Document ejgzQOaJe86a3YvMZg6jKmzp
PLAINTIFF'S EXHIBIT
CAUSE NO. 90G2055
WELDON R. MOAKE, et al.
IN THE DISTRICT COURT OF
Plaintiffs,
VS. BRAZORIA COUNTY, TEXAS
OWENS-CORNING FIBERGLAS CORPORATION, et al.
Defendants.
239th JUDICIAL DISTRICT
SOUTHWESTERN REFINING COMPANY'S INC.'S RESPONSE TO PLAINTIFF'S REQUESTS FOR DISCLOSURES
TO: PLAINTIFF, WELDON R. MOAKE, by and through his attorney ofrecord, Elizabeth R. Schick, Baron & Budd, P.C., 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 752194281.
NOW COMES Southwestern Refining Company, Inc., Defendant, in the above styled and
referenced cause of action, and files the attached Answers to Plaintiffs' Requests for Disclosures
pursuant to Rule 194.2, Texas Rules of Civil Procedure.
Respectfully submitted,
BROWN SIMS, P.C.
By: G*. &UVD\n 3lir>n>/F-A^\_
G. Byron Sims Texas Bar No. 18419000 Robin Howard State Bar No. 24007393 2000 Post Oak Blvd., Suite 2100 Houston, TX 77056-4496 [t] (713) 629-1580
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[f] (713) 629-5027
ATTORNEYS FOR DEFENDANT, SOUTHWESTERN REFINING COMPANY, INC.
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been served on all counsel in accordance with Rules 21 and 21a of the Texas Rules of Civil Procedure, on this
'ZMUU day of September 2001.
27( .
Robin A. Howard
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ANSWERS TO REQUESTS FOR DISCLOSURE IN ACCORDANCE WITH TEX.R.CIV.P. 194.2
RULE 194.2(a):
The correct names of the parties to the lawsuit.
RESPONSE; Defendant does not know the correct names of all parties to this lawsuit. The correct name of the Defendant responding to these requests is Southwestern Refining Company, Inc.
RULE 194.2fbl:
The name, address, and telephone number of any potential parties.
RESPONSE: At this stage of discovery, other potential parties include Plaintiffs prior employers, their insurers, and Plaintiffs union.
RULE 194.2(cl:
The legal theories and, in general, the factual bases ofthe responding party's claims or defenses (the responding party need not marshal all evidence that maybe offered at trial).
RESPONSE: 1.
Defendant, Southwestern Refining Company, Inc., did not purchase, own, occupy, or operate the premises at all of some of the times Plaintiff claims to have been exposed to asbestos fibers. Defendant, Southwestern Refining Company, Inc., did not acquire what interests it had in the premises until 1974 and by 1995 Southwestern Refining Company, Inc. relinquished that interest.
2. Some or all of Plaintiffs employers did not perform work or services at the premises and, therefore, Plaintiff was not exposed to asbestos fibers as claimed at the premises while working for certain of his employers.
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3. Plaintiff knew or should have known, through his employers or his unions, of the risks of asbestos exposure he claims Defendant, as premises owner or occupier, knew or should have known about.
4. Plaintiffs claimed exposures occurred either entirely or partially at other premises owned, occupied, or operated by other Defendants or third parties.
5. Plaintiffs employers who did not carry worker's compensation insurance for those periods Plaintiff claims he was exposed at the refinery may have been negligent in not furnishing that equipment Plaintiff claims should have been furnished to avoid exposure.
6. Pursuant to 95.003 of the Texas Civil Practice and Remedies Code, Defendant, as a premises owner or occupier, is not liable for the alleged injuries sustained by Plaintiff, who was an employee of an independent contractor, because: (a) Defendant did not exercise or retain control over the manner in which Plaintiffs work was performed; and/or (b) Defendant did not have actual knowledge of the danger or condition resulting in Plaintiffs alleged injury and thereby did not fail to adequately warn.
RULE 194.2(di:
The amount and any method of calculating economic damages.
RESPONSE: Defendant does not know the amount and method of calculating economic damages claimed by Plaintiff. At this stage of discovery, Defendant is not seeking economic damages.
RULE 194.2(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.
RESPONSE:
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1. Acree, Leroy Kerr McGee Corporation Post Office Box 15861 Oklahoma City, Oklahoma 73125 Kerr McGee Corporation employee; Claim Division.
