On December 17, 2010 a Motion,Ex Parte 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.
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2 3 4 5 6 7 8 9 10 - il acgg ) ee “16 17 18 19 20 21 22 23 24 25 26 27 G000/1067474/1 6690824. MICHAEL J. PIETRYKOWSKI (SBN: 118677) mpietrykowski@gordonrees.com KATHRYN J. LAFEVERS (SBN: 252003) ELECTRONICALLY klafevers@gordonress.com FILED GORDON & REES LLP Embarcadero Center West Superior Court of California, County of San Francisco 275 Battery Street, Twentieth Floor San Francisco, CA 94111 AUG 28 2013 Telephone: (415) 986-5900 Clerk of the, Court Facsimile: (415) 986-8054 Deputy Clerk Attomeys for Defendant THE GOODYEAR TIRE & RUBBER COMPANY SUPERIOR COURT OF CALIFORNIA. COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, ) CASE NO. CGC-10-275731 ) Plaintiffs, ) THE GOODYEAR TIRE & RUBBER ) COMPANY’S MOTION IN LIMINE TO v. ) EXCLUDE REFERENCE TO ) GOODYEAR CANADA, INC. [MIL # 3] ALTA BUILDING MATERIAL COMPANY., ) etal. } Action Filed: December 17, 2010 ) Trial Date: September 9, 2013 Defendants. ) ) ) ) ) ) ) ) ) ) L INTRODUCTION Defendant The Goodyear Tire & Rubber Company anticipates that plaintiffs will seek to introduce into evidence documents relating to Goodyear Canada, Inc. despite that the defendant in this matter, The Goodyear Tire & Rubber Company, is an entity separate and apart from Goodyear Canada, Inc. Plaintiffs generally allege that Mr. Ross was exposed to asbestos from working in the vicinity of others working with asbestos-containing Goodyear, Goodyearite, Wingtoot (initially identified as “Widget”), and Durabla gasket material manufactured by The Goodyear Tire & Rubber Company while working as an insulator between 1961 to 1977. The -}- THE GOODYEAR TIRE & RUBBER COMPANY’S MOTION IN LIMINE TO EXCLUDE REFERENCE TO GOODYEAR CANADA, INC.Gordon & Rees LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 NY HA UW Fk WN Goodyear Tire & Rubber Company manufactured asbestos-containing sheet gasket material for sale only until 1969. In July 1969, The Goodyear Tire & Rubber Company ceased production of all asbestos-containing gasket material for sale to any entity. [Declaration of Kathryn J. LaFevers (“LaFevers Decl.”), Exh. A.) Goodyear Canada, Inc. continued producing asbestos- containing gasket material for sale in Canada until August 1973, when it sold all its machinery and equipment necessary to produce these asbestos containing gaskets. (LaFevers Decl., 43, Exh. B.) H. ARGUMENT A. Evidence Regarding Goodyear Canada, Inc. Is Irrelevant. Evidence that is not relevant is not admissible. (Evid. Code, § 350.) Relevant evidence is that which has “any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.” (Evid. Code, § 210.) One of the issues in this in this action is that Goodyear ceased manufacturing asbestos- containing gasket material for sale to any entity in 1969. In July 1969, Goodyear ceased manufacturing all asbestos-containing gasket material. (LaFevers Decl., § 2; Exh. A.) Goodyear Canada, Inc. continued to manufacture asbestos-containing gaskets until August 1973, when it sold all of its gasket machinery and equipment. (LaFevers Decl., { 3; Exh. B.) Goodyear Canada, Inc. is not a party to this action and is an entirely separate entity apart from The Goodyear Tire & Rubber Company. Therefore, any evidence pertaining to Goodyear Canada, Inc.’s manufacture of asbestos-containing gasket material at any time has absolutely no bearing on the issues presented in this matter and specifically, The Goodyear Tire & Rubber Company’s potential liability in this matter. B. Evidence Regarding Goodyear Canada, Inc, Should Be Precluded Under California Evidence Code Section 352. Section 352 of the California Evidence Code provides: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will ... (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. -2- THE GOODYEAR TIRE & RUBBER COMPANY’S MOTION IN LIMINE TO EXCLUDE REFERENCE TO GOODYEAR CANADA, INC.Gordon & Rees LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. Regardless of any instruction that would be given to the jury that The Goodyear Tire & Rubber Company and Goodyear Canada, Inc. are separate entities, evidence regarding Goodyear Canada, Inc.’s manufacture and distribution of asbestos-containing gasket material post-1969 would create a substantial danger of misleading the jury and undue prejudice to The Goodyear Tire & Rubber Company. Specifically, the jury would be misled to believe that the two Goodyear entities are related and should share liability for any exposure to asbestos plaintiff may have had from Goodyear or Goodyearite brand gaskets after July 1969. IH. CONCLUSION Goodyear Canada, Inc. is not a defendant in this case and is a separate entity apart from The Goodyear Tire & Rubber Company. For the foregoing reasons, The Goodyear Tire & Rubber Company’s Motion should be granted. Any reference to Goodyear Canada, Inc.’s manufacture and sale of any asbestos containing products, including but not limited to asbestos- containing gasket material, at any time is wholly irrelevant, likely to mislead or confuse the jury, and should be precluded at trial. DATED: August 28, 2013 GORDON & REES LLP 7 Lee Attorneys for Defendant THE GOODYEAR TIRE & RUBBER COMPANY By: 3. THE GOODYEAR TIRE & RUBBER COMPANY’S MOTION IN LIMINE TO EXCLUDE REFERENCE TO GOODYEAR CANADA, INC.28 (GOOD /:067474'16728540y PROOF OF SERVICE ROBERT ROSS AND JEAN Ross V. C.C. MOORE & CO, ENGINEERS SAN FRANCISCO SUPERIOR COURT CASE NUMBER CGC-10-275731 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is: Gordon & Rees LLP 275 Battery Street, Suite 2000, San Francisco, CA 94111. On August 28, 2013 I served the within documents: DEFENDANT THE GOODYEAR TIRE & RUBBER COMPANY’S MOTION IN LIMINE TO EXCLUDE REFERENCE TO GOODYEAR CANADA, INC. [MIL#3] by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. by personally having Nationwide Legal, Inc. delivery the document(s) listed above to the person(s) at the address(es) set forth below. fully prepaid, in United States mail in the State of California at San Francisco, addressed as set forth below. by electronically serving the document(s) described above via File & Serve Xpress on the recipients designated on the Transaction Receipt that is located on the File & Serve Xpress website and as set forth below: O 0 oO by placing the document(s) listed above in a sealed envelope with postage thereon BRAYTON“ PURCELL 222 Rush Landing Road Novato, CA 94948 Tele: 415-898-1555 Plaintiffs’ Counsel 1 am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S, Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on_August 28, 2013 at San Francisco, California. le Vanessa Santellan Proof of Service