Preview
Filed 13 J uly 23 P4:54
Chris Daniel - District Clerk
Harris Coun!
CAUSE NO. 2013-19399-ASB ED101) 017611727
By: Nelson Cuero
BEFORE THE ASBESTOS MDL PRE-TRIAL JUDGE
DUANE CUMBIE IN THE DISTRICT COURT OF
VS. HARRIS COUNTY, TEXAS
AMERON INTERNATIONAL
CORPORATION, ET AL. 11th JUDICIAL DISTRICT
TRANSFERRED FROM:
NO. DC-13-02987-D
IN RE: DUANE CUMBIE, IN THE DISTRICT COURT OF
Petitioner. DALLAS COUNTY, TEXAS
193rd JUDICIAL DISTRICT
DEFENDANTS, FLUOR CORPORATION; FLUOR ENTERPRISES, INC. F/K/A FLUOR
DANIEL, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR BY MERGER
TO DANIEL INTERNATIONAL CORPORATION; FLUOR CONSTRUCTORS
INTERNATIONAL, INC.; FLUOR TEXAS, INC., INDIVIDUALLY AND INCORRECTLY SUED
AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.;
INCORRECTLY SUED AS FLUOR DANIEL WILLIAMS BROTHERS, INDIVIDUALLY AND AS
SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; AND
FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY AND INCORRECTLY SUED AS
SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.’S
MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, FLUOR CORPORATION; FLUOR ENTERPRISES, INC. F/K/A FLUOR
DANIEL, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR BY MERGER
TO DANIEL INTERNATIONAL CORPORATION; FLUOR CONSTRUCTORS
INTERNATIONAL, INC.; FLUOR TEXAS, INC., INDIVIDUALLY AND INCORRECTLY SUED
AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.;
INCORRECTLY SUED AS FLUOR DANIEL WILLIAMS BROTHERS, INDIVIDUALLY AND AS
SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; AND
FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY AND INCORRECTLY SUED AS
4844-2369-2303.1
SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.
(“Defendants”), and pursuant to TEX. Civ. PRAC. & REM. CODE 33.004, file this Motion for Leave
to Designate Responsible Third Parties and show unto the Court as follows:
I
This is a lawsuit filed on or about March 14, 2013 and arising out of the alleged asbestos
exposure of Duane Cumbie to asbestos-containing products, which exposure allegedly caused
his injuries.
Ul.
Without waiving its general denial or defenses, and without admitting any of the
allegations in Plaintiff's petition, to the extent the jury finds that Duane Cumbie was exposed to
asbestos and was injured as a result thereof. Defendants FLUOR CORPORATION; FLUOR
ENTERPRISES, INC. F/K/A FLUOR DANIEL, INC., INDIVIDUALLY AND INCORRECTLY
SUED AS SUCCESSOR BY MERGER TO DANIEL INTERNATIONAL CORPORATION;
FLUOR CONSTRUCTORS INTERNATIONAL, INC.; FLUOR TEXAS, INC., INDIVIDUALLY
AND INCORRECTLY SUED AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND
FLUOR MAINTENANCE, INC.; INCORRECTLY SUED AS FLUOR DANIEL WILLIAMS
BROTHERS, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND
FLUOR MAINTENANCE, INC.; AND FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY
AND INCORRECTLY SUED AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND
FLUOR MAINTENANCE, INC. are entitled to have the jury consider the comparative fault of
the following companies, entities and persons in causing or contributing to Duane Cumbie’s
injuries, and requests the Court to designate the following companies, entities and persons as
responsible third parties.
A DISMISSED, NON-SUITED OR OTHERWISE RESOLVED DEFENDANTS
4844-2369-2303,1 2
Defendants designate as responsible third parties any and all defendants in Plaintiff's
Original Petition and any and all subsequent amended or supplemental petitions filed in this
case whose claims have been dismissed, non-suited, or otherwise resolved. These companies
made, sold, and/or distributed asbestos-containing products, the dust from which was a source
of asbestos that Duane Cumbie allegedly inhaled and could have contributed to Duane
Cumbie’s alleged asbestos-related injury. These companies include, but are not limited to:
Fluor Daniel Services Corporation
Fluor Daniel Maintenance Service Inc.
