Document 6BxpwOBJYEk4K82LGZqg4Ggy9

NO. 96-3961 BRUCE D. DAVIS and JAMES R. DAVIS, Individually and at Personal Representatives ofth* Heirs and Estate of FRANKIE GENE DAVIS, Deceased, ! Plaintiffs, VS. OWENS-COKNINC FIBERGLASS CORPORATION, *t at, Defendants. IN THE COUNTY COURT EL PASO COUNTV, TEXAS SOUTHWESTERN BELL TELEPHONE COMPANY'S lIQlD_AM.MDEP^MSPIl3lEJO..PMMTiroiREOIli^TSPORDISCkOJU..M COMES NOW, Defendant Southwestern Bell Telephone Company C'SWBr') and pursuant to TEX. R. CIV, PRO. 193,194, and 195, files these Third Amended Responses to % Plaintiffs' Requests fix Disclosure as follows: (a) the correct names ofthe parties to die lawsuit; ANSWER: Southwestern Bell Telephone Company (b) the name, address, and telephone number ofany potential parties; ANSWER: Based on developing evidence in this case, Plaintiffs perhaps should have sued Mountain States Bell or AT&T. (c) the legal theories and, in general, the factual basis ofthe responding party's claims or defense; Based on discovery conducted to date, SWBT states that it may assert die following legal theories or defenses: SOUTHWESTERN BELL TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO D*au)<n$tf vi. 4UI5,oeoM !) Lack ofmedical causation. SWBT states that until it has had sufficient opportunity to examine and/or evaluate through additional physioian(s) Plaintiffs Decedent's alleged asbestos-related disease, SWBT contends that Decedent's injuries were either not caused by asbestos or caused by asbestos to which he was exposed while not working for the Defendant 2) Lack ofexposure to asbestos while employed by SWBT. Decedent was not exposed to asbestos in sufficient quantities, ifhe was exposed at all, during his employment with SWBT. Decedenfs position as a repair technician caused him to work on customer premises that SWBT had no right or opportunity to control and where he had little or no exposure to asbestos. SWBTs safety practices established for its employees complied with applicable OSHA regulations and any other applicable laws. SWBT acted in accordance with applicable laws, regulations, and safety practices with regard to Mr. Davis and his work for SWBT. SWBT was not grossly negligent and is not otherwise liable to the Plaintiffs. 3) This Defendant is not responsible for the conduct alleged against Mr. Davis' employer between 1956 and 1978. (d) the amount and any method of calculating economic damages; ANSWER; Not applicable to SWBT. (e) the name, address, and telephone number ofpersons having knowledge ofrelevant facts, and a brief statement ofeach identified person's connection with the case; Mmm 1. William J. Edens Southwestern Bell Telephone 2308 Jim Dent Rd. El Paso, Texas 79936 915-591-4630 Mr. Edens, a retired Manager Installation & Repair, worked for SWBT and before that. SOUTHWESTERN BELL TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO ELAlHJEECJllQliESDLEflRjaSCLPSURE - Pme % Dtfud<WSJ v l,4|JJS.tlO*W Mountain States Bell, for 35 years. He will testify regarding the nature ofwork performed by Frankie Davis during Jus career and working conditions at various residential, commercial end industrialjob sites. Additionally, he will testify to work and safely practices employed by the telephone company and premises owners ofvarious commercial arid industrial job sites between 1965 and 1990. Also, he win testify regarding foe layout ofvarious commercial and industrial job sites and identify where a telephone company employee might provide telephone service. Additionally, he will testify regarding Frankie Davis* alleged exposure to and use ofasbestoscontaining products as a telephone company employee. Further, he may testify regarding foe corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other former Bell System entity. See his deposition taken in this case. 2. Jose A Marquez Southwestern Bell Telephone 321 Southwestern El Paso, Texas 79912 915-585-5822 Mr. Marquez, Manager Installation & Repair, has worked for SWBT and before that. Mountain States Bell for 29 years. He will testify regarding the nature ofwork performed by Frankie Davis during his career and working conditions at various residential, commercial and industrial job sites. Additionally, he will testify to work and safety practices employed by foe telephone company and premises owners ofvarious coramerckl and industrialjob sites between 1971 and 1990. Also, he will testify regarding the layout ofvarious commercial and industrialjob sites and identify where a telephone company employee might provide telephone service. Additionally, he will testify regarding Frankie Davis* alleged exposure to and use ofasbestoscontaining products as a telephone company employee. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other former Bdl System entity. He may testify regarding the corporate conduct ofSWBT and any other provider oftelephone services. See his deposition taken in this case. 3. David Garcia Southwestern Bell Telephone 500 Texas Rm. 330 El Paso, Texas 79901 915-521-6640 Mr. Garda, Area Manager Installation & Repair, has worked for SWBT and before that. Mountain States Bell for 24 years. He win testify regarding the nature ofwork performed by Frankie Davis during his career and working conditions at various residential, commercial and industrial job sites. Additionally, he will testify to work and safety practices employed by the telephone company and premises owners ofvarious commercial and industrial job sites between 1976 and 1990. Also, he will testify regarding foe layout ofvarious commercial and industrial job SOUTHWESTERN BELL TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO PLAINTIFFS' REQUESTS TOR HBgLaiBBE - D*XMioonvi,4i}u.wioi sites and identify where a telephone company employee might provide telephone service. Additionally, lie will testify regarding Frankie Davis* alleged exposure to and use of asbestoscontaining products as a telephone company employee. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other former Bet! System entity. See his deposition taken in this case. 4. Marcus Bond, M.D. 1711 Arbutus Street Golden, Colorado 80401 303-232-7832 The witness is expected to offer opinions regarding the merits of Plaintiffs' claims and the defenses offered by SWBT, including opinions on liability, damages, and causation issues. The witness is expected to testify that any asbestos exposure ofDavis allegedly occurring as an employee ofSWBT was not the cause, nor did it contribute to cause Davis' alleged injuries. The witness may testify that some other exposures to asbestos, was the cause ofthe mesothelioma, injuries, damages and death alleged herein. The witness may testify as to the "state ofthe art," and medical & scientific literature availability and content. Dr. Bond has worked for both AT&T, former parent of SWBT, and Mountain States Bell, and will offer opinions on their policies, procedures and conduct. He may also offer opinions on the Davis'jobs, his alleged exposure lo asbestos, phone company work, the spectrum ofhazards and occupational concerns relevant lo the telephone company. He may compare the developing knowledge regarding asbestos hazards, such as textile mill studies in the 1930s and shipyard studies in the mid 1960s and how the products, doses, diseases andjobs studied compare or contrast with Plaintiffs claims in this case. He may further testify about occupational medicine, medical & scientific literature, "state ofthe art," disease and causation. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other fonner Bdl System entity. He may testify as to any other matter raised by experts called by Plaintiff; or any other matter which he may be so qualified to testify. See his deposition taken in this case. 5. Morton Com, M.D. The Johns Hopkins University 3208 Bennett Point Road Queenstown, Maryland 21658-1126 The witness may testify concerning regulatory requirements for the health and safety of workers exposed to asbestos, including OSHA, EPA and other state and federal requirements pertaining to asbestos. He may be asked to testify concerning the actions ofSWBT, or any other entity at issue in this case or any others similarly situated under the same or similar circumstances existing at all times material to this case. He may testify about his knowledge ofthe processes involved in construction and federal and state standards applicable to employers, contractors and premises owners. The witness may testify concerning die potential hazards ofdifferent types of SOUTHWESTERNBEIX TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO MAiNnyra* requests fordhscloswob - p* 4 cm*3 1705JT MUHWOfll asbestos, when such hazards were known or knowable by different segments oftrade and industry. He may testify about industrial hygiene publications and literature from the 1940s to the present. He may also testify generally about the concept of dose-response, the evolution and use ofthreshold limit values and the knowledge that the telephone industry, contractors and premises owners had available to them during certain time periods. He may eke testify regarding relative risk and OSHA risk models. He may testify about the nature ofthe working environments and the control and use ofsubstances in such locations. He may testify about his knowledge ofthe composition and asbestos content, ifany, ofthe products alleged to have been used by or around telephone company employees while perfhnning telephone repair and installation, the ability of such products to emit asbestos fibers under certain conditions and the likelihood that Davis inhaled these fibers. The witness may also testify regarding the reasonableness ofthe corporate response ofSWBT and others similarly situated concerning the potential hazards ofasbestos usage and safety ofworkers under the same or similar circumstances. He may testify about toe size, construction, layout and working environment of facilities where Davis worked. Hie witness may testify about the appropriateness ofany telephone company's policies, procedures or actions with respect to health and safety and toe significance ofasbestos to those health and safety concerns. He may testify that telephone company actions with respect to any asbestos hazards posed to their workers were appropriate, not negligent or grossly negligent He may also testify about epidemiology of asbestos-rdaled disease, and toe general scientific and medical literature on the topic. He will testify about toe cohorts structured and that, between the late 1950s and the late 1970s. there were no epidemiological studies ofany cohort similar to telephone company workers that showed any increased risk ofasbestos-related disease. The witness may do research, gather facts, inspect the premises in question, and review relevant scientific and medical literature. He will testify regarding toxicology, engineering and industrial hygiene generally and particularly as they relate to alleged asbestos fiber exposure under different conditions, including toe facts of this case. He may respond to testimony given by Plaintiffs* experts regarding any industrial hygiene issue including product testing and levels ofasbestos that may be present in any given industrial, commercial or residential environment. He may testify as to any matter raised by experts called by Plaintiffs or any other matter which he may be qualified to testify. 6. Carlton "Bud* Daiky 10035 South Marlene Affirm, Missouri 63123 Mr. Dailey, a retired General Plant Training Supervisor, worked tor SWBT and before that; Mountain States Ml for over 30 years. He is knowledgeable of SWBTs practices and procedures and safety rules and regulations. He may testify as to the many safety and health concerns that confronted telephone company employees and interaction between AT&T and regional operating telephone companies. Further, he may testify regarding toe corporate relationship and dealings among SWBT, Mountain. States Bell, AT&T and any other former Bell System entity. Ho may testify regarding any other matter relevant to phone company work that arises in this case. See his deposition taken in this case. SOUTHWESTERN BEIX TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO WMmnoMmmiaMiBafflm>-- s d*sm5 nosjt * i. <mj.*ooo* 7. Herman Dean Goolsby 5329 Temple El paso, Texas 915-779-5068 He may testify about work practices and procedures and die customary practices among contractors and construction trades in the El Paso area in the 1960s and 1970s. See his deposition taken in this case. .8 Patrick Anderson 1000 Worsham El Paso, Texas 79927 915-851-3244 He may testify about work practices and procedures and safety rules and regulations among telephone company employees in the 1960s and 1970s. Further, he may testify regarding tire corporate relationship and dealings among SWBT, Mountain States Bell, AT&T ami any other former Bell System entity. See his dejxjsition taken in this case. 9. James Stuckey 8612 Grover Drive El Paso, Texas 79925 915-778-9022 He may testify about work practices and procedures and safety rules and regulations among telephone company employees in the 1960s and 1970s. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other former Bell System entity. See Isis deposition taken in this case. 10. Walter Schade 9800 Album El Paso, Texas 79925 915-598-0072 He may testify about work practices and procedures and safety rules and regulations among telephone company employees in the 1950$, 1960s and 1970s. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other former Bell System entity. See his deposition taken in (Ins case. SOUTHWESTERN BOX TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO FLAMtmtr REQUESTS TOR DISCLOSURE. Fttt S dim mnt i,4i ds.oomi i). Albert Lopez 1008 Magoffin El Paso, Texas 79945 915-328-5651 12. Antonio Zubin 10929 Rye Lane El Paso, Texas 79927 915-859-1676 13. Felix Benevides 2124 December O Paso, Texas 79935 915-592-7075 Mr. Lopez, Mr. Zubia and Mr. Benevides may testify regarding the layout ofvarious commercial end industrialjob sites, use ofproducts at those sites, location oftelephone company equipment and any other matter discussed in their deposition, taken In this case. 14. Debra Sehmulbach Southwestern BeU Telephone Dallas, Texas 73201 Mrs. Schimdbachraay testify about SWBT practices, procedures including installation and repair, work practices, health and safety rules, union contracts, medical and health care and any issues raised by plaintiffs regarding the defendant in this case. 15. Roger Wolhert 10 Remington San Antonio, Texas Mr Wolhert may testify regarding the corporate relationship arid dealings among SWBT, Mountain states Bell, AT&T and any other former Bell System entity and any other matter raised in his deposition, taken in this case. 16. Gladys Haecker 8205 Traner Hale Converse, Texas 78109 Ms. Hawker may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other fonner Bell System entity and any other matter raised in her deposition taken in this case. SOUTHWESTERN BELL TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO gLsnnnmgQiiEBmQR mbcloube - Mr ? Oatti mi* i, 4iiu.dwm All witnesses identified by Plaintiffs, live or by deposition, that have knowledge ofrelevant facts. All witnesses deposed in this lawsuit We will supplement this answer according to the Texas Rules ofCivil Procedure and (his Court's Scheduling Order. (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 ofthe expert's mental impressions and opinions and a briefsummary ofthe basis for them, or ifthe expert is not retained by, employed by, or otherwise subject to the control ofthe responding party, documents reflecting such information; (4) ifthe expert is retained by, employed by, or otherwise subject to the control ofthe 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 ofthe experts testimony; and (6) the expert's current resume and bibliography. ANSWER: l. Marcus Bond, M.D. 1711 Arbutus Street Golden, Colorado 80401 303-232-7832 The witness is expected to offer opinions regarding the merits ofPlaintiffs' claims and the defenses offered by SWBT, including opinions on liability, damages, and causation issues. The witness is expected to testify that any asbestos exposure ofDavis allegedly occurring as an employee of SWBT was not the cause, nor did it contribute to cause Davis' alleged injuries. The witness may testify that some Other exposures to asbestos, was the cause ofthe mesothelioma, injuries, damages and death sieged herein. The witness may testify as to the "state ofthe art," and medical & scientific literature availability and content. Dr. Bond has worked for both AT&T, former parent ofSWBT, and Mountain States Bell, and will offer opinions on their policies, procedures and conduct. He may also offer opinions on tire Davis'jobs, his alleged exposure to asbestos, phone company work, the spectrum ofhazards and occupational concerns relevant to the telephone company. He may compare the developing knowledge regarding asbestos hazards, SOUTHWESTERN BOX TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO - hR n tMkri mm v 1,4133$.OMW such as textile mill studies in the 1930s and shipyard studies in the mid 1960s and how the products, doses, diseases andjobs studied compare or contrast with Plaintiffs claims in this case. He may further testify about occupational medicine, medical & scientific literature, "state ofthe art," disease, fiber type, causation and epidemiology. He may testify as to any other mailer raised by experts called by Plaintifis or any other matter which he may be so qualified to testify. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Belt, AT&T and any other former Bell System entity. See his deposition taken in this case. .2 Morton Com, M.D. The Johns Hopkins University 3208 Bennett Point Road Queenstown, Maryland 21658-1126 The witness may testify concerning regulatory requirements for the health and safety of workers exposed to asbestos, including OSHA, EPA and other state and federal requirements pertaining to asbestos. He may be asked to testify concerning the actions of SWBT, or any other entity at issue in this case or any others similarly situated under the same or similar circumstances existing at all times material to this case. He may testify about his knowledge ofthe processes involved in construction and federal and state standards applicable to employers, contractors and premises owners. The witness may testify concerning the potential hazards ofdifferent types of asbestos, when such hazards were known orknowablc by different segments oftrade and industry. He may testify about industrial hygiene publications and literature from the 1940s to (he present He may also testify generally about the concept ofdose-response, the evolution and use ofthreshoid limit values and the knowledge that file telephone industry, contractors and premises owners had available to them during certain time periods. He may also testify regardingrelative risk and OSHA risk models. He may testify about the nature ofthe working environments and the