Document ZDR3VppBvabEbBGgX95Drrgp

PLAINTIFF'S EXHIBIT IN THE COUNTY COURT AT LAW NUMBER THREE EL PASO COUNTY, TEXAS PABLO AGUILERA, ET AL. Plaintiffs, v GAF CORPORATION, ETAL., Defendants. CAUSE NO. 2000-2113 ASARCPJNCORPORATED'S DESIGNATION OF EXPERT AND GENERAL EAd WITNESSES COMES NOW ASARCO INCORPORATED ("ASARCO") end hereby designates the following expert witnesses on whom it may rely at the trial of this matter. ASARCO reserves its right to designate further expert and fact witnesses as further discovery is conducted in this action. EXPERT WITNESSES 1. All individuals designated or to be designated as expertwitnesses byPlaintiff, whether live or by deposition testimony. 2. All individuals designated or to be designated as an expert witness by any other party to this action, whether live or by deposition testimony, and without regard to that party's presence at the time of trial, 3. All physicians or other health care practitioners who have treated Plaintiff at any time and for any condition and whose names, addresses, and qualifications are already known to Plaintiff, may be called to testify whether live or by deposition testimony, 4. All physicians who have prior to trial examined Plaintiff and/or Plaintiffs medical records, hospital records, laboratory test results, x-rays or other diagnostic imaging films and/or any other information of whatever kind relating to the health of Plaintiff, on behalf of any party, without regard to that party's presence at the time of trial, who will testify as to the Plaintiffs clinical course and causation of any illness either live or by deposition testimony. 5. Allen R. Gibbs. M.D.. Department ofPathology, Llandough Hospital, South Glamorgan, Penarth OF, 61XX, United Kingdom, is a pulmonary pathologist who received his medical degree from Newcastle Upon Tyne. He is a Fellow of the Royal College of Pathologists. He is a consultant pathologist to South Glamorgan Health Authority and is an honorary clinical teacher to the University ofWales College ofMedicine. Dr. Gibbs is also an honorary consultant to the MRC external staff team on occupational lung diseases at Llandough Hospital. He was a senior lecturer in pathology at the University of Wales College ofMedicine. He has special expertise in the diagnosis ofasbestos-related diseases and the pathogenicity of the various forms of asbestos for pulmonary and pleural diseases and has reviewed over 1,000 lung samples involving asbestos-related changes. Additionally, Dr. Gibbs has authored or co-authored over 4S articles, papers and chapters in the field of pathology, many of which relate to asbestos-related disease. Dr. Gibbs may review the pathological evidence in this case and testify concerning whether it is diagnostic of asbestos-related disease. On the basis ofDr. Gibbs' personal research into issues concerning asbestos-related disease, his knowledge of the medical literature and knowledge of foe facts of this case as they are known to date, Dr. Gibbs may testify generally as to the dangers posed by the inhalation of asbestos fibers, the relative risks associated with exposure to low levels of airborne asbestos dust in the general environment, and the risks posed to Plaintiff from his alleged exposure to airborne asbestos dust. Dr. Gibbs will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 6. Jeremiah Lvnch. 25 Waterman Avenue. Rumson. New Jersey. Mr. Lynch is a Certified Industrial Hygienist. Mr. Lynch will testify generally as to his background, training and experience. Mr. Lynch will testify as to the methods and procedures involved in industrial hygiene, the methods and procedures utilized in the collection of airborne asbestos samples, including fiber measurement and counting techniques, and die use ofindustrial hygiene methods to control worker exposure to airborne asbestos dust. Mr. Lynch will further testify concerning threshold limit values, the various threshold limit values for asbestos exposure, the basis for the original threshold limit value and its subsequent changes. Mr. Lynch will farther testify concerning the setting and implementation ofasbestos exposure limits by OSHA, and the subsequent changes to those limits, and OSHA regulations pertaining to Plaintiffs workplace at various times. Mr. Lynch may also testify concerning the industrial hygiene programs implemented by Plaintiffs employers at various times, and how those programs compared to the industrial hygiene standards at various times. Mr. Lynch will farther testify with regard to die effectiveness of the industrial hygiene program at ASARCO as compared to the various standards applicable at different times. Mr, Lynch may also testify as to the asbestos exposures which Plaintiff