Document VJKy3zGb8ayKzgeXrrJ8jbE5Z
0 51 01 0 ? p 0
PLAINTIFF'S EXHIBIT
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6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY
7 DONALD L.HORN,
)
)
8
Plaintiff,
) No. 80-2-09935-3
9 vs.
) ) S.K. WELLMAN'S SUPPLEMENT TO
10 THE BENDIX CORPORATION;
) PLAINTIFF'S FIRST ) INTERROGATORIES, REQUESTS FOR
et al.,
11
Defendants.
) PRODUCTION OF DOCUMENTS AND
) REQUESTS FOR ADMISSION )
12 )
13 COMES NOW defendant S.K. Wellman Corporation, by and through
14 its attorneys of record, Stafford, Frey & Mertel, and supplements
15 its answers to plaintiff's first interrogatories, requests for
16 production of documents and requests for admission previously
17 filed with this court. 18 1.21 Objection - this is privileged, proprietary informa
19 tion. Counsel in Seattle has in his possession the names and
20 addresses and will deliver same for an inspection by the court
21 and would agree to a review of the list by plaintiff's counsel
pursuant to an agreement of confidentiality and non-disclosure
to other persons or parties including defendants in the present
litigation without further order of the court. S.K. Wellman
sold (non-asbestos) Velvetouch Metalik friction material to
Western Brake in Los Angeles, California from approximately 1963
1 - S.K. Wellman's Supplement to Interrogatories and Requests...
L*tfYc" ..
05 I 0 I 0 3 8 I
1 through 1973. Please refer to the attached sales records of 2 non-asbestos Velvetouch Metalik to Western Brake in Los Angeles, 3 California, with respect to asbestos-containing products, S.K. 4 Wellman has no records of sale to Western Brake Company. This 5 supplemental answer is an attempt to clarify our prior response 6 to plaintiff's interrogatories relating to sales records. Our 7 prior response was provided within the last 20 days. 8 1.23 (a) Irrelevant objection - however, S.K. Wellman 9 believes its products were distributed in the state of Washington; 10 (b) Unknown; 11 (c) Release of customer list is objected to as 12 privileged and proprietary. S.K. Wellman has no record of any 13 asbestos-containing products sold to Western Brake, Los Angeles, 14 California. We have attached all copies of S.K. Wellman 15 Corporation's sales records to Western Brake. 16 3.01 No. S.K. Wellman Corporation has no record of any 17 sale t)f asbestos-containing products to the listed companies. 18 3.03 No. S.K. Wellman Corporation has no record of any 19 sale of asbestos-containing products to the listed companies. 20 3.05 No. S.K. Wellman Corporation has no record of any 21 sale of asbestos-containing products to the listed companies.
3.13 None. See answer to interrogatory no. 3.05 above.
2 - S.K. Wellman's Supplement to Interrogatories and Requests...
LA* 0"<CCS 0O vft'OM r*CC~ CatTlC.Qt
1
2
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9 10 11 12 13 14 15 16 17 18 19 20 21
3 - S.K. Wellman's Supplement to Interrogatories and Requests...
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05101038'
tfi 'r`'tn
EXCHANGE BRAKE SHOES
RIIINID WITH
SUGGESTED RESALE
effective
APR 15, 1972
1101 Washington Blvd. Los Angalts. Calif . 90021 (213)749 1257
SET NO.
9 10 12 17 30
31 T33B 40 51 S3
55 62 T638 65 *69 A
*70 *76
78 T109 11TB
112 113 114 115 127
*141 148 151 152 154
LIST
NET
SET NO.
19.65 19.65 20.15 19 65 21.35
13.75 13.75 14 10 13.75 14 95
155 1568 1578 *158 *159
19 00 22.60 19.85 19.00 20.85
13 30 15.80 13 90 13.00 14.60
160 161 169 *173 174
19 65 22.00 28 25 24 40 24.40
13 75 15.40 19.75 17.10 17.10
176 177 180 183 184
23.00 19.75 19.65 28. IS 19.00
16.10 13.80 13.75 19.70 13.30
189 191 193 194 195
19 65 17.15 18.50 19.65 24.25
13.75 12.00 72.95 13.75 17.00
196 197 227 228 241
19.25 26.85 19.00 19.00 1950
0.45 18 80 13.30 13.30 13.65
242 243 244 246 T248
LIST
I SET
NET | NO.
19.50 21.50 26 85 18.50 19.50
13.65 15.05 1880 12.95 13.65
253 254 255 256 260
20.75 1950 19.50 20.85 21.50
14.50 13.65 13.65 14 60 15.05
261 262 263 264 265
18.50 20.15 19.50 20.75 27.00
12.95 14.35 13.65 14 50 18.90
266 267
272 T273 280
19.15 19.50 19.00 22.65 19.00
13.40 13.65 13.30 15.85 13.30
2828 283B 286 288 290
19.00 23.15 21.00 19.25 19.25
13.30 16.20
14.70 13.50 13.50 |
291 293 294
304 306
18.75 19.50 17.15 19.25 24.00
13.15 13.65 12.00 13.50 16.80
309 T310 T314 T316 T320
T -- Truck - some arc soecial bond * -- Non-stocking, special order -- non returnable
LIST NET
19.75 21.00 18.15 19.00 21.X
13.80 14.70 12.70 13 30 14.70
20.85 19.65 20.15 21.50 26.85
14.60 13.75 14.10 15.05 18.80
19.X 19.X 19.65 28.25 21.50
13.30 13.30 13.75 1980 15.05
19.X 1965 18.50 W.X 19.65
13.30 13.75 12.95 13.30 13.75
19.65 21.50 25.75 19.65 19.65
13.75 15.05 18.X 13.75 13.75
20.85 22 60 27.85 25.25 28.25
14.X 15.80 19.X 17.65 19.75
SET NO.
329 330 331 332 333
334 335 336 337 T338
339 340 345 T347 356
T357 T358 360 T361 362
363 364 365 366
LIST NET
18.X 19.65 19.X 1965 19.65
19 65 20.75 25.75 21.50 26.85
12.95 13 75
13 30
13.75
13.75 j
13.75 1j
14 50 j
18 X ,
15.05 j
18.80 |
28.25 19.75 ' 23.15 16.20 24.40 17.10 26.25 18.35 17.15 12.X i
-- 25.25 17 65 27.85 19 50 17.15 12 X 28 25 19.75 17.15 12.X
19.65 25.75 19.65 24.40
13.75 18.X 13.75 17.10
FOREIGN CARS
20.00 17.50 afwciti oratr non-returnable
051010384
EXCHANGE BRAKE SHOES
MIINKD WITH
SUGGESTED DEALER RESALf
EFFECTIVE APR. 15. 1972
1101 E Washington Blvd. Los Angtles, Calif.90021 (213)749-1257
SET SET SET
NO.
LIST NET
NO.
LIST NET
NO.
9
19.65 11.80 155
19.50 11.70 253
1C 19.65 11.80 156B 21.50 12.90 254
12
20.15 12.10 1578
26.85 16.10 255
17
19.65 11.80 *158
18.50 11.10 256
30
21.35 12.80 *159
19.50 11.70 260
31 T338 40 51 53
19.00 22.60 19.85 19.00 20.85
11.40 13.55 11.90 11 40 12.50
160 161 169 *173 174
20 75 19.50 19.50 20.85 21.50
12.45 11.70 11.70 12.50 12.90
261 262 263 264 265
55 62 T63B 65 *69A
19.65 22 00 28.25 24.40 24.40
11.80 13.20 16 95 14.65 14 65
176 177 180 183 184
18.50 20.15 19.50 20.75 27 00
11.10 12.10 11.70 12.45 16.20
266 267
272 T273 280
*70 *76
78 T109 1118
23.00 19.75 19.65 28.15 19.00
13 80 11.85 11.80 16.90 11.40
189 191 193 194 195
19.15 19.50 19.00 22.65 19.00
11.50 11.70 11.40 13.60 11.40
282B 2838 286 288 290
112 19.65 11.80 196 19.00 11.40 291
113 17.15 1030 197 23.15 13.90 293
114 18.50 11.10 227 21.00 12.60 294
115 19.65 11.80 228 19.25 11.55 304
127 24.25 14.55 241
19.25 11 55 306
*141 148 151 152 154
19.25 26.85 19.00 19.00 19.50
*11.55 j 16.10 1
11 40 !
11 40 ;
11
70
! 1
242 243
244 246 T248
18.75 19.50 17.15 19.25 24.00
11.25 11.70 10.30 11.55 14.40
309 T310 T314 T316 T320
T -- Truck - some are special bond * -- Nonlocking, special order - non returnable
LIST NET
19.75 21.00 18.15 19.00 21.00
11.85 12 . >0 10.90 11 40 12., 0
SET NO.
329 330 331 332 333
20.85 19.65 20.15 21.50 2685
12.50 11 80 12.10 12.90 16.10
334 335 336 337 T338
LIST NET
18.50 19 65 19 00 19.65 19.65
1965 20 75 25.75 21 50 2685
11 10 11 80 11 40 11 80 ' n ao i
i
11 80 1 12 45 ' 15.45 | 12 90 ; 16 10 ;
19.00 19.00 19.65 28.25 21.50
11.40 11.40 11.80 16.95 12.90
19.00 19.65 18.50 19.00 19.65
11.40 11.80 11.10 11.40 11 HO
339 340 345 T347 356
T357 T358 360 T361 362
28.25 23.15 24 40 26.25 17.15
16 95 13.90 14 65 15 75 '
10 3C 1l
25.25 27.85 17.15 28 25 17.15
15.15 16.70 10.30 16 95 10 30
19.65 21.50 25.75 19.65 19.65
11.80 12.90 1545 11.80 11.80
363 364 365 366
19.65 25.75 19 65 24 40
11.80 15.45 11 80 14 65
20.85 22.60 27.85 25.25 28.25
12.50 13.55 16.70 15.15 16.95
FOREIGN CARS
20.00 15 00 Special order non-returnable
UMrnn
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03 I U I U JtJD
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EXCHANGE BRAKE SHOES
>111N10 WITH ''
SUsisi
* distributor net EFFECTIVE APR. 15. 1972
J101 E. Wellington Blvd. . Lo Angtfes, Cenf. 90021 J.|213W4fl12S7
.tv
-v .T . - *
v_
.* ^ '
set
-NO.
ust NET
SET NO.
..:r.V
^lO.rr
iM r-
*17
3
19.65 19.65 20.15 19.65 21.35
7.85 155 7J5 1668
8.05 1678 7.85 *158 555 *159
-31 ' T338
'.40 .
-61
;m .
19.00 22.60 19.55 .19.00 20.85
7.60 160 9.05 161 7.95 169 7.60 *173 8.35 174
^BS ":82 ,$.7638
65 *88A
19.65 22.00 28.25 24.40 24.40
7.85 580 11.30 9.75 9.75
176 177
180 183 184
LIST
19.50 21 JO 26.85 16.50 19.50
20.75 19.50 19.50 20.85 21.50
NET
7JO 8.60 10.75 7.40 7.80
SET -* > ' _ NO. *- LIST
2S3 r .119.75 -254 -- 21.00
255 J.v >8.15 256 C< 1900 250 21.00
eS
"J />tV
* sy srr NET. 'NO. 1 LIST
r.
7.90 -6.40
7.60 8.40
. 329 18.50 - 330 -19.66 -831 . 19.00
332 ~ 19.65 333 19.65
8.30 261 7.80 262
20.85 8.35 334 19.65 7J8 335
19.65 20.75
7.80 253
20.15 8.05 335
25.75
8.35 254 : r- 2130 8.60 -337 . 21.50
8.60 255 -26JS 10.75 T338 25;85
NET
7.40 7.85 7.60 7.85 7.85
7.85 8.30 10.30 8.60 10.75
18.50 20.15 1930 20.75 27.00
7.40 8.05 7J0 8.30
10.80
256 19.00 257 _ .19.00 272 ; 19.65 T273 28.25 280 21.50
7.60 7.60 -735 11.30 8.60
339 -340
345 T347 356
28.25 23.15 24.40 26.25 17.15
11.30 9.25 9.75 10.50 6.85
4+ PS
-*70. *76 ' -"-n *-- T109
**'1116
23.00 19.75 19.65 28.15 19.00
9.20 | 7.90 ! 7.85 11.25 7.60
188 191 193 194
195
19.15 19.50 19.00 22.65 19.00
7.65 7 JO
7.80 9.05 7.60
2528 2838 286 285 290
19.00 19.65 18.50 19.00 19.65
7.60 7.85 7.40 7.60 7.85
T357
T3S8 360 T361 362 *
25.25 27.85 17.15 28.25 17.15
10.10 11.15 685 11.30 6.85
c
r^#S*;
112 19.65
:ii3
17.15
114 _ 18.50
-I1S - 19.65
1;27 * 24.25
7.85 6.85 7.40 7J5 9.70
196 197 227 228 241
19.00 23.15 21.00 19.25 19.25
w *141
146
IT Affisr^
-.151
tufll-T?
152
* " V"** m.
19.25 26JS 19.00 19.00 1930
>.70 10.75 7.60 7.60 7.80
242 243 2a 246 T248
18.75 19.50
17.15 19.25 24.00
.: fVt- ~T-- Truck-some are special bond
'
- -Z? -- Non-stocking, special order - non returnable
7.60 9.25 8.40 7.70 7.70
7.50 7.80 6.85 7.70 9.60
291 19.65 293 2130 294 _ . 25.75 304 19.65
306 19.65
7.85 8.60 10.30 735 7 .*85
309 T310 T314 T316 T320
20.85 22.60 27.65 2S-25 28.25
8.35 9.05 11.15 10.10 11.30
363 19.65 364 25.75 365 ' 19.65 366 24.40
- - si: - -i. ,
7.85 10.30 7.85 9.75
FOREIGN CARS , -'
___ **,2; 0.00 10.00
. . apectai oraer
non-returnable
*_ . . m
*-: rur.s:
i-> 'LT=f/,_' -
_ ,.W-M4
.i
051010386
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- -- . '--vr;_^;lNTSR.^O(JW CORRESPONDENCE
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112^//1lA9//6d9 im' ^r*7Western Bnkt 4 Aut^w^H^* Sales
- " -;- -------*~L'=cr-.Lo Angeles, Calif. --
- ^:sz; ..
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Please bill the abort account fori
*.-.*.<;* -, " -- -
*-~j*~*?' *** * ' *r*T%^r *p**-* --
*
..
15500 Bonders* labels $7.00 per thousand.
Shipped 1-2-69, by parcel post.
t, ;v
iv
Terry Krol
HIKYi tt";
Sales
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I1NMI IIMOVf AMO KIIO THU COOT IM OUKOVT tlf WVTN CAIOM OffACT. POO UW Of IOUO
05101039
Ill
BONDED
- LA
INTERMOUSE CORRESPONDENCE
QgamcA
__________________ _______
idcsrvW fbfiAKi*.
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Vizccr TO CUTOAic^..
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/SS'oo <-A4*lls to you
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BONDED
.
t
051010398
INTERHOUSi CORRESPONDENCE
R. Aberdeen - Los Angeles
6/18/69
Western Brake 1/ Automotive Sales Labels
Please bill the above account for 3000 Bonders' labels $7.00
Shipped by Air Parcel Post 6-18-69.
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Terry Krol
DIPT. Sales-Bedford
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IINOIt IIMOVI AMO HIP THIS COPT iOtO SNAP-OUT SIT WITH CAUON IUTACT. POP VU Of UPUUL
li 0 I 0 I 0 3 8 P
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INTERHOUSE CORRESPONDENCE
TO L. Baker - Los Angeles
ATI. 6/18/69
wi
am
)<
Lynn:
_Wt,KT Western Brake b Automotive Sales Lab<
wc c
Ve shipped via Air Parcel Post 3000 Bonders' Labi to Western Brake b Automotive Sales today.
Bee attached label.
SiGN|0__ KaPLYl
Terry Krol
OUT, Sales Bedford
SIGNED
SINOU *l*OVt and KEEP THU CO*T UNO INAPOVT m wrTN CAiiOH INTACT. PO utl 01 tl'i'UL
#510183'
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0510103a*
/
INTERHOUSE CORRESPONDENCE
to R. Aberdeen - Los Anaales---------------------------------------------
un 12-10-68 iicT Western Brake & Automotive Sales Los Angeles, Calif.
Please bill the above account for 3)4 Bonders'
labels $9.00)4
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05101039'
AMfllCAN
Brake Shoe COMFANT
* . American Brake Shoe Company
mi 9. K. WIUMAN DIVISION
$445 Shell* Street, Let i*elei, Calif.
msfmi)
1-25-44 1-1*44
94- 44154 Fareel Wmt
ixiusr
Bedford
T(<y|
M IOTP MOI
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S0L0 Brake tr laUMtivt Sales
to 1101 E. WeahlagtaaBlvd.
. Lee Angel# 21 Calif*
SHIPPED TO
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Customer 94>TNUU|(9
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OCSCMiNTlON
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Beater* Cartea Label*
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_______ ________
M<<<<MMMMMMMM<<< MMMMM<<MMMM<MM
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"W* harobr cort.tr that thoo 9ood> .oro product* .n compl.mci with oil oapl.cabl* roa.r*in*ni* o( Soct.ont , 7, ond 12 *1 lb* Pair Labor Standard* Act, a* omondod. and a< ro^ulot.on* and ardor* o< th* Unitad Sfatao Dopartmant a< Labor uod imdar Soct.on Id lharoot.
PACKING ust
051010394
"ROUND TRIP" CORRESPONDENCE SET
TO mto" iKryiK nu commumicatiom wirri hvit id ici *. 417 -- RETURN ORtOiMAt TO SENOCff *JQ Rll* CO**
ILK
INTERHOUSE CORRESPONDENCE
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05 I 0 t 0 3 9 5
CASHIER
JU. Bedford, Ohio
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Brake Shoe Cpmpan
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form m*a>
MEMORANDUM COI*Y
>
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INTERHOUSE CORRESPONDENCE
n Ralph Balt si a - Los Anseles
,,,, U/29/O7
Vetters Brake 0 Automotive Sales
Lot Angeles, CUTTI------------------
Please bill these people for 5)( Bonders' Labels
$9.00)4.
1)4 Shipped Airmail 11/29/67 4)4 Shipped Parcel Post 11/29/67
SISNf_
KtfUi
Steve Cvitkovich Sales Pest._____
Ve billed the shove on B-96 13886 d/12-8-67.
Thank Toe
OATI U-a-ii
W4MC9
M fthirJrr
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CATALOG NO. 68-TL
Powdered Metal Brake Lining for
Medium and Light Trucks Passenger Cars
051010393
This catalog contains listings of brake linings used on current passenger cars, light and medium size trucks.
The VELVETOUCH METAUK lining sets listed are made of powdered metal lining segments -- bonded to quality-reconditioned shoes -- with a special hightemperature adhesive. These are used primarily on the passenger cars and light trucks.
VELVETOUCH SAFTI-SETS -- for medium size trucks -- differ in that they are supplied as a boxed set of lining only. Each set consists of four pieces of VELVETOUCH ORGANIK drilled lining and four - all metal VELVETOUCH FERAMIC drilled segments. One piece of ORGANIK li ling and one FERAMIC seg ment are riveted to each shoe. USE VELVETOUCH S EEL RIVETS. VELVETOUCH SAFTI-SETS offer a higher stable friction for the larger and heavier trucks. Due to the all-metal composition, SAFTI-SETS are fade free under hot or cold condi tions and are impervious to water.
Refer to pages 15 through 20 for additional information on the installation of the VELVETOUCH METALIK and SAFTI-SETS.
WARRANTY
Sellar warrants Its products sold hereunder to ba fra* from defects in mstarial and workmanship undtr normal us*. It is expressly agreed that no warranty of merchantability, nor any other warranty, express or implied or statutory, is made by the seller hereunder. Sailer's entire and exclusive liability, whether founded on war ranty, contract, negligence or otherwise, and buyer's exclusive and sola remedy hereunder, is limited to repair or replacement of defective goods. F.O.B.. our factory, or at sailor's option the return of the purchase price. Seller will in no event be liable for any special or consequential damages whatsoever.
r I - -T ,. -
VELVETOUCH PRODUCTS FOR IMMEDIATE SHIPMENT
are focfced for you of these convenient S. K. Wellman Die. Warehousing tenters
ATLANTA. CA. -- IMS Lowr*nc**Ul* Hr. D*eatur Go. 30031 Phon*: 636-9425 -- 36-9426
CHICAGO. ILL. -- 225 Bond Si. -- Elk Grove Village, 111. 60007 Phon*: 439-2380 -- 439-2381
CLEVELAND. OHIO -- 200 Egbert Road -- B*dlord, Ohio 44146 Phon*: 232-2400 -- 232-3869
DALLAS. TEXAS -- 8911 Governor* Row -- Dallai. T*sb 76247 Phon*: 637-1720
DENVER. COLO. -- 2160 S. Upas Si. D*nr*r. Colorado 80223 Phon*: 936-0023
LOS ANGELES. CAL1T. -- 6446 Sheila St. -- Lo* Angel**. Calii. 90022 Phon*: 686-4100 -- 686-4101
PHILADELPHIA. PA -- 4041 Ridg* At*. -- Philadelphia. Pa. 19129 Phon*: 438-5566
PORTLAND. OREGON -- 7926 N. E. Eillingeworth Portland. Oregon 97218 Pboa*: 252-0256
SAN FRANCISCO. CALIT. -- 508 S. Airport Bird. -- So. San Francieeo. Cold. 94080 Phon*: 761-2645
S. K. WEUMAN COMPANY OF CANADA, LTD. BRANCHES
EDMONTON. ALBERTA -- 11306
TORONTO. ONTARIO -- 1198B Cal
119th Si. -- Edmonton. Alberta
edonia Rd. -- Toronto 19. Ontario
Phon*: 455-4463
Phon*: 782-1103 -- 782-1 104
MONTREAL. QUEBEC - 10793 Altr*d Si. -- Montreal 39. Qu*b*c Phon*: 323-3791
VANCOUVER. B.C. -- 101 E. Second At*. -- Vancourer. B.C. Phon* 879-6364
WINNIPEG. MAN. 946 Dgin At*.
