Motion-Secondary: LOUIS CASTAGNA VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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                                1 || PAUL V. LANKFORD (State Bar No. 181506)
PAUL LANNUS (State Bar No. 192551)
2 | LANKFORD CRAWFORD MORENO LLP ELECTRONICALLY
3 | 1850 Mt. Diablo Blvd., Suite 600 FILED
Walnut Creek CA 94596 Superior Court of California,
4 | Telephone: 925.300.3520 County of San Francisco
Facsimile: 925.300.3386 JAN 12 2011
5 Clerk of the Court
Attomeys for Defendant BY: ALISON AGBAY
6 | FORD MOTOR COMPANY Deputy Clerk
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
il
D SAMUEL LEAL, ASBESTOS
*Plaintiff, BRAYTON GROUP 536
13
Vv.
14 Case No. CGC-08-274807
5 ASBESTOS DEFENDANTS (BP),
Defendants.
16
17 |, LOUIS CASTAGNA, Case No. CGC-07-274230
18 Plaintiff,
DECLARATION OF PAUL LANNUS IN
19 v. SupPORT OF DEFENDANT FORD MOTOR
Company’s Motion IN LIMINE TO
20 | ASBESTOS DEFENDANTS (BP), EXCLUDE TESTIMONY OF PLAINTIFF’S
EXPERT CHARLES AY [MIL #26]
21 Defendants.
22
23
24
25
26
27 | + The use of the term “plaintiff” as used herein refers to the plaintiff in a personal injury action and the
decedent in a wrongful death action; and the use of “plaintiff” shall refer to both plaintiff in the singular and plural, as
28 appropriate.
LANKFORD -1-
CRAWFORD
MORENO LLP

ATTORNEYS ATLAW ALANKFORD
CRAWFORD
MORENO LLP

ATTORNEYS aT LAW

A

GARY COATES,
Plaintiff, Case No. CGC-08-274784

vy.
ASBESTOS DEFENDANTS (BP),

Defendants.

CLEM FITZHUGH,
CASE No. CGC-08-274645
Plaintiff,
Vv.
ASBESTOS DEFENDANTS (BP),

Defendants.

DECLARATION OF PAUL LANNUS IN SUPPORT OF DEFENDANT FORD MOTOR COMPANY’S
Morton In Limtne TO EXCLUDE TESTIMONY OF PLAINTIFF’S EXPERT CHARLES AY
[MIL #26]28

McKenna Lonc &
ALDRIDGE LLP.
ATTORNEYS AT LAW
SAN Francisco.

J, Paul Lannus, declare as follows:

1. Iam a member of the State Bar of California and an attorney with LANKFORD
CRAWFORD MORENO LLP, counsel of record for Defendant in the above action. I have
personal knowledge of the facts set forth in this declaration and, if called as a witness, could and
would testify competently to such facts under oath.

2. Attached hereto as Exhibit “A” is a true and correct copy of the resume of Charles
Ay, which was attached to his deposition transcript, dated January 19, 2001 in Roy Duane Lee v.
AP Green Industries.

3. Attached hereto as Exhibit “B” is a true and correct copy of relevant excerpts from
the deposition transcript of Charles Ay, dated December 27, 2001 in Hansen vy. Raybestos
Manhattan Inc.

4. Attached hereto as Exhibit “C” is a true and correct copy of plaintiff's designation
of expert witnesses in this case.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on this 2 day of December 2010, at Wainut Creek, California.

PauL LANNUS

-2-

DECLARATION OF PAUL LANNUS IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE TESTIMONY OF PLAINTIFF'S EXPERT CHARLES AY
IMiL #26}EXHIBIT A

EXHIBIT ACHARLES WAX

19481 Jasper WiLL Road “
Trabuco Canyon,

(714) 858-9222

SUMMARY,

twenty

years ence in the marine insula:
5, rking with asbestos and other in: Riation
insulator, Insulator Supervis: and Labor 2
Responsible for setting up and conducting t ini
asbestos eens rs and pubic epee

sion and

ashe:

EMPLOYER,

May 1984 to Present
Vice-President of ASBESTOS ni
Garden Grove, CA

TOR CO., THC.

