Motion,Ex Parte: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                Brypow
Huco & PARKER
139 MAIN STREST
207 FLOGR
San Francisco, CA P4105,

Edward R. Hugo [Bar No. 124839]
P. M. Bessette [Bar No. 127588]
Josette D. Johnson [Bar No. 195977]
BRYDON HUGO & PARKER

135 Main Street, 20°" Floor

San Francisco, California 94105

Telephone: (415) 808-0300
Facsimile: (415) 808-0333
Email: service@bhplaw.com

Attorneys for Defendant

SWINERTON BUILDERS;

A. TEICHERT & SON, INC.;
ROUNTREE PLUMBING & HEATING,
INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

MAY 28 2013

Clerk of the Court
BY: VANESSA WU
Deputy Clerk

SUPERIOR COURT - STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

vs.

C.C. MOORE & CO. ENGINEERS, et al.,

Defendants.

(ASBESTOS)
Case No. CGC-10-275731

DECLARATION OF JOSETTE D.
JOHNSON IN SUPPORT OF
DEFENDANTS’ EX PARTE
APPLICATION FOR AN ORDER
ALLOWING DEFENDANTS TO
AUGMENT THEIR EXPERT WITNESS
DISCLOSURES

Date: August 24, 2010
Time: 13:30 a.m.

Dept.: 220

Judge: Hon. Harold E. Kahn

Action Filed: May 1, 2007
Trial Date: August 30, 2010

J, JOSETTE D. JOHNSON, declare as follows:

1. Tam an attorney licensed to practice before all the courts of the State of

California and practice with the law firm of Brydon Hugo & Parker, attorneys of record.

for Defendants SWINERTON BUILDERS, A. TEICHERT & SON, INC., and ROUNTREE

PLUMBING & HEATING, INC. in the above-referenced matter. | have personal

knowledge of the facts stated herein, or have gained such knowledge from my review of

the records and documents maintained in our file in the regular course of business and, if

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DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION
FOR AN ORDER ALLOWING DEFENDANTS TO AUGMENT THEIR EXPERT WITNESS DISCLOSURESBrypow
Huco & PARKER
139 MAIN STREST
207 FLOGR
San Francisco, CA P4105,

called as a witness, I could and would testify competently thereto.

2. The trial date in this matter is June 10, 2013. Pursuant to the court’s Case
Management Order of June 9, 2012, section 8, the expert discovery in this matter closes on
June 10, 2013. Expert designations were due on April 19, 2013.

3. April 19, 2013, defendants served their designations of expert witnesses,
each of which stated that defendants designate “all individuals designated as expert
witnesses by and other defendant (included but not limited to Berry & Berry as
designated defense medical scheduling counsel).” Attached hereto as Exhibits A
through C are the expert witness disclosures of defendants Swinerton Builders, A.
Teichert & Son, Inc., and Rountree Plumbing & Heating, Inc.

4. In addition to the paragraph designating Berry & Berry experts, it was

defendants’ intention to individually identify each of the Berry & Berry experts in
defendants’ disclosure. However, defendants’ designation inadvertently failed to
individually identify the experts designated by Berry & Berry, and failed to include the
appropriate disclosure regarding the scope of those experts’ expected testimony pursuant
to Code of Civil Procedure section 2034.260.

5. On April 19, 2013, Berry & Berry disclosed the following expert witnesses:
Gerald Meyers, MD, Robert Morgan, MD, Khalil Sheibani, MD, Samuel Spivak, MD, and
Noel S. Weiss, MD. Attached hereto as Exhibit D is a true and correct copy of Berry &
Berry’s expert witness disclosure.

6. On May 6, 2013, Berry & Berry offered each of its disclosed experts for
deposition. The deposition offer stated that it was made on behalf of several defendants,
including Rountree Plumbing. Attached hereto as Exhibit E is a true and correct copy of
the offer letter.

7. On May 8, 2013, plaintiffs declined the offers of deposition of the Berry &
Berry experts, and the letter declining the depositions was provided to defense counsel on
May 9, 2013. A true and correct copy of plaintiffs’ correspondence declining the
depositions is attached hereto as Exhibit F.

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DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION
FOR AN ORDER ALLOWING DEFENDANTS TO AUGMENT THEIR EXPERT WITNESS DISCLOSURESBrypow
Huco & PARKER
139 MAIN STREST
207 FLOGR
San Francisco, CA P4105,

8. On May 10, 2013 defendants Swinerton, Rountree and A. Teichert sent
correspondence to Plaintiffs counsel confirming that the experts offered for deposition by
Berry & Berry were considered declined as to Swinerton, Rountree and A. Teichert, and
requested that plaintiffs advise immediately if that were not the case. Defendants did not
receive any response from plaintiffs to their May 10, 2013 correspondence. A true and
correct copy of defendants’ correspondence is attached hereto as Exhibit G.

