Barabin v. AstenJOHNSON (2018)

Our plain-English summary of Barabin v. AstenJOHNSON (U.S. District Court, Western District of Washington, March 22, 2018).

Geraldine Barabin, as personal representative of her husband Henry Barabin's estate, sued Scapa Dryer Fabrics, Inc. and others in federal court in Seattle. Henry Barabin was diagnosed with malignant pleural mesothelioma in 2006 and died in 2012. The parties agreed he worked as a laborer at the Texaco Refinery in Port Arthur, Texas, from 1965 to 1968, and then as a papermaker at the Crown-Zellerbach Camas Mill from 1968 to 2001. At the mill he changed dryer felts and cleaned machines with compressed air. He also worked near asbestos insulation being disturbed. The plaintiff claimed strict product liability, negligence and damages, including loss of consortium. Scapa denied that its felts caused the disease and blamed amphibole asbestos from insulation at the refinery and mill. This document is a joint proposed pretrial order, not a ruling on the merits. It lists admitted facts, contentions, expert and fact witnesses and objections, and it sets a jury trial for March 26, 2018. The court decided no legal issue and named no winner.

We wrote this summary from the court's opinion with the help of AI. It is not the court's wording, and it is not legal advice. The full opinion is below.

The decision

• Court: U.S. District Court, Western District of Washington
• Decided: March 22, 2018
• Docket: No. 2:07-cv-01454-JLR
• Stage: Other
• State: Washington

Outcome. The court entered a joint proposed pretrial order setting the claims, defenses, admitted facts, witnesses and a March 26, 2018 jury trial against Scapa Dryer Fabrics; it decided no merits question, so neither side prevailed.

The people and their exposure

• Henry Barabin: pleural mesothelioma; died

Who	Work	Where	When	Products
Henry Barabin	laborer (refineries and petrochemical plants)	Texaco Refinery, Port Arthur, Texas	1965-1968	pipe and block insulation, sprayed asbestos, Limpet
Henry Barabin	papermaker	Crown-Zellerbach Camas Mill, Camas, Washington	1968-2001	asbestos textiles, Scapa dryer felts
Henry Barabin	papermaker; worked near others using it	Crown-Zellerbach Camas Mill, Camas, Washington	1968-2001	pipe and block insulation, sprayed asbestos, insulating cement, gaskets and packing, chrysotile, amosite, crocidolite, Limpet
Henry Barabin	papermaker	Crown-Zellerbach Camas Mill, Camas, Washington	1968-2001	pipe and block insulation, sprayed asbestos, insulating cement, gaskets and packing, Limpet

The defendants

• Scapa Dryer Fabrics, Inc. (manufacturer)

The court's opinion

The text below is Google Scholar's copy of the court's opinion, a public record. Numbers in brackets, such as [*921], mark where each page of the printed reporter begins.

GERALDINE BARABIN, as Personal Representative for the Estate of HENRY BARABIN, deceased,

Plaintiff,

v.

ASTENJOHNSON, etal., Defendants.

No. 2:07-cv-01454-JLR.

March 22, 2018.

United States District Court, W.D. Washington, Seattle.

Henry Barabin & Geraldine Barabin, Plaintiffs, represented by Gilbert L. Purcell, BRAYTON PURCELL LLP, pro hac vice, James P. Nevin, BRAYTON PURCELL LLP, pro hac vice, Cameron O. Carter, SHAW LAW GROUP & Meredith B. Good, BRAYTON PURCELL LLP.

Scapa Dryer Fabrics Inc, Defendant, represented by H. Lane Young, II, HAWKINS PARNELL THACKSTON & YOUNG LLP, pro hac vice, Robert B. Gilbreath, HAWKINS PARNELL & THACKSTON LLP, pro hac vice, S. Christopher Collier, HAWKINS PARNELL THACKSTON & YOUNG LLP, pro hac vice, Eliot M. Harris, WILLIAMS KASTNER & GIBBS & Nicole R. MacKenzie, WILLIAMS KASTNER & GIBBS.

PROPOSED PRETRIAL ORDER

JAMES L. ROBART, District Judge.

Pursuant to LCR 16(i), Defendant Scapa Dryer Fabrics, Inc. and Plaintiff jointly offer the following Proposed Pre-Trial Order. I. JURISDICTION

Jurisdiction is vested in this court by virtue of 28 USC § 1332(a) as the matter in controversy exceeds $75,000 and is between citizens of different States.

II. CLAIMS AND DEFENSES

The plaintiff will pursue at trial the following claims:

1. Product Liability pursuant to Restatement of Torts (Second) §402A (1965);

2. Negligence; and

3. Damages

a. Non-economic damages;

b. Medical and related expenses;

c. Loss of earnings, wages and future earnings; and

d. Loss of consortium for plaintiff Geraldine Barabin.

