Filing # 43950504 E-Filed 07/14/2016 02:17:59 PM
`
`JOHN O. FRYE and
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`PATRICIA FRYE, his wife,
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`Plaintiffs,
`
`VS.
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`AMERICAN OPTICAL CORP., et al
`
`Defendants.
`
`/
`
`IN THE CIRCUIT COURT OF THE 11th
`
`JUDICIAL CIRCUIT IN AND FOR
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`MIAMI-DADE COUNTY, FLORIDA
`
`ASBESTOS LITIGATION
`
`CASE NO: 05-CA-08484
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`DEFENDANT ELLIOTT COMPANY’S DESIGNATION OF
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`FACT AND EXPERT WITNESSES
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`Defendant, ELLIOTT COMPANY (“Elliott”), by their attorneys, MORGAN, LEWIS
`and BOCKIUS, LLC, submits the following list of witnesses who may be called at the trial of
`this matter.
`
`As a preliminary matter, Elliott notes that fact and expert discovery is ongoing. Elliott
`further notes that plaintiff’ s alleged medical condition may change between now and the date of
`trial. Accordingly, Elliott reserves the right to supplement or amend the lists below as discovery
`progresses. Elliott also reserves the right to call a witness not listed below for impeachment or
`rebuttal purposes. Elliott reserves the right to delete any witness from this list in the event that
`certain subject areas of testimony become no longer applicable.
`
`Elliott reserves the right to designate additional lay witnesses who may be discovered
`prior to trial and subsequent to the service of this witness list. The fact that a witness is listed
`below does not constitute a representation that such person will be called to testify at trial, nor
`does it constitute any endorsement by Elliott of any or all of that person’s testimony.
`Furthermore, Elliott reserves the right to withdraw any witness listed below at any time. Elliott
`also reserves the right to call witnesses who are substitutes for those listed below who become
`unavailable.
`
`Elliott reserves the right to call any party or any witness listed by any other party. Elliott
`hereby joins in all other Defendants’ Designation of Expert and Fact Witnesses.
`
`Finally, Elliott reserves all objections as to the admissibility of any witness’ testimony
`regardless of whether the witness is listed below.
`
`Defendant Elliott reserves the right to call any or all of the following persons as witnesses
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`at trial:
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`

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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`Each and every witness designated below;
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`Any and all individuals designated as expert witnesses by any other party to this action,
`notwithstanding that subsequent
`to the filing of defendants’
`list of witnesses,
`such
`defendants may be dismissed from the action;
`
`Any and all physicians retained by undersigned counsel or any other joint defense
`representative in this action to examine the plaintiff and/or review medical records, x-rays,
`test results and pathology or other medical data regarding the plaintiff;
`
`Any witness retained by plaintiff or any other joint defense representative, whether or not a
`medical doctor, who has in any way treated plaintiff or reviewed medical records or other
`facts relevant to plaintiff’s situation or undertaken any diagnostic procedures (including
`rehabilitation and economic experts);
`
`Any and all of the plaintiff’s treating physicians whose names are contained in plaintiff’s
`medical records and who have treated or examined plaintiff or plaintiff’s x-rays for
`conditions which affect his pulmonary function, general health, employability, or life
`expectancy;
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`Custodians of medical records of plaintiff, to the extent that opinion testimony of such
`custodians is needed for proper authentication of records;
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`Any and all economists or other financial experts identified by any party to this action
`including any economist named by any dismissed party; and
`
`Any supplemental witness
`subsequently designated by Defendant.
`Any witness
`subsequently named by Defendant will be made available to plaintiff’s counsel
`for
`deposition prior to the witness testifying at trial.
`
`At this time, counsel for Defendant has not received any reports or writings from the
`specifically listed experts. When such documentation is received, counsel for Defendant will
`provide such to opposing counsel.
`
`Defendant does not intend this list to cover witnesses in the following areas: custodians
`of medical and employment records needed for authentication purposes; plaintiff’s co-worker
`witnesses; product identification witnesses; witnesses disclosed in subpoenaed records or rebuttal
`or impeachment witnesses.
`
`Defendant reserves the right to delete any expert witness from this list in the event that
`certain subject areas of testimony become no longer applicable. Defendant reserves the right to
`designate additional
`lay and expert witnesses who may be discovered prior to trial and
`subsequent to the service of this witness list. Defendant also reserves the right to identify later
`additional witnesses to testify about punitive damages, if punitive damages become an issue at
`trial. Furthermore, Defendant reserves the right to withdraw any witness listed above at any
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`