9. On or about May 9, 2013, defendants realized that their expert designations
had inadvertently failed to specifically name the individual Berry & Berry experts. On
May 10, 2013, defendants served supplemental expert designations which specifically
named each of the individual Berry & Berry experts. A true and correct copy of the
supplemental expert designations of defendants Swinerton Builders, A. Teichert & Son,
Inc., and Rountree Plumbing & Heating, Inc. is attached here to as Exhibit H through J.

10. Defendants have not received an objection or any other response from
plaintiffs to defendants’ supplemental expert designations.

11. On May 20, 2013, I attempted to meet and confer with plaintiffs regarding
defendants’ supplemental expert witness designation. I requested, via letter, that
plaintiffs agree to waive any objection to defendants’ supplemental designation.
Attached hereto as Exhibit K is a true and correct copy of May 20, 2013 correspondence.
Ihave received no response.

12. Plaintiffs will not be prejudiced if defendants’ application to augment their
expert witness disclosures is granted as the experts at issue, and their scope of expertise,
have already been disclosed to plaintiffs through Berry & Berry. Moreover, plaintiffs
have already been provided the opportunity, which they have declined, to depose these
experts. On the other hand, should defendants not be allowed to augment their expert
witness disclosures, and the court excluded the Berry & Berry expert witnesses on that
basis, defendants will suffer substantial prejudice. Plaintiff's alleged injury is colon cancer,
and the issue of whether asbestos can cause colon cancer is strongly contested. If
defendants are precluded from presenting the expert medical opinions of the Berry &

3

DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION
FOR AN ORDER ALLOWING DEFENDANTS TO AUGMENT THEIR EXPERT WITNESS DISCLOSURESBrypow
Huco & PARKER
139 MAIN STREST
207 FLOGR
San Francisco, CA P4105,

Berry experts, defendants will be foreclosed from presenting a medical defense in this
matter.

13. This request must be made ex parte as there is not sufficient time to have
the motion heard on the regular 16 Court days notice as the trial date in this matter, June
10, 2013.

14, On May 28, 2013, in accordance with California Rules of Court, Rule
3.1203(a), I notified Plaintiff's counsel that defendants would be bringing the instant ex
parte application. Attached hereto as Exhibit L is a true and correct copy of the notice
sent to the Brayton Purcell office.

I declare under penalty of perjury under the laws of the State of California that

the foregoing is true and correct.

Dated: May 28, 2013

osette D. Johnson

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DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION
FOR AN ORDER ALLOWING DEFENDANTS TO AUGMENT THEIR EXPERT WITNESS DISCLOSURESEXHIBIT Awow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

Edward R. Hugo [Bar No. 124839]
P. M. Bessette [Bar No. 127588]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, CA 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

Email: service@bhplaw.com

Attorneys for Defendant
ROUNTREE PLUMBING & HEATING, INC.

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS, (ASBESTOS)

Case No, CGC-10-275731
Plaintiffs,
DEFENDANT ROUNTREE PLUMBING &
vs. HEATING INC.’S DESIGNATION OF
EXPERT WITNESSES AND ATTORNEY
C.C. MOORE & CO. ENGINEERS, et al., | DECLARATION IN SUPPORT THEREOF
[C.C.P. § 2034]

Defendants.

Defendant ROUNTREE PLUMBING & HEATING, INC. (“Defendant”) hereby
serves its Designation of Expert Witnesses. Given the fact that a large amount of discovery
in this case is yet to be completed, this witness list is provided based upon information
available at this time concerning Defendant's potential trial witnesses. In some areas,
Defendant may be able to reduce this list as issues are eliminated by the discovery process.
Likewise, as new issues arise during discovery, Defendant reserves the right to supplement
this list upon a showing of good cause. Defendant will make the identified witnesses
available for depositions at a mutually convenient time, and other discoverable information
requested by Plaintiff concerning these witnesses will be provided upon request and as and
when ascertained by Defendant.

1. Joel M. Cohen and Tim Bormann, C.I.H., M.P.H., The Cohen Group, Three

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

Waters Park Dr., Suite 226, San Mateo, CA 94403.

2. Paul J. Donald M.D., Professor and Vice Chairman, Director, Center for Skull
Base Surgery and Chairman, Department of Otolaryngology, University of California,
Davis Medical School.

3. Michael Graham, M.D., St. Louis University Medical Center, Department of
Forensic Pathology, 3556 Caroline Street, St. Louis, MO 63104.

4, William Hughson, M.D., University of California, San Diego, Occupational
Health Center (H772A), 3916 Fourth Avenue, Suite 175, San Diego, California 92103, (619)
294-6206.

5. Alberto Marchevsky, MD, Department of Pathology And Laboratory
Medicine, Cedars-Sinai Medical Center, 8700 Beverly Boulevards, Los Angeles, CA 90048.

