PROPOSED PRETRIAL ORDER
JAMES L. ROBART, District Judge.
Pursuant to LCR 16(i), Defendant Scapa Dryer Fabrics, Inc. and Plaintiff jointly offer the following Proposed Pre-Trial Order.
I. JURISDICTION
Jurisdiction is vested in this court by virtue of 28 USC § 1332(a) as the matter in controversy exceeds $75,000 and is between citizens of different States.
II. CLAIMS AND DEFENSES
The plaintiff will pursue at trial the following claims:
1. Product Liability pursuant to Restatement of Torts (Second) §402A (1965);
2. Negligence; and
3. Damages
a. Non-economic damages;
b. Medical and related expenses;
c. Loss of earnings, wages and future earnings; and
d. Loss of consortium for plaintiff Geraldine Barabin.
The defendant will pursue the following affirmative defenses and/or claims:
1. Scapa specifically denies that it mined, milled, processed, manufactured, supplied, distributed, marketed or sold any products containing asbestos that are causally related to Plaintiff's alleged injuries;
2. Whatever damages Plaintiff may have suffered, if any, were solely and proximately caused by the negligence or other conduct of one or more of the other defendants above-named, or, in the alternative, by the negligence or other conduct of some person, corporation, association, or legal entity not presently a party to this lawsuit;
3. The Plaintiff's complaint fails to state a claim against Scapa upon which relief may be granted;
4. Whatever damages Plaintiff may have suffered, if any, were directly and proximately caused by the actions of fellow co-workers of Mr. Barabin;
5. Whatever damages Plaintiff may have suffered, if any, were due solely or in part to the failure of Mr. Barabin's employer or employers to take adequate precautions and provide him with a safe place to work;
6. Scapa expressly denies that Mr. Barabin inhaled injurious quantities of asbestos fibers from products for which Scapa is liable. Any products for which Scapa might be held legally accountable and which Mr. Barabin allegedly used or was exposed to, if any, were not in the same condition as when sold, having been materially altered after the sale and prior to the use or exposure as alleged;
7. That if it is proven at the time of trial that the products of Scapa were manufactured, furnished, supplied and/or sold as alleged in Plaintiff's complaint, and if said products were used in the fashion alleged, all of which is specifically denied except as otherwise set forth above, then any such product manufactured, supplied, furnished and/or sold by Scapa was so manufactured, furnished, supplied and/or sold in strict conformity with the prevailing state of medical art and the prevailing standards of the industry; Scapa's conduct, and any such product for which it bears responsibility, was at all times in strict conformity with the prevailing standard of medical science and the prevailing standards of the industry. The state of medical, scientific and industrial knowledge, art and practice was at all material times such that Scapa neither breached any duty owed to Mr. Barabin, nor knew or could have known, that the products for which it bears responsibility presented a foreseeable risk of harm to Mr. Barabin in connection with asbestos exposure from the normal and expected use of such products;
8. The liability of Scapa, if any, was secondary, passive and subordinate to the primary, active and intervening causation of the negligent acts and/or omissions of other entities and/or non-parties, for which Scapa is not liable;
9. Plaintiff has failed to join indispensable or necessary parties, including but not limited to: Amatex Corp., Aanco Holdings Inc., AC and S, Inc., American Shipbuilding, A.P. Green Services, Armstrong World Industries, The Artra Group including The Synkoloid Company, Asbestec Industries Inc., Asbestospray Corp., Asbestos Claims Management, Atlas Corp., Babcock & Wilcox, Baldwin Ebret Hill, Beadex Manufacturing Company Inc., Bethlehem Steel, Brunswick Fabrications, Inc., Burns & Roe Enterprises, Carey Canada Inc., The Celotex Corp., Cassiar Mines, Combustion Engineering, Delaware Insulations, Philip Carey Co., Eagle-Picher Industries, Eastco Industrial Safety Corp., E. J. Bartells, Federal-Mogul, Forty-Eight Insulations, Fuller-Austin Insulation, G-I Holdings (GAF), Gatke Corp., Hamilton Materials Inc., Harbison-Walker, Hillsborough Holdings, H.K. Porter Co., Johns Manville, Kaiser Aluminum & Chemical, Keene Corp., Kentile Floors, Lykes Brothers Steamship, M.H. Detrick, National Gypsum Co., Nicolet/Keasby-Mattison, North American Refractories Company, North American Asbestos Corp., Owens Corning, Pacor, Plibrico Co., Pittsburgh Corning, Porter Hayden, Prudential Lines, Raybestos-Manhattan, Raymark Industries, Raytech Industries Corp., Rock Wool Manufacturing, Rutland Fire & Clay Co., Skinner Engine Company, SGL Carbon, Shook & Fletcher, Standard Asbestos Manufacturing and Insulation, Standard Insulations, Todd Shipyards, Unarco Industries Inc., United States Gypsum Corp., United States Mineral Co., United States Lines, UNR Industries Corp., U.S. Steel, Walter Industries, Washington Group International, and W.R. Grace & Co., and the companies who manufactured and/or supplied the cigarettes and other tobacco products used by or around Mr. Barabin;
10. Mr. Barabin was employed by knowledgeable and sophisticated employers and any duty Scapa may have had to warn him/her of any potential harm incident to the normal use of products for which Scapa bears responsibility, which duty is denied, was discharged by his/her employer's intervening duty to give him/her any required warnings;
11. If at the time of trial Scapa is held accountable for any asbestos-containing products, Mr. Barabin's exposure to asbestos attributable to Scapa, if any, was of a de minimis nature and could not within a reasonable degree of medical certainty be the legal and proximate cause of Plaintiff's alleged injuries.