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`time. Defendant also reserves the right to call witnesses who are substitutes for those listed
`above who become unavailable. Defendant reserves whatever additional rights it may have with
`regard to experts and fact witnesses pursuant to Florida law, the case law construing same, and
`the rulings of the trial court. Subject to these express reservations, and based upon the limited
`information available at this time, Elliott designates the following fact and/or expert witnesses
`whom it reasonably anticipates may testify, live or by prior deposition, according to availability
`at the time of trial.
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`FACT WITNESSES
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`Plaintiff(s);
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`Any of plaintiff’ s family members;
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`Any person identified during plaintiff’s deposition;
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`Any person identified during any of plaintiff’ s family members’ depositions;
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`Any co-workers of plaintiff;
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`Any person identified during any of plaintiff’s co-workers’ depositions;
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`Any member, former member, or representative of any union of which plaintiff was a
`member;
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`Any employer identified by plaintiff;
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`All defendants named in any of plaintiff’ s Petitions;
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`10.
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`ll.
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`12.
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`l3.
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`l4.
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`All product identification witnesses either deposed or otherwise identified in this matter;
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`All witnesses relevant to establishing the identity, nature and degree of plaintiff’s alleged
`exposure to asbestos-containing products;
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`Any person whose testimony is necessary to support Elliott’s defenses, including but not
`limited to the government contractor defense and the sophisticated user defense, and any
`person whose testimony is necessary to authenticate or to lay any evidentiary foundation
`required for the admission of exhibits, including document custodians able to testify as to
`the authenticity and admissibility of records relevant to Elliott’s defenses;
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`Persons identified or designated in the responses to discovery requests or disclosures of any
`party to this litigation;
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`Any other person or entity designated or identified by any other party to this lawsuit, and
`any person deposed or that will be deposed in this lawsuit;
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`15.
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`16.
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`17.
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`18.
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`19.
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`20.
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`21.
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`22.
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`23.
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`24.
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`25.
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`26.
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`27.
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`28.
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`29.
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`30.
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`31.
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`1.
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`Any physician who has ever examined, treated, or diagnosed plaintiff or has reviewed his
`medical records;
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`Any other fact witness listed by any other party;
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`Custodian of records of plaintiff’ s employers;
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`Representatives and/or records custodians of the Internal Revenue Service regarding
`records with information for each Plaintiff;
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`Representatives and/or records custodians of the Social Security Administration regarding
`records with information for each Plaintiff;
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`Representatives and/or records custodians of any accident; health; life and/or disability
`carrier regarding records with information for each Plaintiff;
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`Representatives and/or records custodians of the Workers’ Compensation Fund regarding
`records with information for each Plaintiff;
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`Representatives of plaintiff’s employers;
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`Representatives of plaintiff’s work sites;
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`One or more corporate representatives of Elliott;
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`Representatives of other defendants in this matter; regardless of whether the defendant
`remains a party to this action at the time of trial;
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`Representatives of any contractors or subcontractors who have performed services at any
`of plaintiff’s work sites;
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`Any witness discovered during the course of ongoing discovery;
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`Any witness necessary to authenticate any exhibits utilized during the trial of this matter;
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`Any witness necessary for rebuttal or impeachment;
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`Any expert witness designated or to be designated by Elliott in this matter; and
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`Any expert witness designated or to be designated by any other defendant in this matter;
`regardless of whether that defendant remains a party to this action at the time of trial.
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`EXPERTS DESIGNATED
`
`Gregory Anderson, M.D.
`Pulmonologist, Internist
`Respiratory Medical Group
`130 La Casa Via
`
`

