Document omBRkZ6bZv8J2MqOw32ra01kR

c 05 I 01 02 I 6 C. Shannon ^Urrooo * 5 c^a(,c9owr*4cc<r?rci OOUOUS . hauOhTOM OaviO maatmam jOn4 hunt johh o cooe A RlCHAPO OtKSTOA ONA|. SCOTT SCMiS STCPuCN R LAffSON WILUAM L NCAU 0AN O OClOCO MAROauCTc MCCASTnCT "Owner POOCPT qpain JOHN OUOUONO jCfrPCTA CHRISTIANSON OlANC J KCPQ !.a o 'ices 400 union street SEATTLE WASH'NOTON 98101 (206 623-9900 April 2, 1984 Mary Ellen Keegan Dodd, Coney, & Bishop, 1411 Fourth Ave. Bldg. Seattle, WA 98101 * P.S. Suite 312 PLAINTIFF'S EXHIBIT Re: Donald L. Horn vs. The Bendix Coro. Dear Ms. Keegan: Enclosed is S.K. Wellman's Answers to Plaintiff's First Interrogatories, Requests for Production, and Requests for Admission. These answers are conditional upon our client in Cleveland, Ohio reviewing them and signing the signature page. We will mail him a set of the answers today by Express Mail and hopefully he will be able to certify the answers and return the signature page to us by next week. Upon receipt of the certification, we will file the original and send a copy of the signature page on to you. Thank you for your cooperation in this matter. Very truly yours, . STAFFORD, FREY & MERTEL X iYJ&A&ba. 0 ThcrmaJAA Marsha A. Thomaier*y _Legal Assistant " Enel ABEX 207.750 SCF-ABEX-2810 C 0 51 0 10 2 IJ STh^oammmaOs moST'AccyroQO ** S CHABtCS W OOuGuAS A mauCmTON 0*V0 VOn0 C p*a0Tjman HyNT jOh* O CDOCP a 0CMAO ornatPA 0ONAUO SCOTT fiCMtf STCCH LAflSOH WILLIAM L NCAL O'ANC O CCIOCP MA0OA0CT C HcCAPTNCT omncy Aoecpr opain JOHN QUOCONO jerrpcr a chriSTfANSON QlANC J ACPO law orrices 4OC JK'CN STPEET SEATTLC WASHINGTON 9fll0l (2061 623-9900 April 11, 1984 Mr. Brian D. Lynch Attorney at Law 312 - 1411 Fourth Avenue Bldg Seattle, Washington 98101 Re: Horn v. S. K. Wellman Our File: 107/3252 Dear Brian: Enclosed please find pages 24, 27, 103, Exhibit 4.40/4.41 and the executed signature paqe of S. K. Wellman's answers to plaintiff's interrogatories. These pages contain the only changes that were made to the answers to interrogatories and we would therefore ask that you insert the pages in the correct sequence m your copy of the answers to interroaatones. Thank you. Very truly yours, CWM:kl Enclosures Charles W. Mertel c 05lOin^4 PRELIMINARY STATEMENT 1. was incorporated in 1971 in the State of Ohio to receive assets purchased from the Wellman Division of Abex.Corporation. ' In responding to these discovery requests, S. K. Wellman is relying solely upon information in its own possession. S. K. Wellman interprets the words "you, your" and words of similar intendment to refer only to S. K. Wellman and, for the sake of convenience and expediting dis covery, the Wellman Division of Abex Corporation, to the extent the information is known to personnel of S. K. Wellman. S. K. Wellman undertakes no responsibility to develop information from Abex Corporation, and does not purport to speak for Abex Corporation. To the extent any definition established by plaintiff in the discovery requests is inconsistent with this treatment, S. K. Wellman objects to the definition on the ground that it is overly broad and vague and renders the requests unduly burdensome. 2. S. K. Wellman objects generally to the discovery requests on the ground that they are overly broad in the nature and scope of their inquiry and in the period of time to which the inquiry applies, and are therefore unduly burdensome and oppressive, especially in view of the specific facts now known about this plaintiff's claim. In addition, a portion or all of several of the requests seeks information which is not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. c o5ioio?f; 3. without waiving any of these objections, S. K. Wellman provides the following responses. If, and to the extent, plaintiff deems that the scope, interpretations or conditions of S. K. Wellman's responses are not fully respon sive to any portion or portions of the discovery requests, S. K. Wellman objects to those portions on the ground that they are so vague and unprecise as to be unintelligible, that they seek information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, and that they are unduly broad, burdensome and oppressive. 4. The following answers and objections are based upon information m the possession of the responding party at the time of the preparation of the answers. Discovery will continue as long as permitted by statute or stipulation of the parties,and the investigation of S. K. Wellman's attorneys and agents will continue to and throughout the trial of this action. S. K. Wellman specifically reserves the right at the time of trial to introduce any evidence from any source which may hereafter be discovered and testimony from any witnesses whose identities may hereafter be discovered. 5. ~l any information has unintentionally been omitted from these responses, S. K. Wellman reserves the right to apply for relief so as to permit the insertion of the omitted data from these responses. 6. The above preliminary statements shall apply to each and every response given herein, and shall be incorporated by reference as though fully set forth in each and all of the responses appearing in the following pages. c 05 I 0 I 02 I 8 - s' .' ' 1 2 3 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 5 FOR KING COUNTY 6 DONALDL. HORN, 7 v. Plaintiff, 8 THE BENDIX CORP., et al., 9 Defendants.) ) ) ) NO. 80-2-09935-3 ) ) PLAINTIFF'S FIRST ) INTERROGATORIES, REQUESTS FOR ) PRODUCTION OF DOCUMENTS AND , REQUESTS FOR ADMISSION 10 TO: Defendant S. K. Wellman AND ANSWERS AMD RESPONSES THERETO 11 AND TO ITS ATTORNEY: Stafford. Frey & Mertel 12 PLEASE TAKE NOTICE that the plaintiff hereby submits the * 13 original and two copies of the following interrogatories pursuant 14 to the Style Order, CR 26 and CR 33, together with Plaintiflf's 15 First Requests for Production of Documents and First Requests for 16 Admission pursuant to CR 34 and CR 36. In accordance with CR 33, 17 you are to answer the interrogatories under oath, and return within 18 sixty (60) days of the date of service of these interrogatories, 19 requests for production and requests for admission. To the extent 20 possible, answers to the interrogatories should be typed in the 21 spaces provided, adding pages if additional space is required. In 22 accordance with CR 34, you are to produce the documents requested 23 herein for inspection and copying at the offices of Dodd, Coney & 24 Bishop, P. S., Suite 312 - 1411 Fourth Avenue Building, Seattle, 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 1 Dodo. Concv Sl Bishop. P5 it: mu Knur* avcmx attu. washing o ioi U2 UM 05 I 0 I 02 I 9 1 Washing 2 request within sixty (60) days of the date of service of this 3 SPECIAL INSTRUCTIONS 4 1. All interrogatories are directed to information or 5 knowledge of the named party, attorneys, agents, corporate 6 officers, employees, representatives, partners, subsidiaries, 7 private investigators and all other persons or entities who are in 8 possession of or who may have obtained information for or on behalf 9 of the named party. The term "you" or "your" shall be defined to 10 include all such persons. 11 2. In answering these interrogatories, all language 12 should be kept in context, the singular including the plural, and 13 the plural including the singular where appropriate. The masculine 14 is intended to refer to the feminine where appropriate and vice 15 versa. 16 3. When listing or identifying a record or document, the 17 term shall mean any recorded material in any form, including 18 originals and all nonidentical copies (whether different from the 19 originals by reason of any notation made on such copies or 20 otherwise), including without limitation correspondence, memoranda, 21 * notes, desk calendars, diaries, statistics, letters, telegrams, 22 minutes, contracts, reports, studies, checks, invoices, statements, 23 receipts, returns, warranties, guaranties, summaries, pamphlets, 24 books, prospectuses, interoffice and intraoffice communications. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 2 C 051010220 1 offers, notations of any sort of conversations, telephone calls, 2 meetings or other communications, bulletins, magazines, 3 publications, printed matter, photographs, microfilms, indexes, 4 computer printouts, teletypes, telefax, invoices, worksheets and 5 all drafts, alterations, modifications, changes and amendments of 6 any of the foregoing, tapes, tape recording transcripts, graphic or 7 aural records or representations of any kind, and electronic, 8 mechanical or electric records of representations of any kind, of 9 which you have knowledge or which are now, or were formerly in your 10 actual or constructive possession, custody or control, or which 11 come into your control during the course of this litigation. 12 4. "Possession, custody or control" includes the joint 13 or several possession, custody or control not only by the person to 14 whom these interrogatories and requests are addressed, but also the 15 joint or several possession, custody or control by each other 16 person acting or purporting to act on behalf of the person, whether 17 as employee, attorney, accountant, agent, sponsor, spokesman or 18 otherwise. 19 5. "Relates to" means supports, evidences, describes, 20 mentions, refers to, contradicts or comprises. 21 6. "Person" means any natural person, firm, corporation, partnership, proprietorship, joint venture, organization, group of natural persons or other association separately identifiable, whether or not such association has a separate juristic existence PLAINTIFF'S FIRST INTERROGS, ETC. 3 l 05 I 0 I (JZZ I 1 in its own right. 2 7. "Identify'' or "identity" means 3 ---as to a person to state with respect thereto: 4 (a) if a natural person, his or her full name, 5 present residence address, and telephone number; 6 (b) if a natural person, the name and last known business address of his or her employer(s) at 7 the time referred to in your answer and at the present time, and the employment position held 8 by such employees with each employer and the date when each such employment began and ceased, 9 and if a doctor, his area of specialization; 10 (c) with reference to persons who are not natural . parents, the last known complete address, 11 including zip code, and last known complete telephone number, including area code, of its 12 headquarters and its nearest or local office or agent. 13 8. "Identify" or "identity" means: 14 --as to a document to state with respect thereto: 15 (a) the name of the person who preparedit; 16 (b) the name of the person who signed it or over 17 whose signature it was issued; 18 (c) the name of each person to whom it was addressed or distributed; 19 (d) _ the nature and substance of the writing with sufficient particularity to enable it to be identified; (e) the date when it was prepared; (f) the date when it was signed; (g) the physical location of it and the name and address of its custodian or custodians; PLAINTIFF'S FIRST INTERROGS, ETC. - 4 Vi U D I U \ U /1 ii i i t 4' 3! 6 7: a .t i; 9' xo ii I; 11 '* i 12 13 ' 1<1 (h) whether it will be voluntarily made available to plaintiff for inspection and copying, and whether copies are attached to your answers to these interrogatories. (In lieu of fully identifying the documents referred to herein, you may instead attach copies of such documents to these answers*); (i) if any such document was, but is no longer in your possession or subject to your control, what disposition was made of it and the reason for its disposition. 9. "Identify" or "identity" means: --as to an oral communication to state with respect thereto: (a) the identity of each person who participated in the communication and the identity of each person who was present at the time it was made; (b) the identity of each such person's employer and whom each such person represented or purported ' to represent in making such oral communication; (c) the date and place where such oral communication was made; * 16 , tI 17 , I (d) what each such person said; and (e) the identity of each document or recording pertaining to such oral communication. 18 | 10. "Identify" or "identity" in any other context means 19 I its general and ordinary meaning, i.e., to state all 20 [characteristics that are helpful in describing the particular 21 l -- jthing, place, feeling, sensation, phenomenon, etc. for which an 22 i identification is sought. 23 I ] 11. Unless otherwise specified, the Relevant Time period 24 `contemplated by each of these interrogatories is the period from 25 i PLAINTIFF'S FIRST INTERROGS, ETC. - 5 i r u U 1 *J I U L L 1 1940 through the present. 2 12. The term "asbestos" or "asbestos product", unless 3 otherwise specified, includes any mined, converted, fabricated, 4 processed or rebranded product or compound which has been 5 manufactured, supplied, delivered, distributed, consigned or 6 otherwise placed into the stream of commerce and which contains anv 7 asbestos or chrysotile amosite, crocidolite, tremolite, 8 anthophyllite or actinolite, whether in their raw or natural 9 state. The term specifically includes, but is not limited to, 10 friction products containing asbestos, including brake linings, 11 brake facings, molded brake linings, roll brake linings, disc pads, 12 asbestos-containing adhesives or any other friction material 13 containing asbestos. 14 13. THESE INTERROGATORIES ARE DEEMED CONTINUING AND 15 SUPPLEMENTAL ANSWERS SHALL BE REQUIRED PURSUANT TO CR 26(e). 16 SECTION 1.0 17 INTERROGATORIES 18 1.01 Identify each person by name, address and position of 19 each person who prepared answers or was consulted with regard to 20 answering these interrogatories or supplying information used in 21 answering these interrogatories, including experts, and as to each 22 interrogatory, please state either at the conclusion of the answer 23 thereto or at the conclusion of all the answers the name, addresses 24 and positions of the persons who answered, supplied the information 25 26 PLAINTIFF * S FIRST INTERROGS, ETC. - 6 f 05IOI 022PC 1 and who drafted the answer. 2 MSWER; j. e. Menciru, Vice President, Administration 3 The S. K. Wellman corporation 200 Egbert Road 4 Bedford. Ohio 44146 9 Ir. htenciru gathered the information and prepared the responses in consultation with counsel. Principal contributors of information included: 6 Frichette, Vice President-Production & reality Assurance; 7 . Carrigan, Director of Distribution Development and Product Distribution; . CvitXovich, Marketing Assistant; 8 K. Yeager, Envirormental Administrator; Murphy, Administrative Nurse. 9 11 are employed at S. K. Wellman's Bedford, Chio facility. 10 1.02 State: 11 (a) Your correct corporate name; 12 (b) The state of your incorporation; 13 (c) The date of your incorporation; 14 '(d) The address of your principal place of business; 15 (e) Whether or not you were registered to do 16 business in the State of Washington during the Relevant Times, which has been defined as 1940 17 through the present; 18 (f) Whether or not you had a registered agent for the purpose of accepting process in the State of 19 Washington during any period of the Relevant Times and the name and present address of each 20 such agent; 21 (g1) Whether or not you are challenging service of process; 22 (h) Your corporate purposes;(i) 23 (i) Identify the person(s) who incorporated defendant; 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 7 C 051010227 C 1 (j) Identify the custodian of the Articles of 2 Incorporation and By-Laws of defendant. 3 \JNSWER: (a) The S. K. Wellman Corporation; (b) Chio; 4 (c) 1971; (d) 200 Egbert Road, Bedford, Chio; 5 (e) No; (f) No; 6 (g) No, not on the basis of insufficiency of service or lade of JUiiCXJL J111 1 l 1 <--L iljii^ 7 (h) Manufacture, market and distribute products; (i) Objection pursuant to CR 26(b)l--seeks information whidi is neither 8 relevant nor reasonably calculated to lead to the discovery of admissible evidence (hereinafter "irrelevant objection"). 9 1.03 State in what form, if any, business was conducted by 10 fou or your corporate predecessor prior to incorporation. !i I III 11 "lN bn,K: 12 See preliminary statement attached to these interrogatories. 13 14 15 16 17 18 1.04 Identify each director of defendant from date of 19 incorporation by name and last known address and dates of service. 20 ANSWER: 21 irrelevant objection. I i I i i i i | I i I J 22 t 23 24 I 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 8 05 I 0 I 07 1 1.05 Identify the custodian of the minutes of the meetings 2 jf the Board of Directors and Articles of Incorporation of 3 Jefendant and/or its corporate predecessors. 4 a 1 Rabert Mctlanamon, 1200 Hanna Bldg., Cleveland, Ohio 44115 6 7 8 9 REQUEST FOR PRODUCTION A: Pursuant to CR 34, attach or 10 produce according to the above instructions a copy of the minutes 11 af the meetings of the Board of Directors referred to in the 12 Eoregoing interrogatory. 13 14 ----------------' Objection--overly broad, burdensome and seeks information which is for the most part irrelevant and therefore objected to under the irrelevant objection. 15 16 17 18 19 1.06 Identify each director known to you who served as a 20 director, officer, employee or consultant to any other business, 21 corporation or cO-defendant which manufactured, distributed, sold, 22 installed or otherwise dealt with asbestos products. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 9  05 I 0 I 022 I nnoHLR: 2 None known. 3 4 5 6 7 1.07 As to the foregoing answer, list each such director, e together with each such business, including the name and address 9 thereof and the nature of its asbestos-related enterprise. 10 n See 1.06 above. 12 13 14 15 16 1.08 State where defendant has maintained its principal 17 offices, including its corporate headquarters, since its inception, 18 19 including dates of such locations. 20 ANSWER: 21 22 200 Egbert Road Bedford, Ohio 44146 1374 East 51st Street Cleveland, Ohio 44103 (prior to 1952). 23 24 25 26 PLAINTIFF'S FIRST INTERROGS. ETC. 10 i 051010230 11 defendant maintain an organization table or 2|fcai^liaVe aRSWeCe<i in the affirmative, identify the FOR PRODUCTION Bt Pursuant to CR 34, attach or fatten to the above instructions a copy of each such 12 11idtorganization. is } u tji*mgi&t *j*w*mso^. produ05(5 --` **** haw ^ ^ 18 l 19 I' . 