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`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`MELVIN KING, Executor of the Estate of
`JAMES W. KING, JR., Deceased,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`VIACOMCBS INC., f/k/a CBS
`CORPORATION, a Delaware Corporation,
`f/k/a VIACOM, INC., successor by merger to
`CBS CORPORATION, a Pennsylvania
`corporation, f/k/a WESTINGHOUSE
`ELECTRIC CORPORATION, et al.,
`
`
`Defendants.
`
`CIVIL DIVISION - ASBESTOS
`
`No. G.D. 18-014836
`
`
`
`PRETRIAL STATEMENT
`
`
`Filed on behalf of ViacomCBS Inc., f/k/a
`CBS Corporation, a Delaware corporation,
`f/k/a Viacom Inc., successor by merger to
`CBS Corporation, a Pennsylvania
`corporation, f/k/a Westinghouse Electric
`Corporation, Defendant
`
`Counsel of Record for this Party:
`
`Eric L. Horne, Esq.
`PA ID No. 36496
`
`Daniel J. Sinclair, Esq.
`PA ID No. 70213
`
`Gretchen N. Panchik, Esq.
`PA ID No. 324111
`
`ECKERT SEAMANS CHERIN &
`MELLOTT, LLC
`Firm No. 075
`600 Grant Street, 44th Floor
`Pittsburgh, PA 15219
`
`(412) 566-6000
`
`
`{J2797298.1}
`
`
`
`

`

`
`
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`CIVIL DIVISION - ASBESTOS
`
`No. G.D. 18-014836
`
`
`
`
`
`MELVIN KING, Executor of the Estate of
`JAMES W. KING, JR., Deceased,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`VIACOMCBS INC., f/k/a CBS
`CORPORATION, a Delaware Corporation,
`f/k/a VIACOM, INC., successor by merger to
`CBS CORPORATION, a Pennsylvania
`corporation, f/k/a WESTINGHOUSE
`ELECTRIC CORPORATION, et al.,
`
`
`Defendants.
`
`PRETRIAL STATEMENT
`
`ViacomCBS Inc., f/k/a CBS CORPORATION, a Delaware Corporation, f/k/a VIACOM,
`
`INC., successor by merger to CBS CORPORATION, a Pennsylvania corporation, f/k/a
`
`WESTINGHOUSE ELECTRIC CORPORATION (“Westinghouse”), defendant, by its attorneys,
`
`Eckert Seamans Cherin & Mellott, LLC, files the following Pretrial Statement in accordance with
`
`Pa R.C.P. 212 and ALLEGHENY County local rule 212.2.
`
`I.
`
`Narrative Statement
`
`Plaintiffs filed a Complaint against a large number of defendants, including Westinghouse,
`
`alleging that King had contracted lung cancer as a result of his occupational exposure to asbestos.
`
`Mr. King worked at various facilities as a plumber/pipefitter out of Local Union 354 from 1962 to
`
`2003.
`
`Mr. King was diagnosed with lung cancer. It is Westinghouse’s position that Mr. King’s
`
`lung cancer was solely related to cigarette smoking and was unrelated to exposure to asbestos from
`
`a product manufactured or supplied by Westinghouse.
`
`{J2797298.1}
`
`
`
`

`

`GD 18-014836
`
`IA. DEFENDANT WESTINGHOUSE’S PROPOSED VOIR DIRE STATEMENT
`
`Mr. King alleges that he developed lung cancer as a result of exposure to asbestos from
`
`products that he used or which were used around him in the course of his employment at various
`
`facilities as a plumber/pipefitter out of Local Union 354. It is Westinghouse’s position that Mr.
`
`King’s lung cancer was solely related to cigarette smoking and was unrelated to exposure to
`
`asbestos from a product manufactured or supplied by Westinghouse.
`
`IB. DEFENDANT WESTINGHOUSE’S PROPOSED VOIR DIRE QUESTIONS
`
`In addition to the standard voir dire questions in LR 220.1, and in conjunction with those
`
`questions, defendant Westinghouse requests that the following questions be submitted to the
`
`members of the panel:
`
`1.
`
`Have you or any member of your family worked in a factory or any other type of
`
`industrial facility?
`
`2.
`
`3.
`
`Have you ever cared for a loved one who had a terminal illness?
`
`Do you believe that any exposure to asbestos, no matter how low, is dangerous?
`
`Westinghouse also requests that it be permitted to submit limited follow-up questions to
`
`those members of the panel that respond affirmatively to the additional questions.
`
`IC. DEFENDANT WESTINGHOUSE’S OBJECTIONS TO PLAINTIFF’S PROPOSED
`VOIR DIRE STATEMENT AND QUESTIONS
`
`
`
`Westinghouse objects to plaintiffs’ proposed a voir dire statement or voir dire questions
`
`pursuant to LR 212.2 and LR 220.1, and counter-proposes the above.
`
`II.
`
`Fact Witnesses
`
`Westinghouse may call in its case in chief any or all of the following witnesses. To the
`
`extent that reports of expert or opinion witnesses are pertinent and required the same have been or
`
`will be served upon all counsel of record. To the extent the reports or exhibits are supplied to
`
`{J2797298.1}
`
`
`2
`
`

