Document QkZERELJO6djJ5vJ8JLak11mE

C( 1 EUGENE BROWN, JR (State Bar #079824) HARDIN, COOK, LOPER, ENGEL & BERGEZ, LLP 2 1999 Harnson Street, Eighteenth Floor Oakland. CA 94612 3 (510) 444-3131 4 Attorneys for Defendant FORD MOTOR COMPANY 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 IN RE COMPLEX ASBESTOS LITIGATION, 12 13 14 15 No. 828684 SECOND AMENDED SUPPLEMENTAL RESPONSES OF FORD MOTOR COMPANY TO GENERAL ORDER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 16 PROPOUNDING PARTIES. 17 RESPONDING PARTY: 18 SET NUMBER: 19 PLAINTIFFS FORD MOTOR COMPANY GENERAL ORDER NUMBER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 20 COMES NOW Defendant FORD MOTOR COMPANY, hereinafter ("FordH) and 21 hereby submits these Amended Supplemental Responses of Ford to General Order 129 22 Standard Interrogatories To Friction Defendants. 23 INTERROGATORIES 24 INTERROGATORY NO. 1 25 IDENTIFY the individual verifying these answers on YOUR behalf. 26 / / / 27 / / / 28 PER, -1- (( 1 RESPONSE: \ 2 Without waiving the objections stated below. Ford states that the responses to these 3 interrogatories constitute a corporate response which has been verified by an authorized agent 4 of Ford The person signing these responses is an employee of Ford who is an authorized 5 agent for the purpose of verifying discovery responses That person works at Three Parklane 6 Boulevard, Dearborn, Michigan 48126 For that person's name, please refer to the 7 verification page Ford requests that any contact be made through Ford's counsel 8 To the extent this interrogatory seeks an additional or different response, Ford objects 9 on the grounds that it seeks information protected by the attorney-client privilege or attorney- 10 work product doctrine. 11 INTERROGATORY NO. 2 12 State the date of first employment with YOU and the dates and tides of each job 13 position the person who verified these interrogatories has held while employed by YOU. 14 RESPONSE: 15 Without waiving the objections stated below, Ford states that the responses to these 16 interrogatories constitute a corporate response which has been verified by an authorized agent 17 of Ford. The person signing these responses is an employee of Ford who is an authorized 18 agent for the purpose of verifying discovery responses. That person works at Three Parklane 19 Boulevard, Dearborn, Michigan 48126. For that person's name, please refer to the 20 verification page. Ford requests that any contact be made through Ford's counsel. 21 To the extent this interrogatory seeks an additional or different response. Ford objects 22 on the grounds that it seeks information protected by the attorney-client privilege or attorney- 23 work product doctrine. 24 INTERROGATORY NO. 3 25 State whether or not YOU are a corporation and, if so, state: 26 A. YOUR correct corporate name; 27 B. YOUR state of incorporation; mL2LR8R. C. 1341 ooo oooxxx AAM 16690* The date of YOUR incorporation; -2- (( 1 D. The address of YOUR principal place of business, <, 2 E Whether or not YOU have ever held a certificate of authority to do business in 3 the State of California and, if so, the inclusive dates of any certificate, 4 F If YOU are wholly owned or the majority interest of YOUR COMPANY is 5 owned by another business entity, state the entity's name and principal place of business; 6 G. Whether YOU have any business offices in California and, if so, YOUR 7 principal place of business in California. 8 RESPONSE: 9 Yes. 10 (a) Ford Motor Company, 11 (b) Fond Is a Delaware corporation. 12 (c) Ford was incorporated in the State of Delaware on July 9, 1919 13 (d) Ford's principal place of business is One The American Road, Dearborn, 14 Michigan 48126. 15 (e) Ford was qualified to conduct business in the State of California on April 16, 16 1920. 17 (0 Not applicable. 18 (g) Ford has business offices m the State of California However, Ford's principal 19 place of business in One The American Road, Dearborn, Michigan 48126. 20 INTERROGATORY NO. 4: 21 Have YOU ever been identified, known or done business under any other name in the 22 State of California? 23 RESPONSE: 24 - No. 25 INTERROGATORY NO. 5 26 If YOUR answer to Interrogatory No. 4 is in the affirmative, please state such name 27 or names and the time penod during which THIS DEFENDANT was so known or identified. iP2M8, LLP Kt r$3*1 000 oooxxx AAM 266908 -3- (( 1 RESPONSE: , 2 Not applicable 3 INTERROGATORY NO. 6 4 If YOU are not a corporation, what is YOUR business structure (partnership, joint 5 venture, sole proprietorship, etc ) 6 RESPONSE: 7 Not applicable 8 INTERROGATORY NO. 7 9 If YOU are not a corporation, please IDENTIFY all persons or other entities with an 10 ownership interest in YOU. 11 RESPONSE: 12 Not applicable. 13 INTERROGATORY NO. 8 14 If YOU are not a corporation, please state the following: 15 A. The address where the HISTORICAL RECORDS of THIS DEFENDANT are 16 currently located; and 17 B. The name, job title and current address of the custodian for THIS 18 DEFENDANT'S HISTORICAL RECORDS. 19 As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating 20 to the formation of THIS DEFENDANT, all minutes of partners', general partners' or other 21 owners' meetings and all DOCUMENTS relating to THIS DEFENDANT'S merger with, 22 acquisition of or purchase or sale of or by any other COMPANY. 23 RESPONSE: 24 ....___Not applicable. 25 INTERROGATORY NO. 9 26 IDENTIFY YOUR custodian of Business Records. 27 f2lR8, MLLt P f354 I ooooooxxx AAM 266908 -4- (. ( 1 RESPONSE: 2 Ford objects to this interrogatory on the grounds that it seeks information in violation 3 of attorney-client and attorney work product privileges 4 INTERROGATORY NO. 10 5 IDENTIFY the person or persons most knowledgeable abour 6 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS-CONTAINING 7 FRICTION PRODUCTS, 8 - B. YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING 9 FRICTION PRODUCTS; 10 C YOUR contracting with others to do work involving use or handling of RAW 11 ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS. 12 RESPONSE: 13 Without waiving any of the objections stated below, Ford states that it has not mined, 14 processed or manufactured asbestos-containing friction products. Ford sold replacement 15 parts which included asbestos-containing brake linings, pads and clutch facings under names 16 such as Ford, Mercury, Ford Authorized Remanufacturers, and under various lines and 17 series names such as Motorcraft. No one person was responsible for "creating, directing, or 18 setting the policy" at Ford with regard to asbestos-containing friction products. However, 19 Mr. Frederick King, a Ford Design Analysis engineer, is generally knowledgeable regarding 20 asbestos-containing friction products. 21 To the extent that this interrogatory seeks an additional or different response, Ford 22 objects on the grounds that it calls for information protected by the attorney-client, attorney 23 work product and/or trade secret privileges. 24 INTERROGATORY NO. 11 25 For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING 26 FRICTION PRODUCTS, state the IDENTITY of physicians, medical directors and/or 27 industrial hygienists employed by THIS DEFENDANT. All other DEFENDANTS need 28 only respond as to medical directors and/or industrial hygienists or physicians employed in PER, oooooom AAM 2*6908 -5- (( 1 the area of employee health and safety. PREMISES owners and domestic corporations need 2 only respond as to the United States onlv 3 RESPONSE: 4 Without waiving the objections oelow, Ford states that it has employed medical 5 directors as part of the Staff to monitor the health and safety of the employees. They are 6 located in Dearborn, Michigan They have been: 7 Harley Krieger, M D 9 to 1954: now deceased; 8 E.A, Irvin, M.D 1954 to 1970. now deceased; 9 Duane L. Block, M D : 1970 to 1987; and 10 John Tnebwasser, M.D.: 1987 to present. 11 Ford further states that Industrial Hygiene, a function of Ford's Employee Relations 12 Staff, has employed approximately forty industrial hygienists m the past forty-five years. In 13 general, all forty individuals were classified as industrial hygienists with responsibility to 14 perform industrial hygiene field studies only at Ford locations. The names of the forty 15 individuals are presented below in two groups - those presently employed and 16 those who have left Ford. Credentials and dates of employment will be listed where known. 17 18 Present Industrial Hygienists 19 D. S. Carruthers, B.S., M.S. 20 Occ & Env Health, CIH 21 22 L. Lattore, B.S., M.S. 23 Industrial Hygiene, CIH, CSP, 1976 24 25 H. B. Lick, B A., M.B.A., M.S. 26 Occ & Envc Health, CIH, CSP, 1968 27 III 28 i I / MR. HLILP SMI ooo oooxxx AAM 266908 -6- rr 1 S S. Mrngeia, B.S., M.S. 2 Occ & Env Health. CIH. CSP, 1977 3 4 M D Kelly. B S.. CIH 5 6 T.F. Strow, B.S., M.S , CIH 7 8 P A. Brogan, M.S. 9 Occ & Health, CIH 10 11 D Hands, M.S., CIH 12 13 Past Industrial Hygienists 14 15 R Anderson 1960s L. Parrish 1978-81 16 E. Brown 1960s W. Preston 17 N Brush 1972-77 S. Rabinovitz 1970s 18 W. Delhey 1950s J. Radcliff ftnr. Mgr., 1948-72 19 H. Dryer 1978-80' L. Redmond 1950s 20 D. Eschelbach 1950s E. Ross 1950s 21 A. Frazho 1960s J. Sattelmeier 1960s 22 L. Jenson 1960s J. Slosar 1960s 23 A. Karpowich 1978-80 F. Snitz 1960s 24 R. Kersten 1977 J Sproat 1977 25 W. Kronberger J. Stanko 1973 26 T Mooney 1930 R. Stites 1940s 27 M. O'Brien 1977-81 P. Toth, finr. Mgr. 1960-82 28 D Padden 1930s PUE.PR. Ht IS* I OOOOOOXXX AAM 266908 J. Ware 1960s -7- ( 1 D Greschaw 1956-80s f R Wabeke, fmr Mgr.. 1970s-1980s , ij i i \\ 2 C Plasters 1960s-80s 3 K Swaney 1980s 4 5 INTERROGATORY NO. 12 6 Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf 7 of THIS DEFENDANT in a third-party case, m which THIS DEFENDANT was a party, 8 wherein the plaintiff has alleged an asbestos-related injury? If so, for each such third- 9 party case please state- 10 A. The caption and case number; 11 B The court filing including state and county, 12 C The date of deposition or trial testimony; 13 D. The name and address of plaintiffs counsel of record, 14 E. The name and address of the court reporter. 