Document DGyz3255RZvgK84N7Beyd03b4

NO. 97-4055-B EPIMENIO CABRERA, et aL, IN THE DISTRICT COURT Plaintiffs, v. NUECES COUNTY, TEXAS OWENS CORNING (a/k/a OWENS CORPORATION), et al., Defendants. 117,h JUDICIAL DISTRICT DEFENDANT REYNOLDS METALS COMPANY'S RESPONSES TO PLAINTIFF'S REQUEST FOR RULE 194 REQUEST FOR DISCLOSURE Defendant Reynolds Metals Company ("Reynolds"), by counsel, pursuant to Rule 194 of the Texas Rules of Civil Procedure, responds as follows to Plaintiff's Request for Disclosures: A. The correct names of the parties to the lawsuit. Reynolds states that its correct name is Reynolds Metals Company; it is without knowledge as to the correct names of the other parties to the lawsuit. B. The name, address, and telephone number of any potential parties. At this time, Reynolds is aware not aware of any "potential parties." Reynolds reserves the right to supplement its response to this request. C. The legal theories and, in general, the factual bases of the responding party's claims. Reynolds refers plaintiff to its Special Exceptions, Original Answer and Affirmative Defenses to Plaintiffs Original Asbestos Petition filed on October 9, 1997. At this time, Reynolds expects that its defense will be based on documentary and testimonial evidence (including lay and expert testimony) that: Plaintiff Epimenio Cabrera ("Cabrera" ) was not exposed to harmful levels of airborne asbestos fibers on any premise owned, operated and/or controlled by Reynolds;  Cabrera has no asbestos-related illness or injury; Reynolds' did not owe a legal duty to protect Cabrera against hazards incident to his work; Cabrera and/or his employers were in a superior position to know about and protect against potential health hazards associated with the inhalation of airborne asbestos fibers; Reynolds was not negligent; and Cabrerra was contributorily negligent. D. The amount and any method of calculating economic damages. At this time, plaintiff has not disclosed the amount of damages he seeks nor the method of calculating such damages. Although Reynolds generally denies that plaintiff is entitled to any damages, Reynolds cannot respond specifically to plaintiffs claimed damages and/or damage calculation. Reynolds therefore reserves the right to supplement its response to this Request until such time as plaintiff has provided this information. E. The name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case. Investigation and discovery is ongoing in this matter, and, at this time, Reynolds does not, know each and every individual who has knowledge of the relevant facts, nor does Reynolds know at this time whom it may call to testify at the trial of this matter. Reynolds therefore reserves the right to supplement its response to this Request in accordance with Rule 193 of the Texas Rules of Civil Procedure. At this time, Reynolds identifies the following individuals who may have knowledge of relevant facts and who Reynolds may call to testify at the trial of this matter: 2 1) Plaintiff Epimenio Cabrera ~ 1314 John Wayne Drive Robstown, Texas 78380 2) Family Members Rachel Cabrera (wife) 1314 John Wayne Drive Robstown, Texas 78380 Erica R. Velva (daughter) 1314 John Wayne Drive Robstown, Texas 78380 Veronica Cabrera (daughter) 1314 John Wayne Drive Robstown, Texas 78380 Epimenio Cabrera (son) Robstown, Texas 78380 Anna Serrata (daughter) 846 Mesquite Street Robstown, Texas 78380 Olga Perez (daughter) Robstown, Texas 78380 Margarita Padron Robstown, Texas 78380 3) Cabrera's Treating Physicians. Reynolds may call some or all of the following individuals as trial witnesses to offer testimony, including expert testimony, about their care, treatment and diagnosis of Cabrera: Dr. Mark Klepper Pulmonary Critical Care Consultants of Austin, L.L.P. 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6559 3 Dr. Mary Glenn Corpus Christi, Texas " Dr. David Kennedy Corpus Christi, Texas 4) Coworkers. Reynolds may call Cabrera's coworkers as trial witnesses. Plaintiff has disclosed the following names, and Reynolds reserves the right to supplement its response to this request when it has determined the locations of these witnesses and the names and locations of other coworkers: Jose Cabrera Henry Flores Roberto Elizondo 5) Reynolds Personnel. (a) San Patricio Reduction Plant Personnel. Reynolds may call some or all of the following individuals who were employed at various times at the San Patricio Reduction Plant to testify as to their personal knowledge concerning operations and conditions of the plant; the use of asbestos-containing products in plant operations generally and specifically at the San Patricio Reduction Plant; the elimination and abatement of asbestos; Reynolds' safety procedures, both in; _ _ general and as they relate to asbestos (including the use of respirators); and, other matters relevant to plaintiffs claims and/or Reynolds' defenses: 4 Robert Dale Gamble, M.D. 5301 St. Andrew Corpus Christi, Texas 78413 (512) 991-2985 Dr. Gamble was the San Patricio Reduction Plant and/or Sherwin Alumina Plant Medical Director from 1975-85. He also may have knowledge of Reynolds' safety procedures in general, as well as specific safety procedures as they relate to asbestos. He may have knowledge related to asbestos exposure procedures. Harry R. Bratt, M.D. 2040 Birch Ave. Saint Helena, CA 94574 Dr. Bratt was the San Patricio Reduction Plant and/or Sherwin Alumina Plant Medical Director from 1971-75. He also may have knowledge of Reynolds' safety procedures in general, as well as specific safety procedures as they relate to asbestos. He may have knowledge related to asbestos exposure procedures. Ms. Deloris A. Ulke Route 1, Box 1383 Ingleside, Texas 78362 (512) 776-2235 Ms. Ulke was a nurse at the San Patricio Reduction Plant and/or Sherwin Alumina Plant Medical Department from 1972-98. She has knowledge about Reynolds' attitude toward employee health in general, as well as information regarding the Medical Department at the San Patricio Reduction Plant. Mr. E. W. Dressen 221 Blanco Portland, Texas 78374 (512) 643-2104 - Mr. Dressen was the an Engineer and Reduction Superintendent at the San Patricio Reduction Plant. He also was the acting plant manager of the San Patricio Reduction Plant from 1974-79 and from 1981 until the plant closed. He may have knowledge regarding plant operations; various applications of asbestos-containing products throughout the plant; the use, elimination and/or substitution of asbestos-containing products; and Reynolds' attitude toward safety and employee health in general. 5 Kenneth E. Murphree 458 Caroline Acres Point Hot Springs, Arkansas 71913 (501) 525-3726 Mr. Murphee was the plant manager of the San Patricio Reduction Plant from 197981. He may have knowledge regarding plant operations; various applications of asbestoscontaining products throughout the plant; the use, elimination and/or substitution of asbestos-containing products; Reynolds' attitude toward safety and employee health in general; and other relevant information. William E. Campbell 7746 East Laguna Azul Apartment #272 Mesa, Arizona 85208 (602) 357-9978 Mr. Campbell was the plant manager of the San Patricio Reduction Plant from 1972-77. He may have knowledge regarding plant operations; various applications of asbestos-containing products throughout the plant; the use, elimination and/or substitution of asbestos-containing products; Reynolds' attitude toward safety and employee health in general; and other relevant information. Mr. Harry V. Helton 509 Kilmarnock Drive Richmond, Virginia 23229 (804) 740-7705 Mr. Helton was employed at the San Patricio Reduction Plant from 1966-72 and held positions as potroom supervisor, general plant supervisor and, from 1971-72, plant manager. He may have knowledge regarding plant operations; various applications of - _ asbestos-containing products throughout the plant; the use, elimination and/or substitution of asbestos-containing products; Reynolds' attitude toward safety and employee health in general; and other relevant information. Mr. Clyde Doyce Hester 546 Evergreen Drive Corpus Christi, Texas 78412 Mr. Hester was the chief chemist at the San Patricio Reduction Plant from 1953-89. He may have general knowledge about the plant processes, environmental issues (including asbestos abatement issues) and other information. 6 Mr. Allen G. Hill 418 Fetick Avenue Taft, Texas 78390-2808 (512) 528-2749 Mr. Hill was a chemist at the San Patricio Reduction Plant from 1967-85. He may have general knowledge about the plant processes, environmental issues (including asbestos abatement issues) and other information. Mr. William D. Pipes P.O. Box 148 Crozier, Virginia 23039 (804) 784-1250 Mr. Pipes held the following titles at the San Patricio Reduction Plant from 196677: process engineer, power plant supervisor; and maintenance superintendent. He also was the plant engineer from 1979-82. He may have knowledge about the use and application of asbestos-containing products, elimination and/or substitution of asbestoscontaining products, general health and safety issues and other relevant information. Mr. Kenneth W. Younger 12604 Hardings Trace Court Richmond, Virginia 23233 (804) 281-4111 Mr. Younger was a project engineer at the San Patricio Reduction Plant from 197077 and 1980-85. He may have knowledge about the use and application of asbestoscontaining products, elimination and/or substitution of asbestos-containing products, general health and safety issues and other relevant information. Mr. Brice G. Nelson 1045 Wilshire Corpus Christi, Texas 78411 (512) 852-4535 I. Mr. Nelson was involved in the original construction and operation of the carbon plant at the San Patricio Reduction Plant, and he worked at the San Patricio Reduction Plant from approximately 1951-69, and from 1974-76. He may have knowledge regarding the construction and processes of the San Patricio Reduction Plant in general, the availability and use of personal protective equipment, general health and safety issues and applications of asbestos products in the plant. 