SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE

CHARLES 0. CECIL and JOAN CECIL,

Plaintiff(s),

v.

A. 0 . SMITH WATER PRODUCTS CO., et al.,

Defendant(s).

THE GOODYEAR TIRE AND RUBBER CO:MP ANY'S

TRIAL EXHIBIT LIST

Index No. 801082/2015

Defendant The Goodyear Tire and Rubber Company ("Goodyear Tire"),

through counsel, Phillips Lytle LLP, proposes to enter into a stipulation as to the

authenticity of certain of Plaintiffs' and Goodyear Tire's proposed exhibits. In the absence

of such an agreement, Goodyear Tire reserves the right to call the appropriate custodian of

records or other witnesses in order to authenticate Goodyear Tire's exhibits. Goodyear

Tire also reserves the right to use enlargements and/ or illustrations of all or part of any and

all exhibits offered at trial. Goodyear Tire further reserves the right to offer exhibits

subsequently discovered or obtained, exhibits offered by any other party, exhibits for

purposes of rebuttal or impeachment and for issues not presently raised or anticipated.

At trial, The Goodyear Tire and Rubber Company may offer the following

exhibits:

1. Demonstrative, medical or anatomical exhibits.

2. Plaintiffs' tax returns and income records.

3. Plaintiffs' Answers to Interrogatories and all supplements thereto.

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FILED: ERIE COUNTY CLERK 09/13/2016 08:55 AM INDEX NO. 801082/2015

NYSCEF DOC. NO. 322 RECEIVED NYSCEF: 09/13/2016

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4. Plaintiffs' Responses to Requests for Production of Documents and all supplements thereto.

5. Plaintiffs' Responses to Requests for Admissions and all supplements thereto,

6. Plaintiffs' Complaint and all amendments thereto.

7. All pleadings filed or served by the Plaintiff(s).

8. Tangible items in Plaintiffs' possession including, but not limited to, product brochures, labels, containers, etc. concerning various asbestos products to which Mr. Cecil was allegedly exposed.

9. Plaintiffs' Social Security records.

10. Plaintiff Charles Cecil's employment records, including but not limited to union records.

11. Plaintiff Charles Cecil's military records, if any.

12. Plaintiff Charles Cecil's medical records.

13. Plaintiff Charles Cecil's x-rays, MRis and CT scans.

14. All tissue slides, blocks, biopsies, photomicrographs, electron micrographs, or other specimens or samples taken for the purpose of Plaintiff Charles Cecil's diagnosis, treatment, care, analysis or review by medical personnel.

15. Plaintiffs' expert reports.

16. Plaintiffs' experts ' curricula vitae.

17. Plaintiffs' expert witness designations.

18. Any and all literature, studies or treatises relied upon or written by any party's expert witnesses.

I 9. Publications, correspondence and other written communications issued, received and/or disseminated by Mr. Cecil's employers or at Mr. Cecil's jobsites, including, but not limited to , warnings, instructions, notices, brochures, regulations, citations, studies and reports.

20. Regulations and Emergency Rules issued by the Occupational Health and Safety Administration.

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21. Studies, reports, publications, letters and/or journal articles discussing, establishing, evaluating, implementing or advising of Threshold Limit Values (TLVs).

22. Discovery responses, publications, correspondence and other documentation produced, issued, printed, disseminated or developed by refractory and insulation manufacturers, including, but not limited to, Harbison-Walker, A.P. Green, Johns-Manville, Owens-Corning Fiberglas, Eagle-Picher and Pittsburgh-Coming; by friction product manufacturers, including, but not limited to, Honeywell International Inc. (Bendix), General Motors and Borg-Warner; and by manufacturers of other products and equipment, including, but not limited to, those identified by Mr. Cecil during his discovery deposition and those in bankruptcy against whom claims have been submitted by or on behalf of Plaintiff Charles Cecil.

23. All exhibits designated by any other party to this action.

24. All stenographic or audio-visual depositions, taken or designated by any party in this action.

25. All exhibits to depositions taken or designated by any party to this action.

26. Exhibits and transcripts from prior depositions in unrelated cases relied upon by Plaintiffs' counsel to justify non-production of a witness for deposition in this case on the ground that he/she has been previously deposed.

27. The Goodyear Tire and Rubber Company contract documents, including, but not limited to, specifications, material requisitions, construction schedules, correspondence, memoranda, drawings, plans, engineering documents and/ or other writings contained therein.

28. Any and all documents produced by any party to this action.

29. Any and all Workers' Compensation records for claims filed by or on behalfofMr. Cecil against any of Mr. Cecil's employers.

30. Exhibits and transcripts from prior depositions of union representatives or members regarding knowledge of asbestos hazards.

31. Any and all submissions made by Mr. Cecil to any Asbestos Claims Trusts established by bankrupt entities.

32. Any and all union literature including pamphlets, brochures, or testimony from former members of the unions tending to show what

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unions or their members knew or should have known regarding asbestos hazards.

