Document qdXzmEveeY2XmGjDZD8eg53KE
FILE NAME: Wagner (WAG) DATE: 1999 DOC#: WAG035
DOCUMENT DESCRIPTION: Legal - Answers to Plaintiffs' Standard Interrogatories
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OP DELAWARE
CONSTANCE A. NEKTON, Indiv id
PLAINTIFF WELLS
ually and as Executrix of the
PLAINTIFF KARVEL
Estate of HUBERT G. WELLS, and
PLAINTIFF CORDREY
l
BETTY KELLS, Individually and
as widow of HUBERT G. WELLS,
et a l .,
Plaintiffs,
C .A . No. 86-435 (JJF)
ASBESTOS CORPORATION, LTD., et a l .,
Defendants.
ANSWERS OF THIRD-PARTY DEFENDANT ASBESTOS CORPORATION, LTD TO STANDARD INTERROGATORIES
1.
Describe in detail, with specificity anc
particularity each product rr.ir.ed, produced, manufactured
or sold by the answering Defendant or its predecessors in
title cr subsidiaries which contained asbestos for each
year from 1940 until 1950; and for each such product
describe:
(a) Its chemical ingredients;
(b) State the manner in which it was intended to
be used, i.e., in the construction and/or insulation of
buildings and/or equipment, etc.;
(c) For each ingredient contained therein state:
(i) The name or chemcial composition of each
substance, what harmful efffects, if any are known, that
it produces in man or mammals and whether it produces its
harmful effects through ingestion, inhalation, absorption
or a combination of these;
(ii) the substance produced effects were produced;
When you determined and/or learned that harmful effects and how such
(iii)
Identify
each
individual
who
participated in such determination and/or obtained such knowledge;
(iv) Identify each document that refers,
reflects or relates to any information pertaining to the
properties of each of the ingredients and/or how the
harmful effects are produced as well as your determination
of those toxic effects and the manner by which they are
produced ;
(v)
As to any information received orally in
V r to this interrogatory, identify each person who
SuOOl iec such information and state the full substance of
nformation supplied;
(Vi) Which products or Ingres ients were were manufactured and which were distributed
answering cc iendants
AhSWZR; Asbestos Corporation Limited ("ACL") mines
and mills raw chyrsotile asbestos fiber, which is not a
product and which is sold F.0.3. Thetford Mines, Q u e b e c .
(a) Chrysotile asbestos, the only fiber mined and
milled by this defendant is a hydrous magnesium silicate
(K4 , Mg3, Si2, 02). The formula may vary from mine to
mine and between ore bodies. (b ) There are literally thousands of uses for raw
chrvsotile asbestos, which is not a product.
(c)
See response to 1(a) above. As a raining
company, ACL does not engage in medical research, does not
compile information on the diseases of man, or form
opinions as to causal relationships. These are properly
the province of expert medical opinion in light of all
facts of each individual case.
2.
If any product identified in answer to
Interrogatory 1 was produced, manufactured and/or sold
under a trade name, identify that trade name(s) and state
the time period that each such product was sold under such
trade name .
ANSWER : Bags bear the printed name of the company
and a statement of weight, fiber grade and the initials of
the mine from which it was obtained.
3.For each product
identified m answer to
Interrogatory 1 state:
(a) The address of each plant where it was
manufactured, processed or packaged;
(b) Whether you
were the sole producer,
manufacturer and/or distributor of the product and, if
not :
(i) The name and address of each other
person, firm or other entity engaged in the production,
manufacture and/or distribution of the product;
(ii) Whether any other manufacturer produced
the product by virtue of a franchise or license from you;
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1 THE S'JPSEIC?. COURT OR THE STATE OF DELAWARE
.IL :'l 1 '07
D 1
..-Oil):
[NC., a/k/a 17
COMPLAINT as:
310
A.W. CHESTERTON COMPANY; El -_l-j .aTVSB^S 70S MINES, L T D .;
Cr.ARLE 5 A . WAGNER CO . INC.;
r- EXIT a l l :C, INC., f-ormeriy kr.own. as r1EXITALEEC GASKET COM?AN'/^ v'^-> ;
GA? CORPORATION, Individually ar.,d as Sue cessor- ir.- T'nt'arsq`zc R'J3EROE 0 CORPORA/? ION;
A-257
2
C^LCITH! QT'ip'py CORP
SBEsTOS MTj USTRIAL ED., TURNER ASBESTOS FIBRES rd also responsible for the .tenors and products of its .Orth American subsidiaries, '.EAS3EY ANT MATT ISON COY.BAITY, Ebi--' rNtS3ES _cs MINES t _7lr--i--,. *7^C l u d i n g i t s w h o 1 l y - o w n e d uo 3 id.i_3.ry AT LA.S AS 3ESTOS :o m PAN"V\ ^r . d ATLAS TURNER,
t a n d 5,3 p a r e n t a n d
.1"a r ego 3 O FLEXIT ALLIC C-ASKST COMPANY; UNITED STATES GYPSUM COMPANY
A-25S
3
cniversjll friction composite, Su cc es sor -ir.-Interest to
asbestos, an coherently dar.crerous ;xic sur
:e, wr.ire e:
was c x d o d -g to
a..a/or ^soestos-co.-rarr.mc
worsen.
