Document oeqEJ5m17Yny992mzRzbJYNR3

IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY STATE OF FLORIDA IN RE: ASBESTOS INJURY LITIGATION Case No. 85-4666 NOTICE OF FILING Comes now the Defendant, Owens-Coming Fiberglas Corportion and hereby gives notice that it is filed its response to the Plaintiff's Interrogatories numbered la-f. CROSBY, SAAD & BEEBE, P.C. Attorneys for Defendant By:. RICHARD M. CRUMP / CERTIFICATE OF SERVICE - I do hereby certify that I have thiso?/ day of , 1990, served a true and correct copy of the foregoing pleading upon all counsel of record by mailing copy of same, United States mail, first class postage prepaid. "RICHARD M. CRUMP 1 KSIQWI F522JSSQ y) % rrm IN THE CIRCUIT COURT FOR ESCAMBIA COUNTY, FLORIDA IN RE: ASBESTOS LITIGATION CASE NO: 85-466 DEFENDANT, OWENS CORNING FIBERGLAS CORPORATION * S RESPONSE,JTO PLAINTIFFS * INTERROGATORIES Defendant, Owens Coming Fiberglas Corporation, by counsel and pursuant to the rules of this Court, responds to Plaintiffs* Request for Production as follows: INTRODUCTORY STATEMENT AND OBJECTIONS Plaintiffs seek information which in many instances is contained in numerous files and records. Further, certain of these interrogatories may call for the collection of information from OCF offices located in various parts of the United states. Therefore, OCF has responded on the basis of the best information now available to it. Subsequent investigation may reveal additional information relevant to these interrogatories and lead to a supplemental response. It is also noted that persons who are not now officers, directors or managing agents of OCF may have information relevant to the subject matter of these requests, and OCF is not purporting in the following responses to be giving the response of any such persons to plaintiffs* interrogatories. OCF * s .responses are made without in any way waiving: (1) the right to object on the grounds of competency, relevancy and materiality, hearsay or any other proper ground to the use of any -------such information, for any purpose, in whole or in part, in any subsequent stage or proceeding in this action or any other action; (2) the right to object on any and all grounds, at any time, to any other discovery procedure involving or relating to the subject matter of these interrogatories. Furthermore, to the extent that these interrogatories seek information concerning injury or disease other than those allegedly experienced by plaintiffs herein or concerning asbestos containing products other than those to which plaintiffs allegedly were exposed, OCF objects on the grounds that such l information is beyond theproper scope of discovery and is not reasonably calculated to lead to the discovery - of admissible evidence. To the extent these interrogatories are not limited in time to the years that OCF manufactured and/or sold asbestos containing products, OCF objects on the grounds that these interrogatories are overly broad, unduly burdensome, and not * reasonably calculated to lead to the discovery of admissible evidence. OCF also objects to these interrogatories to the extent that they seek information which is protected from discovery as attorney work product, attorney client communications, protected by the right to privacy, any other applicable privilege or material which is considered to be proprietary and trade secret. Incorporating the above objections into each response, OCF responds as follows: INTERROGATORY NO. 1: Please provide the following information with respect to all workers' compensation, third party, any other legal claims of any " type whatsoever brought against you between calendar years 1950 and 1973 in which a claimant contended that he had been injured by exposure to asbestos: a. Name of client; b. Date of claim; c. Date on which Owens Coming received notice of the claim; d. The disease process that the plaintiff contended he suffered; e. The job description of the plaintiff, including a description of how he contended he was exposed to asbestos and in what trade he was exposed to asbestos; and f. The resolution of the claim. RESPONSE NO. 1; OCF objects to this interrogatory on the grounds that it is overly broad and burdensome and seeks information which is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving its objections, OCF states that it was named as a party in Workmen's Compensation actions filed by persons believed to