Exhibit,Appendix: RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al

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DANPS/i085195/10108807v.1

ROGER M. MANSUKHANI (SBN: 164463)
STEVEN SOBEL (SBN: 177210)

MITCHELL B. MALACHOWSKI (SBN: 245595) ELECTRONICALLY

GORDON & REES LLP

101 West Broadway, Suite 2000
San Diego, CA 92101

Phone: (619) 696-6700

Fax: (619) 696-7124

Attorneys for Defendant
PACIFIC SCIENTIFIC CO.

FILED

Superior Court of California,
County of San Francisco

JUL 11 2011

Clerk of the Court
BY: WILLIAM TRUPEK
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

CIVIC CENTER COURTHOUSE

RODRICK BRECKLER and
JOANN BRECKLER,

Plaintiffs,
vs.

ASBESTOS DEFENDANTS (B¢P) As
Reflected on Exhibits B, B-1, C, H, L, and

DOES 1-8500; and SEE ATTACHED LIST.

CASE NO. CGC-08-274566

EHIBIT A, PART 3, TO DECLARATION
OF MITCHELL B. MALACHOWSKI IN
SUPPORT OF DEFENDANT PACIFIC
SCIENTIFIC, CO.’S MOTION IN
LIMINE TO EXCLUDE IRRELEVANT
POST-OWNERSHIP INFORMATION
AND CONDUCT [MIL #2 of 29]

Filed and served concurrently with
Motion in Limine to Exciude Irrelevant
Post-Ownership Information and Conduct
[MIL #2 of 29]

Filing date: March 12, 2008
Trial date: July 11, 2011

Ne ee i ee el Ne ae ae ae

ote

EXHIBITS TO DECLARATION OF MITCHELL 8. MALACHOWSKI ISO MOTION IN LIMINE TO
EXCLUDE IRRELEVANT POST-OWNERSHIP INFORMATION AND CONDUCT [MIL #2 of 29}| MARRAKESH COUNRTY CLUB
MARRIOTT CORPORATION

MARTIN MARIETTA
TECHNOLOGIES, CORP.

=m

MARY E. STEBBINS TRUST

MARYMOUNT ACADEMY,
INCORPORATED

MCCLATCHY NEWSPAPERS, INC.

oO UN KDA Rw

MCDONNELL DOUGLAS CORPORATION

Ss

11 | MILLER BREWING COMPANY

MOORE DRY DOCK CO.

14
NABISCO, INC.

NARVEN ENTERPRISES, INC.
NESTLE USA, INC,

22 || NEW VICI, INC.

NORTHROP GRUMMAN CORPORATION

OCEAN SHORE IRON WORKS

28

MARRAKESH GOLF CLUB
STANFORD COURT HOTEL

MARTIN MARIETTA CARBON, INC.
WATSON CARBON & CHEMICAL CO.
HARVEY ALUMINUM OF AMERICA
HARVEY ALUMINUM, INC.

FLOOD BLDG.

MARYMOUNT SCHOOL OF SANTA BARBARA

THE SACRAMENTO BEE

DOUGLAS AIRCRAFT COMPANY
BOEING NORTH AMERICAN, INC,
CONSOLIDATED AIRCRAFT

PABST BREWING CO.
HAMM'S BREWING CO.

MOORE SECURITIES CO.
MOORE DRY DOCK
SCHNITZER STEEL INDUSTRIES, INC.

RJR NABISCO, INC.
NABISCO BRANDS, INC.
PLANTER’S PEANUTS,

EL CORTEZ HOTEL

NESTLE BEVERAGE COMPANY

NESTLE USA-BEVERAGE DIVISION, INC.
CHASE & SANBORN,

HILLS BROTHERS COFFEE, INC.
NESTLE FOOD COMPANY

CARNATION COMPANY

CONTADINA FOODS

C. F, SERVICES, INC.

VINTNERS INTERNATIONAL COMPANY, INC.
PAUL MASSON, INC.

NORTHROP CORPORATION

JOHSUA HENDY CORPORATION
CALIFORNIA SHIPBUILDING CORPORATION
JOSHUA HENDY IRON WORKS

GRUMMAN AEROSPACE CORPORATION

OCEAN SHORE CONTROL CO., INC.

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PACIFIC SHIP REPAIR, INC.
PEPPERWOOD CORPORATION
PHILLIPS PETROLEUM COMPANY

THE PILLSBURY COMPANY

12 | PIONEER CARPET MILLS, INC.

19
THE PROCTER & GAMBLE
20 || MANUFACTURING COMPANY

21 || THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA

22
REGAL HOTEL MANAGEMENT, ENC.

REXAM BEVERAGE CAN COMPANY

24
ROMAN CATHOLIC BISHOP LA
25 & ROMAN SD

26 || SAINT AGNES MEDICAL CENTER

27 | SAN DIEGO GAS & ELECTRIC
28 COMPANY

COASTAL WEST VENTURIER, INC.
COASTAL CORP.

SEQUOIA REFINING

PACIFIC REFINING CORP.

RADAWA MAINTENANCE COMPANY
MARINSHIP CORPORATION

PHILLIPS 66

GETTY OIL

TIDEWATER OIL COMPANY

TIDEWATER ASSOCIATED OIL COMPANY
LYON OIL COMPANY

AVON OIL COMPANY

DRILLING SPECIALTIES CO.

AMINOIL USA INC

BURMAH OIL

PROGRESSO FOODS COMPANY
TILLIE LEWIS FOODS

FOX SAN FRANCISCO PLAZA CORPORATION
SOUTHWEST AMUSEMENT CORPORATION
OXNARD IMPORT CARS, INC.

GENERAL RECORDS CORPORATION

ONE PLAZA CORPORATION

N.T. & T., INC.

SOUTHWEST THEATRE CORPORATION
SAN JOAQUIN THEATRE CORPORATION
NORTHERN CALIFORNIA PROPERTIES, INC.
SOCAL PROPERTIES CORPORATION
CENTRAL CALIFORNIA PROPERTIES, INC.
EAST BAY PROPERTIES, INC.
MID-CALIFORNIA PROPERTIES, INC.

NINE SEVENTY CORPORATION

PROCTER & GAMBLE COMPANY
BUNKER HILL TOWERS

REGAL BILTMORE HOTEL
AMERICAN NATIONAL CAN COMPANY
GUADALUPE SCHOOL

NORTHSIDE PROFESSIONAL BUILDING

SAN DIEGO GAS COMPANY
SAN DIEGO GAS & ELECTRIC LIGHT COMPANY
SAN DIEGO CONSOLIDATED GAS &

ELECTRIC COMPANY

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SAUGUS'STATION
SBC HOLDINGS, INC.

SHELL OIL COMPANY

THE SHORENSTEIN CO.
SIMPSON PAPER COMPANY

SIX CONTINENTS HOTELS, INC.

