Motion-Secondary: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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28

BUTY& CURLIANO LLP
585-12" Sreect
1200

MADELINE L. BUTY [SBN 157186]
GEORGE S. SULLIVAN [SBN 187793]

BUTY & CURLIANO LLP
555 ~ 12" Street, Suite 1280 ELECTRONICALLY
Oakland, California 94607 FILED

Tel: 510.267.3000 Super ‘torn
iperior Court of California,
Fax: 510.267.0117 C f San Franci:
Email: mlb@pbutycurliano.com FEB 22 2013.
jsullivan@butycurliano.com Clerk of the Court

BY: WESLEY G. RAMIREZ

Attorneys for Defendant Deputy Clerk}

S.J. AMOROSO CONSTRUCTION CO,, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS, No. CGC-10-275731
Plaintiffs, EXHIBITS “E” THRU “N” TO
DECLARATION OF GEORGE S.
v. SULLIVAN IN SUPPORT OF

DEFENDANT S.J. AMOROSO
CONSTRUCTION CO., INC.’S MOTION
FOR SUMMARY JUDGMENT OR,
ALTERNATIVELY, SUMMARY
ADJUDICATION

C.C. MOORE & CO. ENGINEERS; et al.,
Defendants.

Date: May 9, 2013

Time: 9:30 a.m.

Dept: 503

Trial: June 10, 2013

Ne et a ae ee et ee a el el a a Ne ee

EXHIBITS “E” THRU “N” TO DECLARATION OF GEORGE S, SULLIVAN IN SUPPORT OF DEFENDANT S.J.
AMOROSO CONSTRUCTION CO., INC.’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY,
SUMMARY ADJUDICATIONEXHIBIT “E”SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
~-000--
ROBERT ROSS and JEAN ROSS,
Plaintiffs,
vs. NO. 275731

C.C, MOORE & CO. ENGINEERS,
et al.,

Defendants.

DISCOVERY DEPOSITION OF ROBERT ROSS
{Volume IV)

(Pages 562 through 815, inclusive)

Taken before RICHARD LENZI
CSR NO. 2564

July 15, 2011

Aiken Welch Reporters Robert Ross 07/15/2011

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+ A. Yes, ma'am.

2 Q. Great. Returning to the Fairmont Hotel.
2 Other than Robert Cantley can you recall any other
4 co-workers or supervisors?

= A. No.

6 Q. Was Robert Cantley the foreman on this

7 job?

8 A. I can't remember if I was or he was. I

° just know -- all I can remember we were there
40 together. He was the foreman. He ends up being
ut the foreman.

2 Q. What work were you doing at this job site?|
13 A. Insulating pipe. Wrapping duct. Had to
u wrap duct and insulate pipe above the ceilings.

is Q. Did you do anything else on this job?

36 A. Besides wrap duct and insulate pipe, no,
v7 ma'am.

18 Q. And I am going to assume that the

19 materials you used to wrap duct were fiberglass,
20 is that correct?

ar MR. SOLOMON: Did you hear her question?
22 THE WITNESS: I heard her question. I am
23 trying to remember what kind it was, if it was

24 fiberglass.

25 MR. SOLOMON: This is for the duct.

ra OL

Aiken Welch Reporters Robert Ross 07/15/2011

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THE WITNESS: We did duct and pipe up in
the ceiling.
MR. SOLOMON: But all she cares about is
what you put on the duct right now.
THE WITNESS: Fiberglass.
MR. SOLOMON: There you go.
BY MS. DAVIDSON:

a Q. Sir, can you tell me what materials you
2 used to insulate the pipe?

Cal _ sil.

Did you_use any muds on this job?

A.

Q.

A. Yes, ma'am.
3B Q. What muds did you use?

A. All purpose.

Q. Any other types of muds?

A. No.

Q. Sir, do you believe that cal sil or all
purpose mud contains asbestos?

2 A. Yes, it does.
20 Q. Iquess I need to break that down. Sir,

do you believe cal sil contains asbestos?
Bn A. Yes.

23 MR. SOLOMON: Well, when you say contains, |

aa are you talking about at this site or today?

28 MS. DAVIDSON: At this site.

LE

Aiken Welch Reporters Robert Ross 07/15/2011

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a MR. SOLOMON: Thank you. He did answer
2 that.

3 MS. DAVIDSON: I am sorry he said --

4 MR. SOLOMON: I thought he said yes.

5 BY MS. DAVIDSON:
8 Q. Sir, are you able to remember the brand

name, manufacturer or supplier of this cal sil?

8 MR. SOLOMON: Compound. Objection. Go
8 ahead, sir.

v0 THE WITNESS: No.

a BY MS. DAVIDSON:

12 Q. And can you tell me why you believe this
ib cal _ sil contained asbestos?
aa A. Because I know what asbestos is. There is

a difference. Non-asbestos is brittle, looks

16 different, feels different, smells different.

This was asbestos. Asbestos fiber, excuse me.

18 MR. ZACHARIN: I am sorry, sir, were you
19 done?

20 THE WITNESS: Yes.

21 MR. ZACHARIN: May I hear that back,

22 please?

23 (Record read: Because I know what

28 asbestos is. There is a difference. Non-asbestos
23 is brittle, looks different, feels different

Aiken Welch Reporters

Robert Ross 07/15/2011

0b04800b-4255-43b4-Se4d-ddabdebdSs4ePage 746
a smells different. This was asbestos. Asbestos

2 fiber, excuse me.)

3 BY MS. DAVIDSON:

& Q. Sir, can you tell me how this cal sil

& looked? I_am sorry, that is a bad question.
& Withdrawn.

t A. Okay.
a Qo. Can you tell me what about this cal sil

2 looked as though it contained asbestos?

a A. If you look real hard you can see fibers

aL in it.

ae Q. All right. You believe that you saw
2 asbestos fibers looking at this cal sil?
iA

A. Yes.
38 Q. And, sir, can you tell me what about this
a8 cal sil felt as though it contained asbestos?
a2 A. Ican't describe how it felt. You would

48 have to feel it for yourself. This building is
22 too new. You just have to feel for yourself to

20 know. I can't describe it. :
ah Q. Sir, do you believe there was a difference
22 in texture between asbestos containing and

23 non-asbestos containing cal sil?

2a A. Yes, ma'am.

2s Q. And finally, what about this cal sil

Robert Ross 07/15/2011

Aiken Welch Reporters

0b04800b~4255-43b4-Se4d-ddaSdeSd554ePage 747 |

a smelled as though it contained asbestos?
2 A. There is just a peculiar odor to it.
3 Q. Does this odor that you smelled remind you |

4 of any other scent? Are you able to describe the

& smell to me?
6 MR. SOLOMON: Objection. Compound.
2 THE WITNESS: I just don't know how to

& answer that question, matam. I can't guess and
2 give you -- say it smelled like eggs or something

22 dike that. I just can't do it.
aa BY MS. DAVIDSON:

2 Q. I will move on then. Are you able to

13 identify the brand name, manufacturer or supplier

4 of the all purpose mud that you used on this job

as at the Fairmont Hotel?

