On June 02, 2010 a Answer was filed involving a dispute between Hagen, Laurance, and 3M Company, 4520 Corp., Inc.,, A & A Mechanical Contractors Inc., A & A Sheet Metal, Aberthaw Construction Company, Acco Engineered Systems, Inc., A.E. Knowles Corporation, Aire Sheet Metal Inc., Air Systems Mechanical Contractor, A.J. Peters & Son, Aladdin Heating Corporation, Albay Construction Company, Allied Painters, Inc., Allied Sprinkler Company, Inc., Anderson, Rowe & Buckley, Inc., Applied Support Systems, Inc., A.R.B. Mechanical, Armaral Plumbing, Associated Insulation Of California, Atlas Heating And Ventilating Company, Ltd., Bailey Plumbing, Heating & Sheet Metal, Barnes Construction Co., Bay Cities Crane And Rigging, Inc., Bayer Cropscience Inc., Bayer Cropscience, Inc.,, B H P Minerals International, Inc., Bigge Crane And Rigging Co., Bragg Investment Company, Inc., B.T. Mancini Co., Inc., Buttner Corp., Cahill Contractors, Inc., Carrier Corporation, Cbs Corporation, A Delaware Corporation, Fka, Cbs Corporation (F K A Viacom Inc., F K A, C.C. Moore & Co. Engineers, Certainteed Corporation, Chevron U.S.A. Inc., Chicago Bridge & Iron Company, Chicago Bridge & Iron Company,, Cleaver-Brooks, Inc., Coastal West Ventures, Inc., Commair Mechanical Services, Conocophillips Company, Consolidated Insulation, Inc., Cooper Brothers, Inc., Corey Contractors, Cosco Fire Protection, Inc., Coscol Petroleum Corporation, Coscol Petroleum Corporation Erroneously Named And, Crane Co., Crowley Plumbing, Crown Cork & Seal Company, Inc., C & R Plastering, Inc., Cupertino Electric, Inc., Dana Companies, Llc, Devcon Construction, Inc., Dillingham Construction, N.A., Inc., Does 1-8500, Domco Products Texas Inc. Erroneously Sued, Domco Products Texas, L.P., Dome Construction Corporation, Douglass Insulation Company, Inc., D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Early Engineering Corporation, Incorporated, East Bay Sheet Metal Works, East Bay Sheet Metal Works, A Dissolved Corp., E.C. Braun Company, Inc., Emerick Sheet Metal Co., Emil J. Weber Electric Co., E. Mitchell, Inc., Enterprise Plumbing, Inc., Erwin Mechanical Inc., Ex- Fm, Inc. (Fka Fischbach And Moore Electric,, Exxon Mobil Corporation, Faye Plumbing, Fdcc California, Inc., Finzel Plumbing Company, Fischbach And Moore, Incorporated, Nka Ex-Fm, Inc., Fluor Corporation, Foley-Pmi, Inc., Foster Wheeler Llc, Foster Wheeler Llc (Fka Foster Wheeler, F.P. Lathrop Construction Company, F.P. Lathrop Construction Company,, Frank Bonetti Plumbing, Inc., Frederick Meiswinkel, Inc., F.W. Spencer & Son, Inc., Garlock Sealing Technologies, Llc, General Cable Corporation, General Electric Company, George F. Schuler, Inc., George M Robinson & Co., George Townsend & Associates, George Wilson Company, Inc., Georgia-Pacific Corporation, Georgia-Pacific Llc, Giampolini & Co., Golden Gate Drywall, Inc., Granite Rock Company, Grinnell Corporation, Grinnell Llc,, Haas And Haynie Corporation, Haas & Haynie Corporation, Hamilton Materials, Inc., Hansen Plumbing And Heating, Hanson Permanente Cement, Inc. Formerly Known As, Harry Lee Plumbing & Heating, H.B. Fuller Company, H & C Investment Associates, Inc., Hensel Phelps Construction Co, Hensel Phelps Construction Co., Herrick Iron Works, Honeywell International, Inc., Honeywell International Inc., Fka Alliedsignal,, Hopeman Brothers, Inc., H.T.R. Enterprises, Inc., Ingersoll-Rand Company, Jacobs Constructors, Inc., James A. Nelson Co., Inc., James Nelson, Johnson Controls, Inc., J.R. Simplot Company, J.T. Thorpe, Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Kentile Floors, Inc., Kent M. Lim & Company, Inc., Kinetic Systems, Inc., Kramer Acoustics, Laub Sheet Metal Works, Leonard Construction Company, Lewis Air & Refrigeration, L.J. Kruse Company, Macarthur Company, Madlem Mechanical, Inc., Marcal Associates, Ltd., Marconi Plastering Company, Inc., Marina Heating & Air Conditioning, Marina Plumbing Company, Mauch Sheet Metal, Mayta & Jensen, Mcguire & Hester Corporation, Mckeon Construction, Mcmillan Brothers Electric, Inc., Metropolitan Life Insurance Company, Monterey Mechanical Company, Norcal Scaffolding, N. P. I. Corporation, N.V. Heathorn, Inc., Oakfabco, Inc., Ocean