Document RjdqLpZzQkkvoJBgKLd55KLB8

NO. 0103419C L. W. BROKENBERRY, ET AL. V. U.S. GYPSUM COMPANY, ET AL. IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 68TM JUDICIAL DISTRICT DEFENDANT PHARMACIA CORPORATION S, FORMERLY KNOWN AS MONSANTO COMPANY, RESPONSE TO PLAINTIFF'S REQUEST FOR DISCLOSURE UNDER RULE 194 TO: Plaintiffs, by and through their attorneys ofrecord, Elizabeth Schick, Lou Thompson, Stephanie Finch, and Monty Sullivan, Baron & Budd, P.C., The Centrum, Suite 1100,3102 Oak Lawn Avenue, Dallas, Texas 75219. Pursuant to Tex. R. Civ. P. 194, Defendant Pharmacia Corporation, formerly known as Monsanto Company (hereinafter referred to as "Defendant") serves this Response to Plaintiffs Request for Disclosure. (a) The correct names of the parties to the lawsuit. Answer: Defendant's correct name is Pharmacia Corporation. Pharmacia Corporation was formerly known as Monsanto Company. Defendant has no personal knowledge regarding the correct names of other parties to this suit. (b) The name, address and telephone number of any potential parties. Answer: Unknown at this time. (c) The legal theories and, in general, the factual bases ofthe responding party's claims or defenses. Answer: Discovery is not complete at this time and Defendant is still in the process ofdeveloping the facts in the case as well as its legal theories. However, at this time, Defendant's defense is based upon the following legal theories: a. The plaintiff is not entitled to damages because he does not suffer from an asbestos-related disease. b. Defendant is not responsible for any alleged asbestos-related injury claimed by the Plaintiffbecause, to the extent the Plaintiffwas ever on a premises owned by Monsanto, he was not exposed to asbestos fibers in sufficient concentration and for sufficient duration to have caused or contributed to the development ofany asbestos-related disease. Therefore, exposure to asbestos on a premises owned by Monsanto was neither a cause in fact nor a proximate cause ofthe Plaintiff's alleged injuries. c. Defendant was never an employer ofthe Plaintiffs. Asbestos manufacturers or insulation contractors, not Defendant, supplied the asbestos-containing products used on Monsanto's premises. Monsanto's premises were simply one ofmany job sites at which Plaintiffworked. As such, Defendant owed no legal duty toward Plaintiff and cannot be liable under a theory of negligence or gross negligence. d. Because Defendant did not manufacture or supply the asbestos-containing products to which Plaintiff claims exposure. Defendant cannot be liable under a theory of strict products liability. e. Based on the state of knowledge existing during the relevant time period, Defendant reasonably believed that workers on its premises were not exposed to unsafe levels ofasbestos fibers. Furthermore, at all relevant times Monsanto acted K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -2- reasonably, met or exceeded the appropriate standard of care for the circumstances and, therefore, was not negligent. f. To the extent Plaintiff has suffered damages, such damages were caused by the acts, conduct or omissions ofpersons or entities other than Defendant and over whom Defendant has/had no control. g. Plaintiffs claims are barred by the doctrine of laches and by the statute of limitations. (d) The amount and any method of calculating economic damages. Answer: N/A. (e) The name, address and telephone number ofpersons having knowledge ofrelevant facts, and a brief statement of each identified person's connection with the case. Answer: Based on the pleadings and discovery served by Plaintiffs, at this time Defendant responds as follows, but reserves the right to amend the following as discovery progresses and the facts ofthe case develop: Dr. R. Emmet Kelly (now deceased) By prior deposition and/or trial testimony in: Schmidt, etal. v. AC&S, et al. \ No. D-145,280; 136th Judicial District Court of Jefferson County, Texas Major, et al. v. ALCO Standard Corp., et al.