Document yp3kD356Br0zLyXpKM6JDX4Bn

IN THE COUNTY COURT AT LAW NUMBER THREE EL PASO COUNTY, TEXAS JOSE ROSENDO MARTINEZ, SR., AND ELENA LOPEZ MARTINEZ, Plaintiffs, v. GAF CORPORATION, ET AL., Defendants. ) ) ) ) ) ) ) ) ) ) Cause No. 2000-2591 DEFENDANT ASARCO INCORPORATED^ SECOND SUPPLEMENTAL RES_E.QNS_ TO PLAINTIFF'S REQUESTS FOR DISCLOSURE TO: Plaintiffs Jose Rosendo Martinez, Sr. And Elena Lopez Martinez, by and through their attorney ofrecord, Baron & Budd, 3102 Oak Lawn Ave,, Suite 1100, Dallas, Texas 752194281. Comes now ASARCO INCORPORATED formerly known as American Smelting and Refining Company, a corporation of the State of New Jersey, with a principal place ofbusiness in the State of Arizona (subsequently referred to as "ASARCO"), named Defendant herein, and in answer to Plaintiffs' Requests for Disclosure, makes and files this response pursuant to Rule 194 of the Texas Rules of Civil Procedure, respectfully showing unto the Court the following: (a) The Correct Names of the Parties to the Lawsuit: ASARCO Incorporated, formerly known as American Smelting and Refining Company. (b) The Name, Address and Telephone Number of any Potential Parties: No other potential parties are known at this point in time. As ASARCO's investigation of Plaintiffs claim is ongoing, ASARCO expressly reserves its right to amend and/or supplement this response. 54S760 (c) TheLegal Theories and, in General, the Factual Bases ofthe Responding Party's Claims or Defenses: ASARCO denies that its conduct toward Plaintiffs was in any way negligent, grossly negligent or malicious and denies responsibility for the injuries and/or death alleged by Plaintiffs in the original petition and all subsequent amended pleadings. ASARCO denies that it failed to maintain a safe workplace and denies thatPlaintiffJose Rosendo Martinez, Sr., was exposed to any asbestos and/or asbestos-containing products at its El Paso facility. ASARCO also denies that it undertook and/orfailedto provide an adequate safetyprogram, safe instrumentalities andcareful and competent fellow servants to the Plaintiff. ASARCO further denies that it conspired to cause Plaintiffs' injuries and/or death. Further, even ifPlaintiff could establish that he was exposed to asbestos and/or asbestoscontaining products at the El Paso facility, such exposure was not the cause ofPlaintiffs alleged injuries and/or death. Even ifASARCO is found to be negligent. Plaintiffs alleged injuries and/or death were not proximately related to or caused by ASARCO's conduct. ASARCO denies that Plaintiffs injuries and/or death were caused by an asbestos-related disease. Further, even if Plaintiff did suffer from an asbestos-related disease, he failed to assert a claim for such injuries within the applicable limitations period. In addition. Plaintiffwas himself negligent and/or assumed the risk ofinjury by failing, on occasions, to avail himselfofor use safety equipment, respirators, and other protective devices that could have reduced or prevented his exposure to industrial dusts and/or chemicals. If Plaintiff was a cigarette smoker. Plaintiff was negligent and otherwise caused or contributed to his alleged injuries by continuing to smoke cigarettes in the face ofknowledge and/or warnings that cigarette smoking was hazardous to health. Further, ifPlaintiffwas an employee ofASARCO atthetime the alleged conduct and injuries occurred, Plaintiffs claims for injuries and/or death are limited and governed by the Workers' Compensation Laws ofthe State ofTexas. Pursuant to those laws. Plaintiffs damages cannot be sought or recovered from ASARCO. Further, if Plaintiff was an employee of a contractor at the time the alleged conduct and injuries occurred. Plaintiffs employer was a knowledgeable and sophisticated contractor who had a duty to safeguard and protect its employees from actual and potential workplace hazards and. therefore, ASARCO had no direct duty to Plaintiffto ensure that Plaintiffs employment was free from hazards encountered under the direction ofhis employer. In addition. Plaintiffs' damages, ifany, were causedby negligent acts or omissions or breach ofwarranty by third parties or other defendants and/or exposure to certain products manufactured ordistributedby said thirdparties or defendants. Accordingly, pursuantto applicable law, ASARCO is entitled to a comparative apportionment of fault, if any, as to the other defendants and/or third 549760 parties and is entitled to ajudgment against diem for contribution and/or indemnity or a percentage reduction in accordance with the apportionment offault Finally, ASARCOrefers Plaintiffto die Special Exceptions, General Denial and Affirmative Defenses set forth in its Answer to Plaintiffs' Seventh Amended and any subsequent Petition. As ASARCO's investigation of Plaintiff's claim is ongoing, ASARCO reserves the right to amend and/or supplement this response. (d) The Amount and any Method of Calculating Economic Damages: Not applicable to Defendant. (e) The Name, Address and Telephone Number of Persons Having Knowledge of Relevant Facts and a BriefStatement ofEach Identified Person's Connection With the Case: 1. All individuals named or to be named as medical witnesses, lay, expert, product identification, liability, and othernon-medical witnessesby Plaintiffin this action including but not limited to the following: Dr, Spearman El Paso, TX Dr. Enrique Martin El Paso, TX Dr. Ronald Bhiminfield 1733 Curie Drive El Paso, TX Dr, Daniel Voglewede 125 West Hague Road, Suite 400 El Paso, TX Dr. Charvanal El Paso, TX Dr. Robert Zurek 1250 East Cliff, Suite 5-B El Paso, TX Dr. Edward Goldman 100 East Schufler El Paso, TX Dr. Vipoobr Patel 1250 East Cliff, Suite 2-A El Paso, TX Dr. Eisenburg 1250 East Cliff, Suite 2-A El Paso, TX Dr. John Turess 1300 Murchison Drive, #180 El Paso, IX Dr. Bobby Maddox 8001 Montana El Paso, TX Hotel Dieu Hospital El Paso Providence Memorial Hospital Sierra Medical Center Transplant 549760 3 2001 North Oregon Street El