6. James O. Rasmuson, Ph.D.., C.1-H., D.A.B.T., P.O. Box 17688, Denver, CO
80217-0688.

7. Charles Redinger, CIH, Redinger EHS, 6 Lancaster County Rd., #3, Harvard,
MA 01451.

&. David Weill, M.D., University of Colorado Health Sciences Center; 4200 E.
Ninth Avenue; Box C272, Denver, CO 80262.

9. All individuals designated as expert witnesses by any other defendant
(including, but not limited to, Berry & Berry as designated defense medical scheduling
counsel), notwithstanding that, subsequent to the filing of a defendant's list of experts, such
defendant may have settled or have been dismissed from the action;

10. All individuals hereinafter selected and designated as experts pursuant to the
provisions of Code of Civil Procedure §2034(h)(k);

11. All persons, except consultants, who have in any way treated plaintiff,
reviewed plaintiff's medical records, or undertaken any diagnostic or treatment

procedures, and

12. All custodians of medical records of plaintiff, to the extent that opinion

testimony of such custodians is needed for proper authentication of the records.

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

Defendant reserves the right to withdraw any expert witness designated herein.

Except for reports which Defendant understands other defendants may have
supplied to plaintiff's counsel, all discoverable reports or writings, if any there are, of any
expert witness designated herein have previously been supplied to counsel for plaintiff or
are being supplied concurrently with this designation. If discoverable writings are
received by Defendant subsequent to this designation, they wil! promptly be supplied to
counsel for plaintiff.

Not all experts listed are presently expected to testify at trial, Because multiple
asbestos trials are set for every week of the year, in multiple jurisdictions, and because
asbestos cases frequently trail before assignment to a trial judge, this designation includes
some “back-up” experts who will testify if an intended witness is otherwise unavailable to
testify. Similarly, certain experts are designated on issues which plaintiff has pled and may
raise at trial, but which may not be actually pursued at trial. In addition, defendant
reserves the right to name a “substitute” expert should a designated expert be unable to
testify due to circumstances beyond said expert's or this defendant's control.

Defendant is not aware of all of the areas of testimony or proof that plaintiff intends
to produce at trial and, therefore, it cannot proffer all expected testimony until it has had
the benefit of reviewing all of the plaintiff's expert's reports and opinions. To the extent
that a witness expresses an opinion at trial or in discovery that has not been divulged prior
to the time that this statement was served on counsel, and. which creates a need for
additional areas of rebuttal testimony or proof, Defendant reserves the right to supplement

this statement.

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]1 Because plaintiffs have not narrowed their claims for trial, Defendant has attempted
2 ||to anticipate such potential claims and have designated the most probable witness(es)
3 | [responsive to the claims which Defendant anticipates plaintiff may assert at trial. Since
4 ||Defendant lacks control over the selection of common or joint defense experts, further
5 ||precise designation of experts by Defendant is precluded at this time.
6
7 ||Dated: April 19, 2013 BRYDON HUGO & PARKER
8
9 By: __/s/ Edward R. Hugo
Edward R. Hugo
10 P.M. Bessette
Attorneys for defendant:
11 ROUNTREE PLUMBING & HEATING, INC.
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BRYDON 4
aera DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
gan Farle ea 9108 AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

DECLARATION

I, P.M. BESSETTE, declare:

lam an attorney at law licensed to practice in the State of California and am a
member of the law firm of BRYDON HUGO & PARKER, one of the attorneys for
ROUNTREE PLUMBING & HEATING, INC. and am counsel of record for this Defendant.
lam informed and believe that the following statements are true and correct:

1. Joel M. Cohen or Tim Bormann, C.LH., M.P.H., The Cohen Group, Three
Waters Park Dr., Suite 226, San Mateo, CA 94403. Mr. Cohen and Mr. Bormann are
Certified Industrial Hygenists. They will testify regarding industrial hygiene principles and
standards including but not limited to, OSHA and ACGIH standards, the evolution and
history of threshold limit values (TLVs) and permissible exposure limits (PELs), the relative
friability of different asbestos-containing products, and on related issues.

Mr. Cohen or Mr. Bormann will be called to testify regarding his knowledge of the
type of products utilized and worked with by ROUNTREE PLUMBING & HEATING,
INC,, their use and the potential for exposure to airborne asbestos fibers experienced by
plaintiff/decedent who either worked directly with the products or claim vicinity exposure.
Mr. Cohen or Mr. Bormann will also testify as to plaintiff’s/decedent’s total exposure to
asbestos and what role plaintiff’s/decedent’s exposure to asbestos-containing products
utilized and worked with by ROUNTREE PLUMBING & HEATING, INC,, if any, played
in the context of plaintiff’s/decedent’s total exposure. Mr. Cohen or Mr. Bormann will also
testify as to the industrial hygiene state of the art regarding asbestos-related products.

Mr. Cohen's and Mr. Bormann’s hourly rates for deposition and trial will be
provided upon request.

