Document OzQEe2v0BnOaG1Lp2n0D3Bv1v

PLAINTIFF'S EXHIBIT PLI-125 IN THE COURT OF COMMON PLEAS BUTLER COUNTY, OHIO ROGER DALE BLAKE, et al., Plaintiffs, v. A-BEST PRODUCTS COMPANY, et al.. Defendants. ) ) ) ) ) ) ) ) ) CASE NO. CV96 010191 SECOND AMENDED ANSWERS TO INTERROGATORIES PROPOUNDED TO PLIBRICO COMPANY Defendant, PLIBRICO COMPANY ("PLIBRICO"), through undersigned counsel, pursuant to Ohio Civil Rule 33, files its Second Amended Answers to the Plaintiffs' Master Set of Interrogatories as follows: GENERAL OBJECTIONS 1. PLIBRICO objects to the Plaintiffs interrogatories to the extent that they seek information concerning products other than those products to which Plaintiff has alleged exposure and, therefore, seek information which is wholly irrelevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. 2. PLIBRICO objects to the Plaintiff's interrogatories to the extent that they seek "corporate knowledge" as it Is impossible for PLIBRICO to set forth the collective knowledge of all of its past or present employees. PLIBRICO reserves the right to revise, correct, supplement and/or amend its answers to provide Information discovered subsequent to the answers contained herein. 3. PLIBRICO asserts the following objections and incorporates each by reference into each and every answer to Plaintiffs interrogatories set forth herein: (a) Defendant asserts the right to object on the grounds of competency, privilege, relevancy, materiality, or any other proper ground, to the use of any said answers for any purpose, in whole or in part, in any subsequent step or proceeding in this action or any other action. (b) Defendant asserts the right to object on any other ground, to other interrogatories or other discovery procedures Involving or relating to the subject matter of the interrogatories answered herein. (c) Defendant asserts the right to at any time revise, correct, supplement, or clarify any of the answers or objections set forth herein. 4. PLIBRICO objects to the Instructions and definitions as outlined in the Plaintiffs interrogatories as overly broad, burdensome and not reasonably calculated to lead to the discovery of admissible evidence. PLIBRICO further objects to the instructions and definitions as set forth by the Plaintiff In that the definitions contain meanings and defined terms consistent with the Plaintiffs, and not this Defendant's, interpretation of these defined terms and/or phrases. 3. PLIBRICO objects to the Plaintiffs interrogatories to the extent that they involve matters outside of Butler County, Ohio, the geographical area at issue in this litigation, and limits its answers to Butler County, Ohio. DEFENDANT, PLIBRICO COMPANY'S ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES CORPORATE NAME 1 . For each interrogatory below, please state the name and last Known address of each person answering It, including whether he/she Is employed by Oefendant and if 2 employed by Defendant, include job title, length of time employed by Defendant and a year by year list of all other positions, titles, or jobs held when working for Defendant ANSWER: Robert W. Schaefer, Jr,, Secretary, Plibrico Company, 1800 North Kingsbury Street, Chicago, Illinois 80614; Len Krietz, Technical Director, Plibrico Company, 1800 North Kingsbury Street, Chicago, Illinois 80614. Both individuals are current employees of Plibrico Company and have held management positions within the Company for over ten years. 1.1 Please identify all documents used, related to, or referred to in connection with the preparation of or answers to these Interrogatories and state the number of the Interrogatory and its subpart to each such document. ANSWER: PLIBRICO objects to Interrogatory No. 1.1 on the grounds that it Is vague and overly burdensome. Subject to and without waiving these objections, PLIBRICO answers as follows: The Interrogatories were answered based upon the corporate knowledge of the individuals answering said interrogatories, and a voluminous amount of corporate documents, too ________________mifTwrram tr> rllinat___Mnmwnr th* rinr:iim*nt arm available fnr inspection and copying at the offices of Sharlock, Repcheck & Mahler, 3280 USX Tower, 800 Grant Street, Pittsburgh, Pennsylvania 15219, and ' will be provided at a mutually agreeable time and date. 2. Please state whether or not Defendant is a corporation. If so, please state: (a) Your correct corporate name; (b) The state of your incorporation; (c) The address of your principal place of business; (d) Your registered agent for service in the state of Ohio; (e) For each Defendant claiming that this Court lacks personal jurisdiction, list year by year the total amount of income received by the Defendant from entitles In Ohio, any and all years that Defendant, as defined, has been licensed to do business in Ohio, and any real property owned at any time by Defendant or its present or past subsidiaries. ANSWER: Yes. 3 (a) Plibrico Company. (b) Delaware. (c) 1800 North Kingsbury, Chicago, Illinois 60014. (d) Prentlsa-Hall Corporation, Columbus, Ohio. (e) N/A. 3. State Defendant's complete corporate or business history, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs. In addition: a. if defendant or any of its predecessors or subsidiaries at any time purchased, assumed, or In any other manner acquired ANY of the assets and/or liabilities of any corporation or entity at any prior time engaged in any aspect of the placing of asbestos containing products into the stream of commerce or the insuring of asbestos related risks, then please state the following as to each acquisition: b. the name or description of each corporation, entity or assets acquired by Defendant, that entity's state of Incorporation and principal place of business, its date of in/corporatlon, and the name of Defendant at the time of acquisition; c. the manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); d. the date of each such acquisition; e. the state In which each such acquisition was effected; f. the state law governing each such acquisition If specified by contract; g. whether Defendant became legally responsible for the past torts of each such corporation or entity; 4 h. identify each document reflecting or related to the history and/or transaction(s) set forth in answer to this Interrogatory. ANSWER: PL1BRICO objects to Interrogatory No. 3, including subparagraphs (a) through (h) on the grounds that It Is vague, ambiguous, overly burdensome, and calls for a legal conclusion. Subject to and without waiving these objections, PLIBRICO answers as follows: PL1BRICO Is a successor corporation to JOINTLESS FIREBRICK COMPANY. JOINTLESS FIREBRICK COMPANY was founded in 1914 and incorporatvd in Dataware. PLIBRICO was incorporated in iwew and "succeeded" JOINTLESS FIREBRICK COMPANY at that time. PLIBRICO assumed all the liabilities of JOINTLESS FIREBRICK COMPANY. During the period when certain products in the PLIBRICO product lines contained some asbestos, PLIBRICO had certain wholly owned subsidiaries in several states, other than Ohio, which operated as branch sales offices. PLIBRICO products have been sold in Ohio by wholly-owned and by independent distributors. 4. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any of the assets and/or liabilities of any corporation or entity (such corporations or entities being limited to those engaged in the mining, selling, manufacturing, marketing or distribution of asbestos-containing products.) If so, please state the following: a. the name or description of each corporation, entity or assets acquired by Defendant, its state of incorporation and principal place of business, its date of incorporation, and the name of Defendant at the time of acquisition; b. the manner by which each such corporation, entity, or interest therein, was acquired (e.g. merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); c. the date of each such acquisition; d. the state in which each such acquisition was effected; e. the state law governing each such acquisition if specified by contract; f. whether Defendant became legally responsible for the past torts of each such corporation or entity; 5 g. whether the acquisition concerned asbestos-containing products. ANSWER: PUBRICO objects to Interrogatory No. 4, including subparagraphs (a) through (g) on the grounds that it is vague, ambiguous, overly burdensome, and calls for a legal conclusion. Subject to and without waiving these objections, PUBRICO answers as follows: No. 4.1 For each corporation, other than the answering defendant ("the entity"), that has at any time in the past been involved In the placing of asbestos containing products into the stream of commerce for which officers of the answering defendant's corporation have also served as officers, directors or served in any managerial position while employed by the answering defendant, state: a. the name of the entity Involved in the placing of asbestos products into the stream of commerce; b. the manner in which the entity was involved in the placing of asbestos containing products into the stream of commerce (i.e., mining, milling, manufacturing, distributing, Installing, rebranding, etc.); c. the specific products placed into the stream of commerce by the entity year by year and by brand or trade name; d. the name, positions and a brief description of the responsibilities of the person or persons serving the answering defendant and the entity simultaneously including the positions held with the entity and with the answering defendant. ANSWER: PUBRICO objects to Interrogatory No. 4.1, including subparagraphs (a) through (d) on the grounds that it is vague, ambiguous, overly burdensome, and calls for a legal conclusion. Subject to and without waiving these objections, PUBRICO answers as follows: N/A. EVER SELL ASBESTOS 5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, Installation or distribution of asbestos-containing products? If so, please state the following; 6 (a) (b) 1. 2. 3. 4. 5. 6. 7. 8. (c) (d) (e) (f) (g) The name of the company engaged in the activity (whether it is Defendant, Defendant's predecessor, or Defendant's subsidiary); As to each product mined, manufactured, sold, marketed, installed or distributed, please state the following: The trade or brand name. Its identification number (model, serial number, etc.). The time period It was manufactured, mined, marketed, distributed or sold. its physical description including color, general composition, and form. A detailed description of its intended use and purpose. A detailed description of the type package in which it was sold, listing the dates of each type of package used, a physical description of the package, and a description of any printed material or trademarks that appeared thereon. The percent of asbestos which ft contained. The percent of asbestos by asbestos type (amosite, crocidolite, tremolite, anthophyllite). The time period during which each of these products were on the market; The material components/ingredients of each such product, giving specific or approximate percentage both by weight and by volume of each material component/ingredient (this interrogatory Is not limited to the asbestos component of the product but seeks information as to the nature, weight and volume of non-asbestos ingredients, 88 well) of each such product; How each of these asbestos-containing product can be distinguished from those of competitors; A description of the physical appearance of such product; A detailed description of the intended uses. 7 ANSWER: PUBRICO objects to this interrogatory on the grounds that it is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to discovery of admissible evidence. Subject to and without waiving these objections, Defendant answers as follows: PUBRICO COMPANY manufactured two asbestos-containing products, Plicast LWI-24G and Plicast Airlite, which contained 1% and 10% asbestos, respectively. The materials were packaged in 50 or 75 pound bags. These products were manufactured from approximately 1957 to 1972, with extremely limited sales. PUBRICO bases this statement, in part, on a 1957 formula sheet for Plicast Airlite. PUBRICO has no knowledge of prior manufacture of Plicast Airlite prior to 1957. However, photographs tendered in the asbestos litigation suggest that a product named Plicast Airlite may have existed in 1937. It is unknown whether the product contained asbestos at that time. Both products were castable refractory products used as back-up insulation in high-temperature furnaces. PUBRICO has seen specification sheets and a 1971 formula sheet for a 2% asbestos-containing AR Cement. PUBRICO also possesses isolated sales documents for AR Cement, but possesses no documents which Indicate that AR Cement was ever sold when, if ever, It contained asbestos. PUBRICO also distributed Plisulate Insulating Cement No. 101 and Plisulate Finishing Cement No. 102. These products contained asbestos until 1972. The Plisulate Cements were manufactured by Keene Corporation in the 1960's. The manufacturer prior to the 1960's is unknown. It is unknown how much, or what type of, asbestos Plisulate Insulating CementB No. 101 and Plisulate Finishing Cement No. 102 contained. Information from old PUBRICO catalogs suggests that there was an asbestos-containing Plisulate Plastic Insulation Product which was a predecessor to Plisulate Insulating Cement No. 101. PUBRICO has seen product literature for Pliseal Boiler-Wall Coating - a product which may have contemplated the use of asbestos. However, PUBRICO has no information from any source which would confirm or verify that Pliseal Boiler-Wall Coating was ever sold or distributed to any customer, site or facility in Ohio. If such product was ever sold, it was in extremely limited quantities. Pliseal Boiler-Wall Coating was not manufactured by PUBRICO, and information from current PUBRICO employees suggests that the product was purchased from Flintkote. Any sale of Pliseal Boiler-Wall Coating would have ceased in 1972; at the same time PUBRICO removed asbestos from Plicast Airlite and Plicast LW1-24G, 8 and discontinued the sale of Piisulate Insulating Cement No. 101 and Plisulate Finishing Cement No. 102. PLIBRICO has seen advertising documents for an asbestos-containing iron Set refractory cement from the mld-1930's. Information from current PLIBRICO employees suggest that Iron Set was limited in application to pre*fabricated fireplaces. PLIBRICO has no record that it ever sold this product, but information from current PLIBRICO employees suggests that Iron Set was once sold by the Fireline Company, a former division of PLIBRICO. PLIBRICO possesses sales literature for Plisulate Insulating Block Nos. 201 and 202. Present employees of PLIBRICO recollect that Plisulate Insulating Block Nos. 201 and 202 were asbestos-free, and base this information, in part, on advertising materials from the company in the 1950's or 1960's. In addition, PLIBRICO has learned through the asbestos litigation about the existence of a 1949 catalog which suggests Plisulate Insulating Block No. 201 contained asbestos at that time. Trademark applications by PLIBRICO regarding "Plisulate" also describe "Plisulate" products, including block, as containing asbestos. The earliest trademark application for Piisulate Is dated February 21, 1948. A September 13, 1949, registration statement suggests that the product contained asbestos fiber and was first sold in Interstate commerce in September, 1939. PLIBRICO may have recommended that certain customers use asbestos rope, gaskets, millboard and/or sheet in connection with certain applications. PLIBRICO bases this statement upon documents generated In the asbestos litigation. PLIBRICO possesses no documents which indicate that PLIBRICO itself ever sold any asbestos rope, gaskets, millboard or sheet. However, information from current PLIBRICO employees suggests that prior to 1972, PLIBRICO may have, at customer request, purchased limited quantities of asbestos rope and resold it. PLIBRICO also manufactured and sold a limited line of refractory products that specified the use of vermieullte In the formula. In the mid-1980's, W.R. Grace & Co., the supplier of the vermiculite for PLIBRICO, advised PLIBRICO that the vermiculite shipped by W.R. Grace & Co. may contain trace amounts of tremolite, an asbestiform regulated by the OSHA asbestos standards. It is PLIBRICO's position that the amounts of tremolite, if any, were well below the OSHA standard to qualify as asbestos. The vermiculite sold by W.R. Grace & Co. was processed from ore mined at the Libby Montana mining operation. On receipt of this information, PLIBRICO identified Strong-Llte Products Corp. as a supplier 9 of non-tremollte containing vermiculite and PUBRICO switched to StrongLite in 1986 as its supplier of vermiculite at that time. 6. Does Defendant or an/ of its subsidiary companies claim that any patent would cover any product listed in answer to Interrogatory No. 5? If so, please state the following: (a) The date of each patent; (b) The date same was issued; (c) The number of each patent application that is pending. ANSWER: No. 7. Have any of the products listed above in answer to Interrogatory No. 5 been altered in chemical composition since first being marketed? If so, please state the following: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature of the alteration; (d) The reason for the alteration. ANSWER: Yes. (a) Plicast Airilte; Plicast LWI-24G. (b) 1972. (c) Removal of asbestos from the products. (d) In 1972, OSHA passed standards relating to asbestos, and the Company wanted to ensure that its products did not contain any potentially hazardous materials. 