-- Winnipeg 3. Man.
Phon* 783-8252
SAliS OFfICIS
EXPORT DEPARTMENT -- 330 Filth At*., New York. N Y 10C36
Phon*: 697-7000
WASHINGTON. D.C. -- 1101 Vermont At* N W --Wajlungton, D C. 20C05
Phon* 737-1744
Printed in U.S.A
S. K. WELLMAN DIVISION BEDFORD, OHIO
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JAN 7 1966INTERHOUSE CORRESPONDENCE
AArttRtCAN BRAKE SHOE C Walt Gregoricios anokes manch
QAt, 1-6-66_____ miner Brake & Automotive Sales - Los Angel
I got your little (?) note of 1-4 concerning lab Here's what we've shipped ;
1000 on 9-5-65 2500 on 10-20-65 (by air PP) 1000 on 12-1-65
Are they saying they didn't receive these or is
a case of just using them up? We are going ahead v
an additional 5000 labels for them and should have
them to ship either next Monday or Tuesday. The
instruction sheets will go out ahead.
'
Steve Cvitkovich
SMN_
unvt
-OUT.
Sales
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.! Ar
No. 61627
BEdford 2-2400
The S. K. Wellman Co.
nanwpactvrsrs or
Velvetouch All-Metal Friction Prooucts
200 EGBERT ROAD
Brake & Automotive Sales1101 g Washington Blvd._________________________
DettinotioA-Loa Angeles--------------------------Slot* of_____^allf.
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Car Na
Cuitomvr't Ordf No*.
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64-TL Catalogs_____________________________________ Break-In Instruction Sheets Good Brakes Envelooe scuffera
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THE S, K. WELLMAN COMPANY. BEDWit. 8jiPETO*<llMET<t FRICTION PRODUCTS
Advertising Materials Requisition
sxa uscumoH
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Brake Llnln* Catalog* Yellow Trade Price Liece Green Fleet, Car Dealer Price Llata
OBDSB
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Blue Jobber Price Llata
Orange Segment Coat Price Llata
B/7A r< /Al.T'Rec. u. p*' Y.C S' U -H.TV
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Carton Label* (apeclfy large or email) M_5fl M . wtal
Imprinted Shipping Label
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L-92S2A "Good Brake*" Envelop* Stuffer L-925&A Dlatrlbutor Announcement Self Mailer
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L-9256A "Why You Heed Velvetouch" Brochure
S2-2562 Truck Lining Self Mailer
L-9251A Velvetouch MetaIlk Ad Mat Sheet
L-4989A Flyer Ad
Window Banner - 11" x 28"
Wall Banner - 24" x 30"
Popular Mechanic* Article Beprlnt
Bod & Cuatom Article Beprlnt
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Sport* Car Graphic Article Reprint
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Window Decal
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1" x 3" Wlndahield Sticker*
5-1/2" x 11-1/2" Truck Decal
HOIS: All ic are ao charge with ch exception of the Imprinted carton Label*.
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BRANCH OFFICE NUMERICAL COPY
0510104'
"INTERHOUSE" CORRESPONDENCE SET
TO MltOn IKIIVMS ntii COumuniciTiom WIITI HUT in t4CI MOWIOI ivuiri Kin sn - irrum onemu ro linen amo tin co
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TO. Art. K.
DAT! 1-13-64
INTERHOUSE CORRESPONDENCE
WIJKT_ Advertising Material
Please ship to Brake & Automotive Sales, 1101 East Washington Blvd., Los Angeles, Calif. 90021, the following advertising:
Approx. 1000 - L-4482A -(Good Brakes are No Accident]) 100 - Reprints of the Sports Car Graphic article
Thanks I
RVtYi
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Los Angeles
OATt .JitAft
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AUTHORIZED BONDER.
BRAKE & AUTOMOTIVE SALES
1101 E Washington Blvd.
Los Angeles 21, California
**
telvetmll Metalik
Precision Bonded and Radius Ground
One Axle Se!
BRAKE & AUTOMOTIVE SALES
1101 E. Washington Blvd.
Los Angelo 21, California
051010*1*
BRAKE & AUTOMOTIVE SALES
1101 E V/.r.hmcjton BlvcJ.
Lo\ Angelas 21, Cj'^orntd
BRAKE & AUTOMOTIVE SALES
1101 E. Washington Blvd.
Los Angrlrj 21, CaUlamid
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CARRIER
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.
BEdford 1-2400
The S. K. Wellman Co.
MANUPtCTURtM OR
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Velvetouch All-Mctal friction Products
Ho. 54882
200 EGBERT ROAD
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ADVERTISING >HO PACXAGIMC ITEMS
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. ITEM DESCRIPTION 63-TL Brake Lining Catalogs Yellow Trade Price Lists Green Fleet, Car Dealer Price Lists Blue Jobber Price Lists Orange Segner: Cost Price Lists Small Carton .abel
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Large Carton Label
^ / IV}
Imprinted Shipping Label 1 | L-9253A"What are the Facts" Brochure
L-9252A "Good Brakes" Envelope Stuffer
L-9254A Distributor Announcement Self Mailer
L-'9256A "Why you Need Velvetouch Metalik" Stuffer
S2-2562 Truck Lining Self Mailer 1
L-9251A Velvetouch Metalik Ad Mat Sheets 1 | L-4989A Flyer Ad
! Window Banner - 11" x 28" 1 | Wall Banner - 24" x 30"
1 Popular Mechanics Article Reprint
&- Rod Custom Article Reprint
! Sports Car Graphic Article Reprint
Windov Decal
1" x 3" Windshield Stickers
INVENTORY
ORDER
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DATE
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CARR
SHIPPING ORDER
12-6
05 I 0 I 0*I 8
At Bedford, Ohio19
THE S. K. WELLMAN CORP.
300 (obwf ImA feOford. O.o 4414*
TcMp+ion*: 333 2400 Ai%* Cod* 214
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. Shipped to
PwhMfaOB. .
western Brak. 4 Automotive Sale.
H01 Washl"^" Blvd~
LoS Angeles
Sti.of Calir..` .. -ZipCode ?--2?1 - -
- - ' ---------------------
' _CW'i.l. Guioitxr'i Order No.--------- --------------------------------------------"
CUrWo. '
'
YOU** 0*0(1* MO.
out* 0*0(1* NO.
OMAN OOft(0
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1000
UAN MtRRCO
DESCRIPTION MetaliX Instruction ineets
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ALL. CLAIMS *NO KCTUKNCO GOODS MUST SC ACCOMPANIED ST THIS IU_
raw ra-i OFFICE COPY
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05 I 0 I 02 I 6
Shannon *T*rrc0 *
'-0-waS 0 r*tr
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3AviO t MAHTMAN
,3N HUNT
-o*n o coo*et a *Cha0 0*3THA MONACO SCOTT ec'S Srte*<CN WAASON
AltUAM w *CAl
O'AnC O GCiOC* MAHQaMCT c `-cCAATSe*
AOMNCY AOSC<*t SWAIN
JOHN IUOLQNO
jtrrmtr a cnautianjon OianC j hCAO
law C* 'CCS
Mary Ellen Keegan Dodd, Coney, & Bishop,
1411 Fourth Ave. Bldg. Seattle, WA 98101
P.S. Suite
312
Re: Donald L. Horn vs. The Bendix Corp.
S
i
Dear Ms. Keegan:
i
Enclosed is S.K. Wellman's Answers to Plaintiff's First
Interrogatories, Requests for Production, and Requests for
Admission. These answers are conditional upon our client in
Cleveland, Ohio reviewing them and signing the signature page.
We will mail him a set of the answers today by Express Mail
and hopefully he will be able to certify the answers and
return the signature page to us by next week. Upon receipt
of the certification, we will file the original and send a
copy of the signature page on to you.
Thank you for your cooperation in this matter.
_ Very truly yours,
t STAFFORD, FREY & MERTEL
'f/ldAJibcL 0 ThomajiA
Marsha A. Thomaies*v .
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OOuOuAS * AuO"rON OaviO C
jON P HUNT
uOhn O C30PCP
A O'CHAPO OTAfTPA PONAcO SCOTT 9C --
W'ULIAM C NCAl O'ANC 3 CCIOC* mapoapCTc mcCaatnCt POMNCT POCPT SPAIN JOHN 6UOWONO jcrrm^r a cnpistiansOn oianc w *e*o
uAW orr-ccs
.y/sf/fesr/
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POO UNiCN STPCT SgATTLC WASHINGTON 96(01
(206) 623-9900
April 11, 1984
Mr. Brian D. Lynch Attorney at Law 312 - 1411 Fourth Avenue Bldg Seattle, Washington 93101
Re: Horn v. S. K. Wellman Our File: 107/3252
Dear Brian:
Enclosed please find pages 24, 27, 103, Exhibit 4.40/4.41 and the executed signature page of S. K. Wellman's answers to plaintiff's interrogatories. These pages contain the only changes that were made to the answers to interrogatories and we would therefore ask that you insert the pages in the correct sequence in your copy of the answers to interrooatories. Thank you.
Very truly yours
CWM:kl Enclosures
05 ! 0 I j2 I 8
5.
I s
1i
2
3
4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 5 FOR KING COUNTY
DONALD L.HORN,
8
7 v.
Plaintiff,
8 THE BENDIX CORP, et al.,
9 Defendants.)
)
) ) NO. 80-2-09935-3 ) ) PLAINTIFF'S FIRST
) INTERROGATORIES, REQUESTS FOR ) PRODUCTION OF DOCUMENTS AND , REQUESTS FOR ADMISSIO
10 TO: Defendant
S. K. Wellman
AND ANSWERS AND RESPONSES THERE7C
11 AND TO ITS ATTORNEY:
Stafford, Frey & Mertel
12
PLEASE TAKE NOTICE that the plaintiff hereby submits the
13 original and two copies of the following interrogatories pursuant
14 to the Style Order, CR 26 and CR 33, together with Plaintiflf's
15 First Requests for Production of Documents and First Requests for
16 Admission pursuant to CR 34 and CR 36. In accordance with CR 33,
17 you are to answer the interrogatories under oath, and return within
18 sixty (60) days of the date of service of these interrogatories,
19 requests for production and requests for admission. To the extent
20 possible, answers to the interrogatories should be typed in the
21 spaces provided, adding pages if additional space is required. In
22 accordance with CR 34, you are to produce the documents requested
23 herein for inspection and copying at the offices of Dodd, Coney &
24 Bishop, P. S., Suite 312 - 1411 Fourth Avenue Building, Seattle,
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 1
Dodo. Concv Sc Bishop. PS
J12-1411 FOUMTM AVfNUC lULDiftG
SCATTLf. WASHiMGfO* If 101 122 UM
0310102!?
1 Washington within sixty (60) days of the date of service of this
2 request.
3 SPECIAL INSTRUCTIONS 4
1. All interrogatories are direc-ed to information or 5 knowledge of the named party, attorneys, agents, corporate 6 officers, employees, representatives, partners, subsidiaries, . 7
private investigators and all other person or entities who are in
8 possession of or who may have obtained information for or on behalf 9 of the named party. The term "you" or "your" shall be defined to 10
include all such persons. 11
2. In answering these interrogatories, all language 12
should be kept in context, the singular including the plural, and 13
the plural including the singular where appropriate. The masculine 14
is intended to refer to the feminine where appropriate and vice 15
versa. 16
3. When listing or identifying a record or document, the 17
term shall mean any recorded material in any form, including 18
originals and all nonidentical copies (whether different from the 19
originals by reason of any notation made on such copies or 20
otherwise), including without limitation correspondence, memoranda,
21
notes, desk calendars, diaries, statistics, letters, telegrams, 22
minutes, contracts, reports, studies, checks, invoices, statements, 23
receipts, returns, warranties, guaranties, summaries, pamphlets, 24
books, prospectuses, interoffice and intraoffice communications, 25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 2
051010220
1 offers, notations of any sort of conversations, telephone calls,
2 meetings or other communications, bulletins, magazines,
3 publications, printed matter, photographs, microfilms, indexes,
4 computer printouts, teletypes, telefax, invoices, worksheets and
9 all drafts, alterations, modifications, changes and amendments of
6 any o4 the foregoing, tapes, tape recording transcripts, graphic or
7 aural records or representations of any kind, and electronic,
8 mechanical or electric records of representations of any kind, of
9 which you have knowledge or which are now, or were formerly in your
10 actual or constructive possession, custody or control, or which
11 come into your control during the course of this litigation.
12 4. "Possession, custody or control" includes the joint
13 or several possession, custody or control not only by the person to
14 whom these interrogatories and requests are addressed, but also the
19 joint or several possession, custody or control by each other
16 persoi acting or purporting to act on behalf of the person, whether
17 as employee, attorney, accountant, agent, sponsor, spokesman or
18 otherwise.
19 5. "Relates to" means supports, evidences, describes,
20 mentions, refers to, contradicts or comprises.
21 6. "Person" means any natural person, firm, corporation,
22
partnership, proprietorship, joint venture, organization, group of 23
natural persons or other association separately identifiable, 24
whether or not such association has a separate juristic existence 25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
3
05101022!
1
in its own right.
2 i 7. "Identify" or "identity" means
3 i --as to a person to state with respect thereto:
4 (a) if a natural person, his or her full name,
9 present residence address, and telephone number;
6 (b) if a natural person, the name and last known business address of his or her employer(s) at
7 the time referred to in your answer and at the present time, and the employment position held
8 by such employees with each employer and the I date when each such employment began and ceased,
9 and if a doctor, his area of specialization;
10 (c) with reference to persons who are not natural J parents, the last known complete address,
11 including zip code, and last known complete telephone number, including area code, of its
12 headquarters and its nearest or local office or agent.
13
8. "Identify" or "identity" means: 14
--as to a document to state with respect thereto: 15
(a) the name of the person who prepared it; 16
(b) the name of the person who signedit or over 17 whose signature it was issued;
18 (c) the name of each person to whom it was addressed or distributed;
19
(d) the nature and substance of the writing with 20 sufficient particularity to enable it to be
_ identified; 21
(e) the date when it was prepared; 22
23 (f) the date when it was signed;
24
(g) the physical location of it and the name and address of its custodian or custodians;
25
PLAINTIFF'S FIRST INTERROGS, ETC.
4
051310?
1 (h) whether it will be voluntarily made available to plaintiff for inspection and copying, and
2 whether copies are attached to your answers to these interrogatories. (In lieu of fully
3 identifying the documents referred to herein,
you may instead attach copies of such documents 4 to these answers.);
9 (i) if any such document was, but is no longer in your possession or subject to your control, what
6 disposition was made of it and the reason for 7 its disposition.
9. "Identify" or "identity" means: 8
--as to an oral communication to state with respect 9 thereto:
10 (a) the identity of each person who participated in
11
the communication and the identity of each person who was present at the time it was made;
12 (b) the identity of each such person's employer and
13
whom each such person represented or purported to represent in making such oral communication;
14 (c) the date and place where such oral communication
15
was made;
'
16 (d) what each such person said; and
17 (e) the identity of each document or recording pertaining to such oral communication.
18 10. "Identify" or "identity" in any other context means
19 its general and ordinary meaning, i.e., to state all
characteristics that are helpful in describing the particular
thing, place, feeling, sensation, phenomenon, etc. for which an
identification is sought.
11. Unless otherwise specified, the Relevant Time period
contemplated by each of these interrogatories is the period from
! i 1 ' ;
t ' '
PLAINTIFF'S FIRST INTERROGS, ETC. 5
UJi J 1 j i- <-
1
1940 through the present.
2
12. The tern "asbestos" or "asbestos product", unless
3 otherwise specified, includes any mined, converted, fabricated,
4 processed or rebranded product or compound which has been
5 manufactured, supplied, delivered, distributed, consigned or
e otherwise placed into the stream of commerce and which contains anv
7 asbestos or chrysotile amosite, crocidolite, tremolite,
8 anthophyllite or actinolite, whether in their raw or natural
9 state. The term specifically includes, but is not limited to,
10 friction products containing asbestos, including brake linings,
11 brake facings, molded brake linings, roll brake linings, disc pads,
12
asbestos-containing adhesives or any other friction material 13
containing asbestos. 14
13. THESE INTERROGATORIES ARE DEEMED CONTINUING AND 13
SUPPLEMENTAL ANSWERS SHALL BE REQUIRED PURSUANT TO CR 26(e). 16
SECTION 1.0 17
INTERROGATORIES 18
1.01 Identify each person by name, address and position of 19
each person who prepared answers or was consulted with regard to 20
answering these interrogatories or supplying information used in 21
answering these interrogatories, including experts, and as to each 22
interrogatory, please state either at the conclusion of the answer 23
thereto or at the conclusion of all the answers the name, addresses 24
25 and positions of the persons who answered, supplied the information
26 PLAINTIFF'S FIRST INTERROGS, ETC.
6
05101' k
PRELIMINARY STATEMENT
1. S^jfiTwtllinAn was incorporated in 1971 in the State of Ohio to receive assets purchased froai the Wellman Division of Atoex Corporation. 5 In responding to these discovery requests, S. K. Wellman is relying solely upon information in its own possession. S. K. Wellman interprets the words "you, your" and words of similar intendment to refer only to S. K. Wellman and, for the sake of convenience and expediting dis covery, the Wellman Division of Abex Corporation, to the extent the information is known to personnel of S. K. Wellman. S. K. Wellman undertakes no responsibility to develop information from Abex Corporation, and does not purport to speak for Abex Corporation. To the extent any definition established by plaintiff in the discovery requests is inconsistent with this treatment, S. K. Wellman objects to the definition on the ground that it is overly broad and vague and renders the requests unduly burdensome.
2. S. K. Wellman objects generally to the discovery requests on the ground that they are overly broad in the nature and scope of their inquiry and in the period of time to which the inquiry applies, and are therefore unduly burdensome and oppressive, especially in view of the specific facts now known about this plaintiff's claim. In addition, a portion or all of several of the requests seeks information which is not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence.
051010?'
3. Without waiving any of these objections, S. K. Wellman provides the following responses. If, and to the extent, plaintiff deems that the scope, interpretations or conditions of S. K. Wellman's responses are not fully respon sive to any portion or portions of the discovery requests, S. K. Wellman objects to those portions on the ground that they are so vague and unprecise as to be unintelligible, that they seek information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, and that they are unduly broad, burdensome and oppressive.
4. The following answers and objections are based upon information in the possession of the responding party at the time of the preparation of the answers. Discovery will continue as long as permitted by statute or stipulation of the parties and the investigation of S. K. Wellman's attorneys and agents will continue to and throughout the trial of this action. S. K. Wellman specifically reserves the right at the time of trial to introduce any evidence from any source which may hereafter be discovered and testimony from any witnesses whose identities may hereafter be discovered.
5. Tf any information has unintentionally been omitted from these responses, S. K. Wellman reserves the right to apply for relief so as to permit the insertion of the omitted data from these responses.
6. The above preliminary statements shall apply to each and every response given herein, and shall be incorporated by reference as though fully set forth in each and all of the responses appearing in the following pages.
05 I 0 I 022p
1
and who drafted the answer.
2
ANSWER: j. e. Mencini, Viae President, Administration 3 The S. K. Wellman Corporation
200 Egbert Road 4 Bedford, Chio 44146
S !4r. Ntencini gathered the information and prepared the responses in consultation with
counsel. Principal contributors of information included: 6
R. Frichette, Vice President-Production & CXiality Assurance; 7 Z. Carrigan, Director of Distribution Development and Product Distribution;
S. Cvitkovich, Marketing Assistant; 8 Z. K. Yeager, Environmental Administrator;
F. ttirphy, Administrative Nurse. 9
A11 are employed at S. K. Wellman's Bedford, Chio facility.
