Request,Application: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                BRAYTON¢PURCELL LLP
ATTORNEYS AT LAW
222 RUSH LANDING ROAD
POBOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

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ALAN R. BRAYTON, ESQ., S.B. #73685
DAVID R, DONADIO, ESQ.., S.B. #154436
NANCY T. WILLIAMS, ESQ., S.B. #201095

WWilliams@braytonlaw.com ELECTRONICALLY
BRAYTON“PURCELL LLP FILED
Attorneys at Law ‘Supertor Court of Caltfomia,
222 Rush Zanding Road County of San Francisco
P.O. Box.

Novato, California 94948-6169 03/25/2016
(415) 898-1555 BY:NADITA MASON
(415) 898-1247 (Fax No.) Deputy Clertc

Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, ASBESTOS
No. CGC-10-275731
Plaintiffs,
DECLARATION OF NANCY T.
vs. WILLIAMS IN SUPPORT OF
APPLICATION FOR ENTRY OF

DEFAULT JUDGMENT AGAINST.
DEFENDANT JONES PLASTERING
COMPANY

C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit 1
attached to the Summary Complaint
herein; and DOES 1-8500.

ee

Hearing Date: May 24, 2016
Time: 9:00 a.m.
Dept.: 514, Hon. Joseph M. Quinn
Trial Date: Not Applicable
Filing Date: December 17, 2010
I, Nancy T. Williams declare:
1. Lam an attorney at law duly licensed to practice in the State of California, and am
an associate with the law firm Brayton*Purcell LLP, attorneys for record for plaintiffs herein. I
have reviewed the file in this matter and made this declaration on the basis of that review:
2. Attached hereto are true and accurate copies of the following cxhibits showing the
evidence of plaintiff ROBERT ROSS 's asbestos related injury and illness and ROBERT ROSS

and JEAN ROSS 's economic and non-economic damages in this case:

Exhibit Category Detail
A Medical Report Medical Report of Richard Luros, M.D.

K Mrjoredt193¢0\plWDECL mn default jadgmeat JONESP (2016) 1

DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT JONES PLASTERING COMPANYSD mw NAH Rw BY

Proof of Default, Service of
Summons, and Damages
Ceiling

Future Medical Damages

Non-Economic Damages

Request for Default Judgment, Proof of Service
and Statement of Damages served upon
Defendant.

Declaration of Frank Ganzhorn, MD
Declaration of Plaintiff ROBERT ROSS

(Personal Injury)

E. Non-Economic Damages Declaration of Plaintiff JEAN ROSS

(Loss of Consortium)

F. Non-Economic Damages Declaration of James P. Nevin

G. Work history relevant to Worksite Product identification and summary of
exposure case by Defendant —_ work place exposure

H. Non-Medical Economic Declaration of Economist Robert W. Johnson
Damages
I, Past Medical Billing Medical Billing Statement and Medical Bills

3. This action for damages arises from the asbestos related injury of Plaintiff
ROBERT ROSS. Plaintiffs ROBERT ROSS and JEAN ROSS (hereinafter "plaintiffs") filed a
complaint for personal injury and loss of consortium naming JONES PLASTERING
COMPANY (hereinafter “defendant”) one of several defendants. The complaint set forth the
work history of plaintiffs evidencing ROBERT ROSS 's exposure to asbestos caused by
defendant. The operative summons, complaint and Statements of Damages were served on
defendant and defendant has failed to defend or otherwise appear in this action. Plaintiffs has
filed proof of service of summons on defendant as well as a request for entry of default and
Statements of Damages.

4. Plaintiff ROBERT ROSS was diagnosed with and suffers from Asbestos-Related
Colon Cancer, Asbestosis and Pleural Disease caused by Plaintiff's exposure to asbestos for
which defendant is liable. As evidence of Plaintiff's personal injury, plaintiff submits the report
of plaintiff's medical expert, Richard Luros, M.D., attached to the Declaration of Nancy T.
Williams, filed concurrently herewith, as Exhibit “A”.

5. Plaintiff ROBERT ROSS had an exposure / work history that included exposure to
asbestos containing products. Defendant caused said exposure. ROBERT ROSS 's work history

KAtnjoredt 9249p DECL mtn defnl judgment JONESP (2016 2

DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT JONES PLASTERING COMPANYSFO em D OH BF WN |

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was detailed in the Exhibit A attached to the complaint. The exposure relevant to this application
for default judgement is summarized as follows:

ROBERT ROSS 's work history, attached in Exhibit A to the Complaint, shows
exposure to asbestos containing product caused by defendant.

Plaintiffs brought this action against defendant for personal injury and loss of
consortium alleging causes of action for Negligence, Strict Products Liability, False
Representation, and/ or Premises Owner / Contractor Liability.

Plaintiff was exposed to asbestos containing products supplied by defendant and/or
installed and/or disturbed by said defendant as a contractor. Such exposure contributed to cause
plaintiff's asbestos-related disease.

6. In support of Plaintiffs request for economic damages Plaintiff provides a
declaration of Internal Medicine Specialist and Pulmonologist Frank Ganzhorn, M.D. See
declaration of Dr. Ganzhorn attached hereto as Exhibit "C". In his declaration, Dr. Ganzhorn
opines that, at a minimum, the costs of medical monitoring include one time procedures as well
as reoccurring procedures:

a. Dr. Ganzhorn opines that annual procedures include annual follow up examinations|
($300.00/yr), annual pulmonary function tests ($1,000.00/yr) and annual chest x-rays
($300.00/yr). These total $1,600.00 per year. In the Report of Economist Robert W. Johnson, he
opines that Plaintiff's life expectancy was until 2021, which is 5 years from 2016. (See Report of
Robert W, Johnson attached hereto as as Exhibit "G". The total annual medical monitoring of
$1,600.00 per year multiplied by 5 more years is $8,000.00.

b. Dr. Ganzhorn opines that a CT with High Resolution Scans occur ever two years at
$1,800.00 per scan. Plaintiff's life expectancy, divided by two (to reach a biennial figure), equals
2.5 more years. The cost of $1,800.00 for CT exams multiplied by 2.5 more years is $4,500.00.

ec. Dr. Ganzhorn opines that, in addition to these annual and biennial costs, the
following procedures are also required: An initial complete pulmonary evaluation ($1,500.00), a
Colon Cancer Screening ($3,000.00) and at least one future hospitalization ($50,000.00). These

minimum procedures total $54,500.00.