7 Mr. Raymond L. Bennett 414 Reynolds Avenue Taft, Texas 78390 (512) 528-3284 ' Mr. Bennett was the power plant supervisor at the San Patricio Reduction Plant from approximately 1953-84. He may have knowledge regarding plant operations in general and the operation of the power plant in particular. He also may have knowledge regarding applications of asbestos products in the power plant. Mr. John L. Massey P.O. Box 73 Bayside, Texas 78340 (512) 529-6692 Mr. Massey was a foreman in the San Patricio Reduction Plant maintenance department from approximately 1952-88. He may have general knowledge regarding plant operations, the use and application of asbestos-containing products, the availability and use of personal protective equipment, general health and safety issues and other relevant information. Mr. James C. Black 224 Bafanridge Drive Hot Springs, AR 71901 (501) 624-7244 Mr. Black was employed at the San Patricio Reduction Plant as a potroom foreman from 1960-63. He may have general knowledge regarding plant operations, the use and application of asbestos-containing products, the availability and use of personal protective equipment and general health and safety issues, and other relevant information. Mr. Clyde A. Krueger 131 Granby Portland, Texas 78374 (512)643-2421 Mr. Krueger was a general foreman at the San Patricio Reduction Plant from 195284. He may have general knowledge about the plant processes, the use and application of asbestos-containing products, the availability and use of personal protective equipment and general health and safety issues. 8 Mr. William E. Shepp 244 Ross Road Kelso, Washington 98626 (360) 578-2429 Mr. Shepp was a potroom engineer and casthouse supervisor at the San Patricio Reduction Plant. He may have knowledge about the use and application of asbestoscontaining products, elimination and/or substitution of asbestos-containing products, general health and safety issues and other relevant information. Mr. Harold L. Bern, Jr. 2341 East Lynnwood Drive Longview, Washington 98632 (206) 425-8082 Mr. Bern was the Personnel Manager at the San Patricio Reduction Plant from 1979-82 and may have knowledge about information relevant to this lawsuit. Mr. Joel W. Whitlock 6837 SE Cottrell Road Gresham Oregon 97080-8911 (503) 663-2096 Mr. Whitlock was employed at the San Patricio Reduction Plant from 1958-71 and, during that time, held the following titles and positions: potroom general clerk; potroom foreman; anode foreman; pot relining supervisor; maintenance supervisor and plant safety engineer. He may have general knowledge regarding plant operations, the use and application of asbestos-containing products, the availability and use of personal protective equipment and general health and safety issues, and other relevant information. Mr. Jack H. Norris, Jr. 4318 St. George Corpus Christi, Texas 78413 (512) 853-1021 -- Mr. Norris was a purchasing agent at the San Patricio Reduction Plant from 1976-86 and plant purchasing manager from 1986-88. He may have knowledge about the purchase, use and application of asbestos-containing products and/or substitutes for asbestoscontaining products, the purchase and use of safety equipment (including respirators), asbestos abatement and other relevant information. 9 Richard C. Easterline 15 Serra Lane Massena, New York 13662 (315) 769-1996 ' Mr. Easterline was employed at the San Patricio Reduction Plant from 1968-82 and held positions as an engineer and carbon services supervisor. He may have general knowledge regarding plant operations, the use and application of asbestos-containing products, the availability and use of personal protective equipment and general health and safety issues, and other relevant information. John W. Ford c/o Reynolds International P.O. Box 27002 Richmond, Virginia 23261 (503) 666-0203 Mr. Ford was the plant maintenance supervisor at the San Patricio Reduction Plant from 1979-83. He may have general knowledge regarding plant operations, the use and application of asbestos-containing products, the availability and use of personal protective equipment and general health and safety issues, and other relevant information. (b) Reynolds Corporate Personnel. Reynolds may call some or all of the following individuals to testify regarding their personal knowledge on matters of safety, medical and industrial hygiene issues on the corporate level and/or at the San Patricio Reduction Plant specifically; plant operations and conditions; the use, elimination and/or substitution of asbestos- containing products; and, on other matters relevant to plaintiffs claims and/or Reynolds' defenses: Woolson W. Doane, M.D. 14 W. Runsick Drive Richmond, Virginia Dr. Doane was Reynolds' Corporate Medical Director from 1993-97. He may be called to testify about his knowledge concerning corporate medical issues. 