Kotar etal vs A.O. Smith Corporation etal, GD-22-009398, None (Pennsylvania State, Court of Common Pleas, Allegheny County, Civil Division Nov. 1, 2023) (2024)

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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`CIVIL DIVISION – ASBESTOS
`
`CHRISTOPHER KOTAR and KAREN
`KOTAR, his wife,
`
` Plaintiffs,
`
` vs.
`
`A.O. SMITH CORPORATION, et al.,
`
` Defendants.
`
`G.D. No. 22-009398
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`DEFENDANT CRANE CO.’S (NOW KNOWN AS REDCO CORPORATION)
`DISCLOSURE OF FACT AND EXPERT WITNESSES
`
`Defendant Crane Co., now known as Redco Corporation (“Redco”), submits the following
`list of potential witnesses. Each of these witnesses may be called live, by deposition taken in this
`case, or by prior deposition or trial transcript taken in other matters. Redco reserves the right to
`supplement this witness list to add or remove witnesses as additional information becomes
`available.
`
`GENERAL DISCLOSURES
`
`To the extent not legally objectionable to Redco, Redco designates the following witnesses:
`
`a. Corporate representative(s) of Redco to authenticate documents and provide
`testimony regarding Redco’s corporate history, its historical operations and products,
`and its knowledge regarding potential hazards associated with products it
`manufactured or sold;
`
`b. Plaintiffs, Plaintiffs’ family members, and/or representatives of Plaintiffs’ estate.
`
`c. Other witnesses disclosed or deposed in this matter.
`
`d. Expert witnesses or persons with knowledge and designated by other parties in this
`matter.
`
`e. Treating or diagnosing physicians or other health care providers familiar with the
`medical history of Plaintiff/Decedent.
`
`f. Custodians of medical or other records pertaining to Plaintiff/Decedent to the extent
`that such testimony is needed for proper authentication of records.
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`g. Custodians of records for all named defendants and/or third–parties to the extent that
`such testimony is needed for proper authentication of records.
`
`h. Representatives or employees of parties or dismissed parties to this action.
`
`i. Representatives or former employees of non-parties with information relevant to this
`matter, including, but not limited to, employers of Plaintiff/Decedent, bankrupt
`entities, or other companies not named as defendants.
`
`j. Witnesses with knowledge regarding the jobsites, work practices, and/or potential
`asbestos exposures of Plaintiff/Decedent.
`
`k. Custodians of records and representatives of all bankruptcy trusts to which
`Plaintiff/Decedent is entitled to recovery.
`
`l.
`
`Fact or expert witnesses that may be required to provide rebuttal testimony.
`
`SPECIFIC DISCLOSURES
`
`The testimony of the following witnesses will be based on their education, professional
`experience, and/or their review of the evidence in this case, including, but not limited to, deposition
`transcripts, deposition exhibits, medical records, employment records, military service records,
`ship records, expert reports, bankruptcy trust submission records, and other materials produced or
`disclosed in this or related matters. Each witness will also be prepared to discuss any issues that
`may be addressed in any deposition or expert report the witness may provide in this matter.
`Additional information regarding the testimony of any witness disclosed can be obtained by
`contacting counsel for Redco. Redco reserves the right to supplement these disclosures to the
`extent additional information becomes available to Redco or to any of the witnesses disclosed.
`
`1.
`
`Mary Beth Beasley, MD, FCAP
`Annenberg Building Floor 15th Floor
`1468 Madison Avenue
`New York, NY 10029
`
`Dr. Beasley is an associate professor of pathology and pulmonary medicine, and head of
`pulmonary pathology at Mt. Sinai Medical Center, New York. She is the author of more
`than fifty articles, abstracts, and textbook chapters in various areas of pulmonary
`pathology. Dr. Beasley serves on the editorial board of Archives of Pathology &
`Laboratory Medicine and is chair of the College of American Pathologists Surgical
`Pathology Committee.
`
`Dr. Beasley is expected to provide testimony concerning the anatomic structure and
`functioning of the lung from a pathologic perspective, the defense mechanisms and
`functioning of the lung in health and otherwise, the responses of the lung to various stimuli,
`and the role of various components of the respiratory system in the proper functioning of
`the lung. She is expected to describe and distinguish various types of asbestos fibers; to
`describe the things which affect the ability of asbestos fibers to affect various structures
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`within the respiratory system; and to describe the body’s specific responses to fibers of
`asbestos that are inhaled, whether or not they are retained.
