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

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                wow en Dw FF WN &

Ny YY NY NY NN NY NSO Be BS BP OS Se PS El Pl
NF GG 8 OD NM & SG CC DWN BD UW fF WB NH SF DS

28

BryDON,
HUGO & PARKER
135 MAINSTREET
20 FLOOR
San Francisco, CA 94205,

Edward R. Hugo [Bar No. 124839]
P.M. Bessette [Bar No. 127588]
Josette D. Johnson [Bar No. 195977]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, CA 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

Email: service@bhplaw.com
Attorneys for Defendant

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 20 2013

Clerk of the Court
BY: ALISON AGBAY
Deputy Clerk

ROU. EE PLUMBING & HEATING, INC.

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

ROBERT ROSS and JEAN ROSS,

Plaintiffs,
vs.

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

Defendants.

(ASBESTOS)
Case No. CGC-10-275731

EXHIBITS I-L TO THE DECLARATION OF
JOSETTE D. JOHNSON IN SUPPORT OF
ROUNTREE PLUMBING & HEATING,
INC’S MOTION FOR SUMMARY
JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATION

1

EXHIBITS L-L TO THE DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF ROUNTREE
PLUMBING & HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATIONEXHIBIT Ioo N OD HW F&F BO NY =

10

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

KENNETH GOFORTH, ) Case No.: CGC-06-451849
WARREN HAASE, ) Case No.: CGC-08-274823
THOMAS Hixdon, }) Case No.: CGC-09-275161
JAMES D. LEWIS, ) Case No.: CGC-08-274946

)
ROBERT ROSS, ) Case No.: CGC-07-274099
Plaintiffs, )
vs. }
)
ASBESTOS DEFENDANTS, )
et al. (BP)
)
Defendants. )

DEPOSITION OF STEVE STEELE

Taken before Kimberly L. Avery
CSR No. 5074
August 21, 2009olnw &@ of mB Ww NN a

STEVE STEELE,
sworn as a witness,
testified as follows:

EXAMINATION BY MR. SINUNU:

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

A. Steve Steele.

Q. And your current address?

A. 3833 Walnut Avenue in Concord, California.

Qa. And your current occupation?

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

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

A. Heat and Frost Insulators and Allied Workers.

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

A. | would say approximately two to three years.

Qa. And before that was it the Heat and Frost

Insulators and Asbestos Workers?

A. Yes.

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

A. Yes.

Aiken Welch Court Reporters Steve Steele 8/21/2009oan Oo Oo F&F WD NH

mp NM NM 2B oe Se SB Be we ow BO Se
ny = 6 G@G an HD ODO FF OW NY = CO

we w N
a & wo

Q. Okay. On what date did you become a journeyman
with the Insulators’ union?

A. Approximately 1972.

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

and Allied Workers union; you understand that?

A | understand.

Q. Do you remember the date in 1972?

A. No.

Q. Did you go through an apprenticeshio before

becoming a journeyman?

A I did.

Q. And how tong was that apprenticeship?

A Four years.

Qa. Are the geographic boundaries of Local 16 the

same as they were when you became a journeyman?

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

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

controls those counties always been Local 16 insofar as

Aiken Welch Court Reporters Steve Steele 8/21/2009oOo oOo nN @ oO F&F WIN =

mow NM HY = 2 = |= Ss fs se se 2 es
RPRBESB S 8S 6 e&aN BARR = OO

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

schooling provided to you?

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

insulation on mechanical systems.

Q. So you began that in about 1968?

A. September 30th, 1968.

Qa. What's your education?

A. High school with one year of callege.

Q. And when you began as an apprentice did you

know anything about applying insulation?

A. Yes.

Q Why is that?

A. My father was an insulator.

a What's his name?

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

Qa. And was he in Local 16, as well?

A. Yes.

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

sites with him before you became an apprentice?
A. A couple times.

a. Did you also talk with him about the trade

Aiken Welch Court Reporters Steve Steele 8/21/2009

20S

we uo asana

10

before you became an apprentice?

A. Yes.

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

A. Not that | remember.

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

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

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

short deposition; that's the only time.

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

you were an apprentice, that is was there classroom

training?
A. Yes.
Q. And where was that held?

