Document 9JpBw09apy3BwBp1QZQaQg8JV

CAUSE NO. 12540*BHOO EDWARD J. LAMBERT IN THE WSfRICT COURT dft* VS. BRAZORIA COUNTY, TEXAS PROKO INDUSTRIES, INC., ET AL. 23RD JUDICIAL DISTRICT DEFENDANT PHARMACIA CORPORATION'S, f/k/a MONSANTO COMPANY, RESPONSE TO PLAINTIFF-INTERVENORS' REQUEST FOR DISCLOSURE UNDER RULE 194 TO: Plaintiff, by and through his attorneys of record, Stephanie Finch and Holly Huart, Baron & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Pursuant to Tex. R. Civ. P. 194, Defendant Pharmacia Corporation, formerly known as Monsanto Company, (hereinafter referred to as "Pharmacia") serves this Response to Plaintiffs Request for Disclosure. (a) The correct names of the parties to the lawsuit. Answer: This Defendant's correct name is Pharmacia Corporation. Pharmacia Corporation was formerly known as Monsanto Company. Pharmacia has no personal knowledge regarding the correct names of other parties to this suit. (b) The name, address and telephone number of any potential parties. Answer: Unknown at this time. (c) The legal theories and, in general, the factual bases of the responding party's claims or defenses. Answer: Discovery is not complete at this time and Pharmacia is still in the process of developing the facts in the case as well as its legal theories. However, at this time, Pharmacia's defense is based upon the following legal theories: a. The plaintiff is not entitled to damages because he does not suffer from an asbestos-related disease. 22454\221\1S4468_1 b. Pharmacia is not responsible for any alleged asbestos-related injury claimed by the Plaintiff or his decedents because, to the extent the Plaintiff or his decedents were ever on a Pharmacia premises, they were not exposed to asbestos fibers in sufficient concentration and for sufficient duration to have caused or contributed to the development of any asbestos-related disease. Therefore, exposure to asbestos on a Pharmacia premises was neither a cause in fact nor a proximate cause of the Plaintiffs alleged injuries. c. Pharmacia was never an employer of the Plaintiff or his decedents. Asbestos manufacturers or insulation contractors, not Pharmacia, supplied the asbestos-containing products used on Pharmacia's premises. Pharmacia was simply one of many job sites at which the Plaintiff or his decedents worked. As such, Pharmacia owed no legal duty toward the Plaintiff or his decedents and cannot be liable under a theory of negligence or gross negligence. d. Because Pharmacia did not manufacture or supply the asbestos-containing products to which the Plaintiff or his decedents claim exposure, Pharmacia cannot be liable under a theory of strict products liability. e. Based on the state of knowledge existing during the relevant time period, Pharmacia reasonably believed that workers on its premises were not exposed to unsafe levels ofasbestos fibers. Furthermore, at all relevant times Pharmacia acted reasonably, met or exceeded the appropriate standard ofcare for the circumstances and, therefore, was not negligent. 22454\221\IS4468_1 2 f. To the extent Plaintiffor his decedents have suffered damages, such damages were caused by the acts, conduct or omissions of persons or entities other than Pharmacia and over whom Pharmacia has/had no control, g. Plaintiffs claims are barred by the doctrine of laches and by the statute of limitations. (d) The amount and any method of calculating economic damages. Answer: N/A. (e) The name, address and telephone number ofpersons having knowledge ofrelevant facts, and a brief statement of each identified person's connection with the case. Answer: Based on the pleadings and discovery served by Plaintiff, at this time Defendant Pharmacia Corporation responds as follows, but reserves the right to amend the following as discovery progresses and the facts of the case develop: Dr. R. Emmet Kelly (now deceased) By prior deposition and/or trial testimony in: Schmidt, et al v. AC&S, et al.; No. D-145,280; 136th Judicial District Court of Jefferson County, Texas Major, et al v. ALCO Standard Corp., et al.;No. 93-CV-315; U.S. District Court for the Eastern District of Texas Bush, et al. v. Appalachian Power Co., et al.; No. 91-C-157, Putnam County, Texas Smith, etal. v. Monsanto Company, etal.;C.A. No. 2 91-0524; U.S. District Court, Southern