Document NE9KEymng7gMb8G5168GKO4eb

CAUSE NO. 00-02721 -00-0-H GONSALO CARILLO, et al. VS. GAF CORPORATION (successor to Rubberoid Corporation), et al. IN THE DISTRICT COURT 105th JUDICIAL DISTRICT NUECES COUNTY, TEXAS SOUTHWESTERN REFINING COMPANY, INC.'S DESIGNATION OF EXPERT WITNESSES NOW COMES, Defendant, SOUTHWESTERN REFINING COMPANY, INC. andfilesthis its Designation of Expert Witnesses. I. Defendant designates the following individuals as testifying experts: 1. Birkner, Lawrence W., CIH, CSP McIntyre, Birkner & Associates 2026 El Monte Drive Thousand Oaks, California 91362-1822 (805) 494-8173 Mr. Birkner is a certified industrial hygienist and safety professional, and may provide testimony regarding the history and state of the art of industrial hygiene as it relates to asbestos and asbestos containing products; the use of and alternatives to asbestos containing products; methods and levels of asbestos exposure and the epidemiology of diseases associated with such exposure; a retrospective assessment or estimate of Plaintiffs' exposure to asbestos in his work environment based on historical literature and the facts available in this case; the applicability of the ACGIH, OSHA and EPA guidelines as they related to occupational exposures to various types of asbestos-containing products; and that certain Defendants' and/or non-parties' approach to the handling and control of any asbestos-containing materials on its premises were reasonable in light of available information and industrial hygiene practices at different points in time. He may also testify as to any matter raised by experts called by Plaintiffs or any co-Defendant in this cause. DANYRC\912198V000036 SAN ANTONlO\S47679.1 2. Balzer, J. LeRoy, Ph.D. 408 Horse Trail Court Alamo, California 94507 (925) 274-0826 Mr. Balzer is the Assistant Vice Chancellor at University of California Health Sciences Campus, andmay testify regarding industry practice andstandards, thestate ofthe art ofindustrial hygiene, the state ofknowledge regarding exposure to asbestos and effects thereof at relevant times andreasonableness of reliance upon established and safe levels of exposure to asbestos. He may also testify as to any matter raised by experts called by Plaintiffs or any co-Defendant in this cause. 3. Clark, Roger A. P.O. Box 271282 Corpus Christi, Texas 78427-1282 (361) 814-8292 Mr. Clark is a former employee of Southwestern Refining Company, Inc. ("Southwestern") and worked at the refinery from 1977 until the sale ofthe refinery in 1995. During these years, Mr. Clark was employed in the Environmental and Regulatory Compliance Division of Southwestern and as such was involved in the development of and compliance with Southwestern's programs, policies and procedures regarding asbestos waste and in Southwestern's adherence to applicable and guiding rules, regulations and standards relating to same. Mr. Clark, in addition to offering factual testimony, may offer specialized, expert or opinion testimony based on his experience, background and training in the field regarding the reasonableness ofSouthwestern's conduct as to the premises. He may also testify as to any matter raised by experts called by Plaintiffs or any co-Defendant in this cause. 4. Craighead, JohnE., M.D. Chairman Department of Pathology A249 Given Medical Building University ofVermont College of Medicine Burlington, Vermont 05401 (802) 425-3480 and/or John B. Craighead, M.D. 1845 Four Winds Road Ferrisburgh, Vermont 05406 (802)425-3480 Dr. Craighead is Chairman of the Department of Pathology at the University of VermontCollegeofMedicine, andmay testify as to the history ofasbestos utilization DANYRC\912198\000036 SAN ANTONIO\547679.1 -2- in this country for industrial purposes and relate, in general, the developing concepts regarding its potential role in the causation of disease; general and asbestos-related pulmonary pathology and epidemiology relevantthereto; cancer issues, including the risk of cancer, carcinogenicity of worksites and environmental chemicals and substances and epidemiology; his examination of Plaintiffs' medical records and pathology materials; the medical condition ofPlaintiffs; and the relationship, ifany, of such conditions to Plaintiffs' alleged exposure to asbestos and other substances. He may also testify as to any matter raised by experts called by Plaintiffs or any coDefendant in this cause. 