2. Paul J. Donald, M.D., F.R.C.S.(C.), Professor and Vice Chairman, Director,
Center for Skull Base Surgery and Chairman, Department of Otolaryngology, University of
California, Davis Medical School. Dr. Donald is Board Certified in Otolaryngology and
Facial Plastic and Reconstructive Surgery. He specializes in head and neck cancer surgery,

oncology, surgery of the skull base, sinus surgery, and plastic and reconstructive surgery of

5

DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

the head and neck. Dr. Donald is also a specialist in surgery of the skull base as it applies
to the treatment of malignant tumors. He has done significant research in the areas of
pathophysiology of frontal sinus disease and of head and neck cancer, especially as it
relates to the skull base. He has also published several articles concerning the relationship
of oral malignancies, including malignancies of the tongue and throat, to environmental
factors including smoking.

Dr. Donald has agreed to testify at trial and will testify, if called, as to the following:

A. His review and opinions concerning the medical, pathological and clinical
findings in this matter.

B. The anatomy and function of the bodily systems and disease processes. He
will opine as to the diagnosis of environmentally-related disease (including
occupational diseases) and cancer in bodily organs or systems and the nature
and extent of medical and scientific knowledge regarding any association of
disease with specific environmental irritants including exposure to various
agents or chemicals including dust, smoke or other substances in the
development and manifestation of human diseases;

c The incidence of oral cancer in the general population, and more specifically

oropharyngeal cancer, and those individuals exposed to asbestos;

D. Cigarette and other substance smoking and/or alcoho! consumption and their
effect on the oral cavity, specifically the oropharynx and other organs;

E. The possible causation factors of plaintiff's oropharyngeal cancer, including
his opinions re various possible causative factors including such factors as

smoking (of any substance), alcohol consumption, the Human Papillomavirus

[HPV], etc.;
EF. The state of medical knowledge regarding the causation of cancers;
G. As defendants become aware of additional facts and the opinions of plaintiff's

experts, Dr. Donald may be designated to testify as to the opinions suggested.

by the additional facts or in response to the opinions of plaintiff's experts.

6

DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

The observations and opinions offered by Dr. Donald in this matter will be based on
his review of the materials provided: a continuing review of the available scientific
literature relating to the health effects of materials of interest in this matter and Dr.
Donald's education, research in the field and professional experience.

If this witness is called in this case, he will be prepared to give a deposition relative
to his opinions in this case upon request by opposing counsel. Dr. Donald’s hourly rate for
deposition testimony is $750.00.

3. Michael Graham, M.D., St. Louis University Medical Center, Department of
Forensic Pathology, 3556 Caroline Street, St. Louis, MO 63104. Dr. Graham is a licensed
physician, specializing in pathology and epidemiology, who has agreed to testify at trial,
and will testify, if called, as to the epidemiology and pathology of asbestos-related diseases
and the effects of exposure to asbestos-related products and as to causation. In addition,
Dr. Graham may give testimony concerning asbestos-related or other related diseases and
the effects of exposure to various asbestos-containing products upon persons in
occupational settings. He may further testify regarding the epidemiology of asbestos
diseases, the criteria for diagnosis of asbestos-related disease, as well as the existence of a
dose response relationship between exposure to asbestos and asbestos-related diseases.

He may also testify regarding asbestos-containing products generally, including
their asbestos fiber content, manufacture, use and their respective ability to cause or
contribute to disease. He may also testify regarding the determination of the relative risks
of suffering personal injury or death as a result of response relationship between exposure
to asbestos and asbestos-related disease for each type of disease alleged. Dr. Graham may
provide an opinion that the foreseeable use, installation or removal of Defendant's
products during a human life span cannot produce an appreciable risk of any asbestos-
related disease and cannot cause or contribute to any asbestos-related disease. He may also
testify regarding the existence or non-existence of any alleged asbestos-related disease in
Plaintiff, including but not limited to pleural changes, asbestosis and mesothelioma or

other cancers, where applicable.

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

Dr. Graham may also testify that the non-occupationally exposed general public is
not at risk for the development of an asbestos-related condition or disease, even though
there is asbestos in the ambient air. Thus, because of the large dose needed to cause an
asbestos-related disease, a single asbestos fiber or diminumus exposures cannot cause or
contribute to disease. He may also testify on the health consequences of smoking and the
relationship between smoking and alleged asbestos-related diseases, generally and with
respect to Plaintiff. He will testify regarding the contribution, if any, of smoking and
asbestos or other substances, if any, to this plaintiff's disease. He may also testify regarding
the biological effects of asbestos and the evidence of the relationship between the
inhalation of various forms of asbestos fibers and asbestos-related disease and the factors
that go onto evaluating whether there is any medical risk from asbestos-containing
products.

