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

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                                101 W. Broadway
Suite 2000
San Diego, CA 92101

Gordon & Rees LLP

28

DANPS/1055195/9930735v.5

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

MITCHELL B. MALACHOWSKI (SBN: 245595)

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.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

JUN 08 2011

Clerk of the Court
BY: RAYMOND K. WONG
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO
CIVIC CENTER COURTHOUSE

RODRICK BRECKLER and
JOANN BRECKLER,

Plaintiffs,
vs,
ASBESTOS DEFENDANTS (BP) As

Reflected on Exhibits B, B-1, C, H, I; and
DOES 1-8500; and SEE ATTACHED LIST.

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CASE NO. CGC-08-274566

EXHIBIT B, CONTINUED PART 2
TO APPENDIX OF EXHIBITS IN
SUPPORT OF PACIFIC
SCIENTIFIC CO.’S MOTION FOR
SUMMARY JUDGMENT, OR IN
THE ALTERNATIVE SUMMARY
ADJUDICATION

Filed & Served Together:

. Notice of Motion and Motion

. Memorandum of Points & Authorities

. Separate Statement of Undisputed Facts
Declaration of Ann R. Stravalle-Schmidt
Declaration of Mitchell Malachowski

. Request for Judicial Notice

. Proposed Order

NAB WN

Hearing:

Date: June 23, 2011

Time: 9:30 a.m.

Dept.: Hon. Harold E. Kahn
Judge: 220

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

EXHIBITS TO APPENDIX OF EXHIBITS IN SUPPORT OF
PACIFIC SCIENTIFIC CO.°S MOTION FOR SUMMARY JUDGMENTEXHIBIT B,
CONTINUED, PART 2ome NY DW BR Ww ND

bE Ss

PACIFIC OIL REFINERY

PACIFIC SHIP REPAIR, INC.
PEPPERWOOD CORPORATION

PHILLIPS PETROLEUM COMPANY

THE PILLSBURY COMPANY

PIONEER CARPET MILLS, INC.

THE PROCTER & GAMBLE
MANUFACTURING COMPANY

THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA

REGAL HOTEL MANAGEMENT, INC.
REXAM BEVERAGE CAN COMPANY

ROMAN CATHOLIC BISHOP LA
& ROMAN SD

SAINT AGNES MEDICAL CENTER

SAN DIEGO GAS & ELECTRIC
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 CONSCLIDATED GAS &

ELECTRIC COMPANY 0 0 0 41 4 0

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YPN YP RP RP RM NN Dem eee
oN A A PY DP H&S oO we DRA RY BH ES

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.

Mit

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
HOSPITALS, 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
Wh

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 OL 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

TRE VALLEY CANNERY
THOMPSON-RAMO-WOOLRIDGE
ERNEST HAHN

RAYCHEM CORPORATION
BEACON OIL COMPANY
CAMINOL COMPANY

THE CAMINOL COMPANY, LTD.

CALIFORNIA FIRST BANK

000142

© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSUNION PACIFIC RESOURCES
COMPANY .

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

UNITED TECHNOLOGIES
CORPORATION

UNIVERSAL STUDIOS, INC.

UNOCAL CORPORATION

URBAN PACIFIC PROPERTIES

USX CORPORATION

V.S.S. ENTERPRISES, LLC

VACCO INDUSTRIES

VACUBLAST CORPORATION

VALLEJO VENTURE 99 LLC

VARIAN MEDICAL SYSTEMS, INC.

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

CHAMPLIN PETROLEUM

UNITED REFRACTORY & CORROSION PRODUCTS, INC.
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. 000 1 43
PurcellWASHINGTON MUTUAL, INC.

| WELLS FARGO BANK, N.T. & S.A

| WESTLAND BAY FAIR MALL L.P.

ZURN INDUSTRIES, INC.

