Document yrd400YVNX20Q6VE0k37VjQVn

CAUSE NO. 98-04901-1 OMER CARLO CARPER; JERRY DONALD BEENE; THELMA DARLENE CUMMINGS; STANLEY FRANKLIN CUMMINGS; JAMES JOSEPH FORSHA; TOMMY EUGENE GALLEGLY; HENRY JAMES MAPLE; JAMES WAYNE MONROE; ROBERT LEE PROVINCE; THEODORE PERRY TOWNSEND, Plaintiffs, vs. OWENS CORNING, et al., Defendants. IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 1 62nd JUDICIAL DISTRICT DEFENDANTS CNA HOLDINGS, INC. AND CELANESE LTD.'S SECOND SUPPLEMENTAL RULE 194 DISCLOSURES In accordance with the Texas Rules of Civil Procedure, Defendants CNA Holdings, Inc. and Celanese Ltd. provide the following supplement to subpart (f) of their Rule 194 Disclosures: (f) Celanese may additionally call the following experts to testify at trial: 1. Mark R. Stenzel, CIH, P.O. Box 850235, Richardson, Texas 75085-0235. Mr. Stenzel is a practicing certified industrial hygienist. He holds a Bachelor of Science degree in mathematics and chemistry and a Master of Science degree in physical chemistry, which he received from the University of Illinois in 1975. In 1973, Mr. Stenzel was hired by Celanese Chemical Company and worked as a lab chemist/health chemist at its Pampa plant, where he performed industrial hygienist duties to include air monitoring. He became a certified industrial hygienist for Celanese. In that capacity, he had direct contact with each plant in the company and was the hygiene personnel at the plant, company and corporate levels. In 1983, Mr. Stenzel became Manager of Industrial Hygiene for Celanese and held that position through 1992. Since 1992, he has been otherwise employed in industry as an industrial hygienist. Mr. Stenzel is a member of the A1HA, the American Academy ofIndustrial Hygienists and other professional organizations reflected on his curriculum vitae, a copy of which has previously been provided. Mr. Stenzel may testify at trial live or by deposition. Defendants CNA Holdings, Inc. and Celanese Ltd.'s Second Supplemental Rule 194 Disclosures - Page 1 Most of Mr. Stenzel's testimony will be factual in nature and will address the development of Celanese's industrial hygiene and environmental, safety and health programsfromtheirinceptionthroughthel980s. However, this disclosure is made in an abundance of caution because Mr. Stenzel also possesses general expertise in his field based upon specialized knowledge, skills and training, and some areas of his testimony may be informed by professional judgment and opinion. Mr. Stenzel will address the nature and structure of Celanese's industrial hygiene programs and the industrial hygiene and occupational safety practices adopted at Celanese facilities over time. From a review of company documents and other materials, Mr. Stenzel will testify about air monitoring for asbestos exposure and other workplace substances conducted at Celanese plants and the low exposures/low risk levels indicated by the available monitoring data. From 1977 forward, Mr. Stenzel was intimately involved in the creation and design of Celanese's Health Monitoring System, to include its worker tracking module, health monitoring module and retrospective exposure assessment module. Mr. Stenzel piloted the worker tracking module, health monitoring module and retrospective exposure assessment module. Mr. Stenzel piloted the worker tracking module at the Pampa plant and helped implement all modules at other Celanese facilities between 1978- 1981. Mr. Stenzel will testify that the system was state-of-the-art at the time and would be considered state-of-the-art today. Based on a review ofplant and company documents, Mr. Stenzel will testify about how each module system was implemented throughout the company and at each company plant. Mr. Stenzel will provide testimony regarding the correlation ofworker tracking exposure data and retrospective exposure data with the alleged exposure claimed by plaintiff. Based on his assessment of these materials, Mr. Stenzel is expected to testify about alleged occupational exposure - as described by plaintiff and plaintiffs witnesses - and the potential risk for developing an occupational disease associated with that