Document 8V6xXbJDakLV46RYde40X6Yn5

CAUSE NO. 00-5974-G ADOLFO TAMEZ CEDILLO VS. GAF CORPORATION, ET AL. IN THE DISTRICT COURT 3 19th JUDICIAL DISTRICT NUECES COUNTY, TEXAS DEFENDANT, ASARCO INCORPORATED'S RESPONSES TO PLAINTIFF ADOLFO TAMEZ CEDILLO'S REQUESTS FOR DISCLOSURE TO: ADOLFO TAMEZ CEDILLO, Plaintiff, by and through his attorney of record, Ms. Tiffany Newlin, Baron & Budd, The Centrum, Suite 1100, 3102 Oak Lawn Avenue, Dallas, Texas 75219. Comes now ASARCO Incorporated, formerly known as American Smelting and Refining Company, a corporation of the State of New Jersey, with a principal place of business in the State of Arizona (subsequently referred to as "ASARCO" or "Defendant"), named Defendant herein, and in answer to Plaintiff Adolfo Tamez Cedillo's Request for Disclosure, makes these responses as attached hereto pursuant to Rule 194 of the Texas Rules of Civil Procedure. Respectfully submitted. HUNTER & HANDEL, P C. 555 North Carancahua, Suite 1600 Corpus Christi, Texas 78478 (361) 884-8777 (361) 884-1628 Facsimile OF COUNSEL: Porzio, Bromberg & Newman, P C. 100 Southgate Parkway Morristown, New Jersey 07962-1997 (973)538-4006 (937) 538-5146 Facsimile Rodney R. Handel State Bar No. 08897460 ATTORNEYS FOR DEFENDANT, ASARCO INCORPORATED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been duly served on all counsel of record via facsimile and/or Certified Mail, Return Receipt Requested on this day of _____________ , 2002. 2- - DEFENDANT, ASARCO INCORPORATED'S RESPONSES TO PLAINTIFF ADOLFO TAMEZ CEDILLO'S REQUESTS FOR DISCLOSURE Rule 194.2(a): the correct names of the parties to the lawsuit. RESPONSE. ASARCO Incorporated, formerly known as American Smelting and Refining Company. ASARCO has no knowledge with regard to whether other parties have been correctly named. Rule 194.2(b): the name, address and telephone number of any potential parties. RESPONSE: Based upon the limited information Plaintiff has provided thus far, ASARCO is not aware of any potential parties to this action. As ASARCO's investigation of Plaintiffs claims is ongoing, ASARCO expressly reserves its right to amend and supplement this response. Rule 194.2(c): the legal theories and, in general, the factual bases of the responding party's claims or defenses. RESPONSE. ASARCO denies that its conduct toward Plaintiffwas in any way negligent and denies responsibility for the injuries alleged by Plaintiff in the original petition and all subsequent amended pleadings. ASARCO denies that it failed to maintain a safe workplace and denies that Plaintiff was exposed to any asbestos and/or asbestos-containing products at its Corpus Christi facility. Further, even if Plaintiff could establish that he was exposed to asbestos and/or asbestos-containing products at the Corpus Christi facility, such exposure was not the cause ofPlaintiffs alleged injuries. Even if ASARCO is found to be negligent, Plaintiffs alleged injuries were not proximately related to or caused by ASARCO's conduct. ASARCO denies that Plaintiffs injuries and/or death were caused by an asbestos-related disease. Further, even if Plaintiff did suffer from an asbestos-related disease, he failed to assert a claim for such injuries within the applicable limitations period. In addition. Plaintiff was himself negligent and/or assumed the risk ofinjury by failing, on occasions, to avail himselfofor use safety equipment, respirators, and other protective devices that could have reduced or prevented his exposure to industrial dusts and/or chemicals. If Plaintiff was a cigarette smoker. Plaintiff was negligent and otherwise caused or contributed to his alleged injuries by continuing to smoke cigarettes in the face of knowledge and/or warnings that cigarette smoking was hazardous to health. Further, with regard to the work he performed at the Corpus Christi facility. Plaintiffs employer was knowledgeable and sophisticated contractor who had a duty to safeguard and protect its employees from actual and potential workplace hazards, and, therefore, ASARCO had no direct duty to Plaintiff 3- - to ensure that Plaintiffs employment was free from hazards encountered under the direction of his employer. In addition, Plaintiffs damages, if any, were caused by negligent acts or omissions or breach of warranty by third parties or other defendants and/or exposure to certain products manufactured or distributed by said third parties or defendants. Accordingly, pursuant to applicable law, ASARCO is entitled to a comparative apportionment of fault, if any, as to the other defendants and/or third parties and is entitled to a judgment against them for contribution and/or indemnity or a percentage reduction in accordance with the apportionment of fault. Finally, ASARCO refers Plaintiffto the Special Exceptions, General Denial and Affirmative Defenses set forth in its Answer to Plaintiffs First Amended Petition and any subsequent Petition. As ASARCO's investigation ofPlaintiff s claim is ongoing, ASARCO reserves the right to amend and/or supplement this response. Rule 194.2(d): the amount and any method of calculating economic damages. RESPONSE: Not applicable to Defendant. Rule 194.2(e): the name, address and telephone number of persons having knowledge of relevant facts and a brief statement of each identified person's connection with the case. RESPONSE: 1. All individuals named or to be named as medical witnesses, lay, expert, product identification, liability, and other non-medical witnesses by Plaintiff in this action. 