Document emRk3QEZNmRn40JQRE0py21wE

PLAINTIFF'S EXHIBIT CEL-492___ NO. 96-04855-A MANUEL RUIZ, ET AL,, Plaintiffs, V. OWENS CORNING FIBERGLAS CORPORATION, ET AL,, Defendants. IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS 28TH JUDICIAL DISTRICT DEFENDANTS CNA HOLDINGS, INC. AND CELANESE LTD.'S DESIGNATION OF EXPERT WITNESSES. FACT WITNESSES. AND TRIAL EXHIBITS I. Designation of Expert Witnesses Defendants CNA Holdings, Inc. (f/k/a HNA Holdings, Inc. f/k/a Hoechst Celanese Corporation) and Celanese Ltd. ("Defendants") serve the following designation of expert witnesses pursuant to the Court's Asbestos Standing Order #1 and as a supplement to Defendants' Response to Plaintiffs' Request for Rule 194 Disclosures subpart (f). 1. J. LeRoy Balzer, Ph.D., 408 Horse Trail Court, Alamo, California 94507; (925) 2740826. Dr. Balzer has a Bachelor of Science degree in Public Health Microbiology and a Master of Science degree in Preventive Medicine/Public Health, which were awarded by the University of California at Los Angeles in 1962 and 1963, respectively. He earned a Doctor of Philosophy degree in Environmental Health Science/Industrial Hygiene from the University of California at Berkeley in 1971. From 1966 to 1971, he was employed by the University of California School of Public Health as a research associate and research fellow. In 1966, he became involved in a coordinated research program of occupational medicine, industrial hygiene and education of insulation contractors. This intense study of the construction industry was sponsored through grants from the United States Public Health Service and involved observing the work environment of individuals working with asbestos-containing insulation and related products. Dr. Balzer worked as a certified industrial hygienist from 1973 until 1987 when he became an Assistant Vice Chancellor at the University of California at San Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 1 62347.1 Francisco. He retired in 1994 and became a full-time consulting industrial hygienist and was appointed an Assistant Clinical Professor, School of Medicine, University of California Health Sciences. He is a member of the ACGIH (affiliate), AIHA and other professional organizations reflected on Dr. Balzer's curriculum vitae which was produced to Baron & Budd in connection with the May and Dolezal cases. Dr. Balzer may testify at trial of this case live or by deposition. Dr. Balzer has other personal knowledge of relevant facts based on his field work involving the use of asbestos-containing products and the surrounding occupational environment, but he also possesses general expertise in his field based upon specialized knowledge, skills and training. Dr. Balzer may offer opinions in this case about the general nature of the working environment in industrial locations such as where plaintiff worked, to include testimony regarding the composition and asbestos content, if any, of products used in such environments and the ability of such products to release asbestos fiber under certain conditions. Dr. Balzer may provide testimony on the availability of materials as substitutes for asbestoscontaining products. Dr. Balzer will testify regarding an individual's exposure to asbestos from different media, to include circumstances and occupational settings that may result in direct exposure from persons having contact with asbestoscontaining products or equipment, circumstances that may result in lower indirect or bystander exposures for others in the working environment. His testimony will be based, in part, on the results of testing which he has performed or reviewed for products which are the same or substantially similar to those which are anticipated to be discussed in this case. Dr. Balzer will also testify about industrial hygiene principles and methodologies used to determine potential hazards related to asbestos exposure, and how those principles and methodologies have changed over time. Additionally, Dr. Balzer, based on personal knowledge and a review of medical, scientific and/or technical literature, will provide historical state-of-the-art testimony on the gradual development of knowledge within industry and within the field of industrial hygiene about asbestos exposure levels and suitable control measures. Dr. Balzer will address the evolution of workplace practices available to control exposures to include historical development of the use of respiratory protection in association with the handling of asbestos-containing products. Finally, Dr. Balzer will testify regarding the development over time of governmental standards and regulations pertaining to asbestos, to include the historical evolution of threshold limit values and permissible exposure levels to asbestos developed by professional organizations and government agencies. 2. Lawrence R. Birkner, CIH, CSP, McIntyre, Birkner & Associates, Inc., 2026 El Monte Drive, Thousand Oaks, California 91362-1822; (805) 494-8173. Mr. Birkner is a certified industrial hygienist and certified safety professional. He received a Bachelor of Science degree from Portland State University in 1973 and a Masters Degree in Occupational Safety and Health at New York University in Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 2 62347.1 1975. Between 1974 - 1976, Mr. Birkner worked closely with Dr. Irvin Selikoff and others at Mount Sinai while employed as a safety and health research specialist at Environmental Sciences Laboratory in New York. From 1976 through 1996, Mr. Birkner worked extensively as a practicing industrial hygienist in American industry; in the course of that employment, Mr. Birkner worked as a corporate industrial hygienist for Celanese Corporation between 1977 - 1981. Mr. Birkner is a fellow of the AIHA and a member of the other professional industrial hygiene organizations reflected on Mr. Birkner's curriculum vitae which was produced to Baron & Budd in connection with the May and Dolezal cases. Mr. Birkner will provide testimony regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger diseases associated with dust exposure, good housekeeping measures, and other related matters. He is prepared to testify about respirator history, what constitutes good hygiene practice, and the periods of time from an industrial hygiene standpoint when people and companies became aware of associated health risks. Mr. Birkner may give testimony regarding the level of fiber release, if any, from asbestos-containing products in the occupational setting and may testify regarding the availability of materials as substitutes for asbestos-containing products. He may testify as to issues involving re-entrainment and fiber drift. Mr. Birkner may also testify regarding work practices applicable to various types of occupations using products that contain asbestos, and he will provide a retrospective assessment or estimate of plaintiffs likely exposure to asbestos in a Celanese work