Aiken Welch Court Reporters Steve Steele 8/21/2009

21—

Oo © ON OO oO & WY DY

MM NN NN = 2B se Be SF Fe Se Se sb
BRBRRReSeaeaztanel

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

BY MR. SINUNU:

Q. When you were an apprentice.

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

Qa. Was he a member of Local 16?

A Yes.

Q. Was he an officer in the local?

A No.

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

apprenticeship coordinator.

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

A No.

Q. Who else?

A. Art Klimack, with a K.

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

A. Once a week for four hours.

Q. Thank you. That was my next question,

Were they in the evening after working hours?

22

Aiken Welch Court Reporters Steve Steele 8/21/2009teed
a BF wo Nn @= OO] © MON DW OO fF ON =

= =
“NN OD

37 |
(Discussion off the record.)
(Defendants’ Exhibits E71 to E11
Marked for Identification.}
BY MR. SINUNU:
Q. I'm going to show you documents which have been

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

A. Yes.

Q. And you brought those with you today?

A. Yes.

Q. And what are those?

A. "Asbestos Worker" journals.

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

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

several times a year.
Bless you.

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

A Yes.

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

A. Yes.

Q. The International is the organization of which

Local 16 is a part, correct?

Aiken Welch Court Reporters Steve Steele 8/21/2009I?

oo ON OD oO F&F WO N

A. Yes.

a. And that magazine has been published ever since
you entered the union, correct?

A. | think so.

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

A. That's my understanding.

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

A. | believe so.

Qa. So if your Exhibit E1 has a date of August
1979, then it would be sent out to all of the members

of the union in August or by August or September 1970,

correct?
A | would think so.
MR. DAVIS: Objection. Calls for speculation.
MR. SOLOMON: Lacks foundation.

BY MR. SINUNU:
Q. Well, again, you've received these magazines

yourself for a long time, haven't you?

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

it's quarterly or several times a year.

Aiken Welch Court Reporters Steve Steele 8/21/2009

38MR. DAVIS: Do you have questions for him about
that document that he doesn't recognize or know

anything about?

MR. SINUNU: I got lots of questions about the
document.
BY MR. SINUNU:
Qa Richard Holmes — it says, "Union Trustees:

Richard Holmes," and you recognize that name, do you
not?

A Yes.

Q. And he was one of the people who was your
teacher in apprentice school?

A. Yes.

Q. And if it says, "Richard Holmes, Secretary/
Treasurer," do you have the sense of the general date
of this document?

A I don't.

MR. SOLOMON: Objection. The question is

designed to have the witness speculate.

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

was allegedly secretary/treasurer of.

MR. SINUNU: Maybe that was my next question.

142

Aiken Welch Court Reporters Steve Steele 8/21/2009>

=
[2 onrn oa FF WOW NY =

so
no =

BY MR. SINUNU:

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

A. Yes.

Qa. Who is that?

A. | think he was an International vice president

at one time, but | think he started off as a member of

Local 16.

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

A. Yes.

Qa. And E.C. Geiger?

A. A member of Loca! 16, to my knowledge.

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

A. Maybe Tom Douglass.

Qa. Who is that?

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

called Douglass Insulation.

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

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

organization -- strike that.

143

Aiken Welch Court Reporters Steve Steele 8/21/2009=

Oo oN OO HF FF WN

STATE OF CALIFORNIA )

)
COUNTY OF ALAMEDA )

1, KIMBERLY L. AVERY, do hereby certify:

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

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

IN WITNESS WHEREOF, | have hereunder subscribed my
hand this 8th of September 2008.

KIMBERLY L. AVERY, & No. 5074 |

State of California

Aiken Welch Court Reporters Steve Steele 8/21/2009EXHIBIT JBRAYTON4PURCELL ILE
STORMS AY LAW

ALANR. BRAYTON, Es. SB. 173685
DAVID R. DONADIO, ESQ. 1436
KSENIA L. SNYLYK, ESO. “Sin nesses
BRAYTONSPURCELL LLP
Asforoeys at Law

wush Landing Road
Pi . 13x 6169

California 94948-6169
ars) Soules

ELECTRONICALLY
FILED

Superior Court of Cairns,
County of Sen Frsacicco:

DEC 29 2011
Clerk of the Court

Femative Ruling Contest Email: contestasbestosTR@ibraytonlaw com BY: JUANITA D. MURPHY

Attameys for Plaintifis

Deputy Cierk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO,

BETTY PETERSON, as Wrongfal Death }
Heir, and as Successor-in-Interest to

PHILIP PETERSON, Deceased, and )
PHILIP PETERSON, JR., DENISE

WILLIAMS ang LORIPETERSON, 2s)

Logal Heirs of PHILIP PETERSON, )

Deceased, 3

Plaintiffs, 5

}

3

ASSOCIATED INSULATION OF
CALIFORNIA and Defendants as
Reflected on Exiibit 1; and DOES 1-8360.
SEE ATTACHED EXHIBIT 1.

