On December 17, 2010 a Trial Materials was filed involving a dispute between Ross, Jean, Ross, Robert, and Acco Engineered Systems, Inc., Advanced Mechanical, Advance Mechanical Contractors, Inc., Air Systems Mechanical Contractor, A & K Heating Company, Inc., Albay Construction Company, Allen-Simmons Heating & Sheet Metal Company Inc., Allied Fire Protection, Allied Sprinkler Company, Inc., Allsberry Mechanical Corporation, Anderson, Rowe & Buckley, Inc., Associated Insulation Of California, A. Teichert & Son, Inc., Balliet Bros. Construction Corporation, Banner Drywall & Painting Co. Inc., Barnes Construction Co., Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bell Products Inc., Beta Mechanical Contractors, L.P., Bragg Investment Company, Inc., Cahill Construction Co., Inc., Cahill Construction Services, Inc., Cahill Contractors, Inc., California Drywall Co., Castro Construction, Inc., C.C. Moore & Co. Engineers, Cincinnati Valve Company, Cjr Plastering, Clausen-Patten, Inc., Clausen-Patten, Inc., A Dissolved Corporation, Climate Air, Inc., Climate Control Co., Inc., Collins Electrical Company, Inc., Commair Mechanical Services, Consolidated Insulation, Inc., Cosco Fire Protection, Inc., Cosco Sprinkler, Critchfield Mechanical, Inc., C & R Plastering, Inc., Csk Auto, Inc., Cupertino Electric, Inc., Delucchi Sheet Metal Works, Dilland Sederberg Plumbing, Does 1-8500, Domco Products Texas Inc., Domco Products Texas, L.P., Donovan Construction, Dorn Refrigeration, Dorn Refrigeration And Air Conditioning, Dpr Construction, Duro Dyne Corporation, D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Emil J. Weber Electric Co., Erwin Mechanical Inc., Ex- Fme, Inc. (Fka Fischbach And Moore Electric,, Fairmont Hotel Company, Fluor Corporation, Foley Electric Co., Foley Electric, Inc., Fuller Floors, General Mills, Inc., Giampolini & Co., Graybar Electric Company, Inc., Hanson Permanente Cement, Inc. Formerly Known As, Harold Beasley Plumbing And Heating, Inc., Harry Lee Plumbing & Heating, H & C Investment Associates, Inc., Henry C. Beck Company, Imperial Plastering & Drywall, Insulation Specialties, Inc., James A. Nelson Co., Inc., Johnson Controls, Inc., Jones Plastering Company, Joseph Bruno Sheet Metal Co., Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, J.W. Mcclenahan Company, Inc., Kentile Floors, Inc., Laub Sheet Metal Works, Lone Star Industries, Inc., Mack Construction Co., Magee, Robert, Malm Metal Products, Inc., Marine Engineering And Supply Company, Marshco Auto Parts, Inc., Mattock Construction Company, Mcclure Electric, Inc., Metropolitan Life Insurance Company, Michael Brothers, Midstate Mechanical, Inc., Mitchell Bros. Truck Lines, Inc., Monsanto Company, Sued As "Pharmacia Corporation", Oakfabco, Inc., Ortho-Craft, Pacific Fireproofing, Pacific Mechanical Corporation, Parker Insulation Contracting & Supply Co. Inc., Perini Corporation, Pharmacia Corporation, Which Will Do Business In, Pribuss Engineering, Pribuss Engineering, Inc., Raymond Interior Systems-North, Red Top Electric Co. Emeryville, Inc., Robert Magee, Rollie R. French, Inc., Rollins Construction, Rountree Plumbing & Heating Inc., Scott Co. Of California, S F L, Inc., S.J. Amoroso Construction Co., Inc., Slakey Brothers, Inc., Sugden Engineering Co., Swinerton Builders, Temper Insulation, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The W.W. Henry Company, Tuttle And Bailey Corp, Van Mulder Sheetmetal, Van-Mulder Sheet Metal, Inc., Walnut Creek Sheet Metal, Furnace & Air, W.C. Thomason, W.C. Thompson, Webcor Builders, Inc., Westburne Supply, Inc., Willard Electric, Wright Schuchart Harbor, Wright Schuchart Harbor Company, Ross, Jean, Ross, Robert, for civil in the District Court of San Francisco County.
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GILBERT L. PURCELL, ESQ., S.B. #113603 JAMES P. NEVIN, ESQ.. S.B. #220816 ELECTRONICALLY: 2]) jnevin@braytonlaw.com FILED BRAYTON*PURCELL LLP 3) Attorneys at Law Superior Court of California, 222 Rush Landing Road SE Eee 4]| P.O. Box 6169 10/01/2018 _|| Novato, California 94948-6169 eee. aus 5]] (415) 898-1555 : va CARANTO. 