Preview
if
28 |
MCKENNA LONG &
ALpRipGe LLP
ATTORNEYS AT LAW
LISA L. OBERG (BAR NO. 120139)
DANIEL B. HOYE (BAR NO. 139683)
ALECIA E. COTTON (BAR NO. 252777)
MCKENNA LONG & ALDRIDGE LLP
101 California Street
41st Floor
San Francisco, CA 94111
Telephone: (415) 267-4000
Facsimile: (415) 267-4198
Attorneys for Defendant
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
APR 13 2010
Clerk of the Court
BY: CHRISTLE ARRIOLA
Deputy Clerk
METALCLAD INSULATION CORPORATION
SUPERIOR CouRT OF THE STATE OF CALIFORNIA
County OF SAN FRANCISCO
JOYCE JUELCH and
NORMAN JUELCH, SR.,
Plaintiffs,
Vv.
ASBESTOS DEFENDANTS, (BP), et al.,
Defendants.
Case No. CGC-07-275212
DECLARATION OF ALECIA E. Corton IN
Suprort Or DEFENDANT’S MOTION IN
LIMINE TO EXCLUDE THE TESTIMONY OF
CaRoL MCDONALD OR, In THE
ALTERNATIVE, FOR A HEARING UNDER
EVIDENCE CobE § 402 [MIL 20]
TRIAL DATE: APRIL 5, 2010
Dept.: 604
JUDGE: HONORABLE MARLA J. MILLER
SAN FRANCISCO
DECLARATION OF ALECIAE. COTTON IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF CAROL
MCDONALD OR, iN THE ALTERNATIVE, FOR A HEARING UNDER EVIDENCE CODE § 402 [MIL 20]oe NY DBD Ww BP w Ww
28
MCKENNA LONG &
ALDRIDGE LLP
ATTORNEYS AT LAW
Sat BRancisco
I, ALeciA E. Corton, declare as follows:
1. {am a member of the State Bar of California and an attorney with MCKENNA
LONG & ALDRIDGE 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 relevant excerpts from
the deposition transcript of Carol McDonald in Lawrence Davie v. Asbestos Defendants, et al.,
San Francisco Superior Court Case No. 274065, which is discussed in the attached memorandum.
3. Attached hereto as Exhibit B is a true and correct copy of relevant excerpts from
the deposition transcript of Carol McDonald in Brayton Group 477, transcript captioned San
Francisco Superior Court Case Nos. 314112 (Barlettani), et al.
T declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct,
Executed on this 4 day of April, 2010, at San Francisco, California.
=
thie S Oe
ALECIA E. COTTON
~2-
DECLARATION OF ALECIA E. COTTON IN SUPPORT OF DEFENDANT S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF CAROL
MCDONALD OR, IN THE ALTERNATIVE, FOR A HEARING UNDER EVIDENCE CODE § 402 [MIL 20]
SF:27418558.1Exhibit ACo Oe
Bw e
22
|
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
~-~O00- ~~ :
WILLIAM FOLEY, H
Plaintiff,
vs. No, 274054
ASBESTOS DEFENDANTS, E
Defendants. :
ce ren nrinanall E
RICHARD LUCIA, . :
Plaintiff, F
ve. No. 454672 I
ASBESTOS DEFENDANTS, :
Defendants .
a / :
LAWRENCE DAVIR, :
Plaintiff, ;
vs. No. 274065 E
ASBESTOS DEFENDANTS, :
Defendants. i
ROBERT FINDLA
Plaintifeé, I
ve. No, 274091 '
ASBESTOS DEFENDANTS,
Defendants.
vein eric hh E
DEPOSITION OF CAROL McDONALD
Taken before KIMBERLEY RICHARDSON
CSR No. $915
OCTOBER 21, 2008 .
£
i
ERSTE TUM Sana beeen ne
Aiken & Welch Court Reporters C, McDonald 10-21-08Page Z Page 4
t INDEX 1 SARAH VALENTINE, Burnham & Brown, 1901
2 PAGE 2 Harrison Steet, 11th Floor, Cakland, California 24612, §
3 EXAMINATION BY MR, EPSTEIN 7,34 3 appeared telephonically on behalf of the Defendant
4 EXAMINATION BY MS, MIKACICH 8 4 Golden Gate Brywail In the Lucia case.
5 EXAMINATION BY MS, WESTON a2 5
& EXAMINATION BY MS. OZAROWSKI ® ig SUSANNE ARANI, Carroll, Burdick & McDonough, |
7 7 44 Montgomery Strest, Suite 400, San Francisco,
& 8 California 94104, telephonically appeared on behalf of |
% 3 the Defendant Warren Pumps in the Foley case,
10 E
3 EXHIBETS AMEE MIKACICH, Filice, Brown, Basse & McLeod, |
43 DEFENDANTS’ PAGE 12 1999 Harrison Street, 18th Floor, Oakland, Callforvia
141 Letter fram Brayton law firm dated 11 ¥% 94612, appeared telephonically on hehalf of the
‘Oxteber £0, 2008 34 Defendant Oakfaber in the Luda case,
as 15
16 2 Curteulurn Vitae 18 16 MAGDALENA OZAROWSKI, Gordon & Rees, 275
173 E-mailed copy of binder 23 1) Battery Street, 20th Floor, San Francisco, California f
18 4 Letter dated 10-17-08 to 6 38 B11, eppaared tlephoaicely on behalf ofthe
a9 Ms. McDonald 39. Befendant Leslie Controls irs the Foley case,
20
2 2 HELEN CHANG, Lewis, Brisbols, Bisgaard &
2 2 Smith, One Sansome Street, Sulte 1400, San Francisca, #
23 23 California 94104, appeared telephonically on behalf of
24 24 the Deferdiant Plant Insulation Company in the Findlay |
25 . 25 case,
Page 3 Page $
L DEPOSITION OF CAROL McDONALD £ PAMELA HELMAN, Low, Ball & Lynch, 505
2 2 Montgomery Street, 7th Floor, San Francisco, Californie
3 ‘BE IT REMEMBERED, that pursuant to Notice, and on 3 94211, appeared telephonically on bebulf of the
4 the 21st day of October 2006, commencing at the hour of | 4 Defendant Marchetti Construction, Inc., in the Findlay
5 8:00 a.m, in the offices of Alken & Welch, One Kaiser 5 case, E
6 Plaza, Suite 505, Qaldand, Californie, before me, 6
7 KIMBERLEY RICHARDSON, a Certified Shorthand Reporter, | 7 MARK EPSTEIN, McKenna, Long & Aldridge Lip, ff
& telephonically appeared CAROL McOONALD, produned asa | 8 101 California Street, 4st Floor, San Francisco, F
2B witses ht seid acuor, aca Leiny by me first duly 3 Californias 9114, eppesred elope ically ont behalf ot
JQ sworn, was thereupon examined as a witness In said 10 the Defersdant ITT Corporation f/k/a (TT. Industries,
tt cause, EE Inc,, tn the Lucia case; 0. Zelinsky & Sons, Inc, ie
12 412 the Findlay case; and Metaiclad Insulation Corporation F
2 =0to~ 13 In the Davie case,
a4 4 .
as MATTHEW LEE, Brayton Purcell, 222 Rush Lacding [15 JANE WESTON, Vasquez, Eotvada & Dumont, LLP, |
36 Road, Navato, Caltfornis 24996, telephonically appeared {16 Courthouse Square, 1000 Fourth Street, Suite 708, San i
17 of behalf of the Plaintiffs, 17 Rafael, Californta $4901, appeared telephonically on ff
18 48 behalf of the Defendant Scott Company of Califomta;
19 ANTHONY BENTIVEGNA, Becherer, Kannett & 19 and FOCC California, inc., in the Findlay case.
20 Schweitzer, 2200 Powell Seat, Suite 808, Emeryville, 2%
24 Californla 94608, appeared telephonically on nehalf of at
22. the Defendant Haas & Haynie Corporation in the Findiay | 22
23 case.
24
25
bee =ryrerencne “common:
"2 (Pages 2 to 5)
Aiken & Welch Court Reporters C, McDonald 10-21-08Page 6
PAMELA RICHARDSON, Walsworth, Franidin, Beving | 1
& McCall, 601 Montgomery Street, 9th Floor, San 2
Francisco, California 94111, appeared telephonically on | 3
behalf of the Defendants CH, Murphy; Thomas Dee 4
Engineering Company; and S¥I Corporation in the Foley 1 S
case. 6
7
8
Poge 8
A. Tam. :
Q, Now, I first deposed you in the David
Strickland case, We began that matter on August 15 of
2008, and I finished your deposition on Sepbember 16,
2008. And I think in that matter combined with your
testimony in the Mayes matter would have represented
your first twa depositions in esbestos-related matters;
correct?
i
z
3
4
3
6
7
8
9 9 A. That's correct.
10 Ie Q. And} believe ! pretty thoroughly deposed you
ti 4} in the Strickland matter, so I'm not going fe reneat
12 42 and ask you aif the questions that I asked you on those
iF 13 two dates: August 15, 2008 and September the 16, 2008, E
i4 14 but Fit suil ask some, y
15 is When were you retained -- by the way, since you
16 46 have now appeared in 2 number of depositions, do you
7 17 feel comfortable with me dispensing with the deposition
18 18 admonitions of the sort that 1 previously relayed to
19 42° you? ‘
20 20 A, Yes, Fido. F
a Zi Okay. Thon you.