10 David Warren, M.D. 8705 Tarytown Drive Richmond, Virginia 23229 Dr. Warren was the acting Corporate Medical Director from 1992-93. He may be called to testify about his knowledge concerning corporate medical issues. E. Claiborne Irby, M.D. 11-1/2 Tapoan Road Richmond, Virginia 23226 Dr. Irby was an Associate Corporate Medical Director from 1959-77, and Corporate Medical Director for Reynolds from 1977 until his retirement in 1992. He may be called as a factual witness, but because he also qualifies as an expert, he may offer expert, he may offer expert testimony in the fields of occupational medicine, state-of-the-art, governmental regulations, and medical issues in general as they may relate to occupational asbestos exposures. James MacMillan, M.D. 306 Gunby Drive Richmond, Virginia 23229 Dr. MacMillan was the Corporate Medical Director of Reynolds from 1956-77. He may be called to testify about his knowledge concerning corporate medical issues. Mr. Homer Mac Cole Reynolds Metals Company 6601 West Broad Street Richmond, Virginia 23230 (804) 281-3506 Mr. Cole is the Corporate Director of Industrial Hygiene and Toxicology at Reynolds. He has been an industrial hygienist at Reynolds since 1972. Mr. Cole performed industrial hygiene surveys at the San Patricio Reduction Plant and may testify regarding such surveys as well as other factual matters based on his personal experience and knowledge, including, but not limited to, plant conditions, various uses of asbestoscontaining products in plant applications, the elimination and substitution of asbestoscontaining products, and general issues related to industrial hygiene and safety. Although Mr. Cole will testify as a factual witness, he qualifies as an expert and may offer expert testimony in the fields of industrial hygiene, occupational health and safety, state-of-theart, governmental regulations of workplace exposures, threshold limit values, the measurement of occupational asbestos exposures as well as other potential occupational hazards, respiratory protection, and proper work practices. 11 Mr. Ronald E. Benton Reynolds Metals Company 6601 West Broad Street Richmond, Virginia 23230 (804) 281-2000 Mr. Benton is Manager of Industrial Hygiene and Safety Services at Reynolds. He has been at Reynolds since 1974. He performed industrial hygiene surveys at the San Patricio Reduction Plant and may testify regarding such surveys as well as other factual matters based on his personal experience and knowledge. Mr. Benton may testify as a factual witness, but because he qualifies as an expert, he may offer expert testimony in the fields of industrial hygiene, occupational and environmental health and safety, stateof-the-art, governmental regulations of workplace exposures, threshold limit values, the measurement of occupational asbestos exposures as well as other potential occupationsl hazards, respiratory protection, and proper work practices. Ms. Linda Maillet Reynolds Metals Company 6601 West Broad Street Richmond, Virginia 23230 Ms. Maillet was the Regional Industrial Hygienist at the Corporate Headquarters of Reynolds for the Eastern Region. She is currently the Principal Health, Safety and Regulatory Affairs Scientist at the Corporate Headquarters. Ms. Laurie Shelby Reynolds Metals Company 6601 West Broad Street Richmond, Virginia 23230 Ms. Shelby was the Manager of Industrial Hygiene Programs at the Corporate i _ _ Headquarters of Reynolds. She is currently the Manager of Health and Safety Programs. Mr. Richard Mansur 1416 Coronet Drive Richmond, Virginia 23229-4806 (804) 282-4438 Mr. Mansur was the Manager of the Industrial Hygiene Department at the Corporate Headquarters of Reynolds from 1969-75. 12 Mr. James D. Davidson Mr. Davidson was a Staff Industrial Hygienist at the Corporate Headquarters of Reynolds from 1976-82. Ms. Stacey Hansen 12701 Mirror Pond Way Midlothian, Virginia 23113 (804) 794-1736 Ms. Hansen was a Staff Industrial Hygienist at the Corporate Headquarters of Reynolds from 1990-93. Mr. Dale Prokopchak 2704 Empress Court Richmond, Virginia 23233 (804) 360-3301 Mr. Prokopchak was a Staff Industrial Hygienist at the Corporate Headquarters of Reynolds from 1988-89. Ms. Deborah R. Hudgins Ms. Hudgins was a Staff Industrial Hygienist at the Corporate Headquarters of Reynolds from 1984-88. Mr. Harry L. Skalsky 6910 West Grace Street Richmond, Virginia 23261 Mr. Skalsky was a Medical Corporate Toxicologist at the Corporate Headquarters - of Reynolds 1979-85. Ms. Karen Kestle 1336 Merrymeade Avenue Glen Allen, Virginia 23060 (806) 264-1789 Ms. Kestle was the Senior Insurance Administrator at the Corporate Headquarters of Reynolds. Mr. Bobby J. Sasser Mr. Sasser was the Corporate Safety Director for Reynolds from 1973-95. 