environment based on historical literature and the facts available in this case. Mr. Birkner has personal knowledge of relevant facts, but he also possesses generalized expertise in his field based on his specialized knowledge, skills and training. He may provide testimony regarding the applicability of the ACGIH, OSHA and EPA guidelines as they relate to occupational exposures to various types of asbestos-containing products. Mr. Birkner may testify regarding the size, construction, layout and working environment of facilities such as where plaintiff worked. He may testify about the nature of the working environment in such locations. He may testify about his knowledge of the composition and asbestos content, if any, of products present in the plaintiffs workplace and may testify concerning the ability of such products to emit asbestos fibers under certain conditions. Mr. Birkner may testify to the dust levels produced by particular occupational operations and products, to include those associated with the use of pipe and block insulation. Mr. Birkner may testify about the development of literature and information about asbestos-related diseases as they relate to the gradual development of knowledge within industry and within the field of industrial hygiene about asbestos exposure and appropriate control measures. He will address the evolution of workplace practices available to control exposures, to include the historical development of the use of respiratory protection in association with the handling of asbestos-containing products. Mr. Birkner will testify regarding the development over time of Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 3 62347.1 governmental standards and regulations pertaining to asbestos, to include the historical evolution of permissible exposure levels to asbestos developed by professional organizations and government agencies. He will discuss his own research into asbestos-related diseases as they relate to industrial hygiene, the carcinogenicity of various fiber types as they relate to industrial hygiene, and the relationship, if any, between asbestos and various diseases. Mr. Birkner will provide testimony regarding the epidemiology of asbestos-related diseases, latency, state-of-the-art, and other related matters as they impact industrial hygiene. Based on the evidence developed in this case, Mr. Birkner will testify that the plaintiff at issue had little or no opportunity for any harmful exposure to asbestos while working at the facility in question because of the nature of plaintiffs occupation and particular working environment. He may also testify as to any matter raised by experts called by plaintiff or any co-defendants in this action. 3. James D. Crapo, M.D., National Jewish Medical and Research Center, 1400 Jackson Street, Denver, Colorado 80206; (303) 398-1436. Dr. Crapo received a Bachelor of Science degree from Brigham Young University in 1967 and his medical degree from the University of Rochester New York in 1971. He taught medicine for many years at Duke University in Durham, North Carolina. Dr. Crapo is board certified in internal medicine with a subspecialty certification in pulmonary disease. He presently practices medicine at the National Jewish Medical Center in Denver, Colorado and teaches today at the University of Colorado Health Science Center. Dr. Crapo is a fellow of the American Thoracic Society, the American College of Chest Physicians and other professional organizations reflected on Dr. Crapo's curriculum vitae which was produced to Baron & Budd in connection with the May and Dolezal cases. Dr. Crapo may testify live or by deposition at trial in this matter. Dr. Crapo is expected to testify about the pulmonary aspects of asbestos exposure, including matters such as dose response, pathogenicity, carcinogenicity and the potential for asbestos-related disease as a result of exposure to the different types of fiber. Dr. Crapo is also expected to testify as to general medical issues and physiology. Dr. Crapo's testimony is based in part on the personal knowledge of relevant facts, but he also possesses general expertise is his field based upon specialized knowledge, skills and training. Dr. Crapo is expected to testify about alleged occupational exposure - as described by plaintiff and plaintiffs witnesses - and whether such exposure occurred for a sufficient period of time and in a sufficient dose to be of medical consequence, and whether such exposure could be considered a substantial contributing factor to plaintiffs alleged disease. In connection with this, based on his own experience and a review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, Dr. Crapo will provide historical state-of-the-art testimony on the gradual development of knowledge within the medical profession of the asbestos- Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 4 62347.1 related illnesses. Dr. Crapo may provide testimony regarding the reasonableness of Celanese's usage and control of asbestos at its premises from a medical standpoint based on the developing state of medical knowledge concerning asbestos over time. Dr. Crapo is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Crapo is expected to testify as to the information necessary to determine whether a group of people or persons are at risk for contracting an asbestos-related disease and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Crapo is expected to discuss epidemiological analysis of asbestos-related disease in the context of given levels of exposure, and to discuss how such analysis may be applied to the evidence regarding the plaintiff in this case. Finally, Dr. Crapo may testify regarding plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases of the pulmonary system. Dr. Crapo may also testify regarding the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Crapo may also testify about any matter raised by experts called by plaintiff or any co defendant, to include but not limited to plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. 