Document mp66godeOqgz211M73qzRR6ng

PLAINTIFF'S EXHIBIT K-1929 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN CATHERINE PRATT, Administrator of the Estate of Ronald Beyer, Deceased, and BARBARA BEYER, Plaintiffs, v. ABEX CORPORATION, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) NO. 96 L17 DEFENDANT, OWENS-ILLINOIS, INC.'S AMENDED AND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' INTERROGATORIES Defendant Owens-Illinois, Inc., without waiving any of its objections that were overruled by the Circuit Court on August 20,1997, hereby provides its Amended and Supplemental Answers to Plaintiffs Interrogatories. INTERROGATORIES Q.l. State the exact name, date and state of incorporation of the corporation providing the answers to these interrogatories and the name ofthe agent or officer who has taken the "reasonable steps to search the `corporate memory' of the corporation (1) investigating the contents of the corporation's records, and (2) trying to ascertain the knowledge of other corporation agents'' as required in Campen v. Executive House Hotel. Inc.. 105 Ill.App.3d 576, 587 (1st Dist. 1982). A.1. Owens-Illinois Glass Company was incorporated in the State ofOhio in 1929. Owens-Illinois Glass Company changed its name to Owens-Illinois, Inc. on April 28,1965. Due to r A 7 fi97 ^ corporate restructuring in 1987, this defendant is now a Delaware Corporation. This defendant states that it has referred to the relevant business records of the Owens-Illinois Glass Company, which are still in the possession of Owens-Illinois, Inc., and to some of the documents produced by OwensComing Fiberglas Corporation in the asbestos litigation, in connection with the preparation of answers to these interrogatories unless otherwise indicated. No single agent or officer has attempted to "search the `corporate memory'" regarding the matters involved in these interrogatories. The efforts to investigate the Company's records or contact individuals with personal knowledge regarding those matters were conducted many years ago when the Company was first sued concerning asbestos-related claims. The investigations involved a variety ofpeople, particularly members of the in-house legal staff of Owens-Illinois and outside counsel. It appears that the investigations were directed primarily by Michael E. McConnell, first as outside counsel and later as an in-house lawyer at Owens-Illinois. Mr. McConnell died in 1990. Owens-Illinois believes that no current Owens-Illinois employee participated in those investigations. Moreover, Owens-Illinois believes that no current Owens-Illinois employee ever had management responsibility for, or was an employee in, the Kaylo division before the division was sold to Owens Coming Fiberglas Corporation on or about April 30,1958. Q.9. If you were named or covered under any policy of insurance, which provides coverage for any claim stated in the complaint, state as to each such policy: the name of the company; the policy number, the effective period; the maximum liability limits; what amounts, if any, have previously been paid under the policy which in the opinion of the carrier reduces the coverage available; whether the carrier denied coverage or tendered a defense under a reservation of rights; whether the policy contains any first party medical pay or disability coverage, and, if so, -2- describe the coverage; and which, if any, of the carriers listed in your answer is providing a defense to this suit. A.9. This Defendant states that while the issues surrounding its insurance coverage for asbestos claims are complex, this particular case is not "covered under any policy of liability insurance" because the projected liabilities of Owens-Illinois are larger than its remaining insurance coverage. Owens-Illinois currently pays all its asbestos litigation costs out ofits corporate revenues, although it expects that a certain portion ofthese costs to be reimbursed by certain insurance carriers. Q.10. State the name and address ofeach person who has employed the lawyerfs) representing you in this case. Illinois Supreme Court Rule of Professions Conduct 3.3 (a) (8). A.10. The lawyers representing Owens-Illinois, Inc. in this case are employed by Owens-Illinois, Inc. Q.ll. State the following about each current employee of Defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. A.11. Incorporating