Document Vjp82vq1G5DDgOg0jZaj1wR5K

Cause No. 00-03032-00-0-B John Wayne Walker, et aL. vs. OAF CORPORATION (SUCCESSOR TO Rubbroid Corporation), etal. In the District Court Nueces County, Texas 11 7th Judicial District Dependant DuPont's First Set of Interrogatories and Requests for Production to Plaintiff Jesse Paul Turney TO: Plaintiff Jesse Paul Turney, by and through his attorney, Stephanie Finch, Baron & Budd, P.C., The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Defendant E. I. du Pont de Nemours and Company ("DuPont") requests that Plaintiff Jesse Paul Tumey respond to the following interrogatories and requests for production no later than thirty (30) days after service, as required by the Texas Rules of Civil Procedure. Documents requested in the requests for production are to be made available for inspection, sampling, testing, photographing, and copying by DuPont's counsel at the offices of Baron & Budd, P.C. at the address stated above, or at such,other place as may be agreed by the parties. The time and date of production shall be 10:00 a.m. on April 16,2001. Definitions 1. "Plaintiff" "you," and "your" mean and include each and all of the plaintiff named in this lawsuit: Jesse Paul Tumey. 2. "DuPont" means Defendant E. L DU Pont DE NEMOURS AND COMPANY. 3. "Date" means the exact day, month, and year, if ascertainable, or if not, the best available approximation. Defendant DuPont's Fbst Set of Interrogatories and, Requests for Production to Plaintiff Jesse Paul turn* 4. "Documents)" means any printed, typewritten, handwritten, or other tangible things, including but not limited to: letters, memoranda, notes, forms, reports, charts, telegrams, brochures, calendars, books, newspapers, magazines, newsletters, publications of any kind, diaries, files, statements, invoices, shipping documents, medical records, business records, affidavits, declarations, witness statements, announcements, photographs, drawings, blueprints, plans, specifications, bids, audio recordings, video recordings, and all other forms oftangible information or tangible things. 5. "Premises" means real property, as well as any buildings, facilities, structures, or other improvements located on the property. 6. When an "address" is requested, it means the person's or entity's current or last-known business or residence address, and is to be stated as precisely as possible. 7. A "person with knowledge of relevant facts" has the same meaning as in Rule 192.3(c) of the Texas Rules of Civil Procedure. 8. "Medical Practitioner" means any medical doctor, physician, surgeon, doctor of osteopathy, chiropractor, psychologist, mental health counselor, or other person practicing any healing arts or sciences, as well as their employees and staff. 9. "Medical Facility" means any hospital, clinic, mobile x-ray or screening unit, or other facility of any kind in which medical, psychiatric, or psychological care, examination, testing, or service is provided. 10. "Medical Services" means any and every kind of medical, psychiatric, or psychological, or mental health procedure, examination, treatment, operation, care, testing, evaluation, diagnosis, screening, or other service, and includes but is not limited to lung or chest Defendant DuPont's Pikt Set of Interrogatories and Requests for Production to plaintut jesss Paul Turned Page 2 x-rays, testing, or screening provided or sponsored by any employer, union, law firm, lawyer, or other person, entity, or organization. Interrogatories INTERROGATORY NO. 1: Please state the name, address, and telephone number of each fact witness that you expect to call to testify at trial, either live or by deposition, with respect to any of your claims against DuPont, and provide a brief statement of the subject of each such witness' anticipated testimony. ANSWER: INTERROGATORY NO. 2: If any ofyou claim any damages for past or future medical costs, please state the following: (a) die dollar amount of past medical costs you are claiming; (b) the dollar amount of fbture medical costs you are claiming, and describe how the amount was computed. ANSWER: INTERROGATORY NO. 3: If any ofyou claim any damages for loss of earnings or earning capacity in the past or future, please state the following: (a) the dollar amount of your lost earnings or earning capacity in the past, and describe how the amount was computed; (b) the dollar amount of your lost earnings or earning capacity in the future, and describe how the amount was computed; ANSWER: Defendant DuPont's Fsrst Set of brrtRxooATowES and Requests fox Production to Plaintiff Jesse Paul Turney Page 3 INTERROGATORY NO. 4: If any funds have been paid or expended to any of you or on behalf of any of you by Medicaid, Medicare, Soda! Security, or any other government program, department, or agency, in connection with any Medical Services provided to Jesse Paul Turney or in connection with any other