6 || Attorneys for Plaintiffs 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11]| ROBERT ROSS and JEAN ROSS, ASBESTOS No. CGC-10-275731 12 Plaintiffs, PLAINTIFFS’ SCOPE OF TESTIMONY 13 ]} vs. WITNESS LIST 14] C.C. MOORE & CO. ENGINEERS; Defendants as Reflected on Exhibit | 15 ]| attached to the Summary Complaint herein; and DOES 1-8500. Trial Date: October 1, 2018 Dept.: 624 LIFORNTA 94948-6169 eee ATTORNEYS A’ BRAYTONPURC! NOVATO, KAnjured.19349 wria WITLST-Scope of testimony - 2018.wpd PLAINTIFFS’ SCOPE OF TESTIMONY WITNESS LISTPlaintiffs’ Scope of Testimony Witness List Robert Ross and Jean Ross NAME PARTY |ACTUALLY|BRIEF DESCRIPTION LENGTH | LENGTH SUB- TOTAL CALLING | EXPECTED |OF TESTIMONY OF DX OF CX TOTAL | (in hours) TO (in hours) | (in hours) | in hours) TESTIFY Robert Ross Plaintiff Yes Plaintiff 2 1 3 Jean Ross Plaintiff Yes Plaintiff 1 0.5 1.5 Diane Ross Plaintiff Yes Plaintiff Robert Ross’ daughter 03 0.2 0.5 Charles Ay Plaintiff Yes Charles Ay is certified by the State of California as a CA 3 2 5 CAC, Certified Asbestos Consultant, pursuant to Business and Professions Code § 7180. He is certified as an asbestos building inspector, management planner, and worker/supervisor under AHERA. He is certified by the Environmental Protection Agency and NIOSH to sample and evaluate airborne asbestos fibers. He has been engaged in inspecting commercial, residential, and industrial premises for asbestos since 1984. Mr. Ay is also a retired journeyman insulator and pipefitter, and a specialist in all aspects of an associated with the identification, composition, content, constituents, application, physical characteristics, and removal of asbestos and virtually all asbestos-containing products, dusts and debris, and associated contamination exposures, including but not limited to shipboard, land-based, and vehicle applications, including but not limited to refineries, ships, shipyards, chemical plants, residences, schools, commercial facilities, vehicles, and equipment. Mr. Ay will testify about all the above topics and related matters as well as identification, application, removal of, and potential exposure from, any and all asbestos and asbestos-containing products from any and all types of locations, equipment, and circumstances.Donald Breyer, M.D. Plaintiff Donald Breyer, M.D., is a radiologist and a "B" reader. Dr. Breyer will testify regarding all aspects of asbestos as it relates to his specialty of radiology and imaging, and his opinions and conclusions regarding radiology in the case, interpretation and profusion scoring of the x-rays, CT scans, HRCT scans, PET scans, and/or any other radiology, as well as all related foundational aspects of these subjects, including, but not limited to how imaging is obtained, equipment used, methods and techniques, "B" reading, ILO training, films, testing, etiology, diagnosis, progress of disease, costs of radiology, and prognosis. Arnold Brody, Ph.D. Plaintiff Arnold R. Brody, Ph.D., is a cellular biologist who specializes in lung biology and pathology in relation to asbestos diseases. Dr. Brody will testify as to all aspects of asbestos diseases including but not limited to anatomy, fundamental biology, body systems and organs, and. associated asbestos-induced pathology and pathogenesis of human and animal disease processes, causation of asbestos-related diseases, both non-malignant and malignant, and the deposition and distribution patterns of inhaled fibers, molecular aspects of asbestos disease, dose response, individual susceptibility, long latency, and how this relates to asbestos exposures encountered in buildings and/or the work place, and the offensive and injurious aspects of asbestos fiber deposition once inhaled. He will also testify regarding asbestos’ effects on immune systems. Dr. Brody will use a PowerPoint slide demonstrative to accompany his opinions. Richard Cohen, M.D. Plaintiff Richard Cohen, M.D., M.P.H., is a specialist in epidemiology, preventive medicine, and occupational medicine. Dr. Cohen will testify as a broad spectrum of subjects relating to the injured party’s asbestos-related disease, including but not limited to: an overview of the thoracic region, and overview of asbestos-related diseases, diagnosis of the injured-party’s diseases, uecausation, epidemiology, past and future treatment, prognosis, and reasonable value of past and future medical treatments and/or costs, exposure, asbestos risks and disease, all aspects of asbestos as a subject of his expertise, dose response, latency, individual susceptibility, historical state of the medical, scientific, industry, and company knowledge concerning asbestos- related hazards, dangers, and diseases and regarding the nature, asbestos content, and use of asbestos products and exposure to asbestos both generally and specifically from defendants” products and/or conduct. Dr. Cohen may testify as to asbestos products defects, the release of asbestos fibers from asbestos products, disease potential of various asbestos products, asbestos health hazards, industry awareness, exposures, regulatory aspects of asbestos, and state of the art relating to the hazards, dangers, and diseases of asbestos, applicable