Document n9ELZkGb2gGNOJj87V2vp24oa

CAUSE NO. 99-08033-B MALCOLM LEE MURPHY, JR. AND ANNETTE HARBERT MURPHY; Plaintiffs, V. OWENS CORNING (a/k/a OWENS CORNING CORP), et aL; Defendants, IN THE COUNTY COURT AT LAW #2 DALLAS COUNTY, TEXAS Defendant Elliott Turbomachinery's Second Supplemental Response To Plaintiff's Requests For Disclosure TO: Plaintiffs by and through their counsel, Ben K. DuBose, Esq., Baron & Budd, P.C., The Centrum, Suite 1100, 3102 Oak Lawn Ave., Dallas, Texas 75219. COMES NOW, ELLIOTT TURBOMACHINERY, a defendant in the above-styled and numbered cause ("Elliott" or "Defendant") and makes and files this, its Second Supplemental Responses to Plaintiffs Requests for Disclosure. Respectfully Submitted, DEHAY & ELLISTON, L.L.P. 901 Main Street 3500 Bank of America Plaza Dallas, Texas 75202-3736 Telephone No.: (214) 210-2400 Telecopier No.: (214) 210^2500 r ' . DAVID W. CROWE / / State Bar No. 05164250 JOHN W. ARNOLD State Bar No. 00795231 ATTORNEYS FOR DEFENDANT ELLIOTT TURBOMACHINERY Defendant Elliott Ti rbomachinery's Second Supplemental Response To Plaintiff's Requests For Disclosure Page 1 Certificate Of Service I HEREBY CERTIFY that a true and correct copy of the above and foregoing Defendant Elliott Turbomachinery's Second Supplemental Responses to Plaintiffs' Requests for Disclosure has been forwarded to counsel of record for Plaintiff by hand delivery and to all other known counsel of record by U.S. Mail, postage prepaid, on this the-i^L day of March, 2001. David W. Crowe '(] /v / Defendant Elliott Turbomachinery's Second Supplemental Response To Pl untiff's Requests For Disclosire Page Second Supplemental Response 194.2(a): the correct names of the parties to the lawsuit. Second Supplemental Response: To Elliott's knowledge, Plaintiffs' most recent live pleading correctly names the parties to this lawsuit. 194.2(b): the name, address and telephone number of any potential parties. Second Supplemental Response: To Elliott's knowledge, there are no potential parties to this lawsuit. 194.2 (c): the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial). - Second Supplemental Response: Elliott, in general, takes the position that Mr. Murphy's alleged exposure to asbestoscontaining components, if any, contained in Elliott's turbomachinery and related products was de minimis and was neither a proximate nor producing cause of Mr. Murphy's alleged mesothelioma. This is especially true given the alleged wide variety and significant volume of asbestos-containing products manufactured by others to which Mr. Murphy was exposed during his working career. This is also true, given the configuration and design of the Elliott turbomachinery and related products around which Mr. Murphy allegedly worked. Many such products would not have contained asbestos at all. Others may have contained very small amounts of asbestos in the form of packing, gaskets and sealants. Those components, however, would have been located inside the machinery, encased in metal, and would not have engendered any significant exposure to asbestos, if any at all, on Mr. Murphy's part. In the alternative, given the time periods during which Mr. Murphy claims exposure to Eliott's products and the state ofthe art during those time periods, the alleged dangers of asbestos specifically its alleged propensity to cause diseases such as mesothelioma -- could not have been known to Elliott such that it had no duty to warn of any such alleged dangers and no duty to except asbestos-containing components, if any, from inclusion in its turbomachinery and related equipment. Moreover, given the state ofthe art during these time periods, there were no safer alternative designs to the asbestos-containing components, if any, utilized in Elliott's turbomachinery and related equipment such that Elliott cannot be liable for negligent design and/or any strict-liability claim for defective design. For additional information regarding Elliott's legal theories, claims and defenses, please refer Defendant Elliott Turbomachinery's Second Supplemental Response To Plaintiff's Requests For Disclosure Pace 3 to Elliott's latest live answer on file in this matter. Also please refer to Elliott's objections and answers to master discovery interrogatories and requests for production, and objections and responses to any outstanding duces tecum document requests. Also please refer to the expert report of Dr. Arthur Langer which has previously been provided to Plaintiffs. 