Exhibit,Appendix: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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Gerdan & Rees LLP
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101 West Broadway, Suite 2000
San Diego, CA 92101

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ZRCH/GS2736RI235980.1

ROGER M. MANSUKHANI (SBN: 164463)
STEVEN A. SOBEL (SBN: 177210)

K.C. SWISHER (SBN: 245238)
GORDON & RERS LLP ELECTRONICALLY
101 W. Broadway, Suite 2000 FILED
San Diego, CA 92101 Superior Court of California,
Telephone: (619) 696-6700 County of San Francisco
Facsimile: (619) 696-7124 JUL 23 2010
Clerk of the Court
Attorneys for Defendant BY: WILLIAM TRUPEK
HENNESSY INDUSTRIES, INC. Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

RUFUS ALEXANDER, ) CASE NO. CGC-08-274719

)

Plaintiffs, } EXHIBIT A, PART 2,TO
) DECLARATION OF K.C. SWISHER IN
vs. ) SUPPORT OF HENNESSY

) INDUSTRIES, INC.’S MOTION FOR
ASBESTOS DEFENDANTS (B“P) as ) JUDGMENT ON THE PLEADINGS
Reflected on Exhibits B,C, G, H, 1, and DOES )
1-8500; and SEE ATTACHED LIST. ) [Filed and served concurrently with

) Notice of Motion and Motion for

) Judgment on the Pleadings;

) Memorandum of Points and Authorities

) Compendium of Foreign Authority;

) Request for Judicial Notice; and

) [Proposed] Order,]

)

) Date: September 21, 2010

) Time: 9:30 a.m.

) Judge: Hon. Harold E, Kahn

) Dept: 220

)

) Complaint Filed: July 1, 2008

; Trial date: None Set
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EXHIBIT A, PART 2, TO DECLARATION OF K.C. SWISHER IN SUPPORT OF HENNESSY INDUSTRIES,
INC.’S MOTION FOR JUDGMENT ON THE PLEADINGSEXHIBIT A, PART 2SO DR OH mw oe

S565 = Ss

RAYTHEON COMPANY

RAYTHEON CONSTRUCTORS INC.

RECKITT BENCKISER INC.
REDWOOD PLUMBING CO., INC.
RHEEM MANUFACTURING CO,

GENERAL PLUMBING SUPPLY
COMPANY

RIKEN-AMERICA, INC,
RIO TENTO, PLC

THE RIVAL COMPANY

RIVERDALE HOME IMPROVEMENT
CENTER

ROBUR CORPORATION
ROBERTSON-CECO CORPORATION
ROCKWELL AUTOMATION, INC.

ROHR, INC.
ROLANDO LUMBER
ROLLS-ROYCE MOTOR CARS, INC.

ROLLS-ROYCE, PLC
ut

HUGHES AIRCRAFT COMPANY

RAYTHEON SYSTEMS - SOUTH CAROLINA
HUGHES AIRCRAFT - SOUTH CAROLINA

BEECH AIRCRAFT CORPORATION

KENLES ENGINEERS AND CONSTRUCTORS, INC.
WOLDER ENGINEERS AND CONSTRUCTORS, INC.
WOLDER ENGINEERING CORPORATION

JACOBS ENGINEERING

ESICORP, INC.

ENSERCH CORPORATION

EBASCO SERVICES INCORPORATED

E& L ASSOCIATES

EHRHART & LESTER ASSOCIATES.

CATALYTIC, INC.

UE&C -- CATALYTIC, INC.
STERNS-ROGER WORLD CORPORATION
FRENCH’S MUSTARD

REDWOCOD GENERAL & MECHANICAL
HOFFMAN/NEW YORKER, INC,

RICH PLUMBING SUPPLY

JN. CEAZAN COMPANY

PAUL W. WOOD COMPANY,
UNITED SIERRA DIVISION CYPRUS MINES CORPORATION

RIVAL MANUFACTURING COMPANY
RIVERDALE LUMBER COMPANY

ARKLA SERVELL
H. H. ROBERTSON CO.

ROCKWELL SPRING AND AXLE. COMPANY
TIMKEN-DETROIT AXLE COMPANY (THE)
ALLEN-BRADLEY COMPANY, LLC.
ONEIDA ROSTONE CORPORATION
ROSTONE CORPORATION

ROHR INDUSTRIES, INC,

ORLANDO LUMBER COMPANY
ROLLS-ROYCE MOTORS, INC.

