On January 10, 2017 a Motion-Secondary was filed involving a dispute between Stacey Lynn Brown As Administratrix Of The Estate Of Steven L. Hall, Deceased, and Ace Hardware, Ace Hardware Corporation, Air & Liquid Systems Corporation, As Successor By Merger To Buffalo Pumps, Inc., Alfa Laval, Inc., Allegheny Teledyne Incorporated, Individually And As Successor To Allegheny Technologies Incorporated And Farris Valves And Or Sprague Pumps, Amec Construction Management, Inc., American Biltrite, Inc., Individually And Successor To Amtico Floors, Amtrol, Inc., Individually And As Successor To Thrush Products, Inc., A.O. Smith Water Products, Armstrong International, Inc., Atwood & Morrill Co., Inc. D B A Weir Valves & Controls Usa Inc., Auburn Technology, Inc. F K A Alco Power, Inc., Aurora Pump Company, Bechtel Corporation, Blackmer Pump, Borgwarner Morse Tec Llc, Bw Ip International Co., Formerly Known As Borg Warner Industrial Products Inc., A Former Subsidiary Of And Successor To Borg Warner Corp. And Byron Jackson Pumps, Carrier Corporation, Cbs Corporation, A Delaware Corporation, F K A Viacom Inc, Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation, Certain-Teed Corporation, Clark-Reliance Corporation, Individually And As Successor To Jerguson, Cleaver-Brooks Company F K A Aqua-Chem, Inc., Courter & Company, Inc., Crane Co., Individually And As Successor To Cochrane, Croll-Reynolds Engineering Company, Inc., Crosby Valve And Gage Company, Crosby Valve, Inc., Cytec Engineered Materials, Inc. F K A Fiberite Corporation And A K A Ici Composites, Inc., Cytec Industries Inc., Individually And As Successor To American Cyanamid Company, Dap, Inc. K N A La Mirada Products Co., Inc., Dean Pump Division, Dezurik, Inc., Durez Corporation, Duro Dyne Corporation, E.I. Team, Inc. F K A J.L. Murphy, Inc., Electrolux Home Products, Inc., Individually And As Successor To Tappan And Copes-Vulcan, Elliott Turbomachinery Co., Inc., Fairbanks Company, Flowserve Us, Inc., Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company, Fmc Corporation, Individually And As Successor To Northern Pump Company, Coffin And Peerless Pump Company, Foster Wheeler, Llc, Gardner Denver, Inc., General Electric Company, Genuine Partscompany, George A. Fuller Company, Georgia-Pacific Corporation, Individually And As Successor To Bestwall Gypsum Company, Gg Of Florida, Inc., F K A Higbee, Inc., Goodall Rubber Co., Goulds Pumps, Inc., Greene, Tweed & Co., Llp, Individually And As Successor To Palmetto Packings, Grinnell Corporation, Henry Technologies, Inc., Hexion Specialty Chemicals, Inc. F K A Borden Chemical, Inc., Honeywell International, Inc., Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp., Howden Buffalo, Inc., Individually And As Successor-In-Interest To Fb Sturtevant, The Howden Buffalo Group And Buffalo Fan, Imo Industries, Inc. F K A Delaval, Inc., Individually And As Successor To Turbine Equipment Company, I.T.T. Industries, Inc., Individually And As Successor To Bell & Gossett, I.T.T. Industries, Inc., Individually And As Successor To Hoffman Specialty, Bell & Gossett, And Foster Engineering, Jenkins Bros., John Crane, Inc., Kaiser Gypsum Company, Inc., Koppers Company, Inc., Koppers Industries, Inc., Lighttolier Incorporated, Maremont Corporation, Individually And As Successor To Grizzly, Metropolitan Life Insurance Co., Morse Diesel, Inc., Morse Diesel International, Inc., Napa Auto Parts A K A National Automotive Parts Association, Nash Engineering Company, Northrop Grumman Corporation, Individually And As Successor To George A. Fuller Company, Occidental Chemical Corporation, Individually And As Successor To Durez Corporation, Owens-Illinois, Inc., Patterson Pump Company, A Subsidiary Of The Gorman-Rupp Company And Individually And As Successor To C.H. Wheeler Manufacturing And Griscom Russell, Plastics Engineering Company, Individually And As Successor To Plenco, Pneumo Abex Corporation, Pneumo-Abex Llc, Individually And As Successor To Abex Corporation, A Delaware Corporation, Progress Lighting, Inc., Research-Cottrell, Inc. N