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

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                                1 ||Edward R. Hugo [Bar No. 124839]
P.M. Bessette [Bar No. 127588]
2 ||Josette D. Johnson [Bar No. 195977]
BRYDON HUGO fl PARKER ELECTRONICALLY
3 |/135 Main Street, 20th Floor
fan phone ek CA 94105 sopehr IL EDP
4 |/Telephone: (415) 808-0300 isco.
Facsimile: (a3 808-0333 FEB 20 2013.
5 ||Email: service@bhplaw.com 3
Clerk of the Court
6 | Attorneys for Defendant eee eRe clerk
A. TEICHERT & SON, INC. epuly Wier
7
8 SUPERIOR COURT - STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
10
11 |;ROBERT ROSS and JEAN ROSS, (ASBESTOS)
Case No, CGC-10-275731
12 Plaintiffs,
vs. EXHIBITS I-M TO THE DECLARATION OF
13 JOSETTE D. JOHNSON IN SUPPORT OF
C.C, MOORE & CO. ENGINEERS, et al, | A. TEICHERT & SON, INC.’s MOTION
14 FOR SUMMARY JUDGMENT
Defendants.
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BRYDON 1
Huo & PARKER EXHIBITS I-M ‘TO THE DECLARATION OF JOSETTE D, JOHNSON IN SUPPORT OF A, TEICHERT & SON,
20 FLOOR INC’s MOTION FOR SUMMARY JUDGMENT
San Francisco, CA 94105,EXHIBIT Iomen Oak OD

my NM N NN | 2B ae se Be Be Be Be Se Ss
RBRBBS & 8 ©CerAaOaRBDR |= GS

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
~--000---
SYLVIA CURRIER, et al.} Case No.: CGC-06-454323

KENNETH GOFORTH, ) Case No.: CGC-06-451849
WARREN Hadse, } Case No.: CGC-08-274823
THOMAS HOON, } Case No.: CGC-09-275161
JAMES D. Leds, ) Case No.: CGC-08-274946
ROBERT Ross, } Case No.: CGC-07-274099

Plaintiffs, }
vs. )
)
ASBESTOS DEFENDANTS, }
et al. (BP) )
Defendants. }

DEPOSITION OF STEVE STEELE

Taken before Kimberly L. Avery
CSR No. 5074
August 21, 2009STEVE STEELE,
sworn as a witness,
testified as follows:

EXAMINATION BY MR. SINUNU:

Q. Could you state your name, please, for the
record.

A. Steve Steele.

Qa. And your current address?

A. 3833 Walnut Avenue in Concord, California,

Q. And your current occupation?

A I'm the business manager of the insulators’
Local 16.

Qa. And what is the complete name of that
organization?

A. Heat and Frost Insulators and Allied Workers.

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

A. | would say approximately two to three years.

Q. And before that was it the Heat and Frost

Insulators and Asbestos Workers?

A. Yes.

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

A. Yes.

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Q. Okay. On what date did you become a journeyman

with the Insulators‘ union?

A. Approximately 1972.

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

and Allied Workers union; you understand that?

A understand.

Q. Do you remember the date In 1972?

A. No.

Q. Did you go through an apprenticeship before

becoming a journeyman?

A. ! did.

Qa. And how !ong was that apprenticeship?

AX Four years.

Q. Are the geographic boundaries of Local 16 the

same as they were when you became a journeyman?

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

northwestern Nevada.
Q. And has the designation of the local which

controls those counties always been Local 16 insofar as

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you know?
A. Yes.
Qa. When you were an apprentice was there some

schooling provided to you?

A Yes.
Q. Can you describe that schooling?
A. It was training in the application of

insulation on mechanical systems.

Q. So you began that in about 1968?

A September 30th, 1968.

a. What's your education?

A High school with one year of college.

Q. And when you began as an apprentice did you

know anything about applying insulation?

A. Yes.

Why is that?

My father was an insulator.
What's his name?

Merle, M-E-R-L-E, Steele.

And was he in Local 16, a8 well?

>ppPrpPp

Yes.

Q. Had you done some jobs with him or gone to work

sites with him before you became an apprentice?