1$ 8as defendant or any of its subsidiary companies *' I naaoed in the mining, manufacturing, marketing, 20 | any time * at I branding, distributing or sale of any material or 21 II assembling* * giving asbestos 22 product con** 23 ji for defini**^* of the terms fibers? See "asbestos or instruction 12, page 6, asbestos product". The I- ^ 24 j, scope of interrogatory includes the manufacture, J marketing or sale of products into which 25 'assembling# !! ^ntiihin9 products were incorporated. 26 asbestos-cPn-jogT INTERROGS, ETC, - 11 !: PLAINTIFF'S *** distribution I- c 05 I 0 1 023 i I 1 [ANSWER: 2 !< Yes. 3 4 it S 6 1.11 If the answer to the preceding interrogatory is in 7 the affirmative, state the following: 8 10 11 12 ! (a) The names of the companies mining, manufacturing, marketing, distributing, rebranding, assembling and/or selling each of those products, and specify whether these companies mined, manufactured, marketed, distributed and/or sold material containing asbestos fibers; iI 13 I 14 15 (b) The trade or brand name of each of those products mined, manufactured, marketed, distributed and/or sold; (c) The date each of the named products was placed on the market; 16 17 18 19 20 21 22 23 24 Ii 25 I' (d) The date each of the named products was withdrawn from the market; (e) A description of the physical (chemical) composition of each of the named products, including the type and percentage of asbestos contained in each product and the purpose of each ingredient for each year said product was manufactured, sold, distributed, rebranded and/or sold; (f) A description of the physical appearance of eacn of the named products, including any identifying color(s), stamp(s), stripe(s), texture, etc. for each year said product was manufactured, sold, distributed, rebranded and/or sold; (g) The sources of the asbestos ingredients contained in each product; 26 I PLAINTIFF'S FIRST INTERROGS. ETC. 12 051010232 11 I (h) Where each asbestos ingredient was obtained; 2i * (i) Where the asbestos ingredients were delivered; 3 (j) When the asbestos ingredients were obtained; 4 (k) A detailed description of the intended uses of 5' each of the asbestos-containing products; 1 6 (l) The date you controlled, purchased or acquired i: any interest m any other corporation which 7 ; mined, manufactured, marketed, distributed or I sold asbestos-containing products; s : (m) The manner of acquisition, including percentage 9 ' of ownership; 11 i 12 (n) The date of the sale of any such interest, or portion of such interest and the purchaser; (o) The date any such predecessor or subsidiary corporation ceased doing business. 13 'answer* .--------------' ' (a) S. K. Wellman - manufacture, market, distribute, sell; (b) Velvetoudi Organik; touch Feroretal; (c) 1963 to present - roll lining and fabricated parts; 1984 15 to present - paper friction products; , (d) See 1.11(c) above; -- -------^ 16 (e) Woven roll lining--composed of _long fiber asbestos spun into yarn with friction modifiers of brass, copper or zinc wire; woven 17 on carpet looms to width, thickness and length; treated with oraanic .resins and heat; ground. 18 j Flexible moded and molded materials including 3/4" truck iblock, industrial sets, pads and 19 j,mixed with metal chips of brass, j 1.12 Please identify by 20 f! gears--composed of short fiber asbesto copper or zinc (continued on attached) location and product produced each j'plant in which the asbestos-containing products listed in the 21 (.previous answer were manufactured and/or assembled, rebranded or 22 iotherwise produced and for each plant state: 23 24 1 (a) The dates each such plant was in operation; 25 26PLAINTIFF'S FIRST INTERROGS, ETC. - 13 051010233 Continuation of Answer to No. 1.11: and organic resins; extruded or passed into a mold; cured under heat and pressure to rough dimensions; ground to finished dimension and drilled for mounting. Paper friction products--composed of cellulose fibers, crysotile asbestos, carbon or graphite and mineral fillers, e.g., sillica and ullite, bonded together by phenolic resins, affixed to both sides of a flat steel ring with a phenolic adhesive under heat and pressure and finished by machining grooves in the friction material. Asbestos content range: 13%-24%. Investigation continuing as to type of asbestos contained in these products. (f) See response to No. 1.11(e); can contain part number "SKW" and/or "Velvetouch"; (g) Raybestos Manhattan (P.aymark); Abex Corp.; Wheeling Br. Block; Frasle, Virginia Friction, Lydall; Armstrong; QuinnT, In< (h) See response to No. 1.11(g); (i) S. K. Wellman facilities; (3) Continuous basis; (k) Clutch or brake devices for control of motion through application of friction; (1) See preliminary statement; (m) See preliminary statement; (n) None; (0) None. PLAINTIFF'S FIRST INTERROGS, ETC 13-A \) 0 I U I V - w 1 (b) The time span during which each named item was 2 produced; 3 (c) The amount of each product, expressed in pounds or tons, which was produced by each plant during 4 the Relevant Times; 5 (d) The person(s) at each such plant in charge of producing each such asbestos product; 6 (e) The person(s) in charge of packaging each 7 asbestos product; 8 (f) The person(s) in charge of labeling each such product. 9 10 t..(a) In the U.S. - Cleveland, Ohio up to 1952 - Bedford, Ohio 1952-present 11 ' - Nashville, Tennessee 1982-present (b) 1963-present--roll lining, fabricated parts 12 1974-present--paper friction materials; (c) Irrelevant objection and probably not able to lead to 13 :he development of this data, in any event; (d) Bedford - Robert Martin, Vice President, Manufacturing 14 Nashville - Ed Stanek, Plant Manager? (e) See response to No. 1.12(d); 15 (f) See response to No. 1.12(d). 16 17 18 19 1.13 During the Relevant Times, did you maintain or 20 distribute manuais, instructions, dealer handbooks or pricing 21 22 information pertaining to the sale, use, installation or removal of 23 asbestos or asbestos products? 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 14 C osioioz'C 1 ANSWER: 2 Yes. 3 4 5 6 114 If the answer to the preceding interrogatory is in 7 the affirmative, state the present location of records or other 8 such materials and the name and address of the custodian. 9 10 See response to Request for Production C. 11 12 13 14 15 REQUEST FOR PRODUCTION C: Pursuant to CR 34, attach or 16 17 produce according to the above instructions a copy of each such 18 manual, instruction, dealer handbook or pricing information. 19 RESPONSE: copies attached as part of Request for Production C. There is no single custodian or single point where such materials are 20 located. S. K. Wellman will continue to search its files for such documents. The documents attached are representative of dealer 21 materials. Pricing information documentation is objected to as proprietary and further objected to under the irrelevant objection. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 15 I C 051018238 C 1 1.15 During the period of time from 1940 to the present, 2 were any sales materials prepared by defendant or its agents for 3 the purposes of marketing or advertising defendant's asbestos or 4 asbestos-containing products anywhere in the United States? S 6 ANSWER: 7 yes> 8 9 10 1.16 If your answer to the preceding interrogatory is in 11 the affirmative, state: 12 (a) The name and address of each person or entity 13 who prepared the same; 14 (b) The name, address and job title of each person who presently has possession of same; 13 (c) The date same was prepared; 16 (d) The media used to disseminate the sales 17 material. Specify the names of the magazines, trade publications, catalogs, trade shows and/or 18 sales staff involved in the dissemination; 19 (e) State whether any of the materials referred to in your answer to this interrogatory were 20 mailed, circulated, distributed or otherwise made available in the State of Washington during 21 * the Relevant Times. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 16 C 05 I 0 I 0237 C X 2 ANSWER! (a) By or under the direction of The S. K. Wellman Corp. or Lts predecessors; 3 (b) See response to Request for Production D; (c) See response to Request for Production D; 4 (d) Sales# staff, trade shows, mailings; (e) Unknown. S 6 7 8 9 10 REQUEST FOR PRODUCTION D; Pursuant to CR 34, attach or 11 produce according to the above instructions a copy of each such 12 item of sales or marketing information, including but not limited 13 to books, movies, sales literature, training and/or marketing aids, 14 and an index thereto. 15 RESPONSE: See answer to Request for Production C above, including attachments. 16 17 18 19 1.17 State whether any of your agents, employees, 20 manufacturers, representatives or dealers during the Relevant Tines 21 were instructed to advertise, solicit, sell or otherwise encourage 22 the purchase of your asbestos products or asbestos-containing 23 products for use in motor vehicle brake linings, brake pads or 24 brake facings. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 17 c 0 5 I 0 I 0 2 5 < i 'ANSWER: 2i: I! 3 i 4 Yes, 5 6 7 8 1.18 If the answer to the preceding interrogatory is m 9 the affirmative, state the location of said promotional materials 10 u i and the name and address of the custodian. i I ANSWER: 12 *i See reSp0nse to Request for Production C above. 14 15 16 17 1.19 Identify the location, existence and present 18 custodian of any manuals, specifications or instructional materials 19 pertaining to the use, installation or removal of asbestos or 20 asbestos-containing products which were distributed or made 21 available to purchasers of your products during the Relevant Times. 22 23 24 25 26 l> PLAINTIFF'S FIRST INTERROGS. ETC. - 18 ii I 051010239 1 answers See Request for Production C above. 3 i si 6 7 1.20 If asbestos or asbestos-containing products wereVgold 8 to or purchased from any of the other defendants in this suit state: 9 ! II 10 i; *J `l 11 ,, l12 II (a) The name of each such defendant(s); (b) The date(s) of sale, purchase or rebranding of each' said product, including the amount and kind of materials sold or purchased, specifying trade names for each year of the Relevant Times; 1*1 (c) The name, address and job classification of the individual currently having possession of such 14 records. 15 ANSWER! (a) See response to Interrogatory No. 1.11(g) for vendors; 16 no sales to any defendants for automobile applications; (b) Irrelevant objection--burdensome and it is not presently 17 clear whether data is available from which to compile this information. ;Investigation continuing. 18 ' (c) J. E. Mencini is investigating to determine if informa tion can be collected to respond to Interrogatory 1.20(b). 19 l! 20 i; It 1.21 State the names and addresses of all distributors, 21 (dealers, agents or manufacturers* representatives of any of your 22 asbestos-containing products in the States of Washington, Oregon 23 i and California during the period of 1950 through the present, and 24 25 26 : PLAINTIFF'S FIRST INTERROGS, ETC. - 19 1.  051010240 cI I r i I Ii 1 !for each such person you have identified, state the time periods 2 each such person represented you. 3 ANSWER: Objection - this is privileged, proprietary information. Counsel in Seattle has in his possession the names and addresses and - ;iwill deliver same for an inspection by the court and would aqree to a 5 (review of the list by plaintiff's counsel pursuant to an agreement of - Confidentiality and nondisclosure to other persons or parties including 6 (defendants in the present litigation without further order of the court (Western Brake is not a distributor, dealer, agent or manufacturing representative of S. K. Wellman. S. K. Wellman has no records of sales to the Western Brake Co. *1 1.21.1 If you are a defendant manufacturer, seller or Ij ^distributor 12 r ! 13 14 i1II 15 16 ; of motor vehicles, identify* (a) The name and address of each and every manufacturer from whom defendant or any of its subsidiary companies obtained brake linings or brake pads or brake facings for installation or use in any motor vehicles manufactured or sold by defendant from 1950 through 1978; 17 : 18 ' ! I 19 . I 20 ! 21 22 I 23 !' i* i' 24 !' i. 25 ` (b) The name and address of the distributor or seller from whom defendant or any of its subsidiary companies obtained brake linings, brake facings or brake pads for use in any motor vehicles manufactured or sold by defendant from 1950 through 1978; (O The type, including dimensions, and brand name of each brake lining, brake facing or brake pad defendant or any of its subsidiary companies purchased or obtained for use in any motor vehicles manufactured or sold by defendant from 1950 througn 1978, and from whom each such product was purchased or otherwise obtained; 26 I. PLAINTIFF'S FIRST INTERROGS, ETC. - 20 ii  Q5I0I024I c I I 1 2 3 4 5 6! l 7' i 8 I! 12 13 14 ! 15 16 ! 17 18 19 20 21 22 23 24 i' (d) The dates (years) defendant or any of its subsidiary companies purchased or obtained such brake lining(s) or brake pad(s) from each manufacturer, distributor and/or seller, and the amounts expressed in pounds or tons which defendant or any of its subsidiary companies purchased or otherwise obtained; (e) The type and percentage of asbestos contained in each trade or brand named brake lining or brake pad identified above which you obtained from 1950 through 1978; (f) The physical characteristics of each kind of brake lining, brake pad or brake facing purchased or used by defendant or defendant's subsidiaries for use in vehicles manufactured or sold by you, including site, dimensions, weight, color, identifying tags, stamps or markings on said brake liners, pads or facings; (g) The name, last known address and telephone address of defendant's or defendant's subsidiaries' purchasing agent(s) responsible for obtaining brake linings and brake pads for use in any motor vehicles manufactured or sold by you from 1950 through 1978; (h) During the time period 1950 through 1978, did you maintain records relating to the purchase, sale and/or use of brake linings, brake pads or disc brake pads, including, but not limited to, records which indicate what brake linings were installed or to be installed on particular types or models of defendant's motor vehicles. (i) Describe all such records referred to in subsection (h) above; (j) ^ Identify (by manufacturer, trade name, number and brand name) what brake linings, brake pads or brake facings were installed, assembled, placed in or otherwise used or furnished in each of the motor vehicles you manufactured, sold or distributed for the period 1950 through 1978. 25 tl 26 ,PLAINTIFF'S FIRST INTERROGS, ETC. i 21  051010242 C 1 Otherwise stated, identify what brake pads, 2 brake linings or brake facings went into which of your motor vehicles during the period 1950 3 through 1978; 4 (k) State when and how you were first made aware of health hazards associated with the use of 5 asbestos; 6 (l) When did you first become aware that warnings were plaed on asbestos products with respect to 7 the health hazards associated with the use of asbestos; 8 (ra) When did you first learn in any manner or from 9 any source that asbestos or asbestos products are hazardous or dangerous to the health of 10 persons; 11 (n) From whom did you learn the information referred to in the answer to the preceding interrogatory; 12 (o) State what documents reflect the information 13 given in answer to the two preceding interrogatories, their date, and the present 14 custodian of said records; 15 (p) Did you at any time maintain or distribute manuals, instructions or information relating to 16 the sale, use or removal of asbestos or asbestos products, including, but not limited to, the use 17 or removal of asbestos-containing brake linings, brake pads or brake facings; 18 19 (q) If the answer to the preceding interrogatory is in the affirmative, state the present location 20 of records or other such materials and thename and address of the custodian of said manuals, 21 *. instructions, directories or information. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS. ETC. 22 I I  051010243 C I I 1 ANSWER: 2 u/A 3 4 5 6 7 8 REQUEST FOR PRODUCTION E: Pursuant to CR 34, attach or 9 produce according to the above instructions a copy of all such 10 purchase or sale records, and such information, written directions 11 ar instruction manual(s) identified in Interrogatories 1.21(h),fo) 12 (i), (p) and (q). 13 RESPONSE: N/A 14 15 16 17 18 19 1.22 Have any asbestos products identified in your answers 20 to Interrogatory 1.11 been, or are any of such asbestos products 21 now, distributed-in interstate conaerce? 22 ANSWER: 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 23 i 0 5 1UI U * t. I t 1 !` 1.23 If the answer to the preceding interrogatory is 2 j affirmative, state: 3` (a) Into which states of the United States of 4 American such product has been distributed; 5 : (b) The quantity distributed into each state of the U. S. for every year of the Relevant Times; s ;l (c) The name and address of each company or other r\ business entity, in the states of Washington, and Oregon to which such product has been 8 distributed and the dates of the distribution- 9 ! ANSWER: irrelevant objection--however, S. K. Wellman believes 1 its products were distributed in the state of Washington; 10 j (b) Unknown; (c) Release of customer lists is objected to as privileged 11 , and proprietary. There is, however, no record of any materials sold >' to the Western Brake Co. There is a recollection of sales of metallic 12 friction material to Western Brake ending some time in the early 1970s 14 ! i 15 ! 16 l 4 17 18 19 20 21 1.24 During the time period from January 1, 1950 through 22 f December 31, 1978, have you, directly or indirectly, sold, 23 ' distributed, delivered, installed or consigned any asbestos I 24 j products for use in brake renovation and repair such as brake 25 . 