Document wg4aQJ23Ov1GBaaY1DNLnb4jJ

CAUSE NO. 12540*BH00 EDWARD J. LAMBERT, ET AL VS. PROKO INDUSTRIES, INC., ET AL IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23RD JUDICIAL DISTRICT EXXON MOBIL CORPORATION'S RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR DISCLOSURE COMES NOW EXXON MOBIL CORPORATION, one of the Defendants in the above entitled and numbered cause, responds to Request for Disclosure as to Plaintiff, Edward J. Lambert pursuant to Tex.R.Civ.P. 194.2. (a) EXXON MOBIL CORPORATION (b) Defendant is unaware of any additional parties Defendant may seek to add to this litigation; however, the Defendant reserves the right to enforce the settlement credit and/or to submit the fault of the settling Defendants all of whom are listed in Plaintiffs' pleadings and discovery responses. (c) Defendant's theories, based upon discovery as completed to date, are as follows: Defendant denies that Plaintiffs were exposed to asbestos containing products on any premises owned or operated by this Defendant or to any product which emanated from any premises owned or operated by this Defendant. Defendant denies that Plaintiffs, were exposed to asbestos products on Defendant's premises at a level sufficient to have caused or contributed to any asbestos related disease. Defendant denies that any dangerous condition existed at its facilities at any time Plaintiffs, may have been present as a business invitee. Defendant denies that it was negligent or grossly negligent or that its actions were a proximate cause of any injury or illness to Plaintiffs. Defendant did not breach any duty owed to Plaintiffs, given the applicable state of the art, nor did Defendant proceed with conscious indifference to the safety ofPlaintiffs, with subjective awareness of any extreme degree of risk considering the probability and magnitude of the potential harm to Plaintiffs. Defendant denies that the Plaintiffs have been damaged as alleged and denies that Plaintiffs' illnesses were caused by asbestos exposure. Defendant denies having supplied material or products which were defective. In the DNO/24727/186973 1 alternative, Defendant contends that any illness of Plaintiffs was the result of exposure to products or actions of companies over whom this Defendant had no control, including asbestos product manufacturers, cigarette manufacturers, and contractors. Defendant asserts the affirmative defense of contributory negligence which will be developed through discovery. Defendant denies controlling the details of the work of Plaintiffs, as they were at all times independent contractor employees. In the alternative, Defendant denies exercising control over the details of Plaintiffs' work to such an extent that Plaintiffs were borrowed servants of Defendant. The imposition of punitive damages would violate Defendant's due process rights guaranteed by the Fourteenth Amendment to the United States Constitution and by the due process provisions of the Texas Constitution, and would be improper under the common law and public policies of the State of Texas. Any award of exemplary or punitive damages, in the absence of appropriate standards, would be unreasonable, arbitrary, capricious and confiscatory, and have no relation to any fact and, therefore, afford Defendant no adequate means of defense. However, if punitive damages are awarded, Defendant asserts that those damages are capped. Defendant denies participation in any civil conspiracy to withhold . jwledge of effects of asbestos exposure from workers. Defendant denies that it acted in any way to aide, abet, encourage or induce any other Defendant to commit any negligent or fraudulent act. Please refer also to Defendant's pleadings on file which are incorporated herein. Defendant reserves the right to amend, supplement or modify its theories as warranted by future discovery. The following persons have knowledge of relevant facts: Edward J. Lambert Plaintiff 75-7026 Alii Drive Kailua Kona, Hawaii 96740 Dana C. Lambert Daughter of Edward J. Lambert 8501 Leawood Boulevard Houston, Texas 77072 (713) 933-4627 2 Cindy Durtyer Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Diana Dillard Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Mary Hutchison Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830)896 "700 Henry Earl Holder Post Office Box 231 Goodrich, Texas 77335 (936) 365-3342 William Joseph Haining 5423 Whispering Creek Way Houston, Texas 77017 (713) 943-2099 George Edwin Jones 865 Walnut Creek Road Simsboro, Louisiana 71275 (318) 247-3201 John Theodore Kayda, Sr. 1610 Atlanta Street Deer Park, Texas 77536 (281)479-8591 Felix D. Luna 8727 Kirkmont Drive Houston, Texas 77089 (281)484-1705 DNO/24727/186973 Preston Colvin Powell 607 Caperton Road Houston, Texas 77022 (713) 697-166 Harry Max Moore 13934 Amber Lane Montgomery, Texas 77356-5235 (409) 588-3114 Lee Roy Cervenka 111 Old Angleton Road Lake Jackson, Texas 77566 (409) 265-4434 Billy Winston Stevens 114 Perth Road Victoria, Texas 77904 (361) 572-8281 John Flowers 4817 Hummingbird Street Houston, Texas 77035 (713) 723-1368 Tom Dement, Jr. Rout 1, Box 44-B Jacksonville, Texas 75766 (903) 586-8872 Harold Wayne Bassham P.O. Box 262 Cisco, Texas 76437 (254) 442-3813 The following people are physicians: Dr. Hector Battifora 1752 Wilson Avenue Arcadia, California 91006 (626) 836-9147 DNO/24727/186973 4 Dr. Mark C. Clark Pulmonary & Critical Care Consultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 Dr. Lisa Rouse 707 Hill Country Drive, Suite 106 Kerrville, Texas 78028 (830) 896-0404 Dr. Rebecca Barrington 218 Sidney Baker Street Kerrville, Texas 78028 (830) 792-3434 Dr. T.A. Berg Surgical Associates 710 Water Street, Suite 60o Kerrville, Texas 78028 (830) 896-6262 Dr. Michael E. Jackson Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Dr. Joseph Vinas Surgical Associates 710 Water Street, Suite 606 Kerrville, Texas 78028 (830) 896-6262 Dr. Clif Arrington P.O. Box 649 Kailua Kona, Hawaii 96750 (808) 322-9400 Dr. Ronald P. Mahoney 7777 Southwest Freeway, Suite 24 Houston, Texas DNO/24727/186973 5 Dr. Grover Hubley 813 Sate Street Madisonville, Texas 77864 Dr. Mitchell 2801 East 29th Street Bryan, Texas 77802 Dr. Allen K. Young 1404 Bristol Street Bryan, Texas 77802 Dr.Philip T. Cagle Center for Pulmonary Patholoy Baylor College of Medicine One Baylor Plaza Houston, Texas 77030 (713) 798-3671 Dr. Lattimere Kailua Kona, Hawaii . The following are custodians of records at locations where plaintiff was treated Custodian ofRecords Southwest Memorial Hospital Houston, Texas Custodian of Records St. Joseph Hospital 2801 Franciscan Drive Bryan, Texas 77802 Custodian of Records Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas Custodian of Records Kailua Kona Community Hospital Kailua Kona, Hawaii DNO/24727/186973 6 Custodian ofRecords Peterson Home Care and Hospice Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 The following are plaintiffs loss of consortium/egregiousness of the harm witnesses: Daena Blackwood 5324 Dunnarast Valley Coal Birmingham, Alabama 35242 (205) 980-5727 Cindy Switzer, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Kristin Foster, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Christine Bivens, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Tammy Ficker, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Ronda Holt, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 DNO/24727/ L 86973 7 Jaime Roath, L. V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Tara Narboune, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Lilliam Forte, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Defendant's investigation as well as discovery is continuing and Defendant reserves the right to designate at a later date people who are present or former employees of EXXON MOBIL CORPORATION and who may have knowledge about the physical layout of the facility, safety practices and rules, the work done by contractors, the responsibilities of Plaintiffs' employer and anticipated knowledge of unions, the policies of the facility as respect to contractor employees, knowledge of potential asbestos hazards, the lack of information received from asbestos product manufacturers, and the use or non-use of asbestos-containing products. Any other persons or witnesses designated by any by any other party. All other witnesses or persons with knowledge of relevant fact designated by any other party. Defendant's investigation as well as discovery is continuing and Defendant reserves the right to supplement this response as additional information is located. See Expert List attached as Exhibit "A" and incorporated by reference as if fully listed herein; In addition. Defendant reserves the right to call all expert witnesses listed by plaintiffs' including but not limited to: 8 Dr. Richard Cohen 19242 Panorama Drive Saratoga, California (415)424-5156 Dr. Cohen will testify about asbestos and the diseases caused by asbestos generally. Dr. Barry Castleman 1722 Linden Avenue Baltimore, Maryland 21217 (410) 462-5135 Dr. Castleman will testify about asbestos and the diseases caused by asbestos generally. He will also testify about matters referred to in the designations of Drs. Joseph K. Wagoner, Richard A. Lemen, Gerritt Schepers and David Egilman. Dr. Joseph K. Wagoner (by Deposition) Dr. Wagoner will testify about asbestos and the diseases caused by asbestos generally. Dr. Gerritt Schepers 9513 Locust Hill Drive Great Falls, Virginia 22066 (703) 757-9714 Dr. Schepers will testify about asbestos and the diseases caused by asbestos generally. Dr. David Ozonoff Boston University School of Public health Building A-501 80 East Concorde Street Boston, Massachusetts 02118 (617) 638-4620 Dr. Ozonoff will testify about asbestos and the diseases caused by asbestos generally. Dr. Thomas Mancuso (Live or by Deposition) 5127 Elsworth Pittsburgh, Pennsylvania (412) 683-6321 DNO/24727/186973 9 Dr. Mancuso will testify about asbestos and the diseases caused by asbestos generally. Dr. David Egilman (Live or by Deposition) South Shore Health Center 759 Granite Street Braintree, Massachusetts (617) 848-1950 Dr. Egilman will testify about asbestos and the diseases caused by asbestos generally. Dr. David Lilienfeld Box 1057 Mt. Sinai School of Medicine 1 Gustave Levy Place New York, New York 10029-6574 (212) 241-4785 Dr. Lilienfeld will testify about asbestos and the diseases caused by asb ' js generally. - Dr. Robert G. Fraser 2766 Summit Circle Birmingham, Alabama 35216 (205) 979-1123 Padanarum Road P.O. Box 558 Bolton Landing, New York 12814 (518) 644-2220 Dr. Fraser will testify the Plaintiff has chest x-ray changes consistent with asbestos-related disease. Dr. Arthur N. Rohl 10 Stouts Valley Road Easton, Pennsylvania 18042 (610) 258-5965 Dr. Rohl will testify about asbestos and asbestos-containing products generally. John D. McCann 195 Bouffard LaSalle, Ontario British Columbia N9J1E9 (519) 734-7889 DNO/24727/186973 10 Mr. McCann was employed by Bendix at its Ontario, Canada plant in the brake shoe department from 1964 to 1981. From 1975 to 1981 he was the United Auto Workers Health and Safety representative at the plant. He is expected to testify about safety practices in the plant. Roger Shack P.O. Box 356 Montevallo, Alabama 35115 (Telephone unknown) Mr. Shack was employed by Sepco Corporation from 1970 to 1983 where his duties included cleaning machines that made asbestos products. Mr. Shack is expected to testify either live or by deposition regarding the extent of Sepco's knowledge ofthe dangers of asbestos while he was employed by Sepco. Nathan Fochtmann Route 6, Box 49 Monteval' ~ Alabama 5115 (Telepho mknown) Mr. Fochtmann was employed by Sepco from approximately 1969 to 1986. Mr. Fochtmann will testify either live or by deposition regarding his knowledge of Sepco's continuing practice while he was employed of burying asbestos behind Sepco's Pelham plant. Dr. John Dement 109 Kilbreck Drive - Cary, North Carolina 27511 (919) 387-2252 Dr. Dement will testify about asbestos and the diseases caused by asbestos generally. Dr. Richard A. Lemen 3495 Highgate Hills Drive Duluth, Georgia 30155 (770) 497-0770 Dr. Lemen will testify as an expert and fact witness about asbestos and the diseases caused by asbestos generally. Mr. Alan M. Segrave Materials Analytical Services, Inc. 3597 Parkway Lane, Suite 250 Norcross, Georgia 30092 (404) 448-3200 DNO/24727/186973 11 Mr. Alan M. Segrave may testify about asbestos and asbestos-containing products generally. Dr. Bill Johnson 2948 Foxhall Circle Augusta, Georgia 30907 (706) 863-4270 Dr. Johnson was employed by National Institute of Occupational Safety & Health. He may testify about safety practices in Pittsburgh Coming Corporation's plants, Pittsburgh Coming Corporation's failure to follow safe practices and governmental requirements and regulations. Dr. Johnson will also testify about matters referred to in the designations of Drs. David Egilman, Richard A. Lemen, Barry Castleman, Joseph K. Wagoner and Gerritt Schepers. E. Lynn Schall, Consultant Certified Industrial Hygienist 510 Edgewood Drive Collingswood, New Jersey 08108 (609) 858-0003 or (609) 967-3313 Mr. Schall will testify regarding threshold limit values and industrial hygiene with respect to the use of Defendants' asbestos-containing products, and asbestos-containing products generally. Dr. Gerlad E. Markowitz 600 West 111th Street New York, New York 10025 (212) 237-8458 Dr. Markowitz will testify concerning the state of the art, including the history of ' occupational safety and health and particularly the history of occupational disease. Mr. George M. Kraus 11 Drake Lane Upper Saddle River, New Jersey 07458 (201)327-2105 Mr. Kraus will testify generally about the asbestos-containing materials and products manufactured and/or supplied by the Defendant Westinghouse Electric Corporation. Dr. L. Christine Oliver Pulmonary and Critical Care Unit Massachusetts General Hospital Boston, Massachusetts 02114 (617) 726-1721 12 Dr. Oliver may testify based upon her (or his) review of Plaintiffs (or Decedent's) medical records, x-rays, and bills for medical services and that such medical bills are reasonable and necessary. Dr. Oliver may testify with regard to Plaintiffs (or Decedent's) diagnosis of asbestos-related disease, asbestosis, pleural plaques or thickening, or cancer. Dr. Oliver may also testify with regard to Plaintiffs (or Decedent's) increased risk of contracting lung cancer or mesothelioma or other cancers as a result of his/her asbestos exposure. Dr. Oliver may also testify to causation. Additionally, Dr. Oliver may also testify regarding Plaintiffs (or Decedent's) medical expenses. Dr. Edwin C. Holstein Environmental Health Associates, P.?A. 20 Park Plaza, Suite 1028 Boston, Massachusetts 02116 (617) 357-4901 Dr. Holstein may testify concerning asbestos generally and causation in particular. Stephen Berger 10564 Eastbome Avenue Los Angeles, California 90024 Mr. Berger may testify as to the existence of substitute products for asbestos-containing materials manufactured and/or supplied by Defendants. Dr. Gaeton D. Lorino 6701 Airport boulevard. Suite A-101 Mobile, Alabama 36609 (334)633-8880 Dr. Lorino may testify as a physician on the Plaintiffs physical examination, the results of the various diagnostic tests performed on the Plaintiff and his diagnosis ofth4e Plaintiffs health status and risks associated with the diseases from which the Plaintiff presently suffers. Dr. Steven Levin Department of Environmental Medicine Mt. Sinai Medical School One Gustave Levy Place New York, New York (212) 241-7810 Dr. Levin may testify as a physician on the Plaintiffs physical examination, the results of the various diagnostic tests performed on the Plaintiff and his diagnosis of the Plaintiffs health status and risks associated with the disease from which the Plaintiff presently suffers. 13 Dr. Mark Clark Pulmonary & Critical Care Consultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 Dr. Clark may testify as a physician on the Plaintiff's physical examination, the results of various diagnostic tests performed on the Plaintiffand his diagnosis ofthe Plaintiffs health status and risks associated with the diseases from which the Plaintiff presently suffers. Dr. James Ballard Princton Diagnostic 817 Princeton Avenue Birmingham, Alabama (205) 783-3700 . Dr. Ballard may testify concerning his review of Plaintiff's chest x-rays and his classification of these chest x-rays under the ILO 1980 Classification. Dr. Ballard will also testify about matters referred t in the designation of Dr. Christine Oliver. Dr. Steven Dikman One Gustave Place Annenberg Building 15/58 Department of Pathology New York, New York 10029 (212) 241-7343 (212) 241-8014 Dr. Dikman may testify that based on his review ofthe medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Dikman will testify about the general pathology of asbestos-related diseases. Further, Dr. Dikman will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Eugene Mark Massachusetts General Hospital Department of Pathology 32 Fruit Street, Warren II Boston, Massachusetts (617) 726-8891 Dr. Mark may testify that based on his review ofthe medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Mark will testify about the general pathology of asbestos-related diseases. Further, Dr. Mark will also testify 14 about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Martin Lewis Palms of Pasadena Hospital 1501 Pasadena Avenue South St. Petersburg, Florida (813)341-7505 Dr. Lewis may testify that based on his review ofthe medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), PlaintifFs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Lewis will testify about the general pathology of asbestos-related diseases. Further, Dr. Lewis will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. David H. Groth 8953-C Harper Points Drive Cincinnati, Ohio 45249 (513)489-6351 Dr. Groth may testify that based on his review of the medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), PlaintifFs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Groth will testify about the general pathology of asbestos-related diseases. Further, Dr. Groth will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Jerrold Abraham Department of Pathology State University of New York 750 East Adams Street Syracuse, New York 12310 (345) 464-4750 Dr. Abraham may testify that based on his review of the medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), PlaintifFs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Abraham will testify about the general pathology of asbestos-related diseases. Further, Dr. Abraham will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Sam Hammar Diagnostic Specialties Laboratory 700 Lebo Boulevard, P.O. Box 2171 Bremerton, Washington 98310 (206) 479-7707 Dr. Hammar may testify that based on his review of the medical records, diagnosis. DNO/25107/186820 15 pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Hammar will testify about the general pathology of asbestos-related diseases. Further Dr. Hammar will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Victor Roggli Durham VA Medical Center Department of Pathology (113) 508 Fulton Street, F3196 Durham, North Carolina 27705 (919) 286-0411 Dr. Roggli may testify that based on his review of the medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Roggli will testify about the general pathology of asbestos-related diseases. Further, Dr. Roggli will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Mr. John D. McAllister, deceased (by deposition) Plaintiffs expect to offer the deposition of Mr. McAllister on the subject ofthe state ofthe art generally and knowledge possessed by Keene corporation and Owens-Illinois, Inc., concerning the hazards of asbestos, in particular. Dr.. Kenneth Wallace Smith, deceased (by deposition) Plaintiff expects to offer the deposition of Dr. Smith concerning the state ofthe art generally. Dr. Richard Gaze, deceased (by deposition) Plaintiff expects to offer the deposition of Dr. Gaze on the subject ofthe state ofthe art generally and knowledge possessed by Pittsburgh Coming Corporation concerning the hazards of asbestos, in particular. Dr. Robert W. Johnson 4970 El Camino Real, Suite 250 Los Altos, California 94022 (415)494-2413 Dr. Johnson, as an economist, may testify concerning his evaluation ofthe financial condition of the Defendants. DN005107.' 