Document NG42gy2nNObmGRERj8d4vnNrg

P LA IN TIFF'S E X H IB IT RMC-624 HUNTON& WHUAMS August 30, 2000 SERO&00*005683 RIVERFRONT PLAZA, EAST TOWER 951 EAST BYRD STREET RICHMOND, VIRGINIA 23219-4074 TEL 804 788 8200 FAX 804 788 8218 TURNER A. BROUGHTON DIRECT DIAL: 804 788 8632 EMAIL: tbroughton@hunton.com FILE NO: 50684.80 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: Weldon R. Moake, et. al Cause No. 90G2055 Dear Stephanie: Please find enclosed Defendant Reynolds Metals Company's Preliminary Designation of Expert Witnesses. Sincerely yours, / -- Jc> Turner A. Broughton TAB/mh Enclosure cc: All known defense counsel (via regular mail w/o encl.) Atlanta Bangkok Brussels charlotte hong kong knoxville London mclean NEW YORK NORFOLK RALEIGH RICHMOND WARSAW WASHINGTON www. hi-ji ton.con? miami NO. 90G2055 WELDON R. MOAKE and JANICE I. MOAKE; KEVIN R. MOAKE; DANA R. ASHLEY; and MACK K. MOAKE Plaintiffs, v. OWENS CORNING FIBERGLAS CORPORATION, (a/k/a OWENS CORNING CORPORATION), et al., Defendants. IN THE DISTRICT COURT BRAZORIA COUNTY, TEXAS 239th 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 of this matter. Reynolds reserves the right to supplement this preliminary designation once Plaintiff complies with its discovery obligations to produce medical records, including, but not limited to, x-rays, CT scans and pathology materials; to identify persons with knowledge of the facts of Plaintiffs claim; to identify its testifying experts and the substance of their opinions, if any, as to Reynolds; and to specify the facts and legal theories of Plaintiff s claims against Reynolds. 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 x-rays, CT scans, MRIs, and 1 medical records of Plaintiff Moake which, to date. Plaintiffs have failed to produce. Dr. Barrett may testify as to his review of the Plaintiffs medical records and conclusions reached from this review and, depending on the content of Plaintiff s medical records, may testify that the x-rays of Mr. Moake do not demonstrate any evidence of exposure to asbestos. Following his review of Plaintiffs medical records Dr. Barrett may also testify that, in his opinion, Mr. Moake 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 Plaintiffs, 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 x-rays, CT scans, MRIs and medical records of Plaintiff Moake which, to date, Plaintiffs have failed to produce. Dr. Wiot 2 may testify as to his review of Plaintiffs' medical records and conclusions reached from this review. Dependent upon the content of Plaintiffs medical records, Dr. Wiot may testify that the x-rays of the Plaintiff do not demonstrate exposure to asbestos. Following his review of Plaintiffs medical records he may testify that, in his opinion, Plaintiff Moake does not have an asbestos-related 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 Plaintiffs, 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 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. 3 Dr. Weill is expected to testify regarding the medical condition of Plaintiff Moake, and as to the issues of 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. Dependent upon the content of the medical records which, to date, the Plaintiff has failed to produce. Dr. Stockman is expected to testify regarding the medical condition of Plaintiff Moake and may testify he is not suffering from an asbestos-related disease. 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, in particular, mesothelioma, 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 Plaintiffs, 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 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. 5 Hale's opinions also may be based on a medical examination of the Plaintiff. Dependent upon the content of Plaintiffs medical records which, to date, the Plaintiff has refused to produce, Dr. Hale is expected to testify regarding the medical condition of Plaintiff Moake and may testify that he is not suffering from an asbestos related disease. 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, in particular, mesothelioma, 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 Plaintiffs, and the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witnesses. 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, 6 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 Moake, and as to the issues of causation - or lack thereof between any alleged exposure to asbestos fibers and Plaintiffs 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 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., CIH 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. Reynolds may call Dr. Petersen as an expert witness to testily, either live or by deposition, in 7 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 Moake in this litigation, and published and unpublished reports. Dr. Peterson is familiar with the workings of reduction and alumina plants in general and Reynolds' Sherwin and San Patricio plants in particular. 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 Mr. Moake alleges exposure. He is expected to testify, based on his review of relevant documents and other evidence, that Plaintiff Moake 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 Plaintiffs shows that, within a reasonable degree of scientific certainty, Plaintiffs 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' Sherwin and San Patricio plants. This stateof-the-art testimony may also include the development of knowledge by certain industries such as insulation manufacturers, distributors and contractors, and of the potential risk for certain populations, including insulators. He may testify about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. He may testify 8 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. He is expected to testify that Reynolds' conduct met and exceeded the applicable standard of care and that Reynolds breached no duty to Plaintiff Moake. He is expected to testify that for all or a substantial part of the alleged asbestos exposure at Reynolds Plaintiff and his employer each knew or should have known that exposure to airborne asbestos fibers presented a potential hazard to Thorpe's insulators and to Moake. Additionally, he is expected to testify that Mr. Moake knew or should have known to take appropriate steps to prevent harmful exposures. Dr. Petersen further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the plaintiffs 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 witness. 