Document k6d742knxbqYXEMGqwaMG13GB

EDITH ft. BELLIN, as Administratrix of the Estate of LOUIS hfm.tm. Plaintiff, vs. EAGLE PICKER INDUSTRIES, INC., et el., Defendants. IN THE CIRCUIT COURT OP THE llTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTT GENERAL JURISDICTION DIVISION CASE NO. 84-27650 NOTICE OF FILING ANSWEPS TO INTERROGATORIES Fla. Bar *326399 / COMES NON the Defendant, FORD KOTOR COMPANY, by and through its undersigned counsel, and files its Answers to Interrogatories served with Plaintiff's Complaint. I HEREBY CERTIFY that a true and correct copy of the fore going was mailed this 14th day of September, 1984 to all counsel listed on the attached service list. RUMBERGER, VECHSLER 4 KIRK Attorneys for Ford Kotor Company One S.E. Third Avenue Suite 1200 Miami, Florida 33131 PLAINTIFF'S EXHIBIT WV-06327 PLAINTIFFS EXHIBIT Gz.O\ SCF-FORD-3511 BEILIS V. FORD * HAILING LIST ARNOLD R. (BELLMAN, ESQUZRE Attorney for Plaintiff, . 3400 S. Dixie Highway, Suite 100 Miami, Florida 33133 (305) 838-1400 RONALD L. MOTLEY , ESQUIRE Co-Counsel for Plaintiff 174 East Bay Street, Suite 100 Charleston, South Carolina 39401 SUSAN J. COLE, XSOUXRE BLAZRE 6 COLE, P.A. Attorneys for Eagle-Pieher 2101 Ponce de Leon Boulevard Suite S50 Coral Sables, Florida 33134 jc6- Ptf-Mob CLAAX JORDAK-BOLMES, ESQUIRE RICARDO A. FERNANDES, E50UZRE SHACKLEFORD, FARRZOR, SXALLSNCS AND EVANS, P.A. Attorneys for CELOTZX P. O. Box 3324 Taspa, Florida 33601 4/3-312-food PETER MURPHY, ZSQU2RE LEE, SHULTE, MURPHY 6 COE, P.A. Attorneys for Keene 00 Peninsula Federal Building Miaai, Florida 33131 305'31h7!>oo GILBERT A. RADDAD, ESQUIRE HADDAD, JOSEPHS 4 JACK Attorneys for Raymark P. 0. Box 34511B Coral Gables, Florida 33144 (305) 666-6006 JOEL R. WOLFE, ESQUIRE WOLFE 4 LEXBOWZTZ Attorneys for H.K. Porter 607 Blscayne Building 19 W. Flagler Street Miaai, Florida 33130 3C3- Z'JOt-O0L0 THOMAS M. BURKE, ESQUIRE REMBERCER, XZRX, CALDWELL, -v CABANXSS 6 BURKE, P.A. Attorneys for General Motors P. O. Box 1173 . Oylando, Florida 32S03 % CARL E. JENKINS, ESQUIRE WALTO", LASTATT, SCEROEDER 6 CARSON Attorneys for Chrysler P. O. Box 14309 Fort Lauderdale, FL 33303 (305) 425-1802 (305) 463-8456 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY EDITH W. BELLIN, as Administratrix of the Estate of LOUIS BELLIN, Plaintiff. Case No. 64-27650 FORD KOTOR COMPANY, t al.. Defendants. / RESPONSE OF FORD MOTOR COMPANY TO PLAINTIFF'S INTERROGATORIES The response provided herein have been prepared pursuant to a reasonable and duly diligent Investigation and A search for the Information reguested. For many years. Ford has had several hundred thousand employees. Many employees have worked at several of the Ford's facilities. In conduct ing Its business. Ford has each year created many millions of documents that have been kept In nuserous locations and have been moved as the organisations changed and as employees changed jobs. Accordingly, Ford does not represent that the responses contained herein provide all of the Information requested; rather, these responses refleet Information obtained before this date by Ford pursuant to a reasonable and duly diligent search and investigation In those areas where the information is expected to be found. To the extent that the request purports to require more. Ford objects on grounds that Include that compliance with the request probably Is not feasible and would Impose an undue burden or expense. e( Further, if additional discovery requests are served upon Ford In this action. Ford vill not review the present discovery requests to ascertain whether, subsequent to the serving of this response, new information that night be responsive to the present discovery requests has been obtained. To the extent that the present request purports to lapose such obligation. Ford objects on the grounds that the request contravenes the rules and in addition seeks to lapose an undue burden end expense. furthermore, to Bake responding to these requests feasible, it generally 1s appropriate to Unit their scope to friction products and in particular to brake lining dust. These comments and objections are Incorporated into each Ford Aegponse set forth below as if they were set forth in their entirety as they apply to each response. Interrogatory It Have you or any of your subsidiaries at any time since 1940 engaged in the manufacture, distri bution, sale or purchase of asbestos brakes, brake shoes, brake linings or any other component relative to brakes for automobiles, trucks or other motor vehicles? If the answer is yes, please furnish the following* " a. The trade name(s) of