22 22 When were you first retained in this series of
23 23° cases?
24 24 A. This Group 4537 i
25 Q. Yes.
Page? apes
i CAROL McDONALD, 1 A, F first received the letter dated October 10 :
2 swom as a witness, 2 from the Brayton Purcell fra in my office on October
3 testified as follows: 3 15th.
4 EXAMINATION BY MR, EPSTEIN: 4 Okay, And you kindly sent me a copy of that
5 Q, Good moming. it's Mark Epstein here, 5 letter. Its a two-page ietter.
6 Ms, McDonald, 6 Let me read that for the benefit of the people
7 MR, EPSTEIN: Matt, may we have a stipulation | 7 on the phone who muy not have received this,
8 that the court reporter was able to swear in the & its dated October 10th from Patricia Howard, a
3 witness from a remote location? 9 paralegal at Brayton Purcell, conceming this group of
10 MR. LEE: Yes. This is Matthew Lee for the 10 cases starting with the Willlam Foley matter. It |
41 plaintiff. Ti stipulate to that. Li actustly says on the ve line: “San Francisco Group i
12 BY MR, EPSTEIN; 12 453, lead case Thelester Horton versus Asbestos h
a3 .. I'm speaking to Carol McDonald; is that right? {13 Defendants, I
14 A, Yes. 4 “Dear Mrs, McDonald, Defendants have requested i}
15 Q. And you're familiar with a group of cases we're | 15 your deposition in the above-referenced group of cases, E
18 apprating in ~ or you're appearing in fadlay which is a [18 Please let us know if you seed additional Information
17 group of cases titled Brayton 453 Group? 47 to be prepared to testify as to your considered views
18 A. Yes, 38 on the reasonable vaiue of all asbestos associated
19 -Q. Specifically the Willam Foley, the Davie, 19° medical casts, past and/or future, conceming Willams
20° Findlay, and the Lucia cages? 20° Foley, Lawrence Dayle, Robert Findlay, Richard Lucia,
21 A, They ave listed, yes, 34 Robert Dorton, Wilson Manning, Carl Bradshaw, James i
22 Q. And Vt start at the beginning. Where are you | 22 Cargle, end Ronald Abercrombia, who have been diagnosed
23 appearing from today? 23 with asbestosis, K
A. I'm in Santa Rosa, California. a “Wittam Foley lives In Kings Beach, K
3
a
Q, Are you at your business office?
~ereoentccer cree
Aiken & Weich Court Reporters:
California. Lawrence Davie lives in Vallejo,
C MeDonakt 10-21-08CO
Page 16 Page 12
i Califoria, Robert Findlzy lives in Pacitia, 1 You are the McDonald & Associates In Santa
2 California. Richard Luca ives in Brentwood, 2 Rosa, Calfornts; is that right? FE
3 Califorria, Robert Dorton lives in West Sacramento, 3 A. Ye,
4 California. Wilson Manning lives In Prineville, 4 g, And you're 8 Certified Life Care Planner or
5 Orenon, Carl Bradshaw lives In Antioch, California. 5 Vocational Rehab Specialist; is that sue?
6 James Cargle lives in Bismarck, Arkansas. And Robert 6 AL Yes,
7 Abercrombie fives in Herevies, California. 7 Q. And the initials after your name, for example, :
8B "Please be prepared to testify as to your 8 on the correspondence sent to you, CLEP means Certified i
9 considered views on the reasonable value of the 9 Ule Care Planner; is that ght? f
10 following asbestos-related procedures: chest x-ray, wo A. That's correct, Q
11 clinical physical exam with medical and occupational ia Okey. In terms of your relatlonship with the
12 History, follow-up physical exams, high resolution CT, 12 Brayton law firm, TU just summarize this, and you can
13 and pulmonary function test,” 13 tell me if Tm correct, James Nevin initially i
4 And the fest paragraph on page 2 reads: 14 contacted you via an e-mail of May 2008 and asked i
15. “Please also be prapared to testify as te your 35 whether you would be willing to provide potential
16 considered views on the reasonable vatue of 16 fitigation assistance commensurate with your
1? supplemental oxygen, urgent care for pulmonary 17 background, exverience and knowledge In life care
18 problems, the emergency room for pulmonary problems, | 18 planning and rehabilitation; is that right? f
49° intensive care unit for pulmonary problems, hospital ag A fas. t
20 stay for pulmonary problems, hospice cars and home 20 Q, And be specifically wanted te know If you would
23 care," and then "Very truly yours, Patricia Howard, 21 do general research concerning various asbestosrelated ff
22 paraiegal,” 22 diseases and the costs asscclated with medical care for
23 Fave 1 accurately recited the fetter of October (| 23 those asbestos-related diseases, is that right? i
24 10, 2008, that you received from the Brayton law fim | 24 AL Yes. E
25 and Patricia Howard there? 25 Q. And you then met personally and by phone with =f
Page 11 Page 2 |;
i fa, Fes, yOu ie, i nd Aany Sinha? 9! ee Pan fee
2 MR. EPSTELN: Why don't we mark that as 2 to discuss your retention and actually what you would
3) Defendants’ Exhibit 1 to this transcript. 3 be doing in regard! to their needs; is that right?
4 (Defendants' Exhibit No, 1 marked for 4 A, Tmet with Mr. Nevin, I did not meet with Amy.
5 identification.) 8 . Okay. And as a result of that meeting and the
6 MR. EPSTEIN: And J think for this group of 6 comsnuntcations you had at that point, you ended up :
7 cases one transcript will do quite weil unless I hear 7 essentially conducting a survey of various E
& any objections. & asbestosrelated care and treatment components, at
9 All right, heating nothing. 9 least in terms of the cost of those care and treatment
10) BY MR. EPSTEIN: 10 components; is that right?
it , Outside of this letter of October 10th from ip Ay Yes.
12 Patricia Howard, have you received any other documents | 12 Q, Okay. And in particular you had -- I'm sorry. i
43 of any sort from the Brayton law firm? 33° Bear with ma,
44 A, Concerning these cases? af You had Rebecca Wynla of your office contact
1s Q. Yes. 15 _varlous medical providers inchiding private physicians
16 A. Ereogived an e-mall from Amy Slinkhert 16 and inedizal centers such as UCSF, CPMC ard others to
1? (phonetic) just giving me the call-in number and the 17 ask them whether they would provide snecific
18 pass coda, . 18 information about various asbestos-related heaith care
ig Q. Okay. Have you had ary oral conversations with 119 costs; is that right?
20 anyone conceming the merits of these cases? 20 &, That's correct,
21 AL NO, ai Q. And by “costs,” you wera through Rebecca asking
22 Q. Have you recelved any written documentation 22 for what thase physicians and facilities would charge a
23 from anyone else concerning these cases? 23° person off the street, in other words, 3 non-neaatated
24 A. Thave not. 24 rate tor Cereain nealin care (eatinent re care; is
2s 25° that dght?
&. Bear with me for a moment, please,
Alken & Welch Court Reporters
C. McDonald 10-21-08— “>
Poge 14 Page 16
1 4 is that right? » E
z G. And the way thet this ' 2 A, That's correct. :
3 would call different facilities and different 3 @ In this case ~ and so just to Mish that,
4 physicians with the hope that persons at these 4 this tople, after or while Rebecca obtained tat if
5 facilites would speak to her in the first Instance and 5 Information, she typed up that Information under F
6 in the second instance provide her with this sort of 6 various categories tial have now become the tab ina
7 information that you ultimately gathered in the form of | 7 binder that you have and have been using in these
8 the survey; correct? & Brayton cases such ag the ones thet you're appearing in
3 A. Yes, 9 here today; is that right?
19 Q. And al of the facilities and physicians that 1A, Yes.
ii Rebecca spoke to were in the San Francisca: Bay Area; is {11 . And sinca we spake in the David Strickland E
12. that right? 12. matter on September 16th of 2006, have the form of that I,
i Aa ¥Qs, iit ulliers, Tho anformation you have in 23 binder changed in any sogert?
14 front of you Is San Frandsco Bay Area, yes. 14 A. No, It has not. I
15 Q. Right. in some cases the people that she Lu Q. Just to be sure, there have been no additions K
16 contacted oid not or would not speak to her. fn other [16 or deletions or otherwise any modificatans? i‘
17 cases she left messages, and those went urreturned; is | 17 A. No, there have not, f
18 that right? 18, Since I deposed you in the Strickland case on
19 A, That's correct. 29° September 16, 2008, has anyone In your office,
20 Q. And in other cases she was able to speak to 20 including Rebeosa, contected any of the same health E
21 various people, some of whom are identified by the 22 care providers to obtain updates on the figures that
22. first names In the binders that you ended up preparing; | 22 she Initially reosived?
23 is that Nght? 23 A. No, we have not.
