On June 06, 2007 a Letter,Correspondence was filed involving a dispute between Castagna, Louis, and Advocate Mines Limited, Albay Construction Company, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, American Conference Of Governmental Industrial, American Conference Of Governmental Industrial Hyg, American Standard, Inc., Ameron International Corporation, A.O. Smith Corporation, Asbestos Defendants, Asbestos Manufacturing Company, Auto Friction Corporation, Auto Specialties Manufacturing Company, Baugh Construction Company, Bechtel Corporation, Bell Asbestos Mines Ltd., Borgwarner Morse Tec, Inc., Brassbestos Brake Lining Company, Bridgestone Firestone North American Tire, Llc, Briggs & Stratton Corporation, Bucyrus International, Inc., Caterpillar Inc., Cbs Corporation, A Delaware Corporation, Chevron Products Company, Chevron U.S.A. Inc., Chicago Bridge & Iron Company,, Chrysler Llc Fka Daimlerchrysler Company Llc,, Conocophillips Company, Consolidated Insulation, Inc., Contra Costa Electric, Inc., Copeland Corporation, Copeland Corporation, Llc Fka Copeland Corporation, Crane Co., Csk Auto, Inc., Daimlerchrysler Company Llc, Formerly Known As, Daimlerchrysler Corporation, Dana Corporation, Dillingham Construction N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., Durametallic Corporation, Eaton Corporation, Eaton Electrical Inc., Elliott Company,, Elliott Turbomachinery Co., Inc., Emsco Asbestos Company, Fibre & Metal Products Company, Fibre & Metal Products Company, Inc., Fisher Controls International Llc, Fmc Corporation, Fmc Corporation-Chicago Pump, Forcee Manufacturing Corp., Ford Motor Company, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, Gate City Plumbing & Heating, Gatke Corporation, General Electric Company, General Motors Corporation, Genuine Parts Co., Genuine Parts Company, Henry Vogt Machine Co., H. Krasne Manufacturing Company, Honeywell International Inc.,, Hopeman Brothers, Inc., Imo Industries Inc., Ingersoll-Rand Company, Interlake Steamship Co., Johnson Controls, Inc., J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Lamons Gasket Company, Landsea Holding Company, Lasco Brake Products, Lear Siegler Diversified Holdings Corp., Lindstrom & King Co., Inc., L.J. Miley Company, Maremont Corporation, Metropolitan Life Insurance Company, Molded Industrial Friction Corporation, Morton International, Inc., National Automotive Parts Association, National Transport Supply, Inc., Nibco Inc., Oakfabco, Inc., Owens-Illinois, Inc., Paccar Inc., Pacific Gas & Electric Company, Pacific Mechanical Corporation, Parker-Hannifin Corp., Performance Mechanical, Inc., Plant Insulation Company, Pneumo Abex Llc, Quintec Industries, Inc., Rapid-American Corporation, Red-White Valve Corporation, Republic Supply Company, Riley Power Inc., Riley Power, Inc., Erroneously Sued As Babcock, Riteset Manufacturing Company, Rockwell Automation, Inc., Rossendale-Ruboil Company, Santa Fe Braun, Inc., Schlage Lock Company, Scott Co. Of California,, Sequoia Ventures Inc., Shell Oil Company, Silver Line Products, Inc., Southern Friction Materials Company, Special Electric Company, Inc., Special Materials, Inc.-Wisconsin, Standard Motor Products, Inc., Standco, Inc, Sta-Rite Industries, Llc, Stuart-Western, Inc., Swinerton Builders Fka Swinerton & Walberg Co., Taco, Inc., Temporary Plant Cleaners, Inc., Terry Corporation Of Connecticut, Terry Steam Turbine Co., The Budd Company, The Dow Chemical Company, The Industrial Maintenance Engineering Contracting, The William Powell Company, Thomas Dee Engineering Company, Timec Company, Inc., Tosco Refining Company, Inc., Trane Us, Inc., Triple A Machine Shop, Inc., Tyco International, Underwriters Laboratories, Inc., Uniroyal Holding, Inc., Universal Friction Materials Company, Unocal Corporation, U.S. Spring & Bumper Company, Warren Pumps, Llc, Wheeling Brake Block Manufacturing Company, Yarway Corporation, Zurn Industries, Llc, Formerly Known As Zurn, for civil in the District Court of San Francisco County.