A. Acouple times.

Q. Did you also talk with him about the trade

Aiken Welch Court Reporters Steve Steele 8/21/2009

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before you became an apprentice?

A. Yes.

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

A Not that I remember.

MR. DAVIS: Counsel, I'll remind you that the
real deponent here is Local 16, not Mr. Steele as a
percipient witness. He's neither a party nor a
percipient witness, only here as a person most
knowledgeable.
BY MR. SINUNU:

Qa. Have you ever been deposed as a person most
knowledgeable or person most qualified for Local 16
before?

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

short deposition; that's the only time.

Q. Do you remember the name of the case?
A. { don't.
Q. How did the apprenticeship program work when '

you were an apprentice, that is was there classrcom

training? ,
i

A. Yes. i

Q. And where was that held? |

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

BY MR. SINUNU:

Q. When you were an apprentice.

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

a. Was he a member of Local 16?

A. Yes.

Qa. Was he an officer in the local?

A No.

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

apprenticeship coordinator.

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

A No.

Q. Who else?

A Art Klimack, with a K.

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

A. Once a week for four hours.

a. Thank you. That was my next question.

Were they in the evening after working hours?

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(Discussion off the record.)
(Defendants' Exhibits £1 to E17
Marked for Identification.)
BY MR. SINUNU:
Qa. I'm going to show you documents which have been

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

A. Yes.

Q. And you brought those with you today?

A Yes.

Q. And what are those?

A. "Asbestos Worker" journals.

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

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

several times a year.
Bless you.

Q. And is the magazine published by the
International Association of Heat and Frost Insulators
and now Allied Workers’ union?

A Yes.

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

A Yes.

Q. The International is the organization of which

Local 16 is a part, correct?

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A. Yes,

Q. And that magazine has been published ever since

you entered the union, correct?

A | think so.

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

A. That's my understanding.

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

A. | believe so.

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

A | would think so.

MR. DAVIS: Objection. Calls for speculation.

MR. SOLOMON:
BY MR. SINUNU:

Lacks foundation.

Qa Well, again, you've received these magazines

yourself for a long time, haven't you?

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

it's quarterly or several times a year.

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MR. DAVIS: Do you have questions for him about

that document that he doesn't recognize or know

anything about?
MR. SINUNU: I got lots of questions about the
document.
BY MR. SINUNU:
Q. Richard Holmes -- it says, "Union Trustees:

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

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

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

designed to have the witness speculate.

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

was allegedly secretary/treasurer of.

MR. SINUNU: Maybe that was my next question.

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BY MR. SINUNU:

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

A Yes.

Qa. Who is that?

A. t think he was an International vice president
at one time, but | think he started off as a member of
Local 18.

Q. And Richard Holmes is also a member of Local
16, correct?

A Yes.

Q. And E.C. Geiger?

A. A member of Local 16, to my knowledge.

Q. Do you recognize any of the names of the
employer trustees?

A. Maybe Tom Douglass.

Q. Who is that?

A He was an owner of the company, | believe,

called Douglass Insulation.

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

Geiger active members in Local 16, approximately?
A. I'm going to say before my time.
Qa When you began in the union was there an

organization -- strike that.

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STATE OF CALIFORNIA )

)
COUNTY OF ALAMEDA)

i, KIMBERLY L. AVERY, do hereby certify:

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

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

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

i

KIMBERLY L. AVERY, Lf. 5074 :

State of California

Aiken Welch Court Reporters Steve Steele 8/21/2009EXHIBIT J4.4
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ey

ALAN R. BRAYTON, BSQ,, S18. #73685,

DAVID R. DONADIG, 880, 9.3, #154436

KSENIA L, SNYLYK, B80, 8.3. #265399 ELECTRONICALLY

BRAYTON¢PURCELE LLP FILED

Attorneys ot Law superior Gout ,

322 Rush Lancing Road uperor Court of Calorie,

P.O, Box 6169 ee ond,

Novato, California 94948-6169 DEC 29 2011

{A18) 898-1355, . Clerk of the Court

Tentative Ruling Contest Bmail: contestasbestos TR¢@raytonlaw com BY: JUANTA D, MURPHY
epuly Oi

Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

BETTY PETERSON, as Wrongfil Death ASBESTOS

Heir, and as Successor-in-Interest to No, CUC-10-275498

PHILIP PEPERSON, Deceased, and )

PHILIP PETERSON, JR, DENISE DECLARATION OF RICHARD COHEN,

WILLIAMS ang LORI PETERSON, as M.Dy M?.E,, IN SUBPORT OF

Logal Hoire of PHILIP PETERSON, BLAINTIFES' OPPOSITION TO

Desensed, DAPENDANT ROBERTSHAW

CONTROLS COMPANY'S MOTION FOR
Plafncifts, SUMMARY JUDGMENT OR,
‘ALTERNATIVELY, SUMMARY

vs, ‘ADIUDICATION

ASSOCIATED INSULATION OF

CALIFORNIA and Defondants 03 ) | Date: January 5, 2012

Reflected on Exhibit }; and DOES 1-8500, Timo: 9:30 aan.

SHE ATTACHED EXHIBIT 1. Dept, $03, Hon, Teri L, Jackson

ASME Ta 2

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

, Lam a licsased physician and sn currently 4 Ciinieel Brozessox in the Division of
Ovoupational wed Environmental Medicine ia the Department of Interaal Medicine at the
Univessily of California San Francisco School of Medicine. Additionally, [have a Masters of
Public Health degree from the UCLA Schoo! of Public Health in Epidemiology and a private
prectice ia Occupational Medicine and Industrial Toxicology. I um Board-cerlified by the
‘American Bord of Preventive Medicine in General Preventive Medicina and Occupational

Medicine,

corsa 1 xt
SEG on niciana Sous MD, A1FIE AE SUBIDRT OF PLATES STOTT Te DEFENDANT RORARTSHAW
PARTNOLS COMPANY'S NOTION FOR SUMMARY JUDGMENT OR, ALUPRNATIVELY, SUMSIARY ADRIDICABRAYTON@PURCELL LLP

ATTORNEYS ATLAW

722 RUSU LANDING ROAD

POROX 6169
NOVATO. CALIFORNIA 94945-6169

(615) FEISS

om UI An ae YN

Boe
= 5

ALAN R. BRAYTON, ESQ,, 8.B. #73685

DAVID R. DONADIO, ESQ,, S.B. #154436

KSENIA L. SNYLYK, ESQ., S.B. #265399

BRAYTON#PURCELL LLP

Attorneys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169 .
(415) 898-1555

Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com

Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
BETTY PETERSON, as Wrongful Death ASBESTOS

Heir, and as Successor-in-Inlerest to
PHILIP PETERSON, Deceased, and
PHILIP PETERSON, JR., DENISE
WILLIAMS and LORI PETERSON, as

No, CGC-10-275498

DECLARATION OF RICHARD COHEN,
M.D., M.P.H., IN SUPPORT OF

Legal Heirs of PHILIP PETERSON, PLAINTIFFS’ OPPOSITION TO

Deceased, DEFENDANT ROBERTSHAW
CONTROLS COMPANY’S MOTION FOR

Plaintiffs, SUMMARY JUDGMENT O01

ALTERNATIVELY, SUMMARY

vs. ADJUDICATION

ASSOCIATED INSULATION OF

CALIFORNIA and Defendants as Date: January 5, 2012

Reflected on Exhibit 1; and DOES 1-8500. Time: 9:30 am.

SEE ATTACHED EXHIBIT 1. ) Dept. 503, Hon. Teri L. Jackson

Trial Date: February 6, 2012
Action Filed: February 23, 2010

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

1, Lam a licensed physician and am currently a Clinical Professor in the Division of
Occupational and Environmental Medicine in the Department of Internal Medicine at the
University of California San Francisco School of Medicine. Additionally, | have a Mastets of
Public Health degree from the UCLA School of Public Health in Epidemiology and a private
practice in Occupational Medicine and Industrial Toxicology. I am Board-certified by the
American Board of Preventive Medicine in General Preventive Medicine and Occupational

Medicine,

Klojred0asipltes-t Cohen SAW 1 gus

DECLARATION OF RICHARD COMEN, MD., MPH, INSUPPORT OF PLAINTIFPS' OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADIUDICATIONwo UAW Bw LY

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

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

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

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DECLARATION OF RICHARD COHEN, M.D, MLPA, IN SUPPORT OF PLAINTIFFS! OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADIUDICATIONwo mI A RW ew ON

5, Attached hereto as Exhibit "1" is my current Curriculum Vitae, which fairly
summarizes my professional and educational background, as well as listing some of my
professional publications.

