Roesberg v. Johns-Manville Corp.

85 F.R.D. 292 (E.D. Pa. 1980)

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Nature of the Case

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Facts

Roesberg (P) and others who worked with asbestos sued Johns (D) to recover compensatory damages related to asbestosis. Ps sued several companies involved in the processing, manufacturing and distributing of asbestos products. Ps alleged that Ds knew or should have known of the highly toxic effects and that they failed to warn Ps of these hazards or to take precautions to prevent illness. Ps alleged a breach of implied warranty in that the asbestos products were not reasonably fit to use and were not safe for their intended purposes. Ps also alleged that Ds fraudulently misrepresented to workers their medical conditions and altered medical records to stop the workers from claiming workers’ compensation. Ps served a series of interrogatories on Ds. The interrogatories were 57 in length. GAF (D1) answered only six questions and objecting to the rest as overly broad, oppressive, or privileged. P moved to compel answers. The magistrate agreed with P and D appealed the magistrate’s order.