Document g2GzDNyemYoDjoLeYE6JLpD0a

PLAINTIFF'S EXHIBIT 1 MORGENSTEIN, LADD & JUBELIRER MARVIN D. MORGENSTEIN 2 ELIOT S. JUBELIRER LEE ANN HUNTINGTON 3 255 California Street, 8th Floor San Francisco, CA 94111 4 Telephone: (415) 421-9320 5 Attorneys for Defendant OWENS-ILLINOIS, INC. 6 K-I968 RECEIVED AUG 1 Q 1982 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ALAMEDA 10 11 IN RE: SHIPYARD AND 12 APPLICATOR ASBESTOS CASES (KAZAN AND KILBOURNE) 13 14 ) No. 537 868-7 ) ) RESPONSES OF OWENS-ILLINOIS, ) INC., TO PLAINTIFFS' SECOND ) SET OF INTERROGATORIES PROPOUNDING PARTY: 15 PLAINTIFFS RESPONDING PARTY: 16 DEFENDANT OWENS-ILLINOIS, INC. SET NUMBER: 17 TWO PRELIMINARY STATEMENT 18 Some of the events which may be relevant to the 19 matters inquired about by Plaintiffs' Interrogatories appar 20 ently occurred more than thirty-five years ago. In 21 addition, more than twenty-four years ago, effective April 22 30, 1958, Owens-Illinois, Inc. disposed of the business 23 involved in this action by way of sale of that business to 24 Owens-Corning Fiberglas Corporation. Since that time, 25 Owens-Illinois, Inc. has not engaged in any such business. 26 It does not now and it has not since that sale manufactured, 27 distributed or sold any asbestos-containing products. As a 28 1 result of the foregoing factors, many of the individuals who 2 might have had personal knowledge of the matters to which 3 plaintiffs' interrogatories relate are deceased, or are 4 otherwise unavailable to Owens-Illinois, Inc., and 5 investigations to date indicate that at least some documents 6 which relate to matters inquired about by these 7 interrogatories may have been transferred to Owens-Corning 8 Fiberglas Corporation with the transfer of the business in 9 question in 1958. Owens-Illinois, Inc. is engaged in a 10 continuing investigation in an attempt to locate, confirm 11 the transfer of, or confirm the absence of, such documents 12 and is also engaged in a continuing investigation into the 13 matters inquired about in these interrogatories. Unless 14 otherwise stated in an answer to a specific interrogatory, 15 the answers set out hereinafter are limited to the period 16 during which Owens-Illinois, Inc. manufactured asbestos17 containing insulation products and to the facilities related 18 to that business. The following is a part of and is 19 incorporated by reference in every answer provided 20 hereinafter: 21 This answer is accurate as of the 22 date of the Responses of Owens-Illinois, 23 Inc. to Plaintiffs' First Set of Inter 24 rogatories. However, Owens-Illinois, 25 Inc.'s investigation is continuing, and 26 Owens-Illinois, Inc. cannot exclude the 27 possibility that it may be able to 28 -2- tI i ! 1 2 obtain more complete information or even information which indicates that.the 3 answer being supplied is incorrect. 4 Owens-Illinois, Inc. objects to 5 answering this interrogatory with regard 6 to any period of time other than the 7 8 period during which it engaged in the business involved in this case which 9 ended in mid-1958 and in regard to any 10 facility not related to said business, 11 on the basis that any such answer would 12 be irrelevant to the subject matter of 13 the pending litigation, would not be 14 reasonably calculated to lead to the 15 discovery of admissible evidence, and 16 would be burdensome and oppressive. 17 INTERROGATORY NO. 1; 18 Did Owens-Illinois employ F. W. Sherwood as noted 19 on the attached Exhibit 1? If so, please state: 20 a. Years of employment 21 b. Job title(s) 22 c. Duties and responsibilities 23 RESPONSE TO INTERROGATORY NO. 1: 24 No. 25 // 26 // 27 // 28 -3- 1 INTERROGATORY NO. 2: 2 Did F. W. Sherwood attend the Mellon Institute of 3 Industrial Research Symposium on Dust Problems in 4 Pittsburgh, January 15, 1935? 5 RESPONSE TO INTERROGATORY NO. 2: 6 Unknown. Owens-Illinois Glass Co. did not 7 manufacture, sell or distribute asbestos-containing products 8 in 1935. 9 INTERROGATORY NO. 3: 10 What was the nature of concern expressed on behalf 11 of Owens-Illinois by its representative to the Mellon 12 Institute Symposium referenced in No. 2 above? 13 RESPONSE TO INTERROGATORY NO. 3: 14 See answer to interrogatories Nos. 1 and 2 above. 