District of West Virginia at Charleston Corporate medical doctor 1946-1974 Dr. George Roush (now deceased) 10 Babler Lane St. Louis, MO 63124 (314) 997-2234 Corporate medical doctor 1975-1988 22454\221\154468_1 3 Dr. Barry R. D. Friedlander Exxon BioMedical Sciences Mettlers Road CN 2350 East Milstone, NJ 08875 Corporate medical doctor 1988-1994 Messrs. Kelly, Roush and Friedlander were corporate medical doctors in Defendant's corporation headquarters and are expected to have knowledge of Defendant's corporate medical practices, procedures, and policies, as well as the general knowledge of corporate medical directors. Dr. Jay W. O'Biyant Beeler-Manske Clinic 818 5th Street North Texas City, Texas 77590 (409) 948-8521 Dr. O'Bryant is a physician who was engaged and consulted by Defendant relating to medical matters at Defendant's Texas City plant from 1946 until 1986. Dr. James Rau 1203 South Hill Alvin, Texas 77511 (713) 331-3591 Dr. William McDaniel 400 Hillje Street Alvin, Texas 77511 (713)331-3591 Drs. Rau and McDaniel are physicians who were engaged and consulted by Pharmacia's Chocolate Bayou plant in Alvin, Texas relating to medical matters at Pharmacia's Chocolate Bayou plant from 1962 until 1988. Dr. William Gaffey 11269 Pineside Drive St. Louis, Missouri 63146 Dr. Gaffey was Defendant's corporate epidemiology director from 1979 until 1989 at Defendant's headquarters in St. Louis, MO. 22454\221\154468_1 4 Elmer Wheeler (deceased) Jack T. Garrett (deceased) By prior deposition testimony in: Schmidt, et al. v. AC&S, et air. No. D-145,280; 136* Judicial District Court of Jefferson County, Texas Carl Bohl 455 Wildewood Parkway Ballwin, Missouri 63011 Bruce W. Eley Solutia, Inc. 575 Maryville Centre Drive, 6 North St. Louis, Missouri 63141 John L. Henshaw Solutia, Inc. 575 Maryville Centre Drive St. Louis, Missouri 63141 Paul Easterday c/o Defendant Company 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Messrs. Wheeler, Garrett, and Henshaw are former directors of Defendant's corporate industrial hygiene department in St. Louis, Missouri. Mr. Wheeler served in that capacity from 1947 until 1974; he is now deceased. Mr. Garrett served in that capacity from 1974 until 1985. Mr. Henshaw served in that capacity from 1985 until 1991. Mr. Easterday has served as the director in charge of Defendant's corporate industrial hygiene department from 1991 until the present date. Mr. Eley served as a senior industrial hygienist and a manager ofindustrial hygiene in Defendant's corporate headquarters in St. Louis, Missouri from 1971 until 1987. Mr. Bohl served as an industrial hygienist in Pharmacia's corporate headquarters from 1966 to 1991 and is believed to have occasionally visited Pharmacia's Texas facilities. Messrs. Wheeler, Garrett, Henshaw, Easterday, Bohl and Eley are expected to have knowledge of Defendant's corporate-wide industrial hygiene practices and policies. John E. Fox HC64 Box 605 Harper, Texas 78631-9407 (210) 669-2744 224S4\221\154468_1 5 Dan Campbell Route 1, Box 218 Mt. Enterprise, Texas 75681 (903) 822-3837 Mr. Fox and Mr. Campbell provided industrial hygiene services at Pharmacia's Texas City plant. Mr. Fox provided those services from the late 1950's until 1985 and Mr. Campbell served as the plant industrial hygienist from 1985 until August 1986, when the Texas City plant was sold to Sterling Chemicals. Further, Mr. Garrett (see above) provided industrial hygiene services for the Texas City plant from the 1950's until the 1970's or 1980's. Messrs. Fox, Garrett and Campbell are expected to have knowledge ofthe industrial hygiene policies and practices at the Texas City plant. Donald L. Meade c/o Pharmacia Corporation FM Road 2917 (Mortenson Road) Alvin, Texas 77512 James C. Edwards 2418 Bay Crest Houston, Texas 77058 (713)333-5134 Jacqueline Gaul Peterson c/o Pharmacia Corporation 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Frank J. Bryant c/o Pharmacia Corporation FM Road 2917 (Mortensen Road) Alvin, Texas 77512 Mr. Meade, Mr. Edwards and Ms. Peterson were industrial hygienists at Pharmacia's Chocolate Bayou plant in Alvin, Texas. Mr. Bryant is the current industrial hygienist in the plant. Mr. Meade served in that capacity from 1977 until 1979. Mr. Edwards served in that capacity from 1980 until 