Document 0Lqayw3ML7d7KJ4r8XDbpvmpO
PLAINTIFF'S EXHIBIT
IN THE COUNTY COURT AT LAW NUMBER THREE
EL PASO COUNTY, TEXAS
JOSE ROSBNDO MARTINEZ, SR., AND ELENA LOPEZ MARTINEZ,
Plaintiffs, v. OAF CORPORATION, ET AL.,
Defendants.
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Cause No. 2000-2591
ASARCO INCORPORATED'S SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES
COMES NOW ASARCO INCORPORATED ("ASARCO") and hereby designates the following expert witnesses on whom it may rely at the trial of this matter, ASARCO reserves its right to designate farther expert and fact witnesses as farther discovery is conducted in this action.
1. All individuals designated or to be designated as expert witnesses by Plaintiff, whether live or by deposition testimony including but not limited to:
Dr. Judith A. Pester Dr, Juan U. Contin Dr. Hector Battifora Dr. John Dement Dr, Richard A. Lemen William Longo, Ph,D. Mr. Richard L. Hatfield
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2, All individuu
or to be designated as an expert witness by any other party
to this action, whether live or by
uon testimony, and without regard to that party's presence
at the time of trial.
3. All physicians or other health care practitioners who have treated Plaintiffat any time
and for any condition and wr.-se names, addresses, and qualifications are already known to Plaintiff,
may be called to testify whe: * live or by deposition testimony,
4. All physicians who have prior to trial examined Plaintiff and/or Plaintiffs medical
records, hospital records, laboratory test results, x-rays or other diagnostic imaging films and/or any
other information ofwhatever kind relating to the health ofPlaintiff, on behalfofany 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,
5, Allen R, Gibbs, M.D,. Department of Pathology, Llandough Hospital, South
Glamorgan, Penarth CF, 61XX, United Kingdom, is a pulmonary pathologist who received his
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 of Wales 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.
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Dr. Gibbs may review the pathological evidence in this case and testify concerning whether it is diagnostic of asbestos-related disease.
On the basis ofDr. Gibbs' personal research into issues concerning asbestos-related disease, his knowledge of the medical literature and knowledge of the facts of this 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.
Dr. Gibbs may base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony ofall 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.
6. Jeremiah Lvnch. 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 of airborne 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, and the subsequent changes to those limits,
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and OSHA regulations pertaining to Plaintiff's workplace at various times, Mr. Lynch may also testify concerning the industrial hygiene programs implemented by Plaintiffs employers 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 ASARCO as compared to the various standards applicable at different times, Mr. Lynch may also testify as to the asbestos exposures which Plaintiff 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 ofPlaintiffs 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 ofother 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.
7, Ernest Masttomatteo. M.D.. 19 Carey Road, Toronto, Ontario, Canada M4S 1N9. Dr, Ernest Ma9tromatteo is a medical doctor specializing in occupational and environmental hoalth. He is currently Professor Emeritus, Occupational and Environmental Health, University ofToronto and selfemployed as a consultant in Occupational and Environmental Health, Dr, Mastromatteo received his Doctor of Medicine degree from the University of Toronto in 1947, He receivod a Diploma in Public Health from the University of Toronto in 1950 and a Diploma in Industrial Health from the University
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ofTorontoin 1958. In 19S8,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 ofthe 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 of the Division of Occupational and Environmental Health ofthe Ontario Ministry ofHealth. He remained in that position until 1974, From 1966 to 1974, Dr. Mastromatteo also served as a Consultant in Occupational Diseases to the Ontario Workers1 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 ofthe Occupational Health and Safety Branch of the International Labour Office ("DLO") 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 that period, from 1985 to 1990, Dr. Mastromatteo also served as a consultant to the Occupational Health Policy Branch of the 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 Chaired the Section on Occupational Health and the Committee on Public Health. He is a member of the Canadian Medical
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viation. 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 of Governmental Industrial Hygienists
;GIH"). Dr. Mastromatteo has served as a member ofthe ACGIH Threshold Limit Value ("TLV") Committee since 1964. He was Chair of the TLV Committee from 1985 to 1990 and President of the ACGIH for the 1969-1970 term. Dr. Mastromatteo has received numerous honor's and awards in the field of occupational medicine. Among his other awards, in 1981 he received the Stokinger 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 ofFame International.
Dr, Mastromatteo will farther testify that as a long-standing member ofthe 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 of evidence. As such, the ACGIH examines the 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 value at different points in time and the medical knowledge that was available to the ACGIH concerning the health effects of asbestos.
Dr. Mastromatteo will further testify that the Occupational Safety and Health Administration ("OSHA") does not rely on the weight of evidence but sets its PEL based on a different oontrol strategy.
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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 set the PEL for all types of asbestos at 0.1 fee. That level ofexposure is many times below the level ofexposure which one would expect to cause disease in the average worker.
Dr. Mastromatteo will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony ofall 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.