10 8. Have any of the asbestos-containing products listed In response to Interrogatory No. 5 ever been marketed, distributed, packaged, labeled, and/or sold by any other company or business? If so, please state the following: (a) The name and address of each such company. (b) The names and address of Defendant's distributors in Ohio and Illinois since 1940. (c) The date of each sale. (d) The name of the person at each location with whom you primarily dealt. (e) A list of all asbestos-containing products that you sold to each location from 1945 to 1980. (f) The amount of each asbestos product sold to each location during this period. (g) Please identify all documents relating to this distributor for the particular location. ANSWER: Defendant objects to this interrogatory on the grounds that it is overly broad and unduty burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Defendant answers as follows: PUBRICO Company products were sold In the State of Ohio by either independent distributors, or wholly owned subsidiaries identified as PUBRICO Sales and Service, Inc. This Defendant is unable to more fully respond to the interrogatory absent more detailed information from the Plaintiff as to whether a sale of PUBRICO products occurred in any particular areas of Ohio. 8.01 Has this defendant ever purchased asbestos containing products from any other defendant? ANSWER: See Answer to Interrogatory No, 5. 8.02 If the answer to the preceding Interrogatory is yes, please state the following: li (a) name each defendant from whom this defendant purchased any asbestos containing product; (b) list each product purchased from each co-defendant; (c) list the dates of each purchase of asbestos-containing products from each co-defendant. ANSWER: See Answer to Interrogatory No. 8.01. 8.03 Has this defendant ever sold asbestos containing products to any other defendant? ANSWER: This defendant has no knowledge of any sales of any product to any other defendant other than Plibrico Sales & Service, Inc. and Plibrico Sales & Service, Co., Division of Frank Schaefer. 8.04 If the answer to the preceding interrogatory is yes, please state the following: (a) name each defendant to whom this defendant sold any asbestos containing product; (b) list each product sold to each co-defendant; (c) Elat the dates of each sale of asbestos-containing products to each codefendant. ANSWER: Unknown. 8.05 Has Defendant engaged in the manufacture and/or sale and/or distribution and/or marketing and/or supply and/or purchase and/or use of non-asbestos-containing products for use In connection with temperatures above 125' Fahrenheit since 1930. if so, please state: (a) the date such activity began; (b) the years during which such activity took place; (c) the date when such activity was terminated; 12 (d) if such activity was terminated, the reason(s) why; (e) the geographical area into which you ctaim the product(s) were sold, purchased, or used; (f) identify the organizational unit of defendant so engaged; (g) the site(s) at which each such product was manufactured; (h) the material components of each such product, giving specific or approximate percentage both by weight and by volume of each material component of each such product; (I) the temperature ranges for which each product(s) was intended to be used; (j) the product's generic name; (k) the product's trade or brand name; (l) the container in which the product was shipped (i.e., paper bags, cardboard boxes) including the size and amount of the container; (m) a description of any logos, writing impressions or identifying markings which appeared on the product, as well as a description of the package used, the dates that type of package was used, and any logos, product names, trademarks, etc. which appeared on the package; (n) whether the words "non-asbestos" or "asbestos free" were used on the package; (o) a detailed description of the intended method of preparation and application of the product; (p) a description of the physical appearance of the product, including size, shape, color and texture. AN3WER: Defendant objects to this interrogatory on the grounds that It is vague, overly broad, unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. 13 8 06 Did Defendant ever market or distribute any asbestos-containing product manufactured in whole or in part by someone else? if so, please state the following for each such product: (a) the name and address of the manufacturer; (b) the product's trade and brand name; (c) the organizational unit of Defendant who did so; (d) date(s) beginning, ending and during which the marketing or distributing took place; (e) whether the product was distributed through the same channels as those used for products manufactured by Defendant, and if not, please explain the exact channels of distribution; (f) identify all documents relating the marketing or distribution. ANSWER: See Answer to Interrogatory No. 5. 8.1 Does Defendant have reason to believe that any of the asbestos-containing products listed in response to Interrogatory No. 5 were used at any of the sites listed on Exhibit A, attached hereto. If your answer is "yes", please state: (a) The basis of your answer. (b) Please state which of Defendant's asbestos-containing products listed in Interrogatory No. 5 were used at each job site listed on Exhibit A. ANSWER: Defendant objects to this interrogatory on the grounds that it is vague, overly broad, unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, PLIBRICO answers as follows: No. 8.2 For each company or business that Defendant knows may have marketed, distributed, installed, and/or sold, those products listed in response to Interrogatory No. 5, please state the following as to each job site listed on Exhibit A. (a) The name and address of each such company; 14 (b) The date of each sale from Defendant to such other company; (c) The name of the person at each other company with whom Defendant primarily dealt; (d) Names and quantities of the asbestos-containing products that you marketed, distributed, installed, and/or sold to each such company from 1950 to 1974; (e) Please identify all documents relating to the sales to each such company. AMSWEB: M/A. S.3 If you do not know any business that may have marketed, distributed, installed, and/or sold the products listed in response to Interrogatory No. 5 to any of the job sites listed on Exhibit A, please state the names and fast known addresses of those companies who Defendant knows marketed, distributed, installed and/or sold their asbestos-containing products in Ohio from 1950 to 1974. For each of those companies, please state the following; (a) Name and address of each such company; (b) The dates of each sale from Defendant to such other company; (c) The name of the person at each other company with whom Defendant primarily dealt; (d) The names of the asbestos-containing products that Defendant marketed, distributed, and/or sold to each such company from 1950 to 1974. ANSWER: (a) Plibrico Sales and Service, Inc., 590 E. Western Reserve Road, Youngstown, Ohio 33881; Plibrico Sales and Service Co., Division of Frank W. Schaefer, Inc., 1500 Humphrey Ave., P.O. Box 1508, Dayton, Ohio 45401. (b) Unknown. (c) James Brown; Richard L. Schaefer. (d) Plicast Airlite and Plicast LWI-24G. 15 8.4 Does Defendant have records and/or any knowledge that reflects sales of their asbestos-containing products to any of the sites listed on Exhibit A, attached hereto? If so, please state the following as to each job site listed on Exhibit A: (a) The names and last known addresses of those people with such knowledge. (b) The location of such records. ANSWER: Upon diligent inquiry, Defendant was unable to locate any documents or sales records which indicate that its sales reps for any asbestos-containing products called on the sites listed on Exhibit A of Plaintiffs' Master Set of Interrogatories. Investigation continues. 