1981. Ms. Peterson served in that capacity from 1982 until 1986. Mr. Bryant has served in that capacity since 1986. Prior to 1977, industrial hygiene services at the Chocolate Bayou Plant were provided by Mr. Garrett (see above) and Mr. Fox (see above). Mr. Meade, Mr. Edwards, Ms. Peterson, Mr. Garrett, Mr. Fox, and Mr. Bryant are expected to have knowledge of the industrial hygiene practices and policies at Pharmacia's Chocolate Bayou Plant. Harry Lundin (address and telephone number unknown) 22454\221\154468_1 6 George Gorbell 456 Hill Trail St. Louis, Missouri 63011 (314) 256-0585 Russell Miller 17 Taylor Woods St. Louis, Missouri 63122 (314) 821-6747 Ray Witter 12746 Spruce Pond Road St. Louis, Missouri 63131 (314) 567-4124 Vincent Boyen 14592 White Birch Valley Lane St. Louis, Missouri 63017 Messrs. Lundin, Gorbell, Miller, Witter and Boyen are former Pharmacia corporate safety department directors. Mr. Lundin served in that capacity from 1942 until 1946. Mr. Gorbell served in that capacity from 1947 until 1965. Mr. Miller served in that capacity from 1965 until 1978. Mr. Witter served in that capacity from 1978 until 1986. Mr. Boyen served in that capacity from 1986 until 1991. These gentlemen are expected to have knowledge of Defendant's corporate safety practices, policies and procedures. W. B. Stallings (address and telephone number unknown) Safety Director 1947-1956 Charles Gilmore 3409 Nottingham Drive College Station, Texas 77845 (409) 696-1905 Safety Director 1956-1975 John Arnold Glass 1908 16th Street North Texas City, Texas 77590 (409) 945-2986 Safety Director 1975-1984 22454\221\1S4468_1 7 Robert Hammann 816 24th Avenue North Texas City, Texas 77590 Safety Director 1984-1985 John Wilbeck Route 4,249 Pecan Estates Angleton, Texas 77515 Safety Director 1985 Jacqueline Gaul Peterson c/o Defendant Company 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Safety Director 1985-1986 These individuals are former safety department and/or loss prevention department personnel at Defendant's Texas City plant in Texas City, Texas. They are expected to have knowledge of the safety practices, policies and procedures in place at Defendant's Texas City Plant. Albert James Fiske (address and telephone number unknown) Safety Department 1961-1963 George F. Korkmas 405 Riverside Drive Alvin, Texas 77511 Safety Department 1963-1966 James L. Kilby c/o Pharmacia Corporation 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Safety Department 1966-1968 Willard W. Vamado 6820 Cypress Point Austin, Texas 78746 Safety Department 1968-1969 Francis H. Dupre 15 Spring Lake Court St. Charles, Missouri 63303 Safety Department 1969-1970 and 1975-1978 22454\221\154468_1 8 Douglas K. Stephens 1116 Deats Road Dickinson, Texas 77536 Safety Department 1970-1971 Charles H. McComb do Pharmacia Corporation FM Road 2917 (Mortenson Road) Alvin, Texas 77510 Safety Department 1971-1973 James C. Edwards 2418 Bay Crest Houston, Texas 77058 Safety Department 1973-1975 Stephen L. Nevarez Route 4,116 Oak Manor Alvin, Texas 77511 Safety Department 1978-1979 Donald A. McKee Route 1, Box 150 Manvel, Texas 77578 Safety Department 1979-1980 John C. Usrey P. O. Box 639 Alvin, Texas 77512 Safety Department 1980-1984 G. John Wilbeck Route 4,249 Pecan Estates Angleton, Texas 77515 Safety Department 1984-1994 These individuals are former or current safety department personnel and directors for Pharmacia's Chocolate Bayou Plant in Alvin, Texas. They are expected to have knowledge ofthe policies, safety practices and procedures in place at Pharmacia's Chocolate Bayou Plant. John Tissue Route 1, Box 366 Somerville, TX 77879 Mr. Tissue worked in the purchasing departments ofDefendant's Texas City Plant, Chocolate Bayou 22454\221\154468_1 9 Plant, and a former subsidiary, Lion Oil Company from the late 1950's until the late 1980's. As such, Mr. Tissue is expected to have knowledge concerning Defendant's purchasing practices and policies, including the purchase ofasbestos-containing materials, relating to Defendant's Texas City Plant, Chocolate Bayou Plant and the former Lion Oil Company facilities in El Dorado, Arkansas. Vernon Mapes 4280 Lakewood Livingston, Texas 77351 (409) 967-0030 Sherman M. Jones 4114 South Acres Drive Houston, Texas 77047 Bill Bums (believed to be