Document ZjqvbO3DwmK6B7EkK9EzXyn7

SHEIN & BROOKMAN, P. A. BV| Robert E. Paul, Esquire IDENTIFICATION NO. 21252 2233 LAND TITLE (1LDG. PHILADELPHIA, PA. 19110 (213) LO 8-2656 Vernell London, Executrix of the Estate Birk Reed vs. Flintkote Co., et al. To the herein .f&uxNj&w.you are hereby notjfiglta pleadto the . within days otiervice thereof or a default judgment may be f against you. jMdJQt for/ PLAINTIFF'S EXHIBIT MAR-28 CO UR T OF COMMON PLEAS DIVISION May TERM. 198:5 No 6 84 9 ANSWERS OF MAREMONT CORPORATION TO PLAINTIFFS' INTERROGATORIES TO DEFENDANT; '`lAREMONT CORP. Plaintiff Vernell London , by her attorneys SHEIN & BROOKMAN, P.A., demand that Defendants or their agents, servants, and employees respond to each of the Interrogatories set forth below in a full and * complete manner. Defendants shall respond to the'se Interrogatories a to their relation to the places of employment of employee plaintiff o if deceased the plaintiff's decedent, Birk Reed , particularly 1941 1943 - Foote Mineral Co., Ext.on, PA; 194 3 - Disston & PA; 1943 - Proctor & Schwartz, Phila., PA; 1943 - Sun (SEE ATTACHED SHEET) Sons, Ship, Inc., Phi la Chester; % */ 19-16 James Morrissey, Inc. , Phila., PA 1947 1954 Budd Co., Phila. PA 1948 Campbell Soup, Camden , NJ 1951 1952 Midvale Co., Nice town, PA. 1952 - 1976 Vehicle Mechanic, Post Office That is, defendants shall answer whether they sold to Sun Ship, Chester, PA and the'other places of employ ment of employee plaintiff or if deceased the plaintiff's decedent, what products they sold, when they sold it, and how much they sold. They shall state what labels and instructions were used in the sale. The plaintiffs demand that answers under oath be filed and served within thirty (30) days of receipt. These interrogatories are continuing in character and require the filing of supplemental answers if defendant(s) obtain further or different information after the initial answer. The term "asbestos product" shall refer to raw asbestos includ ing chrystolile, amosite, or crocidolite asbestos and to finished asbestos products. If you mined and sold only raw asbestos, please answer all the interrogatories by reference to such products. If you manufactured and sold finished asbestos containing products, please answer by reference to said products. SHEIN BROOKMAN, P.A. ROBERT E. PAUL Attorney for Plaintiff(s) I 1. Please identify each person who has supplied information used in answering these interrogatories and specify the interrogatories for which he is responsible. Jonathan Sherr, Esquire Frank Skelton 2. Identify each person who was questioned or consulted in order to answer these interrogatories. . See answer to Interrogatory No. 1. 3. Identify each document that was examined, reviewed, and/or used in answering each interrogatory and specify the interrogatory None. < 3- - ) 4. Please state whether or not you are a corporation. If so, state: . (a) Your correct corpora^ name; (b) The state of incorporation; (c) The date of your incorporation; (d) the address of your principal place of business; (e) The addresses of any other places of business; (f) Whether or not you have ever held a certificate of authority to do business in this state; (g) Whether or not you have a registered agent for the purpose of accepting service in this state, and if so, the name and present address of that agent; (h) State your corporate purposes; (i) State whether or not you have or have had subsidiary or predecessor corporation(s) , and if so; 1. The name of the subsidiary and/or predecessor; 2. Its date(s) of incorporation', if a corporation; 3. Its state(s) of incorporation; 4. Its corporate purposes. a) Maremont Corporation. b) Delaware c) d) 200 E. Randolph Drive Chicago, ILLINOIS e) (See attachment sheet) f) Yes 9) Yes-Ct. Corp. ( h) General i) (1) Grizzly Manufacturincr Corporation (2) Prior to 1941 (3) Will be supplied. (4) General 4- - INTERROGATORIES CONTINUED: No. 4(e). Maremont Corporation maintains many places of business. Answering Defendant objects to this Interrogatory on the basis that it is burdensome, calls for the making of an unreasonable investigation, and calls for the discovery of information entirely irrelevant to this proceeding. 