Document mq8pKQax1YJ91JZEXz8bNmEGb

(( 1 EUGENE BROWN, JR. (State Bar #079824) HARDIN, COOK, LOPER, ENGEL & BERGEZ, LLP 2 1999 Harrison Street, Eighteenth Floor Oakland, CA 94612 3 (510) 444-3131 4 Attorneys for Defendant FORD MOTOR COMPANY 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 IN RE COMPLEX ASBESTOS LITIGATION, 12 13 14 15 No 828684 AMENDED SUPPLEMENTAL RESPONSES OF FORD MOTOR COMPANY TO GENERAL ORDER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 16 PROPOUNDING PARTIES. 17 RESPONDING PARTY: IS SET NUMBER: 19 PLAINTIFFS FORD MOTOR COMPANY GENERAL ORDER NUMBER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 20 COMES NOW Defendant FORD MOTOR COMPANY, hereinafter ("Ford") and 21 hereby submits these Amended Supplemental Responses of Ford to General Order 129 22 Standard Interrogatories To Friction Defendants 23 INTERROGATORIES 24 INTERROGATORY NO. 1 25 IDENTIFY the individual verifying these answers on YOUR behalf. 26 / / / 27 / / / 28 PLLCP*, Ml Ml -1* (( 1 RESPONSE: .\ 2 Without waiving the objections stated below, Ford states that the responses to these 3 imenogatories constitute a corporate response which has been verified by an authorized agent 4 of Ford. The person signing these responses is an employee of Ford who is an authorized 5 agent for the purpose of verifying discovery responses. That person works at Three Parklane 6 Boulevard, Dearborn, Michigan 48126. For that person's name, please refer to the 7 verification page. Ford requests that any contact be made through Ford's counsel. 8 To the extent this interrogatory seeks an additional or different response. Ford objects 9 on the grounds that it seeks information protected by the attorney-client privilege or attorney- 10 work product doctrine. n INTERROGATORY NO. 2 12 State the date of first employment with YOU and the dates and titles of each job 13 position the person who verified these interrogatories has held while employed by YOU. 14 RESPONSE: 15 Without waiving the objections stated below. Ford states that the responses to these 16 interrogatories constitute a corporate response which has been verified by an authorized agent 17 of Ford. The person signing these responses is an employee of Ford who is an authorized 18 agent for the purpose of verifying discovery responses. That person works at Three Parklane 19 Boulevard, Dearborn, Michigan 48126. For that person's name, please refer to the 20 verification page. Ford requests that any contact be made through Ford's counsel. 21 To the extent this interrogatory seeks an additional or different response, Ford objects 22 on the grounds that it seeks information protected by the attorney-client privilege or attorney- 23 work product doctrine. 24 INTERROGATORY NO. 3 25 State whether or not YOU are a corporation and, if so, state: - 26 A. YOUR correct corporate name; 27 B. YOUR state of incorporation; ` 28 PE*, LLP Mt 194) C. 000 oooxxx AAMI469QS The date of YOUR incorporation; -2- (( 1 D. The address of YOUR principal place of business; ^ 2 E. Whether or not YOU have ever held a certificate of authority to do business in 3 the State of California and. if so, the inclusive dates of any certificate; 4 F. If YOU are wholly owned or the majority interest of YOUR COMPANY is 5 owned by another business entity, state the entity's name and principal place of business; 6 . G. Whether YOU have any business offices in California and, if so, YOUR 7 principal place of business in California. 8 RESPONSE: 9 Yes. . 10 (a) Ford Motor Company. ' 11 (b) Ford is a Delaware corporation. 12 (c) Ford was incorporated in the State of Delaware on July 9, 1919. 13 (d) Ford's principal place of business is One The American Road, Dearborn, 14 Michigan 48126. 15 (e) Ford was qualified to conduct business in the State of California on April 16, 16 1920. 17 (f) Not applicable. 18 (g) Ford has business offices in the State of California. However, Ford's principal 19 place of business in One The American Road, Dearborn, Michigan 48126.. 20 INTERROGATORY NO. 4: 21 ....... Have YOU ever been identified, known or done business under any other name in the 22 State of California? 23 RESPONSE; 24 No. 25 INTERROGATORY NO, 5 26 If YOUR answer to Interrogatory No. 4 is in the affirmative, please state such name 27 or names and the time period during which THIS DEFENDANT was so known or identified. 28 RESPONSE: 'PER, LLP M( IiUl 000 oooxxx AAMU6901 -3- 'r ( 1 Not applicable2 INTERROGATORY NO. 6 1 3 If YOU are not a corporation, what is YOUR business structure (partnership, joint 4 venture, sole proprietorship, etc.). 5 RESPONSE: 6 Not applicable. 7 INTERROGATORY NO. 7 8 If YOU are not a corporation, please IDENTIFY all persons or other entities with an 9 ownership interest in YOU. 10 RESPONSE: 11 Not applicable. 12 INTERROGATORY NO. 8 13 If YOU are not a corporation, please state the.following: 14 A. The address where the HISTORICAL RECORDS of THIS DEFENDANT are 15 currently located; and 16 B. The name, job title and current address of the custodian for THIS 17 DEFENDANT'S HISTORICAL RECORDS. 18 As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating 19 to the formation of THIS DEFENDANT, all minutes of partners', general partners' or other 20 owners' meetings and all DOCUMENTS relating to THIS DEFENDANT'S merger with, 21 acquisition of or-purchase-or-sale-of or-by any other COMPANY. ... .. 22 RESPONSE: 23 Not applicable. 24 INTERROGATORY NO. 9 25 IDENTIFY TOUR custodian of Business Records. 26 RESPONSE: 27 Ford objects to this interrogatory on the grounds that it seeks information in violation 28 of attorney-client and attorney work product privileges. PER, LLP ananxxx AAM2MWM -4- .f ( . 1 INTERROGATORY NO. 10 2 IDENTIFY the person or persons most knowledgeable about'. ' 3 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS-CONTAINING 4 FRICTION PRODUCTS; 5 B. . YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING 6 FRICTION PRODUCTS; 7 C. YOUR contracting with others to do work involving use or handling of RAW 8 ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS. 9 RESPONSE: 10 Without waiving any of the objections stated below, Ford states that it has not mined, 11 processed or manufactured asbestos-containing friction products. Ford sold replacement 12 parts which included asbestos-containing brake linings, pads and clutch facings under names 13 such as Ford, Mercury, Ford Authorized Remanufacturers, and under various lines and 14 series names such as Motorcraft. No one person was responsible for "creating, directing, or 15 setting the policy" at Ford with regard to asbestos-containing friction products. However, 16 Mr. Frederick King, a Ford Design Analysis engineer, is generally knowledgeable regarding 17 asbestos-containing friction products. . 18 To the extent that this interrogatory seeks an additional or different response. Ford 19 objects on the grounds that it calls for information protected by the attorney-client, attorney 20 work product and/or trade secret privileges. 21 INTERROGATORY NO. 11................. ..................... .......... ... ............. 22 For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING 23 FRICTION PRODUCTS, state the IDENTITY of physicians, medical directors and/or 24 industrial hygienists employed by THIS DEFENDANT. All other DEFENDANTS need 25 only respond as to medical directors and/or industrial hygienists or physicians employed in 26 the area of employee health and safety. PREMISES owners and domestic corporations need 27 only respond as to the United States only. 28 RESPONSE: 'PER, UP HI JW1 000 oooxxx AAM16690S -5- I( ( 1 Without waiving the objections below, Ford states that it has employed medical 2 directors as part of the Staff to monitor the health and safety of the employees They are 3 located in Dearborn, Michigan They have been 4 Harley Krieger, M D 9 to 1954, now deceased; 5 E A Irvin, M D.- 1954 to 1970, now deceased; 6 Duane L Block, M D 1970 to 1987, and 7 John Tnebwasser, M D. 1987 to present. 8 Ford further states that Industrial Hygiene, a function of Ford's Employee Relations 9 Staff, has employed approximately forty industrial hygienists m the past forty-five years In 10 general, all forty individuals were classified as industrial hygienists with responsibility to 11 perform industrial hygiene field studies only at Ford locations The names of the forty 12 individuals are presented below in two groups - those presently employed and 13 those who have left Ford Credentials and dates of employment will be listed where known 14 Present Industrial Hygienists 15 D S Carruthers, B.S., M S. 16 Occ & Env Health, CIH 17 18 L. Lattore, B.S , M.S 19 Industrial Hygiene, CIH, CSP, 1976 20 21 H. B. Lick, B.A , M.B.A., M.S. 22 Occ & Envc Health, CIH. CSP, 1968 23 24 S.S Mrngela, B,S., M.S. 25 Occ & Env-Health, CIH, CSP, 1977-- --- --- 26 27 M. D. Kelly, B.S., CIH 28 madw, cook iwn, EHQEl 4 lEAQU, LLP imCifhHtMirtRUdainRlelamr t ftaklanft CA Ml2 3$4| FAX ffllO) t)9-?944 (914)444 3131 ooo oooxxx AAMZM90) t( (I 1 T.F. Strow, B.S., M.S., CIH 2 3 P.A. Brogan, M.S. 4 Occ & Health, CIH 5 6 D. Hands, M.S., CIH 7 8 Past Industrial Hygienists 9 10 R. Anderson 1960s 11 E. Brown 1960s 12 N.Brush 1972-77 13 ~W'. Delhey 1950s 14 H. Dryer 1978-80 15 D. Eschelbach 1950s 16 A. Frazho 1960s 17 L. Jenson 1960s . 