FILED: NEW YORK COUNTY CLERK 09/15/ :12 PM INDEX NO /2016 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 09/15/2016

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1 FILED: NEW YORK COUNTY CLERK 09/15/ :12 PM INDEX NO /2016 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 09/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: AMADO GONZALES and ANGELA GONZALES, -against- Plaintiffs, NYCAL Index No.: /2016 NOTICE OF CORPORATE REPRESENTATIVE DEPOSITION OF FORD MOTOR COMPANY UPON ORAL EXAMINATION 3M CO., et. al. Defendants. TO: ALL COUNSEL AND UNREPRESENTED DEFENDANTS PLEASE TAKE NOTICE, that pursuant to the New York Asbestos Litigation Case Management Order and Article 31 of the Civil Practice Law and Rules, the plaintiff(s), by and through her attorneys, The Lanier Law Firm PLLC, will take the deposition of Ford Motor Company s ( Ford ) 1 person most knowledgeable with respect to the following subject areas: 1. Ford s knowledge of the hazards of asbestos including, without limitation, when and how defendant learned of said hazards. 2. The documents produced by Ford in this action. 3. When Ford first learned of state and federal regulations relating to asbestos. 4. Ford s corporate history as it relates to Philco Corporation and Philco-Ford Corporation. 5. All information, documents, and witnesses regarding any agreements or transactions between Ford and Philco. 6. All information, documents, and witnesses regarding any agreements or transactions between Ford and GTE Sylvania. 1 Ford shall include Ford and/or its predecessors-in-interest including, without limitation, Philco, Philco Corporation, and Philco-Ford Corporation. 1 of 10

2 7. All information, documents, and witnesses regarding any agreements or transactions between Ford and Visteon. 8. Ford s document retention policy including, without limitation, its past policies. 9. Ford s archives in Detroit including, without limitation, the staff employed and documents located thereat as well as how documents are obtained. 10. Ford s membership in any industry associations as it relates to Philco Corporation and Philco-Ford Corporation. 11. Ford s membership in any trade associations as it relates to Philco Corporation and Philco- Ford Corporation. 12. Asbestos-related workers compensation claims filed against Ford as it relates Philco Corporation and Philco-Ford Corporation. 13. The transfer of Philco and/or Philco-Ford employees to GTE Sylvania. 14. Efforts made to locate past employees of Philco Corporation and/or Philco-Ford Corporation. 15. Efforts made to search for Philco Corporation and/or Philco-Ford Corporation documents. 16. Relationship between Ford Motor Company and Philco Corporation and/or Philc-Ford Corporation between 1961 and 1975, including, without limitation, board of directors, officers, managers, and other personnel as well as stock ownership. 17. Claims made against Ford for injuries or death related to asbestos exposure from Ford s television and/or radios. 18. Ford s vacuum tube televisions including, without limitation, the first and last years of manufacture, appearance, and the percentage of televisions which contained asbestos component parts. 19. Ford s vacuum tube radios including, without limitation, the first and last years of manufacture, appearance, and the percentage of radios which contained asbestos component parts. 20. The asbestos products used in conjunction with equipment manufactured by Ford, including, without limitation, asbestos cloth, padding, insulation, sound dampener, paper and sheet. 21. The miners, manufacturers, suppliers, and distributors of asbestos, asbestos products, or asbestos component parts, including fiber, incorporated into Ford s vacuum tube televisions and radios. 22. Ford s communication with any other defendants in this action. 2 of 10

