Document Yo2j173n2VY15zLggRn7XRLO
D V K C M A . O O S 9 E T T . S P E N C E R . G O O O N O W 8> T R IG G 3 5 T M FLO O R 4 0 0 R E N A IS S A N C E C E N T E R D C T R O tT . M IC H IG A N 4 G E 4 3
Infotnation is provided herein for discovery purposes only end without prejudice to either the foregoing General Objection or objections to specific interrogatories; all such objections are reserved.
Answer to Interrogatory Is Por the Ford plant at Mt. Clemens, 1952.
Answer to Interrogatory 2: See answer to Interrogatory 1.
Answer to Interrogatory 3; Mo, with respect to the Ford plant at Mt. Clemens.
Answer to Interrogatory 4: See answer to Interrogatory 3.
Answer to Interrogatory 5s a. Marvinol 22 and Marvinol 23. b. Marvinol 22 and 23-1960 through 1963 and 1966 through 1975. c. Polyvinyl chloride homopolymer.
Answer to Interrogatory 6: a. PVC resin. b. See answer to Interrogatory 5(a) and (c). c. Determined by customer, in this case, apparently to be used for the SAnufacture of vinyl-coated fabric for automobile upholstery. d. Bags or bulk. e. Yes. Many other ingredients, depending on the end use.
Answer to Interrogatory 7s a. See answer to Interrogatory 1.
2
URL 08415
D V K E M A . G O M E T T . ER EN C ER . G O O D N O W T R IG G 3 S T H F LO O R AOO R E N A IS S A N C E C EN TER D E T R O IT . M IC H IG A N 4 S E 4 3
-b. It is a generic chemical which was discovered in the 19th century and has been in widespread use for thousands of consumer and industrial products for approximately 40 years. Marvinol 22 and Marvinol 23 are typical PVC resins differing from each other only in molecular weight.
c. Marvinol 22 and Marvinol 23 are generic chemicals.
d. Marvinol 22 and Marvinol 23 are made using the suspension process, we have not yet been able to locate such records, if they,still exist, they would be at Uniroyal's Painesville, Ohio plant.
e. This question is ambiguous. Assuming it refers to testing at or about the time PVC originally was designed and developed. Uniroyal has no such records.
f. There was no one person or particular group of persons responsible for the adaptation of avail able process technology to the ultimate processes used by Uniroyal. The processes evolved through incorporation and implementation of various then-existing technology. Many people partici pated, but the names and qualifications of those persons in connection with the extent to which they affected the evolution of the process used by Uniroyal is not presently available. Those persons would have held degrees as either chemists or chemical engineers.
Answer to Interrogatory 8s
This interrogatory is ambiguous as to time, is over
broad as it seeks information irrelevant to this action, and is
unduly burdensome. Marvinol 22 and Marvinol 23 are solids in
granular form, similar to sugar, and are not likely to be in
haled. No meetings were held with respect to such an occur
rence when the product first was developed.
Answer to Interrogatory 9s
No instructions or warnings were given to the Ford
plant at Mt. Clemens concerning the use or handling of Marvinol
\2 or Marvinol 23 in connection with the specific type of in-
uries alleged by plaintiffs
3
URL 08416
OVKCMA. G 08SCTT. SPENCER. GOODNOW 8 TRIGG 3 S t H FLOOR 4 0 0 RENAISSANCE CENTER DETROIT. M IC H IG A N 48X 49
V
Answer to Interrogatory 10: See answer to Interrogatory 9.
Answer to Interrogatory 11s Uniroyal did not develop Marvinol 22 or Marvinol 23.
At all times. Uniroyal complied with all safety standards, orders, regulations, laws, rules and design requirements of federal, state and ivcal uU*wiities, including those of the Pood and Drug Administration, the U, S. Department of Agricul ture and the American Conference of Government Industrial Hygienists.
Answer to Interrogatory 12: See answer to Interrogatory 11.
Answer to Interrogatory 13: Ho records are presently available which contain in
formation requested by this interrogatory. However, Marvinol 22 and Marvinol 23 shipped to Ford's Mt. Clemens plant would likely have been changed only with respect to particle size distribution.
