Document rea8MnJ5Qnn3w4wqdqe5B96zG

IN THE CIRCUIT COURT FOR DADE COUNTY, FLORIDA 11TH CIRCUIT IN RE CONSOLIDATED ASBESTOS CASES ) ) ) . ) ) i ) CASE NO. 91-80,000(42) Amended Answers of Dana CORPROATtON TO PLAINTIFFS' MASTER Preliminary interrogatories and Requests for Prooucuon PRELIMINARY STATEMENT Dana Corporation (Dana) is a multinational corporation with thousands of employees at hundreds of plants and facilities across the country and around the world. Dana manufactures a variety of industrial and vehicular products for original equipment" manufacturers and for the aftermarket. In view of Dana's size, it would be practically impossible to inquire at every Dana plant and facility to answer these interrogatories. Necessarily, Dana must narrow the scope of its inquiry based upon the allegations of the complc-ints and the product that appears to be at issue. Tc the extent Dana can determine from the Complaints, it is apparently contended that the plaintiffs were exposed to asbestoscontaining products allegedly manufactured by the Victor Product- 1 DANA-033.001 I t Division of Dana Corporation "Victor**. Victor manufactures, inter alia, gaskets. Dana strictly limits these responses to those products and that division. Further, if the plaintiffs provide more specific information about the alleged exposure, it may be possible that more specific responses can be provided to these interrogatories. These responses are provided with the above qualifications and Dana's responses are expressly limited as noted above. To the extent these interrogatories attempt to impose an obligation upon Dana to respond on behalf of or with information in the possession of persons, businesses or entities that are not parties to this lawsuit, Dana objects to such interrogatories. Further, these interrogatories seek information about events that allegedly occurred since 1920. These responses are based upon a reasonable investigation into the relevant facts and are as accurate as. possible understanding that in the intervening years persons who may have had knowledge of the relevant facts may have died, left the employ of the company or simply forgotten events of so long ago. Dana reserves its right to modify or supplement its responses upon the discovery of new, additional or different information. GENERAL OBJECTIONS 1. Defendant objects to each interrogatory and part thereof to the extent that plaintiffs may assert that plaintiffs' definitions for words are binding on defendant or purport to impose upon defendant obligations beyond those imposed by the Rules of Civil Procedure. 2 - * I. 2. Defendant objects to each interrogatory and part thereof to the extent it calls for answers disclosing information protected by (a) the attorney-client privilege, (b) attorney-work product doctrine, (c) any applicable privilege relating to communications between counsel for defendant and counsel for other defendants in this or other cases regarding defense of the case, (d) any applicable privilege relating to communications between defendant's employees or counsel and defendant's insurers regarding the defense of this claim or claims of this type, (e) any privilege relating to confidential trade secrets, proprietary information or confidential communications with any government agency, (e) the right of privacy or (f) any other privilege. 3. Defendant objects to each interrogatory and part thereof to the extent that information sought is neither relevant to the subject matter of the pending action nor reasonably calculated to lead to the discovery of admissible evidence as it relates to defendant. 4. Defendant objects to each interrogatory and part thereof to the extent that it seeks information not within the custody and control of defendant. " 5. Defendant objects to each interrogatory and part thereof to the extent that it seeks to require answers or information, or require identification of documents, or impose obligations, beyond those permitted by the applicable Rules of Civil Procedure and local rules of Court. . 6. Defendant objects to each interrogatory and part thereof to the extent that it seeks information in a form different from -3 - +* w . . that maintained by defendant _ in the ordinary course of its business. 7. Defendant objects to each interrogatory or part thereof to the extent that it seeks information concerning or contained in documents which it objects to producing. 8. Defendant objects to each interrogatory and part thereof to the extent that it seeks to impose on defendant a discovery obligation to respond for defendant's businesses and entities not parties to this litigation. Defendant responds to these interrogatories on behalf of itself with information known to it about Victor products. Dana was incorporated under the name Spicer Manufacturing Corporation. The corporation changed its name in 1946 to Dana Corporation. There is no "predecessor" entity to * Dana. Further, because Dana is a company employing thousands of people, it would be practically impossible to inquire of all Dana's officers, directors, employees, or partners about their individual knowledge and Dana objects to doing so. 9. Defendant objects to each interrogatory or part thereof, and instructions thereto, as unreasonable, unduly burdensome or expensive, given the needs and parameters of these cases. 10. Defendant objects to each interrogatory or part thereof that seeks to determine the knowledge, familiarity, or awareness of Dana. It is not possible to state precisely if or when a corporation can be said to have such knowledge; that is a mixed question of fact and law. Defendant objects to imputing knowledge, familiarity or awareness to defendant based upon the knowledge. I 4 familiarity or awareness of an employee or employees or. agent or agents of Dana. . 11. Dana objects to each interrogatory and part thereof calling for opinions rather them facts. 12. Dana objects to each interrogatory unless plaintiffs identify a product injuring plaintiffs for which Dana is responsible. 13. Dana is a multi-national corporation with thousands of employees at plants and facilities across the nation and around the world. Dana cannot possibly be expected to answer about all the information in the possession of those thousands of employees past and present. Dana therefore objects to the definition of "you", "your", and "your Company" or "the Company". Dana answers these * interrogatories on behalf of itself with information developed after a reasonable investigation into the relevant facts. For the reasons stated in the Preliminary Statement, Dana strictly limits these answers to Victor. 14. Defendant objects to each interrogatory or part thereof to the extent that the interrogatory relates to a Dana product if the interrogatory fails to identify the precise product that ' plaintiff was, in fact, exposed to. Any such general interrogatory is overbroad and burdensome to answer and would be subject to other General Objections, e.g.. General Objection 2. The objections stated above are incorporated by reference in each response herein, as if fully set forth below. No such objection is waived by answering an interrogatory in whole or in part. 5  I. Any response provided herein is subject to and limited by all objections raised and all objections as to admissibility and all such objections are hereby expressly reserved and may be interposed at the time of trial or in response to any motion. ( I 6 PRELIMINARY INTERROGATOR!ES X. Data. Sources Please identify each person with whom you consulted or who. provided information used in answering these Interrogatories on behalf of Defendant. Additionally, provide the subject matter category that each person provided information for from the following categories if appropriate: 1. Corporate History 2. Product Information : 3. Warnings/Knowledge of Potential Danger/State of the Art/Testing/Medical or Scientific Identify each person's: A. Address; B. Position with the Defendant; RESPONSE TO MASTER INTERROGATORY 1: See Preliminary Statement and General Objections. Without waiving objections, much of the information sought by these interrogatories has been accumulated over time but not necessarily . for purposes of responding to these interrogatories. It is not possible to now identify each person who, at some time, may have provided information that is now being used to answer these interrogatories. Mark G. Hess, in-house counsel for Dana Corporation, 4500 Dorr Street, Toledo, Ohio 43615 verified the responses to these interrogatories. The responses were prepared by Toledo outside counsel. 6 oorff) 2. Corporate information Please state the following: A. This defendant's correct corporate name; B. The state of your incorporation? C. The address of your principal place of business; D. The dates and time period during which defendant held a certificate of authority to do business in the state of Florida; E. The dates and time period during which defendant regularly conducted business in Florida. RESPONSE TO MASTER INTERROGATORY 2: A. Dana Corporation ' B. Virginia C. 4500 Dorr Street, Toledo, phio 43615 D. 12/31/82 to the present. Dana reserves the right to supplement its response to this interrogatory- E. See (D) above. Dana reserves its right to supplement its response to this interrogatory. (&\uwfcj3\nari6c\MWvcrWqcio4Q 7 3. corporate History Describe in detail Defendant's complete corporate or business history for all associated business entities that were involved, in any manner, in the sale, manufacture, distribution, and/or mining of asbestos and/or asbestos containing products, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs for all associated business entities that were involved, in any manner, in the sale, manufacture, distribution, and/or mining of asbestos and/or asbestos containing products. In addition: A. ' If defendant or any of its predecessors or subsidiaries at any time purchased or assumed any of the assets and/or liabilities of any corporation or entity which at any prior time engaged in the manufacturing or sale of asbestos-containing products, then please state the following as to each acquisition: . 1. The name or description of each corporation, entity or assets acquired by Defendant, that ' entity's, state of incorporation and principal place of business, .its date of incorporation, and the name of Defendant at the time of acquisition; 2. The manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); ` 3. The date of each such acquisition; 4. The state in which each such acquisition was effected; . 5. The state law governing each such acquisition if specified by contract; and 6. How the business or financial interest in that corporation or entity ended, if it ended, (e.g. dissolved the company, sold all stock, placed subsidiary in bankruptcy, etc.) 7. List all states where entity is or was registered to do business, including the dates of registration for each state. 8 . ri-f il RESPONSE TO WASTER INTERROGATORY 3: See Preliminary statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana was incorporated in 1916 under the name Spicer Manufacturing Corporation. In 1946, the corporation changed its name to Dana Corporation, by which name it has been known ever since. In 1966, Dana acquired 10Q% of the stock of an Illinois corporation known as Victor Manufacturing & Gasket Company ("Victor"), headquartered in Chicago, Illinois. In 1967, the Victor Manufacturing & Gasket Company became the Victor Division of Dana. t .4 Asbestos/Kining Did Defendant, prior to 1980, engage in the mining, milling and/or subsequent sale of asbestos fiber? If so, please state: A. The date such activity began; s B. The years during which such activity took place; C. The date when such activity was terminated; D. If such activity was terminated, the reason why; E. Within the United States was there any geographic limitation which you claim was applicable to the sales of your asbestos (Yes or No}? If Yes state the geographical area into which you claim the asbestos was sold; and. F. Identify the organizational unit of Defendant so engaged. G. Type of asbestos mined. H. Managers of each mine and years of service. I. Identify sales and shipment records from each mine. RESPONSE TO WASTER INTERROGATORY 4: See Preliminary Statement and General Objections. Subject to and without waiving objections, Dana does not now nor has it ever mined, milled or sold asbestos fiber. 