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

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

opinion the medical and scientific literature makes it clear that, at least ay early as 1931, it was

known in the medical and scientific community that breathing asbestos dust was hannful and —

dangerous to human health. As stated by Dr. Frederick Willson in 1931, "We do know, however,
that breathing of dust under the following conditions is seriously harmful: , . . asbestos and every
operation in which it is used." (Wilson, Frederick, The Very Least An Employer Should Know
About Dust And Fume Diseases, Safety Engineering, November 1931, Volume 62(5), pp.
317-318, emphasis added.) (This article is fully incorporated herein by this reference.)
Additionally, the fact that asbestos exposure causes asbestosis, and the need for safety
precautions, including masks, respirators, cducation, ventilation, dust control, and substitution, to
prevent asbestos-related diseases, was known as early as the 1930s, as referenced in articles
contained in my Bibliography, including Meréwether BRA, Price CW, Report on Effects of
Asbestos Dust on the Lungs and Dust Suppression in the Asbestos Industry, His Majesty's
Stationery Office, London, 1930, pp. 1-34. Many of the preventive techniques to address
asbestos exposures are still in use today as standard industrial hygiene, Further, based upon my
research, education, experience, and the articles referenced in my bibliography, it is my
professional opinion that it was clear by 1952 that, regardless of the setting, a person exposed to
airborne asbestos was at an increased risk of developing cancer.

8, Based on my above mentioned experience and training, and historical review, in my
opinion a brief summary of only a few of the many azticles I have studied indicates the following
about the historical state of knowledge about the hazards of asbestos:

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DECLARATION OF RICHARD COHEN, MD, MPH, IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONwo we UV A wh ew Me

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a, As early as 1898, the Annual Report of the Chief Inspector of Factories and
Workshops in England identified increased health problems among workers in asbestos textile
mills,

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

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

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

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

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

g. In 1949 an article appeared in Scientific American titled "Cancer and the
Environment," It was one of the first articles to appear in the popular media to discuss the
it
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DECLARATION OF RICHARD COHEN, M.D, MP.H., IN SUPPORT OF PLAINTIFFS! OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONCwm a A ow BR ow De

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

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

only for the asbestos factory workers, but for other trades exposed to asbestos working with
asbestos containing products. Among the at-risk trades identified by Dr. Hueper were: asbestos
construction material workers, asbestos insulation workers, asbestos brake lining workers, people}
that use asbestos brake Hning, carpenters, plumbers, roofers, gasket makers, insulation workers
(pipe and boiler), and pump packing mechanics.

I. By 1952 the Encyclopedia Britannica contained an entry indicating thet asbestos isa
cause of cancer.

j. By 1958 the American Conference of Governmental Industrial Hygienists bad
established a maximum atmospheric concentration for asbestos dust of five million particles per
cubic foot of air, This amount of asbestos in the air was then known niot to be visible and could
only be detected by air sampling measurements.

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

1. In 1964 Dr, Selikof? ‘published his seminal article on asbestos disease in insulation
workers, He performed the first large scale asbestos mortality study and reported increased rates
of death from lung cancer, mesothelioma, asbestosis, and gastrointestinal cancer. In addition to
its scientific contribution, it was politically and socially significant because it received
widespread media exposure. It was reported to American newspapers by the Associated Press
wire service and brought public attention to the health risks associated with asbestos.
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DECLARATION OF RICHARD COHEN, M.D, M.P.E, INSUPPORT OF PLAINTIFES' OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADIUDICATION2. WDA AW ew NY

