Document n9zQM1rDbooxnRBEYZ13z9KGm

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA x PLAINTIFF'S b EXHIBIT I WV-12411 ALBERT DlSANTIS, et ux. Plaintiffs, v. No. 87-0515 ABEX CORPORATION, et al. Defendant. x ABEX CORPORATION'S ANSWERS TO SET I OF INTERROGATORIES PROPOUNDED BY PLAINTIFFS - INTRODUCTION AND GENERAL OBJECTIONS Abex Corporation ("Abex"), by and through its attor ney of record, Clayton H. Thomas, Jr., generally objects to these interrogatories on the grounds that they are unduly burdensome, oppressive, vague, overly broad as to time, scope and location, lack particularity, and are repetitive. Objection is also made to the extent these interrogatories as sume the truth of matters not established, and on the grounds that they seek information which is not relevant to the subject matter of this lawsuit and not reasonably calculated to lead to the discovery of admissible evidence. ABEX 213.200 SCF-ABEX-3040 I Abex further objects to these interrogatories to the extent that they seek privileged mformation, proprietary information or other information or materials which have been gathered or prepared in the course of the asbestos litigation, or which is otherwise subject to the attorney-client privilege, the attorney work-product privilege, the rule protecting mater ials prepared m anticipation of and/or in connection with litigation, or any other applicable privilege. Abex objects to these interrogatories to the extent that they seek confidential, proprietary or "trade secret" information or materials and upon the further ground that they seek documents or'information not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. Abex objects to these interrogatories on the ground that they seek information from and identification of each and every person with knowledge of a particular fact, event or sub ject matter and as such these interrogatories are overly broad, unduly burdensome, oppressive and harassing. The interroga tories are complex and vague and have overlapping subject mat ters. The answers of Abex hereinafter set forth are limited to providing information concerning domestic friction products manufactured by Abex. Abex has never mined asbestos, nor has Abex manufactured, processed, distributed, marketed or -2- I sold any thermal insulation or acoustical products containing asbestos. The information provided m these answers to inter rogatories is based upon such information as is presently available to Abex, and Abex expressly reserves the right to supplement or amend these answers when and if additional rele vant information or documentation is discovered. Some informa tion provided herein is based upon knowledge obtained through a review of Abex's documents and records. This review is contin uing. Abex does not concede that any of its answers to these interrogatories are or will be admissible evidence at a trial of this action, and Abex does not waive any objection, on any ground, whether or not asserted herein, to the use of any such answer at trial. To the extent that the information contained herein differs m any respect from any prior answer to discovery, these answers shall be deemed to update and supersede any prior answers in any and all actions. This introduction and the general objections are explicitly incorporated into each of the answers set forth herein. Subject to the preceding objections, the basis for the following answers having been thus established, Abex answers as follows: -3- SPECIFIC RESPONSES 1. Please identify each person who has supplied information used in answering these interrogatories and specify the interrogatories for which he or she is responsible. ANSWER: Abex objects to this interrogatory on the grounds that it is burdensome and overly broad. 5ecause numerous persons have been consulted over a period of years m an effort to gather information responsive to these interrogatories, such information is impossible to render for the responses provided herein. Subject to and without waiving these objections, Dexter L. Kenfield, Esq., Corporate Counsel, Abex Corporation, 4800 Prudential Tower, Boston, Massachusetts 02199, together with various persons, including legal counsel, assisted m gathering information to answer all interrogator ies. 2. Identify each person who was questioned or con sulted m order to answer these interrogatories. ANSWER: See answer to interrogatory No. 1. 3. Identify each document that was examined, reviewed, and/or used m answering each interrogatory and specify the interrogatory. ANSWER: Abex objects to this interrogatory on the grounds that it is unduly burdensome and overly broad as to scope. Abex is presently engaged in an ongoing review of millions of documents which are too voluminous to identify. .4. some of which may have provided information used m answering these interrogatories. Abex will make non-pnvileged, relevant documents maintained in the normal course of business available to plaintiff upon receipt of an appropriate document reguest. 4. Please state whether or not you are a corporation. If so, state. (a) Your correct corporate name; (b) The state of incorporation, (c) The date of your incorporation; business; (d) The address of your principal place of business; (e) The addresses of any other places of (f) Whether or not you have ever held a certificate of authority to do business m this State; (g) Whether or not you have a registered agent for the purpose of accepting service in this state, and if so, the name and present address of that agent; (h) State your corporate purposes; (i) State whether or not you have or have had subsidiary or predecessor corporation(s), and if so: (1) The name of the subsidiary and/or predecessor; (2) Its date(s) of incorporation, if a corporation; (3) Its state(s) of incorporation; (4) Its corporate purposes. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad and burdensome. Without waiving and subject to these objections, Abex states as follows: (a) Abex Corporation; (b) Delaware; (c) October 10, 1916; (d) 4800 Prudential Tower Boston, Massachusetts C2199 (e) Abex objects to this interrogatory on the grounds it is overly broad, vague, seeks irrelevant information, and is not calculated to lead to the discovery of admissible evidence. (f-g) Abex has been continuously qualified to do business in the Commonwealth of Pennsylvania since June 1924. The Prentice-Hall Corporation is Abex's registered agent for service of process. (h) Abex objects to this interrogatory on the grounds it is vague, ambiguous and is not calculated to lead to the discovery of admissible evidence. (l) Abex objects to this interrogatory on the grounds that it is overly broad as to time, and on the grounds that it seeks information which is not relevant or reasonably calculated to lead to the discovery of admissible evidence. Without waiving and subject to these objections, in 1902 The American Brake Shoe and Foundry Company was incorporated m New York. On October 10, 1916, The American Brake Shoe and Foundry Company became a Delaware Corporation. In 1926, The American -6- Brake Shoe and Foundry Company formed a subsidiary named the American Brake Materials Corporation, which was incorporated m New York. In 1933, the American Brake Materials Corporation changed its name to the American Brakeblok Corporation. In 1937, the American Brakeblok Corporation was merged into The American Brake Shoe and Foundry Company to be operated as the American Brakeblok Division of that company. In 1943, The American Brake Shoe and Foundry Company changed its name to The American Brake Shoe Company. In 1966, The American Brake Shoe Company changed its name to Abex Corporation. 