5. Dyson, William, Ph.D. 1022 Jefferson Rd Greensboro, North Carolina 27410 (336) 855-7308 Dr. Dyson is an industrial hygienist and may give testimony regarding industry practices and standards, the state of the art of industrial hygiene, the state of knowledge regarding exposure to asbestos, the effects thereofat relevant times, and reasonableness ofreliance upon established and safe levels of exposure to asbestos. He may also testify regarding any matterraised by experts called by Plaintiffs or any co-Defendant in this cause. 6. Knorpp, James T. Knorpp Safety Services 2149 Misty's Run Keller, Texas 76248 (817) 379-0840 Mr. Knorpp is a professional engineer, and may testify concerning OSHA's requirements and that those requirements are the responsibility of the employer to protect the worker. He may also testify regarding any matter raised by experts called by Plaintiffs or any co-Defendant in this cause. 7. Pendergrass, John, CIH, CSP, PE 6700 Milkhouse Court Mobile, AL 36695 Mr. Pendergrass is a certified industrial hygienist and may give testimony regarding industry practices and standards, the state ofthe art ofindustrial hygiene, the state of knowledge regarding exposure to asbestos^ the effects thereofat relevant times, and reasonableness ofreliance upon established and safe levels of exposure to asbestos. He may also testify regarding any matter raised by experts called by Plaintiffs or any co-Defendant in this cause. DANYRC\912198U)00036 SAN ANTONIO\547679.1 -3- 8. Tom Sands 6945 Aswan Drive Corpus Christi, Texas 78412 (361) 991-4701 or do Koch Refining Company P.O. Box 2608 Corpus Christi, Texas 78403 (361) 242-5380 Mr. Sands is a former employee of Southwestern, and is now employed by Koch Refining Company in Corpus Christi, Texas. Mr. Sands worked at the refinery beginning in approximately 1980 and up until the sale ofthe refinery in 1995. Mr. Sands was employed in the maintenance division of the refinery as Maintenance Manager, as Operations Manager and ultimately as Refinery Manager. In his positions at Southwestern, Mr. Sands was involved in the development of and compliance with Southwestern's programs, policies and procedures regarding asbestos and in Southwestern's adherence to applicable and guidingrules, regulations and standards relating to asbestos removal, abatement, disposal and/or monitoring. Mr. Sands, in addition to offering factual testimony, may offer specialized, expert or opinion testimony based on this experience, background and training in the field regarding the reasonableness of Southwestern's conduct as to the premises. He may also testify regarding any matter raised by experts called by Plaintiffs or any Co-Defendant in this cause. 9. Dr. J. Robert Shepherd 3505 Lakcmont Tyler, Texas 75707 (903) 877-7100 Dr. Shepherd may provide testimony regarding his review of Plaintiffs' medical records, x-rays, and reports and supplemental reports of Plaintiffs' experts; the criteria used to diagnose asbestos-related diseases, his opinions as to whether Plaintiffs suffer from asbestos-related diseases, Plaintiffs' medical conditions and Plaintiffs' prognosis; and general medical issues with emphasis on the respiratory system and the effect of asbestos and other substances on human health generally, and with respect to Plaintiffs specifically. He may also testify regarding any matter raised by experts called by Plaintiffs or any coDefendant in this cause. n. Plaintiffs, Gonsalo Carillo's and Luis Vera's treating physicians have not been retained as expert witnesses by this Defendant, but are physicians who have treated the Plaintiffs and who may DANYRC\912198VJ00036 SAN ANTONIOVi47679.1 -4- be called to testify at the time oftrial about their care and treatment ofthe Plaintiffs and diagnoses and prognoses ofthe Plaintiffs. Defendant reserves the right to call any treating physician who may be named by the Plaintiffs in response to discoveiy responses or witness designations, as well as the custodians of records for each such physician. Defendant hereby incorporates the list of treating physicians identified by the Plaintiffs in response to the Defendants' discovery requests and/or master discovery responses. These treating physicians include, but are not limited to: 1. Espelza, Dr. Sandra 2606 Hospital Blvd Corpus Christi, TX 78405 Plaintiff, Gonsalo Carillo's health care provider. 2. Garcia, Dr. Pete Medical Tower Corpus Christi, TX Plaintiff, Luis Vera's health care provider. 3. Garcia, Dr. Hector 2606 Hospital Blvd. Corpus Christi, TX 78405 Plaintiff, Gonsalo Carillo's health care provider. 4. Gray, Dr. David 7121 S. Padre Island Dr. No. 102 Corpus Christi, TX Plaintiff, Luis Vera's health care provider. 