Document OzBLm4vYaYBVeNYovvRv56x1v

o,WAlHtNOTON, c. ornct ANOMCWS & Kuhth 17*7 PCNN9YLVANIA AVC., N. W. WASHINGTON. 0. C. 20006 (202) 661-7400 Andrews & Kurth ATTORN CY3 TEXAS COMMERCE TOWER HOUSTON, TEXAS 77002 (7I3> 220-4200 TCLECORIES: (7IA) 220-A29S telex: 70- 1208 August 31,1983 DALLAS OWCSjfe*'" anohcwd, Kurth AuMiSimc IIOO RCRUSLtCSANtt* MMfcMMO DALLAS, TEXAS 79*06 (2(4) 742-0281 Re: No. 81-01331; Barbara Meyer v*. Johns-Manville Sales Corporatian^sfllBP^ et aL, in the 239 th Judicial District Court of Brazoria County, Texas Dear Ms. Bennett: Enclosed for filing please find the original plus one copy of Dow Chemical Company's Answers to Interrogatories. Please date stamp the extra copy of this document and return to me in the self-addressed, stamped envelope also enclosed. By copy of this letter I sending a copy of the enclosed to counsel for Kaiser Gypsum Company, Inc. by United States certified mail, return receipt requested, and all other counsel of record by regular mail. Thank you for your assistance in this matter. Yours truly. ST0009990 Andrew S. Hanen 169/lap Enclosure ec: Larry D. Knippa, Esq. (CMRRR) All Other Counsel of Record (Regular Mail) bcc: Mr. Jack H. Barber y Edward A. Aidous, Esq. y .. 0 I V E D 'J IOT HATNEJ HE5TTA K.NIPPA 8 K.RAL ATT0HNIY3 AT LAW 2600 TEXAS COMMUTE TOVE*. HOUSTON.TEXAS 77002-3093 November 4, 1983 <713 224- 3330 Ms. Frances Bennett District Cleric Brazoria County 400 N. Velasco Angleton, Texas 77515 Re: No. 81-G-1331; Barbara Meyer v. Johns-Manville Sales Corporation, et al.; 239th Judicial District Court of Brazoria County, Texas Dear Ms. Bennett: Enclosed for filing please find the original plus one copy of Kaiser Gypsum Company, Inc.'s Answers to Interrogatories. Please date stamp the extra copy of this document and return it to me in the self-addressed, stamped envelope also enclosed. By copy of this letter I am sending a copy of the en closed to counsel for Dow Chemical Company, by United States certified mail, return receipt requested, and all other counsel of record by regular mail. Thank you for your assistance in this matter. Yours very truly, ( Jo^y Jaynes Hester JHH/dn Enclosures cc w/enc. Mr. Andrew S. Hanen Certified Mail - Return Receipt Requested stoo0999 i No. 81-G-1331 BARBARA MEYER v. JOHNS-KANVILLE SALES CORPORATION, ET AL. S IN THE DISTRICT COURT OF S BRAZORIA COUNTY, TEXAS S 239TH JUDICIAL DISTRICT DEFENDANT XAISER GYPSUM COMPANY, INC.'S ANSWERS TO INTERROGATORIES TO: DEFENDANT, DOW CHEMICAL COMPANY, by and through their attorney of record, ANDREW S. HANEN, Andrews t Kurth, 4200 Texas Commerce Tower, Houston, Texas 77002. COMES NOW Defendant, KAISER GYPSUM COMPANY, INC., in the above entitled and numbered cause, and files these its Answers to Interrogatories received by its attorney of record, subject to the right to make all legal objections to these interrogatories and answers at the time of trial. The answers to these interrogatories follows. Respectfully submitted, KNIPPA t KRAL CO T00Q9992 nv, _________ Joy Haynes Hester St. Ear No. 09551500 2800 Texas Commerce Tower Houston, Texas 77002 (713) 224-3330 ATTORNEYS FOR DEFENDANT KAISER GYPSUM COMPANY, INC. CERTIFICATE OF SERVICE I, JOY HAYNES HESTER, certify that a true and correct copy of the following Answers to Interrogatories by defendant, KAISER GYPSUM COMPANY, INC., have been mailed by certified mall, return receipt requested, to counsel of record for THE) DOW CHEMICAL COMPANY this 4th day of November, 1983. L-l- JOYyHAYNES HESTER W NO. I1-G-1331 BARBARA MEYER VS. JOHNS-MANVILLE SALES CORP., ET AL c9s 5 c9 s s IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 239TH JUDICIAL DISTRICT ANSWERS TO INTERROGATORIES CO --I o o CD O v.O CO CD I. Please give your exact legal name, place of Incorporation, and state whether or not you are licensed to do business in the State of Texas. Kaiser Gypsum company, Inc. (hereinafter referred to in these Answers to Interrogatories as 'Kaiser Gypsum*) was incorporated in the State of Washington and is licensed to do business in the State of Texas. 