2. All individuals named or to be named as medical witnesses, lay, expert, product identification, liability, and other non-medical witnesses by any other defendant or other party to this action. 3. All individuals named or to be named in any party's answers to interrogatories. 4. Any individual heretofore named as an expert witness by ASARCO. 5. Individuals who were employed as plant managers, industrial hygienists, and/or safety personnel at the Corpus Christi facility during the relevant time period. 6. Michael 0. Varner, do ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Mr. Varner was employed by ASARCO from 1971 through approximately 1999 and he held various positions in the Environmental Sciences, Technical Services and Environmental Operations departments. 4- - 7. John B. Richardson, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801)263-5220. Mr. Richardson has been employed by ASARCO since approximately 1973, and he has held various positions in the Environmental Sciences and Technical Services departments. 8. James P. Sieverson, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Mr. Sieverson was employed by ASARCO from approximately 1972 through 1990 in various positions in the Environmental Sciences department. 9. Donald A. Robbins, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Mr. Robbins is currently employed by ASARCO as the Director of Environmental Services. 10. Marvin Kuschner, M.D., SUNY Health Science Center, Pathology, Stony Brook, NY. By videotape taken in Everett v Owens-Coming Fiberglas, et al., Supreme Court ofNew York, Niagara County, Index No. 086198. Dr. Kuschner is a pathologist and was a member ofthe Scientific Committee of the Institute of Occupational and Environmental Health ("IOEH") from 1966 to 1981. Dr. Kuschner will testify by prior testimony concerning his involvement with the Scientific Committee, its autonomy, and the value of the scientific research funded by the IOEH. The fact witnesses designated herein should only be contacted through counsel for ASARCO. At this point in the case, Plaintiff has not provided sufficient information regarding his claims for ASARCO to determine every person who may have knowledge ofrelevant facts. ASARCO reserves the right to call additional fact witnesses for the purpose ofrebuttal or impeachment, ifnecessary, at the time of trial. ASARCO also reserves the right to amend and/or supplement this response up to the time of trial. Rule 194.2 (f): for any testifying expert: (1) the expert's name, address and telephone number; (2) the subject mater on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and (B) the expert's current resume and bibliography. RESPONSE: ASARCO may call the following expert witnesses at trial: 5- - 1. All individuals designated or to be designated as expert witnesses by Plaintiff, whether live or by deposition testimony. 2. All individuals designated or to be designated as expert witnesses by any other defendant or third-party defendant to this action, whether live or by deposition testimony, and without regard to that party's presence at the time of trial. 3. All physicians who have prior to trial examined Plaintiffs medical records, hospital records, laboratory test results, x-ray or other diagnostic imaging films and/or any other information of whatever kind relating to the health of Plaintiff, on behalf of any party, without regard to that party's presence at the time oftrial, who will testify as to the Plaintiffs clinical course and causation of any illness either live or by deposition testimony. 4. All physicians or other health care practitioners who have treated Plaintiffat any time and for any condition and whose names, addresses, and qualifications are already known to Plaintiff, may be called to testify whether live or by deposition testimony. 5. John E. Craighead, M.D., 1845 Four Winds Road, Ferrisburgh, VT 05456. Dr. Craighead is a clinical and anatomical pathologist specializing in pulmonary pathology. Dr. Craighead will testify generally as to his background, training and experience. Dr. Craighead will testify as to his knowledge of pathology and asbestos-related diseases. He will further testify as to the general medical issues concerning the development, cause, and diagnosis of asbestosrelated disease and/or other diseases that may mimic asbestos-related diseases. Dr. Craighead will testify generally as to the dangers posed by the inhalation ofasbestos fibers and the relative risks associated with exposure to low levels of airborne asbestos. Dr. Craighead may also address thresholds of exposure below which there is no measurable increased risk ofcontracting an asbestos-related disease and the latency periods required for the development of the various asbestos-related diseases. Dr. Craighead may review the pathological evidence in this case, ifany, and testify concerning whether it is diagnostic of asbestos-related disease. Dr. Craighead may also testify concerning asbestos fiber counts in the lung tissue of different populations and their significance with regard to dose-response relationships and causation. Dr. Craighead may offer such other opinions as may become necessary to rebut the opinions of Plaintiff s experts. Dr. Craighead may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports ofother experts named or to be named by any other party, whether presented live or by deposition, the testimony of all other witnesses named or to be named by any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 6. Allen R. Gibbs, M.D., Department