Dr. Graham may also provide testimony concerning the biological effects of asbestos
and various other dusts, cancer research, the practices and protocols regarding publication
of scientific research and the history of research into such matters in the United States and
elsewhere including state of the art. Dr. Graham may also be asked to respond to the
testimony of certain witnesses offered at the time of trial including, but not limited to,
testimony from Plaintiff's experts regarding the alleged hazards of exposure to “friction”
materials and their alleged propensity to release fibers.

Generally, he may testify as to his review and interpretation of pathology materials
and reports, x-ray or other films, pulmonary function testing, the nature and extent of any
impairment or disability, whether a condition is progressive and whether other diseases or
conditions are present in plaintiff. He will give an opinion that plaintiff's use, installation,
removal or contact, if any, with this Defendant's products cannot and did not cause or
contribute to this plaintiff's illness. He will further testify that Plaintiff's cancer, to the
extent it may have been caused by his occupational exposure to asbestos was caused by
amphibole asbestos in products of other than this Defendant's.

Dr, Graham's testimony will be based on one or more of the following: his training,

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

experience, education, publications and review of the medical, governmental and scientific
literature and various air sampling studies, work facility inspections and documents,
where applicable, as well as review of medical records, fiber burden or digestion studies, if
any, chest films, and all pathology materials. Dr. Graham may rely upon the exhibits,
testing and exposure to various asbestos-containing products in various settings. He may
explain the dose testimony otherwise disclosed by this Defendant in this case. Dr. Graham
may review Plaintiff and any co-worker's deposition testimony given in this case and rely
upon them as a basis for his opinions.

If this witness is to be called in this case, he will be prepared to give a deposition

relative to his opinion in this case upon request by opposing counsel. Dr. Graham bills for
deposition testimony at the rate of $360.00 per hour with a 24-hour cancellation penalty.

4. William Hughson, M.D., University of California, San Diego, Occupational
Health Center (H772A), 3916 Fourth Avenue, Suite 175, San Diego, CA 92103. Dr. Hughson
is a licensed physician and an epidemiologist, who has agreed to testify at trial and will
testify, if called, as to the relationship, if any, between exposure to asbestos and diseases.
His testimony will likely include, but not be limited to, the development of medical and
scientific knowledge with regard to the health consequences of exposure to the various
types of asbestos, with particular reference to the knowledge of the Federal and State
Governments with regard to exposure of persons in different employment and
environmental settings. This State-of-the-Art testimony is also expected to concern the
nature and causation of all asbestos-related diseases and their relationships to all types of
asbestos.

If this witness is to be called in this case, he will be prepared to give a deposition
relative to his opinions in this case upon request by opposing counsel; Dr. Hughson bills
for deposition or trial testimony at the rate of $500.00 per hour ($500.00 minimum) or
$2,000.00 per day plus expenses for testimony when he is required to leave San Diego. He
also has a 24-hour cancellation penalty.

5. Alberto Marchevsky, MD, Department of Pathology And Laboratory

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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BRYDON

Huco & PARKER
135 MAINSTREET
20" FLOOR
San Francisco, CA 94205

Medicine, Cedars-Sinai Medical Center, 8700 Beverly Boulevards, Los Angeles, CA 90048.
Dr. Marchevsky will be offered by ROUNTREE PLUMBING & HEATING, INC. as an
expert physician, with particular expertise in pathology, in the process of carcinogenesis, as
a researcher in the field of asbestos-related conditions associated with exposure of certain
populations to asbestos-containing products and/or materials, and in the epidemiological
and etiologic aspects of certain cancers that are alleged to be causally associated with
exposure of certain populations to asbestos containing products and/or materials. The
pathology testimony to be offered at trial may include the following:

A. The anatomic structure and functioning from a pathologic perspective, the
defense mechanisms and functioning of the lung in health and otherwise, the
responses of the lung to various stimuli, and the role of various components
of the respiratory system in the proper functioning of the lung. The witnesses
will describe and distinguish various types of asbestos fibers; the things
which affect the ability of asbestos fibers to affect various structures within
the respiratory system; and the body’s specific responses to fibers of asbestos
that are inhaled, whether or not they are retained.

B. The various conditions, such as asbestosis, pleural changes and other non-
malignant changes that may be attributable in some persons to the results of
long-term inhalation and retention of some forms of asbestos fibers. The
circumstances under which exposure to certain forms and types of asbestos
may be associated with the incidence of some forms of mesothelioma in some
persons, the results of their own experiences, the medical and scientific
literature, and existing epidemiological studies concerning associations that
are alleged to exist epidemiologically between exposure to asbestos in some
populations and the mortality and/or incidence of other forms of cancer.

Cc. The effects of inhaled tobacco smoke and other factors on the occurrence of

disease in populations also alleged to be exposed to asbestos containing

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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products, and the effects of inhaled tobacco smoke and other factors on the

apparent results of certain epidemiological studies.

