Document pk9jye2RDbeJgvyndrv82k3a

PLAINTIFF'S EXHIBIT 1 THOMAS E. PFALZER - State Bar No. 85261 GEOFFREY J. MACMILLAN, JR. - State Bar No. 189658 2 McNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Second Floor 3 Post Office Box 5288 Walnut Creek, California 94596 4 Telephone: (925) 939-5330 Facsimile: (925) 939-0203 5 6 Attorneys for Defendant RILEY STOKER CORPORATION 7 8 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 10 11 IN RE: 12 COMPLEX ASBESTOS LITIGATION 13 14 15 16 ) NO. 828684 ) ) SUPPLEMENTAL RESPONSES TO ) DEFENDANT RILEY STOKER ) CORPORATION'S SECOND AMENDED ) RESPONSES TO GENERAL ORDER 129 ) PLAINTIFFS * STANDARD ) INTERROGATORIES TO DEFENDANTS ) ) ) 17 Riley Stoker Corporation ("Riley Stoker" or the "Company"), 18 pursuant to and under the protection of the California Rules of 19 Civil Procedures, hereby files these supplemental responses to 20 Plaintiffs' Standard Asbestos Case Interrogatories (Hereinafter 21 "Interrogatories") pursuant to San Francisco Superior Court 22 General Order No. 129. 23 SUPPLEMENTAL RESPONSE NO. 13 24 A. -- U. Riley Stoker was never a member and never paid dues 25 for a representative to be a member of the listed organizations, 26 v. None. 27 W. None. 28 LAW 0AM Supplemental Responses to Second Amended General Order 12? Responses I TO! r r\ \ I 0 0'"- TOTjjrs mu-' \J 72 J J U "1 ^ U r- \j J i i J t tooi uo jI" 1 SUPPLEMENTAL RESPONSE NO. 14 2 Riley Stoker identified no organization in response to 3 Interrogatory No. 13. Therefore, this interrogatory is inap 4 plicable . 5 SUPPLEMENTAL RESPONSE NO. 25 6 Yes. Two claims. 7 Claim #1: 8 A. 1947 9 B. Ernest R. Moreno 10 C. 76--144 11 D. Los Angeles, Industrial Accident Commission, State of 12 California 13 E. James S. Brantl, General Counsel, DB Riley, Inc., P.o. 14 Box 15040, Worchester, MA. 15 Claim #2: 16 A. August 1956 17 B. Lewis Munger 18 C. Riley Stoker has no case number. Riley Stoker appears 19 to have received a notice of a hearing in connection 20 with Lewis Munaer v. Armstrong Cork Co. , Travelers 21 Insurance Co. but has no evidence of any report, 22 pleading or communication concerning asbestos or alleged 23 hazards of asbestos. 24 D. Riley Stoker has no court records indicating the court 25 in which the claim was filed but notice was from 26 Workers' Compensation Department, State of Michigan. 27 E. James S. Brantl, General Counsel, DB Riley, Inc., P.O. 28 -*. LAW A MAM Supplemental Responses to second Amended General Order 129 Responses 2 02S2S11 T 02. I 01 18CS ICIddO Pltn dBddtHO MOdf dd UJd ,Z-2\ 1002 P0 ddS 1 Box 15040, Worchester, MA. 2 SUPPLEMENTAL RESPONSE NO. 26 3 A. Liberty Mutual Insurance Company, 100 Main Street, P.o. 4 Box 1525, Dover, NH 03820-1525. 5 B. - D. 6 carrier Policy Period Policy Number Policy Limits for Bodily 7 Injury 8 LMIC 1/1/52-1/1/53 Unknown $1,000,000 9 LMIC 1/1/53-1/1/54 Unknown $1,000,000 10 LMIC 1/1/54-10/1/54 LB-1-82046-54 $1,000,000 11 LMIC 10/1/54-10/1/55 LB-1-690870-54 $1,000,000 12 LMIC 10/1/55-10/1/56 LP-1--690870--55 $1,000,000 13 LMIC 10/1/56-10/1/57 LP-1--690870-56 $1,000,000 14 LMIC 10/1/57-10/1/58 LP-6014-903 04 3-37 $1,000,000 15 LMIC 10/1/58-10/1/59 LP-6014-903043-38 $1,000,-000 16 LMIC 10/1/59-10/1/60 LP-6014-903043-39 $1,000,000 17 LMIC 18 LMIC 19 LMIC 20 LMIC 21 LMIC 22 LMIC 23 LMIC 24 LMIC 25 LMIC 26 LMIC 27 LMIC 10/1/60-10/1/61 10/1/61-10/1/62 10/1/62-10/1/63 10/1/63-10/1/64 10/1/64-10/1/65 10/1/65-10/1/66 10/1/66-10/1/67 10/1/67-10/1/68 10/1/68-10/1/69 10/1/69-10/1/70 10/1/70-10/1/71 