III. ADMITTED FACTS
The following facts are admitted by the parties:
1. Decedent Henry Barabin worked as a laborer at the Texaco Refinery in Port Arthur, Texas from 1965 to 1968.
2. The pipes and equipment throughout the Texaco Refinery had asbestos-containing pipe, block, and Limpet spray insulation.
3. Decedent Henry Barabin cleaned up debris from asbestos-containing pipe, block, and Limpet spray insulation during his employment at the Texaco Refinery.
4. Decedent Henry Barabin worked in the Crown-Zellerbach Camas Mill from April 17, 1968 through November 30, 2001.
5. Decedent Henry Barabin worked as a papermaker at the Camas Mill.
6. During his employment at the Camas Mill, Mr. Barabin worked on and around all of the paper-making machines at the Camas Mill.
7. Mr. Barabin's work at the Camas Mill included changing dryer felts during shut downs and also as part of routine maintenance when felts ripped or broke.
8. Mr. Barabin cut the felts and installed new ones. He took scraps of the old felts home. He blew out the paper machines using compressed air. He cleaned up with compressed air after each shift and after paper breaks. He also worked around other laborers during this time period when they performed these same tasks.
9. The pipes and equipment throughout the Camas Mill had asbestos-containing pipe insulation, asbestos-containing block insulation, Limpet spray, asbestos-containing cement/mud, asbestos-containing board insulation, and internal asbestos-containing gaskets and packing.
10. Decedent Henry Barabin walked by or was a bystander when asbestos-containing pipe, block, Limpet spray, and board insulation and asbestos-containing cement/mud and internal gaskets and packing were being disturbed when these materials were being disturbed, including but not limited to walking past asbestos-insulated digesters, opening and closing valves, and observing millwrights, boilermakers, electricians, and insulators working in his vicinity removing, installing, and disturbing these products. Limpet spray insulation was present in the Texaco Refinery in Port Arthur, Texas when Plaintiff Henry Barabin worked there.
11. Decedent Henry Barabin had direct exposure to asbestos-containing pipe, block, Limpet spray, and board insulation and asbestos-containing cement/mud and internal gaskets and packing when he used compressed air to clean up.
12. Limpet was made of asbestos fibers, Portland cement, and oil. Formulas used either 100% crocidolite, amosite, or chrysotile, or a blend of amosite and crocidolite. It was typically used for fireproofing, or high temperature insulation. It was applied using a nozzle to spray the product on the item to be insulated.
13. From 1981 to 1996, over 1,000,000 (ONE MILLION) linear feet of insulation containing between 2% and 90% crocidolite, amosite, and/or chrysotile asbestos was abated from the Camas Mill. This insulation contained 2-90% crocidolite, amosite and/or chrysotile asbestos.
14. From 1981 to 1996, over 350,000 (THREE HUNDRED FIFTY THOUSAND) square feet of asbestos-containing transite was abated from the Camas Mill.
15. From 1959 to 1978, Scapa manufactured and distributed both asbestos and non-asbestos containing dryer felts.
16. From 1964 to 1982, Scapa supplied 505 dryer felts, 276 non-asbestos containing felts and 229 asbestos-containing felts, to the Camas Mill. Albany, AstenJohnson, Atlanta, and Niagara brand dryer felts were also utilized during Decedent Henry Barabin's employment at the Camas Mill.
