Document QX6g23DjOJze8p9qOE8DebjgL

UNITED STATES DISTRICT COURT EASTERN DISTRICT.OP MISSOURI EASTERN DIVISION |V^. EXHIBIT^ 11 RA-araa^s^ l EMIL A. PFANNEBECKER, et al. `Plaintiffs, vs. JOHNS-MANVILLE SALES CORPORATION, et al., Defendants. ) ) ) ) ) cause No. 80-694C (B) ) ) ) ) ) ANSWERS OF DEFENDANT CAREY CANADA, INC. TO PLAINTIFFS' INTERROGATORIES Comes now Defendant Carey Canada, Inc. and for its answers to Plaintiffs' interrogatories states as follows: 1. (a) (c) Defendant, Carey Canada, Inc., was incor porated in Quebec, Canada, in 1955 and began operation in 1958. Defendant's original corporate name was Carey Canadian Mines, Ltd. Defendant has mined asbestos from 1958 to the present, with its place of business located at East Broughton Station, Quebec, Canada. Defendant's address is Post Office Box 190, East Broughton Station, Quebec, Canada. (d) Defendant has only been involved in the mining and milling of raw chrysotile asbestos fiber. Although Defendant sells several different lengths of fiber, the vast majority of the fiber which is mined and milled is of the grade 7 classification (short). . (e) Defendant objects to this interrogatory as it - is irrelevant and not likely to lead to the discovery of admiss ible evidence. Without waiving this objection and pursuant to the Rules of Civil Procedure, Defendant will state that such records are available at Defendant's place of business in Quebec, Canada, and that upon proper request and showing of relevancy, such information can be obtained for the Plaintiff for the years 1958 to 1979. ' ' 2. Refer to Corporate History attached, marked Exhibit "A". 3. Available records indicate that Defendant made some sales of asbestos fiber to divisions of Certain-Teed Company in Pennsylvania. Available records do not indicate any sales to a Keasbey and Mattison Company plant or a Certain-Teed Company plant on St. Cyr Road in St. Louis, Missouri. AS investigation is still continuing in this case, Defendant will file supplemental answers to these interrogatories if applicable information is subsequently obtained. 4. See answer to No. 3 above. 5. Defendant objects to this interrogatory insofar as it requests Defendant to render a medical opinion. Defendant is not a medical expert and is not required to render a medical opinion. Without waiving its objection. Defendant will state that it is now aware of statistics showing a connection with lung illness where there is a prolonged exposure to asbestos. However, this association has only in recent times been established and accepted by the medical, scientific, and industrial community. In addition, Defendant has been advised that mesothelioma is a form of cancer and that the actual cause of cancer is unknown. Defendant is aware of the continuing controversy, and it is attempting to keep abreast of the relevant medical information as it is developed. 6. In July of 1971, Defendant used the following caution label on its bags of raw asbestos: CAUTION THIS BAG CONTAINS CHRYSOTILE ASBESTOS FIBERS. PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADEQUATE PROTECTIVE DEVICES BECUASE IT HAS BEEN ALLEGED THAT INHALATION OF THIS MATERIAL OVER LONG PERIODS MAY BE HARMFUL ' In 1972, Defendant used the following caution label on its bags: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM The warning, would'have' been stamped on the bags as indicated above. In July, 1979, Carey Canada, Inc. revised the warning ' label to read as follows: * -2- CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. INCLUDING CANCER AND ASBESTOSIS IF DUST IS CREATED, PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADEQUATE PROTECTIVE DEVICES. SMOKING GREATLY INCREASES THE RISK OF SERIOUS BODILY HARM 7. Not to this Defendant's knowledge. 8. This Defendant is not aware of any shipments of asbestos fiber or asbestos products from itself to be used or consigned by Certain-Teed Company or Keasbey and Mattison Company during the years 1940 through 1980. For information concerning shipment of asbestos fibers in general, Defendant furnishes the following names A. H. Bagenstose, Vice President of Sales and Marketing, Carey Canada, Inc., P.O. Box 190, East Broughton Station, Quebec, Canada. 9. (a) - (e) See attached Exhibit "B". This Defendant objects to subsection (f) as seeking information that is beyond the scope of discovery and not likely to lead to the discovery of admissible evidence. Defendant also objects to subsection (f) in that it calls for a privileged communica tions . 10. Defendant admits to being a named Defendant in a number of asbestos-related cases. However, Defendant declines to produce and/or identify the tremendous''.volume of paperwork ' invovled in these cases. In addition, this information is a matter of* public record and equally available to Plaintiff's counsel. Defendant also objects to furnishing this informa tion on the grounds that it is irrelevant and unduly burdensome. Without waiving this objection. Defendant has possession of numerous documents relating to every Workmen's Compensation Claim filed against Defendant on or before July 1, 1978. . There are a total of thirteen Workmen's CompsensationClaims, with the first claim being made on December 12, 1968. Each of the thirteen claims involves numerous documents, all of which are in French. Twleve of the thriteen claims were filed on or after October 12, 1974. The undersigned, Michael Prus, President and General Operating Officer of Carey Canada Inc., East Broughton Station, Quebec, Canada GON-1HO, signs these Interrogatories as authorized officer. However, he has no personal knowledge (except as indi cated otherwise herein) of the facts as set forth herein. And further, such facts are the result of the investigation by attorneys on behalf of Carey Canada Inc. and he affirms these Answers for purposes of taking necessary official action by Carey Canada Inc. only. Michael Prus, CAREY CANADA INC. President and General Operating Officer PROVINCE OF QUEBEC DISTRICT OF FRONTENAC ' Before me the undersigned, a Commissioner for Oaths in and for the Province of Quebec, Judicial District of Frontenac Quebec, Canada, this day appeared Michael Prus, who stated he is authorized to execute the foregoing Answers and Objections to Interrogatories on behalf-of Carey Canada Inc., and that the matters stated in said Answers are true and correct to the commissioner Eot Oaths in and forxh? Province: ox Quebec, Canada Judicial District of/Frontenac i HISTORY OF CAREY CANADA INC. Carey Canadian Mines, Ltd. was incorporated in the Dominion of Canada on 2/14/55 as an independent corporation. It was not a successor 'to any other corporation.. Carey Canadian Mines, Ltd. was a wholly-owned Subsidiary' of the Philip Carey Manufacturing Company. Supplementary Letters of Patent (the Canadian equivalent of Articles of Incorporation) were filed on 2/25/64, 12/30/64 and 10/26/77. . The Celotex Corporation acquired Carey Canadian Mines, Ltd. as a wholly-owned subsidiary, as a result of the merger between The Celotex Corporation and Panacon Corporation in April of 1972. On 10/26/77, Carey Canadian Mines, Ltd. changed its name to Carey Canadian Mines, Ltd.--Les Mines Carey Canadiennes Ltee. Cn 4/30/79, Carey Canadian Mines, Ltd.-- les Nines Carey Canadieenes Ltee, changed its name to Carey Canada Inc. . Carey Canada Inc. presently mines, mills and distributes chrysotile asbestos (FCB Canada) and operates as an independent Canadian subsidiary' of The Celotex Corporation. '. * " . EXHIBIT "A" CAREY-CANADA, ItJC.' GENERAL LIABILITY CARRIERS. i The primary insurers involved, with policy numbers and terms of coverage, are: INSURER POLICY NO. TERM Aetna Casualty & Surety CNA Assurance nm ft ft ft ft . ft ft ft ft mo Lumfbt ermen's Muntual Employers of Kausau Genfteral Accftident O ft ft N ft ft 985LG30584SCA CCP 248-3280 CCP 248-3414 834-0276 822-5714 822-5714 822-4673 822-3476 OYL 295175 9YL 295175 2790421047 GLA 36-748-15 ICG 427410 ICG 372750 103 301750 ICG 242300 ' 11/15/76 - 10/1/77 10/1/76 - 11/15/76 10/1/75 - 10/1/76 ' 10/1/74 - 10/1/75 10/1/73 - 10/1/74 10/1/72 - 10/1/73 4/18/72 - 10/1/72 1/1/71 - 4/18/72 1/1/70 - 1/1/71 1/1/69. - 1/1/70 1/1/68 - 1/1/69 1/1/67 - 1/1/68 1/1/64 - 1/1/67 1/1/61 - 1/1/64 1/1/58 - 1/1/61 1/1/57 - 1/1/S8 The excess insurers involved, with policy numbers and terms of coverage, are: INSURER POLICY NO. TERM Continental Casualty ft * ft ft ft ft American Reinsurance Lloyd's of London It ft ft ft ft Home Insurance RDX9230603 RDU9397039 RDU9910225 ' All prior coverage M1222-1-2001 EML601000501 EML600029601 - EML610011501 CN1106/67/6S/69 HEC9557890 8/1/67 - 1/1/71 1/1/67 - 8/1/67 1/1/64 - 1/1/67 8/1/67 - 1/1/71 1/1/71 - 4/18/72 1/1/71 - 4/18/72 1/1/71 - 4/18/72 8/1/67 - 1/1/71 8/1/67 - 1/1/71