`

`GD 18-014836
`
`plaintiffs’ counsel from another source, including, but not limited to, any other defendant,
`
`Westinghouse incorporates the same herein by reference. Westinghouse reserves the right to
`
`amend the within listing to name additional fact and non-expert witnesses in response to plaintiff’s
`
`filings.
`
`Liability/Damages
`
`In addition to the plaintiff, plaintiff’s co-workers, all co-plaintiffs or co-workers identified
`
`by plaintiffs in their Pretrial Witness List (incorporated herein by reference) and all affiants
`
`identified by any plaintiffs directly or by implication in any plaintiffs’ opposition to the Motion
`
`for Summary Judgment of any defendant and fact and non-expert witnesses identified by any other
`
`defendant, the individuals listed below may be called to testify regarding liability and/or damages:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`Gerald Benzinger
`6621 Powers Road
`Orchard Park, NY 14127
`
`David E. Baldwin
`7611 Patterson Road
`Beaufort, SC 29902
`
`Andy Kirschner
`Virginia Insulated Products
`Saltsville, VA 24210
`
`John H. Daniels
`P.O. Box 2471
`Tybee Island, GA 31328
`
`Thomas Shaw
`Wilmington, DE
`
`J. David Conrad
`1706 Demetree Drive
`Winter Park, FL 32789
`
`Douglas M. Ware
`1314 Alberta Drive
`Winter Park, FL 32789
`
`{J2797298.1}
`
`
`3
`
`

`

`GD 18-014836
`
`8.
`
`9.
`
`Raymond McMullen
`6354 Kaitlyn Court
`Cincinnati, OH 45248
`
`Gary Banks
`696 North, 165 West
`Centerville, UT 84014
`
`10. Maurice A. Confer
`
`627 Wyandotte Street
`
`Irwin, PA 15642
`
`11.
`
`Richard Wengrzyn
`4990 Longview Court
`Murrysville, PA 15668
`
`
`
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`Representative and/or records custodian of plaintiff's places of employment
`
`Representative/records custodian of Defendant
`
`Any or all persons referenced in the Plaintiff's medical records
`
`Any or all persons referenced in the Plaintiff's employment records
`
`Records custodian/representative of the Internal Revenue Service
`
`Records custodian/representative of all employers of the Plaintiff
`
`Records custodian/representative of any union which Plaintiff was a member
`
`Records custodian/representative of the Social Security Administration
`
`Records custodian/representative of any and all health care providers of the Plaintiff
`
`Any or all persons identified in any Co-Worker and/or Fact Witness Disclosure,
`Response to any Defendant's Motion for Summary Judgment or any Pretrial
`Statement filed by any and all parties named in this action and/or any prior action
`filed by the instant Plaintiff (names and addresses incorporated herein by reference)
`
`Records custodian/representative of the Manville Personal Injury Trust, c/o Claims
`Resolution Management Corporation, 3110 Fairview Park Drive, Suite 200, P.O.
`12003, Falls Church, VA 22042
`
`Records custodian/representative of any entity that a claim based upon asbestos
`exposure has been filed by Plaintiff on his behalf
`
`Representative/records custodian of any entity that performed asbestos removal or
`sampling at any job site where plaintiff worked.
`
`{J2797298.1}
`
`
`4
`
`