losses, expenses, or other damages relating to Jesse Paul Turney's alleged asbestos-related injury or disease, please list each payment or expenditure by date, name and address of payor, amount paid, and name and address of payee. ANSWER: INTERROGATORY NO. S: If any liens exist or are claimed as a result of Medical Services provided to Jesse Paul Turney, please state the name, address, and amount ofmoney claimed by each person or entity with a lien or lien claim, and describe the Medical Services provided by the person or entity. ANSWER: INTERROGATORY NO. 6: If any ofyou have obtained anyjudgment, have received or been awarded any recovery from the Manville settlement trust, or have entered into any covenant not to sue, settlement agreement, release, or any type ofcontract, agreement, or understanding of any nature (suchjudgments and other matters collectively being referred to as "recovery"), whether or not reduced to writing and whether or not fully performed or satisfied, concerning any portion ofany causes of action or damages related to any alleged asbestos-related injuries or diseases, please state the following with respect to each recovery: (a) name and address of each person or entity against or from whom any recovery has been obtained or awarded or with whom any recovery has been entered into; (b) for each person or entity listed in response to (a), state the date of each recovery and the amount of money, or other consideration provided or to be provided, paid or to Defendant DuPont's First Set of Iwterrooatorts and Requests for Production to plaintt? Jesse Paul Turney Page 4 be paid, or awarded, by or on behalf of that person or entity under the terms of the recovery. ANSWER: Requests for PRODuerrow You are requested to produce the following: REQUEST NO. 1: Copies of any and all Petitions, Complaints, and other pleadings (including any and all amended and supplemental petitions, complaints, and other pleadings) and any and all interrogatory and other discovery responses (including any and all amended and supplemented responses) served or filed, or authorized to be served or filed, by any ofyou or on behalf of any ofyou in any court or administrative agency, in any lawsuit or proceeding (other than this lawsuit) in which it was alleged that any ofyou suffered from any asbestos-related injury ox disease. RESPONSE: REQUEST NO. 2: All documents constituting, reflecting, memorializing, evidencing, or relating to any covenants not to sue, settlement agreements, contracts, deals, or any other type of agreement or understanding (whether or not reduced to final form and whether or not folly performed, paid, or satisfied) which any of you have entered into, or agreed to enter into, with any person, company, trust, or other entity, to compromise, settle, release, or otherwise resolve any claim or potential claim (including any lawsuit, other legal proceeding, worker's compensation' claim, claim against the Manville settlement trust, or other claim) relating to any asbestos-related irjury or disease that any of you have suffered, claimed to suffer, or might suffer in the future. RESPONSE: REQUEST NO. 4: Copies of any and all judgments or awards in favor of any of you (whether or not final and whether or not fully paid or satisfied) in any lawsuit, proceeding, worker's compensation claim. Defendant DuPont's First Set of Interaooatories and Requests for Production to plantif7 Jesse Paul Turney Page5 claim against the Manville settlement trust, or other claim involving or relating to any asbestos-related injury or disease. RESPONSE: REQUEST NO. S: All transcripts and videotapes of prior deposition, trial, or other sworn testimony in any lawsuit, proceeding, or claim involving or relating to asbestos (other than this lawsuit), given by any ofyou or by any person identified by any of you in this lawsuit as being a person with knowledge of relevant facts. RESPONSE: REQUEST NO. 6: Copies of any and all witness statements (as described in Rule 192.3(h) of die Texas Rules of Civil Procedure) and affidavits given or made by any of you in any lawsuit involving any allegations of asbestos exposure or asbestos-related injury or disease, regardless of whether you were a party or were giving or making the statements or affidavits as a nonparty witness. RESPONSE: REQUEST NO. 7: Copies of any and all witness statements (as described in Rule 192.3(h) of the Texas Rules of Civil Procedure) and affidavits made or given by any person identified by any of you in this lawsuit as being a person with knowledge of relevant facts, whether or not the witness statements or affidavits were made or given in connection with this lawsuit RESPONSE: Defendant DuPont's First Set of interrogatories and Requests for Production to Plaintiff Jesse Paul Turney Page 6 REQUEST NO. 8: All documents relating to any litigation, proceeding, or claim arising out of or relating