Document dYYb77kqmdpBK7qJb5Z4eOYke

CAUSE NO. 12540*BHOO EDWARD J. LAMBERT VS. PROKO INDUSTRIES, INC., ET AL. IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23RD JUDICIAL DISTRICT DEFENDANT PHARMACIA CORPORATION'S, FORMERLY KNOWN AS MONSANTO COMPANY, DESIGNATION OF EXPERT AND FACT WITNESSES PURSUANT TO COURT ORDER AND SUPPLEMENTAL RESPONSE TO PLAINTIFF-INTERVENORS' REQUEST FOR DISCLOSURE UNDER RULE 194 TO: Plaintiff, by and through his attorneys ofrecord, Stephanie Finch and HollyHuart, Baron & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219. Defendant Pharmacia Corporation, formerly known as Monsanto Company, (hereinafterreferred to as "Pharmacia") serves this Designation ofExpert and Fact Witnesses Pursuant to Court Order and Supplemental Response to Plaintiff-Intervenors' Request for Disclosure under Rule 194. Testifying Experts Plaintiffs' disclosures concerning experts in this cause to date are incomplete and inadequate and Plaintiffs ' experts have yet to be made available for deposition. Plaintiffs have also failed to provide dates on which their experts can be deposed. Therefore, based upon the foregoing and lack ofinformation concerning Plaintiffs' experts and their impressions and opinions and the basis therefor, Defendant is unable to fullydisclose the required information concerning its experts. However, in an effort to disclose as fully as possible. Defendant provides the following information and reserves the right to supplement this disclosure in response to additional information which maybe provided or obtained concerning Plaintiffs ' experts. In addition, dates for Pharmacia's experts to be deposed will be provided within a reasonable time after dates for Plaintiff's experts to be deposed have been provided. 1. Dr. John Craighead 108 Four Winds Road Ferrisburg, Vermont 05456 802-425-3480 Dr. Craighead is an M.D. pathologist who will testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects ofasbestos on the human body. He will also testifyconcerning his conclusions as to whether Mr. Lambert has a neoplastic process, and ifso, whether such neoplastic process is related to asbestos exposure, based upon his review of available medical records, x-rays and pathology. The general substance ofDr. Craighead's mental impressions and opinions and a summary ofthe basis for them are as follows. Dr. Craighead will provide an overview ofthe history ofasbestos utilization in this country forindustrial purposes and to relate, in general, the developing concepts regarding its potential role in the causation ofdisease. The discussion is divided into three units related to the three disease processes attributable to asbestos, or at least some forms ofasbestos. Asbestosis: This disease process is a scarring ofthe lung which simulates scarring due to a variety ofcauses, some ofwhich are unknown. Thus, asbestosis in manyrespects is similar clinically and pathologically to the fibrotic disease ofthe lung that occurs in persons who have no environmental exposure to dusts. It develops over a protracted period ofexposure and in only a small proportion ofthe numerous individuals who work with the material. In 1993, we consider asbestosis to be the result ofexceedinglyheavy exposure to asbestos over an extended period oftime. This was the concept that evolved in the early 1900's when asbestos first was used in large amounts in industry. Historically, asbestosis as a disease process was first recognized in 1900 at autopsy. There was littlenew information in the literature until themid 1920's when the asbestos bodies that are typical ofthe disease were described and more detailed microscopical features ofthe disease were noted by pathologists. In the - 1920's and 1930's, asbestosis continued to be a disease process associated with heavy and prolonged exposure to asbestos in an era where industrial dust controls were largely lacking. From a historical perspective, the Second World War is noted as a landmark, for during the period ofhostilities, asbestos was used widelyin all types ofships and war vehicles. Consumption ofasbestos in this countryincreased exponentially and few, ifany, serious attempts were made to control its use and the inhalation ofthe material byworkers in the industrial setting. As a consequence ofthis almost uncontrolled use ofasbestos, many cases ofasbestosis appeared years after the cessation ofhostilities. In the early 1960's, Dr. Irwin Selikoffandhis associates documented the industrial occurrence of this disease process, particularly in insulators. It soon became apparent that the major groups affected were insulators and workers in the ship building industry, particularly those employed during the Second World War. Thus, in 1965 when the first significant series ofpublications relating asbestos to disease in this countrywere published, asbestosis was considered a disease 2 process limited to industrial groups, such as insulators who had heavy exposure to asbestos. Little consideration was given whatsoever to exposure occurring in outside air environments orwhen asbestos was used under controlled situations. In addition, there