Document gE2kwrqagxJJzK7yr8V9JM1D3

PLAINTIFFS IS EXHIBIT a BLC-54 \v 1 Duane Grummer, Esq. (State Bar #59445) John J. Mifsud, Esq. (State Bar #172659) 2 LYNCH, GILARDI & GRUMMER 50 Francisco Street, Suite 400 3 San Francisco, California 94133 - Telephone: (415) 397-2800 4 Facsimile: (415) 397-0937 RECEIVED FEB 2 5 1997 5 Attorneys for Defendant, A.P. GREEN SERVICES, INC. 6 f/k/a BIGELOW-LIPTAK CORP. WARTNICK LAW FIRM IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO KAREN GATTON, as Personal ) No. 970360 Representative of the Estate ) of JERALD A. GATTON, ) A.P. GREENSERVICES' deceased; and KAREN GATTON, ) RESPONSES TO PLAINTIFF'S Individually and on Behalf of ) FORMINTERROGATORIES the Legal Heirs of JERALD A. ) ________________________________________ GATTON, deceased, ) ); Plaintiffs, ); 16 vs. 17 ABEX CORPORATION, et al., 18 Defendants. ) ) ) ) ) ) ) 19 PROPOUNDING PARTY: Plaintiff KAREN GATTON 20 RESPONDING PARTY: 21 * / .SET NUMBER: Defendant A. P. GREEN SERVICES, INC. ONE 22 Defendant, A.P. GREEN SERVICES, INC., hereby responds to 23 plaintiff's Form Interrogatories, Set Number One, as follows: 24 RESPONSE TO INTERROGATORY NO. 1.1: 25 Duane Grummer, Esq. 26 John J. Mifsud, Esq. Lynch, Gilardi & Grummer 27 50 Francisco Street, Suite 400 San Francisco, CA 94133. 28 1 1 RESPONSE TO INTERROGATORY NO. 3.1: 2 Yes.- (a) A.P. Green Services, Inc. 3 (b) Bigelow Liptak Corporation, up to 1986. (c) Michigan, 1926. 4 i (d) Mexico, Missouri sj (e) No. 6i i I 7: i 8I i 9I u io ;! RESPONSE TO INTERROGATORY NO. NO. RESPONSE TO INTERROGATORY NO. NO. RESPONSE TO INTERROGATORY NO. 3.2 3.3 3.4 :i NO. 11I RESPONSE TO INTERROGATORY NO. 3.5 12 No. 13 RESPONSE TO INTERROGATORY NO. 4.1 14 ! I This defendant objects to the use of the term "INCIDENT" in the 15 i ! context 16 I of asbestos litigation. As defined in these 17 I interrogatories, "INCIDENT" means a set of circumstances surrounding an injury. 18 Plaintiff alleges that he suffered scores of such "injuries" at his numerous job sites, on numerous occasions, as a 19 result of circumstances particular to each job site and as a result 20 of the actions or omissions of various defendants. 21 It is not specified in the complaint or in these interrogatories which of 22 these particular sites and what set of circumstances is the 23 "INCIDENT" which is the subject of this interrogatory. Thus, this 24 interrogatory is vague, ambiguous, and unintelligible in the context 25 of this lawsuit. 26 RESPONSE TO INTERROGATORY NO. 4.2: 27 This defendant objects to the use of the term "INCIDENT" in the 28 I i 2 1 context of asbestos litigation. As defined in these 2 interrogatories, "INCIDENT" means a set of circumstances surrounding 3 an injury. Plaintiff alleges that he suffered scores of such 4 "injuries" at his numerous job sites, on numerous occasions, as a 5 result of circumstances particular to each job site and as a result 6 of the actions or' omissions of various defendants. It is not 7 specified in the complaint or in these interrogatories which cf 8 these particular sites and what set of circumstances is the 9 "INCIDENT" which is the subject of this interrogatory. Thus, this 10 interrogatory is vague, ambiguous, and unintelligible in the context 11 of this lawsuit. A 12 RESPONSE TO INTERROGATORY NO. 12.1: 13 This defendant objects to the use of the term "INCIDENT" in the 14 context of asbestos litigation. As defined in these 15 interrogatories, "INCIDENT" means a set of circumstances surrounding 16 an injury. Plaintiff alleges that he suffered scores of such 17 "injuries" at his numerous job sites, on numerous occasions, as a 18 result of circumstances particular to each job site and as a result 19 of the actions or omissions of various defendants. It is not 20 specified in the complaint or in these interrogatories which of 21 'these particular sites and what set of circumstances is the 22 "INCIDENT" which is the subject of this interrogatory. Thus, this 23 interrogatory is vague, ambiguous, and unintelligible in the context 24 of this lawsuit. 