See Plaintiff's Original Petition previously filed in this matter. The jury is entitled to
consider the purported fault of these companies in allegedly causing Duane Cumbie’s injury
based on the allegations Plaintiff has made in the petitions and discovery responses, and
testimony rendered in depositions and at the trial of this matter.
B EMPLOYERS
Defendant designates as responsible third parties the following employers of Duane
Cumbie for whom there is evidence that Duane Cumbie worked and was exposed to asbestos-
containing products. During his career, Duane Cumbie worked for:
Pantry Pride Enterprises, Inc,
West Michigan Dock & Market Corporation
Michigan Ohio Navigation Company
Gerber Products Company
Austin Company
Tampco Piping Inc.
Stearns Roger Corporation
Tellepsen Construction Company
C Wallace Industries Inc.
Chambliss Kirsey, Inc.
Wilson Equipment Company
Hydrocarbon Construction Company
JS McKinney Inc.
Harry Newton & Company
MB &J Corporation
C&M Corporation
Sequoia Ventures Inc.
Leslie Miller Inc.
Brazosport Plumbing & Heating Company
4844-2369-2303.1 3
Grinnel Corporation
Monical & Powell Inc.
TBCI Corporation
Sam P. Wallace Company, Inc.
E N Wolcott Corporation of Louisiana Inc.
Homer Knost Construction Company, Inc.
Allstate Erectors Inc.
Barber Inc.
SIP Inc.
Betco Constructors Inc.
Stone & Webster Engineering
C.F. Braun & Company A Corporation
Knost Engineers & Constructors Inc.
Badger Company Inc.
Catalytic Inc./WT Merrill Paymaste4r
Arlis A. Pruitt
Blount Brothers Corporation
Mid-Valley Inc.
Blaw-Knox Chemical Plant Inc.
John E Green Company
Arthur G. McKee & Company
Procon Inc.
Pullman Inc.
Brazosport Construction Company Inc.
Instrument Systems Contractors Corporation
Key Associates, Inc.
Natkin & Company
Barnard Burk Inc.
Paula & Grant S Thorn/ A O Thorn & Sons Construction Company
| U Industrial Inc./ Delta Southern Company, Inc.
Southwest Fabricating & Welding Company
Morrison Engineer & Constructors Inc.
CIC Inc.
Sybron Corporation
Industrial Contractors Inc.
Scientific Design Company Inc.
Ebasco Services Inc.
CF Braun Constructors Inc.
MW Kellogg Company
Process Piping Company
Epic Instruments Inc.
Ebasco Constructors Inc.
Johnson Controls Inc.
Catalytic Industrial Mntnno Company Inc.
Westinghouse Electric Corporation
Honeywell Inc.
Rald Industries, Inc.
Dejean Contract Maintenance Company Inv.
J Allen Contractors Inc.
Kinetic Systems Inc.
4844-2369-2303,1 4
This employment resulted in the use or disturbance of certain products and/or
equipment, the dust from which was a source of asbestos that Duane Cumbie allegedly inhaled
and could have contributed to Duane Cumbie’s alleged asbestos-related injury.
With respect to Duane Cumbie’s employers, the Occupational Safety and Health
Administration (“OSHA”) imposed a duty on these entities and/or individuals to warn against
exposure to air contaminants, to provide employees with a safe place to work, and has
promulgated extensive regulations on employers to ensure that workers such as employees
are not overexposed to such environmental contaminants, including asbestos. Moreover,
OSHA places the responsibility upon an employer to select appropriate respiratory protection
for its workers. Duane Cumbie’s employers breached those duties, and such breach was a
proximate cause of the alleged injury at issue in this action. The jury is entitled to consider the
purported fault of the companies and entities named above in allegedly causing Duane
Cumbie’s injury based on the allegations made in the petitions and discovery.
