FILED: NEW YORK COUNTY CLERK 02/03/ :45 PM INDEX NO /2016 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 02/03/2020

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2137 Route 35, Suite 290 Holmdel, New Jersey 07733

(T) 732-847-9191 (F) 732-203-2380

P SCARELLA DMTA PLLC

259 tiberty Avenue Staten Island, NY 10305

(T) 718-313-9208

February 3, 2020

The Early Firm

360 Lexington Avenue, 20th FlOOr

New

_York,

NY

10017

Re: February 2020 FIFO Cluster

The Early Firm

Dear Counsel:

Enclosed please find Ingersoll Rand Company's Expert and Fact Witness List and Exhibit List for the above referenced cluster.

Very truly yours,

Madison Hiel

Paralegal to Lisa M. Pascarella, Esq.

Enclosure

cc: Defense Counsel (by electronic filing)

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

IN

RE NEW YORK ASBESTOS

LITIGATION:

This Document Relates to:

INGERSOLL RAND

COMPANY'S

EXHIBIT

LIST

ALL FEBRUARY

2020 FIFO cases in which

INGERSOLL RAND

is a remaining defendant.

Defendant, Ingersoll Rand Company ("Ingersoll Rand"), subject to the reservations set

forth below, includes herewith a preliminary list of exhibits that it may seek to offer into evidence at the trial of these cases (Exhibit "A"). Some of the documents may be enlarged or

displayed by overhead projector to enhance their visibility for convenience of the Court and jury.

Ingersoll Rand reserves the right to adopt as exhibits any exhibits designated by any other

party. It further reserves the right to designate additional exhibits in response to ongoing

discovery or further pleading by plaintiffs. Such additional exhibits may include visual aids that

cannot be determined until discovery in this case is completed.

By virtue of this designation, including any cross-designation of exhibits designated by

plaintiffs or any other defendant, Ingersoll Rand does not concede the admissibility of any such

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exhibits and does not waive its rights to object to the admissibility of any such exhibits on any

grounds, including, but not limited to, authenticity, hearsay, relevance, or unfair prejudice.

Dated: Holmdel,

New

_Jersey February 3, 2020

PASCARELLA

_DIVITA,

PLLC

BY:

LISA M.

PASCARELLA

Attorneys for Ingersoll Rand Company 2137 Route 35, Suite 290

Holmdel,

New

_Jersey 07733 732-837-9019

To: Weitz

&

_Luxenberg, P.C.

700 Broadway

New

_York,

NY

10003

Belluck

&

_Fox, LLP 546 Fifth Avenue, 4th

FlOOT

New

_York, New York 10036

Napoli Shkolnik PLLC

360 Lexington Avenue, 11tl¹ Floor

New

Karst

&

von Oiste, LLP 576 5tl¹

Avenue, Suite 706

New

Meirowitz

&

Wasserberg, LLPS 233 Broadway, Suite 2070

New

The Early Firm

360 Lexington Avenue, 20tl' Floor

New

_York, New York, 10017

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AFFIDAVIT OF SERVICE

STATE OF NEW

JERSEY )

ss:

COUNTY

OF

MONMOUTH

₎

MADISON

_HIEL, _being _duly _sworn, deposes and says:

That deponent is not a party to the action; is over the age of 18 years, and resides within Middlesex County,

New

Jersey.

That on the 3rd

day of February 2020, deponent served the within

INGERSOLL RAND

COMPANY'S

EXHIBIT LIST on the following attorney(s) for defendant(s), as listed below, at the address designated by said attorney(s) for that purpose, by depositing a true copy of same enclosed in a post-office depository, under the exclusive care and custody of the United States Postal Service within

New

_Jersey State:

Weitz & Luxenberg, P.C.

700 Broadway New York, NY 10003 Belluck & Fox, LLP 546 Fifth Avenue, 4th plOOr New York, New York 10036 Napoli Shkolnik PLLC

360 Lexington Avenue, 1lth FlOOr New York, New York 10017 Karst & von Oiste, LLP 576 5th Avenue, Suite 706 New York, New York 10036 Meirowitz & Wasserberg, LLPS 233 Broadway, Suite 2070 New York, New York 10279 The Early Firrn

360 Lexington Avenue, 20th FlOOr .

New York, New York, 10017

MADISON

HIEL

Sworn to before

me

to this 3rd day of February 2020

Notary Public

ANGELICA GEARY

NOTARY

PUBLIC OF

NEW

JERSEY

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

IN

RE NEW YORK ASBESTOS

LITIGATION:

INGERSOLL-RAND

COMPANY'S

EXHIBIT

LIST

ALL FEBRUARY

2020 FIFO cases in which

INGERSOLL RAND

is a remaining defendant.

PASCARELLA

_DIVITA,

PLLC

ATTORNEYSFORDEFENDANT,

INGERSOLL RAND COMPANY

2137

ROUTE

_35,

SUITE

290

HOLMDEL, NEW JERSEY

07733

732-837-9019

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

IN

RE NEW YORK ASBESTOS

LITIGATION: Index No. 40,000/88

INGERSOLL RAND

COMPANY'S EXPERT AND

ALL FEBR.UARY

2020 FIFO

CASES FACT WITNESS

IN

WHICH INGERSOLL RAND

IS

A REMAINING DESIGNATION AND

DEFENDANT. DISCLOSURE STATEMENT

Ingersoll Rand Company ("Ingersoll Rand"

or "Defendant"), one of the defendants in the above-entitled matter, hereby designates the following persons as persons who may be called as fact or expert witnesses to testify by live testimony or by deposition at the trial of this action.

Defendant Ingersoll Rand reserves its right to remove, supplement, amend, revise or

otherwise modify this witness list following receipt of outstanding medical records, materials and other discovery up to and including the time of trial.

Defendant reserves the right to remove witnesses from this list based on unavailability, as

cumulative, or because an issue has been withdrawn from the case. This Defendant may

supplement its response to this request and provide case relevant reports, curricula vitae, to the extent they may exist, prior to trial.

The witnesses identified below are based on the types of products identified and work performed generally in these matters.

DEFENDANT. INGERSOLL RAND COMPANY'S.

EXPERT AND FACT WITNESS

LIST

1. Michael A. Graham, M.D.

St. Louis University School of Medicine 1402 South Grand Boulevard

St. Louis, Missouri 63104

Dr. Graham is a Professor of Pathology at the St. Louis University School of Medicine, where he co-directs the Division of Forensic and Environmental Pathology. He also is Chief Medical Examiner of the City of St. Louis, Deputy Medical Examiner of St. Louis County, and Deputy Chief Medical Examiner of St. Charles County. Dr. Graham is licensed in medicine by the State of Missouri and is board-certified in anatomic, clinical and forensic pathology by the American Board of Pathology. He received his medical degree from St. Louis University School of Medicine, completed a residency in anatomic and clinical pathology at St. Luke's Episcopal

Hospital in Houston, Texas, and completed a fellowship in forensic pathology at St. Louis

University School of Medicine.