5. Whether you have controlled, purchased or m any way acquired any.interest m any corporation or business entity which has mined, manufactured, produced, processed, compounded, converted, sold, merchandised, supplied, distributed, and/or otherwise placed m the stream of commerce, raw asbestos or finished asbestos products and if so, state: (a) business entity; The name and address of said corporation or (b) The date(s) you controlled, purchased or acquired any interest; (c) The manner of acquisition, including per centage of ownership; above. (d) Identify all documents with respect to the ANSWER: No. 6. State whether you have at any time directly or indirectly been engaged in the mining, manufacturing, produc ing, processing, compounding, converting, selling, merchandis ing, supplying, distributing, and/or otherwise placing in the stream of commerce or raw asbestos or finished asbestos pro ducts. If so, be specific in your answer and state as to each such asbestos product: 7 (a) The trade name, general name and/or other identification of each asbestos product, raw or finished; (b) The dates during which you mined, manufac tured, supplied, distributed, and/or otherwise placed in the stream of commerce each such asbestos product; product; (c) The intended use of each such asbestos (d) Furnish a complete description of each such asbestos product including the type of asbestos contained therein and the percentage of asbestos contained m said pro duct; (e) Describe the physical appearance including color of each such product specifying whether the said product was/is sold m a solid, loose, powdered or other form; (f) Identify the location of each plant facility which produces each of the aforesaid asbestos products. - ANSWER: (a,b) Abex objects to this interrogatory on the grounds that it is burdensome and overly broad as to time, scope and location. Without waiving and subject to these objections, Abex, during the years relevant to this matter, has manufactured asbestos-containing automotive friction products under the following tradenames: -8 I TRADEMARK YEAR OF REGISTRATION OR FIRST USE CURRENT STATUS American Brake Materials 1930 Abandoned 1971 Brakeblok 1936 Abandoned 1971 American Brakeblok 1938 Active Abex 1941 Active Brake Shoe 1943 Active Eslme 1965 Active Stopper 1966 Active American Eagle 1974 Abandoned 1980 Crossing Guard 1975 Active - Protector 1975 Active 121 Super Brakes 1975 Active (c) Abex objects to this interrogatory on the grounds that it is vague and lacks particularity as to what information is being requested. Without waiving and subject to j these objections, to the extent that Abex understands this interrogatory, Abex asbestos-containing automotive friction products were intended for use m the stopping or control of a moving vehicle. (d) Abex objects to this interrogatory on the grounds that it seeks confidential or trade secret information or materials. Without waiving and subject to this objection, all automotive friction products manufactured by Abex contained approximately 25-65 percent chrysotile asbestos only. -9- (e) Automotive brake lining is shaped into curved, linear segments m such physical dimensions as required by the specifications, characteristics and use established by the manufacturer of the vehicle or the equipment on which the lining material will be applied. Brake pads are basically rectangular m appearance and are composed of a lining material adhered to a metal mounting plate. (f) Abex objects to this interrogatory on the grounds that it is overly broad as to time, scope and location and is not reasonably calculated to lead to the discovery of admissible evidence. 7. Do asbestos products that you mine, manufacture, produce, nrocess, compound, convert, sell, merchandise, supply, distribute and/or otherwise place m the stream of commerce require any further change or modification before being put to their ultimate use by the user? For example, is there any mixing or cutting that has to be done: If there are any changes or modification whatsoever, state the specific nature of the change or modification. ANSWER: Abex objects to this interrogatory on the grounds that it is vague, ambiguous and overly broad. Abex manufactured the brake materials and did not install them or have any control over the work sites of purchasers of its products. Subject to and without these objections, Abex is generally aware that sometimes a certain amount of grinding or sanding bakes place prior to installation. -10- 8. State whether you presently mine, manufacture, produce, process, compound, convert, sell, merchandise, supply, distribute, and/or otherwise place in the stream of commerce the product(s) previously listed in interrogatory 6. ' ANSWER: Yes. 9. Identify all distributors of your asbestos products and state: (a) The date(s) your product(s) were sold or delivered to said distributor (b) The quantity or type of product(s) sold or delivered to said distributor; (c) Identify and produce all documents relating to said distributor; (d) Whether any agreement concerning third party liability existed between you and the distributors; and if so, if such agreement was m writing, attach a copy of such agreement; if such agreement was oral, then set forth fully the terms and the identity of the persons making such oral agreement. ANSWER: Abex objects to this interrogatory on the grounds that it is unduly burdensome, overly broad as to time, scope and location, seeks irrelevant information and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving and subject to these objections, Abex does not have complete information or knowledge concerning distribution, and therefore cannot answer this interrogatory. Discovery is continuing and Abex reserves the right to supplement this answer should relevant information become available. -11 10. Were any patents or trademarks ever applied for or granted with regard to any product(s) listed in interrogatory 6? If so, for each such product state: (a) The number of each patent; (b) The date(s) issued and to whom issued; (c) presently pending. The name of each patent application that is ANSWER: Abex objects to this interrogatory on the grounds that it is burdensome, overly broad as to time, scope and location, seeks irrelevant information and is not reasonably calculated to lead to the discovery of admissible evidence. ' 11. Identify each business entity from whom you have received raw asbestos it you are not a miner