186820 16 Mr. Richard L. Hatfield Materials Analytical Services 3945 Lakefield Court Suwanee, Georgia 30024 (7700 448-3200 Mr. Hatfield is a scientist specializing in the measurement and analysis of materials and determining the constituent ingredients in materials, and characterizing those materials and ingredients. Mr. Hatfield will offer opinions concerning testing which has been performed on behalf of manufacturer defendants or the lack of testing of defendants' products. Mr. Hatfield will offer opinions concerning testing which has been performed on behalf of Defendant or the lack of testing at Premises Defendant's facility of asbestos products. Mr. Hatfield may testify as to his opinion of the amount of asbestos dust that could be expected at a facility such as Defendant's. Mar. Hatfield may analyze and testify as to his opinion ofthe results of the asbestos dust testing, if any, conducted at Defendant's facility. Maceo Cook 1070 Legion Club Road Salisbury, North Carolina 28144 (704) 279-3089 Maceo Cook may testify concerning the reaction of Allied Signal/Bendix to knowledge concerning the hazards of asbestos in its own manufacturing plants where Allied Signal/Bendix workers were exposed to asbestos in the 1970's, 1980's and 1990's. The witness may testify that Allied Signal/Bendix took no precautions for the safety of such employees who were exposed to asbestos on a regular basis. Reverend Louis Turner 406 Pine Tree Drive Salisbury, North Carolina 28144 (704) 636-9558 Reverend Louis Turner may testify concerning the reaction of Allied Signal/Bendix to knowledge concerning the hazards of asbestos in its own manufacturing plants whe4re Allied Signal/Bendix workers were exposed to asbestos in the 1970's, 1980's and 1990's. The witness may testify that Allied Signal/Bendix took no precautions for the safety of such employees who were exposed to asbestos on a regular basis. Charles E. Evans, Jr. P.O. Box 568 East Spencer, North Carolina 28039-0568 Charles E. Evans, Jr. may testify concerning the reaction of Allied Signal/Bendix to knowledge concerning the hazards of asbestos in its own manufacturing plants where Allied Signal/Bendix workers were exposed to asbestos in the 1970's, 1980's and 1990's. The witness may testify that Allied Signal/Bendix took no precautions for the safety of DNO/25107/186820 17 such employees who were exposed to asbestos on a regular basis. Edward Allebach 109 Emerald Avenue Westmont, New Jersey (609) 854-9120 Mr. Allebach will testify live or by deposition that he was the maintenance manager at Owens-Coming Fiberglass Corporation's Berlin, New Jersey Kaylo Plant. Mr. Allebach will testify that he worked for Owens-Coming Fiberglass Corporation from the 1960's until 1985. Mr. Allebach may testify that Owens-Coming Fiberglass Corporation did not re-tool and clean the Berlin Plant when it converted over from the production of asbestoscontaining to asbestos-free Kaylo. Dr. Elliott Kagan Department of Pathology Uniformed Services University Of the Health Sciences F. Edward Hebert School of Medicine 4301 Jones Bridge Road Bethesda, Maryland 20814-4799 (301) 295-3492 This designation applies to Drs. Victor Roggli, Sam Hammar, David H. Groth, Steven Dikman, Eugene Mark, Martin Lewis and Jerrold Abraham Dr. Elliott Kagan may testify live or by deposition based upon his review of Plaintiffs/Decedent's pathology, medical records, x-rays and bills for medical services. Dr. Kagan may testify with regard to Plaintiff s/Decedent's diagnosis ofasbestosOrelated disease or injuries, asbestosis, pleural plaques or thickening, or cancer. Dr. Kagan may also testify with regard to PlaintifFs/Decedent's increased risk of contracting lung cancer or mesothelioma or other cancers as a result ofhis/her asbestos exposure. Dr. Kagan may also testify that Plaintiffs/Decedent's increased risk of cancer was caused and/or contributed to by PlaintifFs/Decedent's exposure to Defendants' asbestos-containing products. Dr. Kagan may testify concerning fiber types ofasbestos generally and that all types of asbestos fibers are capable ofcausing all asbestos-related diseases and all forms ofasbestos-related cancers. Dr. Kagan may also testify that PlaintifFs/Decedent's diagnosis and symptoms are (were) related to, and caused by or contributed to by, his/her exposure to asbestos. Additionally, Dr. Kagan may testify that Plaintiffor Plaintiffs Decedent has incurred in the past, and Plaintiff will incur in the future, medical expenses as a result of PlaintifFs/Decedent's exposure to asbestos, asbestos-related disease and asbestos related cancer. Dr. Kagan may testify that Plaintiffor Plaintiffs Decedent has required in the past and Plaintiffwill require in the future, medical monitoring and may require treatment and/or hospitalization (and the reasonable expenses therefore) as a result of his/her exposure to asbestos, asbestos-related disease, asbestos-related cancer and the progression and/or recurrence ofthis cancer. As a medical doctor. Dr. Kagan will testify as to the medical aspects of asbestos exposure; asbestos exposure and its relationship to non-malignant diseases; asbestos exposure and its relationship to lymphoma, laryngeal and other various cancer; and that each and every DMJ.25IU7-HJ682U 18 asbestos exposure is a substantial contributing cause to the development ofasbestos-related diseases and that each and every asbestos exposure indeed cause the asbestos-related disease claimed in Plaintiffs/Decedent's case. Dr. Kagan will testify that smoking is addictive. Dr. Kagan will testify that all types of asbestos fibers are carcinogenic and fibrogenic and the prognosis of individuals, including the PlaintifFs/Decedents herein who have an asbestosrelated disease. Additionally, Dr. Kagan may testify that based on the medical and scientific literature availableto Defendants, Defendants knew or should have known thattheir asbestos-containing products could cause disease. Dr. Kagan may testify as to his review ofthe medical, scientific and/or technical literature and the opinions and conclusions contained in that literature. Dr. Kagan may testify regarding exposure levels of asbestos, at what levels asbestos may cause disease, and as to when these facts were known in the medical, scientific and/or technical literature. Dr. Kagan may also testify as to the hazardous nature of asbestos and asbestoscontaining products and as a result, that such asbestos and/or asbestos-containing products are unreasonably dangerous. Further, Dr. Kagan may testify concerning the increased risk of cancer faced by asbestos exposed workers and the epidemiological link between asbestos and cancer. Dr. Kagan will also testify about matters referred to in the designation of Dr. Christine ver. Scott R. Bickford Martzell & Bickford 338 LafFayette Street New Orleans, Louisiana 70130 (504) 581-9065 Mr. Bickford will testify that certain corporate documents of National Gypsum co. are authentic. Willie Fields 4239 South Claiborne Street New Orleans, Louisiana 70118 (504) 891-5544 Mr. Fields was employed by the National Gypsum Company at the New Orleans, Louisiana plant as a Relief Man from 1946 - 1987. He is expected to testify by video deposition (taken on March 15,1995) regarding the working conditions at the National Gypsum, New Orleans Plant, Threshold Limit Values and the lack of warnings on National Gypsum asbestoscontaining products and lack of warnings in the National Gypsum Plant. Arnold R. Brody, Ph.D. Tulane University Medical Center School of Medicine Department of Pathology & Laboratory Medicine SL79 1430 Tulaen Avenue New Orleans, Louisiana 70112-2699 (504) 588-5224 DNO.25I07.IS6820 19 Dr. Brody may testify as to the physiological design and function ofthe lungs, the effect of asbestos on the lungs and other parts ofthe body, and on the body's defense mechanisms. He may also testify about asbestos, the diseases it causes, the progressive, irreversible effects of asbestos disease and the prognosis for an asbestos exposed individual. He may also testify concerning the scientific literature on the biological and toxicological effects of asbestos written by himself and others. He may also testify about the body's biologic response to brief exposure to asbestos, the pathogenic effects produced by various asbestos fiber types, including fibrosis and carcinogenesis. He may further testify concerning asbestos deposition and migration in and through the lungs and body. He will discuss all types of cancer risks from asbestos exposure. He will define what "injury" means and that asbestos diseases are injuries. Dr. Brody may further testify as to facts and circumstances regarding the nature of the injuries and damages that are the subject of this action. Dr. Brody may testify that all exposures are substantial contributing factors to an individual's disease. Dr. Brody will testify that products which release asbestos fibers are unreasonably dangerous and that fibers will remain until death. He will testify about smoking being addictive. Dr. Brody's testimony is based on his review and knowledge ofmedical literature, his education and work experience, his research, and the research ofothers. Dr. Brody will also testify about matters referred to in the designations of Drs. Christine Oliver and Elliott Kagan. Thomas Adkins 38252 River Drive Lebanon, Oregon 97355 (503) 258-2147 Mr. Adkins is a former employee ofW.R. Grace and will testify about the working conditions in the Liberty Montana Vermiculite Mine and Zonolite/Grace plants from 1968 to 1990. William Longo, Ph.D. Materials Analytical Services 3945 Lakefield Court Suwanee, Georgia 30024 (770) 448-3200 Dr. Longo is a scientist specializing in the measurement and analysis of materials and determining the constituent ingredients in materials, and characterizing those materials and ingredients. Dr. Longo has examined and tested various asbestos products. Dr. James Hubbard Senior Materials Scientist Materials Analytical Services 3945 Lakefield Court Suwanee, Georgia 30024 (770) 448-3200 Mr. Hubbard will testify either live or by deposition regarding scientific experiments he performed to demonstrate the concept of threshold limits values relating to asbestos. Mr. Hubbard will testify about the methods employed to create demonstrative exhibits regarding DNO/25107/18682U 20 the TLV. A copy of Dr. Hubbard's report has previously been provided to defendants and is available upon request. Dr. Dominic Gaziano Chest Medical Services, Inc. 3100 MacCorkle Avenue, Southeast, Suite 404 Charleston, West Virginia 25304 (304)346-1811 Dr. Gaziano will testify about asbestos and the diseases caused by asbestos generally. Dr. Brian G. Forrester Director, Occupational Medicine Regional FirstCare 485 Highway 29N Athens, Georgia 30601 (706)353-6000 Dr. Jay T. Segarra 414 Ward Avenue Ocean Springs, Mississippi 39564 (228) 875-2954 Dr. Frank Mazza Pulmonary & Critical Care ' onsultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 Drs. Forrester, Mazza and Segarra may testify as to the physiological design and function of the lungs, the effect of asbestos on the lungs and other parts ofthe body, and on the body's defense mechanisms. They may also testify about asbestos, the diseases it causes, the progressive, irreversible effects ofasbestos disease and the prognosis for an asbestos exposed individual. They may also testify concerning the scientific literature on the biological and toxicological effects of asbestos written by Forrester and others. They may also testify about the body's biologic responses to brief exposure to asbestos, the pathogenic effects produced by various asbestos fiber types including chrysolite, and carcinogenesis. They may further testify concerning asbestos deposition and migration in and through the lungs and body. They will discuss all types ofcancer risks from asbestos exposure. They will define what "injury" means and that asbestos diseases are injuries. Drs. Forrester, Mazza and Segarra may further testify as to facts and circumstances regarding the nature ofthe injuries and damages that are the subject of this action. They may testify that all exposures are substantial contributing factors to an individual's disease. They will testify that products which release asbestos fibers are unreasonably dangerous and that fibers will remain until death. They will testify about smoking being addictive. Drs. Forrester, Mazza and Segarra's testimony is based on their review and knowledge of medical literature, their education and work experience, their research and the research of others. DNO/25107/18682U 21 Alan Eggleston, Ph.D. Eggleston, Holmes and Associates, Environmental consultants 13625 Pond Springs Boulevard, Suite 206 Austin, Texas 78729 (512) 250-0727 Dr. Eggleston will testify as a fact and expert witness. Dr. Eggleston is an environmental consultant. Frank Parker, III Environmental Technology Incorporated 200 Brantley Lane P.O. Box 210 Magnolia, Texas 77353-0210 (281)256-6038 Frank Parker will testify as a certified industrial hygienist, Professional Engineer, and a Certified Safety Professional. Vernon Rose 8046 Oakwood Hollow Houston, Texas 77040 (713)466-6332 Vernon Rose will testify as a certified industrial hygienist, certified safety specialist, and registered professional engineer. Professor Robert Ragazzo University of Houston Law Center Houston, Texas 77004 (713) 743-1000 Professor Robert Ragazzo will testify as an expert witness in the field of corporate law and corporate structure. Chris Kelly Glass & Associates 5956 Sherry Lane, Suite 2001 Dallas, Texas 75225 (214) 696-4659 Chris Kelly will testify as a certified fraud examiner, financial, business and management consultant, and professor the Southwestern Graduate School of Banking at Southern Methodist University. DNO/25107/186820 22 Sharon Katz, Ed. D. 1674 Hill Road, Suite #10 Boise, Idaho 83702 (208)385-9677 Dr. Katz, a licensed psychologist and counselor, may testify about the psychological effects ofthe Plaintiffs/Decedent's illness/death on the various loss ofconsortium Plaintiffs and the psychological components ofthe grieving process. Dr. Katz may also testify about the effects ofthe Plaintiffs/Decedent's illness ofthe Plaintiffs/Decedent's state of mind and emotional well being. James E. Girard, Ph.D. 6328 Kamick Street Fairfax Station, Virginia 22039 (703) 425-4770 Dr. Girard may testify concerning Plaintiffs/Decedent's exposure to asbestos-containing brake products and that such exposure caused or contributed to cause Plaintiffs/Decedent's asbestos-related disease and/or asbestos-related cancer. Dr. James Arthur Robb 5942 SW 105"' Street Maimi, Florida 33156 (3050 325-5587 Dr. Robb is a pathologist. In addition, Defendant reserves the right to call any of the Plaintiffs' treating and/or diagnosing doctors including but not limited to; Dr. Hector Battifora 1752 Wilson Ave. Arcadia, California 91006 (626) 836-9147 Dr. Battifora may testify concerning his review ofthe medical, records, pathology and work history of Plaintiff and his diagnosis of mesothelioma in this case. Dr. Mark C. Clark Pulmonary & Critical Care Consultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)459-6599 DNO/24727/186973 23 Dr. Lisa Rouse 707 Hill Country Drive, Suite 106 Kerrville, Texas 78028 (830) 896-0404 Dr.Philip T. Cagle Center for Pulmonary Patholoy Baylor College of Medicine One Baylor Plaza Houston, Texas 77030 (713) 798-3671 Dr. Rebecca Barrington 218 Sidney Baker Street Kerrville, Texas 78028 (830) 792-3434 Dr. T.A. Berg Surgical Associates 710 Water Street, Suite 606 Kerrville, Texas 78028 (830) 896-6262 Dr. Michael E. Jackson Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Dr. Joseph Vinas Surgical Associates 710 Water Street, Suite 606 Kerrville, Texas 78028 (830) 896-6262 Dr. Clif Arrington P.O. Box 649 Kailua Kona, Hawaii 96750 (808) 322-9400 Dr. Ronald P. Mahoney 7777 Southwest Freeway, Suite 24 Houston, Texas DNO/24727/186973 24 Dr. Grover Hubley 813 Sate Street Madisonville, Texas 77864 Dr. Mitchell 2801 East 29th Street Biyan, Texas 77802 Dr. Allen K. Young 1404 Bristol Street Bryan, Texas 77802 Dr. Lattimere Kailua Kona, Hawaii In addition, Defendant reserves the right to call any of the custodians of records of any and all physicians, health care facilities, hospitals, clinics and health care providers who have treated or examined the Plaintiff in this case who may have records concerning the plaintiff including but not limited to the following;. Custodian of Records Southwest Memorial Hospital Houston, Texas Custodian of Records St. Joseph Hospital 2801 Franciscan Drive Bryan, Texas 77802 Custodian of Records Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas Custodian of Records Kailua Kona Community Hospital Kailua Kona, Hawaii Custodian of Records Peterson Home Care and Hospice Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 DNO/24727/l 86973 25 Any person designated by any other party in this case as an expert witness, whether or not such party is still a party at the time of trial; any physician who has examined and/or treated Plaintiff not identified; any and all records custodians, live or by deposition upon written questions, for any physicians or institutions listed herein or revealed in Plaintiffs' Responses to Discovery or any other pleading on file in this case. g- i. The only witness statement at this time is one from John Flowers. There are no other witness statements at this time. Defendant's investigation, as well as discovery is continuing and Defendant reserves the right to supplement this response as additional information is located. k. Defendant will provide copies ofany medical records