Document OJXNZadK8w0Y0K9bL430ggZB1

NOW--10--1994 14:27 FROM DRAYDEN UYOE & WOOD LLP TO 1 LA ILS64 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DORIS EIRVEN, Individually and as Representative of the ESTATE OF ROBERT H. EIRVEN, Deceased, ROBERT EIRVEN, OR. AND SHEILA EIRVEN Plaintiffs VS. UNION CARBIDE CHEMICAL AND PLASTICS COMPANY, INC., Defendant S $ $ 5 S $ C A. No H-94-1103 PLAINTIFF'S RESPONSES TO DEFENDANT'S SUPPLEMENTAL REQUESTS FOR PRODUCTION The undersigned, DORIS eirven, Individually and as Representative of the Estate of Robert H. Eirven, Deceased, Plaintiffs herein, submit the attached Responses to Defendant, Union Carbide's, Supplemental Set of Requests for Production of Documents. Respectfully submitted, WILLIAMS, BAXLEY & WESNER, L.L.P* BY: CATHERINE BAEN TBN: 01501500 8441 Gulf Freeway - Suite 600 Houston, Texas 77017-5001 (713) 649-6454 (7X3 > 643-6226 (FAX) ATTORNEYS FOR PLAINTIFFS UCC 073615 NOU--10-1994 14:27 FROM DRAYDEN UVCHE & LJOOD LLP TO 12129062021-02030005 P.12 CERTIFICATE OP SBRVICB This is to certify that a true and correct copy of the foregoing document was sent to all counsel of record on this day of z? 1994 by Certified Mail, Return Receipt Requested and/or by Facsimile and/or by Hand Delivery, Catherine Baen VCC 073616 NOU--10--1994 14:27 FRCri DRftYDEN UYCHE & UCDD LLP TO 12129062021-02030005 P. 13 PLAINTIFF'S RESPONSES TO DEFENDANT ' fi SUPPLEMENTAL REQUESTS FOR PRODUCTION GENERAL OBJECTION Plaintiff objects to the "Instructions" portion of Defendant Union Carbide Company's Request for Production. Plaintiff will answer Request for Production in accordance with the appropriate Rules of Civil procedure. 1. Please produce all documents pertaining to or in connection with: "Plaintiff's allege that the Defendant, Union Carbide Chemical and Plastics Company, Inc. knew or should have known that the chemical vinyl chloride or products containing vinyl chloride which it prepared and/or processed and/or used and/or handled were deleterious, carcinogenic, and highly harmful to the health and body of decedent, Robert E. Eirven, and that the decadent would not have known of such dangerous propensities: notwithstanding which, said defendant failed to warn its employees, such as the decadent, of such dangerous propensities; material compiled by experts pertaining to the safe and/or dangerous nature of the chemical vinyl chloride or products containing vinyl chloride and to act accordingly to render its use and handling by its employees, such as the decedent, go as not to expose them to said dangerous propensities; and furthermore, failed to provide its employees, such as the decedent, with sufficient information to warn them of the hazardous and dangerous propensities of the chemical vinyl chloride and products containing vinyl chloride; and further failed to provide its employees, including the decedent, with appropriate personal protective equipment so as to eliminate and.or reduce said individuals' exposures to the chemical vinyl chloride or products containing vinyl chloride." RESPONSE: Objection, this Request for Production is invasive of the attorney work product and attorney-client privilege. Subject to and without waiving same, discovery is in its early stages and ongoing. Plaintiff will supplement at a later date. 2. Please produce all documents pertaining to or in connection with: "Furthermore, and without waiving the above, Plaintiffs would show that the aforementioned Defendant, individually, or November x, 1994 10i3am UCC 073617 NDU-10-1994 1-4:20 FRL1 DRAYDEN UYCHE 8. UOOD U_P TO 12129062021-02030005 P.14 collectively with industry, entered into a conspiracy to withhold medical and scientific information from its employees, such as Robert H. Eirven, deceased, who worked with an/or around and/or handled the chemical vinyl chloride or products containing vinyl chloride when it had such knowledge from available scientific and medical literature.n RESPONSE -f Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later date. 3. Please produce all documents pertaining to or in connection with: "That Defendant knew or should have known that the aforementioned chemical, vinyl chloride, that It manufactured and/or sold and/or distributed and/or placed in the stream of commerce was deleterious, poisonous, carcinogenic, and highly harmful to the body and health of decedent, Robert H. Eirven, and that the decedent, Robert H. Eirven, would not have known of such dangerous propensities; notwithstanding which, Defendant negligently failed to take any reasonable precautions or to warn the decedent of the danger and harm to which he was exposed while he was handling the Defendant's chemical, vinyl chloride." RESPONSE: Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later date. RESPONSE: Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the CI\aab\Iicvon RaspnaA ?OVnbC 9. 1994 UCC 073618 2 NOU-10-1994 14:39 FROM DRAYDEN UYCHE & UOQD LLP TO 12129082021-03030005 P.15 attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is its early stages and is ongoing, therefore Plaintiff will supplement at a later date. in 4. Please produce all documents pertaining to or in connection with "That Defendant knew or should have known that the chemical vinyl chloride that it manufactured and/or sold and/or distributed and/or placed in the stream of commerce was deleterious, poisonous, carcinogenic and highly harmful to the body and health of decadent, Robert H. Eirven, and that the decedent, Robert H. Eirven, would not have known of such dangerous propensities; notwithstanding which, said Defendant negligently failed and omitted to impart knowledge and information to said decedent as to what would be sufficient work apparel or protective equipment and appliances to protect him from being poisoned and/or disabled by exposure to the chemical vinyl chloride." RESPONSE: Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later date. 5. Please produce all documents pertaining to or in connection with: "That Defendant knew or should have known that the chemical vinyl chloride that it manufactured and/or sold and/or distributed and/or placed in the stream of commerce was deleterious poisonous, carcinogenic and highly harmful to the body and health of decedent, Robert H. Eirven, and that the decadent, Robert H. Eirven, would not have known of such dangerous propensities; notwithstanding which, said Defendant negligently failed to take any reasonable precautions or to exercise care by placing any health warnings or precautions on the container or containing devices of said chemical vinyl chloride to adequately and sufficiently warn the handlers thereof, such as the decedent of the dangers to their health in coming in contact with said chemical." CB\*b\5irv*n RcipooM P3v*br 3, iC.