Document YDJxzOo67aBKnjO4GjnBY6rdk

IL075.ASB 04/02/93 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN MOLLIE CRABTREE, Individually and as Special Administrator of the Estate of CHARLES CRABTREE, deceased, Plaintiff, v. ARMSTRONG WORLD INDUSTRIES, INC., et al., Defendants. ) ) ) ) ) No. 91 L1 ) ) DEFENDANT, OWENS-ILLINOIS, INC.'S ANSWERS TO PLAINTIFF'S INTERROGATORIES PRELIMINARY STATEMENT Some of the events which may be relevant to the matters inquired about by Plaintiffs' Interrogatories apparently occurred more than thirty-five years ago. In addition, effective April 30, 1958, Owens-Illinois, Inc. disposed of the business involved in this action by way of sale of that business to OwensCorning Fiberglas Corporation. Since that time, Owens-Illinois, Inc. has not engaged in any such business. It does not now and it has not since that sale manufactured, distributed or sold any asbestos-containing products. As a result of the foregoing factors, many of the individuals who might have had personal knowledge of the matters to which plaintiffs' interrogatories relate are deceased, or are otherwise unavailable to OwensIllinois, Inc., and investigations to date indicate that at least some documents which relate to matters inquired about by these interrogatories were transferred to Owens-Corning Fiberglas Corporation with the transfer of the business in question in 1958. Owens-Illinois, Inc. is engaged in a continuing investigation in an attempt to locate, confirm the transfer of, or confirm the absence of, such documents and is also engaged in app i q iqqi a continuing investigation into the matters inquired about in these interrogatories. Unless otherwise stated in an answer to a specific interrogatory, the answers set out hereinafter are limited to the period during which Owens-Illinois, Inc. manufactured asbestos-containing insulation products and to the facilities related to that business. The following is a part of and is incorporated by reference in every answer provided hereinafter: This answer is accurate as of the date mader However, Owens-Illinois, Inc.'s investigation is continuing, and Owens-Illinois, Inc. cannot exclude the possibility that it may be able to obtain more complete information or even information which indicates that the answer being supplied is incorrect. Owens-Illinois, Inc. objects to answering this interrogatory in regard to any period of time other than the period during which it engaged in the business involved in this case which ended in mid-1958 or concerning any facility not related to that business, on the basis that any such answer would be irrelevant to the subject matter of the pending litigation, would not be reasonably calculated to lead to the discovery of admissible evidence, and would be burdensome and oppressive. Furthermore, Owens-Illinois, Inc. objects to the instructions and definitions supplied by plaintiffs with regard to these interrogatories, on the basis that the defini tions are overly broad, vague, and often inconsistent with the normal usage and meaning of such words, and the instructions are overly broad, burdensome and constitute an unreasonable expansion of the interrogatories themselves. Owens-Illinois, Inc. therefore gives notice that it does not consider itself bound by the instructions and definitions propounded by plaintiffs, and 2 instead shall answer the interrogatories in a manner consistent with a normal understanding of the language used in the interrogatory and to the extent necessary to -fairly and fully answer the interrogatory. Q. 1. Have these interrogatories been answered fully and in good faith to the extent of the actual knowledge and information available to Defendant, OWENS-ILLINOIS, INC., its insurance carrier(s) and attorneys? A. 1. Yes. Q. 2. Did Defendant ever sell asbestos or asbestos-containing products to be used at Caterpillar, Inc., East Peoria and/or Peoria, Illinois? If so, state: a) When Defendant first sold asbestos or asbestos-containing products to be used at Caterpillar, Inc., East Peoria and/or Peoria, Illinois; b) When Defendant last sold asbestos or asbestos-containing products to be used at Caterpillar, Inc., East Peoria and/or Peoria, Illinois. A. 2. This defendant has found no records indicating that it sold, distributed, or otherwise supplied insulation products containing asbestos to Caterpillar, Inc. Q. 3. Did Defendant ever ship asbestos or asbestos-containing products for use at Caterpillar, Inc., East Peoria and/or Peoria, Illinois? If so, state as to each shipment: a) The date of the shipment; b) The quantity shipped; 3 c) Identify the contract under which the shipment was made; d) The name, position at that time, and current address, employer, and position of each person who had knowledge of such shipment. A. 3. This defendant has found no records indicating that it sold, distributed, or otherwise supplied insulation products containing asbestos to Caterpillar, Inc. Q. 4. Did Defendant ever contract with Caterpillar, Inc., or any of its corporate affiliates or successors, for the sale of asbestos or asbestos-containing products? If so, state the following information as to each such contract: a) The date the contract was executed; b) The