Document mq19pkgGQV5Z1rOzX8qMwM6Ed

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ETTA WALLACE, personal representative of the Estate of Fred A. Wallace, et al., plaintiffs, vs, CHRYSLER PLASTIC PRODUCTS CORPORATION, et al., Defendants. ) Case No. C 84-7864 ) [Hon. Nicholas J. Walinski] ) ) RESPONSE OF DEFENDANT UNIROYAL, ) INC.TO PLAINTIFFS' INTER- ' ) ROGATORIES DIRECTED TO ALL ) DEFENDANT PVC MANUFACTURERS ) ) ) ) ) ' . ' -oOo-- ' % ' Now comes defendant. Uniroyal, Inc.t and for its response to plaintiffs' interrogatories,, states as follows: . INTERROGATORY NO. 1: Are you a manufacturer of polyvinyl chloride (PVC) resin? ANSWER; No INTERROGATORY NO. 2; When did you first begin manufacturing PVC resin? ANSWER: Approximately 1950 INTERROGATORY NO. 3: Have you manufactured PVC resin continuously since the date indicated in your answer to interrogatory number 2? ANSWER: No. Uniroyal ceased the manufacture of PVC resin in 1975. UCC 04.5335 INTERROGATORY NO. 4: Indicate the percentage of all PVC resin manufactured by you in calendar year 1967 that was the result of the following processes: (a) suspension;' (b) emulsion; (c) bulk; or, (d) solution. ANSWER: a. Approximately 50% b. Approximately 50% c. 0 d. 0 INTERROGATORY NO. 5: Indicate the extent to which the percentages of your total PVC resin output attributed -to .any of. ' '` ` ` the four, processes identified in the prior interrogatory.have 1. changed since calendar*year 1967, by indicating, the specific changes made and dates of all such changes. ANSWER: There was no substantial change in percentage from 1967 to 1975. INTERROGATORY NO. 6: Did you sell any PVC resin to Chrysler during calendar year (a) 1967; (b) 1968; (c) 1969; (d) 1970; (e) 1971; (f) 1971 [sic]; (g) 1972; (h) 1973; (i) 1974; (j) 1975; (k) 1976; (1) 1977; (m) 1978; (n) 1979; and, (o) 1980. ANSWER: (a) No (b) Yes (c) Yes (d) Yes (e) Yes (f) Yes -2- ucc 045836 (g) Yes (h) Yes (i) Yes (j) Yes" (k) No (1) No (m) No (n) No (o) No INTERROGATORY NO. 7: If your answer to the preceding interrogatory is* in any part, "yes", indicate the total volume of PVC sold to Chrysler during every year that you sold PVC resin to Chrysler.. ' * ANSWER;' 1968 1969' 1970 1971 1972 1973 1974 1975 10,000 lbs'. 1,423,900'lbs. ' -4,291/750 lbs. 689,950 lbs. 1,202,250 lbs. 879,450 lbs. 705,400 lbs. 964,750 lbs. / . . r ; INTERROGATORY NO. 8: For every calendar year between 1967 and 1980, inclusive, that you sold PVC resin to Chrysler, indicate the percentage of such resin which was manufactured by the following processes: (a) suspension; (b) emulsion; (c) bulk; (d) solution. ANSWER: Year 1968 1969 1970 1971 Suspension % 100% 98.7% 94.4% - Emulsion % 1.3% 5.6% Approx. 100% -3- 1972 1973 1974 1975 6.7% 21% 93.3% Approx. 100% 100% 79% INTERROGATORY.NO. 9: Did you at any time conduct any testing to determine the concentration of vinyl chloride monomer contained in your PVC resin at any- time following manufacturing? ANSWER: Yes INTERROGATORY NO. 10: If your answer to the preceding interrogatory is "yes," indicate: (a) what testing was done; (b) when such testing was done; (cl who conducted the testing; and; (d) what the results were. . ANSWER: ' * '' a. See Attachment 1 for tables and charts which show tests for residual VCM in RVC as produced and/or stored. b. During 1974 and 1975. c. On information and belief, R.A. Poxon. d. See Attachment 1. INTERROGATORY NO. 11: For every calendar year in which you sold PVC resin to Chrysler, indicate what percentage of the PVC resin sold was: (a) homopolymer; (b) copolymer; or, (c) terpolymer. ANSWER: Year 1968 1969 Homopolymer 100 99 -4- Copolymer _ 1 UCC 045833 1970 1971 1972 1973 1974 1975 97.2 64.1 76.2 .63.2 83.1 83.3 2.8 35.9 23.8 36.8 16.9 16.7 INTERROGATORY NO. 12: With respect to every PVC-resin from you to Chrysler, indicate .the date on which .such resin was manufactured and the date on which such resin was shipped to Chrysler. ANSWER: Uniroyal is unable to locate records