Paso, TX La Mariposa Hospice 2001 North Oregon Street El Paso, TX Raymundo Martinez 1727 Brandonburg San Antonio, TX Maria Louisa Lopez 19422 Whitewood Drive Spring, TX Jose R. Martinez, Jr. 5451 West Folley St Chandler, AZ Federico Gaidea 1349 Vista de Oro El Paso, TX Santos Alvarado Joe Vaca, Jr. Maximo Veagomez Carmen Contreras Ramon Galavez Jimmy Gibson Roberto Bustamante Jose Bautista Ramon Baeza 549760 1625 Medical Center Street El Paso, TX Elena Lopez Martinez 901 Loretto Road El Paso, TX Hector Martinez 5047 Montoya Drive El Paso, TX Gloria Fernandez 261 Via Palacio El Encenito, CA Luis Bellman 3996 Doniphan, #7 El Paso, TX Manuel Macias 8905 Turrentine Drive El Paso, TX Joe Vaca, Sr. Joe Bombeck Pete Martinez Lorenzo Mendoza Pedro Morales Alfonso Martinez Raymundo V. Villa. Sr. Eduardo Barajas Jesus Fierro Everto C. Mendez AJfonso Loustaunau Luis Martinez Bustamente Richard L. Hatfield Dr. Judith A. Pester Dr. Juan U. Contin Dr. Hector Battifora Dr. John Dement Dr. Richard A. Lemen William Longo, Ph.D. Dr. Janies A. Robb 2. All individuals named or to be named as medical witnesses, lay, expert, product identification, liability, and other non-medical witnesses by any other defendantor otherparty to this action. To date, ASARCOhas notbeen served with any discovery responses orwitness designations by co-defendants or other parties to this action. ASARCO reserves the right to supplement this response upon receipt of same. 3. All individuals named or to be named in any party's answers to interrogatories. 4. below). All individuals named or to be named as an expert witness by ASARCO (as set forth 5. Individuals who were employed asplantmanagers, industrial hygienists, and/orsafety personnel at the El Paso facility during the relevant time period. 6. Michael O. Varner, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Mr. Varner was employed by ASARCO from 1971 through approximately 1999 and he held various positions in the Environmental Sciences, Technical Services and Environmental Operations departments. 7. John B. Richardson, c/o ASARCO Incorporated, 3422 South West. Salt Lake City, Utah (801) 263-5220. Mr. Richardson has been employed by ASARCO since approximately 1973. and he has held various positions in the Environmental Sciences and Technical Services departments. 8. James P. Sieverson, c/o ASARCO Incorporated, 3422 South West, Salt Lake City. Utah (801 >263-5220. Mr. Sieverson was employed by ASARCO from approximately 1972 through 1990 in various positions in the Environmental Sciences department. 5*9760 9. Donald A. Robbins, c/o ASARCO Incorporated, 3422 South West, Salt Lake City, Utah (801) 263-5220. Mr. Robbins is currently employed by ASARCO as the Director of Environmental Services. ASARCO reserves the right to call additional fact witnesses for die purpose of rebuttal or impeachment, if necessary, at the time of trial. As discovery in this case is ongoing, ASARCO further reserves the right to amend and/or supplement this response up to the time oftrial. (I) For any Testifying Expert: (1) The expert's name, address and telephone number: (2) The subject mater on which the expert will testify: (3) The general substance of the expert's mental impressions and opinions and a briefsummary ofthe basis for them, or ifthe expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information: (4) If the expert is retained by, employed by, or otherwise subject to the control ofthe responding party: (A) All documents, tangible things, reports, models or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation ofthe expert's testimony; and (B) The expert's current resume and bibliography. 1. All individuals designated or to be designated as expert witnesses by Plaintiff, whether live or by deposition testimony including but not limited to: Dr. Judith A. Pester Dr. Juan U. Contin Dr. Hector Battifora Dr. John Dement Dr. Richard A. Lemen William Longo, Ph.D. Richard L. Hatfield Dr. James A. Robb 2. All individuals designated or to be designated as expert witnesses by any other defendant or any other party to this action, whether live or by deposition testimony, and without regard to that party's presence at the time oftrial. To date, ASARCO has not been served with any discovery responses or witness designations by co-defendants or other parties to this action. ASARCO reserves the right to supplement this response upon receipt ofsame. 3. All physicians orotherhealthcarepractitioners who havetreated Plaintiffat anytime and forany condition and whose names, addresses, and qualifications are already known to Plaintiff, may be called to testify, whether live or by deposition testimony. 549760 6 Dr. Spearman El Paso, TX Dr. Ronald Bhiminfield 1733 Curie Drive El Paso, TX Dr. Charvanal El Paso, TX Dr. Edward Goldman 100 East Schuller El Paso, TX Dr. Eisenburg 1250 East Cliff, Suite 2-A El Paso, TX Dr. Bobby Maddox 8001 Montana El Paso, TX Dr. Enrique Martin El Paso, TX Dr. Daniel Voglewede 125 West Hague Road, Suite 400 El Paso, TX Dr. Robert Zurek 1250 East ClifT, Suite 5-B El Paso, TX Dr. Vipoobr Patel 1250 East Cliff Suite 2-A El Paso, TX Dr. John Turess 1300 Murchison Drive, #180 El Paso, TX La Mariposa Hospice 2001 North Oregon Street El Paso, TX Hotel Dieu Hospital El Paso, TX Providence Memorial Hospital 2001 North Oregon Street El Paso, TX Sierra Medical Center Transplant 1625 Medical Center Street El Paso, TX 4. All physicians who have prior to trial examined Plaintiffand/or Plaintiffs medical records, hospital records, laboratory test results, x-ray or other diagnostic imaging films and/or any other information ofwhateverkind relating to the health ofPlaintiff, on behalfofany party, without regard to that parly's presence at the time oftrial, who will testify as to (he Plaintiffs clinical course and causation ofany illness, either live or by deposition testimony. 