`
`
`
`Plaintiff,
`
` CIVIL DIVISION
`
`No. GD 22-000536
`
`
`
`
`DEFENDANT GENERAL ELECTRIC
`COMPANY’S PRE-TRIAL STATEMENT
`
`
`Filed on behalf of Defendant:
`General Electric Company
`
`Counsel of Record for this Party:
`Bryan S. Neft, Esquire
`Pa. I.D. # 60007
`
`SPILMAN THOMAS & BATTLE, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`(412) 325-3301
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`
`MARILYN J. DUNCAN, Executrix of the
`Estate of WARD H. DUNCAN, Deceased, and
`MARILYN J. DUNCAN, in her own right,
`
`
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`
` Defendants.
`
`
`
`
`
`
`
`
`

`

`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`
`)
`MARILYN J. DUNCAN, Executrix of the
`)
`Estate of WARD H. DUNCAN, Deceased, and
`)
`MARILYN J. DUNCAN, in her own right,
`)
`
`)
`
`)
`
`)
`vs.
`)
`
`)
`A.O. SMITH CORPORATION, et al.,
`)
`
`)
` Defendants.
`
`DEFENDANT GENERAL ELECTRIC COMPANY’S PRE-TRIAL STATEMENT
`
`Plaintiff,
`
`CIVIL DIVISION
`
`No. GD 22-000536
`
`
`
`
`
`
`
`
`
`Defendant General Electric Company (“GE”), by and through its counsel, Bryan S. Neft,
`
`Esquire, and Spilman Thomas & Battle, PLLC, hereby submits its pretrial statement, pursuant to
`
`Pa.R.Civ.P. 212.2 and Local Rule L 212.2.
`
`I.
`
`Voir Dire Statement
`
`The Estate of Ward H. Duncan has sued a number of companies claiming that they caused
`
`Mr. Duncan to contract an asbestos-related disease. General Electric is one of those companies. I
`
`(We) have the privilege of representing General Electric Company, also known as “GE,” one of
`
`the defendants in this action. GE has a long and storied history that dates back to Thomas Edison
`
`himself. GE has been at the forefront of industry and industrial innovation in the world throughout
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`its history. In this trial, you will be asked to render a verdict, not based on sympathy for the injuries
`
`of Mr. Duncan, but upon whether there is evidence that those injuries were caused from exposure
`
`to asbestos from any product manufactured or supplied by GE or by the conduct of GE’s
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`employees. You must not, as Plaintiff may suggest, lump all defendants together, but must consider
`
`the evidence separately as to each defendant. You must first determine whether there is sufficient
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`evidence that Mr. Duncan worked with or around any GE product or that the conduct of a GE
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`-2-
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`employee exposed him to asbestos, and then you must determine whether such products contained
`
`asbestos and, if so, then you must determine whether Mr. Duncan received asbestos exposure from
`
`those products or from the conduct of a GE employee sufficient to have caused his disease. We
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`expect the evidence will not establish that Mr. Duncan was exposed to asbestos from any GE
`
`product or the dust from any GE product, or from the conduct of any GE employee. If Mr. Duncan
`
`worked with or around any GE products, such products were safe and were not the cause of his
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`disease.
`
`II.
`
`Proposed Additional Voir Dire Questions
`
`1.
`
`Do you have any experiences with yourself, family, or friends involving asbestos,
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`or suffering from, or caring for those with cancer or other serious illnesses that would make it
`
`difficult for you to set aside your feelings and be fair and unbiased towards the defendants in this
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`case?
`
`2.
`
`Do you have any personal experiences, beliefs, or opinions about large
`
`corporations, or General Electric Company specifically, that would make it difficult for you to be
`
`fair and unbiased toward a corporation defendant like GE, in a case brought by the estate of
`
`someone who died from mesothelioma, like Mr. Duncan?
`
`3.
`
`Do you have experience or knowledge regarding the function, conditions, work and
`
`safety practices, or equipment (like pumps, valves, boilers, turbines, or electrical components) at
`
`large industrial facilities like a power plant, factory, or mill?
`
`4.
`
`Are you or any members of your family, or have you or any members of your family
`
`been, a member of a labor or trade union? If so, please identify the union(s) and the relationship
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`with the union(s).
`
`
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`-3-
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`5.
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`Will you find it difficult to take evidence of events and conduct that go back to the
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`1960s and 1970s and look at it based on what was known about science, medicine, industry, and
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`products and product safety at the time, and not based on the standards of today?
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`III. Narrative Statement
`
`In this action, Plaintiff alleges that decedent, Ward H. Duncan, contracted an asbestos-
`
`related disease, mesothelioma, resulting in his death, as a result of exposure to allegedly asbestos-
`
`containing products manufactured or supplied by various defendants, including GE.
`
`Mr. Duncan’s exposure to asbestos is alleged to have occurred during his employment with
`
`Westinghouse in Madison, PA from 1972 to 1986 as a maintenance mechanic, service technician
`
`and engineer; Quardrex in Pittsburgh, PA and at various nuclear power stations from 1986 to 1987
`
`as a senior service engineer.
`
`Mr. Duncan never worked with GE electrical products or turbines. He claimed to be around
`
`when others were working on those products. Nonetheless, the evidence will show that work on
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`electrical products did not expose Mr. Duncan to asbestos. Moreover, Mr. Duncan’s work around
`
`turbines consisted of removal of a turbine shell, a process during which he was instructed to stand
`
`a safe distance away. There is no evidence that Mr. Duncan was exposed to asbestos from any
`
`component of a turbine or from the conduct of any GE employee who may have been present when
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`turbines were worked on. With regard to turbines, the statute of repose for improvements to real
`
`property bars the plaintiff’s claims as the turbines were constructed well over twelve years prior
`
`to the commencement of this lawsuit, and the turbine constitutes an improvement to real property
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`that GE designed.
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`At trial, GE intends to defend by showing that Mr. Duncan’s disease was caused, if at all,
`
`by products manufactured by entities other than GE. GE will also defend on the premise that even
`
`
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`-4-
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`