of Pathology, Llandough Hospital, South Glamorgan, Penarth CF, 61XX, United Kingdom. Dr. Gibbs is a pulmonary pathologist who received his 6- - medical degree from Newcastle Upon Tyne. He is a Fellow of the Royal College of Pathologists. He is a consultant pathologist to South Glamorgan Health Authority and is an honorary clinical teacher to the University of Wales College of Medicine. Dr. Gibbs is also an honorary consultant to the MRC external staff team on occupational lung diseases at Llandough Hospital. He was a senior lecturer in pathology at the University ofWales College of Medicine. He has special expertise in the diagnosis of asbestos-related diseases and the pathogenicity of the various forms of asbestos for pulmonary and pleural diseases and has reviewed over 1,000 lung samples involving asbestos-related changes. Additionally, Dr. Gibbs has authored or co-authored over 45 articles, papers and chapters in the field of pathology, many of which relate to asbestos-related disease. Dr. Gibbs may review the pathological evidence in this case and testify concerning whether it is diagnostic of asbestos-related disease, including mesothelioma. On the basis of Dr. Gibbs' personal research into issues concerning asbestos-related disease, his knowledge ofthe medical literature and his knowledge ofthe facts ofthis case as they are known to date, Dr. Gibbs may testify generally as to the dangers posed by the inhalation of asbestos fibers, the relative risks associated with exposure to low levels of airborne asbestos dust in the general environment, and the risks posed to Plaintiff from his alleged exposure to airborne asbestos dust. 7. Jeremiah Lynch, C.I.H., 25 Waterman Avenue, Rumson, New Jersey. Mr. Lynch is a Certified Industrial Hygienist. Mr. Lynch will testify generally as to his background, training and experience. Mr. Lynch will testify as to the methods and procedures involved in industrial hygiene, the methods and procedures utilized in the collection ofairborne asbestos samples, including fiber measurement and counting techniques, and the use of industrial hygiene methods to control worker exposure to airborne asbestos dust. Mr. Lynch will further testify concerning threshold limit values, the various threshold limit values for asbestos exposure, the basis for the original threshold limit value and its subsequent changes. Mr. Lynch will further testify concerning the setting and implementation of asbestos exposure limits by OSHA, the subsequent changes to those limits, and OSHA regulations pertaining to Plaintiffs workplace at various times. Mr. Lynch may also testify concerning the industrial hygiene programs implemented at Plaintiffs workplaces at various times, and how those programs compared to the industrial hygiene standards at various times. Mr. Lynch will further testify with regard to the effectiveness of the industrial hygiene program at Plaintiff s workplaces as compared to the various standards applicable at different times. Mr. Lynch may also testify as to the asbestos exposures which Plaintiffs would have had at various times during his employment history. Mr. Lynch will also testify with regard to environmental exposures to airborne asbestos experienced by millions of Americans for which there is no epidemiological evidence of disease. Mr. Lynch may offer such other opinions as may become necessary to rebut the opinions of Plaintiff s experts. Mr. Lynch will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by any other party, whether presented live or by deposition, the testimony of all other witnesses named or to be named by any other party, whether live 7- - of by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 8. Ernest Mastromatteo, M.D., 19 Carey Road, Toronto, Ontario, Canada M4S 1N9. Dr. Mastromatteo will testify generally as to his background, training and experience. Dr. Mastromatteo is a medical doctor specializing in occupational and environmental health. He is currently Professor Emeritus, Occupational and Environmental Health, University of Toronto and self-employed as a consultant in Occupational and Environmental Health. Dr. Mastromatteo received his Doctor of Medicine degree from the University of Toronto in 1947. He received a Diploma in Public Health from the University of Toronto in 1950 and a Diploma in Industrial Health from the University of Toronto in 1958. In 1958, Dr. Mastromatteo was certified in Occupational Medicine by the American Board ofPreventive Medicine. In 1981, Dr. Mastromatteo was certified in Occupational Medicine by the Canadian Board of Occupational Medicine. From 1949 to 1952, Dr. Mastromatteo served as the Medical Director of the Virden Local Health Unit, Virden, Manitoba. In 1952, Dr. Mastromatteo commenced employment as a physician and consultant with the Ontario Ministry of Health. In 1968, he became the Director ofthe Division of Occupational and Environmental Health of the Ontario Ministry of Health. He remained in that position until 1974. From 1966 to 1974, Dr. Mastromatteo also served as a Consultant in Occupational Diseases to the Ontario Workers' Compensation Board. From 1968 to 1974, Dr. Mastromatteo was a part-time professor at the University of Toronto, and from 1972 to 1974, he was Professor and the Head of the Department of Occupational and Environmental Health of the University of Toronto. In 1974, Dr. Mastromatteo became Chief of the Occupational Health and Safety Branch of the International Labour Office ("ILO") in Geneva, Switzerland. He