was no concern with respect to asbestos utilization in situations such as brake shoes, plastering material, electric wire, etc. This was the state ofunderstanding during the period oftime in the 1960's when Dr. Craighead was training in Pathologyin Boston, an urban communitywhere significant ship building activityhad occurred during the Second World War. It was onlyin the 1970's and 80's that concern regarding low levels of asbestos exposure as a cause of asbestosis were voiced by federal agencies. Nonetheless, no definitive epidemiological evidencewas available to indicate that asbestosis might be a significantproblem for those working with low levels ofasbestos or in outside environments. This situation continues today since we continue to recognize asbestosis as being a relatively uncommon condition occurring in individuals whose exposure has been unusuallyheavy. The list ofmajor industries where asbestosis occurs has grown as we have learned more. We now include individuals who have worked in the asbestos textile industry where the material is readily aerosolized in the working environment and among workers in the mining and milling ofasbestos, such as Canadian chrysolite miners and millers. Fortunately, we now are exceedingly cautious in insisting that exposure in these industries is controlled by personal respirator use or industrial controls. Frequently, workers in all types ofindustries have been shown to exhibit abnormal Xrays, and this, by some, has been falsely interpreted as an asbestos-related disease. Most often, the pulmonary abnormalities in these workers are due to cigarette smoking (fibrosis and emphysema) -- the major cause of disability among industrial workers. Lung Cancer: Bronchogenic cancer, a tumor originating from the walls ofthe airways, is the major cancer occurring in this country among middle-aged men today. It has a high fatalityrate and often affects men in the prime oftheirworking life. It is not surprising that concern arose as to the role ofasbestos in the genesis oflung cancer. The first reports suggesting this possibilitywere published in the 1930's and many additional cases were observed in which an asbestos worker who smoked developed the cancer. In 1955, Sir Richard Doll established by epidemiological means a statistically significant relationship between asbestosis and the development oflung cancer. It is important to emphasize that the relationship was based on the disease process asbestosis as demonstrated at autopsy. In 1965, Selikoffand his associates demonstrated a high incidence of lung cancer in workers in trades where exposure was heavy. No attempt was made to define whether ornot these individuals had asbestosis. No doubt those that were affected with the cancer often did have asbestosis, whereas in others, the cancer was related exclusively to cigarette smoking. This was the state ofart when Dr. Craighead and his colleagues undertook studies in the early 1970's to elucidate the role ofasbestos in lung cancer. These studies clearly showed that asbestos, in and ofitself, was not a carcinogen, but in large amounts, enhanced the effects ofthe polycyclic aeromatic hydrocarbons and other carcinogens in cigarette smoke. This promoter concept is now well-established in the medical literature and relates to the fact that substances such as asbestos, enhance the effects of cigarette smoking but are not the cause of the cancer. Nonetheless, there were epidemiological reports that suggested that individuals with no smoking history who were exposed to asbestos develop lung cancer. No doubt, a few ofthese instances exist, but there is no clear epidemiological evidence to indicate that asbestos was the responsible 3 agent. Establishment ofthe promoter concept ofcarcinogenesis with regard to lung cancer and asbestos awaited definitive studies in the mid-1980's, the first ofwhich was carried out byHans Weill and his associates among concrete asbestos workers inNew Orleans. These studies and subsequent investigations by Selikoffand his group showed clearlythat asbestosis demonstrated radiologically is a necessary precursor for the development ofthe disease. Asbestosis would appear to be a marker ofheavy and prolonged exposure to asbestos as indicated above. The most recent definitive studies by Selikoffand his coworkers which incorporated observations on over 17,000 insulation workers have clearly shown that asbestos exposure in the absence ofcigarette smoking cannot be considered a carcinogen. This work was published in abstract form in the late 1980's. In view ofthese findings, we can consider the lung cancer threat to be limited to thosewith very heavy and prolonged asbestos exposure in industry, not in those with fight exposure or after outside exposure. Mesothelioma: Mesotheliomas were first described occurring in members ofgeneral population in the 1870's, long before asbestos b.ecame a commercially usable industrial product. It was exceedingly rare, pathological curiosity. During the Second World War and after the war, occasional cases ofmesothelioma were noted in individuals with asbestosis, but an epidemiological