2. Has this defendant been sued under its correct name? If not, state the correct legal name of the defendant and provide the information requested In number one above concerning the defendant as correctly named. Yes. 3. Did this defendant, between the years of 1940 and 1980, manufacture or sell asbestos containing products? Yes. 4. Give the name end trade name of all types of asbestos containing materials manufactured or sold by you, giving the dates that you began to manufacture or sell each such material listed, and the date you ceased manufacturing or selling such items, if production has ceased. Objection. The term 'asbestos containing materials' is vague, ambiguous and undefined. Without waiving said objections, Xaiser Gypsum answers as follows: To our knowledge, the information set forth in Exhibit A lists all asbestos-containing products manufactured by Kaiser Gypsum and the years such products contained asbestos. 5. Give a description of the materials listed in Interrogatory no. 3, including the asbestos content. See Exhibit A. 8. When was your company first aware that asbestosis mesothelioma, or any other lung disease could occur among workers who were exposed to the inhalation of asoestos fibers from products manufactured or sold by you? Objection. The term 'workers' is vague, ambiguous and undefined. Without waiving said objections, Kaiser Gypeum answers as follows: To our knowledge, beginning in 1971, Kaiser Gypeum's personnel became generally aware of the possible damages of prolonged exposure to asbestos dust. Kaiaer Gypeum currently understands that three diseases may be related to the inhalation of asbestos fibers: aabestoeis, mesothelioma, and possibly lung caacer. .7 State the data you first attached a warning of any possible adverse health consequences caused by the Inhalation of asDestos fibers to products sold or manufactured by you that contained asbestos, and either attach a copy of that warning, or state the content of said warning verbatim. A reproduction of the warning notice which was placed on asbestos-containing products from 1972 until asbestos was discontinued in such products is attached as Exhibit B. 8. List all warnings of any possible adverse health consequences caused by the inhalation of asbestos fibers ever given on any product manufactured or sold by you which contained asbestos, and the date which said warnings first appeared. Either attach a copy of the warnings or state the content of them verbatim. IP the best of our knowledge, in 1972 Kaiser Gypsum began notifying customers using or applying asbestos-containing products of the need to wear respirators to prevent the inhalation or ingestion of asbestos dust or fibers. This was accomplished by means of placing the warning notice referred to in the answer to Interrogatory 7 on containers and other packaging. Although this warning notice does not explicitly call for the use of respirators, the reference stilted thereon, 29 CTO 1910.93a., sets forth the requirements and conditions for the use of respirators. Furthermore, Technical Bulletins 5703-A and 5707, both dated October 1973, prescribe the use of respirators during spray application. Copies of those documents are attached hereto as Exhibit C. Additionally, to the best of our knowledge, beginning in approximately 1972, oral warnings were given to Kaiser Gypsum ecployees about the hazards; of inhaling asbestos dust or fibers and instructions were given regarding protective clothing, medical examinations, signs and plant cleanliness. Kaiser Gypsum does not appear to have any records of published bulletins, per se, giving such warnings or instruction!!. C/3 --I CD CD CD \JD UD 9. Is It possible for a layman to distinguish your asbestos containing products from those manufactured or distributed by your competitors when such products have been removed from their container or containers? If your answer is yes, please describe how you contend your product can be distinguished from those of a competitor. It is not probable or likely that Kaiser Gypsum products which contained asbestos could have been distinguished by a layman fran products of the same kind distributed by other companies (aside from packaging). 10. Did each of your products or materials, which contained asbestos, generally reach, or were packaged to reach, the consumer, insulation helper, insulation mechanic, or ultimate user, without substantial change in the condition in which it was sold? Objection: This interrogatory is vague and ambiguous. Without waiving said objections, Kaiser Gypsum answers as follows: Tea. The products were not meant to be altered in any way ocher than as instructed to the user (i.e., cutting of board or adding water to product). 