The defendant will pursue the following affirmative defenses and/or claims:

1. Scapa specifically denies that it mined, milled, processed, manufactured, supplied, distributed, marketed or sold any products containing asbestos that are causally related to Plaintiff's alleged injuries;

2. Whatever damages Plaintiff may have suffered, if any, were solely and proximately caused by the negligence or other conduct of one or more of the other defendants above-named, or, in the alternative, by the negligence or other conduct of some person, corporation, association, or legal entity not presently a party to this lawsuit;

3. The Plaintiff's complaint fails to state a claim against Scapa upon which relief may be granted; 4. Whatever damages Plaintiff may have suffered, if any, were directly and proximately caused by the actions of fellow co-workers of Mr. Barabin;

4. Whatever damages Plaintiff may have suffered, if any, were due solely or in part to the failure of Mr. Barabin's employer or employers to take adequate precautions and provide him with a safe place to work;

5. Scapa expressly denies that Mr. Barabin inhaled injurious quantities of asbestos fibers from products for which Scapa is liable. Any products for which Scapa might be held legally accountable and which Mr. Barabin allegedly used or was exposed to, if any, were not in the same condition as when sold, having been materially altered after the sale and prior to the use or exposure as alleged;

6. That if it is proven at the time of trial that the products of Scapa were manufactured, furnished, supplied and/or sold as alleged in Plaintiff's complaint, and if said products were used in the fashion alleged, all of which is specifically denied except as otherwise set forth above, then any such product manufactured, supplied, furnished and/or sold by Scapa was so manufactured, furnished, supplied and/or sold in strict conformity with the prevailing state of medical art and the prevailing standards of the industry; Scapa's conduct, and any such product for which it bears responsibility, was at all times in strict conformity with the prevailing standard of medical science and the prevailing standards of the industry. The state of medical, scientific and industrial knowledge, art and practice was at all material times such that Scapa neither breached any duty owed to Mr. Barabin, nor knew or could have known, that the products for which it bears responsibility presented a foreseeable risk of harm to Mr. Barabin in connection with asbestos exposure from the normal and expected use of such products;

7. The liability of Scapa, if any, was secondary, passive and subordinate to the primary, active and intervening causation of the negligent acts and/or omissions of other entities and/or non-parties, for which Scapa is not liable; 9. Plaintiff has failed to join indispensable or necessary parties, including but not limited to: Amatex Corp., Aanco Holdings Inc., AC and S, Inc., American Shipbuilding, A.P. Green Services, Armstrong World Industries, The Artra Group including The Synkoloid Company, Asbestec Industries Inc., Asbestospray Corp., Asbestos Claims Management, Atlas Corp., Babcock & Wilcox, Baldwin Ebret Hill, Beadex Manufacturing Company Inc., Bethlehem Steel, Brunswick Fabrications, Inc., Burns & Roe Enterprises, Carey Canada Inc., The Celotex Corp., Cassiar Mines, Combustion Engineering, Delaware Insulations, Philip Carey Co., Eagle-Picher Industries, Eastco Industrial Safety Corp., E. J. Bartells, Federal-Mogul, Forty-Eight Insulations, Fuller-Austin Insulation, G-I Holdings (GAF), Gatke Corp., Hamilton Materials Inc., Harbison-Walker, Hillsborough Holdings, H.K. Porter Co., Johns Manville, Kaiser Aluminum & Chemical, Keene Corp., Kentile Floors, Lykes Brothers Steamship, M.H. Detrick, National Gypsum Co., Nicolet/Keasby-Mattison, North American Refractories Company, North American Asbestos Corp., Owens Corning, Pacor, Plibrico Co., Pittsburgh Corning, Porter Hayden, Prudential Lines, Raybestos-Manhattan, Raymark Industries, Raytech Industries Corp., Rock Wool Manufacturing, Rutland Fire & Clay Co., Skinner Engine Company, SGL Carbon, Shook & Fletcher, Standard Asbestos Manufacturing and Insulation, Standard Insulations, Todd Shipyards, Unarco Industries Inc., United States Gypsum Corp., United States Mineral Co., United States Lines, UNR Industries Corp., U.S. Steel, Walter Industries, Washington Group International, and W.R. Grace & Co., and the companies who manufactured and/or supplied the cigarettes and other tobacco products used by or around Mr. Barabin;

8. Mr. Barabin was employed by knowledgeable and sophisticated employers and any duty Scapa may have had to warn him/her of any potential harm incident to the normal use of products for which Scapa bears responsibility, which duty is denied, was discharged by his/her employer's intervening duty to give him/her any required warnings;

9. If at the time of trial Scapa is held accountable for any asbestos-containing products, Mr. Barabin's exposure to asbestos attributable to Scapa, if any, was of a de minimis nature and could not within a reasonable degree of medical certainty be the legal and proximate cause of Plaintiff's alleged injuries.

III. ADMITTED FACTS

The following facts are admitted by the parties:

1. Decedent Henry Barabin worked as a laborer at the Texaco Refinery in Port Arthur, Texas from 1965 to 1968. 2. The pipes and equipment throughout the Texaco Refinery had asbestos-containing pipe, block, and Limpet spray insulation.