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Dr. Graham may testify, live or by deposition, concerning his review of the medical records, pathology and/or work history of Plaintiff and Plaintiffs medical condition, and the cause of Plaintiffs medical condition. His testimony may also include discussion of asbestos and its effect on human health generally and Plaintiffs specifically, and the effect that other substances have on human health generally and Plaintiffs condition specifically. Dr. Graham may also testify regarding the medical conditions of Plaintiff based on review of medical records, x-rays, Plaintiffs experts'

reports and supplemental reports and his training, experience and other special expertise. Further, Dr. Graham may testify concerning the increased risk, if any, of cancer faced by asbestos exposed workers and the prognosis of such individuals.

Dr. Graham will offer his opinions based upon his knowledge, skill, experience and

training, as well as his review of the relevant medical and scientific literature. He may testify about his review of plaintiff's work history, medical condition, including asbestos-related disease, and medical records, including tissue and pathology. He may also testify about the diagnosis or lack of diagnosis of an asbestos-related disease and the etiology of such disease. He

may also testify regarding the pathology and epidemiology of asbestos-related diseases,

including as they relate to exposure to different types of asbestos fibers, different levels of dose and different types of asbestos-containing products. Dr. Graham may, on the basis of plaintiff's exposure history, offer his opinion as to which, if any, of plaintiff's ex.posures to asbestos- containing products were likely to have been a substantial contributing cause of that plaintiff's disease. It is expected that Dr. Graham also will testify that plaintiff's exposures to Ingersoll Rand products, if any, were not a substantial contributing cause of any disease suffered by plaintiff.

Dr. Graham may also testify about any matters discussed by other witnesses in these cases or any other matters within his expertise relevant to these cases. He may also testify in rebuttal to testimony by plaintiff's experts in his area of expertise.

In addition, if called to testify, either live or by deposition, Dr. Graham is expected to provide testimony regarding the areas stated below:

(1) the anatomy and function of the respiratory and circulatory systems, including the protective systems of the body with regards to the inhalation and retention of dust, and the diagnosis and treatment of disease affecting such systems;

(2) the nature of asbestos and asbestos-related diseases;

(3) the symptomatology, disease process and diagnosis of asbestosis and cancer

associated with the respiratory system, peritoneum and peritoneal cavity;

(4) the nature and extent of medical and scientific knowledge regarding ally

association of obstructive pulmonary disease with asbestos fiber exposure;

(5) the effect of exposure to substances other than asbestos on the development and

manifestation of obstructive and restrictive conditions and diseases of the

respiratory system and other causes of obstructive arid restrictive disease or defects of the respiratory system;

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(6) methods of diagnosis of various diseases, especially the means of establishing the differential diagnosis of alleged asbestos-related diseases with other non- asbestos-related diseases;

(7) incidence of lung cancer among individuals with asbestosis or asbestos exposure as compared to non-asbestotic asbestos workers, non-asbestos exposed workers and to the general population;

(8) cigarette smok.ing and its effects on the lungs and other organs;

(9) the relationship of cigarette smoking to cancer of the lung and cancers of other body parts with reference to epidemiology studies and physiologic effect;

(10) the difference between impairment and disability;

(11) the effect of asbestosis or other asbestos-related disease, or asbestos exposure without asbestosis or other asbestos-related disease, on disability and life expectancy;

(12) the lack of relationship between the presence of pleural plaques and a later

development of any form of cancer;

(13) the history of evolution and knowledge of asbestos related diseases;

(14) the import of any exhibit introduced as evidence, or any items prepared for use or used for demonstrative purposed by any witness;

(15) cancer incidence in the general population and among asbestos workers and its

potential causes;

(16) the incidence of mesothelioma among various kinds of workers exposed to

asbestos, and the relative importance of various fiber types and the cause of mesothelioma; and

(17) to the extent not covered above, asbestos medicine in general.

(18) the medical and general state of the art as it relates to asbestos exposure and diseases.

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2. Victor L. Roggli. M.D.

Duke University Medical Center Department of Pathology

Box 3712

Durham, North Carolina 27710

Dr. R.oggli is a pathologist. He may testify, live or by deposition concerning his review of the medical records, pathology and/or work history of Plaintiffs and Plaintiffs'

medical condition, and the cause of Plaintiffs'

medical condition. His testimony may also include discussion of asbestos and its effect on human health generally and Plaintiffs specifically, and the effect that other substances have on human health generally and Plaintiffs'

conditions specifically. Dr. Roggli may also testify regarding the medical conditions of Plaintiffs based on review of medical records, x-rays, Plaintiffs' experts'

reports and supplemental reports and his training, experience and other special expertise. Further, Dr. Roggli may testify concerning the increased risk, if any, of cancer faced by asbestos-exposed workers and the prognosis of such individuals.

Dr. Roggli, if called to testify, may testify regarding his review of Plaintiffs'

and/or Decedents'

medical records and diagnosis of the physical condition and relationship, if any, between Plaintiffs and/or Decedents'

exposure to asbestos as well as asbestos exposure through various products. Dr. Roggli may testify in the area of medical and scientific aspects of exposure

to dust as produced by various products and the development of asbestos-related disease

generally.

In addition, if called to testify, either live or by deposition, Dr. Roggli is expected to provide testimony regarding the areas stated below:

(1) the anatomy and function of the respiratory and circulatory systems, including the protective systems of the body with regards to the inhalation and retention of dust, and the diagnosis and treatment of disease affecting such systems;

(4) the nature and extent of medical and scientific knowledge regarding any

association of obstructive pulmonary disease with asbestos fiber exposure;

(5) the effect of exposure to substances other than asbestos on the development and

manifestation of obstructive and restrictive conditions and diseases of the

respiratory system and other causes of obstructive and restrictive disease or defects of the respiratory system;

(6) methods of diagnosis of various diseases, especially the means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos- related diseases;

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(8) cigarette smoking and its effects on the lungs and other organs;

potential causes;

(17) diagnosis of the physical condition and relationship, if any, between Plaintiffs' and/or Decedents'

exposure to asbestos as well as asbestos exposure through various products.

(18) may testify in the area of the medical and scientific aspects of exposure to dust as produced by various products and the development of asbestos-related disease generally.

(19) the difference in fiber composition, fiber durability, the human body's ability to clear certain fibers and the fibers relation to types of cancer, if any.

(20) whether or not Plaintiff's disease, injury, or physical condition was proximately or

otherwise caused by exposure to products, including but not limited to Trane

products.

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3.

Mark

_Utell, M.D.

University of Rochester School of Medicine Rochester,

New

York

Dr. Utell, pulmonologist, is a Professor of Medicine in Environmental Medicine at the

University of Rochester School of Medicine, Rochester,

New

York. He served as acting

Chairman of the Department of Medicine at the University of Rochester School of Medicine, Rochester,

New

York in 1998 and 1999. He is board certified in internal medicine since June of 1975 and pulmonary diseases since June of 1978. He is a member of the American Association for the Advancement of Science, the American Physiological Society, the American Thoracic Society, the Scientific Assembly on Environmental

&

Occupational Health, the American College of Chest Physicians, the Steering Committee on the Environmental

&

Occupational

Health Section of the American College of Chest Physicians , the Eastern Section of the

American Thoracic Society, the

New

York Trudeau Society, the American College of Physicians and the American College of Occupational

&

Environmental Medicine. He serves as consultant

to the Veterans Administration Pulmonary Disease Committee and has served in the past as a

consultant for the Environmental Protection Agency, the American Thoracic Society and the

Department of Energy. In addition, he has served on numerous national committees in the

pulmonary and thoracic fields. He also served as a member of the Editorial Board for the Annals of Internal Medicine, the Journal of Aerosol Medicine, Inhalation Toxicology, Environmental

Health Perspectives, Environmental Research and The Journal of Environmental Medicine. He

has received numerous grants to study the effects of various toxic substances on the

cardiopulmonary system. Dr. Utell is currently employed by the Department of Medicine,

Pulmonary

&

Critical Care Unit, at the University of Rochester School of Medicine, Rochester,

New

York.