24 A, Yas. 24 Q. Has the Brayton office asked you to do that
25 Q. And where these individuals did speak to you ~ 125 sort of thing?
Page iS Page 17
1 or Rebecca, rather, they providedt her with some of the 1 A, They have not. f
2 Information she requested? 2 Q. Do you intend to conduct a further survey to
3 A. Yes, 3 determine whether the cost figures that Rebecca
4 Q. And in some cases they would not provide: 4 received and that have been compiled in that binder
S$ certain information such as San Francisco General in 3 have changed In any respect?
§ terms of some of thelr charges, they provided a portion 6 A. No, Ide not,
7 of the information that Rebecca was requesting tram 7 Q. And Is there a reason that you don't intend to
18 them; is that right? 8 conduct a further survey to see whether the costs fave f
9 _A, That's correct, 2 changed in ary way?
1 @ The survey wes conducted ia an informal fashion | 19 A. Even if I were asked to do so, these costs are
11 because you didn't went to alienate ar meke the people 42 fairly current, some of them as recently as August of
12. she was specking with fee! oppressed? 42. this year. i
13° A, Didn't want ther to fea! what? 33 Q. Now, J understand that your paiticpation with f
i4 Q. Fee! oppressed. 14 the Brayton Purcell firm in preparing this binder and
5 Ae Yes, 1S commenting on it represents the first time that you
16 Q. Because in order to get any information, you 46 have ever dealt with asbestos-related medical matters; f
17 need -~ Rebecca needed to make them feel cormfortable tn. 117 is that. right? [
48 providing Information? 18 A, Thats correct, f
19 A Yes. 1 &, That being so, do you — in your experience
20 Q. And, for example, in most cases Rebecca did not «(26 over Your many years involved In fife care planning and
21 get the last names of these individuals? 23 yocational rehabilitation, do you have a fee! for
22 A. Correct, . 22. changes in medical costs? How medical costs have
23 Q. And your office did not recelve any writtert 23° generally changed over the years in terms of percentage ¢
24 confirmation from these individuals conceming the 24 Increases?
25 figures that Rebecca recelved from them after tie fact; 2 A. Yes, I do understand that medical costs have
Vv = onto rennet oro
“5 (Pages 14 to 17}
Aiken & Welch Court Reporters C, McDonald 10-21-08WRIT TAWNE
Page 25
ftems referenced in this letter of October 10th, is
there anything among these items that is ualque in
terms of the cases that you've received from the
Brayton Purcell office?
A. Anything unique about the Rens listed ir
the --
Q, From what I'm looking at, they look similar or
the same as those iterns that you've been asked to cost
out in aff of the cases that I've been involved in with
you,
A, ‘Yes, if nok the same, they are very close, 1
don’t see anything new.
Q. Is there anything else that differs in these
cages from -- in terms of your opinions from these that
you've been providing In the past, for example, in the
Maes case of the Strickland case?
A. No. My opinions wauld remain the same in terms
of the related cost.
Q. Allright. Have you been asked to - or your
office asked to check with any of the facilities that
Atamake suiveyed inching UCST, San Prascisca General,
CPMC, for example, to ever determing their negotiated
rates for various Insurers?
A. Ho.
Q. How about In terms of Medi-Cal or Medicare?
BES eevo maw
Page 28
tried to ack some questions of you, too, that would I
help others on the phone understand your testimony, so
hope 1 wes helpful in some way in that regard as:
well, Yi going to yess at this point and Jet others
who may have questions ask. Thank you.
A. Thank you.
EXAMINATION BY MS, MIKACICH:
@. Good morning, Ms. McDonald. My name is aimee
Mikacich, Can you hear me okay? E
A. Tan, :
Q. Good maming, In response to Mr, Epstain's
questions, you Indicated that the only record that you
had received from the Brayton firm was an October 10
jeter,
A. Yas,
Q. Al'dight. Tam looking at 2 letter dated
October 17, 2008, adcressad to you from a Shareen, i
Sirete-en, Page, Pa-g-e, trial paralegal at the
Brayton firm, And that aiso relates to the case that 1
am interested it, Richard Luce.
Did you rocwive: that tater? i
A, I don't have it in my binder. If I did - TH F
fell you generally letters are e-mailed, and the letter
that { secgived pertaining te today's matters wes
mailed to me through regular postal mail. So T don't
A, No,
Q. Do you have any knowledge as to why you were
not asked to do such 3 survey ar to do a survey that
induded asking the varioug facilities and
practitioners for thelr negotiated rates?
MR, LEE: Objection, Argumnentative, Also
calls for speculation.
“THE WITNESS: I would be surtnising, I don't
know why. Generally when Ido medical casts on a case,
im getting actual cost, the actual charges,
BY MR. EPSTEIN:
Q. And ate you femiliar with 2 recent suit brought
by the Lista Brazer (phonetic) office against Jon Mule
Medice! Center relating to the medical charges or coms:
charged to patients there who did aot have Insurance?
A, No, Pim not.
Q. Allright. Have you bean given any specific
information about any of the defendants Involved in
this group of cases?
A, Any information te specific defendants, ac.
Nothing other than the letter of October 16th,
Q. You have no opinion conceming any of the
defendants in these Gases, do you?
A, Not concerning the defendants, ro.
Q. Okay. You've answered my questions, and 1
. this as the Defendants’ next in order, and that ig the
2age 29 |
know that { have that letter that you're referring to.
@ Alght. Well, let me do this, Let me mark
‘Odlober 17, 2008, correspondence addressed to you, and
that is In the following cases: Ronald Abercrombia; E
Coit Bradshaw; Lawrence Davie, D-a-v-be; Robert
Dorion, D-o--t-o-n; Robert indiay, Riend-ba-y;
William Foley, Fo-e-y; Richard Luda, Leute; and
Wilson Manning, M-a-ten-i-n-g.
And E will represent for the record that this.
jeter is essentially the seme as the letter that
Mr, Epstein read into the record. However, itthas 2
number of attachments to if including your CV and a
document entitied "Medical costs by I
procedure/facility.” P
Are you faiiliar with that document?
A. Yes. Thats the document 1 osheve mr, spsten
has been referring to In bls questioning of me.
Q, Okay. That's the binder that we were talking i
about cartier? E
AL Yes.
Q. Or the contents of the binder I should say.
A, Yas,
‘MS, MIKACICH: Well, jet me do this, As 1
incicated, Tif attach this latter as next in order
A
ert
“8 (Pages 26 to 29)
Aiken & Welch Court Reporters C, McDonald 10-21-08C.
Page 20 rage 32 |,
1 along with the attachments thereto which are a total of | 1 cases; fs that right? I
2 37 pages. 2 A, That's correct. e
3 (Befendants' Exhibit No. 4 marked for 3 MR, EPSTEIN: Okay. :
4 identification.) 4 EXAMINATION BY MS, WESTON: bP
5 BY MS. MIKSCICH: 5. Hi, Mis, McDonald, My name is lane Wasinn, We
6 Q. Ms, McDonald, just a few additional questions, §__never met before, J
? You have never met Richard Lucia; is that correct? ? Um looking at your CV, I know itis attached E
8 AL That's correct. & as an exhibit. 1 see you went to Santa Rosa Junior B
9 Q. You have never spoken to Mr, Lucta; correct? 3 College. Do you have any degreas from that :
30 A. Conrect, 10 Institution?
in Q. You have never reviewed any of Mr. Lucia's ui A, Ido not.
12 medical records; correct? 12, You alse went to the University of Florida, the
43° A Lhave not, 13. Rehabilitation Training Institute,
14 . Have you ever spoken to any of Mr, Luca's 4 You sald you graduated from Postgraduate
15 doctors? US Advance Life Care Planning. Is thet e Bachelor's :
16 A, Lhave not. 46 degree? Is that 8 degree or is that a certificate that t
WV Q. Have you ever reviewed any chest x-rays, CF 17 you have?
18 scans or pulmonary function testing results? 12 A. its a postgraduate certificate,
wv A. Not related to Mr, Luca. 19 Q. Do you have 4 Bachelor's degree?
26 Q. Do you have any information conceming Mr, 2 A. Ido not, So how did { get the postgraduate?
21° Lucla’s condition or hls prognosis? ai Q. Yes, ma'am. Thanks.
22 A. No, Ede not, 22 A. You're welcome. T applied and went through a
23 Q. Allright. Do you have any information 23 very extensive Interview process with the head of the
24 concerning Mr, Lucia's smoking history? 24 department, Dr, Roger Weed, W-2-e-d. .
25 A. Edo not, 5 Actually, I don’t think he was the department
Page 34 Page 33
2 (4. nave you ever bean eniployed iu 4 biting a chair, He was diwelvad ai cue
2 capacity, in other words, in an sccounting capacity for 2 program and helping set ltup. Extensive interview
3 @ medical provider? 3 process as well as submitting examples of my work and af
4 A, More years ago than | would care to admit, when | 4 Rsting of pertinent or related course work that I had
5 Twas In high schogl, | worked with a doctor for two S completed. And I was then admitted to the program
6 years, and included In my duties was preparing patient | 6 based on thet information.
