Document O3qw2zKzoz80d8j2O72Y7wxJM

CAUSE NO. E-143,871 HELEN GAMBRELL, INDIVIDUALLY AND AS THE SPECIAL ADMINISTRATRIX OF THE ESTATE OF ROBERT GAMBRELL, DECEASED S S S Plaintiffs v. S S S S THE ABER COMPANY, AMERICAN S S ELECTRICAL CABLE, AMERICAN INSULATED WIRE, INC., ARMSTRONG WORLD INDUSTRIES, INC., CAROL WIRE fi CABLE (INDIVIDUALLY AND D/B/A CREST CO. & MILLER ELECTRIC CO.), CERRO WIRE & CABLE CO., INC., ESSEX GROUP, FIBREBOARD CORPORATION, S S S S S 5 S FLEXITALLIC GASKET COMPANY, INC., S THE FLINTKOTE COMPANY, GAF S CORPORATION, GARLOCK, INC., S GENERAL ELECTRIC CO., ITT CORPORATION, NATIONAL GYPSUM $ COMPANY, THE OKONITE CO., $ OWENS-CORNING FIBERGLASS $ CORPORATION, OWENS-ILLINOIS INC., PITTSBURGH CORNING CORPORATION S ROCK WOOL MANUFACTURING CO. INC. MANUFACTURING CO. INC., ROCKBESTOS PRODUCTS CO., ROME CABLE CORP., TURNER & NEWALL PLC, USX $ CORPORATION (INDIVIDUALLY AND F/D/B/A U.S. STEEL, AMERICAN STEEL $ AND WIRE, U.S. STEEL ELECTRICAL S CABLE, & TIGER BRAND), UNION CARBIDE CHEMICALS PLASTIC S COMPANY, UNITED STATES GYPSUM S COMPANY, W.R. GRACE COMPANY, WESTINGHOUSE ELECTRIC COMPANY Defendants, IN THE DISTRICT COURT OF JEFFERSON COUNTY, TEXAS Cn"-*ea zSS <? p0o9 -O C3 po \ \-o ->1 172ND JUDICIAL DISTRICT DEFENDANT, CAROL WIRE S CABLE CORPUS ANSWERS TO PLAINTIFF * S INTERROGATORIES TO: Counsel for the Defendants, The Aber Company, American Electrical cable, American Insulated wire, Inc., Armstrong World Industries, Inc., Carol Wire Cable (individually and d/b/a Crest Co. Miller Electric Co.}, Cerro Wire & cable Co., Inc., Essex Group, Fibreboard Corporation, Flexitallic Gasket Company, Inc., The Flintkote Company, GAF Corporation, Garlock, Inc., General Electric Co. , ITT Corporation, National SC-ELEC-10310 (' f Gypsum Company, The okonite Co., Owens-Cotning Fiberglas Corporation, Owens-Illinois Inc,, Pittsburgh corning Corporation, Rock wool Manufacturing Co., Inc., Rockbestos Products Co., Rome Cable Corp., Turner & Newall, PLC, USX Corporation (Individually and f/d/b/a u.s. steel, American Steel and Wire, U.S. Steel Electrical Cable & Tiger Brand), Union Carbide Chemicals & Plastic Company, United States Gypsum Company, w.R. Grace & Co., and Westinghouse Electric Company Defendant Carol wire & cable Corp. provides the following answers to Plaintiff's Interrogatories. Respectfully submitted, TBN: 13679800 Attorneys in Charge for Defendants CAROL WIRE & CABLE OF COUNSEL: HAIGHT, GARDNER, POOR & HAVENS 1100 Milam, Suite 2800 Houston, Texas 77002-5490 Tel: (713) 739-9202 Fax: (713) 739-7940 CERTIFICATE OP SERVICE I do hereby certify that a true and correct copy of the foregoing instrument was forwarded to all known counsel of record listed below by certified mail, return receipt requested on this /'/3<7\day of March, 1993 2 Richard N. Evans, Esq. Evans & Evans 2528 Calder Beaumont, TX 77702 R. Lynn Stevens, Esq. Weller, Wheelus & Green P. 0. BOX 350 Beaumont, TX 77704 Gary D. Ellington, Esq. Dehay & Blanchard 600 N. Pearl, 2500 S. Tower Dallas, TX 75201 James H. Powers, Esq. Weslayan Tower, Suite 24 Greenway Plaza Houston, TX 77046 1010 Paul J. Holmes, Esq. Holmes & Harris, P.C. 550 Fannin, Suite S45 Beaumont, TX 77701 Kent c. Sullivan, Esq. McFall & Sartwelle, P.C. 909 Fannin, Suite 2500 Houston, TX 77010 william J. Cozort, Jr., Esq. Bean & Manning 5847 San Felipe, Suite 1500 Houston, TX 77057 Edvard 0. Moody, Esq. 801 W. 4th St. Little Rock, AR 72201 120 Fifth Ave. Pittsburgh, PA 15222-3001 Gary D. Elliston, Esq. Dehay & Blanchard 600 N. Pearl, 2500 S. Tower Dallas, TX 75201 John Bissell, Esq. Strong, Pipkin & Nelson 595 Orleans, #1400 Beaumont, TX 77701 Gene M. Williams, Esq. Mehaffey & Webber P. 0. Box 16 Beaumont, TX 77704 T. John Ward, Esq. Brown, McCarroll Law Firm 2727 Allen Parkway, Suite 1300 Houston, TX 77019 B. Scott Tilley, Esq.. McGuire, Woods ft Battle one James cntr. , 901 E. Cary St. Richmond, VA 23219 Ned w. Johnson, Esq. Beckstein, oxford & Johnson 3535 Calder Ave. Beaumont, TX 77704 William A. Worthington, Esq. Sewell i Riggs 333 Clay Ave., Suite 800 Houston, TX 77002 David A. Damico, Esq. Burns, White & Hickton 2400 Fifth Ave. Pi. 3 GENERAL OBJECTIOK 1. Defendant objects to provision of any information and production of any documents covered by the attorney-client privilege or the work product privilege. The following information has been withheld from production: (a) All attorney-client privileged communications between defendant's counsel and defendant's agents and representatives. (b) All attorney work product created in connection with this litigation and the subject matter of this litigation. Information being withheld pursuant to this privilege includes documents prepared in connection with this lawsuit by defendant, counsel, defendant's agents and representatives at the request of counsel, and agents of counsel. (c) Upon request, defendant will provide plaintiff with an itemized list of all documents withheld from production with the exception of all defendant's counsels' attorneyclient privilege and work product documents related to and created in connection with plaintiff's demands and this lawsuit because the mere act of listing such documents compromises the attorney-client privilege and work product privilege. These documents would generally consist of research memoranda, attorney notes, letters between counsel, its agents, defendant, and defendant's agents, and file memoranda prepared by counsel. 2. THE FOREGOING GENERAL OBJECTION APPLIES TO PLAINTIFF'S INTERROGATORIES IN THEIR ENTIRETY AND IS TO BE READ INTO EACH ANSWER AND RESPONSE, AS IF FULLY SET OUT THEREIN. 