On December 17, 2010 a Motion-Secondary was filed involving a dispute between Ross, Jean, Ross, Robert, and Acco Engineered Systems, Inc., Advanced Mechanical, Advance Mechanical Contractors, Inc., Air Systems Mechanical Contractor, A & K Heating Company, Inc., Albay Construction Company, Allen-Simmons Heating & Sheet Metal Company Inc., Allied Fire Protection, Allied Sprinkler Company, Inc., Allsberry Mechanical Corporation, Anderson, Rowe & Buckley, Inc., Associated Insulation Of California, A. Teichert & Son, Inc., Balliet Bros. Construction Corporation, Banner Drywall & Painting Co. Inc., Barnes Construction Co., Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bell Products Inc., Beta Mechanical Contractors, L.P., Bragg Investment Company, Inc., Cahill Construction Co., Inc., Cahill Construction Services, Inc., Cahill Contractors, Inc., California Drywall Co., Castro Construction, Inc., C.C. Moore & Co. Engineers, Cincinnati Valve Company, Cjr Plastering, Clausen-Patten, Inc., Clausen-Patten, Inc., A Dissolved Corporation, Climate Air, Inc., Climate Control Co., Inc., Collins Electrical Company, Inc., Commair Mechanical Services, Consolidated Insulation, Inc., Cosco Fire Protection, Inc., Cosco Sprinkler, Critchfield Mechanical, Inc., C & R Plastering, Inc., Csk Auto, Inc., Cupertino Electric, Inc., Delucchi Sheet Metal Works, Dilland Sederberg Plumbing, Does 1-8500, Domco Products Texas Inc., Domco Products Texas, L.P., Donovan Construction, Dorn Refrigeration, Dorn Refrigeration And Air Conditioning, Dpr Construction, Duro Dyne Corporation, D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Emil J. Weber Electric Co., Erwin Mechanical Inc., Ex- Fme, Inc. (Fka Fischbach And Moore Electric,, Fairmont Hotel Company, Fluor Corporation, Foley Electric Co., Foley Electric, Inc., Fuller Floors, General Mills, Inc., Giampolini & Co., Graybar Electric Company, Inc., Hanson Permanente Cement, Inc. Formerly Known As, Harold Beasley Plumbing And Heating, Inc., Harry Lee Plumbing & Heating, H & C Investment Associates, Inc., Henry C. Beck Company, Imperial Plastering & Drywall, Insulation Specialties, Inc., James A. Nelson Co., Inc., Johnson Controls, Inc., Jones Plastering Company, Joseph Bruno Sheet Metal Co., Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, J.W. Mcclenahan Company, Inc., Kentile Floors, Inc., Laub Sheet Metal Works, Lone Star Industries, Inc., Mack Construction Co., Magee, Robert, Malm Metal Products, Inc., Marine Engineering And Supply Company, Marshco Auto Parts, Inc., Mattock Construction Company, Mcclure Electric, Inc., Metropolitan Life Insurance Company, Michael Brothers, Midstate Mechanical, Inc., Mitchell Bros. Truck Lines, Inc., Monsanto Company, Sued As "Pharmacia Corporation", Oakfabco, Inc., Ortho-Craft, Pacific Fireproofing, Pacific Mechanical Corporation, Parker Insulation Contracting & Supply Co. Inc., Perini Corporation, Pharmacia Corporation, Which Will Do Business In, Pribuss Engineering, Pribuss Engineering, Inc., Raymond Interior Systems-North, Red Top Electric Co. Emeryville, Inc., Robert Magee, Rollie R. French, Inc., Rollins Construction, Rountree Plumbing & Heating Inc., Scott Co. Of California, S F L, Inc., S.J. Amoroso Construction Co., Inc., Slakey Brothers, Inc., Sugden Engineering Co., Swinerton Builders, Temper Insulation, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The W.W. Henry Company, Tuttle And Bailey Corp, Van Mulder Sheetmetal, Van-Mulder Sheet Metal, Inc., Walnut Creek Sheet Metal, Furnace & Air, W.C. Thomason, W.C. Thompson, Webcor Builders, Inc., Westburne Supply, Inc., Willard Electric, Wright Schuchart Harbor, Wright Schuchart Harbor Company, Ross, Jean, Ross, Robert, for civil in the District Court of San Francisco County.