8. Howard E. Aver. C.I.g.. 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 Bachelor degree in Chemical Engineering in 1948 from the University of Minnesota, 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 of Occupational Health, Occupational Health Program and Bureau ofOccupational Safety and Health). He was 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 Directorofthe Division ofField Studies from 1967
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to 1972. Mr, Ayer has been with the University of Cincinnati, Institu;- : .
ronmental Health
(Kettering Laboratory) as a Professor and Emeritus Professor since 1972. ,, .urn 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 of industrial hygiene. As a member
ofthe ACGIH, Mr. Ayer served on the Air Sampling Instruments Committee, the Energy Committee,
the Ventilation Committee, and the Committee on Environmental Factors h the Pneumoconioses (which
he chaired for three years). Mr. Ayer also chaired the ad hocjoint AHA*ACGIH Committee on Uniform
Methods in Impinger Counting. Mr, Ayer has authored over 40 published papers on matters ofindustrial
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 ofindustrial 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.
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9. Arthur M. Laneer. Ph.D.. Director, Environmental Scienoes Laboratory ofthe Institute ofApplied Sciences, Brooklyn College ofthe City University ofNew 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 fhrther testify as to his extensive study and experimentation with regard to the family ofminerals 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 ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony ofall other witnesses named or to bo 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. Robert Murray. M.D.. South Hill, Church Road, Newton Green, Sudbury, Suffolk, C010 OQP, United Kingdom. Dr. Murray was an occupational health consultant, He qualified in medicine in 1939 at Glasgow University. From 1941 to 1946 ho served in the R.A.M.C, in West Africa, India and Burma and was mentioned in despatches. Dr, Murray received his Diploma in
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Public Health in January, 1947. In April 1947, he became one of only 12 of Her Majesty's Medical Inspectors ofFactories 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, Mirny 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. Munay 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 1960's and 1970's 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 of the Medical Advisory Panel and Scientific Advisory Panel until 1992. In 1975 he became Secretary-Treasurer ofthe 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
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ofthe Faculty ofOccupational Medicine ofthe 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 of Occupational Hygienists and honorary Doctor of Science of the University of Glasgow.
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 literature, Dr. Murray has testified by way of a vidootaped deposition as to the state ofknowledge 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 ofminimizing those dangers via proper hygiene measures.
11. 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 fbrther 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.
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Dr. Craighead will teati:
j to the dangers posed by the inhalation of asbestos
fibers and the relative risks assc.
i exposure to low levels of airborne asbestos. Dr.
Craighead may also address thresholds of exposure below which there is no measurable increased
risk of contracting 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, if any, and testify
concerning whether it is diagnostic of asbestos-related disease.
Dr. Craighead may also testify concerning asbestos fiber counts in the lung tissue ofdifferent
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
Plaintiffs experts.
Dr. Craighead may base his testimony on the available medical and scientific literature, his
own training and experience, the opinions and reports ofother exports 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.
12. Steven M. Koenig. M.D.. Box 800546, Division of Pulmonary and Critical Care,
University of Virginia Health Systems, Charlottesville, Virginia. Dr. Koenig is board certified in
pulmonology, Dr. Koenig is an internist specializing in pulmonary diseases, Dr. Koenig will testify
generally as to his background, training and experience. Dr. Koenig will testify as to his knowledge
ofpulmonology and asbestos-related diseases. He will further testify as to the general medical issues
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concerning the development, cause, and diagnosis of asbestos-related disease and/or other disease that may mimic asbestos-related diseases.
Dr. Koenig will testify as to his examination ofthe non-malignant Plaintiffs and his findings based upon those examinations, upon his review ofPlaintiffs' medical records and diagnostic testing. He will testify concerning whether plaintiffs suffer from asbestos-related disease, including asbestosis and other asbestos-related pleural conditions. Dr. Koenig may offer such other opinions as may become necessary to rebut the opinions of Plaintiffs' experts.
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.
13. John M. G,_Dayis^Ph,D,. Sc.D.. Pathology, Institute of Occupational Medicine, 8 Roxburgh Place, Edinburgh, E88 9SU, Scotland. By deposition testimony taken in Hunt v. Turner & Newall, ei, al,, Supreme Court of British Columbia, No, c885383, November 30, December 1, 1994. Dr. Davis is an experimental pathologist specializing in animal studies. Dr. Davis has testified generally as to his background, training and experience. Dr. Davis has testified as to his knowledge of experimental pathology and animal studies as they relate to the human health effect of the various forms of asbestos.
Dr, Davis has testified as to the general medical issues surrounding asbestos-related diseases. He has addressed latency, dose response relationships and differences in asbestos fiber types, including their durability in biological tissues, as they relate to the development of asbestos-related
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diseases. His testimony is based on his extensive personal research into the pathological effects of asbestos on animals and his knowledge of the relevant scientific and medical literature. His testimony has addressed the disease mesothelioma end his opinions as to its causation, development and rate of occurrence. Dr. Davis has also testified as to the state-of-the-art as it pertains to experimental studies involving animal exposure to various forms of asbestos.