3. AS TO ALL GENERAL AND SPECIFIC OBJECTIONS MADE HEREIN, AND TO THE EXTENT NECESSARY, DEFENDANT REQUESTS THAT THE COURT ISSUE AN APPROPRIATE PROTECTIVE ORDER PURSUANT TO TEX. R. CIV, P. 166b. 4 n ANSWERS TO INTERROGATORIES INTERROGATORY WO. 1: State the name, present business address, present residence and capacity or title of the individual signing these interrogatories on behalf of the answering defendant. ANSWER: Robert Rose, Vice President of Engineering, Carol Cable Company, 249 Roosevelt Avenue, Pawtucket, Rhode Island. INTERROGATORY No. 3: Has defendant, at any tine, engaged in the manufacture of electrical wire products containing asbestos fibers? ANSWER: NO. interrogatory NO. 5: Has defendant, at any time, engaged in the processing, distributing and/or marketing of material containing asbestos fibers? ANSWERi No. INTERROGATORY NO. 6: If the answer to one or more the last three questions is in the affirmative, please state as to each affirmative answer, the following: (a) The trade or brand name of each such product mined, manufactured or marketed. fb) The dates each such products were placed on the market. (c) The dates each of such products were withdrawn from the market. fdj A description of the physical (the chemical) composition of each such product, including the type of asbestos contained in each such product (i.e., amosite, chrysotile, tremolite and/or crocicolite) and the quantitative percentage of asbestos in each product. . (e) A description of the physical appearance of each such product. ' (f) A detailed description of the intended uses of each such product. (g) The name Of the manufacturer of each such product. (h) The mining or milling concern from which the raw asbestos fiber was obtained. 5 rIr-': ANSWER: Not applicable to Carol Wire & Cable. INTERROGATORY wo. 23: Have you received notice that any other person was claiming injury as a result of using asbestos products manufactured and/or sold by your company (both prior to and subsequent to the filing of this action)? ANSWER: Objection. The scope of this interrogatory is not limited to the product at issue and is thus overly broad and unduly burdensome. Furthermore, subsequent notices of injuries are irrelevant. Subject to the foregoing objections, yes. INTERROGATORY NO. 24; If so, please state: (a) The name and address of each claimant. (b) The date and notice of each claim. (c) A description of the claim (i.e., workmen's compensation, products liability, etc.). (d) The type of injuries allegedly sustained. (e) The name and address of each attorney who represents the individuals making such claims. (f) The style and court number of each claim currently pending. (g) The resolution of each claim that has been settled or taken to judgment. ANSWER; Objection. Defendant Carol Wire & Cable objects to this interrogatory to the extent, that it asks for information that is subject to the attorney-client, attorney work product, and party communication privileges and to the extent that it asks for information regarding witness statements or the identity, mental impressions, or opinions of consulting experts. Carol Wire & Cable also objects to the request because it is overly broad, is not calculated to lead to the discovery of admissible evidence, is harrassing, unduly burdensome, and is calculated to cause Carol wire & Cable to incur unnecessary expense. IN~ERROGATORY_NO. 25: Do you have any records indicating that any of your products containing asbestos fibers were sold to any of the companies named as co-defendants in this suit? 6 ANSWER: Defendant Carol Wire & Cable objects to this request because it is overly broad, is not calculated to lead to the discovery of admissible evidence, is harassing, unduly burdensome and calculated to oauac Carol Wire 6 Coble to incur unnecessary expense in that it does not specify the product that plaintiff is claiming caused the damage. Subject to the foregoing objections, no. INTERROGATORY NO.26; If so, please state: (a) The name, address, and job classification of each individual who currently has possession of such records. (b) Please list the names of each co-defendant to whom your products have been sold. (c) Please state the dates of each such sale and the amount and kind of materials sold. (d) State whether your company manufactured asbestos containing electrical wire products for a co-defendant but placed said co-defendants labels, containers on said products and list co defendant. ANSWER: Defendant Carol Wire & Cable objects to this request because it is overly broad, is not calculated to-lead to the discovery of admissible evidence, is harassing, unduly burdensome and calculated to cause Carol Wire & Cable to incur unnecessary expense in that it does not specify the product that plaintiff is claiming caused the damage. Subject to these objections, this Interrogatory is not applicable to Carol Wire & Cable. INTERROGATORY NO. 381 If the answer to Interrogatory No. 3 is no, please state: (a) From what sources, if any, did your company obtain asbestos containing electrical cable wire products since 1945. (b) Whether any warnings, cautions, caveats or directions accompany the material referred to in (a) and the nature and extent of said warnings, cautions, caveats or directions accompanying asbestos materials. (C) Approximately what date said warnings, cautions, caveats or directions first appeared on the manufactured asbestos or asbestos material. 