Document JdZxEpVqYzROro7ggybqqnpO

HUNTON& WILLIAMS SEP. i 1.00*00586 September 5,2000 ERIC G. REEVES DIRECT DIAL: 804 788 8597 EMAIL: ereeves@hunton.com FILE NO: 50684.21 VIA FACSIMILE AND CERTIFIED MAIL RETURN RECEIPT REQUESTED Stephanie A. Finch, Esq. BARON & BUDD, P C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 Re: Cabrera. et aL, v. Owens Corning, et aL; Cause No. 97-4055 Dear Stephanie: Enclosed please find Defendant Reynolds Metals Company's Preliminary Designation of Expert Witnesses. Sincerely yours, Eric G. Reeves EGR/mh Enclosure cc: All known counsel of record (viafacsimile w/o enclosure) NO. 97-4055-B EPIMENIO CABRERA; AND JESUS IGNACIO CHAVERA; Plaintiffs, VS. OWENS CORNING (a/k/a OWENS CORNING COROPORATION), ET AL. Defendants. IN THE DISTRICT COURT NUECES COUNTY, TEXAS 117th JUDICIAL DISTRICT DEFENDANT REYNOLDS METALS COMPANY'S PRELIMINARY DESIGNATION OF EXPERT WITNESSES Defendant Reynolds Metals Company ("Reynolds"), by counsel, designates the following expert witnesses whom it may call to testify at the trial ofthis matter: 1. Peter J. Barrett, M.D. 300 Boylston Street Suite 714 Boston, Massachusetts 02116-3923 (617) 426-2110 Dr. Barrett is an expert radiologist and certified B-reader whom Reynolds may call at the trial of this matter to testify regarding his expert analysis of certain x-rays and medical records of Plaintiff Cabrera. Dr. Barrett may testify as to his review of the Plaintiff's medical records and conclusions reached from this review. Dr. Barrett is expected to testify that the x- rays of Mr. Cabrera do not demonstrate any evidence of exposure to asbestos. 1 Specifically, with respect to Plaintiff Cabrera, Dr. Barrett will testify that the x-rays show that there are no pleural plaques or fibrosis on Mr. Cabrera's lungs, and no evidence of asbestosis. He will testify that, in his opinion, Mr. Cabrera has no asbestos-related disease. Dr. Barrett further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Barrett further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 2. Jerome F. Wiot, M.D. Department of Radiology 222 Piedmont Avenue Suite 2100 Cincinnati, Ohio 45219 Dr. Wiot is an expert radiologist and certified B-reader whom Reynolds may call at the trial of this matter to testify regarding his expert analysis of certain x-rays and medical records of Plaintiff Cabrera. Dr. Wiot may testify as to his review of Plaintiffs medical records and conclusions reached from this review. Dr. Wiot is expected to testify that the x-rays of the Plaintiff do not demonstrate exposure to asbestos. Specifically, the x-rays of the Plaintiff 2 show that there are no pleural plaques or fibrosis on Plaintiffs lungs, and no evidence of asbestosis. He will testify that, in his opinion, Plaintiff Cabrera does not have an asbestosrelated disease. Dr. Wiot further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Wiot further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 3. Hans Weill, M.D. 755 Hearthstone Drive Basalt, Colorado 81621-2135 (970) 927-9321 Dr. Weill is a pulmonary specialist whom Reynolds may call at the trial to offer expert testimony regarding any and all medical issues in this matter. Dr. Weill's opinions may be based on his specialized knowledge, education, training and experience, as well as his review of any and all pleadings, transcripts of depositions to be taken in this matter and any and all medical records, x-rays and other documents to be produced in discovery. Dr. Weill is expected to testify regarding the medical condition of Plaintiff Cabrera, and as to the issues of 3 causation - or lack thereof - between any alleged exposure to asbestos fibers and the medical condition of the Plaintiff. Dr. Weill further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Weill further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 4. Gail Diane Stockman, M.D. Longview Pulmonary Consultants Medical Plaza 703 East Marshall Street, Suite 4002 Longview, Texas 75601 (903) 753-0787 Dr. Stockman is an expert pulmonologist whom Reynolds may call at the trial of this matter to offer expert opinion testimony as to any and all medical issues in the case. Dr. Stockman's opinions may be based on her specialized knowledge, education, training and experience, as well as her review of any and all pleadings, transcripts of depositions to be taken in this matter and any and all medical records, x-rays and other documents to be produced in discovery. Dr. Stockman's opinions also may be based on a medical examination 4 of the Plaintiff. Dr. Stockman is expected to testify regarding the medical condition of Plaintiff Cabrera, that he is not suffering from an asbestos related disease, and as to the issues of causation - or lack thereof - between any alleged exposure to asbestos fibers and his medical condition. Dr. Stockman further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to her expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Stockman further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to her expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Stockman further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 5. Kathryn Ann Hale, M.D. Baylor College of Medicine Pulmonary Section 6550 Fannin St., Suite 1236 5 Houston, Texas 77030 (713) 790-2076 Dr. Hale is an expert