IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
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`LINDA BRINKER,
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`CIVIL DIVISION - ASBESTOS
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`vs.
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`Plaintiff,
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`AIR & LIQUID SYSTEMS
`CORPORATION, et al,
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`Defendants.
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`No. GD 20-010749
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`DEFENDANT’S FACT WITNESS LIST
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`Filed on behalf of Defendant,
`A.R. WILFLEY & SONS, INC.
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`Counsel of Record for this Party:
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`Kimberly A. Martin-O’Bryan, Esquire
`PA ID # 324976
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`DeHay & Elliston, LLP
`5 Greenbrier Street
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`Charleston, WV 25311
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`(304) 539-5824 Telephone
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`(304) 782-0277 Facsimile
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`arwpa@dehay.com
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`JURY TRIAL DEMANDED
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`LINDA BRINKER,
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`CIVIL DIVISION - ASBESTOS
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`vs.
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`Plaintiff,
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`AIR & LIQUID SYSTEMS
`CORPORATION, et al,
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`Defendants.
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`No. GD 20-010749
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`DEFENDANT’S FACT WITNESS LIST
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`
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`Filed on behalf of Defendant,
`A.R. WILFLEY & SONS, INC.
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`Counsel of Record for this Party:
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`Kimberly A. Martin-O’Bryan, Esquire
`PA ID # 324976
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`
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`DeHay & Elliston, LLP
`5 Greenbrier Street
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`Charleston, WV 25311
`
`(304) 539-5824 Telephone
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`(304) 782-0277 Facsimile
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`arwpa@dehay.com
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`JURY TRIAL DEMANDED
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`
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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
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`
`LINDA BRINKER,
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` Plaintiff,
`vs.
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`AIR & LIQUID SYSTEMS
`CORPORATION, et al.,
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`
`
`
`) CIVIL DIVISION - ASBESTOS
`)
`)
`) No. GD 20-010749
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`)
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`DEFENDANT A.R. WILFLEY & SONS, INC.’S FACT WITNESS LIST
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`Defendants.
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`COMES NOW Defendant A.R. Wilfley & Sons, Inc., by and through the undersigned
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`counsel, and submits the following disclosure of Fact Witnesses that may be called to testify at the
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`trial of this action.
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`INTRODUCTION
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`A.R. Wilfley & Sons, Inc. objects to the Court’s requirement that it file a Fact Witness List
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`to the extent that Plaintiff has not identified or, in the alternative, have not identified with
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`particularity, the alleged A.R. Wilfley & Sons, Inc. supplied asbestos-containing product(s) and/or
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`material(s) to which Plaintiff was allegedly exposed.
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`Without waiving said objection, A.R. Wilfley & Sons, Inc. reserves the right to seasonably
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`supplement the following list of witness designations as discovery progresses in these cases, and to
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`utilize additional witnesses in rebuttal to evidence offered by the Plaintiff at trial.
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`A.R. Wilfley & Sons, Inc. also adopts and reserves the right to call any witness, use any
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`deposition transcript, or utilize any exhibit designated or listed by any other party to this action,
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`whether Plaintiff or Defendant. A.R. Wilfley & Sons, Inc. adopts and reserves the right to call any
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`and all witnesses listed by any other party to this action, whether Plaintiff or Defendant.
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`A.R. Wilfley & Sons, Inc. reserves the right to amend this disclosure after determining the
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`opinions of the Plaintiff’s expert witnesses and after Plaintiff specifically identifies the products
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`and times at which Plaintiff was exposed to said products.