deceased) (address and telephone number unknown) J. B. Thrash P. O. Box 151 Apple Springs, Texas 75926 (409) 831-2950 John Elliott 3814 South Fairview Orange, Texas 77630 (409) 886-8302 A.J. Bourgeois 1025 24th Avenue North Texas City, Texas 77590 (409) 945-2489 L. W. Bryant Address Unknown E. M. Wheeler Address Unknown D. H. Chapman Address Unknown W. R. Merrill Address Unknown 22454\221\154468_1 10 B. L. Vines Address Unknown William Bean 2214 21st Avenue N. Texas City, Texas 77590 Doyle Beard 2221 23rd Street N. Santa Fe, Texas 77517 409/327-7854 Clarence J. Cyr 2022 Evergreen Lane La Marque, Texas 77568 Glenn O. Eirdman Address Unknown Robert F. Frankavich P.O. Box 1024 Texas City, Texas 77592 Raymond F. Guidry, Jr. P.O. Box Drawer 3489 Texas City, Texas 77592 Daniel J. Hogan, III 2707 22nd Avenue N. Texas City, Texas 77590 Billy Joe Howard c/o Shirley Howard, P.O.A. P.O. Box 666 Santa Fe, Texas 77510 Robert R. Long 421 24th Ave. N. Texas City, Texas 77590 Donald E. Lonsford Address Unknown 22454\221\154468_1 Joe Don Lowe 14108 German Road Bucyrus, MO 65444 Albert Allen McClintock Address Unknown Jimmy C. Overturf 4010 Avenue E Santa Fe, Texas 77510 409/925-1110 Joe H. Skipper 118 20th Avenue, N. Texas City, Texas 77590 Edward L. Smith 510 21st Avenue N. Texas City, Texas 77590 Timothy P. Spencer Box 289 Arcadia, Texas 77517 409/925-6160 Clarence W. Trahan 2709 19th Avenue N. Texas City, Texas 77590 These gentlemen were, or are believed to have been, insulation installers and/or foremen at Defendant's Texas City plant. As such, they are believed to have knowledge of the insulation products used, as well as the installation practices, procedures, and policies ofDefendant regarding the installation ofinsulation, and the use and availability ofsafety equipment and the safety practices of employees who may have installed insulation products at the Texas City Plant. Gordon Dillon 2718 Fairfield Ave. Texas City, Texas 77590 (409) 948-3750 Mr. Dillon was a safety inspector at Defendant's Texas City plant. Defendant will continue to supplement in accordance with the Tex. R. Civ. P. Also, Defendant presumes that Plaintiff has knowledge of facts relevant to his claims against this Defendant. 22454\221\1S4468_1 12 (f) Testifying expert witness information. Answer: Pharmacia hereby designates the following persons who may be called as expert witnesses and (1) who have been retained by Pharmacia and/or other Defendants in this cause, or (2) who may provide testimony in the nature of expert or opinion type testimony despite the fact that they are not "retained experts". 1. Dr. John Craighead Department of Pathology University of Vermont College of Medicine Burlington, Vermont 05405 (802) 425-3480 Dr. Craighead is a medical doctor and pathologist and may testify concerning the state of medical knowledge, at relevant points in time, regarding the effects of exposure to asbestos. 2. Mr. John A. Pendergrass 6700 Milkhouse Court Mobile, Alabama 36695 Mr. Pendergrass is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness ofreliance upon established acceptable and safe levels of exposure to asbestos. 3. J. LeRoy Balzer, Ph.D. 408 Horse Trail Ct. Alamo, California 94556 Dr. Balzer is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness of reliance upon established acceptable and safe levels of exposure to asbestos. 4. B. K. Kwon, M.S.P.H. 601 Montrose Rd., Suite 509 Rockville, MD 20852 Mr. Kwon is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning 22454\221\154468_1 13 exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness of reliance upon established acceptable and safe levels of exposure to asbestos. 5. Mr. Lawrence R. Birkner, CIH, CSP 2026 El Monte Drive Thousand Oaks, CA 91362 (805) 494-8173 Mr. Birkner is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness ofreliance upon established acceptable and safe levels of exposure to asbestos. 