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Stephen J. Foley SBN 220752
Dennis M. Young SBN 121178
Roger D, Yuen SBN 221243
FOLEY & MANSFIELD, PLLP
300 Lakeside Drive, Suite 1900
Oakland, CA 94612
Telephone: (510) 590-9500
Facsimile: (510) 590-9595
E-mail: ryuen@foleymansfield.com
Attorneys for Defendant
LONE STAR INDUSTRIES, INC.
ELECTRONICALLY
FILED
County of San Francis
FEB 21 201
Clerk of the Cou
Superior Court of ma
BY: CAROL BALISTRERI
Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
ROBERT ROSS and JEAN ROSS,
Plaintiffs,
vs.
C.C. MOORE & CO. ENGINEERS, et al.,
Defendants,
Me
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Case No: CGC-10-275731
“Asbestos Related Case”’
INDEX OF EXHIBITS [A] TO
DECLARATION OF ROGER D. YUEN
IN SUPPORT OF DEFENDANT LONE
STAR INDUSTRIES, INC. 3 MOTION
FOR SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
Date: May 9, 2013
Time: 9:30 a.m.
Dept.: 503
Judge: Hon. Teri L. Jackson
Complaint Filed: December 17, 2010
Trial Date: June 10, 2013
INDEX OF EXHIBITS [A] TO DECLARATION OF ROGER D. YUEN IN SUPPORT OF
DEFENDANT LONE STAR INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
0
Clerk~
EXHIBIT | DOCUMENT
Exhibit A | Third Amended Complaint for Personal Injury - Asbestos filed by Plaintiffs
ROBERT ROSS and JEAN ROSS
DATED: February 21, 2013 FOLEY & MANSFIELD, PLLP
By: Kegs A
Stephen J. Foley
Dennis M. Young
Roger D. Yuen
Attorneys for Defendant
LONE STAR INDUSTRIES, INC.
2
INDEX OF EXHIBITS [A] TO DECLARATION OF ROGER D. YUEN IN SUPPORT OF
DEFENDANT LONE STAR INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT ABRAYTON®PURCEL.L. LLP
ATTORNEYS AT LAW
222 RUSH LANDING ROAD
PO BOX 5162
NOVATO, CALIFORMA 94942-6169
(4157 898-1555,
oO WI Dh RB WN He
DAVID R. DONADIO, ESQ., S.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,
THIRD AMENDED COMPLAINT FOR
PERSONAL INJURY AND LOSS OF
CONSORTIUM - ASBESTOS
vs.
C.C. MOORE & CO, ENGINEERS;
Defendants as Reflected on Exhibit 1
attached to the Summary Complaint
herein; and DOES 1-8500.
eee
L 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. Plaintifis' claims are as set forth in said Master Complaint against defendants herein as
follows:
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Me-3AMND 1
THIRD "AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSDEFENDANTS* ON EXHIBITS:
Cause of Action B Bl D E F G H 1 Jt K FL M BN
First (Negligence) K & Oo I oO
Second (Strict Liability) BI HW O oO oO
Third (False
Representation) ® ki oO
As to Defendants CAHILL CONSTRUCTION SERVICES, INC., CAHILL CONTRACTORS, INC., ;
CAHILL CONSTRUCTION CO., INC; HANSON PERMANENTE CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION, only.
Fourth (i £ . Z SZ
Consortium)» RRBRWeoooo BBB O
Fifth (Premises Owner/ Ri ®
Contractor Liability)
Sixth, Seventh, Eighth 0
(Unseaworthiness, Negligence
[Jones Act],Maintenance and Cure)
Ninth (Longshore and Harbor Workers O
Compensation Act [LHWCA]) .
‘Tenth, Eleventh (F.E.L.A.} Oo
Twelfth, Thirteenth (Respiratory —
Safety Devices)
‘Fourteenth, Fifleenth
(Brake Shoe Grinding}
Sixteenth (Concert of Action) &
Seventeenth, Eighteenth (Fraud, Deceit/Negligent
Misrepresentation/Concealment}
Nineteenth (Fraud/Deceit/
Intentional Misrepresentation)}
Twentieth (Fraud/Deceit - Kent}
Twenty-First (Aiding/Abetting Battery - Met Life}
*and their alternate entities as set forth in the Master Complaint or on any Exhibit.OW Bm We Re
Oo eID
10
i
12
B
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
3 Plaintiff's 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.
3. 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.
(7-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 UD wm YD ww BN
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jurisdiction, and that this defendant was and is authorized to do and/or was and is 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 ta this cause of action, MET LIFE was
an insurer of J-M.
228. Plaintiff, was exposed 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 mill 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;
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THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSPw YD BDA he Bw eH
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(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 Jess serious disease process
than silicosis and that higher 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 warning 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 wam 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 Smpecf, the same as for silica dust. MET LIFE was aware of data
Ktnpored: 9545 WNCMP-AMND wod
5
THIRD AMENDED COMPLAINT FOR PERS LINJURY AND LOSS OF CONSORTIUM - ASBESTOSoC OD eo MA Rh B&B Bw ON
te
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 (“LHF”) 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 [HF and Laviza 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 Saranae’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 195} by Saranac’s Dr.
Vorwald, in the AMA 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 JHF (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.
