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CAUSE NO. 12902*BHOO ODIS BRYANT WITHERS AND RUBY WITHERS VS. GAF CORPORATION, ET AL IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23rd JUDICIAL DISTRICT DEFENDANT. THE DOW CHEMICAL COMPANY'S EXPERT DESIGNATIONS TO: Plaintiffs, by and through their attorneys of record Ms. Elizabeth R. Schick, Mr. William K. Tapscott, Baron & Budd, P.C., 3102 Oak Lawn Ave., Suite 1100, Dallas, Texas 75219. COMES NOW, The Dow Chemical Company, defendant in the above-numbered cause, and pursuant to the Texas Rules of Civil Procedure, defendant files this its Expert Designations. Since all plaintiffs have not yet been produced for deposition, defendant reserves the right to supplement these fact and expert witness lists based upon information obtained in plaintiffs depositions. Experts: 1. Mr. Harold Hoyle 1360 Coranado Terrace Daytona, FL 32725 Mr. Hoyle worked as an industrial hygienist at Dow Chemical. He will testify as to matters concerning state-of-the-art, industrial hygiene matters, and occupational health issues. Mr. Hoyle will testify generally that Dow did not have any indication of any problem of any asbestos-related disease in any of its employees until the 1970's. He will testify that Dow took reasonable and necessary precautions to protect its employees and was not negligent in its actions towards its employees. He will offer testimony concerning the monitoring that was done ofthe Dow employees that were working in asbestos-related fields, and the fact that mnnitr,rinrr Ha+a suggested that all exposures were within existing government and industry (A) Documents reviewed by Mr. Hoyle have been made available to plaintiffs counsel. (B) No resume or bibliography is available. 2. Dr. Jack Peterson 2830 Via Viejah Oeste Alpine, California 91901 (619)445-9668 Dr. Peterson will testify concerning state-of-the-art, industrial hygiene matters, and occupational health issues. Dr. Peterson will testify that The Dow Chemical Company was not negligent in any respect with respect to its employees or contractor employees. He will testify that reasonable precautions were taken with respect to the handling ofasbestos in the facilities and that Dow at all times acted as a reasonably prudent plant owner with respect to asbestos on its premises. This testimony is based on his review testimony of Dow employees, such as Harold Hoyle, and his review ofDow's documents concerning exposures to asbestos on its premises. It will also be based upon his knowledge of state-of-the-art treatment of asbestos in the work place (A) Documents reviewed by Dr. Peterson have been made available to plaintiff s counsel. (B) Attached is Dr. Peterson's curriculum vitae. 3. Mr. J. LeRoy Balzer 408 Horse Trail Court Walnut Creek, CA 94595 Mr. Balzer will testify concerning state-of-the-art, industrial hygiene matters, and occupational health issues. Mr. Balzer will testify that The Dow Chemical Company was not negligent in any respect with respect to its employees or contractor employees. He will testify that reasonable precautions were taken with respect to the handling of asbestos in the facilities and that Dow at all times acted as a reasonably prudent plant owner with respect to asbestos on its premises. This testimony is based on his review testimony of Dow employees, such as Harold Hoyle, and his review of Dow's documents concerning exposures to asbestos on its premises. It will also be based upon his knowledge ofstate-of-the-art treatment ofasbestos in the work place (A) Documents reviewed by Mr. Balzer have been made available to plaintiffs counsel. (B) Attached is Mr. Balzer's curriculum vitae. 4. Mr. John Spencer Environmental Profile, In< 813 Frederick Baltimore, MD 21228 (410) 744-0700 Mr. Spencer will offer testimony concerning state-of-the-art, industrial hygiene matters, and occupational health issues. Mr. Spencer will testify that The Dow Chemical Company was not negligent in any respect with respect to its employees or contractor employees. He will testify that reasonable precautions were taken with respect to the handling of asbestos in the facilities and that Dow at all times acted as a reasonably prudent plant owner with respect to asbestos on its premises. This testimony is based on his review testimony of Dow employees, such as Harold Hoyle, and his review ofDow's documents concerning exposures to asbestos on its premises. It will also be based upon his knowledge of state-of-the-art treatment of asbestos in the work place (A) Documents reviewed by Mr. Spencer have been made available to plaintiff s counsel. (B) Attached is Mr. Spencer's curriculum vitae. 5 Dr. Ralph Cook RRC Consulting, L.L.C. 1401 Harwood Court Midland, Michigan 48640-2765 (517)837-9607 Dr. Cook will offer testimony concerning epidemiology studies that were done concerning the Dow Freeport facility. Dr. Cook will testify that the epidemiology studies that were performed concerning the Dow Freeport facility did not indicate any excess of asbestos related illnesses or diseases among the employees. This testimony will be based upon epidemiology work that was done by the epidemiology staff at The Dow Chemical Company. (A) Documents reviewed by Dr. Cook have been made available to plaintiffs' counsel. (B) No resume or bibliography is available. 