4. Dorsett D. Smith, M.D., 4310 Colby Avenue, Suite 201, Everett, Washington 98203; (425)259-5171. Dr. Smith received his Bachelor of Arts degree from Colgate University in 1959 and his medical degree from the University of Pennsylvania Medical School in 1963. Dr. Smith is board certified in internal medicine with a subspecialty certification in pulmonary disease. Dr. Smith has taught medicine at Johns Hopkins Hospital and the University of Washington Hospital for many years through the present. Dr. Smith is a NIOSH certified "B" reader and is fellow of the American Thoracic Society, the American College of Chest Physicians, the American College of Occupational and Environmental Medicine and other professional organizations reflected on Dr. Smith's curriculum vitae which was produced to Baron & Budd in connection with the May and Dolezal cases . Dr. Smith will testify about the pathology of asbestos-related diseases, his research into asbestos-related diseases, the carcinogenicity of various asbestos fiber types, the potential for asbestos-related disease as a result of exposures to the different types of fibers and the relationship, if any, between asbestos and various illnesses. Dr. Smith will also testify regarding the general pulmonary aspects of asbestos exposure, including matters such asndose response, latency and the required fiber Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 5 62347.1 burden associated with asbestos-related illnesses. Dr. Smith is expected to testify about alleged occupational exposure - as described by plaintiff and plaintiffs witnesses - and whether, based on his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, whether any exposure at a facility owned or operated by Celanese could be considered a substantial contributing factor to plaintiffs alleged disease. Dr. Smith has personal knowledge of certain relevant facts but also possesses general expertise in his field based upon specialized knowledge, skills and training. Based upon his own experience and his review of the medical, scientific and/or technical literature and the opinions and conclusions contained in that literature, Dr. Smith will provide historical state-of-the-art testimony on the gradual development of knowledge within the medical profession about the various diseases associated with asbestos and about the asbestos exposure levels thought to be associated with each disease. Dr. Smith will testify regarding the reasonableness of Celanese's historical usage and control of asbestos in its workplace from a medical standpoint based on the information available in the general medical literature and on the types of preventative measures considered by the general medical community as appropriate in the different decades from 1900 through the present. Dr. Smith is expected to testify about the principles of epidemiology and what is involved in an epidemiologic study. He is expected to testify that studies of particular groups or occupations of people are not necessarily applicable to other groups or occupations. Dr. Smith is expected to testify as to the information necessary to determine whether a group of people are at risk of contracting a particular asbestos-related disease, and whether it is scientifically possible to attribute a disease to a particular exposure. Dr. Smith is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the evidence in this case and to the plaintiff. Dr. Smith may testify regarding plaintiffs medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Smith is also expected to testify about any matter raised by experts called by plaintiff or any co-defendant, including but not limited to plaintiffs medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. 5. Ernest M. Dixon, M.D., Sc.D., 6305 Evermay Drive, McLean, Virginia 22101. Dr. Dixon received his medical degree from the University of Virginia in 1948 and a doctorate in occupational health from the University of Cincinnati in 1957. Dr. Dixon has held various occupational health positions in industry and served as Celanese's corporate medical director from 1966 - 1981. A curriculum vitae is Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 6 62347.1 available upon request. Dr. Dixon may testify at trial in this case live or by deposition. Dr. Dixon's anticipated testimony in this matter is expected to be factual in nature and will address the development of Celanese's occupational health, industrial hygiene and environmental program from their inception through the 1980s. Dr. Dixon will provide testimony regarding the nature and structure of those programs and, from his own experience and observations, the occupational health and safety practices adopted at Celanese's facilities over time. Dr. Dixon will testify that Celanese's plants over time were extremely clean, well maintained and safe premises; that Celanese's occupational health and safety programs were well developed and advanced for their time; that the potential for asbestos exposure at each plant over time was extremely low; and that no worker present at any Celanese plant was considered to be at risk of incurring any asbestos-related illness based on the information reasonably available to the occupational health community during his period of responsibility. Dr. Dixon will also testify that Celanese had no involvement in the operations, safety, and/or occupational health programs of the Pontiac/Champlin facility where plaintiff Ruiz allegedly worked as an independent contractor. Dr. Dixon's testimony will be factual in nature based on personal knowledge in relevant areas. However, Dr. Dixon also possesses general expertise in the fields of medicine and occupational health based on specialized knowledge, skills and training. This disclosure is made in an abundance of caution because certain aspects of Dr. Dixon's anticipated testimony may be said to involve the exercise of professional judgment and/or the expression of professional opinion. 6. Mr. Charles S. Laubly, 2225 North Tucson Boulevard, Tucson, Arizona 85716. Mr. Laubly received a Bachelor of Science degree from Georgia Tech in 1949. Mr. Laubly worked as field industrial hygienist thereafter and was employed as a corporate industrial hygienist by Celanese between 1967 -1979. A curriculum vitae is available upon request. Mr. Laubly may testify at trial in this case live or by deposition. Mr. Laubly's anticipated testimony in this matter is expected to be factual in nature and will address the development of Celanese's industrial hygiene and environmental programs from their inception through the 1980s. Mr. Laubly will provide testimony regarding the nature and structure of those programs and, from his own experience and observations, the industrial hygiene and safety practices adopted at Celanese's facilities over time. Mr. Laubly will testify that Celanese's plants over time were extremely clean, well maintained and safe premises; that Celanese's industrial hygiene and safety programs were well developed and advanced for their times; that the usage of asbestos at Celanese's facilities were relatively minor and that the potential for asbestos exposure at each plant over time was extremely low; and that no worker present at any Celanese plant was Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 7 62347.1 considered to be at risk of incurring any asbestos-related illness based on the information reasonably available to the occupational health community during his period of responsibility. Mr. Laubly will also testify that Celanese had no involvement in the operations, safety, and/or occupational health programs of the Pontiac/Champlin facility where Plaintiff Ruiz allegedly worked as an independent contractor. Mr. Laubly's testimony will be factual in nature based on personal knowledge in relevant areas. However, Mr. Laubly also possesses general expertise in the field of industrial hygiene based on education, training and experience. This disclosure is made in an abundance of caution because certain aspects of Mr. Laubly's anticipated testimony may be said to involve the exercise of professional judgment and/or the expression of professional opinion. 