18 A. Karpowich 1978-80 19 R. Kersten 1977 20 W. Kronberger 21 T. Mooney 1930 22 M. O'Brien 1977-81 23 D. Padden 1930s 24 D. Greschaw 1956*80s 25 C. Plasters 1960s-80s 26 K. Swaney 1980s 27 / / / 28 HARDIN, COOK IORCR, [NDtl A SEROEZ, LIP 1949 Hirmm StiHt Ei|fliMntn Floor OUMM.CA 94SIMM1 FU, 1)101 39.7940 (9101 044-1131 /// ooooooxxx AAM 266908 L. Parrish 1978-81 W. Preston S. Rabinovitz 1970s J. Raddiff finr. Mgr., 1948-72 L. Redmond 1950s E, Ross 1950s J. Sattelmeier 1960s J. Slosar 1960s F. Snitz 1960s J. Sproat 1977 J. Stanko 1973 . R. Stites 1940s P. Toth, fair. Mgr. 1960-82 J. Ware 1960s R. Wabeke, fair. Mgr., 1970s-1980s -7- (( I INTERROGATORY NO. 12 2 Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf 3 of THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, 4 wherein the plaintiff has alleged an asbestos-related injury17 If so, for each such third- 5 party case please state: 6 A The caption and case number, 7 B The court filing including state and county, 8 C. The date of deposition or trial testimony, 9 D The name and address of plaintiffs counsel of record, 10 E The name and address of the court reporter 11 RESPONSE: 12 Ford states that it does not maintain a list of individuals who have been deposed in 13 asbestos litigation Furthermore, Ford's records do not reasonably permit it to identify each 14 and every present or former employee who may have been deposed in connection with 15 asbestos litigation Ford does state, however, that Mr. Arnold Anderson, P O. Box 2008, 16 Livonia, Michigan, and Mr. Jack Ridenom, Ford Motor Company, do Office of the General 17 Counsel, Parklane Towers West, Three Parklane Boulevard, Suite 300, Dearborn, Michigan, 18 have rendered both deposition and trial testimony on behalf of Ford m asbestos related 19 litigation. 20 INTERROGATORY NO. 13 21 For each of the following, please state whether THIS DEFENDANT has ever been a 22 member or paid dues for any representative of THIS DEFENDANT to be a member of the 23 following (please answer to the present): 24 A. American Conference of Governmental Industrial Hygienists; 25 B. American Industrial Hygiene Association, - 26 C. American Petroleum Institute; 27 D American Railroad Association; 28 IKK E KUt * r SMI coocooxxx AAM2M908 Asbestos Cement Producers Association; -8- (( 1 F. Asbestos Information Association (AIA), 2 G. Asbestos Information Association/North America (AIA/NA), \ 3 H Asbestos Textile Institute (ATI), 4 I Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF), 5 J Industrial Mineral Insulation Manufacturers Institute; 6 K, Magnesia Insulation Manufacturers' Association, 7 L Magnesia Silica Insulation Manufacturers Association, 8 M Mineral Wool Institute; 9 N National insulation Manufacturers Association (NIMA); 10 0 National Safety Council, 11 P. New York Academy of Sciences; 12 Q Quebec Asbestos Mining Association (QAMA), 13 R. Refractories Institute; 14 S Safe Building Alliance; 15 T Thermal Insulation Manufacturers Association (TIMA); 16 U U.S. Maritime Commission; 17 V IDENTIFY any other organizations, associations or groups of manufacturers, 18 miners, distributors, importers, labelers, suppliers and/or sellers of RAW ASBESTOS and/or 19 ASBESTOS-CONTAINING FRICTION PRODUCTS of which THIS DEFENDANT was a 20 member; 21 W. IDENTIFY any such representative of THIS DEFENDANT. 22 RESPONSE: 23 Ford and/or its employees have bad memberships in the American Society for Testing 24 and Materials, Society of Automotive Engineers and the American Industrial Hygiene 25 Association. Ford also had a membership in the Industrial Health Foundation, formerly 26 known as the Industrial Hygiene Foundation, from January 1947 through December 1974. 27 However, Ford cannot reasonably identify all employees who are or who may have 28 memberships in these organizations. MR. LLP Mt 134! ooo oooxxx JLAM34690& -9- (( I Ford presently is a member of the National Association of Manufacturers, 1176 F 2 St , N W , Washington, D C 20006, Michigan Manufacturers Association, Motor Vehicle ' 3 Manufacturers Association, 300 New Center Building, Detroit, Michigan 48202, and the 4 National Safety Counsel, 444 N Michigan Ave , Chicago, Illinois 60611. 5 It has been reported by representatives of these respective organizations that there is 6 no record of Ford's' membership in these following organizations: Institute of Occupational 7 & Environmental Health, Quebec Asbestos Mining Association, Brake Lining Manufacturers 8 Association, Friction Materials Standards Institute, Grinding Wheel Institute, Asbestos Tile 9 Institute, Asbestos Information Association, Trudeau Foundation, Asbestos Brake Lining 10 Manufacturers Institute, . 11 INTERROGATORY NO. 14 12 For each organization, association or other entity identified m YOUR response to 13 Interrogatory No. 13,-please state: 14 A. The dates during which THIS DEFENDANT was a member; 15 - B, The name(s) of any publication(s) received by THIS DEFENDANT from such 16 association or organization; 17 C The name of any committee or subcommittee of which THIS DEFENDANT 18 was a member and the dates of such committee or subcommittee membership. 19 RESPONSE: 20 Ford refers to and incorporates herein its response to Interrogatory No. 13. 21 INTERROGATORY NO. 15 , 22 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing 23 results or conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of 24 New Jersey relating to asbestos exposure in the workplace or the human health consequences 25 of exposure to asbestos? If so: 26 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 27 information sought m this interrogatory and its subparts to YOUR answers to these 28 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be PEB, LLP 000 00CXXX AAM2M90S -10- (( 1 made the subject of a request for production of documents . 2 B State the date upon which THIS DEFENDANT first received such 3 DOCUMENTS, 4 C. State the IDENTITY of the custodian of such DOCUMENTS, 5 D This interrogatory does Dot apply to DOCUMENTS contained in a library 6 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 7 general public 8 RESPONSE: 9 No 10 INTERROGATORY NO. 16 11 Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies 12 and/or tests conducted by any insurance company, including but not limned to Metropolitan 13 Life Insurance Company and Aetna Insurance relating to asbestos exposure in the 14 workplace or the human health consequences of exposure to asbestos? If so 15 A Either attach all DOCUMENTS or disks containing such data, evidencing the 16 information sought in this interrogatory and its subparts to YOUR answers to these 17 interrogatories, or describe such DOCUMENTS with sufficient particularity that they 18 may be made the subject of a request for production of documents, 19 B. State the date upon which THIS DEFENDANT first 20 received such DOCUMENTS; 21 C. State the IDENTITY of the custodian of such DOCUMENTS; 22 D. This interrogatory does not apply to DOCUMENTS contained m a library 23 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 24 general public^ _. __ __ _ ____ 25 RESPONSE: 26 No. 27 / / / 28 INTERROGATORY NO. 17 ft*, lit MI ISM ooooooxxx 140 AAM IA690S -11- (( 1 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing 2 results or conclusions of any studies and/or tests conducted by any laboratory, including but' 3 not limited to the Saranac Laboratory relating to asbestos exposure in the workplace 4 or the human health consequences of exposure to asbestos15 If so 5 A Either attach all DOCUMENTS or disks containing such data, evidencing the 6 information sought in this interrogatory and its subparts to YOUR answers to these 7 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 8 made the subject of a request for production of documents, 9 B - State the date upon which THIS DEFENDANT first received such 10 DOCUMENTS, 11 C. State the IDENTITY of the custodian of such DOCUMENTS; 12 D This interrogatory does not apply to DOCUMENTS contained in a library 13 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 14 general public. 15 RESPONSE: 16 -- - -No. - 17 INTERROGATORY NO. 18 18 State whether THIS DEFENDANT has ever maintained a library (or libraries) which 19 contains books, articles, periodicals, journals and/or reference materials that relate to the 20 subjects of asbestos, industrial hygiene, medicine, safety and/or occupational disease If so, 21 state: 22 A. The date each such library was established; 23 B. The location of each such library; 24 C. The IDENTITY of each librarian or other person in charge of such library. 25 RESPONSE* -- --- --- 26 Libraries are maintained m Ford's medical, industrial hygiene, toxicology, and health 27 surveillance functional activities in Dearborn, Michigan. Among the items m these libraries 28 PE#, LLP Kt fiUl ooooooxxx AAM 2M90S -12- (( 1 there surely are journals, books, and other publications with references to asbestos There us 2 no specific depository solely dedicated to the topic of asbestos 3 The following journals, among others, were subscribed to at some time during the 4 period from 1928 to the present by Ford medical and health activities' Industrial Health 5 Industrial Medicine & Surgery 6 Journal of Occupational Medicine 7 Journal of American Medical Association 8. Archives of Environmental Health 9 British Journal of Industrial Medicine 10 Annals of Occupational Hygiene II Journal of American Industrial Hygiene Association 12 The following journals, among others, were subscribed to at some time by industrial 13 hygiene interests- 14 Archives of Environmental Health 15 American Industrial Hygiene Journal ,, 16 Industrial Hygiene and Toxicology 17 British Journal of Industrial Medicine 18 The Annals of Occupational Hygiene 19 Some health information relative to asbestos is maintained at the Industrial Hygiene 20 and Employee Health Department. 21 INTERROGATORY NO: 19 22 With the exception of OSHA compliance, had THIS DEFENDANT prior to 1980 23 exchanged DOCUMENTS or communicated with any individual or other COMPANY 24 expressly regarding the results of tests and/or studies relating to asbestos exposure m the 25 workplace or the human health consequences of exposure to asbestos? If so, state. 26 A. Each individual or COMPANY with whom the information was exchanged or 27 to whom it was communicated; 28 B. 