ALLISON ENGINE COMPANY, INC,

© Copyright 21 * I

© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.| ROME SUBSIDIARY, INC.

| RON CASE ROOFING AND
ASPHALT PAVING, LLC

ROTHSCHILD & RAFFIN, INC,
ROSENDAHL CORPORATION

61 ROYLE LEE ENTERPRISES, INC.

|

RUGBY BUILDING PRODUCTS, INC,

RYERSON TULL, INC.
|| SABERHAGEN HOLDINGS, INC.
SACHSE ENGINEERING

ASSOCIATES, ENC,
SAGINAW MACHINE SYSTEMS, ENC,

SALOMON SMITH BARNEY
HOLDINGS, INC.

PIPER AIRCRAFT CORP.
RON CASE ROOFING, INC.

ROTHSCHILD, RAFFIN & WEIRICK

ROSENDAHL INDUSTRIAL MAINTENANCE CO., INC.
HUMISTON-ROSENDAHL, INC.

ART’S PARTS.

RUGBY USA, INC.
STANLINE PRODUCTS, INC.
STANLINE

ARMLINE COQ.

RYERSON STEEL COMPANY
INLAND STEEL INDUSTRIES, INC.

THE BROWER COMPANY
TACOMA ASBESTOS CO.

CONTINENTAL MARINE SERVICES, INC.
ADVANCED TECHNOLOGIES, A UNIT OF SMS GROUP, INC.
ATE

ENGELHARD MINERALS & CHEMICALS CORPORATION
PHIBRO CORPORATION

PHIBRO-SALOMON, INC.

SALOMON, INC.

SCOVILL, INC,
SCOVILL MANUFACTURING CO.
DOMINION ELECTRIC

MCGREGOR I CORPORATION
SAN FRANCISCO SAND & GRAVEL

J. H. POMEROY & COMPANY, INC.
SANTA FE INTERNATIONAL

J. H. POMEROY & COMPANY, INC.

SANTA FE DRILLING :

SANTA FE-POMEROY

SANTA FE INTERNATIONAL

SFIC HOLDING CORP.

KILPATRICK & CO.

BRAUN AIR CONDITIONING CORPORATION
DEL Q SANTA FE BRAUN, INC,

47 © Copyright 2003 Brayton Purcell
| SBRA’ PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:| SARGENT CONTROLS & AEROSPACE

S.B. DECKING, INC.
SCANDURA, INC.

SCHICK NORTH AMERICA, INC.

|) SCHICK INCORPORATED

| SCHMID INSULATION
CONTRACTORS, INC.

| SCHOOL SPECIALTY, INC.
|| SCHOU-GALLIS, INC.
SCOTT COMPANY OF CALIFORNIA

SEARS, ROEBUCK & CO.
SENSITIVE INDUSTRIAL SUPPLY

SHASTA AUTOMOTIVE PARTS
WAREHOUSE

28 | SHORELINE CORPORATION

SARGENT INDUSTRIES, INC.

KAHR BEARING CORPORATION

AETNA STEEL PRODUCTS CORPORATION
ARNOT MARINE CORPORATION

SELBY, BATTERSBY & CO.

THE SCANDINAVIA BELTING COMPANY
SCANDURA, INCORPORATED

SCHICK INCORPORATED
SCHICK ELECTRIC, INC,
EVERSHARP, INC.

SCHICK NORTH AMERICA, INC.
SCHICK ELECTRIC, INC.
EVERSHARP, INC.

COAST INSULATION Co,
KINGSTON INSULATION CONTRACTORS, INC.

BECKLEY-CARDY GROUP, INC.
SCHOU-GALLIS COMPANY, LTD.
SCOTT-BROADWAY CONTRACTORS, INC.
BROADWAY PLUMBING CO., INC.
BROADWAY MECHANICAL CONTRACTORS
ORCHARD SUPPLY HARDWARE CORPORATION
DESERT INDUSTRIAL SUPPLY

SEQUOLA HEALTHCARE DISTRICT
EURODRIVE, INC.

GREAT LAKES CARBON CORPORATION

SIGRE GREAT LAKES CARBON CORPORATION
DICALITE HOLDING, ENC.

GREFCO, INC.

SAND HILL BUILDING

ROTHER AUTO PARTS, INC.

UNITED STATES TRUST CO. OF NEW YORK
SPRAYON PRODUCTS INDUSTRIAL SUPPLY

DUTCH BOY PAINTS
UNITED BOILER AND ENGINEERING COMPANY

48

© BRAYTON? PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS|| SIEMENS CORPORATION

SIKA CORPORATION

SILVER LINE PRODUCTS, INC.

SOUTHEASTERN CRANE
LIQUIDATION, INC.

SOUTHWESTERN PORTLAND
CEMENT COMPANY

} SPARTAN MOTORS, INC.

