Document rxNMO33Yvx87EVq2k1zNNdDrV

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ETTA WALLACE, personal representative of the Estate of Fred A. Wallace, et al., Plaintiffs, vs. CHRYSLER PLASTIC PRODUCTS CORPORATION, et al.. Defendants. ) Case No. C 84-7864 ) [Hon. Nicholas J. Walinski] ) ) RESPONSE OF DEFENDANT THE ) GOODYEAR TIRE & RUBBER ) COMPANY TO PLAINTIFFS' ) INTERROGATORIES DIRECTED ) TO ALL DEFENDANT PVC ) MANUFACTURERS ) ) ) ' i-oOo- ` Now comes defendant The Goodyear- Tire 6 Rubber Company and for.its' response to.plaintiffs' interrogatories, states as follows: INTERROGATORY NO. 1: Are you a manufacturer of polyvinyl chloride (PVC) resin? ANSWER; Yes INTERROGATORY NO. 2; When did you first begin manufacturing PVC resin? ANSWER; 1946 INTERROGATORY NO. 3; Have you manufactured PVC resin continuously since the date indicated in your answer to interrogatory number 2? ANSWER: Yes INTERROGATORY NO. 4; Indicate the percentage of all PVC resin manufactured by you in calendar year 1967 that was the ucc 045759 result of the following processes: (a) suspension; (b) emulsion; (c) bulk; or, (d) solution. ANSWER: Defendant objects to this interrogatory on the ground that it calls.for information which is irrelevant and which is not likely to lead to development of relevant information. With respect to actual sales of PVC resin to Chrysler, such information is provided in the answer to Interrogatory 8' below. INTERROGATORY NO. 5: Indicate the extent to which the percentages of your total PVC resin output attributed to any of the four processes identified in the prior interrogatory have changed since calendar year 1967, by .indicatingthe specific .j changes made and dates of all such changes. ANSWER: Defendant objects to this interrogatory on the grounds stated in 4 above. INTERROGATORY NO. 6: Did you sell any PVC resin to Chrysler during calendar year (a) 1967; (b) 1968; (c) 1969; (d) 1970; (e) 1971; (f) 1971 [sic]; (g) 1972; (h) 1973; (i) 1974; (j) 1975; (k) 1976; (1) 1977; (m) 1978; (n) 1979; and, (o) 1980. ANSWER: (a) No record (b) No record (c) Yes (d) No record (e) Yes (f) Yes <g) Yes (h) Yes -2- UCC 045760 (i) Yes <j) Yes (k) Yes (1) Yes (m) Yes (n) Yes (o) Yes INTERROGATORY NO. 7: If your answer to the preceding interrogatory is, in any part, "yes", indicate the total volume of PVC sold to Chrysler during every year that you sold PVC resin to Chrysler. ANSWER: 1969 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 .10,000 195,000' 1,199,330 1,04.1,032 ' 680,700 1,005,500 1,720,550 2,503,000 1,978,800 479,850 315,900 INTERROGATORY NO. 8; For every calendar year between 1967 and 1980, inclusive, that you sold PVC resin to Chrysler, indicate the percentage of such resin which was manufactured by the following processes: (a) suspension; (b) emulsion; (c) bulk; and, (d) solution. ANSWER 1969 1971 1972 1973 Suspension 100% Suspension 100% Suspension 99.993% Suspension 56.60% suspension 43.40% Emulsion .007% Unknown-probably -3- UCC 045761 1974 1975 1976 1977 1978 1979 1980 Suspension 76.491 suspension 23.51% Suspension 77.57% Suspension 64.75% Suspension . 31.93% Suspension 36.08% Suspension 100% Suspension 82.27% Unknown-probably Emulsion .65% Emulsion 4.36% Emulsion 2.72% Bulk 63.92% Bulk 21.78% Bulk 30.89% Bulk 65.35% Emulsion 17.73% .INTERROGATORY NO. 9; Did you at any time conduct any testing to determine the concentration of vinyl chloride monomer contained in your PVC resin at any time following manufacturing? ANSWER: Yes INTERROGATORY NO. 101.- If your- answer -to- the preceding interrogatory, is ''yes," indicate: (a) what testing-was done; . (b).j when, such testing-was done; (o). who conducted the. testing;' and, (d) what the results were. ANSWER: (a) Test for residual VCM in resin. (b) After stripping and after packaging. (c) Quality assurance laboratory at the plant of manufacture. (d) Results are no longer available for the 1967-1980 period except as indicated in the summaries attached in Response to Request for Production No. 5, Attachment 2. INTERROGATORY NO. 11: For every calendar year in which you sold PVC resin to Chrysler, indicate what percentage of the PVC resin sold was: (a) homopolymer; (b) copolymer; or, (c) terpolymer. -4- UCC 045762 ANSWER: 1969 1971 1972 1973 1974 1975. 1976 1977 1978 1979 1980 Homopolymer Homopolymer Homopolymer Homopolymer Homopolymer Homopolymer Homopolymer Homopolymer Homopolymer Homopolymer Homopolymer 100% 100% 100% 100% 100% 88.11% 100% 100% 100% . 