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ID vw LANKFORD CRAWFORD MORENO LLP ATTORNEYS ATLAW A PAUL V. LANKFORD (State Bar No, 181506) PAUL LANNUS (State Bar No. 192551) LANKFORD CRAWFORD MORENO LLP 1850 Mt. Diablo Blvd., Suite 600 Walnut Creek CA 94596 Telephone: 925.300.3520 Facsimile: 925.300.3386 Attorneys for Defendant FORD MOTOR COMPANY ELECTRONICALLY FILED Superior Court of California, County of San Francisco JAN 12 2011 Clerk of the Court BY: ALISON AGBAY Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO SAMUEL LEAL, *Plaintiff, v. ASBESTOS DEFENDANTS (BP), Defendants. LOUIS CASTAGNA, Plaintiff, v. ASBESTOS DEFENDANTS (B+P), ASBESTOS BRAYTON GROUP 536 Case No, CGC-08-274807 Case No. CGC-07-274230 DECLARATION OF PAUL LANNUS IN SUPPORT OF DEFENDANT FORD MOTOR COMPANY’S MOTION IN LimINE To Exciupe THe “E.A. MARTIN LETTER” Defendants. AND TO PREVENT ARGUMENT OR REFERENCE To THE “E.A. MARTIN LETTER” DuRING TRIAL [MIL #11] ° The use of the term “plaintiff” as used herein refers to the plaintiff in a personal injury action and the decedent in a wrongful death action; and the use of “plaintiff” shall refer to both plaintiff in the singular and plural, as appropriate, -f-LANKFORD CRAWFORD MORENO LLP ATTORNEYS ATLAW GARY COATES, Plaintiff, v. ASBESTOS DEFENDANTS (BP), Defendants. CLEM FITZHUGH, Plaintiff, v. ASBESTOS DEFENDANTS (BP), Defendants. Case No. CGC-08-274784 Cass No. CGC-08-274645 DECLARATION OF PAUL LANNUS IN SUPPORT OF DEFENDANT Forp Motor ComPAany’s Motion IN LiMINe TO EXCLUDE THE “E.A. MARTIN LETTER” AND TO PREVENT ARGUMENT OR REFERENCE TO THE “E.A, MARTIN LETTER” DURING TRIAL [MIL #11] A28 LANKFORD CRAWFORD MORENO LLP ANTORNEYS at LAW 1, PAUL LANNUS, declare as follows: 1. Jam a member of the State Bar of California and an attorney with LANKFORD CRAWFORD MORENO LLP, counsel of record for Defendant in the above action. I have personal knowledge of the facts set forth in this declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. Attached hereto as Exhibit A is a true and correct copy of a purported September 12, 1966, letter from E.A. Martin, the Director of Purchasing for The Bendix Corporation’s Troy, New York plant, to Noel W. Hendry, the General Sales Manager of Canadian Johns-Manville Asbestos Ltd. (“E.A. Martin letter”). 3. Attached hereto as Exhibit B is a true and correct copy of a September 10, 1966, Chemical Week article entitled “ASBESTOS: Awaiting ‘Trial.” 4. Attached hereto as Exhibit C is a true and correct copy of the October 8, 1966, Letter to the Editor section of Chemical Week where the statement: “Chemical Week is pleased to set the record straight. Some of those interviewed apparently drew unwarranted conclusions from insufficient and dubious data.” was issued. 5. Attached-hereto as Exhibit D is a true and correct copy of Noel W. Hendry’s response letter to E.A. Martin. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 2" day of December 2010 at Walnut Creek, California. > Pr PAUL LANNUS -2- DECLARATION OF PAUL LANNUS IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE THE “EA. MARTIN LETTER” AND TO PREVEN? ARGUMENT OR REFERENCE TO THE “EA, MARTIN LETTER” DURING TRIAL, {MIL #11}EXHIBIT A EXHIBIT A~ . Septenber 12, 1966 Hr. Boel Hendry Canadian Johns Manville co. Ltd. Asbestos, Quebec Canada Dear Boek _ gust to be sure you have & copy, an article thet appeared in Chemical Week magazine is dnelosed. : Asbestos i not the enly eontaminat ¢o4, $o that you'll know that & DB Reporter agsesia share of the _a second article from 0.P. Dlame on trees. oblem is: if you have enjoyed a good lite Hy answer to the Br products why not die frem it.. There's while working with asbestos got te be some cause, Director Of Purchases E. A. Martin BAMIBACEXHIBIT B EXHIBIT BTaking Giant Steps Jue chemicel procet compaake took giant sept yowasd diversifying qctanogtaphy Seid Lat werk, aper companics “with com- Sof nearty $i billiea/year + bined reached 8 Tegtative agreement 0 , eOCTES. . G) Bendix is quiring for ae mock Marine