Preview
Cod a ek wD
Robert J. Lyman, State Bar No. 085240
Walter C. Rundin, State Bar No, 072475
Dean Pollack, State Bar No. 176440
Jeffrey 8. Gillespie, State Bar No. 192495
BURNHAM BROWN
‘A Professional Law Corporation
P.O, Box 119
Oakland, California 94604
1901 Harrison Street, L1th Floor
Oakland, California 94612
Telephone: (510) 444-6800
Facsimile: (510) 835-6666
Attomeys for Defendant
ELECTRONICALLY
FILED
‘Superior Court of California,
County of San Francisco
OCT 10 2007
GORDON PARK-LI, Clerl
BY: JUANITA D, MURPHY
Deputy Clerk
BORG-WARNER CORPORATION by its successor-in-
interest BorgWarner Morse TEC Inc., incorrectly identified as
BorgWamer Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO,
UNLIMITED JURISDICTION,
CHARLES BOUDREAUX and DEBORAH
BOUDREAUX,
Plaintiffs,
v.
ADVOCATE MINES, LTD, et al,
Defendants.
EXHIBITS A THROUGH C TO INDI
SUPPORT OF DEF. BOR
JUDGMENT
1
F DOCUMENTARY EVIDENCE IN
/ARNER CORPORATION'S MOTION FOR SUMMARY
No. CGC-07-274029
EXHIBITS J THROUGH N TO INDEX
OF DOCUMENTARY EVIDENCE IN.
SUPPORT OF DEFENDANT BORG-
WARNER CORPORATION’S,
MOTION FOR SUMMARY
JUDGMENT
Date: October 29, 2007
Time: 9:30am.
Dept: 301
Judge: The Honorable Peter J. Busch
Complaint Filed: January 12, 2007
Trial Date: November 13, 2007
No. CGC-7 274029EXHIBIT JJohn Langdoc, Esq. (SBN 235509)
BARON & BUDD, P.C.
3102 Oak Lawn Avenue, Suite 1100
‘Dallas, Texas 75219
‘Telephone: 214/521-3605
Facsimile: 214/520-1181
Carolin K. Shining, Esq. (SBN 201140)
Bric Brown, Esq. (SBN229622)
BARON & BUDD, P.C.
9465 Wilshire Blvd., Suite 460
Beverly Hills, CA 90212
Telephone: 310/860-0476
Facsimile: 310/830-0480
Attorney for Plaintiffs, CHARLES BOUDREAUX AND DEBORAH BOUDREAUX
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO.
CHARLES BOUDREAUX and ) Case No.: CGC-07-274029
DEBORAH BOUDREAUX, )
) PLAINTIFF CHARLES BOUDREAUX’
Plaintiffs, ) ANSWERS TO DEFENDANTS'
) STANDARD INTERROGATORIES
vs. ) TO PLAINTIFF (FRICTION CASE)
)
| ADVOCATE MINES, LTD., et al, )
)
Defendants. )
/PROPOUNDING PARTY: FRICTION DEFENDANTS.
{RESPONDING PARTY: PLAINTIFF CHARLES BOUDREAUX
-1- 18) CLHENTSUREOUDREALK, CIC SPF FL vd
PLAINTUFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)INTERROGATORIES
1. State the full name of each plaintiff answering these interrogatories.
RESPONSE TO INTERROGATORY NO. 1, Charles Boudreaux
2. Do YOU contend that YOU were exposed to asbestos from any ASBESTOS
CONTAINING FRICTION PRODUCTS at any place of employment? If so
A. State the names and address of all places of employment where YOU contend such an
exposure took place.
B. State the dates YOU worked at cach place of employment;
C. IDENTIFY YOUR immediate supervisor(s) at each place of employment;
D. IDENTIFY all of YOUR coworkers at each place of employment (whose name YOU
recall or whose identity is known to YOUR attomey);
E. IDENTIFY any other person with knowledge of YOUR alleged exposure at each
‘place of employment;
F. State YOUR job title at each place of employment;
G. State YOUR job responsibilities at each place of employment,
H. Provide a complete description of any work performed with ASBESTOS
CONTAINING FRICTION PRODUCTS by YOU which YOU contend caused an asbestos
exposure to YOU at each place of employment.
L State the specific parts or components YOU worked with which YOU contend were
ASBESTOS CONTAINING FRICTION PRODUCTS at each place of employment;
J. State the frequency of YOUR exposure to each specific ASBESTOS CONTAINING
|FRICTION PRODUCT at each place of employment;
K For brake replacements, describe the method used to clean the brake assembiy at each
place of employment, including the tools and equipment used;
1. For clutch replacements, describe the method used to clean the clutch assembly at each
[place of employment, including the tools and cquipment used;
M. IDENTIFY by taanufacturer and type cach replacement ASBESTOS CONTAINING
FRICTION PRODUCT installed by YOU by manufacturer and type (e.g, brake linings by ABC
Corp. and XYZ Corp);
-2- NA CLIINTSIBBOUDZEALK CDISOCE-S* Risin Prwpd
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)N. State whether YOU did any arcing of ASBESTOS CONTAINING FRICTION
PRODUCTS at each place of employment and, if so, the frequency of this activity;
O. State whether YOU did any grinding of ASBESTOS CONTAINING FRICTION
[PRODUCTS at cach place of employment and, if'so, the fequency of this activity;
P. State whether YOU did any sanding of. ASBESTOS CONTAINING FRICTION,
PRODUCTS at each place of employment and, if so, the frequency of this activity;
Q State whether YOU did any cutting of ASBESTOS CONTAINING FRICTION
PRODUCTS at each place of employment and, if so, the frequency of this activity;
R. State whether YOU did any drilling of ASBESTOS CONTAINING FRICTION
PRODUCTS at each place of employment and, if so, the frequency of this activity at each place
of employment;
S. State whether YOU removed any ASBESTOS CONTAINING FRICTION,
[PRODUCTS from MOTOR VEHICLES at each place of employment,
T. IDENTIFY by manufacturer and type each ASBESTOS CONTAINING FRICTION
PRODUCT by YOU removed by manufacturer and type (e.g., brake linings by ABC Corp, and
XYZ Corp.);
U. Describe any WRITTEN INFORMATION which indicated the identity of the
manufacturer of any ASBESTOS CONTAINING FRICTION PRODUCTS YOU removed at
leach place of employment;
V. Describe the type of each MOTOR VEHICLE on which YOU performed work with
|ASBESTOS CONTAINING FRICTION PRODUCTS (c.g., car, light truck, heavy truck,
tractor, bus, etc.);
W. IDENTIFY the manufacturer of each MOTOR VEHICLE on which YOU performed
[work with ASBESTOS CONTAINING FRICTION PRODUCTS;
X. Corupletely describe any work performed with ASBESTOS CONTAINING
FRICTION PRODUCTS by others which YOU contend caused an asbestos exposure to YOU;
Y. For each occasion on which YOU contend work performed with ASBESTOS
CONTAINING FRICTION PRODUCTS by others caused an asbestos exposure to YOU, siate
'YOUR proximity to the work performed;
Z. IDENTIFY every supplier from whom YOU obtained ASBESTOS CONTAINING
-3- 2) Cun StHBOUDREALN. SCC Ft Ply
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1] FRICTION PRODUCTS at each place of employment;
2 AA. For each supplier IDENTIFIED above, state the years in which you obtained
3] ASBRSTOS CONTAINING FRICTION PRODUCTS from that supplier,
4 BB. Describe any safety equipment or protective devices for use with ASBESTOS
5] CONTAINING FRICTION PRODUCTS provided to YOU or YOUR coworkers at each place
6 }of employment;
7 CC. Describe any safety equipment or protective devices YOU or YOUR coworkers
8} were required to use with ASBESTOS CONTAINING FRICTION PRODUCTS at each place
9 of employment;
10 DD, Describe any safety equipment or protective devices for use with ASBESTOS
11] CONTAINING FRICTION PRODUCTS used by YOU or YOUR coworkers at each place of
12 employment;
13 EE. IDENTIFY all documents which support YOUR contention that YOU were exposed
14] to asbestos from any ASBESTOS CONTAINING FRICTION PRODUCT (not including
15]documents obtained from other defendants through discovery);
16| RESPONSE ITERROGA’ 0.2. (A-EE) See Plaintiff's Work History Sheets
17] Attached to Plaintiff Charles Boudreaux’ Answers to Defendants’ Standard Interrogatories to
18 [Plaintiff (Personal Injury), Set 1, as well as any and all supplements thereto. Further, discovery is
19| continuing and Plaintiff reserves the right to supplement this response.
20)3. Do YOU contend that YOU were exposed to asbestos from any ASBESTOS
21| CONTAINING FRICTION PRODUCTS anywhere other than a place of employment (ie.,
22| during home auto repair)? Ifso, please state for each such exposure:
23/ A. The location where YOU contend each such exposure took place;
24 B. The dates of each exposure;
25 C. For each such exposure, IDENTIFY the owner of the MOTOR VEILICLE on which
26} YOU performed work with ASBESTOS CONTAINING FRICLION PRODUCTS;
27 D. For each such exposure, IDENTIFY any person who observed YOU working with
28 ASBESTOS CONTAINING FRICSION PRODUCTS,
29 E. For each such exposure, IDENTIFY any other person with knowledge of YOUR
30 Jalleged exposure to ASBESTOS CONTAINING FRICTION PRODUCTS;
-4- Nt CUINVTSBDOUDRSALX ISOCR Ri PL
PLAINTIFF CHARLES BOUDREAUX: ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF @RICTION)F. For each such exposure, provide a complete description of any work performed with
|ASBESTOS CONTAINING FRICTION PRODUCTS by YOU which YOU contend caused an
asbestos exposure to YOU;
G. For each such exposure, describe the specific parts or components YOU worked with
which YOU contend were ASBESTOS CONTAINING FRICTION PRODUCTS;
H. For each brake replacement, describe the method used to clean the brake assembly,
including the tools and equipment used,
I. For each clutch replacement, describe the method used to clean the clutch assembly,
including the tools and equipment used;
J. For each such exposure, IDENTIFY by manufacturer and type the replacement
|ASBESTOS CONTAINING FRICTION PRODUCT installed by YOU (e.g., brake linings by
|ABC Corp. and XYZ Corp);
K. For each such exposure, whether YOU did any arcing of ASBESTOS CONTAINING
FRICTION PRODUCTS;
L. For each such exposure, whether YOU did any grinding of ASBESTOS
CONTAINING FRICTION PRODUCTS;
M. For each such exposure, whether YOU did any sanding of ASBESTOS
CONTAINING FRICTION PRODUCTS;
N. For each such exposure, whether YOU did any cutting of ASBESTOS
|CONTAINING FRICTION PRODUCTS;
. For each such exposure, whether YOU did any drilling of ASBESTOS
CONTAINING FRICTION PRODUCTS; ~
P. For each such exposure, whether YOU removed any ASBESTOS CONTAINING
FRICTION PRODUCTS froma MOTOR VEHICLE;
Q For each such exposure, IDENTIFY by manufacturer and type each ASBESTOS
CONTAINING FRICTION PRODUCT removed by YOU removed (c.g., brake linings by ABC
Corp. and XYZ Corp.);
R. For cuch such exposure, describe any WRITTEN INFORMATION wich indicated
the identity of the manufacturer of any ASBESTOS CONTAINING FRICTION PRODUCTS
YOU removed;
-5- 1, CLIENISHBOUDREALY CISD SF Risin Pine
PLAINTIFF CHARLES BOUDREAUX” ANSWERS TO DEFENDANTS!