Knjurodt 9 49igLADECI.-mn deft judgment JONES? (2016)1.06) 3

DECLARATION OF NANCY T, WILLIAMS IN SUPPOR F OF APPLICATION FOR ENTRY ‘OF DEFAULT JUDGMENT AGAINST
DEFENDANT JONES PLASTERING COMPAN’SOU e UN DN HW BF WN HS

11

Combined, these minimum economic damages for future medical expenses is
$67,000.00 (atb+c).

8. Plaintiff ROBERT ROSS has provided testimony, in accordance with CACI
3905 Purcell LLP
222 Rush Landing Road
Novato, California 94948
reeruoneno, 415-898-1555 reno. (optenas: 415-898-1247 ELECTRONICALLY
neces pall @brayionlaw. com FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO eeounty Dy Senitanccon |
srnestaporess: 400 McAllister Street APR 11 2012
MAILING ADDRESS: peel Clerk of the Court
civ ano zip cove: San Francisco, 94102 BY: EDNALEEN JAVIER
BRANCH NAME: 7 Deputy Clerk
PLAINTIFF/PETITIONER: ROBERT ROSS and JEAN ROSS
DEFENDANT/RESPONDENT: C.C. MOORE & CO. ENGINEERS, et al.
REQUEST FOR —= 7 ‘CASE NUMBER:
(Application) Xx Entry of Default ——! Clerk's Judgment CGC- 10-275731
Court Judgment

1, TO THE CLERK: On the complaint or cross-complaint filed
, a on (date): MAY 16 2011
b. by (name): ROBERT ROSS and JEAN ROSS

c. LX] Enter default of defendant (names): JONES PLASTERING COMPANY

d | request a court judgment under Code of Civil Procedure sections 585(b),

Civ. Proc., § 585(d).)
e. |__ Enter clerk’s judgment

585(c), 989, etc., against defendant (names):

(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code

(1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section

1174(c) does not apply. (Code Civ. Proc:, § 1169.)

415.46,

[| Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section

(2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the

reverse (iter 5).)
(3) for default previously entered on (date):

2. Judgment to be entered. Amount Credits acknowledged Balance

a, Demand of complaint .....-.-...- $
b. Statement of damages *

(1) Special ...

(2) General
. Interest ...
i. Costs (see reverse) .
. Attorney fees .
TOTALS .

DAHAHE
HDHARAAR Ow

PRAHA «

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Daily Tenbgha were demanded in complaint at the rate of: $
C * Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)

per day beginning (date):

3. LI (Check if filed in an unlawful detainer case} Legal document assistant or unlawful detainer assistant information is on

Ayggeverse (complete item 4).
Date: > Ge
bys. DAVID DONADIO
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
me] Default entered as requested on (date):
(2) Default NOT entered as requested (slate reason):
FOR COURT
USE ONLY Clerk, by, . Deputy
Page tofz
Fe doped or Mangala Use REQUEST FOR ENTRY OF DEFAULT Code of Gil Proceaur,
Giv.i0o Rev January 12007 (Application to Enter Default) ww eourite a gov

LexisNexis® Automated California Judicial Council FormsCiv-100

PLAINTIFF/PETITIONER: ROBERT ROSS and JEAN ROSS CASE NUMBER
DEFENDANT/RESPONDENT: C.C. MOORE & CO. ENGINEERS, et al. CGC- 10-275731

4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.}. A legal document assistant
of unlawful detainer assistant __] aid did net for compensation give advice or assistance with this form,
{if declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state):
a. Assistant's name: ¢.. Telephone no.:
b, Street address, city, and zip code: d. County of registration:
e. Registration no.: 7
f. Expires on (date):

5. LX.) Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).

This action
a is LX] is not on a contract or installment sale for goods or services subject to Civ, Code, § 1801 et seq, (Unruh Act).
b. CJ is Cx isnot ona conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales

and Finance Act).
c [lis EX]isnot onan obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).

6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
a. not mailed to the following defendants, whose addresses are unknown to piaintiff or plaintiff's attorney (names):

b. LX] mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to
each defendant's last known address as follows: 7

(1) Mailed on (date): {2) To (specify names and addresses shown on the envelopes):
4D) ELBERT V JONES , AUTHORIZED AGENT FOR SERVICE
P 0%, 433 SYLVAN AVENUE SPC 65
bie MOUNTAIN VIEW CA 94041
i dec} under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
Date: oy. Y 019 . 7
= ___-__Nicole Hugh.

(TYPE OR PRINT NAME) (SIBNA DECLARANT)

7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
a, Clerk's filing fees
Process server's fees
Other (specify):

PHanan

Cc .. Costs and disbursements are waived.

- | am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.
{ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:
»

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

em o9a9o¢8

8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the
military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 601 et seq.).

{declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: >
{TYPE OR PRINT NAME "SONATURE OF DECLARANT)

GG Ra Janay 2667 REQUEST FOR ENTRY OF DEFAULT Page Bore
{Application to Enter Default)

LexisNexis® Automated California Judicial Council Forms$JM102760-

POS-010
“BAVIB RDONABIO, ESQ. dar #184336 (Name, Stale Bar number, and actress) FOR COURF USE ONLY }
f- BRAYTON & PURCELL STTORNEYS AT ATLAW 1
222 RUSH LANDING ROAD i
asses |
TELEPHONE NO; 415/898-1555 ERRNO, (Optonay: 415/898-1257 ELECTRONICALLY !
E-MAIL ADDRESS (Optionsyy |
_ATTORNEY FOR Mune: PLAINTIFF/ROBERT ROSS AND JEAN ROSS FILED ;
LIFOF INTY OF SAN FRANCISCO os 7 Superior Court of California,
SUPERIOR ‘COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO .
STREET ADDRESS: 400 MCALLISTER STREET, ROOM 103 County of San Francisco
wa 06 ADRESS APR 11 2012 |
city aNo 2 cone: SAN FRANCISCO, CA 94102-4514 Clerk of the Court
hance Naue; UNLIMITED CIVIL JURISDICTION _BY: EDNALEEN JAVIER |
PLAINTIFFIPETITIONER: ROBERT ROSS AND JEAN ROSS | CASE NUMBER: Deputy Clerk!
€GC10275731 i
DEFENDANT/RESPONDENT: C.C. MOORE & CO. ENGINEERS |
: eset eT Rat No oF No: 7
PROOF OF SERVICE OF SUMMONS GROUP#1084

(Sepa te proof of service required for each party served.) :
1. Atthe time of service | was at least 18 years of age and not a party to this action.
2. served copies of:
a. [7] summons
b. [77] compiaint
c. [_] Alternative Dispute Resolution (ADR) package
d. (__] Civil Case Cover Sheet (served in complex cases only)
e@. [__]} cross-complaint
ft. tz other (specify documents): PLEASE SEE ATTACHED LIST OF DOCUMENTS SERVED

3. a. Party served (specify name of party as shown on the documents served):
JONES PLASTERING COMPANY

b.[S€] Person (other than the party in item 3a) served on behailf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):

ELBERT V. JONES, AGENT AUTHORIZED TO ACCEPT SERVICE OF PROCESS

4. Address where the party was served: 433 SYLVAN AVENUE, SPACE 65
MOUNTAIN VIEW, CA 94041-1630

5. [served the party (check proper box)
a by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process lor the party (1} on (date): 12/04/11 (2) at (time): 08:35 AM
b. by substituted service. On (date): at (time): | left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3b):

(i) (business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. | informed him or her of the general nature of the papers.

2) { (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. | informed him or her of the general nature of the papers.
ca

(3) (physical address unknown) a person at least 18 years of age apparently in charge at the usuat mailing
address of the person to be served, other than a United States Postal Service post office box. | informed

him or her of the general nature of the papers.

(4) [{7) | thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on
(date): from (city): or[___] a declaration of mailing fs attached.

(5) f attached a declaration of diligence stating actions taken first to attempt personal service.

Page 1 of

Form opted fr Mandatory Use Code Civi Procedure § 417.10
paso few snowy 2007] PROOF OF SERVICE OF SUMMONS

dohakdy POSSCGC10275731

PLAINTIFF/PETITIONER: ROBERT ROSS AND JEAN ROSS ‘CASE NUMBER: i
| DE {
DEFENDANT/RESPONDENT: C,C, MOORE & CO, ENGINEERS i

G. by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,

(1) on fdate): (2) trom (city):

i with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)

(4) (J to an address outside California with retum receipt requested. (Code Civ. Proc., § 41 5.40.)

by other means (specify means of service and authorizing coda section):

Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons} was completed as follows:
a as an individual defendant.

&. [7] as the person sued under the fictitious name of (spacify):

c. [__} as oceupant.

d. [52] On behalf of (specify): JONES PLASTERING COMPANY
under the following Code of Civil Procedure section.

416.10 (corporation) (7) 415.95 (business organization, form unknown}
(5) 416.20 (defunct corporation) (5) 416.60 (minor)
<[} 416.30 (joint stock company/association) (_} 416.70 {ward or conservatee)
(} 416.40 (association or partnership) 4 416.90 (authorized person)
(5) 416.50 (public entity) 2 415.46 (occupant)
(5 other:

7, Person who served papers
Name: JEFFREY CUNNINGHAM
Address: 981 RIDDER PARK DRIVE, SAN JOSE, CA 95131
. Telephone number: 408/441-7000
The fee for service was: $
tam:
(1) [_] nota registered California process server.
(2) [__] exempt from registration under Business and Professions Code section 22350(b).
(3) [5€] registered California process server:
a owner employee [5<] independent contractor.
(i) Registration No.: 428
(ii) County: SANTA CLARA

pap op

8. [5] | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

or
9. {<_] fam the California sheriff or marshal and | certify that the foregoingis true and correct.

Date: 12/06/11

See PROOF OF SERVICE OF SUMMONS a

epbataty | POSEage

LIST OF DOCUMENTS:

ANS wn

2"° AMENDED SUMMONS AND COMPLAINT

STATEMENT OF DAMAGES

ORDER GRANTING LEAVE TO FILE 2“° AMENDED COMPLAINT
MASTER COMPLAINT FOR PERSONAL INJURY

NOTICE OF STATUS CONFERENCE

CIVIL CASE COVER SHEETCIV-050

— DO NOT FILE WITH THE COURT —
— UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 —

ATTORNEY OR PARTY WITHOUT ATTORNEY (Neme and Address}: TELEPHONE NO.

