Document g21remGjQRZ1RGV9O25yq6jwG

FILE NAME John Crane JC DATE 2007 DOC JC064 DOCUMENT DESCRIPTION Legal - Defendant John Crane's 8th Supplemental Responses to Plaintiffs 1st Set of Interrogatories VIRGINIA IN THE CIRCUIT COURT FOR THE CITY OF NEWPORT NEWS IN RE _ NEWPORT NEWS CIRCUIT COURT ALL ASBESTOS CASES CL90-10000W CL90-10000C DEFENDANT JOHN CRANE INC.'S 8TH SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION TO JOHN CRANE INC The Defendant John Crane Inc. states the following as its Eighth Amended Supplemental Responses to Plaintiff's First Set of Interrogatories and Request for Production GENERAL OBJECTION John Crane Inc. objects to each and every Interrogatory that relates to periods of time geographical areas or activities outside the scope of the allegations of the underlying complaint in that such Interrogatory is overly broad not reasonably calculated to lead to the discovery of admissible evidence and would impose an unnecessary burden on John Crane Inc. to search out review organize and produce information and documents not related to any issue in this case and it would be oppressive to require this party to do so Defendant has never manufactured supplied sold or produced asbestos insulation products Defendant manufactures engineered sealing products some of which at differing times historically have contained asbestos which asbestos was encapsulated in the lubricants binders and adhesives used to make the product so as to prevent release in normal use and installation Without waiving any of the foregoing objections objections John Crane Inc. hereby responds regarding its U. S. operations and facilities as follows 1 State whether or not you are a corporation If so state your correct corporate name the state of your incorporation the address of your principal place of business the name and address of the person or entity authorized to accept service of process on your behalf and whether or not you have ever held a Certificate of Authority to do business in the State of Virginia ANSWER John Crane Inc. is a Delaware corporation with its principal place of business at 6400 Oakton Street in Morton Grove Illinois 60053. CT Corporation is the registered agent authorized to accept service of summons in Virginia 2 Describe in detail your corporate history including but not limited to your place and date of incorporation and any mergers consolidations asset purchases acquisitions or spin which concern or affect the manufacture sale distribution installation use and removal of any product containing or incorporating any amount of asbestos fiber ANSWER Crane Packing Company was organized in Illinois in 1917. It merged with John Houdaille a Delaware corporation on August 3 1981. On March 27 1988 Defendant changed its name to John Crane Inc. Defendant does not deny that it is the corporate successor to Crane Packing Company and John Houdaille Inc. Upon information and belief in 1936 Crane Packing Co. sold its interest in its English subsidiary Crane Packing Ltd. to local management In 1947 Crane Packing Ltd. was purchased by Tube Investments located in London In 1987 John Houdaille Inc. was purchased by TI Group plc formerly known as Tube Investments After a series of acquisitions and divestitures this Defendant John Crane Inc. and John Crane UK Ltd as Crane Packing Ltd is now known have common ownership but neither has any control or authority over the other's operations employees or records nor have they since 1937 3 If you ever acquired another company corporation company or business which manufactured sold processed distributed installed or contracted to apply products containing asbestos please state the following concerning such other entity a the full and correct name b the principal place of business C. the state of incorporation d the date of its acquisition by you and e the products that the other entity manufactured distributed sold used installed or contracted to apply ANSWER Not applicable 4 For any predecessor corporation or subsidiary identified in the preceding interrogatories state whether you agreed to be or had been held by any court to be legally responsible for the past liabilities of any nature of any such corporation or entity For each court which has so held identify the case the jurisdiction of the court and the date of the order e Whether any such information is still maintained by Defendants or its subsidiary or predecessor in any written form f Who is the custodian of such information g The date on which you first received knowledge or information that the disease was caused by inhalation or asbestos fibers ANSWER _ As general response to Interrogatory 14 g Defendant states that it first learned of the health hazards related to respirable asbestos in approximately 1970 from the general news media surrounding the passage of OSHA and at a meeting of the Mechanical Packing Association at which a representative of Manville spoke about the health hazards to employees who smoked cigarettes and used raw asbestos in the fabrication of containing products Defendant's President Karl Rohlen now deceased and George McKillop retired Product Manager were present One document has been found relating to that meeting a memo establishing a company medical screening program for employees a copy is attached As to the specific parts g defendant believes the above general answer covers each of the parts As further response John Crane states that it did not obtain any knowledge from John Crane Canada Inc. regarding any asbestos hazards nor did it receive any such knowledge from Crane Packing Ltd. in England Even with the passage of OSHA and the general news media coverage related to it encapsulated products containing asbestos were exempted from the placement of warning labels Gaskets and packing were also exempt because of the nature of the products 15. Do you have knowledge of any asbestos deaths or any diagnosis of asbestos- related lung disease or abnormality prior to 1986 among any of your employees or any of their | family members If so a identify each such employee or family member b provide the job description and years of employment of each such person and if the person is a family member of an employee identify the employee and state the employee's job description and years of employment or agency C. identify all medical records that you received in relation to