`

`
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`if a warning had been present on any GE equipment in Mr. Duncan’s proximity, he would not have
`
`heeded a warning.
`
`
`
`IV. Damages
`
`GE reserves its right to require strict proof of all damages alleged by Plaintiff, as set forth
`
`in Plaintiff’s pre-trial statement.
`
`GE objects to any evidence or argument at trial concerning any item of damages not
`
`specifically identified in Plaintiff’s pretrial statement.
`
`GE denies that there is any factual or legal basis for the imposition of punitive damages
`
`against GE.
`
`V. Witnesses
`
`GE has filed, or is filing contemporaneously with this pretrial statement, its Fact Witness
`
`Disclosure, a copy of which is attached hereto as Exhibit A, and which is hereby incorporated by
`
`reference.
`
`VI.
`
`Exhibits
`
`GE incorporates by reference its exhibit list, attached hereto as Exhibit B.
`
`In addition, GE reserves the right to introduce, as exhibits, all or any part of any pleadings,
`
`discovery responses, or other written filings or submissions, including, without limitation,
`
`Plaintiff’s responses to motions for summary judgment, filed or served in this action by any party
`
`hereto.
`
`
`
`
`
`VII. Expert Reports
`
`GE reserves the right to call the following experts at trial:
`
`1.
`
`2.
`
`Thomas P. Howard, M.D., report attached hereto as Exhibit “C”
`
`Dennis C. Ertel, Jr., CIH, CSP, REM, to be supplemented
`
`-5-
`
`