rules and regulations, other industrial hygiene related issues, and the offensive and injurious aspects of asbestos fiber deposition once inhaled. Dr. Cohen may also testify regarding the addictive nature of cigarettes, the addictive properties of tobacco products and tobacco smoke, issues involved with smoking cessation, and the effects of cigarette smoke on the brain, body and central nervous system, as well as all foundational and related aspects of the above topics. He may rely on various diagnostic tools, performed by himself, other experts (regardless of whether or not they themselves are disclosed or offered for deposition), and/or treaters, including but not limited to: any and all types of radiology (films and/or reports), pathology reports, pulmonary function tests results, physical examinations, medical history, occupational history, and any other diagnostic tools. Nancy Fraser Michalski / Marilyn Pacheco Plaintiff Nancy E. Fraser Michalski, RN, BSN, and Marilyn Pacheco, CPC, specialists in evaluating and determining the costs of past and future medical care. Their experience has included medical procedure cost assessment, and medical case management. Ms. Fraser Michalski is a Certified Legal Nurse Consultant. Ms.Pachecho is a Certified Professional Coder (CPC). They research the costs for various medical procedures, and also design cost evaluations and assessments. Nancy Fraser Michalski and Marilyn Pacheco will testify regarding reasonable value and costs associated with past and/or future medical care, including the various procedures that are utilized in medical monitoring and treatment of asbestos-related diseases. Robert W. Johnson | Plaintiff Yes Mr. Robert Johnson and Mr. James Mills are forensic 3 2! 5 / James Mills economists. They will testify regarding all aspects of forensic economic analysis in general and specific to the particular case, including but not limited to, economic loss, methods, factual assumptions, the value of lost income, including but not limited to wages, earning capacity, pensions, social security, and other economic losses. They may testify regarding the value of lost household services. They 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. They may also testify regarding past economic trends effecting medical costs of aspects of all the above topics. They may also testify as to the financial statements and condition of various defendants in second punitive damages phase of the trial, and if so will be offered and produced during that second phase for discovery on their financial conditions opinions. Robert Mutterperl, Plaintiff Yes Treating physician who will testify as to Mr. Ross’ 1 2 3 D.O. diagnosis, treatments and medical costs Fred Volberg Plaintiff Maybe |ASSOCIATED INSULATION OF CALIFORNIA 1 0.5 1.5 COR/PMK TOTALS 23.3 16.2 39.5 PLAINTIFFS CASE: x direct examination: 23.3 hours DEFENDANTS’ CASE: 2z direct examination: Unavailable A cross examination: 16.2 hours A cross examination: Unavailable GRAND TOTAL: _ TBD. hours NOTE: The above estimate includes all potential witnesses with outside estimates for direct and cross. There are several witnesses that will not be called due to unavailability and/or re-evaluation as trial proceeds.BRAYTON PURCELL LLP Som INAH PF wD PROOF OF SERVICE BY LEXIS-NEXIS E-SERVICE Jam cmploycd in the County of Marin, State of California. | am over the age of 18 years and am not a party to the within action. My business address is 222 Rush Landing Road, P.O. Box 6169, Novato, California, 94948-6169. On \c i AG , electronically served (E-Service) the following documents: PLAINTIFFS’ SCOPE OF TESTIMONY WITNESS LIST on the interested parties in this action by causing File & ServeXpress E-Service program to transmit a true copy thereof to the following party(ies): SEE ATTACHED SERVICE LIST The above document was transmitted by File & ServeXpress E-Service and the transmission was reported as complete and without error. Executed on at Novato, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Robert Ross and Jean Ross v. C.C. MOORE & CO. ENGINEERS, et al. San Francisco Superior Court Case No. CGC-10-275731 PROOF OF SERVICE BY E-SERVICE -Brayton-Purcell Service List ] Date Created: 10/1/2018-12:18:33 PM Run By : Pasisz, Laura (LDP) Created by: LitSupport - ServiceList - , BPImport Matter Number; 19349.004 - Robert Ross Selman Breitman, LLP - San Francisco Spanos Przetak Office 475 14" Street, Suite 550 33 New Montgomery, 6" Floor Oakland, CA 94612 San Francisco, CA 94105 5t0-250-0200 510-380-6354 (fax) 415-979-0400 415-979-2099 (fax) Defendants: Defendants: Spanos Przetak (SPAPRZ) Associated Insulation of California {ASSOC) i