On March 02, 2009 a
Answer
was filed
involving a dispute between
Husband, Charles,
and
Albay Construction Company,
All Asbestos Defendants See Scanned Documents,
American Conference Of Governmental Industrial,
Asbestos Defendants,
Asbestos Manufacturing Company,
Auto Friction Corporation,
Auto Specialties Manufacturing Company,
Bell Asbestos Mines Ltd.,
Bigge Crane And Rigging Co.,
Borgwarner Morse Tec, Inc.,
Brassbestos Brake Lining Company,
Bridgestone Firestone North American Tire, Llc,
Bucyrus International Inc,
Carone Brothers, Inc.,
Cbs Corporation,,
Certainteed Corporation,
Chicago Bridge & Iron Company,,
Cleaver-Brooks, Inc.,
Conocophillips Company,
Csk Auto, Inc.,
Daimlerchrysler Corporation,
Daimlerchrysler Corporation (And Not The Claims,
Dillingham Construction, N.A., Inc.,
Does 1-8500,
Emsco Asbestos Company,
Fibre & Metal Products Company,
Forcee Manufacturing Corporation,
Garlock Sealing Technologies Llc,
Gatke Corporation,
Georgia-Pacific Corporation,
Georgia-Pacific Llc,,
Hamilton Materials, Inc,
Hanson Permanente Cement, Inc. Fka Kaiser Cement,
H. Krasne Manufacturing Company,
Honeywell International Inc.,,
Ingersoll-Rand Company,
J.T. Thorpe & Son, Inc.,
Kaiser Gypsum Company, Inc.,
Lasco Brake Products,
Lear Siegler Diversified Holdings Corp.,
L.J. Miley Company,
Maremont Corporation,
Marine Engineering And Supply Company,
Metropolitan Life Insurance Company,
Molded Industrial Friction Corporation,
Morton International, Inc.,
National Transport Supply, Inc.,
Owens-Illinois, Inc.,
Pacific Gas And Electric Company,
Parker Hannifin Corporation,
Plant Insulation Company,
Pneumo Abex Llc,
Quintec Industries, Inc.,
Riteset Manufacturing Company,
Rossendale-Ruboil Company,
Santa Fe Braun, Inc. As Successor-In-Interest To,
Shell Oil Company,
Silver Line Products, Inc.,
Southern Friction Materials Company,
Standard Motor Products, Inc.,
Standco, Inc.,
Stuart-Western, Inc.,
Temporary Plant Cleaners, Inc.,
The Budd Company,
Thomas Dee Engineering Company,
Underwriters Laboratories, Inc.,
Union Carbide Corporation,
Universal Friction Materials Company,
U.S. Spring & Bumper Company,
Wheeling Brake Block Manufacturing Company,
York International Corporation,
for civil
in the District Court of San Francisco County.
Preview
Kenneth J. McCarthy - SBN 120875
Gregory D. Pike - SBN 124847
KNOX RICKSEN LLP ELECTRONICALLY
1300 Clay Street, Suite 500
Oakland, CA 94612-1427 FILED
Superior Court of California,
Telephone: (510) 285-2500 County of San Francisco
Facsimile: (510) 285-2505
OCT 20 2010
Attorneys for Defendant Clerk of the Court
BY: EDNALEEN JAVIER
BIGGE CRANE AND RIGGING CO.
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN FRANCISCO
10 CHARLES HUSBAND, No. CGC-09-275098
11 Plaintiff, ANSWER OF BIGGE CRANE AND
RIGGING CO. TO COMPLAINT FOR
12 v PERSONAL INJURY- ASBESTOS
13 ASBESTOS DEFENDANTS (BP). et al.,
14 Defendants,
15
Now comes BIGGE CRANE AND RIGGING CO., and files this its answer to the
16
complaint on file in the above-entitled action and answers and denies as follows:
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Denies each and every, all and singular, the allegations contained therein and each
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and every part thereof, and specifically denies that plaintiff has been damaged in any sum
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whatsoever and/or at all.
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AS FOR A FIRST SEPARATE AND AFFIRMATIVE DEFENSE TO THE
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COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
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ACTION THEREOF, this answering defendant alleges that the plaintiff was careless and negligent
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in and about the matters alleged in the complaint, and that said carelessness and negligence on the
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part of plaintiff proximately contributed to the happenings of the incident and to the injuries, loss,
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and damages complained of, if any there were.
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AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE TO
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THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS
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 plaintiff's damages, if any there were,
AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
10 THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
11 OF ACTION THEREOF, this answering defendant alleges that said complaint, and each of said
12 alleged causes of action thereof, is barred by the provisions of the Code of Civil Procedure, Section
13 335.1, and Section 340.2.
ee
nS 14 AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
15 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
16 ACTION THEREOF, this answering defendant alleges that the products in question were used
17 improperly and this improper use proximately caused the incident and injuries, loss, and damages
18 complained of, if any there were.