control and use ofsubstances in such locations. He may testify about his knowledge of the composition and asbestos content; ifany, offire products alleged to have been used by or around telephone company employees while performing telephone repair and installation, the ability of such products to emit asbestos fibers under certain conditions and the likelihood that Davis inhaled these fibers. He may fhrther testify about fiber type and causation. Hie witness may also testify regarding the reasonableness ofthe corporate response of SWBT and others similarly situated concerning the potential hazards ofasbestos usage and safety ofworkers under the same or similar circumstances. He may testify about the size, construction, layout and working environment offacilities where Davis worked. The witness may testify about the appropriateness ofany telephone company's policies, procedures or actions with respect to health and safety and the significance of asbestos to those health and safety concerns. He may testify that telephone company actions with respect to any asbestos hazards posed to their workers were appropriate, not negligent or grossly negligent. He may also testify about epidemiology ofasbestos-related disease, and the general scientific and medical literature on the topic. He will testify about the cohorts structured and that, between the late 1950s and the late 1970s, there were no epidemiological studies ofany cohort similar to telephone company workers that showed any SOUTHWESTERN BELL TELEPHONE COMPANDS THIRD AMENDED RESPONSE TO MAINTIPrr REQUESTS POR DISCLOSURE . Fe 9 MmWNSV \r 1,4llfe.im increased risk ofasbestos-related disease. The witness may do research, gather facts, inspect the premises in question, and review relevant scientific and medical literature. He will testify regarding toxicology, engineering and industrial hygiene generally and particularly as they relate to alleged asbestos fiber exposure under different conditions, including the facts ofthis case. He may respond to testimony given by Plaintiffs' experts regarding any industrial hygiene issue including product testing and levels ofasbestos that may be present in any given industrial, commercial or residential environment He may testify as to any matter raised by experts called by Plaintiffs or any other matter which he may be qualified to testify. 3. Dr. Mark Robert Wick 301 Peacock Drive Charlottesville, VA 22903-9716 804-245-9613 804-245-9643 Dr. Wick is a pathologist He may testify, live or by deposition, concerning his review of the medical records, pathology and/or work history ofPlaintiff and Plaintiff's medical condition, and the cause ofPlaintiffs medical condition. His testimony may also include discussion of asbestos and its effect on human health generally and Plaintiffs specifically, and the effect that other substances have on human health generally and Plaintiffs condition specifically. Dr. Wick may also testify regarding the medical conditions of Plaintiffbased on review ofmedical records, x-rays, Plaintiffs experts' reports and supplemental reports and his training, experience and other special expertise. Dr. Wick may also testify concerning the increased risk, ifany, of cancer foced by asbestos exposed workers and the prognosis ofsuch individuals. He may further testify that Plaintiffsuffered from a variety ofcritical medical problems that may have caused Ids death. In addition, if called to testify, either live or by deposition. Dr. Wick is expected to provide testimony regarding the anas stated below: (1) the anatomy and function ofthe respiratoiy and circulatory systems, including the protective systems of five body with regards to the inhalation and retention ofdust, and the diagnosis and treatment of disease affecting such systems; (2) the nature ofasbestos and asbestos-related diseases; (3) the symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; (4) the nature and extent ofmedical and scientific knowledge regarding any association ofobstructive pulmonary disease with asbestos fiber exposure; SOUTHWESTERN BELL TELEPHONE COMPANY'S THUO) AMENDED RESPONSE TO FLAtNfl^8'RE0TIESMim.BIlC.L0.iCTJ:. - Psie 10 Dtlul 70JJ* T 1.4UU.800W (5) the effect ofexposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system and other causes ofobstructive and restrictive disease or defects of the respiratory system; (6) methods ofdiagnosis ofvarious diseases, especially the means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestosxelated <fisees; (7) incidence oflung cancer among individuals with asbeslosis or asbestos exposure as compared to non-asbcstotic asbestos workers, non-asbestos exposed workers and to tho general population; (8) cigarette smoking and its effects on the lungs and other organs; (9) the relationship ofcigarette smoking to cancer ofdie lung and cancers ofother body parts with reference to epidemiology studies and physiologic effect; (10) the difference between impairment and disability; (11) the effect ofasbestosis or other asbestos-related disease, or asbestos exposure without asbestosis or other asbestos-related disease, on disability and life expectancy; (12) the lack ofrelationship between the presence ofpleural plaques and a later development ofany form ofcancer, (13) the history ofevolution and knowledge ofasbestos related diseases; (14) the import ofany exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposed by any witness; (15) cancer incidence in the general population and among asbestos workers and its potential causes; (16) the incidence ofmesothelioma among various kinds ofworkers exposed to asbestos, and toe relative importance ofvarious fiber types and the cause of mesothelioma; and (17) to the extent not covered above, asbestos medicine in general. SOUTHWESTERN BEU, TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO M^BggtgMQBEanJflaiai^^ - MfeO (ItSU v 1.4l) NW 4. Cinil Diane Stockman, M.D., ?h,D. 701 E. Marshall, Suite 4002 Longview, Texas 75601 903-753-0787 Dr. Stockman may testify concerning the examination and diagnosis ofthe physical condition ofPlaintiff and concerning the overall condition and relationship ofthat condition, if any, to Plaintiffs* alleged exposure to asbestos, She may fiuther testify regarding fiber type, causation and epidemiology. Hie witness may also testify concerning the anatomy and function of the respiratory and circulatory system, the nature ofasbestos, the disease process and diagnosis of asbestos and cancer associated with the respiratory system, the nature and extent ofmedical and scientific knowledge regarding die association ofpulmonary disease with asbestos fiber exposure, the effect ofexposure to substances other than asbestos on the development or manifestation of obstructive and restrictive conditions and diseases particularly in means ofestablishing die differential diagnosis ofalleged asbestos diseases with other government warnings, smoking and other areas ofthe state-of-the-art, incidents oflung cancer among individuals with asbestosis compared with non-asbestos exposed workers and with the general population, and cigarettQ smoking and its effects on the hings. She may further testify that Plaintiffsuffered from a variety ofother critical medical problems that may have caused his death. 