33. Any and all documents received in response to subpoenas of any and all unions in which Mr. Cecil was a member, or from unions whose members were present and/or performing work at Mr. Cecil'sjobsites.

34. Any and all documents and/ or discovery responses produced by any premises owner or operator, including any documents produced under seal, which describe or refer to the installation, use, repair or abatement of asbestos-containing materials atjobsites where Mr. Cecil worked.

35. New York State legislation and regulations pertaining to workplace safety, including, but not limited to, safety protocols and procedures for the handling of asbestos-containing products and permissible exposure limits of asbestos fibers.

36. Environmental Protection Agency publications concerning the development of knowledge concerning asbestos hazards and the implementation of safety procedures and protocols.

References cited by The Goodyear Tire and Rubber Company's expert, John W. Spencer, em, CSP:

3 7. Deposition of Charles Cecil, taken February I 7 & 18, 2016.

38. Plaintiffs Answers to Interrogatories.

39. Complaint.

40. DiNardi S. (Ed.) The Occupational Environment- Its Evaluation and Control. Fairfax, VA, 1997.

41. Jahn SD, Bullock WH, Ignacio JS. (Eds.). A Strategy for Assessing and Managing Occupational Exposures, Fourth Edition, Falls Church, VA: American Industrial Hygiene Association, 2015.

42. Federal Register, U.S. Environmental Protection Agency, 1990.

43. 29 CFR 1926.1101, Appendix H, 1994.

44. Federal Register Volume 55, EPA, 1990.

45. Corrosion ProofFittings v. the EPA 947 F .2d 1201, 1991.

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46. Federal Register, U .S. Environmental Protection Agency, 40 CFR, Parts 736. "Asbestos: Manufacturing, Importation, Processing and Distribution in Commerce Prohibitions; Final Rule." July 12, 1989.

47. SelikoffiJ. Partnership for Prevention- The Insulation Industry Hygiene Research Program. Industrial Medicine. 1970;39(4): 162-166.

48 . Industrial Uni01t Dept. v. American Petrol. Inst. U.S. Supreme Court No. 78-911, 1980.

49. OSHA. Preamble to the Final Rule for cadmium. 1992

50. Rodricks JV, Brett SM, Wrenn GC. Significant Decisions in Federal Regulatory Agencies. Regulatory ToxandPharm. 1987;7:307-320.

51. Nicholson, William. 1983. "Quantitative Risk Assessment for Asbestos Related Cancers." The Occupational Safety and Health Administration (OSHA) Office of Carcinogen Standards, prepared in conjunction with Dr. William Nicholson of the Environmental Sciences Laboratory of the Mt. Sinai School ofMedicine.

52. Henderson VI, Enterline PE. Asbestos exposure: factors associated with excess cancer and respiratory disease mortality, Ann NY Acad Sci 1979;330: 117-126.

53. Weill H. Influence of dose and fiber type on respiratory malignancy in asbestos cement manufacturing. Am Rev Resp Dis 1979; 120:345-354.

54. Finkelstein MM. Mortality among long-term employees of an Ontario asbestos-cement factory. Br J Ind Med 1983;40:138-144.

55. Peto, J. Lung cancer in relation to measured dust levels in an asbestos factory. In: Wagner, JC (ed.). Biological Effects ofMineral Fibers. IARC Scientific Publication No. 30, Lyon, France, 1980:829-836.

56. Dement JM, Harris RL, Symons MJ, et al. Estimates of dose response for respiratory cancer among chrysotile asbestos textile workers. In: Walton, WH. (ed.) Inhaled Particles V. Oxford Pergamon.

57. Berry G, Newhouse ML. Mortality of workers manufacturing friction materials using asbestos. Br J Indus Med 1983;36:98-112.

58. Seidman H, SelikoffiJ, Hammond EC. Short-term asbestos work exposure and long-term observation. Ann NY Acad Sd 1979;330:61-89.

59. SelikoffiJ, Hammond EC, Seidman H. Mortality experience of insulation workers in the United States and Canada. Ann J Indust Med 1979; 1:88-122.

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60. Daniel A. The Occupational Environment its Evaluation, Control and Management. 3rd Ed. Fairfax, VA: American Industrial Hygiene Association, 2011.

61. American Conference of Governmental Industrial Hygienists, Documentation of Threshold Limit Values, 1946 to present.

62. OSHA Asbestos Regulations. 1971.

63. NIOSH. Dept. of Health and Human Services. "Asbestos." Pocket Guide to Chemical Hazards. 2005.

64. California Code ofRegulations (8 CCR) 1529 "Asbestos."

65. Statutory Instrument 2006 No. 2739. "The Control of Asbestos Regulations 2006."

66. Senior Labor Inspectors Committee. "A practical guide on best practice to prevent or minimize asbestos risks in work that involves (or may involve) asbestos: for the employer, the workers and the labor inspector." European Commission.

