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BryDON,
HUGO & PARKER
135 MAINSTREET
20 FLOOR
San Francisco, CA 94205,
Edward R. Hugo [Bar No. 124839]
P.M. Bessette [Bar No. 127588]
Josette D. Johnson [Bar No. 195977]
BRYDON HUGO & PARKER
135 Main Street, 20th Floor
San Francisco, CA 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333
Email: service@bhplaw.com
Attorneys for Defendant
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
FEB 20 2013
Clerk of the Court
BY: ALISON AGBAY
Deputy Clerk
ROU. EE PLUMBING & HEATING, INC.
SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
ROBERT ROSS and JEAN ROSS,
Plaintiffs,
vs.
C.C. MOORE & CO. ENGINEERS, et al.,
Defendants.
(ASBESTOS)
Case No. CGC-10-275731
EXHIBIT A AND C TO THE
DECLARATION OF JOSETTE D.
JOHNSON IN SUPPORT OF
ROUNTREE PLUMBING & HEATING,
INC.’S MOTION FOR SUMMARY
JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATION
1
EXHIBIT A AND C TO THE DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF ROUNTREE
PLUMBING & HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATIONEXHIBIT ABRAYTON@PURCELL LLP
ATTORNEYS AT LAW
222 RUSH LANDING ROAD
POBOX 6169
NOVATO, CALIFORNIA 94948-6169
(415) 898-1558
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DAVID R. DONADIO, ESQ., $.B. #154436
BRAYTON*®PURCELL LLP
Attorneys at Law
222 Rush Landing Road
P.O. Box 6169
Novato, California 94948-6169
(415) 898-1555
Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
ROBERT ROSS and JEAN ROSS, } ASBESTOS
No. CGC-10-275731
Plaintiffs, )
)
vs. THIRD AMENDED COMPLAINT FOR
PERSONAL INJURY AND LOSS OF
C.C. MOORE & CO. ENGINEERS; ) CONSORTIUM - ASBESTOS
Defendants as Reflected on Exhibit | )
attached to the Summary Complaint )
herein; and DOES 1-8500. )
Ll Plaintiff ROBERT ROSS was born September 9, 1935.
2. The ©Brayton*Purcel] Master Complaint for Personal Injury [and Loss of
Consortium]- Asbestos (hereinafter "Master Complaint”) was filed January 2, 2003, in San
Francisco Superior Court. A copy of the Master Complaint and General Order No. 55 may be
obtained upon request from Brayton Purcell, and designated portions of the Master Complaint
are incorporated by reference herein pursuant to the authority conferred by General Order No.
55. Plaintiffs’ claims are as set forth in said Master Complaint against defendants herein as
follows:
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3. Plaintiffs asbestos-related injury, date of diagnosis, employment status, and
history of exposure to asbestos are as stated on Exhibit A.
4, Plaintiffs were married on December 15, 1975.
5. Plaintiff hereby amends the Master Complaint on file herein, to incorporate a
new Twenty-First Cause of Action, set forth below, specially plead against the defendant listed
on Exhibit N, namely METROPOLITAN LIFE INSURANCE COMPANY. (Plaintiffs are in
the process of amending the Master Complaint herein and will include this new Cause of
Action in said amendment.)
“TWENTY-FIRST CAUSE OF ACTION
Aiding and Abetting Battery
[Against Metropolitan Life Insurance Company
and Does 7501-7900, Inclusive]
AS AND FOR A FURTHER, TWENTY-FIRST, SEPARATE AND DISTINCT
CAUSE OF ACTION FOR AIDING AND ABETTING BATTERY, PLAINTIFF
COMPLAINS OF DEFENDANTS METROPOLITAN LIFE INSURANCE COMPANY,
DEFENDANTS ON EXHIBIT N, DOES 7501-7900, THEIR ALTERNATE ENTITIES AND
EACH OF THEM, AND ALLEGES AS FOLLOWS:
225. Plaintiff incorporates herein by reference, as though fully set forth hereat, each
and every allegation of the First through Third and Sixteenth, Seventeenth, Eighteenth and
Nineteenth Causes of Action as though fully set forth herein. (As used throughout this cause of
action, ‘plaintiff’ refers to all named plaintiffs and/or all named decedents from whom the
named plaintiff's injuries may derive.)
226. This cause of action is for the aiding and abetting of battery by METROPOLITAN
LIFE INSURANCE COMPANY (“MET LIFE”), primarily through its assistant medical
director Anthony Lanza, M.D., of a breach of duty committed by Johns-Manville Corporation.
(“T-M”).
227. Plaintiff is informed and believes, and thereon alleges, that at all times herein
mentioned defendant MET LIFE was and is a corporation organized and existing under and by
virtue of the laws of the State of New York or the laws of some other state or foreignco OU mw ND A PF BY Ee
14
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jurisdiction, and that this defendant was and is authorized to do and/or was and js doing
business in the State of California, and regularly conducted or conducts business in the County
of San Francisco, State of California. At times relevant to this cause of action, MET LIFE was
an insurer of J-M.
228. Plaintiff, was cxposed to asbestos-containing dust created by the use of the
asbestos products manufactured, distributed and/or supplied by J-M. This exposure to the
asbestos or asbestos-related products supplied by J-M caused Plaintiff's asbestos-related
disease and injuries.
229. Starting in 1928, MET LIFE sponsored studies of asbestos dust and asbestos-
related disease in Canadian mines and mills, including those of J-M. Those studies revealed
that miners and mil] workers were contracting asbestosis at relatively low levels of dust.
McGill University, which conducted the studies, sought permission from MET LIFE to publish
the results but they were never published. MET LIFE prepared its own report of these studies.
230. Between 1929 and 1931, MET LIFE studied dust levels and disease at five U.S.
plants manufacturing asbestos-containing products, including a J-M plant. Those studies
showed that workers in substantial numbers were contracting asbestosis, at levels less than
what became the Threshold Limit Value (“TLV”) of Smppef. The MET LIFE report was never
published or disseminated except to plant owners, including J-M.
231. In 1932, MET LIFE studied dust levels and disease at the J-M plant at Manville,
New Jersey. Results were consistent with those of the Canadian and previous U.S. plant
studies. They were never published.
232. In 1934, J-M and others whose plants MET LIFE had studied agreed with MET
LIFE that it should issue a report of its studies.
233. MET LIFE submitted a draft of its report to J-M. J-M requested, for legal and
business reasons, that certain critical parts of the draft be changed. MET LIFE’s official in
charge was Lanza. MET LIFE through Lanza did make changes that J-M requested, including:
{a) Deletion of MET LIFE’s conclusion that the permissible dust level for asbestos
should be less than that for silica;
HeAnjueedi9340\p!e\CMP-3AMND
HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSOR’ - A(b) Addition of the phrase that asbestosis clinically appeared to be milder than:
silicosis.
The report, thus altered, was published in 1935. It was misleading, and intentionally so,
because it conveyed the incorrect propositions that asbestosis was a less serious disease process
than silicosis and that ligher levels of asbestos dust could be tolerated without contracting
diseases than was the case for silica dust. :
234. MET LIFE had a close relationship with J-M. It invested money in J-M. It
provided group health and life insurance to JM. MET LIFE IN 1934 agreed to supply
industrial hygiene services to J-M, including dust counts, training employees to monitor dust
levels, examining employees, and recommending protective equipment. MET LIFE and Lanza
were viewed as experts on industrial dusts.
235. In 1933, MET LIFE through Lanza issued the following advices to J-M:
(a) Disagreeing with the recommendation of a J-M plant physician, MET LIFE
-advised against warming workers of the fact that asbestos dust is hazardous to
their health, basing its advice in view of the extraordinary legal situation;
(b) When the plant physician judged the best disposition of an employee with
asbestosis was to remove him from the dust, MET LIFE advised instead that
disposition should depend on his age, nature of work and other factors and to
leave him alone if he is old and showing no disability, for, MET LIFE stated,
economic and production factors must be balanced against medical factors.
236. J-M followed the MET LIFE advices and did not warn its workers, including
plaintiff, of the hazards of asbestos dust, and J-M also intentionally refrained from notifying
workers of their disease.
237, In 1936, MET LIFE, J-M and others founded the Air Hygiene Foundation
(“AHF”), One of the AHF purposes was to develop standards for dust levels that would serve
as a defense in lawsuits and workers’ compensation claims.
238. MET LIFE funded partially another study that tentatively recommended in 1938 a
TLV for asbestos dust of Smpccf, the same as for silica dust. MET LIFE was aware of dataCD ON DA Rw nN =
be
from its own, unpublished reports that showed that level was too high for asbestos dust. MET
LIFE nonetheless promoted that TLV as proper.
239. In June 1947, the Industrial Hygiene Foundation (“IHF”) which succeeded to the
AHF, issued a report of studies by Dr. Hemeon of U.S. asbestos plants, including a J-M plant.
That report showed that workers exposed to less than the recommended maximum levels of
dust were developing disease. MET LIFE was a member of the IHF and Lanza was on its
medical committee. The Hemeon report, which was supplied to J-M and other owners, never
was published.
240. in 1936, J-M and other asbestos companies agreed with a leading medical research
facility, Saranac Laboratories, that Saranac would research asbestos disease, but J-M and the
others retained control over publication of the results. In 1943 Saranac’s Dr. Leroy Gardner, in
charge of the research, sent a draft to J-M that revealed that 81.8% of mice exposed to long
fiber asbestos contracted cancer. .
241. Dr. Gardner died in 1946. J-M and other companies wanted parts of the Saranac
results published and enlisted the assistance of MET LIFE’s Lanza. J-M and other companies
decided that Saranac’s findings of cancer caused by asbestos in mice must be deleted, as well as
Saranac’s critique of existing dust standards. Lanza directed Saranac to delete the offending
materials. Saranac did so, and the altered report was published in 1951 by Saranac’s Dr.
Vorwald, in the AM4 Archives of Industrial Hygiene.
242. Lanza left MET LIFE at the end of 1948, and took a position at New York
University, funded by MET LIFE. He continued to misrepresent that asbestos does not cause
cancer into the 1950s.
243. The THF (formerly AHF), of which MET LIFE was a member and MET LIFE
official was on its medical committee, through Drs. Braun and Truan conducted a study of
Canadian miners. The original report, in 1957, found an increased incidence of lung cancer in
persons exposed to asbestos. The sponsors, including J-M, caused those findings to be stricken,
and the report published in 1958 contained the false conclusion that asbestos exposure alone
did not increase the risk of lung cancer.
K Nlyused 9369p CEP. IAMND. 6
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS244. The false and misleading reports that a link between asbestos exposure and cancer
was not proven influenced the TLV, for if a substance causes cancer the TLV must be very low
OF Zero.
245. J-M not later than 1933 was inflicting asbestos dust on its workers in its plants
knowing that the dust was hazardous and was causing workers to contract disease that could
and would disable and kill them, As MET LIFE advised, J-M did not warn its workers of the
hazard. J-M committed battery on workers in its plants, including plaintiff, by that conduct,
246. MET LIFE knew that J-M’s conduct constituted a breach of its duties to its
workers. MET LIFE gave substantial assistance to J-M in committing batteries on its workers,
including plaintiff, through MET LIFE’s conduct described above, including by:
(a) Affirmatively urging J-M noi to warn workers of the hazards of asbestos dust, in
view of the extraordinary Jegal situation, such that J-M did not warn its workers,
including plaintiff, /
(b) Deleting the findings of its own draft report that the allowable limits for asbestos
dust should be less than those for silica dust, and promoting a false and unsafe
TLV which specified maximum levels of silica dust, and promoting a false and
unsafe TLV which specified maximum levels of dust for workers, including
plaintiff, which MET LIFE knew was wrong through its own studies;
(c) . Advising J-M to keep certain workers continuing to work at dusty areas in the
plant even after J-M was aware that their lungs showed asbestos-induced
changes, lest other workers ineluding plaintiff be alerted to the dangers of
working in the dust.
WHEREFORE, plaintiff prays judgment as is hereinafter set forth.”
6. Plaintiffs do not make a claim for either false representation or punitive damages
against any named defendant herein, except as against defendants HANSON PERMANENTE
CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION, CAHILL
CONSTRUCTION SERVICES, INC., CAHILI. CONTRACTORS, INC,, and CAHILL
CONSTRUCTION CO., INC.