In addition to the foregoing, Defendant designates as responsible third parties, any other
companies or entities identified by Duane Cumbie and/or any product identification witnesses
in this case, whether by deposition, affidavit or written discovery that employed Duane Cumbie
through which claims are made for asbestos exposure.
Cc. PLAINTIFF IDENTIFICATIONS
Defendant designates as responsible third parties, any other companies or entities
identified by Plaintiff as a source of asbestos exposure in this matter, whether such
identification is made in pleadings, deposition, affidavit, witness, discovery or trial testimony.
Specifically, Plaintiffs/witnesses testified that Duane Cumbie was exposed to the following
products and/or products made or distributed by the following throughout his lifetime:
Stearns Roger Corporation
Tellepsen Construction Company
4844-2369-2303.1 5
C. Wallace Industries
Tampco Piping Inc
Monical & Powell Inc.
Hydrocarbon Construction
JS McKinney Inc.
Sam Wallace
Blount Brothers
Key Associates
The jury is entitled to consider the purported fault of the companies and entities named
above in allegedly causing Duane Cumbie’s injury based on the allegations Duane Cumbie
makes in the petitions and discovery and based on the testimony rendered by Duane Cumbie
regarding his exposure to asbestos through these products.
D CONTRACTORS
Defendants designate as responsible third parties, any companies or entities identified
by Duane Cumbie and/or any product identification witnesses in this case, whether by
deposition, affidavit or written discovery, as contractors who performed work at any premises in
Duane Cumbie’s vicinity.
E BANKRUPT COMPANIES/DEFENDANTS
Defendant designates as responsible third parties any and all bankrupt companies in
Plaintiff's original petition or any and all subsequent amended or supplemental petitions filed in
this case and/or otherwise designated or named whose claims have been dismissed, non-
suited, or otherwise resolved, or who are not before the Court in this matter.
Additionally, Defendant designates as responsible third parties the following bankrupt
defendants that have been identified by plaintiff and coworkers at various locations and during
various periods such that there is a likelihood that Duane Cumbie worked with or around
asbestos-containing products used, manufactured, sold, and/or distributed by these
companies:
A.C. and S., Inc.
4844-2369-2303.1 6
Ametek, Inc.
Anchor Packing Company
Babcock & Wilcox Company
Celotex Corporation
Center for Claims Resolution
Combustion Engineering Inc.
Crown, Cork, & Seal Company, Inc.
Flintkote
Foster Wheeler Energy Corporation
Fuller-Austin Insulation Company
Garlock Sealing Technologies, L.L.C
H. K. Porter
H.K. Porter-Supplement Payment
Harbison-Walker Refractories Company, Inc.
J.T. Thorpe Co.
Johns-Mansville Corporation
Kaiser Aluminum & Chemical Corporation
Kaiser Aluminum & Chemical Corporation Interest
Kaiser Gypsum Company, Inc.
M.H. Detrick
Metropolitan Life Insurance Company, Inc.
Mundy Industries
National Gypsum Company
North American Refractories
Owens-Corning Fiberglas Co.
Pittsburgh Corning Corp.
Rockwool Mfg. Co.
Unarco Industries, Inc.
W.R. Grace & Co.
Duane Cumbie’s exposure to these asbestos-containing products resulted in his
exposure to dust, which was a source of asbestos that Mr. Cumbie allegedly inhaled and could
have contributed to Duane Cumbie’s alleged asbestos-related injury. The jury is entitled to
onsider the purported fault of these companies, and any additional bankrupt
companies/defendants in allegedly causing Duane Cumbie’s injury based on the allegations
made in the petitions and discovery responses, and testimony rendered in depositions and at
the trial of this matter.
F PREMISES
4844-2369-2303.1 7
Defendant designates as responsible third parties, any companies or entities identified
by Duane Cumbie and/or any product identification witnesses in this case, whether by
deposition, affidavit or written discovery, as a premises where Duane Cumbie worked.
A.P. Green Refractories Plant
Maxwell House Coffee Plant
Mobil Oil Refinery
Petro-Tex Chemical Plant
Shell Oil Refinery
Texas City Oil Refinery
Various Minute Man Missile sites
Powerhouse
Kinncot [Kinnecott] Copper Plant
Southwest Fabricating Shop
W.A. Parish Power Plant
Crown Zellenbach Paper Mill
Phillips Refinery
G ADOPTION
Defendants designate as responsible third parties, any companies or entities identified
or designated by any other party to this litigation as responsible third-parties and incorporates
such designations by reference as if fully and completely recited herein.
Il.
CONCLUSION
Based on the foregoing, Defendants seek leave of Court to designate the above
companies, entities and/or persons as responsible third parties for the purpose of listing such
parties on the verdict form to allow the jury to allocate fault to them pursuant to Sections 33.003
and 33.004 of the Texas Civil Practice and Remedies Code on the jury verdict form.
Defendants also pray for all other relief to which it may show itself to be justly entitled.
4844-2369-2303.1 8
Respecifully submitted
M4 Mul
Ul ie
Sie DAVIS
LEWIS, BRISBOIS BISGAARD & SMITH, LLP
TEXAS BAR NO. 24031998
3355 W. ALABAMA, SUITE 400
HOUSTON, TEXAS 77098
(713) 659-6767
713) 759-6830 FAX
ATTORNEY FOR DEFENDANTS
FLUOR CORPORATION
FLUOR ENTERPRISES, INC. F/K/A FLUOR DANIEL
INC., INDIVIDUALLY AND INCORRECTLY SUED AS
SUCCESSOR BY MERGER TO DANIEL
INTERNATIONAL CORPORATION
FLUOR CONSTRUCTORS INTERNATIONAL, INC
FLUOR TEXAS, INC., INDIVIDUALLYAND
INCORRECTLY SUED AS SUCCESSOR-IN-
INTEREST TO FLUOR CORP. AND FLUOR
MAINTENANCE, INC
INCORRECTLY SUED AS FLUOR DANIEL
WILLIAMS BROTHERS, INDIVIDUALLY AND AS
SUCCESSOR-IN-INTEREST TO FLUOR CORP,
AND FLUOR MAINTENANCE, INC.; AND
FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY
AND INCORRECTLY SUED AS SUCCESSOR-IN-
INTEREST TO FLUOR CORP. AND FLUOR
MAINTENANCE, INC
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the foregoing has been forwarded to all
known counsel of record via Lexis Nexis on this the 23 day of July, 2013.
i
CaM U Ay Wve
SARAH M. DAVIS
4844-2369-2303.1 9
Preview
Filed 13 J uly 23 P4:54 Chris Daniel - District Clerk Harris Coun! CAUSE NO. 2013-19399-ASB ED101) 017611727 By: Nelson Cuero BEFORE THE ASBESTOS MDL PRE-TRIAL JUDGE DUANE CUMBIE IN THE DISTRICT COURT OF VS. HARRIS COUNTY, TEXAS AMERON INTERNATIONAL CORPORATION, ET AL. 11th JUDICIAL DISTRICT TRANSFERRED FROM: NO. DC-13-02987-D IN RE: DUANE CUMBIE, IN THE DISTRICT COURT OF Petitioner. DALLAS COUNTY, TEXAS 193rd JUDICIAL DISTRICT DEFENDANTS, FLUOR CORPORATION; FLUOR ENTERPRISES, INC. F/K/A FLUOR DANIEL, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR BY MERGER TO DANIEL INTERNATIONAL CORPORATION; FLUOR CONSTRUCTORS INTERNATIONAL, INC.; FLUOR TEXAS, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; INCORRECTLY SUED AS FLUOR DANIEL WILLIAMS BROTHERS, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; AND FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, FLUOR CORPORATION; FLUOR ENTERPRISES, INC. F/K/A FLUOR DANIEL, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR BY MERGER TO DANIEL INTERNATIONAL CORPORATION; FLUOR CONSTRUCTORS INTERNATIONAL, INC.; FLUOR TEXAS, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; INCORRECTLY SUED AS FLUOR DANIEL WILLIAMS BROTHERS, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; AND FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY AND INCORRECTLY SUED AS 4844-2369-2303.1 SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC. (“Defendants”), and pursuant to TEX. Civ. PRAC. & REM. CODE 33.004, file this Motion for Leave to Designate Responsible Third Parties and show unto the Court as follows: I This is a lawsuit filed on or about March 14, 2013 and arising out of the alleged asbestos exposure of Duane Cumbie to