`
`Dr. Beasley may define and distinguish various conditions, such as asbestosis, pleural
`changes and other non-malignant changes that may be attributable in some persons to the
`results of long term inhalation and retention of some forms of asbestos fiber. She is further
`expected to testify concerning the circ*mstances under which exposure to certain forms
`and types of asbestos may be associated with the incidence of some forms of mesothelioma
`in some persons, and will testify concerning the results of their own experiences, the
`medical and scientific literature, and existing epidemiologic studies concerning associates
`that are alleged to exist epidemiologically between exposure to asbestos in some
`populations and the mortality and/or incidence of some forms of cancer.
`
`Dr. Beasley may offer testimony concerning the effects of inhaled tobacco smoke and other
`factors on the occurrence of disease in populations who are also alleged to be exposed to
`asbestos-containing products, and additionally concerning how the effects of inhaled
`tobacco smoke and other factors can confound the apparent results of certain epidemiologic
`studies.
`
`Dr. Beasley may testify as to the general medical aspects of the diagnosis and treatment of
`asbestos-related disease and the pathological effect of asbestos on the lung. She may also
`testify as to the relationship of asbestos exposure and the incidence of cancer.
`
`Generally and with respect to Plaintiff, Dr. Beasley may testify as to her review and
`interpretation of x-ray films, review and interpretation of pulmonary function testing, the
`nature and extent of any impairment or disability, whether a condition is progressive and
`whether other diseases or conditions are present in Plaintiff. Dr. Beasley may also provide
`testimony regarding her examination of Plaintiff’s pathology and any testing that was done
`on Plaintiff’s pathology. Dr. Beasley will provide testimony regarding Plaintiff’s medical
`conditions, their cause, and the significance of those conditions as it relates to Plaintiff’s
`quality of life.
`
`Dr. Beasley may also testify regarding asbestos containing products generally, including
`their asbestos fiber content and relative ability to cause or contribute to disease, including
`quantification of exposures from products used by Plaintiff. She may also testify that there
`is a dose-response relationship for development of any asbestos-related disease, that the
`dose is the most significant factor in causation of an asbestos-related disease, that the risk
`of disease is proportional to the dose of asbestos, and that there is a threshold dose
`necessary to cause asbestos-related disease. It is also her opinion that the non-
`occupationally exposed general public is not at risk for the development of an asbestos-
`related disease or disease, even though there is asbestos in the ambient air. Thus, because
`of the large dose needed to cause an asbestos-related disease, Dr. Beasley will testify that
`there is no scientific basis for concluding that all asbestos exposures contributed in a
`causing a later diagnosed disease. To the extent Plaintiff has an asbestos-related disease,
`Dr. Beasley will testify that exposure from Redco products did not contribute in causing
`that disease and that exposures to high doses of asbestos from friable products, such as
`insulation, caused the disease.
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`Dr. Beasley’s testimony will be based on her professional expertise, the relevant medical
`and scientific literature, and her review of the materials specific to Plaintiff’s claims,
`including, but not limited to, medical records, witness testimony, and other materials
`disclosed during discovery or at trial.
`
`2.
`
`Charles Blake
`Apex Companies, LLC
`965 Piedmont Road, Suite 100
`Marietta, GA 30066
`
`Mr. Blake may offer testimony concerning industrial hygiene in general and, in particular,
`industrial hygiene practices with respect to asbestos exposures in specific industries. He
`may also testify concerning the development and use of Threshold Limit Values and the
`promulgation of regulations, both on a state and federal level, concerning the use of
`asbestos and asbestos exposures in occupational settings. He may offer testimony
`concerning industrial hygiene air sampling in general, and, in particular, air sampling for
`levels of asbestos present in various occupational settings. He may also testify concerning
`state of the art industrial hygiene, technical and scientific knowledge at times relevant to
`this lawsuit with respect to asbestos, asbestos exposures and related industrial hygiene
`practices. In addition, Mr. Blake may testify concerning the state of knowledge of his field,
`including the development of scientific knowledge concerning the relationship between
`exposure to asbestos at various levels and the risk of disease, the development of standards
`and regulations applicable to asbestos and other materials, the development of industrial
`hygiene procedures and technology and the role and impact of various studies, standards,
`regulations, reports and commentaries. Mr. Blake may also testify concerning his personal
`experiences regarding asbestos-related disease, including his activities with the American
`Industrial Hygiene Association (AIHA) articles he has written, tests he has performed
`which relate to air quality and asbestos-containing materials and his many other
`experiences in the field of asbestos-related industrial hygiene as they may pertain to the
`claims of Plaintiff in this lawsuit.