5. Allen R. Gibbs. M.D.. Department of Pathology, Llandough Hospital, South Glamorgan, Penarth CF, 61XX, United Kingdom, is a pulmonary pathologist who received his medical degree from Newcastle Upon Tyne. He is a Fellow ofthe Royal College of Pathologists. He is a consultant pathologist to South Glamorgan Health Authority and is an honorary clinical teacher to the University of Wales College ofMedicine. Dr. Gibbs is also an honorary consultant to the MRC external staff team on occupational lung diseases at Llandough Hospital. He was a 549760 senior lecturer in pathology at the University of Wales College of Medicine. He has special expertise in the diagnosis ofasbestos-related diseases and the pathogenicity ofthe various forms of asbestos for pulmonary and pleural diseases and has reviewed over 1,000 lung samples involving asbestos-related changes. Additionally, Dr. Gibbs has authored or co-authored over 45 articles, papers and chapters in the field ofpathology, many ofwhich relate to asbestos-related disease. Dr. Gibbs may review the pathological evidence in this case and testify concerning whether it is diagnostic ofasbestos-related disease. On the basis ofDr. Gibbs' personal research into issues concerning asbestos-related disease, his knowledge of the medical literature and knowledge ofthe facts of this case as they are known to date. Dr. Gibbs may testify generally as to the dangers posed by the inhalation ofasbestos fibers, the relative risks associated with exposure to low levels of airborne asbestos dust in the general environment, and the risks posed to Plaintiff from his alleged exposure to airborne asbestos dust. Dr. Gibbs may base his testimony on the available medical and scientific literature, applicable statutes andregulations, his owntraining and experience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony ofall other witnesses named orto benamedby ASARCO or any otherparty, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time oftrial. 6. Jeremiah Lynch. C.I.H.. 25 Waterman Avenue. Rumson. New Jersey. Mr. Lynch is a Certified Industrial Hygienist Mr. Lynch will testify generally as to his background, training and experience. Mr. Lynch will testify as to the methods and procedures involved in industrial hygiene, the methods and procedures utilized in the collection ofairborne asbestos samples, including fiber measurement and counting techniques, and the use ofindustrial hygiene methods to control worker exposure to airborne asbestos dust Mr. Lynchwill further testify concerning threshold limit values, the various threshold limit values for asbestos exposure, the basis for the original threshold limit value and its subsequent changes. Mr. Lynch will further testify concerning the setting and implementation ofasbestos exposure limits by OSHA, and the subsequent changes to those limits, and OSHA regulations pertaining to Plaintiffs workplace at various times. Mr. Lynch may also testify concerning the industrial hygiene programs implemented by Plaintiffs employers at various times, and how those programs compared to the industrial hygiene standards at various times. Mr. Lynch will further testify with regard to the effectiveness of the industrial hygiene program at ASARCO as compared to the various standards applicable at different times. Mr. Lynch may also testify as to the asbestos exposures which Plaintiff would have had at various times during his employment history. Mr. Lynch will also testifywith regard to environmental exposures to airborne asbestos experienced by millions ofAmericans for which there is no epidemiological evidence of disease. Mr. Lynch may offer such other opinions as may become necessary to rebut the opinions ofPlaintiffs experts. Mr. Lynch will base his testimony on the available medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother 549760 8 experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony ofall other witnesses named or to be named by ASARCO or any otherparty, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time oftrial. 7. Ernest Mastromatteo. M.D.. 19 Carey Road, Toronto, Ontario, Canada M4S 1M9. Dr. Ernest Mastromatteo is a medical doctor specializing in occupational and environmental health. He is currently Professor Emeritus, Occupational and Environmental Health, University ofToronto and selfemployed as a consultant in Occupational and Environmental Health. Dr. Mastromatteo received his Doctor ofMedicine degree from the University ofToronto in 1947. He received a Diploma in Public Health from the University ofToronto in 1950 and a Diploma in Industrial Health from the University ofToronto in 1958. In 1958, Dr. Mastromatteowas certified in Occupational Medicineby the American Board ofPreventive Medicine. In 1981, Dr. Mastromatteo was certified in Occupational Medicine by the Canadian Board ofOccupational Medicine. From 1949 to 1952, Dr. Mastromatteo served as the Medical Directorofthe Virden Local Health Unit, Virden, Manitoba. In 1952, Dr. Mastromatteo commenced employment as a physician and consultant with the Ontario Ministry of Health. In 1968, he became the Director of die Division of Occupational and Environmental Health ofthe Ontario Ministry ofHealth. He remained in that position until 1974. From 1966 to 1974, Dr. Mastromatteo also saved as a Consultant in Occupational Diseases to the Ontario Workers' Compensation Board. From 1968 to 1974, Dr. Mastromatteo was a part-time professor at the University ofToronto and from 1972 to 1974, he was Professor and the Head of the Department ofOccupational and Environmental Health ofthe University ofToronto. In 1974, Dr. Mastromatteo became Chiefofthe Occupational Health and Safety Branch ofthe International Labour Office ("ILO") in Geneva, Switzerland. He remained in that position until 1976. From 1976 to 1985, Dr. Mastromatteo was employed as Director of Occupational Health for Inco Limited, Toronto, Canada, From 1985 to 1994, Dr. Mastromatteo was employed as the Program Director, Occupational and Environmental Health, ofORC Canada Inc., Toronto, Canada. During that period, from 1985 to 1990, Dr. Mastromatteo