7 offing. ? Q. What degree do you actually hava, then, if you
8 Q. Approximatety what year was that? 8 do have a degree?
9 A. Qh, must you? It would have been about 1962, | 9 A, Lhave the certificate, the postgraduate :
0 63. 10._ certificate,
1d Q, Okay, You did nat attend medical school; 18 _Q. How many people are employed by McDonald @
42 correct? 12 Associates at this tne? :
13 A, Correct. 33 A. I don't have direct employees. J have a number
iq Q Allright. And have you ever taken any courses 114 of people I contract with who provide services. E
48 related to pulmonary disease? iS Q. How many individuais do you currently have ;
16 A. would say that pulmonary conditions were i6 contracting with? f
1? probably included In some courses that Ihave teken, wy A. Itvarles from time to time between five and FE
18 and J don't recall the specifics of them night now. 18 seven,
9 MS. MIKACICH: Ail right. Thank you, 13 Q, At the present time approximately do you know
20° Ms. McDonald. No further questions. 20 the aumber right now?
21 EXAMINATION BY MR, EPSTEIN: 2 A, Today daing work, probably about five,
22 Q. Ms. McDonald, this is Merk Epstein here. 2 Q, And those individuals do what kind of work for
230 Ms, Mikacich asked you a question specific te the Lucia [23 your
24 case. Your answers would be the same in regard to al [24 A, i have one who researches CPT cue. She
2s 3S
of the other piaintifis Involved in this group of
actually Has 2 medial bling company.
$ (Pages 30 to 33)
Alken & Welch Court Reporters C. McDonald 10-21-08Exhibit BC. co
i IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 iN AND FOR THE COUNTY CF SAN FRANCTSCO
3 ~-000--
4 MARK BARLETTANI (WD; WOODROW), :
5 Plaintiff, ;
6 vs. NO. 314112
7 ATLAS TURNER, et 4l., Brayton Group 477
8 Defendants. :
/
9 GLORIA KIMBROUGH (WD: DELBERT),
10 Plaintifg, L
12 VS, NGO, 415814 :
12 ATLAS TURNER, et al., . Brayton Group 477
43 Defendants.
/
14 Caption continued
is
16
17 TELEPHONIC DEPOSITION OF CAROL McDONALD
18
19 Taken before NICOLETTE SMITH
20 CSR No. 11275
21 April 7th, 2009 t
22 :
23
24
2s
Alken Welch Court Reporters C. McDonald 4/7/2009
Eleoteoolcally signed by Nicolatie Smith (401-025-7'5-9620) e276 10d abdb 007 -ooaeantaszst7eiay
page 2 Page 4:
2 RICHARD PARKER (WO: LENA), 3 : ‘TELEPHONIC DEPOSITION OF CAROL McDONALD
z Plaintiff,
. TY REMEMBERED, that pursuant to Notice and
3 VS. NO. 305301 3 on oie th day of April 2009, conmending at the hour of
4 ANCHOR PACKING, et al., 5 802 a.m, telephonically, at 15709 Saint bane Place,
s Defendants. & ‘Truckee, Cafifomia, before me, NICOLETTE SMITH, CSR
eerie 7 No, 11275, a Certified Court Reporter, licensed by the
6 8 State of Califomla, appesred CAROL McDONALD, produced |
7 9 a8 a witness in said action, and baing by me first duly i
8 19 sworn, was thereopon examined as 9 witness in said
g i cause.
10 12
B ~900-
i ‘ 3
B 19 APPEARANCES:
3 16 for the Plaintiffs:
14 v7 BILL MeDEVITT
15 (Vig phone}
16 1 Brayton Porceit
v7 222 Rush Laraling Road
18 9 Novato, C8 99948-6165
3 20 For the Defendant Plant Insulation:
25 2Y JOHN ROSENTHAL
(vig phone} [
ai az McKenna, Long & aldidge :
22 104 California Street, 41st Floor
23 B San Francisco, CA $4411 E
24 24 :
25 3 E
. Page 3 age 5
1 INDEX i CAROL McDONALD,
2 PAGE: 2 SWOFT aS @ witness,
3 EXAMINATION BY MR, ROSENTHAL 543 testified as follows:
4 4 EXAMINATION BY MR. ROSENTHAL: L
3 $ , Good morning, Ms, McDonald. My namie is John
& & — Rosenthal. You've probably heard me talking with other |
7 ? — people off the record, I represent Plant insulation,
$ POR aed ey law frm is Mekennn, dong fe atte
9 9 MR. ROSENTHAL: Mr. McDevitt, do we have a
19 PAGE 10 stipulation that the witness can te sworn trom a remote |
i DEFENDANTS 12 tocation?
12 4, First-contact email 10 2 MR. McDEVITT: Yes,
13 2. Ms, McDonald's report 7 313 MR. ROSENTHAL: Thank you,
14 14 BYMR. ROSENTHAL: :
1s 1s Q. Ms, McDonald, how are you this morning? i
is 6 A, Fine, Good. Thank you. How are you this :
1? 17 moming, Mr. Rosenthal?
18 18 Q. Good. | hope everyone is okay with the early
19 19 hour, :
20 20 Where are you now, Ms. McDonald? (
24 a A. Tim in my office in Santa Row, California. E
R 2 And iet ma ask you to state your full name for
23 23° the record, E
a4 24 A. It's Carol McDonald, C-a-r-od, E
35 2 Mebonatd. f
te - ata ote anew ot
2 (Pages 2 to 5}
Alken Weich Court Reporters C. McDonald 4/7/2009
Electronically signed by Nicolelle Smit: (301-026-718-8820)
2 7810S t- aby. 8007-b949-90 139257219Vv
Page 6 . Page 8
1 Q. Thank you. 1 Q. Okay. All right. Can you teil me how much
2 Do you have anyone there with you in your 2 time you spent warking specific to the Bariettant :
3 office? 3 matter. t
4 A. L donot. 4 A. Onty the review of the cofrespondence just. f
5 MR, ROSENTHAL: Mr. McDevitt is at a separate. 5 discussed, E
6 location, I take #2 . 6 Q. Okay, So if were to diwy your amount of
a THE WITNESS: Yes. 7 Usne as to each, could you answer that? is it five
g MR, McDEY! Yes. 8 minutes per?
9 “MR, ROSENTHAL: Great, Thank you. 9 A, With regard to each case?
10 BY MR. ROSENTHAL: io Q Correct,
aL Q. Now, ifs my understanding that you were. it A. Tt wauid be fess than five minutes for al .
42 ratetnadt by the jaw firrn of Brayton Purcell to give 12 three, to read.
13 generic opinion testimony in the Barlettani, Kimbrough, | 13 Q. Okay. Soe minute each would be about as fair f
14 and Martin (sic) matters, Correct? 14 as we might get? L
415. AL Yes. 18 A. Yes. (
16 Q. How many times, Ms. McDonald, have you been | 16 Q. Allright. And can you please describe forme — &
17 sworn -- have you been depased in the last 12 months? | 17 all the information you recelved specifically regarding
48 A, About $9, 48 Woodrow Bariettani. H
1s Q. Fifty? B A, Lrecelved only the e-mail we just discussed,
ao AL $e, 2G dated April 3, 200, ghing row the dato, thee, and tot
at Q. May i disperse with the adrnonitions, given your | 21 call-in number for the deposition taday. i
22 experience testifying under deposition? 22 Q. Okay. Old you learn from that e-mail or from
23 A. Yes, Please, 23 any other source Mr. Barlettan!'s age at any ger
24 Q. Great, Thank you, 24 point?
a5 Can you tell me vinen you were first retained in” | 25 A NO.
—t :
Page? Page Oh:
1 the Barlettan! matter. 4 Q. Where Mr, Barlettani lived? :
2 A, TreceNved an e-rmaij on Apri} the 3rd, 2009, 2 A NO. E
3 giving me the date and time of the deposition, 3 @. His disease? E
4 Q. And that was an e-mail from the Brayton law 4 A. Now ;
S firm? 5 Q. His trade or his profession?
6 AL Yes, it wes. & A. No. i
7 @ And was that, as far as you can think of, the 7 Q. Did you fearn that Mr. Bartettani had passed
8 very first contact you had regarding the Barlettant 8 away?
9 matter? 9 A. Na,
10 A. That's correct. ig Q. How about for Lena Parker? Had you at any
i Q. Okay. is it the same e-mail and the same date 11 point -- have you at any point learned that she had
12 for tha Kimbrough and Martin matters, or were those 12 passed away? E
123° separate contacts? 13 AL No, E
i4 A, Kimbrough and Parker, yes, 14 @. Do you knew anything about Ms. ~ the claims
Edie Fy Okay, And Pm sorry, Yny sald Parker, Thank [95 regarding Ms. Parker?
46 you very much, | said Martin and E meant Parker, 16 AL NO. L
Ww A, Okay, 1? Q. Did you know ar did you learn of her husband,
1B @. Okay. Ali right. Thank you, ¥B Richard Parker's, trade or profession?
wp So there was a single e-mail, and it contained w A, No.
20 Information regarding these three matters? 20 Q. Okay. Similar sorts of questions for Babert
aL AL Yes. 21 Kimbrough. Did you learn his age, where he lived, his
22 G. Thank you, 22 disease, his bade, his profession, or that he had
23 Since that e-nvall, what other contacts have you [23 passed away?
24 had from the Srayton firm regarding thase three matters? | 24 A. Nothing.