7. John R. Holcomb, M.D. 4410 Medical Drive, San Antonio, Texas 78229-0373; 210692-9400 Dr. Holcomb will testify concerning examination and diagnosis of the physical condition of the plaintiff and/or his medical records. He may testify concerning the overall condition and the relationship of plaintiffs condition, if any, to plaintiffs exposure to asbestos. He may also testify concerning (a) anatomy and function of the respiratory and circulatory systems; (b) nature of asbestos; (c) the symptomatology, disease process and diagnosis of asbestosis and cancer associated with respiratory system, peritoneum, and peritoneal cavity; (d)the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; (e) the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system; (f) methods of diagnosis of various diseases, particularly the means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; (g) incidence of lung cancer among individuals with asbestosis compared with non-asbestotic asbestos workers and with the general population; (h) cigarette smoking and its effects on the lung; (i) the relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; (j) difference between impairment and disability; (k) effect of asbestosis on disability and life expectancy; (I) the lack of a relationship between the presence of pleural plaques and a later development of any form of cancer; and (m) historical and/or medical literature. Dr. Holcomb's C.V. was produced to Baron & Budd in connection with the May and Dolezal cases. 8. Patrick McMillan Conoley, M.D., D.A.B.R., M.B.A., 4527 Nenana Drive, Houston, Texas 77035-3627; 713-729-7863 Dr. Conoley will testify concerning examination and diagnosis of the physical condition of the plaintiff and/or his medical records. He may testify concerning the overall condition and the relationship of plaintiff's condition, if any, to plaintiffs Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 8 62347.1 exposure to asbestos. He may also testify concerning (a) anatomy and function of the respiratory and circulatory systems; (b) nature of asbestos; (c) the symptomatology, disease process and diagnosis of asbestosis and cancer associated with respiratory system, peritoneum, and peritoneal cavity; (d) the nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; (e) the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system; (f) methods of diagnosis of various diseases, particularly the means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; (g) incidence of lung cancer among individuals with asbestosis compared with non-asbestotic asbestos workers and with the general population; (h) cigarette smoking and its effects on the lung; (i) the relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; (j) difference between impairment and disability; (k) effect of asbestosis on disability and life expectancy; (I) the lack of a relationship between the presence of pleural plaques and a later development of any form of cancer; and (m) historical and/or medical literature. Dr. Conoley's C.V. was produced to Baron & Budd in connection with the May and Dolezal cases. 9. Subject to the right to object to and contest qualifications and admissibility as provided in the Texas Rules of Evidence 702 through 705 and the law of this state, Defendants cross-designate plaintiffs' expert witnesses as follows: a) All experts identified in Plaintiffs' Supplemental Answers to All Defendants' Interrogatories (Wellington Defendants), (The Center for Claims Resolution Defendants) and (Master Discovery Requests)/(Expert and Fact Witnesses) filed on January 5, 2000, in re: All Asbestos-Related Personal Injury Or Death Cases. Filed Bv Baron & Budd. P.C. Or To Be Filed Bv Baron & Budd. P.C. In Nueces County, Texas (28th Judicial District) and in Plaintiffs' Rule 194 Disclosures. (For a listing, please see Defendants' Persons with Knowledge Lists, attached hereto and incorporated herein as Exhibit A) b) Paul H. Harford, M.D. Pulmonary & Critical Care Consultants of Austin, LLP 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)459-6599 Plaintiffs' diagnosing physician Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 9 62347.1 c) Dr. Frank Mazza Pulmonary & Critical Care Consultants of Austin, LLP 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)459-6599 10. Subject to the right to object to and contest qualifications and admissibility as provided in the Texas Rules of Evidence 702 through 705 and the law of this state, Defendants designate the following treating physicians of plaintiff: a) Dr. Frank G. Mazza Pulmonary & Critical Care Consultants of Austin, LLP 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 b) Dr. Paul H. Harford Pulmonary & Critical Care Consultants of Austin, LLP 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)459-6599 The above-listed treating physicians are anticipated to testify regarding plaintiffs medical history, treatment, diagnosis and prognosis based upon their treatment of him, and they may testify live at trial or by deposition. 11. Defendants further cross-designate any and all experts designated by other defendants in this action. Defendants reserve the right to amend or supplement this disclosure pursuant to Rule 193.5 of the Texas Rules of Civil Procedure. Defendants further specifically reserve the right to amend or supplement this disclosure with additional information, designations, IME reports, and/or medical records review reports after Plaintiff Ruiz' defense IME has been completed. Defendants further reserve the right to call undesignated expert witnesses in rebuttal, whose identities and testimony cannot reasonably be foreseen until Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 10 62347.1 plaintiffs named experts provide written reports in this case and/or have presented testimony and evidence at trial. II. Designation of Fact Witnesses Pursuant to the Court's Asbestos Standing Order #1 and as a supplement to Defendants' Response to Plaintiffs' Request for Disclosure part 194(e), Defendants provide the following supplemental information in relation to plaintiff Ruiz. a) Please see attached Exhibit A, which is a listing of persons who may have knowledge of relevant facts pertaining to plaintiff Ruiz and who may be called to testify at trial. b) In addition to those listed on Exhibit A, Defendants further designate all fact witnesses identified by all other parties to this action and reserve the right to call and/or examine any such witness at time of trial. III. Designation of Trial Exhibits Pursuant to the Court's Asbestos Standing Order #1, Defendants provide the following attached Trial Exhibit List, Exhibit B. To the extent possible, the attached Exhibit List includes anticipated rebuttal exhibits. Defendants, however, reserve the right to supplement and/or amend this Exhibit List with additional exhibits that are necessary for unanticipated rebuttal and/or impeachment purposes. Defendants reserve the right to use at time of trial any and all exhibits designated and/or introduced by any other party to this action. Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 11 62347.1 Respectfully submitted KASOWITZ, BENSON, TORRES & FRIEDMAN LLP OF COUNSEL: Marc E. Kasowitz Hector Torres KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 1301 Avenue of the Americas New York, New York 10019 (212) 506-1700 (212) 506-1800 (Facsimile) Angela R. Hoyt State Bar No. 00796783 700 Louisiana Street, Suite 2200 Houston, Texas 77002-2730 (713) 220-8800 (713)222-0843 (Facsimile) HAWKINS & PARNELL, LLP Michael E. Hutchins 4000 SunTrust Plaza 303 Peachtree Street, N.E. Atlanta, Georgia 30308 (404) 614-7400 (404) 614-7500 (Facsimile) ATTORNEYS FOR DEFENDANTS CNA HOLDINGS, INC. AND CELANESE LTD. Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 12 62347.1 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been served via facsimile and/or hand delivery and/or by United States mail, postage prepaid, to all counsel of record on this \7^ day of May, 2000. xXca. Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 13 62347.1 EXHIBIT A RUIZ et al. v. Owens-Corning Fiberglas Corp., et a!., In the 28th Judicial District of Nueces County, Texas; Cause No. 96-04855-A PERSONS WITH KNOWLEDGE Rene Rolando Ruiz PLAINTIFF AND PLAINTIFF'S RELATIVES: Rene Rolando Ruiz 640 East Avenue H Robstown, Texas 78380 (512)387-6304 Plaintiff Esperanza Ruiz 640 East Avenue H Robstown, Texas 78380 (512) 387-6304 Plaintiffs spouse Esther De Los Santos 640 East Avenue H Robstown, Texas 78380 Plaintiffs daughter Telephone number unknown Esmeralda Suarez 511 East Avenue G Robstown, Texas 78380 Plaintiffs daughter Telephone number unknown Manuel Ruiz 109 Rachal Lane Robstown, Texas 78380 (361)767-2206 Plaintiffs brother PLAINTIFF'S CO-WORKERS: Ruben Ruiz (brother) 913 Ohio Street Robstown, Texas 78380 (512)767-7405 Thomas H. Morales 2706 Sabinas Corpus Christi, Texas 78405 (361)888-4106 Roy Garcia 3225 Sarita Street Corpus Christi, Texas 78416 (361)884-9808 Albert R. Valdez 7410 Lugano Corpus Christi, Texas 78413 (361)808-7821 Scott Ruston Telephone number and address unknown Mike Garcia Telephone numberand address unknown Paul Coker Telephone numberand address unknown Rafael Vela Telephone numberand address unknown Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 1 *- 59870.1 Jim Cherry 10833 Timbergrove Lane Corpus Christi, Texas 78410-2513 (361)241-2043 Bob Miller 1626 15th Street Corpus Christi, Texas 78404-3426 (361)883-3137 OR 4917 Chatfield Drive Corpus Christi, Texas 78413-2412 (361)980-8110 Johnny Pope Telephone number and address unknown "Blackie" Telephone number and address unknown "Rooster" Telephone number and address unknown Bob Coy Telephone number and address unknown Danny Casera Telephone number and address unknown Nurse Catherine Telephone number and address unknown Larry C. Kirk Telephone number and address unknown Ed Aleman 4318 Honduras Drive Corpus Christi, Texas 78411-5007 (361)853-0037 OR 122 Bridge Street Cuero, Texas 77954-4504 (361)275-6479 C. W. King Telephone number and address unknown Anderson "A.C." King Big Sandy, Texas 75755 (903)734-5165 Scott Storey Telephone number and address unknown Ramiro Garcia Telephone number and address unknown Frank Martinez Telephone number and address unknown PLAINTIFF'S MEDICAL PROVIDERS: Dr. Frank G. Mazza Pulmonary & Critical Care Consultants of Austin, LLP and/or Custodian of Records and/or Designated Representatives 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits ~ Page 2 * 59870.1 Dr. Paul H. Harford Pulmonary & Critical Care Consultants of Austin, LLP and/or Custodian of Records and/or Designated Representatives 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)459-6599 Spohn Hospital and/or Custodian of Records and/or Designated Representatives 600 Elizabeth Street Corpus Christi, Texas (361)881-3000 PLAINTIFF'S FORMER EMPLOYERS: John N. Hunt and/or Custodian of Records and/or Designated Representatives Star Route Palcious, Texas 77465 Telephone number unknown Alford Refrigerated Warehouses of Corpus Christi, Inc. and/or Custodian of Records and/or Designated Representatives 260 McBride Corpus Christi, Texas 78403 Telephone number unknown C H & B E Bigler Bigler & Bigler and/or Custodian of Records and/or Designated Representatives Box 3173 330 Westchester Dr. Corpus Christi, Texas 78404 Telephone number unknown Braselton Construction Company and/or Custodian of Records and/or Designated Representatives 1524 N. Port Avenue Corpus Christi, Texas 78401-1788 (361)882-1788 J.M. Counts Counts Concrete Company and/or Custodian of Records and/or Designated Representatives Box 5404 Corpus Christi, Texas 78400 Telephone number unknown J.L. Harrison Const. Co., Inc. and/or Custodian of Records and/or Designated Representatives Box 6098 Corpus Christi, Texas 78411 Telephone number unknown Gerald Degough G & G Construction and/or Custodian of Records and/or Designated Representatives 4634 Dody Corpus Christi, Texas 78411 Telephone number unknown Mercury Construction Co., Inc. and/or Custodian of Records and/or Designated Representatives P.O. Box 47 Corpus Christi, Texas 78403 Telephone number unknown Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 3 - 59870.1 Bur Tex Constructors, Inc. and/or Custodian of Records and/or Designated Representatives 7501 Up River Rd. P.O. Box 4765 Corpus Christi, Texas 78469 Telephone number unknown W.W. Dominy Service Industries and/or Custodian of Records and/or Designated Representatives 5604 Old Brownsville Rd. Corpus Christi, Texas 78417-0975 (361)289-1414 James H. Greer Interests Inc. and/or Custodian of Records and/or Designated Representatives P.O. Box 7327 Houston, Texas 77248 Telephone number unknown Horace V. Wells CESCO Company and/or Custodian of Records and/or Designated Representatives 2524 Holly Rd. Corpus Christi, Texas 78415 Telephone number unknown Richard Hayley Properties and/or Custodian of Records and/or Designated Representatives P.O. Box 10007 Corpus Christi, Texas 78410 Telephone number unknown Fairbairn Electric, Inc. and/or Custodian of Records and/or Designated Representatives 1821 N. Port Avenue Corpus Christi, Texas 78401-0120 (361)883-1501 Adolfo Ramirez Ramirez Construction and/or Custodian of Records and/or Designated Representatives P.O. Box 7238 Corpus Christi, Texas 78415 Telephone number unknown Refinery Maintenance, Inc. and/or Custodian of Records and/or Designated Representatives 3504 Lawrence Dr. P.O. Box 3611 Corpus Christi, Texas 78404 Telephone number unknown Refinery Maintenance, Inc. % Tom W. White CPA and/or Custodian of Records and/or