`

`
`
`3.
`
`Defense Medical Experts. GE incorporates by reference reports submitted by
`
`other defendants in this action.
`
`VIII. Reservations
`
`1.
`
`GE reserves the right to amend and/or supplement this pretrial statement, up to the
`
`time of trial.
`
`2.
`
`GE reserves the right to call as witnesses individuals named in other pretrial
`
`statements or fact witness disclosures, in discovery, and in motions and pleadings filed in this
`
`matter and/or in related asbestos litigation.
`
`3.
`
`GE reserves the right to introduce exhibits identified in the pretrial statements or
`
`exhibit lists filed by any other party to this action.
`
`4.
`
`GE reserves the right to call as witnesses, expert or otherwise, impeachment and
`
`rebuttal witnesses who need not be listed at this time.
`
`5.
`
`GE specifically reserves the right to list and/or use additional witnesses and exhibits
`
`if and when Plaintiff identifies the exhibits/witnesses that will be offered against similar defendants
`
`in general and GE, in particular.
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`Respectfully submitted,
`
`SPILMAN THOMAS & BATTLE, PLLC
`
`
`
`
`
`By: Bryan S. Neft/tlc
`
`
`Bryan S. Neft, Esquire
`
`Pa. I.D. # 60007
`
`One Oxford Centre, Suite 3440
`
`Pittsburgh, PA 15219
`
`(412) 325-3301
`
`Attorneys for Defendant,
`
`General Electric Company
`
`-6-
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`EXHIBIT "A"
`EXHIBIT "A"
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`
`MARILYN J. DUNCAN, Executrix of the
`Estate of WARD H. DUNCAN, Deceased,
`and MARILYN J. DUNCAN, in her own
`right,
`
`
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`
` Defendants.
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
` CIVIL DIVISION
`
`No. GD 22-000536
`
`CO-WORKER AND FACT WITNESS
`DISCLOSURE OF GENERAL ELECTRIC
`COMPANY
`
`
`Filed on behalf of Defendant:
`General Electric Company
`
`Counsel of Record for these Parties:
`Bryan S. Neft, Esquire
`Pa. I.D. # 60007
`
`SPILMAN THOMAS & BATTLE, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`(412) 325-3301
`
`
`
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`
`MARILYN J. DUNCAN, Executrix of the
`Estate of WARD H. DUNCAN, Deceased,
`and MARILYN J. DUNCAN, in her own
`right,
`
`
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`
` Defendants.
`
`
`
`
`
`
`Plaintiff,
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`CIVIL DIVISION
`
`No. GD 22-000536
`
`
`
`
`CO-WORKER AND FACT WITNESS DISCLOSURE
`OF GENERAL ELECTRIC COMPANY
`
`AND NOW, comes the Defendant, General Electric Company (hereinafter “GE”), by and
`
`through its counsel, Spilman Thomas & Battle, PLLC, and files the within Co-worker and Fact
`
`Witness Disclosure as follows:
`
`CO-WORKER AND FACT WITNESS DISCLOSURE
`
`GE may call any of the following witnesses at time of trial:
`
`1.
`
`The plaintiff, Marilyn J. Duncan, as identified in the Complaint, and any
`
`amendment thereto.
`
`
`
`2.
`
`All of plaintiff decedent's family members as identified in answers to
`
`interrogatories, depositions, pleadings and other discovery responses filed by plaintiff(s), or
`
`otherwise identified, including but not limited to:
`
`
`
`
`
`a.
`
`
`
`Anthony Duncan (son)
`14 Adrian Dr.
`Greensburg, PA 15601
`
`

`

`
`
`
`
`
`
`
`
`3.
`
`b.
`
`
`
`Amy Duncan (daughter)
`2635 East Carson Street, Apt. 326
`Pittsburgh, PA 15203
`
`Emily Myers (sister)
`c.
`(Address presently unknown - not provided by Plaintiff.)
`
`
`
`
`
`
`
`
`
`All co-workers of plaintiff decedent identified in the answers to interrogatories,
`
`any motion for summary judgment and response to same, witness lists, depositions, pretrial
`
`statements, pleadings and discovery responses filed in connection with this action.
`
`
`
`GE objects to the use of any deposition transcript for which it did not have the
`
`opportunity to question the witness.
`
`
`Custodian of records/corporate representative of all employers and all property
`
`4.
`
`owners of sites on which plaintiff decedent worked and/or lived in plaintiff's pleadings, answers
`
`to interrogatories, any motion for summary judgment and response to same, depositions and
`
`subsequent pleadings and discovery filed in this action including those employers and property
`
`owners identified in paragraph 182 of the Complaint and Answer to Interrogatory No. 24.
`
`
`
`5.
`
`
`
`
`
`Any of the custodians of records/representatives of the following:
`
`a.
`
`b.
`
`Custodian of records/corporate representative
`Internal Revenue Service
`11601 Roosevelt Boulevard DP 2815
`Philadelphia, PA 19255
`Custodian of records/corporate representative
`Pennsylvania Department of Revenue
`Office of Chief Counsel
`Dept. 281061
`Harrisburg, PA 17128
`
`-3-
`
`