`

`Building #2, Suite 208
`Walnut Creek, California 94598
`
`Gregory Anderson, M.D.is a Pulmonologist and Internist who can testify regarding his
`knowledge of lung and thoracic organ functions, plaintiff’s medical condition and prognosis,
`issues of alternative causation, and life-shortening problems not related to alleged asbestos
`exposure.
`
`2.
`
`Larry W. Anderson, Ph.D., P.E.
`Exponent
`149 Commonwealth Drive
`
`Menlo Park, CA 94025
`
`Dr. Anderson is a Principal Engineer and Corporate Vice President with Exponent. Dr.
`Anderson will testify regarding the amount and frequency of plaintiff’ s exposures to equipment
`manufactured by Defendants, the nature and design of equipment and systems and the use of
`asbestos gaskets and packing and other seals in the systems similar to those alleged by plaintiffs.
`
`3.
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`Oscar Auerbach
`
`158 Longhill Drive
`Short Hills, New Jersey 07078
`
`Dr. Auerbach was a Pathologist and Academician. His testimony concerns pulmonary
`diseases,
`including the correlation between cigarette smoking and lung cancer. Any such
`testimony will be provided by deposition or trial transcript, and a copy will be provided to
`counsel for plaintiffs, on request, at the time that a pared down list is provided.
`
`4.
`
`Howard E. Ayer
`Kettering Laboratory
`University of Cincinnati
`3223 Eden Avenue
`
`Cincinnati, Ohio 45219
`
`is an Industrial Hygienist who is expected to testify about the
`Howard Ayer, Ph.D.
`following: industrial hygiene and industrial hygiene practices; the determination of plaintiff’ s
`total asbestos exposure; a retrospective exposure analysis; determination of plaintiff’s exposure
`to a particular company’s products and to all asbestos products; the identification of fiber types
`in products encountered by plaintiff; work practices that may involve liberation of asbestos
`fibers; quantification of exposure to asbestos in different trades; an explanation and history of
`threshold limit values for asbestos; and a description of how dust measurements are done at job
`sites. Dr. Ayer will also testify about the state of the art as it relates to industrial hygiene
`principles, practices and procedures concerning the asbestos-related products to which plaintiff
`was allegedly exposed. He will make specific reference to scientific and medical literature,
`government regulations, and historic information pertaining to asbestos. Dr. Ayer’s testimony
`will be based on his background, training and experience and a review of relevant literature.
`
`