Dr. Davis has also testified by deposition as to the relevance of animal experiments conducted at Saranac Lake under the direction of Dr, Gardner during the 1940's and later by Dr, Vorwald in the 1950's, as well as subsequent experiments undertaken by Dr. Lynch. Dr, Davis has testified by deposition that problems with experimental design, controls and the inherent characteristics ofthe tested animals rendered Gardner's and Vorwald's studies inconclusive. He has testified that although Lynch's study was properly designed, there was no significant difference in the incidence ofpulmonary tumors between test and control animals, Hence, Dr. Davis has testified by deposition that the animal experiments of Gardner, Vorwald and Lynoh 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 has testified that by the time of Gross' experiments in 1967, the association between asbestos exposure and lung cancer had been demonstrated by human epidemiology,
14. Robert N,Jones. M.D.. Tulane University Medical Center, Pulmonary Disease, Box SL-9,1430 Tulane Avenue, New Orleans, LA. Dr, Jones is a medical doctor who i9 board certified in the specialties of internal medicine and pulmonary disease, his research career has been in the epidemiology of occupational lung diseases. Dr, Jones will testify generally as to his background, training and experience. Dr. Jones may testify generally concerning the anatomy and physiology
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of the pulmonary system, the methods and procedures involved in pulmonary medicine and epidemiology generally and specifically with regard to aabestos-related diseases, the potential dangers posed by the inhalation of asbestos fibers, the potential dangers associated with exposure to low levels ofairborne asbestos dust, and the dangers posed by the different types ofasbestos fiber. Dr. Jones will also testify as to the relative pathogenicity ofthe different asbestos fiber types and the epidemiology associated with exposure to different fiber types. Dr, Jones will further address the dose response curves associated with the different fiber types for the various asbestos-related diseases. Dr. Jones's testimony may also address the disease mesothelioma, its relation to asbestos exposure, the risks associated with exposure to different fiber types, the relative contribution of different exposures, and its incidence among the general population. He will further testify as to the general medical issues concerning the development, cause, and diagnosis of mesothelioma and/or other asbestos-related disease. Dr, Jones will further testify concerning other conditions and/or malignancies that may complicate or confound the diagnosis of asbestos-related diseases and the clinical diagnosis of asbestos-related diseases. Dr. Jones will also address thresholds of exposure below which there is no measurable increased risk of contracting an asbestos-related disease and the latency periods required for the development ofthe various asbestos-related diseases, Dr. Jones will offer such other opinions as may become necessary to rebut the opinions of plaintiff's experts.
Dr. Jones 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 this defendant or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by this defendant 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.
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,,SARCO reserves the right to seek leave of court to call experts who are substituted for 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 of expertise of each expert's anticipated testimony is not intended to limit such testimony, but is merely an indication of the broad area in which they may offer testimony, ASARCO reserves the right to supplement this designation up to the time of trial.
RAY MCCHRISTIAN & JEANS, P.C,
Byi " l5avid S. Jeans SB#105040 5822 Cromo, Suite^OO El Paso, Texas 79912 (915) 832-7200 Fax: (915) 832-7333
Of Counsel: PORZIO, BROMBERG & NEWMAN, P.C. 100 Southgate Parkway Morristown, New Jersey 07962-1997 (973) 538-4006 Fax: (973) 538-5146
Attorneys for Defendant ASARCO Incorporated, formerly known as American Smelting and Refining Company
CERTIFICATE of service
Pursuant to Texas Rule of Civil Procedure Rule 21a, I certify that on the above date a true
and correct copy of the foregoing document was delivered to all attorneys of record on the attached
Service List.
;.
-1' DAVID ST JEANS, EQ,
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Delivered Via:
_x_ Facsimile Cenified Mail Regular Mail Hand Delivery Overnight Mail
CERTIFICATE OF SERVICE
Nemeroff/Ansbach (Plaintiffs' atty) 214-520*1181
Jeny Kacal (AC&S)
713-621-9065
Gary Elliston (OCR)
214-210-2500
David Taylor (3M)
214-871-8209
Patricia Kelly (WRG)
956-428-2954
John Hill/J.Hall (Met-Life)
713-223-3717
Frank Harmon (CC&S)
713-658-1921
Jim Harris (Flint)
409-833-4240
Lewis Miltenberger (Harbison)
817-820-0373
Thomas Dougall (Proko Ind.)
803-788-6767
Carlos Villa
532-2041
Robert Bass .
214-953-6503
D. Ferguson McNeil
713-615-5493
Thomas Taylor
713-220-4285
Rambin/Carlton
214-651-4330
M. Willingham
713-426-1717
Donald Godwin
214-760-7332
David Fisher
936-598-7712
Steve Rice
713-655-9212
Peter Moir
214-953-6503
Todd Wade
214-999-6170
Kevin Leahy
512-479-1101
Ferrell/Mahoney
512-476-7832
Crouch/Ponti
214-922-4177
J. Tompkins
713-355-7600
Ruben Robles (Texaco)
915-544-1288
Larry Hicks
567-B401
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IN THE COUNTY COURT AT LAW NUMBER THREE
EL PASO COUNTY, TEXAS
JOSE ROSENDO MARTINEZ, SR, AND ELENA LOPEZ MARTINEZ,
Plaintiffs,
v, GAF CORPORATION, ET AL.,
Defendants.
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Cause No, 2000-2591
deeendant^sarco incorporated^ supplementations! to PLAINTIFF* REQUESTS FOR PISCLOSVrr:
TO: Plaintiffs Jose Rosendo Martinez, Sr. And Elena Lopez Martinez, by and through their attorney of record, Baron & Budd, 3102 Oak Lawn Avo., Suite 1 ICO, Dallas, Texas 752194281.