`

`c.
`
`d.
`
`e.
`
`
`
`Custodian of records/corporate representative
`Social Security Administration
`6401 Security Boulevard
`Baltimore, MD 21235-00001
`Custodian of records/corporate representative
`Pennsylvania Bureau of Workers’ Compensation
`1171 S. Cameron Street, Room 324
`Harrisburg, PA 17104-2501
`
`Custodian of records/corporate representative
`Pension Benefit Awards Corp.
`
`
`
`6.
`
`Any treating physicians and/or other health care provider, and any custodian of
`
`records/representative of any such physician or provider, who examined, reported on, and/or
`
`treated plaintiff decedent as identified in any medical records, pretrial statement, discovery
`
`responses, and in any depositions taken or to be taken in this lawsuit and/or related lawsuits, if
`
`any, brought by or on behalf of plaintiff, including but not limited to:
`
`a.
`
`
`b.
`
`
`
`c.
`
`
`
`d.
`
`
`
`e.
`
`
`
`f.
`
`
`
`VA Hospital
`Oakland, PA
`
`UPMC Shadyside
`5230 Centre Avenue
`Pittsburgh, PA 15232
`
`Excela Health Westmoreland Hospital
`532 W. Pittsburgh Street
`Greensburg, PA 15601
`
`UPMC Magee Women's Hospital
`300 Halket Street
`Pittsburgh, PA 15213
`
`Hillman Cancer Center
`5115 Centre Avenue, 2nd Floor
`Pittsburgh, PA 15232
`
`Lance Brunton, M.D.
`Excela Health
`8775 Norwin Avenue
`
`-4-
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`

`

`
`
`g.
`
`
`
`h.
`
`
`
`
`i.
`
`
`
`
`j.
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`
`
`
`Irwin, PA 15642
`
`UPMC Presbyterian
`200 Lothrop Street
`Pittsburgh, PA 15213
`
`Neil Christie, M.D.
`UPMC Shadyside
`5230 Centre Avenue
`Pittsburgh, PA 15232
`
`Sanja Dacic, M.D., Ph.D.
`UPMC Presbyterian Hospital
`200 Lothrop Street
`Pittsburgh, PA 15213
`
`Aatur D. Singhi, M.D.
`UPMC Presbyterian Hospital
`200 Lothrop Street
`Pittsburgh, PA 15213
`
`
`
`Custodians of records/corporate representatives relating to any military or
`
`
`7.
`
`governmental service of plaintiff decedent including, without limitation, the following:
`
`a.
`
`
`b.
`
`
`c.
`
`d.
`
`
`
`
`
`
`
`Custodian of records/corporate representative of the Department of
`Veterans Affairs – Records Management Center.
`
`Custodian of records/corporate representative of National Archives and
`Records Administration – Old Military and Civil Records.
`
`Custodian of records/corporate representative of National Personnel
`Records Center.
`
`Custodian of records/corporate representative of the
`United States Army
`9700 Page Avenue
`St Louis, MO 63132
`
`8.
`
`Any of the following individuals:
`
`a.
`
`Mary Beth Beasley, M.D.
`Mt. Sinai Medical Center
`
`-5-
`
`

`

`Dept. of Pathology
`Box 1194
`One Gustave L. Levy Place
`New York, NY 10029
`
`Lucian R. Chirieac, M.D.
`Department of Pathology
`Brigham & Womens Hospital
`75 Francis Street
`Boston, MA 02115
`
`Andrew Churg, M.D.
`The University of British Columbia
`2211 Westbrook Hall
`Vancouver, B.C., Canada V6T IW5
`
`Thomas J. Civic, C.I.H., CSP, PE
`1515 S. Krocks Road
`Wescoville, PA 18106
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`
`Mark Cook
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`
`Clancy B. Cornwall
`McCaffery & Associates, Inc.
`7240 Parkway Drive, Suite 360
`Hanover, MD 21076
`
`James D. Crapo, M.D.
`Department of Medicine
`National Jewish and Research Center
`Chief, Division of Critical Case and Pulmonary Medicine
`1400 Jackson Street, K 701 C
`Denver, Colorado 80206
`
`Philip A. Edelman, M.D.
`2150 Pennsylvania Avenue, NW
`Washington DC 20037
`
`Gary R. Epler, M.D., M.P.H.
`
`-6-
`
`b.
`
`
`c.
`
`
`d.
`
`e.
`
`
`f.
`
`
`g.
`
`
`h.
`
`
`i.
`
`