K A Awt Air Company, Inc., Riley Power, Inc. F K A Babcock Borsig Power, Inc. And F K A Riley Stoker Corporation D B A Db Riley, Inc., Rogers Corporation, R.T Vanderbilt Company, Inc., Individually And As Successor To International Tale Co., International Pulp Co., And Governeur Tale Co., Inc., Sid Harvey Industries, Inc., Sid Harvey Supply, Inc., Spence Engineering Company, Inc., Spirax Sarco, Inc., Spx Cooling Technologies, Inc., Individually As Successor To Marley Cooling Technologies And Marley Cooling Towers, Superior Lidgerwood Mundy Corp., A K A Lidgerwood Manufacturing Co., Individually And As Successor To M.T. Davidson Co., Thomas O'Connor & Company, Inc., Currently Known As O'Connor Constructors, Inc., Thrush Co., Inc., Treadwell Corporation, Turner Construction Company, Tuthill Corporation, Individually And As Successor To Kinney Vacuum Pump Company, Kinney Pump Company And Murray Turbine, Tyco Flow Control, Inc., Individually And As Successor To Keystone And Grinnell Corporation, Tyco International, Union Carbide Corporation, Union Pumps, As A Textron Company, United Conveyor Corporation, Velan Valve Corp., Warren Pumps, Llc, Individually And As Successor To The Quimby Pump Company, William Powell Company, Wolff & Munier, Inc., York International Corporation, Individually And As Successor To Frick Company, Yuba Heat Transfer, A Division Of Connell Limited Partnership N K A Spx Heat Transfer Llc, Zurn Industries, Inc. A K A And Successor-In-Interest To Erie City Iron Works, for Torts - Asbestos in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 05/29/2019 10:59 PM INDEX NO. 190012/2017 NYSCEF DOC. NO. 564 RECEIVED NYSCEF: 05/29/2019 SUPREME COURT OF THE STATE OF NEW YORK ALL COUNTIES WITHIN NEW YORK CITY -----------------------------------------------------------------x IN RE: NEW YORK CITY ASBESTOS LITIGATION -----------------------------------------------------------------x This Document Relates to: EXPERT WITNESS DISCLOSURE PURSUANT STACEY LYNN BROWN, as Administratrix of TO CPLR § 3101(d) the Estate of STEVEN L. HALL, Deceased, Index No. 190012/2017 Plaintiff, -against- A.O. SMITH WATER PRODUCTS, et al., Defendants. -------------------------------------------------------------------x PLEASE TAKE NOTICE, that defendant Jenkins Bros. ("Jenkins"), by and through its attorneys, Clyde & Co US LLP, respectfully sets forth as follows, pursuant to CPLR § 3101(d): 1. Jenkins intends to call as an expert witness, Bruce Case, M.D., Ms.C., for the purposes of giving testimony at the time of trial. Dr. Case is a pathologist and epidemiologist who maintains an office at McGill University in Montreal, CA. He received his medical degree, diploma in Occupational Hygiene and Masters' degree in epidemiology from McGill University. He has taught both pathology and epidemiology at McGill University and the University of Pittsburgh. He holds board certification in anatomic pathology. He has published extensively on issues relating to asbestos exposure and health. A copy of his curriculum vitae is attached hereto as Exhibit "A." 2. Dr. Case may testify generally regarding asbestos-related diseases and the effects of asbestos exposure in connection with various asbestos-related products in industrial settings. He may also testify regarding the epidemiology, pathology, and toxicology of asbestos-related 1 of 4 FILED: NEW YORK COUNTY CLERK 05/29/2019 10:59 PM INDEX NO. 190012/2017 NYSCEF DOC. NO. 564 RECEIVED NYSCEF: 05/29/2019 diseases. He may also testify regarding the standards for the diagnosis of various asbestos diseases and dose response with respect to the relationship between asbestos exposure and asbestos-related diseases. Dr. Case may further testify regarding the nature of various types of asbestos fibers and how they relate to mesothelioma. He may also testify regarding the risks of various types of asbestos and levels of exposure to them relative to the risks of suffering personal injury. Dr. Case will testify regarding epidemiology generally, including the different types of epidemiologic studies (i.e. cohort studies, case-control studies, case series, and case reports) which are used in that field, and will relate the relative strengths and weaknesses of each to the jury, specifically with respect to asbestos-associated disease such as mesothelioma in connection with exposures to different types of asbestos fibers. Dr. Case may testify that when relating mesothelioma to asbestos exposure, there are three main factors involved in risk: (1) Asbestos fiber type; (2) Time from first exposure to asbestos fibers; and (3) Opportunity for exposure to asbestos fibers. 