Document OzVXr03BkddgegRnv2vkJ7npK

PLAINTIFF'S EXHIBIT STATE OF SOUTH CAROLINA COUNTY OF GREENVIILLE JAMES W. HENDERSON, JR. and BETTY LEE HENDERSON, wife, Plaintiffs, v. AC&S, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) In the Court of Common Pleas C/A No. 98-CP-23-2792 MAREMONT'S RESPONSE TO PLAIN TIFFS' REQUESTS FOR ADMISSION TO DEFENDANT Maremont/Nuturn/Ferodo PRELIMINARY STATEMENT Maremont Corporation ("Defendant Maremont"), One Noblitt Plaza, Columbus, Indiana 47201, incorporated in the State of Delaware, is primarily engaged in the manufacture and distribution of automotive exhaust systems, shock absorbers, MacPherson struts and related hardware and parts. On or about December 15, 1953, Maremont purchased the assets of a company in Paulding, Ohio known as Grizzly Manufacturing Company ("Grizzly"). Grizzly manufactured friction products, including brake linings, clutch facings and lined brake shoes. Maremont sold this division on or about June 30, 1977, to Nuturn Corporation, a wholly owned subsidiary of Turner andNewall, Ltd., except for a 20% interest, which was retained by Maremont. The remaining 20% interest was sold to Nuturn on or about April 23, 1982. Soon after the purchase of Grizzly by Nuturn, Nuturn closed the Paulding facility and transferred the operation to a facility in Smithville, Tennessee. At this time, Maremont does not have in its employ any person or persons who previously worked at the Paulding facility. Furthermore, it appears that very few Maremont employees continued employment with Nuturn. Very little documentation exists within Maremont concerning the Paulding, Ohio operation. Any documentation pertaining to the site that was not discarded by Nuturn upon its move to Smithville would presumably be under the custody and control of Nuturn Corporation, now known as Ferodo. 1- - RESPONSES TO INDIVIDUAL REQUESTS REQUEST FOR ADMISSION NO. 1 Admit or deny that all brake linings for cars manufactured prior to 1970 contained asbestos. RESPONSE Having conducted a reasonable and duly diligent search, Maremont states that the information available is insufficient to enable it to neither admit nor deny this request. Please see the Preliminary Statement that precedes these individual responses. REQUEST FOR ADMISSION NO. 2 Admit or deny that all the brake linings for trucks used by James W. Henderson prior to 1970 contained asbestos. RESPONSE Having conducted a reasonable and duly diligent search, Maremont states that the information available is insufficient to enable it to neither admit nor deny this request. Please see the Preliminary Statement that precedes these individual responses. REQUEST FOR ADMISSION NO. 3 Admit or deny that all asbestos-containing products emit respirable asbestos fibers when handled, touched, abraded, ground or banged. RESPONSE Maremont objects to this Request because it requires Defendant to make a medical and/or scientific conclusion, which Maremont is not qualified to make. Without waiving such objection, and having conducted a reasonable and duly diligent search, Maremont states that the information available is insufficient to enable it to neither admit nor deny this request. Please see the Preliminary Statement that precedes these individual responses. REQUEST FOR ADMISSION NO. 4 2- - Admit or deny that the respirable asbestos fibers that cause disease are usually invisible to the naked eye. RESPONSE Maremont objects to this Request because it requires Defendant to make a medical and/or scientific conclusion, which Maremont is not qualified to make. Without waiving such objection, and having conducted a reasonable and duly diligent search, Maremont states that the information available is insufficient to enable it to neither admit nor deny this request. Please see the Preliminary Statement l that precedes these individual responses. REQUEST FOR ADMISSION NO. 5 Admit or deny that even when no visible dust is created, asbestos-containing products are emitting respirable invisible dust. RESPONSE Maremont objects to this Request because it requires Defendant to make a medical and/or scientific conclusion, which Maremont is not qualified to make. Without waiving such objection, and having conducted a reasonable and duly diligent search, Maremont states that the information available is insufficient to enable it to neither admit nor deny this request. Please see the Preliminary Statement that precedes these individual responses. REQUEST FOR ADMISSION NO. 6 Admit or deny that a person exposed to a level of .01 asbestos fibers per cubic centimeter of air of a length of 5 -10 microns for one day would inhale in excess of I 00,000 asbestos fibers in one day. RESPONSE Maremont objects to this Request because it requires Defendant to make a medical and/or scientific conclusion, which Maremont is not qualified to make. Without waiving such objection, and having conducted a reasonable and duly diligent search, Maremont states that the information available is insufficient to enable it to neither admit nor deny this request. Please see the Preliminary Statement that precedes these individual responses. REQUEST FOR ADMISSION NO. 7 Admit or deny that an exposure to asbestos fibers in length at .01 asbestos fibers per cubic centimeter of air would be invisible to the naked eye. RESPONSE Maremont objects to this Request because it requires Defendant to make a medical and/or scientific conclusion, which Maremont is net qualified to make. Without waiving such objection, and i having conducted a reasonable and duly diligent search, Maremont states that the information available is insufficient to enable it to neither admit nor deny this request. Please see the Preliminary Statement that precedes these individual responses. HOOD LAW FIRM, LLC 172 Meeting Street P.O. Box 1508 Charleston, SC 29402 (843) 577-4435 ___ ,2001 Charleston, South Carolina Robert H. Hood William O. Hanahan, III David L. Harrell C. Lucas Drake 4- - ROBERT H. HOOD BARBARA WYNNE SHOWERS (SC. TN, PA & NJ) HUGH W. BUYCK MARY AGNES HOOD CRAIG ALLISON SNEAD PATRICK ROBERT H. HOOD, JR. (NC & SC) OF COUNSEL DEBORAH HARRISON SHEFFIELD DIRECT DIAL: (843) 577-1225 Hood Law Firm, llc ATTORNEYS AT LAW 172 MEETING STREET POST OFFICE BOX 1508 CHARLESTON SC 29401 (843) 577-4435 FAX: (843) 722-1630 E-MAIL: HLF@HOODLAW.COM EMAIL: SARAH G. ANDERSON (SC & NY) WILLIAM O. HANAHAN, III DAVID W. OVERSTREET DAVID L. HARRELL C. LUCAS DRAKE SALLY RENTIERS YOUNG MARK A. CRAWFORD (SC & GA) CHILTON E. GRACE D. NATHAN HUGHEY J. BLANTON O'NEAL, IV DARREN K. SANDERS PAUL E. SPERRY REESE R. BOYD, III david_harrdl@hoodIaw.com April 6, 2001 Richard J. Lutzel, Esquire WALLACE & GRAHAM, P.A. 525 North Main Street Salisbury, NC 28144 Re: SC/James Henderson v. AC&S, Inc., et al C/A No. 98-CP-23-2792 Our File No. 40091.45 CCR No. 9711107357 Dear Rick: Enclosed please find Maremont's Response to your Request for Admissions in the above-referenced matter. Kind regards, Yours truly, DLH/eab cc: All Defense Counsel David L. Harrell Asbpi/sc/letters/L-Lutzel (Maremont RRTA)