2. Decedent Henry Barabin cleaned up debris from asbestos-containing pipe, block, and Limpet spray insulation during his employment at the Texaco Refinery.

3. Decedent Henry Barabin worked in the Crown-Zellerbach Camas Mill from April 17, 1968 through November 30, 2001. 5. Decedent Henry Barabin worked as a papermaker at the Camas Mill.

4. During his employment at the Camas Mill, Mr. Barabin worked on and around all of the paper-making machines at the Camas Mill.

5. Mr. Barabin's work at the Camas Mill included changing dryer felts during shut downs and also as part of routine maintenance when felts ripped or broke.

6. Mr. Barabin cut the felts and installed new ones. He took scraps of the old felts home. He blew out the paper machines using compressed air. He cleaned up with compressed air after each shift and after paper breaks. He also worked around other laborers during this time period when they performed these same tasks.

7. The pipes and equipment throughout the Camas Mill had asbestos-containing pipe insulation, asbestos-containing block insulation, Limpet spray, asbestos-containing cement/mud, asbestos-containing board insulation, and internal asbestos-containing gaskets and packing.

8. Decedent Henry Barabin walked by or was a bystander when asbestos-containing pipe, block, Limpet spray, and board insulation and asbestos-containing cement/mud and internal gaskets and packing were being disturbed when these materials were being disturbed, including but not limited to walking past asbestos-insulated digesters, opening and closing valves, and observing millwrights, boilermakers, electricians, and insulators working in his vicinity removing, installing, and disturbing these products. Limpet spray insulation was present in the Texaco Refinery in Port Arthur, Texas when Plaintiff Henry Barabin worked there.

9. Decedent Henry Barabin had direct exposure to asbestos-containing pipe, block, Limpet spray, and board insulation and asbestos-containing cement/mud and internal gaskets and packing when he used compressed air to clean up. 12. Limpet was made of asbestos fibers, Portland cement, and oil. Formulas used either 100% crocidolite, amosite, or chrysotile, or a blend of amosite and crocidolite. It was typically used for fireproofing, or high temperature insulation. It was applied using a nozzle to spray the product on the item to be insulated.

10. From 1981 to 1996, over 1,000,000 (ONE MILLION) linear feet of insulation containing between 2% and 90% crocidolite, amosite, and/or chrysotile asbestos was abated from the Camas Mill. This insulation contained 2-90% crocidolite, amosite and/or chrysotile asbestos.

11. From 1981 to 1996, over 350,000 (THREE HUNDRED FIFTY THOUSAND) square feet of asbestos-containing transite was abated from the Camas Mill.

12. From 1959 to 1978, Scapa manufactured and distributed both asbestos and non-asbestos containing dryer felts. 16. From 1964 to 1982, Scapa supplied 505 dryer felts, 276 non-asbestos containing felts and 229 asbestos-containing felts, to the Camas Mill. Albany, AstenJohnson, Atlanta, and Niagara brand dryer felts were also utilized during Decedent Henry Barabin's employment at the Camas Mill.

13. Mr. Barabin was diagnosed with malignant pleural mesothelioma on November 1, 2006. Mr. Barabin died on March 30, 2012 from mesothelioma.

IV. FACTUAL CONTENTIONS

The Plaintiff contends as follows:

1. Asbestos-containing dryer felts made by defendant Scapa Dryer Fabrics, Inc. were an integral component of the paper machines Mr. Barabin worked on.

2. Decedent Henry Barabin recalls Scapa dryer felts as felts that were used at the Camas Mill.

Scapa contends as follows:

Barry Ben-Zion, Ph.D. Dr. Ben-Zion is a forensic economist. Dr. Ben-Zion 3588 Kelsey Knolls will be sufficiently familiar with the case to provide a Santa Rosa, California 95403 meaningful oral deposition. Dr. Ben-Zion may testify regarding the economic value of losses in the case: Dr. WILL TESTIFY Ben-Zion may also testify as to the loss of wages, pensions and other economic losses. Dr. Ben-Zion will also testify generally regarding the concept of present value and its application to economic losses,

particularly wage loss, pension loss and future medical costs. Dr. Ben-Zion may also testify about the

financial statements of various defendants and their financial condition and net worth. Dr. Ben-Zion may also testify regarding participation in and/or market share of various asbestos manufacturers as well as all 1. Paper machine hoods at the Camas Paper Mill contained crocidolite during Mr. Barabin's employment. 2. In 1987, the employee locker room at Camas Paper Mill was contaminated with asbestos during an asbestos removal. 3. Decedent Henry Barabin did not recall working with any asbestos-containing Scapa dryer felts. 4. Mr. Barabin's mesothelioma was not caused by exposure to Scapa dryer felts.