DAVID R. DONADIO, ESQ. (Bar # 154436) (415) 898-1555

Bucher «is te
usl ling Roa 5

Novato, California 94948-6169 ee

ATTORNEY FOR (ame). Plaintiff(s) FILED

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Superior Court of California,
County of San Francisco

street appress: 400 McAllister Street APR 11 2012

MAILING ADDRESS:

cry anozecooe: San Francisco 94102 . Clerk of the Court
BRANCH NAME: BY: EDNALEEN JAVIER

PLAINTIFF: ROBERT ROSS and JEAN ROSS ce ee

DEFENDANT: C.C. MOORE & CO, ENGINEERS, et al.
STATEMENT OF DAMAGES ee

(Personal Injury or Wrongful Death) CGC-10-275731

To (name of one defendant only): JONES PLASTERING COMPANY
Plaintiff (name of one plaintiff only): ROBERT ROSS

seeks damages in the above-entitled action, as follows:

1. General damages AMOUNT
a. B® pain, suffering, and inconvenience... 2.20.0 0ccc ccc eee eec eee teeeeeteseeeeeeees $ __ 500,000.00
bp. Ed Emotional distress $ __ 250,000.00
c. OF Lossofconsortium .. $
d Oo Loss of society and companionship(wrongful death actions only) $
e OF other (specify) 2.00 v ec cee cece ceceeeseeeseeeeeeeee $
£ O1 other (specify) 6... e eee eet tebe tenes eens $
g. Oo Continued on Attachment 1.g.

2. Special damages
a. Bl medica expenses (to date) oe cece cece eee rece seeteneeneeees $__ 100,000.00
b. XI Future medical expenses (present value) 00... ee eee eee eee eee $ _ 100,000.00
c o Loss of earnings (fo date)... 0.2.2.2 eee $
d. Loss of future earning capacity (present value)... eee eee $ _1,000.000.00
e O Property damage... 0... cece cece nent e ene n eee eee eee e teen eee $
ft Oo Funeral expenses (wrongful death actions only)... 6.2.22. eee $
g. ao Future contributions (present vatue) (wrongful death actions only) ...........-...222--0505 $
h. oO Value of personal service, advice, or training (wrongful death actions only) ........--...2..05 $
i, & Other (specify) LOSS OF HOUSEHOLD SERVICES ..............0 0... e eee $ 50,000.00
5 OL otner (specify) o.oo eee cece cece cee ee ec eeceeeeseveveeerevnerrens $
k. oO Continued on Attachment 2.k.

3. Bl Punitive damages: Plaintiff reserves the right to seek punitive damages in the amount of (specify) ...... $ 5,000,000.00

when pursuing a judgment in the suit filed against you.

Date: November 21, 2011
David R. Donadio >
(TYPE OR PRINT NAME)
+ {SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
(Proof of service on reverse)
Form Adopted for Mandatory Use STATEMENT OF DAMAGES: Coda of Civil Procedure, $6 425.11, 425-115
civ.DS6 [Rev Jarusy 1 20071 (Personal Injury or Wrongful Death) —

LexisNexis® Automated California Judicial Council FormsCIV-050

~ BO NOT FILE WITH THE COURT —
— UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 ~
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address}: ‘TELEPHONE NO.
DAVID R, DONADIO, ESQ. {Bar # 154436) (415) 898-1555
BRAYTONSPURCELL LD FAXNO,
222 Rush Landin; (415) 898-1247

Novato, ate Sas. 6169

ELECTRONICALLY

ATTORNEY FOR (ame): Plaintiff(s) F I L E D
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Superior om of California,
street avpriss: 400 McAllister Street Pepe eee eae
MAILING ADDRESS APR 11 2012
ciryanozpcone: San Francisco 94102 Clerk of the Court
BRANCH NAME: BY: EDNALEEN JAVIER
punter: ROBERT ROSS and JEAN ROSS Deputy Clerk
DEFENDANT: C.C. MOORE & CO. ENGINEERS, et al.
be
STATEMENT OF DAMAGES eee
(Personal injury or Wrongful Death) CGC-10-275731
To (name of one defendant only): JONES PLASTERING COMPANY
Plaintiff (name of one plaintiff only}: JEAN ROSS.
seeks damages in the above-entitled action, as follows:
1. General damages AMOUNT

a. oO Pain, suffering, and inconvenience ©... - 2... cece ce teste eet eens $
bp. 1 Emotional distress
c Bl Loss ofconsortium ....
d. o Loss of society and companionship(wrongful death actions only) $
e O other (specify) $
t © other (specify) $
g. ©) continued on Attachment 1.9.

2. Special damages
a. [1 Medical expenses (to date}... 0.0. ccc ccc ececeececceeeccavevevecuecusersvavess $
b. o Future medical expenses (present value)... cnet eee eee $
c. Oo Loss of earnings (fo date) $
6. Loss of future earning capacity (present value)... . $
e O Property damage 26... ccc ee ee cece ene e eee reeeueneeveeee $
t © Funeral expenses (wrongful death actions only)... 0. cnn eee e nes $
g. o Future contributions (present value) (wrongful death actions only) ©... 6. eee $
he oO Vaiue of personal service, advice, or training (wrongful death actions only) ............6.2055 $
i © omer (specify) $
i OD other (specify) $
k T1 Continued on attachment 2.&.

3. & punitive damages: Plaintiff reserves the right to seek punitive damages in the amount of (specify}...... $ _5.000,000.00

when pursuing a judgment in the suit filed against you.
Date: November 21, 2011

David R, Donadio > Ode

«SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF}

(TYPE OR PRINT NAME}

(Proof of service on reverse)
Form Adopted far Mandatory Us STATEMENT OF DAMAGES
eeseereiatcanene (Personal injury or Wrongful Death)

Code of Civt Procedure, $5 425.11, 425.145
into.ca.gov

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GILBERT L. PURCELL, ESQ., S.B. #113603
JAMES P. NEVIN, ESQ.., S.B. #220816
BRAYTON*%PURCELL LLP

Attorneys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169

(415) 898-1555

Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

IN RE: COMPLEX ASBESTOS ) ASBESTOS
LITIGATION ) No. 828684

DECLARATION OF FRANK
GANZHORN, M.D.

I, Frank Ganzhorn, M.D., declare as follows:

1. The information stated herein is true to my own personal knowledge, and if called as
a witness, I could and would testify competently thereto.

