Exhibit,Appendix: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                |

Becherer
Kannett &
Schweitzer

oO nn Aas Ww ND

DO NO Be Be Be Be Ree ee
rF oOo 0 ON DUM fF WN FS CO

22

Mark S. Kannett (SBN 104572)
Mkannett@bkscal.com

Paul S. Lecky (SBN 154480)
plecky@bkscal.com

BECHERER KANNETT & SCHWEITZER
The Water Tower @ 1255 Powell Street
Emeryville, CA 94608

Telephone: (510) 658-3600

Facsimile: (510) 658-1151

Attorneys for Defendant
JOHNSON CONTROLS, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 22 2013

Clerk of the Court
BY: ALISON AGBAY
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS
Plaintiffs,
vs.
C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit 1 attached
to the Summary Complaint herein; and DOES
1-8500.

Defendants.

CASE NO. CGC-10-275731

EXHIBITS H thru L TO THE
DECLARATION OF PAUL S. LECKY IN
SUPPORT OF DEFENDANT JOHNSON
CONTROLS, INC.’S MOTION FOR
SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY

ADJUDICATION

Date: May 9, 2013

Time: 9:30 a.m.

Dept: 503

Judge: Hon. Terri L. Jackson
Complaint Filed: December 17, 2010
Trial Date: June 10, 2013

EXHIBITS H thru L TO THE DECLARATION OF PAUL S. LECKY IN SUPPORT OF DEFENDANT JOHNSON CONTROLS,
INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT H

TO THE DECLARATION OF PAUL S. LECKY IN
_SUPPORT OF DEFENDANT JOHNSON
CONTROLS, INC.’S MOTION FOR SUMMARY
JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATIONoon ant WON

Ny oN Be NY @&@ 2 =e a Be Be Se Be Se
PRRBBR BB GaSeRASEAE BNA SS

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE GOUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION
—-000---

SYLVIA CURRIER, et al.) Case No.: CGC-06-454323
KENNETH GOFORTH, ) Case No.: CGC-06-451849
WARREN HAASE, ) Case No.: CGC-08-274823
THOMAS HDXSON, ) Case No.: CGC-09-275161
JAMES D. LEWIS, ) Case No.: CGC-08.274946
ROBERTROSS, _) Case No.: CGC-07-274099

Plaintiffs, )
vs. )

)
ASBESTOS DEFENDANTS, )
et al. (BP) )

Defendants. )

DEPOSITION OF STEVE STEELE

Taken before Kimberly L. Avery
CSR No, 5074
August 21, 2009=

=
Spo wal~ o ot ea wo N

STEVE STEELE,
sworn as a witness,
testified as follows:
EXAMINATION BY MR. SINUNU:

Qa. Could you state your name, please, for the
record. /

A. Steve Steele.

a. And your current address?

A 3833 Walnut Avenue in Concord, California.

Q And your current occupation?

A. I'm the business manager of the insulators’
Local 18.

Qa And whaf is the complete name of that
organization?

A. Heat and Frost Insulators and Allied Warkers.

Q. How long has it been known by that particular
name?

A. | would say approximately two to three years.

Qa. And before that was it the Heat and Frost

Insulators and Asbestos Workers?

A. Yes.

Q. And so if we refer to either of those
organizations, we're talking about essentially one
organization, correct?

A. Yes.

15

Aiken Welch Court Reporters Steve Steele 8/21/2009=

oan Oo HO FF WO ND

Qa. Okay. On what date did you become a journeyman
with the Insulators’ union?

A Approximately 1972.

Q. And again, throughout the deposition, this is a
shortcut, we'll say the Insulators’ union or the
{nsulators' union Local 16, and by that we'll be
referring to the Heat and Frost Insulators -- well, the
International Association of Heat and Frost Insulators

and Allied Workers union; you understand that?

A. 1 understand.

Qa Do you remember the date in 19727

A No. :

Q Did you go through an apprenticeship before

becoming a journeyman?

A I did.

Q. And how jong was that apprenticeship?

A Four years.

Q. "Are the geographic boundaries of Local 16 the

same as they were when you became a journeyman?

A. | believe so.
Qa What are those geographic boundaries?
A. 47 counties in northem California and 10 in

~ northwestern Nevada.

a. And has the designation of the local which

controls those counties always been Local 16 insofar as

Aiken Welch Court Reporters Steve Steele 8/21/2009

191

oon our & wWIn =

~ wy NMN ee |e oe ew ew we se ea Ss
PRPRBPR SF CoA BARSHR =

you know?

A Yes.

Qa When you were an apprentice was there some
schooling provided to you?

A Yes.

Q. Can you describe that schooling?

A It was training in the application of

insulation on mechanical systems.
So you began that in about 1968?
September 30th, 1968.
What's your education?
High school with one year of college.
And when you began as an apprentice did you
know anything about applying insulation?
Yes.
Why is that?
My father was an insulator.
What's his name?
Merle, M-E-R-L-E, Steele.
And was he in Local 16, as well?

Yes.

pPpPeprererez OP PPO

Had you done some jobs with him or gone to work
sites with him before you became an apprentice?
A. Acouple times,

Qa. Did you also talk with him about the trade

Aiken Welch Court Reporters Steve Steele 8/21/2009

204 before you became an apprentice?

A. Yes.

Q. Before you became an apprentice did he ever
talk to you about the hazards related to asbestos?

A. Not that I remember.

MR. DAVIS: Counsel, I'll remind you that the

real deponent here is Local 16, not Mr. Steele as a
percipient witness. He's neither a party nora
percipient witness, only here as a person most
knowledgeable.
BY MR. SINUNU:

Qa. Have you ever been deposed as a person most

knowledgeable or person most qualified for Local 16
before?

A | think there was one time, and it was
approximately 15 years ago when | became business
manager. | don't remember the case. It was a very

short deposition; that's the only time.

Qa. Do you remember the name of the case?
20 A. t don't.
, 21 Q. How did the apprenticeship program work when
22 you were an apprentice, that is was there classroom
“| 23 training?
24 A. Yes.
25 Q. And where was that held?

Aiken Welch Court Reporters Steve Steele 8/21/2009om Nn OO oO fF WHY +

my NNN NN KN F&F SF = FSF FP SF FP 2s Ble
a fF © NH |= © 6 aN G2 Oo &F WOW NH AIS

A It was on High Street in Oakland.
Q And who taught courses?
MR. SOLOMON: Objection. The question is vague

as to time.
BY MR. SINUNU:

a. When you were an apprentice.

