Document zkN2vaYda4xQ9YoBdozyOjvm
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL COURT
CASS COUNTY, ILLINOIS
----------------x
ROSE SPEARS, AS SPECIAL
:
ADMINISTRATOR FOR WILLIAM
:
SPEARS, DECEASED,
:
Plaintiff,
:
V. :
A. P. GREEN, ET AL.
:
Defendants.
:
ABEX CORPORATION'S REVISED ANSWERS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES
INTRODUCTION AND GENERAL OBJECTIONS
Pneumo Abex Corporation, Successor-in-Interest to Abex
Corporation ("Abex"), by and through its attorneys of record,
Swain, Hartshorn & Scott, submits the following revised answers
to plaintiffs' first set of interrogatories. These revised
answers are submitted in accordance with the Court's order dated
April 3, 1995 in, the., captioned action overruling defendants'
objections to various interrogatories propounded by plaintiffs in
plaintiffs' first-set- of interrogatories. These revised answers
are intended,solely for. use in the captioned action. By
complying with the Court's order of April 3, 1995, Abex in no way
authorizes the use of these revised answers to plaintiffs' first
set of interrogatories in actions brought by any plaintiffs in
other actions in this or any other jurisdictions, and shall not
constitute a waiver of any objections Abex may assert in other
actions to the same or similar interrogatories.
Furthermore, by
NYl- 90895. 04/20/95 5:18pm
1
submitting these revised answers, Abex in no way waives any rights it may have to challenge or appeal the Court's decision to overrule its objections, both general and specific, to these interrogatories. Abex reserves its right to supplement these revised answers should additional information become available.
ANSWERS
5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, or distribution of asbestoscontaining products including brake linings, clutches, or any automotive friction products? If your answer is "yes," please state the following as to each product:
(c) The time period during which it was
manufactured, mined, marketed, distributed, or sold;
(d) Its physical description including color,
general composition and form;
(e) A detailed description of its intended use
and purpose.;
.
(f) A detailed description of the type of package
in which it was sold and listing the:
r
(1) Dates of each type of package used;
(2) A physical description of the package;'
(3) A description of any printed material..or
trademarks that appeared thereon;
(4) Any warning;
(5) The date each warning accompanied the
package;
-
"
(g) The percent of asbestos which it contained;
(h) The., percent of asbestos by asbestos type -
(Amosite, Chrysolite [sic], Tremolite and Antrhophyllite);
(i) The time period during which it was on the
market.
ANSWER TO INTERROGATORY NO. 5:
American Brake Materials-
(c) Abex never mined asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from
approximately 1926 to 1987. Abex believes that this friction
product was manufactured from 1930 and its trademark was
abandoned in 1971. Discovery and investigation is ongoing. Abex
NYl-90895. 04/?0/95 5:18pm
2
expressly reserves the right to supplement this answer. In addition, the existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they were found. There was never a central corporate filing system of Abex documents and there is no Abex employee who has personal knowledge of all the information contained in all the documents. Abex will respond to this~ interrogatory by making available for inspection and copying relevant, responsive, non-privilege;d documentsc.' These documents will be made available through Abex counsel at a mutually convenient time and at a location conducive to production.
(d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in such dimensions as required by the specifications, characteristics and uses established by the manufacturer of the vehicle-or the equipment on which the lining was applied.
(e) Abex friction products specifically, its brake iinings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according to size. The brand name appeared on the package as did the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
NY1-9089S. 04/20/95 5:18pm
3
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Dust May Cause
Bodily Harm
Serious
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply wit.h
OSHA regulations. Abex does not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly reserves the right to supplement this answer.
(g) Abex's asbestos-containing automotive
friction products contained approximately 25 to 70 percent
chrysotile asbestos only. Discovery and investigation is
ongoing. Abex expressly reserves the right to supplement this
answer.
(h) See Answer to Interrogatory No. 5(g).
(i). See Answer to Interrogatory No. 5(c).
Brakeblok:
.
(c) Abex never mined asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from
approximately 1926 to 1987. Abex believes that this friction
product was manufactured from 1936 and its trademark was
abandoned in 1977. Discovery and investigation is ongoing. Abex
expressly reserves the right to supplement this answer. In
addition, the existing business records and documents of Abex,
which number in excess of three million, are preserved in the
order in which they were found. There was never a central
corporate filing system of Abex documents and there is no Abex
employee who has personal knowledge of all the information
NY1-10895. 04/20/95 5:18pm
4
contained in all the documents. Abex will respond to this^
interrogatory by making available for inspection and copying
relevant, responsive, non-privileged documents. These documents
will be made available through Abex counsel at a mutually
convenient time and at a location conducive to production.