15 RESPONSE: 16 Ford states that it does not maintain a list of individuals who have been deposed in 17 asbestos litigation. Furthermore, Ford's records do not reasonably permit it to identify each 18 and every present or former employee who may have been deposed in connection with 19 asbestos litigation. Ford does state, however, that Mr, Arnold Anderson, P.O. Box 2008, 20 Livonia, Michigan, and Mr. Jack Ridenour, Ford Motor Company, c/o Office of the General 21 Counsel, Parklane Towers West, Three Parkiane Boulevard, Suite 300, Dearborn, Michigan, 22 have rendered both deposition and trial testimony on behalf of Ford in asbestos related 23 litigation. 24 INTERROGATORY NO. 13 25 For each of the following, please state whether THIS DEFENDANT has ever been a 26 member or paid dues for any representative of THIS DEFENDANT to be a member of the 27 following (please answer to the present): 28 PER. LLP Mt )W1 A. 000 000XXX AAM 266908 American Conference of Governmental Industrial Hygienists; -8- rr i 1 B. American Industrial Hygiene Association; . 2 C American Petroleum Institute, 3 D American Railroad Association, 4 E Asbestos Cement Producers Association, 5 F, Asbestos Information Association (A1A); 6 G. Asbestos Information Association/North America (AIA/NA), 7 H Asbestos Textile Institute (ATI), 8 I Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF); 9 J. Industrial Mineral Insulation Manufacturers Institute, 10 K.. Magnesia Insulation Manufacturers' Association; 11 L. Magnesia Silica Insulation Manufacturers Association; 12 M. Mineral Wool Institute; 13 N. National Insulation Manufacturers Association (NIMA); 14 O. National Safety Council; 15 P New York Academy of Sciences; 16 Q. Quebec Asbestos Mining Association (QAMA); 17 R. Refractories Institute; 18 S. Safe Building Alliance; 19 T. Thermal Insulation Manufacturers Association (TIMA); 20 U. U.S. Mantime Commission; 21 V. IDENTIFY any other organizations, associations or groups of manufacturers, 22 miners, distributors, importers, labelers, suppliers and/or sellers of RAW ASBESTOS and/or 23 ASBESTOS-CONTAINING FRICTION PRODUCTS of which THIS DEFENDANT was a 24 member; 25 W. IDENTIFY any such representative of THIS DEFENDANT 26 RESPONSE: 27 Ford and/or its employees have had memberships in the American Society for Testing 28 and Materials, Society of Automotive Engineers and the Amencan Industrial Hygiene PER, LLP Ml 3MI 000 oooxxx AAM I6690S -9- i rr 1 Association. Ford also had a membership in the Industrial Health Foundation, formerly > 2 known as the Industrial Hygiene Foundation, from January 1947 through December 1974 3 However, Ford cannot reasonably identify all employees who are or who may have 4 memberships in these organizations 5 Ford presently is a member of the National Association of Manufacturers, 1176 F 6 St., N.W., Washington, D. C. 20006; Michigan Manufacturers Association; Motor Vehicle 7 Manufacturers Association, 300 New Center Building, Detroit, Michigan 48202, and the 8 National Safety Counsel, 444 N Michigan Ave., Chicago, Illinois 60611 9 It has been reported by representatives of these respective organizations that there is 10 no record of Ford's' membership in these following organizations: Institute of Occupational 11 &, Environmental Health, Quebec Asbestos Mining Association, Brake Lining Manufacturers 12 Association, Friction Matenals Standards- Institute, Grinding Wheel Institute, Asbestos Tile 13 Institute, Asbestos Information Association, Trudeau Foundation, Asbestos Brake Lining 14 Manufacturers Institute. 15 INTERROGATORY NO. 14 16 For each organization, association or other entity identified in YOUR response to 17 Interrogatory No. 13, please state: 18 A. The dates during which THIS DEFENDANT was a member, 19 B. The name(s) of any pubiication(s) received by THIS DEFENDANT from such 20 association or organization; ___ _ _ _ __ _... ___ . 21 C. The name of any committee or subcommittee of which THIS DEFENDANT 22 was a member and the dates of such committee or subcommittee membership. 23 RESPONSE: 24 Ford refers to and incorporates herein its response to Interrogatory No. 13. 25 INTERROGATORY NO. 15 26 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing 27 results or conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of 28 PSR. HUtP 1541 000 cooxxx AAM 266908 -10- rr i 1 New Jersey relating to asbestos exposure in the workplace or the human health consequences 2 of exposure to asbestos^ If so I 3 A Either attach all DOCUMENTS or disks containing such data, evidencing the 4 information sought in this interrogatory and its subparts to YOUR answers to these 5 lnterrogatones or descnbe such DOCUMENTS with sufficient particulanty that they may be 6 made the subject of a request for production of documents. 7 B. State the date upon which THIS DEFENDANT first received such S DOCUMENTS, ,, ^_ 9 C, State the IDENTITY of the custodian of such DOCUMENTS; 10 D This interrogatory does not apply to DOCUMENTS contained in a library 11 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 12 general public. 13 RESPONSE: 14 No. 15 INTERROGATORY NO. 16 16 Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies 17 and/or tests conducted by any insurance company, including but not limited to Metropolitan IS Life Insurance Company and Aetna Insurance relating to asbestos exposure in the 19 workplace or the human health consequences of exposure to asbestos? If so: 20 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 21 information sought m this interrogatory and its subparts to YOUR answers to these 22 interrogatories, or describe such DOCUMENTS with sufficient particulanty that they 23 may be made the subject of a request for production of documents; 24 B. State the date upon which THIS DEFENDANT first 25 received such DOCUMENTS; 26 C State the IDENTITY of the custodian of such DOCUMENTS; 27 28 PER, LLP >t 354 [ ooooooxxx AAM 266908 -11- (c i 1 D. This interrogatory does not apply to DOCUMENTS contained m a library t 'i 2 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 3 general public 4 RESPONSE: 5 No. 6 INTERROGATORY NO. 17 7 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing 8 results or conclusions of any studies jind/or tests conducted by any laboratory, including but 9 not limited to. the Saranac Laboratory relating to asbestos exposure in the workplace 10 or the human health consequences of exposure to asbestos? If so 11 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 12 information sought m this interrogatory_aiidLits_subparts to YOUR answers to these 13 interrogatories or describe such DOCUMENTS with sufficient paraculanty that they may be 14 made the subject of a request for production of documents; 15 ------ B. State the date upon which THIS DEFENDANT first received such 16 DOCUMENTS; 17 C. State the IDENTITY of the custodian of such DOCUMENTS, 18 D. This interrogatory does not apply to DOCUMENTS contained in a library 19 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 20 general public. - 21 RESPONSE: 22 No. 23 INTERROGATORY NO. 18 24 State whether THIS DEFENDANT has ever maintained a library (or libraries) which 25 contains books, articles, periodicals, journals and/or reference materials that relate to the 26 subjects of asbestos, industrial hygiene, medicine, safety and/or occupational disease. If so, 27 state- 28 A. PER. LLP t *0*1 000 oooxxx AAM26690S The date each such library was established; -12- rr 1 B. The location of each such library, . 2 C The IDENTITY of each librarian or other person in charge of such library. 3 RESPONSE: 4 Libraries are maintained in Ford's medical, industrial hygiene, toxicology, and health 5 surveillance functional activities in Dearborn, Michigan Among the items in these libraries 6 there surely are journals, books, and other publications with references to asbestos. There is 7 no specific depository solely dedicated to the topic of asbestos. 8 The following journals, among others, were subscribed to at some tune during the 9 period from 1928 to the present by Ford medical and health activities: Industrial Health 10 Industrial Medicine & Surgery 11 Journal of Occupational Medicme 12 Journal of American Medical Association 13 Archives of Environmental Health 14 British Journal of Industrial Medicine 15 Annals of Occupational Hygiene 16 Journal of American Industrial Hygiene Association 17 The following journals, among others, were subscribed to at some time by industrial 18 hygiene interests: 19 Archives of Environmental Health " 20 American Industrial Hygiene Journal 21 Industrial Hygiene and Toxicology 22 British Journal of Industrial Medicine 23 The Annals of Occupational Hygiene 24 Some health information relative to asbestos is maintained at the Industrial Hygiene 25 and Employee Health Department. 26 Ill 27 III 28 PER, MLLt P 1941 i/i 000 cccxxx AAM 266908 -13- rr 1 INTERROGATORY NO. 19 . 2 With the exception of OSHA compliance, had THIS DEFENDANT prior to 1980 3 exchanged DOCUMENTS or communicated with an> individual or other COMPANY 4 expressly regarding the results of tests and/or studies relating to asbestos exposure in the 5 workplace or the human health consequences of exposure to asbestos7 If so, state. 6 A. Each individual or COMPANY with whom the information was exchanged or 7 to whom it was communicated, 8 B. The date(s) of any such exchanges or communications; 9 ---------- C. The IDENTITY of the custodian of such DOCUMENTS. 