6. James T. Knorpp, PE, CSP 2149 Misty's Run Keller, TX (817)379-0840 Mr. Knorpp is a safety professional and professional engineer and may testify concerning his education, training and experience, as well as his factual observations and mental impressions and opinions and the basis for them, in the following areas: the creation, role and significance of OSHA, and relevant rules and regulations, concerning asbestos products in the work place; the process ofestablishing, historical development, and significance of maximum allowable concentrations, permissible exposure limits, threshold limit values, regulatory standards, and similar concepts, in general and specifically with regard to asbestos at relevant times and the reasonableness of reliance upon established acceptable and safe levels of exposure to asbestos; employer's responsibility for employee/worker work site conditions and safety, including the employer's role in connection with OSHA. Mr. Knorpp may also testify regarding matters in response to testimony of Plaintiffs experts. 7. Dr. Mark R. Wick, M.D., FCAP University of Virginia Health System Department of Pathology Box 214 O.M.S. Building, Room 2882 Charlottesville, VA 22908 (804) 924-9038 Dr. Wick is a medical doctor and pathologist and may testify concerning his education, training and experience, as well as his factual observations and mental impressions and opinions and the basis therefor, in the following areas: historical developments regarding asbestos utilization; medical aspects of asbestos-related 224S4\221\154468_1 14 diseases; state of the art in medicine and state of medical knowledge, at relevant points in time, concerning asbestos and asbestos exposure and the effects thereof; relevant medical and scientific literature; the diagnostic criteria used to diagnose asbestos-related diseases; the relative risk, as well as reasonably perceived risk during relevant periods oftime, from various levels ofpotential exposure to asbestos, as well as particular type of asbestos fiber involved; existence of a dose-response relationship and the concept ofthreshold levels for asbestos-related diseases; and the rate of occurrence or incidence of certain diseases in given populations. Dr. Wick may also review Plaintiffs medical records and may also review, examine and/or analyze pathology material, including tissue samples and/or blocks and/or slides, and may opine as to the appropriate diagnosis ofPlaintiffs alleged disease as well as its etiology. Dr. Wick may also testify regarding matters in response to testimony of Plaintiffs experts. 8. Dr. William L. Dyson, Ph.D, CIH Workplace Hygiene, L.L.C. 1022 Jefferson Road P.O. Box 49176 Greensboro, NC 27410-1642 Dr. Dyson is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness of reliance upon established acceptable and safe levels of exposure to asbestos. 9. Dr. Patrick N. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, TX 77030 Dr. Conoley is an M.D. and a "B" reader, who may testify concerning his review of 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. 10. Dr. Peter J. Barrett, M.D. 10 Martin's Lane Hingham, MA 24043 (617) 749-5876 Dr. Barrett is an M.D., is board certified in diagnostic radiology and nuclear medicine and has been a "B" reader fromNIOSH since 1984. Dr. Barrett may testify concerning the significance ofasbestos related abnormalities and neoplastic disease based upon his review of the radiographs of Plaintiff as to the presence or absence of radiographic abnormalities related to asbestos and the significance of same. 22454\221\154468_1 15 11. Dr. Gail D. Stockman 703 East Marshall Avenue, Suite 4002 Longview, Texas 75601 (903) 753-0787 Dr. Stockman may testify regarding the pulmonary diseases and illnesses alleged by Plaintiff. More specifically, Dr. Stockman may testify regarding specific medical complaints and history of Plaintiff and whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of this Defendant. Dr. Stockman may address issues regarding alleged medical risks to Plaintiff in the future due to Plaintiffs alleged exposure to materials from the premises of this Defendant. Dr. Stockman may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 12. Mr. Kim Bloom, M.D. 6550 Fannin, Suite 2403 Houston, Texas 77030 (713) 790-6250 Dr. Bloom is a specialist in pulmonary diseases and a certified B-reader. He may testify regarding specific medical complaints and history of Plaintiff and whether those complaints could be or were caused by any alleged exposure to materials from the premises of this Defendant. Dr. Bloom may also testify regarding alleged medical risks to Plaintiff in the future and the effects of the alleged illnesses and diseases on Plaintiff in the past and in the future. Dr. Bloom may also offer testimony in response to the reports or testimony offered by Plaintiffs experts. 