\No. 93-CV-315; U.S. District Court for the Eastern District of Texas Bush, et al. v. Appalachian Power Co., et al.\ No. 91-C-157, Putnam County, Texas Smith, etal. v. Monsanto Company, etal.\ C.A. No. 2 91-0524; U.S. District Court, Southern District of West Virginia at Charleston Corporate medical doctor 1946-1974 Dr. George Roush (now deceased) 10 Babler Lane St. Louis, MO 63124 (314) 997-2234 K:\SolutiaVBrokenberry\Discovery\Responses to RFD.wpd -3 Corporate medical doctor 1975-1988 Dr. Barry R. D. Friedlander Exxon BioMedical Sciences Mettlers Road CN 2350 East Milstone, NJ 08875 Corporate medical doctor 1988-1994 Messrs. Kelly, Roush and Friedlander were corporate medical doctors and are expected to have knowledge ofDefendant's corporate medical practices, procedures, and policies, as well as the general knowledge of corporate medical directors. Dr. Jay W. O'Bryant Beeler-Manske Clinic 818 5th Street North Texas City, Texas 77590 (409) 948-8521 Dr. O'Bryant is a physician who was engaged and consulted byDefendant relating to medical matters at Monsanto's Texas City plant from 1946 until 1986. Dr. James Rau 1203 South Hill Alvin, Texas 77511 (713)331-3591 Dr. William McDaniel 400 Hillje Street Alvin, Texas 77511 (713)331-3591 Drs. Rau and McDaniel are physicians who were engaged and consulted by Defendants' Chocolate Bayou plant in Alvin, Texas relating to medical matters at the Chocolate Bayou plant from 1962 until 1988. Dr. William Gaffey 11269 Pineside Drive St. Louis, Missouri 63146 Dr. Gaffey was corporate epidemiology director from 1979 until 1989 at Defendant's headquarters in St. Louis, MO. K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -4- Elmer Wheeler (deceased) Jack T. Garrett (deceased) By prior deposition testimony in: Schmidt, etal. v.AC&S, etal.; No.D-145,280; 136th Judicial District Court ofJefferson County, Texas Carl Bohl 455 Wildewood Parkway Ballwin, Missouri 63011 Bruce W. Eley Solutia, Inc. 575 Maryville Centre Drive, 6 North St. Louis, Missouri 63141 John L. Henshaw Solutia, Inc. 575 Maryville Centre Drive St. Louis, Missouri 63141 Paul Easterday c/o Pharmacia Corporation 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Messrs. Wheeler, Garrett, and Henshaw are former directors ofDefendant's corporate industrial hygiene department in St. Louis, Missouri. Mr. Wheeler served in that capacity from 1947 until 1974; he is now deceased. Mr. Garrett served in that capacity from 1974 until 1985. Mr. Henshaw served in that capacity from 1985 until 1991. Mr. Easterday has served as the director in charge of Defendant's corporate industrial hygiene department from 1991 until the present date. Mr. Eley served as a senior industrial hygienist and a manager ofindustrial hygiene in Defendant's corporate headquarters in St. Louis, Missouri from 1971 until 1987. Mr. Bohl served as an industrial hygienist in Defendant's corporate headquarters from 1966 to 1991 and is believed to have occasionally visited Monsanto's Texas facilities. Messrs. Wheeler, Garrett, Henshaw, Easterday, Bohl and Eley are expected to have knowledge ofDefendant' s corporate-wide industrial hygiene practices and policies. John E. Fox HC64 Box 605 16065 W. U.S. Hwy. 290 K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -5- Harper, Texas 78631-9407 (210) 669-2744 Dan Campbell Route 1, Box 218 Mt. Enterprise, Texas 75681 (903) 822-3837 Mr. Fox and Mr. Campbell provided industrial hygiene services at Monsanto's Texas Cityplant. Mr. Fox provided those services from the late 1950's until 1985 and Mr. Campbell served as the plant industrial hygienist from 1985 until August 1986, when the Texas Cityplant was sold to Sterling Chemicals. Further, Mr. Garrett (see above) provided industrial hygiene services for the Texas City plant from the 1950's until the 1970's or 1980's. Messrs. Fox, Garrett and Campbell are expected to have