5. State whether you have cc^rtrolled, purchased or in any way acquired any interest in any corporation or business entity which has mined, manufactured, produced, processed, compounded, con verted, sold, merchandised, supplied, distributed, and/or other wise placed in the stream of commerce, raw asbestos or finished asbestos products and if so, state: yes. Grizzly Mfg. Corp. (a) The name and address of said corporation or business entity; (b) The date(s) you controlled, purchased or acquired any interest; (c) r'he manner of acquisition, including percentage of ownership; (d) Identify all documents with respect to the above; 6. State whether you have at any time directly or indirectly been engaged in the mining, manufacturing, producing, processing, compounding', converting, selling, merchandising, supplying, distributing, and/or otherwise placinq in the stream, of commerce of raw asbestos or finished asbestos products. If so, be specific in (your answer ana state as to each such asbestos product: (a) The trade name, general name and/or other identification of each asbestos product> taw or finished; (b) The dates during which you mined, manufactured, supplied, distributed, and/or otherwise placed in the stream of commerce each such asbestos product; (c) The intended use of each such asbestos product; (d) Furnish a complete description of each such asbestos product including the type of asbestos contained therein and the percentage of asbestos contained m said product; (e) Describe the physical appearance including color of each such product specifying whether the said product was/is sold in a solid, loose, powdered or other form; (f) Identify the location of each plant or facility which produces each of the aforesaid asbestos products; -'j- 6. (a) Grizzly, Leland, All-In-One (A.I.O.), Ultra, Safety Grin, Over-The-Counter (O.T.C.) (b) Objection. This calls for the making of an unreasonable investigation and is unduly broad and burdensome. (c) Friction products. (d) All products are used as friction products. Defendant objects to oroviding the percentage of asbestos contained in the product on the basis of trade formula and trade secret. (e) All products are solid products used for brakes. (f) Products were produced former! yit the Paulding, Ohio plant. 7. Do asbestos products that you mine, manufacture, produce, process, compound, convert, merchandise, supply, distribute and/or otherwise place in the stream of commerce require any further change or modification before being put to their ultimate use by the user? For example, is there any mixing or cutting that has to be done: If there are any changes or modifications what soever, state the specific nature of the change or modification. All friction products that were distributed by Maremont Corporation did not require any further change or modification except the All-In-One product and OTC product wnicn might have required grindin 8. State whether you presently mine, manufacture, produce, process, compound, convert, sell merchandise, supply, distribute, and/or otherwise place in the stream of commerce the product(G) previously listed in interrogatory 6. NO. t \ 6- - 9. Identify all distributors of your asbestos products and state: (a) The date(s) your produces) were sold or delivered to said distributor; (b) The quantity or type of product(s) sold or delivered to said distributor; (c) Identify and produce all documents relating to said distributor; (d) Whether any agreement concerning third party liability existed between you and the distributors; and if so, if such agreement was in writing, attach a copy of such agreement; if such agreement was oral, then set forth fully the terms and th_- identity of the persons making such oral agreement. Answering Defendant does not know what is meant by distributors. To the extent this Interrogatory calls for the discovery of information regarding exclusive distributorship arrangements, the response is no. Maremont has no assigned distributor but has on occasion forwarded certain products to warehouse distributors. Records regarding those warehouse purchasers are no longer in existence and such warehouse purchasers cannot be identified. 0. Were any patents or trademarks ever applied for or granted with regard to any product(s) listed in interrogatory 6? if so, for each such product state: (a) The number of each patent; (b) The date(s) issued and to whom issued; (cy) '"he name of each patent application that is presently pending. (a) All-In-One; Req.No. 1,008,126 (b) Registered April 1, 1975 (c) None. 7- - ,1 j 11. Identify each business entity from whom you have received | raw asbestos if you are not a miner or distributor of mineral or j, raw asbestos during the period I including: !i plaintiff's or decedent's employ, j) (a) name of and address of supplier; (b) the date(s); (c) amount; (d) types received; (e) identify and produce all documents relating to such purchase; $ee attached statement. I 12. Identify each business entity from whom you have received || finished asbestos products if you are not a miner or a distributor of mined asbestos indicating; II (a) name and address of said entity; II (b) the date(s) ; (c) amount (s) ; j (d) types received; \ (e) identify and produce all documents relating thereto; 1 Occasionally, Maremont bought disc pads from other brake lining ! manufacturers. The major source of their supply was