October 198% to Present

¢ a, CA
Lia dang in the manné

Og Of portable insulation products,

April

L960 to October 1981,

LOWG BEACH NAVAL SHIPYARD
Long Beach, CA

SULADORS AND 2

WORKERS:
Local
hos a

naw ledge
include
5 ences with 3b

p
and other job

insviator ~ Shaped, formed and installed various insvlatin
materials on steam piping, boilers, tanks, turbines and
refrigeration unitCHARLES WILLIAM AY Page Tuo

ERIENCE (cont'd)

other

E Rork experience as a Journeyman Pipefitt
and a bighly qua hip

rating as a piping Systems Inspector.
os ‘Training _§
ing to asbesta

[NEERWVALTTONAL HE AND YROSP TNSULATORGS AND ASBESTOS WORKERS,

membex «

ystalied insulating materials on commercial buildings,

Insulator —
-ing plants and oil refineries, ete.

iG TO_AS

chool of Medic. Hew York, NY
s relating to Ashestos (1977-78)

Mount Sinai 8
Various cour

Nationa) Caner Institute, Silver Spring, WD
tung Screening Course, and Cancer Fducation fa
t 7-78)

course

of Medicine
Health Hazards (1977-78)

Willian Bla
courses ©

ck.

mducted by Div. of

8)

nO Pres
a

Uni 3
Aghestos Counting ay

(Spectrum) 1992

hog Consultant (1993)
In addi t ad numerous seminars
to Asbestas, and Public Yealth Hazards

celatingCHARLES

LAM AY Page Three

ACCOMPLISHMENTS

ed in the production of News

Specials: A Dusty Way to Die (1977, 1981).

~Axrned,
meetings (1977

Epidemiolog

Board, paw

pated in board

78).

~Wrote proposal. for the Armed Forces Epidemiological Board on
shestos control; was submitted to congress by Congressman Glen
anderson and appeared in the Congressional Record of 2 May 1978.

Lifornia Vocational Teaching Credential: Marie Insulat

Technology (issued 1977).

“American Luag Assoulation asbhestos foxum panelist (1985).

-hd Moc Subcommittee of the Armed Forces Rpidemiological
Board

sbes

Department.
Bea lth.

Business

produ
work
occasions in
the counties ot

angele 3, San T 0 Addit
expert testimany has been given Litigation in
the State of Washington, Yexas, Wawa ’ pennsylvania ,
jana, (and in the Dist.
de

trict. of Colviwbia), And in alEXHIBIT B

EXHIBIT Buy TRE SUPERIOR COURT OF THE STATE OF CALIFORNIA
JH AND FOR TRE COUNTY OF SAN FRANCISCO

w-~Q0Qr->

POWNA BANSER, . a
Plaintift, i

vs.

Re, 322639

RAYBESTOS~MARHATZAR, et al

Defendants. '

goo)

REPORTED BY:

RARCY AWR LEVELS, COR F9ZtS

TOOKER & ANTE ve
COURT REPORTING & VIDEO SERVICES
Q12 MISSSON STREET, PIFTH FLOOR
SAN FRANCISCO, CALIFORNIA 94103
(azSp S1Z-0295 —

i
~ eC inmee #155 L2-0295Q- Would the opinion di

DEPOSITION OF CHARLES BR. - 12/27/02

she.was breathing at the time, ko IJ can only give you

inion.

my opi:

fier depending ‘on

avay she was standing?

ix, around comabedy vba vas doing brake ‘jobp in a

éciveway? .

Ro, © haven't.

Do you knov what bsake products Hr; Hansen

a. It weuld depond wore on the direction of the

he

wind, opposed to the distance, in some cases
G. Beve you ever measured the air, the ambient,

32 coed -
} 2 dy thing that oo the anly_thine in the

14 | deposition vhen it comes te brake products is he did

brake work and be purchased them ot Pop Boyel wae a

26 etexa Shat they renembered. i

i? When you say “products,” you mean ene they

2e |oivst the shee its Lf thot, nended te be riveted to the

ue Liang? mean the lining riveted to the shoe?

20 @- let me rephrase that. Boe you know the brand

2h mane, mangfacturar, ec cpppliea of any ¢ the brake

22 | preducts that be used in any Brake jobs that he did?

22 MS. PAPAVASSILIOU: Asked and anopered oF

24 | fer ae the cuppliar zoned.

28 TRE WITNESS: far ag the manufacturer,

Tooker & Antz ALS-5bG~O255

15—! — a

3 DEPOSITION OF CHARLES ha ~ 12/27/01

a working, @Y personal working with brakes, all ef the

jngormation that — have ever read about brakes. and 3

3 | wi2d leave commen sense ont.

4 Q. Mx; Ay, what training do yer bave_ related to

5 | performing brake jobs?

6 he. «have no foxmal training. I have read the

7 Childers manuals-

8 Qe I believe the question was answered. You

“9 | nave wo formal training? ‘ :
Fe LO -

qd OU I deu*t believe Mr. ay
12
—}p tz fi iom-theguestion,she.s. ———
14 right there, but that's akey-~ t will all come out.
15 MS. MENEEL: @- You have no formal
16 vhen how do you believe thst yeu are
17 | qualified to offer expert opinion © Sng brake jobs?
ey he Phe brake manufacturers realize that most of
as | the breke werk is dong by home people. That's why they

them over the counter. Se the brake moputactorers

warious warts stores, there are Companies suck

22 as Childers, whe publish manvals om hew to xepaix

ay | augomebiles. ‘hey have eptd dealing with
ZA brakes. And sc, Whan yeu ge te a store, like Pep Boysr
zs ang you are net sure, they vidl dizect you to the

meter & oRnte FL$-SUzZ-U2I5 xoDEPOSITION GF CHARLES: - 2427/02

ee

JS . . wad

1 | wanval, and they vill say, here, why don’t you buy this

penua} and it wil} tell yeu bew te Ge the brakes, and

Br

3 it will tell. yeu the way in which they were designed te

« | be done, bow to do the job correctly ~

5 1 have reviewed and 7 have owned Garions

6 issues of Childers. {Y have purchased from the

7 | avtencbile manufacturer books oa how te de brakes cn a

2 | 1gg0 Ford F280 Soer-vheel-deive truck and other

Q vehieles that IT have evned, Ferd Bronces-and trucks ‘and
ie passenger cers, where I actually bad the manoals from
11 | the automobile wanufacturer. and the manvais. from

12 | chddders and that type of thing. Se I have the formal *

1? training chat vas given by the manufacturer and the
publisher of the books: . ane
1S @. And this was in order te do brake jebs on
36 | your personal vehicles?
ui But eg that knovledge to de
: Ww cher penple’s cars too. wos

8 Q- ake joks have yoo done?
28 he LE veally don’s know. 1 have done an avfeh
ak

uly that you did 26

z2 | ve 30?
Bao Be At Least thou. xy heave done probably 2
og | hundred, But Whes the question wns noked, i vent

Pooker & hate 436-512-0295 . 1sDEPOSITION oF CBARLES a6 - 12/27/01

mlutch waxk?

he Hoe

Gs Anything in the testimony of either Russell
ox Donna Bansen that Doane Banser was present. for
cluteh vork dune by anyone other than Russell Sansen?

Ae Bet that

i racall.