3 23. Ford s relationship with any other defendants in this action. 24. Ford s sales practices in the 1940s, 1950s, 1960s, 1970s, and 1980s. 25. The reasons why asbestos was used in Ford s vacuum tube televisions and radios. 26. The company s financial condition (e.g., revenue, income, profit, etc.). 27. Insurance coverage for this lawsuit. 28. The company s ability to satisfy a verdict. 29. Communications with Johns-Manville concerning TV-Bord. 30. Ford s use of TV-Bord in Ford s vacuum tube televisions including, without limitation, the first and last year of use and appearance of said televisions. 31. The percentage of asbestos used in asbestos heat shields, cloth, sheet, paper, padding, insulation, and/or sound dampeners incorporated into Ford s vacuum tube televisions and radios. 32. When Ford commenced use of asbestos heat shields, padding, insulation, sheets, papers, and/or sound dampeners in its vacuum tube televisions and radios. 33. When Ford ceased use of asbestos heat shields, padding, insulation, sheets, papers, and sound dampeners in its vacuum tube televisions and radios. 34. Whether Ford s transistor/solid-state radios contained asbestos heat shields, padding, insulation, sheets, papers and/or sound dampeners. 35. Whether Ford s transistor/solid-state televisions contained asbestos heat shields, padding, insulation, sheets, papers, and/or sound dampeners. 36. Whether Ford s Hybrid televisions contained asbestos heat shields, padding, insulation, sheets, papers, and/or sound dampeners. 37. To the extent applicable, why Ford chose not to use asbestos heat shields, padding, insulation, sheets, papers, and/or sound dampeners in its products described in subject area numbers 26 through 28 above. 38. Warnings, if any, placed on Ford s televisions concerning the health hazards associated with asbestos. 39. Warnings, if any, placed on Ford s radios concerning the health hazards associated with asbestos. 3 of 10

4 40. Warnings placed in any manuals, guides, or other written materials concerning the health hazards associated with asbestos as those materials related to televisions and/or radios. 41. Warnings concerning the creation of dust in connection with repairs or maintenance to Ford s televisions and radios. 42. Knowledge of any non-asbestos heat dissipating and/or sound deadening insulation, padding, sheet, cloth, paper, shield or other material that is white in color and was used in Ford s vacuum tube televisions and/or radios. 43. The differences, if any and if applicable, in the physical characteristics including, without limitation, the appearance of asbestos and non-asbestos, heat shields, sound deadeners, cloth, sheet, papers, insulation, and/or padding used in Ford s vacuum tube televisions and/or radios. 44. Ford s attempts to inform the public at large of asbestos in Ford s vacuum tube television and radios. 45. The defendant s contentions, impressions and assessments as it relates to the testimony given in this case. 46. The material composition of thermostat gaskets and brake linings originally equipped on all models of Ford Torino and Ford Gran Torino between 1974 and All facts, documents, and witnesses that support defendant s contention that it performed each and every duty owed to Amado Gonzales in a reasonable manner. 48. All facts, documents, and witnesses that support defendant s contention that it was not guilty of any negligence that was a proximate or producing cause of Amado Gonzales injuries and damages. 49. All facts, documents, and witnesses that support defendant s contention that any of Amado Gonzales injuries and damages were the result of the negligence of third parties over whom the defendant exercised no direct or indirect control and over whom defendant had no supervisory responsibilities. 50. The identities of the third parties that defendant contends were negligent and resulted in Amado Gonzales injuries and damages over whom the defendant exercised no direct or indirect control and over whom defendant had no supervisory responsibilities. 51. All facts, documents, and witnesses that support defendant s contention that Amado Gonzales was guilty of negligence. 52. All facts, documents, and witnesses that support defendant s contention that Amado Gonzales had a duty to mitigate his injuries and failed to do so. 4 of 10

5 53. All facts, documents, and witnesses that support defendant s contention that Amado Gonzales injuries and damages are caused by the alteration, modification, or misuse of a product by Amado Gonzales over whom defendant exercised no control. 54. All facts, documents, and witnesses that support defendant s contention that Amado Gonzales injuries and damages are caused by the alteration, modification, or misuse of a product by third persons or parties over whom defendant exercised no control. 55. All facts, documents, and witnesses that support defendant s contention that sometime prior to Amado Gonzales hands-on work with defendant s televisions and/or radios, an asbestos component part was installed which was not installed by Defendant. 56. All facts, documents, and witnesses that show defendant s televisions and/or radios were not sold with a white asbestos material located within to a first time purchaser. 57. All facts, documents, and witnesses that support defendant s contention that Plaintiff s injuries and damages were the result of the abnormal and unintended use of products, which was not reasonably foreseeable. 58. All facts, documents, and witnesses that support defendant s contention that Plaintiff s claims are barred in whole and/or in part by the Doctrine of Comparative Negligence. 59. The items listed in schedule A. 60. All other matters relevant to this action. PLEASE TAKE FURTHER NOTICE, that the deposition(s) will commence on October 14, 2016 at 10:30 am EST, continuing day-to-day until completion, at the offices of The Lanier Law Firm, PLLC, 126 East 56th Street, New York, NY At such date and time, The Lanier Law Firm PLLC will conduct an examination and the testimony will be recorded stenographically and by videotape. This deposition will be held before an officer duly authorized to administer oaths at which time and place you are invited to attend and cross-examine. PLEASE TAKE FURTHER NOTICE, that the person(s) to be examined is/are required to provide The Lanier Law Firm PLLC with any and all materials and data, including but not limited to documents, records, journals, brochures and pamphlets that, at any time, were reviewed, referenced and/or relied upon to formulate responses to the NYCAL standard interrogatories and requests for production and the production identification interrogatories and requests for 5 of 10