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)27
S. For each such exposure, describe the type of MOTOR VEHICLE on which YOU
performed work with ASBESTOS CONTAINING FRICTION PRODUCTS (¢.g,, car, light
truck, heavy truck, tractor, bus, etc.};
T. For each such exposure, IDENTIFY the manufacturer and model year of MOTOR
) VEHICLE on which YOU performed work with ASBESTOS CONTAINING FRICTION
PRODUCTS;
U. For cach such exposure, provide a complete description of any work performed with
ASBESTOS CONTAINING FRICTION PRODUCTS by others which YOU contend caused an
asbestos exposure to YOU;
V. For each occasion on which YOU contend work performed with ASBESTOS
CONTAINING FRICTION PRODUCTS by others caused an asbestos exposure to YOU, state
‘YOUR proximity to the work performed;
W. Please IDENTIFY every supplier from whom YOU obtained ASBESTOS
| CONTAINING FRICTION PRODUCTS;
&. For each supplier IDENTIFIED above, state the years in which YOU obtained
ASBESTOS CONTAINING FRICTION PRODUCTS from that supplier;
Y. For cach such exposure, describe any safety equipment or protective devices for use
with ASBESTOS CONTAINING FRICTION PRODUCTS used by YOU;
Z. IDENTIFY all documents which support YOUR contention that YOU were exposed
to asbestos from any ASBESTOS CONTAINING FRICTION PRODUCT (not including
documents obtained from other defendants through discovery).
.RESPONSE TO INTERROGATORY NO. 3. —_ (A-Z) Yes; see Plaintiff's Work History
Sheets Attached to Plaintiff Charles Boudreaux’ Answers to Defendants' Standard
Interogatories to Plaintiff (Personal Injury), Set 1, as well as any and all supplements thereto.
Further, discovery is continuing and Plaintiff reserves the right to supplement this response.
4. Have YOU ever received any formal instruction or training in MOTOR VEIICLE
inspection, repair, maintenance or mechanics? If 0, please state:
A. Where YOU received su
B, When YOU received such training;
C. By whom the training was given, noting corporate identity as well as name and
-6- [NA CLIENTSBBOUDRRAL.COLSO\CB SF Fiton Pup
PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1 address of individual(s);
2 D. The subject or topics involved,
3 BE. The systems or parts of the MOTOR VEHICLE involved;
4 F. Whether any safety equipment or protective devices with respect to asbestos were
5|discussed and/or advised and, if so, describe the cquipment/devices; and
6 G. Whether the subject of asbestos (asbestos parts, asbestos health hazards, etc.) was
7) discussed and, if so, what was said;
8|RESPONSE TO INTERROGATORY NO. 4. (A-G) See Plaintiff's Work History Sheets
9| Attached to Plaintiff Charles Boudreaux’ Answers to Defendants' Standard Interrogatories to
10 | Plaintiff (Personal Injury), Set 1, as well as any and all supplements thereto. Further, discovery is
11 {continuing and Plaintiff reserves the right to supplement this response.
12}. Were technical or shop manuals ever made available to YOU at any place of employment
13) where YOU performed MOTOR VEHICLE repairs? If so, please state:
14 A. At which place of employment or training or in what other circumstances the manuals
15] were made available;
16 B, The time periods during which the manuals were made available;
7 C. The identity of the manual (ie., Chilton's, etc,);
18 D. What systems or components were covered in the manuals; and
19 E. YOUR wse of the manual (including the frequency of use, reasons for use, etc.).
20] RESPONSE TO INTERROGATORY NO. 5. (A-B) Plaintiff does not specifically recall
21 |whether technical or shop manuals were ever made available to Plaintiff at any place of
22] employment where Plaintiff performed motor vehicle repairs.
23/5. Are YOU contending that any defect or defective condition exists with respect to
24| ASBESTOS CONTAINING FRICTION PRODUCTS other than a failure to warn? Tf so:
25 A. Set forth YOUR contention with respect to the alleged defect or defective condition;
26 B. State all facts upon which YOU base YOUR contention that a defect or defective
27 condition (other than a failure to warn) exists with respect to ASBESTOS CONTAINING
281 FRICTION FROTUCTS;
29 C. IDENTIFY all documents and/or writings upon which YOU rely in so contending: and
30 D. IDENTIFY alf witnesses who have knowledge of the facts upon which YOU rely in so
31
-7- 2 CUT BDOUDREALN, ADIT Reha Pp
PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS’
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)ae Ow ee Ne
3
contending,
sPONSE ITERR¢ 6. (A-D) As adirect result of Friction
/Defendant’s actions, onrissions and negligence, plaintiff contracted an asbestos-related disease.
Friction Defendants knew, or should have known, plaintiff would be at such risk for developing
such diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and
‘unjust hardships in conscious disregard for the rights and safety of such persons. Friction
Defendants knew, or should have known, of the likelihood of such consequences and consciously
disregarded such likely outcomes. Friction Defendants should have avoided such dangerous
consequences but willfully and deliberately failed to do so.
Friction Defendants acted with malice, fraud and oppression in its conduct with regard to
its continued sale, supply, installation and distribution of asbestos-containing products. Despite
its knowledge of the extraordinary health hazards associated with asbestos exposure, Friction
Defendants continued to sell, supply, and distribute such products without warnings or proper
‘precautionary instructions, for decades after such knowledge was first known by it. For a
summary of the information available to defendant through the medical and scientific literature,
please see Barry I. Castieman’s textbook Asbestos: Medical and Legal Aspects.
At relevant times and places, propounding defendant was subject to certain ordinances,
statutes, and other government regulations promulgated by the United States Government, the
State of California, and other, including but not limited to: General Industry Safety Orders
promulgated pursuant to California Labor Code ‘6400 and the California Administrative Code
under the Division of Industrial Safety, Department of Industrial Relations, including but not
{limited to Title VII, Group 9 (Control of Hazardous Substances), Article 81, Section 4150,
4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic
substances under Appendix A, Table 1 of said Safety Orders, California Health and Safety Code
Section 40.200, et seq., which empowers the Southern California Area Air Quality Management
District to promulgate regulations including but not limited to 8.C.A.Q.D. Regulation 11, Rules
2 and 14, Title 40 Code of Federal Regulations, Chapter J, Part 61, et seq.; and The National
Emission Standards for Hazardous Air Pollutants, which required propounding defendant to
lprovide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust
‘and other toxic fumes or substances; and said defendant failed to provide the required safeguards.
-8- Jos CLENTSIBIBOUDRAAL CDISOCE SP Feist Flug
PLAINTIFF CHARLES BOUDREAUX” ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1 [and precautions, or contractors employed by the defendant failed to provide the required
2| safeguards and precautions.
3 Documents supporting plaintiff's claims against Friction Deferidants juclude plaintiffs’
4 [responses to General Order 129 discovery, plaintiff's medical and employment records, and all
5| deposition testimony in this case, Friction Defendants further are referred to its responses to
6| General Order distovery and documents responsive thereto, including but not limited to
7 |responsive deposition transcripts, contracts, brochures, and internal memoranda.
8 Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard
9)Lemen. Plaintiff has many trial exhibits that are available for review at Plaintiff's counsel’s office
10 |at a mutually agreeable time.
11]7. Are YOU contending that any warnings regarding ASBESTOS CONTAINING
12| FRICTION PRODUCTS given were inadequate or insufficient? Ifso, please state:
1B A. State YOUR contention as to each manufacturer or supplier of ASBESTOS
14 {CONTAINING FRICTION PRODUCTS to which YOU contend YOU were exposed:
15 B. State YOUR contention as to how each warning was insufficient;
16 C. State YOUR contention as to what a proper waming should have been;
17 D. IDENTIFY the witnesses who have personal knowledge of the facts which support
18 {any of the contentions set forth above.
19| RESPONSE TO INTERROGATORY NO.7. — (A-D) As a direct result of Friction
20| Defendant's actions, omissions and negligence, plaintiff contracted an asbestos-related disease.
21 | Friction Defendants knew, or should have known, plaintiff would be at such risk for developing
22 |such diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and
23 |unjust hardships in conscious disregard for the rights and safety of such persons. Friction
24| Defendants knew, or should have known, of the likelihood of such consequences and consciously
25 | disregarded such likely outcomes. Friction Defendants should have avoided such dangerous
26 | consequences but willfully and deliberately failed to do so.
27| Friction Defendants acted with malice, frand and oppression in its conduct with regard to
ils vontinued sale, supply, installation ané distribution of asbestos-containing products. Despite
2 | its knowledge of the extraordinary health hazards associated with asbestos exposure, Friction
30| Defendants continued to sell, supply, and distribute such products without warnings or proper
-9- (NS CLIENTSBROUDREALN COISOCB SF Fret Plog
| PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)precautionary instructions, for decades after such knowledge was first known by it. For a
summary of the information available to defendant through the medical and scientific literature,
please see Barry I. Castleman’s textbook Asbestos: Medical and Legal Aspects.
At relevant times and places, propounding defendant was subject to certain ordinances,
statutes, and other government regulations promulgated by the United States Government, the
State of California, and other, including but not limited to: General Industry Safety Orders
promulgated pursuant to California Labor Code ‘6400 and the California Administrative Code
junder the Division of Industrial Safety, Department of Industrial Relations, including but not
limited to Title VIL, Group 9 (Control of Hazardous Substances), Article $1, Section 4150,
4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic
substances under Appendix A, Table 1 of said Safety Orders; California Health and Safety Code
Section 40.200, et seq., which empowers the Southern California Area Air Quality Management
District to promulgate regulations including but not limited to S.C.A.Q.D. Regulation 11, Rules
2 and 14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, et seq.; and The National
Emission Standards for Hazardous Air Pollutants, which required propounding defendant to
provide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust
and other toxic fumes or substances; and said defendant failed to provide the required safeguards
and precautions, or contractors employed by the defendant failed to provide the required
safeguards and precautions.
Documents supporting plaintiff's claims against Friction Defendants include plaintiffs”
responses to General Order 129 discovery, plaintifi’s medical and employment records, and all
deposition testimony in this case. Friction Defendants further are referred to its responses to
General Order discovery and documents responsive thereto, including but not limited to
responsive deposition transcripts, contracts, brochures, and intcrnal memoranda.
Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard
Lemen. Plaintiff has many trial exhibits that are available for review at PlaintifP's counsel's office
at a mutually agreeable time.
8 Do YOU contend that any mirepresentations were made to YOU by amy max
or supplier of ASBESTOS CONTAINING FRICTION PRODUCTS? If so, please state:
A. The nature or substance of the misrepresentation;
turer
~10- Ni. CSUNTSBBOUDREALX CADISCICR SF Pk Php
PLAINTIFF CHARLES BOUDREAUX” ANSWERS 70 DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)B. By whom it was made;
C. To whom it was made; and
D. When it was made,
| RESPONSE TO INTERROGATORY NO. 8. {a-d) Asa direct result of Friction Defendant’s
actions, omissions and negligence, plaintiff contracted an asbestos-related disease. Friction
Defendants knew, or should have known, plaintiff would be at such risk for developing such
diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and
janjust hardships in conscious disregard for the rights and safety of such persons. Friction
Defendants knew, or should have known, of the likelihood of such consequences and consciously
10| disregarded such likely outcomes. Friction Defendants should have avoided such dangerous
11 | consequences but willfully and deliberately failed to do so.