'PER, UR iai JWl ooococxxx AAM 366908 The date(s) of any such exchanges or communications; -13- (( 1 C. The IDENTITY of the custodian of such DOCUMENTS 2 RESPONSE: 3 In the early 1970's Arnold Anderson and Roy Gealer of Ford's Scientific Research 4 Staff conducted tests to determine the quantity of asbestos fibers liberated from brake linings 5 during the braking process. They concluded that over 99 98% of the asbestos fibers in brake 6 linings decomposed durmg the braking process into other materials Their results were 7 published in 1973 8 In addition, Ford states that commencing in the early 1970's, Ford participated in and 9 provided partial funding for studies done by Dr Irving Selikoff and others at what is now 10 the Mt Sinai School of Medicine m New York, which work was reported on in a paper 11 entitled Asbestos Exposure During Brake Lining and Maintenance and Repair, published m 12 "Environmental Research", Vol. 112, pp 110-128 (1976). The work done was a study of 13 the environmental pollution, if any, caused by asbestos in brake linings The study came to 14 focus on the occupational exposure of mechanics during brake repair and maintenance. 15 Ford's Research and Engineering Department and Industrial Hygiene Department were 16 advised of the study. The 1976 publication acknowledges the support received from Ford 17 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake 18 linings being cleaned by brake mechanics using air hoses They determined that asbestos 19 levels were well below existing or proposed O S H.A. standards This testing was 20 done by Mr. Anderson and Henry Lick, under the supervision of Paul Toth, the then 21 manager of Industrial Hygiene. Ford notes that there exists today no medical or scientific 22 evidence that establishes risks associated with exposure to Ford's friction products. 23 INTERROGATORY NO. 20 24 Has any employee or designee of THIS DEFENDANT testified on behalf of THIS 25 DEFENDANT before the Occupational Safety and Health Administration, the National 26 Institute of Occupational Health and Safety or any committee or subcommittee of the United 27 States Congress relating to asbestos exposure in the workplace or the human health 28 consequences of exposure to asbestos? If so, please state- PER, LLP Mt 154] ooooooxxx AAM 26690$ -14- r( 1 A. The entity before whom such testimony was given, 2 B The date(s) and iocation(s) of such testimony; ' 3 C The IDENTITY of the individual(s) who so testified, 4 D, Whether any DOCUMENTS were presented to the entity before which 5 testimony was given; 6 E Whether copies of DOCUMENTS presented were retained by THIS 7 DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS 8 RESPONSE: 9 No 10 INTERROGATORY NO. 21 11 Has THIS DEFENDANT conducted or caused to be conducted, tests and/or studies of 12 asbestos dust created during the manufacture, processing and/or assembling for sale of 13 ASBESTOS-CONTAINING FRICTION PRODUCTS7 If so. State: 14 A. Each manufacturing facility, including location and address, at which any such 15 test and/or study was conducted; 16 B. The date of each such test and/or study; 17 C The mdividual(s) or entity conducting each such test and/or study, 18 D, Whether THIS DEFENDANT has any DOCUMENTS containing the results 19 and/or conclusions of each such study; 20 E. The IDENTITY of the custodian of such DOCUMENTS. 21 RESPONSE: 22 Ford refers to and incorporates herein its response to Interrogatory No. 19. 23 INTERROGATORY NO. 22 24 Has THIS DEFENDANT conducted or caused to be conducted, any tests and/or 25 studies on ambient asbestos dust levels at any location or job site where 26 ASBESTOS-CONTAINING FRICTION PRODUCTS were installed, utilized or removed7 If 27 so, for the first five tests and/or studies, state. 28 im, LLP 000 oooxxx PiAM MfflOt -15- (( 1 A. The location, including name and address, at which each such test and/or stud\ 2 was conducted, 3 B The mdividual(s) or entity conducting each such test and/or study, 4 C The date of each such test and/or study, 5 D Whether THIS DEFENDANT has any DOCUMENTS containing the results 6 and/or conclusions of each such test and/or study; 7 E. The IDENTITY of the custodian of such DOCUMENTS, 8 RESPONSE: 9 Ford refers to and incorporates herein its response to Interrogatory No 19 10 INTERROGATORY NO. 23 11 Did THIS DEFENDANT have any laboratory or other similar type of facility 12 anywhere in the United States at which it conducted or caused to be conducted, any tests 13 and/or studies of ASBESTOS-CONTAINING FRICTION PRODUCTS or RAW ASBESTOS 14 relating to the health consequences of asbestos or the dust generated by any use 15 of asbestos or ASBESTOS-CONTAINING FRICTION PRODUCTS. If so, state 16 A. The location, including name and address, at which each test and/or study was 17 conducted; 18 B The individual(s) or entity conducting each such test and/or study, 19 C. The date of each such test and/or study, 20 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 21 and/or conclusions of each such test and/or study; 22 E. The IDENTITY of the custodian of such DOCUMENTS. 23 RESPONSE; 24 In addition to the Mt. Sinai research identified in Ford's response to Interrogatory 25 No 19, a great many hours were spent by Ford employees assisting, consulting with and 26 supplying the Mt. Sinai researchers with ideas, comments and materials Dr. Sekkoff$ 1976 27 article discussing the potential health effects of brake linings expressly acknowledges the 28 support and assistance he received from Ford. mPUEP*, is* i ooooooxxx AAM16690S -16- ( I INTERROGATORY NO, 24 2 Has THIS DEFENDANT made available to its employees a medical examination 3 program to determine the absence or presence of asbestos-related disease7 If so, state 4 A Whether chest x-rays or pulmonary function tests were part of such 5 program(s), 6 B Whether participation in any such program was a mandatory condition of 7 employment or was voluntary; 8 C Whether THIS DEFENDANT has DOCUMENTS of such program(s), 9 D The IDENTITY of the custodian of such DOCUMENTS 10 RESPONSE: 11 Ford maintains medical facilities at its plants and facilities to treat ill or injured 12 employees for all medical complaints or refers them elsewhere for appropriate medical care. 13 INTERROGATORY NO. 25 ~ 14 Prior to 1973, did any person file a Workers' Compensation claim for asbestos-related 15 injury against THIS DEFENDANT or any Workers' Compensation carrier for THIS 16 DEFENDANT which provided coverage for THIS DEFENDANT? If so, state the total 17 number of such claims and, for the first 20 such claims, state: 18 A The date of such claim, 19 B The name of the claimant; 20 C. The case number; 21 D. The court in which the claim was filed, 22 E. The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS 23 evidencing such claims. 24 RESPONSE: _ _ _ __ 25 Ford's records do not permit retrieval of specific information requested by this 26 interrogatory because alleged injuries are described in general terms such as lungs, chest, 27 back, silicosis, bronchitis, emphysema, pneumoconiosis, cough, pulmonary system, etc , 28 resulting from exposure to "deleterious substances" or "atmospheric pollutants." It is LLP ooo oooxxx AAM 2t#X* -17- f( 1 impossible to ascertain from these records whether or not the alleged injury was associated 2 with asbestos exposure Furthermore, because of the differences in occupational exposure, 3 the information sought would not be relevant to the claims asserted herein 4 INTERROGATORY NO. 26 5 Does THIS DEFENDANT have insurance available to cover judgments} entered 6 agamst it m asbestos-related personal injury lawsuits7 If so, state 7 A The name and principal place of business of any insurance carrier who has 8 issued such policy of insurance; 9 B The number and effective date of each policy; 10 C The amount(s) of coverage of each policy, II D, The applicable dates of coverage 12 RESPONSE: 13 Ford is essentially self-insured for amounts in excess of a reasonable jury award for 14 the damages claimed in this lawsuit. Any judgment rendered against Ford would be satisfied 15 from its assets. 16 INTERROGATORY NO, 27 17 State whether YOU have controlled, purchased or in any way acquired a controlling 18 interest in any corporation or business entity which has mined, manufactured, produced, 19 processed, compounded, sold, supplied, distributed and/or otherwise placed RAW 20 ASBESTOS or ASBESTOS-CONTAINING FRICTION PRODUCTS in the stream of 21 commerce. If so, state: ' 22 A. The name and address of said corporation or business entity; 23 B. The dates YOU controlled, purchased or acquired any interest; 24 C. The nature of the business as it pertains to asbestos. 25 RESPONSE: 26 No. 27 INTERROGATORY NO. 28 irH2reP8, HI r ooooooxxx AAM266KK -18- rr 1 If THIS DEFENDANT entered into any agreements for the rebranding of any 2 ASBESTOS-CONTAINING FRICTION PRODUCTS by THIS DEFENDANT for resale or 3 distribution by another person or entity, describe each agreement's terms and the parties to 4 said agreement, the duration of the agreement and the name of each product(s) and/or 5 material(s) covered by each such agreement 6 RESPONSE: 7 Assuming that this interrogatory asks whether Ford sells any asbestos-containing 8 friction products to others for resale, Ford responds that it engaged m the sale of 9 asbestos-containing brake and clutch service replacement parts. Ford purchases brake and 10 clutch assemblies from suppliers and markets them as new products under the Ford logo II The remanufactured product is produced by "Authorized" remanufacturers who either buy 12 components directly from Ford or use "Ford Quality" components purchased elsewhere. 13 These products-are marketed under the name of Ford Authorized Remanufacturers. 14 INTERROGATORY NO. 29 15 If THIS DEFENDANT entered into any agreements for the rebranding of 16 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured, sold, supplied or 17 distributed by another person or entity for resale or distribution by YOU, describe each of 18 the agreements and the parties to said agreement, the terms, the duration and the names of 19 each product(s) and/or material(s) covered by each such agreement. 20 RESPONSE: . ' 21 Ford refers to and incorporates herein its response to Interrogatory No. 28. 