26 i PLAINTIFF'S FIRST INTERROGS, ETC. - 24 C 0510102*5 C 1 1.23 If the answer to the preceding interrogatory is 2 affirmative, state: 3 (a) Into which states of the United States of 4 American such product has been distributed; 5 (b) The quantity distributed into each state of the U. S. for every year of the Relevant Times; 6 (c) The name and address of each company or other 7 business entity, in the states of Washington, and Oregon to which such product has been 8 distributed and the dates of the distribution. 9 ANSWER: (aj irrelevant objection--however, S. K. Wellman believes its products were distributed in the state of Washington; 10 (b) Unknown; (c) Release of customer lists is objected to as privileged 11 and proprietary. There is, however, no record of any materials sold to the Western Brake Co. 12 13 14 15 16 17 18 19 20 21 1.24 During the time period from January 1, 1950 through 22 December 31, 1978, have you, directly or indirectly, sold, 23 distributed, delivered, installed or consigned any asbestos 24 products for use in brake renovation and repair such as brake 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 24 C. 0 5 10 10 2 4 6 C. 1! ining, molded or roll linings# disc brake pads# or adhesives to 2 iny of the following facilities including their predecessors or 3I uccessors: 4 5 (a) Western Brake Industries Company, Seattle, 6 Washington; 7 (b) Western Brake Industries Company, Los Angeles# California; 8 (c) Western Brake Industries Company, San Francisco, 9 California; 10 (d) Stewart-Western, Inc., Seattle, Washington; 11 (e) Stewart-Western# Inc., San Francisco, California; 12 (f) Stewart-Western, Inc., Los Angeles, California. 13 (a) No; 14 (b) No; (c) No; 15 (d) No; (e) No; 16 (f) No. 17 1.25 If any portion of your answer to the preceding 18 interrogatory was in the affirmative, state: 19 (a) The name of the agency, or facility identified in Interrogatory No. 1.24 to whom you sold, 20 distributed, delivered# installed or consigned asbestos products; 21 (b) Whether sold by you directly or through an agent 22 manufacturers' representative, dealer or subsidiary; 23 (c) The name and address of the agent manufacturers' 24 representative, dealer and/or subsidiary; 25 26 PLAINTIFF'S FIRST INTERROGS# ETC 25 C 051010217 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ANSWER: 16 17 (d) Specifically state the amount and kind of all asbestos products sold, distributed, delivered, installed or consigned to each facility referred to herein, stating in detail for each facility identified in Interrogatory No- 1.24 for every year during the period 1950 through 1978: 1. The brand or trade name of the asbestos products which were delivered; 2. The date of delivery of the products; 3. the volume of sales for every month during the period 1950 through 1978 for each product and facility expressed in pounds or tons; 4. The dollar value of sales for every month during the period 1950 through 1978 for each product and facility; (e) The ultimate purchaser or user of said products: (f) State the name and present address of the person or persons responsible for providing the answer to this interrogatory. For answers to 1.25(a) (f), see answers to 1.24(a) - (f). 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 26 c 051010248 C 1.26 Identify by name, job title, current or last known i !`address, and phone number the persons that your records show to be the purchasing agents for the companies or agencies listed in your (`answer to Interrogatory No. 1.24 for each year during the period i !January 1, 1950 through December 31, 1978. ANSWER: No names recalled. 8 !> ii 10 'I 11 I` 12 13 1 t 14 1.27 During the period 1950 through the present, did you lor any of your predecessors or subsidiaries at any time sell brake 15 ^linings or brake lining components to companies engaged in the 16 > : manufacture and/or sale of motor vehicles? 17 ! !ANSWER: k. Wellman does not sell any brake lining or brake lininq ' 18 `components to such companies for use m on-highway motor vehicles 19 '^except that during the referenced period, the S. K. Wellman Corporation Isold sintered metal non-asbestos containing disc brake pads to a racing 20 '! team representing British Leyland Motors. Ii i 21 22 { ` 1.28 If the answer to the preceding interrogatory is in , r. 23 ! the affirmative, identify the name and address of the companies 24 }engaged in the manufacture and/or sale to whom you sold 2S asbestos-containing brake linings or brake lining components to and 26 !. PLAINTIFF' S FIRST INTERROGS. ETC. - 27 I c 051010249 1 1.26 Identify by name, job title, current or last known 2 iddress, and phone number the persons that your records show to be 3 :he purchasing agents for the companies or agencies listed in your 4 answer to Interrogatory No. 1.24 for each year during the period 5 lanuary 1, 1950 through December 31, 1978. 6 ANSWER: 7 jj0 names recalled. 8 9 10 11 12 13 1.27 During the period 1950 through the present, did you 14 or any of your predecessors or subsidiaries at any time sell brake 15 linings or brake lining components to companies engaged in the 16 manufacture and/or sale of motor vehicles? 17 18 ANSWER? s. K. Wellman does not sell any brake linings or brake lining components to ocmpanies for use on highway motor vehicles. 19 20 21 1.28 If the answer to the preceding interrogatory is in the affirmative, identify the name and address of the companies engaged in the manufacture and/or sale to whom you sold asbestos-containing brake linings or brake lining components to and PLAINTIFF'S FIRST INTERROGS, ETC. - 27  0b I I 0Zb0 1 the dates of such sales, and identify by trade and brand name 2 exactly what product you sold and the quantity of the product you 3 sold to said companies. 4 1 W * 4 5 See answer to 1.27 above. 6 7 8 9 10 11 1.29 Identify each medical director of defendant by name, 12 last known address, duration of service, and all previous and 13 subsequent employers of each such medical director. 14 ANSWER: 15 None. 16 17 18 19 20 21 1.30 Identify by name and address the custodian of the 22 records of the various medical directors. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 28 J I t C 05 I 0 I 025 I C 1 2 N/A 3 4 5 6 7 8 REQUEST FOR PRODUCTION NO. F: Pursuant to CR 34, attach 9 or produce according to the above instructions a copy of the most 10 current curriculuo vitae for each and every medical director named 11 in answer to the preceding interrogatory. 12 RESPONSE: N/A 13 14 15 16 17 18 1.31 Have you at any time requested and/or received 19 information from medical officers, hygienists, or other employees 20 of your company pertaining to the possible existence of a 21 relationship between asbestos exposure and disease, or to the risks 22 or hazards to persons involved in the manufacture, installation, or 23 use of products containing asbestos? 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 29 C 051010252 c I ANSWER: s. K. Wellman has kept current with regulatory requirements, 2! i and information of this kind has come into its possession in various 3j 4 5' 6 7 1.32 If your answer to the preceding interrogatory is in 8 the affirmative: 9 10 (a) Identify the person(s) involved; 11 (b) State the dates relevant to the collection or 12 receipt of such information described above; (c) Describe in detail the nature of the study or 13 information; 14 (d) Identify all documents related to the study or information described above; 15 (e) Identify the custodian of the documents 16 identified in subpart (d) by name and address. 17 ANSWER: see response to Interrogatory No. 1.31 and Request for 18 Production G. 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 30  051010253 1 2 REQUEST FOR PRODUCTION Gi Pursuant to CR 34, attach or 3 produce according to the above instructions a copy of all documents 4 identified in your response to the preceding interrogatory. 5 RESPONSE; Wellman complies with state and federal standards, 6 which standards are available to the general public, and therefore, production is objected to. The objection is on the grounds that the 7 standards are in the public domain and equally accessible to the plaintiff. a 9 10 11 1.33 Have you at any time requested, received information 12 from or participated in studies with persons outside your company 13 pertaining to the possible existence of a relationship between 14 asbestos exposure and disease, or to the risks and hazards to 15 persons involved in the manufacture, installation or use of 16 products containing asbestos? 17 ANSWER; yes. Information received is in the form of state and 18 federal standards references in answer to interrogatories 1.31, 1.32 19 and Request for Production G above. PLAINTIFF'S FIRST INTERROGS, ETC. 31 C 05101025k c 1 1.34 If your answer to the preceding interrogatory is in 2 affirmative: 3 4 (a) Identify the person(s) involved; S (b) State the dates relevant to the collection or receipt of such information described above; 6 (c) Describe in detail the nature of the study or information; 7 (d) Identify all documents related to the study or 8 information described above; 9 10 11 ANSWER: 12 (e) Identify the custodian of the documents identified in subpart (d) with names and addresses. See answer to '1.33 above. 13 14 15 16 17 18 19 20 21 REQUEST FOR PRODUCTION H: Pursuant to CR 34, attach or 22 produce according to the above instructions a copy of all documents 23 identified in your response to the preceding interrogatory. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 32 C 051010255 C 1 2 See answer. including objection. to Request for Production G above. 3 4 5 6 1.35 Do you have or have you ever had person(s) m your 7 employ who were charged with responsibility for monitoring the 8 state of domestic knowledge of the safety and health aspects of 9 /our industry? 10 \NSWER: 11 ejection as overly broad. Virtually every employee is responsible for safety and health matters. No single person is charoed 12 with this responsibility. 13 14 15 16 17 1.36 If your answer to the preceding interrogatory is in 18 the affirmative: 19 (a) Identify all such person(s) with names and 20 addresses; 21 (b)` State the dates of service of each such person(s); 22 23 (O State the formal title, if any, of the person(s) described above; 24 (d) Identify all documents relevant to the position/person described above. 25 II tiI i ' 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 33 C 051010256 C 1 2 \NSWER; 3 See 1.35 above. 4 5 6 7 8 9 REQUEST FOR PRODUCTION I: Pursuant to CR 34, attach or 10 produce according to the above instructions a copy of all documents 11 identified in subparagraph: (d) above. 12 RESPONSE: Objection--overdy broad and cannot identify documents, if 13 any, which should be produced in response to this Request for Production. J. E. Mencini is aware of state and federal safety and 14 health standards which we assume represent the state of domestic knowledge. The standards are available to the general public and 15 production of same is objected to. 16 17 1.37 Do you have or have you ever had person(s) 18 responsible for monitoring the state of current foreign knowledge 19 of the safety and health aspects of your industry? 20 ANSWER: ,, 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS ETC. 34 - C- 051010257 C 1 1.38 If your answer to the preceding interrogatory is in 2 the affirmative: 3 (a) Identify all such person(s) with names and 4 addresses; 5 (b) State the dates of service of each such person(s); 6 (c) State the formal title, if any, of the person(s) 7 described above; 8 (d) Identify all documents relevant to the position/person described above. 9 O n w i\ t N/A 10 11 12 13 14 13 16 REQUEST FOR PRODUCTION J: Pursuant to CR 34, attach or 17 produce according to the above instructions a copy of all documents 18 identified in subparagraph (d) above. 19 RESPONSE: N/A 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 35 c 051010258 C 0 l 1r 1.39 Describe your 2 ;! the present date and state: record retention program from 1935 to 4 6 7 8 9 ij ANSWER: 10 11 ij i> 12 , li 13 !' (a) Where records are kept; (b) Location and existence of written materials concerning your program and date of adoption; (c) Description of the information contained in such records; (d) The length of time purchase, bid, shipping and/or sale records are maintained by your company (a) Principally on Solon, Ohio and Bedford, Ohio; (b) None; (c) Objection--vague, overbroad, burdensome; (d) Generally seven years, although with some variation. 14 15 16 17 ; 18 i 1.40 Did the defendant at any time assign, license or 19 'otherwise i allow any of their asbestos-containing friction products, 20 trademarks or copyrights to be used by any person, firm or corporation? 21 - 22 ANSWER: Not t^e united States. 23 I 24 ! 1 25 * 26 . ij PLAINTIFF'S FIRST INTERROGS, ETC. - 36 li It I c 05 1 010 2 eC 1! 2 the 3 4 .1 5 : 1,41 If your answer to the preceding interrogatory is in affirmative: (a) State the name of the product, trademark or copyright so assigned or licensed; (b) The time period of the assignment or license; r 8 9 ANSWER: i 10 ! (c) The nature of the assignment or license (whether exclusive or not); (d) N/A The terms and conditions of each such agreement (you may attach said material to these interrogatory answers). ii; i 12 V' 13 ' i 14 | 15 16 1.42 At the tine of such assignment or license, was there 17 ,any agreement between the parties concerning liability in the event 18 of future litigation concerning the product? 19 ANSWER: N/rA 20 ;l i |21 1 22 | 23 ! i 24 t* t 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 37. i l C 05 I 0 I 9 2 5 0 C 1 1.43 If your answer to the preceding interrogatory is in 2 the affirmative, state: 3 (a) The nature and substance of such agreement; 4 (b) The location of said agreement and/or copies* 5 ANSWER: 6 N/A 7 8 9 10 1.44 State the location of your national and Washington, 11 California and Oregon State warehouse, warehouse facilities, or 12 distribution centers for your asbestos-containing products during 13 the Relevant Times. 14 15 Solon, Ohio Portland, Oregon 16 Los Angeles, California San Francisco, California.I 17 18 19 20 21 1.45 Specify the corporate relationship between you and 22 23 local dealers and/or manufacturer's representatives of asbestos 24 products who sold products containing your corporate identification 25 or trademark during each year of the Relevant Times. 25 PLAINTIFF'S FIRST INTERROGS, ETC. - 38 I ! C 05 I 0 ! 0 28 I 1 2 ANSWER: Recently In the U.S., S. K. Wellman has employed direct sales people, it has also developed a program involving independent ' 3 listribi ors. In the past there may also have been manufacturers' atives used. 4 5 6 7 8 SECTION 2.0 9 10 2.01 Have any of the asbestos-containing products listed 11 in Interrogatory No. 1.11 been altered in chemical composition 12 since first being manufactured, sold or marketed? 13 14 None known for reasons related to health. 15 16 17 18 19 2.02 If the answer to the preceding interrogatory is in 20 the affirmative, please state: 21 (a_} The trade name of each of those products; 22 (b) The date each of the named products was altered; (c) The nature of the alteration: 23 24 {d) The reason for the alteration. 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 39 C 051010262 C 1 2 health 3 Not applicable as there were no known changes related to 4 5 6 2>03 State the name, address and job title of each person 7 who participated in the design and preparation of manufacturing 8 specifications for each product listed in Interrogatory No. 1.11. 9 10 * Ross Fnchette (previously identified) Robert Thomas, Manager-Material Development-Paper 11 3572 Darrow Road Stow, OH 44224 12 Robert Taylor, Director-Materials Development 13 1441 Century Oaks Dr. Elgin, IL 60120 14 Bruce A. Washington, Director-Facilities, Maintenance, Safety & Environment 15 3215 Cannon Drive Twinsburg, OH 44087. 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 40 0 5 I 0 I 026 ? C 1 2.04 Do any documents, including written memoranda, 2 ipecifications, recommendations, blueprints or other written 3 laterials of any kind or character relating to the design and 4 >reparation of the asbestos products listed in Interrogatory No. S ..11 now exist? 6 iNSWER: yes 7 a 9 2.05 If the answer to the preceding interrogatory is in 10 affirmative: 11 (a) List each document; 12 (b) State the name, address and job title of each 13 person who currently has possession of each document, and where the documents are presently 14 located. 15 iNSWER: (a) irrelevant objection--overly broad, vague, burdensome; (b) J. E. Mencini is designated custodian in Bedford, Ohio; 16 Ed Stanek is designated custodian in Nashville, Tennessee. 17 18 19 20 21 NTIFF'S FIRST INTERROGS, ETC 41 C 05IOI02S4 C 1 REQUEST FOR PRODUCTION K: Pursuant to CR 34, you are 2 hereby requested to produce and/or make available for inspection 3 and copying all such correspondence or other material pertaining to 4 your answer supplied in the previous interrogatory. 5 RESPONSE: Irrelevant objection--overly broad and burdensome and it 6 is further objected on the grounds that it would involve disclosure of privileged, proprietary information. 7 8 2.06 Before releasing the products listed in Interrogatory 9 No. 1.11 to the public, were any tests conducted on them to 10 determine potential health hazards involved in the use of the 11 asbestos materials contained in those products? 12 ANSWER: None. 13 14 15 16 17 18 2.07 If the answer to the preceding interrogatory is m 19 the affirmative, state: 20 (a) The names of the products tested; 21 (b-) When the products were tested; 22 (c) The name, address, and job title of each person who conducted those tests; 23 (d) The results of those tests. 24 25 26 PLAINTIFF'S FIRST INTERROGS. ETC. 42 C 051010265 c 1 2 ANSWER: See answer to 2.06 above. 3 4 3 6 7 2.08 Do any documents, including written memoranda, 8 specifications, recommendations, blueprints, or other written 9 10 materials of any kind or character relating to the testing of the 11 products identified or in Interrogatory No. 1.11 now exist? 12 ANSWER: See answer to 2.06 above. 