Motion-Secondary: CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS

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                                NOVATO, CALIFORNIA 94948-6169

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ALAN R. BRAYTON, ESQ., 8.B. #73685
DAVID R. DONADIO, ESQ., 8.B. #154436

JENNIFER C. BENADERET, ESQ., 8.B. #269953 ELECTRONICALLY
BRAYTON&PURCELL LLP
Attorneys at Law sopehr IL ED,
5 Rush Fanding Road County of San Francisco ‘
Novato, California 94948-6169 SEP 29 2011
(415) 898-1555 Clerk of the Court
Tentative Ruling Contest Email: contestasbestasTR@braytonlaw,com BY: WILLIAM TRUPEK
Deputy Clerk

Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ASBESTOS
No. CGC-09-275098

DECLARATION OF JENNIFER C.
BENADERET IN SUPPORT OF
PLAINTIFF'S OPPOSITION TO
DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR
SUMMARY JUDGMENT

CHARLES HUSBAND,
Plaintiff,
vs.

ASBESTOS DEFENDANTS (BP)

eee

Date: October 13, 2011

Time: 9:30 a.m.

Dept: 220, Hon. Harold E. Kahn
Trial Date: November 14, 2011
Action Filed: March 2, 2009

I, Jennifer C. Benaderet, declare as follows:

1. Lam an attorney at law duly licensed to practice before all courts in the State of
California and am an associate with the law firm of Brayton%Purcell LLP, attorneys of record for|
plaintiff herein and as such am fully familiar with the facts of this case and if called as a witness
regarding the matters set forth below, I would so testify.

2. A true and correct copy of the Declaration of Charles Husband, is attached hereto as
Exhibit A.

3. A true and correct copy of the Declaration of Charles Ay, is attached hereto as Exhibit

B.

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DECLARATION OF JENNIFER. C, BENADERET IN SUPPORT OF PLAINTIFI'S OPPOSITION TO DEFENDANT YORK
INTERNATIONAL CORPORATION’S MOTION FOR SUMMARY JUDGMENTOD Oe YW BR A Bw NY

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4. A true and correct copy of the Declaration of Herman Bruch, M.D., is attached hereto}
as Exhibit C.

5. A true and correct copy of the Deposition transcript of Fred Ziffer, dated December
15, 2005 in Paul Sykes and Bonnie Sykes, v. American Standard, et al., Cause No. 2005-11196,

in the District Court of Harris County, Texas, is attached hereto as Exhibit D.
6. A true and correct copy of relevant portions of the deposition transcripts of Charles
Husband is attached hereto as Exhibit E.

7. A true and correct copy of YORK’s Responses to San Francisco County General

eC Oe RD A eB we LY

Order 129 Interrogatories, dated October 16, 1997, is attached hereto as Exhibit F.
id vy, Advocate Mines, Los

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Angeles County Superior Court Case No. BC379088, is attached hereto as Exhibit G.

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

Executed on q 4 (i , at Novato, Califernia.

nifer Cy Benaderet

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DECLARATION OF JENNIFER C. BENADERET IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK
INTERNATIONAL CORPORATION'S MOTION FOR SUMMARY JUDGMENTEXHIBIT ABRAYTON@PURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

POBROK 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

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ALAN R. BRAYTON, ESQ,, S.B. NO. 73685
DAVID R. DONADIO, ESQ., S.B. NO. 154436
JENNIFER C. BENADERET, ESQ., S.B. NO. 269953
BRAYTON “PURCELL LLP

Attomeys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169

(415) 898-1555

Attorneys for Plaintiff

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

BY FAX
No. CGC-09-275098

Plaintiff,
DECLARATION OF CHARLES
vs. HUSBAND IN SUPPORT OF
PLAINTIFF'S OPPOSITION TO
ASBESTOS DEFENDANTS (BP) ) DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR
SUMMARY JUDGMENT

CHARLES HUSBAND, } ASBESTOS

Date: October 13, 2011
Time: 9:30 am.
Dept: 220, Hon. Harold E. Kahn
Trial Date: November 14, 2011
Action Filed: March 2, 2009
I, CHARLES HUSBAND, declare as follows:
1. [am the plaintiff in this action. The information stated herein is true to my own
personal knowledge and, if called as a witness, I could and would testify competently thereto.
2. From the late 1950s through 1966, I worked for my father’s business, Whalen
Engineering, performing maintenance to air-conditioning compressors on the weekends.
3. For this entire span between the late 1950s through 1966, I performed maintenance
work to compressors for approximately 15-26 hours per weekend at my father’s shop, on 8-10
compressors per day, depending on the compressors because some were more difficult to tear
down than others.

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ECLARATION OF CHARLES HUSBAND IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL

Dl
CORPORATION'S MOTION FOR SUMMARY JUDGMENT-

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4. Approximately 30% of the compressors that | worked on during this period was
YORK INTERNATIONAL CORPORATION (“YORK”)-brand compressors. Additionally,
15-20% were FRICK-brand compressors. | identified these compressors as YORK and FRICK
because the company name was written on an aluminum or brass name plate on the side of each
compressor.

5. The tear-down process for both the YORK and FRICK compressors consisted of
washing, cleaning, and disassembling the compressor in order to reach the malfunctioning
component part(s}, and scraping off existing asbestos-containing gaskets on the unit every time
I worked on a compressor. On YORK electric motors, sometimes [ had to cut windings and
strips of insulation out in order to rewind the motor.

6. To perform one tear-down on both a YORK-~ and a FRICK-brand compressor, it took
me approximately 45 minutes to one hour. This was dependant upon how difficult it was to
remove each asbestos-containing gasket from the compressor. During the disassembling
process, some of the gaskets would fall off. For those gaskets that were stuck on the
compressor, I had to scrape them off with a hammer and chisel or wire brush after they were
submerged in a cleaning solvent and air-blown dry. Each gasket that was stuck took 15 to 20
minutes or more each to remove. The gaskets were stuck on about 50% of the compressors that
I worked on. Additionally, the submerging process did not penetrate the gaskets because they
would be so burnt onto the compressor that they were like stone and had to be chipped off.

7. Ofall compressors that came in for repair to Whalen Engineering’s shop, including
YORK- and FRICK-brand compressors which | personally disassembled and removed asbestos-
containing gaskets from, 95% of them had original manufacturer equipment in place, including
the asbestos-containing gaskets that I had to scrape off. I knew this because they had never
been rebuilt or repaired previously.

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DECLARATION OF CHARLES HUSBAND IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENT08/20/2011 19:47 TEL 7o7Ss5028g Fi ¥ printas - Booesooz
To: Chartas Husband From: Denille Haris, Wedneaday, September 29, ¢u1t tace/ Hin rage: 4 ors
Subjach Chases Husband v. Askestos Defendants . i

8. Tnever wore a respirator of any type of brealbing equipment while performing this -
work on compressors, including YORK- and FRICK-brand compressors at Whalen ‘
Engineering. .

I declare under penalty of perjury under the laws of the State of Califomia and

Exeoured on G-2 2011, at Clearlake Park, California

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{EXHIBIT B-BRAYTON*PURCELL LLP

ATTORNEYS ATLAW
222 RUSH LANDING ROAD

PO BOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

oP me NI KR BR wD De

ALAN R. BRAYTON, ESQ, S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436

JENNIFER C. BENADERET, ESQ., 8.B. #269953
BRAYTON®PURCELL LLP
Attorneys at Law
222 Rush Landing Road
P.O. Box 6169
Novato, California 94948-6169
(415) 898-1555
Attomeys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CHARLES HUSBAND, ) ASBESTOS
No. CGC-09-275098
Plaintiff,
) DECLARATION OF CHARLES AY IN
vs. * SUPPORT OF PLAINTIFF’S
OPPOSITION TO DEFENDANT YORK
ASBESTOS DEFENDANTS (BP) ) 1 INTERNATIONAL CORPORATION’S

MOTION FOR SUMMARY JUDGMENT

Date: October 13,2011
Time: 9:30 a.m.
Dept: 220, Hon. Harold E. Kahn
Trial Date: November 14, 2011
Action Filed: March 2, 2009

I, Charles Ay, declare as follows:

1. Lam nota party to the above-referenced action. I have personal knowledge of the

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facts stated herein, and if called as a witness, I could and would competently testify thereto.

2. Tam certified by the State of California as an asbestos consultant, pursuant to
Business & Professions Code § 7180, et seq. The requirements for Certification as an Asbestos
Consultant under Business & Professions Code § 7184 are as follows:

A person shall qualify as a certified asbestos consultant by meeting all of the following
requirements:

(a) Having any one of the following: +
My

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DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL

CORPORATION'S MOTION FOR SUMMARY JUDGMENT “ant BITCO OW YN DR A BY De

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(1) One year of asbestos-related experience, and a bachelor of science
degree in engincering. architecture, industrial hygiene, construction
management, or a related biological or physical science.

(2) Two years of asbestos-related experience, and a bachelor's degree.

(3) Three years of asbestos-related experience, and an associate of arts
degree in engineering, architecture, industrial hygiene, construction
management, or a related biological or physical science.

(4) Four years of asbestos-related experience and a high school diploma
or its equivalent.

(b) Possession of a valid federal Asbestos Hazard Emergency Response Act
(Subchapter H (commencing with Section 2641) of Chapter 53 of Title 15 of the United
States Code) certificate for the type of work being performed, or its equivalent, as
determined by the division.

(c) Demonstration of proficiency by achieving a passing score as determined by the
division on an examination approved or administered by the division including, but not
limited to, the following subjects:

(1) Physical characteristics of asbestos.

(2) Health effects of asbestos.

(3) Federal Occupational Safety and Health Administration, Division of
Occupational Safety and Health, Environmental Protection Agency, air quality
management districts, and State Department of Health Services regulatory
requirements, including protective clothing, respiratory protection, exposure
limits, personal hygiene, medical monitoring, disposal, and general industry
safety hazards.

(4) State-of-the-art asbestos abatement and control work procedures. The
division shall define and incorporate into the certification standards the term
"state-of-the-art" for purposes of this article, in the regulations required by
subdivision (b) of Section 9021.5 of the Labor Code.

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DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCO OW YN DR A BY De

RM NR NY NYY BR Ye Be Be Se Se ee Be Be Be
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(5) Federal Asbestos Hazard Emergency Response Act training
information and procedures for inspectors, management planners, and
supervisors, as provided for under Subchapter II (commencing with Section
2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as
determined by the division.
(6) Information concerning industrial hygiene sampling methodology,
including asbestos sampling and analysis techniques and record keeping.
The AHERA training requirement can be fulfilled only by taking courses in the specified
disciplines from a California Division of Occupational Safety and Health “DOSH™ approved
trainer, All subsequent certificates submitted with renewal requests must likewise be from a
DOSH approved trainer. Attached hereto as Exhibit 1 is the Examination Bibliography for
Asbestos Consultant Certification, which lists the texts with which I am required to be familiar.
3. As an asbestos consultant for Asbestos Detection, between 1984-2009, I inspected
commercial, residential, industrial and marine properties for the presence of asbestos. |
collected samples of material, took air samples, performed and reviewed laboratory work at
Asbestos Detection’s laboratory, wrote reports and made recommendations regarding the

andling of asbestos-containing materials.