also served as a consultant to the Occupational Health Policy Branch of the Ontario Workers* Compensation Board. From 1976 to the present. Dr. Mastromatteo has served as an Honorary Consultant to the Occupational Health Clinic ofSt. Michael's Hospital, Toronto, Canada Dr. Mastromatteo is a member ofthe Ontario Medical Association and Chaired the Section on Occupational Health and the Committee on Public Health. He is a member of the Canadian Medical Association. Dr. Mastromatteo was elected to the Ramazzini Medical Society in 1968 and has been a member oftire International Commission on Occupational Health since 1968. Dr. Mastromatteo is an Honorary Lifetime Member of the American Conference of Governmental Industrial Hygienists ("ACGIH")- Dr. Mastromatteo has served as a member ofthe ACGIH Threshold Limit Value ("TLV") Committee since 1964. He was Chair ofthe TLV Committee from 1985 to 1990 and President ofthe ACGIH fbrthe 1969-1970term. Dr. Mastramatteohasreceivednumeroushonors and awards inthefield of occupational medicine. Among his other awards, in 1981 he received the Stokinger Award for Scientific Contributions to Occupational Toxicology in the United States. In 1986. he received the Yant 549760 9 Award forScientific Contributions to Industrial Hygjene inthe United States. In 1987, Dr. Mastromatteo received the Knudsen Award for his contributions to Occupational Medicine in the United Stales. In 1987 he was also inducted into the Safety and Health Hall ofFaroe International Dr. Mastromatteo will furthertestily that as a long-standing memberofthe American Conference of Governmental Industrial Hygienists Threshold Limit Value Committee, he is familiar with that organization's criteria for establishing threshold limit values. In setting those thresholds, the ACGIH examines all of die available evidence and bases its decision on the weight of evidence. As such, die ACGIH examines the studies and evaluates those studies based on their methodology and scientific reasoning. Based on its review ofthe bestmedical evidence, the ACGIH set its first threshold limitvalue forasbestos in 1946 and has changed it from time to timewhere the medical evidence has warranted such a change. Dr. Mastromatteo will testify as to the threshold limit value at different points in time and die medical knowledge that was available to the ACGIH concerning the health effects of asbestos. Dr. Mastromatteo will further testify that the Occupational Safety and Health Administration {"OSHA") does not rely on die weight ofevidence but sets its PEL based on a different control strategy. OSHA determines a safe level then sets the permissible exposure limit ("PEL") by adding factors of between ten (10) and one hundred (100) times. OSHA has set the PEL for all types ofasbestos at 0.1 fifcc. That level ofexposure is many times below the level ofexposure which onewould expect to cause disease in the average worker. Dr. Mastromatteo will base his testimony on the available medical and scientific literature, applicable statutes andregulations, his own trainingandexperience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony ofall other witnesses named orto be namedby ASARCO or any otherparty, whether live or hy deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 8. Howard E. Aver. C.LH.. 2812 Linwood Avenue, Cincinnati, Ohio. Mr. Ayer is a Certified Industrial Hygienist and a Certified Safety Professional. He is Emeritus Professor of Environmental Health, Division ofEnvironmental Hygiene and Safety, University ofCincinnati. Mr. Ayerreceived his Bachelor degree in Chemical Engineering in 1948 from the University ofMinnesota. He received a Masters ofScience in Industrial Hygiene Engineering from Harvard University in 1955. Mr. Ayer was employed by fixe United States Public Health Service ("USPHS") from 1948 to 1972. During that time period he served with the National Institute for Occupational Safety and Health, and its predecessor organizations (Division ofOccupational Health, Occupational Health Program and Bureau ofOccupational Safety and Health). He was assigned by the USPHS to file Kansas Stale Board ofHealth, the Occupational Health Field Station in Salt Lake City, Utah, and the Occupational Health Field Headquarters in Cincinnati, Ohio. Mr. Ayerwas Assistant Chiefofthe Engineering Section from 1961 to 1964, Chieffrom 1964to 1967andAssistant Director oftheDivision ofField Studies from 1967 to 1972. Mr. Ayer has been with the University of Cincinnati, Institute of Environmental Health (Kettering Laboratory) as aProfessor and Emeritus Professor since 1972. From 1982 to 1983, Mr. Aver took a sabbatical year in safety engineering at Texas A&M. 549760 TO Mr. Ayer has served on numerous committees in the field ofindustrial hygiene. As a member ofthe ACGfflL, Mr. Ayer saved on the Air Sampling Instruments Committee, the Energy Committee, theVentilation Committee, andtheCommitteeonEnvironmental Factors in the Pneumoconioses (which hechaired forthreeyears). Mr. Ayeralso chaired theadhocjoint AlHA-ACGIH Committeeon Uniform Methods in ImpingsrCounting. Mr. Ayerhas authored over40 publishedpaperson matters ofindustrial hygiene. Mr. Ayer's testimony will be based on his knowledge, training and experience in the field of industrial hygiene as it relates to asbestos and asbestos-containing products. Mr. Ayer will also testify as to the state ofindustrial hygiene at various points in time. Mr. Ayer may also testify as to the asbestos exposures which Plaintiff would have had at various times duringhis employmenthistory. Defendant ASARCO reserves the right to supplement this information based on documents or testimony concerning exposure levels which to date have not been discovered. Mr. Ayerwillbasehis testimonyon the availablemedical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports ofother experts named or to be named by ASARCO or any other party, whether live orby deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 