13 14 15 16 17 2.09 If the answer to the preceding interrogatory is in 18 the affirmative, state: 19 (a) List each document; 20 (b) State the name, address and job title of each person who currently has possession of each 21 ~ document, and where it is presently located. 22 ANSWER: see answer to 2.06 above. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 43 c 0 5 I 0 I 0 2 6 6 c; 1 REQUEST FOR PRODUCTION L: Pursuant to CR 34, you are 2 hereby requested to produce according to the above instructions a 3 copy of all documents identified in your response to the preceding 4 interrogatory. 5 RESPONSE: gee answer to 2.06 above. 6 7 8 9 2.10 Did defendant or any of its subsidiary companies make 10 any design changes as a result of the tests referred to in 11 Interrogatory No. 2.06? 12 13 ANSWER: None. See answer to 2.06 above. 14 15 16 17 2.11 If the answer to the preceding interrogatory is in the affirmative, state: 18 19 (a) The trade names of the products changed; 20 (b) The nature of the changes made; 21 (cj The name, address and job title of each person responsible for having made a change. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 44 051010267 C 1i j' ANSWER: 2: n/a 3 4 5 6 2.12 After releasing the products listed in Interrogatory 7 , No. 1.11 to the public, were any tests conducted on them or were 8 any on-site inspections conducted to determine potential health 9: hazards involved in the use and/or removal of the asbestos 10 i.| 'materials contained in those products? 11 i I'ANSWER: Many tests are performed on the products to see that they 12 perform, which performance can relate to the health of the persons u-smg ]-the products. No tests were made as to dusts or quality of the product 13 during their ordinary life. As stated in answer to 2.06 above, the !products are designed and intended to function in a wet environment. 13 2.13 If the answer to the preceding interrogatory is in 16 the affirmative, state: 17 (a) The names of the products tested; 18 19 (b) The name, address, and job title of each person who conducted those tests; 20 (c) The results of those tests. 21 ANSWER: 22 N/A 23 24 i 25 ` 26 , PLAINTIFF'S FIRST INTERROGS, ETC. - 45 I f c 051010268 C 1 2.14 Do any documents, including written memoranda, 2 specifications, recommendations, blueprints or other written 3 terials of any kind or character relating to the potential health 4 zards of the products listed in Interrogatory No. 1.11 now exist? 5 fVNSWER: 6 Yes. 7 e 9 2.15 If the answer to the preceding interrogatory is in 10 the affirmative, state: 11 (a) Name each product; 12 (b) List each document; 13 (c) State the name, address and job title of each 14 person who currently has possession of each document and where it is presently located. 15 ANSWER: See response to Request for Production M. 16 17 18 19 20 21 REQUEST FOR PRODUCTION M: Pursuant to CR 34, attach or 22 produce according to the above instructions a copy of each such 23 document or test. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 46 c 051010269 C 1 RESPONSE: Existant federal and state standards available to the 2 general public currently prescribe warnings to be placed on these 3 products. Copies of warnings are attached. 4 5 2.16 Did defendant or any of its subsidiary companies make 6 any design changes as a result of those tests? 7 ANSWER: S n/a 9 10 11 12 2.17 If the answer to the preceding interrogatory is in 13 the affirmative, state: 14 (a) The names of the products changed; 15 16 17 ANSWER: (b) The name, address and job title of each person responsible for having made a change. N/A 18 19 20 21 22 23 24 25 26 PLAINTIFF * S FIRST INTERROGS, ETC. 47 c 05 I 0 I 0270 1 REQUEST FOR PRODUCTION N: Pursuant to CR 34, yOU are 2 hereby requested to produce according to the above instructions a 3 copy of all documents pertaining to design changes as identified in 4 your response to the preceding interrogatory. 5 RESPONSE: N/A 6 7 8 9 SECTION 3.0 10 11 12 3.01 Did you provide instructions and/or warnings concerning the potential health hazards of asbestos exposure to 13 plaintiff's employer Stewart-Western, Inc. or Western Brake Ind. 14 Company at any time? 15 ANSWER: 16 -------------- ,, , No. S. K. Wellman has no record of any sale of products to the listed companies. 17 18 19 20 3.02 If the answer to the preceding interrogatory is m 21 the affirmative,- state the following: 22 (a) Whether the employer was expected or requested to transfer the instructions and/or warnings to 23 its employees such as plaintiff; 24 (b) The date(s) you provided instructions and/or warnings to plaintiff's employer; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 48 u J i 'J l U L I 1 2 3 4 5 6 7 6 9 lNSWERi 10 11 (c) Who prepared the instructions and/or warnings; (d) To whom the instructions and/or warnings were addressed; (e) The manner in which the instructions and/or warnings were transmitted to plaintiff's employers (i.e., orally, printed, pamphlets, printed on carton, etc.); (f) The precise wording used in the instructions and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or warnings. N/A 12 13 14 15 16 17 18 3.03 Did you, at any time, provide instructions and/or 19 warnings concerning the potential health hazards of asbestos 20 exposure to either (a) plaintiff and/or (b) his co-workers? 21 ANSWER: No. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 49 c 05101027? C I I' i i 1 i- 2 the 3 4 3.04 If the answer to the preceding interrogatory is in affirmative, state the following: (a) The date(s) you provided instructions and/or warnings to each plaintiff and/or his co-workers 5 (b) Who prepared the instructions and/or warnings; 6 ,! (c) To whom the instructions and/or warnings were addressed; i 81 9 10 ' i 11 12 ' i. ANSWER: 13 (d) The manner in which the instructions and/or warnings were transmitted to plaintiff and/or his co-workers (i.e., orally, printed, pamphlets, printed on carton, etc.): (e) The precise wording used in the instructions - and/or warnings, or in lieu thereof, attach an authenticated copy of the instructions and/or warnings. N/A 14 !. I 15 16 > i 17 , l 18 : 19 ! J. I 21 ' 22 i 23 ' 24 25 \ 26 'PLAINTIFF*S FIRST INTERROGS, ETC. - SO l. C1 0 5 I 0 I 0 7 TC ! l| X j` 3.05 Did you provide instructions and/or warnings 2: .concerning the potential health hazards of asbestos exposure to any 3' persons at plaintiff's work place during the time period 4 /which plaintiff was employed at Stewart-Western, Inc. or 5 ,, [.Brake Ind. Company, Seattle, Washington? 6! during Western ANSWER: No> We have no record of any sales to or other involvement 7 [with plaintiff's work sites listed. i I! 10 ii ; 3.06 If the answer to the preceding interrogatory is in 'the affirmative, state the following: 12 I! 'i 13 ' (a) The date(s) you provided instructions and/or warnings to plaintiff and/or his co-workers; 15 i t i6; 17 l 18 i i 19 ' 20 21 (b) Who prepared the instructions and/or warnings; (c) To whom the instructions and/or warnings were addressed; (d) The manner in which the instructions and/or warnings were transmitted to plaintiff and/or his co-workers (i.e., orally, printed, pamphlets, printed on carton, etc.); (e) - The precise wording used in the instructions and/or warnings, or m lieu thereof, attach an authenticated copy of the instructions and/or warnings. 22 23 ' 24 ! 25 26 '.PLAINTIFF'S FIRST INTERROGS, ETC, - 51 i C 05 I 01 027'C X ANSWER: See 3.05 above. 2 3 4 5 6 7 8 3.07 Did you at any time place any kind of an instruction 9 Dr warning label on any container, shipping tag, invoice or product 10 11 d any kind which purported to warn a user of your product of the 12 iger of using asbestos? t 13 Yes. 14 15 16 17 3.08 If the answer to the preceding interrogatory is in 18 the affirmative, state: 19 (a) When the warning, notice or instruction first appeared; 20 (b) On what asbestos-containing products did the 21 - caution, warning, notice or instruction appear, and where were such warnings located on each of the products or packages; (c) For each individual product when did the warning first appear; PLAINTIFF'S FIRST 1NTERR0GS, ETC. 52  051010275 C 1I 2 3I 41 i 5 6 7 8 9 10 11 ANSWER: 12 13 14 (d) The exact wording of each such warning, notice or instruction for each individual asbestos-containing product; (e) The time period each such warning was used for each asbestos-containing product; (f) Who prepared the instructions or warnings. (g) Has the warning notice, statement or instruction ever been altered, amended or changed in any manner; if so: 1. For each product warning that was altered or amended, indicate how and when it was amended and the reason for such amendment or change, and the identity of the person responsible for such amendment or change. (a) Approximately 1972; (b) All; on the exterior of the package; (c) Approximately 1972; (d) See response to Request for Production O; (e) Approximately 1972 to present; (f) S. K. Wellman employees or vendors; (g) See response to Request for Production O. 15 16 17 18 REQUEST FOR PRODUCTION O: Pursuant to CR 34, attach or 19 produce according to the above instructions an authenticated copy 20 of each warning label or notice used on any asbestos-containing _ 21 product sold, manufactured or incorporated in any product 22 manufactured or distributed by you. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 53 ` I : i 1 C 05 I 0I 0Z76 C 1 RESPONSE: See answer to Request for Production M above. 2 3 4 5 3.09 Did you provide respirators to plaintiff, plaintlf f ' s 6 employ ers or persons at plaintiff's job sites during the t ime 7 period plaintiff was employed at Stuart-Western, Inc. or Western 8 Brake Industries, Seattle, Washington? 9 'UJSWER : See 3.05 above. 10 11 12 13 14 3.10 If the answer to the preceding interrogatory is in 15 the affirmative, state the following: 16 17 (a) The date(s) respirators were provided; 18 (b) To whom the respirators were provided; 19 (c) The type of respirators provided; 20 (d) The instructions and/or warnings provided with respirators, if any. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 54 I C 051010277 I 1 ANSWER: 2 N/A 3 4 5 6 7 8 9 3.11 Did you receive any comments or complaints concerning 10 asbestos dust and/or asbestos health hazards from any persons who 11 *ere co-employees or employed at plaintiff's place.of employment 12 during the time period plaintiff was employed at Stuart-Western, 13 Inc. or Western Brake Industries, Seattle, Washington? 14 \NSWER; 13 see answer to 3.05 above. 16 17 18 3.12 If the answer to the preceding interrogatory is in 19 the affirmative, state the following: 20 (af The name and address of the person commenting or 21 complaining; 22 (b) The precise wording of the comment and/or complaint; 23 24 (c) The date the comment and/or complaint was received by you; 25 (d) What action, if any, was taken in response to 26 the comment and/or complaint. PLAINTIFF'S FIRST INTERROGS, ETC. - 55 C 0 0 0 O5 I I Z78 il ANSWER: See answer to 3.05 above, l! 3 4 5 6 7 8 9 10 3.13 Did you receive notice of any workmen's compensation 11 claims alleging injury as a result of asbestos exposure? 12 : 13 ANSWER: Yes. See answer to 3.05 above. 14 15 16 17 18 3.14 If the answer to the preceding interrogatory is in 19 the affirmative, state the following for each year from the date of 20 your incorporation: 21 (a-) The name and address of each claimant; 22 (b) The date you received notice; 23 (c) The state in which the claim was filed; 24 25 i, 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 56 c 85(010279 1 2 3 ^SWERi n/a 4 (d) The injury alleged in the claim; (e) The outcome of the claim (i.e., settled. dismissed, etc.)* 5 6 7 8 9 10 3.15 State the total number of product liability, third 11 party cases which have been filed naming you as a party defendant, 12 in which it was alleged in any way that your asbestos-bearing 13 product caused harm. 14 ANSWER: irrelevant objection. 15 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 57 1 REQUEST FOR ADMISSION A: Over 10,000 cases described in 2 Interrogatory No. 3.17 are pending or have been filed naming you as 3 a defendant. 4 RESPONSE: _ S ------------------ Denied. 6 7 a 3.16 When were you first served with a summons and 9 complaint in which it was alleged that asbestos-related damages 10 were sustained by a third party as a result of alleged exposure to n an asbstos product manufactured, distributed or incorporated into a 12 product manufactured or distributed by you? 13 ANSWER: 1981. 14 15 16 17 18 19 20 21 22 3.17 State the court, cause number, attorney 23 identification, and ultimate resolution of such lawsuit identified 24 25 above. 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 58 c 05 I 0i 028 1 ANSWER: 2 Irrelevant objection. 3 4 5 6 3.18 For each and every year from 1930 to present, state 7 the number of such suits which were served upon you. 8 9 A---N--S--W---E--R-** See response to 3.16. Irrelevant objection. 10 11 12 13 14 3.19 Identify by name and address the person or persons 15 who act as corporate custodian of documents pertaining to the third 16 party litigation in which asbestos-related damage is alleged. 17 18 ANSWER: J. E. Mencini. 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 59 C 051010282 1 3.20 When was defendant first served with a third party 2 summons and compLaint in which it was alleged then or later that a 3 plaintiff or a plaintiff's decedent sustained mesothelioma as a 4 result of exposure to asbestos products manufactured, distributed 5 or incorporated into a product manufactured or distributed by you? 6 7 ANSWER: 1981. 8 9 10 11 12 3.21 State the court, cause number, attorney 13 14 identification and ultimate resolution of such lawsuit identified 13 above. 16 ANSWER: _ . ., .. -------------- Irrelevant objection. 17 18 19 20 21 3.22 For each and every year from 1930 until the present, 22 state the number of such suits which were served upon you. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 60 c 051010283 C 1 ANSWER; None until 1981 and as to the number of suits after 1981, irrelevant 2 objection. 3 4 5 6 7 a 3.23 When was defendant first served with a summons and 9 complaint in which it was then or later alleged that a plaintiff or 10 plaintiff's decedent sustained lung cancer as a result of exposure 11 to asbestos products manufactured, distributed or incorporated into 12 a product manufactured or distributed by you? 13 ANSWER: see response to interrogatory No. 3.16. 14 15 16 17 13 19 3.24 State the court, cause number, attorney 20 identification and ultimate resolution of such lawsuit identified 21 22 above. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 61 J ` I 1 ; 4 j ! I l lII i ( ! ' c 0 5 I 0 I 02 8 * 1 VNSWER: 2 Irrelevant objection. 3 4 S 6 7 3.25 For each and every year from 1930 to the present, 8 state the number of such suits which were served upon you. 9 ANSWER: Ncyjg until 1981, and the number of suits after 1981, irrelevant objection. 10 11 12 13 14 3.26 When was defendant first served with a summons and 13 complaint in which it was then or later alleged that a plaintiff or 16 plaintiff's decedent sustained asbestosis as a result of exposure 17 to asbestos products manufactured, distributed or incorporated into 18 products manufactured or distributed by you? 19 AN_SWER; See response to No. 3.16. 3.27 State in detail the court, cause number, attorney identification and ultimate resolution of such lawsuit identified above* PLAINTIFF'S FIRST INTERROGS, ETC 62 c 05 I 0 I 02 8eC I 51*: irrelevant objection. 3.28 For each and every year since 1930 to the present, state the number of such suits which were served upon you. 9 <; !i ANSWER: See answer to 3.16, and to years after 1981, irrelevant objection. 10 j| ii ui 12 : i 13 *! 14 r. 3.29 Do you retain records of the worker's compensation or 15 third party claims described in the foregoing interrogatories? 16 ANSWER: Yes 17 18 19 20 3.30 Identify with name and address the corporate 21 custodian of records concerning claims of workers. 22 23 24 25 1 26 "PLAINTIFF'S FIRST INTERROGS, ETC. - 63 t 05 I 0 I 028S l 1 PiNSWER: j. E. Mencini. 2 3 4 5 6 3.31 Identify all documents relating to the information 7 kept on worker's compensation claims. 8 ANSWER: Materials as provided by State of Ohio, Bureau of Workman's 9 Ecmpensation which generally includes claimant's report, on Action index as maintained by the State Bureau, any medical reports filed with the State Bureau 10 and any applications for adjustment of the claim which may be filed by any 11 party to the proceeding. None until 1981, irrelevant objection.i 1981 and as to the number of suits after 12 13 14 15 REQUEST FOR PRODUCTION P: Pursuant to CR 34, attach or 16 produce according to the above instructions a copy of all documents 17 identified in the preceding interrogatory. 18 19 RESPONSE: irrelevant objection--overly broad and burdensome. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS ETC 64 i i \ \ I I j i I C 051010287 C 1 REQUEST FOR ADMISSION B; You were aware as early as 1900 2 that one or more individuals had filed workmen's compensation 3 claims alleging injury or disease as a result of exposure to 4 asbestos while employed at one or more of your facilities. S RESPONSE; 6 Denied. 7 8 9 10 REQUEST FOR ADMISSION C; You were aware as early as 1910 11 that one or more individuals had filed workmen's compensation 12 claims alleging injury or disease as a result of exposure to 13 asbestos while employed at one or more of your facilities. 14 RESPONSE; Denied. 15 16 17 18 REQUEST FOR ADMISSION D; You were aware as early as 1920 19 that one or more individuals had filed workmen's compensation 20 claims alleging injury or disease as a result of exposure to 21 asbestos while employed at one or more of your facilities. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 65 c 051010288 \ RESPONSE: 2 l 3 Denied. 4 5i 6 : REQUEST FOR ADMISSION E: You were aware as early as 1930 7 Ii that one or more individuals had filed workmen's compensation \ 8 i claims alleging injury or disease as a result of exposure to 9 asbestos while employed at one or more of your facilities. 10 RESPONSE: Denied. 11 12 13 14 15 REQUEST FOR ADMISSION F: You 16 that one or more individuals had filed 17 claims alleging injury or disease as a 18 i. asbestos while employed at one or more 19 ' 20 I RESPONSE: Denied. were aware as early as workmen's compensation result of exposure to of your facilities. 