the limitation stated by Judge Dearborn in open court on August 20,1997, this Defendant states that no current employee of Owens-Illinois who is responsible for the health of Owens-Illinois' employees possesses a medical degree. Q.12. State the following about each current employee of Defendant who is an industrial hygienist: name, business address and job title. A.12. Incorporating the limitation stated by Judge Dearborn in open court on August 20,1997, Owens-Illinois identifies the following employees: John Cantello, Corporate Manager -3- Owens-Illinois, Inc. One SeaGate Toledo, Ohio 43666 Steve Fuller, Supervisor of Technical Development Corporate Safety & Health Department Owens-Illinois, Inc. 3107 Sylvan Road Atlanta, Georgia 30354 Bill Whelan, Senior Regional Safety & Health Administrator Owens-Illinois, Inc. 201 Kane Street Baltimore, Maryland 21224 Q.13. Has Defendant ever had one or more persons who primary responsibility included looking after or monitoring the health of Defendant's employees, such as a medical director? If so, state the following as to each person who has held this position: (a) the name and address of the person; (b) the name ofthe position he or she held; (c) the dates during which he or she held the position; (d) the address of his or her office during the time he or she held the position; (e) state whether there was a written job description for that position at that time; (f) if there was a written job description, set forth the words of the description or attached a copy hereto. A.13. (a)-(d) Charles Shook, M.D., now deceased, was employed by Owens-Illinois from March 25,1946 until June 30,1960 and had primary responsibility for monitoring the health of Owens-Illinois employees. Dr. Glenn Usher succeeded Dr. Shook for the period April 1,1961 to December 31, 1969. Dr. George Bates held this responsibility from March 1, 1971 until his retirement on December 31,1983. After December 31,1983, Owens-Illinois did not have a full-time corporate medical director, although Dr. Bates has continued to provide part-time consulting services -4- since his retirement. All medical directors have maintained offices at Owens-Illinois, Inc. One Seagate, Toledo, Ohio 43604. (e) Owens-Illinois has found in its business records two written job descriptions for the position of Corporate Medical Director, one dated in 1973 and the other dated in 1984. Copies of these descriptions will be furnished to Plaintiffs counsel upon request. Q.15. Have there been any studies of the effect of asbestos upon the health of any ofDefendant's employees? Ifso, state: (a) the description or title of the study; (b) the dates during which it was made; (c) the location or locations of the plants at which the employees were employed; (d) the number of employees studied; (e) brief description of the study; (0 whether any of the results were reported into written form, and ifso, who now has a copy of the report. A.15. (a) Based on the deposition testimony of its former industrial hygienist. Willis Hazard, Owens-Illinois believes that Kaylo plant employees received periodic x-rays in an attempt to monitor whether there was any effect of asbestos exposure upon the health of those employees. These x-rays did not demonstrate any asbestos-related disease. (b) The program appears to have been in effect as early as 1948. OwensIllinois has not found information sufficient to determine when this program ended, but Owens- Illinois sold the Kaylo division to OCF in April, 1958. (c) The employees were from plants located in Berlin and Sayreville, New Jersey; -5- (d) Owens-Illinois has not found information sufficient to answer this portion of this interrogatory; (e) See answer to (a) above; and (f) See answer to (d) above. Q.26. List the names and addresses ofall other persons (other than person heretofore listed) who have knowledge ofthe facts ofthe occurrence and/or ofthe injuries and damages claimed to have resulted therefrom. ISC Form Int 25. A.26. Incorporating Judge Dearborn's definition of "the occurrence" as the alleged conspiracy, this Defendant maintains its denial of the existence of any conspiracy involving this Defendant Accordingly, this defendant has no knowledge ofnames and addresses of the purported "facts" of the alleged conspiracy. This defendant has no knowledge of any person, other