10 RESPONSE: 11 In the early 1970's Arnold Anderson and Roy Gealer of Ford's Scientific Research 12 Staff conducted tests to determine the quantity of asbestos fibers liberated from brake linings 13 during the braking process. They concluded that over 99 98% of the asbestos fibers in brake 14 linings decomposed during the braking process into other materials Their results were 15 published in 1973'. " ' 16 In addition, Ford states that commencing in the early 1970's, Ford participated m and 17 provided partial funding for studies done by Dr. Irving Selikoff and others at what is now 18 the Mt. Sinai School of Medicme in New York, which work was reported on in a paper 19 entitled Asbestos Exposure During Brake Lining and Maintenance and Repair, published in 20 "Environmental Research", Vol. 112, pp. 110-128 (1976). The work done was a study of 21 the environmental pollution, if any, caused by asbestos in brake linings. The study came to 22 focus on the occupational exposure of mechanics during brake repair and maintenance 23 Ford's Research and Engineering Department and Industrial Hygiene Department were 24 advised of the study. The 1976 publication acknowledges the support received from Ford. 25 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake 26 linings being cleaned by brake mechanics using air hoses They determined that asbestos 27 levels were well below existing or proposed O.S.H.A. standards. This testing was 28 PER, ItP M' 1541 OOOOQOXXX AAM 266908 -14- rr 1 done by Mr. Anderson and Henry Lick, under the supervision of Paul Toth, the then , \ 2 manager of Industrial Hygiene Ford notes that there exists today no medical or scientific 3 evidence that establishes risks associated with exposure to Ford's friction products 4 INTERROGATORY NO. 20 5 Has any employee or designee of THIS DEFENDANT testified on behalf of THIS 6 DEFENDANT before the Occupational Safety and Health Administration, the National 7 Institute of Occupational Health and Safety or any committee or subcommittee of the United 8 States Congress relating to_asbe$tos exposure m the workplace or the human health 9 consequences of exposure to asbestos? If so, please state: 10 A. The entity before whom such testimony was given; 11 B. The date(s) and location(s) of such testimony; 12 C. The IDENTITY of the indmdual(s) who so testified; 13 D. Whether any DOCUMENTS were presented to the entity before which 14 testimony was given; 15 E. Whether copies of DOCUMENTS presented were retamed by THIS 16 DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS 17 RESPONSE: 18 No. 19 INTERROGATORY NO. 21 20 Has THIS DEFENDANT conducted or caused to be conducted, tests and/or studies of 21 asbestos dust created during the manufacture, processing and/or assembling for sale of 22 ASBESTOS-CONTAINING FRICTION PRODUCTS? If so, state: 23 A. Each manufacturing facility, including location and address, at which any such 24 test and/or study was-conducted; 25 B. The date of each such test and/or study; 26 C. The individual(s) or entity conducting each such test and/or study; 27 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 28 and/or conclusions of each such study; PER. wLtLP 15*1 000 oooxxx AAMZA690S -15- r( 1 E. The IDENTITY of the custodian of such DOCUMENTS " RESPONSE: > 3 Ford refers to and incorporates herein its response to Interrogatory No. 19 4 INTERROGATORY NO. 22 5 Has THIS DEFENDANT conducted or caused to be conducted, any tests and/or 6 studies on ambient asbestos dust levels at any location or job site where 7 ASBESTOS-CONTAINING FRICTION PRODUCTS were installed, utilized or removed'7 If 8 so, for the first .five-tests and/or studies, state: 9 A. " The location, including name and address, at which each such test and/or study 10 was conducted; 11 B. The mdwidual(s) or entity conducting each such test and/or study; 12 --C, The date of each such test and/or study; ------------ 13 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 14 and/or conclusions of each such test and/or study; 15 E. The IDENTITY of the custodian of such DOCUMENTS. 16 RESPONSE: 17 Ford refers to and incorporates herein its response to Interrogatory No. 19. 18 INTERROGATORY NO, 23 19 Did THIS DEFENDANT have any laboratory or other similar type of facility 20 anywhere in the United States at which it conducted or caused to be conducted, any tests 21 and/or studies of ASBESTOS-CONTAINING FRICTION PRODUCTS or RAW ASBESTOS 22 relating to the health consequences of asbestos or the dust generated by any use 23 of asbestos or ASBESTOS-CONTAINING FRICTION PRODUCTS. If so, state: 24 A. The location, including name and address, at which each test and/or study was 25 conducted; 26 B. The mdividual(s) or entity conducting each such test and/or study; 27 C. The date of each such test and/or study; M28U LLP *( 1MJ 000 oooxxx AaM 266938 -16- (( 1 D Whether THIS DEFENDANT has any DOCUMENTS containing the results , 2 and/or conclusions of each such test and/or study, 3 E. The IDENTITY of the custodian of such DOCUMENTS 4 RESPONSE: 5 In addition to the Mt Sinai research identified in Ford's response to Interrogatory 6 No. 19, a great many hours were spent by Ford employees assisting, consulting with and 7 supplying the Mt Sinai researchers with ideas, comments and materials Dr Selikoff s 1976 8 article discussing the potential health effects of brake linings expressly-acknowledges the 9 support and assistance he received from Ford. 10 INTERROGATORY NO. 24 11 Has THIS DEFENDANT made available to its employees a medical examination 12 program to determine the absence or presence of asbestos-related disease? If so, state: 13 A. Whether chest x-rays or pulmonary function tests were part of such 14 program(s); 15 B. Whether participation in any such program was a mandatory condition of 16 employment or was voluntary; 17 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 18 D The IDENTITY of the custodian of such DOCUMENTS. 19 RESPONSE: 20 Ford maintains medical facilities at its plants and facilities to treat ill or injured 21 employees for all medical complaints or refers them elsewhere for appropriate medical care. 22 INTERROGATORY NO. 25 23 Prior to 1973, did any person file a Workers' Compensation claim for asbestos-related 24 injury against THIS DEFENDANT or any Workers' Compensation earner for THIS 25 DEFENDANT which provided coverage for THIS DEFENDANT? If so, state the total 26 number of such claims and, for the first 20 such claims, state: 27 A The date of such claim; 28 P1XRP, nt 3541 B. ooooooxxx AAM2M90S The name of the claimant; -17- (( I C The case number, 2 D The court in which the claim was filed, 3 E The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS 4 evidencing such claims. 5 RESPONSE: 6 Ford's records do not permit retrieval of specific information requested by this 7 interrogatory because alleged injuries are described in general terms such as lungs, chest, 8 back,, silicosis, bronchitis,, emphysema, pneumoconiosis, cough, pulmonary system, etc , 9 resulting from exposure to ''deleterious substances" or "atmospheric pollutants." It is 10 impossible to ascertain from these records whether or not the alleged injury was associated 11 with asbestos exposure Furthermore, because of the differences in occupational exposure, 12 the information sought would not be relevant to the claims asserted herein. 13 INTERROGATORY NO. 26 14 Does THIS DEFENDANT have insurance available to cover judgment(s) entered 15 against it in asbestos-related personal injury lawsuits? If so, state: 16 A. The name and principal place of business of any insurance earner who has 17 issued such policy of insurance, 18 B. The number and effective date of each policy; 19 C.------ The amount(s) of coverage of each policy; 20 D. The applicable dates of coverage _____ _ 21 RESPONSE: 22 Ford is essentially self-insured for amounts m excess of a reasonable jury award for 23 the damages claimed in this lawsuit. Any judgment rendered against Ford would be satisfied 24 from its assets 25 INTERROGATORY NO. 27 26 State whether YOU have controlled, purchased or in any way acquired a controlling 27 interest in any corporation or business entity which has mined, manufactured, produced, 28 processed, compounded, sold, supplied, distributed and/or otherwise placed RAW >PER. UP Ht r 3541 ooooooxxx AAM 266908 -18- (( 1 ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS in the stream of 2 commerce If so. state 3 A. The name and address of said corporation or business entity, 4 B The dates YOU controlled, purchased or acquired any interest; 5 C. The nature of the business as it pertains to asbestos. 6 RESPONSE: 7 No 8 INTERROGATORY NO. 28 9 If THIS DEFENDANT entered into any agreements for the rebranding of any 10 ASBESTOS-CONTAINING FRICTION PRODUCTS by THIS DEFENDANT for resale or 11 distribution by another person or entity, describe each agreement's terms and the parties to 12 said agreement, the duration of the agreement and the name of each product(s) and/or 13 matenal(s) covered by each such agreement. 14 RESPONSE: 15 Assuming that this interrogatory asks whether Ford sells any asbestos-containing 16 friction products to others for resale. Ford responds that it engaged in the sale of 17 asbestos-containing brake and clutch service replacement parts. Ford purchases brake and IS clutch assemblies from suppliers and markets them as new products under the Ford logo. 19 The remanufactured product is produced by "Authorized" remanufacrurers who either buy 20 components directly from Ford or use "Ford Quality" components purchased elsewhere. 21 These products are marketed under the name of Ford Authorized Remanufacturers. 