Document jBQByLzxNGYkEmZp98mEyRdB5

j *- 'i ,7, ri-% i ;&> Xyt k -1 'rt Ji:S^ ' '$. dX-'Xjk f./ ^ :.fp , * > ,jl m*1 :V^. ,v*fi 31 1 * v. .$ - V , ~a / / 3 &'<* 7/^3 LAV/ DEPARTMENT JL':: 2 . 1983 A M. RUBINSQn iJ IN THE COURT OP COMMON PLEAS CUXAHOGA COUNTY, OHIO EDITH E. BUMBARGER, Plaintiff, vsUNION CARBIDE CORPORATION, Defendant. CASE NO. 019656 JUDGE BURT K. GRIFFIN PLAINTIFF'S FIRST SET OF Interrogatories directed to defendant union carbide CORPORATION Pursuant to Rule 33 of the Ohio Rules of Civil Procedure, the following interrogatories are propounded to defendant, Union Carbide Corporation, to be answered, in writing and under oath, within thirty (30) days from the time of service hereof. These interrogatories shall be deemed continuing so as to require supplemental answers if you or your attorneys obtain further information between the time answers are served and the time of trial. ^ Uwomeit IMCOMOM. H(U1* I |<MCMnMtee.LA If1 M^TMIlOOff IlNoiMim tmuxNO O 441U Ttdian-tm v "'3 - ucc S $-& , 'I * 'v ! ' '? ,-aV ` ` ; >J- r.r ifl? 1. Hereinafter, "PVC" shallrefer to this defendant's product known as Bakelite additive LP-33, a styrene monomer solution containing thirty-three percent (33%) of a vinyl chloride--vinyl acetate copolymer resin. 2. Plaintiff Edith E. Bumbarger shall hereinafter be referred to as "Plaintiff" unless otherwise specified. 3. Defendant Union Carbide Corporation sha-ll hereinafter be referred to as "This Defendant" unless otherwise specifiea. 4. The. Glastic Company located at 4321 Glenridge Roaa, South Euclid, Ohio 44121 shall hereinafter be referred to as "Employer" unless otherwise specified! 5. Whenever the identity of a person or business entity is requested, please supply the following information: -a. The full name; b. The current residence address; c.'.The current residence telephone number; d. The job capacity/job title with a description thereof presently held by the individual identified. 6. ' Any time the word "you" is utilized througnout this discovery,,, it shall refer to the individual answering this discovery on behalf of This Defendant or This Defendant, itself. UOC 046196 1. Please give the names and addresses, jOu title and/or official capacities of the person or persons answering these interrogatories. ANSWER: 2. Please state whether there are any witnesses which are known to you pertaining to the accident set forth in the Complaint. ANSWER: 3 04O' ? W UWf 3. If the answer to the preceding interrogatory is in the affirmative/ please state as to each and every witness known to you, or. your' attorney, or to any agent or employee of this defendant: a. his or her name and address. b. the location of each witness at the time he or she witnessed any of the events set forth in the Complaint of this action. ANSWER: '4. Were statements obtained from anyone in connection with the allegations in the Complaint? ANSWER: ucc 046198 '* A'*'* * > 'JW; llll 5. If the answer to the preceding interrogatory is in the affirmative, for each statement state: a. the name and address, capacity and place of employment of each such person who gave such statement. b. the date on which the statement was obtained. c. whether the statement was oral, written or recordeo, . and d. the name, address and occupation of each person who has present custody or control of such statement. ANSWER: ? fil-Ji ,: || ^ iv f ^ i :m% i -r4 6. Identify each and every person who this defendant expects to. call as an expert witness at trial and state: a. the subject matter on which the expert is expected - to testify. b. the substance of the facts to which' the expert is expected to testify. c. the opinions to which the expert is expected to testify. d. a;-summary of the grounds for each opinion. uw QWCKt Of I *1*0, MMMIN, HMWH. JACOMOH, A ttfCAWTHY CO, t#A (VtMTMfLOOft EMQMCm ftUfLDWG | ClCVtU^.0Hl044ll4 oWttt*2nD e. whether any written or recorded report was made by him or her. 5 0u4c6n19-9 `H & Jl '. A1*# waMM 'Mwi m mm ';,? fl] , 'f ' I .:? : * i iV1 .; .{>-I &< 4: . %*& ' ..''ijv . ' :'v>J ANSWER: f. . state in detail the qualifications of the expert With particular reference to the issues about which said person may be called to testify at the trial of this action. 