Lear Siegler, Inc. then !l known as Royal Industries. tl I I 13. Did you sell raw asbestos or finished asbestos products j to the employers of employee plaintiff or if deceased, the plaintiff ' decedent; or did you install or report asbestos Dipecovering. i ! NO. 4 J during or immediately prior to the periods of employment of . If yes, identify (a) dates of sales; (b) amounts of sales; (c) names of finished asbestos containing products sold; (d) amount of raw asbestos sold; Invoice records can be attached to answer this interrogatory. I I 8- - 11. Chrysotile fiber was supplied by Asbestos Corporation Ltd., Bell Asbestos, Cassiar, Atlas, Johns-Manville, and Vermont. Blue Crocidolite fiber was supplied by Ural Asbestos. 14. If you have no records of sales earlier than a date identified in your answer to number 13 supra, will you admit that you sold asbestos products to the companies involved during or immediately prior to the employ of Birk Reed by said companies? NO. 15. Did you sell asbestos products to distributors who would resell your asbestos products to the employers identified in number 13 supra, orship asbestos products to such employers through sales to such distributors? If so, name the distributors* identifying (a) name, address of distributors; (b) asbestos products sold to distributors; (c) raw asbestos sold to distributors; (d) amounts sold; (e) dates of sale; f NO. 9- - yyo 16. Did you, at any time, as/gn or license any of your asbestos products to any person, firm or corporation? If so, state: (a) Identify the assignors or licensee; (b) The purpose of such assignment or license; (c) The name(s) of the produce(s) so assigned or licensed; (d) The time period of the assignment(s) or license; (e) Identify and produce all documents relating to such assignment or license; Yes - Sears was given exclusive permission to use Over-The-Counter and All-In-One products. 17. Did you rebrand any of your asbestos produ.cts for other companies? If so, (a) Identify such companies; (b) Indicate the specific products, rebranded for eaeh company; ) The dates of each such rebranding; at is, did you manufacture or acquire asbestos products and affix e names of other companies to the product or its cpntainers? N$). -10- .17 Since the initial date of said mining, manufacturing'^ producing processing, compounding, converting, selling, merchandising, supplying, distribution.and/or otherwise placing in the stream of commerce your asbestos products as specified in the answer to number 6, advise whether or not there have been any alter ations or changes, then as to said alterations,or changes, state: (a) the trade name(s) of each such product(s); (b) The date(s) each such product(s) was altered or changed; (c) The specific nature and date(s) of each such alteration or change of composition. (d) The reason for each alteration or change of composition; NO. 18. Describe in detail the packages in which you would, distribute or deliver asbestos products to the wholesaler or retailer for resale to companies such as Plaintiff's employers, etating: (a) The type of box or package used; (b) The date each type of box or package was used; (c) A physical description thereof, including the size and ' color of the box or package; (d) A description of size and color of any printed material that appeared on or in said box or package stating; 1. A verbatim statement of any warnings or cautions; 2. The date(s) each such warning or caution was first used and last used. (e) Identify and produce a copy of said warning or caution. Boxes containing Grizzly products were either white cardboard boxes or brown cardboard boxes. The boxes would either have the Grizzly label on the outside or not depending on the arrangement with the customer. Insofaras the arrangement with Sears is concerned, all Sears cartons were plain white with a label prior to 1973. From 1973 to 1976, there was a running change in 1973 to the Over-The-Counter carton with a man working on a car. All-In-One products were still pain white with the label and caution added. From 1976 to 1977, there was a running change beginning in September, 1976 to the Over-The-Counter products with a stop sign and to the All-In-One products to a stop light on the carton and on brochures. The colors red and black were also contained on the product to denote the stop light. -11- 19. Prior to releasing the Usbestos product(s) listed in interrogatory 6 for sale, were any tests conducted on same to determine potential health hazards involved in the use, handling or exposure of the materials contained therein: If so, state: (a) The identity of each individual or firm who conducted such tests; (b) The date, purpose and result of each such test; (c) Identify and produce all documents relating to such tests; No tests on products themselves. Dust monitoring done at Paulding, Ohio plant. 