4. Lam certified as a building inspector, management planner and worker/supervisor for
asbestos. | am certified by the Environmental Protection Agency to sample and evaluate air-
borne asbestos fibers. I have been engaged in inspecting commercial, residential and industrial
buildings for asbestos since 1984. [have sampled, abated, and removed asbestos-containing

materials including insulation materials and insulation muds, Some of the many buildings that I

ave performed inspection and sampling at throughout Southern California include Crown
Zellerbach in the City of Commerce; the Broadway Plaza in Los Angeles: high-rises on
Wilshire Blvd. in Los Angeles; the Disneyland Hotel in Anaheim: the Anaheim Convention

Center; the CNA Building in Los Angeles; residences in Van Nuys, Newhall, and South Gate;

hundreds of residential homes after the North Ridge earthquake; an apartment complex in
Canoga Park; and various Lucky stores.

Kei Ost spit dso YORK 3 ee

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCo em YW KD hw BR YY

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5. In addition to building materials, I have tested numerous gaskets and packing of
different colors, different shapes, and different sizes. | have tested auto parts. | have tested
electrical controllers. [have tested transite pipe. I have tested the gunite material used in the
construction of swimming pools. In all of these products I have found asbestos.

6. [have been charged with asbestos abatement oversight and regulatory compliance.
In order to do my asbestos detection and abatement work, I have relied on the OSHA
regulations regarding presumed asbestos-containing materials, specifically 29 CFR
1910.1001(b), which defines presumed asbestos-containing material (PACM) to be thermal
systems insulation (TSI) and (wall, floor, ceiling) surfacing material found in buildings
constructed before 1980. 29 CFR 1910.1001(j)(1) states: “Installed Asbestos Containing
Material. Employers and building owners are required to treat installed TSI [Thermal System
Insulation] and sprayed on and troweled- on surfacing materials as ACM in buildings
constructed no later than 1980 for purposes of this standard. These materials are designated
‘presumed ACM or PACM’, and are defined in paragraph (b) of this section. Asphalt and vinyl
flooring material installed no later than 1980 also must be treated as asbestos-containing.” Lam.
familiar with the California Code of Regulations, Title 8, Section 1529(b), which defines
“Presumed Asbestos Containing Material” as “thermal system insulation and surfacing material
found in buildings constructed no later than 1980. The designation of a material as ‘PACM’
may be rebutted pursuant to subsection (k)(5) of this section.” Subsection (k)(5) in turn states
that an employer or owner may demonstrate that PACM does not contain more than 1%
asbestos either by having an inspection conducted pursuant to the Asbestos Hazard Emergency
Response Act (AHERA) (40 CFR Part 763, Subpart E) which demonstrates that the material is
not asbestos-containing or by having a test performed by an accredited asbestos inspector or a
certified industrial hygienist, with samples collected in the manner described in 40 CFR 763.86.
Tam also familiar with regional Air Quality Management District regulations for abating

asbestos-containing materials and presumed asbestos-containing materials. Both the Bay Area

AQMD and the South Coast AQMD require testing of buildings and written notice prior to
demolition, renovation, or removal activities.
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DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCO wm YD A BR RY

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7. The maintenance of the above-named certifications requires continuing education on
an annual basis for re-certification. | have taken numerous classes in asbestos sampling and
abatement which have detailed identifying asbestos-containing materials such as those listed
above.

8. From 1956 to 1960, I worked as an asbestos pipecoverer and insulator in the
construction industry in refineries, power plants, and buildings.

9, From 1960 to 1981, | worked in the shipyard industry as an insulator, with extensive
work at Long Beach Naval Shipyard.

10. In my experience as an insulator, the uses, application, and methods involving
asbestos-containing products, including thermal insulation, in those various settings, and
various decades was virtually identical - at least up to approximately 1974 when no new
asbestos thermal insulation was installed - although asbestos remained in other new products,
such as gaskets and transite for example much longer.

11. During the time I was active as an insulator, { was a member of the International
Association of Heat and Frost Insulators and Asbestos Workers Union. I have personally
worked with most all asbestos-containing products made and sold in the United States dating to
at least 1940, to include, by example and not limitation, thermal insulation, textiles, cloths,
mastics, muds, pipecovering, block, roving, gaskets, packing, joint compounds, patch materials,
fireproofing, brakes, clutches, friction lining, tapes, wrappings, floor tiles, ceiling coatings,
ceiling tiles, cements, transite, floorings, sidings, roofing shingles, paper, dryer felts, pads,
coverings, and twine. Throughout my career as an asbestos insulator, | applied and worked
around the full range of thermal insulation products, including non-asbestos-containing
products such as canvas, foam glass, fiberglass, mineral wool, Styrofoam, rubber insulation,
cork, urethane, rockwool, fibercell, and asbestos free calcium silicates and mastics, as well as
with the full range of asbestos-containing thermal insulation products, including 85% magnesia,
asbestos-containing calcium silicates, aircell, asbestos cement or “transite” sheeting, asbestos
cloth, asbestos-containing mastics, and fibrous adhesives. I have installed and removed each of
these asbestos and non-asbestos-containing products at numerous, different locations. I have
K:Ninjuredt 65845 ptdonay VORKIN wou 5 seu

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCO wm YD A BR RY

RM NR NY NYY BR Ye Be Be Se Se ee Be Be Be
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developed the ability to recognize asbestos versus non-asbestos- containing thermal insulation
materials. | have long been readily familiar with the use, appearance, and physical
characteristics in place of the full range of both asbestos-containing and asbestos free thermal
insulation products.

12. In the early 1970s, | was present at the first world conference on asbestos that was
ever held where researchers and doctors from all over the world came together to discuss the
problems with asbestos. At this conference, | chaired a session on labor’s involvement in
occupational medicine. In 1977 and 1978, I took various courses relating to asbestos and
environmental health hazards from Mount Sinai School of Medicine in New York, NY and the
William Black Post-Graduate School of Medicine. In 1979 1 completed an Asbestos Sampling
course through the U.S. Department of Health, Education & Welfare, NIOSH. In 1988, 1
received my E.P.A. certification on Building Inspection for Asbestos and took a course on
Asbestos Counting and Sampling (NIOSH) 7400 from the University of Southern California. 1
have advised members of the epidemiology boards of the various branches of the armed
services as to how members of the military might be exposed to asbestos in the course of their
work.

