Document 1Qx92R93jRg16QBJM24ZdZOdj

NO. 99-06955-C KIMBERLY MORGAN BRAACK, Individually and as Personal Representative of the Heirs and Estate of MARY VIRGINIA MORGAN, Deceased Plaintiffs, vs. HNA HOLDINGS, INC. (f/k/a HOECHST CELANESE CORPORATION), et al., ""Defendants. IN THE DISTRICT COURT DALLAS COUNTY, TEXAS C-68TH JUDICIAL DISTRICT DEFENDANTS CNA HOLDINGS, INC. AND CELANESE LTD.'S RESPONSE TO PLAINTIFF'S REQUEST FOR RULE 194 DISCLOSURES In accordance with Rule 194 of the Texas Rules of Civil Procedure, and in response to Plaintiffs Request for Disclosures, Defendants CNA Holdings, Inc. and Celanese Ltd. ("Celanese") provide the following information: (a) The correct names of the parties to the lawsuit: Celanese Ltd. and CNA Holdings, Inc. are the correct names of these defendants. (b) The name, address, and telephone number of any potential parties: At this stage of the suit, Celanese has insufficient information to know if all proper parties are joined. (c) The legal theories and, in general, the factual bases of the responding party's claims or defenses: On the basis of the limited information and vague allegations contained in Plaintiffs Petition, Celanese believes the following affirmative defenses do or may apply to this case: The sole proximate cause of Plaintiffs decedent's and Plaintiffs alleged injuries or damages were the acts or omissions of other parties or persons over whom Celanese had no control and for whom Celanese is not legally responsible. No act or omission on the part of Celanese either caused or CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 1 74223.1 contributed to Plaintiffs decedent's and Plaintiffs alleged injuries or damages. Further, Celanese owed Plaintiff no duty, legal or otherwise, and is therefore not liable to Plaintiff for any alleged breach of any alleged duty. As to any injuries or damages Plaintiff alleges to have incurred, Plaintiffs decedent voluntarily and knowingly assumed the risk of incurring any of the injuries or damages alleged. Additionally, plaintiffs decedent failed to exercise ordinary care for her own safety, and such failure on her part proximately caused any injuries or damages alleged. Plaintiffs claims against Celanese are barred by the applicable statute of limitations and the doctrines of laches and waiver. (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: Please refer to the Persons with Knowledge List attached hereto as Exhibit A. (f) For any testifying expert: 1) the expert's name, address, and telephone number; 2) the subject matter 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: 1. J. LeRoy Balzer, Ph.D., 408 Horse Trail Court, Alamo, California 94507; (925) 274-0826. Dr. Balzer has a Bachelor of Science degree in Public Health Microbiology and a Master of Science degree in Preventive Medicine/Public Health, which were awarded by the University of California at Los Angeles in 1962 and 1963, respectively. He earned a Doctor of Philosophy degree in Environmental Health Science/Industrial Hygiene from the University of California at Berkeley in 1971. From 1966 to 1971, he was employed by the University of California School of Public Health as a - -research associate and research fellow. In 1966, he became involved in a coordinated research program of occupational medicine, industrial hygiene and education of insulation contractors. This intense study of the construction industry was sponsored through grants from the United States Public Health Service and involved observing the work environment of individuals working with asbestoscontaining insulation and related products. CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 2 74223.1 Dr. Balzer worked as a certified industrial hygienist from 1973 until 1987 when he became an Assistant Vice Chancellor at the University of California at San Francisco. He retired in 1994 and became a full-time consulting industrial hygienist and was appointed an Assistant Clinical Professor, School of Medicine, University of California Health Sciences. He is a member of the ACGIH (affiliate), AIHA and other professional organizations reflected on Dr. Balzer's curriculum vitae, which has already been provided to Baron & Budd in connection with the May and Dolezal cases. Dr. Balzer may testify at trial of this case live or by deposition. Dr. Balzer has other personal knowledge of relevant facts based on his field work involving the use of asbestos-containing products and the surrounding occupational environment, but he also possesses general expertise in his field based upon specialized knowledge, skills and training. Dr. Balzer may offer opinions in this case about the general nature of the working environment in industrial locations such as where plaintiff worked, to include testimony regarding the composition and asbestos contSht, if any, of products used in such environments and the ability of such products to release asbestos fiber under certain conditions. Dr. Balzer may provide testimony on the availability of materials as substitutes for asbestos-containing products. Dr. Balzer will testify regarding an individual's exposure to asbestos from different media, to include circumstances and occupational settings that may result in direct exposure from persons having contact with asbestos- containing products or equipment, circumstances that may result in lower indirect or bystander exposures for others in the working environment. His testimony will be based, in part, on the results of testing which he has performed or reviewed for products which are the same or substantially similar to those which are anticipated to be discussed in this case. Dr. Balzer will also testify about industrial hygiene principfes and methodologies used to determine potential hazards related to asbestos exposure, and how those principles and methodologies have changed over time. Additionally, Dr. Balzer, based on personal knowledge and a review of medical, scientific and/or technical literature, will provide historical state-of-the-art testimony on the gradual development of knowledge within industry and within the field of industrial hygiene about asbestos exposure levels and suitable control measures. Dr. Balzer will address the evolution of workplace practices available to control exposures to include historical development of the use of respiratory protection in association with the handling of asbestos-containing products. Finally, Dr. Balzerwill testify regarding the development over time of governmental standards and regulations pertaining to asbestos, to include the historical evolution of threshold limit values and permissible exposure levels to asbestos developed by professional organizations and government agencies. 2. Lawrence R. Birkner, CIH, CSP, McIntyre, Birkner & Associates, Inc., 2026 El Monte Drive, Thousand Oaks, California 91362-1822; (805) 494-8173. Mr. Birkner is a certified industrial hygienist and certified safety professional. He received a Bachelor of Science degree from Portland State University in 1973 and a Masters Degree in Occupational Safety and Health at New York University in 1975. CNA Holdings, Inc. and Celaneso Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 3 74223.1 Between 1974 -1976, Mr. Birkner worked closely with Dr. Irvin Selikoff and others at Mount Sinai while employed as a safety and health research specialist at Environmental Sciences Laboratory in New York. From 1976 through 1996, Mr. Birkner worked extensively as a practicing industrial hygienist in American industry; in the course of that employment, Mr. Birkner worked as a corporate industrial hygienist for Celanese Corporation between 1977 -1981. Mr. Birkner is a fellow of the AIHA and a member of the other professional industrial hygiene organizations reflected on Mr. Birkneris curriculum vitae, which has already been provided to Baron & Budd in connection with the May and Dolezal cases. Mr. Birkner will provide testimony regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger diseases associated with dust exposure, good housekeeping measures, and other related matters. He is prepared to testify about respirator history, what constitutes good hygiene practice, and the periods of time from an industrial hygiene standpoint when people and compITnies became aware of associated health risks. Mr. Birkner may give testimony regarding the level of fiber release, if any, from asbestos-containing products in the occupational setting and may testify regarding the availability of materials as substitutes for asbestos-containing products. He may testify as to issues involving re-entrainment and fiber drift. Mr. Birkner may also testify regarding work practices applicable to various types of occupations using products that contain asbestos, and he will provide a retrospective assessment or estimate of plaintiffs likely exposure to asbestos in a Celanese work environment based on historical literature and the facts available in this case. Mr. Birkner has personal knowledge of relevant facts, but he also possesses generalized expertise in his field based on his specialized knowledge, skills and training. He may provide testimony regarding the