3. With respect to asbestos fiber type and mesothelioma, Dr. Case will testify there is a two to three order of magnitude greater risk for commercial amphiboles as opposed to chrysotile (Hodgson & Darnton 2000, Berman & Crump 2008a and 2008b, Gezondheidsraad/Health Council of the Netherlands, 2010, WHO/Galateau-Sale F., et al., 2015, Garabrant, et al., 2018). With respect to time from first exposure to asbestos fibers and risk of mesothelioma development, Dr. Case will testify that early exposures are exponentially greater in disease causation than later exposures (Peto, et al., 1982, Wagner, 1960, Berry, et al.,2012, LaVecchia, et al., 2012, Ulvestad, et al., 2002, Berman & Crump 2008a and 2008b, Health Council of the Netherlands, 2010, and Hodgson & Darnton 2000, WHO 2015, Travis, et al., 2015), i.e. three to four orders of magnitude greater. Dr. Case will also testify that to the extent chrysotile asbestos fibers cause mesothelioma of the pleura in humans, that it requires hundreds 2 of 4 FILED: NEW YORK COUNTY CLERK 05/29/2019 10:59 PM INDEX NO. 190012/2017 NYSCEF DOC. NO. 564 RECEIVED NYSCEF: 05/29/2019 of fibers p/cc years of exposure to same, and/or levels of exposure that are impossible to realize through the manipulation of products such as gaskets and packing. Further, Dr. Case will dispute plaintiff's "each and every exposure" and/or "cumulative exposure" theories of causation, and will testify that mesothelioma in an individual case is not related to the whole of cumulative exposure but as a malignancy in general, and specifically as a malignancy which follows an absolute risk model is set in motion patho-genetically without regard to cumulative exposure. In this regard he will further testify that the fact that mesothelioma risk in a population is related to a degree of exposure in that population should not be confused with the inaccurate assumption that causation of an individual case is therefore mechanistically related to the whole of, and all individual parts of a person's "cumulative exposure" to asbestos fibers. Further, the substance of the facts and opinions upon which Dr. Case will further testify are set forth within the text of his narrative report dated May 27, 2019. A copy of the report is annexed hereto as Exhibit "B." 4. Dr. Case's testimony will be based on his training, professional experience, education, publications, and review of the medical, governmental, and scientific literature concerning asbestos fibers and the health of humans and experimental animals. He may also provide testimony consistent with the disclosure of any other expert disclosed by this defendant or any other party to this case. Further, he may respond to opinions offered by any other experts and/or fact witnesses relating to the plaintiff that pertain to his specialty or any other additional materials provided. 3 of 4 FILED: NEW YORK COUNTY CLERK 05/29/2019 10:59 PM INDEX NO. 190012/2017 NYSCEF DOC. NO. 564 RECEIVED NYSCEF: 05/29/2019 Jenkins herein expressly reserves its right to supplement and/or amend this response up to and including the time of trial. Dated: New York, New York May 29, 2019 Yours, etc., CLYDE & CO US LLP By: /s/ Jeffrey C. Fegan Jeffrey C. Fegan The Chrysler Building 405 Lexington Avenue, 16th Floor New York, New York 10174 Telephone: (212) 710-3900 Fax: (212) 710-3950 Email: jeffrey.fegan@clydeco.us Attorneys for Defendant Jenkins Bros. TO: Belluck & Fox, LP Attorneys for Plaintiff 546 Fifth Avenue New York, New York 10036 4 of 4