20. Did you make any changes in your asbestos products as a result of such test: If so, state: (a) The product changes; \ (b) The nature of the change made; (c) The purposes of the change; (d) The date of such change; (e) The identity of each person or firm responsible for making the change. No. -12- 21. Has any written material of any kind been prepared by you indicating how your product(s) should be used, applied or handled by the workers who would be reasonably expected to use your asbestos products? If so, please state: (a) Identify each person or firm who prepared same; (b) Identify each person or firm who presently has possession of same; (c) The date(s) and manner in which said material was distributed to purchasers or users of your product (s) ; Id) Identify and produce all applicable documents, Yes. As of 1973 boxes had warnings on either the inside of the box. Separate publications dealing outside o r the with the product and installation instructions were provided with the produc t. 22. If there have been any changes in arly labels, inserts or other information which has ever accompanied any of your products as it was placed on the market, state the reasons therefore and the name and address of the person who recommende or ordered the change. NO. i j 23. 'State the names, titles and addresses of defendant's advertisin i agents who are employed or used in connection with the promotio of the product(s) specified in answer to interrogatory 6, and give a summary of all the instructions given to such agents regarding the uses, safety, and health related effects of the use of the products and their obligations to provide this information to customers. Objection. This calls for the production of information obviously irrelevant to this proceeding. -13- 24. Have you at any time published and/or distributed any document containing any warnings concerning the possibility of illness, disease, or injury resulting from the use of or exposure to the asbestos products listed in answer to interrogatory 6. If so, please state: (a) The wording of each such warning; (b) A description of each such document; (c) The method used to distribute the warnings to persons who are likely to use, handle or be exposed to your product(s); (d) The date(s) such warning was issued; (e) Identify each person who presently has possession of the above-described documents; (f) Identify and produce all the documents mentioned in parts (a) through (e) of this question; (g) In particular, was any warning ever given, either in writing or in any other way concerning the possibility of the ill ness as known as cancer resulting from the use of or exposure to any of the asbestos products listed in answer to inter rogatory 6. (h) How the document and the information involved were communicated to purchasers of the product? See answers to No. 6. (a) (b) (c) (d) ((e) (f) (g) (h) The standard OSHA warning: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BOD HARM. Printed either on the product or on the part containing the product. Printed on carton or product. As of 1973 Unknown. Not available to be produced. Warning speaks for itself. Printed on product or box. -14- 25. Have you ever given any warnings to your employees of dangers of illness and/or disease by reason of their use, handling or exposure to asbestos products: If so, state: (a) The date of each such v/a rning (b) How such warning s were g iven ; (c) If such warnings were or al, sstate the names and add resses of the person( s) gi war nings f (d) If such warnings were wr i tten and receiving such state; 1. The date(s) iof such. warni 2. The present location of s ;) 3. The names and addres ses o individuals who prepared such, warning (s) ; t 4 . Wher e and/or how sue h war ig(s) were posted, 5. The reasons for such warn 3 (s) . (e) Whether or not i n the course of such warnings, there was any rni:ng concer ning the possibi lity contracting the disease known as cancer resulting from the use of or exposure to the asbestos products. in particular, whether there was any warning concerning that type of cancer known as mesothelioma. (a) Periodic safety meetings held. (b) Oral; warning signs. (c) Company personnel. (d) Warnings were provided through periodic safety meetings held at the Paulding, Ohio plant prior to purchase of Maremont's brake lining division by Nutum Corporation in 1976 or 1977. The names and addresses of individuals who prepared any warnings are unknown. (e) Warnings speak for themselves. 