Answer to Interrogatory 14: If the words "with the product" as used in this inter
rogatory mean "in connection with the handling or use of Marvinol 22 or Marvinol 23 at Ford's Mt. Clemens plant," the answer is "No."
Answer to Interrogatory 15: The determination of the type of protective respirator
jor mask was made by OSBA. Uniroyal has conplied with OSHA regulations.
4
URL 08417
O V K C M A . G O SSETT. G R EN C C R , GOOOM OW T R IG G 3 STM F L O O R 4 0 0 R E N A IS S A N C E C E N T E R O ETR O IT. M IC H IG A N 4 S * 4 S*
i
Answer to Interrogatory 16: Uniroyal manufactured and sold Marvinol 22 and
Marvinol 23 to the Pord plant at Mt. Clemens at the times stated in the answer to Interrogatory 5. Those PVC resin products were polymerized by Uniroyal.
Answer to Interrogatory 17: PVC resins contain small amounts of residual VCM in
the resin particles. Marvinol 22 and Marvinol 23 shipped to Ford's Mt. Clemens plant in 1974 would have contained less than 0.02 percent residual VCM. In 1975, the percentage would have been less than 0.01 percent. Uniroyal has no records for VCM content of Marvinol 22 and Marvinol 23 prior to those years.
Answer to Interrogatory IS: Uniroyal objects to this interrogatory in that the
words "release detectable amounts" without further description is ambiguous. For example, Marvinol 22 and Marvinol 23 would not have released amounts of VCM detectable by smell. Certain sophisticated scientific analytical tests were available in 1974 which were used to measure minute amounts of VCM in PVC resin. No analytical method, to Uniroyal's knowledge, was available before 1974, which could reliably measure minute amounts of VCM in air. Until 1974, the available tests would not reliably measure very low levels of VCM in PVC resin.
Answer to Interrogatory 19: See answer to Interrogatory IB.
Answer to Interrogatory 20: This interrogatory is identical to that designated as
number 16.
5
DVKEMA. O O M C TT. P E N C E *. OOOONOW ft TRIGG 3STH FLOOR 4 0 0 RENAISSANCE CENTER DETROIT. M IC H IG AN 4 *1 4 3
Answer to Interrogatory 21s Ford Motor Company considered that Marvinol 22 con
formed to its specification number M96F60. Uniroyal has not yet been able to identify from its records the specifications under which Ford chose Marvinol 23.
Answer to Interrogatory 22: Mo.
Answer to Interrogatory 23s Mo. a. Mot applicable. b. The products are not volatile and heat stability is inherent in the products.
Answer to Interrogatory 24: No. a. During material times, upon information and be lief, Ford Motor Company aiaintained industrial hygiene employees to inspect for the safety of its employees, and Uniroyal has no information of having been requested to inspect the Ford facility for safety purposes. b. Not applicable.
Answer to Interrogatory 25: See answer to Interrogatory 24.
Answer to Interrogatory 26: Not applicable. (Interrogatories 26-29 are answered
on the assumption that the "inspections" referred to therein are the same inspections "relating to the safety to the users of the product" referred to in Interrogatories 24 and 25.)
Answer to Interrogatory 27: Not applicable.
Answer to Interrogatory 28: Not applicable.
6
URL 08419
D V R C M A . GOGGETT. RRCNCER. G O O O N O W T R IG G * 3 STH FLO O R 4 0 0 R E N A IS S A N C E C EN TER D E T R O IT . M IC H IG A N 4 fc *4 S
Answer to Interrogatory 29: Hot applicable*
Answer to Interrogatory 30: Uniroyal believes there was some advertising of
Marvinol 22 and Marvinol 23 in trade publications and technical specification sheets given to users. It is searching for that material.
Answer to Interrogatory 31: No such general advertisements were a part of the
marketing program for Marvinol 22 and 23.
Answer to Interrogatory 32: In 1974, B. F. Goodrich submitted a written report to
NIOSH in connection with hearings on occupational exposure to VCM. A copy of that report can be obtained from NIOSH.