25 RESPONSE TO INTERROGATORY NO. 12.2: 26 This defendant objects to the use of the term "INCIDENT" in the 27 context of asbestos litigation. As defined in these 28 interrogatories, "INCIDENT" means a set of circumstances surrounding 3 1 an injury. Plaintiff alleges that he suffered scores of such 2 "injuries" at. his numerous job sites, on numerous occasions, as a 3 result of circumstances particular to each job site and as a result 4 of the actions or omissions of various defendants. It is not 5 specified in the complaint or in these interrogatories which of 6 these particular sites and what set of circumstances' is the 7 "INCIDENT" which is the subject of this interrogatory. Thus, this 8 interrogatory is vague, ambiguous, and unintelligible in the context 9 of this lawsuit. 10 RESPONSE TO INTERROGATORY NO. 12.3: 11 This defendant objects to the use of *the term "INCIDENT" in the 12 context of asbestos litigation. As defined in these 13 interrogatories, "INCIDENT" means a set of circumstances surrounding 14 an injury. Plaintiff alleges that he suffered scores of such 15 "injuries" at his numerous job sites, on numerous occasions, as a t 16 result of circumstances particular to each job site and as a result 17 of the actions or omissions of various defendants. It is not 18 specified in the complaint or in these interrogatories which of 19 these particular sites and what set of circumstances is the 20 "INCIDENT" which is the subject of this interrogatory. Thus, this 21 interrogatory is vague, ambiguous, and unintelligible in the context 22 of this lawsuit. 23 RESPONSE TO INTERROGATORY NO. 12.4: 24 This defendant objects to the use of the term "INCIDENT" in the 25 context of asbestos litigation. As defined in these 26 interrogatories, "INCIDENT" means a set of circumstances surrounding 27 an injury. Plaintiff alleges that he suffered scores of such 28 "injuries" at his numerous job sites, on numerous occasions, as a 4 1 result of circumstances particular to each job site and as a result 2 of the actions or omissions of various defendants. It is net 3 specified in the complaint or in these interrogatories which of 4 these particular sites and what set of circumstances is the 5 "INCIDENT" which is the subject of this interrogatory. Thus, this 6 interrogatory is vague, ambiguous, and unintelligible in the context 7 of this lawsuit. 8 RESPONSE TO INTERROGATORY NO. 12.5: 9 This defendant objects to the use of the term "INCIDENT" in the 10 : context of asbestos litigation. As defined in these 11! interrogatories, ft "INCIDENT" means a set of circumstances surrounding 12 an injury. Plaintiff alleges that he suffered scores of such 13 "injuries" at his numerous job sites, on numerous occasions, as a 14 result of circumstances particular to each job site and as a result 15 of the actions or omissions of various defendants. It is not 16 specified in the complaint or in these interrogatories which of 17 these particular sites and what set of circumstances is the 18 "INCIDENT" which is the subject of this interrogatory. Thus, this 19 interrogatory is vague, ambiguous, and unintelligible in the context 20 of this lawsuit. 21 RESPONSE TO INTERROGATORY NO. 12.6: 22 This defendant objects to the use of the term "INCIDENT" in the 23 context of asbestos litigation. As defined in these 24 interrogatories, "INCIDENT" means a set of circumstances surrounding 25 an injury. Plaintiff alleges that he suffered scores of such 26 "injuries" at his numerous job sites, on numerous occasions, as a 27 result of circumstances particular to each job site and as a result 28 of the actions or omissions of various defendants. It is not 5 1 specified in the complaint or in these interrogatories which of 2 these particular sites and what set of circumstances is the 3 "INCIDENT" which is the subject of this interrogatory. Thus, this 4 interrogatory is vague, ambiguous, and unintelligible in the context 5 of this lawsuit. 6 RESPONSE TO INTERROGATORY NO. 12.7: !I 7; This defendant objects to the use of the term "INCIDENT" in the ' o \ context of asbestos litigation. As defined in these 9 interrogatories, "INCIDENT" means a set of circumstances surrounding io i i an injury. Plaintiff alleges that he suffered scores of such A ii'< "injuries" at his numerous job sites, on numerous occasions, as a 12 result of circumstances particular to each job site and as a result 13 of the actions or omissions of various defendants. It is not iji i 14 specified in the complaint or in these interrogatories which of 15 j these particular sites and what set of circumstances is the 16 ! "INCIDENT" which is the subject of this interrogatory. Thus, this I 17 ; interrogatory is vague, ambiguous, and unintelligible in the context 18 of this lawsuit. 