17. Mr. Barabin was diagnosed with malignant pleural mesothelioma on November 1, 2006. Mr. Barabin died on March 30, 2012 from mesothelioma.
IV. FACTUAL CONTENTIONS
The Plaintiff contends as follows:
1. Asbestos-containing dryer felts made by defendant Scapa Dryer Fabrics, Inc. were an integral component of the paper machines Mr. Barabin worked on.
2. Decedent Henry Barabin recalls Scapa dryer felts as felts that were used at the Camas Mill.
Scapa contends as follows:
1. Paper machine hoods at the Camas Paper Mill contained crocidolite during Mr. Barabin's employment.
2. In 1987, the employee locker room at Camas Paper Mill was contaminated with asbestos during an asbestos removal.
3. Decedent Henry Barabin did not recall working with any asbestos-containing Scapa dryer felts.
4. Mr. Barabin's mesothelioma was not caused by exposure to Scapa dryer felts.
5. Scapa's dryer felts were reasonably safe in their manufacture and design including warnings.
6. Scapa exercised ordinary care in manufacturing its dryer felts.
7. Mr. Barabin's mesothelioma was caused by exposure to amphibole asbestos (amosite and crocidolite) containing products, including but not limited to amphibole asbestos-containing thermal insulation, during the years he was employed at the Texaco Refinery in Port Arthur, Texas and at the Camas Paper Mill.
V. ISSUES OF LAW
Plaintiff submits the following as issues of law to be determined by the court:
1. Whether defendant Scapa Dryer Fabrics, Inc. is liable under Washington product liability law for manufacturing, selling and distributing an unreasonably dangerous product without warnings to which Decedent was exposed, causing Decedent's mesothelioma, an incurable and terminal disease?
2. Whether defendant Scapa Dryer Fabrics, Inc. failed to exercise ordinary care, failed to provide any warnings and is negligent under Washington negligence law for manufacturing, selling and distributing an unreasonably dangerous product to which Decedent was exposed, causing Decedent's mesothelioma, an incurable and terminal disease?
Scapa submits the following as issues of law to be determined by the court:
1. Whether Plaintiff can meet the burden of proof with regard her claims against Scapa under the laws of the State of Washington.
2. Whether Plaintiff's settlements are unreasonable entitling any judgment defendant to an offset of a reasonable settlement amount under RCW 4.22.060 and other applicable law.
VI. EXPERT WITNESSES
(a) Each party shall be limited to 1 expert witness(es) on the issues of any specific topic. Defendant Scapa contends, and Plaintiff disputes, that Plaintiff's expert Steven Compton's testimony and opinions are cumulative of those of expert Christopher DePasquale and should be prohibited from testifying on that basis.
(b) The name(s) and addresses of the expert witness(es) to be used by each party at trial and the issue upon which each will testify is:
1. On behalf of plaintiff:
Barry Ben-Zion, Ph.D. Dr. Ben-Zion is a forensic economist. Dr. Ben-Zion
3588 Kelsey Knolls will be sufficiently familiar with the case to provide a
Santa Rosa, California 95403 meaningful oral deposition. Dr. Ben-Zion may testify
regarding the economic value of losses in the case: Dr.
WILL TESTIFY Ben-Zion may also testify as to the loss of wages,
pensions and other economic losses. Dr. Ben-Zion will
also testify generally regarding the concept of present
value and its application to economic losses,
particularly wage loss, pension loss and future medical
costs. Dr. Ben-Zion may also testify about the
financial statements of various defendants and their
financial condition and net worth. Dr. Ben-Zion may
also testify regarding participation in and/or market
share of various asbestos manufacturers as well as all
related market share facts for which plaintiffs bear that
burden of proof under applicable case law.
Arnold R. Brody, Dr. Brody is a cellular biologist. Dr. Brody may testify
Ph.D. 1910 Glenmartin as to the anatomy and associated asbestos-induced
Drive Raleigh, NC pathology of human and animal lungs, the causation and
27615 pathogenesis of asbestos-related disease and the
deposition patterns of inhaled fibers and how this relates
to asbestos exposures encountered in buildings and/or
WILL TESTIFY the work place. He will also testify regarding asbestos'
effects on immune systems. Dr. Brody will further testify
in accordance with his report in this case.
