer than stipulated in this agreement." Defendant has expended enormous resources in order to timely respond to Plaintiffs' interrogatories. In addition, Defendant has been diligentlybeen searching for and gathering documents concerning the former Spicer Clutch Division that may be responsive to Plaintiffs' Standard Request for Production of Documents. However, given the large number of divisions or other entities for which Defendant has been compiling information and documents, as well as the historical nature of the issues and the documents [EYLROYSTER "VOELKER^ &AILEN themselves, that process of searching for and gathering documents necessarily is taking longer than as was stipulated in the agreement. . . >ll 100 (. vain Plaza II 10* /`andaUa Street r.O. Box 467 'dwardsvltk, 1L 6201S-0467 Fax (618) 656-7940 . (618)656-4646 Accordingly, Defendant will produce during the week of December 15, 2003 certain documents that are responsive to Plaintiffs' Standard Request for Production ofDocuments and that Defendant has been able to locate, assemble, copy, and produce at this time. Defendant continues diligently to search for and assemble additional responsive documents, anticipates that it will (d) Identify any and all persons, including, but not limited to, directors, officers, agents or employees of Defendant, who participated in the decision to have said study conducted; (e) Describe the nature of said study; (f) Describe the nature of any action to eliminate or minimize inhalation of asbestos dust or asbestos fibers undertaken as a result of said study; (g) Identify any and all documents referring to, relating to or reflecting said study or the results thereof; and, (h) Identify any and all persons receiving a copy of any document referring to, relating to or reflecting the results or conclusions of said study. RESPONSE: See responses to Interrogatory Nos. 43 and 56. INTERROGATORY NO. 63: Did Defendant, any related company, or any predecessor at any time, give to persons, who would be applying and/or removing any of the products listed in response to Interrogatory Nos. 19 and 42, any instructions or guidelines concerning precautions, warnings, procedures, and/or methods to use, in order to safely apply or remove such products? If so, describe such instructions, state to whom they were given, state the dates they were given, and describe the manner in which they were given. RESPONSE: The United States Government warning regulations did not apply to asbestos-containing clutches. Among other things, with respect to clutches made with asbestos- containing clutch facings: 1) The fibers were encapsulated in the product; 2) The exposure to the facing in the clutch, if any, would have been of such short duration that there would be no opportunity for a meaningful exposure; 3) The type of asbestos generally used in clutch facings does not create a significant risk of harm at levels of exposure associated with such facings; 4) The exposure to the clutch facing would not have occurred on a frequent basis; 5) Historical -40- medical and scientific evidence did not support a risk of harm from exposure to asbestos in clutch facings. Accordingly, to Defendant's knowledge, the Spicer Clutch Division did not accompany its finished products with Material Safety Data Sheets or package labels warning of the health hazards of asbestos. The clutches sold by the Spicer Clutch Division that were made with asbestos-containing facings were not of a nature or type that, when used in an ordinary and foreseeable manner, would have presented a significant potential for exposure. As such, the Spicer Clutch Division did not believe that its products made with asbestos-containing facings posed any hazards toward end users. See also response to Interrogatory No. 43. INTERROGATORY NO. 64: Did Defendant, any predecessor or any related company, at any time, place any warning signs or labels on the containers in which any of the products listed in response to Interrogatory Nos. 19 and 42 were packaged? RESPONSE: See response to Interrogatory No. 63. INTERROGATORY NO. 65: If your answer to InteiTOgatory No. 64 is "Yes," identify each and every product upon which such a warning was placed, and with respect to each such product identified: (a) State the date on which any order directing that a warning be placed on said product first issued; (b) Identify any and all persons participating in the decision to issue that order; (c) State the first date on which such warning was actually placed on said product; (d) State the first date on which such product accompanied by such warning was first sold, distributed or installed; (e) State the exact wording of this first warning; -41 - (f) Staie the exact location and size of this first warning as it appeared on said product; (g) Identify any and all persons who