7 ANSWER: Not applicable to Carol wire Cable. INTERROGATORY NO. 56t Please state the names ana addresses of all personnel employed by defendant from 1930 until the present time who functioned as industrial hygienists or toxicologists. As contemplated by these Interrogatories, an industrial hygienist is one who performs engineering or health studies to identify and evaluate potential occupational health hazards and suggest methods of dealing with same. Please state: (a) The facility or office to which they were assigned. (b) Their complete and precise duties and responsibilities. ANSWER: carol Wire & Cable objects to this interrogatory because it ifi overly broad and unduly burdensome and is calculated to cause Carol Wire Cable to incur unnecessary expense. Subject to the foregoing exceptions, this interrogatory is not applicable to Carol Wire & Cable. INTERROGATORY NO. 57: Please state if the defendant's medical officers ever made, at any time, any recommendations and/or suggestions to the defendant pertaining to the risks or hazards to persons involved in the manufacturing or use of electrical wire products containing asbestos? If so, please state: (a) Where were such recommendations and/or suggestions made? (b) To whom where suggestions made? were such recommendations and/or fc) By whom where suggestions made? were such recommendations and/or (d) The substance of the recommendations and/or suggestions. answer.- Not applicable to carol wire & cable. interrogatory no. 58i Please state the names of trade association periodicals to which the defendant subscribed from 1928 to the present date. State whether or not the defendant has any knowledge of any articles being printed in industry trade journals, essays, memoranda and other similar sources pertaining to the hazardous potentials of asbestos and which of such articles were received by you. R r. ANSWER: Carol Wire A Cable objects to this interrogatory because it is overly broad and unduly burdensome and is calculated to cause Carol Wire & Cable to incur unnecessary expense. Subject to the foregoing objections, this interrogatory is not applicable to Carol Wire A Cable. INTERROGATORY no. 61: Please state the amounts spent or contributed by the defendant annually from 1936 until the present time for research specifically directed to the relationship, if any, between an electrical worker's exposure to asbestos containing electrical wire products and asbestosis, lung cancer or any other pulmonary disease. ANSWER; Carol Wire t Cable objects to this interrogatory because it is overly broad and unduly burdensome and is calculated to cause Carl Wire A Cable to incur unnecessary expense. Subject to the foregoing objections, this interrogatory is not applicable to Carol Wire A Cable. INTERROGATORY NO. 65: Please state the scientific or medical periodicals to which the defendant, its medical department or industrial hygiene division subscribed during the period between 1950 and 1964, specifying the date such subscriptions were begun. ANSWER: Not applicable to Carol Wire A Cable. INTERROGATORY NO. 67; Please state whether any employee of the defendant has ever made a claim for asbestosis under the occupational Disease or Workmen's Compensation Statute of any stats. If so, please state the date that the defendant first received notice of any claim for asbestosis under the Occupational Disease or Workmen's Compensation statute of any state and state the total number of claims filed for the years 1946 to present. ANSWER: Carol Wire A Cable objects to this interrogatory because the claims inquired about are not reasonably similar to the present claim are thus irrelevant. Subject to the foregoing objectione, the answer is no, not to the best of Carol Wire 6 Cable's knowledge. INTERROGATORY NO. 68: Is the defendant a member of the Asbestos Textile Institute? If so, when did it first become a member and list the years inclusively of membership? 9 ANSWER: NO. INTERROGATORY MO. 71: Has the defendant ever been a member of the Industrial Hygiene Foundation or the Industrial Health Foundation and, if so, state the years inclusively of such Membership. ANSWER: No. interrogatory no. 75: Did the defendant sponsor, since 1930, for its employees or distributors any meetings, seminars, conferences, or conventions where the subject of occupational health and exposure to asbestos was discussed? ANSWER: Carol Wire & Cable objects to tfcis interrogatory because it is overly broad and unduly burdensome. Subject to the foregoing objections, the answer is no. INTERROGATORY NO. 77; Did the defendant ever warn any labor union representing electrical wire workers or any potential health hazard from use of electrical wire products containing asbestos? ANSWER: No. INTERROGATORY NO. 78: If the answer to the preceding interrogatory is in the affirmative, please state: (a) The Union. (b) How said Union was formed. (cj The date and place of said information or warning. (d) The content and nature of said warnings. (e) The individual or individuals warned, ANSWER: Not applicable. INTERROGATORY NO. 88: Please identify all booklets, manuals, journals, and all publications directed from you to customers and users of all asbestos containing electrical wire products and the dates said information was forwarded regarding tie proper use and application of your asbestos containing insulation products. ANSWER; Carol Wire & Cable objects to this interrogatory because it does not specify the product that plaintiff is 10 claiming caused the damage and discovery on other products is irrelevant. Subject to the foregoing objections, this interrogatory is not applicable to Carol Wire & Cable. INTERROGATORY NQ. 89; At any time prior