association between the disease and exposure to asbestos was not established until 1960 when studies by Wagner and his associates clearly demonstrated that crocidolite asbestos was responsible for the condition among miners and members ofthe general population in a unique area ofSo. Africa. At that time, Wagner showed that amosite asbestos and chrysolite asbestos played no role in the genesis ofthe disease in So. Africa. Mesotheliomas were next reported in 1965 by Selikoffand his associates among workers heavily exposed to asbestos in the insulation trade. Gradually, additional cases were reported in the medical literature, but few epidemiological studies comprised oflarge numbers ofcases were described. The condition continued to be a sporadically observed cancer occurring among individuals exposed to amphibole asbestos types. A clear relationship ofamphibole asbestos withmesothelioma, however, was not established until themid1980's when careful epidemiological studies discriminated between exposure to the two different types of asbestos among industrial workers. Mesothelioma was considered to be a sporadic disease even in the late 1970's when Dr. Craighead undertook studies with a committee ofexperts through a contractwith NIOSH. This investigation was an attempt to define the asbestos-associated diseases as carefully as one could forpathological evaluation. Since that time, increasingly largenumbers ofmesotheliomas have been reported in individuals who were exposed to asbestos many years in the past in the shipyard or where insulation material was used without careful control ofdust. The long latencyperiod ofthis disease was demonstrated and as time has passed, the latency period ofmany tumors has been found to be 30 and 50 years or more. Dr. Craighead's curriculum vitae has been previouslyprovided to Plaintiffs counsel. Ifanother copy is desired, Defendant will, on request, provide one. 4 2. Peter J. Barrett, M.D. 10 Martin's Lane Hingham, MA 24043 617-749-5876 Dr. Barrett is currently a StaffRadiologist and former Chairman ofRadiologyDepartment and President ofthe medical staffat QuincyCityHospital, Quincy, Massachusetts. He is also Director ofRadiologic Services at the Massachusetts Respiratory Hospital in Braintree. He is board certified in diagnostic radiology and nuclearmedicine and has been a "B" reader from NIOSH since 1984. He is a fellow ofthe American College ofRadiology and a member ofthe American Roentgen Ray Society, the American Thoracic Society, and the Massachusetts Radiological Society in which he has held several offices including the president 1977-1978. He has been a consultant to the U.S. government regarding asbestos concerns and a consultant to the Department of Labor Black Lung Program. Dr. Barrett is an M.D. and a "B"-readerwho maytestify concerning his review ofthe radiographs, CT scans and other records ofthe Plaintiffand the significance ofvarious x-ray findings on the radiographs ofthe Plaintiffand whetherthose radiographs contain abnormalities consistentwith an asbestos disease. He will testify that based upon his review ofthe x-rays submitted to him, there is no present radiographic evidence that Mr. Lambert has a neoplasm in his chest. Dr. Barrett is expected to provide testimony concerning the anatomic structure and functioning of the lung, the defense mechanisms and functioning ofthe lung, the responses ofthe lung to various stimuli, and the role ofvarious components ofthe respiratory system in the proper functioning of the lung. Dr. Barrett is expected to describe and distinguish various types ofasbestos fibers; to describe the things which affect the ability ofasbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers ofasbestos that are inhaled, whether or not they are retained. Dr. Barrett will define and distinguish various conditions, such as asbestosis, pleural changes and othernonmalignant changes that maybe attributable in some persons to the results oflong term inhalation and retention ofsome forms ofasbestos fiber. Dr. Barrett is further expected to testify concerning the types of asbestos and their association with disease. Dr. Barrett is further expected to offer testimony concerning the effects ofinhaled tobacco smoke and other factors on the occurrence ofdisease in populations who are also alleged to be exposed to asbestos products, and how the effects oftobacco smoke can confound the apparent results of certain epidemiologic studies. Dr. Barrett may testify as to the general medical aspects ofthe diagnosis and treatment ofasbestosrelated disease and may also testify as to the relationship ofasbestos exposure and the incidence 5 ofcertain types ofcancer and that certain types ofcancer such as colon cancer are not established as being related to asbestos exposure in the valid medical and scientific literature. He will also testimony concerning the significance ofasbestos related abnormalities and neoplastic disease, that asbestos related pleural plaques and pleural thickening are not asbestosis and do not in ordinary have an effect on a person's lung function and have no relationship to any type of