`

`
`j.
`
`k.
`
`l.
`
`
`
`
`m.
`
`
`n.
`
`
`o.
`
`
`
`p.
`
`
`q.
`
`
`
`
`
`
`
`
`
`
`
`Dept. of Critical Care Medicine
`Brigham & Women’s Hospital
`15 Francis Street, PBB Lobby
`Boston, MA 02115
`
`Dennis C. Ertel, Jr., CIH, REM
`DCE Health & Safety, Inc.
`46530 Cedarhurst Drive
`Sterling, VA 20165
`
`Gregory J. Fino, M.D., F.C.C.P.
`1000 Bower Hill Road, Suite 211
`Pittsburgh, PA 15243
`
`Gary Friedman, M.D.
`Texas Occupational Medicine Institute
`11757 Katy Freeway, Suite 1540
`Houston, TX 77079
`
`Andrew J. Ghio, M.D.
`Human Studies Facility
`Environmental Protection Agency
`Campus Box 7315
`104 Mason Farm Road
`Chapel Hill, NC 27599-7315
`
`Michael A. Graham, M.D.
`Division of Forensic and Environmental Pathology
`St. Louis University School of Medicine
`1402 South Grand Boulevard
`St. Louis, MO 63104
`
`Kathryn A. Hale, M.D.
`6550 Fannin, #1225
`Houston, TX 77030
`
`Christopher P. Herfel, MBA
`McCaffery & Associates, Inc.
`#709, 107 S. West Street
`Alexandria, VA 22314
`
`Michael G. Holland, M.D.
`Glen Falls Hospital for Occupational Health
`135 North Road
`Winton, NY 12831
`
`
`-7-
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`

`

`r.
`
`
`s.
`
`
`t.
`
`
`u.
`
`
`v.
`
`w.
`
`x.
`
`y.
`
`
`z.
`
`Thomas P. Howard, M.D.
`785 Indian River Drive
`Melbourne, FL 32935
`
`Dr. Myron Jacobs
`Pulmonary Consultants, Inc.
`11133 Dunn Road, Suite 2335
`St. Louis, MO 63141
`
`Robert Jones, M.D.
`Tulane Medical School
`1430 Tulane Avenue
`New Orleans, LA 70112
`
`Peter J. Julien, M.D.
`Department of Imaging, Room 1205
`Cedars-Sinai
`8700 Beverly Boulevard
`Los Angeles, CA 90048
`
`Peter D. Kaplan, M.D.
`14 Forest Glen Drive
`Pittsburgh, PA 15228
`
`Dr. Alan Clint Legasto
`311 East 38th Street
`Apartment 18E
`New York, NY 10016
`
`William Longo, Ph.D.
`Material Analytical Services, Inc.
`3945 Lakefield Court
`Suwanee, GA
`
`Tim David Oury, M.D.
`University of Pittsburgh
`7th Floor, Scaife Hall
`3550 Terrace Street
`Pittsburgh, PA 15261
`
`Stephen S. Raab, M.D.
`Medicolegal Consultants International, LLC
`c/o Cornerstone CPA Group, P.C.
`4949 S. Syracuse St., Suite 300
`Denver, CO 80237-2714
`
`
`-8-
`
`

`

`aa.
`
`
`bb.
`
`
`cc.
`
`dd.
`
`
`ee.
`
`
`
`ff.
`
`gg.
`
`
`hh.
`
`
`ii.
`
`
`
`
`jj.
`
`
`
`
`
`Victor L. Roggli, M.D.
`Duke University School of Medicine
`Department of Pathology
`Durham, NC 27710
`
`Robert Ross, M.D.
`6550 Fannin, Suite 2403
`Houston, TX 77030
`
`Roland Schwarting, M.D.
`1525 Briar Hill Road
`Gladwyne, PA 19035
`
`Joselyn C. Senter, C.I.H.
`1610 Sagewood Way
`San Marcos, CA 92078
`
`Dr. Lee Sider
`417 Abbey Road
`Mt. Tremper, NY 12457
`
`Dr. Edward Stelow
`Route 1, Box 150A
`Road 610
`New Canton, VA 23123
`
`Paul Stevens, M.D.
`Professor of Medicine
`Baylor College of Medicine
`6550 Fannin St., Suite 1423
`Houston, TX 77030
`
`Gail Stockman, M.D.
`701 East Marshall, Suite 502
`Longview, TX 75601
`
`Lawrence Straight
`Sterling Energy Operations, Inc.
`26893 Calle Hermosa
`Capistrano Beach, CA 92624
`
`Dr. Brian A. Taylor
`St. Luke’s Hospital
`224 South Woods Mill Road
`Suite 435
`South Chesterfield, MO 63107
`
`-9-
`
`

