Document 7MrovMZq80vxyDOKgv4mXwk3a

PLAINTIFFS EXHIBIT DUP-2380 Weldon R. Moake and Janice I. Moake, et al. vs. Cause No. 90G2055 In the District Court Brazoria County, Texas Owens-Corning Fiberglas Corporation (a/k/a Owens Corning Corporation), et al. 239th Judicial District DUPONT'S FIRST SUPPLEMENTAL RESPONSES TO TEXAS RULES OF CIVIL PROCEDURE 194.2 DISCLOSURES TO: WELDON R. MOAKE, by and through his attorneys, Holly Huart and Stephanie Finch, whose address is Baron & Budd, The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Pursuant to Rule 194.2 of the Texas Rules of Civil Procedure, E. I. du Pont de Nemours and Company makes the following first supplemental disclosures in response to Plaintiffs Request for Disclosure dated June 14, 2000: 1. Rule 194.2(a) Disclosures Correct Name of Party The correct name of this party is E. I. du Pont de Nemours and Company. 2. Rule 194.2(b) Disclosures Potential Parties _ This defendant is unaware, at this time, of any other potential parties to this litigation. 3. Rule 194.2(c) Disclosures -- Legal Theories and Factual Bases of Claims or Defenses DuPont's legal theories and the factual bases of claims or defenses are still being developed at this time. The following legal theories and factual bases may be amended or supplemented as information is developed. DuPont was not negligent because it acted with reasonable care under the circumstances. DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 1 According to Plaintiffs' Fifth Amended Petition Plaintiffs' claims against DuPont are based solely on Mr. Moake's alleged exposure while working at DuPont's facilities in Victoria, Orange, and Beaumont, Texas. It is DuPont's legal theory that Plaintiffs' claims are haired by limitations. Discovery shows that Mr. Moake was diagnosed with an asbestos-related occupational injury or disease no later than 1990 and filed suit against asbestos products defendants in 1990, but Plaintiffs did not sue DuPont until nearly 10 years later, well after all applicable statutes of limitation had expired. It is DuPont's legal theory that Plaintiffs' injuries and damages were caused by Mr. Moake's negligence. Further, it is DuPont's legal theory that DuPont owed no duty to Plaintiff. Mr. Moake was an employee of a knowledgeable and sophisticated seller of asbestos-containing products and personally sold and installed such products, not only at DuPont but at many other locations. Mr. Moake held himself and his company out as experts with respect to asbestos-containing products. Mr. Moake and his employer had knowledge of potential hazards of asbestos. DuPont had no duty to warn Mr. Moake with respect to products that he was selling to DuPont or with respect to potential dangers of which he and his employer were aware. The vast majority of Mr. Moake's exposure occurred other than on DuPont's premises. Mr. Moake's exposure, if any, on DuPont premises was the result of conduct, negligence, conditions or activities created by Mr. Moake himself or his employer over whom DuPont did not have or exercise a right of control, and therefore DuPont owed no legal duty. Mr. Moake's alleged illness was not caused, in whole or in part, by any act or omission of DuPont. 4. Rule 194.2(d) Amount and any Method of Calculating Economic Damages DuPont denies that Plaintiffs are entitled to recover any damages, economic or otherwise, against it. Furthermore, as of the making of this disclosure. Plaintiffs have not provided DuPont with any calculation by them of any economic damages that they may be claiming; therefore, DuPont is unable at this time to respond to any method of calculation that Plaintiffs may employ. Any method used to calculate economic damages should be limited by all statutory and common-law limitations on the amount of recovery. 5. Rule 194.2(e) Disclosures Persons with Knowledge of Relevant Facts Based on the information available to DuPont at this time regarding the nature and circumstances of Plaintiffs' alleged claims, it is believed that those listed below may have knowledge of relevant facts. DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 2 Michael K. Ahlstrom 407 Taos Drive Victoria, Texas 77904 (512)578-3279 Connection with case: DuPont Victoria employee - maintenance and engineering Carl Andrus 1650 King Arthur Ct. Orange, Texas 77630 . (409) 886-3517 Connection with case: DuPont/Sabine River- Purchasing William E. Baldwin 142 Baker Drive Tryon, North Carolina 28782 Connection with case: DuPont /Sabine River employee - plant physician James E. Borden, Jr. 2908 Arroyo Drive Victoria, Texas 77901 (512)573-3135 Connection with case: DuPont Victoria employee - fire and safety Espiridion Castillo 301 Byron Victoria, Texas 77901 (512) 578-4254 Connection with case: DuPont Victoria employee - maintenance Nelson Derrick 6 Encore Street Orange, Texas 77630 Connection with case: DuPont /Sabine River employee - construction and safety. Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on September 22,2000, Mr. Derrick will answer questions on topic areas 1,3,4,5,6,7,8,9, and 10. Marie Dwyer 2505 Edgemont Lane Nederland, Texas 77627 (409) 724-2233 Connection with case: DuPont/Beaumont - Purchasing Agent DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 3 Iris M. Fisher Mendenhall Village 428 Briarcreek Dr. Hockessin, Delaware 19707 (302)239-5881 Connection with case: DuPont Corporate (Rule 199 designee only.) Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on September 22,2000, Ms. Fisher will answer questions on topic area 16. Lee T. Freeland 6870 Shanahan Dr. Beaumont, Texas 77706 --' (409) 866-9406 Connection with case: DuPont employee - industrial hygiene and health James W. Gaskins PO Box 415 Norway, South Carolina 29113 Connection with case: DuPont /Sabine River employee - safety. Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on September 22,2000, Mr. Gaskins will answer questions on topic areas 1,3,4,5,6,7,8,9, and 10. James Gentry 16881 S. 18th Way Phoenix, Arizona 85048 (480)460-8436 Connection with case: DuPont/Beaumont - Construction Division John Jenkins 11425 Hickory Springs Dr. Knoxville, TN 37932 (423) 675-7354 Connection with case: DuPont employee - construction, engineering and safety Bruce W. Karrh, M.D. 7 Blackhawk Trail Savannah, Georgia 31411 (912)598-8992 Connection with case: DuPont employee - medical and safety and fire protection. Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on September 22, 2000, Dr.TCarrh will answer questions on topic areas 10 and 11. DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 4 ____ Robert E. Keith 219 Wearden Drive Victoria, Texas 77904 (512)578-5650 Connection with case: DuPont Victoria employee - engineering and environmental Roy L. McClure 2810 Windsor Lane Port Neches, Texas 77651 409-722-1001 Connection with case: DuPont Beaumont Maintenance Supervisor. Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on Septmeber 22,2000, Mr. McClure will answer questions on topic areas 1,3,4,5,6,7,8,9, and 10. Norman A. Monk 3503 43rd Street Lubbock, Texas 79413 Connection with case: DuPont Sabine River employee - plant physician Andrew H. Nickolaus 204 Bristol Court Victoria, Texas 77904 (512)578-3964 Connection with case: DuPont Victoria employee - engineering and environmental Joseph E. Sharp 119 Lytle PI. Abilene, Texas 79602 Connection with case: DuPont Sabine River employee - plant physician Eugene Slesicki 317 Lynley Lane Newark, Delaware 19711 (302)731-1709 Connection with case: DuPont Corporate (Rule 199 designee.) Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on September 22, 2000, Mr. Slesicki will answer questions on topic areas 12 and 17. Tommy A. Thompson 102 Woodcreek Circle Victoria, Texas 77904 (512) 575-5127 DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 5 Connection with case: DuPont Victoria employee - production; (Rule 199 designee) Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on September 22, 2000, Mr. Thompson will answer questions on topic areas 1,3,4,5,6,7,8,9, and 10. Phil J. White 6702 Moss Lake Drive Hixson, Tennessee 37343 Connection with case: DuPont Sabine River employee - plant physician The following are persons who have been identified by plaintiff as co-workers or persons with knowledge of relevant facts. Some of these individuals have been deposed. Bartley C. Bauman, Jr. Route 1, Box 196 Sinton, Texas 78387 (361)287-3362 Connection with case: plaintiff co-worker Michael Dale Byerley RR2, Box 42 A-l Mathis, Texas 78368 VC (361)547-5561 Connection with case: plaintiff co-worker Morris Wayne Byerley 2519 Robby Corpus Christi, Texas 78410 (361)241-1604 Connection with case: plaintiff co-worker Lee Roy Cervenka 111 Old Angleton Road Lake Jackson, Texas 77566 (409) 265-4434 Connection with case: plaintiff co-worker Glen A. Curfman 2 County Road 405 2 Three Rivers, Texas 78071 (361)786-3007 Connection with case: plaintiff co-worker DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 6 Leonard Dunnahoe Route 1, Box 723 Aransas Pass, Texas 7833d (361) 776-2249 Connection with case: plaintiff co-worker James Ford 303 Magdalena Drive Victoria, Texas 77904 (361) 575-7863 Connection with case: plaintiff co-worker Jack Hoover 2642 Tulane Drive Corpus Christi, Texas 78418 (361) 937-1989 Connection with case: plaintiff co-worker John Theodore Kayda, Sr. 1610 Atlanta Street Deer Park, Texas 77536 (281)479-8591 Connection with case: plaintiff co-worker Kenneth Kemp 204 Primrose Victoria, Texas 77904 (361) 573-4878 Connection with case: plaintiff co-worker Earl Thomas Knighton 160 Briar Drive Shepherd, Texas 77371 (281)592-6567 Connection with case: plaintiff co-worker Ronald Ray Lightfoot 10601 Veda Corpus Christi, Texas 78410 (512)241-0440 Connection with case: plaintiff co-worker DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 7 ; David Salinas P.O.Box 301 Alice, Texas 78333 (361)777-2269 Connection with case: plaintiff co-worker Billy Winston Stevens 114 Perth Road Victoria, Texas 77904 H (361)572-8281 Connection with case: plaintiff co-worker Leroy Verdine 207 Beachwood Victoria, Texas 77901 (361) 578-2057 Connection with case: plaintiff co-worker L.D. Watkins 10402 Birdwood Corpus Christi, Texas 78410 (361)241-1647 Connection with case: plaintiff co-worker Jack D. Westbrook P.O.Box 897 Odem, Texas 78370 (361)368-9037 Connection with case: plaintiff co-worker Marvin E. Wuensche 409 East Elizabeth Kingsville, Texas 78363 (361) 592-6227 -- Connection with case: plaintiff co-worker The following are individuals affiliated with various Thorpe entities. With the exception of Tyson Miller, all have been deposed in prior matters. DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 8 _____ M. P. Proctor 7517 Rockhili Houston, Texas 77061 Connection with case: Thorpe Horace Baker John Knutsen Gary W. Musick Richard Nowland Tyson Miller Corporate Representative of all Thorpe entities, including, but not limited to: Thorpe Products Company Thorpe Insulation Company J.T. Thorpe Company To the extent persons are allowed to testify at the trial in this matter, DuPont hereby crossdesignates persons with knowledge of relevant facts and co-workers of Weldon Moake listed by all parties. 6. Rule 194.2(f) Disclosures Testifying Experts 1. Morton Corn. Ph.D. I Department of Environmental Health Sciences The Johns Hopkins University 615 North Wolfe Street, Room 6010 Baltimore, Maryland 21205 (410) 955-3602 (410) 955-9334 facsimile Dr. Morton Com is a professor emeritus with the Johns Hopkins University's Department of Environmental Health Sciences in Baltimore. He is currently Director, National Institute of Occupational Safety and Health (NIOSH) Educational Resource Center in Occupational Safety and Health for Training Physicians, Nurses, Hygienists and Safety Professionals, and Director, Division of Environmental Health Engineering. Dr. Corn is an industrial hygienistjwith long-standing experience in addressing asbestosrelated issues from the perspective of an industrial hygienist and government regulator. He received his Ph.D. degree in Industrial Hygiene and Sanitary Engineering from Harvard University's Division of Engineering and Applied Physics in 1961. He served as Assistant Secretary of Labor for the DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 9 Occupational Safety and Health Administration ("OSHA") from 1975 to 1977 during the Ford Administration. Dr. Corn may testify concerning the following subjects: (a) the uses and characteristics of asbestos and asbestos-containing products; (b) the development of industrial hygiene and occupational safety and health in the United States; (c) the evolution of knowledge in the industrial hygiene community concerning the potential health hazards associated with exposure to dust and asbestos; (d) the characteristics of asbestos dust and fibers and measurements of airborne concentrations of asbestos dust and fibers; (e) standards, guidelines, procedures and practices relating to the control of potential exposure to dust and asbestos dust; (f) standards, laws, rules, and regulations of OSHA and effect of OSHA standards, laws, rules and regulations; (g) exposure assessment and associated exposures for non-asbestos workers and the general public; (h) DuPont's industrial hygiene practices and procedures; and (i) DuPont's practices, programs and procedures for health and safety. Dr. Com is expected to address these subjects in a general context, and also as they relate to DuPont. Dr. Com is expected to discuss the specific factual allegations by plaintiffs regarding conditions, procedures, and practices at DuPont. Dr. Corn's testimony is based upon (1) his extensive experience and training in the fields of industrial hygiene and occupational health and safety, (2) knowledge of relevant literature, (3) review of documents, discovery, and testimony regarding plaintiffs allegations, (4) review of relevant DuPont documents; and (5) review of the record in this case. " 2. Richard J. Lee. Ph.D. RJ Lee Group 350 Hochberg Road Monroeville, Pennsylvania 15146 (724)325-1776 Dr. Richard J. Lee is President of the RJ Lee Group, Inc., a consulting firm and analytic laboratory in Pittsburgh. Prior to his affiliation with the RJ Lee Group, Dr. Lee was head ofthe U.S. Steel Technical Center's Electron Microscopy and Surface Analysis Section for 12 years. He is a theoretical physicist by training, and received his Ph.D. degree from Colorado State University. Dr. Lee was a member of the Health Effects Institute's Literature Review Panel on Asbestos in Buildings, commissioned by Congress. He has also performed work for the EPA and served on various EPA panels and committees regarding asbestos issues. He has also performed investigations of naturally occurring asbestos and other minerals and methods for detection and identification of such minerals. This has included analysis of bulk, air, water, soil and dust samples. The subject matters on which Dr. Lee may testify include: (a) the history of the guidelines and standards governing exposure to asbestos; (b) the development ofscientific knowledge regarding the measurement of asbestos in the air; (c) the aerodynamics of fibers; (d) exposure levels of various activities in the workplace and in public, commercial and private residences including relevant DuPont facilities; (e) analysis and production of bodies of air sampling data for the Environmental DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 10 Protection Agency and other governmental and private entities regarding naturally occurring forms of asbestos in the environment; and (f) the results of experiments conducted by himself and others. Dr. Lee is expected to testify based on (1) his extensive experience and training, (2) knowledge of relevant literature and data, (3) review of documents, discovery, and testimony regarding the plaintiffs' allegations, (4) review of relevant DuPont documents, and (5) review of the record in this case. 3. James M. Crapo. M.D. Chairman, Department of Medicine National Jewish Medical and Research Center 1400 Jackson Street Denver, Colorado 80206 (303)398-1436 Dr. Crapo is a physician specializing in pulmonary medicine. He is Chairman of the Department of Medicine at the National Jewish Medical and Research Center in Denver, Colorado. He is a former Professor of Medicine and Professor of Experimental Pathology at Duke University Medical Center. Dr. Crapo has carried out extensive research into the mechanisms of pulmonary disease resulting from the inhalation of particulates, including the processes associated with asbestos-related disease. Dr. Crapo is expected to testify generally about the reactions of the lungs to inhaled particulates and foreign substances in both industrial and non-industrial environments. Dr. Crapo is expected to discuss, in particular, the biological effects of exposure to asbestos dust, and the etiology of asbestos-related disease. Dr. Crapo is expected to testify that the risk of asbestos-related lung disease is related to dose, and will provide his opinions regarding the levels of asbestos exposure necessary to produce disease. He may also testify concerning his asbestos-related studies and publications as well as other literature and studies related to asbestos-related diseases. Dr. Crapo may also review the x-rays and other medical records of Mr. Moake and render opinions regarding the presence or absence of asbestos-related abnormalities in Mr. Moake's lungs. Dr. Crapo is expected to describe the diagnostic criteria and methods used in the diagnosis of asbestosis, mesothelioma and other asbestos-related conditions. Dr. Crapo may critique the diagnostic reports of the plaintiffs' experts as they relate to plaintiffs' alleged conditions. Dr. Crapo may render opinions regarding the probable cause or causes of Mr. Moake's condition. 4. Dr. Bruce W. Karrh 7 Blackhawk Trail Savannah, Georgia 31411 (912) 598-8992 DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 11 Dr. Bruce W. Karrh was the Vice President for Integrated Health Care for DuPont from 1993 until 1996 when he retired. Dr. Karrh received a Bachelor of Science degree in Chemistry from the University of Alabama at Tuscaloosa in 1958 and a Medical degree from the Medical College of Alabama in Birmingham in 1962. He entered the United States Army and performed a rotating internship in 1963 at Brooke General Hospital, Fort Sam Houston, Texas. From 1963 to 1965, Dr. Karrh was a flight surgeon in the U.S. Army medical corps, and from 1965 to 1970, he was in private practice in Athens, Alabama. In 1970, Dr. Karrh became the Medical Supervisor for DuPont's Spruance Plant where he remained until 1973. At that time he became the Research Manager of the Environmental