asbestos-containing products, which exposure allegedly caused his injuries. Ul. Without waiving its general denial or defenses, and without admitting any of the allegations in Plaintiff's petition, to the extent the jury finds that Duane Cumbie was exposed to asbestos and was injured as a result thereof. Defendants FLUOR CORPORATION; FLUOR ENTERPRISES, INC. F/K/A FLUOR DANIEL, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR BY MERGER TO DANIEL INTERNATIONAL CORPORATION; FLUOR CONSTRUCTORS INTERNATIONAL, INC.; FLUOR TEXAS, INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; INCORRECTLY SUED AS FLUOR DANIEL WILLIAMS BROTHERS, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC.; AND FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR-IN-INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC. are entitled to have the jury consider the comparative fault of the following companies, entities and persons in causing or contributing to Duane Cumbie’s injuries, and requests the Court to designate the following companies, entities and persons as responsible third parties. A DISMISSED, NON-SUITED OR OTHERWISE RESOLVED DEFENDANTS 4844-2369-2303,1 2 Defendants designate as responsible third parties any and all defendants in Plaintiff's Original Petition and any and all subsequent amended or supplemental petitions filed in this case whose claims have been dismissed, non-suited, or otherwise resolved. These companies made, sold, and/or distributed asbestos-containing products, the dust from which was a source of asbestos that Duane Cumbie allegedly inhaled and could have contributed to Duane Cumbie’s alleged asbestos-related injury. These companies include, but are not limited to: Fluor Daniel Services Corporation Fluor Daniel Maintenance Service Inc. See Plaintiff's Original Petition previously filed in this matter. The jury is entitled to consider the purported fault of these companies in allegedly causing Duane Cumbie’s injury based on the allegations Plaintiff has made in the petitions and discovery responses, and testimony rendered in depositions and at the trial of this matter. B EMPLOYERS Defendant designates as responsible third parties the following employers of Duane Cumbie for whom there is evidence that Duane Cumbie worked and was exposed to asbestos- containing products. During his career, Duane Cumbie worked for: Pantry Pride Enterprises, Inc, West Michigan Dock & Market Corporation Michigan Ohio Navigation Company Gerber Products Company Austin Company Tampco Piping Inc. Stearns Roger Corporation Tellepsen Construction Company C Wallace Industries Inc. Chambliss Kirsey, Inc. Wilson Equipment Company Hydrocarbon Construction Company JS McKinney Inc. Harry Newton & Company MB &J Corporation C&M Corporation Sequoia Ventures Inc. Leslie Miller Inc. Brazosport Plumbing & Heating Company 4844-2369-2303.1 3 Grinnel Corporation Monical & Powell Inc. TBCI Corporation Sam P. Wallace Company, Inc. E N Wolcott Corporation of Louisiana Inc. Homer Knost Construction Company, Inc. Allstate Erectors Inc. Barber Inc. SIP Inc. Betco Constructors Inc. Stone & Webster Engineering C.F. Braun & Company A Corporation Knost Engineers & Constructors Inc. Badger Company Inc. Catalytic Inc./WT Merrill Paymaste4r Arlis A. Pruitt Blount Brothers Corporation Mid-Valley Inc. Blaw-Knox Chemical Plant Inc. John E Green Company Arthur G. McKee & Company Procon Inc. Pullman Inc. Brazosport Construction Company Inc. Instrument Systems Contractors Corporation Key Associates, Inc. Natkin & Company Barnard Burk Inc. Paula & Grant S Thorn/ A O Thorn & Sons Construction Company | U Industrial Inc./ Delta Southern Company, Inc. Southwest Fabricating & Welding Company Morrison Engineer & Constructors Inc. CIC Inc. Sybron Corporation Industrial Contractors Inc. Scientific Design Company Inc. Ebasco