SMITH INTERNATIONAL
SOUTH AMERICA, INC.

SMURFIT NEWSPRINT CORPORATION

SOUTHERN CALIFORNIA EDISON
COMPANY

SOUTHERN CALIFORNIA
WATER COMPANY

SOUTHWEST MARINE, INC.

SPENGERS FISH GROTTO

STATE FARM GENERAL
INSURANCE COMPANY

STERLING WINTHROP, INC.

SUMMIT MEDICAL CENTER

SUNSET HOMES, INC.
ue

THATCHER GLASS CORP.

THE STROH BREWERY COMPANY, INC.
THE STROH PRODUCTS COMPANY
JOSEPH SCHLITZ BREWING COMPANY
JOS. SCHLITZ BREWING COMPANY
SCHLITZ BREWERY

SHELL UNION OIL CORPORATION
SHELL CHEMICAL CO.

SHELL DEVELOPMENT CO.

SHELL COMPANY OF CALIFORNIA.

FREMONT CENTER

HUMBOLDT BAY PULP COMPANY
SIMPSON LEE PAPER COMPANY
CROWN SIMPSON CORP.

BRISTOL HOTEL COMPANY
BRISTOL HOTEL ASSET COMPANY
HOLIDAY ENNS, INC.

BASS HOTELS & RESORTS, INC.
SMITH TOOL COMPANY, INC.
PUBLISHER'S PAPER CO.
PUBLISHER'S FOREST PRODUCTS OF CALIFORNIA
SCOTT LUMBER COMPANY

EDISON INTERNATIONAL
REDONDO BEACH POWERHOUSE

ARDEN-CORDOVA WATER COMPANY
SOUTHWEST MARINE OF SAN FRANCISCO, INC.
SOUTH BAY BOAT YARD, INC.

NORTHWEST MARINE, INC. (Oregon)
SPANGERS-BERKELEY

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

STERLING DRUG, INC.
WINTHROP LABORATORIES, INC.

MERRITT HOSPITAL
PROVIDENCE HOSPITAL

SUNSET DEVELOPMENT

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SUNVALLEY ASSOCIATES, a
Calfiornia general partnership

SUN SHIP, INC.
TENET HEALTHSYSTEM
HOSPIFALS, INC.
TEXACO REFINING & MARKETING, INC,

THEODORE KOOPMAN, ET AL
THRIFT LODGE

TIG PREMIER INSURANCE
COMPANY

TITLE INSURANCE AND
GUARANTY COMPANY
TODD SHIPYARDS CORPORATION

| TODD PACIFIC SHIPYARDS
CORPORATION

} TOSCO CORPORATION

TRI-VALLEY GROWERS

TRW INC.

‘TRIZECHAHN CENTERS, INC.
TYCO INTERNATIONAL (PA) INC.
ULTRAMAR INC,

UNION BANK
Ht

SUNVALLEY ASSOCIATES LIMITED
PARTNERSHIP

SUNVALLEY, a general parntership

SUN VALLEY MALL

SUN SHIPBUILDING AND DRY DOCK COMPANY
SUN SHIPBUILDING COMPANY

TENET HEALTHCARE CORP.
MEDICAL ARTS BUILDING

TEXACO, INC.

TEXACO USA

THE TEXAS COMPANY

THE TEXAS CORPORATION
TIDEWATER OIL COMPANY
ASSOCIATED OIL COMPANY

GETTY OIL

FOUR STAR OIL AND GAS COMPANY
MOHAWK REFINERY

LONG BEACH CONVENTION CENTER

INDIO MOTEL, INC.
THUNDERBIRD MOTOR LODGE

TRANSAMERICA PREMIER INSURANCE
COMPANY
PREMIER INSURANCE COMPANY

WESTERN TITLE INSURANCE COMPANY

TODD PACIFIC SHIPYARDS CORPORATION
TODD SHIPYARDS CORPORATION
THE OIL SHALE CORPORATION
TOSCO REFINING COMPANY

TRI VALLEY CANNERY
THOMPSON-RAMO-WOOLRIDGE
ERNEST HAHN

RAYCHEM CORPORATION
BEACON OIL COMPANY
CAMINOL COMPANY

THE CAMINOL COMPANY, LTD.

CALIFORNIA FIRST BANK

93
©@BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.

Copyright 2003 Brayton “PurcellUNION PACIFIC RESOURCES
COMPANY .

UNITED TECHNOLOGIES
CORPORATION

UNIVERSAL STUDIOS, INC.

CoN DH eR eH ON

UNOCAL CORPORATION

.

URBAN PACIFIC PROPERTIES

| USX CORPORATION

|| V.S.S. ENTERPRISES, LLC

|, VACCO INDUSTRIES

VARIAN MEDICAL SYSTEMS, INC.

| UNITED INDUSTRIAL MATERIALS, INC,
|| UNITED INDUSTRIAL SYNDICATE, INC.

CHAMPLIN PETROLEUM

UNITED REFRACTORY & CORROSION PRODUCTS, {NC.
MORGAN ENGINEERING COMPANY

UNITED AIRCRAFT CORPORATION

UNITED AIRCRAFT & TRANSPORT CORPORATION
PRATT & WHITNEY

HAMILTON STANDARD CO,

MCA, INC,
UNIVERSAL CITY STUDIOS, INC.

UNION OIL COMPANY OF CALIFORNIA

UNION OIL CO,

UNION CHEMICAL

COLLIER CARBON & CHEMICAL CORPORATION
R. T. COLLIER

WEST COAST SHIPPING COMPANY

OPERA PLAZA COMMERCIAL MANAGEMENT
OPERA PLAZA
PACIFIC UNION DEVELOPMENT

CONSOLIDATED WESTERN PIPE & STEEL
CONSOLIDATED WESTERN STEEL
CONSOLIDATED STEEL SHIPYARD
WESTERN PIPE & STEEL
CONSOLIDATED SHIPBUILDING CORP.
UNITED STATES STEEL CORPORATION
UNITED STATES STEEL, LLC

U.S. STEEL SUPPLY

U.S. STEEL COMPANY

COLUMBIA STEEL COMPANY
AMERICAN BRIDGE & IRON
CARNEGIE-ILLINOIS STEEL CORPORATION
FEDERAL SHIPBUILDING

AMERICAN TRISTAR

SHOWBOAT HOTEL & CASINO
SHOWBOAT LANES
CASTAWAY HOTEL, CASINO & BOWLING CENTER
VACCO VALVE CO.
VACUUM & AIR COMPONENTS COMPANY
OF AMERICA

VACUBLAST INTERNATIONAL
VACU-BLAST CORPORATION

VALLEJO PLAZA SHOPPING MALL
LARWIN PLAZA

VARIAN ASSOCIATES, INC.

