Document 9140ndbZormqa5kR25MROVvG5

PLAINTIFF'S EXHIBIT TEX-1 NO. 2000-2113 " " PABLO AGUILERA, ET AL. VS. GAF CORPORATION, ET AL. IN THE COUNTY COURT AT LAW NO. 3 EL PASO COUNTY, TEXAS DEFENDANT TEXACO INC.'S DESIGNATION OF EXPERTS SUBJECT TO MOTION TO TRANSFER VENUE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW TEXACO INC., Defendant in the above-styled and numbered cause, and makes the following its designation of expert witnesses pursuant to the Texas Rules of Civil Procedure: 1. John Pendergrass, CIH, CSP, PE 6700 Milkhouse Court Mobile, Alabama 36695 334-607-0946 Mr. Pendergrass is a certified industrial hygienist who will testify from an industrial hygiene point of view the state of the medical and scientific knowledge regarding asbestos particularly in regard to the time period involved during which the Plaintiff was allegedly on the premises of Defendant. The subject matter will also include the use of asbestos during this time period, its importance, the lack of substitute products, and the employer's responsibility pre- and post-OSHA. 2. Patrick N. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, Texas 77030 713-791-8787 Dr. Conoley is an M.D. and a "B"-reader, who will testify concerning his review of the radiographs and CT scans of the Plaintiff and the significance of various x-ray findings on the radiographs of the Plaintiff. BSR\470757 1- - 3. Dorsett Smith, M.D. 4310 Colby Avenue Everett, Washington 98203 425-259-5171 Dr. Smith is an internal medicine physician with a sub-specialty in pulmonary disease and a "B"-reader. Dr. Smith will testify concerning the state of the medical knowledge as it pertains to asbestos and disease as the knowledge has evolved over time. 4. Allen Peterson 1838 Baxter Ridge St. Louis, Missouri 63017 314-537-9084 Mr. Peterson will testify on the issue of contractor control of the worksite. 5. Dr. John Craighead Department of Pathology University of Vermont College of Medicine Burlington, Vermont 05405 802-656-2154 Dr. Craighead is an M.D. pathologist who will testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. 6. Howard E, Ayer Ayer occupational hygiene 2812 Linwood Avenue Cincinnati, Ohio 45208-2810 513-871-0146 Mr. Ayer is an industrial hygienist who will testify concerning the state of the knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. 7. Dr. William Hughson UCSD Center for Occupational & Environmental Medicine 200 West Arbor Drive San Diego, CA 92103-8800 619-220-5050 BSR\470757 2- - The subject matter on which Dr. Hughson will testify is from an epidemiological and medical standpoint as to the state of the medical and scientific knowledge as it existed from time to time and in particular in regard to the time period involved in the alleged exposures in this case and other matters, 8. J. LeRoy Balzer 408 Horse Trail Court Alamo, California 94507 925-274-0826 ~ Mr. Balzer is an industrial hygienist who will testify concerning the state of the industrial hygiene knowledge concerning asbestos as it has existed from time to time and the availability of substitute products. 9. Frances W. Weir, Ph.D. 5629 FM 1960 West #340 Houston, Texas 77069 281-893-4003 Dr. Weir is an industrial hygienist who will testify concerning the state of the knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. 10. Dr. Gail D. Stockman 701 East Marshall #502 Longview, Texas 75601 903-753-0787 Dr. Stockman is a pulmonologist who will testify concerning the effects of asbestos on the human body and possibly concerning her examination of the Plaintiff in this case. 11. Dr. Philip T. Cagle Center for Pulmonary Pathology Department of Pathology One Baylor Plaza Houston, Texas 77030 Dr. Cagle is a pathologist who will testify concerning the pathological examination of tissue and the relationship of certain cancers to asbestos exposure. 12. Dr. Andrew Churg Department of Pathology University of British Columbia 2212 Westbrook Mall Vancouver, British Columbia V6T1W5 604-732-0186 BSR\470757 -3 - Dr. Churg is a pathologist who will testify concerning the pathological examination of tissue and the relationship of certain cancers to asbestos exposure. 13. Dr. Hans Weill 755 Hearthstone Drive Basalt, Colorado 81621 970-927-9321 - Dr. Weill is an M.D. pulmonologist who will testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. 