(d) Asbestos-containing automotive brake lining,
manufactured by Abex were shaped into curved, linear segments in
such dimensions as required by the specifications,
characteristics and uses established by the manufacturer of the
vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its
brake linings, are generally designed to assist in the stopping
or control of a moving object.
'
(f) Asbestos-containing automotive friction
products manufactured and sold by Abex were generally packaged in
cardboard boxes according to size. The brand name appeared on
the package as did the product name. Abex further states that in
the mid.-1970's at the latest, and perhaps earlier, Abex commenced
the placement of warning labels on its asbestos-containing
automotive friction products. This label reads as follows:
Caution
Contains Asbestos Fibers
Avoid Creating Dust
.
Breathing Asbestos Dust May Cause Serious
Bodily Harm
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply with
OSHA regulations. Abex does not believe the wording of this
NYl-90895. 04/20/95 5:18pm
5
warning was ever changed. Discovery investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(g) Abex's asbestos-containing automotive friction products contained approximately 25 to 70 percent chrysotile asbestos only. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(h) See Answer to Interrogatory No. 5(g). (i) See Answer to Interrogatory No. 5(c). American Brakeblok: (c) Abex never mined asbestos. Abex manufactured and sold asbestos-containing automotive friction products from approximately 1926 to 1987. Abex believes that this friction product was manufactured from 1936 and its trademark was sold In 1994. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer. In addition, the existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they were found. There was never a central corporate filing system of Abex documents and there is no Abex employee who has personal knowledge of all the information contained in all the documents. Abex will respond to this interrogatory by making available for < inspections and copying relevant, responsive, non-privileged^ documents. These documents will be made available through Abex counsel at a mutually convenient time and at a location conducive to production.
NY1-90695. 04/20/95 5:18pm
6
(d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in such dimensions as required by the specifications, characteristics and uses established by the manufacturer of the vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according to size. The brand name appeared on the package as did the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Dust May Cause
Bodily Harm
. Serious
.
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply with
OSHA regulations. Abex does not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly reserves the right to supplement this answer.
(g) Abex's asbestos-containing automotive
friction products contained approximately 25 to 70 percent
chrysotile asbestos only. Discovery and investigation is
NY 1 - 9 0 8 9 5 . 04/20/95 5:18pm
7
ongoing. Abex expressly reserves the right to supplement thin answer.
(h) See Answer to Interrogatory No. 5(g). (i) See Answer to Interrogatory No. 5(c).
Abex:; (c) Abex never mined asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from approximately 1926 to 1987. Abex believes that this friction product was manufactured from 1936 and its trademark was sold in 1994. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer. In addition, the existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they were found. There was never a central corporate filing system of Abex documents and there is no Abex employee who has personal knowledge of all the information contained in all the documents. Abex,will respond to this interrogatory by making- available for : inspection and copying relevant, responsive, non-privileged documents; These documents will be made available through Abex counsel-at a mutually convenient time and:at: al location conducive to production.
(d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in such dimensions as required by the specifications, characteristics and uses established by the manufacturer of the vehicle or the equipment on which the lining was applied.
NYl-90895. 04/20/95 5:18pm
8
(e) Abex friction products specifically, its brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according to size. The brand name appeared on the package as did the product name. Abex further states that Ln the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos - containing automotive friction products. This label reads as follows:
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Dust May Cause
Bodily Harm
Serious
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply with
OSHA regulations. Abex does not believe the wording of this warning was ever changed. Discovery investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(g) Abex's asbestos-containing automotive friction products contained approximately 25 to 70 percent cbnrysotile asbestos only. Discovery and inve'shiga'Cron" is
ongoing. Abex expressly reserves the right to supplement this answer.
(h) See Answer to Interrogatory No. 5(g).
(i) See Answer to Interrogatory No. 5(c).
Nyi-40895. 04/20/95 5:18pm
9
Esline i
(c) Abex never rained asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from
approximately 1926 to 1987. Abex believes that this friction product was manufactured from 1965 and its trademark was sold in
1994. Discovery and investigation is ongoing. Abex expressly
reserves the right to supplement this answer. In addition, the
existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they
were found. There was never a central corporate filing system of
Abex documents and there is no Abex employee who has personal knowledge of all the information contained in all the documents. Abex will respond to this interrogatory by making available for `
inspection and copying relevant, responsive', non-privileged /
documents.. These documents will be made available through Abex
counsel at a mutually convenient time and at a location conducive
to production.