5. Scapa's dryer felts were reasonably safe in their manufacture and design including warnings.

6. Scapa exercised ordinary care in manufacturing its dryer felts.

7. Mr. Barabin's mesothelioma was caused by exposure to amphibole asbestos (amosite and crocidolite) containing products, including but not limited to amphibole asbestos-containing thermal insulation, during the years he was employed at the Texaco Refinery in Port Arthur, Texas and at the Camas Paper Mill.

V. ISSUES OF LAW

Plaintiff submits the following as issues of law to be determined by the court:

1. Whether defendant Scapa Dryer Fabrics, Inc. is liable under Washington product liability law for manufacturing, selling and distributing an unreasonably dangerous product without warnings to which Decedent was exposed, causing Decedent's mesothelioma, an incurable and terminal disease?

2. Whether defendant Scapa Dryer Fabrics, Inc. failed to exercise ordinary care, failed to provide any warnings and is negligent under Washington negligence law for manufacturing, selling and distributing an unreasonably dangerous product to which Decedent was exposed, causing Decedent's mesothelioma, an incurable and terminal disease?

Scapa submits the following as issues of law to be determined by the court:

1. Whether Plaintiff can meet the burden of proof with regard her claims against Scapa under the laws of the State of Washington. 2. Whether Plaintiff's settlements are unreasonable entitling any judgment defendant to an offset of a reasonable settlement amount under RCW 4.22.060 and other applicable law.

VI. EXPERT WITNESSES

(a) Each party shall be limited to 1 expert witness(es) on the issues of any specific topic. Defendant Scapa contends, and Plaintiff disputes, that Plaintiff's expert Steven Compton's testimony and opinions are cumulative of those of expert Christopher DePasquale and should be prohibited from testifying on that basis.

(b) The name(s) and addresses of the expert witness(es) to be used by each party at trial and the issue upon which each will testify is:

1. On behalf of plaintiff:

related market share facts for which plaintiffs bear that burden of proof under applicable case law.

Arnold R. Brody, Dr. Brody is a cellular biologist. Dr. Brody may testify Ph.D. 1910 Glenmartin as to the anatomy and associated asbestos-induced

Drive Raleigh, NC pathology of human and animal lungs, the causation and 27615 pathogenesis of asbestos-related disease and the

deposition patterns of inhaled fibers and how this relates to asbestos exposures encountered in buildings and/or WILL TESTIFY the work place. He will also testify regarding asbestos' effects on immune systems. Dr. Brody will further testify in accordance with his report in this case.

Dr. Carl Andrew Brodkin, M.D., Dr. Brodkin is a specialist in pulmonary medicine and M.P.H asbestos-related disease. Dr. Brodkin may testify as to his 3607 47th Avenue, N.E. opinions and conclusions regarding asbestos disease and Seattle, WA 98105 all related foundational aspects. Dr. Brodkin may also testify as to his opinions and conclusions regarding WILL TESTIFY asbestos-related disease and the subject's medical condition, clinical course, etiology, diagnosis, treatments, medical monitoring, medical expenses and cost of care, and prognosis. Dr. Brodkin will further testify in accordance with his report in this case.

Dr. Richard Cohen, M.D., M.P.H. Dr. Cohen is a specialist in occupational and preventive 1942 Panorama Drive medicine. Dr. Cohen may testify as to the state of the Saratoga, CA 95070 medical and scientific art concerning asbestos-related diseases at relevant times and regarding the nature and use WILL TESTIFY of asbestos products and decedent's exposure to asbestos. Dr. Cohen may testify as to asbestos product defects, the release of asbestos fibers from asbestos products, disease potential of various asbestos products, asbestos health hazards, industry and Navy awareness, and state of the art relating to the hazards of asbestos, application rules and regulations, and other industrial hygiene related issues. Steven P. Compton, PhD Dr. Compton is a materials scientist and electron

MVA Scientific Consultants microscopist. Dr. Compton may testify regarding

3300 Breckinridge Blvd potential health hazards of asbestos in the work place, #400 Duluth, GA 30096 content of asbestos-containing products, release of asbestos fibers from asbestos-containing products, WILL TESTIFY including but not limited to, dryer fabrics and felts, and similar products, resuspension of asbestos fiber,

asbestos-containing product defects, the disease

potential of asbestos-containing products, testing and monitoring techniques for detecting the presence of asbestos dust, including, but not limited to electron microscopy, and nature of asbestos and asbestos fibers as well as all material science and asbestos foundational aspects. Dr. Compton will further testify in accordance with his report in this case.