A His name was Richard Holmes, H-O-L-M-E-S, |
believe.

Qa. Was he a member of Local 16?

A. Yes.

Qa. Was he an officer. in the local?

A. No.

To clarify that, he was the apprenticeship
coordinator, not an officer of the local, but an

apprenticeship coordinator.

Qa. Was he the only person who gave you classroom
training?

A. No.

Q. Who else?

A. Art Klimack, with a K.

Q. How often was -- were your classroom courses,
approximately?

A. Once a week for four hours.

a. Thank you. That was my next question.

Were they in the evening after working hours?

22

Aiken Welch Court Reporters Steve Steele 8/21/2009=

2
3
4
5
6
7
8
9

(Discussion off the record.)
(Defendants' Exhibits E1 to E11
Marked for Identification.)
BY MR. SINUNU:
Qa. I'm going to show you documents which have been

marked as E1 through E11, and do you recognize those?

A. Yes.

a. And you brought those with you today?

A. Yes.

Q. And what are those?

A. “Asbestos Worker" journals.

Qa. And what are -- what is "The Asbestos Worker
journal?

A. It's a journal sent out from our International

several times a year.
Bless you.

a And is the magazine published by the
International Association of Heat and Frost Insulators
and now Allied Workers' union?

A Yes.

Q And do you understand that to be the official
journal of the organization?

A. Yes.

Q. The International is the organization of which

Local 16 is a part, correct?

37 j

Aiken Welch Court Reporters Steve Steele 8/21/2009

1om n OO oH & WN

10

=
=

25

A. Yes.

Q. And that magazine has been published ever since
you entered the union, correct?

A. I think so.

Q. Well, speaking for Local 16, is it your
understanding that that magazine is sent out to each
and every member of the union? ,

A. That's my understanding.

Q. And is it sent out on or about the date that
the magazine Is published?

A I believe so.

Q. So if your Exhibit E1 has a date of August
1970, then it would be sent out to all of the members
of the union in August or by August or September 1970,
correct?

A. | would think so.

MR. DAVIS: Objection. Calls for speculation.
MR. SOLOMON: Lacks foundation.

BY MR. SINUNU:

Qa. Well, again, you've received these magazines

yourself for a long time, haven't you? .

A Yes.
Q. And it comes out quarterly?
A. | would say several times. I'm not sure if

it's quarterly or several times a year.

Aiken Welch Court Reporters Steve Steele 8/21/2009

38-

MR. DAVIS: Do you have questions for him about

that document that he doesn't recognize or know

anything about?
MR. SINUNU: | got fots of questions about the
document.
BY MR. SINUNU:
a. Richard Holmes — it says, "Union Trustees:

Richard Holmes,” and you recognize that name, do you

not?
A Yes.
Q. And he was one of the people who was your

teacher in apprentice school?
A. Yes.
a. And if it says, "Richard Holmes, Secretary/
Treasurer," do you have the sense of the general date
of this document?
A. I don't.
MR. SOLOMON: Objection. The question is

designed to have the witness speculate.

BY MR. SINUNU:
Qa When was he secretary/treasure?
A. | don't know.
MR. DAVIS: Objection. Ambiguous as to what he

was allegedly secretary/treasurer of.

MR. SINUNU: Maybe that was my next question.

142

Aiken Welch Court Reporters Steve Steele 8/21/2009aN a

=

ononw Oo oO FF WN

BY MR. SINUNU:

Qa. Wayne Kelly, do you know who that is?

A. Yes.

Qa. Who is that?

A | think he was an International vice president

at one time, but | think he started off as a member of

Local 16.
, Qa And Richard Holmes is also a member of Local
16, correct?
A Yes.
Q. And E.C. Geiger?
A. A member of Local 16, to my knowledge.
Q. Do you recognize any of the names of the
employer trustees?
A. Maybe Tom Douglass.
Qa. Who is that?
A. He was an owner of the company, | believe,

called Douglass Insulation.

Q. It's spelled correctly, yeah.
A The other two | don't.
a. Well, when were Mr. Holmes, Mr. Kelly and Mr.

Geiger active members in Local 18, approximately?
A I'm going to say before my time.
Qa. ‘When you began in the union was there an

organization -- strike that.

143

Aiken Welch Court Reporters Steve Steele 8/21/2009oon @ oo & WwW NY =

oe ose 2a = a ae ae ew es
on DO oO FB Ww NY = CO

“19

STATE OF CALIFORNIA )

)
COUNTY OF ALAMEDA)

|, KIMBERLY L. AVERY, do heréby certify:

That STEVE STEELE, in the foregoing deposition
named, was present and by me swom as a witness in the
above-entitled action at the time and place therein
specified;

That said deposition was taken before me at said
time and place, and was taken down in shorthand by me,
a Certified Shorthand Reporter of the State of
California, and was thereafter transcribed into
typewriting, and that the foregoing transcript
constitutes a full, true and correct report of said
deposition and of the proceedings that took place;

IN WITNESS WHEREOF, | have hereunder subscribed my
hand this 8th of September 2009.

KIMBERLY L. AVERY, ke No, 5074

State of California

Aiken Welch Court Reporters Steve Steele 8/21/2009EXHIBIT I

TO THE DECLARATION OF PAUL S. LECKY IN
_SUPPORT OF DEFENDANT JOHNSON
CONTROLS, INC.2S MOTION FOR SUMMARY
JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATIONALAN R. BRAYTON, ESQ., SB. #73685
DAVID R. DONADIO, ESQ, $.B. #154436

KSENIA L, SNYEYIG ESO, 'S.B. #265399 ELECTRONICALLY

BRAYTONSPUR

Atiomeys at Law FILED

2 Raat Landing Rord sete Gf ie

P.O. Box

Novato, California 94948-6169 DEC 29 2041

(415) Bbe-1555, Clerk of the Court

‘Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com BY: AUANITAD, MURPHY
Depaly Cork

Attomeys for Plaintifis

SUPERIOR COURT OF CALIFORNIA
(COUNTY OF SAN FRANCISCO

BETTY PETERSON, as Wrongful Death
Heir, and as Successor-in-Interest to
PHILIP PEYERSON, Deceased, and
PHILIP PETERSON, JR., DENISE

