Document x5543zmMqaDrwLzrZEEE4vvG

CAUSE NO. 97-3798-H GUADALUPE L. BANDA, ET AL VS. OWENS-CORNING FIBERGLASS CORPORATION, ET AL. IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS 347TH JUDICIAL DISTRICT DEFENDANT CITGO PETROLEUM CORPORATION'S DESIGNATION OF EXPERTS TO: Plaintiffs, by and through their attorneys ofrecord, Russell W. Budd, Patrick N. Haines and Kimberly A. Castles, BARON & BUDD, P.C., The Centrum, Suite 1100,3102 Oak Lawn Avenue, Dallas, Texas, 75219-4281. COMES NOW, Defendant, CITGO Petroleum Corporation (improperly designated as CITGO Petroleum Company) "CITGO", and files this their designation of experts as follows: ? I. CITGO has filed a Motion to Exclude Plaintiffs' Experts, or in the Alternative to Compel and Extend the Defendant's Expert Deadline, and it is subject to the relief sought in said motion that CITGO files the following designation: II. 1. John Pendergrass, CIH, CSP, PE (non-retained) 6700 Milkhouse Court Mobile, Alabama 36695 (334) 607-0946 Mr. Pendergrass is a certified industrial hygienist who may testify from an industrial hygiene point of view the state of the medical and scientific knowledge regarding asbestos particularly in regard to the time period involved during which the Plaintiffs were allegedly on the premises allegedly owned by this Defendant. The subject matter may also include the use of asbestos during this time period, its importance, the lack of substitute products, and the employer's responsibility pre- and post-OSHA. 43514:905392.1:041900 2. Patrick N. Conoley, M.D. (non-retained) KELSEY SEYBOLD CLINIC 6624 Fannin, Suite 1800 Houston, Texas 77030 (713) 791-8787 Dr. Conoley is an M.D. and a "B" reader, who may testify concerning his review of the radiographs and CT scans ofthe Plaintiffs in this case and the significance ofvarious x-ray findings on the radiographs of the Plaintiffs. 3. Dorsett Smith, M.D. (non-retained) 4310 Colby Avenue Everett, Washington 98203 (425) 259-5171 Dr. Smith is an internal medicine physician with a sub-specialty in pulmonary disease and a "B" reader. Dr. Smith may testify concequng the state of the medical knowledge as. it pertains to asbestos and disease as the knowledge has evolved over time. ; 4. Allen Peterson (non-retained) 1838 Baxter Ridge St. Louis, Missouri 63017 (314) 537-9084 Mr. Peterson may testify on the issue of contractor control of the work site. 5. Dr. John Craighead (non-retained) Department of Pathology University of Vermont College of Medicine Burlington, Vermont 05405 (805) 656-2154 Dr. Craighead is an M.D. pathologist who may testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. 6. Howard E. Ayer (non-retained) Ayer Occupational Hygiene 2812 Linwood Avenue Cincinnati, Ohio 45208-2810 (513) 871-0146 43514:905392.1:041900 2- - - Mr. Ayer is an industrial hygienist who may testify concerning the state of the knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. 7. Dr. William Hughson (non-retained) UCSD Center for Occupational & Environmental Medicine 200 West Arbor Drive San Diego, CA 92103-8800 (619) 220-5050 The subject matter on which Dr. Hughson may testify is from an epidemiological and medical standpoint as to the state ofthe medical and scientific knowledge as it existed from time to time and in particular in regard to the time period involved in the alleged exposures in this case. 8. J. LeRoy Balzer (non-retained) 408 Horse Trail Court Walnut Creek, California 94595 (510)274-0826 __ I Mr. Balzer is an industrial hygienist who may testify concerning the status of industrial hygiene knowledge concerning asbestos as it has existed from time to time and the availability of substitute products. 9. Frances W. Weir, Ph.D. (non-retained) 8131 Wycomb Drive Houston, Texas 77070 (713) 893-4003 Dr. Weir is an industrial hygienist who may testify concerning the state of the knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. 10. Robert D. Soule (non-retained) 360 Debbie Drive Indiana, Pennsylvania 15701 (412) 349-7702 Mr. Soule is an industrial hygienist who may testify concerning the state ofthe knowledge concerning industrial hygiene practices concerning asbestos as it has existed from time to time. 43514:905392.1:041900 3- - - 11. Dr. Gayle Stockman (non-refained) 701 East Marshall #502 Longview, Texas 75601 (903) 753-0787 Dr. Stockman is a pulmonologist who may testify concerning the effects of asbestos on the human body and testimony possibly concerning her examination ofsome ofthe Plaintiffs in this case. 12. Dr. Philip T. Cagle (non-retained) Center for Pulmonary. Pathology Department of Pathology One Baylor Plaza Houston, Texas 77030 Dr. Cagle is a pathologist who may testify concerning the pathological examination oftissue and the relationship of certain cancers to asbestos exposure. 13. Dr. Andrew Churg (non-retained) Department of Pathology UNIVERSITY OF BRITISH COLUMBIA 2212 Westbrook Mall Vancouver, British Columbia V6TIW5 (604) 732-0186 ? Dr. Churg is a pathologist who may testify concerning the pathological examination oftissue and the relationship of certain cancers to asbestos exposure. 14. Dr. Hans Weill (non-retained) 755 Hearthstone Drive Basalt, Colorado 81621 (970) 927-9321 Dr. Weill is an M.D. pulmonologist who may testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. 15. Dr. Janet M. Hughes (non-retained) School of Medicine TULANE UNIVERSITY 1700 Perdido Street New Orleans, Louisiana 70112 (504) 588-5265 43514:905392.1:041900 4, - - Dr. Hughes is an M.D. pulmonologist who may testify concerning the state of the medical knowledge as it has existed from time to time as it relates to the effects of asbestos on the human body. 16. Dr. Elliot Henkies (non-retained) 301 N. Prairie, #311 Inglewood, California 90301 (310)674-0050 Dr. Henkies is a pulmonologist and oncologist who may testify concerning the state of the medical knowledge as it has existed from time to time and the medical conditions of the plaintiffs and their causes including the relationship of cigarette smoking. 17. Joseph F. Frantz (non-retained) THE FRANTZ COMPANY 14019 Southwest Freeway, Suite 301 Sugar Land, Texas 77478 Dr. Frantz is knowledgeable concerning the use of asbestos insulation and the alternatives therefor. Dr. Frantz may testify that it was not until the late 1960s or early 1970s that substitutes for asbestos products were developed. 18. Vanessa Ann Holland, M.D., MPH (non-retained) 78171 Buffalo Speedway #20012 Houston, Texas 77025 (713) 660-4690 Dr. Holland is a pulmonologist who may testify concerning the effects of asbestos on the human body and testimony possibly concerning her examination ofsome ofthe Plaintiffs in this case. 19. Kathryn Hale, M.D. (non-retained) Baylor College ofMedicine 6550 Fannin Smith Tower, Suite 1236 Houston, Texas 77030 (713) 790-2076 Dr. Hale is a pulmonologist who may testify concerning the effects ofasbestos on the human body and testimony possibly concerning her examination of some of the Plaintiffs in this case. 43514:905392.1:041900 5- - 20. Lawrence R. Birkner (non-retained) McKintyre, Birkner & Associates, Inc. Thousand Oaks, California (805)494-8173 Dr. Birkner may testify in the field of industrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. 21. James O. Rasmuson (non-retained) Chemistry and Industrial Hygiene, Inc. 4251 Kippling, Suite 110 Wheat Ridge, CO 80033 (303) 420-8242 Mr. Rasmuson may testify in the field of industrial hygiene and toxicology and the state of knowledge as it existed from time to time relating to the health effects ofasbestos exposure. 22. Robert Marshall Ross, M.D. (non-retained) ~ 2202 Sunset Blvd. Houston, Texas 77005 (713) 526-6470 ; f Dr. Ross may testify in the field ofpulmonary medicine and the results ofhis examination of one or more of the plaintiffs. 23. Robert J. Awe, M.D. (non-retained) Baylor College of Medicine Ben Taub General Hospital 1504 Taub Loop Houston, Texas 77030 (713) 793-2467 Dr. Awe may testify in the field of internal and pulmonary medicine and the state of knowledge as it existed from time to time relating to the health effects ofasbestos exposure. 24. Jack E. Peterson, P.E. (non-retained) Peterson Associates 2830 Via Viejas Oeste Alpine, CA 91901 (619) 445-9668 Dr. Peterson may testify in the field of industrial hygiene and the state of knowledge as it existed from time to time relating to the health effects of asbestos exposure. 43514:905392.1:041900 6* - - 25. John R. Holcomb, M.D. (non-retained) 4410 Memorial Drive, Suite 440 San Antonio, Texas 78229 (210) 692-9400 Dr. Holcomb is a medical doctor with a specialty in pulmonary medicine. The subject matter on which Dr. Holcomb may testify concerns the pulmonary condition of some of the Plaintiffs based upon his examination, x-rays, and tests performed that none ofthe Plaintiffs have asbestos-related disease and that they are not likely to develop asbestos-related malignancies, based upon the valid medical and scientific literature. 26. Gregory H. Foster, M.D. (non-retained) 6808 Helen Court Plano, Texas 75023 Dr. Foster is a pulmonologist who may testify concerning the effects of asbestos on the human body and his testimony may possibly concern his examination of some of the Plaintiffs. ~ ; s 27. Scott G. Donaldson, M.D. (non-retained) 5213 Seascape Lane Plano, Texas 75093 (214) 680-0666 Dr. Donaldson is a pulmonologist who may testify concerning the effects ofasbestos on the human body and his testimony may possibly concern his examination of some of the Plaintiffs. 28. Sam Cade, M.D. (non-retained) Baylor University Medical Center, Dept, of Radiology 3500 Gaston Avenue Dallas, Texas 75246 (214) 820-3219 Dr. Cade is an M.D. and a "B" reader, who may testify concerning his review of the radiographs and CT scans of some of the Plaintiffs in this case and the significance of various x-ray findings on the radiographs of the Plaintiffs. 29. Joe F. Gay (non-retained) 7704 Westwind Drive Ft. Worth, Texas 76179 (817)236-8418 43514:905392.1:041900 F -1- Former Director of Safety for Champlin. Mr. Gay's testimony may be primarily factual, but to the extent his testimony is considered as expert testimony, he is designated as an expert. Mr. Gay may testify based on his previous experience that when he began work at Champlin in 1974, asbestos exposures, if any, were believed to be of such a nature as to be within acceptable limits. He may also testify that Champlin hired knowledgeable contractors to deal with asbestos and that substitutes for asbestos containing products were used beginning no later than the summer of 1974. He may also testify concerning the roles of the employer/contractor and the premises owner. 30. William Burgin, Jr., FACP, FACCP, MD (non-retained) 2601 Hospital Blvd. . Corpus Christi, Texas 78405 (361) 884-8209 Dr. Burgin is a pulmonologist who may testify concerning the effects of asbestos on the human body and his testimony may possibly concern his examination of some of the Plaintiffs or review of their medical records and diagnostic studies. 31. Christopher Lucci, M.D. (Non-retained) Longevity and Wellness Center of South Texas 3301 S. Alameda, Suite 100 f Corpus Christi, Texas 78411 (361) 225-0800 Dr. Lucci saw and treated Amoldo Navarijo. His records have been requested and his opinions are unknown to this Defendant, at this time. 32. Robert D. Beauchamp, M.D. (Non-retained) 3226 S. Alameda Street Corpus Christi, Texas 78404 (361) 888-6684 Dr. Beauchamp is a radiologist. See copy ofthe report and curriculum vitae attached hereto. 33. H.R. Arnold, M.D. (Non-retained) 3226 S. Alameda Street Corpus Christi, Texas 78404 (361) 888-6684 Dr. Arnold is a radiologist. See copy of his report attached hereto. 43514:905392.1:041900 8" - - m. Pursuant to Rule 701 of the Texas Rules of Civil Evidence, the Defendant designates all persons who have been identified by any party as having knowledge ofrelevant facts who may offer testimony in the form of opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding ofhis or her testimony or the determination of a fact at issue. IV. CITGO hereby designates all experts designated by the other defendants in this case, and adopts by this reference, the expert designation of each and every defendant. CITGO also reserves the right to amend or supplement this designation. ? State Bar No. 13813900 Christopher Lowrance State Bar No. 00784502 1700 Wilson Plaza West 606 N. Carancahua Corpus Christi, Texas 78476 (361) 884-8808 (361) 884-7261 Facsimile ATTORNEYS FOR DEFENDANT, CITGO PETROLEUM CORPORATION (IMPROPERLY DESIGNATED CITGO PETROLEUM COMPANY) OF COUNSEL: ROYSTON, RAYZOR, VICKERY & WILLIAMS, L.L.P. 43514:905392.1:041900 - .9. CERTIFICATE OF SERVICE This certifies that a true and correct copy ofthe foregoing has been transmitted to all counsel of record as indicated on the attached Service List on this Pa -Hay of April, 2000. 43514:905392.1:041900 12- '-- - Service List CERTIFIED MAIL Return Receipt Requested Mr. Russell Budd Mr. Patrick N. Haines Ms. Kimberly A. Castles BARON & BUDD 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219-4281 FIRST CLASS MAIL Mr. Rick Thamm Ms. Beth McGregor Mr. William J. Cozart, Jr. BEAN & MANNING, L.L.P. 5847 San Felipe Street, Suite 1500 Houston, TX 77057 Counsel to Owens-Coming Fiberglas Corporation Mr. Phillip Wemer WERNER & KERRIGAN 1300 Post Oak Blvd., Suite 2225 Houston, TX 77056 Counsel to Koch Refining Co. (as successor to Suntide Refining Co.) Mr. B. Stephen Rice HAYS, McCON, RICE & PICKERING 400 Two Allen Center Houston, TX 77002 Counsel to Union Pacific Resource Company (f/k/a Champlin Petroleum Company (Ind. and as successor-by-merger to Pontiac Refining Corp.); (CIC Industries, Inc. (non-suited 10/14/97); Coastal Refining and Marketing (non-suited); Coastal States Crude Gathering Company (non-suited); Coastal Corporation (non-suited); and Coastal Holding Corporation (non-suited). Mr. Richard C. Danysh BRACEWELL & PATTERSON, L.L.P. 106 S. St. Mary's Street, Ste. 800 San Antonio, TX 78205 Counsel to Southwestern Refining Company, Inc. Mr. Anthony E. Pletcher WHITE, HUSEMAN & PLETCHER 600 Leopard Street Suite 2100 Corpus Christi, TX 78473 Counsel to Minnesota Mining & Manufacturing Co. (a/k/a "3M") Mr. Thomas W. Taylor ANDREWS & KURTH, L.L.P. 600 Travis Suite 4200 Houston, TX 77002 Counsel to Rapid-American Corp. (as successor-by merger to Glen Alden Corp., Briggs Manufacturing Co., Philip Carey Corp. and Philip Carey Manufacturing Co.) Mr. Mel D. Bailey -4DEHAY & ELLISTON 901 Main Street ^ 3500 NationsBank Plaza t Dallas, Texas 75202-3736 : Counsel to Georgia Pacific Corporation (Individually and as successor to Bestwall Gypsum Co.) and U. S. Mineral Products Company Ms. Debra S. Fitzgerald CROUCH & HALLETT L.L.P. 1400 Maxus Energy Tower 717 N. Harwood Street Dallas, Texas 75201 Counsel to North American Refractories Company Mr. Frank Hannon CRAIN, CATON & JAMES 3300 Two Houston Center Houston, TX 77010 Counsel to Crown Cork <4 Seal Co., Inc. (successor to Mundet Cork Co.) Mr. John T. Ward BROWN, McCARROLL, OAKS 1300 Wortham Tower 2727 Allen Parkway Houston, TX 77019-2100 Counsel to The Anchor Packing Co., Garlock Inc. and Kelly Moore Company Inc. 43514:814603.WP:060598 Mr. David A. Livingston LIVINGSTON & MILLER, P.C. Paragon Center One 450 Gears Road, Ste. 625 Houston, TX 77067 Counsel to Aqua-Chem, Inc. (dfb/a Cleaver-Brooks Division) Mr. Thomas Dougall BOWERS, ORR & ROBERTSON P. O. Box 25389 Columbia SC 29224-5389 Counsel to Proko Industries, Inc. Ms. Patricia Kelly ADAMS & GRAHAM, L.L.P. 222 E. Van Buren West Tower Harlingen, TX 78550 Counsel to Pittsburg Coming Corp. (successor to UNARCO Industries, Inc. and W. R. Grace & Co. Conn, successor to W. R. Grace & Co.) Mr. Ronald B. Walker WALKER, KEELING & CARROLL, L.L.P. 210 E. Constitution Post Office Box 108 Victoria, Texas 77902-0108 Counsel to Aluminum Company ofAmerica Mr. James Harris HARRIS & LIVELY, P.C. 845 Petroleum Tower Beaumont, Texas 77704 Counsel to The Flintkote Co. Mr. James M. Riley, Jr. COATS ROSE YALE & HOLM 800 First City Tower 1001 Fannin Street Houston, Texas 77002-6707 Counsel to Foster-Wheeler Energy Corporation Mr. W. Neil Rambin STRASBURGER & PRICE 43000 NCNB Plaza, 44th Floor 901 Main Street Dallas, Texas 75202 Counsel to General Refractories Co. Mr. Louis C. Miltenberger CORDRAY, GOODRICH & MILTENBERGER One Century Plaza, Suite 500 108 W. 8th Street Fort Worth, Texas 76102 Counsel to Harbison-Walker Refractories Co. (formerly a division ofINDRESCO, Inc.) and 1NDRESCO, Inc. (successor to Harbison-Walker Refractories, a division ofINDRESCO, Inc.) Mr. William J. Skepnek LAW FIRM OF SKEPNEK & MADDOX Mercantile Bank Tower, Suite 601, 900 Massachusetts Lawrence, Kansas 66044 Counsel to Raymark Corp. (as successor to Asbestos Litigation Management Corp.) and Raymark Industries, Inc. (as successor to Raymark Friction & Universal Friction Composites) ^Ir. Tom Nye Mr. David Walsh Ms. Lynda C. Carter BRIN & BRIN, P.C. 1202 Third Street Corpus Christi, Texas 78404 Counsel to Synkoloid, a Division of Muralo Co., Inc. Mr. Richard L. Forman FORMAN, PERRY, WATKINS, ET AL. One Jackson Place, Suite 1200 188 E. Capitol Street Jackson, Mississippi 39201 Counsel to Uniroyal Holding, Inc. (successor to U.S. Rubber Co.) Mr. Larry Cotten KIRKLEY, SCHMIDT & COTTEN 2700 City Center II 301 Commerce Street Fort Worth, Texas 76102 Counselfor E.I. Dupont de Nemours & Company 43514:814603.WP:060598 Mr. Stephen Loftin HICKS, THOMAS & LILIENSTERN 700 Louisiana, Suite 1700 Houston, Texas 77002 Counselfor Kaiser Aluminum Mr. James Tompkins GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH 3555 Timmons Lane, Suite 1225 Houston, Texas 77027 Counselfor Combustion Engineering Mr. Jerry Kacal DUNN, KACAL, ADAMS, PAPPAS & LAW 2600 America Tower 2929 Allen Parkway at Waugh Houston, Texas 77019-2151 Counselfor AC&S, Inc. Mr. David J. Fisher FAIRCHILD, PRICE, THOMAS HALEY & WILLINGHAM P. O. Drawer 1719 Center, Texas 75935-1719 Counselfor J.T. Thorpe 43514:814603.WP:060598 ALAMEDA IMAGING CENTER DIAGNOSTIC IMAGING REPORT NAVARIJO, ARNOLD M DOB: 04/30/48 AGE: MR#: 144850 EXAM DATE: 08/19/99 SEQ#: 020 PHYSICIAN(S): CHRISTOPHER C LUCCI, M.D. OVERREAD-CONCENTRA NPID 76140 51 ROOM: VT: occ DX: NEW HIRE/CXR PA AND LATERAL CHEST: FINDINGS: PA and lateral films of the chest are submitted without prior films for comparison. The cardiac, mediastinal, and hilar structures are normal. The lungs are well aerated and are clear. Specifically, I see no evidence of infiltrate or interstitial thickening. No pleural based plaques are identified. The osseous structures of the thorax reveal mild degenerative findings within the mid and lower dorsal spine. Specifically I see no evidence of bullet or bullet fragments. IMPRESSION: ^ Normal chest. RDB/LJR T: 08/20/99 D: 08/20/99 V: 08/19/99 14:51 14:32 09:47 READ BY: ROBERT D BEAUCHAMP, M.D. RELEASED BY: ROBERT D BEAUCHAMP, M.D. Page 1 of 1 1 ROBERT DRAKE BEAUCHAMP, M.D Curriculum Vitae ''Undergraduate::-. y! Vanderbilt University, Nashville, Tennessee (1982 - 1986) .. . .-..x 1 'MedlcdlSchodl:. :;:. :z-;.;. ; i:!-.1 =:': ': University of Texas Medical Branch, Galveston, Texas (1986 - 1990) .Residency m.Radiology:-:. ' .* *; ' :'! \ *fl ...... . Emory Affiliated School of Medicine, Emory Affiliated Hospital, Atlanta Georgia v.: *'* ;. Fellowship:. .'' -v ' ' ' S i: Emory University School of Medicine, Atlanta, Georgia (1994 r v 1995) : Board Certification; - ', .:s. : American Board of Radiology . ;.!! " r.V*. *..*C Licensure: . . .. , V Liecnss Number H9785 State of Texas . . . : Received -V Revoked * No' ;* \ ; Profes.sional Memberships:: .. ... .... .- -: .c. ..... . American College of Radiology Radiological Society ofNorth America * *: : * American Roentgen Ray Society American Roentgen Ray Society ; I P, ers. on. al: " V. * * *::! Native of San Antonio, Texas. Interests include American Civil War History, Fishing, Tennis & Golf August 8,1995 PATIENT: DOB: ESN: EXAMINATION: DOCTOR: Arnold M. Navarijo 4/30/48 463-74-3762 Chest - #1051082 (8-7-95) F. Mam, M.D. HISTORY: Industrial Checkup CHEST: Examination of the chest shows minimal degen srative changes in the dorsal spine. The heart and other mediastinal structures are nom al. The lungs show minimal diffuso interstitial fibrosis. There is very minimal pleural fil >ross at the distal end of the horizontal interlobar fissure on the right. OPINION: (1) Minimal pulmonary fibrosis. (2) Minimal pleural fibrosis on the right. (3) Otherwise essentially negative chest. KRA:eme cc James Bell HR. As nold, M.D.