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`Defendant, A.R. Wilfley & Sons, Inc., further reserves the right:
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`a)
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`To call as a fact witness any person identified in Answers to Interrogatories filed by
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`any party to any case included in this trial group, and to call any witness whose deposition testimony
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`was taken in preparation for this trial group;
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`b)
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`To adopt the testimony of any fact or expert witness identified by any other
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`Defendant in this trial group, to the extent such testimony in not inconsistent with the defenses
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`asserted by A.R. Wilfley & Sons, Inc.;
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`c)
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`To cross-examine any fact or expert witness disclosed by any Plaintiff in this trial
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`group;
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`d)
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`To call any witness disclosed by any party in this trial group, either live or by
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`deposition or by previous trial testimony, who may be called to testify for the purpose of
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`impeachment, rebuttal, or any other purpose allowed by law;
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`e)
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`To supplement and amend A.R. Wilfley & Sons, Inc.’s list of fact witnesses up to
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`and including the time of trial;
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`f)
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`To call or cross-examine any treating physician, attending physician, screening
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`physician, and pathologist of any Plaintiff in this trial group;
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`g)
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`To call any family member, friend, or other witness disclosed by any Plaintiff in this
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`trial group, or otherwise revealed in discovery related to this trial group; and,
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`h)
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`To call any co-worker or other employee of any employer of any Plaintiff in this
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`trial group, as disclosed by any Plaintiff or Defendant, or as otherwise may be disclosed in trial
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`preparation and discovery.
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`3
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`FACT WITNESS LIST
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`1.
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`Link Wilfley, President
`A.R. Wilfley & Sons, Inc.
`7350 East Progress Place, Suite 200
`Englewood, Colorado 80111-2130
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`Mr. Wilfley may offer testimony regarding the product line and history of A.R. Wilfley &
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`Sons, Inc.
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`2.
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`Michael Wilfley, Chief Executive Officer and Chairman of the Board
`A.R. Wilfley & Sons, Inc.
`7350 East Progress Place, Suite 200
`Englewood, Colorado 80111-2130
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`Mr. Wilfley may offer testimony regarding the product line and history of A.R. Wilfley &
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`Sons, Inc.
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`3.
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`Troy Zellers, Consultant
`A.R. Wilfley & Sons, Inc.
`7350 East Progress Place, Suite 200
`Englewood, Colorado 80111-2130
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`Mr. Zellers may offer testimony regarding the product line and history of A.R. Wilfley &
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`Sons, Inc. as he was formerly Director of Business Development and Director of Engineering.
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`Tony Watson, MSPH, CIH, CSP
` 4.
` Workplace Hygiene, Inc.
` 420-B Gallimore Dairy Road
` Greensboro, NC 27409
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`Mr. Watson is a Certified Industrial Hygienist and a Certified Safety Professional, and is
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`expected to testify regarding A.R. Wilfley & Sons pumps. He may provide both fact and expert
`opinion testimony based upon his education, experience and professional training, his review of
`relevant medical, epidemiological, scientific and technical literature, and his review and analysis
`of case specific materials provided to him concerning this matter.
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`5.
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`Bobby J. Hobbs, Director of Engineering
`Heavy Duty Centrifugal Pumps
`5870 E. 56th Avenue
`Commerce City, CO 80022
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`Mr. Hobbs may offer testimony regarding the product line of A.R. Wilfley & Sons, Inc.
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`6.
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`7.
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`Any and all parties to this litigation.
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`Representatives and/or records custodians of all co-defendants.
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`8.
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`Any and all persons named in any discovery filed or in any depositions taken in this
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`lawsuit or any other asbestos lawsuit in Allegheny County or any other county in Pennsylvania.
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` 9.
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`Any and all persons named in any witness disclosure filed by any and all parties
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`named in this lawsuit.
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` 10. All witnesses deposed, or to be deposed, by any party in this action, even if the
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`Plaintiff or Defendant deposing the witness are no longer a party to these lawsuits at the time of
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`trial.
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`11.
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`12.
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`Any and all witnesses deposed in any Pennsylvania asbestos litigation.
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`Custodian of records/Representative for each and every physician, hospital and
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`healthcare provider for Plaintiff(s).
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`13.
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`Custodian of records/Representative for the National Personnel Records Center,
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`military personnel records, for Plaintiff(s).
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`14.
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`Custodian of records/Representative of the Internal Revenue Service for Plaintiff’s
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`records.
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`15.
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`Custodian of records/Representative of the Social Security Administration for
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`Plaintiff(s).
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`16.