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

ASBESTOS
No. CGC-10-278498

DECLARATION OF RIVHARD COHEN,
M.D., M.P.HL, IN SUPPORT OF
PLAINTIFFS’ OPPOSITION TO
DEPENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR
SUMMARY JUDGMENT OR,

ALTERNATIVELY, SUMMARY
ADJUDICATION

Date: January 3, 2012

Time: 9:30 am.

Dept. 503, Hon, Teri L, Jackson
Trial Dato: February 6, 2032
Action Filed: Febniary 23, 2010

1. Tarn a licensed physician and am currently a CHaical Professor in the Division of

Occupatiunal and Envirenmenta] Medicine in the Department of Internal Medicine at (he

University of California San Francisco Schoo! of Medicine. Additionally, [have a Masters of
Public Health dearee from the UCLA School of Public Health in Epidemiglogy and a private
practice in Occupations! Medicine and Industrial Toxicology. I am Board-certified by the
Ametican Board of Preventive Madisine in General Preventive Medicine and Oscupstional
Medicine.
spline

DECLARATION OF pIcuAnb COIS
DBNRAS CORAM So tTON FON BUNA

ITER Fe UOT TTS BNET ROTOR
AS USUMENT Of ALTERNATIVELY, SUMMARY ADIUDICATIONCm A A ee wD ON

ee
ew YY - 2

OX 6169

=
a

(A158) 898-1555

e
NOVATO, CALIPORNIA 84948-6169

an

ATTORNEYS AT LAW
222 RUSM LANDING ROAD

BRAYTONOFURCELL LLP
NoN WY wR NN N NOR St ee
aay AeA fF HB SH = Sow 7

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

DAVID R. DONADIO, ESO,, 8.8. 4154436

KSENIA L. SNYLYK, ESQ., 8.B. #265399

BRAYTON¢PURCELL LLP

Attomeys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169

(415) 898-1555

Tentative Ruling Contest Email: contestashestosTR@braytonlaw.com

Attomeys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ASBESTOS

BETTY PETERSON, as Wrongful Death
No. CGC-10-275498

Heir, and as Suecessor-in-Interest to

PHILIP PETERSON, JR., DENISE
WILLIAMS and LORI PETERSON, as
Legal Heirs of PHILIP PETERSON,

DECLARATION OF RICHARD COHEN,
M.D., M.P.H.. IN SUPPORT OF
PLAINTIFFS' OPPOSITION TO

PHILP PETERSON, Deceased, and

Deceased, DEFENDANT ROBERTSHAW
CONTROLS COMPANY’S MOTION FOR.

Plaintiffs, SUMMARY JUDGMENT OR,

ALTERNATIVELY, SUMMARY

VS. ADFUDICATION

ASSOCIATED INSULATION OF )

CALIFORNIA and Defendants as ) Date: January 5, 2012

Reflected on Exhibit 1; and DOES 1-8500. ) Time: 9:30 a.m.

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

— Action Filed: Rebriary 3 S010

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

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

American Board of Preventive Medicine in General Preventive Medicine and Occupational

Medicine.

Kitnjaredi2asetipleidec R Cober SHAW wot 1 LS
DECLARATION OF RICHARD COHEN, M.D., M-P.HL, IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONwey Dw we WY

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

! investigation of illness clusters and scientific literature review.