1S
No, CGC-10-275498

DECLARATION OF RICHARD COHEN,
M.D. MP.EL, IN SUPPORT OF

} ASBESTO!
d

3
;
&

a

BRAYION¢PURCELL LLE
IATPOAMAYS AT3A™.
SR UUSH LANDES ROAD

WILLIAMS and LORI PETERSON, as
Logal Heirs of PHILIP PETERSON,
Deceased,

Plaintiff,

CALIFORNIA and Defendants as.
Reflected on Exhibit 1; and DOES 1-8500.

ve.
ASSOCIATED INSULATION OF |
)
SEE ATTACHED EXHIBIT l. )

£, Richard Cohen, M.D., M.P.H,, declare:

PLAINTIFFS’ OPPOSITION TO.
DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR
SUMMARY JUDGMENT OR,
ALTERNATIVELY, SUMMARY
ADJUDICATION

Date: January 5, 2012

Time: 9:30 a.m,

Dept. 503, Hon. Teri L. Jackson
‘Trial Dato: February 6, 2012
‘Action Filed: Fobroary 23, 2010

{. Tema licensed physician and am currently a Clinical Professor in the Division of

Occupativnal end Environmenta) Medicine in the Department of Taternat Medicine at the

University of California San Francisco School of Medicine. Additionally, Ihave 6 Masters of
Public Health degree from the UCLA School of Public ILealth in Epidemiology and a private
practice in Occupational Medicine and Industrial Toxicology. Tam Board-certified by the
American Board of Proventive Medicine in General Preventive Medicine and Occupational
Medicine.

axciesBn 1 sus

nents ces eg TO DERI TOUE
BIGLARATION OF UCILARD COMER MD, ‘DE SUPPORY OF PATIOS OPPOSTTON TO DERRND ANT ROBERISRAW
PER rntits COMER e ONON RON SOMMARY JCDOMENY Of, ALIGRNATIVELY, SUMMARY ADJUDICATIONom AW ea WN

ALAN R. BRAYTON, ESQ., 8.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
KSENIA L. SNYLYK, ESQ., S.B. #265399
BRAYTON®PURCELL LLP
Attorneys at Law
222 Rush Landing Road
P.O. Box 6169
Novato, California 94948-6169
gu 5) 898-1555
entative Ruling Contest Email: contestasbestosTR@braytonlaw.com

Attomeys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

BETTY PETERSON, as Wrongful Death
Heir, and as Successor-in-Intersst to

ASBESTOS
No. CGC-10-275498

ATTORNEYS AT LAW
222 RUSH LANDING ROAD
POAOX 5169
NOVATO, CALIFORNIA 24948-6169
(415) 991535

BRAYTONGPURCELL LLP

PHILIP PETERSON, Deceased, and
PHILIP PETERSON, JR., DENISE
WILLIAMS and LORI PETERSON, as
Legal Heirs of PHILIP PETERSON,
Deceased,

Plaintiffs, =‘
vs.
ASSOCIATED INSULATION OF
CALIFORNIA and Defendants as

Reflected on Exhibit 1; and DOES 1-8500.
SEE ATTACHED EXHIBIT

J, Richard Cohen, M.D., M-P.H., declare:

DECLARATION OF RICHARD COHEN,
M.D., M.P.H., IN SUPPORT OF
PLAINTIFFS' OPPOSITION TO
DEFENDANT ROBERTSHAW
CONTROLS COMPANY’S MOTION FOR
SUMMARY JUDGMENT OR,
ALTERNATIVELY, SUMMARY
ADJUDICATION

Date: January 5, 2012
Time: 9:30 a.m.

503, Hon. Teri L. Jackson
Trial Date: February 6, 2012
Action Filed: February 23, 2010

1, Lama licensed physician and am currently a Clinical Professor in the Division of
Occupational and Environmental Medicine in the Department of Internal Medicine at the

University of California San Francisco School of Medicine. Additionally, | have a Masters of
Public Health degree from the UCLA School of Public Health in Epidemiology and a private
practice in Occupational Medicine and Industrial Toxicology. ] am Board-certified by the

American Board of Preventive Medicine in General Preventive Medicine and Occupational

Medicine.

EAlnprrech 4 So pld\serR Cohen SHAW. wpd KLE

DECLARATION OF RICHARD COHEN, MD.. M.P.1., IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO. DEFENDANT 208 ‘ROBERTSHAW
CONTROLS COMPANY’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDIi

wet a wh aw Ne

_— eee
So Pe S

14

2. My private practice focuses on occupational medicine and industrial toxicology,
providing consultative services to industrial and other clients regarding accupational medicine
and industrial toxicology. This includes interpretation and application of OSHA Occupational
Health Standards and workplace assessment and recommendations regarding existing health
hazards; interpretation of industrial hygiene data with assessment of health risk; interpretation of
biological monitoring and modical surveillance data with recommendations, where appropriate,
for further actions regarding health hazard identification and control; analysis of injury and
exposure data; development of programs for management and employee training in medical,
safety and industrial hygiene; and research and investigation in industrial toxicology including
investigation of illness clusters and scientific literature review.

3. Lhave researched and published numerous articles on occupational health and
industrial toxicology. This rescarch includes the arca of asbestos, what was known about the
health hazards of asbestos, and when such information would have been reasonably known.

4. [bave been qualified as an expert and have testified in numerous asbestos cases
regarding the above, especially with regard to the issue of when knowledge of the health hazards
of asbestos became available. The subject is known as "asbestos historical state of the art." I
have reviewed historical scientific and medical literature regarding asbestos disease hazards at
the request of defense and plaintiffs attomeys since the early 1980s for the purpose of providing
asbestos state of the art icstimony at trial in asbestos personal injury and wrongful death cases. I
am qualified and routinely testify as to the medical issues involved in this case, including but not
limited to medical causation, asbestos risks and disease, epidemiology, state of the medical and
scientific art concerning asbestos-related diseases at relevant times, the nature and use of
asbestos products, and the subject's exposure to asbestos. | am qualified and also oftcn testify as
to asbestos products defects, the release of asbestos fibers from asbestos products, disease
potential of various asbestos products, asbestos health hazards, industry awareness, and state of
the art relating to the hazards of asbestos, applicable cules and regulations, and other industrial
hygiene related issues.
ut

epee Cea SEAN wp 2 us
DECLARATION OF RICI ‘M.D_.MP.H., LN SUPPORT OF P|_AINTIFPS' OPPOSITION TO DEFENDANT ROBERTSHAW

HARD CO}
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION5. Attached hereto as Exhibit "1" is my current Curriculum Vitae, which fairly
summarizes my professional and educational background, as well as listing some of my
professional publications.

