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  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview 
						
                                
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                                LAW OFFICES

IMAI, TADLOCK, KEENEY & CORDERY, LLP

SUITE 1300
100 BUSH STREET

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Theodore T. Cordery, Esq. (Bar No. 114730)
tcordery@itke.com

Michael J. Boland, Esq. (Bar No. 98343)
mboland@itke.com ee
Stephen E. Carlson, Esq. (Bar No. 104279)

scarlson@itke.com FILED
IMAI, TADLOCK, KEENEY & CORDERY, LLP Superior Court of Califomia,
100 BUSH STREET, SUITE 1300 eee
SAN FRANCISCO, CA 94104 08/10/2015
Telephone: (415) 675-7000 Clerk ce aie Court
Facsimile: (415) 675-7008 Deputy Clerk
Attorneys for Defendant

CLAUSEN-PATTEN, INC., A DISSOLVED CORPORATION

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN 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. CLAUSEN-PATTEN, INC.
Complaint Filed: December 17, 2010
C.C. MOORE & CO. ENGINEEERS, et al., Trial Date: August 10, 2015

Defendant.

COMES NOW the Defendant, CLAUSEN-PATTEN, INC., and presents the following

Trial Brief:
PARTIES

Plaintiffs ROBERT ROSS and JEAN ROSS are represented by the law firm of Brayton
Purcell, LLP.

Defendant CLAUSEN-PATTEN, INC.is represented by the law firm of 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

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TRIAL BRIEF OF DEFENDANT CLAUSEN-PATTEN, INC.LAW OFFICES

IMAI, TADLOCK, KEENEY & CORDERY, LLP

SUITE 1300,
100 BUSH STREET

(415) 675-7000

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. Plaintiff's claim for asbestosis has been dismissed against this Defendant.
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. Plaintiff also had a prior lawsuit for asbestosis.
Defendant will seek the appropriate offsets.

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.

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.

2-
TRIAL BRIEF OF DEFENDANT CLAUSEN-PATTEN, INC.8
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SUITE 1300

100 BUSH STREET

JURY QUESTIONNAIRE
Defendant CLAUSEN-PATTEN, INC. 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 CLAUSEN-PATTEN, INC. 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;

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.

Joint Motion In Limine to Exclude Evidence or Testimony of David Schwartz, M.D. or
for Evidence Code Section 402 Hearing

JURY INSTRUCTIONS/VERDICT FORM

Defendant CLAUSEN-PATTEN, INC. 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.

WITNESS LIST

Defendant’s witness list is as follows:

--Jeffrey Birkner, CIH;

3-
TRIAL BRIEF OF DEFENDANT CLAUSEN-PATTEN, INC.LAW OFFICES

IMAI, TADLOCK, KEENEY & CORDERY, LLP

SUITE 1300
loo BUSH STREET
SAN FRANCISCO, CA 94104

(415) 675-7000

Dated:

--Dr. Noel Weiss, Epidemiologist;
--Mark Newton, Economist;
--Dr. Gerald Meyers, Pulmonologist;
--Dr. Norman Moscow, Radiologist
--Corporate representative of CLAUSEN-PATTEN, INC.
EXHIBIT LIST
Defendant is prepared to submit its Exhibit List per the order of this Court..

August 10, 2015 IMAI, TADLOCK, KEENEY & CORDERY, LLP

By: /s/ Stephen E. Carlson
Stephen E. Carlson

Attorneys for Defendant
CLAUSEN-PATTEN, INC.

4.
TRIAL BRIEF OF DEFENDANT CLAUSEN-PATTEN, INC.LAW OFFICES

IMAI, TADLOCK, KEEN

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PROOF OF SERVICE USING LEXISNEXIS

I, the undersigned, declare:

Tam 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 CLAUSEN-PATTEN, INC.

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

co va
a AVON a
Samantha Oryall

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TRIAL BRIEF OF DEFENDANT CLAUSEN-PATTEN, INC. a