`
`Mr. Blake may testify about and offer opinions regarding the merits of Plaintiff’s claims
`and the defenses offered by Defendant, including his opinion on liability, damages and risk
`issues in this case. He may also testify as to matters raised by experts called by Plaintiff,
`co-Defendants, or other matters on which he may be so qualified to testify. Mr. Blake will
`base his testimony on his education, experience, research and review of relevant scientific
`and technical literature concerning the above topics.
`
`Mr. Blake may offer testimony and opinions concerning past and current industrial hygiene
`principles and practices in general and, in particular, with respect to asbestos. He may also
`testify concerning materials used and industrial hygiene issues and practices in various
`industrial settings relevant to the claims being asserted in this action. He may also testify
`concerning the development, significance, and use of Threshold Limit Values (“TLVs”),
`Permissible Exposure Levels (“PELs”), and relevant state and federal regulations,
`including specifically those applicable to asbestos and asbestos exposures and others which
`may apply to the occupational settings in this action. He may also testify about the dose-
`response relationship between exposure to asbestos and the risks of developing disease.
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`Mr. Blake also may offer testimony concerning air sampling in general and, in particular,
`air sampling for levels of asbestos and other materials present in various occupational and
`non-occupational settings and in the ambient air. He may also discuss the results of studies
`which have been conducted for the purpose of determining the nature and extent to which
`respirable asbestos fibers are released from various asbestos-containing materials,
`including but not limited to gaskets and packing, when those materials are installed,
`removed or otherwise handled in various occupational settings. He will also compare those
`results to the ambient or background levels as well as to current and former standards and
`regulations applicable to asbestos.
`
`He may also testify concerning state of the art technical and scientific knowledge at times
`relevant to this lawsuit with respect to asbestos, asbestos exposures and related industrial
`hygiene practices, including but not limited to issues relating to the development of and
`reliance on TLVs and PELs and the placement of warnings on products. He may testify
`concerning the state of knowledge in their fields as reflected in the scientific and industrial
`hygiene literature, including the development of scientific knowledge concerning the
`relationship between exposure to asbestos at various levels and risk of disease, the
`development of standards and regulations applicable to asbestos and other materials, the
`development of industrial hygiene procedures and technology and the role and impact of
`various studies, standards, regulations, reports and commentaries. He may also discuss the
`effects that ventilation, distance from the source of exposure, and “wet methods” have on
`airborne fiber exposure levels.
`
`He will render the opinion that the amount of respirable asbestos fibers which may be
`released from gaskets and packing when installed, removed or otherwise handled in
`occupational settings in connection with a Redco product, including but not limited to those
`settings in which Plaintiff(s) allegedly worked, is minimal or nonexistent, and, in any event,
`is inconsequential both as to persons working directly with the products and as to
`bystanders. He will also opine that such amounts when considered on a cumulative basis,
`will not materially exceed, if at all, those from existing ambient or background levels. He
`will opine that Plaintiff’s alleged exposure to asbestos fibers attributable to Redco products
`would not have exceeded the applicable TLV or PEL. He will also opine that such
`exposures do not trigger and/or would not have triggered statutory duties under the
`Occupational Safety and Health Act (OSHA), including the duty to provide an asbestos
`related health warning with such products. He will also opine that the Redco products at
`issue are not unreasonably dangerous.
`
`Mr. Blake also has expertise regarding the design, general engineering, governmental and
`national industry standards, use and operation and inspection of boilers, boiler systems,
`feed water systems, and related components. Mr. Blake will testify about the function,
`design, supply, installation, construction,, inspection and governmental regulation of
`boilers, boiler systems, and related components, in naval, residential, commercial and
`industrial settings. He will testify about the types of asbestos-containing and non-asbestos
`products used with such equipment and systems, and their purpose, approved use and
`application in general and over time periods relevant to the case. He is also familiar with
`and will offer opinions about the practices, protocols, nature and frequency of installing,
`repairing, maintaining, and inspecting boilers and related equipment. Mr. Blake will testify
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`about those and any and all related practices, as relevant to Plaintiff’s claims that he was
`exposed to asbestos when working with or around boilers, boiler systems, feed water
`systems and related components.