19 AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
20 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
21 ACTION THEREOF, this answering defendant alleges that plaintiff's complaint does not state facts
22 sufficient to constitute a cause of action against this answering defendant.
23 AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
24 THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
25 OF ACTION THEREOF, this answering defendant alleges that, while at all times denying any
26 liability or obligation whatsoever to the plaintiff herein, its products were manufactured, produced,
27 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-ASBESTOS
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
10 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
11 ACTION THEREOF, this answering defendant alleges that no conduct by or attributable to it was
12 the cause in fact or the proximate cause of the damages, if any, suffered by plaintiff, nor a
13 substantial factor in bringing about said damages.
ee
nS 14 AS AND FOR A TENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE
15 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF
16 ACTION THEREOF, this answering defendant alleges that at the time of the injuries alleged in the
17 complaint, plaintiff was employed and was entitled to receive Workers’ Compensation benefits
18 from plaintiffs employers, that said employers were negligent in and about the matters referred to in
19 said complaint, and that such negligence on the part of said employers proximately and concurrently
20 contributed to the happening of the accident and to the loss or damage complained of by plaintiff, if
21 any there were; and that by reason thereof defendant is entitled to set off any such benefits to be
22 received by plaintiff against any judgment which may be rendered in favor of plaintiff.
23 AS AND FOR AN ELEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
24 TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY
25 CAUSE OF ACTION THEREOF, this answering defendant alleges that at the time of the injuries
26 alleged in the complaint, plaintiffs employers were negligent in and about the matters referred to in
27 said complaint, and that such negligence on the part of said employers proximately and concurrently
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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS
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
10 any there were; and that defendant herein shall not be liable for said parties' proportionate share of
11 non-economic damages,
12 AS AND FOR A THIRTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
13 TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY
ee
nS 14 CAUSE OF ACTION THEREOF, this answering defendant alleges that at all times relative to
15 matters alleged in the complaint, all of plaintiffs employers were sophisticated users of asbestos-
16 containing products and said employers’ negligence in providing the product to its employees in a
17 negligent, careless and reckless manner was a superseding intervening cause of plaintiff's injuries, if
18 any there were.
19 AS AND FOR A FOURTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
20 TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY
21 CAUSE OF ACTION THEREOF, this answering defendant alleges plaintiff is barred from recovery
22 tn that all products produced by defendant were in conformity with the existing state-of-the-art, and
23 as a result, these products were not defective in any manner.
24 AS AND FOR A FIFTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO
25 THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE
26 OF ACTION THEREOF, this answering defendant alleges that plaintiff fails to state facts sufficient
27 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-ASBESTOS
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
10 OF ACTION THEREOF, this answering defendant reserves the right to amend its answer, including
11 the addition of affirmative defenses after pleading and discovery in preparation for trial.
12
13 WHEREFORE, said defendant prays for judgment for its costs of suit.
ee
nS 14 DATED: October 20, 2010 KNOX RICKSEN LLP
15
16 By:_/s/ Gregory D, Pike
Gregory D. Pike
17 Attorneys for Defendant
BIGGE CRANE AND RIGGING CO
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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS
Re: Husband v. Asbestos Defendants (BP), et al.
San Francisco Superior Court No. CGC-09-275098
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
10
on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve
11 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 October 20, 2010, at Oakland, California.