Copyright Purcell

94
SBRAYION®S PURCELL MASTER COMPLAINT FOR PERSONAL INIURY [AND LOSS OF CONSORTIUM} - ASBESTOSWASHINGTON MUTUAL, INC. WASHINGTON MUTUAL BANK, FA

. GREAT WESTERN BANK

GREAT WESTERN CAPITAL CORPORATION
AMERICAN SAVINGS BANK

WELLS FARGO BANK, N.T. & S.A FIRST INTERSTATE BANK OF CALIFORNIA
ATC COMPANY
TRADE & VOCATIONAL CENTER

WESTLAND BAY FAIR MALL L.P. BAY FAIR MALL
BAY FAIR SHOPPING CENTER CORP.
VALLEY-FAIR MALL
VALLEY FAIR MALL

WORLD SAVINGS & LOAN ASSOCIATION MODESTO SAVINGS AND LOAN

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YALE INTERNATIONAL SPRECKELS SUGAR COMPANY, INC.
SPRECKLES INDUSTRIES
10 | SPRECKLES SUGAR CO.
SPRECKLES DEVELOPMENT CO., INC.
Lig: SPRECKLES LAND CO.
MECHANICAL PRODUCTS CO., INC.
12 DUFF-NORTON CO., INC.
- DOMINO SUGAR CORPORATION
13 AMSTAR CORPORATION
AMSTAR SUGAR CORPORATION
14 SI ACQUISITION CORP.
TATE AND LYLE PLC

16 YOLLAND & CO. . YOLLAND MATERIALS COMPANY

YORK INTERNATIONAL CORPORATION YORK OPERATING COMPANY
17 YORK HOLDINGS
YORK HOLDING CORPORATION
18 CENTRAL ENVIRONMENTAL SYSTEMS
BORG-WARNER AIR CONDITIONING, INC.
BORG-WARNER CENTRAL ENVIRONMENTAL
SYSTEMS
20 YORK DIVISION, BORG-WARNER
YORK-LUXAIRE, INC.
21 YORK CORPORATION
YORK ICE MACHINERY
22 YORK MANUFACTURING
FRICK COMPANY

ZURN INDUSTRIES, INC. BUMSTEAD-WOOLFORD COMPANY

25 79. At all times mentioned herein, the PREMISES OWNER/CONTRACTOR
26 | LIABILITY DEFENDANTS, and each of them, respectively, owned, leased, maintained,
27 | managed, and/or controlled the premises listed on Exhibit C where plaintiff was present. The

28 | information provided on Exhibit C is preliminary, based on recall over events covering many

95, 21 Brayton “Purcell
| BRAYTON PURCELL MASTER COMPLAINT FOR PERSONAL INIURY (AND LOSS OF CONSORTIUM] - ASBESTOS:Ce we IN DAH &® YN
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years and further investigation and discovery may produce more reliable information.
Additionally, plaintiff might have been present at these or other PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS’ premises at other locations and on othe!
occasions.

80. Prior to and at said times and places, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them, respectively, caused certain asbestos-containing
insulation, other building materials, products, and toxic substances to be constructed, installed,
maintained, used, supplied, replaced, repaired, and/or removed on each of the aforesaid
respective premises, by their own workers and/or by various unqualified or unskilled contractors,
and caused the release of dangerous quantities of toxic asbestos fibers and other toxic substances
into the ambient air and thereby created a hazardous and unsafe condition to plaintiff and other
persons exposed to said asbestos fibers and toxic substances while present at said premises.

81. At all times mentioned herein, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them, knew or in the exercise of ordinary and ,
reasonable care should have known, that the foregoing conditions and activities created a
dangerous, hazardous, and unsafe condition, and unreasonable risk of harm and personal injury td
plaintiff and other workers or persons so exposed present on each of the aforesaid respective
premises.

82. Atall times relevant herein, plaintiff entered said premises and used or occupied
each of said respective premises as intended and for each of the respective PREMISES OWNER/
CONTRACTOR LIABILITY DEFENDANTS’ benefit and advantage and at each of the
respective PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS' request and
invitation. In so doing, plaintiff was exposed to dangerous quantities of asbestos fibers and other;
toxic substances released into the ambient air by the aforesaid hazardous conditions and activities
managed, maintained, initiated, and/or otherwise created, controlled, or caused by said
PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each of them.
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a

96. © Copyright 2003 Brayton “Purcell
SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} - ASBESTOS:oO mW NY DYN Bw

83. Plaintiff at all times was unaware of the hazardous condition or the risk of
personal injury created by the aforesaid presence and use of asbestos products and materials and
other toxic substances on said premises.

84. Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR,
LIABILITY DEFENDANTS, and each of them, remained in control of the premises where
plaintiff was performing his work.

85. Said PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS
retained control over safety and other related conditions and circumstances at plaintiff's job
site(s) and affirmatively contributed to and exercised, or failed to exercise, that control in a
manner that caused plaintiff's injuries from asbestos-containing products.

86. Atal! times mentioned herein, the PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS owed to plaintiffs and others similarly situated a duty to exercise
ordinary care in the management of such premises so as to avoid exposing workers such as
plaintiff to an unreasonable risk of harm and to avoid causing injury to said person.

87.  Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them, knew, or in the exercise of ordinary and
reasonable care should have known, that the premises that were in their control would be used
without knowledge of, or inspection for, defects or dangerous conditions and that the persons
present and using said premises would not be aware of the aforesaid hazardous conditions to

which they were exposed on the premises.
88. Atal times mentioned herein, said PREMISES OWNER/CONTRACTOR

LIABILITY DEFENDANTS, and each of them, negligently failed to maintain, manage, inspect,
survey, or control said premises, or to abate, or correct, or to warn plaintiff of, the existence of
the aforesaid dangerous conditions and hazards on or about said premises.

89. Prior to and at the times and places aforesaid, said PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each of them, respectively, caused
certain asbestos-containing insulation, other building materials, products, and toxic substances to
be constructed, installed, maintained, used, replaced, repaired and/or removed on each of their

97 i
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY {AND LOSS OF CONSORTIUM] - ASBESTOS| aforesaid respective premises, by their own workers and/or by employing various contractors,

2] and caused the release of, dangerous quantities of toxic asbestos fibers and other toxic substances
3 |] into the ambient air and thereby injured plaintiff.

4 90, At all times mentioned herein, said PREMISES OWNER/CONTRACTOR

5 || LIABILITY DEFENDANTS, and each of them:

6 a. Should have recognized that the work of said contractors would create during
7 || the progress of the work, dangerous, hazardous, and unsafe conditions, which could or would

8 | harm plaintiff and others unless special precautions were taken;

9 b. Knew or had reason to know, that the contractors it had selected and hired to
10 || install, remove, abate, or otherwise handle asbestos-containing materials were unfit, unskilled,
11] unlicenced, or otherwise unqualified to do so;

12 c. Failed to use reasonable care to discover whether the contractors it selected and]
13 || hired to install, remove, abate, or otherwise handle asbestos-containing materials were

14 || competent, or qualified to do so.
15 91. In part, plaintiff was exposed to dangerous asbestos fibers and other toxic

16 |} substances by reason of such contractors’ failure to take the necessary precautions,
17 92. The work of contractors on premises controlled by the PREMISES
18 | OWNER/CONTRACTOR LIABILITY DEFENDANTS created an unsafe premise and an unsafe
19 |} work place by reason of the release of dangerous quantities of toxic substances, including but not
20 f limited to asbestos.

