Document qmZoQb2k1YNgeBn7VjqkzjOER

NO. 2000-2591 JOSE ROSENDO MARTINEZ, SR AND ELENA LOPEZ MARTINEZ VS. GAF CORPORATION, ET AL. IN THE COUNTY COURT AT LAW NO. 3 EL PASO COUNTY, TEXAS DEFENDANT TEXACO INC.'S 3/5/01 SUPPLEMENTAL RESPONSE TO PLAINTIFFS* REQUEST FOR DISCLOSURE CONCERNING DESIGNATION OF EXPERTS SUBJECT TO MOTION TO.TRANSFER VENUE i TO: Plaintiffs, by and through their attorneys of record, Nicole Brown Kennedy of Baron & Budd, 3102 Oak Lawn Avenue, Dallas, Texas 75219-4281 Pursuant to TEXAS RULES OF CIVIL PROCEDURE Defendant TEXACO INC. (hereinafter "Defendant") serves the following Supplemental Response to Plaintiffs' Requests for 194.2(f). Respectfully submitted, BSRM85288.1 ROBERT E. PURGATORIO TSBNo. 16399600 1200 Smith Street, Suite 400 Houston, Texas 77002 Telephone: (713) 654-1111 Facsimile: (713) 655-9212 Attorneys for Defendant TEXACO INC. -1- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing instrument has been forwarded to counsel for Plaintiffs by certified mail, retumm^eipt requested, and fci^H'offiercfcunsel of record by regular mail on this .5^" day of \ % > , 2C Stephen Rice BSRV485288.1 -2- (j) 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 ofthe expert's mental impressions and opinions and a briefsummary ofthe basis for them, or ifthe expert is not retained by, employed by, or otherwise subject to the control ofthe responding party, documents reflecting such information; (4) ifthe expert is retained by, employed by, or otherwise subject to the control ofthe respondingparty: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by orfor the expert in anticipation ofthe experts testimony; and (B) the expert's current resume and bibliography; RESPONSE: This is a supplement to Exhibit "A" previously provided herein. 31. Ronald Richards 15877 West Laurel Canyon Court Surprise, Arizona 85374 602-546-7811 Mr. Richards is an industrial hygienist who graduated from the University of Pittsburgh Graduate School of Public Health with a Master of Science in industrial hygiene. Mr. Richards began his industrial hygiene career with the State of Pennsylvania, Department of Health in the early 1960s until 1969 when he joined the staff of Texaco Inc. Mr. Richards will testify concerning his experience with the State ofPennsylvania and his evaluation of asbestos exposure in product plants which produced asbestos containing materials. He will testify concerning the judgment among the industrial hygienists during this time period and during his graduate school activities as to the potential hazards ofasbestos during the 1960s, and who was perceived to be at risk regarding potential asbestos disease. He will testify based on his knowledge and experience concerning the principles ofindustrial hygiene and the use ofjudgment as an important factor in the practice of industrial hygiene. He will testify that the persons perceived to be at risk from asbestos exposure were those who worked in the mining and textile fields, and it was not until the 1970s that individuals in a refinery type ofatmosphere were perceived to be at risk for asbestos related disease, and at that time the insulator was the craft perceived to be potentially affected and that it was not until later that other crafts were identified as potentially at risk. BSRN485288.1 -3- Mr. Richards will testify concerning the industrial hygiene issues at Texaco and the actions taken by Texaco concerning issues related to asbestos. He will testify as to the state of the knowledge concerning asbestos and industrial hygiene as it existed from time to time during his graduate school career and thereafter, beginning in the early 1960s. Mr. Richards will testify concerning the industrial hygiene program at Texaco and the steps taken to monitor the working environment for asbestos levels and protect workers, and that based upon the results of monitoring that Texaco was in substantial compliance with the TLV and OSHA standards. Mr. Richards will also testify that persons not assigned to insulationjobs would at most have had incidental exposure to asbestos dust and that the time weighted averages for such