remained in that position until 1976. From 1976 to 1985, Dr. Mastromatteo was employed as Director of Occupational Health for Inco Limited, Toronto, Canada. From 1985 to 1994, Dr. Mastromatteo was employed as the Program Director, Occupational and Environmental Health, of ORC Canada Inc., Toronto, Canada. During part of this period, from 1985 to 1990, Dr. Mastromatteo also served as a consultant to the Occupational Health Policy Branch ofthe Ontario Workers' Compensation Board. From 1976 to the present. Dr. Mastromatteo has served as an Honorary Consultant to the Occupational Health Clinic of St. Michael's Hospital, Toronto, Canada. Dr. Mastromatteo is a member of the Ontario Medical Association, and he has chaired its Section on Occupational Health and its Committee on Public Health. He is also a member of the Canadian Medical Association. Dr. Mastromatteo was elected to the Ramazzini Medical Society in 1968 and has been a member of the International Commission on Occupational Health since 1968. Dr. Mastromatteo is an Honorary Lifetime Member of the American Conference ofGovernmental Industrial Hygienists ("ACGIH"). Dr. Mastromatteo has served as a member of the ACGIH Threshold Limit Value ("TLV") Committee since 1964. He was Chair ofthe TLV Committee from 1985 to 1990 and President ofthe ACGIH for the 1969-1970 term. Dr. Mastromatteo has received numerous honors and awards in the field of occupational medicine. Among his other awards, in 1981 he received the Stokinger 8- - Award for Scientific Contributions to Occupational Toxicology in the United States. In 1986, he received the Yant Award for Scientific Contributions to Industrial Hygiene in the United States. In 1987, Dr. Mastromatteo received the Knudsen Award for his contributions to Occupational Medicine in the United States. In 1987, he was also inducted into the Safety and Health Hall of Fame International. Dr. Mastromatteo will further testify that as a long-standing member of the American Conference of Governmental Industrial Hygienists Threshold Limit Value Committee, he is familiar with that organization's criteria for establishing threshold limit values. In setting those thresholds, the ACGIH examines all of the available evidence and bases its decision on the weight ofevidence. As such, the ACGIH examines the relevant studies and evaluates those studies based on their methodology and scientific reasoning. Based on its review ofthe best medical evidence, the ACGIH set its first threshold limit value for asbestos in 1946 and has changed it from time to time where the medical evidence has warranted such a change. Dr. Mastromatteo will testify as to the threshold limit values at different points in time and the medical knowledge that was available to the ACGIH concerning the health effects ofasbestos. Dr. Mastromatteo will further testify that the Occupational Safety and Health Administration (OSHA) does not rely on the weight of evidence, but sets its Permissible Exposure Limit (PEL) based on a different control strategy. OSHA determines a safe level then sets the permissible exposure limit (PEL) by adding factors of between ten (10) and one hundred (100) times. OSHA has most recently set the PEL for all types of asbestos at 0.1 free. That level ofexposure is many times below the level of exposure which one would expect to cause disease in the average worker. 9. Howard E. Ayer, C.I.H., 2812 Linwood Avenue, Cincinnati, Ohio. Mr. Ayer is a Certified Industrial Hygienist and a Certified Safety Professional. He is Emeritus Professor of Environmental Health, Division of Environmental Hygiene and Safety, University of Cincinnati. Mr. Ayer received his Bachelors in Chemical Engineering in 1948 from the University ofMinnesota. He received a Masters of Science in Industrial Hygiene Engineering from Harvard University in 1955. Mr. Ayer was employed by the United States Public Health Service (USPHS) from 1948 to 1972 - During that time period he served with the National Institute for Occupational Safety and Health, and its predecessor organizations (Division ofOccupational Health, Occupational Health Program and Bureau of Occupational Safety and Health), assigned by the USPHS to the Kansas State Board of Health, the Occupational Health Field Station in Salt Lake City, Utah, and the Occupational Health Field Headquarters in Cincinnati, Ohio. Mr. Ayer was Assistant Chief ofthe Engineering Section from 1961 to 1964, Chieffrom 1964 to 1967, and Assistant Director of the Division of Field Studies from 1967 to 1972. Mr. Ayer has been with the University of Cincinnati, Institute of Environmental Health (Kettering Laboratory) as a Professor and Emeritus Professor since 1972. From 1982 to 1983, Mr. Ayer took a sabbatical year in safety engineering at Texas A&M. Mr. Ayer has served on numerous committees in the field ofindustrial hygiene. As a member of the ACGIH, Mr. Ayer served on the Air Sampling Instruments Committee, the Energy 9- - Committee, the Ventilation Committee, and the Committee on Environmental Factors in the Pneumoconioses (which he chaired for three years). Mr. Ayer also chaired the ad hoc joint AfflLA-ACGIH Committee on Uniform Methods in Impinger Counting. Mr. Ayer has authored over 40 published papers on matters of industrial hygiene. Mr. Ayer's testimony will be based on his knowledge, training and experience in the field of industrial hygiene as it relates to asbestos and asbestos-containing products. Mr. Ayer will also testify as to the state of industrial hygiene at various points