22 INTERROGATORY NO. 29 23 If THIS DEFENDANT entered into any agreements for the rebranding of 24 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured, sold, supplied or 25 distributed by another person or entity for resale or distribution by YOU, describe each of 26 the agreements and the parties to said agreement, the terms, the duration and the names of 27 each produces) and/or material(s) covered by each such agreement. 28 PCR, LLP t 3941 /// 000 oooxxx AAM 26690* -19- (( 1 RESPONSE: 2 Ford refers to and incorporates herein its response to Interrogatory No 28 , 3 INTERROGATORY NO. 30 4 Between the years 1930 and 1985, did YOU purchase or otherwise acquire any 5 ASBESTOS-CONTAINING FRICTION PRODUCT lines from another person or entity? If 6 so, state for each such purchase: 7 A. Date of purchase or acquisition: 8 B Terms of purchase or acquisition agreement; 9 C. Either attach all DOCUMENTS or disks containing such data, evidencing said 10 acquisition, or describe such DOCUMENTS with sufficient particularity that they may be 11 made the subject of a request for production of documents; 12 D. Trade, brand and/or genetic name of each such product line so acquired, 13 E. Name of the person or entity from whom YOU purchased or acquired each 14 such ASBESTOS-CONTAINING FRICTION PRODUCT line; 15 F. Location of any manufacturing facilities so acquired and the type of 16 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured therein. 17 RESPONSE: 18 Ford will produce a historical list revised as of May 1, 1995, of some suppliers to 19 Ford of some brake linings and assemblies. 20 INTERROGATORY NO. 31 21 Between the years 1930 to 1985, did YOU sell any ASBESTOS-CONTAINING 22 FRICTION PRODUCT line to another person or entity? If so, state for each such sale: 23 A. Date of sale; 24 B. Terms of sales agreement; 25 C. Either attach all DOCUMENTS or disks containing such data, evidencing 'said 26 sale, or describe such DOCUMENTS with sufficient particularity that they may be made the 27 subject of a request far production of documents; 28 D PERr LLP rtl iUl ooo oooxxx AAM 266908 Trade, brand and/or genetic name of each such product line sold; -20- (C 1 E. Name of person or entity to whom YOU sold each such 2 ASBESTOS-CONTAINING FRICTION PRODUCT line, and 3 F Location of any manufacturing facilities so sold and the type of 4 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured therein. 5 RESPONSE: 6 Ford sells replacement parts through franchised dealers and authorized distributors 7 throughout the United States Ford sold these parts, including brake linings, pads and clutch 8 facings under names such as Ford, and Mercury and under various lines and series names, as 9 well as names such as Motorcraft. Aftermarket parts were sold under the name of Ford or 10 Ford Authorized Remanufacturers. Ford notes that 11 it is not feasible to respond comprehensively to this interrogatory because records containing 12 -potentially responsive information may-haye-been-discarded in-accordance with Ford's 13 record retention policy. 14 INTERROGATORY NO. 32 15 - - IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to 16 ASBESTOS-CONTAINING FRICTION PRODUCTS and/or RAW ASBESTOS which YOU 17 manufactured, sold, distributed or supplied from the year 1930 to 1985 For each such 18 document, state: 19 A. A description of the document; 20 B. The year it was printed; 21 C. The period of time m which it was used; 22 D. The purpose of said document; 23 E. Whether the documents or copies of said document presently exist; 24 - - F, If said documents or copies still exist, where they are located; 25 G. The IDENTITY of the custodian of such documents. 26 m 27 tii 28 111 PER, LLP Mt 1941 000 ocoxxx AAM 16690S -21- (( 1 RESPONSE: 2 Ford has not manufactured asbestos-containing friction products for use in us .1 3 vehicles, Ford purchased these products as pre-assembled parts, which were subsequently 4 installed in its vehicles or sold as replacement parts. Most promotional material 5 concerning such products would pertain to the vehicle as a whole or to pre-assembled 6 replacement parts. Furthermore, Ford is not aware of any sales or promotional literature 7 which describe asbestos-containing fnction products. S INTERROGATORY NO. 33 ____ 9 When do YOU contend THIS DEFENDANT first became aware that there is an 10 association between asbestos exposure and disease in human beings? 11 RESPONSE: 12 Ford states that scattered case reports of carcinoma in persons occupationally exposed 13 to asbestos began appearing m the literature in the 1930s. Ford cannot state, however, when 14 a Ford employee first had knowledge of such information. It is known, however, that the 15 initial knowledge of a suggestion of potential hazards associated with asbestos-lined brakes 16 came in a telephone call from Dr Selikoff to Dr. Roy Gealer of Ford Research and 17 Engineering m April 1975. 18 Ford cannot state when it or any of its employees first had knowledge of 19 asbestos-related disease among Ford employees. 20 INTERROGATORY NO. 34 * 21 How do YOU contend THIS DEFENDANT first became aware that there is an 22 association between asbestos exposure and disease in human beings? 23 RESPONSE: 24 Ford cannot state when a Ford employee first had knowledge of such information. It 25 is known, however, that the initial knowledge of a suggestion of potential hazards associated 26 with asbestos-lined brakes came in a telephone call from Dr. Selikoff to Dr. Roy Gealer of 27 Ford Research and Engineering in April 1975. 28 RER. UP nt 3S4] 000 oooxxx AAM 266903 -22- <r: i 1 Ford cannot state when it or one of its employees first had knowledge of . 2 asbestos-related disease among its employees 3 INTERROGATORY NO. 35 4 Hither attach all DOCUMENTS or disks containing such data, evidencing the 5 information upon which YOUR contentions m Interrogatory Nos. 34 and 35 are based or 6 describe such DOCUMENTS with sufficient particularity that they may be made the subject 7 of a request for production of documents 8 RESPONSE: ______________________ ______ 9 Ford refers to and incorporated "herein its" response and objections to Interrogatory 10 No. 33. 11 INTERROGATORY NO. 36 12 - - - - When did YOU first-warn YOUR employees that exposureto asbestos could be 13 hazardous to human health17 State: i 14 A. Whether the first such warning was written or oral; 15 B: Whether copies of DOCUMENTS containing such warning exist; 16 C. The IDENTITY of the custodian of such DOCUMENTS, 17 D. The content of the warning. IS RESPONSE: 19 Ford did not issue any warning to ns employees concerning the hazards of asbestos 20 because it purchased brake and clutch assemblies which were already preassembled and 21 affixed to metal shoes or plates. Since these products were installed as assemblies the 22 employees were not subjected to any exposure. 23 INTERROGATORY NO. 37 24 Did YOU ever issue a written" COMPANY policy discontinuing warning YOUR 25 employees that exposure to asbestos could be hazardous to human health? If so: 26 A. Provide the date; 27 B. Describe the circumstances; 28 PER* LLP 1941 ooo oooxxx AAM 266908 -23- { r i i | (( 1 C Either attach all DOCUMENTS or disks containing such data, evidencing the, 2 information sought in this interrogatory and its subparts to YOUR answers to these 3 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 4 made the subject of a request for production of documents 5 RESPONSE: 6 Ford did not issue any warning to its employees concerning the hazards of asbestos 7 because it purchased brake and clutch assemblies which were already preassembled and 8 affixed to_ metal shoes or plates. Since these products were installed as assemblies the 9 employees were not subjected to any exposure 10 INTERROGATORY NO. 38 11 At any time between 1930 and 1985, did YOU import, export, ship, transship or 12 otherwise transport RAW ASBESTOS into,- out of-or through"any port in The GEOGRAPHIC 13 AREA? If so, for each occasion: 14 A IDENTIFY and describe the NATURE and amount of RAW ASBESTOS; 15 B. IDENTIFY the ship or ships (including the owners and operators thereof) onto 16 or from which the RAW ASBESTOS was loaded, unloaded or transshipped; 17 C. State the dates, port and pier involved for each occasion; 18 D'. Either attach all DOCUMENTS or disks containing such data, evidencing the 19 information sought in this interrogatory and its subparts to YOUR answers to these 20 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 21 made the subject of a request for production of documents. 22 RESPONSE: 23 No. 24 INTERROGATORY NQ.^9--------- 25 Did YOU or any of YOUR predecessors-m-mterest manufacture any of the following 26 products which contained ASBESTOS-CONTAINING FRICTION PRODUCTS at any time 27 between 1930 and 1985- 28 PLELRP, Hi 3S) A. 000 oooxxx AAM 26690S Automobiles; -24- (( 1 B. Light duty trucks, 2 C Heavy duty trucks or trailers, 3 D Buses/coaches. 4 E. Motorcycles, 5 F Winches, drilling ng or other stationary machinery; 6 G. Aircraft; 7 H Rubber-tired crawler, construction or farm equipment; S I. 9 vehicles; Railed engines or cars including light-railed ----- 10 J Ships; 11 K. Off-road vehicles; 12 ~ l. - --Fork-lifts;----- - ~ 13 M. Other machinery or equipment (please describe). 14 RESPONSE: - 15 Ford responds as follows; 16 A. Yes. 17 B. Yes. 18 C. Yes. 19 - D. Ford has been unable to locate records conclusively eliminating the 20 possibility that it manufactured those products during the relevant time. 21 E. No. 22 F. No. 23 G. No. 24 H. Yes.