19 RESPONSE TO INTERROGATORY NO. 13.1: 20 This defendant objects to the use of the term "INCIDENT" in the 21 context of asbestos litigation. As defined in these 22 interrogatories, "INCIDENT" means a set of circumstances surrounding 23 an injury. Plaintiff alleges that he suffered scores of such 24 "injuries" at his numerous job sites, on numerous occasions, as a 25 result of circumstances particular to each job site and as a result 26 of the actions or omissions of various defendants. It is not 27 specified in the complaint or in these interrogatories which of 28 these particular sites and what set of circumstances is the 6 1 "INCIDENT" which is the subject of this interrogatory. Thus, this 2 interrogatory, is vague, ambiguous, and unintelligible in the context 3 of this lawsuit. 4 RESPONSE TO INTERROGATORY NO. 13.2: 5 | This defendant objects to the use of the term "INCIDENT" in the 6 context of asbestos litigation. As defined in these 7 interrogatories, "INCIDENT" means a set of circumstances surrounding ! 8 J an injury. Plaintiff alleges that he suffered scores of such 9 "injuries" at his numerous job sites, on numerous occasions, as a 10 result of circumstances particular to each job site and as a result h 11 ! of the actions or omissions of various defendants. It is not 12 i specified in the complaint or in these interrogatories which of 13 ! these particular sites and what set of circumstances is the 14 "INCIDENT" which is the subject of this interrogatory. Thus, this 15 interrogatory is vague, ambiguous, and unintelligible in the context 16 of this lawsuit. n j RESPONSE TO INTERROGATORY NO. 14.1: I 18 j This defendant objects to the use of the term "INCIDENT" in the I 19 context of asbestos litigation. As defined in these i 20 interrogatories, "INCIDENT" means a set of circumstances surrounding 21 an injury. Plaintiff alleges that he suffered scores of such 22 "injuries" at his numerous job sites, on numerous occasions, as a 23 result of circumstances particular to each job site and as a result 24 of the actions or omissions of various defendants. It is not 25 specified in the complaint or in these interrogatories which of 26 these particular sites and what set of circumstances is the 27 "INCIDENT" which is the subject of this interrogatory. Thus, this 28 interrogatory is vague, ambiguous, and unintelligible in the context 7 1 of this lawsuit. 2 RESPONSE TO I-NTERRO^ATORY NO. 14.2: 3 This defendant objects to the use of the term "INCIDENT" in the 4 context of asbestos litigation. As defined in these 5 interrogatories, "INCIDENT" means a set of circumstances surrounding 6 an injury. Plaintiff alleges that he suffered scores of such 7 "injuries" at his numerous job sites, on numerous occasions, as a 8 result of circumstances particular to each job site and as a result 9 of the actions or omissions of various defendants. It is net 10 specified in the complaint or in these interrogatories which cf /t 11 these particular sites and what set of circumstances is the 12 "INCIDENT" which is the subject of this interrogatory. . Thus, this 13 interrogatory is vague, ambiguous, and unintelligible in the context 14 of this lawsuit. 15 RESPONSE TO INTERROGATORY NO. 15.1: 16 This defendant objects to the use of the term "INCIDENT" in the i j 17 context of asbestos litigation. As defined in these 18 interrogatories, "INCIDENT" means a set of circumstances surrounding 19 an injury. Plaintiff alleges that he suffered scores of such 20 "injuries" at his numerous job sites, on numerous occasions, as a 21 result of circumstances particular to each job site and as a result 22 of the actions or omissions of various defendants. It is not 23 specified in the complaint or in these interrogatories which of 24 these particular sites and what set of circumstances is the 25 "INCIDENT" which is the subject of this interrogatory. Thus, this 26 interrogatory is vague, ambiguous, and unintelligible in the context 27 of this lawsuit. 