28 A, There has been nothing further. 25 Q Okay. It's my understanding, Ms, McDonald,
3 (Pages 6 to 9)
Aiken Weich Court Reporters C. McDonald 4/7/2009
Bloctronically signed by Nicolatte Smith (801-625-718-6520)
22781001 -abdb-Ae? 349-32 193nSt7er
Preview
if 28 | MCKENNA LONG & ALpRipGe LLP ATTORNEYS AT LAW LISA L. OBERG (BAR NO. 120139) DANIEL B. HOYE (BAR NO. 139683) ALECIA E. COTTON (BAR NO. 252777) MCKENNA LONG & ALDRIDGE LLP 101 California Street 41st Floor San Francisco, CA 94111 Telephone: (415) 267-4000 Facsimile: (415) 267-4198 Attorneys for Defendant ELECTRONICALLY FILED Superior Court of California, County of San Francisco APR 13 2010 Clerk of the Court BY: CHRISTLE ARRIOLA Deputy Clerk METALCLAD INSULATION CORPORATION SUPERIOR CouRT OF THE STATE OF CALIFORNIA County OF SAN FRANCISCO JOYCE JUELCH and NORMAN JUELCH, SR., Plaintiffs, Vv. ASBESTOS DEFENDANTS, (BP), et al., Defendants. Case No. CGC-07-275212 DECLARATION OF ALECIA E. Corton IN Suprort Or DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF CaRoL MCDONALD OR, In THE ALTERNATIVE, FOR A HEARING UNDER EVIDENCE CobE § 402 [MIL 20] TRIAL DATE: APRIL 5, 2010 Dept.: 604 JUDGE: HONORABLE MARLA J. MILLER SAN FRANCISCO DECLARATION OF ALECIAE. COTTON IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF CAROL MCDONALD OR, iN THE ALTERNATIVE, FOR A HEARING UNDER EVIDENCE CODE § 402 [MIL 20]oe NY DBD Ww BP w Ww 28 MCKENNA LONG & ALDRIDGE LLP ATTORNEYS AT LAW Sat BRancisco I, ALeciA E. Corton, declare as follows: 1. {am a member of the State Bar of California and an attorney with MCKENNA LONG & ALDRIDGE 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 relevant excerpts from the deposition transcript of Carol McDonald in Lawrence Davie v. Asbestos Defendants, et al., San Francisco Superior Court Case No. 274065, which is discussed in the attached memorandum. 3. Attached hereto as Exhibit B is a true and correct copy of relevant excerpts from the deposition transcript of Carol McDonald in Brayton Group 477, transcript captioned San Francisco Superior Court Case Nos. 314112 (Barlettani), et al. T declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed on this 4 day of April, 2010, at San Francisco, California. = thie S Oe ALECIA E. COTTON ~2- DECLARATION OF ALECIA E. COTTON IN SUPPORT OF DEFENDANT S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF CAROL MCDONALD OR, IN THE ALTERNATIVE, FOR A HEARING UNDER EVIDENCE CODE § 402 [MIL 20] SF:27418558.1Exhibit ACo Oe Bw e 22 | IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ~-~O00- ~~ : WILLIAM FOLEY, H Plaintiff, vs. No, 274054 ASBESTOS DEFENDANTS, E Defendants. : ce ren nrinanall E RICHARD LUCIA, . : Plaintiff, F ve. No. 454672 I ASBESTOS DEFENDANTS, : Defendants . a / : LAWRENCE DAVIR, : Plaintiff, ; vs. No. 274065 E ASBESTOS DEFENDANTS, : Defendants. i ROBERT FINDLA Plaintifeé, I ve. No, 274091 ' ASBESTOS DEFENDANTS, Defendants. vein eric hh E DEPOSITION OF CAROL McDONALD Taken before KIMBERLEY RICHARDSON CSR No. $915 OCTOBER 21, 2008 . £ i ERSTE TUM Sana beeen ne Aiken & Welch Court Reporters C, McDonald 10-21-08Page Z Page 4 t INDEX 1 SARAH VALENTINE, Burnham & Brown, 1901 2 PAGE 2 Harrison Steet, 11th Floor, Cakland, California 24612, § 3 EXAMINATION BY MR, EPSTEIN 7,34 3 appeared telephonically on behalf of the Defendant 4 EXAMINATION BY MS, MIKACICH 8 4 Golden Gate Brywail In the Lucia case. 5 EXAMINATION BY MS, WESTON a2 5 & EXAMINATION BY MS. OZAROWSKI ® ig SUSANNE ARANI, Carroll, Burdick & McDonough, | 7 7 44 Montgomery Strest, Suite 400, San Francisco, & 8 California 94104, telephonically appeared on behalf of | % 3 the Defendant Warren Pumps in the Foley case, 10 E 3 EXHIBETS AMEE MIKACICH, Filice, Brown, Basse & McLeod, | 43 DEFENDANTS’ PAGE 12 1999 Harrison Street, 18th Floor, Oakland, Callforvia 141 Letter fram Brayton law firm dated 11 ¥% 94612, appeared telephonically on hehalf of the ‘Oxteber £0, 2008 34 Defendant Oakfaber in the Luda case, as 15 16 2 Curteulurn Vitae 18 16 MAGDALENA OZAROWSKI, Gordon & Rees, 275 173 E-mailed copy of binder 23 1) Battery Street, 20th Floor, San Francisco, California f 18 4 Letter dated 10-17-08 to 6 38 B11, eppaared tlephoaicely on behalf ofthe a9 Ms. McDonald 39. Befendant Leslie Controls irs the Foley case, 20 2 2 HELEN CHANG, Lewis, Brisbols, Bisgaard & 2 2 Smith, One Sansome Street, Sulte 1400, San Francisca, # 23 23 California 94104, appeared telephonically on behalf of 24 24 the Deferdiant Plant Insulation Company in the Findlay | 25 . 25 case, Page 3 Page $ L DEPOSITION OF CAROL McDONALD £ PAMELA HELMAN, Low, Ball & Lynch, 505 2 2 Montgomery Street, 7th Floor, San Francisco, Californie 3 ‘BE IT REMEMBERED, that pursuant to Notice, and on 3 94211, appeared telephonically on bebulf of the 4 the 21st day of October 2006, commencing at the hour of | 4 Defendant Marchetti Construction, Inc., in the Findlay 5 8:00 a.m, in the offices of Alken & Welch, One Kaiser 5 case, E 6 Plaza, Suite 505, Qaldand, Californie, before me, 6 7 KIMBERLEY RICHARDSON, a Certified Shorthand Reporter, | 7 MARK EPSTEIN, McKenna, Long & Aldridge Lip, ff & telephonically appeared CAROL McOONALD, produned asa | 8 101 California Street, 4st Floor, San Francisco, F 2B witses ht seid acuor, aca Leiny by me first duly 3 Californias 9114, eppesred elope ically ont behalf ot JQ sworn, was thereupon examined as a witness In said 10 the Defersdant ITT Corporation f/k/a (TT. Industries, tt cause, EE Inc,, tn the Lucia case; 0. Zelinsky & Sons, Inc, ie 12 412 the Findlay case; and Metaiclad Insulation Corporation F 2 =0to~ 13 In the Davie case, a4 4 . as MATTHEW LEE, Brayton Purcell, 222 Rush Lacding [15 JANE WESTON, Vasquez, Eotvada & Dumont, LLP, | 36 Road, Navato, Caltfornis 24996, telephonically appeared {16 Courthouse Square, 1000 Fourth Street, Suite 708, San i 17 of behalf of the Plaintiffs, 17 Rafael, Californta $4901, appeared telephonically on ff 18 48 behalf of the Defendant Scott Company of Califomta; 19 ANTHONY BENTIVEGNA, Becherer, Kannett & 19 and FOCC California, inc., in the Findlay case. 20 Schweitzer, 2200 Powell Seat, Suite 808, Emeryville, 2% 24 Californla 94608, appeared telephonically on nehalf of at 22. the Defendant Haas & Haynie Corporation in the Findiay | 22 23 case. 24 25 bee =ryrerencne “common: "2 (Pages 2 to 5) Aiken & Welch Court Reporters C, McDonald 10-21-08Page 6 PAMELA RICHARDSON, Walsworth, Franidin, Beving | 1 & McCall, 601 Montgomery Street, 9th Floor, San 2 Francisco, California 94111, appeared telephonically on | 3 behalf of the Defendants CH, Murphy; Thomas Dee 4 Engineering Company; and S¥I Corporation in the Foley 1 S case. 6 7 8 Poge 8 A. Tam. : Q, Now, I first deposed you in the David Strickland case, We began that matter on August 15 of 2008, and I finished your deposition on Sepbember 16, 2008. And I think in that matter combined with your testimony in the Mayes matter would have represented your first twa depositions in esbestos-related matters; correct? i z 3 4 3 6 7 8 9 9 A. That's correct. 10 Ie Q. And} believe ! pretty thoroughly deposed you ti 4} in the Strickland matter, so I'm not going fe reneat 12 42 and ask you aif the questions that I asked you on those iF 13 two dates: August 15, 2008 and September the 16, 2008, E i4 14 but Fit suil ask some, y 15 is When were you retained -- by the way, since you 16 46 have now appeared in 2 number of depositions, do you 7 17 feel comfortable with me dispensing with the deposition 18 18 admonitions of the sort that 1 previously relayed to 19 42° you? ‘ 20 20 A, Yes, Fido. F a Zi Okay. Thon you. 22 22 When were you first retained in this series of 23 23° cases? 24 24 A. This Group 4537 i 25 Q. Yes. Page? apes i CAROL McDONALD, 1 A, F first received the letter dated October 10 : 2 swom as a witness, 2 from the Brayton Purcell fra in my office on October 3 testified as follows: 3 15th. 4 EXAMINATION BY MR, EPSTEIN: 4 Okay, And you kindly sent me a copy of that 5 Q, Good moming. it's Mark Epstein here, 5 letter. Its a two-page ietter. 6 Ms, McDonald, 6 Let me read that for the benefit of the people 7 MR, EPSTEIN: Matt, may we have a stipulation | 7 on the phone who muy not have received this, 8 that the court reporter was able to swear in the & its dated October 10th from Patricia Howard, a 3 witness from a remote location? 