5. Kingsville Medical Center 227 West Kleberg Avenue Kingsville, TX Plaintiff, Luis Vera's health care provider. DANYRC\912198\000036 SAN ANTONIO'547679.1 -5- 6. Petroff, Peter A., M.D. Independent Medical Associates, PA. Santa Rosa Northwest Tower, n 2833 Babcock Road, Suite 435 San Antonio, Texas 78229 210/614-5855 Plaintiffs, Gonsalo Carillo's and Luis Vera's health care provider. 7. Sosa, Eh*. Gilbert 605 East Caesar Avenue Kingsville, TX Plaintiff, Luis Vera's health care provider. 8. Spohn Health Systems 605 East Caesar Avenue Kingsville, TX Plaintiff, Luis Vera's health care provider. 9. Spohn Memorial Hospital 2606 Hospital Blvd. Corpus Christi, TX 78405 Plaintiff, Gonsalo Carillo's health care provider. 10. Tavares, Dr. Sergio 613 Elizabeth St., No. 302 Corpus Christi, TX Plaintiff, Luis Vera's health care provider. 11. Turner, Dr. Stephen 613 Elizabeth St No. 402 Corpus Christi, TX Plaintiff, Luis Vera's health care provider. in. Defendant reserves the right to amend and/or supplement this designation in the event that Plaintiffs' medical records. Plaintiffs' supplemental interrogatory answers, depositions, or other discovery disclose additional expert witnesses. DANYRC\912I9S\000036 SAN ANTONIO\3 47679.1 -6- IV. Defendant reserves the right to elicit, by way ofcross-examination, opinion testimony from experts designated and called by other parties to this case. Defendant expresses its intention to possibly call, a* witnesses associated with adverse parties, any ofthe Plaintiffs' experts designated in this case. V. Defendant hereby designates, as adverse parties, potential adverse parties, and/or as expert witnesses associated with adverse parties, all parties to this suit and all expert witnesses designated by any party to this suit, even ifthe designated party is not a party to this suit at the time oftrial. In the event a present or future party designates any expert witnesses but then is dismissed for any reason from this cause or fails to call any designated expert witness, Defendant reserves the right to designate and/or call any such party or expert witness, previously designated by any party. VI. Defendant reserves the right to call undesignated rebuttal expertwitnesses whose testimony cannot reasonably be foreseen until the presentation ofthe evidence against Defendant DANYRCV912198\D00036 SAN ANT0N10\3*7679.1 -7- Respectfully submitted, BRACEWELL & PATTERSON, L.L.P. 800 One Alamo Center 106 S. St. Mary's Street San Antonio, Texas 78205 Telephone: (210) 226-1166 Facsimile: (210) 226-1133 . i . u v. m*. State Bar No. 05377700 Christopher C. Rulon State Bar No. 00791580 ATTORNEYS FOR DEFENDANT, SOUTHWESTERN REFINING COMPANY, INC. DANYR0912198\000036 SAN ANTONIO\J4767. 1 -8- CERTIFICATE OF SERVICE I hereby certify that on the 21 st day ofMarch, 2001, atrue and correct copy ofthe foregoing has been mailed by certified mail, return receipt requested, to: Ms. Jennyfer B. Gray Baron & Budd The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 and by regular mail to all other parties on the attached Het Richard C. Danysh DANYRC\912198\000036 SAN ANTONIO\S47679.1 -9- N- A tS <^CN4 W* k k a Isi J3 NNO e s s t s 8 fc 5 ff 5 fc <o CKO 8 co cn <CCOOo ts $ -s 8e <53 5 v (0 (fl B11 .Da Q^5 ^O s& h- CN g 1t: O 3 h- fS JS 8 g i 65 X X CJ p 8 a *6 *0 . J >. >, cl CL _Jl I o: i6 B 11 i! I! 1 1 e CAUSE NO. 00-02721-00-0-H GONSALO CARILLO, et al. VS. GAF CORPORATION (successor to Rubberoid Corporation), et al. IN THE DISTRICT COURT 105th JUDICIAL DISTRICT NUECES COUNTY, TEXAS SOUTHWESTERN REFINING COMPANY, INC.'S CERTIFICATE OF WRITTEN DISCOVERY I hereby certify that a true and correct copy ofthe following instrument was forwarded to all other known parties ofinterest on March 21,20001 by certified mail, return receipt requested or by regular mail. 1. SOUTHWESTERN REFINING COMPANY, INC.'S DESIGNATION OF EXPERT WITNESSES. Respectfully submitted, BRACEWELL & PATTERSON, L.L.P. 800 One Alamo Center 106 S. St. Mary's Street San Antonio, Texas 78205 Telephone: (210) 226-1166 Facsimile: (210)226-1133 DANYRC\912198V000036 SAN ANTONIO\S47870.1 ATTORNEYS FOR DEFENDANT, SOUTHWESTERN REFINING COMPANY, INC. CERTIFICATE OF SERVICE I hereby certify that on the 21st day ofMarch, 2001, a true and correct copy ofthe foregoing has been mailed by certified mail, return receipt requested, to: Ms. Jennyfer B. Gray Baron & Budd The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 and by regular mail to all other parties on th DANYR0912198N00U0M SAN ANTONIO\547870.1 -2-