Comes now ASARCO INCORPORATED formerly known as American Smelting and Refining Company, a corporation of the State ofNew Jersey, with a principal place or business in the State of Arizona (subsequently referred to as "ASARCO"), named Defendant herein, and in answer to Plaintiffs' Requests for Disclosure, makes and files this response pursuant to Rule 194 of the Texas Rules of Civil Procedure, respectfully showing unto the Court the following:
(a) The Correct Names of the Parties to the Lawsuit:
ASARCO Incorporated, formerly known as American Smelting and Refining Company.
(b) The Name, Address and Telephone Number of any Potential Parties:
No other potential parties are known at this point in time. As ASARCO's investigation of Plaintiffs claim is ongoing, ASARCO expressly reserves its right to amend and/or supplement this response.
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(c) The Legal Theories and, In General, the Factual Bases ofthe Responding Party's Claims or Defenses:
ASARCO denies that its conduct toward Plaintiffs was in any way negligent, grossly negligent or malicious and denies responsibility for the injuries and/or death alleged by Plaintiffs in the original petition and all subsequent amended pleadings. ASARCO denies that it failed to maintain a safe workplace and denies that PlaintiffJose Rosendo Martinez, Sr., was exposed to any asbestos and/or asbestos-containing products at its El Paso facility. ASARCO also denies that it undertook and/or failed to provide an adequate safety program, safe instrumentalities and careful and competent fellow servants to the Plaintiff, ASARCO further denies that it conspired to cause Plaintiffs' injuries and/or death.
Further, even if Plaintiff could establish that he was exposed to asbestos and/or asbestoscontaining products at the El Paso facility, such exposure was not the cause of Plaintiffs alleged iryuries and/or death, Even ifASARCO is found to be negligent, Plaintiffs alleged injuries and/or death were not proximately related to or caused by ASARCO's conduct. ASARCO denies that Plaintiff's 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 himself of or 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 ofknowledge and/or warnings that cigarette smoking was hazardous to health.
Further, ifPlaintiffwas an employee ofASARCO at the time the alleged conduct and injuries occurred, Plaintiffs claims for injuries and/or death are limited and governed by the Workers' Compensation Laws of the State of Texas. Pursuant to those laws, Plaintiffs damages cannot be sought or recovered from ASARCO.
Further, if Plaintiff was an employee of a contractor at the time the alleged conduct and injuries ooeurred, Plaintiffs employer was a 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 to ensure that Plaintiffs employment was free from hazards encountered under the direction of his employer.
In addition, Plaintiffs' damages, ifany, 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
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parties and is entitled to ajudgment 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' Seventh Amended and any subsequent Petition. As ASARCO's investigation of Plaintiff s claim is ongoing, ASARCO reserves the right to amend and/or supplement this response.
(d) The Amount and any Method of Calculating Economic Damages:
Not applicable to Defendant.
(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;
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 including but not limited to the following;
Dr. Spearman El Paso, TX
Dr. Enrique Martin E! Paso, TX
Dr. Ronald Bluminfield 1733 Curie Drive El Paso, TX
Dr. Daniel Voglewede ...... ..... ... 12$.,,Wqst Hague Road, Suite 400
El Paso, TX
Dr. Charvanal El Paso, TX
Dr, Robert Zurek 1250 East Cliff, Suite 5-B El Paso, TX
Dr. Edward Goldman 100 East Schufler El Paso, TX
Dr, Eisenburg 1250 East Cliff, Suite 2-A El Paso, TX
Dr, Vipcobr Patel 1250 East Cliff, Suite 2-A El Paso, TX
Dr. John Turess 1300 Murchison Drive, #180 El Paso, TX
Dr, Bobby Maddox 8001 Montana El Paso, TX
Hotel Dieu Hospital El Paso
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Providence Memorial Hospital 2001 North Oregon Street El Paso, TX
Sierra Medical Center Transplant 1625 Medical Center Street El Paso, tX
La Mariposa Hospice 2001 North Oregon Street El Paso, TX
Elena Lopez Martinez 901 Loretto Road El Paso, TX
Bill C. Fisk Southwestern Industrial Contractors and Riggers 7155 Industrial El Paso, TX 79915
Raymundo Martinez 1727 Brandonburg San Antonio, TX
Hector Martinez 5047 Montoya Drive El Paso, TX
Maria Louisa Lopez 19422 Whitewood Drive Spring, TX
Gloria Fernandez 261 ViaPalacio El Encenito, CA
Jose R. Martinez, Jr. 5451 WestFolley St. Chandler, AZ.......................... .............
Luis Bellman 3996 Doniphan, #7 ErpasorTX................ *..............
Federico Gardea 1349 Vista de Oro El Paso, TX
Manuel Macias 8905 Turrentine Drive El Paso, TX
Santos Alvarado
Joe Vaca, Sr.
Joe Vaca, Jr.
Joe Bombeck
Maximo Veagomez
Pete Martinez
Carmen Contreras
Loren20 Mendoza
Ramon Galavez
Pedro Morales
Jimmy Gibson
Alfonso Martinez
Roberto Bustamante
Raymundo V. Villa, Sr.