`
`It is also anticipated that Mr. Blake will provide testimony and opinions in rebuttal to that
`of fact and/or expert witnesses called by Plaintiff(s) who offer testimony in these or in
`related fields. He may also offer opinions regarding the merits of Plaintiff’s claims and the
`defenses offered by Redco, including opinions on liability and causation. Mr. Blake will
`also testify that Plaintiff’s alleged exposure to asbestos from products manufactured and/or
`supplied by Redco did not increase Plaintiff’s risk of developing disease.
`
`Mr. Blake will also testify that the functionality of Redco's valves did not require the use
`of external insulation and that the material content of any included sealing devices would
`depend on the application and system in which the valve was placed.
`
`The testimony and opinions of Mr. Blake will be based upon his education, experience and
`professional training, his review of relevant scientific literature, his study and analysis of
`the composition and properties of gaskets and packing, and the testing of these and other
`materials, and his review of discovery, testimony, medical records and ACGIH TLV’s®
`and governmental standards and regulations.
`
`3.
`
`Thomas E. Burch, Ph.D. P.E.
`Boiler Efficiency Institute, LLC
`1705 Pumphrey Ave.
`Auburn, AL 36832
`
`Thomas E. Burch, Ph.D., P.E. is a licensed professional engineer and is an expert in the
`design, maintenance, and safe operation of boilers used to generate power and heat in
`industrial, commercial, and residential settings. Dr. Burch earned his bachelor’s degree in
`mechanical engineering from Auburn University in 1979 followed by his master’s degree
`in 1982. After working in the boiler industry for approximately a decade, he obtained his
`doctorate in mechanical engineering from Louisiana State University in 1990. Since that
`time Dr. Burch has spent his career in industry and academia and has focused his expertise
`on the use and operation of boilers and steam systems. He is currently a principal with the
`Boiler Efficiency Institute (BEI) in Auburn, Alabama, a nationally recognized leader in
`training for optimizing facility systems to minimize costs. BEI has held workshops for
`major industry, government agencies, and public utilities across North America and
`throughout the world. As a part of his work for BEI, Dr. Burch teaches seminars on the
`operation, maintenance, water treatment, and energy conservation for steam systems and
`HVAC systems, including boilers.
`
`Dr. Burch is also a Senior Lecturer in the Department of Mechanical Engineering at Auburn
`University where he teaches thermal sciences, including thermodynamics, heat transfer,
`and fluid mechanics. He has also taught courses related to heating ventilating and air
`conditioning (HVAC), internal combustion engines, power plant design, cogeneration
`plant design, and mechanical equipment (including boilers and chillers), among other
`courses. He is also an accomplished researcher in a broad range of applied engineering
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`topics, including energy utilization, boiler safety, controls, and novel applications of
`materials and processes. Dr. Burch is also the faculty advisor for Auburn University
`Engineers Without Borders, which takes him annually to Bolivia where he donates his time
`and expertise to help design and build irrigation systems to capture and distribute natural
`water resources and increase harvest production.
`
`Dr. Burch is an expert in the design, operation, and maintenance of all types of boilers,
`boiler systems, feed water systems, and related components. He will explain the
`prevalence, design, functioning, operation, assembly, repair, and disassembly of boilers
`during the 20th century. Dr. Burch will also discuss boiler safety and the materials and
`practices utilized in connection with the safe operation of boilers and boiler systems over
`time. He will also testify regarding how asbestos was utilized in boiler design over time
`and the understanding regarding the benefits and risks of those materials by those in his
`field over time. He will further testify regarding why boilers are insulated, how they are
`insulated, and the materials that have been used to accomplish that purpose from the time
`boilers were first in use up to the present. He will also discuss other materials sometimes
`used with boilers over time, including, but not limited to, materials used for sealing
`materials and refractory materials.
`
`Dr. Burch will also discuss the design, operation, maintenance, and service life of boilers
`manufactured by or allegedly associated with Redco in this case. In doing so, he will rely
`on his education and experience along with his review of design documentation, product
`literature, scientific and technical publications, as well as the deposition testimony and
`other case materials in this matter. He will also discuss the prevalence of use of such boilers
`over time and the potential for Plaintiff to have encountered asbestos materials in working
`with or around such boilers. Dr. Burch will also discuss industry standards and regulations
`related to the use of boilers in the United States over time. Dr. Burch may also rely on
`computer-aided designs to help illustrate boiler design and operation for the jury in this
`case.
`
`4.
