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  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview 
						
                                
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Gordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2060
San Francisco, CA 94111

27

(GOOD/167474/ 16890851.

MICHAEL J. PIETRYKOWSKI (SBN: 118677)
mpietrykowski@gordonrees.com

KATHRYN J. LAFEVERS (SBN: 252003) ELECTRONICALLY
klafevers@gordonress.com
GORDON & REES LLP $y FILED .
iperior Court of California,
775 Battery Steet, Twentieth Floor ee
eI >
San Francisco, CA 94111 AUG 28 2013
Telephone: (415) 986-5900 Clerk of the, Court
Facsimile: (415) 986-8054 Deputy Clerk
Attorneys for Defendant
THE GOODYEAR TIRE & RUBBER COMPANY
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
1
ROBERT ROSS and JEAN ROSS, ) CASENO, CGC-10-275731
j :
Plaintiffs, ) THE GOODYEAR TIRE & RUBBER
) COMPANY’S MOTION IN LIMINE TO
v. ) EXCLUDE REFERENCE TO POST-
} 1969 ASBESTOS EXPOSURE FROM
ALTA BUILDING MATERIAL COMPANY., ) GOODYEARITE, WINGFOOT, OR
etal., ) DURABLA GASKET MATERIAL [MIL
) #H
Defendants. )
)} Action Filed: December 17, 2010
} Trial Date: September 9, 2013
)
)
)
)
)
)
)

The Goodyear Tire & Rubber Company (“Goodyear”), before trial and selection of a
jury, seeks an order in limine that plaintiffs Robert Ross and Jean Ross (“plaintiffs”) and/or
plaintiffs’ counsel abstain from making reference to asbestos exposure from Goodyearite,
Wingfoot (originally identified as “Widget”) or Durabla gasket material after 1969. Goodyear
further requests an order that plaintiff's’ counsel so inform all of plaintiffs’ witnesses not to make
any such reference. Such evidence has no probative value to any of the issues in this action.

Moreover, such evidence would create a substantial danger of unduly prejudicing Goodyear and

ele

THE GOODYEAR TIRE & RUBBER COMPANY’S MOTION IN LIMINE TO EXCLUDE REFERENCE TO
POST-1969 ASBESTOS EXPOSURE FROM GOODYEARITE, WINGFOOT, OR DURABLA GASKET
MATERIALGordon & Rees LLP

Embarcadero Center West
275 Battery Street, Suite 2000

San Francisco, CA 94411

misleading the jury and would necessitate an undue consumption of time since Goodyear ceased
production of asbestos-containing gaskets for sale to any entity in 1969. (Declaration of Kathryn
J. LaFevers (“LaFevers Decl.”), Exhibit A ~ Declaration of Gary R. Tompkin (“Tompkin
Decl.”), € 3.)

Mr. Ross alleges he was exposed to asbestos from working in proximity to others
removing and installing “Goodyearite,” “Wingfoot,” and “Durabla” gasket material while he
working as an insulator at various jobsites between 1961 and 1977. Mr. Ross admitted he didn’t
know the composition of any Goodyearite, Wingfoot or Durabla gasket material he worked
around. Goodyear made and sold many sheet gaskets that contained no asbestos from the early
part of the 20" Century until at least 1983. (LaFevers Decl., Exhibit A ~ Tompkin Decl., § 3.)
Additionally, Goodyear ceased production of all asbestos-containing gasket material in 1969.
(LaFevers Decl., Exh. A — Tompkin Decl., €3.) Thus, it is impossible that Mr. Ross was
exposed to new asbestos-containing gasket material for which Goodyear is allegedly responsible
after 1969. As such, any reference to asbestos exposure from new gasket material manufactured
by Goodyear after 1969 is wholly irrelevant and must be excluded.

DATED: August 28, 2013 GORDON & REES LLP

Attorneys for Defendant
THE GOODYEAR TIRE & RUBBER.
COMPANY

2-

THE GOODYEAR TIRE & RUBBER COMPANY’S MOTION IN LIMINE TO EXCLUDE REFERENCE TO
POST-1969 ASBESTOS EXPOSURE FROM GOODYEARITE, WINGFOOT, OR DURABLA GASKET
MATERIALOo em WA

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PROOF OF SERVICE
ROBERT ROSS AND JEAN ROSS V. C.C. MOORE & Co. ENGINEERS
SAN FRANCISCO SUPERIOR COURT CASE NUMBER CGC-10-275731

I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon & Rees LLP 275 Battery Street, Suite
2000, San Francisco, CA 94111. On August 28, 2013 I served the within documents:

DEFENDANT THE GOODYEAR TIRE & RUBBER COMPANY’S MOTION IN
LIMINE TO EXCLUDE REFERENCE TO POST-1969 ASBESTOS EXPOSURE
FROM GOODYEARITE, WINGFOOT, OR DURABLA GASKET MATERIAL
[MIL#1]

by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.

by personally having Nationwide Legal, Inc. delivery the document(s) listed above
to the person(s) at the address(es) set forth below.

ood

by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in United States mail in the State of California at San Francisco,
addressed as set forth below.

by electronically serving the document(s) described above via File & Serve Xpress
on the recipients designated on the Transaction Receipt that is located on the File &
Serve Xpress website and as set forth below:

i

BRAYTON“ PURCELL
222 Rush Landing Road
Novato, CA 94948

Tele: 415-898-1555

Plaintiffs’ Counsel

1 am readily familiar with the firm’s practice of collection and processing correspondence|
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after the date of deposit for mailing in affidavit.

I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.

Executed on_ August 28, 2013 at San Francisco, California.

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Vanessa Santellan

Proof of Service