in time. Mr. Ayer may also testify as to the asbestos exposures which Plaintiff would have had at various times during his employment history. Defendant ASARCO reserves the right to supplement this information based on documents or testimony concerning exposure levels which to date have not been discovered. Mr. Ayer will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 10. Arthur M. Langer, Ph.D., Director, Environmental Sciences Laboratory of the Institute of Applied Sciences, Brooklyn College of the City University of New York, Brooklyn, New York 11210. Dr. Langer received his Bachelor of Arts degree in Geology from Hunter College, City University of New York in 1956. In 1962, Dr. Langer received his Master of Arts in Petrology (geology) from Columbia University. Dr. Langer received his Ph D. in Mineralogy from Columbia in 1965. Dr. Langer may testify as to his background, training, experience, fellowships, memberships and other professional activities, honors and awards, editorial board service, appointments, publications in peer reviewed journals, abstracts and symposia proceedings, contributions to books, monographs and reports, national, international and regional committees and consultations, national and international invited seminars, lectures, meetings and conferences, and his participation in post-graduate education courses as fully set forth on his C.V. Dr. Langer may further testify as to his extensive study and experimentation with regard to the family of minerals commonly referred to as asbestos. Dr. Langer will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 11. Robert Murray, M.D., Deceased, by deposition testimony. Dr. Murray is an occupational health consultant. He qualified in medicine in 1939 at Glasgow University. From 1941 to -10- 1946 he served in the R.A.M.C. in West Africa, India and Burma and was mentioned in despatches. Dr. Murray received his Diploma in Public Health in January 1947. In April 1947, he became one of only 12 of Her Majesty's Medical Inspectors of Factories and was assigned to the East Lancashire Division based in Manchester where he remained until 1956. While there, his Chief was E.R.A. Merewether. Dr. Murray regularly visited the asbestos factories within his jurisdiction including Turner Brother's Asbestos, British Belting and Asbestos, and Cape Asbestos. As a Medical Inspector, Dr. Murray's duties included assisting the District Inspector in the implementation of those parts of the Acts and Regulations dealing with occupational health. This included the Asbestos Industry Regulations of 1931. In 1949, he received the Diploma in Industrial Health of the Society of Apothecaries and lectured in Professor Lane's Department of Occupational Health in Manchester. Dr. Murray joined the International Labour Office (ILO) in Geneva in 1956 and remained there until 1961. Dr. Murray then became Medical Advisor to the TUC in London, a post which he held until 1974. During the 1960s and 1970s, he assisted the TUC in its actions against asbestos which lead to the Asbestos Regulations of 1969. In 1974, Dr. Murray began independently consulting in occupational health. He consulted with a number of firms and organizations including the Asbestos Information Association. He served as the Convenor ofthe Medical Advisory Panel and Scientific Advisory Panel until 1992. In 1975, he became Secretary-Treasurer of the Permanent Commission on Occupational Health, now known as the International Commission on Occupational Health, and from 1981 to 1987 he was its President. Dr. Murray's other qualifications include Membership (1963) and later Fellowship (1970) of the Royal College of Physicians of Glasgow, honorary Doctor of Technology of the University of Bradford, honorary Fellowship of the Institution of Occupational Safety and Health, Fellowship of the Faculty of Occupational Medicine of the Royal College of Physicians of Ireland, Fellowship of the corresponding Faculty of the Royal College of Physicians of London, honorary Fellowship of the Royal Society of Medicine, honorary Fellowship ofthe Institute ofOccupational Hygienists and honorary Doctor of Science ofthe University of Glasgow. During the last 30 years, Dr. Murray kept in close touch with the increasing amount of literature concerning asbestos. He assisted the Asbestos Institute in Montreal in its efforts to ensure the safe use of asbestos. He participated in the ILO discussions in 1985 and 1986 which resulted in the Convention and Recommendation on the Safe Use of Asbestos and participated in seminars in Turkey, Malaysia, Thailand and Taiwan. On the basis ofDr. Murray's personal knowledge and experience concerning issues regarding the health hazards of asbestos, and the historical developments relating to the development of knowledge concerning asbestos-related diseases and his knowledge of the medical -11- literature. Dr. Murray will testify as to the state of knowledge concerning what an employer could have and should have known during particular time periods with regard to both the dangers of asbestos use and methods of minimizing those dangers via proper hygiene measures. 