Dr. Utell may review Plaintiff(s)/Decedent's deposition testimony, medical records, chest x-rays and various additional records and may opine regarding whether Plaintiff(s)/Decedent suffers/suffered from and occupationally related injuries. If called upon to testify, Dr. Utell will base his opinion on his review of Plaintiff(s)/Decendent's medical records, chest x-rays,

CT

scans, his knowledge of the scientific and medical literature, as well as his work experience in internal medicine and pulmonary disease.

4. Dr. James D. Crano

4650South Forest Street Englewood, Colorado 80110

Dr. Crapo is the Executive Vice President for Academic Affairs at the National Jewish Medical and Research Center in Colorado. Dr. Crapo may be called to testify with respect to medical condition and causation. Dr. Crapo may also testify with respect to the anatomy and function of the human respiratory system, pulmonary function testing, diseases allegedly associated with exposure to asbestos and the development of related scientific and medical knowledge. Dr. Crapo may further 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 to be considered in evaluating whether there is any

medical risk from exposure to various asbestos-containing products. He may also provide

testimony regarding animal research concerning asbestos-related disease, the biological effects of asbestos and various other dusts, cancer research, the practices and protocols regarding

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publication of scientific research and the history of research into such matters in the United states and elsewhere, including state of the art.

Dr. Crapo may further testify regarding radiology as a diagnostic aid in asbestos- associated disease as well as to his review and opinions of the radiographic findings and the correlation of those findings with plaintiff's medical records, work history and other diagnostic studies.

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

5. Dr.

Mary

Beth Beasley

Mt. Sinai Medical Center Dept of Pathology

One Gustave L Levy Place Box 1194

New

_York,

New

York 10029

Dr. Beasley is a pulmonary pathologist board certified in both clinical and anatomical

pulmonary pathology. She currently practices with Mt. Sinai Medical Center. Dr. Beasley

completed her residency at Tulane University Medical Center and was a professor of pathology

at the Tulane University School of Medicine. Dr. Beasley has worked on mesothelioma cases

during the time she was a staff pathologist and Callendar-Bingford Fellow in Pulmonary and Mediastinal Pathology for the Armed Forces Institute of Pathology. Prior to joining Mt. Sinai, Dr. Beasley worked on mesothelioma cases when she practiced medicine at Providence Portland Medical Center in Portland, Oregon. While at Providence Portland Medical Center, she was on

the Medical Executive Committee, Institutional Review Board, and was the Director of

Microbiology.

Dr. Beasley may testify regarding the general pathology of asbestos related disease and the pathology of Plaintiff, the etiology and progression of the alleged asbestos-related diseases, causation of Plaintiffs alleged disease, the relationship between various asbestos fibers and Plaintiff's alleged disease, as well as the epidemiological and other general and specific medical issues pertinent to each case as related to Plaintiff's alleged asbestos related condition.

Dr. Beasley may also testify about issues related to asbestos fiber-type including, but not limited to, physical and chemical structure, bio-persistence, and the ability of various fiber types to cause disease. Regarding diagnosis of asbestos-related diseases, Dr. Beasley may testify about the requirements for a diagnosis, diagnostic testing including related diagnostic stains and requirements to link a mesothelioma to asbestos exposure for causation purposes. Moreover, she may elaborate on the dose-response relationship between asbestos exposure and mesothelioma causation, the threshold level of exposure to asbestos for mesoth.elioma causation, the various processes from induction of asbestos fibers into the lung to mesothelioma causation, latency issues, other types of cancer that mimic mesothelioma and other causes for mesothelioma aside from exposure to asbestos.

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Dr. Beasley may also testify as to the nature and extent of medical and scientific knowledge regarding any association of pulmonary diseases with asbestos fiber exposure and the history of evolution and knowledge of asbestos-related diseases. She is also expected to testify as to whether Plaintiff's disease, injury, or physical condition was proximately caused by exposure to Ingersoll Rand's products or other products that the Plaintiff worked with or around;

and to the extent not covered above, asbestos medicine in general, including the diseases of asbestosis, lung cancer, and mesothelioma.

Dr. Beasley's testimony will be based on her training, experience, education, review of the relevant medical and scientific literature, and a review of the various documents produced in discovery and/or introduced as evidence. Dr. Beasley may also generally respond to or discuss the opinions offered by other experts who will be offering opinions in the particular case, and any related bases upon which they form their opinions, so far as they relate to her own field of expertise.

6. Louis Burgher, M.D.

12229 North 179th Circle Bennington,

NE

68007

Dr. Louis Burgher has served as a specialist in Pulmonology since 1974. He is Board certified in Internal Medicine and Pulmonary Medicine. He trained in Internal Medicine at the University of Nebraska Medical Center and was a National Institutes of Health Fellow in pulmonary disease at

the Mayo Clinic and was granted a Ph.D. in 1978. His doctoral thesis was in pulmonary

physiology. His writings are published in the medical literature including coauthoring several position papers for the American Thoracic Society. He has also served as a peer reviewer for several editorial boards including the Journals Chest and the American Review of Respiratory Disease. He has served on the faculty at the University of Nebraska College of Medicine since

1974 and holds a current appointment of Professor of Medicine. He has also served as

Associate Dean of the institution. He has experience in the diagnosis and treatment of pulmonary disease including occupational diseases linked to asbestos exposure. As a consultant for other

physicians his referral base covered 300-500 mile area around Omaha, Nebraska and he has

provided care for patients with both common and rare pulmonary disorders, of asbestos related disease, and he is licensed to practice medicine in Missouri, Iowa, Minnesota, and Nebraska.

May

testify about the etiology and progression of alleged asbestos-related diseases, the effect of cigarette smoking, attribution of causation including comparison to gaskets and packing based on hypotheticals, as well as the epidemiological and other general and specific medical issues pertinent to this case as related to plaintiff's (decedent's) condition. He may also testify about the past and/or present state of medical and scientific knowledge regarding asbestos- related diseases, including the historical development of such knowledge regarding hazards associated with exposure to asbestos as well as the development and use of TLVs.

Dr. Burgher may testify about his review of plaintiff's work history, medical condition, including asbestos-related disease, and medical records, including pulmonary evaluations. He may also testify about the diagnosis or lack of diagnosis of an asbestos-related disease and the etiology of such disease. He may also testify regarding the epidemiology of asbestos-related diseases, including as they relate to exposure to different types of asbestos fibers, different levels

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of dose, and different types of asbestos-containing products. Dr. Burgher may, on the basis of plaintiff's exposure history, offer his opinion as to which, if any, of plaintiff's exposures to asbestos-containing products were likely to have been a substantial contributing cause of that plaintiff's disease. It is expected that Dr. Burgher will testify that plaintiff's exposures to Ingersoll Rand products, if any, were not a substantial contributing cause of any disease suffered by plaintiff.