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Jose Bautista
iduardo Barajas
Ramon Baeza
eaus Fierro
Everto C. Mendez
Alfonso Loustaunau
Luis Martinez Bustamante
Richard L. Hatfield
Dr. Judith A. Pester
Dr. Juan U. Contin
Dr. Hector Battifora
Dr, John Dement
Dr. Richard A. Lemon
William Longo, Ph.D,
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 othor party to this action. To date, ASARCO has not been served wil: any discovery responses or witness designations by co-defendants or other parties to uis action. aSARCO reserves the right to supplement this response upon receipt of same,
3. All individuals named or to be named in any party's answers to interrogatories,
4. below),
All individuals named or to be named as an expert witness by ASARCO (as set forth
5. Individuals who were employed as plant managers, industrial hygienists, and/or safety personnel at the El Paso facility during the relevant time period.
6. Michael O. Varner, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Mr. Vamer was employed by ASARCO from 1971 through approximately 1999 and he held various positions in the Environmental Sciences, Technical Services and Environmental Operations departments.
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.
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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.
ASARCO reserves the right to call additional fact witnesses for the purpose of rebuttal or impeachment, if necessary, at the time of trial, As discovery in this case is ongoing, ASARCO further reserves the right to amend and/or supplement this response up to the time of trial,
(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 aud bibliography.
1. All individuals designated or to be designated as expert witnesses by Plaintiff, whether live of by'deposition testimony includingbufriot"limfted to:...... .......................
Dr, Judith A. Pester
Dr, Juan U. Contin
Dr. Hector Battifora
Dr. John Dement
Dr, Richard A. Lemen
William Longo, Ph.D.
Richard L. Hatfield
2. All individuals designated or to be designated as expert witnesses by any other defendant or any other party to this action, whether live or by deposition testimony, and without regard to that party's presence at the time of trial. To date, ASARCO has not been served with any discovery responses or witness designations by co-defendants or other parties to this action. ASARCO reserves the right to supplement this response upon receipt of same,
3. 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.
we 1?
Dr. Spearman El Paso, TX
Dr. Enrique Martin El Paso, TX
Dr. Ronald Bluminfleld 1733 Curie Drive El Paso, TX
Dr. Daniel Voglewede 125 West Hague Road, Suite 400 El Paso, TX
Dr. Charvanal El Paso, TX
Dr. Robert Zurek 1250 East Cliff, Suite 5-B El Paso, TX
Dr, Edward Goldman 100 East Schufler El Paso, TX
Dr. Vipoobr Patel 1250 East Cliff, Suite 2-A El Paso, TX
Dr. Eisenburg 1250 East Cliff, Suite 2-A El Paso, TX
Dr. John Turess 1300 Murchison Drive, #180 El Paso, TX
Dr. Bobby Maddox 8001 Montana El Paso, TX
La Mariposa Hospice 2001 North Oregon Street El Paso, TX
Hotel Dieu Hospital El Paso, TX
Providence Memorial Hospital 2001 North Oregon Street El Paso, TX
SierTa Medical Center Transplant 1625 Medical Center Street El Paso, TX
4, All physicians who have prior to trial examined Plaintiff and/or Plaintiff's medical records, hospital records, laboratory test results, x-ray or other diagnostic imaging films and/or any other information ofwhatever kind relating to the health ofPlaintiff, on behalfof 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.
5. Allen R. Gibbs. M.D,. Department of Pathology, Llandough Hospital, South Glamorgan, Penarth CF, 61XX, United Kingdom, is a pulmonary pathologist who received his 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
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senior lecturer in pathology at the University of Wales College of Medicine. He has special expertise in the diagnosis ofasbestos-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.
On the basis ofDr. Gibbs' personal research into issues concerning asbestos-related disease, his knowledge of the medical literature and knowledge of the facts of this 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,
Dr. Gibbs may base his testimony on the available medical and scientific literature, applicable statutes and regulations, hie own training and experience, the opinions and reports ofother 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 otherparty, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial.
6, Jeremiah Lvnch.
25 Waterman Avenue, Rumson, New Jersey. Mr. Lynch is
^Certified Industrial Hygienist Mr. Lynch wiil teati^' generall)' as tojiis background, training and
experience, Mr. Lynch will testify as to the methods and procedures involved in industrialhygiene,
the methods and procedures utilized in the collection of airborne 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, and 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 by Plaintiffs employers 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
ASARCO as compared to the various standards applicable at different times. Mr. Lynch may also
testify as to the asbestos exposures which Plaintiff 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 Plaintiffs 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 ofother
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exp to be named by ASARCO or any other party, whether live or by deposition, the
tes: ;ther witnesses named or to be named by ASARCO or any other party, whether live
or by
--Oil, and any documents introduced into evidence or otherwise used by any party at the
time oi trial.
7. Ernest Mastromatteo. M.D.. 19 Carey Road, Toronto, Ontario, Canada M4S 1N9, Dr. Ernest Mastromatteo is a medical doctor specializing in occupational and environmental health. He is currently Professor Emeritus, Occupational and Environmental Health, University ofToronto and aelfemplov-r; as ?. :onsultam in Occupational and Environmental Health. Dr. Mastromatteo received his Doctc; crMerLcine degree from the University of Toronto in 1947, He received a Diploma in Public Health -rom tha University of Toronto in 1950 and a Diploma in Industrial Health from the University ofTc.-cr/.omF/f8. In 195 8, Dr. Mastromatteo was certified in Occupational Medicine by the American Board c' 'Preventive 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 ofthe Virden Local Health Unit, Vlrcen, Manitoba. In 1952, Dr. Mastromatteo commenced employment as a physician and consultant with the Ontario Ministry of Health. In 1968, he became the Director of the Division of Occupational and Environmental Health ofthe Ontario Ministry ofHealth. He remained in that position until 197^. 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 ofOccupational and Environmental Health ofthe University of Toronto.