`

`ll.
`
`
`kk. Mark J. Utell, M.D.
`University of Rochester Medical Center
`School of Medicine and Dentistry
`601 Elmwood Avenue, Box 692
`Rochester, NY 14642
`
`Michael J. Warhol, M.D., F.C.A.P.
`Pathology Consulting Network, Inc.
`135 Allgates Drive
`Haverford, PA 19041
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`mm. Charles Weaver, III, Ph.D.
`Department of Psychology and Neuroscience
`Baylor University
`Box 97334
`Waco, TX 76798
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`nn.
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`oo.
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`David Weill, M.D.
`Weill Consulting Group
`8616 Oak Street, Suite 101
`New Orleans, LA 70118
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`Keith Wilson, M.D., M.S.H.A.
`6160 S. Yale Avenue
`Tulsa, OK 74136
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`General Electric objects to listing any fact witnesses concerning its products as to
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`9.
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`date there is no product identification evidence, or insufficient evidence to overcome the
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`Eckenrod standard, implicating General Electric Company in any respect whatsoever. Without
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`waiving this objection, General Electric lists the following representatives/fact and expert
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`witnesses/record custodians for the General Electric Company who may discuss, among other
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`things, the alleged asbestos content, if any, of various products manufactured by the General
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`Electric Company, One River Road, Schenectady, New York 12345. General Electric reserves
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`its rights to supplement this listing at any time prior to trial.
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`a.
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`Robert Alster
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`b.
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`f.
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`i.
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`j.
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`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
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`Stephen E. Auyer
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
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`Arthur J. Howenstein
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Terry Chapman
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Charles M. Criss
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`James Hopkins
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Phil Hopkinson
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Danny A. Jones
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`C. Wesley Jordan
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Walter Konstanty
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
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`l.
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`m.
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`n.
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`p.
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`q.
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`Ronald Bruce Mitchell
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Everett Ratzlaff
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Scott Secor
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Michael H. Solon
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Tom Tarka
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
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`Tom Wilczewski
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
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`Russell Ruhf
`c/o Spilman Thomas & Battle, PLLC
`One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
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`10.
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` General Electric field personnel familiar with General Electric products or
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`equipment allegedly at issue. General Electric reserves the right to identify such personnel at the
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`conclusion of discovery in this case.
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`11.
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`Custodian of records/representative of any entity not named as a party in this case,
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`including, without limitation, bankrupt entities or asbestos trusts against whom claim has been
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`made by or on behalf of plaintiff.
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`12.
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`Custodian of records/representative of:
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`a.
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`b.
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`Manville Personal Injury Settlement Trust
`c/o Claims Resolution Management Corporation
`3110 Fairview Park Drive
`Suite 200
`Falls Church, VA 22042
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`Any entity with whom Plaintiff has made or settled their claims related to
`exposure from asbestos.
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`Custodian of records/representative of any entity which made payment on any
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`13.
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`asbestos-related claim made by or on behalf of plaintiff.
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`14.
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`Custodian of records/representative of any and all co-defendants.
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`15.
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`Any and all persons named in any pretrial statement and any fact and/or co-
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`worker witness disclosure, or any amendment thereto, filed by any party to this action.
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`16.
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`Any and all persons referenced in plaintiff decedent’s medical records.
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`17.
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`Any and all persons referenced in plaintiff decedent’s employment records.
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`18.
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`Any and all other persons named in any discovery filed and in any depositions
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`taken in this lawsuit or any other asbestos lawsuit in Allegheny County, Pennsylvania.
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`RESERVATION OF RIGHTS
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`As investigation and discovery in this matter are ongoing, Defendant General Electric
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`Company reserves the right to supplement this Co-worker and Fact Witness Disclosure up to the
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`time of trial. Defendant also reserves the right to disclose additional expert witnesses and to
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`submit expert reports. GE further reserves the right to call any witness, whether or not named
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`herein, for purposes of rebuttal or impeachment.
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`Doc.#: 14922641
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`Respectfully submitted,
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`SPILMAN THOMAS & BATTLE, PLLC
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`By: /s/ Bryan S. Neft
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`Bryan S. Neft, Esquire
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`Pa. I.D. # 60007
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`One Oxford Centre, Suite 3440
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`Pittsburgh, PA 15219
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`(412) 325-3301
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`Attorney for Defendant,
`General Electric Company
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the foregoing Defendant
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`General Electric Company’s Co-Worker and Fact Witness Disclosure was served upon
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`Plaintiff's counsel by electronic mail, and all other counsel of record were notified of the filing of
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`same by electronic mail, this 30th day of August, 2022:
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`VIA E-MAIL
`Leif J. Ocheltree, Esquire
` Goldberg Persky & White, P.C.
` 11 Stanwix Street, Suite 1800
` Pittsburgh, PA 15222
`Attorneys for Plaintiff
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`SPILMAN THOMAS & BATTLE, PLLC
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`By: /s/ Bryan S. Neft
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`Bryan S. Neft, Esquire
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`Attorneys for Defendant,
`General Electric Company
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`EXHIBIT "B"
`EXHIBIT "B"
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`