Q- Getting back to the daundxy issue, assume
that Hr. Bansen had just completed a eldtch job. and
thatte the only vork that he did, changed his clothing,

and then He. Bansen laundered that clotning. What

would your EE xegarding =n opportunity for

exposure to asbestos there?

d-on-your hypothetical tha opp

egein, it dopands on what he did with the clutch. if
you assum: that he just opened the box and put the

elyteh in, T thank oat Bhe =~ there wenld be sone

xegadus ©:

a alothing, very little, J£ he took the

selvtch cut, checked it, and ther made sure hat chr

gurface Was Glenn, and that's dane usually by just a

piece of Emery cloth oz xome sort of

jac cloth,
sandpeper, ang then pur it in, and be did thet on bie

lap, and then she washed those clot!

ink her”
expesers vould be > i 2 i e ike At

wenld be ju «xcess

- woakar # Antz 415-S17-0225pend —ehrt tomy enonnlentg

nEPOsIPION UF CUARLES Aa. - saraafs

axpockee from laundry?

Be i have dene cawo vork With e doctor that did
secondary expostres to —7 ae ues for houcevives of
people whe vorked with ox areuad asbestos products,
and the disease rate, what we call take-home dust,
fugitive dust, ox bystander aust. And it comac from
the clathing, shaking our of clothing, the hgndling of

clothing that had bean vo

by one who has been exposed

ce arbeston fibexs, hore ie mearnrable fiber residue

jaunacy rooms, or £f yor eek at elothing: even after

they are washed, you cun still find fibers that are

Hheng in gq that will come ont. =f to that

a. new, this doctex, what's hie ox her namo?

tie fiber residue, were any

in Kilbuyn svudy?

Ne, they waxentt. What he vas doing was

wease process, And I believe he foynd —— ana 5

covld pe wrong here, but I belizve Lt'e Lv percent of

the vex ef ehipyard waxkers that he examined hag

digesse consistant with exposere, and the oply known

hoes ¢lS-S12-0298

WeokerpgEPosifiON GF CHARLES At - 12/27/01

1 exposure would be take~hone exXpoxsDrea.

z GQ. Rave you seed or are You Adare of any studies
3 jmvelyiog exposure Prom doing laundsy of folks doisg

4. | fection work? : Ls

5 he orem secrye = dente think J folloved your

¢ | question. T apologize~ :

7 (Record read.)

5 wRE WITHBSE>  Ro~

g BR. POLLACK: Q- pné the same question with
yo | vegazd to construction, Folks in eongtruction werk.

1. Re have not xead any of the take-heme atndies,
12 ac.

» xt ite FORDER pisank yon, He by Thats abt

a@ | x have.

1s you re weleone.

18 FURPHER EXAMINATION BY MS. BcRETL
“aa MS. HONETL: - I'm going fellow up oo
ie | that wibbarnts viney pabliched?

as know, TF doatt know whether he pablished
20 | at or not. tr know he addressed & group of dectars at,
aL k believe, the Dlnekburn Eneti¢ute in Rew York, where
2? he talked about his study, 94 forecall. Bot F don't

22 was netusliy poniished. ne

ae Q. Se yeu doen't bow Lf « is a peer reviewed
2s

~ yooker & Antt €15-S12-0295 ZsDEEOSITION OF CHARLES Px ~ 22/27/02

ee -

aA- Xi doatt know:

oo. =» cohort study, oF anything cf that sort?

3 Rave you ever taken aixy sumples in # rep Soys
4 | store?
s R Ro. I den't think they would let me.
6 Qo. In a parts store?
7 BR. Roe
a a. Rave you ever taken aiz samples in-a car of
9 | somebody who had jest purchased and uranaported breke
10 ~
ered, fe
12 Q. You mentioned vorething about ww bexs
Tuesboms
14 @. Dave you ever taken aix samples of Ehe cir
as when somebody opens a box cantaining fraction products?
46 ho Yo, I heve never done that. 2 have read
Ve studies, dealing with rhat. bet Eo hewe never dann ity,
1e t What studies have you read?
1g hk, ‘the Brake Institute's 1972 ox L373 study than
ag | they did dealing With 2 nembcx of thinge, and enc af At
aL was the exposure opportus sa when you an oF ‘Glove
ag | box of brakes, bred now brakes. :
2