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7. Plaintiff’s claims against TEMPORARY PLANT CLEANERS, INC. arise from
its employees’ removal and disturbance of existing and newly applied asbestos-containing
thermal insulation and gaskets during installation, remodel and repair work in close proximity
to plaintiff ROBERT ROSS, to wit: Tidewater Associated Oil, Avon, CA., 1959-1965
(3 weeks), 1961-1962 (Approx ] month); Union Oil, Rodeo/Oleum, CA., 8/1960-7/1961,
10/1961-6/1962, 5/1965-12/1966 (3 weeks, on and off), 1973-1977 (on and off for approx.
2 months), 1/1974-3/1974 (3 weeks, on and off), 1/1977-2/1977 Q months); Shell Oil,
Martinez, CA., 7/1961-10/1961, 7/1962-5/1965 (6 weeks, on and off), 7/1961-10/1961, 7/1962-
3/1965 (2 weeks, on and off), 7/1961-10/1961, 7/1962- 12/1962 (3 weeks, on and off), 8/1960-
7/1961, 10/1961-6/1962, 5/1965-12/1966 (2 weeks, on and off), 1973-1977; Standard Oil,
Richmond, CA., 7/1961-10/1961, 7/1962-5/1965 (3 weeks, on and off), 10/1973-12/1973,
3/1974-3/1976, 10/1976-2/1977 (4 months, on and off), 1974 - 1977; Phillips Petroleum
Company/ Lion Oil Company, Avon, CA., 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977
(1 month, on and off); Chevron Chemical (aka Ortho Plant), Richmond, CA., 1/1974-3/1974
(2 weeks, on and off) In addition, plaintiffs’ claims arise from TEMPORARY PLANT
CLEANERS, INC. supplying asbestos-containing gaskets and asbestos-containing thermal
insulation for those same jobsites.
8. Plaintiff's claims against COLLINS ELECTRICAL COMPANY, INC.
arise from its employees’ disturbance of existing and newly applied asbestos-containing
fireproofing and thermal insulation during their installation, remodel and repair work in close
proximity to plaintiff ROBERT ROSS, to wit: Mare Island Naval Shipyard, Vallejo, CA., 1959
(on and off for 3 months), 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977 (1 month, on and
off), 1977 (3 to 4 weeks, on and off); Veterans Administration Hospital, Palo Alto, CA., 1960 -
1962, 1965 - 1966, 1977 (approx. 2 months); San Francisco International Airport, San
Francisco, CA., 8/1960-7/1961, 10/1961-6/1962, 5/1965-12/1966, 1/1967-3/1972, 1979
(2 weeks, on and off); San Francisco State University, San Francisco, CA., 8/1960-6/1962,
5/1965-12/1966, 1/1967-3/1972, 1983 (April) (2 weeks, on and off); Children’s Hospital,
California Street, San Francisco, CA., 1960-1962, 1965-1966, 1967 - 1972, 1977 - 1981 (onOo OB YW DH BF YW Bw mw
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and off); Firestone Tire & Rubber Salinas, CA., 8/1960-7/1961, 10/1 961-6/1962, 5/1965-
12/1966 (3-4 weeks); IBM, Cottle Road, San Jose, CA., 1960 - 1962, 1965 - 1966, 1967-1972,
1977-1981; Lockheed, Sunnyvale, CA., 1960 - 1962, 1965 - 1966, 1967-1972, 1977-1981;
University of California, Berkeley, CA., 8/1960-7/1961, 10/1 961-6/1962, 5/1965-12/1966,
1/1967-3/1972, 4/1977-3/1981; UC Berkeley (Central Steam Plant), Berkeley, CA., 1960 -
1962, 1965 - 1966 (1 week), Standard Oil, Richmond, CA., 7/1961-10/1961, 7/1962-5/1965
(3 weeks, on and off), 10/1973-12/1973, 3/1974-3/1 976, 10/1976-2/1977 (4 months, on and
off), 1974 - 1977; University of California, Berkeley, CA. (Boiler Plant), 7/1961-10/1961,
7/1962-5/1965 (3 weeks); Sacramento Convention Center, Sacramento, CA., (16" St.), 4/1972-
9/1973 (3 months, on and off); Aerojet-General, Rancho Cordova, CA., 4/1972-9/1973 as
working days); Bay View Housing Development (Hunters Point), San Francisco, CA., 1978
(2 weeks, on and off); University of California, Berkeley, CA. (Warren Hall), 1979 (2 weeks);
UC Berkeley, Berkeley, CA.,1980 - 1989,; 1990 - 1991, 1993, 1992-1993; University of
California, Berkeley, CA. (Hearst Gym), 1981 (2 weeks, on and off); University of California,
Berkeley, CA. (Gilman Hall), 1981 (1 week, on and off); University of California, Berkeley,
CA. (Life Science Building), 1981 (14 weeks, on and off); Mare Island Naval Shipyard,
Vallejo, CA. (Building $03); 1981 (6 weeks, on and off); St. Francis Hospital, San Francisco,
CA,, 1982. (2 weeks, on and off), 1984 (1 week, on and off); University of California (Dwight
Derby School for the Deaf), Berkeley, CA., 1983 (1 week, on and off); University of California
(Harmon Gym), Berkeley, CA., 1983 (Oct.~Dec.) (3 weeks, on and off); University of
California (Robbins Hall), Berkeley, CA., 1983 (Oct.-Dec.) (2 weeks, on and off); Mare Island
Naval Shipyard, Building 71, Vallejo, CA., 1984 (2 months, on and off); and Mare Island
Naval Shipyard (Building 70), Vallejo, CA., 1985 (2 weeks, on and off). .
7. With regard to CAHILL CONSTRUCTION SERVICES, INC., CAHILL
CONTRACTORS, INC., CAHILL CONSTRUCTION CO., INC., hereinafter “CAHILL,”
plaintiffs allege that it acted with malice, oppression or fraud, in conscious disregard of the
rights or safety of plaintiff s and other persons similarly situated.
ifEven though CAHILL was under mandatory duties to protect workers on its job sites
and CAHILL admits that, at a CAHILL-run job site, there is nothing more important than
safety,
- No CAHILL senior executive, prior to the 1980s, did anything respecting the
rights and safety of any worker with regard to asbestos;
- CAHILL cannot identify any CAHILL job superintendent in the 1970s or 1980s
that were known to have read or reviewed the California General Safety Orders or had
any idea what they say or prescribe;
CAHILL took no precautions at any construction site regarding asbestos, prior
to the 1980s;
- CAHILL has never prepared any written communications regarding the dangers
of asbestos;
- CAHILL never posted any notices with regard to asbestos at any of its job sites,
prior to the 1980s;
CAHILL never employed any laborers who used any special equipment to clean
up asbestos-laden debris at any CAHILL-mn job site, prior to the 1980s;
- CAHILL did not supply or make available to any of its employees or
subcontractors any special equipment for cleaning up asbestos-laden debris; nor did it
mandate the use of such special equipment;
- CAHILL took no steps to employ any housekeepin, Alps to eliminate,
Caos. or contro! workers’ exposure to asbestos at any /L-run job site prior to
the
- CAHILL never provided any change rooms, showers, baths or lavatories or
similar facility(ies) to address workers’ exposure to asbestos at any CAHJLL-run job
site prior to the 1980s;
-¢ CAHILL never conducted any testing for airborne asbestos at any CAHILL-run
job site prior to the 1980s;
- CAHILL has never refused to allow any subcontractor to deliver to or use
asbestos-containing products at any CAHTLL-run job site;
- CAHILL has never had policy to place any warnings regarding asbestos at any
building; and
- CAHILL has made no attempt to determine how many people is has exposed to
asbestos.
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XC Mnjored) DKpheACM PARI. 10
HIRD AMENDED COMPLE! ‘(AL INJURY AND LOSS OF CONSORTIUM - ASBESTOSAccordingly, plaintifls are entitled to recover punitive damages from CAHILL.
Dated: Ht] 31K BRAYTON“PURCELL LLP
By
"David R Donadio
Attorneys for Plaintiffs
Kinjured\)9449ipldXCMP-3AMND.wad
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THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEXHIBIT 1_
oO SC © YR RB YW ND
EXHIBIT 1 - LIST OF DEFENDANTS
C.C. MOORE & CO. ENGINEERS
ASSOCIATED INSULATION OF CALIFORNIA
FLUOR CORPORATION .
HANSON PERMANENTE CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION
METROPOLITAN LIFE INSURANCE COMPANY
OAKFABCO, INC,
SLAKEY BROTHERS, INC.
BAYER CROPSCIENCE INC. .
GRAYBAR ELECTRIC COMPANY, INC.
CSK AUTO, INC.
THE GOODYEAR TIRE & RUBBER COMPANY
JOHNSON CONTROLS, INC.
PHARMACIA CORPORATION, WHICH WILL DO BUSINESS IN CALIFORNIA AS PHARMACIA PHARMACEUTICAL CORPORATION
H & C INVESTMENT ASSOCIATES, INC.
FOLEY ELECTRIC CO,
CINCINNATI VALVE COMPANY
C & R PLASTERING, INC,
TUTTLE AND BAILEY CORP
LAUB SHEET METAL WORKS
WILLARD ELECTRIC
WESTBURNE SUPPLY, INC
COMMAIR MECHANICAL SERVICES
ACCO ENGINEERED SYSTEMS, INC.
CONSOLIDATED INSULATION, INC,
WRIGHT SCHUCHART HARBOR COMPANY
ALLIED FIRE PROTECTION
PRIBUSS ENGINEERING, INC.
ADVANCE MECHANICAL CONTRACTORS, INC.
COSCO FIRE PROTECTION, INC.
CAHILI. CONSTRUCTION SERVICES, INC.
DORN REFRIGERATION AND AIR CONDITIONING
MARINE ENGINEERING AND SUPPLY COMPANY
VAN-MULDER SHEET METAL, INC.
IMPERIAL PLASTERING & DRYWALL
GENERAL MILLS, INC.
KENTILE FLOORS, INC.
DOMCO PRODUCTS TEXAS, LP.
FULLER FLOORS
ROBERT MAGEE
MARSHCO AUTO PARTS, INC.
EMIL J, WEBER FLECTRIC CO.
THE W.W. HENRY COMPANY
TEMPORARY PLANT CLEANERS, INC.
D. ZELINSKY & SONS, INC.
ALBAY CONSTRUCTION COMPANY
PACIFIC MECHANICAL CORPORATION
WALNUT CREEK SHEET METAL, FURNACE & AIR CONDITIONING, INC.
PARKER INSULATION CONTRACTING & SUPPLY CO. INC.
EX- EME, INC. (FKA FISCHBACH AND MOORE ELECTRIC, INC.)
GIAMPOLINI & CO.WEBCOR BUILDERS, INC
JONES PLASTERING COMPANY
J.W.MCCLENAHAN COMPANY, INC. -
SCOTT CO. OF CALIFORNIA
BARNES CONSTRUCTION CO
BALLIET BROS, CONSTRUCTION CORPORATION
CLAUSEN-PATTEN, INC
A. TEICHERT & SON, INC.
CRITCHFIELD MECHANICAL, INC,
JOSEPH BRUNO SHEET METAL CQ,, INC,
BELL PRODUCTS INC.
ALLEN-SIMMONS HEATING & SHEET METAL COMPANY INC.
ROLLIE R. FRENCH, INC.
HENRY C. BECK COMPANY
INSULATION SPECIALTIES, INC.
TEMPER INSULATION
RED TOP ELECTRIC CO. EMERYVILLE, INC.
SFL,INC. :
ALLSBERRY MECHANICAL CORPORATION
MIDSTATE MECHANICAL, INC.
ROUNTREE PLUMBING & HEATING INC.
COLLINS ELECTRICAL COMPANY, INC,
HAROLD BEASLEY PLUMBING AND HEATING, INC.
SUGDEN ENGINEERING CO.
LONE STAR INDUSTRIES, INC.
JAMES A. NELSON CO,, INC.
MICHAEL BROTHERS
MACK CONSTRUCTION CO.
MITCHELL BROS. TRUCK LINES, INC.
AIR SYSTEMS MECHANICAL CONTRACTOR
17 | 4 & K HEATING COMPANY, INC.
ADVANCED MECHANICAL
8 || PACIFIC FIREPROOFING
MATTOCK CONSTRUCTION COMPANY
91) HARRY LEE PLUMBING & HEATING
W.C. THOMASON
20) CLIMATE AIR, INC.
ALLIED SPRINKLER COMPANY, INC.
DELUCCHI SHEET METAL WORKS
32 | MCCLURE ELECTRIC, INC.