21 } 93. The unsafe premise or work place was created, in part, by the negligent conduct off
22 || the contractors employed by the PREMISES OWNER/CONTRACTOR LIABILITY
23 | DEFENDANTS. Said negligent conduct includes, but is not limited to:

24 | a. | Failure to warn of asbestos and other toxic dusts;
25 db. Failure to suppress the asbestos-containing or toxic dusts;
26 c. Failure to remove the asbestos-containing and toxic dusts through

27 | use of ventilation or appropriate means;

28 ff d/

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. d. Failure to provide adequate breathing protection, i.e., approved
respirators or masks;
e. Failure to inspect and/or test the air;
f. Failure to provide medical monitoring.
@ Failure to select and hire a careful and competent contractor or
subcontractor.

94. The PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS’ duties
to maintain and provide safe premises, a safe place to work, and to warn of dangerous conditions
are non-delegable; said duties arise out of, inter alia, common law, California Civil Code § 1714,
and California Labor Code § 6400, et seq., or California Health and Safety Code § 40.200, et
seq., and regulations promulgated thereunder. Accordingly, the PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS are responsible for any breach of said
duties whether by themselves or others. :

95, Prior to and at said times and places, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS were subject te certain ordinances, standards, statutes, and other
government regulations promulgated by the United States Government, the State of California,
and others, including but not limited to the General Industry Safety Orders promulgated pursuant
to California Labor Code § 6400 and the California Administrative Code under the Division of
Industrial Safety, Department of Industrial Relations, including but not limited to Title VIII,
Group 9 (Control of Hazardous Substances), Article 81, § 4150, § 4106, § 4107, and § 4108,
and Threshold Limit Values as documented for asbestos and other toxic substances under
Appendix A, Table 1 of said Safety Orders; additionally, California Health and Safety Code
§ 40.200, et seq., which empowers the Bay Area Air Quality Management District (B.A.A.Q.D.)
to promulgate regulations including, but not limited to . lation 11, Rules 2 and
14, Title 40 Code of Federal Regulations, Chapter 1, Part 61, et seq. - The National Emission
Standards for Hazardous Air Pollutants, which required said PREMISES OWNER/
CONTRACTOR LIABILITY DEFENDANTS to provide specific safeguards or precautions to
prevent or reduce the inhalation of asbestos dust and other toxic fumes or substances; and said

99 i “Purcell
© BRAYION® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.we © UW HW PB wD

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PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS failed to provide the
required safeguards and precautions, or contractors employed by the PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS failed to provide the required safeguard
and precautions. Defendants’ violations of said codes include, but are not limited to:

(a) Failing to comply with statutes and allowing ambient levels of airborne
asbestos fiber to exceed the permissible/allowable levels with regard to the aforementioned

statutes;
(b) Failing to segregate work involving the release of asbestos or other toxic

dusts;

{e) Failing to suppress dust using prescribed ventilation techniques;

(d) Failing to suppress dust using prescribed “wet down" techniques;

-(e) Failing to warn or educate plaintiff or others regarding asbestos or other

toxic substances on the premises;

(f) Failing to provide approved respiratory protection devices;

(g) Failing to ensure "approved" respiratory protection devices were used
adequately;

(h) Failing to provide for an on-going health screening program for those
exposed to asbestos on the premises;

@ Failing to provide adequate housekeeping and clean-up of the work place;

g@) Failing to adequately warn of the hazards associated with asbestos as
required by these statutes;

(k) Failing to adequately report renovation and disturbance of asbestos-
containing materials, including but not limited to B.A,A.Q.M.D. Regulation 11, Rules 2 and 14;

ad Failing to have an asbestos removal supervisor as required by regulation;

(m) — Failing to get approval for renovation as required by statutes; and

(n) _ Failing to maintain records as required by statute.
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96. PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each of]
them, were the "statutory employer" of plaintiff as defined by the California Labor Code and
California case law.

97. Plaintiff at all times was unaware of the hazardous condition or the risk of
personal injury created by defendants’ violation of said regulations, ordinances, or statutes.

98.  Atall times mentioned herein, plaintiff was a member of the class of persons
whose safety was intended to be protected by the regulations, standards, statutes, or ordinances
| described in the foregoing paragraphs.

99. Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR.
LIABILITY DEFENDANTS, and each of them, knew, or in the exercise of ordinary and

| reasonable care should have known, that the premises that were in their control would be used

without knowledge of, or inspection for, defects or dangerous conditions, that the persons present
and using said premises would not be aware of the aforesaid hazardous conditions to which they

were exposed on the premises, and that such persons were unaware of the aforesaid violations of

codes, regulations, and statutes.
100. As a proximate result of the foregoing, plaintiff developed asbestos-related illness.

which has caused great injury and disability as previously set forth, and plaintiff has suffered
| damages as herein alleged.

WHEREFORE, plaintiff prays judgment against defendants, their ALTERNATE
ENTITIES, and each of them, as hereinafter set forth.

SIXTH CAUSE OF ACTION
(Unseaworthiness)

AS AND FOR A FURTHER, SIXTH, SEPARATE AND DISTINCT CAUSE OF
ACTION FOR UNSEAWORTHINESS, PLAINTIFF COMPLAINS OF DEFENDANTS ON
EXHIBIT D, DOES 2001-2500, THEIR ALTERNATE ENTITIES, AND EACH OF THEM
(hereinafter referred to as JONES ACT DEFENDANTS), AND ALLEGES AS FOLLOWS:

101. Plaintiff incorporates herein by reference, as though fully set forth hereat, each
and every paragraph of the First, Second, and Third Causes of Action.

