Document oeXVXpZgYrGBq1e1Gv6KQ10eD
FILE NAME: Lone Star Industries (LS)
DATE: :
DOC#: LS
OCUMENT DESCRIPTION:>W&ZZZZ>Z ^ZZdZ
HONORABLE CATHERINE SHAFFER
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TRIAL DATE: July 16, 2018
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING 8
9 JUDD M. METZGER,
NO. 17-2-01942-9
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v.
Plaintiff,
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO
12 AIR & LIQUID SYSTEMS CORPORATION, 13 et al.,
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Defendants.
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Defendant Lone Star Industries, Inc., individually and as successor-in-interest to the Pioneer
17 Sand & Gravel, Inc. (collectively "Lone Star" or "Defendant"), responds to Plaintiffs' First
18 Request For Admissions ("Requests") as follows:
19 REQUEST FOR ADMISSION
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21 REQUEST NO. 1:
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Admit that in 1958 Lone Star knew or should have known of the hazards of asbestos (See
23 Attachment 1).
24 RESPONSE:
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Lone Star admits that there has been testimony provided by one of its corporate
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO
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Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360
1 representatives that because Pioneer Sand & Gravel, Inc. had operations in Washington State in
2 1958, Pioneer Sand & Gravel would have been aware of the provisions of the Safety Standards for
3 Protection against Occupationally Acquired Diseases issued by the Washington Department of
4 Labor and Industries in September, 1958 and any provisions of those standards that applied to
5 asbestos and would have complied with that law, as reflected in the testimony attached as
6 Attachment A to these responses and incorporated by reference into this response.
7 REQUEST NO. 2:
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Admit that when Lone Star Industries purchased Pioneer Sand and Gravel in 1959, Lone
9 Star was aware that Pioneer Sand and Gravel was involved in the sale and distribution of asbestos-
10 containing products. (See Attachment 2).
11 RESPONSE:
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Lone Star admits that when Lone Star Industries purchased Pioneer Sand and Gravel in
13 1959 it was aware by virtue of various references in the Vault Document that at times prior to 1959
14 Pioneer Sand & Gravel was involved in the sale of asbestos-containing products.
15 REQUEST NO. 3:
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Admit that during the period of time Pioneer Sand & Gravel/Lone Star Industries operated
17 as a distributor and distributed asbestos-containing products, you did not warn your customers of
18 the hazards of asbestos. (See Attachment 3)
19 RESPONSE:
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Lone Star admits that as a distributor of asbestos-containing products it would have relied
21 on the manufacturers of those products to provide warnings of those products and would have
22 passed any warnings on to the purchaser of the products and further admits that it is unaware of any
23 warning provided to it by any manufacturer of an asbestos-containing product, as reflected in the
24 testimony attached as Attachment B to these responses and incorporated by reference into this
25 response.
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO
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Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360
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RESPONSES to the foregoing REQUESTS FOR ADMISSION submitted this 28th day of
2 March, 2018.
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FOLEY & MANSFIELD, P.L.L.P.
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BY:
Howard (Terry) Hall, WSBA #10905
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Zackary A. Paal, WSBA #45077
Melissa K. Roeder, WSBA #30836
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asbestos-sea@foleymansfield.com
Attorneys for Defendant
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Lone Star Industries, Inc.
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PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO
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Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360
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CERTIFICATE OF SERVICE
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I, Traci Clark, declare that I am employed by the law firm of Foley & Mansfield, PLLP, 999
3 Third Avenue, Suite 3760, Seattle, King County, Washington; that I am over 18 years of age and
4 not a party to this action.
5 [ X ] (By E-mail) I caused the foregoing document(s) to be delivered via e-mail to firms and
6 persons whose email addresses are listed next to the name of the party represented as listed below:
7 Counsel for Plaintiffs
8 Glenn S. Draper Brian F. Ladenburg
9 BERGMAN DRAPER OSLUND 821 2nd Avenue, Suite 2100
10 Seattle, WA 98104
service@bergmanlegal.com 11 Counsel for General Electric Company
12 Christopher S. Marks Erin P. Fraser
13 TANNENBAUM KEALE LLP 601 Union Street
14 Two Union Square
Suite 4253 15 Seattle, WA 98101
Seattle.asbestos@tktrial.com 16 Counsel for Saberhagen Holdings, Inc.
17 Timothy K. Thorson CARNEY BADLEY SPELLMAN, P.S.
18 701 Fifth Avenue, Suite 3600 Seattle, WA 98104
19 asbestos@carneylaw.com
Counsel for Asbestos Corporation Limited Mark B. Tuvim Kevin J. Craig GORDON & REES, LLP 701 Fifth Avenue, Suite 2100 Seattle, WA 98104 SEAAsbestos@gordonrees.com Counsel for Metropolitan Life Insurance Company Richard Gawlowski WILSON, SMITH, COCHRAN & DICKERSON 901 Fifth Avenue, Suite 1700 Seattle, WA 98164 Metlifeasbestos@wscd.com
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I declare under penalty of perjury under the laws of the State of Washington that the
21 foregoing is true and correct.