9. Arthur M. Langer. Ph.D,, Director. Environmental Sciences Laboratory ofthe Institute ofApplied Sciences,Brooklyn CollegeoftheCityUniversityofNew Yoik, Brooklyn,NewYork 11210. Dr. Langer received his Bachelor ofArts degree in Geology from Hunter College, City University of New York in 1956. In 1962, Dr. Langer received his Master of Aits in Petrology (geology) from Columbia University. Dr. Langer received his PhD. in Mineralogy from Columbia in 1965. Dr. Langermay testify asto hisbackground, training, experience, fellowships, memberships and other professional activities, honors and awards, editorial board service, appointments, publications in peer reviewed journals, abstracts and symposia proceedings, contributions to books, monographs and reports, national, international and regional committees and consultations, national and international invited seminars, lectures, meetings and conferences, and his participation in post-graduate education courses as fully set forth on his C.V. Dr. Langer may further testify as to his extensive study and experimentation with regard to the family ofminerals commonly referred to as asbestos. Dr. Langer will base his testimony on the available medical and scientific literature, applicable statutes andregulations, his own trainingand experience, theopinions and reports ofother experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony ofall otherwitnesses named or to be named by ASARCO orany other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time oftrial. 549760 11 10. Robert Murray. M.D.. South Hill, Church Road, Newton Green, Sudbury, Suffolk, CO 10 OQP, United Kingdom. Dr. Murray was an occupational health consultant. He qualified in medicine in 1939 at Glasgow University. From 1941 to 1946 he served in the R.A.M.C. in West Africa, India and Burma and was mentioned in despatches. Dr. Murray received his Diploma in Public Health in January, 1947. In April 1947, he became one ofonly 12 ofHer Majesty's Medical Inspectors ofFactories and was assigned to the East Lancashire Division based in Manchesterwhere he remained until 1956. While there, his Chief was E.R.A. Merewether. Dr. Murray regularly visited the asbestos factories within his jurisdiction including Turner Brother's Asbestos, British Belting and Asbestos, and Cape Asbestos. As a Medical Inspector, Dr. Murray's duties included assisting the District Inspector in the implementation ofthose parts of the Acts and Regulations dealing with occupational health. This included the Asbestos Industry Regulations of 1931. In 1949 he received the Diploma in Industrial Health of the Society of Apothecaries and lectured in Professor Lane's Department of Occupational Health in Manchester. Dr. Murrayjoined the International Labour Office ("ILO") in Geneva in 1956 and remained there until 1961. Dr. Murray then became Medical Advisor to the TUC in London, a post which he held until 1974. During the 1960's and 1970's he assisted the TUC in its actions against asbestos which lead to the Asbestos Regulations of 1969. In 1974, Dr. Murray began independently consulting in occupational health. He consulted with anumberoffirms and organizations including the Asbestos Information Association. He served as the Convenor ofthe Medical Advisory Panel and Scientific Advisory Panel until 1992. In 1975 be became Secretary-Treasurer ofthe Permanent Commission on Occupational Health, now known as the International Commission on Occupational Health, and from 1981 to 1987 he was its President. Dr. Murray's other qualifications include Membership (1963) and later Fellowship (1970) ofthe Royal College ofPhysicians of Glasgow, honorary Doctor ofTechnology of the University ofBradford, honorary Fellowship ofthe Institution ofOccupational Safety and Health, Fellowship ofthe Faculty ofOccupational Medicine ofthe Royal College of Physicians ofIreland, Fellowship ofthe corresponding Faculty ofthe Royal College ofPhysicians ofLondon, honorary Fellowship ofthe Royal Society ofMedicine, honorary Fellowship ofthe Institute ofOccupational Hygienists and honorary Doctor ofScience ofthe University ofGlasgow. Dr. Murray kept in close touch with the increasing amount ofliterature concerning asbestos. He assisted the Asbestos Institute in Montreal in its efforts to ensure the safe use of asbestos. He participated in the ILO discussions in 1985 and 1986 which resulted in the Convention and Recommendation on the Safe Use of Asbestos and participated in seminars in Turkey, Malaysia, Thailand and Taiwan. Onthebasis ofDr. Murtay'spersonal knowledge and experience concerning issues regarding die health hazards of asbestos, and the historical developments relating to the development of knowledge concerning asbestos-related diseases and his knowledge of the medical literature. Dr. Murray has testified by way ofa videotapeddeposition as to the state ofknowledge concerning what 549760 12 an employer could have and should have known during particular time periods with regard to both the dangers ofasbestos use and methods ofminimizing those dangers via proper hygiene measures. 11. John E. Craighead. M.D.. 1845 Four Winds Road, Ferrisburgh, VT 05456. Dr. Craighead is a clinical and anatomical pathologist specializing in pulmonary pathology. Dr. Craighead will testify generally as to his background, training and experience. Dr. Craighead will testify as to his knowledge ofpathology and asbestos-related diseases. He will further testify as to the general medical issues concerning the development, cause, and diagnosis of asbestos-related disease and/or other diseases that may mimic asbestos-related diseases. Dr. Craighead will testify generally as to the dangers posed by the inhalation of asbestos fibers and the relative risks associated with exposure to low levels of airborne asbestos. Dr. Craighead may also address thresholds of exposure below which there is no measurable increased risk ofcontracting an asbestos-related disease and the latency periods required for the development ofthe various asbestos-related diseases. Dr. Craighead may review the pathological evidence in this case, if any, and testify concerning whether it is diagnostic of asbestos-related disease. Dr. Craighead may also testify concerning asbestos fiber counts in the lung tissue of different populations and their significance with regard to dose-response relationships and causation. Dr. Craighead may offer such other opinions as may become necessary to rebut the opinions ofPlaintiffs experts. Dr. Craighead may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports ofother experts named or to be named by any other party, whether presorted live or by deposition, the testimony ofall other witnesses named or to be named by any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time oftrial. 