(d) Asbestos-containing automotive brake lining,
manufactured by Abex were shaped into curved, linear segments in
such dimensions as required by the specifications, characteristics and uses established by the manufacturer of the
vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its
brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction
products manufactured and sold by Abex were generally packaged in
NY1-90895. 04/20/95 5:lBpm
10
cardboard boxes according to size. The brand name appeared on the package as did the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Dust May Cause
Bodily Harm
Serious
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply with
OSHA regulations. Abex does not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly reserves the right to supplement this answer.
(g) Abex's asbestos-containing automotive
friction products contained approximately 25 to 70 percent
chrysotile asbestos only. Discovery and investigation is
ongoing. Abex expressly reserves the right to supplement this
answer.
(h) See Answer to Interrogatory No. 5(g).
(i) See Answer to Interrogatory No. 5(c).
Stopper: C
'
(c) Abex never mined asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from
approximately 1926 to 1987. Abex believes that this friction
product was manufactured from 1946 and its trademark was sold in
1994. Discovery and investigation is ongoing. Abex expressly
reserves the right to supplement this answer. In addition, the
NY1-90895. 04/20/95 5:18pra
11
existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they were found. There was never a central corporate filing system of Abex documents and there is no Abex employee who has personal knowledge of all the information contained in all the documents. Abex will respond to this interrogatory by making available for ? inspection and copying relevant, responsive, non-privileged ? documents.' These documents will be made available through Abex counsel at a mutually convenient time and at a location conducive to production.
(d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in such dimensions as required by the specifications, characteristics and uses established by the manufacturer of the vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according to size. The brand"name appeared on the package as did the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
NY1-90895, 04/20/95 5:18pm
Caution Contains Asbestos Fibers
Avoid Creating Dust
12
Breathing Asbestos Dust May Cause Serious Bodily Harm
Abex believes this warning was first placed on its asbestoscontaining automotive friction products in order to comply with OSHA regulations. Abex does not believe the wording of this warning was ever changed. Discovery investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(g) Abex's asbestos-containing automotive friction products contained approximately 25 to 70 percent chrysotile asbestos only. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(h) See Answer to Interrogatory No. 5(g). (i) See Answer to Interrogatory No. 5(c). Crossing Guard: (c) Abex never mined asbestos. Abex manufactured and sold asbestos-containing automotive friction products from approximately 1926 to 1987. Abex believes that this friction product was manufactured from 1975 and its .trademark was sold in 1994. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer. In addition, the existing business records and documents of Abex, which number in excess of three million, are preserved in.the order in which they were found. There was never a central corporate filing system of Abex documents and there is no Abex employee who has personal knowledge of all the information contained in all the documents. Abex will respond to this interrogatory by making available for, inspection and copying relevant, responsive, non-privileged
NY1-90895. 04/20/95 5:18pm
13
documents. | These documents will be made available through Abex
counsel at a mutually convenient time and at a location conducive
to production.
.
(d) Asbestos-containing automotive brake lining,
manufactured by Abex were shaped into curved, linear segments in
such dimensions as required by the specifications,
characteristics and uses established by the manufacturer of the
vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its
brake linings, are generally designed to assist in the stopping
or control of a moving object.
(f) Asbestos-containing automotive friction
products manufactured and sold by Abex were generally packaged in
cardboard boxes according to size; The brand name appeared on
the package as did the product name. Abex further states that in
the mid-1970's at the latest, and perhaps earlier, Abex commenced
the placement of warning labels on its asbestos-containing
automotive friction products.. This, label reads as follows:
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbest.os.-,Dust-May..Cause Serious
Bodily Harm
.
Abex believes this warning was f irst..placed on its asbestos-
containing automotive friction products in order to comply with OSHA regulations. Abex does not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly reserves the. right to supplement this answer.