10
1.02 State: 11
(a) Your correct corporate name; 12
(b) The state of your incorporation; 13
(c) The date of your incorporation; 14
(d) The address of your principal place of business; 19
(e) Whether or not you were registered to do 16 business in the State of Washington during the
17
Relevant Times, which has been defined as 1940 through the present;
18 (f) Whether or not you had a registered agent for
19
the purpose of accepting process in the State of Washington during any period of the Relevant
20
Times and the name and present address of each such agent;
21 (gd Whether or not you are challenging service of
22
process; (h) Your corporate purposes;
23 (i) Identify the person(s) who incorporated
24 defendant;
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
7
051013227
1
(j) Identify the custodian of the Articles of 2 Incorporation and By-Laws of defendant.
3 ANSWER: (a) The S. K. Wellman Corporation; (b) Ohio;
4 (c) 1971; (d) 200 Egbert Road, Bedford, Ohio;
5 (e) No;
(f) No; 6 (g) No, not on the basis of insufficiency of servioe or lack of
personaljurisdiction;
7 (h) Manufacture, market and distribute products; (i) Objection pursuant to OR 26(b) 1--seeks nformation which is neither
8 relevant nor reasonably calculated to lead to the disc, very of admissible evidenae (hereinafter "irrelevant objection").
9 1.03 State in what form, if any, business was conducted by
10 fou or your corporate predecessor prior to incorporation.
11 ANSWER: 12
See preliminary statement attached to these interrogatories.
13
14
IS
16 I 17 i
IS 1.04 Identify each director of defendant from date of 19 incorporation by name and last known address and dates of service. 20
ANSWER: irrelevant objection. 21
22
i
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
8
'J 31 o i j;
1
1.05 Identify the custodian of the minutes of the meetings 2
of the Board of Directors and Articles of Incorporation of 3
defendant and/or its corporate predecessors. 4
9 hN5WER;
McManamon, 1200 Hanna Bldg., Cleveland, Ohio 44115
6
7
8
9 REQUEST FOR PRODUCTION A: Pursuant to CR 34, attach or
10 produce according to the above instructions a copy of the minutes
11
of the meetings of the Board of Directors referred to in the 12
foregoing interrogatory. 13
14 R---E--S--P--O--N--S--E- * Objection--overly broad, burdensane and seeks information which is for the most part irrelevant and therefore objected to under the irrelevant objection.
19
16 17
18 19 1.06 Identify each director known to you who served as a 20 director, officer, employee or consultant to any other business, 21 corporation or cO-defendant which manufactured, distributed, sold, 22 installed or otherwise dealt with asbestos products.
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
9
05 I 0 I 0 Z Z u
1 ANSWER:
2
3
None known.
4
S
6
7 1.07 As to the foregoing answer, list each such director,
8 together with each such business, including the name and address
9 thereof and the nature of its asbestos-related enterprise.
10
11 See 1.06 above.
12 13 14
15
16 1.08 State where defendant has maintained its principal
17 offices, including its corporate headquarters, since its inception,
18 19 including dates of such locations.
20 ANSWER: 21 22
200 Egbert toad Bedford, Ohio 44146
1374 East 51st Street Cleveland, Ohio 44103 (prior to 1952). .
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 10
051010230
1 1.09 Does defendant maintain an organization table or
2 tables? If you have answered this in the affirmative, identify the
3 custodian of each table*
4 ANSWER:
9
Yes, J. E. Mendni.
6
7
8
9
10 REQUEST FOR PRODUCTION B: Pursuant to CR 34, attach or
11
produce according to the above instructions a copy of each such 12
identified table or organization.
13
RESPONSE: 14
This will be produced when satisfactory arrangements have been made
betv^en counsel to do so.
13
16 17
18 19 1.10 Has defendant or any of its subsidiary companies at 20 any time engaged in the mining, manufacturing, marketing,
assembling, rebranding, distributing or sale of any material or 21 22 product containing asbestos fibers? See instruction 12, page 6, 23 for definition of the terms "asbestos or asbestos product". The 24 scope of this interrogatory includes the manufacture, distribution, 25 assembling, marketing or sale of products into which 26 asbestos-containing products were incorporated.
PLAINTIFF'S FIRST INTERROGS, ETC. - 11
05 I 0 I 0 2 3 *
1 ANSWERS
2
Yes.
3 4
3
6
1.11 If the answer to the preceding interrogatory is in
7 the affirmative, state the following:
8 (a) The names of the companies mining, 9 manufacturing, marketing, distributing,
rebranding, assembling and/or selling each of 10 those products, and specify whether these
companies mined, manufactured, marketed, 11 distributed and/or sold material containing
asbestos fibers;
12 (b) The trade or brand name of each of those
13 products mined, manufactured, marketed, distributed and/or sold;
14 (c) The date each of the named products was placed
13 on the market;
16 (d) The date each of the named products was withdrawn from the market;
17 (e) A description of the physical (chemical)
18 composition of each of the named products, including the type and percentage of asbestos
19 contained in each product and the purpose of each ingredient for each year said product was
20 manufactured, sold, distributed, rebranded and/or sold;
21
(f) A description of the physical appearance of each 22 of the named products, including any identifying
color(s), stamp(s), stripe(s), texture, etc. for 23 each year said product was manufactured, sold,
distributed, rebranded and/or sold; 24
(g) The sources of the asbestos ingredients 25 contained in each product;
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 12
1
(h) Where each asbestos ingredient was obtained;
3
4
5'
I;
6 ii 7 j'
8' I*
9 10
11
12
ANSWER:
(i) Where the asbestos ingredients were delivered;
(j) When the asbestos ingredients were obtained;
(k) A detailed description of the intended uses of each of the asbestos-containing products;
(l) The date you controlled, purchased or acquired any interest in any other corporation which mined, manufactured, marketed, distributed or sold asbestos-containing products;
(m) The manner of acquisition, including percentage of ownership;
(n) The date of the sale of any such interest, or portion of such interest and the purchaser;
(o) The date any such predecessor or subsidiary corporation ceased doing business.
K. Wei Iran - manufacture, market, distribute, sell;
procati f
Mm* MWi ~%
>ee I.11(c) above;
IS . (e) Woven roll lining--composed of _long fiber asbestos spun
.into yarn with friction modifiers of brass, copper or zinc wire; woven
17 on carpet looms to width, thickness and length; treated with oraanic
;resins and heat; ground.
18 i Flexible moded and molded materials including 3/4" truck
19
'block, industrial sets, pads and ,mixed with metal chips of brass,
gears--composed of short fiber asbesto: copper or zinc (continued on attached)
20 l!
1.12 Please identify by location and product produced each
21 jjplant in which the asbestos-containing products listed in the
22 rprevious answer were manufactured and/or assembled, rebranded or
23 ;otherwise produced and for each plant state:
I
24 ! (a) The dates each such plant was in operation;
25 26
'PLAINTIFF'S FIRST INTERROGS, ETC. - 13
051010233
Continuation of Answer to No. 1.11:
hanedatoargndanpicresresusrines;toerxotruugdheddimorenpsaiossnesd; ginrotounda mtooldfi-nished
dimension and drilled for mounting.
nea
"
Paper friction products--composed of cellulose fibers, crysotile asbestos, carbon or graphite and mineral fillers, e.g., sillica and ullite, bonded together by phenolic resins, affixed to both sides of a flat steel ring with a phenolic adhesive under heat and pressure and finished by machining grooves in the friction material.
Investigation continuing as to type of asbestos contained in these products.
(f) See response to No. 1.11(e); can contain part number "SKW" and/or "Velvetouch";
(g) Raybestos Manhattan (Raymark); Abex Corp.; Wheeling Brake Block; Frasle, Virginia Friction, Lydall; Armstrong; QuinnT, Inc.;
(h) See response to No. 1.11(g); (i) S. K. Wellman facilities; (i)___Continuous basis;
>ee preliminary statement;
See preliminary statement; None; None.
PLAINTIFF'S FIRST INTERROGS, ETC. - 13-A
I
ij J '
J L. -
1 (b) The time span during which each named item was
2 produced;
3 (c) The amount of each product, expressed in pounds or tons, which was produced by each plant during
4 the Relevant Times;
3 (d) The person(s) at each such plant in charge of producing each such asbestos product;
6 (e) The person(s) in charge of packaging each
7 asbestos product;
8 (f) The person(s) in charge of labeling each such product.
9
10
... (a) In the U.S. - Cleveland, Ohio up to 1952 - Bedford, Ohio 1952-present
11 - Nashville, Tennessee 1982-present (b) 1963-present--roll lining, fabricated parts
12 1974-present--paper friction materials; (c) Irrelevant objection and probably not able to lead to
13 the development of this data, in any event; (d) Bedford - Robert Martin, Vice President, Manufacturing
14 Nashville - Ed Stanek, Plant Manager; (e) See response to No. 1.12(d);
15 (f) See response to No. 1.12(d).
16
17
18
19 20 1.13 During the Relevant Times, did you maintain or 21 distribute manuals, instructions, dealer handbooks or pricing 22 information pertaining to the sale, use, installation or removal of 23 asbestos or asbestos products?
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
14
0510102'
1
ANSWER: 2
Yes.
3 4
3
6
1.14 If the answer to the preceding interrogatory is in
r
the affirmative, state the present location of records or other 8
such materials and the name and address of the custodian. 9
AX' onEf K;
10
See response to Request for Production C.
11
12
13
14
15
REQUEST FOR PRODUCTION C: Pursuant to CR 34, attach or
ie
17 produce according to the above instructions a copy of each such
18 manual, instruction, dealer handbook or pricing information.
19 RESPONSE; copies attached as part of Request for Production C. There is no single custodian or single point where such materials are
20 located. S. K. Wellman will continue to search its files for such documents. The documents attached are representative of dealer
21 materials. Pricing information documentation is objected to as proprietary and further objected to under the irrelevant objection.
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
15
05 I 0 I 0236
i i i
I
1
i 1.15 During the period of time from 1940 to the present,
2
were any sales materials prepared by defendant or its agents for 3
the purposes of marketing or advertising defendant's asbestos or 4
asbestos-containing products anywhere in the United States? S
6 ANSWER:
7
Yes.
8
9
10 1.16 If your answer to the preceding interrogatory is in
11
the affirmative, state: 12
(a) The name and address of each person or entity 13 who prepared the same;
14 (b) The name, address and job title of each person who presently has possession of same;
13 (c) The date same was prepared;
16 (d) The media used to disseminate the sales
17 _ material. Specify the names of the magazines, trade publications, catalogs, trade shows and/or
18 sales staff involved in the dissemination;
19 (e) State whether any of the materials referred to in your answer to this interrogatory were
20 mailed, circulated, distributed or otherwise made available in the State of Washington during
21 * the Relevant Times.
22
23
24
23 26 PLAINTIFF'S FIRST INTERROGS, ETC.
16
0 5 I 0 I 12 37
O ANSWER: (a) By or un<jer the direction of The S. K. Wellman
its predecessors; 3 (b) See response to Request for Production D;
(c) See response to Request for Production D; 4 (d) Sales, staff, trade shows, mailings;
( (e) Unknown.
5
Corp.
or
6
7!' a I!
9
10 REQUEST FOR PRODUCTION D; Pursuant to CR 34, attach or
H 'produce according to the above instructions a copy of each such ;i
12 "item of sales or marketing information, including but not limited
13 i! to books, movies, sales literature, training and/or marketing aids,
l>
14 ;and an index thereto.
15 RESPONSE; See answer to Request for Production C above, including ! attachments.
16
17
18 19 !
1.17 State whether any of your agents, employees,
20 imanufacturers, representatives or dealers during the Relevant Times
21 |were instructed to advertise, solicit, sell or otherwise encourage
^the purchase of your asbestos products or asbestos-containing
22
I 23 products for use in motor vehicle brake linings, brake pads or
24 [brake facings. 25 ;
26 / PLAINTIFF'S FIRST INTERROGS, ETC. - 17
05 I 0 I 92,a
1
ANSWER:
2
Yes.
3 4
9
6 7
8 1.18 If the answer to the preceding interrogatory is in
9 the affirmative, state the location of said promotional materials
10
and the name and address of the custodian. 11
ANSWER
12
See response to Request for Production C above.
13
14
19
16
17 1.19 Identify the location, existence and present
18 19 custodian of any manuals, specifications or instructional materials 20 pertaining to the use, installation or removal of asbestos or 21 asbestos-containing products which were distributed or made 22 available to purchasers of your products during the Relevant Times.
23
24
29
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 18
051910239
1
ANSWER: 2
See Request for Production C above.
3
4
5
6
7 1.20 If asbestos or asbestos-containing products were eld
8 to or purchased from any of the other defendants in this suit state:
9
(a) The name of each such defendant(s); 10
(b) The date(s) of sale, purchase or rebranding of 11 each said product, including the amount and kind
of materials sold or purchased, specifying trade 12 names for each year of the Relevant Times;
13 (c) The name, address and job classification of the individual currently having possession of such
14 records.
IS
*?:
(a) See response to Interrogatory No. 1.11(g) for vendors; ,
16 no sales to any defendants for automobile applications;
|
(b) Irrelevant objection--burdensome and it is not presently
17 clear whether data is available from which to compile this information.;
Investigation continuing.
!
13 (c) J. E. Mencini is investigating to determine if informa- ;
tion can be collected to respond to Interrogatory 1.20(b).
1
19
20 1.21 State the names and addresses of all distributors, 21 dealers, agents or manufacturers' representatives of any of your 22 asbestos-containing products in the States of Washington, Oregon 23
and California during the period of 1950 through the present, and 24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 19
0510102*0
I II
!!
1 ' ...
for each such person you have identified, state the time periods
2 ' each such person represented you.
3
ANSWER: Objection _ this is privileged, proprietary information. * Counsel in Seattle has in his possession the names and addresses and _ iwill deliver same for an inspection by the court and would agree to a 5 [review of the list by plaintiff's counsel pursuant to an agreement of
iiconfidentiality and nondisclosure to other persons or parties including 8 (defendants in the present litigation without further order of the court _ Western Brake is not a distributor, dealer, agent or manufacturing 7 {representative of S. K. Wellman. S. K. Wellman has no records of
,, isales to the Western Brake Co.
8i i.
9
10 l'
'i
1.21.1
If you are a defendant manufacturer, seller or
11 i!distributor of motor veh.icles., id.entify:
12 ;
(
13 :
l! (a) The name and address of each and every
14 i; manufacturer from whom defendant or any of its i! subsidiary companies obtained brake linings or
13 I
16 I
brake pads or brake facings for installation or use in any motor vehicles manufactured or sold by defendant from 1950 through 1978;
17 ; 18 I,
19 I!
1
20 lj
21 l
22 |
23 ;i-
I1
24
(b) The name and address of the distributor or seller from whom defendant or any of its subsidiary companies obtained brake linings, brake facings or brake pads for use in any motor vehicles manufactured or sold by defendant from 1950 through 1978;
(q) The type, including dimensions, and brand name of each brake lining, brake facing or brake pad defendant or any of its subsidiary companies purchased or obtained for use in any motor vehicles manufactured or sold by defendant from 1950 through 1978, and from whom each such product was purchased or otherwise obtained;
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 20
0510102*1
> I
1
|! 2l
r 3
4
91:
6
7
8
.1
J |i
11 i!
ii
12 r
13 :: ti.
14 !;
15
16
17
18
19
20
21
22
23
24
25
(d) The dates (years) defendant or any of its subsidiary companies purchased or obtained such brake lining(s) or brake pad(s) from each manufacturer, distributor and/or seller, and the amounts expressed in pounds or tons which defendant or any of its subsidiary companies purchased or otherwise obtained;
(e) The type and percentage of asbestos contained in each trade or brand named brake lining or brake pad identified above which you obtained from 1950 through 1978;
(f) The physical characteristics of each kind of brake lining, brake pad or brake facing purchased or used by defendant or defendant's subsidiaries for use in vehicles manufactured or sold by you, including size, dimensions, weight, color, identifying tags, stamps or markings on said brake liners, pads or facings;
(g) The name, last known address and telephone address of defendant's or defendant's subsidiaries' purchasing agent(s) responsible for obtaining brake linings and brake pads for use in any motor vehicles manufactured or sold by you from 1950 through 1978;
(h) During the time period 1950 through 1978, did you maintain records relating to the purchase, sale and/or use of brake linings, brake pads or disc brake pads, including, but not limited to, records which indicate what brake linings were installed or to be installed on particular types or models of defendant's motor vehicles.(i)
(i) Describe all such records referred to in subsection (h) above;
*
(j) Identify (by manufacturer, trade name, number and brand name) what brake linings, brake pads
. or brake facings were installed, assembled, placed in or otherwise used or furnished in each of the motor vehicles you manufactured, sold or distributed for the period 1950 through 1978.
PLAINTIFF'S FIRST INTERROGS, ETC. - 21
\
05 ! 0 I 32*2
1 2
3
4
5 6 7
a
9 10 i li
12 :! 13 i!
I. ! 13 I 16 17 | 18 !
J
20
21
22
23 !
Otherwise stated, identify what brake pads, brake linings or brake facings went into which of your motor vehicles during the period 1950 through 1978;
(k) State when and how you were first made aware of health hazards associated with the use of asbestos;
(l) When did you first become aware that warnings were plaed on asbestos products with respect to the health hazards associated with the use of asbestos;
(m) When did you first learn in any manner or from any source that asbestos or asbestos products are hazardous or dangerous to the health of persons;
(n) From whom did you learn the information referred to in the answer to the preceding interrogatory;
(o) State what documents reflect the information given in answer to the two preceding interrogatories, their date, and the present custodian of said records;
(p) Did you at any time maintain or distribute manuals, instructions or information relating to the sale, use or removal of asbestos or asbestos products, including, but not limited to, the use or removal of asbestos-containing brake linings, brake pads or brake facings;
(q) If the answer to the preceding interrogatory is in the affirmative, state the present location of records or other such materials and thename and address of the custodian of said manuals,
- instructions, directories or information.
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
22
051010243
1 ANSWER:
2
N/A
3
4
5
6
7
8 REQUEST FOR PRODUCTION E: Pursuant `.o CR 34, attach or
9 produce according to the above instructions a copy of all such
10 purchase or sale records, and such information, written directions
11
or instruction manual(s) identified in Interrogatories 1.21(h),(o\ 12
(i), (p) and (q). 13
14 RESPONSE: n/A
15 16 17
18 19 1.22 Have any asbestos products identified in your answers 20 to Interrogatory 1.11 been, or are any of such asbestos products 21 now, distributed*in interstate coamerce? 22 ANSWER: Yes. 23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
23
0510102**
1 1.23 If the answer to the preceding interrogatory is
2 affirmative, state:
3 (a) Into which states of the United States of
4 American such product has been distributed;
3 (b) The quantity distributed into each state of the U. S. for every year of the Relevant Times;
II (c) The name and address of each company or other ' 7/ i,1 business entity, in the states of Washington,
and Oregon to which such product has been 8 distributed and the dates of the distribution-
9 ANSWER: (a) Irrelevant objection--however, S. K. Wellman believes its products were distributed in the state of Washington;
10 (b) Unknown; (c) Release of customer lists is objected to as privileged
11 and proprietary. There is, however, no record of any materials sold to the Western Brake Co. There is a recollection of sales of metallic
12 friction material to Western Brake ending some time in the early 1970s
13
14
15
16 17
18 Ii::
ij
19 !,
20 !Hl|!
21 i>
1.24 During the time period from January 1,
22 i December 31, 1978, have you, directly or indirectly,
1950 through sold.
0J\ I!! distributed, deli.vered, i- nstalled or consi.gned any asbestos !|
24 ! products for use in brake renovation and repair such as brake
25 '
26 I PLAINTIFF'S FIRST INTERROGS, ETC. - 24
0510102*5
1 1.23 If the answer to the preceding interrogatory is
2 affirmative, state:
3 (a) Into which states of the United States of
4 American such product has been distributed;
5 (b) The quantity distributed into each state of the U. S. for every year of the Relevant Times;
6 (c) The name and address of each company sr other
7 business entity, in the states of Washington, and Oregon to which such product has been
8 distributed and the dates of the dist ribution*
9 ANSWER: {a) Irrelevant objection--however, S. K. Wellman believes its products were distributed in the state of Washington;
10 (b) Unknown; (c) Release of customer lists is objected to as privileged
11 and proprietary. There is, however, no record of any materials sold to the Western Brake Co.
12
13
14
IS
16
17
18
19
20
21 1.24 During the time period from January 1, 1950 through 22 December 31, 1973, have you, directly or indirectly, sold, 23 distributed, delivered, installed or consigned any asbestos 24 products for use in brake renovation and repair such as brake 25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
24
05 I 0 I 02*S
1 lining, molded or roll linings, disc brake pads, or adhesives to
2 any of the following facilities including their predecessors or
3 successors:
4
9 (a) Western Brake Industries Company, Seattle,
6 Washington;
7 (b) Western Brake Industries Company, Los Angeles, California;
8 (c) Western Brake Industries Company, San Francisco,
9 California;
10 (d) Stewart-Western, Inc., Seattle, Washington; 11 (e) Stewart-Western, Inc., San Francisco, California;
12 (f) Stewart-Western, Inc., Los Angeles, California.