`

`5.
`
`Stephen Ayers
`St. Louis University School of Medicine
`St. Louis, Missouri
`
`Dr. Ayers is the Chairman of the Department of Internal Medicine at St. Louis University
`School of Medicine. He is expected to give testimony regarding the hazards of asbestos, and the
`knowledge of said hazards at various points in time. He may also testify regarding the nature of
`any disease which plaintiff suffered from or claims to suffer from.
`If called upon to provide
`deposition testimony, he will be sufficiently familiar with the facts of the case to provide a
`meaningful deposition.
`
`6.
`
`J. Leroy Balzer, Ph.D.
`408 Horse Trail Court
`
`Alamo, California 94507
`
`J. LeRoy Balzer; Ph.D.; is expected to
`Dr. Balzer is a Certified Industrial Hygienist.
`testify about the following: the state of industry knowledge concerning asbestos health hazards;
`industrial hygiene and industrial hygiene practices; the determination of plaintiff’ s total asbestos
`exposure; a retrospective exposure analysis; determination of plaintiff’s exposure to a particular
`company’s products and to all asbestos products; the identification of fiber types in products
`encountered by plaintiff; work practices that may involve liberation of asbestos fibers; risk-
`benefit analysis of the use of asbestos in products; asbestos as used in the ‘design’ of different
`asbestos products; quantification of exposure to asbestos in different trades; an explanation and
`history of threshold limit values for asbestos; a description of how dust measurements are done
`at job sites; the levels of exposure to asbestos known to be associated with asbestos-caused
`diseases; the levels of exposure below which it is thought that asbestos-related diseases will not
`develop; industrial hygiene literature and medical literature which support that threshold; the
`work practices in preparing and applying asbestos-containing materials;
`including asbestos
`cement; asbestos blankets; asbestos gaskets; asbestos pipe covering; and asbestos block; and the
`amounts of dust emitted by each of those operations; based on his experience and his review of
`the industrial hygiene literature; the methods of identifying fiber types in insulation products; the
`ability of fibers to remain airborne or settle; factors affecting the transport and settlement of
`fibers; and the effects of control technology on exposures. Dr. Balzer can also testify regarding
`articles that reconstruct the exposures experienced by insulators; other shipyard and construction
`trades; and bystanders. He is expected to give testimony regarding industrial hygiene standards
`and matters
`related to exposure to asbestos;
`including his opinions
`regarding certain
`mineralogical issues relating to asbestos; the historical development of asbestos information and
`the response of various governmental agencies; suppliers and manufacturers; and the scientific
`community to such developments.
`
`7.
`
`Peter Barrett, M.D.
`
`Department of Radiology
`Tufts University School of Medicine
`10 Martin’s Lane
`
`Hingham, Massachusetts
`
`

`

`Peter Barrett, M.D.is a physician, board-certified in radiology and nuclear medicine. He
`has been a certified NIOSH B reader since 1984. Dr. Barrett is a professor at Tufts University
`School of Medicine, and his primary practice is at the Quincy Hospital. He is a member of the
`American Thoracic Society.
`
`Dr. Barrett may testify about the various causes of pulmonological disorders and the
`meanings of various types of radiological findings in plaintiff and others. He may also testify
`about the attribution of causation including general medical, epidemiological, radiological and
`pulmonological issues pertinent to this case as related to plaintiff’ s condition.
`
`8.
`
`Hector A. Battifora
`
`City of Hope Medical Center
`Division Of Pathology
`1500 East Duarte Road
`
`Duarte, California 91010
`
`Dr. Battifora is expected to give testimony regarding pathological aspects of plaintiff’s
`condition and issues of alternative causation. Dr. Battifora will be sufficiently familiar with the
`pending action to submit to a meaningful oral deposition concerning any opinion and its basis.
`
`9.
`
`Charles L. Blake, CIH
`
`Vice President, Director of Technical Services
`
`Clayton Group Services, Inc.
`3380 Chastain Meadows Parkway, Suite 300
`Kennesaw, Georgia 30144
`
`Charles Blake is a Certified Industrial Hygienist who is qualified to testify about all
`aspects of industrial hygiene practice. Mr. Blake is expected to testify about measurements of
`airborne asbestos and other contaminants in a wide variety of settings. Mr. Blake may comment
`on methods for conducting air sampling and evaluation of airborne asbestos concentrations in a
`variety of work place settings. Mr. Blake is also competent to testify regarding the design of
`manufacturing/processing facilities, formulation equipment, ventilation, cooling and emission
`control systems in a variety of industrial settings including refineries and chemical plants.
`
`10.
`
`Frederick William Boelter, CIH
`
`Boelter & Yates, Inc.
`
`1300 Higgins Road
`Park Ridge, Illinois 60068-5772
`
`Mr. Boelter is a Certified Industrial Hygienist. He may give testimony regarding the
`foreseeable level of fiber release, if any, from asbestos-containing friction products. He may
`testify regarding the permissible exposure levels established by OSHA and the applicability of
`the OSHA and EPA guidelines as they relate to asbestos-containing materials. He may also
`testify regarding exposure levels associated with other types of asbestos products. He may
`complete cumulative asbestos exposure assessments on plaintiff.
`
`