3 . In addition to the above pernanent asbestos-relate:
diseases and injuries, plaintiff is in a high ris'< ci develo:
dditior.al asbestos-:
diseases and oroblen
l ..;
p r e s e n t l y has a n d will continue in the future to have a
reasonable fear cf future diseases. Plaintiff has and will
continue to receive medical assistance to protect, prevent and mirirr.ise such Dotentia.1 future con.ssquen.cs5 or nis exposure to
A-259
4 asbestos and the furthering cf his asbestos-related diseases
arove asoescos-r^
Cair, ana 3 su::erinn.
a decrease
n g , rr.s n anguxsn, ana siOn.cr.a
.1 o ast or future earnir.cs and various other oast and
COUNT II
7 . .re s -- l e m a t r o n s m o a r a g r a c n One '" 'i cn r c u o n
and i n c o r p o r a t e d by ref e r e n c e wi chin tax 5 C*
8 . A. C. A S . , Inc., a/k/a ACANDS, 1 n.c./ xaaxv --Q *'~r^ 1 \4r knov/n as .Armstrong C o n t r a c t i n g an d Su p p l y Co
Ar.chor P acking C o m p a n y ;
A. ?. Green Industries, I n c .;
Argo Packing Company;
Armstrong World Industries, Inc ly known, as Armstrong Cork Company;
Individually and
A-260
5
Cites rton Conoanv;
4.
i *
1
/ O ITclC I,' -arioCK, n c
w *w
u, tn
.sing x::s wholly-owned subsidiary Atlas Asbestos Company) a:,d Atlas Turner, ltd., and as parent and alter ego to F.SXiCaiX X^: Gasket Company;
.'riversal Friction Composites, Successor-in-interest tc r,aynsr.< j.r. iustries, I n c .; vers ax a _ . times pertinent directly or indirectly engaged xn tru lining, ms xufacturir.g, distribution, sales, licensing, leasing, installatx :n, removal cr use of asbestos and asbestos-containing
ZTQCLVIG - 3 . They were also engaged in the development, rr'.ar.ufaciiu: e, distribution, sales, licensing or leasing of
A-2G1
6 upment procedures and/or technology necessary to min;
i^ ns Lto t:g?_-^c3'
well as other members of the asbestos industry, ine ons ana researen as to the izars or asbestos and ofte:
3__ ^ _
ar.c
orter Co., Inc
in- In feres: to
hern Textile CZ;crporation, formerly known as Sou ^ n m -n
;any ; C- **-'o --t nolle Corcoratior., Individually an d for~erly
/n as Sout:hheerrn .Asbestos Company; Eagle-Pichsr In dus tr 103 f
; Cel c:exc Corrpp'oration, Individually and as Succ ess or _- -
;rest to t:hhe ?Philip Carey Manufacturing Company, Philip Carey
>rporaticr., Smith and Kanzer, Briggs Manufacturing Company and
.neon Corporation; Carey Canada, Inc., Individual! y and formerly
A~?R?