pulmonologist whom Reynolds may call at the trial of this matter to offer expert opinion testimony as to any and all medical issues in the case. Dr. Hale's opinions may be based on her specialized knowledge, education, training and experience, as well as her review of any and all pleadings, transcripts of depositions to be taken in this matter and any and all medical records, x-rays and other documents to be produced in discovery. Dr. Hale's opinions also may be based on a medical examination of the Plaintiff. Dr. Hale is expected to testily regarding the medical condition of Plaintiff Cabrera, that he is not suffering from an asbestos related disease, and as to the issues of causation - or lack thereof - between any alleged exposure to asbestos fibers and his medical condition. Dr. Hale further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to her expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Hale further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 6 6. William G. Hughson, M.D., Ph.D. University of California Center for Occupational Disease Control 200 West Arbor Drive San Diego, CA 92103-8800 (619) 294-6001 Dr. Hughson is the Director of the Occupational Health Center and an Associate Clinical Professor of Medicine at the University of California, San Diego. Dr. Hughson's opinions may be based on his specialized knowledge, education, training and experience, as well as his review of any and all pleadings, deposition transcripts, any and all medical records, x-rays and other documents produced in this litigation. Dr. Hughson may testify as to any and all medical issues, including those in the area of pulmonology, occupational medicine, epidemiology, state-of-the art and asbestos disease. He is expected to testify regarding the medical condition of Plaintiff Cabrera, and as to the issues of causation - or lack thereof between any alleged exposure to asbestos fibers and his medical condition. Dr. Hughson further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Hughson further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit 7 introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 7. Jack E. Petersen, P.E., Ph.D., CEH Petersen Associates Industrial Hygiene Consultants 2830 Via Viejas Oeste Alpine, California 91901 (619) 445-9668 Dr. Petersen is a certified industrial hygienist whom Reynolds may call at the trial of this matter to offer expert testimony generally as to industrial hygiene state of the art. He has personal knowledge of some facts, but is also an expert based upon his specialized knowledge, skill and training. He may testify as to his review of documents provided to him regarding Reynolds' corporate history and knowledge pertaining to asbestos, documents produced by Plaintiff Cabrera this litigation, and published and unpublished reports. Dr. Peterson is familiar with the workings of reduction and alumina plants and the potential for exposure to occupational hazards, including asbestos fibers. He may testify about his knowledge of the composition and asbestos content, if any, of the products to which Plaintiff Cabrera allegedly was exposed. He also may testify about the working environment of reduction plants and the potential exposure risks from differing activities in general, and of the Reynolds San Patricio plant in particular. He is expected to testify, based on is review of relevant documents and other evidence, that the Plaintiff was not exposed to harmful levels of asbestos at any Reynolds facility, and that Reynolds complied with the appropriate standard of care. Specifically, he will testify that a review of the deposition testimonies, work history sheets, employment records, and the 8 documents related to the specific work being performed by Plaintiff shows that, within a reasonable degree of scientific certainty, Plaintiff should not have been exposed to harmful levels of airborne asbestos fibers while on Reynolds' premises. He will testify that the records of such work show no harmful asbestos exposure. He may testify to industrial hygiene state-of-the-art issues, generally, and specifically, to industrial hygiene issues related to Reynolds' San Patricio Plant. This state-of the-art testimony may also include the development of knowledge concerning the potential risk for certain populations including boilermakers, welders and electricians. He may testify about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. He further may testify generally about applicable governmental standards, standard industrial hygiene practices, principles and methodologies of the time and the history and use of threshold limit values. He is expected to testify that Reynolds' conduct met and exceeded the applicable standard of care and that Reynolds breached no duty to Mr. Cabrera. Dr. Petersen further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 8. J. Leroy Balzer, Ph.D. 408 Horse Trail Court Walnut Creek, California 94595 (510) 274-1413 Dr. Balzer is an expert in industrial hygiene, occupational and environmental health and safety, forensic science and state-of-the art. Reynolds may call Dr. Balzer as an expert 9 witness to testify, either live or by deposition, in any or all of these fields. He has personal knowledge of some facts, but is also an expert based upon his specialized