WASHINGTON MUTUAL BANK, FA

GREAT WESTERN BANK

GREAT WESTERN CAPITAL CORPORATION
AMERICAN SAVINGS BANK

FIRST INTERSTATE BANK OF CALIFORNIA
ATC COMPANY
TRADE & VOCATIONAL CENTER

BAY FAIR MALL

BAY FAIR SHOPPING CENTER CORP.
VALLEY-FAIR MALL

VALLEY FAIR MALL.

MODESTO SAVINGS AND LOAN

SPRECKELS SUGAR COMPANY, INC.
SPRECKLES INDUSTRIES
SPRECKLES SUGAR CO.

SPRECKLES DEVELOPMENT CO., INC.
SPRECKLES LAND CO.
MECHANICAL PRODUCTS CO., INC.
DUFF-NORTON CO,, INC.

BOMINO SUGAR CORPORATION
AMSTAR CORPORATION

AMSTAR SUGAR CORPORATION

SI ACQUISITION CORP.

TATE AND LYLE PLC

YOLLAND MATERIALS COMPANY

YORK OPERATING COMPANY

YORK HOLDINGS

YORK HOLDING CORPORATION

CENTRAL ENVIRONMENTAL SYSTEMS.

BORG-WARNER AIR CONDITIONING, INC.

BORG-WARNER CENTRAL ENVIRONMENTAL
SYSTEMS

YORK DIVISION, BORG-WARNER

YORK-LUXAIRE, INC.

YORK CORPORATION

YORK ICE MACHINERY

YORK MANUFACTURING

FRICK COMPANY

BUMSTEAD-WOCLFORD COMPANY

79,  Atall times mentioned herein, the PREMISES OWNER/CONTRACTOR

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

000144

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|| OBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] ~ ASBESTOS.years and further investigation and discovery may produce more reliable information.

Additionally, plaintiff might have been present at these or other PREMISES
3 | 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,

maya nA WH

maintained, used, supplied, replaced, repaired, and/or removed on each of the aforesaid

9 § respective premises, by their own workers and/or by various unqualified or unskilled contractors,
11 {| 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. 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 foregoing conditions and activities created a
| dangerous, hazardous, and unsafe condition, and unreasonable risk of harm and personal injury t
| 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|
24 || toxic substances released into the ambient air by the aforesaid hazardous conditions and activitie:
25 || managed, maintained, initiated, and/or otherwise created, controlled, or caused by said
26 || PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each of them.

27) Hit
28 | if

000145

© Tight Brayton “Purcell
 BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS83. 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. At all 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 ina
| manner that caused plaintiff's injuries from asbestos-containing products.
86. Atal times mentioned herein, the PREMISES OWNER/CONTRACTOR

| 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.
i 88. At all 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

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aforesaid respective premises, by their own workers and/or by employing various contractors,
and caused the release of dangerous quantities of toxic asbestos fibers and other toxic substances
into the ambient air and thereby injured plaintiff.

90.  Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them:

a. Should have recognized that the work of said contractors would create during
the progress of the work, dangerous, hazardous, and unsafe conditions, which could or would
harm plaintiff and others unless special precautions were taken;

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

c. Failed to use reasonable care to discover whether the contractors it selected an
hired to install, remove, abate, or otherwise handle asbestos-containing materials were
competent, or qualified to do so.

91. In part, plaintiff was exposed to dangerous asbestos fibers and other toxic
substances by reason of such contractors’ failure to take the necessary precautions.

92. The work of contractors on premises controlled by the PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS created an unsafe premise and an unsafe
work place by reason of the release of dangerous quantities of toxic substances, including but not
limited to asbestos.

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

a. Failure to warn of asbestos and other toxic dusts;

b Failure to suppress the asbestos-containing or toxic dusts;

c Failure to remove the asbestos-containing and toxic dusts through
use of ventilation or appropriate means;
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SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSoO Oe WA HW PB WN

d. Failure to provide adequate breathing protection, i.c., approved

| respirators or masks;

e. Failure to inspect and/or test the air;
f. Failure to provide medical monitoring.
g. 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 wam 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 to certain ordinances, standards, statutes, and other

goverment 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 VII,
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 seg., which empowers the Bay Area Air Quality Management District (B.A.A.Q.D.}

§ to promulgate regulations including, but not limited to B.A.A.O.D. Regulation 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

000148

99 © Copyri Purcell
@BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.|

1 || PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS failed to provide the
21 required safeguards and precautions, or contractors employed by the PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS failed to provide the required safeguard:

41 and precautions. Defendants’ violations of said codes include, but are not limited to:

5 (a) __ Failing to comply with statutes and allowing ambient levels of airborne

6 || asbestos fiber to exceed the permissible/allowable levels with regard to the aforementioned

7 Statutes;

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

9 || dusts;
10] (c) Failing to suppress dust using prescribed ventilation techniques;
ity (d) Failing to suppress dust using prescribed "wet down" techniques;
12 i {e) Failing to warn or educate plaintiff or others regarding asbestos or other
13 f toxic substances on the premises;
14 @é Failing to provide approved respiratory protection devices;
15 (g) Failing to ensure "approved" respiratory protection devices were used
16 || adequately;
7 (bh) Failing to provide for an on-going health screening program for those
18 || exposed to asbestos on the premises;
194 (i) Failing to provide adequate housekeeping and clean-up of the work place;
20 @ Failing to adequately warn of the hazards associated with asbestos as
21 ]| required by these statutes;
22 (k) Failing to adequately report renovation and disturbance of asbestos-
23 | containing materials, including but not limited to B.A.A.O.M.D. Regulation 11, Rules 2 and 14;
24 Qa Failing to have an asbestos removal supervisor as required by regulation;
25 H (m) Failing to get approval for renovation as required by statutes; and
26 (n) Failing to maintain records as required by statute.
27 Wf
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96. | PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each off
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, Atail 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 presen
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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© BRAYION® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} - ASBESTOS:oc mY DH BF wD mM

Ss

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 Ifl, Section 2 of the United States Constitution, supplemented by the laws of the State
of Califomia.

103. Atall 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:

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© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS25

DEFENDANT
A.H, BULL & CO.
ADMIRALTY ENTERPRISES

AMERICAN FOREIGN
STEAMSHIP CORPORATION

| AMERICAN CLASSIC VOYAGES CO.

AMERICAN PRESIDENT LINES, LTD,

ATTRANSCO, ENC,

CAMBRIDGE TANKERS, INC.

CHEVRON SHIPPING COMPANY

CHIQUITA BRANDS INTERNATIONAL,
INC.

CROWLEY MARITIME CORPORATION

DMC PROPERTIES, INC.

GENERAL STEAMSHIP
INTERNATIONAL, LTD.

© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF Ct IRTTUM] - ASBESTOS

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.

000152oO WAH Fw He

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.

US. LINES

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

UNITED STATES LINES, INC.

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

PRINCESS CRUISES, INC.

000153

o .
SBRAYTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSPRUDENTIAL LINES, INC. GRACE LINE, INC.

9 . W.R. GRACE & COMPANY
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.
3 TOWBOAT CO. LTD.
SKINNER CORPORATION ALASKA STEAMSHIP COMPANY, INC.
9 ALASKA TRAINSHIPS, INC.
SKINNER & EDDY CORPORATION
10 ALPAC CORPORATION
NORTHERN COMMERCIAL CO.
11
3 SOUTHER COMPANY WEST COAST STEAMSHIP COMPANY
1
STATES STEAMSHIP COMPANY STATES S. $. CO.
13
THE U.S. LENES AND U.S, UNITED STATES LINES, INC.
14] LINES (S.4.), INC. McLEAN INDUSTRIES, INC.
5 REORGANIZATION TRUST MOORE-McCORMACK LINES, INC.
15}
W. R. GRACE & CO.-CONN. GRACE LINE, INC.
16 PRUDENTIAL LINES, INC.
" ADMIRALTY ENTERPRISES
| WATERMAN STEAMSHIP PAN ATLANTIC STEAMSHIP
18 |} CORPORATION
19 | WEYERHAEUSER CORPORATION WEYERHAEUSER COMPANY OF TACOMA WA.
WEYERHAEUSER COMPANY