1940 21 ! 22 r i 23 I 24 ` 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 66 I I i c 05 I 0I 028nC I REQUEST FOR ADMISSION G; You were aware as early as 1950 2 that one or more individuals had filed workmen's compensation 3 claims alleging injury or disease as a result of exposure to 4 asbestos while employed at one or more of your facilities. 5 RESPONSE; Denied. 6 7 8 9 10 REQUEST FOR ADMISSION H; You were aware as early as 1960 11 that one or more individuals had filed workmen's compensation 12 claims alleging injury or disease as a result of exposure to 13 asbestos while employed at one or more of your facilities. 14 RESPONSE: Denied. 15 16 17 18 19 REQUEST FOR ADMISSION I: You were aware as early as 1965 20 that one or more- individuals had filed workmen's compensation 21 22 claims alleging injury or disease as a result of exposure to 23 asbestos while employed at one or more of your facilities. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 67 051010290 1 RESPONSE: 2 Denied. 3 4 5 6 REQUEST FOR ADMISSION J: You were aware as early as 1970 7 that one or more individuals had filed workmen's compensation 8 claims alleging injury or disease as a result of exposure to 9 asbestos while employed at one or more of your facilities. 10 MSPONSE: 11 12 13 14 15 REQUEST FOR ADMISSION K: You were aware as early as 1975 16 17 that one or more individuals had filed workmen's compensation 18 claims alleging injury or disease as a result of exposure to 19 asbestos while employed at one or more of your facilities. 20 RESPONSE: Denied. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS. ETC. - 68 C 05I0I02,,C 1 REQUEST FOR ADMISSION L: You were aware as early as 1979 2 that one or more individuals had filed workmen's compensation 3 claims alleging injury or disease as a result of exposure to 4 asbestos while employed at one or more of your facilities. 5 RESPONSE: Admitted. 6 7 a 9 REQUEST FOR ADMISSION M: You were aware as early as 1980 10 that one or more individuals had filed workmen's compensation 11 claims alleging injury or disease as a result of exposure to 12 asbestos while employed at one or more of your facilities. 13 14 RESPONSE: See response to Request for Admission L. 15 16 17 REQUEST FOR PRODUCTION Q: Pursuant to CR 34, attach or 18 produce according to the above instructions annual summaries of 19 compensation claims analyzed by nature of claims, lost time, 20 disposition and -the like. - 21 22 RESPONSE: irrelevant objection. 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 69 t} I i j ! | i ii I i c 05I0I0Z"C 1 SECTION 4.0 2 3 4.01 Does or did defendant provide pulmonary function 4 tests on its asbestos-exposed workers? 5 6 Yes. 7 8 9 4.02 If the answer to the foregoing interrogatory is in 10 the affirmative, state: 11 (a) The nature of such program(s); 12 (b) Whether such program was optional or mandatory; 13 if mandatory, when it became so; 14 (c) The location(s) of such program(s); 15 . (d) The date of service of such program(s); 16 (e) If any of the program(s) have undergone modification, the nature and dates of such 17 modification; 18 (f) The custodian (by name, address and position) of records of such pulmonary function test 19 program(s); 20 (g) The highest level of management (by name, * address and position) who participated in the 21 decision to institute such prograra(s). 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 70 * ' ' 051010293 C 1 ! ANSWER: (a) Since 1977 S. K. Wellman, pursuant to OSHA regulations, has 2 'requested enplqyees working in areas with possible asbestos exposure to undergo i,annual pulmonary function tests; 3 ` (b) See answer to interrogatory 4.02(a); (c) S. K. Wellman's plant dispensary; 4 (d) See answer to 4.02 (a); ,! (e) None; 5 (f) Plant nurse at S. K. Wellman corporation; i (g) There are no records that exist as to information requested in 6 this interrogatory. 7 8 9 |J REQUEST FOR PRODUCTION R: Pursuant to CR 34, attach or 10 ,'jproduce according 11 ji i! pertaining in any 12 I to the way to above instructions the implementation a copy of the of the records previously lj identified pulmonary function test programs. 13 '! li RESPONSE: None available.* l 14 15 16 17 18 4.03With reference to the pulmonary function testing 19 program described in your answer to Interrogatory No. 4.02, state 20 the frequency (e^g., tests per year or per month) such tests were 21 administered to individual employees (and if frequency varies by 22 li _ 23 I l categories of employee or if testing policy was modified, indicate i* . 24 I when and where the modifications occurred and by what categories). 25 26 li PLAINTIFF'S FIRST INTERROGS, ETC. - 71 l| c 051010294 1 ANSWER: 2 See answer- to 4.02 above. 3 4 S 6 4.04 Did you ever institute a program of chest x-rays for 7 asbestos-exposed workers? 8 ANSWER: 9 Yes. 10 11 12 4.05 If the answer to the foregoing interrogatory is in 13 the affirmative, state: 14 (a) The nature of such program(s); 15 (b) Whether such program was optional or mandatory; 16 if mandatory, when it became so; 17 (c) The location(s) of such program(s); 18 (d) The date of service of such prograra(s); 19 (e) If any of the program(s) have undergone modification, the nature and dates of such 20 modification; 21 (f) The custodian (by name, address and position) of records of such x-ray test program(s); 22 (g) The highest level of management (by name, 23 address and position) who participated in the decision to institute such program(s). 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 72 0510102 I 1 ANSWER: (a) Since 1977, S. K. Wellman, pursuant to QSHA regulations has 2 requested its employees working in areas with possible asbestos exposure to undergo anterior and posterior chest x-rays; 3 (b) See answer to 4.05(a)? (c) X-rays were taken by radiologists in Cleveland, Ohio who were 4 contracted to perform these tests for S. K. Wellman? (d) See answer to 4.05(a) above; 5 (e) None; (f) Plant nurse and outside doctors; 6 (g) No such records exist as to info requested in this interrogatory. 4.06 For each and every such program identified in your 7 answer to the preceding interrogatory, describe in detail the 8 method by which the results of such testing was made available to 9 the employees* 10 ANSWER: Relevant objection. 11 12 13 14 13 16 REQUEST FOR PRODUCTION S: Pursuant to CR 34, attach or 17 produce according to the above instructions a copy of the records 18 19 of the implementation of the afore-identified chest x-ray programs. 20 21 RESPONSE : irrelevant objection. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 73 c 05I0IQ7',C I 4.07 Did defendant ever institute a safety program other 2 than pulmonary function tests and x-ray exams for its 3 asbestos-exposed workers? 4 ANSWER: S. K. Wellman has taken air sanples in its facilities since the mid-1970s. 5 Et>r a time in the 1970s and possibly early 1980s vhen materials of unkncwn identity were being subject to certain processes in its laboratory, S. K. Wellman made 6 respirators available to laboratory enployees. 7 8 9 10 11 4.08 If the answer to the foregoing interrogatories is in 12 the affirmative, state: 13 (a) The nature of such program(s); 14 (b) Whether such program was optional or mandatory; 15 if mandatory, when it became so; 16 (c) The location(s) of such program(s); 17 (d) The date of service of such program(s); 18 (e) If any of the program(s) have undergone modification, the nature and dates of such 19 modification; 20 (f) The custodian (by name, address and position) of ^ records of such x-ray test progran(s) ; 21 (g) The highest level of management (by name, 22 address and position) who participated in the 23 decision to institute such program(s). 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 74 C 051010297 1 ANSWER: (a) See 4.07 above; 2 (b) See 4.07 above; (c> Location of S. K. Wellman plants and warehouses. See answer to 3 interrogatory 1.08 and 1.12 for location information; (d) See 4.07 above; 4 (e) We try to review and update all programs; (f) J. E. Mencini; 5 (g) J. E. Mencini, Vice President of Administration, See answer to interrogatory 1.01. 6 7 REQUEST FOR PRODUCTION T: Pursuant to CR 34, attach or 8 produc according to the above instructions a copy of the records 9 af the implementation of the afore-identified chest safety program. 10 11 Irrelevant objection. 12 13 14 4.09 Did defendant ever institute a no-smoking program for 13 its asbestos-exposed workers? 16 ANSWER: 17 18 19 20 4.10 If.the answer to the preceding interrogatory is in 21 22 the affirmative, state: 23 {a) The nature of such program(s): 24 (b) Whether such program was optional or mandatory; if mandatory, when it became so; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 75 \) J 1 u 1 ^ U 1 2 2 4 5 6 7 8 9 ANSWER: 10 (c) The location(s) of such progran(s); (d) The date of service of such program(s); (e) If any of the program(s) have undergone modification, the nature and dates of such modification; (f) The custodian (by name, address and position) of records of such x-ray test program(s); (g) The highest level of management (by name, address and position) who participated in the decision to institute such program(s). See answer to 4.09 above. 11 12 13 14 15 16 17 18 4.11 Identify all records which pertain to the 19 implementation of the above-described program(s). 20 ANSWER: See answer to 4.09 above. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 76 I c C0 510 f 0 f 9 9 1I REQUEST FOR PRODUCTION U; Pursuant to CR 34, attach or produce according to the above instructions a copy of the records of the implementation of the above--identified no-smoking programs. RESPONSE; gpp answer to 4.09 above. 8 i; rii 9; i REQUEST FOR ADMISSION N: Prior to 1900, dust counts, air 10 ----------------------------------------------------sampling surveys, or other types of studies or tests were conducted at one or more of your facilities where products containing 12 asbestos were manufactured to determine the levels of dust or 13 asbestos fiber concentrations in the air. 14 15 RESPONSE: Denied. 16 17 18 19 20 REQUEST FOR ADMISSION O: Prior to 1910, dust counts, air 21 h.sampling surveys^ or other types of studies or tests were conducted l 22 S'at one or more of your facilities where products containing 23 |asbestos were manufactured to determine the levels of dust or l 24 (asbestos fiber concentrations in the air. 25 26 ' PLAINTIFF'S FIRST INTERROGS, ETC. - 77 C 051010300 1 RESPONSE: 2 Denied. 3 4 5 REQUEST FOR ADMISSION P: Prior to 1920, dust counts, air 6 sampling surveys, or other types of studies or tests were conducted 7 at one or more of your facilities where products containing 8 asbestos were manufactured to determine the levels of dust or 9 asbestos fiber concentrations in the air. 10 RESPONSE: - Denied. 11 12 13 14 IS REQUEST FOR ADMISSION Q: Prior to 1930, dust counts, air 16 sampling surveys, or other types of studies or tests were conducted 17 at one or more of your facilities where products containing 18 19 asbestos were manufactured to determine the levels of dust or 20 asbestos fiber concentrations in the air. 21 RESPONSE: Denied. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 78 C 051010301 c I REQUEST FOR ADMISSION R: Prior to 1940, dust counts, air 2 sampling surveys, or other types of studies or tests were conducted 3 at one or more of your facilities where products containing 4 asbestos were manufactured to determine the levels of dust or 3 asbestos fiber concentrations in the air. 6 RESPONSE: Denied. 7 8 9 10 11 REQUEST FOR ADMISSION S: Prior to 1950, dust counts, air 12 sampling surveys, or other types of studies or tests were conducted 13 at one or more of your facilities where products containing 14 asbestos were manufactured to determine the levels of dust or 15 asbestos fiber concentrations in the air. 16 17 RESPONSE: Denied. 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 79 I i i C os 1010302 1 REQUEST FOR ADMISSION T: Prior to 1960, dust counts, air 2 sampling surveys, or other types of studies or tests were conducted 3 at one or more of your facilities where products containing 4 asbestos were manufactured to determine the levels of dust or 5 asbestos fiber concentrations in the air. 6 RESPONSE: Denied. 7 8 9 10 11 REQUEST FOR ADMISSION U: Prior to 1970, dust counts, air 12 sampling surveys, or other types of studies or tests were conducted 13 at one or more of your facilities where products containing 14 asbestos were manufactured to determine the levels of dust or 15 asbestos fiber concentrations in the air. 16 RESPONSE: Denied. 17 18 19 20 21 REQUEST FOR ADMISSION V: Prior to 1979, dust counts, air 22 sampling surveys, or other types of studies or tests were conducted 23 at one or more of your facilities where products containing 24 asbestos were manufactured to determine the levels of dust or 25 asbestos fiber concentrations in the air. 26 PLAINTIFF'S FIRST INTERROGS, ETC. 80 I I I I c 05101030?C i; RESPONSE: Adiutted. 5' 6 4.12 Was defendant ever involved in a suit or claim by an 7 individual (or a union on behalf of an individual) instituted to 8 gain access to the medical or exposure records of defendant's 91 iemployees? 10 ii ANSWER: 11 ------------- 1 No. 12 *! 13 !' it 14 li 15 ` 4.13 If the answer to the foregoing interrogatory is in 16 17 the affirmative, state: is i: 19 ij 20 '< (a) When such a suit occurred; (b) The attorneys involved in representing each party, together with the cause number and court where filed; (o4 The individual and/or union involved; 21 22 |> Ii 23 : I 24 !: (d) The nature of the medical records in question; (e) Identify the custodian (by name, address and position) of records relating to the above subject. 25 r* 26 1 PLAINTIFF'S FIRST INTERROGS. ETC. - 81 ,1 C C051010304. i \t ANSWER: See answer to 4.12 above. 2 3 4 5 'l 6 ,! !j 7' I 8 ' ii 9 , 10 produce 11 REQUEST FOR according to PRODUCTION V: Pursuant to CR the above instructions a copy 34, attach or of all records relating to the above subject. 12 RESPONSE: See answer to 4.12 above. 13 14 15 16 17 . 4.14 Does defendant now, or have you in the past, ever IS 19 ;contributed money or other support toward the research of the 20 [.biological effects of asbestos? 21 !' ANSWER: 3 No. 22 23 24 'i 25 26 _ 'PLAINTIFF'S FIRST INTERROGS, ETC. - 82  05 I 0 I 0305 C 1 4.15 If the answer to the preceding interrogatory is m 2 the affirmative, state: 3 (a) the date(s) of such contribution; 4 (b) The substance, either monetary amount or other, 5 of such contribution; 6 (c) The type of project or projects contributed to; 7 (d) The recipient of such contribution by name; address and affiliation for study; 8 (e) Identify by name, address and title the person 9 or persons in highest responsibility post for such a decision to contribute toward such 10 research; 11 (f) Identify all documents which pertain to the decision to contribute to such research; 12 (g) Identify the name and address of the custodian 13 of all documents relating to such research. 14 ANSWER: See answer to 4.14 above. 15 16 17 18 19 20 21 REQUEST FOR PRODUCTION W: Pursuant to CR 34, attach or 22 produce according to the above instructions all documents relating 23 to the research identified in response to Interrogatory No. 4.14. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC 83 c 051010306 C 1 RESPONSE: See answer to 4.14 above. 3 4 5 6 REQUEST FOR ADMISSION X: You conducted or caused to be 7 conducted no tests before 1900 on your products containing asbestos a I'- i, to determine whether asbestos or asbestos particles might be .harmful to human beings if inhaled. 10 - RESPONSE: 11 Admitted. 12 13 14 15 REQUEST FOR ADMISSION Y: You conducted or caused to be 16 `conducted no tests before 1910 on your products containing asbestos 17 to determine whether asbestos or asbestos particles might be 18 , ti harmful to human beings if inhaled. 19 1 ; RESPONSE: aanittea. 20 21 il 22 :i u 23 ` 24 I* It< 25 > PLAINTIFF'S FIRST INTERROGS, ETC. - 84 |i c 051010307 l` 11 I' REQUEST FOR ADMISSION 2: You conducted or caused to be 2 :conducted no tests before 1920 on your products containing asbestos 3 .to determine whether asbestos or asbestos particles might be 4 harmful to human beings if inhaled. 5 RESPONSE: Admitted. 6 7 8 10 I: 11 REQUEST FOR ADMISSION AA: You conducted or caused to be^ 'conducted no tests before 1930 on your products containing asbestos 12 : to determine whether asbestos or asbestos 13 I harmful to human beings if inhaled. 14 particles might be RESPONSE: Admitted. 15 16 17 is : 19 20 REQUEST FOR ADMISSION BB: You conducted or caused to be jj conducted no tests before 1940 on your products containing asbestos 21 5 0 I; to determine whether asbestos or asbestos particles might be 22 I harmful to human beings if inhaled. 24 I- 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 85  051010308 C 1 ' ! RESPONSE: Admitted. 3 4 s!: 6 REQUEST FOR ADMISSION CC? You conducted or caused to be 7 conducted no tests before 1950 on your products containing asbestos 8 to determine whether asbestos or asbestos particles might be 9 |harmful to human beings if inhaled. 1 j il RESPONSE - 11 ii Admitted. i! 12 I! 13 ! 14 15 16 I REQUEST FOR ADMISSION DP; You conducted or caused to be Jconducted no tests before 1960 on your products containing asbestos 17 i ito determine whether asbestos or asbestos particles might be 18 (harmful to human beings if inhaled. 19 r Ii! RESPONSE: Admitted. 20 ll|i 21 22 23 i 24 !.rI 25 1 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 86 I c 05101 0309 1 REQUEST FOR ADMISSION EE: You conducted or caused to be 2 conducted no tests before 1970 on your products containing asbestos 3 to determine whether asbestos or asbestos particles might be 4 harmful to human beings if inhaled. 5! [.RESPONSE! ll Admitted. 7 8 10 4.16 State in detail when you first became aware of the 11 'existence of articles on the sub3ect of the relationship between 12 asbestos exposure and 13 14 '1 15 (a) asbestosis; (b) lung cancer; 16 ' (c) mesothelioma; ' 17 (d) forms of cancer other than lung cancer. 