would have had at various time9 during his employment history. Mr. Lynch will also testify with regard to environmental exposures to airborne asbestos experienced by millions of Americans for which there is no epidemiological evidence ofdisease. Mr. Lynch may offer such other opinions as may become necessary to rebut the opinions ofPlaintiffs experts. Mr. Lynch will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions andreports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 7. Ernest Mastromatteo. M.D.. 19 Carey Road, Toronto, Ontario, Canada M4S 1N9. Dr. Ernest Mastromatteo is a medical doctor specializing in occupational and environmental health. He is currently Professor Emeritus, Occupational and Environmental Health, University of Toronto and self-employed as a consultant in Occupational and Environmental Health. Dr. Mastromatteo received his Doctor ofMedicine degree from the University ofToronto in 1947. He received a Diploma in Public Health from the University of Toronto in 1950 and a Diploma in Industrial Health from the University of Toronto in 1958. In 1958, Dr. Mastromatteo was certified in Occupational Medicine by the American Board of Preventive Medicine. In 1981, Dr. Mastromatteo was certified in Occupational Medicine by the Canadian Board of Occupational Medicine. From 1949 to 1952, Dr. Mastromatteo served as the Medical Director ofdie Virden Local Health Unit, Virden, Manitoba. In 1952, Dr. Mastromatteo commenced employment as a physician and consultant with the Ontario Ministry of Health. In 1968, he became the Director ofthe Division of Occupational and Environmental Health ofthe Ontario Ministry ofHealth. He remained in that position until 1974. From 1966 to 1974, Dr. Mastromatteo also served as a Consultant in Occupational Diseases to the Ontario Workers' Compensation Board. From 1968 to 1974, Dr. Mastromatteo was a part-time professor at the University of Toronto and from 1972 to 1974, he was Professor and the Head of die Department of Occupational and Environmental Health ofthe University of Toronto. In 1974, Dr. Mastromatteo became Chief of the Occupational Health and Safety Branch ofthe International Labour Office ("ILO") in Geneva, Switzerland. He remained in that position until 1976. From 1976 to 1985, Dr. Mastromatteo was employed as Director of Occupational Health for Inco Limited, Toronto, Canada. From 1985 to 1994, Dr. Mastromatteo was employed as the Program Director, Occupational and Environmental Health, of ORC Canada Inc., Toronto, Canada. During that period, from 1985 to 1990, Dr. Mastromatteo also served as a consultant to the Occupational Health Policy Branch of the Ontario Workers' Compensation Board. From 1976 to the present, Dr. Mastromatteo has served as an Honorary Consultant to the Occupational Health Clinic of St. Michael's Hospital, Toronto, Canada. Dr. Mastromatteo is a member of the Ontario Medical Association and Chaired the Section on Occupational Health and the Committee on Public Health, He is a member ofthe Canadian Medical Association. Dr. Mastromatteo was elected to the Ramazzini Medical Society in 1968 and has been a member of the International Commission on Occupational Health since 1968. Dr, Mastromatteo is an Honorary Lifetime Member of the American Conference of Governmental Industrial Hygienists ("ACGIH"). Dr. Mastromatteo has served as a member ofthe ACGIH Threshold Limit Value ("TLV") Committee since 1964. He was Chair ofthe TLV Committee from 1985 to 1990 and President ofthe ACGIH for the 1969-1970 term. Dr. Mastromatteo has received numerous honors and awards in the field of occupational medicine. Among his other awards, in 1981 he received the Stokinger Award for Scientific Contributions to Occupational Toxicology in the United States. In 1986, he received the Yant Award for Scientific Contributions to Industrial Hygiene in the United States. In 1987, Dr. Mastromatteo received the Knudsen Award for his contributions to Occupational Medicine in the United States. In 1987 he was also inducted into the Safety and Health Halt ofFame International. Dr. Mastromatteo will further testify that as a long-standing member ofthe American Conference of Governmental Industrial Hygienists Threshold Limit Value Committee, he is familiar with that organization's criteria for establishing threshold limit values. In setting those thresholds, the ACGIH examines all ofthe available evidence and bases its decision on the weight of evidence. As such, the ACGIH examines the studies and evaluates those studies based on their methodology and scientific reasoning. Based on its review ofthe best medical evidence, the ACGIH set its first threshold limit value for asbestos in 1946 and has changed it from time