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

4, [have been qualified as an expert and have testified in numerous asbestos cases
regarding the above, especially with regard to the issue of when knowledge of the health hazards
of asbestos became available. The subject is known as “asbestos historical state of the art." I
have reviewed historical scientific and medical literature regarding asbestos disease hazards at
the request of defense and plaintiffs attorneys since the early 1980s for the purpose of providing
asbestos state of the art testimony at trial in asbestos personal injury and wrongful death cases. 1
am qualified and routinely testify as to the medical issues involved in this case, including but not
limited to medical causation, asbestos risks and disease, epidemiology, state of the medical and
scientific art concerning asbestos-related diseases at relevant times, the nature and use of
asbestos products, and the subject's exposure to asbestos. I am qualified and also often testify as
io asbestos products defects, the release of asbestos fibers from asbestos products, discase
potential of various asbestos products, asbestos health hazards, industry awareness, and state of
the art relating to the hazards of asbestos, applicable rules and regulations, and other industrial
hygiene related issues.
tit
Kenenenoe ek A 2 xs

DECLARATION OF RICHARD COHEN, M.D., MP. IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROBERTSHAW
BBS TRONS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADIUDICATIONCo MN Dw BW NN

pee
wa Rb N S&S

16

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

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

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

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

known in the medical and scientific community that breathing asbestos dust was hammfil and __

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

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

KAlajured 2594p Cove SAW npd. 3 KLg

DECLARATION OF RICHARD COHEN, M.D, M.P.H,, [IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONCe ND Ae WN

vow MoM NM RN NY ee Be Se ee eR Oe om
RRRRER RES BRA AA REE EK = S

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

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

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

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

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

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

g. In 1949 an article appeared in Scientific American titled "Cancer and the
Environment," It was one of the first articles to appear in the popular media to discuss the
“i
Kiujured24584 lao Coben SHAW apd 4 Kus

DECLARATION OF RICHARD COHEN, M.D., M.P.H., IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONsubject of asbestos being a possible cause of cancer. I have also found reference to asbestos as a
cause of cancer in newspaper articles as early as 1949,

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

only for the asbestos factory workers, but for other trades exposed to asbestas working with
asbestos cont

¢ products. Among the at-risk trades identified by Dr. Hucper were: asbestos
construction material workers, asbestos insulation workers, asbestos brake lining workers, people!
that use asbestos brake lining, carpenters, plumbers, roofers, gasket makers, insulation workers

| (pipe and boiler), and pump packing mechanics.

I. By 1952 the Encyclopedia Britannica contained an entry indicating that asbestos is a
cause of cancer.

j. By 1958 the American Conference of Governmental Industrial Hygienists had
established a maximum atmospheric concentration for asbestos dust of five million particles per
cubic foot of air, This amount of asbestos in the air was then known not to be visible and could
only be detected by air sampling measurements.

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

1. In £964 Dr. Selikoff published his seminal article on asbestos disease in insulation
workers. He performed the first large scale asbestos mortality study and reported increased rates
of death from lung cancer, mesothelioma, asbestosis, and gastrointestinal cancer. In addition to
its scientific contribution, it was politically and socially significant because it received
widespread media exposure. It was reporied to American newspapers by the Associated Press
wire service and brought public attention to the heaith risks associated with asbestos.
FNlulueid24594iplAde-R Cole SAAW.epd, 5 KLE

DECLARATION OF RICHARD COHEN, M.D, M.?.H,, IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADIUDICATIONDp oN Aw bk WN

o
o

11

| indicate clearly that people at that time understood that they could prevent the disease by

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

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

In the late 1920s and certainly by the 1930s it was clear that breathing asbestos dust
caused asbestosis. Dr. Merewether's report in 1930, published by the British government, lists

various actions that he recommended to prevent the disease. Other publications in the 1930s

preventing individuals from breathing the dust. They suggested this could be done by either
eliminating the dust at its source ot by providing gas masks as breathing protection. In the late
1940s and early 1950s it became clear that asbestos could cause asbestosis in a large variety of
settings. It was demonstrated clearly in the literature by the early 1950s that asbestos related
disease could occur in any locale or with any task or with any product involving sufficient
asbestos exposure,

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

a. The 1935 Minutes of the Medical and Surgical Section of the American Association of|
Railroads show that the physicians who were responsible for medical issues among railroad
employees discussed exposure to asbestos and related risk to railroad workers. They included
discussion of preventive measures that are still used today, including: using masks to filter the
air; using techniques to wet down the dust lying on the floor so it doesn’t get recirculated; using
apparatus that would pull the dust away from the worker, and doing medical exams on the
workers to determine if they are sufficiently protected from asbestos so as to not develop
asbestos related disease. The historical state of the art evolved in such a way that it was clear in
MW
Mt
KAtgjresho dS R Coben SHAT! pd 6 xis