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`General Electric Master Exhibit List
`
`Exhibit Description
`
`Comparison of Various Asbestos Exposures
`Selikoff Excerpts
`State of medical Knowledge in the Early 1960s
`Presentation on Navy knowledge regarding the hazards of asbestos.
`Navy SOTA Slides
`Navy SOTA Slides
`Powerhouse Animation
`Aerial view of factory
`Parking lot view
`Exterior factory view
`Interior factory view
`Interior factory view with pipes highlighted
`Interior factory view with structures highlighted
`Interior factory view with turbine highlighted
`Interior factory view with turbine and exhaust highlighted.
`Close-up of turbine
`Aerial view of turbine
`Interior view of whole factory highlighted.
`Typical Destroyer/Escort
`Using Steam to Move Energy
`Ship Power & Propulsion
`Allowable Levels of Exposure under Government Regulations
`Average Urban Asbestos Exposure
`Different Types of Asbestos
`Mesothelioma Deaths by Fiber Type
`Blow up of Military Specification MIL-T-17600D(SHIPS)
`18 March 1968 showing "Thermal insulation and lagging"
`GE Industrial & Power System diagrams
`"GE Mechanical Drive Turbines. The Heart Of Your Operation."
`"GE Reheat Combined-Cycle Steam Turbines. Performance Leader… Faster Start-up."
`GE High Power Density Reheat Steam Turbines. D-Series: Proven 50 And 60 Hz Designs to 300 MW.
`GE High Power Density Electric Utility Steam Turbines. World Leader… Experience, Efficiency And Reliability.
`GE High Power Density Reheat Steam Turbines. G2 Series: Proven 50 and 60 Hz Designs to 750 MW.
`"List of Manufacturers of Asbestos Containing Products and the Dates of Their First Caution Labels"
`"Listing of Products Asbestos Caution Labeled" - Johns Manville, Internal Correspondence, 11-17-1975. To: K.
`Johnson, From: R.J. Rushforth.
`OCF Kaylo Warnings
`Copies of Warning Labels and documents related to the use of Warning Labels from various asbestos manufacturers
`such as Owens-Corning and Johns-Manville.
`OCF Warnings attached as Exhibits to Helser Deposition.
`Deposition of Jerry Lee Helser, July 17, 1991
`Testimony and exhibits by the late Jerry Helser, former employee of Owens Corning, Curtis v A.W. Chesterton, Alameda
`County Superior Court, CA., Case No. RG 09429497, June 23, 2009.
`Owens-Corning Fiberglas Documents and Photographs re: Precautionary Labeling for Asbestos Containing Insulation
`Products
`Owens-Corning Fiberglas Memo from William D. Vandivort, Corporate Packaging and Labeling Supervisor re: New
`Printed Cartons for Kaylo products, dated July 28, 1970
`Owens-Corning Fiberglas Specification Revision for Regular Slotted Printed Cartons and Accessory Materials for
`Shipping Kaylo Pipe Insulation, dated January 19, 1967
`"Recommended Code of Practice: For Handling Asbestos Products Used in Thermal Insulation." From The Asbestosis
`Research Council, 1966.
`"Recommended Health Safety Practices" (For Handling and Applying Thermal Insulation Products Containing Asbestos."
`
`NIMA, Insulation Newsletter, Vol. 3, No. 2, August 1968.
`Letter from the Florida State Board of Health re: Dust Concentrations and solutions to dust "nuisance".
`
`1
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`