knowledge of the industrial hygiene policies and practices at the Texas City plant. Donald L. Meade c/o Pharmacia Corporation FM Road 2917 (Mortenson Road) Alvin, Texas 77512 James C. Edwards 2418 Bay Crest Houston, Texas 77058 (713)333-5134 Jacqueline Gaul Peterson c/o Pharmacia Corporation 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Frank J. Bryant c/o Pharmacia Corporation FM Road 2917 (Mortensen Road) Alvin, Texas 77512 Mr. Meade, Mr. Edwards and Ms. Peterson were industrial hygienists at Defendant's Chocolate Bayou plant in Alvin, Texas. Mr. Bryant is the current industrial hygienist in the plant. Mr. Meade served in that capacity from 1977 until 1979. Mr. Edwards served in that capacity from 1980 until 1981. Ms. Peterson served in that capacity from 1982 until 1986. Mr. Bryant has served in that capacity since 1986. Prior to 1977, industrial hygiene services at the Chocolate Bayou Plant were provided by Mr. Garrett (see above) and Mr. Fox (see above). Mr. Meade, Mr. Edwards, Ms. Peterson, Mr. Garrett, Mr. Fox, and K:\Solutia\Brokenbcrry\Discovery\Responses to RFD.wpd -6 Mr. Bryant are expected to have knowledge ofthe industrial hygiene practices and policies at Defendant's Chocolate Bayou Plant. Harry Lundin (address and telephone number unknown) George Gorbell 456 Hill Trail St. Louis, Missouri 63011 (314) 256-0585 Russell Miller 17 Taylor Woods St. Louis, Missouri 63122 (314) 821-6747 Ray Witter 12746 Spruce Pond Road St. Louis, Missouri 63131 (314)567-4124 Vincent Boyen 14592 White Birch Valley Lane St. Louis, Missouri 63017 Messrs. Lundin, Gorbell, Miller, Witter and Boyen are formercorporate safety department directors. Mr. Lundin served in that capacity from 1942 until 1946. Mr. Gorbell served in that capacity from 1947 until 1965. Mr. Miller served in that capacity from 1965 until 1978. Mr. Witter served in that capacity from 1978 until 1986. Mr. Boyen served in that capacity from 1986 until 1991. These gentlemen are expected to have knowledge of Defendant's corporate safety practices, policies and procedures. W. B. Stallings (address and telephone number unknown) Safety Director 1947-1956 Charles Gilmore 3409 Nottingham Drive College Station, Texas 77845 (409) 696-1905 Safety Director 1956-1975 K:\Solutia\Brokenberry\DiscoveryVResponses to RFD.wpd -7- John Arnold Glass 1908 16th Street North Texas City, Texas 77590 (409) 945-2986 Safety Director 1975-1984 Robert Hammann 816 24th Avenue North Texas City, Texas 77590 Safety Director 1984-1985 John Wilbeck Route 4, 249 Pecan Estates Angleton, Texas 77515 Safety Director 1985 Jacqueline Gaul Peterson c/o Defendant Company 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Safety Director 1985-1986 These individuals are former safetydepartment and/or loss prevention department personnel at Monsanto 's Texas City plant in Texas City, Texas. They are expected to have knowledge ofthe safety practices, policies and procedures in place at the Texas City Plant. Albert James Fiske (address and telephone number unknown) Safety Department 1961-1963 George F. Korkmas 405 Riverside Drive Alvin, Texas 77511 281-331-3405 Safety Department 1963-1966 James L. Kilby 239 Heather Cress Dr. Chesterfield, Missouri 63017 314-469-3164 Safety Department 1966-1968 K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -8' Willard W. Vamado 3711 Canary Grass Lne. Houston, Texas 77059 281-461-4188 Safety Department 1968-1969 Francis H. Dupre 15 Spring Lake Court St. Charles, Missouri 63303 636-922-0786 Safety Department 1969-1970 and 1975-1978 Douglas K. Stephens 1116 Deats Road Dickinson, Texas 77536 281-337-2330 Safety Department 1970-1971 Charles H. McComb 412 Carriage Creek Lne. Friendswood, Texas 77546 281-992-1695 Safety Department 1971-1973 James C. Edwards 2418 Bay Crest Houston, Texas 77058 281-333-5134 Safety Department 1973-1975 Stephen L. Nevarez (Address and telephone number unknown) Safety Department 1978-1979 Donald A. McKee