Document gbodeov966RMKxE0DMVQx8oYe

t NO. 93-03625-1 HELEN GAMBRELL, INDIVIDUALLY AND AS THE SPECIAL ADMINISTRATRIX OF THE ESTATE ROBERT GAMBRELL, DECEASED, Plaintiff, v. THE ABER COMPANY, ET AL. Defendant. IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 162ND JUDICIAL DISTRICT DEFENDANT1S AMENDED ANSWERS TO PLAINTIFF*S SECOND SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Russell W. Budd, Esq., Baron & Budd, A Professional Corporation, The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Defendant Carol Cable Company, Inc. provides the following objections, answers and responses to Plaintiff's Second Set of Interrogatories and First Request for Production of Documents to Defendants. Respectfully submitted. OF COUNSEL: HAIGHT, GARDNER, POOR & HAVENS 500 Dallas, Suite 3000 Houston, Texas 77002-4709 Tel: (713) 739-9202 Fax: (713) 739-7940 TBN: 00785915 Attorney for Defendants CAROL CABLE COMPANY, INC. f CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing instrument was forwarded to Plaintiffs--counsel by certified mail, return receipt requested on this j^V^dav of July, 1994, and to all known counsel of record by cover letter only indicating filing of this action. COUNSEL OF RECORD William J. Cozort, Jr., Esq. Rick W. Thamm, Esq. Beam & Manning 5847 San Felipe, Suite 1500 Houston, Texas 77057 Russell W. Budd, Esq. Peter A. Kraus, Esq. Mary E. Skelnik, Esq. Baron & Budd, P.C. 3102 Oak Lawn Ave, Suite Dallas, Texas 75219 1100 Scott A. Henderson, Esq. Smith, Smith, Smith & Henderson 810 S. St. Paul at Cadiz Dallas, Texas 75201 F. Barrett Davis, Esq. Shelly Glaser, Esq. Thompson & Knight, P.C. 1700 Pacific Ave, Suite 3300 Dallas, Texas 75201-4693 Charles Green, Esq. Cowles & Thompson, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 Peter Moir, Esq. Baker & Botts, L.L.P. 2001 Ross Ave, Suite 800 Dallas, Texas 75201 Brian Clary, Esq. Livingston & Markle 55 Waugh Drive, Suite 200 Houston, Texas 77007 Stan McMurry, Esq. Locke, Purnell, Rain & Harrell 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776 James M. Riley, Esq. Coats, Rose, Yale, Holm, Ryan & Lee 1001 Fannin, Suite 800 Houston, Texas 77002-6707 W. Neil Rambin, Esq. Strasburger & Price 4300 NCNB Plaza, 44th 901 Main Dallas, Texas 75202 Floor Robert D. Barbee, Esq. Johnson & Gibbs Founders Square 900 Jackson Street Dallas, Texas 75202-4499 Mark Hendrix, Esq. Robert Thackston, Esq. Vial, Hamilton, Koch & Knox 1717 Main Street, Suite 4400 Dallas, Texas 75201-3890 2 Gary D. Elliston, Esq. David W. Crowe, Esq. DeHay & Elliston, L.L.P. 717 North Harwood, Suite Dallas, Texas 75201 1500 John L. Hill, Jr., Esq. Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P. 3400 Texas Commerce Tower Houston, Texas 77002 Sandra P. Clark, Esq. Gene M. Williams, Esq. Mehaffey, Weber & Gonsoulin 2615 Calder Avenue, Suite 800 Beaumont, Texas 77702 James H. Powers, Esq. Roberts, Markel, Folger, & Powers 24 Greenway Plaza, Suite Houston, Texas 77046 1010 Ray B. Jeffrey, Esq. Paul J. Holmes, Esq. James H. Harris, Jr., Esq. Holmes & Harris, P.C. 550 Fannin, Suite 845 Beaumont, Texas 77701 William M. Tolin, III, Esq. Benckenstein, Oxford & Johnso 3533 Calder Street, 3rd Floor' Beaumont, Texas 77704 / / David G. McCracken, Esq. / Lock, Purnell, Rain & Harrell 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776 / Larry Hallman, Esq. / Burford & Ryburn, L.L.P. 3100 Lincoln Plaza / 500 N. Akard / Dallas, Texas 75201-3320 Mel Bailey,Esq. DeHay & Elliston 717 North Harwood St, Suite 1500 Dallas, Texas 75201-6508 R. Lynn Stevens, Esq. Weller, Wheelus & Green 550 Fannin, 5th Floor Beaumont, Texas 77701 John T. Ward, Esq. Brown, McCarrol & Oaks 2727 Allen Parkway, Suite Houston,/ Texas 77019 1300 B. Scott Tilley, Esq. McGuire, Woods & Battle 901 M. Cary Street Richmond, Virginia / i 23219 Ned W. Johnson, Esq. 