KNiryured 9340 pCMP SAMND pd 6
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS GF CONSORTIUM - ASBESTOSCe OP YB RH Bw BP
NM RR NR RN Nt mk
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244, 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
or 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 Jungs showed asbestos-induced
changes, lest other workers including 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., CAHILL CONTRACTORS, INC., and CAHILL
CONSTRUCTION CO., INC.
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THIRD AMENDED COMPLAINTTOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCe WDA HW RB WD wD mm
3
7. Plaintiff's claims against TEMPORARY PLANT CLEANERS, INC. arise from
ifs 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 1 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 (2 months); Shell Oil,
Martinez, CA., 7/1961-10/1961, 7/1962-5/1965 (6 weeks, on and off}, 7/1961-10/1961, 7/1962-
5/1965 (2 weeks, on and off), 7/1961 -10/1961, 7/1962- 12/1962 (3 weeks, on and off), 8/1960-
FA9G1, 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. Plaintiffs 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 G 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 © WD wh Bw TD
10
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 lose, 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, 10/1961-6/1962, $/1965-12/1966,
1/1967-3/1972, 4/1977-3/1981; UC Berkeley (Ceniral 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, 3/1974-3/1976, 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 (18
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 (114 weeks, on and off); Mare Island Naval Shipyard,
Vallejo, CA. (Building 503); 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, C.A., 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
tights or safety of plaintiff's and other persons similarly situated.
Me
‘Koinjred 193491 2SCMP-SAMND 9
THIRD AME! COMPL: iF ND LOS: SOR’ - ASBE:Even though CAHILL was under mandatory duties to protect workers on its job sites
and CAHILL admits thai, at a CAHTLL-run job site, there is nothing more important than
safety,
- No CAHILL senior executive, prior to the 1980s, did anything respecting the
tights and safety of any worker with regard to asbestos;
- CAHILL cannot identify any CAHILL job superintendent im 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 {980s;
- 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 whe used any special equipment to clean
up asbestos-laden debris at any CAHILL-rum 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 housekeeping steps to eliminate,
tno. or control workers’ exposure to asbestos at any LL-run job site prior to
the
- CAHILL never provided any change rooms, showers, baths or lavatories or
similar facility(ies) 1o address workers’ exposure to asbestos at any CAHILL-run job
site prior to the 1980s;
-¢ CAHILL never conducted any testing for airborne asbestos at any CAHJLL-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
- b CAHILL has made no attempt to determine how many people is has exposed to
asbestos.2D BO we wR A HW BRB WN
Accordingly, plaintiffs are entitled to recover punitive damages from CAHILL.
Dated: Y) Ne BRAYTON“SPURCELL LLP
By:
David R. Donadio
Attorneys for Plaintiffs
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IRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEXHIBIT 1Oo 2 © ADR WH BR & HS
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Cm YD Ah BY
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EXHIBIT 1 - LIST OF DEFENDANTS
C.C. MOORE & CO. ENGINEERS.
ASSOCIATED INSULATION OF CALIFORNIA
FLUOR CORPORATION s
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.
CAHILL 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, L.P.
FULLER FLOORS
ROBERT MAGEE
MARSHCO AUTO PARTS, INC.
EMIL J. WEBER ELECTRIC 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- FME, INC. (FKA FISCHBACH AND MOORE ELECTRIC, INC.)
GIAMPOLINI & CO.
K SInjurexh19349%pRKOMP.3AMND 13
HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSOR’ 1UM - ASBESTOSoOo Mm ID
WEBCOR BUILDERS, INC.
JONES PLASTERING COMPANY
JW. 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 CO., 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
A &K HEATING COMPANY, INC.
ADVANCED MECHANICAL
PACIFIC FIREPROOFING
MATTOCK CONSTRUCTION COMPANY
HARRY LEE PLUMBING & HEATING
W.C. THOMASON
CLIMATE AIR, INC.
ALLIED SPRINKLER COMPANY, INC.
DELUCCHI SHEET METAL WORKS
MCCLURE ELECTRIC, INC.
DPR CONSTRUCTION
CIR PLASTERING
COSCO SPRINKLER,
ROLLINS CONSTRUCTION
BANNER DRYWALL & PAINTING CQ. INC.
ORTHO-CRAFT
DONOVAN CONSTRUCTION
BETA MECHANICAL CONTRACTORS, LIMITED
PRIBUSS ENGINEERING
DILLAND SEDERBERG PLUMBING
ERWIN MECHANICAL INC.
CLIMATE CONTROL CO., INC.
KMplured\193¢0%gkKCMP.AAMND wed, 14
THIRD A ENDED COMPLA NT FOR PERSONAL INIURY AND LOSS OF CONSORTIUM - ASBESTOSoO CV me BR he B® ww NY
DORN 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.
J.T. 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.
Knjueed 19349 98|CMP-SAMIND wp 15
HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS:EXHIBIT ACoo I A
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
Plaintiffs exposure to asbestos and asbestos-containing products occurred at various
locations 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
Western Asbestos
3150 3° Street
San Francisco, CA
Heat, Frost & Asbestos
Workers Union
Local 16
Western Asbestos
3150 3” Street
San Francisco, CA
Mh
Kolinjured\9349%p1CMP.3AMND.wpd
Location of
Exposure
Warehouse
101 Williams
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 High School Insulator
McKinleyville, C.