NY1-90895. 04/20/95 5:18pm
14
(g) Abex's asbestos-containing automotive friction products contained approximately 25 to 70 percent chrysotile asbestos only. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(h) See Answer to Interrogatory No. 5(g). (i) See Answer to ]nterrogatory No. 5(c). Velvetouch: (c) Abex never mined asbestos. Abex manufactured and sold asbestos-containing automotive friction products from approximately 1926 to 1987. Abex believes that this friction product was manufactured from 1923 and its trademark was withdrawn in 1970. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer. In addition, the existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they were found. There was never a central corporate filing system of Abex documents and there is no Abex employee who has personal knowledge of. all the information contained in all the documents. Abex will respond to this ` interrogatory by making..available?for-inspection and copying . relevant, responsive, non-privileged documents. These documents will be made available, through Abex counsel at a mutually convenient time and at a location conducive to production. (d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in such dimensions as required by the specifications,
NYl-90095. 04/20/95 5:18pm
15
characteristics and uses established by the manufacturer of the vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according to size. The brand name appeared on the package as did the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Dust May Cause
Bodily Harm
Serious
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply with
OSILA regulations. Abex, does-not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly reserves the right to supplement this answer.
(g) Abex_'.s. asbestos-containing automotive
'
friction products contained..approximately 25 to 70 percent chrysotile asbestos only. Discovery and investigation is
ongoing. Abex expressly reserves the right to supplement this answer.
(h) See Answer to Interrogatory No. 5(g).
(i) See Answer to Interrogatory No. 5(c).
NY1-90895. 04/2(1/95 5:18pm
16
Brake Shoe:
(c) Abex never mined asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from
approximately 1926 to 1987. Abex believes that this friction product was manufactured from 1943 and its trademark was sold in
1994. Discovery and investigation is ongoing. Abex expressly
reserves the right to supplement this answer. In addition, the
existing business records and documents of Abex, which number in
excess of three million, are preserved in the order in which they
were found. There was never a central corporate filing system of
Abex documents and there is no Abex employee who has personal
knowledge of all the information contained in all the documents.
Abex will respond to this interrogatory by making available for'
inspection and copying"relevant, responsive, non-privilegedi
documents.;. These documents will be made available through Abex
counsel at a mutually convenient time and at a location conducive
to production.
(d) Asbestos-containing automotive brake lining,
manufactured by Abex were shaped into curved, linear segments in
such dimensions as required by the specifications, characteristics andr uses.:..established by the manufacturer of the
vehicle or the equipment on which the lining was applied.
(e) Abex-friction products specifically, its
brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction
products manufactured and sold by Abex were generally packaged in
NY1-90895. 04/20/95 5:18pm
_ 1'
cardboard boxes according to size. The brand name appeared on the package as did the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Dust May Cause
Bodily Harm
Serious
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply with
OSIIA regulations*. Abex" does not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly reserves the. right to supplement this answer.
(g) Abex's asbestos-containing automotive
friction products contained approximately 25 to 70 percent
chrysotile asbestos only. Discovery and investigation is
ongoing. Abex expressly, reserves the right to supplement this
answer.
(h) See Answer to Interrogatory No. 5(g).
(i) See Answer to Interrogatory No. 5(c).
American Eagle:
./V
(c) Abex-.-never mined asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from
approximately 1926 to 1987. Abex believes that this friction
product was manufactured from 1974 and its trademark abandoned in
1994. Discovery and investigation is ongoing. Abex expressly
reserves the right to supplement this answer. In addition, the
.1 % m
NY1-90895. 04/20/95 5:18pm
18
existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they were found. There was never a central corporate filing system of Abex documents and there is no Abex employee who has personal knowledge of all the information contained in all the documents. Abex will respond to this interrogatory by making available for r? inspection and copying relevant, responsive, non-privileged 1 documents'. These documents will be made available through Abex counsel at a mutually convenient time and at a location conducive to production.
(d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in such dimensions as required by the specifications, characteristics and uses established by the manufacturer of the vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according^to: size. The brand name appeared" on the package as did the product name. Abex further states that in the mid-1970's-at the^latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
NY1-90895. 04/20/95 SilBpm
Caution Contains Asbestos Fibers
Avoid Creating Dust
19
-V. V'
7&-V '
;: .. w.
V-: -
Breathing Asbestos Dust May Cause Serious Bodily Harm
Abex believes this warning was first placed on its asbestoscontaining, automotive friction products in order to comply with OSHA regulations. Abex does not believe the wording of this warning was ever changed. Discovery investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(g) Abex's asbestos-containing automotive friction products contained approximately 25 to 70 percent chrysotile asbestos only. Discovery and investigation is ongoing. Abex expressly reserves the right to supplement this answer.