18 ANSWER: s. k. Wellman is aware of such articles, but cannot identify when knowledge of such articles first came to the attention of its employees. 19 1- t 20 11' \ 1' 21 1. 1! 22 i . 23 4.17 For each disease mentioned in subparts a through d 24 [ the preceding interrogatory, state in what manner you gained 25 ' awareness of each 26 PLAINTIFF'S FIRST 1NTERR0GS, ETC. - 87 l t C 85 I 01 83 I 0 C 1 ANSWER: General medical literature and government publications. Such articles 2 were available to the general public and obtained by S. K. Wellman in that manner or forwarded to us by various state and federal agencies. 3 4 5 6 7 4.18 Identify all documents which pertain in any way to 8 /our answer to the preceding interrogatory. 9 I^NSWER: See answer to 4.16 and 4.17 above. All such documents are available 10 to the general public, including state and federal regulations and publications. 11 12 13 14 15 REQUEST FOR PRODUCTION X: Pursuant to CR 34, attach or 16 produce according to the above instructions a copy of all documents 17 identified in response to the preceding interrogatory. 18 RESPONSE: See answer to 4.18 above. 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 88 I c 05 I 0 I 03 I I C 1 REQUEST FOR ADMISSION FF: You were aware as early as 1900 z of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 (a) asbestosis; 5 (b) lung cancer; 6 (c) mesothelioma; 7 (d) forms of cancer other than lung cancer. 8 ;i RESPONSE: 9 Denied. 10 11 i!1 12 > ij 13 i :;of 14 REQUEST FOR research, studies ADMISSION GG: You were aware as early as 1910 and/or articles indicating a causal connection between asbestos exposure and 15 (a) asbestosis; 16 17 (b) lung cancer; (c) mesothelioma; 18 19 (d) forms of cancer other than lung cancer. 20 RESPONSE s Denied. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 89 c 05 I 0 I 03 I 2 C i 1' REQUEST FOR ADMISSION HH: You were aware as early as 1920 2 of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 (a) asbestos is; 5 ! (b) lung cancer; 6 (c) mesothelioma; 7 (d) forms of cancer other than lung cancer. 8 'I RESPONSE: Denied. 10 , 'i 11 'i 12 13 of research. studies and/or articles indicating a causal connection 14 'between asbestos exposure and 15 1 16 % (a) asbestosis; i 17 (b) lung cancer; 1 18 i 19 (c) mesothelioma; i (d) forms of cancer other than lung cancer. 1 RESPONSE: 20 -i l! 21 !'l i! 22 I1 Denied. - 23 24 1 25 26 : PLAINTIFF'S FIRST INTERROGS, ETC. - 90 0 5 I 0 I 0 3 I 3 f. 1 REQUEST FOR ADMISSION JJ: You were aware as early as 1940 2 of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 (a) asbestosis; S (b) lung cancer; 6 (c) mesothelioma; 7 (d) forms of cancer other than lung cancer. 8 RESPONSE; Denied. 9 10 11 12 REQUEST FOR ADMISSION KK; You were aware as early as 1950 13 of research, studies and/or articles indicating a causal connection 14 between asbestos exposure and 15 (a) asbestosis; 16 (b) lung cancer; 17 (c) mesothelioma; 18 (d) forms of cancer other than lung cancer. 19 RESPONSE: 20 Denied. 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 91 I 0 S I 0 I 0 3 I . 1 REQUEST FOR ADMISSION LL: You were aware as early as 1960 2 of research, studies and/or articles indicating a causal connection 3 between asbestos exposure and 4 * (a) asbestos is; 5 6 ii IllI 7i 1 a' 'l RESPONSE : (b) lung cancer; (c) mesothelioma; (d) forms of cancer other than lung cancer. Denied. 10 11 12 REQUEST FOR ADMISSION MM; You were aware as early as 1970 13 . of research, studies and/or articles indicating a causal connection 14 between asbestos exposure and 15 (a) asbestosis; 16 17 (b) lung cancer; 18 (c) mesothelioma; 19 (d) forms of cancer other than lung cancer. 20 RESPONSE: Admitted as to (a) and (c). We are unclear as to what you are j; referencing in Cb) and (d) and therefore deny the same. 21 22 ; i 23 . 24 ' 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 92 i C 05 I 0 I 03 I 5 l 1 REQUEST FOR ADMISSION NN: You were aware as early as 1975 2 of research, studies and/or articles indicating a causal connection 3' between asbestos exposure and 4 (a) asbestosis; 5' 6j; (b) lung cancer; I* (c) mesothelioma; 7I il ft (d) forms of cancer other than lung cancer. 81 Admitted as to (a) and (c). We are unclear as to what you are 9 referencing in (b) and (d) and therefore deny the same. 10 11 12 4.19 Have you ever lobbied for or participated in the 13 lobbying for, or in the creation of, governmental/legislative 14 remedies for abestos-related lung diseases? 15 ANSWER: 16 No. 17 18 19 : r 20 -. 4.20 If_your answer to the preceding interrogatory is in 21 22 iit r the affirmative, state in detail: 23 i' (a) The form such lobbying took; 24 (b) All person(s) acting on behalf of defendant; 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 93 ! \ C 051010316 1 2 3 ANSWER: 4 (c) The amount of monies spent on the above lobbying; (d) The intended and actual results of such lobbying. See 4.19 above. 5 6 7 8 9 4.21 Were you involved in any stage of the preparation of 10 the bill H.R. 2740 introduced by Millicent Fenwick, Republican-New 11 Jersey, in the House of Representatives? 12 ANSWER: No. 13 14 15 16 17 4.22 If your answer to the preceding interrogatory is in 18 the affirmative, identify: 19 (a) the manner in which defendant was involved; 20 (b) The person(s) so involved; 21 (c) The time spent in contribution to the creation 22 of the Fenwick bill; 23 {d) All documents generated by your involvement in the preparation of H.R. 2740. 24 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. 94 05!0 I 03 I 7 1I 2 See 4.21 above. 3 4 7I 8 REQUEST FOR PRODUCTION Y: Pursuant to OR 34, attach or y if Iiproduce according to the above instructions a copy of all document; 10 ' ` ^identified in subpart (d) of your answer to the preceding ^interrogatory. 12 i RESPONSE: 13 r 14 i1 See 4.21 above. 15 16 4.23 Was defendant involved in any aspect or stage of 17 preparation of the Senate bill, S. 2847, introduced by Senator 18 i 19 'Hart, Democrat-Colorado, to the Senate of the United States? 20 ANSWER: No. 21 22 ! 23 I 24 25 26 {PLAINTIFF'S FIRST INTERROGS, ETC. - 95 t c 051010318 C 1* 4.24 If your answer to the preceding interrogatory is in 2 the affirmative, identify and describe in detail: 3 (a) The 4 4 (b) The 5 (c) The 6! 1\ the 7 ' ANSWER: !l I* 8r See 4.23 above. 10 11 12 13 4.25 With respect to liability insurance, identify each i 14 Ijand every insurance policy actually, potentially or arguably 15 effective for each year after the founding of defendant. 16 ANSWER: pj-cn 1975 through the most recent period relevant to this action. 17 ' S. X. Wellman's primary insurance coverage was with Fixenan's Fund Insurance I Ccnpany with annual policy limits of $300,000.00 (1975) and $500,000.00 (1976 13 F forward). Excess coverage has been, at various tomes, with Fireman's Fund !j Insuranoe Cernpany and other carriers. 19 \ 20 '[ ! - 1! 22 E 23 : 24 ' 25 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 96 Ii c 05 I 0 I 03 I 9 C 1 1 4.26 For each insurance policy identified in your answer 2i ;to the above interrogatory, state: 3 (a) The name of the insurance company; 4 (b) The policy number of each; 5' - I. (c) The name and address of the agent who sold the 6il insurance policy; 7 i; Is 8 9 10 (d) The dollar limits of coverage and scope of coverage for liability of each such insurance policy and the deductibles of each such insurance policy; (e) Effective date and expiration date of each such insurance policy; 11 (f) The name insured; 12 13 14 ;> 15 I 16 ' 1 17 18 it 19 :i l: 20 " *: (g) The name, address and title of the employee of the insurance company and/or agent who has supervisory responsibility for plaintiff's claims in this litigation; (h) Dollar limits of coverage for any medical payment personal injury protecting benefits which are the same as available to the plaintiff and under what condition; (i) The name of the attorney defending this litigation who represents each such carrier, identifying each; (3} Subsequent to the issuance of each policy or policies identified in the preceding interrogatory, was the original policy amended, - changed or otherwise modified; a 22 23; 24 ' 25 (k) If so, for each modification, for each such policy, identify: 1. The substance of the modification; 2. The date it became effective. 26 ` PLAINTIFF'S FIRST INTERROGS, ETC. - 97 I I C 051010320 c I 1" i ANSWER: Except as set forth in response to No. 4.25, irrelevant objection-- burdensere. 3 4 5 6 7 8 9 r li 10 " 4.27 Has a claim or suit involving policy limits, reserved Ui |! rights or disputed coverage been initiated against any of the 12 'I tl> insurance companies identified in your answer to the preceding 13 !i l| interrogatory? 14 ANSWER: 15 No. 16 17 18 19 4.28 If your answer to the preceding interrogatory is in the affirmative, state: 20 (al The insurance company(ies) against whom the 21 claim or lawsuit has been initiated; 22 (b) The date upon which it was initiated; 23 v 24 j; 25 26 I PLAINTIFF'S FIRST INTERROGS, ETC. - 98  0 5 I 0 I 0 321 C 11' ! 2 ! 11* 31 4 5 i- 6 ANSWER: 7 8 9; 101 (c) The contentions therein; (d) to the litigation, attorneys representing the parties in the litigation, and any other identifying information, including but not limited to the disposition of such litigation, claim or contention. See 4.27 above. 11 i ri 12 13 ' REQUEST FOR PRODUCTIONS: Pursuant to CR 34, attach or 14 produce according to the above instructions a copy of all documents 15 which pertain in any way to your answers to the preceding insurance 16 interrogatories. 17 RESPONSE: ^ 4.27 above_ 18 19 20 21 4.29 Identify any other disputed matters with respect to 22 {any other insurance policies, including but not limited to: 23 !! (a) The name of the insurance company; 24 11, 1 {b) The policy number; 25 1 26 1 PLAINTIFF'S FIRST INTERROGS, ETC. - 99 t 1 c 051010322 c 1 2 3I 4 . 5 II II 6 jjANSWER: 7 (c) The contentions of the respective parties; (d) The identity of the attorneys with relation to each contention; (e) The dates of each such contention, when initiated, and if relevant, when resolved; (f) The substance of the resolution. irrelevant objection--vague,overly broad and burdensome. 8 ;i 9' ( 10 r n 12 L 13 > I 14 15 16 17 18 19 20 21 22 , I 23 j 24 ' 25 ' 26 PLAINTIFF'S FIRST INTERROGS, ETC. - 100 c C051010323 Questions 4.30 to 4.37 have been emitted. PLAINTIFF'S FIRST INTERROGS, ETC. - 100A 05 I 0 I 032 t 1 ANSWER: 2 N/A 3 4 5 6 4.38 Do you have or have you had liability coverage other 7 than that previously identified, such as umbrella or excess 8 Liability policies or secondary policies or self-insurance reserve 9 sools? 10 ANSWER: 11 See answer bo interrogatory No. 4.25 above. 12 13 14 15 16 17 18 4.39 If your answer to the preceding interrogatory is in 19 the affirmative, state for each: 20 (a) The name of the insurance company; 21 (bj The policy number and other identification; 22 (c) The name, address, telephone number, 30b title, or capacity of the agent who sold the insurance; 23 (d) The dollar limits of coverage and scope of coverage for liability; 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 101 05101032' C 1 3 4 i 5 6 7 ui onLi^i 8 9 10 ! 11 (e) Effective date and expiration; (f) Dollar limits of coverage and scope of coverage for any medical or personal injury protection or benefits, and whether same is available to plaintiffs and under what conditions; (g) The name, address, and title of the employee who has supervisory responsibility for the disposition of plaintiff's claims. See answer to 4.25 above. 13 14 REQUEST FOR PRODUCTION AA: Pursuant to CR 34, attach or 15 produce, according to the above instructions, a copy of all 16 iocuments which pertain in any way to your answer to the foregoing 17 interrogatory. 18 RESPONSE: 19 N/A 20 21 22 4.40 Identify all trade publications that have been 23 subscribed to by your employers or agents, including all such 24 publications for which you have paid employee subscription. 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 102  051010326 c I 1; 'ANSWER: Presently, Mencini believes the list of publications would 2 <include those shown on Exhibits 4.40 and 4.41 attached. 3' i 4 6 ,i II 7 4.41 Identify all manufacturers' 8 !' association publications your company has 9? and/or chemists' subscribed to or received i.from 1920 to the present. 10 i ANSWER: Prior to 1971 none, and for any publications after 1981, J. e. 11 Mencini is attempting to collect this information and we will supplement !* this information as soon as it is received. For information available 12 " to date, please refer to Exhibits 4.40 and 4.41 attached. . 13 14 15 16 4.42 Identify all medical journals or other such 17 publications that your company has subscribed to or received from 18 1920 to the present.ANSWER: 19 I, 20 See answer to 4.41 above. 21 22 r r 23 !` i 24 : 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 103 c uD f uI 0327 C. EXHIBITS ^ 4 4.40 4.41 The following listing indicates typical publications which have been received by the company. This is not and does not purport to be, an exhaustive list. Finance: Wall Street Journal Dun's Review Forbes Manufacturing: Iron Age Industry Week Production Robotics Research and Development: Quality Assurance: Metal's Review Automotive Engineering Chilton's Automotive News Chemical Week Plastics Quality Engineering: Machine Design Design News Sales: Commercial Car Journal Brake and Front End Heavy Equipment Maintenance Warehouse Distributing Materials Handling General: Business Week National Defense Publications from the following organizations are known to have been received at the S. K. Wellman Corp. at various times during the period in question. This is not, and does not purport to be, a complete listing: American Chemical Society Plastics Society Society of Automotive Engineers American .Society of Quality Control American Society for Metals National Defense Preparedness Association American Management Association Friction Material Standards Institute American Powder Metal Institute American Society for Testing Materials EXHIBITS 4.40 & 4.41 c 05 I 01 8328 1 ANSWER: j. e. Mencini is currently attainting to collect this information 2 and we will supplement this information as soon as it is received. 3 4 5 6 7 4.41 Identify all manufacturers' and/or chemists' 8 association publications your company has subscribed to or received 9 from 1920 to the present. 10 RNSWER: . Prior to 1971 none, and for any publications after 1981, J. E. 11 Mencini is attainting to collect this information and we will supplement this information as soon as it is received. 12 13 14 15 16 17 4.42 Identify all medical journals or other such publications that your company has subscribed to or received from 18 19 1920 to the present.ANSWER: 20 See answer to 4.41 above 21 22 23 24 25 26 PLAINTIFF'S F* IRST INTERROGS., ETC. 103 05101032? C 1 4.43 Identify all organizations connected with the 2 asbestos products industry which your company has belonged to, 3 participated in and/or financially supported from 1920 to the 4 present. 5 j ANSWER: ^one. s. K. Wellman is a member of the Friction Materials Standards 6 i Institute ard has been since approximately 1971 to the present. l! 7 8 d i! io . *i u !; 4i 12;; 4.44 Did your company or any of your employees, agents, personnel, directors, or officers ever belong to, participate in, 13 ' or financially support the Asbestos Textile Institute? 14 . ANSWER: ^ 15 16 17 i* 18 ; 19 t J I 20 ; 21 | 4.45 If ...the answer to the preceding interrogatory is in 22 j, the affirmative, state: I; 23 j: ii 24 til (a) The date{s) of such membership, or financial support; 25 . participation, 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 104 C051010330 I 3 4 5 6 7 8 I i| 9: ii 10 .'ANSWER: !, *!! i* 12 It 13 ! (b) The nature of your company's relationship with the Asbestos Textile Institute; (c) The name(s), address(es), and nature of duties of the person(s) in your company with any responsibilities regarding the Asbestos Textile Institute; (d) In what committee(s) of the Asbestos Textile Institute your company or persons in your company participate; .(e) Whether any documents pertaining to such membership, participation, or financial support exist, and, if so, identify the custodian of such documents. See 4.44 above. 14 15 16 17 18 19 20 21 4.46 State whether any safety precautions are or were 22 needed by workers handling any asbestos product. 23 24 25 1(I) 26 PLAINTIFF'S FIRST INTERROGS.. ETC. - 105 C05 l 0 I 033 ' i 1 ANSWER: 2 Because of the form of question we are at a loss as to how to answer, rterefore unknown. 3 4 5 6 7 4.47 If safety precautions are or were needed, as to each 8 sbestos product, state the following: 9 (a) What safety precautions are or were needed; 10 . (b) Why these precautions are or were needed; 11 (c) What safety precautions are or were recommended 12 to workers or others by you; 13 (d) State the date(s) such recommendations were made; 14 15 16 17 18 ANSWER: 19 (e) (f) (g) State the manner in which such recommendations were made, whether oral or written; Identify the person(s) in your company making such recommendations; If in writing, identify the custodian or possessor of such recommendations. See answer to 4.46 above. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 106 , I J ; , i , j s I ! II t I i i i 051015332 $ 1 2 4.48 Identify all persons in your company who are 3 delegated to attend asbestos or asbestos product safety hearings or 4 >'meetings, or be familiar with asbestos or asbestos product safety, 5 li lANSWER; J. E. Mancini and C. K. Yeager. 6 7 a l! 9 :i 10 ii 12 ji 13 4.49 Has any buyer or user of any asbestos product 'manufactured or distributed by you ever been given instructions by 14 i. anyone to discontinue using such asbestos product? 15 ANSWER i 16 Unknown. 17 18 H 19 I. 20 21 ! 22 23 j i 24 l I 25 26 i PLAINTIFF'S FIRST INTERROGS., ETC. - 107 l> 051 010333 itii* 1' 4.50 If the answer to the preceding interrogatory is in 2 the affirmative:- 3 (a) Identify the date of such instructions; 4 (b) Identify the buyer or user; 5i (c) State the reason(s) for such instructions being 6 given; 7 (d) Identify the person(s) giving such instructions to the buyer or user; a (e) If written, identify the custodian of such instructions. 