Exposure
Dates
2/1959-8/1959;
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 A
17
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS.CD mY DA wh BB WwW BP +
Enyployer
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
Wester Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3" Street
San Francisco, CA
Western Asbestos
3150 3” Street
San Francisco, CA
Hf
Kilnjured 19249%pkRCMP-2AMND.wpd
THIRD AM
'OMPLA\)
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
‘ 18
OR P IN Y Al
Job Title
Insulator
Insulator
Insulator
Insulator
Ins
Tnsu!
Tnsu
Insu!
Insu
Tnsu.
ator
lator
ator
lator
ator
ator
ator
F
Exposure
Dates
1961-1965
(1 month)
1961-1962
(Approx | month)
1961-65 (Approx
1 month)
1961-1965
(3 months)
7/1961-10/1961;
H1962-S/1965
(5 weeks, on and
off)
7/1961-10/1961,;
7/1962-5/1 965
(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;
711962-5/1965
(L month, on and
off)
7/1961-10/1961;
7/1962-5/1965
(2-3 months, on
and off)
EXHIBIT A
ORTI - ASBE;Oo eB NIN DA
Employer
Western Asbestos
3150 3" Street
San Francisco, CA
ie
EXHIBIT A (cont'd,
Location of
Exposure
Bethlehem Steel
Shipbuilding
San Francisco, CA
‘triple A Machine Shop
(Pier 64)
San Francisco, CA
Willamette Shipyard
Richmond, CA
Pacific 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
JR.
(DD-850)
CHEYENNE
(T-AG-174)
" HAWAUAN PLANTER
(1945) :
GRAFFIAS
(AF-29)
MATHEWS
(AKA-96)
MERRICK
(AKA-97)
TWINING
(DD-540)
GENERAL WA. MANN
(AP-112)
Exposure
Dates
FOG L-1O/1961;
TA962-5/1965
(on and off for
approx. | week
each time)
EXHIBIT A
Aiur sold CMP 1 19
THIRD AMENDED COM SED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCm YN OH
Employer
Western Asbestos
3150 3" 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
Wt
KNjyreci (9349191 CMP-3AMND 4
TH AMENDED
TAINTH
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)
HAWADAN
(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
ob Title
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
20
PERSONAS INJURY Al OSS 1
Exposure
Dates
7/1961 -10/1961;
7/1962-5/1965
1963-1965
7/1961-10/1961;
7/1962-5/1965
(2. weeks, on and
off)
7/1961-10/1961,;
TI1962-5/1965 4
(2 -3 days, on an
off)
TF/A9GI-1G/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;
7/1962-5/1965
(1 month, on and
off)
EXHIBIT A
RTIOM - ASBESTOStw
Go OD Oe NY A ww BR Ow
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
AC&S Insulation
P.O, Box 1268
Lancaster, PA
il
EXHIBIT A (cont'd.)
Location of
Exposure
Shell Qi1
Martinez, CA
PG&E
Oakland, CA
Vallecitos Atomic
Laboratory
Pleasanton, CA
Missile Base
Live Oak, CA
University of California
Berkeley, CA.
(Boiler Plant)
Sheil Oil
Martinez, CA
Standard Oil
Richmond, CA
Shell Oil
Martinez, CA
Hills Brothers Coffee
San Francisco, CA
US Department of
Agriculture
Albany, CA
Job Title
Insulator
Insulator
Insulator
Insulator
Insulator
insulator
Insulator
Insulator
Insulator .
Insulator
Exposure
Dates
7/1961-10/1961;
741962-5/1965
{6 weeks, on and
off}
TA961-1LO/1961;
TH 962- 12/1962
(2 weeks, on and
off}
7/1961 -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,
7/1962-5/1965
(3 weeks)
7/1961 -10/1961;
T/1962-5/1965,
(2 weeks, on and
off)
7/1961-10/1961,;
711962-5/1965
(3 weeks, on and
off)
T/1961-10/1961;
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
i soup. 21 .
T ai ft) AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBES TOSEmployer
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
Me
EXHIBIT A (cont'd.)
Location of
Exposure
Steinhart Aquarium
San Francisco, CA
Union Oil
Rodeo/Olcum, 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,;
10/1961 -6/1962;
5/1965-12/1966
(3 weeks, on and
off)
8/1960-7/1961;
10/196) -6/1 962;
5/1965-12/1966
G-1 4 months, on
and off)
8/1960-7/1961;
10/196 1-6/1962;
5/1965-12/1966
(5 weeks)
8/1960-7/1961;
10/196] -6/1962;
5/1965-12/1966
(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;
$/1965-12/1966
(2 to 3 months, on
and off)
8/1960-7/1961;
10/1961-6/1962;
(1 month, on and
off)
EXHIBIT 4
A Anju 19340%pAKOMP-3AMND wp 22
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCO Oo MD HW B® wD
o
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
-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
Wt
XK AlujureuI2349hpldkCMP-3AMND wud
EXHIBIT A (cont'd,
Location of
Exposure
Bank of America
San Francisco, CA
(1 South Van Ness
Avenue)
Georgia Pacific
Samoa, CA
University of California
Berkeley, CA
San Francisco International
Airport
San Francisco, CA.
UCSF Medical Center
Parnassus Ave.
San Francisco, CA
San Francisco State
University
San Francisco, CA.
Fairmont Hotel
San Francisco, CA
Chabot College
Hayward, CA
San Francisco General
Hospital
San Francisco, CA.
Lockheed
Sunnyvale, CA.
