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P^ZIVBO NO. 93-036254 AP0 *5 1994 & gygp HELEN GAMBRELL, Individually and as the Special Administratrix of the Estate of ROBERT GAMBRELL, Deceased, Plaintiff, vs THE ABER COMPANY, et al., ) ) ) ) ) ) ) ) ) IN THE DISTRICT COURT PLAWIlFFSa| DALLAS COUNTY, TEXAS ) ERICSSON RADIO SYSTEMS, INC.'S ANSWERS TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT COMES NOW the defendant, Ericsson Radio Systems, Inc. (hereinafter "Ericsson"), by counsel, and makes these its Responses to Plaintiffs' First Set of Interrogatories and Request for Production of Documents, specifically reserving the right to protest the admissibility of these interrogatory answers at trial. PRELIMINARY STATEMENT AND GENERAL OBJECTIONS Ericsson Radio Systems, Inc. (hereinafter "Ericsson"), is a large corporation whose product and service business is undergoing constant change and growth. Throughout its history, the makeup of this corporation has undergone numerous changes. Inasmuch as the instant matter involves allegations of alleged exposure to asbestos-containing wire and cable, Ericsson's responses to these interrogatories and requests for production are limited to its knowledge and information respecting any such wire and cable that may have been manufactured by Anaconda Wire & Cable or Continental Wire & Cable Company because Ericsson never manufactured asbestos-containing wire and cable. Anaconda Wire & Cable Company and Continental Wire & Cable Company, which at one time were divisions of SC-ELEC-10680 Ericsson or its predecessors, did manufacture asbestos-containing wire and cable which were a minute portion of the wire and cable manufactured by these companies. Defendant Ericsson objects to this entire set of interrogatories and requests for production of documents and to each of them on the ground that they exceed the permissible scope of discovery and on the further ground that they seek information which is neither relevant to the subject matter of this action or reasonably calculated to lead to the discovery of admissible evidence. Ericsson objects to these interrogatories and requests for production of documents on the grounds that they are overbroad, as to time and geographic boundaries, are unduly burdensome, and not reasonably limited in time and scope. Ericsson objects to these interrogatories and requests for production of documents to the extent that they seek to assume the truth of matters not established and on the grounds that they seek privileged information, proprietary information, confidential trade information, marketing information, chemical compositions or other information or materials which have been gathered or prepared in the course of litigation or which are otherwise subject to the attorney-client privilege, the attorney work product privilege, and the Texas Rules of Civil Procedure which protect materials prepared in anticipation of and/or in connection with litigation or any other applicable privileges. Ericsson objects to the disclosure of any mental impressions of its attorneys, their conclusions, opinions, memoranda, notes or summaries, legal research or legal theories pursuant to the Texas Rules of Civil Procedure. 6304 2- - answers at trial. Furthermore, Ericsson reserves the right to assert further objections to these interrogatories and requests for production of documents. This introduction and general objection contained herein are specifically made a part of and incorporated by reference into each of the answers set forth below. frO'EKRQGATQRIES 1. As to each and every Plaintiff within this consolidated action, please state the following with respect to each expert witness you may call during trial of this case. Please designate with specificity the expert witnesses that you may call in each individual Plaintiffs case, separate and distinct from all other Plaintiffs within the group. (a) The name, address, and job classification of each such expert witness: (b) The subject matter on which the expert is expected to testify, specific as to each individual