9. Did Defendant or any of Defendant's distributors, as listed in response to Interrogatory Nos. 8.1,8.2, and/or 8.3 have sales representatives who specifically called on the sites listed on Exhibit A, attached hereto, from 1945 to 1975? If your response is yes, as to each site listed on Exhibit A, please state the following: (a) The name and last known address of each such representative and whether they are still employed by Defendant; (b) The period of time they acted as your representative; (c) Their general responsibility as to each facility; (d) Whether that person Is still alive; and (e) Any documents relating, referring or pertaining thereto. ANSWER: Defendant objects to this interrogatory on the grounds that it is vague, overly broad, unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, PUBRICO answers as follows: Upon diligent inquiry, Defendant was unable to locate any documents or sales records indicating sales reps who specifically called on any of the sites listed on Exhibit A of Plaintiffs' Master Set of Interrogatories. Investigation continues. 9.1 Identify all managers and sales personnel responsible for your sales or installation of any asbestos-containing products in Ohio from 1930 to the present and 16 state their position, last known address and the local or regional office through which they were employed. ANSWER: See Answer to Interrogatory No. 8.3. 10. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing products? If so, please state: (a) The name of each subdivision; (b) The full address of the home office and tha date such subdivision or subsidiary was engaged in this contracting business; and (c) Whether said division or subsidiary conducted such business at any of the sites listed on Exhibit A, from 1940 to 1975? If so, please state the following as to each job site listed on Exhibit A: (1) The dates of such contracts; (2) The specific asbestos-containing products that were used ore removed in each contract. ANSWER: PLIBRICO and its subsidiary sales offlees have engaged in the business of refractory construction and installation of PLIBRICO products. PLIBRICO has no records which indicate that the installation of any of its limited line of asbestos-containing products were installed at any of the sites listed on Exhibit A. 11. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing refractory? If so, please give the name of each subdivision, the full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business. AN8WER: See answer to Interrogatory No. 10. 12. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 5 have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER: Defendant objects to this interrogatory on the grounds that It is overly broad and unduly burdensome, and seeks Information neither relevant to 17 the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Defendant answers as follows: Any manufacture of asbestos-containing products occurred at the PLIBRICO plant at 1800 North Kingsbury Street, Chicago, Illinois, the PLIBRICO plant in Oak Hill, Ohio or the PLIBRICO plant in Trenton, New Jersey. The PLIBRICO plant in New Jersey opened In the 1930's and burned down in the 1970's. The Chicago and Oak Hill plants are still in existence. 13. Has Defendant, at any time, entered into a "rebranding" agreement with any other company, either as a buyer or a seller, concerning any asbestos-containing products and/or materials? If so, please state: (a) The name of the company manufacturing the asbestos products under such agreement; (b) The trade name affixed to such products; (c) The periods of time covered by each such agreement; (d) The volume (in dollars amounts) of each such transaction; (e) The purchaser of such products; (f) Does Defendant currently have In Its possession any of the writings or contracts concerning such rebranding agreement? ANSWER: No. 13.1 Have you ever owned or operated a business or portion thereof which engaged in construction, erection or tear out of furnaces, pipes, boilers, turbines, lehrs, ovens, kilns, etc? If so, please state: (a) the same of said business; (b) the date of commencing business and cessation of business, if applicable; (c) type of construction or tear out performed; (d) state whether said business installed or supplied asbestoscontaining products on the furnaces, pipes, boilers, turbines, lehrs, 18 etc., i.e., gaskets, pipe covering, block, cement, rope, cloth, clothes, etc., containing asbestos, asbestos pipe, board, etc.; (e) state the trade name and/or manufacturer of any asbestoscontaining product which you installed or supplied to any site on Exhibit A. (f) provide the dates for the applicable construction, Installation or tear out project. ANSWER: (a)-(c) Yes. Since the mid-1980's until the present, Plibrico Sales & Service, Inc., a wholly-owned subsidiary of PLIBRICO, has been engaged in the business of non-asbestos refractory construction and installation, (d) No. (e)-(f) N/A. 13.2 Do you have within your custody, possession, or control any packages that presently or formerly packaged asbestos-containing products or were produced for the purpose of packaging asbestos-containing products contemporaneous with your manufacture sale or distribution of such asbestos-containing products? If so, provide the following: (a) a description of each such package; (b) the present location and custodian of each such package; (c) the date or approximate date on which each such package was produced. AMSmfr No. INFORMATION ABOUT PESION/TESTINO 14. What is the name, address and job title of each individual who participated in the design and preparation of manufacturing specifications for each such product listed above In answer to Interrogatory No. 5? ANSWER: George Sellers, deceased. 15. As to each product listed in response to interrogatory No. 5, please describe how each product was to be cut, shaped, scribed, mixed and applied on the job. (In answering this question, give particular reference as to whether or not the materials were 19 to be sawed or cut on the Job, blown into confined areas, mixed with water in a cement or paste.) ANSWER: The materials were to be mixed with water into a cement-llke consistency and applied. Plicast LWI-24G was to be pneumatically applied, and PLIBRICO also possesses documents which suggest that at one time, Plicast Airlite was formulated for pneumatic application. 16. Based upon the material contents of the asbestos-containing products, the method of manufacturing, and the method of application, please state which products listed in Interrogatory No. 5 could be applied by a worker without creating dust. ANSWER: Defendant objects to this interrogatory on the grounds that it is vague, overly broad, unduly burdensome, calls for expert opinion and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, PLIBRICO answers as follows: Plicast Airlite and Plicast LWI-24G. 17. _Do any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character now exist relating to the design and preparation of the products listed in answer to Interrogatory No. 57 If so, please: (a) List each such written material or document; (b) Identify the person or persons presently in possession of each such document; (c) State where each such document is located. ANSWER: Upon diligent inquiry, Defendant was unable to locate any documents responsive to Interrogatory No. 17. Investigation continues. 