`

`25.
`
`26.
`
`Any person from any worksite where Plaintiff claims exposure to asbestos.
`
`Corporate Representative of each defendant
`
`GD 18-014836
`
`27.
`
`James W. King, Jr.
`
`28. Mel King
`
`29.
`
`Carole J. King
`
`30.
`
`Dr. Iannamorelli
`
`31.
`
`Benjamin Kalsmith, M.D.
`
`32.
`
`Emily Yee, M.D.
`
`33.
`
`Dr. Fong
`
`34.
`
`Dr. Bonacore
`
`35.
`
`Dr. Villaruez
`
`36.
`
`Dr. Karlovitis
`
`37.
`
`38.
`
`39.
`
`40.
`
`41.
`
`Representative/records custodian of UPMC Shadyside Hospital
`
`Representative/records custodian of Jefferson Hospital
`
`Representative/records custodian of UPMC Hillman
`
`Representative/records custodian of UPMC Montefiore
`
`Representative/records custodian of Uniontown Hospital
`
`42.
`
`Christine Bedner
`
`43.
`
`Harry Moats
`
`44.
`
`Larry Broadwater
`
`45.
`
`Donald Clear
`
`46.
`
`James Barker
`
`47.
`
`Frank Andrisko
`
`48.
`
`Richard Kuehner
`
`49. Michael Ondrish
`
`{J2797298.1}
`
`
`5
`
`

`

`GD 18-014836
`
`50.
`
`Frank Gori
`
`51.
`
`Andrew Sklenar
`
`52.
`
`George S. Chuprinko
`
`53.
`
`Thomas Peake
`
`54.
`
`Charles Fischerkeller
`
`55.
`
`Edwin Kline
`
`56.
`
`Fred Daniels
`
`57.
`
`James Brennan
`
`58.
`
`David Naatz
`
`59.
`
`Daniel Seiler
`
`60.
`
`Fred Smith
`
`61.
`
`Lewis Martini
`
`62.
`
`Timothy A. Ferrari
`
`63.
`
`Ronald Russell
`
`64.
`
`James Harvey
`
`65.
`
`Albert Thomas
`
`66.
`
`George Ansell
`
`67.
`
`Harry Donovan
`
`68.
`
`Lawrence Steigerwald
`
`69.
`
`Nicholas Yanchesk
`
`70.
`
`Jess Richardson
`
`71. Wesley Rippel
`
`72.
`
`David Morris
`
`73.
`
`Robert Minda
`
`74. William Lisac
`
`{J2797298.1}
`
`
`6
`
`

`

`GD 18-014836
`
`75.
`
`Thomas Conway
`
`76.
`
`Steven Janaszek
`
`77. William Cooley
`
`78.
`
`Richard Tate
`
`79.
`
`John Clemmer
`
`80.
`
`Benjamin Chapman
`
`81.
`
`George Gvozdich
`
`82.
`
`Thomas Zupan
`
`83.
`
`Laudi Vautar
`
`84.
`
`Jay Moore
`
`85.
`
`Jack Hodgson
`
`86.
`
`Charles Byrne
`
`87.
`
`Howard Hill
`
`88.
`
`Raymond M. Long
`
`89.
`
`Raymond Elliott, Sr.
`
`90.
`
`Jack Fine
`
`91.
`
`George Lenhart
`
`92. Warren Washabaugh
`
`93.
`
`Ralph E. Newcomer, Jr.
`
`94.
`
`Terry Newell
`
`95.
`
`Rick Zaph
`
`96.
`
`Daniel Olbrish
`
`97.
`
`Richard Burkholder
`
`98.
`
`Ronald Roule
`
`99. William Stoffel
`
`{J2797298.1}
`
`
`7
`
`

`

`GD 18-014836
`
`100. Donald Desiderio
`
`101. Gary Detman
`
`102. Elmer Lofgren
`
`103. Arthur Hohn
`
`104. Frank Sedlmayer
`
`105.
`
`John Schaffer
`
`106. Lawrence Neth
`
`107. Peter Talarovich
`
`108. Vincent Parise
`
`109. Dick Carney
`
`110. Thomas Morrison
`
`111. Daniel Yost
`
`112. Kenneth Langland
`
`113. Barry Hatalsky
`
`114.
`
`Italo Alfonsi
`
`115. Elmer Bloom
`
`116. Robert Bowers
`
`117. Gerald Strelick
`
`118.
`
`John Ulrich
`
`119. Dale Holiday
`
`120. William Corbett
`
`121. Thomas McKernan
`
`122. Emmett Baxendell
`
`123. Clark G. Detman
`
`124. Steve Gall
`
`{J2797298.1}
`
`
`8
`
`