2. Iam a physician licensed to practice medicine in the State of California. Iam Board
Certified in Pulmonary Medicine. Iam Board Certified in Critical Care Medicine. I am Board
Certified in Internal Medicine. I am the former director of the Intensive Care Unit and the
Internal Medicine Service at Natividad Medical Center, Salinas, California. Iam currently a
pulmonologist at the Salinas Valley Medical Clinic. I also have a special interest and over 29
years of experience in the area of asbestos-related diseases, including asbestosis, lung cancer,
other cancers and mesothelioma. I have read and researched in the area of pulmonary health,
asbestos-related disease, pathogenesis, pathology, epidemiology, diagnosis, pulmonary function
testing, chest x-ray, CT exams, prognosis, medical monitoring and related topics. A copy of my
Curriculum Vitae is attached as Exhibit A and truly and correctly sets forth my qualifications
and experience.

LAATTY UPN Trials- Motions Expert Forms\decl Gator med monitoring. pd 1

DECLARATION OF FRANK GANZHORN, M.D3. The majority of my time is spent taking care of patients in active clinical pulmonary
practice. By its nature, my practice involves the care and treatment of many individuals dying
of advanced pulmonary disease, including malignancies, such as lung cancer and mesothelioma.
In addition to my clinical practice, over the past 29 years, I have also evaluated numerous
individuals dying of asbestosis, lung cancer, and/or mesothelioma for medical-legal purposes.

4. Ihave been qualified to testify as an expert witness in federal and California State
courts regarding the diagnosis, prognosis, and treatment of asbestos-related diseases. I have
testified as an expert witness in trials regarding the pulmonary aspects of asbestos exposure and
asbestos diseases.

5. During the past 29 years, I have become familiar with the fees charged and paid for
physician's services, diagnostic tests, hospital charges, home health care and related services.

6. Asbestos causes a variety of injuries to the human respiratory system, including
cancer and non-malignant diseases. The non-malignant diseases include asbestosis and.
asbestos-related pleural disease. Asbestosis is a slowly progressive disease that is potentially
disabling and/or fatal. Asbestosis and asbestos-related pleural disease result from cumulative
exposure to asbestos, and in individuals who develop these diseases, every occupational or
para-occupational exposure to asbestos plays a role in causing the disease. Asbestosis causes
impairment of pulmonary function, including pulmonary restriction and diminished diffusing
capacity for carbon monoxide (a measure of the ability of the lungs to transfer oxygen from the
air into the blood). My opinions are well supported by the American Thoracic Society's
undisputed 2004 position paper, Diagnosis and Initial Management of Nonmalignant Disease
Related to Asbestos, which is attached as Exhibit B.

7. Asbestosis is a scarring of lung tissue caused by the inhalation of asbestos fibers.
When humans inhale asbestos fibers, a portion of those fibers reach the alveoli (air sacs). This
is the portion of the lungs where gas transfer occurs and where oxygen is transferred into the
blood. The presence of asbestos in the lung starts a reaction best described as an inflammatory
process. This inflammatory process causes the deposition of scar tissue or fibrosis in the lungs.

The scar tissue slowly builds up and in some individuals will progress to where it interferes

LAATTYUPN‘Tvias-Movions\expet Forse! Ganzhom med monitoring wp 2

DECLARATION OF FRANK GANZHORN, M.Dwith lung function, including the reduction of lung volumes and impairment of the lung's ability
to transfer oxygen to the blood and remove carbon dioxide. In people who develop asbestosis,
the inflammatory process can continue to progress, even after exposure to asbestos ceases.

8. This inflammatory process may continue undetected for decades causing no pain or
respiratory symptoms. Eventually, in some people, the process will produce symptoms,
breathing abnormalities and radiographic changes. The first symptom usually experienced by
individuals with asbestos-related lung disease is shortness of breath on exertion. The period
between exposure and diagnosis of asbestos-related disease is called "latency" and normally is
at least 15 years.

9. Asbestos fibers can, after being inhaled into the lungs, make their way to the organ
that encases the lungs called the pleura. Once in the pleura, an inflammatory response similar
to that seen with asbestosis creates scarring or fibrosis in the pleura resulting in asbestos-related
thickening of the pleura and/or asbestos pleural plaques.

10. Asbestos causes ~ 80% of cases of malignant mesothelioma, a fatal cancer that
arises in the pleura, peritoneum or pericardium. Asbestos and cigarette smoke interact
synergistically in causing lung cancer. In someone with both significant cigarette and asbestos
exposure, it is the total dose of both together that can cause cancer. Individuals with asbestosis
who have a history of cigarette smoking have the highest known risk for developing lung
cancer. Individuals with a significant occupational exposure to asbestos or a non-malignant
asbestos-related disease are at increased risk for developing a variety of asbestos-related
cancers, such as gastrointestinal, renal, oropharyngeal and laryngeal carcinoma.

11. Individuals diagnosed with non-malignant asbestos-related disease should be
followed closely by a physician for a variety of reasons:

(a) It is important to monitor the effects of non-malignant asbestos-related
disease on lung function.

(b) It is important that people with asbestos-related non-malignant lung disease
not smoke.

Mt

LAATTY UPN‘Trials-Motions\Expert Forms\dec! Garzhora med monitoring. pd

DECLARATION OF FRANK GANZHORN, M.D(c) It is important to detect malignancies as early as possible, and regular
monitoring helps detect cancer at an early stage.

12. For someone diagnosed with asbestosis, medical monitoring for increased risk of
cancer and worsening non-malignant disease is required and should at a minimum include the
following procedures:

(a) An initial complete pulmonary evaluation with occupational history by a qualified
physician ($1,500.00);

(b) Annual follow-up examinations with a qualified physician ($300.00);

© Annual pulmonary function tests (mechanics, volumes, diffusing capacity) with
interpretation ($1,000.00);

(d) Annual 4-view chest x-rays with interpretation ($300.00); and

(e) Every 2 years a CT with High Resolution Scans ($1,800.00).