6 production in this matter, and related attachments, which were submitted in this case, and all responses served by Defendant to the same submitted in this matter. Deponent is required to produce all documents contained within the attached Schedule A at least seven business days prior to the deposition and to bring all documents to said deposition. If the subject areas and items listed in Schedules A require the deposition of more than one witness for Motorola, then Motorola shall provide the names and titles to each of its persons most knowledgeable and shall afford plaintiffs the opportunity to depose said individuals at a date and time mutually agreeable upon the parties. Dated: September 15, 2016 New York, New York THE LANIER LAW FIRM PLLC Attorney for Plaintiff(s) By: Joseph N. Cotilletta, Esq. 126 E. 56 th Street, 6 th Floor New York, New York Tel.: (212) of 10

7 SCHEDULE A 1. The witnesses most recent curriculum vitae or résumé. 2. Ford s annual reports from 1940 through 1970 as it relates to Philco Corporation and Philco- Ford Corporation. 3. Ford s organizational charts dated 1940 through the present as it relates to Philco Corporation and Philco-Ford Corporation. 4. All Defendant s catalogs dated 1920 through 1980 for televisions, radios, and the Ford Torino (all models in the 1970s). 5. All documents evidencing Ford s membership in any industry association between 1920 and All documents evidencing Ford s membership in any trade association between 1920 and All records of sales to Amado Gonzales or any of his employers or worksites. 8. Photographs of each of the Ford s asbestos-containing vacuum tube televisions and radios manufactured, marketed, distributed, sold, or supplied which match the plaintiffs witnesses descriptions of televisions and radios which Amado Gonzales worked on. 9. All documents in your possession relating in any way to meetings, correspondence, statements or other communications to or from any manufacturer or supplier (or from their agents, representatives or trade associations) of asbestos, asbestos-containing products and/or asbestos-containing materials concerning the health effects of asbestos. 10. All documents in your possession or of which you have ever become aware relating in any way to meetings, correspondence or other communications of any trade association, labor union, employer or governmental agency (or from any of their agents or representatives) relating to the subjects of occupational health and exposure to asbestos, asbestoscontaining products and/or asbestos-containing materials. 11. All documents prepared by or on behalf of the Ford, prior to this litigation, in any way relating to the documents requested in 9 and 10 above. 12. All documents in your possession relating in any way to the health effects of asbestos, asbestos dust, asbestos fibers, asbestos-containing products and/or asbestos-containing 7 of 10

8 materials mined, processed, designed, manufactured, marketed, distributed, sold, transported or installed by any person or entity or by any of the named defendants herein. 13. All documents prepared, written, reviewed, issued or commented on by you or any of your agents or employees relating in any way to warnings, potential health hazards, instructions or precautions regarding the use, handling of, or exposure to asbestos, asbestos dust, asbestos fibers, asbestos-containing products and/or asbestos-containing materials. 14. All statements, recorded interviews, films, videotapes, reports, questionnaires, forms or other documents made, submitted, compiled, prepared or filled out by, on behalf of, or under the direction of defendant or any of its agents or employees relating in any way to exposure or alleged exposure to asbestos, asbestos-containing products and/or asbestoscontaining materials or any other issues relating to asbestos lawsuits, except that information which was prepared by, for, or at the request of defendant's counsel need not be produced (but must be identified, including date) without an order of the Court, provided that the written or recorded communication between defendant and counsel was made after an attorney-client relationship was established. 15. All documents relating to Ford's first knowledge, notice or awareness about the alleged adverse effects of exposure to asbestos, asbestos dust, asbestos fibers, asbestos-containing products and/or asbestos-containing materials. 16. All records relating to comments, complaints, suggestions or proposals made by your agents, employees, officers, customers, dealers, distributors, contractors or yourself regarding the health effects of asbestos exposure. 17. All photographs of people working with, using or being exposed to any of the asbestoscontaining products you mined, processed, designed, manufactured, marketed, distributed, sold, transported or installed. 18. All documents submitted to any federal, state or local government or agency in connection with that body s efforts to establish standards, specifications or levels of ambient or occupational exposure to asbestos or asbestos dust from your products or your products replacement or component parts, whether or not manufactured by you. 19. All records relating to asbestos and/or asbestos-containing products of the type mined, processed, designed, manufactured, marketed, distributed, sold, transported or installed by defendant and which the defendant has in its possession, custody or control. 20. All labels, tags or warnings which defendant alleges it placed on the boxes, containers, wrappers or other materials which contained the asbestos-containing vacuum tube 8 of 10