applicability of the ACGIH, OSHA and EPA guidelines as they relate to occupational exposures to various types of asbestos-containing products. Mr. Birkner may testify regarding the size, construction, layout and working environment of facilities such as where plaintiff worked. He may testify about the nature of the working environment in such locations. He may testify about his knowledge of the composition and asbestos content, if any, of products present in the plaintiffs workplace and may testify concerning the ability of such products to emit asbestos fibers under certain conditions. Mr. Birkner may testify to the dust levels produced by particular occupational operations and products, to include those associated with the use of pipe and block insulation. Mr. Birkner may testify about the development of literature and information about asbestos-related diseases as they relate to the gradual development of knowledge within industry and within the field of industrial hygiene about asbestos exposure and appropriate control measures. He will address the evolution of workplace practices available to control exposures, to include the historical development of the use of respiratory protection in association with the handling of asbestos-containing products. Mr. Birkner will testify regarding the development over time of governmental standards and regulations pertaining to asbestos, to include the CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 4 74223.1 historical evolution of permissible exposure levels to asbestos developed by professional organizations and government agencies. He will discuss his own research into asbestos-related diseases as they relate to industrial hygiene, the carcinogenicity of various fiber types as they relate to industrial hygiene, and the relationship, if any, between asbestos and various diseases. Mr. Birkner will provide testimony regarding the epidemiology of asbestos-related diseases, latency, state-ofthe-art, and other related matters as they impact industrial hygiene. Based on the above evidence developed in this case, Mr. Birkner will testify that the plaintiff at issue had little or no opportunity for any harmful exposure to asbestos while working at a Celanese facility because of the nature of plaintiffs occupation and particular working environment, and he will also testify that Celanese's approach to the handling and control of any asbestos-containing materials on its premises were reasonable in light of available information and industrial hygiene practices at different points of time. He may also testify as to any matter raised by experts called by plaintiff or any co-defendants in this action. 3. James D. Crapo, M.D., National Jewish Medical and Research Center, 1400 Jackson Street, Denver, Colorado 80206; (303) 398-1436. Dr. Crapo received a Bachelor of Science degree from Brigham Young University in 1967 and his medical degree from the University of Rochester New York in 1971. He taught medicine for many years at Duke University in Durham, North Carolina. Dr. Crapo is board certified in internal medicine with a subspecialty certification in pulmonary disease. He presently practices medicine at the National Jewish Medical Center in Denver, Colorado and teaches today at the University of Colorado Health Science Center. Dr. Crapo is a fellow of the American Thoracic Society, the American College of Chest Physicians and other professional organizations reflected on Dr. Crapo's curriculum vitae, which has already been provided to Baron & Budd in connection with the May and Dolezal cases. Dr. Crapo may testify live or by deposition at trial in this matter. Dr. Crapo is expected to testify about the pulmonary aspects of asbestos exposure, including matters such as dose response, pathogenicity, carcinogenicity and the potential for asbestos-related disease as a result of exposure to the different types of fiber. Dr. Crapo is also expected to testify as to general medical issues and physiology. Dr. Crapo's testimony is based in part on the personal knowledge of relevant facts, but he also possesses general expertise is his field based upon specialized knowledge, skills and training. Dr. Crapo is expected to testify about alleged occupational exposure - as described by plaintiff and plaintiffs witnesses - and whether such exposure occurred for a sufficient period of time and in a sufficient dose to be of medical consequence, and whether such exposure could be considered a substantial contributing factor to plaintiffs alleged disease. In connection with this, based on his own experience and a review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, Dr. Crapo will provide historical state-of-the-art testimony on the CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 5 74223.1 gradual development of knowledge within the medical profession of the asbestosrelated illnesses. Dr. Crapo may provide testimony regarding the reasonableness of Celanese's usage and control of asbestos at its premises from a medical standpoint based on the developing state of medical knowledge concerning asbestos over time. Dr. Crapo is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Crapo is expected to testify as to the information necessary to determine whether a group of people or persons are at risk for contracting an asbestos-related disease and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Crapo is expected to discuss epidemiological analysis of asbestos-related disease in the context of given levels of exposure, and to discuss how such analysis may be applied to the evidence regarding the plaintiff in this case. Finally, Dr. Crapo may testify regarding plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Crapo may also testify regarding the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Crapo may also testify about any matter raised by experts called by plaintiff or any co-defendant, to include but not limited to plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. 4. Dorsett D. Smith, M.D., 4310 Colby Avenue, Suite 201, Everett, Washington 98203; (425) 259-5171. Dr. Smith received his Bachelor of Arts degree from Colgate University in 1959 and his medical degree from the University of Pennsylvania Medical School in 1963. Dr. Smith is board certified in internal medicine with a subspecialty certification in pulmonary disease. Dr. Smith has taught medicine at Johns Hopkins Hospital and the University of Washington Hospital for many years through the present. Dr. Smith is a NIOSH certified "B" reader and is fellow of the American Thoracic Society, the American College of Chest Physicians, the American College of Occupational and Environmental Medicine and other professional organizations reflected on Dr. Smith's curriculum vitae, which has already been provided to Baron & Budd in connection with the May and Dolezal cases. Dr. Smith will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various asbestos fiber types, the potential for asbestos-related disease as a result of exposures to the different types of fibers and the relationship, if any, between asbestos and various illnesses. Dr. Smith will also testify regarding the general pulmonary aspects of asbestos exposure, including matters such as dose response, latency and the required fiber burden associated with asbestos-related illnesses. Dr. Smith is expected to testify about alleged occupational exposure - as described by plaintiff and plaintiffs CNA Holdings, Inc. and Celaneso Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 6 74223.1 witnesses - and whether, based on his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, whether any exposure at a facility owned or operated by Celanese could be considered a substantial contributing factor to plaintiffs alleged disease. Dr. Smith has personal knowledge of certain relevant facts but also possesses general expertise in his field based upon specialized knowledge, skills and training. Based upon his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, Dr. Smith will provide historical state-of-the-art testimony on the gradual development of knowledge within the medical profession about the various diseases associated with asbestos and about the asbestos exposure levels thought to be associated with each disease. Dr. Smith will testify regarding the reasonableness of Celanese's historical usage and control of asbestos in its workplace from a medical standpoint based on the information available in the general medical literature and on the types of preventative measures considered by the general medical community as appropriate in the different decades from 1900 through the present. Dr. Smith is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Smith is expected to testify as to the information necessary to determine whether a group of people are at risk of contracting a particular asbestosrelated disease, and whether it is scientifically possible to attribute a disease to a particular exposure. Dr. Smith is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the evidence in this case and to the plaintiff. Dr. Smith may testify regarding plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Smith is also expected to testify about any matter raised by experts called by plaintiff or any co-defendant, including but not limited to plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. 