9 uotfO 5. Asbestos/Manufacture Has Defendant at any time, engaged in the nanufacture of any asbestos containing product which generic product type has been previously identified in exposure sheets in this circuit? If so, please state: A. The date such activity began; B. The years during which such activity took place; C. The date when such activity was terminated; D. If such activity was terminated, the reason why; E- Within the United States was there any geographic limitation which you claim was applicable to the sales of your asbestos containing products (Yes or No)? * If Yes state the geographical area into which you claim your asbestos containing products were sold; and. F. Identify the organizational unit of Defendant so engaged. RESPONSE TO MASTER INTERROGATORY 5: See Preliminary Statement and General Objections. Further objecting, the interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana will provide the information requested if the specific Victor product is identified. (fc\M<Vd\tloridVlin <icrtii^im1Q 10 . Asbestos/Sales Has Defendant: at any tine, engaged, in the marketing and/or sale of any asbestos containing product which generic product type has been previously identified in exposure sheets in this circuit? If so, please state: ' A. The date such activity began; B. The years during which such activity took place; C. The date when such activity was terminated; D. If such activity was terminated, the reason why; E. Within the United States was there any geographic limitation which you claim was applicable to your sales of asbestos containing products (Yes or Ho)? If Yes state ttie geographical area into which you claim you sold asbestos containing products; and. F. Identify the organizational unit of Defendant so engaged. ' G. Identify all sales managers and the years during which they served. . RESPONSE TO MASTER INTERROGATORY 6: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly ` burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana will provide information known to it if the specific Victor product is identified. nnff) 7. Asbestos/Distributor ' Has Defendant at any tine, engaged in the marketing and/or sale of any asbestos containing product, which generic product type has been previously identified in exposure sheets in this circuit, manufactured in whole or in part by an unrelated business entity? If so, please state: A. The name and address of the unrelated business entity; . B. The product's trade and/or brand name; C. The years during which su'-h activity took place; D. Identify the organizational unit of Defendant, or the associated business entity so engaged. . E. Within the United States was there any geographic limitation which you claim was applicable to each distributor and/or wholesaler (Yes or No)? If Yes state the geographical area which you claim was applicable to each distributer and/or wholesaler; and, F. Whether there was a written distributorship agreement; G. Whether the distributorship was exclusive; H. Identify all documents pertaining to .the distributor or wholesaler relationship and., the custodian thereof; ` I. The ratio of sales to distributors compared to direct sales to consumers. J. List of sales records or shipments to each distributor or wholesaler. , (f:texta]\Aand*Vacoer\ra(MadO 12 RESPONSE TO MASTER INTERROGATORY 7: . See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana will provide information known to it if the specific Victor product is identified. IN THE CIRCUIT COURT FOR DADE COUNTY, FLORIDA ' 11TH CIRCUIT IN RE CONSOLIDATED ASBESTOS CASES ) ) ) . ) ) `) CASE NO. 91-80,000(42) Amended Answers of Dana CORPROATION TO PLAINTIFFS* MASTER Preliminary Interrogatories and Requests for Production PRELIMINARY STATEMENT Dana Corporation (Dana) is a multinational corporation with thousands of employees at hundreds of plants and facilities across the country and around the world. Dana manufactures a variety of industrial and vehicular products for original equipmentmanufacturers and for the aftemarket. In view of Dana's size, it would be practically impossible to inquire at every Dana plant and facility to answer these interrogatories. Necessarily, Dana must narrow the scope of its inquiry based upon the allegations of the complaints and the product that appears to be at issue. To the e'-tent Dana can determine from the Complaints, it is apparently contended that the plaintiffs were exposed to asbestoscontaining products allegedly manufactured by the Victor Product- Division of Dana Corporation "Victor'*. Victor manufactures, inter alia, gaskets. Dana strictly limits these responses to those .. products and that division. Further, if the plaintiffs provide more specific information about the alleged exposure, it may be possible that more specific responses can be provided to these interrogatories. These responses are provided with the above qualifications and Dana's responses are expressly limited as noted above. To the extent these interrogatories attempt to impose an obligation upon Dana to respond on behalf of or with information in the possession of persons, businesses or entities that are not parties to this lawsuit, Dana objects to such interrogatories. Further, these interrogatories seek information about events that allegedly occurred since 1920. These responses are based upon a reasonable investigation into the relevant facts and are as accurate . as. possible understanding that in the intervening years persons who may have had knowledge of the relevant facts may have- died, left the employ of the company or simply forgotten events of so long ago. Dana reserves its right to modify or supplement its responses upon the discovery of new, additional or different information. GENERAL OBJECTIONS 1. Defendant objects to each interrogatory and part thereof to the extent that plaintiffs may assert that plaintiffs' definitions for words are binding on defendant or purport, to impose upon defendant obligations beyond those imposed by the Rules of Civil Procedure. 2 ' 2. Defendant objects to each interrogatory and part thereof to the extent it calls for answers disclosing information protected by (a) the attorney-client privilege, (b) attorney-work product doctrine, (c) any applicable privilege relating to communications between counsel for defendant and counsel for other defendants in this or other cases regarding defense of the case, (d) any applicable privilege relating to communications between defendant's employees or counsel and defendant's insurers regarding the defense of this claim or claims of this type, (e) any privilege relating to confidential trade secrets, proprietary information or confidential communications with any government agency, (e) the right of privacy or (f) any other privilege. 3. Defendant objects to each interrogatory and part thereof to the extent that information sought is neither relevant to the subject matter of the pending action nor reasonably calculated to . lead to the discovery of admissible evidence as it relates to defendant. - 4. Defendant objects to each interrogatory and part thereof to the extent that it seeks information not within the custody and control of defendant. 5. Defendant objects to each interrogatory and part thereof to the extent that it seeks to require answers or information, or require identification of documents, or impose obligations, beyond those permitted by the applicable Rules of Civil Procedure and local rules of Court. 6. Defendant objects to each interrogatory and part thereof to the extent that it seeks information in a form different from -3 that maintained by defendant # in the ordinary course of its business. 7. Defendant objects to each interrogatory or part thereof to the extent that it seeks information concerning or contained in documents which it objects to producing. 8. Defendant objects to each interrogatory and part thereof to the extent that it seeks to impose on defendant a discovery obligation to respond for defendant's businesses and entities not parties to. this litigation. Defendant responds to these interrogatories on behalf of itself with information known to it about victor products. Dana was incorporated under the name Spicer Manufacturing Corporation. The corporation changed its name in 1946 to Dana Corporation. There is no "predecessor" entity to Dana. Further, because Dana is a company employing thousands of people, it would be practically impossible to inquire of all Dana's officers, directors, employees, or partners about their individual knowledge and Dana objects to doing so. 9. Defendant objects to each interrogatory or part thereof, and instructions thereto, as unreasonable, unduly burdensome or expensive, given the needs and parameters of these cases. 10. Defendant objects to each interrogatory or part thereof that seeks to determine the knowledge, familiarity, or awareness of Dana. It is not possible to state precisely if or when a corporation can be said to have such knowledge; that is a mixed question of fact and law. Defendant objects to imputing knowledge, familiarity or awareness to defendant based upon the knowledge. 4 4. familiarity or awareness of an employee or employees or. agent or agents of Dana. 11. Dana objects to each interrogatory and part thereof calling for opinions rather than facts. 12. Dana objects to each interrogatory unless plaintiffs identify a product injuring plaintiffs for which Dana is responsible. 13. Dana is a multi-national corporation with thousands of employees at plants and facilities across the nation and around the world. Dana cannot possibly be expected to answer about all the information in the possession of those thousands of employees past and present. . Dana therefore objects to the definition of "you", "your*1, and "your Company" or "the Company". Dana answers these interrogatories on behalf of itself with information developed after a reasonable investigation into the relevant facts. For the reasons stated in the Preliminary Statement, Dana strictly limits these answers to Victor. 14. Defendant objects to each interrogatory or part thereof to the extent that the interrogatory relates to a Dana product if the interrogatory fails to identify the precise product that plaintiff was, in fact, exposed to. Any such general interrogatory is overbroad and burdensome to answer and would be subject to other General Objections, e.g.. General Objection 2. . The objections stated above are incorporated by reference in each response herein, as if fully set forth below. No such objection is waived by answering an interrogatory in whole or in part. 5 Any response provided herein is subject to and limited by all objections raised and all objections as to admissibility and all such obj ections are hereby expressly reserved and may be interposed at the time of trial or in response to any motion* 6 PRELIMINARY INTERROGATORIES 1 Data sources Please identify each person with whom you consulted or who provided information used in answering these Interrogatories on behalf of Defendant. Additionally, provide the subject matter category that each person provided information for from the following categories if appropriate: 1. Corporate History 2- Product Information ' 3. Warnings/Knowledge of Potential Danger/State of the Art/Testing/Medical or Scientific Identify each person's: A. Address; B. Position with the Defendant; RESPONSE TO MASTER INTERROGATORY 1; See Preliminary Statement and General Objections. Without waiving objections, much of the information sought by these interrogatories has been accumulated over time but not necessarily for purposes of responding to these interrogatories. It is not possible to now identify each person who, at some time, may have provided information that is now being used to answer these interrogatories. Mark G. Hess, in-house counsel- for Dana Corporation, 4500 Dorr Street, Toledo, Ohio 43615 verified the responses to these interrogatories. The responses were prepared by Toledo outside counsel. 6 2. Corporate Information Please state the following: A. This defendant's correct corporate name; ." B. The state of your incorporation; C. The address of your principal place of business; D. The dates and time period during which defendant held a certificate of authority to do business in the state of Florida; E. The dates and time period during which defendant regularly conducted business in Florida. RESPONSE TO MASTER INTERROGATORY 2: A. Dana Corporation ' B. Virginia C. 4500 Dorr Street, Toledo, phio 43615 D. 12/31/82 to the present. Dana reserves the right to supplement its response to this interrogatory. E. See (D) above. Dana reserves its right to supplement its response to this interrogatory. (KWkidtftaMMiMV.arVactfarfO 7 3. Corporate History Describe in detail Defendant's complete corporate or business history for all associated business entities that were involved, in any manner, in the sale, manufacture, distribution, and/or mining of asbestos and/or asbestos containing products, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs for all associated business entities that were involved, in any manner, in the sale, manufacture, distribution, and/or mining of asbestos and/or asbestos containing products. In addition: A. If defendant or any of its predecessors or subsidiaries at any time purchased or assumed any of the assets and/or liabilities of any corporation or entity which at any prior time engaged in the manufacturing or sale of asbestos-containing products, then please state the following as to each acquisition: .. 1. The name or description of each corporation, entity or assets acquired by Defendant, that ' entity's, state of incorporation and principal place of business, its date of incorporation, and the name of 'Defendant at the time of acquisition; 2. The manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); 3. The date of each such acquisition; 4. The state in which each such acquisition was effected; . 