46 A. Just we referred to it as all purpose mud. |
vw Q. So you can't identify a brand name or

1s manufacturer?

a9 A. No, not at this moment. I could maybe if

20 I thought a little longer.

an Q. And, sir, do you believe this all purpose

22 mud contained asbestos?

23 A. Yes, ma'am.

24 Q. And why do you believe this all purpose
25 mud contained asbestos?

Aiken Welch Reporters

Robert Ross 07/15/2011

Ob04800b-4255-434-Sedd-ddaSdesd55dePage 748 |

Ie

A. Because you could see the fiber in it.

2 Q. Sir, while you were insulating pipe and
wrapping duct at the Fairmont Hotel, did you have
to disturb any existing materials?

5 MR. SOLOMON: Objection. The question
seeks some sort of conclusion as to whether he had
7 to do that. If you are asking if he did disturb
it I am sure he can respond to that in a very
straightforward manner. Go ahead, Mr. Ross.

10 THE WITNESS: The material I disturbed was}
the loose material up in the crawl spaces in the
ceiling that was laying there. Or I had to get

13° around it or through it or over it to get at the

pipe.
35 BY MS. DAVIDSON:

16 Q. Sir, are you able to identify this

7 material?

a8 A. Other than being asbestos, no.

39 MR. SOLOMON: Can you tell -- not the

20 name, who made the stuff, but can you tell what
an form of product it was?

22 THE WITNESS: Oh. It was pipe covering.
23 Pieces of pipe covering that fell off the line,
a4 just laying there.

25 BY MS. DAVIDSON:

Aiken Welch Reporters

Robert Ross

07/15/2011

0b04800b-4255-43b4-9e4d-ddaSdesd554ePage 749

a Q. Do you know who originally installed this
2 pipe covering?

3 A. No, ma'am.

4 Q. Are you able to identify the brand name,

5 manufacturer or supplier of this pipe covering
6 that you had to disturb?

7 A. No.

8 Q. Gir, what is the basis of your belief that

° this pipe covering contained asbestos?

30 MR. SOLOMON: Objection. I think the

ue question is harassing. It's previously asked and
a2 answered. I will let him respond. Go ahead, sir.
3 THE WITNESS: The feel of it, the look of
uw it.

5 BY MS. DAVIDSON:

16 Q. Mr. Ross, in moving any of this existing
a7 pipe covering was dust created?

a A. Yes.

ts Q. Can you give me an estimate of how long
20 you were in this dusty environment?

ar A. Two days.

22 Q. Was there a general contractor on this

was the general contractor?

Aiken Welch Reporters Robert Ross 07/15/2011

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7 A. The same contractor we were talking about.
2 Q. Sir, can you tell me who that was without
looking at your notes?
4 MR. SOLOMON: Well, the notes wouldn't
5 tell him. Go ahead.
6 THE WITNESS: It's like a French name. I

guess I will have to refer to my notes again.

8 MS. DAVIDSON: All right. Can we go off
8 the record briefly?

20 MR. SOLOMON: Sure.

u (Off record from 2:43 to 2:44)

v2 MS. DAVIDSON: Back on the record.

B BY MS. DAVIDSON:

4 Q. Sir, after reviewing your notes are you

45 able to identify the general contractor on this

16 site?

v7 A. Yes, ma'am.

18 Q. Who was the general contractor?

a9 A. Balliet Brothers.

20 Q. Was there more than one general contractor |
a1 on this site? |
22 A. Not that I can remember.

23 Q. Were there other contractors that you are
24 able to identify on this project?

2s A. Yes, ma'am.

L

07/15/2011

Aiken Welch Reporters Robert Ross

0b04800b-4255-43b4-Sedd-ddaSdesd654ePage 751
2 Q. Can you tell me who they were?

2 A. Plumbers, fitters, sheet metal men.
Painters. Cal Steam Supply was there. They
brought some stuff in, I should say. Harry Lee

5 Plumbing.

6 Q. Sir, are you able to answer my question
without looking at your notes?
8 A. No. Nelson was there. There was more but

° that's enough.

10 Q. Sir, do you know the brand name,

ut manufacturer or supplier of any of the materials

32 these other contractors on site worked with?

13 MR. SOLOMON: Objection. Compound.

4 Vague. Fails to apprise the witness of the

3s information sought. So it's misleading. Go

16 ahead, sir.

17 THE WITNESS: No, ma'am.

18 BY MS. DAVIDSON:

19 Q. Can you tell me which trades Balliet

20 Brothers employed at this site?

at A. Laborers.

22 Q. Do you remember how many laborers were on
23 this site? [
24 A. No.
2s Q. Did you know any of these laborers |

Aiken Welch Reporters Robert Ross 07/15/2011

Ob04800b-4255-43b4-9e4d-ddaSdedd5S4ePage 752
+ personally?
2 A. No.
2 Q. How did you identify these laborers as
being employed by Balliet Brothers?
5 A. They had Balliet Brothers on their hats.
6 Q. Was there any other method that you used
7 to identify these laborers as being employed by

8 Balliet Brothers?

9 A. Their sweeping of debris.
#0 MR. TWU: Move to strike non-responsive.
at MS. DAVIDSON: Right.

12 BY MS. DAVIDSON:
3 Q. Sir, other than the hardhats was there any

u other method that you used to identify these

5 laborers as being employed by Balliet Brothers?
+6 A. They had a tool box with the name on it.
v7 Q. Is there anything else?

18 A. No. Nothing I can think of.

19 Q. Do you know if Balliet had an office on
20 this site?

aa A. I don't remember.

22 Q. Can you tell me how many days you recall
23 seeing Balliet Brothers on this project?

2a A. Everyday.

25 Q. And what did you see Balliet Brothers

Robert Ross 07/15/2011

Aiken Welch Reporters

0b04800b-4255-43b4-Se4d-ddaSde5d6540+ laborers doing at this job site?
2 A. Sweeping.
3 Q. Did you see these laborers doing anything

4 other than sweeping?

5 A. Not that I can remember.

6 Q. Can you identify what tools these laborers |

were using?

8 A. Wheelbarrow. Brooms. Shovels.

8 Q. Do you know if these laborers swept up
ao once a day or once a week?

u MR. SOLOMON: Objection. Argumentative.
2 Go ahead.

8 THE WITNESS: At least once a day.

v4 BY MS. DAVIDSON:

5 MR. TWU: Are you all right, sir?

36 THE WITNESS: Yes.

a7 MR. TWU: You just sighed.

38 MR. SOLOMON: I sigh a lot. What does
19 that mean?

20 MR. TWU: I am used to you.

al MR. SOLOMON: Just because he sighed
22 doesn't, you know -- I don't know.

23 MR. TWU: That's why I am asking as

2a opposed to assume.

25 MR. SOLOMON: Okay.

Aiken Welch Reporters Robert Ross 07/15/2011

Ob04800b-4255-43b4-9edd-cdaddeSd5540Page 754

1 BY MS. DAVIDSON:

2 Q. Sir, can you tell me where you saw Balliet

laborers sweeping up?

4 A. Throughout the job site.

$ Q. Did you ever see Balliet laborers sweeping
up in the same room or area where you were
performing your work?

8 A. Yes.

° Q. Can you tell me how many times you saw

Balliet laborers sweeping up in your presence?

ut A. I don't wish to speculate.

42 Q. Can you give me an estimate of how close

3 you were to Balliet laborers performing sweep up? |
4 A. Three feet, fifteen feet. And would be in}

another room.

36 Q. Sir, are you able to identify any
at materials that you saw Balliet laborers sweeping

is up _on this site?

Be A. MonoKote and gaskets.
Ba Q. Sir, when you say MonoKote, are you

ah referring to the brand name, manufacturer of

fireproofing or are you using a general term for
23 fireproofing?

24 A. Iam using a general term that we use.
I" It's asbestos fireproofing is what it was. Excuse

Aiken Welch Reporters Robert Ross 07/15/2011

Ob04800b-4255-43b4-9e4d-ddaddesd554ePage 755

i me, fireproofing with asbestos in it.

2 Q. Let me clean that up a little bit. Sir,

2 can you identify the brand name, manufacturer or

4 supplier of the fireproofing that you saw Balliet

5 laborers sweeping up at this site?

6 MR. SOLOMON: Objection. Compound. Go
7 ahead.

& THE WITNESS: No.

9 BY MS. DAVIDSON:
ae OQ. Sir, can you tell _ me the basis of your

belief that this fireproofing contained asbestos?
a2 A. Yes.

ok Q:. What is the basis of your belief?
a4 MR. SOLOMON: He is doing a good job.

15 It's exactly what you teach people to do. I kind

16 of stepped on her question. Did you hear her?
a THE WITNESS: Yes, I did. And I didn't

quite understand what it's all about. Am I
a2 supposed to speak now or just be quiet or what?
20 MR. SOLOMON: Let's have the question read

aa back.

22 (Record read: What is the basis of your
23 belief?)

24 MR. SOLOMON: And your previous question
25 is it your belief that this fireproofing contained

07/15/2011

Aiken Welch Reporters

Robert Ross

Gb04800b-4255-43b4-9e4d-ddaSdeSd554ePage 756 |

+ asbestos. You said yes.

2 THE WITNESS: I said it a few times.
3 MR. SOLOMON: I will object the question
4 is harassing and oppressive. Nevertheless go

5 ahead and answer it.

& THE WITNESS: Because I have been to

az school. I know what it feels like. I know what
8 it looks like. I_know what it smells like

2 sometimes. That's my answer. Plus I have been
ag around, you know, at that time maybe ten -- T

3k don't know how many years. But a lot of years.
v2 BY MS. DAVIDSON:

3 Q. All right, Mr. Ross. I want to move on to
as the gaskets that you saw the laborers sweeping up.
a5 Are you able to identify the brand name,

36 manufacturer or supplier of any of the gaskets

wv that you saw laborers sweeping up on this job?

18 A. They looked like Goodyear gaskets. That's]
19 what they said on them anyway.

20 Q. And where on the gaskets did you see the
a1 name Goodyear?

22 A. Written on it. It said Goody. Gooder.

23 Something like that. Or Goodyear, excuse me.

28 MR. ZACHARIN: I need the answer the best
2s you got it read back, please.

Aiken Welch Reporters Robert Ross 07/15/2011

0b04800b-4255-43b4-Sedd-ddaSdeSd5S4e2 STATE OF CALIFORNIA )
2 ) ss.
3 COUNTY OF ALAMEDA )

5 I, RICHARD LENZI, a Shorthand Reporter,
6 State of California, do hereby certify:
7 That ROBERT ROSS, in the foregoing

8 deposition named, was present and by me sworn as a

witness in the above-entitled action at the time

10 and place therein specified;
a That said deposition was taken before me at |
wa said time and place, and was taken down in

shorthand by me, a Certified Shorthand Reporter of

u4 the State of California, and was thereafter

a8 transcribed into typewriting, and that the

+6 foregoing transcript constitutes a full, true and
wv correct report of said deposition and of the

+8 proceedings that took place;
a8 IN WITNESS WHEREOF, I have hereunder
20 subscribed my hand this 18th day of August, 2011.

RICHARD LENZI, CSR NO. 2564
23 State of California

|

Aiken Welch Reporters Robert Ross 07/15/2011

0b0480Gb-4255-43b4-Ge4d-ddaSdeSd554e,SUPERTOR COURT OF CALTFORNTA
COUNTY OF SAN FRANCTSCO

~-000--

ROBERT ROSS AND JEAN ROSS No. CGC-10-275731

Plaintiffs,

C.C, MOORE & CO. ENGINEERS,
et al.,

Defendants.

DISCOVERY DEPOSITION OF ROBERT ROSS
(Volume X)

(Pages 2057 through 2312, inclusive)

Taken before ALISA SMITH
AZ CR No, 50712

September 27, 2012

Aiken Welch Court Reporting R. Ross 9-27-12

31d8ebec-cf35-4a66-béeb-83c2b887abesPage 2206
about that.
Any of the other job sites that I read in
that list, do you recall working at those sites and
seeing someone from Beasley Plumbing there?

A. Not at this time.

Q. All right. I have one last question.
SJ_ Amoroso, you've heard of that name

A. Yes, sir.

Q. And in your previous depositions, I asked
you_ questions or one of my attorneys did, and you
identified some job sites. I'm not going to go back

over those job sites.
But what I want to do is make sure that

those are the only job sites that you recall working |

at where you saw someone from SJ Amoroso.

And just _so we can knock them out, I have in |

my notes -- Counsel, correct me if I'm wrong. I

have at UCSF, and I think it was on two occasions
that there was work you did there, UC Berkeley, and
Kaiser Richmond as the three job sites that you
identified in your deposition as having seen SJ

Amoroso.

Do you, as you sit here today, recall any

other job sites you worked on where you saw people

Aiken Welch Court Reporting R. Ross 9-27-12

31dBebec-cf36-4a66-b6eb-83c2be67abeste

fs

Page 2207
from SJ Amoroso doing work?

A. No.

Q. Qkay. i'm going to read you the list again.
This is the easiest way to knock this out. It
doesn't mean I -- I think that you necessarily
worked there or that anyone from SJ Amoroso was
there, but I want to throw the name out there. And

if it jogs your memory, kind of like Fairfield

Hospital or the building did, let me know.