`

`GD 18-014836
`
`125.
`
`John Conaway
`
`126. Ronald Boyer
`
`127. David Hood
`
`128. Vaughn Braddock
`
`129. Michael Hazy
`
`130. Frank Manown
`
`131.
`
`John King, Jr.
`
`132.
`
`John Joseph
`
`133. Eugene Coon
`
`134. George Jacobs
`
`135. Fred Briggs
`
`136.
`
`Joseph Oliver
`
`137. Alan Hoffer
`
`138. Anthony Bollibon
`
`139. Rae Hicks
`
`140. Darwin Cunningham
`
`141.
`
`James Evans
`
`142. Kenneth Hemming
`
`143. Eugene Conn
`
`144. Kenneth Thompson
`
`145. Martin Chambers
`
`146. Robert Rokita
`
`147. William Shetler
`
`148. George Lyon
`
`149.
`
`John Cofchin
`
`{J2797298.1}
`
`
`9
`
`

`

`GD 18-014836
`
`150.
`
`James Pardee
`
`151. Martin Coyne
`
`152. Richard King
`
`153. Angelo Mincone
`
`154. Danny Brown
`
`155. Thomas Braunegg
`
`156. Frank Kelly
`
`157.
`
`James DeShong
`
`158. William Marriman
`
`159. Alick Kovach
`
`160. Steven Holmes
`
`161.
`
`Isaac Large, III
`
`162.
`
`Joseph Jenco
`
`163. Dennis Knetzer
`
`164. Rollie Broadwater
`
`165. Lester Williams
`
`166.
`
`Joseph Fuoco
`
`167. Nick Povich
`
`168. Regis Holden
`
`169. All Ellsessar
`
`170.
`
`John Tooey
`
`171. Walter Banner
`
`172.
`
`John Parasida
`
`173.
`
`Joseph Delduca
`
`174. Edward Daerr
`
`{J2797298.1}
`
`
`10
`
`

`

`GD 18-014836
`
`175.
`
`John Lengvarsky
`
`176.
`
`James Harmon
`
`177. Mark Harrison
`
`178. Armond Pistilli
`
`179. Walter Sylvester, Jr.
`
`180. Nelson Ishman
`
`181. Kenneth P. Goodrum
`
`182. Donald Milas
`
`183.
`
`James Puckey
`
`184. William Lengerer
`
`185. Regis Bridge
`
`186. Herbert T. Lintelman
`
`187. Harry Hawman
`
`188. Frank Johnson
`
`III. Expert Witnesses
`
`1.
`
`John E. Craighead, M.D.
`University of Vermont Medical School
`Department of Pathology
`Burlington, VT
`
`Philip Cagle, M.D.
`Baylor College of Medicine
`One Baylor Plaza
`Houston, TX 77030
`
`Mark R. Wick, M.D.
`Department of Surgical Pathology
`University of Virginia School of Medicine
`2200 Jefferson Park Avenue
`Charlottesville, VA 22908
`
`Russell P. Sherwin, M.D.
`Department of Pathology
`
`{J2797298.1}
`
`
`11
`
`

`

`GD 18-014836
`
`USC School of Medicine
`2011 Zonal Avenue, HRM-201
`Los Angeles, CA 90033
`
`John Ritter, MD
`Dept. of Pathology
`ALLEGHENY University School of Medicine
`660 South Euclid Street
`St. Louis, MO 63110
`
`Michael A. Graham, M.D.
`St. Louis University School of Medicine
`3556 Caroline Street
`St. Louis, Missouri 63104
`
`Michael J. Warhol, MD
`135 Allgates Drive
`Haverford, PA 19041
`
`Harry B. Demopoulos, M.D.
`24 Sycamore Road
`Scarsdale, NY 15083
`
`Stanley J. Geyer, M.D.
`Geyer Pathology
`3 Willow Farms Lane
`Pittsburgh, PA 15238
`
`Victor L. Roggli, M.D.
`Duke University Medical Center
`DUMC 3712
`Durham, NC 27710
`
`
`
`The doctors listed above may be called to testify as to their findings and diagnosis of injury
`
`after examination and analysis of tissue, slides or other pathologic materials, medical records,
`
`reports, radiographs and plaintiff work histories. They may give testimony concerning their review
`
`of any report purported to be diagnostic of any oncological condition and the methods of and
`
`procedures for conducting fiber counts. They may give testimony regarding malignancies
`
`associated with asbestos exposure or cigarette abuse and other malignancies from which they must
`
`be differentiated, the appropriate protocols for diagnosis of those conditions, prognosis and
`
`{J2797298.1}
`
`
`12
`
`