participated in any phase of the drafting or design of said first warning, including, but not limited to, those who performed the actual drafting and design work, those who reviewed the work, those who edited the work and those who approved the warning; (h) State why you placed such warning on said product, including, but not limited to, whether you placed such warning on said product because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute; and (i) Identify any and all documents referring to, relating to or reflecting, said warning, its drafting, and/or the decision to place the warning on said product, including, but not limited to, any communication as described in subpart (h) of this Interrogatory. RESPONSE: See response to Interrogatory No. 63. INTERROGATORY NO. 66: With respect to each product identified in response to Interrogatory No. 65 as having been accompanied by a warning, state whether, subsequent to the first warning described above, any different warning was ever placed upon said product. Any alteration, change or modification in the language, wording, capitalization, punctuation, style oftype or printing, size, color, or location on the package or container, of the warning constitutes a different warning. RESPONSE: See response to Interrogatory No. 63. INTERROGATORY NO. 67: With respect to each different warning which accompanied each product listed in response to Interrogatory No. 65: (a) State the date on which any order directing that such different warning be placed on said product first issued; (b) Identify any and all persons participating in the decision to issue that order; -42- (c) State the first date on which such different warning was actually placed on said product; (d) State the first date on which such product accompanied by such different warning was sold, distributed or installed; (e) Describe, with specificity, any and all changes, modifications or differences between the different warning and the prior wamings(s); (f) Identify any and all persons who participated in any phase of the drafting or design of such different warning, including, but not limited to, those who performed the actual drafting and design work, those who reviewed the work, those who edited the work and those who approved the different warning; (g) State why you placed such different warning on said product, including, but not limited to, whether you placed such different warning on said product because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute; and (h) Identify any and all documents referring to, relating to or reflecting, said different warning, its drafting, and/or the decision to place the different warning on said product. RESPONSE: See response to Interrogatory No. 63. INTERROGATORY NO. 68: Prior to the date on which Defendant first directed that a warning accompany any product identified in response to Interrogatory Nos. 19 and 42, did any person, firm, organization or other entity, within or without your employ, suggest, recommend, counsel, advise, or otherwise indicate in any manner, that a warning should accompany any or all such products or asbestos- containing products generally? RESPONSE: Not applicable. See response to Interrogatory No. 63. INTERROGATORY NO. 69: If your answer to Interrogatory No. 68 is "Yes," with respect to each such suggestion, recommendation, counseling, advice or other indication: -43- VERIFICATION I, Tom Dickson, state that I have read the foregoing answers to interrogatories and the answers are true and accurate to the best ofmy knowledge and belief. Information sought by these interrogatories have been accumulated over time but not necessarily for purposes ofresponding to these interrogatories. It is not possible to now identify each person who, at some time, may have provided information that is now being used to answer these interrogatories. No single employee, officer or agent of defendant has direct knowledge of the documents and information necessary to supply each and every response. I am informed that the review ofdocuments and discussions with people with knowledge support the answers based upon the information available as ofthe date ofmy signature. Sworn to and subscribed in my presence this Ll day of December, 2003. (j Notaiy Public - State of Indiana My Commission Expires ~Q<> PROOF OF SERVICE The undersigned certifies that a copy ofthe foregoing has been served upon the attorneys of record to the above cause via hand delivery on btviv+.'bLr 15^003. By:JU. HEYLl ROYSTER, <VDELKER & ALLEN Copies Hand Delivered To: John Simmons Marcus E. Raichle, Jr. The Simmons Firm, L.L.C. 707 Berkshire Avenue East Alton, IL 62024 Attorneys for Plaintiffs lEYLROYSTER YOELKER &ALLEN >lte 100 ' wain Plaza II 101 Vandalla Street .-.O.BOX467 dwardsville, IL 62025-0467 Fax (618) 656-7940 (618) 656-4646 Page 1