Adv fa Bik Call), produc af ocolostephi wisencau for perokwm pompanics state and foders? ang Gers engaged in ish prem. 2) Fiuae Corp, Los ‘Angeles? "ghd BLL. MePastand and Aneciates {Fon Werh sed Midhad, Tex) group of Sve companies involves in slshors and onshore driling opere fons, have agreed to merge, subject to soskholden’ xpprovel The Me~ Farland group aperste Ber offshore deilfing rigs in the Gull of Mesio. Q) A entative agreement tc merge fas been reached by US. Piywood Corp. (ew Yerk} and Champion Papert, Inc, CHamilsan, O.). ich rub ject to both direcsors’ and nockhold- eri’ approval. The eacporsie Wentides of bith sompanics wit] be present. Reducing Gas Rates The Federal Power Commission: has. ordered Bi Pasa Natural Ges Co. and Yrancwenern Fipetine Co. to reduce by S17 millionsyear the price of Bar tural gut in the acothern Californis zarket, ‘The rate oat mera frem the oly 26 derision in which FRC twned down the application of Gulf Pacific. Pipeline Co. fa Tennreo subsidiary? to supply gut te the Los Angeles area (OW, Aug. 6 3. 20}. Gulf Pacihe Yeu week Sicé for a sehewiog. ties slowsace. FPO hay given the compenies 45 days te thew cause WhY the reduction. thould not take place ‘Sources of alruore asbestos ‘Asbestoslined ducts used in.cantrally air-conditioned uiidings. Asbestos ducts and Insulation in home central-heating plants. Motor vehicle brake linings and lutch plates. Auta undercostings. Asbestos calling and floor Ules. Asbestos shingles snd sidings. Construction and demolition Fitting, eutting, and removing asbestos-filied wallboards and . feorings, piping and Insulstien, taetnerstion of arbestos-Glled scrap. Improperly filtered affluent from asbestos processing plants. xp. H could come ix the forms of feders! tegistation Uraiting the me of agbortot, beesuse ebastos has bees c+ qused—ahough sat yet *eoarricted™o— we a denthesot bealth harard. Probe ible contender foc acbestos market Recent siudies have cnavineed U.S. Public Health Service specials and ther medical authorities thet about 40% of all Americans have saiid, chronie caset of ssbestouk, even micron atbestes Sbers is his tung: ca come Troms fe wariery of sources (rable, above). And medical experu cay there's 0 1 eonuest BZ CHEMICAL WEEK Seotember 10, 1966 tEXHIBIT C EXHIBIT CTo wwe Eorron: The aricte tiled “Asbestos: Awaiting “Trisi™” CW, sep, 20, . 323 sonsauns many inte- eurstios. which have ied to SeraRCOUS aswaynions and fale conciusdns, Bricily, the {acu age thess: {i} Asbestor is a uniquely uscful product serving she nweds af modeta tan and society, and kt is apt likely 3a be replaced hy econcmicaliy feasibhy syatketie paiymers, ov anyshing else, ins the forcmently future. + {3} No pubtished rsporcs, even the MOK speculative, support the general ed atatements in your artch: regard: ing health efforts of passinte expesure to asbestos, $8) There ia wo basis for the sugpos * Bon thar Congtess “tay aft” regards ing adbesues use, for ae such propossis art being considered by Congress. We ate informed that the congressman quoted a1 peedieing action disclaims any Saowledge af hovkh evidence raining to asbenos ot of proposals 8 conuot its use. 66) No evidenss atin te show that asbestts posts kesleh tisks for the gen eral pueblic ar to show drat even 12% of American: have “mild chrome asbestosis.” muuch fess the 4095 figure you give an your article, . (8) Regarding your Hist of “sources of merbarne ssbestas.” there are fo ‘Gaia to suppodt dhe contention in your ‘Giticie that che “maa on the strest™ is setpored te asheas from these sources, ‘of indeed that these squcces contribute asbeatas to the ambient sir. {6] We tnow of no dare to support your claim af % sixfold incenzse in 20 called “ashestorreiaied eances.” As you Coubtiess eualize, the proper conduct of cur Susineas requires us 0 ‘Keep abveast of seigntific developmonis regarding asossies. bain medical and technical Ia it cur opinion that syne whic polymers are agt Tikely ia the foresesadic igure t@ completely rey place ashastes