Dr. Carl Andrew Brodkin, M.D., Dr. Brodkin is a specialist in pulmonary medicine and
M.P.H asbestos-related disease. Dr. Brodkin may testify as to his
3607 47th Avenue, N.E. opinions and conclusions regarding asbestos disease and
Seattle, WA 98105 all related foundational aspects. Dr. Brodkin may also
testify as to his opinions and conclusions regarding
WILL TESTIFY asbestos-related disease and the subject's medical
condition, clinical course, etiology, diagnosis, treatments,
medical monitoring, medical expenses and cost of care,
and prognosis. Dr. Brodkin will further testify in
accordance with his report in this case.
Dr. Richard Cohen, M.D., M.P.H. Dr. Cohen is a specialist in occupational and preventive
1942 Panorama Drive medicine. Dr. Cohen may testify as to the state of the
Saratoga, CA 95070 medical and scientific art concerning asbestos-related
diseases at relevant times and regarding the nature and use
WILL TESTIFY of asbestos products and decedent's exposure to asbestos.
Dr. Cohen may testify as to asbestos product defects, the
release of asbestos fibers from asbestos products, disease
potential of various asbestos products, asbestos health
hazards, industry and Navy awareness, and state of the art
relating to the hazards of asbestos, application rules and
regulations, and other industrial hygiene related issues.
Steven P. Compton, PhD Dr. Compton is a materials scientist and electron
MVA Scientific Consultants microscopist. Dr. Compton may testify regarding
3300 Breckinridge Blvd potential health hazards of asbestos in the work place,
#400 Duluth, GA 30096 content of asbestos-containing products, release of
asbestos fibers from asbestos-containing products,
WILL TESTIFY including but not limited to, dryer fabrics and felts, and
similar products, resuspension of asbestos fiber,
asbestos-containing product defects, the disease
potential of asbestos-containing products, testing and
monitoring techniques for detecting the presence of
asbestos dust, including, but not limited to electron
microscopy, and nature of asbestos and asbestos fibers
as well as all material science and asbestos foundational
aspects. Dr. Compton will further testify in accordance
with his report in this case.
Christopher DePasquale, CIH Mr. DePasquale is a certified industrial hygienist with a
Compass Environmental, Inc. Masters in Public Health. Mr. DePasquale may testify
1751 McCollum Parkway regarding EPA and state government policies,
NW Kennesaw, GA 30144 regulations and guideline documents pertaining to
asbestos in buildings and the utility of air and dust
WILL TESTIFY sampling in determining building exposures and risks.
Mr. DePasquale may testify as to all aspects of asbestos
and asbestos products, the adequacy of knowledge, the
state of knowledge, the release of asbestos fibers from
asbestos products, and all physical characteristics of
said fibers, including contamination, de-contamination
and related abatement protocols, disease potential of
various asbestos products, asbestos health hazards,
industry awareness, and state of the art relating to the
hazards of asbestos, applicable rules and regulations,
and other industrial hygiene issues. This expert may
testify regarding issues including but not limited to:
asbestos containing dryer felts and fabrics, and/or
other materials. This is not an exhaustive list of
asbestos material which this expert may testify about,
but merely representative and this expert may testify
about any and all materials which contain asbestos.
This expert may testify about the propensity and
ability for asbestos-containing products to release dust
and release asbestos dust into the air of persons using
those products when they are in place, as well as fiber
count ranges from said products when made, used or
abated. This expert may testify about how such
asbestos materials were used in their ordinary and
intended manner, and how that ordinary and intended
use causes the release of respirable asbestos dust. This
expert may testify about the offensive and injurious
aspects of asbestos fiber deposition once inhaled. This
expert may testify about the visibility of dust
containing asbestos as well as various product use
videotapes. Mr. DePasquale will further testify in
accordance with his report in this case.
Dr. David Tarin, M.D. Dr. Tarin is a pathologist. Dr. Tarin may testify as to
856 San Antonio Place pathology, diagnosis and causation and other asbestos-related
San Diego, CA 92106 medical issued raised in the matter, as well as his
examination of the pathology specimens. Dr. Tarin will
WILL TESTIFY further testify in accordance with his reports in this case.
James R. Millette Trial testimony of James Millette taken in Henry Barabin
and Geraldine Barabin v. AstenJohnson, Inc., et al., in the
WILL TESTIFY VIA PRIOR United States District Court, Western District of
TRIAL TESTIMONY Washington in Seattle, Cause No. C07-1454RSL, on
November 5, 2009.
SCAPA Objects on the grounds that
Mr. Millette was not previously
disclosed as a witness in this trial
and objects to use of prior trial
testimony of an expert as
affirmative testimony.