28 Defendant objects to this interrogatory to the use of the term 8 mm 1 "material allegation." The complaint does not contain any 2 allegation which are particularly relevant to this defendant. 3 Rather, the complaint contains allegations generic to hundreds of 4 defendants, and it is not specified at which location or in what 5 manner this plaintiff was allegedly exposed to asbestos as a result 6 of the acts or omissions of this defendant. This defendant denied 7 the generic allegations of the complaint on information and belief, 8 and cannot respond further at this time. Similarly, this defendant, 9 stated several affirmative defenses in its answer in order to avoid 10 possible waiver of them, and cannot provide further information at 11 this time. it ) ) 12 RESPONSE TOINTERROGATORY NO. 16.1: I 13 This defendant objects to the use of the term "INCIDENT" in the j 14 context of asbestos litigation. As defined in these j j 15 interrogatories, "INCIDENT" means a set of circumstances surrounding j 16 an injury. Plaintiff alleges that he suffered scores of such > \I ! ! 17 "injuries" at his numerous job sites,on numerous occasions, as a ! 1 18 result of circumstances particular to each job site and as a result 19 of the actions or omissions of various defendants. It is not 20 specified in the complaint or in these interrogatories which of 21 these particular sites and what set of circumstances is the 22 "INCIDENT" which is the subject of this interrogatory. Thus, this 23 interrogatory is vague, ambiguous, and unintelligible in the context 24 of this lawsuit. 25 RESPONSE TO INTERROGATORY NO. 16.2: 26 This defendant objects to the use of the term "INCIDENT" in the 27 context of asbestos litigation. As defined in these 28 interrogatories, "INCIDENT" means a set of circumstances surrounding 9 1 an injury. Plaintiff alleges that he suffered scores of such 2 "injuries" at- his numerous job sites, on numerous occasions, as a 3 result of circumstances particular to each job site and as a result 4 of the actions or omissions of various defendants. It is not 5 specified in the complaint or in these interrogatories which of 6 these particular sites and what set of circumstances ' is the 7 "INCIDENT" which is the subject of this interrogatory. Thus, this 8 interrogatory is vague, ambiguous, and unintelligible in the context 9 of this lawsuit. 10 RESPONSE TO'INTERROGATORY NO. 16.3: 11 i! ft This defendant objects to the use of the term "INCIDENT" in the 12 context of asbestos litigation. As defined in these 13 interrogatories, "INCIDENT" means a set of circumstances surrounding 14 an injury. Plaintiff alleges that he suffered scores of such 15' "injuries" at his numerous job sites, on numerous occasions, as a 16 I result of circumstances particular to each job site and as a result 17 of the actions or omissions of various defendants. It is not 18 specified in the complaint or in these interrogatories which of 19 these particular sites and what set of circumstances is the 20 "INCIDENT" which is the subject of this interrogatory. Thus, this 21 interrogatory is vague, ambiguous, and unintelligible in the context 22 of this lawsuit. 23 RESPONSE TO INTERROGATORY NO. 16.4: 24 This defendant objects to the use of the term "INCIDENT" in the 25 context of asbestos litigation. As defined in these 26 interrogatories, "INCIDENT" means a set of circumstances surrounding 27 an injury. Plaintiff alleges that he suffered scores of such 28 "injuries" at his numerous job sites, on numerous occasions, as a 10 1 result of circumstances particular to each job site and as a result 2 of the actions or omissions of various defendants. It is not 3 specified in the complaint or in these interrogatories which of 4 these particular sites and what set of circumstances is the 5 "INCIDENT" which is the subject of this interrogatory. Thus, this r 6 interrogatory is vague, ambiguous, and unintelligible in the context 7 of this lawsuit. 8 RESPONSE TO INTERROGATORY NO. 16.5: 9 This defendant objects to the use of the term "INCIDENT" in the ; 10 I context of asbestos litigation. As defined in these j ,I 11 interrogatories, "INCIDENT" means a set off' circumstances surrounding , 12 an injury. Plaintiff alleges that he suffered scores of such i 13 "injuries" at his numerous job sites, on numerous occasions, as a j i 14 result of circumstances particular to each job site and as a result j 15 of the actions or omissions of various defendants. I It is not \ 16 specified in the complaint or in these interrogatories which of j i 17 these particular sites and what set of circumstances is the 18 "INCIDENT" which is thd subject of this interrogatory. Thus, this 19 interrogatory is vague, ambiguous, and unintelligible in the context 20 of this lawsuit. 