13 ------------
14
13
16
(a) No; (b) No; (c) No; (d) No; (e) No; (f) No.
17 1.25 If any portion of your answer to the preceding
18 interrogatory was in the affirmative, state:
19 (a) The name of the agency, or facility identified
20
in Interrogatory No. 1.24 to whom you sold, distributed, delivered, installed or consigned
21 ^ asbestos products;
22
(b) Whether sold by you directly or through an agent manufacturers' representative, dealer or
23 subsidiary;
24
(c) The name and address of the agent manufacturers' representative, dealer and/or subsidiary;
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
25
95 I 0 I 92 W
1
(d) Specifically state the amount and kind of all 2 asbestos products sold, distributed, delivered,
installed or consigned to each facility referred 3 to herein, stating in detail for each facility
identified in Interrogatory No. 1.24 for every 4 year during the period 1950 through 1978:
3 6 7 8 9 10 11 12 13 14 13 ANSWER: 16 17
1. The brand or trade name of the asbestos products which were delivered;
2. The date of delivery of the products;
3. the volume of sales for every month during the period 1950 through 1978 for each product and facility expressed in pounds or tons;
4. The dollar value of sales for every month . during the period 1950 through 1978 for
each product and facility;
(e) The ultimate purchaser or user of said products;
(f) State the name and present address of the person or persons responsible for providing the answer to this interrogatory.
For answers to 1.25(a) - (f), see answers to 1.24(a) - (f) .
18
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
26
05 I 0 I 0 2 43
i1
iI 2 II'
i; address, 3
1.26 Identify by and phone number
name, job title, the persons that
current or last known
your records show to be
the purchasing agents for the companies or agencies listed in your 4
i' answer to Interrogatory No. 1.24 for each year during the period 5
January 1, 1950 through December 31, 1978. 6
7 ANSWER: No names recalled.
8 !i
10 11
12
13 1.27 During the period 1950 through the present, did you
14 15 or any of your predecessors or subsidiaries at any time sell brake 16 !linings or brake lining components to companies engaged in the 17 manufacture and/or sale of motor vehicles?
18 ANSWER:
S. K. Wellman does not sell any brake lining or brake lining
components to such companies for use in on-highway motor vehicles
19 !'except that during the referenced period, the S. K. Wellman Corporation
sold sintered metal non-asbestos containing disc brake pads to a racing
20 team representing British Leyland Motors.
21 22 1.28 If the answer to the preceding interrogatory is in 23 the affirmative, identify the name and address of the companies
24 ! engaged in the manufacture and/or sale to whom you sold
25 asbestos-containing brake linings or brake lining components to and
26 , PLAINTIFF'S FIRST INTERROGS. ETC. - 27
0510102*9
1 1.26 Identify by name, job title, current or last known
2
address, and phone number the persons that your records show to be 3
the purchasing agents for the companies or agencies listed in your 4
answer to Interrogatory No. 1.24 for each year during the period 3
January 1, 1950 through December 31, 1978. 6
7 ANSWER: no names recalled.
a
9 10 11
12
13 1.27 During the period 1950 through the present, did you
14 or any of your predecessors or subsidiaries at any time sell brake
15 16 linings or brake lining components to companies engaged in the 17 manufacture and/or sale of motor vehicles?
18 ANSWER: s. K. Wellman does not sell any brake linings or brake lining components to ccnpanies for use on highway motor vehicles.
19
20
21 22 1.28 If the answer to the preceding interrogatory is in 23 the affirmative, identify the name and address of the companies 24 engaged in the manufacture and/or sale to whom you sold 25 asbestos-containing brake linings or brake lining components to and
26 PLAINTIFF'S FIRST INTERROGS, ETC.
27
051010250
1 the dates of such sales, and identify by trade and brand name
2 exactly what product you sold and the quantity of the product you
3 sold to said companies.
4 ANSWER:
5
See answer to 1.27 above.
6
7
8
9
10
11 1.29 Identi fy each medical director of defendant by name,
12 last known address, duration of service, and all previous and
13 subsequent employers of each such medical director.
14 ANSWER: .
15 ------------ None.
16 17
18 19
20
21 22 1.30 Identify by name and address the custodian of the 23 records of the various medical directors.
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 28
05 I 0 I 0 2 51
1 ANSWER:
2
N/A
3
4
3
6
7
8 REQUEST FOR PRODUCTION NO. F: Pursuant to CR 34, attach
9 or produce according to the above instructions a copy of the nost
10 current curriculun vitae for each and every medical director named
11 in answer to the preceding interrogatory.
12 RESPONSE:
13
N/A
14
15
16 17
18 1.31 Have you at any time requested and/or received
19 information from medical officers, hygienists, or other employees
20 of your company pertaining to the possible existence of a
21 relationship between asbestos exposure and disease, or to the risks
22 or hazards to persons involved in the manufacture, installation, or
23
use of products containing asbestos? 24
25
26 PLAINTIFF*S FIRST INTERROGS, ETC.
29
051010252
i
ANSWER:
S. K. Wellman has kept current with regulatory requirements.
; and information of this kind has come into its possession in various
3 1 ways,
4
;l 5 !
6
7
1.32 If your answer to the preceding interrogatory is in *i
the affirmative: 9
I 1;
(a) Identify the person(s) involved; ll i
(b) State the dates relevant to the collection or 12 receipt of such information described above;
I (c) Describe in detail the nature of the study or 13 information;
14 (d) Identify all documents related to the study or information described above;
15
16
(e) Identify the custodian of the documents identified in subpart (d) by name and address.
17 ANSWER: gee response to Interrogatory No. 1.31 and Request for
18 Production G.
19
20
21
22
23 !:
r 24 !
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 30
o 51 o i o n j
1
2 REQUEST FOR PRODUCTION G; Pursuant to CR 34, attach or
3 produce according to the above instructions a copy of all documents
4 identified in >our response to the preceding interrogatory.
3 RESPONSE; s# K< Wellman complies with state and federal standards,
6 which standards are available to the general public, and therefore, production is objected to. The objection is on the grounds that the
7 standards are in the public domain and equally accessible to the plaintiff.
8
9
10
11 1.33 Have you at any time requested, received information
12 from or participated in studies with persons outside your company
13 pertaining to the possible existence of a relationship between
14 asbestos exposure and disease, or to the risks and hazards to
IS persons involved in the manufacture, installation or use of
16 products cont lining asbestos?
17
18
ANSWER; Yes. Information received is in the form of state and federal standards references in answer to interrogatories 1.31, 1.32
19 and Request for Production G above.
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 31
05 I 010254
1 L.34 If your answer to the preceding interrogatory is in
2 the affirmative:
3 (a) Identify the person(s) involved;
4
(b) State the dates relevant to the collection or 3 receipt of such information described above;
6 (c) Describe in detail the nature of the study or
information; 7
'
(d) Identify all documents related to the study or
8 information described above;
9 10 11 ANSWER: 12
(e) Identify the custodian of the documents identified in subpart (d) with names and addresses.
gee answer to 1.33 above.
13
14
13
16 17
18
19
20
21 REQUEST FOR PRODUCTION H: Pursuant to CR 34, attach or
22 produce according to the above instructions a copy of all documents
23 identified in your response to the preceding interrogatory. 24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
32
051010255
1 RESPONSE: gee answer, including objection, to Request for
2 Production G above.
3
4
3
6 1.35 Do you have or have you ever had person(s) in your
7
employ who were charged with responsibility for monitoring the
a
state of domestic knowledge of the safety and health aspects of
9 your industry?
10
11
ANSWER: objection as overly broad. Virtually every employee is responsible for safety and health matters. No single person is charcred
12 with this responsibility.
I
13
14
15
16
17 1.36 If your answer to the preceding interrogatory is in
18 the affirmative:
19 (a) Identify all such person(s) with names and
20 addresses;
21 (b) State the dates of service of each such person(s);
22
23
(c) State the formal title, if any, of the person(s) described above;
24 (d) Identify all documents relevant to the 25 position/person described above.
26 PLAINTIFF'S FIRST INTERROGS, ETC.
33
051010256
1
2 ANSWER: 3
see 1.35 above.
4
S
6
7
8
9 REQUEST FOR PRODUCTION I: Pursuant to CR 34, attach or
10 produce according to the above instructions a copy of all documents
11 identified in subparagraph: (d) above.
12 RESPONSE: objection--ovecly broad and cannot identify documents, if
13 any, which should be produced in response to this Request for Production. J. E. Mencini is aware of state and federal safety and
14 health standards which we assume represent the state of domestic knowledge. The standards are available to the general public and
13 production of same is objected to.
16
17 1.37 Do you have or have you ever had person(s)
ia responsible for monitoring the state of current foreign knowledge
19 of the safety and health aspects of your industry?
20 ANSWER: ,,
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 34
051010257
1 1.38 If your answer to the preceding interrogatory is in
2 the affirmative:
3 (a) Identify all such person(s) with names and
4 addresses;
3 (b) State the dates of service of each such person(s);
6 (c) State the formal title, if any, of the person(s)
7 described above;
8 9 ANSWER:
(d) ^
Identify all documents relevant to the position/person described above.
10
11
12
13
14
13
16 REQUEST FOR PRODUCTION J: Pursuant to CR 34, attach or 17 produce according to the above instructions a copy of all documents 18 identified in subparagraph (d) above. 19 RESPONSE: N/ft 20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
35
051 0 10258
i I'
II 1
j; 1.39 Describe your record retention program from 1935 to 2 ::
the present date and state: 3
(a) Where records are kept? 4
(b) Location and existence of written materials 3 I concerning your program and date of adoption?
6
7
8 !! 9
i; ANSWER: 10
11
12 I
13
(c) Description of the information contained in such records;
(d) The length of time purchase, bid, shipping and/or sale records are maintained by your company.
(a) Principally on Solon, Ohio and Bedford, Ohio; (b) None; (c) Objection--vague, overbroad, burdensome; (d) Generally seven years, although with some variation.
14
13
16
17
16 ! 1.40 Did the defendant at any time assign, license or
19 I otherwise allow any of their asbestos-containing friction products,
20 trademarks or copyrights to be used by any person, firm or
21 corporation?
-
22 ANSWER: Not
united States.
23
24 :l; .1
23 !:
26 . ;PLAINTIFF'S FIRST INTERROGS, ETC. - 36
iiii
05I0IJ/
1 1.41 If your answer to the preceding interrogatory is in
2 the affirmative:
3 (ai) State the name of the product, trademark or
4 copyright so assigned or licensed;
,1 3 (b) The time period of the assignment or license;
1
9ii (c) The nature of the assignment or license (wheth
II exclusive or not); 7;
|i (d)
.
8 ! (you may attach said matenil to these i. interrogatory answers).
9 ANSWER:
N/A
10 !
ii;
i;
12
13
14 !'
13
16 ' 1.42 At the time of such assignment or license, was there
I. 17 ;any agreement between the parties concerning liability in the event
18 of future litigation concerning the product?
i 19 iANSWER:
20 j i
21 ii
N/A
_
!
22 i
23 i
24 l
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 37
I
0 5 i 0 l 0 z 5 'J
1
1.43 If your answer to the preceding interrogatory is in
2
the affirmative, state: 3
(a) The nature and substance of such agreement; 4
(b) The location of said agreement and/or copies* 5
ANSWER: 6
N/A
7
8
9
10 1.44 State the location of your national and Washington,
11
California and Oregon State warehouse, warehouse facilities, or 12
distribution centers for your asbestos-containing products during 13
the Relevant Times. 14
13 A---N--S--W---E--R: 16 17
S_ o.lon, Ohio Portland, Oregon Los Angeles, California San Francisco, California.
18
19
20
21 22 1.45 Specify the corporate relationship between you and 23 local dealers and/or manufacturer's representatives of asbestos 24 products who sold products containing your corporate identification 25 or trademark during each year of the Relevant Times.
26 PLAINTIFF'S FIRST INTERROGS, ETC.
33
05 I 0 ! 025 I
1
ANSWER: Jn the u.S., S. K. Wellman has employed direct sales people. 2 Recently it has also developed a program involving independent
3
distributors. In the past there may also have been manufacturers' representatives used.
4
5
6
7
a
SECTION 2.0 9
10 2.01 Have any of the asbestos-containing products listed
11 in Interrogatory No. 1.11 been altered in chemical composition
12 since first being manufactured, sold or marketed?
13
14 ANSWER: None known for reasons related to health.
IS
16
17
18 19 2.02 If the answer to the preceding interrogatory is in 20 the affirmative, please state: 21 (aj The trade name of each of those products; 22 (b) The date each of the named products was altered; 23 (c) The nature of the alteration; 24 (d) The reason for the alteration.
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
39
0 5 ! 0 ! 0 13 2
i
ANSWER: i health.
Not applicable as there were no known changes related to
5
6
2.03 State the name, address and job title of each person 7
!! who participated in the design and preparation of manufacturing 8
jj specif ications for each product listed in Interrogatory No.
9 ;i
10 j: : Ross Frichette (previously identified) Robert Thomas, Manager-Material Development-Paper
i; 3572 Darrow Road
ii Stow, OH 44224
12
Robert Taylor, Director-Materials Development
r, 13
1441 Century Oaks Dr.
I Elgin, IL 60120
1.11.
14 !l
i
15
16
Bruce A. Washington, Director-Facilities, Safety & Environment 3215 Cannon Drive Twinsburg, OH 44087.
Maintenance,
17
18
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 40
0 5 I GI 3 2 5 ?
1
2.04 Do any documents, including wr itten memoranda, 2
specifications, recommendations, blueprints or other written 3
naterials of any kind or character relating to the design and 4
preparation of the asbestos products listed in Interrogatory No. 5
L.ll now exist? 6
7 aniiK. Yes.
8
9 2.05 If the answer to the preceding interrogatory is in
10 affirmative:
11
(a) List each document; 12
(b) State the name, address and job title of each 13 person who currently has possession of each
document, and where the documents are presently 14 located.
13 ANSWER; (a) irrelevant objection--overly broad, vague, burdensome;
16
(b) J. E. Mencini is designated custodian in Bedford, Ohio; Ed Stanek is designated custodian in Nashville, Tennessee.
17
18
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
41
05 I 0 I 025*
1 REQUEST FOR PRODUCTION K: Pursuant to CR 34, you are
2 hereby requested to produce and/or make available for inspection
3 and copying all such correspondence or other material pertaining to
4 your answer supplied in the previous interrogatory.
9 RESPONSE: Irrelevant objection--overly broad and burdensome and it
6 is further objected on the grounds that it would involve disclosure of privileged, proprietary information.
7
8 2.06 Before releasing the products listed in Interrogatory
9 No. 1.11 to the public, were any tests conducted on them to
10 determine potential health hazards involved in the use of the
11 asbestos materials contained in those products?
12 ANSWER: None.
13
14
15
16
17 18 2.07 If the answer to the preceding interrogatory is in 19 the affirmative, state: 20 (a) The names of the products tested; 21 (M When the products were tested; 22 (c) The name, address, and job title of each person
who conducted those tests; 23
(d) The results of those tests. 24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 42
051010265
1 2 ANSWER. See answer to 2.06 above. 3 4 S 6 7
2.08 Do any documents, including written memoranda, 8 9 specifications, recommendations, blueprints, or other written 10 materials of any kind or character relating to the testing of the 11 products identified or in Interrogatory No. 1.11 now exist? 12 ANSWER: See answer to 2.06 above. 13 14 15 16 17 2.09 If the answer to the preceding interrogatory is in IS the affirmative, state: 19 (a) List each document; 20 (b) State the name, address and job title of each
person who currently has possession of each 21 document, and where it is presently located. 22 ; See answer to 2.06 above. 23 24 25 26
PLAINTIFF'S FIRST INTERROGS, ETC. - 43
U J I J > C > J
1 REQUEST FOR PRODUCTION L; Pursuant to CR 34, you are
2 hereby requested to produce according to the above instructions a
3 copy of all documents identified in your response to the preceding
4 interrogatory.
5
RESPONSE: gee answer to 2.06 above. 6
7
8
9 2.10 Did defendant or any of its subsidiary companies make
10 any design changes as a result of the tests referred to in
11
Interrogatory No. 2.06? 12
13 ANSWER: None. See answer to 2.06 above.
14
13
16 17 2.11 If the answer to the preceding interrogatory is in
13 the affirmative, state:
19 (a) The trade names of the products changed;
20 (b) The nature of the changes made;
21
(qJ The name, address and job title of each person responsible for having made a change.
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 44
0 5 10 10 2 6 ?'
i
i. I1
1;
i ANSWER: 2;------------
N/A
3
4
5
6
2.12 After releasing the products list.sd in Interrogatory 7
No. 1.11 to the public, were any tests conductsi on them or were 8
i' any on-si te inspections conducted to determine potential health 9 ::
i hazards i nvolved in the use and/or removal of the asbestos 10
ii materials contained in those products? 11 i:
| ANSWER: Many tests are performed on the products to see that they 12 perform, which performance can relate to the health of the persons using
|the products. No tests were made as to dusts or quality of the product 13 `during their ordinary life. As stated in answer to 2.06 above, the
iproducts are designed and intended to function in a wet environment.
13
2.13 If the answer to the preceding interrogatory is in 16 !
17 the affirmat iI
18
e. state (a) The names of the products tested;
19 (b) The name, address, and job title of each person who conducted those tests;
20 ii
(c) The results of those tests.
21 ANSWER:
22
N/A
23
24 j
25
26 : 'PLAINTIFF'S FIRST INTERROGS, ETC. - 45
I'
l
05 I G I 3263
j 2.14 Do any documents, including written memoranda,
specifications, recommendations, blueprints or other written
materials of any kind or character relating to the potential health
ihazards of the products listed in Interrogatory No. 1.11 now exist?
ANSWER! 6
7
Yes
8
9' 10 I1
2.15 If the answer to the preceding interrogatory is in
the affirmative, state: 11 ij
(a) Name each product; 12
(b) List each document; 13
(c) State the name, address and job title of each 14 person who currently has possession of each
document and where it is presently located. 15
ANSWER; 16
See response to Request for Production M.
17
18 19
20
21 REQUEST FOR PRODUCTION M: Pursuant to CR 34, attach or
22 23 produce according to the above instructions a copy of each such 24 ii;i document or test.
25 .
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 46
051010269
1
RESPONSE: Existant federal and state standards available to the 2 general public currently prescribe warnings to be placed on these 3 products. Copies of warnings are attached.
4
5
2.16 Did defendant or any of its subsidiary companies make 6
any design changes as a result of those tests? 7
ANSWER: N/A 8
9
10
11
12 2.17 If the answer to the preceding interrogatory is in
13
the affirmative, state: 14
(a) The names of the products changed; 15
16 17 ANSWER:
(b) N/A
The name, address and job title of each person responsible for having made a change.
18
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 47
05(0(0270
1 REQUEST FOR PRODUCTION N: Pursuant to CR 34, you are
2
hereby requested to produce according to the above instructions a 3
copy of all documents pertaining to design changes as identified in 4
your response to the preceding interrogatory. 5
RESPONSE: N/A 6
7
8
9 SECTION 3.0
10
11 3.01 Did you provide instructions and/or warnings
12 concerning the potential health hazards of asbestos exposure to
13 14 plaintiff's employer Stewart-Western, Inc. or Western Brake Ind. 15 Company at any time? 16 A--N--S--W---E--R- * No. S. K. Wellman has no record of any sale of products to
the listed companies. 17
18
19
20 3.02 If the answer to the preceding interrogatory is in
21 the affirmative,- state the following:
22 (a) Whether the employer was expected or requested to transfer the instructions and/or warnings to
23 its employees such as plaintiff;
24 (b) The date(s) you provided instructions and/or warnings to plaintiff's employer;
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
48
1 2 3 4 5 6 7 8 9 ANSWER:
(c) Who prepared the instructions and/or warnings;
(d) To whom the instructions and/or warnings were addressed;
(e) The manner in which the instructions and/or warnings were transmitted to plaintiff's employers (i.e., orally, printed, pamphlets, printed on carton, etc.);
(f) The precise wording used in the instructions and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or warnings.
N/A
10 11
12
13
14
15
16
17
18 3.03 Did you, at any time, provide instructions and/or 19 warnings concerning the potential health hazards of asbes tos 20 exposure to either (a) plaintiff and/or (b) his co-worker s? 21 ANSWER: No. ` 22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
49
U3 t u I ULt '
i
i
1 i- 3.04 If the answer to the preceding interrogatory is in
2 the affirmative, state the following:
3 (a) The date(s) you provided instructions and/or
4 warnings to each plaintiff and/or his co-workers
5 ' (b) Who prepared the instructions and/or warnings;
(c) To whom the instructions and/or warnings were addressed;
8
9
10 i
11
12 (ANSWER:
13--------------
(d) The manner in which the instructions and/or warnings were transmitted to plaintiff and/or his co-workers (i.e., orally, printed, pamphlets, printed on carton, etc.);
(e) The precise wording used in the instructions and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or warnings.
N/A
14 !:
i
13 : I
16 ! i
17 .