SPRAYON RESEARCH
CORPORATION

| SPRINGFIELD PLASTICS, INC,

| SSMB PACIFIC HOLDING
COMPANY, ENC,

STEEGO FLEET SERVICES, INC.
S.T.M. AUTOMOTIVE

j STAN FLOWERS COMPANY, INC.

STROMBERG-CARLSON CORP
CHEMICAL SEALING

CHEMSECO CORPORATION

SIKA CHEMICAL CORP.

SILVER LINE BRAKE CORP.

ALLIED ENGINEERING & CONSULTING
SINGER SAFETY PRODUCTS, INC,
S!OUX TOOLS INTERNATIONAL, LTD.
CARLSON MACHINE CO,

CARLSON TOTAL POWER CO.

PLAIN STATES POWER PRODUCTS CO.

SMARDAN SUPPLY COMPANY
SMARDAN PIPE & SUPPLY

SMITH-BENNETT
INDIO PIPE & SUPPLY, INC.

BEAR AUTOMOTIVE SERVICE EQUIPMENT COMPANY
AUTOMOTIVE DIAGNOSTICS

ALAN TEST PRODUCTS

SONY CORPORATION OF AMERICA

MANITOWAC

SOUTHWESTERN CEMENT ENT, INC.

VICTOR CEMENT

CARPENTER INDUSTRIES, INC.
CARPENTER BODY WORKS, INC,

SARCO COMPANY

SPRAYED INSULATION INC,
SPRAYON INSULATION & ACOUSTICS, INC.

CENTURY PIPE
BAY AREA KENWORTH CO.

NABORS TRAILERS, INC.

SAN PABLO AUTOMOTIVE SUPPLY
S.P. AUTOMOTIVE

APPIAN AUTO SUPPLY

S&S DISTRIBUTORS

GATEWAY SHIPWRIGHTS,

49. © Copvright 2003 Brayton %Purcelt

© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSSTANFORD HOSPITAL & CLINICS STANFORD HEALTH SERVICES:

2 || STANDARD MOTOR PRODUCTS, INC, EIS BRAND BRAKES
CALI BLOCK
3
STANDARD PACIFIC CORPORATION — STANDARD PACIFIC, L.P.
4
STANDEX INTERNATIONAL TOASTWELL COMPANY
5} CORPORATION
6 || STANLEY ENTERPRISES, INC. LEVINE'S AUTO SUPPLY CO.
; ROX AUTOMOTIVE
3 || STA-RITE INDUSTRIES, INC. BERKELEY PUMP COMPANY
STEAM SALES & SERVICE CO. AMERICAN EXPORT ISBRANDTSEN
91 ISBRANDTSEN COMPANY
PROSPERITY, INC,
10 | PANTEX PRESSING MACHINE, INC.
11 | STERIS CORPORATION AMSCO INTERNATIONAL, INC.
12 | STERLING FLUID SYSTEMS (U.S.A.), INC. LA BOUR PUMPS, A MEMBER OF THE
t STERLING FLUID SYSTEMS GROUP
13] THE STERLING FLUID SYSTEMS GROUP
val PEERLESS PUMP COMPANY
STEWART-WARNER SOUTH STEWARD CO.
15 {| WIND CORPORATION
16 | srockToN Box AMERICAN RIVER PINE
17 | STRUCTURAL FIREPROOFING, "_ FIREPROOFING, INC.
ist INC. QUAD C CORPORATION
STUART-WESTERN, INC. STUART RADIATOR CORE MANUFACTURING CO., INC.
19] STUART RADIATOR SALES, INC.
j STUART RADIATOR DISTRIBUTORS, INC.
20 STUART WESTERN, INC.
l WESTERN BRAKE & AUTOMOTIVE SALES, INC.
214 WESTERN BRAKE INCORPORATED
» / WESTERN BRAKE INDUSTRIES, INC.
|| STRUCTURAL COATING, INC. AMERICAN ENERGY PRODUCTS CORP.
23 | SPRAYON RESEARCH CORP,
4 SPRAYED INSULATION, INC,
245 SPRAYON INSULATION AND ACOUSTICS, INC.
25 || STURLA, INC., MEDALLION BARWICK-PACIFIC CARPET COMPANY
46 CARPETS DIVISION
SUNBEAM CORPORATION NORTHERN ELECTRIC COMPANY

27 SUNBEAM HOLDINGS, INC.
SUNBEAM APPLIANCE SERVICE COMPANY
28 OSTER CORPORATION

i “Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} - ASBESTOS5] SUZORITE MINERAL PRODUCTS

6 || SWANSON FORD, INC.

7 || SWECO, INC.

