Document wgGRBNv80ozXpdzxk9JMr0053
NO. 95-12951-D
JEANIE LEIGH FLEMING, individually and as, )
Personal Representative of the Heirs and Estate )
of ROY FLEMING, Deceased; and THOMAS )
RICHARD GORMAN and ROSE MARY
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GORMAN;
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Plaintiffs,
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v. )
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OWENS-CORNING FIBERGLAS
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CORPORATION, etal.,
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Defendants.
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IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 95TH JUDICIAL DISTRICT
ANSWERS OF DEFENDANT NORFOLK SOUTHERN RAILWAY COMPANY TO FIRST SET OF INTERROGATORIES
PROPOUNDED BY PLAINTIFF JEANIE LEIGH FLEMING
Defendant Norfolk Southern Railway Company (NSRC) f/k/a/ Southern Railway Company (Southern), for its answers to Plaintiff's First Set of Interrogatories, states as follows:
PRELIMINARY STATEMENT AND GENERAL OBJECTION NSRC objects to the First Set of Interrogatories propounded by Plaintiff for the reason that Plaintiffs decedent was never employed by NSRC. At the time of the deposition of Plaintiffs decedent, NSRC became aware that Plaintiffs decedent was employed by Nickel Plate Road (The New York, Chicago and St. Louis Railroad Company) and Norfolk and Western Railway Company. NSRC has requested the personnel and medical files of Plaintiffs decedent from Norfolk and Western Railway Company (NW) and that file reveals that Plaintiffs decedent was first employed by Nickel Plate in August, 1955 as a brakeman in Bellevue, Ohio and through his career for the Nickel Plate and NW, he worked as a brakeman
^and switchman in the Bellevue, Ohio and Conneaut, Ohio area. Plaintiffs decedent voluntarily
resigned from the NW and took a buy-out in December, 1986.
NSRC has not located any employment information to support the allegation that
Plaintiffs decedent, Roy Fleming was ever employed by it. For that reason, NSRC believes
that Plaintiffs decedent was never employed by NSRC or Southern. Accordingly, at this time
NSRC is unable to respond to any of the interrogatories propounded by Plaintiff.
NSRC objects to the instructions and definitions supplied by Plaintiff with regard to
these interrogatories, on the bases that the definitions are overbroad, vague and often
inconsistent with the normal usage and meaning of such words. The instructions are
overbroad, burdensome and constitute an unreasonable expansion of the interrogatories
themselves. NSRC therefore gives notice that it does not consider itself bound by the
instructions and definitions propounded by Plaintiff, and instead has answered these
interrogatories in a manner consistent with the normal understanding of the language used in
the interrogatory and to the extent necessary to fairly and fully answer the interrogatory.
INTERROGATORIES
INTERROGATORY NO. 1:
State the name, address, job title, length of time employed
by Defendant, and a year-by-year list of all positions, titles, or jobs held while working for
Defendant of each person who supplied any information used in answering these
interrogatories.
ANSWER:
OBJECTION. NSRC objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it. NSRC further objects to the interrogatory to the extent it seeks information within the work product privilege Without waiving its objection, NSRC states: T. M. Brady, Assistant to the General Manager-Casualty Claims, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA, with the assistance of counsel, answered the interrogatories herein contained. It would be impossible to identify all persons who were consulted in connection with the answers to these interrogatories. However, in
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^ the spirit of discovery, NSRC can state that since 1983 interrogatories have been answered in lawsuits based upon asbestos exposure claims. Attorneys for NSRC have assisted in the preparation of answers to the various discovery requests after consultation with many departments within the railroad, visits to various locations within the railroad, and, review of historical documentation including. Federal Register, office data, personnel files, corporate files, periodicals, industry publications, claims, health regulations, material handling files, structural material files, OSHA regulations, locomotive materials, safety recommendations. Federal Railway Administration rules and regulations, material catalogs, suppliers catalogs, letter files, plans, building files and computer printouts.
INTERROGATORY NO. 2:
State the full and proper business name and address of the
Defendant. State whether or not you are a corporation. If so, state your corporate name, the
state of your incorporation, the address of your principal place of business, the name and
address of the person or entity authorized to accept service of process on your behalf, and
whether or not you have ever held a Certificate of Authority to do business in the State of
Texas, maintained a registered agent in Texas, engaged in business in Texas or recruited or
hired employees in Texas.
ANSWER:
OBJECTION. NSRC objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it. Further, NSRC objects to the portion of Interrogatory No. 2 devoted to a Certificate of Authority and operating in the State of Texas for the reason that Plaintiffs decedent, did not work for NSRC nor did he work in the State of Texas. Therefore, the response of NSRC to such interrogatories could not lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, NSRC answers: Norfolk Southern Railway Company, One Commercial Place, Norfolk, Virginia 23510. NSRC is a corporation, organized and existing in the State of Virginia, with its principal place of business in Norfolk, Virginia.
INTERROGATORY NO. 3:
With regard to each policy of liability insurance to
provide coverage to Defendant, its agents and/or employees for the liability in connection with
the allegations such as those delineated in Plaintiff's Original and Amended Petitions including,
but not limited to, all primary and excess policies covering the Defendant for such liability,
state the name and address of each carrier.
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^ANSWER:
OBJECTION. NSRC objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it. Subject to and without waiving the foregoing objection, NSRC answers not applicable.
INTERROGATORY NO. 4:
State whether you contend that the Plaintiff has done
anything or failed to do anything that constitutes contributory negligence. If so, please
describe the basis of your contention and what evidence exists to support that contention.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is premature. NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 5:
State whether you contend that the Plaintiff has done
anything or failed to do anything that constitutes a failure to mitigate damages. If so, please
describe the basis of your contention and what evidence exists to support that contention.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is premature. NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it. Subject to and without waiving the foregoing objections, NSRC incorporates the testimony regarding smoking and tobacco usage given by the Plaintiff, Roy A. Fleming in his deposition of January 30-31, 1996, and the information contained in his smoking questionnaire.
INTERROGATORY NO.6: List each and every place of work and job assignment of the
Plaintiff which he held during his employment with Defendant and describe in detail the duties
involved in each of the job assignments.
ANSWER:
OBJECTION. NSRC objects to this interrogatory on the grounds that the interrogatory is overly broad, vague and ambiguous. NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it. Subject to and without waiving the foregoing objections, NSRC refers Plaintiff to the decedent's oral deposition testimony January 30-31, 1996.
INTERROGATORY NO.7: Describe in detail how asbestos containing products were used by
railroad workers on Defendant's railroad(s) during the period of Plaintiffs employment by
Defendant.
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-ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of geographic scope; 3. the request is vague; 4. the request is ambiguous; 5. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 6. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC Further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO.8: Describe in detail where asbestos containing products were used
by railroad workers on Defendant's railroad(s) during the period of Plaintiffs employment by
Defendant.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of geographic scope; 3. the request is vague; 4. the request is ambiguous; 5. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 6. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 9:
If you have alleged in your answer that Plaintiffs injuries
and/or damages were caused by some other injury, disease or condition, either pre-existing or
unrelated to and arising after or in conjunction with the Plaintiffs exposure to asbestos-
containing products, please describe in detail such pre-existing or subsequent disease, injury or
condition. For each alleged other injury, disease or condition, identify all evidence upon
which you base this contention.
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''ANSWER: OBJECTION. NSRC objects to this request on the following grounds: 1. the request is premature.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 10:
Please state the name of each and every person having
knowledge of facts relevant to this action including most recent address and present telephone
number, along with the experience and qualifications, if applicable, of each and every person,
known to Defendant's agents, including, but not limited to:
A. Identification of asbestos-containing products or type of products to which Plaintiff was exposed or facts disputing the identification of these products;
B. Plaintiffs damages, injuries and/or facts disputing Plaintiffs alleged damages and/or injuries; and
C. The negligence of any person or entity other than Defendant which Defendant contends was a cause of Plaintiff s injuries and/or damages;
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D. Each of Defendant's defenses enumerated in Defendant's last filed Answer.
ANSWER:
OBJECTION. NSRC Defendant objects to this request on the following grounds: 1. the request is overly broad; 2. the request is vague; 3. the request is ambiguous; 4. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; 5. the request is infringes on the attorney work product privilege; 6. the request infringes on the investigative/party communication privilege; 7. the request infringes on the attorney-client privilege; and, 8. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiff's decedent was never employed by it.
Subject to and without waiving the foregoing objections, please se attached list.
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INTERROGATORY NO. 11:
Please identify documents or things, including x-rays,
MRI's, CT scans or other materials which will be used at time of trial (Exhibit List,
Deposition List), which are relevant to each of Defendant's enumerated defenses in
Defendant's last filed Answer.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is vague; 3. the request is ambiguous; 4. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 5. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 12:
Identify the names and addresses of all individuals
Defendant may call as an expert witnesses) at trial, and for each individual, please state:
A. The subject matter in which the witness is expected to testify, specific as to each individual Plaintiffs case, the substance of the facts and opinions to which the witness intends to testify on the Defendant's behalf and, a summary of the grounds for each opinion, specific as to each individual Plaintiffs case;
B. All factual observations, test results, supporting data, learned treatise (books, general articles, texts or other publications) and opinions which the witness has generated, been provided, intends to use, and/or may use to support his/her opinions and conclusions relative to the case whereupon which the witness has or will base his/her testimony in this matter, specific as to each individual Plaintiff's case. The identity, address and job classification of each consulting expert whose opinions or data have been referred to and/or relied upon by the expert witness, and the complete title and author of each learned treatise referred to and/or relied upon by the witness for information and/or corroborating his/her opinions regarding the subject matter of this lawsuit.
C. Whether any person identified in subparagraph B above has provided a report or other documentation to you, and if so, identify each such document or report, specific as to each individual Plaintiffs case, separate and distinct from all other Plaintiffs within the group.
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D. Identify all documents or other materials, including but not limited to x-rays, pathology, CT-scans, you have provided to each person identified in response to subparagraph B above, specific as to each individual Plaintiff s case, separate and distinct from all other Plaintiffs within the group.
E. Describe in detail the education and work history of, and identify any books, treatises, articles, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to aubparagraph B above. Alternatively, in lieu of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answers.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is vague; 3. the request is ambiguous; 4. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 5. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
Subject to and without waiving the foregoing objections, please see attached list.
INTERROGATORY NO. 13:
Identify all persons, entities, agencies or others, whether
governmental (state or federal) or private, who participated in any investigation of the claims
made the basis of this lawsuit.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is vague; 3. the request is ambiguous; 4. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 5. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiff's decedent was never employed by it.
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-INTERROGATORY NO. 14:
Please state whether Defendant or any successor or
predecessor was ever a member of the Railroad Claims Registry, and if so, please state the
years Defendant was a member; the years of attendance at an involvement in the Railroad
Claims Registry Meetings; the name, job classification, address and telephone number of each
and every agent and/or representative and/or employee of Defendant attending each and every
Railroad Claims Registry Meeting and the year that agent and/or representative and/or
employee of Defendant attended the meeting; and the location of the Railroad Claims Registry
Meeting for each year attended by Defendant.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad and burdensome; 2. the request is unlimited in terms of time; 3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, 8. the request seeks information which is private, confidential and/or proprietary.
NSRC further objects to this interrogatory on the grounds that the number of interrogatories submitted exceed the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 15:
Please state whether Defendant or any successor or
predecessor ever attended or sent an agent on its behalf to any of the Association of American
Railroads and American Railway Association meetings from 1930 to the present, and if so,
please state the years of attendance; the location of the meeting; the name, address, job
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xlassification, and telephone number of each and every agent and/or representative of
Defendant attending each and every Association of American Railroads and American Railway
Association meeting and the exact year of attendance.
ANSWER;
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of time; 3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, 8. the request seeks information which is private, confidential and/or proprietary.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 16:
Before 1980, did Defendant receive notice that any
individual who at any time was employed by the defendant claimed injury as a result of
exposure to asbestos? If so, state:
A. The name and address of each claimant;
B. The date of notice of each claim;
C. A description of the claim;
D. The type of injuries allegedly sustained by each claimant;
E. The name and address of each attorney who represented each individual making a claim;
F. The style and court number of each claim;
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- G. The disposition of each claim that has been settled or taken to judgment.
H. The name, address and title of the person having custody of the records pertaining to each such claim.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of time; 3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, 8. the request seeks information which is private, confidential and/or proprietary.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 17:
Before 1980, did Defendant receive notice that any
individual who at any time was employed by any Railroad claimed injury as a result of
exposure to asbestos? If so, state:
A. The name and address of each claimant;
B. The date of notice of each claim;
C. A description of the claim;
D. The type of injuries allegedly sustained by each claimant;
E. The name and address of each attorney who represented each individual making a claim;
F. The style and court number of each claim;
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- G. The disposition of each claim that has been settled or taken to judgment.
H. The name, address and title of the person having custody of the records pertaining to each such claim.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of time; 3. the request is vague; 4. therequest is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, 8. the request seeks information which is private, confidential and/or proprietary.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 18:
Has Defendant at any time published, distributed or
displayed any printed material, including brochures, pamphlets, catalogs, warning signs or
statements, packaging or other written material of any kind or character containing any
warning concerning the possibility of injury resulting from the use of asbestos-containing
products and/or machinery requiring the use of asbestos-containing products and/or exposure
to airborne asbestos? If so, state:
A. The exact wording of each warning statement and a description of the material upon which the warning was printed;
B. The method(s) used to distribute the materials to persons likely to use the asbestos-containing products or likely to be exposed to airborne asbestos;
C. The date each warning was first issued or distributed;
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D. The name, address, and job title of each person responsible for having drafted or issued the warning statements and/or written materials;
E. The current location of any such printed material and the custodian thereof;
F. The form in which such literature or printed material can be accessed, i.e., the manner in which such literature is indexed or stored.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds1. the request is overly broad; 2. the request is unlimited in terms of time; 3. the request is unlimited in terms of geographic scope; 4. the request is vague; 5. the request is ambiguous; 6. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 7. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 8. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 19:
Did Defendant install, replace, use, repair, assemble,
transport or store either as an original appurtenance of the railroad or placed in/on the railroad
in conjunction with repairs or alterations to the railroad, any asbestos-containing products
during the time Plaintiff worked for Defendant? If so, identify:
A. By name and number each of Defendant's railroad(s), whether operating or in railyards, upon which Plaintiff worked and upon which the asbestos-containing product(s) were installed, repaired, used, stored or transported during the time Plaintiff worked for Defendant;
B. The particular type of asbestos-containing produces);
C. The trade or brand name of each of the asbestos-containing products;
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- D. The years during which each named asbestos product was applied, stored, used, repaired, installed or transported either as an original appurtenance of the railroad or placed on/in the railroad in conjunction with repairs, or alterations to the railroad(s); and
E. The dates of any removal or abatement of such asbestos-containing products, from Defendant's railroad(s).
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of geographic scope; 3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 20:
Did any entities or persons at Defendant's direction,
whether direct or indirect, including but not limited to contractors and subcontractors install,
replace, use, repair, assemble, transport or store either as an original appurtenance of the
railroad or placed in/on the railroad in conjunction with repairs or alterations to the railroad,
any asbestos-containing products during the time Plaintiff worked for Defendant? If so,
identify:
A. By name and number each of Defendant's railroad(s), whether operating or in railyards, upon which Plaintiff worked and upon which the asbestos-containing product(s) were installed, repaired, used, stored or transported during the time Plaintiff worked for Defendant;
B. The particular type of asbestos-containing product(s);
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c. The trade or brand name of each of the asbestos-containing products;
D. The years during which each named asbestos product was applied, stored, used, repaired, installed or transported either as an original appurtenance of the railroad or placed on/in the railroad in conjunction with repairs, or alterations to the railroad(s); and
E. The dates of any removal or abatement of such asbestos-containing products, from Defendant's railroad(s).
ANSWER:
OBJECTION. NSRC obiects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of geographic scope; 3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 21:
If the answer to any portion of the preceding interrogatory
is in the affirmative and/or if any asbestos-containing products are identified in response to
such interrogatory, state the following as to each identified product:
A. The name(s) of the railroad workers repairing, replacing, or using each asbestos-containing product, on Defendant's railroad(s) during Plaintiffs period of employment by Defendant;
B. A description of the physical appearance of each of the named asbestoscontaining products;
C. A detailed description of the uses of the named asbestos-containing products;
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- D. A detailed description of the areas on Defendant's railroad where such asbestoscontaining products were installed, replaced or used.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of geographic scope; 3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 22:
Has Defendant or any other entity at the direction of
Defendant contracted with another entity for the acquisition, ordering, purchasing, supplying
or distributing of asbestos-containing products, any time prior to or during the time Plaintiff
was employed by Defendant? If so, identify:
A. Each of Defendant's railroad components by name and number for which for which the asbestos-containing products, were ordered, purchased, supplied or distributed during the time Plaintiff was employed by Defendant;
B. The particular type of asbestos-containing products acquired;
C. The trade or brand name of each of those asbestos-containing products, ordered, purchased, supplied or distributed;
D. The years such asbestos-containing products were acquired, ordered, purchased, supplied or distributed by Defendant;
E. The dates of any removal or abatement of asbestos-containing products.
ANSWER: OBJECTION. NSRC objects to this request on the following grounds:
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1. the request is overly broad;
2. the request is unlimited in terms of geographic scope;
3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 23:
If your answer to any portion of the preceding
interrogatory is in the affirmative, or if any asbestos-containing products, are identified in
response to such interrogatory, state the following as to each product:
A. The name(s) of the company(ies), entity(ies), manufacturer(s) from which the asbestos-containing products, were acquired, ordered, purchased, supplied or distributed;
B. The date(s) each asbestos-containing product was ordered, purchased, supplied or distributed;
C. A description of the physical appearance of each of the named asbestoscontaining products;
D. A detailed description of the uses of the named asbestos-containing products;
E. Identify the last year that Defendant ordered, purchased, supplied or distributed each identified asbestos-containing product.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of geographic scope; 3. the request is vague; 4. the request is ambiguous;
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5. the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence;
6. the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and,
7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 24:
State whether Defendant maintained, from 1950 through
the present, copies of invoices, shipping receipts, bills of lading, purchase orders, or other
documents of a similar nature relating to the purchase or acquisition of asbestos-containing
products. If so, state:
A. The location of such documents;
B. The name and address of the custodian of the documents;
C. The format in which the documents are kept, i.e., hard copy, microfilm, microfiche, etc.;
D. In what form the documents can be accessed.
ANSWER:
OBJECTION. Defendant objects to this request on the following grounds: 1. the request is overly broad;
2. the request is unlimited in terms of geographic scope;
3. the request is vague;
4. the request is ambiguous;
5. the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence;
6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information
necessary to respond to this request; and, 7. the request exceeds the scope of discovery permitted by Rule 166b of the
Texas Rules of Civil Procedure.
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- NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
INTERROGATORY NO. 25:
Identify all persons, including name, address and
telephone number, who provided and/or conducted or were responsible for conducting any
type of safety training, during the time Plaintiff was employed by Defendant.
ANSWER:
OBJECTION. NSRC objects to this request on the following grounds: 1. the request is overly broad; 2. the request is unlimited in terms of geographic scope; 3. the request is vague; 4. the request is ambiguous; 5. the request seeks information which is not relevant and which is not
reasonably calculated to lead to the discovery of admissible evidence; 6. the overly broad nature of the request is such that it would be unduly
burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, 7. the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure.
NSRC further objects to this interrogatory on the grounds that it exceeds the number of interrogatories permitted by Rule 168 of the Texas Rules of Civil Procedure.
NSRC objects to this interrogatory for the reason that Plaintiffs decedent was never employed by it.
19
JACKSON WALKER L.L.P.
112 E. Pecan, Suite 2100
San Antonio, Texas 78205
TEL: (210)978-7700
FAX: (210) 977J96
,
^
JAMES L. WALKER A State Bar No. 20708500 LEO D. FIGUEROA State Bar No. 06984100
ATTORNEYS FOR DEFENDANT, NORFOLK SOUTHERN RAILWAY COMPANY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served by hand delivery, to Mr. Peter Kraus / Ms. Kimberly A. Castles, Baron & Budd, A Professional Corporation, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219, on this the#H\day
of August, 1997.
All defense counsel may request a
of this document
1612040/02
_ JIq! ^ TeodThguSrq
20
N$ GEN MGR CAS CLMS Fax*8046292639
Aug 7 '97 9:12
p. or-o:
NORFOLK SOUTHERN RAILWAY COMPANY
w.
T. M. Brady
Assistant to the - Casualty Claims Norfolk Southern Corporation
STATE OF VIRGINIA )
CITY OF NORFOLK
T. M. Brady, being first duly sworn upon his oath, says that He has read the above and foregoing Answers and Objections of Defendant Norfolk Southern Railway Company to Plaintiffs Iutcnogaioriw Directed to Norfolk Southern Railway Company; that he does not have personal knowledge regarding the answen thereto but that the matters set forth therein are true, according to his best information and belief; and that he is authorized to execute these answers on behalf of the Norfolk Souibem Railway Company.
T. M. Brady Assistant to the General Manager Casualty Claims Norfolk Southern Corporation
Subscribed and sworn to before me this 2^ day of
AuqusV, 1997.
My Commission Expires:
4-30-Q8
CJunL 6$,
Notary Public COMMISSIONED AS CHERIL TATE
15
Answer to Interrogatory No. 10
Roy A Fleming P. 0. Box 414 Toast, North Carolina, 27079
Kathy and David Rose Hauser, NC
Bonnie Mundey - Fleming P. O. Box 414 Toast, North Carolina, 27079
Jeannie Leigh Fleming Gore 1831 West Main Street Bellvue, Ohio 44811 (419) 483-5789
Walter Robert Fleming 6529 North 40th Street McAllen, TX 78504 (210) 686-3874
Phillip Ray Fleming 682 Aubrey Mill Road Bowling Green, KY 42101 (502) 597-2556
James Aulbom Fleming 1871 West Main Street Bellevue, OH 44811 (419) 483-0480
Theodore E. Doyle 1507 Chadwell Street Cecatur, AL 35601 (205) 353-6002
Early F. Hoffman, Jr. 715 McAdenville Rd. Lowell, NC 28098 (704) 824-2054
ROY FLEMING/NAME LIST - Page 1
fcoyd Pearce 503 Baker Road High Point, NC 27263 (910) 431-1416
Roy Quessenberry
Buster Jones
Norman Webb
Hardin Wagner
Paul Shelly
Dr. Anthony Zollo and Custodian of Records 200 Hospital Drive Galax, Virginia 24333
Dr. Wayne Meredith North Carolina Baptist Hospital and Custodian ofRecords Medical Center Boulevard Winston Salem, NC 27157
Dr. R. D. Woodruff/Dr. Wayne Meredith North Carolina Baptist Hospital Department of Pathology and Custodian of Records Medical Center Boulevard Winston Salem, NC 27157
Dr. Paul Savage Bowman Gray School ofMedicine and Custodian of Records Medical Center Blvd. Winston Salem, NC 27157 (901)716-4354
Wake Forest Comprehensive Cancer Center and Custodian of Records Medical Center Boulevard Winston Salem, NC 27157
ROY FLEMING/NAME LIST - Page 2
Twin City Community Hospital and Custodian ofRecords 200 Hospital Drive Galax, VA Newport News Shipbuilding & Drydock Company Newport News Shipyard Newport News, VA Rockingham Construction Company, Inc. Rural Electrification Agency Harrisonburg, VA
Minnesota Mining and Manufacturing Company ABEX Corporation
A. P. Green
Allied-Signal, Inc. Allis Chalmers Amchem American Steel & Wire Company Anaconda
Anchor Packing Company
A. P. Green Industries, Inc. Armstrong Contracting and Supply
Armstrong World Industries, Inc. Asten-Hill
Atlas Asbestos A. W. Chesterton Company
ROY FLEMING/NAME LIST - Page 3
Babcock & Wilcox Baltimore Land Ennis Barrett Roofing Belmont Packing Company Benjamin Foster Company Berkheimer Bird & Son Borg-Wamer Corporation Calsilite Calcrete Capco Pip Company, Inc. C. E. Thurston & Sons, Inc. Celotex Corporation Certainteed Chevron U.S.A., Inc. Chrysler Corporation Cleaver Brooks Colonial Sugar Refineries Combustion Engineering Cooper Industries Crane Crown Cork & Seal Company
ROY FLEMING/NAME LIST -Page 4
Damit Dana Corporation Dossert Eagle-Picher Industries, Inc, Excelsior Fibreboard Corporation Flexitallic Gasket Company Flintkote Ford Motor Co. Forty-Eight Insulations Foster Wheeler GAF-Ruberoid Garlock, Inc. General Electric Company General Motors General Refractories Company Georgia Pacific Corporation Gold Bond Grant Wilson, Inc. Guard-Line, Inc. Harbison-Walker Refractories Company Hatfield
ROY FLEMING/NAME LIST -Page 5
Haveg Pipe Co. H. K. Porter Company Hercules Indresco Inc. I. U. North America, Inc. John Crane Johns-Manville K-Fac Kaiser Aluminum & Chemical Corporation Kaiser Gypsum Company, Inc. Kaylo Keene Corporation Kelly-Moore Paint Company Kewaner Limpet Koppers Kurfees McCord The Maremont Corporation Martin Marietta Co. M. H. Detrick Company Minnesota Mining & Manufacturing Company
ROY FLEMING/NAME LIST - Page 6
Mobil Mundet National Gypsum Company Nicolet North American Philips Company North American Refractories Company National Service Ind., Inc. NOSROC Corporation Nutum Corporation Okonite Owens-Coming Fiberglas Corporation Ownes-Illinois, Inc. Pabco Parsons Pfizer, Inc. Phelps Dodge Pittsburgh Coming Corporation Pneumo Abex Corporation Proko Industries, Inc. Quigley Company, Inc. Rapid American Corporation Raybestos-Manhattan
ROY FLEMING/NAME LIST -Page 7
Raymark Riley Stoker Corporation Rockbestos Product Corporation Rock Wool Manufacturing Company Rutland Sepco Corporation Shook & Fletcher Insulation Steel Grip Synkoloid Thermo Electric, Inc. T & N, pic Unarco Industries Union Carbide Corporation Uniroyal Holding, Inc. U. S. Gypsum Company U. S. Mineral U. S. Steel Corporation Victor Wagner Electric Corporation W. R. Grace & Co.-Conn. Westinghouse Electric Corporation Zonolite
ROY FLEMING/NAME LIST - Page 8
Dr. Richard Cohen 19242 Panorama Drive Saratoga, CA (415) 424-5156
Dr. Barry Castleman 1722 Linden Avenue Baltimore, Maryland 21217 (301)462-5135
Dr. Joseph K. Wagoner, deceased
Dr. Garrit Schepers 6527 Sunny Hill Court McLean, VA (703) 790-1013
Dr. Davis Ozonoff Boston University School ofPublic Health Building A-501 80 E. Concorde Street Boston, MA (617) 638-4620
Dr. Thomas Mancuso 5127 Elsworth Pittsburgh, Pennsylvania (412) 683-6321
Dr. David Egjlman South Shore Health Center 759 Granite Street Braintree, Massachusetts 02184-5328 (617) 848-1950
Dr. David Lilienfeld Box 1057 Mt. Sinai School ofMedicine 1 Gustave Levy Place New York, New York 10029-6574 (212) 241-4785
ROY FLEMING/NAME LIST - Page 9
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. Arthur H. Rohl 10 Stouts Valley Rd. Easton, Pennsylvania 18042 (610) 258-5965
James E. Girard, PhD 6328 Karmich Street Fairfax Station, Virginia 22039 (703) 425-4770
John D. McCann 195 Bouffard LaSalle, Ontario British Columbia N9J1E9
Robert Shack P. O. Box 356 Montevallo, Alabama 35115
Nathan Fochtmann Route 6, Box 49 Montevallo, Alabama 35115
Dr. John Dement Dr. Tim D. Oury University Medical School Department of Occupational and Envimomental Medicine 2200 West Man Street, #700 Durham, NC 27710 (919) 286-3232
ROY FLEMING/NAME LIST - Page 10
Dr. Richard A. Lemen 3495 Htghgate Hills Drive Duluth, GA 30155 (770) 497-0770
Mr. Alan M. Segrave Materials Analytical Services, Inc. 3597 Parkway Lane, Suite 250 Norcross, GA 30092 (404) 448-3200
Dr. Bill Johnson 2948 Faxhall Circle Augusta, GA 30907 (706) 863-4270
E. Lynn Schall 510 Edgewood Drive Collingswood, NJ (609) 858-0003
Dr. Gerald E. Markowitz 600 West 111th Street New York, NY 10025 (212) 237-8458
Mr. George M. Kraus 11 Drake lane Upper Saddle River, NJ 07458 (201)327-2005
Dr. L. Christine Oliver Pulmonary and Critical Care Unit Massachusetts General Hospital Boston, MA 02114 (617) 726-1721
Dr. Edwin C. Holstein Environmental Health Associates, P.A. 867 Boylstown Street Boston, MA 02116 (617) 266-1818
ROY FLEMING/NAME LIST - Page 11
Stephen Berger 10564 Eastbome Ave. Los Angeles, CA 90024
Dr. Gaeton D. Lorino Mobile Diagnostic 6701 Airport Blvd., Suite A-101 Mobile, AL 36608 (334) 633-8880
Dr. Steven Levin Department ofEnvironmental Medicine Mt. Sinai Medical School One Gustave Levy Place New York, NY (212) 241-7810
Dr. Kaye H. Kilbum USC School opfMedicine 2025 Zomal Avenue, Rm 201 Los Angeles, CA 90033 (213) 224-7514
Dr. Mark Clark and Dr. Frank Mazza Pulmonary and Critial Care Consultants 1305 W. 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599
Dr. Cynthia Lorino 6701 Airport Boulevard, Suite B-01 Mobile, AL (205) 633-2704
Dr. Joseph Calhoun #1 St. Vincent Circle, Suite 160 Little Rock, AK (501) 666-9400
ROY FLEMING/NAME LIST - Page 12
Dr. James Ballard Princeton Diagnostic 817 Princeton Avenue Birmingham, AL (205) 783-3700
Dr. Steven Dikman One Gustavo Place Annenburg Building 15/58 Department of Pathology New York, NY (212) 241-7353
Dr. Eugene Mark Massachusetts General Hospital Department ofPathology 32 Fruit Street, Warren II Boston, MA (617) 726-8891
Dr. Martin Lewis Palms ofPasadena Hospital 1501 Pasadena Avenue South St Petersburg, FL (813)341-7505
Dr. David H. Groth 8953-C Harper Points Drive Cincinnati, OH 45249 (513)489-6351
Dr. Jerrold Abraham Department of Pathology State University ofNew York 750 East Adams Street Syracuse, New York 13210 (315) 464-4750
Dr. Sam Hammar Diagnostic Specialties Laboratory 700 Lebo Blvd., P. O. Box 2171 Bremerton, WA 98310 (206) 479-7707
ROY FLEMING/NAME LIST - Page 13
Dr. Victor Roggli Durham VA Medical Center Department ofPathology (113) 508 Fulton Street, F3196 Durham, NC 27705 (919)286-0411
Mr. John D. McAllister, deceased
Dr. Kenneth Wallace Smith, deceased
Dr. Richard Gaze, deceased
Dr. Robert Johnson 4970 El Camino Real, Suite 250 Los Altons, CA 94002 (415) 494-2413
Mr. Richard L. Hatfield Law Engineering, Inc. 369 Plasters Ave. Altanta, GA 30324 (404) 873-4761
Maceo Cook 1070 Legion Club Road Salisbury, NC 28144 (704) 279-3089
Reverend Louis Turner 406 Pine Tree Drive Salisbury, NC 28144 (704) 636-9558
Charles E. Evans, Jr. P. O. Box 568 East Spencer, North Carolina 28039-0568
Edward Allebach 109 Emerald Avenue Westmont, New Jersey (609) 854-9120
ROY FLEMING/NAME LIST - Page 14
Dr. Elliott Kagan Georgetown Medical Center Georgetown University Department of Pathology 4000 Resrvoir Rd. N.W. Washington, D.C. 20007 (202) 687-1345
Scott R. Bickford Martzell & Bickford 338 Lafayette Street New Orleans, LA 70130 (504) 581-9065
Willie Fields 4239 South Claiborne Street New Orleans, LA 70118 (504) 891-5544
Arnold R. Brody, Ph.D. Tulane University Medical Center School ofMedicine Department of Pathology & Laboratory Medicine SL79 1430 Tulane Avenue New Orleans, LA 70112-2699 (504) 588-5224
Thomas Adkins 38252 River Drive Lebonan, Oregon 97355 (503) 258-2147
William Longo, Ph.D. Materials Analytical Services 3597 Parkway Lane Norcross, GA (770) 448-3200
ROY FLEMING/NAME LIST - Page 15
James Hubbard Senior Materials Scientist Materials Analytical Services 3597 Parkway Lane Norcross, GA (770) 448-3200
Dr. Hector Battifora City ofHope/Pathology Department 1500 East Duarte Surate, CA 91010 (818)359-8111
Dr. James Robb Cedars Medical Center 1400 Northwest Avenue Miami, FL 33136 (305) 325-5587
Dr. David C. Groth Pathologist and Consultant Occupational and Environmental Health 612 Mehring Way Cincinnati, OH 45202 (513)241-1361
Dr. James Bruce Luflin Pathology Laboratory 700 Gaslight Blvd. Lufktin, TX 75901 (409) 632-5992
Dr. R. D. Woodruff Bowman Gray School ofMedicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4311
Dr. Frederick Richards Bowman Gray School ofMedicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4354
ROY FLEMING/NAME LIST - Page 16
Dr. J. M. Salmon Bowman Gray School ofMedicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4354
Dr. G. J. Davis Bowman Gray School of Medicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4354
Dr. Jay T. Segarra 414 Ward Avenue Ocean Springs, MS 39564 (601)875-2954
T. M. Brady Norfolk Southern Corporation Three Commercial Place Norfolk, Virginia 23150-2191 (804) 629-2894
Sandra Thacker Pierce Assistant Corporate Secretary ofNorfolk Southern Corporation Corporate Secretary ofNorfolk Southern Railway and Norfolk and Western Railway Three Commercial Place Norfolk, Virginia 23150-2191 (757) 629-2682
Robert M. Ross, M.D. Director, Cardiopulmonary Laboratory Houston Northwest Medical Center 17030 Nanes Drive, Suite 214 Houston, Texas 77090-2504 (713) 440-8851
Scott G. Donaldson, M.D., F.C.C.P. Pulmonary/Critical Care Medicine 375 Municipal Drive, Suite 140 Richardson, Texas 75080 (214) 680-0666
ROY FLEMING/NAME LIST - Page 17
R. Keith Wilson, M.D. Pueblo Pulmonary Associates 1925 E. Orman, Suite 254 Pueblo, CO 81004 (719) 564-1542
Larry Liukonen Tech-Con 3605 W. Pioneer Parkway, Suite D Arlington, Texas 76013 (817) 460-8400
Horton C. Hinshaw, M.D. Deceased
Douglas W. Jenkins, M.D. 124 Dallas Street San Antonio, Texas (210) 224-1771
Dr. Elliot Hinkes 301 N. Prairie Avenue, Suite 311 Inglewood, California
Frances W. Weir, Ph.D. 8131 Wycomb Drive Houston, Texas 77070 (713-893-4003)
Dr. Philip Cagle Baylor College of Medicine in Houton Pathology Department One Baylor Plaza, Rm. 220B Houston, TX 77030 (713) 798-4661
Defendant reserves the right to call as a witness all doctors who have examined Plaintiff, reviewed Plaintiffs medical records, and/or have been designated as witnesses by any other parties to this action.
ROY FLEMING/NAME LIST - Page 18
Answer to Interrogatory No. 11
Robert M. Ross, M.D. Director, Cardiopulmonary Laboratory Houston Northwest Medical Center 17030 Nanes Drive, Suite 214 Houston, Texas 77090-2504 (713) 440-8851
Scott G. Donaldson, M.D., F.C.C.P. Pulmonary/Critical Care Medicine 375 Municipal Drive, Suite 140 Richardson, Texas 75080 (214) 680-0666
R. Keith Wilson, M.D. Pueblo Pulmonary Associates 1925 E. Orman, Suite 254 Pueblo, CO 81004 (719) 564-1542
Douglas W. Jenkins, M.D. 124 Dallas Street San Antonio, Texas (210) 224-1771
Drs. Ross, Donaldson, Wilson and Jenkins can testify concerning the following areas: a. Anatomy and function ofthe raspatory and circulatory systems; b. The nature of asbestos; c. The symptomatology, disease process and diagnosis of asbestos and cancer
association with respiratory system, peritoneum and peritoneal cavity; d. The nature and extend ofmedical and scientific knowledge regarding any association
of obstructive pulmonary disease with asbestos fiber exposure; e. The effect of exposure to substances other than asbestos on the development and
manifestation ofobstructive and restrictive conditions and diseases of the respiratory system; f. Methods of diagnosis of various diseases particularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestosrelated diseases; g. Incidents of lung cancer among individuals with asbestosis, compared with nonasbestotic asbestos workers and with the general populations; h. Cigarette smoking and its effect on the lung; i. The relationship of cigarette smoking to cancer ofthe lung and cancers of other sites with reference to epidemiological studies and physiologic effect; j. Difference between impairment and disability; k. Effect of asbestosis on disability and life expectancy;
ROY FLEMING/NAME LIST - Page 19
1. The lack of a relationship between presence of pleural plaques and a later
development ofany form of cancer.
Larry Liukonen Tech-Con 3605 W. Pioneer Parkway, Suite D Arlington, Texas 76013 (817) 460-8400
Larry Liukonen is an industrial hygienist who can testify about the practices and procedures of the railroad, its bridges, buildings and other structures and locations as they relate to asbestos exposure, ifany, on engines, cabooses, rail cars and its shops. He can also testify about the state-of-the-art insofar as the railroad is concerned.
Horton C. Hinshaw, M.D. Deceased
Dr. Hinshaw was an Emeritus Professor ofMedicine at the University of California School ofMedicine. Dr. Hinshaw has testified by deposition regarding the state of the scientific and medical knowledge concerning asbestos. Included in his testimony is a discussion of the respiratory system asbestos disease and the effect of other substances on the respiratory system.
Dr. Elliot Hinkes 301 N. Prairie Avenue, Suite 311 Inglewood, California
Dr. Hinkes is a board certified oncologist and hematologist. He will testify concerning the relationship of asbestos and smoking to the development of cancer. Dr. Hinkes will also testify concerning the incidence oflung cancer among individuals with asbestosis or exposure to asbestos-containing insulation products. He will also testify regarding the connection between the decedent's condition and his alleged asbestos exposure, as well
as the treatment for the decedent's condition. He may also be called to testify as to the stateof-the-art ofthe railroad industry's knowledge ofthe alleged hazards of asbestos exposure and as to his review ofthe medical/scientific literature concerning the knowledge or lack thereof.
Frances W. Weir, Ph.D. 8131 Wycomb Drive Houston, Texas 77070 (713-893-4003)
The topics ofDr. Weir's expected testimony include the fields ofpharmacology, toxicology and industrial hygiene, generally and particularly as they relate to asbestos fiber exposure in various work places. He is expected to testify concerning the types and characteristics of asbestos, as well as the recognized pathogenic potential from exposure to fibers of these
ROY FLEMING/NAME LIST - Page 20
substances. If asked, his testimony will include a discussion ofthe way asbestos containing materials were used, in general with the railroad industry, and specifically within the shops and other facilities ofthe Norfolk Southern Railway Company at various times of interest in this matter. He will also be prepared to discuss laws and regulations and relevant standards relating to asbestos exposure, the characteristics and epidemiology of asbestos-related or associated diseases and relevant medical and scientific literature on these subjects. Additionally, he is expected to discuss the evolution on the role ofhealth concerns within the industry. Dr Weir may also discuss and describe the effects of chemicals, especially those contained in cigarettes, on human physiology.
It is expected that Dr. Weir will offer the opinion that, based on the various descriptions of work activities of concern in this matter, and assuming those descriptions are correct, that there is no scientific basis or affirmative evidence to conclude that plaintiffs exposures ever regulariy exceeded the concurrently acceptable time weighted average values for this material. He will assert that essentially, there was no concurrent basis to conclude that the practices and operation of the railway shops at the times of interest in this matter would have been considered to represent a hazard to the health ofworkers from the railroad's use of asbestos containing materials.
Dr. Weir may also testify regarding the knowledge ofthe toxicology and appreciation for the hazards related to the use of asbestos containing materials at various intervals throughout the twentieth century.
Dr. Weir's opinions will be based upon his education, experience and professional training, his review ofthe relevant medical, epidemiological, scientific and technical literature and, his review and analysis of the case specific materials provided to him concerning this matter.
Dr. Philip Cagle Baylor College ofMedicine in Houton Pathology Department One Baylor Plaza, Rm. 220B Houston, TX 77030 (713)798-4661
Dr. Cagle is a Pathologist in the who can evaluate pathology materials of the decedent for the purpose of determining whether or not mesothelioma was present. He may also testify about asbestos related diseases, causes ofcancer, and the effect of other substances, such as cigarette smoke, on the plaintiff.
Dr. Anthony Zollo and Custodian ofRecords 200 Hospital Drive Galax, Virginia 24333
ROY FLEMING/NAME LIST - Page 21
Dr. Wayne Meredith North Carolina Baptist Hospital and Custodian of Records Medical Center Boulevard Winston Salem, NC 27157
Dr. R. D. Woodrufl/Dr. Wayne Meredith North Carolina Baptist Hospital Department ofPathology and Custodian ofRecords Medical Center Boulevard Winston Salem, NC 27157
Dr. Paul Savage Bowman Gray School of Medicine and Custodian ofRecords Medical Center Blvd. Winston Salem, NC 27157 (901)716-4354
Wake Forest Comprehensive Cancer Center and Custodian ofRecords Medical Center Boulevard Winston Salem, NC 27157
Twin City Community Hospital and Custodian ofRecords 200 Hospital Drive Galax, VA
The Plaintiffs physicians will testify regarding the general treatment, history, diagnosis and prognosis of the Plaintiff.
Dr. Richard Cohen 19242 Panorama Drive Saratoga, CA (415) 424-5156
Dr. Barry Castleman 1722 Linden Avenue Baltimore, Maryland 21217 (301)462-5135
Dr. Joseph K. Wagoner, deceased
ROY FLEMING/NAME LIST - Page 22
Dr. Garrit Schepers 6527 Sunny Hill Court McLean, VA (703)790-1013
Dr. Davis Ozonoff Boston University School ofPublic Health Building A-501 80 E. Concorde Street Boston, MA (617) 638-4620
Dr. Thomas Mancuso 5127 Elsworth Pittsburgh, Pennsylvania (412) 683-6321
Dr. David Egilman South Shore Health Center 759 Granite Street Braintree, Massachusetts 02184-5328 (617) 848-1950
Dr. David Lilienfeld Box 1057 Mt. Sinai School ofMedicine 1 Gustave Levy Place New York, New York 10029-6574 (212) 241-4785
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. Arthur H. Rohl 10 Stouts Valley Rd. Easton, Pennsylvania 18042 (610) 258-5965
ROY FLEMING/NAME LIST -Page 23
James E. Girard, PhD 6328 Karmich Street Fairfax Station, Virginia 22039 (703) 425-4770
John D. McCann 195 Bouffard LaSalle, Ontario British Columbia N9J1E9
Robert Shack P. O. Box 356 Montevallo, Alabama 35115
Nathan Fochtmann Route 6, Box 49 Montevallo, Alabama 35115
Dr. John Dement Dr. Tim D. Oury University Medical School Department of Occupational and Envimomental Medicine 2200 West Main Street, #700 Durham, NC 27710 (919) 286-3232
Dr. Richard A. Lemen 3495 Highgate Hills Drive Duluth, GA 30155 (770) 497-0770
Mr. Alan M. Segrave Materials Analytical Services, Inc. 3597 Parkway Lane, Suite 250 Norcross, GA 30092 (404) 448-3200
Dr. Bill Johnson 2948 Faxhall Circle Augusta, GA 30907 (706) 863-4270
E. Lynn Schall 510 Edgewood Drive Collingswood, NJ (609) 858-0003
ROY FLEMING/NAME LIST - Page 24
Dr. Gerald E. Markowitz 600 West 111th Street New York, NY 10025 (212) 237-8458
Mr. George M. Kraus 11 Drake lane Upper Saddle River, NJ 07458 (201)327-2005
Dr. L. Christine Oliver Pulmonary and Critical Care Unit Massachusetts General Hospital Boston, MA 02114 (617) 726-1721
Dr. Edwin C. Holstein Environmental Health Associates, P.A. 867 Boylstown Street Boston, MA 02116 (617) 266-1818
Stephen Berger 10564 Eastbome Ave. Los Angeles, CA 90024
Dr. Gaeton D. Lorino Mobile Diagnostic 6701 Airport Blvd., Suite A-101 Mobile, AL 36608 (334) 633-8880
Dr. Steven Levin Department ofEnvironmental Medicine Mt. Sinai Medical School One Gustave Levy Place New York, NY (212) 241-7810
Dr. Kaye H. Kilbum USC School opfMedicine 2025 Zomal Avenue, Rm 201 Los Angeles, CA 90033 (213) 224-7514
ROY FLEMING/NAME LIST - Page 25
Dr. Mark Clark and Dr. Frank Mazza Pulmonary and Critial Care Consultants 1305 W. 34th Street, Suite 400 Austin, Texas 78705 (512) 459-6599
Dr. Cynthia Lorino 6701 Airport Boulevard, Suite B-01 Mobile, AL (205) 633-2704
Dr. Joseph Calhoun #1 St. Vincent Circle, Suite 160 Little Rock, AK (501) 666-9400
Dr. James Ballard Princeton Diagnostic 817 Princeton Avenue Birmingham, AL (205) 783-3700
Dr. Steven Dikman One Gustavo Place Annenburg Building 15/58 Department ofPathology New York, NY (212) 241-7353
Dr. Eugene Mark Massachusetts General Hospital Department of Pathology 32 Fruit Street, Warren II Boston, MA (617) 726-8891
Dr. Martin Lewis Palms ofPasadena Hospital 1501 Pasadena Avenue South St Petersburg, FL (813) 341-7505
Dr. David H. Groth 8953-C Harper Points Drive Cincinnati, OH 45249 (513) 489-6351
ROY FLEMING/NAME LIST - Page 26
Dr. Jerrold Abraham Department of Pathology State University ofNew York 750 East Adams Street Syracuse, New York 13210 (315) 464-4750
Dr. Sam Hammar Diagnostic Specialties Laboratory 700 Lebo Blvd., P. 0. Box 2171 Bremerton, WA 98310 (206)479-7707
Dr. Victor Roggli Durham VA Medical Center Department ofPathology (113) 508 Fulton Street, F3196 Durham, NC 27705 (919) 286-0411
Mr. John D. McAllister, deceased
Dr. Kenneth Wallace Smith, deceased
Dr. Richard Gaze, deceased
Dr. Robert Johnson 4970 El Camino Real, Suite 250 Los Altons, CA 94002 (415) 494-2413
Mr. Richard L. Hatfield Law Engineering, Inc. 369 Plasters Ave. Altanta, GA 30324 (404) 873-4761
Maceo Cook 1070 Legion Club Road Salisbury, NC 28144 (704) 279-3089
Reverend Louis Turner 406 Pine Tree Drive Salisbury, NC 28144 (704) 636-9558
ROY FLEMING/NAME LIST - Page 27
Charles E. Evans, Jr. P. O. Box 568 East Spencer, North Carolina 28039-0568
Edward Allebach 109 Emerald Avenue Westmont, New Jersey (609) 854-9120
Dr. Elliott Kagan Georgetown Medical Center Georgetown University Department ofPathology 4000 Resrvoir Rd. N.W. Washington, D.C. 20007 (202) 687-1345
Scott R. Bickford Martzell & Bickford 338 Lafayette Street New Orleans, LA 70130 (504) 581-9065
Willie Fields 4239 South Claiborne Street New Orleans, LA 70118 (504) 891-5544
Arnold R. Brody, Ph.D. Tulane University Medical Center School ofMedicine Department ofPathology & Laboratory Medicine SL79 1430 Tulane Avenue New Orleans, LA 70112-2699 (504) 588-5224
Thomas Adkins 38252 River Drive Lebonan, Oregon 97355 (503) 258-2147
William Longo, Ph.D. Materials Analytical Services 3597 Parkway Lane Norcross, GA (770) 448-3200
ROY FLEMING/NAME LIST -Page 28
James Hubbard Senior Materials Scientist Materials Analytical Services 3597 Parkway Lane Norcross, GA (770) 448-3200
Dr. Hector Battifora City of Hope/Pathology Department 1500 East Duarte Surate, CA 91010 (818)359-8111
Dr. James Robb Cedars Medical Center 1400 Northwest Avenue Miami, FL 33136 (305) 325-5587
Dr. David C. Groth Pathologist and Consultant Occupational and Environmental Health 612 Mehring Way Cincinnati, OH 45202 (513)241-1361
Dr. James Bruce Luflin Pathology Laboratory 700 Gaslight Blvd. Lufktin, TX 75901 (409) 632-5992
Dr. R. D. Woodruff Bowman Gray School ofMedicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4311
Dr. Frederick Richards Bowman Gray School ofMedicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4354
ROY FLEMING/NAME LIST - Page 29
Dr. J. M. Salmon Bowman Gray School ofMedicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4354 Dr. G. J. Davis Bowman Gray School ofMedicine Medical Center Blvd. Winston Salem, NC 27157 (910)716-4354 Dr. Jay T. Segarra 414 Ward Avenue Ocean Springs, MS 39564 (601) 875-2954
ROY FLEMTNG/NAME LIST - Page 30