Whether it can be said, to a reasonable degree of medical probability, that any
hypothetical person's alleged “exposure” to asbestos containing product(s)
was of importance to that individual, without reference to that person’s
individual work history, medical history, findings on physical examination
and pathological examination of tissue, if any, information concerning that

person’s use of protective equipment, specific types of asbestos containing

product(s) used and/or handled, resolution of questions regarding exposures
to substances other than asbestos-containing products, and other known

etiologies for whatever conditions are found to exist.

The diagnosis of diseases in these cases, whether the diagnosis is correct, and
whether the diseases can be causally related to exposure to asbestos.

The alleged occupational exposure —as described by Plaintiffs’ witnesses —
and whether such exposure could be considered a substantial contributing
factor to Plaintiffs’ alleged disease. ‘The risks associated with exposures to
different types of asbestos fibers and whether such exposures were a
substantial contributing factor to Plaintiffs’ alleged disease. The fiber burden
results in this case, if any.

The medical state of the art including risks generally appreciated and
understood by the medical community as a result of exposure to asbestos-
containing products, and whether it was understood that such exposures
presented a risk of harm to individuals such as Plaintiffs.

The pathologic, scientific and epidemiological testimony which may be
offered by Plaintiffs’ experts.

The different types of asbestos fiber, their physical and chemical composition,

as well as their potential to cause disease. The specific exposures in this case,

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as alleged by Plaintiffs’ and co-workers and to determine whether the alleged

exposures created a significant risk of asbestos-related disease.

J. In expressing their opinions, these pathology experts will rely on their
training, education, experience, research and publications, as well as the
published medical and scientific literature available and a review of the
pathological materials available in this case.

K These witness may also testify regarding risks from low exposures to
chrysotile asbestos and that there is no reliable scientific method that allows
an expert to opine that every exposure above background is a substantial
contributing cause of mesothelioma.

L. In addition, as to the scope of the testimony of these witnesses, ROUNTREE
PLUMBING & HEATING, INC. also adopts herein, and fully incorporates,
paragraph K from the statement of expected testimony listed above under
Industrial Hygienists.

Dr, Marchevsky’s hourly rate for deposition and trial will be provided upon request.

6. James O. Rasmuson, Ph.D., C.LH., D.A.B.T. P.O. Box 17688, Denver, CO

80217-0688. James O. Rasmuson, Ph.D., is an industrial hygiene, toxicology, and chemical
consultant. He holds two certifications from the American Board of Industrial Hygiene in
Comprehensive Practice and Chemical Aspects of Industrial Hygiene. He is also a diplomat
of the American Board of Toxicology, being certified in the field of toxicology. His Ph.D.
(1970, lowa State University) is in Analytical Chemistry. Dr. Rasmuson or a designated
individual from his firm, Chemistry and Industrial Hygiene, Inc., will testify in the areas of
retrospective exposure assessment, health risk assessment, product apportionment with
respect to asbestos exposures, substantial exposure factors, the relative and absolute
potentials of various asbestos products to produce dust, industrial hygiene and
environmental standards and their basis, control technology and process-specific aspects of

exposure, analytical chemistry, chemistry, asbestos related measurement techniques,

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general industrial hygiene issues including the effects of ventilation and distance on
exposure, and related subjects. He may also testify on the state of the art in fields of
industrial hygiene and toxicology concerning occupational and non-occupational asbestos
exposures in earlier years. Dr. Rasmuson will calculate the possible percentage ranges of
asbestos exposure from the defendant's products. He will calculate the probability that the
plaintiff would have contracted an alleged asbestos-related disease of exposure to the
defendant’s products. He will also perform other appropriate risk calculations and
compare the plaintiff's exposures to industrial hygiene standards of the time period.

Dr. Rasmuson’s hourly rate for deposition and trial will be provided upon request.

7. Charles Redinger, CIH., Redinger EHS, 6 Lancaster County Rd., #3, Harvard, MA
01451. Charles Redinger has agreed to testify at trial and will testify, if called, regarding the
following:

A. Occupational exposures of Plaintiffs as described by Plaintiffs and/or
Plaintiffs’ co-workers (including products for which Perini allegedly is legally
responsible) and whether such exposures could be considered as creating a
scientifically significant amount of risk for the development of an asbestos-
related disease. The manner in which a risk assessment properly may be
performed for individuals in various trades or occupations, and a risk
assessment for the Plaintiffs in these cases.

B. The recognition, evaluation and control of health and safety hazards. The
accepted standards, industrial hygiene practices and workplace safety
practices during the years of Plaintiffs’ employment.

c The principles of industrial hygiene and the factors that are important to
industrial hygiene studies. The manner in which experts use industrial
hygiene data and how the data should be interpreted in specific cases. The
manner in which industrial hygiene data should be properly considered in

evaluating exposures.