6. In the course of my study of the historical documents relating to the asbestos industry
and use of asbestos, I have personally assembled a chronology of major publications regarding
the health hazards of asbestos. Attached hereto as Exhibit 2 is a copy of my bibliography of
articles I have reviewed and regularly rely upon in support of my state-of-the-art testimony.

7. Based on my above mentioned experience and training, and historical review, in my

eo aah hw NM

opinion the medical and scientific literature makes it clcar that, at least as carly as 1931, it was

eee

known in the medical and scientific commumity that breathing ashes
dangerous to human health. As stated by Dr. Frederick Willson in 1931, "We do know, however,

_
o

eo
Bo

that breathing of dust under the following conditions is seriously harmful: . . . asbestos and every
operation in which it is used." (Wilson, Frederick, The Very Least An Employer Should Know
About Dust And Fume Diseases, Safety Engineering, November 1931, Volume 62(5), pp.
317-318, emphasis added.) (This article is fully incorporated herein by this reference.)

a

nw

Additionally, the fact that asbestos exposure causes asbestosis, and the need for safety

17]] precautions, including masks, respirators, education, ventilation, dust control, and substitution, to|
18 || prevent asbestos-related diseases, was known as early as the 1930s, as referenced in articles

19 || contained in my Bibliography, including Merewether ERA, Price CW, Report on Effects of

20 || Asbestos Dust on the Lungs and Dust Suppression in the Asbestos Industry, His Majesty's

21 f{ Stationery Office, London, 1930, pp. 1-34.. Many of the preventive techniques to address

22} asbestos exposures ate still in use today as standard industrial hygiene. Farther, based upon my

23 || research, education, experience, and the articles referenced in my bibliography, it is my
24 | professional opinion that it was clear by 1952 that, regardless of the setting, a person exposed to
en

25 airborne asbestos was at an increased risk of developing cancer.

26 8. Based on my above mentioned experience and training, and bistorical review, in my
en 21 opinion a brief summary of only a few of the many articles I have studied indicates the following

28 || about the historical state of knowledge about the hazards of asbestos:

Kslahueazas Colne SHAW 3 xe

DECLARATION OF RICHARD COHEN, M.D, M?.H,, [N SUPPORT OF PLAINTIFFS" OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTIOX BOR SUMMARY IUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONa. As early as 1898, the Annual Report of the Chief Inspector of Factories and
Workshops in England identified increased health problems among workers in asbestos textile
mills.

b. In 1924, Cooke wrote an article in the British Medical Journal titled “Fibrosis of the
Lungs Due to the Inhalation of Asbestos Dust".

¢. In 1931 an article was published in the magazine Safety Engineering, which was a
publication intended for people who had responsibility for preventing injury and illness. This
article, titled "The Very Least an Employer Should Know About Dust and Fume Diseases," lists
a number of conditions under which breathing of dust is seriously harmful, That list includes the
entry: "Asbestos and every operation in which it is used."

d. In 1934, in an article titled "Pulmonary Asbestosis" published in The Lancet, two
physicians reported 100 cases of people with asbestosis. The occupations of the people involved
revealed that it was not only workers in the asbestos textile factories who developed asbestosis,
but also people who worked with asbestos in other applications. The significance of the article is|
that it demonstrated that what was important was not the job or its location, or the product
involved, but the fact that one had inhaled asbestos dust.

e. A publication by the Commonwealth of Pennsylvania, Department of Labor and
Industry, in 1935, titled “Asbestosis,” was remarkable because it contained a bibliography of
over 100 reference works pertaining to asbestos related disease. The significance of the article is
that as of 1935, a doctor in the U.S. ina relatively small town, Harrisburg, PA., could become
aware of over 100 articles published about asbestos and discase and written in various languages.

f. In 1944 an editorial in the Journal of the American Medical Association identified
asbestos as one of the causes of environmental cancer, The significance of the article is that by
this time in 1944, credible and respected authoritics in the medical community considered that
asbestos was suspected of or known to cause cancer,

g. In 1949 an article appeared in Scientific American titled “Cancer and the
Environment.” It was one of the first articles to appear in the popular media to discuss the
W

‘age enongrecncomanitent 4 ns
DECLARATIOK OF RICHARD COHEN, M.D., M.P.H., IM SUPPORT OF PLAINTIFFS’ OPPOSITION TO. DEFENDANT ROE ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY ‘ JUDGMENT OR, ALTERN, TERNATIVELY, SUMMARY ADIUIDIny
co

eC wa DA FP YY

moe ee Ee ee
aA uh @ Ne DS

subject of asbestos being a possible cause of cancer. I have also found reference to asbestos as a
cause of cancer in newspaper articles as early as 1949,

h. In 1950, Dr. Hueper, the Chief of the Carcinogenic Study Section, National Cancer
Institute, National Institute of Health, published a monograph titled "A Methodology for
Environmental and Occupational Cancer Surveys” in Public Health Technical Monograph No. |,
1950. In that article he listed agents, chemicals, metals, dusts, etc. which were known to cause
cancer. Among those substances was asbestos. Under asbestos he listed various asbestos-related
trades or jobs that he considered to be at increased risk for cancer because they involved asbestos
exposure. The significance of the article is that it reveals that there was a cancer concern not

only for the asbestos factory workers, but for other trades exposed to asbestos working with

eee
oe 2

21

asbestos containing products. Among the at-risk trades identified by Dr. Hueper were: asbestos
construction material workers, asbestos insulation workers, asbestos brake lining workers, people)
that use asbestos brake lining, carpenters, plumbers, roofers, gasket makers, insulation workers
(pipe and boiler), and pump packing mechanics.

I By 1952 the Encyclopedia Britannica contained an entry indicating that asbestos is a
cause of cancer.

j. By 1958 the American Conference of Governmental Industrial Hygienists had.
established a maximum atmospheric concentration for asbestos dust of five million particles per
cubic foot of air. This amount of asbestos in the air was then known not to be visible and could
only be detected by air sampling measurements.

k. In 1960, Dr. Wagner published a study of mesothelioma victims in South Africa, His
study unequivocally established asbestos as the cause of mesothelioma.