"In 1974, Dr. Masfromatt'eobecameCHief^fBFeX)ccupati6rial'H^tH' arid^afety'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 that period, from 1985 to 1990, Dr. Mastromatteo also served as a consultant to the Occupational Health Policy Branch of the 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 Chaired the Section on Occupational Health and the Committee on Public Health. He is a member ofthe Canadian Medical Association. Dr. Mastromatteo was elected to the Ramazzini Medical Society in 1968 and has been a member ofthe International Commission on Occupational Health since 1968. Dr. Mastromatteo is an Honorary Lifetime Member of the American Conference of Governmental Industrial Hygienists ("ACGIH"), Dr. Mastromatteo has served as a member ofthe ACGIH Threshold Limit Value ("TLV") Committee sinoe 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 Award for Scientific Contributions to Occupational Toxicology in the United States. In 1986, he received the Yant
94817
9
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 ofFame International,
Dr. Mastromatteo will fUrthertestify that as a long-standing member ofthe 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 of evidenoe. As such, the ACGIH examines the 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 value at different points in time and the medical knowledge that was available to the ACGIH concerning the health effects of asbestos.
Dr. Mastromatteo will further testify that the Occupational Safety and Health Administration ("OSHA") does not rely on the weight ofevidence but sets its 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 set the PEL for all types of asbestos at 0,1 f/cc, That level ofexposure is many times below the level ofexposure which one would expect to cause disease in the average worker.
Dr. Mastromatteo will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofothor experts named or to be named by ASARCO or any, 9ther party, whether live or by deposition, the testimony ofall other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidenoe or otherwise used by any party at the time of trial.
8. Howard E, Aver. 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 Bachelor degree 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 of Occupational Health, Occupational Health Program and Bureau ofOccupational Safety and Health). He was 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 ofthe Division ofField 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.
94617
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Mr. Ayer has served on numerous committees in the field of industrial hygiene, ae a member of the ACGIH, Mr. Ayer served on the Air Sampling Instruments Committee, the Energy Committee, the Ventilation Committee, and the Committee on Environmental Factors in the Pneumoconioses (which he chaired fbrthreeyeare). Mr. Ayer also chaired the ad hocjoint AIHA-ACGIH ComirJttee orUniform Methods in Impinger Counting. Mr. Ayerhas authored over 40 published papers on masers ofindustrial 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 o: 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.
9. Arthur M. Langer. Ph.D.. Director, Environmental Sciences Laboratory ofthe Institute ofApplied Sciences, Brooklyn College ofthe City University ofNew 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 ofother 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.
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10. Robert Murray. MD,, South Hill, Church Road, Newton Green, Sudbury, Suffolk, C010 OQP, United Kingdom. Dr. Murray was an occupational health consultant. He qualified in medicine in 1939 at Glasgow University, From 1941 to 1946 he served in the R.A.M.C. in West Africa, India and Burma and was mentioned in despatches. Dr. MuiTay received his Diploma in Public Health in January, 1947. In April 1947, he became one of only 12 ofHer Majesty's Medical Inspectors ofFactories 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 ofthe 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 1960's and 1970's 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 offirms and organizations including the Asbestos Information Association. He served as the Convenor of the Medical Advisory Panel and Scientific Advisory Panel until 1992. In 1975 he became Secretary-Treasurer ofthe 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 ofthe Institution of Occupational Safety and Health, Fellowship ofthe Faculty ofOccupational Medicine ofthe Royal College of Physicians ofIreland, Fellowship of the corresponding Faculty of the Royal College of Physicians of London, honorary Fellowship of the Royal Society ofMedicine, honorary Fellowship of the Institute of Occupational Hygienists and honorary Doctor of Science of the University of Glasgow.
Dr. Mimay 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 literature, Dr. Murray has testified by way of a videotaped deposition as to the state of knowledge concerning what
94817
12
an employer oould have and should have known during particular time periods with regard to both the dangers of asbestos use and methods ofminimizing those dangers via proper hygiene measures.
11. 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 asbestos-related disease and/or other diseases that may mimic asbestos-related diseases.
Dr. Craighead will testify generally as to the dangers posed by the inhalation of asbestos 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, if any, 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 Plaintiffs 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.
12. Steven M. Koenig. M.D.. Box 800S46, Division of Pulmonary and Critical Care, University of Virginia Health Systems, Charlottesville, Virginia, Dr. Koenig is board certified in pulmonology, Dr. Koenig is an internist specializing in pulmonary diseases. Dr, Koenig will testify generally as to his background, training and experience. Dr, Koenig will testify as to his knowledge ofpulmonology and 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 disease that may mimic asbestos-related diseases.