8} SWIFT & COMPANY

al
10

11 || SYD CARPENTER MARINE
CONTRACTOR, INC.

SYAR INDUSTRIES, INC,
SYBRON CHEMICALS, INC.

SYNKOLOID COMPANY, THE

INDIO COOLING & HEATING SUPPLY

SUPERIOR AIR PARTS, INC., DBA SUPERIOR
TURBINE DIVISION

OAK VALLEY RANCH

SUPERIOR DISTRIBUTION

C.B, DEDMON, INC,

PIONEER TALC COMPANY

PAUL SWANSON, INC.
SOUTHWESTERN ENGINEERING CO,
SWIFT POULTRY COMPANY
VALLEJO BUILDING MATERIALS
WILMONT CASTLE COMPANY

SYD CARPENTER COMPANY

THE ARTRA GROUP
MURALO CORPORATION
BALTIMORE PAINTS
DUTCH BOY CORPORATION

SYNTEX CORPORATION
AMERICAN MONORAIL

PALO ALTO BUILDING SUPPLY, INC.
PALO ALTO MATERIALS

T&N PLC

ATLAS ASBESTOS COMPANY, LTD.

ATLAS TURNER, INC.

ATLAS-TURNER COMPANY, LTD.

BELL ASBESTOS MINES, LTD.

CASSIAR ASBESTOS COMPANY, LTD.
CERTAIN-TEED PRODUCTS CORPORATION
CONTINENTAL PRODUCTS CORP,

CORK MANUFACTURING COMPANY
FLEXITALLIC GASKET COMPANY, INC.
HAVELOCK ASBESTOS MINES (SWAZILAND), LTD.
4.W. ROBERTS LIMITED

KEASBEY & MATTISON COMPANY
KEASBEY & MATTISON, INC.

NEWALLS INSULATION COMPANY LIMITED
NUTURN CORPORATION

FERODO AMERICA, INC.

FEDERAL MOGUL

SHABANI & MASHABA MINES (PVT), LTD.
TURNER & NEWALL HOLDINGS (PTY), LTD.
TURNER & NEWALL INDUSTRIES, INC.

3) © Copvright 2003 Bravion Purcelt
G BRAYTON PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} - ASBESTOS:TAYLOR PLUMBING SUPPLY COMPANY

| TAYLORED INDUSTRIES, INC.

~

TARKETT, INC,
TELEDYNE, INC.
TENNECO INC,

COMPANY INC,

TENNECO PACKAGING INC,
| TEREX CORPORATION

| TENNECO AUTOMOTIVE OPERATING

TURNER & NEWALL, LTD.

TURNER & NEWALL, PLC.

TURNER & NEWALL INTERNATIONAL, LTD.
TURNER ASBESTOS FIBERS, LTD.

TURNER BROTHERS ASBESTOS COMPANY LIMITED
UNITED GASKET CORP.

UNITED FABRICATED

WASHINGTON CHEMICAL COMPANY LIMITED

GLOBE PLUMBING SUPPLY CO.
TAYLORED INSTRUMENTS

GAF CORPORATION - FLOORING DIVISION
RYAN AERONAUTICAL CO.

TENNECO CORPORATION
TENNESSEE GAS TRANSMISSION CO.
TENNECO OIL CO,

TENNECO RESINS

TENNECO CHEMICAL

DIAMOND PULP AND PAPER

TENNECO AUTOMOTIVE, INC,

WALKER MANUFACTURING COMPANY

MONROE AUTO EQUIPMENT COMPANY

MONROE MUFFLER

NORTH AMERICAN ORIGINAL EQUIPMENT OPERATIONS,
A DIVISION OF TENNECO AUTOMOTIVE, INC.

NORTH AMERICAN AFTERMARKET OPERATIONS,
A DIVISION OF TENNECO AUTOMOTIVE, INC.

A&E PLASTICS

NORTHWEST ENGINEERING COMPANY
NORTHWEST CRANE, INC,

P&H MACHINE

? & H MATERIAL HANDLING

P & H HARNISCHFEGER CORPORATION
HARNISCHFEGER CORPORATION
AMCA-KOEHRING COMPANY

KOEHRING CRANES, INC.

KOEHRING CRANES AND EXCAVATORS, INC.
KOEHRING COMPANY .
KOEHRING COMPANY, LORAIN DIVISION
LORAIN CRANE COMPANY

TEREX CRANES « WAVBERLY OPERATIONS
BUCYRUS CONSTRUCTION PRODUCTS, INC,
UNIT RIG CANADA LTD.

Mé&M ENTERPRISES OF BARAGA, INC.

NEW TEREX HOLDING CORP.

PPM CRANES, INC.