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 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 Moake in this litigation, and published and unpublished reports. Dr. Balzer is familiar with 9 the workings of reduction and alumina plants in general and Reynolds' Sherwin and San Patricio plants in particular. He also is familiar with the use of asbestos in such plants and the potential for exposure to asbestos fibers. He may testily about his knowledge of the composition and asbestos content, if any, of the products to which Mr. Moake alleges exposure. He is expected to testify, based on his review of relevant documents and other evidence, that Plaintiff Moake 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 testily that a review of the deposition testimonies, work history sheets, employment records, and the documents related to the specific work being performed by Plaintiffs shows that, within a reasonable degree of scientific certainty, Plaintiffs should not have been exposed to harmful levels of airborne asbestos fibers while on Reynolds' premises. He will testily 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' Sherwin and San Patricio plants. This stateof-the-art testimony may also include the development of knowledge by certain industries such as insulation manufacturers, distributors and contractors, and of the potential risk for certain populations, including insulators. He may testily about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. He may testily 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. He is expected to testily that Reynolds' conduct met and exceeded the applicable standard of care and that Reynolds breached no duty to Plaintiff Moake. He is expected to testily that for all or a substantial part of the alleged asbestos exposure at Reynolds Plaintiff and his employer each 10 knew or should have known that exposure to airborne asbestos fibers presented a potential hazard to Thorpe's insulators and to Moake. Additionally, he is expected to testify that Mr. Moake knew or should have known to take appropriate steps to prevent harmful exposures. Dr. Balzer further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the plaintiffs 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 witness. 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 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 11 knowledge by certain industries such as insulation manufacturers, distributors and contractors, and of the potential risk for certain populations, including insulators. 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 Moake in this litigation, and published and unpublished reports. Dr. Dyson is familiar with the workings of reduction and alumina plants in general and Reynolds' Sherwin and San Patricio plants in particular. 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 Mr. Moake alleges exposure. He is expected to testify, based on his review of relevant documents and other evidence, that Plaintiff Moake was not exposed to harmful levels of asbestos at any Reynolds facility, and that Reynolds complied with the appropriate standard of care. He is expected to testify that for all or a substantial part of the alleged asbestos exposure at Reynolds, Plaintiff and his employer each knew or should have known that exposure to airborne asbestos fibers presented a potential hazard to Thorpe's insulator's and to Moake. Additionally, he is expected to testify that Mr. Moake knew or should have known to take appropriate steps to prevent harmful exposures. 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 Plaintiffs shows that, within a reasonable degree of scientific certainty, Plaintiffs 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. 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. Moake may have or have had; the history of evolution and knowledge of asbestos-related diseases; causation; and, asbestos medicine in general. 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 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. 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. 13 Dr. Hinkes further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiffs 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 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 cause or contribute to the formation of various types of asbestos-related diseases. He may testify that Mr. Moake was not exposed to harmful levels of asbestos from products at Reynolds' Sherwin and San Patricio facilities. 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; and as to his expert opinion as to levels of asbestos exposure required to cause disease and the basis for such opinions. 