Q. hee you sure it wae 3

the name of Ltt

A. gumse ve Gould argue semantics. Ze woe

wooker & AMEE 425-512-0235 263 CERTIFICATE OF DEPOSITION OFFICER

z I, RANCY ARN LIVELO, CSR #9275, duly authorized toa
3 atminister oaths Pursvent ta Section 2683(b) ef the

4 California Cede of Civil Procedure, hereby certify that
5 at the commencement of the fexregaing depos won, the

6 witness stated he oz she would testify to the truth,

7 the whole truth, and pothing but the truth in the

8 with

~entitled cause; thet said depesition was taken

a | at the time and place thexein stated; that the

ao | cestimony of the said witness was ceported by me and

~“'thertefter—transenibed. by. me.oF

under my direction inte

a2 | cypewriting; that the foregoing is a full, complete and

a3 tuve record of said testimony; and that the witness was
2 14 Yead and correct Said 7

15

xe

1? attemey for eithes ox any of the Parties in tha

foregoing deposition and. caption named, ox in any way

is | Guterested in the outcome of the canse named in said

ze} ception.

on -

ae

23 | Y hexeby certify this ceny
a true and exact gapy of

24 origina: J

es] v AS

. at
an byeOST OR OFPEGER

7

Tooker & Antz @XS-$1 2-298EXHIBIT C

EXHIBIT COR GSMe SEA UE RE Be

JUL 28 2008

Stephen M. Fishback (State Bar No. 191646) McKenna Long & Aldridge
Daniel L. Keller, Esq. (State Bar No..191 738)

J. Bruce Jackson, Esq. (State Bar No. 173215)

ISELLER FISHBACK & JACKSON LLP

18425 Burbank Bivd., Suite 610

Tarzana, CA 91356

Telephone: 818.342.7442

Facsimile: 818.342.7616

Attorneys for Plaintiffs
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF LOS ANGELES
(UNLIMITED JURISDICTION)
JOHN BRODEUR Case No. BC 373865

Plaintiffs, PLAINTIFF'S DESIGNATION OF
EXPERT WITNESSES

YS.
A.W. CHESTERTON COMPANY, et. al.

Defendants.

INTRODUCTION

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Plaintiff JON BRODEUR and their attorneys of record submit their Designation of
Expert Witnesses as follows and reserve the right to call any and all of the following persons as

expert wily at ical in the above matter:

1. Any and all individuals hereinafter selected and designated as export witnesses pursuant
to C.C.P. §2034,
2. Any and all physicians who have treated the plaintiff, including, but not limited to,

pathologists, radiologists or other medical personnel involved in the case; the names and addresses

PLAINTINES DESIGNATION OF EXPERT WITNESSES Page 1and qualifications of these physicians already are known to defendants’ counsel; the general area
of their testimony will concern treatments, conclusions and prognosis,

3. Any and all physicians who have examined or will examine the plaintiff and/or
plaintiff's medical records and/or x-rays on behalf of the defendants hereiv, on behalf of
compensation carriers, or any other person or business catity,

4. Any and all physicians or other health professionals wha have examined or will
examine the plaintiffs medical records.

Pursuant to C.C.P. §2034, plaintiff hereby designates as retained expert witnesses all

persons listed below:

Charles Ay

Asbestos Detection

12862 Garden Grove Bivd., Suite 290
Garden Grove CA 92843

Barry Ben-Zion, Ph.D.

3588 Kelsey Knolls

P.O. Box 2825

Santa Rosa, CA 95405-2825

Donald Breyer, M.D.
6861 Gunn Drive
Oakland, CA 94611

Armoid Brody, M.D., Ph.D.