Dr, Koenig will testify as to his examination ofthe non-malignant Plaintiffs and his findings based upon those examinations, upon his review ofPlaintiffs ' medical records and diagnostic testing. He will testify concerning whether plaintiffs suffer from asbestos-related disease, including asbestosis and other asbestos-related pleural conditions, Dr, Koenig may offer such other opinions as may become necessary to rebut the opinions of Plaintiffs' experts,
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
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13
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. John M. G. Davis. Ph.D.. Sc.D.. Pathology, Institute of Occupational Medicine, 8 Roxburgh Plaoe, Edinburgh, E88 9SU, Scotland. By deposition testimony taken in Hunt v. Turner & Newall, et, al., Supreme Court of British Columbia, No. c885383, November 30, December 1, 1994. Dr. Davis is an experimental pathologist specializing in animal studies. Dr. Davis has testified generally as to his background, training and experience. Dr. Davis has testified as to his knowledge of experimental pathology and animal studies as they relate to the human health effect of the various forms of asbestos,
Dr. Davis has testified as to the general medical issues surrounding asbestos-related diseases. He has addressed latency, dose response relationships and differences in asbestos fiber types, including their durability in biological tissues, as they relate to the development ofasbestos-related diseases. His testimony is based on his extensive personal research into the pathological effects of asbestos on animals and his knowledge of the relevant scientific and medical literature. His testimony has addressed the disease mesothelioma and his opinions as to its causation, development and rate of occurrence. Dr. Davis has also testified as to the state-of-the-art as it pertains to experimental studies involving animal exposure to various forms of asbestos.
Dr. Davis has also testified by deposition as to the relevance of animal experiments conducted at Saranac Lake under the direction of Dr. Gardner during the 1940's and later by Dr. Vorwald in the 1950's, as well as subsequent experiments undertaken by Dr. Lynch. Dr. Davis has testified by deposition that problems with experimental design, controls and the inherent characteristics ofthe tested animals rendered Gardner's and Vorwald's studies inconclusive. He has testified that although Lynch's study was properly designed, there was no significant difference in the incidence ofpulmonary tumors between test and control animals. Hence, Dr. Davis has testified by deposition that the animal experiments of Gardner, 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 has testified that by the time of Gross' experiments in 1967, the association between asbestos exposure and lung cancer had been demonstrated by human epidemiology.
14. Robert N. Jones. M.D.. Tulane University Medical Center, Pulmonary Disease, Box SL-9,1430 Tulane Avenue, New Orleans, LA, Dr. Jones is a medical doctor who is board certified in the specialties of internal medicine and pulmonary disease, his research career has been in the epidemiology of occupational lung diseases. Dr. Jones will testify generally as to his background, training and experience. Dr, Jones may testify generally concerning the anatomy and physiology of the pulmonary system, the methods and procedures involved in pulmonary medicine and epidemiology generally and specifically with regard to asbestos-related diseases, the potential dangers posed by the inhalation of asbestos fibers, the potential dangers associated with exposure to low levels ofairborne asbestos dust, and the dangers posed by the different types ofasbestos fiber. Dr, Jones will also testify as to the relative pathogenicity ofthe different asbestos fiber types and the
94S17
14
epidemiology associated with exposure to
,er types. Dr, Jones will further address the
dose response curves associated with the difSr ber types for the various asbestos-related
diseases. Dr. Jones's testimony may also adch"
lease mesothelioma, its relation to asbestos
exposure, the risks associated with exposu
,nt fiber types, the relative contribution of
different exposures, end its incidence amon., ; general population. He will further testify as to the
general medical issues concerning the development, cause, and diagnosis ofmesothelioma and/or
other asbestos-related disease. Dr. Jones will further testify concerning other conditions and/or
malignancies that may complicate or confound the diagnosis of asbestos-related diseases and the
clinical diagnosis of asbestos-related diseases. Dr. Jones will 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 die vanaus asbestos-related diseases, Dr, Jones will
offer such other opinions as may become necessary to rebut the opinions of plaintiff s experts,
Dr. Jones 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 this defendant or any other party, wh uner kve c: by deposition, the testimony of all other witnesses named or to be named by this de andan: or any other oarty, whether live or by deposition, and any documents introduced into evidence or otherwise usea 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 ofrebuttal or impeachment, if necessary at the time of trial.
The general description ofthe area of expertise for each expert's anticipated testimony is not intended to limit such testimony, but is mere:y an indication of the broad areas in which they may offer testimony. ASARCO reserves the right *.; supplement these designations up to tho time of trial.
(g) Any Discoverable Indemnity and Insuring Agreements:
Until ASARCO learns more about Plaintiffs alleged exposure at its El Paso facility, a meaningful response cannot be made to this request. Once such exposure information is received, ASARCO will investigate further, and responsive information, ifany, will be supplied if, and when, it is obtained.
As ASARCO's investigation ofPlaintiff s claim is ongoing, ASARCO reserves the right to amend and/or supplement this response.
(h) Any Discoverable Settlement Agreements:
None are known at this time. As ASARCO's investigation of Plaintiff s claim is ongoing, ASARCO reserves the right to amend and supplement this response,
9*817
IS
(I) Any Discoverable Witness Statements:
None are known at this time. As ASARCO's investigation of Plaintiffs claim is ongoing, ASARCO reserves the right to amend and supplement this response.