5. Mark R. Stenzel, CIH, P.O. Box 850235, Richardson, Texas 75085-0235; (972) 404-3207. Mr. Stenzel is a practicing certified industrial hygienist. He holds a Bachelor of Science degree in mathematics and chemistry and a Master of Science degree in physical chemistry, which he received from the University of Illinois in 1975. In 1973, Mr. Stenzel was hired by Celanese Chemical Company and worked as a lab chemist/health chemist at its Pampa plant, where he performed industrial hygienist duties to include air monitoring. He became a certified industrial hygienist for Celanese. In that capacity, he had direct contact with each plant in the company and CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 7 74223.1 was the hygiene personnel at the plant, company and corporate levels. In 1983, Mr. Stenzel became Manager of Industrial Hygiene for Celanese and held that position through 1992. Since 1992, he has been otherwise employed in industry as an industrial hygienist. Mr. Stenzel is a member of the AIHA, the American Academy of Industrial Hygienists and other professional organizations reflected on Mr. Stenzel's curriculum vitae, which has already been provided to Baron & Budd in connection with the May and Dolezal cases. Mr. Stenzel may testify at trial live or by deposition. Most of Mr. Stenzel's testimony will be factual in nature and will address the development of Celanese's industrial hygiene and environmental, safety and health programs from their inception through the 1980s. However, this disclosure is made in an abundance of caution because Mr. Stenzel also possesses general expertise in his field based upon specialized knowledge, skills and training, and some areas of his testimony may be informed by professional judgment and opinion. Mr. Stenzel will address the nature and structure of Celanese's industrial hygiene programs and the industrial hygiene and occupational safety practices adopted at Celanese facilities over time. From a review of company documents and other materials, Mr. Stenzel will testify about air monitoring for asbestos exposure and other workplace substances conducted at Celanese plants and the low exposures/low risk levels indicated by the available monitoring data. From 1977 forward, Mr. Stenzel was intimately involved in the creation and design of Celanese's Health Monitoring System, to include its worker tracking module, health monitoring module and retrospective exposure assessment module. Mr. Stenzel piloted the worker tracking module, health monitoring module and retrospective exposure assessment module. Mr. Stenzel piloted the worker tracking module at the Pampa plant and helped implement all modules at other Celanese facilities between 1978 -1981. Mr. Stenzel will testify that the system was state-ofthe-art at the time and would be considered state-of-the-art today. Based on a review of plant and company documents, Mr. Stenzel will testify about how each module system was implemented throughout the company and at each company plant. Mr. Stenzel will provide testimony regarding the correlation of worker tracking exposure data and retrospective exposure data with the alleged exposure claimed by plaintiff. Based on his assessment of these materials, Mr. Stenzel is expected to testify about alleged occupational exposure - as described by plaintiff and plaintiffs witnesses - and the potential risk for developing an occupational disease associated with that exposure. Finally, Mr. Stenzel may provide testimony regarding mortality studies and similar disease assessments which involved the workforce employed at Celanese's plants. The nature of those studies are referenced in Mr. Stenzel's curriculum vitae, a copy of which is available upon request. CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 8 74223.1 6. Ernest M. Dixon, M.D., Sc.D., 6305 Evermay Drive, McLean, Virginia 22101. Dr. Dixon received his medical degree from the University of Virginia in 1948 and a doctorate in occupational health from the University of Cincinnati in 1957. Dr. Dixon has held various occupational health positions in industry and served as Celanese's corporate medical director from 1966 - 1981. A curriculum vitae is available upon request. Dr. Dixon may testify at trial in this case live or by deposition. Dr. Dixon's anticipated testimony in this matter is expected to be factual in nature and will address the development of Celanese's occupational health, industrial hygiene and environmental program from their inception through the 1980s. Dr. Dixon will provide testimony regarding the nature and structure of those programs and, from his own experience and observations, the occupational health and safety practices adopted at Celanese's facilities over time. Dr. Dixon will testify that Celanese's plants over time were extremely clean, well maintained and safe prerfffses; that Celanese's occupational health and safety programs were well developed and advanced for their time; that the potential for asbestos exposure at each plant over time was extremely low; and that i o worker present at any Celanese plant was considered to be at risk of incurring any asbestos-related illness based on the information reasonably available to the occupational health community during his period of responsibility. Dr. Dixon's testimony will be factual in nature based on personal knowledge in relevant areas. However, Dr. Dixon also possesses general expertise in the fields of medicine and occupational health based on specialized knowledge, skills and training. This disclosure is made in an abundance of caution because certain aspects of Dr. Dixon's anticipated testimony may be said to involve the exercise of professional judgment and/or the expression of professional opinion. 7. Mr. Charles S. Laubly, 2225 North Tucson Boulevard, Tucson, Arizona 85716. Mr. Laubly received a Bachelor of Science degree from Georgia Tech in 1949. Mr. Laubly worked as field industrial hygienist thereafter and was employed as a corporate industrial hygienist by Celanese between 1967 -1979. A curriculum vitae is available upon request. Mr. Laubly may testify at trial in this case live or by deposition. Mr. Laubly's anticipated testimony in this matter is expected to be factual in nature and will address the development of Celanese's industrial hygiene and environmental programs from their inception through the 1980s. Mr. Laubly will provide testimony regarding the nature and structure of those programs and, from his own experience and observations, the industrial hygiene and safety practices adopted at Celanese's facilities over time. Mr. Laubly will testify that Celanese's plants over time were extremely clean, well maintained and safe premises; that Celanese's industrial hygiene and safety programs were well developed and advanced for their times; that the usage of asbestos at Celanese's facilities were CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 9 74223.1 relatively minor and that the potential for asbestos exposure at each plant over time was extremely low; and that no worker present at any Celanese plant was considered to be at risk of incurring any asbestos-related illness based on the information reasonably available to the occupational health community during his period of responsibility. Mr. Laubly's testimony will be factual in nature based on personal knowledge in relevant areas. However, Mr. Laubly also possesses general expertise in the field of industrial hygiene based on education, training and experience. This disclosure is made in an abundance of caution because certain aspects of Mr. Laubly's anticipated testimony may be said to involve the exercise of professional judgment and/or the expression of professional opinion. 8. Herbert J. Kolodner, Ph.D.,P.E., 777 Pebble Beach Drive, Crescent City, California 95331-3634. Dr. Kolodner received a Master's degree in safety from the University of Maryland in 1960 and a doctorate in industrial safety from New York University in 1973. Dr. Kolodner has held various safety positions in industry and served as Celanese's corporate safety director from 1970 - 1984. A curriculum vitae is available upon request. Dr. Kolodner may testify at trial in this case live or by deposition. Dr. Kolodner's anticipated testimony in this matter is expected to be factual in nature and will address the development of Celanese's occupational safety and environmental programs from their inception through the 1980s. Dr. Kolodner will provide testimony regarding the nature and structure of those programs and, from his own experience and observations, the safety practices adopted at Celanese's facilities over time. Dr. Kolodner will testify that Celanese's plants over time were extremely clean, well maintained and safe premises; that Celanese's safety programs were well developed and advanced for their times; that the usage of asbestos at Celanese's facilities were relatively minor and the potential for asbestos exposure at each plant over time was extremely low. Dr. Kolodner's testimony will be factual in nature based on personal knowledge in relevant areas. However, Dr. Kolodner also possesses general expertise in the field of industrial hygiene based on education, training and experience. This disclosure is made in an abundance of caution because certain aspects of Dr. Kolodner's anticipated testimony may be said to involve the exercise of professional judgment and/or the expression of professional opinion. 