‘Tulane University School of Medicine
Department of Pathology and Laboratory Medicine
1430 Tulane Avenue

New Osleans, LA 70112-2699

Carl A. Brodkin, M.D.

University of Washington Medical Center
1959 N.E. Pacific

Seattle, WA 98195

Rarry Castleman, Ph.D.
P.O. Box 188
Garreit Park, MD 20896

PLAINTINE DESIGNATION OF EXPERT WITNESSES Page2es ND th BR we we

So

Kenneth 8. Cohen, CLA.
11724 Shadow Valtey Road
P.O. Box 1625

[3 Cajon, CA 92020

Richard Cohen, M.D., M.P.H.
19242 Panorama Drive
Saratoga, CA 95070

Steven Dikman, M.D,
501 [3. 79th Strect, Suite 4c
New York, NY 10021

Brian Dolan, M.D.
129 Mabery Road
Santa Monica, CA 90402

William Bwing, C.LH.
Compass Environmental, Inc.
1751 McCollum Parkway
Kennesaw, GA 30144

Robert Fallat
1998 Broadway #407
San Francisco. CA 94109

Peter Formuzis PhD
2000 E. 4"" Street, Ste. 200
Santa Ana, CA 92705

Arthur L. Prank M_D., Ph.D.
Drexel University
School of Public Health

245 N. 15" Street, Mail Stop 660

Philadeiphia, PA 19102-/ 192

Samue/ Hammar, M.D.
Diagnostic Specialtics Laboratory
700 Lebo Boulevard

P.O. Box 2171

Bremerton, WA 98310-2171

Richard Hatfickd

Materials Analytical Sciences, Inc.

3945 Lakefield Court
Suwannee, GA 30024

PLAINTIFF DESIGNATION OF EXPERT WITNESSES:

Page 320

Barry Horn, M.D.
Alta Bates Hospital
2450 Ashby Avenue
Berkeley, CA 94705

Marianne Inouye

Zeongier & Inouye, LLC

4 Mast Holly Strect, Suite 205
Pasadena, CA 91103

Prakash Jay, M.D.
801 N. Tustin Ave., Suite 605
Santa Ana, CA 92705

Robert Johnson

Robert W. Johnson & Associates
4970 El Camino Real, Suite 250
Los Altos, CA 94022

Julie Lannsbach

Zengler & Inouye, LLC

4 Bast Molly Street, Suite 205
Pasadena, CA 91103

Barry S. Levy, M.D., M.P.H., P.C.

20 North Main Street, Suite 200)
P.O. Box 1230
Sherborn, MA 01770

Richard A. Lemen, Ph.D.
3495 High Gate Hills Drive
Duluth, GA 30097

William Longo, Ph.D.
Matorial Analytical Services, Inc.
3945 Laketield Court
Suwannee, GA 30024

William R. Salyer, M.D.
Pathology Department
Alta Bates Nospital
2450 Ashby Avenue
Berkeley, CA 94705

Joyce Pickersgill PhD

PLAINTIFE DESIGNATION OF EXPERT WITNESSES

Page 42

aN

2000 13, 4" Street, Ste. 200
Santa Ana, CA 92705

Allan H. Smith, M.D., Ph.D.
2211 Braemar Road
Oakland, CA 94602

dames Srebro, M.D.
3443 Villa Lane
Napa, CA 94558

Enc Stem, M.D.

Harbor View Medical Center, Department of Radiology
325 Ninth Avenue, Box 359728

Seattle, WA 98104-2499

Philip Jobn Templin, C.LH.

MAS, Inc.