18. Prior to releasing the products listed In Interrogatory No. 5 for sale and usage, were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name of the products tested and the date of each test. 20 (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: No. 18.1 Prior to releasing any products for sale and usage (whether aabestoscontaining or not), were any tests (either animal or human) conducted on said products to determine potential health hazards involved In the use of, or exposure to, the materials and/or products? If so, please state: (a) The name of the products tested and the date of each test. (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: No. 19. Does Defendant have or control any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character relating to the testing of the products listed in Interrogatory No. 5 hereinabove? (a) Identify each such written material or document; (b) Identify each person who presently has possession of each such document; (c) State where each such document Is located. ANSWER: No. 20. Were any design changes or modifications made as a result of such tests listed in answer to Interrogatory No. 18 hereinabove? If so, please state: (a) The trade name of the product changed or modified; 21 (b) The nature of the change made and the date of such changes or modifications; (c) The name, address, and job classification of each person in charge of making a change. ANSWER: N/A. 21. After releasing for sale, distribution or marketing the products listed in answer to Interrogatory No. 5; did Defendant conduct any tests (either on animals or humans) to determine potential health hazards involved in the use of said materials and/or products? (a) The names of the products tested and the dates of said tests; (b) The name, address, and job classification of each person and/or agency conducting said tests; (c) The results of said tests; _(d) Whether, as a result of any tests conducted, any products were removed from the market; (e) The names of all products removed from the market as a result of said tests. ANSWER: No. 22. Has Defendant ever conducted or caused to be conducted any studies concerning the effects of the inhalation of asbestos dust and/or fibers on workers or other persons applying, using and/or working around any of the asbestos products manufactured, sold, distributed and/or relabelled for distribution by you or your predecessor? If so, please state: (a) The dates and nature of such studies; (b) The names and addresses of persons conducting such studies; (c) The purpose of such studies; (d) Identity and list those persons to whom such reports were given and the date of such dissemination; 22 (e) State any publication or other written dissemination of the results of such studies; (f) State the nature of any action to eliminate or minimize the inhalation of asbestos dust fibers; and (g) Attach a copy of reports based upon such studies. ANSWER: No. INFORMATION ABOUT SAFETY 23. Before placing In the market the asbestos-containing products that Defendant, mined, manufactured, sold, marketed, installed or distributed on the market, did Defendant make or cause to be made, any studies to determine whether their asbestoscontaining products would be hazardous to people? If so, please state: (a) The date of said studies; (b) What studies were done; and (c) The titles of each study. AN8WER: No. 24. Please state whether or not Defendant ever conducted or caused to be conducted any tests in the field (where asbestos-containing products were applied, removed or utilized) to determine the nature and extent of asbestos dust and/or fiber exposure to insulators, applicators, fellow employees, or other workers removing and/or tearing out asbestos-containing products, and/or other workers in the vicinity thereof? If so, please identify: (a) The date, place and nature of each and every test; (b) The particular asbestos-containing products to which each test applied; (c) The results of each test with particular reference to the number of asbestos fibers per cubic centimeter of air found at each site; and (d) The persons to whom the results said tests were given and the date of such dissemination. 23 ANSWER: No. 25. Please state whether or not Defendant ever obtained any knowledge concerning the likelihood of asbestos being hazardous to human health. If so, please state: (a) When Defendant first became aware of the hazardous potential of asbestos dust and asbestos fibers; (b) The manner in which the Defendant, Defendant's predecessor, or Defendant's subsidiary companies first obtained this knowledge and became aware of said hazards and from what source this information was obtained; (c) What information was disseminated within Defendant's company, or Its subsidiary or predecessor regarding such adverse consequences or effects; (d) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form; (e) The name, address and job classification of the custodian of such information. ANSWER: Defendant objects to Interrogatory No. 25 on the basis that it is vague, conclusory and calls for expert opinion. Subject to and without waiving these objections, Defendant answers as follows; Yes. (a) 1972. (b) PUBRICO became aware of the potential hazardous nature of asbestos through publication by the general media of OSHA's standards concerning asbestos. (c) OSHA Standards relating to asbestos were disseminated within Defendant's Company. (d) Yes. (e) Len Krietz, Technical Director, Pllbrlco Company, 1800 North Kingsbury Street, Chicago, Illinois 60614. 24 26. Please state when Defendant first became aware of the possible association between Inhalation of asbestos dust and/or fibers and the contraction of asbestosis and cancers including, but not limited to gastrointestinal cancer, laryngeal cancer, renal cancer, lymphoma, lung cancer and mesothelioma. As to each disease or condition, please state the source of that information, including a description of all tests conducted relative to the possibility of such a relationship. ANSWER: See Answer to Interrogatory No. 25. 27. Please identify ail physicians, industrial hygienists, and other employees (including their names and addresses) who were employed, retained or otherwise engaged by Defendant for research, Investigation or study concerning asbestos or asbestos-related diseases. ANSWER: None. 28. As to each person who acted in a medical advisory capacity (as It relates in any way to asbestos) to Defendant, please list their name, the date individual aoted in this capacity, and that person's current address and job title. ANSWER: None. 29. Please state if any medical officer or industrial hygienist or medical consultant ever made at any time any recommendations and/or suggestions to Defendant pertaining to the risks or hazards to persons Involved in the manufacture or use of asbestos products and, If so, please state when, by whom or to whom such recommendations and/or suggestions were made and the substance of each recommendation. ANSWER: No. 30. Please state the scientific and/or medical periodicals to which Defendant, its medical department, research department, Industrial hygiene divisions, engineering department or consulting physicians subscribed between 1945 and 1975. ANSWER: None. 25 30.1 Please state whether Defendant, its medical officer or Industrial hygienist or medical consultant or physicians were ever involved in testing or received literature or correspondence from the Mellon Institute. ANSWER: No. 30.2 Has any engineer, industrial hygienist or physician in your employ been a member in any professional group, trade group or any of the following groups: Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Asbestos Information Association industrial Health Foundation Industrial Hygiene Foundation Iron and Steel Institute National Safety Counsel Refractories Institute Air Hygiene Foundation of America, Inc. Sprayed Mineral Fiber Association If the answer is yes, state the following: (a) The name of the group or groups in which the individual^) were members; (b) The name and position individual(s) within the Defendant, as defined, who were members; (c) The years the individual(s) were members of the groups; (d) Whether the Defendant paid the individual(s) dues or membership fees or reimbursed the individual(s) for dues or membership fees in the group. ANSWER: Yes. (a) (d). PLIBRICO, either as a corporation or through individual employees, has been a member of the Refractories Institute and the American Ceramics Society. Current information reveals evidence of membership to the Refractories Institute from the 1950's to the present, and members from the corporation at various times included Robert Schaefer, Sr., Leonard Kriatz (Technical Advisory Committee since approximately 1984), Robert Fisher (Executive Committee), Hugh 26 Harbin, Mark