knowledge, skill and training. He may testify as to his review of documents provided to him regarding Reynolds' corporate history and knowledge pertaining to asbestos, documents produced by Plaintiff Cabrera this litigation, and published and unpublished reports. Dr. Balzer is familiar with the workings of reduction and alumina plants and the potential for exposure to occupational hazards, including asbestos fibers. He may testify about his knowledge of the composition and asbestos content, if any, of the products to which Plaintiff Cabrera allegedly was exposed. He also may testify about the working environment of reduction plants and the potential exposure risks from differing activities in general, and of the Reynolds San Patricio plant in particular. He is expected to testify, based on his review of relevant documents and other evidence, that the Plaintiffs were not exposed to harmful levels of asbestos at any Reynolds facility, and that Reynolds complied with the appropriate standard of care. Specifically, he will testify that a review of the deposition testimonies, work history sheets, employment records, and the documents related to the specific work being performed by Plaintiff show that, within a reasonable degree of scientific certainty. Plaintiff should not have been exposed to harmful levels of airborne asbestos fibers while on Reynolds' premises. He will testify that the records of such work show no harmful asbestos exposure. He may testify to industrial hygiene state-of-the-art issues, generally, and specifically, to industrial hygiene issues related to Reynolds' San Patricio Plant. This state-of the-art testimony may also include the development of knowledge concerning the potential risk for 10 certain populations including boilermakers, welders and electricians. He may testify about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. He further may testify generally about applicable governmental standards, standard industrial hygiene practices, principles and methodologies of the time and the history and use of threshold limit values. He is expected to testify that Reynolds' conduct met and exceeded the applicable standard of care and that Reynolds breached no duty to Mr. Cabrera. Dr. Balzer further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 9. William L. Dyson, Ph.D., CIH 1022 Jefferson Road Greensboro, North Carolina (910) 665-0847 Dr. Dyson is an industrial hygienist and an industrial hygiene consultant in Greensboro, North Carolina. He may testify, at trial or by deposition, as an expert regarding general industrial hygiene standards and related issues, threshold values, permissible exposure limits and/or other documentary evidence relevant to the defense of Plaintiffs claims regarding damages and causation. He may testify, if relevant, specifically about the history of industrial and scientific knowledge, research and study of exposure to asbestos and its effects on the human body, as to all state of the art issues; as to his expert opinion as to safe levels of asbestos exposure and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects of exposure to various types of 11 asbestos fibers. He may testify as to the applicable governmental standards and about the history and use of the threshold limit values and permissible exposure levels, as well as measurement techniques. This state-of-the-art testimony may also include the development of knowledge concerning the potential risk for certain populations including boilermakers, welders and electricians. He may testify as to his review of documents provided to him regarding Reynolds' corporate history and knowledge pertaining to asbestos, documents produced by Plaintiff in this litigation, and published and unpublished reports. Dr. Dyson is familiar with the workings of reduction and alumina plants in general and Reynolds' San Patricio Plant in p'^ficular. He also is familiar with the use of asbestos in such plants and the potential for exposure to asbestos fibers. He may testify about his knowledge of the composition and asbestos content, if any, of the products to which Plaintiffs allege exposure. He is expected to testify, based on his review of relevant documents and other evidence, that Plaintiff Cabrera was not exposed to harmful levels of asbestos at any Reynolds facility, and that Reynolds complied with the appropriate standard of care. Specifically, he will testify that a review of the deposition testimonies, work history sheets, employment records, and the documents related to the specific work being performed by Plaintiff show that, within a reasonable degree of scientific certainty, Plaintiff should not have been exposed to harmful levels of airborne asbestos fibers while on Reynolds' premises. He will testify that the records of such work show no harmful asbestos exposure. He will testify that the records of such work show no harmful exposure. 