or distributor of mineral or raw asbestos during the period of plaintiff's or decedent's employ, including-. (a) name of and address of supplier; (b) the date(s); (c) amount; (d) types received; (e) to such purchase. identify and produce all documents relating ANSWER: Abex objects to this interrogatory on the grounds that it is burdensome and overly broad as to time, scope and location. Without waiving and subject to these objections Abex does not possess sufficient knowledge concerning the total amount of raw asbestos purchased or -12- subsequently incorporated into the asbestos-containing auto motive friction materials manufactured by it. Available records indicate that chrysotile asbestos fiber was purchased by Abex from the following companies at various periods during the years 1950 to the present: Asbestos Corporation, Ltd. Thetford Mines Quebec, Canada Bell Asbestos Mines, Ltd. Thetford Mines Quebec, Canada . Lake Asbestos Lac d'Amiante Black Lake Quebec, Canada Johns-Manvilie Corp. Canadian Johns-Manvilie Corp. Asbestos Canada Vermont Asbestos Group, Inc. GAF Corp. Hyde Park, Vermont 12. Identify each business entity from whom you have received finished asbestos products if you are not a miner or a distributor of mined asbestos indicating: (a) name and address of said entity; (b) the date(s); (c) amount(s); <d) types receive; thereto. (e) identify and produce all documents relating -13- I ANSWER Not applicable. 13. Did you sell raw asbestos or finished asbestos products to the employers of employee plaintiff during or immediately prior to the periods of employment of plaintiff? If yes, identify: (a) dates of sales; (b) amounts of sales; (c) products sold; names of finished asbestos containing (d) amount of raw asbestos sold; Invoice records can be attached to answer this interrogatory. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad and unduly burdensome. Without waiving and subject to these objections, invoices, which may or may not indicate sales of asbestos-containing automotive friction products to plaintiff's employer(s) are on file for a period beginning sometime in 1976 to the present only. These \ invoices, which number m excess of 800,000, are arranged, for the most part, numerically and chronologically by year and not by customer, product or state. They can be made available for inspection and copying upon receipt of an appropriate document request. 14. If you have no records of sales earlier than a date identified in your answer to number 13 supra, will you admit that you sold asbestos products to the companies involved during or immediately prior to the employ of plaintiff by said companies? I -14- interrogatory absent such a definition. Abex further objects on the grounds that the interrogatory calls for a legal conclusion which Abex is not qualified to render. 17. Did you rebrand any of your asbestos products for other companies? If so, (a) Identify such companies; (b) for each company; Indicate the specific products rebranded (c) The dates of each such rebranding; That is, did you manufacture or acquire asbestos products and affix the names of other companies to the product or its containers? ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad and burdensome. Subject to and without waiving these objections, Abex is generally aware that some of its products were rebranded. Abex has not located any written rebranding agreements and therefore cannot give any specific information concerning the scope of its participation in rebranding. Discovery is continuing in this regard and Abex reserves the right to supplement this answer if further information should become available. 18. Since the initial date of said mining, manufacturing, producing, processing, compounding, converting, selling, merchandising, supplying, distribution and/or otherwise placing in the stream of commerce your asbestos products as specified in the answer to number 6, advise whether or not there have been any alterations or changes, then as to said alterations or changes, state: 16- (a) The trade nane(s) of each such product(s); (b) The date(s) each such product(s) was altered or changed; (c) The specific nature and date(s) of each such alteration or change of composition; composition. (d) The reason for each alteration or change of ANSWER: Abex objects to this interrogatory on the grounds that it is burdensome, overly broad as to time and scope, irrelevant to this case and not calculated to lead to the discovery of admissible evidence. Without waiving and subject to these objections, any changes made m the manufacturing process of asbestos-containing products have been to meet customers' specifications. 19. Describe in detail the packages in which you would, distribute or deliver asbestos products to the wholesaler or retailer for resale to companies such as Plaintiff's employers, stating: (a) The type box or package used; used; (b) The date each type of box or package was (c) A physical description thereof, including the size and color of the box or package; (d) A description of size and color of any printed material that appeared on or in said box or package stating: or cautions; (1) A verbatim statement of any warnings (2) The date(s) each such warning or caution was first used and last used. 17- ANSWER: Abex is without sufficient information to respond to this interrogatory ana, therefore, no. See also answer to interrogatory No. 13. 15. Did you sell asbestos products to distributors who would resell your asbestos products to the employers identified in number 13 supra, or ship asbestos products to such employers through sales to such distributors? If so, name the distributors. identifying (a) name, address of distributors; (b) asbestos products sold to distributors; (c) raw asbestos sold to distributors; - (d) amounts sold; (e) dates of sale. ANSWER: See answer to interrogatory No. 9. 16. Did you, at any time, assign or license any of you products to any person, firm or corporation? If so, state: (a) Identify the assigners or licensee; (b) The purpose of such assignment or license; or licensed; (c) The name(s) of the product(s) so assigned license; (d) The time period of the assignment(s) or (e) Identify and produce all documents relating to such assignment or license. ANSWER: Abex objects to this interrogatory on the grounds that it is vague and ambiguous in that the words "license" and "assign" are undefined. Abex cannot answer this -15- li )l (3) warning or caution. Icer.tify and produce a copy of said ANSWER. Abex objects to this interrogatory on the grounds that it is overly broad as to time and scope. Subject to and without waiving this objection, all asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according to size. The brand name of the product would appear on the package, as did the company name. In approximately 1972, Abex commenced placing warning labels on all packages of asbestos-containing friction - materials manufactured and sold. This warning information stated: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE BODILY HARM SERIOUS 20. Prior to releasing the asbestos product(s) listed in interrogatory 6 for sale, were any tests conducted on same to determine potential health hazards involved m the use, handling or exposure of the materials contained therein: If so, state: (a) The identity of each individual or firm who conducted such tests; test; (b) The date, purpose and result of each such (c) to such tests. Identify and produce all documents relating -18- j I ANSWER: Abex objects to this interrogatory or. the grounds that it is burdensome, vague, ambiguous and overly broad as to scope in that the word "tests" is not limited to dealing with asbestos dust which might be released from Abex's products. To the extent that this interrogatory is requesting information concerning asbestos dust which might be released from Abex's products, Abex is unaware of any such tests being conducted. Discovery is continuing in this matter and Abex expressly reserves the right to supplement this answer should further information became available. 