Fraulini (Manufacturing Committee) and Lorraine Leung (Health-related Committee). Current information also reveals evidence of membership to the American Ceramic Society from 1041 to the present. PLIBRICO has copies of the American Ceramics Society bulletin dating from the 1950's to the present. These documents will be made available for photocopying and Inspection at 1800 North Kingsbury, Chicago, Illinois, at a mutually agreeable time. 31. State in detail what test, if any, Defendant ever made with regard to the quantity, quality, or threshold limit values of asbestos dust, fibers or particles to which workers were exposed while using, working with and/or around, installing and/or applying your asbestos-containing products. ANSWER: N/A. 32. For each test described in Interrogatory No. 31, please give the name of the person conducting the test, the date of the test, and attach true copies of any documents, including but not limited to, reports, findings or memoranda concerning such tests or studies. ANSWER: N/A. 33. Please state the year that Defendant was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Governmental industrial Hygienists and state the name of the employee/official of the company receiving such advice. ANSWER: PLIBRICO is presently aware of the ACGIH threshold limit value for asbestos. It became aware of the ACGIH recommendation regarding asbestos in 1972, at approximately the same time the OSHA regulations on asbestos became law. The individuals who originally obtained such knowledge are unknown. Robert Schaefer, Jr. is presently aware of the ACGIH recommendation regarding asbestos. 33.1 State whether this defendant at any time caused to be conducted on any job site, any air sampling, dust counts, tests or other activities to determine air quality or worker safety. If your answer is in the affirmative, please indicate: (a) the date of any such air samples, tests, or activities; (b) by whom such activities were performed; 27 (c) where such activities were performed; (d) the results of any such activities. AN8WER: No. 34. Does Defendant maintain a library dealing with industrial hygiene, medicine, safety and engineering and/or research? If so, state: (a) The date each such library was established; (b) The location of each library; (c) The name(s) of the librarian(s) since 1930; (d) List all journals subscribed to by you concerning asbestos, industrial hygiene, medicine, safety, and/or engineering; (e) List all books and articles dealing with asbestos and asbestosrelated diseases and the date acquired. ANSWER- No. 35. Did Defendant in the 1920's or 1930's commission, or participate in the arrangements with Metropolitan Life Insurance Company for studies at the Trudeau Foundation at Saranac Lake, New York, concerning the effect of Inhalation or ingestion of asbestos fibers upon human and/or animal bodies. AMSWEfr No. 36. When was Defendant first aware of reports of studies of the Trudeau Foundation at Saranac Lake, New York, entitled "Effects of the Inhalation of Asbestos Dust in the Lungs of Asbestos Workers" by A.J. Lanza, Assistant Medical Director published in the J. Public Health Report, Vol. 50, No. 1, dated January 4, 1935 {"Lanza Report")? ANSWER: Unknown. 36.1 Did you ever contract with Saranac Laboratories to study the hazards of any dust producing product manufactured by you (whether asbestos containing or 28 not)? If so, identify by date and author all documents concerning or any way related to such study. ANSWER: No. 38.2 Did you ever contract with Saranac Laboratories to analyze dust or products? if so, identify by date and author ail documents concerning or any way related to such analysis. ANSWER: No. 37. Please state whether the Defendant at any time has been a member of any "trade organization" or "trade association" composed by other manufacturers, miners, distributors, and/or sellers of asbestos-containing products and, if so, please Identify the name and address of each such association or organization, the dates of membership, and the names of any publications issued or written by such association or organization. ANSWER: See Answer to Interrogatory No. 30.2. In addition, PLIBRICO has. - received the American Ceramics Society Bulletin and Journal of American Ceramics Society and Abstracts. 38. With respect to each trade organization or association listed in answer to Interrogatory No. 37, please state whether the minutes of the group's meetings and any correspondence between the members of such groups concerning the hazards of asbestos exposure are available. ANSWER: No. 39. Please Identify by name the technical and trade association periodicals to which the Defendant subscribed, and state whether Defendant had Knowledge of any articles being printed, or withheld from printing, in said periodicals pertaining to the potential hazards of asbestos. If so, please state the following: (a) The title of each such article; (b) The periodical in which each such article was published; (c) The date each such article was published; 29 (d) A detailed explanation of the reason for withholding any such article for printing; (e) Produce documentation which refers, alludes or mentions articles which were withheld for publication. ANSWER: By virtue of its membership, PLIBRICO received the American Ceramics Society Bulletin, Journal of American Ceramics Society and Abstracts. Upon diligent inquiry, Defendant was unable to locate any articles which pertain to the potential hazards of asbestos in the publications in its possession. (a) N/A. (b) N/A. (c) N/A. (d) N/A. (e) N/A. 40. Please state whether, prior to 1975, the Defendant sponsored, or attended any meeting, seminar, conference, convention or legislative hearing where the subject of occupational health and exposure to asbestos was discussed and, if so, please state the date and place of such meeting and the name and address of any speakers or participants. ANSWER: No. WARN1NG8/8ALES PROMOTION 41. As to each product listed In response to Interrogatory No. 5, please state whether Defendant, at any time, published and/or distributed any printed materials, Including but not limited to brochures, pamphlets, catalogs, packagings or other written materials of any kind or character that contain any warnings, cautions, caveats or directions concerning the possible health effects of the products on a person. If so, please state as to each product; (a) The name of each relevant product; 30 (b) The wording of each such warning; (c) A description of each such printed material; (d) The method used to distribute the warning to persons who are likely to use the products; (e) The date each such warning was issued; (f) Whether any warning accompanied any of your asbestoscontaining products' sales literature, handout or pamphlets; (g) Please attach a copy of the warning and date said warning was issued; (h) The name, address, and job classification of each person who presently has possession of the above-described documents; (I) The name or names and addresses of the company who provided, produced, or manufactured the boxes or containers on which the warning appeared and dates these boxes with the warnings appeared. ANSWER: No. 42. Has sales material been prepared by Defendant or its agents for purposes of marketing or advertising the asbestos products listed in answer to Interrogatory No. 5? If so, please state: (a) The name and address of each person or entity who prepared same; (b) The name, address and job title of each person who presently has possession of same; (c) The date same was prepared; (d) The media used to disseminate the sales material. ANSWER: Yes. (a) Unknown. Robert Schultz, Vice President of Marketing. 31 (b) Sharlock, Repcheck & Mahler, 3280 USX Tower, 600 Grant Street, Pittsburgh, Pennsylvania 15219. (c) Unknown. (d) Sales brochures. 43. Has any written material of any kind or character been prepared by Defendant, Defendant's predecessor or any of Defendant's subsidiary companies or their agents indicating how the products listed in answer to interrogatory No. 5 should be used or maintained by the ultimate user or those working in facilities or at Job sites where the product was used, installed or removed, including, but not limited to, those sites listed on the job site list attached as Exhibit A. If so, please state the following: (a) The name, address and job classification of each person who prepared same; (b) The name, address and job classification of each person who presently has possession of same; (c) The dates and manner in which said material was distributed to purchasers of the products in answer to Interrogatory No. 5. AN9WER: Yes. (a) Unknown. Investigation continues. (b) Sharlock, Repcheck & Mahler, 3280 USX Tower, 800 Grant Street, Pittsburgh, Pennsylvania 15219. (c) Unknown. 