to any non-asbestos-related injury or disease that Jesse Paul Turney has ever suffered or claimed. RESPONSE: REQUEST NO. 9: All documents depicting, describing, evidencing, or relating in any way to any conditions or activities relating to asbestos at DuPont's premises in Victoria, Texas. RESPONSE: REQUEST NO. 10: All documents evidencing or supporting your contention that Jesse Paul Tumey was exposed to asbestos at DuPont's premises in Victoria, Texas. RESPONSE; REOUESTNO.il: All documents depicting, describing, evidencing, or reflecting die identity of any asbestos-containing products or materials to which you contend Jesse Paul Turney was exposed at DuPont's premises in Victoria, Texas. RESPONSE: dbfbndant DuPont's first Sot of Ihtemooatoribs and Requests for production to Plaintiff Jesse Paul Turnby Page 7 REOUESTNO.il: All documents that any ofyou have reviewed or may review to assist in the identification of any asbestos-containing products or materials that you contend Jesse Paul Turney was exposed to at DuPont's premises in Victoria, Texas. RESPONSE: REQUEST NO. 13: All documents evidencing, confirming, or reflecting Jesse Paul Turney's presence on DuPont's premises in Victoria, Texas, or his employment by any employer that you contend he worked for at DuPont's premises in Victoria, Texas. RESPONSE: REQUEST NO. 14: All documents evidencing, reflecting, showing results of or otherwise relating to any air monitoring, sampling, or testing for the presence or level of asbestos fibers or dust in general at DuPont's premises in Victoria, Texas. RESPONSE: REQUEST NO. 15: All documents showing or indicating the locations or uses of asbestos or asbestos-containing products or materials at DuPont's premises in Victoria. Texas. RESPONSE: Defendant DuPont'9 First Set of Interrogatories and Requests for Production to plaintiff Jesse Paul Turney Page 8 REQUEST NO. 16: All documents evidencing, reflecting, or relating in any way to any industrial-hygiene inspections, surveys, or studies, or any other safely inspections, surveys, or studies, of DuPont's premises in Victoria, Texas. RESPONSE: REQUEST NO. 17: All documents that you contend show or tend to show that DuPont knew, or in the exercise of reasonable care should have known, at or prior to the time that Jesse Paul Tumey was on its premises in Victoria, Texas, that any condition or activity on those premises involving asbestos or asbestos-containing products or materials presented an unreasonable risk of harm to Jesse Paul Turney or to persons similarly situated to Jesse Paul Tumey. RESPONSE: REQUEST NO. 18: All documents that you contend show or tend to show that DuPont's alleged actions of inactions were of such a character as to constitute a pattern or practice of intentional wrongful conduct and/or malice resulting in damage and injury to any ofyou. RESPONSE: REQUEST NO. 19: All documents that you contend show or tend to show that DuPont consciously and/or deliberately engaged in oppression, fraud, wilfulness, wantonness, and/or malice with regard to any of you. RESPONSE: Dhpbkdant DuPont's First Set of Interrogatories and Requests for Production to Plaintiff jesse Paul turnet Page 9 REQUEST NO. 20: All documents that you contend show or tend to show that DuPont entered into, engaged in, or otherwise participated in the conspiracy alleged in your pleadings. RESPONSE: REQUEST NO. 21: All documents evidencing, reflecting, or relating in any way to any violation or alleged violation by DuPont of any TLV, PEL, or other limit, guideline, standard, rule, regulation, or law of any kind relating to asbestos. RESPONSE: REQUEST NO. 22: All documents evidencing, reflecting, or relating in any way to compliance by DuPont with any TLV, PEL, or other limit, guideline, standard, rule, regulation, or law of any kind relating to asbestos. RESPONSE: REQUEST NO. 23: All documents authored by, generated by, or which bear the name ofDuPont or any of its current or former employees, agents, or representatives, relating in whole or in part to asbestos, dust control, dust or fiber sampling or measurement, dust inhalation, respiratory protection or other protection from asbestos dust or fibers, asbestos abatement, safety precautions or warnings or procedures relating to asbestos or dust, or health effects or risks of asbestos. RESPONSE: Defendant DuPont's First Set or Interrogatories and Requests for Production to Plaintiff Jesse Paul Turney Page 10 REQUEST NO. 24: All documents containing, depicting, describing, evidencing, or relating to any warnings, cautions, protections, instructions, rules, procedures, or guidelines relating to asbestos or dust and provided to Jesse Paul Turney during his working career by any employer, manufacturer or distributor ofasbestos-containing products, union, general contractor, premises owner or occupier, or other person or entity. RESPONSE: REQUEST NO. 25: All documents