each such person d identify and produce reports of asbestos related disease or abnormality that you furnished to any state or federal governmental body or agency and e identify the date you first obtained knowledge of this asbestos death diagnosis or abnormality 12 All of the records related to these claims that are available have been provided to Plaintiff's counsel 16 Did you receive any reports or communications from your workmen's compensation insurance carrier or products liability insurance carrier with regard to any alleged hazards associated with the use or handling of containing products including but not limited to asbestos containing insulation products If so identify and produce each such report and identify the custodian of those records ANSWER At various times subsequent to 1970 Defendant believes it received communications from the Kemper Insurance Group A list of those communications is attached hereto 17. State the names and addresses of all professional trade industrial safety hygiene health associations and research foundations or organizations you have been a member of since 1930 including but not limited to a Asbestos Textile Institute ATI b Industrial Hygiene Foundation and Industrial Health Foundation IHF C. Mineral Wool Institute d Industrial Mineral Insulation Manufacturers Institute e. f fifi fl fifi fl i j k Magnesia Silica Insulation Manufacturers Institute National Insulation Manufacturers Association NIMA Thermal Insulation Manufacturers Association TIMA Asbestos Information Association AIA Quebec Asbestos Mining Association QAMA National Safety Council Asbestos Cement Producers Association Refractories Institute m | Chemical Manufacturers Association and its predecessor the Manufacturing Chemist Association n any other organization or associations of manufacturers asbestos insulation contractors miners distributors importers labelers suppliers and sellers of products containing asbestos fibers 14 ANSWER a through m John Crane Inc. was not a member n John Crane Inc. was a member of the Mechanical Packing Association now known as the Fluid Sealing Association from the 1950's until approximately 1970. John Crane rejoined the Association in the late 1980's John Crane was also a member of the Illinois Manufacturers Association the IMA a trade association for manufacturers from 1926 to the present Two of John Crane's former employees Karl Rohlen and Frank Payne were individual members of the IMA in the past Neither is now alive Their participation in the IMA is unknown 18 For each organization listed in response to the preceding Interrogatory a state the date of membership b identify all persons attending any of the organization's meetings on your behalf C. identify the name and nature of any and all notes reports minutes studies publications and other writings submitted by you or received by you from such organizations or associations relating to asbestos exposure the sale use or handling of asbestos products or any alleged health hazards associated with asbestos any recommendation or discussion of warnings caution labels safety procedures or testing for the asbestos products any claims for compensation arising out of persons who alleged asbestos related death disease abnormality or impairment ANSWER See Answer to Interrogatory No. 17 19. State whether your Board of Directors prior to 1986 at any time had any meetings which included discussion of or reference to installation removal asbestos exposure the sale use or handling of asbestos products or any alleged health hazards associated with asbestos any recommendation or discussion of warnings caution labels safety procedures or testing for the asbestos products any claims for compensation arising out of persons who alleged asbestos related death disease abnormality or impairment and if so a identify and produce all minutes of every meeting of your Board of Directors which makes reference to directly or indirectly these discussions or references and b identify the location and custodian of such notes 15 b Unknown because arrangements were made by trial counsel in individual cases C. Unknown because arrangements were made by trial counsel in individual cases d See above and representative depositions are available upon request e Any exhibits were either case specific or they have been included in John Crane's Master Exhibit List filed in each case at the time required by the Pre Trial Scheduling Order 50 Produce all documents which relate directly or indirectly to your answers to any and all interrogatories above including all subparts of each such interrogatory ANSWER The documents are attached and identified by the paragraph number of the Interrogatory JOHN CRANE INC By counsel Archibald Wallace III VSB 06005 Thomas J. Moran VSB 71296 Patricia J. Bugg VSB 72775 WALLACEPLEDGER PLLC The Capstone Center 7100 Forest Avenue Suite 302 Richmond VA 23226 804 282-8300 Counselfor John Crane Inc. 43 CERTIFICATE OF SERVICE I certify that on this 16th 16th day of October 2007 a true and accurate copy of the foregoing was mailed and mailed postage prepaid to the following Robert R. Hatten Esquire William W. C. Harty Esquire Patten Wornom Hatten & Diamonstein 12350 Jefferson Avenue Suite 360 Newport News VA 23602 Counselfor the Plaintiff And sent via mail to the following Michael E. Reheuser Esquire Jordan Coyne & Savits LLP 10509 Judicial Drive Suite 200 Fairfax VA 22030 Robert L. O'Donnell Esquire VANDEVENTER BLACK L.L.P. 500 World Trade Center Norfolk VA 23510-1699 Carl R. Schwertz Esquire DUANE HAUCK & GNAPP P.C. 10 East Franklin Street 4th Floor Richmond VA 23219-2106 George J. Dancigers Esquire MCKENRY DANCIGERS WARNER DAWSON & LAKE Stoney Point Center 700 Newton Road Norfolk VA 23502-3999 James Kennedy Esquire PIERCE HERNS SLOAN & MCLEOD LLC The Blake House 321 East Bay Street Charleston SC 29401 William W. Nexsen Esquire STACKHOUSE SMITH & NEXSEN First Virginia Tower Ste 1600 | 555 Main Street _ Norfolk VA 23510 44 Bruce T. Bishop Esquire WILLCOX & SAVAGE P.C. 1800 Bank of America Center One Commercial Place Norfolk VA 23510-2197 John P. Fishwick Jr. Esquire LICHTENSTEIN FISHWICK & JOHNSON Liberty Trust Building 101 South Jefferson Street Suite 400 Roanoke VA 24011 Henry N. Ware Jr. Esquire SPOTTS FAIN CHAPPELL AN ANDERSON P.C. 411 E. Franklin Street Suite 600 Post Office Box 1555 Richmond VA 23218-1555 --> --, 45