to time where the medical evidence has warranted such a change. Dr. Mastromatteo will testify as to the threshold limit value at different points in time and the medical knowledge that was available to the ACGIH concerning the health effects of asbestos. Dr. Mastromatteo will further testify that the Occupational Safety and Health Administration ("OSHA") does not rely on the weight ofevidence but sets its PEL based on a different control strategy. OSHA determines a safe level then sets the permissible exposure limit ("PEL") by adding factors of between ten (10) and one hundred (100) times. OSHA has set die PEL for all types of asbestos at 0.1 free. That level of exposure is many times below the level ofexposure which one would expect to cause disease in the average worker. Dr. Mastromatteo will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, die testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, end any documents introduced into evidence or otherwise used by any party at the time oftrial, 8. HowardE. Aver. C.I.H.. 2812Linwood Avenue, Cincinnati, Ohio. Mr. Ayer is a Certified Industrial Hygienist and a Certified Safety Professional. He is Emeritus Professor of Environmental Health, Division of Environmental Hygiene and Safety, University ofCincinnati. Mr. Ayer received his Bachelor degree in Chemical Engineering in 1948 from the University of Minnesota. He received a Masters of Science in Industrial Hygiene Engineering from Harvard University in 1955. Mr. Ayer was employed by the United States Public Health Service("USPHS") from 1948 to 1972. During that time period he served with the National Institute for Occupational Safety and Health, and its predecessor organizations (Division of Occupational Health, Occupational Health Program and Bureau of Occupational Safety and Health). He was assigned by the USPHS to the Kansas State Board ofHealth, the Occupational Health Field Station in Salt Lake City, Utah, and the Occupational Health Field Headquarters in Cincinnati, Ohio. Mr, Ayer was Assistant Chief of the Engineering Section from 1961 to 1964, Chief from 1964 to 1967 and Assistant Director ofthe Division ofField Studies from 1967 to 1972. Mr. Ayer has been with the University of Cincinnati, Institute of Environmental Health (Kettering Laboratory) as a Professor and Emeritus Professor since 1972. From 1982 to 1983, Mr. Ayer took a sabbatical year in safety engineering at Texas A&M, Mr. Ayer has served on numerous committees in the field ofindustrial hygiene, As a member ofthe ACGIH, Mr. Ayer served on die Air Sampling Instruments Committee, the Energy Committee, the Ventilation Committee, and the Committee on Environmental Factors in the Pneumoconioses (which he chaired for three years). Mr. Ayer also chaired the ad hoc joint AIHA-ACGIH Committee on Uniform Methods in Impinger Counting. Mr. Ayer has authored over 40 published papers on matters of industrial hygiene. Mr. Ayer's testimony will be based on his knowledge, training and experience in the field of industrial hygiene as it relates to asbestos and asbestos-containing products, Mr. Ayer will also testify as to the state of industrial hygiene at various points in time. Mr. Ayer may also testify as to the asbestos exposures which Plaintiffwould have had at various times during his employment history. Defendant ASARCO reserves the right to supplement this information based on documents or testimony concerning exposure levels which to date have not been discovered, Mr. Ayer will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 9. ArthurM. Langor.Ph.D.. Director. Environmental Sclancas Laboratory of the Institute of Applied Sciences, Brooklyn College of the City University of New York, Brooklyn, New York 11210, Dr. Langer received his Bachelor of Arts degree in Geology from Hunter College, City University ofNew York in 1956. In 1962, Dr. Langer received his Master ofArts in Petrology (geology) from Columbia University. Dr. Langer received his Ph.D. in Mineralogy from Columbia in 1965. Dr. Langer may testify as to his background, training, experience, fellowships, memberships and other professional activities, honors and awards, editorial board service, appointments, publications in peer reviewed journals, abstracts and symposia proceedings, contributions to books, monographs and reports, national, international and regional committees and consultations, national and international invited seminars, lectures, meetings and conferences, and his participation in post-graduate education courses as My set forth on his C.V. Dr. Langer may Anther testify as to his extensive study and experimentation with regard to the family of minerals commonly referred to as asbestos. Dr. Langer