Stanford Medical Center
Palo Alto, CA
Job Title
Insulator
(Foreman)
Insulator
(Foreman)
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulater
Insulator
Exposure
Dates
8/1960-7/1961,
10/1961-6/1962;
3/1965 -12/1966
(3 months, on and
off)
8/1960-7/1961;
10/1961-6/1 1962;
5/1965-12/1966°
(1 month, on and
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
8/1960-7/1961;
16/1961-6/1962;
5/1965-12/1966
8/1960-6/1962,;
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;
5/1965-12/1966
(100 days)
8/1960-6/1962;
5/1965-12/1966
1960-1962;
1965-1966
1960-1962;
1965-1966
EXHIBIT A
23
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS 0 F CONSORTIOM ~ ASBESTO!oO OD BH AR eB BW VW
ee
woe WD RM
16
Employer
AC&S Insulation
P.O. Box 1268
Lancaster, PA
AC&S Insulation
120 North Lime St.
Lancaster, PA
AC&S Insulation
Lancaster, PA
AC&S Insulation
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
K Mnjured\ 93491 iXCMP-SAMND ep
20 North Lime St.
20 North Lime St.
eae on ea
EXHIBIT 4 (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
50 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
THIRD AMENDED COMPLAI
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
0.
1960-1962;
965-1966
(2 weeks)
1960-1962;
965-1966
(1 week)
1960-1962;
965-1966
“1960-1962;
965-1966
8/1960-7/1961;
10/1961-6/1962;
5/1965-12/1966
(3 days)
EXHIBIT A
24
INT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSOO WD WH BF WN =
RN NR RNR NN NON mmm
Co 2A A BY YN F&F SO wm WY Dw BF WN = Oo
Employer
AC&S Insu
ation
P.O. Box 1268
Lancaster, PA
AC&S Insu
ation
P.O, Box 1268
Lancaster, PA
AC&S Insu.
ation
P.O. Box 1268
Lancaster, PA
AC&S Insul
ation
P.O. Box 1268
Lancaster, PA
AC&S Insu
ation
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.
Belmont, CA
it
Ktinjured\ 9347piCMPTAMND pd
EXHIBIT A {cont'd.)
Location of
Exposure
Shell Oif
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
Tnsulator
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)
960-1962:
965-1966
(3 weeks, on and
off)
960-1962;
965-1966
2 weeks
(on and off)
960-1962;
1965-1966
960-1962;
1965-1966
960-1962;
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
25
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIOM - ASBESTOSho
Ce YD HA BY
RN wy NY NN NY
oa A Ww BR WN me SG
Employer
Consolidated Insulation
Consolidated Insulation
Consolidated Insulation
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
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
Consolidated Insulation
517-D Marine View Ave.
Belmont, CA
KAinjureds19349\pIeNCMP9AMNDD wed
THIRD AMENDED
LAINT
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
SONAL INJURY A’
Job Tithe
Insulator
Insulator
Insulator
Insulator
Insulator
(Foreman)
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
1967-1972;
977-1979
{2 weeks)
967-1972;
977-1981 (on and
off(15 man days)
1967-1972;
977-198]
{5 weeks, on and
off)
967-1972
(i-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
THUM -Cc me DR A BR RW Re
MN RM NN RD NM RR me mm met
oI A WM RW MB He oO OD OW I DR A RB Be = S
Employer
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
$17-D Marine View Ave.
Belmont, CA
Consolidated insulation
517-D Marine View. Ave.
Belmont, CA
Consolidated Msulation
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
Consclidated Insulation
517-D Marine View Ave.
Belmont, CA
EXHIBIT A (contd.)
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 Hotel
San Francisco, CA
Job “Title
Insujator
insulator
Insulator
Insulator
Jnsulator
Insulator
insulator
Insulator
Insulator
Insulator
Insulator
Insulator
Exposure
Dates
1967-1970
(10 days)
1967-1972
1967-1972
1967-1972
1967-1972
(10 days)
967-1972
967-1972
/1967-3/1972
1967-3/1972
/1967-3/1972
(1 to 3 weeks)
(1967-3/1972
/1967-3/1972
EXHIBIT AEmployer
Consolidated Insulation
§17-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
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
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-Ames 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
U.S. 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
4/1977-3/1981
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 AoD wa AN DH Be NY =
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
7-D Marine View Ave.
Imont, CA
o
‘onsolidated Insulation
7-D Marine View Ave.
mont, CA
o
‘onsolidated Insulation
7-D Marine View Ave.