Route 1, Box 150 Manvel, Texas 77578 Safety Department 1979-1980 John C. Usrey 403 Riverside Dr. K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -9' Alvin, Texas 77511 Safety Department 1980-1984 G. John Wilbeck Route 4, 249 Pecan Estates Angleton, Texas 77515 Safety Department 1984-1994 These individuals are former or current safety department personnel and directors for Defendant's Chocolate Bayou Plant in Alvin, Texas. They are expected to have knowledge ofthe policies, safety practices and procedures in place at Defendants' Chocolate Bayou Plant. John Tissue Route 1, Box 366 Somerville, TX 77879 Mr. Tissue worked in the purchasing departments ofDefendant's Texas City Plant, Chocolate Bayou Plant, and a former subsidiary, Lion Oil Company from the late 1950's until the late 1980's. As such, Mr. Tissue is expected to have knowledge concerning Defendant's purchasing practices and policies, including the purchase ofasbestos-containing materials, relating to Defendant's Texas City Plant, Chocolate Bayou Plant and the former Lion Oil Company facilities in El Dorado, Arkansas. Vernon Mapes 4280 Lakewood Livingston, Texas 77351 (409) 967-0030 Sherman M. Jones 4114 South Acres Drive Houston, Texas 77047 Bill Bums (believed to be deceased) (address and telephone number unknown) J. B. Thrash P. O. Box 151 Apple Springs, Texas 75926 (409) 831-2950 John Elliott K:\Solutia\Brokcnberry\Discovery\Responses to RFD.wpd -10- 3814 South Fairview Orange, Texas 77630 (409) 886-8302 A. J. Bourgeois 1025 24th Avenue North Texas City, Texas 77590 (409) 945-2489 L. W. Bryant Address Unknown E. M. Wheeler Address Unknown D. H. Chapman Address Unknown W. R. Merrill Address Unknown B. L. Vines Address Unknown William Bean 2214 21st Avenue N. Texas City, Texas 77590 Doyle Beard 2221 23rd Street N. Santa Fe, Texas 77517 409/327-7854 Clarence J. Cyr 2022 Evergreen Lane La Marque, Texas 77568 Glenn O. Eirdman Address Unknown Robert F. Frankavich K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -11- P.O. Box 1024 Texas City, Texas 77592 Raymond F. Guidry, Jr. P.O. Box Drawer 3489 Texas City, Texas 77592 Daniel J. Hogan, III 2707 22nd Avenue N. Texas City, Texas 77590 Billy Joe Howard c/o Shirley Howard, P.O.A. P.O. Box 666 Santa Fe, Texas 77510 Robert Lee 7211 Mallard Texas City, TX 77590 Robert R. Long 421 24th Ave. N. Texas City, Texas 77590 Donald E. Lonsford Address Unknown Joe Don Lowe 14108 German Road Bucyrus, MO 65444 Albert Allen McClintock Address Unknown Jimmy C. Overturf 4010 Avenue E Santa Fe, Texas 77510 409/925-1110 Joe H. Skipper 118 20* Avenue, N. K:\Solutia\Brokenbcny\Discovery\Responses to RFD.wpd -12- Texas City, Texas 77590 Edward L. Smith 510 21s1 Avenue N. Texas City, Texas 77590 Timothy P. Spencer Box 289 Arcadia, Texas 77517 409/925-6160 Clarence W. Trahan 2709 19th Avenue N. Texas City, Texas 77590 These gentlemen were, or are believed to have been, insulation installers and/or foremen at Monsanto 's Texas City plant. As such, they are believed to have knowledge ofthe insulation products used, as well as the installation practices, procedures, and policies ofMonsanto regarding the installation ofinsulation, and the use and availability ofsafety equipment and the safety practices ofemployees who may have installed insulation products at the Texas City Plant. Gordon Dillon 2718 Fairfield Ave. Texas City, Texas 77590 (409) 948-3750 Mr. Dillon was a safety inspector at Monsanto's Texas City plant. Defendant will continue to supplement in accordance with the Tex. R. Civ. P. Also, Defendant presumes that Plaintiff has knowledge of facts relevant to his claims against Defendant. (f) Testifying expert witness information. Answer: Defendant hereby designates the following persons who maybe called as expert witnesses and (1) who has been retained by Defendant and/or other Defendants in this cause, or (2) who may provide testimony in the nature ofexpert or opinion type testimony despite the fact that they are not "retained experts". 