Plaintiffs case, separate and distinct from all other Plaintiffs within the group. (c) The substance ofthe facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, specific as to each individual Plaintiffs case, separate and distinct from all other Plaintiffs within the group; (d) Whether any person identified in subparagraph (a) above has provided a report or other documentation to you, and if so, identify each such document or report, specific as to each individual Plaintiffs case, separate and distinct from all other Plaintiffs' within the group; (e) Identify all documents or other materials, including but not limited to x-rays, pathology, CT-Scans, you have provided to each person identified in response to subparagraph (a) above, specific as to each individual Plaintiffs case, separate and distinct from all other Plaintiffs within the group; (f) Describe in detail the education and work history of, and identify any books, treatises, articles, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to subparagraph (a) above. Alternatively, in lieu of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answers. ANSWER See Preliminary Statement and General Objections. Ericsson objects in that this interrogatory is overbroad, unduly burdensome, unlimited in time and scope, and is not reasonably calculated to lead to the discovery of admissible evidence. Ericsson will identify its expert 6304 -4 - witnesses, provide curriculum vitaes, and copies of their reports as required by the Texas Rules of Civil Procedure and the local rules of this court. Discovery is ongoing. 2. Please state the name, present address and present telephone number, along with the experience and qualifications, if applicable, of each and every person, known to Defendant or to Defendant's agents, having knowledge of facts relevant to this case involving, but not limited to: (a) identification of asbestos-containing products to which each and every individual Plaintiff, separate and distinct from all other Plaintiffs within the group, allegedly was exposed or facts disputing the identification of asbestos-containing products in this case. (b) Each and every individual Plaintiffs, separate and distinct from all other Plaintiffs within the group, alleged damages, injuries and/or facts disputing each and every Plaintiffs alleged damages and/or injuries; (c) the negligence of any person or entity other than defendant which Defendant contends was a cause of each and every individual Plaintiffs, separate and distinct from all other Plaintiffs within the group, alleged injuries and/or damages; (d) each of Defendant's defenses enumerated in Defendant's last filed Answer. ANSWER See Preliminary Statement and General Objections. Ericsson objects in that this interrogatory is overbroad, unduly burdensome, unlimited in time and scope, and is not reasonably calculated to lead to the discovery of admissible evidence. Ericsson will provide the identity of all fact witnesses that it intends to use at trial in compliance with the local rules of this court and the Texas Rules of Civil Procedure. Discovery is ongoing. 3. Please identify documents of things, including x-rays, MRIs, CT-Scans or other materials, which will be used at time of trial, (Exhibit List, Deposition List), which are relevant to each of Defendant's enumerated defenses in Defendant's last filed Answer. 6304 -5 - ANSWER See Preliminary Statement and General Objections. Ericsson objects in that this interrogatory is overbroad, unduly burdensome, unlimited in time and scope, and is not reasonably calculated to lead to the discovery of admissible evidence. Ericsson will provide copies of its exhibits as required by the local rules of this court and the Texas Rules of Civil Procedure. Discovery is ongoing. REQUEST FOR PRODUCTION OF DOCUMENTS 1. Please provide a copy of all documents and other materials, other than Depositions and Medical History provided by Plaintiff, and reports identified in Answer to Interrogatory No. 1(d). ANSWER See Preliminary Statement and General Objections. See Answer to Interrogatory No. 1. 