12. Steven M. Koenig. M.D.. Box 800546, Division of Pulmonary and Critical Care. University of Virginia Health Systems, Charlottesville, Virginia. Dr. Koenig is board certified in pulmonology. Dr. Koenig is an internist specializing inpulmonary diseases. Dr. Koenig will testify generally astohis background, training and experience. Dr. Koenigwi11 testify as to his knowledge ofpulmonology and asbestos-related diseases. Hewill furthertestify as to the general medical issues concerning the development, cause, and diagnosis ofasbestos-related disease and/or other disease that may mimic asbestos-related diseases. Dr. Koenig will testify as to his examination ofthe non-malignant Plaintiffs and his findings based upon those examinations, uponhis review ofPlaintiffs' medical records and diagnostic testing. He will testify concerning whether plaintiffs suffer from asbestos-related disease, including asbestosis and other asbestos-related pleural conditions. Dr. Koenig may offer such other opinions as may become necessary to rebut the opinions ofPlaintiffs' expats. Dr. Koenig may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports of other experts named or to be named by 549760 13 ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time oftrial. 13. John M. G, Davis. Ph.D.. Sc.D., Pathology, Institute of Occupational Medicine, 8 Roxburgh Place, Edinburgh, E88 9SU, Scotland. By deposition testimony taken in Hunt v. Turner & Newall, el. aL, Supreme Court of British Columbia, No. c885383, November 30, December 1. 1994. Dr. Davis is an experimental pathologist specializing in animal studies. Dr. Davis has testified generally as to his background, training and experience. Dr. Davis has testified as to his knowledge ofexperimental pathology and animal studies as they relate to the human health effect ofthe various forms ofasbestos. Dr. Davishas testified as to the general medical issues surrounding asbestos-relateddiseases. He has addressed latency, dose response relationships and differences in asbestos fiber types, including theirdurability in biological tissues, as they relate to the development ofasbestos-related diseases. His testimony is based on his extensive personal research into the pathological effects of asbestos on animals and his knowledge of the relevant scientific and medical literature. His testimony has addressed the disease mesothelioma and his opinions as to its causation, development and rate of occurrence. Dr. Davis has also testified as to the state-of-the-art as it pertains to experimental studies involving animal exposure to various forms of asbestos. Dr. Davis has also testified by deposition as to the relevance of animal experiments conducted at Saranac Lake under the direction of Dr. Gardner during the 1940's and later by Dr. Vorwald in the 1950's, as well as subsequent experiments undertaken by Dr. Lynch. Dr. Davis has testified by deposition that problems with experimental design, controls and the inherent characteristics ofthe tested animals rendered Gardner's and Vorwald's studies inconclusive. He has testified that although Lynch's study was properly designed, there was no significant difference in the incidence ofpulroonary tumors between test and control animals. Hence, Dr. Davis has testified by deposition that the animal experiments of Gardner, Vorwald and Lynch gave no reliable information that asbestos was carcinogenic, and it was not until 1967 that Gross demonstrated a positive relationship using specific Pathogen Free Rats. Dr. Davis has testified that by the time of Gross' experiments in 1967, the association between asbestos exposure and lung cancer had been demonstrated by human epidemiology. 14. Robert N. Jones. M.D.. Tulane University Medical Center, Pulmonary Disease. Box SL-9,1430 Tulane Avenue. New Orleans, LA. Dr. Jones is a medical doctor who is board certified in the specialties of internal medicine and pulmonary disease, his research career has been in the epidemiology ofoccupational lung diseases. Dr. Jones will testify generally as to his background, training and experience. Dr. Jones may testify generally concerning the anatomy and physiology of the pulmonary system, the methods and procedures involved in pulmonary medicine and epidemiology generally and specifically with regard to asbestos-related diseases, the potential dangers posed by the inhalation of asbestos fibers, the potential dangers associated with exposure to low levels ofairborne asbestos dust, and the dangers posed by the different types ofasbestos fiber. Dr. Jones will also testify as to the relative pathogenicity ofthe different asbestos fiber types and the 549760 14 epidemiology associated with exposure to different fiber types. Dr. Jones will further address the dose response curves associated with the different fiber types for the various asbestos-related diseases. Dr. Jones's testimony may also address the disease mesothelioma, its relation to asbestos exposure, the risks associated with exposure to different fiber types, the relative contribution of different exposures, and its incidence among the general population. He will further testify as to the general medical issues concerning