-3$w UCC 073619 3 NOU-10-1994 14*29 FROM DRAYDEN UYOE & UOQD l_LP TO 12129062021-02030005 P.16 RESPONSE: Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges- Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later date. 6. Please produce all documents pertaining to or in connection with: "Defendant know or should have known that the chemical vinyl chloride that it -manufactured and/or sold and/or distributed and/or placed in the stream of Commerce was deleterious, poisonous, carcinogenic, and highly harmful to the body and health of decadent, Robert H. Eirven, and that the decedent, Robert H. Eirven, would not have known of the dangerous propensities; notwithstanding which; said Defendant negligently failed to take reasonable care to warn, the decedent; Robert H. Eirven, of such danger and/or instruct the decedent in the proper handling of such chemical, and furthermore failed to take any reasonable precautions, or exercise any reasonable care to protect the decedent, Robert H- Eirven, from harm, and further negligently failed to adopt and enforce a reasonably safe plan and method of handling said chemical." RESPONSE; Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later date. 7. Please produce all documents pertaining to or in connection with: "That Defendant know or should have known that the chemical vinyl chloride that it manufactured and/or sold and/or distributed and/or placed in the stream of commerce was deleterious, poisonous, carcinogenic, and highly harmful to the body and health of decadent, Robert H. Eirven, in that the decedent, Robert H. Eirven would not have known of such dangerous propensities; notwithstanding which, said Defendant negligently and carelessly manufactured said chemical, thereby subjecting C3\fiab\Bir7fiD Kwpoase N6v1994 19 2S*n UCC 073620 4 HOY--10--1994 14:30 FRCfi DRAYDEN UYOE & UOOD LLP TO 12129062021-02030005 P.17 users, such an the decadent, to an unreasonable risk to said chemical when sufficient research and/or experimentation would have disclosed that said chemical was deleterious, poisonous, carcinogenic, and highly harmful to the body and health of those exposed, including the decedent, in the ordinary course of handling the chemical.11 RESPONSE; Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later data. 8. Please produce all documents pertaining to or in connection with* ,TSaid Defendant was at a material times engaged in the business of manufacturing and/or selling and/or distributing and/or placing in the stream of commerce the chemical vinyl chloride. The chemical was placed in the stream of commerce by said Defendant, acting through its agents, servants, employees, and/or representatives.* RESPONSE; Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later date. 9. Please produce all documents pertaining to or in connection with: "Said chemical, vinyl chloride, was expected to reach and in fact did reach the decedent without substantial change in its condition. Said chemical, vinyl chloride, was in a defective condition and unreasonably dangerous when cold by Defendant. Said defective, unreasonably dangerous condition of said chemical, vinyl chloride, was a producing cause of the injuries made the basis of this lawsuit. The chemical vinyl chloride is C3\aab\Birvec Hewpnnaa ManwTaber 3, 1994 13 * 18am UCC 073621 5 NOU--10--1994 14:31 FRLrt DR9YDEN UYCHE & HUD LLP TO 12129062021--02030085 P. 19 unreasonably dangerous in that the risks to the health of people exposed to it, such as the decadent, greatly outweigh any benefits, if any. Furthermore, there was no warning given to the ultimate users of said: chemical, such as the decedent, of the dangers of being exposed to said chemical.11 RESPONSE: Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in its early stages and is ongoing, therefore Plaintiff will supplement at a later date. 10. Please produce all documents pertaining to or in connection with: "Defendant, Union Carbide Chemical and Plastic Company, Inc., is also and further liable to Plaintiffs for breach of warranty and under the law of warranties, expressed in the Uniform Commercial Code. Said Defendant expressly and impliedly warranted that, as sold, said chemical, vinyl chloride . .was for the ordinary purposes for which an item is used, to-wit, for the production of polyvinyl chloride resins. it was also expressly and impliedly warranted that said chemical, vinyl chloride, in question was so made, designed, and sold that it was safe and would riot expose the decedent, Robert E. Eirven, to risk of harm." RESPONSE: Objection, Plaintiff specifically objects to the use of the terms "pertaining to or in connection with" as vague and overly broad as it does not describe things with reasonable particularity. Furthermore this Request for Production in invasive of the attorney work product, attorney-client and consulting expert privileges. Subject to and without waiving same, discovery is in. its early stages and is ongoing, therefore Plaintiff will supplement at a later date. RCaBv\e*r*tbse\Rs ir3v.n199R4esIp0oin3se*n UCC 073622 6