------- 25 I. No. 26 J. No. , 27 K. Yes. 28 L. PE*. tLtLt P 13*1 000 000XXX 40 AAM 266908 No. -25- I 1 M. If Plaintiffs define the phrase "other machinery or equipment" Ford will , \ 2 attempt to further respond to this interrogatory 3 INTERROGATORY NO. 40 4 For each product identified in Interrogatory No 39, state- 5 A IDENTIFY the ORIGINAL EQUIPMENT including inclusive dates of 6 production; 7 B For each, IDENTIFY and describe the NATURE of the 8 ASBESTOS-CONTAINING FRICTION PRODUCTS and the inclusive dates thereof; 9 C IDENTIFY the manufacturer and/or distributor of the 10 ASBESTOS-CONTAINING FRICTION PRODUCTS which were mcluded as component 11 parts m YOUR ORIGINAL EQUIPMENT; 12 D. Either attach all DOCUMENTS or disks containing such data, evidencing the 13 information sought in this interrogatory and its subparts to YOUR answers to these 14 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 15 made the subject of a request for production of documents (as to ORIGINAL EQUIPMENT 16 vehicle manufacturers, the documents responsive to this subpart are limited to 17 ASBESTOS-CONTAINING FRICTION PRODUCTS); 18 E. IDENTIFY the person(s) presently most knowledgeable about the information, 19 sought m this interrogatory or its subparts. 20 RESPONSE: 21 Ford responds as follows; 22 A. Ford believes asbestos-containing friction products were incorporated into its 23 vehicles since it began selling mass production vehicles in the early 1900s. Ford further 24 states that the use of asbestos-containing friction products were phased out of the majority of 25 Ford's vehicles by 1984. By 1993, the only vehicles in which asbestos-containing friction 26 products were still used were low-volume limousine applications Their use in limousines 27 was discontinued in 1997. No one person authorized or directed the "stoppage" of 28 PER, ILF 154] 000 oooxxx AAM 266908 '26- <( 1 asbestos-containing friction products. Such products were phased out as O.S H.A. 2 regulations changed and suitable alternatives were discovered > 3 B A brake lining is a narrow rectangle, shaped to fit around a circle A clutch 4 facing is a fiat, round, metal plate with two rings, one on each side of friction material The 5 facing is between the fly-wheel of the engine and the pressure plate of the transmission 6 C Ford will provide Plaintiff with a copy of a list of some histone suppliers of 7 asbestos-containing friction products. 8 D. Ford, in its on-gomg searches for -information which may be relevant to 9 asbestos litigation, has accumulated approximately 20,000 pages of non-pnvileged documents 10 and other matenals pertaining to asbestos-related issues To the extent that Plaintiffs' 11 interrogatory may seek information that may be contained m these documents. Ford will 12 make them available-for inspection and copymg at Plaintiffs' expense at its offices in 13 Dearborn, Michigan, at a mutually agreeable time during regular business hours. Ford 14 objects to this interrogatory to the extent that it calls for information protected from 15 disclosure by the attorney-client privilege or the work product immunity. 16 E. Mr. Frederick King, a Ford Design Analysis engineer, is generally 17 knowledgeable regarding asbestos-containing friction products. 18 INTERROGATORY NO. 41 19 Did YOU manufacture or have manufactured or distribute in the United States for a 20 foreign manufacturer ORIGINAL EQUIPMENT? If so, please. IDENTIFY each of YOUR 21 authorized dealers during the period 1930-1985 in the DEFINED GEOGRAPHIC AREA. 22 RESPONSE: 23 Ford sells replacement parts through franchised dealers and authorized distributors m 24 every state. It is not feasible to respond comprehensively to this 25 interrogatory because records containing potentially responsive information have been 26 discarded in accordance with Ford's record retention policy. The retention period for 27 documents of this nature is less than 7 years. 28 'PER* LLP 354 1 /// ooo cooxxx AAM 266908 -27- (( 1 INTERROGATORY NO. 42 \ 2 Did YOU or any of YOUR predecessors-in-interest MARKET brake shoes, brake 3 blocks, brake pads, brake linings or brake bands for any of the uses listed below at any time 4 between 1930 and 19857 5 A Automobiles or light duty tracks; 6 B. Heavy duty tracks ortrailers; 7 C. Buses or coaches, 8 D Motorcycles; -" 9 E. Winches, drilling rigs or other stationary machinery; 10 F. Aircraft; n G. Rubber tired crawlers, construction or farm equipment; 12 H. Railed engmes or cars including light railed vehicles, 13 I. Shipboard; 14 J Off-road vehicles; 15 " K. Forklifts! 16 L. Other uses* 17 RESPONSE: 18 Ford refers to and incorporates herein its response to Interrogatory No. 39. 19 INTERROGATORY NO. 43 20 For each use identified in Interrogatory No. 42, state: 21 A. The trade, brand and generic name by which the product was known from 22 1930 to 1985; 23 B. The date(s) YOU 24 - 1. began MARKETING the product; 25 2. ceased to MARKET the product; 26 3 recalled the product from the market, if ever as a result of 27 asbestos-related health concerns, if any; 28 pen, LLP Kt 154 1 000 oooxxx AAM 266908 -28- (( 1 C. A description of the type and grade of RAW ASBESTOS in the 2 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by . j percentage of weight in each such ASBESTOS-CONTAINING FRICTION PRODUCT for 4 each year between 1930 and 1985, inclusive; 5 D. A general description of the physical appearance and NATURE of each type of 6 ASBESTOS-CONTAINING FRICTION PRODUCT mciuding any generally used method of 7 identification of the product such as distinctive markings and/or logos and the date, 8 inclusive, during which they appeared. In addition to describing the distinctive markings 9 and/or logos, pleaseiDENTIFY the manufacturer or distributor of each type of 10 ASBESTOS-CONTAINING FRICTION PRODUCT; 11 E IDENTIFY the suppliers of the RAW ASBESTOS used in each type of 12 ASBESTOS-CONTAINING FRICTION PRODUGT-and the~time period of supply; 13 F. The purpose for the inclusion of asbestos in each type of 14 ASBESTOS-CONTAINING FRICTION PRODUCT (e.g., binding agent, fire retardant, 15 etc.); 16 G. The type of shipping package and the range of shipping package dimensions, if 17 not solid, and the inclusive period of time during which YOU used each such container, 18 package or carton; 19 H. A detailed description of any printed material or trademark appearing on each 20 type of container, package or carton identified in G above and the inclusive .period of time 21 during which each such combination of printed material and trademark was used; 22 I. A detailed description of any written instructions, wrapping or ptinted insert 23 which was or is placed in the container, package or carton with each such product and the 24 -inclusive period of time during which each instruction, wrapping or printed insert was placed 25 in the container, package or carton; 26 J. Whether or not YOU have m YOUR possession of under YOUR control 27 samples or exemplars of: 1) each container, package or carton; 2) each printed material or 28 trademark appearing thereon; or 3) each written instruction, wrapping or printed PCR. OOO OOOXXX AAM 266908 -29- (i i 1 insert mentioned in YOUR response to G, H and I above t 2 K Did YOU place edge codes on the ASBESTOS-CONTAINING FRICTION 3 PRODUCTS YOU MARKETED and, if so, during what period of time7, 4 L Either attach all DOCUMENTS or disks containing such data, evidencing the 5 information sought in this interrogatory and its subparts to YOUR answer to these 6 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents; 8 M IDENTIFY the person(s) presently most knowledgeable about the information 9 sought in this interrogatory or its subparts 10 RESPONSE: 11 Without waiving any of the objections stated below, Ford states as follows: 12 A Ford has not mined ,_processed-or-manufacmred asbestos-containing friction 13 products Ford sold replacement parts which included asbestos-containing brake linings, 14 pads and clutch facings through franchised Ford dealers and authorized distributors in the 15 United States, under names such as Ford, Mercury, Ford Authorized Remanufacturers, and 16 under various lines and senes names such as Motorcraft. 17 B Ford believes asbestos-containing friction products were incorporated into its 18 vehicles since it began selling mass production vehicles m the early 1900s. Ford further 19 states that the use of asbestos-containing friction products were phased out of the majonty of 20 Ford's vehicles by 1984. By 1993, the only vehicles in which asbestos-containing friction 21 products were still used were low-volume limousine applications. Their use in limousines 22 was discontinued in 1997. No one person authorized or directed the "stoppage" of 23 asbestos-containing friction products. Such products were phased out as O.S.H.A. 24 regulations changed and suitable alternatives were discovered. 25 C Ford has not manufactured asbestos-containing brake linings, pads or clutch 26 facings. Ford purchased these products from suppliers. Ford understands the type of 27 asbestos fibers in these to be chrysotile However, since Ford does not manufacture these 28 products, it does not know percentages of asbestos that they contain, but, generally, PER, LLP i*t 1541 000 cooxxx 40 AAM 266908 -30- r{ V 1 it is thought to be, for example, between 40% and 60% asbestos, by weight, in brake s 2 linings 3 D A brake lining is a narrow rectangle, shaped to fit around a circle. A clutch 4 facing is a flat, round, metal plate with two rings, one on each side of friction material. The 5 facmg is between the fly-wheel of the engine and the pressure plate of the transmission. 6 E. Ford has not manufactured asbestos-containing brake linings, pads or clutch 7 facings. Ford purchased these products from suppliers. Ford understands the type of 8 asbestos fibers.tn thesejuxJhe^chrysotile. -However, since Ford does not manufacture these 9 products, it does not-know percentages of asbestos that they contain, but, generally, 10 it is thought to be, for example, between 40% and 60% asbestos, by weight, m brake 11 linings. 