the development, cause, and diagnosis ofmesothelioma and/or other asbestos-related disease. Dr. Jones will further testify concerning other conditions and/or malignancies that may complicate or confound the diagnosis of asbestos-related diseases and the clinical diagnosis of asbestos-related diseases. Dr. Jones will also address thresholds of exposure below which there is no measurable increased risk ofcontracting an asbestos-related disease and the latency periods required for the development ofthe various asbestos-related diseases. Dr. Jones will also testify with regard to quantitative risk assessment as it pertains to the risk of contracting mesothelioma. Dr. Jones will testify that the risk of contracting mesothelioma increases at a rate proportional to a power oftime since first exposure. Based on these statistical models Dr. Jones will testify with regard to plaintiffs quantitative risk assessment, the risk accumulated at different points in time, and the probabilities that plaintiff would have contracted mesothelioma as a result ofdifferent exposures.. Dr. Jones will offer such other opinions as may become necessary to rebut the opinions ofplaintiffs experts. Dr. Jones may base his testimony on the available medical and scientific literature, his own training and experience, the opinions and reports of other experts named or to be named by this defendant or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by this defendant or any other party, whether live or by deposition, and any documents introduced into evidence or otherwise used by any party at the time of trial. 15. KvleB. Dotson. CffL CSP.PE. 15817TelgeRoad, Suite200, Cypress, Texas 77429. Mr. Dotson is a Certified Industrial Hygienist and Certified Safety Professional. He is also registered as aProfessional Safety Engineerbydie CommonwealthofMassachusetts and aDiplomateEnvironmental Engineer in the American Academy of Environmental Engineers. He received a Masters of Science degree in Environmental Science from the University of Texas at Dallas and a Bachelors of Science degree from McMurry University in Abilene, Texas. Mr. Dotson has been a memberofthe American Industrial Hygiene Association ("AIHA") since 1987 and presently serves on its national board of directors. He is a past recipient of the Rusnetz Outstanding Professional in Industry Award, bestowed by the AIHA. He also serves on the editorial board ofthe Industrial Safety andHygiene News Magazine. Mr. Dotson's employment history includes service with Broken Hill Proprietary Company. Ltd. ("BHP"), a global natural resources corporation that conducts mining, petroleum and steel making operations in some fifty countries. Mr. Dotson held the position of Vice President for Health, Safety and Environmental matters for several BHP business groups. As Vice President for BHP's copper mining group, his responsibilities included environmental affairs related to copper mining, milling, smelting, refining and exploration operations. 549760 15 Before joining BHP, Mr. Dotson was employed by Phelps Dodge Corporation and with Maxim Environmental Engineers, Inc. Phelps Dodge is a diversified, international mining and manufacturing company and Mr. Dotson was Director of its Occupational, Safety and Health Department. His responsibilities included publication ofcorporate health and safety management standards and site conformance with industry "best practices". Maxim Engineers is one of the largest environmental laboratories in the United States. At Maxim Engineers, Mr. Dotson was a Manager and Vice President of its Industrial Hygiene Group. His work included conducting EPA/OSIIA compliance audits, asbestos abatement management for school districts, occupational disease investigations and exposure risk assessments. Mr. Dotson's work experience also includes positions with Northern Telecom, Inc. as Safety Coordinator for Meridian Business Systems and with Hartford Insurance Group as an Industrial Hygienist. Mr. Dotson will testify generally as to his background, training and experience. He will testify as to themethods andprocedures involvedin industrial hygiene, including fibermeasurement and counting techniques. He will testify as to the methods and procedures utilized in the collection ofairborne asbestos samples and the use ofindustrial hygiene methods to control worker exposure to airborne asbestos dust. He will further testify concerning threshold limit values, the various threshold limit values for asbestos exposure, the basis for the original threshold limit value and its subsequent changes. Mr. Dotson will also testify concerning the setting and implementation ofasbestos exposure limits by OSHA, the subsequent changes to those limits and OSHA regulations pertaining to Plaintiffs* workplace at various times. He may also testify concerning the industrial hygiene programs implemented by ASARCO and/or Plaintiffs' employers at various times, and how those programs compared to the industrial hygiene standards in effect at various times. Mr. Dotson will further testify with regard to the effectiveness of the industrial hygiene program atASARCO as compared to thevarious standards applicable atdifferent times,the asbestos exposures which Plaintiffwould have had at various times during his employment history and the environmental exposuresto airborne asbestos experienced by millions ofAmericans forwhich there is no epidemiological evidence of disease. He may offer such other opinions as may become necessary to rebut the opinions ofPlaintiff's experts. Mr. Dotson will base his testimony on the available professional, medical and scientific literature, applicable statutes and regulations, his own training and experience, the opinions and reports of other experts named or to be named by ASARCO or any other party, whether live or by deposition, the testimony of all other witnesses named or to be named by ASARCO or any other party, whether live orby deposition, and any documents introduced into evidence or otherwise used by any party at the time oftrial. 