mont, CA
BYQ BYQ Bena
o
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
SeUtnjured 947 pIKCMP-IAMND pet
EXHIBIT A (cont'd
Location of
Exposure
Langley 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
Tnsulator
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
(L month, on and
off}
1/1967-3/1972
(7 to 10 days)
141967-3/1972
(3 weeks)
1/1967-3/1972
(2 weeks, on and
off)
1/1967-3/1972
(month, on and
off)
1967-1972
1967-1972 (one
week)
1967-1972
(3 weeks)
EXHIBIT A
THIRD AMENDED COMPLAINT FOR PERSONAL 1
SEY 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
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
Mi
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
Agriculture
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 Title
Insulator
(Foreman)
Tnsulator
Insulator
Insulator
(Foreman)
Insulator
Insulator
Insulator
Insulator
Insulator
Tnsulator
Insulator
Insulator
Exposure
Dates
1/1967- 1970
(week, on and
off)
1/1967-3/1972
(3 weeks, on and
off)
1/1967-3/1972
(2 weeks, on and
off)
1967-1968
(2 months, on and
off)
1/1967-3/1972
(1 month, on &
off)
1/1967-3/1970
(1 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
KAlnjuredn OSA0iphSICMP.3 AMET pd 30
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CO
Preview
~ Stephen J. Foley SBN 220752 Dennis M. Young SBN 121178 Roger D, Yuen SBN 221243 FOLEY & MANSFIELD, PLLP 300 Lakeside Drive, Suite 1900 Oakland, CA 94612 Telephone: (510) 590-9500 Facsimile: (510) 590-9595 E-mail: ryuen@foleymansfield.com Attorneys for Defendant LONE STAR INDUSTRIES, INC. ELECTRONICALLY FILED County of San Francis FEB 21 201 Clerk of the Cou Superior Court of ma BY: CAROL BALISTRERI Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, Plaintiffs, vs. C.C. MOORE & CO. ENGINEERS, et al., Defendants, Me Mt hil Mt Mt hil Mt 1 Case No: CGC-10-275731 “Asbestos Related Case”’ INDEX OF EXHIBITS [A] TO DECLARATION OF ROGER D. YUEN IN SUPPORT OF DEFENDANT LONE STAR INDUSTRIES, INC. 3 MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Date: May 9, 2013 Time: 9:30 a.m. Dept.: 503 Judge: Hon. Teri L. Jackson Complaint Filed: December 17, 2010 Trial Date: June 10, 2013 INDEX OF EXHIBITS [A] TO DECLARATION OF ROGER D. YUEN IN SUPPORT OF DEFENDANT LONE STAR INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION 0 Clerk~ EXHIBIT | DOCUMENT Exhibit A | Third Amended Complaint for Personal Injury - Asbestos filed by Plaintiffs ROBERT ROSS and JEAN ROSS DATED: February 21, 2013 FOLEY & MANSFIELD, PLLP By: Kegs A Stephen J. Foley Dennis M. Young Roger D. Yuen Attorneys for Defendant LONE STAR INDUSTRIES, INC. 2 INDEX OF EXHIBITS [A] TO DECLARATION OF ROGER D. YUEN IN SUPPORT OF DEFENDANT LONE STAR INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT ABRAYTON®PURCEL.L. LLP ATTORNEYS AT LAW 222 RUSH LANDING ROAD PO BOX 5162 NOVATO, CALIFORMA 94942-6169 (4157 898-1555, oO WI Dh RB WN He DAVID R. DONADIO, ESQ., S.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, THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS vs. C.C. MOORE & CO, ENGINEERS; Defendants as Reflected on Exhibit 1 attached to the Summary Complaint herein; and DOES 1-8500. eee L 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. Plaintifis' claims are as set forth in said Master Complaint against defendants herein as follows: ft if Hf KAUnuredhi349\ Me-3AMND 1 THIRD "AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSDEFENDANTS* ON EXHIBITS: Cause of Action B Bl D E F G H 1 Jt K FL M BN First (Negligence) K & Oo I oO Second (Strict Liability) BI HW O oO oO Third (False Representation) ® ki oO As to Defendants CAHILL CONSTRUCTION SERVICES, INC., CAHILL CONTRACTORS, INC., ; CAHILL CONSTRUCTION CO., INC; HANSON PERMANENTE CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION, only. Fourth (i £ . Z SZ Consortium)» RRBRWeoooo BBB O Fifth (Premises Owner/ Ri ® Contractor Liability) Sixth, Seventh, Eighth 0 (Unseaworthiness, Negligence [Jones Act],Maintenance and Cure) Ninth (Longshore and Harbor Workers O Compensation Act [LHWCA]) . ‘Tenth, Eleventh (F.E.L.A.} Oo Twelfth, Thirteenth (Respiratory — Safety Devices) ‘Fourteenth, Fifleenth (Brake Shoe Grinding} Sixteenth (Concert of Action) & Seventeenth, Eighteenth (Fraud, Deceit/Negligent Misrepresentation/Concealment} Nineteenth (Fraud/Deceit/ Intentional Misrepresentation)} Twentieth (Fraud/Deceit - Kent} Twenty-First (Aiding/Abetting Battery - Met Life} *and their alternate entities as set forth in the Master Complaint or on any Exhibit.OW Bm We Re Oo eID 10 i 12 B 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 3 Plaintiff's 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. 3. 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. (7-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 UD wm YD ww BN ~ Ce ND HD BR BN NR Bw NMR NH NR ON YoY oa AA Fk Oo NS A S jurisdiction, and that this defendant was and is authorized to do and/or was and is 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 ta this cause of action, MET LIFE was an insurer of J-M. 228. Plaintiff, was exposed 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 mill 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; MnjucesD19245\phCMP-IAMND wed. 4 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSPw YD BDA he Bw eH RON MN WR NN NR me me oY A A BF Yb NR fF 5S Cwme TAWA RNY SF Ss (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 Jess serious disease process than silicosis and that higher 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 warning 