Dr. Samuel Hammar Trial testimony of Dr. Samuel Hammar taken in Henry
Barabin and Geraldine Barabin v. AstenJohnson, Inc., et
WILL TESTIFY VIA PRIOR al., in the United States District Court, Western District of
TRIAL TESTIMONY Washington in Seattle, Cause No. C07-1454RSL, on
November 9, 2009.
SCAPA objects on the grounds that
Dr. Hammar was not previously
disclosed as a witness in this trial,
Dr. Hammar testified as Scapa's
expert in the prior trial, and it is
improper for Plaintiff to use Scapa's
expert to introduce cross-examination
without there being
any direct examination of the
witness.
Paul Carlson Trial testimony of Mr. Paul Carlson taken in Henry
Barabin and Geraldine Barabin v. AstenJohnson, Inc., et
WILL TESTIFY VIA PRIOR al., in the United States District Court, Western District of
TRIAL TESTIMONY Washington in Seattle, Cause No. C07-1454RSL, on
November 9, 2009.
SCAPA objects on the grounds that
Mr. Carlson is Scapa's expert in this
case and will be testifying live on
Scapa's behalf. It is improper for
Plaintiff to use Scapa's. expert to
introduce cross-examination before
Scapa presents its expert. Plaintiff
will have an opportunity to cross-examine
Mr. Carlson and use his
prior testimony to impeach him if
appropriate.
2. On behalf of defendant:
Paul Carlson, CIH Mr. Carlson is a certified industrial hygienist. Mr.
Paul Carlson Associates Carlson may testify on industrial hygiene practices in
4080 SE International Way, Suite pulp and paper mills. He may also testify about the
B101 environment, operations and workings in pulp and
Milwaukie, OR 97222 paper mills, including the paper machine areas of pulp
and paper mills. He may testify specifically as to these
Will Testify topics as they pertain to the Crown Zellerbach Mill in
Camas, WA, based on his prior work at and more
recent visit to that paper mill. He may also testify
about the air sampling studies undertaken by him and
others in various paper mills, particularly around the
paper machines and the dryer felts/fabrics used on the
paper machines in the 1970s and 1980s. He may
testify about his employment as a corporate industrial
hygienist for Crown Zellerbach/James River
Corporation and air sampling he conducted at various
paper mills during his employment. He may also
testify about his experience with Oregon OSHA. He
may testify about the composition, construction,
purpose, use and operation of dryer felts in
papermaking. He may testify about testing conducted
on dryer felts referenced in his report. He may also
testify that, based upon his experience in the paper
mills, the use of dryer felts/fabrics did not pose a health
hazard to paper mill workers. He may testify regarding
the OSHA warning label provisions concerning
asbestos and why warnings labels were not required on
chrysotile containing dryer felts.
Mr. Carlson may testify regarding Decedent's exposure
to amphibole asbestos including but not limited to such
exposures as the Port Arthur Refinery, the Camas
Paper Mill, and other locations. He will testify that Mr.
Barbain had zero to background ambient exposure
levels from Scapa chrysotile-containing dryer felts.
Mr. Carlson may also respond to matters raised within
his field of expertise by Plaintiff's experts in the
presentation of Plaintiff's case-in-chief. Accordingly,
Mr. Carlson's testimony is dependent upon the prior
testimony of Plaintiff's experts and cannot be predicted
with further specificity.
Mr. Carlson's testimony will be based upon his
training, experience, research, education, writings,
review of scientific literature concerning asbestos
disease and other relevant matters, and review of
depositions, expert reports and documents and relevant
to Mr. Barabin. Mr. Carlson is expected to testify
consistent with his report and his deposition given in
this case.
James D. Crapo, MD Dr. Crapo is board certified in internal medicine and
4650 South 4th Street pulmonary disease. Dr. Crapo may testify about his
Englewood, CO 80110 review of Mr. Barabin's medical records and expert
reports produced in this case. Dr. Crapo may testify
May Testify about the anatomy and function of the human
respiratory system, pulmonary function testing,
diseases associated with exposure to asbestos and the
development of related scientific and medical
knowledge. Dr. Crapo may testify about the
pulmonary aspects of asbestos exposure and the
epidemiology relevant thereto, including such matters
as dose response, cumulative exposure and causation
thresholds, progression, cancer risk, scientific opinions
and theories as to how asbestos may be involved in the
cause of various cancers, and experimental animal
studies relating to the initial biological response to
asbestos. He may also testify regarding toxicology, the
linear dose extrapolation model and quantitative risk
assessment of different individuals with different levels
and types of asbestos exposures and determine, insofar
as science is able, the risks of those individuals to
contract conditions which may be asbestos-related, as
well as their risks of contracting various forms of
cancer.