to 1964, were any tests or studies conducted or sponsored by you to determine: (a) The level of dust or fiber concentration incident to: (i) cutting or sawing your electrical wire products containing asbestos; (ii) Implacing the production on (1) pipes, (2) boilers; (iii) Tearing down the product during repair and maintenance functions. (b) Whether long term (20 years or more) exposure to electrical wire products containing 15% asbestos or less for work periods less than 8 hours a day, both indoors and outdoors, which resulted in the liberation of asbestos dust or fiber below 5 million particles per cubic foot (mppcf) might cause asbestosis or expose such worker to an increased statistical risk of contracting: (i) Bronchogenic cancer; (ii) Mesothelioma (pleural or peritoneal); (iii) Gastrointestinal cancer. ANSWER: Carol Wire & Cable objects to this interrogatory because it is unclear what plaintiff is asking. Subject to the foregoing objections, the answer is no. INTERROGATORY WO. 9d : State the date and the source from which you received your first notice and awareness of threshold limit values pertaining to the concentration of airborne asbestos fibers. ANSWER: Objection. Carol Wire & Cable objects to this interrogatory to the extent that it asks for information subject to the attorney-client, attorney work product and party communication privileges. Carol wire & Cable has learned through counsel information regarding threshold limit values pertaining to concentration of airborne asbestos fibers. This information is subject to ii the attorney-client, attorney work product and party communication privileges. Furthermore, this question is not applicable to Carol Wire Sr Cable since it did not manufacture asbestos containing products. INTERROGATORY WO. 9S: Describe what action was taken by you prior to 1960 to determine whether wire mechanics who were applying your asbestos containing electrical wire products were exposed to concentrations below the TLV and state the date and nature of each action taken by you. answer: Not applicable. INTERROGATORY NO. 96: State your knowledge as to the manner in which your asbestos containing electrical wire products were cut, sawed, fabricated and prepared for application upon job sites since 1940, by asbestos wire mechanics. ANSWER; Objection. Calls for speculation as Carol Wire & Cable would have no personal knowledge of this. Subject to the foregoing objection, this interrogatory is not applicable to Carol Wire & Cable. interrogatory no. 98: please state whether or not you ever obtained any knowledge concerning the likelihood of asbestos inhalation being hazardous to health and, if so, state when the corporation first learned of the hazardous potential of asbestos and its products. State how the defendant first obtained this knowledge of said hazards and from what source this information was obtained. answer: Objection. Defendant Carol Wire 6 cable objects to this interrogatory because it asks for information that is subject to the attorney-client, attorney work product, and party communication privileges. INTERRQGATORY NO. 112: Please state the date when you first notified your employees working in your manufacturing plants and factories as to the need to wear and use respirators. ANSWERi Not applicable. INTERROGATORY NO. 113; Please state the date when you first notified asbestos wire mechanics applying your asbestos electrical wire products as to the need to wear respirators. 12 ANSWER: Not applicable. interrogatory no. 116: State whether any officers, agents, servants or employees of the defendant has ever testified before any governmental body regarding the possible harmful effects of asbestos exposure. If so, please state: (a) When and where such testimony was given. (b) Summary of said testimony* (c) If recorded and, if so, attach a copy of the answer to these interrogatories. ANSWER: No. INTERROGATORY NO. 129: Please state if the defendant intends to assert that it does not or has not manufactured, sold, distributed, or supplied asbestos electrical wire materials to the area including Arkansas, Louisiana, Texas, Oklahoma and Tennessee. ANSWER: Carol Wire & Cable does not and has not manufactured asbestos-containing products. carol Wire & Cable has no reason to believe that it ever sold or distributed or supplied asbestos-containing products to the states of Arkansas, Louisiana, Texas, Oklahoma and Tennessee. q:haaieUu<j4\|biiu .ref 143. What percentage of your total purchases are from Arkansas and Texas7 144. State whether you sold any asbestos products to any United States governmental agency and, if so: (a) List each such agency. (b) The year of each such sale. (c) The final government destination of each such product sold. 145. Do you do business in the area designated by the State of Texas, as the Jefferson County Judicial District Court? 146. state whether defendant belonged to, or was an associate or correspondent of, the Asbestos Research council of England. 147. State whether defendant sold or distributed any asbestos products to English firms or corporations for any year from 1948 to present. VERIFICATION I Robert Rose, being duly sworn according to law do depose and say as follows: That tne preceding answers to interrogatories are true and correct to the best of my knowledge, information and belief. These answers to interrogatories were prepared in reliance upon the current records of Carol Cable company. Robert Rose -31- STATE OF RHODE ISLAND COUNTY OF Subscribed and sworn to before me at ' wu > j f Rhode Island, this ^C~/; day of - ^iU '0 4> . 