IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

OPAL MILLMAN, ERIC POWELL, and ) 

LAURY POWELL, ) 

 ) 

Plaintiffs, ) 

 ) 

 vs. ) No. 1:16-cv-00312-HAB-SLC 

 ) 

RAYTHEON TECHNOLOGIES ) 

CORPORATION, LEAR CORPORATION ) 

EEDS AND INTERIORS, as successor to ) 

United Technologies Automotive, Inc., ) 

ANDREWS DAIRY STORE, INC., L.D. ) 

WILLIAMS, INC., CP PRODUCT, LLC ) 

successor to Preferred Technical Group, Inc., ) 

and LDW DEVELOPMENT, LLC, ) 

 ) 

 Defendants. ) 

PLAINTIFFS’ MOTION TO EXCLUDE THE EXPERT OPINIONS OF JASON LENZ, 

PH.D., MARK ROBERTS, M.D., PH.D., JAMES ALBERS, M.D., PH.D., JAMES 

MCCLUSKEY, M.D., PH.D., THOMAS MCHUGH, PH.D., JULIE PANKO, AND 

RICHARD LEWIS, PH.D., P.E. 

Thomas A. Barnard, Attorney No. 4011–49 

Rodney L. Michael, Jr., Attorney No. 23681–49 

Benjamin A. Wolowski, Attorney No. 33733–49 

TAFT STETTINIUS & HOLLISTER LLP 

One Indiana Square, Suite 3500 

Indianapolis, Indiana 46204 

Telephone: 317-713-3500 

Fax: 317-713-3699 

Attorneys for Plaintiffs

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Plaintiffs Opal Millman, Eric Powell and Laury Powell (collectively “Plaintiffs”), 

by counsel, respectfully move this Court to enter an order excluding the expert opinions 

and testimony of the following experts proffered by Defendant Raytheon Technologies, 

Inc., Lear Corporation, and CP Product (collectively “Raytheon”), and/or L.D. 

Williams, Inc. and LDW Development (collectively “LD Williams”), for the reasons set 

forth in this Motion and in the separate briefs filed contemporaneously herewith. In 

support of this motion, Plaintiffs further state as follows: 

I. Background. 

 A. The Plaintiffs.

 Opal Millman is an 86-year widow who resides at 156 North Main Street, 

Andrews, Indiana, where she has lived for over 45 years. (Expert Report of Zachary 

Torry, M.D., on Opal Millman, June 2, 2021 (“Torry Millman Rep.”), at 3.)1 She and her 

late husband Jack, moved into the house in 1968. (Id.) Jack died in his sleep in 2014 while 

suffering from trigeminal neuralgia. (Id. at 4.) Opal was diagnosed with trigeminal 

neuralgia in 2016. (Id. at 9.) She has undergone major medical treatments, including 

surgery, in her attempt to reduce the pain episodes cause by this nerve condition. (Id. at 

33 - 46.) 

 Eric Powell is a 55-year-old man who resides at 148 North Main Street in Andrews. 

(Expert Report of Zachery Torry, M.D., on Eric and Laury Powell, June 2, 2021 (“Torry 

 

1 Dr. Torry’s Reports on Opal Millman and on the Powells are being filed this date under seal by 

Raytheon, pursuant to counsel’s agreement and due to the sensitive personal and medical 

information contained therein. Rather than file a second set of Dr. Torry’s reports under seal, 

Plaintiffs cite to the copies filed by Raytheon. 

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Powell Rep.”), at 3.)2 The Powell home is immediately next door to the Millman home. 

Eric lived in this home since his birth in 1965 (except during 1987-89). (Id.) His wife, Laury 

Powell, is a 58-year-old woman, who moved into 148 North Main Street after she and Eric 

were married in 1989. (Id.) 

B. Plaintiffs’ homes and the contamination.

The Millman and Powell homes sit on top of comingled plumes of underground 

contamination released into the environment at Raytheon’s former manufacturing plant 

on California and Jackson Streets in Andrews (“UTA Site”), and from the gas station 

immediately across the street, the Andrews Dairy Store, owned by LD Williams (the 

“Station”). (Report of James Wells, Ph.D., at 5.)3

The contamination released via dumping and other mishandling activities by 

Raytheon includes chlorinated solvents, primarily trichloroethylene (“TCE”), which 

breaks down in the environment to vinyl chloride (“VC”), and cis-1,2, dichloroethylene 

(“DCE”) (TCE, VC and DCE being collectively referred to as “cVOCs,” or chlorinated 

volatile organic compounds). (Id. at 9.) TCE and VC are classified by the EPA as known 

human carcinogens. (Id. at 10.) 