14. Dr. Janet M. Hughes School of Medicine Tulane University 1700 Perdido Street New Orleans, Louisiana 70112 504-588-5265 Dr. Hughes is an M.D. pulmonologist who will testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. 15. Dr. Elliot Henkies 301 N. Prairie, #311 Inglewood, California 90301 310-674-0050 Dr. Henkies is a pulmonologist and oncologist who will testify concerning the state of the medical knowledge as it has existed from time to time and the medical conditions of the Plaintiffs and their causes including the relationship of cigarette smoking. 16. Joseph F. Frantz The Frantz Company 14019 Southwest Freeway, Suite 301 Sugar Land, Texas 77478 Dr. Frantz is knowledgeable concerning the use of asbestos insulation and the alternatives therefor. Dr. Frantz will also testify that it was not until the late 1960s or early 1970s that substitutes for asbestos products were developed. BSR\470757 4- - 17. Kathryn Hale, M..D Baylor College of Medicine 6550 Fannin Smith Tower, Suite 1236 Houston, TX 77030 713-790-2076 - Dr. Hale is a pulmonologist who will testify concerning the effects of asbestos on the human body and possibly concerning her examination of the Plaintiff in this case. 18. Lawrence R. Birkner McKintyre Birkner & Associates, Inc. Thousand Oaks, California 805-494-8173 Dr. Birkner will testify in the field of industrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. 19. James O. Rasmuson Chemistry and Industrial Hygiene, Inc. 4251 Kippling, Suite 110 Wheat Ridge, CO 80033 303-420-8242 . Mr. Rasmuson will testify in the field of industrial hygiene and toxicology and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. 20. Robert Marshall Ross, M.D. 2202 Sunset Blvd. Houston, TX 77005 713-526-6470 Dr. Ross may testify in the field of pulmonary medicine and the results of his examination of the Plaintiff. 21. Robert J. Awe, M.D. Baylor College of Medicine Ben Taub General Hospital 1504 Taub Loop Houston, TX 77030 713-793-2467 BSRV470757 5- - Dr. Awe will testify in the field of internal and pulmonary medicine and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. 22. Jack E. Peterson, P.E. Peterson Associates 2830 Via Viejas Oeste Alpine, CA 91901 619-445-9668 - Dr. Peterson will testify in the field of industrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. 23. Peter J. Barrett, M.D. 10 Martin's Lane Hingham, MA 24043 617-749-5876 Dr. Barrett is currently a Staff Radiologist and former Chairman of P ology Department and President of the medical staff at Quincy City Hospital, Quincy, Massachusetts. He is also Director of Radiologic Services at the Massachusetts Respiratory Hospital in Braintree. He is board certified in diagnostic radiology and nuclear medicine and has been a "B" reader from NIOSH since 1984. He is a fellow of the American College of Radiology and a member of the American Roentgen Ray Society, the American Thoracic Society, and the Massachusetts Radiological Society in which he has held several offices including the president 1977-1978. He has been a consultant to the U.S. government regarding asbestos concerns and a consultant to the Department of Labor Black Lung Program. Dr. Barrett will testify concerning the significance of asbestos related abnormalities and neoplastic disease, that asbestos related pleural plaques have no relationship to any type of neoplasm and do not represent asbestosis. He will testify based upon his review of the radiographs as to the presence or absence of radiographic abnormalities related to asbestos in the Plaintiff and that not all alleged mesotheliomas can be attributed to asbestos exposure but that some mesotheliomas are in fact idiopathic in nature. He will testify concerning the dose needed to cause malignant mesothelioma in general and the difficulty in making pathologic diagnosis of mesothelioma. 24. James D. Crapo, M.D. National Jewish Medical and Research Center 1400 Jackson Street Denver, CO 80206 (303)398-1436 Dr. Crapo received a Bachelor of Science degree from Brigham Young University in 1967 and his medical degree from the University of Rochester, New York, in 1971. He taught medicine for many years at Duke University in Durham, North Carolina. Dr. Crapo is board BSRW70757 6- - certified in interna! medicine with a sub-specialty certification in pulmonary disease. He presently practices medicine at the National Jewish Medical Center in Denver, Colorado, and teaches at the University of Colorado Health Science Center. Dr. Crapo is a fellow of the American Thoracic Society, the