2. Please provide a copy of all documents and reports other than Depositions and Medical History provided by Plaintiff identified in Answer to Interrogatory No. 1(e). ANSWER See Preliminary Statement and General Objections. See Answer to Interrogatory No. 1. 3. - Please provide a copy of all documents, reports and other materials identified in Answer to Interrogatory No. 3. ANSWER See Preliminary Statement and General Objections. See Answer to Interrogatory No. 3. 4. Please produce any and all x-rays, MRTs, CT-Scans, videotapes or other electronically or technicologically created representations, depictions, picturizations, imaging or imagery collected by Defendant in the course of discovery. 6304 6- - ANSWF-R See Preliminary Statement and General Objections. Ericsson objects in that this request for production is overbroad, unduly burdensome, unlimited in time and scope, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Ericsson responds as follows: No such documents exist at this time; discovery is ongoing. FREEMAN & HAWKINS H. Lane Young ^ * , 4000 One Peachtree Center 303 Peachtree Street NE Atlanta, Georgia 30308-3243 (404) 614-7400 OUie M. Harton Texas State Bar No. 09170220 ATTORNEYS FOR DEFENDANT ERICSSON RADIO SYSTEMS, INC. 6304 -7 - NO. 93-03625-1 HELEN GAMBRELL, Individually and as the Special Administratrix of the Estate of ROBERT GAMBRELL, Deceased, Plaintiff, vs. THE ABER COMPANY, et al., ) ) ) ) ) ) ) ) IN THE DISTRICT COURT ) DALLAS COUNTY,TEXAS ) STATE OF) COUNTY OF) Personally appeared before the undersigned officer duly authorized to administer oaths, Regis Lageman, who, being first duly sworn, avers and says that he was employed as an engineer by Continental Wire & Cable Company and in such capacity is authorized to make Affidavit on behalf of said Company, and further states that he has read the within and foregoing DEFENDANT ERICSSON RADIO SYSTEMS, INC'S RESPONSES TO PLAINTIFFS' FIRST STANDARD SET OF SUPPLEMENTAL INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS and that the answers and responses set forth therein are true and correct to the best ofhis knowledge, information, and belief. FURTHER AFFIANT SAYETH NOT. Regis Lageman SUBSCRIBED AND SWORN TO before me this _ day of_______ 1994. Notary Public My commission expires: 6104 NO. 93-03625-1 HELEN GAMBRELL, Individually and as ) the Special Administratrix of the Estate of ) ROBERT GAMBRELL, Deceased, ) Plaintiff, ) ) ) vs. ) THE ABER COMPANY, et al., ) ) STATE OF) IN THE DISTRICT COURT DALLAS COUNTY, TEXAS ) COUNTY OF) Personally appeared befr -e the undersigned officer duly authorized to administer oaths, Erich Kothe, who, being first duly sworn, avers and says that he was employed as an engineer by Anaconda Wire & Cable Company and in such capacity is authorized to make Affidavit on behalf of said Company, and further states that he has read the within and foregoing ERICSSON RADIO SYSTEMS, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS and that the answers and responses set forth therein are true and correct to the best of his knowledge, information, and belief. FURTHER AFFIANT SAYETH NOT. Erich Kothe SUBSCRIBED AND SWORN TO before me this __ day of_______ 1994. Notary Public My commission expires. NO. 93-03625-1 HELEN GAMBRELL, Individually and as ) the Special Administratrix of the Estate of ) ROBERT GAMBRELL, Deceased, ) Plaintiff, vs. THE ABER COMPANY, et al.. IN THE DISTRICT COURT DALLAS COUNTY, TEXAS CERTIFICATE OF SERVICE This is to certify that I have this day served counsel of record with a copy of ERICSSON RADIO SYSTEMS, INC.'S ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT by the United States Mail, postage prepaid, addressed to all parties on the attache* ' ' T ` 1994. Olhe M. Harton 6304 SERVICE LIST BARON & BUDD The Centrum 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219-4281 ATTORNEYS FOR PLAINTIFF William J. Cozort, Jr. BEAN & MANNING 5847 San Felipe, Suite 1500 Houston, TX 77057 OWENS-CORNING FIBERGLAS Sheryl M. Fike HUDGINS, HUDGINS & WARRICK 24 Greenway Plaza, Suite 1007 Houston, TX 77046 AMERICAN