than disclosed witnesses and undisclosed consulting experts, who has knowledge of the facts of the injuries or damages claimed by the plaintiff. Matthew J. Fischer SCHIFF HARDIN & WAITE 7200 Sears Tower Chicago, Illinois 60606 (312) 258-5591 Attorneys for OWENS-ILLINOIS, INC. -6- STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN CLARICE MILLER, Individually, and ) CLARICE MILLER and VAN MILLER, as ) Co-Special Administrators of the Estate of ) Ralph Miller, Deceased, Plaintiffs, ) ) ) > v. ) . OWENS-CORNING, et al., Defendants. ) ) ) ) NO. 95 L 360 CERTIFICATE OF SERVICE I hereby certify that on October 3,1997,1 served a copy ofDefendant Owens-Illinois' Amended and Supplemental Responses to Plaintiffs' Interrogatories on all attorneys listed on the attached service list, by depositing same in the United States Mail in Chicago, Illinois, postage pre paid. SCHIFF HARDIN & WATTE Matthew J. Fischer 7200 Sears Tower Chicago, Illinois 60606 (312)258-5500 Firm No. 1437 OCT 0 7 tS7<#3" Attorney for Plaintiffs: James Walker James Walker, Ltd. P.O. Box 3455 Bloomington, Illinois 61702-3455 SERVICE LIST Attorneys for Charter: John E. Frey David A. Korn Wildman, Harrold, Allen & Dixon 225 West Wacker Drive Chicago, Illinois 60606-1229 Attorneys for Great Lakes Carbon: Philip M. O'Donnell Steven A. Wakeman Kingery Dupree Wakeman & Ryan, Assoc. 915 Commerce Bank Building Peoria, Illinois 61602 Attorneys for Met Lift; Edward M. Crane Mark E. Rakoczy Skadden, Alps, Slate, Meagher & Flom 333 West Wacker Drive Chicago, Illinois 60606 Attorneys for PCO Kristine Kraft Polsinelli, White, Vardeman & Shalton 100 S. Fourth Street, Suite 1110 St. Louis, Missouri 63102 -8- Attorneys for ICRR: Thomas Peters Mark R. Kurz Gundlach, Lee, Eggmann, Boyle & Roessler 5000 West Main Street Box 23560 Belleville, Illinois 62223-0560 Attorneys for Grefco: Robert Spitkovsky Johnson & Bell, Ltd. 222 North LaSalle Street Suite 2200 Chicago, Illinois 60601 Attorneys for Abei Corporation A Abex. Inc.: Robert W. Scott Timothy Swain Swain, Hartshorn & Scott 411 Hamilton Boulevard Suite 1806 Peoria, Illinois 61602-1104 Attorneys for Ravmark: Mark E. Liabo Tom Riley Law Finn 4040 First Avenue, N.E. Cedar Rapids, Iowa 52402 CHI3:147736.1 10.03.97 15.33 -9- STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN CLARICE MILLER, Individually, and ) CLARICE MILLER and VAN MILLER, as ) Co-Special Administrators of the Estate of ) Ralph Miller, Deceased, ) ) Plaintiffs, ) ) v. ) ) OWENS-CORNING, et al., ) ) Defendants. ) NO. 95 L 360 DEFENDANT, OWENS-ILLINOIS, INC.'S AMENDED AND SUPPLEMENTAL RESPONSES TO PLAINTIFFS* INTERROGATORIES Defendant Owens-Illinois, Inc., without waiving any of its objections that were overruled by the Circuit Court on August 20,1997, hereby provides its Amended and Supplemental Answers to Plaintiffs Interrogatories. INTERROGATORIES Q.l. State the exact name, date and state of incorporation of the corporation providing the answers to these interrogatories and die name ofthe agent or officer who has taken the "reasonable steps to search the 'corporate memory' ofthe corporation (1) investigating the contents of the corporation's records, and (2) trying to ascertain the knowledge of other corporation agents" as required in Campen v. Executive House Hotel Inc.. 105 Dl.App.3d 576,587 (1st Dist 1982). A.1. Owens-Illinois Glass Company was incorporated in the State ofOhio in 1929. Owens-Illinois Glass Company changed its name to Owens-Illinois, Inc. on April 28,1965. Due to OCT 0 7 7<J^ corporate restructuring in 1987, this defendant is now a Delaware Corpqration. This defendant states that it has referred to the relevant business records of the Owens-Illinois Glass Company, which are still in the possession of Owens-Illinois, Inc., and to some of the documents produced by OwensComing Fiberglas Corporation in the asbestos litigation, in connection with the preparation of answers to these interrogatories unless otherwise indicated. No single agent or officer has attempted to "search the `corporate memory'" regarding the matters involved in these interrogatories. The efforts to investigate the.Company's records or contact individuals with personal knowledge regarding those matters were conducted many years ago when the Company was first sued concerning asbestos-related claims. The investigations involved a variety ofpeople, particularly