14 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 Moake may 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 cause of various asbestos-related diseases; causation; and, asbestos medicine in general. Such testimony is expected to be based on his review of Plaintiff Moake's 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 15 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 Plaintiffs 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 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 Moake may 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 cause of various asbestos-related diseases; causation; and, asbestos medicine in general. Such testimony is expected to be based on his review of Plaintiff Moake'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 16 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. Craighead further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiffs 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. Lawrence R. Birkner, CIH, CSP McIntyre, Birkner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, Califormnia 91362-1822 (805)494-8173 Mr. Birkner is a certified industrial hygienist and certified safety professional. He is expected to provide expert testimony regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger diseases associated with dust exposure, good housekeeping measures, and other related matters. 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 Moake in this litigation, and published and unpublished reports. He may testify about his knowledge of the composition and asbestos content, if any, of the products to which Mr. Moake alleges exposure. He may testify to industrial hygiene state-of-the-art issues, generally. This state-of-theart testimony may also include the development of knowledge by certain industries such as insulation manufacturers, distributors and contractors, and of the potential risk for certain populations, including insulators. He may testify about industrial hygiene principles and 17 methodologies used to determine potential hazards due to asbestos exposure. 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. He may testily regarding the size, construction, layout and working environment of facilities such as where Plaintiff worked. He may testify about the nature of the working environment in such locations. He may testify about his knowledge of the composition and asbestos content, if any, of products present in the Plaintiffs workplace and may testify concerning the ability of such products to emit asbestos fibers under certain conditions. Mr. Birkner further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the plaintiffs 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 witness. 15. Mark R. Wick, M.D., F.C.A.P. University of Virginia Medical Center Charlottesville, Virginia Dr. Wick is a pathologist with the Department of Pathology at the University of Virginia Medical Center Charlottesville, Virginia 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 Moake may 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 cause of various asbestos-related diseases; causation; and, asbestos medicine in general. Such testimony is expected to be based on his review of Plaintiff Moake's medical 18 records, pathology materials, x-rays, any and all deposition transcripts, documents produced in discovery and published and unpublished reports. Dr. Wick further may address any other matters raised by any expert who testifies at trial, including expert witnesses called by the Plaintiffs 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. 16. Joseph Falcon, P.E. J.A. Falcon & Associates Consulting Power Engineers 17155 Roundhill Drive Huntington Beach, California 92649 (714) 846-3862 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 conduction 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' Sherwin and San Patricio facilities. 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 19 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 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 Plaintiffs 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. 17. 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. Moake or consulted with any such treating professional. 18. Any and all expert witnesses, specifically including John Pendergrass, identified by Plaintiffs or any codefendant. 19. Reynolds reserves the right to designate additional expert witnesses for rebuttal or any other purpose. 20. Reynolds reserves the right to designate an economic expert should the Plaintiffs designate an economic expert to testify at trial. II 20 Witnesses Capable of Offering Both Lay 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 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 21 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 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. 4. Alex Baca Baca Safety Consulting 6214 Battery Lane San Antonio, Texas 78233 (210)657-0705 Mr. Baca is a retired inspector for the United States Department of Labor Mine Safety Health Administration. He was a Federal Mine Safety and Health Inspector until January, 1998 with duties to enforce the Safety and Health Regulations on Mining Operations and to gain compliance with such regulations. Pursuant to this position, Mr. Baca inspected the Sherwin Plant. Mr. Baca may testily regarding such inspections, that he considered Reynolds' safety and industrial hygiene practices to be protective of workers health, as well as to other factual matters 22 based on his personal experience and knowledge. He may be called as a factual witness but because he qualifies as an expert, he may offer expert testimony in the fields of industrial health and safety, state of the art, and governmental regulations, as they may relate to occupational asbestos exposures. REYNOLDS METALS COMPANY By: David ,, x Bar No. 11863720) John D. Epps (Texas Bar. No. 00796079) 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) 23 CERTIFICATE OF SERVICE I hereby certify that on August 20, 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 Plaintiff's counsel: Stephanie A. Finch, Esq. Baron & Budd, P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 All other counsel may call my assistant, Merry Harrison, at (804) 788-8688 to obtain a copy of this pleading. 24