13. Ihave been qualified to testify as an expert witness in federal and state courts in the
identification, use, installation and removal of asbestos-containing products. I have testified as
an expert witness in a number of trials regarding asbestos content and exposure. Over the years,
Thave served on asbestos-related committees and attended and presented information at
conferences regarding asbestos. Specifically, I have presented, and am often called to discuss,
the types of products which contain asbestos and the means by which exposure can occur from
such products.

14. Lhave reviewed extensive medical, scientific, regulatory, governmental and
industrial publications regarding asbestos and remained current as to them as part of my
professional practice at Asbestos Detection, as well as concerning asbestos in products
historically. Regulatory and government documents are essential to my work as an asbestos
consultant, because I must comply with the regulations. These documents corroborate my
K:Ninjuredt 65845 ptdonay VORKIN wou 6 seu

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCO wm YD A BR RY

RM NR NY NYY BR Ye Be Be Se Se ee Be Be Be
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personal knowledge gained from testing and my work experience as to what materials are likely
to contain asbestos. They also provide me with information as to the ways in which exposure to
dangerous levels of asbestos fibers were likely to occur and what precautions should have been
taken to prevent those exposures. The scientific documents provide a basis for my
understanding of how exposure from particular asbestos-containing products occurs: how the
fibers are released and how they behave once released. For example, Dr. Millette’s gasket
studies have given me information about the behavior of asbestos fibers on the surface of the
gasket and how little force is required to dislodge these fibers. From these studies I am able to
evaluate how handling a particular material would result in the release of respirable asbestos
fibers.

15. Gaskets, sheet packing and packing are used as a means of preventing leakage in
boilers, boiler accessory equipment, steam valves, pumps, pump shafts, compressors and piping
systems onboard naval ships and in industrial, marine and commercial settings. Packing
performs the same function as a gasket ~ to seal in fluids ~- but is used where motion is
necessary to the device, for example in pumps, valves, compressors, mixers, and hydraulic
cylinders. Gaskets, sheet packing and packing used in marine, commercial and industrial
settings contained asbestos except on some cold-water lines because gaskets and packing were
used in high pressure, heat, steam, or caustic systems, such as those found in boilers, boiler
accessory equipment, compressors, steam valves, pumps and piping systems from the 1900s
until the late 1980s. Asbestos was used in the packing and gaskets in various high pressure or
high temperature valves and pumps because the asbestos could withstand the high temperature,
high pressure, and other caustic environments.

16. Ihave read reports from government sources and researchers which describe the

friability of various asbestos products, including gaskets. Those reports include, but are not
necessarily limited to:

a. Evaluation of Asbestos Airborne Fiber Levels During Installation and
Removal of Valve Gaskets and Packing (1992), McKinnery and Moore, Applied Industrial
Hygiene Foundation. This study evaluated the levels of airborne asbestos fibers during the dry
Kedar StU Sptldseay-VORKIN.upd 7 seu

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCo em YW KD hw BR YY

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installation and removal of asbestos-containing gaskets and packing materials. PCM analysis
of air samples showed fiber levels ranging from 0.049 to 0.44 fibers/cc for removal of
gaskets and 0.1311 to 0.29 fibers/ce for installation of gaskets. PCM analysis of air
samples showed fiber levels ranging from 0.04 to 1.01 fibers/ce for removal of packing
and 0.03 to 0.75 fibers/cc for installation of packing. TEM analysis showed fiber levels
from 0.86 to 18.44 structures/ce for removal of gaskets and 0.40 to 74.32 structures/cc for
installation of gaskets. TEM analysis showed fiber levels from 0.39 to 19.57 structures/ec
for removal of packing and 0.03 to 10.88 structures/ce for installation of packing.

b. A Close Examination of the Study of Asbestos Gasket Materials (1992),
Millette and Brown, Microscope. This study found that uncoated asbestos fibers were present
on the surface and edges of gaskets and would be released as free fibers with mild abrasion.
The researchers found chrysotile asbestos fibers protruding from the flat surfaces and
edges of all four new gaskets they tested. Higher magnification of the images showed the
presence of thinner chrysotile fibers which were not coated by the binder.

17. Lhave conducted tests on spiral-vound gaskets similar to the gaskets at issue in this
case to evaluate their asbestos content. In the course of conducting these tests, | have obtained
samples of spiral-wound gaskets from industrial sites including refineries and tested those
spiral-wound gaskets for the presence of asbestos. The method by which I tested those spiral-
wound gaskets for the presence of asbestos is Polarized Light Microscopy utilizing the
McCrone Dispersion Staining Method. Using this method, I place the sample to be tested on a
slide and coat the material with 1.550 high dispersion refractive index oil. When the slide is
placed under a microscope and exposed to polarizing light, the chrysotile fibers in the sample
appear as a blue-magenta color. Using this method of analysis, I have analyzed samples from
spiral-wound gaskets installed into the 1980s and the results have consistently been positive for
the presence of asbestos.

18. In the course of my work as an asbestos consultant, I routinely conduct product
research and review discovery responses of companies involved in asbestos litigation. I have
teviewed excerpts from YORK INTERNATIONAL CORPORATION’s Responses to San
Koinjuneh ts pldeaye ORRIN pd 8 son

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCO OW YN DR A BY De

RM NR NY NYY BR Ye Be Be Se Se ee Be Be Be
eo WA A PB OH se So we IY DR mA BW BW ee oS

Francisco County General Order No. 129 Interrogatories, dated October 16, 1997. These
General Order No. 129 Interrogatories that reviewed are attached herein as Exhibit A. In my
experience, admissions of the manufacturers of asbestos-containing products in response to
discovery requests in asbestos litigation are a reliable and authoritative source of information on
the brands and descriptions of asbestos-containing products. In my line of work, these
discovery responses are generally acted upon as genuine and reliable by experts and consultants,
such as myself. I note that these Responses indicate that YORK INTERNATIONAL
CORPORATION admits that it sold equipment, some of which contained asbestos-containing
gaskets, purchased from Durabla, Garlock, and Johns-Manville.