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BRAYTON@PURCELL LLP ATTORNEYS AT LAW 222 RUSH LANDING ROAD PO BOX 6169 NOVATO, CALIFORNIA 94948-6169 (415) 898-1538 ALAN R. BRAYTON, ESQ., §.B. #73685 CHRISTINE A. RENKEN, ESQ., 8.B. #232797 eer grenken(@braytonlaw.com FILED BRAYTON“*PURCELL LLP Superior Court of Catifornia, Attorneys at Law County of San Francisco 222 Rush Landing Road 05/14/2018 P.O. Box 6169 : Clerk of the Court Novato, California 94948-6169 BY: ANNA TORRES (415) 898-1555 Deputy Clerk Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA Time: 9:30 a.m. Room 503: The Hon. Lynn O’Malley-Taylor Trial Date: July 9, 2018 Filing Date: December 17, 2010 COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, ) ASBESTOS ) No. CGC-10-275731 Plaintiffs, ) ) DECLARATION OF JEAN ROSS IN vs, ) SUPPORT OF MOTION FOR PREFERENCE IN TRIAL SETTING C.C. MOORE & CO. ENGINEERS , et al., Defendants. Date: June 13, 2018 ) ) ) I, Jean Ross, declare: 1. Iam 81 years old and a plaintiff in this action. I have been diagnosed with congestive heart failure, chronic obstructive pulmonary disease ("COPD"), peripheral vascular disease, atrial fibrillation, fibromyalgia, and high blood pressure. I currently suffer from shortness of breath and difficulty breathing, unintentional weight loss, increasing leg and back pain, weakness and fatigue, stomach discomfort, chest pain, and memory loss. 2. Tam frequently short of breath and have difficulty breathing. At times, I become very dizzy and so short of breath such that I am unable to talk. J am prescribed two inhalers that use daily, and Albuterol breathing treatments by way of a nebulizer machine, as needed, for my breathing. My shortness of breath continues to progressively worsen, impairing my stamina and my abilities to focus, concentrate, and at times my ability to effectively communicate. Kate sf eH AICS OUST ER ad 1 TI IF JEAN Ri T Al TISCcU wm UID eB wN 3. Earlier this year | develaped bronchitis, which resulted in me spending a month in bed and having to be seen in the emergency room on three different occasions. Afer the bronchitis resolved, 1 came down with another iJIness that caused fluid to accumulate on my lungs, making breathing even harder. My appetite has since been very poor und | have unintentionally lost 30 pounds in the last three months. 4, Asa result of peripheral vascular disease, | suffer from constant-pain in my legs. ‘The pain worsens when { have a vascular blockage, which seems to be happening more and more [requently, Since 2009, } have had 17 stents placed in various arteries in my body. [n 2009, | had bypass surgery for the vein in my neck. In November 2017, 1 had to have bypass surgery on my cight leg due to vcin blockage. | recently underwent vascular testing to check the blood flow in my arterics and another blockape was detected in my left leg requiring another stent to be placed on May I, 2018. During the procedure, my doctor found blockages in bath of the two main arteries that connect the stomach and the heart. One is 90% blocked and the other is 100% blocked, which is very dangerous. | will require additional medical procedures to unblock both arteries. 5. In addition to my constant leg pain, [ also experience chest pain and constant back pain. Becausc I am so unsteady on my Jeet, } am also at risk for falling and need to use my cane when walking. : 6. My constant and severe pain is very distracting and impairs my ability to focus, concentrate and remain in the moment. This pain makes it more difficult to get sleep and rest, and | feel more tired and weak, which also negatively impacts my stamina, ability lo focus and concentrate, and my ability to remain alert. It has become markedly worse in the last months and as this continues to warscn, so does my lack of energy, stamina. and ability to focus, concentrate, remain alert and communicate effectively. : 7 Ihave been diagnosed with heart disease, including congestive heart failure and atrial fibrillation. When an a-fib episode happens, my heart races like crazy, and it takes everything out of me and wipes me out. ‘This, on top of the fibromyalgia causes me to always feel tired and weak.A we wh eo UO AAR HR HF Sow 19 8. Lalso suffer fram memory loss that continues to get worse. | often forget facts and details of conversations | have had with others. 9. The conditions and symptoms of my illnesses affect.my already low energy level, ability to focus, and concentrate, | have felt a definite recent and continuous decline in my cognitive abilities as we'l as my physical abilities. 10, At the present time, ] believe that ] am still capable of participating in my trial, able to give testimony, undergo cross-examination, relate to the Court and jury, and generaily assist my counsel at trial. { know it will be difficult for me to meet all the demands of my trial based on my health as described above, but right now, | believe that | um still capable of effectively participating in my trial, in spite of my pain, impaired stamina, poor appetite, and increasing weakness and fatigue, But, if 1 am not able to go to trial in the near future, and my worsening shortness of breath and difficulty breathing, constant pain, and resulting effects become more debilitating, I will not be able to participate at all in my trial. If my case is not set for trial soon, and | am unable to meaningfully and cffectively participate in the trial, | believe that my legal rights and interests, and consequently those of my family, will be scvercly prejudiced. Executed on Sule at Tuscon, Arizona. i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Je O88