`

`He may testify about the role of the industrial hygienist in assessing risk generally, and
`with respect to asbestos-containing products. He will provide current and historical information
`regarding air and dust sampling methods for asbestos in occupational settings and the proper use
`and application of all such methodologies. He may also testify regarding the proper and
`improper methods for occupational sampling of asbestos. He may testify that the use of settled
`dust methods or Tyndall or refractive light methods do not provide a proper scientific basis for
`sampling and have no value in assessing occupational risk to asbestos exposure.
`
`He may testify about his review and criticisms of the tests performed on friction products
`by plaintiffs’ experts Longo and Hatf1eld.
`
`11.
`
`Dr. Colin Bloor
`
`Department of Pathology
`U.C.S.D. School of Medicine
`M-012
`
`La Jolla, California
`
`Dr. Bloor is a Professor of Pathology at U.C. San Diego School of Medicine. He is
`expected to give testimony regarding the pathology of asbestos-related diseases and disorders
`including, but not limited to, plaintiff’ s medical condition.
`If called upon to provide deposition
`testimony, he will be sufficiently familiar with the facts of the case to provide a meaningful
`deposition.
`
`12.
`
`Dr. Gordon Bragg
`1081 Berlett’s Road
`
`RR. #1 St. Agatha
`Ontario, Canada NOB 2L0
`
`Dr. Gordon Bragg is a Mechanical Engineer specializing in aerodynamic and fluid
`mechanical engineering. Dr. Bragg’s area of expertise includes all aspects of mechanical
`engineering including exposure assessments as well as the movement of particle/fibers within the
`fluid and mechanical environment, which would include the movement of particle/f1bers in an air
`stream. Dr. Bragg is an expert in the creation and effect of an air stream and fluid movements on
`the basis of his aerodynamic engineering and fluid mechanical engineering training experience
`and research.
`
`It is anticipated that Dr. Bragg will offer opinions on topics including, but not limited to,
`his evaluation of his observations of plaintiff’ s alleged exposure and the lack of exposure
`associated with certain products. Dr. Bragg is expected to render opinions with regard to the
`behavior of particle/fibers within air streams.
`In addition, Dr. Bragg shall
`incorporate
`environmental data and opinions provided by other experts. Dr. Bragg is expected to offer his
`opinions regarding the exposure allegations and theories advanced by plaintiffs.
`
`13.
`
`S. Breall, M.D.
`
`1150 Bush Street, Suite 4a
`
`San Francisco, California 94109
`
`

`

`Dr. Breall is an Internist and Cardiologist. He is expected to give testimony regarding his
`knowledge of cardiovascular organ functions, plaintiff’ s medical condition and prognosis, issues
`of alternative causation, and life-shortening problems not related to alleged asbestos exposure.
`Dr. Breall will be sufficiently familiar with the pending action to submit to a meaningful oral
`deposition concerning any opinion and its basis.
`
`14.
`
`Patricia Buffler, Ph.D.
`85 El Camino Real
`
`Berkeley, California 94705
`
`She is expected to give testimony regarding her
`Dr. Buffler is an Epidemiologist.
`knowledge of and the history of epidemiological principles in relation to asbestos exposure and
`smoking and any increased risk of cancer. Dr. Buffler will be sufficiently familiar with the
`pending action to submit a meaningful oral deposition concerning any opinion and its basis.
`
`15.
`
`Edwin C. Cadman, M.D.
`1960 East-West Road
`
`Honolulu, Hawaii 96822
`
`Dr. Cadman is a Physician, Board-Certified in Oncology and Internal Medicine, who can
`testify as to diagnostic requirements and statistical aspects regarding cancer and other alleged
`asbestos-related disorders. He can also testify concerning state of the art and various principles
`and data concerning cancer and/or asbestos/pneumoconiosis medicine and their relationship to
`plaintiff’ s medical condition and prognosis. He can also testify regarding smoking and other
`life-expectancy issues, plaintiff’s medical condition and prognosis (past, present and future),
`costs of medical care and issues relating to plaintiff’s exposure to asbestos and the likelihood or
`risk of plaintiff’ s contracting asbestos-related diseases from plaintiff’ s various exposures.
`
`16.
`
`Philip Cagle, M.D.
`Department of Pathology
`Baylor College of Medicine
`One Baylor Plaza
`Houston, Texas 77030
`
`Dr. Cagle is a Pathologist who is expected to testify about the causes of cancer,
`mesothelioma, and other asbestos-related diseases as well as his examination of the pathology
`specimens. He may also be asked to respond to the testimony and documents of certain
`witnesses offered at the time of trial or in deposition including, but not limited to, testimony of
`witnesses offered by plaintiffs.
`
`17.
`
`James Caplan, M.D.
`250 N. Robertson Blvd., Suite 606
`
`Beverly Hills, California 90211
`
`