Dr. Burgher may also testify about any matters discussed by other witnesses in these cases or any other matters within his expertise relevant to these cases. He may also testify in rebuttal to testimony by plaintiff's experts in his area of expertise.

7. Michael J. Warhol, M.D., F.C.A.P.

Pathology Consulting Network, Inc.

135 Allgates Drive

Haverford, Pennsylvania 19041

Dr. Michael Warhol is a Board-certified pathologist and former faculty member at the University of Pennsylvania School of Medicine and is a retired Chairman of the Pathology Department at Pennsylvania Hospital.

Dr. Warhol is expected to testify regarding the anatomy and function of the human

respiratory system, the defense mechanisms to inhaled particulates or dust within the respiratory system and the lung's responses to insults or stimuli. Dr. Warhol may also testify as to the various strengths and limitations of the available methods and criteria for diagnosing and evaluating alleged asbestos-related medical conditions. Dr. Warhol may testify regarding the

etiology and epidemiology of malignant and non-malignant diseases related to asbestos

exposure, tobacco smoke, and other toxic agents and/or exposures.

Dr. Warhol may testify regarding the diagnosis, etiology, and causation of the medical conditions that Plaintiffs allege. Dr. Warhol may testify regarding his review of any pathology material of Plaintiff, if applicable, and may testify about any histochemical and immunochemical stains done on such pathology material, if applicable, and any diagnosis made thereon. He may also testify on other tests and techniques used in the diagnosis of mesothelioma and other cancers.

Dr. Warhol is further expected to testify regarding the nature and relationship, if any,

between asbestos exposure and malignant and non-malignant conditions, including, but not

limited to, mesothelioma, lung cancer, asbestosis, pleural plaques, pleural thickening, and other cancers and m.edical conditions. Dr. Warhol may testify about the methods and criteria for diagnosing the above-referenced medical conditions including related differential diagnoses. Dr.

Warhol is expected to testify as to the diagnostic requirements, preconditions, and/or

considerations for attributing the above-referenced medical conditions to a particular causative agent or condition. Dr. Warhol may testify as to the concepts of dose-response, latency, and thresholds as th.ey relate to the above-referenced medical conditions. Dr. Warhol may testify as to non-asbestos causes of the above-referenced medical conditions, including, but not limited to, exposure to tobacco smoke and/or alcohol consumption. Dr. Warhol may also testify as to the various predisposing risk factors related to the above-referenced medical conditions. Dr. Warhol

may be called upon to review, analyze, and explain fiber burden data generated by other

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laboratories. Moreover, Dr. Warhol may testify regarding tumor growth and/or tumor doubling time. Dr. Warhol may respond to pathologic and medical testimony proffered by Plaintiffs' experts.

Dr. Warhol may also testify regarding the calculation of estimated fibers per gram of dry lung tissue and the significance of those findings as they relate to Plaintiff s alleged occupational exposure to asbestos-containing materials. I-Ie may testify regarding the manner in which asbestos fibers are dissolved and removed from the lungs, the manner in which asbestos fibers penetrate the lungs, and the basis of their pathogenicity. He may also testify regarding the state-

of-the-art concerning the relationship between asbestos fibers and illnesses such as

mesothelioma, bronchogenic carcinoma, and other forms of cancer, interstitial fibrosis, pleural plaques and other pleural changes. He will also testify about the historical knowledge in the

medical community regarding the levels of asbestos fibers believed to be pathogenic, with

respect to mesothelioma, bronchogenic carcinoma, asbestosis, and other related illnesses.

Dr. Warhol will base his opinions on his education, training, professional work

experience, and/or research. Dr. Warhol may also base his opinions on his review of the

scientific and medical literature as well as Plaintiffs medical records, diagnostic materials, discovery information, and evidence.

Dr. Warhol may be asked to respond to the testimony and documents of certain witnesses offered at the time of trial or in depositions including, but not limited to, the testimony of witnesses offered by Plaintiff.. Dr. Warhol may also respond to matters within his field of expertise raised by Plaintiff in the presentation of Plaintiff s case in chief. Accordingly, some of Dr. Warhol's testimony is dependent upon the prior testimony of other witnesses and cannot be predicted with further specificity.

This disclosure is based on the information available to Dr. Warhol at this time. Should additional information become available, Dr. Warhol reserves the right to determine the impact, if any, of the new information on his opinions and conclusions, and to revise his opinions and conclusions if necessary.

For further identification, explanation, and clarification of Dr. Warhol's testimony, to the extent he will be used at trial, Dr. Warhol will be made available for deposition at a mutually convenient time by contacting Defendant's counsel.

8.

Marv

A. Finn Ph.D..

CIH

The Finn Group 5772 Gallery Ct.

W. Des Moines., IA 50266

Dr. Mary A. Finn, Ph.D., C.I.H., is a certified industrial hygienist with a Master's degree in Public Health with an emphasis on risk assessment and epidemiology. She has over twenty years'

experience as a practicing industrial hygienist operating her own consulting company.

Prior to her career as a consultant, she was a compliance officer for Iowa OSHA. She is

expected to testify about plaintiffs alleged exposure to asbestos, including the relative fiber-year exposures at various places of employment. Dr. Finn may also testify regarding any personal inspection of the facilities at issue and/or a review of any documents regarding the facility at

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issue herein. She is also expected to testify about industrial hygiene and the appearance, application, properties and uses of various asbestos-containing products. Additionally, Dr. Finn is expected to testify about both epidemiology and risk assessment related to asbestos exposed populations based upon her review of the literature, her education and her own experience. Dr.

Finn has agreed to testify at trial and will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the specific testimony, including any opinion and its basis, that she is expected to give at trial.

Dr. Finn may also testify about any matters discussed by other witnesses in these cases or any other matters within her expertise relevant to these cases. She may also testify in rebuttal to testimony by plaintiff's experts in her area of expertise.

9. Bryan Hardin, Ph.D., A.T.S.

Veritox

18372 Redmond-Fall City Road

Redmond, Washington 98052

Dr. Hardin retired as an Assistant Surgeon General with the United States Public Health Service (USPHS) and is a former Deputy Director of the National Institute for Occupational

Safety and Health (NIOSH). He served 28 years as a commissioned officer in the

USPHS

assigned to NIOSH. He is a Fellow of the Academy of Toxicological Sciences, an associate

member of the American College of Occupational and Environmental Medicine, and a full

member of the American College of Toxicology, the American Industrial Hygiene Association, the Society of Toxicology, and the Teratology Society.

If called to testify at trial, Dr. Hardin may testify as to the state of the art with regard to asbestos in th.e scientific, medical, and industrial communities, and in particular of the evolution of knowledge regarding the effects of asbestos exposure and its control during the time period relevant to this case. Dr. Hardin may also testify as to the various standards for exposure to

asbestos, such as TLVs and OSHA-promulgated PELs, and their evolution throughout time. He

may testify about scientific methodology, results, technology, conclusions and reporting with regard to asbestos and other substances and the evolution of such areas throughout time.