1993. : % At*. t,yS ^JL-( -t /, Notary Public 94S0N/1-32 kfyrnrtur^r- -32- Ri V*"w u CAUSE NO. -143,871 BAHON <> HELEN GAMBRELL, INDIVIDUALLY AND AS THE SPECIAL ADMINISTRATRIX OF THE ESTATE OF ROBERT GAMBRELL, DECEASED Plaintiffs v. THE ABER COMPANY, AMERICAN ELECTRICAL CABLE, AMERICAN INSULATED WIRE, INC., ARMSTRONG WORLD INDUSTRIES, INC., CAROL WIRE & CABLE (INDIVIDUALLY AND D/B/A CREST CO. & MILLER ELECTRIC CO.), CERRO WIRE & CABLE CO., INC., ESSEX GROUP, FIBREBOARD CORPORATION, FLEXITALLIC GASKET COMPANY, INC., THE FLINTKOTE COMPANY, GAF CORPORATION, GARLOCK, INC., GENERAL ELECTRIC CO., ITT CORPORATION, NATIONAL GYPSUM COMPANY, THE OKONITE CO., OWENS-CORNING FIBERGLASS CORPORATION, OWENS-ILLINOIS INC., PITTSBURGH CORNING CORPORATION ROCK WOOL MANUFACTURING CO. INC. MANUFACTURING CO. INC., ROCKBESTOS PRODUCTS CO., ROME CABLE CORP., TURNER & NEWALL PLC, USX CORPORATION (INDIVIDUALLY AND F/D/B/A U.S. STEEL, AMERICAN STEEL AND WIRE, U.S. STEEL ELECTRICAL CABLE, & TIGER BRAND), UNION CARBIDE CHEMICALS & PLASTIC s COMPANY, UNITED STATES GYPSUM COMPANY, W.R. GRACE & COMPANY, WESTINGHOUSE ELECTRIC COMPANY Defendants. IN THE DISTRICT COURT OF JEFFERSON COUNTY, TEXAS 172ND JUDICIAL DISTRICT DEFENDANT. CAROL WIRE & CABLE CORP.'S ANSWERS TO PLAINTIFF'S INTERROGATORIES TO: Counsel for the Defendants, The Aber Company, American Electrical Cable, American Insulated Wire, Inc., Armstrong World Industries, Inc., Carol Wire & Cable (Individually and d/b/a Crest Co. & Miller Electric Co.), Cerro Wire & Cable Co., Inc., Essex Group, Fibreboard Corporation, Flexitallic Gasket Company, Inc., The Flintkote Company, GAF Corporation, Garlock, Inc., General Electric Co., ITT Corporation, National Gypsum Company, The Okonite Co., Owens-Corning Fiberglas Corporation, Owens-Illinois Inc., Pittsburgh Corning Corporation, Rock Wool Manufacturing Co. , Inc., Rockbestos Products Co., Rome Cable Corp., Turner & Newall, PLC, USX Corporation (Individually and f/d/b/a U.S. Steel, American Steel and Wire, U.S. Steel Electrical Cable & Tiger Brand), Union Carbide Chemicals & Plastic Company, United States Gypsum Company, W.R. Grace & Co., and Westinghouse Electric Company Defendant Carol Wire & Cable Corp. provides the following answers to Plaintiff's Interrogatories. Respectfully submitted, TBN: 13679800 Attorneys in Charge for Defendants CAROL WIRE & CABLE OF COUNSEL: HAIGHT, GARDNER, POOR & HAVENS 1100 Milam, Suite 2800 Houston, Texas 77002-5490 Tel: (713) 739-9202 Fax: (713) 739-7940 LA--- CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing instrument was forwarded to all known counsel of record listed below by certified mail, return receipt requested on this day of March, 1993 . d 'Ji Katja qiockner 2 Richard N. Evans, Esq. Evans & Evans 2528 Calder Beaumont, TX 77702 R. Lynn Stevens, Esq. Weller, Wheelus & Green P. 0. Box 350 Beaumont, TX 77704 Gary D. Ellington, Dehay & Blanchard 600 N. Pearl, 2500 Dallas, TX 75201 Esq. S. Tower James H. Powers, Esq. Weslayan Tower, Suite 24 Greenway Plaza Houston, TX 77046 1010 Paul J. Holmes, Esq. Holmes & Harris, P.C. 550 Fannin, Suite 845 Beaumont, TX 77701 Kent C. Sullivan, Esq. McFall & Sartwelle, P.C. 909 Fannin, Suite 2500 Houston, TX 77010 William J. Cozort, Jr., Esq. Bean & Manning 5847 San Felipe, Suite 1500 Houston, TX 77057 Edward O. Moody, Esq. 801 W. 4th St. Little Rock, AR 72201 120 Fifth Ave. Pittsburgh, PA 15222-3001 Gary D. Elliston, Esq. Dehay & Blanchard 600 N. Pearl, 2500 S. Tower Dallas, TX 75201 John Bissell, Esq. Strong, Pipkin & Nelson 595 Orleans, #1400 Beaumont, TX 77701 Gene M. Williams, Esq. Mehaffey & Webber P. O. Box 16 Beaumont, TX 77704 T. John Ward, Esq. Brown, McCarroll Law Firm 2727 Allen Parkway, Suite Houston, TX 77019 1300 B. Scott Tilley, Esq. McGuire, Woods & Battle One James Cntr. , 901 E. Cary St. Richmond, VA 23219 Ned W. Johnson, Esq. Beckstein, Oxford & Johnson 3535 Calder Ave. Beaumont, TX 77704 William A. Worthington, Esq. Sewell & Riggs 333 Clay Ave., Suite 800 Houston, TX 77002 David A. Damico, Esq. Burns, White & Hickton 2400 Fifth Ave. PI. 3 GENERAL OBJECTION 1. Defendant objects to provision of any information and production of any documents covered by the attorney-client privilege or the work product privilege. The following information has been withheld from production: (a) All attorney-client privileged communications between defendant's counsel and defendant's agents and representatives. (b) All attorney work product created in connection with this litigation and the subject matter of this litigation. Information being withheld pursuant to this privilege includes documents prepared in connection with this lawsuit by defendant, counsel, defendant's agents and representatives at the request of counsel, and agents of counsel. (c) Upon request, defendant will provide plaintiff with an itemized list of all documents withheld from production with the exception of all defendant's counsels' attorneyclient privilege and work product documents related to and created in connection with plaintiff's demands and this lawsuit because the mere act of listing such documents compromises the attorney-client privilege and work product privilege. These documents would generally consist of research memoranda, attorney notes, letters between counsel, its agents, defendant, and defendant's agents, and file memoranda prepared by counsel. 2. THE FOREGOING GENERAL OBJECTION APPLIES TO PLAINTIFF'S INTERROGATORIES IN THEIR ENTIRETY AND IS TO BE READ INTO EACH ANSWER AND RESPONSE, AS IF FULLY SET OUT THEREIN. 