Designated Representatives 600 Bldg. Corpus Christi, Texas 78401 Telephone number unknown Goldston Company, Inc. and/or Custodian of Records and/or Designated Representatives 210 S. Caranahua St. Corpus Christi, Texas 78401-0304 (361)888-8100 Ruiz- Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits ~ Page 4 =- 59870.1 Raymond M. Weichert Maurice Insulation & Supply Co. and/or Custodian of Records and/or Designated Representatives P.O. Box 9489 Corpus Christi, Texas 78408 Telephone number unknown Edwin Singer and/or Custodian of Records and/or Designated Representatives Box 29 Corpus Christi, Texas 78403 Telephone number unknown Mundy Industrial Maintenance, Inc. and/or Custodian of Records and/or Designated Representatives P.O. Box 721601 Houston, Texas 77272 Telephone number unknown OR Mundy Companies and/or Custodian of Records and/or Designated Representatives 1150 Wilcrest Drive Houston, Texas 77099-3434 (281)530-8711 Moore Burger Enterprises, Inc. and/or Custodian of Records and/or Designated Representatives P.O. Box 4401 Austin, Texas 78700 Telephone number unknown Waychoff & Waychoff Waychoff Brothers Contractors and/or Custodian of Records and/or Designated Representatives Box 4110 Corpus Christi, Texas 78408 Telephone number unknown OR Waychoff Contruction 4444 Corona Street Corpus Christi, Texas 78411-0432 (361)814-8742 Scott Electric Co. and/or Custodian of Records and/or Designated Representatives 1919 N. Port Avenue Corpus Christi, Texas 78401-0120 (361)884-6325 Harwick Foundations Inc. and/or Custodian of Records and/or Designated Representatives 36018 Wish-I-AH Rd Auderry, CA 93602 Telephone number unknown Bay, Inc. and/or Custodian of Records and/or Designated Representatives 1414 Corn Products Rd. P.O. Box 9908 Corpus Christi, Texas 78469 Telephone number unknown BBI, Inc. and/or Custodian of Records and/or Designated Representatives P.O. Box 9908 Corpus Christi, Texas 78469 Telephone number unknown Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 5 59870.1 1-37 Gulf Limited J.W. Ottinger and/or Custodian of Records and/or Designated Representatives 240 S.W. 12th Ave. Deerfield Beach, FL 33442 Telephone number unknown Basic Industries of Texas Inc. and/or Custodian of Records and/or Designated Representatives 9139 Wallisville Rd. Houston, Texas 77029 (713)671-9036 Professional Constructors Inc. and/or Custodian of Records and/or Designated Representatives 2500 Wilcrest Dr. Ste. 600 Houston, Texas 77042 Telephone number unknown PLAINTIFF'S DESIGNATED EXPERTS: Dr. Richard Cohen and/or Custodian of Records and/or Designated Representatives 19242 Panorama Dr. Saratoga, CA (415) 424-5156 Dr. Barry Castleman and/or Custodian of Records and/or Designated Representatives 1722 Linden Avenue Baltimore, MD 21217 (410) 462-5135 Dr. Joseph K. Wagoner (deceased) Dr. Gerritt Schepers and/or Custodian of Records and/or Designated Representatives 6527 Sunny Hill Court McLean, VA 22101 (703) 790-8616 (Fax) Dr. David Ozonoff and/or Custodian of Records and/or Designated Representatives Boston University School of Public Health Bldg. A-501 80 E. Concorde St. Boston, MA 02118 (617)638-4620 Dr. Thomas Mancuso and/or Custodian of Records and/or Designated Representatives 5127 Elsworth Pittsburgh, PA (412)683-6321 Dr. David Egilman and/or Custodian of Records and/or Designated Representatives South Shore Health Center 759 Granite Street Braintree, MA 02184-5328 (617) 848-1950 Dr. David Lilienfeld and/or Custodian of Records and/or Designated Representatives Box 1057 Mt. Sinai School of Medicine 1 Gustave Levy Place New York, NY 10029-6574 (212)241-4785 Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 6 -- 59870.1 Dr. Robert G. Fraser and/or Custodian of Records and/or Designated Representatives 2766 Summit Circle Birmingham, AL 35216 (205) 979-1123 OR Padanarum Road P.O. Box 558 Bolton Landing, NY 12814 (518) 644-2220 Dr. Arthur N. Rohl and/or Custodian of Records and/or Designated Representatives 10 Stouts Valley Road Easton, PA 18042 (610) 258-5965 James E. Girard, Ph.D. and/or Custodian of Records and/or Designated Representatives 6328 Karmich St. Fairfax Station, VA 22039 (703) 425-4770 John D. McCann and/or Custodian of Records and/or Designated Representatives 195 Bouffard LaSalle, Ontario British Columbia N9J1E9 (519) 734-7889 Roger Shack and/or Custodian of Records and/or Designated Representatives P.O. Box 356 Montevallo, AL 35115 Telephone number unknown Nathan Fochtmann and/or Custodian of Records and/or Designated Representatives Route 6, Box 49 Montevallo, AL 35115 Telephone number unknown Mr. Alan M. Segrave Materials Analytical Services, Inc. and/or Custodian of Records and/or Designated Representatives 3597 Parkway Lane, Ste. 250 Norcross, GA 30092 (404) 448-3200 Dr. Bill Johnson and/or Custodian of Records and/or Designated Representatives 2948 Foxhall Circle Augusta, GA 30907 (706) 863-4270 E. Lynn Schall and/or Custodian of Records and/or Designated Representatives 510 Edgewood Drive Collingswood, NJ 08108 (609) 858-0003 or (609) 967-313 Dr. Gerald E. Markowitz and/or Custodian of Records and/or Designated Representatives 600 West 111th Street New York, NY 10025 (212) 237-8458 Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 7 - 59870.1 Mr. George M. Kraus and/or Custodian of Records and/or Designated Representatives 11 Drake Lane Upper Saddle River, NJ 07458 (201)327-2105 Dr. Christine Oliver and/or Custodian of Records and/or Designated Representatives Pulmonary and Critical Care Unit Massachusetts General Hospital Boston, MA 02114 (617) 726-1721 Dr. Edwin C. Holstein and/or Custodian of Records and/or Designated Representatives Environmental Health Associates, P.A. 20 Park Plaza, Ste. 1028 Boston, MA 02116 (617) 357-4901 Stephen Berger and/or Custodian of Records and/or Designated Representatives 10564 Eastborne Ave. Los Angeles, CA 90024 Telephone number unknown Dr. Gaeton D. Lorino and/or Custodian of Records and/or Designated Representatives 6701 Airport Blvd., Ste. A-101 Mobile, AL 36609 (334) 633-8880 Dr. Steven Levin and/or Custodian of Records and/or Designated Representatives Department of Environmental Medicine Mt. Sinai Medical School One Gustave Levy Place New York, NY (212)241-7810 Dr. Mark Clark and/or Custodian of Records and/or Designated Representatives Pulmonary & Critical Care Consultants 1305 West 34th Street, Ste. 400 Austin, TX 78705 (512) 459-6599 Dr. James Ballard and/or Custodian of Records and/or Designated Representatives Princeton Diagnostic 817 Princeton Avenue Birmingham, AL (205) 783-3700 Dr. Steven Dikman and/or Custodian of Records and/or Designated Representatives One Gustave Place Annenberg Bldg. 15/58 Department of Pathology New York, NY 10029 (212)241-7343 (212) 241-8014 Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 8 - 59870.1 Dr. Eugene Mark and/or Custodian of Records and/or Designated Representatives Massachusetts General Hospital Department of Pathology 32 Fruit Street, Warren