Dr. Hardin may testify about the development of knowledge of the potential risk of

various substances in general, and asbestos in particular. He may testify about the risks

generally appreciated and understood at various points in time during the twentieth century by the medical and regulatory communities as a result of exposure to asbestos-containing products, and whether it was understood that such exposures presented a risk of harm to individuals. Dr.

Hardin may testify about the development of knowledge regarding the dose-response

relationship between exposure to asbestos and disease, and other related matters. He may testify about the state of the art relative to asbestos fiber type distinctions and their effects on humans, as well as the state of the art of occupational medicine issues relating to asbestos, including but not limited to the use of asbestos-containing materials on work sites and the assessment of the risk of exposure under various working conditions.

Dr. Hardin may respond to expert testimony or opinions offered on behalf of Plaintiff, including but not limited to testimony, if any, regarding state of the art, the evolution of the knowledge of the effects of asbestos exposure, issues regarding Plaintiff's exposure and disease

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causation, issues of disease causation in general, and standards and regulations applicable to asbestos use and exposure Dr. Hardin may also analyze the methodology, protocol or other bases for expert testimony or opinions offered on behalf of other parties to this case.

10. John

W.

Spencer. CIH. CSP,

RS

8815 Centre Park Drive, Suite 311

Columbia, Maryland 21045

Phone: 410-964-9900

Mr. Spencer is an industrial hygienist. His field of expertise is occupational safety and health. He may testify regarding the development and use of threshold limit values and the promulgation of state and federal regulations concerning the use of asbestos and exposure to asbestos in occupational settings. He may testify regarding technical state of the art and scientific knowledge regarding asbestos, asbestos exposure and related industrial hygiene practices. He

may

testify about the nature of the working environment in facilities such as those where plaintiffs worked. He may also testify about ability or inability of certain asbestos products identified by the plaintiffs to release asbestos fibers.and about tests of such products.

He may also testify about other asbestos products identified by plaintiffs that are generally known to be in a working environment similar to plaintiffs. He may also testify regarding the chronology and meaning of governmental or other regulations regarding permissible levels of airborne asbestos fibers. He will testify about tests he conducted on Ingersoll Rand equipment, the results of those tests and about any and all opinions and the basis of such opinions regarding the results of those tests. He may also testify regarding any personal inspection of the facilities at issue and/or a review of any documents regarding the facility at issue herein. Mr. Spencer will also testify regarding warnings related issues and the efficacy and/or necessity or feasibility of warnings pertaining to asbestos as regards Ingersoll Rand pumps and other equipment.

Mr. Spencer may also testify about any matters discussed by other witnesses in these cases or any other matters within his expertise relevant to these cases. He may also testify in rebuttal to testimony by plaintiff's experts in his area of expertise.

11. Charles D. Stauffer, P.E.(Deceased) Stauffer

&

Associates, Inc.

6800 West 100th Street Overland Park,

KS

66212 Phone: (913) 649-1917

Charles Stauffer was a Professional Engineer and President of Stauffer

&

Associates.

Mr. Stauffer had a Masters in Mechanical Engineering from Lehigh University. Mr. Stauffer had thirty-one years of experience in pump design in the engineering departments of Ingersoll Rand and Fairbanks Morse, followed by an additional twenty-two years of experience from consulting projects related to pumps and pumping systems. His experience included all phases of design for a wide variety of pump types and sizes for various applications, including responsibility for special order engineering, special application engineering, research and development, quality assurance, test and field service functions. Mr. Stauffer also served as a member of committees of ANSI and the Hydraulics Institute.

(18)

Mr. Stauffer's prior deposition transcripts may be offered to provide information regarding all aspects of pumping equipment relating to application, design, functioning, installation, operation, testing, and associated systems. This includes pump design, procurement, installation, repair and maintenance relating to commercial and industrial facilities, marine and U.S. Navy vessels, generally and relating to worksites in this case. In his transcripts Mr. Stauffer discusses job duties, typical work efforts, and work environments of various construction and industrial trades at facilities, union and non-union.

Mr. Stauffer's transcripts may be offered to address components of Ingersoll Rand pumps and any use or non-use of asbestos with or around any such equipment or machinery based upon his experience as a design engineer, project engineer and supervising engineer of Marine

k

Navy, at Ingersoll Rand from 1953-1964, and subsequent experience as a professional engineer in pump design and operation, His transcripts may fui<her be offered to address standards of pump design issued by ANSI,

ASME,

^Hydraulics Înstitute ând ôther ^design ^standards ^{as well} âs

address Navy contracts and the logistics of supplying

US

_Navy with pumping equipment from

the time of the original invitation for bids through to the delivery of the finished product including testimony regarding

MIL

Specs which had to be followed and the oversight provided by the

US

_Navy in the design and fabrication process.

12. Roger Horne. Jr.. Rear Admiral.

USN

tRet.l

1900 Tekiu Road

NW

Seabeck,

WA

98380 (360) 830-2067 (Office) (360) 830-4058 (Home)

Admiral Horne is a Naval Architect with experience and background in the design,

construction and maintenance of naval and commercial vessels. He also has experience in the research and analysis of naval and maritime shipbuilding records from various national and federal resources. It is anticipated that he will provide testimony regarding the nature and kinds of equipment manufactured by Ingersoll Rand on various ships upon which plaintiff served. He may further testify about the various job duties and tasks in which the plaintiff may have engaged, naval regulations and requirements for machinery, tradesmen, shipbuilding and any technical manuals related to equipment onboard naval vessels, .and he may testify and offer opinions, based upon his education, experience and personal training, his review of maintenance records of the various vessels on which Plaintiff(s) allege exposure, those vessels'

histories, and his general knowledge concerning the maintenance procedure, aboard ships, that is more likely than not that any asbestos-containing components, within Defendant's machinery, if any, would have been replaced numerous occasions prior to Plaintiffs alleged exposure with materials manufactured and supplied by entities other than the Defendant. He may also testify generally with regard to the promulgation and use of military specifications and "qualified products lists"

by the U.S. Navy and the shipbuilding industry.

13. Michael Covle. Rear Admiral.

USN

l'Ret.'I

300 Exelon

Way

Kennett Square.,

PA

Rear Admiral Michael Coyle, U.S. Navy, Retired. has a Bachelor of Science degree (U.S, Naval Academy, 1965') and a Master of Science degree in Mechanical Engineering (U,S. Naval

(19)

Postgraduate School, 1976). Adm. Coyle served in the United States Navy on active duty for 33

years before retiring as a Rear Admiral

(RADM)

ⁱⁿ ^1998. ^Adm. ^Coyle ^can testify about: (a)

naval shipbuilding, conversion, repair and maintenance in general, (b) the various materials used

in ship construction and repair, (c) shipboard, shipyard and Navy practices during ship

construction and repair, (d) the responsibilities and involvement of shipboard and shipyard personnel (both naval and civilian) and outside contractors during ship construction, conversion, repair and maintenance, (e) naval supply and procurement, and (f) the government's involvement in the specification of materials used in ship construction and repair. Adm. Coyle has agreed, if called, to testify at the trial of this matter and will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning any opinion and its basis.

