Document M4GyxDRJnDoa9Dk25wOEwjKKz

FaY MOORE, Individually and as Personal Representative of the Heirs and Estate of Leo Moore, Deceased, Plaintiffs, V. REYNOLDS METALS COMPANY, et ah, Defendants,. 3c .V IN THE DISTRICT COURT NUECES COUNTY, TEXAS 343rd JUDICIAL DISTRICT DEFENDANT REYNOLDS METALS COMPANY'S RESPONSE TO PLAINTIFF'S 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 Plaintiffs Request for Disclosures: A. The correct names of the parties to the lawsuit. Reynoids stales 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. n At this time, Reynolds is aware not aware of any "potential parties." Reynolds reserves the nght 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 plaintiffto us Special Exceptions, Original Answer and Affirmative Defenses to Plaintiffs Original Asbestos Petition filed on March 9, 1998. At this time, Reynolds expects that its defense will be based on documentary and restimonial evidence (including lay and expen testimony) that.  Decedent Leo Moore ("Moore") was not exposed to harmn.il levels of asbestos as an employee of Reynolds; ~ Moore's lung cancer was attributable 10 a cause order rhan exposure to asbestos, specifically including, but not limited to, his use of tobacco products; Reynolds' did not breach any duty of care owed to Moore; Reynolds was not grossly negligent; and Moore was contributorily negligent. D. The amount and any method of calculating economic damages. Plaintiffs cause of action does not give rise to a recovery of economic damages, but only punitive damages for gross negligence. At this rime, plaintiff has not disclosed the amount of damages she seeks nor the method of calculating such damages. Although Reynolds generally denies that grounds exist for punitive 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 plaintiffhas 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 maner, and, at this time, Reynolds does no;. 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 ofthis matter. Reynolds therefore reserves the right to supplement its response to this Request in accordance with Rule 193 ofthe Texas Rules of Civil Procedure At this time, Reynolds identifies the following individuals who may have knowledge ofrelevant facts and who Reynolds may call to testify at the trial ofthis matter: 2 1) ' Plaintiff Mrs. Velena Fay Moore 3114 Main Street Post Office Box 163 Ingleside, Texas 78362 2) Moore's Treating Physicians. Reynolds may call some or all ofthe following individuals as trial witnesses to offer testimony, including expen testimony, about their care, treatment and diagnosis of Moore. Dr. C. H. Isensee 3302 South Alameda Street Corpus Christi, Texas 784X1 Dr. Phyllis J. Noss 4511 Fairway Avenue Dallas, Texas 75219 Dr. Lorraine Stehn 1731 West Wheeler Avenue Aransas Pass, Texas 78336 Dr. . Brugo 506 East San Antonio Street Victoria, Texas 77901 Dr. Kirby G. Barker, Jr. Oncology-Hematology Associates 2601 Hospital Boulevard, Suite 112 Corpus Christi, Texas 78405 (512) 883-8553 I Dr- Jerrold L. Abraham State University of New York 750 East Adams Street Syracuse, New York 13210 3) Coworkers. Reynolds may call Moore's coworkers as trial witnesses and reserves the right to supplement its response to this request when it has determined the names and locations of these witnesses. 3 4) Reynolds Personnel. (a) Shenvin Alumina Plant Personnel Reynolds may call some or ail of the following individuals who were employed at various times at the Sherwin Alumina Plant to testify as to their personal knowledge concerning plant operations and plant conditions; the use of asbestos-containing products in plant operations; the elimination and abatement of asbestos; Reynolds' safety procedures, both in genera! and as they relate to asbestos (including the use of respirators), Moore's potential for asbestos exposure; and, other matters relevant to plaintiffs claims and/or Reynolds' defenses: Dr. Jobs frandolig RR1, Box 358 Lake Geneva, W1 53147 Dr. Frandoiig was the Sherwin Alumina Plant Medical Director from 1989-91. He may be called to testify about his knowledge regarding the Respiratory Surveillance Program ax the Sherwin Alumina Plant, Reynolds' safety procedures in general, as well as specific safety procedures as they relate to asbestos. He may also be called to testify about his knowledge related to asbestos exposure procedures. Dr. Guy Racette 8122 Deck Street Corpus Christi, TX 78412 Dr. Racette was the Sherwin Alumina Plant Medical Director from 1991-93. He: _ may be called to testify about his knowledge regarding the Respiratory Surveillance Program at the Sherwin Alumina Plant, Reynolds' safety procedures in general, as well as specific safety procedures as they relate to asbestos. He may also be called to testify about his knowledge relaxed to asbestos exposure procedures.