19. During the course of my work as an asbestos consultant, { have researched, tested
and examined various types of gaskets used in connection with high heat, high pressure and
steam industrial systems. Besides Flexitallic-brand gaskets, during the relevant time period
there were approximately six major brands of gaskets commonly referred to by those in the
trades as “Flexitallic-type” or “spiral wound” or “metal ring” gaskets, including but not limited
to, Garlock and Johns Manville. Up until the 1980s, the percentage of spiral wound/metal
ring/Flexitallic-type gaskets on the market that contained asbestos was 99% if not 100%, The
very small percentage of non-asbestos “Flexitallic-type” gaskets in the market during the
relevant time period would have been specially manufactured, custom gaskets, only available by
special order.

20. During the course of my work as an asbestos consultant, I have worked and
consulted with, James R. Millette, Ph.D. Dr. Milletie is an environmental scientist, toxicologist
and electron microscopist. Dr, Millette has performed extensive testing and examination of
various types of gaskets, including their asbestos content, releasability of their asbestos fiber,
and exposure to asbestos in these gaskets. Dr. Millette has performed testing for me in the past
for my work as an asbestos consultant. Some of the brands of gaskets that Mr. Millette has
tested include, but are not limited to: Durabla, and Garlock. The testing that Dr. Millette has
performed is similar to my own testing and examination of asbestos in gaskets for marine and
industrial applications. Attached herein as Exhibit B are the results from testing that Dr.
Koinjuneh ts pldeaye ORRIN pd 9 son

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCo em YW KD hw BR YY

10

Millette performed with Durabla gaskets on March 10, 1994, Dr. Millette’s results confirm that
the Durabla gaskets had chrysotile asbestos fibers protruding from the surface of the gasket
material, and were available to be released from the gasket upon rubbing or abrasion, despite
the fact that most of the asbestos fiber was bound in the gasket material. Attached herein as
Exhibit C are the results from testing that Dr. Millette performed with Garlock gaskets on
March 15, 1995. Dr. Millette's results showed that the Garlock gaskets released particles of
gasket material when tapped with a screwdriver, TEM showed that some of the particles were
chrysotile asbestos fibers.

21. Ihave reviewed the declaration of plaintiff, CHARLES HUSBAND (attached as
Exhibit A, to the Benaderet Decl.), Mr. HUSBAND states that from the late 1950s through
1966 he worked for his father’s business, Whalen Engineering, performing maintenance to air-
conditioning compressors on the weekends for approximately 15-26 hours per week. Plaintiff
states that he would work on 8-10 compressors per day, depending on the compressors he was
working on because some were more difficult to tear down. Plaintiff states that 30% of the
compressors that Plaintiff worked on during this period were YORK brand compressors, and

15-20% were FRICK-brand compressors. Plaintiff states that the tear down process for both the

YORK and FRICK compressors consisted of washing, cleaning, and disassembling the

compressor in order to reach the malfunctioning component part(s), and scraping off existing
asbestos-containing gaskets on the unit every time he worked on a compressor. This took
plaintiff approximately 45 minutes to one hour per compressor, depending upon how difficult it
was to remove cach existing asbestos-containing gasket from the compressor. Plaintiff states
that each gasket that was stuck took 15 to 20 minutes (or more) each to remove. Plaintiff states
that 95% of compressors that he worked on had original manufacturer equipment in place,
including the asbestos-containing gaskets that he had to scrape off. Plaintiff knew this because
the compressors had not been previously rebuilt or repaired. Plaintiff states that he never wore
a respirator or any type of breathing equipment while performing this work at Whalen
Engineering.

Me

Kinjuncht 0615 pllldocay WORKIN gd 10 acu

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION’S MOTION FOR SUMMARY JUDGMENTCm rt nun Rw BD

10

22, Based on my asbestos training, education, and experience in the trades as an
insulator, and personal testing and review of the literature, and career in asbestos detection and
abatement, it is my opinion that the gaskets scraped and removed from YORK and FRICK
compressors, as described by CHARLES HUSBAND, more likely than not were asbestos-
containing materials,

23. Based on my asbestos training, education, and experience in the trades as an
insulator, and personal testing and review of the literature, and career in asbestos detection and
abatement, it is my opinion that the scraping of Durabla, Garlock and Johns-Manville gaskets
from beth YORK and FRICK compressors between the late 1950s and 1966, released respirable
asbestos fibers that CHARLES HUSBAND inhaled. This is especially so given that
Mr. HUSBAND did not wear a mask or any breathing protection when he performed this work
on YORK and FRICK compressors.