12 Friction Defendants acted with malice, fraud and oppression in its conduct with regard to
13 [its continued sale, supply, installation and distribution of asbestos-containing products. Despite
14]its knowledge of the extraordinary health hazards associated with asbestos exposure, Friction
15| Defendants continued to sell, supply, and distribute such products without warnings or proper
oy Oh ke
©
16 [precautionary instructions, for decades after such knowledge was first known by it. For a
17| summary of the information available to defendant through the medical and scientific literature,
18] please see Barry I. Castleman’s textbook Asbestos: Medical and Legal Aspects.
19 At relevant times and places, propounding defendant was subject to certain ordinances,
20 statutes, and other government regulations promulgated by the United States Government, the
21 {State of California, and other, including but not limited to: General Industry Safety Orders
22 | promulgated pursuant to California Labor Code ‘6400 and the California Administrative Code
23 |under the Division of Industrial Safety, Department of Industrial Relations, including but not
24 |limited to Title VIII, Group 9 (Control of Hazardous Substances), Article 81, Section 4150,
4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic
26| substances under Appendix A, Table 1 of said Salety Orders, California Health and Safety Code
27| Section 40.200, et seq., which empowers the Southern California Area Air Quality Management
v
a
28 | District to promulgate regulations including but not limited to S.C.A.Q.D. Regulation 11, Rnies
292 and 14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, et seq.; and The National
2
8
Emission Standards for Hazardous Air Pollutants, which required propounding defendant to
-i1- NA CLINTSIBOUDREAIDE DISD SF Rie Pt
PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1 [provide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust
2|and other toxic fumes or substances; and said defendant failed to provide the required safeguards
3 and precautions, or contractors employed by the defendant failed to provide the required
4 [safeguards and precautions.
5 Documents supporting plaintiff's claims against Friction Defendants include plaintiffs?
6 | responses to General Order 129 discovery, plaintiff's medical and employment records, and all
7| deposition testimony in this case, Friction Defendants further are referred to its responses to
8| General Order discovery and documents responsive thereto, including but not limited to
9 }responsive deposition transcripts, contracts, brochures, and internal memoranda
10 Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard
11]Lemen. Plaintiff has many trial exhibits that are available for review at Plaintiff's counsei’s office
12 Jat a mutually agreeable time.
13|9. Do YOU contend that there was a violation of any state or federal law or regulation by
14] any manufacturer or supplier of the ASBESTOS CONTAINING FRICTION PRODUCTS to
15} which YOU contend YOU were exposed? If'so, state specifically and in detail and by citation
16} each and every state or federal law or regulation YOU contend was violated and state the name
17) of each manufacturer and/or supplier YOU contend committed the violations
18]RESPONSE TO INTERROGATORY NO. 9. _ As a direct result of Friction Defendant's
19 actions, omissions and negligence, plaintiff contracted an asbestos-related disease. Friction
20| Defendants knew, or should have known, plaintiff would be at such risk for developing such
21 | diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and
22 unjust hardships in conscious disregard for the rights and safety of such persons. Friction
23| Defendants knew, or should have known, of the likelihood of such consequences and consciously
24 | disregarded such likely outcomes. Friction Defendants should have avoided such dangerous
25| consequences but willfully and deliberately failed to do so.
26 Friction Defendants acted with malice, fraud and oppression in its conduct with regard to
27 its continued sale, supply, installation and distribution of asbestos-containing products. Despite
28 J is Knowledge of the extraordinary health, hazards associated with asbestos exposure, Friction
29 [Defendants continued to sell, supply, and distribute such products without wamings or proper
30/ precautionary instructions, for decades after such knowledge was first known by it. For a
-12- iLeLimmsmaounaRAin SOD sen Md
PLAINTIFF CHARLES BOUDREAUX? ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1| summary of the information available to defendant through the medical and scientific literature,
2| please see Barry I. Castleman’s textbook Asbestos: Medical and Legal Aspects.
3 At relevant times and places, propounding defendant was subject to certain ordinances,
4|statutes, and other government regulations promulgated by the United States Government, the
5 State of California, and other, includiag but not limited to: General Industry Safety Orders
6] promulgated pursuant to California Labor Code '6400 and the California Administrative Code
7| under the Division of Industrial Safety, Department of Industrial Relations, including but not
8| limited to Title VII, Group 9 (Control of Hazardous Substances), Article 81, Section 4150,
9|4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic
10|substances under Appendix A, Tabie 1 of said Safety Orders; California Health and Safety Code
11 |Section 40.200, et seq., which empowers the Southern California Area Air Quality Management
12 {District to promulgate regulations including but not limited to S.C.A.Q.D. Regulation 11, Rules
13 [2 and 14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, et seq.; and The National
14|Bmission Standards for Hazardous Air Pollutants, which required propounding defendant to
15 | provide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust
16 fand other toxic fumes or substances; and said defendant failed to provide the required safeguards
17 fand precautions, or contractors employed by the defendant failed to provide the required
18] safeguards and precautions.
19 Documents supporting plaintiff's claims against Friction Defendants include plaintiffs”
20 |responses to General Order 129 discovery, plaintiff's medical and employment records, and all
21 | deposition testimony in this case. Friction Defendants farther are referred to its responses to
22 |General Order discovery and documents responsive thereto, including but not limited to
23 |responsive deposition transcripts, contracts, brochures, and internal memoranda.
24 Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard
25{Lemen. Plaintiffhas many trial exhibits that are available for review at Plaintifl”s counsel's office
26 {at a mutually agreeable time.
27410. Were YOU/are YOU licensed or certified by any local, state or federal authority to
28 jperformn work upon MG1OR VELUCLES? If so, please state
A. By whom YOU were or are licensed or certified;
B, When YOU were licensed or certified;
-13- 1) LIRVTSIRBOUREALN CISC SP Fach Ped
PLAINTI F CHARLES BOUDREAUX ANSWERS TO DEFENDANTS’
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)C. What the requirements were/are to become licensed or certified;
D. Whether YOU had to pass any written examinations to become licensed or certified;
B. Whether YOU had to pass any proficiency examinations to become licensed or
certified;
F. Whether YOU were ever retested or recertified and, if so, the dates of the retesting or
|recertification; and
G. Whether YOUR license or certificate was revoked or suspended and, if so, when and
why.
RESPONSE TO INTERROGATORY NO. 10. Plaintiff has not been licensed or certified by
any local, state or federal authority to perform work upon motor vehicles.
11. Did YOU ever complain about working conditions, specifically any potential hazards of
)working with ASBESTOS CONTAINING FRICTION PRODUCTS? If so:
A. To whom did YOU complain,
B. When did YOU complain;
C. Describe the specific nature of YOUR complaint;
D. What action, if aay, was taken to rectify the situation;
E. State when such action was taken;
F. State whether YOU repeated the complaints if no action was taken;
G. State whether YOUR coworkers joined in YOUR complaints;
H. IDENTIFY anyone who may have heard YOU make YOUR complaints; and
I. State whether YOUR complaints were made orally or in writing.
RESPONSE TO INTERROGATORY NO. 11. (A-I) No.
12. To YOUR knowledge, were any air samplings for asbestos levels taken at any of the
locations at which YOU worked? If so, please state:
A. The work location or place of employment where this occurred:
B. When the sampling(s) took place;
C. By whom the sampling was performed;
D. By what method ihe sampling was performed; and
2. The results of the sampling.
RESPONSE TO INTERROGATORY NO. 12. _(A-E) Plaintiff does not know whether any
-14 2 CLI TS BOL DRBALX CWISCCE-? Farioa Ppa
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS!
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)air samplings for asbestos levels were taken at any of the locations at which Plaintiff worked.
13. To YOUR knowledge, did any governmental agency, federal, state or local, conduct any
inspection of any of YOUR work locations/places of employment? If so, ploase state:
A. Name and address of each work place;
B. Date(s) of inspection;
C. Purpose of inspection;
D. Findings of the inspection; and
E, Whether any changes (of the facilities, equipment or in procedures) were instituted in
‘the work environment within three months of the inspection.
RESPONSE TO INTERROGATORY NO. 13, (A-B) Plaintiff does not know whether any
governmental agency, federal, state or local, conducted any inspection of any of Plaintiff's work
[locations/places of employment.
14. Atany time, were YOU aware of or did YOU read any bulletins, newsletters or similar
publications regarding ASBESTOS CONTAINING FRICTION PRODUCTS or asbestos related
health hazards issued by any manufacturer, distributor or seller of ASBESTOS CONTAINING
FRICTION PRODUCTS, governmental agency, dealership association, union, organization of
MOTOR VEHICLE mechanics or any other group, association or organization? If so, please
state:
A. The title of the publication;
B, The date of the publication;
C. The identity of the group publishing the document;
D., Where YOU saw the document (at the place of employment or mailed to YOUR
home);
E, When YOU saw the document (received regulaily or on an intermittent basis and the
time frame of receipt);
F. The specifics or details of the information concerning asbestos health hazards allegedly
arising from ASBESTOS CONTAINING FRICTION PRODUCTS; and.
G. Whet, if anything, YOU did in respos
to the information contained ia this
publication (including complaints to employers).
JRESPONSE TO INTERROGATORY NO. 14, (A-G) No
-15- Ni CLENTSBBOUDREAUR ODISCCE-SP Fete Php
PLAINTIN CHARLES BOUDREAUX? ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)John Langdoe, Esq. (SBN 235509)
Attomey for Plaintifis
crpseanectneseinplewownt cod Seteg\Tropery brent FECIOLKAICD SF Fon
BLAINTIPY CHARLES BOUDREAUX: ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)
i
i
{
i
|27
Verification page to follow
VERIFICATION
-17-
BW) CLENTRDBOUDRSAL CPISOCESF tan Fis
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS"
STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)EXHIBIT KRoe
soa
[John Langdoc, Esq. (SBN 235509)
BARON & BUDD, P.C. *
3102 Oak Lawn Avenue, Suite 1100
(Dallas, Texas 75219
Telephone: 214/521-3605
| Pacsimtile: 214/520-1181
Carolin K. Shining, Esq. (SBN 201140)
[Eric Brown, Esq, (SBN229622)
BARON & BUDD, P.C.
9465 Wilshire Blvd., Suite 460
[Beverly Hills, CA 90212
Telephone: 310/860-0476
8) racsimile: 310/830-0480
9
Attorney for Plaintiffs, CHARLES BOUDREAUX AND DEBORAH BOUDREAUX
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
FOR THE COUNTY OF SAN FRANCISCO
CHARLES BOUDREAUX and Case No.: CGC-07-274029
DEBORAH BOUDREAUX,
PLAINTIFF CHARLES BOUDREAUX’
Plaintiffs, ANSWERS TO DEFENDANTS’
STANDARD INTERROGATORIES,
vs. TO PLAINTIFF
ADVOCATE MINES, LTD., et al, (Personal Injury), Set 1
Defendants,
PROPOUNDING PARTY: Defendants
RESPONDING PARTY: CHARLES BOUDREAUX
SET NUMBER: One
Nh CURESSRICUDREALC OSCR SK
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD
INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1fe . RESPONSES
STANDARD INTERROGATORY N¢
Please state YOUR:
Full name including first, middle and last names;
Date of birth;
Age;
Place of birth;
Address;
Height and weight;
Social Security number;
Kaiser number;
Government Serial number;
Military Serial number,
Driver's license number and state;
Alll of the names by which YOU have been known;
Highest grade level of schoot completed;
Current spouse's name;
Spouse's date of birth;
Date of current marriage;
Spouse's current address;
Spouse's occupation/employer;
Name(s) of any former spouse(s);
Date(s) of any former marriage(s); and
Place, date and circumstances under which any marriage(s) was (were) dissolved or
terminated.