4\ -15- 26. Were you ever advised by any member of the medical profession or other profession^fiuch as industrial hygienists occupational hazard professionals or other persons to utilize hazard labels on your products and to give clear and explicit warnings concerning the possibility of cancer, and/cr mesothelioma and/or other serious illnesses and diseases including but not limited to asbestos to those who might use, handle, or be exposed to your asbestos products after they have left your control? Identify this individual or individuals or company set forth the date of this advise, and attach copies of this advise if written. Advise to warn by OSHA and Friction Materials Standards Institute (FMSI). 27. When, if at all, did you first become aware that airborne dust containing some asbestos fibers might be created in the course of the use of your asbestos products by workers in: (a) the pipe insulating trade; 4 !b) textile factories; (c) companies manufacturing asbestos products; (d) other industries such as but not limited to (1) railroads (2) oil burner service (a) Unknown. (b) Unknown. (c) Unknown. (d) Unknown. -16- 28. When did you first become aware that airborne dust containing asbestos fibers or fi/>riles would be created in use or removal of your asbestos products by an insulation worker or other workers could cause esbestosis, pleural thicaning or pleural placque, mesothelioma, or lung cancer? Please identify the date of this knowledge by product whether raw asbestos or a finished product and the date of knowledge that each of the diseases set out could develop from exposure to asbestos. Unknown. 29. If your answer to question 28 is in thA affirmative, please explain whether the Threshold. Limit Value is based on counts of all particles in the air or just the asbestos fibers in the air. Objection. This information is equally available to plaintiff. -17- 30. When did defendant know that any governmental or private agency, or other entity, issued guidelines suggesting Threshold Limit Values for exposure to asbestos dust? If ever: (a) Identify the agency or entity issuing the guideline; (b) State the content of the guideline(s) verbatim; (c) State the date issued and the date you first knew the purpose of the guideline(s). (a) 1972 or 1973 through OSHA. (b)-(c). See Federal Regulations. 31. Does the defendant contend that the asbestos products mined, manufactured, produced, processed, compounded, converted, sold, merchandised, supplied, distributed and/or otherwise placed in the stream of commerce by the defendant are not "hazardous sub stances", as defined in 15 U.S. Code, 1261 (5)? Said definition is incorporated herein by reference, and defendant is required to reply as to all the parts of said definition. if so, state the facts, opinions or conclusions upon which defendant relies to support such contention, and identify each document which is applicable. i t Objection. This calls for a defendant to respond with an opinion of law which is not the proper subject of an interrogatory. -10- I 3 2. Have your asbestos products at any time been subjected to: W (a) Tests or studies by a governmental agency; (b) Test or studies by any independent organization; (c) Tests conducted on humans or animals on your be half or on behalf of any co-defendant in. this action. If your answer to any of the subsections (a) through (d) is in the affirmative, for each test or study state: 1. The date it began; 2. The date it ended; 3. The procedure of the test or study; 4. The number of man hours spent on it; 5. The place where it was conducted. (a) 1. Fran 1973 on there were randan.dust samples prepared by OSHA and the Environmental Protection Agency. The specific dates known are April 9, 1975 and August 29, 1975. 2. Unknown. 3. Dust samples. 4. Unknown. 5. At Paulding, Ohio plant. (b) No. (c) No. f I -19- t  33- Have you, at any time, been a member of any "trade association or association composed of other miners, manufacturers, suppliers, distributors, producers, processors, compounders, converters, sellers, merchandisers, and/or anyone otherwise placing in the stream of commerce asbestos products? If so, state: (a) Identify each such association or organization; (b) The dates during which you were a member? (c) The names of any publication published by or written by such association or organization; (d) The dates and addresses of all other members; (e) What meetings you attended and identify who attended; (f) Who spoke at such meetings; (g) Were transcripts or summaries or minutes or notes made of such meetings? If so, identify the above, tell specifically what was made and give the name, title and address of the person or persons who have custody of the transcripts and/or summaries and or minutes and/or notes mentioned above and state when and where counsel for the plaintiff may examine and copy these documents. (a) Asbestos Information Association; FMSI (b) Will be supplied. (c) Unknown. (d) Information equally available to plaintiff. (e) Frank Skelton. (f) Unknown. (g) Minutes prepared from FMSI meetings - documents available through that organization. -20- 34. the Have you, at any time, been a member of and/or contributed Industrial Hygiene Foundation: If so, state: (a) The dates you were a member and/or contributed; (b) The identifications of any publication of any such organization; (c) What meetings you attended and who attended; (d) Who spoke at such meetings; (e) Where transcripts or summaries or minutes or notes made of such meetings? If so, identify the above, tell specifically what was made and give the name, title and address of the person or persons who have custody of the transcripts and/or summaries and or minutes and/or notes mentioned above and state when and where counsel for the plaintiff may examine and copy these documents. to NO \ -21- 35. State whether you have received any workmen's compensation claim for injury, occupational disease, or death, to any of your employees or to any person^ working as independent contractor for you, or under your direction or to any persons in "contract units" operated by you or your subsidiaries or divisions or to any persons hired on an occasional basis by your agents, employees or directors, in the course of work activity performed by the aforrru .tioned "contract unit" for the following diseases: asbestosis, emphysema, chronic bronchitis, pulomor.ary fibrosis dyspnea, carcinoma of the lungs, or mesothelioma. In answering this question confine your answer to workers who were occupationally exposed to asbestos products by their using, handling, fabricating, installing, removing, mixing, cutting, packing or transporting products containing any percentage whatsoever of asbestos whether raw or finished and whether made by you or made by some other company but used, handled, modified, installed, removed, mixed, cut, packed or transported by the person or persons making the workmen's compensation claim for injury or occupational disease or death whether your employees or contract unit managers or contract unit occasional workers independently contracted for.If there have been any workman's compensation claims within the above-described criteria between the years 1930 and 1978, state: (a) The date you received notice of the claim; (b) The identity of the person making the claim; or on whose behalf the claim was made; (c) The specific disease or illness complained of. In particular, all complaints of: asbestosis, emphysema, chronic bronchitis, pulmonary firosis, dyspnea, carcinoma of the lungs and mesothelioma; (d) The name of any physician or nurse who made any notes on the claim or who inscribed any words whatsoever on any document, paper, letter, book, or record per taining to the evaluation of the facts and/or the merits and/or the medical workup of the claim filed; (e) A brief summary of the substance of the written materials mentioned in section (d); (f) The present location(s) of the documents, medical or otherwise, relevant to the claim files, if any, specified in section (a); (g) An index to the claim files, if any specified in sectioria) showing how, if at all, they are broken down by the defendant in the ordinary course of the defendant's business activity (i.o. by geographical region, by plant ,by profit center, by disease, by injury, by level of compensation demanded, by estimate on the eventual payments that will be required on the claim, by worker's name or number, by contract unit, by date, or in any other way that the defendant as a practical matter in the ordinary course of defendant's business actually breaks down and indexes the claims of the kind specified for purposes of defendant's own internal filing and record keening. (h) The state or federal agency or agencies which would in the ordinary course of defendant's business and in the ordinary course of the state and federal government's business ceive notice of the claims; (i) The indexing or filing system used by those agencies in the respective states^or in the respective federal agencies. v j) The records retention policies concerning claims of the kinds specified in Part(a) of the defendant, and of any state agencies of which the defendant has knowledge in states where the defendant does business, and to which the defendant supplies information concerning claims of this kind. Also include any federal agencies which would receive notice directly or in the defendant's knowledge indirectly as a matter of the ordinary business of the federal government concerning claims of the aforementioned kind; (k) The disposition of said claim(s) including benefits paid or settlements reached or moneys voluntarily paid by your insurers, if any; (l) The last known address of the attorney representing the Claimant, if any. Yes. (a) A total of two claims, one for death and one for injury, were received in 1981. (b)-(l) Objection. This