Adm. Coyle may also testify about any matters discussed by other witnesses in these cases or any other matters within his expertise relevant to these cases. He may also testify in rebuttal to testimony by plaintiff's experts in his area of expertise.

14. John E.

Graham

Monticello Arcade Suite 225 208 East Plume Street

Norfolk, Virginia 23510

John E. Graham is a consultant with Heflin

&

_Williams, Inc. He received his B.S. in

Civil Engineering from Old Dominion University, Norfolk, VA, in 1969. He received a

Certificate in Hull Design for Newport News Shipbuilding Apprentice School in 1961. He is a

member of the Society of Naval Architects and Marine Engineers. He has worked in the

management of construction, overhaul, modernization, and repair of U.S. Navy and commercial vessels. He has worked on government projects including aircraft carriers, surface combatants, and submarines. His commercial construction and repair projects include new building of liquid natural gas carriers, ultra-large crude carriers, cargo transport ships, "jumboizing"

tankers, and repair of passenger ships, roll-on/roll-off ships, container ships, oil tankers, and product carriers.

Mr. Graham will testify generally as to the drafting, promulgation, and use of

specifications and qualified products lists by the United States Navy and the shipbuilding industry. He

may

^also testify how those specifications and Qualified Products List (QPLs) for

asbestos-containing materials used on U.S. Navy vessels and in U.S. Navy and commercial

shipyards were drafted and approved by the United States Navy, and how such materials were procured, inventoried, and maintained. Mr. Graham may also testify that the Navy requires all materials, including asbestos-containing insulation, to be inspected and approved for compliance with applicable specifications before installation on any naval vessels.

He may also testify about requirements and practices pertaining to ship design and

construction in general and may offer opinions about shipbuilding and procurement practices and policies at shipyards in general and at the specific shipyards at issue in this lawsuit. He may also

testify about the practices and procedures, including written documentation, used by Navy

personnel to inspect, maintain, repair, and overhaul

US

_Navy vessels. Finally, Mr. Graham may testify about Plaintiff's opportunities for exposure to asbestos-containing products aboard the vessels on which Plaintiff was stationed or worked.

(20)

Mr. Graham's testimony will be based on his education, experience and professional training, review of design, maintenance and other Naval records of the various shipyards and

vessels in question, and general knowledge concerning the maintenance and procurement

procedures for United States Naval and commercial vessels.

15.

Dan

Heflin. Jr.

PE

Norfolk,

VA

23510

Mr. Heflin is a naval engineer and a registered professional engineer in the

Commonwealth of Virginia. He retired from Newport News Shipbuilding and Drydock

Company in 1992 after a 36-year career in which he held various positions, including Designer, Design Section Manager, and Director of Engineering Services. As a designer, he reviewed boiler drawings for numerous commercial and naval vessels for compliance with applicable

naval and commercial specifications and standards. He worked closely with the Navy's

Supervisor of Shipbuilding and/or

NAVSHIPS

Commander regarding approvals for drawings

and associated technical manuals. As a design section manager, he prepared contract drawings and technical specifications for an entirely new class of nuclear attack submarines for the Naval

Seas System Command. As Director of Engineering Services, he was responsible for the

shipyard's design and engineering activities for nuclear and non-nuclear vessels. After retiring

from Newport

News

Shipbuilding in 1992, he formed Heflin and Williams, an engineering

consulting firm, which provides engineering-related services to private industry and to

government agencies. His work has included analysis of governmental specifications and

material and facility requirements for conversion overhauls on commercial vessels. He has

served as a consultant to Navy contractors regarding their qualification and compliance with government specifications.

Mr. Heflin will testify generally as to the drafting, promulgation, and use of

specifications and qualified products lists by the United States Navy and the shipbuilding industry. He

may

^also testify how those specifications and Qualified Products List (QPLs) for

asbestos-containing materials used on U.S. Navy vessels and in U.S. Navy and commercial

shipyards were drafted and approved by the United States Navy, and how such materials were procured, inventoried, and maintained. Mr. Heflin may also testify that the Navy requires all materials, including asbestos-containing insulation, to be inspected and approved for compliance with applicable specifications before installation on any naval vessels.

He may also testify about requirements and practices pertaining to ship design and

construction in general and may offer opinions about shipbuilding and procurement practices and policies at shipyards in general and at the specific shipyards at issue in this lawsuit. He may also

testify about the practices and procedures, including written documentation, used by Navy

personnel to inspect, maintain, repair, and overhaul

US

_Navy vessels. Finally, Mr. Heflin may testify about Plaintiff's opportunities for exposure to asbestos-containing products aboard the vessels on which Plaintiff was stationed or worked.

Mr. Heflin's testimony will be based on his education, experience and professional training, review of design, maintenance and other Naval records of the various shipyards and

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vessels in question, and general knowledge concerning the maintenance and procurement procedures for United States Naval and commercial vessels.

16. Wesley C. Hewitt

Norfolk, Virginia 23510 (757) 624-1114

Mr. Hewitt is an Ocean Engineer by education. He holds a master's degree in mechanical engineering from

MIT

and received his B.S. from the

US

Naval Academy. Mr. Hewitt served in the U.S. Navy from 1949 - 1953. He attended submarine school and was in the commissioning crew of the

USS

_Tang (SS 563). Thereafter, he attended the

US

Naval Academy and graduated in 1957. From 1957 until 1972, he served in various capacities in the U.S. Navy. During this 15

year period, he served in positions involving engineering responsibilities including Main

Propulsion Assistant and Damage Control Assistant on destroyers; Sonar, Electronics Material,

Weapons and Communications Officer and Assistant Engineer during overhaul on diesel

submarines; Chief Engineer of a nuclear submarine during construction and for several patrols;

and Chief Engineer/Material Officer of a deployed submarine squadron in Rota, Spain. The

deployed submarine squadron maintained and refitted 24 different

SSBN

assets including a

floating dry dock (AFDM), two different submarine tenders (one diesel powered, the other steam powered) and miscellaneous yard and service craft.

From 1972 until 1976, Mr. Hewitt served as the

NAVSEA

_Ship Acquisition Program

Manager Representative for

New

Construction of Submarines at Newport News Shipbuilding.

During this period he represented the

SHAPM

_(PMS-393) and the Supervisor of Shipbuilding,

Newport News (SUPSHIPNN) for all new submarine construction matters including design,

engineering, construction, government furnished material, life cycle engineering, outfitting, crew training, tests, trials, and contract administration. From 1976 until 1979, Mr. Hewitt served as the

NAVSEA

Assistant Ship Acquisition Program Manager for Class Submarines.

During this period, nine Class submarines were delivered to the U.S. Navy. From 1979

until 1982, Mr. Hewitt served as Repair Superintendent and Planning Officer at the Charleston Naval Shipyard. As Repair Superintendent, he directed and managed all waterfront production

efforts. This work included participating in planning and execution of a variety of major

overhauls of surface combatants, auxiliaries, and submarines; directing light-off preparation and

at-sea trials for DD,

DDG-2

and

CG

class surface combatants. As Planning Officer, he

contributed to all major technical and engineering decisions and managed all shipyard business with Atlantic and Pacific Fleet customers.