5. The state law governing each such acquisition if specified by contract; and 6. How the business or financial interest in that corporation or entity ended, if it ended, (e.g. , dissolved the company, sold all stock, placed subsidiary in bankruptcy, etc.) 7. List all states where entity is or was registered to do business, including the dates of registration for each state. 8 RESPONSE TO MASTER INTERROGATORY 3? - See Preliminary Statement and General Objections. , Further objecting, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana was incorporated in 1916 under the name Spicer Manufacturing corporation. In 1946, the corporation changed its name to Dana Corporation, by which name it has been known ever since. In 1966, Dana acquired 100% of the stock of an Illinois corporation known as Victor Manufacturing & Gasket Company (''Victor'*), headquartered in Chicago, Illinois. In 1967, the Victor Manufacturing & Gasket company became the Victor Division of Dana. I 4. - Asbestos/Mining ' Did Defendant, prior to 1980, engage in the mining, milling and/or subsequent sale of asbestos fiber? If so, please state: A. The date such activity began; B. The years during which such activity took place; C. The date when such activity was terminated; . D. If such activity was terminated, the reason why; E. Within the United States was there any geographic limitation which you claim was applicable to the sales of your asbestos (Yes or No)? If Yes state the geographical area into which you claim the asbestos was sold; and, F. Identify the organizational unit of Defendant so engaged. G. Type of asbestos mined. H. Managers of each mine and years of service. I. Identify sales and shipment records from each mine. RESPONSE TO MASTER INTERROGATORY 4: See Preliminary Statement and General objections. Subject to and without waiving objections, Dana does not now nor has it ever mined, milled or sold asbestos fiber. 9 I S. Asbestos/Manufacture Has Defendant at any tine, engaged in the manufacture of any asbestos containing product which generic product type has been previously identified in exposure sheets in this circuit? If so, please state: ^ A. The date such activity began; B. The years during which such activity took place; C. The date when such activity was terminated; D. If such activity was terminated, the reason why; E. Within the United States was there any geographic limitation which you claim was applicable to the sales of your asbestos containing products (Yes or No)? * If Yes state the geographical area into which you claim your asbestos containing products were sold; and. F. Identify the organizational unit of Defendant so ' engaged. RESPONSE TO MASTER INTERROGATORY 5: See Preliminary Statement and General Objections. Further objecting, the interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana will provide the information requested if the specific Victor product is identified. {f:touto3Ulorid*UMeam*VqcodQ 10 6. Asbestos/Sales - Has Defendant at any tine, engaged in the marketing and/or sale of any asbestos containing product which generic product type has been previously identified in exposure sheets in this circuit? If so, please state: A. The date such activity began; B. The years during which such activity took place; C. The date when such activity was terminated; D. If such activity was terminated, the reason why; E. Within the United States was there any geographic limitation which you claim was applicable to your sales of asbestos containing products (Yes or No)? If Yes state the geographical area into which you claim you sold asbestos containing products; and. F. Identify the organizational unit of Defendant so engaged. G. Identify all sales managers and the years during which they served. . RESPONSE TO MASTER INTERROGATORY 6: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly ' burdensome and not reasonably calculated to lead to the discovery of admissible evidence. . subject to and without waiving objections, Dana will provide information known to it if the specific Victor product is identified. 11 7. Asbestos/Distributor Has Defendant at any tine, engaged in the marketing and/or sale of any asbestos containing product, which generic product type has been previously identified in exposure sheets in this circuit, manufactured in whole or in part by an unrelated business entity? If so, please state: A. The name and address of the unrelated business entity; . B. The product's trade and/or brand name; C. The years during which su'-h activity took place; D. Identify the organizational unit of Defendant, or the associated business entity so engaged. E. Within the United States was there any geographic limitation which you claim was applicable to each distributor and/or wholesaler (Yes or No)? ' . If Yes state the geographical area which you claim was applicable to each distributor and/or wholesaler; and, F. Whether there was a written distributorship agreement; G. Whether the distributorship was exclusive; H. Identify all documents pertaining to .the distributor or wholesaler relationship and., the custodian thereof; ' I. The ratio of sales to distributors compared to direct sales to consumers. J. List of sales records or shipments to each distributor or wholesaler. nodQ 12 RESPONSE TO MASTER INTERROGATORY 7; See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana will provide information known to it if the specific Victor product is identified. i i ii i I i 8 . Asbestos/Rebranding Has Defendant at any tine, engaged in the rebranding of asbestos containing products, vhich generic product type has been previously identified in exposure sheets in this circuit, manufactured in whole or in part by an unrelated business entity? If so, please state: . A. The name and address of the unrelated business entity; B. The product's original trade and/or brand name; C. Who performed the physical rebranding and where it was accomplished; D. The years during which such activity took place; E. Brand name and/or trade name after the product was rebranded; F. User or seller of the product after rebranding; G. Identify the organizational unit of Defendant so engaged. RESPONSE TO MASTER INTERROGATORY 8: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Victor marketed a product which was an "engine gasket rebuilding kit," certain types of which contained the product of other gasket manufacturer(s) as well as gaskets manufactured by Victor. Dana will provide further information known to it if the specific Victor product is identified. 13 9. Asbestos/Sales to Manufacturer . Has Defendant at any time, engaged in the sale of asbestos containing products, which generic product type has been previously identified in exposure sheets in this circuit, to an unrelated business entity that was engaged in the manufacture of asbestos' containing products? If so, please state: A. The name and address of the unrelated business entity; B. The product's trade and/or brand name that was sold; . C. The years during which such activity took place; D. Identify the organizational unit of Defendant so engaged. E. List each sales office of your asbestos-containing products and for each please state: (1} Name and address; (2) Geographical areas for which each sales office was responsible; (3) Identify all managers and the years during which they served; - (4) Identify all sales personnel .and the years during which they served, and describe each person's sales jurisdiction or responsibility; (5) Identify sales records or shipment records for each sales office and the custodian thereof. 14 RESPONSE TO MASTER INTERROGATORY..9;. See Preliminary Statement and General Objections. Further objecting# this interrogatory is overly broad# unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections# Dana will provide the information requested if the specific Victor product is identified. Victor manufactures over 60#000 different types of gaskets. 10. Asbestos/Sales bo Government or Government Agencies Did this Defendant ever sell or cause to be sold any of its asbestos-containing products, identified on exposure sheets filed in this circuit, to (1) the United states Government; (2) the United States Air Force; (3) . Army Air Force? (4) United States Army; (5) United States Navy; (6) United States Marine corps; (7} General Services Administration; (8) Department of Defense; or (9) or any other agency operated by the Untied States Government? If so, please provide the following: A. The names and last known address of the governmental agency; B. Whether there was a written contract or sales agreement; . C. Identify all documents pertaining to the governmental contracts or agreements and custodian of said documents; D. Whether the formula used for the manufacture of the product was the same as the formula used for the manufacture, sale or distribution of the product to non-governmental customers; E. The extent to which sales to governmental agencies were handled through distributors or wholesalers as opposed to direct sales by Defendant; F. The extent to which the physical appearance of the product sold or distributed to a governmental agency differed from the physical appearance of the product sold or distributed to non-governmental customers; G. The extent to which the packaging and/or labelling of the product sold or distributed to - a governmental agency differed from the packaging or labelling of the product sold or distributed to non-governmental customers; H. Identify Sales and shipment records for each governmental agency and the custodian thereof. 15 RESPONSE__TO MASTER INTERROGATORY..10: See Preliminary Statement and General Objections. -Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, see response to Interrogatory 6, supra. 11. Asbestos/Salas Through Licensees If any of this Defendant's asbestos-containing products, which generic product type has been previously identified in exposure sheets in this circuit, reached the consumer through licensees, please provide the following: - A. The names and last known address of licensees; B. The years each licensee was licensed to sell, distribute or manufacture this Defendant's asbestos-containing products; . C. Within the United States was there any geographic limitation which you claim was applicable to each licensee (Yes or No) ? If Yes state the geographical areas for which each licensee was permitted to sell, manufacture or distribute this Defendant's asbestos-containing products; and, D. Describe the terms and conditions of each licensee agreement entered into between this Defendant and licensee insofar as manufacture, sale, and distribution of asbestos-rcontaining products; E. List of products each licensee was permitted to sell or manufacture; F. Identify all documents pertaining to the licensee relationship and the custodian thereof; G. Whether or not sales to consumers in each area were made exclusively through licensee. RESPONSE TO MASTER INTERROGATORY 11; See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, not applicable. 16 12. Asbestos/Facilities For the period 1920 to date, or during the period that Defendant mined, manufactured, sold or distributed asbestos containing products, whichever period is less, state the following regarding each facility that was used by you as a mining, milling, manufacturing, processing, distribution or marketing facility for asbestos containing products; A. The name and address of the building, mine, mill or facility; B. The inclusive dates the facility was in operation; and. C. The function of the facility (e.g., manufacturing, warehousing, mine, sales office, etc.) D. Plant managers and years of management; E. Name and type of asbestos-containing products manufactured or processed at each facility; F. Identify shipment records for each facility and the custodian thereof; G. If asbestos was mined and sold to any other entity besides this Defendant, please provide list of those entities. RESPONSE TO MASTER INTERROGATORY 12: See Preliminary statement and General objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, see response to Interrogatory 14(1). 