67. World Health Organization. "Determination of airborne fibre number concentrations: a recommended method by phase-contrast optical microscopy (membrane filter method)." 1997.

68. Fischbein A, Rohl AN, Langer AM, SelikoffiJ. Drywall construction and asbestos exposure. Am Ind Hyg Assoc J. 1979;40(5):402-7.

69. Verma DK, Middleton CG. Occupational exposure to asbestos in the drywall taping process. Am Ind Hyg Assoc J. 1980;41(4):264-9.

70. SelikoffiJ, Churg J and Hammond EC. Asbestos exposure and neoplasia. JAMA 1964;188:22-26.

71. Nicholson WJ, Holaday DA, Heimann H. Direct and indirect occupational exposure to insulation dusts in United States Shipyards. In: Safety and Health in Shipbuilding and Ship Repairing. Geneva: International Labor Office (ILO). 1972:37-47.

72. Balzer, LeRoy, Cooper WC. The work environment of insulating workers. American Industrial Hygiene Association Journal1968 , Vol. 29 May-June.

73. Balzer JL, Fowler DF, Cooper WC. Dust producing potential of construction materials. Safety and Health in Shipbuilding and Ship Repairing, ILO, Geneva, 1972.

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74. Fontaine JH, Trayer, DM. Asbestos control in steam-electric generating plants. American Industrial Hygiene Association Journal, February 1975.

75. CONSAD Research Corporation, Economic and Technological Profile Related to OSHA's Revised Permanent Asbestos Standard for the Construction Industry and Asbestos Removal and Routine Maintenance in General Industry. Contract No. J-9-F-4-0024, Prepared for US Department of Labor, Occupational Safety and Health Administration. December 1985.

76. Liukonen LR, Weir FW. Asbestos exposure from gaskets during disassembly of a medium duty diesel engine. Regulatory Toxicology and Pharmacology 2005;41(2):1130121.

77. Boelter and Yates. Asbestos exposure assessment: Three in-frame diesel engine overhauls. June 24, 2005.

78. Wendlick J. Ambient asbestos fiber levels at selected sites in Philadelphia, Pennsylvania. November 1984.

79. Barratt RS. Ambient asbestos levels in perspective. R Soc Health J. 1978;98(1):25-6, 49-50.

80. Andrion A, Bellis D, Bertoldo E, Mollo F. Coated and uncoated lung mineral fibers in subjects with and without pleural plaques at autopsy. Path Res Pract 1984;178:611-616.

81. Langer AM, Nolan RP. Chrysotile Biopersistence in the lungs of persons in the general population and exposed workers. Environmental Health Perspective 1994; 1 02(Supplement 5):235-239.

82. Langer AM, SelikoffiJ, Sastre A. Chrysotile asbestos in the lungs of persons in New York. Arch Environ Health 1971;22:348-361.

83. National Research Council. Asbestos - The need for and feasibility of air pollution controls. Committee on Biologic Effects of Atmospheric Pollutants, Division of Medical Sciences. National Academy of Sciences, Washington, DC 1971.

84. United States Environmental Protection Agency. How to Manage Asbestos in School Buildings -AHERA Designated Person's Self-Study Guide. Washington, D.C.: U.S. Environmental Protection Agency 1995.

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RESERVATION OF RIGHTS

The Goodyear Tire and Rubber Company reserves the right to supplement or

amend this exhibit list. Goodyear Tire does not know all of the areas of testimony or proof

that Plaintiffs intend to produce at trial. Therefore, Goodyear Tire cannot designate all

potential exhibits until they have had the benefit of reviewing all of Plaintiffs' exhibits,

experts' reports, opinions and documents relied upon by Plaintiffs' experts and hearing their

testimony at trial. To the extent that a witness provides evidence or expresses an opinion at

trial or in discovery that has not been divulged prior to the time that this statement was

served on counsel, and which creates a need for additional areas of rebuttal testimony or

proof, Goodyear Tire reserves the right to supplement this exhibit list. Goodyear Tire also

reserves the right to amend or supplement this exhibit list based on newly discovered or

disclosed documents, records or other materials relating to Plaintiff Charles Cecil.

Dated: Buffalo, New York September 13, 2016

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PHILLIPS LYTLE LLP

By 1~~,LL Ma!Y H~s2her James W. Whitcomb

Attorneys for Defendant The Goodyear Tire and Rubber Company

One Canalside 125 Main Street Buffalo, New York 14203-2887 Telephone No. (716) 847-8400 mherrscher@phillipslytle. com jwhitcomb@phillipslytle. com

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TO: WEITZ & LUXENBERG, P.C. Attorneys for Plaintiffs 700 Broadway New York, NewYork 10003

ALL DEFENSE COUNSEL

Doc #0 1-2979864.1

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