7 known as Carey Canadian Mines, Ltd.; UNR industries; UN A RC O ;
any, n.a.y
._a tj Lay by the Cederai Bankruptcy Court, they
75 not caen
lated Manville companies, they have not yet been na~ec
e defendants were negligent in conducting the above
r. that despite the fact that the defender.' s knew or
sto
known that asbestos exposure could result in sertous
injury, di a s e and/or death they:
) Failed to substitute, suggest, promote or require
:e suns; iticn of materials other than asbestos;
A-2C2
8 fb) Failed to adequately warn all the potential
C V tr _ tL ri GG G o , n LI -3"z:- w>--'w*. tu - i
^ c i. *%_*. . .. o
:ra-
5 , i O c 5 L C 3 a r. G , C L'
G _ Z ~ C C o C Z" 1 C jT - 3 cr>3. __G , ct S _ G U 5 L ,
and/or exrcsurs of the plaintiff and others similarly sctuated;
asbestos :r. a manner which would minimize the escape of asbestos
'route
COUNT IV 15. -be allegations in paragraphs One (I', through. rO _r idc.. (14) are realleged and incorporated by reference within Count. 16. The defendants wilfully and wantonly for chei: own economic gain and with reckless indifference to the hea! :h and safety of the plaintiffs and others similarly situated:
A-264
9
(a) f-h~ ?uost itu*
Failed to substitute, suggest, promote or require or materials otr.er tnar. m r u a : a i 7 va;
...
i ^ p->"r
"r.c zr.1s.*s oz scss -Ca ^
(c) Failed to adequately test, research ana
_____ to rt__
and/or exposure of the plaintiff and others similarly situated; '**-3 1- '/ r* '
17.
As a direct and proximate result of the above actions
and omissions of defendants, plaintiff was injured as described Vm ^*0 in..
COUNT V
18 . hne cat.llegations ir. paragraphs One (1) through Seventeen
17) are ZT63.H6'
by rei
witr.in t m ;
Count.
A- 265
10
19 . a.3Cc535.03
bestos and asbestos-containing products are .ar.gerous and as such all defendants v/ho rade or sc zr.d crul c m-sr.; c r cc 5 S55 o~ Oir.-r cr.in^s necessary
injuries and damages which v.,ere contracted thereby 21. All defendants who assisted, directly or indirectly,
in the leasing or licensing of asbestos and all equipment
all the injuries and damages which were contracted thereby. 21. Ine handling of asbestos packages, installation,
23. As a direct and proximate result of the above action and omissions of defendants, plaintiff was injured as described herein.
COUNT VI 24. The allegations in paragraphs One (1) through Twentythree (23) are realleged and incorporated by reference within this Count.
A.-266
11
25.
The defendants knowing of significant risks of health
hazards resulting iron exposure to asbestos, did willfullv,
wantonly, recklessly and/or intentionally;
n ; ciT-i ,
Z; Failed to disclose the existence, nature and
extent of that risk.
21. Tr.e defendants had reason to expect that plaintiff,
whose -njuries were caused by his exposure, was within the class
^o 5^ io~s o v~
v/ c 'j. _ d
` ~ - d--- --
25. Tr.e defendant directly and indirectly materially misrepresented that asbestos was not hazardous and/or could be used safely when they:
a) Had no adequate basis for such representations; 'b) Knew that a significant health hazard to human life existed from asbestos.
A-267
13
; r*in
.Ci~ 1 n ^ *
:o suer, orner wronc:u_ ar.
vr^ ^ :
rom filing legal action to
:o;
.or eras':
and/or ;
final collection of any judgment.
A 3 3. IT3 ^V. 1 *1
defendants for punitive cartages. Plaintiffs further demand payment by each of the defendants
jointly and severally of the costs and attorney fees of this action.
A-268
14
Plaintiffs further demand payment by each defendant jointly and severally of interest on the above and such other relief as she Court deems just.
JAC03S & C?,TJM?LAR; P.A.
By:
Elizabeth Barnes Lewis 2 East 7th Street
1.0. Box 1271
a ilmtngton, 12 19833
(302) 56-5445
o
Attorney for P l a m t i f
/
A- 2 69
15
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NSW CASTLE COUNTY
THUR FLEETWOOD and AMN
:
EETWOCO, his wife;
:
C. & S ., I N C . , et al Defendants
N O N - A R B I T R A T ION ASBESTOS
CERTIFICATION OF VALUE Elizabeth Barnes Lewis cere:
V tor
CCS'
JACOBS & CRUMPLAR, P.A.
Wilmington, DE 1SS35 (302) 555-5445
Attorney for Plaintiffs te