21. Did you make any changes m your asbestos products as a result of such test: If so, state: (a) The product changes; (b) The nature of the change made; (c) The purposes of the change; (d) The date of such change; (e) The identity of each person or firm responsible for making the change. ANSWER: See answer to interrogatory No. 18. 22. Has any written material of any kind been prepared by you indicating how your product(s) should be used, applied or handled by the workers who would be reasonably expected to your asbestos products? If so, please state: same; (a) Identify each person or firm who prepared (b) Identify each person or firm who presently has possession of same; -19- (c) The date(s) and manner an which said material was distributed to purchasers or users of your product(s); documents. (d) Identify and produce all applicable ANSWER: In 1977 and 1979, Abex participated m the preparation and distribution of a pamphlet published by the Friction Materials Standards Institute, Inc. entitled, "Recommended Procedures for Reducing Asbestos Dust During brake Servicing." An excerpt from the 1979 pamphlet is reprinted below: RECOMMENDED PROCEDURES FOR REDUCING ASBESTOS DUST DURING BRAKE SERVICING Because studies have indicated that exposure to excessive amounts of asbestos dust may be a potential health hazard, OSHA has se maximum limits of levels of airborne asbestos dust to which workers may be exposed. Since most automotive friction materials normally contain a sizable amount of asbestos, it is important that people who handle brake linings and clutch facings understand the nature of the problem and know the precautions to be taken. 1. Areas where brake work is done should be set aside if possible, and entrances should be posted with an asbestos exposure sign as follows: Asbestos Dust Hazard Avoid Breathing Dust Wear Assigned Protective Equipment Do Not Remain in Area Unless Your Work Requires It Breathing Dust May Be Hazardous To Your Health 2. The amount of asbestos in the dust from brake lining wear is normally at an extremely low level because of chemical breakdown during use, and if machining of friction material does not take place, simple procedures will minimize exposure. During brake servicing, the mechanic should wear -20 I a respirator approved by NISDK for asbestos dust. It should be worn during all procedures starting with the removal of wheels and including reassembly. 3. When removing worn friction materials, remove the accumulated dust m the assemblies with an industrial vacuum cleaner equipped with a high efficiency filter system. If such equipment is not available, dust can be removed with a damp cloth. Do not use compressed air or dry brushing for cleaning unless the assembly is enclosed and property exhausted. 4. Whenever possible, purchase friction materials preground and ready for installation. If matching is necessary, the precautions which must be taken are of extreme importance. This is the operation m brake service when exposure to asbestos dust may be at its highest. This increases the difficulty in complying with the OSHA standards. In addition to the approved respirator, there must be local exhaust ventilation such that worker exposures are maintained below the OSHA asbestos standards. If there is any question as to the efficiency of asbestos dust removal by the machine, the manufacturer should be contacted. 5. Industrial vacuum cleaner bags contained asbestos dust and cloths used for wiping brake assemblies should be sealed in plastic bags and labeled u*ith the following warning label printed in letters of sufficient size and contrast to be readily visible and legible. Caution Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Bodily Harm Serious All asbestos waste should be disposed of in accordance with OSHA and EPA asbestos regulations. During removal of vacuum bags, and approved respirator, as described m (2) above should be worn. 6. Good housekeeping is essential in a workplace where asbestos containing materials are handled. Industrial vacuum cleaners equipped with multiple stage high efficiency filters should be used for removing accumulations of asbestos dust and waste. Never use compressed air or dry sweeping for cleaning. Water or other dust suppressants should be applied if brooms are used. -21- 1 7. Good persons! hygiene practices are important in minimizing asbestos dust exposure. Do not smoke. Wash before eating. Shower after work. Change to work clothes upon arrival at work and change from work clothes at conclusion at work. Work clothing should not be taken home Laundering as asbestos contaminated clothing shall be done so as to prevent release of airborne asbestos fibers m excess of the exposure limits. CAUTION: DO NOT BREATHE ASBESTOS DUST 23. If there have been any changes in any labels, inserts or other information which has ever accompanied any of your products as it was placed on the market, state the reasons therefore and the name and address of the person who recommended or ordered the change. ANSWER- Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving and subject to these objections, Abex is not aware of any labeling changes. 24. State the names, titles and addresses of defendant's advertising agents who are employed or used m connection with the promotion of the product(s) specified m answer to interrogatory 6, and give a summary of all the instructions given to such agents regarding the uses, safety, and health related effects of the use of the products and their obligations to provide this information to customers. ANSWER- Abex objects to this interrogatory on the grounds that it is overly burdensome m that the identities of those involved in the advertisement of Abex's products are not relevant to this action and will not lead to the discovery of admissible evidence. Advertising brochures may be on file and i ! -22- can be reviewed upon receipt of an appropriate document request. 