17 13* - Answering Defendant*s Asbestos Containing Products Using the format set out below, answer the following interrogatory. The main purpose of this interrogatory is to first, obtain basic information concerning asbestos-related products, which generic product type has been previously . identified in exposure sheets in this circuit, with which the answering defendant and its associated business entities were involved, and second, to identify the number of " Interrogatory Response Sheets" the answering defendant must complete. Provide the following information for each asbestos-containing product, which generic product type has been previously identified in exposure sheets in this circuit, with which this answering defendant was involved: A. The name of the associated business entity so involved; B. The Product Trade Name of the asbestos product(s) with which the entity was involved (See the definition of vProduct Trade Name" at interrogatory number 14(B)); C. The type(s) of involvement the entity had with asbestos-containing products (See the definition of "involvement" at interrogatory number 14(E)); D. Identify the inclusive years of each type of product involvement (e.g., If the entity manufactured and distributed the product, list both types of involvement and the years that correspond . to such involvement); Use the following format. Please work through all of the asbestos-containing products with which one associated business entity was involved before working through all of the asbestos-containing products with which a different associated business entity was involved. (fcVii(W3UViri<ttfrrii,n\n|mlO 18 FORMAT (Repeat this format for each product with which each associated business entity was involved) (a) Associated Business Entitv (b) Product Trade Name . (c) Type(s) of Involvement (d) Years of Each Type of Involvement EXAMPLE (a) Associated Business Entitv Company Q <b) Product Trade Name Product E (c) Type(s) of Involvement Manufacturer Distributor Labeler Rebrander (d) Years of Each Tvt>e of Involvement 1957-1973 1957-1973 1957-1973 1960-1965 (a) Associated Business Entitv Company Q (b) Product Trade Name Product F (c) Type(s) of Involvement Rebrandee Labelee (d) Years of Each Tvr>e of Involvement 1953-1962 1957-1973 (a) Associated Business Entitv Company R (b) Product Trade Name Product E (c) Type(s)* of Involvement Rebrandee (d) Years of Each Tvoe of Involvement 1960-1965 * Note that if different entities are involved with the same asbestos-containing products the asbestos-containing product is to be addressed in the responses for each such business entity, including the answering defendant if applicable. 19 I RESPONSE TO MASTER INTERROGATORY 13: See Preliminary Statement and General Objections. Further objecting, this interrogatory and its instructions are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Victor has been in business since 1909 and there are over 60,000 different types of gaskets manufactured by Victor. Without more specific information provided by the plaintiff concerning the products to which exposure is claimed, this defendant objects to providing the information sought by this interrogatory. 14. Product Information Following this page is a proposed "Interrogatory Response Sheet" and definitions, examples and instructions dealing with the completion of this question. . For each and every asbestos-containing product, which generic product type has been previously identified in exposure sheets in this circuit, with which you were involved, as previously identified in responding to the previous interrogatory, please answer the following. A separate response is to be provided to this question for each and every asbestos-containing product with which the responding defendant was involved. If different entities were involved with the same asbestoscontaining products the asbestos-containing product is to be addressed in a response to this question for each such business entity, including the answering defendant if applicable. *For example if pipe covering is a generic product type that has been previously identified in exposure sheets filed in this circuit, then the answering defendant is to provide information regarding all types of pipe covering manufactured, sold and/or distributed by defendant regardless of whether a specific types of pipe covering manufactured, distributed and/or sold by defendant has been identified in exposure sheets in prior litigation in this circuit. In contrast if ironing board covers are a product that have not been identified in exposure sheets filed in this circuit then the defendant need not provide information regarding this product type. 20  INTERROGATORY RESPONSE SHEET Associated Business Entity . Product Trade Mane ' . ....- ________________ Product Generic Name ..................................................................................................... Generic Product Type ......................................................................................................... Product Involvement(s) ____________________________________________________ (1) Approximate Asbestos Content By Weight _1to Type of Asbestos by % _________________________________________________ (2) Approximate Asbestos Content By Volume ` __________|to_______ Type of Asbestos by % Product Years ________L| ________j_______________ { Intended Uses Manufacturing Sites J '::i; * :! ________________________________________L_______________ !: Sizes : to ; Product Color (s) ||J1 Product Packaging' 21 Geographic Limitation (Yes/No)? If Yes# Shipments Northeast ___ ___ ___ ___ ___ _ MA NH ME NY VT R* CT Kideast OH VA WV KY Southeast FL NC SC TN AL GA MS Southwest TX CO NM MT AR AZ LA OK Midwest MI IL IN MO WI MN ND SD West CA NV OR ID WA MT HI AK East PA DE NJ MD DC Other VI GO PR A- Product Literature ___________ 0. Product Picture(s) Package Picture(s) ___________ Q. Product Sample ___ Trademark Name(s) Patent Number(s) Product Alteration (tVwVdUlailiUiiconrtntMM 22 Associated Business Entity _. . ; . .. Definition: The name of the business entity as identified in the previous Interrogatory that had any involvement (as defined in Subpart E) with the asbestos-containing product. Example: Associated Business Entity Associated Business Entity Associated Business Entity The Ruberoid Co. Baldwjn-Hill Company None Instructions: Complete this interrogatory with the name of an Associated Business Entity that corresponds to this product as disclosed in the previous Interrogatory. where the answering defendant, rather than an Associated Business Entity, was involved with this asbestos-containing product, type "none" on this line. 23 Product Trade Name ___ Definition: The full name of the asbestos containing product by which it was marketed. Generally, this would be the name of the product as it appeared on the product, its packaging or its promotional material. Where all, or part of the product name is trademarked, that name should be included in the product trade name. Instructions: Where a product trade name represents more than one product, or a line of products, complete separate "Interrogatory Response sheets" for each such product to the extent reasonable and necessary so as to provide as much information as possible regarding each such product or product line. Where information concerning more than one product or a product line is condensed on one "Interrogatory Response Sheet", explain, on a separate sheet of.paper why you did so. Examples: Product Trade Name BEH Super Powerhouse Cement Product Trade Name Gold Bond Asbestone Economy 250 Product Trade Name K-Fac Insulation Blocks Product Trade Name Armstrong Accobest AS-8Q73 Product Trade Name Armstrong Accobest AS-474 . Further Instructions: . Where the product name is "generic". that is, it does not have a trade name by which it was sold, then list the product's generic name but preface the generic name with the name of the entity most closely associated with that generic product. The entity most closely associated with that, product would be the entity's name that would appear with the product, product package, or product promotional literature. . If no such association exists, then the name of the manufacturer 'of--'' that generic product should be used. .... Further Examples: Product Trade Name Product Trade Name Product Trade Name Product Trade Name Ruberoid Asphalt Saturated Asbestos Jacket Amatex Asbestos Woven Tape Armstrong Perforated Asbestos Board Celotex Perforated Asbestos Board Weatherproof 24 Product Generic Mane ' . Definition: The name by which this type or species of product was routinely called. Generally, this name would be the generic name of a product (without the name of the entity most closely associated with that generic product) Examples: ' Product Trade Name Carevstone Asbestos-Cement Siding Product .Generic Name Asbestos Cement Siding Product Trade Name Gold Bond Asbestone Economy 250 Product Generic Name Corrugated Siding and Roofing ' Product Trade Name K-Fac Insulation Block Product Generic Name Insulation Block Product Trade Name Armstrong Perforated Asbestos Board " Product Generic Name Perforated Asbestos Board 25 Generic Product Type _______________________________ . Definition: ' The name by which this group of products was most routinely called. Examples: ' Product Generic Name Insulating Cement Product Category Cement Product Generic Name Corrugated Siding and Roofing Product Category Roofing/Siding Product Generic Name Hi-temp Block Product Category Block ' . Product Generic Name Perforated Asbestos Board Product Category Board Further instructions: - To the extent reasonable, the following categories of products should be used. Where a product fits as readily in one category as another (e.g., corrugated siding and roofing), both categories can be listed as is shown above. . Adhesives Automotive Brake Automotive Clutch Block . Board ' Boiler Cement Cable Cement Cement Board Cement Pipe . Cement Sheets Cement Shingles Cloth Clothing Cord - Cork Products Electrical Products Felts Fiber Floor Tile CATEGORIES Friction Paper Caskets Pipe Covering Rome Use Plaster Mot tops Refractory luher Rollboard Millboard Roofing Mon Automotive Breke Rope Mon Automotive Clutch Siding Pecking Spray Materials Peint Speckling Talc Tape Textiles Uallboard Wall Covering Uick Hire . If none of the above categories are appropriate, note "other" and use your own words to describe the category of product. 26 E. Product Involvement(s) ___ Definition: Any involvement, association, or relationship you had with an asbestos containing product as a miner of asbestos, manufacturer of an asbestos containing product, seller of an asbestos containing product, distributor of an asbestos containing product, rebrander of an asbestos containing product, rebrandee of an asbestos containing product, labeler of an asbestos containing product, labelee of an asbestos containing product, or some other relationship. Further Definitions: A miner of an asbestos containing product is any entity that takes asbestos from the earth for commercial sale or distribution. A manufacturer of an asbestos containing product is any entity that manufactures, any product that incorporates asbestos into that product, or who in any way processes or packages asbestos or an asbestos containing product. A distributor of an asbestos .containing product is any entity who ships or in any way directs shipments of an asbestos containing product. . A rebrander of an asbestos containing product is any entity that manufactures processes, or packages asbestos or an asbestos containing product but which places the name of another entity or the name of a product with which another entity is involved on that product or product package. A rebrand ee of an asbestos containing product is any entity for which asbestos or an asbestos containing - product is manufactured, processed, or packaged by another entity, which other entity places the name of .the rebrandee or the name of a product with which the rebrandee is involved on the product or product package. A labeler of asbestos or an asbestos containing product is any entity that places its business name anywhere on an asbestos containing product or package that it manufactures, distributes, sells or rebrands for itself or any entity. A labelee of asbestos or an asbestos containing product is any entity for whom its business name is placed ;f:WfVi3\norilV4ifCTwtVot(vW) 27 anywhere on an' asbestos containing product or package that is manufactured, sold, or rebranded by any entity. Some other association or relationship with an asbestos containing product other than as a miner, manufacturer, distributor, rebrander, rebrandee, labeler or labelee. . instructions: . For each asbestos containing product with which you were in any way involved, indicate the type or types of relationships you had at any time with that product, noting on line E the code or codes for such relationship. These involvements should be the same as were listed in the previous interrogatory. Use the following codes: Miner (Mr) Rebrander (Rr) Labeler (Lr) Distributor (Dr) . Manufacturer (Mf) Rebrandee (Re) Labelee (Le) Other (Ot) Examples: .. Product Involvements Mf Rf Lr Dr Product Involvements fir 28 P. (1) Approximate Asbestos Content by Weight I to_______ Type of Asbestos by % ____________________________________________ Definition: The usual weight of_th_e asbestos in the product divided by the total weight of the product expressed as a .percent. Additionally, provide a listing of all types of asbestos, including contaminants found in the product, as supplied to end users and for each type provide the percentage by weight of each type per unit of product. Instructions: Where the asbestos content has varied to any significant degree over time in a particular product, indicate the range of asbestos content in the appropriate section of the answer. If little change occurred over time, write HN/A" in those sections. In the first part of the answer, whether or not the asbestos content varied, indicate what you believe would be the usual, most representative content over time. In the second part of the answer, note the range of asbestos content over time. * When stating the percent of asbestos by weight, exclude any water added as part of the formulation and in application of the product. Use the following two letter codes when responding to this interrogatory: ' " y for crysotile - As for amosite . - Ce for crocidolite - Tr for tremolite - Ot for any other type of asbestos . ...... * - N/A for not applicable Example: Approximate Asbestos Content by weight 10% 1 n/a to n/a Approximate Asbestos Content by weight 10% I 3% to 12% Type of Asbestos by % Cv - 10%, Tr - 1% (2) Approximate Asbestos Content by Volume 29 ( to Type of Asbestos by % '______________________- ''_______ Definition: ' The usual volume of the asbestos in the product divided by the total volume of the product expressed as a percent. Additionally, provide a listing of all types of asbestos, including contaminants found in the product, as supplied to end users and for each type provide the percentage by volume of each type per unit of product. 