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102, Plaintiff is a citizen of the United States of America, This Court has jurisdiction
under the Jones Act (46 U.S.C. Section 688, et seq.) and under General Maritime Law pursuant
to Article III, Section 2 of the United States Constitution, supplemented by the laws of the State

of California.
103. Atal times herein, each of the JONES ACT DEFENDANTS was the successor,

successor in business, successor in product line or a portion thereof, assign, predecessor,
predecessor in business, predecessor in product line or portion thereof, parent, holding company,
affiliate, venturer, co-venturer, subsidiary, wholly or partially owned by, or the whole or partial
owner of or member in an entity owned, operated, maintained and controlled those certain
vessels of American registry herein mentioned, and used said vessels in the transportation of
freight and cargo in interstate and/or foreign commerce. Said entities shall hereinafter be called
ALTERNATE ENTITIES. Each of the herein named defendants are liable for the tortious
conduct of each successor, successor in business, successor in product line or a portion thereof,
assign, predecessor, predecessor in business, predecessor in product line or a portion thereof,
parent, holding company, affiliate, venturer, co-venturer, subsidiary, whole or partial owner, or
wholly or partially owned entity, or entity that it was a member of, or funded, that owned,
operated, maintained, and controlled those certain vessels of American registry herein mentioned.
and used said vessels in the transportation of freight and cargo in interstate and/or foreign
commerce. The following defendants, and each of them, are liable for the acts of each and every
ALTERNATE ENTITY, and each of them, in that there has been a virtual destruction of
plaintiff's remedy against each such ALTERNATE ENTITY, defendants, and each of them, have
acquired the assets, product line, or a portion thereof, of each such ALTERNATE ENTITY;
defendants, and each of them, caused the virtual destruction of plaintiff's remedy against each
such ALTERNATE ENTITY; each such defendant has the ability to assume the risk-spreading
role of each such ALTERNATE ENTITY; and that each such defendant enjoys the goodwill
originally attached to each such ALTERNATE ENTITY:

Mt

Mt

102 © Copyright 2003 Brayton Purcell
DBRATTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.I
2
3
4
5
6
7
8
9

10
11

DEFENDANT
A.H, BULL & CO,

ADMIRALTY ENTERPRISES

AMERICAN FOREIGN
STEAMSHIP CORPORATION

AMERICAN CLASSIC VOYAGES CO.
AMERICAN PRESIDENT LINES, LTD.

| avTRANsco, INC.

CAMBRIDGE TANKERS, INC.

CHEVRON SHIPPING COMPANY

CHIQUITA BRANDS INTERNATIONAL,
INC.

CROWLEY MARITIME CORPORATION

24

DMC PROPERTIES, INC.

GENERAL STEAMSHIP
INTERNATIONAL, LTD.

GRACE LINES, INC.

FLUTH CORPORATION
FOSS MARITIME COMPANY
Wh

ALTERNATE ENTITY
AH. BULL STEAMSHIP COMPANY

GRACE LINE, INC.
PRUDENTIAL LINES, INC.
W.R, GRACE & COMPANY

AMERICAN CONDOR STEAMSHIP CORPORATION
AMERICAN EAGLE TANKER CORP.

AMERICAN HAWAII CRUISES, INC.

DOLLAR STEAMSHIP LINES, INC,, LTD,
DOLLAR ASSOCIATES.
AMERICAN MAIL LINES, LTD.

THIRD ATTRANSCO TANKER CORP.
GLOBE SEAWAYS, INC.

STANDARD OIL COMPANY OF CALIFORNIA.
CHEVRON CORP.

UNITED FRUIT COMPANY
UNITED BRANDS COMPANY

PUGET SOUND TUG & BARGE COMPANY
RED AND WHITE FLEET

CROWLEY MARINE SERVICES, INC.
CROWLEY AMERICAN TRANSPORT
HARBOR CARRIERS, INCORPORATED
PACIFIC DRY DOCK & REPAIR CO.
MERRITT SHIPBUILDING CO.

DELTA STEAMSHIP LINES, INC.

DELTA LINES

MISSISSIPPI SHIPPING CO.

BEERS & MINNIS, INC.

MARINE TRANSPORT LINES, INC,
MARINE TRANSPORT MANAGEMENT, INC.

ALASKA PACKERS ASSOCIATION, INC.
GENERAL STEAMSHIP CORPORATION, LTD.
PRUDENTIAL LINES, INC.

ADMIRALTY ENTERPRISES

W.R. GRACE & COMPANY

ISBRANDTSEN TANKERS, INC.

FOSS LAUNCH & TUG CO.

right 2003

SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:

cellCo MD WHA e WN mw

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sae

HANSON PERMANENTE CEMENT, INC.

ISCO, INC.

KAISER GYPSUM COMPANY, INC.

KEYSTONE SHIPPING COMPANY

MAERSK, INC.

MARITIME MANAGEMENT CORP.
MATSON NAVIGATION COMPANY, INC.

McLEAN INDUSTRIES, INC.

MERCER ASSOCIATES, INC.

MOORE-McCORMACK DISTRIBUTING

MOORE McCORMACK RESOURCES, INC.

MORMAC MARINE GROUP, INC.
POLAR TANKERS INC.
PRINCESS U.S. HOLDINGS, INC.

KAISER CEMENT CORPORATION
PERMANENTE STEAMSHIP CORPORATION
PERMANENTE CEMENT COMPANY

THE PERMANENTE CORPORATION

KAISER GYPSUM, INC,

KAISER CEMENT & GYPSUM CORPORATION
DOMTAR GYPSUM, INC.

DOMTAR, INC.

LONGHORN PORTLAND CEMENT

STATES MARINE INTERNATIONAL, INC. (DE)
STATES MARINE LINES, INC. (DE)
ISTHMIAN LINES, INC. (DE)

PERMANENTE CEMENT COMPANY
HENRY J. KAISER COMPANY
PACIFIC COAST CEMENT COMPANY

KEYSTONE TANKSHIP CORPORATION
CHAS KURZ & CO,

MAERSK SEALAND

MOLLER STEAMSHIP COMPANY, INC.
ONTHEROCKS, INC.

COVE SHIPPING, INC.

MNC NAVIGATION, INC.

UNITED STATES LINES, INC.
MOORE-McCORMACK LINES, INC.

. MOORE-MeCORMACK DISTRIBUTING

STATES MARINE CORPORATION OF NEW YORK
STATES MARINE CORPORATION (NY)

GLOBAL BULK TRANSPORT CORPORATION (NY)
GLOBAL BULK TRANSPORT, INC. (NY)

STATES MARINE CORPORATION

MOORE-McCORMACK LINES
McLEAN INDUSTRIES, INC.

MOORE-McCORMACK LINES, INC.
MOORE-McCORMACK DISTRIBUTING
MMR, INC.

McLEAN INDUSTRIES, INC.

U.S. LINES

U.S. LINES (S.A.), INC.

UNITED STATES LINES, INC.

