IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
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`LISA LANDRY, Independent Executor
`of the Estate of JULIANNA
`FRAHLMAN, Deceased,
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`Plaintiff,
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`v.
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`AIR & LIQUID SYSTEMS
`CORPORATION, et al.,
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`Defendants.
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`CIVIL DIVISION
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`Case No.: GD 22-002284
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`FACT WITNESS LIST
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`Filed on behalf of Defendant
`PNEUMO ABEX LLC, successor in interest
`to ABEX CORPORATION
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`Counsel of Record for this Party:
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`Catherine N. Jasons, Esquire
`Pa. I.D. #30105
`Christopher S. Arnold, Esquire
`Pa. I.D. #319354
`Matthew J. Doz, Esquire
`Pa. I.D. #86135
`Katherine A. Lowery, Esquire
`Pa. I.D. #312186
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`KELLEY JASONS McGOWAN SPINELLI
`HANNA & REBER, LLP
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`Gulf Tower Building, Suite 2701
`707 Grant Street
`Pittsburgh, PA 15219
`(412) 434-6577
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`1818 Market Street, Suite 3205
`Philadelphia, PA 19103
`(215) 854-0658
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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`LISA LANDRY, Independent Executor
`of the Estate of JULIANNA
`FRAHLMAN, Deceased,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AIR & LIQUID SYSTEMS
`CORPORATION, et al.,
`
`
`Defendants.
`
`
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`CIVIL DIVISION
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`Case No.: GD 22-002284
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`PNEUMO ABEX LLC’S FACT WITNESS LIST
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`AND NOW, comes Defendant Pneumo Abex LLC, successor in interest to Abex Corporation
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`(“Abex”), and sets forth the following:
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`1. Abex may call any and all witnesses listed in any Witness List filed on behalf of any party or in
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`any Supplemental Witness List, including any medical, liability, opinion, condition, damage, expert, or
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`records witnesses.
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`2. Abex reserves the right to call any witness to offer factual or opinion testimony for purposes of
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`impeachment or rebuttal, whether or not such a witness has been identified on the Witness List of any
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`party.
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`3. Abex reserves the right to call any and all of the witnesses named in any of the pleadings of record,
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`depositions, Answers to Interrogatories, or Responses to Requests for Admission.
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`4. Abex reserves the right to call any or all of Plaintiff-decedent’s treating, consulting, and examining
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`physicians which are now known or which later become known, including, but not limited to the
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`following:
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`The Women’s Hospital of Texas
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`Memorial Hermann-Memorial City Medical Center
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`Matthew Gaudet, MD
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`Ascension Seton Medical Center Austin
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`Austin Radiological Association Diagnostic Imaging
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`Scott Selinger, MD, FACP
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`UT Health Austin Clinics
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`David F. Pohl, MD
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`Hill County Pulmonology & Critical Care PLLC
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`Jeffrey T. Yorio, MD
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`Texas Oncology Center
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`ARA Diagnostic Imaging
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`Paul B. Gaudin, MD
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`5. Abex reserves the right to call any impeachment or rebuttal witnesses made necessary by any
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`witnesses’ testimony at trial.
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`6. Abex reserves the right to call as a witness, any photographer, subpoena server, or investigator of
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`the Plaintiff or any Defendant.
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`7. Abex reserves the right to call as a witness, all parties and any present or former agent, servant,
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`employee, representative, or officer of any party.
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`8. Abex reserves the right to supplement its List of Witnesses and Exhibits after receipt of discovery
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`responses from Plaintiff’s counsel specifically identifying the Plaintiff-decedent’s employers, work sites,
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`and medical histories.
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`9. Each of the above inclusions and provisions pertains to each of the following categories of
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`witnesses and should be read so as to be included in each category.
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`10. This Defendant may call any or all of the following persons as fact witnesses at the time of trial.
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`A.
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`Plaintiff – Lisa Marie Landry
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`Any family members of the Plaintiff-decedent including, but not limited to, the
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`B.
`following:
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`Donna Leigh Egenolf
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`Rhonda Lynnette Hissey
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`Mike Frahlman
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`Jane Owens
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`Laurie Purcell
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`C.
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`The following former and present representatives of Abex:
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`i. CHRISTOPHER A. LAUS
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`Mr. Laus is the current President of Pneumo Abex LLC. He may testify as to his
`background and work at Abex. He is familiar with, and may testify about, the design,
`production, sale and manufacture of friction materials made by Abex. He may testify
`as to the various uses of friction material and the available and appropriate materials
`used as friction material over time including Abex’ efforts to remove asbestos from
`friction materials. He may describe the various friction products manufactured by
`Abex. He may testify about various Abex facilities related to the manufacture of
`friction materials, the layout of the equipment and the work performed at each
`location. He may testify about product labeling and warnings. He may also testify
`about the sale of Abex’s friction materials and Abex’s various customers.
`Furthermore, he may also testify as Abex’s medical and industrial hygiene programs.
`He also will authenticate documents relevant to his testimony.
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`ii. ALBERT D. INDELICATO (retired)
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`Mr. Indelicato is the prior President of Pneumo Abex LLC. He is now retired. In
`cases where he was previously been deposed (but not new cases), the following
`statement of expected testimony is potentially applicable: Mr. Indelicato is familiar
`with, and may testify about, the design, production, sale and manufacture of friction
`materials made by Abex. He may testify as to the various uses of friction material
`and the available and appropriate materials used as friction material over time
`including Abex’ efforts to remove asbestos from friction materials. He may describe
`the various friction products manufactured by Abex. He may describe various Abex
`facilities, the layout of the equipment and friction material work performed at each
`location. He may testify about product labeling and warnings. He will authenticate
`documents relevant to his testimony. In addition, testimony from Mr. Indelicato may
`also be designated via prior depositions and/or trial testimony.