30 G. Product Years t1iI .................................................................................................... Definition: Inclusive dates of all types of involvement with the asbestos containing product, expressed in years. V . ' '` ' ` instructions: Indicate in the first half of the space, the year you, or the relevant associated business entity first became involved with the asbestos containing product. On the second half of the space, indicate the last year of involvement with that asbestos containing product. If the involvement with the asbestos containing product was not continuous through all years, use the additional spaces provided to represent such years of involvement. if .the involvement with an asbestos containing product lasted for only one year or part of one year, note the same year in both halves of the space. If the involvement continues to this time, note "P" for present in the appropriate space. . Type: N/A | K/A. (not applicable) on any unused spaces. Example: Product Years 1948 | 1972 1975 ) 197S N/A ] K/A N/A \ N/A product Years 1936 1 1953 1955 I 1963 1966 \ 1970 1972 |P 31 H Intended Uses Definition: Provide any limitations on the intended use of the product, including the temperature ranges for which the product was recommended. ;\i .. .*1 32  I. Manufacturing Sites: !i Definition: 1 i 1 All locations, and time periods at and during which the product was manufactured during your involvement with the product. . Instructions: On the first half of the line indicate the city and state, or city and province or the like, at which the product was manufactured. On the second half of the line, indicate the inclusive years of manufacture. . Example: * . Manufacturing Sites Norfolk. VA | 1940-1970 Manufacturing Sites Milwaukee. WX | 1962-1969 Peoria. IL \ 1967-1973 Manufacturing Sites Glendale. IL I 1967-1970 Glendale. IL | 1972-1976 Manufacturing Sites Conrad. PT | 1936-1942 Ida. IXi I 1942-1950 Ida. IL \ 1952-1969 (litoiWIWoridiUiiMwi^ .rxtf) 33 J. Sizes ._________________________ to .______ Definition: ' The generally produced sizes_and shapes of the product as sold to the end user, noting the smallest to the largest standard sizes. " Respond additionally to this interrogatory by providing information as to the packaging of the product when providing information regarding the product*s size. (e.g. 25-75 lb. bags of cement, etc.) instructions: In completing this information, note the smallest standard sizes or weights first, then the largest standard sizes or weights. Use the following abbreviations as appropriate. - "C" for circumference - "D" for diameter - "G" for gauge - "H" for height - "L." for length - "P" for pounds "T" for thickness - "W" for width If the suggested abbreviations are inappropriate, type out the most useful size or* weight description on the spaces provided or on a separate sheet of paper, identifying that entry as " Interrogatory Response (14) (J), Sizes" and attach that sheet to the Interrogatory Response Sheet. Examples: Sizes D2, L12". Tl/2" to D24". L48". T2* Sizes 10 P sacks to 100 P sacks 34 K. Product color(s) i 1 1 1 Definition: The basic colorfs) of the product. Where the product line had the sane basic product in a variety of colors, the five most popular colors or color combinations. Instructions: A piece of product may be single-colored or multi colored. Different pieces of the same product may be designed to show different colors (e.g., floor tile) or the color may have changed from time to time. The above lines are to be completed as follows: Zf the product was one color, complete the first half of the first line only. Note: "N/A" on the second half of the lines, and N/A ( N/A on all other lines* . If the product was one color, but that color changed from time to time, complete the first half of as many lines as there were color changes (up to five). Note: "N/A" on the second half of the lines, and N/A \ N/A on all other lines. Xf the product line included multi-colored pieces indicate the two most prominent colors by using both sides of the line. Up to five multi-colored products can be noted.- If there were more than five colors, or five color combinations, note the most frequently made color(s). Try to limit your responses by using the following colors. Use the two-letter codes provided. Generally, do not. separately identify shades of the same color. If the following colors are inadequate to describe a product color, type in what you believe is the proper color name(s). - Gray (Gy) - Black (Bk) - White (Wh) - Red (Rd) - Blue (Bl) - Violet (Vt) - Green (Gr) - Pink (Pk) - Brown (Br) - Yellow (Yw) - Orange (Or) - Tan (Tn) 35 Example: - ' Product: Color(s) GvlK/A BHitiZA HhU?/A K/Alli/A K/ftlP/ft Product Color (s) GvlBk Bk|N/A H/M.K/A H/AlNZA K/Al^/A Product Color (s) Wh|Rd WhlBK Wftjpj HkUE .Ml I Of (f;WAaJVflaodVrnrli fK) 36 L Product Packaging Definition: The most frequently used containers in which the product was packaged. Instructions: . To the extent possible, use the following codes as set forth below in responding to this interrogatory. Where no code is applicable, type the kind of container or packaging. Provide up to five types of containers, listing where known, the most frequently used container first, second most frequently used container, next, etc. Type N/A on any unused line. Cardboard box (CB) Metal Drum (MD) Wooden box (WB) Cardboard drum(CD) Plastic box (PB) Plastic drum (PD) Other box (OB) Other drum (OD) Bound Bundles (BB) Pallets (PT) Wooden Spools (WL) Paper Spools (PL) Other spools (OL) Burlap sack (BS) Cloth sack (CS) Paper sack (PS) Plastic sack (KS) Other sack (05) Plastic Spools (PL) Example: ^ Product Packaging Product Packaging Product Packaging Wg N/A CD N/A N/A CS KS PS N/A N/A OS N/A N/A N/A N/A ((Mii)UlndtUiima\n|dO 37 M . Within the United States was there any geographic limitation which you claim was applicable to the sale of this product (Yes or No)? ' Geographic Limitation (Yes/KO}? __________ . If Yes state the geographical area which you claim was applicable to this product. Shipments Northeast; ___ ___ ___ ___ ___ ___ ___ MA NH ME NY VT RI CT Mideast; ___ ___ ___ ___. OH VA WV XY Southeast; ___.* __ ___ ___ ___ ___ ___ FL NC SC TN AL AG MS . Southwest; ___ ___ ___ ___ ___ ___ ___ ___ TX CO NM UT AR AZ LA OK Midwest; ___ ___ ___ ___ ___ __b ___ ___ ___ ___ ___ ___ MI IL IN MO WI MN ND SD WY NB KA 10 West; ___ ___ ______________ ___ ___ ___ CA NV OR ID WA MT HI AK East; ... . ___ ___ ___ ___ ___ PA DL NJ MD DC . Other; ___ ___' ___ _______ VI GU PR OTHER Definition: Identify those states, possessions, etc. to which your product was ever shipped, was never shipped or it is unknown to you as to whether your product was ever shipped there, if you claim a geographical limitation. Instructions: Identify those areas to which you know any product was ever shipped by marking an X on the appropriate line for that state, territory, etc.. (CViiAd\llaiUiUianHrtig|ud) 38 Identify those areas to which you know any product was never shipped by marking an 0 on the appropriate line for that state, territory, etc.. Identify those areas about which you have no information as to whether any product was ever shipped by marking a "?" on the appropriate line for that state, territory, etc.. "Other" means any geographical area not identified by the prior abbreviations. 39 Example: Shipments: Northeast; Mideast; x_ X_ X_ X- X- x_ KA NH ME .N NY VT Rl X_ X_ x_ x_ OH VA wv KY X_ CN Southeast; X_ x_ X_ X_ x_ X_ x_ FL NC sc TN AL GA MS Southwest; X_ X_ x_ X X- X_ 7 x_ TX CO NM UT AR AZ LA OK Midwest;. fi_ 0_ O O ? 7 7 7 O o o o MI XL IN MO WI MN ND SD WY NB KA XO West; o 'o O O O O 7 7 CA NV OR ID WA MT HI AK East; X_ X_ X_ x_ 7 PA DL NJ MD DC Other; O O0 X VI GU PR OTHER a 40 * N. ' Product Literature ___ .... Definition: Whether or not you have any product literature of any sort (e.g., promotional literature, ads, catalogue entries, books, etc.) that describes or pictures this product, yes or no. - .. Examples: Product Literature Yes Product Literature No --------- * ~C - 41 o Product Picture(s) Definition: Whether or not you have care, custody or control over any depictions of this product, and if so, the type of depiction(s). ' instructions: ' If you have no depictions of this product, answer "no" in the space provided. If you do have depictions of this product, indicate the types of depictions you have. Use the following codes and indicate for each type of depiction whether it is a: - Color Picture (CP) - Color Sketch (CS) - Black & White Sketch - Blueprint (BT) (BS) - Black & White Picture - Photocopy (PC) - Other (OT) (BW) Examples: Product Picture(s) No Product Picture(s) BT Product Picture(s) . CP BT BW pc OT (CtaViMindtVCM<trtn|<o40 42 P. Package Picture(s) _____________________________ Definition: Whether or not you have any depictions of the product packaging and if so, the type of depictions. . Instructions: - In answering this interrogatory, use the codes listed below. . If you have no depictions of this product packaging, answer "no" in the space provided. * If you do have depictions of this product packaging, . indicate the types of depictions you have. Use the . following codes and indicate for each type of depiction whether it is a: - Color Picture (CP) - Color Sketch(CS) - Black & White Sketch - Blueprint (BT) - Black & White Picture -- Photocopy (PC) (BS) - Other (OT) (BW) Examples: Package Picture(s) No . . Package Picture(s) BT Package Picture(s) CP BT BW PC OT 43 Q Product Sample -------- Definition: _ Whether or not you have one or more samples of the - asbestos-containing., products, yes or no. Example: Product Sample Yes Product Sample Ho 44 R. Trademark Name(s) _________________________________ . Definition: The name of any trademark(s) in any way associated with ' the product, product packaging, or product literature. Instructions: If more than one Trademark is associated with the name of a product (e.g., Gold Bond Ripple-Tone Panels), provide the requested information for each trademark. Type N/A on any unused lines. Examples: Trademark Name(s) Perf-A-Tape N/A Trademark* Name (s) Gold Bond Ripple Tone 45 S. Patent Number(3) . _______________. Definition: The Patent Number (s) of any product or process in any way related to the product itself. . Instructions: To the extent more than one patent is involved with the product itself, or the manufacture, sale, processing, development, etc. of the product, note the additional patent number on the additional line provided. . Type N/A on any unused lines. Examples: Patent Number(s) 3.660.148 N/A Patent Number(s) 2.573.659 2.529.175 46 T Product Alteration Definition: State whether the product has been altered in chemical composition since first being made. If so, please state as to each such alteration: i. The date of the alteration; ii. The nature of the alteration; . iii. The reason for the alteration; iv. Identify the person(s) recommending approving such alteration; and, or . v. Whether there are any studies, evaluations or tests made in connection with the alteration, and if so, identify each such study. 47 iWl) RESPONSE TO MASTER INTERROGATORY 14: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections: A. Dana will provide the information requested if the specific Victor product is identified. B. Dana states that generally, products with the prefix "Victor" are registered tradenames for Victor's products. C. Gaskets D. See response to Interrogatory 14(C) above. E. In sales to Original Equipment Manufacturers, the Victor Division will place that OEM's name on the package and/or gaskets. Victor does this for nearly all major OEM's fe.q.. Ford, General Motors, etc.) F. See Preliminary Statement arid General Objections. Further objecting, Dana objects to the extent this interrogatory seeks proprietary information. Subject to and without waiving objections, Dana states that certain Victor gaskets were composed of a combination of asbestos fibers (primarily chrysotile), steel, rubber and binding agents. Depending on the particular gasket, the asbestos content ranged from 0% to approximately 85%. . G. Dana will provide information known to it if the specific Victor product is identified. Victor has been in business since 1909, and manufactures over 60,000 different types of gaskets. H. See response to 14(G) above. I. Victor Division of Dana maintains manufacturing sites at Chicago, Illinois and Robinson, Illinois. J. Dana will provide information known to it if the specific Victor product is identified. Victor manufactures over 60,000 different types of gaskets. See also attached depiction of a typical gasket. K. Subject to and without waiving objections, see response to 14(J) above. ' L. Dana Corporation will provide the information requested if the specific Victor product is identified. See also responses to Interrogatories 9 and 14(E), supra. K. See Preliminary Statement and General Objections.. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, Dana will provide the information requested if the specific Victor product is identified. N. See Preliminary Statement and General Objections. subject to and without waiving objections, Victor has had produced a Master Gasket Catalogue which is maintained at the Victor facilities and is also available at other locations. O. See response to 14(N) above. P. see response to 14(N) above and 14(K) above. Q. victor has been in business since 1909 and there are over 60,000 different types of gaskets manufactured by Victor. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the. discovery of admissible evidence. Subject to and without waiving objections, Dana will provide the information requested if the specific Victor product is identified. R. Dana objects to this interrogatory as overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Victor has been in business since 1909 and there are over 60,000 different types of gaskets manufactured by Victor. Subject to and without waiving objections, see response to Interrogatory 14(B) above. . S. ` See Preliminary Statement and General Objections. Subject to and without waiving objections, Dana does not know yet which of its thousands of gaskets are involved in these cases. Some products have patents. T. See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. FIQ. 49 no. II IS. Asbestos Free Products For each asbestos containing product whose trade name is listed in Answer No. 14, state: A. Was the product, or a substitute for that product, ever manufactured and/or sold by you without . asbestos; if so, when did the sale of the product commence; - B Brand name of the asbestos free product; C. The reason product was manufactured without asbestos; D. Was the asbestos-containing counterpart of said product- sold while the asbestos-free counterpart was being manufactured; if so, provide the time periods; RESPONSE TO MASTER INTERROGATORY 15: See Preliminary Statement and objecting, this interrogatory is and not reasonably calculated admissible evidence. General Objections. Further overly broad, unduly burdensome to lead to the discovery of Subject to and without waiving objections, Dana will provide the information reguested if more specific information is provided regarding the product. 48 1. product Development/Design For each asbestos product referred to in Answer No. 14, or which was sold to any other defendant, state separately: A. Has the product manufactured or sold to any entity prior to its being placed on the commercial market; B. The date and place where the product was designed and developed; - C. The identity and last known address of the person or persons responsible for the design or development of the product; . D. Was the product ever tested prior to its being sold for use by the consumer? If so, provide the identity and present location of all records dealing . with these tests (including testing concerning use, application, durability, toxicity, etc.) and the custodian of said records. RESPONSE TO MASTER INTERROGATORY 16: See Preliminary Statement and objecting, this interrogatory is and not reasonably calculated admissible evidence. General Objections. Further overly broad, unduly'burdensome to lead to the discovery of Subject to and without waiving objections, Dana will provide information requested if more specific information is provided regarding the Victor product. ... (Kluaita]tAondUiiemrti{itglO 49 17. Sales Documents Please state whether you have any documents of any kind indicating or reflecting past sales of one or more asbestos** containing products listed in response to interrogatory 14 including, but not limited to, invoices, orders, purchase records, sales records, confirmations, bills of lading, annual or other periodic summaries of sales or orders, accounts payable or accounts receivable records, etc. If'so, describe in detail the different types of documents that you have for each such asbestos-containing product, and state the following as to each type of document: A. The items of information contained on it (e.g., date of sale, product, quantity, purchaser, shipment location, price, etc.)? B. The years of sale encompassed by documents still in existence; C. The current location of the documents; D. Identify the current custodian of the documents, as well as the current employee most familiar with the . . codes or system used on the documents: RESPONSE TO MASTER INTERROGATORY 17; :' " See Preliminary Statement and General Objections. Subject to and without waiving objections, records of sales of Victor Products to customers are maintained in Illinois. Certain.-, sales records are computerized back to approximately 1972. Prior to that, some sales records are contained on microfilm or microfiche. 50 18. Sales Offices Did you ever have any sales offices in Florida that were responsible for distribution and/or sales of asbestos and/or asbestos-containing products listed in responding to interrogatory 14? If sq, please state as to each such sales office: . A. Its address and years of operation; B. Identify all managers from 1930 through the present and the years during which they served; RESPONSE TO MASTER INTERROGATORY 18: See Preliminary Statement and General Objections. __ Further objecting,. this interrogatory is overly broad,, unduly. ~' - ` burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving objections, Dana will provide the information requested if the specific Victor product is identified. 51 19. Fiber Purchases Please state the name and address of each business entity from whom the Defendant, Defendant*s predecessors. Defendant's subsidiaries have ever bought or received raw asbestos fiber. . .. RESPONSE TO MASTER INTERROGATORY 19; See Preliminary Statement and General Objections. .. ..... Further objecting, - this interrogatory is overly broad, unduly &&& burdensome and not reasonably calculated to lead to'the discovery of admissible evidence. * ' ' ' Subject to, and without waiving objections, Victor Division has been in business since 1909. Upon information and belief, Victor purchased raw asbestos fiber from JM of Canada (formerly Johns-Manville) and LAQ (Canada). (T:wV3Maw4VfiiiinVnt udfl 52 20. Insurance For all policies of insurance affording general liability or products liability coverage, including primary policies, excess policies, policies of reinsurance, program of self insured retention (SIR) and/or policies in which defendant was additionally insured, applicable to injuries allegedly caused by exposure to asbestos and/or asbestos-containing products state: A. Insurer: Specify exactly as named in the insurance policy or other evidentiary document of coverage. ' B. Insured: The insured named in the policy. C. Policy Period: Refer to the actual period for which the insurance policy is and/or was in effect. D. Policy Type: Specify whether primary, excess or self insured, etc. . E. Per Occurrence/ Accident Limits: ` Refer to the limit for any one occurrence or any one accident. F. Products Aggregate: Refer to the aggregate limit applicable to products bodily injury liability coverage. Certain insurance policies may contain a combined aggregate for bodily injury, property damage and other covered perils; if so, refer to the combined limit and so indicate. G. Products Aggregate . Consumption: The function of the Aggregate Consumption Summary is to track the consumption of total products liability aggregate limits claims. List such consumption. If applicable the date upon which the policy limits were paid out in full or exhausted. (CVwVi}U)ind*<im>aVcM<0 53 H. Policy Number: Specify exactly as contained on the insurance policy or other evidential document of', coverage the policy number. Additionally provide the custodian of the policy and/or document. I. Insurer Objection: Specify the bases upon which the relevant insurer refuses to fully pay claims upon demand. If the insurer has not objected to payment or is paying, note N/A. (t<rtiinnon<iVliieMrtn|<ie4Q 54 RESPONSE TO MASTER INTERROGATORY 20: See Preliminary statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving objections, this defendant's primary insurance carriers have been Fireman's Fund, and Hartford. See also General Objection 3(D), supra. .- 21. Asbestos\Consultaut Has any person ever served as a consultant(excluding experts retained during the course of litigation), full, or part-time, to defendant in any manner regarding the potential medical, toxicological, or industrial hygiene aspects of asbestos, or any asbestos containing product? (the term consultant is meant . to include any specialist in the above areas who was at least in part retained for his expertise and opinions in other than a full-time salaried position). If so, please state the following as to each such person: A. Identify the person; B. . The beginning date, ending date, and period of service for the person; . C. The job duties and/or responsibilities for the person, as well as a summary of the work performed; D. The plant address, office address, or duty assignment location for the person for each part of the consultancy; E. The reason for retaining the person; :JVV' " * * Identify the company official responsible for retaining the person, as well as identify the company officials with whom the person met during the period of the employment of consultancy; and. G. State whether documents relating to the employment or consultancy in any way, including contracts; correspondence, publications, reports, status reports, studies, etc., exist and whether or not said documents mention asbestos. Additionally if said documents exist provide the name of the records custodian of said documents. 55 RESPONSE TO MASTER INTERROGATORY 21: See Preliminary Statement and General Objections.; Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. ' Subject to, and without waiving objections, not to Dana's knowledge. .*! 22 Physician/Consultant * i.: . Please state whether or not Defendant ever employed, engaged or retained any physician as a consultant, plant physician or otherwise (excluding experts retained during the course of litigation), in connection with asbestos-related business activities. If so, please 6tate the following as to each such physician: - A. Identify the physician and give complete dates and places of employment or service; B. State the physician's duties and responsibilities; C. Identify the company person to whom the physician reported; D. State the purpose for which the physician was employed, engaged or retained; and. E. State ` whether ' documents pertaining to the physician's professional activities involving asbestos and/or individuals exposed to asbestos exist and the custodian of said documents. RESPONSE TO MASTER INTERROGATORY 22: r '' - " " See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly.., burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving objections, Dana states it has a decentralized structure with no chief medical officer. Dana has various divisions and the responsibility for ensuring compliance with applicable health and safety rules and regulations resides with each plant manager. Dana does, and has, a nurse at one or more plants primarily to render first aid when necessary. In addition, Dana has, since . 1980, maintained an x-ray program for employees who worked vithu asbestos at Victor plants in Illinois. These functions are performed under the auspicious of the personnel department. 56 ! 23. Safety/Consultant Please state whether or not any industrial hygienist, toxicologist, safety director, occupational medical director, physician or consultant in any of the foregoing areas previously identified(excluding experts retained during the course of litigation), ever made at any time any statements, recommendations and/or suggestions to the Defendant pertaining to or relating to asbestos or health hazards from dust or any - product. If so, state the following as to each such occasion: A. Identify who made the recommendation and/or suggestion; B. .. State the date of the recommendation and/or suggestion; C. Identify all company officials who received the recommendation and/or suggestion; * D. State the substance of the recommendation and/or suggestion; and, . E. State whether any documents and/or records of oral conversations embodying or pertaining to the recommendation and/or suggestion exist and if so the custodian of said records.. . 