Shore Iron Works, O.C. Mcdonald Co., Inc., O H I Company, Inc., Oscar E. Erickson, Inc., Owens-Illinois, Inc., Owens Mckeon Construction, Pacific Coast Builders, Pacific Gas & Electric Company, Pacific Mechanical Corporation, Parker-Hannifin Corporation, Parsons Infrastructure & Technology Group Inc., Peerless Stucco Co., Perini Corporation, Perini Land And Development Company, Peter Kiewit Sons, Inc., Peter Lim Construction, Pierce Enterprises, Pierce Lathing Company Dba Pierce Enterprises, Power Refrigeration Company, Powers Process Controls, Quality Air Conditioning, Inc., Quintec Industries, Inc., Raphael Company, Raymond Interior Systems-North, Ray Oil Burner Co., A Dissolved Corporation,, Ray Oil Burner Company, Inc., Republic Supply Company, Rmc Pacific Materials, Inc., Robertshaw Controls Company, Rodoni Becker, Rosendahl Corporation, Rountree Plumbing & Heating Inc., Rudolph And Sletten, Inc., Santa Fe Braun, Inc. As Successor-In-Interest To, Schneider Electric Usa, Inc. (Fka Square D, Scott Co. Of California, Scott Norman Mechanical Company, Scott Technologies, Inc., Sequoia Ventures Inc., S F L, Inc., Shell Oil Company, Sierra Pacific Industries, S.J. Amoroso Construction Co., Inc., Stanford Plumbing, Stolte Inc., Sugden Engineering Co., Swinerton Builders, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The Jack Dymond Company, The Linford Company, Therma Corporation, Therma Mechanical, Thermon Manufacturing Co., Thomas Air & Refrigeration Inc., Thomas Dee Engineering Company, Timec Company, Inc., Tosco Corporation, Tosco Corporation Erroneously Sued And Served As, Trane U.S., Inc., Erroneously Sued As Trane U.S.,, Trane Us, Inc. Fka American Standard, Inc., Turner Construction Company, Tutor-Saliba Corporation, Union Oil Company Of California, University Mechanical And Engineering Contractors,, Valley Sheet Metal, Van-Mulder Sheet Metal, Inc., Vogel & Associates, Walnut Creek Sheet Metal, Furnace & Air, Washington Group International, Inc., Western Allied Corporation, Western Asbestos Company, Western Insulation, Inc., Western Macarthur Company, Western Plumbing & Heating Co., Inc., W.G. Thompson, Inc., Wheatley-Jacobsen, Inc., Williams & Burrows, Inc., Wilson Construction Company, W.L. Hickey Sons, Inc., Wright Schuchart Harbor, Wright Schuchart Harbor Company, Yamas Controls Group Inc., Zurn Industries, Llc, for ASBESTOS in the District Court of San Francisco County.
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ARMSTRONG & ASSOCIATES, LLP William H. Armstrong, SBN 40650 Lisa A. Sapcoe, SBN 224799 One Kaiser Plaza, Suite 625 Oakland, California 94612 Telephone: (510) 433-1830 Facsimile: (510) 433-1836 Attomeys for Defendant Exxon Mobil Corporation ELECTRONICALLY FILED Superior Court of California, County of San Francisco AUG 06 2010 Clerk of the Court BY: ALISON AGBAY Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION LAURENCE HAGEN, Plaintiff, Vs. ASSOCIATED INSULATION OF CALIFORNIA, et al., Defendants. No. CGC-10-275582 DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFE’S COMPLAINT FOR PERSONAL INJURY - ASBESTOS Action Filed: June 2, 2010 THIS CASE IS SUBJECT TO MANDATORY ELECTRONIC FILING PURSUANT TO AMENDED G.O. 158 Answering the unverified Complaint for Personal Injury, filed by Plaintiff Laurence Hagen, Defendant Exxon Mobil Corporation (“ExxonMobil”), generally denies the allegations of each and every cause of action to the extent such allegations relate to it, and/or its predecessors or successors, and further denies that Plaintiff Laurence Hagen has been damaged in the sums alleged, or in any other sum, or at all. To the extent such allegations relate to others, except for Crown Cork & Seal Company, Inc. and ExxonMobil entities, ExxonMobil admits such allegations. DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFF'S COMPLAINT FOR PERSONAL INJURY — ASBESTOSFIRST AFFIRMATIVE DEFENSE The Complaint, and each of its causes of action, fails to state facts sufficient to constitute a cause of action against ExxonMobil, SECOND AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s alleged injuries, losses, or damages, if and to the extent they occurred, were