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

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

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

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

a. The 1935 Minutes of the Medical and Surgical Section of the American Association of|
Railroads show that the physicians who were responsible for medical issues among railroad
employees discussed. exposure to asbestos and related risk to railroad workers. They included
discussion of preventive measures that are still used today, including: using masks to filter the
air; using techniques to wet down the dust lying on the floor so it doesn't get re-circulated; using
apparatus that would puil the dust away from ‘he worker, and doing medical exams on the
workers to determine if they are sufficiently protected from asbestos 60 as to not develop
asbestos telated disease. The historical state of the art evolved in such a way that it was clear in
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DECLARATION OF RICHARD COHEN, MD, MP.1, IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROBERTSHAW

CONTROLS COMPANY'S BR Ot Por SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONoe uw AH ew Nn

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

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

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

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

asbestos. Information was readily available im the late 1950s and 19608 concerning the health

hazards of asbestos exposure and the associated increased risk of developing an asbestos-related
KXinjre B04 S9e poo K Cohen SHA 7 KES.

DECLARATION OF RICHARD COHEN, M.D, M.PH, IN SUPPORT OF PLAINTIPPS' OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONowe WA eR Oe ON

= 3

discase, Information regarding the substantial health risks associated with exposure to airborne

asbestos was readily available by the early 1960s and only become more readily available over
the course of time. Equally available was information about measures to reduce the creation of

dust and eliminate or reduce the exposure to dust that was created, By the early 1960s a control

contractor located in California and subject to California General Industry Safety Orders had
ready access, to information regarding methods for mitigating exposures and could have
implemented them,

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

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

13. Tis equally impossible to exclude any particular type of asbestos fiber as causing
discase, as people ate exposed to more than one type of asbestos fiber over their lifetime, and

KApesh24804pleen-R Coben SHAW. wal 8 kus

DECLARATION OF RICHARD COHEN MD. MPH. IN SUPPORT C OF RAINES GePOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGt STERNATIVELY, SUMMARY ADJUDICA’oa a Aw Pw

because chrysotile fibers are more readily cleared from the lungs than other types of asbestos
fibers, making tissue concentration values inaccurate In determining causation. Variations in
individual susceptibility also make it impossible to identify any given quantum of fibers as more
significant than any other quantum.

14, When a person, such as Mr. PETERSON, contracts an asbestos-related disease, after
‘exposures to multiple asbestos-containing products, given sufticient minimum latency, each and.
every exposure contributes to the person's total dose that caused the asbestos related disease,
Thus, all the asbestos to which a person is exposed to given sufficient minimum latency
contributed to cause mesothelioma. Given sufficient minimum latency, there is no scientific
basis upon which one can look back and exclude some exposures and include other exposures 2s
being causally related to the asbestos-related discase which the caused decedent's death,

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

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

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct,
Executed on December 21, 2011 at Saratoga, CA.
Richard Cohen ieversrrenns
MD MPH Seuintacsend

Ric! Cohen, M.D., M.PLH,

9

ee eh
BeGLARATION ARD CORN ALD ME TY SUPPORT OF FLAINTIFFS OFPOSITION TO DEFENDANT ROBE! ae
OLS COMPANY'S MOTION FOR SUSIMARY JODOMENT Ox, ALTERNATIVELY, SUMMARY ADIUDICATINNZ

Oo oO SMD A WN HK

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

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

31, In the late 1960's and early 1970's reports appeared from the Intemational Agency
for Research on Cancer (IARC). This agency is the premier scientific body for evaluating
whether a substance is cancer causing, The agency looked at asbestos and found that it was a
cause of lung cancer and mesothelioma. It confirmed that all three asbestos fiber types, amosite,
chrysotile and crocidolite, cause mesothelioma. More research in the 1960's also concluded that
relatively short exposures to asbestos can cause mesothelioma,

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

33. Conclusions:

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

1) Asbestos was a dangerous dust that could cause fatal lung disease and cancer,

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

3) Warning regarding asbestos dust hazard and contro] should have occured when
construction workers were in an area where asbestos containing materials were being used,

including, mixing and applying joint compounds were being mixed, insulation was being cut,

| manipulated applied and firespray was being applied of disturbed to enable the workers to avoid.

exposure to asbestos fibers which had become airhorne,

4) Work by different trades needed to be managed in such a way as to reduce or avoid
exposure to dust from manipulating asbestos containing building materials.
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"ARATION OF RICHARD COHEN, M.D, IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT FEE
ECE ON "3 MOTION FOR SUMMARY JUDGMENT OR. IN THE TE ORNATIVES SUMMARY PANTS HON

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5) The work site needed to be kept clenn so that there wos no build up of residue of
asbestos contsining debsis which would become airborne and eatrained from foot traffic und
smachinery, thereby exposing workers to axbastos exporure.