CHeRPOMOZEP ASK EONMONDS
RESPONSE TO STANDARD INTERROGATORY NO. 1.
Charles Joseph Boudreaux, Charlie
Completed one (1) year of college in California
Deborah Boudreaux
October 24, 1954
August 30, 1980
‘A. Charles Joseph Boudreaux
B. January 17, 1952
c 55
D. New Orleans, Louisiana
JB. 13323'Gina Drive, Lockeford, California 95237
jE 6'4", 195 Ibs.
iG. 437-86-7738
H. Not applicable
I. Not applicable
J. 437-86-7738
K. CA N9366572
L.
M.
N.
0.
P
-2- Ni, CLIRNTEWBOUDREAUKODISOCR SF FA mr
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD
INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1z
26
27
Q. "13323 Gina Drive, Lockeford, California 95237
IR. Office Manager in Stockton, California
S. Victoria Bourg
T. Approximately late 1960s to early 1970s
U. Divorced in Louisiana
STANDARD INTERROGATORY .
marriage, state:
‘Name;
Date of birth;
Whether natural or adopted;
Address;
Occupation; and
‘Whether the child is living or dead.
For each child (either natural or adopted) of any
PONSE TO STANDARD INTERROGATORY
Theresa Boudreaux Baldwin
June 14, 1975
Natural
105 Maplewood, Covington, Louisiana 70433
Homemaker
Living
BBUGBFE BHU OwS
STANDARD INTERROGATORY NO. 3. Are either of YOUR natural parents alive? If
/YOUR answer is "yes", please state for each parent:
AL ‘Name of parent;
B. Current age;
C._ Any history of cancer or respiratory disease; and
D. Occupation.
RESLONSE TO STANDARD INTERROGATORY NO. 3.
Geraldine Boudreaux, Mother
3 Age early 70s
C. Asbestos-related disease
D. Not applicable
STANDARD INTERROGATORY NO. 4. For each of YOUR blood relatives (for example:
parent, grandparent, sibling, child, aunt, uncle) whom YOU belicve died of either a malignancy
(cancer) or pulmonary (lung) disease other than pneumonia, please state, separately for each
person:
A. Fullname;
-3- [NA CLIBNTSS-BOUDREAUK CODSCCE-SF Pet
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD
INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY). SET 1“Blood relation to YOU (for example: parent, grandparent, sibling, aunt, uncle);
Age at death;
Date of death;
City, county and state where the person died; and
The cause of death, as specifically described as possible;
Either (1) attach al! DOCUMENTS evidencing the information sought in this
Quroag
4
interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
containing such data ot (3) describe such DOCUMENTS with sufficient particularity that they
may be made the subject of'a request for production of documents.
7 RESPONSE TO STANDARD INTERROGATORY NO. 4.
[A. Charles Joseph Boudreaux, Sr.
g[B: Father
Cc 52
g{D. 1974
E. Louisiana
10{F. Lung cancer
G. Plaintiff does not have any documents responsive to this request.
i
12
26
27
STANDARD INTERROGATORY NO. 5. State as completely as possible the address of each
of YOUR residences during YOUR lifetime and the inclusive dates of each period of such
residence.
RESPONSE TO STANDARD INTERROGATORY NO. 5.
1952 to 1969: Lived in Marrero, Louisiana
1970 to 1970: Served in the U. S. Air Force
1970 to present: California
STANDARD INTERROGATORY NO. 6. State YOUR educational background and identify
all institations attended, including any apprenticeship courses, or formal on the job training and
identify all institutions attended, the date graduated from each institution, and YOUR major
course of study and any special scholastic honors or degrees received.
RESPONSE TO STANDARD INTERROGATORY NO. 6. Plaintiff completed his GED
while scrving in the U. S. Air Force and later completed one (1) year of college in California.
STANDARD INTERROGATORY NO. 7. State the earliest datc that service of the summons
Jand complaint was effecicd on any defendant in this case
| RESPONSE TO STANDARD INTERROGATORY NO. 7. Plaintiff will supplement.
-4- NA, CLIERTSCARCUDREAUK QDISCCB.SF Set Lup
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD
INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1v
a
4
a
[STANDARD INTERROGATORY NO. 8. Have YOU ever been convicted of a felony? If
“yes", please state fully and in detail the date, place and nature of each such felony conviction.
[Either (1) attach all DOCUMENTS evidencing the information sought in this interrogatory and
its subparts to YOUR answers to these interrogatories or (2) attach disks containing such data or
(3) describe such DOCUMENTS with sufficient particularity that they may be made the subject
of a request for production of documents.
RESPONSE TO STANDARD INTERROGATORY NO. 8 No
STANDARD INTERROGATORY NO. 9. Have YOU ever been a member of the Armed
Forces? If "yes", please state: each branch of service in which YOU served; the inclusive dates of
YOUR service; the date of YOUR discharge from active duty, YOUR service number, each
place (¢.g., fort, base, station, etc.) at which YOU served; and YOUR duties at cach place, If
YOU have not ever been a member of the Armed Forces due to health reasons, please state the
health reasons.
RESPONSE TO STANDARD INTERROGATORY NO. 9. Yes
Branch of service: U.S. Air Force
Inclusive dates service: 1971 to 1979
Date of discharge from active duty: 1979
Service number: 437-86-7738
Place (e.g, fort, base, station, etc.) at which Plaintiff served: Please see Plaintiff's Work
History Sheets, attached, as well as any and all supplements and/or amendments thereto.
Plaintiff's duties at each place: Please see Plaintiff's Work History Sheets, attached, as
well as any and all supplements and/or amendments thereto
STANDARD INTERROGATORY NO. 10. For every doctor who has ever treated or
examined YOU during the last 10 years for any condition, and beyond 10 years for cancer and/or
conditions related to the lungs, respiratory system, and/or ribs and any additional complaints or
conditions stated in response to Interrogatory No. 16, please state for each treatment or
examination:
A Doctor's name;
Doctor's address;
Treatment or examination received;
Date(s) of treatment or cxamination;
Reason for treatment or examination;
Rither (1) attach all DOCUMENTS evidencing the information sought in this
jnterrogatory and its subparts to YOUR aaswers to these interrogatories or (2) attach
disks containing such data or (3) describe such DOCUMENTS with sufficient
particularity that they may be mute the subject of a request for production of documents.
amoaw
RESPONSE TO STANDARD INTERROGATORY NO. 10. (A-H) Plaintiff has provided,
or shortly will provide, authorizations necessary for Defendant to obtain Plaintiff's medical
-5- 24 CLURRSTSSEROUDREAUN CDASCCR.SE PI Set. wp
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD
INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 126
27
[records. See also Plaintiff's Physician List and Hospitalization List attached, as well as any and
| ll supplements and/or amendments thereto. .
STANDARD INYERROGATORY NO. 11. For every hospital in which YOU have ever been
treated, tested, or examined whether as an "inpatient" or as an "outpatient" during the last 10
years for any condition and beyond 10 years for cancer and/or conditions related to the lungs,
respiratory system, and/or ribs and any additionat complaints or conditions stated in response to
Interrogatory No. 16, please state for each hospital visit
Name of hospital;
Address of hospital;
Test, treatment, examination or hospitalization received;
Date of test, treatment, examination or hospitalization received; and
Reason for hospital visit,
Either (1) attach all DOCUMENTS evidencing the information sought in this
interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach
disks containing such data or (3) describe such DOCUMENTS with sufficient
particularity that they may be made the subject of a request for production of documents.
RESPONSE TO STANDARD INTERROGATORY NO. 1i. (A-F) Please see Plaintiff's
medical reports, attached, as well as any and all supplements and/or amendments thereto.
|Additionally, Plaintiff has provided, or shortly will provide, authorizations necessary for
[ Defendant to obtain Plaintiff's medical records. See also Plaintiff's Physician List and
Hospitalization List attached, as well as any and all supplements and/or amendments thereto.
a DOuS
STANDARD INTERROGATORY NO. 12. Have YOU had taken an Xray, CT scan or. high-
resolution CT scan of YOUR "trunk"? If "yes", please state for each:
‘Name and address where taken;
Date(s) and number taken of each;
Part(s) of body xrayed or scanned;
Results, conclusions and/or diagnosis from each, except those prepared by consultants;
Either (1) attach all DOCUMENTS evidencing the information sought in this
interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach
disks containing such data or (3) describe such DOCUMENTS with sufficient
particularity that they may be made the subject of a request for production of documents.
BUOWD>
| RESPONSE TO STANDARD INTERROGA'TORY NO. 12. (A-E) Plaintiff has provided,
or shortly will provide, authorizations necessary for Defendant to obtain PlaintifP's medical
records. See also Plaintiffs Physician List and Hospitalization List attached, as well as any and
all supplemepts and/or amendments th
-6- 4 CLIENT SwABOUDREAUR CHDISTCR-SE LSet mp
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD
INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1STANDARD INTERROGATORY NO. 13. Have YOU ever undergone a pulmonary function
9 es? Heyes please state:
[A. Name and address where test was performed;
3 BL Date of test;
“|C. Name of doctor administering and/or interpreting test;
4fD- Reason for test;
E. Results, conclusions and/or diagnosis from each test, except those prepared by
5 consultants;
. Were YOU informed of the results of the test?
61G. Who informed YOU of the results of the test?
H. Either (1) attach all DOCUMENTS evidencing the information sought in this
7 interrogatory and its subparts to your answers to these interrogatories, or (2) attach disks
8 containing such data, ot (3) describe such DOCUMENTS with sufficient particularity
that they may be made the subject of a request for production of documents.
9
RESPONSE TO STANDARD INTERROGATORY NO. 13. (A-H) Please see PlaintifPs
List of Physicians and Plaintiff's List of Hospitals, attached, as well as any and ali supplements
and/or amendments thereto.
| STANDARD INTERROGATORY NO. 14. Describe the name and quantity of each type of
drug, tranquilizer, sedative or other medication taken or used by YOU during the last 10 years,
specifying the frequency and purpose of use.
JRESPONSE TO STANDARD INTERROGATORY NO. 14. Plaintiff has provided, or
shortly will provide, authorizations necessary for Defendant to obtain PlaintifP s medical records.
See also Plaintiff's Physician List and Hospitalization List attached, as well as any and all
supplements and/or amendments thereto.
STANDARD INTERROGATORY NO. 15. Do YOU or YOUR attorney have any medical
reports except those prepared by consultants from any persons, hospitals, doctors or medical
practitioners or institutions that have ever treated or examined YOU at any time? If "yes", either
(1) attach all DOCUMENTS evidencing the information sought in this interrogatory and its
subparts to YOUR answers to these interrogatories or (2) attach disks containing such data or
(3) describe such DOCUMENTS with sufficient particularity that they may be made the subject
ofa request for production of documents.
RESPONSE TO STANDARD INTERROGATORY NO. 15. Plaintiff has provided, or
} shortly will provide, authorizations necessary for Defendant to obtain Plaintiff's medical records.