10 11 ANSWER: i 11 See 4.49 above. 12 i 13 ' l 14 15 16 1 4.51 Have you ever engaged in any joint venture or 17 cooperative arrangement with any company, corporation, or other 18 !business entity concerning the manufacture or distribution of i 19 .asbestos or any asbestos product, including, but not limited to, 20 .any technical assistance arrangement, any research regarding 21 I,asbestos or asbestos products or any marketing arrangement? 22 23 24 25 26 . PLAINTIFF'S FIRST INTERROGS., ETC. - 108 I 1 U 0 I U 1 'J 0 0 1 I iWSWtRs 2, NO. 31 4 s! 6 7 4.52 If your answer to the preceding interrogatory is in 8 9 : affirmative, state: (a) The date(s) of any such joint venture or 10 cooperative arrangement; 11 (b) With what business entity you engaged in any such joint venture or cooperative arrangement; 12 13 (c) Describe in detail the nature of any such joint ' venture or cooperative arrangement; 14 (d) Whether any documents exist regarding any such 15 joint venture or cooperative arrangement, and, if so, state: 16 1. The date(s) of any such documents; 17 2. The custodian or possessor of any such 13 documents. 19 See 4.51 above. 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 109 I I  05101^3 1 4.53 When did you first learn m any manner or from any 2 source that asbestos or asbestos products are hazardous or 3 dangerous to the health of persons? 4 AM5WER: 5 See response to interrogatory Nos. 4.16 and 4.17. 6 7 8 9 4.54 From whom did you learn the information referred to 10 in the answer to the preceding interrogatory? 11 ANSWER: 12 See response to interrogatory No. 4.17. 13 14 15 16 17 18 19 4.55 State what documents reflect the information given m 20 answer to the two preceding interrogatories, their date, and the 21 present custodian of said records. 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 110 C c051010336 1 2 AN5WEK! See response to interrogatory 4.18. 3 4 5 6 7 SECTION 5.0 8 5.01 Do you contend that any other party defendants in J 9 10 this litigation caused or contributed to the damage or damages 11 sustained by plaintiff or plaintiff's decedent?ANSWER; From discovery and proof to date, it is clear that S. K. Wellman did not 12 contribute to plaintiff's damage or damages, if any. S. K. Kfellman's further 13 contentions in this regard are set forth in the S. K. Wellman's Answer on file herein 14 15 16 17 5.02 If your answer to the preceding interrogatory is m 18 the affirmative; 19 (a)- Identify each such party; 20 (b) State the manner and means of such contribution; 21 (cV Indicate the quantification thereof m percentage terms? 22 (d) Identify each document which supports such a 23 contention, including the custodian thereof; 24 (e) Identify each person(s) who has/have knowledge concerning such contribution by name, address, 25 phone number, and relationship to defendant. 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 111 051010337 ^ I 1 2 ANSWER; investigation continuing. Based on current status of medical discovery, 3 it does not appear that plaintiff has any injury. Those medical records are in the possession of plaintiff as well as defendants. 4 5 6 7 a REQUEST FOR PRODUCTION NO. AA; Pursuant to CR 34, attach 9 or produce, according to the above instructions, a copy of all 10 documents identified in your answer to the foregoing interrogatory, 11 RESPONSE: 12 see response to No. 5.01 and 5.02 above. 13 14 15 16 5.03 Do you contend that any person, business, or entity 17 not a party to this litigation contributed to the damage or damages 18 to plaintiff? 19 ANSWER: See answer to interrogatories 5.01 and 5.02 above. 20 I 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 112 c 051010338 I I n 1 '' 5.04 If your answer to the preceding interrogatory is in f the affirmative: ; (a) Identify each such party; 6 7 a 9; 10 n ANSWER: ii 12 3 (b) State the manner and means of such contribution; (c) Indicate the quantification thereof in percentage terms; (d) Identify each document which supports such a contention, including the custodian thereof; (e) Identify each person(s) who has/have knowledge concerning such contribution by name, address, phone number, and relationship to defendant. See 5.01 and 5.02 above. 13 14 15 l I i 16 I 17 18 1 i! REQUEST FOR PRODUCTION NO. CC: Pursuant to CR 34, attach 19 I or produce, according to the above instructions, a copy of all 20 documents identified in the preceding interrogatory. 21 RESPONSE: See 5.01 and 5.02 above. 22 23 i I* ii 24 j* iI 5.05 Do you contend that the plaintiff contributed to his 25 !. own harm? 26 . PLAINTIFF'S FIRST INTERROGS., ETC. - 113 I  Q510I0339 i 1 ANSWER: 2 Yes, if any. 3 4 S 6 7 5.06 If your answer to the preceding interrogatory is in 8 the affirmatives 9 (a) Specifically indicate the nature of the conduct; 10 . (b) Identify each document which in any way bears 11 upon this issue; 12 (c) Identify any eye-witness or other person who has information of any kind concerning such 13 contention. 14 ANSWER; 15 c^e 5,01 and 5.02 above. 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 114 > 1 I s c 0510103* 1 5.07 Do you contend that plaintiff voluntarily and/or 2 knowingly assumed the risk of an asbestos-related injury? 31 i ANSWER: yes, if any asbestos related in]ury does, in fact, exist. 6 7 8 9 5.08 If your answer to the preceding interrogatory is in 10 `the affirmative: 11 12 (a) Specifically indicate the nature of the conduct; 13 (b) Identify each document which in any way bears 14 upon this issue; 15 16 17 ANSWER: IS !' 19 (c) Identify any eye-witness or other person who has information of any kind concerning such contention. Investigation continuing. 20 : 21 22 23 24 i 25 r. 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 115 lr t  c ' C05101034 |- I 11 5.09 Do you contend that the plaintiff's asbestos-related injuries were caused or contributed to, in whole or in part, by improper and/or negligent actions of any of the respective .plaintiff's fellow servants? : ANSWER? 6 i> Yes, if any such injury exists. i 8 9. jt li 10 u hri 12 5.10 If your answer to the preceding interrogatory is in the affirmative: 13 14 ' ? 15 16 17 18 ; i; 19 !, ii ANSWER: 20 ii (a) Specifically indicate the nature of the conduct; (b) Identify each document which in any way bears upon this issue; (c) Specifically identify any eye-witness or other person who has information of any kind concerning such contention. Investigation continuing. 21 22 23 24 i: i 25 I 26 'PLAINTIFF'S FIRST INTERROGS., ETC. - 116 c 0510103*2 C 1' I 5.11 Do you contend that the plaintiff failed 2 reasonable precautions for his own safety or otherwise 3 mitigate or minimize his damages? 4 (ANSWERj Yes, if in fact plaintiff has any damage or injury. 5 to use failed to 6U li 7 i; l 81 1i 5.12 If your answer to the preceding interrogatory is m ithe 10 11 12 affirmative: (a) (b) 13 (c) 14 Specifically indicate the nature of the conduct; Identify each document which in any way bears upon this issue: Specifically identify any eye-witness or other person who has information of any kind concerning such contention. 15 ANSWER: 16 Investigation is continuing. 17 18 i 19 ' l 20 I. 21\ "i 23 I iproduct? 5.13 Do you contend that the plaintiff misused your 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 117 c 0510103*3 1 I' ANSWER; 2 -- No. Sw.# K'. Wellman contends and we----------------- believe that t--h--e ev--ide--nce es--tablishes that plaintiff never used any asbestos-containing product of S. K. Wellman 3 4 5.14 If your answer to the preceding interrogatory is m 5 the affirmative: 6 (a) Specifically indicate the nature of the conduct; 7 (b) Identify each document which in any way bears 8 upon this issue; 9 10 'Ii 11 'ANSWER: 12 (c) Specifically identify any eye-witness or other person who has information of any kind concerning such contention. See 5.13 above. 13 14 15 16 17 18 19 5.15 Do you contend that the plaintiff or any other person 20 materially altered your asbestos-containing products prior to their 21 use by the plaintiff? 22 . ANSWER: 23 H unknown as to "any other person", and as to plaintiff see 5.13 above. 24 I 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 118 t! c 0D I U I 8314 1 I 5.16 If your answer to the preceding interrogatory is in 2 :the affirmative: 3 (a) Specifically indicate the nature of the conduct 4 I (b) Identify each document which in any way bears 5 '* upon this issue; 6 (c) Specifically identify any eye-witness or other person who has information of any kind 7 concerning such contention. 8 ' ANSWER: ) 9' I1 10 ' 'I U. I 12 I 'I 13 1 5.15 above. 34 15 16 5.17 Do you contend that the damages sustained by the 17 Iplaintiff was caused by third parties not named as parties in this 18 action? 19 ANSWER: 20 See response to 5.01 and 5.03 above. 21 22 23 !' i> 24 ' 25 26 ; 'PLAINTIFF'S FIRST INTERROGS., ETC 119 C 051010345 I i { ii If Ii 1 5.18 If your answer to the preceding interrogatory is in 2 .the affirmative: 3 (a) Specifically indicate the nature of the conduct; 4 ' (b) Identify each document which in any way bears 5 upon this issue; 6 (c) Specifically identify any eye-witness or other person who has information of any hind 7 concerning such contention. 8 , ANSWER: 9 ; i See response to 5.01 and 5.03 above. ii i 12 l*I 13 .14 5.19 Do you contend that plaintiff or any named defendant 15 voluntarily and/or knowingly assumed the risk of an 16 asbestos-related injury? i 17 ^ANSWER: ^ to plaintiff, see response to 5.07 above and unkncwn as to any 18 naned defendant. i 19 ! i 20 5.20 If your answer to the preceding interrogatory is in 21 the affirmative: 22 ' 23 ) 24 ; (a) Identify who you contend voluntarily and/or knowingly assumed the risk of an asbestos-related injury; (b) Indicate the exact reason(s) why you believe he/they assumed such risk. 25 26 l PLAINTIFF`S i l i FIRST INTERROGS ETC. 120  8510103*6 c 1 2 'WJ^WER: See response to 5.19 above. 3 4 5 f> 6 7 5.21 Do you contend that this court lacks jurisdiction S over you on the grounds that there is an insufficiency of process 9 10 or an insufficiency of service of process? 11 ANSWER: 12 i. 13 14 15 5.22 If your answer to the preceding interrogatory is in 16 the affirmative, indicate the exact reason(s) why you believe that 17 process has been insufficient and/or why the service of process was 18 !insufficient. ! I- 19 j ANSWER: See response to 5.21 above. 20 I h 1. 21 * 22 l` Ii 23 24 25 26 I ( PLAINTIFF'S FIRST INTERROGS., ETC. - 121 05101 P"' lI II 1 5.23 Do you contend that the plaintiff failed to commence 2 the action herein within the time required by the applicable 5 statute of limitations? 4 ANSWER: Yes. 5 7i i' 8; 5.24 If your answer to the preceding interrogatory is in the affirmative, state in detail each and every fact you rely on in ^ raising that defense, and state exactly which statute of limitations you are relying upon for that defense and the date of 13 commencement of the statute of limitations. AMSWER* 14 ---- * See Motion for Judgment of Dismissal, Supplemental Memorandum of ' Authorities and affidavits filed by S. K. Wellman in this litigation, copies of 15 ! which have been previously provided to this counsel. 16 17 18 19 I 20 i i 21 , 5.25 Do you contend that the plaintiff's claim against you 22 , is barred by any doctrine of laches and/or waiver and/or estoppel? ) 23 5 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 122 c o 5 I 0 rC; 8 11 (ANSWER: yes. See documents referred to in interrogatory 5.24 above. 5.26 If your answer to the preceding interrogatory is in the affirmative, for each such plaintiff specify the facts, circumstances, documents, or other evidence upon which you rely for a; .that defense. i|ANSWER: See response to No. 5.24. 10 ij 11 | I! 12 ! ii 13 f 14 ` 5.27 Do you contend that the claim of plaintiff has been barred by state and/or federal industrial insurance and/or worker's 15 'compensation laws? 16 17 ANSWER: NO. 18 19 20 5.28 If-your answer to the preceding interrogatory is in 21 the affirmative, specify the applicable state and/or federal 22 i1 i 23 industrial insurance law and/or worker's compensation law upon 24 l'which ii you rely, and specify the facts, circumstances, documents, or 25 other evidence upon which you rely for this defense. *. 26 ' (PLAINTIFF'S FIRST INTERROGS. , ETC. - 123 !! c 0 5 IQ n 3C1 2 ^'ANSWER: ^ 5 27 above. 3 4 5 >, 6 Tf 8:! 5.29 Do you contend that your sales and distribution of 10 'products containing asbestos was consistent with the 11 . 12 .1 .1 state-of-the-art, industry practice or custom, general scientific ['and/or medical knowledge and standards existing at any particular 13 I 14 Itime pertinent to this lawsuit? 15 'ANSWER: yes. Objection as vague and overly broad. 16 17 18 19 20 i 5.30 If your answer to the preceding interrogatory is in 21 the affirmative,--state: 22 I (a) The facts and circumstances upon which you rely: 23 i, 2*4* *f4l i 25 (b) Identify each document which in any way bears upon this issue; 26 ' PLAINTIFFlS FIRST INTERROGS., ETC. - 124 I 05 I 0 I 035U^; 1 '' (c) Specifically identify any eye-witness who has I; information of any kind concerning such a 2 j contention. r ^ ANSWER; Witnesses and exhibits intended to be used at trial will be produced "vrtien developed consistent with pretrial orders of the court. These are not currently available. i n 6 7: ! 8 9 : 10 5.31 Do you contend that the clam of the plaintiff is ii .jbarred by improper venue and/or lack of jurisdiction? 12 ANSWER: 13 ' t* 14 } No. 15 16 5.32 If your answer to the preceding interrogatory is in 17 'the affirmative, indicate the reason(s) why you assert there is 18 . rimproper venue and/or lack of jurisdiction 19 l! ANSWER; see 5.31 above. 20 21 22 !' 23 ! 24 [ '1 25 26 , PLAINTIFF'S FIRST INTERROGS., ETC. - 125  0510103'C I 1 ! 2 5.33 List any person with knowledge of facts material to 3 4 this case, including any persons you presently consider may be icalled as witnesses at trial, including their names, addresses, 5 ^occupations, and telephone numbers. 6 ! 7 .ANSWER: Exhibits and witnesses intended to be used at trial will be produoed when developed consistent with pretrial orders of the court. These are not 8 currently available. 9 10 11 12 . 5.34 List the names, addresses, occupations, professional 'qualifications, and telephone numbers of all expert witnesses whom 13 i 14 you will call at trial of this case, and as to each further state: 15 (a) The subject matter upon which each such witness is expected to testify; 16 (b) The substance of the facts and opinions to which 17 the expert is expected to testify; 18 !> ti 19 { 20 I 1 21 i. (c) A summary of the grounds for each such opinion. ' ~ 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 126 i, c 05101035'^. i ANSWER; gee response to 5.33 above. 5 ! 6 7i; 8 I' .1 9 10 11 12 5.35 Identify each document reviewed and/or generated by 13 14 !. each expert identified m your answer to the preceding |interrogatory in connection with this specific litigation, and 15 'identify the documents which each expert has reviewed with respect 16 to this case. 17 IS ! ANSWER: see response to 5.33 above. 19 i 20 21 22 |! 23 I 24 ! 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. 127  0 5 1010'" I i i. 1 j< 5.36 Identify each document reviewed and/or generated by 2 each expert identified in your answer to Interrogatory No. 5.34 3 above in connection with any asbestos claim or lawsuit. 4 /ANSWER: gee response to interrogatory 5.33 above. 5 6 6 i! 7 S a :j 9 '! REQUEST FOR PRODUCTION NO. DP: Pursuant to CR 34, attach 10 i, !;or produce, according to the above instructions, all documents 11 i !identified in your response to the preceding interrogatory, 12 i. I RESPONSE: 13 See response to interrogatory 5.33 above. 14 15 16 17 18 19 20 21 22 i; ll 23 \ t 241; 5.37 With respect to each such expert identified above: (a) Indicate the total number of claims or lawsuits for which said expert has been retained; (b) Identify the person(s) responsible for the decision to retain; (c) * Identify the trial court, worker's compensation cause number, or .other information which identifies where any sworn testimony (including affidavits, depositions, or other testimony) was given; (d) State in detail the nature of such testimony. 25 26 I'PLAINTIFF'S FIRST INTERROGS., ETC. - 128 c 0510 ,5* .ANSWER: I- As experts are identified consistent with existing court order, this 2 . information will be provided as to each expert. 4 5 6 ` 5.38 Have you, your attorneys or agents, any written, 7 otherwise recorded, or oral statements from any witnesses or 'persons who have or claim to have any knowledge of facts relevant 8 to or arising out of this lawsuit? If so, for each such statement: i (a) Identify each person, with name and address, 9 ' making the statement; i 10 ' iI 11 , . (b) Identify each statement; ` (c) Identify each person, with name and address, at whose request such statement was made; 12 i 13 ' i (d) Identify each person, with name and address, who prepared such statement; 14 (e) Identify each person, with name and address, now in possession of each statement. 15 ANSWER: except for depositions. Defendant S. K. Wellman has copies of ie depositions ard other discovery documentation, all of which are equally available 17 to plaintiff's counsel. Any other documentation written or oral contemplated by this interrogatory will be provided consistent with existing pretrial court orders. 18 19 20 21 22 23 l 24 } 25; 26 ' PLAINTIFF'S FIRST INTERROGS., ETC. - 129 ll c 051-'C5b J 1 1` 5.39 Have you conducted or caused to be conducted any 2j isurveillance or investigation of any of the facats pertaining to 3 1 this lawsuit? 4 ANSWER: S. K. Wellman is investigating facts. S. K. Wellman has not been 5 ; involved in any surveillance of plaintiff. If the question is asking something ) other than that, S. K. Wellman will cfcgect to it as vague and ambiguous. 6i 8. !i the 9 "l '{ 10 : r*\ u 11 i i 12 ! 5.40 If your answer to the foregoing interrogatory is in affirmative, state: (a) Who was investigated or surveilled; (b) Who conducted such surveillance; (c) The form of the reporting of such investigation or surveillance; 13 14 15 16 17 ANSWER: (d) Identify all tapes, reports, photos, statements, and the like so generated; (e) Identify the name and address of the custodian of the tapes, reports, photos, statements, etc., referred to in your answer to subpart (d) hereof. See response to No. 5.39. 