obtained through authorization that are not already available to the plaintiff. - DNO/24727/186973 Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. Michael T. Bridwell State Bar No. 02979600 14th Floor, San Jacinto Building Beaumont, Texas 77701-3255 (409)981-1000 (409)981-1010 Facsimile ATTORNEYS FOR DEFENDANT, EXXON MOBIL CORPORATION 26 CERTIFICATE OF SERVICE This will verify that a true and correct copy of Exxon Mobil Corporation.'s Response to Disclosure has been furnished to counsel for plaintiff by certified mail and to all other counsel of record by U.S. mail on this 29th day of November, 2000. Michael T DNO/24727/186973 27 Strong, Pipkin, Nelson, Bissell& Ledyard, L.L.P. ATTORNEYS AT LAW BEAUMONT OFFICE 1400 SAN JACINTO BUILDING 595 ORLEANS BEAUMONT, TEXAS 77701-3255 TELEPHONE (409) 981-1000 FACSIMILE (409) 981-1010 HOUSTON OFFICE 1111 BAGBY SUITE 2300 HOUSTON, TEXAS 77002-2546 TELEPHONE (713) 651-1900 FACSIMILE (713) 651-1920 November 29, 2000 Holly Huart BARON & BUDD 3102 Oak Lawn Ave, Suite 1100 Dallas, TX 75219-4281 RE: Edward Lambet t Pronko, et al; In the County Court ofLaw #4, Dallas County, Texas; Cause No. CC-00-2180-D Dear Ms. Huart: Enclosed please find ExxonMobil Corporation's Responses to Plaintiffs Request for Disclosure in the above referenced case. Also enclosed is a Notice ofFiling. Please do not hesitate to contact our office should you have any questions or comments. Very truly yours, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. Enclosure cc: All counsel of record Defendants are not aware ofall ofthe areas oftestimony orproofthat plaintiffintends to produce at trial and, therefore, defendants cannot proffer all expected testimony until they have had the benefit ofreviewing all ofplaintiffs ' experts ' reports and opinions. To the extent that a witness expresses an opinion at trial or in discovery that has not been divulgedprior to the time that this statementwasservedon counsel, andwhich creates a needforadditional areas ofrebuttal testimony orproof, defendants reserve the right to supplement this statement. Any expert designated herein may also testify as to any issues raised by plaintiffs experts within the area(s) of expertise of the designated expert. .. Robert J. Awe, M.D. . Baylor College of Medicine Ben Taub General Hospital 1504 Taub Loop Houston, Texas 77030 (713) 793-2467 . ' Dr. Awe is expected to testify either live or by deposition concerning 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. Awe may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-relatec ' markers and diseases, and the risks associated with developing cancers. Dr. Awe is also expected to' testify about any matter raised by experts called by the Plaintiffs or Co-Defendants including, but not limited to, plaintiff's medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. - J. Leroy Balzer, Ph.D 408 Horse Trail Court Alamo, CA 94595 ' Dr. Balzer has a B.S. Degree in Public Health Microbiology and M.S. Degree in Preventive Medicine/Public Health which were awarded by the University of California at Los Angeles in 1962 and 1963 respectively. Dr. Balzer earned the Doctor ofPhilosophy Degree in Environmental Health and Science/Industrial Hygiene from the University ofCalifornia at Berkeley in 1971. From 1963 to 1965, he was employed as an environmental health scientist at the University of California at Berkeley. From 1966 to 1971, Dr. Balzer 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 ofthe construction industry was sponsored through grants from the United States Public Health Service and involved observing the work environment of insulators. Dr. Balzer was a Certified Industrial Hygienist from 1973 until 1987 when he became an Assistant Vice Chancellor at the University of California Health Sciences Campus in San Francisco. He has lectured on occupational/environmental health issues in the United States and internationally. In 1993, Dr Balzer became a full time consulting industrial hygienist and was appointed an Assistant Clinical Professor, School of Medicine, University of California Health Sciences. Dr. Balzer is a member of the American Conference of Governmental Industrial Hygienists (Affiliate), American -1- K DEFENDANTS 11 EXHIBIT f-^ Industrial Hygiene Association and other professional organizations. , Dr. Balzer may also testify to any and all other matters, within his knowledge and expertise, which are relevant to this particular case. Dr. Balzer is an environmental consultant. He may give testimony regarding the level offiber release, if any, from gasket and packing products or other products in the occupational setting. He may - testify regarding threshold limit values and permissible exposure levels as promulgated by private organizations and governmental agencies. He may testify as to issues involving reentrainment and fiber drift. He may testify as to work practices regarding various types ofoccupations using products that contained asbestos. He may testify as to the applicability of the OSHA and Environmental Protection Agency's guidelines as they relate to various types of products including gaskets and packings. He may testify as to exposure that may result from the use of other types of asbestos products. Dr. Balzer has personal knowledge ofrelevant facts but is also an expert based upon his specialized knowledge, skills, and training. Dr. Balzer may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs worked. He may testify about the nature.of the working environment in such jcations. He may testify about his knowledge of the composition and asbestos content, if any, c the products and may testify concerning the ability of such products to emit asbestos fiber under certain conditions. He may testify generally as to the industrial hygiene state-of-the-art. He may testify to the dust levels produced by particular insulation operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use of respirators in association with the use of asbestos-containing products. He may testify about whether the some products identified are capable of emitting respirable asbestos fibers of type or quantity which could have substantiallycontributed to the plaintiffs' alleged asbestos-related condition. He may testify about applicable governmental standards and regulations. 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 of which the plaintiffs complain. Dr. Balzer may testify as to the industrial hygiene state-of-the-art. He may also testify to the dust levels produced by particular insulation operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use ofrespirators in association with the use ofasbestos-containing materials. He may also testify as to any matter raised by experts called by plaintiffs or any co-defendants. Balzer may testify regarding an individual's risks or exposure to asbestos from different media, including, but not limited to, ambient air, industrial products and occupational settings. Balzer may testify concerning: (1) circumstances in occupational settings that may result in direct exposure for persons having contact with asbestos-containing products or equipment with asbestos insulations, and (2) circumstances that may result in bystander exposure for those nearby others having contact with asbestos containing products or equipment with asbestos insulation. Balzer may testify about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. Finally Dr. Balzer may render various opinions relevant to a Daubert/Havner/Robinson Analysis. -2- Dr. Peter Barrett Chief of Radiology Quincy City Hospital Quincy, MA 02169 300 Boyleson Street, Suite 714 Boston, MASS 02116 (617) 749-5876 _ Dr. Barrett is a radiologist/B-Reader. He is expected to testify generally about radiologic concepts and evaluation and its relation to the diagnosis of pulmonary diseases. He will testify specifically regarding his evaluation of x-rays and diagnostic films in the diagnosis of occupational pneumoconiosis. Dr. Barrett may. testify that some asbestos-containing products are not hazardous and that any possible asbestos exposure from such asbestos-containing products could not have caused any ofthe plaintiffs' alleged illnesses. Dr. Barrett is a practicing radiologist and a B-reaaer certified by NIOSH. His testimony will relate to his interpretation ofchest films taken ofthe plaintiffs, as disclosed in reports produced, ifany, and will be made available to the plaintiffs. It is anticipated that Dr. Barrett will testify generally as to his interpretation ofthe plaintiffs' chest films, the presence ofany asbestos-related condition as evidenced on the chest film, and the presence of other abnormalities or conditions unrelated to any exposure to asbestos. Mr. Lawrence R. Birkner McIntyre, Birkner & Associates, Inc. 2026 El Monte Drive Thousand Oaks, California 91362-1822 Larry Birkner is a certified Industrial Hygienist trained in the measurement of dust and related matters. He is prepared to testify regarding the history of industrial hygiene, industrial hygiene methods, exposure levels which trigger disease 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 oftime from an industrial hygiene standpoint when people and companies became aware ofassociated health risks. He may give testimony regarding the level offiber release, if any, from gasket, packing or other products in the occupational setting. He may testify regarding threshold limit values and permissible exposure levels as promulgated by private organizations and governmental agencies. He may testify as to issues involving reentrainment and fiber drift. He may testify as to work practices regarding various types ofoccupations using products that contained asbestos. He may testify as to the applicability of the OSHA and Environmental Protection Agency's guidelines as they relate various types of products including gaskets and packings. He may testify as to exposure that may result from the use of other types of asbestos products -3- Mr. Birkner has personal knowledge ofrelevant facts but is also an expert based upon his specialized knowledge, skills, and training. Mr. Birkner may testify about the size, construction, layout and working environment of facilities such as where the plaintiffs 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 the products and may testify concerning the ability of such products to emit asbestos fiber under certain conditions. He may testify generally as to the industrial hygiene state-of-the-art. He may testify to the dust levels produced by particular insulation ' operations and products, including pipe and block insulation. He may also address insulator union knowledge of asbestos hazards, the historical development of the use of respirators in association with the use of asbestos-containing products. He may testify about whether the some products identified are capable of emitting respirable asbestos fibers of type or quantity which could have substantially contributed to the plaintiffs alleged asbestos-related condition. He may testify about applicable governmental standards and regulations. He may also testify as to any matter raised by experts called by the plaintiffor any co-defendants. Birkner may testify regarding an individual's risks or exposure to asbestos from different media, including, but not limited to, ambient air, industrial products and occupational settings. Birkner may testify concerning: (1) circumstances in occupational settings that may result in direct exposure for persons having contact with asbestoscontaining products or equipment with asbestos insulation, and (2) circumstances that may result in bystander exposure for those nearby others having contact with asbestos containing products or equipment with asbestos insulation. Birkner may testify about industrial hygiene principles and methodologies used to determine potential hazards due to asbestos exposure. Sam Cade, M.D. Texas Diagnostic Imaging 3535 Worth. Street #110 Dallas, Texas 75246 (214) 820-3219 Dr. Cade is a "B" reader and may testify regarding the radiographs of the Plaintiff. Dr. Cade will testify to all matters pertaining to his examination ofthe Plaintiff and Plaintiffs medical records; any communication with the Plaintiff or Plaintiffs family; the diagnostic criteria used to diagnose asbestosis; his opinion regarding whether Plaintiff suffers from an asbestos-related disease and the basis of such opinions; the Plaintiffs current medical condition and his prognosis thereof. Phillip Cagle, M.D. Baylor School of Medicine Dept, of Pathology 1200 Moursund Street Room 286A Houston, Texas The words and language used in this statement are the words and language of counsel who prepared the statement, and not ofthe witness. Dr. Cagle has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. -4- Dr. Cagle will be offered by theses defendants as an expert physician, with particular expertise in pathology, in the process ofcarcinogenesis, as a researcher in the field ofasbestos related conditions and their etiology, in the pathologic diagnosis and grading of non-malignant conditions associated with exposure of certain populations to asbestos-containing products and/or materials, and in the epidemiologic and etiologic aspects ofcertain cancers that are alleged to be causally associated with exposure of certain populations to asbestos containing products and/or materials. .. . { --- - - - ' Dr. Cagle is expected to provide testimony concerning the anatomic structure and functioning ofthe lung from a pathologic perspective, the defense mechanisms and functioning ofthe lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. Dr. Cagle is expected to describe and distinguish various types of asbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Cagle will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Cagle is further expected to be able to testify concerning the circumstances under which exposure to certain forms, and types ofasbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. Dr. Cagle is further expected to offer testimony concerning the effects ofinhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos containing products, and additionally concerning how the effects ofinhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Cagle is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual, without reference to that specific person's individual work history, medical histoiy, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Cagle's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony ofsuch experts and cannot be specifically predicted. In expressing his opinions, Dr. Cagle will rely on his own training, education, experience, research and publications, as well as the published medical and scientific literature that has been available to him over his career. -5- Dr. Cagle may testify as to the general medical aspects of the diagnosis and treatment of asbestosrelated disease and the pathological effect of asbestos on the lung. He may also testify as to the relationship of asbestos exposure and the incidence of cancer. Dr. Cagle is expected to provide testimony in the following areas: 1. Anatomy and function ofthe respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; ,-- 2. The nature of asbestos and asbestosis; 3. The symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system peritoneum and peritoneal cavity; 4. The nature and extent ofmedical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. The effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; ' 6. Methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos related diseases; 7. Incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 8. The import of any exhibit (including without limitation, corporate documents of defendants) introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 9. Cigarette smoking and its effect on the lung and other organs; 10. The relative danger of theses defendants' asbestos-containing products; 11. The relationship of cigarette smoking to cancer of the lung and cancers of the other sites with reference to epidemiological studies and physiologic effect; 12. Difference between impairment and disability; 13. Effect of asbestosis, or asbestos exposure without asbestosis, on disability and life expectancy; effect of pleural plaques or other pleural manifestations of asbestos exposure on lung function or life expectancy; -6- 14. The lack ofrelationship between presence ofpleural plaques and a later development of any form of cancer; 15. Cancer incidence in the general population and among asbestos workers and its potential causes; 16. The history of evolution and knowledge .of asbestos-related diseases; f ---- 17. The fiber types and exposure levels considered to be substantial in causing asbestosrelated disease, specifically mesothelioma. Additionally, Dr. Cagle may testify concerning the diagnosis ofplaintiffs. Dr. Cagle may also testify as to his findings and diagnosis after examination and analysis of tissue, slides or other pathologic materials, medical records, reports, radiographs and plaintiffs' work history. He may give testimony concerning his review of any report purported to be diagnostic of any oncological condition and the methods of and procedures for conducting fiber counts. He may give testimony regarding malignancies associated with asbestos exposure or cigarette abuse and other malignancies from which they must be differentiated, the appropriate protocols for the diagnosis ofthose condi is, prognosis and information relating to the known cause of those malignancies. He may testif mcerning the text and other literature relevant to any malignancy purported to be asbestos-related and any other malignancy from which it must be distinguished, including data relevant to contentions of increased risk ofasbestos-related disease or cancer, prognosis, the relevant standards ofcare and considerations relating to medical monitoring. His testimony may include discussions ofany relevant epidemiology, anatomy and physiology. Finally Dr. Cagle may render various opinions relevant to a Daubert/Hccvner/Robinson Analysis. Bruce Case Department of Pathology Faculty of Medicine McGill University 3775 University Street Room 203 Montreal, Canada H3 A2B4 (514) 398-7192 ext. 7466 ' The words and language used in this statement are the words and language of counsel who prepared the statement, and not ofthe witness. Dr. Case has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Case is expected to provide testimony concerning the anatomic structure and functioning ofthe lung from a pathologic perspective, the defense mechanisms and functioning ofthe lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. Dr. Case is expected to describe and distinguish various types ofasbestos fibers; to describe the things which affect the ability ofasbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. -7- It is further believed that Dr. Case will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Case is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to-exist- epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. ' Dr. Case