15 INTERROGATORY NO. 4: 16 Was there concern on behalf of Owens-Illinois 17 regarding silica (sand) in 1935? If so, please state: 18 a. What was the nature of concern regarding 19 health aspects for the workers? 20 b. What was the nature of concern regarding 21 health aspects for the users of the product? 22 c. What was the nature of all other concerns? 23 RESPONSE TO INTERROGATORY NO. 4: 24 Owens-Illinois Glass Co. did not make, sell or 25 distribute asbestos-containing products in 1935. It did 26 make glass containers, one of the raw materials of which was 27 silica sand. There was no health risk to users of glass 28 -4- 1 containers due to silica sand. Owens-Illinois, Inc. objects 2 to the remainder of this interrogatory on the ground that it 3 is irrelevant and does not seek information calculated or 4 likely to lead to the discovery of admissible evidence. No 5 plaintiff alleges he was made ill due to exposure to silica 6 sand or to glass in 1935. In addition, subpart (c) of this 7 interrogatory is also vague, ambiguous and unintelligible. 8 INTERROGATORY NO. 5: 9 Was there concern on behalf of Owens-Illinois 10 regarding dusty jobs in 1935? If so, please state: 11 a. What was the nature of concern regarding 12 health aspects for the workers? 13 b. What was the nature of concern regarding 14 health aspects for the users of the product? 15 c. What was the nature of all other concerns? 16 RESPONSE TO INTERROGATORY NO. 5: 17 See answers to interrogatories No. 1, 2 and 4 18 above. 19 INTERROGATORY NO. 6: 20 Did the law firm of Williams, Eversman and Morgan, 21 Toledo, Ohio represent Owens-Illinois during 1935? 22 RESPONSE TO INTERROGATORY NO. 6: 23 Yes. 24 INTERROGATORY NO. 7: 25 Does Owens-Illinois have a copy of the address 26 given by Mr. A. C. Hirth during the Mellon Institute of 27 Industrial Research Symposium on Dust Problems in 1935? 28 -5- 1 2 RESPONSE TO INTERROGATORY NO. 7: No. 3 INTERROGATORY NO. 8: 4 If the response to Number 7 above is affirmative, 5 6 will you provide a copy of the address with your responses without a motion to produce? 7 8 RESPONSE TO INTERROGATORY NO. 8; Not applicable. 9 INTERROGATORY NO. 9; 10 If a copy of the address by Mr. Hirth at the 1935 11 symposium is not attached, please state the conent of his 12 address as known by Owens-Illinois. 13 RESPONSE TO INTERROGATORY NO. 9: 14 Unknown. 15 DATED: August 4, 1982 16 17 18 MORGENSTEIN, LADD & JUBELIRER MARVIN D. MORGENSTEIN ELIOT S. JUBELIRER LEE ANN HUNTINGTON 19 20 21 22 23 24 25 26 27 28 -6- AFFIDAVIT STATE OF OHIO COUNTY OF LUCAS ) ) SS: PHILIP M. RICE, 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 fore going Responses to Plaintiffs' Interrogatories are true and correct to the best of his knowledge, informa tion and belief. PHILIP M. RICE Sworn to and subscribed before me this , 1982. My Commission Expires: /9, /??, PROOF OF SERVICE BY MAIL' I am a citizen of the United States and am employed in the City and County of San Francisco, State of California; I am over the age of eighteen years and not a party to the within action; my business address is 255 California Street, 8th Floor, San Francisco, CA 94111. On August 5 , 1982, I served the within RESPONSES OF OWENS-ILLINOIS, INC., TO PLAINTIFFS" SECOND SET OF INTERROGATORIES on the at.t. P&RTTF.S in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in a United States post office mail box at San Francisco, California, addressed as follows: Steven Kazan, Esq. Law Offices of Steven Kazan 171 - 12th Street, Suite 300 Oakland, CA 94607 George W. Kilbourne, Esq. Law Offices of George W. Kilbourne 620 Contra Costa Boulevard Pleasant Hill, CA 94523 I certify (or declare), under penalty of perjury, that the foregoing is true and correct. Executed on August 5, i982________ 31 San Francisco, California. EILEEN R. CAVIT. - flat-field, Barfield, Drydon fi# Ruone ` One California Street, 82125 San Francisco, CA 94111 Bennett, Samuelson b Reynolds 2030 Franklin Street Oakland, CA 94612 Arthur P. Berg, Esq. Law Offices of Berg & Phelps 615 South Flower Street Suite 1900 Los Angeles, CA 90017 Berry & Berry 1221 Broadway #1880 Oakland, CA 94612 Bianchi b Hoskins 1000 Fourth Street San Rafael, CA Bishop, Barry, Howe & Reid 220 Bush Street, #350 San Francisco, CA 94104 