22 INTERROGATORY NO. 30 23 Between the years 1930 and 1985, did YOU purchase or otherwise acquire any 24 ASBESTOS-CONTAINING FRICTION PRODUCT lines from another person or entity? If 25 so, state for each such purchase: 26 A. Date of purchase or acquisition; 27 B. Terms of purchase or acquisition agreement; 28 'PM, ooooooxxx AAM2am -19- <( l 1 C Either attach all DOCUMENTS or disks containing such data, evidencing said 2 acquisition, or describe such DOCUMENTS with sufficient particularity that they may be ' 3 made the subject of a request for production of documents; 4 D Trade, brand and/or genetic name of each such product line so acquired, 5 E Name of the person or entity from whom YOU purchased or acquired each 6 such ASBESTOS-CONTAINING FRICTION PRODUCT line; 7 F Location of any manufacturing facilities so acquired and the type of 8 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured therein 9 RESPONSE: 10 Ford will produce a historical list revised as of May 1, 1995, of some suppliers to 11 Ford of some brake linings and assemblies, 12 INTERROGATORY NO. 31 13 Between the years 1930 to 1985, did YOU sell any ASBESTOS-CONTAINING 14 FRICTION PRODUCT line to another person or entity1* If so, state for each such sale: 15 A Date of sale, 1 16 B Terms of sales agreement; 17 C Either attach all DOCUMENTS or disks containing such data, evidencing said 18 sale, or describe such DOCUMENTS with sufficient particularity that they may be made the 19 subject of a request for production of documents, 20 D Trade, brand and/or genetic name of each such product line'sold; 21 E. Name of person or entity to whom YOU sold each such 22 ASBESTOS-CONTAINING FRICTION PRODUCT line; and 23 F, Location of any manufacturing facilities so sold and the type of 24 ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured therein. 25 RESPONSE: _ 26 Ford sells replacement parts through franchised dealers ami authorized distributors 27 throughout the United States. Ford sold these parts, including brake linings, pads and clutch 28 tPtft. LLP Ml ooooooxxx AAM 26690S -20- (( 1 facings under names such as Ford, and Mercury and under various Imes and series names, .as 2 well as names such as Motorcraft Aftermarket parts were sold under the name of Ford or 3 Ford Authorized Remanufacturers. Ford notes that 4 it is not feasible to respond comprehensively to this interrogatory because records containing 5 potentially responsive information may have been discarded in accordance with Ford's 6 record retention policy, 7 INTERROGATORY NO. 32 8 IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to 9 ASBESTOS-CONTAINING FRICTION PRODUCTS and/or RAW ASBESTOS which YOU 10 manufactured, sold, distributed or supplied from the year 1930 to 1985 For each such 11 document, state: 12 A. A description of the document; 13 B The year it was printed, 14 C. The period of ume m which it was used; 15 D. The purpose of said document; 16 E. Whether the documents or copies of said document presently exist; 17 F. If said documents or copies still exist, where they are located; 18 G. The IDENTITY of the custodian of such documents 19 RESPONSE: 20 Ford has not manufactured asbestos-containing friction products for use in its 21 vehicles. Ford purchased these products as pre-assembled parts, which were subsequently 22 installed in its vehicles or sold as replacement parts. Most promotional material 23 concerning such products would pertain to the vehicle as a whole or to pre-assembled 24 replacement parts. Furthermore, Ford is not aware of any sales or promotional literature 25 which describe asbestos-containing friction products. 26 INTERROGATORY NO. 33 27 When do YOU contend THIS DEFENDANT first became aware that there is an 28 association between asbestos exposure and disease in human beings1 'PER, lit Ht r 1541 ooooooxxx AAM2M90S -21- cr 1 RESPONSE: * 2 Ford states that scattered case reports of carcinoma in persons occupationally exposed 3 to asbestos began appearing in the literature in the 1930s Ford cannot state, however, when 4 a Ford employee first had knowledge of such information. It is known, however, that the 5 initial knowledge of a suggestion of potential hazards associated with asbestos-lined brakes 6 came in a telephone call from Dr. Selikoff to Dr Roy Gealer of Ford Research and 7 Engineering tn April 1975 Ford cannot state when it or any of its employees first had 8 knowledge of asbestos-related disease among Ford employees. 9 INTERROGATORY NO. 34 10 How do YOU contend THIS DEFENDANT first became aware that there is an 11 association between asbestos exposure and disease in human beings'1 12 RESPONSE: 13 Ford cannot state when a Ford employee first had knowledge of such information It 14 is known, however, that the initial knowledge of a suggestion of potenual hazards associated 15 with asbestos-lined brakes came in a telephone call from Dr. Selikoff to Dr. Roy Gealer of 16 Ford Research and Engineering in April 1975. 17 Ford cannot state when it or one of its employees first had knowledge of 18 asbestos-related disease among its employees Furthermore, because of the difference m 19 occupational exposure, the information sought would not be relevant to the claims 20 asserted herein. 21 INTERROGATORY NO. 35 .... 22 Either attach all DOCUMENTS or disks containing such data, evidencing the 23 information upon which YOUR contentions in Interrogatory Nos. 34 and 35 are based or 24 describe such DOCUMENTS with sufficient particularity that they may be made the subject 25 of a request for production of documents. 26 RESPONSE: 27 Ford refers to and incorporated herein hs response and objections to Interrogatory 28 No. 33. PH. 000 OOOXXX AAM 166901 -22- (( 1 INTERROGATORY NO, 36 \ 2 When did YOU first warn YOUR employees that exposure to asbestos could be 3 hazardous to human health7 State 4 A. Whether the first such warning was written or oral; 5 B. Whether copies of DOCUMENTS containing such warning exist, 6 C. The IDENTITY of the custodian of such DOCUMENTS, 7 D The content of the warning 8 RESPONSE: _ . ... . 9 - -Ford did not issue any warning to its employees concerning the hazards of asbestos 10 because it purchased brake and clutch assemblies which were already preassembled and 11 affixed to metal shoes or plates Since these products were installed as assemblies the 12 employees were not subjected to any exposure 13 INTERROGATORY NO. 37 14 Did YOU ever issue a written COMPANY policy discontinuing warning YOUR 15 employees that exposure to asbestos could be hazardous to human health? If so1 16 A. Provide the date; 17 B Describe the circumstances, 18 C Either attach all DOCUMENTS or disks containing such data, evidencing the 19 information sought in this interrogatory and its subparts to YOUR answers to these 20 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 21 "made the subject of a request for production of documents. 22 RESPONSE: 23 Ford did not issue any warning to its employees concerning the hazards of asbestos 24 because it purchased brake and clutch assemblies_whichLwere already preassembled and 25 affixed to metal shoes or plates. Since these products were installed as assemblies the 26 employees were not subjected to any exposure. 27 Ill 28 IPER. III ' JU] OOOOOOXXX AAM 266908 -23- (( I 1 INTERROGATORY NO. 38 2 At any time between 1930 and 1985, did YOU import, export, ship, transship or 3 otherwise transport RAW ASBESTOS into, out of or through any port in the GEOGRAPHIC 4 AREA? If so, for each occasion- 5 A IDENTIFY and describe the NATURE and amount of RAW ASBESTOS, 6 B. IDENTIFY the ship or ships (including the owners and operators thereof) onto 7 or from which the RAW ASBESTOS was loaded, unloaded or transshipped, 8 C State the dates, port and pier involved for each occasion, 9 D Either attach all DOCUMENTS or disks containing such data, evidencing the 10 information sought m this interrogatory and its subparts to YOUR answers to these 11 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 12 made the subject of a request for production of documents 13 RESPONSE: 14 No. 15 INTERROGATORY NO. 39 16 Did YOU or any of YOUR predecessors-in-interest manufacture any of the following 17 products which contained ASBESTOS-CONTAINING FRICTION PRODUCTS at any time 18 between 1930 and 1985. 19 A Automobiles, 20 B. Light duty trucks; 21 C. Heavy duty trucks or trailers, 22 D. Buses/coaches; 23 E. Motorcycles; 24 F. Winches, drilling ng or other stationary machinery; 25 G. - Aircraft; ~ -- " 26 H Rubber-tired crawler, construction or form equipment; 27 I. Railed engines or cars including light-railed 28 vehicles; pLeLPa, Ht 1M1 ooooooxxx AAM 166908 -24- (( 1 J Ships; 2 K Off-road vehicles, 3 L Fork lifts, 4 M Other machinery or equipment (please describe) 5 RESPONSE: 6 Ford responds as follows. 7 A Yes, 8 B Yes. 9 C Yes 10 D Ford has been unable to locate records conclusively eliminating the II possibility that it manufactured those products during the relevant time. 12 E No. 13 F. No. ' 14 G No. 15 H Yes. 16 I. No. 17 J No. 18 K Yes. 19 L. No. 20 M. If Plaintiffs define the phrase "other machinery or equipment" Ford will 21 .. ___ - - attempt to further respond to this interrogatory. 22 INTERROGATORY NO, 40 23 For each product identified in Interrogatory No. 39, state: 24 A. IDENTIFY the ORIGINAL EQUIPMENT including inclusive dates of 25 production; 26 B. For each, IDENTIFY and describe the NATURE of the 27 ASBESTOS-CONTAINING FRICTION PRODUCTS and the inclusive dates thereof; 28 iftR. LLP Mt r 15*1 ooooooxxx AAM I669M -25- (( 1 C IDENTIFY the manufacturer and/or distributor of the 2 ASBESTOS-CONTAINING FRICTION PRODUCTS which were included as component 3 parts in YOUR ORIGINAL EQUIPMENT, 4 D. Either attach all DOCUMENTS or disks containing such data, evidencing the 5 information sought in this interrogatory and its subparts to YOUR answers to these 6 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents (as to ORIGINAL EQUIPMENT 8 vehicle manufacturers, the documents responsive to this subpan are limited to 9 ASBESTOS-CONTAINING FRICTION PRODUCTS), 10 E IDENTIFY the person(s) presently most knowledgeable about the information 11 sought in this interrogatory or its subparts. 