`

`Dr. Caplan obtained his Medical Degree from the University of Pennsylvania,
`Philadelphia, PA in 1976. He obtained his AB. degree from Dartmouth College, Hanover, NH
`in 1972. Dr. Caplan is board certified in Internal Medicine and Pulmonology. He is also a
`partner at Cedars-Sinai Medical Group, Inc.
`
`Dr. Caplan is expected to testify and provide his expert medical opinion on the degree to
`which, if any, plaintiff was exposed to asbestos. Dr. Caplan is also expected to testify and
`provide his expert medical opinion in the medical cause(s) of the alleged lung disease, if any,
`from which plaintiff suffers and whether or not plaintiff suffers from a lung injury which can or
`cannot be attributed to his occupation(s). Dr. Caplan may testify on issues relating to the
`causation of plaintiff’s alleged injuries and medical
`treatment including but not limited to
`examinations and treatments from the treating physician(s). He may further testify as to his
`opinions based upon his medical examination of plaintiff, including radiographic and laboratory
`studies.
`
`Dr. Caplan may also testify regarding the bases of any and all opinions he expresses and
`may also offer testimony concerning the opinions, conclusions and/or methodology of expert
`witnesses offered by plaintiffs in this matter.
`
`Dr. Caplan will be sufficiently familiar with the pending action to submit to a meaningful
`oral deposition concerning the testimony described above, including his expert opinions and
`bases therefore.
`
`18.
`
`Michele Carbone, M.D., Ph.D
`
`Thoracic Oncology Program
`Cancer Research Center of Hawaii
`
`1236 Lauhala Street
`
`Honolulu, Hawaii 96813
`
`Dr. Carbone is a Pathologist and Molecular Biologist. Dr. Carbone is expected to express
`opinions on topics including but not limited to:
`
`49.
`50.
`51.
`52.
`53.
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`54.
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`his evaluation of plaintiff’ s pathology materials;
`the causation of the tumor in this case;
`viral causation of plaintiff’ s tumor;
`the presence of SV40 viral DNA in tumor cells;
`the molecular analytical techniques utilized with respect to plaintiff’s pathology
`materials;
`molecular biology and molecular pathology evaluation techniques and molecular
`biology and molecular pathology findings regarding these pathology materials
`and the reliability and acceptance of these techniques within the scientific and
`medical community.
`
`19.
`
`Bruce W. Case, M.D.
`
`Department of Pathology
`McGill University
`
`