DECLARATION OF RICHARD COHEN, M.D. MPH, IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONwo wean Aw FW NY

Row woN oN Roe maa
RPRRRRRBE SSB ATS DE DB = s

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

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

c, Besides what was knowable through medical and industrial hygiene literature and
industry publications, businesscs in California for example were additionally on notice as to the

hazards of asbestos from an early point in time by virtue of various governmental regulations and

)
orders, Commencing in the 1930s, the California General Industry Safety Orders prescribed

procedures for minimizing exposure to asbestos dust including requirements for exhausting
asbestos dust, dust suppression procedures, and isolation of dust-creating work from other
workers. After the creation of OSHA in 1971, federal exposure standards regarding asbestos
were imposed commencing in 1971. These regulations were published expressly to notify those
working with asbestos containing material of its hazards and the precautions which were
necessary to be employed to reduce the risk of harmful exposures. The regulations included
descriptions of the previously-described protective measures that should be followed to eliminate:
or minimize exposures and which had been recognized and recommended since at least the
1930s,

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

asbestos. Information was readily available in the late 1950s and 1960s conceming the health

| hazards of asbestos exposure and the associated increased risk of developing an asbestos-related

Aloe dVHS0Hphdeo R Cohen SHAW. pd 7 KLS
DECLARATION OF RICHARD COHEN, MD. MP. IN SUPPORT OF PLAINTIFS OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONOo 6 RD he eB Doe

wow a
BReRRRBRREBSREAFTEBE ES

disease. Information regarding the substantial health risks associated with exposure to airbome
asbestos was readily available by the early 1960s and only become more readily available over

the course of time. Equally available was information about measures to reduce the creation of

dust and eliminate or reduce the exposure to dust that was created. By the early 1960s a control
contractor located in California and subject to California General Industry Safety Orders had
ready access to information regarding methods for mitigating exposures and. could have
implemented ther.

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

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

13. Itis equally impossible to exclude any particular type of asbestos fiber as causing
disease, as people are exposed to more than one type of asbestos fiber over their lifetime, and
KATsUIRSUASOAIgUAteOR Cohen SAW wpe 8 5

DECLARATION OF RICHARD COHEN, M.D.. MPH, IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADIUDICATIONCo ew AW he WON

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

14. When a person, such as Mr. PETERSON, contracts an asbestos-related disease, after
exposures to multiple asbestos-containing products, given sufficient minimum latency, each and
every exposure contributes to the person's total dose that caused the asbestos related disease.
‘Thus, all the asbestos to which a person is exposed to given sufficient minimum latency
contributed to cause mesothelioma. Given sufficient minimum latency, there is no scientific
basis upon which one can look back and exclude some exposures and include other exposures 23
being causally related to the asbestos-related disease which the caused decedent's death.

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

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

Ideclare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on December 21, 2011 at Saratoga, CA.

Richard Cohen ee
MD MPH Saas

Richard Cohen, MD, MPH.

KS
DECLARATION OF RICHARD COHEN, M. PH. IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT ROBERTSHAW
CONTROLS COMPANY'S. MOWGN FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATIONVe

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

30. By the late 1960's “neighborhood cases” of mesothelioma were reported from
Pennsylvania by Lieben and from London by Newhouse. These were people that lived in the
neighborhood(within 2 mile) of asbestos plants who breathed in asbestos from the
“neighborhood” air and developed mesothelioma.

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

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

33. Conclusions:

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

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

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

3) Warning regarding asbestos dust hazard and control should have occured when
construction workers were in an area where asbestos containing materials were being used,
including, mixing and applying joint compounds were being mixed, insulation was being cut,
manipulated applied and firespray was being applied of disturbed to enable the workers to avoid
exposure to asbestos fibers which had become airbome.