13. Robert M. Ross, M.D. 6550 Fannin Street, Suite 2403 Houston, Texas 77030 (713) 383-6100 (phone) (713) 383-6103 (fax) Dr. Ross is a specialist in pulmonary diseases and a certified B-reader. He may testify regarding specific medical complaints and history of Plaintiff and whether those complaints could be or were caused by any alleged exposure to materials from the premises ofthis Defendant. Dr. Ross may also testify regarding alleged medical risks to Plaintiff in the future and the effects ofthe alleged illnesses and diseases on Plaintiff in the past and in the future. Dr. Ross may also offer testimony in response to the reports or testimony offered by Plaintiffs experts. 14. Venessa Ann Holland, M.D., MPH, P.A. Environmental Pulmonary Consultants 7515 S. Main Street, Suite 670 Houston, Texas 77030 224S4\221\154468_1 16 (713) 799-2224 (Telephone) (713) 799-2225 (Facsimile) Dr. Holland may testify regarding the pulmonary diseases and illnesses alleged by Plaintiff. More specifically, Dr. Holland may testify regarding specific medical complaints and history of Plaintiff and whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of this Defendant. Dr. Holland may address issues regarding alleged medical risks to Plaintiff in the future due to Plaintiffs alleged exposure to materials from the premises of this Defendant. Dr. Holland may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 15. Gregory H. Foster, M.D., F.C.C.P Pulmonary/Critical Care 375 Municipal Drive, Suite 218 Richardson, Texas 75080 (972) 680-0666 (972) 680-2499 (fax) Dr. Foster may testify regarding the pulmonary diseases and illnesses alleged by Plaintiff. More specifically, Dr. Foster may testify regarding specific medical complaints and history of Plaintiff and whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of this Defendant. Dr. Foster may address issues regarding alleged medical risks to Plaintiff in the future due to Plaintiffs alleged exposure to materials from the premises of this Defendant. Dr. Foster may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 16. Kathryn A. Hale, M.D. 6550 Fannin Street Smith Tower, Suite 1236 Houston, Texas 77030 (713) 790-2076 (Telephone) (713) 790-3648 (Facsimile) Dr. Hale is a specialist in pulmonary diseases and may testify regarding the pulmonary diseases and illnesses alleged by Plaintiff. More specifically, Dr. Hale may testify regarding specific medical complaints and history of Plaintiff and whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of this Defendant. Dr. Hale may address issues regarding alleged medical risks to Plaintiff in the future due to Plaintiffs alleged exposure to materials from the premises of this Defendant. Dr. Hale may offer testimony in response to any reports or testimony offered by Plaintiffs experts. Pharmacia also designates the following witnesses to testify through their deposition and/or 22454\221\154468_1 17 trial testimony from other cases: 1. Dr. Emmett Kelly testified by deposition, and at trial, in the case of Rita Mae Schmidt, et al. v. A.C. & S., et al.; No. D-145,280; In the District Court ofJefferson County, Texas; 136th Judicial District. Dr. Kelly's testimony, both at trial, and on deposition, is designated here only to the extent that he gave expert or opinion type testimony in that deposition. 2. Mr. Jack T. Garrett in the case of Rita Mae Schmidt, et al. v. A.C. & S., et al.; No. D-145,280; In the District Court ofJefferson County, Texas; 136th Judicial District. Mr. Garrett's deposition testimony is designated here only to the extent that he gave expert or opinion type testimony in that deposition. 3. Joe Shrode in the case ofClaude 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 Division, 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. 4. Dr. Corwin Hinshaw, expert regarding state ofthe medical art, in the cases ofJimmie L. Vaughan v. Johns-Manville, CA-3-01-0070-F, USDA, N.D. Tex; Antonio Mendoza, et al v. Fibreboard Corporation, et al., CA.