1. Dr. John Craighead Department of Pathology University of Vermont K:\Solutia\Brokenbeny\Discovery\Responses to RFD.wpd -13- College of Medicine Burlington, Vermont 05405 (802) 425-3480 Dr. Craighead is a medical doctor and pathologist and may testify concerning the state of medical knowledge, at relevant points in time, regarding the effects of exposure to asbestos. 2. Mr. John A. Pendergrass 6700 Milkhouse Court Mobile, Alabama 36695 Mr. Pendergrass is an industrial hygienist and maytestify concerning industrypractice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testifyconcerning the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos. 3. J. LeRoy Balzer, Ph.D. 408 Horse Trail Ct. Alamo, California 94556 Dr. Balzer is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and maytestify concerning the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos. 4. B. K. Kwon, M.S.P.H. 601 Montrose Rd., Suite 509 Rockville, MD 20852 Mr. Kwon is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and maytestify concerning the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos. 5. Mr. Lawrence R. Birkner, CIH, CSP 2026 El Monte Drive Thousand Oaks, CA 91362 K:\Solutia\Brokenbcrry\Discovery\Responses to RFD.wpd -14- (805) 494-8173 Mr. Birkner is an industrial hygienist and may testify concerning industry practice and standards, state of the art of industrial hygiene, and state of knowledge concerning exposure to asbestos and effects thereofat relevant times, and may testify concerning the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos. 6. James T. Knorpp, PE, CSP 2149 Misty's Run Keller, TX (817)379-0840 * Mr. Knorpp is a safety professional and professional engineer and maytestifyconcerning his education, training and experience, as well as his factual observations and mental impressions and opinions and the basis for them, in the following areas: the creation, role and significance of OSHA, and relevant rules and regulations, concerning asbestos products in the work place; the process of establishing, historical development, and significance ofmaximum allowable concentrations, permissible exposure limits, threshold limit values, regulatory standards, and similar concepts, in general and specifically with regard to asbestos at relevant times and the reasonableness ofreliance upon established acceptable and safe levels of exposure to asbestos; employer's responsibility for employee/worker work site conditions and safety, including the employer's role in connection with OSHA. Mr. Knorpp may also testify regarding matters in response to testimony of Plaintiffs' experts. 7. Dr. Mark R. Wick, M.D., FCAP University of Virginia Health System Department of Pathology Box 214 O.M.S. Building, Room 2882 Charlottesville, VA 22908 (804) 924-9038 Dr. Wick is a medical doctor and pathologist and may testify concerning his education, training and experience, as well as his factual observations and mental impressions and opinions and the basis therefor, in the following areas: historical developments regarding asbestos utilization; medical aspects of asbestos-related diseases; state of the art in medicine and state ofmedical knowledge, at relevant points in time, concerning asbestos and asbestos exposure and the effects thereof; relevant medical and scientific literature; the diagnostic criteria used to diagnose asbestos-related diseases; the relative risk, as well as K:\S0lutia\Br0kenberry\Disc0ve7y\Resp0nses to RFD.wpd -15- reasonably perceived risk during relevant periods oftime, from various levels ofpotential exposure to asbestos, as well as particular type ofasbestos fiber involved; existence ofa dose-response relationship and the concept of threshold levels for asbestos-related diseases; and the rate ofoccurrence or incidence ofcertain diseases in given populations. Dr. Wick may also review Plaintiffs medical records and may also review, examine and/or analyze pathology material, including tissue samples and/or blocks and/or slides, and may opine as to the appropriate diagnosis ofPlaintiffs alleged disease as well as their etiology. Dr. Wick may also testify regarding matters in response to testimony ofPlaintiffs experts. 