44. Was any written material of any kind prepared by Defendant and distributed to those individuals listed in response to Interrogatory No. 9? If so, please state the following: (a) Identify the written material by content and date; (b) To whom was it delivered. ANSWER: No. 32 45. Doss Defendant contend that asbestos-containing products can be manufactured so as to eliminate all potential health hazards to persons working with or around, installing or applying same? If so, please state the following: (a) The date that Defendant first determined that another product could be used in place of asbestos; (b) The chemical of the substitute; (c) Whether the substitute is suitable for the purpose for which they are to be used; (d) Whether Defendant used the substitute for asbestos to 1971; (e) Whether Defendant ever used the substitute for asbestos for high or low heat insulation. ANSWER: Defendant objects to this interrogatory on the grounds that It is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this interrogatory on the additional ground that it calls for expert opinion. 46. Did Defendant give any warnings to any Individuals at the sites listed on Exhibit A, including any Individuals who owned, operated, or managed the facilities at the sites listed on Exhibit A, regarding the potential health hazards of any product listed in response to Interrogatory No. 5. If yes, please state: (a) Name of person most knowledgeable about thiscommunication. (b) Name of person at the sites listed on Exhibit1, attached hereto most knowledgeable about this communication. (c) Dates of each communication. (d) Contents of each communication. ANSWER: No. 33 KNOWLEDGE OF PREVIOUS INJURIES 47. Did any person prior to 1970, Tile a claim against any Workers' Compensation carrier covering Defendant alleging that he or she contracted a disease as a result of exposure to asbestos? If so, please state the following: (a) A list of each such claim by claimant's name, date filed, the caption and jurisdiction involved; (b) The disease alleged In each such claim; (c) A brief summary of the disposition of each such claim; and (d) The name, address and job classification of the person or persons having custody of the records pertaining to each such claim. ANSWER: No. 47.1 Please identify all documents concerning or in any way related to any decisions made by you to cease manufacturing asbestos-containing products. ANSWER: Upon diligent inquiry, Defendant was unable to locate any documents responsive to this interrogatory. 47.2 Has any person or company from which you purchased asbestos containing products ever issued a recall of their products or taken any action to take those products off the market after said products were in your possession? If so, provide: (a) the date of said recall; (b) the name of the company which issued the recall; (c) a copy of the recall. ANSWER: Defendant objects to this interrogatory on the grounds that it is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this interrogatory on the additional ground that it calls for information pertaining to entities over whom this Defendant has no control. Subject 34 to and without waiving these objections, Defendant answers as follows: No. investigation continues. 47.3 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the manufacture or production of asbestos-containing products. ANSWER: Defendant objects to this interrogatory on the grounds that it is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this interrogatory on the additional ground that it calls for expert opinion. Subject to and without waiving these objections, Defendant answers as follows: Defendant removed asbestos from its only asbestos-containing products in 1972, when it learned through the general media of the OSHA standards and the dangers of asbestos. 47.4 State what action, If any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the use, as distinguished from the manufacture, or exposed to the use of asbestos-containing or industrial insulation products or who were otherwise exposed to asbestos-containing or industrial insulation products. (a) describe such action; (b) state when such action was taken; (c) state what written material exists related to such action; (d) state the names, job titles and last known address of the individuals who undertook such actions. ANSWER: Defendant objects to this interrogatory, including subparagraphs (a) through (d) on the grounds that it is overly broad and unduly burdensome, and seeks Information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this interrogatory on the additional ground that it calls for expert opinion. Subject to and without waiving these objections, Defendant answers as follows: Defendant removed asbestos from Its only asbestos-containing products in 1972, when it learned through the general media of the OSHA standards and the dangers of asbestos. 35 45. Did Defendant receive notice prior to 1968 that any person was claiming injury as a result of using asbestos products manufactured, sold, installed, and/or distributed by Defendant? If so, please state: (a) The name and address of each claimant; (b) The date of notice of each claim; (c) A description of the claim; (d) The type of injuries allegedly sustained; (e) The name and address of each attorney representing the individuals making such claims; (f) The style and court number of each such claim; (g) The resolution of each claim. ANSWER: No. 48.1 Describe the method by which you have maintained records concerning the manufacturer, sale, supply, distribution, use, advertising, delivery and/or Installation or tear-out of each of asbestos-containing products. For each description provide the following: (a) each present and former company or corporate department, division or subdivision responsible for maintaining such records; (b) the manner in which the records are kept (e.g., boxes, computer tape, microfilm, etc.); (c) the inclusive dates of any such manufacturer, sale, supply, distribution, use, advertising, delivery, and/or installation or tearout which such record keeping system covers; (d) the present location at which all such records are maintained; (e) the identity of each person employed by you at any time from 1930 to the present who is or was responsible for the collection and maintenance of such records. 36 ANSWER: Defendant objects to this interrogatory on the grounds that it is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Defendant answers as follows: (a) N/A. (b) Card files, boxes and computer records. (c) Varies. (d) PLIBRICO Company, 1800 North Kingsbury Street, Chicago, Illinois 60614. (e) Robert W. Schaefer, Jr,, Secretary. 48.2 State whether any records concerning the manufacture, sale, supply, distribution, advertising, delivery, use or installation or tear-out of asbestos-containing products have been destroyed or discarded and if so, indicate: (a) the date and location of such destruction or discard; (b) the custodian and location of such records prior to their destruction or discard and the identity of each employee, representative, official or agent who ordered, authorized or supervised such destruction or discard. ANSWER: Defendant, in the usual course of business, has disposed of a wide range of its records and documents over the years, none pertaining specifically to its asbestos-containing products. (a) Unknown. (b) Unknown. 48.3 For ail documents, other than invoices, work orders and/or purchase orders, which relate to matters relevant to the ail the preceding interrogatories: (a) Is there any kind of index for the documents? (b) How many pages is the index of documents? 37 (c) (d) (e) mgyvift; (a) (b) (c) (d) () How many documents are referred to in the index? is the index maintained in electronic format (l.e. database, word processing or other computerized format)? What manner of electronic format is used? No. N/A. N/A. N/A. N/A. 48.4 For all Invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: ^a) Is there any kind of index for the documents? (b) How many pages is the index of documents? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (l.e. database, word processing or other computerized format)? (e) What manner of electronic format is used? ANSWER: Defendant objects to this interrogatory, including subparagraphs (a) through (d), on the grounds that it is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Defendant answers as follows: Defendant has not identified all invoices, work orders and/or purchase orders, which relate to matters relevant to Plaintiffs' interrogatories ggr s, but has maintained records in the usual course of business which pertain to all of its products. (a) N/A. 38 (b> N/A. (c) N/A. (d) N/A. () N/A. PLAINTIFF/DECEDENT 49. Has Defendant obtained statement from any witnesses Including the Plaintiffs? If so, please: (a) list each witness who has given a statement and the name, address, and job title of each person having custody of any such statement. ANSWER No. 50. Do you contend that the Plaintiff/Decedent improperly used those products listed in response to Interrogatory No. 5? If so, please set out In detail in what respect the product was Improperly used. ANSWER: Yes. Defendant will provide a timely answer to any issues regarding Plaintiff/Decedent's improper and alleged use of Defendant's products listed in Response to Interrogatory No. 5. 51. As to the sites listed on Exhibit A, and as to each Plaintiff/Decedent, please state whether Defendant contends that there was any substance other than asbestos which contributed or caused Plaintiff/Decedent's injuries. If your answer is yes, please state the following: (a) The facts upon which you rely: (b) The identity of the sources upon which you rely which substantiate these facts. ANSWER: Defendant objects to this interrogatory, including subparagraphs (a) through (d) on the grounds that it is overly broad and unduly burdensome, and seeks Information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible 39 evidence. Defendant further objects to this interrogatory on the basis that it calls for expert opinion. Subject to and without waiving these objections, Defendant answers as follows: Unknown at this time, investigation continues. RESPIRATORS 52. Would any respirator, mask or other breathing devices prevent inhalation of the asbestos dust and fibers contained in products listed in answer to Interrogatory No. 5? If so, state: (a) When the respirator was sold: (b) A detailed description of such respirator or other breathing devices, including name of manufacturer and model number; (c) The basis of your claim that such respirators or other breathing devices will prevent the inhalation of such dust and fibers; (d) Identify any tests performed regarding the efficaciousness of such respirators and other breathing devices in preventing the inhalation of asbestos dust and fibers including date, title, author and number; (e) List all documents which mention, allude or refer to tests performed on breathing devices which prevented the inhalation of asbestos dust and/or fibers. ANSWER: Defendant objects to this interrogatory, Including subparagraphs (a) through (d) on the grounds that it is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this interrogatory on the basis that it calls for expert opinion. Subject to and without waiving these objections, Defendant answers as follows: Unknown at this time. Investigation continues. 53. Does Defendant expect to call expert witnesses at the trial of this case? If so, please state the following: (a) Their identity, last known address; (b) The subject matter on which the expert is expected to testify; 40 (c) The expert's specific conclusion and specific opinions and the specific basis therefore; (d) The expert's qualifications to render the opinions set forth above; (e) Whether any person identified in sub-paragraph (a) above has provided a report or other documentation to you, and if so, identify such document or report; (f) Identify all documents that you have provided to each person identified in response to sub-paragraph (a) above; and (g) Describe in detail the education and work history of, and identify any books, treaties, article, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to sub-paragraph (a) above. Alternatively, in lieu, of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answer. ANSWER: Defendant will provide expert witness disclosures In a timely manner, and in accordance with the Ohio Civil Rules. 54. Please state the name and last know address of each expert witness who is not retained or employed for that purpose who is an employee of Defendant and will render an opinion within his expertise at the time of trial. ANSWER: Defendant will provide expert witness disclosures in a timely manner, and in accordance with the Ohio Civil Rules. 55. Does Defendant admit that service of process was properly had on it In these cases.? If not, please state why. ANSWER: N/A. 55.1 For each and every affirmative defense asserted in the answering defendant's Answer to Plaintiffs' Complaint, the Cross-Claims or Counter-Claims of any party against this answering defendant state: (a) the facts upon which the answering defendant relies for each and every affirmative defense; 41 (b) each and every document which will be offered to prove each and every affirmative defense; and (c) each and every witness who will testify In support of each and every affirmative defense. (d) the substance and subject matter of the anticipated testimony of each witness identified in the preceding response. ANSWER: Defendant will provide this Information in a timely manner, and in accordance with the Ohio Civil Rules. 56. Does Defendant have policies of insurance that might cover the claims that have been made by the Plaintiffs herein? (a) If so, please list the name of each insurance carrier who may have coverage, the amount of such coverage, and the dates of each such policy. ANSWER: Yes. (a) PUBRICO and its subsidiaries have been insured by Liberty Mutual Insurance Company since 1921, with varying levels of coverage at various times. 56.1 Have you ever been involved in any litigation concerning potential insurance coverage for asbestos products liability matters? If so, please state; (a) the case caption, court and date of filing of eaeh case in which you have been involved; (b) whether you were plaintiff or defendant; (e) a brief statement of the issues; (d) identify by date, author and reclplent(s), (including recipients of carbon copies) all documents listed as exhibits by either party in this litigation; (e) Identify by deponent and date all individuals who were deposed in these cases; 42 (f) identify by data, author and recipient(s) all documents that have been placed on a protective order in such litigation; (g) identify ail expert witnesses retained for use at trial in any of the above litigation by name, address and telephone number. ANSWER: Defendant objects to this interrogatory, including subparagraphs (a) through (d) on the grounds that it is overly broad and unduly burdensome, and seeks information neither relevant to the subject litigation nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this interrogatory on the basis that it calls for a legal conclusion. Subject to and without waiving these objections, Defendant answers as follows: No. 57. Please state the name and address of each person who has knowledge of relevant facts regarding claims and defenses of this lawsuit. ANSWER: Unknown at this time. Investigation continues. 58. State the last date that this Defendant sold, distributed, manufactured, installed, and/or otherwise placed asbestos-containing products into the stream of commerce. ANSWER: See Answer to Interrogatory No. 5. SHARLOCK, REPCHECK & MAHLER BY: John. Attorneys for Defendant, Plibrlco Company X:\KMM\ASSEST06M PUBM0HI0mcOVimsuu(E4.lNT 43 CERTIFICATE OF SERVICE I the undersigned hereby certify that true end oorreet copy of the foregoing SECOND AMENDED ANSWERS TO INTERROGATORIES PROPOUNDED TO PLZ1RZCO COMPANY wee served on the following counsel of reaord, by first class mail, postage prepaid on July 10, 1998 Bruce Carter, Esquire BARON & BUDD 43-1 New Oarvsr Road Monroe, OX 45050 SHARLOCX, REPCHECK 4 MAHLER, Attorneys for Defendant Pllbrieo Company