Okay. Here's the list, and it could be more

than one job at a particular job site. I'm not

limiting it. San Francisco Airport, Berkeley High

School, federal building in San Francisco, a
location called the Ice House, Kaiser Hospital San
Francisco, Laguna Honda Hospital, Langley Porter,
Levi Strauss, Mount Zion Hospital, San Francisco
General Hospital, San Francisco State, Santa Rosa
Junior College, Standard Oil in Richmond, various
areas potentially at Stanford University, or --
actually, I think that's it.

De you recall working at any of those

locations on a project where you saw someone from SJ |
Amoroso working there?

MR. SOLOMAN: I'm sorry. It was a long
list. Can I get that read back?

Aiken Welch Court Reporting R. Ross 9-27-12

SidBebec-cf35-4a65-b6eb-83c2b867abeRPage 2208 |,

1 (Requested portion was read by the

2 Court Reporter.)

3 THE WITNESS: I've worked on all those
4 jobs, but at this -- at this particular time, I

8 don't remember working for Amoroso. I didn't see

& Amoroso on those jobs.

7 BY MR, CURLIANO:

a Q. Okay. Any document you can review or

° individual you could speak with that might refresh
20 your recollection about any job sites other than the L
ut three that we went over where you recall SJ Amoroso
212 was there?

13 A. No.

14 Q. Let me ask you just a couple of follow-up

15 questions unrelated to the client specific.

t6 Between the time of your last deposition and
17 today, and other than conversations you may have had
18 with your attorney, have you had any conversations
19 with former coworkers or Mr. Cantley or other

20 contractors for purposes of trying to figure out job
an sites you may have worked at or other contractors

22 that may have been at those job sites?

23 A. No.

24 Q. When's the last time you spoke to

2s Mr. Cantley?

Aiken Welch Court Reporting R. Ross 9-27-12

3td8ebec-cf36-4a65-bGeb-B3c2b867abesPage 2312]

i STATE OF ARIZONA)

2 COUNTY OF MARICOPA )

3

4 I, ALISA SMITH, a Shorthand Reporter, State
5 of Arizona, do hereby certify:

6 That ROBERT ROSS, in the foregoing

7 deposition named, was present and by me sworn as a

8 witness in the above-entitled action at the time and
° place therein specified;

20 That said deposition was taken before me at
a said time and place, and was taken down in shorthand
22 by me, a Certified Shorthand Reporter of the State of
3 California, and was thereafter transcribed into

i4 typewriting, and that the foregoing transcript

15 constitutes a full, true, and correct report of said
16 deposition and of the proceedings that took pace;

17 IN WITNESS WHEREOF, I have hereunder

18 subscribed my hand this 8th day of October 2012.

Alisa Smith
22 Certified Reporter #50712

Aiken Welch Court Reporting R. Ross 9-27-12

31 d8ebec-cf35-4a65-b6eb-83c2b867abesEXHIBIT “F”IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
-~-000--~

ROBERT ROSS,

Plaintiff,
ve. No. 274099

ASBESTOS DEFENDANTS (BP).

/
JANE MURPHY, as Wrongful Death
Heir, and as
Successor-in-Interest to JAMES
KEARNEY, Deceased; and JANE
MURPHY and MARGARET KEARNEY, as
Legal Heirs of JAMES KEARNEY,
Deceased,

Plaintiffs,

vs. No. 274055
ASBESTOS DEFENDANTS (BP).

/

DEPOSITION OF ROBERT CANTLEY
VOLUME VII

(Pages 1166 to 1427, inclusive)

Taken before LETICIA A. RALLS, RPR
CSR No. 10070
June 15, 2010

Aiken Welch Court Reporters Robert Cantley 6/15/2010

4a83a919-cdae-42¢2-a9b5-e47631497767Page 1304 |

1 Mr. Ross and S.J. Amoroso -- S.d. -- that S.J. Amoroso

2 was near Mr. Ross on each of those days?

3 MR. JONES: Leading.

4 THE WITNESS: That's correct.

8 BY MR. SOLOMON:

6 Q. How were you able to identify -- strike that.

7 How are you able to recognize S.J. Amoroso

8 personnel at that site?

s A. Their equipment, hardhats, trucks, et cetera,
10 had "S.d. Amoroso" written on them. Plus, you always
at know -- you know who you're subbing under, and you
12 always know who the general contractor is, and in this
33 case that's S.J. Amoroso.

14 MR. JONES: Move to strike speculative portions.
is BY MR. SOLOMON:

ag Q. Did you ever observe the S.J, Amoroso personnel
az that you identified as being S.J. Amoroso personnel

18 doing any work in Mr. Ross's proximity, that is in the
a2 game room as Mr. Ross was then working at the

20 San Francisco General Hospital?

2 A. Yes.

22 QO. And what did you observe the S.J. Amoroso

23 personnel doing at those or that time?

24 A. In the earlier phases of the work when areas

25 were being adjusted, reconfigured, remodeled, what have

Aiken Welch Court Reporters Robert Cantley 6/15/2010

4a83a919-cdae-42¢2-a9b5-e476314177e7Page 1305

a you, there was the removal and replacement of walis

2 et cetera, on a regular basis, the $.J. Amoroso laborers |
3 swept up, and when they did these various things, they

4 created a cloud of dust that would expose Mr. Ross

3 myself, or anyone else that was around.

& MR. JONES: Move to strike non-responsive

Z portion.

& BY MR. SOLOMON:

Q. The walls that they were removing and replacing,

22 how were they constructed? In other words, the ones

ik they removed, how were they constructed?

42 A. They were a combination. Because of the age of
13 the hospital and what have you, they had a combination
i4 of stud walis_ as well as metal studs -- excuse me, wood
18 studs, as well as metal studs, with sheetrock, sheetrock
16 mud_and tape and -- and then paint on them, so in -- in
Al removing and replacing walls, the existing asbestos dust
18 was created from the mud that had been applied prior

i2 creating an additional asbestos hazard.

20 MR. JONES: Move to strike speculative portions.
21 BY MR. SOLOMON:

22 Q. Did any of the laborers at S.d. Amoroso warn

23 Mr. Ross in your presence or warn you that you should

24 avoid breathing any of the dust that they were creating
a5 from the removal of those walls?

Aiken Welch Court Reporters Robert Cantley 6/15/2010

4a83a9f9-cdae-42c2-a9b5-e476314177e7Page 1309 |

te

Q. Let's go to the next site And if my memory

Ie

serves me, that would be -- we'll go to San Francisco

2 Airport.
4 By who were you employed at times when you
a observed Robert Ross and S.J. Amoroso both at the

len

San Francisco International Airport?