2. Clark, Roger A. 6214 Boca Raton Corpus Christi, Texas 78413 512.814.8292 Former Southwestern Refining Company, Inc. employee; Environmental Division
3. Flores-Skrouppa, Debbie, R.N. #2 Prairie Ridge Robstown, Texas 78390 512.387.3779 Former Southwestern Refining Company, Inc. employee; Industrial Nurse, Health & Safety Department
4. Garza, Pablo 3509 Pecan Corpus Christi, Texas 78411 Former Southwestern Refining Company, Inc. employee; Safety Specialist
5. Gibbs, John, M.D. Kerr McGee Corporation Post Office Box 15861 Oklahoma City, Oklahoma 73125 Kerr McGee Corporation employee; Director of Medical Services
6. Goltra, Evan, M.D. (Now retired) Current address and phone number unknown Former Kerr McGee Corporation employee; Director of Medical Services
7. Hines, J.C., M.D. 7121 South Padre Island Drive Corpus Christi, Texas
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512.886.4158 Southwestern Refining Company, Inc. contract employee; performed employee physicals and assisted in on-site emergencies
8. Moloney, Thomas, M.D. 7406 Up River Road Corpus Christi, Texas 78409 512.289.2890 Southwestern Refining Company, Inc. contract employee; performed employee physicals and assisted in on-site emergencies
9. Norris, Ron 2010 Paul Jones Corpus Christi, Texas 78412 Former Southwestern Refining Company, Inc. employee; Manager, Industrial Relations
10. Pope, Barbara 10638 Larkwood Street Corpus Christi, Texas 78410 361.241.7161 Former Southwestern Refining Company, Inc. employee; Industrial Hygienist, Health and Safety Department
11. Renfro, Norman 503 Ridge Bluff San Antonio, Texas 78216 210.545.3831 or 7990 I.H. 10 West San Antonio, Texas 210.370.2000 Former Southwestern Refining Company, Inc. employee; knowledge of Southwestern Refining Company, Inc.'s policies and procedures
12. Sands, Tom Koch Refining Suntide Road Corpus Christi, Texas 78409
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Former Southwestern Refining Company, Inc. employee; Manager, Administration
13. Settles, Stephanie 2910 Rorer Circle Corpus Christi, Texas 78410 512.242.2505 Former Southwestern Refining Company, Inc. employee; Industrial Hygienist, Health and Safety Department
14. Starkey, H. Wayne 3609 Castle River Corpus Christi, Texas 78410 361.241.8345 Former Southwestern Refining Company, Inc. employee; thereafter employee of Gilman Insulation
15. Steen, Charles A. 4953 Cherry Hill Drive Corpus Christi, Texas 78413 361.991.3222 Former Southwestern Refining Company, Inc. employee; knowledge of Southwestern Refining Company, Inc.'s policies and procedures
16. Trower, Carolyn DeYoung 4301 Braggs Drive Corpus Christi, Texas 78413 361.855.7360 Former Southwestern Refining Company, Inc. employee; Industrial Hygienist, Health and Safety Department
17. Voelker, Anita, R.N. 11037 Timbergrove Corpus Christi, Texas 78410 512.241.3494 Former Southwestern Refining Company, Inc. employee; Industrial Nurse, Health & Safety Department
18. Waide, Douglas, C., Ph.D.
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Director of Consulting Services International Haz-Mat & Safety Consultants Post Office Box 1091 Ingleside, Texas 78362 512.776.7397 or Brush Patch RV Park Ingleside, Texas 78382 Former Southwestern Refining Company, Inc. employee; former safety specialist
19. Walker, William 6414 Cateau Corpus Christi, Texas 78414 512.993.8051 Former Southwestern Refining Company, Inc. employee; Manager of Health & Safety Department
20. Weldon Russell Moake 1040 Laurel Oak Drive Flower Mound, Texas 75028-1381 972.539.6966
21. Janice I. Moake 1040 Laurel Oak Drive Flower Mound, Texas 75028-1381 972.539.6966
22. Mack K. Moake 601 Knobview Drive Shelbyville, Kentucky 4065 502.633.4142
23. Dana R. Ashley 5233 Tarton Corpus Christi, Texas 78413 361.992.7225
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24. Kevin R. Moake 528 Raintree Circle Coppell, Texas 75019 972.462.0543
25. Jack Hoover 2642 Tulane Drive Corpus Christi, Texas 78418 361.937.1989
26. Marvin E. Wuenshe 409 East Elizabeth Kingsville, Texas 78363 361.592.6227
27. James Ford 303 Magdalena Drive Victoria, Texas 77904 361.575.7863
28. Leroy Verdine 207 Beachwood Victoria, Texas 77901 361.578.2057
29. L.D. Watkins 10402 Birwood Corpus Christi, Texas 78410 361.241.1647
30. Kenneth Kemp 204 Primrose Victoria, Texas 77904 361.573.4878
31. Ronald Ray Lightfoot 10601 Veda Corpus Christi, Texas 78410 512.241.0440
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32. Michael Dale Byerley RR2, Box 42 A-l Mathis, Texas 78368 361.547.5561
33. Jack D. Westbrook Post Office Box 897 Odem, Texas 78370 361.368.9037