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`Custodian of records/Representative of any accident, health, life and/or disability
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`carrier for Plaintiff(s).
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`17.
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`Custodian of records/Representative of Workers’ Compensation Fund in the State
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`of Pennsylvania or any other state for Plaintiff(s).
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`18.
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`Any family members, friends, relatives, or acquaintances of named Plaintiff or other
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`Plaintiff in Pennsylvania Asbestos Litigation.
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`19.
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`Any and all personnel referenced in Plaintiff’s work records, including, but not
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`limited to, co-workers, foremen, and supervisors.
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`20.
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`21.
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`22.
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`Representatives and/or records custodians of Plaintiff’s employers.
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`Representatives and/or records custodians of Plaintiff’s union records.
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`Representatives and/or records custodians of facilities where Plaintiff claim
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`exposure to asbestos through A.R. Wilfley & Sons, Inc. supplied products.
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`23.
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`A.R. Wilfley & Sons, Inc. representatives or employees or agents knowledgeable
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`about the products at issue at various locations of exposure.
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`24.
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`Any A.R. Wilfley & Sons, Inc. representatives or employees or agents whose
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`depositions, or parts thereof, are read into evidence.
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`25.
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`One or more present or past A.R. Wilfley & Sons, Inc. employees who may be called
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`to testify as a corporate fact witness on behalf of A.R. Wilfley & Sons, Inc. regarding A.R. Wilfley
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`& Sons, Inc.’s corporate history and operations.
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`26.
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`Any witnesses necessary to provide foundation for and/or to authenticate any and
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`all exhibits at the time of trial.
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`27.
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`Any and all witnesses necessary to meet issues raised by Plaintiff at trial or for
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`impeachment or rebuttal.
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`28.
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`A.R. Wilfley & Sons, Inc. reserves the right to call as witnesses any individuals
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`named in other pretrial listings filed in this action, in discovery, and in pleadings filed in this matter.
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`29. Custodians of records from any and all of Plaintiff’s job sites/premises and of their
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`owners.
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`30.
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`31.
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`Industrial hygienists and safety engineers from any of Plaintiff’s employers.
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`A.R. Wilfley & Sons, Inc. reserves the right to amend and/or supplement this
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`disclosure in pertinent places, pending receipt of adequate product identification and medical
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`information from Plaintiff up to and through the conclusion of trial.
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`A.R. Wilfley & Sons, Inc. hereby reserves the right to supplement this list, when and if
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`additional witnesses become known to Defendant prior to trial.
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`A.R. Wilfley & Sons, Inc. also hereby reserves the right to substitute any witness in the
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`event that any witness named herein is unable to appear at trial.
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`A.R. Wilfley & Sons, Inc. further reserves the right to offer any witness for rebuttal or
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`impeachment.
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`A.R. Wilfley & Sons, Inc. objects to the use of any deposition testimony against it where it
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`did not have proper notice and a motive and opportunity to cross-examine the witness. If, however,
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`the Court were to permit all or a portion of those depositions to be introduced at trial, Defendant
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`reserves the right to introduce any other portion of these or any other deposition in rebuttal.
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`Respectfully submitted,
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`DEHAY & ELLISTON, LLP
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`/s/ Kimberly A. Martin-O’Bryan
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`Kimberly A. Martin-O’Bryan, Esquire
`PA ID # 324976
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`5 Greenbrier Street
`Charleston, WV 25311
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`(304) 539-5824 Telephone
`(304) 782-0277 Facsimile
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` Attorneys for Defendant,
`A.R. Wilfley & Sons, Inc.
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of DEFENDANT A.R. WILFLEY & SONS,
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`INC.’S FACT WITNESS LIST has been served upon Plaintiff’s counsel via electronic mail and
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`notice of the filing of same was served upon all other known counsel of record via electronic mail
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`on this 16th day of March, 2021.
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`DEHAY & ELLISTON, LLP
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`/s/ Kimberly A. Martin-O’Bryan
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`Kimberly A. Martin-O’Bryan, Esquire
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`Attorneys for Defendant,
`A.R. Wilfley & Sons, Inc.
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