(f) colon cancer screening ($3,000)

The estimated costs of these procedures is based on my knowledge and experience as a
pulmonary physician. Someone with only a diagnosis of pleural disease would require similar
less frequent monitoring. The frequency of medical monitoring might well increase in
individuals with advanced asbestos-related disease, or those with other risk factors, i.e.
smoking, heart disease, or similar problems.

13. Individuals with asbestosis are likely to experience at least one future
hospitalization which is caused, in part, by their asbestos-related lung disease. Individuals with
asbestosis are at greater risk for contracting serious lung infections like pneumonia. These
patients, because of their impaired lung function, are at increased to develop respiratory failure
which would likely result in a prolonged hospitalization and possible death. The cost of such
future hospitalization is highly variable but at a minimum would be approximately $50,000.

14. The prognosis of an individual diagnosed with mesothelioma is extremely poor.
Mesothelioma is generally considered untreatable, and is often rapidly fatal. The average time
from diagnosis to death is fourteen months, but the disease is highly variable in its course with
some individuals only living a few months, and rare individuals surviving for several years.

LAATTYUPN‘Tvias-Movions\expet Forse! Ganzhom med monitoring wp 4

DECLARATION OF FRANK GANZHORN, M.Doe a Dw BF wy

Boe Be Be Be Be Re ee
eo 6 YW DAW RBH HE SD

Frank Ganzhorn M.D. 831-455-0437 p.2

Many variables affect an individual's life expectancy including, but not limited to, the extent of
the cisease at the time of diagnosis, treatment modalities selected by the patient and his
physician, the type of tumor (as there are different types of mesotheliomas), the individual's
general health and individual variability.

15. Consideration must be given to the fact that individuals with mesothelioma can be
relatively asymptomatic, then take a tum for the worse, decline rapidly, and die in a matter of
weeks. Severe weight loss is common. End-stage disease usually involves a general wasting
away of the patient, extreme lethargy, cachexia and debilitation for all ambulatory activities.
This can be especially true as the tumor spreads to involve the heart, aorta, or other major organ
systems where there is significant risk of the tumor precipitating a terminal event. Death from
mesothelioma is particularly painful due to the location of the tumor in the chest and its typical
end-stage involvement with nerves.

16. All exposures to asbestos by a mesothelioma victim, given a sufficient minimum
latency of 15 years prior to diagnosis, and regardless of fiber type, contribute to the asbestos
fiber burden and cause the mesothelioma. No exposure to asbestos with the appropriate latency
can be excluded from being part of the causal dose of asbestos that caused the mesothelioma.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

ton
Executed this 24 day of March, 2015, at Salinas, California.

, M.D.

‘LAATTYUPN Teuls- Motions\Exnent Rorme\deel Gamzhorn mel motoring. 5
DECLARATION OF FRANK GANZHORN, M.D.

03/29/2015 11:16AM (GMT-07:00)___CURRICULUM _ VITAE

FRANK MICHAEL GANZHORN, M. D.

EDUCATION

University of California, Berkeley
B.A. Biochemistry June, 1978

Medical College of Wisconsin
Milwaukee, Wisconsin
M.D. May, 1982

University of New Mexico

Albuquerque, New Mexico

Internal Medicine Residency
July, 1982 to July, 1985

University of New Mexico
Pulmonary Medicine Fellowship
July, 1985 to July, 1987

The Chicago Medical School
North Chicago, Illinois
Critical Care Fellowship
July, 1987 to July, 1988

CREDENTIALS

American Board of Internal Medicine
Certified - 1985
Certified - Pulmonary Diseases - 1988
Certified - Critical Care Medicine - 1989 (Recertified 1999, 2009)

EXHIBIT _PROFESSIONAL SOCIETIES

American College of Chest Physicians (Fellow)
American Thoracic Society (Member)
Society of Critical Care Medicine (Member)

HONORS

University of California, Berkeley
Undergraduate Research Honors Program

Natividad Medical Center
Clinical Faculty Teaching Award, 2002-2003

WORK HISTORY
Internal Medical Group
236 San Jose Street
Salinas, CA 93901
July 18, 1988 to September 30, 1993

Drs. Rinderknecht, Klein & Ganzhorn
Private Practice—Pulmonary Medicine/Critical Care Medicine
1055 Los Palos Drive
Salinas, Ca 93901
October 1, 1993 to August 1, 2002

Medical—Legal Consultation
August, 1997 to present

Drs. Rinderknecht and Klein
Pulmonary Medicine/Critical Care Medicine
Weekend/Holiday/Vacation coverage

August 1, 2002 to May 31, 2010

Alta Bates Summit Medical Center
Intensivist
2450 Ashby Ave.
Berkeley, Ca. 94705
November, 2002 to September, 2004Natividad Medical Center
1441 Constitution Blvd.
Salinas, Ca. 93906
Medical Director, Intensive Care Unit
September, 2004 to May, 2010
Director, Internal Medicine Service
March, 2005 to May, 2010

Pulmonary Medicine Center of the Central Coast
Pulmonary Medicine/Critical Care Medicine
1055 Los Palos Drive
Salinas, Ca 93901
June 1, 2010 to present

CURRENT HOSPITAL AFFILIATIONS

Salinas Valley Memorial Hospital
450 E. Romie Lane
Salinas, Ca 93901

Natividad Medical Center
1441 Constitution Blvd.
Salinas, CA 93906

ACADEMIC AFFILIATION

Assistant Clinical Professor
Department of Family and Community Medicine
University of California, San Francisco School of Medicine
January, 2004 to presentPERSONAL