12 RESPONSE: 13 Ford responds as follows: 14 A Ford believes asbestos-containing friction products were incorporated into its 15 vehicles since it began selling mass production vehicles in the early 1900s Ford further 16 states that the use of asbestos-containing friction products were phased out of the majority of 17 Ford's vehicles by 1984 By 1993, the only vehicles in which asbestos-containing friction 18 products were still used were low-volume limousine applications. Their use in limousines 19 was discontinued in 1997. No one person authorized or directed the "stoppage" of 20 asbestos-containing friction products. Such products were phased out as O.S.H A. 21 regulations changed ..and suitable alternatives were discovered. 22 B. A brake lining is a narrow rectangle, shaped to fit around a circle. A clutch 23 facing is a flat, round, metal plate with two rings, one on each side of friction material. The 24 facing is between the fly-wheel of the engme and the pressure plate of the transmission. 25 C. Ford will provide Plaintiff with a copy of a list of some histone suppliers of 26 asbestos-containing friction products. 27 D. Ford, in its on-going searches for information which may be relevant to 28 asbestos litigation, has accumulated approximately 20,000 pages of non-pnvileged documents >PK, LLP nt 154] ooooocxxx AAMtt69aa -26- (( 1 and other materials pertaining to asbestos-related issues. To the extent that Plaintiffs' 2 interrogatory may seek information that may be contained in these documents, Ford will \ 3 make them available for inspection and copying at Plaintiffs' expense at its offices in 4 Dearborn, Michigan, at a mutually agreeable time during regular business hours Ford 5 objects to this interrogatory to the extent that it calls for information protected from 6 disclosure by the attorney-client privilege or the work product immunity 7 E Mr. Frederick King, a Ford Design Analysis engineer, is generally 8 knowledgeable regarding asbestos-containing friction products 9 INTERROGATORY NO. 41 10 Did YOU manufacture or have manufactured or distribute in the United States for a 11 foreign manufacturer ORIGINAL EQUIPMENT7 If so, please IDENTIFY each of YOUR 12 authorized dealers during the period 1930-1985 in the DEFINED GEOGRAPHIC AREA 13 RESPONSE: 14 Ford sells replacement parts through franchised dealers and authorized distributors in 15 every state It is not feasible to respond comprehensively to this 16 interrogatory because records containing potentially responsive information have been 17 discarded in accordance with Ford's record retention policy. The retention period for 18 documents of this nature is less than 7 years 19 INTERROGATORY NO. 42 20 Did YOU or any of YOUR predecessors-in-mterest MARKET brake shoes, brake 21 blocks, brake pads, brake linings or brake bands for any of the uses listed below at any time 22 between 1930 and 1985? 23 A. Automobiles or light duty tracks; 24 B. Heavy duty tracks or trailers; 25 C. Buses or coaches; 26 D. Motorcycles; 27 E Winches, drilling ngs or other stationary machinery; 28 iPEHr LLP nf ! 3MJ F ooooooxxx AAM 266908 Aircraft; -27- r( 1 G. Rubber tired crawlers, construction or farm equipment; , 2 H. Railed engines or cars including light railed vehicles, 3 I. Shipboard, 4 J Off-road vehicles; 5 K Forklifts, - 6 L. Other uses. 7 RESPONSE: S Ford refers to and incorporates herem its response to Interrogatory No. 39 9 INTERROGATORY NO. 43 , 10 For each use identified m Interrogatory No 42, state. II A. The trade, brand and generic name by which the product was known from 12 1930 to 1985; 13 B The date(s) YOU: - 14 1. began MARKETING the product, 15 2. ceased to MARKET the product; 16 3 recalled the product from the market, if ever as a result of 17 asbestos-related health concerns, if any; 18 C. A description of the type and grade of RAW ASBESTOS m the 19 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by 20 percentage of weight in each such ASBESTOS-CONTAINING FRICTION PRODUCT for 21 each year between 1930nand 2985, inclusive; 22 D. A general description of the physical appearance and NATURE of each type of 23 ASBESTOS-CONTAINING FRICTION PRODUCT including any generally used method of 24 identification of the product such as distinctive markings and/or logos and the date, 25 inclusive, during which they appeared. In addition to describing the distinctive markings 26 and/or logos, please IDENTIFY the manufacturer or distributor of each type of 27 ASBESTOS-CONTAINING FRICTION PRODUCT; 28 IRER, UP ooooooxxx AAM 266908 -28- (( 1 E. IDENTIFY the suppliers of the RAW ASBESTOS used in each type of 2 ASBESTOS-CONTAINING FRICTION PRODUCT and the time period of supply; 3 F The purpose for the inclusion of asbestos in each type of 4 ASBESTOS-CONTAINING FRICTION PRODUCT (e g , binding agent, fire retardant, 5 etc.), 6 G The type of shipping package and the range of shipping package dimensions, if 7 not solid, and the inclusive period of time during which YOU used each such container, 8 package or carton, 9 H A detailed description of any printed materia! or trademark appearing on each 10 type of container, package or carton identified m G above and the inclusive period of time 11 during which each such combination of printed material and trademark was used, 12 I A detailed description of any written instructions, wrapping or printed insert 13 which was or is placed in the container, package or carton with each such product and the 14 inclusive period of time during which each instruction, wrapping or printed insert was placed 15 in the container, package or carton, 16 J Whether or not YOU have in YOUR possession of under YOUR control 17 samples or exemplars of 1) each container, package or carton; 2) each printed material or 18 trademark appearing thereon, or 3) each written instruction, wrapping or printed 19 insert mentioned in YOUR response to G, H and I above 20 K. Did YOU place edge codes on the ASBESTOS-CONTAINING FRICTION 21 PRODUCTS YOU MARKETED and, if so, during what period of tune?; 22 L. Either attach all DOCUMENTS or disks containing such data, evidencing the 23 information sought in this interrogatory and its subparts to YOUR answer to these 24 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 25 made the subject of a request for production of documents; 26 M. IDENTIFY the person(s) presently most knowledgeable about the information 27 sought in this interrogatory or its subparts. 28 / / / ft*. LLf HI IMI ooccooxxx A/lM 266903 -29- (( 1 RESPONSE: > 2 Without waiving any of the objections stated below, Ford states as follows 3 A Ford has not mined, processed or manufactured asbestos-containing friction 4 products. Ford sold replacement pans which included asbestos-containing brake linings, 5 pads and clutch facings through franchised Ford dealers and authorized distnbutors in the 6 United States, under names such as Ford, Mercury, Ford Authorized Remanufacturers, and 7 under various lines and senes names such as Motorcraft 8 B Ford believes asbestos-containing friction products were incorporated into its 9 vehicles since it began selling mass production vehicles in the early 1900s. Ford further 10 states that the use of asbestos-containing friction products were phased out of the majority of 11 Ford's vehicles by 1984. By 1993, the only vehicles in which asbestos-containing fhction 12 products were still used were low-volume limousine applications Their use in limousines 13 was discontinued in 1997 No one person authorized or directed the "stoppage" of 14 asbestos-containing fhction products Such products were phased out as O S.H.A. 15 regulations changed and suitable alternatives were discovered. 16 C. Ford has not manufactured asbestos-containing brake linings, pads or clutch 17 facings Ford purchased these products from suppliers Ford understands the type of 18 asbestos fibers in these to be chrysotile. However, since Ford does not manufacture these 19 products, it does not know percentages of asbestos that they contain, but, generally, 20 it is thought to be, for example, between 40% and 60% asbestos, by weight, in brake 21 linings. 22 D. A brake lining is a narrow rectangle, shaped to fit around a circle. A clutch 23 facing is a flat, round, metal plate with two rings, one on each side of friction material. The 24 facing is between the fly-wheel of the engine and the pressure plate of the transmission. 25 E. Ford has not manufactured asbestos-containing brake linings, pads or clutch 26 facmgs. Ford purchased these products from suppliers. Ford understands the type of 27 asbestos fibers in these to be chrysotile. However, since Ford does not manufacture these 28 products, it does not know percentages of asbestos that they contain, but, generally, rcR. ILf ooooooxxx AAM 266901 -30- (( 1 it is thought to be, for example, between 40% and 60% asbestos, by weight, in brake , 2 linings 3 F Ford used these lining and pads to assist in braking through transmitting 4 rotational force from the engine and fly-wheel to the rear wheels. 5 G Ford vehicles are generally not shipped in packages Aftermarket brake 6 linings, pads and clutch facings are shipped in cartons With respect to the aftermarket brake 7 linings sold by Ford, the Ford logo, as well as a label which reads along the following lines 8 has been placed on cartons since 1980 9 CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST 10 BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. WHEN 11 SERVICING THIS BRAKE LINING OR ANY COMPONENT RELATED TO IT OR 12 LOCATED NEAR IT, PREVENT ASBESTOS DUST FROM BEING AIRBORNE BY 13 VACUUMING THIS ASSEMBLY WITH AN INDUSTRIAL TYPE VACUUM CLEANER 14 EQUIPPED WITH A HIGH EFFICIENCY FILTER SYSTEM AND BY WASHING THE 15 ASSEMBLY WITH AN APPROPRIATE BRAKE PARTS WASHER IF NECESSARY. 