We

A. Bob Ross and I were employed at the time by both }

2 Armstrong and by Consolidated later in the '60s.

2 Q. Were these different projects or the same

42 project when you were -- and Mr. Ross were there for
kk AC&S as opposed to San Francisco Airport with

42 Consolidated?

ia A. Different projects.

14 Q. Do you have a recollection as to the number of
15 man days that you and Mr. Ross were at San Francisco
16 Airport while employed by Armstrong when S.J. Amoroso
17 personnel were also present at this site?

18 MR. JONES: Calls for speculation.

a9 BY MR. SOLOMON:

20 Q. How many days did you observe them?

21 A. Easily 20 days.

22 MR. JONES: Move to strike. Speculation.

23 BY MR. SOLOMON:

24 Q. And how did you determine at that site that the
25 individuals you were observing ~- that the individuals

LET TET

Aiken Welch Court Reporters Robert Cantley 6/15/2010

4a83a9f9-cdae-42¢2-a9b5-8476314177e7Page 1310

1 that you were observing were S.J. Amoroso personnel?

2 A. Both from the aforementioned equipment, job

3 shacks, wheelbarrows, ladders, trucks, all saying

4 "S.J. Amoroso," plus over a period of time -- and when

5 you've been on multiple jobs with Amoroso far over and

6 above -- way beyond the Ross ones, you got to know the

7 guys.

8 So there was no question that you were subbing

9 under XYZ Mechanical who was subbing under S.J. Amoroso.
a0 Q. Now, Mr. Cantley, what percipient knowledge do
42 you have, if any there is, that any S.J. Amoroso
a2 personnel were exposing Mr. Ross to asbestos during the
32 20 days that you and he and S.J. Amoroso were present at

a the San Francisco International Airport?

1s A. In the same manner that I mentioned earlier
a6 about San Francisco General, the Amoroso laborers had
al eccasion to sweep up on a regular basis, creating a

18 cloud of dust, asbestos dust and fiber that had

4g accumulated, as well as other remodel work that would

28 disturb the sheetrock or the sheetrock mud and tape that
2a created dust.

22, The pipe insulation itself, the asbestos pipe
23. insulation, while we picked up our debris, the powdery
24 dust, et cetera, was on the floor and on all horizontal
23 surfaces, and S.J. Amoroso would disturb that when they

Aiken Welch Court Reporters

Robert Cantley 6/15/2010

Aa83a9f9-cdae-42c2-a9b5-04 7631447787Page 1311 |

a were sweeping or doing other portions of their work,

2 thus exposing Mr. Ross.

3 MR. JONES: Move to strike speculative portions |
4 not based on what he observed.

5 BY MR. SOLOMON:

6 Q. And in how many of the 20 days did you

7 specifically observe S.J. Amoroso laborers sweeping up
8 fireproofing dust near Mr. Ross?

3 A. Every day.

10 Q. And how many of those 20 days did you see them
ii sweeping up wallboard finishing materials dust?

12 A. Yeah.

13 MR. JONES: Vague.
14 THE WITNESS: It would be done in conjunction
15 with the other sweep-up, so it was the same. It was
16 almost every day.

17 BY MR. SOLOMON:

18 Q. And how many of those 20 days did you observe
19 S.J. Amoroso personnel sweeping up asbestos-containing
20 insulation dust near Mr. Ross?

ar MR. JONES: Vague.
22 THE WITNESS: Same answer would be inclusive
23 with the other. dust that had already been created from
24 the movement of walls, sheetrock, et cetera, as well as |
25 the disturbed asbestos fireproofing that would

Aiken Welch Court Reporters Robert Cantley

6/15/2010

4a83a919-cdae-42c2-a9b5-e476314177e7Page 1314 |

a working with Mr. Ross near S.J. Amoroso, were you both
2 employed by the same employer at UC Berkeley?
3 A. Yes. That was Consolidated.
4 Q. Okay. Do you have an estimate as to the number
§ of man days that you and Mr. Ross worked in the same
6 work space as personnel employed by S.J. Amoroso at
7 uC Berkeley while you both were employed by
8 Consolidated?
9 A. About a dozen days.
10 Q. How were you able to recognize the S.J. Amoroso
ut personnel at UC Berkeley when you and Mr. Ross were
12 there for Consolidated?
13 A. The awareness of who the general contractor was
14 on the job site that you were going to perform your work
15 as well as the familiarity with the personnel
16 themselves, and the physical knowledge and visible E
a7 knowledge on their trucks, job sites, hardhats -- excuse
18 me, job shacks, hardhats, equipment, you know,
19 et cetera.
20 There's never any doubt who the general
21 contractor is when you're on a job site.
22 Q. Did you -- strike that.
23 What, if anything, did you observe done by
28 S.J. Amoroso which exposed Robert Ross to asbestos
28 during the approximately dozen days that you and

EE nc ae

Aiken Welch Court Reporters Robert Cantley 6/15/2010

4a83a99-cdae-42c2-a9b§-e476314f77e7Page 1315

4 Mr. Ross and the S.J. Amoroso personnel were all present |
2 at University of California at Berkeley in the 1960s?

2 A. When they did remodel work on existing walls,

4 disturbing the existing fireproof -- excuse me, the

5 existing asbestos mud_on the joints of the sheetrock

& itself, the sheetrock itself was a problem. The

i disturbing of the -- the dust fiber, et cetera, that was
& on the floor when they swept created a cloud of dust

2 thus exposing anyone around them.

10 MR. JONES: Move to strike portions based on

i speculation.

i2 BY MR. SOLOMON:

13 Q. What, if anything, was comprised in the dust on

14 the floor besides the disturbed fireproof -- excuse me, |
15 besides the disturbed wallboard or sheetrock and

16 sheetrock mud?

17 A. There's a buildup of accumulated fiber and dust
18 from the overhead asbestos fire spray that was disturbed |
19 by the various contractors performing their work when

20 they fastened to the overhead as well as accumulated

21 dust from the asbestos pipe covering.

22 When you made your cuts, those fine fibers and

23 dust would fall to the floor and later be swept up by

24 S.J. Amoroso's personnel, creating a hazard to anyone

25 around them.

Aiken Welch Court Reporters Robert Cantley 6/15/2010

4a83a9f9-cdae-42¢2-a0b5-e476314477e7Page 1427 |

1 STATE OF CALIFORNIA )

a Popnry OF CONTRA COSTA

: >.

4 Ay Ly, LETICIA A. RALLS, do hereby certify:

5 49 that ROBERT CANTLEY, in the foregoing deposition
6 Pancha frbsent and previously sworn as a witness in
7 6 anbtient Lerey action at the time and place therein
8 Ee Ke0a./ ‘jm

9 Sy. Ghat Sai deposition was taken before me at said }
10 time oe ' ard) was taken down in shorthand by me, a
it Certif @9_shotagnd Reorter of the State of California,
12 and was t eaftee! rans “Eibed into typewriting, and

13 that the foreGéing Ganscvtsp constitutes a full, true
14 and correct repcnth of Beis sexdascion and of the

1s proceedings that coal Lad&

16 IN WITNESS WHERE, I have hereunder subscribed
a7 my hand this 14th day of oy 2010.

18 sa .