6) Workers needed to be educated about the proper precantions to we when handling
aghestos oorimining; Construction materinls in un effort to redhuoe oF eliminates exponures to
ashestas,

My professional opinions are based on a reasonable degrey of medical/scientific
cortainty,

I declare under poually of perjury under the lawa of the States of California, that the
foregoing ts trav and corract.

Executed on October 20, in Sana Te gag Coliforaiy,

Shen

BY FAXEXHIBIT K28

ALAN, BRAYTON, BSQ., SB. #13685

BRAYTION#PURCELL LLP
Su Lan Rosd
222. Rus 01
RO. Box 6! 6169 "

jovato, | Ca ifesnia 94948-6169
aii 08-15

ELECTRONICALLY
FILED

Sypator Gout of Caer,
‘of San Francisco

oct 26 2010
Clerc of the Court

‘entative Ruling Contest Email: contestasbestosTR@ braytonlaw.com py Williaa TRUPEK

Aticrneys for Plaintits

‘Denuity Clerk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO,

JOHN CASBY and PATRICIA CASEY, }

Plaintiffs, )

vs.
ASBESTOS DEFENDANTS (64?)

—_—<—_

J, Richard Cohen, M.D. declare:

ASBESTOS
No, CGC-10-275517

ION
CORPORATION'S MOTION FOR
SUMMARY JUDGMENT OR, IN THB
ALTERNATIVE, SUMMARY
ADJUDICATION

ee

Date: October 28, 2010
‘Time: 9:30 a.m.

: 220, Hon, Harold B, Kahn
‘Trial Date; November 15, 2010
Action Biled: Match 22, 2010

1, Thave personal knowledge of the facts stated hotein, and, if called upon, oould

competently testify thereto,

2, Thave an M.D, degtee from the University of Michigan (1971) and completed a thee

year residency in preventive and occupational meriicine at the UCLA Sehool of Public Bealth
(1974-1977), 1 am Board Certitied in General Preventive Madicine (1977) and Occupational
Mecicine(1982) and hold a graduate degree OM.P-HL) in Publie Health from the UCLA Schoo!
of Public Health, specializing in Epidemiology (1975).

a

848.9
rc
CORFORATION

MGR CONET

Rie EANDANT PEER
MOTION POR SUMMARY JOD MMAR ADIUDIGATIONBRAYTON@PURCELL LLP

ATTORNEYS ATLAW
222 RUSH LANDING ROAB

PO BOX 6169

NOVATO, CALIFORNIS, 94948-6169

(315) 898-1555,

wa NW aD RD ON

Woe se Be ee ee ee
S&S Se 2 Ae FO ww SE Ss

ALAN R. BRAYTON, ESQ,, S.B, #73685

DAVID R. DONADIO, ESQ,, 5.B. #134436

ROBERT U. BOKELMAN, ESQ., 8.B, #53187
BRAYTON*PURCELL LLP

Attomeys at Law

222 Rush Landing Road

P.O, Box 6169

Novato, California 94948-6169

(415) 898-1555

Tentative Ruling Contest Email: contestasbestosTR @ braytonlaw.com

Attormeys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

JOHN CASEY and PATRICIA CASEY, ) ASBESTOS

} No. CGC-10-275517

Plaintiffs,

} DECLARATION OF RICHARD COHEN,

Ys. MLD,, IN SUPPORT OF PLAINTIFES'
OPPOSITION TO DEFENDANT PERINI

ASBESTOS DEFENDANTS (B+P) CORPORATION’S MOTION FOR

SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION

Date; October 28, 2010

Time; 9:30 a.m.