Christopher DePasquale, CIH Mr. DePasquale is a certified industrial hygienist with a Compass Environmental, Inc. Masters in Public Health. Mr. DePasquale may testify 1751 McCollum Parkway regarding EPA and state government policies,

NW Kennesaw, GA 30144 regulations and guideline documents pertaining to

asbestos in buildings and the utility of air and dust

WILL TESTIFY sampling in determining building exposures and risks. Mr. DePasquale may testify as to all aspects of asbestos and asbestos products, the adequacy of knowledge, the state of knowledge, the release of asbestos fibers from asbestos products, and all physical characteristics of said fibers, including contamination, de-contamination and related abatement protocols, disease potential of various asbestos products, asbestos health hazards, industry awareness, and state of the art relating to the hazards of asbestos, applicable rules and regulations, and other industrial hygiene issues. This expert may testify regarding issues including but not limited to: asbestos containing dryer felts and fabrics, and/or other materials. This is not an exhaustive list of asbestos material which this expert may testify about, but merely representative and this expert may testify about any and all materials which contain asbestos. This expert may testify about the propensity and

ability for asbestos-containing products to release dust and release asbestos dust into the air of persons using those products when they are in place, as well as fiber count ranges from said products when made, used or abated. This expert may testify about how such

asbestos materials were used in their ordinary and intended manner, and how that ordinary and intended use causes the release of respirable asbestos dust. This expert may testify about the offensive and injurious aspects of asbestos fiber deposition once inhaled. This expert may testify about the visibility of dust

containing asbestos as well as various product use videotapes. Mr. DePasquale will further testify in accordance with his report in this case.

Dr. David Tarin, M.D. Dr. Tarin is a pathologist. Dr. Tarin may testify as to 856 San Antonio Place pathology, diagnosis and causation and other asbestos-related San Diego, CA 92106 medical issued raised in the matter, as well as his examination of the pathology specimens. Dr. Tarin will WILL TESTIFY further testify in accordance with his reports in this case. James R. Millette Trial testimony of James Millette taken in Henry Barabin and Geraldine Barabin v. AstenJohnson, Inc., etal., in the WILL TESTIFY VIA PRIOR United States District Court, Western District of

TRIAL TESTIMONY Washington in Seattle, Cause No. C07-1454RSL, on

November 5, 2009.

SCAPA Objects on the grounds that

Mr. Millette was not previously

disclosed as a witness in this trial

and objects to use of prior trial

testimony of an expert as

affirmative testimony.

Dr. Samuel Hammar Trial testimony of Dr. Samuel Hammar taken in Henry Barabin and Geraldine Barabin v. AstenJohnson, Inc., et WILL TESTIFY VIA PRIOR al., in the United States District Court, Western District of TRIAL TESTIMONY Washington in Seattle, Cause No. C07-1454RSL, on

November 9, 2009.

SCAPA objects on the grounds that

Dr. Hammar was not previously

disclosed as a witness in this trial,

Dr. Hammar testified as Scapa's

expert in the prior trial, and it is

improper for Plaintiff to use Scapa's

expert to introduce cross-examination

without there being

any direct examination of the

witness.

Paul Carlson Trial testimony of Mr. Paul Carlson taken in Henry Barabin and Geraldine Barabin v. AstenJohnson, Inc., et WILL TESTIFY VIA PRIOR al., in the United States District Court, Western District of TRIAL TESTIMONY Washington in Seattle, Cause No. C07-1454RSL, on

November 9, 2009.

SCAPA objects on the grounds that

Mr. Carlson is Scapa's expert in this

case and will be testifying live on

Scapa's behalf. It is improper for

Plaintiff to use Scapa's. expert to

introduce cross-examination before

Scapa presents its expert. Plaintiff

will have an opportunity to cross-examine

Mr. Carlson and use his

prior testimony to impeach him if

appropriate.

Paul Carlson, CIH Mr. Carlson is a certified industrial hygienist. Mr. Paul Carlson Associates Carlson may testify on industrial hygiene practices in 4080 SE International Way, Suite pulp and paper mills. He may also testify about the B101 environment, operations and workings in pulp and

Milwaukie, OR 97222 paper mills, including the paper machine areas of pulp and paper mills. He may testify specifically as to these Will Testify topics as they pertain to the Crown Zellerbach Mill in Camas, WA, based on his prior work at and more

recent visit to that paper mill. He may also testify about the air sampling studies undertaken by him and others in various paper mills, particularly around the paper machines and the dryer felts/fabrics used on the paper machines in the 1970s and 1980s. He may

testify about his employment as a corporate industrial hygienist for Crown Zellerbach/James River

Corporation and air sampling he conducted at various paper mills during his employment. He may also

testify about his experience with Oregon OSHA. He

may testify about the composition, construction,

purpose, use and operation of dryer felts in

papermaking. He may testify about testing conducted on dryer felts referenced in his report. He may also testify that, based upon his experience in the paper mills, the use of dryer felts/fabrics did not pose a health hazard to paper mill workers. He may testify regarding 2. On behalf of defendant:

the OSHA warning label provisions concerning

asbestos and why warnings labels were not required on chrysotile containing dryer felts.