9 televisions and/or radios which defendant processed, designed, manufactured, marketed, distributed, sold, transported or installed. 21. Any customer, contractor, dealer or distributor complaint or report relating to any asbestoscontaining product that defendant mined, processed, designed, manufactured, marketed, distributed, sold, transported or installed and any incident or accident reports defendant produced or received relating to the health hazards of its asbestos-containing products. 22. All communications with or concerning the American Conference of Government and Industrial Hygienists. 23. All documents received by you or in your possession relating to or concerning the Quebec Asbestos Mining Association (QAMA). 24. All documents marked as exhibits in any insurance coverage litigation between you and any liability insurance carrier, particularly those documents relating to disputes about insurance coverage for asbestos-related claims. 25. All documents produced by you in the course of any litigation with your liability insurance carrier regarding asbestos-related liabilities. 26. All documents reviewed by the witness to prepare for the deposition. 27. All documents concerning this defendant s historical knowledge of the dangers of asbestos or asbestos-containing products up to All documents in the defendant s possession relating to the need to protect its employees or contract workers from exposure to asbestos. 29. All documents in the defendant s possession relating to industrial hygiene studies relating to defendant s vacuum tube televisions and/or radios. 30. All documents in the defendant s possession relating to information provided to this Defendant from any insurance carrier related to the dangers of asbestos exposure. 31. All documents in the defendant s possession relating to workers compensation claims filed against this defendant alleging asbestos-related diseases. 32. All documents in the defendant s possession relating to respiratory protection provided to defendant s employees to prevent the inhalation of potentially harmful dusts. 9 of 10

10 33. Copies of all state regulations concerning asbestos that were in effect in those states where this defendant had manufacturing facilities up to All industrial hygiene manuals relating to the protection of employees or contract workers from asbestos fibers or asbestos-containing dust. 35. All documents relating to the membership of this defendant or its employees in any of the following organizations: a. The Air Hygiene Foundation b. The Industrial Hygiene Foundation c. American Industrial Hygiene Association d. The National Safety Council e. The American Petroleum Institute f. The Asbestos Information Association g. The Gypsum Association h. National Insulation Manufacturers Association i. The American Society of Mechanical Engineers j. Associated Radio Manufacturers k. Radio Manufacturers Association l. Radio Television Manufacturers Association m. Radio Electronics Television Manufacturers n. Electronics Industries Association o. Electronics Industries Alliance p. Consumer Electronics Association q. Consumer Technology Association 36. All documents concerning part numbers of defendant s vacuum tube televisions and/or radios associated with asbestos cloth, padding, insulation, sound deadeners, sheets and/or papers. 37. All documents concerning part numbers of defendant s vacuum tube televisions and/or radios associated with non-asbestos cloth, padding, insulation, sound deadeners, sheets and/or papers. 38. All documents defendant intends to use to contradict Amado Gonzales, Marie Gonzales and/or Joseph Gonzales testimony in this case including, without limitation, those deponents testimony regarding the physical characteristics and/or appearance of defendant s vacuum tube televisions and/or radios. 39. All documents evidencing the material composition of thermostat gaskets and brake linings originally equipped on all Ford Torino and Ford Gran Torino models between 1974 and of 10