Born: May 31, 1956
Baltimore, Maryland
Raised in Novato, California

Marital Status : Married, two Children

Home Address : 20270 Anza Drive
Salinas, Ca 93908

Mailing Address : P.O. Box 4306
Salinas, Ca. 93912

Phone : (831) 757-2058 (PMCCC)
(831) 455-1426 (office)
(831) 320-6660 (cell)
(831) 753-8506 (pager)
(831) 757-4333 (Salinas Valley Memorial)
(831) 455-0396 (home)American Thoracic Society Documents

Diagnosis and Initial Management of Nonmalignant

Diseases Related to Asbestos

THIS OFFICIAL STATEMENT OF THE AMERICAN THORACIC SOCIETY WAS
on DecemBer 12, 2003

CONTENTS

Diagnostic Criteria and Guidelines for Documenting Them
Asbestos Hazard
Asbestos in Lung Tissue
Clinical Evaluation and Indicators
Symptoms
Occupational and Environmental History
Physical Examination
Conventional Imaging
Computed Tomography
Bronchoalveolar Lavage
Pulmonary Function Tests
Nonmalignant Disease Outcomes
Asbestosis
Nonmalignant Pleural Abnormalities Associated
with Asbestos
Chronic Airway Obstruction
Implications of Diagnosis for Patient Management
‘Actions Required before Disease Is Apparent
Actions Required after Diagnosis
Conclusions

Asbestosis a general term for a heterogeneous group of hydrated
magnesium silicate minerals that have in common a tendency
to separate into fibers (1). These fibers, inhaled and displaced
by various means to lung tissue, can cause a spectrum of diseases
including cancer and disorders related to inflammation and fi-
brosis. Asbestos has been the largest single cause of occupational
cancer in the United States and a significant cause of disease
and disability from nonmalignant disease. To this demonstrable
burden of asbestos-related disease is added the burden of public
concern and fear regarding risk after minimal exposure.

This statement presents guidance for the diagnosis of nonma-
lignant asbestos-related disease. Nonmalignant asbestos-related
disease refers to the following conditions: asbestosis, pleural
thickening or asbestos-related pleural fibrosis (plaques or diffuse
fibrosis), “benign” (nonmalignant) pleural effusion, and airflow
obstruction. This document is intended to assist the clinician in
making a diagnosis that will be the basis for individual manage-
ment of the patient. It therefore provides overarching criteria
for the diagnosis, specific guidelines for satisfying these criteria,
and descriptions of the clinical implications of the diagnosis,
including the basic management plan that should be triggered
by the diagnosis. It is understood that disease may be pres

Members of the Ad Hoc Statement Committee have disclosed any direct commer-
cial associations (financial relationships or legal obligations) related to the prepara-
tion of this statement. This information is kept on file at the ATS headquarters.
Am J Respir Crit Care Med Vol 170. pp 691-715, 2004

DOE: 10.1164/rccm.200310-1436ST

Internet address: www.atsjournals.org

ADOPTED BY THE ATS Boarb of Directors

at a subclinical level and may not be sufficiently advanced to be
apparent on histology, imaging, or functional studies

‘One of the most important implications of the diagnosis of
nonmalignant asbestos-related disease is that there is a close
correlation between the presence of nonmalignant disease and
the risk of malignancy, which may arise from exposure levels
required to produce nonmalignant disease or mechanisms shared
with premalignant processes that lead to cancer. The major ma-
lignancies associated with asbestos are cancer of the lung (with
a complex relationship to cigarette smoking) and mesothelioma
(pleural or peritoneal), with excess risk also reported for other
sites. There is a strong statistical association between asbestos-
related disease and malignancy, but the majority of patients with
nonmalignant asbestos-related disease do not develop cancer.
On the other hand, the risk of cancer may be elevated in a
person exposed to asbestos without obvious signs of nonmalig-
nant asbestos-related disease. However, a diagnosis of nonmalig-
nant asbestos-related disease does imply a lifelong elevated risk
for asbestos-related cancer

DIAGNOSTIC CRITERIA AND GUIDELINES FOR
DOCUMENTING THEM

People with past exposure to asbestos consult physicians for
to be screened for asbestos-related dis
ease, for evaluation of specific symptoms that may relate to past
asbestos exposure (known or unsuspected), for treatment and
advice, and for evaluation of impairment. In 1986, the American.
Thoracic Society convened a group of experts to review the
literature and to present an authoritative consensus view of the
current state of knowledge with respect to diagnosis of nonmalig-
nant disease related to asbestos (2). In 2001, a new group was
convened to review and to update the 1986 criteria. This state-
ment constitutes that committce’s report, completed in 2004.
‘The criteria formulated in this statement are intended for the
diagnosis of nonmalignant asbestos-related disease in an individ-
ual in a clinical setting for the purpose of managing that person’s
current condition and future health. These general criteria are
slightly modified from those presented in 1986 (Table 1) (2):

many relevant reason:

* Evidence of structural pathology consistent with asbestos-
related disease as documented by imaging or histology

* Evidence of causation by asbestos as documented by the
occupational and environmental history, markers of expo-
sure (usually pleural plaques), recovery of asbestos bodies,
or other means

* Exclusion of alternative plausible causes for the findings

‘he rest of this statement is largely devoted to presenting
clinical guidelines required to document that each of these crite-
ria is met. Demonstration of functional impairment is not re-
quired for the diagnosis of a nonmalignant asbestos-related di
ease, but where present should be documented as part of the
complete evaluation. Evaluation of impairment has been exten-692

AMERICAN JOURNAL OF RESPIRATORY AND CRITICAL CARE MEDICINE VOL 170 2004

TABLE 1. CRITERIA FOR DIAGNOSIS OF NONMALIGNANT LUNG DISEASE RELATED TO ASBESTOS

1986 Guidelines

Chest film (irregular opacities)

Pathology (College of American
Pathologists)

Consistent time interval

Occupational and environmental history

Asbestos bodies or fibers in lung tissue

2004 Guidelines

Evidence of structural change, as
demonstrated by one or more of the
following:

* Imaging methods

* Histology (College of American
Pathologists)

Evidence of plausible causation, as
demonstrated by one or more of the
following

+ Occupational and environmental history of
exposure (with plausible latency)

* Markers of exposuire (e.g., pleural plaques)

* Recovery of asbestos bodies

Comparison and Notes

Demonstrates the existence of a structural lesion consistent
with the effects of asbestos. The criteria outlined in the 1986
guidelines were most explicit for asbestosis

Chest film, HRCT, and possibly future methods based on
imaging. The 1986 guidelines specified ILO classification 1/1

Criteria for identifying asbestosis on microscopic examination
of tissue are unchanged

Evidence of plausible causation implies that the temporal
relationship, including latency, is plausible

The 2004 guidelines are not limited to lung tissue, consider

Rule out other causes of interstitial fibrosis
or obstructive disease

“Evidence of abnormal test”

following:
Crackles, bilateral, not cleared by cough

Restrictive disease
history)

Reduced diffusing capacity
diffusing capacity)

* Inflammation (e.g,, by bronchoalveotar

lavage)

* Exercise testing

Exclusion of alternative diagnoses

Evidence of functional impairment, as
demonstrated by one or more of the

* Signs and symptoms (including crackles)

* Change in ventilatory function (restrictive,
obstructive patterns in context or disease

the role of BAL to be established, and deemphasize fibers
because they are difficult to detect and a systematic analysis
for asbestos fibers is not generally available

The 1986 guidelines primarily addressed asbestosis but
mentioned smoking as a cause of obstructive disease.
Implicit in the article, however, is that nonmalignant
diseases presenting similarly to asbestos-related disease
should also be ruled out

Functional assessment is not required for diagnosis but is part
of a complete evaluation. It contributes to diagnosis in
defining the activity of disease and the resulting impairment

Signs and symptoms are not specific for diagnosis but are
valuable in assessing impairment

The 1986 criteria admitted the possibility of obstructive
disease; the 2004 criteria address this specifically

* Impaired gas exchange (e.g., reduced

The 1986 guidelines noted possible utility of bronchoalveolar
lavage and gallium scanning but considered them to be
experimental techniques. The 2004 guidelines exclude
gallium scanning, suggest that additional indicators of
active inflammation may become useful in future

Definition of abbreviations: BAL = bronchoalveolar lavage; HRCT = high-resolution computed tomography; ILO = International Labour Organization.

From References 64 and 65,

sively reviewed elsewhere and is not repeated here (3). Func-
tional impairment may be demonstrated by evidence of symp-
toms or signs, ventilatory dysfunction, impaired gas exchange,
and inflammation. Pulmonary function testing should be con-
ducted in conformity with standards already published by the
American Thoracic Society (4, 5), including multiple trials to con-
firm reproducibility and documentation of all trials attempted.

These guidelines are designed for clinical application, not
for research, epidemiologic surveillance, screening, litigation, or
adjudication. They balance the need to be as accurate as possible
with protection of the patient’s safety and the yield, cost, and
accessibility of the diagnostic procedures available. These guide-
lines, if they err, err on the side of specificity rather than sensitiv-
ity. This is because nonmalignant asbestos-related disorders are
difficult to detect in their earliest stages and because there is no
carly intervention that has been proven to alter the subsequent
evolution of the disease. On the other hand, the documentation
of causation by asbestos carries important implications for the
patient and can be established with reasonable certainty, once
the disease is identified.

Asbestos as a Hazard

The generic term “asbestos” is used to describe a group of
minerals that, when crushed, break into fibers. As defined by

the National Research Council (1), the term “asbestos” is a
“commercial-industrial term rather than a mineralogical term.
It refers to well-developed and hair-like long-fibered varieties
of certain minerals that satisfy particular industrial needs.” They
are chemically hetcrogencous hydrated silicates and cach has
chemical analogs with different structures that do not form fibers.
Fibers have parallel sides with length three or more times greater
than width. Asbestos fibers have great tensile strength, heat
resistance, and acid resistance; varieties are also flexible. The
six minerals that are traditionally defined as asbestos include
chrysotile asbestos (the asbestiform variety of serpentine); the
amphiboles, which include crocidolite (the asbestiform variety
of riebeckite) and amosite (the asbestiform variety of cumming-
tonite-grunerite); and the asbestiform varieties of the amphi-
boles, which include anthophyllite (anthophyllite asbestos), ac-
tinolite (actinolite asbestos), and tremolite (tremolite asbestos)
(6). Just as all forms of asbestos, by the definition and classifica-
tion above, appear to cause malignancy, all may cause the non-
malignant diseases described. Issues of relative potency among
the forms of asbestos, and particularly between chrysotile and
the amphiboles, are primarily of concern with respect to the risk
of malignancy and are not discussed in this document.
Commercial-grade asbestos is made up of fiber bundles.
These bundles, in turn, are composed of extremely long and thin
fibers, often with splayed ends, that can easily be separated fromAmerican Thoracic Society Documents

one another. Commercial asbestos has high tensile strength,
flexibility, resistance to chemical and thermal degradation, and
high electrical resistance, and can often be woven. On the basis
of these characteristics, asbestos was broadly used in the past
in insulation, brake linings, flooring, cement, paint, textiles, and
many other products; however, commercial use has declined
substantially in more recent years.

Asbestos and asbestiform minerals may occur as a natural
accessory mineral in other industrial mineral deposits or rocks.
These asbestiform amphiboles and some other fibrous minerals
may not completely fit the commercial definition of asbestos but
may have similar effects, such as the tremolite-like asbestiform
mineral found in association with vermiculite in Libby, Montana
(7). Although the general criteria still apply, the specilic diagnos-
tic guidelines provided in this statement may or may not apply
in such situations, depending on the mineral and exposure cir-
cumstances. Documentation of health effects in the scientific
literature for these minerals is