ELECTRICAL CABLE Shelly Glaser THOMPSON & KNIGHT 3300 First City Center 1700 Pacific Avenue Dallas, TX 75201 GENERAL ELECTRIC Paul J. Holmes HOLMES & HARRIS 550 Fannin, Suite 845 Beaumont, TX 77701 THE FLINTKOTE COMPANY Katia Glockner James J. Sentner, Jr. HAIGHT, GARDNER, POOR & HAVENS 500 Dallas, Suite 3000 Houston, TX 77002 CAROL WIRE & CABLE CORP. 6304 Joseph Garnett McFALL & SARTWELLE 2500 Two Houston Center 909 Fannin Street Houston, TX 77010-1103 CERRO WIRE & CABLE CO., INC.; ROCKBESTOS PRODUCTS CO Robert A. Thackston VIAL, HAMILTON, KOCH & KNOX 1717 Main Street, Suite 4400 Dallas, TX 75201 WESTINGHOUSE Mark Hendrix VIAL, HAMILTON, KOCH & KNOX 1717 Main Street, Suite 4400 Dallas, TX 75201 ROME CABLE CORPORATION John T. Ward BROWN, McCARROLL & OAKS HARTLINE 2727 Allen Parkway, Suite 1300 Houston, TX 77019 GARLOCK ANCHOR PACKING James L. Ware McLEOD, ALEXANDER, POWEL & APFFEL, P.C. S02 Rosenberg P.O. Box 629 Galveston, TX 77553 ESSEX GROUP William M. Tolin, in BENCKENSTEIN, OXFORD & JOHNSON, L.L.P. First Interstate Bank Building 3535 Calder Avenue P.O. Drawer 150 Beaumont, TX 77704 USX CORPORATION 6304 Ned Johnson JOHNSON & ASSOCIATES 4900 Woodway, Suite 1100 Houston, TX 77056 ITT CORPORATION M.H. DETRICK Patrick Baughman BAUGHMAN & ASSOCIATES 55 Public Square, Suite 2215 Cleveland, OH 44113-1996 USX CORPORATION Scott A. Henderson SMITH, SMITH, SMITH & HENDERSON, L.L.P. 810 South St. Paul at Cadiz Dallas, TX 75201 CUTLER-HAMMER INC. Larry Hallman BURPORD & RYBURN, L.L.P. 3100 Lincoln Plaza 500 North Akard Dallas, TX 75201-3320 HOLOPHANE LIGHTING, INC. Larry D. Grayson STRASBURGER & PRICE, L.L.P. Suite 4300 901 Main Street Dallas, TX 75202 SIMPLEX TECHNOLOGIES, INC. Kathy Hermes PATTERSON, LAMBERTY, ELLY & STANFORD 2011 Cedar Springs, Suite 200 Dallas, TX 75221 SYNKOLOID 6304 Gary EHiston . DeHAY & ELUSION Suite 1500 1500 Maxus Energy Tower 717 North Harwood Street Dallas, TX 75201-6508 CENTER FOR CLAIMS RESOLUTION RILEY STOKER CORPORATION James Powers ROBERTS, MARKEL, FOLGER & POWERS Weslayan Tower, Suite 1010 24 Greenway Plaza Houston, TX 77046 FIBREBOARD CORPORATION THE ABER COMPANY James Harris HOLMES & HARRIS P.O. Box 830 550 Fannin Street Beaumont, TX 77704 AMERICAN INSULATED WIRE James M. Riley, Jr. ' COATS, ROSE, YALE, HOLM, RYMAN & LEE 800 First City Tower 1001 Fannin Houston, TX 77002-6707 FOSTER WHEELER ENERGY CORPORATION Neil Rambin STRASBURGER & PRICE 4300 NCNB Plaza, 44th Floor 901 Main Street Dallas, TX 75202 - GENERAL REFRACTORIES COMPANY 6304 Mel Bailey DeHAY & ELLISTON Suite 1500 1500 Maxus Energy Tower 717 North Harwood Street Dallas, TX 75201-6508 GEORGIA-PACIFIC CORPORATION . Robert D. Barbee JOHNSON & GIBBS Founders Square 900 Jackson Street Dallas, TX 75202-4499 KAISER ALUMINUM & CHEMICAL CORPORATION John Hill LIDDELL, SAPP, ZIVLEY, HILL & LABOON 3300 Texas Commerce Tower Houston, TX 77002 METROPOLITAN LIFE INSURANCE COMPANY Stan McMurry LOCKE, PURNELL, RAIN & HARRELL 2200 Ross Avenue, Suite 2200 Dallas, TX 75201-6776 MINNESOTA MINING & MFG CO. (3M) Debra S. Fitzgerald Hubert Crouch CROUCH & HALLET, L.L.P. 1400 Maxus Energy Tower 717 North Harwood Dallas, TX 75201 NORTH AMERICAN REFRACTORIES COMPANY (NARCO) David McCracken LOCKE, PURNELL, RAIN & HARRELL 200 Ross Avenue, Suite 2200 Dallas, TX 75201-6776 THE OKONITE COMPANY, INC. 6304 Peter Moir BAKER &BOTTS 800 Trammell Crow Center 2001 Ross Avenue Dallas, TX 75201 OWENS-ILLINOIS, INC. R. Lyn Stevens WELLER, WHEELUS. GREEN 550 Fannin Street 5th Floor, Petroleum Tower Beaumont, TX 77701 PITTSBURGH CORNING CORPORATION Thomas Dougall BOWERS, ORR & ROBERTSON 1401 Main Street, Suite 1100 Columbia, SC 29201 PROKO INDUSTRIES, INC. Charles Green COWLES & THOMPSON 901 Main Street, Suite 4000 Dallas, TX 75202 . ROCK WOOL MFG. COMPANY Clayton Devin McCAULEY, MacDONALD, LOVE & DEVIN 1201 Elm Street, Suite 3800 Dallas, TX 75270 THERMO ELECTRIC, INC. Brian Clary LIVINGSTON AND MARKLE 55 Waugh Drive, Suite 200 Houston, TX 77007 U S. MINERAL COMPANY Sandra F. Clark MEHAFFY, WEBER & GONSOULIN 2615 Calder Avenue, Suite 800 Beaumont, TX 77702 W R. GRACE & CO.-CONN. , 6304