Mr. Carlson may testify regarding Decedent's exposure to amphibole asbestos including but not limited to such exposures as the Port Arthur Refinery, the Camas

Paper Mill, and other locations. He will testify that Mr. Barbain had zero to background ambient exposure

levels from Scapa chrysotile-containing dryer felts. Mr. Carlson may also respond to matters raised within his field of expertise by Plaintiff's experts in the presentation of Plaintiff's case-in-chief. Accordingly, Mr. Carlson's testimony is dependent upon the prior testimony of Plaintiff's experts and cannot be predicted with further specificity.

Mr. Carlson's testimony will be based upon his

training, experience, research, education, writings, review of scientific literature concerning asbestos disease and other relevant matters, and review of

depositions, expert reports and documents and relevant to Mr. Barabin. Mr. Carlson is expected to testify consistent with his report and his deposition given in this case.

James D. Crapo, MD Dr. Crapo is board certified in internal medicine and 4650 South 4th Street pulmonary disease. Dr. Crapo may testify about his Englewood, CO 80110 review of Mr. Barabin's medical records and expert reports produced in this case. Dr. Crapo may testify May Testify about the anatomy and function of the human

respiratory system, pulmonary function testing,

diseases associated with exposure to asbestos and the development of related scientific and medical

knowledge. Dr. Crapo may testify about the

pulmonary aspects of asbestos exposure and the

epidemiology relevant thereto, including such matters as dose response, cumulative exposure and causation thresholds, progression, cancer risk, scientific opinions and theories as to how asbestos may be involved in the cause of various cancers, and experimental animal

studies relating to the initial biological response to asbestos. He may also testify regarding toxicology, the linear dose extrapolation model and quantitative risk assessment of different individuals with different levels and types of asbestos exposures and determine, insofar as science is able, the risks of those individuals to contract conditions which may be asbestos-related, as well as their risks of contracting various forms of cancer.

Dr. Crapo may also testify about cancer risk from

asbestos exposure including comments on the relevant literature, federal statistics and publications as well as the risk relevant to Mr. Barabin. Dr. Crapo may testify

that low dose exposure to chrysotile asbestos does not cause mesothelioma. Dr. Crapo may further testify that dryer fabrics manufactured with chrysotile asbestos-containing yarn are not hazardous and that any possible

exposure Mr. Barabin may have had to asbestos from Scapa dryer fabrics manufactured with chrysotile

asbestos-containing yarn could not have caused Mr. Barabin's mesothelioma. Dr. Crapo may also testify about asbestos exposure among refinery workers and pulp and paper mill workers and what is known about the effects of such exposure as reflected by the medical and scientific literature.

Dr. Crapo may also respond to matters raised within his field of expertise by Plaintiff's experts in the

presentation of Plaintiff's case-in-chief. Accordingly, Dr. Crapo's testimony is dependent upon the prior

testimony of Plaintiff's experts and cannot be predicted with further specificity.

Dr. Crapo's testimony will be based upon his training, experience, research, education, writings, review of medical and scientific literature concerning asbestos disease and other relevant matters, and review of

depositions, expert reports, documents and medical records relevant to Mr. Barabin. Dr. Crapo is expected to testify consistent with his report and his deposition given in this case.

Andrew Churg, MD Dr. Churg is a pathologist at the University of British 1229 W 7th Avenue Columbia in Vancouver, British Columbia. He is

Vancouver, BC V6H 1B7 board certified in anatomic and clinical pathology. He Canada may provide testimony, live or by deposition, regarding his examination of Mr. Barabin's medical records,

Will Testify work history and pathology material. He may also

testify regarding the biological effects of asbestos and the evidence of the relationship between the inhalation of various forms of asbestos fibers and asbestos-associated disease and the factors that go into

evaluating whether there is any medical risk from

asbestos-containing products. Dr. Churg may also

provide testimony regarding animal research and

asbestos-related disease, the biological effects of asbestos and other dusts, cancer research, the practices and protocols regarding publication of scientific

research, and the history of research into such matters in the United States and elsewhere.

Dr. Churg may generally testify concerning asbestos-related diseases and the effects of exposure to various

asbestos-containing products upon persons in

occupational and non-occupational settings. He may further testify regarding the epidemiology of asbestos-related diseases, fiber gradients, ambient levels of

asbestos and the existence of a dose-response

relationship between exposure to asbestos and

asbestos-related diseases. He may also testify

regarding asbestos causation thresholds and the relative risk of personal injury or death as a result of exposure to different types of asbestos at different cumulative exposure. Dr. Churg is expected to testify that Mr. Barabin's disease was not caused by his work with or around dryer felts.

Dr. Churg may also respond to matters raised within his field of expertise by Plaintiff's experts in the presentation of Plaintiff's case-in-chief. Accordingly, Dr. Churg's testimony is dependent upon the prior

testimony of Plaintiff's experts and cannot be predicted with further specificity.

Dr. Crapo's testimony will be based upon his training, experience, research, education, writings, review of medical and scientific literature concerning asbestos disease and other relevant matters, and review of

depositions, expert reports, pathology material,

documents and medical records relevant to Mr.

