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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William M. Hake, Esq. (State Bar No. 110956) Melissa D. Ippolito, Esq. (State Bar No. 239811) Kathryn L. Hoff, Esq. (State Bar No. 260420) HAKE LAW, A PROFESSIONAL CORPORATION ELECTRONICAULY FILED Superior Court of Califprnia, Hakr Law, A PROFESSIONAL CORPORATION Oo sD ‘Oo 10 ul 2 1B 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 655 Montgomery Street, Suite 1000 San Francisco, CA 94111 Tel: 415-926-5800 Fax: 415-926-5801 bill@hakelaw.com melissa@hakelaw.com tucy@hakelaw.com Attorneys for Defendant COLLINS ELECTRICAL COMPANY, INC, SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS AND JEAN ROSS, Plaintiffs, VS. C.C. MOORE & CO., ENGINEERS, et al., Defendants. County of San Francisco FEB 22 2013 Clerk of the Court BY: WESLEY G. RAM/REZ Deputy Clerk Case No.: CGC-10-27573 1 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT COLLINS ELECTRICAL COMPANY, INC’S MOTION FOR SUMMARY JUDGMENT Hearing Date: May 9, 2013 Time: 9:30 a.m. Judge: Hon. Teri Jackson Dept.: 503 Complaint: December 17, 2010 Trial Date: June 10, 2013 Supporting Evidence Moving Party’s Undisputed Material Facts and Opposing Party’s Response Plaintiffs filed a Third Amended Complaint on May 11, 2012, wherein Plaintiffs claim Plaintiff Robert Ross (“ROSS”) had been diagnosed with colon cancer and that the cancer was caused by his alleged exposure to asbestos attributable to the defendants named herein. Supporting Evidence: Plaintiffs’ Third Amended Complaint filed May 11, 2012, attached as Exhibit B to the Declaration of Melissa D. Ippolito, Esq. (hereinafter referred to as “Decl, of Ippolito”). | SEPARATE STATEMENT OF" UNDISPUTED MA’ TERIAL FACTS ‘SUPPORT OF DEFENDANT COLT] ELECTRICAL COMPANY, INC’S MOTION FOR SUMMARY JUDGMENTHakr Law, A PROFESSIONAL CORPORATION Moving Party’s Undisputed Material Facts and Opposing Party’s Response Supporting Evidence The Third Amended Complaint alleges the following causes of action against this defendant: Negligence, Strict Liability, Loss of Consortium and Premises Owner/Contractor Liability. Supporting Evidence: Plaintiffs’ Third Amended Complaint filed May 11, 2012, attached as Exhibit B to the Decl. of Ippolito. Defendant answered the Third Amended Complaint with a general denial and asserted affirmative defenses. Supporting Evidence: Defendant’s Answer to the Third Amended Complaint, attached as Exhibit C to the Decl. of Ippolito. Plaintiffs dismissed the cause of action for Strict Liability and the claims arising from the May 2009 diagnosis of asbestosis and asbestos-related pleural disease. Supporting Evidence: Request for Dismissal, attached as Exhibit D to the Decl. of Ippolito. Plaintiffs sought leave of court to add an asbestosis claim when filing the Third Amended Complaint; the court rejected the asbestosis claim as that claim was included in a prior lawsuit adjudicated in this same court. Supporting Evidence: Notice of Entry of Order Granting in part and Denying in part Leave to File Third Amended Complaint, filed on May 11, 2012, attached as Exhibit A to the Decl. of Ippolito: and Order Granting Defendant Temporary Plant Cleaners, Inc.’s Motion to Strike Portions of Plaintiff's Third Amended Complaint, attached as Exhibit E to the Decl. of Ippolito. Upon review and staining of pathology slides, Dr. Sheibani confirmed ROSS’s diagnosis of invasive adenocarcinoma of the colon, which had originated from a pre-existing benign polyp. Supporting Evidence: Declaration of Khalil Sheibani, M.D. at 2:22-24. Dr. Sheibani is of the opinion that