12 F. Ford-used these-lining and -pads-to assist in-braking-through transmitting 13 rotational force from the engine and fly-wheel to the rear wheels. 14 G Aftermarket brake linings, pads and clutch facings are shipped in cartons. 15 With respect to the aftermarket brake linings sold by Ford, the Ford logo, as well as a label 16 which reads along the following lines has been placed on cartons since 1980: 17 CAUTION. CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. 18 BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM WHEN 19 SERVICING THIS BRAKE LINING OR ANY COMPONENT RELATED TO IT OR 20 LOCATED NEAR IT, PREVENT ASBESTOS DUST FROM BEING AIRBORNE BY 21 VACUUMING THIS ASSEMBLY WITH AN INDUSTRIAL TYPE VACUUM CLEANER 22 EQUIPPED WITH A HIGH EFFICIENCY FILTER SYSTEM AND BY WASHING THE 23 ASSEMBLY WITH AN APPROPRIATE BRAKE PARTS WASHER IF NECESSARY. 24 -NEVER REMOVE* DUST-OR DIRT FROM THIS ASSEMBLY BY BLOWING WITH 25 COMPRESSED AIR 26 H. Ford refers to and incorporates herein its response to Interrogatory 43G. 27 I. Ford refers to and incorporates herein its response to Interrogatory 43G. 28 PCR, LLP At 1541 / // 000 QOOXXX AAM 266908 -31- (( 1 J, Ford will produce a sample aftermarket carton used for an asbestos ,, 2 containing friction product 3 K. Ford states that it did not place edge codes on asbestos products Ford 4 purchases asbestos-containing friction products from suppliers The manufacturers of some 5 asbestos-containing friction products can be ascertained by part numbers, formulation codes, 6 and logos on the brake lining 7 L Ford will produce all documentation described in this response upon 8 appropriate request . _____ __________________ ______ _____ 9 M Mr Frederick King, a Ford Design Analysis engineer, is generally 10 knowledgeable regarding asbestos-containing friction products. 11 INTERROGATORY NO. 44 12 Did YOU or any of YOUR predecessors-m-interest MARKET clutch facings, clutch 13 plates or automatic transmission plates for any of the uses listed below at any tune between 14 1930. and 1985? ------ 15 --A-.-------Automobiles or light duty trucks; 16 B. Heavy duty trucks or trailers; 17 C Buses or coaches; 18 D. Motorcycles; 19 E. --Winches, drilling rigs or other stationary machinery; 20 F. Aircraft; 21 G. Rubber tired crawlers, construction or farm equipment; 22 H. Railed engine or cars, including Light railed vehicles; 23 I. Shipboard; 24 J. Off-road vehicles; 25 K. Forklifts; 26 L. Other uses. 27 RESPONSE; 28 Ford refers to and incorporates herein its response to Interrogatory No. 39, PER, LLP Mt 1541 000 QOQXXX AAM2S6908 -32- (( 1 INTERROGATORY NO. 45 , 2 For each use identified in Interrogatory No 44, state 3 A. The trade, brand and genetic name by which the product was known from 4 1930 to 1985, 5 B. The date(s) YOU. 6 1. began MARKETING the product; 7 2 ceased to MARKET the product; 8 3, _ _ __recalled the product from the market, if ever, as a result of 9 asbestos-related health-concerns, if any; 10 C. A description of the type and grade of RAW ASBESTOS m the 11 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by 12 percentage of weight in.each such ASBESTOS-GONT-AINlNG-FRIGTION PRODUCT for 13 each year between 1930 and 1985, inclusive; 14 D. A general description of the physical appearance and NATURE of each type of 15 ASBESTOS-CONTAINING FRICTION PRODUCT including any generally used method of 16 identification of the product such as distinctive markings and/or logos and the dates, 17 inclusive, during which they appeared. In addition to describing the distinctive markings 18 and/or logos, please IDENTIFY the manufacturer or distributor of each type of 19 ASBESTOS-CONTAINING FRICTION PRODUCT; 20 E. IDENTIFY the suppliers of the RAW ASBESTOS used in each type of 21 ASBESTOS-CONTAINING FRICTION PRODUCT and the time period of supply; 22 F. The purpose for the inclusion of asbestos in each type of 23 ASBESTOS-CONTAINING FRICTION PRODUCT (e.g., binding agent, fire retardant, 24 etc); - ------- ' 25 G. The type of shipping package and the range of shipping package dimensions, if 26 not solid, and the inclusive period of time during which YOU used each such container, 27 package or carton; 28 ftR, LLP wt S&41 ooooooxxx AAM 266908 -33- (r i 1 H. A derailed description of any printed material or trademark appearing on eacfy 2 type of container, package or carton identified in G above, and the inclusive period of time t |1 3 during which each such combination of printed material and trademark was used, 4 I A detailed description of any wrmen instructions, wrapping or printed insert 5 which was or is placed in the container, package or carton with each such product, and the 6 inclusive period of time during which each instruction, wrapping or printed insert was placed 7 m the container, package or canon; ' 8 J. Whether or not YOU have in YOUR possession or under YOUR control 9 samples or exemplars of 1) each container; package or canon; 2) each printed material or 10 trademark appearing thereon; or 3) each written instruction, wrapping or printed 11 insert mentioned in YOUR response to G, H and I above; 12 . K. .Did YOU-placeedge-codes-on-the ASBESTOS-CONTAINING FRICTION 13 PRODUCTS YOU MARKETED and, if so, during what period of time?; 14 L, Either attach all DOCUMENTS or disks containing such data, evidencing the 15 information sought in-this interrogatory and its subpans to YOUR answers to these 16 interrogatories or descnbe such DOCUMENTS with sufficient particularity that they may be 17 made the subject of a request for production of documents; 18 M. IDENTIFY the person(s) most knowledgeable about the information sought in 19 this interrogatory or its subparts. 20 RESPONSE: -- 21 Ford refers to and incorporates herein its response to Interrogatory No. 43. 22 INTERROGATORY NO. 46 23 Did YOU or any of YOUR predecessors-m-interest MARKET any 24 ASBESTOS-CONTAINING FRICTION PRODUCTS to any ORIGINAL EQUIPMENT 25 MANUFACTURER? If so, IDENTIFY each ORIGINAL EQUIPMENT 26 MANUFACTURER to whom YOU MARKETED ASBESTOS-CONTAINING FRICTION 27 PRODUCTS and as to each ORIGINAL EQUIPMENT MANUFACTURER, IDENTIFY the 28 PCR. LLP wt 1941 000 coo.xxx AAM 266908 -34- (c 1 ASBESTOS-CONTAINING FRICTION PRODUCT that YOU MARKETED to them and the, 2 inclusive years that YOU did so, 3 A Either attach all DOCUMENTS or disks containing such data, evidencing the 4 information sought in this interrogatory and its subparts to YOUR answer to these 5 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 6 made the subject of a request for production of documents; 7 B IDENTIFY the person(s) presently most knowledgeable about the information 8 sought m this mterrogatoryjorjts subparts. _ 9 RESPONSE: - 10 Ford refers to and incorporates herein ns response to Interrogatory No. 43. 11 INTERROGATORY NO. 47 12 Did YOU,or,any_pf TOUR predecessors^iminterest -MARKET any --- 13 ASBESTOS-CONTAINING FRICTION PRODUCTS to any PRIVATE BRAND ACCOUNT 14 CUSTOMER? If so, for each PRIVATE BRAND ACCOUNT CUSTOMER, IDENTIFY 15 and-deseribe the-NATURE of the product MARKETED to that PRIVATE BRAND 16 ACCOUNT CUSTOMER, the inclusive dates thereof and, if known, the name(s) under 17 which the PRIVATE BRAND ACCOUNT CUSTOMER MARKETED the product. 18 A. DESCRIBE to the best of YOUR knowledge how the PRIVATE BRAND 19 ..ACCOUNT CUSTOMER-MARKETED the product which YOU sold or distributed to it; 20 B. Either attach all DOCUMENTS or disks containing such data, evidencing the 21 mfonnauon sought in this interrogatory or its subparts to YOUR answers to these 22 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 23 made the subject of a request for production of documents; 24 C. IDENTIFY the person(s) presently most knowledgeable about the information 25 sought in this interrogatory or its subparts. 26 RESPONSE: 27 Ford refers to and incorporates herein its response to Interrogatory No. 43. 28 / / / LLP Mt 1W l OOQ oooxxx AAM 266908 -35- (( 1 INTERROGATORY NO. 48 2 Did YOU or any of YOUR predecessors-in-interest MARKET any \ 3 ASBESTOS-CONTAINING FRICTION PRODUCTS to any AFTER MARKET or 4 REPLACEMENT PART RETAILER operating 10 or more stores in the GEOGRAPHIC 5 AREA9 If so, IDENTIFY each AFTER MARKET or REPLACEMENT PART RETAILER 6 in the GEOGRAPHIC AREA and for each please state: 7 A The inclusive years during which YOU MARKETED products to said AFTER S MARKET or REPLACEMENT PART RETAILER, 9 B JDENTIFY the-ASBESTOS-CONTAINING FRICTION PRODUCTS which 10 YOU MARKETED to the AFTER MARKET or REPLACEMENT PART RETAILER; 11 C. Eithei attach all DOCUMENTS or disks containing such data, evidencing the 12 information sought in this mterrogatory and its subparts to YOUR answers to these 13 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 14 made the subject of a request for production of documents; 15 --D-------IDENTIFY the person(s) presently most knowledgeable about the information 16 sought in this interrogatory or its subparts. 17 RESPONSE: 18 Ford refers to and incorporates herein its response to Interrogatory No. 43. 19 INTERROGATORY NO. 49 20 Did YOU or any of YOUR predecessors-in-interest MARKET any 21 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor who 22 MARKETED the product under YOUR name in the GEOGRAPHIC AREA? If so, 23 IDENTIFY each warehouse distributor who MARKETED the product under YOUR name in 24 the GEOGRAPHIC AREA-and for each state: 25 A. The inclusive years during which YOU MARKETED 26 ASBESTOS-CONTAINING FRICTION PRODUCTS to said warehouse distributor who 27 distributed the product under YOUR name; P2E8R, LLf 1541 000 oooxxx ^AM 266908 -36- rr 1 B. IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS which 2 YOU MARKETED to the warehouse distributor who distributed the products under YOUR 3 name, 4 C Either attach all DOCUMENTS or disks containing such data, evidencing the 5 information sought in this"interrogatory and its subparts to YOUR answers to these 6 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents; 8 D. IDENTIFY the person(s) presently most knowledgeable about the information 9 -sought in this interrogatory or its subparts. 10 RESPONSE: 11 Ford refers to and incorporates herein its response to Interrogatory No. 43. 12 INTERROGATORY NO. 50 - ------- 13 Did YOU or any of YOUR predecessors-in-interest MARKET any 14 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor who 15 MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS under a name 16 other than YOURS in the GEOGRAPHIC AREA? If so, IDENTIFY each warehouse 17 distributor who MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS 18 under a name other than YOURS in the GEOGRAPHIC AREA and for each please state: 19 A. The inclusive years during which YOU MARKETED 20 ASBESTOS-CONTAINING FRICTION PRODUCTS through said warehouse distributor; 21 B. IDENTIFY the products which YOU MARKETED through the warehouse 22 distributor and for each the name under which the warehouse distributed MARKETED the 23 product; 24 C. Either attach all DOCUMENTS of disks containing such data, evidencing the 25 information sought in this interrogatory and its subparts to YOUR answers to these 26 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 27 made the subject of a request for production of documents; 28 MR, UP Ml JM1 000 oocxxx AAM 266908 -37- (( 1 D. IDENTIFY the person(s) presently most knowledgeable about the information', 2 sought in this interrogatory or its subpans 3 RESPONSE: 4 Ford refers to and incorporates herein its response to Interrogatory No 43. 5 INTERROGATORY NO. 51 6 Did YOU or any of YOUR predecessors-in-interest MARKET any 7 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or more 8 stores in the GEOGRAPHIC AREA who sold ASBESTOS-CONTAINING FRICTION 9 PRODUCTS under YOURhame in the GEOGRAPHIC AREA? If so, IDENTIFY each 10 retailer who sold ASBESTOS-CONTAINING FRICTION PRODUCTS under YOUR name 11 in the GEOGRAPHIC AREA and for each state: 12 A. The inclusive years during which YOU MARKETED 13 ASBESTOS-CONTAINING FRICTION PRODUCTS to said retailer who sold the product 14 under YOUR name; 15 B. Please identify the ASBESTOS-CONTAINING FRICTION PRODUCTS 16 which YOU MARKETED to the retailer who sold the product under YOUR name; 17 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 18 information, sought in this interrogatory and its subparts to YOUR answers to these 19 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 20 made the subject of a request for production of documents; 21 D. IDENTIFY the person(s) presently most knowledgeable about the information 22 sought in this interrogatory or its subparts. 23 RESPONSE: 24 Ford refers to and incorporates herem its response to Interrogatory No. 43. 25 INTERROGATORY NO. 52 26 Did YOU or any of YOUR predecessors-in-interest MARKET any 27 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or more 28 stores in the GEOGRAPHIC AREA who MARKETED the product under any other name in PER. 000 oooxxx AAM 166908 -38- (( 1 the GEOGRAPHIC AREA1* If so, IDENTIFY each retailer who MARKETED the product t 2 under any other name in the GEOGRAPHIC AREA and for each state 3 A The inclusive years during which YOU MARKETED products through said 4 retailer, 5 B IDENTIFY the products which YOU MARKETED through each retailer and, 6 for each, the name under which the retailer MARKETED the product; 7 C Either attach all DOCUMENTS or disks containing such data, evidencing the 8 information sought in this interrogatory and its subparts to YOUR answers to these 9 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 10 made the subject of a request for production of documents; 11 D. IDENTIFY the person(s) presently most knowledgeable about the information 12 sought .in this interrogatory or its subparts 13 RESPONSE: 14 No. 15 INTERROGATORY NO. 53 -------- 16 Did YOU or any of YOUR predecessors-in-interest MARKET any 17 ASBESTOS-CONTAINING FRICTION PRODUCTS to any FABRICATOR OF ORIGINAL 18 EQUIPMENT PARTS? If so, IDENTIFY each FABRICATOR OF ORIGINAL 19 EQUIPMENT PARTS to whom YOU MARKETED products and as to each FABRICATOR 20 OF ORIGINAL EQUIPMENT PARTS, state; 21 A. The inclusive years during which YOU MARKETED said products to each 22 FABRICATOR OF ORIGINAL PARTS; 23 B. IDENTIFY each product YOU MARKETED to each FABRICATOR OF 24 ORIGINAL PARTS;-------- 25 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 26 information sought in this interrogatory and its subparts to YOUR answers to these 27 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 28 made the subject of a request for production of documents; PER, LLP M' 000 OOOXXX AAM 266908 -39- i( 1 D IDENTIFY the person(s) presently most knowledgeable about the information 'l 2 sought in this interrogatory or its subparts 3 RESPONSE: 4 Ford refers to and incorporates herein its response to Interrogatory No. 43 5 INTERROGATORY NO. 54 6 Did YOU or any of YOUR predecessors-in-interest MARKET any 7 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of the 8 U.S. Government9 If so, IDENTIFY each agency or department of.the U-S. Government to 9 whom.YOU MARKETED products and as to each agency or department of the U.S 10 Government IDENTIFY the product that YOU MARKETED to them and the inclusive 11 years that YOU did so. 12 A. .Either attach alfDOCUMENTS or disks containing such data, evidencing the 13 information sought in this interrogatory and its subparts to YOUR answers to these 14 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 15 made the subject of a request for production of documents; 16 B. IDENTIFY the person(s) presently most knowledgeable about the information 17 sought m this interrogatory or its subparts. 18 RESPONSE: 19 Ford states that it sells replacement parts through franchised dealers, authorized 20 distributors and to the U, S. Military. 21 INTERROGATORY NO. 55 22 Did YOU or any of YOUR predecessors-in-interest MARKET any 23 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of any 24 governmental entity other than the U.S. Government9 If so, IDENTIFY any agency or 25 department of any governmental entity other than the U.S. Government to whom YOU 26 MARKETED products and as to each agency or department of said governmental entity other 27 than the. U.S. Government, IDENTIFY the product that YOU MARKETED to them and the 28 inclusive years that YOU did so. PER, LLP wt 000 oooxxx AAM 266908 -40- '( 1 A. Either attach all DOCUMENTS or disks containing such data, evidencing the, 2 information sought in this interrogatory and its subparts to YOUR answers to these 3 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 4 made the subject of a request for production of documents; 5 B. IDENTIFY the person(s) presently most knowledgeable about the information 6 sought in this interrogatory or its subparts. 7 RESPONSE: 8 Ford refers to and incorporates herein its response to Interrogatory No 43 9 INTERROGATORY NO. 56 10 Did YOU purchase or acquire any of the RAW ASBESTOS YOU used, processed, 11 manufactured, supplied, distributed, labeled or sold from the General Services Administration 12 or any branch or agency of the U S. Government during the period 1930 to 1985? If 13 yes, state: 14 A. The name and address of the agency which supplied the RAW ASBESTOS, 15 B. - -The grade and types of RAW ASBESTOS purchased or acquired; 16 C. The quantities of each type of RAW ASBESTOS purchased or acquired from 17 1930 to 1985, 18 D. The means of packaging; 19 E. Any health warning which accompanied each shipment of asbestos and indicate 20 when the warnings were first made; 21 F. Either attach all DOCUMENTS or disks containing such data, evidencing the 22 information sought in this interrogatory and its subparts to YOUR answers to these 23 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 24 - made the subject of a request for production of documents; 25 G. IDENTIFY the person(s) presently most knowledgeable about the information 26 sought in this interrogatory or its subparts. ' 27 l i I 28 PER, LUP 3341 liI 000 oooxxx AAM 26690* -41- (( 1 RESPONSE: . 2 Ford has not manufactured asbestos-containing brake parts used in its production 3 vehicles and, therefore, has not purchased processed asbestos used in their manufacture 4 INTERROGATORY NO. 57 5 As to each ASBESTOS-CONTAINING FRICTION PRODUCT listed m YOUR 6 preceding answers to these interrogatories, did DEFENDANT warn of the health hazards of 7 asbestos? If so, state for each such warning: 8 A. The content, size, color and location; whether the warning appeared on the 9 material and/or on the container and/or placed on a tag, whether the warning was included in 10 contracts, whether the warning was included in advertising or other promotional material; 11 B. State whether YOU have any photographs thereof; 12 C. The inclusive dates on which YOU used each such warning; 13 D. State all changes YOU made m such warnings and the dates of such changes; 14 E. IDENTIFY the person most knowledgeable about YOUR warnings and 15 warning policy; 16 F. Do YOU have or know of samples, photographs or DOCUMENTS depicting 17 the above warnings? 18 RESPONSE: 19 Ford refers to and incorporates herein its response to interrogatory No. 56. 