The Station leaked petroleum into the subsurface and sewer system due to one or 

more leaks from its underground storage tank systems. (Id. at 9–10.) Petroleum contains 

benzene, among other constituents; benzene is also classified as a known human 

 

2 See n. 1, supra. 

3 Dr. Wells’ report is attached as Exhibit I to Plaintiffs’ memorandum in support of the motion to 

exclude the opinions of Dr. McHugh. 

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carcinogen. (Id. at 9.) The petroleum constituents and cVOCs are collectively referred to 

herein as “VOCs,” or volatile organic compounds. 

The groundwater in Andrews is extremely shallow, with a typical depth below 

ground surface at just 5 to 10 feet. (Id. at 3, 12.) The VOCs from Defendants’ releases, once 

they enter the shallow groundwater, have migrated in the direction of regional 

groundwater flow, which is southwest. (Id. at 8.) Accordingly, Defendants’ VOC 

migrated beneath the Millman and Powell home shortly after the chemicals were released 

from their respective sites. (Id. at 17.) 

The Town of Andrews relies on its sole public well field to supply all drinking and 

other water needs for its residents. (Id. at 12.) The Andrews well field is southwest of the 

UTA Site and the Station, at the far southwest corner of the Town, as shown on the 

following map prepared by Raytheon’s consultant: 

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WH-1, as shown at the far left of the plume, is one of the Town’s three drinking water 

wells. 

The plume of benzene released from the Station has been recently depicted by 

Williams’ consultant as follows: 

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VOCs from Defendants’ respective sites were detected in the Town’s well field as 

early as 1983, establishing that the contamination had, by that time, already migrated 

from Defendants’ properties and traveled beneath the Plaintiffs’ homes. (Id. at 5.) 

Plaintiffs’ homes sit directly on top of the plumes, as shown in the following diagram: 

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These VOCs in the shallow groundwater volatize, creating vapors that migrate 

upward and into aboveground structures, as depicted in this EPA diagram: 

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Accordingly, Defendants’ VOCs have, over time, entered the Millman and Powell 

homes through vapor intrusion, causing their exposure to cVOCs and benzene, among 

other chemicals. (Id. at 11, 17–21.) 

C. Plaintiffs’ experts relevant to this motion. 

Dr. James Wells, Ph.D., is an experienced environmental geologist who serves as 

Plaintiffs’ expert on the issues of environmental exposures and remediation. Among 

other things, he has estimated the historical exposures suffered by Opal Millman and the 

Powells to VOCs within their respective homes. He has also offered opinions regarding 

the imminent and substantial endangerment posed by Defendants’ chemicals, as well as 

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the proper remediation that is required to protect human health and the environment. 

Kenneth Spaeth, M.D., is an occupational and environmental medicine physician 

who has opined that, among other things, Ms. Millman’s exposure to TCE in her home 

was a significant contributing factor to her development of trigeminal neuralgia. Dr. 

Spaeth has also opined that Ms. Millman, along with the Powells, are at increased risks 

for development of a variety of cancers and other health conditions as a result of their 

exposures to cVOCs within their homes. This last opinion is based in part upon his 

calculation of individual “inhalation cancer risks” for each of the Plaintiffs, which in turn 

is based upon Dr. Wells’ estimates of their individual exposures. 

Kathleen Gilbert, Ph.D., is a research scientist, immunologist and toxicologist 

who has spent most of her entire career studying TCE and its effects on humans. She has 

opined that, among other things, Ms. Millman’s exposure to TCE promoted the 

development of her trigeminal neuralgia. She also calculates individual “average daily 

doses” of exposure for each Plaintiff with respect cVOC, and concludes that they have 

increased risks of adverse health effects due to these individualized exposures. 

II. Defendants’ Expert Opinions Should Be Excluded 

For reasons more thoroughly discussed in the accompanying memoranda, 

Plaintiffs hereby move to exclude opinions offered by the following experts engaged by 

Raytheon and LD Williams: 

1. Jason Lenz, Ph.D. LD Williams engaged Dr. Jason Lenz, who holds himself 

out as the founder, part-owner and Chief Executive Officer of Creek Run LLC 

Environmental Engineering. Dr. Lenz offers opinions to the effect that: 1) the Stations’ 

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underground storage tanks and associated pipes have passed all release detection tests 

and inventory reconciliation, demonstrating no loss of gasoline; 2) LD Williams has 

responded to the petroleum contamination in a reasonable manner; and 3) other 

petroleum sources in Andrews are potential sources of the petroleum discovered at the 

Station. The Court should strike each of these opinions because, as he readily admits, Dr. 