members of the in-house legal staff of Owens-Illinois and outside counsel. It appears that the investigations were directed primarily by Michael G. McConnell, first as outside counsel and later as an in-house lawyer at Owens-Illinois. Mr. McConnell died in 1990. Owens-Illinois believes that no current Owens-Illinois employee participated in those investigations. Moreover, Owens-Illinois believes that no current Owens-Illinois employee ever had management responsibility for, or was an employee in, the Kaylo division before the division was sold to Owens Coming Fiberglas Corporation on or about April 30, 1938. Q.9. Ifyou were named or covered under any policy of insurance, which provides coverage for any claim stated in the complaint, state as to each such policy: the name of the company; the policy number, the effective period; the maximum liability limits; what amounts, if any, have previously been paid under the policy which in the opinion of the carrier reduces the coverage available; whether the carrier denied coverage or tendered a defense under a reservation of rights; whether the policy contains any first party medical pay or disability coverage, and, if so, -2- describe the coverage; and which, if any, of the carriers listed in your answer is providing a defense to this suit. A.9. This Defendant states that while the issues surrounding its insurance coverage for asbestos claims are complex, this particular case is not "covered under any policy of liability insurance" because the projected liabilities of Owens-Illinois are larger than its remaining insurance coverage. Owens-Illinois currently pays all its asbestos litigation costs out of its corporate revenues, although it expects that a certain portion ofthese costs to be reimbursed by certain insurance carriers. Q.10. State the name and address of each person who has employed the lawyers) representing you in this case. Illinois Supreme Court Rule of Professions Conduct 33 (a) (8). A.10. The lawyers representing Owens-Illinois, Inc. in this case are employed by Owens-Illinois, Inc. Q.ll. State the following about each current employee of Defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. A-11. Incorporating the limitation stated by Judge Dearborn in open court on August 20,1997, this Defendant states that no current employee of Owens-Illinois who is responsible for the health of Owens-Illinois' employees possesses a medical degree. Q.12. State the following about each current employee of Defendant who is an industrial hygienist: name, business address and job title. A.12. Incorporating the limitation stated by Judge Dearborn in open court on August 20,1997, Owens-Illinois identifies the following employees: John Cantello, Corporate Manager -3- Owens-Illinois, Inc. One SeaGate Toledo, Ohio 43666 Steve Fuller, Supervisor of Technical Development Corporate Safety & Health Department Owens-Illinois, Inc. 3107 Sylvan Road Atlanta, Georgia 30354 Bill Whelan, Senior Regional Safety & Health Administrator Owens-Illinois, Inc. 201 Kane Street Baltimore, Maryland 21224 Q.13. Has Defendant ever had one or more persons who primary responsibility included looking after or monitoring the health of Defendant's employees, such as a medical director? If so, state the following as to each person who has held this position: (a) the name and address of die person; (b) the name of the position he or she held; (c) the dates during which he or she held the position; (d) the address of his or her office during the time he or she held the position; (e) state whether there was a written job description for that position at that time; (f) if there was a written job description, set forth the words of the description or attached a copy hereto. A.13. (a)-<d) Charles Shook, M.D., now deceased, was employed by Owens-Illinois from March 25,1946 until June 30,1960 and had primary responsibility for monitoring the health of Owens-Illinois employees. Dr. Glenn Usher succeeded Dr. Shook for the period April 1,1961 to December 31, 1969. Dr. George Bates held this responsibility from March 1, 1971 until his retirement on December 31,1983. After December 31,1983, Owens-Illinois did not have a full-time corporate medical director, although Dr. Bates has continued to provide part-time consulting services -4- since his retirement. All medical directors have