neoplasm. Dr. Barrettwill also testify as to the likelihood ofwhether aplaintiffwill develop an asbestos related malignancy based on the valid medical and scientific literature. Dr. Barrett is also expected to testify concerning the anatomy and function ofthe respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; the symptomatology, disease process and diagnosis ofasbestosis and certain cancers associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent ofan association ofobstructive pulmonary disease with asbestos fiber exposure; the effect ofexposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system, and other causes ofobstructive and restrictive disease or defects ofthe respiratory system; methods ofdiagnosis ofvarious diseases, particularlymeans of establishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos related diseases; incidence oflung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; the relationship ofcigarette smoking to cancer ofthe lung and cancer ofthe other sites with reference to epidemiological studies and physiologic effect; the difference between impairment and disability; the effect ofasbestosis, or asbestos exposure without asbestosis, on disability and life expectancy; and the effect ofpleural plaques or other pleural manifestations ofasbestos exposure on lung function or life expectancy; cancer incidence in the general population and among asbestos workers and its potential causes. Dr. Barrett's C.V. has been previouslyprovided to Plaintiffs counsel. If another copy is desired, Defendant will, on request, provide one. 3. Dr. Willaim L. Dyson, Ph.D., CEH 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 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: properties, use ofand historical developments concerning asbestos and asbestos-containing products; industrypractice and standards in general and specifically concerning industrial hygiene and asbestos; historical and developing state ofthe art of industrial hygiene in general and specifically concerning asbestos; state ofknowledge concerning exposure to asbestos and effects thereofat relevant times; the process ofestablishing, 6 historical development and significance ofmaximum allowable concentrations, permissible exposure limits, threshold limit values, regulatory standards, and similarconcepts, 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 duringrelevantperiods oftime; how potential exposure levels from various activities compared to then existing threshold limitvalues at relevant times; employer's responsibil98ty for employee/workerwork site conditions and safety; and the reasonableness ofpetrochemical premises owner's conduct duringrelevant periods oftime. Dr. Dyson may also offer opinions relating to the levels ofasbestos exposure necessary to attribute the development ofmesotheliomato anyparticular occupational exposure. Dr. Dyson may also testify regardingmatters in response to testimony ofPlaintiff's experts. The basis forMr. Dyson's mental impressions and opinions are his education, training and experience and his review of pertinent literature. Also, Pharmacia herebyincorporates any and all disclosures, designations and reports provided by any other defendant herein concerning Dr. Dyson's areas of testimony, observations, impressions and opinions, and the bases therefor. 4. 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 history ofPlaintiffand whetherthose complaints could be or were caused by any alleged exposure to materials from the premises ofthis Defendant. Dr. Ross may also testifyregarding 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. 5. 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 inpulmonarydiseases and maytestifyregarding the pulmonary diseases and illnesses alleged byPlaintiff. More specifically, Dr. Hale may testifyregarding specific medical complaints and history ofPlaintiffand whetherthose alleged diseases or illnesses could be orwere caused by any alleged exposure to materials from the premises ofthis Defendant. Dr. Hale may address issues regarding alleged medical risks to Plaintiffin the future due to Plaintiffs alleged exposure to materials from the premises ofthis Defendant. Dr. Hale may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 7 6. John R. Holcomb, M.D. 4410 Medical Dr., Suite 440 San Antonio, Texas 78229 (210) 692-9400 Dr. Holcomb is a specialist inpulmonarydiseases and maytestifyregarding thepulmonary diseases and illnesses alleged byPlaintiff. More specifically, Dr. Holcomb may testify regarding specific medical complaints and historyofPlaintiffand whetherthose alleged diseases orillnesses could be or were caused by any alleged exposure to materials from the premises ofthis Defendant. Dr. Holcomb may address issues regarding alleged medical risks to Plaintiff in the future due to Plaintiffs alleged exposure to materials from the premises ofthis Defendant. Dr. Holcomb may offer testimony in response to any reports or testimony offered by Plaintiffs experts. 