LP1-614-004050-030 LP1-614-004050-031 LP1--614-004050--032 LP1-614--004050--033 LP1-614-004050-034 LP1-614-004050-035 LG1-614-004050-036 LG1-614-004 050-03 7 LG1-614-004050-038 LGlw614-004050-039 LG1-612-004050-030 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $960,000 $1,000,000 $1,000,000 $1,000,000 28 LAW t i. MM Supplemental Responses to Second Amended General Order 129 Responses 3 1 LMIC 2 LMIC 3 LMIC 4 LMIC 10/1/71-10/1/72 10/1/72-10/1/73 1/1/73-1/1/74 1/1/74-7/1/74 LG1-612-004050-031 LG1-612-004050-032 LG1-612--004050-343 LG1-612-004050-344 $945,000 $1,000,000 $1,000,000 $1,000,000 5 LMIC 6 LMIC 7/1/74-7/1/75 7/1/75-7/1/76 LG1-612-004050-414 LG1-612--004050--415 $998,400 $1,000,000 7 LMIC 8 LMIC 7/1/76-7/1/77 7/1/77-7/1/78 LG1--612--004050--416 LG1-612-004050-417 $1,000,000 $429,176 9 LMIC 7/1/78-7/1/79 LG1-612-004050-418 $543,764 10 LMIC 7/1/79-2/1/80 LG1-612-004050-419 $999,500 11 (Subject to a $100,000 per occurrence deduct 12 ible) 13 SUPPLEMENTAL RESPONSE NO. 27 14 Yes. 15 A. Sanford Riley Stoker Company 16 B. 1913 17 C. Thermal insulation materials may have been used in 18 conjunction with steam generating equipment. 19 A. Murphy Iron Works 20 B. 1917 21 C. Thermal insulation materials may have been used in 22 conjunction with steam generating equipment. 23 A. Underfeed Stoker Company 24 B. 1922 25 C. Thermal insulation materials may have been used in 26 conjunction with steam generating equipment. 27 A. Ground Coal Engineering Company 28 **r uw Supplemental Responses to Second Amended General Order 129 Responses 4 1 B. 1922 2 C. Thermal insulation materials may have been used in 3 conjunction with steam generating equipment. 4 A. Bernitz Furnace Appliance Company 5 B. 1922 - 1927 6 C. Thermal insulation materials may have been used in 7 conjunction with steam generating equipment. 8 A. United Machine and Manufacturing Company 9 B. 1924 10 C. Thermal insulation materials may have been used in 11 conjunction with steam generating equipment. 12 A. A.W. Cash Company renamed Cashco, Inc. 13 B. 1924 - 1971 14 C. Thermal insulation materials may have been used in 15 conjunction with steam generating equipment. 16 A. Riley Engineering Supply Company, Ltd. 17 B. 1924 - 1937 18 C. Thermal insulation materials may have been used in 19. conjunction with steam generating equipment. 20 A. Badenhausen Corporation 21 B. 1931 22 C. Thermal insulation materials may have been used in 23 conjunction with steam generating equipment. 24 A. Cash Standard Stacon company 25 B. 1955 - 1958 26 C. Thermal insulation materials may have been used in 27 conjunction with steam generating equipment. 28 *K* LAW Supplement*l Responses to Second Amended General Order 129 Responses 5 n Jae 1 A. Union Iron Works 2 B. I960 3 C. Thermal insulation materials may have been used in 4 conjunction with steam generating equipment. 5 A. Bros Michigan Division of American Hoist and Derrick 6 Company 7 B. 1969 8 C. Thermal insulation materials may have been used in 9 conjunction with steam generating equipment. 10 A. Abbott Heat Exchanger Corporation, renamed Riley 11 Southwest Corporation 12 B. 1972 - 1980 13 C. Thermal insulation materials may have been used in 14 conjunction with steam generating equipment. 15 RESPONSE NO. 31 - 16 A. Thermal insulation was used on the exterior of boilers 17 and refractory material was used in the interior of 18 boilers. These materials may have contained asbestos. 