'Johnson & Associates 4900 Woodway, Suite 1100 Houston, Texas 77056 Kent Sullivan, Esq. Joseph A. Garnett, Esq. McFall & Sartwelle, P.C. 909 Fannin, Suite 2500 Houston, Texas 77010-1103 Thomas Dougall, Esq. Bowers, Orr & Robertson 1401 Main Street, Suite 1100 Columbia, South Carolina 29201 Jay Zelesky, Esq. Clayton Devin, Esq. McCauley, MacDonald, Love & Devin 1201 Elm Street, Suite 3800 Dallas, Texas 75270 3 i Larry D. Grayson, Esq. C. Vernon Hartline, Jr., Esq. Hartline, Dacus, Dreyer & Kern, L.L.P. 2626 Cole Avenue, Suite 800 Dallas, Texas 75204 Debra S. Fitzgerald, Esq. Hubert Crouch, Esq. Crouch & Hallet, L.L.P. 717 N. Harwood, Suite 1400 Dallas, Texas 75201 James L. Ware, Esq. McLeod, Alexander, Powel & Apffel, P.C. 802 Rosenberg P. 0. Box 629 Galveston, Texas 77553 Kathy Hermes, Esq. Patterson, Lamberty, Elly & Stanford 2011 Cedar Springs, Suite Dallas, Texas 75221 200 Donald M. Hudgins, Esq. Sheryl Mulliken Fike, Esq. James F. Martin, Esq. Hudgins, Hudgins & Warrick 24 Greenway Plaza, Suite 1007 Houston, Texas 77046 4 GENERAL OBJECTIONS 1. Defendant objects to provision of any information and production of any documents covered by the attorney-client privilege or the work product privilege. The following information has been withheld from production: (a) All attorney-client privileged communications between defendant's counsel and defendant's agents and representatives. (b) All attorney work product created in connection with this litigation and the subject matter of this litigation. Information being withheld pursuant to this privilege includes documents prepared in connection with this lawsuit by defendant, counsel, defendant's agents and representatives at the request of counsel, and agents of counsel. (c) Upon request, defendant will provide plaintiff with an itemized list of all documents withheld from production with the exception of all defendant's counsels' attorneyclient privilege and work product documents related to and created in connection with plaintiff's demands and this lawsuit because the mere act of listing such documents compromises the attorney-client privilege and work product privilege. These documents would generally consist of research memoranda, attorney notes, letters between counsel, its agents, defendant, and defendant's agents, and file memoranda prepared by counsel. THE FOREGOING GENERAL OBJECTION APPLIES TO PLAINTIFF'S INTERROGATORIES IN THEIR ENTIRETY AND IS TO BE READ INTO EACH ANSWER AND RESPONSE, AS IF FULLY SET OUT THEREIN. 2. AS TO ALL GENERAL AND SPECIFIC OBJECTIONS MADE HEREIN, AND TO THE EXTENT NECESSARY, DEFENDANT REQUESTS THAT THE COURT ISSUE AN APPROPRIATE PROTECTIVE ORDER PURSUANT TO TEX. R. CIV. P. 166b. 5 AMENDED ANSWERS TO INTERROGATORIES INTERROGATORY NO. l; As to each and every Plaintiff within this consolidated action, please state the following with respect to each expert witness you may call during trial of this case. Please designate with specificity the expert witnesses that you may call in each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group. (a) The name, address, and job classification of each such expert witness; ANSWER: Defendant has yet to determine which expert witness or witnesses it may call during the trial of this case; Defendant will supplement its answer to this Interrogatory upon such determination. (b) The subject matter on which the expert is expected to testify, specific as to each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group; ANSWER: Not applicable; see Defendant's Answer to Interrogatory No. 1(a). (c) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, specific as to each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group; ANSWER: Not applicable; see Defendant's Answer to Interrogatory No. 1(a). . (d) Whether any person identified in subparagraph (a) above has provided a report or other documentation to you, and if so, identify each such document or report, specific as to each individual