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The testing data (if any) used by Plaintiffs’ expert and testing methods and
corresponding data. The studies of Plaintiffs’ experts and published studies
and work performed by others in the past. The available scientific and
industrial hygiene literature relating to Plaintiffs’ alleged exposures. These
witnesses may rely upon their own test data and/or data that they find
reliable, including but not limited to, any relevant site inspection(s), to
express an opinion about Plaintiffs’ likely exposure to asbestos, if any, from
products for which Perini allegedly is legally responsible.

The state of the art of industrial hygiene during the times relevant to
Plaintiffs’ alleged exposures. State of the art testimony may include whether
it was recognized that a risk of development of asbestos-related disease was
recognized for persons such as Plaintiffs or for products for which Perini
allegedly is legally responsible and the appropriate steps to guard against
that recognized risk, if any.

The development and utility of methodologies identifying and measuring
asbestos in air, dust and products, and the process of setting threshold limit
values ("TLVs"), the OSHA PELS, and other levels for asbestos exposure.

The relationship between scientific knowledge and the development of public
policy standards relating to asbestos exposure, and all aspects of government
regulation of asbestos exposure. The development of knowledge regarding
the dose-response relationship between exposure to asbestos and disease, and
other related matters.

The expert testimony or opinions offered on behalf of Plaintiffs, including but
not limited to testimony, if any, regarding the evolution of knowledge of the
effects of asbestos exposure, standards and regulations applicable to asbestos
exposure, and testing done by or on behalf of Plaintiffs. The asbestos

exposures described by Plaintiffs or their respective co-workers in this case.

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L The different types of asbestos fiber, their physical and chemical composition,
characteristics and uses in various products as well as their potential to cause
disease. The specific exposures in this case, as alleged by Plaintiffs and/or
Plaintiffs’ co-workers, and whether the alleged exposures created a significant|
tisk of asbestos-related disease.

J. The proper and accepted protocols for analysis of airborne samples for fiber
release from asbestos-containing products, the potential for various products
to release asbestos fibers, and the government and industry standards
regarding same.

K. In formulating their opinions, these witnesses may rely upon both
unpublished and published stuclies including, but not limited to: (1)
Frederick W. Boelter, Exposure Assessment Engine Gaskets Removal and
Replacement 1963/1964 Chevrolet Impala (Boelter & Yates, Inc. 2004); (2) John
Spencer, Asbestos Exposure Assessment During the Removal of Engine Gasket
Materials (Environmental Profiles, Inc. 2003); and (3) Frederick W. Boelter,
Airborne Fiber Exposure Assessment of Dry Asbestos-Containing Gaskets and
Packings Found in Intact Industrial and Maritime Fittings. 63 AM. INDUS. HYG.
Ass’N J. 732 (2002).

If this witness is called, he will be prepared to give a deposition relative to his
opinions in this case upon request by opposing counsel. Dr. Redinger’s billing rate for
deposition and trial testimony will be provided upon request.

&. David Weill, M.D., University of Colorado Health Sciences Center; 4200 E.
Ninth Avenue; Box C272, Denver, CO 80262. Dr. David Weill is a physician, surgeon,
Associate Professor, and Director of the Lung and Heart transplant program at Stanford
University Hospital and Clinics in Palo Alto, California. Dr. Weill has agreed to testify at
trial and will testify, if called, concerning the medical condition of plaintiff and may testify
regarding causation. He will further testify as to whether plaintiff has a condition or illness

caused by asbestos exposure. He may also testify on the latency periods related to each

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type of asbestos-related disease and the carcinogenic properties of each different type of
asbestos fiber. Dr. Weill may testify as to the alleged hazards of asbestos and knowledge
thereof at any particular time, comparable rates of risk, exposure and fiber-type, and
ancillary subjects.

Dr. Weill will generally testify concerning asbestos-related diseases and the effects of
exposure to various asbestos-related products upon persons in occupational settings. He
will further testify regarding the epidemiology of asbestos diseases, the criteria for
diagnosis of asbestos-related disease, as well as the existence of a dose response

relationship between exposure to asbestos and asbestos-related diseases. He may further

testify regarding the propensity of various asbestos fiber types to contribute to
mesothelioma or other asbestos-related disease. He may also testify regarding the
determination of the relative risks of suffering personal injury or death as a result of
exposure to various asbestos-containing products in occupational settings.

Dr. Weill may testify generally regarding the role that the size, structure and
chemical composition of different types of asbestos fibers plays in their ability, or lack
thereof, to cause conditions alleged by plaintiff. Dr. Weill may also testify regarding
"Calidria" asbestos, the type of asbestos mined and sold by defendants. Dr. Weill may
testify that Calidria is a unique form of short fiber chrysotile asbestos that is tremolite-free.
He may testify that, because of its unique properties, Calidria could not have caused or
contributed to the conditions alleged. by plaintiffs.