`

`General Electric Master Exhibit List
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`Exhibit Description
`"Position Paper on the Health Aspects of Asbestos." From the Advertising and Public Relations Department, Johns-
`Manville Corporation, October 24, 1966.
`Letter from the Canadian Division of the Johns-Manville Corporation re: Addition of labels on bags carrying chrysotile
`asbestos fibre, dated October 1, 1968.
`Letter from the U.S. Mineral Product Company to the Oregon State Board of Health re: The Label warning of danger of
`asbestos on companies products, dated March 13, 1969.
`Letter from the Division of Industial Safety, Department of Industrial Relations, State of California, re: The hazards of
`asbestos, dated February 7, 1967.
`Warning and Packaging Labels for A. W. Chesterton, Foster Co., Owens-Illinois, Mundet, Garlock, and John Crane
`A.P. Green Industries, Inc.'s Answers and Objections to Plaintiffs' Interrogatories & Request for Production, 9/24/1993
`Copies of Warning Labels and documents related to the use of Warning Labels from various asbestos manufacturers
`such as Owens-Corning and Johns-Manville.
`Letter from The Eagle Picher Company to Barry Cox (Dodson Pulp & Paper Corp.) re Warnings, dated June 9, 1954
`Letter from John Harrington (The Eagle Picher Company) to R.M. Koachan (Grans-Corning Fiberglas Corporation) re
`Warning labels, dated June 2, 1964
`Letter from R.M. Koachan (Owens-Corning Fiberglas Corporation) to John Harrington (The Eagle Picher Company) re
`Warning lables, dated June 5, 1964
`The Eagle Picher Company Warning Label package
`Manville Warning Labels
`Johns-Manville Corp. warning labels dated between 9/10/1964 & 4/29/1970
`Manville Corporation disclosure re: Asbestos Information Act of 1988
`Privileged J-M memo dated 5/11/1964 "Labeling of Asbestos Products High Temperature Industrial Insulations"
`Series of Manville letters/ memos from 1958 re: warning labels on products; marinite dust
`Manville 9/10/1964 memo re: warning label instructions
`Johns-Manville Warning Labels. 1964.
`Johns-Manville 85% Mag.
`Johns-Manville Warning Labels.
`Asbestos Warning Label from Unibestos Pipe Insulation
`Executive Bulletin sent to E.R. Williams of the manville Research Center regarding the need for Caution Labels for
`products that can be classed as combustible or flamable, dated June 6, 1956
`Letter regarding the labeling of insulating products with health hazard warnings, dated Fabruary 17, 1969
`Letter regarding health hazard warnings for marinite products, dated February 20, 1969
`Letter from the Manville Environmental Control Department Research & Engineering Center regarding the guideline for
`labelling hazardous industrial insulations products, dated August 7, 1969
`Letter regarding caution labels, including lists of products and and factory where produced, dated September 29, 1972
`Letter regarding caution labels for all products the Johns-Manville Nashua Plant produced, dated October 18, 1972
`List of Industrial Products Division products and the dates when various types of asbestos caution labels were used for
`each product, dated January 2, 1974
`Johns-Manville Internal Correspondence listing of products and dates of asbestos caution labels for each product, dated
`November 17, 1975
`Mansville interrogatory response listing the asbestos warning label used on products and the various dates those labels
`were used, from January 24, 1990
`Material Safety Data Sheet and related documents regarding Johns-Manville's gaskets, received in July 18, 1974
`Material Safety Data Sheet and related documents regarding Raybestos Manhattan's gaskets, dated March 30, 1976
`Material Safety Data Sheet and related documents regarding Southland Cork's gaskets, received in September of 1976
`Material Safety Data Sheet and related documents regarding Johns-Manville's gaskets, dated February 11, 1977
`Material Safety Data Sheet and related documents regarding Garlock Inc.'s gaskets, dated November 1978
`Material Safety Data Sheet and related documents regarding Crane Packing Company's gaskets, dated January 18,
`1979
`Material Safety Data Sheet and related documents regarding Garlock Inc.'s gaskets, dated