12
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{s/ Nicholas J. Bertolino
ee
nS 14 Nicholas J, Bertolino
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BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS
Preview
Kenneth J. McCarthy - SBN 120875 Gregory D. Pike - SBN 124847 KNOX RICKSEN LLP ELECTRONICALLY 1300 Clay Street, Suite 500 Oakland, CA 94612-1427 FILED Superior Court of California, Telephone: (510) 285-2500 County of San Francisco Facsimile: (510) 285-2505 OCT 20 2010 Attorneys for Defendant Clerk of the Court BY: EDNALEEN JAVIER BIGGE CRANE AND RIGGING CO. Deputy Clerk SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN FRANCISCO 10 CHARLES HUSBAND, No. CGC-09-275098 11 Plaintiff, ANSWER OF BIGGE CRANE AND RIGGING CO. TO COMPLAINT FOR 12 v PERSONAL INJURY- ASBESTOS 13 ASBESTOS DEFENDANTS (BP). et al., 14 Defendants, 15 Now comes BIGGE CRANE AND RIGGING CO., and files this its answer to the 16 complaint on file in the above-entitled action and answers and denies as follows: 17 Denies each and every, all and singular, the allegations contained therein and each 18 and every part thereof, and specifically denies that plaintiff has been damaged in any sum 19 whatsoever and/or at all. 20 AS FOR A FIRST SEPARATE AND AFFIRMATIVE DEFENSE TO THE 21 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF 22 ACTION THEREOF, this answering defendant alleges that the plaintiff was careless and negligent 23 in and about the matters alleged in the complaint, and that said carelessness and negligence on the 24 part of plaintiff proximately contributed to the happenings of the incident and to the injuries, loss, 25 and damages complained of, if any there were. 26 AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE TO 27 THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE 28 -1- BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS 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 plaintiff's damages, if any there were, AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO 10 THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE 11 OF ACTION THEREOF, this answering defendant alleges that said complaint, and each of said 12 alleged causes of action thereof, is barred by the provisions of the Code of Civil Procedure, Section 13 335.1, and Section 340.2. ee nS 14 AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE 15 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF 16 ACTION THEREOF, this answering defendant alleges that the products in question were used 17 improperly and this improper use proximately caused the incident and injuries, loss, and damages 18 complained of, if any there were. 19 AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE 20 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF 21 ACTION THEREOF, this answering defendant alleges that plaintiff's complaint does not state facts 22 sufficient to constitute a cause of action against this answering defendant. 23 AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO 24 THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE 25 OF ACTION THEREOF, this answering defendant alleges that, while at all times denying any 26 liability or obligation whatsoever to the plaintiff herein, its products were manufactured, produced, 27 supplied, sold, and distributed in a manner which conformed with specifications promulgated by the 28 -2- BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS 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 10 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF 11 ACTION THEREOF, this answering defendant alleges that no conduct by or attributable to it was 12 the cause in fact or the proximate cause of the damages, if any, suffered by plaintiff, nor a 13 substantial factor in bringing about said damages. ee nS 14 AS AND FOR A TENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE 15 COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE OF 16 ACTION THEREOF, this answering defendant alleges that at the time of the injuries alleged in the 17 complaint, plaintiff was employed and was entitled to receive Workers’ Compensation benefits 18 from plaintiffs employers, that said employers were negligent in and about the matters referred to in 19 said complaint, and that such negligence on the part of said employers proximately and concurrently 20 contributed to the happening of the accident and to the loss or damage complained of by plaintiff, if 21 any there were; and that by reason thereof defendant is entitled to set off any such benefits to be 22 received by plaintiff against any judgment which may be rendered in favor of plaintiff. 23 AS AND FOR AN ELEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE 24 TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY 25 CAUSE OF ACTION THEREOF, this answering defendant alleges that at the time of the injuries 26 alleged in the complaint, plaintiffs employers were negligent in and about the matters referred to in 27 said complaint, and that such negligence on the part of said employers proximately and concurrently 28 -3- BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS 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 10 any there were; and that defendant herein shall not be liable for said parties' proportionate share of 11 non-economic damages, 12 AS AND FOR A THIRTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE 13 TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY ee nS 14 CAUSE OF ACTION THEREOF, this answering defendant alleges that at all times relative to 15 matters alleged in the complaint, all of plaintiffs employers were sophisticated users of asbestos- 16 containing products and said employers’ negligence in providing the product to its employees in a 17 negligent, careless and reckless manner was a superseding intervening cause of plaintiff's injuries, if 18 any there were. 19 AS AND FOR A FOURTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE 20 TO THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY 21 CAUSE OF ACTION THEREOF, this answering defendant alleges plaintiff is barred from recovery 22 tn that all products produced by defendant were in conformity with the existing state-of-the-art, and 23 as a result, these products were not defective in any manner. 24 AS AND FOR A FIFTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO 25 THE COMPLAINT OF PLAINTIFF ON FILE HEREIN AND TO EACH AND EVERY CAUSE 26 OF ACTION THEREOF, this answering defendant alleges that plaintiff fails to state facts sufficient 27 to constitute a cause of action upon which punitive damages may be awarded as against this 28 -4- BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS 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 10 OF ACTION THEREOF, this answering defendant reserves the right to amend its answer, including 11 the addition of affirmative defenses after pleading and discovery in preparation for trial. 12 13 WHEREFORE, said defendant prays for judgment for its costs of suit. ee nS 14 DATED: October 20, 2010 KNOX RICKSEN LLP 15 16 By:_/s/ Gregory D, Pike Gregory D. Pike 17 Attorneys for Defendant BIGGE CRANE AND RIGGING CO 18 19 20 21 22 23 24 25 26 27 28 -S- BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS Re: Husband v. Asbestos Defendants (BP), et al. San Francisco Superior Court No. CGC-09-275098 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 10 on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve 11 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 October 20, 2010, at Oakland, California. 12 13 {s/ Nicholas J. Bertolino ee nS 14 Nicholas J, Bertolino 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- BIGGE CRANE AND RIGGING CO.-ANSWER TO COMPLAINT-ASBESTOS