20 INTERROGATORY NO. 58 ' 21 State whether any surveys or studies of ambient asbestos dust have been conducted by 22 YOU or on YOUR behalf at vehicle repair or maintenance facilities. If yes, state as to each 23 such survey or study: 24 A. The subject matter, title and date of each study; 25 B. The date and the name of the person authorizing the study; 26 C. The reason for the study; 27 D. IDENTIFY the persons who conducted the study; 28 PER, LLP Ml >5*1 E. occoooxxx AAM 266908 The date the study was completed; -42- (( 1 F Whether the results were published and disseminated and, if so, where and tp 2 whom. 3 G The results of the study, 4 H If statistical analyses were made, state the date and describe the results and 5 assumptions upon which they were based; 6 I. Either attach all DOCUMENTS or disks containing such data, evidencing the 7 information sought in this interrogatory and its subparts to YOUR answers to these 8 interrogatories or describe such DOCUMENTS- with sufficient particularity that they may be 9 -made the subject-of a request for production of documents; 10 J. IDENTIFY the person(s) presently most knowledgeable about the information 11 sought in this interrogatory or its subparts. 12 RESPONSE: , - 13 In the early 1970's Arnold Anderson and Roy Gealer of Ford's Scientific Research 14 Staff conducted tests to determine the quantity of asbestos fibers liberated from brake linings 15 during the-braking-processr-They concluded that over 99 98% of the asbestos fibers in brake 16 linings decomposed during the braking process into other materials. Their results were 17 published in a 1973 SAE paper by A. Anderson and R. Gealer entitled "Asbestos 18 Emissions From Brake Dynamometer Tests." 19 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake 20 linings being cleaned by brake mechanics using air hoses. They determined that asbestos 21 levels were well below existmg or proposed O.S.H.A. standards. This testing was 22 done by Mr. Anderson and Henry Lick, under the supervision of Paul Toth, the then 23 manager of Industrial Hygiene. 24 -In addition. Ford partially financed studies done at Mt. Sinai School of Medicine 25 which reached the same conclusions as the Ford Anderson/Gealer studies. 26 Ill 27 III 28 / / / PER, LLP 1541 coooccxxx AAM 26690S -43- tr 1 INTERROGATORY NO. 59 2 With respect to each product identified in YOUR answers to these interrogatories, 3 describe 4A The procedure which YOU recommended for installing the 5 ASBESTOS-CONTAINING FRICTION PRODUCT in the vehicle or machine for which it 6 was manufactured; 7 B The procedure which YOU recommended for removing the ASBESTOS8 CONTAINING FRICTION PRODUCT from the vehicle or machinery for-which it was 9 manufactured, -- 10 C Whether the procedure YOU recommended for the use, maintenance or 11 servicing of the ASBESTOS-CONTAINING FRICTION PRODUCT included: 12 1 Grinding; __ . - - 13 2. Arcing; 14 3. Beveling; 15 -- -- 4. Sanding. 16 D Either attach all DOCUMENTS or disks containing such data, evidencing the 17 information sought m this interrogatory and its subparts to YOUR answers to these 18 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 19 made the subject of. a request for production of documents; 20 E. IDENTIFY the person(s) presently most knowledgeable about the information 21 sought in this interrogatory or its subparts. 22 RESPONSE: 23 Ford states as follows: 24 A. - B. --Ford issued an August 3, 1973, memorandum to Plant Safety Engineers 25 directing that brake drums be cleaned using industrial type vacuum cleaners. The memo 26 directed that air hoses should not be used to clean brake drums. Simultaneously, 27 Maintenance Bulletin 137 was issued by the Plant Engineering Office to the same effect. 28 PER, 000 oooxxx AAM 166908 -44- c( 1 On October 24, 1975, Ford Technical Service Bulletin 99 was distributed to Ford and 2 Lmcoln-Mercury Dealers It recommended that a vacuum cleaner be used for cleaning 3 brakes In January 1976, a Technical Service Bulletin 104 was issued to the dealers 4 indicating that Ford recommended the use of an industrial vacuum cleaner in brake cleaning 5 operations. The 1977 edition of the Rotunda Catalog and Ford's Shop Manual for 6 Dealerships recommended that brakes not be cleaned with an air hose and that a vacuum 7 cleaner be used for this purpose. In November 1983, Ford issued Bulletin No 83-22 on 8 brake and clutch servicing. -Technical Service Bulletins are- presently- distributed to 9 approximately 29,000 Ford and Lincoln-Mercury dealer technicians. These documents are 10 the results of corporate activity and are not the work of any single author. These bulletins 11 have not been superseded. 12 ____ C At one tune, it was the practice to shape and fit linings by cutting, grinding 13 and beveling. Also, at one time, it was the practice to affix friction material to the metal 14 shoes or plates by riveting and bonding 15 ------ D.--------Fordrlhits'ongoing' searches for information which may be relevant to 16 asbestos litigation, has accumulated approximately 20,000 pages of non-privileged documents 17 and other materials pertaining to asbestos-related issues. To the extent that Plaintiffs' 18 interrogatory may seek information that may be contained in these documents. Ford will 19 make them available for inspection and copying at Plaintiffs' expeose at its offices in 20 Dearborn, Michigan, at a mutually agreeable time during regular business hours Ford 21 objects to this interrogatory to the extent that it calls for information protected from 22 disclosure by the attorney-client privilege or the work product immunity. 23 E. Mr. Frederick King, a Ford Design Analysis engineer, is generally 24 knowledgeable regarding asbestos-containing friction products. 25 INTERROGATORY NO. 60 26 Did any of the individuals or COMPANIES identified in YOUR answer to 27 Interrogatory Nos. 46-55 inclusive and Interrogatory No. 61 have an exclusive relationship 28 PER. LLP m 1941 000 oooxxx AAM 266908 -45 (r 1 with YOU? If so, IDENTIFY the individual or COMPANY, the production for which the 2 exclusive relationship existed and the inclusive dates of the exclusive 3 relationship 4 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 5 information sought in this interrogatory and its subparts to YOUR answers to these 6 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents; 8 B. IDENTIFY the person(s) presently most knowledgeable about the information 9 sought in this interrogatory or its subparts. 10 RESPONSE; 11 No. 12 INTERROGATORY NO. 61 13 Did YOU at any time between 1930 and 1985 own or operate a wholesale or retail 14 business or store in the DEFINED GEOGRAPHIC AREA at which 15 ASBESTOS-CONTAINING FRICTION PRODUCTS were MARKETED? If so: 16 A. State the name, address and years that the BUSINESS or store were in 17 operation; 18 B. IDENTIFY the owner and operator of the store or BUSINESS and the 19 inclusive dates thereof;__ . 20 C. IDENTIFY and describe the NATURE of the ASBESTOS-CONTAINING 21 FRICTION PRODUCTS sold at the BUSINESS or store and the inclusive dates thereof; 22 D. Did the store of BUSINESS have an exclusive relationship with any 23 manufacturer or MARKETER of ASBESTOS-CONTAINING FRICTION PRODUCTS? If 24 so, IDENTIFY the manufacturer or MARKETER, IDENTIFY the 25 ASBESTOS-CONTAINING FRICTION PRODUCTS and state the inclusive dates of the 26 exclusive relationship; 27 28 ILKLKR, ooooooxxx AAM 266908 -46- (C 1 E. Either attach all DOCUMENTS or disks containing such data, evidencing the 2 information sought in this interrogatory and its subparts to YOUR answers to these 3 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 4 made the subject of a request for production of documents; 5 F. IDENTIFY the person(s) presently most knowledgeable about the information 6 sought in this interrogatory or its subparts. 7 RESPONSE: S Ford sells replacement parts through franchised dealers and authorized distributors 9 throughout the United States. Ford also-refers to and incorporates herein its response to 10 Interrogatory No. 10. 11 INTERROGATORY NO. 62 12 If any person YOU have jdentified.in YOUR answers to -these interrogatories has had 13 his or her deposition taken, IDENTIFY the deposition by the name of the deponent, the date 14 the deposition was taken, the caption and number of the action in which it was taken, the 15 court which had jurisdiction over the action in which it was taken (including state and 16 county) and either the name and address of the court reporting agency which took the 17 deposition or the name and address of deponent's counsel of record. 18 RESPONSE: 19 Ford refers to and incorporates herein its response to Interrogatory No. 12. Ford 20 notes that Mr. Fredrick King has been deposed in several cases on behalf of Ford. 21 However, none of these cases alleged asbestos-related injuries. 22 CONCLUSION 23 DATED: April 20, 1998 24 _ ___ . Respectfully submitted, I 25 HARDIN, COOK, LOPER, ENGEL & BERGEZ, LLP 26 27 28 PERi LLP Mt r 3941 000 oooxxx AAM 266908 By`--EUGENE BROWN, JR! -47- < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PCH, U,P Ml 1541 000 OOOJCOC AAM 2*6908 r -48 f STATE OF MICHIGAN COUNTY OF WAYNE I ss - r JEROME R.0RQU1U-AR0 ^mg duly sworn, deposes and says that the deponent is an authorized agent of Ford Motor Company, and that the deponent verifies the foregoing SECOND AMENDED SUFFUEMFrNTAh-RERPONSES'QF FORD ' MOTOETCOMPANY TO GENERAL ORDER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS for and on behalf of Ford Motor Company and is duly authorized so to do, that the matters stated therein are not within the personal knowledge of the deponent; that the facts stated therein have been assembled by authorized employees and counsel of Ford Motor Company, and the deponent is informed that the facts stated therein are true. -- --............ - $l'2^S day of Ma., L HEflHffl A. SAMPSON Notary Public, Wayne County, MfcMga My Commission Expires Horrember 21,232 .1998 \}-.\\ <