TEREX AERIALS, INC,

TEREX AMERICAN CRANE CORPORATION
TEREX ATLANTICO, INC,

32 2 Coputints 2003 Bravton Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF Co} ~ ASBESTTEREX CORPORATION
{Continued},

TEXTRON INC
TEXTRON MARINE & LAND SYSTEMS

| TFI BUILDING MATERIALS, INC.

| THERMA CORPORATION

THERMAFIBER, LLC

TEREX BARAGA PRODUCTS, INC.

TEREX CRANES, INC.

TEREX CREDIT CORP.

TEREX INTERNATIONAL EXPORTS, INC.
TEREX LIFTING

TEREX MATERIAL HANDLING CORP.
TEREX MINING EQUIPMENT, INC.
TEREX-TELELECT, INC.

TEREX WEST COAST, INC.

TEREX OF WESTERN MICHIGAN, INC.
TOWER CRANES, INC,

AMERICAN CRANE CORPORATION
AMERICAN MANUFACTURING COMPANY
AMERICAN HOISE & DERRICK COMPANY
AMDURA

TEXTRON LYCOMING

HAWAIIAN TEXTRON, INC.
BELL AEROSPACE CORPORATION

SAN DIEGO PIPE & SUPPLY CO., INC.

‘TFi MATERIALS SUPPLY, INC.

TFI BUILDING MATERIALS, INC. - SOUTH

TFI BUILDING MATERIALS, INC. - NORTH .
SUNLIGHT ELECTRIC SUPPLY CO,, INC. - SOUTH
IMPERIAL VALLEY BUILDING SUPPLY CO., INC,
APPLIANCE DISTRIBUTORS INCORPORATED
‘TF! BUILDING MATERIALS WATERWORK, INC.
MORRELL’S CORPORATION

COAST ELECTRICAL WHOLESALE SUPPLY, INC.
ALLIED PIPE & SUPPLY, INC.

PLANTE PIPE & SEAL COMPANY, INC.

A-C SUPPLY, INC.

WEST PIPE AND SUPPLY CO., INC.

GARDEN GROVE PIPE & SUPPLY

THERMA-TRANE

THERMA-TRANE AIR CONDITIONING COMPANY
OF SAN JOSE, INC.

AMERICAN ROCK WOOL CORP.

COAST INSULATING CORPORATION

COAST INSULATING PRODUCTS

UNITED STATES GYPSUM COMPANY

BLACK CLAUSEN

DEE ENGINEERING COMPANY

REZNOR

3B ePurcell

3
| sé BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL [INJURY [AND LOSS OF CONSOR’ ~ ASBESTOSTHORPE INSULATION COMPANY 1.7. THORPE & SON
. THE THORPE COMPANY
ASBESTOS PRODUCTS CORPORATION

2
ASBESTOS PRODUCTS COMPANY OF SAN DIEGO
3 PLANT INSULATION CO.
PLANT MANUFACTURING CO,
4 THORPE PRODUCTS CO.
5 || THE THORPE COMPANY THORPE INSULATION
J.T. THORPE & SON
6
| THRUSH CO., INC. THRUSH INC.
7
THURMAN INDUSTRIES, INC. PAY & PAK
8
| TIMEC COMPANY, INC. THE INDUSTRIAL MAINTENANCE ENGINEERING
9] CONTRACTING CO.
10 | TIMPTE INDUSTRIES, INC. TIMPTE, INC.
11 | TISHMAN REALTY & CONSTRUCTION STEVELAND, INC.
12 | TMD FRICTION INC. TEXTAR
13 | TOASTMASTER, INC, TOASTMASTER PRODUCTS DIVISION,
MoGRAW ELECTRIC CO.
14 McGRAW-EDISON COMPANY
McGRAW-ELECTRIC COMPANY
15 COOPER INDUSTRIES, INC.
16 || TOM RUSSELL PAINTING ECKELMAN PAINTING & DRYWALL, INC.
17 | TRIANGLE DISTRIBUTING CO, HEIMARK DISTRIBUTING
18 TREMON, INC. MONUMENT AUTO PARTS
19 | TRUCK AND AUTO SUPPLY, INC. TRUCPARCO
20 || TURBODYNE ELECTRIC TURBODYNE-EDISON POWER CORP.
| POWER CORPORATION
21]
» | UBE AMERICA INC. UBE CYCON, LTD.
| ULTRASYSTEMS CONSTRUCTION OFCCO CONSTRUCTION CO., INC.
231) co, ING. WESTERN PETRO-CHEM. SEVICES, INC.
24 || UNION CARBIDE CORPORATION UNION CARBIDE CHEMICALS AND PLASTICS
COMPANY, INC.
25 UNION CARBIDE AND CARBON PRODUCTS
LINDE AIR PRODUCTS COMPANY
26 THE DOW CHEMICAL COMPANY
27 UNISYS CORPORATION SPERRY RAND CORPORATION
MEMOREX CORPORATION

dif

i $4 © Copyright 2003 Brayton Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.UNITED GRINDING
TECHNOLOGIES, INC.