will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 10. Robert Murray. M.D.. South Hill, Church Road, Newton Green, Sudbury, Suffolk, CO 10 OQP, United Kingdom, Dr. Murray was an occupational health consultant. He qualified in medicine in 1939 at Glasgow University. From 1941 to 1946 he served in the R.A.M.C. in West Africa, India and Burma and was mentioned in despatches. Dr. Murray received his Diploma in Public Health in January, 1947. In April 1947, he became one ofonly 12 ofHer Majesty's Medical Inspectors ofFactories and was assigned to the East Lancashire Division based in Manchester where he remained until 1956. While there, his Chiefwas E.R.A. Merewether. Dr. Murray regularly visited the asbestos factories within his jurisdiction ineluding Turner Brother's Asbestos, British Belting and Asbestos, and Cape Asbestos. As a Medical Inspector, Dr. Murray's duties included assisting the District Inspector in the implementation ofthose parts ofthe Acts and Regulations dealing with occupational health. This included the Asbestos Industry Regulations of 1931. In 1949 he received the Diploma in Industrial Health ofthe Society ofApothecaries and lectured in Professor Lane's Department of Occupational Health in Manchester. Dr, Murray joined the International Labour Office ("ILO") in Geneva in 1956 and remained there until 1961. Dr. Murray then became Medioal Advisor to the TUC in London, a post which he held until 1974. During the 1960's and 1970's he assisted the TUC in its actions against asbestos which lead to the Asbestos Regulations of 1969. In 1974, Dr. Murray began independently consulting in occupational health. He consultedwith anumber offirms and organizations including the Asbestos Information Association. He served as the Convenor ofthe Medical Advisory Panel and Scientific Advisory Panel until 1992. In 1975 he became Secretary-Treasurer ofthe Permanent Commission on Occupational Health, now known as the International Commission on Occupational Health, and from 1981 to 1987 he was its President. Dr. Murray's other qualifications include Membership (1963) and later Fellowship (1970) of the Royal College ofPhysicians of Glasgow, honorary Doctor of Technology of the University of Bradford, honorary Fellowship of the Institution of Occupational Safety and Health, Fellowship of the Faculty of Occupational Medicine of the Royal College of Physicians of Ireland, Fellowship of the corresponding Faculty of the Royal College of Physicians of London, honorary Fellowship of the Royal Society of Medicine, honorary Fellowship of the Institute of Occupational Hygienists and honorary Doctor of Science of the University of Glasgow. Dr. Murray kept in close touch with the increasing amount of literature concerning asbestos. He assisted the Asbestos Institute in Montreal in its efforts to ensure the safe use of asbestos. He participated in the ILO discussions in 1985 and 1986 which resulted in the Convention and Recommendation on the Safe Use ofAsbestos and participated in seminars in Turkey, Malaysia, Thailand and Taiwan, On the basis ofDr. Murray's personal knowledge and experience concerning issues regarding the health hazards of asbestos and the historical developments relating to the development ofknowledge concerning asbestos-related diseases and his knowledge ofthe medical literature, Dr. Murray has previously testified byway of a videotaped deposition as to the state ofknowledge concerning what an employer could have and should have known during particular time periods with regard to both the dangers of asbestos use and methods of minimizing those dangers via proper hygiene measures. Dr. Murray baaed his previous testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts previously named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses previously named by ASARCO or any other party, whether live or by deposition, and any documents previously introduced into evidence or otherwise used by any party at the time of trial. 11. Robert Brown. 1169 Pointeview Road, Chapin, South Carolina. Mr. Brown received his Bachelor of Science in chemical engineering from the University of South Carolina in 1935. In or about 1948 or 1949, he obtained a Master ofPublic Health Degree from Johns Hopkins University School ofHygiene and Public Health. Mr. Brown began his career in 1936 as a chemical engineer with the Division of Industrial Hygiene of the South Carolina State Board of Health where he worked with an industrial hygiene physician. Mr. Brown was responsible for performing a complete survey on a large sampling basis, including dust studies, ofSouth Carolina industries and to develop information of any existing or suspected industrial hygiene problems. In January 1942, Mr. Brown