7. Dr. Gary K. Friedman Texas Occupational Medicine Institute 11757 Katy Freeway, Suite 1540 Houston, Texas 77079 Dr. Friedman is board certified by the American Board ofInternal Medicine and the American Board ofPreventive Medicine and Occupational Medicine and practices occupational medicine and pulmonology in Houston, Texas. A copy of his CV is attached. Dr. Friedman may testify concerning his review ofthe radiographs, CT scans and medical records ofthe plaintiffand the significance ofvarious x-ray findings on the radiographs ofthe plaintiffs and various pathological findings and whether those radiographs and pathology findings contain abnormalities consistent with mesothelioma. He will testify that based on his review ofthe x-rays submitted to him, there is no present radiographic evidence that Mr. Lambert has a neoplasm in his chest. Based upon those x-rays, Mr. Lamberts history, and his review ofthe medical records he will testify that Mr. Lambert suffered from a bilious pleural effiision, a veryrare type ofpleural efiusion. He will testify concerning Mr. Lamberts alleged diagnosis with malignant mesothelioma. Dr. Friedman has been provided all medical records that have been obtained in discovery in this case as well as x-rays from the VA hospital, Sid Peterson Hospital and Kona CommunityHospital in Hawaii to review. Ifany further medical records are obtained in this case for any more recent treatment ofMr. Lambert they will be provided to Dr. Friedman as well. Dr. Friedman may also perform an independentmedical examination on Mr. Lambert. Ifhe does, he will testifyconcerning that independent medical examination or concerning any other independent medical examination done by any other physician. 8 Pharmacia also designates the following witnesses, whose testimonymaybe construed as expert and opinion type testimony, through their deposition and/or trial testimony from other cases: 8. 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; 136th Judicial District. Dr. Kelly's testimony, both at trial, and on deposition, is designated here onlyto the extent that he gave expert or opinion type testimony in that deposition. 9. Mr. Jack T. Garrett 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; 136th Judicial District. Mr. Garrett's deposition testimony is designated here onlyto the extent that he gave expert or opinion type testimony in that deposition. . 10. Joe Shrode in the case ofClaude J, Tqmplait v. Combustion Engineering, et al.; U.S. District Court forthe 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. 11. 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-836251-RFP, USDC, N.D. Calif. In addition, Pharmacia also designates the following persons who have been disclosed as fact witnesses who may provide testimony that could be construed as expert or opinion type testimony: 12. Bruce W. Eley Solutia, Inc. 575 Maryville Centre Drive, 6 North St. Louis, Missouri 63141 See Section II below. 13. John E. Fox HC64 Box 605 Harper, Texas 78631-9407 (210) 669-2744 See Section II below. Pharmacia also designates any and all expert witnesses designated herein byotherDefendants and hereby incorporates all such designations and disclosures. Pharmacia also designates any and all expert witnesses designated herein by Plaintiff. Fact Witnesses Dr. R. Emmet Kelly (now deceased) By prior deposition and/or trial testimony in: Schmidt, et al. v. AC&S, et air. No. D-145,280; 136th Judicial District Court ofJefferson County, Texas Major, et al. v. ALCO Standard Corp., etal.; No. 93-CV-315; U.S. District Court for the Eastern District of Texas Bush, et al. v. Appalachian Power Co., etal.; 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 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 in Defendant's corporation headquarters 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 Defendant'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 byPharmacia's Chocolate Bayou plant in Alvin, Texas relating to medical matters at Pharmacia's Chocolate Bayou plant from 1962 until 1988. Dr. William Gaffey 11269 Pineside Drive St. Louis, Missouri 63146 Dr. Gaffey was Defendant's corporate epidemiology director from 1979 until 1989 at Defendant's headquarters in St. Louis, MO. Elmer Wheeler (deceased) Jack T. Garrett (deceased) By prior deposition testimony in: Schmidt, etal. v.AC&S, et al.; No. D-l 45,280; 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 11 Solutia, Inc. 575 Maryville Centre Drive St. Louis, Missouri 63141 Paul Easterday c/o Defendant Company 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 Pharmacia's corporate headquarters from 1966 to 1991 and is believed to have occasionally visited Pharmacia'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 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 atPharmacia'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 Cityplant 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 12 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 Pharmacia's Chocolate Bayou plant in Alvin, Texas. Mr. Bryant is the current industrial hygienist in the plant. Mr. Meade served in that capacity from 1977until 1979. Mr. Edwards served in that capacity from 1980until 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 