12. Robert Brown, 1169 Pointeview Road, Chapin, South Carolina. Mr. Brown received his Bachelor or Science in chemical engineering from the University of South Carolina in 1935. In or about 1948 or 1949, he obtained a Master ofPublic Health Degree from Johns Hopkins University School of Hygiene and Public Health. Mr. Brown began his career in 1936 as a chemical engineer with the Division of Industrial Hygiene of the South Carolina State Board of Health where he worked with an industrial hygiene physician. Mr. Brown was responsible for performing a complete survey on a large sampling basis, including dust studies, of South Carolina industries and developing information of any existing or suspected industrial hygiene problems. In January 1942, Mr. Brown was employed as the Chief of Industrial Hygiene Services for the Health Division ofthe City of St. Louis, Missouri. In 1949, he accepted a position on the faculty of the School of Public Health at Yale University where he taught public and occupational health. In 1951, Mr. Brown joined the Maryland State Department of Health to facilitate the development of the Maryland Bureau of Industrial Hygiene. Mr. Brown accepted a position with the National Sanitation Foundation in Ann Arbor, Michigan in 1965. In 1967, he became the president ofthe National Sanitation Foundation and remained in that capacity until his retirement in 1980. Mr. Brown was a charter member and organizer ofthe National Conference ofGovernmental and Industrial Hygienists (NCGIH), established in or around 1938. This organization later changed its name to the American Conference of Governmental and Industrial Hygienists (ACGIH). Mr. Brown served as a member of this organization's Executive Committee, Constitutional Review Committee and Industrial Hygiene Codes Committee. The latter committee was responsible for establishing maximum allowable concentrations (MAC) and threshold limit values (TLV). In 1946, the Subcommittee on Threshold Limits ofthe ACGIH recommended a MAC for asbestos of 6 million particles per cubic foot of air. Mr. Brown was also a member ofthe American Industrial Hygiene Association (AIHA). This organization also proposed TLV's and MAC's which were published as Hygiene Standards in the April, 1958 issue American Industrial Hygiene Association Journal and recommended maximum atmospheric concentrations for asbestos over 8 hours of 5 million particles per cubic foot of air. This publication also listed potential hazards of asbestos which noted that in addition to asbestosis there had been reports of an increased risk of lung cancer. On the basis of Mr. Brown's personal knowledge of the facts surrounding the adoption of asbestos exposure standards, his training and experience in the areas ofindustrial hygiene and his review of the literature, Mr. Brown will testify by videotape or deposition, with regard to the composition ofthe membership ofthe ACGIH and its predecessors, the NCGIH and the AIHA. Mr. Brown will also testify by videotape or deposition, with regard to the facts and -12- circumstances surrounding the proposal and adoption of the asbestos standards and his involvement in these processes. In addition, Mr. Brown may testify by videotape or deposition, with regard to the state ofindustrial hygiene knowledge during the 1930s, 1940s and 1950s. Mr. Brown will further base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 13. Leonard J. Bristol, M.D., Hull Road, Rainbow Lake, NY. Dr. Bristol received his M.D. in 1944 from the Long Island College of Medicine. From 1944 to 1945 he had a general rotating internship at St. Catherine's Hospital in Brooklyn, New York. From July 1945 to April 1946, he was a resident in radiology at the Long Island College Hospital. From 1946 to 1948, Dr. Bristol was a radiologist at the United States Naval Hospital, National Naval Medical Center in Bethesda, Maryland. During that period of time, he also served as a full time fellow in the Department ofRadiology at the Johns Hopkins University Medical School. He was certified by the American College of Radiologists in 1949. In 1949, he assumed a full-time position as a radiologist at the Trudeau Sanitorium and the Saranac Lake Laboratory where he remained through the end of 1978. Dr. Bristol has been engaged in the practice of radiology at the General Hospital in Saranac Lake, the Placid Memorial Hospital in Lake Placid, the Alice Hyde Hospital in Malone, New York and was a member ofthe Department of Radiology at the Edward L. Trudeau Foundation through 1978. Since 1949, approximately 50 percent ofDr. Bristol's practice involved chest diseases and 25 to 30 percent of his overall practice involved occupational lung disease. He has reviewed several hundred thousand films of workers with occupational lung disease. Dr. Bristol was instrumental in the development ofthe ILO/UICC classifications for asbestos-related diseases. On the basis of Dr. Bristol's knowledge, training and experience as a radiologist and his personal knowledge of the research and experiments conducted by the Trudeau Foundation and Saranac Laboratories, Dr. Bristol may testify by deposition or videotape as to the general radiological characteristics and diagnosis of asbestos-related diseases. Dr. Bristol will further base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 14. Steven Michael Koenig, M.D., University of Virginia Medical School, Charlottesville, VA. Dr. Koenig is board certified in radiology. Dr. Koenig will testify generally as to his background, training and experience. Dr. Koenig will testify as to his knowledge ofradiology -13- and its application in assisting the diagnoses of asbestos-related diseases. He will further testify as to the general medical issues concerning the development, cause, and diagnosis of asbestos-related disease and/or other diseases that may mimic asbestos-related diseases radiographically. Dr. Koenig will