UNITED DOMINION
UNITED REFRIGERATION, INC,

UNITED STATES GYPSUM
COMPANY

UNITED STATES MINERAL
PRODUCTS COMPANY

UNIVERSITY MECHANICAL &
ENGINEERING CONTRACTORS, INC.

UNOYA INC.
| THE UTILITY SUPPLY GROUP, INC,

BLOHM & VOSS

WEIL MCCLAIN

NATIONAL REFRIGERANTS, INC,
THERMAL PRODUCTS, INC.

SPRAYON RESEARCH CORP,

SMITH AND KANZLER CO., INC.
SMITH AND KANZLER CORPORATION
SPRAYED INSULATION, INC.

3.K. INSULROCK CORPORATION
SPRAYON RESEARCH CORPORATION
SPRAYON INSULATION AND ACOUSTICS, INC.
SPRAYED INSULATION INC.
DURABOND

DENEK ETERNIT FABRIK

EJ. BARTELLS COMPANY

A.P. GREEN INDUSTRIES, INC.
PERTATAPE CEMENT

VANNUCCHI BROTHERS CONSTRUCTION
ARATEX SERVICES, INC.

PHILIP CAREY

SMITH AND KANZLER CO., INC.

SMITH AND KANZLER CORPORATION
SPRAYED INSULATION, INC.

§.K, INSULROCK CORPORATION

SPRAYON RESEARCH CORPORATION
SPRAYON INSULATION AND ACOUSTICS, INC.
SPRAYED INSULATION INC.

DALEN CORPORATION

ISOLATEK CORPORATION

NEW VENTURE CORPORATION

UNITED STATES MINERAL WOOL COMPANY
NEW YORK STEAM COMPANY

COLUMBIA MINERAL WOOL COMPANY
COLUMBIA ACOUSTICS AND FIREPROOFING COMPANY
ROOF MEMBRANE SERVICE CORPORATION
WEATHER-SHIELD SYSTEMS CORPORATION

KALAMAZOO, INC.

JWP WEST
E.H. MORRIL COMPANY

LANDIS GARDNER

PARKSON PIPELINE MATERIALS
PARKSON, INC,

UTILITY TRAILER SALES OF SALT LAKE INC.

33 © Copyright 2003 Brayton Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY {AND LOSS OF CONSORTIUM] - ASBESTOSeo 0 OM a DH NW & WN

VALLEN SAFETY SUPPLY COMPANY

VAN ARSDALE-HARRIS
LUMBER COMPANY

VANARCO

| VAN NORMAN EQUIPMENT CO., INC.

| VENSON, INC.

VENTFABRICS, INC.
VENTON PLASTERING

VIACOM, INC.

} VIAD CORP.

VIKING AUTO SUPPLY, INC.
VIKING PUMP INC,
VINNELL CORPORATION

VOITH FABRIC CO.

| VOLVO CONSTRUCTION EQUIPMENT

NORTH AMERICA, INC.

VALLEN CORPORATION
ENCON

VAN ARSDALE-HARRIS COMPANY
VANARCO

VAN ARSDALE-HARRIS COMPANY
VAN ARSDALE-HARRIS LUMBER COMPANY

VAN NORMAN MACHINE CO., INC.
VAN NORMAN INDUSTRIES, INC.
HW BUTTERWORTH & SONS COMPANY

AUTO PARTS COMPANY
VENTFABRICS ACQUISITION, INC.
VENTON PLASTERING, INC.

CBS CORPORATION

WESTINGHOUSE ELECTRIC CORPORATION
WESTINGHOUSE ELECTRIC AND
MANUFACTURING COMPANY

KPIX TELEVISION STATION

ARMOUR AND COMPANY
ARMOUR & CO.

ARMOUR & COMPANY

THE GREYHOUND CORPORATION
G. ARMOUR ARIZONA COMPANY
ARIZONA DIAL

if | CORPORATION

BALDWIN LOCOMOTIVES
BALDWIN LOCOMOTIVE WORKS
LIMA-HAMILTON CORPORATION
LIMA LOCOMOTIVE WORKS
BALDWIN-LIMA-HAMILTON CORPORATION
BALDWIN-LESSING-HAMILTON
THE MIDVALE COMPANY

THE DIAL CORPORATION

THE NEW DIAL CORP.

DON’S AUTO PARTS
IDEX CORPORATION

VINNEL CONSTRUCTION CO., INC.
INDEPENDENT IRON WORKS

APPLETON MILLS
JM VOITH GMBH
LINDSAY WIRE, INC.

V.M.E. AMERICAS, INC.
CLARK MICHIGAN COMPANY

36 © Copyright 2003 Brayton ¥ePurcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL fh ¥ [AND LOSS OF CONSORTIUM] - ASBESTOS| VOLVO TRUCKS NORTH
| AMERICA, INC.

4 | YONS COMPANIES, INC. (THE)

7
BRAYTON PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF

WHITE MOTOR COMPANY
WHITE MOTOR CORPORATION
OLIVER TRACTORS

OLIVER CORPORATION
AUTOCAR

JERSEYMAID

VON HOUSEN MOTORS, INC.

GRINZEWITSCH ENTERPRIZES, INC.
GRINZEWITSCH ENTERPRIZES, INC.

FRESNO EQUIPMENT CO.

HANDY DAN HOME IMPROVEMENT CENTERS, INC.
3 & BSUPPLY CO,

AEROLINE, INC.

ANGELS HOME IMPROVEMENT CENTER, INC.
SANDY K CO. POMONA

DAYLIN, INC,

BONANZA

THRIFT BUILDER SUPPLY

HENRY ADHESIVE

WALDRON, DUFFY & SMITH, INC.

WALWORTH & WALWORTH PLUMBING SUPPLY
WANKE CASCADE

WHEELABRATOR-FRYE, INC,
WHEELABRATOR TECHNOLOGIES, INC.

WATERMAN FURNACES
FENCHURCH, INC.
SCHICK INCORPORATED
SCHICK ELECTRIC, INC.

WAYNE HOME EQUIPMENT, DIVISION
WAYNE COMBUSTION SYSTEM

WEAVER’S AUTO PARTS
LOCKPORT DRYER FELTS

HUYCK-FORMEX
HUYCK FORMING FABRICS ©

WESTERN BOILER CO.
MISSION CHRYSLER-PLYMOUTH, INC,

2 *!
TUM] - ASBESTOS

elWESTERN BLENDED PRODUCTS MIRACLE & WESTERN

. WESTERN & MIRACLE STUCCO
2 WESTERN STUCCO
3 || WESTBURNE SUPPLY, INC, P.E. O'MAIR & CO.
AIR COLD SUPPLY, INC.
4 OAKLAND PLUMBING SUPPLY
5 || THE WELDING WAREHOUSE PACIFIC WELDING
6 || WESTERN BOILER Co. WEBCO, INC.
7 || WESTERN BUILDING MATERIAL SCHARPFS
3 CORPORATION TWIN OAKS
|, WESTERN BUILDING PRODUCTS G.A.R. TANK CO.
9 WESTERN ASBESTOS CO.
10 || WESTERN INSULATION & HUNTER INSULATION, INC.
al SUPPLY CO, INC.
WESTERN MAC ARTHUR WESTERN ASBESTOS CO.
12], COMPANY MAC ARTHUR COMPANY
B i BAY CITIES ASBESTOS COMPANY
WESTPOINT STEVENS INC, J.P, STEVENS & COMPANY
14 WEST POINT PEPPERMILL
15 || WEYERHAEUSER COMPANY WEYERHAEUSER COMPANY OF TACOMA WA
16 | WHIRLPOOL CORPORATION ROPER
7 . ADMIRAL
1
WHITTAKER CONTROLS, INC, MEGGITT SAFETY SYSTEMS INC.
18 WHITTAKER CORPORATION
19]
WHITE CONSOLIDATED DITO DEAN FOOD PREP.
20 INDUSTRIES, INC. FRIGIDAIRE
1 KELVINATOR
WHITE MOTOR COMPANY ALCO PRODUCTS, INC.
22 ALCO POWER, INC.
33 STUDEBAKER- WORTHINGTON CORP,
aal WICKES INC. . WICKES LUMBER CO.
|| WILBUR-ELLIS COMPANY LH. BUTCHER COMPANY
25 | WILBEL, INC.
26 | WILLARD MARINE DECKING CO, 3 & H MARINE & INDUSTRIAL
| ENGINEERING COMPANY
27 LORELITE
28 || WILLIAM LYON COMPANY, THE PRESLEY OF SOUTHERN CALIFORNIA

Copyright 200: sePurcel
| GBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSWILSON-CORNELIUS FORD CLAUDE WILSON FORD

WISMER & BECKER CONTRACTING WISMER & BECKER, INC.