maintained offices at Owens-Illinois, Inc. One Seagate, Toledo, Ohio 43604. (e) Owens-Illinois has found in its business records two written job descriptions for the position of Corporate Medical Director, one dated in 1973 and the other dated in 1984. Copies of these descriptions will be furnished to Plaintiffs counsel upon request. Q.15. Have there been any studies of the effect of asbestos upon the health of any of Defendant's employees? If so, state: (a) the description or title ofthe study; (b) the dates during which it was made; (c) the location or locations of the plants at which the employees were employed; (d) the number of employees studied; (e) brief description of the study; (f) whether any ofthe results were reported into written form, and if so, who now has a copy of the report. A-15. (a) Based on the deposition testimony of its former industrial hygienist. Willis Hazard, Owens-Illinois believes that Kaylo plant employees received periodic x-rays in an attempt to monitor whether there was any effect of asbestos exposure upon the health of those employees. These x-rays did not demonstrate any asbestos-related disease. (b) The program appears to have been in effect as early as 1948. OwensIllinois has not found information sufficient to determine when this program ended, but Owens- Illinois sold the Kaylo division to OCF in April, 1958. (c) The employees woe from plants located in Berlin and Sayreville, New Jersey; -5 - (d) Owens-Illinois has not found information sufficient to answer this portion of this interrogatory; (e) See answer to (a) above; and (f) See answer to (d) above. Q.26. List the names and addresses ofall other persons (other than person heretofore listed) who have knowledge ofthe facts ofthe occurrence and/or ofthe injuries and damages claimed to have resulted therefrom. ISC Form Int 25. A.26. Incorporating Judge Dearborn's definition of"fire occurrence" as the alleged conspiracy, this Defendant maintains its denial of die existence of any conspiracy involving this Defendant. Accordingly, this defendant has no knowledge ofnames and addresses of the purported "facts" of the alleged conspiracy. This defendant has no knowledge of any person, other than disclosed witnesses and undisclosed consulting experts, who has knowledge of the facts of the injuries or damages claimed by the plaintiff. Matthew J. Fischer SCHIFF HARDIN & WAITE 7200 Sears Tower Chicago, Illinois 60606 (312) 258-5591 Attorneys for OWENS-ILLINOIS, INC. -6- STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN CATHERINE PRATT, Administrator of the) Estate of Ronald Beyer, Deceased, and ) BARBARA BEYER, ) ) Plaintiffs, ) ) v. ) ) ABEX CORPORATION, et al., ) ) Defendants. ) NO. 96 L17 CERTIFICATE OF SERVICE I hereby certify that on October ^ , 1997,1 served a copy of Defendant OwensIllinois' Amended and Supplemental Responses to Plaintiffs' Interrogatories on all attorneys listed on the attached service list, by depositing same in the United States Mail in Chicago, Illinois, postage pre-paid. SCHIFF HARDIN & WAITE Chicago, Illinois 60606 (312) 258-5500 Firm No. 1437 -7OCT o 7 897 t Attorney for Plaintiffs: James Walker James Walker, Ltd. P.O. Box 3455 Bloomington, Illinois 61702-3455 Attorneys for Charter: John E. Frey David A. Kora Wildman, Harrold, Allen & Dixon 225 West Wacker Drive Chicago, Illinois 60606-1229 ' ' va. ; : Attorneys for Great Likes Cirfron: Philip M. O'Donnell Steven A. Wakeman Kingery Dupree Wakeman & Ryan, Assoc. 915 Commerce Bank Building Peoria, Illinois 61602 Attorneys for Met Life: Edward M. Crane Marie E. Rakoczy Skadden, Arps, Slate, Meagher & Flom 333 West Wacker Drive Chicago, Illinois 60606 Attorneys for PCC; Kristine Kraft Polsinelli, White, Vardeman & Shalton 100 S. Fourth Street, Suite 1110 St. Louis, Missouri 63102 -8- Attorneys for ICRR: Thomas Peters Mark R. Kurz Gundlach, Lee, Eggmann, Boyle & Roessler 5000 West Main Street Box 23560 Belleville, Illinois 62223-0560 Attorneys for Grcfco: Robert Spitkovsky Johnson & Bell, Ltd. 222 North LaSalle Street Suite 2200 Chicago, Illinois 60601 Attorneys for Abex Corporation & Abex. Inc.; Robert W. Scott Timothy Swain Swain, Hartshorn & Scott 411 Hamilton Boulevard, Suite 1806 Peoria, Illinois 61602-1104 Attorneys for Ravmark Mark E. Liabo Tom Riley Law Firm 4040 First Avenue, N.E. Cedar Rapids, Iowa 52402 CHI3:147720. 10.03.97 15.33