Sciences Group at Haskell Laboratory until 1974. DuPont then appointed Dr. Karrh Assistant Medical Director and then Medical Director in 1977. In 1983, Dr. Karrh was named General Director, Medical, Safety and Fire Protection for DuPont. He was then named Vice President for Safety, Health and Environmental Affairs in 1984 - a position he held until 1993. Dr. Karrh was a long-standing DuPont employee experienced in addressing health and safetyrelated topics and issues at DuPont. As part of his duties at DuPont, Dr. Karrh gained knowledge, both historical and current, regarding DuPont's history of and practices regarding safety throughout the company. In the course ofhis duties, Dr. Karrh became familiar with the history of and practices regarding DuPont's approach to workers' safety and health issues involving exposure to dust and asbestos dust. Much of Dr. Karrh's testimony will be fact testimony; however, he may express opinions in some areas that may be considered expert opinions. Out of an abundance of caution, DuPont is designating Dr. Karrh as an expert because he may be asked to provide such opinions. Dr. Karrh may testify concerning the following subjects: (a) DuPont's history of providing for health and safety ofits employees; (b) policies, procedures and programs for the health and safety ofworkers including those addressing dust and asbestos dust; (c) medical screening, monitoring and surveillance of DuPont employees; and (d) evolution and understanding of potential health hazards posed by exposures of workers to dust and asbestos dust. Pursuant to DuPont's Rule 199 designations served on plaintiffs counsel on September 22, 2000, Dr. Karrh will answer questions on topic areas IQ and 11. 5. John E. Craighead. M.D. IBC, Inc. P.O. Box 1081 Champlain Station Burlington, Vermont 05400 (802) 425-3480 Fax: (802) 425-3409 Dr. Craighead is a medical doctor who may testify concerning the following subjects: (a) medical state of the art; (b) overview of the history of asbestos utilization in this country for industrial purposes; (c) evolution and developing concepts regarding the role of asbestos in the DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 12 causation of disease; (d) development of the disease asbestosis and the clinical and pathological presentations of that disease; (e) historical perspective of asbestosis as a disease process; (f) the synergistic effect of cigarette smoking and exposure to asbestos in the disease process; (g) pulmonary abnormalities in workers due to cigarette smoking; (h) characteristics of exposure to asbestos as it applies to the disease lung cancer; (i) studies showing that asbestos is and was not a contributor of lung cancer; (j) synergistic effect of cigarette smoking and asbestos that is now well established in medical literature as it relates to cigarette enhancing effects of exposure to asbestos; (k) promoter concept of carcinogenesis with regard to lung cancer and asbestos exposure; (1) asbestosis as a marker ofheavy and prolonged exposure to asbestos; (m) the clinical and pathological presentation of mesothelioma; (n) medical state of the art review of epidemiological studies of individuals exposed to specific types of asbestos fibers; and (o) the latency period for the disease mesothelioma. 6. Mark R. Wick. M.D. University of Virginia Health System Pathology Department 301 Peacock Drive Charlottesville, Virginia 22903 Dr. Wick may testify, live or by deposition, regarding his opinions relating to the merits of Plaintiffs claims and the defenses offered by Defendants, including opinions on liability, damages, and causation issues in this case. The witness is expected to testify that any asbestos exposure of Plaintiffs allegedly attributable to Defendant was not the cause, nor did it contribute to cause Plaintiffs alleged injuries. The witness may testify that some other exposures to asbestos at other plants, was the cause of the cancer, injuries, damages and death alleged herein. The witness may gather facts, conduct research and perform tests in formulating opinions regarding causation in this case. The witness will need to gather additional facts before being able to formulate his final opinions and impressions on these several issues. He will testify regarding pathology, the effect of asbestos on human and the relationship of alleged asbestos exposure to disease generally and particularly how the exposures alleged in this case may have been the medical and/or legal cause of the injuries, damages and death alleged by Plaintiff. He may further testify about his review of the medical records, pathology and/or work history of Plaintiff and Plaintiffs medical