5. Sam H. Cade, Jr., M.D. Radiology Department Baylor University Medical Center 3500 Gaston Avenue Dallas, Texas 75242 214-820-3219 Dr. Cade is a B-neader and may testify regarding the radiographs ofPlaintiffs. 6. David Garcia Southwestern Befi Telephone 500 Texas Rm. 330 El Paso, Texas 79901 915-521-6640 Mr. Garda, Area Manager Installation & Repair, has worked for SWBT and before that. Mountain States Bell tor 24 years. He will testify regarding telephone company work, operations ofphone systems, locations ofphone systems, installation and repair ofphono systems at places where plaintiffworked and SWBT procedures. He is both a fact witness and an expert on phone company procedures, worksite layout and the location, installation, usage and repair ofphone company equipment Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other former BcH System entity. See his SOtTOWEflTERN SELL TELEPHONE COMPANY'S HURD AMENDED RESPONSE TO PLAINTlCTg.WBOPPM IPfcfflBCLagPBE - P-- U Mm3 <70519 v 1,413M.W0M deposition taken in this case. 1, Wfflkm J. Edens Southwestern Bell Telephone 2308 Jim Dent R4. El Paso, Texas 7993d 915-591-4630 Mr. Edens, a retired Manager Installation. & Repair, worked for SWBT and before that, Mountain States Bell for 35 years. He will testify regarding telephone company work, operations ofphone systems, locations ofphone systems, installation and repair ofphone systems at places where plaintiffworked and telephone company procedures. I Ie is an expert on those matters and may also testify as a fact witness. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States BdO, AT&T and any other former Bell System entity. See his deposition taken in this case. 8. lose A. Marquez Southwestern Bell Telephone 821 Southwestern El Paso, Texas 79912 915-585-5822 Mr. Marquez, Manager Installation & Repair, has worked for SWBT and before that. Mountain States Bell for 29 years. He will testifyregarding telephone company work, operations of phone systems, locations ofphone systems, installation and repair ofphone systems at places where plaintiffworked and telephone company procedures. Ho Is both a ikcl witness and an expert on phone company procedures, worksite layout and the location, installation, usage and repair ofphone company equipment. Further, he may testify regarding the corporate relationship and dealings among SWBT, Mountain States Bell, AT&T and any other former Bell System entity. See his deposition taken in this case. We will supplement this answer according to the Texas Rules ofCivil Procedure and this Court?s Scheduling Order. (g) any discoverable indemnity and insuring agreements; ASSWEB: SWBT states that it is self-insured and has sufficient excess insurance to respond to ^judgment in this action iffound liable. (h) any discoverable settlement agreements; SOUniWESTESN BELL TELEPHONE COMPANY'S THIRD AMENDED RESPONSE TO PLAINTIFF'S' REQUESTS FOR DISCLOSURE - >* 13 Mlu) <nMv!, 41135.MOM MMEE: None. (i) any discoverable witness statements; ANSWER? None. (j) in a suit alleging physical or mental injury and damages from the occurrence that is the subject ofthe case, all medical records and bids that are reasonably related to (he injuries or damages asserted or, in lieu thereof an authorization permitting the disclosure ofsuch medical records and bills; MMER: Not applicable to SWBT. (k) in a suit alleging physical or mental injury and damages from the occurrence that is the subject ofthe case, all medical records and bills obtained by the responding party by virtue ofan authorization fUmished by the requesting party. AHSHEB: These materials will be made available to Plamtifft upon reasonable notice at the offices ofJenkens &. Gilchrist, 1445 Ross Avenue, Suite 3200, Dallas, Texas 75202. PlaintiiThas identified physicians and hospitals that treated Decedent and SWBT is currently obtaining same. SWBT will make these records available to Plaintiffs to the extort (hat Plaintiffs do not already have such records. SOUTHWESTERN BELL TELEPHONE COMEANVS THIRD AMENDED RESPONSE TO FLAINTITEr BEQUESTS FOMMCLODRE - fia 14 Mkil OTOJ* >, 413JS MOM Respectfully submitted, JENKENS & GILCHRIST, a Professional Corporation 1445 Ross Avenue, Suite 3200 Dallas, Texas 75202 Telephone: (214)8554500 Facsimile; (214)855-4300 Bv: ROBERT B. THACKS1DN State Bar No. 0078587 R. ROBERT GARCIA State Bar No. 00796602 attorneys for southwestern bell TELEPHONE COMPANY jammmE.O.a!EByKE [ hereby certify drat a true and correct copy ofthe above and foregoing instrument has been forwarded to Plaintiffs' attorneys. Holly Huart and Stephanie Finely Baron & Budd, 3102 Oak Lawn Ave., Suite 1100, Dallas, Texas 75219 via facsimile on this the 8th day ofMarch, 2001. R. ROBERT GARCIA ,Z^^L sQxmmmrmm bell telephone company's third amended response to BUINTgfB REQUESTS rORMWLOiUlE Wmm IS Ray, McChristian & Jeans Attorneys ami Cauasetes i Law A FrafinMI Corprsifea smCxmm UFm^Ttxmmn (15) IWMTikfiMM MSI 132.7333 rW March 8,2001 MMtadini* Tiwiittavffi DnW H, Hmnnte am $,km tab*.