was employed as the Chief of Industrial Hygiene Services for the Health Division ofthe City of St. Louis, Missouri. In 1949, he accepted a position on the fSaoulty of the School of Public Health at Yale University where he taught public and occupational health. In 1951, Mr. Brownjoined die Maryland State Department of Health to facilitate the development of the Maryland Bureau oflndustrial Hygiene. Mr. Brown accepted a position with the National Sanitation Foundation in Ann Arbor, Michigan in 1965. In 1967, he became the president of the National Sanitation Foundation and remained in that capacity until his retirement in 1980. Mr. Brown was a charter member and organizer of the National Conference of Governmental and Industrial Hygienists ("NCGIH"). established in or around 1938. This organization later changed its name to the American Conference of Governmental and Industrial Hygienists ("ACGIH"). Mr. Brown served as a member of this organization's Executive Committee, Constitutional Review Committee and Industrial Hygiene Codes Committee. The latter committee was responsible for establishing maximum allowable concentrations ("MAC") and threshold limit values ("TLV"). In 1946, the Subcommittee on Threshold Limits ofthe ACGIH recommended a MAC for asbestos of6 millionparticles per cubic foot of air. Mr, Brown was also a member of the American Industrial Hygiene Association ("AIHA"). This organization also proposed TLVs and MAC'S which were published as Hygiene Standards in the April 1958 issue American Industrial Hygiene Association Journal and recommended maximum atmospheric concentrations for asbestos over 8 hours of 5 million particles per cubic foot of air. This publication also listed potential hazards of asbestos which noted that in addition to asbestosis there had been reports ofan increased risk of lung cancer. On the basis of Mr. Brown's personal knowledge of the facts surrounding the adoption ofasbestos exposure standards, his training and experience in the areas ofindustrial hygiene and his review ofthe literature, Mr. Brown will testify by videotape or deposition, with regard to the composition ofthe membership of the ACGIH and its predecessor, the NCGIH and the AIHA. Mr. Brown will also testify by videotape or deposition, with regard to the foots and circumstances surrounding the proposal and adoption of the asbestos standards and his involvement in these processes. In addition, Mr. Brown may testify by videotape or deposition, with regard to the state ofindustrial hygiene knowledge during the 1930's, 1940's and 1950's. Mr. Brown will farther base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 12. Leonard J. Bristol. M.Q,. Hull Road, Rainbow Lake, NY. Dr. Bristol received his M.D. in 1944 from the Long Island College ofMedicine. From 1944 to 1945 he had a general rotating internship at St. Catherine's Hospital in Brooklyn, New York and from July 1945, to April 1946, was a resident in radiology at the Long Island College Hospital. From 1946 to 1948, Dr. Bristol was a radiologist at die United States Naval Hospital, National Naval Medical Center in Bethesda Maryland. During that period of time he also served as a fUll-time fellow in the Department ofRadiology at the Johns-Hopkins University Medical School. He was certified by the American College of Radiologists in 1949. In 1949, he assumed a full-time position as a radiologist at the Trudeau Sanitorium and the Saranac Lake Laboratory where he remained through the end of 1978. Dr. Bristol has been engaged in the practice ofradiology at the General Hospital in Saranac Lake, the Placid Memorial Hospital in Lake Placid, the Alice Hyde Hospital in Malone, New York and was a member of the Department ofRadiology at the Edward L. Trudeau Foundation through 1978. Since 1949, approximately 50 percent ofDr. Bristol's practice involved chest diseases and 25 to 30 percent of his overall practice involved occupational lung disease. He has reviewed several hundred thousand films of workers with occupational lung disease. Dr. Bristol was instrumental in the development of the ILO/UICC classifications for asbestosrelated diseases. On the basis ofDr. Bristol's knowledge, training and experience as a radiologist and his persona] knowledge of the research and experiments conducted by the Trudeau Foundation and Saranac Laboratories, Dr. Bristol may testify by deposition or videotape as to the general radiological characteristics and diagnosis of asbestos-related diseases. Dr. Bristol will further base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial, 13, John B. Craighead. M.D.. 1845 Four Winds Road, Ferrisburgh, VT 05456. Dr. Craighead is a clinical and anatomical pathologist specializing in