“| See also Plaintifi’s Physiciaa List and Hospitalization List attached, as well as any and all
supplements and/or amendments thereto
-7- 2 CLIENTS WAROUDREALN. CDRSCACD-SF Fa
PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD
INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1uv
| STANDARD INTERROGATORY NO. 16. Identify each and every complaint, symptom,
adverse reaction or other injury which YOU allege is directly or indirectly related to YOUR
alleged exposure to RAW ASBESTOS or ASBESTOS CONTAINING MATERIAL and for
ack complaint, symptom, adverse reaction or other injury, please state:
The date on which YOU first became aware of signs of the complaint, symptom, adverse
reaction or injury;
8. The date each such complaint, symptom, adverse reaction or infury ceased to affect
YOU;
C. Any physical change in YOUR appearance occasioned by such complaint, symptom,
adverse reaction or injury;
1D. Each part of YOUR body which YOU contend has been affe
Preview
Cod a ek wD Robert J. Lyman, State Bar No. 085240 Walter C. Rundin, State Bar No, 072475 Dean Pollack, State Bar No. 176440 Jeffrey 8. Gillespie, State Bar No. 192495 BURNHAM BROWN ‘A Professional Law Corporation P.O, Box 119 Oakland, California 94604 1901 Harrison Street, L1th Floor Oakland, California 94612 Telephone: (510) 444-6800 Facsimile: (510) 835-6666 Attomeys for Defendant ELECTRONICALLY FILED ‘Superior Court of California, County of San Francisco OCT 10 2007 GORDON PARK-LI, Clerl BY: JUANITA D, MURPHY Deputy Clerk BORG-WARNER CORPORATION by its successor-in- interest BorgWarner Morse TEC Inc., incorrectly identified as BorgWamer Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, UNLIMITED JURISDICTION, CHARLES BOUDREAUX and DEBORAH BOUDREAUX, Plaintiffs, v. ADVOCATE MINES, LTD, et al, Defendants. EXHIBITS A THROUGH C TO INDI SUPPORT OF DEF. BOR JUDGMENT 1 F DOCUMENTARY EVIDENCE IN /ARNER CORPORATION'S MOTION FOR SUMMARY No. CGC-07-274029 EXHIBITS J THROUGH N TO INDEX OF DOCUMENTARY EVIDENCE IN. SUPPORT OF DEFENDANT BORG- WARNER CORPORATION’S, MOTION FOR SUMMARY JUDGMENT Date: October 29, 2007 Time: 9:30am. Dept: 301 Judge: The Honorable Peter J. Busch Complaint Filed: January 12, 2007 Trial Date: November 13, 2007 No. CGC-7 274029EXHIBIT JJohn Langdoc, Esq. (SBN 235509) BARON & BUDD, P.C. 3102 Oak Lawn Avenue, Suite 1100 ‘Dallas, Texas 75219 ‘Telephone: 214/521-3605 Facsimile: 214/520-1181 Carolin K. Shining, Esq. (SBN 201140) Bric Brown, Esq. (SBN229622) BARON & BUDD, P.C. 9465 Wilshire Blvd., Suite 460 Beverly Hills, CA 90212 Telephone: 310/860-0476 Facsimile: 310/830-0480 Attorney for Plaintiffs, CHARLES BOUDREAUX AND DEBORAH BOUDREAUX SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO. CHARLES BOUDREAUX and ) Case No.: CGC-07-274029 DEBORAH BOUDREAUX, ) ) PLAINTIFF CHARLES BOUDREAUX’ Plaintiffs, ) ANSWERS TO DEFENDANTS' ) STANDARD INTERROGATORIES vs. ) TO PLAINTIFF (FRICTION CASE) ) | ADVOCATE MINES, LTD., et al, ) ) Defendants. ) /PROPOUNDING PARTY: FRICTION DEFENDANTS. {RESPONDING PARTY: PLAINTIFF CHARLES BOUDREAUX -1- 18) CLHENTSUREOUDREALK, CIC SPF FL vd PLAINTUFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)INTERROGATORIES 1. State the full name of each plaintiff answering these interrogatories. RESPONSE TO INTERROGATORY NO. 1, Charles Boudreaux 2. Do YOU contend that YOU were exposed to asbestos from any ASBESTOS CONTAINING FRICTION PRODUCTS at any place of employment? If so A. State the names and address of all places of employment where YOU contend such an exposure took place. B. State the dates YOU worked at cach place of employment; C. IDENTIFY YOUR immediate supervisor(s) at each place of employment; D. IDENTIFY all of YOUR coworkers at each place of employment (whose name YOU recall or whose identity is known to YOUR attomey); E. IDENTIFY any other person with knowledge of YOUR alleged exposure at each ‘place of employment; F. State YOUR job title at each place of employment; G. State YOUR job responsibilities at each place of employment, H. Provide a complete description of any work performed with ASBESTOS CONTAINING FRICTION PRODUCTS by YOU which YOU contend caused an asbestos exposure to YOU at each place of employment. L State the specific parts or components YOU worked with which YOU contend were ASBESTOS CONTAINING FRICTION PRODUCTS at each place of employment; J. State the frequency of YOUR exposure to each specific ASBESTOS CONTAINING |FRICTION PRODUCT at each place of employment; K For brake replacements, describe the method used to clean the brake assembiy at each place of employment, including the tools and equipment used; 1. For clutch replacements, describe the method used to clean the clutch assembly at each [place of employment, including the tools and cquipment used; M. IDENTIFY by taanufacturer and type cach replacement ASBESTOS CONTAINING FRICTION PRODUCT installed by YOU by manufacturer and type (e.g, brake linings by ABC Corp. and XYZ Corp); -2- NA CLIINTSIBBOUDZEALK CDISOCE-S* Risin Prwpd PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)N. State whether YOU did any arcing of ASBESTOS CONTAINING FRICTION PRODUCTS at each place of employment and, if so, the frequency of this activity; O. State whether YOU did any grinding of ASBESTOS CONTAINING FRICTION [PRODUCTS at cach place of employment and, if'so, the fequency of this activity; P. State whether YOU did any sanding of. ASBESTOS CONTAINING FRICTION, PRODUCTS at each place of employment and, if so, the frequency of this activity; Q State whether YOU did any cutting of ASBESTOS CONTAINING FRICTION PRODUCTS at each place of employment and, if so, the frequency of this activity; R. State whether YOU did any drilling of ASBESTOS CONTAINING FRICTION PRODUCTS at each place of employment and, if so, the frequency of this activity at each place of employment; S. State whether YOU removed any ASBESTOS CONTAINING FRICTION, [PRODUCTS from MOTOR VEHICLES at each place of employment, T. IDENTIFY by manufacturer and type each ASBESTOS CONTAINING FRICTION PRODUCT by YOU removed by manufacturer and type (e.g., brake linings by ABC Corp, and XYZ Corp.); U. Describe any WRITTEN INFORMATION which indicated the identity of the manufacturer of any ASBESTOS CONTAINING FRICTION PRODUCTS YOU removed at leach place of employment; V. Describe the type of each MOTOR VEHICLE on which YOU performed work with |ASBESTOS CONTAINING FRICTION PRODUCTS (c.g., car, light truck, heavy truck, tractor, bus, etc.); W. IDENTIFY the manufacturer of each MOTOR VEHICLE on which YOU performed [work with ASBESTOS CONTAINING FRICTION PRODUCTS; X. Corupletely describe any work performed with ASBESTOS CONTAINING FRICTION PRODUCTS by others which YOU contend caused an asbestos exposure to YOU; Y. For each occasion on which YOU contend work performed with ASBESTOS CONTAINING FRICTION PRODUCTS by others caused an asbestos exposure to YOU, siate 'YOUR proximity to the work performed; Z. IDENTIFY every supplier from whom YOU obtained ASBESTOS CONTAINING -3- 2) Cun StHBOUDREALN. SCC Ft Ply PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1] FRICTION PRODUCTS at each place of employment; 2 AA. For each supplier IDENTIFIED above, state the years in which you obtained 3] ASBRSTOS CONTAINING FRICTION PRODUCTS from that supplier, 4 BB. Describe any safety equipment or protective devices for use with ASBESTOS 5] CONTAINING FRICTION PRODUCTS provided to YOU or YOUR coworkers at each place 6 }of employment; 7 CC. Describe any safety equipment or protective devices YOU or YOUR coworkers 8} were required to use with ASBESTOS CONTAINING FRICTION PRODUCTS at each place 9 of employment; 10 DD, Describe any safety equipment or protective devices for use with ASBESTOS 11] CONTAINING FRICTION PRODUCTS used by YOU or YOUR coworkers at each place of 12 employment; 13 EE. IDENTIFY all documents which support YOUR contention that YOU were exposed 14] to asbestos from any ASBESTOS CONTAINING FRICTION PRODUCT (not including 15]documents obtained from other defendants through discovery); 16| RESPONSE ITERROGA’ 0.2. (A-EE) See Plaintiff's Work History Sheets 17] Attached to Plaintiff Charles Boudreaux’ Answers to Defendants’ Standard Interrogatories to 18 [Plaintiff (Personal Injury), Set 1, as well as any and all supplements thereto. Further, discovery is 19| continuing and Plaintiff reserves the right to supplement this response. 20)3. Do YOU contend that YOU were exposed to asbestos from any ASBESTOS 21| CONTAINING FRICTION PRODUCTS anywhere other than a place of employment (ie., 22| during home auto repair)? Ifso, please state for each such exposure: 23/ A. The location where YOU contend each such exposure took place; 24 B. The dates of each exposure; 25 C. For each such exposure, IDENTIFY the owner of the MOTOR VEILICLE on which 26} YOU performed work with ASBESTOS CONTAINING FRICLION PRODUCTS; 27 D. For each such exposure, IDENTIFY any person who observed YOU working with 28 ASBESTOS CONTAINING FRICSION PRODUCTS, 29 E. For each such exposure, IDENTIFY any other person with knowledge of YOUR 30 Jalleged exposure to ASBESTOS CONTAINING FRICTION PRODUCTS; -4- Nt CUINVTSBDOUDRSALX ISOCR Ri PL PLAINTIFF CHARLES BOUDREAUX: ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF @RICTION)F. For each such exposure, provide a complete description of any work performed with |ASBESTOS CONTAINING FRICTION PRODUCTS by YOU which YOU contend caused an asbestos exposure to YOU; G. For each such exposure, describe the specific parts or components YOU worked with which YOU contend were ASBESTOS CONTAINING FRICTION PRODUCTS; H. For each brake replacement, describe the method used to clean the brake assembly, including the tools and equipment used, I. For each clutch replacement, describe the method used to clean the clutch assembly, including the tools and equipment used; J. For each such exposure, IDENTIFY by manufacturer and type the replacement |ASBESTOS CONTAINING FRICTION PRODUCT installed by YOU (e.g., brake linings by |ABC Corp. and XYZ Corp); K. For each such exposure, whether YOU did any arcing of ASBESTOS CONTAINING FRICTION PRODUCTS; L. For each such exposure, whether YOU did any grinding of ASBESTOS CONTAINING FRICTION PRODUCTS; M. For each such exposure, whether YOU did any sanding of ASBESTOS CONTAINING FRICTION PRODUCTS; N. For each such exposure, whether YOU did any cutting of ASBESTOS |CONTAINING FRICTION PRODUCTS; . For each such exposure, whether YOU did any drilling of ASBESTOS CONTAINING FRICTION PRODUCTS; ~ P. For each such exposure, whether YOU removed any ASBESTOS CONTAINING FRICTION PRODUCTS froma MOTOR VEHICLE; Q For each such exposure, IDENTIFY by manufacturer and type each ASBESTOS CONTAINING FRICTION PRODUCT removed by YOU removed (c.g., brake linings by ABC Corp. and XYZ Corp.); R. For cuch such exposure, describe any WRITTEN INFORMATION wich indicated the identity of the manufacturer of any ASBESTOS CONTAINING FRICTION PRODUCTS YOU removed; -5- 1, CLIENISHBOUDREALY CISD SF Risin Pine PLAINTIFF CHARLES BOUDREAUX” ANSWERS TO DEFENDANTS! STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)27 S. For each such exposure, describe the type of MOTOR VEHICLE on which YOU performed work with ASBESTOS CONTAINING FRICTION PRODUCTS (¢.g,, car, light truck, heavy truck, tractor, bus, etc.}; T. For each such exposure, IDENTIFY the manufacturer and model year of MOTOR ) VEHICLE on which YOU performed work with ASBESTOS CONTAINING FRICTION PRODUCTS; U. For cach such exposure, provide a complete description of any work performed with ASBESTOS CONTAINING FRICTION PRODUCTS by others which YOU contend caused an asbestos exposure to YOU; V. For each occasion on which YOU contend work performed with ASBESTOS CONTAINING FRICTION PRODUCTS by others caused an asbestos exposure to YOU, state ‘YOUR proximity to the work performed; W. Please IDENTIFY every supplier from whom YOU obtained ASBESTOS | CONTAINING FRICTION PRODUCTS; &. For each supplier IDENTIFIED above, state the years in which YOU obtained ASBESTOS CONTAINING FRICTION PRODUCTS from that supplier; Y. For cach such exposure, describe any safety equipment or protective devices for use with ASBESTOS CONTAINING FRICTION PRODUCTS used by YOU; Z. IDENTIFY all documents which support YOUR contention that YOU were exposed to asbestos from any ASBESTOS CONTAINING FRICTION PRODUCT (not including documents obtained from other defendants through discovery). .RESPONSE TO INTERROGATORY NO. 3. —_ (A-Z) Yes; see Plaintiff's Work History Sheets Attached to Plaintiff Charles Boudreaux’ Answers to Defendants' Standard Interogatories to Plaintiff (Personal Injury), Set 1, as well as any and all supplements thereto. Further, discovery is continuing and Plaintiff reserves the right to supplement this response. 