On December 17, 2010 a Trial Materials was filed involving a dispute between Ross, Jean, Ross, Robert, and Acco Engineered Systems, Inc., Advanced Mechanical, Advance Mechanical Contractors, Inc., Air Systems Mechanical Contractor, A & K Heating Company, Inc., Albay Construction Company, Allen-Simmons Heating & Sheet Metal Company Inc., Allied Fire Protection, Allied Sprinkler Company, Inc., Allsberry Mechanical Corporation, Anderson, Rowe & Buckley, Inc., Associated Insulation Of California, A. Teichert & Son, Inc., Balliet Bros. Construction Corporation, Banner Drywall & Painting Co. Inc., Barnes Construction Co., Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bell Products Inc., Beta Mechanical Contractors, L.P., Bragg Investment Company, Inc., Cahill Construction Co., Inc., Cahill Construction Services, Inc., Cahill Contractors, Inc., California Drywall Co., Castro Construction, Inc., C.C. Moore & Co. Engineers, Cincinnati Valve Company, Cjr Plastering, Clausen-Patten, Inc., Clausen-Patten, Inc., A Dissolved Corporation, Climate Air, Inc., Climate Control Co., Inc., Collins Electrical Company, Inc., Commair Mechanical Services, Consolidated Insulation, Inc., Cosco Fire Protection, Inc., Cosco Sprinkler, Critchfield Mechanical, Inc., C & R Plastering, Inc., Csk Auto, Inc., Cupertino Electric, Inc., Delucchi Sheet Metal Works, Dilland Sederberg Plumbing, Does 1-8500, Domco Products Texas Inc., Domco Products Texas, L.P., Donovan Construction, Dorn Refrigeration, Dorn Refrigeration And Air Conditioning, Dpr Construction, Duro Dyne Corporation, D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Emil J. Weber Electric Co., Erwin Mechanical Inc., Ex- Fme, Inc. (Fka Fischbach And Moore Electric,, Fairmont Hotel Company, Fluor Corporation, Foley Electric Co., Foley Electric, Inc., Fuller Floors, General Mills, Inc., Giampolini & Co., Graybar Electric Company, Inc., Hanson Permanente Cement, Inc. Formerly Known As, Harold Beasley Plumbing And Heating, Inc., Harry Lee Plumbing & Heating, H & C Investment Associates, Inc., Henry C. Beck Company, Imperial Plastering & Drywall, Insulation Specialties, Inc., James A. Nelson Co., Inc., Johnson Controls, Inc., Jones Plastering Company, Joseph Bruno Sheet Metal Co., Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, J.W. Mcclenahan Company, Inc., Kentile Floors, Inc., Laub Sheet Metal Works, Lone Star Industries, Inc., Mack Construction Co., Magee, Robert, Malm Metal Products, Inc., Marine Engineering And Supply Company, Marshco Auto Parts, Inc., Mattock Construction Company, Mcclure Electric, Inc., Metropolitan Life Insurance Company, Michael Brothers, Midstate Mechanical, Inc., Mitchell Bros. Truck Lines, Inc., Monsanto Company, Sued As "Pharmacia Corporation", Oakfabco, Inc., Ortho-Craft, Pacific Fireproofing, Pacific Mechanical Corporation, Parker Insulation Contracting & Supply Co. Inc., Perini Corporation, Pharmacia Corporation, Which Will Do Business In, Pribuss Engineering, Pribuss Engineering, Inc., Raymond Interior Systems-North, Red Top Electric Co. Emeryville, Inc., Robert Magee, Rollie R. French, Inc., Rollins Construction, Rountree Plumbing & Heating Inc., Scott Co. Of California, S F L, Inc., S.J. Amoroso Construction Co., Inc., Slakey Brothers, Inc., Sugden Engineering Co., Swinerton Builders, Temper Insulation, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The W.W. Henry Company, Tuttle And Bailey Corp, Van Mulder Sheetmetal, Van-Mulder Sheet Metal, Inc., Walnut Creek Sheet Metal, Furnace & Air, W.C. Thomason, W.C. Thompson, Webcor Builders, Inc., Westburne Supply, Inc., Willard Electric, Wright Schuchart Harbor, Wright Schuchart Harbor Company, Ross, Jean, Ross, Robert, for civil in the District Court of San Francisco County.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
LAW OFFICES IMAI, TADLOCK, KEENEY & CORDERY, LLP SUITE 1300 100 BUSH STREET SAN FRANCISCO, CA 94104 (415) 675-7000 eo Nn Theodore T. Cordery, Esq (Bar No. 114730) tcordery@itke.com Michael J. Boland, Esq. (Bar No. 98343) mboland@itke.com Stephen E. Carlson, Esq. (Bar No. 104279) ELECTRONICALLY scarlson@itke.com FILED Tina Yim, Esq. (Bar No. 232597) Superior Court of Califomia, tyim@itke.com County of San Francisco IMAL, TADLOCK, KEENEY & CORDERY, LLP 08/10/2015 100 BUSH STREET, SUITE 1300 Clerk ce aie Court SAN FRANCISCO, CA 94104 ae Telephone: (415) 675-7000 Facsimile: (415) 675-7008 Attorneys for Defendant COMMAIR MECHANICAL SERVICES IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA TN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION ROBERT ROSS and JEAN ROSS, CASE NO.: CGC-10-275731 (ASBESTOS) Plaintiff, TRIAL BRIEF OF DEFENDANT v. COMMAIR MECHANICAL SERVICES Complaint Filed: December 17, 2010 C.C. MOORE & CO. ENGINEERS, et al., Trial Date: August 10, 2015 Defendant. COMES NOW the Defendant, COMMAIR MECHANICAL SERVICES, and presents the following Trial Brief: PARTIES Plaintiffs ROBERT ROSS and JEAN ROSS are represented by the law firm of Brayton Purcell, LLP. Defendant COMMAIR MECHANICAL SERVICES’ is represented by the law firm of -1- TRIAL BRIEF OF DEFENDANT COMMAIR MECHANICAL SERVICES,LAW OFFICES IMAI, TADLOCK, KEE! SUITE 