Bolling, Pothoven, Walter b Gawthros 555 University Avenue Sacramento, CA 95825 Branson, Fitzgerald b Howard 400 Allerton Redwood City, CA 94063 ( John R. Stewart, Esq. Richard B. McDonough, Esq. Carroll, Burdick b McDonough One Lcker Building, Suite 400 San Francisco, CA 94105 Cooper, White b Cooper 44 Montgomery Street San Francisco, CA 94104 Marrs A. Craddick, Esq. Craddick b Candland P.O. Box 315 1801 North California 31vd. Walnut Creek, CA 94596 ^Albert B. N'orrie, Esq. Crosby, Heafey, Roac.n i 1939 Ha rnson Street Oakland , CA 94612 May James Cusick, Esq. 4201 Wilshire Boulevard, #252 Los Angeles, CA 90017 Carl J. Debevec, Esq. Debevec S. Stevens 342 Carnon Street Vacaville, CA 95688 Diehl, Steinheir.er, et al. 6 El Dorado South, ?600 Stockton, CA 95202 Charles LaGrave , Esq. illiam J. Duke 4 3 3 CaI i for r.a Street -330 San Francisco, CA 9410m tliasscn, Postoi, et al. 50 California Stieet, ? G 0 0 San Francisco, CA 94111 James L. English, Esq. 400 Montgomery Street Suite 1002 San Fiuncisco, CA 94104 4kr icksen Arbuthnot, McC carncy b Walsh, Inc. 535 Mu a Vista Oak land, CA 94610 thy, Erickson, Arbuthnot, McCarthy & Kearney, Inc Pier 1-1/2 Lmbarcadero San Francisco, CA 94111 Freitas, Allen, McCarthy, Bettini & MacMahon 960 Fifth Avenue San Rafael, CA 94901 r Lewis L. Fenton, Esq. Hoge, Fenton, Jones b Appel, Inc. 2801 Monterey-Salinas Hwy. P.O. Box 791 Monterey, CA 93940 lie Torres, Esq. fLaw Offices of Ronald E. 369 Broadway San Francisco, CA 94133 Hothem Hyde, Lucke b Brewer 1990 North California Blvd. Walnut Creek, CA 94596 Jedeiken b Connor 1225 Hoarst Building San Francisco, CA 94103 Jones, Day, Reavis bPougue One Century Plaza, Suite 360 2029 Century Park East Los Angeles, CA 90067 Kincaid, Gianunzio & Caudle 100 Webster Street Oakland, CA 94609 JRubert Rickson, Esq. Stephen Harper, Esq. Knox, Rickson, Snook, Anthony b Robbins One Kaiser Plaza, Suite 850 Ordway Buildina Oakland, CA 94612 LaFollette, Johnson, Schroeter b Dehoos 320 North Vermont Avenue Los Angeles, CA 90004 David Leach, Esq. Leach b Schneider A Professional Corporation 5 Third Street, Suite 1000 San Francisco, CA 94103 John Ford, Esq. Lillick, McHose b Charles Two Einbarcadero Center 26th Floor San Francisco, CA 94111 Frank Gatke, President Gatke Corp. 1336 Williams Street Rives Forrest, IL 60305 Glaspy, Elliot, Creech . McMahon P.O. Box 5812 San Jose, CA 95150 Xfetuart H. Gordon, Esq. Cordon b Rees 601 Montgomery Streec San Francisco, CA 94111 Grove, Clifford, Diepenbrock b Parces 1000 "G" Street, Suite 400 Sacramento, CA 95814-0885 1udmundson, Siggms & Stone 35 Montgomery Street i(710 San Francisco, CA 94104 Clyde L. MacGowan, Esq. Haims, Johnson, Hacdowan ft Mclnorre 490 Grand Avenue Oakland, CA 94610 Ci -n - Hanna, Brophy, MacLean, McAllcer b Jenson 681 Market Street #300 San Francisco, CA 94105 Engel, Berger One Kaiser Center, #1710 Oakland, CA 94612 ames Penrod, Esq. f Hassard, Bonnington, Rogers & Huber 44 Montgomery Street Suite 3500 San Francisco, CA 94104 Hoge, Fenton, Jones & Appel 4 North Second Street, Suite 1300 San Jose, CA 95113 Low, Ball b Lynch 601 California Street 21st Floor San Francisco, CA 94108 yian Lacey, Esq. / DDOonald L. Nelson, Esc. Maloney, Chase, Eisr.er i Four Embarcadeco Center 25th Floor San Francisco, CA 94111 Michael F. O'Leary, Esc. Offices of Bernard J. Mayans* i Three Embarcadero Center Suite 1970 San Francisco, CA 94111 James E. Martin, Esq. 450 Sansome Street, 13th Floor San Francisco, CA 94111 Gerald P. Martin, Esq. Martin & Ryan 765 Ordway Building One Kaiser Plaza Oakland, CA 94612 s/cIccCutchen, Doyle, ^^Brown b Emersen Three Embarcadero Center San Francisco, CA 94111 Don McNamara, Esq. McNamara, Houston, McClure b Ney P.O. Box 5288 Walnut Creek, CA Memering b Dellcrs P.O. Box 590 Sacramento, CA 95803 Menty, Finn, Gilbert ft Claire 883 Sneath Lane s 216 San Bruno, CA 94066 oore, Clifford, et a 1. 201 19th Street Oakland, CA 94612 Morrison & Foerstcr Une Market Plaza, *3400 San Francisco, CA 94105 j^ullally, Ccdeborc & Scanlon K436 14 th Street ei.405 Oakland, CA 94612 Lucy Eisenbera, usq. Mungcr, Tolies S Rickersr.uuser 612 South Flower Street Los Angeles, CA 90017 ^aw offices of John J. Murray A?02 Marshall Street, Suite 250 * \lcdwood City, CA 940G3