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

Executed on Sep 2G oil , at Trabuco Canyon,-California.
7

les Ay

KXinjurec 0521 iphsdcoy-VORKUK pd i JB

DECLARATION OF CHARLES AY IN SUPPORT OF PLAINTIFE’S OPPOSITION TO DEFENDANT YORK INTERNATIONAL
CORPORATION'S MOTION FOR SUMMARY JUDGMENTEXHIBIT A032918a PARA Ayn US ‘oretr
a ATTY se CLASS. HLE
1]) Steven M. Marden, State Bar No. 083703 RECEIVED
Walter C. Rundin, State Bar No. 072475
2}) Dean Pollack, State Bar No. 176440 OCT 2 0 1997
LARSON & BURNHAM
3 || A Professional Corporation BRAYTON HARLEY CtIeTIS
P.O. Box 119 HAND —_ OVERNIGHT ug siasli
4|| Caidand, Califomia 94604 ee -
Telephone: (510) 444-6800 _/
5]| Facsimile: (510) 835-6666
6]| Attomeys for Defendant
YORK INTERNATIONAL CORPORATION
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
9
10 || IN RE COMPLEX ASBESTOS No. 828684
LITIGATION
11 DEFENDANT YORK
INTERNATIONAL CORPORATION’S
12 RESPONSES TO PLAINTIFFS’
STANDARD INTERROGATORIES TO
13 ALL DEFENDANTS
(GENERAL ORDER NO. 129)
14
15
16), PROPOUNDING PARTY: Plaintiffs
17|| RESPONDING PARTY: Defendant YORK INTERNATIONAL CORPORATION
18 Pursuant to San Francisco Superior Court General Order No. 129, defendant York
19 || International Corporation (“York”) responds to Plaintiffs’ Standard Interrogatories To All
20 | Defendants, as follows: :
21 PREAMBLE
22 1 Defendant, York, bases these amended responses upon information presently
23 available. At present, defendant has not yet completed its discovery, its investigation, or its
24 || preparation for trial, any of which may yield further information which might be responsive to
25] this discovery request.
26 2. Defendant objects to any discovery requests which cal! for the disclosure of the
27 || attormey work product, or communications within the attorney-client privilege.
28 3. Although the allegations against York in the San Francisco Complex Asbestos
Lae mee 1
‘ponent pmaren1]| Litigation are rather general, it appears that plaintiffs are suing York in. regard to air conditioning
2]| units for marine or {ndustrial and commercial use. These responses are necessarily limited to
3] York's United States operations and those York divisions which may have manufactured or sold
4|| air conditioning units for marine, commercial or industrial uses.
5 RESPONSES TO GENERAL ORDER NO. 129 INTERROGATORIES
6 RESPONSE TO INTERROGATORY NO. 1: Wayne M. Naylor, York Intemational
7\| Corporation, P.O. Box 1592, York, PA 17405-1592.
& RESPONSE TO INTERROGATORY NO. 2: Mr. Naylor is Assistant Treasurer, York
9 | International Corporation. Mr. Naylor’s hire date was July 20, 1981. The titles he held during
10 || his tenure with York are as follows:
HW 1981-1984 — Auditor;
12 1984-1988 — Financial Analysis;
13 1988-1989 — Financial Analysis International;
14 1989-1991 — Manager Banking and Insurance;
1 1991-present ~ Assistant Treasurer, York International Corporation.
16 RESPONSE TO INTERROGATORY NO. 3: Yes.
7 A. York Intemational Corporation;
18 B. Delaware;
19 Cc. June 27, 1988;
20 dD 631 Richland Avenue, P.O. Box 1592, York, PA 17405-1592;
2 E. Yes, March 18, 1992;
22 F. Not applicable;
23 G. York’s various divisions maintain offices and plants throughout the state of
24 || California. .
25 RESPONSE TQ INTERROGATORY NO. 4: Yes.
26 RESPONSE TO INTERROGATORY NO. 5: York Intemational Corporation is
27) presently a publicly traded corporation. Its predecessors operated as York Manufacturing from
28} 1874 — 1927, became York Ice Machinery from 1927 - 1943, and became York Corporation
wei ee ,ecm a RA A hw NM

ns wPoNM eR NR mmm met
BNR RE BB EBS BBR ER EGR 2S

Le pera
Lanson & SURNAM
1 atin ence

from 1943 — 1956, was then bought and became the York Division of Borg-Warner from 1956 -
1983, Jn June of 1981, York-Luxaire Inc. was formed which became Borg-Warner Central
Environmental Systems Inc., (“BWCES”) in. December 1983 and in March 1986 changed its
name to Central Environmental Systems Inc. (“CES”), Borg-Wamer Air Conditioning Inc,
(“BWAC”) was formed from the York Division of Borg-Warner in December 1983 and operated
as such to December 1985, During that time, BWCES was a wholly owned subsidiary of
BWAC. In December 1985, BWAC changed its name to York International Corporation
(“YIC”) and in April 1986 was spun off by Borg-Wamer and became an independent, publicly
traded company. In December 1986, CES was merged into YIC and was operated as a division
of YIC, YIC operated independently until August 1988 when it was purchased, taken private,
and became a wholly owned subsidary of York Holding Corporation (“Holdings”). YIC
changed its name to York Operating Company in October 1991 and operated as such until
January 1992 when it was merged into the new YIC. Holdings became York International
Corporation in a name change in October 1991 when the company again became publicly traded.

RESPONSE TO INTERROGATORY NO, 6: Not applicable. -

RESPONSE TO INTERROGATORY NO. 7: Not applicable.

RESPONSE TO INTERROGATORY NO. 8: Not applicable.

RESPONSE TO INTERROGATORY NO. 9: Carol Thompson, Records Retention

Department, who may be reached through counsel for York.
RESPONSE TO INTERROGATORY NO. 10: Frank J. Ulimann, Esq., counsel for York

Intemational.

RESPONSE TO INTERROGATORY NO. 11: Upon information and belief, York and
its predecessors employed two individual physicians as facility medical doctors: Dr. Allen N.

Bracher and Dr, Hugh T. Knight. :
RESPONSE TO INTERROGATORY NO. 12: No.

RESPONSE TO INTERROGATORY NO. 13; Upen information and belief, York

believes that during the period of its existence, some of its employees may have been members

of the National Safety Council.ee RA A Be NH

RNR Ww RN By em
SR RS BRE BSE kRA RR EGR ES

28

Lenore ee
Lamson & sunsenast
A peornnen wnat

RESPONSE TO INTERROGATORY NO, 14: Please see response to Interrogatory No.