8. Dr. William L. Dyson, Ph.D, CIH Workplace Hygiene, L.L.C. 1022 Jefferson Road P.O. Box 49176 Greensboro, NC 27410-1642 Dr. Dyson is an industrial hygienist and safetyprofessional and maytestify concerning his education, training and experience, as well as his factual observations and mental impressions and opinions and the basis for them, in the following areas: properties, use of and historical developments concerning asbestos and asbestos-containing products; industrypractice and standards in general and specifically concerning industrial hygiene and asbestos; state of knowledge concerning exposure to asbestos and effects thereof at relevant times; the process ofestablishing, historical development and significance of maximum allowable concentrations, permissible exposure limits, threshold limit values, regulatory standards, and similar concepts, in general and specifically with regard to asbestos at relevant times and the reasonableness ofreliance upon established acceptable and safe levels ofexposure to asbestos products during relevant periods oftime; how potential exposure levels from various activities compared to then existing threshold limit values at relevant times; employer's responsibility for employee/worker work site conditions and safety, and the reasonableness ofpetrochemical premises owner's conduct during relevant periods oftime. Dr. Dyson may offer opinions relating to the levels of asbestos exposure necessary to attribute the development of mesothelioma to any particular occupational exposure. Dr. Dyson may also testify regarding matters in response to testimony ofPlaintiffs' experts. The basis for Dr. Dyson's mental impressions and opinions are his education, training, and experience, his review ofpertinent literature, and his review of additional information pertinent to Plaintiffs' and/or this case. 9. Dr. Patrick N. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, TX 77030 K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -16- Dr. Conoley is an M.D. and a"B" reader, who may testify concerning his review ofofthe radiographs and CT scans ofPlaintiffin this case and the significance ofvarious x-ray findings on the radiographs of Plaintiff. 10. Dr. Peter J. Barrett, M.D. 10 Martin's Lane Hingham, MA 24043 (617) 749-5876 Dr. Barrett is an M.D., is board certified in diagnostic radiology and nuclear medicine and has been a "B" reader from NIOSH since 1984. Dr. Barrett may testify concerning the significance ofasbestos related abnormalities and neoplastic disease based upon his review ofthe radiographs ofPlaintiffas to the presence or absence ofradiographic abnormalities related to asbestos and the significance of same. 11. Dr. Gail D. Stockman 703 East Marshall Avenue, Suite 4002 Longview, Texas 75601 (903) 753-0787 Dr. Stockman may testify regarding the pulmonary diseases and illnesses alleged by Plaintiff. More specifically, Dr. Stockman may testify regarding specific medical complaints and history ofPlaintifFs and whether those alleged diseases or illnesses could be orwere caused by any alleged exposure to materials from the premises of Defendant. Dr. Stockman may address issues regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises ofDefendant. Dr. Stockman may offer testimony in response to any reports or testimony offeredby Plaintiffs experts. 