4. Have YOU ever received any formal instruction or training in MOTOR VEIICLE inspection, repair, maintenance or mechanics? If 0, please state: A. Where YOU received su B, When YOU received such training; C. By whom the training was given, noting corporate identity as well as name and -6- [NA CLIENTSBBOUDRRAL.COLSO\CB SF Fiton Pup PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1 address of individual(s); 2 D. The subject or topics involved, 3 BE. The systems or parts of the MOTOR VEHICLE involved; 4 F. Whether any safety equipment or protective devices with respect to asbestos were 5|discussed and/or advised and, if so, describe the cquipment/devices; and 6 G. Whether the subject of asbestos (asbestos parts, asbestos health hazards, etc.) was 7) discussed and, if so, what was said; 8|RESPONSE TO INTERROGATORY NO. 4. (A-G) See Plaintiff's Work History Sheets 9| Attached to Plaintiff Charles Boudreaux’ Answers to Defendants' Standard Interrogatories to 10 | Plaintiff (Personal Injury), Set 1, as well as any and all supplements thereto. Further, discovery is 11 {continuing and Plaintiff reserves the right to supplement this response. 12}. Were technical or shop manuals ever made available to YOU at any place of employment 13) where YOU performed MOTOR VEHICLE repairs? If so, please state: 14 A. At which place of employment or training or in what other circumstances the manuals 15] were made available; 16 B, The time periods during which the manuals were made available; 7 C. The identity of the manual (ie., Chilton's, etc,); 18 D. What systems or components were covered in the manuals; and 19 E. YOUR wse of the manual (including the frequency of use, reasons for use, etc.). 20] RESPONSE TO INTERROGATORY NO. 5. (A-B) Plaintiff does not specifically recall 21 |whether technical or shop manuals were ever made available to Plaintiff at any place of 22] employment where Plaintiff performed motor vehicle repairs. 23/5. Are YOU contending that any defect or defective condition exists with respect to 24| ASBESTOS CONTAINING FRICTION PRODUCTS other than a failure to warn? Tf so: 25 A. Set forth YOUR contention with respect to the alleged defect or defective condition; 26 B. State all facts upon which YOU base YOUR contention that a defect or defective 27 condition (other than a failure to warn) exists with respect to ASBESTOS CONTAINING 281 FRICTION FROTUCTS; 29 C. IDENTIFY all documents and/or writings upon which YOU rely in so contending: and 30 D. IDENTIFY alf witnesses who have knowledge of the facts upon which YOU rely in so 31 -7- 2 CUT BDOUDREALN, ADIT Reha Pp PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)ae Ow ee Ne 3 contending, sPONSE ITERR¢ 6. (A-D) As adirect result of Friction /Defendant’s actions, onrissions and negligence, plaintiff contracted an asbestos-related disease. Friction Defendants knew, or should have known, plaintiff would be at such risk for developing such diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and ‘unjust hardships in conscious disregard for the rights and safety of such persons. Friction Defendants knew, or should have known, of the likelihood of such consequences and consciously disregarded such likely outcomes. Friction Defendants should have avoided such dangerous consequences but willfully and deliberately failed to do so. Friction Defendants acted with malice, fraud and oppression in its conduct with regard to its continued sale, supply, installation and distribution of asbestos-containing products. Despite its knowledge of the extraordinary health hazards associated with asbestos exposure, Friction Defendants continued to sell, supply, and distribute such products without warnings or proper ‘precautionary instructions, for decades after such knowledge was first known by it. For a summary of the information available to defendant through the medical and scientific literature, please see Barry I. Castieman’s textbook Asbestos: Medical and Legal Aspects. At relevant times and places, propounding defendant was subject to certain ordinances, statutes, and other government regulations promulgated by the United States Government, the State of California, and other, including but not limited to: General Industry Safety Orders promulgated pursuant to California Labor Code ‘6400 and the California Administrative Code under the Division of Industrial Safety, Department of Industrial Relations, including but not {limited to Title VII, Group 9 (Control of Hazardous Substances), Article 81, Section 4150, 4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic substances under Appendix A, Table 1 of said Safety Orders, California Health and Safety Code Section 40.200, et seq., which empowers the Southern California Area Air Quality Management District to promulgate regulations including but not limited to 8.C.A.Q.D. Regulation 11, Rules 2 and 14, Title 40 Code of Federal Regulations, Chapter J, Part 61, et seq.; and The National Emission Standards for Hazardous Air Pollutants, which required propounding defendant to lprovide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust ‘and other toxic fumes or substances; and said defendant failed to provide the required safeguards. -8- Jos CLENTSIBIBOUDRAAL CDISOCE SP Feist Flug PLAINTIFF CHARLES BOUDREAUX” ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1 [and precautions, or contractors employed by the defendant failed to provide the required 2| safeguards and precautions. 3 Documents supporting plaintiff's claims against Friction Deferidants juclude plaintiffs’ 4 [responses to General Order 129 discovery, plaintiff's medical and employment records, and all 5| deposition testimony in this case, Friction Defendants further are referred to its responses to 6| General Order distovery and documents responsive thereto, including but not limited to 7 |responsive deposition transcripts, contracts, brochures, and internal memoranda. 8 Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard 9)Lemen. Plaintiff has many trial exhibits that are available for review at Plaintiff's counsel’s office 10 |at a mutually agreeable time. 11]7. Are YOU contending that any warnings regarding ASBESTOS CONTAINING 12| FRICTION PRODUCTS given were inadequate or insufficient? Ifso, please state: 1B A. State YOUR contention as to each manufacturer or supplier of ASBESTOS 14 {CONTAINING FRICTION PRODUCTS to which YOU contend YOU were exposed: 15 B. State YOUR contention as to how each warning was insufficient; 16 C. State YOUR contention as to what a proper waming should have been; 17 D. IDENTIFY the witnesses who have personal knowledge of the facts which support 18 {any of the contentions set forth above. 19| RESPONSE TO INTERROGATORY NO.7. — (A-D) As a direct result of Friction 20| Defendant's actions, omissions and negligence, plaintiff contracted an asbestos-related disease. 21 | Friction Defendants knew, or should have known, plaintiff would be at such risk for developing 22 |such diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and 23 |unjust hardships in conscious disregard for the rights and safety of such persons. Friction 24| Defendants knew, or should have known, of the likelihood of such consequences and consciously 25 | disregarded such likely outcomes. Friction Defendants should have avoided such dangerous 26 | consequences but willfully and deliberately failed to do so. 27| Friction Defendants acted with malice, frand and oppression in its conduct with regard to ils vontinued sale, supply, installation ané distribution of asbestos-containing products. Despite 2 | its knowledge of the extraordinary health hazards associated with asbestos exposure, Friction 30| Defendants continued to sell, supply, and distribute such products without warnings or proper -9- (NS CLIENTSBROUDREALN COISOCB SF Fret Plog | PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)precautionary instructions, for decades after such knowledge was first known by it. For a summary of the information available to defendant through the medical and scientific literature, please see Barry I. Castleman’s textbook Asbestos: Medical and Legal Aspects. At relevant times and places, propounding defendant was subject to certain ordinances, statutes, and other government regulations promulgated by the United States Government, the State of California, and other, including but not limited to: General Industry Safety Orders promulgated pursuant to California Labor Code ‘6400 and the California Administrative Code junder the Division of Industrial Safety, Department of Industrial Relations, including but not limited to Title VIL, Group 9 (Control of Hazardous Substances), Article $1, Section 4150, 4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic substances under Appendix A, Table 1 of said Safety Orders; California Health and Safety Code Section 40.200, et seq., which empowers the Southern California Area Air Quality Management District to promulgate regulations including but not limited to S.C.A.Q.D. Regulation 11, Rules 2 and 14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, et seq.; and The National Emission Standards for Hazardous Air Pollutants, which required propounding defendant to provide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust and other toxic fumes or substances; and said defendant failed to provide the required safeguards and precautions, or contractors employed by the defendant failed to provide the required safeguards and precautions. Documents supporting plaintiff's claims against Friction Defendants include plaintiffs” responses to General Order 129 discovery, plaintifi’s medical and employment records, and all deposition testimony in this case. Friction Defendants further are referred to its responses to General Order discovery and documents responsive thereto, including but not limited to responsive deposition transcripts, contracts, brochures, and intcrnal memoranda. Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard Lemen. Plaintiff has many trial exhibits that are available for review at PlaintifP's counsel's office at a mutually agreeable time. 8 Do YOU contend that any mirepresentations were made to YOU by amy max or supplier of ASBESTOS CONTAINING FRICTION PRODUCTS? If so, please state: A. The nature or substance of the misrepresentation; turer ~10- Ni. CSUNTSBBOUDREALX CADISCICR SF Pk Php PLAINTIFF CHARLES BOUDREAUX” ANSWERS 70 DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)B. By whom it was made; C. To whom it was made; and D. When it was made, | RESPONSE TO INTERROGATORY NO. 8. {a-d) Asa direct result of Friction Defendant’s actions, omissions and negligence, plaintiff contracted an asbestos-related disease. Friction Defendants knew, or should have known, plaintiff would be at such risk for developing such diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and janjust hardships in conscious disregard for the rights and safety of such persons. Friction Defendants knew, or should have known, of the likelihood of such consequences and consciously 10| disregarded such likely outcomes. Friction Defendants should have avoided such dangerous 11 | consequences but willfully and deliberately failed to do so. 12 Friction Defendants acted with malice, fraud and oppression in its conduct with regard to 13 [its continued sale, supply, installation and distribution of asbestos-containing products. Despite 14]its knowledge of the extraordinary health hazards associated with asbestos exposure, Friction 15| Defendants continued to sell, supply, and distribute such products without warnings or proper oy Oh ke © 16 [precautionary instructions, for decades after such knowledge was first known by it. For a 17| summary of the information available to defendant through the medical and scientific literature, 18] please see Barry I. Castleman’s textbook Asbestos: Medical and Legal Aspects. 