11. If your answer to the above Interrogatory is no, with respect to each such product, explain in what way the defendant claims its products were altered or substantially changed after sale or distribution, and before reachix^ the ultimate user. H/A 12. Hu the defendant ever acquired another corporation, company, or business, which manufactured, sold, processed, distributed, or contracted to tpply Insu lation products containing asbestos? If the answer to the above interrogatory Is yes, then state the following concerning such predecessor. Hot to our knowledge. a. Full and correct name. 1VA b. Principal place of business. N/A e. State of incorporation. N/A d. Date of acquisition. N/A C/D --I CD CD CD cr> UD UD CM e. Was this business authorized to transact business in the State of Texas? and N/A 13. Did your company ever produce sales literature or other printed material which advised workers of the hazards of asbestos dust, and recommend ways of handling your materials that would reduce or eliminate the creation of asbestos dust? If so, state verbatim what the literature says and the date in which each instruction or recommendation was put on your literature, also please attach copies of all such literature. Objection. The term 'workers* is vague, ambiguous and undefined. Without waiving said objections, Kaiser Gypsum answers as follcws: See answer to Interrogatory 8. 14. Does your company have, or has it ever had, a division or subsidiary company engaged In the contracting business of applying insulation products? If so, give the name of such division or subsidiary company, the full address of the home office of such division or subsidiary company, and the dates such division or subsidiary company was engaged in the contracting business. Not to our knowledge. IS. Has your company, or its predecessor, ever conducted any studies concerning the effects of the inhalation of asbestos dust fibers on one using or being exposed to any of the asbestos materials manufactured, sold, or distributed by ycu. If your answer is yes, give the date and nature of such studies, the name of the persons conducting such studies, the purpose of the study(s), the result of such studies and attach a copy of any report based upon studies. TtJ our knowledge, tests have not been performed by Kaiser Gypsua on products containing asbestos to evaluate the effects of airborne asbestos. 18. Please list ail of the products containing asbestos, the amount of each product and the date of each sale, sold by you or any subsidiary or predecessor to Dow Chemical Company. Kaiser Gypslot has never, to our knowledge, sold products containing asbestos to Dow Chemical Company. 17. For every product listed above, state the first date a warning of any possible adverse health consequences caused by the inhalation of asbestos fibers appeared on said products, and state the content of said warning verbatim, or attach a copy. N/A 18. Have you or any of your employees, agents or subsidiaries ever contacted Dow as. to the means, methods and precautions to take in installing, or safely removing, or safely maintaining any of the asbestos containing products which you have manufactured or sold? If yes, please state the date of each contact, the means used, the personfs) from your company that were involved, and the names of any personnel from Dow that were Involved. N/A 19. Does defendant expect to call expert witnesses at the trial of this case? If yes, state the name and address of each expert and the testimony expected to be f rj given by each expert. ', Onkncwn at present. C7J C3 CJ C.3 K.O VJD CP> ST000S997 Assistant Secretary THE STATE OF CAUFORNiA COUNTY OF ALAMEDA S S $ BEFORE ME, the undersigned authority, on this day personally appeared Donna M. Andersonof Kaiser Gypsum Company. Inc.4EOeafRytknown to me to be the person whose name is subscribed to the foregoing answers to interrogatories, and after having been duly sworn stated on his/her oath that he/she has read the foregoing nswers to interrogatories and that they are true and correct. SWORN TO AND SUBSCRIBED before me by the said Asst. Secretary of Kaiser Gypsum Company, Inc. fcjewppiBi, on this the 2nd day of November. 