Answer to Interrogatory 33: See answer to Interrogatories 8 and 9.
Answer to Interrogatory 34: See answer to Interrogatory 6(e).
Answer to Interrogatory 35: See answers to Interrogatories 8 and 9*
Answer to Interrogatory 36: This interrogatory cannot be answered in its present
form because of the ambiguous, non-specific, undefined refer ence to "deleterious materials other than VCM." Although it is -uncertain what plaintiffs mean by the quoted phrase. Uniroyal Knows of no "deleterious materials other than VCM" in the PVC resin itself. As to fabricating processes in which the PVC resin may be used. Uniroyal is without sufficient information
7
URL 08420
D YKKM A. O O ttC T T . SRCNCCR. GOODNOW A TR IG G 3STM FLOOR 4 0 0 R EN AISSAN C E CENTER OCTROIT. M IC H IG A N 4 C t4 S
w,
i- )
about "deleterious materials" which may be used as additives by purchasers in those processes.
Answer to Interrogatory 37: Uniroyal does not "recognize" that Marvinol 22 and
Marvinol 23 are "associated" with the plaintiff's condition as
..--x
described in the complaint. '`jjTo Uniroyal's knowledge, no recog nized, reliable studies have made that association^
Answer to Interrogatory 38: Uniroyal objects to this interrogatory on the ground
that the word "unimpaired" has no meaning in the context in which it appears and the question cannot be answered as posed. According to studies published by The Dow Chemical Company, when VCM is inhaled, it is metabolized by certain animals or it is exhaled. This answer is given under the assumption that "unimpaired" means "unchanged."
Answer to Interrogatory 39; No.
Answer to Interrogatory 40s Uniroyal objects to this interrogatory as overly
broad. Uniroyal has no records which show causation between VCM exposure and death of its employees from "liver disease" or causation between VCM exposure to its employees and "liver disease."
Answer to Interrogatory 41: No, with respect to "toxic hepatitis" alleged by
plaintiffs.
8
D V N C M A . G O M tT T . tP C N C tn . G O O O NO W TR IG G 3 # T M F LO O A 4 0 0 M C N 0 IM A N C C C EN TER D E TR O IT, M IC M IO # N 4 t I 4 9
i
Answer to Interrogatory 42: Uniroyal objects to this interrogatory on the ground
that it is vague and ambiguous and totally unrelated to the claims in the complaint. Insofar as it requests information concerning a diagnosis of "toxic hepatitis" caused by exposure to Marvinol 22 or Marvinol 23# Uniroyal has no knowledge of such a diagnosis.
Answer to Interrogatory 43s Uniroyal does not know of any lawsuit against it in
which the claim is that the plaintiff contracted "toxic hepatitis" from exposure to Marvinol 22 or Marvinol 23, except this one.
Answer to Interrogatory 44: Uniroyal has not conducted the test described in this
interrogatory at Ford's Mt. Clemens plant in connection with the use by Ford of Marvinol 22 and 23 for many reasons, nofthe least of which were that the Ford Motor Company did not request it and that it had several suppliers of PVC resin.
URL 084
Answer to Interrogatory 45s 1974.
r'-j
Answer to Interrogatory 46s Yes. The OSHA standard, 29 CFR 51910.1017, required
such monitoring.
Answer to Interrogatory 47:
| Uniroyal is not presently conducting air sampling in L-eonnection with VCM.
9
O TKEM A. G O M ir r . ERENCCR. GOODNOW A TRIGG 3STH FLOOR 4 0 0 R E N D IM D N C E CENTER DETROIT. M IC H IG A N D M 4 3
Answer to Interrogatory 46: Uniroyal objects to this interrogatory as irrelevant.
See answer to interrogatory 46. None with respect to preven tion of "toxic hepatitis." Answer to Interrogatory 49:
None with respect to a connection between exposure to VCM or Marvinol 22 or Marvinol 23 and "toxic hepatitis" or the conditions complained of in this action. Answer to Interrogatory 50:
See answer to Interrogatory 49. Answer to Interrogatory SI:
See answer to Interrogatory 49.