interrogatory is objected to as calling for the discovery of information obviously irrelevant to this proceeding. i -23- I a3 36. Have you ever been named as a party in any action for work- en's compensation benefits fo^ injury, occupational disease, or eath by any of yotfr employees or their estates, or by any persons working as independent contractors for you or under your direction or their estates, or by any directors, managers, or persons involved on a casual labor or occasional worker in dependently contracted for basis in "contract units" operated by yo or their estates where the disease, injury or death was asserted by the Plaintiff and/or claimant in the action to be based in whole or in part on the diseases; asbestosis, emphysema, chronic bronchitis, pulmonary fibrosis, dyspnea, carcinoma of the lungs, or mesothelioma and where the plaintiff and/or claimant in the course of his work experience used, handled, fabricated, installed, removed, mixed, cut, packed or transported asbestos products con taining any percentage whatsoever of asbestos? If so, state os to each claim: i (a) The identity of the Plaintiff and/or claimant and the disease(s) or injury(s) on which the action was premissed; (b) The date is was filed; (c) The name and address of the court, agency, or administrative body, in which it was filed; (d) The term and/or number of the action; (e) The identity of the claimant's attorney; (f) the identity of the claimant's physician; (g) The identity of your physician, and/or expert witnesses; (h) The disposition of the action including any moneys paid voluntarily or by agreement or in settlement by you or by our insurance carrier. See answer to No. 35. < \ -24- \ 37. If you or your insurance carrier have ever paid out money voluntarily, or by agreement, j?x. in settlement, on a claim for the following diseases; asbestosis, emphysema, chronic bronchitis, pulmonary fibrosis, dyspnea, carcinoma of the lungs, or mesothelioma between the years 1930 and 1978, specify for each instance: (a) The amount paid out; (b) Who paid it; (c) Who received the payment; (d) The date of the payment(s); (e) Whether, if it was an agreement, the agreement went on file with any court, agency, or administrative body, and if so, the date and location of the filing; (f) The current location of any document(s) evidencing such voluntary payment, and the name, and address of their present custodian, and the time and place where counsel for plaintiff may examine and copy such document(s). Not applicable. t 38. If you or your insurance carrier have ever paid out money, voluntarily, or by agreement, or in settlement to any employee contractor, contract unit worker, contract unit manager, or casual, or incidental laborer for a claim based on the following diseases; asbestosis, emphysema, chronic bronchitis, pulmonary fibrosis, dyspnea, carcinoma of the lungs, or mesothelioma, state as to each recipent of such funds: (a) His or her identitiy; (b) The identity of his or her attorney; (c) The date the clain was made; 1 (d) The date payment commenced and the duration and anount(s) of payment(s); (e) The insurance carrier making the payment; (f) Whether such agreement was filed in any court; agency or administrative body, if so, state: a. The date it was filed; b. The location of such filing; (g) The currf location of any document(s) evidencing such 2- r>- voluntary payment(s) and the name and address of their present custodian and the time and place where counsel for the/plaintiff can examine and copy such document(s). ' See objection raised in answer to interrogatory No. 35. 39. State whether you or your insurance carrier has voluntarily or by agreement paid to any employee benefits for accident, sickness, health, disability, or retirement, by reason of exposure to asbestos products. If so, state as to each: (a) (b) (c) / ' (d) (e) (f) The identity of such employee; The identity of the employee's attorney; The identity of. the insurance carrier(s) making such payment; The dates the claims were made as to each separate claim by each employee; The date payment was made; The current location of any documents evidencing such payments, the name and address of their present custodian and the time and place where counsel for the plaintiff can examine and copy such documents. See answer to No. 38. 