3. AS TO ALL GENERAL AND SPECIFIC OBJECTIONS MADE HEREIN, AND TO THE EXTENT NECESSARY, DEFENDANT REQUESTS THAT THE COURT ISSUE AN APPROPRIATE PROTECTIVE ORDER PURSUANT TO TEX. R. CIV. P, 166b. 4 ANSWERS TO INTERROGATORIES INTERROGATORY NO. 1: State the name, present business address, present residence and capacity or title of the individual signing these interrogatories on behalf of the answering defendant. ANSWER: Robert Rose, Vice President of Engineering, Carol Cable Company, 249 Roosevelt Avenue, Pawtucket, Rhode Island. INTERROGATORY No. 3: Has defendant, at any time, engaged in the manufacture of electrical wire products containing asbestos fibers? ANSWER: No. INTERROGATORY NO. 5: Has defendant, at any time, engaged in the processing, distributing and/or marketing of material containing asbestos fibers? ANSWER: No. INTERROGATORY NO. 6: If the answer to one or more the last three questions is in the affirmative, please state as to each affirmative answer, the following: (a) The trade or brand name of each such product mined, manufactured or marketed. (b) The dates each such products were placed on the market. (c) The dates each of such products were withdrawn from the market. (d) A description of the physical (the chemical) composition of each such product, including the type of asbestos contained in each such product (i.e., amosite, chrysotile, tremolite and/or crocicolite) and the quantitative percentage of asbestos in each product. (e) A description of the physical appearance of each such product. (f) A detailed description of the intended uses of each such product. (g) The name of the manufacturer of each such product. (h) The mining or milling concern from which the raw asbestos fiber was obtained. 5 ANSWER: Not applicable to Carol Wire & Cable. INTERROGATORY NO. 23: Have you received notice that any other person was claiming injury as a result of using asbestos products manufactured and/or sold by your company (both prior to and subsequent to the filing of this action)? ANSWER: Objection. The scope of this interrogatory is not limited to the product at issue and is thus overly broad and unduly burdensome. Furthermore, subsequent notices of injuries are irrelevant. Subject to the foregoing objections, yes. INTERROGATORY NO. 24: If so, please state: (a) The name and address of each claimant. (b) The date and notice of each claim. (c) A description of the claim (i.e.f workmen's compensation, products liability, etc.). (d) The type of injuries allegedly sustained. (e) The name and address of each attorney who represents the individuals making such claims. (f) The style and court number of each claim currently pending. (g) The resolution of each claim that has been settled or taken to judgment. ANSWER: Objection. Defendant Carol Wire & Cable objects to this interrogatory to the extent that it asks for information that is subject to the attorney-client, attorney work product, and party communication privileges and to the extent that it asks for information regarding witness statements or the identity, mental impressions, or opinions of consulting experts. Carol Wire & Cable also objects to the request because it is overly broad, is not calculated to lead to the discovery of admissible evidence, is harrassing, unduly burdensome, and is calculated to cause Carol Wire & Cable to incur unnecessary expense. INTERROGATORY NO. 25: Do you have any records indicating that any of your products containing asbestos fibers were sold to any of the companies named as co-defendants in this suit? 6 ANSWER: Defendant Carol Wire & Cable objects to this request because it is overly broad, is not calculated to lead to the discovery of admissible evidence, is harassing, unduly burdensome and calculated to cause Carol Wire & Cable to incur unnecessary expense in that it does not specify the product that plaintiff is claiming caused the damage. Subject to the foregoing objections, no. INTERROGATORY NO.26: If so, please state: (a) The name, address, and job classification of each individual who currently has possession of such records. (b) Please list the names of each co-defendant to whom your products have been sold. (c) Please state the dates of each such sale and the amount and kind of materials sold. (d) State whether your company manufactured asbestos containing electrical wire products for a co-defendant but placed said co-defendants labels, containers on said products and list co defendant. ANSWER: Defendant Carol Wire & Cable objects to this request because it is overly broad, is not calculated to'lead to the discovery of admissible evidence, is harassing, unduly burdensome and calculated to cause Carol Wire & Cable to incur unnecessary expense in that it does not specify the product that plaintiff is claiming caused the damage. Subject to these objections, this Interrogatory is not applicable to Carol Wire & Cable. INTERROGATORY NO. 38: If the answer to Interrogatory No. 3 is no, please state: (a) From what sources, if any, did your company obtain asbestos containing electrical cable wire products since 1945. (b) Whether any warnings, cautions, caveats or directions accompany the material referred to in (a) and the nature and extent of said warnings, cautions, caveats or directions accompanying asbestos materials. (c) Approximately what date said warnings, cautions, caveats or directions first appeared on the manufactured asbestos or asbestos material. 