9. William L. Dyson, PhD., C.I.H., Workplace Hygiene, lie, 1022 Jefferson Road, Greensboro, North Carolina 27140 Dr. Dyson is a certified industrial hygienist. He received a bachelor of science degree from North Carolina State University in 1973, a master's degree in environmental health engineering from Northwestern University in 1971, and received his doctorate in environmental health engineering from Northwestern CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 10 74223.1 University in 1975. From 1967 through 1969, Dr. Dyson worked as a field industrial hygiene engineer for the U.S. Public Health Service providing industrial hygiene services to the public. From 1973 through 1982, Dr. Dyson worked extensively as a practicing industrial hygienist in American industry. Dr. Dyson has worked as a self-employed industrial hygiene consultant from that time through the present. Dr. Dyson is a fellow of the AIHA, a member of the American Academy of Industrial Hygiene, a diplomat of the American Board of Industrial Hygiene, a member of the American Society of Safety Engineers and other professional organizations reflected on the curriculum vitae of Dr. Dyson, which was produced to Baron & Budd in the Vicente Rodriguez case. Dr. Dyson will provide testimony regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger diseases associated with dust exposure, good housekeeping measures, and ether related matters. He is prepared to testify about respirator history, what constitutes good hygiene practice, and the peridBs of time from an industrial hygiene standpoint when people and companies became aware of associated health risks. Dr. Dyson may give testimony regarding the level of fiber release, if any, from asbestos-containing products in the occupational setting and may testify regarding the availability of materials as substitutes for asbestos-containing products. He may testify as to issues involving re-entrainment and fiber drift. Dr. Dyson may also testify regarding work practices applicable to various types of occupations using products that contain asbestos, and he will provide a retrospective assessment or estimate of plaintiffs likely exposure to asbestos in a Celanese work environment based on historical literature and the facts available in this case. Dr. Dyson has personal knowledge of relevant facts, but he also possesses generalized expertise in his field based on his specialized knowledge, skills and training. He may provide testimony regarding the applicability of the ACGIH, OSHA and EPA guidelines as they relate to occupational exposures to various types of asbestos-containing products. Dr. Dyson may testify regarding the size, construction, layout and working environment of facilities such as where plaintiff worked. He may testify about the nature of the working environment in such locations. He may testify about his knowledge of the composition and asbestos content, if any, of products present in the plaintiffs workplace and may testify concerning the ability of such products to emit asbestos fibers under certain conditions. Dr. Dyson may testify to the dust levels produced by particular occupational operations and products, to include those associated with the use of pipe and block insulation. Dr. Dyson may testify about the development of literature and information about asbestos-related diseases as they relate to the gradual development of knowledge within industry and within the field of industrial hygiene about asbestos exposure and appropriate control measures. He will address the evolution of workplace practices available to control exposures, to include the historical development of the use of respiratory protection in association with the handling of asbestos-containing products. Dr. Dyson will testify regarding the development overtime of governmental CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 11 74223.1 standards and regulations pertaining to asbestos, to include the historical evolution of permissible exposure levels to asbestos developed by professional organizations and government agencies. He will discuss his own research into asbestos-related diseases as they relate to industrial hygiene, the carcinogenicity of various fiber types as they relate to industrial hygiene, and the relationship, if any, between asbestos and various diseases. Dr. Dyson will provide testimony regarding the epidemiology of asbestos-related diseases, latency, state-of-the-art, and other related matters as they impact industrial hygiene. Based on the above evidence developed in this case, Dr. Dyson will testify that the plaintiff at issue had little or no opportunity for any harmful exposure to asbestos while working at a Celanese facility because of the nature of plaintiff's occupation and particular working environment, and he will also testify that Celanese's approach to the handling and control of any asbestos-containing materials on its premises were reasonable in light of available information and industrial hygiene practices at different points of time. He may also testify as to any matter raised by experts called by plaintiff or any co-defendants in this action. 10. William G. Hughson, M.D., PhD., Center for Occupational and Environmental Medicine, UCSD Medical Center, 200 West Arbor Drive, San Diego, California 92103-8800 Dr. Hughson received his bachelor of science degree from the University of Calgary in 1970 and his medical degree from that same institution in 1973. He received his doctorate in epidemiology from Oxford University in 1977. Dr. Hughson is board certified in internal medicine with subspecialty certifications in pulmonary medicine and occupational medicine. Dr. Hughson has taught medicine at the University of California, San Diego for many years through the present. Dr. Hughson is a fellow of the American Thoracic Society, The American College of Chest Physicians, The American College of Occupational and Environmental Medicine and other professional organizations reflected on Dr. Hughson's curriculum vitae, which was produced to Baron & Budd in the Vicente Rodriguez case. Dr. Hughson will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various asbestos fiber types, the potential for asbestos-related disease as a result of exposures to the different types of fibers and the relationship, if any, between asbestos and various illnesses. Dr. Hughson will also testify regarding the general pulmonary aspects of asbestos exposure, including matters such as dose response, latency and the required fiber burden associated with asbestos-related illnesses. Dr. Hughson is expected to testify about alleged occupational exposure - as described by plaintiff and plaintiff's witnesses - and whether, based on his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, whether any exposure at a facility owned or operated by Celanese could be considered a substantial contributing factor to plaintiffs alleged disease. Dr. Hughson has personal knowledge of certain relevant facts but also possesses CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 12 74223.1 general expertise in his field based upon specialized knowledge, skills and training. Based upon his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, Dr. Hughson will provide historical state-of-the-art testimony on the gradual development of knowledge within the medical profession about the various diseases associated with asbestos and about the asbestos exposure levels thought to be associated with each disease. Dr. Hughson will testify regarding the reasonableness of Celanese's historical usage and control of asbestos in its workplace from a medical standpoint based on the information available in the general medical literature and on the types of preventative measures considered by the general medical community as appropriate in the different decades from 1900 through the present. Dr. Hughson is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Hughson is expected to testify as to the information necessary to determine whether a group of people are at risk of contracting a particular asbestosrelated disease, and whether it is scientifically possible to attribute a disease to a particular exposure. Dr. Hughson is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the evidence in this case and to the plaintiff. Dr. Hughson may testify regarding plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Hughson is also expected to testify about any matter raised by experts called by plaintiff or any co-defendant, including but not limited to plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. 