MOORE-McCORMACK LINES, INC.
ARCO MARINE, INC.
PRINCESS CRUISES, INC.

t 2¢

104
SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM) - ASBESTOS

Pu@ 1] PRUDENTIAL LINES, INC, GRACE LINE, INC.
. W.R. GRACE & COMPANY

2
SEA-LAND SERVICE, INC. S.L. SERVICE, INC.
3 SEA-LAND SERVICE, INC.
SEA LAND OF CALIFORNIA, INC
4 SEA LAND CORPORATION
5 MAERSK SEALAND
SEARIVER MARITIME, INC. EXXON SHIPPING COMPANY
6 HUMBLE OIL & REFINING CORPORATION
7 {| SHIPOWNERS & MERCHANTS TUG SEA CLOUD, INC.
8 TOWBOAT CO. LTD.
SKINNER CORPORATION ALASKA STEAMSHIP COMPANY, INC.
9 ALASKA TRAINSHIPS, INC.
SKINNER & EDDY CORPORATION
10 ALPAC CORPORATION
hn NORTHERN COMMERCIAL CO.
2 SOUTHER COMPANY WEST COAST STEAMSHIP COMPANY
3 STATES STEAMSHIP COMPANY STATES S. S. CO.
THE U.S. LINES AND U.S. UNITED STATES LINES, INC.
14] LINES (S.A.), INC. McLEAN INDUSTRIES, INC.
15 REORGANIZATION TRUST MOORE-McCORMACK LINES, INC.
W.R. GRACE & CO.-CONN. . GRACE LINE, INC,
16 PRUDENTIAL LINES, INC.
"7 ADMIRALTY ENTERPRISES
WATERMAN STEAMSHIP PAN ATLANTIC STEAMSHIP
18 CORPORATION
19 | WEYERHAEUSER CORPORATION WEYERHAEUSER COMPANY OF TACOMA WA
WEYERHAEUSER COMPANY
20
21 104. During the years as set forth on Exhibit A, plaintiff was employed by the JONES

22 | ACT DEFENDANTS, their ALTERNATE ENTITIES, and each of them, on their vessels, and
23 || was at all of said times, acting within the course and scope of said employment as a merchant

24 }| seaman and in other occupations during said years in the service on said vessels, he was then and
25 |i there exposed to asbestos, silica, asbestos- and silica-containing products, asbestos and diesel

26 || fumes and other fumes and dusts and second-hand smoke, and other toxic substances, the

27 || pathological effect of which was without noticeable trauma and was unknown to plaintiff.

28 4 if

105 © Copyright 2003 Brayton Purcell
© BRAYTON®S PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS10s. At all times herein mentioned, while in the service of said vessels, plaintiff

suffered injuries, illness, and disabilities, which resulted from exposure to asbestos, silica,
asbestos- and silica-containing products, asbestos, and diesel fumes and other fumes and dusts
and second-hand smoke, and other toxic substances.

106, Said injuries and illnesses suffered by plaintiff were directly and caused by the
defendants, and each of them, in failing to furnish plaintiff with safe and seaworthy vessels; and
in failing to provide a safe place to work or a safe means with which to do the required work

aboard said vessels; and exposing plaintiff to unreasonable risks of harm and injury there at; in

Co Oo WN DO HW WH

failing to furnish plaintiff with adequate aid, protection, warnings, advice, and assistance with

10 | which to do assigned tasks; requiring plaintiff to work under unsafe conditions and
11] circumstances aboard said vessels; and further, in failing to provide plaintiff with prompt,

12 || adequate, or sufficient medical care, advice, and treatment for disabilities, injuries, illness, and

13 | damages aboard said vessels, and thereafter. .
14 107. By reason of the foregoing, plaintiff was caused to and did sustain severe, painful,

and disabling injuries and illnesses to his lungs and body, a shock to his nervous system, and

| other injuries and illnesses not fully known at this time. Plaintiff prays leave to amend this
| Complaint to allege the full extent of said injuries, illnesses, damages, and disabilities when the

same are more definitely ascertained.
108. As a direct and proximate result of the aforesaid conduct of the defendants, their

20 ALTERNATE ENTITIES, and each of them, plaintiff has incurred, is presently incurring, and
21] will incur in the future, liability for physicians, surgeons, nurses, hospital care, medicine,
22 || hospices, x-rays and other medical treatment, the true and exact amount thereof being unknown

23 to plaintiff at this time, and plaintiff prays leave to amend this complaint accordingly when the

24 || true and exact cost thereof is ascertained. As a direct and proximate result of the aforesaid
25 || conduct of the defendants, their ALTERNATE ENTITIES, and each of them, plaintiff has
26 || incurred, is presently incurring, and will incur in the future, liability for the reasonable value of

27|| medial care provided by plaintiff's family members measured by, inter alia, the costs associateda

oe IY DA B WN

10

amount thereof being unknown to plaintiff at this time, and plaintiff prays leave to amend this
complaint accordingly when the true and exact costs are known or at time of trial.

109. Asa further result of the foregoing, plaintiff was rendered unable to engage in his
normal and usual calling. Plaintiff does not know the value of plaintiff's loss of earnings, and
prays leave to amend this Complaint to allege the full extent of said loss when it is more
definitely ascertained.

WHEREFORE, plaintiff prays for judgment against defendants, their ALTERNATE
ENTITIES, and each of them, as hereinafter set forth.

SEVEN tH CAUSE OF ACTION
(Negligence [Jones Act])

AS AND FOR A FURTHER, SEVENTH, SEPARATE AND DISTINCT CAUSE OF
ACTION FOR NEGLIGENCE (Jones Act), PLAINTIFF COMPLAINS OF DEFENDANTS ONI
EXHIBIT D, DOES 2001-2500, THEIR ALTERNATE ENTITIES, AND EACH OF THEM
(hereinafter referred to as JONES ACT DEFENDANTS), AND ALLEGES AS FOLLOWS:

110. Plaintiff incorporates herein by reference as though fully set forth hereat, each and
every allegation of the Sixth Cause of Action.

111. Defendants, their ALTERNATE ENTITIES, and each of them, had a duty to
exercise due care in the pursuance of the activities herein incorporated, and above defendants,
their ALTERNATE ENTITIES, and each of them, breached said duty of care.

112. Said injuries and illnesses suffered by plaintiff were directly and caused by the
negligent acts and omissions of the defendants, and each of them, their agents, servants, and
employees, in negligently failing to provide plaintiff with a safe place to work or a safe means
with which to do the required work aboard said vessels; and negligently exposing plaintiff to
unreasonable risks of harm and injury thereat; and negligently failing to furnish plaintiff with
adequate aid, protection, warning, advice, and assistance with which to do the assigned tasks; and
negligently requiring plaintiff to work under unsafe conditions and circumstances aboard said
vessels; and further, in negligently failing to provide plaintiff with prompt, adequate, or

ight 2003 Brayton %Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY {AND LOSS OF CONSORTIUM] - ASBESTOS.@ 1 | sufficient medical care, advice, and treatment for his disabilities, injuries, illness, and damages

aboard said vessels and thereafter.
| WHEREFORE, plaintiff prays for judgment against defendants, their ALTERNATE

ENTITIES, and each of them, as hereinafter set forth.