20

LETICIA A. RALLS, RPR, CSR NO. 10070
22 STATE OF CALIFORNIA

Aiken Welch Court Reporters Robert Cantley 6/15/2010

4a83a9{9-cdae-42c2-a9b5-e476314177e7EXHIBIT “G”1 | MADELINE L. BUTY [SBN 157186]
GEORGE 5S. SULLIVAN [SBN 187793]
2 | BUTY & CURLIANO LLP
555 ~ 12” Street, Suite 1280
3 | Oakland, California 94607
Tel: 510.267.3000
4 | Fax: 510.267.0117
Email: mlb@butycurliano.com
5 jsullivan@butycurliano.com
6 | Attorneys for Defendant
7 S.J, AMOROSO CONSTRUCTION CO., INC.
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION
il
12 | ROBERT ROSS and JEAN ROSS, ) No. CGC-10-275731
)
13 Plaintiffs, ) SJ. AMOROSO CONSTRUCTION CO.,
) INC’S SPECIAL INTERROGATORIES
14 v. ) TO PLAINTIFFS, SET ONE
)
15 | C.C. MOORE & CO. ENGINEERS; et al., )
| )
16 | Defendants. y
)
17 )
18 | PROPOUNDING PARTY: Defendant S.J. AMOROSO CONSTRUCTION CO., INC.
19 | RESPONDING PARTY: Plaintiffs ROBERT ROSS and JEAN ROSS
20 | SET NUMBER: One

Defendant S.J. Amoroso Constriction Co., Inc. requests that plaintiffs Robert Ross and Jean

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22 | Ross respond, pursuant to California Code of Civil Procedure §2030.010 et seq., to the following
23 | specially prepared interrogatories.

24 SPECIAL INTERROGATORIES

25 | INTERROGATORY NO. 1:

State all facts which support YOUR claim for damages against SJA in this matter.
27 “YOU” and "YOUR" mean plaintiffs ROBERT ROSS and JEAN ROSS and their attorney

28 | or attorneys.
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‘510.267.8000 S.J. AMOROSO CONSTRUCTION CO., INC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONE1 “SJA” means S.J. AMOROSO CONSTRUCTION CO., INC. its agents, employees and
2 | such other entities for which YOU contend S.J. AMOROSO CONSTRUCTION CO., INC. may be
3 | heldtiable.
4 | INTERROGATORY NO. 2:
5 IDENTIFY all DOCUMENTS which support YOUR claims against SJA in this matter.
6 "IDENTIFY" means to state the title, if any, the date, the originator or author, the sender(s),
7 | recipient(s) and a general description of the contents of each DOCUMENT.
8 "DOCUMENT(S)” mean a writing, as defined in Evidence Code §250, and includes the
9 | original or a copy of any handwriting, e-mail, typewriting, printing, photographing, and every other
10 | means of recording upon any tangible thing or electronic device or form of communication or
11 | representation, including letters, words, pictures, sounds, or symbols, or combinations.
12 | INTERROGATORY NO. 3:
13 IDENTIFY all individuals who have knowledge of the facts upon which YOUR claim for
14 | damages against SJA in this matter.
15 With respect to individuals, “IDENTIFY” means to supply that person’s name, occupation,
16 || address (or last known address), and phone number.
17 | INTERROGATORY NO. 4:
18 For each individual identified in the preceding interrogatory, state what information he or
19 | she has which supports YOUR claim against SJA in this matter.
20 | INTERROGATORY NO. 5:
21 | State all facts that support YOUR contention Robert Ross was EXPOSED to ASBESTOS
22, | PRODUCT(S) SUPPLIED by SJA as alleged in YOUR COMPLAINT.
: 23 | “EXPOSED” or “EXPOSURE” means in proximity to, in contact with, and/or able to
24 | breathe respirable asbestos fibers.
25 “ASBESTOS PRODUCT(S)” means “RAW ASBESTOS” or “ASBESTOS CONTAINING
26 | MATERIAL”; "RAW ASBESTOS" means asbestos fiber mined or milled, either packaged or in

27 | bulk, not compounded with other substances and is essentially pure with the exception of naturally

2

‘Sue 4280.
‘OAMLAND, GA S4e07

Saag S.J, AMOROSO CONSTRUCTION CO., INC.’S SPECIAL INTERROGATORIES TO PLAINTIFES, SET ONEoccurring trace amounts of other substances; and "ASBESTOS-CONTAINING MATERIAL"
means a material or product which consists of or contains the mineral asbestos,

“SUPPLIED” as used herein means produced, manufactured, rebranded, sold or provided
by.

“COMPLAINT” means the Third Amended Complaint for Personal Injury and Loss of
Consortium -- Asbestos filed in San Francisco Superior Court Case No. 275731.
INTERROGATORY NO. 6:

IDENTIFY all individuals who have knowledge of the facts upon which YOU base YOUR
contention Robert Ross was EXPOSED to ASBESTOS PRODUCT(S) SUPPLIED by SJA.
INTERROGATORY NO, 7:

State the facts known by each individual who supports YOUR contention Robert Ross was
EXPOSED to ASBESTOS PRODUCT(S) SUPPLIED by SJA.

INTERROGATORY NO. 8:

IDENTIFY all DOCUMENTS that support YOUR contention Robert Ross was EXPOSED
to ASBESTOS PRODUCT(S) SUPPLIED by SJA.
INTERROGATORY NO, 9:

State all facts which support YOUR contention that SJA is liable to YOU for damages
based upon a cause of action for Negligence as alleged in YOUR COMPLAINT.
INTERROGATORY NO. 10:

IDENTIFY all DOCUMENTS upon which you rely to support YOUR contention that SJA
is liable to YOU for damages based upon a cause of action for Negligence as alleged in YOUR
COMPLAINT.

INTERROGATORY NO. 11:

IDENTIFY the content in each DOCUMENT specific to SIA which supports YOUR
contention that SJA is liable to YOU for damages based upon a cause of action for Negligence as
alleged in YOUR COMPLAINT.

3

S.J, AMOROSO CONSTRUCTION CO., INC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONE‘Suse 4280
‘OAKLAND, GA 94
670.267.9000

607

INTERROGATORY NO, 12:

IDENTIFY all individuals with knowledge of facts supporting YOUR contention that SJA
is liable to YOU for damages based upon a cause of action for Negligence as alleged in YOUR
COMPLAINT.

INTERROGATORY NO. 13:

Describe the specific testimony each individual will be offering in support of YOUR
contention that SJA is liable to YOU for damages based upon a cause of action for Negligence as
alleged in YOUR COMPLAINT.

