`
`ANN L. ROCKWELL, Administratrix of the
`Estate of ROBERT W. EARLEY, deceased and
`ANN L. ROCKWELL, in her own right,
`
`CIVIL DIVISION – ASBESTOS
`
`Case No.: GD 23-008748
`
`Plaintiff,
`
`Code: 012
`
`v.
`
`DEFENDANT’S FACT WITNESS LIST
`
`A.O. SMITH CORPORATION, et al.,
`
`Filed on behalf of:
`
`Defendants.
`
`Wheelabrator Air Pollution Control, Inc.
`
`Counsel of Record for This Party:
`
`Michael Magee, Esquire
`Pa. I.D. No. 55936
`
`DINSMORE & SHOHL, LLP
`Firm I.D.: 732
`1300 Six PPG Place
`Pittsburgh, PA 15222
`(412) 281-5000
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`ANN L. ROCKWELL, Administratrix of the Estate
`of ROBERT W. EARLEY, deceased and ANN L.
`ROCKWELL, in her own right,
`
`Plaintiff,
`
`v.
`
`A.O. SMITH CORPORATION, et al.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`CIVIL DIVISION – ASBESTOS
`
`Case No.: GD 23-008748
`
`Code: 012
`
`DEFENDANT’S FACT WITNESS LIST
`
`AND NOW, COMES the Defendant, Wheelabrator Air Pollution Control, Inc.
`
`(hereinafter “WAPC”), by and through its attorney Michael Magee, Esquire and the law firm of
`
`Dinsmore & Shohl, LLP, and files the following Fact Witness List.
`
`I. RESERVATIONS
`
`1.
`
`Defendant reserves the right to supplement this Fact Witness List at any time up to
`
`and including at the time of trial.
`
`2.
`
`Defendant incorporates by reference all witnesses set forth on all Fact Witness Lists
`
`in this action.
`
`3.
`
`Defendant reserves the right to call any witness in rebuttal even though the
`
`aforesaid witness is not listed on the Fact Witness List.
`
`4.
`
`Defendant may call any and all witnesses listed in any witness list or supplemental
`
`witness list filed on behalf of any of the defendants, including any medical liability, opinion,
`
`condition, expert or records witnesses. By this incorporation and subsequent incorporations
`
`Defendant does not intend to incorporate by reference any proposed testimony which identifies
`
`
`
`any product manufactured, sold or supplied by Defendant which was sold by another entity or
`
`party.
`
`5.
`
`Defendant reserves the right to call any and all of the witnesses named in any
`
`pleading of record including, but not limited to, depositions, Answers to Interrogatories and/or
`
`Responses to Request for Admissions.
`
`6.
`
`Defendant reserves the right to call any or all of the Plaintiff-decedent’s treating,
`
`consulting and/or examining physicians which are now known or which later become known.
`
`7.
`
` Each of the above inclusions and provisions pertain to each of the following
`
`categories of witnesses and should be read so as to be included in each category.
`
`II. WITNESSES (Liability and Damages)
`
`This Defendant may introduce the testimony, either by live testimony or via deposition, of
`
`any of the following witnesses:
`
`1.
`
`Records custodians or other representatives of WAPC, any successor, and/or other
`
`related entity.
`
`2.
`
`3.
`
`Any and all liability and/or damage witnesses listed by Plaintiff and/or Defendants.
`
`Any and all of Plaintiff-decedent’s co-workers and/or workers employed by others
`
`at jobsites at which Plaintiff-decedent was employed.
`
`4.
`
`This Defendant reserves the right to introduce into evidence any and all medical
`
`records pertaining to Plaintiff-decedent. In addition, this Defendant reserves the right to have any
`
`witnesses testify in accordance with the records, reports and/or letters attached to any Defendants’
`
`witness list, or other medical records of Plaintiff-decedent that are authenticated. This Defendant
`
`reserves the right to have any witness testify in accordance with the scope of any of the above
`
`
`
`items or as to the conclusions reached as a result of the above items. In addition, this Defendant
`
`reserves the right to call as a witness any person necessary to authenticate the above items.
`
`5.
`
`This Defendant reserves the right to call as a witness any person, whether a medical
`
`records librarian or custodian of records.
`
`6.
`
`Any attending and/or treating physician of Plaintiff-decedent.
`
`Respectfully submitted,
`
`DINSMORE & SHOHL, LLP
`
`By:
`
`/s/ Michael Magee
`Michael Magee, Esquire
`PA I.D. No. 55936
`1300 Six PPG Place
`Pittsburgh, PA 15222
`(412) 281-5000
`
`Attorneys for Defendant,
`Wheelabrator Air Pollution Control, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing FACT WITNESS LIST has
`
`been served upon the following by electronic mail on this 28th day of June 2024.
`
`Leif J. Ocheltree, Esquire
`Goldberg, Persky & White, PC
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222
`pghgroup@gpwlaw.com
`
`(Attorneys for Plaintiff)
`
`DINSMORE & SHOHL, LLP
`
`
`/s/ Michael Magee
`Michael Magee, Esquire
`Attorneys for Defendant,
`Wheelabrator Air Pollution Control, Inc.
`
`
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