pulmonary pathology. Dr. Craighead will testify generally as to his background, training and experience. Dr. Craighead will testify as to his knowledge ofpathology and asbestos-related diseases. He will further testify as to the general medical issues concerning the development, cause, and diagnosis of asbestos-related disease and/or other diseases that may mimic asbestos-related diseases. Dr. Craighead will testify generally as to the dangers posed by the inhalation of asbestos fibers and the relative risks associated with exposure to low levels of airborne asbestos. Dr. Craighead may also address thresholds of exposure below which there is no measurable increased risk ofcontracting an asbestos-related disease and the latency periods required for the development ofthe various asbestos-related diseases. Dr. Craighead may review the pathological evidence in this case, if any, and testify concerning whether it is diagnostic of asbestos-related disease. Dr. Craighead may also testify concerning asbestos fiber counts in the lung tissue of different populations and their significance with regard to dose-response relationships and causation. Dr. Craighead may offer such other opinions as may become necessary to rebut the opinions of Plaintiffs experts. Dr. Craighead may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports ofother experts named or to be named by any other party, whether presented live or by deposition, the testimony of all other witnesses named or to be named by any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 14. Wallace T. Miller. M.D.. 3400 Spruce Street. Philadelphia. PA. Dr. Miller is board certified in radiology. Dr. Miller is also a NIOSH certified B Reader. Dr. Miller will testify generally as to his background, training and experience. Dr. Miller will testify as to his knowledge ofradiology and its application in assisting the diagnoses of asbestos* related diseases. He will further testify as to the general medical issues concerning the development, cause, and diagnosis ofasbestos-related disease and/or other diseases that may mimic asbestos-related diseases radiographically. Dr, Miller will testify as to his review of Plaintiffs medical and radiological records, reports and/or films. Hewill testify concerning whether they are diagnostic of asbestos-related disease, including asbestosis or other asbestos-related pleural conditions. Dr. Miller may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. ASARCO reserves the right to seek leave ofcourt to call experts who are substituted for experts on this list who become unavailable. ASARCO further reserves the right to call additional expert witnesses for the purpose ofrebuttal or impeachment, if necessary at the time of trial. The general description ofthe area ofexpertise ofeach expert's anticipated testimony is not intended to limit such testimony, but is merely an indication ofthe broad area in which they may offer testimony. ASARCO reserves the right to supplement this designation up to the time of trial. GENERAL FACT WITNESSES 1. All individuals named or to be named as medical witnesses, lay, expert, product identification, liability, and other non-medical witnesses by Plaintiff in this action. 2. All individuals named or to be named as medical witnesses, lay, expert, product identification, liability, and other non-medical witnesses by any other defendant or other party to this action. 3. All individuals named or to be named in any party's answers to Interrogatories. 4. Individuals who were employed as plant managers, industrial hygienists, safety personnel or otherwise at ASARCO's El Paso facility during the relevant time period. 5. Donald A. Robbins, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Mr. Robbins is currently employed by ASARCO as the Director of Environmental Services. 6. Peggy Munsell, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Employed by ASARCO as the Industrial Hygienist at the El Paso facility from December 1993 to January 2001. Ms. Munsell has knowledge of plant operations and industrial hygiene at the El Paso facility. 7. NonnaKidder, c/o ASARCO Incorporated, 3422 Southwest, SaltLake City, Utah (801) 263-5220, Employed by ASARCO as the Plant Nurse at the El Paso facility since 1976. Nurse Kidder has knowledge ofthe operation ofthe clinic at the El Paso facility. 8. LeRoy Bates, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Employed by ASARCO since 1975 in the following positions at the El Paso facility: Invoice Clerk, 1975 - 1980; Computer Systems Analyst, 1980 - 1993; TrainerFor Contractors and Employees, 1993; Training Specialist, 1994; end SafetyEngineer In Charge Of Training, from 1994 - March 1999. Mr. Bates has knowledge ofthe safety equipment used and the safety measures followed at the El Paso facility. 