1. In 1964 Dr. Selikoff ‘published his seminal article on asbestos disease in insulation
workers. He performed the first large scale asbestos mortality study and reported increased rates
of death from lung cancer, mesothelioma, asbestosis, and gastrointestinal cancer. In addition to
its scientific contribution, it was politically and socially significant becanse itreceived
widespread media exposure. It was reported to American newspapers by the Associated Press
wire service and brought public attention to the health risks associated with asbestos.

‘Astana Coles, SAW 5 Lt

DECLARATION OF RICHARD COWEN MD. MTT. IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROBFRTSHAW
(ROLS COMPANY’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION|

wow aA nM & BN

Se ee ee eee
nua A er WN YD

9. Based on my above mentioned experience and training, and historical review, Ican
further state the following facts about the historical knowledge of the dangers of asbestos:

By the 1960s, there were at least 300 articles published in English concerning the hazards
of asbestos. There were a similar number published in foreign Janguages.

In the late 1920s and certainly by the 1930s it was clear that breathing asbestos dust
caused asbestosis. Dr. Merewether's report in 1930, published by the British government, lists
various actions that he recommended to prevent the disease. Other publications in the 1930s
indicate clearly that pcople at that time understood that they could prevent the disease by
preventing individuals from breathing the dust. They suggested this could be done by either
eliminating the dust at its source or by providing gas masks as breathing protection. In the late
1940s and carly 1950s it became clear that asbestos could cause asbestosis in a large variety of
settings. It was demonstrated clearly in the literature by the eatly 1950s that asbestos related
disease could occur in any locale or with any task or with any product involving sufficient
asbestos exposure. :

Information regarding asbestos hazards, as well as remedial steps to eliminate or reduce
those hazards, was not confined to those involved in academia or medical research. The
availability of information to business and industry is illustrated by documents generated by
private industry dating from the 1930s:

a. The 1935 Minutes of the Medical and Surgical Section of the American Association o!
Railroads show that the physicians who were responsible for medical issues among railroad.
employees discussed exposure to asbestos and related risk to railroad workers. They included
discussion of preventive measures that are still used today, including: using masks to filter the
air; using techniques to wet down the dust lying on the floor so it doesn't get re-circulated; using
apparatus that would pull the dust away from the worker, and doing medical exams on the
workers to determine if they are sufficiently protected from asbestos so as to not develop
asbestos related disease. The historical state of the art evolved in such a way that it was clear in
i
“it

Cobeo SHAW: 6 aus

DECLARATION OF RICHARD COHEN, MD, MPL, IN SUPPORT OF PLAINTIFFS OPPOSITION 10 DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONeed mh PF WN

Ras a i
SS >A & wR YW NY |

21

the early 50s that people performing tasks or in situations that generated airborne asbestos,
regardless of the product involved, including workers in the insulation trades, were going to be at|
tisk for asbestos-related disease.

b. In 1937, Roy Bonsib conducted a study of dust hazards present in the oil refinery
setting on behalf of Standard Oil Company of New Jersey. He included asbestos as a hazardous
dust and noted the greater level of hazard presented by the removal of asbestos insulation
materials. He recommended the use of well-recognized procedures to minimize the creation of
dust and reduce or eliminate exposures to hazardous dust(asbestos) including engineering
controls, wet down, containment, isolation of work, and the use of respirators.

c. Besides what was knowable through medical and industrial hygiene literature and.
industry publications, businesses in California for example were additionally on notice as to the”
hazards of asbestos from an early point in time by.virtue of various goveramental regulations and
orders. Commencing in the 1930s, the California General Industry Safety Orders prescribed
procedures for minimizing exposure to asbestos dust including requirements for exbausting
asbestos dust, dust suppression procedures, and isolation of dust-creating work from other
workers. After the creation of OSHA in 197], federal exposure standards regarding asbestos
were imposed commencing in 1971. These regulations were published expressly to notify those
working with asbestos containing material of its hazards and the precautions which were
necessary to be employed to reduce the risk of hannful exposures. The regulations included
descriptions of the previously-described protective measures that should be followed to eliminate|
or minimize exposures and which had been recognized and recommended since at least the
1930s, :

10. Based upon my background, training, knowledge and the information referenced
above, it is my opinion that by the carly 1960s, a control contractor that routinely disturbs
asbestos containing insulation and fireproofing in order to perform its work should have been
aware, and most likely was aware, of health hazards associated with occupational exposure to

asbestos. Information was readily available in the late 1950s and 1960s conceming the health
hazards of asbestos sure and the associated increased risk of developing an ash: rel

KMijeOASSWolt or R Cokes SHAW.wped 7 xis
DECLARATION OF RICHARD COHEN MD. MPH. IN SUPPORT OF PLAINTIFES OPPOSITION TQ DEFENDANT ROBERTSHAW
CONTROLS COMPANT?S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARYoem WD FY ON

eee
er F BR GH = Ss

disease. Information regarding the substantial health risks associated with exposure to airborne

asbestos was readily available by the early 1960s and only become more readily available over
the course of time. Equally available was information about measures to reduce the creation of
dust and eliminate or reduce the exposure to dust that was created, By the early 1960s a control
contractor located in California and subject to California General Industry Safety Orders had
ready access. to information regarding methods for mitigating exposures and could have
implemented them.

11. Ihave also reviewed the declaration of Robert Cantley in Support of Opposition to
ROBERTSHAW CONTROLS COMPANY’S Motion for Summary Judgment. Mr. Cantley
declares that while he was working as an insulator in the 1960s and carly 1970s he saw
ROBERTSHAW employees disturbing asbestos containing fireproofing and insulation in Mr.
PETERSON’s presence on multiple occasions, when they were installing tubing for their control
work. Mr. Cantley declares that this work generated a lot of visible dust. This circumstance
makes it highly likely that Mr. PETERSON was exposed to substantial levels of airborne
asbestos dust, well above and in addition to ambient air levels, from these activities. Their work
generated visible dust which makes it more likely than not that Mr. PETERSON was exposed to
substantial levels of airborne ashestos dust, well above ambient air levels, from these activities.

