Document B4n1EzyKmnV0vqB9bv5zvv8E

FILE NAME Colonial Sugar Refinery CSR DATE 2005 Oct 10 DOC CSR239 DOCUMENT DESCRIPTION Legal - Affidavit of Barry Castleman IN RE BALTIMORE CITY ASBESTOS LITIGATION * OCTOBER 10 2005 MESOTHELIOMA TRIAL CLUSTER CONSOLIDATION CASE NO * 24X04000269 ** ** ALFRED SMITH et al Plaintiffs V. * IN THE ** CIRCUIT COURT * FOR ACandS INC et al Defendants * BALTIMORE CITY * LEAD CASE NO 24X02001804 KEAWEBREN **** CASES AFFECTED ALFRED SMITH JOSEPH ANZULIS JOHN JOSEPH KROKOS * + CASE NO 24X02001804 CASE NO 24X02000584 * CASE NO 24X00000623 * * * * * * * * * * * * ********** ********* ***** * * AFFIDAVIT 1 Barry Castleman Sc.D. swear and affirm that I am competent to testify and have personal knowledge of the facts herein stated 1 I am over the age of 18 and my business office is located at 4406 Oxford Street Garrett Park Maryland 20896 2 am an Environmental Consultant with expertise regarding the history ofthe asbestos industry and the development of knowledge on asbestos disease and worker health I am the author of a book Asbestos Medical and Legal Aspects 5th ed 2005. A copy of my curriculum vitae is attached as Exhibit A and incorporated by reference herein 3. I have testified in asbestos litigation many times throughout the United States mormm 408 merase TUE 6.1.54OM6.154OM 6.1.54OM TR POAE: 1 WE ad SUD Leu CAA @LuvgL1ov TELEK V AME we conceming my review of the available medical and scientific literature on asbestos disease and exposure have reviewed documents obtained from the asbestos industry from various parties in asbestos litigation and from other sources including trade journals e.g. Asbestos magazine and other published and unpublished sources 4. I have been retained by the Law Offices of Peter G. Angelos to offer opinions on CSR Ltd. Colonial Sugar Refining Company and its connection to the State of Maryland if any 5 I have reviewed documents produced by CSR in asbestos litigation outside of the State of Maryland some ofwhich are referenced in my book at pages 625-627 attached hereto as Exhibit B. Counsel for the Angelos Plaintiffs has also provided me with additional documents including excerpts of the Asbestos magazine containing CSR articles and advertisements copied from the Enoch Pratt Library in Baltimore Maryland Exhibit C 6 Based upon my experience knowledge of CSR and its crocidolite asbestos fiber and the documents available to me I can offer the following opinions to a reasonable degree of scientific certainty CSR purchased a crocidolite asbestos mine in Wittenoom Western Australia and created a wholly owned subsidiary Australian Blue Asbestos to operate the mine and mill from 1943 to 1966 ... CSR was the sole distributor ofAustralian Blue Asbestos in the United States throughout this time period C. The crocidolite asbestos fiber was bagged in the mill in jute or burlap bags then shipped to buyers around the world including in the USA and the State of Maryland As a result of such shipments CSR would have known that the bags of its asbestos fiber were handled and unloaded by longshoremen at various ports CSR would have also known that the bags containing its asbestos fiber would often break tear or be punctured thereby exposing longshoremen and others in the area to airborne asbestos GIUTINYOCTO0AFIDAVIT GIUTINYOCTO0AFFIDAVIT GIUTINYOCTO0AFFIDAVIT CASTLEMAN 2 CCA Ut SS ** / 10 TA.CA TA.CA TO PAGE : 2 7 From approximately 1942 through 1966 CSR regularly advertised the sale of Australian Blue Asbestos in the trade magazine of the United States asbestos industry Asbestos published in Philadelphia Pennsylvania and sent to Maryland subscribers The Enoch Pratt Library in Baltimore Maryland for example regularly received copies of the Asbestos magazine Id As a result of the placement of its advertisements and articles in the Asbestos magazine including advertisements in issues every other month from 1954 to 1966 CSR would have known that its marketing of Australian Blue Asbestos would reach Maryland consumers It would have been aware for example that such local Baltimore insulation contractors as Porter Hayden and Wallace & Gale were recipients of the Asbestos magazine as reflected in the numerous references and advertisements to each of them throughout this time period Through the use of its advertisements CSR was soliciting business in Maryland for potential purchasers of its crocidolite fiber 8 CSR was aware of the potential health hazards of its crocidolite asbestos dust in the 1940s and by the early 1960s CSR was informed by an Australian government health official Dr. James McNulty that one of its asbestos mill workers had developed mesothelioma Dr. McNulty reported this case in the published literature Medical Journal of Australia 953954 1962 Exhibit D see also McNulty J.C. Asbestos Wittenoom Western Australia Proceedings of the First Australian Pneumoconiosis Conference 447-466 1968 Exhibit E By the end of 2001 some 254 cases of mesothelioma from the Wittenoom mine had been reported in the scientific literature Leigh J. and T. Driscoll Malignant Mesothelioma in Australia 1945 - 2002 International Journal Occupational Environmental Health 206-217 2003 GVIL TINTOCTOWAHFIDAVIT CASTLEMAN CASTLEMAN 3 ACD 17 3005. TUE 04 54PM ID PAGE