Document xjOG5y6RVLKdNy4B0BYgpZgv0

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 Facility began 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. Subscribed and sworn to before me this 23rd day of March, 2007. k Notary Public Page 2 0 O N P1DJ N11 A.4 ^ ("I* January 28, 3,963 PNEIMCC0NI03IS CASES In Doftnltlnna A. . A Red Blip ease - Is an employee who has boon modieaUy identified as hating one of throoetages ofpnexraoccniosis of occupational origin 0 B0 A Pink rtlp eatwj&s an eeq&oyse tfib has been medically identified as fioasttdX showing sign of jneuaoccnioaia# Co A Blue slip case is an employee who has boon medically identified as having a non-oscupational lung condition.* (Ordinarily, this person is promptly told of hio condition and management is promptly alerted.) 2b Red Silo Cases Ao problem Ws have 71 Red Slip cases# The Doctor has advised management to keep these employees out of toode dust* Forty-six of these employees 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 Jobe* Bo Background ; 3h 1955 m surveyed the plant end discovered 50 Rod eases# By late 1957, most of the eases had been told of their condition and were "safely* placed# ^^;'i:ir^-;.v-'^/-Proxvlate^l957ii'.toAlate;il96lj';:.8omB'.Red. slip cases wore retired or had expired,. Some new cases had been discovered each year# The average nt&iber of cases ^::v:''--^r;.,roTialnod,'?at:':about?50 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-rays* 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# FLtts'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 From July, 1962 until now, enly two new Red Blip employees have been told of their condition C. IMftflVgfiVm (1) From Amoral standpoint, employees Identified aa having pnounoeonlosie should bo told of their condition promptly* (2) From on ethical standpoint, Doctors should tell these people of their oandition promptly* (3) From practical standpoint, if we tell 25 persons they are jneunoeeniotio within the Mxt 2 to 6 weeks^there maybe an undesirable panic or neai**paniie. * Do HeecBBMndations (1) Aa an icqsloyee who is an untold Red slip case comes xq> for his annual physical. Medical, Safety and management personnel will place a top priority on clearing hie Job and telling him of hie conditiono (The plan will be to tail 1 In January, $ in February, 3 in March, 3 In April, 3 in May, 3 in Jino, 3 In July and 4 in August. Thus the backlog will be ccmpleted by September 1, 1963.) (2) Safety and Medical personnel will arrange to handle "problem" cases /first.". ^3) Safety and Medical personnel will draw-up a schedule of annual examinations of these untold Red alip eases in order to avoid such problems of telling two employees in the same department in the earns month that they are Red slip eases. Ao fcszblsa Me hare approximately 225 Fink slip eases. In each ease a Doctor has advised management- "Keep this ae^loyee out of tbode dust." (1) The Doctor has not told the employee he ieS "possible" case. (2) Management cannot keep the employee out of duet if they cannot tell tho employaa the reason for their action. MfjsrmM At a meeting of C L. Sheckler, Dr. Davieon, Eoyd Mulder, R C. Smith, Jo Da Anderson and Z. C. Greene on January 17, 1963, the Pin# slip case problem was discussed. It was generally agreed that mmogement esrmo^ at this time, handle the problem of teUtog 223 Fink eases of their possible" eohdition, keeping them on duatfreo jobs; and steering them out of tempomxy dusty jobs which come up without, a Job classification change. Mr.Sheflkler mentioned that at the Manvillc Plant, there are no Fink slips0 AH information on the subject is kept in the Modi cal record of the employee and is rorioKod carefully by Medical personnel at o^rh ermun). phyeicalo Co (1) Ws roonusnond a policy bo nndo that eli information on Fink clip caeos b roturnod to the KodLcal department records and that any new ^possible" pneumoconiosis cases bo kept in the Medical records onlyo (2) In order to carry out this policy, the Safety department will collect aH Pink slips in its possession end in the enployee'e personnel file end return them to the Nodical department, (3) The Medical department will check that proper notes are made in the employee*s medical record and idll then destroy the Pink elipo (U) Managers will inform Superintendents and Supervisors to destroy all records or codes which refer to Pink slip cases* Ro C* SMI1H of) # */f *>v *