-2-80-006, USDC, N.D. Tex; In Re: Related Asbestos Cases, C-83-6251-RFP, USDC, N.D. Calif. Pharmacia also designates any and all expert witnesses designated herein by the Plaintiff. Pharmacia also designates any and all expert witnesses designated herein by other Defendants. (g) Any discoverable indemnity and insuring agreements. Answer: Defendant's insuring agreements are voluminous and are contained in approximately 31 three-ring notebook binders located at the headquarters offices of Defendant in St. Louis, Missouri. Those binders will be made available to Plaintiff in the St. Louis, Missouri area at a mutually agreed upon time. Other responsive agreements will be made available to Plaintiff at the offices of counsel for Defendant at a mutually agreed upon time. Please contact Defendant's counsel to arrange an agreeable date and time. (h) Any discoverable settlement agreements. Answer: None that this Defendant has been made aware of at this time. (i) Any discoverable witness statements. 22454\221\154468_1 18 Answer: Defendant will make available to Plaintiff copies of statements and testimony relevant to the subject matter of the case from persons with knowledge of relevant facts. This production will occur at Defendant's counsel's office at a mutually agreed-upon time and date. Please contact Defendant's counsel to arrange an agreeable date and time. (j) Medical records and bills relating to the injuries and damages asserted by Plaintiff. Answer: See Answer to subpart (k) below. (k) Medical records and bills obtained by Defendant by virtue of an authorization furnished by the requesting party. Answer: These records are fairly voluminous and, therefore, they will be made available to Plaintiff for inspection and copying at the offices of counsel for Defendant at a mutually agreeable time. Please contact counsel for Defendant to arrange a date and time to inspect and copy such records. Respectfully submitted, WOODARD, HALL & PRIMM, P.C. EdwardM. Carstarphen StatSBarNo. 03906700 G. Joe Ellis State Bar No. 06575050 Douglas B. Dougherty State Bar No. 06031650 7100 Chase Tower 600 Travis Street Houston, Texas 77002 Telephone: (713)221-3800 Facsimile: (713) 224-3271 ATTORNEYS FOR DEFENDANT PHARMACIA CORPORATION, ffk/a MONSANTO COMPANY 22454\221\1S4468_1 19 CERTIFICATE OF SERVICE I hereby certify that on the 29th day of November, 2000, a copy of the foregoing was sent by United States certified mail, return receipt requested, to counsel for Plaintiff, Holly Huart and Stephanie Finch, Baron &Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219, and was sent by regular United States mail to all other known counsel of record. /6wt<^r____ G. Joe Ellis 22454\221\154468_1 20 CAUSE NO. 12540*BHOO EDWARD J. LAMBERT VS. PROKO INDUSTRIES, INC., ET AL. IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23RD JUDICIAL DISTRICT DEFENDANT PHARMACIA CORPORATION'S, f/k/a MONSANTO COMPANY, CERTIFICATE OF WRITTEN DISCOVERY TO THE HONORABLE JUDGE OF SAID COURT: Pharmacia Corporation, formerly known as Monsanto Company, one of the defendants in this matter, files this its Certificate ofWritten Discovery and does hereby certify that on November 29, 2000, Monsanto Company sent a copy of: (1) Defendant Pharmacia Corporation's, f/k/a Monsanto Company, Objections and Responses to Plaintiff Edward J. Lambert's First Set of Interrogatories, First Request for Production and First Request for Admissions; and (2) Defendant Pharmacia Corporation's, f/k/a Monsanto Company, Response to Plaintiffs Request for Disclosure Under Rule 194 to Plaintiffs counsel by certified mail/retum receipt requested and to all other known counsel of record by regular mail in above-captioned case. Respectfully submitted, WOODARD, HALL & PRIMM v EdwaMd M. Carstarphen Stateipar No. 03906700 G. Joe Ellis State Bar No. 06575050 Douglas B. Dougherty State Bar No. 06031650 7100 Chase Tower Houston, Texas 77002 (713) 221-3800 (713) 224-3271 (fax) ATTORNEYS FOR DEFENDANT PHARMACIA CORPORATION, FORMERLY KNOWN AS MONSANTO COMPANY CERTIFICATE OF SERVICE I hereby certify that on the 29th day of November, 2000, a copy of the foregoing was sent by United States certified mail, return receipt requested, to counsel for Plaintiff, Holly Huart and Stephanie Finch, Baron &Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219, and was sent by regular United States mail to all other known counsel of record. G.Jo&Ellis 22454\221\154541 1 2