is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos containing products, and additionally concerning how the effects ofinhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Case is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importanc j that individual, without reference to that specific person's individual work history, medical his^.y, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. Dr. Andrew Churg Associate Professor Chief, Laboratory of Anatomic Pathology University of British Columbia Health Sciences Center Hospital 2211 Westbrook Mall Vancouver, B.C., Canada V6T1W5 The words and language used in this statement are the words and language ofcounsel who prepared the statement, and not ofthe witness. Dr. Churg has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Churg will testify about the pathology of asbestos related diseases, his research into asbestos related diseases, the carcinogenicity of various fiber types, and the relationship, if any, between asbestos and various disease. Dr. Churg is a specialist in the pathology of occupational lung disease. He is also expected to testify that some asbestos-containing products do not create a health hazard and that any asbestos exposure from these products played no role in the genesis of plaintiffs' lung diseases, if any. -8- Dr. Churg may testify, either live or by deposition, regarding general pathology and the pathology of plaintiffs. He may also testify as to any matter raised by experts called by plaintiffs or any co defendants. In addition, Dr. Churg may testify regarding general medical issues, including but not limited to the following: ' ....... - 1. The anatomy and function of the respiratory and circulatory systems, including the protective systems of the body with regards to the inhalation and retention of dust, and the diagnosis and treatment of disease affecting such systems; 2. The nature of asbestos and asbestos-related disease; 3. The symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent ofmedical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. The effect of exposure to substances, other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system; 6. Methods of diagnosis of various diseases with other non-asbestos-related diseases; 7. Incidence of lung cancer among individuals with asbestosis or asbestos exposure as compared to non-asbestotic asbestos workers, non-asbestos exposed workers and to the general population 8. Cigarette smoking and its effects on the lungs and other organs; 9. The relationship of cigarette smoking to cancer ofthe lung and cancers ofother body parts with reference to epidemiology studies and physiologic effect; 10. The difference between impairments and disability; 11. The effect of asbestosis or other asbestos-related disease, or asbestos exposure without asbestosis or other asbestos-related disease, on disability and life expectancy; 12. The lack of relationship between the presence of pleural plaques and a later development of any form of cancer; 13. The history of evolution and knowledge of asbestos-related diseases; 14. The import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposes by ny witness; . -9- 15. Cancer incidence in the general population and among asbestos workers and its potential causes; 16. The incidence ofmesothelioma among various kinds ofworkers exposed to asbestos, and the relative importance of various fiber types and the cause of mesothelioma 17. To the extent not covered above, asbestos medicine in general. _ Dr. Churg will express his opinion that the only established association concerning lung cancers and asbestos exposure is the association of asbestosis and lung cancers; that the association of occupational asbestos exposure and lung cancers is really the association of the specific disease, asbestosis and lung cancers; that only the confirmed presence of asbestosis potentially establishes asbestos as a contributing cause of lung cancer in a person with a significant smoking history; that absent asbestosis, asbestos does not cause an increased risk of lung cancers. Dr. Churg may testify that occupational exposure to asbestos without a confirmed diagnosis of asbestosis, provides no information about the cause of lung cancers and is not information supporting a conclusion that asbestos was a contributing factor in lung cancer. Dr. Churg may testify that pleural plaques, fiber burden counts and asbestos bodies also prov .e no information about the cause oflung cancers. Dr. Churg may testify as to what is asbestosis, whether there is an asbestos exposure threshold for asbestosis, what constitutes that threshold for asbestosis. In addition, Dr. Churg may testify about issues relevant to a Dcmbert/Havner, 'Robinson Analysis. Patrick M. Conoley, M.D. Kelsey Seybold Clinic 6624 Fannin, Suite 1800 Houston, Texas 77030 (713) 791-8787 _ Dr. Conoley is a medical doctor and "B" reader who will testify concerning his review of radiographs and CT scans of Plaintiff or Decedent. Dr. John E. Craighead Department of Pathology University of Vermont Burlington, Vermont 05405 The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Craighead has not as yet prepared a report; if he does, a copy will be provided to Plaintiffs. Dr. Craighead is a pathologist at the University of Vermont. He will testify generally about the evolution of asbestos disease; the pathology of asbestos-related diseases including those named as "Non-Routine"; the "state-of-the-art" ofasbestos-related diseases; and, will testify about other areas of pulmonary pathology including, but not limited to, emphysema, carcinomas, and related matters. -10- Dr. Craighead will testify regarding the diagnosis and cause ofplaintiffs' condition. He will discuss the differing physical, chemical and biological properties ofvarious types ofasbestos fibers, and will explain to thejury that chrysotile fibers are incapable ofcausing, or unlikely to have caused, plaintiffs' alleged condition. Dr. Craighead is expected to provide testimony in the following areas: 1. ........ 2. Anatomy and function ofthe respiratory and circulatory systems and the diagnosis and treatment of disease affecting such systems; .. ; The natureofasbestos and asbestosis; . 3. The symptomatology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; 4. The nature and extent ofmedical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; 5. The effect of exposure to substances other than asbestos on the development and manifestation ofobstructive and restrictive conditions and diseases ofthe respiratory system and other causes of obstnctive and restrictive disease or defects of the - respiratory system; - 6. Methods of diagnosis of various diseases, particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestosrelated diseases; 7. Incidence of lung cancer among individuals with asbestosis or asbestos exposure without asbestosis, compared with non-asbestotic asbestos workers, non-asbestos exposed workers, and with the general population; 8. The import of any exhibit (including without limitation, corporate documents of defendants) introduced as evidence, or any items prepared for use or used for demonstrative purposes by any witness; 9. Cigarette smoking and its effect on the lung and other organs; 10. The relative danger of these defendants' asbestos-containing products; 11. The relationship ofcigarette smoking to cancer ofthe lung and cancers ofother sites with reference to epidemiological studies and physiologic effect; 12. Difference between impairment and disability; 13. Effect of asbestosis, or asbestos exposure without asbestos, on disability and life expectancy; 14. Effect ofpleural plaques or other pleural manifestations ofasbestos exposure on lung function or life expectancy. -11- 15. The lack ofa relationship between pleural plaques and the development ofany cancer. In addition, Dr. Craighead may testify about issues relevant to zDaubert/Havner/Robinson Analysis. Dr. James Crapo 4650 South 4th Street Englewood, Colorado 80110 (303)'221-6695 '' . ._ * C"` The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr Crapo has not as yet prepared a report in this case; if he does, a copy will be provided to Plaintiffs. Dr. Crapo is board certified in internal medicine with a subspecialty certification in pulmonary diseases. Dr. Crapo practices medicine at the National Jewish Medical Center in Denver, Colorado. Dr. Crapo is expected to testify about the pulmonary aspects ofasbestos exposure, including matters such as dose response, pathogenicity, carcinogenicity, and the potential for asbestos-related disease as a result of exposures to the different types offibers. Dr. Crapo is expected to testify as to general medical issues and physiology. Dr. Crapo is expected to testify about alleged occupational exposure-as described by plaintiffs' witnesses-and whether such exposure could be considered a substantial contributing factor to plaintiff's alleged disease. Dr. Crapo is expected to testify about the principles of epidemiology and what is involved in an epidemiology 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 the risks for a group of people or persons 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 and how such analysis may be applied to the facts of a specific individual. Dr. Crapo is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases ofthe pulmonary system. Dr. Crapo may also testify about asbestos and its effect on the pulmonary system, including the diagnosis and prognosis of asbestos-related markers and diseases, and the risks associated with developing cancers. Dr. Crapo is also expected to testify about any matter raised by experts called by Plaintiffs or Co-Defendants including, but not limited to, plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. In addition. Dr. Crapo may testify about issues relevant to a Daubert/Havner/Robinson Analysis. -12- Dr. Scott G. Donaldson North.-Texas Pulmonary Associates 375 Municipal Drive, Suite 140 Richardson, Texas 75080 (972) 680-0666 - Dr. Donaldson is a specialists.in the area ofrespiratory diseases. Dr. Donaldson may testify as to all matters pertaining to his examination ofplaintiff and/or review of plaintiff s medical records, x-rays, and reports and supplemental reports of plaintiffs' experts; any communications with plaintiff or plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether plaintiff suffers from asbestos-related disease and the basis of such opinions; the Plaintiffs current medical condition and his prognosis thereof; the anatomy and function of the respiratory and circulatory systems; the natures of asbestos; the symptomology, disease process and diagnosis ofasbestosis and cancer associated with the respiratoiy system, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association of pulmonary disease with asbestos exposure; the affect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system; methods ofdiagnosis ofvarious diseases, especially the means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos-related diseases; incidence of lung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic affect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack of relationship between the presence of pleural plaques and a later development of any form of cancer. Sharon M. D'Orsie, Ph.D Eagle Environmental Health, Inc. 2600 Southwest Freeway, Suite 810 Houston, Texas 77098-4614 (713) 523-2453 Dr. D. 'Orsie will testify in the field ofindustrial hygiene and the state ofknowledge as it existed from time to time relating to the health effects of asbestos exposure. William L. Dyson, PhD, CIH Workplace Hygiene, LLC 1022 Jefferson Road P.O. Box: 49176 Greensboro, NC 27410 (336) 297-1642 Dr. Dyson is an industrial hygienist who will testify concerning the state ofthe knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. Dr. Dyson's C.V. is attached. -13- The above designated witnesses may also give testimony about the historical "state-of-the-art", the development ofmedical knowledge about asbestos, and presence or absence ofmedical consequences relating to low dose exposure to asbestos emanating from asbestos containing products. They may offer general testimony relating to the development of asbestos related disease, cigarette smoking, cancer of various organs, pneumonia, chronic obstructive lung disease, the pathology of cigarettes and asbestos, the pathogenesis ofcigarette related diseases, and the pathogenesis ofasbestos related diseases. These witnesses may also testify generally about specific abnormalities that might be tn-themedical records ofthe decedent. These witnesses may also testify about the presence or absence of health disease or health risks associated with exposure to low levels of asbestos emanating from asbestos containing products. They may also testify specifically about diseases, such as chronic obstructive pulmonary disease, even though they may not have seen decedent, or reviewed decedent's medical records. Defendant reserves the right to amend and supplement this response as additional information is located. Defendant reserves the right to call any person designated by any other party in this case as an expert witness, whether or not such party is still a party at the time of trial as well as all expert witnesses listed by Plaintiffs, custodians of records of any and all physicians, health care facilities, hospitals, . clinics and health care providers who have treated or examined the Plaintiffin this case who may have records concerning the plaintiff, and any physician who has examined and/or treated Plaintiff not identified. I. Allen Feingold, M.D. South Miami Hospital 7400 Southwest 62nd Avenue Miami, Florida - Dr. Feingold is the Chief of the Division of Pulmonary Medicine at South Miami Hospital. He will testify as a state-of-the-art witness generally and with respect to asbestos-containing products. He may also testify concerning the physiological and radiological aspects ofasbestos-related lung disease, including etiology, diagnosis, treatment, prognosis and epidemiology; the causes oflung cancer; the history ofthe medical science concerning our knowledge and understanding ofasbestos and asbestosrelated disease; fiber types, dose/response and threshold levels needed to produce disease; the relationship of asbestos exposure to other environmental factors and their comparative risks. Dr. Feingold will also testify that work with some asbestos-containing products does not result in dangerous asbestos fiber exposure and that any asbestos exposure from these products played no role in the genesis ofPlaintiffs' lung disease, if any. In addition, Dr. Feingold is expected to test about the various fiber release studies, performed at industrial hygiene laboratories, on the use of asbestos containing products. Dr. Feingold may testify, in general, concerning asbestos related diseases and the effects ofexposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos related diseases and the criteria for diagnosis of an asbestos related disease. He may also testify regarding the existence or non-existence of any asbestos related disease in the Plaintiffs, including, but not limited to pleural changes, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer -14- and stomach cancer. He may also testify on whether any asbestos related disease allegedly suffered by Plaintiffs was medically or proximately caused by exposure to asbestos containing gasket and packing products. He may also testify on the existence of a dose response relationship between exposure to asbestos and asbestos related disease. He may also testify on increased risk of cancer issues and whether a particular Plaintiffhas a reasonable fear ofcancer due to exposure to asbestos. He may also testify on the health consequences of smoking. .. Gregory H. Foster, M.B., P.C.C.F. North Texas Pulmonary Associates 375 Municipal Drive, Suite 214 Richardson, Texas 75080 (972) 680-0666 . Dr. Foster is a specialist in the area of respiratory diseases. Dr. Foster may testify as to all matters pertaining to his examination of plaintiff and/or review of plaintiff s medical records, x-rays, and reports and supplemental reports of plaintiffs' experts' any communications with plaintiff's family members; the diagnostic criteria used to diagnose asbestos-related diseases; his opinions as to whether plaintiff suffers form asbestos-related disease and the basis of such opinions; the PI :iffs current medical condition and his prognosis thereof; the anatomy and function of the piratory and circulatory systems; the natures of asbestos; the symptomology, disease process and diagnosis of asbestosis and cancer associated with the respiratory system, peritoneum and peritoneal cavity; the nature and extent ofmedical and scientific knowledge regarding any association ofpulmonary disease with asbestos exposure; the affect ofexposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system; methods ofdiagnosis ofvarious diseases, especially the means ofestablishing the differential diagnosis ofalleged asbestos-related diseases with other non-asbestos-related diseases; incidence oflung cancer among individuals with asbestosis as compared to non-asbestotic asbestos workers and to the general smoking to cancer ofthe lung and cancers ofother body parts with reference to epidemiology studies and physiologic affect; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; and the lack ofrelationship between the presence ofpleural plaques and a later development of any form of cancer. Elizabeth L. Green, PE. , Eagle Environmental Health, Inc. 2600 Southwest Freeway, Suite 810 Houston, Texas 77098-4614 (713) 523-2453 " Dr. Green will testify in the field ofindustrial hygiene and the state ofknowledge as it existed from time to time relating to the health effects of asbestos exposure. -15- Kathryn A. Hale, M.D. Assistant Professor of Medicine Baylor College of Medicine and the Methodist Hospital 6550 Fannin Smith Tower #1236 Houston, Texas 77030 . (713) 790-2076 _ - Dr. Hale is a specialist in the area of respiratory diseases. Dr. Hale may testify as to all matters pertaining to her examination of plaintiff and/or review of plaintiff s medical records, x-rays and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiffor plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether plaintiff suffers from asbestos-related diseases and the basis of such opinions; plaintiffs medical conditions. Dr. Hale may also testify regarding the anatomy and function ofthe respiratory and circulatory systems; the symptomatology, disease process and diagnosis ofasbestosis and cancer of the respiratory systems, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regard'ng any association ofpulmonary disease with asbestos fiber and the effect of exposure to substances ler than asbestos in the development and manifestation of diseases of the respiratory system; the methods of diagnosis and means of establishing the differential diagnosis of asbestos-related diseases with non