25. Have you at any time published and/or distributed any document containing any warnings concerning the possibility of illness, disease, or injury resulting from the use of or exposure to the asbestos products listed in answer to interrogatory 6. If so, please state: (a) The wording of each such warning, (b) A description of each such document; (c) The method used to distnoute the warnings to persons who are likely to use, handle or be exposed to your product(s); (d) The date(s) such warning was issued; (e) Identify each person who presently has possession of the above-described documents; (f) Identify and produce all the documents mentioned m parts (a) through (e) of this question; (g) In particular, was any warning ever given, either in writing or m any other way concerning the possibility of the illness as known as cancer resulting from the use of or exposure to any of the asbestos products listed m answer to interrogatory 6. (h) How the document and the information involved were communicated to purchasers of the product? ANSWER: Abex objects to this interrogatory on the grounds that it is repetitive. Without waiving and subject to this objection, see answer to No. 19. 26. Have you ever given any warnings to your employees of dangers of illness and/or disease by reason of their use, handling or exposure to asbestos products: If so, state: -23- I (a) The date of each such warning, (b) Kow such warnings were giver; (c) If such warnings were oral, state the names and addresses of the person(s) giving and receiving such warnings; (d) If such warnings were written, state: (1) The date(s) of such warning(s); warmng( s) ; (2) The present location of such (3) The names and addresses of individuals who prepared such warning(s); posted; (4) Where and/or how such warning(s) were (5) The reasons for such varnmg(s). (e) Whether or not m the course of such warnings, there was any warning concerning the possibility of contracting the disease known as cancer resulting from the use of or exposure to the asbestos products. In particular, whether there was any warning concerning that type of cancer known as mesothelioma. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. 27. Were you ever advised by any member of the medical profession or other profession such as industrial hygienists* occupational hazard professionals or other persons to utilize hazard labels on your products and to give clear and explicit warnings concerning the possibility of cancer, and/or mesothelioma and/or other serious illnesses and diseases including but not limited to asbestos to those who might use, handle, or be exposed to your asbestos products after they have left your control? Identify this individual or individuals or company set forth the date of this advise, and attach copies of this advise if written. -24- ANSWER. Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. Abex further states that, if used properly, its products do not contribute to or cause a health hazard. 28. When, if at all, did you first become aware that airborne dust containing some asbestos fibers might be created m the course of the use of your asbestos products by workers in: (a) the pipe insulating trade; (b) textile factories; * (c) companies manufacturing asbestos products; (d) other industries such as but not limited to: (1) railroads (2) oil burner service. ANSWER: Abex objects to this interrogatory on the grounds that it is burdensome and overly broad in that it seeks information concerning industries unrelated to Abex. Subject to and without waiving these objections, Abex maintains that if used properly, its products do not contribute to or cause a health hazard. 29. When did you first become aware that airborne dust containing asbestos fibers or fibriles would be created m use or removal of your asbestos products by an insulation worker or other workers could cause asbestosis, pleural thickening or pleural plague, mesothelioma, or lung cancer? Please identify the date of this knowledge by product whether -25- raw asbestos or a finished product and the date of knowlecge that each of the diseases set out could develop from exposure to asbestos. ANSWER; Abex has never manufactured, sold or distributed any thermal insulation products. 30. If your answer to question 28 as m the affirmative, please explain whether the Threshold Limit Value is based on counts of all particles in the air or just the asbestos fibers m the air. ANSWER: See answer to No. 28. 31. When did defendant know that any governmental or private agency, or other entity, issued guidelines suggesting Threshold Limit Values for exposure to asbestos dust? If ever-. guideline; (a) Identify the agency or entity issuing the verbatim; (b) State the content of the guidelme(s) (c) State the date issued and the date you first knew the purpose of the guideline(s). ANSWER* Abex objects to this interrogatory on the grounds that it is overly broad, assumes facts not yet established and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving and subject to these objections, Abex is presently unaware of when it first received information concerning Threshold Limit Values. 32. Does the defendant contend that the asbestos products mined, manufactured, produced, processed, compounded, converted, sold, merchandised, supplied, distributed and/or otherwise place in the"stream of commerce by the defendant are not "hazardous substances", as defined in 15 U.S. Code, =1261 -26 (5)' Said definition is incorporated herein by reference, and defendant is required to reply as to all the parts of said definition. If so. state the facts, opinions or conclusions upon which defendant relies to support such contention, and identify each document which is applicable. ANSWER: Abex objects to this interrogatory on the grounds it calls for a technical and scientific opinion which Abex is not qualified to render. Abex further objects to this interrogatory on the grounds that it seeks a legal conclusion which Abex is not qualified to render. 33. Have your asbestos products at any time been subjected to: (a) Tests or studies by a governmental agency; (b)' organization; Tests or studies by any independent (c) Tests conducted on humans or animals on your behalf or on behalf of any co-defendant in this action. If your answer to any of the subsections (a) through (d) is in the affirmative, for each test or study state: (1) The date it began; (2) The date ended; (3) The procedure of the test or study; (4) The number of man hours spent on it; (5) The place where it was conducted. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, and vague and ambiguous in that "tests" is not defined and the interrogatory is not limited to asbestos dust or fibers allegedly released from -27 1 Abex's products containing asbestos. Abex cannot answer this interrogatory absent such a definition or limitation. 