`

`GD 18-014836
`
`information relating to the known causes of those malignancies. They may testify concerning the
`
`texts and other literature relevant to any malignancy purported to be asbestos-related and any other
`
`malignancy from which it must be distinguished, including date relevant to contentions of
`
`increased risk of asbestos-related disease or cancer, prognosis, the relevant standards of care and
`
`considerations relating to medical monitoring. Their testimony may include discussion of any
`
`relevant epidemiology, anatomy and physiology.
`
`2.
`
`Jerome F. Wiot, M.D.
`University of Cincinnati
`School of Medicine
`Radiology Department
`P.O. Box 670742
`Cincinnati, OH 45267-0742
`
`W. Scott Morse, M.D.
`1186 Hillcrest Ave.
`Pittsburgh, PA 15220
`
`Paul Wheeler, M.D.
`Associate Professor of Radiology
`Johns Hopkins University
`
`W. Keith C. Morgan, M.D.
`University of West Ontario
`University Hospital
`London, Ontario, Canada
`
`
`
`The doctors listed above may be called to testify as to their interpretation of x-rays of any
`
`portion of the thoracic capacity and the interpretation of those x-rays as reported by others. They
`
`may explain the ILO interpretation scheme and the B-reader certification program of NIOSH.
`
`They may also testify concerning the radiology of asbestos-related disease, the appropriate
`
`diagnostic standards for evaluating asbestos-related disease by radiology and the medical condition
`
`of the plaintiff from a radiological perspective.
`
`3.
`
`George B. Goodman, M.D.
`Sewickley Medical Association
`
`{J2797298.1}
`
`
`13
`
`

`

`GD 18-014836
`
`701 Broad Street
`Sewickley, PA 15143
`
`Gregory J. Fino, M.D., F.C.C.P.
`Clinical & Occupational Pulmonary Associates, LLC
`St. Clair Hospital
`1000 Bower Hill Road, Suite 211
`Pittsburgh, PA 15243
`
`Peter D. Kaplan, M.D.
`Suite 300
`490 East North Avenue
`Pittsburgh, PA 15212
`
`
`
`The doctors listed above may be called to testify as to the extent to which shortness of
`
`breath or other alleged symptoms may be the result of cardiac-related conditions or disease. Their
`
`opinions will be based in part on interpretation and review of reports of testing of pulmonary
`
`function, including blood gas studies, x-rays and other tests or examinations diagnostic of cardiac
`
`function and disease. Their testimony may also be based on medical records, plaintiff work
`
`histories or physical examination. The doctors may explain the anatomy and physiology relevant
`
`to any particular condition or disease and its relationship with the symptoms at issue.
`
`4.
`
`Stanley B. Fiel, M.D.
`Chief, Pulmonary Disease and Critical Care Section
`Medical College of Pennsylvania
`3300 Henry Avenue
`Philadelphia, PA 19129
`
`Hans Weill, M.D.
`Tulane Medical Center
`1700 Perdido Street
`New Orleans, LA 70112
`
`James Crapo, M.D.
`Duke University Medical Center
`Box 3177, Room 350 Bell Building
`Durham, NC 27710
`
`Ed A. Gaensler, M.D.
`Boston University Medical Center
`
`{J2797298.1}
`
`
`14
`
`

`

`GD 18-014836
`
`80 East Concord Street
`Boston, MA 02118
`
`Joseph J. Renn, M.D.
`West Virginia University Medical Center
`Morgantown, WV
`
`I. Allan Feingold, M.D.
`Chief, Division of Pulmonary Medicine
`South Miami Hospital
`6200 Southwest 73rd Street
`Miami, FL 33143
`
`
`
`The doctors listed above may be called to testify as to their interpretation of reports of
`
`testing of pulmonary function, x-rays or reports of x-rays and other tests or examinations
`
`diagnostic of pulmonary injury. Their testimony may also be based on medical records and
`
`plaintiff work histories. They may explain the anatomy and physiology related to breathing and
`
`discuss the effects to the body potentially caused by exposures to asbestos, cigarettes and other
`
`exposures identified in the record of each individual case. They may discuss all asbestos-related
`
`conditions and injuries, the appropriate protocols for diagnosis of each, the history of medical
`
`knowledge concerning each, interpretation of symptoms in diagnosis of each, the texts and other
`
`literature relevant to each, including date relevant to contentions of increased risk of development
`
`of asbestos-related disease or cancer, prognosis, the relevant standards of care and considerations
`
`relating to medical monitoring. They may explain the ILO interpretation scheme and the B-reader
`
`certification program of NIOSH. They may also testify concerning the radiology of asbestos-
`
`related disease and the appropriate diagnostic standards for evaluating asbestos-related disease by
`
`radiology. Their testimony may include discussion of epidemiology and the causal relation, if any,
`
`between asbestos-related disease and particular products or types of products. They may give a
`
`diagnosis of the plaintiff and offer opinion concerning explanation for any symptoms alleged.
`
`5.
`
`John C. Lumsden, CIH
`
`{J2797298.1}
`
`
`15
`
`