such asbestos hrakas, brakes shoes, brake linings or components whether you made them, distributed, bought them or sold them. Z b. For the years 1940-1965, the name, address and telephone lumber of each of the suppliers of asbestos brake shoes, linings, or other components with whoa you dealt, and for each, described which components were supplied, and on which nodal vehicle the components were used. Response: Ford does not manufacture aabestos-contalnlng products for use in brake linings. It purchases preasseabled brake linings from its suppliers which are then Installed in its vehicles or sold as replacement parts. (a) Original equipment products are sold under the name of Ford, Lincoln and Mercury. After-market or replacement products are sold under the name of the Ford Motor Company or Ford authorized Remanufacturers. (b) A chart listing Ford suppliers can be made available. Interrogatory 2: If during the period of 1940-1965 you did manufacture any aabestos-contalnlng brake components, please give for each the year supplier of the asbestos fibers to you or your subsidiary. Including the name, address, and telephone number of each. Response: Not applicable. Ford has never manufactured any asbestos-containing brake components. Interrogatory 3: Please describe the packaging for each of the asbestos containing brake components you pur chased from others. 3 Response; Brake lining and clutch facing assemblies arc shipped in cartons. Interrogatory 4; Fleass deacribo tha packaging for ach of th asbestos-containing brake components you sold. Response! Vehicles are not usually shipped in con tainers, packages or boxes. After-market brake linings and clutch facings are shipped in cartons to authorized dlstributors. Interrogatory 5: Fleass describe your distribution system for aftermarket or replacement asbestos-containing brake components and specifically identify all distributors, wholesalers, or retailers in New York City (including the five burroughs) to whom you sold esbestos-containing brake components during the years 1940-1965. Response! Ford sells its replacement parts through thousands of authorised dealers and distributors. Ford objects to the remaining information requested by this Interrogatory as being overly broad and burdensome. Interrogatory 6 Did you ever manufacture after-market or replacement brake shoes for vehicles other than those manufactured by you? If so, state tho.years you manufactured such asbestos-containing brake components, the vehicles of other manufacturers for whoa such brake components were suitable and the trade name of all such components. Reaaoni Mo. Interrogatory 7: Identify ell trademarks and patents which you have poaeeeeed since 1940 relating to asbestoacontalnlng brake components. Response: None, Interrogatory 8: Do you have la your possession, custody or control any sales brochures, specification sheets, perfomanee data, or other promotional material as well as Installation information, data or brochures which would have accompanied or been distributed in connection with the installation, application or use of each of the aabeatoscontaining brake components you either purchased, manu factured, or sold? If so, state the location of each of these categories of documents and Identify the custodian thereof. Response: Yes. Documents which fall within this category can be made available. Interrogatory 9t Please provide the name of any expert whoa you expect to call as s witness st the trial of this case and for each give: a. The name and address of each such person: b. The date of consultation: II -s- I e.' (S-. e. The subject matter on which the expert le expected to testify. d. The substance of the facts and opinions to which the expert Is expected to testify and a summary of the grounds of each opinion of the expert. ' Response: Unknown. interrogatory 10: Please state the naaes and addresses of all witnesses the defendant Intends to call to testify and give a brief stateaent of the substance of the testimony of each witness. 