RESPONSE TO INTERROGATORY NO. 15: After diligent search and inquiry, York

has no record of receiving the documents referred to in this interrogatory.
SE TO INTE TORY NO. 16: After diligent search and inquiry, York
has no record of receiving the documents referred to in this interrogatory.
RESPONSE TO INTERROGATORY NO. 17: After diligent search and inquiry, York
has no record of receiving the documents referred to in this interrogatory.

RESPONSE TO INTERROGATORY NO. 18: York has not maintained a “formal or

informal library” dedicated to the subjects set forth in this interrogatory. However, documents
involving standards, engineering information and similar works have been on the premises of
York and owned and maintained by various employees of York.

RESPONSE TO INTERROGATORY NO. 19: After diligent search and inquiry, York
has no record of such events referred to in this interrogatory.

RESPONSE TO INTERROGATORY NO. 20: After diligent search and inquiry, York
has no record of such testimony referred to in this interrogatory.

RESPONSE TO INTERROGATORY NO. 21: York is aware that OSHA tests were

conducted at York facilities in York, Pennsylvania, in order to determine the exposure rate of
plant employees who are involved in cutting gaskets containing asbestos material. To the best of
York’s knowledge, any findings of airborne fibers were within acceptable limits,

RESPONSE T ERROGATORY NO, 22: No.

RESPONSE TO INTERROGATORY NO, 23: No.

RESPONSE TO INTERROGATORY NO, 24: To the best of York’s present knowledge

and belief, no.
RESPONSE TO INTERROGATORY NO. 25: No.
RESPONSE TO INTERROGATORY NO, 26: Please see attached Exhibit A (9 pages).
RESPONSE TO INTERROGATORY NO, 27: Upon information and belief, Frick,
Division of York International Corporation, 100 CV Avenue, Waynesboro, PA 17268-0997.

4-

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ke ea, ONO

-
ag

Lamson & auRnmas

Frick had been a competitor to York in the refrigeration business,

RESPONSE TO INTERROGATORY NO, 28: No.

RESPONSE TO INTERROGATORY NO. 29: Not applicable.
RESPONSE TO INTERROGATORY NO, 30: A-D, F-G, no; E, yes to the extent that

York sold air conditioning units which contained asbestos-containing gaskets and gasket

materials containing asbestos fibers encapsulated by an elastomeric binder which were
compressible, resilicnt, and generally had useful sealing characteristics. Those asbestos-
containing materials were manufactured and supplied to York by others.

SPONSEMOINTERROGAT,

ORYATOBST- To the best of York’s knowledge, York™#

teplacemelit gaskets tSWaniots custométs. York has not been able to locate records that

specifically supply the information concerning sales to entities or premises in the geographic
area, Pursuant to the record retention policies of York and Borg-Wamer, sales records for 1985 F
and before would have been destroyed, Investigation is continuing. __

oo
RESPONSE TO INTERROGATORY NO. 32: Not applicable.

RESPONSE TQ INTERROGATORY NO. 33: Not applicable.
RESPONSE TO INTERROGATORY NO. 34: To York’s best present knowledge and

belief, it does not have the information available to respond to this interrogatory.

RESPONSE TO INTERROGATORY NO. 35: No.
RESPONSE TQ INTERROGATORY NO. 36: Not applicable.

RESP E. OGATORY NO. 37: No.
RESPONSE TO INTERROGATORY NO. 38: York put its name on the equipment it

sold, but did not place its name on any of the gaskets.

RESPONSE TO INTERROGATORY NO. 39: Please see response to Interrogatory No.
27.

RESPONSE TO INTERROGATORY NO. 40: No.
RESPONSE TO INTERROGATORY NO.41: York’s technical literature concerns air

51]| conditioning and refrigeration equipment. The contents may include: descriptive information;
enginecring and application data; installation, service and maintenance instructions; and parts
lists. The publications which survive arc not organized in any single location, and are not in the
custody of a single department or individual. Discovery is continuing.

2
3
4
5] RESPONSE TO INTERROGATORY NO. 42: Yes.
é
7
8

RESPONSE TO INTERROGATORY NO. 43: York's Applied Systems Division and its

predecessors sold compressors, air conditioning and refrigeration equipment. That division
serviced and maintained its equipment and those of its competitors. Those service groups, in the
9°]. course of servicing and maintaining York equipment, may have also serviced gasket materials.
10 RESPONSE TO INTERROQGATORY NO. 44: Defendant became aware of the alleged
11 | association between asbestos exposure and human disease when the general public became

12 || aware of this association.

13 RESPONSE TO INTERROGATORY NO. 45: Defendant leamed of the alleged

14] association between asbestos exposure and disease from information available to the general
15] public.

16 RESPONSE TO INTERROGATORY NO. 46: Defendant does not believe such

17 |) documents exist, although discovery is continuing.

18 RESPONSE TO INTERROGATORY NO. 47: Unknown at this time, although this

19] information may be covered by OSHA regulations and recommendations of other governmental

20 {| agencies and/or entities.

21 PONSE TO INTE IATORY NO. 48: No.

22 RESPONSE TO £ AT NO. 49: No.

23 RESPONSE TO INTERROGATORY NO. 50: No.

24 RESPONSE TQ INTERROGATORY NO. 51: No.

25 RESPONSE TQ INTERROGATORY NO, 52: No.

26 RESPONSE TO INTERROGATORY NO. 53:

27 York sold its equipment to many entities outside the United States. At this time,

28 | defendant does not believe records exist which would provide information responsive to this

ss ora 6
Lanson & wunniaatinterrogatory. Discovery is continuing.
Counsel's signature below is solely for preserving objections and is not the signature of a
party, officer or agent under Code of Civil Procedure section 2030(g).