DPR CONSTRUCTION
23 |] COR PLASTERING
COSCO SPRINKLER
24 || ROLLINS CONSTRUCTION
BANNER DRYWALL & PAINTING CO. INC
25 |] ORTHO-CRAFT
DONOVAN: CONSTRUCTION
26]| BETA MECHANICAL CONTRACTORS, LIMITED
PRIBUSS ENGINEERING
271) DILLAND SEDERBERG PLUMBING
ERWIN MECHANICAL INC.
28] CLIMATE CONTROL CO,, INC.
OOD mW NY FH RB we LB
me oe
~
A vA RP WhDORN REFRIGERATION
CASTRO CONSTRUCTION, INC.
VAN MULDER SHEETMETAL
W.C. THOMPSON
CALIFORNIA DRYWALL CO.
BRAGG INVESTMENT COMPANY, INC.
FAIRMONT HOTEL COMPANY
TEXACO, INC.
D.W. NICHOLSON CORPORATION
SWINERTON BUILDERS
ANDERSON, ROWE & BUCKLEY, INC.
CAHILL CONTRACTORS, INC,
CUPERTINO ELECTRIC, INC.
UT. THORPE & SON, INC.
MALM METAL PRODUCTS, INC.
PERINI CORPORATION
RAYMOND INTERIOR SYSTEMS-NORTH
S.J. AMOROSO CONSTRUCTION CO., INC. (formerly sued as DOES 14 and 1014)
DURO DYNE CORPORATION (formerly sued as DOE 13 and 1013)
CAHILL CONSTRUCTION CO., INC. (formerly sued as DOES 12 and 1012)
and DOES 1-8500,
Defendants.
K:Unjuced P49 IF CMP-AAMND wep 15
THIRD AMEND! (OMPLA: FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEXHIBIT APeco WM DH BR Ww YM
bow My RNS eR RN DY S| SB Be Se Se Pe Be Be Be
oe UW AA BN & Swe wn ANH FF WH - So
EXBIBIT A
Plaintiffs exposure to asbestos and asbestos-containing products occurred at various
Jocations both inside and outside the State of California, including but not limited to:
Employer
Philip Carey
Cincinnati, OH
Coast Insulating Products
Los Angeles, CA
Universal Insulation
520 6" Avenue
Menlo Park, CA
Universal Insulation
520 6" Avenue
Menlo Park, CA
AC&S
‘Lancaster, PA
Western Asbestos
Western Asbestos
3150 3" Street
San Francisco, CA.
Westem Asbestos
3150 3° Street
San Francisco, CA.
Heat, Frost & Asbestos
Workers Union
Local 16
Western Asbestos
3150 3 Street
San Francisco, CA
MW
A Mnjeredl 9340 9h NCMP_2AMND.w
THIRD AME!
Location of
Exposure
Warehouse
101 Wilhams
San Francisco, CA
Jack Tar Hotel
{aka Cathedral Hill Hotel)
1101 Van Ness
San Francisco, CA
Fertilizer Plant
Helm, CA
Mare Island Naval
Shipyard
Vallejo, CA
Hewlett Packard
Menlo Park, CA
UC Berkeley (Central
Steam Plant),
Berkeley, CA
Tidewater Associated Oil
Avon, CA
PG&E Powerhouse
Pittsburg, CA
Queen of the Valley
Hospital
Napa, CA
Maritime Union
Mission Street
San Francisco, CA
Job Title
Warehouseman
Insulator
(Apprentice)
Insulator
(Apprentice)
Insulator
(Apprentice)
Insulator
* Insulator
Insulator
Insulator
Insulator
McKinleyville Hi gh School Insulator
McKinleyville, C.
Exposure
Dates
211959-8/1959;
12/1959-1/1960
(1 week)
8/1959-9/1959
(approx. 5 wks)
1959 (on and off
for 3 months)
1959 (1-2 weeks)
1960-1962;
1965-1966
(1 week)
1959-1965
(3 weeks)
1/1960-7/1960
7/1960 (3 weeks)
Approx. 1960
(1 day)
7/1961-10/1961;
7/1962-5/1965
(3% weeks, on
and off)
EXHIBIT Aeo mY DA nH B® ww
10
Employer
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3 Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3 Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3” Street
San Francisco, CA
Western Asbestos
3150 3” Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3” Street
San Francisco, CA
EXHIBIT A (cont'd.
Location of
Exposure
Calaveras Cement Plant
Redding, CA
Tidewater Oil Company
Avon, CA
Monsanto Chemical
Avon, CA
PG&E Powerhouse
Pittsburg, CA
Colgate Palmolive
Berkeley, CA
Gerber Foods
Oakland, CA
Ampex Systems Corp.
Redwood City, CA
Pacific Bell Telephone
San Francisco, CA
PG&E
Antioch, CA
Hercules Powder
Hercules, CA
Georgia Pacific
Arcata, CA
Job Title
Insulator
Insulator
Tusulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
1961-1965
(1 month)
1961-1962
(Approx | month)
1961-65 (Approx
1 month)
1961-1965
(3 months)
7/1961-10/1961;
7/1962-5/1965
{5 weeks, on and
off)
7/1961-10/1961;
7/1962-5/1965
(3 weeks, on and
off)
1961-1962 (2-3
weeks, on and off)
1961-1965
(3 months)
1961-1965
(5-6 months)
7/1961-10/1961;
7/1962-5/1965
(month, on and
off)
7/1961-10/1961;
7/1962-5/1965
(2-3 months, on
and off)
EXHIBIT ASoe Be UD th BR we Be
A Ww BR lwW NN
EXHIBIT A (cont'd.)
Location of
Employer Exposure Job Title
Western Asbestos Bethlehem Steel Insulator
3150 3" Street Shipbuilding
San Francisco, CA San Francisco, CA
“Triple A Machine Shop
(Pier 64) _
San Francisco, CA
Willamette Shipyard
Richmond, CA
Pacilic Ship Repair
(Pier 36)
San Francisco, CA
Todd Shipyard
Oakland, CA
Matson Navigation
(Pier 30)
San Francisco, CA
Naval Air Station
‘Alameda, CA
JOSEPH P. KENNEDY
IR.
(DD-850)
CHEY ENNE
(T-AG-174)
" HAWAIIAN PLANTER
(1945)
RAFFIAS
(AF-2
IEWS
(AKA-96)
MERRICK
(AKA-97)
TWINING
(DD-540)
GENERAL W.A. MANN
(AP-112)
if
Exposure
Dates
TI961-10/1961;
T1962-5/1965
(on and off for
approx. | week
each time)
EXHIBIT A
Mn -3AMND w 19
THIRD AMEN SED ¢ t SMIPLA NT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSom AHR mA BF WN
10
Employer
Western Asbestos
31503" Street
San Francisco, CA (cont’d.)
Western Asbestos
3150.3" Street
San Francisco, CA
Western Asbestos
3150 3” Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3 Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Wa
Klnjured\t 9549p CMP-SAMND. vy
EXHIBIT A (cont'd.)
Location of
Exposure
Bethlehem Steel
Shipbuilding
San Francisco, CA
MONTEREY
(1952)
BLAND
(APA-134)
PONTCHARTRAIN
(WPG-70)
CALIFORNIAN
(1946)
AMERICAN ROBIN
(1943)
ROSE KNOT
(1945)
HAWAUAN
(1946)
Grace Cathedral
San Francisco, CA
Western-Asbestos Pad
Shop, 3" Avenue and
Army, San Francisco, CA
PG&E Nuclear
Powerhouse
Humboldt County
Eureka, CA.
PG&E
San Francisco, CA
{Potrero Station)
Dow Chemical
Pittsburg, CA
TAINT FOR PERSONAL
Job Title
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
7/1961 -10/1961;
TA962-S/1 965
1963-1965
7/1961-10/1961,;
7/1962-5/1965
(2 weeks, on and
off)
T/1961-10/1961;
T11962-5/1965
(2. -3 days, on and
off)
7/1961-10/1961,
7/1962-12/1962
(5 months, on and
off}
7/1961-10/1961;
7/1962-5/1965.
(2 to 3 weeks, on
and off)
7/1961-10/1961;
F/1962-5/1965
(1 month, on and
off)
EXHIBIT A.
5 OF CONSORTIUM - ASBESTOSEXHIBIT A (cont'd.)
Location of
Employer Exposure
Western Asbestos Shell Oi1
3150 3% Street Martinez, CA
San Francisco, CA
Western Asbestos PG&E
3150 3 Street Oakland, CA
San Francisco, CA
Western Asbestos Vallecitos Atomic
3150 3° Street Laboratory
San Francisco, CA Pleasanton, CA
Western Asbestos Missile Base
3150 3" Street Live Oak, CA
San Francisco, CA
Western Asbestos University of California
3150 3" Street Berkeley, CA
San Francisco, CA (Boiler Plant)
Western Asbestos Shell Oil
3150 3” Street Martinez, CA
San Francisco, CA
Western Asbestos Standard Oil
3150 3" Street Richmond, CA
San Francisco, CA
Western Asbestos Shell Oil
3150 3 Street Martinez, CA
San Francisco, CA
Western Asbestos Hills Brothers Coffee
3150 3" Street San Francisco, CA
San Francisco, CA
AC&S Insulation US Department of
P.O, Box 1268 Agriculture
Lancaster, PA Albany, CA
Me
Alnjured19349\gkCMP-3AMND. 21
THIRD Al ‘COMPLAINT FOR Al
Job Title
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator .
Insulator
ND LOS:
Exposure
Dates
7/1.961-10/1961;
7/1962-5/1965
(6 weeks, on and
off}
7/1961-10/1961;
711962- 12/1962
(2 weeks, on and
off}
FA961-10/1961;
7£1962-5/1965
{2 weeks, on and
off}
7/1961-10/1961;
7/1962-5/1965
(1_ month, on and
off}
7/1961-10/1961,
T/1962-5/1965
(3 weeks)
7/1961-10/1961;
7/1962-5/1965
(2 weeks, on and
o,
7/1961-10/1961;
711962-5/1965
(3 weeks, on and
off)
TA961-10/ 1961;
7/1962- 12/1962
(3 weeks, on and
off)
7/1961-10/1961;
7#1962-5/1965
{2 weeks, on and
off}
8/1960-7/1961;
10/1961 -6/1962;
5/1965-12/1966
(2 months, on and
off)
EXHIBIT A
CONSORTE = STOEmplover
AC&S§ Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O, Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
“ue
EXUIBIT A (cont'd)
Location of
Exposure
Steinhart Aquarium
San Francisco, CA
Union Oil
Rodeo/Oicum, CA
Sonoma State University
Rohnert Park, CA
(Science Building, Steam
Tunnels & Boiler Room}
* Oakland Coliseum
Oakland, CA
Firestone Tire & Rubber
Salinas, CA
Golden Gateway
Apartments
San Francisco, CA
Oakland Museum
Oakland, CA
California State University
Humboldt, CA
(Science Building)
AEC-Lawrence Livermore
Laboratory
Livermore, CA
Job Title
Insulator
Insulator
{Foreman}
Insulator
- Insulator
Insulator
Insulator
Insulator
(Foreman)
Insulator
Insulator
(Foreman)
Exposure
Dates
1961-1965
(20 days)
8/1960-7/1961;
10/196) -6/1962;
5/1965- 12/1966
(3 weeks, on and
off)
8/1960-7/1961;
10/1961 -6/1962;
$/1965-12/1966
(1-1 % months, on
and off)
8/1960-7/1961;
10/1961-6/1962;
$/1965-12/1966
(5 weeks)
8/1960-7/1961;
10/1961-6/1962;
§/1965-12/1966
(3-4 weeks)
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
(1 month)
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
(1 month, on and.
off)
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
(2 to 3 months, on
and off)
8/1960-7/1961;
10/1961-6/1962;
(1 month, on and
off)
EXHIBIT A
lnures195404p\FCMP-3AMND wed 22
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS UF CONSORTIUM - ASBESTOSDOO a KD oH Bw
Employer
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O, Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA.
AC&S Insulation
P.O. Box 1268
Lancaster, PA
“ACKS Insulation
P.O. Box 1268
Lancaster, PA
AC&S insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
it
EXHIBIT A (cont'd)
Location of
Exposure dob Title
Bank of America Insulator
San Francisco, CA (Foreman)
(1 South Van Ness
Avenue)
Georgia Pacific Insulator
Samoa, CA (Foreman)
University of California Insu
Berkeley, CA
San Francisco Intemational Insu
Airport
San Francisco, CA
UCSF Medical Center Insul
Parnassus Ave.