Dr. Crapo may also testify about cancer risk from
asbestos exposure including comments on the relevant
literature, federal statistics and publications as well as
the risk relevant to Mr. Barabin. Dr. Crapo may testify
that low dose exposure to chrysotile asbestos does not
cause mesothelioma. Dr. Crapo may further testify that
dryer fabrics manufactured with chrysotile asbestos-containing
yarn are not hazardous and that any possible
exposure Mr. Barabin may have had to asbestos from
Scapa dryer fabrics manufactured with chrysotile
asbestos-containing yarn could not have caused Mr.
Barabin's mesothelioma. Dr. Crapo may also testify
about asbestos exposure among refinery workers and
pulp and paper mill workers and what is known about
the effects of such exposure as reflected by the medical
and scientific literature.
Dr. Crapo may also respond to matters raised within his
field of expertise by Plaintiff's experts in the
presentation of Plaintiff's case-in-chief. Accordingly,
Dr. Crapo's testimony is dependent upon the prior
testimony of Plaintiff's experts and cannot be predicted
with further specificity.
Dr. Crapo's testimony will be based upon his training,
experience, research, education, writings, review of
medical and scientific literature concerning asbestos
disease and other relevant matters, and review of
depositions, expert reports, documents and medical
records relevant to Mr. Barabin. Dr. Crapo is expected
to testify consistent with his report and his deposition
given in this case.
Andrew Churg, MD Dr. Churg is a pathologist at the University of British
1229 W 7th Avenue Columbia in Vancouver, British Columbia. He is
Vancouver, BC V6H 1B7 board certified in anatomic and clinical pathology. He
Canada may provide testimony, live or by deposition, regarding
his examination of Mr. Barabin's medical records,
Will Testify work history and pathology material. 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-associated
disease and the factors that go into
evaluating whether there is any medical risk from
asbestos-containing products. Dr. Churg may also
provide testimony regarding animal research and
asbestos-related disease, the biological effects of
asbestos and 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.
Dr. Churg may generally testify concerning asbestos-related
diseases and the effects of exposure to various
asbestos-containing products upon persons in
occupational and non-occupational settings. He may
further testify regarding the epidemiology of asbestos-related
diseases, fiber gradients, ambient levels of
asbestos and the existence of a dose-response
relationship between exposure to asbestos and
asbestos-related diseases. He may also testify
regarding asbestos causation thresholds and the relative
risk of personal injury or death as a result of exposure
to different types of asbestos at different cumulative
exposure. Dr. Churg is expected to testify that Mr.
Barabin's disease was not caused by his work with or
around dryer felts.
Dr. Churg may also respond to matters raised within
his field of expertise by Plaintiff's experts in the
presentation of Plaintiff's case-in-chief. Accordingly,
Dr. Churg's testimony is dependent upon the prior
testimony of Plaintiff's experts and cannot be predicted
with further specificity.
Dr. Crapo's testimony will be based upon his training,
experience, research, education, writings, review of
medical and scientific literature concerning asbestos
disease and other relevant matters, and review of
depositions, expert reports, pathology material,
documents and medical records relevant to Mr.
Barabin. Dr. Churg is expected to testify consistent
with his report which is concurrently being produced
and his anticipated deposition to be given in this case.
Mark R. Newton Mr. Newton is an expert economist. Mr. Newton will
Hagen Streiff Newton & Oshiro, testify based upon his review of financial and other
Accountants, P.C. records of Plaintiff and/or Mr. Barabin, and any expert
1330 Broadway, Suite 430 report produced by Plaintiff's economist in this case, as
Oakland, CA 94612 to his opinion of the value of the economic losses, if
any, incurred by Plaintiff and/or Mr. Barabin as a
Will Testify consequence of Mr. Barabin's alleged injuries and
subsequent death. Mr. Newton will testify to the
matters contained in his report, curriculum vitae, fee
schedule and list of testimony produced with this
designation.
Mr. Newton may also respond to matters raised within
his field of expertise by Plaintiff's experts in the
presentation of Plaintiff's case-in-chief. Accordingly,
Mr. Newton's testimony is dependent upon the prior
testimony of Plaintiff's experts and cannot be predicted
with further specificity.