ia tte many appheatons tor witch « n saw used. aay sye> thetes would have to prove superior to eauwral arbestas and be eccnomical- ty competitive. As to bealth aspects, in Fane of this” year the US. Surgeon Generel ap- peared before the Sensis Public Works Subcomarittse on Ait and Water Pols fution, with Ssnater Edmund Muskiy of Maine as chawman, 1@ discuss war~ ious problems celating t@ air-poliution abarcavest, Surgeon General Willinr Stewart enumerated & nuenher of xybe Ranees in common use, inshediog plastica and asbestos. about which he said: “The public bextth Aazards that may arise from there aspects of on vironmental contamination have pot doen adequarcly documented. fn exch instance further investigation 1 acoded 1 determine winether health is indesdt theeatened and what control measures may be necessury.” to these days when aff subsiances wh our air and water sed even the food we eat are comtantly under aerutiny, a3 00 their effects on the pub- fie, she face that asbestos os acnong the subpeots of investigation us met surpeis ing. to fact, we howe atways peppered and wilh continues to support investiga Hans by the US. Public ‘Health Service “and ether teteazch mentises. Rocks Hackney Vice-President Iobos-Manvitle Core. New York we THE Eorton: in reference to aricte, “Asbestos: Awaning Par (Sept. 10, @. 32), we kaow of no scientific evidence supporting the statement that “40% of aff Aciet icans have mild, chronic caver of asbestouis.” Even in the asbestos industry, where mare is known about exponurt levels CH weloomer expressions of opinion {rom seaders. The only requirements: that they be poe> neat, 1 bed us. pesthie, Address alt correspondence to: H.C. & Johesan, Chemiot Week, 330 West 2nd Se. New York. MY. 10034. thas xbe general population. ~ the health effects of exponure to ar bests, ‘With dhe cooperation of tsbor and induttry, the Division of Occupational Health has under way 3 long-range, for the safe handling and mancdacrure of asbesios, in tne mtastome, rows ihe auasiog wil eEtunES ie Fr9: the spplicsuon of knows. sonra. faetheds $0 that tie werkmacs ro be Acpi as Reaithy as posaitic. Munaay C, Brown, MO Cher Orvisten of Occupanonsi Baska Department of Heath, Zoueziion & Weitere "Public Health Service Washidgton, D.C CW & picascd ta set the record araight, Some of shose imeriewed aaporenily déew unwarranted eonclee sons prem insufigienr ead dubious date ED, MEETINGS Aan of Oiheiat Analyt Chemis, anoval mnbcting, Twin Badges Sarat Maer Hotel, Wasbington. Dt. Oct G03, Techaieen inemadonal sympasion on autemmtion in saaiyieal chemistry, Stat intsiiton Raid, Now York, Ora 37-19, Deug, Chemical 3 Allied Teader assn. | Commetcist Chemical Development Asie. ican of packsging, Drake Hotel, Chieage, Ont, 26.28, Natioaat asa, of Purchasing apeoes Chemiest Geove. aenuat fall enaference. oo Pace Hotel, Chisage, Oct. Paregiat Deeg ion, Saterday Hacc Ne New York, Now, 1-4, Feniliace iadusery roundtable cone itrence, Mayfewer Houl, Washingwos, DK, Now, 24, ‘The Society of the Plastics Iadussey, ith plasued Sim, SabriegEXHIBIT D EXHIBIT D@ axxo Johns-Manville Asbestos nacre - Us ASBESTOS FISRE OIVISION P.O, BOX 100 ~ ASBESTOS, QUESEC ~ TELEPHONE. 879.5431 : Br. £. &. Martin, Biveerer of Purchases, ‘The Sendix Corporation, Marshall Eclipse Division, TROY, Sew York 12261. Sear Eonde: . : ‘Thank you for the article on Asbestos from Cheatesi Week; yours ves the 10ist : . copy I received. Rovever, I had not sean the one on “Trees” and this Latter . calmed cy nerves. i suopese ve have to bear with people whe have nothing better te 4o then erzace Siars, but ve are mot alarmed and we dive and sleep wits the stuf, You wilt be interested to know that Chemical ¥eek will print a retraction of the article and the U.S. Public Sealth Service is nad because they have been misquoted. Beoresentarive Robert Watkins claims he needs the votes end asbestos : : “as a2 handily vehicle. Anyway good health and best wishes. tours sincerely, VHB, RERDRY, General Sales Hanacer ARR tbh