San Francisco, CA
San Francisco State
University
San Francisco, CA.
Fairmont Hotel
lator
ator
ator
Insulator
Insulator
San Francisco, CA
Chabot College
Hayward, CA
San Francisco General
Hospital
Insulator
San Francisco, CA.
Lockheed
Sunnyvale, CA.
Stanford Medical Center
Palo Alto, CA
Insulator
Insulator
23
Insulator
Exposure
Dates
$/1960-7/1961;
10/1961 -6/1962;
5/1965- 12/1966
(3 months, on and
off}
8/1960-7/1961;
10/1961-6/1962;
35/1965-12/1966
(1 month, on and
off)
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
8/1960-6/1 962;
5/1965-12/1966
8/1960-6/1962,
5/1965-12/1966
(8 days)
8/1960-6/1962;
(10 man days)
5/1965-12/1966;
(several weeks)
8/1960-6/1962;
5/1965-12/1 966
(100 days)
8/1960-6/1962;
5/1965-12/1966
1960-1962;
1965-1966
1960-1962;
1965-1966
EXHIBIT A
KAlnjuved\49340pIACMP-IAMND.wod
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEmployer
AC&S insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
120 North Lime St.
Lancaster, PA
AC&S Insulation
120 North Lime St.
Lancaster, PA
AC&S Insulation
20 North Lime St.
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
i
K Aijured\9548 (gh MP JAMND.wpd,
eee ae Ne ae
EXHIBIT A (cont'd.
Location of
Exposure
Stanford University
Engineering Bldg.;
School Business;
other buildings
Palo Alto, CA.
Golden Gateway Center
Apartments
San Francisco, CA
Children’s Hospital
California Street
San Francisco, CA:
Kaiser Hospital
Geary Street
San Francisco, CA
Hillcrest Elementary
School
Rodeo, CA
Hall of Justice
Oakland, CA
Georgia Pacific
Arcata, CA
Bechtel Building
30 Beale Street
San Francisco, CA
NASA-AMES Research
Center
Moffett Field
Sunnyvale, CA
Veterans Administration
Hospital
Palo Alto, CA
Berkeley High School
Berkeley, CA
Job Title
Insulator
insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
8/1960-6/1962,
5/1965-12/1966
- 1960-1962;
1965-1966
1960-1962;
965-1966
960-1962;
965-1966
961-1962
(1 month, on and
off}
960-1962;
1965-1966
(1 week, on and
°
1960-1962;
965-1966
(2 weeks)
1960-1962;
965-1966
(1 week)
1960-1962;
1965-1966
“1960-1962;
1965-1966
8/1960-7/1961,;
10/196 1-6/1962;
5/1965-12/1966
G days)
EXHIBIT A
24
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSwo wm MW A HW kB Ww Ny =
eo
~ oS
Employer
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
-O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
P.O. Box 1268
Lancaster, PA
Consolidated Insulation
Consolidated Insulation
517-D Marine View Ave.
Belmonl, CA
i
KAInjured\19340\pleCMP-IAMND.wpd
EXHIBIT A (cont'd.)
Location of
Exposure
Shell Oil
Martinez, CA
Naval Hospital
Oakland, CA.
Emerson Elementary
School
Berkeley, CA
IBM
Cottle Road
San Jose, CA
Hewlett Packard
Palo Alto, CA
General Motors
Fremont, CA
Washington Hospital
Fremont, CA
St. Luke’s Hospital
San Francisco, CA
Chiron Building
Berkeley, CA
K-Mart
Vallejo, CA
State Compensation
Building, 1275 Market St.,
San Francisco, CA
Job Title
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
(2 weeks, on and
off)
1960-1962;
1965-1966
(3 weeks, on and
off)
1960-1962;
1965-1966
2 weeks
(on and off)
1960-1962;
1965-1966
1960-1962:
1965-1966
1960-1962;
1965-1966
1960-1962;
1965-1966
1960-1962:
1965-1966
1960-1962;
1965-1966
1967-1972
1967-1972;
1977-1979
(6 weeks, on and
off)
EXHIBIT A
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSowe ND WwW Fw BY =
NON WRN NN NM De Ot oe
Oe aA WwW & WKH = FS Cw A DWH BF WH =
Employer
Consolidated Insulation
Consolidated Insulation
Consolidated Insulation
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation.
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
317-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
K.Xinjoreds19349%pchCMP-3.MND. wpe
Nl A
EXHIBIT A (cont'd.
Location of
Exposure
Alameda County
Administration Building,
Oak Street,
Oakland, CA
Children’s Hospital,
San Francisco, CA
Golden Gate University
Mission Street,
San Francisco, CA
Stanford University
Encina Hall
Palo Alto, CA
Ghirardelli Square
Northpoint Street
San Francisco, CA
Mount Zion Hospital &
Medical Center
San Francisco, CA
Naval Supply
Center Annex
Alameda, CA
Hilton Hotel
Union Square
San Francisco, CA
Fisherman’s Wharf
San Francisco, CA
Pier 39
San Francisco, CA
Ghiradelli Square
San Francisco, CA
Bechtel Building
50 Beale Street
San Francisco, CA
26
Job Title
Jnsu
Insul
Tnsu.
Insu
ator
ator
ator
ator
Insulator
(Foreman)
Insul
Insu
ator
ator
lator
ator
ator
Insulator
Insulator
Exposure
Dates
1967-1972;
1977-1979
(2 weeks)
1967-1972;
1977-1981 (on and
off)(15 man days)
1967-1972;
1977-198]
(5 weeks, on and
off)
1967-1972
{J-2 weeks)
1967-1972
(2 weeks)
1967-1972
(6 weeks off & on)
1967-1972
(3 weeks)
1967-1972
(1 month, on and
off)
1967-1972
(1 month, on and
off); 1977-1980
1967-1970
(3 weeks)
1967-1970
1967-1970
EXHIBIT A
SS OF CONSORTI - ASBES’COW DAA BB WN
- os
- 92
Employer
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
$17-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
FOR PER:
EXHIBIT A (cont'd.
Location of
Exposure
Golden Gateway Center
Apartment Towers
San Francisco, CA
Hewlett Packard
Palo Alto, CA
General Motors
Fremont, CA
Oakland Coliseum
Oakland, CA
Chabot College
Hayward, CA
St. Luke’s Hospital
San Francisco, CA
Chiron Building
Berkeley, CA
Stanford University
Palo Alto, CA
San Francisco General
Hospital
San Francisco, CA
Atomic Energy
Commission
Lawrence Livermore
Laboratory
Livermore, CA
San Francisco State
University
San Francisco, CA
Fairmont Hotei
San Francisco, CA
Job Title
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
1967-1970
(10 days)
967-1972
967-1972
967-1972
967-1972
{10 days)
967-1972
1967-1972
1/1967-3/1972
1/1967-3/1972
1/1967-3/1972
(1 to 3 weeks)
1/1967-3/1972
1/1967-3/1972
EXHIBIT A
K:SInjured\ 9340%pfs\EMP_IAMND 27
THIRD AMENDED COMPLAINT SONAT INJURY iS BESTOS
AND LOSS OF CONSORTIUM - ASBE SOo em YN Aw Bw HN =
RN PR YN KR NR De Se Se ee me eB
Oe YO AA BO NH fF SF Dw A HAW BBR SF
Employer
Consolidated Insulation
$17-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
$17-D Marine View Ave.
Belmont, CA
Knjuredh 1941p ROMP-3AMND wy
THIRD AMEND
EXHIBIT_A (cont'd,
Location of
Exposure
Cafiada College
Woodside, CA
UCSF Medical Center
Parnassus Ave.
San Francisco, CA
University of California
Berkeley, CA
San Francisco International
Airport
San Francisco, CA
NASA-Amies Research
Center
Moffett Field
Sunnyvale, CA
Washington Hospital
Fremont, CA
Stanford Medical Center
Palo Alto, CA
St. Patrick’s High School
Benicia Road
Vallejo, CA
US. Air Force--Travis
AFB
Fairfield, CA
(Commissary)
Alameda Hospital
Alameda, CA
US Post Office
Vallejo, CA
Ice House
San Francisco, CA
Job Title
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
(Foreman)
Insulator
Insulator
Insulator
(Foreman)
Insulator
(Foreman)
Exposure
Dates
1/1967-3/1972
1/1967-3/1972
(Two weeks)
1/1967-3/1972
A/1977-3/1981
1/1967-3/1972
1967-1970
1967-1970
1967-1970
1/1967-3/1972
(1 month, on and
off)
1/1967-3/1972
(2 months, on and
off}
1/1967-3/1972
(1 week, on and
off)
1/1967-3/1972
(1_ month, on and
off)
1/1967-3/1972
(2 months, on and
off)
EXHIBIT ACo wo NAM Bw ND
10
Employer
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
317-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation 517-
D Marine View Ave.
Belmont, CA
Consolidated Insulation 517-
D Marine View Ave.
Belmont, CA
SeMajureshigapipldioMP BAMND wpe
EXHIBIT A (cont'd.
Location of
Exposure
gangiey Porter Clinic
San Francisco, CA
PG&E
The Geysers, CA
Fairmont Hotel
San Francisco, CA
“Civic Center Auditorium
San Francisco, CA
Marin Civic Center,
San Rafael, CA
Standard Oil Building
225 Bush St.
San Francisco, CA
China Basin Building
185 Berry St.
San Francisco, CA
Jack Tar Hotel
(aka Cathedral Hill Hotel)
1101 Van Ness
San Francisco, CA
Embarcadero Center
#1, #2, #3
San Francisco, CA
Unknown Building Market
Street San Francisco, CA
Unknown Office Building
Vacaville, CA
Naval Air Station
Alameda, CA
Job Title
Insulator
(Foreman)
Insulator
Insulator
Insulator
(Foreman)
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
1/1967-3/1972
(1 week, on and
off)
1/1967-3/1972
(6 weeks, on and
off)
1967-1972
(9 days)
1/1967-3/1972
(2 to 3 weeks, on
and off)
1967-1972;
1977-1981
{1 month, on and
off)
1/1967-3/1972
(7 to 10 days)
1/1967-3/1972
(3 weeks)
1/1967-3/1972
(2 weeks, on and
off)
1/1967-3/1972
(1_ month, on and
off)
1967-1972
1967-1972 (one
week)
1967-1972
(3 weeks)
EXHIBIT A
THIRD A
ENDED COMPLAINT FOR PERSONA!
TINSURY AND LOSS OF CONSORTIUM - ASBESTOSEmployer
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Wi
EXHIBIT A (cont'd.
Location of
Exposure
San Francisco War
Memorial Opera House
San Francisco, CA
S.P.CA.
San Francisco, CA
Safeway Bakery
Richmond, CA
Kilpatrick Bakery
Oakland, CA
Sandia National Laboratory
Livermore, CA
Napa State Hospital
Napa, CA
US Department of
Agnulture
Albany, CA
Kaiser Hospital
2425 Geary Blvd.
San Francisco, CA
California Pacific Medical
Center
San Francisco, CA
(California Street)
Coast Guard Facility
Monterey, CA
Veterans Administration
Hospital
Yountville, CA
Unknown Meat Packing
Plant
Sacramento, CA
Job ‘litle
Insulator
(Foreman)
Insulator
Insulator
Insulator
(Foreman)
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
1/1967- 1970
(1_week, on and
off)
1/1967-3/1972
G3 weeks, on and
off)
1/1967-3/1972
(2 weeks, on and
off)
1967-1968
(2 months, on and
off)
141967-3/1972
(1 month, on &
off)
1/1967-3/1970
(month, on and
off)
1/1967-3/1972
(3 weeks, on and
off)
1967-1972
(3 weeks)
1/1967-3/1972
(2 weeks, on and
off)
1/1967-3/1972
(1 week, on and
off)
1/1967-3/1972
(1 week, on and
off
1/1967-3/1972
(2 weeks, on and
off)
EXHIBIT A
injure 9340)p16\CMP-3AMNT wt 30
THIRD AMENDED COMPLAINT FOR PERSONAL IN. OSS OF CONSORTIUM - ASBE:Do woe YN DA F BW NN
ByoN N BW MY RM RD De ee
2a RA BBY = 5S Oo we a DH BBW NY H& CS
Employer
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation 517-
D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
MP 2AMND.wpd
EXHIBIT A (cont'd.