asbestos-related disease; the incidence of lung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference between impairment and disability; the effect ofasbestosis on disability and life expectancy; the lack of relationship between pleural plaques and development of any cancer; the history of evolution and knowledge of asbestos-related diseases; the evolution of the medical community's awareness of the increased risks for an asbestos-related disease in cases of prolonged exposure. In addition, Dr. Hale may also offer various opinions relevant to a Daubert/Harner/Robinson Analysis. Dr. Elliott Hinkes 301 N. Prairie #311 Englewood, California 9030 (310) 674-0050 Dr. Hinkes will testify in the field of pulmonary medicine and oncology and the state of knowledge as it existed from time to time relating to health effects ofasbestos exposure. Dr. Hinkes may testify as to all matters pertaining to study and research concerning exposure to asbestos and its effect on the human body; as to exposure to asbestos in regard to the development of lung cancer, mesothelioma and other respiratory diseases; as to his examination and review ofPlaintiff's medical records, history, x-rays, and pathology material; his expert opinion as to whether Plaintiffsuffers from a respiratory disease and cause of such disease, including but not limited to asbestosis, lung cancer, mesothelioma and the basis for such opinion; and all other matters concerning Plaintiffs medical condition -16- Venessa Holland, M.D., MPH, P.A. Environmental Pulmonary Consultants 7515 South Main Street, Suite 670 Houston, Texas 77030 (713) 799-2224 Dr. Holland is a specialist in the area ofrespiratory diseases. Dr. Holland may testify asjo all matters' pertaining to her examination of plaintiff and/or review of plaintiff s medical records, x-rays, and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiffor plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to the existence of asbestos-related disease and the basis of such opinions; plaintiffs medical conditions; her prognosis with regard to such medical conditions; and, if applicable, her opinions as to the cause of death. Dr. Holland may also testify about general medical issues with emphasis on the respiratory system and the effect that asbestos and other substances have on human health generally and with respect to plaintiff specifically. Dr. Holland may testify concerning her examination and diagnosis of the physical condition of plaintiff and the relationship, if any, of such condition to plaintiffs exposure, if any, to asbestos. Dr. Holland may also testify regarding the anatomy and function of the respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory system, peritoneum and peritoneal cavity; the nature and extent of medical and scientific knowledge regarding any association of pulmonary disease with asbestos fiber and the effect of exposure to substances other than asbestos in the development and manifestation of disease of the respiratory system; the methods of diagnosis and means of establishing the differential diagnosis of asbestos-related disease with non asbestos-related diseases; the incidence oflung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effects on the lungs; the difference between impairment and disability; the effect of asbestosis on disability and life expectancy; the lack of relationship between pleural plaques and development of any cancer; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the medical community's awareness of the increased risks for an asbestos-related disease in cases of prolonged exposure. Also, Dr. Holland May testify as to any issues raised by plaintiffs' experts within her field ofexpertise. Dr. William G. Hughson UCSD Center for Occupational & Environmental Medicine 3500 Fifth Ave., Ste,, 102 San Diego, California 92103-5020 The words and language used in this statement are the words and language ofcounsel who prepared the statement, and not ofthe witness. Dr. Hughson has not prepared a report in this case. If a report is prepared, it will be provided to plaintiffs counsel. Dr. Hughson is board certified in pulmonology, internal medicine, and occupational medicine. Dr. Hughson also is an epidemiologist. Dr. Hughson practices medicine at the University of California, San Diego. . -17- Dr. Hughson is expected to testify about certain encapsulated products (where the asbestos fibers are throughly blended and mixed with the encapsulating binder which prevents a significant release of fibers) in that he has reviewed information and studies regarding exposure levels experienced with certain work practices used with encapsulated products, and is familiar with the literature concerning low level exposures. ,, Dr-. Hughson is expected-to-testify, based upon his review of the literature and of evidence of exposure, that exposure to certain encapsulated products was not a substantial contributing factor to plaintiffs' alleged asbestos-related disease. Dr. Hughson is expected to testify that the literature does not support a causal relationship between exposure to certain encapsulated products and the development of an asbestos-related disease. Dr. Hughson is expected to testify as to the ability of various types offibers to cause disease and the properties of fibers that are believed to be necessary in order to cause disease. Dr. Hughson is expected to testify generally about the pulmonary aspects of asbestos exposure, including matters such as dose response. Dr. Hughson is expected to testify about alleged occupational exposure and whether such ex osure could be considered a substantial contributing . factor to plaintiffs' alleged diseases. Dr. Hughson 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. Hughson is expected to testify as to the information necessary to determine the risks for a group of people or persons contracting an asbestos-related disease, and if it is scientifically possible to attribute a disease to a particular exposure. Dr. Hughson is expected to discuss epidemiological analysis of asbestos and how such analysis may be applied to the facts of a specific individual. ' In addition, Dr. Hughson may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Arthur Langer, Ph.D. Institute of Applied Sciences Brooklyn College of the City University New York, New York (718) 951-4793 Dr. Langer is a mineralogist with a Ph.D. from Columbia University. He is a Professor ofmineralogy at City University, New York, New York and Director of the Environmental Sciences Laboratory of the Institute of Applied Sciences a Brooklyn College of the City University ofNew York. Dr. Langer is expected to identify and describe the various methods by which inorganic material from aerosols, bulk samples or tissue may be analyzed chemically, crystallographically and structurally. Dr. Langer is expected to testify about the various types of asbestos fiber, the geographic locations where the fibers can be found, the potential biologic activity of the various fibers in the human lung (including inorganic toxicity), the physical and chemical characteristics ofthe various asbestos fibers, and the identification and characterization of asbestos fibers. Dr. Langer is expected to testify as to the types of inorganic minerals found in the lung tissue of persons with malignant mesothelioma and which are associated with the incidence of malignant mesothelioma in humans. He is expected to identify the types of fibers that have been shown to create an increased risk for malignant mesothelioma. Dr. Langer is expected to testify as to the physical and chemical characteristics of the fibers that have been shown to create an increased risk of malignant mesothelioma. ,, Dr. Langer is expected to testify as to the potential for certain finished asbestos containing products to be contaminated with inorganic minerals and the amounts ofthe types oftrace contaminants that may be found in the products. Dr. Langer is expected to offer testimony as to the amount of contaminants that are found in finished asbestos-contaminated products, if any, and the chemical, crystallographic and structural composition ofthe contaminants that can be generated from a finished product, if any. Dr. Langer is expected to testify, based upon his review ofthe literature and ofevidence ofexposure, that exposure to certain encapsulated products did not result in a release of any contaminants sufficient to cause disease in persons such as plaintiffs decedent. Dr. Langer is expected to testify that his work and the literature, do not establish that certain encapsulated products are contaminated with tremolite asbestos. . Dr. Langer may review the pathology, slides and other records available in this case and perform a fiber burden analysis. Dr. Langer will report on his findings as to whether there could have been an occupational exposure to asbestos. In addition, Dr. Langer may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Larry R. Liukonen, CIH,, CSP 5990 Scandia Lane Burleson, X 76028 (817) 453-0382Mr. Liukonen is a certified industrial hygienist. He will offer opinions based on information provided, his education, knowledge ofasbestos and asbestos related diseases, industrial hygiene and experience as a practicing industrial hygienist. In addition, he may offer opinions that exposure to asbestos fibers resulting from the use or removal of gasket or packing material is none or alternatively insufficient to cause or contribute to any asbestos related disease. James E. Lockey, M.D., M.S. Institute ofEnvironmental Health University of Cincinnati Medical Center Clinical Studies Division 5251 Medical Science Bldg., M.L. 182 -19- 231 Bethesda Ave. Cincinnati, Ohio 45267-0182 Dr. Lockey is a pulmonologist who is expected to testify either live or by deposition concerning plaintiffs' medical condition, cigarette smoking and lung disease, and generally about the pulmonary system and its functions as well as conditions and diseases, and the risks associated with developing cancers. Dr. Lockey is also expected to testify about .any matter raised by experts called by-the' Plaintiffs and Co-Defendants including, but not limited to, plaintiffs' medical condition, the state of medical knowledge concerning asbestos, asbestos-related disease and other occupational diseases. Dr. Lockey may also be expected to testify concerning the state ofthe available medical knowledge regarding asbestos related disease at the relevant historical periods of time. Included in his testimony will be discussion of the respiratory system, asbestos-related disease, and the effect of other substances on the respiratory system. Dr. Lockey will give factual testimony concerning his knowledge of relevant facts, as well as, an express opinions within his field of knowledge. He may also provide opinions on the probably time period(s) of asbestos exposure with relation to the causation of the disease mesothelioma. In doing so, he will also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. As a basis for opinion, he will rely in part upon scientific papers published by Peto, Seidman and Selikoff, Morgan and Lampshear, among others. Stacy Mills University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg. " Charlottesville, Virginia 22908 The words and language used in this statement are the words and language ofcounsel who prepared the statement, ancfnot of the witness. Dr. Mills has not as yet prepared a report; if she does, a copy will be provided to Plaintiffs. Dr. Mills is expected to provide testimony concerning the anatomic structure and functioning of the lung from a pathologic perspective, the defense mechanisms and functioning ofthe lung in health and otherwise, the response of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lungs. Dr. Mills is expected to describe and distinguish various types of asbestos fibers; to describe the tings which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. It is further believed that Dr. Mills will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Mills is further expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of some forms of mesothelioma in some -20- persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some population and the mortality and/or incidence of some forms of cancer. Dr. Mills is further expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be expqsed-te- asbestos containing products'and additionally concerning how the effects ofinhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Mills is also expected to testify that it cannot be said, to a reasonable degree of medical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos containing product(s) used and/or handled, resolution of questions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever condition are found to exist. It is further expected that Dr. Mills' testimony will generally respond to the pathologic scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependant upon the prior testimony of such experts and cannot be specifically predicted. In addition, Dr. Mills may testify about issues relevant to a Daubert/Havner/Robinson Analysis. John A Pendergrass, CIH, CSP, PE 6700 Milkhouse Court Mobile, AL 36695 (334) 607-0946 Mr. Pendergrass is a certified industrial hygienist. He will offer opinions based on information provided, his education, knowledge ofasbestos and asbestos related diseases, industrial hygiene and experience as a practicing industrial hygienist over a fifty year period. He will testify regarding state of the art issues and the historical development of knowledge about the toxicity of asbestos and exposure limits designed to protect the health of workers exposed to asbestos and the relative responsibility of the employers of such workers. Jack E. Peterson, P.E. Peterson Associates 2830 Via Viejas Oeste Alpine, California 91901 (619) 445-9668 -21- Dr. Peterson will testify in the field ofindustrial hygiene and the state ofknowledge as it existed from time to time relating to the health effects of asbestos exposure. Dr. Peterson will testify concerning industrial hygiene issues including threshold limit values, historical review and state of the art of pulmonary medicine and asbestos-related conditions. He may also provide opinions on the probable time period(s) of asbestos exposure with relation to the causation of the disease mesothelioma. In doing so, he will also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. As a basis for his opinion, he will rely in part upon scientific, papefs published by Peto, Seidman and Selikoff, Morgan and Lampshear, among others. James Rasmuson Chemistry and Hygiene, Inc. 4251 Kipling Suite 110 Wheat Ridge, Colorado 80033 Mr. Rasmuson is expected to testify in the areas of industrial hygiene and toxicology, including without limitation, retrospective exposure assessment, health risk assessment, substantial exposure factors, the relative and absolute exposure potentials of various asbestos products to produce dust, industrial hygiene and environmental standards and their basis, control technology and process specific aspects of exposure, analytical chemistry, chemistry, asbestos related measurement techniques, general industrial hygiene issues including the effects of ventilation and distance on exposure, and related subjects. He may also testify on the state of the art in the fields of industrial hygiene and toxicology concerning occupational and non-occupational asbestos exposures in earlier years. He may also calculate the possible percentage ranges of asbestos exposure from products. He may calculate the probability that any plaintiff would have contracted disease in the absence of exposure to various products. He may also perform other appropriate risk calculations and compare a plaintiffs alleged exposure to the industrial hygiene standards of the alleged time period. He may render various opinions relevant to Daubert/Havner/Robinson analysis Victor L. Roggli, M. D. Department of Pathology Duke University, Medical Center Durham, North Carolina 27710 (919) 286-0411 Dr. Roggli is a specialist in pulmonary pathology. He will testify as to all matters pertaining to the plaintiffs medical records; his examination ofthe plaintiff if he has made such an examination; if he has personal knowledge of such and any communication with the plaintiff or plaintiff s family; his review ofx-rays ofthe plaintiff; the diagnostic criteria used to diagnose an asbestos related disease; his opinion as to whether plaintiff suffers from asbestos related diseases and the basis for such opinion; plaintiff s current medical condition and prognosis; and he may testify that asbestos exposure does not cause stomach or small bowel cancer. It is further expected that Dr. Roggli's testimony will generally respond to the pathologic, scientific -22- and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony ofsuch experts and cannot be specifically predicted. In expressing his opinions, Dr. Roggli will rely on his own training, education, experience, research and publications, as well as the published medical and scientific literature that has been available to him over his career. _ Robert M. Ross, M.D., FCCP 6550 Fannin Street, Suite 2403 Houston, Texas 77030 (713)383-6100 Dr. Ross is a specialist in the area of respiratory diseases. Dr. Ross may testify as to all matters pertaining to his examination of plaintiff and/or review of plaintiff s medical records, x-rays, and reports and supplemental reports ofplaintiffs' experts; any communications with plaintiffor plaintiff s family members; the diagnostic criteria used to diagnose asbestos-related diseases; hi ''minions as to whether plaintiff suffers from asbestos-related disease and the basis of such opir is; plaintiffs medical conditions; his prognosis with regard to such medical conditions; and, h applicable, his opinions as to the cause of death. Dr. Ross may also testify about general medical issues with' emphasis on the respiratory system and the effect that asbestos and other substances have on human health generally and with respect to plaintiff specifically. Dr. Ross may testify concerning his examination and diagnosis.of the physical condition of plaintiff and the relationship, if any, of such condition of plaintiffs exposure, if any, to asbestos. - Dr. Ross may also testify regarding the anatomy and function of the respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory systems, peritoneum and peritoneal cavity; the nature and extent ofmedical and scientific knowledge regarding any association of pulmonary disease with asbestos fiber and the effect of exposure to substances other than asbestos in the development and manifestation of diseases of the respiratory system; the methods of diagnosis and means of establishing the differential diagnosis of asbestos-related diseases with non asbestos-related diseases; the incidence of lung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference between impairment and disability; the effect ofasbestosis on disability and life expectancy; the lack of relationship between pleural plaques and development of any cancer; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the medical community's awareness of the increased risks for an asbestos-related disease in cases of prolonged exposure. In addition, Dr. Ross may testify about issues relevant to a Daubert/Havner/Robinson Analysis. Dr. Robert Shephard University of Texas Medical Branch at Tyler 11937 U.S.Hwy 271 Tyler, Texas -23- (903) 877-7100 Dr. Shephard is a "B" reader and may testify regarding the radiographs ofthe Plaintiffs. Further, he may also offer opinions and/or rebuttal testimony as necessary to Plaintiff s experts' claims and related topics. Dr. Russell P. Sherwin Department of Pathology ~ USC School of Medicine Los Angeles, California 90033 (323)442-1165 . ; ---- . Dr. Sherwin may also testify in the field of pulmonary medicine and the results of his examination of the records and radiographs regarding Plaintiffs. He will testify as to whether the alleged injuries of the Plaintiffs can be attributed to asbestos exposure or not, based on the medical and scientific literature. Upon review ofPlaintiffs' .....dical records and pathology materials, Dr. Sherwin may testify about Plaintiffs' medical conditions and its causes. His testimony may include.a discussion of asbestos and its effects on human health generally and on the Plaintiffs' conditions specifically and the effect of other substances on human health generally and on the Plaintiffs' condition specifically. Dr. Sherwin may testify regarding the increased risk ofcancer faced by individuals who smoke cigarettes or other tobacco products and the link between smoking and cancer. He may testify about the relationship between asbestos ^exposure and cancer and the methods by which it can be determined whether a particular cancer is related to asbestos exposure. He may apply these principles to Plaintiffs' cases. Dorsett Smith, M.D. 4310 Colby Avenue Everett, Washington 98203 Dr. Smith is an internal medicine physician with a sub-speciality in pulmonary disease and "B" reader who may testify concerning the review of the radiographs and CT scans, if any, of the Plaintiff or Decedent. Dr. Smith may also testify in the field of occupational and pulmonary medicine and the state ofknowledge as it existed from time to time relating to the health effects of asbestos exposure. Dr. Smith may also testify based on experience and on knowledge of applicable literature, regarding the known relationship or lack of relationship between asbestos exposures and certain diseases. He may also render various opinions relevant to a Daubert/Havner/Robinson Analysis. Mr. John W. Spencer, CIH, CSP Environment Profiles, Inc. 813 Frederick Baltimore, Maryland 21228 Mr. Spencer will testify in the field ofindustrial hygiene and the state ofknowledge as it existed from -24- time to time relating to the health effects of asbestos exposure. Gail D. Stockman, M.D., Ph.D. Longview Pulmonary Consultants 703 East Marshall, Suite 4002 Longview, Texas 75601 '(903)753-0787 '" . .. f-- -- .' Dr. Stockman is a specialist in the area of respiratory diseases. Dr. Stockman may testify as to all matters pertaining to her examination ofplaintiffand/or review ofplaintiffs medical records, x-rays, and reports and supplemental reports of plaintiffs' experts; any communications with plaintiff or plaintiffs family members; the diagnostic criteria used to diagnose asbestos-related diseases; her opinions as to whether plaintiff suffers from asbestos-related disease and the basis of such opinions; plaintiff s medical conditions; her prognosis with regard to such medical conditions; and, ifapplicable, her opinions as to the cause of death. Dr. Stockman may also testify about general medical issues with emphasis on the respiratory system and the effect that asbestos and other substances have on human health generally and with respect to plaintiffspecifically. Dr. Stockman may testify concerning her examination and diagnosis ofthe physical condition ofplaintiff and the relationship, ifany, ofsuch condition of plaintiffs exposure, if any, to asbestos. Dr. Stockman may also testify regarding the anatomy and function ofthe respiratory and circulatory systems; the symptomatology, disease process and diagnosis of asbestosis and cancer of the respiratory systems, peritoneum and peritoneal cavity; the nature and extent ofmedical and scientific knowledge regarding any association of pulmonary disease with asbestos fibers and the effect of exposure to substances other than asbestos in the development and manifestation of diseases of the respiratory system; the methods of diagnosis and means of establishing the differential diagnosis of asbestos-related diseases with non asbestos-related diseases; the incidence of lung cancer in the general population and those individuals exposed to asbestos; cigarette smoking and its effect on the lungs; the difference between impairment and disability; the effect ofasbestosis on disability and life expectancy; the history of evolution and knowledge of asbestos-related diseases; and the evolution of the medical community awareness of the increased risks for asbestos-related disease in cases of prolonged exposure. Dr. Stockman may testify regarding the historical review and state of the art of pulmonary medicine and asbestos-related conditions; the state ofscientific and medical art and the history and knowledge of asbestos-related disease in general; and epidemiology and general medicine regarding asbestos exposure. Dr. Stockman may provide opinions on the probable time period(s) of asbestos exposure with relation to the causation of various disease processes. In doing so, Dr. Stockman may also provide percentages of probability of causation for exposure to asbestos from first exposure to last exposure. In addition, Dr. Stockman may offer opinions relevant to a Daubert/Havner/Robinson Analysis. -25- Hans Weill, M.D. Tulane University - School of Medicine 1700 Perdido Street Second Floor New Orleans, Louisiana 70112 Dr. Weill is a pulmonary specialist. Dr. Weill will testify generally about asbestos-related disease's' and diseases of the lungs, chest, respiratory system and other organs of the body. He may offer general testimony relating to cigarette smoking, cancer ofvarious organs, cancer risk associated with cigarette smoking, asbestos exposure and other causative factors, and the pathogenesis and diagnosis of disease, including asbestos-related diseases. Dr. Weill may testify as to the various types of asbestos fibers and their role in the causation of disease. He may also testify as to state-of-the-art medical as it relates to knowledge ofhealth hazards associated with exposure to asbestos-containing dust in varying doses and in varying industries, based on his review ofasbestos-related literature, and his own experience. Dr. Weill may testify specifically about plaintiffs' medical condition by relating these general principles to plaintiffs' or plaintiffs' decedents' specific medical history through review of records, x-rays, or by hypothetical. Dr. Hans Weill, may testify, -in general, concerning asbestos related diseases and the effects, of exposure to asbestos upon person in occupational settings, including the epidemiology of asbestos related diseases and the criteria for diagnosis of an asbestos related disease. He may also testify regarding the existence or non-existence ofany asbestos related disease in the plaintiffs, including but not limited to pleural plaques, asbestosis, lung cancer, mesothelioma, laryngeal cancer, esophageal cancer and stomach cancer. He may also testify on whether any asbestos related disease allegedly suffered by plaintiffs was medically or proximately caused by exposure to asbestos containing gasket and packing products. He may also testify on the existence of a dose response relationship between exposure to asbestos and asbestos related disease. He may also testify on increased risk of cancer issues and whether a particular plaintiff has a reasonable fear of cancer due to exposure to asbestos. He may also testify on the health consequences of smoking. With respect to particular plaintiffs, he may testify as to review and interpretation ofx-ray films, review and interpretation ofpulmonary function testing, the nature and extent of any impairment or disability, whether the condition is progressive and whether other disease or conditions are present in plaintiffs. Dr. Weill's testimony will be based on his training, experience, education, and review ofthe medical literature concerning asbestos related disease. In addition, Dr. Weill may testify about issues relevant to a Dembert/Havner/Robinson Analysis. Dr. Frank Weir 5629 FM 1960, Suite 340 Houston, Texas 77069 (281) 893-4003 Dr. Weir is expected to testify in the field of pharmacology, toxicology and industrial hygiene. -26- generally, and particularly as they relate to asbestos fiber exposure in various work places. Also may offer testimony that it is improbable, and scientifically unlikely that plaintiff ever received physiologically meaningful exposures to asbestos fibers. He may also testify regarding the knowledge ofthe toxicology and appreciation for the hazards relating to the use ofasbestos-containing materials at various intervals oftime that are of interest in this matter. Dr. Weir may also respond to testimony ofcertain witnesses offered at the time oftrial. He therefore^... ''reserves the right to supplement, amend or to otherwise modify the opinions fo be Offered accordingly. He will continue to review material which may come to his attention regarding this material. Dr. Weir may utilize this material to develop additional opinions and conclusions or modify his opinions and conclusions if such further evidence of information so warrants. Dr. Weir may testify as to state-of-the-art of the hazards of asbestos insulation products and the conduct of various industries and companies based on that knowledge. Dr. Weir's opinions will be based upon his education, experience and professional training, his review of relevant medical, epidemiological, scientific and technical literature, and his review and analysis of the case'specific materials provided to him concerning this matter. He may also render various opinions relevant to a Daubert/Havner/Robinson: malysis. Mark Wick University of Virginia Health Systems Department of Pathology Box 214 OMS-Bldg., Room 3882 Charlottesville, Virgina 22908 (804) 924-9038 . The words and language used in this statement are the words and language of counsel who prepared the statement, and not of the witness. Dr. Wick has not as yet prepared a report; ifhe does, a copy will be provided to Plaintiffs. Dr. Wick is expected to provide testimony concerning the anatomic structure and functioning ofthe lung from a pathologic perspective, the defense mechanisms and functioning ofthe lung in health and otherwise, the responses of the lung to various stimuli, and the role of various components of the respiratory system in the proper functioning of the lung. Dr. Wick is expected to describe and distinguish various types ofasbestos fibers; to describe the things which affect the ability of asbestos fibers to affect various structures within the respiratory system; and to describe the body's specific responses to fibers of asbestos that are inhaled, whether or not they are retained. Ifis further believed that Dr. Wick will define and distinguish various conditions, such as asbestosis, pleural changes and other non-malignant changes that may be attributable in some persons to the results of long term inhalation and retention of some forms of asbestos fiber. Dr. Wick is further -27- expected to be able to testify concerning the circumstances under which exposure to certain forms and types of asbestos may be associated with the incidence of some forms of mesothelioma in some persons, and will testify concerning the results of his own experiences, the medical and scientific literature, and existing epidemiologic studies concerning associations that are alleged to exist epidemiologically between exposure to asbestos in some populations and the mortality and/or incidence of some forms of cancer. ,, ' Dr. Wick is further expected to offer testimony concerning the effects ofinhaled tobacco smoke and other factors on the occurrence of disease in populations who are also alleged to be exposed to asbestos containing products and additionally concerning how the effects of inhaled tobacco smoke and other factors can confound the apparent results of certain epidemiologic studies. Dr. Wick is also expected to testify that it cannot be said, to reasonable degree ofmedical probability, that any hypothetical person's alleged "exposure" to products that may have contained asbestos was of importance to that individual without reference to that specific person's individual work history, medical history, findings on physical examination and pathological examination of tissue, if any, information concerning the individual's use of protective equipment, specific types of asbestos containingproduct(s) used and/or handled, resolution ofquestions regarding exposures to substances other than asbestos-containing products, and other known etiologies for whatever conditions are found to exist. It is further expected that Dr. Wick's testimony will generally respond to the pathologic, scientific and epidemiologic testimony which may be offered by plaintiffs' experts, and in that sense his testimony is dependent upon the prior testimony ofsuch experts and cannot be specifically predicted. The above designated witnesses may also give testimony about the historical "state-of-the-art", the development ofmedical knowledge about asbestos, and presence or absence ofmedical consequences relating to low dose exposure to asbestos emanating from asbestos containing products. They may offer general testimony relating to the development of asbestos related disease, cigarette smoking, cancer of various_organs, pneumonia, chronic obstructive lung disease, the pathology of cigarettes and asbestos, the pathogenesis ofcigarette related diseases, and the pathogenesis of asbestos related diseases. These witnesses may also testify generally about specific abnormalities that might be in the medical records of the decedent. These witnesses may also testify about the presence or absence of health disease or health risks associated with exposure to low levels of asbestos emanating from asbestos containing products. They may also testify specifically about diseases, such as chronic obstructive pulmonary disease, even though they may not have seen decedent, or reviewed decedent's medical records. Defendant reserves the right to amend and supplement this response as additional information is located. Defendant reserves the right to call any person designated by any other party in this case as an expert witness, whether or not such party is still a party at the time of trial as well as all expert witnesses listed by Plaintiffs, custodians of records of any and all physicians, health care facilities, hospitals, clinics and health care providers who have treated or examined the Plaintiffin this case who may have records concerning the plaintiff, and any physician who has examined and/or treated Plaintiff not -28- identifed. -29- Strong, Pipkin, Nelson, Bissell & Ledyard, LLP. ATTORNEYS AT LAW BEAUMONT OFFICE 1400 SAN JACINTO BUILDING 595 ORLEANS BEAUMONT, TEXAS 77701-3255 TELEPHONE (409) 981-1000 FACSIMILE (409) 981-1010 HOUSTON OFFICE 1111 BAGBY SUITE 2300 HOUSTON, TEXAS 77002-2546 TELEPHONE (713) 651-1900 FACSIMILE (713) 651-1920 November 29, 2000 Holly Huart BARON & BUDD 3102 Oak Lawn Ave, Suite 1100 Dallas, TX 75219-4281 RE: Edward Lambert vs\ Pronko, et al; In the County Court ofLaw U_4, Dallas County, Texas; Cause No. CC-00-2180-D Dear Ms. Huart: Enclosed please find ExxonMobil Corporation's Responses to Plaintiff's Request for Disclosure in the above referenced case. Also enclosed is a Notice of Filing. Please do not hesitate to contact our office should you have any questions or comments. Very truly yours, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. Enclosure cc: All counsel of record CAUSE NO. 12540*BH00 EDWARD J. LAMBERT, ET AL VS. PROKO INDUSTRIES, INC., ET AL IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23RD JUDICIAL DISTRICT EXXON MOBIL CORPORATION'S RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR DISCLOSURE COMES NOW EXXON MOBIL CORPORATION, one of the Defendants in the above entitled and numbered cause, responds to Request for Disclosure as to Plaintiff,'Edward J. Lambert pursuant to Tex.R.Civ.P. 194.2. (a) EXXON MOBIL CORPORATION ' (b) Defendant is unaware of any additional parties Defendant may seek to add to this litigation; however, the Defendant reserves the right to enforce the settlement credit and/or to submit the fault of the settling Defendants all of whom are listed in Plaintiffs' pleadings and discovery responses. (c) Defendant's theories, based upon discovery as completed to date, are as follows: Defendant denies that Plaintiffs were exposed to asbestos containing products on any premises owned or operated by this Defendant or to any product which emanated from any premises owned or operated by this Defendant. Defendant denies that Plaintiffs, were exposed to asbestos products on Defendant's premises at a level sufficient to have caused or contributed to any asbestos related disease. Defendant denies that any dangerous condition existed at its facilities at any time Plaintiffs, may have been present as a business invitee. Defendant denies that it was negligent or grossly negligent or that its actions were a proximate cause of any injury or illness to Plaintiffs. Defendant did not breach any duty owed to Plaintiffs, given the applicable state of the art, nor did Defendant proceed with conscious indifference to the safety of Plaintiffs, with subjective awareness of any extreme degree of risk considering the probability and magnitude of the potential harm to Plaintiffs. Defendant denies that the Plaintiffs have been damaged as alleged and denies that Plaintiffs' illnesses were caused by asbestos exposure. Defendant denies having supplied material or products which were defective. In the DN0/24727/186973 1 alternative, Defendant contends that any illness of Plaintiffs was the result of exposure to products or actions of companies over whom this Defendant had no control, including asbestos product manufacturers, cigarette manufacturers, and contractors. Defendant asserts the affirmative defense of contributory negligence which will be developed through discovery. Defendant denies controlling the details ofthe work ofPlaintiffs, as they were at all times independent contractor employees. In the alternative, Defendant denies exercising control over the details-- of Plaintiffs' work to such an extent that Plaintiffs were borrowed servants of Defendant. The imposition of punitive damages would violate Defendant's due process rights guaranteed by the Fourteenth Amendment to the United States Constitution and by the due process provisions of the Texas Constitution, and would be improper under the common law and public policies of the State of Texas. Any award of exemplary or punitive damages, in the absence of appropriate standards, would be unreasonable, arbitrary, capricious and confiscatory, and have no relation to any fact and, therefore, afford Defendant no adequate means of defense. However, if punitive damages are awarded. Defendant asserts that damages are capped. Defendant .acmes participation in any civil conspiracy to withhold knowledge of effects of asbestos exposure from workers. Defendant denies that it acted in any way to aide, abet, encourage or induce any other Defendant to commit any negligent or fraudulent act. Please refer also to Defendant's pleadings on file which are incorporated herein. Defendant reserves the right to amend, supplement or modify its theories as warranted by future discovery. The following persons have knowledge of relevant facts: Edward J. Lambert Plaintiff 75-7026 Alii Drive Kailua Kona, Hawaii 96740 Dana C. Lambert Daughter of Edward J. Lambert 8501 Leawood Boulevard Houston, Texas 77072 (713) 933-4627 n Cindy Durtyer Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Diana Dillard Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Mary Hutchison Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Henry Earl Holder Post Office Box 231 Goodrich, Texas 77335 (936) 365-3342 William Joseph Haining 5423 Whispering Creek Way Houston, Texas 77017 (713)943-2099 George Edwin Jones 865 Walnut Creek Road Simsboro, Louisiana 71275 (318) 247-3201 John Theodore Kayda, Sr. 1610 Atlanta Street Deer Park, Texas 77536 (281) 479-8591 Felix D. Luna 8727 Kirkmont Drive Houston, Texas 77089 (281)484-1705 3 Preston Colvin Powell 607 Caperton Road Houston, Texas 77022 (713) 697-166 ........ Harry Max Moore 13934 Amber Lane Montgomery'Texas 77356-5235 (409)588-3114 Lee Roy Cervenka 111 Old Angleton Road Lake Jackson, Texas 77566 (409) 265-4434 Billy Winston Stevens 114 Perth Road Victoria, Texas 77904 (361) 572-8281 . . John Flowers 4817 Hummingbird Street Houston, Texas 77035 (713) 723-1368 Tom Dement, Jr. Rout 1, Box 44-B Jacksonville, Texas 75766 (903) 586-8872 Harold Wayne Bassham P.O. Box 262 Cisco, Texas 76437 (254) 442-3813 The following people are physicians: Dr. Hector Battifora 1752 Wilson Avenue Arcadia, California 91006 (626) 836-9147 DNO/24727/186973 4 Dr. Mark C. Clark Pulmonary & Critical Care Consultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 Dr. Lisa Rouse 707 Hill Country Drive, Suite 106 Kerrville, Texas 78028 (830) 896-0404 Dr. Rebecca Barrington 218 Sidney Baker Street Kerrville, Texas 78028 (830) 792-3434 Dr. T.A. Berg Surgical Associates 710 Water Street, Suite 606 Kerrville, Texas 78028 (830) 896-6262 Dr. Michael E. Jackson Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Dr. Joseph Vinas Surgical Associates 710 Water Street, Suite 606 Kerrville, Texas 78028 (830) 896-6262 Dr. Clif Arrington P.O. Box 649 Kailua Kona, Hawaii 96750 (808) 322-9400 Dr. Ronald P. Mahoney 7777 Southwest Freeway, Suite 24 Houston, Texas DNO/24727/186973 5 Dr. Grover Hubley 813 Sate Street Madisonville, Texas 77864 Dr. Mitchell 2801 East 29th Street Biyan, Texas 77802 Dr. Allen K. Young 1404 Bristol Street Bryan, Texas 77802 ' Dr.Philip T. Cagle Center for Pulmonary Patholoy Baylor College ofMedicine One Baylor Plaza Houston, Texas 77030 ' (713) 798-3671 . Dr. Lattimere Kailua Kona, Hawaii The following are custodians of records at locations where plaintiff was treated Custodian of Records Southwest Memorial Hospital Houston, Texas Custodian of Records St. Joseph Hospital 2801 Franciscan Drive Bryan, Texas 77802 Custodian of Records Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas Custodian of Records Kailua Kona Community Hospital Kailua Kona, Hawaii DNO/24727/186973 6 Custodian of Records Peterson Home Care and Hospice Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 The'following are plaintiffs loss of consortium/egregiousness of the harm witnesses: Daena Blackwood 5324 Dunnarast Valley Coal Birmingham, Alabama 35242 (205) 980-5727 Cindy Switzer, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 . Kristin Foster, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 . Christine Bivens, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Tammy Ficker, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Ronda Holt, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 DNO/24727/186973 7 Jaime Roath, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Tara Narboune, L. V.N. Sid Peterson.Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 . Lilliam Forte, L.V.N. Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 . Defendant's-investigation as well as discovery is continuing and Defendant reserves the right to designate at a later date people who are present or former employees ofEXXON MOBIL CORPORATION and who may have knowledge about the physical layout of the facility, safety practices and rules, the work done by contractors, the responsibilities of Plaintiffs' employer and anticipated knowledge of unions, the policies of the facility as respect to contractor employees, knowledge of potential asbestos hazards, the lack of information received from asbestos product manufacturers, and the use or non-use of asbestos-containing products. Any other persons or witnesses designated by any by any other party. All other witnesses or persons with knowledge of relevant fact designated by any other party. Defendant's investigation as well as discovery is continuing and Defendant reserves the right to supplement this response as additional information is located. See Expert List attached as Exhibit "A" and incorporated by reference as if fully listed herein; In addition. Defendant reserves the right to call all expert witnesses listed by plaintiffs' including but not limited to: 8 Dr. Richard Cohen 19242 Panorama Drive Saratoga, California (415) 424-5156 Dr. Cohen will testily about asbestos and the diseases caused by asbestos generally. _ Dr. Barry Castleman 1722 Linden Avenue Baltimore, Maryland 21217 (410) 462-5135 .' Dr. Castleman will testify about asbestos and the diseases caused by asbestos generally. He will also testify about matters referred to in the designations of Drs. Joseph K. Wagoner, Richard A. Lemen, Gerritt Schepers and David Egilman. Dr. Joseph K. Wagoner (by Deposition) Dr. Wagoner will testify about asbestos and the diseases caused by asbestos generally. Dr. Gerritt Schepers 9513 Locust Hill Drive Great Falls, Virginia 22066 (703) 757-9714 Dr. Schepers will testify about asbestos and the diseases caused by asbestos generally. Dr. David Ozonoff Boston University School of Public health Building A-501 80 East Concorde Street Boston, Massachusetts 02118 (617) 638-4620 Dr. Ozonoff will testify about asbestos and the diseases caused by asbestos generally. Dr. Thomas Mancuso (Live or by Deposition) 5127 Elsworth Pittsburgh, Pennsylvania (412) 683-6321 DNO/24727/186973 9 Dr. Mancuso will testify about asbestos and the diseases caused by asbestos generally. Dr. David Egilman (Live or by Deposition) South Shore Health Center 759 Granite Street Braintree, Massachusetts (617) 848-1950- '' "' Dr. Egilman will testify about asbestos and the diseases caused by asbestos generally. Dr. David Lilienfeld Box 1057 Mt. Sinai School of Medicine 1 Gustave Levy Place New York, New York 10029-6574 (212) 241-4785 Dr. Lilienfe! ill testify about asbestos and the diseases caused by asbestos generally. ' Dr. Robert G. Fraser 2766 Summit Circle Birmingham, Alabama 35216 (205) 979-1123 Padanarum Road P.O. Box 558 Bolton Landing, New York 12814 (518) 644-2220 Dr. Fraser will testify the Plaintiffhas chest x-ray changes consistent with asbestos-related disease. Dr. Arthur N. Rohl 10 Stouts Valley Road Easton, Pennsylvania 18042 (610) 258-5965 Dr. Rohl will testify about asbestos and asbestos-containing products generally. John D. McCann 195 Bouffard LaSalle, Ontario British Columbia N9J1E9 (519) 734-7889 DNO/24727/l 86973 10 Mr. McCann was employed by Bendix at its Ontario, Canada plant in the brake shoe department from 1964 to 1981. From 1975 to 1981 he was the United Auto Workers Health and Safety representative at the plant. He is expected to testify about safety practices in the plant. Roger Shack P.O.Box 356 Montevallo,. Alabama 35115 (Telephone unknown) __ "' .' Mr. Shack was employed by Sepco Corporation from 1970 to 1983 where his duties included cleaning machines that made asbestos products. Mr. Shack is expected to testify either live or by deposition regarding the extent of Sepco's knowledge of the dangers of asbestos while he was employed by Sepco. Nathan Fochtmann Route 6, Box 49 Montevallo, Alabama 5115 (Telephone unknown) Mr. Fochtmann was employed by Sepco from approximately 1969 to 1986. Mr. ' Fochtmann will testify either live or by deposition regarding his knowledge of Sepco's continuing practice while he was employed of burying asbestos behind Sepco's Pelham plant. Dr. John Dement 109 Kilbreck Drive Cary, North Carolina 27511 (919) 387-2252 Dr Dement will testify about asbestos and the diseases caused by asbestos generally. Dr. Richard A. Lemen 3495 Highgate Hills Drive Duluth, Georgia 30155 (770) 497-0770 Dr. Lemen will testify as an expert and fact witness about asbestos and the diseases caused by asbestos generally. Mr. Alan M. Segrave Materials Analytical Services, Inc. 3597 Parkway Lane, Suite 250 Norcross, Georgia 30092 (404) 448-3200 11 Mr. Alan M. Segrave may testify about asbestos and asbestos-containing products generally. Dr. Bill Johnson 2948 Foxhall Circle Augusta, Georgia 30907 (706) 863-4270 . , Dr. Johnson was employed by National Institute of Occupational Safety & Health. He may testify about safety practices in Pittsburgh Coming Corporation's plants, Pittsburgh Coming Corporation's failure to follow safe practices and governmental requirements and regulations. Dr. Johnson will also testify about matters referred to in the designations of Drs. David Egilman, Richard A. Lemen, Barry Castleman, Joseph K. Wagoner and Gerritt Schepers. E. Lynn Schall, Consultant Certified Industrial Hygienist 510 Edgewood Drive Collingswood, New Jersey 08108 (609) 858-0003 or (609)967-3313 ' Mr. Schall will testify regarding threshold limit values and industrial hygiene with respect to the use of Defendants' asbestos-containing products, and asbestos-containing products generally. Dr. Gerlad E. Markowitz 600 West 111th Street New York, New York 10025 (212) 237-8458 Dr."Markowitz will testify concerning the state of the art, including the history of occupational safety and health and particularly the history of occupational disease. Mr. George M. Kraus 11 Drake Lane Upper Saddle River, New Jersey 07458 (201)327-2105 Mr. Kraus will testify generally about the asbestos-containing materials and products manufactured and/or supplied by the Defendant Westinghouse Electric Corporation. Dr. L. Christine Oliver Pulmonary and Critical Care Unit Massachusetts General Hospital Boston, Massachusetts 02114 (617)726-1721 DNO/24727/186973 12 Dr. Oliver may testify based upon her (or his) review of Plaintiffs (or Decedent's) medical records, x-rays, and bills for medical services and that such medical bills are reasonable and necessary. Dr. Oliver may testify with regard to Plaintiffs (or Decedent's) diagnosis of asbestos-related disease, asbestosis, pleural plaques or thickening, or cancer. Dr. Oliver may also testify with regard to Plaintiffs (or Decedent's) increased risk of contracting lung cancer or mesothelioma or other cancers as a result of his/her asbestos___ exposure. Dr. Oliver may also testify to causation. Additionally, Dr. Oliver may also testify regarding Plaintiffs (or Decedent's) medical expenses. Dr. Edwin C. Holstein Environmental Health Associates, P.?A. 20 Park Plaza, Suite 1028 Boston, Massachusetts 02116 (617) 357-4901 Dr. Holstein may testify concerning asbestos generally and causation in particular. Stephen Berger 10564 Eastbome Avenue Los Angeles, California 90024 ' Mr. Berger may testify as to the existence of substitute products for asbestos-containing materials manufactured and/or supplied by Defendants. Dr. Gaeton D. Lorino 6701 Airport boulevard. Suite A-101 Mobile, Alabama 36609 (334)633-8880 Dr.-Lorino may testify as a physician on the Plaintiffs physical examination, the results of the various diagnostic tests performed on the Plaintiff and his diagnosis ofth4e Plaintiffs health status and risks associated with the diseases from which the Plaintiff presently suffers. Dr. Steven Levin Department of Environmental Medicine Mt. Sinai Medical School One Gustave Levy Place New York, New York (212)241-7810 Dr. Levin may testify as a physician on the Plaintiffs physical examination, the results of the various diagnostic tests performed on the Plaintiff and his diagnosis of the Plaintiff's health status and risks associated with the disease from which the Plaintiff presently suffers. 13 Dr. Mark Clark Pulmonary & Critical Care Consultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 Dr. Clark may testify as a physician on the Plaintiffs physical examination, the resufts of various diagnostic tests performed on the Plaintiff and his diagnosis ofthe Plaintiffs'*" health status and risks associated with the diseases from which the Plaintiffpresently suffers. Dr. James Ballard Princton Diagnostic 817 Princeton Avenue Birmingham, Alabama (205) 783-3700 . Dr. Ballard may testify concerning his review of Plaintiffs chest x-rays and his classification ofthese chest x-rays under the ILO 1980 Classification. Dr. Ballard will also testify about matters referred to in the designation of Dr. Christine Oliver. Dr. Steven Dikman One Gustave Place Annenberg Building 15/58 Department of Pathology New York, New York 10029 (212) 241-7343 (212) 241-8014 Dr. Dikman may testify that based on his review of the medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Dikman will testify about the general pathology of asbestos-related diseases. Further, Dr. Dikman will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Eugene Mark Massachusetts General Hospital Department of Pathology 32 Fruit Street, Warren II Boston, Massachusetts (617) 726-8891 Dr. Mark may testify that based on his review ofthe medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiff's (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Mark will testify about the general pathology of asbestos-related diseases. Further, Dr. Mark will also testify DNO/24727/186973 14 about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Martin Lewis Palms of Pasadena Hospital 1501 Pasadena Avenue South St. Petersburg, Florida (813)341-7505 "____ Dr. Lewis may testify that based on his review of the medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Lewis will testify about the general pathology of asbestos-related diseases. Further, Dr. Lewis will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. David H. Groth 8953-C Harper Points Drive Cincinnati, Ohio 45249 (513) 489-6351 Dr. Groth may testify that based on his review of the medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Groth will testify about the general pathology ofasbestos-related diseases. Further, Dr. Groth will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Jerrold Abraham Department of Pathology State University of New York 750 East Adams Street Syracuse, New York 12310 (315)464-4750 Dr. Abraham may testify that based on his review of the medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiff's (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Abraham will testify about the general pathology of asbestos-related diseases. Further, Dr. Abraham will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Sam Hammar Diagnostic Specialties Laboratory 700 Lebo Boulevard, P.O. Box 2171 Bremerton, Washington 98310 (206) 479-7707 Dr. Hammar may testify that based on his review ofthe medical records, diagnosis. DNO/25107/1S6820 15 pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Hammar will testify about the general pathology of asbestos-related diseases. Further Dr. Hammar will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Dr. Victor Roggli Durham VA. Medical Center Department of Pathology (113) 508 Fulton Street, F3196 Durham, North Carolina 27705 (919)286-0411 ' . -- ` .....__ ' Dr. Roggli may testify that based on his review ofthe medical records, diagnosis, pathology and work history of Plaintiff (or Decedent), Plaintiffs (or Decedent's) disease was caused by his exposure to Defendant's asbestos-containing products. Dr. Roggli will testify about the general pathology of asbestos-related diseases. Further, Dr. Roggli will also testify about matters referred to in the designations of Dr. Christine Oliver and Dr. Elliott Kagan. Mr. John D. McAllister, deceased (by deposition) Plaintiffs expect to offer the deposition of Mr. McAllister on the subject of the state ofthe art generally and knowledge possessed by Keene corporation and Owens-Illinois, Inc., concerning the hazards of asbestos, in particular. Dr.- Kenneth Wallace Smith, deceased (by deposition) Plaintiff expects to offer the deposition of Dr. Smith concerning the state of the art generally. Dn Richard Gaze, deceased (by deposition) Plaintiff expects to offer the deposition of Dr. Gaze on the subject ofthe state of the art generally and knowledge possessed by Pittsburgh Coming Corporation concerning the hazards of asbestos, in particular. Dr. Robert W. Johnson 4970 El Camino Real, Suite 250 Los Altos, California 94022 (415)494-2413 Dr. Johnson, as an economist, may testify concerning his evaluation of the financial condition of the Defendants. DNO/25107/186820 16 Mr. Richard L. Hatfield Materials Analytical Services 3945 Lakefield Court Suwanee, Georgia 30024 (7700 448-3200 Mr. Hatfield is a scientist specializing in the measurement and analysis of materials and-----.... determining.the-constituent ingredients in materials, and characterizing those'materials and ingredients. Mr. Hatfield will offer opinions concerning testing which has been performed on behalf of manufacturer defendants or the lack oftesting of defendants' products. Mr. Hatfield will offer opinions concerning testing which has been performed on behalf of Defendant or the lack of testing at Premises Defendant's facility of asbestos products. Mr. Hatfield may testify as to his opinion of the amount of asbestos dust that could be expected at a facility such as Defendant's. Mar. Hatfield may analyze and testify as to his opinion of the results of the asbestos dust testing, if any, conducted at Defendant's facility. Maceo Cook 1070 Legion Club Road Salisbury, North Carolina 28144 (704) 279-3089 -' Maceo Cook may testify concerning the reaction of Allied Signal/Bendix to knowledge concerning the hazards of asbestos in its own manufacturing plants where Allied Signal/Bendix workers were exposed to asbestos in the 1970's, 1980's and 1990's. The witness may testify that Allied Signal/Bendix took no precautions for the safety of such employees who were exposed to asbestos on a regular basis. Reverend Louis Turner 406 Pine Tree Drive Salisbury, North Carolina 28144 (704) 636-9558 Reverend Louis Turner may testify concerning the reaction of Allied Signal/Bendix to knowledge concerning the hazards of asbestos in its own manufacturing plants whe4re Allied Signal/Bendix workers were exposed to asbestos in the 1970's, 1980's and 1990's. The witness may testify that Allied Signal/Bendix took no precautions for the safety of such employees who were exposed to asbestos on a regular basis. Charles E. Evans, Jr. P.O. Box 568 East Spencer, North Carolina 28039-0568 Charles E. Evans, Jr. may testify concerning the reaction of Allied Signal/Bendix to knowledge concerning the hazards of asbestos in its own manufacturing plants where Allied Signal/Bendix workers were exposed to asbestos in the 1970's, 1980's and 1990's. The witness may testify that Allied Signal/Bendix took no precautions for the safety of DNO/25107/IK6820 17 such employees who were exposed to asbestos on a regular basis. Edward Allebach 109 Emerald Avenue Westmont, New Jersey (609) 854-9120 Mr. Allebach will testify live or by deposition that he was the maintenance manager at Owens-Coming Fiberglass Corporation's Berlin, New Jersey Kaylo Plant. Mr. Allebach will testify that he worked for Owens-Coming Fiberglass Corporation from the 1960's until 1985. Mr. Allebach may testify that Owens-Coming Fiberglass Corporation did not re-tool and clean the Berlin Plant when it converted over from the production of asbestoscontaining to asbestos-free Kaylo. Dr. Elliott Kagan Department of Pathology Uniformed Services University Of the Health Sciences F. Edward Heb School of Medicine 4301 Jones Bridge Bethesda, Maryland 20814-4799 (301) 295-3492 This designation applies to Drs. Victor Roggli, Sam Hammar, David H. Groth, Steven Dikman, Eugene Mark, Martin Lewis and Jerrold Abraham ' Dr. Elliott Kagan may testify live or by deposition based upon his review of Plaintiffs/Decedent's pathology, medical records, x-rays and bills for medical services. Dr. Kagan may testify with regard to Plaintiffs/Decedent's diagnosis ofasbestosOrelated disease or injuries, asbestosis, pleural plaques or thickening, or cancer. Dr. Kagan may also testify with regard to Plaintiffs/Decedent's increased risk of contracting lung cancer or mesothelioma or other cancers as a result ofhis/her asbestos exposure. Dr. Kagan may also testify that Plaintiffs/Decedent's increased risk of cancer was caused and/or contributed to by Plaintiffs/Decedent's exposure to Defendants' asbestos-containing products. Dr. Kagan may testify concerning fiber types ofasbestos generally and that all types of asbestos fibers are capable ofcausing all asbestos-related diseases and all forms ofasbestos-related cancers. Dr. Kagan may also testify that Plaintiffs/Decedent's diagnosis and symptoms are (were) related to, and caused by or contributed to by, his/her exposure to asbestos. Additionally, Dr. Kagan may testify that Plaintiffor Plaintiffs Decedent has incurred in the past, and Plaintiff will incur in the future, medical expenses as a result of Plaintiffs/Decedent's exposure to asbestos, asbestos-related disease and asbestos related cancer. Dr. Kagan may testify that Plaintiffor Plaintiffs Decedent has required in the past and Plaintiffwill require in the future, medical monitoring and may require treatment and/or hospitalization (and the reasonable expenses therefore) as a result of his/her exposure to asbestos, asbestos-related disease, asbestos-related cancer and the progression and/or recurrence of this cancer. As a medical doctor. Dr. Kagan will testify as to the medical aspects of asbestos exposure; asbestos exposure and its relationship to non-malignant diseases; asbestos exposure and its relationship to lymphoma, laryngeal and other various cancer; and that each and every UNO/25I07'IX0820 18 asbestos exposure is a substantial contributing cause to the development of asbestos-related diseases and that each and every asbestos exposure indeed cause the asbestos-related disease claimed in PlaintifFs/Decedent's case. Dr. Kagan will testify that smoking is addictive. Dr. Kagan will testify that all types of asbestos fibers are carcinogenic and fibrogenic and the prognosis of individuals, including the Plaintiffs/Decedents herein who have an asbestosrelated disease. Additionally, Dj. Kagan may testify that based on the medical and scientific literature' availableto Defendants, Defendants knew or should have known thattheir asbestos-containing products could cause disease. Dr. Kagan maytestifyas to his review ofthe medical, scientific and/or technical literature and the opinions and conclusions contained in that literature. Dr. Kagan may testify regarding exposure levels ofasbestos, at what levels asbestos may cause disease, and as to when these facts were known in the medical, scientific and/or technical literature. Dr. Kagan may also testify as to the hazardous nature of asbestos and asbestoscontaining products and as a result, that such asbestos and/or asbestos-containing products are unreasonably dangerous. Further, Dr. Kagan may testify concerning the increased risk ofcancer faced by asbestos exposed workers and the epidemiological link between asbestos and cancer. Dr. Kagan will also testify about matters referred to in the designation of Dr. Christine Oliver. Scott R. Bickford ' Martzell & Bickford 338 Laffayette Street New Orleans, Louisiana 70130 (504)581-9065 Mr. Bickford will testify drat certain corporate documents of National Gypsum co. are authentic. Willie Fields 4239 South Claiborne Street New Orleans, Louisiana 70118 (504) 891-5544 Mr. Fields was employed by the National Gypsum Company at the New Orleans, Louisiana plant as a Relief Man from 1946 - 1987. He is expected to testify by video deposition (taken on March 15, 1995) regarding the working conditions at the National Gypsum, New Orleans Plant, Threshold Limit Values and the lack of warnings on National Gypsum asbestoscontaining products and lack of warnings in the National Gypsum Plant. Arnold R. Brody, Ph.D. Tulane University Medical Center School of Medicine Department of Pathology & Laboratory Medicine SL79 1430 Tulaen Avenue New Orleans, Louisiana 70112-2699 (504) 588-5224 DNO/25107/ ] S6820 19 Dr. Brody may testify as to the physiological design and function of the lungs, the effect of asbestos on the lungs and other parts ofthe body, and on the body's defense mechanisms. He may also testify about asbestos, the diseases it causes, the progressive, irreversible effects of asbestos disease and the prognosis for an asbestos exposed individual. He may also testify concerning the scientific literature on the biological and toxicological effects of asbestos written by himselfand others. He may also testify about the body's biologic response to brief exposure to asbestos, the pathogenic effects produced by various asbestos fiber typ.es^_ including fibrosis and carcinogenesis. He may further testify concerning asbestos deposition and migration in and through the lungs and body. He will discuss all types of cancer risks from asbestos exposure. He will define what "injury" means and that asbestos diseases are injuries. Dr. Brody may further testify as to facts and circumstances regarding the nature of the injuries and damages that are the subject of this action. Dr. Brody may testify that all exposures are substantial contributing factors to an individual's disease. Dr. Brody will testify that products which release asbestos fibers are unreasonably dangerous and that fibers will remain until death. He will testify about smoking being addictive. Dr. Brody's testimony is based on his review and knowledge ofmedical literature, his education andwork experience, his research, and the research ofothers. Dr. Brody will also testify about matters referred to in the designations of Drs. Christine Oliver and Elliott Kagan. Thomas Adkins 38252 River Drive Lebanon, Oregon 97355 (503) 258-2147 Mr. Adkins is a former employee ofW.R. Grace and will testify about the working conditions in the Liberty Montana Vermiculite Mine and Zonolite/Grace plants from 1968 to 1990. William Longo, Ph.D. Materials Analytical Services 3945 Lakefield Court Suwanee, Georgia 30024 (770) 448-3200 Dr. Longo is a scientist specializing in the measurement and analysis of materials and determining the constituent ingredients in materials, and characterizing those materials and ingredients. Dr. Longo has examined and tested various asbestos products. Dr. James Hubbard Senior Materials Scientist Materials Analytical Services 3945 Lakefield Court Suwanee, Georgia 30024 (770) 448-3200 Mr. Hubbard will testify either live or by deposition regarding scientific experiments he performed to demonstrate the concept of threshold limits values relating to asbestos. Mr. Hubbard will testify about the methods employed to create demonstrative exhibits regarding DNO.'25!U7/|S6820 20 the TLV. A copy of Dr. Hubbard's report has previously been provided to defendants and is available upon request. Dr. Dominic Gaziano Chest Medical Services, Inc. 3100 MacCorkle Avenue, Southeast, Suite 404 Charleston, West Virginia 25304 (304) 346-181L ' __ -~ Dr. Gaziano will testify about asbestos and the diseases caused by asbestos generally. Dr. Brian G. Forrester Director, Occupational Medicine Regional FirstCare 485 Highway 29N Athens, Georgia 30601 (706)353-6000 Dr. Jay T. Segarra 414 Ward Avenue Ocean Springs, Mississippi 39564 (228) 875-2954 Dr. Frank Mazza Pulmonary & Critical Care Consultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512)459-6599 ' Drs. Forrester, Mazza and Segarra may testify as to the physiological design and function of the lungs, the effect of asbestos on the lungs and other parts of the body, and on the body's defense mechanisms. They may also testify about asbestos, the diseases it causes, the progressive, irreversible effects ofasbestos disease and the prognosis for an asbestos exposed individual. They may also testify concerning the scientific literature on the biological and toxicological effects ofasbestos written by Forrester and others. They may also testify about the body's biologic responses to brief exposure to asbestos, the pathogenic effects produced by various asbestos fiber types including chrysolite, and carcinogenesis. They may further testify concerning asbestos deposition and migration in and through the lungs and body. They will discuss all types ofcancer risks from asbestos exposure. They will define what "injury" means and that asbestos diseases are injuries. Drs. Forrester, Mazza and Segarra may further testify as to facts and circumstances regarding the nature ofthe injuries and damages that are the subject of this action. They may testify that all exposures are substantial contributing factors to an individual's disease. They will testify that products which release asbestos fibers are unreasonably dangerous and that fibers will remain until death. They will testify about smoking being addictive. Drs. Forrester, Mazza and Segarra's testimony is based on their review and knowledge of medical literature, their education and work experience, their research and the research of others. OKO;25i 07. i 86X20 21 Alan Eggleston, Ph.D. Eggleston, Holmes and Associates, Environmental consultants 13625 Pond Springs Boulevard, Suite 206 Austin, Texas 78729 (512)250-0727 Dr. Eggleston will testify as a fact and expert witness. Dr. Eggleston is an environmental consultant. __ . - ' ~ ' Frank Parker, III Environmental Technology Incorporated 200 Brantley Lane P.O.Box 210 Magnolia, Texas 77353-0210 (281)256-6038 Frank Parker will testify as a certified industrial hygienist, Professional Engineer, and a Certified Safety Professional. Vernon Rose 8046 Oakwood Hollow Houston, Texas 77040 (713)466-6332 ' Vernon Rose will testify as a certified industrial hygienist, certified safety specialist, and registered professional engineer. Professor Robert Ragazzo University of Houston Law Center Houston, Texas 77004 (713) 743-1000 Professor Robert Ragazzo will testify as an expert witness in the field of corporate law and corporate structure. Chris Kelly Glass & Associates 5956 Sherry Lane, Suite 2001 Dallas, Texas 75225 (214) 696-4659 Chris Kelly will testify as a certified fraud examiner, financial, business and management consultant, and professor the Southwestern Graduate School of Banking at Southern Methodist University. DNO/25107/186820 22 Sharon Katz, Ed. D. . 1674 Hill Road, Suite #10 Boise, Idaho 83702 (208) 385-9677 Dr. Katz, a licensed psychologist and counselor, may testify about the psychological effects ofthe Plaintiffs/Decedent's illness/death on the various loss ofconsortium Plaintiffs and the . psychological components ofthe grieving process. Dr. Katz may also testify about the effects ofthe Plaintiffs/Decedent's illness ofthe Plaintiffs/Decedent's state ofmind and emotional well being. James E. Girard, Ph.D. 6328 Kamick Street Fairfax Station, Virginia 22039 (703) 425-4770 ' Dr. Girard may testify concerning Plaintiffs/Decedent's exposure to asbestos-containing brake products and that such exposure caused or contributed to cause Plaintiff's/Decedent's asbestos-related disease and/or asbestos-related cancer. Dr. James Arthur Robb 5942 SW 105th Street Maimi, Florida 33156 (3050 325-5587 ' Dr. Robb is a pathologist. In addition. Defendant reserves the right to call any of the Plaintiffs' treating and/or diagnosing doctors including but not limited to; Dr. Hector Battifora 1752 Wilson Ave. Arcadia, California 91006 (626) 836-9147 Dr. Battifora may testify concerning his review ofthe medical, records, pathology and work history ofPlaintiff and his diagnosis of mesothelioma in this case. Dr. Mark C. Clark Pulmonary & Critical Care Consultants 1305 West 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599 DNO/24727/186973 23 Dr. Lisa Rouse 707 Hill Country Drive, Suite 106 Kerrville, Texas 78028 (830) 896-0404 Dr.Philip T. Cagle Center for Pulmonary Patholoy Baylor College of Medicine One Baylor Plaza Houston, Texas 77030 (713) 798-3671 Dr. Rebecca Barrington 218 Sidney Baker Street Kerrville, Texas 78028 (830) 792-3434 Dr. T.A. Berg Surgical Associates 710 Water Street, Suite 606 Kerrville, Texas 78028 (830) 896-6262 Dr. Michael E. Jackson Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 (830) 896-4200 Dr. Joseph Vinas Surgical Associates 710 Water Street, Suite 606 Kerrville, Texas 78028 (830) 896-6262 Dr. Clif Arrington P.O. Box 649 Kailua Kona, Hawaii 96750 (808) 322-9400 Dr. Ronald P. Mahoney 7777 Southwest Freeway, Suite 24 Houston, Texas DNO/24727/1S6973 24 Dr. Grover Hubley 813 Sate Street Madisonville, Texas 77864 Dr. Mitchell 2801 East 29th Street Bryan, Texas 77802 .. .. -- Dr. Allen K. Young 1404 Bristol Street Bryan, Texas 77802 Dr. Lattimere Kailua Kona, Hawaii In addition. Defendant reserves the right to call any of the custodians of records of any and all physicians, health care facilities, hospitals, clinics and health care providers who have treated or examined the Plaintiff in this case who may have records concerning the plaintiff inclu g but not limited to the following;. Custodian of Records Southwest Memorial Hospital Houston, Texas Custodian of Records St. Joseph Hospital 2801 Franciscan Drive Bryan, Texas 77802 Custodian of Records Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas Custodian of Records Kailua Kona Community Hospital Kailua Kona, Hawaii Custodian ofRecords Peterson Home Care and Hospice Sid Peterson Memorial Hospital 710 Water Street Kerrville, Texas 78028 DNO/24727/186973 25 "...... g. i. k. Any person designated by any other party in this case as an expert witness, whether or not such party is still a party at the time of trial; any physician who has examined and/or treated Plaintiff not identified; any and all records custodians, live or by deposition upon written questions, for any physicians or institutions listed herein or revealed in Plaintiffs' Responses to Discovery- or any other pleading on file in this case. None The only witness statement at this time is one from John Flowers. There are no other witness statements at this time. Defendant's investigation, as well as discovery is continuing and Defendant reserves the right to supplement this response as additional information is located. Defendant will provide copies of any medical records obtained through authorization ' that are not already available to the plaintiff. DNO/24727/186973 Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. QkOo t&t. David W. Ledyard State Bar No. 12109400" Michael T. Bridwell State Bar No. 02979600 14th Floor, San Jacinto Building Beaumont, Texas 77701-3255 (409)981-1000 (409)981-1010 Facsimile ATTORNEYS FOR DEFENDANT, EXXON MOBIL CORPORATION 26 CERTIFICATE OF SERVICE This will verify that a true and correct copy of Exxon Mobil Corporation.^ Response to Disclosure has been furnished to counsel for plaintiff by certified mail and to all other counsel of record by U.S. mail on this 29th day of November, 2000. _ _ [k3. Michael'!^ Bridge!! /jf DNO/24727/186973 27 Strong, Pipkin, Nelson, Bissell & Ledyard, L.L.P. ATTORNEYS AT LAW BEAUMONT OFFICE 1400 SAN JACINTO BUILOING 595 ORLEANS BEAUMONT, TEXAS 77701-3255 TELEPHONE (409) 981-1000 FACSIMILE (409) 981-1010 HOUSTON OFFICE 1111 BAGBY SUITE 2300 HOUSTON, TEXAS 77002-2546 TELEPHONE (713) 651-1900 FACSIMILE (713) 651-1920 November 29, 2000 Mr. Jerry Deere District Clerk Brazoria County Civil Courthouse 111 E. Locust, Suite 200 Angleton, Texas 77515-4654 RE: Edward Lambert vs. Pronko, et rd; In the County Court ofLaw #4, Dallas . County, Texas; Cause No. CC- 0-2180-D Dear Mr. Deere: Enclosed please find an original and one copy ofExxonMobil Corporation's Notice ofFiling of Responses Plaintiff s Request for Disclosure. Thank you for your attention to this matter. Very truly yours, _ STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. Enclosure cc: Ms. Holly Huart All counsel of record CAUSE NO. 12540*BH00 EDWARD J. LAMBERT, ET AL VS. PROKO INDUSTRIES, INC., ET AL . IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS - 23RD JUDICIAL DISTRICT --- NOTICE OF FILING This is to certify that on November 29, 2000, Defendant served the following to Plaintiff: EXXONMOBIL CORPORATION'S RESPONSES TO PLAINTIFF'S REQUEST FOR DISCLOSURE Respec .fully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. David W. Ledyard State Bar No. 12109400 Michael T. Bridwell 02979600 14th Floor, San Jacinto Building 595 Orleans Street Beaumont, Texas 77701-3255 (409) 981-1000 (409) 981-1010 Facsimile ATTORNEYS FOR DEFENDANT, EXXONMOBIL CORPORATION CERTIFICATE OF SERVICE This will verify that a true and correct copy of ExxonMobil Corporation's Notice of Filing has been furnished to counsel for plaintiffby certified mail, return receipt requested, and to all other known counsel of record by regular U.S. Mail, on this 29th day of November, 2000.