3020 Old Ranch Parkway, Suite 300
Seal Beach, CA 90740-2750

Daniel Powers, M.D.
Discovery Diagnostics

6200 Wilshire Blvd., Ste. 1008
Los Angeles, CA 90048

Darryl Zengler

Zengler & Inouye, LIC

East Holly Sixect, Suite 205

Pasadena, CA 91103

1. Charles Ay, Asbestos Detection, 12862 Garden Grove Blyd., Suite 290, Garden
Grove, California 92843. Mr. Ay is ajoumeyman insulator and expert in the identification,
handling, application and removal of ashestos and asbestos-containing products including, but not
Limited to, both shipboard and land-based applications including, but not limited to, refineries,
schools, residential and commercial {acilities, Mr. Ay's fee for deposition festimony is $300.00 per
hour with a ove-hour minimum, Mr. Ay has agreed to testify, if necessary, at trial; Mr. Ay will be
sufficiently faniliar with the case to provide a meaningful oral deposition. Mr. Ay may testify
about identification, application and removal of asbestos and asbesios-containing products

onboard ship and at land-based facilities. This expert may lestify regarding issu

es including, but

PLAINTIFR DESIGNATION OF EXPERT WITNESSES: Page §20
24
22
a3
24.
25
26
21
28

not limited to: when and where various building materials contained asbestos, including all types
of building and other materials, including but not limited to asbestos fiber, asbestos tape, asbestos
mod, asbestos-containing pipe and siding, stucco maicrials, brake and clutch linings, aerospace,
hosecone and other asbesios-containing materials, asbestos cloth, asbestos pipe coverings and
block, ashestos bakelite backing, asbestos containing components in motor controllers and other
electric products, asbestos insulated wire, asbestos cement, asbestos insulation pads, asbestos
paper, asbestos gaskets, other asbestos insulation, asbestos packing, asbestos rope, asbestos
powder, asbestos wrap, asbestos insulated wire, asbestos sheets, asbestos wallboard, asbestos-
containing sheet rock, ashestos-containing joint compounds, taping compounds and topping
compounds, spray ceiling materials, ceiling tiles, asbestos-containing fireproofing materials,
refractory materials, refractory cements, asbestos insulation bricks, and other asbestos containing
construction products, and/or other materials. This is not an exhaustive list of asbestos materials
which this expert may testify about, but merely representative and this capert may testify about any
and all materials which contain asbestos. This expert may testify about the propensity and ability
for asbestos-containing product to release dust and release asbestos dust into the air of persons
using those products and working around the use of the products or with or around such products
when they are in place. This expert may testify about how such asbestos materials were used ia
their ordinary and intended manner, and how that ordinary and intended use causes the releage of
respirable asbestos dust. This expert may testify about the roles and common practices of various
tradespeople in shipyard and land-based construction projects, incl ading such trades as, including,
but not limited to, drillers, electricians, insulators, laborers, machinists, joiners, masons, painters,
pipefitters, riggers, sandblasters, scalers, sheetmetal workers, lool room attendants, welders,
drywallers, and/or other trades. This is not an exhaustive list of the wades thai disturbed asbestos
materials which this export may testify about, but moercly representative and this expert may testify
about any and all construction trades which worked with and around asbestos materials, This

expert may testify about the visibility of dust contaming asbestos.

PLAINTIFF DESIGNATION OF EXPERT WITNESS

Page 618

20
21

deposition testimony is $350.00 per hour with a one-hour miimum. Mr. Zengler may testify
rogarding the value of the Joss of enjoyment of life. Mr. Zengler may also destify as to the loss of
wages, pensions and other economic losses. Mr. Zenglor will also testify generally regarding the
concept of present value and its application to economic losses, particularly wage loss, pension
loss and future medical costs. This oxperl may also testify about the financial condition of
defendants in the lawsuit for purposes of establishing the defendant's wealth during the punitive
damages phase of trial. This expert may testify about the past, future and other cconomic losses of

plaintiffs, the value of household services and other economic losses,

DATED: huly 23, 2008 JACKSON LLP,

Fishback
Attorneys for Plaintiffs

PLAINTIVF DESIGNATION OF EXPERY WITNESSES Page 33