(h) See Answer to Interrogatory No. 5(g). (i) See Answer to Interrogatory No. 5(c). Protector: ip (c) Abex never mined asbestos. Abex manufactured and sold asbestos-containing automotive friction products from approximately 1926 to 1987. Discovery and investigation is ongoing.. Abex expressly reserves the right to supplement this answer. In addition, the existing business records and documents of Abex, which number in excess of three million, are preserved in the order in which they were found. There was never a central corporate filing system.of Abex documents and there is no Abex.. employee who has personal knowledge of all the information contained in all the documents. Abex 'wiir'r':resp6'nd',:'toJ'"'t'fiis/;
-V
interrogatory by making available for inspection and copyings relevant, responsive, non-privileged documents. These documents
NYl-^089^. 04/2(1/95 S-. 18pm
20
will be made available through Abex counsel at a mutually convenient time and at a location conducive to production.
(d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in such dimensions as required by the specifications, characteristics and uses established by the manufacturer of the vehicle or the equipment on which the lining was applied.
(e) Abex friction products specifically, its brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard-boxes according to size. The brand name appeared on the package as.did-the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement- of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Dust May Cause
Bodily Harm
Serious
Abex believes this warning was first placed on its asbestos-
containing .automotive friction products in order to comply with
OSHA regulations. Abex does not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly reserves the.right to supplement this answer.
(g) Abex's asbestos-containing automotive
friction products contained approximately 25 to 70 percent
NY1-9089S. 04/20/95 5:18pm
21
chrysotile asbestos only. Discovery and investigation is
ongoing. Abex expressly reserves the right to supplement this
answer.
(h) See Answer to Interrogatory No. 5(g).
(i) See Answer to Interrogatory No. 5(c).
121 Superbrakesu
(c) Abex never mined asbestos. Abex manufactured
and sold asbestos-containing automotive friction products from
approximately 1926 to 1987. Abex believes that this friction
product was manufactured from 1975 and its trademark was sold in
1994. Discovery and investigation is ongoing. Abex expressly
reserves the right to supplement this answer. In addition, the
existing business records and documents of Abex, which number in
excess.-.of^three, million, are preserved in the order in which they
were found. There was never a central corporate filing system of
Abex documents and there is no Abex employee who has personal
knowledge of all the information contained in all the documents.
Abex will, respond to this interrogatory by making; available, for..
inspection and copying relevant, responsive, hpg^'pr^y3<ieged ^
-
'
- - -s'*- vAe*'-'
"
documents. * These-documents will be made availabi^iphrough Abex
counsel at a mutually convenient time and at a location^conducive.
to production-..
(d) Asbestos-containing automotive brake lining, manufactured by Abex were shaped into curved, linear segments in
such dimensions as required by the specifications,
characteristics and uses established by the manufacturer of the
vehicle or the equipment on which the lining was applied.
NY1-90895. 04/20/95 5:18pm
22
(e) Abex friction products specifically, its brake linings, are generally designed to assist in the stopping or control of a moving object.
(f) Asbestos-containing automotive friction products manufactured and sold by Abex were generally packaged in cardboard boxes according to size. The brand name appeared on the package as did the product name. Abex further states that in the mid-1970's at the latest, and perhaps earlier, Abex commenced the placement of warning labels on its asbestos-containing automotive friction products. This label reads as follows:
Caution Contains Asbestos Fibers Avoid Creating Dust
Breathing Asbestos Dust May Cause Bodily Harm
Serious
Abex believes this warning was first placed on its asbestos-
containing automotive friction products in order to comply with
OSHA regulations. Abex does not believe the wording of this
warning was ever changed. Discovery investigation is ongoing.
Abex expressly: reserves the right to supplement this answer;
(g) Abex's asbestos-containing automotive
.
friction products contained approximately 25 to 70 percent
chrysotile-asbestos only. Discovery and investigation is
ongoing. Abex expressly reserves the right to supplement this
answer.
(h) See Answer to Interrogatory No. 5(g).
(i) See Answer to Interrogatory No. 5(c).
NY1-90895. 04/20/95 5:18pm
23
STATE OF NEW HAMPSHIRE COUNTY OF ROCKINGHAM
) ) 9S. : )
DEXTER L. KENFIELD, being duly sworn, depose;? and states that he is Corporate Counsel of Pneumo Abex Corporation, and that he verifies these Revised Answers to Plaintiff's First Set of Interrogatories for and on behalf of Pneumo Abex Corporation and is authorized to do so; that the facts stated herein have been assembled pursuant; to his instruction and deponent is informed and believes the facts stated therein are complete, true and correct.
Subscribed and sworn to before me this ,/^j'HLda.y
of April, 1995
Dexter L. Kenfield, E/sq.
NY1-90B95. 04/19/95 12:44pm
5