Services Inc. CF Braun Constructors Inc. MW Kellogg Company Process Piping Company Epic Instruments Inc. Ebasco Constructors Inc. Johnson Controls Inc. Catalytic Industrial Mntnno Company Inc. Westinghouse Electric Corporation Honeywell Inc. Rald Industries, Inc. Dejean Contract Maintenance Company Inv. J Allen Contractors Inc. Kinetic Systems Inc. 4844-2369-2303,1 4 This employment resulted in the use or disturbance of certain products and/or equipment, the dust from which was a source of asbestos that Duane Cumbie allegedly inhaled and could have contributed to Duane Cumbie’s alleged asbestos-related injury. With respect to Duane Cumbie’s employers, the Occupational Safety and Health Administration (“OSHA”) imposed a duty on these entities and/or individuals to warn against exposure to air contaminants, to provide employees with a safe place to work, and has promulgated extensive regulations on employers to ensure that workers such as employees are not overexposed to such environmental contaminants, including asbestos. Moreover, OSHA places the responsibility upon an employer to select appropriate respiratory protection for its workers. Duane Cumbie’s employers breached those duties, and such breach was a proximate cause of the alleged injury at issue in this action. The jury is entitled to consider the purported fault of the companies and entities named above in allegedly causing Duane Cumbie’s injury based on the allegations made in the petitions and discovery. In addition to the foregoing, Defendant designates as responsible third parties, any other companies or entities identified by Duane Cumbie and/or any product identification witnesses in this case, whether by deposition, affidavit or written discovery that employed Duane Cumbie through which claims are made for asbestos exposure. Cc. PLAINTIFF IDENTIFICATIONS Defendant designates as responsible third parties, any other companies or entities identified by Plaintiff as a source of asbestos exposure in this matter, whether such identification is made in pleadings, deposition, affidavit, witness, discovery or trial testimony. Specifically, Plaintiffs/witnesses testified that Duane Cumbie was exposed to the following products and/or products made or distributed by the following throughout his lifetime: Stearns Roger Corporation Tellepsen Construction Company 4844-2369-2303.1 5 C. Wallace Industries Tampco Piping Inc Monical & Powell Inc. Hydrocarbon Construction JS McKinney Inc. Sam Wallace Blount Brothers Key Associates The jury is entitled to consider the purported fault of the companies and entities named above in allegedly causing Duane Cumbie’s injury based on the allegations Duane Cumbie makes in the petitions and discovery and based on the testimony rendered by Duane Cumbie regarding his exposure to asbestos through these products. D CONTRACTORS Defendants designate as responsible third parties, any companies or entities identified by Duane Cumbie and/or any product identification witnesses in this case, whether by deposition, affidavit or written discovery, as contractors who performed work at any premises in Duane Cumbie’s vicinity. E BANKRUPT COMPANIES/DEFENDANTS Defendant designates as responsible third parties any and all bankrupt companies in Plaintiff's original petition or any and all subsequent amended or supplemental petitions filed in this case and/or otherwise designated or named whose claims have been dismissed, non- suited, or otherwise resolved, or who are not before the Court in this matter. Additionally, Defendant designates as responsible third parties the following bankrupt defendants that have been identified by plaintiff and coworkers at various locations and during various periods such that there is a likelihood that Duane Cumbie worked with or around asbestos-containing