194.2(61: the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case. Second Supplemental Response: Malcolm Lee Murphy, Jr. Annette Murphy William Henry Brandon Murphy Malcolm Lee Murphy, III 1317 S.E. Second Street Moore, Oklahoma 73160 (405) 793-1299 Plaintiffs in this matter. Mr. Ross A. Hackel Elliott Company 901 North Fourth Street Jeannette, Pennsylvania 15644-1473 (724)527-2811 Elliott's corporate representative identified in answer to Interrogatory No. 39. Arthur M. Langer PhD Professor and Director, Enviommental Sciences Laboratory of the Institute of Applied Sciences, Brooklyn College of the City University of New York, Brooklyn, New York 11210 Phone: (718) 951-4242. Elliott's expert witness. Please refer to Elliott's First Supplemental Responses to Requests for Disclosure, as well as its First Supplmental Objections and Responses to Master Interrogatories and Requests for Production, specifically the supplemental answer to Interrogatory No. 60. Elliott's supplemental answer to Interrogatory No. 60 also contains the names and addresses of additional Defendant Elliott Tlrbomachinery's Second Supplemental Response To Plaintiff's Requests For Disclosure Pace 4 potential expert witnesses for Elliott in this matter. To the extent necessary, those names and addresses are incorporated herein by reference as if fully set forth verbatim. Tom Cumming 5500 Northwester Oklahoma City, Oklahoma William E. Ware, Jr. Rockware International Corporation Dr. Horton Hughes, Deceased Records c/o Shawnee Medical Center & Hospital 1102 West MacArthur Shawnee, Oklahoma Dr. Eugene Rice, Deceased Records c/o Shawnee Medical Center & Hospital 1102 West MacArthur Shawnee, Oklahoma Dr. Jerold D. Kethly 1927 North Union Shawnee, Oklahoma 74801 Dr. Robert Zumwalt 198 East Washington Tecumseh, Oklahoma Plaintiffs Treating Physician and Healthcare Providers 10th Street and Eastern Street (clinic closed) Oklahoma City, Oklahoma Dr. James Hanlon, Retired Records c/o John W. McCarter 900 North Porter, Suite 310 Norman, Oklahoma 73071 Plaintiffs Treating Physician and Healthcare Providers Records c/o Mercy Health Center 4300 West Memorial Oklahoma City, Oklahoma Dr. Jeffrey Waltner Defendant Elliott Turbomachinery's Second Supplemental Response To Plaintiff's Requests For Disclosure Page 5 825 East Robinson Norman, Okalhoma Dr. Tom Johnson, Retired Oklahoma City, Oklahoma Dr. Michael Blue 500 East Robinson Norman, Oklahoma 73071 Dr. Edward Glinski 6922 South Western Oklahoma City, Oklahoma 73139 Plaintiffs Treating Physician and Healthcare Providers Baxter County Regional Hospital 624 Hospital Drive Mountain Home, Arkansas 72653 Dr. Robert Lambert 825 East Robinson Norman, Oklahoma Dr. MarvinPeyton 3366 Northwest Expressway, Building D Suite 520 Oklahoma City, Oklahoma 72116 Dr. Kyle W. Toal 3366 Northwest Expressway, Building D Suite 520 Oklahoma City, Oklahoma 72116 Dr. Muhammed Salim 900 North Porter, Suite 207 Norman, Oklahoma 73071 Dr. John W. McCarter 900 North Porter, Suite 310 Norman, Oklahoma 73071 Dr. James Rick McCurdy 500 East Robinson, Suite 2300 Norman, Oklahoma 73071 Defendant Elliott Turbomachinery's Second Supplement \l Response To Plaintiff's Requests For Disclosure Pace 6 Dr. James E. Duncan 1125 Porter, Suite 300 Norman, Oklahoma 73071 Dr. Marial J. Weber 900 North Porter, Suite 109 Norman, Oklahoma 73071 Shawnee/Baxter Hospital Records c/o Shawnee Medical Center & Hospital 1102 West MacArthur Shawnee, Oklahoma A.C.H. Clinic & Hospital (closed) Records c/o Shawnee Medical Center & Hospital 1102 West MacArthur Shawnee, Oklahoma "Old" Mercy Hospital Records c/o Mercy Health Center 4300 West Memorial Oklahoma City, Oklahoma Norman Regional Hospital 901 North Porter Oklahoma City, Oklahoma 73071 Baxter County Regional Hospital 624 Hospital Drive Mountain Home, Arkansas 72653 Defendant Elliott Tl'rbo.machinery's Second Supplemental Response To Plaintiff's Requests For Disclosure Pace 7