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 wam 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 Smpecf, the same as for silica dust. MET LIFE was aware of data Ktnpored: 9545 WNCMP-AMND wod 5 THIRD AMENDED COMPLAINT FOR PERS LINJURY AND LOSS OF CONSORTIUM - ASBESTOSoC OD eo MA Rh B&B Bw ON te 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 (“LHF”) 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 [HF and Laviza 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 Saranae’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 195} by Saranac’s Dr. Vorwald, in the AMA 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 JHF (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. KNiryured 9340 pCMP SAMND pd 6 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS GF CONSORTIUM - ASBESTOSCe OP YB RH Bw BP NM RR NR RN Nt mk e217 Aw BON &§ Seo wm I DH H BW HY Ss 244, 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 or 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 Jungs showed asbestos-induced changes, lest other workers including 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., CAHILL CONTRACTORS, INC., and CAHILL CONSTRUCTION CO., INC. u KAlggaresRI9B4DpIcACMP-ZAMND wp 7 THIRD AMENDED COMPLAINTTOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCe WDA HW RB WD wD mm 3 7. Plaintiff's claims against TEMPORARY PLANT CLEANERS, INC. arise from ifs 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 1 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 (2 months); Shell Oil, Martinez, CA., 7/1961-10/1961, 7/1962-5/1965 (6 weeks, on and off}, 7/1961-10/1961, 7/1962- 5/1965 (2 weeks, on and off), 7/1961 -10/1961, 7/1962- 12/1962 (3 weeks, on and off), 8/1960- FA9G1, 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. Plaintiffs 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 G 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 © WD wh Bw TD 10 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 lose, 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, 10/1961-6/1962, $/1965-12/1966, 1/1967-3/1972, 4/1977-3/1981; UC Berkeley (Ceniral 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, 3/1974-3/1976, 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 (18 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 (114 weeks, on and off); Mare Island Naval Shipyard, Vallejo, CA. (Building 503); 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, C.A., 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 tights or safety of plaintiff's and other persons similarly situated. Me ‘Koinjred 193491 2SCMP-SAMND 9 THIRD AME! COMPL: iF ND LOS: SOR’ - ASBE:Even though CAHILL was under mandatory duties to protect workers on its job sites and CAHILL admits thai, at a CAHTLL-run job site, there is nothing more important than safety, - No CAHILL senior executive, prior to the 1980s, did anything respecting the tights and safety of any worker with regard to asbestos; - CAHILL cannot identify any CAHILL job superintendent im 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 {980s; - 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 whe used any special equipment to clean up asbestos-laden debris at any CAHILL-rum 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 housekeeping steps to eliminate, tno. or control workers’ exposure to asbestos at any LL-run job site prior to the - CAHILL never provided any change rooms, showers, baths or lavatories or similar facility(ies) 1o address workers’ exposure to asbestos at any CAHILL-run job site prior to the 1980s; -¢ CAHILL never conducted any testing for airborne asbestos at any CAHJLL-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 - b CAHILL has made no attempt to determine how many people is has exposed to asbestos.2D BO we wR A HW BRB WN Accordingly, plaintiffs are entitled to recover punitive damages from CAHILL. Dated: Y) Ne BRAYTON“SPURCELL LLP By: David R. Donadio Attorneys for Plaintiffs x: est 97a9tpldACMP-3ARIND wad. i IRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEXHIBIT 1Oo 2 © ADR WH BR & HS ” Cm YD Ah BY boMe Ye RY YW wY NY cD A A RB Be BW SS EXHIBIT 1 - LIST OF DEFENDANTS C.C. MOORE & CO. ENGINEERS. ASSOCIATED INSULATION OF CALIFORNIA FLUOR CORPORATION s 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. CAHILL 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, L.P. FULLER FLOORS ROBERT MAGEE MARSHCO AUTO PARTS, INC. EMIL J. WEBER ELECTRIC 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- FME, INC. (FKA FISCHBACH AND MOORE ELECTRIC, INC.) GIAMPOLINI & CO. K SInjurexh19349%pRKOMP.3AMND 13 HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSOR’ 1UM - ASBESTOSoOo Mm ID WEBCOR BUILDERS, INC. JONES PLASTERING COMPANY JW. 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 CO., 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 A &K HEATING COMPANY, INC. ADVANCED MECHANICAL PACIFIC FIREPROOFING MATTOCK CONSTRUCTION COMPANY HARRY LEE PLUMBING & HEATING W.C. THOMASON CLIMATE AIR, INC. ALLIED SPRINKLER COMPANY, INC. DELUCCHI SHEET METAL WORKS MCCLURE ELECTRIC, INC. DPR CONSTRUCTION CIR PLASTERING COSCO SPRINKLER, ROLLINS CONSTRUCTION BANNER DRYWALL & PAINTING CQ. INC. ORTHO-CRAFT DONOVAN CONSTRUCTION BETA MECHANICAL CONTRACTORS, LIMITED PRIBUSS ENGINEERING DILLAND SEDERBERG PLUMBING ERWIN MECHANICAL INC. CLIMATE CONTROL CO., INC. KMplured\193¢0%gkKCMP.AAMND wed, 14 THIRD A ENDED COMPLA NT FOR PERSONAL INIURY AND LOSS OF CONSORTIUM - ASBESTOSoO CV me BR he B® ww NY DORN 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. J.T. 