12. There is no reliable scientific method for segregating out which asbestos exposures
that Mr. PETERSON suffered were a substantial factor in causing his illness and which ones
were not. Instead, for most individuals who contract an asbestos-related illness, they suffer a
number of exposures from several sources over a long period of time. It is the cumulative
exposure to asbestos which causes asbestos-related disease. Due to the long latency period
for asbestos-related ilinesses, it is impossible to exclude any exposures from being a substantial
factor in causing the illness. In my opinion, any exposures that Mr. PETERSON suffered that
were in addition to ambient air levels would, on a more likely than not basis, have been a
substantial factor in causing his disease.

13. It is equally impossible to cxclude any particular type of asbestos fiber as causing
disease, as people are exposed to more than one type of asbestos fiber over their lifetime, and

sharma cob LAC 8 KLE

OF RICHARD COHEN, M.D. MPIC, IN SUPPORT OF SLAINTIFFS OF FOSITION TO DEFENDANT ROBURTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMAR’because chrysotile fibers are more readily cleared from the lungs than other types of asbestos
fibers, making tissue concentration values inaccurate in determining causation. Variations in
individual susceptibility also make it impossible to identify any given quantum of fibers as more
significant than any other quantum.

14. When a person, such as Mr. PETERSON, contracts an asbestos-related disease, after
exposures to multiple asbestos-containing products, given sufficient minimum latency, each and
every exposure contributes to the person's total dose that caused the asbestos related disease.
‘Thus, all the asbestos to which a person is exposed to given sufficient minimum latency
contributed to cause mesothelioma. Given sufficient minimum latency, there is no scientific
basis upon which one can look back and exclude some exposures and incinde other exposures as
being causally related to the asbestos-related disease which the caused decedent's death,

"15, Based on my education, training, and experience as an Occupational and Preventive
Medicine specialist and Epidemiology expert, it is my opinion that any asbestos exposure that
Mr. PETERSON suffered that was in addition to ambient air levels would, oa a more likely than
not basis, have been a substantial factor in cansing him to suffer from his asbestos related
disease.

16, All of my opinions above are given are given to a reasonable degree of scientific
certainty based on the facts that exist in this matter, my knowledge, skill and training, wy
historical review, and upon facts and methodologies reasonably relied upon by experts in my
field of occupational and preventative medicine.

J declare under penalty of pexjury under the laws of the State of California that the
foregoing is true and correct.

Executed on December 21, 2011 at Saratoga, CA.

Richard Cohen 2g-wsmrnere

MD MPH teanartess
Richard Cohen, M.D., MPA.

Eupemuereer cies 9 Kes
IECLARATION OF RICHARD. AP. OF PLAINTIFFS’ OFPOSTTION TO DEFENDANT KOBERTSHAW

DOM TIL TSUPORT
CONTROLS COMPANY'S MOTICN POR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONoO

wow N A uM Pw Ne

Bee ee ee ee
oa A wh fF WY NY SS OC

19

handling the asbestos, but also for other trades who worked nearby who would breathe the same
air, such as electricians, plumbers and carpenters,

30. By the late 1960's “neighborhood cases” of mesothelioma were reported from.
Pennsylvania by Lieben and from London by Newhouse. These were people that lived in the
neighborhood(within 4% mile) of asbestos plants who breathed in asbestos from the
“neighborhood” air and developed mesothelioma.

31. In the late 1960's and early 1970's reports appeared from the International Agency
for Research on Cancer (IARC). This agency is the premier scientific body for evaluating

. whether a substance is cancer causing. The agency looked at asbestos and found that it was a

cause of hing cancer and mesothelioma. It confirmed that all three asbestos fiber types, amosite,
chrysotile and crocidolite, cause mesothelioma. More research in the 1960's also concluded that
relatively short exposures to asbestos can cause mesothelioma.

32. In 1971 the Occupational Safety and Health Administration (OSHA) started
regulating asbestos exposure,

33. Conclusions:

It is my professional opinion that Perini Corporation knew or should have known before
1962 that:

1) Asbestos was a dangerous dust that could cause fatal {ung disease and cancer.

2) Dust controls were necessary when working with asbestos containing drywall joint
compound.

3) Waming regarding asbestos dust hazard and control should have occured when
construction workers were in an area where asbestos containing materials were being used,
including, mixing and applying joint compounds were being mixed, insulation was being cut,
manipulated applied and firespray was being applied of disturbed to enable the workers to avoid
exposure to asbestos fibers which had become airborne.

4) Work by different trades needed to be managed in such a way as to reduce or avoid
exposure to dust from manipulating asbestos containing building materials.

ii

KeAlnfuresn 13234 olen PPRCOR. OSE RUB
DECLARA: [ARD COHEN, M.! SUPPORT OF PLAINTIFRS OPPOSITION FENDANT PERIN]
ECT ATIONS MOTION FOR: Ee OR, INTHE ALTERNATIVE, SUMMARY ADJUDICATIONSS oa eS

RRS OO

st

ay
BS

2

w_8

oe

eo

pst

By

5} The work site needed to be kept clean 90 that there was ap build up of sesidue of
ashestoa containing debris which would become aishorne and entruined from foot taffic and
machinery, thereby exposing workers to asbestos exposore.

9 fetes nosed te eneued done proper pecmotns tose we andg
Agbesins coninining construction enotetinls in un effort to reduce or eliminate expomures fo
ashestas,

My professional opinions are buacd on & reasonable degree of medicalsaientific
certainty,

I declare under ponalty of ptsjury under the lawa of the States of California, thet she
forogolng is true and corréot.

Executed on_ October 20,2010, in Sxveed 72> GqColiforat

BY FAXEXHIBIT J

TO THE DECLARATION OF PAUL S. LECKY IN
SUPPORT OF DEFENDANT JOHNSON
CONTROLS, INC’S MOTION FOR SUMMARY
JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATIONCe WN DH HW Rh YW NH

Po
- oO

F I

Superior Coort of Catifornia’

OF Gaps Exnefengy

MAY - 3 2012

me IK OF THE COURT
, DepuipClerie

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

EUGENE MILLARD, ; Case No. CGC-09-275091
Plaintiff, ORDER GRANTING DEFENDANT
ROBERTSHAW CONTROLS COMPANY'S
Vv. MOTION FOR SUMMARY JUDGMENT

ASBESTOS DEFENDANTS, et al,
Defendants, ;

ROBERTSHAW CONTROLS COMPANY’s Motion for Summary Judgment or, in the
Alternative, Summary Adjudication, came on regularly for hearing on April 26, 2012, in
Department 503 of the above-captioned Court. Plaintiff and defendant appeared by their counsel
of record.