INTERROGATORY NO. 14:

State all facts which support YOUR contention that SA is liable to YOU for damages
based upon a cause of action for Strict Products Liability as alleged in YOUR COMPLAINT.

INTERROGATORY NO, 15:

IDENTIFY all DOCUMENTS upon which you rely to support YOUR contention that SJA
is Hable to YOU for damages based upon a cause of action for Strict Products Liability as alleged in
YOUR COMPLAINT.

INTERROGATORY NO. 16:
IDENTIFY the content in each DOCUMENT specific to SJA which supports YOUR

contention that SJA is liable to YOU for damages based upon a cause of action for Strict Products
Liability as alleged in YOUR COMPLAINT.
| INTERROGATORY NO. 17:

IDENTIFY all individuals with knowledge of facts supporting YOUR contention that SJA
is liable to YOU for damages based upon a cause of action for Strict Products Liability as alleged in
| YOUR COMPLAINT.

INTERROGATORY NO. 18:

Describe the specific testimony each individual will be offering in support of YOUR
contention that SJA is liable to YOU for damages based upon a cause of action for Strict Products
| Liability as alleged in YOUR COMPLAINT.

4

S.J. AMOROSO CONSTRUCTION CO., INC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONECS oe WN DH HW BF WN

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BUTY A CURLANO LLP
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INTERROGATORY NO. 19:

State all facts which support YOUR contention that SJA is liable to YOU for damages
based upon a cause of action for Premises Owner/Contractor liability as alleged in YOUR
COMPLAINT.

INTERROGATORY NO. 20:
IDENTIFY all DOCUMENTS upon which you rely te support YOUR contention that SJA

is liable to YOU for damages based upon a cause of action for Premises Owner/Contractor liability
as alleged in YOUR COMPLAINT.
INTERROGATORY NO. 21:

IDENTIFY the content in each DOCUMENT specific to SJA which supports YOUR
contention that SJA is liable to YOU for damages based upon a cause of action for Premises
Owner/Contractor liability as alleged in YOUR COMPLAINT.

INTERROGATORY NO, 22:

IDENTIFY all individuals with knowledge of facts supporting YOUR contention that SJA
is liable to YOU for damages based upon a cause of action for Premises Owner/Contractor liability
as alleged in YOUR COMPLAINT.

INTERROGATORY NO. 23:

Describe the specific testimony each individual will be offering in support of YOUR
contention that SJA is liable to YOU for damages based upon a cause of action for Premises
Owner/Contractor liability as alleged in YOUR COMPLAINT.

INTERROGATORY NO. 24:

State all facts which support YOUR contention that SJA is liable to Jean Ross for damages
based upon a cause of action for Loss of Consortium as alleged in YOUR COMPLAINT.
INTERROGATORY NO. 25:

IDENTIFY all individuals with knowledge of facts supporting YOUR contention that SJA

is liable to Jean Ross for damages based upon a cause of action for Loss of Consortium as alleged

in YOUR COMPLAINT.

5

S.J. AMOROSO CONSTRUCTION CO., ENC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONEeo me BR DH Hh BF WH mw

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BUTY BCURLANONP:
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‘OAKLAND, GA 84007
510.267.2000,

INTERROGATORY NO. 26:

Describe the specific testimony each individual will be offering in support of YOUR
contention that SJA is liable to Jean Ross for damages based upon a cause of action for Loss of
Consortium as alleged in YOUR COMPLAINT,

INTERROGATORY NO. 27:

IDENTIFY all BANKRUPT ENTITIES to which YOU have submitted a claim for damages
related to Robert Ross’s claimed asbestos-related condition(s).

With respect to BANKRUPT ENTITIES, “IDENTIFY” means providing the name and
address of the company or other entity (including parent and subsidiary companies, predecessors
and successors in interest.

“BANKRUPT ENTITY(IES)” means any company or other entity (including parent and
subsidiary companies, predecessors and successors in interest) who is a party or non-party potential
tortfeasor whose ASBESTOS PRODUCTS may have contributed in any manner to Robert Ross’s
claimed exposure to asbestos and has filed for protection from creditors under Chapter 11 of the
U.S. Bankruptcy Code. “BANKRUPT ENTITY” includes all trusts established or currently
contemplated pursuant to Chapter 11 of the U.S. Bankruptcy Code, any administrative or claims
processing organization established, the unsecured creditors committees, the trustee in any such
proceeding, and any submissions to or declarations of the bankruptcy court. Furthermore,
“BANKRUPT ENTITY(IES)” includes all entities, without limitation, including but not limited to:
UNR Industries, Inc., Johns-Manville Co., Amatex Corp., Waterman Steamship Corp., Wallace &
Gale Co., Forty-Eight Insulations, Inc., Pacor, Inc., Prudential Lines, Inc., Standard Insulations,
Inc., US Lines, Nicolet, Inc., Gatke Corp., Chemetron Corp., Raytech, Delaware Insulations,
Celotex Corp., Hillsborough Holdings, National Gypsum Co., Standard Asbestos Mfg. & Insul.,
Fagle-Pitcher, H.K. Porter Co., Cassiar Mines, Kentile Floors, Keene Corp., American
Shipbuilding, Inc., Lykes Brothers Steamship, Rock Wool Mfg., SGL Carbon, M.H. Detrick,
Brunswick Fabricators, Fuller-Austin Insul., Harnischfeger Corp., Joy Technologies, Rutland Fire
& Clay, Babcock & Wilcox, Pittsburgh Corning, Burns & Roe Enterprises, EJ. Bartells, Owens

Corning, Armstrong World Industries, G-1 Holdings (GAF Corp.), W.R. Grace, Skinner Engine
6

S.J. AMOROSO CONSTRUCTION CO., ENC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONEeo Oo YN DH MH BW NY

RN
NRRRP BBR SEs AAA EBHE SES

28

SuTyacunLiANO LEE

Co., USG (US Gypsum) Corp., Federal Mogul, Eastco Industrial Safety Corp., Washington Group
Int’l, Inc., Bethlehem Steel, North American Refractories, Kaiser Aluminum, Plibrico Refractories,
Porter-Hayden, American Club, Huxley Development Corp., Harbison- Walker Refractories Co.,
Continental Producers Corp., A.P, Green Indus., Shook & Fletcher, Atra Group, Inc. (Synkoloid),
and ACandS, Inc., C.E. Thurston.
INTERROGATORY NO, 28:

IDENTIFY all BANKRUPT ENTITIES with which YOU have settled for damages related
to Robert Ross’s claimed asbestos-related condition(s).
INTERROGATORY NO. 29:

IDENTIFY all BANKRUPT ENTITIES to which YOU intend to submit a claim for
damages related to Robert Ross’s claimed asbestos-related condition(s).
INTERROGATORY NO. 30:

Please itemize each item of YOUR total amount of ECONOMIC DAMAGES which YOU
contend YOU have sustained as a result of Robert Ross’s colon cancer.

