Document wQXYzVbQ5Ej9zwKG7NBrnvqJ

AFFIDAVIT STATE OF COLORADO COUNTY OF ADAMS ) ) ss. ) I, Margaret J. Baumgardner, being of full age and first duly sworn do hereby state: 1. Iam not a party to this action. I have personal knowledge ofthe facts set forth in this affidavit, and if called as a witness, I could and would competently testify as to the truth of the matters set forth herein. 2. Iam the Research Coordinator for the Claims Resolution Management Corporation ("CRMC"), a wholly owned subsidiary ofthe Manville Personal Injury Settlement Trust ("Trust"). The CRMC was created in December 1998 and is staffed by former Trust employees. On January 1, 1999, CRMC began providing claims resolution facility services to the Trust. 3. In this position, I manage the Asbestos Claims Research Facility ("Facility"), a document and records repository located at 3390 Peoria Street, Suite 304, Aurora, Colorado. The Facility contains the business records including but not limited to correspondence, memoranda, reports, records and data compilations ("record") of Manville Corporation or related entities ("Manville"), generally, as well as Manville records relevant to litigation of asbestos liability. The Trust has managed and operated the Facility from November 28, 1988, the date on which the Manville bankruptcy plan was consummated. 4. My experience and familiarity with the documents at the Facilitybegan in 1983 while working for Manville. In my work as a paralegal for Manville, I assisted in locating, indexing and packing many ofthe records which became the foundation documents for the Facility. I continued to work for Manville until September 1987. From March 1988 to September 1988,1 was hired to supervise and assist in the indexing ofthe first 20,000 boxes which were turned over to the Trust in November 1988. From September 1988 to January 1989, I assisted in the privilege review of documents to be given to the Trust. From November 1988 to April 1994,1 worked for Freeborn & Peters and was put in charge of the Facility, managing all productions and "new" acquisitions. In September 1995,1 was hired by the Trust to manage the Facility. In December 1998,1 was hired by Page 1 the CRMC to manage the Facility for the Trust. Accordingly, I am personally familiar with many of the records stored at the Facility, as well as how the records have been gathered. 5. To the best ofmy knowledge, information and belief, I certify that these records were made at or near the time by, or from information transmitted by, a person with knowledge, were kept in the course ofthe regularly conducted business activity ofManville, and it was the regular practice and the business activity of Manville to make the records. 6. Attached is a three-page document titled "Pneumoconiosis Cases" dated January 28, 1963 by R.C. Smith. This document was copied for the firm ofTrine & Metcalf. The document has come from microfilm at the Facility and is a true and correct copy of a document found at the Facility. Margaret J. Baumgardner Page 2 a.AJUULJ'JLK3LJ Lh January 28, 3,963 PNEItfCCONIOSIS CASUS lo BoltoAtigna : Av A M slip easa is an employee who has boon medically identified as having one of throe stages of pneieaoconiosis of occiqiational origin# Bo A Fink blip easijls an employee who has boon medically identified as IKsaaifelx Showing sigps of jnaunocenioeiB. Co A Blue slip case is an employee who has boon medically identified as having a non-osevpational lung condition (Ordinarily, this person is promptly told of his condition end management is promptly alerted.) 2 EssLSUnJtaftH . Ao probing We have 71 Red slip eases# The Doctor has advised management to keep these ' employees out of toode dust* Forty-six of these employsa have been told (by the Doctor) of their condition end are either in dust free areas or . are wearing respirators on part or all of their Jobs* Twenty-five identified Red slip eases have not been told of their condition and are not necessarily in dust free jobs# .. . . , Bo Background 1 ; Xn 1955 ve surveyed the plant end discovered 50 Rod eases# By late 1957, most of the cases had been told of their condition and were "safely* pieced# -.A./.'.Frro l&tel957 tolatel96l,soma Rod slip cases wore retired or had expired# Some new cases had been discovered each year# The average nt&iber of cases -./-^^^'-"^^roTialnod'jatvabout-sSO with from 46 to 50 knowing of their condition and being "safely** placed# . In late 1961,the . reading of X-rays of annual physicals fell behind# In July - aid August; 1962, Dr# Smith read all delinquent X-raye# He reported 24 new Red easeso, He stated that some of the new cases should have been classified nt an earlier X-ray# (For example! Dr# Fitts read an X-ray of January, 1961 and said it was not a Red case# Dr# Smith read an X-ray of January, 1962 and said it was Red and further, the January, 1961 X-ray should have been Red#) Dr# Stadth reads X-rays throughout JM and has a broader knowledge of Workman Compensation liabilitiess on 0#D# eases in the U#S# end Canada# From July, 1962 until new, early two new Red Blip employees have been told of their condition. ..... C DiBavaalnp, (1) From a moral standpoint, onployaoa identified as having pneumoconiosis should bo told of their condition promptly> (2) From an ethical standpoint* Doctors should tell these people of their oandition promptly* (3) From s practical standpoint* if we tell 25 persona they are pieunoeeniotio within the next 2 to 6 weeke~there maybe an undesirable panic or neai^panie. * Do Roccsnendationa (1) As on enployso who is an untold Rod slip ease cornea \xp for his annual physical* Medical* Safety and management personnel will place a top priority on clearing his job and telling him of his condition (The plan will be to tdll 1 in January* 5 in February, 3 in March* 3 in April* 3 in May, 3 in Jwo, 3 in Jtdy and 4 in August, Thus the backlog will be ccmpleted by September 1, 1963.) (2) Safety and Hodical personnel will arrange to handle "problem" cases first*, y.,"- 0) Safety and Medical personnel will draw-up a schedule of annual v examinations of these untold Red slip oases in order to avoid such problems of telling two employees in the same department in the asms are Red slip eases. 3 ifefc.gj&LfiSflfta - Ao fashion Me have approodmately 225 Fink slip casesa Li each case a Doctor has advisedmanageraent - "Keep this ee^Loyee out of toxic dust." (1) The Doctor has not told the employee he is a "possible" case*, (2) Management cannot keep the employee out of dust if they cannot ^^ action, ' Do J8seto2A At a meeting of C L* Sheckler* Dr. Davieon, Boyd Mulder* Ro C. Smith, Jo Da Anderson and Z C* Greene on January 17, 1963* the PinX slip case problem was discussed* It was generally agreed that management carmol* at this time, handle the problem of telling 225 Pink eases of their "possible" oandition, keeping them on duatfree jobs* and steering them out of tempomy dusty jobs which come up without a Job classification change Mr, Sheckler mentioned that at the Manvillc Plant, there are no Pink slips, AH information on the subject ie kopt in the Medina! record of the employee and is reviewed e&refuAly by Medical personnel at o^rh ermunl physicelo c Ibs&wMatAmfk ' f (l) We rocoasnonda policy bo mado that all information on Fink clip caacm bo returned to the Nodical department records and that any . new ^possible" pnetanconiosls cases bo kept in tho Medical records ; O*llyo rv- ^ ' ' (2) Xh order to carry out this policy, tho Safety department will collect all Pink slips in its possession aid In the employe*s personnel file end return them to the Medical department., (3) The Nodical; department will ebook that proper notes are made in the employee** medical record and will then destroy the Pink elipo (4) Managers will inform Si^jerintendents and Supenrisore to destroy all records or codss which refer to Fink slip eases. Ro C. SMITH oD 4, // *)/? t4 #