`

`GD 18-014836
`
`2326 Hales Road
`Raleigh, NC 27608
`
`Sheldon H. Rabinovitz, Ph.D., CIH
`Rabinovitz Consulting, Inc.
`14712 Botany Way
`N. Potomac, MD 20878
`
`Vittorio K. Argento, Ph.D., P.E.
`Environmental Engineering Services
`215 South East 25th Terrace
`Cape Coral, FL 33904
`
`Terrence John Stobbe, Ph.D.
`322 Watts Street
`Morgantown, WV 26505
`
`Kyle Dotson, CIH
`Maxim Engineers, Inc.
`2342 Fabens
`Dallas, TX 75229
`
`Lee Schumann, CIH
`Clayton Environmental Consultants, Inc.
`Edison, NJ
`
`
`
`The above witnesses are industrial hygienists and/or environmental or occupation
`
`engineers and may testify about their knowledge of the function, composition and asbestos content
`
`of Westinghouse electrical equipment including motors, panel boards, arc boxes and arc chutes.
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`They may also testify about asbestos-insulated wire and cable manufactured by other entities.
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`They may also testify as to whether these products were capable of emitting respirable asbestos
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`fibers of the type, size or quantity which could have substantially contributed to plaintiff’s alleged
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`disease process. They may testify about government standards and regulations. Their testimony
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`may be based in part on testing they performed or reviewed for motors, arc boxes/arc chutes and/or
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`wire and cable.
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`6.
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`John G. Weg, M.D.
`Pulmonary and Critical Care Medicine Division/B1 RM, H235B/0024
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`{J2797298.1}
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`GD 18-014836
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`University of Michigan Medical Center
`Ann Arbor, MI 48106
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`W. Keith C. Morgan, M.D.
`University of West Ontario
`University Hospital
`London, Ontario, Canada
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`David E. Conwill, M.D.
`MPH, Associate Professor of Preventive Medicine
`University of Mississippi School of Medicine
`Jackson, MS 39216
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`Joseph M. Miller, M.D.
`FRD 2, Box 245A
`New Hebron Road
`Plymouth, NH 03264
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`The doctors identified above may be called to testify about the history of epidemiologic,
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`medical and other scientific knowledge concerning risks associated with asbestos-containing
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`products, other occupational dusts and other exposures associated with relevant trades and
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`occupations, including populations at risk, institution of and compliance with safe job practices,
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`and knowledge concerning those risks and practices. They may discuss the texts and other
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`literature addressing those subjects.
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`7.
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`J. LeRoy Balzer, Ph.D.
`1052 Wickham Drive
`Moraga, CA 94556
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`Dr. Balzer may testify generally as to the industrial hygiene state-of-the-art. He may also
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`testify to the dust levels produced by particular insulation operations and products, including
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`application and removal of pipe and block insulation. He may also address insulator union
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`knowledge of asbestos hazards, the historical development of the use of respirators in association
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`with the use of asbestos-containing materials, and the agreement of historical Westinghouse
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`documents with standard industrial hygiene practices of the time.
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`{J2797298.1}
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`8.
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`
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`Dennis Ertel, CIH, CSP, REM
`DCE Health and Safety, Inc.
`46530 Cedarhurst Drive
`Sterling, VA 20165
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`Mr. Ertel may testify about the Westinghouse health and safety program as it pertained to
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`protecting its employees from the potential hazards of working with or around asbestos in the
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`workplace. He may testify about the scientific state of the art of knowledge of asbestos. He may
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`testify about whether Westinghouse’s actions were consistent with what a reasonably prudent
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`company would have been expected to do based upon the information available at the time. He
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`may testify about his knowledge of the function, composition and asbestos content of
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`Westinghouse electrical equipment including motors, panel boards, arc boxes and arc chutes. He
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`may also testify about asbestos-insulated wire and cable manufactured by other entities. He may
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`also testify as to whether these products were capable of emitting respirable asbestos fibers of the
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`type, size or quantity which could have substantially contributed to plaintiff’s alleged disease
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`process. He may testify about government standards and regulations. His testimony may be based
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`in part on testing they performed or reviewed for motors, arc boxes/arc chutes and/or wire and
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`cable. He may also testify about exposures associated with other types of asbestos containing
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`products or equipment, including turbines and potential asbestos containing components
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`associated with turbines. He may testify about the concept of dose, and intensity, duration and
