Document nmGw4My9LVGXy1XZZ5j12756R

Cau<`: No.00-CV.248 Raymond Pace, et al. vs. GAF Corporation (f/k/a NEWCO Holdings, Inc.): individually and as successor to GAF Corporation (f/k/a General aniline & Film Company), and the Ruberoid Company, et al. County Court at Law 'BFr OF DEFENDANT E. I. DUPOIT DE NEMOURS a.:- > COMPANY DESIGNATION OF EXPERT WITNESSES TO: Plaintiffs Raymond Pace and John Andrew Wooten, Jr., by and through their attorney, Stephanie Finch, Baron & Budd, P.C. 3102 Oak Lawn. Suite 1100, Dallas, Texas 75219 Pursuant to this Court's May 31, 2001 Scheduling Order, E. I. du Pont de Nemours and Company ("DuPont") hereby designates the following expert. DuPont expressly reserves the right to amend and supplement these expert designations. 1. Morton Corn, Ph.D. Department of Environmental Health SHenetx The Johns Hopkins University 615 North. Wolfe Street, Room 6010 Baltimore, Maryland 212H (410) 955-3602 (410) 955-9334 facsimile Dr. Morton Com is a professor emeritus with the Johns Hopkins University's Department of Environmental Health Sciences in Baltimore. He is currently Director, National Institute of Occupational Safety and Health (NIOSH) Educational Resource Center in Occupational Safety' and Health for Training Physicians. Nurses, Hygienists and Safety Professionals, and Director, Division of Environmental Health Engineering. Dr. Corn is an industrial hygienist with long-standing ev.pener-.ee in addressing asbestosrelated issues from the perspective of an industrial hygienir and y- v - :j. -cgularor. He received his Ph.D. degree in Industrial Hygiene and Sanitary Engineering Lorn Harvard University's Division of Engineering and Applied Physics in 1961. He served as Assistant Secretary of Labor for the Defendant.. I. du Pont de Nemours and Company's Designation ofExpert Witnesses (Pace) - Page I Occupational Safety and Health Administatioo /'OhE-T.-.") i < Administration. ' 197? -ring the Ford Dr. Com may testify concerning the following subjects: (a) the uses and characteristics of asbestos and asbestos-containing products; (b) the development of industrial hygiene and occupational safety and health in the United States; (c) the evolution of knowledge in the industrial hygiene community concerning the potential health hazards associated with exposure to dust and asbestos; (d) the characteristics of asbestos dust and fibers and measurements of airborne concentrations of asbestos dust and fibers: (e) standards, guidelir c,, v i.. ednres and practices relating to the control ofpotential exposure to dust and asbestos dv * ,Tce- . mcj associated exposures for non-asbestos workers and the general pr bl - > < trial! dene practices and procedures; and (h) DuPont's practices, prograi... a* ;e i e..,i and safety of its employees. Dr. Com is expected to address these &ubj c . ntext. r.d also as they relate to DuPont. Dr. Com is expected to discuss the ; . u . egations by plaintiffs regarding conditions, procedures, and practices a* DuPont. Dr Comx vxtnxony is based upon (1) his extensive experience and training in the fields of iridii.--.-ral *r> gicsv xv.i occupat:v;al health and safety, (2) knowledge of relevant literature, (3) review of documarils, discovery, and testimony regarding plaintiffs' allegations, (4) review of relevant DuPont documents; and (5) review of the record in this case. 2. Richard J. Lee, Ph.D. RJ Lee Group 350 Hochberg Road Monroeville, Pennsylvania 15146 (724)325-1776 Dr. Richard J. Lee is President of the RJ Lee G;. , . .inn firm and analytic laboratoryin Pittsburgh. Prior to his affiliation with the ?... 0,, -x. was bead of the U.S. Steel Technical Center's Electron Microscopy and Surfat. ... s., e, a ... for U. years. He is a theoretical physicist by training, and received his Ph.D. degree -b. ~ C Toradr- $t<te bdiversity. Dr. Lee was a member of the Health Effects Institute's Literature Review Panel c*rt Asbestos in Buildings, commissioned by Congress. He has also peilomied work for the E?A and served on various EPA panels and committees regarding asbestos issues. He has also performed investigations of naturally occurring asbestos and other minerals and methods for detection and identification of such minerals. This has included analysis of bulk, air, water, soil and dust samples. The subject matters on which Dr. Lee may testify include: (a) the history' of the guidelines and standards governing exposure to asbestos; (b) the development of scientific knowledge regarding the measurement of asbestos in the air; (c) the aerodynamics of fibers; (dj exposure levels of various activities in the workplace and in public, commercial and v "---te r- : i: e. .-:es including relevant DuPont facilities: (e) analysis and production of bodies o:f .m ; for the ; nviromnental Protection Agency and other governmental and private entities nxarc b orally occurring forms of asbestos in the environment; (f) the release of ashes . thing; a.nc he results of experiments conducted by himself and others. Defendant E. I. du Pont de Nemours and Company's Designation ofExpert Witnesses (Pace) Dr. Lee is expected to testify based on (I) lrl- extensive isnce and training, (2) knowledge of relevant literatus ex' data, (?> review of dor, ! discovery, and testimony regarding the plaintiffs' allegations, and (4) review of relevant DuPont documents. 