18 r:
19
21 22 1 23 I1 24 25 26
:PLAINTIFF'S FIRST INTERROGS, ETC. - 50
1
3.05 Did you provide instructions and/or warnings
2
concerning the potential health hazards of asbestos exposure to any
3
persons at plaintiff's work place during the time period during
4
.which plaintiff was employed at Stewart-Western, Inc. or Western
3,
jBrake Ind. Company, Seattle, Washington?
6S | ANSWER:
^ we have no record of any sales to or other involvement
7 iwith plaintiff's work sites listed.
8'
9
10 3.06 If the answer to the preceding interrogatory is in
11
affirmative, state the following:
'I 13
14 j
13 ; t
16 i
17 i
18 I
19 j1 20 i
,1 21
(a) The date(s) you provided instructions and/or warnings to plaintiff and/or his co-workers;
(b) Who prepared the instructions and/or warnings;
(c) To whom the instructions and/or warnings were addressed;
<d) The manner in which the instructions and/or warnings were transmitted to plaintiff and/or his co-workers (i.e., orally, printed, pamphlets, printed on carton, etc.);
(e) The precise wording used in the instructions and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or
- warnings.
22
23 i.
24 !. i
25 ii
26 : PLAINTIFF'S FIRST INTERROGS, ETC. - 51
ud I o i ozr
I
1 ANSWER:
2
See 3.05 above.
3
4
5
6
7
8
3.07 Did you at any time place any kind of an instruction 9
warning label on any container, shipping tag, invoice or product 10
11 of any kind which purported to warn a user of your product of the
12 danger of using asbestos?
,
13 Yes.
14
15
16
17 3.08 If the answer to the preceding interrogatory is in
18 the affirmative, state:
19 (a) When the warning, notice or instruction first appeared;
20 (b) On what asbestos-containing products did the
21 * caution, warning, notice or instruction appear, and where were such warnings located on each of
22 the products or packages;
23 (c) For each individual product when did the warning first appear;
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
52
051010275
1 2 3 4 S 6 7 8 9 10 11 ANSWER: 12 13 14
(d) The exact wording of each such warning, notice or instruction for each individual asbestos-containing product;
(e) The tine period each such warning was used for each asbestos-containing product;
(f) Who prepared the instructions or warnings.
(g) Has the warning notice, statement or instruction ever been altered, amended ">r changed in any manner; if so:
1. For each product warni g that was altered or amended, indicate how and when it was amended and the reason for such amendment or change, and the identity of the person responsible for such amendment or change.
(a) Approximately 1972; (b) All; on the exterior of the package; (c) Approximately 1972; (d) See response to Request for Production 0; (e) Approximately 1972 to present; (f) S. K. Wellman employees or vendors; (g) See response to Request for Production 0.
15
16
17
18 REQUEST FOR PRODUCTION 0: Pursuant to CR 34, attach or 19 produce according to the above instructions an authenticated copy 20 of each warning label or notice used on any asbestos-containing 21 product sold, manufactured or incorporated in any product 22 manufactured or distributed by you. 23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 53
051010276
1
RESPONSE: see answer to Request for Production M above. 2
3
4
9 3.09 Did you provide respirators to plaintiff, plaintiff's
6 smployers or persons at plaintiff's job sites during the time
7 period pi intiff was employed at Stuart-Western, Inc. or Western
8 3rake Industries, Seattle, Washington?
9 ANSWER: See 3.05 above.
10
11
12
13
14 3.10 If the answer to the preceding interrogatory is in
13 the affirmative, state the following:
16 17 (a) The date(s) respirators were provided;
18 (b) To whom the respirators were provided;
19 ,
(c)` The type of respirators provided;
20 (d) The instructions and/or warnings provided with respirators, if any.
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 54
051010277
1
ANSWER. 2
N/ft
3
4
9
8
7
8
9 3.11 Did you receive any comments or complaints concerning
10
asbestos dust and/or asbestos health hazards from any persons who 11
were co-employees or employed at plaintiff's place of employment 12
during the time period plaintiff was employed at Stuart-Western, 13
Inc. or Western Brake Industries, Seattle, Washington? 14
19 ANSWER:
see answer to 3.05 above.
16 17
18 19 3.12 If the answer to the preceding interrogatory is in
20 the affirmative, state the following:
21
(a> The name and address of the person commenting or complaining;
22 (b) The precise wording of the comment and/or 23 complaint;
24
(c) The date the comment and/or complaint was received by you;
29 (d) What action, if any, was taken in response to
26 the comment and/or complaint. PLAINTIFF'S FIRST INTERROGS, ETC. - 55
051010278
1 ANSWER:
2
See answer to 3.05 above.
3 4
S
6 7
8
l
9
10 3.13 Did you receive notice of any workmen's compensation
11 claims alleging injury as a result of asbestos exposure?
12 13 ANSWER: Yes. See answer to 3.05 above.
14
13
16 17 18 3.14 If the answer to the preceding interrogatory is in 19 the affirmative, state the following for each year from the date of 20 your incorporation: 21 (aj The name and address of each claimant; 22 (b) The date you received notice; 23 (c) The state in which the claim was filed;
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
56
I
851010279
1
2
3 ANSWERS n/a
4
(d> The injury alleged in the claim;
(e) The outcome of the claim (i.e., settled, dismissed, etc.)
9
6
7
8
9
10 3.15 State the total number of product liability, third
11
party cases which have been filed naming you as a party defendant, 12
in which it was alleged in any way that your asbestos-bearing 13
product caused harm. 14
19 ANSWER; irrelevant objection.
16 17
18
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
57
05 I 0 I 0 2 3 p
1 REQUEST FOR ADMISSION A; Over 10,000 cases described in
2 Interrogatory No. 3.17 are pending or have been filed naming you as
3 a defendant.
4
RESPONSE:
..
5 ---------------- Denied.
6
7
8 3.16 When were you first served with a summons and
9 complaint in which it was alleged that asbestos-related damages
10 were sustained by a third party as a result of alleged exposure to
11
an asbstos product manufactured, distributed or incorporated into a 12
product manufactured or distributed by you? 13
ANSWER: 1981. 14
15
16 17
IS
19
20
21
22 3.17 State the court, cause number, attorney
23 24 identification, and ultimate resolution of such lawsuit identified 2S above.
26 PLAINTIFF'S FIRST INTERROGS, ETC.
58
05101028'
1 ANSWERi
2
irrelevant objection.
3
4
5
6 3.18 For each and every year from 1930 to present, state
7
the number of such suits which were served upon you. 8
ANSWER: 9
See reSp0nse to 3.16.
Irrelevant objection.
10 11
12
13
14 3.19 Identify by name and address the person or persons
13 who act as corporate custodian of documents pertaining to the third
16 17 party litigation in which asbestos-related damage is alleged.
18 j. e. Mencini.
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
59
051010282
1 3.20 When was defendant first served with a third party
2 summons and complaint in which it was alleged then or later that a
3 plaintiff or a plaintiff's decedent sustained mesothelioma as a
4 result of exposure to asbestos products manufactured, distributed
9 or incorporated into a product manufactured or distributed by you?
6 7 ANSWER: 1QO,
a
9
10
11
12 13 3.21 State the court, cause number, attorney
14 identification and ultimate resolution of such lawsuit identified
19 above.
16
ANSWER: _ .
....
------------ Irrelevant objection.
17
18
19
20 21 3.22 FoV each and every year from 1930 until the present, 22 state the number of such suits which were served upon you.
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
60
051013233
1 ANSWER:
2 objection. 3
until 1981 and as to the number of suits after 1981, irrelevant
4
3
6
7
8 3.23 When was defendant first served with a summons and
9 complaint in which it was then or later alleged that a plaintiff or
10
plaintiff's decedent sustained lung cancer as a result of exposure 11
to asbestos products manufactured, distributed or incorporated into 12
a product manufactured or distributed by you? 13
ANSWER: jgg response to interrogatory No. 3.16. 14
IS
16 17
13
19 20 3.24 State the court, cause number, attorney 21 identification and ultimate resolution of such lawsuit identified 22 above.
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
61
05101028*
1 ANSWER:
2
Irrelevant objection.
3
4
S
6
7 3.25 For each and every year from 1930 to the present,
8 state the number of such suits which were served upon you.
9
10 ANSWER: Ncne
1981, and the number of suits after 1981, irrelevant objection.
11
12
13
14 3.26 When was defendant first served with a summons and
19 complaint in which it was then or later alleged that a plaintiff or
16 17 plaintiff's decedent sustained asbestosis as a result of exposure 18 to asbestos products manufactured, distributed or incorporated into 19 products manufactured or distributed by you?
20 ANSWER: See response to No. 3.16.
21 * 22 3.27 State in detail the court, cause number, attorney 23 identification and ultimate resolution of such lawsuit identified
24 above.
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 62
05101028'
1 ANSWER:
2
irrelevant objection.
3
4
9
6
7 3.23 For each and every year since 1930 to the present,
8 state the number of such suits which were served upon you.
9 * See answer to 3.16, and to years after 1981, irrelevant objection.
10
11
12
13
14 3.29 Do you retain records of the worker's compensation or
13 third party claims described in the foregoing interrogatories?
16 ANSWER: yes>
17
18
19
20
3.30 Identify with name and address the corporate 21
custodian of records concerning claims of workers. 22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 63
05 I 0 I 0 2 3 5
1 ANSWER:
2
j. e. Mencini.
3
4
9
6 3.31 Identify all documents relating to the information
7
kept on worker's compensation claims. 8
ANSWER:
Materials as provided by State of Chio, Bureau of Workman's
9 Canpensation which generally includes clairrant's report, on Action index as
10
naintained by the State Bureau, any medical reports filed with the State Bureau and any applications for adjustment of the claim which nay be filed by any
11
party to the proceeding. None until 1981, irrelevant objection.
1981 and as to the number of suits after
12
13
14
15 REQUEST FOR PRODUCTION P: Pursuant to CR 34, attach or
16 17 produce according to the above instructions a copy of all documents 18 identified in the preceding interrogatory.
19 RESPONSE: irrelevant objection--everly broad and burdensome.
20
21
22
23
24
23
26 PLAINTIFF'S FIRST INTERROGS ETC
64
0 5 I 0 I 0 2 tf i
1 REQUEST FOR ADMISSION B: You were aware as early as 1900
2 that one or more individuals had filed workmen's compensation
3 claims alleging injury or disease as a result of exposure to
4 asbestos while employed at one or more of your facilities.
9 RESPONSE:
6
Denied.
7
a
9
10 REQUEST FOR ADMISSION C; You were aware as early as 1910
11 that one or more individuals had filed workmen's compensation
12 claims alleging injury or disease as a result of exposure to
13 asbestos while employed at one or more of your facilities.
14 RESPONSE; Denied.
19
16
17
18
REQUEST FOR ADMISSION D: You were aware as early as 1920 19
that one or more individuals had filed workmen's compensation 20
claims alleging .injury or disease as a result of exposure to 21
asbestos while employed at one or more of your facilities. 22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
65
05101023a
^1 RESPONSE:
2
, Denied.
3
4
3; I!
6 REQUEST FOR ADMISSION E; You were aware as early as 1930
7 that one or more individuals had filed workmen's compensation
8 claims alleging injury or disease as a result of exposure to
9 asbestos while employed at one or more of your facilities.
10 RESPONSE: Denied.
11
12
13
14
15 REQUEST FOR ADMISSION F: You were aware as early as 1940
16 that one or more individuals had filed workmen's compensation
17
claims alleging injury or disease as a result of exposure to 18
asbestos while employed at one or more of your facilities. 19
RESPONSE: Denied. 20
21
22
23
24 .
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 66
05101028
1 REQUEST FOR ADMISSION G; You were aware as early as 1950
2 that one or more individuals had filed workmen's compensation
3 claims alleging injury or disease as a result of exposure to
4 asbestos while employed at one or more of your facilities.
5 RESPONSE: Denied.
6
7
8
9
10 REQUEST FOR ADMISSION H: You were aware as early as 1960
11 that one or more individuals had filed workmen's compensation
12 claims alleging injury or disease as a result of exposure to
13 asbestos while employed at one or more of your facilities.
14 I^_^POtISE: Denied.
15
16
17
IS
19 20 REQUEST FOR ADMISSION I: You were aware as early as 1965 21 that one or more, individuals had filed workmen's compensation 22 claims alleging injury or disease as a result of exposure to 23 asbestos while employed at one or more of your facilities.
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 67
0 3 i U I ji j
1
RESPONSE: 2
Denied.
3
4
5
6 REQUEST FOR ADMISSION J: You were aware as early as 1970
7
a that one or more individuals had iled workmen's compensation
claims alleging injury or disease as a result of exposure to 9
asbestos while employed at one or more of your facilities. 10
RESPONSE: 11
12
13
14
13 16 REQUEST FOR ADMISSION K: You were aware as early as 1975 17 that one or more individuals had filed workmen's compensation 18 claims alleging injury or disease as a result of exposure to 19 asbestos while employed at one or more of your facilities.
20 RESPONSE: Denied.
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC
68
0510102
1 REQUEST FOR ADMISSION L: You were aware as early as 1979
2 that one or more individuals had filed workmen's compensation
3 claims alleging injury or disease as a result of exposure to
4 asbestos while employed at one or more of your facilities.
3 RESPONSE: Admitted.
6
7
a
9 REQUEST FOR ADMISSION M: You were aware as early as 1980
10 that one or more individuals had filed workmen's compensation
11
claims alleging injury or disease as a result of exposure to 12
asbestos while employed at one or more of your facilities. 13
RESPONSE: 14
j-ggpongg to Request for Admission L.
15
16
17 REQUEST FOR PRODUCTION Q: Pursuant to CR 34, attach or
IS produce according to the above instructions annual summaries of
19 compensation claims analyzed by nature of claims, lost time,
20 disposition and -the like.
21
22 RESPONSE: irrelevant objection.
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 69
I
I
05 t 0 I 02n"
1 SECTION 4.0
2
3 4.01 Does or did defendant provide pulmonary function
4 tests on its asbestos-exposed workers?
S ANSWER; Ygs
6
7
8
9 4.02 If the answer to the foregoing interrogatory is in
10 the affirmative, state:
11
(a) The nature of such program(s); 12
(b) Whether such program was optional or mandatory; 13 if mandatory, when it became so;
14 (c) The location(s) of such program(s);
15 (d) The date of service of such program(s);
16 (e) If any of the program(s) have undergone modification, the nature and dates of such
17 modification;
18 (f) The custodian (by name, address and position) of records of such pulmonary function test
19 program!s);
20 (g) The highest level of management (by name,
21
* address and position) who participated in the decision to institute such program(s).
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
70
051010293
I ANSWER: (a) Since 1977 S. K. Wellman, pursuant to OSHA regulations, has 2 requested enployees working in areas with possible asbestos exposure to undergo
, annual pulmonary function tests; 3 (b) See answer to interrogatory 4.02(a);
(c) S. K. Wellman's plant dispensary; 4 (d) See answer to 4.02 (a);
,! (e) None; 5 ;! (f) Plant nurse at S. K. Wellman corporation;
|| (g) There are no records that exist as to information requested in 6 this interrogatory.
U 8 ;
if
REQUEST FOR PRODUCTION R; Pursuant to CR 34, attach or
10
jproduce according to the above instructions a copy of the records 11 !;
pertaining in any way to the implementation of the previously 12
identified pulmonary function test programs. 13 1
!! RESPONSE: 14 ,
None available.
15
16 17
18 '1
19 i; 4.03 With reference to the pulmonary function testing :i 20 program described in your answer to Interrogatory No. 4.02, state
21 the frequency (e.g., tests per year or per month) such tests were
22 administered to individual employees (and if frequency varies by
22 i; categories of employee or if testing policy was modified, indicate
24 when and where the modifications occurred and by what categories).
25 26
PLAINTIFF'S FIRST INTERROGS, ETC. - 71
ll
05 I 0 I 3 2 9 *
1 ANSWER:
2
See answer to 4.02 above.
3
4
5
6 4.04 Did you ever institute a program of chest x-reys for
7 asbestos-exposed workers?
8 ANSWER:
9
Yes.
10
11
12 4.05 If the answer to the foregoing interrogatory is in
13 the affirmative, state:
14 (a) The nature of such program(s);
15 (b) Whether such program was optional or mandatory;
16 if mandatory, when it became so;
17 (c) The location(s) of such program(s);
18 (d) The date of service of such program(s);
19 (e) If any of the program(s) have undergone modification, the nature and dates of such
20 modification;
21 (f) The custodian (by name, address and position) of records of such x-ray test program(s);
22
(g) The highest level of management (by name, 23 address and position) who participated in the
decision to institute such program(s). 24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
72
0510102
1 ANSWER: (a) Since 1977, S. K. Wellman, pursuant to QSHA regulations has
2 requested its errployees working in areas with possible asbestos exposure to undergo anterior and posterior chest x-rays;
3 (b) See answer to 4.05(a); (c) X-rays were taken by radiologists in Cleveland, Ohio who were
4 contracted to perform these tests for S. K. Wellman; (d) See answer to 4.05(a) above;
5 (e) None; (f) Plant nurse and cutside doctors;
6 (g) No such records exist as to info requested in this interrogatory'. 4.06 For each and every such program identified in your
7
answer to the preceding interrogatory, describe in detail the 8
method by which the results of such testing was made available to 9
the employees.
10
11 ANSWER,
objection.
12
13
14
IS
16 17 REQUEST FOR PRODUCTION S: Pursuant to CR 34, attach or 18 produce according to the above instructions a copy of the records 19 of the implementation of the afore-identified chest x-ray 20 programs. 21 RESPONSE: Irrelevant objection.
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
73
05 I 0 I O''"
1
: 4.07 Did defendant ever institute a safety program other 2;
than pulmonary function tests and x-ray exams for its 3
I asbestos-exposed workers? 4
.ANSWER; S. K. Wellman has taken air samples in its facilities since the mid-1970s. 3 ; por a time in the 1970s and possibly early 1980s when materials of unknown identity
jj were being subject to certain processes in its laboratory, S. K. Wellman made 6 j respirators available to laboratory errplcyees.
II
7! i
8
10 ,
i
11
4.08 If the answer to the foregoing interrogatories is in 12 :
the affirmative, state: 13
(a) The nature of such program(s); 14
15
(b) Whether such program was optional or mandatory; if mandatory, when it became so;
16 ;
17 18 ri
19 i!
j!
20 'j
21 )'
(c) The location(s) of such program(s);
(d) The date of service of such program(s);
(e) If any of the program(s) have undergone modification, the nature and dates of such modification;
(f) The custodian (by name, address and position) of * records of such x-ray test program(s);
(g) The highest level of management (by name, address and position) who participated in the decision to institute such program(s).
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 74
I!,
05101029?
1 ANSWER: (a) See 4.07 above;
2 (b) See 4.07 above; (c) Location of S. K. Wellman plants and warehouses. See answer to
3 interrogatory 1.08 and 1.12 for location information; (d) See 4.07 above;
4 (e) We try to review and update all programs; (f) J. E. Mencini;
9 (g) J. E. Mencini, Vice President of Administration. See answer to interrogatory 1.01.
6
7 REQUEST FOR PRODUCTION T: Pursuant to CR 34, attach or
8 produce according to the above instructions a copy of the records
9 of the implementation of the afore-identified chest safety program.
10
RESPONSE: xrelevant objection.
11
12
13
14 4.09 Did defendant ever institute a no-smoking program for
15 its asbestos-exposed workers?
16 17 ANSWER: ^
18
19
20
21 4.10 If^the answer to the preceding interrogatory is in 22 the affirmative, state: 23 (a) The nature of such program(s); 24 (b) Whether such program was optional or mandatory;
if mandatory, when it became so; 25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
75
1
2
3 4 3
6
7 8 9 ANSWER:
10 11
(c) The location(s) of such program(s);
(d) The date of service of such program(s);
(e) If any of the program(s) have undergone modification, the nature and dates of such modification;
(f) The custodian (by name, address and position) of records of such x-ray test program(s);
(g) The highest level of management (by name, address and position) who participated in the decision to institute such program(s).
See answer to 4.09 above.
12
13
14
13
16 17
18 4.11 Identify all records which pertain to the
19 implementation of the above-described program(s).
20 ANSWER: 21
see answer to 4.09 above.
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
76
o5 t 0 r0299
I'
1 REQUEST FOR PRODUCTION U; Pursuant to CR 34, attach or
2
produce according to the above instructions a copy of the records 3
of the implementation of the above-identified no-smoking programs. 4 9 RESPONSE; <^ answer to 4.09 above.
6
7
8
9 REQUEST FOR ADMISSION N: Prior to 1900, dust counts, air
10 sampling surveys, or other types of studies or tests were conducted
11
12 at one or more of your facilities where products containing 13 1 asbestos were manufactured to determine the levels of dust or 14 asbestos fiber concentrations in the air. 15 RESPONSE: Denied.