104. During the years as set forth on Exhibit A, plaintiff was employed by the JONES
ACT DEFENDANTS, their ALTERNATE ENTITIES, and each of them, on their vessels, and

was at all of said times, acting within the course and scope of said employment as a merchant

} seaman and in other occupations during said years in the service on said vessels, he was then and
|| there exposed 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, the

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

it

000154

tl 1 ii 3 Brayton “1! Hi
f © BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.oO WN DOH Re WN

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105, Atall 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
failing to furnish plaintiff with adequate aid, protection, warnings, advice, and assistance with
which to do assigned tasks; requiring plaintiff to work under unsafe conditions and
circumstances aboard said vessels; and further, in failing to provide plaintiff with prompt,
adequate, or sufficient medical care, advice, and treatment for disabilities, injuries, illness, and
damages aboard said vessels, and thereafter. .

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. Asa direct and proximate result of the aforesaid conduct of the defendants, their
ALTERNATE ENTITIES, and each of them, plaintiff has incurred, is presently incurring, and
wiil incur in the future, liability for physicians, surgeons, nurses, hospital care, medicine,
hospices, x-rays and other medical treatment, the true and exact amount thereof being unknown
to plaintiff at this time, and plaintiff prays leave to amend this complaint accordingly when the
true and exact cost thereof is ascertained. As a direct and proximate result of the aforesaid
conduct of the defendants, their ALTERNATE ENTITIES, and each of them, plaintiff has
incurred, is presently incurring, and will incur in the future, liability for the reasonable value of
medial care provided by plaintiff's family members measured by, inter alia, the costs associated
with the hiring a registered nurse, home hospice, or other service provider, the true and exact

000155

106 © right 21 Purcell
GBRAVTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:eC Oo WY DH HW RF WHY He

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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.

SEVENTH 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 0!
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 an
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; ani
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

000156

© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSoc OY DH BW Dm

es
Ww be me SD

14

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.

EIGHTY CAUSE OF ACTION
(Maintenance and Cure)

AS AND FOR A FURTHER, EIGHTH, SEPARATE AND DISTINCT CAUSE OF
ACTION FOR MAINTENANCE AND CURE, 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:

113. Plaintiff incorporates herein by reference, as though fully set forth hereat, each
and every paragraph of the Sixth and Seventh Causes of Action. :

114, By reason of the foregoing, plaintiff is entitled to receive from said defendants,
their ALTERNATE ENTITIES, and each of them, maintenance and cure from the time plaintiff
became disabled from work by reason of his injuries, illnesses, disabilities, and damages, at a
reasonable’ rate per day.

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

NINTH CAUSE OF ACTION
(Negligence [33 U.S.C. §905(b)))

AS AND FOR A FURTHER, NINTH, SEPARATE AND DISTINCT CAUSE OF
ACTION PURSUANT TO 33 U.S.C. §905(b), PLAINTIFF COMPLAINS OF DEFENDANTS
ON EXHIBIT E, DOES 2501-3000, THEIR ALTERNATE ENTITIES, AND EACH OF THEM
(hereinafter "LHWCA defendants"), AND ALLEGES AS FOLLOWS:

115. Plaintiff incorporates herein by reference as though fully set forth hereat, each and|
every allegation contained in the First Cause of Action herein, excluding therefrom any charging
allegations of culpable conduct against the LHWCA defendants.

000157
108 © Copyright 2003 Brayton Purcell
SBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS ne2 @2 YW A HW & YN

RPM YD MR MN RD RQ om me eet
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116, 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. Atall 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.