21 RESPONSE TO INTERROGATORY NO. 16.6: 22 This defendant objects to the use of the term "INCIDENT" in the 23 context of asbestos litigation. As defined in these 24 interrogatories, "INCIDENT" means a set of circumstances surrounding 25 an. injury. Plaintiff alleges that he suffered scores of such 26 "injuries" at his numerous job sites, on numerous occasions, as a 27 result of circumstances particular to each job site and as a result 28 of the actions or omissions of various defendants. It is not 11 1 specified in the complaint or in these interrogatories which of 2 these particular sites and what set of circumstances is the 3 "INCIDENT" which is the subject of this interrogatory. Thus, this 4 interrogatory is vague, ambiguous, and unintelligible in the context 5 of this lawsuit. 6 RESPONSE TO INTERROGATORY NO. 16.9: 7 This defendant objects to the use of the term "INCIDENT" in the j 8 context of asbestos litigation. As defined in these 9 interrogatories, "INCIDENT" means a set of circumstances surrounding 10 an injury. Plaintiff alleges that he suffered scores of such *i 11 "injuries" at his numerous job sites, on numerous occasions, as a 12 result of circumstances particular to each job site and as a result | j 13 of the actions or omissions of various defendants. It is not j 14 specified in the complaint or in these interrogatories which of i ; i 15 these particular sites and what set of circumstances is the ; 16 "INCIDENT" which is the subject of this interrogatory. Thus, this 17 interrogatory is vague, ambiguous, and unintelligible in the context 18 of this lawsuit. 19 RESPONSE TO INTERROGATORY NO. 16.10: 20 This defendant objects to the use of the term "INCIDENT" in the 21 context of asbestos litigation. As defined in these 22 interrogatories, "INCIDENT" means a set of circumstances surrounding 23 an injury. Plaintiff alleges that he suffered scores of such 24 "injuries" at his numerous job sites, on numerous occasions, as a 25 result of circumstances particular to each job site and as a result 26 of the actions or omissions of various defendants. It is not 27 specified in the complaint or in these interrogatories which of 28 these particular sites and what set of circumstances is the 12 1 "INCIDENT" which is the subject of this interrogatory. Thus, this 2 interrogatory-is vague, ambiguous, and unintelligible in the context 3 of this lawsuit. 4 DATED: 7 5 6 7 f/k/a BIGELOW-LIPTAK CORP. 8 9 \ASB\GC 189\P\FI .RES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 1 PROOF OF SERVICE 2 I certify that I am over the age of 18 years and not a party to 3 the within action; that my business address is 50 Francisco Street, 4 Suite 400, San Francisco, CA 94133; and that on this date I served 5 a true copy of the document(s) entitled: A. P. GREEN SERVICES, 6 INC.'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES in the matter 7 of Gatton, Karen et al. v. Ravbestos-Manhattan (SF-970360) by 8 placing it in an envelope addressed as set forth below, and placing '9 it, following ordinary business practices, for deposit with the 10 United States Postal Service at my place of business as set forth 11 above. I am readily familiar with tri'is office's practice for 12 collection and processing of correspondence for mailing within the 13 United States Postal Service. In the ordinary course of business, 14 such correspondence would be deposited with the United States Postal 15 Service that same same. 16 Harry F. Wartriick, Esq. Berry & Berry 17 101 California Street, 26th Fl. 1300 Clay Street, 9th FI. San Francisco, CA 94111 Station D - P.O. Box 70250 18 Fax: (415)391-5845 Oakland CA 94612-1428 Fax: (510) 835-5117 19 I declare under penalty of perjury that the foregoing is true 20 and correct. 21 Executed on February 24, 1997, at San Francisco, California. 22 23 24 \USR\ASB\GC26J\P\POS 25 , si ? -7 'Nancy K./Burnett / 26 27 28 1