16 17
18 h
19 20 REQUEST FOR ADMISSION 0: Prior to 1910, dust counts, air
|i 21 [.sampling surveys* or other types of studies or tests were conducted
ii
22 i1 at one or more of your facilities where products containing 23 ! asbestos were manufactured to determine the levels of dust or
24 i asbestos fiber concentrations in the air.
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 77
051010300
1 RESPONSE:
2
Denied.
3
4
S REQUEST FOR ADMISSION P: Prior to 1920, dust counts, air
6
sampling surveys, or other types of studies or tests were conducted 7
at one or more of your facilities where products containing
8
asbestos were manufactured to determine the levels of dust or 9
asbestos fiber concentrations in the air. 10
RESPONSE: Denied. 11
12
13
14
IS REQUEST FOR ADMISSION Q: Prior to 1930, dust counts, air
16 17 sampling surveys, or other types of studies or tests were conducted 18 at one or more of your facilities where products containing 19 asbestos were manufactured to determine the levels of dust or 20 asbestos fiber concentrations in the air. 21 RESPONSE: Denied.
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC
78
05 I 0 I 0 3 0 I
1 REQUEST FOR ADMISSION R: Prior to 1940, dust counts, air
2 sampling surveys, or other types of studies or tests were conducted
3 at one or more of your facilities where products containing
4 asbestos were manufactured to determine the levels of dust or
9 asbestos fiber concentrations in the air.
6 RESPONSE: Deled.
7
8 9 10
11
REQUEST FOR ADMISSION S: Prior to 1950, dust counts, air 12
sampling surveys, or other types of studies or tests were conducted 13
at one or more of your facilities where products containing 14
asbestos were manufactured to determine the levels of dust or 13
asbestos fiber concentrations in the air. 16 17 RESPONSE: Denied.
18 19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
79
051010302
1
;j REQUEST FOR ADMISSION T: Prior to 1960, dust counts, air
2 jsampling surveys, or other types of studies or tests were conducted
3
at one or more of your facilities where products containing 4
!asbestos were manufactured to determine the levels of dust or 3
!i asbestos fiber concentrations in the air. 6
RESPONSE: Denied. 7
8
9 !ii! io >i|! li:!
i
t! REQUEST FOR ADMISSION U: Prior to 1970, dust counts, air
12
sampling surveys, or other types of studies or tests were conducted 13 !
i at one or more of your facilities where products containing 14 :*
asbestos were manufactured to determine the levels of dust or 13
asbestos fiber concentrations in the air. 16
17 RESPONSE: Denied.
18 IIII
19 I'
i
20 i|
21 ji
REQUEST- FOR ADMISSION V: Prior to 1979, dust counts, air
22 j sampling surveys, or other types of studies or tests were conducted
I 23 ii at one or more of your facilities where products containing
24 ij asbestos were manufactured to determine the levels of dust or
l* 25 asbestos fiber concentrations in the air.
26 i: PLAINTIFF'S FIRST INTERROGS, ETC. - 80
0 5 10 10 3 0''
RESPONSE: Adnitted.
3
4
5
6
4.12 Was defendant ever involved in a suit or claim by an 7
individual (or a union on behalf of an individual) instituted to 8
gain access to the medical or exposure records of defendant's 9
employees? 10
ANSWER: 11
;i
NO.
12 ;
:i
13
I
14 ;
15 16 4.13 If the answer to the foregoing interrogatory is in
17 the affirmative, state:
18 (a) When such a suit occurred;
19 20 >i
(b) The attorneys involved in representing each party, together with the cause number and court where filed;
21 (o) The individual and/or union involved;
22 (d) The nature of the medical records in question;
23 (e) Identify the custodian (by name, address and position) of records relating to the above
24 subject.
25
26 PLAINTIFF'S FIRST INTERROGS, ETC
81
05 I 0 I 0 3 0 *
ANSWER: See answer to 4.12 above.
2
3
4
5
i! i;i
7"
8
9 REQUEST FOR PRODUCTION V; Pursuant to CR 34, attach or
10 produce according to the above instructions a copy of all records
11
relating to the above subject. 12
RESPONSE: See answer to 4.12 above. 13
14
15
16 17 IS 4.14 Does defendant now, or have you in the past, ever
:contributed money or other support toward the research of the
20
biological
'!
effects
of
asbestos?
21 ANSWER:
No.
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 82
051010305
1 4.15 If the answer to the preceding interrogatory is in
2 the affirmative, state:
3 (a) the date(s) of such contribution;
4 (b) The substance, either monetary amount or other,
5 of such contribution;
6 (c) The type of project or projects contributed to;
7 (d) The recipient of such contribution by name; address and affiliation for study;
8 (e) Identify by name, address and title the person
9 or persons in highest responsibility post for such a decision to contribute toward such
10 research;
11 (f) Identify all documents which pertain to the decision to contribute to such research;
12 (g) Identify the name and address of the custodian
13 of all documents relating to such research.
14 ANSWER: See answer to 4.14 above.
15
16 17
18
19
20
21 REQUEST FOR PRODUCTION W: Pursuant to CR 34, attach or 22 produce according to the above instructions all documents relating 23 to the research identified in response to Interrogatory No. 4.14. 24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
83
05 I 0 I G305
RESPONSE: See answer to 4.14 above. 2
3
4
5;
i; 6!
1 REQUEST FOR ADMISSION X: You conducted or caused to be
7
i!i i.
conducted
no
tests
before
1900
on
your
products
containing
asbestos
8
to determine whether asbestos or asbestos particles might be
harmful to human beings if inhaled.
10
11 RESPONSE: Admitted.
12
13
14
13 ! REQUEST FOR ADMISSION Y: You conducted or caused to be
16
conducted no tests before 1910 on your products containing asbestos 17
to determine whether asbestos or asbestos particles might be 18
i harmful to human beings if inhaled. 19 1
Espouse20 ;
il 21 ,
22 ;
23 `
24
25
26 PLAINTIFF'S FIRST INTERR0GS, ETC. - 84
05101030?
I!'
1
, REQUEST FOR ADMISSION Z: You conducted or caused to be
2 conducted no tests before 1920 on your products containing asbestos
3 .to determine whether asbestos or asbestos particles might be
4 ^harmful to human beings if inhaled,
5 j! RESPONSE: Admitted.
6
7
8
9
10
REQUEST FOR ADMISSION AA: You conducted or caused to be
11
conducted no tests before 1930 on your products containing asbestos
12
i; to determine whether asbestos or asbestos particles might be 13
! harmful to human beings if inhaled. 14
RESPONSE: Admitted. 15
16 17
18
19 ! I|*:
20 0
REQUEST FOR ADMISSION BB: You conducted or caused to be
!'conducted no tests before 1940 on your products containing asbestos
!i __ :! to determine whether asbestos or asbestos particles night be
!: 22 I harmful to human beings if inhaled.
24 j'
_
25
26 1 PLAINTIFF'S FIRST INTERROGS, ETC. - 85
051010308
RESPONSE: Admitted. 2
3
4
5
6 REQUEST FOR ADMISSION CC: You conducted or caused to be
7 conducted no tests before 1950 on your products containing asbestos
8j to dete mine whether asbestos or asbestos particles might be
harmful to human beings if inhaled.
10
RESPONSE:
11 ii
i! 12 :
Admitted.
i! 13 '
14 j!
15 REQUEST FOR ADMISSION DP: You conducted or caused to be
16 conducted no tests before 1960 on your products containing asbestos
17
to determine whether asbestos or asbestos particles might be 18
!harmful to human beings if inhaled. 19 !I
RESPONSE: Adnitted.
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 86
051010309
1 REQUEST FOR ADMISSION EE: You conducted or caused to be
2 conducted no tests before 1970 on your products containing asbestos
3 to determine whether asbestos or asbestos particles might be
4 harmful to human beings if inhaled.
9 : RESPONSE i admitted.
6
7
8
9
10
4.16 State in detail when you first became aware of the
11
existence of articles on the subject of the relationship between
12
asbestos exposure and 13
(a) asbestosis; 14
(b) lung cancer; 19 16 (c) mesothelioma; 17 (d) forms of cancer other than lung cancer.
3.8 : ANSWER: s. k. Wellman is aware of such articles, but cannot identify when | knowledge of such articles first cane to the attention of its employees.
19 i. l;
20 1
i;
22
23
4.17 For each disease mentioned in subparts a through d of
24 I the preceding interrogatory, state in what manner you gained
25 awareness of each.
26 : PLAINTIFF'S FIRST INTERROGS, ETC. - 87
851010310
1 ANSWER:
General medical literature and government publications. Such articles
2 were available to the general public and obtained by S. K. Wellman in that manner
or forwarded to us by various state and federal agencies.
3
4
5
6
7 4.18 Identify all documents which pertain in any way to
8 your answer to the preceding interrogatory.
9
ANSWER:
See answer to 4.16 and 4.17 above. All such documents are available
10 to the general public, including state and federal regulations and publications.
11
12
13
14
IS REQUEST FOR PRODUCTION X; Pursuant to CR 34, attach or
16 produce according to the above instructions a copy of all documents
17
identified in response to the preceding interrogatory. 18
19 RESPONSE: See answer to 4.18 above.
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
88
05 I 0 I 03II
1
REQUEST FOR ADMISSION FF; You were aware as early as 1900
2
of research, studies and/or articles indicating a causal connection
3
between asbestos exposure and
4
(a) asbestosis;
9
1 (b) lung cancer; 6,
I (c) mesothelioma; 7|
a I
;RESPONSE:
(d) forms of cancer other than lung cancer. Denied.
9-----------------
10 :i
'I
11 i
t
12 REQUEST FOR ADMISSION GG: You were aware as early as 1910
13 of research, studies and/or articles indicating a causal connection
14 between asbestos exposure and
19 (a) asbestosis;
16 17 (b) lung cancer;
18 (c) mesothelioma;
19 (d) forms of cancer other than lung cancer.
20 iRESPONSE: Denied.
21
22
23
24
1 29
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 89
I
05 I 0 I 03 I 2
i iii
1 REQUEST FOR ADMISSION HH: You were aware as early as 1920
2 of research, studies and/or articles indicating a causal connection
3 between asbestos exposure and
4
i (a) asbestosis; 5
(b) lung cancer;
6
7i
8' 1 RESPONSE:
(c) mesothelioma; (d) forms of cancer Denied.
10 11
12 REQUEST FOR ADMISSION II: You were aware as early as 1930
13
of research, studies and/or articles indicating a causal connection 14
between asbestos exposure and 15
(a) asbestosis; 16
17 (b) lung cancer;
18 I.
19 I.
!! RESPONSE:
20 1
2i!!
(c) mesothelioma; (d) forms of cancer other than lung cancer. Denied.
!l it 22 ,!
23 :
24
25
26 ; PLAINTIFF'S FIRST INTERROGS, ETC. - 90
I'
05 I 0 I 03 I 3
1 REQUEST FOR ADMISSION JJ: You were aware as early as 1940
2 of research, studies and/or articles indicating a causal connection
3 between asbestos exposure and
4 (a) asbestosis;
5 (b) lung cancer;
6 (c) mesothelioma;
7 (d) forms of cancer other than lung cancer.
8 RESPONSE:
Denied.
9
10
11
12
REQUEST FOR ADMISSION KK; You were aware as early as 1950
13 of research, studies and/or articles indicating a causal connection
14 between asbestos exposure and
15 (a) asbestosis;
16
(b) lung cancer; 17
(c) mesothelioma; 18
(d) forms of cancer other than lung cancer. 19
RESPONSE:
20
Denied.
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
91
0 5 I 0 I 0 3 I '
1
REQUEST FOR ADMISSION LL: You were aware as early as i960
2
of research, studies and/or articles indicating a causal connection 3
between asbestos exposure and 4
(a) asbestosis; 5
(b) lung cancer;
6
(c) mesothelioma; 7
'
(d) forms of cancer other than lung cancer.
8
.'RESPONSE:
Denied.
10 11
12
REQUEST FOR ADMISSION MM: You were aware as early as 1970 13
of research, studies and/or articles indicating a causal connection 14
between asbestos exposure and 15
(a) asbestosis; 16 17 (b) lung cancer;
18 (c) mesothelioma;
! 19
(d) forms of cancer other than lung cancer.
f 20 ' RESPONSE:
Admitted as to (a) and (c). We are unclear as to what you are
i: referencing in (b) and (d) and therefore deny the same. 21 !;
I'
22 ;
23 !
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 92
05 I 0 I 03 I 5
i
1 REQUEST FOR ADMISSION NN: You were aware as early as 1975
2
of research, studies and/or articles indicating a causal connection Z
between asbestos exposure and 4
(a) asbestosis; 5
(b) lung cancer; 6:
1! (c) mesothelioma; 7r
ii.l (d) forms of cancer other than lung cancer.
RESPONSE Admitted as to (a) and (c). We are unclear as to what you are referencing in (b) and (d) and therefore deny the same.
10
11
12
4.19 Have you ever lobbied for or participated in the 13
lobbying for, or in the creation of, governmental/legislative 14
remedies for abestos-related lung diseases? 15
ANSWER: 16
No.
17
18 :
19
i20
i1 4.20 If .your answer to the preceding interrogatory is in
i 22 :the affirmative, state in detail:
23 (a) The form such lobbying took;
24 (b) All person(s) acting on behalf of defendant;
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 93
!
05 I 01 03 I 5
1
2
3 ANSWER:
4
(c) The amount of monies spent on the above lobbying (d) The intended and actual results of such lobbying See 4.19 above.
9
6
7
8
9 4.21 Were you involved in any stage of the preparation of
10
the bill H.R. 2740 introduced by Millicent Fenwick, Republican-New
11
Jersey, in the House of Representatives?
12
ANSWER: No. 13
14
19
16
17 4.22 If your answer to the preceding interrogatory is in
18 the affirmative, identify:
19 (a) the manner in which defendant was involved;
20
(b) The person(s) so involved;
21
(c) The time spent in contribution to the creation 22 of the Fenwick bill;
23 (d) All documents generated by your involvement in the preparation of H.R. 2740.
24
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
94
05 I 01 03 I 7
ANSWER:
2
See 4.21 above.
3
4
5
6
7
8
REQUEST FOR PRODUCTION Y: Pursuant :o CR 34, attach or 9
produce according to the above instructions a copy of all documents
10
^identified in subpart (d) of your answer to the preceding
11 i
interrogatory.
12 1
RESPONSE: 13
i 14 >
See 4.21 above.
13
16 17 4.23 Was defendant involved in any aspect or stage of
18 preparation of the Senate bill, S. 2847, introduced by Senator
19 Hart, Democrat-Colorado, to the Senate of the United States?
20 I ANSWER:
i! 21 i'
I
22 ;;
il
23 !
\'
^
24 :
25
26 ' PLAINTIFF'S FIRST INTERROGS, ETC. - 95
051010313
i i
1 4.24 If your answer to the preceding interrogatory is in
2
the affirmative, identify and describe in detail:
3 (a) The manner in which defendant was involved ?
4 (b) The person(s) so involved;
3 (c) The time spent in contribution to the creationof the Hart bill.
7 ANSWER: !;ii
8
'I
9
See 4.23 above.
10
11
12
13 4.25 With respect to liability insurance, identify each
14 (and every insurance policy actually, potentially or arguably
15
j' I effective
for
each
year
after
the
founding
of
defendant.
i
16 ANSWER:
1975 through the most recent period relevant to this action,
17 ; S. K. Vk liman's primary insurance coverage was with Fireman's Fund Insurance i Ccnpany with annual policy limits of $300,000.00 (1975) and $500,000.00 (1976
18 i' forward). Excess coverage has been, at various times, with Fireman's Fund lj Insurance Company and other carriers.
19
20
21
23 24 25 26
PLAINTIFF'S FIRST INTERROGS, ETC. - 96
05 I 0 I 031 9
I
V
1
4.26 For each insurance policy identified in your answer
2
:to the above interrogatory, state: 3
(a) The name of the insurance company; 4
i (b) The policy number of each;
3
Ii,: (c) The name and address of the agent who sold the
6 , insurance policy;
.
7 I; !:
8
9
10
11
12
13
14
.1
13
t
16 : l
17
18 1 i:
19
20
> ii
;l
22 i1
23 ;
24
25
(d) The dollar limits of coverage and scope of coverage for liability of each such insurance policy and the deductibles of each *uch insurance policy;
(e) Effective date and expiration date of each such insurance policy;
(f) The name insured;
(g) The name, address and title of the employee of the insurance company and/or agent who has supervisory responsibility for plaintiff's claims in this litigation;
(h) Dollar limits of coverage for any medical payment personal injury protecting benefits which are the same as available to the plaintiff and under what condition;
(i) The name of the attorney defending this litigation who represents each such carrier, identifying each;
(j) Subsequent to the issuance of each policy or policies identified in the preceding interrogatory, was the original policy amended,
- changed or otherwise modified;
(k) If so, for each modification, for each such policy, identify:
1. The substance of the modification;
2. The date it became effective.
26
PLAINTIFF'S FIRST INTERROGS, ETC. - 97
051010320
1
ANSWER; j^oept as set forth in response to No. 4.25, irrelevant abjection-2 burdensene. 3
4
3
6
7
8
9
10
4.27 Has a claim or suit involving policy limits, reserved
11
rights or disputed coverage been initiated against any of the
12
insurance companies identified in your answer to the preceding 13
interrogatory? 14
ANSWER: N* IS
16
17
18 19 4.28 If your answer to the preceding interrogatory is in 20 the affirmative, state:
(al The insurance company(ies) against whom the 21 claim or lawsuit has been initiated; 22 (b) The date upon which it was initiated; 23
24
25 26
PLAINTIFF'S FIRST INTERROGS, ETC.
98
05 IQ I 0321
2 I*
3
4
5 6 ANSWER:
7
(c) The contentions therein;
(d) The claim number, cause number, court, parties to the litigation, attorneys representing the parties in the litigation, and any other identifying information, including but not limited to the disposition of such litigation, claim or contention.
See 4.27 above.
8
fl 9:
10 !;;
11 ;
'
J
13 ',ij
REQUEST FOR PRODUCTION Z: Pursuant to CR 34, attach or ^tmmm
!I '
14 | produce according to the above instructions a copy of all documents
15 ;which pertain in any way to your answers to the preceding insurance
16 interrogatories.
17 RESPONSE: See 4.27 above. 18
19
20
21 4.29 Identify any other disputed matters with respect to
22 jj any other insurance policies, includi.ng bu.t not.limited to:
23 24 !i
(a) The name of the insurance company; (b) The policy number;
25
26 PLAINTIFF'S FIRST INTERROGS, ETC. - 99
051010322
l
I
1
I 2
3
4
9 i:
8 li!t answer
7i
8: !!
9 I!
10
(c) The contentions of the respective parties;
(d) The identity of the attorneys with relation to each contention;
(e) The dates of each such content ion, when initiated, and if relevant, when resolved;
(f) The substance of the resolution.
Irrelevant objection--vague, overly broad and burdensare.
11
12 `
13
14
15 i
16 1
i
17 . I
18 19 \
|li 20 '!I
II 21 :
ii
22 il' I
23 I
n
24 :
25
26 PLAINTIFF'S FIRST INTERROGS, ETC.
100
051010323
Questions 4.30 to 4.37 have been omitted.
v
PLAINTIFF'S FIRST INTERROGS, ETC. - 100A
051010324
1
ANSWER:
2
N/A
3
4
3
6
4.38 Do you have or have you had liability coverage other 7
than that previously identified, such as umbrella or excess
8
liability policies or secondary policies or self-insurance reserve 9
pools?
10
ANSWER:
11
See answer to interrogatory No. 4.25 above.
12
13
14
15
16
17 18 4.39 If your answer to the preceding interrogatory is in 19 the affirmative, state for each: 20 (a) The name of the insurance company;
21 (bj The policy number and other identification;
22 (c) The name, address, telephone number, job title, or capacity of the agent who sold the insurance;
23 (d) The dollar limits of coverage and scope of coverage for liability;
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC.
101
0 5! 01 0 3 2 c
1
(e) Effective date and expiration;
2
(f) Dollar limits of coverage and scope of coverage 3 for any medical or personal injury protection or
benefits, and whether same is available to 4 plaintiffs and under what conditions;
5 (g) The name, address, and title of the employee who has supervisory responsibility for the
6 disposition of plaintiff's claims.
7 See answer to 4.25 above.
8
9
10
11
12
13
14 REQUEST FOR PRODUCTION AA; Pursuant to CR 34, attach or
15 produce, according to the above instructions, a copy of all
16 documents which pertain in any way to your answer to the foregoing
17 interrogatory.
18 RESPONSE: 19
N/A
20
21
22 4.40 Identify all trade publications that have been 23 subscribed to by your employers or agents, including all such 24 publications for which you have paid employee subscription. 25
26 PLAINTIFF'S FIRST INTERROGS., ETC.
102
1
ANSWER: Presently, Mencini believes the list of publications would 2 include those shown on Exhibits 4.40 and 4.41 attached.
3
4
S
6
7
4.41 Identify all manufacturers* and/or chemists'
8
association publications your company has subscribed to or received
9
from 1920 to the present.