12 Dr. Dyson further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 10. Elliot Hinkes, M.D. 301 North Prairie Avenue, Suite 311 Inglewood, California 90301 (310) 674-0050 Dr. Hinkes is a board-certified oncologist whom Reynolds may call as an expert witness at the trial of this matter to provide testimony regarding any and all medical issues in the case. His testimony may include, but is not limited to, the nature of asbestos and asbestos-related diseases generally; the nature and extent of any asbestos-related disease or injury which Mr. Cabrera may have or have had; the history of evolution and knowledge of asbestos-related diseases; causation; and, asbestos medicine in general. Dr. Hinkes' expert opinions may be based on his specialized knowledge, education, training and experience, as well as his review of any and all pleadings, transcripts of depositions, any and all medical records, x-rays and other documents produced in this litigation. Dr. Hinkes further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to her expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. 13 Dr. Hinkes further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff or by any codefendant, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 11. Robert N. Sawyer, M.D. Entek Environmental and Technical Services, Inc. 1724 5th Avenue Troy, New York 12180 Dr. Sawyer is a specialist in the field of asbestos exposure, risk assessment, and safety whom Reynolds may call at the trial to offer expert testimony regarding any and all issues concerning asbestos in this matter. Dr. Sawyer's opinions may be based on his specialized knowledge, education, training and experience, as well as his review of any and all pleadings, transcripts of depositions to be taken in this matter, and any and all records, analyses, diagnoses, reports, x-rays, surveys and other documents to be produced in discovery. Dr. Sawyer further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Sawyer is expected to testify regarding health issues associated with asbestos. It is further expected that he will testify regarding the levels of asbestos exposure, if any, from various types of products, as well as the amount of asbestos exposure, and the fiber type necessary to 14 cause or contribute to the formation of various types of asbestos-related diseases. He may testify that Mr. Cabrera was not exposed to harmful levels of asbestos from products at Reynolds' San Patricio facility. Dr. Sawyer further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state ofthe art issues; and as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions. Dr. Sawyer further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff or any codefendant, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 12. Andrew Churg, M.D. The University of British Columbia 2211 Wesbrook Mall Vancouver, B.C. Canada V6T1W5 (604) 875-4480 Dr. Churg is a board-certified pathologist whom Reynolds may call as an expert witness at the trial of this matter to provide testimony regarding any and all medical issues in the case. His testimony may include, but is not limited to, the nature of asbestos and asbestos-related diseases generally; the nature and extent of any asbestos-related disease or injury which Plaintiff Cabrera might have; the history of evolution and knowledge of asbestos-related diseases; the issues of causation - or lack thereof - between any alleged exposure to asbestos fibers and the medical condition of the Plaintiff; and, the relative importance of various fiber types and the 15 cause of various asbestos-related diseases; causation; and, asbestos medicine in general. Such testimony is expected to be based on his review of Plaintiffs medical records, pathology materials, x-rays, any and all deposition transcripts, documents produced in discovery and published and unpublished reports. Dr. Churg further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Churg further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff or by any codefendant, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 13. John E. Craighead, M.D. 1845 Four Winds Road Ferrisburgh, Vermont 05456 (802) 425-3480 Dr. Craighead is a pathologist with the Department of Pathology, University of Vermont, College of Medicine in Burlington, Vermont whom Reynolds may call to testify at the trial of this matter, either live or by deposition. His testimony may include, but is not limited to, the nature of asbestos and asbestos-related diseases generally; the nature and extent of any disease or injury which Plaintiff Cabrera might have; the history of evolution and knowledge of asbestos- 16 related diseases; the issues of causation - or lack thereof - between any alleged exposure to asbestos fibers and the medical condition of the Plaintiff; and, the relative importance of various fiber types and the cause of various asbestos-related diseases; and, asbestos medicine in general. Such testimony is expected to be based on his review of Plaintiff Cabrera's medical records, pathology materials, x-rays, any and all deposition transcripts, documents produced in discovery and published and unpublished reports. Dr. Craighead further may testify generally concerning the history of scientific knowledge, research and study of exposure to asbestos and its effects on the human body; as to all medical state of the art issues; as to his expert opinion as to levels of asbestos exposure .squired to cause disease and the basis for such opinions; as to exposure to asbestos in regard to development of respiratory diseases; and, as to the effects, or lack thereof, of exposure to various types of asbestos fibers. Dr. Craighead