Mr. Biyant are expected to have knowledge ofthe industrial hygiene practices and policies at Pharmacia'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 13 Vincent Boyen 14592 White Birch Valley Lane St. Louis, Missouri 63017 Messrs. Lundin, Gorbell, Miller, Witter and Boyen are formerPharmacia corporate 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 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 14 These individuals are former safety department and/or lossprevention department personnel at Defendant's Texas City plant in Texas City, Texas. They are expected to have knowledge ofthe safety practices, policies and procedures in place at Defendant's Texas City Plant. Albert James Fiske (address and telephone number unknown) Safety Department 1961-1963 George F. Korkmas 405 Riverside Drive. Alvin, Texas 77511 Safety Department 1963-1966 James L. Kilby c/o Pharmacia Corporation 800 North Lindbergh Blvd. St. Louis, Missouri 63167 Safety Department 1966-1968 Willard W. Vamado 6820 Cypress Point Austin, Texas 78746 Safety Department 1968-1969 Francis H. Dupre 15 Spring Lake Court St. Charles, Missouri 63303 Safety Department 1969-1970 and 1975-1978 Douglas K. Stephens 1116 Deats Road Dickinson, Texas 77536 Safety Department 1970-1971 Charles H. McComb c/o Phaimacia Corporation FM Road 2917 (Mortenson Road) Alvin, Texas 77510 Safety Department 1971-1973 15 James C. Edwards 2418 Bay Crest Houston, Texas 77058 Safety Department 1973-1975 Stephen L. Nevarez Route 4,116 Oak Manor Alvin, Texas 77511 Safety Department 1978-1979 Donald A. McKee Route 1, Box 150 Manvel, Texas 77578 Safety Department 1979-1980 John C. Usrey P. O. Box 639 Alvin, Texas 77512 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 Pharmacia's Chocolate Bayou Plant in Alvin, Texas. They are expected to have knowledge ofthe policies, safety practices and procedures in place at Pharmacia's Chocolate Bayou Plant. John Tissue Route 1, Box 366 Somerville, TX 77879 Mr. Tissue worked in the purchasing departments ofDefendant's Texas CityPlant, Chocolate Bayou Plant, andaformer 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 CityPlant, Chocolate Bayou Plant and the former Lion Oil Company facilities in El Dorado, Arkansas. Vernon Mapes 16 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 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 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 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,h Avenue, N. Texas City, Texas 77590 Edward L. Smith 510 21st 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 Defendant's Texas Cityplant. As such, they are believed to have knowledge ofthe insulation products used, as well as the installation practices, procedures, and policies ofDefendant 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. Robert Lee 7211 Mallard Texas City, TX 77590 (409) 935-0628 Mr. Lee worked as a contractor at numerous industrial sites, including Monsanto's Texas facilities. As such, he is believed to have knowledge ofwork condition, procedures and policies ofMonsanto regarding the installation ofinsulation, and the use and availability ofsafety equipment and the safetypractices of individuals who may have installed insulation products at the Texas City plant. Gordon Dillon 19 2718 Fairfield Ave. Texas City, Texas 77590 (409) 948-3750 Mr. Dillon was a safety inspector at Defendant's Texas City plant. Bob Abrahams 1021 Main Street, Suite 2020 Houston, TX 77002 (713) 527-0379 Mr. Abrahams is a former employee ofB&B Engineering who will testify concerning wages paid to employees including,, but not limited to, manner of payment and withholding of FICA taxes. Richard Nowland 6833 Kirbyville Street Houston, TX 77033 (713) 644-1247 . Mr. Nowland will testify concerning the records ofJ.T. Thorpe ofTexas and the fact that employees were paid by check and that FICA wages were reported to the federal government as required by law. Tom Hopkins 6833 Kirbyville Street Houston, TX 77033 (713) 644-1247 Mr. Hopkins will testify concerning the records ofJ.T. Thorpe ofTexas and the fact that employees were paid by check and that FICA wages were reported to the federal government as required by law. Defendant presumes that Plaintiffhas knowledge of facts relevant to his claims against this Defendant. Defendant will continue to supplement in accordance with the Tex. R. Civ. P. n r\ Respectfully submitted, ELLIS, CARSTARPHEN, DOUGHERTY & GOLDENTHAL P.C. By: Al Edwa *d M. Carstarphen StaWBar No. 03906700 G. Joe Ellis State Bar No. 06575050 Douglas B. Dougherty State Bar No. 06031650 720 N. Post Oak, Suite 330 Houston, Texas 77024 Telephone: (713)647-6800 Facsimile: (713) 647-6884 ATTORNEYS FOR DEFENDANT PHARMACIA CORPORATION, FORMERLY KNOWN AS MONSANTO COMPANY CERTIFICATE OF SERVICE I hereby certify that on the / *7 'day ofApril, 2001, a copy ofthe foregoing was sent byUnited States certified mail, return receipt requested, to counsel for Plaintiff, Holly Huart and Stephanie Finch, BARON & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219, and was sent by regular United States mail to all other known counsel of record. 21