6. Gregory G. Bond, Ph.D. The Dow Chemical Company Midland, Michigan Dr. Bond will offer testimony concerning epidemiology studies that were done concerning the Dow Freeport facility. Dr. Bond will testify that the epidemiology studies that were performed concerning the Dow Freeport facility did not indicate any excess of asbesto^ e'cted /,, o.r diseases among the employees. This testimony will be based upon epid'e , :v ^ iat was done by the epidemiology staff at The Dow Chemical Company. (A) No resume or bibliography is available. 7. John R. Holcomb, M.D. 4410 Medical Dr., Suite 440 San Antonio, Texas 78229 (210) 692-9400 Dr. Holcomb may testify concerning plaintiffs medical condition and medical causation issues. Dr. Holcomb is a potential doctor who may perform individual medical examinations on plaintiff Vicente Rodriguez. As soon as the examination and the report of Dr. Holcomb is completed, it will be provided to plaintiffs. (A) No documents have been submitted to, or reviewed by Dr. Holcomb in anticipation of his testimony. (B) Attached is a copy of Dr. Holcomb's curriculum vitae. 8. Robert Marshall Ross, M.D. 6550 Fannin St. Suite 2403 Houston, Texas 77030 (713)383-6100 Dr. Ross may testify concerning plaintiffs medical condition and medical causation issues. Dr. Ross is a potential doctor who may perform individual medical examinations on plaintiffs) filing a claim against Dow. As soon as the examination and the report ofDr. Ross is completed, it will be provided to plaintiffs. (A) No documents have been submitted to, or reviewed by Dr. Ross in anticipation of his testimony. (B) Attached is a copy of Dr. Ross's curriculum vitae. 9. Kathryn Ann Hale, M.D. Baylor College of Medicine Pulmonary Section 6550 Fannin St., Suite 1236 Houston, Texas 77030 T: 713/790-2076 Dr. Hai" may testify concerning plaintiffs medical condition and medical causation Dr. Hale is a potential doctor who may perform individual medical examinations on plaintiffs) filing a claim against Dow. As soon as the examination and the report of Dr. Hale is completed, it will be provided to plaintiffs. (A) No documents have been submitted to, or reviewed by Dr. Hale in anticipation of his testimony. (B) Attached is a copy of Dr. Hale's curriculum vitae. 10. Dr. Gregory Foster Pulmonary Medicine Consultants 375 Municipal Dr., #218 Richardson, Texas 75080 (972) 680-0666 Dr. Foster may testify concerning plaintiffs medical condition and medical causation issues. Dr. Foster is a potential doctor who may perform individual medical examinations on plaintiffs) filing a claim against Dow. As soon as the examination and the report ofDr. Foster is completed, it will be provided to plaintiffs. (A) No documents have been submitted to, or reviewed by Dr. Foster in anticipation of his testimony. (B) Attached is a copy of Dr. Foster's curriculum vitae. 11. Dr. Mark Robert Wick 301 Peacock Drive Charlottesville, VA 22903-9716 (804) 245-9613 (804) 245-9643 Dr. Wick will testify concerning state-of-the-art, pathology matters and medical causation issues. (A) Documents reviewed by Dr. Wick have been made available to plaintiffs' counsel. (B) Attached is Dr. Wick's curriculum vitae. 12. John E. Craighead, M.D. Department of Pathology University of Vermont College of Medicine Burlington, VT 05405 (802) 656-2210 Dr. Craighead is a :. . ,..gis:. >Aay testify, live or by deposition, concerning his review of the medical records, pathoiogy and/or work history of Plaintiff and Plaintiffs medical condition. His testimony may also include discussion of asbestos and its effect on human health generally and Plaintiffs specifically, and the effect that other substances have on human health generally and Plaintiffs condition specifically. Dr. Craighead may also testify regarding the medical conditions of Plaintiff based on review of medical records, x-rays. Plaintiffs experts' reports and supplemental reports and his training, experience and other special expertise. Further, Dr. Craighead may testify concerning the increased risk, ifany, ofcancer faced by asbestos exposed workers and the prognosis of such individuals. Further, Dr. Craighead will testify to the state-of-the-art issues with respect to knowledge of asbestos hazards. In addition, if called to testify, either live or by deposition. Dr. Craighead is expected to provide testimony regarding the areas stated below: (A) No documents have been submitted to, or reviewed by Dr. Craighead in anticipation of his testimony. (B) Attached is a copy of Dr. Craighead's curriculum vitae. 13. Dr. Phillip Cagle Baylor College ofMedicine Department of Pathology 1200 Morrison One Baylor Plaza, Room 220B Houston, Texas 77030-3498 Dr. Cagle will testify concerning state-of-the-art, pathology matters and medical causation issues. (A) No documents have been submitted to, or reviewed by Dr. Cagle in anticipation of his testimony. (B) Attached is a copy of Dr. Cagle's curriculum vitae. 14. Dr. Andrew Churg 1229 West 7th Avenue Vancouver, British Columbia, Canada V6Hlb7 Dr. Churg will testify concerning state-of-the-art, pathology matters and medical causation issues. (A) No documents have been submitted to, or reviewed by Dr. Cagle in anticipation ofhis testimony. (B) Attached is a copy of Dr. Cagle's curriculum vitae f Respectfully submitted, MEHAFFY & WEBER By: Elna N. Griggs SBN: 24013232 500 Dallas, Suite 1200 Houston, Texas 77002 Telephone -(713)655-1200 Telecopier -(713)655-0222 ATTORNEYS FOR DEFENDANT THE DOW CHEMICAL COMPANY CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing instrument were served upon plaintiffs' counsel of record via certified mail, return receipt requested, and to all other counsel of record via Certified Mail, Return Receipt Requested on this the 12th day of October, 2000. Arthur R. Almquist / jriggs