1983. OFFICIAL SEAL WANDA 6 DANI lOurr puiuc CAlircawA uukm covm Mv mw luin, SEP 2J. 1 n# UJ jQ'.OwdAA. Notary Public in and for Alameda County, California Kaiser Gypsun Product Name Kaiser Pre-Mix Joint Compound EXHIBIT A Manufactured Prom To 1960 1975 Kaiser One-Day Joint Compound Kaiser Dual Purpose Pre-Mix Joint Confound Kaiser Joint Conpound - Dry Powder 1968 1960 1953 1975 1975 1975 Kaiser 3-Purpose Ccc\ound 1969 1975 Kaiser Finishing (Topping) Ccnpound Kaiser Pre-Mix Finishing (Topping) Compound Kaiser Cover-Tex Hall Texture 1961 1975 1969 1956 1975 1975 Kaiser K-Spray Ceiling Texture 1969 1975 Kaiser Mineral Fibreboard Kaiser Gypsum wallboerd 1964 1973 1969 1978 tO KD CO Description of Product A compound used to fill gypsu board Joints, embed Joint reinforcing tape, finish joint, and cover and finish rtailhead and metal cornerbead. A dry powder which, when mixer with liquid as instructed, war used for same purposes as abow products. A dry powder which, when aixec with liquid as instructed, was used for taping, topping and finishing of gypsum board joint nailheads and cornerbead. A corpound used for topping an finishing gypsum board joints. A dry powder which, whan mixed with liquid as instructed, was used to produce texture effect: over gypsum wallboerd surfaces. A dry powder which, whan mixed with liquid as instructed, was used to produce texture over gypsum board or interior concret ceilings. A product used for sctxistical ceiling tile lay-in board and partition sound-deadening board. A product used for interior wall and ceilings. percentage of xJDea at bj Might used In these pcoducts trna very stall end varlel fro* product te product. 66660001 CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM Abovt libtl Is In coffiplitncc with Fedcril fteyulttions reUting to Oecupotlontl, SiFtty, *nd Htilth SUndrds, 29 CFR 1910.93*. STOO.I 0000 '> r ~~ EXHIBIT C - Page 1 of TECHNICAL BULLETIN uJU!&l=?. GYPSUM ^______________________________________ ;_____________ OATS; OtloW 1973 aUbLITtM NO. WALLftOAKO ACCESSORIES - K-SPRAY CEH1NG TPCTUU DESCRIPTION Koiser K-Spray Ceiling Texture it o speciolly (9*muiot*4 dry powder which, when mixed with water, will provide o textured poitem pod flopI white docom! ion for ceilings. The texture hat been formulated far easy mixing, maximum coverage, excellent Kid* and white color, and any application. USES Kaiser K-Spray ! a promised lightweight aggregate tproy fixture for use over gypsum wcjlJboord or interior concreto ceilings. The polystyrene eggiegeto is proportioned lo provide a coane texture finol coiling Finish. Oesigned for mm with lorge'copocity puttying systems which Sovo continuous agitation in post# happen to prevent aggregate flotation. K-Sproy ik shipped In socks, ooch sock containing a not weight of 32 pounds of K-Sproy. A 1/1" thick texture will provide coverage of opprooimmoiy 250 iqwam fee# of surface per sock. APPLICATION INSTRUCTIONS SUtfACE PREPARATION Gypsum Wpllboord Prepare gypwm wellboord turfocei with Kaiser Joint ond Finishing Compounds o> directed. All joint* end noil yets should he clean end dry prior to application of K*Sproy Ceiling Texture. For beet results, apply on o/kyd type sealer over entire surface end allow to dry before texture application. A full coverage sealer application is recommended when KSpney is applied during cold er humid weather conditions which will cause excessively slow drying of texture. Concrete All surfaces must be clean, dry, and sound with no cholkinose or efflorescence. Prieto oxpooed e4re ond mete) with tvs# preventive primer. New concrete ceilings should be aged of least 60 days before application of texture, tomove dirt, grease, end form oil. Irregularities In the concrete surfaces should be removed er filled with one or mere applications of Koisor Joint Compound allowing the firs# coot to dry be foie o second application. For best results, apply on olkyd typo sealer ever entire surface ond oltaw to dry bolero texture application. MIXING Mix Kaiser X-Spray Ceiling Texture with cfoon, cool voter only and fa net cootoxdnrto with other materiel*. Add 32*yound sock of K-Spray to 3 te 6 gallons of water. Mix to e thick pcete by slowly adding *ho dry powder to the water with continuous stirring with e mectaolcol mixer until the paeft Is lump-free, Remix after 13 minutes end adjust the paste to desired consistency. Do no# erer'thin. MU -Aly enough ooterlol the* will bo ueod within 24 hours. Keep paste ce-oiW wton not being used