Having considered all papers and evidence submitted, and references reasonably
deducible therefrom, the Court determines that defendant ROBERTSHAW CONTROLS
COMPANY’s Motion for Summary Judgment is GRANTED.

Defendant sustained its burden of demonstrating that the sophisticated user defense is
applicable and plaintiff failed to present evidence creating a triable issue whether plaintiff was not
a sophisticated user.

IT IS THEREFORE ORDERED that the Motion for Summary Judgment of Defendant

ORDER GRANTING DEFENDANT ROBERTSHAW CONTROLS COMPANY'S MOTION FOR
SUMMARY JUDGMENTbe

Robertshaw Controls Company is GRANTED.

Dated: 5 fale . [truss * Jee
Teri L, Jatkson

Judge of the Superior Court

Oo om UW hl ke we

-2-

ORDER GRANTING DEFENDANT ROBERTSHAW CONTROLS COMPANY'S MOTION FOR
SUMMARY JUDGMENTSuperior Court of California
County of San Francisco

EUGENE MILLARD, Case Number: CGC-09-275091

Plaintiffs) CERTIFICATE OF ELECTRONIC SERVICE

(CCP 1013(a) & CRC 2060(c))
VS.

ASBESTOS DEFENDANTS, et al.,
Defendant(s)

I, Audrey Huie, a Deputy Clerk of the Superior Court of the County of San Francisco,
certify that I am not a party to the within action.
On May 3, 2012, I electronically served ORDER GRANTING DEFENDANT
ROBERTSHAW CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT
via LexisNexis File & Serve on the recipients designated on the Transaction Receipt located on

the LexisNexis File & Serve website.

Dated: May 3, 2012

CLERK OF THE COURT,
4
By: Cas
. Andrey Huy, uty Clerk

CERTIFICATE OF ELECTRONIC SERVICEEXHIBIT K

TO THE DECLARATION OF PAULS. LECKY IN
_SUPPORT OF DEFENDANT JOHNSON
CONTROLS, INC.’S MOTION FOR SUMMARY
JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATIONALAN R. BRAYTON, ESQ., S.B. #73685
ERIC C. SOLOMON, ESQ, 8.B. #119131

2) BRAYTON¢PURCELL LLP
Attorneys at Law
3] 222 Rush Landing Road
P.O. Box 6169
4) Novato, California 94948
(415) 898-1555
5
Attorneys for Plaintiffs
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 || ROBERT ROSS and JEAN ROSS, ) ASBESTOS
No, CGC-10-275731
12 Plaintiffs,
SUPPLEMENTAL/AMENDED
a, 3 13 ff vs. ; RESPONSES TO INTERROGATORIES
3 3 = 34] C.c. MOORE & CO. ENGINEERS;
j BEE 833 Defendants as Reflected on Exhibit 1
: 3y822% 15] attached to the Summary Complaint
ee5883 herein; and DOES 1-8500. J
$ z B=52 16
Re g
2 “8 = 17 PROPOUNDING PARTY: STANDARD ASBESTOS CASE INTERROGATORIES
a
18/ RESPONDING PARTY: _ Plaintiff ROBERT ROSS
19] SET NOGS).: ONE (1)
20 Plaintiff supplements/amends his Responses to Standard Asbestos Case Interrogatories,
: 214 Set One, No. 26 and/or 36, as follows:
22 | SUPPLEMENTAL/AMENDED RESPONSE: Plaintiff incorporates by reference as though
23 || fully set forth herein, all work history jobsites, exposures, co-workers and related information
24 || identified in the attached Exhibit A, and plaintiff references and incorporates herein all
25 |! Defendant Specific and-Special Interrogatory Responses to follow in this case.
_ 26] Dated: _ 10/25 j20 {2 BRAYTON*PURCELL LLP
27
By:
28 Eric C, Solomon
Attorneys for Plaintiffs
‘Killnjuree 19349\pld\/ -supsac3.wpd ] ECSoo YA WF WwW HN

10

Location of Exposure

Employer Exposure Job Title Dates

AC&S Insulation AEC-Lawrence Livermore Insulator 8/1960-7/1961;

P.O. Box 1268 Laboratory (Foreman) 10/1961-6/1962;

Lancaster, PA Livermore, CA, Cont onand
o!

Job Duties: Plaintiff installed JOHNS-MANVILLE ILLE TRUST) 301 cement.

CAHILL CONSTRUCTION (CAHILL CONSTRUCTION CO., INC.) was the general
contractor which employed contractor which employed laborers who were sweeping and
shoveling insulation, (including All Purpose insulation cement, Kaylo pipecovering, 85%
magnesia pipecovering, 85% ia insulation cements, and foam) drywall debris and
fireproofing near plaintiff. L.J, KRUSE COMPANY fabricated heating piping in proximity to
plaintiff. Plaintiff recalls working near sheet metal workers and electricians. Plumbers
pipefitters from L.J. KRUSE COMPANY were installin valves pum s and gaskets. Plaintiff
recalls that MORAN SUPPLY (D/C DISTRIBUTION CORPORATION) furnished the
asbestos-containing gaskets. Plaintiff worked in proximity to asbestos-containing PACO
TEXTURES (KE) MOORE PAINT COMP. Y) taping compound that was sanded in his
presence by employees of GOLDEN GATE DRYWALL, INC. Plaintiff observed D.
ZELINSK* . ZELINSKY & SONS, INC.) painters who were sanding asbestos-containing
PACO IRES (KELLY MOORE P. COMPANY) taping and joint compound on
interior walls, which also spread visible dust throughout plaintiff's work areas. Plaintiff worked
in proximity to CONTRA COSTA ELECTRIC personnel connected ping. and control panels
disturbed overhead fireproofing while setting conduit supports. JOHNSON CONTROLS

technicians disturbed asbestos-containing overhead fireproofing while setting their control
tubing in plaintiff's presence. Plaintiff recalls the following supervisor: Bill Pollock
(decease . Plaintiff recalls the following co-workers: Robert Cantley (c/o BraytonPurcell

P), Mike Caylor (c/o Brayton¢Purcell LLP); Geoff Millar (c/o Brayton¢Purcell LLP); Larry
Sublett (c/o Brayton*Purcell LLP); Earl Beck (deceased), Arvis Duncan (deceased); Bemie
DeCoss (deceased); Harry Barnes (deceased); Laurance Hagen (c/o Brayton*Purce I LLP).
Plaintiff currently contends that he was exposed to asbestos during this employment.