57 RESPONSE.TO MASTER INTERROGATORY 23; See Preliminary statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving objections, Dana has had an interest in Victor only since 1966 and Victor did not become a division of Dana until after that time. Dana does not know the names, if any, of persons employed by Victor Manufacturing & Gasket Company whose primary duties were to evaluate potential occupational health hazards and suggest methods dealing with same. Since Victor has become a division of Dana, investigation of health hazards if any, would relate primarily to workplace issues for Dana employees. In that regard, Victor has attempted to comply with (and believes it has complied with) all applicable governmental regulations regarding the use and handling of asbestos materials. Dana objects to this interrogatory to the extent that it seeks information about Victor employee exposure to asbestos. See General Objections. 24. Tests/Asbestos - Please state whether Defendant ever conducted or caused to be conducted any tests (whether laboratory or field tests) on any of their or anyone else's asbestos-containing products, including measurements of exposure levels during installation, . removal and/or after installation after they had degenerated or decomposed from use, to determine potential or likely asbestos exposure levels during conditions of intended use of the product. If so, please state the following as to each such test: A. Identify the person who directed that the test and/or measurement be made and/or conducted; B. Identify the person or organization who conducted, the test and/or measurement; C. Identify where, when and for how long the test and/or measurement was conducted, including the department of the plant or facility involved, as well as its owner and operator; * D. State the product (s) tested and describe the conditions of the test, including the measurement methodology; E. Describe whatever efforts, if any, were used in the . test to simulate the various conditions of possible or probable use of the product, such as in confined spaces or tunnels; F. State the asbestos exposure levels measured including the ranges measured, median measurement and average measurement; G. Identify to whom the test results were reported; and. H. Identify all documents pertaining to the test and the custodian thereof. 9^iaiWMori<tUiicaata|dO 58 RESPONSE TO MASTER INTERROGATORY 24; See Preliminary Statement and General Objections. Further objecting/ this interrogatory is overly broad/ unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, defendant limits its response to tests regarding possible health effects of exposure to vehicular gaskets and excludes tests regarding the quality or performance of the gaskets. The only such test defendant is aware of was conducted in- approximately May of 1988 and consisted of opening packages of engine gasket rebuilding kits and measuring the air level of dust. Documents demonstrating the results of the tests are maintained at Victor*s facility in Illinois. 2S. . Financial flupport/Maasuremant/Tests Has Defendant ever conducted, caused to be conducted or financially supported through at least a 10% contribution towards the total cost, any asbestos-related epidemiologic, toxicologic, animal, medical, scientific tests, reviews, investigations, analysis, research or studies of any kind (hereafter termed "studies")? Xf so, please state as to each such study: A. Identify who directed or authorized that the study be done; B. Identify the person or organization that conducted the study; C. State the dates and over what time period the study was done; D. Describe the study design and protocol; E. State the complete results of the study, including any conclusions or recommendations contained therein; " .. '' F Identify all company officials who received notice of the existence of the study and/or its results; G. Identify all documents relating to the study and the custodian thereof; and. H. State whether the study was ever published, and if so, state the study title and citation. 59 RESPONSE TO MASTER INTERROGATORY 25: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, not to Dana's Jcnowledge. 26. Literature Review Has Defendant ever conducted, caused to be conducted, or financed through at least a 10% contribution towards the total cost, any effort to monitor or review the professional literature regarding the clinical, epidemiologic, toxicologic, ' industrial hygiene, medical and/or scientific aspects of .: . ^ asbestos and/or products containing asbestos (excluding for the * purposes of litigation)? If so, please state the following as . to each effort: A. Identify who directed or authorized that the effort . be done; B. Identify the person or organization that conducted . the effort; . C. State the dates and over what time period the effort was done; D. Describe the effort design and protocol; E. State the complete results of the effort, including any conclusions or recommendations contained therein; F. . Identify all company officials who received notice of the existence of the effort and/or its results; .. G. Identify all documents relating to the effort and the custodian thereof; and, H. State whether the effort was ever published, and if so, state the effort title and citation. RESPONSE TO MASTER INTERROGATORY 26: . See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. _. Subject to and without waiving objections, not to Dana's knowledge. 60 27. specific Btudies/Participation . Did Defendant at any time in any way participate in any of Metropolitan Life insurance Company's studies of asbestos (conducted approximately between 1929--1940), any Trudeau Foundation/Saranac Lake studies (between 1929-1960), or any Industrial Hygiene Foundation studies (between 1938-1968)? if so, identify each such study in which you were involved and state as to each: ' A. what role or action you took in regard to the study; B. Identify all documents related to your involvement in the study and the custodian thereof; C. Identify each of your facilities in which any part of" the study was conducted and reference your facility to the data reported in the study; and. . " D. Identify each of your officers, supervisors, managers or employees who assisted, participated in or directed your involvement in the study. RESPONSE TO MASTER INTERROGATORY 27; '' See -Preliminary Statement and General Objections.- See also . 'TC' response to Interrogatory 26. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, not to Dana's knowledge. 61 28. Asbestos Hazard/Notice . Did Defendant at any time prior to 1980 receive, have notice of, acquire or possess any advice, publication, statement, warning, order, directive, letter, memorandum, recommendation or document, written or.oral, in any way related to asbestos and health hazards, or which implicitly or explicitly refers to asbestos and health issues. If so, state the following as to each such document and oral conversation, and each such occasion prior to 1980: A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, and state the substance of the knowledge acquired. B. Identify all documents pertaining to the advice, publication, statement, warning, order, directive, letter, ' memorandum, or recommendation and the custodian thereof; ' c. Identify all company officials and directors, who received notice of the existence of the document or oral conversation. For each such oral conversation state the approximate date of said conversation and the parties to said conversation; and. D. What action, if any, was. taken by you as a consequence of the document or oral conversation. KiWVOMVndtUianrtNiiiodl) 62 RESPONSE TO MASTER INTERROGATORY 28: See preliminary Statement and General Objections. response to Interrogatory 26. See also Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Further objecting, Dana objects to this interrogatory and its individual parts that seek to determine the knowledge, familiarity, or awareness of Dana. It is not possible to state precisely if or when a corporation can be said to have such knowledge; that is a mixed question of fact and law. Defendant objects to imputing knowledge, familiarity or awareness to defendant based upon the knowledge, familiarity or awareness of an employer or employees, or agent or agents of Dana. Subject to, and without waiving objections, such responsive documents which exist will be made available for inspection at a time mutually convenient to the plaintiffs and this defendant. 29. Knowledge/Asbestosis Please state whether Defendant obtained, prior to 1980, any knowledge concerning the association, if any, between the inhalation of asbestos fibers and a lung disease known as asbestosis, in users, consumers and/or persons exposed to asbestos and/or asbestos containing products. If so, please state: A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, - and state the substance of the knowledge acquired; B. As to each such occasion thereafter in which your knowledge as to asbestosis increased either relative to the types of exposures (i.e. trades and occupations, etc.) and/or types of products which became associated with the development of asbestosis state: (1) when was this additional knowledge acquired; (2) how was this additional knowledge acquired; (3) identify by whom it was acquired; (4) state the substance of the additional knowledge acquired; . C. Identify all documents relevant to your acquisition of knowledge concerning the disease asbestosis and the custodian thereof; and. D. If any of the foregoing knowledge was acquired through an oral conversation, identify each such oral conversation, the approximate date of said conversation and the parties to said conversation. tmrtU n mntttj 63 RESPONSE TO WASTER INTERROGATORY 29: See Preliminary Statement and General Objections. . Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, see response to Interrogatory 28. 30. Knowledge/Lung Cancer Please state whether Defendant,prior to 1980, ever obtained any knowledge concerning the association, if any, between the inhalation of asbestos fibers and lung cancer, in users, consumers and/or. persons exposed to asbestos and/or asbestos containing products. If so, please state: A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, and state the substance of the knowledge acquired. B. As to each such occasion thereafter in which your knowledge as to lung cancer increased either relative to the types of exposures (i.e. trades and occupations, etc.) and/or types of products which became associated with the development of lung cancer state: (1) when was this additional knowledge acquired; (2) how was this additional knowledge acquired; i (3) identify by whom it was acquired; (4) state the substance of the additional knowledge acquired; C. Identify all documents relevant to your acquisition of knowledge concerning lung cancer and the custodian thereof; and. D. If any of the foregoing knowledge was acquired through an oral conversation, identify each such oral conversation, the approximate date of said conversation and the parties to said conversation. 64 RESPONSE TO MASTER INTERROGATORY 30i See Preliminary Statement and General Objections. . Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, see response to Interrogatory 28. 31. Ka.owled.gc/Kesotheliooa . Please state whether Defendant, prior to 1980, ever obtained any knowledge concerning the association, if any, between the inhalation of asbestos fibers and mesothelioma, in users, consumers and/or persons, exposed to asbestos and/or asbestos containing products. If so, please state: A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, and state the substance of the knowledge acquired. B. As to each such occasion thereafter in which your knowledge as to mesothelioma increased either - relative to the types of exposures (i.e. trades and occupations, etc.) and/or types of products which became associated with the development of mesothelioma state: (1) when was this additional knowledge acquired; (2) how was this additional knowledge acquired; * (3) identify by whom it was acquired; (4) state the substance of the additional knowledge acquired; C. Identify all documents relevant to your acquisition of knowledge concerning mesothelioma and the custodian thereof; and. D. If any of the foregoing knowledge was acquired through an oral conversation, identify each such oral conversation, the approximate date of said conversation and the parties to said conversation. 65 RESPONSE TO MASTER INTERROGATORY 31; See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, see response to Interrogatory 28. 32. Knowledge/Cancer of the Gastrointestinal Tract Please state whether Defendant ever obtained any knowledge concerning the association, if any, between the inhalation of asbestos fibers and cancer of the gastrointestinal tract (i.e. colon, stomach, etc.), .in users, consumers and/or persons exposed to asbestos and/or asbestos containing products, if - so, please state: A. When any of this knowledge was first acquired, how it was acquired, identify by whom it was acquired, - and state the substance of the knowledge acquired. B. As to each such occasion thereafter in which your knowledge as to cancer of the gastrointestinal tract increased either relative to the types of exposures (i.e. trades and occupations, etc.) and/or types of products which became associated with the development of cancer of the gastrointestinal tract state: . ' (1) when was this additional knowledge -acquired; ' (2) how was this additional knowledge acquired; (3) identify by whom it was acquired; (4) state the substance of the additional knowledge acquired; C. Identify all documents relevant to your acquisition of knowledge concerning cancer of the gastrointestinal tract and the custodian thereof; and, .' D. If any of the foregoing knowledge was acquired through an oral conversation, identify each such oral conversation, the approximate date of said conversation and the parties to said conversation. (fcWto3\nao4WMrnm\n nrfQ 66 RESPONSE TO MASTER INTERROGATORY32: . .' See Preliminary Statement: and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, see response to Interrogatory 28. 