an^ r-old es^-ee*cx to direct sunlight or #ompere#vre in exeeti of PCA F. Asmlc immediosei- bsfao tmr, er eew'Ut'Tue efiwicn in pome hopper during yray application. KAillP CVMUM CO.. INC.. 300 UK'- - go ev.c., uuk*bijN 6703-A EXHIBIT C - Page 2 of 4 October 1973 Pog* 2 APPLICATION Ute s commercial spray unit, including air compressor, pump, connecting hoses and spray gun with nozzle. Adfusl (he fluid and air flew io os to apply on even coat of texture to a maximum af 1/S" thickness over the entire ceiling surface. Depending on merhod of application and dotired pattern, each bag of K-Spray will decorate from 200 to 300 square feet of ceiling surface. for a heavy rextura application, apply in two separate coart, ollowing adequate drying time between coats. In addition, surfaces of unequal suction may require two coat application for best results. Ory the sprayed texture turfoce rapidly. Maintain o minimum of 55 F. with odequote ventilation in the structure during application and drying. NOTE Do not use in areas of high humidity or dompnese. Use a respirator and eye protection during ipray application. CO --I CD O O CD *w ST0OIOOO2 WAUBOAHO ACCESSORIES - COVER-EEX WAUTEXTUtt paciimoN JUiur Co*ar*7s Wall 7s*ur * a specially formulated dry powdsr which, wh* minmd with wafar, will piovide venous taafurs parrsmi whan opplisd over gypium wallboord swrfoea*. The feature ii formulated lor toy miming, -maximum coverage, aj*ollo*l hido, easy application, and whir* surface at bos# for Final decoration of walls or coiling*. IMS JCoiser Covor*7ji h o dry powder feature designee for either hand or iproy application for use a* o boo or finol tvjtfvro on gypsum waiiboord wall* or etilings. It ii particularly fonnulorsd to hove good ipreying qualities for both *feg" application and for heavy "iplottor* patterns, with no tog or running of the feature. Color watched me that when wood a* a spray wall texture, it will march K-Spray Ceiling 7#ature. A arid# lanyo of refuses may bo obtained by bond applying with a brush, ipongo, roller# whisk broom, scrub brush, 'wadded paper, or cloth, A trowol droggsd ovsr a stippled orao to knock down high ^oO will produca o brOCado effect* Corer-Te* ii shipped in 25* or 50^>ownd socks. Depending upon tho typo end thickness of texture* .poost approximation of cammga is 20 square foot por pound of dry powdor. AfPLICATION INSTRUCTIONS -surface hefakatkjm ^AJl faints, fasteners, ond irregularities shall bo finithod with Kaiser Joint Treatment Products; ond th# wglfboord surface shall bo clton ond dry. For batr results, tool oil turfece* with primer-seolor bsfora applying tho texture to oguoliso rha suction berween rha woUbeard ond rho join/ treatment* -MIXING MU Cavar Tam using 2*1/2 gollons of cJoon, cool wefor por 25 pound sock. Add powdor fa wotmr with continumm stirring with o mochonicol minor until rho past# is smooth and lump Ins. A/lor lofting stand for 15 to 00 minutos, rami a ond odfust pesro ro desired consistency* Mia only sufficient materiel for uoo within 2d hour* ond kaap pasta covered whan not baing vsod. Avoid closure ta diract sunlight or romporeturns above 90" F. "Whita sand asoy ba oddod to Cover-re* whan a sand finish Is dmirad. dWICATlON Maintain minisex* issr. with odoquote 'rantilafion in tha shuclwro during application mtd diylng. Spray Application ~r4Jm commercial ^ray utit including an cir campramor, pump, connacting hosaa, ond ^say gun milk rmxzla. kd\ima air ,mun an .n/ #jn ra mpoou.* tyya ol it-aurad Rnh imtind, ruck m a thin mat ____ (Eos ^ny), Uipfla r,nit>1 at aranqa paaI finiefc. A^J) an na < tt m at IMM malarial kf iri'l fc* *usJ at a unitam rata aatam th, 'utft . ifray Cut ana rEwn ki^wJb. UbMpnNrn^ ** ' nja pnractian 4*g tfumy apf!itrl. NAlSKft CYRiUV CO. INC..300 b^.KISIOI BAlYI-OAiaAMO. CAL. M0< - xvbaii^ EXHIBIT C - Page 4 of 4 OcittMit .y/3 fug* 2 Hond Application A wide rang* of different texture effects eon be obtained with Cover-Tea by torturing rts* painted surfaces with on* or mo/* of lb* following toolu Brush, roller, sponge, whiilc broom, woddod cloth, or o vcrvb brush A celluloid triangle may b* lightly drown ov*r a textured area to flotten high spots ami produce a braced* effect. A wed finith con be obtained by adding o few handfuls of whit* siiico sand to tha mixed notarial. DECORATION Allow Cov*rT*x to dry thoroughly before decorating. ST0010003