10
ANSWER: Prior to 1971 none, and for any publications after 1981, J. E. 11 Mencini is attempting to collect this information and we will supplement
this information as soon as it is received. For information available
12 to date, please refer to Exhibits 4.40 and 4.41 attached.
.
13
14
13
16 17 4.42 Identify all medical journals or other such
publications that your company has subscribed to or received from 18 19 1920 to the present.ANSWER:
20 See answer to 4.41 above.
21
22
23
24
25 26
PLAINTIFF'S FIRST INTERROGS., ETC.
103
0ji0IQ327
EXHIBITS
4
4.40 4.41
The following listing indicates typical publications which have been received by the company. This is not and does not purport to be, an exhaustive list.
Finance:
Wall Street Journal Dun's Review Forbes
Manufacturing:
Iron Age Industry Week Production Robotics
Research and De velopment:
Metal's Review Automotive Engineering Chilton's Automotive News Chemical Week Plastics
Quality Assurance:
Quality
Engineering:
Machine Design Design News
Sales:
Commercial Car Journal Brake and Front End Heavy Equipment Maintenance Warehouse Distributing Materials Handling
General:
Business Week National Defense
Pub!ications from the following organizations are known to have been received at the S. K. Wellman Corp. at various times during the period in question. This is not, and does not purport to be, a complete listing:
American Chemical Society Plastics Society Society of Automotive Engineers American .Society of Quality Control American Society for Metals National Defense Preparedness Association American Management Association Friction Material Standards Institute American Powder Metal Institute American Society for Testing Materials
EXHIBITS 4.40 & 4.41
051019328
I
1
ANSWER: J. E. Mencini is currently attempting to collect this information 2 and we will supplement this information as soon as it is received.
3
4
5
6
7
4.41 Identify all manufacturers' and/or chemists'
8
association publications your company has subscribed to or received 9
from 1920 to the present.
10
ANSWER:
. Prior to 1971 none, and for any publications after 1981, J. E.
11 Mencini is attempting to collect this information and we will supplement this
information as soon as it is received.
12
13
14
15
16 17 4.42 Identify all medical journals or other such IS publications that your company has subscribed to or received from 19 1920 to the present.ANSWER:
20 See answer to 4.41 above
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 103
05101032?
1
4.43 Identify all organizations connected with the
2
asbestos products industry which your company has belonged to, 3
participated in and/or financially supported from 1920 to the 4
present. 5
ANSWER Nor*, s. K. Wellman is a member of the Friction Materials Standards
6 <i institute and has been since approximately 1971 to the present.
.
7
8
!| 10 :
'i 11 :I 4.44 Did your company or any of your employees, agents,
12
personnel, directors, or officers ever belong to, participate in, 13
or financially support the Asbestos Textile Institute? 14 15 ANSWER: jgo.
16 17
18
19
23
21 4.45 If*the answer to the preceding interrogatory is in
22 the i:
23 :
24 |: i
25
affirmative, state:
(a) The date(s) of such membership, or financial support;
participation,
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 104
051010330
1
(b) The nature of your company's relationship with 2 the Asbestos Textile Institute; 3 (c) The nane(s), address(es), and nature of duties
of the person(s) in your company with any 4 responsibilities regarding the Asbestos Textile
Institute; 3
(d) In what committee(s) of the Asbestos Textile 6 Institute your company or persons in your
company participate; 7
(e) Whether any documents pertaining to such 8 membership, participation, or financial support
exist, and, if so, identify the custodian of 9 such documents. 10 : See 4.44 above.
11 12
13 14 15 16 17 IS 19
20
21 4.46 St*ate whether any safety precautions are or were 22 needed by workers handling any asbestos product. 23 24 25 26
PLAINTIFF'S FIRST INTERROGS.. ETC. - 105
I 0510103?
1r 2 'A--N---S--W--E--R- ** Because of tte form of question we are at a loss as to how to answer,
therefore unknon. 3
4
6
r
4.47 If safety precautions are or were needed, as to each
8
asbestos product, state the following:
t,
10 " '!
f
12 :i
13 'i
14 M!'< 13 ;
16 :
17
l
13 ' ANSWER:
19 I;
(a) What safety precautions are or were needed;
(b) Why these precautions are or were needed;
(c) What safety precautions are or were recommended to workers or others by you;
(d) State the date(s) such recommendations were made
(e) State the manner in which such recommendations were made, whether oral or written;
(f) Identify the person(s) in your company making such recommendations;
(g) If in writing, identify the custodian or possessor of such recommendations.
See answer to 4.46 above.
20
21 22
231: 24 25 26
' PLAINTIFF'S FIRST INTERROGS., ETC. - 106
Iiii
05131-332
I:
1
i
2 I' 4.48 Identify all persons in your company who are
3 delegated to attend asbestos or asbestos product safety hearings or
4 meetings, or be familiar with asbestos or asbestos product safety.
3 li
ANSWER: J. E. Mencini and C. K. Yeager.
6
7
8
9
10 11
12
4.49 Has any buyer or user of any asbestos product 13
manufactured or distributed by you ever been given instructions by 14
anyone to discontinue using such asbestos product? 15
ANSWER: 16
Unknown.
17
18 19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 107
i;
051010333
1' 4.50 If the answer to the preceding interrogatory is in
2
the affirmative:-
3 (a) Identify the date of such instructions;
4 (b) Identify the buyer or user;
5i'
ii
6
(c) State the reason(s) for such instructions being given;
7 (d) Identify the person(s) g ving such instructions to the buyer or user;
8
(e) If written, identify the custodian of such
ii
instructions.
10 ANSWER:
11
12 ' ;l
13 I
14
See 4.49 above.
15
16 4.51 Have you ever engaged in any joint venture or
17 cooperative arrangement with any company, ccrporation, or other
18 !business entity concerning the manufacture or distribution of I:
19 .asbestos or any asbestos product, including, but not limited to,
20 any technical assistance arrangement, any research regarding
.. II
.
21 Ijasbestos or asbestos products or any marketing arrangement?
22
I 23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 108
i
3*
1
2 \NSWtR: NO.
3
4
9
6
7
4.52 I your answer to the preceding interrogatory is in
8
affirmative, state: 9
(a) The date(s) of any such joint venture or 10 cooperative arrangement;
11 (b) With what business entity you engaged in any 12 such joint venture or cooperative arrangement;
13
(c) Describe in detail the nature of any such joint venture or cooperative arrangement;
14 (d) Whether any documents exist regarding any such
19 joint venture or cooperative arrangement, and, if so, state:
16 1. The date(s) of any such documents;
17 2. The custodian or possessor of any such
18 documents.
19 ANSWER: See 4.51 above.
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC.
109
05
n
j
3333
1
4.53 When did you first learn in any manner or from any
2
source that asbestos or asbestos products are hazardous or 3
dangerous to the health of persons? 4
ANSWER: 9
response to interrogatory Nos. 4.16 and 4.17.
6
7
8
9 4.54 From whom did you learn the information referred to
10
in the answer to the preceding interrogatory?
11
ANSWER:
12
respcnse to interrogatory No. 4.17. '
13
14
13
16
17
18 19 4.55 State what documents reflect the information given in 20 answer to the two preceding interrogatories, their date, and the 21 present custodian of said records.
22
23
24
25 26
PLAINTIFF'S FIRST INTERROGS., ETC.
110
051010336
1
2 ANSWER:
see response to interrogatory 4.18.
3
4
5
6
7
SECTION 5.0
8
9
5.01 Do you contend that any other party defendants in
|
10 this litigation caused or contributed to the damage or damages
11 sustained by plaintiff or plaintiff's decedent?ANSWER:
From discovery and proof to date, it is clear that S. K. Wellman did rot 12 contribute to plaintiff's damage or damages, if any. S. K. Welinen's further 13 contentions in this regard are set forth in the S. K. Wellman's Answer on file herein
14
15 16 17 5.02 If your answer to the preceding interrogatory is in
16 the affirmative:
19 (a)- Identify each such party;
20 (b) State the manner and means of such contribution;
21 (cV Indicate the quantification thereof in percentage terms;
22
(d) Identify each document which supports such a 23 contention, including the custodian thereof;
24 (e) Identify each person(s) who has/have knowledge concerning such contribution by name, address,
25 phone number, and relationship to defendant.
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 111
051010337
I
2 ANSWER; investigation continuing. Based on current status of medical discovery, . it does not appear that plaintiff has any injury. Those medical records are in
the possession of plaintiff as well as defendants.
8 REQUEST FOR PRODUCTION NO. AA: Pursuant to CR 34, attach
9 or produce, according to the above instructions, a copy of all 10 documents identified in your answer to the foregoing interrogatory.
RESPONSE:
12
see response to No. 5.01 and 5.02 above.
13
14
15
16 5.03 Do you contend that any person, business, or entity
17 not a party to this litigation contributed to the damage or damages
IS j
l: to plaintiff?
19 i:
1 ANSWER:
See answer to interrogatories 5.01 and 5.02 above.
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 112
05 ! G I UdJd
1
5.04 If your answer to the preceding interrogatory is in
2
the affirmative: 3
(a) Identify each such party; 4
(b) State the manner and means of such contribution; 5
(c) Indicate the quantification thereof in 6 percentage terms;
7
8
9
10
ANSWER:
11
(d) Identify each document which supports such a contention, including the custodian thereof;
(e) Identify each person(s) who has/have knowledge concerning such contribution by name, address, phone number, and relationship to defendant.
See 5.01 and 5.02 above.
12
13
14
13 16 17 18 REQUEST FOR PRODUCTION NO. CC: Pursuant to CR 34, attach 19 or produce, according to the above instructions, a copy of all 20 documents identified in the preceding interrogatory. 21 RESPONSE: See 5.01 and 5.02 above.
22
22
24 5.05 Do you contend that the plaintiff contributed to his
25 own harm?
26 PLAINTIFF'S FIRST INTERROGS., ETC
113
I
0 5 ! 3 i 'J J J3
1
ANSWER:
2
yes, if any.
3
4
S
6
7
5.06 If your answer to the preceding interrogatory is in
8
the affirmative: 9
(a) Specifically indicate the nature of the conduct;
10
. (b) Identify each document which in any way bears 11 upon this issue;
12 (c) Identify any eye-witness or other person who has
information of any kind concerning such 13 contention.
14 ANSWER: 15
see 5.QI 3^3 5.02 above.
16 17
18
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC
114
0 5 I 0 I o 3 *n
5.07 Do you contend that plaintiff voluntarily and/or
2
[knowingly assumed the risk of an asbestos-related injury?
ANSWER: yes, if any asbestos related injury does, in fact, exist.
ii 6
7
8
9 5.08 If your answer to the preceding interrogatory is in
10
the affirmative:
11
12
(a) Specifically indicate the nature of the conduct; 13
(b) Identify each document which in any way bears 14 upon this issue;
15 16 17 ANSWER: 18
(c) Identify any eye-witness or other person who has information of any kind concerning such contention.
Investigation continuing.
19
20 !
21
22
23 24 25 26
PLAINTIFF'S FIRST INTERROGS., ETC. - 115
0510103* I
1 5.09 Do you contend that the plaintiff's asbestos-related
2
injuries were caused or contributed to, in whole or in part, by 3
improper and/or negligent actions of any of the respective 4
plaintiff's fellow servants? 5
ANSWER: Yes, if any such injury exists.
6
8
9
10
11
5.10 If your answer to the preceding interrogatory is in
12
the affirmative: 13
14
15
16 17
18 i;
19 ANSWER: 20 i'!i
21
(a) Specifically indicate the nature of the conduct?
(b) Identify each document which in any way bears upon this issue;
(c) Specifically identify any eye-witness or other person who has information of any kind concerning such contention.
Investigation continuing.
22 || 23 j,
24 i:
25
26 : 11 PLAINTIFF'S FIRST INTERROGS., ETC. - 116 r
05 l (J I IN M
1
5.11 Do you contend that the plaintiff failed to use
2
reasonable precautions for his own safety or otherwise failed to
3 mitigate or minimize his damages?
4 ANSWER: Yes, if in fact plaintiff has any damage or injury.
6 mI lIi!
7 i!
8
5.12 If your answer to the preceding interrogatory is in 9
!the affirmative:
10
. (a) Specifically indicate the nature of the conduct;
11
(b) Identify each document which in any way bears 12 upon this issue;
i*
13 (c) Specifically identify any eye-witness or other person who has information of any kind
14 concerning such contention.
15 ANSWER: 16
Investigation is continuing.
17
18 19
20
21 i
22 5.13 Do you contend that the plaintiff misused your 23 i
I product? 24 :
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 117
0510103*3
ANSWER:
2. k. Wellman contends and we believe that the evidence establishes
that plaintiff never used any asbestos-containing product of S. K. Wellman.
4 1 5.14 If
55 6 |thS affirmative:
7 ii1 8 ,!
i 9
10
11 ANSWER;
12
(a)
(b) upon this issue;
(c) person who has information of any kind concerning such contention.
See 5.13 above.
13
14
15
16
17
18
19 5.15 Do you contend that the plaintiff or any other persor
20
materially.. altere--di --y--o--u---r a~sbestos-containing products prior to their
21
use by the plaintiff?
22 i ANSWER;
23
as ^
y other person", and as to plaintiff see 5.13 above.
24 I; I
25
26 | PLAINTIFF'S FIRST INTERROGS., ETC. - 118
l!
JJ
J I Ju T
11
5.16 If your answer to the preceding interrogatory is in
2
the affirmative: 3
(a) Specifically indicate the nature of the conduct; 4
I (b) Identify each document which in any way bears 9 upon this issue;
lj
6 (c) Specifically identify any eye-witness or other person who has information of any kind concerning such contention.
8 ANSWER: See 5.15 tbove.
10
11
12
13
14
15
16 j 5.17 Do you contend that the damages sustained by the
i
17 Iplaintiff was caused by third parties not named as parties in this
18
ji action?
19 I! jl ANSWER:
20 !i
See response to 5.01 and 5.03 above.
21
22 !
23
24 :
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 119
0510103*5 i.
1 5.18 If your answer to the preceding interrogatory is in
2
the affirmative;
3 (a)
4 (b)
5 '
Specifically indicate the nature of the conduct;
Identify each document which in any way bears upon this issue;
6
7l l
8 ANSWER;
9
(c) Specifically identify any eye-witness or other person who has information of any kind concerning such contention.
See response to 5.01 and 5.03 above.
10 1;; 11 is
12 !'
13
. 14 I
5.19 Do you contend that plaintiff or any named defendant
1
15 ^voluntarily and/or knowingly assumed the risk of an
t
16 jasbestos-related injury?
i
17 i jLWCUPP
I --
As to plaintiff, see response to 5.07 above and unknown as to any
18 : runted defendant.
19
20 I!
5.20 If your answer to the preceding interrogatory is in
21 the affirmative:
22 j' (a) Identify who you contend voluntarily and/or
23 ! knowingly assumed the risk of an asbestos-related injury;
24 j (b) Indicate the exact reason(s) why you believe
he/they assumed such risk.
25 :
26 II PLAINTIFF'S FIRST INTERROGS., ETC. - 120 I I:
05101034b
ANSWER: See response to 5.19 above.
2
3
4
5
6
7
5.21 Do you contend that this court lacks jurisdiction
8
over you on the grounds that there is an insufficiency of process 9
10 or an insufficiency of service of process?
11 ANSWER:
NO.
12
13
14 15 5.22 If your answer to the preceding interrogatory is in 16 the affirmative, indicate the exact reason(s) why you believe that 17 process has been insufficient and/or why the service of process was
18 insufficient. i h
19 | ANSWER: gee response to 5.21 above.
20 'H |.
21 '
22 ji
*
23 * 24 25 26
, PLAINTIFF'S FIRST INTERROGS., ETC. - 121
051010"
1
5.23 Do you contend that the plaintiff failed to commence
2
the action herein within the time required by the applicable 3
statute of limitations? 4
ANSWER: Yes. 5
6
7
8
5.24 If your answer to the preceding interrogatory is in
the affirmative, state in detail each and every fact you rely on in
^ raising that defense, and state exactly which statute of
12 limitations you are relying upon for that defense and the date of
commencement of the statute of limitations.
14 A--N--S--W---E--R- ** See Motion for Judgment of Dismissal, Supplemental Memorandum of : Authorities and affidavits filed by S. K. Wellman in this litigation, oopies of
15 which have been previously provided to this counsel.
16 17
18 :
19
i'
20 ", i;
21 .
5.25 Do" you contend that the plaintiff's claim against you
i.
22 is barred by any doctrine of laches and/or waiver and/or estoppel?
23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 122
1
ANSWER:
2
Yes. See documents referred to in interrogatory 5.24 above.
3
4
5 5.26 If your answer to the preceding interrogatory is in
6
the affirmative, for each such plaintiff specify the facts, 7
circumstances, documents, or other evidence upon which you rely for
8
that defense. 9
ANSWER: See response to No. 5.24.
10
11
12
13 5.27 Do you contend that the claim of plaintiff has been
14 barred by state and/or federal industrial insurance and/or worker's
15 compensation laws?
16 17 ANSWER: ^
18 19
20
21 '5.28 If-your answer to the preceding interrogatory is in 22 the affirmative, specify the applicable state and/or federal 23 industrial insurance law and/or worker's compensation law upon 24 which you rely, and specify the facts, circumstances, documents, or 25 other evidence upon which you rely for this defense.
26 PLAINTIFF'S FIRST INTERROGS., ETC.
123
05 I 0 I "3 1
i" ANSWER: see 5.27 above.
2I
31
i
4 5 !;
6
7
8
9 i 5.29 Do you contend that your sales and distribution of
10
products containing asbestos was consistent with the 11 i
jstate-of-the-art, industry practice or custom, general scientific
12
13 (and/or medical knowledge and standards existing at any particular j^'!time pertinent to this lawsuit?
15 ANSWER: Yes. (Objection as vague and overly broad. 16 17 18 19 20 5.30 If your answer to the preceding interrogatory is in 21 the affiraative,*state: 22 (a) The facts and circumstances upon which you rely; 23 (b) Identify each document which in any way bears
upon this issue; 24 25 26
PLAINTIFF'S FIRST INTERROGS., ETC. - 124
I
o 5 I IJ ' `J J J J
1 (c) Specifically identify any eye-witness who has information of any kind concerning such a
2 contention.
3 ANSWER; witnesses and exhibits intended to be used at trial will be produced "when developed consistent with pretrial orders of the court. These are not currently available.
5
6
7
8
9
10 5.31 Do you contend that the claim of the plaintiff is
11 barred by improper venue and/or lack of jurisdiction?
12 ANSWER: 13
NO.
14
13
16 5.32 If your answer to the preceding interrogatory is in
17 the affirmative, indicate the reason(s) why you assert there is 18 i: improper venue and/or lack of jurisdiction. i9!!
ANSWER: see 5.31 above.
20
21 22 ij
23 !:
24 : i
25
26 j: PLAINTIFF'S FIRST INTERROGS., ETC. - 125
0510103'
1
2
5.33 List any person with knowledge of facts material to
this case, including any persons you presently consider may be 4
called as witnesses at trial, including their names, addresses, 51
'occupations, and telephone numbers. :! 7 ANSWER: Exhibits and witnesses intended to be used at trial will be produced
jj when developed consistent with pretrial orders of the court. These are not
8 ;j currently available. !i
9;
i,
10 ''
n
12' 5.34 List the names, addresses, occupations, professional
'qualifications, and telephone numbers of all expert witnesses whom
,i
you will call at trial of this case, and as to each further state:
15
16
17
18
19 !; i!
20 1 ,1
21 i
22 :j
(a) The subject matter upon which each such witness is expected to testify;
(b) The substance of the facts and opinions to which the expert is expected to testify;
(c) A summary of the grounds for each such opinion.
23
24 , I
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 126
Q 5 ! 0 i jJ ->
i'
i.
1 , ANSWER:
2
3
4
5
6
7
e
9
10 11
gee response to 5.33 above.
12
5.35 Identify each document reviewed and/or generated by 13
each expert identified in your answer to the preceding 14
interrogatory in connection with this specific litigation, and 13
iidentify the documents which each expert has reviewed with respect 16
17 to this case.
18
i ANSWER: i:
19 li !
see response to 5.33 above.
20
21
22
23
24
25 26
PLAINTIFF'S FIRST INTERROGS., ETC.
127
0 5 I 0 I C"
i'
1 5.36 Identify each document reviewed and/or generated by
2
each expert identified in your answer to Interrogatory No. 5.34 3
above in connection with any asbestos claim or lawsuit. 4
ANSWER; see response to interrogatory 5.33 above.
si
7 ;;
9 ! REQUEST FOR PRODUCTION NO. DD; Pursuant to CR 34. attach
10 "; ,';or produce, according to the above instructions, all documents
identified in your response to the preceding interrogatory. 12 '
1 RESPONSE; 13 See response to interrogatory 5.33 above.
14 |
15 1
16
i
17 i
18 i j
19 i
20
21
22
23
:
24 |i
5.37 With respect to each such expert identified above:
(a) Indicate the total number of claims or lawsuits for which said expert has been retained;
(b) Identify the person(s) responsible for the decision to retain;
(c) Identify the trial court, worker's compensation cause number, or other information which identifies where any sworn testimony (including affidavits, depositions, or other testimony) was given;
(d) State in detail the nature of such testimony.