`

`3775 University Street
`Montreal, Quebec
`Canada H3A 2B4
`
`Dr. Case is a Pathologist who will testify regarding pathological issues, asbestos fiber
`differentiation, and the epidemiology of the various diseases for those individuals exposed to
`chrysotile fibers. Dr. Case will offer his opinions regarding the information which indicates that
`chrysotile is not a substantial contributing cause to the development of certain asbestos-related
`diseases.
`
`20.
`
`Giovanna Casola, M.D.
`
`Professor of Clinical Radiology
`UCSD Medical Center
`
`Department of Radiology
`200 West Arbor Drive
`
`San Diego, California 92103-8756
`
`Giovanna Casola, MD. may testify regarding interpretation of radiographic materials
`pertaining to plaintiff’ s medical condition.
`
`21.
`
`Revels M. Cayton, M.D.
`Pulmonologist, Internist
`3300 Webster Street, Suite 304
`
`Oakland, California 94609
`
`Dr. Cayton may testify regarding his knowledge of the lungs and thoracic organ
`functions, plaintiff’ s medical condition and prognosis, issues of alternative causation, and life-
`shortening problems not related to alleged asbestos exposure.
`
`22.
`
`Dr. Eric J. Chatfield
`
`Chatfield Technical Consulting Limited
`2071 Dickson Road
`
`Mississauga, Ontario
`Canada L5B 1Y8
`
`Dr. Chatfield is a Microscopist and is expected to give testimony regarding his study and
`analysis of asbestos mines and their respective fiber type and composition. Dr. Chatfield is also
`expected to give testimony regarding the airborne characteristics of the various asbestos fibers
`and the composition of products relevant to this action, including those products alleged to have
`been manufactured, distributed, sold or used by these Defendants.
`
`23.
`
`Melvin Cheitlin, M.D.
`
`San Francisco General Hospital
`1001 Potrero Avenue, Room 5G1
`
`San Francisco, California
`
`

`

`Dr. Cheitlin is a Cardiologist who is expected to give testimony regarding his knowledge
`of cardiovascular functions, plaintiff’ s medical condition and prognosis, and issues of alternative
`causation. Dr. Cheitlin will be sufficiently familiar with the pending action to submit a
`meaningful deposition concerning any opinion and its basis.
`
`24.
`
`Daniel R. Cher, M.D.
`Senior Scientist
`
`Exponent Health Group
`149 Commonwealth Drive
`
`Menlo Park, California 94025
`
`Dr. Cher may testify on the epidemiological and occupational health issues related to the
`cause of plaintiff’ s disease,
`issues of alternative causation, and life-shortening problems not
`related to alleged asbestos exposure.
`
`25.
`
`Andrew Churg
`Department of Pathology
`University of British Columbia
`Vancouver, British Columbia
`V6T1W5
`
`Dr. Churg is expected to give testimony regarding the pathology of asbestos-related
`diseases and disorders including, but not limited to, the plaintiff’s medical condition. He may
`also provide testimony concerning the causation of plaintiff’s medical condition,
`including
`differentiation between asbestos fiber types in causing such condition. If called upon to provide
`deposition testimony, he will be sufficiently familiar with the facts of the case to provide a
`meaningful deposition.
`
`26.
`
`Joseph Cimino, M.D.
`New York Medical College
`Valhalla, New York 10595
`
`Dr. Cimino is expected to give testimony regarding the hazards of asbestos and the
`knowledge of said hazards at various points of time. He may also testify regarding the nature of
`any disease which plaintiff suffered from or claims to suffer from.
`If called upon to provide
`deposition testimony, he will be sufficiently familiar with the facts of the case to provide a
`meaningful deposition.
`
`27.
`
`Ron Coffee
`
`PD. 4667
`
`Carmel Valley, California 93923
`
`Mr. Coffee has been in the electrical industry for over 30 years. His experience includes
`overseeing of project management, purchasing and estimating for various jobs. He will testify
`with regard to his knowledge of products used in the electrical construction and the scope of
`
`