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`proximity of exposures. He may testify about various industrial hygiene principles and concepts,
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`including exposures or air concentrations at distances from the source of an exposure
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`IV.
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`Exhibits
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`1.
`Pictures, slides or samples of the Westinghouse products and associated products
`alleged to be at issue.
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`2.
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`Photographs, video tapes or drawing of plaintiff’s work place.
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`{J2797298.1}
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`18
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`GD 18-014836
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`3.
`Demonstrative exhibits, drawings or exemplars, of the product or products at issue,
`including asbestos-insulated wire, motors, motor brakes, switchgear, turbines and arc suppressors.
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`4.
`Slides or charts accompanying the testimony of Westinghouse’s expert witnesses,
`including Sheldon Rabinovitz, CIH, Vittorio Argento, P.E. and Robert N. Sawyer, M.D., regarding
`health facts, epidemiology, anatomy, general medical aspects of asbestos exposure, dose-response
`relationships, and surveys and information on asbestos bearing materials.
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`5.
`All interrogatory answers and responses to request for production of documents
`submitted by any of the parties to this case.
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`6.
`in these cases.
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`Curriculum vitae and expert reports of Westinghouse’s expert witnesses testifying
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`7.
`Government and industry regulations pertaining to asbestos exposure in the work
`place, and government mandated warnings for asbestos-containing products.
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`8.
`Slides or charts accompanying testimony of John E. Craighead, M.D., Gregory J.
`Fino, M.D., I.A. Feingold, M.D. regarding health facts, epidemiology, anatomy, general medical
`aspects of asbestos exposure, dose-response relationships and surveys.
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`9.
`Any articles, text books, treatises or similar compilations relied upon by expert
`witnesses testifying on behalf of Westinghouse.
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`10.
`Asbestos content analysis report from Quality Analytical Services, Inc. dated 4-2-
`86 (asbestos insulated wire), 10-4-85 (asbestos insulated wire).
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`11.
`Asbestos fiber field sample data sheet from ELB/Monitor, Inc. dated 4-2-86
`(asbestos insulated wire), 10-3-85 (asbestos insulated wire).
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`12.
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`Asbestos fiber field sample data sheet from RJ Lee dated 4-2-93 (arc suppressors).
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`13.
`Plaintiff’s complaint, and any amended complaints and any discovery responses or
`materials or deposition transcripts or affidavits of plaintiff or plaintiff’s co-workers.
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`14.
`Photographs or video tapes of testing performed on asbestos-insulated wire or cable
`or other products.
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`15.
`Results of product testing performed on wire, arc suppressors or other products at
`issue, including those discussed by experts, Sheldon Rabinovitz, Robert Sawyer or Vittorio
`Argento.
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`16.
`Any exhibit identified by any other party, whether present at trial or not, or
`identified in the present or other litigation.
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`17.
`in this action.
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`{J2797298.1}
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`Any exhibit or document identified at a pretrial deposition or otherwise in discovery
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`GD 18-014836
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`18. Medical exhibits, text books and other learned treatises for the purpose of cross-
`examination of other parties’ witnesses.
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`19.
`Answers to interrogatories, responses to request for admission, deposition
`testimony or other discovery material from any party in this and any other asbestos-related
`litigation for all purposes, including, but not limited to, supporting Westinghouse cross-claims for
`contribution and indemnity.
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`20.
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`Demonstrative charts illustrating plaintiff’s work and occupational history.
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`21.
`Photographs, maps or other reproductions of the worksites at issue and the various
`equipment and landmarks located thereon.
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`22.
`Plaintiff’s medical records and employment records, x-rays, diagnostic test results
`and other studies.
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`23. Manville Trust Claim Form and related documents.
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`V.
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`Expert Reports
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`To date, plaintiffs have failed to identify any Westinghouse product as one causing them
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`any injury. A list of expert reports, copies of which have been previously supplied to plaintiff’s
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`counsel, appears below. Additional expert reports authored by experts listed in this pretrial
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`disclosure may be identified and provided to plaintiff’s counsel when received.
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`1.
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`Reports of testing by V. Argento, PhD dated 1/1/92, 9/90 (asbestos insulated wire);
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`2.
`Reports of testing by Sheldon Rabinovitz, PhD dated, 3/94 (arc suppressors), 11/93
`(arc suppressors), 8-9/85 (crane brakes), 9/90 (crane brakes);
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`3.
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`Reports of Maxim Engineers, Inc., 12/3/90 (asbestos insulated wire);
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`4.
`Report of Clayton Environmental Consultants, Inc., dated 1/31/94 (asbestos