* waawuiMJte&Miiwfe CadHMmte i*nu* AMossa. Eli UiiiikMlMr* A(TR*y*+ <*eyZ*v*I Ms. Nicole Brown Kennedy BARON &BUDD.P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas,'Texas 75219 BE: Martinez v. MARCO Cause No. 2000-2591 Dear Ms. Kennedy: Enclosed please find ASARCO Incorporated's Designation ofExpert Witnesses which has been filed today. Rase RECEIVED EL/PR IaW* MAR-08-2001 16:18 RRV MeCHRIST IAN & JEAN 3158327333 P.03/1B NO. 2000-2591 tiiPY -- --- Of M/U? $ Pfl 2: ^ i JOSE ROSENDO MARTINEZ, SR. and ELENA IN THE COUNTY COURT LOPEZ MARTINEZ, ZL Pa'60 CO'JNry. T*a$ Plaintiff, vs. f AT LAW NO. THREE GAP CORPORATION (successor to RUBEROID CORPORATION), etal., Defendants. EL PASO COUNTY, TEXAS ASARCO INCORPORATED^ DESIGNATION OF EXPERT WITNESSES COMES NOW ASARCO INCORPORATED and hereby designates the following expert witnesses on whom it may rely at the trial ofthis matter. ASARCO reserves its right to designate further expert and fact witnesses m farther discovery is conducted in this action. 1. All individuals designated or to be designated as aqpat witnesses by Plaintiff, whether live or by deposition testimony. 2. All individuals designated orto be designated as an expert witness by any otherparty to this action, whether live or by deposition testimony, and without regard to that party's presence it the time oftrial. 3. AUphysicians orotherhealth carepractitioners who have txeatedPlaintiffat any time and for any condition and whose names, addresses, and qualificitions are already known to Plaintiff may be called to testify whether live or by deposition testimony. 4. Ail physicians who have prior to trial examined Plaintiffand/or Plaintiff*s medical records, hospital records, laboratory test results, x-ray or other diagnostic imaging films and/or any other information ofwhateverkind relating to the health ofPlaintiff on behalfofany party, without 1500280 1 regard to that party's presence at the time oftrial, who will testily as to the Plaintiff's clinical couree 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 OF, 61XX, United Kingdom, is a pulmonary pathologist who received his medical degree from Newcastle Upon Tyne. He is a Fellow ofthe Royal College ofPathoLogists. He is a consultant pathologist to South Glamorgan Health Authority and is an honorary clinical teacher to the University of Wales College ofMedicine. 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 ofasbestos-related diseases and the pathogenicity ofthe 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 ofpathology, many ofwhich relate to asbestos-related disease. Dr. Gibbs may review foe pathological evidence in this case and testify concerning whether it is diagnostic of asbestos-related disease,. On foe basis ofDr. Gibbs' personal research into issues concerning asbestos-related disease, his knowledge of the medical literature and knowledge of foe foots ofthis case as they are known to date, Dr. Gibbs may testify generally as to foe dangers posed by foe inhalation ofasbestos fibers, the relative risks associated with exposure to low levels of airborne asbestos dust in the general environment, and foe risks posed to Plaintiff from his alleged exposure to airborne asbestos dust. 6. Jeremiah Lvnch. 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, 500260 Z the methods and procedures utilized in the collection ofairborne asbestos samples, including fiber measurement and counting techniques, and the use ofindustrial 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 ofasbestos 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 die 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 timet 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, theopinions and reports ofother experts named or to be named by ASARCO or any other parly, 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 oftrial. 500250 3 7. ErnestMastromatteo. M.D.. 19 Canty 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 self- employed as a consultant in Occupational and Environmental Health. Dr. Mastromatteo received his Doctor of Medicine degree from die University ofToronto in 1947. He received a Diploma in Public Health from die University ofToronto in 1950 and a Diploma in Industrial Health from the University ofToronto in 1958. In 1958 Dr. Mastromatteo was certified in Occupational Medicine by the American Board ofPreventive Medicine. In 1981 Dr. Mastromatteo was certified in Occupational Medicine bydie Canadian Board of Occupational Medicine. From 1949 to 1952 Dr. Mastromatteo served as &e Medical Director oftheVirden 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 die Director of die Division of Occupational and Environmental Health ofthe Ontario Ministry ofHealth. Heremained in (hat position until 1974. From I966to 1974, Dr. Mastromatteo also served as a Consultant in Occupational Diseases to the Ontario Workers' Compensation Board. From 1968 to 1974 Dr. Mastromatteo was a part-time professor at the University of Toronto and from 1972 to 1974 he was Professor and the Head of the Department of Occupational and Environmental Health ofthe University ofToronto. In 1974, Dr. Mastromatteo became Chief of the Occupational Health and Safety Branch ofthe International Labour Office ("HO") in Geneva, Switzerland. He remained in that position until 1976. From 1976to 1985 Dr. Mastromatteowas employed as DirectorofOccupationalHealth forInco Limited, Toronto, Canada. From 1985 to 1994 Dr. Mastromatteo was employed as the Program Director, Occupational and EnvironmentalHealth, ofORC Cansdalnc., Toronto Canada. During thatperiod, from 1985 to 1990, Dr. Mastromatteo also served as a consultant to the Occupational Health Policy Branch 600260 4 ofthe Ontario Workers' Compensation Board. From 1976 to the present, Dr. Mastromatteo has served as an Honorary Consultant to the Occupational Health Clinic ofSt. Michael's Hospital, Toronto, ranaria Dr. Mastromatteo is a member ofthe 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 ofdie 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 oftire ACG1H Threshold limit Value f'TLV") Committee since 1964. He was Chair ofthe TLV Committee from 1985 to 1990 and President ofthe ACGIH fortiic 1969-1970term. Dr. Mastromatteo liasreceived numerous honors andawards inthe field of occupational medicine. Among his other awards, in 1981 be received the Stronger 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 theUnited States. In 1987 Dr. Mastromatteo received the Knudseo 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 further testify that as a longstanding 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 ofthe available evidence and bases its decision on the weight ofevidence. 