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`work done pursuant to the job contract. He will testify as to all aspects of electrical work
`including but not limited to purchasing, estimating and installation.
`
`28. Michael Cohen, M.D.
`
`Respiratory Medical Group
`Bldg. #2, Suite 208
`130 La Casa Via
`
`Walnut Creek, California 94598
`
`Dr. Cohen is a Pulmonologist and Internist. He is expected to give testimony regarding
`his knowledge of lung and thoracic organ functions, plaintiff’ s medical prognosis, issues of
`alternative causation, and life-shortening problems not related to alleged asbestos exposure. Dr.
`Cohen will be sufficiently familiar with the pending action to submit to a meaningful oral
`deposition concerning any opinion and its basis.
`
`29.
`
`Thomas V. Colby, M.D.
`Mayo Clinic
`Department of Pathology
`13400 East Shea Blvd.
`
`Scottsdale, Arizona 85259
`
`Dr. Colby is a surgical Pathologist who is expected to give testimony regarding the
`pathological aspects of the case, plaintiff’ s medical condition, issues of alternative causation, and
`life-shortening problems not related to alleged asbestos exposure. Dr. Colby will be sufficiently
`familiar with the pending action to submit to a meaningful oral deposition concerning any
`opinion and its basis.
`
`30.
`
`Kirby B. Cooper, Ph.D.
`3399 Sweet Drive
`
`Lafayette, California 94549
`
`Dr. Cooper is an Epidemiologist who is expected to give testimony regarding his
`knowledge of the history of the development of medical knowledge regarding asbestos-related
`diseases and epidemiological
`issues in the relationship between asbestos exposure and any
`increased risk of cancer or life-shortening problems not related to alleged asbestos exposure. He
`may also testify by deposition transcript and trial transcript, which will be provided to requesting
`counsel.
`If called upon to provide deposition testimony, he will be sufficiently familiar with the
`facts of the case to provide a meaningful deposition.
`
`31. Dr. Morton Corn
`
`Morton Corn & Associates
`
`3208 Bennett Point Road
`
`Queenstown, Maryland 21658
`
`If
`Professor Corn is an Industrial Hygienist and former Assistant Secretary of Labor.
`called, he will present information concerning industrial hygiene standards including matters
`
`

`

`related to asbestos exposure levels, the development of asbestos information, and the response of
`various governmental
`agencies,
`suppliers, manufacturers,
`and the scientific and health
`community to said information. He may also present
`information regarding the potential
`exposure levels and contribution of various asbestos fibers from different products encountered
`throughout plaintiff’s work experience. He will opine on the ability of fibers to remain airborne
`or settle and factors affecting the transport and settlement of fibers. Dr. Corn will also testify
`about the state-of-the-art as it relates to industrial hygiene principles, practices and procedures
`concerning the asbestos-related products to which plaintiff was allegedly exposed. If he does not
`receive written notice that his deposition is canceled, or that it is continued to a different day,
`more than 48 hours before the time his deposition was to have commenced, then the noticing
`party is liable for the reserved time, or the minimum, whichever is greater.
`
`32.
`
`John Craighead, M.D.
`University of Vermont
`Department of Pathology
`Burlington, Vermont 05405
`
`Dr. Craighead is a Medical Doctor who is expected to give testimony regarding
`pathological aspects and issues, plaintiff’s medical condition, and issues relating to the causes or
`origin of plaintiff’ s medical condition. He may also testify concerning issues of asbestos fiber
`differentiation, particularly relating to chrysotile, and the onset of various diseases and the
`application of such information to the causation of plaintiff’s illness.
`If called upon to provide
`deposition testimony, he will be sufficiently familiar with the facts of the case to provide a
`meaningful deposition.
`
`33.
`
`James Crapo, M.D.
`National Jewish Medical and Research Center
`
`1400 Jackson Street
`
`Denver, Colorado 80206
`
`Dr. Crapo is a Professor and specialist in pulmonary medicine. Based upon his personal
`knowledge, experience, training, and his review of plaintiff’s medical records and materials, Dr.
`Crapo is expected to testify about the pulmonary aspects of asbestos exposure, including matters
`such as dose response, pathogenicity, carcinogenicity, and the potential for asbestos-related
`disease as a result of exposures to the different types of fibers. Dr. Crapo is expected to testify as
`to general medical issues and physiology.
`
`Dr. Crapo is also expected to testify about alleged occupational exposure, as described by
`the plaintiff’s witnesses, and whether
`such exposure could be considered a substantial
`contributing factor to plaintiff’s alleged disease. Dr. Crapo is expected to testify about past and
`current epidemiological