9 paralegal at Brayton Purcell, conceming this group of 10 MR. LEE: Yes. This is Matthew Lee for the 10 cases starting with the Willlam Foley matter. It | 41 plaintiff. Ti stipulate to that. Li actustly says on the ve line: “San Francisco Group i 12 BY MR, EPSTEIN; 12 453, lead case Thelester Horton versus Asbestos h a3 .. I'm speaking to Carol McDonald; is that right? {13 Defendants, I 14 A, Yes. 4 “Dear Mrs, McDonald, Defendants have requested i} 15 Q. And you're familiar with a group of cases we're | 15 your deposition in the above-referenced group of cases, E 18 apprating in ~ or you're appearing in fadlay which is a [18 Please let us know if you seed additional Information 17 group of cases titled Brayton 453 Group? 47 to be prepared to testify as to your considered views 18 A. Yes, 38 on the reasonable vaiue of all asbestos associated 19 -Q. Specifically the Willam Foley, the Davie, 19° medical casts, past and/or future, conceming Willams 20° Findlay, and the Lucia cages? 20° Foley, Lawrence Dayle, Robert Findlay, Richard Lucia, 21 A, They ave listed, yes, 34 Robert Dorton, Wilson Manning, Carl Bradshaw, James i 22 Q. And Vt start at the beginning. Where are you | 22 Cargle, end Ronald Abercrombia, who have been diagnosed 23 appearing from today? 23 with asbestosis, K A. I'm in Santa Rosa, California. a “Wittam Foley lives In Kings Beach, K 3 a Q, Are you at your business office? ~ereoentccer cree Aiken & Weich Court Reporters: California. Lawrence Davie lives in Vallejo, C MeDonakt 10-21-08CO Page 16 Page 12 i Califoria, Robert Findlzy lives in Pacitia, 1 You are the McDonald & Associates In Santa 2 California. Richard Luca ives in Brentwood, 2 Rosa, Calfornts; is that right? FE 3 Califorria, Robert Dorton lives in West Sacramento, 3 A. Ye, 4 California. Wilson Manning lives In Prineville, 4 g, And you're 8 Certified Life Care Planner or 5 Orenon, Carl Bradshaw lives In Antioch, California. 5 Vocational Rehab Specialist; is that sue? 6 James Cargle lives in Bismarck, Arkansas. And Robert 6 AL Yes, 7 Abercrombie fives in Herevies, California. 7 Q. And the initials after your name, for example, : 8B "Please be prepared to testify as to your 8 on the correspondence sent to you, CLEP means Certified i 9 considered views on the reasonable value of the 9 Ule Care Planner; is that ght? f 10 following asbestos-related procedures: chest x-ray, wo A. That's correct, Q 11 clinical physical exam with medical and occupational ia Okey. In terms of your relatlonship with the 12 History, follow-up physical exams, high resolution CT, 12 Brayton law firm, TU just summarize this, and you can 13 and pulmonary function test,” 13 tell me if Tm correct, James Nevin initially i 4 And the fest paragraph on page 2 reads: 14 contacted you via an e-mail of May 2008 and asked i 15. “Please also be prapared to testify as te your 35 whether you would be willing to provide potential 16 considered views on the reasonable vatue of 16 fitigation assistance commensurate with your 1? supplemental oxygen, urgent care for pulmonary 17 background, exverience and knowledge In life care 18 problems, the emergency room for pulmonary problems, | 18 planning and rehabilitation; is that right? f 49° intensive care unit for pulmonary problems, hospital ag A fas. t 20 stay for pulmonary problems, hospice cars and home 20 Q, And be specifically wanted te know If you would 23 care," and then "Very truly yours, Patricia Howard, 21 do general research concerning various asbestosrelated ff 22 paraiegal,” 22 diseases and the costs asscclated with medical care for 23 Fave 1 accurately recited the fetter of October (| 23 those asbestos-related diseases, is that right? i 24 10, 2008, that you received from the Brayton law fim | 24 AL Yes. E 25 and Patricia Howard there? 25 Q. And you then met personally and by phone with =f Page 11 Page 2 |; i fa, Fes, yOu ie, i nd Aany Sinha? 9! ee Pan fee 2 MR. EPSTELN: Why don't we mark that as 2 to discuss your retention and actually what you would 3) Defendants’ Exhibit 1 to this transcript. 3 be doing in regard! to their needs; is that right? 4 (Defendants' Exhibit No, 1 marked for 4 A, Tmet with Mr. Nevin, I did not meet with Amy. 5 identification.) 8 . Okay. And as a result of that meeting and the 6 MR. EPSTEIN: And J think for this group of 6 comsnuntcations you had at that point, you ended up : 7 cases one transcript will do quite weil unless I hear 7 essentially conducting a survey of various E & any objections. & asbestosrelated care and treatment components, at 9 All right, heating nothing. 9 least in terms of the cost of those care and treatment 10) BY MR. EPSTEIN: 10 components; is that right? it , Outside of this letter of October 10th from ip Ay Yes. 12 Patricia Howard, have you received any other documents | 12 Q, Okay. And in particular you had -- I'm sorry. i 43 of any sort from the Brayton law firm? 33° Bear with ma, 44 A, Concerning these cases? af You had Rebecca Wynla of your office contact 1s Q. Yes. 15 _varlous medical providers inchiding private physicians 16 A. Ereogived an e-mall from Amy Slinkhert 16 and inedizal centers such as UCSF, CPMC ard others to 1? (phonetic) just giving me the call-in number and the 17 ask them whether they would provide snecific 18 pass coda, . 18 information about various asbestos-related heaith care ig Q. Okay. Have you had ary oral conversations with 119 costs; is that right? 20 anyone conceming the merits of these cases? 20 &, That's correct, 21 AL NO, ai Q. And by “costs,” you wera through Rebecca asking 22 Q. Have you recelved any written documentation 22 for what thase physicians and facilities would charge a 23 from anyone else concerning these cases? 23° person off the street, in other words, 3 non-neaatated 24 A. Thave not. 24 rate tor Cereain nealin care (eatinent re care; is 2s 25° that dght? &. Bear with me for a moment, please, Alken & Welch Court Reporters C. McDonald 10-21-08— “> Poge 14 Page 16 1 4 is that right? » E z G. And the way thet this ' 2 A, That's correct. : 3 would call different facilities and different 3 @ In this case ~ and so just to Mish that, 4 physicians with the hope that persons at these 4 this tople, after or while Rebecca obtained tat if 5 facilites would speak to her in the first Instance and 5 Information, she typed up that Information under F 6 in the second instance provide her with this sort of 6 various categories tial have now become the tab ina 7 information that you ultimately gathered in the form of | 7 binder that you have and have been using in these 8 the survey; correct? & Brayton cases such ag the ones thet you're appearing in 3 A. Yes, 9 here today; is that right? 19 Q. And al of the facilities and physicians that 1A, Yes. ii Rebecca spoke to were in the San Francisca: Bay Area; is {11 . And sinca we spake in the David Strickland E 12. that right? 12. matter on September 16th of 2006, have the form of that I, i Aa ¥Qs, iit ulliers, Tho anformation you have in 23 binder changed in any sogert? 14 front of you Is San Frandsco Bay Area, yes. 14 A. No, It has not. I 15 Q. Right. in some cases the people that she Lu Q. Just to be sure, there have been no additions K 16 contacted oid not or would not speak to her. fn other [16 or deletions or otherwise any modificatans? i‘ 17 cases she left messages, and those went urreturned; is | 17 A. No, there have not, f 18 that right? 18, Since I deposed you in the Strickland case on 19 A, That's correct. 29° September 16, 2008, has anyone In your office, 20 Q. And in other cases she was able to speak to 20 including Rebeosa, contected any of the same health E 21 various people, some of whom are identified by the 22 care providers to obtain updates on the figures that 22. first names In the binders that you ended up preparing; | 22 she Initially reosived? 23 is that Nght? 23 A. No, we have not. 24 A, Yas. 24 Q. Has the Brayton office asked you to do that 25 Q. And where these individuals did speak to you ~ 125 sort of thing? Page iS Page 17 1 or Rebecca, rather, they providedt her with some of the 1 A, They have not. f 2 Information she requested? 