19 At relevant times and places, propounding defendant was subject to certain ordinances, 20 statutes, and other government regulations promulgated by the United States Government, the 21 {State of California, and other, including but not limited to: General Industry Safety Orders 22 | promulgated pursuant to California Labor Code ‘6400 and the California Administrative Code 23 |under the Division of Industrial Safety, Department of Industrial Relations, including but not 24 |limited to Title VIII, Group 9 (Control of Hazardous Substances), Article 81, Section 4150, 4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic 26| substances under Appendix A, Table 1 of said Salety Orders, California Health and Safety Code 27| Section 40.200, et seq., which empowers the Southern California Area Air Quality Management v a 28 | District to promulgate regulations including but not limited to S.C.A.Q.D. Regulation 11, Rnies 292 and 14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, et seq.; and The National 2 8 Emission Standards for Hazardous Air Pollutants, which required propounding defendant to -i1- NA CLINTSIBOUDREAIDE DISD SF Rie Pt PLAINTIFF CHARLES BOUDREAUX ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1 [provide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust 2|and other toxic fumes or substances; and said defendant failed to provide the required safeguards 3 and precautions, or contractors employed by the defendant failed to provide the required 4 [safeguards and precautions. 5 Documents supporting plaintiff's claims against Friction Defendants include plaintiffs? 6 | responses to General Order 129 discovery, plaintiff's medical and employment records, and all 7| deposition testimony in this case, Friction Defendants further are referred to its responses to 8| General Order discovery and documents responsive thereto, including but not limited to 9 }responsive deposition transcripts, contracts, brochures, and internal memoranda 10 Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard 11]Lemen. Plaintiff has many trial exhibits that are available for review at Plaintiff's counsei’s office 12 Jat a mutually agreeable time. 13|9. Do YOU contend that there was a violation of any state or federal law or regulation by 14] any manufacturer or supplier of the ASBESTOS CONTAINING FRICTION PRODUCTS to 15} which YOU contend YOU were exposed? If'so, state specifically and in detail and by citation 16} each and every state or federal law or regulation YOU contend was violated and state the name 17) of each manufacturer and/or supplier YOU contend committed the violations 18]RESPONSE TO INTERROGATORY NO. 9. _ As a direct result of Friction Defendant's 19 actions, omissions and negligence, plaintiff contracted an asbestos-related disease. Friction 20| Defendants knew, or should have known, plaintiff would be at such risk for developing such 21 | diseases. Friction Defendants's conduct subjected plaintiff, and others like him, to cruel and 22 unjust hardships in conscious disregard for the rights and safety of such persons. Friction 23| Defendants knew, or should have known, of the likelihood of such consequences and consciously 24 | disregarded such likely outcomes. Friction Defendants should have avoided such dangerous 25| consequences but willfully and deliberately failed to do so. 26 Friction Defendants acted with malice, fraud and oppression in its conduct with regard to 27 its continued sale, supply, installation and distribution of asbestos-containing products. Despite 28 J is Knowledge of the extraordinary health, hazards associated with asbestos exposure, Friction 29 [Defendants continued to sell, supply, and distribute such products without wamings or proper 30/ precautionary instructions, for decades after such knowledge was first known by it. For a -12- iLeLimmsmaounaRAin SOD sen Md PLAINTIFF CHARLES BOUDREAUX? ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)1| summary of the information available to defendant through the medical and scientific literature, 2| please see Barry I. Castleman’s textbook Asbestos: Medical and Legal Aspects. 3 At relevant times and places, propounding defendant was subject to certain ordinances, 4|statutes, and other government regulations promulgated by the United States Government, the 5 State of California, and other, includiag but not limited to: General Industry Safety Orders 6] promulgated pursuant to California Labor Code '6400 and the California Administrative Code 7| under the Division of Industrial Safety, Department of Industrial Relations, including but not 8| limited to Title VII, Group 9 (Control of Hazardous Substances), Article 81, Section 4150, 9|4106, 4107, and 4108, and Threshold Limit Values as documented for asbestos and other toxic 10|substances under Appendix A, Tabie 1 of said Safety Orders; California Health and Safety Code 11 |Section 40.200, et seq., which empowers the Southern California Area Air Quality Management 12 {District to promulgate regulations including but not limited to S.C.A.Q.D. Regulation 11, Rules 13 [2 and 14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, et seq.; and The National 14|Bmission Standards for Hazardous Air Pollutants, which required propounding defendant to 15 | provide specific safeguards or precautions to prevent or reduce the inhalation of asbestos dust 16 fand other toxic fumes or substances; and said defendant failed to provide the required safeguards 17 fand precautions, or contractors employed by the defendant failed to provide the required 18] safeguards and precautions. 19 Documents supporting plaintiff's claims against Friction Defendants include plaintiffs” 20 |responses to General Order 129 discovery, plaintiff's medical and employment records, and all 21 | deposition testimony in this case. Friction Defendants farther are referred to its responses to 22 |General Order discovery and documents responsive thereto, including but not limited to 23 |responsive deposition transcripts, contracts, brochures, and internal memoranda. 24 Individuals with knowledge of such facts include Dr. Barry Castleman and Dr. Richard 25{Lemen. Plaintiffhas many trial exhibits that are available for review at Plaintifl”s counsel's office 26 {at a mutually agreeable time. 27410. Were YOU/are YOU licensed or certified by any local, state or federal authority to 28 jperformn work upon MG1OR VELUCLES? If so, please state A. By whom YOU were or are licensed or certified; B, When YOU were licensed or certified; -13- 1) LIRVTSIRBOUREALN CISC SP Fach Ped PLAINTI F CHARLES BOUDREAUX ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)C. What the requirements were/are to become licensed or certified; D. Whether YOU had to pass any written examinations to become licensed or certified; B. Whether YOU had to pass any proficiency examinations to become licensed or certified; F. Whether YOU were ever retested or recertified and, if so, the dates of the retesting or |recertification; and G. Whether YOUR license or certificate was revoked or suspended and, if so, when and why. RESPONSE TO INTERROGATORY NO. 10. Plaintiff has not been licensed or certified by any local, state or federal authority to perform work upon motor vehicles. 11. Did YOU ever complain about working conditions, specifically any potential hazards of )working with ASBESTOS CONTAINING FRICTION PRODUCTS? If so: A. To whom did YOU complain, B. When did YOU complain; C. Describe the specific nature of YOUR complaint; D. What action, if aay, was taken to rectify the situation; E. State when such action was taken; F. State whether YOU repeated the complaints if no action was taken; G. State whether YOUR coworkers joined in YOUR complaints; H. IDENTIFY anyone who may have heard YOU make YOUR complaints; and I. State whether YOUR complaints were made orally or in writing. RESPONSE TO INTERROGATORY NO. 11. (A-I) No. 12. To YOUR knowledge, were any air samplings for asbestos levels taken at any of the locations at which YOU worked? If so, please state: A. The work location or place of employment where this occurred: B. When the sampling(s) took place; C. By whom the sampling was performed; D. By what method ihe sampling was performed; and 2. The results of the sampling. RESPONSE TO INTERROGATORY NO. 12. _(A-E) Plaintiff does not know whether any -14 2 CLI TS BOL DRBALX CWISCCE-? Farioa Ppa PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS! STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)air samplings for asbestos levels were taken at any of the locations at which Plaintiff worked. 13. To YOUR knowledge, did any governmental agency, federal, state or local, conduct any inspection of any of YOUR work locations/places of employment? If so, ploase state: A. Name and address of each work place; B. Date(s) of inspection; C. Purpose of inspection; D. Findings of the inspection; and E, Whether any changes (of the facilities, equipment or in procedures) were instituted in ‘the work environment within three months of the inspection. RESPONSE TO INTERROGATORY NO. 13, (A-B) Plaintiff does not know whether any governmental agency, federal, state or local, conducted any inspection of any of Plaintiff's work [locations/places of employment. 14. Atany time, were YOU aware of or did YOU read any bulletins, newsletters or similar publications regarding ASBESTOS CONTAINING FRICTION PRODUCTS or asbestos related health hazards issued by any manufacturer, distributor or seller of ASBESTOS CONTAINING FRICTION PRODUCTS, governmental agency, dealership association, union, organization of MOTOR VEHICLE mechanics or any other group, association or organization? If so, please state: A. The title of the publication; B, The date of the publication; C. The identity of the group publishing the document; D., Where YOU saw the document (at the place of employment or mailed to YOUR home); E, When YOU saw the document (received regulaily or on an intermittent basis and the time frame of receipt); F. The specifics or details of the information concerning asbestos health hazards allegedly arising from ASBESTOS CONTAINING FRICTION PRODUCTS; and. G. Whet, if anything, YOU did in respos to the information contained ia this publication (including complaints to employers). JRESPONSE TO INTERROGATORY NO. 14, (A-G) No -15- Ni CLENTSBBOUDREAUR ODISCCE-SP Fete Php PLAINTIN CHARLES BOUDREAUX? ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)John Langdoe, Esq. (SBN 235509) Attomey for Plaintifis crpseanectneseinplewownt cod Seteg\Tropery brent FECIOLKAICD SF Fon BLAINTIPY CHARLES BOUDREAUX: ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION) i i { i |27 Verification page to follow VERIFICATION -17- BW) CLENTRDBOUDRSAL CPISOCESF tan Fis PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS" STANDARD INTERROGATORIES TO PLAINTIFF (FRICTION)EXHIBIT KRoe soa [John Langdoc, Esq. (SBN 235509) BARON & BUDD, P.C. * 3102 Oak Lawn Avenue, Suite 1100 (Dallas, Texas 75219 Telephone: 214/521-3605 | Pacsimtile: 214/520-1181 Carolin K. Shining, Esq. (SBN 201140) [Eric Brown, Esq, (SBN229622) BARON & BUDD, P.C. 9465 Wilshire Blvd., Suite 460 [Beverly Hills, CA 90212 Telephone: 310/860-0476 8) racsimile: 310/830-0480 9 Attorney for Plaintiffs, CHARLES BOUDREAUX AND DEBORAH BOUDREAUX SUPERIOR COURT OF THE STATE OF CALIFORNIA. FOR THE COUNTY OF SAN FRANCISCO CHARLES BOUDREAUX and Case No.: CGC-07-274029 DEBORAH BOUDREAUX, PLAINTIFF CHARLES BOUDREAUX’ Plaintiffs, ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES, vs. TO PLAINTIFF ADVOCATE MINES, LTD., et al, (Personal Injury), Set 1 Defendants, PROPOUNDING PARTY: Defendants RESPONDING PARTY: CHARLES BOUDREAUX SET NUMBER: One Nh CURESSRICUDREALC OSCR SK PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1fe . RESPONSES STANDARD INTERROGATORY N¢ Please state YOUR: Full name including first, middle and last names; Date of birth; Age; Place of birth; Address; Height and weight; Social Security number; Kaiser number; Government Serial number; Military Serial number, Driver's license number and state; Alll of the names by which YOU have been known; Highest grade level of schoot completed; Current spouse's name; Spouse's date of birth; Date of current marriage; Spouse's current address; Spouse's occupation/employer; Name(s) of any former spouse(s); Date(s) of any former marriage(s); and Place, date and circumstances under which any marriage(s) was (were) dissolved or terminated. CHeRPOMOZEP ASK EONMONDS RESPONSE TO STANDARD INTERROGATORY NO. 1. Charles Joseph Boudreaux, Charlie Completed one (1) year of college in California Deborah Boudreaux October 24, 1954 August 30, 1980 ‘A. Charles Joseph Boudreaux B. January 17, 1952 c 55 D. New Orleans, Louisiana JB. 13323'Gina Drive, Lockeford, California 95237 jE 6'4", 195 Ibs. iG. 437-86-7738 H. Not applicable I. Not applicable J. 437-86-7738 K. CA N9366572 L. M. N. 0. P -2- Ni, CLIRNTEWBOUDREAUKODISOCR SF FA mr PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1z 26 27 Q. "13323 Gina Drive, Lockeford, California 95237 IR. Office Manager in Stockton, California S. Victoria Bourg T. Approximately late 1960s to early 1970s U. Divorced in Louisiana STANDARD INTERROGATORY . marriage, state: ‘Name; Date of birth; Whether natural or adopted; Address; Occupation; and ‘Whether the child is living or dead. For each child (either natural or adopted) of any PONSE TO STANDARD INTERROGATORY Theresa Boudreaux Baldwin June 14, 1975 Natural 105 Maplewood, Covington, Louisiana 70433 Homemaker Living BBUGBFE BHU OwS STANDARD INTERROGATORY NO. 3. Are either of YOUR natural parents alive? If /YOUR answer is "yes", please state for each parent: AL ‘Name of parent; B. Current age; C._ Any history of cancer or respiratory disease; and D. Occupation. RESLONSE TO STANDARD INTERROGATORY NO. 3. Geraldine Boudreaux, Mother 3 Age early 70s C. Asbestos-related disease D. Not applicable STANDARD INTERROGATORY NO. 4. For each of YOUR blood relatives (for example: parent, grandparent, sibling, child, aunt, uncle) whom YOU belicve died of either a malignancy (cancer) or pulmonary (lung) disease other than pneumonia, please state, separately for each person: A. Fullname; -3- [NA CLIBNTSS-BOUDREAUK CODSCCE-SF Pet PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY). SET 1“Blood relation to YOU (for example: parent, grandparent, sibling, aunt, uncle); Age at death; Date of death; City, county and state where the person died; and The cause of death, as specifically described as possible; Either (1) attach al! DOCUMENTS evidencing the information sought in this Quroag 4 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks containing such data ot (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of'a request for production of documents. 7 RESPONSE TO STANDARD INTERROGATORY NO. 4. [A. Charles Joseph Boudreaux, Sr. g[B: Father Cc 52 g{D. 1974 E. Louisiana 10{F. Lung cancer G. Plaintiff does not have any documents responsive to this request. i 12 26 27 STANDARD INTERROGATORY NO. 5. State as completely as possible the address of each of YOUR residences during YOUR lifetime and the inclusive dates of each period of such residence. RESPONSE TO STANDARD INTERROGATORY NO. 5. 1952 to 1969: Lived in Marrero, Louisiana 1970 to 1970: Served in the U. S. Air Force 1970 to present: California STANDARD INTERROGATORY NO. 6. State YOUR educational background and identify all institations attended, including any apprenticeship courses, or formal on the job training and identify all institutions attended, the date graduated from each institution, and YOUR major course of study and any special scholastic honors or degrees received. RESPONSE TO STANDARD INTERROGATORY NO. 6. Plaintiff completed his GED while scrving in the U. S. Air Force and later completed one (1) year of college in California. STANDARD INTERROGATORY NO. 7. State the earliest datc that service of the summons Jand complaint was effecicd on any defendant in this case | RESPONSE TO STANDARD INTERROGATORY NO. 7. Plaintiff will supplement. -4- NA, CLIERTSCARCUDREAUK QDISCCB.SF Set Lup PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1v a 4 a [STANDARD INTERROGATORY NO. 8. Have YOU ever been convicted of a felony? If “yes", please state fully and in detail the date, place and nature of each such felony conviction. [Either (1) attach all DOCUMENTS evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. RESPONSE TO STANDARD INTERROGATORY NO. 8 No STANDARD INTERROGATORY NO. 9. Have YOU ever been a member of the Armed Forces? If "yes", please state: each branch of service in which YOU served; the inclusive dates of YOUR service; the date of YOUR discharge from active duty, YOUR service number, each place (¢.g., fort, base, station, etc.) at which YOU served; and YOUR duties at cach place, If YOU have not ever been a member of the Armed Forces due to health reasons, please state the health reasons. RESPONSE TO STANDARD INTERROGATORY NO. 9. Yes Branch of service: U.S. Air Force Inclusive dates service: 1971 to 1979 Date of discharge from active duty: 1979 Service number: 437-86-7738 Place (e.g, fort, base, station, etc.) at which Plaintiff served: Please see Plaintiff's Work History Sheets, attached, as well as any and all supplements and/or amendments thereto. Plaintiff's duties at each place: Please see Plaintiff's Work History Sheets, attached, as well as any and all supplements and/or amendments thereto STANDARD INTERROGATORY NO. 10. For every doctor who has ever treated or examined YOU during the last 10 years for any condition, and beyond 10 years for cancer and/or conditions related to the lungs, respiratory system, and/or ribs and any additional complaints or conditions stated in response to Interrogatory No. 16, please state for each treatment or examination: A Doctor's name; Doctor's address; Treatment or examination received; Date(s) of treatment or cxamination; Reason for treatment or examination; Rither (1) attach all DOCUMENTS evidencing the information sought in this jnterrogatory and its subparts to YOUR aaswers to these interrogatories or (2) attach disks containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may be mute the subject of a request for production of documents. amoaw RESPONSE TO STANDARD INTERROGATORY NO. 10. (A-H) Plaintiff has provided, or shortly will provide, authorizations necessary for Defendant to obtain Plaintiff's medical -5- 24 CLURRSTSSEROUDREAUN CDASCCR.SE PI Set. wp PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 126 27 [records. See also Plaintiff's Physician List and Hospitalization List attached, as well as any and | ll supplements and/or amendments thereto. . STANDARD INYERROGATORY NO. 11. For every hospital in which YOU have ever been treated, tested, or examined whether as an "inpatient" or as an "outpatient" during the last 10 years for any condition and beyond 10 years for cancer and/or conditions related to the lungs, respiratory system, and/or ribs and any additionat complaints or conditions stated in response to Interrogatory No. 16, please state for each hospital visit Name of hospital; Address of hospital; Test, treatment, examination or hospitalization received; Date of test, treatment, examination or hospitalization received; and Reason for hospital visit, Either (1) attach all DOCUMENTS evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. RESPONSE TO STANDARD INTERROGATORY NO. 1i. (A-F) Please see Plaintiff's medical reports, attached, as well as any and all supplements and/or amendments thereto. |Additionally, Plaintiff has provided, or shortly will provide, authorizations necessary for [ Defendant to obtain Plaintiff's medical records. See also Plaintiff's Physician List and Hospitalization List attached, as well as any and all supplements and/or amendments thereto. a DOuS STANDARD INTERROGATORY NO. 12. Have YOU had taken an Xray, CT scan or. high- resolution CT scan of YOUR "trunk"? If "yes", please state for each: ‘Name and address where taken; Date(s) and number taken of each; Part(s) of body xrayed or scanned; Results, conclusions and/or diagnosis from each, except those prepared by consultants; Either (1) attach all DOCUMENTS evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. BUOWD> | RESPONSE TO STANDARD INTERROGA'TORY NO. 12. (A-E) Plaintiff has provided, or shortly will provide, authorizations necessary for Defendant to obtain PlaintifP's medical records. See also Plaintiffs Physician List and Hospitalization List attached, as well as any and all supplemepts and/or amendments th -6- 4 CLIENT SwABOUDREAUR CHDISTCR-SE LSet mp PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1STANDARD INTERROGATORY NO. 13. Have YOU ever undergone a pulmonary function 9 es? Heyes please state: [A. Name and address where test was performed; 3 BL Date of test; “|C. Name of doctor administering and/or interpreting test; 4fD- Reason for test; E. Results, conclusions and/or diagnosis from each test, except those prepared by 5 consultants; . Were YOU informed of the results of the test? 61G. Who informed YOU of the results of the test? H. Either (1) attach all DOCUMENTS evidencing the information sought in this 7 interrogatory and its subparts to your answers to these interrogatories, or (2) attach disks 8 containing such data, ot (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. 9 RESPONSE TO STANDARD INTERROGATORY NO. 13. (A-H) Please see PlaintifPs List of Physicians and Plaintiff's List of Hospitals, attached, as well as any and ali supplements and/or amendments thereto. | STANDARD INTERROGATORY NO. 14. Describe the name and quantity of each type of drug, tranquilizer, sedative or other medication taken or used by YOU during the last 10 years, specifying the frequency and purpose of use. JRESPONSE TO STANDARD INTERROGATORY NO. 14. Plaintiff has provided, or shortly will provide, authorizations necessary for Defendant to obtain PlaintifP s medical records. See also Plaintiff's Physician List and Hospitalization List attached, as well as any and all supplements and/or amendments thereto. STANDARD INTERROGATORY NO. 15. Do YOU or YOUR attorney have any medical reports except those prepared by consultants from any persons, hospitals, doctors or medical practitioners or institutions that have ever treated or examined YOU at any time? If "yes", either (1) attach all DOCUMENTS evidencing the information sought in this interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject ofa request for production of documents. RESPONSE TO STANDARD INTERROGATORY NO. 15. Plaintiff has provided, or } shortly will provide, authorizations necessary for Defendant to obtain Plaintiff's medical records. “| See also Plaintifi’s Physiciaa List and Hospitalization List attached, as well as any and all supplements and/or amendments thereto -7- 2 CLIENTS WAROUDREALN. CDRSCACD-SF Fa PLAINTIFF CHARLES BOUDREAUX’ ANSWERS TO DEFENDANTS’ STANDARD INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY), SET 1uv | STANDARD INTERROGATORY NO. 16. Identify each and every complaint, symptom, adverse reaction or other injury which YOU allege is directly or indirectly related to YOUR alleged exposure to RAW ASBESTOS or ASBESTOS CONTAINING MATERIAL and for ack complaint, symptom, adverse reaction or other injury, please state: The date on which YOU first became aware of signs of the complaint, symptom, adverse reaction or injury; 8. The date each such complaint, symptom, adverse reaction or infury ceased to affect YOU; C. Any physical change in YOUR appearance occasioned by such complaint, symptom, adverse reaction or injury; 1D. Each part of YOUR body which YOU contend has been affe