further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff or by any codefendant, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 14. Joseph Falcon, P.E. J.A. Falcon & Associates Consulting Power Engineers 17155 Roundhill Drive Huntington Beach, California 92649 (714) 846-3862 17 Mr. Falcon is a mechanical engineer whom Reynolds may call to offer expert testimony at the trial of this matter. He has personal knowledge of relevant facts, but is also an expert based upon his specialized knowledge, skill and training. Mr. Falcon may testify based upon his knowledge, education, training and experience working in engineering and construction. Mr. Falcon's expert opinions also may be based on his construction design documents, including, but not limited to, a variety of historical specifications for industrial facilities. Mr. Falcon further may rely on any and all pleadings in this matter, deposition transcripts and documents produced in discovery. Mr. Falcon may testify generally as to the history of the industrial equipment used at Reynolds' San Patricio facility. He may also address the design, layout and construction of alumina and aluminum reduction plants, the insulation of various pieces of plant equipment, including steam lines, heat transfer systems and turbines, the types of insulation used, and asbestos content. He may also discuss the roles and responsibilities of the various crafts involved in the plant, including, but not limited to, the insulating craftsmen, and the manhours, numbers and their duties during the various stages of construction of the plant. He may testify about whether thermal insulation used in conjunction with various equipment would have been asbestos up to and including the time period relevant to this litigation. He further can testify about the relationship between the owner, general contractor and subcontractors and the responsibility for health and safety of workers - specifically, that the general contractor had responsibility for the overall safety program of the jobsites, and that the subcontractors, in turn, had the responsibility to ensure the safety of their own workers. He 18 further can testify that insulating craftsmen were experts in their field and had superior knowledge as to any potential health hazards associated with exposure to asbestos fibers. Mr. Falcon further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiff or by any codefendant, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 15. Reynolds reserves the right to offer as an expert witness any of the physicians, nurses or other medical and/or psychological professionals who have either treated or diagnosed Mr. Cabrera or consulted with any such treating professional. 16. Any and all expert witnesses identified by Plaintiff or any codefendant. 17. Reynolds reserves the right to designate additional expert witnesses for rebuttal or any other purpose. 18. Reynolds reserves the right to designate an economic expert should the Plaintiff designate an economic expert to testify at trial. II Witnesses Capable of Offering Both Lav and Expert Testimony 1. Homer M. Cole Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 Homer Cole is the Corporate Director of Industrial Hygiene and Toxicology at Reynolds Metals Company. He has been an industrial hygienist at Reynolds since 1972. He is familiar with the workings of reduction plants and the potential for exposure to occupational hazards, including asbestos fibers. He performed industrial hygiene surveys at the San Patricio plant and may testify regarding such surveys as well as other factual matters based on 19 his personal experience and knowledge. Mr. Cole will 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, state-of-the art, 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. 2. Ronald Benton Reynolds Metals Company 6601 West Broad Street Richmond, VA 23230 Mr. Benton is Manager of Industrial Hygiene and Safety Services at Reynolds Metals Company. He has been an industrial hygienist at Reynolds since 1974. He performed industrial hygiene surveys at the San Patricio 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, state-of-the art, 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. 3. E. Claiborne Irby, M.D. Reynolds Metal Company 11-1/2 Tapoan Road Richmond, VA 23226 20 Dr. Irby is the retired Corporate Medical Director for Reynolds Metals Company. He held that position from 1977 until his retirement in 1992. He began with Reynolds in 1959 as a staff physician. He may be called as a factual witness but because he qualifies as an 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. REYNOLDS METALS COMPANY By: David Craig Landin (Texas Bar No. 11863720) John D. Epps (Texas Bar. No. 00796079) Eric G. Reeves (Texas Bar No. 24026170) 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 202 North Carancahua Corpus Christi, Texas 78470 (512) 888-9392 (512) 888-9187 (facsimile) 21 CERTIFICATE OF SERVICE I hereby certify that on September 5*^ 2000, a true and correct copy of the above and foregoing instrument is being served by facsimile and certified mail, return receipt requested, on the following Plaintiffs'counsel: Stephanie A. Finch, Esq. Baron & Budd, P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 All other counsel are given notice of this plea<'* ' ' TT nail. 22