2 Q. Do you intend to conduct a further survey to 3 A. Yes, 3 determine whether the cost figures that Rebecca 4 Q. And in some cases they would not provide: 4 received and that have been compiled in that binder S$ certain information such as San Francisco General in 3 have changed In any respect? § terms of some of thelr charges, they provided a portion 6 A. No, Ide not, 7 of the information that Rebecca was requesting tram 7 Q. And Is there a reason that you don't intend to 18 them; is that right? 8 conduct a further survey to see whether the costs fave f 9 _A, That's correct, 2 changed in ary way? 1 @ The survey wes conducted ia an informal fashion | 19 A. Even if I were asked to do so, these costs are 11 because you didn't went to alienate ar meke the people 42 fairly current, some of them as recently as August of 12. she was specking with fee! oppressed? 42. this year. i 13° A, Didn't want ther to fea! what? 33 Q. Now, J understand that your paiticpation with f i4 Q. Fee! oppressed. 14 the Brayton Purcell firm in preparing this binder and 5 Ae Yes, 1S commenting on it represents the first time that you 16 Q. Because in order to get any information, you 46 have ever dealt with asbestos-related medical matters; f 17 need -~ Rebecca needed to make them feel cormfortable tn. 117 is that. right? [ 48 providing Information? 18 A, Thats correct, f 19 A Yes. 1 &, That being so, do you — in your experience 20 Q. And, for example, in most cases Rebecca did not «(26 over Your many years involved In fife care planning and 21 get the last names of these individuals? 23 yocational rehabilitation, do you have a fee! for 22 A. Correct, . 22. changes in medical costs? How medical costs have 23 Q. And your office did not recelve any writtert 23° generally changed over the years in terms of percentage ¢ 24 confirmation from these individuals conceming the 24 Increases? 25 figures that Rebecca recelved from them after tie fact; 2 A. Yes, I do understand that medical costs have Vv = onto rennet oro “5 (Pages 14 to 17} Aiken & Welch Court Reporters C, McDonald 10-21-08WRIT TAWNE Page 25 ftems referenced in this letter of October 10th, is there anything among these items that is ualque in terms of the cases that you've received from the Brayton Purcell office? A. Anything unique about the Rens listed ir the -- Q, From what I'm looking at, they look similar or the same as those iterns that you've been asked to cost out in aff of the cases that I've been involved in with you, A, ‘Yes, if nok the same, they are very close, 1 don’t see anything new. Q. Is there anything else that differs in these cages from -- in terms of your opinions from these that you've been providing In the past, for example, in the Maes case of the Strickland case? A. No. My opinions wauld remain the same in terms of the related cost. Q. Allright. Have you been asked to - or your office asked to check with any of the facilities that Atamake suiveyed inching UCST, San Prascisca General, CPMC, for example, to ever determing their negotiated rates for various Insurers? A. Ho. Q. How about In terms of Medi-Cal or Medicare? BES eevo maw Page 28 tried to ack some questions of you, too, that would I help others on the phone understand your testimony, so hope 1 wes helpful in some way in that regard as: well, Yi going to yess at this point and Jet others who may have questions ask. Thank you. A. Thank you. EXAMINATION BY MS, MIKACICH: @. Good morning, Ms. McDonald. My name is aimee Mikacich, Can you hear me okay? E A. Tan, : Q. Good maming, In response to Mr, Epstain's questions, you Indicated that the only record that you had received from the Brayton firm was an October 10 jeter, A. Yas, Q. Al'dight. Tam looking at 2 letter dated October 17, 2008, adcressad to you from a Shareen, i Sirete-en, Page, Pa-g-e, trial paralegal at the Brayton firm, And that aiso relates to the case that 1 am interested it, Richard Luce. Did you rocwive: that tater? i A, I don't have it in my binder. If I did - TH F fell you generally letters are e-mailed, and the letter that { secgived pertaining te today's matters wes mailed to me through regular postal mail. So T don't A, No, Q. Do you have any knowledge as to why you were not asked to do such 3 survey ar to do a survey that induded asking the varioug facilities and practitioners for thelr negotiated rates? MR, LEE: Objection, Argumnentative, Also calls for speculation. “THE WITNESS: I would be surtnising, I don't know why. Generally when Ido medical casts on a case, im getting actual cost, the actual charges, BY MR. EPSTEIN: Q. And ate you femiliar with 2 recent suit brought by the Lista Brazer (phonetic) office against Jon Mule Medice! Center relating to the medical charges or coms: charged to patients there who did aot have Insurance? A, No, Pim not. Q. Allright. Have you bean given any specific information about any of the defendants Involved in this group of cases? A, Any information te specific defendants, ac. Nothing other than the letter of October 16th, Q. You have no opinion conceming any of the defendants in these Gases, do you? A, Not concerning the defendants, ro. Q. Okay. You've answered my questions, and 1 . this as the Defendants’ next in order, and that ig the 2age 29 | know that { have that letter that you're referring to. @ Alght. Well, let me do this, Let me mark ‘Odlober 17, 2008, correspondence addressed to you, and that is In the following cases: Ronald Abercrombia; E Coit Bradshaw; Lawrence Davie, D-a-v-be; Robert Dorion, D-o--t-o-n; Robert indiay, Riend-ba-y; William Foley, Fo-e-y; Richard Luda, Leute; and Wilson Manning, M-a-ten-i-n-g. And E will represent for the record that this. jeter is essentially the seme as the letter that Mr, Epstein read into the record. However, itthas 2 number of attachments to if including your CV and a document entitied "Medical costs by I procedure/facility.” P Are you faiiliar with that document? A. Yes. Thats the document 1 osheve mr, spsten has been referring to In bls questioning of me. Q, Okay. That's the binder that we were talking i about cartier? E AL Yes. Q. Or the contents of the binder I should say. A, Yas, ‘MS, MIKACICH: Well, jet me do this, As 1 incicated, Tif attach this latter as next in order A ert “8 (Pages 26 to 29) Aiken & Welch Court Reporters C, McDonald 10-21-08C. Page 20 rage 32 |, 1 along with the attachments thereto which are a total of | 1 cases; fs that right? I 2 37 pages. 2 A, That's correct. e 3 (Befendants' Exhibit No. 4 marked for 3 MR, EPSTEIN: Okay. : 4 identification.) 4 EXAMINATION BY MS, WESTON: bP 5 BY MS. MIKSCICH: 5. Hi, Mis, McDonald, My name is lane Wasinn, We 6 Q. Ms, McDonald, just a few additional questions, §__never met before, J ? You have never met Richard Lucia; is that correct? ? Um looking at your CV, I know itis attached E 8 AL That's correct. & as an exhibit. 1 see you went to Santa Rosa Junior B 9 Q. You have never spoken to Mr, Lucta; correct? 3 College. Do you have any degreas from that : 30 A. Conrect, 10 Institution? in Q. You have never reviewed any of Mr. Lucia's ui A, Ido not. 12 medical records; correct? 12, You alse went to the University of Florida, the 43° A Lhave not, 13. Rehabilitation Training Institute, 14 . Have you ever spoken to any of Mr, Luca's 4 You sald you graduated from Postgraduate 15 doctors? US Advance Life Care Planning. Is thet e Bachelor's : 16 A, Lhave not. 46 degree? Is that 8 degree or is that a certificate that t WV Q. Have you ever reviewed any chest x-rays, CF 17 you have? 18 scans or pulmonary function testing results? 12 A. its a postgraduate certificate, wv A. Not related to Mr, Luca. 19 Q. Do you have 4 Bachelor's degree? 26 Q. Do you have any information conceming Mr, 2 A. Ido not, So how did { get the postgraduate? 21° Lucla’s condition or hls prognosis? ai Q. Yes, ma'am. Thanks. 22 A. No, Ede not, 22 A. You're welcome. T applied and went through a 23 Q. Allright. Do you have any information 23 very extensive Interview process with the head of the 24 concerning Mr, Lucia's smoking history? 24 department, Dr, Roger Weed, W-2-e-d. . 25 A. Edo not, 5 Actually, I don’t think he was the department Page 34 Page 33 2 (4. nave you ever bean eniployed iu 4 biting a chair, He was diwelvad ai cue 2 capacity, in other words, in an sccounting capacity for 2 program and helping set ltup. Extensive interview 3 @ medical provider? 