Location of
Exposure
Stonestown Shopping
Center
San Francisco, CA
Children’s Hospital
Oakland, CA
Napa County Hall of
Justice
Napa, CA
Kaiser Hospital
Vallejo, C
Alta Bates Hospital
Oakland, CA
Mills Building
(Bush/Montg
Preview
wow en Dw FF WN & Ny YY NY NY NN NY NSO Be BS BP OS Se PS El Pl NF GG 8 OD NM & SG CC DWN BD UW fF WB NH SF DS 28 BryDON, HUGO & PARKER 135 MAINSTREET 20 FLOOR San Francisco, CA 94205, Edward R. Hugo [Bar No. 124839] P.M. Bessette [Bar No. 127588] Josette D. Johnson [Bar No. 195977] BRYDON HUGO & PARKER 135 Main Street, 20th Floor San Francisco, CA 94105 Telephone: (415) 808-0300 Facsimile: (415) 808-0333 Email: service@bhplaw.com Attorneys for Defendant ELECTRONICALLY FILED Superior Court of California, County of San Francisco FEB 20 2013 Clerk of the Court BY: ALISON AGBAY Deputy Clerk ROU. EE PLUMBING & HEATING, INC. SUPERIOR COURT - STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION ROBERT ROSS and JEAN ROSS, Plaintiffs, vs. C.C. MOORE & CO. ENGINEERS, et al., Defendants. (ASBESTOS) Case No. CGC-10-275731 EXHIBIT A AND C TO THE DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF ROUNTREE PLUMBING & HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 EXHIBIT A AND C TO THE DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF ROUNTREE PLUMBING & HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT ABRAYTON@PURCELL LLP ATTORNEYS AT LAW 222 RUSH LANDING ROAD POBOX 6169 NOVATO, CALIFORNIA 94948-6169 (415) 898-1558 Oo Oo WA A RB WwW NY Rw Mw NR NM KR NR ee ot A WwW BFW Se CO Ow WY DH RW NY = SG DAVID R. DONADIO, ESQ., $.B. #154436 BRAYTON*®PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 Novato, California 94948-6169 (415) 898-1555 Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, } ASBESTOS No. CGC-10-275731 Plaintiffs, ) ) vs. THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF C.C. MOORE & CO. ENGINEERS; ) CONSORTIUM - ASBESTOS Defendants as Reflected on Exhibit | ) attached to the Summary Complaint ) herein; and DOES 1-8500. ) Ll Plaintiff ROBERT ROSS was born September 9, 1935. 2. The ©Brayton*Purcel] Master Complaint for Personal Injury [and Loss of Consortium]- Asbestos (hereinafter "Master Complaint”) was filed January 2, 2003, in San Francisco Superior Court. A copy of the Master Complaint and General Order No. 55 may be obtained upon request from Brayton Purcell, and designated portions of the Master Complaint are incorporated by reference herein pursuant to the authority conferred by General Order No. 55. Plaintiffs’ claims are as set forth in said Master Complaint against defendants herein as follows: fit Mt ue KMnjurechi949\91KCMP-SAMND 1 THIRD AMENDED COMPLAINT FOR PERSONAT INJURY AND LOSS OF CONSORTIUM - ASBESTOS“qiqryxg Aue uo Jo yureldiuio;D JaIsep] 3Y] Ul YLIOJ Jos Sv SoU ayeUTO]]e Noy! pues. GIT OW - Atoneg Sammoqy/surpry) ysttq-AruoasT, g : (Quay - nesoq/pnerg) Ponto, (uoyeasaidaistpy [eUONueTU] Alacaqspnely) yuaaTauiy, Quowessuep/uoreyuasaidars Ay JOST SON Ase “pnesq) yooYsr_ ‘tyuaausaag & : (uno JO ySUOD) YIWADNXIS (Buipetg aoyg axz1g) yusayty “Yusaynog (saotaag Alayes ; — Aroyeardsoy) yuaaynyy ‘yyen O CWE TD weasayy ual , (LVOMHT] Py uctesusduz0D Oo SIONIO Ay TOGUBH] pure asoysSuoq) YUIN (oing pue ssueuayuTEpy‘[Jsy sauo;] : SOUSTI[TON ‘ssounyOMeasuysy) oO GHyBig “UOAag “UAXIS (Anigery soyoerj005 x B HBUMO SASTUAI) UY ooOogogsmgreoodoodoese es a yo Soon -A[uo ‘NOLLVUOdUOOD LNAWIO YASIVA SV NALON ATHINOd ONI “LNG ALNINVAd NOSNVH “ONI “OO NOLLOMLLSNOO THHVO “ON ‘SYOLOVALNOD TIHHVS “ONI ‘SAOLAYAS NOILOMULSNOD THA VO stueptazaq 01 sy 0 ae Sea C] xe Ww (ArTiqe i] Pug) puosas Oo oO O ] ] Oo xo mw (souaBt SON) issty N WwW T + T tT HH 5 a a a D Ta q TWonay jo sn TSLIEIHXa NO «SINVONGdaCwoh Ww Me Oo won DB 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Plaintiffs asbestos-related injury, date of diagnosis, employment status, and history of exposure to asbestos are as stated on Exhibit A. 4, Plaintiffs were married on December 15, 1975. 5. Plaintiff hereby amends the Master Complaint on file herein, to incorporate a new Twenty-First Cause of Action, set forth below, specially plead against the defendant listed on Exhibit N, namely METROPOLITAN LIFE INSURANCE COMPANY. (Plaintiffs are in the process of amending the Master Complaint herein and will include this new Cause of Action in said amendment.) “TWENTY-FIRST CAUSE OF ACTION Aiding and Abetting Battery [Against Metropolitan Life Insurance Company and Does 7501-7900, Inclusive] AS AND FOR A FURTHER, TWENTY-FIRST, SEPARATE AND DISTINCT CAUSE OF ACTION FOR AIDING AND ABETTING BATTERY, PLAINTIFF COMPLAINS OF DEFENDANTS METROPOLITAN LIFE INSURANCE COMPANY, DEFENDANTS ON EXHIBIT N, DOES 7501-7900, THEIR ALTERNATE ENTITIES AND EACH OF THEM, AND ALLEGES AS FOLLOWS: 225. Plaintiff incorporates herein by reference, as though fully set forth hereat, each and every allegation of the First through Third and Sixteenth, Seventeenth, Eighteenth and Nineteenth Causes of Action as though fully set forth herein. (As used throughout this cause of action, ‘plaintiff’ refers to all named plaintiffs and/or all named decedents from whom the named plaintiff's injuries may derive.) 226. This cause of action is for the aiding and abetting of battery by METROPOLITAN LIFE INSURANCE COMPANY (“MET LIFE”), primarily through its assistant medical director Anthony Lanza, M.D., of a breach of duty committed by Johns-Manville Corporation. (“T-M”). 227. Plaintiff is informed and believes, and thereon alleges, that at all times herein mentioned defendant MET LIFE was and is a corporation organized and existing under and by virtue of the laws of the State of New York or the laws of some other state or foreignco OU mw ND A PF BY Ee 14 15 jurisdiction, and that this defendant was and is authorized to do and/or was and js doing business in the State of California, and regularly conducted or conducts business in the County of San Francisco, State of California. At times relevant to this cause of action, MET LIFE was an insurer of J-M. 228. Plaintiff, was cxposed to asbestos-containing dust created by the use of the asbestos products manufactured, distributed and/or supplied by J-M. This exposure to the asbestos or asbestos-related products supplied by J-M caused Plaintiff's asbestos-related disease and injuries. 229. Starting in 1928, MET LIFE sponsored studies of asbestos dust and asbestos- related disease in Canadian mines and mills, including those of J-M. Those studies revealed that miners and mil] workers were contracting asbestosis at relatively low levels of dust. McGill University, which conducted the studies, sought permission from MET LIFE to publish the results but they were never published. MET LIFE prepared its own report of these studies. 230. Between 1929 and 1931, MET LIFE studied dust levels and disease at five U.S. plants manufacturing asbestos-containing products, including a J-M plant. Those studies showed that workers in substantial numbers were contracting asbestosis, at levels less than what became the Threshold Limit Value (“TLV”) of Smppef. The MET LIFE report was never published or disseminated except to plant owners, including J-M. 231. In 1932, MET LIFE studied dust levels and disease at the J-M plant at Manville, New Jersey. Results were consistent with those of the Canadian and previous U.S. plant studies. They were never published. 232. In 1934, J-M and others whose plants MET LIFE had studied agreed with MET LIFE that it should issue a report of its studies. 233. MET LIFE submitted a draft of its report to J-M. J-M requested, for legal and business reasons, that certain critical parts of the draft be changed. MET LIFE’s official in charge was Lanza. MET LIFE through Lanza did make changes that J-M requested, including: {a) Deletion of MET LIFE’s conclusion that the permissible dust level for asbestos should be less than that for silica; HeAnjueedi9340\p!e\CMP-3AMND HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSOR’ - A(b) Addition of the phrase that asbestosis clinically appeared to be milder than: silicosis. The report, thus altered, was published in 1935. It was misleading, and intentionally so, because it conveyed the incorrect propositions that asbestosis was a less serious disease process than silicosis and that ligher levels of asbestos dust could be tolerated without contracting diseases than was the case for silica dust. : 234. MET LIFE had a close relationship with J-M. It invested money in J-M. It provided group health and life insurance to JM. MET LIFE IN 1934 agreed to supply industrial hygiene services to J-M, including dust counts, training employees to monitor dust levels, examining employees, and recommending protective equipment. MET LIFE and Lanza were viewed as experts on industrial dusts. 235. In 1933, MET LIFE through Lanza issued the following advices to J-M: (a) Disagreeing with the recommendation of a J-M plant physician, MET LIFE -advised against warming workers of the fact that asbestos dust is hazardous to their health, basing its advice in view of the extraordinary legal situation; (b) When the plant physician judged the best disposition of an employee with asbestosis was to remove him from the dust, MET LIFE advised instead that disposition should depend on his age, nature of work and other factors and to leave him alone if he is old and showing no disability, for, MET LIFE stated, economic and production factors must be balanced against medical factors. 236. J-M followed the MET LIFE advices and did not warn its workers, including plaintiff, of the hazards of asbestos dust, and J-M also intentionally refrained from notifying workers of their disease. 237, In 1936, MET LIFE, J-M and others founded the Air Hygiene Foundation (“AHF”), One of the AHF purposes was to develop standards for dust levels that would serve as a defense in lawsuits and workers’ compensation claims. 238. MET LIFE funded partially another study that tentatively recommended in 1938 a TLV for asbestos dust of Smpccf, the same as for silica dust. MET LIFE was aware of dataCD ON DA Rw nN = be from its own, unpublished reports that showed that level was too high for asbestos dust. MET LIFE nonetheless promoted that TLV as proper. 239. In June 1947, the Industrial Hygiene Foundation (“IHF”) which succeeded to the AHF, issued a report of studies by Dr. Hemeon of U.S. asbestos plants, including a J-M plant. That report showed that workers exposed to less than the recommended maximum levels of dust were developing disease. MET LIFE was a member of the IHF and Lanza was on its medical committee. The Hemeon report, which was supplied to J-M and other owners, never was published. 240. in 1936, J-M and other asbestos companies agreed with a leading medical research facility, Saranac Laboratories, that Saranac would research asbestos disease, but J-M and the others retained control over publication of the results. In 1943 Saranac’s Dr. Leroy Gardner, in charge of the research, sent a draft to J-M that revealed that 81.8% of mice exposed to long fiber asbestos contracted cancer. . 