40. State the names and addresses of all your insurance carriers for workmen's compensation and^occupational disease compensation from 1930 through 1978 , and. a5^to each insurance carrier, state the periods when such coverage was provided and the amount provided (1) Compensation carriers Ohio State Fund Self-insured Ohio State Fund Ohio State Fund (Nutum) Prior to 1/1/64 1/1/64 - 1/1/66 1/1/66 - 6/30/77 7/1/77 - 1 978 (2) Health and Disability Carriers: Occidental Life Insurance Co. 1961 - 4/1/64 Equitable Life Assurance Society of United States 4/1/64 - 8/31/78 41 . If you or your insurance carrier have ever paid out money as a result of a court decree or jury verdict against you in a case in which the plaintiff asserted injury resulting from exposure to asbestos products mixed, manufactured, produced, processed, compound* converted, sold, merchandised, supplied, or placed in the stream of commerce identify the: (a) Court in which judgement was entered against you. (b) Court docket number. (c) Plaintiff's name. (d) Plaintiff's attorney's name and address (e) Amount of judgement. (f) Date judgement entered. (g) Other defendants against whom judgement was entered. ' See objection raised in answer to interrogatory No. 35. -27- I 4 2. DO you have a medical department that performs occupational studies or reviews of worker's^health? If so, describe: (a) How long in exi stance. (b) Name s of those who have led that department since 1930. (c) Any repor ts or warnings provided to you by that depart- ment as to the effects of asbestos. (d) Cur r ent address of that person or those persons referred to i n (b) Supra NO. 43. Have you had a medical advisor or other professional reviewing your products particularly asbestos, and making recommendations for use? If so, pie ase answer (a)-(d) of interrogatory 43. i \ NO. -20- 44. If you are merely a distributor, rather than a manufacturer and distributor of asbestos products, please answer interrogatories 7,18, 19, 20, 21, 22, 23, 26, 27, with respect to whether you ever received such information from the manufacturers or from the trade association and so indicate by date, place and describe and attach any documents. Not applicable. 45. (a) Do you contend that the employee plaintiff or, if deceased the plaintiff's decedent or his employer were contributorily negligent? (b) Do you contend that the employee plaintiff or if deceased the plaintiff's decedent assumed the risk of his employment? (a) Unknown. Discovery is continuing. (b) Unknown. Discovery is continuing. 46. If the answer to interrogatory number 45 (a).or 45 (b) is yes, please state in detail the factual basis for the contention and name Any witnesses you intend to produce to support this contention. Not applicable. -29- 47. Do you deny that you sold asbestos products to any places of employment of employee plaintiff or if deceased the plaintiff's decedent, namely, Birk Reed Yes. 48. Do you deny that you sold asbestos products to the employer of Birk Reed I or to distributors whom you kn'ew would sell to the employers of Yes. 49. Did you or employees of your company ever attend meetings of the Asbestos Textile Institute or any of its committees? If yes, NO. t (a) Identify the meetings and dates. \ lb) Who attended from your company. (c) What materials were dispensed. 50. Identify all individuals who are now or have ever been em ployed by you including their current address who can testify or hav< testified concerning: (a) (b) (c) (d) (e) - (f) The history of that portion of your organization responsible for preventive medicine or occupational hygiene. Your company medical policy, practices, and procedures. The history of that portion of your organization responsibl' for product safety. The nature and extent of your knowledge, over time, of health hazards actually, allegedly, or possibly associated with exposure to asbestos or asbestos products. Actions taken by you to warn, direct or indirect purchasers of asbestos products or protect their employees of health hazards Actions taker. and spouse . warn o. protect persons such as plaintiff hazards of asbestos. Not applicable. 51. If these employees have testified in depositions or trials with respect to the matters ennumerated in interrogatory 54, attach relevant portions of their testimony and identify the court, docket number of the case and date of testimony. t \ Not applicable. -31- 52. Did oc does defendant maintain a medical library? if yes, state: V NO. (a) Date established (b) Location (c) Names and addresses of librarians (d) Title, author, and publisher of all journals and book bought or subscribed to during the period 1930-78. (e) To whom journals in the area of asbestos, industrial hygiene, medicine, safety or engineering were distri buted . SHEIN & BROOKMAN, P.A. ROBERT E. PAUL Attorney for Plaintiffs Walter S. JignJtins Attorney for''defendant Maremont Corooration i -3 2- veriiication JONATHAN H. SHERR, ESQUIRE, being duly sworn according to law, deposes and says that he is the Corporate Attorney of Maremont Corporation, Defendant herein, and that the facts set forth in the foregoing ANSWERS TO INTERROGATORIES are true and correct to the best of his knoweldge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: /Y JONATHAN H. SHERR, ESQUIRE /' /