which would provide the information requested in this interrogatory. .. INTERROGATORY NO. 13: Did you, at any time, notify Chrysler of any studies indicating that vinyl chloride monomer was: (a) hazardous to human health or (b) that vinyl chloride monomer was a suspected carcinogen? ANSWER: Yes INTERROGATORY NO. 14: If your answer to the prior interrogatory is "yes," state in full, the date and substance of every such notification to Chrysler. ANSWER; Beginning about April 1, 1975, the warning, "Polyvinyl Chloride contains Vinyl Chloride. Vinyl chloride is a cancer suspect agent" was placed on every bag or other shipping container of PVC leaving Uniroyal's plant. Upon information and belief, a letter was sent to each customer of PVC on or about April 1, 1975, containing -5- uec 045839 the same notice. Uniroyal has not been able to find a copy of such letter at the present time. INTERROGATORY NO. 15; When did you first become aware of any study indicating that vinyl chloride monomer was a suspected carcinogen; or, (b) hazardous to human health? ANSWER; a. Suspected carcinogen - January 1974. b. At a date unknown, but probably prior to 1950, Uniroyal became aware of possible health hazards which might arise from exposure to vinyl chloride monomers. INTERROGATORY NO. 16.: What steps were taken by you prior to, or during' the course of, your sales of PVC resin to [ Chrysler, to determine the concentration of residual vinyl chloride monomer in said resin. ANSWER; See answer to Interrogatory No. 10. INTERROGATORY NO. 17; What steps were taken by you prior to, or during the course of, your sales of PVC resin to Chrysler, to determine whether any component of that resin was an actual or potential carcinogen? ANSWER; Uniroyal participated in whatever industry studies w re undertaken with respect to the subject. INTERROGATORY NO. 18; Did Chrysler, at any time, ever ask you whether you were aware of any studies indicating that -6- ucc 045840 exposure or overexposure to vinyl chloride monomer posed any actual or potential human health hazard? ANSWER: Upon information and belief, no. INTERROGATORY NO. 19; Describe the steps taken by you subsequent to January, 1967 to reduce the concentration of residual vinyl chloride monomer in PVC resin manufactured by you. ANSWER: Increased vacuum stripping was.used in 1974 and 1975 which, produced some reduction in residual VCM. Tire steps taken to comply with the OSHA directives . regarding workplace exposure to VCM, had the effect ofl also lowering the residual VCM in PVC. INTERROGATORY NO. 20: State the full name, home address and business address of your employee who is most knowledgeable concerning the residual concentrations of vinyl chloride monomers in the PVC resins manufactured by you between January 1, 1967 and December 31, 1980. ANSWER: Benton R. Leach Uniroyal Chemical Co. Benson Road Miaaiebury, CT 06749 Home Address: 27 Rimmon Hill Road Woodbridge, CT 06525 ucc 045841 AS TO OBJECTIONS: Of Counsel For Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock COrp., Tenneco,' Inc. . and Occidental Chemical Corp.: FULLER & HENRY 120C Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 /,> j ' i^^b j Robert A. Bunda 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo,. Ohio. 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Responses to Plaintiff's Interrogatories Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray & Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel as set forth in the attached Schedule of Service this fV/ day of October, 1986. An At^igrj&ey forj defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. UCC 045b'42 SCHEDULE OF SERVICE M. Donald Carmin, Esq. 800 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P. Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant DiversiTech General, Inc. S. Stuart Eilers, Esq. Douglas N. Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bamman, Esq. 414 K. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc.