Document xjxdX6dmvQGY5jvwyGd6b1xMG

CAUSE NO. 2000-2274 LAMBERTO CORRAL HERRERA, ET AL VS. OWENS CORNING, ET AL IN THE COUNTY COURT AT LAW NO. THREE EL PASO COUNTY, TEXAS CHEVRON U.S.A., INC.'s RESPONSE TO PLAINTIFF LAMBERTO CORRAL HERRERA'S FIRST REQUEST FOR DISCLOSURE COMES NOW CHEVRON U.S.A. INC., one of the Defendants in the above entitled and numbered cause, responds to Request for Disclosure as to Plaintiff, Lamberto Corral Herrera pursuant to Tex.RCiv.P. 194.2. (a) Chevron U.S.A., Inc. (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 DNO/25089/186243 denies having supplied material or products which were defective. In the 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. 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 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. e. The following persons have knowledge of relevant facts: Lamberto Corral Herrera Plaintiff Defendant reserves the right to supplement. The following people are present or former employees of Chevron U.S. A., Inc. and 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. Tony Solis Safety Engineer c/o El Paso Refinery 6501 Trowbridge DNO/25089/186243 2 Tony Solis Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 John Driscoll Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Tom Mansfield Maintenance Helper & Inspection Dept & Design Engineering 11228 Signal Ridge El Paso, Texas 79936 (915) 592-4371 Lee Lehman Operations Supervisor & Compliance Specialist 10709 Gay Brewer El Paso, Texas 79935 (915)591-3551 Jimmy Waddell Pipefitter c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Eric Bailey Safety Engineer c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 DNO/25089/186243 3 Wayne Hollebeke Safety Engineer 2143 Sagecrest Las Cruces, New Mexico 88011 (505) 522-9094 Hans Fields Safety Engineer 2001 S. Gulfway Drive Port Arthur, TX 77640 (409)985-0729 Herb Lucke Maintenance Department 1286 Stubing Ct. El Paso, Texas 79925 (915) 772-2826 Gary Thurmond Engineering Department 1837 Kay Street Compton, California 90221 (213)635-0107 Greg Hanggi Former Engineering & Maintenance Chevron-Phillips Chemical Company 9500 IH-10 East Baytown, Texas 77521 (281)421-6578 H. R "Bob" Feld Former Maintenance Department 12400 Rojas No. 9 El Paso, Texas 79928 Sam Preckett Project Coordinator Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 DNO/25089/186243 4 Ronald Jones Former Maintenance Foreman 108 Huron P. O. Box 1322 Elephant Butte, New Mexico 87935 (505) 744-4543 Charles Heist Former Maintenance Foreman 10612 Candlewood El Paso, Texas 79935-4102 (915) 592-5781 Carl Pataky Engineer Chevron US.A. c/o El P? Refinery 6501 Ti^., bridge El Paso, Texas 79905 (915) 775-3411 Joe Machorro Pipefitter, Welder Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Robert Cheng, Ph.D. Industrial Hygienist Chevron Research & Technology 100 Chevron Way Richmond, California 94802 (510) 242-4144 DNO/25089/186243 5 Carlos Hermosillo Draftsman, Engineer Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Tim Hubbard Former Safety Department 1744 Carriage Drive Walnut Creek, California 94598-1200 (925) 944-0742 Dan H. Barber Former Safety Department 260 Fallen Leaf Drive Vacavelle, California 95687 (707)448-1932 Jim Keating Former Plant Manager Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 584-5292 Harold Larson Former Engineer and Contract Administrator Chevron U.S.A. c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Hank McDermott Chevron Research & Technology 100 Chevron Way Richmond, California 94802 (510) 242-4144 DNO/25089/186243 6 Dr. Howard Applegate Applied Environmental Services 716 LaRuz El Paso, Texas 79902 Barbara Cook Former company materials engineer Three District Inspection 100 Chevron Way Richmond, California 94892 (510) 242-1794 Mike Francis Pipefitter c/o El Paso Refinery 6501 Trowbridge El Paso, Texas 79905 (915) 775-3411 Jack Spence Industrial Hygenist 6416 Rose Garden Lane Roseville, California 95747 Stanley Dryden Industrial Hygenist 2795 Ribera Road Carmel, California 93923 (831) 624-9394 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. f. See Expert List attached as Exhibit "A" and incorporated by reference as if fiilly listed herein; DNO/25089/186243 7 In addition, Defendant reserves the right to call any of the Plaintiffs' treating doctors; In addition, Defendant reserves the right to call all expert witnesses listed by plaintiffs' including but not limited to: Plaintiffs' Experts listed in Plaintiffs' Supplemental Answers to All Defendants' Interrogatories (Wellington Defendants), (The Center for Claims Resolution Defendants) and ( Master Discovery Requests)/(Expert and Fact Witnesses) filed on March 29, 2000, In_ re; All Asbestos Related Personal Injury or Death Cases. Filed By Baron & Budd. P.C. or to be filed bv Baron & Budd. P.C. In El Paso County. Texas. These listed experts are incorporated in these answers as if set forth herein. In addition, Defendant also reserves the right to call Plaintiffs' Experts listed in Plaintiffs' list of Deposition Testimony and all supplements and amendments thereto. These listed experts are also incorporated in these answers as if set forth herein. In addition. Defendant reserves the right to call Plaintiffs' Experts; 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; 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;. 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. None i. There are no 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 of any medical records obtained through authorization that are not already available to the plaintiff. DNO/25089/186243 8 Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. 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, CHEVRON U.S.A. INC. DNO/25089/186243 9 CERTIFICATE OF SERVICE This will verify that a true and correct copy of Chevron U.S.A. Inc.'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 (o day ofNovember, 2000. Dsc&wtn-- Michael T. Bridwell DNO/25089/186243 10 CAUSE NO. 2000-2274 LAMBERTO CORRAL HERRERA, ET AL IN THE COUNTY COURT VS. AT LAW NO. THREE OWENS CORNING, ET AL EL PASO COUNTY, TEXAS CERTIFICATE OF WRITTEN DISCOVERY This is to certify that on ~P)&C- (o, 2000, Defendant served the following: Defendant, CHEVRON U.S.A. INC.'s Responses to Plaintiff, Lamberto Corral Herrera's First Request For Disclosure. Respectfully submitted, STRONG, PIPKIN, NELSON, BISSELL & LEDYARD, L.L.P. 14th Floor, San Jacinto Building Beaumont, Texas 77701-3255 (409) 981-1000 (409) 981-1010/FAX ATTORNEYS FOR DEFENDANT, CHEVRON U.S.A. INC. DNO/25U89/1S6529 CERTIFICATE OF SERVICE i hereby certify that a true and correct copy of the foregoing instrument has on this the day of2000, been forwarded to all counsel of record by U.S. Mail. Michael T. Bridwell DNO/2JOS9/186529