18 l. ii 19 20 i 21 22 23 j 24 i 25 !. t i 26 * t PLAINTIFF'S FIRST INTERROGS r i ETC. 130 cI 05 1 r ^56 2i: i1 REQUEST FOR PRODUCTION NO. EE: Pursuant to CR 34, attach 3 tor produce, according to the above instructions, all tapes, 4 ^reports, photos, statements, or other documents and the like 5i identified or related to Interrogatories No.'s 5.01 through the 6 preceding interrogatory herein. 7 .RESPONSE: 8I I 9' response to interrogatory 5.33. 'I 10 'I ii REQUEST FOR PRODUCTION NO. FF : You are hereby requested. ''pursuant to CR 34, to produce for inspection and copying any and 12 '! Sjall sales records pertaining to the sale, delivery, or use of your 13 asbestos-containing products at the facilities identified in answer 14 to Interrogatories No. 1.20 and 1.24 herein. 15 16 .RESPONSE: ^here are no such sales or docunents as to interrogatory 1.24. i to No. 1.20 see answer to interrogatory 1.20 above. 17 t l 18 ! As 19 i 5.41 State whether or not you have ever made any I 20 ijasbestos-containing canisters or filters for use in respirators or 21 masks. If you have made such filters, state; 22 (a) The brand name and type of filter: 23 (b) The years of production; 24 I it 25 1 26 ' PLAINTIFF'S FIRST INTERROGS., ETC. - 131 c Q 5 I 0 I 0 3 r'C 1 (c) The location of any documents or materials 2 pertaining to the production, distribution, or advertising information concerning said filters, 3 respirators and/or masks. 4 ANSWER: NO. 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC. - 132 c 0510103 ' 1 REQUEST FOR PRODUCTION NO. GG : Pursuant to CR 34, produce 2 such study or report for inspection and copying in the office of 3 the plaintiff's counsel pursuant to the instructions in these 4 interrogatories. 5 RESPONSE: See answer to interrogatory 5.41 above. 6 7 8 9 /C; of 10 7 11 INTERROGATORIES SUBMITTED this /J day --------------------- 1584. T DODD, CONEY & BISHOP, P.S 12 13 By. Mary Bilen`'Keegan Attorneys for Plaintiff 14 ANSWERS SUBMITTED this day of , 1984 15 By. 16 Attorneys for Defendant(s) 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 133 I I ! c eC05101 03 STATE OF OHIO ) ) COUNTY OF CUYAHOGA) ss. J. E. Mencmi, after being sworn, on oath deposes and says: I am the Vice President-Administration for the defendant The S. K. Wellman Corp. m the above-entitled action; that I have read the foregoing Answers to Inter rogatories, Requests for Admission,, and Requests for Production, know the contents thereof, and believe the same i j TOTH, floury Put!: Slj'e o* 0!no County M/ Corm-ssion i;nes June 25,19W C 051010'C 1 STATE OF _ 2 :OUNTY OF 3 ) } ss. ) 4 after being sworn, on oath deposes and says; 5 I an the for the defendant __________________________ 6 in the above-entitled action; that I have read the foregoing \nswers to Interrogatories, Requests for Admission, and Requests 7 for Production, know the contents thereof, and believe the same to De true. a 9 10 f 11 SUBSCRIBED and SWORN to before me this ______ day . _________ , 1984. 12 13 14 0215P 15 NOTARY PUBLIC m and for the State of Washington, residing at 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S FIRST INTERROGS., ETC 134 c COS I 01 03 \ \ ROADWAY EXPRESS, INC. ofoiono to Binip sc**ct * * * * iv * c_A UTIQM f :<vv.` - V_,, K4 l V Contains Hastos Fibers .. ' : Avoid Ciua.ir.g Dust .' . ______ i ** Breathing Asbestos Dust May Caus* Serious Bodily Harm Do NOT brea*. dust 0 Do NOT use air hose for cleaning . Do NOT machine without dust collection equipment DO use vacuum or wet cleaning methods DO^ dispose of dust in seated container DO, wear mask if unable to avoid dust -' -r-*-* \'T ui I t. For further information contact: The 5. K. Wellman Coro. Bedford. Ohio 44146 ~ .X I * ''f r-. i v- . i * ;p 1 CAUTION - ASBESTOS DUST HAZARD I CONTAINS ASBESTOS FIBERS . AVOID CREATING DUST iREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM fr NOT breathe dust IMPORTANT r ."! DO use vacuum or wet cleaning methods NOT use at* hose for cleaning DO, dispose of dust in sealed container iOT machine without dust ealtection equipment DO wear mask if unable fo avoid dust r farther Information contact: S. JC. Wellman Coro. Bedford. OH a c 0510/037 C * * *- '* r-K- * 1 ?*- . . * r-, .V . . iQkc (h -n. roadway EXPRESS, INC. v.t ocarxrt; n aiTt sftn^ce ' ! JJ L f2. X .'U BRAKE TROUBLES WITH the new powdered metal brake lining Needs Fewer Adjustments POWDERED METAL SEGMENTS Velvetouch Metalik lining is composed entirely of pow dered metal segments--NOT ASBESTOS. It runs cooler ... holds faster and surer^re* it C 051010362 Ci (wpial/J l/lhshiili) pmowv S3MVHa liVHSHIV S3H3imo nvmsnaHi sdnioh howio sosio NOissiwssm oxnv saitnd hoimo SIMM AU3NIH3VW 3N1HIN S3NINI1 HV3 833N3SSM $3$ia 8V33 3NW331S S3O039 3HVH8 MINI * * n^npoid uorjauj j^l^ux-irs jo aaq juichnoa jno tn rued pu qatnp aqx PU,J -<1*301 aeru sjoui u*-* no.< uonom ;wnieqjax ra.\io.\at jo qj 'neotf `snoj \\ jj :HtpnpOid UOlptJ} |9|9UI-JJ9 jO dpojod 1 surol 6uiun lDaW-nv A1NO 3H The ever-growing lift of Velvetouch All Metal friction products now includes Velvetouch Metalik bond-on lining for medium and light trucks. Over seven years of extra heavy use of Velvetouch Feramic . , . the one and only all metal brake blocks . . . nationwide clamor for Velvetouch Metalik lining on passenger can... theae have helped to produce this bond-on lining for the medium and light truck field. If you've never used all-metal brake btocks, you owe It to your drivers, your opera ting budget and .yourself to try Velvetouch Metalik today. i Check these advantages of Velvetouch Metalik to find ahat you've been looking for in brakes: * NO HEAT FADE -K NO WATER fade * NO DOWN HILL FADE * NO SPEED FADE * LONGER LIFE 4C SMOOTH.. QUIET * LOWER COST PER MILE  ....... '*''%}*?*.'* i ''.'`r.vvv.'t^iV' '<\r* ''= N'--' Hoot Fad* . ,H,/f/H, No Watir Fad* only . Mninimh MetaifcV gives you modern braking power.- . BroW life Fowor Ad|utmenl( 1 Stop In today ... pvt modem, super safe brakes ' Powdered Metal Brake Lining is the greatest .brake lining safety development of the last 20 years... C 051010368 GOOD BRAKES no ACCIDENT! C 051010367 (Ilelvimuch Metal?**) brakes better...stops quicker...lasts longer! Powdered Meta! Makes The Difference! ^ W-- . ^ Whether yours is a multi-hundred h p speedster, an economy passenger car . . or small or medium trurk. you'll bv 6afer with Veivetourh Metalik brake linings Velvetouoh Metalik is a new lin ing made whollv of pondered metal, precision bonded to reconditioned brake 6hoes One of the outstanding automotive develop ments of the last derade. this new All-Metal lining provides maximum braking safely, regardless of speed or driving conditions. No wafer fade/ Powdered metal does not absorb moist ure Even when oompleieU under water, BRAKES WORK. Stop mailart Smooth pow dered metal surface, unaffected (iwl by heat and water, free of ji glazed or hard spots, assures ;-- constantly uniform braking No hoot tada ... No high ipted fmdml Fast driving, constant downhill braking, frequent traffic stops ... all generate heat which causes ordinary linings to lose part or all of their holding ability. Unlike asbestos, which insulates and holds heat in drums, powdered metal rapidly conducts heat away from the surface braking area . . . keeps brakes working properly without fade. Olfg/rgMMetqifk) ...first choice for safety I Stop qulckerl High initial coefficient of friction in pow. dered metal makes brakes work immediately... faster.. and safer. Latt fongart Because they run cooler. Velvetouch Metalik linings have longer working life than other brakes They require no "coddling" . need fewer adjustments. ... on a per-mlle basis the world's best brake investment! 051010368 YOUR OWN BUSINESS THERE*S MORE W INSTALLATION INSTRUCTIONS FOR OlWfliffftMetcilTk) Powdered Motol Broke lining The higher the quality that la built Into brake lining, the higher degree of aUestjcn first class condition OKLY in Una way will you get the maximum performance Ka. Wn built into Velvetouch MeLalik Powdered Urti! Liiunn l.ind be identified as primary, secondary, forward or reverse These brake shoes have been carefully and lined with Velvetoech MetaJik Unings The linings have been occur.--, r.- jund by an authorized bonder. ' Bendit Dual Primary Lockheed ^ Hydradfe Lockheed F 0 Beidit Q Due-Servo It is SOT recommended that ilicsc hemps be rc-ground !f regnndmg u done, howeerr, U necessary that clearancei shown in the diagrams be observed BREAK IN PROCEDURE Velvetouch Metahk brake lining requires seating to the drum for maximum proper braking performance This procedure should be followed to assure seating Make several alow stops to check out the brake system overall 2. Observing road safety, make a minimum of ten 110) consecutive hard stops from 40 to 50 MPH Avoid sliding the wheels 3. Allow the brakes to cool and then readjust U necessary (normally not re quired). 4. Lining has not Seated if the above procedure does not give good braking CAUTION Do not drag or overheat. NOTE: Brakes will continue to improve as seating becomes complete through usage. HYDRAULIC FLUID CONTAMINATION Contaminated hydraulic fluid U major cause of swollen cups, scored cylinders and leakage- (Use only S.A E. approved heavy duty high temperature fluid I Equal hy draulic pressure means equal brake effort. Flush system with alcohol if these con ditions exist HYDRAULIC LINES Visually inspect lines, fittings and hoses for "dampness" This may indicate high pressure leakage Weak hoses cause "spongy" pedal. MASTER CYLINDER Hard or sinking pedal points to swollen cups, internal leakage or plugged vents WHEEL CYLINDERS Scoring, cup swelling and sludging as a result of fluid contamination can cause "lag time" between cylinders, leading to grab or pull at one or more wheels POWER UMTS Pedal loss hard pedal or lack of assist are trouble signs Consult manual or. your unit Check valves should be above carburetor intake on most units to avoid gasoline feed back. Examine all hoses for vacuum leaks BACK PLATES Inspect for bent plates and anchor pins, worn shoe pads, frozen adjustors or anchor blocks BRAKE DRUMS True up surfaces to within specified limits Excessive oversize weakens drums Brake drums should be of equal size actors axles Do not install Velvetouch Mel&ltk on passenger car drums that are more than .060 ' oversize or truck drums more than 090' oversize. PEDAL LINKAGE Check linkage with master cylinder disconnected for binding, wear or interference BRAKE SHOES Velvetouch Metallic lining on these shoes have been accurately pre-gTound by an au thorized bonder. It is not necessary or desirable to regnnd Specified heel and toe clearance must be observed for maximum efficiency. Observe identification and location of primary and aecondary, or forward and reverse shoes, as indicated m the diagrams. BRAKE SPRINGS Tension is destroyed by heat or flexing To balance shoe return action, replace shoe return springs and hold-down springs WHEEL BEARINGS Remove, clean and inspect Re-lubncsle with proper grease Adjust to specifications REAR AXLES Bent rear axles or worn axle bearings are frequent causes of high lining wear and erratic braking Repair or replace defective parts GREASE SEALS Worn or damaged seals can cause dangerous brakes Velvetouch Metahk lining is not ruined as with asbestos. Heavy concentrations of oil or grease leads to erratic braking New- seals are simply good insurance FRONT END ALIGNMENT (CHASSIS A SUSPENSION) Weak or broken springs, shocks and torsion bars unbalance the braking effort Sus pension and front end alignment should be checked for a balanced, sate stop. WMHe- MaaNHi rffaaeeeaeaaeeaataae U uied cstd ti&ifxected hf tlteie ttfauifxmestt masutjacLtA&U: Westinghousc Air Brake Co. WHITE INTERNATIONAL HARVESTER $r4*o Ar*o WARRANTY The Asnufaetarcr of (Ms Vcfvetouch tfcfafii brst* finin| *ranr tie ftoducte e(emrt detects in materiel end work -- oisnsMp. It cannot, howeret, he held teeponeihle lor mtaapphcatior or faultf inttelletion. Hence, the manolactuter'a Itabihi] is limited to the replacement reina ot the detactile brake hninf and ehoe aaatahly. Any elleted detective mal arial ia to he returned, prepaid, to the maaetecturer'a naeteat branch offtct fo> affiant* saainacioa hj the meeufactutefa fnapectton, Xeeeorch end Development Departmenta." INSTALLATION INSTRUCTIONS fo* ( Mveimii MetaiTtT) Powdered Metal Brake lining The higher the quality that ts built Into brake llninc the hither drr. r .-- muet be given to the brake component* This limnj requires ALL components tooTm first cUas condition ON LI m this way will you get the maximum performance tbet bas been built Into Velvelouch MeUlik Powdered Metal Linings Lined ahoes Wfll be identified u primary, aecondary. forward or reverse. 6 WU1 - These brake ahoes have been carefully reconditioned and lined with VelvetsaKh Metalik linings The linings have been accurately pre-ground by an authorized 11 is WOT recommended that thete linings be rt-grovnd // rrjnnimj u done. hoveTer, it u necessary that clearances shown in the dmgran.s be olscried break in procedure b^CivrfMo^t.ci.vebbrTahk^es lpinVinagdJrre!q!usihreosuldsebtetinfogUotouetdhetodarusmsurefasremalainxgimum proper braking pe ^ lte* .tops to check out the brake system overall 12 fOrobmser4v0ingto rSoOadMsPaHfetyA,vomidakselidainmg itnhiemwumheeolsf ten liO> consecutive hard amps 3 Allow the brakes to cool and then readjust if necessarv tnormailj not ne4. JiS'has not seated it the above procedure does not give good braking action. CAUTION: Do not drag or overheat NOTE: Brakes will continue to improve as .eating becomes complete through usage HYDRAULIC FLUID CONTAMINATION Contaminated hydraulic fluid la a major cause of swollen cups, scored cylinders and leakage (Use only S.A.E. approved heavy duty high temperature fluid ) Equal hy draulic pressure means equal brake effort Flush system with alcohol If these con ditions exist. ' hydraulic lines Visually inspect lines, fittings and hoses tor "dampness" This may tndcate high pressure leakage Weak hoses cause "spongy" pedal. MASTER CYUXDEK Hard or sinking pedal points to swollen cups, internal leakage or plugged vents. MilEEL CYLINDERS * Scoring, cup swelling and aludging as a result of fluid contaminsLon can cause "lag time" between cylinders, leading to grab or pull at one or more wheels POWER UNITS Pedal loss, hard pedal or lack of assist are trouble signs Consult manual or. your unit Check valves should be above carburetor intake on most units to avoid gasoline feed back. Examine all hoses for vacuum leaks. BACK PLATES Inspect for bent plates and anchor pins, worn shoe pads, frozen adjustors or anchor blocks- brake drums True up surfaces to within specified limits Excessive oversize weakens drums Brake drums should be of equal size across axles Do not install Velvetouch Metalik on passenger car drums that are more than 060 ' o\ ersize or truck drums more than .090 ` oversize. PEDAL LINKAGE Check linkage with master cylinder disconnected for binding, wear or interference BRAKE SHOES Velvetouch Metalik lining on these shoes have been accurately pre-ground by an au thorized bonder. It is not necessary or desirable to regnnd. Specified heel and toe clearance must be observed for maximum efficiency Observe identification and location of primary and secondary, or forward and reverse shoes, as indicated in the diagrams. BRAKE SPRINGS Tension is destroyed by heat or flexing. To balance shoe return action, replace shoe return springs and hold-down springs. WHEEL BEARINGS Remove, clean and inspect. Re-lubncate w-ith proper grease Adjust to specifications REAR AXLES Bent rear axles or worn axle bearings are frequent causes of high lining wear and erratic braking Repair or replace defective parts GREASE SEALS Worn or damaged seals can cause dangerous brakes Velvetouch Metalik lining is not ruined as with asbestos Heavy concentrations of oil or grease leads to erratic braking Hew seals are simply good insurance- FRONT END ALIGNMENT (CHASSIS A SUSPENSION) Weak or broken springs, shocks and torsion ban unbalance the braking effort Sus pension and front end alignment should be checked for a balanced, safe stop eaeeMsesoMatsseeMsus f----------- - - ** eimeenm)iinweeeeeeeea [Mm trv t jJ' 'll*' cl uled and. tielfceded hf ikele ttjfUtfime+U matucfrictM/ieAl: '*&> WkstinghouscAir Brake Co. wmi-CWIIlMEW* wu. WHITE S>4 * +*o c 051010375 C CAUTION ASBESTOS DUST HAZARD DO NOT BREATHE DUST DO NOT HOSE OFF WITH COMPRESSED AIR DO NOT MACHINE UNLESS DUST COLLECTION EQUIPMENT IS CONTROLLING DUST Respirators must be worn to avoid exposure to dust. Dispose of dust in a sealed container marked with appropriate warning for Asbestos. ran xmf>. ElMGlNEenED PHICTION MATERIALS A-713 CAUTION ASBESTOS DUST HAZARD DO NOT BREATHE DUST DO NOT HOSE OFF WITH COMPRESSED AIR J)0 NOT MACHINE UNLESS DUST COLLECTION EQUIPMENT IS CONTROLLING DUST Respirators must be worn to avoid exposure to dust. Dispose of dust in a sealed container marked with appropriate warning for Asbestos. TOS S.K. WSyJtfi&M CORK ENGINEERED FOICTIOM NiATEHiALS A-713 oooo ao 2oo2 Zo 3 c cr j}SS S22<<o -ao^_y.Ta_ : 3 <^x__ c< o^3i 3 (a noa-333* *i3--=5*~&f=oT? o" SI CD S "S 23. * 000 OOO ^ 2-o O -3 CO X s-- MO"3?Se*u** o5u0*O>-SiQf^<c2** 2">< 3 oO *3 a. 3 c 15 CC3JT 5'I c<a*s o ^ J 3T jQf.S3 a o-.20(03 O X a 2. "5 i g* Q. mCJO9 >O 2i O > c o-- s2 o s >5 <* ^252? m^co MO o> -4 2 I > O O CO C 09 m iS co H o c> i > m q< tmn O-- 5n o= c2 v> > W2 O2 ao O CO O c co <xZ< ac 53 3 3 i 4 Before lhe\ uere offered to the public. Velvetouch Metahk linings were road tested for over 43.000.000 miles They are manufactured by The S K. Wellman Company, since 1924 the world's largest producer of all-metal clutch plates, facings and brake linings... used on leading motor trucks, tractors, trains, aircraft ... all types of construe* tion. commercial and industrial equipment The S. K. Wellman Company 300 Egbert Read Bedford. Ohio Authorized (mtmk Metoi**D Dealer umt* lAle. U I A 6fr 0 I 0 I S0