testify as to his review of Plaintiffs medical and radiological records, reports and/or films. He will testify concerning whether they are diagnostic of asbestos-related disease, including asbestosis or other asbestos-related pleural conditions. Dr. Koenig may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 15. John M. G. Davis, Ph.D., Sc.D., Pathology, Institute ofOccupational Medicine, 8 Roxburgh Place, Edinburgh, E88 9SU, Scotland, by deposition testimony. Dr. Davis is an experimental pathologist specializing in animal studies. Dr. Davis will testify generally as to his background, training and experience. Dr. Davis will testify as to his knowledge of experimental pathology and animal studies as they relate to the human health effect of the various forms ofasbestos. Dr. Davis will testify to the design ofanimal experiments including the methods and procedures used to generate asbestos dust clouds in a laboratory environment. Based upon these experiments, Dr. Davis will testify that crocidolite asbestos is dustier than chrysotile asbestos and that the similar manipulation of equal volumes of crocidolite and chrysotile asbestos produces more aerosolized crocidolite than chrysotile dust. Further, Dr. Davis will testify that in a work environment in which both crocidolite and chrysotile are similarly processed, the percentage of crocidolite in the airborne asbestos dust cloud will exceed the percentage of crocidolite processed. Dr. Davis will testify as to the general medical issues surrounding asbestos-related diseases. He will address latency, dose response relationships and differences in asbestos fiber types, including their durability in biological tissues, as they relate to the development of asbestosrelated diseases. He will base his testimony on his extensive personal research into the pathological effects of asbestos on animals and his knowledge of the relevant scientific and medical literature. He will address the disease mesothelioma and his opinions as to its causation, development and rate ofoccurrence. Dr. Davis may also testify as to the state-ofthe-art as it pertains to experimental studies involving animal exposure to various forms of asbestos. Dr. Davis may offer such other opinions as may become necessary to rebut the opinions of Plaintiff s experts. Dr. Davis will also testify as to the relevance of animal experiments conducted at Saranac Lake under the direction of Dr. Gardner during the 1940s and later by Dr. Vorwald in the 1950s, as well as subsequent experiments undertaken by Dr. Lynch. Dr. Davis will testify that problems with experimental design, controls and the inherent characteristics of the tested animals rendered Gardner's and Vorwald's studies inconclusive. Although Lynch's study was properly designed, there was no significant difference in the incidence of pulmonary tumors -14- between test and control animals. Hence, Dr. Davis will testify that the animal experiments ofGardner, Vorwald and Lynch gave no reliable information that asbestos was carcinogenic, and it was not until 1967 that Gross demonstrated a positive relationship using specific Pathogen Free Rats. Dr. Davis will testify that by the time ofGross' experiments in 1967, the association between asbestos exposure and lung cancer had been demonstrated by human epidemiology. Dr. Davis may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 16. Philip C. Pratt, M.D., deceased, by deposition testimony. Dr. Pratt received his M.D. degree from Johns Hopkins Medical School in 1944. In 1944 and 1945, he completed an internship in pathology and between 1945 and 1946 was an assistant in pathology at Johns Hopkins Hospital. He served as a pathologist at the Saranac Laboratory, Saranac Lake, New York, between 1946 and 1952, and as assistant director ofthe Saranac Laboratory in 1952 to 1955. Dr, Pratt has personal knowledge of the facts surrounding Dr. Leroy Gardner's animal experiments conducted at Saranac Laboratory from the late 1920's until his death in 1946. Dr. Pratt continued to work on these experiments after Dr. Arthur J. Vorwald was appointed as Dr. Gardner's successor as Director of the Saranac Laboratory and of the Trudeau Foundation. Dr. Pratt will testify with regard to the facts and circumstances surrounding these experiments, including his microscopic examination oftissue slides from the sacrificed animals, his review of Dr. Gardner's experimental notes, and drafting the portions of the literature published as a result of these studies, including the article entitled "Experimental Studies ofAsbestosis" which was published in the A M. A. Archives ofIndustrial Hygiene and Occupational Medicine in January 1951 as well as the document entitled "Asbestosis Experimental Studies, Report ofthe Johns-Manville Corporation, by the Saranac Laboratory" dated September 30, 1948. 