25
26 'PLAINTIFF'S FIRST INTERROGS., ETC. - 128
!l
1
ANSWER; ^ expels are identified consistent with existing court order, this 2 information will be provided as to each expert.
3
4
5
6
5.38 Have you, your attorneys or agents, any written, 7 otherwise recorded, or oral statements from any witnesses or
persons who have or claim to have any knowledge of facts relevant 8 to or arising out of this lawsuit? If so, for each such statement:
(a) Identify each person, with name and address, 9 making the statement;
10 (b) Identify each statement;
11 (c) Identify each person, with name and address, at whose request such statement was made;
12 (d) Identify each person, with name and address, who
13 prepared such statement;
14 (e) Identify each person, with name and address, now in possession of each statement.
13
ANSWER: ^oner except for depositions. Defendant S. K. Wellman has copies of 16 depositions and other discovery documentation, all of which are equally available
17
to plaintiff's counsel. Any other documentation written or oral contemplated by this interrogatory will be provided consistent with existing pretrial court orders.
18
19
20
21
22
23
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC. - 129
051' 1 '55
II
!i
1 r 5.39 Have you conducted or caused to be conducted any
2l
isurveillance or investigation of any of the facats pertaining to 3
1 this lawsuit? 4
ANSWER: S. K. Wellman is investigating facts. S. K. Wellman has not been 3 ; involved in any surveillance of plaintiff. If the question is asking sorethong
1 other than that, S. K. Wellman will object to it as vague and ambiguous.
6
7
5.40 If your answer to the foregoing interrogatory is in
8
lithe affirmative, state: 9
(a) Who was investigated or surveilled;
10
11 i
12
(b) Who conducted such surveillance;
(c) The form of the reporting of such investigation or surveillance;
13 14 15 16 17 ANSWER:
(d) Identify all tapes, reports, photos, statements, and the like so generated;
(e) Identify the name and address of the custodian of the tapes, reports, photos, statements, etc., referred to in your answer to subpart (d) hereof
See response to No. 5.39.
IS II
19 i:
20
21
22
23
24 i; >
25
26 , PLAINTIFF'S FIRST INTERROGS., ETC. - 130
05 I r C 56
1
2
REQUEST FOR PRODUCTION NO. EE; Pursuant to CR 34, attach 3
or produce, according to the above instructions, all tapes, 4
reports, photos, statements, or other documents and the like 5
identified or related to Interrogatories No.'s 5.01 through the
6
preceding interrogatory herein. 7
r\-u o ruw o c8
See response to interrogatory 5.33.
9
10
REQUEST FOR PRODUCTION NO. FF: You are hereby requested,
11
pursuant to CR 34, to produce for inspection and copying any and
12
all sales records pertaining to the sale, delivery, or use of your 13
asbestos-containing products at the facilities identified in answer 14
to Interrogatories No. 1.20 and 1.24 herein. 15
16 RESPONSE: <x^ere are no such sales or documents as to interrogatory 1.24. to No. 1.20 see ansver to interrogatory 1.20 above.
17
As
18 19 5.41 State whether or not you have ever made any 20 asbestos-containing canisters or filters for use in respirators or 21 masks. If you have made such filters, state: 22 (a) The brand name and type of filter; 23 (b) The years of production;
24
25
26 PLAINTIFF'S FIRST INTERROGS., ETC.
131
C o 5 I 0 I 0 3 r 'C
I. -
4 ANSWER: I!
5 :: 6 'i
7
NO.
8
9
10 11
12
13
14
15 16 17
18 19 i.
i
20 '
21
22 i! 23 !
(c) The location of any documents or materials pertaining to the production, distribution, or
advertising information concerning said filters, respirators and/or masks.
24 ! 25 2S
: PLAINTIFF ' S FIRST INTERROGS., ETC. - 132
iIfi
0510103 '
1
REQUEST FOR PRODUCTION NO. GG: Pursuant to CR 34, produce
2
such study or report for inspection and copying in the office of 3
the plaintiff's counsel pursuant to the instructions in these 4
interrogatories. 5
RESPONSE: See ansv^r to interrogatory 5.41 above.
6
7
8
INTERROGATORIES SUBMITTED this
Y day
9 ijf. *a^!**. .------------------ 1984.
3f
10 7
T
11
DODD, CONEY & BISHOP, P.S.
12
13
_____ ___________ _______ Mary Ellen Keegan
Attorneys for Plaintiff
14
ANSWERS SUBMITTED this
day of , 1984,
15 By. 16 Attorneys for Defendant(s) 17
18 19
20
21
22
23
24 25 26
PLAINTIFF'S FIRST INTERROGS., ETC. - 133
0510103*
STATE OF OHIO
)
)
COUNTY OF CUYAHOGA)
ss.
J. E. Mencini, after being sworn, on oath deposes and savs:
I am the Vice President-Administration for the defendant The S. K. Wellman Corp. in the above-entitled actio. ,' that I have read the foregoing Answers tc Inter rogate ries, Requests for Admission, and Requests for Production, know the contents thereof, and believe the same
Vtr.'JfJlCA ~CTH. Notary PuS'.'C State o` ONo. Cuyaf.oji County
My Commission Eip:rn June 25,1354
051010 lIi
|<
11
jSTATE OF 2 '
COUNTY OF 3
) ) ss.
)
4 after being sworn, on oath deposes and says:
c 5 l; I am the for the
[[defendant _____ 6 jin the above-entitled action; that I have read the foregoing
IjAnswers to Interrogatories, Requests for Admission, and Requests 7 Ifor Production, know the contents thereof, and believe the same to
jbe true. 8 !i
10 SUBSCRIBED and SWORN to before me this _____ day
!
l
. ___________ , 1984.
11 :i
i
12 I NOTARY PUBLIC in and for the State
i of Washington, residing 13 1 at ____ _______________
14 !0215P 15 16 17 |
18 19
20
21
22
23
24
25 .
h
26 "
I1 PLAINTIFF ' S
FIRST
INTERROGS
ETC.
134
0510103
kat'
tLj-U
\ - V -~ " # tr'' 2.''
c * <
i
i\
\
ROADWAY
j* EXPRESS, INC.
QlO_ tC. AH4 O4TO_u.n, v1>. urnn.c*
t
UTfnM
' Contain': -A-hestos Fibors -
v
Avoid Ctut.ing Oust
.>4
Breathing Asbostos Dwt May Causo
> MOT
S#r,ou* Bodily Harm
Do NOT breath# dust ' v. .
Do NOT uto air how for efMflintf
; *
Oo NOT machine without dust coll.^
S2. * vacuum or wot cleaning m#fhod< 22.*Po.o of dust in sealed containor
gO wov mask if unablo to avoid dust
-
For further information contact*
k K* Wellman Cor* Bedford, Ohio 44146
t :.
i: U-:
J
.jk
ifr
.; ! "
CAUTION.ASBESTOS DUST HAZARD
i
fa- CONTAINS ASBESTOS FIBERS AVOID CREATING DUST
IREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM
F7 T
NOT breathe dust
IMPORTAMT
O*,,i '*'<}
DO. use vacuum or wet cleaning methods
NOT wo aie hose for cleaning
DO_ dispose of dust in sealed container
NOT machine without dust ooiiection equipment
r kmtbar Information contact:
DO wear mask if unabie to avoid dust .
S. K. Wellman Coro.. Bedford. OH
>120 l
05101037
ROADWAY EXPRESS, INC. ' OfO'O'f.' JO turn* smicr s -
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The ever-growing list of Velvetouch AllMet*! friction products now includes Velvetoucb Metnlik bond-on lining for medium and light trucks.
Over seven years of extra heavy use of Velvetouch Feramic . . . the one and only all metal brake blocks . . . nationwide clamor for Velvetoucb Metaiik lining on passenger cars ... these have helped to produce this bond-on lining for the medium and light truck field.
If you've never used all-metal brake blocks, you owe it to your drivers, your opera ting budget and yourself to try Velvetouch Metaiik today.
Check these advantages of Velvetouch Metaiik to find what you've been looking for in brakes:
* NO HEAT FADE
* NO WATER FADE
* NO DOWN HILL FADE * NO SPEED FADE
* LONGER LIFE
+ SMOOTH .. QUIET
* LOWER COST PER MILE
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No NmI Fado
No Waltr Fade
N`i High Spood Fodo
gives you modern braking power.
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longer Broko lift
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Powdered Metal Brake Lining
is the greatest brake lining safety development of the last 20 years...
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GOOD BRAKES no ACCIDENT!
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(WV?M MetafTlT) brakes better...stops quicker...lasts [onger!
Powdered Metal Makes The Difference!
Whether yours is a multi-hundred h.p. speedster, an economy passen ger car ... or small or medium truck. you'll be safer with Volvetouch Melalik brake linings.
Velvetouch Melalik is a new lin ing made wholly of powdered metal, precision bonded to reconditioned brake shoes
One of the outstanding automotive develop ments of the last decade, this new All-Metal lining provides maximum braking safety, regardless of speed or driving conditions.
No watar fadat Powdered metal does not absorb moist ure. Even when complett-W under water, BRAKES WORK.
Stop aastart Smooth pow dered metal surface, unaffected fa*) by heat and water, free of I? glazed or hard spots, assures --- constantly uniform braking
No hoot fada . . . No high apaad fadat Fast driving, constant downhill braking, frequent traffic stops ... all generate heat which causes ordinary linings to lose part or all of their holding ability.
Unlike asbestos, which insulates and holds heat in drums, powdered metal rapidly conducts heat away from the surface braking area . . . keeps brakes working properly without fade.
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...llrst choice for safety I
Stop qulckarl High initial coefficient of friction in pow dered metal makes brakes work immediately... faster. .. and safer.
Last longart Because they run cooler. Velvetouch Metalik linings have longer working life than other brakes. The> require no "coddling'' . . . need fewer adjustments.
... on a per-mllt basis the world's best brake Investment!
THERE'S MORE
installation instructions
FOR
( Mitmh MetalTlp
Powdered Metal Irak* Lining
Hi higher the quality that U built Into brake lining, the higher decree of atlaatina aiuet be given to the brake components. This lining requires ALL components to be m first class condition. ONLY m this way will you get the maximum performance that has been built Into Velvetouch Metalik Powdered Metal Linings. Lined shoes will be identified as primary, secondary, forward or reverse.
These brake shoes have been carefully reconditioned and lined with Velvetooeh Metalik linings The linings have been accurately pre-ground by an authorized bonder.
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It is NOT recommended fhaf these linings be rc-ground If regnnditig is done, however, if is necessary thaf clearances shown in the diagrams be observed.
BREAK IN PROCEDURE
Velvetouch Metalik brake lining requires seating to the drum for maximum proper braking performance This procedure should be followed to assure seating:
1. Make several slow stops to check out the brake system overall.
2 Observing road safely, make a minimum of ten (10) consecutive hard maps from 40 to 50 MPH. Avoid sliding the wheels.
3. Allow the brakes to cool and then readjust if necessary (normally not re quired).
4. Lining has not seated If the above procedure does not give good braking actxm.
CAUTION. Do not drag or overheat.
NOTE: Brakes will continue to improve as seating becomes complete through wage.
HYDRAULIC FLUID CONTAMINATION Contaminated hydraulic fluid la a major cause of swollen cups, scored cylinders and leakage. (Use only S.A.E. approved heavy duty high temperature fluid ) Equal hy draulic pressure means equal brake effort. Flush system with alcohol If these con ditions exist.
HYDRAULIC LINES Visually Inspect lines, fittings and hoses for "dsmpness" This may indicate high pressure leakage. Weak hoses cause "spongy" pedal.
MASTER CYLINDER Hard or sinking pedal points to swollen cups, internal leakage or plugged vents
WHEEL CYLINDERS Scoring, cup swelling and sludging as a result of fluid contamination can cause "lag time" between cylinders, leading to grab or pull at one or more wheels.
POWER UNITS Pedal loss, hard pedal or lack of assist are trouble signs. Consult manual or. your unit. Check valves should be above carburetor intake on most units to avoid gasoline feed back. Examine all hoses for vacuum leaks.
BACK PLATES Inspect for bent plates and anchor pins, worn shoe pads, frozen adjustors or anchor blocks
BRAKE DRUMS True up surfaces to within specified limits Excessive oversize weakens drums Brake drums should be of equal size across axles Do not install Velvetouch Meialik on passenger car drums that are more than .060 1 oversize or truck drums more than .090" oversize.
PEDAL LINKAGE Check linkage with master cylinder disconnected for binding, wear or interference
BRAKE SHOES Velvetouch Meialik lining on these shoes have been accurately pre-ground by an au thorized bonder. It la not necessary or desirable to regnnd. Specified heel and toe clearance must be observed for maximum efficiency. Observe identification and location of primary and secondary-, or forward and reverse shoes, as indicated in the diagrams.
BRAKE SPRINGS Tension is destroyed by heat or flexing. To balance shoe return action, replace shoe return spnngs and hold-down spnngs.
WHEEL BEARINGS Remove, clean and inspect. Re-lubricate with proper grease Adjust to specificat.cns
REAR AXLES Bent rear axles or worn axle bearings are frequent causes of high lining wear and erratic braking Repair or replace defective parts
GREASE SEALS Worn or damaged seals can cause dangerous brakes Velvetouch Metalik lining is not ruined as with asbestos Heavy concentrations of oil or grease leads to erratic brak.ng New' seals are simply good insurance.
FRONT END ALIGNMENT (CHASSIS L SUSPENSION) Weak or broken spnngs. ahocks and torsion bars unbalance the braking effort Sus pension and front end alignment should be checked for a balanced, safe stop.
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inghousc Air Brake Co.
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INTERNATIONAL HARVESTER
VARRAHTY
"The manufacturer of this Vefvelouc/i Uttalik brake lining ro-ranii ill porfuefj ifnnil delects in material and work-
tranship. It cannot, however, ba held responsible lor mta-
application or faulty installation. Hence, the manulacturer's liability if haitad to the replacement value oI the defective brake lining and ahoe assembly. Any alleted detective mat
erial ia to be relumed, prepaid, to the manulacnrer'e neatest
branch office lot ultimate a semination by the manulactarer'a
Inspection, Research and Development Departments."
INSTALLATION INSTRUCTIONS
FOR
Cl/elyefmh Metai*tT)
Powdered Metal Brake lining
Xh higher the quality that Is built Into brake lining. the higher degree of atteaticB
muat be given to the brake component* This lining requires ALL components to be tn
firat class condition. ONLY ui this way mill you (el the maximum performance that
has been built Into Velvetoueh Metaiik Powdered Metal Limn(s. Lined shoes will
be identified as primary, secondary, forward or reverse.
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These brake shoes have been carefully reconditioned and lined with VelvcLooeh Metaiik Umn(s The linm(S have been accurately pre-(round by an authorized bander.
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It u NOT recommended that Ihcse humps be re-ground // rcgnnding u done, Kcnerrrr, it t* necessary that clearances sbouni tu (he dtagran.s be observed
BREAK LN PROCEDURE
Velvetoueh Meteiik brake lining requires seating to the drum for maximum proper braking performance. This procedure should be followed to assure seating
1 Make several slow stops to check out the brake system oversll 2 Observing road safety, make a minimum of ten 110) consecutive hard stops
from 40 to 50' MPH Avoid sliding the wheels 3. Allow the brakes to cool and then readjust tf necessary (normally not re
quired ). 4. Lining has not seated if the above procedure does not give good braking actsec.
CAUTION Do not drag or overheat
Brakes will continue to improve as seating becomes complete through usage
HYDRAULIC FLUID CONTAMINATION
Contaminsted hydraulic fluid la major cause of swollen cups, scored cylinders and
leakage. (Use only S.A.E. approved heavy duty high temperature fluid ) Equal hy
draulic pressure means equal brake effort. Flush system with alcohol if these con
ditions exist.
'
HYDRAULIC LINES
Visually inspect lines, fittings and hoses for "dampness " This may indicate high pressure leakage. Weak hoses cause "spongy" pedal.
MASTER CYLINDER Hard or sinking pedal points to swollen cups, internal leakage or plugged vents.
WHEEL CYLINDERS
Scoring, cup swelling and sludging as a result of fluid contamination can cause "lag time" between cylinders, leading to grab or pull at one or more wheels.
POWER UNITS Pedal loss, hard pedal or lack of assist are trouble signs. Consult manual or. your unit. Check valves should be above carburetor intake on most units to avoid gasoline feed back. Examine all hoses for vacuum leaks.
BACK PLATES Inspect for bent plates and anchor pins, worn shoe pads, frozen adjustors or anchor blocks.
BRAKE DRUMS True up surfaces to within specified limits Excessive oversize weakens drums Brake drums should be of equal size across axles Do not install Velvelouch Metalik on passenger car drums that are more than .060" oversize or truck drums more than .090" oversize.
PEDAL LINKAGE Check linkage with master cylinder disconnected for binding, wear or interference.
BRAKE SHOES
Velvetouch Metalik lining on these shoes have been accurately pre-ground by an au thorized bonder. It is not necessary or desirable to regnnd. Specified heel and toe clearance must be observed for maximum efficiency. Observe identification and location of primary and accondary, or forward and reverse shoes, as indicated in the diagrams.
BRAKE SPRINGS Tension is destroyed by heat or flexing. To balance shoe return action, replace shoe return springs and hold-down springs.
WHE^L BEARINGS Remove, clean and inspect. Re-lubncate with proper grease. Adjust to specifications
REAR AXLES Bent rear axles or worn axle bearings are frequent causes of high lining wear and erratic braking . Repair or replace defective parts.
GREASE SEALS Worn or damaged seals can cause dangerous brakes. Velvetouch Metalik lining is not ruined as with asbestos. Heavy concentrations of oil or grease leads to erratic braking. New seals are simply good insurance.
FRONT END ALIGNMENT (CHASSIS L SUSPENSION)
Weak or broken apnngs. shocks and torsion bars unbalance the braking effort Sus pension and front end alignment should be checked for s balanced, safe stop.
W A t * AM T T
"The aanulacturer ol this ValveloucA lletalik brake lining wa'ranti its podvct* against delects in malarial and work manship. It cannot, however. k* hald responsible lor mis application or laulty installation. Henca, the mantilacturer's liability is limited to the replacement value at the detective brake lining and ahoe assembly. Any alleged detective mat erial ie to be relumed, prepaid, to the manulactarer'e nearest branch ollice lot ultimate esamiaation by the maaulacturer'a Inspection, Keeearch and Development Departments."
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CAUTION
ASBESTOS DUST HAZARD
DO NOT BREATHE DUST DO NOT HOSE OFF WITH COMPRESSED AIR DO NOT MACHINE UNLESS DUST COLLECTION EQUIPMENT
IS CONTROLLING DUST Respirators must be worn to avoid exposure to dust. Dispose of dust in a sealed container marked with
appropriate warning for Asbestos.
ENGiNEEREO FRICTION MATERIALS
A-713
CAUTION
ASBESTOS DUST HAZARD
DO NOT BREATHE DUST DO NOT HOSE OFF WITH COMPRESSED AIR JX> NOT MACHINE UNLESS DUST COLLECTION EQUIPMENT
IS CONTROLLING DUST Respirators must be worn to avoid exposure to dust. Dispose of dust in a sealed container marked with
appropriate warning for Asbestos.
ENGINEERED FRICTION MATERIALS
A-713
C A U T IO N - ASBESTO S DUST H A Z A R D
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S.K. Wellman Company S.K. Wellman Corporation Wellman Division of American Brake & Shoe Company
After reading all* the information we received, it could very well be that Abex (or predecessors) never manufactured any Velvetouch product that contained asbestos. It may be that the Velvetouch product they used was sold thru the Wellman Division of Abex. "velvetouch" may have been a trademark of Wellman and it could only be marketed thru something called the "Wellman Division". All the while, S.K. Wellman Company could have been operating on its own manufacturing and selling these other asbestos-containing products. I am trying to find out if, in fact, there was an S.K. Wellman Company operating on its own. I do know (from interrogatories) that in 1971 the S.K. Wellman Corporation was formed to buy the assets of the Wellman Division of Abex. It could be that the S.K. Wellman Company in 1971 purchased the Wellman Division and then changed its name from "Company" to "Corporation".
Steve Cvitkovich worked as a salesman for the Wellman Division of Abex selling Velvetouch Metalik (non-asbestos) brake linings.
What makes me believe there was an S.K. Wellman Co., too, that I have a copy of an invoice (attached to Horn interrogatories) with their name and that they are manufacturers of VELVETOUCH all-metal friction products. is dated 12/2/64.
is This
From the looks of all of the attachments to the Horn discovery, you should be able to find all of this out from Cvitkovich. It could be that because of state laws, S.K. Wellman might have been incorporated in some states as an independent entity and in Ohio as a "division" of Abex.