16 NEVER REMOVE DUST OR DIRT FROM THIS ASSEMBLY BY BLOWING WITH 17 COMPRESSED AIR 18 H Ford refers to and incorporates herein its response to Interrogatory 43G 19 I Ford refers to and incorporates herein its response to Interrogatory 43G 20 J. Ford will produce a sample aftermarket carton used for an asbestos 21 containing friction product. 22 K. Ford states that it did not place edge codes on asbestos products. Ford 23 purchases asbestos-containing friction products from suppliers. The manufacturers of some 24 asbestos-containing friction products can be ascertained by part numbers, formulation codes, 25 and logos on the brake lining. 26 L. Ford will produce all documentation described in this response upon 27 appropriate request. 28 PER. UP Ml f IN) M 00Q0C0XXX AAM J66SOS Mr. Frederick King, a Ford Design Analysis engineer, is generally -31- (. ( 1 knowledgeable regarding asbestos-containing friction products 2 INTERROGATORY NO. 44 3 Did YOU or any of YOUR predecessors-m-mterest MARKET clutch facings, clutch 4 plates or automatic transmission plates for any of the uses listed below at any time between 5 1930 and 1985'' 6 A Automobiles or light duty trucks; 7 B Heavy duty trucks or trailers, 8 C Buses or-coaches; 9 D Motorcycles, ~ 10 E Winches, drilling ngs or other stationary machinery, 11 F. Aircraft, 12 G Rubber tired crawlers, construction or farm equipment; 13 H Railed engine or cars, including light railed vehicles, 14 I. Shipboard; 15 J Off-road vehicles; 16 K. Forklifts; 17 L Other uses. 18 RESPONSE: 19 Ford refers to and incorporates herein its response to Interrogatory No. 39. 20 INTERROGATORY NO. 45 21 For each use identified in Interrogatory No. 44, state: 22 A. The trade, brand and genetic name by which the product was known from 23 1930 to 1985; 24 B. The datefs) YOU: 25 1. began MARKETING the product; ' 26 2 ceased to MARKET the product; 27 3. recalled the product from the market, if ever, as a result of 28 asbestos-related health concerns, if any; PER, UP Ml I41 oco oooxxx AAM 266901 -32- (( 1 C. A description of the type and grade of RAW ASBESTOS in the 2 ASBESTOS-CONTAINING FRICTION PRODUCT and the range of asbestos fiber by 3 percentage of weight m each such ASBESTOS-CONTAINING FRICTION PRODUCT for 4 each year between 1930 and 1985, inclusive, 5 D A general description of the physical appearance and NATURE of each type of 6 ASBESTOS-CONTAINING FRICTION PRODUCT including any generally used method of 7 identification of the product such as distinctive markings and/or logos and the dates, 8 inclusive, during which they appeared In addition to describing the distinctive markings 9 and/or logos, please IDENTIFY the-manufacturer or distributor of each type of 10 ASBESTOS-CONTAINING FRICTION PRODUCT, 11 E IDENTIFY the suppliers of the RAW ASBESTOS used in each type of 12 ASBESTOS-CONTAINING FRICTION PRODUCT and the time period of supply, 13 F The purpose for the inclusion of asbestos m each type of 14 ASBESTOS-CONTAINING FRICTION PRODUCT (e,g , binding agent, fire retardant, 15 etc.); 16 G. The type of shipping package and the range of shipping package dimensions, if 17 not solid, and the inclusive period of time during which YOU used each such container, 18 package or carton; 19 H. A derailed description of any panted material or trademark appearing on each 20 type of container, package or carton identified in G above, and the inclusive period of time 21 during which each such combination of printed material and trademark was used; 22 I. A detailed description of any written instructions, wrapping or printed insert 23 which was or is placed in the container, package or carton with each such product, and the 24 inclusive period of time during which each instruction, wrapping or printed insert was placed 25 in the container, package or carton; 26 J. Whether or not YOU have in YOUR possession or underYOUR control 27 samples or exemplars of. 1) each container, package or carton; 2) each printed material or 28 trademark appearing thereon; or 3) each written instruction, wrapping or printed IPER, UP ooooooxxx AAM 166908 -33- (( 1 insert mentioned m YOUR response to G, H and I above, ' 2 K. Did YOU place edge codes on the ASBESTOS-CONTAINING FRICTION 3 PRODUCTS YOU MARKETED and, if so, during what period of tune1', 4 L. Either attach all DOCUMENTS or disks containing such data, evidencing the 5 information sought in this interrogatory and its subparts to YOUR answers to these 6 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents, 8 M IDENTIFY the person(s) most knowledgeable about the information sought m 9 this interrogatory or its subparts 10 RESPONSE: 11 Ford refers to and incorporates herein its response to Interrogatory No 43. 12 INTERROGATORY NO. 46 13 Did YOU or any of YOUR predecessors-m-mterest MARKET any 14 ASBESTOS-CONTAINING FRICTION PRODUCTS to any ORIGINAL EQUIPMENT 15 MANUFACTURER? If so, IDENTIFY each ORIGINAL EQUIPMENT 16 MANUFACTURER to whom YOU MARKETED ASBESTOS-CONTAINING FRICTION 17 PRODUCTS and as to each ORIGINAL EQUIPMENT MANUFACTURER, IDENTIFY the 18 ASBESTOS-CONTAINING FRICTION PRODUCT that YOU MARKETED to them and the 19 inclusive years that YOU did so. 20 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 21 information sought in this interrogatory and its subparn to YOUR answer to these 22 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 23 made the subject of a request for production of documents; 24 B. IDENTIFY the person(s) presently most knowledgeable about the information 25 sought m this interrogatory or its subparts. 26 RESPONSE: 27 Ford refers to and incorporates herein its response to Interrogatory No, 43. 28 til PER, LLP Ml iUi ooooooxxx AAM26490S -34- (( 1 INTERROGATORY NO, 47 v 2 Did YOU or any of YOUR predecessors-in-mterest MARKET any 3 ASBESTOS-CONTAINING FRICTION PRODUCTS to any PRIVATE BRAND ACCOUNT 4 CUSTOMER9 If so, for each PRIVATE BRAND ACCOUNT CUSTOMER, IDENTIFY 5 and describe the NATURE of the product MARKETED to that PRIVATE BRAND 6 ACCOUNT CUSTOMER, the inclusive dates thereof and, if known, the name(s) under 7 which the PRIVATE BRAND ACCOUNT CUSTOMER MARKETED the product 8 A DESCRIBE to the best of YOUR knowledge how the PRIVATE BRAND 9 ACCOUNT CUSTOMER MARKETED the product which YOU sold or distributed to it, 10 B Either attach all DOCUMENTS or disks containing such data, evidencing the 11 information sought in this interrogatory or its subparts to YOUR answers to these 12 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 13 made the subject of a request for production of documents; 14 C IDENTIFY the person(s) presently most knowledgeable about the information 15 sought in this interrogatory or its subparts. 16 RESPONSE: 17 Ford refers to and incorporates herein its response to Interrogatory No. 43. 18 INTERROGATORY NO. 48 19 Did YOU or any of YOUR predecessors-in-interest MARKET any 20 ASBESTOS-CONTAINING FRICTION PRODUCTS to any AFTER MARKET or 21 REPLACEMENT PART RETAILER operating 10 or more stores in the GEOGRAPHIC 22 AREA? If so, IDENTIFY each AFTER MARKET or REPLACEMENT PART RETAILER 23 in the GEOGRAPHIC AREA and for each please state: 24 A. The inclusive jyears during which YOU MARKETED products to said AFTER 25 MARKET or REPLACEMENT PART RETAILER; 26 B. IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS which 27 YOU MARKETED to the AFTER MARKET or REPLACEMENT PART RETAILER; 28 >AEH, LLP nt II&41 omtooxxx AAM 266901 -35- (( I 1 C Either attach all DOCUMENTS or disks containing such data, evidencing the 2 information sought in this interrogatory and its subpans to YOUR answers to these 3 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 4 made the subject of a request for production of documents, 5 D. IDENTIFY the person(s) presently most knowledgeable about the information 6 sought in this interrogatory or its subparts. 7 RESPONSE: 8 Ford refers to and incorporates herein its response to Interrogatory No 43 9 INTERROGATORY NO. 49 10 Did YOU or any of YOUR predecessors-in-mterest MARKET any 11 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor who 12 MARKETED the product under YOUR name in the GEOGRAPHIC AREA9 If so, 13 IDENTIFY each warehouse distributor who MARKETED the product under YOUR name m 14 the GEOGRAPHIC AREA and for each state. 15 A. The inclusive years during which YOU MARKETED 16 ASBESTOS-CONTAINING FRICTION PRODUCTS to said warehouse distributor who 17 distributed the product under YOUR name; 18 B IDENTIFY the ASBESTOS-CONTAINING FRICTION PRODUCTS which 19 YOU MARKETED to the warehouse distributor who distributed the products under YOUR 20 name; 21 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 22 information sought in this interrogatory and its subparts to YOUR answers to these 23 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 24 made the subject of a request for production of documents; 25 D. IDENTIFY the person(s) presently most knowledgeable'about the information 26 sought in this interrogatory or its subparts. 27 RESPONSE: 28 Ford refers to and incorporates herein its response to Interrogatory No. 43 irtR. LLP oco oocxxx AAM 2S690S -36- (. ( 1 rNTFRRnr.ATORY NO. so , 2 Did YOU or any of YOUR predecessors-m-interest MARKET any 3 ASBESTOS-CONTAINING FRICTION PRODUCTS to any warehouse distributor who 4 MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS under a name 5 other than YOURS in the GEOGRAPHIC AREA9 If so, IDENTIFY each warehouse 6 distributor who MARKETED YOUR ASBESTOS-CONTAINING FRICTION PRODUCTS 7 under a name other than YOURS in the GEOGRAPHIC AREA and for each please state 8 A The inclusive years during which YOU MARKETED 9 ASBESTOS-CONTAINING FRICTIQN PRQDUCTS through said warehouse distributor, 10 B IDENTIFY the products which YOU MARKETED through the warehouse 11 distributor and for each the name under which the warehouse distributed MARKETED the 12 product, 13 C Either attach all DOCUMENTS or disks containing such data, evidencmg the 14 information sought in this interrogatory and its subparts to YOUR answers to these 15 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 16 made the subject of a request for production of documents; 17 D IDENTIFY the person(s) presently most knowledgeable about the information 18 sought in this interrogatory or its subparts 19 RESPONSE: 20 Ford refers to and incorporates herein ns response to Interrogatory No. 43. 