16. Janet Hughes. Ph.D. Department ofBiostatistics, SL-18. Tulane School of Public Health. 1501 Canal Street. New Orleans, LA, 70112. Dr. Hughes is a statistician and professor of 549760 16 biostatistics at Tulane University Medical Center, Section ofEnvironmental Medicine. Dr. Hughes will testify as to the statistical methods used in epidemiological analyses and quantitative risk assessment Dr. Hughes will further testify as to the different models used by investigators and the United States Environmental Protection Agency for predicting mesothelioma incidence and risk. In addition Dr. Hughes may be called to testify as to the probabilities that decedent's alleged mesothelioma was proximately caused by exposures from different time ASARCO reserves the right to seek leave of court to call experts who may have to be substituted for experts on this list who become unavailable. ASARCO further reserves the right to call additional expert witnesses for the purpose ofrebuttal or impeachment, ifnecessary at the time oftrial. The general description ofthe area ofexpertise for each expert's anticipated testimony is not intended to limit such testimony, but is merely an indication ofthe broad areas in which they may offer testimony. ASARCO reserves the right to supplementthese designations up to the time oftrial. (g) Any Discoverable Indemnify and Insuring Agreements: Until ASARCO learns more about Plaintiff's alleged exposure at its El Paso facility, a meaningful response cannot be made to this request Once such exposure information is received, ASARCO will investigate further, and responsive information, ifany, will be supplied i and when, it is obtained. As ASARCO's investigation ofPlaintiffs claim is ongoing, ASARCO reserves ihe right to amend and/or supplement this response. (h) Any Discoverable Settlement Agreements: None areknown atthis time. As ASARCO's investigation ofPlamtifPsclaim is ongoing, ASARCO reserves the right to amend and supplement this response. (i) Any Discoverable Witness Statements: Noneareknown at this time. As ASARCO's investigation ofPlaintiff's claim is ongoing, ASARCO reserves the right to amend and supplement this response. (j) In a suit alleging physical or mental injury and damages from the occurrence that is the subject ofthe case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lien therof. an authorization permitting the disclosure of snch medical records and bills: Not applicable to the Defendant. 549760 (k) In a suit alleging physical or mental injury and damages from the occurrence that is thesubject ofthe case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party: None at this time. As ASARCO's investigation ofPlaintiff's claim is ongoing, ASARCO reserves the right to amend and supplement its response to this request. RAY, MCCHRISTIAN & JJEANS, P.C. ...... /i/'j David S. Jeans SBOT #1059740 5822 Cromo, Suite 400 El Paso, Texas 79912 (915) 832-7200 FAX: 832-7333 OfCounsel: PORZIO, BROMBERG & NEWMAN, P.C. 100 Southgate Parkway Morristown, New Jersey 07962-1997 (973)53S-4006 FAX: 538-5146 Attorneys for Defendant, ASARCO Incorporated, formerly known as American Smelting and Refining Company CERTIFICATE OF SERVICE 1 hereby certify that pursuant to Rule 21, T.R.C.P., on the above date a true and correct copy ofthe foregoing instrument was delivered via facsimile as follows: See attached Service List: davt6&anS 549760 18 IN THE COUNTY COURT AT LAW NUMBER THREE EL PASO COUNTY, TEXAS JOSE ROSENDO MARTINEZ, SR., AND ELENA LOPEZ MARTINEZ, Plaintiffs, v, GAF CORPORATION, ET AL,, Defendants. ) ) ) ) ) ) ) ) ) ) Cause No. 2000-2591 -CERTIFICATE OF WRITTEN DISCOVERY Defendant hereby certifies to the Court that Defendant ASARCO Incorporated's Second Supplemental Response to Plaintiffs Request for Disclosure has been properly served upon Plaintiffs. Respectfully submitted, DAVID JEANS/ State Bar No. 10597400 RAY, McCHRISTIAN & JEANS, P.C. 5822 Cromo, Suite 400 El Paso. TX 79912 Telephone: (915)832-7200 Facsimile: (915)832-7333 ATTORNEYS FOR DEFENDANT CAPCO PIPE COMPANY, INCORPORATED CERTIFICATE Q.F. SERVICE I hereby certify that pursuant to Rule 21, T.R.C.P., the foregoing document was delivered via facsimile as follows: See attached Service List. > . , /) // David S. Jeans CERTIFICATE OF SERVICE Nemeroff/Ansbach (Plaintiffs' atty) 214-520-1181 Jerry Kacal (AC&S) 713-621-9065 Gary Elliston (CCR) 214-210-2500 David Taylor (3M) 214-871-8209 Patricia Kelly (WRG) 956-428-2954 John Hill/J.Hall (Met-Life) 713-223-3717 Frank Hannon (CC&S) 713-752-8618 Jim Harris (Flint) 409-833-4240 Lewis Miltenberger (Harbison) 817-820-0373 Thomas Dougall (Proko Ind.) 803-788-6767 Carlos Villa 532-2041 Robert Bass 214-953-6503 D. Ferguson McNeil 713-615-5493 Thomas Taylor 713-220-4285 Rambin/Carlton 214-651-4330 M. Willingham 713-426-1717 Donald Godwin 214-760-7332 David Fisher 936-598-7712 Steve Rice 713-655-9212 Peter Moir 214-953-6503 Todd Wade 214-999-6170 Kevin Leahy 512-479-1101 Ferrell/Mahoney 512-476-7832 Crouch/Ponti 214-922-4177 J. Tompkins 713-355-7600 Ruben Robles (Texaco) 915-544-1288 Larry Hicks 587-8401 #69338 SERVICE LIST NemerofE/'Ansbach (Plaintiffs' atty) Jerry Kacal (AC&S) Gary EUiston (CCR) David Taylor (3M) Patricia Kelly (WRG) John Hill/J.Hall (Met-Life) Frank Harmon (CC&S) Jim Harris (Flint) Lewis Miltenberger (Harbison) Thomas Dougall (Proko Ind.) Roy Brandys Robert Bass D. Ferguson McNeil Thomas Taylor Rambin/Carlton M. Willingham Donald Godwin David Fisher Steve Rice Peter MonTodd Wade Kevin Leahy Ferrell/Mahoney Crouch/Ponti J. Tompkins Rubai Robles (Texaco) Lany Hicks 214-520-1181 713-621-9065 214-210-2500 214-871-8209 956-428-2954 713-223-3717 713-658-1921 409-833-4240 817-820-0373 803-788-6767 534-7207 214-953-6503 713-615-5493 713-220-4285 214-651-4330 713-426-1717 214-760-7332 936-598-7712 713-655-9212 214-953-6503 214-999-6170 512-479-1101 512-476-7832 214-922-4177 713-355-7600 915-544-1288 587-8401 #69338