Judgment: NANCY MARIE SCOTT et al VS. AC AND S, INC. et al

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ELECTRONICALLY

FILED

Stephen M. Fishback (State Bar No. 191646) Superior Court of California,
Daniel L. Keller (State Bar No. Ie 31 5063) County of San Francisco
Katherine Y. Wang (State Bar No.
KELLER, FISHBACK & JACKSON LLP JUN 05 2007
98720 Roadside Drive, Suite 201 GORDON PARK-LI, Cletk
Agoura Hills, CA 91201 BY: VANESSA wu

eputy Cle

Telephone: 818.879.8033
Facsimile: 818.292.8891

Attomeys for Plaintiffs

SUPERIOR COURT OF THE STATE OF CALIFORMIA
CITY AND COUNTY OF SAN FRANCISCO

NANCY MARIE SCOTT, Individually and =| Case No. 443236
Successor-in-Interest to DENZIL SCOTT,

Decedent; JOANNE MARIE WOLFARTH;

MICHAEL GERALD SCOTT, ROBERT

DAVID SCOTT; THOMAS CARY SCOTT;

MARIE DENISE SOBOLIK,
DECLARATION OF CHARLES AY IN
Plaintiffs, SUPPORT OF OPPOSITION TO SUMMARY
YS. JLDGMENT MOTION BY A.W.

CHESTERTON COMPANY
AC AND S,INC., et al.,
Date: June 15, 2007
Time: 9:30 a.m.
Depi.: 302, Hon. Patrick Mahoney
Defendants. Trial Date: July 16, 2007

I, Charles Ay, declare:

l. I am over the age of eighteen years old and not a party io the above-referenced
action. The information stated herein is true to my own personal knowledge, and if called upon as
a witness to testify, 1 could and would testify to the following facts,

2. J have been designated as an expert witness in numerous asbestos-related lawsuits to
testify to the application, uses and removal of asbestos-containing products, including, but not

limited to, asbestos-containing products regularly found in industrial and coramercial settings.

DECLARATION OF CHARLES AY IN St:PPORT OF PLAINTIFFS’ OPOSITION TO SUMMARY JUBGMENT MOTION BY 4.¥. CHEST EXTON
COMPANY PAGE

dpoeo 20 LO Unt' 3. Since approximately 1987, I have been the vice-president and primary consultant
2 | regarding asbestos materials for Asbestos Detection Co., Inc.,a consulting company who
| specializes in the inspection of residential, cormmercial and industrial properties for the presence of

asbestos materials.
4 Over the past 25+ years as an asbestos materials consultant, | have received

3
4
3
6 || extensive training in haw to identify various asbestos materials, and also understand how persons
7 | may be exposed to such materials in various occupational and para-occupational settings. My
8

training includes the following state licenses and national certifications regarding asbestos

9 || materials testing and analysi
«National Institute of Safety and Health NIOSH”) certification course regarding
asbestos detection and removal methods

i «U.S. Environmental Protection Agency (“EPA”) certification regarding asbestos

° detection and removal methods
4! «State of California certified asbestos consultant
s » EP.A. certification training regarding asbestos bulk sampling and air sampling
6 analysis

«USS. Navy — training regarding asbestos identification and removal
v i 5. _ In addition to my extensive certification and training courses, ! have spent years
"5 |  samiliasizing myself with the various uses of asbestos in commercial and industrial products so as
9 Tso understand the circumstances as to now and when an individual may be at risk for exposure to
70 || asbestos in a workplace-ar houschold setting, In this capacity, I have performed consulting for
211] hundreds of private companies, government agencies, and even testified as an asbestos materials
22 |) consultant before the U.S. Congress.
23 6. Over the past 15 years, [ have been qualified as an expert witness in over 100
24

asbestos-related injury cases in San Francisco Superior Court, Alameda Superior Court and Los
25 \{ Angeles Superior Court. The subject of my expert testimony had included the assessment of a

26 || plaintiff/decedent’s exposure to various asbestos-containing products; including thermal insulation.
27 |} materials, drywall and joint compound materials, friction materials, gaskets and packing materials;
2g || and asbestos insulated wire and cable materials.

{] DecuRaTiow oF CHARLES Av INSUPEGRT OF FLAINTIFFS OPPOSITION TO SUMMARY JUDGMENT SOTION BY AM, CHESTERTON
 cowpany mace!

gd drag0 20 10 unr7 J have personally handled asbestos insulated wire/cable on U.S. Navy vessels, and
have reviewed numerous depositions of electricians who have installed, removed and disturbed

asbestos packing in valves on U.S. Navy ships. have reviewed U.S. Navy specifications and

performed numerous inspections of U.S. Navy vessels where asbestos packing was present. From
|| nis information, as well as my own testing and analysis of valve packing, T understand that
asbestos was used in valve packing on U.S. Navy vessels in the 50’s, 60’s and 70’s.

8. have reviewed the Declaration of Howard Scott which was filed in support of
plaintiffs" opposition to A.W. Chesteston Company’s summary judgment motion in the above-
referenced casc. The A.W. Chesterton packing identified by Howard Scott is more likely than not
asbestos-containing. Based on Howard Scott's description of decedent, DENZS1. SCOTT being
11 || present and breathing in dust when A.W. Chesterton packing material was cut and stuffed into
12|| conduit, it is my expert opinion that DENZIL SCOTT was more likely than not exposed to
13 |! tespirable asbestos fibers released from asbestes-containing materials from A.W. Chesterton
"packing materials when he worked as an electrician at Hunter’s Point Naval Shipyard in the 1960°s

Dew aueun

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and early 1970's.
I declare under the penalty of perjury under the laws of the State of California that the
above is true and correct. Executed on June__J 2007, in Tustin, Cali

19 ‘Charles Ay

DECLARATION OF CTIARLES AY If SUPPORT OF PEAINTIFFS' OPPOSITION 70 SUMMARY JUDGMENT MOTION BY A.W, CHESTERTON
BY costpany once "

“a

dgargo 20 Lo unrPROOF OF SERVICE

Case: Nancy Marie Scott, et al. v. ACandS, Inc., et al.
San Francisco Superior Court Case No.: 443236

Iam over the age of cighteen years and am employed in the county of Los Angeles, state of
California, Tam employed at KELLER, FISHBACK & JACKSON LLP, a law firm with
principals who are members of the Bar of the state of California, and I made the service referred t
‘below at their direction. My business address is 28720 Roadside Drive, Suite 201, Agoura liills,
CA 91301.

On June 5, 2007, I served (a) true copyties) of:

DECLARATION OF CHARLES AY IN SUPPORT OF OPPOSITION TO SUMMARY
JUDGMENT MOTION BY A.W. CHESTERTON COMPANY

[x] | VIA ELECTRONIC SERVICE at Lexis Nexis File and Serve pursuant to CCP
§1010.6, CRC 2060, and San Francisco Superior Court Amended Asbestos General Order
Number 158 by transmitting completely and without error the same via electronic mail through
approved vendor to the party(ies) listed below.

Prindle, Decker & Amaro
369 Pine Street, Suite 800
San Francisco, CA, 94104

Thave prepared the copy(ies) and/or the envelope(s) containing the copy(ies) to be served
in accordance with the manner described above for delivery in accordance with normal practices.
I further certify that I am fully familiar with the regular business practices of KELLER,
FISHBACK & JACKSON LLP and I know the firm's procedures to be safe and reliable for
delivery of said document(s) as described above.

| certify under penalty of perjury, under the laws of the state of California and the United

States of America, that the foregoing is truc and correct.
Yoh Yc

Executed on June 5, 2007 at Agoura Hills, Califomia,