Mr. Newton's testimony will be based upon his
training, experience, research, education, writings, and
review of depositions, expert reports, and financial
documents relevant to Plaintiff and/or Mr. Barabin.
Mr. Newton is expected to testify consistent with his
report which is concurrently being produced and his
anticipated deposition to be given in this case.
Joseph D. Wendlick, CIH Mr. Wendlick is a Certified Industrial Hygienist.
851 South Marine Hills Way Mr. Wendlick may testify on industrial hygiene
Federal Way, WA 98003 practices in pulp and paper mills. He may also testify
about the air sampling studies he undertook in various
May Testify paper mills, particularly around the paper machines and
the dryer fabrics used on the machines in the 1970s and
1980s. He may also testify, based upon his experience
in the paper mills, that the use of dryer felts on the
paper machines did not pose a health hazard to paper
mill workers.
Mr. Wendlick is expected to testify that, based on his
1973 air sampling tests during a "dry end" felt change,
no hazardous asbestos exposure exists in the paper
machine area of a paper mill as a result of a "dry end"
felt change. He is also expected to testify, based on
this test, that all work practices (and materials)
connected with a "dry end" felt change were acceptable
according to the OSHA Asbestos Standard in place at
the time of the testing. Mr. Wendlick may also respond
to matters raised within his field of expertise by
Plaintiff in the presentation of their case in chief.
Accordingly, Mr. Wendlick's testimony is dependent
upon the prior testimony of Plaintiff's experts and
cannot be predicted with further specificity.
Mr. Wendlick's testimony will be based on his training,
experience, research, education, writings, review of
medical and scientific literature concerning asbestos
disease and other relevant matters, and review of
depositions, expert reports, documents and medical
records relevant to Plaintiff. Mr. Wendlick is expected
to testify consistent with his deposition given in this
case.
VII. OTHER WITNESSES
1. Fact witnesses on behalf of Plaintiff:
Plaintiff Geraldine Barabin Mrs. Barabin is expected to testify about her marriage
c/o Brayton Purcell, LLP and life with Decedent, her knowledge and
To be contacted through understanding of the nature and extent of his exposure
plaintiffs' counsel to asbestos and asbestos-containing products. Her
understanding of the events surrounding the diagnosis
WILL TESTIFY of mesothelioma, Decedent's medical treatment and
death; how Decedent's life was affected by the illness;
how her life has been affected by the illness, and the
facts pertaining to plaintiffs claim for economic and
non-economic damages.
Bryan Barabin Mr. Barabin is expected to testify about his life with
c/o Brayton Purcell, LLP Decedent, his knowledge and understanding of the
To be contacted through plaintiff's nature and extent of his exposure to asbestos and
counsel asbestos-containing products. His understanding of the
events surrounding Henry Barabin's diagnosis of
POSSIBLE WITNESS ONLY mesothelioma, Decedent's medical treatment and death;
how Decedent's life was affected by the illness; how his
life has been affected by the illness.
Robert Barabin Mr. Barabin is expected to testify about his life with
c/o Brayton Purcell, LLP Decedent, his knowledge and understanding of the
nature and extent of his exposure to asbestos and
To be contacted through plaintiff's asbestos-containing products. His understanding of the
counsel events surrounding Henry Barabin's diagnosis of
mesothelioma, Decedent's medical treatment and death;
POSSIBLE WITNESS ONLY how Decedent's life was affected by the illness; how his
life has been affected by the illness.
Decedent Henry Barabin
Decedent Henry Barabin will testify about his education,
Prior trial transcript family history, and work history and illness including the
work he performed at the Camas Mill, his duties on each
WILL TESTIFY of the positions he held, his activities while working at the
paper mill, his cutting and taking used dryer felts home
where he cut and used the felts in his garden, his disease,
his understanding of the events surrounding his diagnosis
of mesothelioma, his medical treatment for the disease,
how life has been affected by illness, his marriage to
Geraldine Barabin, and the facts pertaining to the claim
for economic and noneconomic damage.
Ivan Fearnhead
Ivan Fearnhead is Scapa's former corporate representative
Prior trial and deposition transcripts and will provide testimony regarding Scapa's corporate
history and multiple issues related to Scapa's
WILL TESTIFY manufacture and sale of any asbestos-containing dryer
fabrics.
Scapa objects to Plaintiff using prior
testimony of its former corporate
representative when its current
corporate representative will be
present and provide live testimony.
Harry J. Merck, Jr.