21 INTERROGATORY NO. Si--- -- -- - - - ' - 22 Did YOU or any of YOUR predecessors-m-interest MARKET any 23 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or more 24 stores in the GEOGRAPHIC AREA who sold ASBESTOS-CONTAINING FRICTION 25 PRODUCTS UDder YOUR name in the GEOGRAPHIC AREA7 If so, IDENTIFY each 26 retailer who sold ASBESTOS-CONTAINING FRICTION PRODUCTS under YOUR name 27 in the GEOGRAPHIC AREA and for each state- 28 iMJt, LLP Mt JM1 ooooooxxx AAM 266908 -37- (( 1 A. The inclusive yean during uhich YOU MARKETED 2 ASBESTOS-CONTAINING FRICTION PRODUCTS to said retailer who sold the product 3 under YOUR name, 4 B Please identify the ASBESTOS-CONTAINING FRICTION PRODUCTS 5 which YOU MARKETED to the retailer who sold the product under YOUR name, 6 C Either attach all DOCUMENTS or disks containing such data, evidencing the 7 information sought in this interrogatory and its subparts to YOUR answers to these 8 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 9 made the subject of a request for production of documents; 10 D IDENTIFY the person(s) presently most knowledgeable about the information 11 sought in this interrogatory or its subparts 12 RESPONSE: 13 Ford refers to and incorporates herein its response to Interrogatory No. 43 14 INTERROGATORY NO. 52 15 Did YOU or any of YOUR predecessors-in-interest MARKET any 16 ASBESTOS-CONTAINING FRICTION PRODUCTS to any retailer operating 10 or more 17 stores in the GEOGRAPHIC AREA who MARKETED the product under any other name in 18 the GEOGRAPHIC AREA*7 If so, IDENTIFY each retailer who MARKETED the product 19 under any other name in the GEOGRAPHIC AREA and for each state: 20 A. The inclusive years during which YOU MARKETED products through said 21 retailer; _ ___ - - 22 B. IDENTIFY the products which YOU MARKETED through each retailer and, 23 for each, the name under which the retailer MARKETED the product; 24 C. Either attach all DOCUMENTS or disks containing such data, evidencing the 25 information sought in this interrogatory and its subparts to YOUR answers to these 26 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 27 made the subject of a request for production of documents; 28 IFEK, LLP nt r iUl ooooooxxx AAMU6908 -38- <( 1 D IDENTIFY the person(s) presently most knowledgeable about the information 2 sought m this mtenogatory or its subparts ' 3 RESPONSE: 4 No 5 INTERROGATORY NO. 53 6 Did YOU or any of YOUR predecessors- m-interest MARKET any 7 ASBESTOS-CONTAINING FRICTION PRODUCTS to any FABRICATOR OF ORIGINAL 8 EQUIPMENT PARTS'7 If so, IDENTIFY each FABRICATOR OF ORIGINAL 9 EQUIPMENT PARTS to whom YOU MARKETED products and as to each FABRICATOR 10 OF ORIGINAL EQUIPMENT PARTS, state II A The inclusive years during which YOU MARKETED said products to each 12 FABRICATOR OF ORIGINAL PARTS; 13 B IDENTIFY each product YOU MARKETED to each FABRICATOR OF 14 ORIGINAL PARTS, 15 C Either attach all DOCUMENTS or disks containing such data, evidencing the 16 information sought in this interrogatory and its subparts to YOUR answers to these 17 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 18 made the subject of a request for production of documents, 19 D IDENTIFY the person(s) presently most knowledgeable about the information 20 sought in this interrogatory or its subparts. 21 RESPONSE: 22 Ford refers to and incorporates herein its response to Interrogatory No. 43. 23 INTERROGATORY NO. 54 24 Did YOU or any of YOUR predecessors-in-interest MARKET any 25 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of the 26 U.S. Government? If so, IDENTIFY each agency or department of the U.S. Government to 27 whom YOU MARKETED products and as to each agency or department of the U.S. 28 Government IDENTIFY the product that YOU MARKETED to them and the inclusive ir. LLP 000 003xxx AAM26690S -39- (( 1 years that YOU did so 2 A Either attach all DOCUMENTS or disks containing such data, evidencing the 3 information sought in this interrogatory and its subparts to YOUR answers to these 4 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 5 made the subject of a request for production of documents; 6 B IDENTIFY the person(s) presently most knowledgeable about the information 7 sought in this interrogatory or its subparts. 8 RESPONSE: 9 Ford states that it sells replacement parts through franchised dealers, authorized 10 distributors and to the U S Military 11 INTERROGATORY NO. 55 12 Did YOU or any of YOUR predecessors-m-mterest MARKET any 13 ASBESTOS-CONTAINING FRICTION PRODUCTS to any agency or department of any 14 governmental entity other than the U S Government? If so, IDENTIFY any agency or 15 department of any governmental entity other than the U.S. Government to whom YOU 16 MARKETED products and as to each agency or department of said governmental entity other 17 than the. U.S Government, IDENTIFY the product that YOU MARKETED to them and the 18 inclusive years that YOU did so. 19 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 20 information sought in this interrogatory and its subparts to YOUR answers to these 21 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 22 made the subject of a request for production of documents; 23 B. IDENTIFY the person(s) presently most knowledgeable about the information 24 sought in this interrogatory or its subparts. -25 RESPONSE: " 26 Ford refers to and incorporates herein its response to Interrogatory No. 43. 27 Ill 28 fl, LLP HI I sui /// oooouxxx AAM 266908 -*0- ( 1 INTERROGATORY NO. 56 2 Did YOU purchase or acquire any of the RAW ASBESTOS YOU used, processed, 3 manufactured, supplied, distributed, labeled or sold from the General Services Administration 4 or any branch or agency of the U S Government during the period 1930 to I9857 If 5 yes, state* 6 A. The name and address of the agency which supplied the RAW ASBESTOS, 1 B The grade and types of RAW ASBESTOS purchased or acquired, S C The quantities of each type of RAW ASBESTOS purchased or acquired from 9 1930 to 1985, 10 D. The means of packaging, II E Any health warning which accompanied each shipment of asbestos and indicate 12 when the warnings were first made; 13 F Either attach all DOCUMENTS or disks containing such data, evidencing the 14 information sought in this interrogatory and its subparts to YOUR answers to these 15 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 16 made the subject of a request for production of documents; 17 G. IDENTIFY the person(s) presently most knowledgeable about the information 18 sought m this interrogatory or its subparts 19 RESPONSE: 20 Ford has not manufactured asbestos-containing brake parts used in' its production 21 vehicles and, therefore, has not purchased processed asbestos used in their manufacture 22 INTERROGATORY NO. 57 . 23 As to each ASBESTOS-CONTAINING FRICTION PRODUCT listed in YOUR 24 preceding answers to these interrogatories, did DEFENDANT warn of the health hazards of 25 asbestos? If so, state for each such warning: 26 A. The content, size, color and location, whether the warning appeared on the 27 material and/or on the container and/or placed on a tag; whether the warning was included m 28 contracts; whether the warning was mcluded in advertising or other promotional material. PM, >L<LP >S*i ooo ocoxxx AAM iAGMH -41- (( I B State whether YOU have any photographs thereof; 2 C The inclusive dates on which YOU used each such warning, 3 D. State all changes YOU made in such warnings and the dates of such changes, 4 E IDENTIFY the person most knowledgeable about YOUR warnings and 5 warning policy, 6 F Do YOU have or know of samples, photographs or DOCUMENTS depicting 7 the above warnings'* S RESPONSE: 9 Ford refers to and incorporates herein its response to interrogatory No 56. 10 INTERROGATORY NO. 58 11 State whether any surveys or studies of ambient asbestos dust have been conducted by 12 YOU or on YOUR behalf at vehicle repair or maintenance facilities. If yes, state as to each 13 such survey or study: 14 A. The subject matter, title and date of each study; 15 B The date and the name of the person authorizing the study, 16 C. The reason for the study; 17 D. IDENTIFY the persons who conducted the study; 18 E The date the study was completed; 19 F Whether the results were published and disseminated and, if so, where and to 20 whom; 21 G. The results of the snidy; * 22 H. If statistical analyses were made, state the date and describe the results and 23 assumptions upon which they were based; 24 I. Either attach all DOCUMENTS or disks containing such data, evidencing the 25 information-sought in this interrogatory and its-subparts to YOUR answers to these 26 interrogatories or describe such DOCUMENTS with sufficient particularity that they may. be 27 made the subject of a request for production of documents; 28 FER, LLP ooooooxxx AAM2M90t -42- ( 1 J. IDENTIFY the person(s) presently most knowledgeable about the information 2 sought in this interrogatory or its subparts ' 3 RESPONSE: 4 In the early 1970's Arnold Anderson and Roy Gealer of Ford's Scientific Research 5 Staff conducted tests to determine the quantity of asbestos fibers liberated from brake linings 6 during the braking process They concluded that over 99 98% of the asbestos fibers in brake 7 linings decomposed during the braking process into other materials Their results were 8 published m a 1973 SAE paper by A Anderson and R Gealer entitled "Asbestos 9 Emissions From Brake Dynamometer Tests " 10 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake n linings being cleaned by brake mechanics using air hoses They determined that asbestos 12 levels were well below existing or proposed 0 S H.A standards. This testing was 13 done by Mr Anderson and Henry Lick, under the supervision of Paul Toth, the then 14 manager of Industrial Hygiene 15 In addition, Ford partially financed studies done at Mt Sinai School of Medicme 16 which reached the same conclusions as the Ford Anderson/Gealer studies. 