Document OzKjvqazZ49NV39DQ4NKNr7EL

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ETTA WALLACE, personal representative of the Estate of Fred A. Wallace, et al., Plaintiffs, . vs. CHRYSLER PLASTIC PRODUCTS CORPORATION, et al., Defendants ) Case No. C 84-7864 ) [Hon. Nicholas J. Walinski] ) ) RESPONSE OF DEFENDANT ) FIRESTONE TIRE & RUBBER ) COMPANY TO PLAINTIFFS' ) REQUESTS FOR PRODUCTION ) OF DOCUMENTS DIRECTED ) TO ALL DEFENDANT PVC ) MANUFACTURERS ) ) ' -oOo Now-comes -defendant; Firestone. Tire & Rubber Company, .j. and.for its response to plaintiffsr requests for production of documents, states as follows: 1. All records of sales, direct or indirect, of Polyvinyl Chloride (PVC) resin from you to Chrysler Plastic Products Corporation (Chrysler) between January 1, 1967 and December 31, 1980. ANSWER: See Attachment 1. 2."All documents indicating the extent to which PVC resin sales to Chrysler during the time period indicated above, represented sales of PVC resin manufactured in the: (a) suspension; (b) emulsion; (c) bulk; or, (d) solution process. Answer: See Attachment 1 and response to Interrogatory No. 8. IJCC 045811 3. All documents indicating the extent to which PVC resin sales to Chrysler during the time period specified in request number 1, were of (a) Homopolymer; (b) copolymer; or, (c) terpolymer. ANSWER; See Attachment 1 and response to Interrogatory No. 11. 4. All written documents indicating, with respect to PVC resin sold to Chrysler during the time period specified above, the size (in microns) of the resin sold.. ANSWER; | No such documents .are-available. 5. All written documents indicating the results of any tests done on any PVC resin by you or any other entity to determine the concentration (in parts per million) of residual vinyl chloride monomer in PVC resin of the type sold to Chrysler during the time period specified in request number 1. ANSWER: See response to Interrogatory Nos. 10 and 16. 6. All Material Safety Data Sheets published by you prior to January 1, 1986, relating to any PVC resin manufactured by you. ANSWER: Objection, any Material Safety Data Sheet published subsequent to 1980, the last date of exposure in this case, is 2- - ucc 045312 irrelevant. There are no such documents in existence which pre-date 1980. 7. All documents in your possession indicating the dates of manufacture and the dates of shipment of PVC resin sold to Chrysler. ANSWER: See Attachment 1 and response to Interrogatory No. 12. 8. All written results of any testing done on the PVC resin identified in the prior request to determine the .concentration of residual vinyl chloride monomer. . ANSWER: I I ---- See'response to Request for Production N.q. 5.. ' \ 9. All documents sent by you to the Occupational Safety & Health Administration, relating, in any way, to PVC. ANSWER: See Attachments 2 and 3. 10. All documents reporting or summarizing efforts taken by you, at any time since January 1, 1967 to reduce the percentage of residual vinyl chloride monomer in PVC resin manufactured by you. ANSWER: See Attachments 2, 3 and 4 and response to Interrogatory No. 19. ijnr 3- - 045313 11. Each and every document sent to Chrysler, informing Chrysler of any known or potential human health hazard relating to exposure or over exposure to vinyl chloride monomer. ANSWER: See response to Interrogatory Nos. 1.3, 14 and 18. I- i ucc 4- - 045314 AS TO OBJECTIONS: Of Counsel For Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co. , Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp.: FULLER & HENRY 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 V/ v. / % A -i._ Robert A. unda / 1200 Edison Plaza ^ 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. CERTIFICATE OF SERVICE . I hereby certify that a copy of the foregoing Responses, to Plaintiff's Requests for Production of Documents Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray & Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel as set forth in the attached Schedule of Service this -N day of October, 1986. An At&bprney fozj defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. UCC 045315 SCHEDULE OF SEP.VTCE M. Donald Carmin, Esq. 800 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P. Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 N. Erie Street Toledo, Ohio 43624 Attorney for DefendantDiversiTech General', Inc. S. Stuart Eilers, Esq. Douglas N. Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bantman, Esq. 414 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc. STATE OF OHIO COUNTY OF SUMMIT ss. : T. JANE ROBINSON, being duly sworn,deposes and says that she is ASSISTANT SECRETARY of THE FIRESTONE TIRE & RUBBER COMPANY, defendant in the above-entitled case and that she signs the foregoing RESPONSE OF DEFENDANT FIRESTONE TIRE & RUBBER COMPANY TO PLAINTIFFS' REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO ALL DEFENDANT PVC MANUFACTURERS on behalf of that defendant and is duly authorized so to do; that the matters stated in the foregoing document are not within the personal knowledge of deponent and that deponent is informed that there is no officer of THE FIRESTONE TIRE & RUBBER COMPANY who has personal knowledge of all such matters; and that the facts stated in the foregoing document have been assembled by authorized employees and counsel of defendant and deponent is informed by those authorized employees that the facts stated in the foregoing document are true. t." jan$7robinson Subscribed and sworn to before me this day of 198 (c___. Notary Public 2285R/r:0005 (k) PATRICIA A. COX Notary Public for the State of Ohio Mv Commission Expires December 9. 1990 ucc 045317