Dept: 220, Hon. Harold B. Kahn
Trial Date: November 15, 2010
Action Filed: March 22, 2010

J, Richard Cohen, M_D., declare:

i. [have personal knowledge of the facts stated herein, and, if called upon, could
competently testify thereto,

2. Thave an M.D. degree from the University of Michigan (1971) and completed a three
year residency in preventive and occupational medicine at the UCLA Scheol of Public Health
(1974-1977), I am Board Certified in General Preventive Medicine (1977) and Occupational
Medicine(1982) and hold a graduate degree (M.P.H.} in Public Health from the UCLA School
of Public Health, specializing in Epidemiology (1975).

Wt
Aurea 1729 DLve st endan-PERCOR. 1 RUB

DECLARATION OF RICHARD COUEN, M.D, IN SUPPORT OF PLAINTHTS OPPOSITION TO DEFENDANT PERINI
CORPORATION'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION:eo wa AO tA eR WN

10

3. For more than twenty years (198 1-present), I have been engaged in the private
practice of occupational medicine and industrial toxicology, during which time I have provided
consultative services to industrial and other clients regarding occupational medicine and
industrial toxicology. Included are interpretation and application of OSHA occupational health
standards, and workplace assessment and recommendations regarding existing health hazards;
interpretation of industrial hygiene data with assesament of health risk, recommendations for
pre-placement, periodic or other medical surveillance evaluations; review and approval of
protocols and procedures for diagnosis and primary care by occupational health nurses and first
responders; interpretation of biological monitoring and medical surveillance data with
recommendations, where appropriate, for further actions regarding health hazard identification
and control; development of administrative policies and procedures for management of
occupational health programs; analysis of injury and exposure data with recommendations,
where indicated: development of programs for management and employee training in medical,
safety and industrial hygiene; assistance with the development and implementation of
occupational health programs; research and investigation in industrial toxicology including
investigation of iilmess clusters, ergonomic exposures and scientific literature review; provide

expert testimony in epidemiology and industrial toxicology and teaching medical professionals

industrial toxicology.

4, Since 1998, [have been Clinical Professor in the Division of Occupational and
Environmental Medicine at the University of California, San Francisco School of Medicine.

5, From 1981 to 1999, I was Director, Corporate Health and Safety, of Varian
Associates, Inc., where I directed corporate medical, safety, industrial hygiene and loss
prevention programs and functions at a Fortune $00 diversified electronics manufacturing firm.

6, Lhave been Editorial Advisor (Manuscript Reviewer) for the International Joumal of
Occupstiona] and Environmental h (1995-2004) and have published approximately thirty
articles and/or book chapters, mostly dealing with issues of occupational health and safety, that
have been published in scientific/medical peer reviewed journals and/or textbooks, including

Occupational Health and Safety, American Journal of Industrial Medicine, American industrial

aan nape oe se a PHCOR 2 2 nus
DECLARATION OF RICHARD COHEN, M.D, TN SUPPORT OF PLAINTIFFS’ OPPOSITION ‘TO DEFENDANT PERINE
CORPORATION'S MOTION FOR SUMMARY, JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADILDICATIONwen Aw Ph YW NY om

Kom
em Oo

Hygiene Association Journal, Occupational Medicine, and Current Occupational &
Environment icine,

7, Thave reviewed the world medical literature regarding asbestos in general and in
particular, literature dealing with industrial health and safety throughout the decades relating to
asbestos. [have reached the conctasions stated below to a reasonable degree of medica! and
scientific certainty based on my review of the medical and scientific literature and based on my
years of training and experience.

8, BACTS.

Plaintiff, John Casey is 68 year old plumber, suffering mesothelioma, Mr. Casey’s cateer as a
lumber included constraction projects and remodels of high rise buildings in San Francisco.
‘oving defendant, Perini Corp was the general contractor on 3 of the high rise building projects
Casey worked on during the course of his 41 year career as a jaborer, then plumber in the
construction trade.

Plaintiff’s work on high rise construction and remodeling projects where defendant Perini
Corporation was the General Contractor include:

San Francisco Civic Auditorium, San Francisco, CA
Phomber 1962-1963 ‘approximately 8-12 months)

Job Duties: Plaintiff performed plumbing removal, replacement, and installation during a
remodel project. Plaintiff removed and replaced plumbing lines, including water and steam
lines. Plaintiff disturbed existing asbestos-containing fireproofing during installation of pipe
hangers, Plaintiff worked in close proximity to laborers, employed by PERINI
CORPORATION, sweeping and cleaning asbestos-containing dust and debris. Plaintiff worked
with co-worker Bob Olson, deceased.