(Maintenance and Cure)

AS AND FOR A FURTHER, EIGHTH, SEPARATE AND DISTINCT CAUSE OF

| ACTION FOR MAINTENANCE AND CURE, PLAINTIFF COMPLAINS OF DEFENDANTS
10 | ON EXHIBIT D, DOES 2001-2500, THEIR ALTERNATE ENTITIES, AND EACH OF THEM
11 || (hereinafter referred to as JONES ACT DEFENDANTS), AND ALLEGES AS FOLLOWS:

12 113. Plaintiff incorporates herein by reference, as though fully set forth hereat, each

13 || and every paragraph of the Sixth and Seventh Causes of Action.

14 114. By reason of the foregoing, plaintiff is entitled to receive from said defendants,
15 I their ALTERNATE ENTITIES, and each of them, maintenance and cure from the time plaintiff
161] became disabled from work by reason of his injuries, illnesses, disabilities, and damages, at a
17 || reasonable rate per day.
18 WHEREFORE, plaintiff prays judgment against defendants, their ALTERNATE
19 || ENTITIES, and each of them, as hereinafter set forth.
20

a TH CAUSE QF. ACTION
al (Negligence [33 U.S.C. §905(b)})
22 AS AND FOR A FURTHER, NINTH, SEPARATE AND DISTINCT CAUSE OF

23 || ACTION PURSUANT TO 33 U.S.C, §905(b), PLAINTIFF COMPLAINS OF DEFENDANTS
24 || ON EXHIBIT E, DOES 2501-3000, THEIR ALTERNATE ENTITIES, AND EACH OF THEM
251! (hereinafter "LHWCA defendants"), AND ALLEGES AS FOLLOWS:

26 115, Plaintiff incorporates herein by reference as though fully set forth hereat, each and|

27 | every allegation contained in the First Cause of Action herein, excluding therefrom any charging
28 || allegations of culpable conduct against the LHWCA defendants.

108 © Copyright 2003 Brayton Purcell
CO BRAVION® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:|

COP WY HA RY WD

10

124

274

bff

6. Atall times herein mentioned plaintiff was a harbor worker rendering services to
defendants on EXHIBIT E, DOES 2501-3000. Plaintiff thus proceeds against said defendants
pursuant to the Longshoreman and Harbor Workers’ Compensation Act.

117. Atali times herein, each of the LHWCA Defendants was the successor, successor
in business, successor in product line or a portion thereof, assign, predecessor, predecessor in
business, predecessor in product line or portion thereof, parent, holding company, affiliate,
venturer, co-venturer, subsidiary, wholly or partially owned by, or the whole or partial owner of
or member in an entity that owned, operated, maintained and controlled certain vessels of
American registry, and used said vessels in the transportation of freight and cargo in interstate
and/or foreign commerce. Said entities shall hereinafter be called ALTERNATE ENTITIES.
Each of the herein named defendants are liable for the tortious conduct of each successor,
successor in business, successor in product line or a portion thereof, assign, predecessor,
predecessor in business, predecessor in product line or a portion thereof, parent, holding _
company, affiliate, venturer, co-venturer, subsidiary, whole or partial owner, or wholly or
partially owned entity, or entity that it was a member of, or funded, that owned, operated,
maintained, and controlled those certain vessels of American registry herein mentioned, and used
said vessels in the transportation of freight and cargo in interstate and/or foreign commerce. The
defendants listed on Exhibit E, and each of them, are liable for the acts of each and every
ALTERNATE ENTITY (see paragraph 103 and/or Exhibit E), and each of them, in that there has}
been a virtual destruction of plaintiff's remedy against each such ALTERNATE ENTITY,
defendants, and each of them, have acquired the assets, product line, or a portion thereof, of each
such ALTERNATE ENTITY; defendants, and each of them, caused the virtual destruction of
plaintiff's remedy against each such ALTERNATE ENTITY; each such defendant has the ability
to assume the risk-spreading role of each such ALTERNATE ENTITY; and that each such
defendant enjoys the goodwill originally attached to each such ALTERNATE ENTITY.

118. At all times hereinafter mentioned, plaintiff was in the employ of certain

shipyards or other entities as stated on Exhibit A.

109 © i nt 1 LI
@BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSOo mM HW DH BR YW NY

YN YP NY YN NY Dom ee em a
SCN A A £ ON § SO we aA KH eR eH AGS

119. Atal times hereinafter mentioned, the defendants on Exhibit E, DOES 2501-
3000, and their agents or representatives, contracted with plaintiff's shipyard employers and
DOES 2900-3000 for the purpose of loading on or unloading cargo from, and/or for the purpose
of making certain repairs to various ships owned, operated, maintained and controlled by, the
defendants on Exhibit E and DOES 2501-3000.

120. tall times herein mentioned, the plaintiff was lawfully upon said ships and was
lawfully engaged in the course of his employment thereon.

121. Atali times herein mentioned, said ships were lying in the navigable waters of the,
United States at various piers in the San Francisco Bay Area.

122. Atall relevant times herein mentioned, while plaintiff was lawfully engaged in the
course of his employment upon said ships, plaintiff, without any fault on his part, and solely
through the carelessness and negligence of the LHWCA defendants, their officers, agents,
servants and employees, was exposed to asbestos and asbestos-containing products and other
toxic substances. .

123. Defendants, and each of them, had a duty to exercise due care in the pursuance of
the activities mentioned above and defendants breached said duty of care.

124. Defendants, and each of them, knew, or should have known, that the
aforementioned asbestos and asbestos-containing products, and other toxic substances, would be
used or handled in the course of plaintiff's employment, said use resulting in the release of
airbome asbestos fibers, and other toxic substances; and that through such foreseeable use and/or
handling “exposed persons," including plaintiff herein, would be in proximity to and exposed to
said asbestos fibers.

125. Plaintiff has used, handled, or had been otherwise exposed to asbestos and
asbestos-containing products, and other toxic substances, in a manner that was reasonably
foreseeable.

126, Asa direct and proximate result of the conduct of the defendants as aforesaid,
plaintiff's exposure to silica and asbestos and asbestos- and silica-containing products, asbestos
and diesel fumes and other fumes and dusts and second-hand smoke, and other toxic substances.

110 © Copyri Purcell
SBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSit
@ 1} caused severe and permanent injury to plaintiff, that nature of which, along with the date of

2 | plaintiff's diagnosis, are set forth in Exhibit A to the complaint.

3 WHEREFORE, plaintiff prays judgment against defendants, and each of them, as

4]{ hereinafter setforth.

5] TEN SE OF

5 (F.E.L.A. - Negligence)

7 AS AND FORTH A FURTHER, TENTH, SEPARATE AND DISTINCT CAUSE OF
8 |, ACTION FOR NEGLIGENCE, PLAINTIFF COMPLAINS OF DEFENDANTS LISTED ON

| (hereinafter referred to as F.E.L.A. DEFENDANTS), AND ALLEGES AS FOLLOWS:
127. Plaintiff incorporates herein by reference, as though fully set forth hereat, each

128. This action arises and is being brought under and pursuant to provisions of the

Federal Employers Liability Act (F.E.L.A.), 45 U.S.C. 51, et seq.