100% 100% Copolymer 11.89% INTERROGATORY NO. 12: With respect to every sale of from-you to Chrysler, indicate the date on which such resift-was manufactured and the date on which such resin was shipped to Chrysler. j Answer: This is not determinable for the period in question. We do have a record of sales by year as indicated on documents produced in response to Plaintiff's Request for Production No. 1, Attachment 1. INTERROGATORY NO. 13: Did you, at any time, notify Chrysler of any studies indicating that vinyl chloride monomer was: (a) hazardous to human health or (b) that vinyl chloride monomer was a suspected carcinogen? ANSWER: (a) Not in those words. Material Safety Data Sheets indicated hazardous ingredients, fire and explosion hazard data and hazardous decomposition products. (b) Yes UCC -5- 045763 INTERROGATORY NO. 14; If your answer to the prior interrogatory is "yes," state in full, the date and substance of every such notification to Chrysler. ANSWER: It is believed that Material Safety Data Sheets were supplied to Chrysler at various times. See sheets produced in response to Plaintiff's Request for Production No. 6, Attachment 3. See also customer notification letter dated May 8, 1974, produced in response to Request for Production No. 11, Attachment 4. INTERROGATORY NO. 15: Wheji did you first" becofne .aware of any study.indicating that vinyl chloride monomer was a-- ;j suspected carcinogen; or, (b) hazardous to human health? ANSWER: ' (a) Viola and Maltoni studies published in 1970 and 1973. (b) Central nervous system, respiratory tract irritation and skin irritation effects have been known from the time The Goodyear Tire & Rubber Company began using VCM in the late 40's. INTERROGATORY NO. 16: What steps were taken by you prior to, or during the course of, your sales of PVC resin to Chrysler to determine the concentration of residual vinyl chloride monomer in said resin. ANSWER: Resin was tested for residual VCM after stripping and after packaging. -6- ucc 045764 INTERROGATORY NO. 17: What steps were taken by you prior to, or during the course of, your sales of PVC resin to Chrysler, to determine whether any component of that resin was an actual or potential carcinogen? ANSWER: Goodyear is not a manufacturer of vinyl chloride monomer and has not conducted toxicological tests on the substance to determine carcinogenic potential. In 1974, Goodyear did participate in two studies which might possibly be relevant. One of these was an epidemiological study of vinyl chloride workers sponsored by the Manufacturing Chemists Association and _ .the other was an .epidemiological study conducted by Or. Irving Selikoff of the Mt,' Sinai School b.f Medicine, ( New York, New York. | INTERROGATORY NO. 18: Did Chrysler, atany time, ever ask you whether you were aware of any s.tudies indicating that exposure or overexposure to vinyl chloride monomer posed any actual or potential human health hazard? ANSWER: Not to our knowledge INTERROGATORY NO. 19: Describe the steps taken by you subsequent to January, 1967 to reduce the concentration of residual vinyl chloride monomer in PVC resin manufactured by you. ANSWER: Developed new and more effective steam stripping techniques for stripping residual VCM from the latex. INTERROGATORY NO. 20: State the full name, home address and business address of your employee who is most -7- UCC 045765 knowledgeable concerning the residual concentrations of vinyl chloride monomers in the-PVC resins manufactured by you between January 1, 19.67 and December 31, 1980. ANSWER: No- data exists for this time period except the documents attached in response to Request for Production No. 5, Attachment 2. The Goodyear employee most knowledgeable concerning residual concentrations of vinyl chloride monomer in PVC resins generally is Mr. D J Snyder, 3480 Stoney Point Road, Grand Island, New York 14072, The Goodyear Tire Rubber Company, 5408 Baker, Niagara Falls, New York 14302. > r- -8- ucc 045766 AS TO OBJECTIONS: Of Counsel For Defendants The BFGopdrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp.: FULLER & HENRY 120C Edison Plaza 300 Madison Avenue P.O. Box 2086 Toledo, Ohio 43603- . Robert A. 'Bunda ' 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical.Corp. CERTIFICATE OF SERVICE { I hereby certify that a copy of the foregoing Responses to Plaintiff's Interrogatories Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray & Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel as set forth in the attached Schedule of Service this , ,7 day of October, 1986. prney for( defendants The Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. UCC 045767 I SCHEDULE OF SERVICE M. Donald Carmin, Esq. '800 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P. Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building '416 N. Erie Street Toledo, Ohio'43624 Attorney for Defendant DiversiTech General, Inc. S. Stuart Eilers, Esq. Douglas N. Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bamman, Esq. 414 K. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc. JC 045/ob Jo STATE OF OHIO COUNTY OF SUMMIT ) AFFIDAVIT SS: John M. Ross, being duly sworn according to law, deposes and says that he is the Assistant Secretary for the Goodyear Tire & Rubber Company, defendant herein; that as such he is authorized to make an affidavit on its behalf; and that the facts set forth in the foregoing Response of Defendant Goodyear j Tire & Rubber Company to Plaintiff's Interrogatories Directed to All Defendant PVC Manufacturers in this case are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this . - day of 1986 Notary Public SUSAN B. MOOSE UCC 045769