`
`Clancy B. Cornwall
`McCaffery & Associates, Inc.
`7240 Parkway Drive, Suite 360
`Hanover, MD 21076
`
`Clancy B. Cornwall is a marine engineer and graduated from the United States Merchant
`Marine Academy with a Bachelor of Science in marine engineering and later obtained a
`Master of Business Administration degree from Loyola College of Maryland. Mr.
`Cornwall is licensed by the United States Coast Guard as Second Assistant Engineer in
`Diesel Propulsion, Unlimited Horsepower and Third Assistant Engineer in Steam
`Propulsion, Unlimited Horsepower, and has served as a licensed officer aboard ship in the
`United States Merchant Marine. He has also served aboard ships operated by the United
`States Maritime Administration for the Military Sealift Command’s Ready Reserve Force.
`He also served as a Lieutenant in the United States Naval Reserve, where his service
`included surveying decommissioned United States Navy Ships in the James River Reserve
`Fleet. During his career aboard ship, Mr. Cornwall has participated in and been responsible
`for the daily maintenance and operation of engineering plants, including the repair of
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`auxiliary machinery, aboard various classes of ships. Mr. Cornwall is currently Chief
`Operations Officer for McCaffery & Associates, Inc., a private consulting firm specializing
`in naval, maritime, and aviation archival research in the United States and abroad. In this
`capacity, he has researched and analyzed historical records regarding thousands of naval,
`merchant, passenger, and other ships flagged in countries throughout the world. He has
`also investigated the historical use of equipment and materials used aboard ships over time
`and how such use has evolved in relation to technological advancements in steam, diesel,
`and nuclear propulsion. He has also researched and studied tens of thousands of pages of
`materials regarding historical operations of the United States Navy, the United States Coast
`Guard, and the United States Merchant Marine, including, but not limited to, policies
`regarding product and equipment procurement and supply, ship construction and repair,
`and safety management aboard ships and in related operations.
`
`Mr. Cornwall will provide expert testimony regarding his investigation and analysis of
`various historical materials related to the ships and jobsites at issue in the case, including,
`but not limited to, design, supply, construction, and maintenance records and related
`regulations, industry standards, and industry practices. He will also authenticate such
`documents obtained from public archives and other authorized locations. Mr. Cornwall’s
`testimony in this case will also be based on his review of the available case materials,
`including, but not limited to, deposition transcripts, service records, work history records,
`social security records, and other relevant materials. Based on his review and analysis of
`the available information in light of his education, training, and professional experience,
`Mr. Cornwall will provide testimony regarding the products used aboard ships and/or at
`relevant jobsites and will testify regarding Plaintiff's training and work practices, including
`Plaintiff’s work with, or potential work with, specific equipment and asbestos-containing
`materials.
`
`Mr. Cornwall will also testify that throughout much of the 20th century ships built in the
`United States and abroad were frequently constructed with engineering plants and other
`ship systems that incorporated the use of various asbestos-containing materials,
`particularly asbestos thermal insulation materials that often contained amosite and/or
`crocidolite asbestos. He will further testify regarding United States Navy specifications
`and qualified products lists, including those that specified the use of asbestos materials in
`various applications. Mr. Cornwall will also testify that Redco was never an approved
`manufacturer or supplier of thermal insulation, packing, or gasket materials to the United
`States Navy. He will further testify regarding historical materials related to the United
`States Navy’s knowledge of safety and health issues aboard ships and in related operations
`and Navy practices in connection with those issues over time. Similarly, he may testify
`regarding historical materials related to the knowledge and practices of the United States
`Coast Guard, which oversees the United States Merchant Marine. Mr. Cornwall may also
`testify regarding the job duties, responsibilities, and skill sets of marine and naval
`occupations, including those of shipyard craft and trade workers, enlisted Navy sailors and
`Commissioned Officers, both licensed and unlicensed merchant mariners, and workers
`with comparable duties aboard passenger and other vessels.
`
`5.
`
`Samuel Forman
`Oak and Ivy Health Systems, Inc.
`
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`207 Washington Street, Box 470844
`Brookline Village, MA 02447
`
`Dr. Forman is a medical doctor specializing in preventive medicine and is board certified
`in occupational medicine. He graduated from the University of Pennsylvania with a
`Bachelor of Arts degree in history and biology in 1973. He earned a Doctor of Medicine
`degree from the Cornell University Medical College in 1977. He also received a degree in
`public health in 1977 as a result of a joint program with the Harvard School of Public
`Health. Thereafter, he became board certified in occupational medicine after attending a
`residency at the Harvard School of Public Health. Dr. Forman completed his internship in
`internal medicine at the National Naval Medical Center in Bethesda, Maryland.