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 5002SQ 5 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 ACGJH concerning die 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 ofasbestos at 0.1 free. That level ofexposure is many times below the level ofexposure which one would expect to cause disease in the average worker. 8. Howard E. Aver. GUI. 2812 Linwood Avenue. Cincinnati. Ohio. Mr. Ayer is a Certified industrial Hygienist and a Certified Safety Professional. He is Emeritus Professor of Environmental Health, Division of Environmental Hygiene and Safety, University of Cincinnati. Mr. Ayer received his Bachelors in Chemical Engineering in 1948 from the University ofMinnesota. He received a Masters ofScience in Industrial Hygiene Engineering from Harvard University in 1955. Mr. Ayerwas employed bythe United StatesPublic Health Service (USPHS) from 1948to 1972. During that timeperiod he served wife the National Institute for Occupational Safety and Health, and its predecessor organizations (Division ofOccupational Health, Occupational Health Program and Bureau of Occupational Safety and Health), assigned by the USPHS to foe Kai*as State Board ofHealth, foe Occupational Health Field Station in Salt Lake City, Utah, and foe Occupational Health Field Headquarters in Cincinnati, Ohio. Mr. Ayer was Assistant Chiefofthe Engineering Section from 1961 to 1964, Chief from 1964 to 1967, and Assistant Director offoe Division ofField Studies from 1967 to 1972. Mr. Ayer has been with the University ofCincinnati, Institute ofEnvironmental 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. 500260 6 Mr. Ayer has served on numerous committees m the field ofindustrial hygiene. As a member of the ACG1H, 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 hechaired for three years). Mr. Ayer also chaired the adhocjoint AIHA-ACGIH Committee on Uniform Methods in Impinger Counting. Mr. Ayerhas authored over40 publishedpapers on matters ofindustrial hygiene. Mr. Ayefs testimony will be based on his knowledge, training and experience in the field of industrial hygiene as it relates to asbestos and asbestos-contaimng 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 ASARCQ reserves the right to supplement this information based on documents or testimony concerning exposure levels which to date have not been discovered. 9. Arthur M. Langer. Ph.D.. Director, Environmental Sciences Laboratory ofthe Institute ofApplied Sciences, Brooklyn College ofthe CityUniversity ofNew York. Brooklyn,New York U210. Dr. Langur 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. Langermay 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 500260 7 courses as fully set forth on his C.V, Dr. Langer may farther testify as to his extensive study and experimentation with regard to the family ofminerals commonly referred to as asbestos. 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 he served in the ILA.M.C. in West Africa, India and Burma and was mentioned in despatches. Dr. Murray received his Diploma in Public Health in January, 1947. In April 1947 he became one ofonly 12 ofHer Majesty's Medical Inspectors ofFactories and was assigned to the Bast Lancashire Division based in Manchesterwhere he remained until 1956. While there, his Chief was E.R.A. Merewcther. 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 die District Inspector in the implementation ofthose 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 ofOccupational Health in Manchester. Dr. Murray joined the International Labour Office (TLO) 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 ofdie Medical Advisory Panel and Scientific Advisory Panel until 1992, In 1975 he became Secretary-Treasurer ofthe Permanent 00260 8 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 ofGlasgow, honorary Doctor ofTechnology of the University ofBradford, honorary Fellowship ofthe Institution ofOccupational Safety and Health, Fellowship ofthe Faculty ofOccupational Medicine ofthe Royal College of Physicians ofIreland, Fellowship of the corresponding Faculty ofthe Royal College ofPhysicians of London, honorary Fellowship ofthe Royal Society ofMedicine, honorary Fellowship ofthe Institute ofOccupational Hygienists and honorary Doctor of Science of the University ofGlasgow. Dr. Murray kept in close touch with the increasing amount ofliterature 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. Murrays personal knowledge and experience concerning issues regarding the health hazards of asbestos, and the historical developments relating io the development of knowledge concerning asbestos-related diseases and his knowledge of the medical literature, Dr. Munay will testify by deposition or videotape as to the state of knowledge concerning what an employer could have and should have known during particular time periods with regard to both the dangers of asbestos use and methods ofminimizing those dangers via proper hygiene measures. his B.S in chemical engineering from the University of South Carolina in 1935. In or about 1948 30026 9 or 1949, he obtained a Master ofPublic Health Degree from Johns Hopkins University School of Hygiene and Public Health. Mr. Brown began his career in 1936 as a chemical engineer with the Division oflndustrial Hygiene of the South Carolina State Board ofHealth where he worked with an industrial hygiene physician. Mr. Brown was responsible for performing a complete survey on a large sampling basis, including dust studies, of South Carolina industries and to develop information of any existing or suspected industrial hygiene problems. In January, 1942, Mr. Brown was employed as the ChiefofIndustrial Hygiene Services for the Health Division ofthe City ofSt. Louis, Missouri. In 1949, he accepted a position on the faculty ofthe School of Public Health at Yale University where he taught public and occupational health. In 1951, Mr. Brown joined the Maryland State Department ofHealth to facilitate the development of the Maryland Bureau oflndustriai Hygiene. Mr. Brown accepted a position with the National Sanitation Foundation in Ann Arbor, Michigan in 1965. In 1967 he became the president of the National Sanitation Foundation and remained in that capacity until his retirement in 1980. Mr, Brown was a charter member and organizer ofthe National Conference ofGovernmental and Industrial Hygienists (NCGIH), established in or around 1938. This organization later changed its name to the American Conference of Governmental and Industrial Hygienists (ACGIH). Mr. Brown served as a member of this organization's Executive Committee, Constitutional Review Committee and Industrial Hygiene Codes Committee. The latter committee was responsible for establishing maximum allowable concentrations (MAC) and threshold limit values (TLV). In 1946 the Subcommittee on Threshold Limits of the ACGIH recommended a MAC for asbestos of 6 million particles per cubic foot of air. 500260 10 Mr. Brown was also a member of the American Industrial Hygiene Association (AIHA). This organization also proposed TLV's and MAC'S which were published as Hygiene Standards in the April, 1958 issue American Industrial Hygiene Association Journal and recommended maximum atmospheric concentrations for asbestos over 8 hours of5 million particles par cubic foot ofair. This publication also listed potential hazards of asbestos which noted that in addition to asbestosis there had been reports of an increased risk of lung cancer. On the basis of Mr. Brown's personal knowledge of the facts surrounding the adoption of asbestos exposure standards, his training and experience in the areas ofindustrial hygiene and his review of the literature, Mr. Brown will testify by videotape or deposition, with regard to the composition ofthe membership ofthe ACGIH and its predecessor, the NCGIH and the AIHA. Mr. Brown will also testify by videotape or deposition, with regard to the facts and circumstances surrounding the proposal and adoption of the asbestos standards and his involvement in these processes. In addition, Mr. Brown may testify by videotape or deposition, with regard to the state ofindustrial hygiene knowledge during the 1930's, 1940's and 1950's. 12. Leonard! Bristol. M.D. Dr. Bristol received his M.D. in 1944 from the Long Island College of Medicine. From 1944 to 1945 he had a general rotating internship at St. Catherine's Hospital in Brooklyn, New York and from My, 1945, to April, 1946, was a resident in radiology at die Long Island College Hospital. From 1946 to 1948, Dr. Bristol was aradiologist at the United States Naval Hospital, National Naval Medical Center in Bethesda Maryland. During that period of time he also served as a frill-time fellow in the Department ofRadiology at the Johns-Hopkins University Medical School. He was certified by the American College ofRadiologists in 1949. In 1949, he assumed a full-time position as a radiologist at the Trudeau Sanitarium and the Saranac Lake Laboratory where he remained through the end of 1978. Dr. Bristol has been engaged in the S0026Q It FM practice ofradiology at the General Hospital in Saranac Lake, the Placid Memorial Hospital, in Lake Placid, the Alice Hyde Hospital in Malone, New York and was a member of the Department of Radiology at the Edward L. Trudeau Foundation through 1978. Since 1949 approximately 50 percent of Dr. Bristol's practice involved chest diseases and 25 to 30 percent ofhis overall practice involved occupational lung disease. He has reviewed several hundred thousand films ofworkers with occupational lung disease. Dr. Bristol was instrumental in the development of the ILO/UICC classifications for asbestos related diseases. On the basis of Dr. Bristol's knowledge, training and experience as a radiologist and his personal knowledge of die research and experiments conducted by the Trudeau Foundation and Saranac Laboratories, Dr. Bristol may testify by deposition or videotape as to the general radiological characteristics and diagnosis of asbestos-related diseases. 13. John E. Craighead. MD.. 1845 Four Winds Road, Femsburgh, VT 05456. Dr. Craighead is a clinical and anatomical pathologist specializing in pulmonary pathology. Dr. Craighead will testify generally as to Ms background, training awl experience. Dr. Craighead will testify as to his knowledge ofpathology 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. 500260 12 Dr. Craighead may review the pathological evidence in this case, if any, and testify concerning whether it is diagnostic ofasbestos-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 die 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 oftrial. 14. ASARCO reserves the right to seek leave ofcourt to call experts who are 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 Thd general description of the area of expertise ofeach 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. 500260 13 Respectfully submitted. RAY, McCHRISTIAN & JEANS, P.C A Professional Corporation 5822 Cromo Drive, Suite 400 El Paso* Texas 79912 915-832-7200 Telephone 915-832-7333 AFacsimile Date: March 8,2001 By \ Roi COLLINS Texas State Bar Number 0462350 DAVIDS. JEANS Texas State Bar Number 10597400 OfCounsel: 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 CERTmCATEJPMRyiCE I hereby certify that pursuant to Rule 21, TJLC.P., on the above date a true and correct copy of the foregoing instrument was delivered as follows: See Attached Service List Delivered Vi*: ...... Facsimile __ Certified Mail __ Regular Mail ___ Hand Delivery ___ Overnight Mail zoom i* NO. 2000-2591 01 MR-8 PM 4f JOSE ROSENDO MARTINEZ, SR. and ELENA IN THE COUNTY CJ^T LOPEZ MARTINEZ, OUNTY. TEXAS Plaintiffs, vs. AT LAW NO. THREE I3EPUTY GAF CORPORATION (successor to RUBEROID CORPORATION), etJd,, Defendants. BL PASO COUNTY, TEXAS CERTIFICATE OF WMTTINDISCOVERY Defendant hereby certifies to the Court that the following discovery requests, in the above-referenced cause, has been properly served upon Plaintiff 1. Defendant ASARCO Incorporated's Designation ofExpert Witnesses. Respectfully Submitted, RAY, MCCHRISTIAN & JEANS, P.C. By: David S. JeaotsBOT #1059740 Robin Collins SBOT # 04623500 5822 Cromo, Suite 400 El Paso, Texas 79912 (915) 832-7200 FAX: 832-7333 Of Counsel: PORZIO, BROMBERG & NEWMAN, P.C. 100 Southgate Parkway Morristown, New Jersey 07962-1997 (973)538-4006 FAX: 538-5146 Attorneys for Defendant, ASARCO Incorporated, formerly known as American Smelting and Refining Co. CERTIFICATE QEJSERVICE I hereby certify that pursuant to Rule 21, T.R.C.P., on the above date a true and correct copy of the foregoing instrument was delivered as follows: See Attached Service List Delivered Via: Facsimile __ Certified Mail ___ Regular Mail Hand Delivery ____ Overnight Mail By. Of Counsel S9314 2