19 These materials were, at times, supplied by Riley Stoker 20 and were, at times, supplied by Riley Stoker's customer 21 or the customer's hired contractor. When Riley Stoker 22 supplied thermal insulation or refractory material, that 23 material was selected according to each purchase 24 requisition. Therefore, brand names and trade names 25 varied with each contract. Riley supplied block 26 insulation/calsil, 66 plaster, monoblock, pre-molded 27 pipe covering, mineral wool felt insulation, gaskets, 28 AN., *ALAHWW Supplemental Responses to Second Amended General Order 129 Responses 6 02025111011 oi isce iciddo ntn dBddtno >nr ad wd pz--zi 1002 P2 dds 1 rope and insulation cement, in some boiler designs, the 2 insulating materials were completely enclosed within the 3 boiler walls and roof. In others, insulating material 4 was the outside covering. Some of the brand names of 5 refractory and insulation that Riley Stoker supplied 6 include Davey tile, 48 Insulation, Eagle Picher, Balwin 7 Hill, Johns-Manville. 8 B. Refractory material and thermal insulation material 9 which may have contained asbestos were supplied in 10 products as of 1930. 11 C. 1972 12 D. Riley Stoker has no knowledge of the chemical com 13 position of the thermal insulation and refractory 14 materials purchased from others and supplied to cus 15 tomers in conjunction with the sale of its boilers. 16 Furthermore, Riley Stoker has no knowledge if the 17 chemical composition of these materials changed over 18 time. Riley Stoker understood that thermal insulation 19 and refractory manufacturers ceased using asbestos as an 20 ingredient in 1972. 21 E. Riley Stoker has no general knowledge of the physical 22 appearance and nature of any thermal insulation and 23 . refractory material it purchased from others and 24 supplied to customers in conjunction with the sale of 25 its boilers. Boilers have numerous applications , each 26 with its own specifications, in industrial, utility and 27 commercial environments. The insulating and refractory 28 * LAW Supplemental Responses to Second Amended General Order 129 Responses 7 o-inr i t o ^t OC'l-' TOTJJ^ lYlUH \J 13 J _J W "1 M'-M-ir \JJ 1,1 -J O1 T QQV HO 1 materials used were determined by each requisition. 2 Riley Stoker must defer any further response to the 3 manufacturers of any such insulation and refractory 4 product. 5 F. Other than using asbestos containing materials in the 6 form of thermal insulation or refractory in conjunction 7 with the boiler manufactured by Riley Stoker, Riley 8 Stoker has no knowledge of any other intended use for 9 the insulation and refractory material. Riley Stoker 10 knows that thermal insulation was used to maintain 11 efficiency and reduce heat loss from the inside of the 12 boiler and the outside environment. It also protected 13 persons present in the vicinity of the boiler from 14 contact burns. Refractory material was used as a 15 transfer medium to transfer heat from its source to -the 16 water carried in the metal tubes which run throughout 17 the boiler. 18 G. Riley Stoker has no knowledge whether the thermal 19 insulation and refractory materials it supplied in 20 conjunction with its boilers were on the "Qualified 21 Products List." Riley Stoker defers to the manufacturer 22 or supplier of any such materials to determine its mode 23 of marketing. 