condition, and the cause of Plaintiff s 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. He may also testify regarding the medical condition of Plaintiff based on review of medical records, x-rays. Plaintiffs experts' reports and supplemental reports and his training, experience and other special expertise. Further, he may testify concerning the increased risk, if any, faced by asbestos exposed workers and the prognosis of such individuals. He may testify as to any other matter raised by experts called by Plaintiff, any co-Defendants, or any other matter which he may be so qualified to testify. DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 13 7. Dr. James Robb Cedars Medical Center 1400 Northwest Avenue Miami, Florida 33136 (305) 325-5587 Dr. Robb is plaintiffs expert and was deposed on September 25, 2000. 8. To the extent any experts designated by other parties are allowed to testify at the trial in this matter, DuPont hereby cross designates all experts listed by all parties. 9. The following are listed by Plaintiff WELDON MOAKE as treating physicians or health care facilities where he sought treatment. To the extent any of these physicians or representatives of health care facilities are listed by Plaintiff WELDON MOAKE as experts or fact witnesses, DuPont reserves the right to call them as witnesses and to elicit opinions from them. Dr. Keil Corpus Christi, Texas Dr. M. H. Blaine 3314 South America Corpus Christi, Texas Dr. Fred B. Brackett 613 Elizabeth, Suite 612 Corpus Christi, Texas 78404 Dr. Donald L. Iden 4521 South Staples Corpus Christi, Texas 78411 Dr. David Garza Corpus Christi, Texas Dr. Charles Hedberg (Deceased) Corpus Christi, Texas T Dr. John Richard Porter 612 Elizabeth Street Corpus Christi, Texas 78404 DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 14 Dr. Paul W. Heath 1521 South Staples, Suite 704 Corpus Christi, Texas 78404 Dr. Sergio Tavares 612 Elizabeth Street, Suite 302 Corpus Christi, Texas 78404 Dr. Daniel Jackson (Deceased) Houston, Texas Dr. John R. Kelsey, Jr. Kelsey-Seabold Clinic West 1111 Augusta Drive Houston, Texas Dr. Bobby Chu 1001 Cross Timbers, Suite 1250 Flower Mound, Texas 75028 - Dr. David C. May 614 Edmonds Lane, Suite 101 Lewisville, Texas 75067 Dr. Glenn Genevese 651 Cross Timbers, Suite 104 Flower Mound, Texas 75028 Dr. Dennis Costa 475 West Elm, Suite 101 Lewisville, Texas 75057 Dr. Lyle Brown Denton, Texas Dr. Dong Moon Shin 1515 Holcombe Boulevard Houston, Texas 77030 -- Dr. Garrett L. Walsh 1515 Holcombe Boulevard Houston, Texas 77030 " DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 15 Dr. Donald E. Schwarz Presbyterian Hospital of Dallas " 8200 Walnut Hill Lane Dallas, Texas 75231 Dr. Clark Byroad 575 North Valley Parkway, Suite 100 Lewisville, Texas 75067 Dr. Katherine Pisters 1515 Holcombe Boulevard Houston, Texas 77030 Dr. Reuben Lewisville, Texas Dr. Goldberg Lewisville, Texas U. S. Army Hospital Frankfurt, Germany Spohn Memorial Hospital 2606 Hospital Boulevard Corpus Christi, Texas 78405 St. Luke's Episcopal Hospital 6720 Bertner Avenue Houston, Texas 77030 _ University of Texas M. D. Anderson Cancer Center 1515 Holcombe Boulevard, Box 506 Houston, Texas 77030 Medical Center of Lewisville 500 West Main Lewisville, Texas 75057 8. Rule 194.2(g) Disclosures Indemnity and Insurance Agreements DuPont`s First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 16 DuPont will provide for inspection and copying a list of insurance policies that, subject to their terms, including financial terms, may afford coverage for the claims asserted against it in this action. 9. Rule 194.2(h) Disclosures Settlement Agreements : None. 10. Rule 194.2(1) Disclosures Witness Statements None. 11. Rule 194.2(j) Disclosures Medical Records and Bills The records have already been provided. 12. Rule 194.2(k) Disclosures Medical Records and Bills obtained bv virtue of an authorization The records have already been provided. State Bar-No. 04861600 Dennis M. Conrad State Bar No. 04706400 S. Jan Hueber State Bar No. 20331150 Kirkley Schmidt & Cotten, L.L.P. 2700 City Center II 301 Commerce Street Fort Worth, Texas 76102-4127 (817)338-4500 . (817)335-4599 Fax Attorneys for Defendant E. I. du Pont de Nemours and Company DuPont's First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 17 ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above andforegoing was served on Plaintiffs' counsel by certified mail, return receipt requested, and a copy ofthe above was served on all other known counsel by regular U.S. mail on this the day ofSeptember, 2000. Counsel /J DuPont s First Supplemental Responses to Texas Rules Of Civil Procedure 194.2 Disclosures - Page 18