Harry Merck is Scapa's former corporate representative
Prior deposition transcripts and will provide testimony regarding Scapa's corporate
history and multiple issues related to Scapa's
WILL TESTIFY manufacture and sale of any asbestos-containing dryer
fabrics.
Scapa objects to Plaintiff using prior
testimony of its former corporate
representative when its current
corporate representative will be
present and provide live testimony.
2. Fact witnesses on behalf of Scapa:
James H. Price, III Mr. Price was the attorney for Fort James Corporation
or other designated records who personally directed and oversaw the collection of
custodian asbestos-related documents from the Camas Mill
c/o McGuire Woods LLP
One James Center
901 East Cary Street
Richmond, VA 23219-4030
May Testify
James Doherty, a former Scapa Mr. Doherty, a former employee who was the vice
employee president of manufacturing for Scapa starting in
12408 School House Street approximately 1990 and had previously worked at
Raleigh, NC 27614 Albany International from the late 1960s to 1985 and at
Niagara Lockport from 1985 to 1990 in various
capacities. Mr. Doherty will testify on Scapa's
Will Testify corporate history and multiple issues related to Scapa's
manufacture and sale of any asbestos-containing dryer
fabrics, including the composition of the fabrics, why no
warning labels were needed on the products, and why
there was no health hazard from using the products. He
may also offer testimony regarding Albany's dryer felts
and customers.
Harry Mickes, a former Crown Deposition taken June 26, 2007.
Zellerbach Camas Mill employee Barabin v. Albany International Corp.
Scapa believes that Plaintiffs are already in possession
of this deposition transcript. If they are not, it is
May Testify available upon request.
Buford Sanders, a former Crown Deposition taken June 27, 2007.
Zellerbach Camas Mill employee Barabin v. Albany International Corp.
Scapa believes that Plaintiffs are already in possession
of this deposition transcript. If they are not, it is
May Testify available upon request.
Leard Henry, a former Crown Deposition taken June 28, 2007.
Zellerbach Camas Mill employee Barabin v. Albany International Corp.
Scapa believes that Plaintiffs are already in possession
of this deposition transcript. If they are not, it is
May Testify available upon request.
Lloyd Niece, a former Crown Deposition taken February 21, 1983 and August 31,
Zellerbach Camas Mill employee 1984.
Crone v. Johns-Manville Corp., USDC Western District
of Washington, Tacoma, Case No. C81-832M(T); Niece
May Testify v. Raymark Industries, Inc., USDC Western District of
Washington, Seattle, Case No. C81-131-0M
Plaintiff objects. Scapa believes that Plaintiffs are already in possession
of this deposition transcript. If they are not, it is
available upon request.
Hugh Holdt, a former Crown Deposition taken May 17, 1982; February 22, 1983; and
Zellerbach Camas Mill employee January 17, 2003.
Crone v. Johns-Manville Corp., USDC Western District
of Washington, Tacoma, Case No. C81-832M(T);
May Testify Myhran v. Johns-Manville Corp., USDC Western
District of Washington, Tacoma, Case No. C81-626T.
Plaintiff objects. Scapa believes that Plaintiffs are already in possession
of this deposition transcript. If they are not, it is
available upon request.
Gerald T. Olsen, a former Crown Deposition taken May 28, 1982.
Zellerbach Camas Mill employee Myhran v. Johns-Manville Corp., USDC Western
District of Washington, Tacoma, Case No. C81-626T.
May Testify Scapa believes that Plaintiffs are already in possession
of this deposition transcript. If they are not, it is
available upon request.
Plaintiff objects.
Andrew Richardson Deposition taken 5/11/1987
Cannon v. Owens-Illinois, USDC, District of South
Carolina, Cause No. 84-1950
May Testify
He is former manager of the "Limpet" department for
both Keasbey & Mattison (1959-1962) and AC & S
(1962-1967) and Atlas Asbestos Company (1967-1970
when Limpet was discontinued)
VIII. EXHIBITS
See Appendix of Exhibits and Objections to Authenticity and Admissibility.
IX. ACTION BY THE COURT
This case is scheduled for trial before a jury on March 26, 2018, at Seattle.
Trial briefs shall be submitted to the court on or before March 19, 2018.
Designations, objections, and counter-designations of prior testimony shall be submitted to the court on or before March 19, 2018.
Jury Instructions requested by either party shall be submitted to the court on or before March 19, 2018. Suggested questions of either party to be asked of the jury by the court on voir dire shall be submitted to the court on or before March 19, 2018.
This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.