II Boston, MA (617) 726-8891 Dr. Martin Lewis and/or Custodian of Records and/or Designated Representatives Palms of Pasadena Hospital 1501 Pasadena Avenue South St. Petersburg, FL (813) 341-7505 Dr. David H. Groth and/or Custodian of Records and/or Designated Representatives 8953-C Harper Points Drive Cincinnati, OH 45249 (513)489-6351 Dr. Jerrold Abraham and/or Custodian of Records and/or Designated Representatives Department of Pathology State University of New York 750 East Adams Street Syracuse, NY 13210 (315) 464-4750 Dr. Sam Hammar and/or Custodian of Records and/or Designated Representatives Diagnostic Specialties Laboratory 700 Lebo Blvd. P.O. Box 2171 Bremerton, WA 98310 (206) 479-7707 Dr. Victor Roggli and/or Custodian of Records and/or Designated Representatives Durkham VA Medical Center Department of Pathology (113) 508 Fulton Street, F3196 Durham, NC 27705 (919) 286-0411 Mr. John D. McAllister, deceased (By deposition) Dr. Kenneth Wallace Smith, deceased (by Deposition) Dr. Richard Gaze, deceased (by Deposition) Dr. Robert W. Johnson and/or Custodian of Records and/or Designated Representatives 4970 El Camino Real, Ste. 250 Los Altos, CA 94022 (415) 494-2413 Maceo Cook and/or Custodian of Records and/or Designated Representatives 1070 Legion Club Road Salisbury, NC 28144 (704) 279-3089 Reverend Louis Turner and/or Custodian of Records and/or Designated Representatives 406 Pine Tree Drive Salisbury, NC 28144 (704) 636-9558 Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 9 59870.1 Charles E. Evans, Jr. and/or Custodian of Records and/or Designated Representatives P.O. Box 568 East Spencer, NC 28039-0568 Telephone number unknown Edward Allebach and/or Custodian of Records and/or Designated Representatives 109 Emerald Avenue Westmont, NJ (609)854-9120 Dr. Eliott Kagan and/or Custodian of Records and/or Designated Representatives Department of Pathology Uniformed Services University of the Health Sciences F. Edward Hebert School of Medicine 4301 Jones Bridge Road Bethesda, MD 20814-4799 (301)295-3492 Scott R. Bickford Martzell & Bickford and/or Custodian of Records and/or Designated Representatives 338 Lafayette Street New Orleans, LA 70130 (504) 581-9065 Willie Fields and/or Custodian of Records and/or Designated Representatives 4239 South Claiborne Street New Orleans, LA 70118 (504) 891-5544 Arnold R. Brody, Ph.D. Tulane University Medical Center School of Medicine Department of Pathology & Laboratory Medicine SL79 and/or Custodian of Records and/or Designated Representatives 1430 Tulane Avenue New Orleans, LA 70112-2699 (504) 588-5224 Thomas Adkins and/or Custodian of Records and/or Designated Representatives 38252 River Drive Lebanon, OR 97355 (503) 258-2147 James Hubbard Senior Materials Scientist Materials Analytical Services and/or Custodian of Records and/or Designated Representatives 3597 Parkway Lane Norcross, GA 30092 (770) 448-3200 Dr. Dominic Gaziano and/or Custodian of Records and/or Designated Representatives Chest Medical Services, Inc. 3100 MacCorkle Avenue, Southeast Suite 404 Charleston, WV 25304 (304)346-1811 Ruiz-Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits ~ Page 10 59870.1 Dr. Brian G. Forrester Director, Occupational Medicine Regional FirstCare and/or Custodian of Records and/or Designated Representatives 485 Highway 29N Athens, Georgia 30601 (706) 353-6000 Dr. Jay Segarra and/or Custodian of Records and/or Designated Representatives 414 Ward Avenue Ocean Springs, Mississippi 39564 (228) 875-2954 Alan Eggleston, Ph.D. Eggleston, Holmes and Associates, Environmental Consultants and/or Custodian of Records and/or Designated Representatives 13625 Pond Springs Boulevard, Suite 206 Austin, Texas 78729 (512) 250-0727 Frank Parker Environmental Technology Incorporated and/or Custodian of Records and/or Designated Representatives 200 Brantley Lane P.O. Box 210 Magnolia, Texas 77353-0210 (281)356-6038 Vernon Rose and/or Custodian of Records and/or Designated Representatives 8046 Oakwod Hollow Houston, Texas 77040 (713)466-6332 Professor Robert Ragazzo University of Houston Law Center and/or Custodian of Records and/or Designated Representatives Houston, Texas 77004 (713) 743-1000 Chris Kelly Glass & Associates and/or Custodian of Records and/or Designated Representatives 5956 Sherry Lane, Suite 2001 Dallas, Texas 75225 (214) 696-4659 Dr. John Dement Duke University Medical School Department of Occupational and Environmental Medicine and/or Custodian of Records and/or Designated Representatives 220 West Main Street #700 Durham, North Carolina 27710 (919)286-3232 Dr. Richard A. Lemen and/or Custodian of Records and/or Designated Representatives 3495 Highgate Hills Drive Duluth, Georgia 30155 (770) 497-0770 William Longo, Ph.D. Materials Analytical Services and/or Custodian of Records and/or Designated Representatives 3597 Parkway Lane Norcross, Georgia 30092 (770) 448-3200 Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 11 - 59870.1 Mr. Richard L. Hatfield Materials Analytical Services and/or Custodian of Records and/or Designated Representatives 3597 Parkway Lane Norcross, Georgia 30092 (770) 448-3200 Dr. Frank Mazza Pulmonary & Critical Care Consultants and/or Custodian of Records and/or Designated Representatives 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)459-6599 Dr. Paul H. Harford Pulmonary & Critical Care Consultants and/or Custodian of Records and/or Designated Representatives 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)453-4071 DEFENDANTS CNA HOLDINGS. INC. AND CELANESE LTD.'S DESIGNATED EXPERTS: J. LeRoy Balzer, Ph.D. 408 Horse Trail Court Alamo, California 94507 (925) 274-0826 Lawrence R. Birkner, CIH, CSP McIntyre, Birner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, California 91362-1822 (805) 494-8173 James D. Crapo, M.D. National Jewish Medical and Research Center 1400 Jackson Street Denver, Colorado 80206 (303) 398-1436 Dorsett D. Smith, M.D. 4310 Colby Avenue, Suite 201 Everett, Washington 98203 (425)259-5171 Ernest M. Dixon, M.D., Sc.D. 6305 Evermay Drive McLean, Virginia 22101 Telephone number unknown Charles S. Laubly 2225 North Tucson Boulevard Tucson, Arizona 85716 Telephone number unknown John R. Holcomb, M.D. 4410 Medical Drive San Antonio, Texas 78229-0373 (210) 692-9400 Patrick McMillan Conoley, M.D., D.A.B.R. M.B.A. 4527 Nenana Drive Houston, Texas 77035-3627 (713)729-7863 DEFENDANTS CNA HOLDINGS. INC. AND CELANESE LTD.'S FACT WITNESSES: Ernest M. Dixon, M.D., Sc.D. 6305 Evermay Drive McLean, Virginia 22010 Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, Inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 12 - 59870.1 Charles S. Laubly 225 North Tucson Boulevard Tucson, Arizona 85716 Cecil Munn 801 Cherry Street Fort Worth, Texas 76102 Dr. Dixon and Mr. Laubly were employed in various capacities by Celanese in the field of industrial medicine, industrial hygiene, or environmental safety and health. Each will provide testimony regarding