Barabin. Dr. Churg is expected to testify consistent with his report which is concurrently being produced and his anticipated deposition to be given in this case. Mark R. Newton Mr. Newton is an expert economist. Mr. Newton will Hagen Streiff Newton & Oshiro, testify based upon his review of financial and other Accountants, P.C. records of Plaintiff and/or Mr. Barabin, and any expert 1330 Broadway, Suite 430 report produced by Plaintiff's economist in this case, as Oakland, CA 94612 to his opinion of the value of the economic losses, if any, incurred by Plaintiff and/or Mr. Barabin as a Will Testify consequence of Mr. Barabin's alleged injuries and

subsequent death. Mr. Newton will testify to the

matters contained in his report, curriculum vitae, fee schedule and list of testimony produced with this

designation.

Mr. Newton may also respond to matters raised within his field of expertise by Plaintiff's experts in the presentation of Plaintiff's case-in-chief. Accordingly, Mr. Newton's testimony is dependent upon the prior testimony of Plaintiff's experts and cannot be predicted with further specificity.

Mr. Newton's testimony will be based upon his

training, experience, research, education, writings, and review of depositions, expert reports, and financial documents relevant to Plaintiff and/or Mr. Barabin. Mr. Newton is expected to testify consistent with his report which is concurrently being produced and his anticipated deposition to be given in this case.

Joseph D. Wendlick, CIH Mr. Wendlick is a Certified Industrial Hygienist.

851 South Marine Hills Way Mr. Wendlick may testify on industrial hygiene

Federal Way, WA 98003 practices in pulp and paper mills. He may also testify

about the air sampling studies he undertook in various May Testify paper mills, particularly around the paper machines and the dryer fabrics used on the machines in the 1970s and 1980s. He may also testify, based upon his experience in the paper mills, that the use of dryer felts on the paper machines did not pose a health hazard to paper mill workers.

Mr. Wendlick is expected to testify that, based on his 1973 air sampling tests during a "dry end" felt change, no hazardous asbestos exposure exists in the paper machine area of a paper mill as a result of a "dry end" felt change. He is also expected to testify, based on this test, that all work practices (and materials) connected with a "dry end" felt change were acceptable according to the OSHA Asbestos Standard in place at the time of the testing. Mr. Wendlick may also respond to matters raised within his field of expertise by Plaintiff in the presentation of their case in chief. Accordingly, Mr. Wendlick's testimony is dependent upon the prior testimony of Plaintiff's experts and cannot be predicted with further specificity.

Mr. Wendlick's testimony will be based on his training, experience, research, education, writings, review of medical and scientific literature concerning asbestos disease and other relevant matters, and review of

depositions, expert reports, documents and medical records relevant to Plaintiff. Mr. Wendlick is expected to testify consistent with his deposition given in this case.

Plaintiff Geraldine Barabin Mrs. Barabin is expected to testify about her marriage c/o Brayton Purcell, LLP and life with Decedent, her knowledge and

To be contacted through understanding of the nature and extent of his exposure plaintiffs' counsel to asbestos and asbestos-containing products. Her

understanding of the events surrounding the diagnosis WILL TESTIFY of mesothelioma, Decedent's medical treatment and

death; how Decedent's life was affected by the illness; how her life has been affected by the illness, and the facts pertaining to plaintiffs claim for economic and non-economic damages.

Bryan Barabin Mr. Barabin is expected to testify about his life with c/o Brayton Purcell, LLP Decedent, his knowledge and understanding of the

To be contacted through plaintiff's nature and extent of his exposure to asbestos and

counsel asbestos-containing products. His understanding of the events surrounding Henry Barabin's diagnosis of

POSSIBLE WITNESS ONLY mesothelioma, Decedent's medical treatment and death; how Decedent's life was affected by the illness; how his life has been affected by the illness.

VII. OTHER WITNESSES

1. Fact witnesses on behalf of Plaintiff:

Robert Barabin Mr. Barabin is expected to testify about his life with c/o Brayton Purcell, LLP Decedent, his knowledge and understanding of the

nature and extent of his exposure to asbestos and

To be contacted through plaintiff's asbestos-containing products. His understanding of the counsel events surrounding Henry Barabin's diagnosis of

mesothelioma, Decedent's medical treatment and death; POSSIBLE WITNESS ONLY how Decedent's life was affected by the illness; how his life has been affected by the illness.

Decedent Henry Barabin

Decedent Henry Barabin will testify about his education, Prior trial transcript family history, and work history and illness including the work he performed at the Camas Mill, his duties on each WILL TESTIFY of the positions he held, his activities while working at the paper mill, his cutting and taking used dryer felts home where he cut and used the felts in his garden, his disease, his understanding of the events surrounding his diagnosis of mesothelioma, his medical treatment for the disease, how life has been affected by illness, his marriage to Geraldine Barabin, and the facts pertaining to the claim for economic and noneconomic damage.