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Executed on the 28th day of March, 2018 at Seattle, Washington.
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__________________________
Traci Clark, Legal Assistant
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PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO LONE STAR INDUSTRIES, INC. AND RESPONSES THERETO
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Foley & Mansfield, PLLP 999 Third Avenue, Suite 3760 Seattle, WA 98104 Telephone: (206) 456-5360
ATTACHMENT A
544
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
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IN AND FOR THE COUNTY OF KING
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----------------------------------------------------------------
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KATHLEEN McCARTHY~BROOKE,
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Individually and as Personal
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Representative of the Estate of JAMES
No. 16-2-21021-0 SEA
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M. BROOKE,
MORNING SESSION
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Plaintiff I
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vs .
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LONE STAR INDUSTRIES,
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Defendant.
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VERBATIM TRANSCRIPT OF PROCEEDINGS
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Heard before the Honorable Judge Timothy A. Bradshaw, at King
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County Courthouse, 516 Third Avenue, Room E-746, Seattle,
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Washington
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APPEARANCES:
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CRAIG SIMS and CHANDLER UDO, representing the Plaintiff;
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HOWARD (TERRY) HALL, MELISSA K. ROEDER, and BRIAN SMITH,
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representing the Defendant.
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DATE: 2~22-18
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REPORTED BY: KEVIN MOLL, RMR, CRR, CCP
King County
Kevin Moll, Courthouse,
Seattle,
RMR, CRR, CCP Rm . 912, (206)
WA 98104
477-1584
581
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regulation --
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MR. SIMS: May I approach, your Honor?
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THE COURT: You may.
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BY MR. SIMS:
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Q. Dr. Brodkin talked to us yesterday about a regulation
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dealing with asbestos and the permissible exposure
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limits in the State of Washington that was enacted in
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1958.
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1;2 {
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A.
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KEVIN MOLL, CSR (206) 296-9709
ATTACHMENT B
641
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
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IN AND FOR THE COUNTY OF KING
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KATHLEEN McCARTHY-BROOKE,
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Individually and as Personal
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Representative of the Estate of JAMES
No. 16-2-21021-0 SEA
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M. BROOKE,
AFTERNOON SESSION
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Plaintiff,
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vs.
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LONE STAR INDUSTRIES,
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Defendant.
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VERBATIM TRANSCRIPT OF PROCEEDINGS
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Heard before the Honorable Judge Timothy A. Bradshaw, at King
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County Courthouse, 516 Third Avenue, Room E-746, Seattle,
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Washington
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APPEARANCES:
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CRAIG SIMS and CHANDLER UDO, representing the Plaintiff;
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HOWARD (TERRY) HALL, MELISSA K. ROEDER, and BRIAN SMITH,
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representing the Defendant.
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DATE: February 22, 2018
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REPORTED BY: Joanne Leatiota, RMR, CRR, CCP
Joanne Leatiota, RMR, CRR, CCP King County Courthouse, Rm. C~912, (206)
Seattle, WA 98104
477-1578
721
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Q. You mentioned, I believe, in your testimony in response
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to some questions from Mr. Sims, that you recalled some
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material from Quigley that described Insulag as
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non-injurious. Do you recall that?
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A. Yes, sir.
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Q. I'm showing you what has been marked as Exhibit 224.
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Is that what you were referring to?
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A. Yes. I had seen that document before.
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Q. Is this the type of information that a company like
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Pioneer Sand & Gravel or Lone Star would receive from a
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manufacturer where the company was a distributor and
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then going to resell it?
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MR. SIMS: Objection as to speculation, lack of
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foundation.
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THE COURT: You may answer if you know.
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A. Well, it appears to be a description sheet of what the
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product was and what it contained, and it would have --
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if it was provided to the people buying it, then they
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would have had -- they would have had that information.
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BY MR. HALL:
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Joanne Leatiota, RMR, CRR, CCP King County Courthouse, Rm. C~912, (206)
Seattle, WA 98104
477-1578
722
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Q. Mr. Sims, I think, talked about and he might have
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pointed out about various regulations for various
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states. Do you recall that?
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A. Yes.
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Q. And he mentioned Washington as being one of those
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states?
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A. I believe he did, yes.
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Q. I would like to show you the safety standards from
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September of 1958. I think I'm going to need a new
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number for this.
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THE CLERK: This would be Defendant's Exhibit
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Number 1321.
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MR. HALL: Your Honor, at this point, for
Joanne Leatiota, RMR, CRR, CCP King County Courthouse, Rm. C-912, (206)
Seattle, WA 98104
477-1578