aggravated by his failure to use reasonable diligence to mitigate them. THIRD AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s alleged injuries, losses or damages, if and to the extent they occurred, which occurrence is expressly denied, were solely caused or contributed to by his own recklessness, carelessness, and/or negligence. If Plaintiff Laurence Hagen recovers from ExxonMobil, it must be reduced by Plaintiff's comparative fault. FOURTH AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s claims are barred by the applicable statutes of limitations, including California Code of Civil Procedure section 340.2, or by the doctrine of laches, or both. FIFTH AFFIRMATIVE DEFENSE The injuries and damages alleged in the Complaint, if any, were the direct and proximate result of the unforeseeable misuse and/or modification of products by Plaintiff Laurence Hagen, his co-workers and/or his employers. SIXTH AFFIRMATIVE DEFENSE To the extent that Plaintiff Laurence Hagen’s alleged injuries and damages are asserted to result from an alleged employment relationship with ExxonMobil, Plaintiff's claims are barred by the exclusivity provisions of the California Labor Code. fil fil i/t 2 DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFF'S COMPLAINT FOR PERSONAL INJURY — ASBESTOSSEVENTH AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s injuries and damages alleged in the Complaint, if and to the extent they occurred, which occurrence is expressly denied, were solely caused and/or contributed to by the faults of third parties for which ExxonMobil is not responsible. EIGUTH AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s claims are barred by the applicable principles of waiver and estoppel. NINTH AFFIRMATIVE DEFENSE ExxonMobil alleges that the risk of exposure to asbestos-containing products was inherent in Plaintiff Laurence Hagen’s trade and work and, under the doctrine of primary assumption of risk, Plaintiff may not recover for harm caused by such inherent risk, TENTH AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s alleged illnesses and injuries, if and to the extent they occurred, which occurrence is expressly denied, were solely caused and/or contributed to, in whole or in part, by the negligence of Plaintiff; and to the extent that Plaintiff Laurence Hagen has received or in the future will receive, worker’s compensation benefits for such illnesses and/or injuries, ExxonMobil is entitled to a comparative reduction in any economic damages sought by Plaintiff or recovered by him in this action. ELEVENTH AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s claims are barred by the provisions of California Code of Civil Procedure section 430.10 and/or the primary right doctrine, to the extent there is or was another action pending between the same parties on the same causes of action. TWELFTH AFFIRMATIVE DEFENSE The Complaint fails to state facts sufficient to base any claim for non-economic damages because it fails to allege the portion of such damages, if any, that Plaintiff Laurence Hagen attributes to ExxonMobil as required by California Civil Code section 1431.2. DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFF'S COMPLAINT FOR PERSONAL INJURY — ASBESTOSTHIRTEENTH AFFIRMATIVE DEFENSE ExxonMobil is informed and believes, and thereon alleges, that Plaintiff Laurence Hagen has released, settled, entered into an accord and satisfaction or otherwise compromised his claims, and accordingly, said claims are barred by operation of law. Alternatively, Plaintiff has accepted compensation as partial settlement of those claims for which ExxonMobil is entitled to a set-off. FOURTEENTH AFFIRMATIVE DEFENSE ExxonMobil alleges that, at all times relative to matters alleged in Plaintiff Laurence Hagen’s Complaint, all of the employers of Plaintiff were sophisticated users of asbestos and asbestos-containing products and said employers’ negligence in exposing its employees to asbestos and asbestos-containing products in a careless, negligent, and reckless manner was a superseding intervening cause of Plaintiff's alleged damages. FIFTEENTH AFFIRMATIVE DEFENSE ExxonMobil was under no legal duty to warn Plaintiff