From 1982 until 1985, Mr. Hewitt served as Senior Engineering Duty Officer in the staff

of the Commander

US

Submarine Force, Pacific. He directed and managed the overhaul of the

COMSUBPAC

submarines, auxiliaries, floating dry-docks, and other craft; recommended

actions for submarine overhauls that reduced time in shipyards and added ship years of

submarine operations to the Pacific Fleet. He also made direct recommendations to

COMSUBPAC

for immediate material and operational decisions and brought Trident Repair Facility into operation and supported Trident submarines joining the Pacific Fleet.

(22)

From 1985 until 1988, Mr. Hewitt served as the Commanding Officer of the

US

Naval Ship Repair facility, Subic Bay, Philippines. He directed and managed this 5,000-man shipyard that accomplished overhauls and repairs on all types and classes of U.S. Navy combatant and

auxiliary ships/craft. From 1988 until 1991, he served as the Project Support Manager,

SEAWOLF

(SSN-21 Class Submarine Design). During this tim.e, he managed the configuration

management, administrative, and support efforts for the

SEAWOLF

design. These efforts

included: receipt and distribution of all

SEAWOLF

technical information and correspondence;

drawing review and issue for computer developed drawings; direction of a program to track all

contract changes with the drawing rooms and to ensure the changes were accounted for and

incorporated into the drawings. In addition, he was a member of the

NNS

team planning the

construction of

SEAWOLF

Class Submarines.

From 1991 until 1994, Mr. Hewitt directed the Royal Saudi Naval Forces ship repair facility in Jeddah, Saudi Arabia. Since 1994 Mr. Hewitt has served as a project manager and consultant with Heflin

&

Associates.

It is anticipated that Mr. Hewitt will testify generally as to the drafting, promulgation, use

of Navy/Maritime specifications and qualified products list by the U.S. Navy and the

shipbuilding industry. He may also testify how such specifications and Qualified Products List (QPLs) for asbestos containing materials used on U.S. Navy vessels including submarines and in

U.S. Navy and commercial shipyards were drafted and approved by the U.S. Navy, and how

such materials were procured, inventoried and maintained in accordance with such documents.

Mr. Hewitt may also testify that the U.S. Navy requires that all materials, including asbestos- containing insulation, be inspected and approved for compliance with applicable specifications before any such materials could be installed on naval vessels.

His testimony may also include opinions about requirements and practices pertaining to

ship design and construction and in general. He may also testify and offer opinions about

shipbuilding and procurement practices and policies at shipyards in general and at the specific shipyards at issue in this lawsuit. He may also testify about the practices and procedures, including written documentation used by U.S. Navy personnel to inspect, maintain, repair, and overhaul U.S. Navy vessels. Finally, Mr. Hewitt may testify about the plaintiff's or decedent's opportunities for exposure to asbestos-containing products aboard sea going vessels.

Mr. Hewitt's testimony will be based on his education, experience and professional training, review of design, maintenance and other naval records of the various shipyards and

vessels in question and general knowledge concerning the maintenance and procurement

procedures for United States Naval and commercial vessels.

17. Thomas F. McCafferv

107 S. West Street Suite 107 Alexandria,

VA

22314

Thomas F. McCaffery is President of McCaffery

&

Associates, Inc., which engages in the analysis of U.S. Navy ship design, development, construction, and maintenance. He is an expert in the identification and analysis of U.S. Navy and Merchant ship design, development, construction, maintenance and repair records, plans, and photographs. In addition to this primary research, he also researches U.S. Navy personnel records and Navy/military specifications,

(23)

qualified product lists and related records. This research, combined with his experience, training and education has provided him with a unique grasp of the Naval and maritime practices and policies from the 1940s through the 1970s. He received his B.S. from the U.S. Merchant Marine

Academy, an M.B.A. from Georgetown University and a diploma from th.e U.S. Naval War

College's College of

Command

and Staff. Mr. McCaffery previously served as a licensed officer aboard every type of vessel in the U.S. Merchant Marine, including Very Large Crude Carriers, Handy Sized Tankers, General Cargo and Dry Bulk Carriers. He is a retired U.S. Naval Reserve

Commander who has served as a consultant to the U.S. Navy. He is also a member of the

Society of Naval Architects.

Mr. McCaffery will testify regarding U.S. Navy and Merchant ship design, development, construction, maintenance and repair. He will also testify regarding U.S. Navy and military

specifications for the use of asbestos-containing products aboard ships in a variety of

applications, including, without limitation, boilers, steam lines, insulation main propulsion and auxiliary systems. He may also testify regarding research, development, design, engineering and procurement practices of the U.S. Navy regarding asbestos-containing materials, including,

without limitation, amosite asbestos on specific U.S. Navy ships. He may further testify

regarding how these documents are created, maintained, and archived, as well as their

significance. Mr. McCaffery may also testify about Plaintiff's opportunities for exposure to

asbestos-containing materials onboard United States Navy, U.S. Coast Guard and Merchant

vessels.

Mr. McCaffery may provide testimony on his research of Qualified Product Lists with respect to the products used aboard various ships, as well as his research regarding documents relating to Navy and/or Coast Guard ships.

18.

Marc

Plisko.

CIH

Environmental Profiles Inc.

8805 Columbia 100 Parkway, Suite 100

Columbia,

MD

21045

Mr. Plisko is a senior product manager and industrial hygienist. His field of expertise is occupational safety and health. He may testify regarding the development and use of threshold limit values and the promulgation of state and federal regulations concerning the use of asbestos and exposure to asbestos in occupational settings. He may testify regarding technical state of the art and scientific knowledge regarding asbestos, asbestos exposure and related industrial hygiene practices. He may testify about the nature of the working environment in facilities such as those where plaintiffs worked. He may also testify about ability or inability of certain asbestos products identified by the plaintiffs to release asbestos fibers and about tests of such products.

He may also testify about other asbestos products identified by plaintiffs that are generally known to be in a working environment similar to plaintiffs. He may also testify regarding the chronology and meaning of governmental or other regulations regarding permissible levels of airborne asbestos fibers. He will testify about tests conducted on Ingersoll Rand equipment, the results of those tests and about any and all opinions and the basis of such opinions regarding the results of those tests. He may also testify regarding any personal inspection of the facilities at issue and/or a review of any documents regarding the facility at issue herein. Mr. Plisko will also testify regarding warnings related issues and the efficacy and/or necessity or feasibility of

warnings pertaining to asbestos as regards Ingersoll Rand pumps and other equipment. Mr.

(24)

Plisko may also testify about any matters discussed by other witnesses in these cases or any other matters within his expertise relevant to these cases. He may also testify in rebuttal to testimony by plaintiff's experts in his area of expertise.