Hl

000158
109. © Copyright 2003 Brayton %Purcel!
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} - ASBESTOSOo DO WN DH BW Nm

= 5

1 19. At all 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. Atall times herein mentioned, the plaintiff was lawfully upon said ships and was
lawfully engaged in the course of his employment thereon.

121. Atall 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
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. Asadirect 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.

000159
i ePurcell

@BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSeo ef WA WwW Bw =

BGS FS

caused severe and permanent injury to plaintiff, that nature of which, along with the date of
plaintiff's diagnosis, are set forth in Exhibit A to the complaint.

WHEREFORE, plaintiff prays judgment against defendants, and each of them, as
hereinafter setforth.

USE OF A
(F-E.L.A. - Negligence)

AS AND FORTH A FURTHER, TENTH, SEPARATE AND DISTINCT CAUSE OF
ACTION FOR NEGLIGENCE, PLAINTIFF COMPLAINS OF DEFENDANTS LISTED ON
EXHIBIT F, DOES 3000-3500, THEIR ALTERNATE ENTITIES, AND EACH OF THEM
(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
and every paragraph of the First Cause of Action herein. \

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. Ataill times herein mentioned, defendants listed on Exhibit F, their ALTERNATE
ENTITIES, and each of them, and DOES 3000-3500, were common carriers by railroad, engage:
in interstate commerce doing business as such in California and other states, and plaintiff was
employed by defendants, their ALTERNATE ENTITIES, and each of them, in such interstate
commerce, and the negligence complained of arose while plaintiff and defendants, their
ALTERNATE ENTITIES, and each of them, were engaged in the conduct of interstate
commerce.

130. At all times herein, each of the F.E.L.A. 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
common carriers by railroad, and used said carriers in the transportation of freight and cargo in
interstate commerce. Said entities shall hereinafter be called ALTERNATE ENTITIES. Each of

000160
© Copyri “Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} - ASBESTOS26

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 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:

DEFENDANT Al TITY
| 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

000161

112 o it “Purcell
BRAYTON PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS| CONSOLIDATED RAILROAD COMPANY CONRAIL CO.
my PENNSYLVANIA RAILROAD

| CSX TRANSPORTATION, INC. CHESAPEAKE AND OHIO RAILWAY COMPANY
f 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 LINE RAILROAD CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD COMPANY

131. Plaintiffs 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
Hl 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
f 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
refrain 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 wam all workers at said

000162

113 opyri; Brayton “Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSoOo NH RY NH

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;

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. Asa direct 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.

(Violation of ne 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
ENTITIES, AND EACH OF THEM, AND ALLEGES:

136. Plaintiff incorporates herein by reference, as though fully set forth hereat, each
and every paragraph of the First Cause of Action herein, and paragraphs 131, 132, and 133, of

000163

114 i 3B Purcel
‘@BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:

the previous Cause of Action herein.OP Oo yD DH rm BW ND mw

Sas

137. This is an action based on the Federal Boiler Inspection Act, 45 U.S.C. Section

22, et seg. and the Federal Employers’ Liability Act, 45 U.S.C. Section 51, et seq. Jurisdiction is
invoked under 28 U.S.C. Section 1337.

138. Defendants, their ALTERNATE ENTITIES, and each of them, were in violation
of the Federal Boiler Inspection Act in failing to install, remove, repair, and maintain safe
materials and appliances to insulate and maintain the aforementioned steam pipes, boilers, and
other equipment of the aforementioned locomotives in that the products they used released
asbestos fibers and particles, diesel fumes and other fumes and dusts and second-hand smoke and
other dangerous substances into the atmosphere where plaintiff carried out his duties and onto
plaintiff's clothing.

139, As adirect and proximate result of the actions and conduct of defendants, their
ALTERNATE ENTITIES, and each of them, as outlined herein, plaintiff has suffered the injurie:
and damages previously alleged. .

WHEREFORE, plaintiff prays judgment against defendants, their ALTERNATE
ENTITIES,