241. Dr. Gardner died in 1946. J-M and other companies wanted parts of the Saranac results published and enlisted the assistance of MET LIFE’s Lanza. J-M and other companies decided that Saranac’s findings of cancer caused by asbestos in mice must be deleted, as well as Saranac’s critique of existing dust standards. Lanza directed Saranac to delete the offending materials. Saranac did so, and the altered report was published in 1951 by Saranac’s Dr. Vorwald, in the AM4 Archives of Industrial Hygiene. 242. Lanza left MET LIFE at the end of 1948, and took a position at New York University, funded by MET LIFE. He continued to misrepresent that asbestos does not cause cancer into the 1950s. 243. The THF (formerly AHF), of which MET LIFE was a member and MET LIFE official was on its medical committee, through Drs. Braun and Truan conducted a study of Canadian miners. The original report, in 1957, found an increased incidence of lung cancer in persons exposed to asbestos. The sponsors, including J-M, caused those findings to be stricken, and the report published in 1958 contained the false conclusion that asbestos exposure alone did not increase the risk of lung cancer. K Nlyused 9369p CEP. IAMND. 6 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS244. The false and misleading reports that a link between asbestos exposure and cancer was not proven influenced the TLV, for if a substance causes cancer the TLV must be very low OF Zero. 245. J-M not later than 1933 was inflicting asbestos dust on its workers in its plants knowing that the dust was hazardous and was causing workers to contract disease that could and would disable and kill them, As MET LIFE advised, J-M did not warn its workers of the hazard. J-M committed battery on workers in its plants, including plaintiff, by that conduct, 246. MET LIFE knew that J-M’s conduct constituted a breach of its duties to its workers. MET LIFE gave substantial assistance to J-M in committing batteries on its workers, including plaintiff, through MET LIFE’s conduct described above, including by: (a) Affirmatively urging J-M noi to warn workers of the hazards of asbestos dust, in view of the extraordinary Jegal situation, such that J-M did not warn its workers, including plaintiff, / (b) Deleting the findings of its own draft report that the allowable limits for asbestos dust should be less than those for silica dust, and promoting a false and unsafe TLV which specified maximum levels of silica dust, and promoting a false and unsafe TLV which specified maximum levels of dust for workers, including plaintiff, which MET LIFE knew was wrong through its own studies; (c) . Advising J-M to keep certain workers continuing to work at dusty areas in the plant even after J-M was aware that their lungs showed asbestos-induced changes, lest other workers ineluding plaintiff be alerted to the dangers of working in the dust. WHEREFORE, plaintiff prays judgment as is hereinafter set forth.” 6. Plaintiffs do not make a claim for either false representation or punitive damages against any named defendant herein, except as against defendants HANSON PERMANENTE CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION, CAHILL CONSTRUCTION SERVICES, INC., CAHILI. CONTRACTORS, INC,, and CAHILL CONSTRUCTION CO., INC. XAlginsedh 19347 GIACMP-SAMND vpsSoU wT DH B&H BR RON ee i i i i ae Se So we WH Hh FY Ne 22 7. Plaintiff’s claims against TEMPORARY PLANT CLEANERS, INC. arise from its employees’ removal and disturbance of existing and newly applied asbestos-containing thermal insulation and gaskets during installation, remodel and repair work in close proximity to plaintiff ROBERT ROSS, to wit: Tidewater Associated Oil, Avon, CA., 1959-1965 (3 weeks), 1961-1962 (Approx ] month); Union Oil, Rodeo/Oleum, CA., 8/1960-7/1961, 10/1961-6/1962, 5/1965-12/1966 (3 weeks, on and off), 1973-1977 (on and off for approx. 2 months), 1/1974-3/1974 (3 weeks, on and off), 1/1977-2/1977 Q months); Shell Oil, Martinez, CA., 7/1961-10/1961, 7/1962-5/1965 (6 weeks, on and off), 7/1961-10/1961, 7/1962- 3/1965 (2 weeks, on and off), 7/1961-10/1961, 7/1962- 12/1962 (3 weeks, on and off), 8/1960- 7/1961, 10/1961-6/1962, 5/1965-12/1966 (2 weeks, on and off), 1973-1977; Standard Oil, Richmond, CA., 7/1961-10/1961, 7/1962-5/1965 (3 weeks, on and off), 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977 (4 months, on and off), 1974 - 1977; Phillips Petroleum Company/ Lion Oil Company, Avon, CA., 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977 (1 month, on and off); Chevron Chemical (aka Ortho Plant), Richmond, CA., 1/1974-3/1974 (2 weeks, on and off) In addition, plaintiffs’ claims arise from TEMPORARY PLANT CLEANERS, INC. supplying asbestos-containing gaskets and asbestos-containing thermal insulation for those same jobsites. 8. Plaintiff's claims against COLLINS ELECTRICAL COMPANY, INC. arise from its employees’ disturbance of existing and newly applied asbestos-containing fireproofing and thermal insulation during their installation, remodel and repair work in close proximity to plaintiff ROBERT ROSS, to wit: Mare Island Naval Shipyard, Vallejo, CA., 1959 (on and off for 3 months), 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977 (1 month, on and off), 1977 (3 to 4 weeks, on and off); Veterans Administration Hospital, Palo Alto, CA., 1960 - 1962, 1965 - 1966, 1977 (approx. 2 months); San Francisco International Airport, San Francisco, CA., 8/1960-7/1961, 10/1961-6/1962, 5/1965-12/1966, 1/1967-3/1972, 1979 (2 weeks, on and off); San Francisco State University, San Francisco, CA., 8/1960-6/1962, 5/1965-12/1966, 1/1967-3/1972, 1983 (April) (2 weeks, on and off); Children’s Hospital, California Street, San Francisco, CA., 1960-1962, 1965-1966, 1967 - 1972, 1977 - 1981 (onOo OB YW DH BF YW Bw mw YN MN NY NNR KN NR Be ee Bee ee Re me Se DA A BF YH KF SF ODM YA WHR WH S| GS and off); Firestone Tire & Rubber Salinas, CA., 8/1960-7/1961, 10/1 961-6/1962, 5/1965- 12/1966 (3-4 weeks); IBM, Cottle Road, San Jose, CA., 1960 - 1962, 1965 - 1966, 1967-1972, 1977-1981; Lockheed, Sunnyvale, CA., 1960 - 1962, 1965 - 1966, 1967-1972, 1977-1981; University of California, Berkeley, CA., 8/1960-7/1961, 10/1 961-6/1962, 5/1965-12/1966, 1/1967-3/1972, 4/1977-3/1981; UC Berkeley (Central Steam Plant), Berkeley, CA., 1960 - 1962, 1965 - 1966 (1 week), Standard Oil, Richmond, CA., 7/1961-10/1961, 7/1962-5/1965 (3 weeks, on and off), 10/1973-12/1973, 3/1974-3/1 976, 10/1976-2/1977 (4 months, on and off), 1974 - 1977; University of California, Berkeley, CA. (Boiler Plant), 7/1961-10/1961, 7/1962-5/1965 (3 weeks); Sacramento Convention Center, Sacramento, CA., (16" St.), 4/1972- 9/1973 (3 months, on and off); Aerojet-General, Rancho Cordova, CA., 4/1972-9/1973 as working days); Bay View Housing Development (Hunters Point), San Francisco, CA., 1978 (2 weeks, on and off); University of California, Berkeley, CA. (Warren Hall), 1979 (2 weeks); UC Berkeley, Berkeley, CA.,1980 - 1989,; 1990 - 1991, 1993, 1992-1993; University of California, Berkeley, CA. (Hearst Gym), 1981 (2 weeks, on and off); University of California, Berkeley, CA. (Gilman Hall), 1981 (1 week, on and off); University of California, Berkeley, CA. (Life Science Building), 1981 (14 weeks, on and off); Mare Island Naval Shipyard, Vallejo, CA. (Building $03); 1981 (6 weeks, on and off); St. Francis Hospital, San Francisco, CA,, 1982. (2 weeks, on and off), 1984 (1 week, on and off); University of California (Dwight Derby School for the Deaf), Berkeley, CA., 1983 (1 week, on and off); University of California (Harmon Gym), Berkeley, CA., 1983 (Oct.~Dec.) (3 weeks, on and off); University of California (Robbins Hall), Berkeley, CA., 1983 (Oct.-Dec.) (2 weeks, on and off); Mare Island Naval Shipyard, Building 71, Vallejo, CA., 1984 (2 months, on and off); and Mare Island Naval Shipyard (Building 70), Vallejo, CA., 1985 (2 weeks, on and off). . 7. With regard to CAHILL CONSTRUCTION SERVICES, INC., CAHILL CONTRACTORS, INC., CAHILL CONSTRUCTION CO., INC., hereinafter “CAHILL,” plaintiffs allege that it acted with malice, oppression or fraud, in conscious disregard of the rights or safety of plaintiff s and other persons similarly situated. ifEven though CAHILL was under mandatory duties to protect workers on its job sites and CAHILL admits that, at a CAHILL-run job site, there is nothing more important than safety, - No CAHILL senior executive, prior to the 1980s, did anything respecting the rights and safety of any worker with regard to asbestos; - CAHILL cannot identify any CAHILL job superintendent in the 1970s or 1980s that were known to have read or reviewed the California General Safety Orders or had any idea what they say or prescribe; CAHILL took no precautions at any construction site regarding asbestos, prior to the 1980s; - CAHILL has never prepared any written communications regarding the dangers of asbestos; - CAHILL never posted any notices with regard to asbestos at any of its job sites, prior to the 1980s; CAHILL never employed any laborers who used any special equipment to clean up asbestos-laden debris at any CAHILL-mn job site, prior to the 1980s; - CAHILL did not supply or make available to any of its employees or subcontractors any special equipment for cleaning up asbestos-laden debris; nor did it mandate the use of such special equipment; - CAHILL took no steps to employ any housekeepin, Alps to eliminate, Caos. or contro! workers’ exposure to asbestos at any /L-run job site prior to the - CAHILL never provided any change rooms, showers, baths or lavatories or similar facility(ies) to address workers’ exposure to asbestos at any CAHJLL-run job site prior to the 1980s; -¢ CAHILL never conducted any testing for airborne asbestos at any CAHILL-run job site prior to the 1980s; - CAHILL has never refused to allow any subcontractor to deliver to or use asbestos-containing products at any CAHTLL-run job site; - CAHILL has never had policy to place any warnings regarding asbestos at any building; and - CAHILL has made no attempt to determine how many people is has exposed to asbestos. Mf it Ml XC Mnjored) DKpheACM PARI. 10 HIRD AMENDED COMPLE! ‘(AL INJURY AND LOSS OF CONSORTIUM - ASBESTOSAccordingly, plaintifls are entitled to recover punitive damages from CAHILL. Dated: Ht] 31K BRAYTON“PURCELL LLP By "David R Donadio Attorneys for Plaintiffs Kinjured\)9449ipldXCMP-3AMND.wad u . THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEXHIBIT 1_ oO SC © YR RB YW ND EXHIBIT 1 - LIST OF DEFENDANTS C.C. MOORE & CO. ENGINEERS ASSOCIATED INSULATION OF CALIFORNIA FLUOR CORPORATION . HANSON PERMANENTE CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION METROPOLITAN LIFE INSURANCE COMPANY OAKFABCO, INC, SLAKEY BROTHERS, INC. BAYER CROPSCIENCE INC. . GRAYBAR ELECTRIC