American College of Chest Physicians, and other professional organizations. Dr. Crapo may testify live or by deposition at trial in this matter. Dr. Crapo is expected to testify about the pulmonary aspects of asbestos exposure, including matters such a dose response, pathogenicity, carcinogenicity and the potential for asbestosrelated disease as a result of exposure to the different types of fiber. Dr. Crapo is also expected to testify as to general medical issues and physiology. Dr. Crapo's testimony is based in part on the personal knowledge of relevant facts, but he also possesses general expertise in his field based upon specialized knowledge, skills and training. Dr. Crapo is expected to testify about alleged occupational exposure - as described by Plaintiff and Plaintiffs witnesses - and whether such exposure occurred for a sufficient period of time and in a sufficient dose to be of medical consequence, and whether such exposure cou ;e considered a substantial contributing factor to Plaintiffs alleged disease. In connectic nth this, based on his own experience and a review of the medical, scientific and/or technical literature and the opinions and. conclusions contained in that literature, Dr. Crapo will provide historical state-of-the-art testimony on the gradual development of knowledge within the medical profession of the asbestos-related illnesses. Dr. Crapo may provide testimony regarding the reasonableness of Defendant's usage and control of asbestos ,at its premises from a medical standpoint, based on the developing state of medical knowledge concerning asbestos overtime. Dr. Crapo is expected to testify about the principles of epidemiologic and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr, Crapo is expected to testify as to the information necessary to determine whether a group of people or persons are at risk for contracting an asbestos-related disease and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Crapo is expected to discuss epidemiological analysis of asbestos-related disease in the context of given levels of exposure, and to discuss how such analysis may be applied to the evidence regarding the Plaintiff in this case. Finally, Dr. Crapo may testify regarding Plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Crapo may also testify regarding the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Crapo may also testify about any matter raised by experts called by Plaintiff or any Co-defendant, to include but not limited to Plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. BSRV470757 7- - 25. Gregory H. Foster, M.D. 6808 Helen Court Plano, TX 75023 Dr. Foster is a pulmonologist who will testify concerning the effects of asbestos on the human body and his testimony will possibly concern his examination of the Plaintiff. 26. Scott G. Donaldson, M.D. 3108 Kennison Ct. Plano, Texas 75093 214-680-0666 Dr. Donaldson is a pulmonologist who will testify concerning the effects of asbestos on the human body and his testimony will possibly concern his examination of the Plaintiff. 27. Sam Cade, M.D. Baylor University Medical Center, Department of Radiology 3500 Gaston Avenue Dallas, TX 75246 214-820-3219 Dr. Cade is an M.D. and a "B"-reader, who will testify concerning his review of the radiographs and CT scans of the Plaintiff in this case and the significance of various x-ray findings on the radiographs of the Plaintiff. 28. John R. Holcomb, M.D. 4410 Memorial Drive, Suite 440 San Antonio, Texas 78229 (210) 692-9400 Dr. Holcomb is a medical doctor with a specialty in pulmonary medicine, who will examine the Plaintiff, and his opinions are stated in the report to be provided when available. The subject matter on which Dr. Holcomb will testify concerns the pulmonary condition of the Plaintiff based upon his examination, x-rays, and tests performed that Plaintiff does not have asbestos-related disease and that he is not likely to develop asbestos-related malignancies, based upon the valid medical and scientific literature. 29. Dr. John Pettigrove 7121 South Padre Island Drive Suite 300 Corpus Christi, TX 361-696-6163 or 6162 Dr. Pettigrove is a medical doctor with a specialty in pulmonary medicine. The subject matter on which Dr. Pettigrove is expected to testify concerns the pulmonary condition of BSR\470757 8- - the Plaintiff based upon his examination, x-rays, and tests performed, that the Plaintiff does not have asbestos-related disease and is not likely to develop an asbestos-related malignancy, based upon the valid medical and scientific literature. 