have been employees of its Contracting and Supply Division alleging injury from exposure to asbestos. These claimants were apparently insulation workers, who filed actions against numerous past and present employers, and alleged injury from exposure to a variety of asbestos and non-asbestos containing materials over a period of many years. OCF does not have records to provide a complete response to this interrogatory, because Worker's Compensation claims historically have been processed by OCF's insurance carriers, and OCF's corporate headquarters would not always have received contemporaneous notifications of individual claims. OCF has had in its possession certain claims materials from these kinds of Worker's compensation actions. These materials were located, for the most, part, in the Law Department of the company's Santa Clara, California manufacturing plant. However, all of these files originally located at Santa Clara have not been located in company files during a recent review of documents. A diligence search continues. The following table sets forth the factual, information which is presently known about these claims. Based on a preliminary review of these materials conducted in 1980, it appears that the injuries claimed were asbestosis, and in some instances, lung cancer. Name 1. Harold Bronson Approx, date of claim filed against OCF 1964 Location Los Angeles, CA 2. Leonard Brookenshire 3. Allan Everitt 4. Minnie Louise & Bruce Frederick 1968 1963 1967 Los Angeles, CA Fresno, CA 5. Steve Gillovich 6. Robert 0. Goans 1963 Oakland, CA 7. Robert E. Goodwin 1969 CA 8. Paul Gratshire 9. Allen Hamberg 1962 Oakland, CA Seattle, Washington 10. Roy B. Harris 1973 Phoenix, Arizona 11. Gerald Herrick 1970 Anchorage, Alaska 12. Harold Hilstrom -13. Burton Kramer 1973 1960 Washington Washington 14. Marvin Lindholm 15. William Lee Mabry 1973 1967 Seattle, Washington Oregon 16. W.L. Menzies 1968 Los Angeles, CA 17. Fred Moffett 1966 Oregon 18. Willis . Moore Seattle, Washington 19. Edward Meyers 1962 San Francisco, CA 20. George Nelson 1968 Phoenix, Arizona 21. Henry Puetz 1966-1967 22. John Stanley 1969 Los Angeles, CA 23. M.E. Sutton 24. David Swindell 1975 Sacramento, CA 25. William E. Tudor 1967 Seattle, Washington 26. Charles Vincent 1970 Anchorage, Alaska 27. James Whitcomb Riley 1959 28. Leroy C. Winters 1959 Albuquerque, NM 29. John Wyss 1962 In addition, a review of the OCF Toledo Medical Department files indicate the following information relating to these kinds of Workmen's Compensation claims. Name Approx, date of claim filed against OCF Alleged Injury Location 1. Wayne E. Boyer 1969-70 Asbestosis Los Angeles, 1 2. Lawrence F. Brimmer 1969 Unknown Flint/Grand Rapids, MI 3. Maurine Clark 1969-70 Unknown Los Angeles, 4. James E. Clark 5. James Clark .1969-70 1970 Unknown Asbestosis San Francisco Seattle, WA 6. Bruce Frederick (Minnie Louise) 1967-70 7. Charles F. Funkhouser 1970 8. Robert E. Goodwin 1969-70 9. Gerald D. Herrick 10. Robert J. Horsman 11. Roy B. Merrill 1970 1969-70 1969-70 12. Fred Moffet 1967-68 13. Willis W. Moore 14. Frances E. Owens IS. Edward L. Pfleghar 16. Henry C. puetz 17. John Stanley 18. Vernon F. Tucker 19. william E. Tudor 20. Charles L. Vincent 1969-70 1969-70 1968-70 1966-70 1968-70 1969-70 1967-70 1969-70 Asbestosis Fresno, CA Asbestosis Los Angeles, CA Pneumoconiosis Los Angeles, CA Asbestos Exposure Asbestosis Anchorage, AK Asbestosis Los Angeles, CA Pneumoconiosis Los Angeles, CA Asbestos exposure Disability: Exposure to asbestos Asbestosis Seattle, WA " Unknown Los Angeles, CA Asbestosis San Francisco, Asbestosis San Francisco, Asbestosis Los Angeles, CA Asbestosis Los Angeles, CA Asbestosis Seattle, WA Asbestosis Anchorage, AK Additional information relating to that which is discussed herein would be located in OCF's document library located in Richmond, Virginia. The document library contains existing documents generated and/or received at the OCF corporate headquarters in Toledo, Ohio; its technical center in Granvile, Ohio; and from manufacturing facilities in Berlin, New Jersey; Bloomington, Illinois; Newark,. Ohio; and Santa Clara, California. The library also contains certain files obtained from Fiberglas Engineering and Supply Company in San Francisco and Seattle, Washington. other documents relating to Fiberglas Engineering and Supply Co. of San Francisco are maintained by the law firm of Popeka, Allard, Mccowan & Jones in San Jose, California pursuant to an agreement contained in Defendant's response to plaintiffs' request for production in Helev. et al. v. Fibreboard. et al.. June 10, 1989. The library contains responsive, non-privileged materials generated before and during the time that OCF manufactured asbestos containing Kaylo insulation. At a mutually convenient time, OCF will make available for inspection by plaintiffs' counsel the non-privileged documents stored; in its document library. Counsel for OCF will provide an index, which sets forth the file titles of those files contained in each box, and personnel to assist plaintiffs' counsel in locating documents responsive to the discovery requests in this matter. OCF will also make arrangements for copying documents which plaintiffs' counsel may select. Copying and shipping costs will be borne by plaintiff(s), unless otherwise ordered by the Court. OCF's library includes documents that contain information which is .considered to be proprietary and trade secret. Therefore,- . they will be produced after the entry of an appropriate protective order. OCF has removed from - the library any existing materials which it contends are protected from discovery as privileged attorney-client communications, attorney work product materials, materials within the physician/patient privilege or those otherwise beyond the scope of permissible discovery. Each document removed as privileged has been substituted with an easily identifiable marker which describes the privileged document by document type, (e.c. . memo, letter, note) , date, author, recipient, subject matter and basis for objection. These markers may be designated for copying in the same manner as non- privileged documents. Visits to the library may be scheduled through OCF*s local counsel. Certain other Worker's Compensation claims files have been furnished to OCF by plaintiffs* counsel in the course of litigation. It is believed that these files were originally obtained from co-defendants or from public records. Copies of these files were not found among OCF*s historical documents, but some of these files relate to the same claimants whose names appear in the tables above. These files number in excess of 2,300 pages and will be made available upon request for inspection-and copying at a reasonable cost. RICHARD M. CRUMP 7 Florida Bar No.. 382930 CROSBY, SAAD & BEEBE, P.C. P. 0. Drawer 850249 Mobile, Al. 36685 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has ' been served upon counsel for all parries to this proceeding, by mailing a copy of same by United States Mail, properly addressed , .and first-class postage prepaid on this the J?/ /<* 1990 day of RICHARD M. CRUMP FLINTKQTE COMPANY .. Patrick Sullivan Hamilton, Butler, Riddick, Talton & Sullivan Tenth Floor First National Bldg. P.O. Box 1743 Mobile, Alabama 36633 HANVILLE CORPORATION Howard Acosta, Attorney Acosta & Mann 432 Third Street, North St. Petersburg, FL 33701 COMBUSTION ENGINEERING Harvey Hardy Holbrook & Hardv P. 0. Box 3505 ' Orlando, Florida 32802 H.K. PORTER Grey Redditt Inge, Twitty, Duffy, Prince & McKean P. 0. Box 1109 Mobile, Alabama 36633 ` ALLIED CORP./BEKDXZ COR?. Rodd Buell Blackwell, Walker, Fascell 2400 Ameri First Building One Southeast Third Building Miami, Florida 33131 BASIC, INC. Harold E. Morlan, II Durkin & Morlan, P. A. P. 0. Box 3748 Orlando, Florida- 32802 IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY STATE OF FLORIDA IN RE: ASBESTOS LITIGATION Plaintiff, v. OWENS-CORNING FIBERGLAS CORP. ET AL., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.85-466 STATE OF OHIO COUNTY OF LUCAS ) ) ) AFFIDAVIT ROBERT A. McOMBER, being duly sworn, deposes and says that he is Counsel - Litigation for OWENS-CORNING FIBERGLAS CORPORATION and that he verifies the foregoing answers to plaintiffs' Interrogatories for and on behalf of OWENS-CORNING FIBERGLAS CORPORATION and is duly authorized so to do; that the matters stated therein are not within the personal knowledge of deponent; that the facts stated therein have been assembled by authorized employees and counsel of OWENS-CORNING FIBERGLAS CORPORATION and deponent is informed that the facts stated therein are true. ROBERT A. McOMBER SWORN to and subscribed before me this A'-rCi day of - - a i , . 1990. // .....U....i..A...,. -riL / .. / 1' Notary Public# State of.Chio v\y Commission Er.pircs Aug. 13,1^34