7 ANSWER: Not applicable to Carol Wire & Cable. INTERROGATORY NO. 56: Please state the names and addresses of all personnel employed by defendant from 1930 until the present time who functioned as industrial hygienists or toxicologists. As contemplated by these Interrogatories, an industrial hygienist is one who performs engineering or health studies to identify and evaluate potential occupational health hazards and suggest methods of dealing with same. Please state: (a) The facility or office to which they were assigned. (b) Their complete and precise duties and responsibilities. ANSWER: Carol Wire & Cable objects to this interrogatory because it is overly broad and unduly burdensome and is calculated to cause Carol Wire & Cable to incur unnecessary expense. Subject to the foregoing exceptions, this interrogatory is not applicable to Carol Wire & Cable. INTERROGATORY NO. 57: Please state if the defendant's medical officers ever made, at any time, any recommendations and/or suggestions to the defendant pertaining to the risks or hazards to persons involved in the manufacturing or use of electrical wire products containing asbestos? If so, please state: (a) Where were such recommendations and/or suggestions made? (b) To whom suggestions made? where were such recommendations and/or (c) By whom suggestions made? where were such recommendations and/or (d) The substance of the recommendations and/or suggestions. ANSWER: Not applicable to Carol Wire & Cable. INTERROGATORY NO. 58: Please state the names of trade association periodicals to which the defendant subscribed from 1928 to the present date. State whether or not the defendant has any knowledge of any articles being printed in industry trade journals, essays, memoranda and other similar sources pertaining to the hazardous potentials of asbestos and which of such articles were received by you. 8 ANSWER: Carol Wire & Cable objects to this interrogatory because it is overly broad and unduly burdensome and is calculated to cause Carol Wire & Cable to incur unnecessary expense. Subject to the foregoing objections, this interrogatory is not applicable to Carol Wire & Cable. INTERROGATORY NO. 61: Please state the amounts spent or contributed by the defendant annually from 1936 until the present time for research specifically directed to the relationship, if any, between an electrical worker's exposure to asbestos containing electrical wire products and asbestosis, lung cancer or any other pulmonary disease. ANSWER: Carol Wire & Cable objects to this interrogatory because it is overly broad and unduly burdensome and is calculated to cause Carl Wire & Cable to incur unnecessary expense. Subject to the foregoing objections, this interrogatory is not applicable to Carol Wire & Cable. INTERROGATORY NO. 65: Please state the scientific or medical periodicals to which the defendant, its medical department or industrial hygiene division subscribed during the period between 1950 and 1964, specifying the date such subscriptions were begun. ANSWER: Not applicable to Carol Wire & Cable. INTERROGATORY NO, 67: Please state whether any employee of the defendant has ever made a claim for asbestosis under the Occupational Disease or Workmen1s Compensation Statute of any state. If so, please state the date that the defendant first received notice of any claim for asbestosis under the Occupational Disease or Workmen's Compensation Statute of any state and state the total number of claims filed for the years 1946 to present. ANSWER: Carol Wire & Cable objects to this interrogatory because the claims inquired about are not reasonably similar to the present claim are thus irrelevant. Subject to the foregoing objections, the answer is no, not to the best of Carol Wire & Cable's knowledge. INTERROGATORY NO. 68: Is the defendant a member of the Asbestos Textile Institute? If so, when did it first become a member and list the years inclusively of membership? 9 ANSWER: No. INTERROGATORY NO. 71: Has the defendant ever been a member of the Industrial Hygiene Foundation or the Industrial Health Foundation and, if so, state the years inclusively of such membership. ANSWER: No. INTERROGATORY NO. 75: Did the defendant sponsor, since 1930, for its employees or distributors any meetings, seminars, conferences, or conventions where the subject of occupational health and exposure to asbestos was discussed? ANSWER: Carol Wire & Cable objects to this interrogatory because it is overly broad and unduly burdensome. Subject to the foregoing objections, the answer is no. INTERROGATORY NO. 77: Did the defendant ever warn any labor union representing electrical wire workers or any potential health hazard from use of electrical wire products containing asbestos? ANSWER: No. INTERROGATORY NO. 78: If the answer to the preceding interrogatory is in the affirmative, please state: (a) The Union. (b) How said Union was formed. (c) The date and place of said information or warning. (d) The content and nature of said warnings. (e) The individual or individuals warned. ANSWER: Not applicable. INTERROGATORY NO. 88: Please identify all booklets, manuals, journals, and all publications directed from you to customers and users of all asbestos containing electrical wire products and the dates said information was forwarded regarding the proper use and application of your asbestos containing insulation products. ANSWER: Carol Wire & Cable objects to this interrogatory because it does not specify the product that plaintiff is 10 claiming caused the damage and discovery on other products is irrelevant. Subject to the foregoing objections, this interrogatory is not applicable to Carol Wire & Cable. , INTERROGATORY NO. 89: At any time prior to 1964, were any tests or studies conducted or sponsored by