A. M. Schmidt to John J. Monigan on J-M's Interrogatory Answers in LeGrande v. Johns-Manville (1958)

A two-page letter of October 21, 1958, from A. M. Schmidt, Johns-Manville's insurance manager, to John J. Monigan, Jr., of the Newark law firm Stryker, Tams & Horner, giving the information for J-M's answers to supplementary interrogatories in Frederick LeGrande v. Johns-Manville. J-M said that its insulating cements 301 and 302 "are dry cements and therefore would contain a dust which could be inhaled," that it had "never provided special ventilating equipment to any applicator," and that "approximately twelve employees have contracted asbestosis" while employed by J-M or its subsidiaries since 1946.

What it shows

The answers also state that J-M did "not supply respirators to all of its employees engaged in manufacturing operations," requiring them only where its own surveys found dust above the limits. They are J-M's formal position in a lawsuit by an insulation applicator, and its count of twelve asbestosis cases since 1946 can be compared with the cases appearing in its medical files from these years. The defense strategy in the same case is set out in the December 1958 letter to Travelers.

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

Letter from A.M. Schmidt to John J. Monigan (Travelers retained attorney in LeGrande v. J-M), dated 10/21/58. Schmidt authorizes interrogatory responses as follows: J-M respirator use is governed by results of in-house industrial hygiene surveys; J-M accepts the ACGIH maximum acceptable concentrations as company standards. J-M acknowledges that two of the products allegedly used by LeGrande (insulating cements 301 and 302) could potentially cause asbestosis if inhaled in sufficient quantities. The remaining products used by LeGrande are described as "hard products which do not contain any dust which may cause asbestosis. . . a dust may be created if the products were to be shaped and cut by saw."

J-M is unaware of ever having provided "special ventilating equipment" to any applicator. J-M is aware of approximately 12 employees who have contracted asbestosis while employed by Johns-Manville Corporation or its subsidiaries since 1946. "The defendant does not supply respirators to all of its employees engaged in manufacturing operations. Industrial hygiene surveys conducted by J-M personnel indicate whether or not a particular area exceeds the maximum acceptable concentration. Once this standard has been exceeded, employees in the area are required to wear respirators until the dust is controlled by ventilation, and/or work methods, and/or formula changes, and/or improved housekeeping."

Related documents

• Johns-Manville Products Corporation's Answers to Interrogatories in Le Grande v. Johns-Manville (1958)