Document 2NKRxXKrJ2Y4OLdbdKVy96BKR

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA o'---.DIVISI0N ORIGINAL FILED Wanda Gail Cox, Executrix of ) the Estate of'Michael Wayne ) Cox, ) ) Plaintiff, ) ) -vs- ) ) Georgia Gulf Corporation, ) Conoco, Inc., Tenneco, Inc. Sumitomo Corporation of America, Formosa Plastics ) ) ) Corporation U.S.A., ) Teneco Oil Company, ) Occidental Chemical Corpor- ) ation, Union Carbide Cor- ) poration. Occidental Electro-) chemicals Corporation, ) Diamond Shamrock Refining ) and Marketing Company, and ) The B. F. Goodrich Company, ) Defendants. ) ) ) __________________ ) MAY 2 6 1988 ANN A. BIRCH, CLERK U. S. DISTRICT COURT PLAINTIFF'S ANSWERS TO INTERROGATORIES REQUIRED BY RULE 16(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE 8r:&tr- /Yoo The Plaintiff, answering the Interrogatories required by Rule 16(b) of the Federal Rules of Civil Procedure as amended by this Court effective August 1, 1983, would show as follows: 1. Interrogatory: State with particularity what you contend the Defendants did, or failed to do, which entitles you to obtain the relief you seek in this action. Answer: The Defendants manufactured and sold a product known as polyvinyl chloride which contained, as a part thereof, vinyl chloride. Plaintiff contends that vinyl chloride is a known and well documented cause of the cancer, angiosarcoma. Plaintiff^further contends that during the usual and normal manufacturing process involving the use of the Defendants' polyvinylchloride, vinyl chloride was released to which Michael Wayne Cox was exposed resulting in the cancer, angiosarcoma. As a result of this cancer, Michael Wayne Cox died." PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 080205 Plaintiff contends that Defendants are liable for damages under the theory of both strict liability and negligence. 2. Interrogatory: Describe in detail all laws, acts having the force and effect of law, codes, regulations and legal principles, standards, and customs or usages, which you contend are applicable to this action. Answer: (a) Wrongful Death Act, 515-51-10, Code of Laws of South Carolina, 1976. (b) 15-5-90, Code of Laws of South Carolina, 1976, as amended. (c) 15-73-10, Code of Laws of South Carolina, 1976. (d) Standard Negligence Law including the principals surrounding failure to warn a user about a dangerous product. 3. Interrogatory; State the full names, addresses, and telephone numbers of all lay witnesses whose testimony you may use at the trial of this case and describe the issues to which that testimony will relate. Answer : (a) Michael Wayne Cox through a previously conducted video tape deposition. Mr. Cox testifies, in this deposition, about his emplolyment, the job he performed, his family, health, and his physical decline following his illness. (b) Wanda Gail Cox 102 Waldrop Street Seneca, South Carolina 29678 Telephone No. 882-5875 (h) Mrs. Cox will testify as to her husband's, illness, including his pain and suffering, his income, jobs he performed around the house, their family, the damages suffered as a result of his death and all matters related to these general areas. 4. Interrogatory: Identify by full name, address and telephone number each person whom you expect to call as an expert witness at the trial of this case, and, as to each expert so identified, state the subject matter on which he is expected to testify, the substance of the facts and opinions to which he is expected to testify, and a summary of the grounds for each opinion. Answer: (a) Dr. Reginald Brooker c/o Cancer Treatment Center 701 Grove Road Greenville, South Carolina 29605 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" 2 UCC 080206 Telephone No.: (803) 242-7070 Dr. Brooker is a medical doctor specializing in the field of: medical oncology. He was Michael Wayne Cox's treating physician and will testify regarding his cancer, the effect it had upon Michael Wayne Cox and the relationship of the particular cancer known as angiosarcoma with exposure to vinyl chloride. (b) Dr. Thomas Latham, Jr. Pathology Associates of Greenville, P.A. Post Office Box 9219 Greenville, South Carolina 29604 Telephone No.: (803) 255-1047 Dr. Latham is a practicing pathologist who conducted examinations and tests upon the tissue removed from Michael Wayne Cox. He will identify the particular cancer found in Mr. Cox as angiosarcoma and will further testify as to the relationship between angiosarcoma and the exposure to vinyl chloride. (c) Dr. Nicasio P. Marullo Department of Chemistry Clemson University 412 Shorecrest Drive Clemson, South Carolina 29631 Telephone No.: (803) 656-5026 Dr. Marullo is employed as a professor in the department of chemistry at Clemson University and has been so employed since 1961. He has specialized in the field of chemistry in the area of organic chemistry and more particularly thermally stable organic polymers. Dr. Marullo will testify regarding the properties of polyvinyl chloride and the depolymerization of that compound under certain conditions. (d) Dr. Charles L. Alford, III Box 28724 Greenville, South Carolina 29613 Telephone No.: 803) 294-3309 Dr. Alford is employed in the economics department at Furman University and will testify as to an analysis of the economic loss as a result of the death of Michael Wayne Cox. 5. Interrogatory: If you contend that you have been injured or damaged, describe said injuries and damages in detail and list the elements of damages for which you contend you are entitled to PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 080207 recover and the measure by which you contend the same should be computed. Answer; Ca) Economic loss presently computed by Dr. Alford to be $312,622.00; (b) Conscious pain and suffering, grief and sorrow and similarly related damages to be determined by a jury in an amount that they deem appropriate after hearing all of the facts and evidence. 5. ' Interrogatory: State the full name, address, and telephone number of all persons or legal entities who have a subrogation interest in the cause of action set forth in your complaint, and state the basis and extent of said interest. Answer; Stauffer Chemical Company Pearman Dairy Road Anderson, South Carolina 29621 Telephone No.: (803) 224-8771 A lien in the amount of $90,000.00 is held by the above referenced company based upon a payment to the estate of Mr. Cox under a Worker's Compensation claim. 7. Interrogatory; Outline in detail the discovery you anticipate you will pursue in this case and state the time you estimate it will take you to complete each item of same, along with an explanation of how you compute said times. Answer:(a) Defendants; (b) Defendants; (c) Defendants. Depositions of any experts employed by Request for production of documents to all Submission of requests for admission to all I cannot determine, at this point, how long discovery will take. 8. Interrogatory; Do you wish for this case to be tried jury or nonjury? Answer; Jury Respectfully submitted, MITCHELL & ARIAIL PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" Greenville^ S. C. Dated; o1 111 r/'S1 111O--/---S-- t Wi.a.wndua. Gail Cox __. , ________ Executrix of the Estate of Michael Wayne Cox PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 080209