`
`
`
`MARGARET PORZUCEK,
`
`
`Plaintiff,
`
`v.
`
`
`FLSMIDTH, INC., f/k/a FULLER
`COMPANY, et al.,
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`CIVIL DIVISION – ASBESTOS
`
`GD No.: 15-013568
`
`FLSMIDTH, INC.'S FACT WITNESS LIST
`
`Filed on Behalf of Defendant:
`FLSmidth, Inc. f/k/a Fuller Company, et al.,
`
`Counsel of Record For This Party:
`
`L. John Argento, Esquire
`PA ID #39342
`
`Stephen R. Mlinac, Esquire
`PA ID #23591
`
`SWARTZ CAMPBELL, LLC
`Firm ID No.: 765
`The Koppers Building
`436 7th Avenue
`7th & 8th Floors
`Pittsburgh, PA 15219
`
`(412) 232-9800
`(412) 471-1106 FAX
`
`JURY TRIAL DEMANDED
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`

`

`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`MARGARET PORZUCEK,
`
`
`Plaintiff,
`
`v.
`
`CIVIL DIVISION – ASBESTOS
`
`GD No.: 15-013568
`
`
`
`FLSMIDTH, INC., f/k/a FULLER
`COMPANY, et al.,
`
`
`
`
`
`
`
`Defendants.
`
`
`FLSMIDTH, INC.'S FACT WITNESS LIST
`
`AND NOW, comes FLSmidth, Inc. by and through its counsel, L. John Argento, Esquire,
`
`Stephen R. Mlinac, Esquire and Swartz Campbell, LLC, and pursuant to the Court’s Scheduling
`
`Order, sets forth the following Fact Witness List:
`
`RESERVATION OF RIGHTS
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`FLSmidth, Inc. reserves the right to call any and all witnesses listed in any
`Witness List or Disclosure of Witnesses filed on behalf of any party or in any
`supplemental Witness List or Supplemental Disclosure of Witnesses, including
`any medical, liability, opinion, condition, damage, expert or records witnesses.
`By this incorporation and subsequent incorporations, FLSmidth, Inc. does not
`intend to incorporate by reference any proposed testimony which identifies any
`product sold or supplied by FLSmidth, Inc.
`
`FLSmidth, Inc. reserves the right to call any witness to offer factual or opinion
`testimony for purposes of impeachment or rebuttal, whether or not such a witness
`has been identified on the Witness List of any party.
`
`FLSmidth, Inc. reserves the right to call any and all of the witnesses named in any
`of the pleadings of record, depositions, Answers to Interrogatories or Responses
`to Request for Admissions.
`
`FLSmidth, Inc. reserves the right to call any or all of Plaintiff’s treating,
`consulting and examining physicians which are now known or which later
`become known.
`
`FLSmidth, Inc. reserves the right to call any impeachment or rebuttal witnesses
`made necessary by any witnesses' testimony at trial.
`
`FLSmidth, Inc. reserves the right to call as witness, any photographer, subpoena
`server, or investigator of the Plaintiff’s or any Defendant.
`
`FLSmidth, Inc. reserves the right to call as a witness, all parties and any present or
`former agent, servant, employee, representative or officer of any party.
`
`

`

`
`
`8.
`
`
`
`
`
`FLSmidth, Inc. reserves the right to call as a witness any co-worker identified by
`Plaintiff in his Fact Witness List, Supplemental Fact Witness Lists, Pretrial
`Statement, or identified in opposition to any Defendant’s Motion for Summary
`Judgment.
`
`COWORKERS AND FACT WITNESSES
`
`FLSmidth, Inc. may call any or all of the following persons as liability witnesses at the
`
`time of trial:
`
`1.
`
`All Plaintiff’s family members or representatives;
`
`
`
`
`
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`All potential coworkers of Plaintiff, including, but not limited to:
`
`(a)
`
`(b)
`
`All witnesses listed by Plaintiff in his Fact Witness List, to the extent that
`said witnesses do not have an interest adverse to FLSmidth, Inc. and/or do
`not offer testimony in contravention of FLSmidth, Inc.’s defenses in this
`action. A description of likely testimony and any reference to previous
`testimony and/or affidavit can be found in Plaintiff’s Fact Witness List.
`
`All witnesses listed on the Fact Witness Lists, or in any other pleading,
`filed by any other defendant, to the extent that said witnesses do not have
`an interest adverse to FLSmidth, Inc. and/or do not offer testimony in
`contravention of FLSmidth, Inc.’s defenses in this action. A description of
`likely testimony and any reference to previous testimony and/or affidavit
`can be found in the original pleading.
`
`2.
`
`Records Custodian of any or all of the companies of which Plaintiff was
`employed by.
`
`
`
`FLSmidth, Inc. specifically reserves its right to supplement this list as investigation and
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`discovery continue.
`
`3.
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`4.
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`5.
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`Record Custodian and/or representative of the various labor unions of which the
`Plaintiff was a member.
`
`Records Custodian
`Bureau of Workers' Compensation
`
`Records Custodian
`Social Security Administration
`Bureau of Disability Insurance
`Baltimore, MD 21235
`
`2
`
`

`

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`6.
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`7.
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`8.
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`9.
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`10.
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`11.
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`12.
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`13.
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`14.
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`
`
`
`Records Custodian
`Internal Revenue Service
`11601 Roosevelt Boulevard DP 2815
`Philadelphia, PA 19255
`
`Records Custodian
`Social Security Administration
`Office of Central Records Operations
`Baltimore, MD 21235
`
`Custodian of records/corporate representative
`Pennsylvania Department of Revenue
`Office of Chief Counsel
`Dept. 281061
`Harrisburg, PA 17128
`
`For the purposes of obtaining testimony concerning corporate identity, the
`manufacture or sale of asbestos-containing products, the composition of those
`products, the dates of manufacture and/or sale of those products and the placing of
`warnings on those products, FLSmidth, Inc. may call representatives of all parties
`in this action or any related action.
`
`Custodian of records/representative of each and every treating physician and/or
`other health care provider who examined, reported on, and/or treated the Plaintiff,
`as identified in any medical records, pretrial statement, discovery, and in any
`depositions to be taken in this lawsuit and/or related lawsuits, if any, brought by
`Plaintiff-husband.
`
`(a)
`
`Defendant reserves the right to supplement this Fact Witness List as more
`information becomes available relative to Plaintiff’s medical history.
`
`Any and all treating, examining and/or diagnosing physicians and/or other health
`care providers of Plaintiff.
`
`Custodian of records of the Manville Personal Injury Settlement Trust c/o
`Claimants Resolution Management Corporation.
`
`Custodian of records/representatives of any other asbestos-related bankrupt entity
`against whom a claim has been made by Plaintiff.
`
`FLSmidth, Inc. corporate representatives, including but not limited to the
`following:
`
`(a)
`
`Louis DiBuo
`FLSmidth, Inc.
`2040 Avenue C
`Bethlehem, PA 18017
`
`
`
`3
`
`
`
`

`

`
`
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`
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`
`
`(b)
`
`
`
`(c)
`
`(d)
`
`(e)
`
`(f)
`
`
`
`
`
` (g)
`
`(h)
`
`
`
`Thomas Dietrich
`FLSmidth, Inc.
`2040 Avenue C
`Bethlehem, PA 18017
`
`Scott Baker
`FLSmidth, Inc.
`2040 Avenue C
`Bethlehem, PA 18017
`
`Louis Schwartz
`FLSmidth, Inc.
`2040 Avenue C
`Bethlehem, PA 18017
`
`Jerry Deutsch
`FLSmidth, Inc.
`2040 Avenue C
`Bethlehem, PA 18017
`
`Dennis Balmer
`FLSMIDTH, INC.
`236 S. Cherry St.
`Manheim, PA 1754
`
`Albert Conley
`FLSmidth, Inc.
`236 S. Cherry St.
`Manheim, PA 1754
`
`Edwin Decker (retired)
`Catasauqua, PA
`
`
`FLSmidth, Inc. reserves the right to supplement this List depending upon what
`
`FLSmidth/Fuller products may be identified during the course of discovery in this matter.
`
`
`
`DAMAGE WITNESSES
`
`This Defendant may call any or all of the following persons as damage witnesses at the
`
`time of trial:
`
`1.
`
`Any or all witnesses, including expert medical or technical witnesses, listed in the
`Witness List or Disclosure of Witnesses of any party to this action.
`
`4
`
`

`

`
`
`
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`
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`
`
`
`
`All physicians, lab technicians, and other health care personnel identified in all
`hospital and/or medical records as well as appearing in the Witness List or
`Disclosure of Witnesses of the Plaintiff and/or any other party to this action.
`
`2.
`
`3.
`
`Any and all of the aforementioned Witnesses.
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`SWARTZ CAMPBELL, LLC
`
`
`By: _/s/ Stephen R. Mlinac__________
`L. John Argento, Esquire; PA ID #39342
`Stephen R. Mlinac, Esquire; PA ID #23591
`Counsel for Defendant,
`The Koppers Building
`436 7th Avenue
`7th & 8th Floors
`Pittsburgh, PA 15219
`(412)232-9800
`FLSmidth, Inc. (f/k/a Fuller Company)
`
`
`
`
`
`
`
`
`
`
`5
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`

`

`
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`MARGARET PORZUCEK,
`
`
`Plaintiff,
`
`v.
`
`CIVIL DIVISION – ASBESTOS
`
`GD No.: 15-013568
`
`
`
`FLSMIDTH, INC., f/k/a FULLER
`COMPANY, et al.,
`
`
`
`
`
`
`
`Defendants.
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing FACT
`
`WITNESS LIST has been served on this 1st day of March, 2016, by U. S. first-class mail,
`
`postage prepaid, to following counsel of record, and notice of same to all defense counsel via
`
`electronic mail:
`
`Janice M. Savinis, Esquire
`SAVINIS & KANE, LLC
`Suite 3626 Gulf Tower
`707 Grant Street
`Pittsburgh, PA 15219
`
`
`
`
`
`
`SWARTZ CAMPBELL, LLC
`
` BY:
`
`
`
`_/s/ Stephen R. Mlinac__________
`L. John Argento, Esquire; PA ID #39342
`Stephen R. Mlinac, Esquire; PA ID #23591
`Counsel for Defendant,
`The Koppers Building
`436 7th Avenue
`7th & 8th Floors
`Pittsburgh, PA 15219
`(412)232-9800
`FLSmidth, Inc. (f/k/a Fuller Company)
`
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