“ECONOMIC DAMAGES” means “economic damages” as defined in California Civil
Code §1431.2(b)(1), and includes verifiable monetary losses including medical expenses, loss of
earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining
substitute domestic services, loss of employment and loss of business or employment opportunities.
INTERROGATORY NO. 31:

IDENTIFY all DOCUMENTS which YOU contend support each item of YOUR total

amount of ECONOMIC DAMAGES.
INTERROGATORY NO, 32:
Itemize YOUR monthly household expenditures, including but not limited to, rent/mortgage
payment(s), car payment(s), utility costs.
INTERROGATORY NO, 33:
Set forth all activities Robert Ross is no longer able to perform as a result of his colon

cancer which he regularly performed before he became ill.

7

8.J. AMOROSO CONSTRUCTION Co., INC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONEINTERROGATORY N@. 34:

2 State whether YOU have insurance coverage that paid for any ECONOMIC DAMAGES
3 | YOU claim were the result of Robert Ross’s colon cancer.
4 | INTERROGATORY NO. 35:
5 State whether YOU received any bills related to any MEDICAL CARE attributable to
6 | Robert Ross’s colon cancer,
7 “MEDICAL CARE” means and includes diagnosis, treatment, consultation, intensive care,
8 | hospital care, nursing care, hospice care, medications, therapy and/or palliative care.
9 | INTERROGATORY NO. 36:
10 State the total amount of medical bills YOU received for relating to MEDICAL CARE
11 attributable to Robert Ross’s colon cancer.
12 | INTERROGATORY NO. 37:
13 State the total amount of payments made by YOUR insurers in response to medical bills
14 | related to MEDICAL CARE attributable to Robert Ross’s colon cancer.
15 | INTERROGATORY NO. 38:
16 IDENTIFY all insurance policies under which money has been paid for MEDICAL CARE
17 | attributable to Robert Ross’s colon cancer.
18 With respect to insurance policies, “IDENTIFY” means to set forth the insurer’s name and
19 | policy number.
20 | INTERROGATORY NO. 39:
21 Provide the medical record identification number used by each medical provider that
22 | rendered MEDICAL CARE attributable to Robert Ross's colon cancer.
23 | INTERROGATORY NO. 40:
24 Provide the total amount of any liens levied against YOU as a result of MEDICAL CARE
25 || attributable to Robert Ross’s colon cancer.
26 | INTERROGATORY NO. 41:
27 Provide the total amount of all potential liens that could be levied against YOU as a result
28 | of MEDICAL CARE attributable to Robert Ross’s colon cancer.
oie S.J. AMOROSO CONSTRUCTION CO., INC,’S SPECIAL INTERROGATORIES 0 PLAINTIFFS, SET ONE28

BUTY &CURLIANOLLP
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INTERROGATORY NO. 42:

Provide the name(s) of all potential lien holders who may be entitled to levy a lien against
YOU as a result of MEDICAL CARE attributable to Robert Ross’s colon cancer.
INTERROGATORY NO. 43:

Provide the name(s) of any lien holders who have levied a lien against YOU as a result of
MEDICAL CARE attributable to Robert Ross’s colon cancer.

INTERROGATORY NO, 44:

State whether any of Robert Ross’s MEDICAL CARE providers have agreements with
YOUR insurers to accept as full payment an amount that is less than the amount stated on medical
bills relating to Robert Ross’s colon cancer.

INTERROGATORY NO, 45:

Describe any agreements between YOUR insurer(s) and MEDICAL CARE providers to
accept as full payment an amount that is less than the amount shown on medical bills relating to
Robert Ross’s colon cancer.

INTERROGATORY NO. 46:

For each medical bill relating to Robert Ross’s colon cancer state the amount of money the
MEDICAL CARE provider accepted as full payment in lieu of the total amount listed on the bill.
INTERROGATORY NO. 47:

Set forth the amount of YOUR out of pocket expenses for MEDICAL CARE relating to
Robert Ross’s colon cancer.

INTERROGATORY NO. 48:

Set forth Robert Ross’s Medicare claim number.
INTERROGATORY NO, 49:

State all facts which support YOUR claim SJA owed Robert Ross a duty of care.
INTERROGATORY NO, 50:

IDENTIFY all DOCUMENTS which support YOUR claim SJA owed Robert Ross a duty

of care.

S.J, AMOROSO CONSTRUCTION CO., INC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONEoe oe tw DA RB WN

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28

110.267.8000

INTERROGATORY NO. 51:

IDENTIFY all individuals who support YOUR claim SJA owed Robert Ross a duty of care.
INTERROGATORY NO. 52:

State the facts known by each individual who supports YOUR claim SJA owed Robert Ross
a duty of care.

INTERROGATORY NO. 53:

State all facts which support YOUR claim SJA employees disturbed asbestos-containing
fireproofing in Robert Ross’s presence.
INTERROGATORY NO. 54:

IDENTIFY all DOCUMENTS which support YOUR claim SJA employees disturbed

| asbestos-containing fireproofing in Robert Ross’s presence.

INTERROGATORY NO, 55:
IDENTIFY all individuals who support YOUR claim SJA employees disturbed asbestos-
containing fireproofing in Robert Ross’s presence.

INTERROGATORY NO. 56:

State the facts known by each individual who supports YOUR claim SJA employees
disturbed asbestos-containing fireproofing in Robert Ross’s presence.
INTERROGATORY NO. 37:

State all facts which support YOUR claim SJA knew or should have known the fireproofing
its employees disturbed in Robert Ross’s presence at University of California Medical Center
contained asbestos.

INTERROGATORY NO. 58:

IDENTIFY all DOCUMENTS which support YOUR claim SJA knew or should have
known the fireproofing its employees disturbed in Robert Ross’s presence at University of
California Medical Center contained asbestos.

Hil

10

| 8.3. AMOROSO CONSTRUCTION CO., INC.’S SPECIAL INTERROGATORIES TO PLAINTIFFS, SET ONEbee

Oo oe RB DH FF WN

28

UTY A CURLIANOELP
‘ATTORNEYS ATLAW

INTERROGATORY NO. 59:

IDENTIFY all individuals who support YOUR claim SJA knew or should have known the
fireproofing its employees disturbed in Robert Ross’s presence at University of California Medical
Center contained asbestos,

INTERROGATORY NO, 60:

State the facts known by each individual who supports YOUR claim SJA knew or should
have known the fireproofing its employees disturbed in Robert Ross’s presence at University of
California Medical Center contained asbestos.

INTERROGATORY NO. 61:

State all facts which support YOUR claim SJA knew or should have known the fireproofing
its employees disturbed in Robert Ross’s presence at Long Hospital contained asbestos.
INTERROGATORY NO. 62:

IDENTIFY all DOCUMENTS