IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
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`TERESA GALAYDA, Administratrix of the
`Estate of HARRY A. CHERRY, SR.,
`Deceased, and JOSEPHINE CHERRY, in her
`own right,
`Plaintiffs,
`V.
`
`A.O. SMITH CORPORATION, et al.,
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`Defendants.
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`01728662.DOCX 7921-0246
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`CIVIL DIVISION — ASBESTOS
`No. GD-18-009814
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`Type of Pleading:
`DEFENDANT MORGAN ENGINEERING
`SYSTEMS INC.’S FACT WITNESS LIST
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`Filed on behalf of Defendant, MORGAN
`ENGINEERING SYSTEMS, INC.
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`Counsel of record for this party:
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`JONI M. MANGINO, ESQUIRE
`Pa. I.D. #43586
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`RYAN A. ZELI, ESQUIRE
`Pa. I.D. #203054
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`ZIMMER KUNZ, PLLC
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`310 Grant Building, Suite 3000
`Pittsburgh, PA 15219
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`(412) 281-8000
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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
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`A.O. SMITH CORPORATION, et al.,
`
`Defendants.
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`TERESA GALAYDA, Administratrix of the ) CIVIL DIVISION — ASBESTOS
`Estate of HARRY A. CHERRY, SR., )
`Deceased, and JOSEPHINE CHERRY, in her )
`own right, ) No. GD-18-009814
`)
`Plaintiffs, )
`)
`V. )
`)
`)
`)
`)
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`DEFENDANT MORGAN ENGINEERING SYSTEMS. INC.’S FACT WITNESS LIST
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`AND NOW COMES Defendant, Morgan Engineering Systems, Inc. (“Morgan
`Engineering”), by and through its attorneys, ZIMMER KUNZ, PLLC, and submits the
`following list of witnesses whom it reasonably anticipates may testify at trial.
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`By the submission of this list, this Defendant does not waive any defenses that it may have
`and further reserves the right to supplement the following list of witnesses prior to trial. This
`Defendant may call any and all witnesses listed in any witness disclosure filed on behalf of any
`party. Moreover, this Defendant has not been provided with sufficient information to enable it to
`identify accurately and completely all of the witnesses it may call to testify. Plaintiff has not
`sufficiently identified the cranes or component parts which Plaintiff claims to have been a
`substantial factor in producing Plaintiff’s alleged disease nor has Plaintiff sufficiently described
`the manner in which Plaintiff used or worked around a Morgan Engineering Crane and/or how he
`was allegedly exposed to asbestos fibers. Hence, it is impossible for this Defendant to anticipate
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`all of the witnesses or exhibits it will utilize at trial.
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`01728662.DOCX 7921-0246
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`FACT WITNESSES
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`This Defendant may call the following fact witnesses as well:
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`1. Mark Fedor, Morgan Engineering
`1049 South Mahoning Ave.
`Alliance, OH 44601
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`2. Any representative of Morgan Engineering.
`3. Corporate representatives of any and all codefendants.
`4. Any witnesses or affiants listed by Plaintiff or any other Defendant in witness and
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`exhibit lists, summary judgment motions, or pretrial statements filed in this case.
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`5. Any coworkers of Plaintiff or Plaintiffs’ relatives
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`6. Any representatives of Plaintiffs’ or Plaintiffs’ relatives’ employers.
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`7. Records Custodian or other representatives of any other Defendant in this case.
`8. Records Custodian or other representatives for hospitals and/or health care
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`provided where Plaintiff was treated.
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`9. Defendant would rely upon the submission by defense lead counsel to furnish the
`specific medical information relative to Plaintiff.
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`10. Any co-worker properly identified pursuant to the Case Management Order.
`RESERVATIONS
`1. This Defendant reserves the right to call any witnesses to offer factual or opinion
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`testimony for purpose of impeachment or rebuttal whether or not such witness has been
`identified on the witness disclosure of any party.
`2. This Defendant reserves the right to call undesignated rebuttal expert witnesses
`whose testimony cannot be foreseen at the presentation of evidence against Morgan Engineering.
`3. This Defendant reserves its right to call upon cross-examination, any lay or expert
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`witnesses which Plaintiff may be permitted to call.
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`01728662.DOCX 7921-0246
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`4. This Defendant reserves the right to introduce into evidence any and all medical
`records pertaining to the Plaintiff. In addition, this Defendant reserves the right to have any
`witnesses testify in accordance with the records, reports and letters pertaining to the Plaintiff
`and/or decedents.
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`5. This Defendant reserves the right to have any witness testify in accordance with
`the scope of any of the above items or as to conclusions reached as a result of the above
`items. In addition, this Defendant reserves the right to call as a witness any person necessary to
`authenticate the above items.
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`6. This Defendant reserves the right to call any or all of the witnesses named in any
`pleading of record, including depositions, answers to interrogatories or responses to request for
`admissions.
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`7. This Defendant reserves the right to call any or all of the decedent’s treating,
`consulting and examining physicians.
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`8. This Defendant reserves the right to amend and/or supplement this witness list at
`any point through trial.
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`Respectfully submitted:
`ZIMMER KUNZ, PLLC
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`By: s/ ja?ga/z a. Zeli
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`JONI M. MANGINO, ESQUIRE
`RYAN A. ZELIL ESQUIRE
`Attorneys for Defendant,
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`Morgan Engineering Systems, Inc.
`310 Grant Street, Suite 3000
`Pittsburgh, PA 15219
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`(412) 281-8000
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`01728662.DOCX 7921-0246
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`CERTIFICATE OF SERVICE
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`This is to certify that a true and correct copy of the within FACT WITNESS LIST
`has been served upon counsel for the plaintiffs as addressed below via U.S. First Class Mail,
`postage prepaid, with notice of same to all counsel of record via email this 30" day of April
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`2019.
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`Cori J. Kapusta, Esquire
`KAPUSTA, DEIHL & SCHWEERS, LLC
`445 Fort Pitt Boulevard, Suite 500
`Pittsburgh, PA 15219
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`ZIMMER KUNZ, PLLC
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`By, v Ryan (@ Zeli
`RYAN A. ZELI
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`01728662.DOCX 7921-0246
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