11. Peter J. Barrett, M.D., 300 Boylston Street, Suite 714, Boston, Massachusetts 02116-3923 Dr. Barrett received his bachelor of arts degree from the College of The Holy Cross in 1964 and his medical degree from Tufts University School of Medicine in 1968. Dr. Barrett is board certified in diagnostic radiology and nuclear medicine. Dr. Barrett has taught radiology at Harvard University and at other institutions over the years. He is a NIOSH certified "B" reader and is a fellow of the American Thoracic Society, the American College of Chest Physicians, the American College of Radiology and other professional organizations reflected on Dr. Barrett's curriculum vitae, which was produced to Baron & Budd in the Vicente Rodriguez case. Dr. Barrett is expected to testify generally about radiologic concepts and evaluation and their relation to the diagnosis of pulmonary diseases. He will testify specifically regarding his evaluation of x-rays and CT scans in the diagnosis of occupational pneumoconiosis. It is anticipated that Dr. Barrett will testify generally as to his interpretation of the plaintiffs chest images, the presence or absence of any CNA Holdings, Inc. and Calanese Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 13 74223.1 asbestos-related condition as evidenced by those films, and the presence of other abnormalities or conditions unrelated to any exposure to asbestos. In addition, Dr. Barrett is expected to testify generally about the pulmonary affects of asbestos exposure including matters such as dose response, pathogenicity, carcinogenicity and the potential for asbestos-related disease as a result of exposure to the different types of fibers. Dr. Barrett may testify regarding plaintiffs general medical condition, cigarette smoking history and lung disease, and generally about the pulmonary system and its functions as well as the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Barrett is also expected to testify about any matter raised by experts called by plaintiff or any co-defendant, including but not limited to plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. In that sense, his testimony may be dependent upon the prior testimony of other experts and cannot be specifically predicted. Dr. Barrett may testify live at trial or by deposition transcript. 12. Russell A. Harley, Jr., M.D., Medical College of South Carolina, Department of Pathology & Laboratory Avenue, Charleston, South Carolina 29425-5836 Dr. Harley received his bachelor of arts degree from Newberry College in 1960 and his medical degree from the Medical College of South Carolina in 1965. Dr. Harley is board certified in pathology. Dr. Harley has taught medicine at the Medical College of South Carolina for many years through the present. Dr. Harley is a fellow of the College of American Pathologists, the American College of Chest Physicians, the American Thoracic Society and other professional organizations reflected on his curriculum vitae, which is available upon request. Dr. Harley is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system and the proper functioning of the lung. Dr. Harley is expected to describe and distinguish various types of asbestos fibers, to describe the things which effect the ability of asbestos fibers to impact various structures within the respiratory system, and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. Dr. Harley will also define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that are attributable in some persons due to long-term inhalation and retention of some forms of asbestos fiber. Dr. Harley is further expected to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of various malignancies in some persons, and will testify concerning the results of his own experience, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidents of various forms of cancer. Dr. Harley is also expected to CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 14 74223.1 offer testimony concerning the effects of inhaled tobacco smoke and other environmental stressors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and how the effects of inhaled tobacco smoke and other environmental factors can affect the results of certain epidemiologic studies. Dr. Harley is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual without reference to that specific person's individual work history; medical history; findings on physical examination and pathologic examination of tissue, if any; information concerning the individual's use of protective equipment; specific types of asbestos-containing products used and/or handled; resolution of questions regarding exposures to substances other than asbestos-containing products; and other known etiologies for whatever conditions are found to exist. Dr. Harley may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological affect of asbestos on the lungs. In that regard, Dr. Harley may testify as to his findings and diagnosis after examination and analysis of tissue, slides or other pathologic materials, medical records, reports, chest images and plaintiffs work history. He may give testimony concerning his review of any report purported to be diagnostic of any oncological condition and the methods of and procedures for conducting fiber counts. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse and other malignancies from which they must be differentiated, the appropriate protocols for diagnosis of those conditions, prognosis and information relating to the known causes of those malignancies. He may testify concerning medical and scientific literature relevant to any malignancy purported to be asbestos-related and any other malignancy from which it must be distinguished, including data relevant to contents of increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and considerations relating to medical monitoring. His testimony may include discussion of any relevant epidemiology, anatomy and physiology. Finally, it is expected that Dr. Harley's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. Dr. Harley may testify live at trial or by deposition transcript. 13. John E. Craighead, M.D., Department of Pathology, University of Vermont, Burlington, Vermont 05405 Dr. Craighead received his bachelor of science degree from the University of Utah in 1952 and his medical degree from the same institution in 1956. Dr. Craighead is board certified in anatomic pathology and clinical pathology. He has taught medicine at the University of Vermont College of Medicine for many years through the present. CNA Holdings, Inc. and Celanesa Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 15 74223.1 Dr. Craighead is a member of the International Academy of pathology, the American Thoracic Society, the Academy of Pathology, the American Association for Cancer Research and other professional organizations reflected on his curriculum vitae, which is available upon request. Dr. Craighead is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system and the proper functioning of the lung. Dr. Craighead is expected to describe and distinguish various types of asbestos fibers, to describe the things which effect the ability of asbestos fibers to impact various structures within the respiratory system, and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. Dr. CT&ighead will also define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that are attributable in some persons due to long-term inhalation and retention of some forms of asbestos fiber. Dr. Craighead is further expected to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of various malignancies in some persons, and will testify concerning the results of his own experience, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidents of various forms of cancer. Dr. Craighead is also expected to offer testimony concerning the effects of inhaled tobacco smoke and other environmental stressors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and how the effects of inhaled tobacco smoke and other environmental factors can affect the results of certain epidemiologic studies. Dr. Craighead is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual without reference to that specific person's individual work history; medical history; findings on physical examination and pathologic examination of tissue, if any; information concerning the individual's use of protective equipment; specific types of asbestos-containing products used and/or handled; resolution of questions regarding exposures to substances other than asbestos-containing products; and other known etiologies for whatever conditions are found to exist. Dr. Craighead may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological affect of asbestos on the lungs. In that regard, Dr. Craighead may testify as to his findings and diagnosis after examination and analysis of tissue, slides or other pathologic materials, medical records, reports, chest images and plaintiffs work history. He may give testimony concerning his review of any report purported to be diagnostic of any oncological CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 16 74223.1 condition and the methods of and procedures for conducting fiber counts. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse and other malignancies from which they must be differentiated, the appropriate protocols for diagnosis of those conditions, prognosis and information relating to the known causes of those malignancies. He may testify concerning medical and scientific literature relevant to any malignancy purported to be asbestos-related and any other malignancy from which it must be distinguished, including data relevant to contents of increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and considerations relating to medical monitoring. His testimony may include discussion of any relevant epidemiology, anatomy and physiology. Finally, it is expected that Dr. Craighead's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs experts, and in that sense his testimony is dependent upon the prior testimony of sucKexperts and cannot be specifically predicted. Dr. Craighead may testify live at trial or by deposition transcript. 14. Victor L. Roggli, M.D., Department of Pathology, Duke University Medical Center, Room M243, Orwin Road, Durham, North Carolina 27710 Dr. Roggli received his bachelor of arts degree from Rice University in 1973 and his medical degree from Baylor College of Medicine in 1976. Dr. Roggli is a board certified pathologist. He has taught medicine at Duke University Medical Center for many years through the present. Dr. Roggli is a member of the International Association of Pathologists, the College of American Pathologists, the American College of Chest Physicians, the American Thoracic Society, the American Board of Forensic Examiners, the United States/Canadian Mesothelioma Panel and other professional organizations reflected on his curriculum vitae, which is available upon request. Dr. Roggli is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning of the lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system and the proper functioning of the lung. Dr. Roggli is expected to describe and distinguish various types of asbestos fibers, to describe the things which effect the ability of asbestos fibers to impact various structures within the respiratory system, and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. Dr. Roggli will also define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that are attributable in some persons due to long-term inhalation and retention of some forms of asbestos fiber. Dr. Roggli is further expected to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of various malignancies in some persons, and will testify concerning the CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 17 74223.1 results of his own experience, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidents of various forms of cancer to include colon cancer. Dr. Roggli is also expected to offer testimony concerning the effects of inhaled tobacco smoke and other environmental stressors on the occurrence of disease in populations who are also alleged to be exposed to asbestos-containing products, and how the effects of inhaled tobacco smoke and other environmental factors can affect the results of certain epidemiologic studies. Dr. Roggli is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual without reference to that specific person's individual work history; medical history; findings on physical examination and pathologic examination of tissue, if any; information concerning the individual's use of protective equipment; specific types of asbestos-containing products used and/or handled; resolution of questions regarding exposures to substances other than asbestos-containing products; and other known etiologies for whatever conditions are found to exist. Dr. Roggli may testify as to the general medical aspects of the diagnosis and treatment of asbestos-related disease and the pathological affect of asbestos on the lungs. In that regard, Dr. Roggli may testify as to his findings and diagnosis after examination and analysis of tissue, slides or other pathologic materials, medical records, reports, chest images and plaintiffs work history. He may give testimony concerning his review of any report purported to be diagnostic of any oncological condition and the methods of and procedures for conducting fiber counts. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse and other malignancies from which they must be differentiated, the appropriate protocols for diagnosis of those conditions, prognosis and information relating to the known causes of those malignancies. He may testify concerning medical and scientific literature relevant to any malignancy purported to be asbestos-related and any other malignancy from which it must be distinguished, including data relevant to contents of increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and considerations relating to medical monitoring. His testimony may include discussion of any relevant epidemiology, anatomy and physiology. Finally, it is expected that Dr. Roggli's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs experts, and in that sense his testimony is dependent upon the prior testimony of such experts and cannot be specifically predicted. Dr. Roggli may testify live at trial or by deposition transcript. 15. Subject to the right to object to and contest qualifications and admissibility as provided in the Texas Rules of Evidence 702 through 705 and the law of this state, Defendant cross-designates plaintiffs expert witnesses as follows: CNA Holdings, Inc. and Calanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 18 74223.1 a) Those expert witnesses designated by plaintiff in Plaintiffs Disclosures Pursuant to Texas Rule of Civil Procedure 194 filed on November 4, 1999. b) Those expert witnesses designated by plaintiff in Plaintiffs' Supplemental Answers to All Defendants' Interrogatories (Wellington Defendants), (The Center for Claims Resolution Defendants) and (Master Discovery Requests) / (Expert and Fact Witnesses) and Supplemental Disclosures Pursuant to Texas Rule of Civil Procedure filed on June 14, 2001 Subject to the right to object to and contest qualifications and admissibility as provided in the Texas Rules of Evidence 702 through 705 and the laws of this state, Defendant designates the following treating physicians of plaintiffs decedent: "a) Physicians at VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 b) Dr. Sam Hammar Diagnostic Specialties Laboratory 700 Lebo Boulevard P.O. Box 2171 Bremerton, Washington 98310 (206) 479-7707 c) Dr. David Fosdick 8230 Walnut Hill Lane Dallas, Texas 75231 (214) 692-6135 d) Dr. Sherron R. Helms 8230 Walnut Hill Lane Building 3, Suite 320 Dallas, Texas 75231 or 2065 Adelbert Road Cleveland, Ohio 44106 (214) 739-4175 e) Dr. Wyatt E. Rousseau 5429 Glen Lakes Drive Dallas, Texas 75231 (214) 345-7280 f) Dr. Beverly Dickson CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 19 74223.1 8200 Walnut Hill Lane Dallas, Texas 75231 (214) 345-7280 g) Dr. Rosemary Bates 8200 Walnut Hill Lane Dallas, Texas 75231 (214) 345-7280 h) Dr. R. T. Miller 267 Elmbrook Drive, Suite 100 Dallas, Texas 75247 (214) 638-2000 i) Dr. Raymond Laycock Box 182 Pampa, Texas 79065 j) Unknown Physician Denver, Colorado k) Dr. Rouchleau Breckenridge, Colorado l) Dr. Russell Bryan Boatwright 4401 North Interstate 35 Denton, Texas 76207 m) Dr. James Hakert 8220 Walnut Hill Lane Dallas, Texas 75231 n) Dr. Brian A. Feagins 8210 Walnut Hill Lane Dallas, Texas 75231 o) Dr. James Holman 8210 Walnut Hill Lane, #818 Dallas, Texas 75231 p) Dr. Jeff Goudreau 4308 Westway Avenue Dallas, Texas 75205 q) Dr. Maureen Wooten 9400 North Central Expressway Dallas, Texas 75231 CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 20 74223.1 r) Dr. John J. Costanzi 11044 Research Boulevard Austin, Texas 78759 s) Physicians at Columbia Panhandle Regional Medical Center One Medical Plaza Pampa, Texas 79065 t) Physicians at Fairplay Hospital Fairplay, Colorado u) Physicians at Denton Regional Medical Center 4405 North Interstate 35 Denton, Texas 76207 v) Physicians at Presbyterian Hospital of Dallas -- 8200 Walnut Hill Lane Dallas, Texas 75231-4402 16. Defendants further cross-designate any and all experts designated by other defendants in this action. Defendants reserve the right to amend or supplement this disclosure pursuant to Rule 193.5 of the Texas Rules of Civil Procedure. Defendants further reserve the right to call undesignated expert witnesses in rebuttal, whose identities and testimony cannot reasonably be foreseen until plaintiffs named experts provide written reports in this case and/or have presented testimony and evidence at trial. (h) Any discoverable indemnity and insuring agreements: Celanese is investigating to determine whether any such agreements exist. Celanese reserves the right to supplement. (i) Any discoverable witness statements: None. (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: Celanese is in possession of various medical employment records of plaintiffs decedent by virtue of authorizations furnished by her. Please see the list of those records below. Because the records are voluminous, they are not being produced herewith. The records are available, however, for inspection and copying during regular business hours at the offices of Kasowitz, Benson, CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 21 74223.1 Torres & Friedman LLP, 700 Louisiana, Suite 2200, Houston, Texas 77002. 