Laurence Hagen of the potential hazards associated with the use of products containing asbestos. ExxonMobil further alleges that the employers of Plaintiff Laurence Hagen: any general contractor(s) and/or subcontractors) on site during his employment; the International Heat & Frost Insulators and Asbestos Workers Local Union No. 16; and/or certain third parties yet to be identified, were knowledgeable and were sophisticated users, who were in a better position than ExxonMobil to warn Plaintiff of the risks associated with handling products containing asbestos. Plaintiff Laurence Hagen, his employers, and the International Heat & Frost Insulators and Asbestos Workers Local Union No. 16, definitely knew or should have known of the California Industrial Safety Orders and/or the federal OSHA or Cal-OSHA or other applicable state’s standards relating to asbestos, and the precautions necessary to employ when working around asbestos or products that might contain asbestos. Assuming (without admitting) that a warning was 4 DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFF'S COMPLAINT FOR PERSONAL INJURY — ASBESTOSrequired, it was the failure of such persons or entities to give such a warning that was the proximate and superseding cause of Plaintiff's damages, if any. SIXTEENTH AFFIRMATIVE DEFENSE Plaintiff Laurence Hagen’s claim for punitive damages violates ExxonMobil’s tight to due process and equal protection as guaranteed by the Fourteenth Amendment to the United States Constitution and Article I, Section 7, of the California Constitution in that: (1) neither California Civil Code section 3294 nor any other provision of California or federal law provides an adequate or meaningful standard for determining the nature of the conduct upon. which an award of punitive damages may be based or for determining or reviewing the amount of a punitive damage award; and (2) neither California Civil Code section 3294, nor any other provision of California or federal law provides adequate procedural safeguards for the imposition of punitive damages, including, but not limited to: (a) imposing such damages only upon the presentation of evidence beyond a reasonable doubt; (b) protecting the defendant's privilege against self-incrimination; and (c) providing for a unanimous jury verdict as to the punitive damages portion of any adverse judgment. fil fil fil fil Vil dil fil fil dil DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFF'S COMPLAINT FOR PERSONAL INJURY — ASBESTOSWHEREFORE, Defendant ExxonMobil prays judgment that Plaintiff Laurence Hagen takes nothing by reason of the Complaint, that Plaintiff’s Complaint be dismissed against ExxonMobil with prejudice, that ExxonMobil recovers its costs of suit, and for such other relief as the Court deems proper. DATED: August 6, 2010. ARMSTRONG & ASSOCIATES, LLP By: /s/ Lisa A. Sapcoe Lisa A. Sapcoe, SBN 224799 One Kaiser Plaza, Suite 625 Oakland, California 94612 Telephone: (510) 433-1830 Facsimile: (510) 433-1836 Attorneys for Defendant Exxon Mobil Corporation 6 DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFF'S COMPLAINT FOR PERSONAL INJURY — ASBESTOSPROOF OF SERVICE BY ELECTRONIC TRANSMISSION Laurence Hagen vs. Associated Insulation of California, et al. San Francisco Superior Court, Civil Action Number CGC-10-275582 1, Beth Self, declare that | am, and was at the time of service of the document herein referred to, over 18 years of age, not a party to this action and a citizen of the United States. Lam employed in the County of Alameda, California by Armstrong & Associates, LLP and my work email address is beth.self@armstrongetal.com and my work mailing address is One Kaiser Plaza, Suite 625, Oakland, California 94612. On August 6, 2010, | electronically served the following document by LexisNexis File & Serve: DEFENDANT EXXON MOBIL CORPORATION’S ANSWER TO PLAINTIFF’S COMPLAINT FOR PERSONAL INJURY — ASBESTOS I served the recipients designated on the Transaction Receipt located on the LexisNexis File & Service website. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on August 6, 2010, at Oakland, California. /s/ Beth D, Self. Beth D. Self PROOF OF SERVICE BY ELECTRONIC TRANSMISSION