1- Response: Unknown. Interrogatory 11: For each of the witnesses listed in the preceedlng two Interrogatories, state whether or not a written or recorded stateaent or deposition or testimony has been given by such witness and Indicate who has possession of such stateaent. deposition or testiaony. Response: Not applicable. * Interrogatory 12: Did you provide instructions and/or warnings concerning the potential health hazards of asbestos exposure to either your own employees or third parties whoa you expected to use or cone in contact with your asbestoscontaining brake components? If so, please state i --6-- a. The dte(a) you provided auch instruction* or warnings. b. The Identity of the person or persons who prepared the instructions and/or warnings. c. To whoa th# instructions and/or warnings were sddreasad. d. Th* manner in which th* Instructions were transmitted to your employees and third parties. a. Th* precise wording used in Instructions and/or warnings, the size and color Of such warnings and the location of such warnings. Responsei Yes. On October 24, 1975. ford Technical Service Bulletin 99 was distributed to all Ford and LlncolnMercury dealer*. It recommended that a vacuum cleaner be used for cleaning brakes. In January, 1976, a Technical Service Bulletin was issued to th* dealers indicating that Ford recommended the use of an Industrial vacuum cleaner la brake cleaning operations. Th* 1977 edition of the Rotunda Catalog and Ford's Shop Manual for Dealerships recommended that brakes not be cleaned with an air hose and that vacuum cleaner be used for this purpose. This catalog also recommended the us* of respirators. In November, 1983, Ford issued Bulletin No. 63-22 on asbestos brake and clutch servicing. Technical Service Bulletins are presently dis tributed by mall to approximately 29,000 Ford and LlncolnMereury dealer technicians. These documents are th* result of corporate activity and ara not tha work of any single author. These bulletins have not baen superceded. Furthermore, vlth respect to after-market products sold by Ford, labels were placed on cartons In 1980 which read along such lines ass "CAUTION: Contains asbestos fibers. Avoid creating dust. Breathing asbestos dust nay cause serious bodily harm. When servicing this brake lining or any component related to it or located near it, prevent asbestos dust from becoming airborne by vacuuming the assembly with an industrial type vacuum cleaner equipped with a high efficiency filter system and by washing the assembly with an appropriate brake parts washer if necessary. Never remove dust or dirt from this assembly by bloving with compressed air.* Interrogatory 131 When did you first hear that exposure to asbestos could be hazardous to health? Response: Ford does not know when Ford or one of its employees first had knowledge of the potential health hazards associated with asbestos. Interrogatory 14: Please state the first date on which you first heerd that asbestos exposure could cause: a. Aebestosls b. Lung cancer e. Other cancer d. Mesothelioma For each, state how you heerd shout the danger and from whoa. Response: See Response to 13. Interrogatory lSi Please provide the name of ell medical directors end Industrial hygiene directors of the company since 1940-1965 and state whether each Is alive or deceased. Responsei Ford has employed the following medical directors as part of the Personnel Services Office of the Personnel and Organization staff to monitor the health and safety of its employees. They are located in Dearborn, Michigan. They have been: Barley Krieger, M.D.: ? to 1954, now deceased; E. A. Irvin, M.D.i 1954-1970, now deceased; and Duane D. Block, H.D.: 1970 to present. About 40 Industrial hygienists have been employed at Ford in the last 45 years- - Industrial Hygienes at Ford is a central staff function of the Personnel and Organization Staff. In general, all 40 were classified as industrial hygienists with responsibility to perform Industrial hygiene field studies only at Ford locations. For the aoet part, all of the hygienists were or are members of the American -9 ( Industrial Hygiene* Association and attended its meetings. Ihe names of the 40 are presented as follows in two groups those presently employed end those who have left Ford. Credentials and dates of employment will be listed where known. Present Industrial Hygienists * A.R. Aaberg, B.S., M.S. Industrial Hygiene, CIH 1981 D.S. Carruthera, 8.S., M.S. Occupational & Environmental Health, CIH 1977 O.A. Creschaw, B.S., CIH. SCP, 1956 L. Latorre, B.S., M.S. Industrial Hygiene, CIH 1969 L. K. Lee, B.S., M.S. Industrial Hygiene, CIH 1976 H.B. Lick, B.A.. M.B.A., M.S. OCC. & Env. Health, CIH, CSP 1968 S. S. Mingela. B.S., M.S. Occ. Env. Health. CIH 1977 C.E. Plaster, B.S. 1950 R.L. Wabeke, Supervisor, Industrial Hygiene Section, B.S., M.S. Occ. Env. Health. CIH 1972 M. D. Kelly, B.S. T. F. Strow, B.S. Past Industrial Hvcleniste R. Anderson 1960's L. Parrish 197B-19B1 E. Brown 1960's W. Preston M. Brush 1972-1977 S. K^.jlnovltx W. Delhey 1950's <1. Radcllff, Former Mgr 1948-1972 H. Dryer 1978-1980 L. Redmond 1950's D. Eachelbach 19S0's E. Ross 1950'a 10' Past Industrial Hvalenists fcont.) X