17 INTERROGATORY NO. 59 18 With respect to each product identified m YOUR answers to these interrogatories, 19 describe: 20 A The procedure which YOU recommended for installing the' 21 ASBESTOS-CONTAINING FRICTION PRODUCT in the vehicle or machine for which it 22 was manufactured; 23 B. The procedure which YOU recommended for removing the ASBESTOS- 24 CONTAINING FRICTION PRODUCT from the vehicle or machinery for which it was 25 manufactured; 26 C. Whether the procedure YOU recommended for the use, maintenance or 27 servicing of the ASBESTOS-CONTAINING FRICTION PRODUCT included. 28 LLP Ml r 4J OOQOOOXXX AAM1M908 1. Grinding, -43- (( 1 2. Arcing, 2 3 Beveling, 3 4 Sanding 4 D Either attach all DOCUMENTS or disks containing such data, evidencing the 5 information sought m this interrogatory and its subparts to YOUR answers to these 6 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 7 made the subject of a request for production of documents, 8 E IDENTIFY the person(s) presently most knowledgeable about the information 9 sought in this interrogatory or its subparts 10 RESPONSE: 11 Ford states as follows 12 A -B Ford issued an August 3, 1973, memorandum to Plant Safety Engineers 13 directing that brake drums be cleaned using industrial type vacuum cleaners. The memo 14 directed that air hoses should not be used to clean brake drums. Simultaneously, 15 Maintenance Bulletin 137 was issued by the Plant Engineering Office to the same effect 16 On October 24, 1975, Ford Technical Service Bulletin 99 was distributed to Ford and 17 Lincoln-Mercury Dealers It recommended that a vacuum cleaner be used for cleaning 18 brakes In January 1976, a Technical Service Bulletin 104 was issued to the dealers 19 indicating that Ford recommended the use of an industrial vacuum cleaner in brake cleaning 20 operations. The 1977 edition of the Rotunda Catalog and Ford's Shop Manual for 21 Dealerships recommended that brakes not be cleaned with an air hose and that a vacuum 22 cleaner be used for this purpose. In November 1983, Ford issued Bulletin No 83-22 on 23 brake and clutch servicing. Technical Service Bulletins are presently distributed to 24 approximately 29,000 Ford and Lincoln-Mercury dealer technicians. These documents are -25 the results of corporate activity and are not the work of any smglerauthor. These bulletins 26 have not been superseded 27 28 ipep, UP Hi r 1*41 ooocooxxx AAM 266908 -44- (( 1 C At. one time, it was the practice to shape and fit linings by cutting, grinding 2 and beveling Also, at one tune, it was the practice to affix friction material to the metal ' 3 shoes or plates by riveting and bonding 4 D Ford, in its on-gomg searches for information which may be relevant to 5 asbestos litigation, has accumulated approximately 20,000 pages of non-priviJeged documents 6 and other materials pertaining to asbestos-related issues. To the extent that Plaintiffs' 7 interrogatory may seek information that may be contained in these documents, Ford will 8 make them available for inspection and copying at Plaintiffs' expense at its offices in 9 Dearborn, Michigan, at a mutually agreeable time during regular business hours Ford 10 objects to this interrogatory to the extent that it calls for information protected from 11 disclosure by the attorney-client privilege or the work product immunity. 12 . Mr. Frederick King, a Ford Design Analysis engineer, is generally 13 knowledgeable regarding asbestos-containing friction products 14 INTERROGATORY NO. 60 15 Did any of the individuals or COMPANIES identified m YOUR answer to 16 Interrogatory Nos. 46-55 inclusive and Interrogatory No. 61 have an exclusive relationship 17 with YOU7 If so, IDENTIFY the individual or COMPANY, the production for which the 18 exclusive relationship existed and the inclusive dates of the exclusive 19 relationship. 20 A. Either attach all DOCUMENTS or disks containing such data, evidencing the 21 information sought in this interrogatory and its subparts to YOUR answers to these 22 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 23 made the subject of a request for production of documents, 24 B. IDENTIFY the person(s) presently most knowledgeable about the information 25 sought in this interrogatory or its subparts. 26 RESPONSE: 27 No. 28 /// iPtK, LLP ooooooxxx AAM 266908 -45- (( 1 INTERROGATORY NO. 61 , 2 Did YOU at any time between 1930 and 1985 own or operate a wholesale or retail 3 business or store in the DEFINED GEOGRAPHIC AREA at which 4 ASBESTOS-CONTAINING FRICTION PRODUCTS were MARKETED'* If so 5 A. State the name, address and years that the BUSINESS or store were in 6 operation, 7 B. IDENTIFY the owner and operator of the store or BUSINESS and the 8 inclusive dates thereof, 9 C IDENTIFY and describe the NATURE of the ASBESTOS-CONTAINING 10 FRICTION PRODUCTS sold at the BUSINESS or store and the inclusive dates thereof, 11 D Did the store of BUSINESS have an exclusiverelationship with any 12 manufacturer or MARKETER of ASBESTOS-CONTAINING FRICTION PRODUCTS' If 13 so, IDENTIFY the manufacturer or MARKETER, IDENTIFY the 14 ASBESTOS-CONTAINING FRICTION PRODUCTS and state the mclusive dates of the 15 exclusive relationship, 16 E. Either attach all DOCUMENTS or disks containing such data, evidencing the 17 information sought in this interrogatory ami its subparts to YOUR answers to these 18 interrogatories or describe such DOCUMENTS with sufficient particularity that they may be 19 made the subject of a request for production of documents, 20 F. IDENTIFY the person(s) presently most knowledgeable about the information 21 sought in this interrogatory or its subpans. -- 22 RESPONSE: 23 Ford sells vehicles and replacement parts through franchised dealers and authorized 24 distributors throughout the United States. Ford also refers to and incorporates herein its ?5 response to Interrogatory No. 10 26 INTERROGATORY NO. 62 27 If any person YOU have identified in YOUR answers to these interrogatories has had 28 his or her deposition taken, IDENTIFY the deposition by the name of the deponent, the date lUKf, coo oooxxx AAM 266900 -46- (( I 1 the deposition was taken, the caption and number of the action in which it was taken, the 2 court which had jurisdiction over the action in which it was taken (including state and 3 county) and either the name and address of the court reporting agency which took the 4 deposition or the name and address of deponent's counsel of record 5 RESPONSE: 6 Ford refers to and incorporates herein its response to Interrogatory No, 12 Ford 7 notes that Mr Fredrick King has been deposed m several cases on behalf of Ford. 8 However, none of these cases alleged asbestos-related injuries 9 10 DATED: March $ 1998 11 CONCLUSION 12 13 Respectfully submined, 14 HARDIN, COOK, LOPER, ENGEL & BERGEZ, LLP 15 16 By S/lM0 ^f ^ v)17 --EUGENE BROWN, JR.---------------- 18 19 20 21 22 23 24 25 26 27 28 HARDIN, COOK LOPER, EHSCL A ICRtCZ, UR 1*00 HintM IDHl EffntHMh Rlaor OlUind Ct *46)2-314) FU, 1510) 150 7040 [JJO> *44.5111 ccc oooxxx AAM 26490R -47- (( 1 STATE OF MICHIGAN ) 2 3 COUNTY OF WAYNE 4 )ss 5 6 7 ^^oomyio S j being duly sworn, deposes and says that 9 tbe deponent is an authorized agent of Ford Motor Company, and that the deponent 10 verifies the foregoing FORD MOTOR COMPANY'S AMENDED SUPPLEMENTAL 11 12 RESPONSES TO GENERAL ORDER 129 STANDARD INTERROGATORIES TO 13 FRICTION DEFENDANTS for and on behalf of Ford Motor Company and is duly 14 authorized so to do; that the matters stated therein are not within the personal knowledge 15 of the deponent; that the facts stated therein have been assembled by authorized 16 employees and counsel of Ford Motor Company, and the deponent is informed that the 17 IS facts stated therein are true. 19 20 21 22 23 24 Subscribed and sworn to before me this 25 26 27 T 28 29 Pife 56 (C \ I AFFIDAVIT OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF ALAMEDA 3 I, SUSAN ROMO, declare 4 I am a citizen of the United States, over 18 years of age and not a party to the within 5 action, I am employed in the County of Alameda, my business address is 1999 Harrison Street, Eighteenth Floor, Oakland, California. 6 On March 19, 1998, I served the within. 7 AMENDED SUPPLEMENTAL RESPONSES OF FORD MOTOR COMPANY TO 8 GENERAL ORDER 129 STANDARD INTERROGATORIES TO FRICTION DEFENDANTS 9 on all parties m this action, as addressed below, by causing a true copy thereof to be 10 distributed as follows 11 XX BY MAIL: 1 am "readily familiar" wub the firm's practice of collection and processing correspondence for mailing Under that practice n would be deposited with U S postal service on that 12 same day with postage tbereoo fully prepaid m the ordinary course of business I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more 13 than one day after date of deposit for mailing in affidavit 14 ___ BY HAND DELIVERY: I caused such envelope, to be hand delivered to the staled parties 15 ___ VIA TELEFACSIMILE: I caused such documents to be transmitted via telefacsumle to the stated parties at their respective facsimile numbers 16 ___ VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for______ 17 to be delivered to the offices of the stated parties. 18 BRAYTON HARLEY CURTIS 222 Rush Landing Road 19 P.0 Box 2109 Novato, CA 94948 20 Harry F. Wartnick, Esq. 21 WARTNICK, CHABER, et al. 101 California Street, Ste. 2675 22 San Francisco, CA 94111 BERRY & BERRY 1300 Clay Street, 9th Floor Station D, P.O. Box 70250 Oakland, CA 94612-0250 23 I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. 24 Executed on March 19, 1998, at Oakland, California. 25 26 27 28 (IN RE: COMPLEX ASBESTOS LITIGATIONS SUSAN ROMO