Dr. Weill may also testify regarding the existence or non-existence of any alleged
asbestos-related disease in the plaintiff. He will also testify on general medicine issues
regarding asbestos-related diseases including, but not limited to, lung physiology, lung
function, lung defense mechanisms and the mechanisms by which asbestos fibers do or do
not cause a particular disease. He may also testify that background levels of asbestos fiber
in human tissue do not represent disease and background or ambient air exposure to
asbestos does not cause disease. He may also testify regarding government regulations

applicable to asbestos and asbestos-containing products. He may also testify on increased

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AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]wow en Dw FF WN &

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risk of cancer issues due to exposure to asbestos. He may also testify on the health
consequences of smoking and the relationship between smoking and alleged asbestos-
related diseases, generally and with respect to this plaintiff. He will testify regarding the
contribution, if any, of smoking and asbestos to this plaintiff's disease.

Generally and with respect to plaintiff, he may testify as to his review and
interpretation of x-ray films, review and interpretation of pulmonary function testing, the
nature and extent of any impairment or disability, whether a condition is progressive, and
whether other diseases or conditions were present in plaintiff. Dr. Weill may testify
regarding the effects of, any of plaintiff's illnesses or smoking history, including any effect
on life expectancy. He may discuss the nature of any disease from which plaintiff suffers
or claims to suffer, and the treatments for such disease.

If this witness is called in this case, he will be prepared to give a deposition relative
to his opinions in this case upon request by opposing counsel. Dr. Weill's fee for
deposition and trial testimony is $400 per hour.

I declare based on information and belief under penalty of perjury and the laws of

the State of California that the foregoing is true and correct.

Executed on April 19, 2013, at San Francisco, California.
oe

Lhe

P.M. BESSETTE

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DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN SUPPORT THEREOF [C.C.P. § 2034]EXHIBIT Bwow en Dw FF WN &

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Edward R. Hugo [Bar No. 124839]
P. M. Bessette [Bar No. 127588]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, CA 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

Email: service@bhplaw.com

Attorneys for Defendant
A. TEICHERT & SON, INC.

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS, (ASBESTOS)

Case No, CGC-10-275731
Plaintiffs,
DEFENDANT A. TEICHERT & SON, INC.’S
vs. DESIGNATION OF EXPERT WITNESSES
AND ATTORNEY DECLARATION IN

C.C. MOORE & CO. ENGINEERS, et al., | SUPPORT THEREOF [C.C.P. § 2034]

Defendants.

Defendant A. TEICHERT & SON, INC. (“Defendant”) hereby serves its Designation
of Expert Witnesses. Given the fact that a large amount of discovery in this case is yet to be
completed, this witness list is provided based upon information available at this time
concerning Defendant’s potential trial witnesses. In some areas, Defendant may be able to
reduce this list as issues are eliminated by the discovery process. Likewise, as new issues
arise during discovery, Defendant reserves the right to supplement this list upon a
showing of good cause. Defendant will make the identified witnesses available for
depositions at a mutually convenient time, and other discoverable information requested
by Plaintiff concerning these witnesses will be provided upon request and as and when

ascertained by Defendant.

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1. Joel M. Cohen and Tim Bormann, C.LH., M.P.H., The Cohen Group, Three
Waters Park Dr., Suite 226, San Mateo, CA 94403.

2. Paul J. Donald M.D., Professor and Vice Chairman, Director, Center for Skull
Base Surgery and Chairman, Department of Otolaryngology, University of California,
Davis Medical School.

3. Michael Graham, M.D., St. Louis University Medical Center, Department of
Forensic Pathology, 3556 Caroline Street, St. Louis, MO 63104.

4, William Hughson, M.D., University of California, San Diego, Occupational
Health Center (H772A), 3916 Fourth Avenue, Suite 175, San Diego, California 92103, (619)
294-6206.

5. Alberto Marchevsky, MD, Department of Pathology And Laboratory
Medicine, Cedars-Sinai Medical Center, 8700 Beverly Boulevards, Los Angeles, CA 90048.

6. James O. Rasmuson, Ph.D.., C.1.H., D.A.B.T., P.O. Box 17688, Denver, CO
80217-0688.

7. Charles Redinger, CTH, Redinger EHS, 6 Lancaster County Rd., #3, Harvard,
MA 01451.

8. David Weill, M.D., University of Colorado Health Sciences Center, 4200 E.
Ninth Avenue; Box C272, Denver, CO 80262.

9. All individuals designated as expert witnesses by any other defendant
(including, but not limited to, Berry & Berry as designated defense medical scheduling
counsel), notwithstanding that, subsequent to the filing of a defendant's list of experts, such
defendant may have settled or have been dismissed from the action;

10. All individuals hereinafter selected and designated as experts pursuant to the
provisions of Code of Civil Procedure §2034(h)(k);

11. All persons, except consultants, who have in any way treated plaintiff,
reviewed plaintiff's medical records, or undertaken any diagnostic or treatment
procedures; and

12. All custodians of medical records of plaintiff, to the extent that opinion

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testimony of such custodians is needed for proper authentication of the records.
Defendant reserves the right to withdraw any expert witness designated herein.