34. Have you, at any time, been a member of any "trade association or organization" composed of other miners, manufacturers, suppliers, distributors, producers, processors, compounders, converters, sellers, merchandisers, and/or anyone otherwise placing in the stream of commerce asbestos proaucts' If so, state: (a) organization. Identify each such association or (b) The dates during which you were a member7 (c) The names of any publication published by or written by such issociation or organization; members; (d) The dates and addresses of all other attended; (e) What meetings you attended and identify who (f> Who spoke at such meetings; (9) Were transcripts or summaries or minutes or notes made of such neetmgs? If so, identify the above, tell specifically what was made and give the name, title and address of the person or persons who have custody of the transcripts and/or summaries and or minutes and/or notes mentioned aDove and state when and where counsel for the plaintiff may examine and copy these documents. ANSWER: Abex objects to this interrogatory on the grounds that it is burdensome and overly broad. Subject to and without waiving these objections, Abex or its corporate prede cessors were members of the following trade associations or organizations: Asbestos Information Association of North America (1975-1980) and the Brake Lining Manufacturers Associ ation from an unknown date until 1949. Furthermore, Abex is i i -28- presently a member of the Friction Materials Standards Insti tute (1949-present); the American Industrial Hygiene Associ ation, the Air Pollution Control Association, the Manufacturers and Allied Products Institute and the American National Stan dards Institute. 1 I i 35. Have you, at any time, been a member of and/or contributed to the Industrial Hygiene Foundation: If so, state contributed; (a) The dates you were a member and/or (b) The identification of any publication of any such organization; attended; (c) What meetings you attended and who (d) Who spoke at such meetings; (e) Where transcripts or summaries or minutes or notes made of such meetings? If so, laentify the above, tell specifically what was made and give the name, title and address of the person or persons who have custody of the transcripts and/or summaries and or minutes and/or notes mentioned above and state when and where counsel for the plaintiff may examine and copy these documents. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, irrelevant to this case and not reasonably calculated to the discovery of admissible evidence. Without waiving and subject to these objections, Abex does not believe it was ever a member of the Industrial Hygiene Foundation. 36. State whether you have received any workmen's compensation claim for injury, occupational disease, or death, to any of your employees or to any persons working as -29- i independent contractor for you, or under your direction or to any persons m "contract units" operated by you or your subsidiaries or divisions or to any persons hired on an occasional basis by your agents, employees or directors, m the course of work activity performed by the aforementioned "contract unit" for the following diseases: asoestosis, emphysema, chronic bronchitis, pulmonary fibrosis dyspnea, carcinoma of the lungs, or mesothelioma. In answering this question confine your answer to workers who were occupationally exposed to asbestos products by their using, handling, fabricating, installing, removing, mixing, cutting, packing or transporting products containing any percentage whatsoever of asbestos whether raw or finished and whether made by you or made by some other company but used, handled, modified, installed, removed, mixed, cut packed or transported by the person or persons making the workmen's compensation claim for injury or unit managers or contract unit occasional workers independently contracted for. If there have been any workman's compensation claims within the above-described criteria between the years 1930 and 1978, state: (a) The date you received notice of the claim; (b) The identity of the person making the claim; or on whose behalf the claim was made; (c) The specific disease or illness complained of. In particular, all complaints of: asbestosis, emphysema, chronic bronchitis, pulmonary fibrosis, dyspnea, carcinoma of the lungs and mesothelioma; (d) The name of any physician or nurse who made any notes on the claim or who inscribed any words whatsoever on any document, paper, letter, book, or record pertaining to the evaluation of the facts and/or the merits and/or the medical workup of the claim filed; (e) A brief summary of the substance of the written materials mentioned in section (d); (f) The present location(s) of the documents, medical or otherwise, relevant to the claim files, if any, specified m section (a); (g) An index to the claim files, if any specified in section (a) showing how, if at all, they are broken down by the defendant m the ordinary course of the defendant's business activity (i.e. by geographical region, by plant, by profit center, by disease, by injury, by level of compensation demanded, by estimate on the eventual payment that will be required on the claim, by worker's name or number, by -30- contract unit, by date, or in any other way that tne defendant as a practical matter in the ordinary course of defendant's easiness actually breaks down and indexes the claims of tne kind specified for purposes of cefenaant's own internal filing and record keeping. j , ' j i (h) The state or federal agency or agencies which would in the ordinary course of defendant's business and m the ordinary course of the state and federal government's business receive notice of the claims; (1) The indexing or filing system used by those agencies in the respective states or m the respective federal agencies. (j) The records retention policies concerning claims of the kinds specified in Part (a) of the defendant, and of any state agencies of which the defendant has knowledge in states where the defendant does business, and to which the defendant supplies information concerning claims of this kind. Also include any federal agencies which would receive notice directly or m the defendant* s knowledge indirectly as a matter of the ordinary business of the federal government concerning claims of the aforementioned kind; ` (k) The disposition of said claim(s) including benefits paid or settlements reached or moneys voluntarily paid by your insurers, if any; * (1) The last known address of the attorney representing the Claimant, if any. ANSWER; Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. Abex further objects to this interrogatory on the grounds that the term "contracting units" is not defined and Abex cannot answer this interrogatory absent such definition. 