Lenz is unqualified to opine on release detection systems, and his last two opinions are 

unreliable speculation. 

2. Mark Roberts, M.D., Ph.D., is a medical doctor and Principal Scientist as 

Exponent, Inc. Dr. Roberts offers a variety of opinions rebutting Drs. Spaeth and Gilbert, 

especially with respect to whether TCE has caused Ms. Millman’s trigeminal neuralgia. 

Dr. Roberts’ opinions should be excluded because he is unqualified to opine on either 

trigeminal neuralgia or the EPA’s “human equivalent concentration,” and his opinions 

are otherwise unreliable and speculative. 

3. James Albers, M.D., Ph.D., is a medical doctor and neurologist who opines 

that, among other things, TCE did not cause Ms. Millman’s trigeminal neuralgia. Dr. 

Albers’ opinions should be excluded because they amount to either unsupported 

speculation as to the cause of Ms. Millman’s trigeminal neuralgia, and are otherwise 

unreliable due to his failure to consider relevant medical and scientific publications. 

4. James McCluskey, M.D., Ph.D., is a medical doctor who opines that, 

among other things, TCE did not cause Ms. Millman’s trigeminal neuralgia. He also 

opines that the Powells’ exposures to benzene and other VOCs have not increased their 

risks of adverse health effects. These opinions fail to meet Rule 702’s reliability 

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requirements for multiple reasons, including the fact that he lacks the proper 

qualifications, has ignored relevant materials, and engages in speculation. 

5. Thomas McHugh, Ph.D., holds himself out as an environmental consultant 

with GSI, Inc. Dr. McHugh offers numerous opinions related to the contamination and 

exposures in Andrews, including an opinion that TCE exposure did not cause Ms. 

Millman’s trigeminal neuralgia. Dr. McHugh’s opinions violate nearly every principle 

under Rule 702 and Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). Dr. McHugh 

bases opinions on insufficient data; misunderstands straightforward data and 

calculations; cherry-picks data; ignores contrary evidence; employs unreliable methods; 

offers opinions for which he is not qualified; makes unsupported claims about his 

methods; fails to reliably apply to methods to the facts; and uses undefined and vague 

terms to convey his opinions, rendering his opinions unreliable and unhelpful to the jury. 

6. Julie Panko is a Principal Scientist at ToxStrategies, Inc., and a Certified 

Industrial Hygienist. Ms. Panko opines on the cumulative exposures suffered by the 

Plaintiffs to TCE and VC, and she calculates individual characterized risk for each 

Plaintiff. Ms. Panko’s opinions should be excluded as unreliable because her opinions are 

based on the incorrect assumption that no exposures to these chemicals occurred prior to 

1993. She agreed that her calculations would be inaccurate if exposures had occurred 

prior to 1993, and since they did, her opinions will not assist the jury in understanding 

the evidence. 

7. Richard Lewis, Ph.D., P.E., offers numerous opinions relating to the 

investigation, remediation and remaining risks posed by the Defendants’ contamination 

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in Andrews. Dr. Lewis. Opinions regarding vapor mitigation systems installed in 

Andrews should be excluded because they are based on incomplete data and inaccurate 

assumptions; therefore his opinions are unreliable. The other challenged opinions should 

be excluded because they are either rebuttals to strawman arguments unrelated to Dr. 

Wells’ actual opinions, or they consist of improper legal argument. 

WHEREFORE, Plaintiffs request this Court enter an order excluding the expert 

testimony of Defendants’ above-specified experts. 

 Respectfully submitted, 

 /s/ Thomas A. Barnard 

 Thomas A. Barnard, Attorney No. 4011–49 

 Rodney L. Michael, Jr., Attorney No. 23681–49 

 Benjamin A. Wolowski, Attorney No. 33733–49 

 TAFT STETTINIUS & HOLLISTER LLP 

 One Indiana Square, Suite 3500 

 Indianapolis, Indiana 46204 

 Telephone: 317-713-3500 

 Fax: 317-713-3699 

 Attorneys for the Plaintiffs 

 

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73330997v1 

CERTIFICATE OF SERVICE 

 The undersigned hereby certifies that on April 14, 2022, a copy of the foregoing 

was electronically filed with the Clerk of Court using the CM/ECF system, which sent 

notification of such filing to all counsel of record. The undersigned also certifies that a 

copy of the foregoing was sent via U.S. Mail, postage pre-paid, to: 

Andrews Dairy Store, Inc. 

c/o Michael Burton 

138 Snowden Street 

Andrews, IN, 46702 

 /s/ Thomas A. Barnard 

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