34. Glen A. Curfman 2 County Road 405 Three Rivers, Texas 78071 361.786.3007
35. David Salinas Post Office Box 301 Alice, Texas 78333 361.777.2269
36. Lee Roy Cervenka 111 Old Angleton Road Lake Jackson, Texas 77566 409.265.4434
37. Billy Winston Stevens 114 Perth Road Victoria, Texas 77904 361.572.8281
38. Leonard Dunnahoe Route 1, Box 723 Aransas Pass, Texas 78336 361.776.2249
39. Morris Wayne Byerley 2519 Robby Corpus Christi, Texas 78410 361.241.1604
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40. John Theodore Kayda, Sr. 1610 Atlanta Street Deer Park, Texas 77536 281.479.8591
41. Earl Thomas Knighton 160 Briar Drive Shepard, Texas 77371 281.592.6567
42. Bartley C. Bauman, Jr. Route 1, Box 196 Sinton, Texas 78387 361.287.3362
43. Dr. James Robb Cedars Medical Center 1400 Northwest Avenue Miami, Florida 33136 305.325.5587
44. Dr. Victor Roggli Durham VA Medical Center Department of Pathology (113) 508 Fulton, Street, F3196 Durham, North Carolina 27705 919.286.0411
45. Dr. Ibrahim Ramzy Baylor College of Medicine - Pathology Department One Baylor Plaza Houston, Texas 77030 713.798.4681
46. Dr. Nancy Carraway M.D. Anderson Cancer Center 1515 Holcombe Boulevard Houston, Texas 77030 713.792.3125
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47. Dr. H.J. Shin M.D. Anderson Cancer Center 1515 Holcombe Boulevard Houston, Texas 77030 713.792.3125
48. Dr. Dale Odell Pro Path Services 8267 Elmbrook Drive, Suite 100 Dallas, Texas 75247 214.638.2000
50. Dr. Terri Casey Medical Center of Lewisville, Pathology Department 500 West Min Lewisville, Texas 75057 (No telephone)
51. Deborah B. Aquino Clinical Flow Cytometry and Cellular Immunology Laboratory University of Texas Southwestern medial Center 5323 Harry Hines Boulevard Dallas, Texas 75235 214.648.4078
52. Dr. Greg Staerkel M.D. Anderson Cancer Center 1515 Holcombe Boulevard Houston, Texas 77030 713.792.3125
53. Dr. Glen Genovese 475 Elm Street, Suite 100 Lewisville, Texas 75028 972.243.8363
54. Dr. Dennis Costa 475 Elm Street, Suite 100 Lewisville, Texas 75028
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972.221.0147
55. Dr. Lyle Brown Denton, Texas
56. Dr. Dong Moon Shin Baylor College of Medicine - Pathology Department One Baylor Plaza Houston, Texas 77030 713.792.6363
57. Dr.l Garrett L. Walsh Baylor College of Medicine - Pathology Department One Baylor Plaza Houston, Texas 77030 713.792.6363
58. Dr. Kathleen Pisters Baylor College of Medicine - Pathology Department One Baylor Plaza Houston, Texas 77030 713.792.6363
RULE 194.2(f):
For any testifying expert:
(1) the expert's name, address and telephone number;
(2) the subject matter on which the expert will testify;
(3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information;
(4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party:
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(A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and
(B) the expert's current resume and bibliography
RESPONSE: At this stage of the case and discovery, Defendant has not determined who, if anyone, may be called to testify as an expert. Defendant reserves the right to call any of the expert witnesses identified by any other party to this lawsuit, including but not limited to Plaintiffs health care providers and their custodians of records.
RULE 194.2(gV.
Any discoverable indemnity and insuring agreements.
RESPONSE: At this stage of the case and discovery, Defendant's inquiries into such agreements are ongoing. Defendant may have agreements with some or all of the Plaintiffs employers which include indemnity provisions and/or provisions requiring Plaintiffs employers to name one or both Defendants as "named insured" under existing general liability policies.
RULE 194.2AD:
Any discoverable settlement agreements.
RESPONSE: At this stage of the case and discovery, Defendant is not aware of any discoverable settlement agreements.
RULE 194.2(B:
Any discoverable witness statements.
RESPONSE: None other than any deposition testimony that has been or may be given in this cause of action.
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RULE 194.2(H:
In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted, or in lieu thereof, an authorization permitting the disclosure of such medical records and bills.
RESPONSE: Defendant is not alleging physical or mental injury.
RULE 194.2(kl:
In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party.
RESPONSE: At this stage of the case and discovery, none.
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