129. At all times herein mentioned, defendants listed on Exhibit F, their ALTERNATE

16 | ENTITIES, and each of them, and DOES 3000-3500, were common carriers by railroad, engaged|

17] in interstate commerce doing business as such in Califomia and other states, and plaintiff was

130. Atall times herein, each of the F.E.L.A. DEFENDANTS was the successor,

ll successor in business, successor in product line or a portion thereof, assign, predecessor,
predecessor in business, predecessor in product line or portion thereof, parent, holding company,
affiliate, venturer, co-venturer, subsidiary, wholly or partially owned by, or the whole or partial

Vy © Copyrii n Purcell
| SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSthe herein named defendants are liable for the tortious conduct of each successor, successor in
business. successor in product line or a portion thereof, assign, predecessor, predecessor in
business, predecessor in product line or a portion thereof, parent, holding company, affiliate,
venturer, co-venturer, subsidiary, whole or partial owner, or wholly or partially owned entity, or
entity that it was a member of, or funded, that owned, operated, maintained, and controlled those
certain common carriers herein mentioned, and used said carriers in the transportation of freight
and cargo in interstate commerce. The following defendants, and each of them, are liable for the
acts of each and every ALTERNATE ENTITY, and each of them, in that there has been a virtual
destruction of plaintiff's remedy against each such ALTERNATE ENTITY, defendants, and each
of them, have acquired the assets, product line, or a portion thereof, of each such ALTERNATE
ENTITY; defendants, and each of them, caused the virtual destruction of plaintiff's remedy
against each such ALTERNATE ENTITY; each such defendant has the ability to assume the
risk-spreading role of each such ALTERNATE ENTITY; and that each such defendant enjoys
the goodwill originally attached to each such ALTERNATE ENTITY:

DEFE] LTE] ENTITY
THE BURLINGTON NORTHERN AND = BURLINGTON NORTHERN RAILROAD COMPANY
SANTA FE RAILWAY COMPANY BURLINGTON NORTHERN, INC.

ATCHISON, TOPEKA & SANTA FE RAILWAY
COMPANY
SANTA FE RAILWAY
GREAT NORTHERN RAILROAD

BURLINGTON NORTHERN CBQ RAILROAD

SANTA FE CORPORATION
DILL TRUST, LTD. OAHU RAILROAD

UNION PACIFIC RAILROAD COMPANY SOUTHERN PACIFIC TRANSPORTATION COMPANY
SOUTHERN PACIFIC GOLDEN GATE FERRY CO.
SOUTH PACIFIC GOLDEN STATE FERRIES LTD.
CHICAGO & NORTHWESTERN RAILWAY CO.
COTTON BELT RAILROAD
WESTERN PACIFIC RAILROAD
MISSOURI KANSAS AND TEXAS RAILROAD COMPANY
MISSOURI PACIFIC RAILROAD COMPANY
DENVER AND RIO GRANDE RAILROAD

CANADIAN PACIFIC RAILWAY MILWAUKEE RAILROAD
MILWAUKEE ROAD RAILROAD

MW

© Copyright 2003 Brayton Purcell!

12
SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:a

So 0D BN DA & wD

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2 TAA

CONSOLIDATED RAILROAD COMPANY CONRAIL CO.
PENNSYLVANIA RAILROAD

CSX TRANSPORTATION, INC. CHESAPEAKE AND OHIO RAILWAY COMPANY
L& N RAILROAD
B&O RAILROAD

NORFOLK SOUTHERN CORPORATION NORFOLK AND WESTERN RAILWAY COMPANY
NORFOLK SOUTHERN RAILWAY COMPANY

AKRON, CANTON & YOUNGSTOWN

RAILROAD COMPANY
NORTHERN PACIFIC RAILROAD NORTHERN PACIFIC TERMINAL COMPANY
NORTHERN PACIFIC TERMINAL & UNION STATION
SOO LENE RAILROAD CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD COMPANY

131. Plaintiff's work, as set forth in Exhibit A to the complaint, required him to work
on and around locomotives and other railroad equipment. By requiring plaintiff to work on and
around said locomotives and other railroad equipment, defendants, their ALTERNATE
ENTITIES, and each of them, negligently allowed plaintiff to be in and about and exposed to
excessive amounts of asbestos, silica, asbestos- and silica-containing products, asbestos and
diesel fumes and other fumes and dusts and second-hand smoke, and other toxic substances. As
a direct and proximate result of defendants', their ALTERNATE ENTITIES, and each of their
failure to provide plaintiff with a safe place to work, plaintiff sustained injuries caused by his
exposure to these various products and substances.

132, Plaintiff's work was performed in the regular course and scope of his duties and at
said time and place defendants, their ALTERNATE ENTITIES, and each of them, owed to
plaintiff a duty of exercising ordinary care to provide him with a reasonably safe place of
employment in which to perform his work.

133, At said time and place of plaintiff's employment, defendants, their ALTERNATE
ENTITIES, and each of them were under a duty to provide workers at said place of employment
with a safe workplace with adequate and reasonable safeguards against injury to workers, to
reftain from creating defective and dangerous situations, and refrain from any negligent conduct,
which might jeopardize the life and limb of workers therein. Defendants, their ALTERNATE
ENTITIES, and each of them, owed a duty of inspection and a duty to warn all workers at said

113 © Copyright 2003 Brayton *Purcel
SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSeo mn DH Bw N

Ss
=

place of employment of situations which would constitute a hazard to life and limb of the

workers employed in and about said locomotives. The defendants, their ALTERNATE
ENTITIES, and each of them negligently failed to perform these duties.

134. Plaintiff's injuries were caused by the negligence of defendants, their
ALTERNATE ENTITIES, and each of them, and resulted from the failure of said defendants,
their ALTERNATE ENTITIES, and each of them, to fulfill their aforesaid obligations and duties
to the plaintiff in the following respects:

a. By creating a defective and dangerous situation;

b. By failing to provide the plaintiff with a safe place to work;

c. By failing to adequately inspect;

d. By failing to warn plaintiff of the dangers existing in this place of work;
and

e By failing to provide adequate safeguards against injuries to the plaintiff
who was employed at said place of work.

135. Asadirect and proximate result of the defendants’, their ALTERNATE
ENTITIES, and each of their negligence as hereinabove alleged, plaintiff has suffered damages

as hereinafter set forth.
WHEREFORE, plaintiff prays judgment against the defendants, their ALTERNATE

ENTITIES, and each of them, as is hereinafter set forth.

PLEVENTH CAUSE OF ACTION
(Violation of the Boiler Inspection Act)

AS AND FOR A ELEVENTH CAUSE OF ACTION, PLAINTIFF COMPLAINS OF
DEFENDANTS LISTED ON EXHIBIT F, AND DOES 3000-3500, THEIR ALTERNATE

ENTIT