7. State whether this defendant was covered by liability insurance at the time of the accident alleged in the Complaint. ANSWER: u 4 T '^4 km 8. If the answer to the preceding interrogatory is in the affirmative*- state the name(s) of the insurer(s), the amount of liability insurance covering th,is defendant and the policy number(s). ANSWER: MlGMmtt CO, L*JL MVINTHFLOOM twiNini tuiUMNO | CUVILANe. OMO 4i114 (21)'61a00 UCC 046200 C V ^ 'tr ?! - Am there any reinsurance treaties* omnibus and/or umbrella policies which cover this defendant for liability insurance? ANSWER: " 10. If the answer to the preceding interrogatory is in the affirmative, please state the names of the insurance carriers, policy numbers and the policy limits. ANSWER: 'timii .,3 v.ifsi / t' ` l'' *' j mm:iv / :t :pp ^llf il .i- y-`,S **!*'> tfa 11. Please identify all persons who have relevant knowledge of any matter pertinent to this lawsuit. a. in your denial of liability. b. in your denial of a claim .of injury and damages to the'plaintiff. ANSWER: ! ICC 046201 V - `--r JL. - : ' T-"-; 12. State the name and address of each person who this defendant intends to call to testify at trial. ANSWER: ^ `, ' ` v>- V'v, m ,1 M:ai .1 13. Describe any documents-which this defendant intends to offer into evidence at trial. ANSWER: r-s; LAW OFFtCM OF tMTO, NUMHMKO. FUVIN, JACOMOW. MtUJU 1 MFCAOTHV CO. LFJL MVtMTH^LOOA tHOHKM UlCOfNO CLgVUWC. OHIO 44114 C-Jfv V; 14. i>tate wnetner inis Defendant has ever supplied directly ">r indirect)y any product designed, formulated or manufactured by .hi.> defendant to the Employer for a period ot time five (5) years prior to and including April 15, 1979. ANSWER: 15. If the answer to the preceding interrogatory is in the affirmative,, please provide the following information: a* -'The product distributed; b. 'The date of distribution; ci\ Whether any documents exist confirming such .distribution; d.- Whether such product, contained, in any amount, vinyl chloride monomer, even though such amount .was less than one part per million ("ppm") unreacted monomer. ANSWER: . 16. Please describe the improvements and modifications made by This Defendant to its solvent and.dispersion vinyl resin processes so that.the level of residual vinyl chloride monomer is IJCC 046203 :?V ,;i r* less than one ppm as indicated in Exhibit A, attached hereto. ANSWER: #= 'ill . flftl '70:fv:;l ill , //. jL ?, 17* In regard to the preceding interrogatory, please state the method by which resin stock in existence prior to the changed process was stored, destroyed or eliminated. ANSWER: 'li4 K. f: ;fsl' if llfil raMA'V' ',.i< J1; ' i if :y l;,,; .4-. 1*$ ` 18; Afr it relates to resin stock prior to the aforementioned changed process, please state the amount in ppm's, on an average, of residual vinyl chloride monomer contained therein for a period of time five (5) years prior to*such changed process. ANSWER: if j :?; .;:& LAW OFFiCii OF [WTfO. MUVfcMftO. FLAVIN. JACOtO*. NtLLW 4 N*CAATWC0,|_AA tVBMTN FLOOH tNQMCIM aUHJMNO CUVttANO. OHIO 4*114 (iWtti-IttlQ h.iWl Vj 3:3k?*", 111' 10 ucc 046204 'S' * $-1 --____ ^`i < &\ 7*v- 19. Please describe fully and completely the metnod by which This Defendant monitors the level of rUdual vinyl chloride monomer in its solvent and dispersion vinyl resins both prior and subsequent to the.aforementioned changed process. ANSWER: 20. Please state whether This Defendant employs vacuuming to remove unreacted vinyl chloride. ANSWER: 21. If the answer to the preceding interrogatory is in the affirmative, please describe fully and completely such method of removing unreacted vinyl chloride. ANSWER: 11 0*620* r.'ritr f-v 22 . If vacuuming is utilized, please state whether This Defendant is aware of any times that vacuum pump* broke down, which pumps were utilized to remove unreacted vinyl chloride and, if so, describe fully and completely the methodology utilized to remove the unreacted vinyl chloride given such condition. ANSWER: 23. As it relates to any solvent and dispersion vinyl resins distributed