3 process as well as submitting examples of my work and af 4 A, More years ago than | would care to admit, when | 4 Rsting of pertinent or related course work that I had 5 Twas In high schogl, | worked with a doctor for two S completed. And I was then admitted to the program 6 years, and included In my duties was preparing patient | 6 based on thet information. 7 offing. ? Q. What degree do you actually hava, then, if you 8 Q. Approximatety what year was that? 8 do have a degree? 9 A. Qh, must you? It would have been about 1962, | 9 A, Lhave the certificate, the postgraduate : 0 63. 10._ certificate, 1d Q, Okay, You did nat attend medical school; 18 _Q. How many people are employed by McDonald @ 42 correct? 12 Associates at this tne? : 13 A, Correct. 33 A. I don't have direct employees. J have a number iq Q Allright. And have you ever taken any courses 114 of people I contract with who provide services. E 48 related to pulmonary disease? iS Q. How many individuais do you currently have ; 16 A. would say that pulmonary conditions were i6 contracting with? f 1? probably included In some courses that Ihave teken, wy A. Itvarles from time to time between five and FE 18 and J don't recall the specifics of them night now. 18 seven, 9 MS. MIKACICH: Ail right. Thank you, 13 Q, At the present time approximately do you know 20° Ms. McDonald. No further questions. 20 the aumber right now? 21 EXAMINATION BY MR, EPSTEIN: 2 A, Today daing work, probably about five, 22 Q. Ms. McDonald, this is Merk Epstein here. 2 Q, And those individuals do what kind of work for 230 Ms, Mikacich asked you a question specific te the Lucia [23 your 24 case. Your answers would be the same in regard to al [24 A, i have one who researches CPT cue. She 2s 3S of the other piaintifis Involved in this group of actually Has 2 medial bling company. $ (Pages 30 to 33) Alken & Welch Court Reporters C. McDonald 10-21-08Exhibit BC. co i IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 iN AND FOR THE COUNTY CF SAN FRANCTSCO 3 ~-000-- 4 MARK BARLETTANI (WD; WOODROW), : 5 Plaintiff, ; 6 vs. NO. 314112 7 ATLAS TURNER, et 4l., Brayton Group 477 8 Defendants. : / 9 GLORIA KIMBROUGH (WD: DELBERT), 10 Plaintifg, L 12 VS, NGO, 415814 : 12 ATLAS TURNER, et al., . Brayton Group 477 43 Defendants. / 14 Caption continued is 16 17 TELEPHONIC DEPOSITION OF CAROL McDONALD 18 19 Taken before NICOLETTE SMITH 20 CSR No. 11275 21 April 7th, 2009 t 22 : 23 24 2s Alken Welch Court Reporters C. McDonald 4/7/2009 Eleoteoolcally signed by Nicolatie Smith (401-025-7'5-9620) e276 10d abdb 007 -ooaeantaszst7eiay page 2 Page 4: 2 RICHARD PARKER (WO: LENA), 3 : ‘TELEPHONIC DEPOSITION OF CAROL McDONALD z Plaintiff, . TY REMEMBERED, that pursuant to Notice and 3 VS. NO. 305301 3 on oie th day of April 2009, conmending at the hour of 4 ANCHOR PACKING, et al., 5 802 a.m, telephonically, at 15709 Saint bane Place, s Defendants. & ‘Truckee, Cafifomia, before me, NICOLETTE SMITH, CSR eerie 7 No, 11275, a Certified Court Reporter, licensed by the 6 8 State of Califomla, appesred CAROL McDONALD, produced | 7 9 a8 a witness in said action, and baing by me first duly i 8 19 sworn, was thereopon examined as 9 witness in said g i cause. 10 12 B ~900- i ‘ 3 B 19 APPEARANCES: 3 16 for the Plaintiffs: 14 v7 BILL MeDEVITT 15 (Vig phone} 16 1 Brayton Porceit v7 222 Rush Laraling Road 18 9 Novato, C8 99948-6165 3 20 For the Defendant Plant Insulation: 25 2Y JOHN ROSENTHAL (vig phone} [ ai az McKenna, Long & aldidge : 22 104 California Street, 41st Floor 23 B San Francisco, CA $4411 E 24 24 : 25 3 E . Page 3 age 5 1 INDEX i CAROL McDONALD, 2 PAGE: 2 SWOFT aS @ witness, 3 EXAMINATION BY MR, ROSENTHAL 543 testified as follows: 4 4 EXAMINATION BY MR. ROSENTHAL: L 3 $ , Good morning, Ms, McDonald. My namie is John & & — Rosenthal. You've probably heard me talking with other | 7 ? — people off the record, I represent Plant insulation, $ POR aed ey law frm is Mekennn, dong fe atte 9 9 MR. ROSENTHAL: Mr. McDevitt, do we have a 19 PAGE 10 stipulation that the witness can te sworn trom a remote | i DEFENDANTS 12 tocation? 12 4, First-contact email 10 2 MR. McDEVITT: Yes, 13 2. Ms, McDonald's report 7 313 MR. ROSENTHAL: Thank you, 14 14 BYMR. ROSENTHAL: : 1s 1s Q. Ms, McDonald, how are you this morning? i is 6 A, Fine, Good. Thank you. How are you this : 1? 17 moming, Mr. Rosenthal? 18 18 Q. Good. | hope everyone is okay with the early 19 19 hour, : 20 20 Where are you now, Ms. McDonald? ( 24 a A. Tim in my office in Santa Row, California. E R 2 And iet ma ask you to state your full name for 23 23° the record, E a4 24 A. It's Carol McDonald, C-a-r-od, E 35 2 Mebonatd. f te - ata ote anew ot 2 (Pages 2 to 5} Alken Weich Court Reporters C. McDonald 4/7/2009 Electronically signed by Nicolelle Smit: (301-026-718-8820) 2 7810S t- aby. 8007-b949-90 139257219Vv Page 6 . Page 8 1 Q. Thank you. 1 Q. Okay. All right. Can you teil me how much 2 Do you have anyone there with you in your 2 time you spent warking specific to the Bariettant : 3 office? 3 matter. t 4 A. L donot. 4 A. Onty the review of the cofrespondence just. f 5 MR, ROSENTHAL: Mr. McDevitt is at a separate. 5 discussed, E 6 location, I take #2 . 6 Q. Okay, So if were to diwy your amount of a THE WITNESS: Yes. 7 Usne as to each, could you answer that? is it five g MR, McDEY! Yes. 8 minutes per? 9 “MR, ROSENTHAL: Great, Thank you. 9 A, With regard to each case? 10 BY MR. ROSENTHAL: io Q Correct, aL Q. Now, ifs my understanding that you were. it A. Tt wauid be fess than five minutes for al . 42 ratetnadt by the jaw firrn of Brayton Purcell to give 12 three, to read. 13 generic opinion testimony in the Barlettani, Kimbrough, | 13 Q. Okay. Soe minute each would be about as fair f 14 and Martin (sic) matters, Correct? 14 as we might get? L 415. AL Yes. 18 A. Yes. ( 16 Q. How many times, Ms. McDonald, have you been | 16 Q. Allright. And can you please describe forme — & 17 sworn -- have you been depased in the last 12 months? | 17 all the information you recelved specifically regarding 48 A, About $9, 48 Woodrow Bariettani. H 1s Q. Fifty? B A, Lrecelved only the e-mail we just discussed, ao AL $e, 2G dated April 3, 200, ghing row the dato, thee, and tot at Q. May i disperse with the adrnonitions, given your | 21 call-in number for the deposition taday. i 22 experience testifying under deposition? 22 Q. Okay. Old you learn from that e-mail or from 23 A. Yes, Please, 23 any other source Mr. Barlettan!'s age at any ger 24 Q. Great, Thank you, 24 point? a5 Can you tell me vinen you were first retained in” | 25 A NO. —t : Page? Page Oh: 1 the Barlettan! matter. 4 Q. Where Mr, Barlettani lived? : 2 A, TreceNved an e-rmaij on Apri} the 3rd, 2009, 2 A NO. E 3 giving me the date and time of the deposition, 3 @. His disease? E 4 Q. And that was an e-mail from the Brayton law 4 A. Now ; S firm? 5 Q. His trade or his profession? 6 AL Yes, it wes. & A. No. i 7 @ And was that, as far as you can think of, the 7 Q. Did you fearn that Mr. Bartettani had passed 8 very first contact you had regarding the Barlettant 8 away? 9 matter? 9 A. Na, 10 A. That's correct. ig Q. How about for Lena Parker? Had you at any i Q. Okay. is it the same e-mail and the same date 11 point -- have you at any point learned that she had 12 for tha Kimbrough and Martin matters, or were those 12 passed away? E 123° separate contacts? 13 AL No, E i4 A, Kimbrough and Parker, yes, 14 @. Do you knew anything about Ms. ~ the claims Edie Fy Okay, And Pm sorry, Yny sald Parker, Thank [95 regarding Ms. Parker? 46 you very much, | said Martin and E meant Parker, 16 AL NO. L Ww A, Okay, 1? Q. Did you know ar did you learn of her husband, 1B @. Okay. Ali right. Thank you, ¥B Richard Parker's, trade or profession? wp So there was a single e-mail, and it contained w A, No. 20 Information regarding these three matters? 20 Q. Okay. Similar sorts of questions for Babert aL AL Yes. 21 Kimbrough. Did you learn his age, where he lived, his 22 G. Thank you, 22 disease, his bade, his profession, or that he had 23 Since that e-nvall, what other contacts have you [23 passed away? 24 had from the Srayton firm regarding thase three matters? | 24 A. Nothing. 28 A, There has been nothing further. 25 Q Okay. It's my understanding, Ms, McDonald, 3 (Pages 6 to 9) Aiken Weich Court Reporters C. McDonald 4/7/2009 Bloctronically signed by Nicolatte Smith (801-625-718-6520) 22781001 -abdb-Ae? 349-32 193nSt7er