exposure. Finally, Mr. Stenzel may provide testimony regarding mortality studies and similar disease assessments which involved the workforce employed at Celanese's plants. The nature of those studies are referenced in his curriculum vitae, a copy of which is attached. Defendants reserve the right to amend or supplement this disclosure pursuant to Rule 193.5 of the Texas Rules of Civil Procedure. Defendants further reserve the right to call undesignated expert witnesses in rebuttal, whose identities and testimony cannot reasonably be foreseen until plaintiffs named experts provide written reports in this case and/or have presented testimony and evidence at trial. Defendants CNA Holdings, Inc. and Celanese Ltd.'s Second Supplemental Rule 194 Disclosures - Page 2 Respectfully submitted. WklI*-------- ---------------------------------Nona B. Walker State Bar No. 19890600 Rose*Walker, L.L.P. 1701 N. Market Street, Suite 200 Dallas, Texas 75202 214.752.8600 (phone) 214.752.8700 (facsimile) Michael E. Hutchins Hawkins & Parnell, L.L.P. 4000 Sun Trust Plaza 303 Peachtree Street, N.E. Atlanta, Georgia 30308-3243 404/614-7400 Telecopy: 404/614-7500 ATTORNEYS FOR DEFENDANTS CNA HOLDINGS, INC. (f/k/a HNA HOLDINGS, INC. f/k/a HOECHST CELANESE CORPORATION) AND CELANESE LTD. Defendants CNA Holdings, Inc. and Celanese Ltd.'s Second Supplemental Rule 194 Disclosures - Page 3 CERTIFICATE OF SERVICE In accordance with Rule 21 of the Texas Rules of Civil Procedure, the foregoing Supplemental Rule 194^Disclosures have been served upon the following counsel for Plaintiff by hand delivery on this day of March, 2001: Russell Budd Holly Huart Baron & Budd, P.C. 3102 Oak Lawn; Suite 1100 Dallas, TX 75219 Nona Walker --------- ------------------------------ Defendants CNA Holdings, Inc. and Celanese Ltd.'s Second Supplemental Rule 194 Disclosures - Page 4 MARK R S7L. .TEL, CIH PO. Box 850235 Rtchention, Texas 75085-0235 (972) 404-3207 Office (972) 783-7812 Home stemetnQaal.com Meek_R._StemeiQoxy.oom MAJOR ACCOMPLISHMENTS Manaosrtal tAadershto Provide corporate loadersNp and direction to a* aspect* of the industrial hygiene program In Occidental Chemical Corporation, a muto-bifion dotar chemical company with over 40 domestic and intemationai stes. Managed a comprehensive Industrial Hygiene and Health Studies Program, that included hazard commurscalioa ewposw assessment strategies, data analysis and evaluation, wortter tracking, exposure oonlroi personal protective equipment, respiratory protection, hearing conservation, hoafch monitoring, the computer system for al healh related dadpinaa. and regulatory compliance, for Hoechst Cslsnese Chemical Group, a muiti-bitton dollar chemical company. Mentored over 40 industrial hygienists, aiding them In (her technical, professional and ethical development, at least five of whom are now n leadership roles n (her company. Managed the development and implementation of a comprehensive computerassisted health monitoring program across Hoechst Celanese Corporation (hat integrated industrial hygiene, medical, epidemiologic, and chemical data bases. Managing the development and implementation of a similar health monitoring program within the Occidental Chemical Corporation. Have assumed a leadership role in the utilization of Quality Principles to achieve Confcnuous Process Improvement at both Hoechst Celanese and Occidental's Health and Safety Disciplines. Served as the company representative on inter-industry groups (e.g. Chemical Manufacturing Association, Chlorine Institute and the Formaldehyde Institute) whose purpose was to develop scientific data and to work with regulatory agencies to find a practical mechanism to protect employees, customers snd the community. Mart R. Stanzal - Page 2 - Technical Leadership and Inogyrtran Have taken a leadership role in devetopng the definition of the Core Elements of an Industrial Hygiene Program, and have established a Strategic Action Plan to assure their implementation. Assumed a corporate leadership role in the development of Industrial Hygiene Profesacnal Practice Standards and Performance Measures necessary to effectively manage an industrial hygiene