1. Denton Regional Medical Center 2. Thompson Aerospace 3. Pro Path 4. Dr. James Holman 5. Dr. Scott Brown 6. VNA Hospice 7. Columbia Medical Center of Pampa 8. Dr. Jeffrey B. Goudreau 9. Dr. John J. Costanzi 10. Texas Oncology 11. Southwest Pulmonary Associates 12. Presbyterian Hospital of Dallas 13. Neurology Clinic of Dallas 14. Aquent Partners f/k/a Mactemps, Inc. 15. Pampa Regional Medical Center 16. Medallion Medical Group 17. Urology Clinic of North Texas 18. J.C. Penny Corp. 19. Breckenridge Ski Area 20. Ascension Capital 21. Dr. David Fosdick 22. Texas Oncology 23. Medical Surgical Clinic CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiffs Request for Rule 194 Disclosures Page 22 74223.1 24. Career Blazers, Inc. 25. Southeastern Newspaper Corporation 26. Manpower, Inc. 27. Denton State School 28. Picturetel Corporation 29. Chevron Corporation 30. Universities Research Associates, Inc. 31. Ceridian Corporation 32. Shamrock Oil & Gas Corporation Respectfully submitted, KASOWITZ, BENSON, TORRES & FRIEDMAN LLP Angela R. Hoyt State Bar No. 00796783 Scott D. Nelson State Bar No. 24007735 700 Louisiana Street, Suite 2200 Houston, Texas 77002-2730 (713)220-8800 (713) 222-0843 (Facsimile) Michael E. Hutchins 1360 Peachtree Street, N.E., Suite 1150 Atlanta, Georgia 30309 (404) 260-6080 (404) 260-6081 (Facsimile) ATTORNEYS FOR DEFENDANTS CNA HOLDINGS, INC. AND CELANESE LTD. CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 23 74223.1 OF COUNSEL: Marc E. Kasowitz Hector Torres Kasowitz, Benson, Torres & Friedman LLP 1633 Broadway New York, New York 10019 (212) 506-1700 (212) 506-1800 (Facsimile) CERTIFICATE OF SERVICE I certify*that a true and correct copy of the foregoing has been served via United States certified mail, return receipt requested, on counsel for plaintiffs on this day of July, 2001. CNA Holdings, Inc. and Celanese Ltd.'s Response to Plaintiff's Request for Rule 194 Disclosures Page 24 74223.1 EXHIBIT A Kimberly Morgan Braack, et al v. HNA Holdings, et al In the C-68* Judicial District of Dallas County, Texas; Cause No. 99-06955-C PERSONS WITH KNOWLEDGE Kimberly Morgan Braack PLAINTIFF AND PLAINTIFF'S RELATIVES: Kimberly Lee Morgan Braack 10831 Cromwell Drive Dallas, TexaJ5229 (214) 956-9025 Plaintiff Mary Virginia Morgan, Deceased (Deposition) PLAINTIFF'S FACT WITNESSES: Debbie Bryant 5950 Spring Valley A-201 Dallas, Texas 75240 (972) 239-0618 Nancy Davis 2604 Nottingham Denton, Texas 76201 (817) 387-2126 Linda Raines 46 Highview Denton, Texas 76205 (817) 387-0449 Geri Jones 2222 Meadow Drive Carrollton, Texas 75007 1972X306-2484. . Lori Kohn 6300 Windcrest Parkway #826 Plano, Texas 75024 (972) 378-4280 N.H. Jones 409 North Gray Street Pampa, Texas 79065 (806) 660-9616 Bobby Jones 4919 Yale Street Amarillo, Texas 79109 Phone number unknown William Kidd 1117 Neal Road Pampa, Texas 79065 (806) 669-2630 Dwayne Kuntz 97 Glen Abbey Abiene, Texas 79606 (915) 698-2930 James Edwards 2624 Comanche Pampa, Texas 79065 (806) 665-4148 George Etheredge Route 1, Box 234 Pampa, Texas 79065 (806) 669-7044 EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 1 Braack, et al v. CNA Holdings, et al 64489.2 James Goodwin 2600 Comanche Pampa, Texas 79065 (806) 669-8825 Russell Abbott 441 Graham Street Pampa, Texas 79065 (806) 665-8825 Wilson Parrier 2219 Dogwood Lane Pampa, Texas 79065 (806) 669-3777 Claude TaylSr 628 North Wells Street Pamna, Texas 79065 (906) 665-1377 Don Reed 322 West Foster Pampa, Texas 79065 ' (806)665-3601 Tommy Cole 3700 Garth Road, #313 Baytown, Texas 77521 (281)420-1079 Lawrence Scribner 309 Miami Street Pampa, Texas 79065 (806)669-2418 PLAINTIFFS DECEDENTS MEDICAL PROVIDERS: Dr. Raymond Laycock and/or Custodian of Records and/or Registered Representative Box 182 "Pampa, Texas 79065 Unknown Physician and/or Custodian of Records and/or Registered Representative Denver, Colorado Complete address and phone number unknown Dr. Rouchleau and/or Custodian of Records and/or Registered Representative Breckenridge, Colorado Complete address and phone number unknown Dr. Russell Bryan Boatwright and/or Custodian of Records and/or Registered Representative 4401 North Interstate 35 Denton, Texas 76207 Phone number unknown Dr. James Hakert and/or Custodian of Records and/or Registered Representative 8220 Walnut Hill Lane Dallas, Texas 75231 Phone number unknown Dr. Brian A. Feagins and/or Custodian of Records and/or Registered Representative 8210 Walnut Hill Lane Dallas, Texas 75231 Dr. James Holman and/or Custodian of Records and/or Registered Representative 8210 Walnut Hill Lane, #818 Dallas, Texas 75231 Dr. Jeff Goudreau and/or Custodian of Records and/or Registered Representative 4308 Westway Avenue Dallas, Texas 75205 EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 2 Braack, et al v. CNA Holdings, et al 64489.2 Dr. Maureen Wooten and/or Custodian of Records and/or Registered Representative 9400 North Central Expressway Dallas, Texas 75231 Dr. David A. Fosdick and/or Custodian of Records and/or Registered Representative 8230 Walnut Hill Lane #208 Dallas, Texas 75231 (214) 692-6135 Dr. Sherron R. Helmes and/or Custodian of Records and/or Registered Representative 2065 Adelbert Road Cleveland, Ohio 44106 or 8230 Walnut Hill Lane Building 3, Suite 320 Dallas, Texas 75231 (214) 739-4175 Dr. Rosemary Bates and/or Custodian of Records and/or Registered Representative 8200 Walnut Hill Lane Dallas, Texas 752314402 (214) 345-7280 Dr. Wyatt Rousseau and/or Custodian of Records and/or Registered Representative 8200 Walnut Hill Lane Dallas, Texas 75231-4402 OR 5429 Glen Lakes Drive Dallas, Texas 75231 (214) 363-9388 Dr. John J. Costanzi and/or Custodian of Records and/or Registered Representative 11044 Research Boulevard Austin, Texas 78759 Olivia Randall, R.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Ryanne Hollinsworth, R.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Melissa Graham VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Gail Meyer, L.M.S.W. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Karen Reed, R.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Willie Johnson, L.V.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Paula Allen, R.N. VNA Hospice 1440 West Mockingbird Lane, Sute. 500 Dallas, Texas 75247 (214) 689-0047 VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 3 Braack, et al v. CNA Holdings, at al 64489.2 Helen Sneed, H.H.A. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Rochelle Lewis, L.V.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Doug Reeves, L.V.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Victor Canales, L.V.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Ida Lyons, L.V.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Julia Amize, L.V.N. VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Physicians at VNA Hospice 1440 West Mockingbird Lane, Suite 500 Dallas, Texas 75247 (214) 689-0047 Dr. Sam Hammar and/or Custodian of Records and/or Registered Representative Diagnostic Specialties Laboratory 700 Lebo Boulevard P.O. Box 2171 Bremerton, Washington 98310 (206) 479-7707 Dr. Beverly Dickson and/or Custodian of Records and/or Registered Representative 8200 Walnut Hill Lane Dallas, Texas 75231 (214) 345-7280 Dr. R. T. Miller and/or Custodian of Records and/or Registered Representative 267 Elmbrook Drive, Suite 100 Dallas, Texas 75247 (214) 638-2000 Physicians at Columbia Panhandle Regional Medical Center and/or Custodian of Records and/or Registered Representative One Medical Plaza Pampa, Texas 79065 Phone number unknown Physicians at Fairplay Hospital and/or Custodian of Records and/or Registered Representative Fairplay, Colorado Phone number unknown Physicians at Denton Regional Medical Center and/or Custodian of Records and/or Registered Representative 4405 North Interstate 35 Denton, Texas 76207 Phone number unknown EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 4 Braack, at al v. CNA Holdings, at al 64489.2 Physicians at Presbyterian Hospital of Dallas and/or Custodian of Records and/or Registered Representative 8200 Walnut Hill Lane Dallas, Texas 75231-4402 Phone number unknown PLAINTIFFS DECEDENrS FORMER EMPLOYERS: J.L. Cooper Lota Burger and/or Custodian of Records and/or Designated Representatives 928 S. Barrf&s Pampa, Texas 79065 Phone number unknown Duncan & Duncan Duncan Insurance Agency P.O. Box 777 Pampa, Texas 79066 Phone number unknown Gordon & Gordon P.O. Box 317 Pampa, Texas 79066 Phone number unknown Dunlap Co. Attn: Gerald L. Stallard 200 Greenleaf Fort Worth, Texas 76107-1471 Phone number unknown Hughes Investment Corp. Inc. Hughes Bldg. 411 W. Seventh Forth Worth, Texas 76103 Phone number unknown Roy A. Webb Jr. WEBCO & W.R. Construction Co. 525 West Brown Pampa, Texas 79065 Phone number unknown Hoechst Celanese Corp. Attn: Dept. Tax P.O. Box 2500 Somerville, NJ 08876-1258 Phone number unknown Carousel Fabrics Inc. P.O. Box 248 1 E. 87"' St. New York, NY 10128-0506 Phone number unknown Chevron U.S.A. Inc. 2527 Camino Ramon San Ramon, California 