products used, manufactured, sold, and/or distributed by these companies: A.C. and S., Inc. 4844-2369-2303.1 6 Ametek, Inc. Anchor Packing Company Babcock & Wilcox Company Celotex Corporation Center for Claims Resolution Combustion Engineering Inc. Crown, Cork, & Seal Company, Inc. Flintkote Foster Wheeler Energy Corporation Fuller-Austin Insulation Company Garlock Sealing Technologies, L.L.C H. K. Porter H.K. Porter-Supplement Payment Harbison-Walker Refractories Company, Inc. J.T. Thorpe Co. Johns-Mansville Corporation Kaiser Aluminum & Chemical Corporation Kaiser Aluminum & Chemical Corporation Interest Kaiser Gypsum Company, Inc. M.H. Detrick Metropolitan Life Insurance Company, Inc. Mundy Industries National Gypsum Company North American Refractories Owens-Corning Fiberglas Co. Pittsburgh Corning Corp. Rockwool Mfg. Co. Unarco Industries, Inc. W.R. Grace & Co. Duane Cumbie’s exposure to these asbestos-containing products resulted in his exposure to dust, which was a source of asbestos that Mr. Cumbie allegedly inhaled and could have contributed to Duane Cumbie’s alleged asbestos-related injury. The jury is entitled to onsider the purported fault of these companies, and any additional bankrupt companies/defendants in allegedly causing Duane Cumbie’s injury based on the allegations made in the petitions and discovery responses, and testimony rendered in depositions and at the trial of this matter. F PREMISES 4844-2369-2303.1 7 Defendant designates as responsible third parties, any companies or entities identified by Duane Cumbie and/or any product identification witnesses in this case, whether by deposition, affidavit or written discovery, as a premises where Duane Cumbie worked. A.P. Green Refractories Plant Maxwell House Coffee Plant Mobil Oil Refinery Petro-Tex Chemical Plant Shell Oil Refinery Texas City Oil Refinery Various Minute Man Missile sites Powerhouse Kinncot [Kinnecott] Copper Plant Southwest Fabricating Shop W.A. Parish Power Plant Crown Zellenbach Paper Mill Phillips Refinery G ADOPTION Defendants designate as responsible third parties, any companies or entities identified or designated by any other party to this litigation as responsible third-parties and incorporates such designations by reference as if fully and completely recited herein. Il. CONCLUSION Based on the foregoing, Defendants seek leave of Court to designate the above companies, entities and/or persons as responsible third parties for the purpose of listing such parties on the verdict form to allow the jury to allocate fault to them pursuant to Sections 33.003 and 33.004 of the Texas Civil Practice and Remedies Code on the jury verdict form. Defendants also pray for all other relief to which it may show itself to be justly entitled. 4844-2369-2303.1 8 Respecifully submitted M4 Mul Ul ie Sie DAVIS LEWIS, BRISBOIS BISGAARD & SMITH, LLP TEXAS BAR NO. 24031998 3355 W. ALABAMA, SUITE 400 HOUSTON, TEXAS 77098 (713) 659-6767 713) 759-6830 FAX ATTORNEY FOR DEFENDANTS FLUOR CORPORATION FLUOR ENTERPRISES, INC. F/K/A FLUOR DANIEL INC., INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR BY MERGER TO DANIEL INTERNATIONAL CORPORATION FLUOR CONSTRUCTORS INTERNATIONAL, INC FLUOR TEXAS, INC., INDIVIDUALLYAND INCORRECTLY SUED AS SUCCESSOR-IN- INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC INCORRECTLY SUED AS FLUOR DANIEL WILLIAMS BROTHERS, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO FLUOR CORP, AND FLUOR MAINTENANCE, INC.; AND FLUOR HOLDING COMPANY, LLC, INDIVIDUALLY AND INCORRECTLY SUED AS SUCCESSOR-IN- INTEREST TO FLUOR CORP. AND FLUOR MAINTENANCE, INC CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the foregoing has been forwarded to all known counsel of record via Lexis Nexis on this the 23 day of July, 2013. i CaM U Ay Wve SARAH M. DAVIS 4844-2369-2303.1 9