Plaintiff's case, separate and distinct from all other Plaintiffs within the group; ANSWER: Not applicable; see Defendant's Answer to Interrogatory No. 1(a). (e) Identify all documents or other materials, including but not limited to x-rays, pathology, CT-Scans, you have provided to each person identified in response to subparagraph (a) above, specific as to each individual 6 injuries and/or damages; ANSWER; Unknown at present. (d) each of Defendant's defenses enumerated in Defendant's last filed Answer. ANSWER: Objection. Defendant objects to this Interrogatory to the extent that it may request information that is privileged under the attorney-client privilege or attorney work-product doctrine. Subject to the foregoing objection, unknown at present. INTERROGATORY NO. 31 Please identify documents or things, including x-rays, MRIs, CT-Scans or other materials, which will be used at time of trial, (Exhibit List, Deposition List), which are relevant to each of Defendant's enumerated defenses in Defendant's last filed Answer. ANSWER: Objection. Defendant objects to this Interrogatory to the extent that it requests information that is privileged under the attorney-client privilege or the attorney work-product doctrine. Subject to the foregoing objection. Defendant incorporates by reference thereto as if set forth fully herein its response to Plaintiff's Interrogatory No. 1(e). 8 Plaintiff's case, separate and distinct from all other Plaintiffs within the group; ANSWER: Defendant is unable to ascertain which documents or other materials it will provide to its experts. As discovery continues. Defendant will supplement its response to this Interrogatory. (f) Describe in detail the education and work history of, and identify any books, treatises, articles, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to subparagraph (a) above. Alternatively, in lieu of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answers. ANSWER: Not applicable; see Defendant's Answer to Interrogatory No. 1(a). INTERROGATORY NO, 2: Please state the name, present address and present telephone number, along with the experience and qualifications, if applicable, of each and every person, known to Defendant or to Defendant's agents, having knowledge of facts relevant to this case involving, but not limited to: (a) identification of asbestos-containing products to which each and every individual Plaintiff, separate and distinct from all other Plaintiffs within the group, allegedly was exposed or facts disputing the identification of asbestos-containing products in this case. ANSWER: Unknown at present. (b) Each and every individual Plaintiff's, separate and distinct from all other Plaintiffs within the group, alleged damages, injuries and/or facts disputing each and every Plaintiff's alleged damages and/or injuries; ANSWER: At present. Defendant is only aware of Plaintiff's Decedent. However, as discovery continues, Defendant will supplement its response to this Interrogatory. (c) the negligence of any person or entity other than Defendant which Defendant contends was a cause of each and every individual Plaintiff's, separate and distinct from all other Plaintiffs within the group, alleged 7 REQUEST FOR PRODUCTION REQUEST FOR PRODUCTION NO. l: please provide a copy of all documents and other materials, other than Depositions and Medical History provided by Plaintiff, and reports identified in Answer to Interrogatory No. 1(d). ANSWER: Not applicable. REQUEST FOR PRODUCTION NO. 2: Please provide a copy of all documents and reports other than Depositions and Medical History provided by Plaintiff identified in Answer to Interrogatory No. 1(e) . ANSWER: Not applicable. REQUEST FOR PRODUCTION NO. 3: Please provide a copy of all documents, reports and other materials identified in Answer to Interrogatory No. 3. ANSWER: Not applicable. q:\home\fcitji\gcbanint.rfp 9