Alcoa Building, San Francisco, CA
Plumber 1963-1964 (approximately 6 months)

Job Duties: Plaintiff worked on the new construction of this building, Plaintiff installed

plumbing and water lines throughout the building, Plaintiff chipped and removed newly applied

asbestos-containing firoproctin Plaintiff worked alongside laborers employed by the general

gontractor PERINI CORPORATION, sweeping and cleaning asbestos-containing dust and
jebris.

alt Regent tel, (Market Street) San Francisco, CA
Phumber 1970-1971 (approximately 6-8 months

Job Duties: Plaintiff worked through the building installing new plumbing and water lines
during the initial construction of this hotel, Plaintiff hooked up and installed water lines in the
boiler room. Plaintiff worked alongside laborers employed by PERINI CORPORATION,
sweeping and cleaning asbestos-containing dust and debris.

Mt
it

Se ofurnd 11589 Dudcevich cole PERCOR 3 KI
DECLARATION OFRICHAKD COHEN, M.D., IN SUPPORT OF PLAINTIFES: OPPOSITION 10 DEFENDANT FERINL
CORPORATION'S MOTION POR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONeen DA eB we NY

BM RP PR RRR EF eR Se —_ =
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9, The above facts concerning the plaintiff and related exposure to construction
products were provided by plaintiff's counsel; any opinions expressed in this declaration that
jnvolve these facts are based on the assumption that these facts are true and accurate.

10, Ihave been asked to determine whether moving defendant, Perini Corporation knew
or should have known of the dangers of asbestos exposure in the time period 1962 to 1971,

11. Asbestosis has been known as a pulmonary disease from the beginning of the 1900's,
The hazards of asbestos were first discussed in the United States in a report by the U. S.
Department of Labor 1918 “Mortality from Respiratory Diseases jn Dusty Trades” (Inorganic
Dusts), The publication addresses asbestos as a cause of disease. It noted that there were
different fatal diseases that were caused by breathing various dusts, and asbestos was one of
those dusts that was mentioned and discussed,

12. There were cases that were being reported in the British literature in the mid to late
1920's by Dt. WE Cooke (“Pulmonary Asbestosis”) and others, Dr. Cooke described a medical
patient who died with asbestosis,

13. Dr Cooke originated the name for this disease, “Pulmonary Asbestosis.”

14, In 1928 tho Journal of the American Medical Association( a weekly scientific
journal that distributed to all members of the American Medical Association) there was an
editorial entitled “Pulmonary Asbestosis.” The editorial wrote about Dr, Cooke"s report; thus, it
was clear that the American medical community was reading the British medical literature and
relying on other literature, The editorial informed American doctors that Pulmonary Asbestosis
was anew disease caused by breathing asbestos dust.

15, In 1930 there was an important study done by Merewether and Price “Report on
Effects of Asbestos Dust on the Lungs and Dust Suppression in the Asbestos Industry.” This
study involved a number of workers in asbestos fextile factories where they made asbestos
cloth. Dr. Merewetber was trying to determine how much asbestos dust a worker could breathe
and not get sick, He found that it took a long time before the disease appeared, approximately
nine years from when the person first started breathing the dust until they were diagnosed with

the disease. He identified methods to prevent the disease. He indicated that the employer

‘KAlplrgd\ 23S PLOW toh cohen FERCOR pt 4 RUB
DECLARATION OF RICHARD COMEN, M.D, INSUPPORT OF PLAINTIFGS OFPOSILION 10 DEFENDANT PERINT
CORPORATION'S MOTION FOR SUMMARY JUDGMENT OR, IN THB ALTERNATIVE, SUMMARY ADIUDICATIONCw nu Gu hk WN

10

needed to get rid of the asbestos dust so the workers did not breathe it, Merewether wrote that
exhaust equipment can do that with pulling the dust away from the worker; he also
recommended use of masks or respirators to filter out the dust, He noted that the worker needed
to be educated in order to appreciate the hazard(of asbestos) and understand the value of using
protective devices such as respirators. He recommended periodic medical examinations to
d