Francis 1977*1982 A. Frazho I960*a L. Janaan I960*a J. Sattlemeier I960*a J. Sleaar 1960'a F. Snitx I960'a A. Karpovich 1978*1980 J. Sproat 1977 R. Karatan 1977 W. Kronberger T. Moonay 1930*a J. Stanko 1973 J. Stanko 1973 R. Stltaa 1940*a X. O'Brian 1977*1981 P. Toth, Former Mgr 1960-1982 D. Padden 1930*a J. Weaver 1980'a Interrogatory 16; Plaaae Identify all trade associ ations of which you have bean a member ainca 1940 and for each, state whether you ever attended any meeting in which the hazards of asbestos exposure were discussed. If so, please state the data, place, and nature of the meeting and the speaker or speakers from whom you learned of the hazards Of asbestos. Response; Ford and its employees have had memberships in the American Society for Testing and Materials, Society of Automotive Engineers and American Industrial Hygiene Association. It is not feasible for Ford to Identify all Ford employes who have been or are members of these organisa tions. Ford also bad a membership from January, 1947 through December, 1974 in the Industrial Health Foundation. Ford is a member of the National Association of Manufacturers, Michigan Manufacturers Association, Motor Vehicle Manufacturers Association and the National Safety Council. 11' Hr. P.E. Toth and H.L. Northrop, M.D., formerly Associate Medical Director, represented Ford at the NIOSH brake and clutch aeaeably hazard* seating* in 1975 and 1976. Other seating* aeslnar* were attended by several other industrial hygienists of Ford from 1970 to the present. The Asbestos Information Association reports that representatives of Ford attended an industry-government conference, held annually by the Association as follows: Mr. Janes Stock Hr. R.A. Husen September 19-20, 1979 September 16-17, 1981 It is not feasible to identify all Ford eoployees who stay have attended meetings at which asbestos may have bean a topic. Interrogatory 17: Did you provide respirators to your employees or advise the use of respirators to any on* in connection with the installation, handling or removal of your asbestos-containing brake components? Response: Yes, Ford recommended the use of respirators to purchasers or users in its Rotunda's Spring 1976 Catalogue. Interrogatory 18: Did you receive any cosnents or complaints concerning asbestos health hazards from any of your employees or others who were exposed to your asbestoscontaining products? If so, pleas* state: 12- c. ft I (a) Tbt bum and addraaa of the parson complaining. (b) The nature of tha complaint. (c) Tha data the complaint was racalvad by you. (d) What action If any vas taken In response to tha complaint. Responses Ford objects that this Interrogatory as being overly broad and burdensome. Because of the dif ferences in occupational exposures, the Information sought would not be relevant to the claims asserted herein. Interrogatory 191 Did you receive notice of any workmen's compensation claims alleging Injury as a result of asbestos exposure? If so, please state: (a) The name and address of the claimant. (b) The date you received notice. (c) The state in which the claim was filed. (d) The Injury wlledged in the claim. (e) The outcome of the claim. Responses Ford's records do not permit retrieval of this information as Injuries alleged are described In terms 13 Cv - such as: lunge. chest, bbackk,, silicosis, bronchitis, emphysema, pneumoconiosis, cough, pulmonary system, ate. resulting from exposure to "deleterious substances" and/or "atmospheric pollutants." It Is impossible to ascertain from these records whether or not the alleged Injury was associated with esbestos exposure. Furthermore, because of differences la occupational exposures, the information sought would not be relevant to the claims assarted herein, and Ford objects to this Interrogatory. Ford further objects to this interrogatory because it is vague, ambiguous and overbroad and seeks information which is not discoverable under the laws of the State of Florida. 14- STATE OF COUNTY OF )) ss ) ROBERT D SANBORN _ being First duly sworn, denof>* and ssys the ha is an authorized agent of Ford Motor Company and that ha verifies the foregoing Responses to Plaintiff's Interrogatories for and on behalf of Ford Motor Company, and la duly authorised to do so; that certain of the natters stated herein are not vlthln the personal knowledge of deponent; that the facts stated therein have been assembled by authorized employees and counsel of Ford Motor Company and deponent is informed that the facts stated therein are true. Subscribed and sworn to before ne Notary Public, State of _______ County, BLC2/d/ 15