program. Developed a practical, generic state-of-the-art approach to exposure assessment for use in the diverse busnesses of two major chemical corporations that has resulted in classifying the exposures to over 50,000 chemical and physical hazards under several thousand exposure scenarios in over 40 workplaces. As part of a key committee, established the worldwide Standard of Cam for Occidental Petrotsum Corporation, OxyCham parent company, necessary to protect human health and the environment Responsible for the management and conduct of the health monitoring, biostatistical and epidemiological functions within Hoechst Ceianese Chemical Group. Partidpeted in the conduct of three mortality studies. Conducted three morbidity studies on potential effects of occupational exposures to benzene, formaldehyde and noise and one study of a cancer cluster. WORK HISTORY OCCIDENTAL CHEMICAL CORPORATION Corporate Manager of Industrial Hygiene 1992 -Present HOECHST CELANESE, CHEMICAL GROUP Company headquarters 197fl -1992 1984-1992 Manager, Occupational Health (Industrial Hygiene & Health Monitoring) 1983-1984 1978-1983 Coordinator of Industrial Hygiene and Health Studies Company Industrial Hygienist Mark R. Stenzl -Page 3- HOECHST CELANESE. CHEMICAL GROUP Pampa Plant 1976-1978 1975-1976 1973-1975 Plant Industrial Hygienist Plant Health Chemist Analytical Instrumentation Chemist 1973-1978 EDUCATION M. S University of Illinois, 1975 Mafor. Physical Chemistry B. S. Mankato State University (Minnesota), 1969 Major. Chemistry and Mathematics University of Minnesota, 1963-1964 Graduate Course Work in Epidemiology and Bloetatistics AFFILIATIONS 0 American Industnai Hygiene Association 0 American Academy of Industrial Hygienists 0 Board Certified by the American Board of Industrial Hygienists, CA1322 PRESENTATIONS (Not all inclusive list) 0 The Exposure Assessment Strategy Process Invited Speaker, Texas Chemical Council Safety Session on Occupational Health. June 2, 1997 0 Utilizing the Concept of an Exposure Index as a component of an Exposure Assessment Strategy (EAS) Model - AIHCE Paster Session, May 19,1997 0 Round Table-Exposure Assessment Strategies: Real World Applications, An Alternate Approach to the Exposure Assessment Strategy Process: Classification vs. Prioritization - AIHCE Platform Presentation. May 22, 1997 Marti R. Stanza - PaQe 4 o Gfoup leader for a Workshop on Improving Exposure Assessment in Populationbased Case-control Studies. Stockholm, Sweden, September, 1996 o A Practical Application of the Exposure Assessment Strategy Process Invited Speaker, Gulf Coast Section AIHA, Exposure Assessment Workshop, March 1995' 0 Auditing an Industrial Hygiene Program Invited Speaker, Chlorine Institute Industrial Hygiene Workshop, March 16,1995 0 Round Table - Improving Health & Safety Performance: The Responsible Care* Initiative Barriers to Implementing the EHS Code - AIHCE Platform Session, May 19. 1993 o The Work Matrix, A Management Tool for Continuous Process improvement AIHCE Platform Presentation, May 18. 1993 0 Industnal Hygiene Considerations in Establishing an Appropriate TLV for Formaldehyde Presented to ACGIH TLV Subcommittee, September 25,1909 0 Managing an Industrial Hygiene Program from the Perspective of Continuous Process Improvement - AIHCE Platform Presentation, May 23, 1989 0 Designing an Industrial Hygiene Program to Support Epidemiology Studies Invited Speaker, Gulf Coast Section AIHA Occupational Epidemiology Course, July, 1984 0 Assessing Chemical Exposures in the Workplace Invited Speaker,The 22nd Annual ASSE Professional Development Conference, June 28. 