37. Have you ever been named as a party in any action for workmen's compensation benefits for injury, occupational disease, or death by any of your employees or -31- their estates, or by any persons working as independent contractors for you or under your direction or their estates, or by any directors, managers, or persons involved on a casual labor or occasional worker indepenoentiy contracted for basis in "contract units" operated by you or their estates where the disease, injury or death was asserted by the Plaintiff and/or claimant in the action to be based m whole or m part on the diseases; asbestosis, emphysema, chronic bronchitis, pulmonary fibrosis, dyspnea, carcinoma of the lungs, or mesothelioma and where the plaintiff and/or claimant in the course of his work experience used, handled, fabricated, installed, removed, mixed, cut, packed or transported asbestos products containing any percentage whatsoever of asbestos? If so, state as to each claim: (a) The identity of the Plaintiff and/or claimant and the disease(s) or mjury(s) on which the action was premised; (b) The date it was filed; <c) The name and address of the court, agency, or administrative body, m which it was filed; (d) The term and/or number of the action; (e) The identity of the claimant's attorney; (f) (g) expert witnesses; The identity of the claimant's physician; The identity of your physician, and/or (h) The disposition of the action including any moneys paid voluntarily or by agreement or m settlement by your or by your insurance carrier. ANSWER: Abex objects to this interrogatory on the grounds it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. Abex further objects to this interrogatory on the grounds that the term "contracting units" -32- is not defined and Abex cannc-t answer this interrogatory absent such definition. 38. If you or your insurance carrier have ever paid out money voluntarily, or by agreement, or m settlement, on a claim for the following diseases; asbestosis, emphysema, chronic bronchitis, pulmonary fibrosis, dyspnea, carcinoma of the lungs, or mesothelioma between the years 1530 and 1978, specify for each instance: (a) The amount paid out; (b) Who paid it; (c) Who received the payment; (d) The date of the payment(s); (e) Whether, if agreement went on file with any administrative body, and if so, filing; it was an agreement, the court, agency, or the date and location of the (f) The current location of any document(s) evidencing such voluntary payment, and the name, and address of their present custodian, and the time and place where counsel for plaintiff may examine and copy such document(s). ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad as to time, burdensome, irrelevant to this case and not reasonably calculated to lead to the discovery of admissible evidence. 39. If you or your insurance carrier have ever paid out money, voluntarily, or by agreement, or in settlement to any employee contractor, contract unit worker, contract unit manager, or casual, or incidental laborer for a claim based on the following diseases; asbestosis, emphysema, chronic bronchitis, pulmonary fibrosis, dyspnea, carcinoma of the lungs, or mesothelioma, state as to each recipient of such funds: -33- (a) His or her identity; (b) The identity of his or her attorney; (c) The date the claim was made; (d) The date payment commenced and the duration and amount(s) of payments), (e) The insurance carrier making the payment; (f) Whether such agreement was filed in any court; agency or administrative body, if so, state: (1) The date it was filed; (2) The location of such filing; (g) The current location of any document(s) evidencing such voluntary payment(s) and the name and address of their present custodian and tne time and place where counsel for the plaintiff can examine and copy such aocument(s). ANSWER: Abex objects to this interrogatory on the grounds it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. Abex further objects to this interrogatory on the ground that the terms "contracting unit worker," "employee contractor," and "contract unit manager" are not defined and Abex cannot answer this interrogatory absent definitions for these terms. 40. State whether you or your insurance carrier has voluntarily, or by agreement paid to any employee benefits for accident, sickness, health, disability, or retirement, by reason of exposure to asbestos products. If so, state as to each: -34- (a) The identity of such employee; (b) The identity of the employee's attorney; (c) The identity of the insurance carrier(s) making such payment. (d) The dates the claims were made as to each separate claim by each employee; (e) The date payment was made; (f) The current location of any documents evidencing such payments, the name and address of their present custodian and the time and place where counsel for the plaintiff can examine and copy such documents. ANSWER; Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance "to this case and is not reasonably calculated to lead to the discovery of admissible evidence. 41. State the names and addresses of all your insurance carriers for workmen's compensation and occupational disease compensation from 1S30 through 1985, and your insurance carrier for this action, and as to each insurance carrier, state the periods when such coverage was provided and the amount provided, and the name(s) and coverage amounts of your carrier(s) m this action. If there is a dispute between you and certain carriers as to coverage, please answer this question as to: (a) each company; Amount of insurance you claim you have from (b) Amount of coverage m dispute; (c) Amount of coverage not in dispute. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to 35- I this case and is not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Abex is currently involved m litigation with various insurers concerning the amount, scope and times of coverage. 42. If you or your insurance carrier have ever paid out money as a result of a court decree or jury verdict against you m a case m which the plaintiff asserted injury resulting from exposure to asbestos products mixed, manufactured, produced, processed, compounded, converted, sold, merchandised, supplied, or placed m the stream of commerce identify the: against you; (a) Court m which judgement was entered (b) Court docket number; (c) Plaintiff's name; (d) (e) Plaintiff's attorney's name and address; Amount of judgement; (f) Date judgement entered; entered. (g) Other defendants against whom judgement vas ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. 43. Do you have a medical department that performs occupational studies or reviews of worker's health? If so, describe: -36 (a) How ling m existence; since 1930; (b) Names of those who have led that department (c) Any reports or warnings provided to you by that department as to the effects of asbestos; (d) Current address of that person or those persons referred to in (b) supra. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving these objections, Abex has maintained a medical ' department since approximately 1941. The following persons have served as medical director-. Lloyd E. Hamlin Charles C. Blackwell Fredench W. Knoch William F. Redman Dennis E. Egnatz 1941-1961 1961-1976 1976-1982 1982 1982-1987 Abex is currently without a medical director. 44. Have you had a medical advisor or other professional reviewing your products particularly asbestos, and making recommendations for use? If so, please answer (a)-(d) of interrogatory 43. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the -37- discovery of adirissible evidence. Subject to and without waiving these objections, see answer to interrogatory No. 43. 