relating to asbestos or dust, or to protections or precautions against asbestos or dust, or to safety programs or procedures relating to asbestos or dust, or to warnings or cautions about potential hazards of asbestos or dust, that any of you have ever received from any source, including but not limited to any employer for whom any ofyou have worked, J.T. Thorpe Company, any manufacturer or distributor of asbestos-containing products, or any newspaper articles, magazine or other periodical articles, union records or publications, correspondence, newsletters, pamphlets, instructions, advertisements, screening announcements, or notices. RESPONSE: REQUEST NO. 26: All medical bills and other documents evidencing or relating to the cost of any Medical Services provided to or for the benefit of Jesse Paul Tumey for which you seek recovery in this lawsuit RESPONSE: REQUEST NO. 27: All documents evidencing any lost earnings or earning capacity, past or future, allegedly suffered by any of you for which you seek recovery in this lawsuit RESPONSE: Defendant DuPont's First Set of IkterroOatories and requests pc* production to Plaintiff Jesse Paul Turney Page 11 REQUEST NO. 28: All documents, tangible things, reports, models, and data compilations relating to this lawsuit that have been provided to, reviewed by, or prepared by or for any expert that you may call to testify (either live or by deposition) with respect to any of your claims against DuPont. RESPONSE: REQUEST NO. 29: The current resume and bibliography ofeach expert that you may call to testify with respect to any ofyour claims against DuPont RESPONSE: REQUEST NO. 30: The current resume and bibliography of each consulting expert whose mental impressions or opinions have been reviewed by any expat that you may call to testify with respect to any of your claims against DuPont RESPONSE: REQUEST NO. 31: All diaries, daily journals, log books, notes ofevents, conditions or conversations, videos, and any other similar type of document, created or written by any of you or by any other person, which sets out, describes, relates, or depicts events, conditions, or conversations which in any way relate to Jesse Paul Turney's alleged exposure to asbestos, any conduct of DuPont relating to Jesse Paul Turney's alleged exposure to asbestos, or any injury, disease, or medical treatment allegedly resulting from Jesse Paul Turney's exposure to asbestos, including but not limited to the effect of such injury, disease, or treatment on your life or on the lives of any of your family members. RESPONSE: Defendant DuPont's rust set of Interrogatories and Requests tor Production to Plaintiff Jesse Paul Turney Page 12 Respectfully submitted. Larry E. Cotten State Bar No. 04861600 DennU M. Conrad State Bar No. 04706400 S. Jan Huebcr State Bar No. 20331150 Kjrkley Schmidt & Cotten, 2700 City Center II 301 Commerce Street Fort Worth, Texas 76102-4127 Telephone: (817) 338-4500 Facsimile: (817)338-4599 ATTORNEYS FOR DEFENDANT E. L do Font de Nemours and Company Certificate of Service A true and correct copy ofDefendant DuPont's First Set of Interrogatories and Requests for Production to Plaintiff Jesse Paul Turney was served by certified mail, return receipt requested on this____ day March, 2001, on Plaintiffs attorney, Stephanie Finch, BaRON &Budd, P.C., 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Counsel for DuPont Defendant DuPont's First Set of Interrogator's and REQUESTS FOR PRODUCTION TO PLMNTUT JESSE PaUL TURNEY Page 13 MNNB M. CONRAD urxyx cotton BRUN D. ESBNWHN snmt j, cordon PAULK HANSON STEVENK HAYES $. JAN BOBBER J. LYND8LL KDUCLKY ROBERT D. MARTINEZ RANDALL SCHM1DT Ktrkley Schmidt & Cotten, l.l.p Attorneys at Law 2700 CITY CENTER U 301 COMMERCE STREET FORT WORTH. TEXAS 76102-4127 March 12,2001 Via Facsimile (214) 520-1181 Ms. Stephanie Finch Baron &Budd,P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 fc DAN BERRYMAN JVlie M. CHSimKSEN BRENDA X. FERGUSON MICHAEL H. MARTIN CHARLES G. POOLS DONALD W. SHELTON, U OF COUNSEL JAMBS P GEOKGB TELEPHONE: (817) 338-4300 SwmJEs* Re: Cause No. 00-03032-00-0-B; John Wayne Walker, et al. v. OAF Corporation (successor to Ruberoid Corporation), et al.\ In the 117th Judicial District Court of Nueces County, Texas. Dear Stephanie: As provided by Paragraph 10 of Judge Hunter's Standing Order #1 ofMay 30,1997, attached please find Defendant DuPont's proposed First Set ofInietiogatories and Requests for Production to PlaintiffJesse Paul Tumey. We believe that this discovery is non-duplicative of die Master Discovery previously answered by PlaintiffTumey. Please let this letter serve as our conference on this matter. If you would like to discuss our proposed discovery, do not hesitate to call me. If 1 have not heard from you by Thursday, March 15, 2001,1 will assume that you have no objections and I will proceed to serve this discovery. Sincerely, Enclosure