30. Dr. William Burgin 2601 Hospital Blvd. Corpus Christi, Texas 78405 ~ Dr. Burgin is a medical doctor with a specialty in pulmonary medicine. The subject matter on which Dr. Burgin is expected to testify concerns the pulmonary condition of the Plaintiff based upon his examination, x-rays, and tests performed. 31. Mark R. Wick, MD, FCAP University of Virginia Health System Department of Pathology Box 214 O.M.S. Bldg., Room 2882 Charlottesville, VA 22908 804-924-9038 Dr. Wick will testify that based on his examination of the pathological tissue regarding Plaintiff and based on the medical and scientific literature that a certain percentage of mesotheliomas are idiopathic in nature and cannot be attributed to asbestos exposure. Dr. Wick will testify concerning his examination of pathological tissues and conclusions based thereon as to the relationship of any malignancy to asbestos exposure. 32. Arthur A. Cohen, M.D. Curie Medical Building 1733 Curie Drive, Suite 309 El Paso, TX 79902 915-533-9388 Dr. Cohen is a medical doctor in pulmonary medicine. The subject matter on which Dr. Cohen is expected to testify concerns the pulmonary condition of the Plaintiff based upon his examination, x-rays and tests performed. 33. Ronald Richards 15877 West Laurel Canyon Court Surprise, Arizona 85374 602-546-7811 Mr. Richards is a retired industrial hygienist for Texaco who is knowledgeable about asbestos issues for Texaco. BSRV470757 9- - 34. James L. Castille CIH, CSP 2709 Miller Street Port Neches, TX 77651 409-727-0691 Mr. Castille was an industrial hygienist at the Texaco Port Arthur plant beginning in the early 1970s and is knowledgeable about the industrial hygiene issues at Texaco facilities, including asbestos. Defendant also designates the following depositions taken in previous litigation which may contain opinions constituting expert knowledge and opinions: 1. Joe Shrode in the case of Claude J. Tomplait v. Combustion Engineering, et al.\ U.S. District Court for the Eastern District of Texas, Beaumont Division; and/or in Samuel R. Porter v. Fibreboard Corporation, et aL, also in the U.S. District Court for the Eastern District of Texas, Beaumont Divisi -n, and/or Mr. Shrode's deposition testimony in the Clarence Borel trial, also in the U.S. District Court for the Eastern District of Texas 2. Dr. Corwin Hinshaw, expert regarding state of the medical art, in the cases of Jimmie L. Vaughan v. Johns-Manville, CA-3-01-0070-F, USDC, N.D. Tex; Antonio Mendoza, etaL v* Fibreboard Corporation, etaL, CA-2-80-006, USDC, N.D. Tex; In Re: Related Asbestos Cases, C-83-6251-RFP, USDC, N.D. Calif 3. Andrew T. Haas in the cases of Barsft v. Keene Corp., et al., 1986; and Jackie R. Starnes, et ux vs. Combustion Engineering Inc., et al.. No. 2-75-122, USDC, Eastern District of Tennessee, Northeastern Division, Knoxville, Tennessee, deposition testimony May 10,1976 4. Roy Steinfurth in the case ofJackie R. Starnes v. Combustion Engineering Inc., et al. No. 2-75-122, USDC, Eastern District of Tennessee, Northeastern Division, Knoxville, Tennessee, deposition testimony May 10, 1976 5. Dr. Stephen M. Ayres in the cases ofJames F. Srite v. A. C. & S., Inc., trial testimony taken April 26, 1991; and Lloyd Galveston 82, Cause No. 6-82-344, June 11,1987 6. Dr. Kenneth Wallace Smith in the case of James Roy DeRocco & Andrew v. Carollo v, Forty-eight Insulation,Inc., et al.; In the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Action No. 7880, July Term, 1974 7. William Nicholson in Cause No. B-126,986; Russell Allen, et at vs. American Petrofina, Inc., etaL; In the 60Eh Judicial District Court of Jefferson County, Texas 8. Stephen Levine in Cause No. B-l 26,986; Russell Allen, etaL vs. American Petrofina, Inc., et aL; In the 60th Judicial District Court of Jefferson County, Texas. BSR\470757 - 10- Respectfully submitted. HAYS, McjpONN, IJICE & PICKERING BY^ BSt^phen Rice TSB No. 16838000 1200 Smith Street, Suite 400 Houston, Texas 77002 713-654-1111 713-655-9212-fax Attorney for Defendant TEXACO INC, CERTIFICATE OF SERVICE I hereby certify that a true and correct hopy of the foregoing instrumen] to counsel for Plaintiff by, certified mail, return receipt requested, and to aj by regular mail, on this day of ^ 0. T20Q0. ;en forwarded sel of record B. Stephen BSRX470757 - 11 -