workers were generally significantly below mandated limits. He will also testify that training for the proper handling of asbestos and asbestos containing products were conducted to ensure protection for employees. t Mr. Richards will also testify that based upon his knowledge and judgment that purchasers and users of asbestos containing insulation materials such as Texaco relied on research by the producers and manufacturers ofasbestos containing products as well as the government for informative information on asbestos. Mr. Richards will also testify concerning the policies that Texaco had regarding contractor employees' work on Texaco's premises. The documents that Mr. Richards has reviewed include the Texaco documents relating to industrial hygiene policies and procedures regarding asbestos at Texaco including many industrial hygiene monitoring reports. He will testify as to die substitution ofasbestos-free products as those products became practicable and available for use in the Texaco refineries. 32. David Watts Equiva Services 12700 Northborough Drive Houston, TX 77067 281-874-3830 Mr. Watts is an industrial hygienist who began performing industrial services for Texaco in 1977. He will testify concerning the corporate industrial hygiene program at Texaco. He will testify concerning the levels of exposure found among those monitored at the Texaco facilities. He will testify as to the substitution of asbestos free products as those products became practicable and available for use in the Texaco refineries. Mr. Watts will also testify concerning the role of contractors and the fact that they were to provide their own safety equipment and monitoring oftheir own employees as required under the OSHA standards. He will testify concerning the requirements ofthe contractual relations between Texaco and the contractor that required the contractor to comply with applicable rules and regulations including OSHA standards. BSRM85288.1 -4- B. Stephen Rice http://www.haysTOCcontt.com Hays, McConn, Rice & Pickering A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 400 TWO ALLEN CENTER 1200 SMITH STREET HOUSTON, TEXAS 77002 TELEPHONE (713)654-1111 TELECOPIER (713)650-0027 March 5, 2001 Direct Line: (713) 752-8308 E-Mail: SRice@HaysMcConn.Com Mr. Hector Er County Clef El Paso County Courthouse 500 E/San Antonio Avenue El pfcio, TX 79901-2496 Re: Cause No. 2000-2591; Jose Rosendo Martinez, Sr., et ux v. GAF Corporation, etai. \ In the County Court at Law No. 3 of El Paso County, Texas Dear Mr. Enriquez: Enclosed for filing in the above-referenced matter please find 1. Defendant Texaco Inc.'s Certificate of Written Discovery. Please acknowledge receipt and filing of same by placing your file mark on the enclosed copy of this letter and return to the undersigned in the envelope provided. By copy of this letter, copies of the enclosed instrument have been provided to counsel for Plaintiffs and to all other known counsel of record. CM/RRR (with enclosures) cc: All other counsel of record (with enclosures) BSR\469292 NO. 2000-2591 JOSE ROSENDO MARTINEZ, SR. AND ELENA LOPEZ MARTINEZ VS. GAF CORPORATION, ET AL. IN THE COUNTY COURT AT LAW NO. 3 EL PASO COUNTY, TEXAS DEFENDANT TEXACO INC.'S CERTIFICATE OF WRITTEN DISCOVERY TO THE HONORABLE JUDGE OF SAID COURT:, * >- ______ i The undersigned counsel for Defendant TEXACO INC. certifies pursuant to Local Rules that the following has been served upon all counsel of record but has not been filed with the Clerk's office: 1) Defendant Texaco Inc.'s 3/5/01 Supplemental Response to Plaintiffs' Request for Disclosure Concerning Designation ofExperts Subject to Motion to Transfer Venue. Respectfully submitted. HASAMCCONN,/RICE & PI B. STEPHEN RICE State BahNo. 16838CD0 1200 Smith Street, Suitv 400 Houston, Texas 77002 (713) 654-1111/(713) 655-9212-FAX Attorneys for Defendant, TEXACO INC. CERTIFICATE OF SERVICE I hereby certify that the foregoing instrument was forwarded to counseLcor Plaintiffs by certified mail, retunw^cdpt reqguueesstted, and to all cither counsel^record by reguktr mail, on this the day of ^2001. 1 B. STEPHEN RICE BSR/4847I3.1