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. Knjueed 19349 98|CMP-SAMIND wp 15 HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS:EXHIBIT ACoo I A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Plaintiffs exposure to asbestos and asbestos-containing products occurred at various locations 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 Western Asbestos 3150 3° Street San Francisco, CA Heat, Frost & Asbestos Workers Union Local 16 Western Asbestos 3150 3” Street San Francisco, CA Mh Kolinjured\9349%p1CMP.3AMND.wpd Location of Exposure Warehouse 101 Williams 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 High School Insulator McKinleyville, C. Exposure Dates 2/1959-8/1959; 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 A 17 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS.CD mY DA wh BB WwW BP + Enyployer 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 Wester Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3" Street San Francisco, CA Western Asbestos 3150 3” Street San Francisco, CA Hf Kilnjured 19249%pkRCMP-2AMND.wpd THIRD AM 'OMPLA\) 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 ‘ 18 OR P IN Y Al Job Title Insulator Insulator Insulator Insulator Ins Tnsu! Tnsu Insu! Insu Tnsu. ator lator ator lator ator ator ator F Exposure Dates 1961-1965 (1 month) 1961-1962 (Approx | month) 1961-65 (Approx 1 month) 1961-1965 (3 months) 7/1961-10/1961; H1962-S/1965 (5 weeks, on and off) 7/1961-10/1961,; 7/1962-5/1 965 (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; 711962-5/1965 (L month, on and off) 7/1961-10/1961; 7/1962-5/1965 (2-3 months, on and off) EXHIBIT A ORTI - ASBE;Oo eB NIN DA Employer Western Asbestos 3150 3" Street San Francisco, CA ie EXHIBIT A (cont'd, Location of Exposure Bethlehem Steel Shipbuilding San Francisco, CA ‘triple A Machine Shop (Pier 64) San Francisco, CA Willamette Shipyard Richmond, CA Pacific 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 JR. (DD-850) CHEYENNE (T-AG-174) " HAWAUAN PLANTER (1945) : GRAFFIAS (AF-29) MATHEWS (AKA-96) MERRICK (AKA-97) TWINING (DD-540) GENERAL WA. MANN (AP-112) Exposure Dates FOG L-1O/1961; TA962-5/1965 (on and off for approx. | week each time) EXHIBIT A Aiur sold CMP 1 19 THIRD AMENDED COM SED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCm YN OH Employer Western Asbestos 3150 3" 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 Wt KNjyreci (9349191 CMP-3AMND 4 TH AMENDED TAINTH 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) HAWADAN (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 ob Title Insulator Insulator Insulator Insulator Insulator Insulator 20 PERSONAS INJURY Al OSS 1 Exposure Dates 7/1961 -10/1961; 7/1962-5/1965 1963-1965 7/1961-10/1961; 7/1962-5/1965 (2. weeks, on and off) 7/1961-10/1961,; TI1962-5/1965 4 (2 -3 days, on an off) TF/A9GI-1G/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; 7/1962-5/1965 (1 month, on and off) EXHIBIT A RTIOM - ASBESTOStw Go OD Oe NY A ww BR Ow 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 AC&S Insulation P.O, Box 1268 Lancaster, PA il EXHIBIT A (cont'd.) Location of Exposure Shell Qi1 Martinez, CA PG&E Oakland, CA Vallecitos Atomic Laboratory Pleasanton, CA Missile Base Live Oak, CA University of California Berkeley, CA. (Boiler Plant) Sheil Oil Martinez, CA Standard Oil Richmond, CA Shell Oil Martinez, CA Hills Brothers Coffee San Francisco, CA US Department of Agriculture Albany, CA Job Title Insulator Insulator Insulator Insulator Insulator insulator Insulator Insulator Insulator . Insulator Exposure Dates 7/1961-10/1961; 741962-5/1965 {6 weeks, on and off} TA961-1LO/1961; TH 962- 12/1962 (2 weeks, on and off} 7/1961 -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, 7/1962-5/1965 (3 weeks) 7/1961 -10/1961; T/1962-5/1965, (2 weeks, on and off) 7/1961-10/1961,; 711962-5/1965 (3 weeks, on and off) T/1961-10/1961; 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 i soup. 21 . T ai ft) AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBES TOSEmployer 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 Me EXHIBIT A (cont'd.) Location of Exposure Steinhart Aquarium San Francisco, CA Union Oil Rodeo/Olcum, 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,; 10/1961 -6/1962; 5/1965-12/1966 (3 weeks, on and off) 8/1960-7/1961; 10/196) -6/1 962; 5/1965-12/1966 G-1 4 months, on and off) 8/1960-7/1961; 10/196 1-6/1962; 5/1965-12/1966 (5 weeks) 8/1960-7/1961; 10/196] -6/1962; 5/1965-12/1966 (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; $/1965-12/1966 (2 to 3 months, on and off) 8/1960-7/1961; 10/1961-6/1962; (1 month, on and off) EXHIBIT 4 A Anju 19340%pAKOMP-3AMND wp 22 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCO Oo MD HW B® wD o 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 -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 Wt XK AlujureuI2349hpldkCMP-3AMND wud EXHIBIT A (cont'd, Location of Exposure Bank of America San Francisco, CA (1 South Van Ness Avenue) Georgia Pacific Samoa, CA University of California Berkeley, CA San Francisco International Airport San Francisco, CA. UCSF Medical Center Parnassus Ave. San Francisco, CA San Francisco State University San Francisco, CA. Fairmont Hotel San Francisco, CA Chabot College Hayward, CA San Francisco General Hospital San Francisco, CA. Lockheed Sunnyvale, CA. Stanford Medical Center Palo Alto, CA Job Title Insulator (Foreman) Insulator (Foreman) Insulator Insulator Insulator Insulator Insulator Insulator Insulator Insulater Insulator Exposure Dates 8/1960-7/1961, 10/1961-6/1962; 3/1965 -12/1966 (3 months, on and off) 8/1960-7/1961; 10/1961-6/1 1962; 5/1965-12/1966° (1 month, on and 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 8/1960-7/1961; 16/1961-6/1962; 5/1965-12/1966 8/1960-6/1962,; 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; 5/1965-12/1966 (100 days) 8/1960-6/1962; 5/1965-12/1966 1960-1962; 1965-1966 1960-1962; 1965-1966 EXHIBIT A 23 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS 0 F CONSORTIOM ~ ASBESTO!oO OD BH AR eB BW VW ee woe WD RM 16 Employer AC&S Insulation P.O. Box 1268 Lancaster, PA AC&S Insulation 120 North Lime St. Lancaster, PA AC&S Insulation Lancaster, PA AC&S Insulation 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 K Mnjured\ 93491 iXCMP-SAMND ep 20 North Lime St. 20 North Lime St. eae on ea EXHIBIT 4 (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 50 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 THIRD AMENDED COMPLAI 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 0. 1960-1962; 965-1966 (2 weeks) 1960-1962; 965-1966 (1 week) 1960-1962; 965-1966 “1960-1962; 965-1966 8/1960-7/1961; 10/1961-6/1962; 5/1965-12/1966 (3 days) EXHIBIT A 24 INT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSOO WD WH BF WN = RN NR RNR NN NON mmm Co 2A A BY YN F&F SO wm WY Dw BF WN = Oo Employer AC&S Insu ation P.O. Box 1268 Lancaster, PA AC&S Insu ation P.O, Box 1268 Lancaster, PA AC&S Insu. ation P.O. Box 1268 Lancaster, PA AC&S Insul ation P.O. Box 1268 Lancaster, PA AC&S Insu ation 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. Belmont, CA it Ktinjured\ 9347piCMPTAMND pd EXHIBIT A {cont'd.) Location of Exposure Shell Oif 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 Tnsulator 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) 960-1962: 965-1966 (3 weeks, on and off) 960-1962; 965-1966 2 weeks (on and off) 960-1962; 1965-1966 960-1962; 1965-1966 960-1962; 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 25 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIOM - ASBESTOSho Ce YD HA BY RN wy NY NN NY oa A Ww BR WN me SG Employer Consolidated Insulation Consolidated Insulation Consolidated Insulation 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 Consolidated Insulation 517-D Marine View Ave. Belmont, CA Consolidated Insulation 517-D Marine View Ave. Belmont, CA KAinjureds19349\pIeNCMP9AMNDD wed THIRD AMENDED LAINT 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 SONAL INJURY A’ Job Tithe Insulator Insulator Insulator Insulator Insulator (Foreman) Insulator Insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 1967-1972; 977-1979 {2 weeks) 967-1972; 977-1981 (on and off(15 man days) 1967-1972; 977-198] {5 weeks, on and off) 967-1972 (i-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 THUM -Cc me DR A BR RW Re MN RM NN RD NM RR me mm met oI A WM RW MB He oO OD OW I DR A RB Be = S Employer 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 $17-D Marine View Ave. Belmont, CA Consolidated insulation 517-D Marine View. Ave. Belmont, CA Consolidated Msulation 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 Consclidated Insulation 517-D Marine View Ave. Belmont, CA EXHIBIT A (contd.) 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 Hotel San Francisco, CA Job “Title Insujator insulator Insulator Insulator Jnsulator Insulator insulator Insulator Insulator Insulator Insulator Insulator Exposure Dates 1967-1970 (10 days) 1967-1972 1967-1972 1967-1972 1967-1972 (10 days) 967-1972 967-1972 /1967-3/1972 1967-3/1972 /1967-3/1972 (1 to 3 weeks) (1967-3/1972 /1967-3/1972 EXHIBIT AEmployer Consolidated Insulation §17-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 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 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-Ames 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 U.S. 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 4/1977-3/1981 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 AoD wa AN DH Be NY = 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 7-D Marine View Ave. Imont, CA o ‘onsolidated Insulation 7-D Marine View Ave. mont, CA o ‘onsolidated Insulation 7-D Marine View Ave. mont, CA BYQ BYQ Bena o 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 SeUtnjured 947 pIKCMP-IAMND pet EXHIBIT A (cont'd Location of Exposure Langley 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 Tnsulator 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 (L month, on and off} 1/1967-3/1972 (7 to 10 days) 141967-3/1972 (3 weeks) 1/1967-3/1972 (2 weeks, on and off) 1/1967-3/1972 (month, on and off) 1967-1972 1967-1972 (one week) 1967-1972 (3 weeks) EXHIBIT A THIRD AMENDED COMPLAINT FOR PERSONAL 1 SEY 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 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 Mi 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 Agriculture 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 Title Insulator (Foreman) Tnsulator Insulator Insulator (Foreman) Insulator Insulator Insulator Insulator Insulator Tnsulator Insulator Insulator Exposure Dates 1/1967- 1970 (week, on and off) 1/1967-3/1972 (3 weeks, on and off) 1/1967-3/1972 (2 weeks, on and off) 1967-1968 (2 months, on and off) 1/1967-3/1972 (1 month, on & off) 1/1967-3/1970 (1 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 KAlnjuredn OSA0iphSICMP.3 AMET pd 30 THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CO