workplace conditions at Celanese plants, evolving principles and methodologies in their fields and their application to Celanese, and the historical development of information and knowledge on the part of Celanese regarding the particular hazards associated with asbestos exposure. Among the above, Dr. Dixon and Mr. Laubly will provide testimony regarding Celanese's corporate awareness of and approach to asbestos health issues. Mr. Munn was former in-house counsel for Champlin Petroleum Co. Mr. Munn has knowledge regarding Celanese's stock ownership interests in Champlin Petroleum Co. and Pontiac Refining Corp. and Celanese's lack of any other involvement with those companies. Ruiz - Persons with Knowledge - Exhibit A to Defendants CNA Holdings, inc., and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 13 59870.1 EXHIBIT B NO. 96-04855-A MANUEL RUIZ, et al. Plaintiffs, vs. OWENS CORNING (a/k/a OWENS CORNING CORPORATION), et al. Defendants. IN THE DISTRICT COURT NUECES COUNTY, TEXAS 28TH JUDICIAL DISTRICT DEFENDANTS CNA HOLDINGS, INC. AND CELANESE LTD.'S TRIAL EXHIBIT LIST Ex. # Date Description 1. 03/23/00 Medical Records from Pulmonary & Critical Care Consultants of Austin (Drs. Frank Mazza and Paul Harford) 2. 03/23/00 Negative Deposition for Radiology Records from Spohn Shoreline Hospital 3. 03/28/00 Negative Deposition for Personnel and Payroll Records from Braselton Construction Co. 4. 03/21/00 Negative Deposition for Personnel and Payroll Records from Fairbairn Electric, Inc. 5. 03/21/00 Personnel and Payroll Records from Mundy Industrial Maintenance Inc. 6. 01/17/00 Deposition and Exhibits of Rene Rolando Ruiz taken on 1/17/00 7. 00/00/00 Chest x-rays produced by Plaintiff 8. 04/11/97 Plaintiff's Answers to Master Discovery Requests to All Plaintiffs in all Asbestos-Related, Personal Injury and Death Cases Filed in Nueces County and attachments and verification Ruiz - Trial Exhibit List - Exhibit B to Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 1 62356.1 9. 11/10/98 Answers to Defendant Union Pacific Resources Company's First Set of Interrogatories and Request for Production of Documents and verification 10. 01/13/99 Plaintiffs Answers to Defendant Reynold Metals Company's First Set of Interrogatories and Request for Production and verification 11. 03/19/99 12. 04/08/99 13. 06/03/99 Plaintiff's Disclosures Pursuant to TRCP 194 Plaintiff's Supplemental Answers to Master Discovery and attachments and verification Plaintiffs First Amended Disclosures Pursuant to TRCP 194 14. 03/29/00 Plaintiffs Supplemental Answers to All Defendants' Interrogatories (Wellington Defendants), (The Center for Claims Resolution Defendants) and (Master Discovery Requests) / (Expert and Fact Witnesses) and Supplemental Disclosures Pursuant to Texas Rule of Civil Procedure 194 (D), (E), (F) and (H) and verification CELANESE-RELATED AND OTHER EXHIBITS 15. 08/28/69 16. 06/01/67 17. 09/01/64 18. 00/00/00 19. 00/00/00 20. 00/00/00 21. 00/00/00 Agreement between Union Pacific Petroleum Corporation and Celanese Corporation Providing for the Acquisition by Union Pacific Petroleum Corporation of all of the Issued and Outstanding Capital Stock of Champlin Petroleum Company and Pontiac Refining Corp. Contract between First City National Bank of Houston, as Trustee of the Gulf Oil Foundation and Celanese Corporation Plan and Agreement of Merger Between Celanese Corporation of America and Champlin Oil & Refining Co. Curriculum Vitae of Patrick McMillan Conoley, M.D., D.A.B.R., M.B.A. Curriculum Vitae of J. LeRoy Balzer, Ph.D. Curriculum Vitae of James D. Crapo, M.D. Curriculum Vitae of Lawrence R. Birkner, CIH, CSP 22. 00/00/00 23. 00/00/00 Curriculum Vitae of Dorsett D. Smith, M.D., F.A.C.P., F.C.C.P., F.A.C.O.E.M. Curriculum Vitae of John R. Holcomb, M.D. Ruiz - Trial Exhibit List - Exhibit B to Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 2 62356.1 Celanese specifically adopts by reference and reserves the right to use each and every document or exhibit identified by any other party in this case. Celanese also reserves the right to utilize blowups or enlargements of any document or exhibit listed herein, or if any document or exhibit identified by any other party in this case. Celanese also specifically reserves the right to utilize medical/scientific/industrial hygiene articles, text books, reports and letters, all of which are in the public domain, for purposes of expert examination and cross-examination. Ruiz - Trial Exhibit List - Exhibit B to Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses, and Trial Exhibits - Page 3 62356.1 MAY16.C0*- 1 0400 Kasowitz, Benson, Torres & Friedman llp 700 LOUISIANA STREET, SUITE 2200 HOUSTON, TEXAS 77002 1301 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10019-602 2 212-506-1700 713-220-8800 FACSIMILE: 713-222-0843 writer's direct oial number (713) 220-8817 ONE GATEWAY CENTER SUITE 2600 NEWARK, NEW JERSEY 07102 973-645-9A62 May 12, 2000 Via Certified Mail Return Receipt Requested Russell W. Budd Stephanie Finch, Esq. Holly Huart Baron & Budd 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219-4281 RE: Manuel Ruiz, et al. v. Owens Coming Fiberglas Corporation), et ai\ Cause No. 97-03977-F; In the 28th Judicial District Court of Nueces County, Texas Dear Counsel: Enclosed please find the following documents: 1) Defendants CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses and Trial Exhibits; 2) Defendants CNA Holdings, Inc. and Celanese Ltd.'s First Supplemental Rule 194 Disclosures; and 3) Certificate of Discovery. Sincerely, ARH:lle Enclosures Angela K. Hoyt ^ 62674.1 MAY 16.0 G*-1 0401 Kasowitz, Benson, Torres & Friedman llp 700 LOUISIANA STREET, SUITE 2200 HOUSTON,TEXAS 77002 1301 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10019-6022 212-506-1700 713-220-8800 FACSIMILE: 713-222-0843 writer's DIRECT OlAL NUMBER 713-220-8817 ONE CATEWAY CENTER SUITE 2600 NEWARK, NEW JERSEY 07102 973-6-45-9-462 May 12, 2000 Via Certified Mail Return Receipt Requested Mr. Oscar Soliz Nueces County District Clerk Nueces County Courthouse 901 Leopard Street Corpus Christi, Texas 78401 Re: No. 97-03977-F; Manuel Ruiz, et al. v. Owens Corning Fiberglas Corporation), et a/.; In the 28th Judicial District Court of Nueces County, Texas Dear Mr. Soliz: Enclosed for filing in the above-referenced matter are an original and one copy of the following documents: 1) Defendants CNA Holdings, Inc. and Celanese Ltd.'s Motion for Summary Judgment as to Plaintiff Rene R. Ruiz; and 2) Certificate of Discovery regarding CNA Holdings, Inc. and Celanese Ltd.'s Designation of Expert Witnesses, Fact Witnesses and Trial Exhibits, and Supplemental Rule 194 Disclosures. Please acknowledge filing of same by placing your file stamp on the copies provided and returning them to me in the enclosed self-addressed, stamped envelope. Thank you for your assistance. Very truly yours ARH/lle Enclosures cc: Counsel of Record 62627.1 Angela R. Hoyt