4) Work by different trades needed to be managed in such a way as to reduce or avoid
exposure to dust from manipulating asbestos containing building materials.
it

RUB
Aire 1132381Luec ch colt PERCOR wed 8 -

ALARA’ F Ri RD COHEN, MLD., IN SUPPORT OF PLAINTIFRS’ ‘OPPOSITION TO DEFENDANT PERIN

REAR TIONS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SU IMMARY ADJUDICATION5) The work site nected to be kept clean so that there was a0 build up of residue of
asbestos containing debris which would becowe alrhorne snd enrtrsined from fot traffic und
machinery, thereby exposing workers do asbestos exposure.

6) Workers needed fo be extucated about the proper precautions fo uat whed handling:
dgbestos containing construction matorinks in an effort 10 reduce or eliminate expomures to
asbestor,

My professional opinions arc based on a reasonable degree of medicalVsciontific
certainty,

I declate under panalty of perjury under the laws of the States of California, that the
foregoing is truc and correct.

Executed on October 20, 2019, in Seaa FoceaCulifomt:

BY FAX

pte
Soe SE EAE SS SITPRO Ss | Se a 2 A ee SS

ay

coerce:
sm ee Lie ae,EXHIBIT KALANR. BRAYTON, ESQ., SB. #73685
DAVID R. DONADIO, ESQ., S.B. #154436

ROBERT U, BOKELMAN, ESQ., S.B. #53187

BRAYTON@PURCELL LLP ELECTRONICALLY

‘Atiomeys at Law FILED

222 Rush Landing Road Sugeriot Goeit of Californie,

RO. Box. 6169 94948-6169 oct 26 Francisco
fovato, California 94948- CT 26 20

{415) 898-1555 Clerk of the 2010

Tentative Ruling Contest Email: contestasbestos TR @ braytonlaw.com gy. witiiam TRUPEK

Attomeys for Plaintiffs Deputy lark
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

JOHN CASEY and PATRICIA CASEY, ) — ASBESTOS

) No. CGC-10-275517

Plaintiffs, )

} DECLARATION OF RICHARD COHEN,
ve. } M.D., IN SUPPORT OF PLAINTIFFS'

} OPPOSITION TO DEFENDANT PERINI
ASBESTOS DEFENDANTS (B4P) CORPORATION'S MOTION FOR

rn

ADJUDICATION

Date: October 28, 2010

‘Time: 9:30 a.m.

Dept: 220, Hon. Harold E. Kahn
‘Thal Date: November 15, 2010
Action Pied: March 22, 2010

1, Richard Cohen, MD., declare:

1. Thave personal knowledge of the facts stated herein, and, if called upon, could
competently testify thamato,

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

ua

cuppa stun pRCON wt 1
SREETEN Gra eiabo colin ao WTR OR TL TS Or FEAT
one ST RBEADON

BERPORATION S MOTION POR SUMMARY IUDGMENT OR, INTHE ALTERNATIVE, SUMAAARYBe 8
— y
ge2es8
EE EBS
ge5aR5
$53855
Bee é
g

wm YN RH FR BW Ye

RR em ee
= Ss 6 ea Aa R&P FS

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

DAVID R. DONADIO, ESQ., 5.B. #154436

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

Attorneys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169

(415) 898-1555

Tentative Ruling Contest Email: contestasbestosTR @braytonlaw.com

Attorneys for Plaintiffs

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ASBESTOS
No. CGC-10-275517

JOHN CASEY and PATRICIA CASEY,
} DECLARATION OF RICHARD COHEN,
?
)

Plaintiffs,

MLD., [IN SUPPORT OF PLAINTIFFS'
OPPOSITION TO DEFENDANT PERINI
CORPORATION’S MOTION FOR,
SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION

vs.

ASBESTOS DEFENDANTS (B+P)

Date: October 28, 2010

Time; 9:30 a.m.

Dept: 220, Hon. Harold BE. Kahn
Trial Date: November 15, 2010
Action Filed: Manch 22, 2016

I, Richard Cohen, M.D., declare:

1. Lhave personal knowledge of the facts stated herein, and, if called upon, could
competently testify thereto.

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

Mt
KStgjonat 113258901 0) dow ce oe PERCOR wh 1 RUB

DECLARATION OF RICHARD COHEN, MLO, IN SUPPORT OF PLAINTIFFS OPPOSITION 10 DEFENDANT PERIN}
CORPORATION'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONCo WA AR WN

wo Bb Mm MP NR NM NM De Be oe Re oe RR om oe
SB aA hm FG he S oO wm ND mB WYN FS

3. For more than twenty years (1981-present), I have been engaged in the private
practice of occupational medicine and industrial toxicology, during which time I have provided
consultative services to industrial and other clients regarding occupational medicine and
industrial toxicology. Included are interpretation and application of OSHA occupational health
standards, and workplace assessment and recommendations regarding existing health hazards;
interpretation of industrial hygiene data with assessment of health risk; recommendations for
pte-placement, periodic or other medical surveillance evaluations; review and approval of
protocols and procedures for diagnosis and primary care by occupational health nurses and first
responders; interpretation of biological monitoring and medical surveillance data with
recommendations, where appropriate, for further actions regarding health hazard identification
and contra}; development of administrative policies and procedures for management of
occupational health programs; analysis of injury and exposure data with recommendations,
where indicated; development of programs for management and employee training in medical,
safety and industrial hygiene; assistance with the development and implementation of
occupational health programs; research and investigation in industrial toxicology including.
investigation of illness clusters, ergonomic exposures and scientific literature review; provide
expert testimony in epidemiology and industrial toxicology and teaching medical professionals
industrial toxicology.

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

5, From 1981 to 1999, I was Director, Corporate Health and Safety, of Varian
Associates, Inc., where I directed corporate medical, safety, industrial hygiene and loss
prevention programs and functions at a Fortune 500 diversified clectronics manufacturing firm.

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

Occupational Health and Safety, American Joumal of Industrial Medicine, American Industrial

eYinfurmant 1g Dder sich cob PERCOR op 2. BUS
DECLARATION OF RICHARD COHEN, M.D, IN SUPPORT OF PLAINTIFES' OPPOSITION TO DEFENDANT PERINI
CORPORATION'S MOTION FOR SUMMARY IUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADIUDICATIONoe UN KD th RB WN om

Hygiene Association Joumal, Occupational Medicine, and Current Occupational &
Environmental Medicine.

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

8. FACTS
Plaintiff, Jobn Casey is 68 year old plumber, suffering mesothelioma. Mr. Casey’s career as

lumber included construction projects and remodels of high rise buildings in San Francisco.
‘oving defendant, Perini Corp was the general contractor on 3 of the high rise building projects
Casey worked on during the course of his 41 year career as a laborer, then plumber in the

construction trade.

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

San Francisco Civic Auditorium, San Francisco, CA

Plumber 1962-1963 (approximately 8-12 months)

Job Duties: Plaintiff performed plumbing removal, replacement, and installation during a
remodel project. Plaintiff removed and replaced plumbing lines, including water and steam
lines. Plaintiff disturbed existing asbestos-containing fireproofing during installation of pipe
hangers. Plaintiff worked in close proximity to laborers, employed by PERINI

CORPORATION, sweeping and cleaning asbestes-containing dust and debris. Plaintiff worked
with co-worker Bob Olson, deceased,

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

Job Duties: Plaintiff worked on the new construction of this building. Plaintiff jnatalled

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

asbestos-containing fireproofing. Plaintiff worked alongside laborers employed by the general

gontiactor PERINT CO! RATION, sweeping and cleaning asbestos-containing dust and
lebris.

Hyatt Regency Hotel, (Market Street) San Francisco, CA
Plumber 970-1971 (approximately 6-8 months)

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

i
uit

Nore {3238 De oh cole PERCOR. wot 3 RUB
DECLARATION GF RICHARD COHEN, M.D, IN SUPPORT OF PLAINTIFFS: OPPOSITION TO DEFENDANT PERINE
CORPORATION'S MOTION POR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION9. The above facts concerning the plaintiff and related exposure to construction
products were provided by plaintiff's counsel; any opinions expressed in this declaration that
involve these facts are based on the assumption that these facts are true and accurate.

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

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

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

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

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

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

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

IL13235\PLO Wo sich onben PAKCOR 4 RUB
DECLARATION OF RICHARD COHEN, M.D, IN SUPPORT OF PLAINTIFES: OPPOSITION 10 DEFENDANT PERINT
CORPORATION'S MOTION POR SUMMARY JUDGMENT OR, JN THE ALTERNATIVE, SUMMARY ADJUDICATIONaA ne WN =

needed to get rid of the asbestos dust so the workers did not