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  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview 
						
                                
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                                LLP

KNOX RICKSEN

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Kenneth J. McCarthy - SBN 120875
Gregory D. Pike - SBN 124847

KNOX RICKSEN LLP ELECTRONICALLY
1300 Clay Street, Suite 500
Oakland, CA 94612-1427 sopeh tilt ED
Tecmo (aa aa

. JUL 19 2010
Attorneys for Defendant Clerk of the Court
BIGGE CRANE AND RIGGING CO. BY: JUDITH NUNEZ

Deputy Clerk

SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN FRANCISCO

LAURANCE HAGEN, No. CGC-10-275582
Plaintiff, ANSWER OF BIGGE CRANE AND
RIGGING CO. TO COMPLAINT FOR.
v. PERSONAL INJURY- ASBESTOS

ASBESTOS DEFENDANTS (BP). et al.,

Defendants,

Now comes BIGGE CRANE AND RIGGING CO., and files this its answer to the
complaint on file in the above-entitled action and answers and denies as follows:

Denies each and every, all and singular, the allegations contained therein and each
and every part thereof, and specifically denies that plaintiff has been damaged in any sum
whatsoever and/or at all.

AS FOR A FIRST SEPARATE AND AFFIRMATIVE DEFENSE TO THE
COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
ACTION THEREOF, this answering defendant alleges that the plaintiff was careless and negligent
in and about the matters alleged in the complaint, and that said carelessness and negligence on the
part of plaintiff proximately contributed to the happenings of the incident and to the injuries, loss,
and damages complained of, if any there were.

AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE

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OF ACTION THEREOF, this answering defendant alleges that plaintiff voluntarily and knowingly
assumed all of the risks incident to said operations, acts, and conduct at the time and place
mentioned in said complaint.

AS AND FOR A THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
ACTION THEREOF, this answering defendant alleges that the product in question was properly
designed and manufactured and was fit for the purpose intended; that said product was improperly
maintained and used and was abused, resulting in plaintiffs damages, if any there were.

AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
OF ACTION THEREOF, this answering defendant alleges that said complaint, and each of said
alleged causes of action thereof, is barred by the provisions of the Code of Civil Procedure, Section
335.1, and Section 340.2.

AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
ACTION THEREOF, this answering defendant alleges that the products in question were used
improperly and this improper use proximately caused the incident and injuries, loss, and damages
complained of, if any there were.

AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
ACTION THEREOF, this answering defendant alleges that plaintiff's complaint does not state facts
sufficient to constitute a cause of action against this answering defendant.

AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
OF ACTION THEREOF, this answering defendant alleges that, while at all times denying any
liability or obligation whatsoever to the plaintiff herein, its products were manufactured, produced,

supplied, sold, and distributed in a manner which conformed with specifications promulgated by the

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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOSLLP

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United States Government under its war powers as set forth in the United States Constitution, and
that any recovery by plaintiffs herein is thus barred by said sovereign acts and powers.

AS AND FOR AN EIGHTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
OF ACTION THEREOF, this answering defendant alleges that the asbestos products, if any, for
which it had any legal responsibility were manufactured, packaged, distributed, or sold in
accordance with contract specifications imposed by its co-defendants, by plaintiff's employers, or
by third parties yet to be identified.

AS AND FOR A NINTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
ACTION THEREOF, this answering defendant alleges that no conduct by or attributable to it was
the cause in fact or the proximate cause of the damages, if any, suffered by plaintiff, nor a
substantial factor in bringing about said damages.

AS AND FOR A TENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
ACTION THEREOF, this answering defendant alleges that at the time of the injuries alleged in the
complaint, plaintiff was employed and was entitled to receive Workers’ Compensation benefits
from plaintiffs employers, that said employers were negligent in and about the matters referred to in
said complaint, and that such negligence on the part of said employers proximately and concurrently

contributed to the happening of the accident and to the loss or damage complained of by plaintiff, if

any there were; and that by reason thereof defendant is entitled to set off any such benefits to be
received by plaintiff against any judgment which may be rendered in favor of plaintiff.

AS AND FOR AN ELEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY
CAUSE OF ACTION THEREOF, this answering defendant alleges that at the time of the injuries

alleged in the complaint, plaintiffs employers were negligent in and about the matters referred to in

said complaint, and that such negligence on the part of said employers proximately and concurrently

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contributed to any loss or damage, including non-economic damages, complained of by plaintiff, if
any there were any, and that defendant is not liable for said employers’ proportionate share of non-
economic damages.

AS AND FOR A TWELFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
OF ACTION THEREOF, this answering defendant alleges that at the time of the injuries alleged in
the complaint, parties other than this defendant were negligent in and about the matters referred to
in said complaint, and that such negligence on the part of said parties proximately and concurrently
contributed to any loss or damage, including non-economic damages, complained of by plaintiff, if
any there were; and that defendant herein shall not be liable for said parties' proportionate share of
non-economic damages,

AS AND FOR A THIRTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY
CAUSE OF ACTION THEREOF, this answering defendant alleges that at all times relative to
matters alleged in the complaint, all of plaintiffs employers were sophisticated users of asbestos-
containing products and said employers’ negligence in providing the product to its employees in a
negligent, careless and reckless manner was a superseding intervening cause of plaintiff's injuries, if
any there were.

AS AND FOR A FOURTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY
CAUSE OF ACTION THEREOF, this answering defendant alleges plaintiff is barred from recovery
tn that all products produced by defendant were in conformity with the existing state-of-the-art, and
as a result, these products were not defective in any manner.

AS AND FOR A FIFTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
OF ACTION THEREOF, this answering defendant alleges that plaintiff fails to state facts sufficient

to constitute a cause of action upon which punitive damages may be awarded as against this

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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOSLLP

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answering defendant.
AS AND FOR A SIXTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
OF ACTION THEREOF, this answering defendant alleges that the court lacks subject matter
jurisdiction over the matters alleged in the Complaint because the Complaint and each alleged cause
of action against defendant is barred by the “Exclusive Remedy” provisions of California Labor
Code Section 3601, et seq.
AS AND FOR A SEVENTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
OF ACTION THEREOF, this answering defendant reserves the right to amend its answer, including

the addition of affirmative defenses after pleading and discovery in preparation for trial,

WHEREFORE, said defendant prays for judgment for its costs of suit.

DATED: July 19, 2010 KNOX RICKSEN LLP

By:_/s/ Gregory D, Pike

Gregory D. Pike

Attorneys for Defendant

BIGGE CRANE AND RIGGING CO.

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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOSLLP

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Re: Hagen v. Asbestos Defendants (BP), et al.
San Francisco Superior Court No. CGC-10-275582

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

I, the undersigned, declare: that I am and was at the time of service of the documents herein referred

to, over the age of 18 years, and not a party to the action; and I am employed in the County of
Alameda, California. My business address is 1300 Clay Street, Suite 500, Oakland, California
94612-1427.

On the date executed below, 1 electronically served the document(s) via LexisNexis File & Serve
described as:

BIGGE CRANE AND RIGGING CO.’S ANSWER TO COMPLAINT FOR PERSONAL
INJURY— ASBESTOS

on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve
website. | declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is true and correct and was executed on July 19, 2010, at Oakland, California.

/s/ Nicholas J, Bertolino
Nicholas J, Bertolino

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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS