Document 6RqLZ0y0k1vVkbE7vg5YpRLZR

NO. 96-03172-A RAMON T. CEDILLO; ALVINO ROSENDO LOPEZ; AMBROSIO NIRO RAMIREZ; and RICHARD FUENTES VELA Plaintiffs VS. ____ 1 OWENS-CORNING FIBERGLASS CORPORATION ET. AL. Defendants IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS 28th JUDICIAL DISTRICT DEFENDANT SUNTIDE REFINING CO.'S RESPONSES TO PLAINTIFFS' REQUEST FOR DISCLOSURE TO: Plaintiffs, Ramon T. Cedillo, Alvino Rosendo Lopez, and Ambrosio Niro Ramirez, by and through their counsel ofrecord, Holly J.W. Huart and Stephanie Finch, Baron & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. COMES NOW, Defendant, Suntide Refining Co., and serves the following Responses to Plaintiffs' Requests for Disclosure pursuant to Rule 194 of the Texas Rules of Civil Procedure: (a) The correct name of each party to this lawsuit; RESPONSE: The correct name ofthis Defendant is Suntide Refining Co. Defendant does not have knowledge regarding the correct names of the Plaintiffs or other Defendants in this lawsuit. (b) The name, address and telephone number of each potential party; RESPONSE: At this time, Defendant is unaware of any potential parties to this suit. (c) The legal theories and factual bases of your claims and defenses; RESPONSE: This defendant has been sued by Plaintiffs alleging that disease and injuries resulted from exposure to asbestos at this defendant's facility. As allowed by law, this defendant has denied each aspect of Plaintiffs' claims and put Plaintiffs to their proof. In general terms, this defendant asserts that its conduct did not cause any injury to Plaintiffs; that it did not know (and has denied that) at any time that Plaintiffs may have been working at its premises, Plaintiffs were being exposed to harmful quantities of asbestos. Further, to the extent there may have been asbestos on this defendant's premises, warnings were given or, alternatively, Plaintiffs' employer was aware of its G:\5015-13\Discovery\suntide`s rsp to discl.wpd Page 1 presence. This defendant also asserts that Plaintiff does not have an asbestos related condition or disability; that each is barred from recovering by laches or the applicable statute of limitation; that, if any plaintiff was exposed to harmful quantities of asbestos at this defendant's premises, which is denied, it was the sole result of that plaintiffs own lack of care in failing to take proper precautions, or it was the result of his employer's lack of care in properly training and warning Plaintiff, and providing that plaintiff with appropriate protective equipment. This defendant adopts by reference the further responses made in its latest amended answer. (d) For economic damages you seek to recover in this suit, state the amount sought and the method by which such damages were calculated; RESPONSE: N/A. (e) The name, address and telephone number of each individual having knowledge of facts relevant to this lawsuit and a brief statement as to how each such individual is connected to this case; RESPONSE: Charles S. Ryan, M.D.(Deceased) Medical Director Sun Company, Inc. Wayne Stewart, M.D. Medical Director Sun Company, Inc. (Current address and phone number unknown) Jack Stein, M.D. Medical Director Sunoco, Inc. (R&M) Ten Penn Center 1801 Market Street Philadelphia, Pennsylvania 19103 J. Ronald Ficke, M.D. Medical Director Sun Company, Inc. (Current address and phone number unknown) G:\50!5-l3\Discovery\suntide's rsp to discl.wpd Page 2 Marc K. Powell 8200 San Diego Odessa, Texas 79765 Industrial Hygiene and Safety Department Jonathan M. Haas 1765 Preserve Point Terrace Orange Park, Florida 32073 (904) 264-7939 Industrial Hygiene and Safety Department (f) The following information regarding testifying experts: 1. name, address and telephone number; 2. the subject matter of the expert's testimony; 3. the general substance ofthe expert's mental impressions and opinions, a brief summary of the basis for such opinions or if the expert is not retained by you or otherwise subject to your control, all documents reflecting the experts' impressions, opinions and the basis therefor. 4. For each expert employed or otherwise controlled by you, produce: (A) all documents, tangible things, reports, models, or data compilations provided to, reviewed by, or prepared by or for each expert in anticipation of such expert's testimony; and (B) each expert's resume and bibliography. RESPONSE: Defendant has filed a Designation of Expert Witnesses in this case, which will serve as Defendant's response to this Request for Disclosure. The said designation is made a part hereof by reference. (g) Any discoverable indemnity and insuring agreements; RESPONSE: None. (i) A copy of any witness statements; RESPONSE: None in Defendant's possession. G:\5015-13\Discovery\suntide's rsp to disci,wpd Page 3 (k) all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE: None in Defendant's possession. Respectfully submitted, WERNER ^KERRIGAN, L.L.P. Philip Sjatj/Bar No. 21190200 1300 Po&Oak Boulevard, Suite 2225 Houston, Texas 77056 Telephone: 713-626-2233 Facsimile: 713-626-9708 ATTORNEYS FOR DEFENDANTS, SUNOCO, INC. (R&M), KOCH REFINING COMPANY AND SUNTIDE REFINING CO. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been forwarded by certified mail, return receipt requested, to Plaintiffs counsel listed below on this ^v^day of August, 2000: Holly J. W. Huart Stephanie Finch Baron & Budd 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219 G:\5015- 13\Discoveiy\suntide's rsp to disci.wpd Page 4