45. If you are merely a distributor, rather than a manufacturer and distributor of asbestos products, please answer interrogatories 7, 18, 19, 20. 21, 22, 23, 26, 27, with respect to whether you ever received such information from the manufacturers or from the trade association and so indicate by date, place and describe and attach any documents ANSWER: Not applicable. 46. (a) Do you contend that the employee plaintiff or, if deceased the plaintiff's decedent or his employer were contributor!ly negligent7 (b) Do you contend that the employee plaintiff or if deceased the plaintiff's decedent assumed the risk of his employment? ANSWER: Abex objects to this interrogatory on the grounds that it is premature. Without waiving and subject to this objection, Abex has not yet determined which contentions it intends to interpose at a trial of this action and reserves the right to supplement this answer when such a determination has been made. 47. If the answer to interrogatory number 45 (a) or 45 (b) is yes, please state m detail the factual basis for the contention and name any witnesses you intend to produce to support this contention. ANSWER: See answer to No. 46. 48. Do you deny that you sold asbestos products to any places of employee plaintiff. -38 I ANSWER. Abex objects to this interrogatory on the grounds that it is burdensome, overly broad and harrassmg m that it requests information which is not within the personal knowledge, possession or control of Abex and which can only be derived from a page by page review of the existing voluminous documents and records of Abex. There is no compilation, abstract, index or summary of most records m A.bex's possession and the burden of ascertaining this answer is the same for plaintiff as it is for Abex. 49. Do you deny that you sold asbestos products to the employer of plaintiff or to distributors whom you knew * would sell to the employers of plaintiff. ANSWER: Abex objects to this interrogatory on the grounds that it is burdensome, overly broad and harrassmg in that it requests information which is not within the personal knowledge, possession or control of Abex and which can only be derived from a page by page review of the existing voluminous documents and records of Abex. There is no compilation, abstract, index or summary of most records m Abex's possession and the burden of ascertaining this answer is the same for plaintiff as it is for Abex. 50*. Did you or employees of your company ever attend meetings of the Asbestos Textile Institute or any of its committees? If yes. -39- (a) (b) (c) Identify the meetings and dates, Who attended from your company; What materials were dispensed. ANSWER: Abex does not believe that any of its employees ever attended meetings of The Asbestos Textile Institute or its committees. 51. Identify all individuals who are now or have ever been employed by you including their current address who can testify or have testified concerning: (a) The history of that portion of your organization responsible for preventive medicine or occupational hygiene; ` procedures; (b) Your company medical policy, practices, and (c) The history of that portion of your organization responsible for product safety, (d) The nature and extent of your knowledge, over time, of health hazards actually, allegedly, or possibly associated with exposure to asbestos or asbestos products; (e) Actions taken by you to warn, direct or indirect purchasers of asbestos products or protect their employees of health hazards; () Actions taken to warn or protect persons such as plaintiff and spouse against hazards of asbestos. ANSWER: Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, vague and ambiguous, and premature. Abex further objects on the grounds that this interrogatory lacks particularity as to what information is being requested. There may be many persons who -40- "can testify" with regard to various topics, however, Abex cannot determine from this question which person or persons it should identify. 52. Did or does defendant maintain a medical library' If yes, state: (a) Date established; (b) Location; (c) Names and addresses of librarians; (a) Title, author, and publisher of all journals and books bought or subscribed to during the period 1930 through 1978, (e) To whom journals m the area of asbestos, ' industrial hygiene, medicine safety or engineering were distributed. " ANSWER-. Abex objects to this interrogatory on the grounds that it is overly broad, burdensome, lacks relevance to this case and is not reasonably calculated to lead to the discovery of admissible evidence. OJnff7Tir UOTwvteCh , Clayton H. Thomas, Jr. Attorney for Defendant Abex Corporation -41- < e) A_to.T.ot: ve b raxe nc is shaped :r.to curved, linear segments m such pr.ysical dimensions as recuir ec by the speci f i csti cr.s, characteristics and use established by the manufacturer of the vehicle or the equipment on which the lining material will be applied. Brake pads are basically rectangular m appearance and are composed of a lining material adhered to a netal mounting plate. (f) Abex objects to this interrogatory on the grounds that it is overly nrcad as to time, scope and location and is r.ot reasonably calculated to lead to the discovery of admissible evidence. . 7. Do asbestos products that you mine, manufacture, produce, orocess, compound, convert, sell, merchandise, supply, distribute and/or otherwise place m the stream of commerce require any further change or modification before being put to their ultimate use by the user? For example, is there any mixing or cutting that has to be cone.* If there are any changes cr codification whatsoever, state the specific nature cf the change cr codification. AKSWFR: Abex objects to this interrogatory on the grounds that it is vague, ambiguous and overly broad. Abex manufactured the brake materials and did not install them or have any control over the work sites of purchasers of its products. Subject to and without these objections, Abex is generally aware that sometimes a certain amount of grinding or sanding takes place prior to installation. --- - -ID- VERIFICATION 3, DEXTER L. KENFIELD, do hereby verify that I am Corporate Counsel of Abex Corporation and am authorized to make this Verification on behalf of Abex Corporation, that I have read the foregoing Answers to Interrogatories (Set I) and know the contents thereof, and that the facts contained therein are true and correct to the best of my knowledge, information and belief- I understand that false statements are made subject to the penalties of 18 ?a. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: it&b i V CRIFI CATION 3, DEXTER L. KENFIELD, do hereby verify that I am Corporate Counsel of Abex Corporation and am authorized to make this Verification on behalf of Abex Corporation, that I have read the foregoing Answers to Interrogatories (Set I) and know the contents thereof, and that the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to I /