3. Dr. Bruce W. Karrh 7 Blackhawk Trail Savannah, Georgia 31411 (912) 598-8992 Dr. Bruce W. Karrh was the Vice President for Integra ^ for DuPont from 1993 until 1996 when he retired. Dr. Karrh received a Bachelc r Dhe.aistry from the University of Alabama at Tuscaloosa in 1958 and a Met , Medical College of Alabama in Birmingham in 1962. He entered the United dot x a .; performed a rotating internship in 1963 at Brooke General Hospital, Fort Saw Housto ,i, rexas. rrom lcx3 to 1965, Dr. Karrh was a flight surgeon in the U.S. Army medical corps, and from 19x 5 ro 1970, he was in private practice in Athens, Alabama. In 1970, Dr. Karrh became the Meoxd Supervisor for DuPont's Spruance Plant where he remained until 1973. At that time he became the Resear ch Manager of the Environmental Sciences Group at Haskell Laboratory until 1974. DuPont then appointed Dr. Karrh Assistant Medical Director and then Medical Director in 1977. In 1983, Dr. Karrh was named General Director, Medical. Safety' and Fire Protection for DuPont. He was then named Vice President for Safety'. Health and Environmental Affairs in 1984 - a position he held until 1993. Dr. Karrh was a long-standing DuPont employee experienced in addressing health and safety- related topics and issues at DuPont. As part of his duties at DuPont, Dr. Karrh gained knowledge, both historical and current, regarding DuPont's history of and ,.. ;.. ding safety throughout the company. In the course of his duties, Dr. Karrh became A. . ' : 5 story of and practices regarding DuPont's approach to workers' safety' and hea.i. i : v- .. exposure to dust and asbestos dust. Much of Dr. Karrh's testimony will be fact -esv-x.- . . however, he may express opinions in some areas that may be considered expert opinions Gut of an abundance of caution, DuPont is designating Dr. Karrh as an expert because he may be asked to provide such opinions. Dr. Karrh may testify concerning the following subjects; (a) DuPont's history of providing for health and safety of its employees; (b) policies, procedures and programs for the health and safety of workers including those addressing dust and asbestos dust; (c) medical screening, monitoring and surveillance of DuPont employees; and (d) evolution and understanding of potential health hazards posed by exposures of workers to dust and asbestos dust. Additional Expert Designations Plaintiffs have not provided adequate information a it t! ai.eged diseases, current medical conditions and testifying experts to allow DuPont iu den. *n, w which addiional experts it may need in this case. Plaintiffs served Answers to Interrogatory Nos. 15, 24 and 25 to Master Discovery Requests on July 23, 2001, listing 69 goxrx witness^.. otwver, plaintiffs have not Defendant E. I. du Pont de Nemours arid Company 's Designation ofExpert Witnesses (Pace) - Page 3 provided reports from their experts regarding wha* opirf'cr,?. 1;. ' -'ssert with respect to DuPont or plaintiffs' claims against DuPont. As recognized by ih& Texu- Rules on discovery and expert designations. DuPont is not in a position to make more extensive expert designations under these circumstances. To require a party to retain and designate experts without the benefit of this essential information puts the party to an undue burden and unnecessary expense. DuPont will amend or supplement this designation, if necessary, after adequate information is provided with respect to plaintiffs' testifying experts. 4. It is anticipated that a radiologist with specialized training and experience in "B" Readings will be necessary' to review, interpret and render opinions regai ng x-rays of plaintiffs. This expert is expected to testify' generally about presentations seen on x . ays and to explain the presentation that is seen. It is also anticipated that this expert would testify' specifically about the findings seen on plaintiffs' x-ray films and is anticipated tr> render an opinion regarding the absence or presence of the findings of any asbestos-related condition of the iung. 5. It is further anticipated that another pulmonologist vifi be designated to discuss the physical condition of the individual plaintiffs and also to discuss jJaintilfs' medical records. This expert is also expected to discuss the anatomy and function of the respiratory system in the human body. This expert is expected to discuss the nature ofasbestos, the symptomatology, disease process and diagnosis of asbestosis, as well as cancers associated with the respiratory and related systems. It is also anticipated that this expert will testify' regarding the methods of diagnosis of alleged asbestos- related diseases as compared to other non-asbestos related diseases. It is anticipated that this expert will also discuss historical and/or medical literature pertaining to asbestos-related conditions and other diseases of the respiratory and related systems. 6. To the extent any experts designated by other parties are allowed to testify at the trial in this matter, DuPont hereby cross-designates all experts listed by all parties. Defendant E. /. du Pont de Nemours and Company's Designation ofExpert Witnesses (Pace) - Page 4 Respectfully submitted, Larry E. Cotten State Bar Nd. 048 >1600 Dennis M. Conrad State Bar No. 04706400 S. Jan Hueber State Bar No. 20331150 Kirkley Schmidt & Cotten, L.L.P. 2700 City Center II 301 Commerce Street Fort Worth, Texas 76102-4127 (817) 338-4500 (817) 335-4599 Fax Attorneys for Defendant E. I. du Pont de Nemours and Company CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendant E. I. du Pont de Nemours and Company's Designation of Expert Witnesses was served on plaintiffs' counsel by certified mail, return receipt requested, and on all other known counsel by regular mail on this the 2_^ay of September, 2001. Counsel uPont Defendant E. I. du Pont de Nemours and Company's Designation ofExpert Witnesses (Pace) - Page 5