94583-4276 Phone number unknown Harvester Bowl Inc. Box 838 Pampa, Texas 79066 Phone number unknown Shamrock Oil & Gas Corp. Box 631 Amarillo, Texas 79105 Phone number unknown William P. & Teresa J. Moore Moore Lumber Co. Box 248 Bailey, Colorado 80421 Phone number unknown Lebistro Go-Go Inc. 900 S. Clay Street Denver, Colorado 80219 Phone number unknown Moores Restaurant & Lounge Wilma V. Moore Ex. Lakeside Shop Ctr. Lakeside, Colorado 80212 Phone number unknown EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 5 Braack, et al v. CNA Holdings, et al 64489. Dental Foundation of Colorado 9807 E. Aberdeen Ave. Englewood, CO 80111 Phone number unknown BRC Inn, Inc. 339 East Ave. Rochester, New York 14604 Phone number unknown Harvest House Inc. 2300 First National Bank Bldg. Dallas, Texas 75202 Phone number unknown Developmental Disabilities Center 1343 Iris Boulder, Colorado 80304-2226 Phone number unknown Breckenridge Ski Area Box 1058 Breckenridge, Colorado 80424 Phone number unknown Jackson E. Rhode & Mariona Rhode Red Rooster Restaurant 5707 E. Hiway 80 Yuma, Arizona 85365 Phone number unknown Dorothy Meehan Meehans Personality House 4616 Buffalo Tr. Amarillo, Texas 79109 Phone number unknown Safeway Stores Inc. 201 4th St. Oakland, California 94660 Phone number unknown Southwestern Newspapers Corporation P.O. Box 936 Augusta, Georgia 30903-0936 Phone number unknown Howard Johnson, Co. 250 Granite St. Braintree, Massachusetts 02184 Phone number unknown Polk Street Methodist Church 1401 S. Polk Amarillo, Texas 79101-4227 Phone number unknown Denton State School Business Manager Box 368 Denton, Texas 76201 Phone number unknown Ceridian Corporation Mail Stop 8100 34th Ave. S. Minneapolis, MN 55425-1672 Phone number unknown Medical Surgical Clinical Association 560 W. Main Suite 201 Lewisville, Texas 75067 Phone number unknown J.C. Penny Co., Inc. Corporate Tax Dept A2 Tax Department 6501 Legacy Dr. Plano, Texas 75024-3612 Phone number unknown Jackson Concrete Inc. P.O. Drawer 1459 Denison, Texas 75021-1459 Phone number unknown Manpower Inc. & Domestic Subsidiaries P.O. Box 1300 Milwaukee, Wisconsin 53201-1300 Phone number unknown EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 6 Braack, et al v. CNA Holdings, et al 64489.2 Tetra Pak Inc. 333 W. Wacker Drive 15th Floor Chicago, Illinois 60606-1218 Phone number unknown Mactemps Inc. 66 Church Street Cambridge, Massachusetts 02138-3730 Phone number unknown Manpower International Inc. P.O. Box 2053 Milwaukee, Wisconsin 53201-2053 Phone number unknown Norrell Temporary Services Inc. 3535 Piedmont Rd. Atlanta, Georgia 30305-4603 Phone number unknown Personnel One Inc. 770 S. Dixie Hwy. Ste. 200 Coral Gables, Florida 33146-2669 Phone number unknown Thompson Aerospace Inc. 7775 NW 12th St. Miami, Florida 33126-1801 Phone number unknown Ascension Resorts Inc. Ascension Capital Corporation General P.O. Box 358 Dallas, Texas 75221-0358 Phone number unknown Data Assist Inc. 770 S. Dixie Hwy. Ste. 200 Coral Gables, Florida 33146-2669 Phone number unknown Picturetel Corporation 222 Rosewood Dr. Danvers, Massachusetts 09123-4510 Phone number unknown Universities Research Association, Inc. 1111 19th Street NW RM 400 Washington, DC 20036-3603 Phone number unknown PLAINTIFF'S DECEDENT'S CO WORKERS: Jack D. Edwards Address and phone number unknown Jean Schoenhals Address and phone number unknown Bobby Jones 4919 Yale Street Amarillo, Texas (806) 352-1523 Product identification witness Jimmy Jones Address and phone number unknown Rick Jones Address and phone number unknown Nancy Davis Address and phone number unknown N.H. Jones 409 North Gray Street Pampa, Texas 79065 (806) 669-9616 Product identification witness William Kidd 1117 Neal Road Pampa, Texas 79065 (806) 669-2630 Product identification witness Dwayne Kuntz 97 Glen Abbey Abilene, Texas 79606 (915) 698-2930 Product identification witness EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 7 Braack, et al v. CNA Holdings, et al 64489.2 Claude Taylor 628 North Wells Street Pampa, Texas 79065 (906) 665-1377 Product identification witness James Edwards 2624 Comanche Pampa, Texas 79065 (806) 665-4148 Product identification witness George Etheredge Route 1, Box 234 Pampa, Texas 79065 (806) 669-7Q44 Product identification witness James Goodwin 2600 Comanche Pampa, Texas 79065 (806) 669-9526 Product identification witness Russell Abbott 441 Graham Street Pampa, Texas 79065 (806) 665-8825 Product identification witness Wilson Parrier 2219 Dogwood Lane Pampa, Texas 79065 (806) 669-3777 Product identification witness Don Reed 322 West Foster Pampa, Texas 79065 (806) 665-3601 Product identification witness Tommy Cole 3700 Garth Road, #313 Baytown, Texas 77521 (281)420-1079 Product identification witness Lawrence Scribner 309 Miami Street Pampa, Texas 79065 (806)669-2418 Product identification witness PLAINTIFF'S DESIGNATED EXPERTS: All expert witnesses designated by plaintiff in Plaintiffs Disclosures Pursuant to Texas Rule of Civil Procedure 194 filed on November 4, 1999. All expert witnesses designated by plaintiff in Plaintiffs' Supplemental Answers to All Defendants' Interrogatories (Wellington Defendants), (The Center for Claims Resolution Defendants) and (Master Discovery Requests) / (Expert and Fact Witnesses) and Supplemental Disclosures Pursuant to Texas Rule of Civil Procedure filed on June 14, 2001 Dr. Samuel P. Hammar, M.D., F.C.C.P., F.C.A.P. Diagnostic Specialties Laboratory 700 Lebo Boulevard P.O. Box 2171 Bremerton, Washington 98310 (206) 479-7707 DEFENDANTS CNA HOLDINGS. INC. AND CELANESE LTD.'S DESIGNATED EXPERTS: J. LeRoy Balzer, Ph.D. 408 Horse Trail Court Alamo, California 94507 (925) 274-0826 EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 8 Braack, et al v. CNA Holdings, at aI 64489.2 Lawrence R. Birkner, CIH, CSP McIntyre, Birner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, California 91362-1822 (805) 494-8173 James D. Crapo, M.D. National Jewish Medical and Research Center 1400 Jackson Street Denver, Colorado 80206 (303) 398-1436 Dorsett D. Smith, M.D. 4310 Colby Avenue, Suite 201 Everett, Washington 98203 (425) 259-5171 Mark R. Stenzel, CIH P.O. Box 850235 Richardson, Texas 75085-0235 (972) 404-3207 Ernest M. Dixon, M.D., Sc.D. 6305 Evermay Drive McLean, Virginia 22101 Charles S. Laubly 2225 North Tucson Boulevard Tucson, Arizona 85716 Herbert J. Kolodner, Ph.D., P.E. 777 Pebble Beach Drive Crescent City, California 95331-3634 William L. Dyson, PhD., C.I.H. Workplace Hygiene, LLC 1022 Jefferson Road Greensboro, NC 27140 Wiliam G. Hughson, M.D., PhD Center for Occupational & Environmental Medicine UCSD Medical Center 200 West Arbor Drive San Diego, California 92103-8800 Peter Barrett, M.D. 300 Boylston Street, Suite 714 Boston, Massachusetts 02116-3923 Russel A. Harley, Jr., M.D. Medical College of South Carolina Department of Pathology & Laboratory Avenue Charleston, South Carolina 29425-5836 John E. Craighead, M.D. Department of Pathology University of Vermont Burlington, Vermont 05405 Victor L. Roggli, M.D. Department of Pathology Duke Un'versity Medical Center, Room M243 Orwin Road Durham, North Carolina 27710 DEFENDANTS CNA HOLDINGS. INC. AND CELANESE LTD.'S FACT WITNESSES: Ernest M. Dixon, M.D., Sc.D. 6305 Evermay Drive McLean, VA 22010. Charles S. Laubly 225 North Tucson Boulevard Tucson, AZ 85716 Mark R. Stenzel, CIH P.O. Box 850235 Richardson, Texas 75085-0235 Herbert J. Kolodner, Ph.D., P.E. 777 Pebble Beach Drive Crescent City, CA 95331-3634 See Defendants CNA Holdings, Inc. and Celanese Ltd.'s Rule 194 (f) Disclosures for a summary of Messrs. Dixon, Laubly, Stenzel, Kolodner and Whaley's areas of knowledge. EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 9 Braack, et al v. CNA Holdings, et a/ 64489.2 Lawrence R. Birkner, CIH, CSP McIntyre, Birner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, California 91362-1822 See Defendants CNA Holdings, Inc. and Celanese Ltd.'s Rule 194 (f) Disclosures for a summary of Mr. Birkner's areas of knowledge. T. Rodgers Shandley 234 Turpin Drive Lewisville, TX 75077 Knowledge regarding purchase of asbestos-containing materials by Celanese ^nd the plants and the discontinuation thereof Kev:n Lombardozzi P.O. Box 61501 King of Prussia, PA 19406 Emmitt Jenkins 722 Locust Street Pampa, Texas 79605 Pete Rowan 2516 Charles Street Pampa, Texas 79065 T. Jack Davis 1125 Willow Road Pampa, Texas'79065 James Wilson 1222 Emerson Denton, Texas 76201 Sam Gideon, Jr. 8100 East Willow Creek Drive Amarillo, Texas 79108 Roy Edsel Ford 6402 Claremont Drive Amarillo, Texas 79109 D. Hunter Chisum 112 Kendell Circle Florissant, Colorado 80816 Messrs. Lambardozzi, Jenkins, Rowan, Davis, Wilson, Gideon, Ford and Chisum have knowledge regarding asbestosrelated safety and/or industrial hygiene programs and the interface between Celanese and independent contractors and the monitoring of them at Celanese's Pampa Plant. Custodian of Records for Celanese Ltd. Pampa Plant Highway 60 Pampa, Texas 79065 (806) 655-1801 Knowledge regarding authenticity of and foundation for records and documents. EXHIBIT A - PERSONS WITH KNOWLEDGE - Page 10 Braack, et al v. CNA Holdings, at al 64489.2