`
`In 1977, Dr. Forman went on active duty as a commissioned officer in the United States
`Navy, and he performed his internship at the Bethesda Naval Medical Center in Bethesda,
`Maryland during 1977 and 1978. He resigned his commission as a Lieutenant Commander
`but continued to work for the Navy as a civilian employee at the Navy Environmental
`Health Center in Norfolk, Virginia until 1986. While serving on active duty, Dr. Forman
`was head of the occupational health clinic at the Seal Beach Naval Weapons Station, Seal
`Beach, California, and assisted in a medical surveillance program at Long Beach Naval
`Shipyard. In this capacity, he managed the asbestos medical surveillance program at Long
`Beach Naval Shipyard. In 1982, Dr. Forman was stationed at the Naval Environmental
`Health Center in Norfolk, Virginia, where he designed occupational medical programs with
`regard to Navy-specific occupational diseases, investigated potentially new hazards,
`assisted local commands in the execution of their occupational health programs and
`assisted in the Navy Occupational Safety and Health Inspection Program (NOSHIPS). In
`this capacity he also trained Navy doctors and nurses in occupational medicine.
`
`In 1983, Dr. Forman worked with the Naval Medical Command to analyze and organize
`government documents. Through this work, Dr. Forman investigated the historical
`knowledge of the United States Government, and particularly of the Navy and the Maritime
`Commission, concerning industrial health aspects of various materials, including asbestos.
`Through this research, he became familiar with historic government and Navy documents
`including materials from the Bureau of Medicine and Surgery. Following his research, he
`published an article entitled U.S. Navy Shipyard Occupational Medicine Through World
`War II, published in the Journal of Occupational Medicine, Volume 30, No. 1, January
`1988.
`
`Dr. Forman bases his opinions with regard to the state of the art upon all of the published
`medical and scientific literature that he has reviewed to date. His opinions with regard to
`government knowledge also are based upon his review of countless Government
`documents while employed by the United States Navy as well as his subsequent research.
`In addition to relying upon his previous research, Dr. Forman has been or will be provided
`with case specific data in this case, including, but not limited to, case depositions, including
`deposition testimony, if answers or responses to discovery.
`
`Dr. Forman will offer fact and expert testimony regarding the sources of the Navy’s
`knowledge regarding industrial hygiene issues, including asbestos-related issues, the
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`sources of that knowledge and the steps taken by the Navy in response to such knowledge.
`He will testify with respect to various aspects of the Navy’s understanding and practices
`with respect to occupational medicine, including without limitation, such knowledge as it
`relates to Navy and civilian personnel involved in all aspects of maritime and/or shipyard
`service. Dr. Forman will testify, based on his research, that, among other things, the Navy’s
`occupational health program paralleled and, at times, led the development of occupational
`medicine and industrial hygiene. Particularly in the area of asbestos-related diseases, the
`Navy has been a leader in the field of occupational medicine and industrial hygiene. Dr.
`Forman will testify, based upon his review, that the Navy knew by 1922 that asbestos
`exposure was a potential health hazard, and that its knowledge and awareness continued to
`develop throughout the following decades. As a leader in the field, the Navy was not
`dependent upon and did not solicit advice or guidance with respect to occupational
`medicine and industrial hygiene from manufacturers and suppliers of pumps or other
`similar equipment installed aboard Navy ships. Dr. Forman will testify and offer opinions
`that the Navy did not, and had no reason, to relinquish the command and control over
`occupational health and safety issues with respect to the design, construction and operation
`of Navy vessels. Dr. Forman will testify and offer opinions that during the time period at
`issue the Navy understood the asbestos-related hazards, if any, presented by different types
`of asbestos and different types of products and dictated the standards for mitigating any
`such hazard. Dr. Forman may testify, and offer opinions, regarding Navy historical
`knowledge, policy and practice regarding industrial hygiene, occupational medicine,
`hazard communication and workplace safety and health, both generally and specifically
`regarding asbestos.
`
`Dr. Forman may also testify regarding industrial hygiene generally, applicable regulations
`and standards relating to asbestos exposure, and the responsibility of employers to maintain
`safe working conditions and the control of asbestos in various w