COMPANY, INC. CSK AUTO, INC. THE GOODYEAR TIRE & RUBBER COMPANY JOHNSON CONTROLS, INC. PHARMACIA CORPORATION, WHICH WILL DO BUSINESS IN CALIFORNIA AS PHARMACIA PHARMACEUTICAL CORPORATION H & C INVESTMENT ASSOCIATES, INC. FOLEY ELECTRIC CO, CINCINNATI VALVE COMPANY C & R PLASTERING, INC, TUTTLE AND BAILEY CORP LAUB SHEET METAL WORKS WILLARD ELECTRIC WESTBURNE SUPPLY, INC COMMAIR MECHANICAL SERVICES ACCO ENGINEERED SYSTEMS, INC. CONSOLIDATED INSULATION, INC, WRIGHT SCHUCHART HARBOR COMPANY ALLIED FIRE PROTECTION PRIBUSS ENGINEERING, INC. ADVANCE MECHANICAL CONTRACTORS, INC. COSCO FIRE PROTECTION, INC. CAHILI. CONSTRUCTION SERVICES, INC. DORN REFRIGERATION AND AIR CONDITIONING MARINE ENGINEERING AND SUPPLY COMPANY VAN-MULDER SHEET METAL, INC. IMPERIAL PLASTERING & DRYWALL GENERAL MILLS, INC. KENTILE FLOORS, INC. DOMCO PRODUCTS TEXAS, LP. FULLER FLOORS ROBERT MAGEE MARSHCO AUTO PARTS, INC. EMIL J, WEBER FLECTRIC CO. THE W.W. HENRY COMPANY TEMPORARY PLANT CLEANERS, INC. D. ZELINSKY & SONS, INC. ALBAY CONSTRUCTION COMPANY PACIFIC MECHANICAL CORPORATION WALNUT CREEK SHEET METAL, FURNACE & AIR CONDITIONING, INC. PARKER INSULATION CONTRACTING & SUPPLY CO. INC. EX- EME, INC. (FKA FISCHBACH AND MOORE ELECTRIC, INC.) GIAMPOLINI & CO.WEBCOR BUILDERS, INC JONES PLASTERING COMPANY J.W.MCCLENAHAN COMPANY, INC. - SCOTT CO. OF CALIFORNIA BARNES CONSTRUCTION CO BALLIET BROS, CONSTRUCTION CORPORATION CLAUSEN-PATTEN, INC A. TEICHERT & SON, INC. CRITCHFIELD MECHANICAL, INC, JOSEPH BRUNO SHEET METAL CQ,, INC, BELL PRODUCTS INC. ALLEN-SIMMONS HEATING & SHEET METAL COMPANY INC. ROLLIE R. FRENCH, INC. HENRY C. BECK COMPANY INSULATION SPECIALTIES, INC. TEMPER INSULATION RED TOP ELECTRIC CO. EMERYVILLE, INC. SFL,INC. : ALLSBERRY MECHANICAL CORPORATION MIDSTATE MECHANICAL, INC. ROUNTREE PLUMBING & HEATING INC. COLLINS ELECTRICAL COMPANY, INC, HAROLD BEASLEY PLUMBING AND HEATING, INC. SUGDEN ENGINEERING CO. LONE STAR INDUSTRIES, INC. JAMES A. NELSON CO,, INC. MICHAEL BROTHERS MACK CONSTRUCTION CO. MITCHELL BROS. TRUCK LINES, INC. AIR SYSTEMS MECHANICAL CONTRACTOR 17 | 4 & K HEATING COMPANY, INC. ADVANCED MECHANICAL 8 || PACIFIC FIREPROOFING MATTOCK CONSTRUCTION COMPANY 91) HARRY LEE PLUMBING & HEATING W.C. THOMASON 20) CLIMATE AIR, INC. ALLIED SPRINKLER COMPANY, INC. DELUCCHI SHEET METAL WORKS 32 | MCCLURE ELECTRIC, INC. DPR CONSTRUCTION 23 |] COR PLASTERING COSCO SPRINKLER 24 || ROLLINS CONSTRUCTION BANNER DRYWALL & PAINTING CO. INC 25 |] ORTHO-CRAFT DONOVAN: CONSTRUCTION 26]| BETA MECHANICAL CONTRACTORS, LIMITED PRIBUSS ENGINEERING 271) DILLAND SEDERBERG PLUMBING ERWIN MECHANICAL INC. 28] CLIMATE CONTROL CO,, INC. OOD mW NY FH RB we LB me oe ~ A vA RP WhDORN REFRIGERATION CASTRO CONSTRUCTION, INC. VAN MULDER SHEETMETAL W.C. THOMPSON CALIFORNIA DRYWALL CO. BRAGG INVESTMENT COMPANY, INC. FAIRMONT HOTEL COMPANY TEXACO, INC. D.W. NICHOLSON CORPORATION SWINERTON BUILDERS ANDERSON, ROWE & BUCKLEY, INC. CAHILL CONTRACTORS, INC, CUPERTINO ELECTRIC, INC. UT. THORPE & SON, INC. MALM METAL PRODUCTS, INC. PERINI CORPORATION RAYMOND INTERIOR SYSTEMS-NORTH S.J. AMOROSO CONSTRUCTION CO., INC. (formerly sued as DOES 14 and 1014) DURO DYNE CORPORATION (formerly sued as DOE 13 and 1013) CAHILL CONSTRUCTION CO., INC. (formerly sued as DOES 12 and 1012) and DOES 1-8500, Defendants. K:Unjuced P49 IF CMP-AAMND wep 15 THIRD AMEND! (OMPLA: FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEXHIBIT APeco WM DH BR Ww YM bow My RNS eR RN DY S| SB Be Se Se Pe Be Be Be oe UW AA BN & Swe wn ANH FF WH - So EXBIBIT A Plaintiffs exposure to asbestos and asbestos-containing products occurred at various Jocations both inside and outside the State of California, including but not limited to: Employer Philip Carey Cincinnati, OH Coast Insulating Products Los Angeles, CA Universal Insulation 520 6" Avenue Menlo Park, CA Universal Insulation 520 6" Avenue Menlo Park, CA AC&S ‘Lancaster, PA Western Asbestos Western Asbestos 3150 3" Street San Francisco, CA. Westem Asbestos 3150 3° Street San Francisco, CA. Heat, Frost & Asbestos Workers Union Local 16 Western Asbestos 3150 3 Street San Francisco, CA MW A Mnjeredl 9340 9h NCMP_2AMND.w THIRD AME! Location of Exposure Warehouse 101 Wilhams San Francisco, CA Jack Tar Hotel {aka Cathedral Hill Hotel) 1101 Van Ness San Francisco, CA Fertilizer Plant Helm, CA Mare Island Naval Shipyard Vallejo, CA Hewlett Packard Menlo Park, CA UC Berkeley (Central Steam Plant), Berkeley, CA Tidewater Associated Oil Avon, CA PG&E Powerhouse Pittsburg, CA Queen of the Valley Hospital Napa, CA Maritime Union Mission Street San Francisco, CA Job Title Warehouseman Insulator (Apprentice) Insulator (Apprentice) Insulator (Apprentice) Insulator * Insulator Insulator Insulator Insulator McKinleyville Hi gh School Insulator McKinleyville, C. Exposure Dates 211959-8/1959; 12/1959-1/1960 (1 week) 8/1959-9/1959 (approx. 5 wks) 1959 (on and off for 3 months) 1959 (1-2 weeks) 1960-1962; 1965-1966 (1 week) 1959-1965 (3 weeks) 1/1960-7/1960 7/1960 (3 weeks) Approx. 1960 (1 day) 7/1961-10/1961; 7/1962-5/1965 (3% weeks, on and off) EXHIBIT Aeo mY DA nH B® ww 10 Employer Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3 Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3 Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3” Street San Francisco, CA Western Asbestos 3150 3” Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3” Street San Francisco, CA EXHIBIT A (cont'd. Location of Exposure Calaveras Cement Plant Redding, CA Tidewater Oil Company Avon, CA Monsanto Chemical Avon, CA PG&E Powerhouse Pittsburg, CA Colgate Palmolive Berkeley, CA Gerber Foods Oakland, CA Ampex Systems Corp. Redwood City, CA Pacific Bell Telephone San Francisco, CA PG&E Antioch, CA Hercules Powder Hercules, CA Georgia Pacific Arcata, CA Job Title Insulator Insulator Tusulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 1961-1965 (1 month) 1961-1962 (Approx | month) 1961-65 (Approx 1 month) 1961-1965 (3 months) 7/1961-10/1961; 7/1962-5/1965 {5 weeks, on and off) 7/1961-10/1961; 7/1962-5/1965 (3 weeks, on and off) 1961-1962 (2-3 weeks, on and off) 1961-1965 (3 months) 1961-1965 (5-6 months) 7/1961-10/1961; 7/1962-5/1965 (month, on and off) 7/1961-10/1961; 7/1962-5/1965 (2-3 months, on and off) EXHIBIT ASoe Be UD th BR we Be A Ww BR lwW NN EXHIBIT A (cont'd.) Location of Employer Exposure Job Title Western Asbestos Bethlehem Steel Insulator 3150 3" Street Shipbuilding San Francisco, CA San Francisco, CA “Triple A Machine Shop (Pier 64) _ San Francisco, CA Willamette Shipyard Richmond, CA Pacilic Ship Repair (Pier 36) San Francisco, CA Todd Shipyard Oakland, CA Matson Navigation (Pier 30) San Francisco, CA Naval Air Station ‘Alameda, CA JOSEPH P. KENNEDY IR. (DD-850) CHEY ENNE (T-AG-174) " HAWAIIAN PLANTER (1945) RAFFIAS (AF-2 IEWS (AKA-96) MERRICK (AKA-97) TWINING (DD-540) GENERAL W.A. MANN (AP-112) if Exposure Dates TI961-10/1961; T1962-5/1965 (on and off for approx. | week each time) EXHIBIT A Mn -3AMND w 19 THIRD AMEN SED ¢ t SMIPLA NT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSom AHR mA BF WN 10 Employer Western Asbestos 31503" Street San Francisco, CA (cont’d.) Western Asbestos 3150.3" Street San Francisco, CA Western Asbestos 3150 3” Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3 Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Wa Klnjured\t 9549p CMP-SAMND. vy EXHIBIT A (cont'd.) Location of Exposure Bethlehem Steel Shipbuilding San Francisco, CA MONTEREY (1952) BLAND (APA-134) PONTCHARTRAIN (WPG-70) CALIFORNIAN (1946) AMERICAN ROBIN (1943) ROSE KNOT (1945) HAWAUAN (1946) Grace Cathedral San Francisco, CA Western-Asbestos Pad Shop, 3" Avenue and Army, San Francisco, CA PG&E Nuclear Powerhouse Humboldt County Eureka, CA. PG&E San Francisco, CA {Potrero Station) Dow Chemical Pittsburg, CA TAINT FOR PERSONAL Job Title Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 7/1961 -10/1961; TA962-S/1 965 1963-1965 7/1961-10/1961,; 7/1962-5/1965 (2 weeks, on and off) T/1961-10/1961; T11962-5/1965 (2. -3 days, on and off) 7/1961-10/1961, 7/1962-12/1962 (5 months, on and off} 7/1961-10/1961; 7/1962-5/1965. (2 to 3 weeks, on and off) 7/1961-10/1961; F/1962-5/1965 (1 month, on and off) EXHIBIT A. 5 OF CONSORTIUM - ASBESTOSEXHIBIT A (cont'd.) Location of Employer Exposure Western Asbestos Shell Oi1 3150 3% Street Martinez, CA San Francisco, CA Western Asbestos PG&E 3150 3 Street Oakland, CA San Francisco, CA Western Asbestos Vallecitos Atomic 3150 3° Street Laboratory San Francisco, CA Pleasanton, CA Western Asbestos Missile Base 3150 3" Street Live Oak, CA San Francisco, CA Western Asbestos University of California 3150 3" Street Berkeley, CA San Francisco, CA (Boiler Plant) Western Asbestos Shell Oil 3150 3” Street Martinez, CA San Francisco, CA Western Asbestos Standard Oil 3150 3" Street Richmond, CA San Francisco, CA Western Asbestos Shell Oil 3150 3 Street Martinez, CA San Francisco, CA Western Asbestos Hills Brothers Coffee 3150 3" Street San Francisco, CA San Francisco, CA AC&S Insulation US Department of P.O, Box 1268 Agriculture Lancaster, PA Albany, CA Me Alnjured19349\gkCMP-3AMND. 21 THIRD Al ‘COMPLAINT FOR Al Job Title Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator . Insulator ND LOS: Exposure Dates 7/1.961-10/1961; 7/1962-5/1965 (6 weeks, on and off} 7/1961-10/1961; 711962- 12/1962 (2 weeks, on and off} FA961-10/1961; 7£1962-5/1965 {2 weeks, on and off} 7/1961-10/1961; 7/1962-5/1965 (1_ month, on and off} 7/1961-10/1961, T/1962-5/1965 (3 weeks) 7/1961-10/1961; 7/1962-5/1965 (2 weeks, on and o, 7/1961-10/1961; 711962-5/1965 (3 weeks, on and off) TA961-10/ 1961; 7/1962- 12/1962 (3 weeks, on and off) 7/1961-10/1961; 7#1962-5/1965 {2 weeks, on and off} 8/1960-7/1961; 10/1961 -6/1962; 5/1965-12/1966 (2 months, on and off) EXHIBIT A CONSORTE = STOEmplover AC&S§ Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O, Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA “ue EXUIBIT A (cont'd) Location of Exposure Steinhart Aquarium San Francisco, CA Union Oil Rodeo/Oicum, CA Sonoma State University Rohnert Park, CA (Science Building, Steam Tunnels & Boiler Room} * Oakland Coliseum Oakland, CA Firestone Tire & Rubber Salinas, CA Golden Gateway Apartments San Francisco, CA Oakland Museum Oakland, CA California State University Humboldt, CA (Science Building) AEC-Lawrence Livermore Laboratory Livermore, CA Job Title Insulator Insulator {Foreman} Insulator - Insulator Insulator Insulator Insulator (Foreman) Insulator Insulator (Foreman) Exposure Dates 1961-1965 (20 days) 8/1960-7/1961; 10/196) -6/1962; 5/1965- 12/1966 (3 weeks, on and off) 8/1960-7/1961; 10/1961 -6/1962; $/1965-12/1966 (1-1 % months, on and off) 8/1960-7/1961; 10/1961-6/1962; $/1965-12/1966 (5 weeks) 8/1960-7/1961; 10/1961-6/1962; §/1965-12/1966 (3-4 weeks) 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 (1 month) 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 (1 month, on and. off) 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 (2 to 3 months, on and off) 8/1960-7/1961; 10/1961-6/1962; (1 month, on and off) EXHIBIT A lnures195404p\FCMP-3AMND wed 22 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS UF CONSORTIUM - ASBESTOSDOO a KD oH Bw Employer AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O, Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA. AC&S Insulation P.O. Box 1268 Lancaster, PA “ACKS Insulation P.O. Box 1268 Lancaster, PA AC&S insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA it EXHIBIT A (cont'd) Location of Exposure dob Title Bank of America Insulator San Francisco, CA (Foreman) (1 South Van Ness Avenue) Georgia Pacific Insulator Samoa, CA (Foreman) University of California Insu Berkeley, CA San Francisco Intemational Insu Airport San Francisco, CA UCSF Medical Center Insul Parnassus Ave. San Francisco, CA San Francisco State University San Francisco, CA. Fairmont Hotel lator ator ator Insulator Insulator San Francisco, CA Chabot College Hayward, CA San Francisco General Hospital Insulator San Francisco, CA. Lockheed Sunnyvale, CA. Stanford Medical Center Palo Alto, CA Insulator Insulator 23 Insulator Exposure Dates $/1960-7/1961; 10/1961 -6/1962; 5/1965- 12/1966 (3 months, on and off} 8/1960-7/1961; 10/1961-6/1962; 35/1965-12/1966 (1 month, on and off) 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 8/1960-6/1 962; 5/1965-12/1966 8/1960-6/1962, 5/1965-12/1966 (8 days) 8/1960-6/1962; (10 man days) 5/1965-12/1966; (several weeks) 8/1960-6/1962; 5/1965-12/1 966 (100 days) 8/1960-6/1962; 5/1965-12/1966 1960-1962; 1965-1966 1960-1962; 1965-1966 EXHIBIT A KAlnjuved\49340pIACMP-IAMND.wod THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEmployer AC&S insulation P.O. Box 1268 Lancaster, PA AC&S Insulation 120 North Lime St. Lancaster, PA AC&S Insulation 120 North Lime St. Lancaster, PA AC&S Insulation 20 North Lime St. Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA i K Aijured\9548 (gh MP JAMND.wpd, eee ae Ne ae EXHIBIT A (cont'd. Location of Exposure Stanford University Engineering Bldg.; School Business; other buildings Palo Alto, CA. Golden Gateway Center Apartments San Francisco, CA Children’s Hospital California Street San Francisco, CA: Kaiser Hospital Geary Street San Francisco, CA Hillcrest Elementary School Rodeo, CA Hall of Justice Oakland, CA Georgia Pacific Arcata, CA Bechtel Building 30 Beale Street San Francisco, CA NASA-AMES Research Center Moffett Field Sunnyvale, CA Veterans Administration Hospital Palo Alto, CA Berkeley High School Berkeley, CA Job Title Insulator insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 8/1960-6/1962, 5/1965-12/1966 - 1960-1962; 1965-1966 1960-1962; 965-1966 960-1962; 965-1966 961-1962 (1 month, on and off} 960-1962; 1965-1966 (1 week, on and ° 1960-1962; 965-1966 (2 weeks) 1960-1962; 965-1966 (1 week) 1960-1962; 1965-1966 “1960-1962; 1965-1966 8/1960-7/1961,; 10/196 1-6/1962; 5/1965-12/1966 G days) EXHIBIT A 24 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSwo wm MW A HW kB Ww Ny = eo ~ oS Employer AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation -O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation P.O. Box 1268 Lancaster, PA Consolidated Insulation Consolidated Insulation 517-D Marine View Ave. Belmonl, CA i KAInjured\19340\pleCMP-IAMND.wpd EXHIBIT A (cont'd.) Location of Exposure Shell Oil Martinez, CA Naval Hospital Oakland, CA. Emerson Elementary School Berkeley, CA IBM Cottle Road San Jose, CA Hewlett Packard Palo Alto, CA General Motors Fremont, CA Washington Hospital Fremont, CA St. Luke’s Hospital San Francisco, CA Chiron Building Berkeley, CA K-Mart Vallejo, CA State Compensation Building, 1275 Market St., San Francisco, CA Job Title Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 (2 weeks, on and off) 1960-1962; 1965-1966 (3 weeks, on and off) 1960-1962; 1965-1966 2 weeks (on and off) 1960-1962; 1965-1966 1960-1962: 1965-1966 1960-1962; 1965-1966 1960-1962; 1965-1966 1960-1962: 1965-1966 1960-1962; 1965-1966 1967-1972 1967-1972; 1977-1979 (6 weeks, on and off) EXHIBIT A THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSowe ND WwW Fw BY = NON WRN NN NM De Ot oe Oe aA WwW & WKH = FS Cw A DWH BF WH = Employer Consolidated Insulation Consolidated Insulation Consolidated Insulation Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation. 517-D Marine View Ave. Belmont, CA Consolidated Insulation 317-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA K.Xinjoreds19349%pchCMP-3.MND. wpe Nl A EXHIBIT A (cont'd. Location of Exposure Alameda County Administration Building, Oak Street, Oakland, CA Children’s Hospital, San Francisco, CA Golden Gate University Mission Street, San Francisco, CA Stanford University Encina Hall Palo Alto, CA Ghirardelli Square Northpoint Street San Francisco, CA Mount Zion Hospital & Medical Center San Francisco, CA Naval Supply Center Annex Alameda, CA Hilton Hotel Union Square San Francisco, CA Fisherman’s Wharf San Francisco, CA Pier 39 San Francisco, CA Ghiradelli Square San Francisco, CA Bechtel Building 50 Beale Street San Francisco, CA 26 Job Title Jnsu Insul Tnsu. Insu ator ator ator ator Insulator (Foreman) Insul Insu ator ator lator ator ator Insulator Insulator Exposure Dates 1967-1972; 1977-1979 (2 weeks) 1967-1972; 1977-1981 (on and off)(15 man days) 1967-1972; 1977-198] (5 weeks, on and off) 1967-1972 {J-2 weeks) 1967-1972 (2 weeks) 1967-1972 (6 weeks off & on) 1967-1972 (3 weeks) 1967-1972 (1 month, on and off) 1967-1972 (1 month, on and off); 1977-1980 1967-1970 (3 weeks) 1967-1970 1967-1970 EXHIBIT A SS OF CONSORTI - ASBES’COW DAA BB WN - os - 92 Employer Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation $17-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA FOR PER: EXHIBIT A (cont'd. Location of Exposure Golden Gateway Center Apartment Towers San Francisco, CA Hewlett Packard Palo Alto, CA General Motors Fremont, CA Oakland Coliseum Oakland, CA Chabot College Hayward, CA St. Luke’s Hospital San Francisco, CA Chiron Building Berkeley, CA Stanford University Palo Alto, CA San Francisco General Hospital San Francisco, CA Atomic Energy Commission Lawrence Livermore Laboratory Livermore, CA San Francisco State University San Francisco, CA Fairmont Hotei San Francisco, CA Job Title Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 1967-1970 (10 days) 967-1972 967-1972 967-1972 967-1972 {10 days) 967-1972 1967-1972 1/1967-3/1972 1/1967-3/1972 1/1967-3/1972 (1 to 3 weeks) 1/1967-3/1972 1/1967-3/1972 EXHIBIT A K:SInjured\ 9340%pfs\EMP_IAMND 27 THIRD AMENDED COMPLAINT SONAT INJURY iS BESTOS AND LOSS OF CONSORTIUM - ASBE SOo em YN Aw Bw HN = RN PR YN KR NR De Se Se ee me eB Oe YO AA BO NH fF SF Dw A HAW BBR SF Employer Consolidated Insulation $17-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation $17-D Marine View Ave. Belmont, CA Knjuredh 1941p ROMP-3AMND wy THIRD AMEND EXHIBIT_A (cont'd, Location of Exposure Cafiada College Woodside, CA UCSF Medical Center Parnassus Ave. San Francisco, CA University of California Berkeley, CA San Francisco International Airport San Francisco, CA NASA-Amies Research Center Moffett Field Sunnyvale, CA Washington Hospital Fremont, CA Stanford Medical Center Palo Alto, CA St. Patrick’s High School Benicia Road Vallejo, CA US. Air Force--Travis AFB Fairfield, CA (Commissary) Alameda Hospital Alameda, CA US Post Office Vallejo, CA Ice House San Francisco, CA Job Title Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator (Foreman) Insulator Insulator Insulator (Foreman) Insulator (Foreman) Exposure Dates 1/1967-3/1972 1/1967-3/1972 (Two weeks) 1/1967-3/1972 A/1977-3/1981 1/1967-3/1972 1967-1970 1967-1970 1967-1970 1/1967-3/1972 (1 month, on and off) 1/1967-3/1972 (2 months, on and off} 1/1967-3/1972 (1 week, on and off) 1/1967-3/1972 (1_ month, on and off) 1/1967-3/1972 (2 months, on and off) EXHIBIT ACo wo NAM Bw ND 10 Employer Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 317-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517- D Marine View Ave. Belmont, CA Consolidated Insulation 517- D Marine View Ave. Belmont, CA SeMajureshigapipldioMP BAMND wpe EXHIBIT A (cont'd. Location of Exposure gangiey Porter Clinic San Francisco, CA PG&E The Geysers, CA Fairmont Hotel San Francisco, CA “Civic Center Auditorium San Francisco, CA Marin Civic Center, San Rafael, CA Standard Oil Building 225 Bush St. San Francisco, CA China Basin Building 185 Berry St. San Francisco, CA Jack Tar Hotel (aka Cathedral Hill Hotel) 1101 Van Ness San Francisco, CA Embarcadero Center #1, #2, #3 San Francisco, CA Unknown Building Market Street San Francisco, CA Unknown Office Building Vacaville, CA Naval Air Station Alameda, CA Job Title Insulator (Foreman) Insulator Insulator Insulator (Foreman) Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 1/1967-3/1972 (1 week, on and off) 1/1967-3/1972 (6 weeks, on and off) 1967-1972 (9 days) 1/1967-3/1972 (2 to 3 weeks, on and off) 1967-1972; 1977-1981 {1 month, on and off) 1/1967-3/1972 (7 to 10 days) 1/1967-3/1972 (3 weeks) 1/1967-3/1972 (2 weeks, on and off) 1/1967-3/1972 (1_ month, on and off) 1967-1972 1967-1972 (one week) 1967-1972 (3 weeks) EXHIBIT A THIRD A ENDED COMPLAINT FOR PERSONA! TINSURY AND LOSS OF CONSORTIUM - ASBESTOSEmployer Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Wi EXHIBIT A (cont'd. Location of Exposure San Francisco War Memorial Opera House San Francisco, CA S.P.CA. San Francisco, CA Safeway Bakery Richmond, CA Kilpatrick Bakery Oakland, CA Sandia National Laboratory Livermore, CA Napa State Hospital Napa, CA US Department of Agnulture Albany, CA Kaiser Hospital 2425 Geary Blvd. San Francisco, CA California Pacific Medical Center San Francisco, CA (California Street) Coast Guard Facility Monterey, CA Veterans Administration Hospital Yountville, CA Unknown Meat Packing Plant Sacramento, CA Job ‘litle Insulator (Foreman) Insulator Insulator Insulator (Foreman) Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 1/1967- 1970 (1_week, on and off) 1/1967-3/1972 G3 weeks, on and off) 1/1967-3/1972 (2 weeks, on and off) 1967-1968 (2 months, on and off) 141967-3/1972 (1 month, on & off) 1/1967-3/1970 (month, on and off) 1/1967-3/1972 (3 weeks, on and off) 1967-1972 (3 weeks) 1/1967-3/1972 (2 weeks, on and off) 1/1967-3/1972 (1 week, on and off) 1/1967-3/1972 (1 week, on and off 1/1967-3/1972 (2 weeks, on and off) EXHIBIT A injure 9340)p16\CMP-3AMNT wt 30 THIRD AMENDED COMPLAINT FOR PERSONAL IN. OSS OF CONSORTIUM - ASBE:Do woe YN DA F BW NN ByoN N BW MY RM RD De ee 2a RA BBY = 5S Oo we a DH BBW NY H& CS Employer Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517- D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA MP 2AMND.wpd EXHIBIT A (cont'd. Location of Exposure Stonestown Shopping Center San Francisco, CA Children’s Hospital Oakland, CA Napa County Hall of Justice Napa, CA Kaiser Hospital Vallejo, C Alta Bates Hospital Oakland, CA Mills Building (Bush/Montg