19. Dr. I. Allan Feingold

Chief, Division of Pulmonary Medicine South Miami Hospital

6200 Southwest 73rd street Miami, FL 33143

Telephone: 305-668-5229

Dr. Feingold may testify, in general, concerning asbestos-related diseases and the effects of exposure to asbestos upon persons in occupational settings, including the epidemiology of asbestos-related diseases and the criteria for the diagnosis of such diseases. He may also testify based upon his review of Plaintiff's records, radiology and pathology, regarding the existence or non-existence of any asbestos-related disease or abnormality in the plaintiffs including, but not limited to pleural changes, asbestosis, lung cancer and mesothelioma. Dr. Feingold may testify

on whether any asbestos-related disease allegedly suffered by plaintiffs was medically or

proximately caused by exposure to asbestos-containing products. He may also testify on the existence of a dose response relationship between exposure to asbestos and asbestos-related disease. Dr. Feingold may testify whether any disease or disability is progressive and whether other non-asbestos associated diseases or conditions are present in plaintiffs. Dr. Feingold's testimony will be based on his training, experience, education and his long-term, on-going review and interpretation of the medical literature concerning asbestos-related disease. Dr.

Feingold may offer testimony on any other matter addressed at his deposition in this case.

Dr. Feingold may testify, live or by deposition, concerning his review of the medical records, pathology and/or work history of Plaintiff and Plaintiffs medical condition, and the cause of Plaintiffs medical condition. His testimony may also include discussion of asbestos and its effect on human health generally and Plaintiffs specifically, and the effect that other substances have on human health generally and Plaintiffs condition specifically. Dr. Feingold may also testify regarding the medical conditions of Plaintiff based on review of medical records, x-rays, tissues, Plaintiffs experts'

reports and supplemental reports and his training,

experience and other special expertise. Further, Dr. Feingold may testify concerning the

increased risk, if any, of cancer faced by asbestos exposed workers and the prognosis of such individuals.

In addition, if called to testify, either live or by deposition, Dr. Feingold is expected to provide testimony regarding the areas stated below:

(1) the anatomy and ftmetion of the respiratory and circulatory systems, including the protective systems of the body with regards to the inhalation and retention of dust, and the diagnosis and treatment of disease affecting such systems;

(25)

(4) the nature and extent of medical and scientific knowledge regarding ally association of obstructive pulmonary disease with asbestos fiber exposure;

(5) the effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system and other causes of obstructive arid restrictive disease or defects of the respiratory system;

(6) methods of diagnosis of various diseases, especially the means of establishing the differential diagnosis of alleged asbestos-related diseases with other non- asbestos-related diseases;

(8) cigarette smoking and its effects on the lungs and other organs;

potential causes;

(18) the medical and general state of the art as it relates to asbestos exposure and diseases.

(26)

(19)

He

_may also testify regarding

NIBCO

_products, _{if any,} which are involved in this case.

20. Gerald Swimmer

Mr. Swimmer is expected to testify as a corporate witness for Ingersoll Rand, and will provide testimony regarding issues concerning equipment manufactured by Ingersoll Rand. Mr.

Swimmer is knowledgeable with respect to corporate policies, products manufactured, the

manner in which products were supplied or sold, corporate records and otherwise generally knowledgeable with respect to Ingersoll Rand corporate matters. He is expected to testify regarding Ingersoll Rand product(s) claimed to be at issue in this case, and may respond to testimony from other witnesses with respect to Ingersoll Rand products.

21. Jobsite and Co-Worker Witnesses

Ingersoll Rand reserves its right to call any jobsite or co-worker witness, whether identified by Plaintiffs, on any Plaintiffs'

witness list, or Answers to Interrogatories, or in deposition, on any party's witness list, or whether otherwise discovered

Ingersoll Rand's investigation is continuing and it reserves the right to supplement this witness list.

Ingersoll Rand reserves the right to call all defense medical witnesses and any physician who has seen, examined, treated and/or autopsied Plaintiffs or Plaintiffs'

pathology, chest x-rays and/or PFTs, Plaintiffs'

treating physicians regarding evaluation, diagnosis and treatment of injuries and/or medical conditions incurred by Plaintiffs during their lifetime, regarding the effects of these illnesses and/or injuries on Plaintiffs'

life, general health, physical abilities and life expectancy. Treating physicians are listed by Plaintiffs in Plaintiffs'

Answers to

Interrogatories and Witness Designations.

Ingersoll Rand reserves the right to call additional expert witnesses and request additional opinions from its expert witnesses to rebut the options offered by Plaintiffs or any other parties' expert witnesses. In addition, Ingersoll Rand reserves the right to call any and all expert witnesses identified and designated by other parties to this litigation, to the extent not inconsistent with positions taken by Ingersoll Rand.

Ingersoll Rand reserves the right to call any witnesses (expert, fact or corporate) identified by Plaintiffs, or any other party in these cases, including but not limited to product identification witnesses, co-workers and family members, and incorporates these witnesses in this designation, to the extent not inconsistent with positions taken by Ingersoll Rand.

Ingersoll Rand reserves the right to call any other person identified as a potential witness by any other party to the litigation.

(27)

Ingersoll Rand further reserves the right to call any expert and/or fact witness whose deposition appears in any of the parties'

witness or deposition designations, whether or not such party is still a party at the time of trial.

Ingersoll Rand reserves the right to name additional witnesses, based upon further evaluation of information gathered from the discovery process, which is still open in accordance

with the applicable Scheduling Order, and/or new information, or testimony concerning

Plaintiffs health or any change in the Plaintiffs health, condition, or subsequent availability of pathology, chest x-rays and medical records, or to name additional witnesses to address non- medical claims by Plaintiffs that may arise during on-going discovery.

Ingersoll Rand also reserves the right to use any affidavits, depositions, answers to interrogatories, witnesses, exhibits and answers to requests for admissions made by any party to this action, whether or not such party is still a party at the time of trial.

Ingersoll Rand further reserves the right to call any witnesses who may be necessary for rebuttal testimony.

Dated: Holmdel,

New

_Jersey February 3, 2020

Yours etc.,

PASCARELLA

DIVI ,

PLLC

BY:

Lisa M. hsEarella

Attorneys for Ingersoll Rand Company 2137 Route 35, Suite 290

Holmdel,

New

_Jersey 07733

(28)

AFFIDAVIT OF SERVICE

STATE

OF

NEW

JERSEY )

) SS.:

COUNTY OF MONMOUTH

₎

MADISON

_HIEL, _being _duly _sworn, deposes and says: that deponent is not a party to the action, is over 18 years of age and resides in the County of Middlesex,

New

Jersey.

That on the 3rd day of February 2020, deponent served the within

EXPERT AND FACT

WITNESS DESIGNATION AND DISCLOSURE STATEMENT

on the following attorney(s) for plaintiff(s) as listed below, at the address designated by said attorney(s) for that purpose, by depositing a true copy of same enclosed in a post-office depository, under the exclusive care and custody of the United States Postal Service within

New

_Jersey State:

Weitz

&

_Luxenberg, P.C.

700 Broadway

New York,

NY

10003

Belluck

&

_Fox, LLP 546 Fifth Avenue, 4* Floor

New

Napoli Shkolnik PLLC

360 Lexington Avenue, 116 Floor New York, New York 10017

Karst

&

von Oiste, LLP 576 56

Avenue, Suite 706

New

Meirowitz

&

Wasserberg, LLPS 233 Broadway, Suite 2070

New

The Early Firm

360 Lexington Avenue, 20* Floor

New

_York,

New

_York, 10017

MADISON

HIEL

Sworn to before

me

to this 3rd day of February 2020

Notary Public