13 SAN FRANCISCO. CA 94104 (415) 675-7000, Imai, Tadlock, Keeney & Cordery, LLP. At last count, there are 33 defendants remaining in the litigation. SUMMARY OF FACTS Plaintiff Robert Ross is a 75 year old man who spent 41 years employed as an insulator for various companies and at numerous locations throughout the great San Francisco Bay Area. He has brought this lawsuit claiming that he developed colon cancer as a result of occupational exposure to asbestos. He previously brought a different suit for asbestosis. The defendants are a broad group of asbestos-containing product manufacturers, distributors, installers, premises owners, and contractors. Plaintiff Jean Ross has a claim for loss of consortium. She is also 75 years of age. ISSUES AT TRIAL Essentially, all liability and damages issues are in dispute. In summary, they are: 1. The nature and extent of liability of each defendant remaining at the conclusion of Trial; 2. The extent and nature of liability of non-party defendants pursuant to Prop 51 defense; 3. The nature and extent of damages, if any, sustained by plaintiffs, and each of them. SETTLEMENT WITH OTHER PARTIES A number of defendants have settled with plaintiffs, but the terms and conditions of the settlements have not been disclosed. Additionally, it is believed that plaintiffs have received funds in settlement of claims against bankruptcy trusts. These documents have been requested pursuant to CCP § 1987 for production at Trial. COLLATERAL SOURCE EVIDENCE Defendant will seek to introduce into evidence at trial of the amount of medical expenses actually paid on behalf of Plaintiffs rather than the billed amount. This will be the subject of a post-trial motion for reduction of special damages, if any are found by the jury. A motion in limine addresses this issue pursuant to Howell decision. 2- TRIAL BRIEF OF DEFENDANT COMMAIR MECHANICAL SERVICESLAW OFFICES IMAI, TADLOCK, KEENEY & CORDERY, LLP SUITE 1300 100 BUSH STREET SAN FRANCISCO, CA 94104 (415) 675-7000 TRIAL ESTIMATE Trial estimate, exclusive of jury selection and deliberation is approximately 35 court days, including jury selection. If anything, it could be longer given the large number of defendants remaining at Trial. JURY QUESTIONNAIRE Defendant COMMAIR MECHANICAL SERVICES’ will circulate a jury questionnaire and will meet/confer with plaintiffs’ counsel and other defense counsel in the hope of reaching an agreement regarding a joint jury questionnaire. MOTIONS IN LIMINE Defendant COMMAIR MECHANICAL SERVICES has served its Motions in Limine, and will meet with plaintiffs’ counsel in the hope of reaching stipulations to avoid judicial intervention and/or defer motions until a need at Trial arises. However, defendant submits for the following motions for decision before Opening Statements: Joint Motion in Limine to Exclude Evidence of Environmental and Industrial Safety Regulations that Postdate the Alleged Exposure to Defendants’ Asbestos-Related Products or Activities; and Joint Motion in Limine to Exclude Publication of Hearsay Statements in Scientific or Medical Articles and Treatises; and Joint Motion in Limine to Exclude Evidence of Plaintiff Robert Ross’ Respiratory Illness or Condition, Related Symptoms, Medical Treatment and Costs As An Element Of Damages, And To Permit Admission Of Clinical And Radiological Respiratory Or Pleural Condition Only With A Limiting Instruction, Only For The Purpose Of Establishing Or Disproving A Causal Connection Between Plaintiff's Colon Cancer and His Alleged Exposure To Asbestos. JURY INSTRUCTIONS/VERDICT FORM Defendant COMMAIR MECHANICAL SERVICES will serve a list of proposed jury instructions and verdict form. Defense counsel will meet and confer with plaintiffs’ counsel immediately in an attempt to reach agreement concerning these. 3. TRIAL BRIEF OF DEFENDANT COMMAIR MECHANICAL SERVICESLAW OFFICES IMAI, TADLOCK, KEENEY & CORDERY, LLP SUITE 1300 00 BUSK STREET SAN FRANCISCO, CA 94104 (415) 675-7000 13 15 WITNESS LIST Defendant’s witness list is as follows: Jeffrey Birkner, CIH; Dr. Noel Weiss, Epidemiologist; Mark Newton, Economist; Dr. Gerald Meyers, Pulmonologist; Dr. Norman Moscow, Radiologist; and Corporate witness from COMMAIR MECHANICAL SERVICES EXHIBIT LIST Defendant is ready to submit the Exhibit List per the order of this Court. Dated: August 10, 2015 IMAI, TADLOCK, KEENEY & CORDERY, LLP By: /s/ Michael J. Boland Michael J. Boland Attorneys for Defendant COMMAIR MECHANICAL SERVICES 4. TRIAL BRIEF OF DEFENDANT COMMAIR MECHANICAL SERVICES& CORDERY, LLP IMAI, TADLOCK, PROOF OF SERVICE USING LEXISNEXIS I, Heather Reyes, declare: Iam a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 100 Bush Street, Suite 1300, San Francisco, California 94104. On the date of execution below, I electronically served the document via LexisNexis File & Serve described as: TRIAL BRIEF OF DEFENDANT COMMAIR MECHANICAL SERVICES on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve Web site. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 10, 2015, at San Francisco, California Bleasthe. fowes Heather Reyes 5. TRIAL BRIEF OF DEFENDANT COMMAIR MECHANICAL SERVICES —