12. Mr. Kim Bloom, M.D. 6550 Fannin, Suite 2403 Houston, Texas 77030 (713) 790-6250 Dr. Bloom is a specialist in pulmonary diseases and a certified B-reader. He may testify regarding specific medical complaints and history ofPlaintiffand whether those complaints could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Bloom may also testify regarding alleged medical risks to Plaintiffin the future and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Bloom may also offer testimonyin response to the reports or testimony offered by Plaintiffs experts. K:\Solutia\Brolcenberry\Discovery\Responses to RFD.wpd -17- 13. Robert M. Ross, M.D. 6550 Fannin Street, Suite 2403 Houston, Texas 77030 (713)383-6100 (phone) (713) 383-6103 (fax) Dr. Ross is a specialist in pulmonary diseases and a certified B-reader. He may testify regarding specific medical complaints and historyofPlaintiffand whether those complaints could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Ross may also testify regarding alleged medical risks to Plaintiffin the future and the effects ofthe alleged illnesses and diseases on Plaintiffin the past and in the future. Dr. Ross may also offer testimony in response to the reports or testimony offered by Plaintiffs experts. 14. Venessa Ann Holland, M.D., MPH, P.A. Envii' >nmental Pulmonary Consultants 7515 S. Main Street, Suite 670 Houston, Texas 77030 (713) 799-2224 (Telephone) (713) 799-2225 (Facsimile) Dr. Holland may testifyregarding the pulmonary diseases and illnesses alleged by Plaintiff. More specifically. Dr. Holland may testify regarding specific medical complaints and history ofPlaintiffand whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Holland may address issues regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises of Defendant. Dr. Holland may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 15. Gregory H. Foster, M.D., F.C.C.P Pulmonary/Critical Care 375 Municipal Drive, Suite 218 Richardson, Texas 75080 (972) 680-0666 (972) 680-2499 (fax) Dr. Foster may testifyregarding the pulmonary diseases and illnesses alleged by Plaintiffs. More specifically, Dr. Foster may testify regarding specific medical complaints and history ofPlaintiffs and whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of Defendants. Dr. Foster may address issues regarding alleged medical risks to Plaintiffs in the future due to Plaintiffs alleged K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -18 exposure to materials from the premises of Defendants. Dr. Foster may offer testimony in response to any reports or testimony offered by Plaintiffs' experts. 16. Scott G. Donaldson, M.D., F.C.C.P Pulmonary/Critical Care 375 Municipal Drive, Suite 218 Richardson, Texas 75080 (972) 680-0666 (972) 680-2499 (fax) Dr. Donaldson may testify regarding the pulmonary diseases and illnesses alleged by Plaintiff. More specifically, Dr. Donaldson may testify regarding specific medical complaints and historyofPlaintiffand whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Donaldson may address issues regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises of Defendant. Dr. Donaldson may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 17. Kathryn A. Hale, M.D. 6550 Fannin Street Smith Tower, Suite 1236 Houston, Texas 77030 (713) 790-2076 (Telephone) (713) 790-3648 (Facsimile) Dr. Hale is a specialist in pulmonary diseases and may testify regarding the pulmonary diseases and illnesses allegedby Plaintiff. More specifically, Dr. Hale maytestify regarding specific medical complaints and historyofPlaintiffand whether those alleged diseases or illnesses could be or were caused by any alleged exposure to materials from the premises of Defendant. Dr. Hale may address issues regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises of this Defendant. Dr. Hale may offer testimony in response to any reports or testimony offered by Plaintiffs experts. Defendant also designates the following witnesses to testify through their deposition and/or trial testimony from other cases: 1. Dr. Emmett Kelly testified by deposition, and at trial, in the case ofRita Mae Schmidt, et al. v. A.C. & S., et al.; No. D-145,280; In the District Court ofJefferson County, Texas; 136* Judicial District. Dr. Kelly's testimony, both at trial, and on deposition, is designated K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -19- here only to the extent that he gave expert or opinion type testimony in that deposition. 