Answer to Interrogatory 52s See answer to Interrogatory 49.
Answer to Interrogatory S3: See answer to Interrogatory 49.
Answer to Interrogatory 54: See answer to Interrogatory 49.
Answer to Interrogatory 55s See answer to Interrogatory 49.
Answer to Interrogatory 56: Not yet determined.
--Answer to Interrogatory 57: See answer to Interrogatory 56.
10
URL 08423
D VKEM A. GOSSETT. BRCNCER. GOODNOW ft TRIG G 3STH FLOOR 4 0 0 R E N A IS S A N C E CENTER OETROtT. M IC H IG A N 4B 14S
Answer to Interrogatory 58; See answer to interrogatory 56.
Answer to Interrogatory 59: See answer to Interrogatory 56.
Answer to Interrogatory 60; See answer to Interrogatory 56.
Answer to Interrogatory 61s See answer to Interrogatory 56.
Answer to Interrogatory 62! See answer to Interrogatory 56.
Answer to Interrogatory 63: See answer to Interrogatory 56.
DATED: May 20, 198u
11
URL 03424
VERIFICATION
STATE OF NEW YORK COUNTY OF NEW YORK
) ) SS )
VIRGINIA K. SMITH, being first duly sworn, deposes and says that she is an officer of Uniroyal, Inc., authorized to make this affidavit and to state that the foregoing Answers to First Set of Interrogatories to Defendants are true to the best of Uniroyal's knowledge, information and belief.
Subscribed and sworn to before me
this
^ day of May, 1980.
nV
!' Notary Public
fftTUFMC e. niit *. kai: a N . 4i73
i
'Ufy l-t-CL' /W
VIRGINIA K. SMITH /
__
A
UPL 08425
I
\
O V R K M *. Q O M C T T . IP C N C O t. G O O D H O W T R IG G 3 S T H FLO O R 4 0 0 R I N A I M lN C C C E N TE R D E TR O IT. M IC H IG A N 4 R I4 9
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STANLEY MIKYSKA and JOYCE MIKYSKA, his wife.
-vs-
Plaintiffs,
Civil Action No. 870769
UNION CARBIDE CORPORATION,
Hon.
a foreign corporation,
DIAMOND SHAMROCK CORPORATION,
a foreign corporation,
STAUFFER CHEMICAL COMPANY,
a foreign corporation,
TENNECO CHEMICALS, INC.,
a foreign corporation,
UNIROYAL, INC.,
a foreign corporation,
ALLIED CHEMICAL CORPORATION,
a foreign corporation,
HOOKER CHEMICALS 6 PLASTICS CORP.,
a foreign corporation,
B. F. GOODRICH COMPANY,
a foreign corporation,
FIRESTONE TIRE 6 RUBBER COMPANY,
a foreign corporation,
GOODYEAR TIRE & RUBBER COMPANY,
a foreign corporation.
James Harvey
Defendants.
/
PROOF OF SERVICE
STATE OF MICHIGAN) )ss
COUNTY OF WAYNE )
DEBRA C. LENZNER, being first duly sworn, deposes and
says that on the 20th day of May, 1980, she did serve a copy of
Defendant Uniroyal Inc.'s Answers to First Set of Interrogatories
to Defendants and a Proof of Service upon:
Paul G. Bogos, Esquire ^Eogos, Bogos 6 Kefgen
1470 Penobscot Building Detroit, Michigan 48226
by placing a copy of said pleadings in an envelope addressed as
URL 08426
above with proper postage affixed and depositing same in the United States Mail.
*
Subscribed and sworn to before me this^20th day of May* 1980.
^ DEBRA C. EENZNEi
v
J
Mot^Ary
Public^
uum a coke* Notary Public, Wsyns County, Mleh. My Commission Expires July 13 1M3
D V K E M A . G O S S E TT. S P E N C E S . O O O DM O W T R IG G 3 STM FLO O R SOO R E N A IS S A N C E C E N TE R OETRCUT, M IC H IG A N 4 S I4 3*
URL 08427
-2-