9. Lawrence W. Castor, c/o ASARCO Incorporated, 3422 Southwest, Salt Lake City, Utah (801) 263-5220. Plant Manager from March 1996 through May 2000. Mr. Castor has knowledge of the overall plant operations. 10. K. W. Nelson, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Employed by ASARCO from approximately 1945 through 1982 in various positions in the Industrial Hygiene department and Environmental Sciences department. 11. John B. Richardson, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Employed by ASARCO from approximately 1971 through present in various positions in the Industrial Hygiene department and Environmental Sciences department. ASARCO reserves the right to call additional fkct witnesses. Such additional fact witness will be identified at such time as Plaintiff provides sufficient information regarding the dates or periods during which Plaintiff alleges exposure at ASARCO's property and the nature and location ofthe work performed for ASARCO to adequately investigate such claim. Respectfully Submitted, RAY, MCCHRISTIAN & JEANS, P.C. jom \^romo, suite *tuu El Paso, Texas 79912 (915) 832-7200 FAX: 832-7333 Of Counsel: PORZIO, BROMBERG & NEWMAN, P.C 100 Southgate Parkway Morristown, New Jersey 07962-1997 (973) 538-4006 Fax: (973) 538-5146 Attorneys for Defendant ASARCO Incorporated, formerly known as American Smelting and Refining Company CERTIFICATE OF SERVICE I hereby certify that pursuant to Rule 21, T.R.C.P., on the above date a true and correct copy of the foregoing instrument was delivered as follows: See Attached Service List Delivered Via: _X_ Facsimile Certified Mail Regular Mail Hand Delivery Overnight Mail SERYICELISI Nicole Brown Kennedy 214/520-1181 Plaintiffs Roberto Oaxaca 544-7349 Plaintiffs MelD. Bailey 214/210-2500 Georgia Pacific Gregory Bevel 214/659-4401 Rapid American Coxp. Richard L. Forman 601/960-8613 Uniroyal Holding Thomas F. Dougall 803/788-6767 Proko Industries, Inc. GaiyD. Elliston 214/210*2500 GAF Corp; U.S. Gypsum; Armstrong Work Industries' Asbestos Claim Management, Quigley Company; Gasket Holding, Inc., Dana Corp. U.S. Mineral, Certainteed Corp., T&N Pic Francis G. Harmon, III 713/752-8618 Crown Cork & Seal James M. Harris, Jr. 409/833-4240 Flintkote Co. Kathy Hermes 214/210-2500 Synkoloid JohnL. Hill 713/223-3717 Metropolitan Life Jerome Kacal, Jr. 713/980-9153 ACandS, Inc. Patricia Kelly 956/428-2954 W.R. Grace Ken Meyer 973/538-5146 Asarco, Inc. David Ledyard 409/981-1010 Chevron David Livingston 281/876-3599 Aqua-Chem, Inc. D. Ferguson McNiel 713/615-5493 North American Refractories, Co. Lewis C. Miltenberger 817/820-0373 Harbison-Walker Refractories Company f/k/a Indresco, Inc. &d A.P. Green Industries, Inc, f/k/a A.P. Green Refractories, Company, a subsidiary ofU.S. Gypsum Company Jeffery Mundy 512/494-8318 Owens Coming Russell Nunnally 214/ 740-1499 Kaiser Aluminum Chemical Corp. James H. Powers 713/767*1799 Pittsburgh Coming Corp. W. NeilRambin 214/651-4330 General Refractories Co. Stephen Rice 713/655-9212 Texaco James Riley, Jr. 713/651-0220 Foster Wheeler Energy Corp. James Rush 915/363-9121 Mark Schaffer 713/626-1388 Union Pacific Railroad Michael D. Stell 546-8333 Phelps Dodge Refining David M. Taylor 214/871-8209 3M Carlos Villa 915/532-2041 Garlock; The Anchor Packing Co. ToddN. Wade 713/426-1846 Kelly-Moore R. Mark Willingham 713/426-1717 Asten Group, Inc. 5822 Cromo Drive El Paso, Texas 79912 (915) 832-7200 Telephone (915) 832-7333 Facsimile Ray, McChristian & Jeans Attorneys and Counselors at Law A Professional Corporation The Nowlin Building 9311 San Pedro, Suite 700 San Antonio, Texas 78216 (210) 341-3556 Telephone (210) 341-3557 Facsimile Toll Free Number: (866)832-7200 E-mail Address; nul@rmiBrm.com Web Site Address: wwsv.rmjfirm.com June 18,2001 REPLY TO EL PASO OFFICE Nicole Brown Kennedy Barron & Budd The Centrum Suite H 00,3102 Oak Lawn Avenue Dallas, TX 75219 Jtlfato Robin CoUinjf Travis D. Harvill Daniel R Henvuider* David 5. Jeans Karen L. Landingcr John W. McChristian, Jr* Todd E. Morehall Carlos Morales James A. Moulds, IE Leticia Nunez+ JeffRayNOlga Seelig Murium S. Uddin San Antonio Brian D. Metcalf Lynn Layne Rada R, Jo Reser BftUdCesliAatf Pefitoul TIUI Ijw Taxis fidtrf of LdfSl ftpcckUuJlcn Also LkeMsd In Hew Metaco Roberto Oaxaca Oaxaca Bernal & Associates 1515 Montana Avenue El Paso, TX 79902 RE: Counselors: Aguilera v. ASARCO; Cause No. 2000-2113 390.24 Enclosed is ASARCO Incorporated's Designation ofExpert and General Fact Witness in the above-referenced matter. If you have any questions, please do not hesitate to call me. DJrgmc Enclosure Sincerely, avid S. Jeans, OW OoG-