you to determine: (a) The level of dust or fiber concentration incident to: (i> cutting or sawing your electrical wire products containing asbestos; (ii) Implacing the production on (1) pipes, (2) boilers; (iii) Tearing down the product during repair and maintenance functions. (b) Whether long term (20 years or more) exposure to electrical wire products containing 15% asbestos or less for work periods less than 8 hours a day, both indoors and outdoors, which resulted in the liberation of asbestos dust or fiber below 5 million particles per cubic foot (mppcf) might cause asbestosis or expose such worker to an increased statistical risk of contracting: (i) Bronchogenic cancer; (ii) Mesothelioma (pleural or peritoneal); (iii) Gastrointestinal cancer. ANSWER: Carol Wire & Cable objects to this interrogatory because it is unclear what plaintiff is asking. Subject to the foregoing objections, the answer is no. INTERROGATORY NO. 94: State the date and the source from which you received your first notice and awareness of threshold limit values pertaining to the concentration of airborne asbestos fibers. ANSWER: Objection. Carol Wire & Cable objects to this interrogatory to the extent that it asks for information subject to the attorney-client, attorney work product and party communication privileges. Carol Wire & Cable has learned through counsel information regarding threshold limit values pertaining to concentration of airborne asbestos fibers. This information is subject to 11 the attorney-client, attorney work product and party communication privileges. Furthermore, this question is not applicable to Carol Wire & Cable since it did not manufacture asbestos containing products. INTERROGATORY NO. 95: Describe what action was taken by you prior to 1960 to determine whether wire mechanics who were applying your asbestos containing electrical wire products were exposed to concentrations below the TLV and state the date and nature of each action taken by you. ANSWER: Not applicable. INTERROGATORY NO. 96: State your knowledge as to the manner in which your asbestos containing electrical wire products were cut, sawed, fabricated and prepared for application upon job sites since 1940, by asbestos wire mechanics. ANSWER: Objection. Calls for speculation as Carol Wire & Cable would have no personal knowledge of this. Subject to the foregoing objection, this interrogatory is not applicable to Carol Wire & cable. INTERROGATORY NO. 98: Please state whether or not you ever obtained any knowledge concerning the likelihood of asbestos inhalation being hazardous to health and, if so, state when the corporation first learned of the hazardous potential of asbestos and its products. State how the defendant first obtained this knowledge of said hazards and from what source this information was obtained. ANSWER: Objection. Defendant Carol Wire & Cable objects to this interrogatory because it asks for information that is subject to the attorney-client, attorney work product, and party communication privileges. INTERROGATORY NO. 112: Please state the date when you first notified your employees working in your manufacturing plants and factories as to the need to wear and use respirators. ANSWER: Not applicable. INTERROGATORY NO. 113: Please state the date when you first notified asbestos wire mechanics applying your asbestos electrical wire products as to the need to wear respirators. 12 ANSWER: Not applicable. INTERROGATORY NO. 116: State whether any officers, agents, servants or employees of the defendant has ever testified before any governmental body regarding the possible harmful effects of asbestos exposure. If so, please state: (a) When and where such testimony was given. (b) Summary of said testimony. (c) If recorded and, if so, attach a copy of the answer to these interrogatories. ANSWER: No. INTERROGATORY NO. 129: Please state if the defendant intends to assert that it does not or has not manufactured, sold, distributed, or supplied asbestos electrical wire materials to the area including Arkansas, Louisiana, Texas, Oklahoma and Tennessee. ANSWER: Carol Wire & Cable does not and has not manufactured asbestos-containing products. Carol Wire & Cable has no reason to believe that it ever sold or distributed or supplied asbestos-containing products to the states of Arkansas, Louisiana, Texas, Oklahoma and Tennessee. q: home\katja\gcbtt.rog 13 143. What percentage of your total purchases are from Arkansas and Texas? 144. State whether you sold any asbestos products to any United States governmental agency and, if so: (a) List each such agency. (b) The year of each such sale. (c) The final government destination of each such product sold. 145. Do you do business in the area designated by the State of Texas, as the Jefferson County Judicial District Court? 146. State whether defendant belonged to, or was an associate or correspondent of, the Asbestos Research Council of England. 147. State whether defendant sold or distributed any asbestos products to English firms or corporations for any year from 1948 to present. VERIFICATION I Robert Rose, being duly sworn according to law do depose and say as follows: That the preceding answers to interrogatories are true and correct to the best of my knowledge, information and belief. These answers to interrogatories were prepared in reliance upon the current records of Carol Cable Company. Robert Rose -31- STATE OF RHODE ISLAND COUNTY OF />/eoyip/Vf _ Subscribed and sworn to before me at 1 rfu /i'V7~ . Rhode Island, this day of /^/a!<LU . 1993. /?._ CL /.<. Notary Public 9490N/1-32