2. Mr. Jack T. Garrett in the case of Rita Mae Schmidt, et al. v. A.C. & S., et al.; No. D145,280; In the District Court ofJefferson County, Texas; 136th Judicial District. Mr. Garrett's deposition testimony is designated here only to the extent that he gave expert or opinion type testimony in that deposition. 3. Joe Shrode in the case ofClaude J. Tomplait v. Combustion Engineering, et al.; U.S. District Court for the Eastern District ofTexas, Beaumont Division; and/or in Samuel R. Porter v. Fibreboard Corporation, et al., also in the U.S. District Court for the Eastern District ofTexas, Beaumont Division, and/or Mr. Shrode's deposition testimony in the Clarence Borel trial, also in the U.S. District Court for the Eastern District of Texas. 4. Dr. Corwin Hinshaw, expert regarding state ofthe medical art, in the cases ofJimmie L. Vaughan v. Johns-Manville, CA-3-01-0070-F, USDA, N.D. Tex; Antonio Mendoza, et al v. Fibreboard Corporation, et al., CA.-2-80-006, USDC, N.D. Tex; In Re: Related Asbestos Cases, C-83-6251-RFP, USDC, N.D. Calif. Defendant also designates any and all expert witnesses designated herein by Plaintiffs. Defendant also designates any and all expert witnesses designated herein by other Defendants. (g) Any discoverable indemnity and insuring agreements. Answer: Defendant's insuring agreements are voluminous and are contained in approximately 31 three-ring notebook binders located at the headquarters offices ofDefendants in SL Louis, Missouri. Those binders will be made available to Plaintiffs in the St. Louis, Missouri area at a mutually agreed upon time. Other responsive agreements will be made available to Plaintiffs at the offices ofcounsel for Defendant at a mutually agreed upon time. Please contact Defendant's counsel to arrange an agreeable date and time. (h) Any discoverable settlement agreements. Answer: None that this Defendant has been made aware of at this time. (i) Any discoverable witness statements. Answer: Defendant will make available to Plaintiffcopies ofstatements and testimony relevant to the subject matter of the case from persons with knowledge of relevant facts. This production will occur at counsel for Defendant's office at amutuallyagreed-upon time and date. Please contact Defendant's counsel to arrange an agreeable date and time. K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -20- (j) Medical records and bills relating to the injuries and damages asserted by Plaintiff. Answer: See Answer to subpart (k) below. (k) Medical records and bills obtained by Defendant by virtue ofan authorization furnished by the requesting party. Answer: These records are fairly voluminous and, therefore, they will be made available to Plaintiffs for inspection and copying at the offices ofcounsel for Defendant at a mutually agreeable time. Please contact counsel for Defendant to arrange a date and time to inspect and copy such records. Respectfully submitted, ELLIS, CARSTARPHEN, DOUGHERTY & GOLDENTHAL P.C. By: /bV'M.r' Edward M. Carstarphen State oar No. 03906700 G. Joe Ellis State Bar No. 06575050 Douglas B. Dougherty State Bar No. 06031560 Lawrence E. Goldenthal State Bar No. 08089508 720 N. Post Oak Rd., Suite 330 Houston, Texas 77024 (713) 647-6800 (713) 647-6884 (fax) ATTORNEYS FOR DEFENDANT PHARMACIA CORPORATION, FORMERLY KNOWN AS MONSANTO COMPANY K:\SolutiaVBrokenberry\Discovery\Responses to RFD.wpd -21 - CERTIFICATE OF SERVICE States certified mail/retum receipt requested and/or regular United States mail to all known counsel of record, as follows. Elizabeth Schick Lou Thompson Stephanie Finch Monty Sullivan Baron & Budd, P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 K:\Solutia\Brokenberry\Discovery\Responses to RFD.wpd -22-