1983 j Thermal Desorption Method to Assess Occupational Exposure to Benzene AIHCE Poster Session, June 1978 PUBLICATIONS 0 Monitoring personnel exposure to stainless steel welding fume in confined spaces at a petrochemical plant J.D. Wilson, M.R. Stenzel. KL. Lombardozzi and C.L. Nichols, June 1981. Mart R. Stenzel -Pag# 5- o A Classification Approach to the Exposure Assessment Strategy Process, M.R. Stenzal, P.A. Stewart, K. Beckner - Expect to submit for publication in 1998 o Exposure Assessment in the Occupational Setting, PA Stewart, M.R. Stenzet - Expect to submit for publication in earty 1998 o Companion of OSHA Method 215b and NIOSH Method 7000 for Chromium*, M.R.Stenzet and 3. Whobtawski - Research complete, expect to submit for publication in 1998 EPIDEMIOLOGY AND HEALTH STUDIES 0 Prepared the exposure assessment for a cohort epidemiology study that assessed the mortality experience of workers exposed to formaldehyde at the Celanese Bishop Texas Chemical Plant - Study completed In 1983 o Company representative In support of the NCI Mortality Study that evaluated mortality experienoe of workers potentlaly exposed to formaldehyde - Study completed in 1984 0 Prepared the exposure assessment for a mortality and morbidity study for all workers ever worked at the Hoechst Celanese Pampa Texas Plant between 1952 and 1991 - Study completed In 1993 o Designed and conducted both the exposure assessment and epidemiology components of a health study on formaldehyde exposure in workers at the Hoechst Celanese Bishop Texas Plant and multiple pulmonary function measures obtained from multiple medical surveillance exams. The study found a strong correlation with smoking but did not observe a correlation associated with levels of formaldehyde consistently below today's OSHA permissible exposure level. - Study completed in 1985 o Designed and conducted both the exposure assessment and epidemiology components of a health study on benzene exposure of workers at the Hoechst Celanese Pampa Texas Plant and changes in white and red blood count measures obtained from multiple medical surveillance exams. The study did not identify any significant changes in blood counts associated with exposure over the duration of study - Study completed in 1986 MjwH R Stenzel - Pagefl- o Designed and conducted an epidemiology study that evaluated loss of hearing associated with various work groups, including operations, maintenance and administrative workers for Hoechst Celanese Chemical Group (over 3000 workers). It Identified several jobs that required additional protection. The results of the study were used to focus the companies taahnQ ccxxwcvetioa program. COMMITTEES 0 AIHA Exposure Assessment Strategies Committee - Corresponding member 1996, full member 1997 o Chlorne institute Mercury Health Issues Task Group o Chemical Manufactures Association (CMA), Olefins Panel, Industrial Hygiene Task Group 0 CMA Ethylene Oxide Inter-industry Council, Executive Committee and Board of Directors, 1984-1992 0 CMA Ethylene Oxide inter-industry Council, Industrial Hygiene Task Group, 1984-1992 0 CMA Health Programs Task Group, 1988 to 1992 o CMA Ethylene Glycol Panel, Executive Committee. 1985 -1989 o CMA Ethylene Glycol Panel, Chaired Toxicology Task Group, 1985 -1989 0 AIHA Analytical Committee, 1981 to 1983 0 Director AIHA North Texas Section, 1981 to 1983 o For my employers and various industry task groups, identified key issues and prepared formal responses addressing scientific, regulatory and implementation concerns to OSHA's regulatory process for benzene, formaldehyde, ethylene oxide, butadiene, chromium, methylene chloride, glycol ethers, respiratory protection, generic exposure assessment, generic medical surveillance, recordkeeping and methods of compliance. Testified before OSHA and the ACGIH. ROSE -WALKER, L.L.P. Attorneys March 2, 2001 Nona Walker mwlker rcsewlker. can 1701 N Market St Suite 200 Dallas Texas 75202 phone 21 A7528600 lacsiimle 214* 752*8700 www rose walker com VIA HAND DELIVERY Mr. Russell Budd Ms. Holly Huart Baron & Budd 3102 Oak Lawn Avenue Suite 1100 Dallas, Texas 75219-4281 Re: Omer Carlo Carper, et al. v. Owens-Coming Fiberglas Corporation, et al.; Cause No. DV98-04901; in the 162nd Judicial District Court of Dallas County, Texas Dear Counsel: Enclosed is Defendants CNA Holdings, Inc. and Celanese Ltd.'s Second Supplemental Rule 194 Disclosures. I request that counsel for co-defendants notify the undersigned if they desire a copy of the Disclosure. Very truly yours, Nona Walker NW/jd Enclosure cc: All counsel of record (via facsimile, w/o enclosure) l.'CELANESE'iHC - Carper'.Letters'Counsel of Record. 2d supp disci. 030201. jd. wpd.wpd