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`iii. DR. PHILIP C. PRATT
`(deceased)
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`Dr. Pratt was a Professor Emeritus of Pathology at the Duke University School of
`Medicine, Durham, North Carolina. Dr. Pratt received his M.D. degree from Johns
`Hopkins Medical School in 1944. Dr. Pratt served as a pathologist at the Saranac
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`Laboratory, Saranac Lake, New York, during 1946 to 1952 and was Assistant
`Director of the Saranac Laboratory during 1952 to 1955.
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`Dr. Pratt previously testified regarding his involvement in all phases of the
`preparations and publication of an article entitled, “Experimental Studies of
`Asbestosis,” which was published in the AMA Archives of Industrial Hygiene and
`Occupational Medicine in January 1951 (“January 1951 Article”). Dr. Pratt is listed
`as one of the co-authors of the January 1951 Article.
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`Dr. Pratt’s involvement with the publication of the January 1951 Article included,
`among other things, review and analysis of the materials from certain animal
`experiments involving exposure to raw asbestos fiber conducted at the Saranac
`Laboratory.
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`Dr. Pratt will be called by prior trial testimony in the case of Lowell Sherer and Mary
`Sherer v. Grefco, et al., In The Circuit Court of Eleventh Judicial Circuit, McLean
`County, Illinois, Cause Number 92 L 69, on May 22, 1996.
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`D.
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`E.
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`F.
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`G.
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`Records Custodian
`Bureau of Workers’ Compensation
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`Records Custodian
`Social Security Administration
`Bureau of Disability Insurance
`Baltimore, MD 21235
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`Records Custodian
`Internal Revenue Service
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`Records Custodian
`Social Security Administration
`Office of Central Records Operations
`Baltimore, MD 21235
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`H.
`Representatives, employees, and/or former employees, and/or Records Custodian of any
`or all of employers of Plaintiff-decedent’s husband and father including, but not limited to, the
`following:
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`Dravo
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`I.
`For the purposes of obtaining testimony concerning corporate identity, the manufacture or
`sale of asbestos-containing products/insulation products, the composition of those products, the dates
`of manufacture and/or sale of those products, and the placing of warnings on those products, Abex
`may call representatives of all parties in this action, including, but not limited to, the following:
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`Air & Liquid Systems Corporation
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`Allied Glove Corporation
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`Ametek Inc.
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`Armstrong International Inc.
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`Armstrong Pumps Inc.
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`Beazer East Inc.
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`BW/IP Inc.
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`Carmeuse Lime Inc.
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`CBS Corporation
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`Cleaver Brooks
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`Crane Company
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`DAP Inc.
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`Eaton Corporation
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`Electrolux Home Products Inc.
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`Flowserve Corporation
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`Flowserve US Inc.
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`Flsmidth Inc.
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`Gardner Denver Inc.
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`Genuine Parts Company
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`Goulds Pumps LLC
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`Greene Tweed & Company
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`Grinnell LLC
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`Honeywell Inc.
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`Honeywell International Inc.
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`Hunter Sales Corporation
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`I.U. North America Inc.
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`IMO Industries Inc.
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`5
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`Industrial Holdings Corporation
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`Industrial Rubber Products
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`ITT Industries Inc.
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`Joy Global Surface Mining Inc.
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`Joy Global Underground Mining LLC
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`M.S. Jacobs & Associates Inc.
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`Met-Pro Technologies LLC
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`MRC Global (US) Inc.
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`Nagle Pumps Inc.
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`North American Manufacturing Company
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`Power Piping Company
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`Reading Crane & Engineering Company
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`Rust Engineering & Construction Inc.
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`Schneider Electric USA Inc.
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`Surface Combustion
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`Tuthill Corporation
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`United States Steel Corporation
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`Viking Pump Inc.
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`Whiting Corporation
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`J.
`Record custodians and/or representatives of the various labor unions of which the Plaintiff-
`decedent was a member.
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`K.
`Any co-workers of Plaintiff-decedent identified by Plaintiff during the course of
`discovery or otherwise.
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`L.
`Representatives of various corporations and/or entities at which the Plaintiff-decedent’s
`husband and father worked throughout their employment history, including, but not limited to, the
`following:
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`Dravo - Neville Island
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`M.
`Any and all corporate representatives listed by any Defendant or in response to Motions
`for Summary Judgment or in the course of discovery.
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`RESERVATION OF RIGHTS
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`As discovery in this matter is ongoing, Defendant Pneumo Abex LLC reserves the right to supplement
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`this Fact Witness List up to the time of trial.
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`Respectfully submitted,
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`
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`KELLEY JASONS MCGOWAN
`SPINELLI HANNA & REBER, LLP
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`BY:/s/ Katherine A. Lowery
`Catherine N. Jasons, Esquire
`Christopher S. Arnold, Esquire
`Katherine A. Lowery, Esquire
`Matthew J. Doz, Esquire
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`Attorneys for Defendant,
`Pneumo Abex LLC, successor in interest
`to Abex Corporation
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`7
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing FACT WITNESS LIST was
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`served this 1st day of November, 2022, on the following Plaintiff’s counsel of record via
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`electronic mail, with notice of service of the same provided to all defense counsel of record by
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`electronic mail.
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`Leif J. Ocheltree, Esquire
`Goldberg Persky & White, PC
`11 Stanwix St.
`Suite 1800
`Pittsburgh, PA 15222
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`KELLEY JASONS MCGOWAN
`SPINELLI HANNA & REBER, LLP
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`BY:/s/ Katherine A. Lowery
`Katherine A. Lowery, Esquire
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`Attorney for Defendant,
`Pneumo Abex LLC, successor in interest to
`Abex Corporation
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