33. Warning/Description . ' Please provide `the following information as to each caution, warning or hazard statement or explanation involving asbestos alleged to have been placed on the products or packaging of asbestos containing products by you? A. What was its precise wording; B. Where was it located on the product or packaging, ' and what was the size and color of the lettering. C. Has the wording or its presentation ever been altered, and if so, how and when; D. The years during which each version of a caution, warning or hazard statement appeared on each individual product identified in responding to interrogatory 14; E. Identify all company officers and/or committees who participated in the decision to affix each version of the caution, warning or hazard statement to a product or its packaging, and in particular, identify the prime decision-maker, if any; and F. Identify all documents related in any way to each caution, warning or hazard statement and the custodian thereof. ' 67 RESPONSE TO MASTER INTERROGATORY 33: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving objections, in approximately February of 1985, Victor began inserting a caution label with its finished gaskets. That label read substantially as follows: "This material contains asbestos. Avoid creating dust. Follow OSHA work practices, including use of appropriate dust containment equipment. Inhalation may cause asbestosis or other serious bodily harm. Smoking greatly increases the risk of bodily harm." This cautionary label remained essentially unchanged and was discontinued in 1988. See attached photocopy of sample label. c **** DANA CORPORATION Victor Products Div-Robinson INTRA-COMPANY COMMUNICATION subject ASBESTOS LABELS FOR: f DATC January 8, 1985 I i i 1 Effective immediately all caskets containing asbestos for the ________ jfacility (either bulk or packaged) will have the label that appears below attached on all Robinson shipments: I 2. sheet material sales Effective 1/4/85 all materials shipped from the Robinson plant containing asbestos will require the label that appears below: . . . WARNING This maleriol contain* csbesto* fiber*. Avoid creotina oir-borne liber* or doit Follow OSHA work practice*, including the use of appropriate dust control equipment. Innoioiion o? oif-borr. asbestos fiber* moy cause asbestosi* or otner serious bodily harm. Smoking greatly increases Inis risk of serious bodily harm. i Asbestos Labels January 8, 1985 Pace 2 Effective 1/21/85, we will label all--------------------------------------------- shipments containing asbestos with the label that appears below: ' ' warning ThU material contains asbestos fibers. Avoid creating oir-bome fibers or dust. Follow OSHA work practices, including the use of appropriate dust control equipment. Inhalation of oir-born asbestos fibers moy cause otbestoiis or other serious bodiiy horm. Smoking greatly increases this risk a: serious bodily harm. If you have any questions, please call. TH/cw Tom Holubek 34. Warning/Insert Has Defendant ever placed any form of package insert or informative brochure in a container of an asbestos-containing product, listed in response to interrogatory 14, explaining the hazards of asbestos?- If so, state as to each such insert or brochure: A. When was it first placed in containers and for what V years thereafter; B. What products had the Insert or brochure included; C. Describe the size, shape, color and text of the . insert or brochure; D. Identify all persons involved in the decision to include the insert or brochure; and, ' E. Identify all company officers and/or committees who participated in the decision to include an insert _ or brochure, and in particular, identify the prime decision-maker, if any; and F. Identify the insert and/or brochure itself and the custodian thereof. RESPONSE TO MASTER INTERROGATORY 34: . See Preliminary Statement and General Objections. Subject to and without waiving objections, see also response to Interrogatory 33. (tVmVi3\noilitiVliiiw^niM) 68 35. Warning/Customer State whether you published and/or otherwise provided any of your distributors and/or customers with any instructions in regard to the asbestos hazards, if any, presented by use of Defendant's asbestos-containing products, other then inserts or labels (i.e. promotional pamphlets, product manuals, specification sheets, sales brochures, etc.) If so, please state: . A. when such instructions were first given; B. By whom and when were these instructions made; C. State the specific instructions provided; and. D. Identify all oral communications and documents . related to these instructions. If oral identify the approximate date of said communication and the parties involved, if written provide the custodian of said documents. . RESPONSE TO MASTER INTERROGATORY 3S;_ .... See Preliminary Statement and General Objections. Subject to and v-s-Svwithout waving objections, see also response to Interrogatory 33. 69 36. Warning/Hask .' Has Defendant ever placed any form of disposable face mask or respirator in a container of an asbestos~containing product for later use by persons who would handle and/or be exposed, to the product? If so, please state: A. The products covered by the practice; B. The year this practice began and the years it was ' implemented; C. Describe the type of face mask or respirator included in the container; and. D. Identify all oral communications and documents related to this practice. If oral identify the approximate date of said communication and the parties involved, if written provide the custodian of said documents. RESPONSE TO MASTER INTERROGATORY 3_: See Preliminary Statement and General Objections. Subject to and without waiving objections, not to Dana's knowledge. (y1M^u3\{lan4>\4iaca'fVqcat9df) 70 37. Sales Material Has Defendant at any time, published and/or distributed any sales brochures, promotional pamphlets, product manuals, specification sheets or other written sales materials or documents of any kind or. character? If so, please: A. Identify each such document and the custodian thereof; ' B. State for what period of time you published and/or distributed sales brochures, promotional pamphlets, product manuals, specification sheets, or other written sales material or documents without any form of warnings, cautions, hazard statements or explanations concerning asbestos. RESPONSE TO MASTER INTERROGATORY 37: See Preliminary Statement and General Objections. - Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. ' Subject to and without waiving objections, see responses to Interrogatory 14(N). 71 38. Advertisement If you advertised any of your asbestos-containing products, listed in response to interrogatory. 14, in newspapers, magazines, or other publications at any time from 1930 to the present, please state .for each such advertisement that contained a warning regarding your products: A. The name of the publication in which it appeared, including the date and page number; B. A complete transcript of the advertisement and a description of any pictures accompanying it; C. The name and address of the person or agency that was responsible for approving each such advertisement; D. The name and address of whoever has current custody of the above-described advertising literature; and. E. Identify all documents relating to advertisements and the custodian thereof. such RESPONSE TO MASTER INTERROGATORY 38: See Preliminary statement and General objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the; discovery of admissible evidence. Subject to and without waiving objections, Dana will provide information known to it if the specific Victor product is identified. 72 39. Product: Usage/Documents ' Has any written material of any kind or character been prepared by Defendant or its agents indicating how your asbestos-containing products should be used and/or maintained (other then information in regards to the hazards, if any, presented by use of the defendant's asbestos containing products)? If so, please state as follows: A. Identify all such material and the custodian thereof; B. The name, address and job classification of each person who prepared same; and; C. The dates and manner in which said material was distributed to purchasers of Defendant's products. RESPONSE TO MASTER INTERROGATORY 39: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 73 40. Notice/Asbestos Injury Did Defendant receive notice, prior to 1975, that any person was claiming injury as a result of using asbestos-containing products mined, manufactured, sold and/or used by you? If so, please state as to each .such claim. A. The name of the claimant; B. The date of notice of the claim; C. A description of the claim including the type of - exposure experienced by the claimant (e.g., mining, milling, manufacturing, insulating, etc.); D. The type of injuries allegedly sustained; E. The caption and court, , address of the court or workers' compensation file number of the claim; F. Identify all documents relating to. the claim and the custodian thereof. RESPONSE TO MASTER INTERROGATORY 40: See Preliminary Statement and General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the'discovery of admissible evidence. Subject to and without waiving objections, Dana states that complaints have been filed against Dana by other individuals claiming injury. Such bodily injury cases are handled for Dana by attorneys for the Center for Claims Resolution. 74 41. specific Trade Association . Please state whether Defendant has ever been a member of the following business groups (or group with similar name), and if so, answer the following as to each group: (1) The address of the group; (2) The years during which you were a member; (3) Identify all documents in your possession relating in any way to the group, including ' documents before, during and after the period of your membership and the custodian thereof. A. Industrial Health Foundation (or one of its predecessors); B. Asbestos Textile Institute; C. Asbestos Information Ass'ociation of North America; D. National Mineral Wool Producers Association; E. Asbestos Cement Pipe Producers Association; F. Magnesia Insulation Manufactures Association; G. American Industrial Hygiene Association; H. Brake Lining Manufacturers Association; I. Friction Materials Standards Institute, Inc.; J. Asbestos Brake Lining Manufacturers Institute; K. Quebec Asbestos Mining Association; 75 L. Institute of Occupational and Environmental Health of Quebec Asbestos Mining Association; M. American Society for Testing and Materials;' N- Grinding Wheel Institute; O. Trudeau Foundation; P. National Safety Council; Q. National Insulation Manufacturers Association; and, R. The Refractories Institute; 76 s RESPONSE TO MASTER INTERROGATORY.41; '. See Preliminary Statement and.General Objections. Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence- Subject to and without waiving objections, Dana states that during its early history Victor belonged to the Society of Automotive Engineers, the American Society for Testing and Materials and the American Chemical Society. In 1985, Victor became an associate member of the Asbestos Information Association. Recently, Victor joined the Gasket Fabricators Association and the Asbestos Free Gasket Group. Generally, the written materials the company received would have been in the form of newsletters. To the extent that documents are maintained from these organizations, they would be'maintained at Victor's facilities in Illinois. 42. Library Please state whether Defendant ever maintained any form of library or collection of books and publications. If so, state the following as to each such library: A. The original location of the library, including the building in which it was located; B. The years during which the library was in operation; C. The offices, plant facilities, departments or other organizational units serviced by the library; D. Identify each custodian of the library or librarian ' as well as the years of his service as librarian; RESPONSE TO MASTER INTERROGATORY 42: See Preliminary Statement and General Objections. . Further objecting, this interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. . - Subject to and without waiving objections, Victor does not maintain a formal library. Victor does have various technical publications relating to its products. There is no comprehensive inventory of those materials. Victor did have a room with reference material and technical books which employees could use to prepare reports, etc. (fcWsrNnlVflorwtiViMWrwVnf irtrtt) 77