`insulated wire);
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`5.
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`6.
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`7.
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`8.
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`9.
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`Report of John Craighead, dated 3/15/95 (asbestos insulated wire);
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`Report of T. Stobbe, PhD, dated 9/2/97 (asbestos insulated wire);
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`Report of J. Olashuk, dated 5/2/96 (asbestos insulated wire);
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`Report of I. A. Feingold, M.D., dated 9/30/96 (asbestos insulated wire);
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`Report of L. R. Liukonen, CIH, dated 5/5/98 (Chico-X);
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`10.
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`Report of Gregory J. Fino, M.D., dated 3/7/97 (asbestos insulated wire).
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`{J2797298.1}
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`GD 18-014836
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`VI. Motions in Limine
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`All motions in limine have been or are being filed with the Court.
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`VII. Legal Issues
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`(a) Whether plaintiff’s lung cancer is related to exposure to asbestos from a product
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`manufactured or supplied by Westinghouse?
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`See Samarin v. GAF Corp., 571 A.2d 398, 408 (1990); Eckenrod v. GAF Corp., et al., 375
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`Pa. Super. 187, 544 A.2d 50, 52 (1988); Bushless v. GAF Corp., 401 Pa. Super. 339, 585 A.2d
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`496, 501 (1990); Gutteridge v. A.P.Green Services, Inc., 804 A.2d 643 (Pa Super 2002); Andaloro
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`v. Armstrong World Industries, Inc. 799 A.2d 71 (Pa Super 2002); Wilson v. A.P.Green Industries,
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`Inc., 807 A.2d 922, 924-926 (Pa Super 2002).
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`(b) Whether Plaintiff’s expert testimony on causation satisfies the standards enunciated
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`by the Pennsylvania Supreme Court in Betz v. Penuemo Abex, LLC, 44 A.3d 27, 56 (Pa. 2012) and
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`Howard v. A.W. Chesterton Co., 78 A.3d 605 (Pa. 2012)?
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`(c) Whether Westinghouse manufactured of supplied a defective product within the
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`meaning of the opinion of the Pennsylvania Supreme Court in Tincher v. Omega Flex, Inc., 104
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`A.3d 328 (Pa. 2014)?
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`VIII. Settlement Status and Evaluation
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`Counsel for plaintiff and counsel for Westinghouse are presently involved in good faith
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`settlement negotiations. Westinghouse’s evaluation of the case is based, in part, on the
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`statements of lack of causation expressed by its experts in the reports.
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`RESERVATIONS
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`1.
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`Westinghouse reserves the right to call as a witness any fact or expert witness
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`disclosed by any other party.
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`{J2797298.1}
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`GD 18-014836
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`2.
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`Westinghouse reserves the right to call additional witnesses, fact and expert, for
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`rebuttal or impeachment purposes as made necessary at the time of trial.
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`3.
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`Westinghouse reserves the right to supplement the above listing at any time before
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`trial with prior testimony of any of the above experts or with written reports as the same become
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`available in accordance with the pretrial orders of this Court.
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`4.
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`Discovery is ongoing under the orders of this Court and Westinghouse reserves the
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`right to supplement this witness list with additional witnesses, fact or expert, as they are
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`discovered or their testimony becomes relevant to the within action.
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`Dated: February 16, 2021
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`Respectfully submitted,
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`/s/Gretchen N. Panchik
`Eric L. Horne
`PA. ID No. 36496
`Daniel J. Sinclair
`PA. ID No. 70213
`Gretchen N. Panchik
`PA. ID No. 324111
`Eckert Seamans Cherin & Mellott, LLC
`600 Grant Street, 44th Floor
`Pittsburgh, PA 15219
`(412) 566-6000
`
`f/k/a CBS
`Inc.,
`for ViacomCBS
`Counsel
`Corporation, a Delaware corporation, f/k/a Viacom
`Inc., successor by merger to CBS Corporation, a
`Pennsylvania corporation,
`f/k/a Westinghouse
`Electric Corporation, Defendant
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`{J2797298.1}
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the foregoing PRETRIAL
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`STATEMENT was served upon counsel for Plaintiff on this 16th day of February, 2021, via email
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`upon the following:
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`Holly L. Deihl, Esquire
`Kapusta Deihl & Schweers, LLC
`445 Fort Pitt Blvd., Suite 500
`Pittsburgh, PA 15219
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`All other counsel of record have been alerted to this filing and copies are available to them
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`upon request.
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`/s/Gretchen N. Panchik
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`{J2797298.1}
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