DATED: October /é, 1997 LARSON & BURNHAM

WALTER C. RUNDIN

Attomeys for Defendant
YORK INTERNATIONAL CORPORATION

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Lamson & mumoian
AncmrnaceeertncnOCT-16-1997 16726 YORK INTERNATIONAL 717 C71 7448 P0370

VERIFICATION

I, Wayne M. Naylor, am an authorized officer or agent of York International
Corporation, a party to this action, and am authorized to make this Verification for and on
its behalf, the matters stated in Defendant York Intemational Corporation’s Responses to
Plaintiffs’ Standard Interrogatories to All Defendants are not all within my personal
knowledge, but the facts stated therein have been assembled by authorized employees
and counsel of York International Corporation, and 1 am informed and believe that the
facts stated therein are trie.

“1 declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct, and that this was executed on & Loleas /@_,\997,
at York, Pennsylvania.
Dip ZEEE —
Wayne M. Naylor,

Assistant Treasurer of York
Intemational Corporation

Re: In Re Comptex Asbestos Litigation
San Francisco Superior Court Action No. 828684

FARO BASSES

TOAL °.03G-i-58 ta F-1i-6L

O16] to RR l]et4

Gl-€4 to S15

1-65 to 1-69
Rees

© IH1-57 ta plese

# leleS7 ta 91-58

= lei-57 to 9-1-S8

2 $1958 to 10-31-61

w Ltel-61 to 164

ow l-€4 ta 9-147

9-21-67 to lo-1~69

160 pes /1e0, p00.
190,000/2,000 BI: 1000,0¢¢ PD

200 ,000/300/300 BI: 100,000/100 ~
ro

100,000/200/300 EX; 1o0,000/100
Fo

Tomtom Lloyds
1,000,000 aggrugata, exess cf
Us prisary

1,000,000 argreyate, excess cf
2K, primary & ist excess

2,900,000 agoragate, excess of
primary, ist & 2nd ezness

19,000,000 excess of $25,000 or
primary coverage

10,000,000 excess of primary
Royal Indemnity
20,000,000 excess of primasy

20,000,000 excess of primary

Exhibit A

FEG os0ese
Fig ogc20e—

Rta 990201
Rig 090204

HG eeczos

CSTAS2S § #505207
C6I4825 & KECE208
CB14527 & SECS209
552/797a9, 90, $1

352/61087, 63, 8S

RLA Lo0070

FEA 100645

Prae 1 of FRepess
_ SOL-87 te 10-1659

DOel-69 to ld-l-70

183-70 to Lowdn73

fb FRAn7L to HH iH-74
791968 to 91-71
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. qeie6a to fele72
» THi-6a to S-1«71
= 71-68 to He 1L-TL
» PUA-Th to 1672
w Tele6a to Tel971
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F1-73 to 1-74

Srl-74 to HR I~TS

Lts: ise/30ossec &
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Royal Indemnity
Les: 209,000,000 «xcars of
pctoary

Comtinartal Imnmaince Co...
Ute: 54 emcees of primary
Ler bene “oN

10M excess of Continental
Case HAT

continental Insurance Co.
Lts: THOM excess of primary
Joezican Boma

bts: SM wees of 20%

Amecican RO
Les: 3M excess of 254

Continental casualty
Lite: 5K excess of 2&4

Hane Inmttanoe Co.

Lt: 30M excess of 334
Lexington Insurance to.
Lts: 2M weoeen of 43K

Laxingten Insarence Go.
Lts: 2.8M extess of 43K

LoendenmLioyds
Les: SM excets of 454

TLendomLisgis
Lta: 4.2M excess of 45%

Bome Snvmsse Oo.
Its: $0,000,000 exmexs

tmigasd Inmcrance Co.
Lis: 50,000,000 exness

Exhibit A

REA 100645

31176232885

ca7s6

A2hr6332935
cessss72

as pr REE

Re X-osEOk- AE BE
Rouméose73798

HECSSS587006
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2-21-77 to 1-19-78

Anl~78 to tele79

Lia:

300/500 BI: 100/00 7
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Tes: 1oK

Northnreak

Dts: 404 «cones of 10M

Lieyds
Lts: 25M execs of SoH

Imperial

Ltsi SH exeess of primary

Northbrrak

Lts: 14H exmeas of £4

Fationsi tnien

=H excess past of 11K
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First State

€M part of LIM extess of 19H

slic

(Lescinesten .

OQitional tnicn

(Columbia Cammalty

SM part ef 20M exness of amr

Imperial

its: SM exmens of primey
Northbrook

Tts: SM excess of 5H
{First State

tational trier:

ts: SM pert of 10M exmess of
20K

Lia: SM pert ef 20K excess of
30H

Exhibit A

OGRLLISLISSCA

DL2902

E2001 166
UHL 0463

UL 2012
S20C27EE

4223885
923457

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30K excecs cf SH

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{American Excess

SM part of 20M excess of 254

Sransit ces.
29¢M past of 30H

(First state
(slic
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£

Lexington
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Eeoass of 450

Transit Casualty

1OM part of 30M exes of 45h
(laxiogten

(First grate

(istic

ational Thien

SM part of 30¢ excess of 454

Exhibit A

ROCBBESTAS
63003913

926207

xSi suit
2226494
BULSCo2675

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#28108
*Si 4163
1226506
SSi2s1s

FOV 3653746
62006327

$2616

X51 6126
1226422
BULSO04101

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S5i2s73
326117

=S16127
1226433

Page 4H or 9FYiest State .
St part of 20M excess of 2m

International @orplua Lines
Ins. &.
SM part cf 20K exnexs of 25%

Pmerican Excess
SY part of 20¢ excess of 25

Naticnal trier
4 part of 20M exness of 254

Transit Casualty Cameary
10% part of ISM excess of 45¢

Lexington

SM part of 30K excess of 454

International survlus Lines
Ing. Co.

SM part of 3