(]) 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 therof, an authorization permitting the disclosure of such medical records and bills;
Not applicable to the Defendant,
(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:
None at this time, As ASARCO's investigation of Plaintiff s claim is ongoing, ASARCO
reserves the right to amend and supplement its response to this request.
RAY MCCHRISTIAN JEANS, P.C. ?
November 19, 2001
Bv:
David S. Jeans SBO'f#1059740 5822 Cromo, Suite 400 El Paso, Texas 79912~
(915)832-7200 Fax: (915) 832-7333
Of Counsel: PORZIO, BROMBERG & NEWMAN, P.C. 100 Southgate Parkway Morristown, New Jersey 07962-1997 (973) 538-4006 Fax:(973) 538-5146
Attorneys for Defendant ASARCO Incorporated, formerly known as American Smelting and Refining Company
04617
19
CERTIFICATE OF SERVICE
Pursuant to Texas Rule ofCivil Procedure Rule 21a, I certify that on the above date
a true and correct copy of the foregoing document was delivered to all attorneys of record on the
attached Service List.
^
DAVID S. JEANS,/ESQ.
Delivered Via:
_x_ Facsimile Certified Mail
___ Regular Mail ___ Hand Delivery ___ Overnight Mail
SEimcmsi
Nemeroff/Ansbach (Plaintiffs' atty) 214-520-1181
Jerry Kacal (AC&S)
713-621-9065
Gary Elliston (CCR)
214-210-2500
David Taylor (3M)
214-871-8209
Patricia Kelly (WRG)
956-428-2954
John Hill/J.Hall (Met-Life)
713-223-3717
Frank Harmon (CC&S)
713-658-1921
Jim Harris (Flint)
409-833-4240
Lewis Miltenberger (Harbison)
817-820-0373
Thomas Dougall (Proko Ind.)
803-788-6767
Carlos Villa
532-2041
Robert Bass
214-953-6503
D. Ferguson McNeil
713-615-5493
Thomas Taylor
713-220-4285
Rambin/Carlton
214-651-4330
M. Willingham
713-426-1717
Donald Godwin
214-760-7332
David Fisher
936-598-7712
Steve Rice
713-655-9212
Peter Moir
214-953-6503
Todd Wade
214-999-6170
Kevin Leahy
512-479-1101
Ferrell/Mahoney
512-476-7832
Crouch/Ponti
'214-922-4177
J, Tompkins
713-355-7600
Ruben Robles (Texaco)
915-544-1288
Larry Hicks
587-8401
#69338
TOTAL P.40
r. ew
IN THE COUNTY COURT AT LAW Nl
21
EL PASO COUNTY, TEXAb
JOSE ROSENDO MARTINEZ, SR., AND ELENA LOPEZ MARTINEZ,
Plaintiffs,
v. GAF CORPORATION, ET AL.,
Defendants.
)
)
)
)
)
) Cause No. 2000-2591
)
)
)
)
` .CERTIFICATE OF TO1TTSN SISCQV^Y Defendant hereby certifies to the Court that Defendant, A5ARCO Incorporated's Response
to Plaintiffs' Request for Disclosure to Plaintiffs in the above referenced cause, has been properly
served upon Plaintiffs.
Y MCCHRISTIAN & JEANS, P.C.
&2L DavidS.
SBOT #1059740
5822 Cn io, Suite 400
El Paso,' fexas 79912
(915)832-7200
Fax: (915)832-7333
Of Counsel: PORZIO, BROMBERG & NEWMAN, P.C. 100 Southgate Parkway Morristown, New Jersey 07962-1997 (973) 538-4006 Fax: (973) 538-5146
Attorneys for Defendant ASARCO Incorporated, formerly known as American Smelting and Refining Company
CERTIFICATE OF SERVICE
Pursuant to Texas Rule of Civil Procedure Rule 21a, 1 certify that on the above date a true and correct copy of the foregoing document was delivered to all attorneys ofrecord on the attached Service List.
Delivered Via:
TJXVID S. JEANS',y^SQ.
Facsimile Certified Mail Regular Mail Hand Delivery Overnight Mail
SERVICE LIST
Nemerof&'Anabach (Plaintiffs' atty) 214-520-1181
Jerry Kacal (AC&S)
713-621-9065
Gary Elliston (CCR)
214-210-2500
David Taylor (3M)
214-871-8209
Patricia Kelly (WRG)
956-428-2954
John Hill/J.Hall (Met-Life)
713-223-3717
Frank Harmon (CC&S)
713-658-1921
Jim Harris (Flint)
409-833-4240
Lewis Miltenberger (Harbison)
817-820-0373
Thomas Dougall (Proko Ind.)
803-788-6767
Carlos Villa
532-2041
Robert Bass
214-953-6503
D. Ferguson McNeil
713-615-5493
Thomas Taylor
713-220-4285
Rambin/Carlton
214-651-4330
M. Willingham
713-426-1717
Donald Godwin
214-760-7332
David Fisher
936-598-7712
Steve Rice Peter Moir Todd Wade Kevin Leahy
713-655-9212 214-953-6503 214-999-6170 512-479-1101
Ferrell/Mahoney
512-476-7832
#69338
Crouch/Ponti J. Tompkins Ruben Robles (Texaco) Larry Hicks
214-922-4177 713-355-7600 915-544-1288 587-8401
#69338