24 H. Riley Stoker has no knowledge of the supplier of any raw 25 asbestos used in the manufacture of thermal insulation 26 and refractory material/ used in conjunction with its 27 boilers. Riley Stoker defers to the manufacturer or 28 *N<t fut w AMM Suppln*ntal Responses to Second Amended General Order 129 Responses 8 rn i O O r- TOTjjrv iyilj-1 \JU ju-i^ \j ^ u; r vjj IJ 70T tnn-? +-.n jic 1 supplier of the insulation and refractory material to 2 determine the identity of any such supplier of raw 3 asbestos. 4 I. Riley Stoker's records are not maintained or archived by 5 geographical area. Riley Stoker has compiled a list of 6 all sites currently known to possess a boiler manufac 7 tured or supplied by Riley Stoker in the geographical 8 area. Riley Stoker's investigation of additional sites 9 is ongoing. Therefore, Riley Stoker reserves the right 10 to amend or supplement this interrogatory as additional 11 information is found. The list of sites to which Riley 12 Stoker supplied boilers is attached hereto as Exhibit A. 13 . J. Riley Stoker's records may be retrieved and subsequently 14 produced by any one of three methods: 1) Boiler serial 15 number; 2) Contract number; or, 3) Customer name. Ri-ley 16 Stoker has never maintained, referenced or indexed its 17 records by geographic area other than the list attached 18 hereto as Exhibit A. 19 RESPONSE NO. 38 20 Riley Stoker provided a metallic nameplate with all boilers 21 it sold, supplied, and erected. The nameplate contained the serial 22 number, manufacturer's name and information regarding date of 23 . erection and operating pressure. The size of the nameplate varied 24 but was typically rectangular in shape approximately 12 to 18 25 inches long and 8 to 12 inches high. 26 RESPONSE NO. 41 / 27 A. Brochure, copy, titled "Riley Steam Generators and Fuel 28 IAW AMN B Supplemental Responses to Second Amended General Order 129 Responses 9 1 Burning Systems", 20 pages. 2 B- Unknown. 3 C. Unknown. 4 D. Marketing of boilers. 5 E. Yes. 6 F. McNamara, Houston, Dodge, McClure & Ney, 1211 Newell 7 Avenue, Walnut Creek, California. 8 G. Geoffrey MacMillan, Esq. 9 A. Brochure, copy, titled "Riley MH Series Packaged 10 Boilers", 14 pages. 11 B. Unknown. 12 C. Unknown. 13 D. Marketing of boilers. 14 E- Yes. 15 F. McNamara, Houston, Dodge, McClure & Ney, 1211 Newell 16 Avenue, Walnut Creek, California. 17 G. Geoffrey MacMillan, Esq. 18 A. Brochure, copy, no title but with "Riley" name, concerns 19 Riley's services and manufacturing activities, 20 pages. 20 B. Unknown. 21 C. Unknown. 22 D. Marketing of boilers. 23 E. Yes. 24 F. McNamara, Houston, Dodge, McClure & Ney, 1211 Newell 25 Avenue, Walnut Creek, California. 26 G. Geoffrey MacMillan, Esq./ 27 Ill 28 *N<r *lAW A MW Supplemental Responses to Second Amended General Order 129 Responses 10 1 RESPONSE NO, 45 2 Following a reasonable and good faith effort to obtain the 3 information by inquiry to other natural persons or organizations, 4 except where the information is equally available to the propoun 5 ding party, Riley Stoker states that it has no knowledge of how it 6 first became aware that there is an association between asbestos 7 exposure and disease in human beings. 8 RESPONSE NO. 46 9 Following a diligent search and a reasonable inquiry in an 10 effort to comply with the document production or document descrip 11 tion sought in Interrogatories No. 44 and No. 45, Riley Stoker 12 states that it has no documents. 13 DATED: September 25, 1998 14 MCNAMARA, HOUSTON, DODGE, McCLURE & NEY 15 16 17 Attorneys for Defendant RILEY STOKER CORPORATION 18 19 20 21 22 23 24 25 26 27 28 Alt*? LAW A tettt Supplemental Responses to Second Amended General Order 129 Responses 11