there is no causal relationship between colorectal polyps and asbestos exposure, and there is no increased risk of colorectal polyps in individuals who have been exposed to asbestos. Supporting Evidence: Declaration of Khalil Sheibani, M.D. at 3:3-5. | SEPARATE STA’ ATEMENT OF UNDISPUTED MA’ TERIAL FACTS ‘SUPPORT OF DEFENDANT COLT] ELECTRICAL COMPANY, INC’S MOTION FOR SUMMARY JUDGMENTHakr Law, A PROFESSIONAL CORPORATION Moving Party’s Undisputed Material Facts and Opposing Party’s Response Supporting Evidence Dr. Sheibani found no evidence of asbestos bodies in ROSS’s colon tissue. Supporting Evidence: Declaration of Khalil Sheibani, M.D, at 3:14-15. Dr. Sheibani opines, based on the established scientific facts in medical literature, his experience and research in. the field of oncologic pathology, and objective findings in the histologic sections prepared from ROSS’s colon tissue that showed transformation of benign polyp to cancer, as well as the absence of asbestos bodies, that to a reasonable degree of medical certainty ROSS’s colon cancer originated from a pre-existing polyp and the polyp is the cause of the cancer. Supporting Evidence: Declaration of Khalil Sheibani, M.D. at 3:16-22. 10. Dr. Sheibani also opines that the cause of ROSS’s colon cancer is unrelated to any alleged asbestos exposure. Supporting Evidence: Declaration of Khalil Sheibani, M.D. at 3:22-24, il. Dr. Morgan opines that to a degree of medical and scientific certainty, the evidence does not support a relationship or causal connection between asbestos exposure and colon cancer. Supporting Evidence: Declaration of Robert W. Morgan, M.D. at 4: 1-2. 12. Dr. Morgan further opines that asbestos exposure neither caused nor contributed to ROSS’s cancer. Supporting Evidence: Declaration of Robert W. Morgan, M.D. at 4:3-4. 13. Dr, Morgan agrees with the Institute of Medicine of the National Academies (“IOM”) that there is no causal relationship between asbestos and colorectal cancer. Supporting Evidence: Declaration of Robert W. Morgan, M.D. at 3:20-21. | SEPARATE STA’ ATEMENT OF UNDISPUTED MA’ TERIAL FACTS ‘SUPPORT OF DEFENDANT COLT] ELECTRICAL COMPANY, INC’S MOTION FOR SUMMARY JUDGMENTHakr Law, A PROFESSIONAL CORPORATION Moving Party’s Undisputed Material Facts and Opposing Party’s Response 14, Supporting Evidence The IOM conducted an exhaustive review of scientific studies and tests on the issue and determined that there is not a sufficient scientific basis to support a designation of causality between asbestos exposure and colon cancer. Supporting Evidence: Institute of Medicine of the National Academies, National Academy of Sciences, Committee on Asbestos, Asbestos: Selected Cancers, Washington, DC: National Academies Press; 2006, at pg. 10, attached as Exhibit D to the Declaration of Robert W. Morgan, M.D. 15. There are many causal factors for colon cancer that are not asbestos related, such as diet, exercise, smoking and alcohol consumption. Supporting Evidence: Institute of Medicine of the National Academies, National Academy of Sciences, Committee on Asbestos, Ashestos: Selected Cancers, Washington, DC: National Academies Press; 2006, at pg. 216, attached as Exhibit D to the Declaration of Robert W. Morgan, M.D. Respectfully Submitted, Dated: February 21, 2013 HAKE LAW, | SEPARATE STA’ A PROFESSIONAL CORPORATION By: __/s/ Melissa D. Ippolito William M. Hake, Esq. Melissa D. Ippolito, Esq. Kathryn L. Hoff, Esq. Attorneys for Defendant COLLINS ELECTRICAL COMPANY, INC. ATEMENT OF UNDISPUTED MA’ TERIAL FACTS ‘SUPPORT OF DEFENDANT COLT] ELECTRICAL COMPANY, INC’S MOTION FOR SUMMARY JUDGMENT