contract number of other method of identifying the specific contract; c) The type, quantity, and unit price of the asbestos or asbestos-containing products involved. A. 4. This defendant ceased the manufacture, sale and distribution of asbestos-containing products in 1958. This defendant has not found information in its records sufficient to enable it to answer this interrogatory. However, this defendant has found no records indicating that it sold, distributed, or otherwise supplied insulation products containing asbestos to Caterpillar, Inc. Q. 5. With what companies, if any did Defendant contract to obtain asbestos or asbestos-containing 4 products for resale to Caterpillar, Inc., East Peoria and/or Peoria, Illinois? For each such company, state the following: a) the name of the company providing the asbestos or asbestos-containing products; b) The dates the contracts were executed; c) The type of types of asbestos or asbestoscontaining products involved; d) The quantity of asbestos or asbestoscontaining products involved; e) The contract number or other method of identifying the specific contract; f) the name, position at that time, and current address, employer, and position of each person who had knowledge of such contract. A. 5. Not applicable to this defendant. This defendant did not engage in the business of purchasing other manufacturers' asbestos-containing products for resale. Q. 6. Did any employee or agent of Defendant ever visit Caterpillar, Inc. at East Peoria and/or Peoria, Illinois? If so, state as to each visit: a) The date; b) The name, position, and employing agency at that time and current address, position and employer of each person who made the visit; c) The name and current address of each other person present at the time of the visit; d) Whether any documents were prepared which reflect the date of the visit, who was present, or the reason for the visit; e) If your answer to (d) is affirmative, identify the documents. 5 A. 6. This defendant ceased the manufacture, sale and distribution of asbestos-containing products in 1958. This defendant has not fouhd information in its records sufficient to enable it to answer this interrogatory. However, this defendant has found no records indicating that it sold, distributed, or otherwise supplied insulation products containing asbestos to Caterpillar, Inc. 6 AFFIDAVIT STATE OF OHIO COUNTY OF LUCAS ) )SS: ) A. H. SMITH, being duly sworn according to law, deposes and says that he is an Assistant Secretary of Owens-Illinois, Inc., a defendant herein; that as such he is authorized to make an Affidavit on its behalf; and that the facts set forth in the foregoing DEFENDANT, OWENS-ILLINOIS, INC.'S ANSWERS TO INTERROGATORIES, are true and correct to the best of his knowledge, information and belief. fl*. H. A. H. SMITH MARY JANET CBAWTOtO Notary ^ubfic, Sun of OMo My Commalion Elftfra* f-A'M CERTIFICATE OF SERVICE The undersigned certifies that a copy of Owens-Illinois, Inc.'s Answers to Plaintiffs Interrogatories and Request for Production was served upon plaintiff's counsel and a copy of the same was sent to all attorneys set forth on the attached service list by enclosing the same in addressed envelopes, postage prepaid, and by depositing said envelopes in a U.S. Post Office Box in Chicago, Illinois on April 14, 1993. __ Thomas P. Hfen/ghan ATTORNEYS FOR PLAINTIFF James Walker James Walker, Ltd. 207 W. Jefferson Street P.O. Box 3455 Bloomington, Illinois 61702-3455 SERVICE LIST ATTORNEYS FOR DEFENDANTS A & M Insulation Edward J. Matushek, III Haskell & Perrin 200 West Adams Street, Suite 2600 Chicago, Illinois 60606 Gregory C. Knapp, Esq. Saint & Ambrose, P.C. 115 W. Jefferson, Suite 303 Bloomington, Illinois 61701-3904 Owens-Corning Fiberglas John Dames Kelley, Drye & Warren 303 W. Madison, 14th Floor Chicago, Illinois 60606 Fibreboard Corporation Michael Connelly Connelly, Mustes & Schroeder 208 S. LaSalle Street, Suite 1800 Chicago, Illinois 60604 Combustion Engineering Robert Haley Wildman, Harrold, Allen & Dixon One IBM Plaza, Suite 3000 Chicago, Illinois 60611 .Armstrong World Industries, and GAF Corporation Christopher P. Larson Heyl, Royster, Voelker & Allen 600 Jefferson Bank Building 124 South West Adams Peoria, Illinois 61602 Pittsburgh Corning Corporation Joel A. Poole Polsinelli, White Vardeman & Shalton 700 West 47th Street, Suite 1000 Kansas City, Missouri 64112 Brand Insulations Thomas Platt Kumik, Cipolla, Stephenson, Barasha & O'Dell, Ltd. 120 West Eastman Arlington Heights, Illinois 60004 Keene Corporation William Osantowski Cheatham Acker & Sharp 5777 West Maple Street, Suite 130 Bloomfield, Michigan 48322 Flintkote Francis A. Spina Tressler, Soderstrom, Maloney & Priess 2100 Manchester Road, Suite 950 Wheaton, Illinois 60187 W.R. Grace Bret Babcock Babcock Law Offices 411 First National Bank Building Peoria, Illinois 61602 Sprinkmann Sons Corp. James L. Hafele, Esq. Hafele, Thiemann & Assoc. 1100 First National Bank Bldg. Peoria, Illinois 61602 Abex Robert W. Scott Swain, Hartshorn & Scott 1806 First Financial Bank Bldg. 411 Hamilton Blvd. Peoria, Illinois 61602 Empire Ace Stephen Kevelson Empire Ace Insulation Mfg. Co. One Cozine Ave. Brooklyn, NY 11207