Ivan Fearnhead

Ivan Fearnhead is Scapa's former corporate representative Prior trial and deposition transcripts and will provide testimony regarding Scapa's corporate history and multiple issues related to Scapa's

WILL TESTIFY manufacture and sale of any asbestos-containing dryer fabrics.

Scapa objects to Plaintiff using prior

testimony of its former corporate

representative when its current

corporate representative will be

present and provide live testimony.

Harry J. Merck, Jr.

Harry Merck is Scapa's former corporate representative Prior deposition transcripts and will provide testimony regarding Scapa's corporate history and multiple issues related to Scapa's

WILL TESTIFY manufacture and sale of any asbestos-containing dryer fabrics.

Scapa objects to Plaintiff using prior

testimony of its former corporate

representative when its current

corporate representative will be

present and provide live testimony.

James H. Price, III Mr. Price was the attorney for Fort James Corporation or other designated records who personally directed and oversaw the collection of custodian asbestos-related documents from the Camas Mill

c/o McGuire Woods LLP

One James Center

901 East Cary Street

Richmond, VA XXXXX-XXXX

2. Fact witnesses on behalf of Scapa:

May Testify

James Doherty, a former Scapa Mr. Doherty, a former employee who was the vice

employee president of manufacturing for Scapa starting in

12408 School House Street approximately 1990 and had previously worked at

Raleigh, NC 27614 Albany International from the late 1960s to 1985 and at Niagara Lockport from 1985 to 1990 in various

capacities. Mr. Doherty will testify on Scapa's

Will Testify corporate history and multiple issues related to Scapa's manufacture and sale of any asbestos-containing dryer fabrics, including the composition of the fabrics, why no warning labels were needed on the products, and why there was no health hazard from using the products. He may also offer testimony regarding Albany's dryer felts and customers.

Harry Mickes, a former Crown Deposition taken June 26, 2007.

Zellerbach Camas Mill employee Barabin v. Albany International Corp.

Scapa believes that Plaintiffs are already in possession of this deposition transcript. If they are not, it is May Testify available upon request.

Buford Sanders, a former Crown Deposition taken June 27, 2007.

Zellerbach Camas Mill employee Barabin v. Albany International Corp.

Scapa believes that Plaintiffs are already in possession of this deposition transcript. If they are not, it is May Testify available upon request.

Leard Henry, a former Crown Deposition taken June 28, 2007.

Zellerbach Camas Mill employee Barabin v. Albany International Corp.

Scapa believes that Plaintiffs are already in possession of this deposition transcript. If they are not, it is May Testify available upon request.

Lloyd Niece, a former Crown Deposition taken February 21, 1983 and August 31,

Zellerbach Camas Mill employee 1984.

Crone v. Johns-Manville Corp., USDC Western District of Washington, Tacoma, Case No. C81-832M(T); Niece May Testify v. Raymark Industries, Inc., USDC Western District of Washington, Seattle, Case No. C81-131-0M

Plaintiff objects. Scapa believes that Plaintiffs are already in possession of this deposition transcript. If they are not, it is available upon request.

Hugh Holdt, a former Crown Deposition taken May 17, 1982; February 22, 1983; and Zellerbach Camas Mill employee January 17, 2003.

Crone v. Johns-Manville Corp., USDC Western District of Washington, Tacoma, Case No. C81-832M(T);

May Testify Myhran v. Johns-Manville Corp., USDC Western

District of Washington, Tacoma, Case No. C81-626T. Plaintiff objects. Scapa believes that Plaintiffs are already in possession of this deposition transcript. If they are not, it is available upon request.

Gerald T. Olsen, a former Crown Deposition taken May 28, 1982.

Zellerbach Camas Mill employee Myhran v. Johns-Manville Corp., USDC Western

District of Washington, Tacoma, Case No. C81-626T. May Testify Scapa believes that Plaintiffs are already in possession of this deposition transcript. If they are not, it is available upon request.

Plaintiff objects.

Andrew Richardson Deposition taken 5/11/1987

Cannon v. Owens-Illinois, USDC, District of South

Carolina, Cause No. 84-1950

May Testify

He is former manager of the "Limpet" department for both Keasbey & Mattison (1959-1962) and AC & S

(1962-1967) and Atlas Asbestos Company (1967-1970

when Limpet was discontinued)

VIII. EXHIBITS

See Appendix of Exhibits and Objections to Authenticity and Admissibility.

IX. ACTION BY THE COURT

This case is scheduled for trial before a jury on March 26, 2018, at Seattle.

Trial briefs shall be submitted to the court on or before March 19, 2018.

Designations, objections, and counter-designations of prior testimony shall be submitted to the court on or before March 19, 2018. Jury Instructions requested by either party shall be submitted to the court on or before March 19, 2018. Suggested questions of either party to be asked of the jury by the court on voir dire shall be submitted to the court on or before March 19, 2018. This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.

Sources

• The opinion on Google Scholar
• Washington asbestos laws
• Washington asbestos exposure sites