17. Kyle B. Dotson, CEH, CSP, PE, 15817 Telge Road, Suite 200, Cypress, Texas 77429. Mr. Dotson is a Certified Industrial Hygienist and Certified Safety Professional. He is also registered as a Professional Safety Engineer by the Commonwealth of Massachusetts and a Diplomate Environmental Engineer in the American Academy of Environmental Engineers. He received a Masters of Science degree in Environmental Science from the University of Texas at Dallas and a Bachelors of Science degree from McMurry University in Abilene, Texas. Mr. Dotson has been a member of the American Industrial Hygiene Association ("ALHA") since 1987 and presently serves on its national board of directors. He is a past recipient of the Kusnetz Outstanding Professional in Industry Award, bestowed by the AIHA. He also serves on the editorial board of the Industrial Safety and Hygiene News Magazine. -15- Mr. Dotson's employment history includes service with Broken Hill Proprietary Company, Ltd. ("BHP"), a global natural resources corporation that conducts mining, petroleum and steel-making operations in some fifty countries. Mr. Dotson held the position of Vice President for Health, Safety and Environmental matters for several BHP business groups. As Vice President for BHP's copper mining group, his responsibilities included environmental affairs related to copper mining, milling, smelting, refining and exploration operations. Before joining BHP, Mr. Dotson was employed by Phelps Dodge Corporation and with Maxim Environmental Engineers, Inc. Phelps Dodge is a diversified, international mining and manufacturing company and Mr. Dotson was Director ofits Occupational, Safety and Health Department. His responsibilities included publication of corporate health and safety management standards and site conformance with industry "best practices". Maxim Engineers is one of the largest environmental laboratories in the United States. At Maxim Engineers, Mr. Dotson was a Manager and Vice President of its Industrial Hygiene Group. His work included conducting EPA/OSHA compliance audits, asbestos abatement management for school districts, occupational disease investigations and exposure risk assessments. Mr. Dotson's work experience also includes positions with Northern Telecom, Inc. as Safety Coordinator for Meridian Business Systems and with Hartford Insurance Group as an Industrial Hygienist. Mr. Dotson will testify generally as to his background, training and experience. He will testify as to the methods and procedures involved in industrial hygiene, including fiber measurement and counting techniques. He will testify as to the methods and procedures utilized in the collection of airborne asbestos samples and the use ofindustrial hygiene methods to control worker exposure to airborne asbestos dust. He will further testify concerning threshold limit values, the various threshold limit values for asbestos exposure, the basis for the original threshold limit value and its subsequent changes. Mr. Dotson will also testify concerning the setting and implementation of asbestos exposure limits by OSHA, the subsequent changes to those limits and OSHA regulations pertaining to Plaintiffs' workplace at various times. He may also testify concerning the industrial hygiene programs implemented by ASARCO and/or Plaintiffs' employers at various times, and how those programs compared to the industrial hygiene standards in effect at various times. Mr. Dotson will further testify with regard to the effectiveness of the industrial hygiene program at ASARCO as compared to the various standards applicable at different times, the asbestos exposures which Plaintiff would have had at various times during his employment history and the environmental exposures to airborne asbestos experienced by millions of Americans for which there is no epidemiological evidence of disease. He may offer such other opinions as may become necessary to rebut the opinions of Plaintiff s experts. Mr. Dotson will base his testimony on the available professional, medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether -16- live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. ASARCO reserves the right to seek leave of court to call experts who may have to be substituted for experts on this list who become unavailable. ASARCO further reserves the right to call additional expert witnesses for the purpose of rebuttal or impeachment, if necessary at the time of trial. The general description ofthe area ofexpertise for each expert's anticipated testimony is not intended to limit such testimony, but is merely an indication of the broad areas in which they may offer testimony. ASARCO reserves the right to supplement these designations up to the time of trial. Rule 194.2(g): any indemnity and insuring agreements described in Rule 192.3(f). RESPONSE: Until ASARCO learns more about Plaintiffs alleged exposures at its Corpus Christi facility, a meaningful response cannot be made to this request. Once such exposure information is received, ASARCO will investigate further, and responsive information, if any, will be supplied if, and when, it is obtained. As ASARCO's investigation ofPlaintiff s claims is ongoing, ASARCO reserves the right to amend and/or supplement this response. Rule 194.2(h): any settlement agreements described in Rule 192.3(g). RESPONSE: None at this time. As ASARCO's investigation of Plaintiff s claims is ongoing, ASARCO reserves the right to amend and supplement this response. Rule 194.2(i): any witness statements described in Rule 192.3(h). RESPONSE: ASARCO states that its representatives have made statements, in the form of deposition testimony, throughout the years. Once ASARCO learns more about Plaintiff s alleged exposures to asbestoscontaining products, ASARCO will provide transcripts containing statements which are relevant to this action. Rule 194.2(j): in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. -17- RESPONSE: Not applicable to the Defendant. Rule 194.2(k): in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE. None at this time. As ASARCO's investigation of Plaintiff s claims is ongoing, ASARCO reserves the right to amend and supplement its response to this request. -18-