13 Mr. Joseph Nichols 2300 Cedarfield Parkway Apartment 161 ~ Richmond, Virginia 23233 (804) 282-8245 Mr. Nichols was the Corporate Safety Director for Reynolds from 1945-73. 6) Records Custodians. Reynolds reserves the right to call any and all records custodians, live or by deposition or affidavit, to authenticate relevant records. 7) Other Parties' Witnesses. Reynolds reserves the right to call and/or elicit testimony from any individual identified by plaintiff and any other party to this lawsuit and, accordingly, will supplement its response to this request when those individuals have been identified. 8) Rebuttal/Impeachment Witnesses. Reynolds reserves the right to call rebuttal and/or impeachment witnesses and will supplement its response to this request if and when it has sufficient information to determine the need for such testimony. F. For any testifying expert: (1) The expert's name, address, and telephone number; (2) The subject matter on which the expert will testify; (3) The general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; (4) If the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) All documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and 14 (B) The expert's current resume and bibliography. Reynolds reserves the right to supplement its response to this Request until 60 days before the end of discovery in this matter. G. Any discoverable indemnity and insuring agreements. Reynolds has insurance coverage sufficient to cover plaintiffs claims with the following insurance companies: Travelers Insurance (9/30/53 through 9/30/66); and Liberty Mutual Group (9/30/66 through 9/30/78). H. Any discoverable settlement agreements. None. I. Any discoverable witness statements. None. J. All medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. See Reynolds' Response to Request K. K. All medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. 2 Subject to plaintiffs agreement to pay Reynolds one-half of its cost in retrieving these records, Reynolds will produce these records at $.10 per copy or will make them available to plaintiffs counsel for inspection and copying at a mutually convenient time and place. 15 REYNOLDS METALS COMPANY By: David Craig Landin (Texas Bar No. 11863720) John D. Epps (Texas Bar. No. 00796079) Harry M. Johnson, III (Texas Bar No. 00797740) HUNTON & WILLIAMS 951 East Byrd Street Riverfront Plaza, East Tower Richmond, Virginia 23219 (804) 788-8200 (804) 788-8218 (facsimile) R. Clay Hoblit (Texas Bar No. 09743100) CHAVES, GONZALES & HOBLIT, L.L.P. 2000 Frost Bank Plaza 802 North Carancahua Corpus Christi, Texas 78470 (512)888-9392 (512) 888-9187 (facsimile) Attorneys for Reynolds Metals Company 16 CERTIFICATE OF SERVICE I hereby certify that on March 7 ,1999, a true and correct copy of the above and foregoing instrument is being served by UPS Overnight Mail on the following plaintiffs counsel: Russell W. Budd, Esq. Alicia J. Haff, Esq. BARON & BUDD, P.C. The Centrum Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 Notice of service of this pleading is given to all other known counsel of record by regular United States mail. 17 Atlanta geosgia BANGKOK TrtAiLANO BRUSSELS BELGIUM charlotte, north CAROLINA hong kong china KNOXVILLE TENNESSEE John D. Epps E-Mail- JEpps@Hunton.com Htjnton 8c Williams Rivebfhont Plaza. East Tower 951 EAST BYHD STBEET Richmond. Virginia 23219-4074 Telephone (804) 788-8200 Facsimile 1804I 788-8218 r? - ^ A, .! -A MCLEAN VIRGINIA NEW YORK NgW YORK NORFOLK. VIRGINIA Raleigh north Carolina WARSAW polano WASHINGTON O.C File No.: 50684.21 Direct Dial: (804)788-8311 March 4, 1999 Via UPS Overnight Mail Alicia J. Half, Esquire Baron & Budd 3102 Oak Lawn Avenue Suite 1100 Dallas, Texas 75219-4281 Re: Cabrera, et al. v. Owens-Coming, et aL, Cause No. 97-04055 117th Judicial District, Nueces County, Corpus Christi, Texas Dear Alicia: Enclosed please find Defendant Reynolds Metals Company's Responses To Plaintiff's Request For Rule 194 Request For Disclosure. By copy of this letter, we are giving notice to all counsel of record. Copies of this pleading are available upon request by contacting my office at the telephone number listed above. Sincerely, John D. Epps Enclosure cc: All Known Counsel of Record (via regular mail) (w/o end.)