by This Defendant, directly or indirectly, to the Employer, please provide statistics concerning the resin demand by customers during the period of time such resins were shipped to the Employer. ANSWER: 24. Please identify the locations at which This Defendant employed processes to assure that the level of residual vinyl chloride monomer was less than one ppm. ANSWER: 12 UCC 046206 28. Identify any and all Occupational Safety and Administration (OSHA) standards applicable to the manufacture, use and distribution of resins containing polyvinyl chloride and/or vinyl chioride monomer, in any amount. ANSWER! .29. Has This Defendant ever been named a defendant in any action, other than the present one, to recover damages for injuries allegedly received as the result of exposure to polyvinyl chloride or vinyl chloride moncmer contained in any. products manufactured by This Defendant for a period of time ten (10) years prior to and including the present time? ANSWER: 3p. If the answer to the preceding interrogatory is in the affirmative, for each action state: a. The identity of each plaintiff; b. . The identity of each defendant; c. The date such action was filed; d. The name of the court in which such action was filed; e. The docket number of such action; f-. The identity of each and every attorney who represented the plaintiff(s); 14 ucc Q4-f,2np*_* 'fv V ANSWER: fl. The identity of each and every attorney who represented the defendant(s); h. The disposition or outcome of each action not currently pending; The identity of each expert witness who testified or was expected to testify at trial on behalf of any of the parties. m ry 4 ifM f 4' $ ' ': '.1 V, ;M \ } ; J .'I :Wj >4 31. Please identify all individuals who have investigated on behalf of This Defendant any matters pertinent to the instant action, providing the following information: a. The identity of the person requesting such investigation; b. The identity of any individual reviewing the results of such investigation; c. The subject matter of the investigation; law omieti at 'Jpmo. HUMMUS. PUVIH. jacomow. uniat tueumrtea.^*-*. *viwtwhoo* (HOMH aundNO euvmw. ohioaaiu OKI m-n , '*f" .-'-SJriJSS J; d. The period of time during which such investigation was conducted; 15 :;-f vr^ ucc 046209 "" ! .4 :w/J V5 ANSWER: The identity of all individuals contacted for the purpose of providing information pertinent to such investigation. mm !,. v*.' 3S*|| iiltvili 5' '4` I'l ,> *1 $ 'lift kJ.' i-ftlSa 32. For a period of time five (5) years prior to April 15, 1979, has This Defendant ever recalled any of its resin products, after their distribution, upon learning that such products contained more than .05 ppm of vinyl chloride monomer? ANSWER: 33. If the answer to the preceding interrogatory is in the affirmative, please state: a. The customer, person or business entity from whom such product was recalled; LAWQMlCftt OF NUfttNStRO. FUVtM, JACOMOW, WLUW * teCAHTMT CO. LPX CWKTH FlOOM tMMim BUILftHQ OHIO 44114 aiti'tti^aoo b. The date on which such recall occurred; c. The reason for such recall and residual vinyl chloride monomer in excess of .05 ppm; 16 ^cc 1S210 5 P& 'V/a^ 'i *,i*l>4 **'t| ' - >,rX | j 'if' iifli: ' ' &, :* a: > /.'-: '!' . - ,* >i\ ANSWER: d. Any corrective or remedial measures taken to prevent such occurrence in the future. .. >-*< 34. Has This Defendant performed any studies relative to the hazards associated with exposure to vinyl chloride monomer? ANSWER: ' ' '-jt, ..... . R 35. If the answer to the preceding interrogatory is in the affirmative/ please state the following: a. The identity of each and every individual involved in such study: b. The date of such study; c. The reason for such study; d. The results of such study; e. Any measures taken by This Defendant in response to such studies. ANSWER: in otnon Of iro. wnoiuiia. non* UCOHMKUBIl *OA*fHT CO-. LFA T If ;i`* BVtNTMFLOO* tnowan* *UIUNO CLIVHANO. OHIO KIM rtwi >noo 17 ~ t.\- -mwq KOMITO, NURENBERG, PLEVIN, JACOBSON, heller & McCarthy co., l.p.a. Seventh Floor - Engineers building Cleveland, Ohio 44114-1357 (216) 621-2300 ' Attorneys for Plaintiff 18 ucc 046:':