Location of Exposure

Employer Exposure Job Ti Dates

AC&S Insulation Bank of America Insulator 8/1960-7/1961;

P.O. Box 1268 San Francisco, CA (Foreman) 10/1961-6/1962;

Lancaster, PA (J South Van Ness Avenue) 5/1965-12/1966
(3 months, on and
off)

Job Duties: Plaintiff d duct in the mechanical rooms and used Styrofoam and KAYLO

(OWENS CORNING FI RGLAS) ipecoverin , JOHNS-MANVILLE (MANVILLE
TRUST) 301 cement, and EAGLE-PICHER. ‘ARMSTRONG AMERICAN TERAZZO cut and
installed asbestos-containing KENTILE ILE FLOORS, INC.) vinyl asbestos tile on _
floors in plaintiff's presence and used HENRY’s (W.W, HENRY COMPANY, THE) Mastic to
adhere the floor tile. Plasterers would pour the powder into the cement mixer and dust would
fy everywhere and get on his clothes and skin. Plaintiff observed work to a KEWANEE
« AKFABCO, INC.) boiler at this project. ATLAS HEATING AND VENTILATING
‘OMPANY, LTD. and ANDERSON, ROWE & BUCKLEY, INC. employed sheetmetal
workers and pipefitters who were disturbing overhead fi fing wi ile setting pipeand duct
supports and installing GARLOCK (GARLOCK SEALING TECHNOLOGEES, LLC) gaskets
and valve packings. JOHNSON CONTROLS disturbed the asbestos-containing overhead WR
GRACE Monokote sprayed fireproofing while affixing contro] tubing near plaintiff. GOLDEN
GATE DRYWALL tapers and sanders applied and sanded asbestos-containing PACO

KAlnjured\19349\pla\Al-supsac3.wpd 23 ECSOo OANA HH FF wB HK

NN Dm i a a ee
Ny = FS © eB NYA UH RF WKH YE DS

23

TEXTURES (KELLY-MOORE PAINT COMPANY) ‘aping mud in the presence of plaintiff
and his crew. Plaintiff recalls the following supervisor: Beck (deceased). Plaintiff recalls
the following co-workers: Robert Cantley (c/o Brayton*Purcell '); Joseph O’ Balle (c/o
Brayton¢Purcell LLP); Ed Gardner, Sunnyvale, California. Plaintiff currently contends that he
was exposed to asbestos during this employment.

Location of Exposure

Employer Exposure Job Title Dates

AC&S Insulation Georgia Pacific Insulator 8/1960-7/1961;

P.O. Box 1268 Samoa, CA (Foreman) 10/1961-6/1962;

Lancaster, PA 5/1965-12/1966
(month, on and
a

Job Duties: Plaintiff applied KAYLO (OWENS CORNING FIBERGLAS) pipe insulation,

PABCO (FIBREBOARD CORPORATION) block insulation and JOHNS TLLE

ILLE TRUST) 301 cement during a remodel project. Plaintiff used FOSTERS _
AYER CROPSCIENCE INC.) adhesive. Plaintiff observed his supervisor Wesley Emil

obtain asbestos-containing pipecovering from GEORGIA PACIFIC. Plaintiff cut and installed
that pipecovering. Plaintiff recalls GEORGIA PACIFIC pipefitters installing pipes, valves and
pumps, and using gaskets and valve and pump pecking. oilermakers were working on a boiler
in plaintiff's work spaces. Plaintiff s working near welders and near GEORGIA PACIFIC
laborers who were sweeping up asbestos-containing dust and debris. Plaintiff recalls the
following supervisors: Wesley Emil (deceased, Gardner, Sunnyvale, California. Plaintiff
recalls the following co-worker: Robert Calvillo (c/o Brayton*Purcell LLP); Donald Cox (c/o
Brayton*Purcell LLP); Wesley Amel (deceased). Plaintiff currently contends that he was
exposed to asbestos during this employment.

Location of Exposure
Employer Exposure Job Title Dates

AC&S Insulation University of California Insulator 8/1960-7/1961,;
P.O. Box 1268 Berkeley, CA 10/1961-6/1962;
Lancaster, PA 5/1965-12/1966

Job Duties: Plaintiff worked on several remodel projects. RUDOLPH & SLETTEN was the
general contractor on at least one of the projects. DINWIDDIE CONSTRUCTION served as
general contractor on at least one of the projects. Laborers employed by these contractors swept
asbestos-containing Freproofing: and insulation debris in plaintiff's presence ona daily
basis. MONTEREY MEC. ICAL was the mechanical contractor on multiple projects.
Each of these plumbing and mechanical contractors disturbed asbestos-containing overhead
ofing in plaintifi’s presence while setting their pipe and duct supports. JOHNSON __
col OLS technicians disturbed the overhead fireproofing while setting their control tubing
in plaintiff's work spaces. Robert Cantley ‘c/o Brayton**Purcell LLP) was a co-worker and
supervisor. Ed Juelson was one of the NV HEATHORN foremen. ‘Plaintiff currently contends
that he was exposed to asbestos during this employment.

Location of Exposure
Employer Exposure Job Title Dates
AC&S Insulation San Francisco International Insulator 5/1965-12/1966
P.O. Box 1268 Airport (1 and % weeks)
Lancaster, PA San Francisco, CA

K\Alnjured\1934%1pld\AL-supsac3.wpd 24 ECSasbestos-containing overhead fireproofing while setting their controls tubing near p!

Job Duties: Plaintiff worked on multiple projects. RUDOLPH AND SLETTEN served as
general contractor on one or more of these projects. PERINI CORPORATION served as
general contractor on one or more of these projects. Laborers of these general contractors

up asbestos-containing fireproofing, insulation, and drywall mud debris in plaintiff's work
areas, on a regular basis. F.W. SPENCER acted as mechanical contractor on one or more of
these projects. Employees of these two mechanical contractors d