ENGINEERS. ATK CONSTRUCTION, LTD.
WORKSAFE INDUSTRIES, INC. EASTCO INDUSTRIAL SAFETY CORP

CHARKATE WORK SAFE MANUFACTURING CO,

WYETH, INC. WYTH-AYERST LABORATORIES, INC.
° LEDERLE LABORATORIES, INC.
WYETH LABORATORIES, INC.
AMERICAN HOME PRODUCTS CORPORATION
AMERICAN CYANAMID COMPANY
BLOOMINGDALE RUBBER COMPANY
BLOOMINGDALE RUBBER PRODUCTS,
CYTEC INDUSTRIES, INC.
CHEMICALS GROUP
INDUSTRIAL CHEMICAL PRODUCTS DIVISION

Oo 2 NA H&B ww

3

YORK HEATING AND AIR LILLARD CO.
11 || CONDITIONING

12} YRUETA DRYWALL & YRUETA-BASCO COMPANY

PAINTING COMPANY YRUETA COMPANY

13] YRUETA BROS. CO.
| YRUETA BROS. ACCOUSTICAL
14 CARLOS YRUETA
FRED YRUETA
15] HORACIO YRUETA
16 || YRUETA-BASCO COMPANY YRUETA DRYWALL & PAINTING COMPANY
| - YRUETA COMPANY
7 YRUETA BROS. CO.
YRUETA BROS, ACCOUSTICAL
18} CARLOS YRUETA
i FRED YRUETA
19 HORACIO YRUETA
20 ZIEGLER LUMBER COMPANY BIG BEAR LUMBER
21 f ZEMEX CORPORATION SUZORITE MINERALS, INC.
| PIONEER TALC COMPANY
22
ZIDELL MARINE CORPORATION ZIDELL EXPLORATION, INC,
234
ZURN INDUSTRIES, INC. ZURN INDUSTRIES, INC., ENERGY DIVISION
24 ERIE CITY IRON WORKS
ERIE CITY BOILERS

7. At all times herein mentioned, defendants, their ALTERNATE ENTITIES, andtl supplying, selling, inspecting, endorsing, testing, authorizing, approving, certifying, facilitating,
promoting, representing, servicing, installing, contracting for installation, repairing, marketing,
| warranting, cebranding, manufacturing for others, packaging, specifying, requiring, mandating, of
otherwise directing and/or facilitating the use of, or advertising a certain product, namely
asbestos and other products containing asbestos.

8. At all times herein mentioned, defendants, their ALTERNATE ENTITIES and

10 supplied, sold, inspected, serviced, authorized, approved, certified, facilitated, promoted,

installed, represented, endorsed, contracted for installation of, repaired, marketed, warranted,
rebranded, manufactured for others, packaged and advertised, a certain product, namely asbestos,
|| and other products containing asbestos, in that said products caused personal injuries to users,
consumers, workers, bystanders and others, including the plaintiff herein, (hereinafter

| collectively called “exposed persons"), while being used in a manner that was reasonably

“exposed persons”.
9. Defendants, their ALTERNATE ENTITIES, and each of them, had a duty to

i 60. ight 200: o
| O BRAYTON? PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:12, Defendant MacARTHUR COMPANY, from May 1967 to present, was the parent
corporation of WESTERN MacARTHUR COMPANY and the owner of 100% of all shares of
3 | stock of WESTERN MacARTHUR COMPANY.

|

|

8 | ego of WESTERN MacARTHUR COMPANY in that:
14. WESTERN MacARTHUR COMPANY is and at all times herein mentioned was
| 4 mere shell or sham without adequate capital assets or stockholders. WESTERN MacARTHUR|
COMPANY was conceived, intended, and used by defendant MacARTHUR COMPANY asa
|| device to avoid liability and for the purpose of substituting a financially insolvent corporation in
the place of defendant MacARTHUR COMPANY;

15, WESTERN MacARTHUR COMPANY is and at all times herein mentioned was
15 | so inadequately capitalized that compared with the business done by WESTERN MacARTHUR
16 | COMPANY and the risks of foss attendant thereto, this capitalization was illusory or trifling;
17 | 16. | MacARTHUR COMPANY used the assets of WESTERN MacARTHUR
18 | COMPANY for its own uses and caused assets of WESTERN MacARTHUR COMPANY to be
19] transferred without adequate consideration and withdrew funds from WESTERN MacARTHUR

13. There exists, and at all times herein mentioned there existed, 3 unity of interest

ul

17. MacARTHUR COMPANY completely controlled, dominated, managed, and
operated both WESTERN MacARTHUR COMPANY and MacARTHUR COMPANY,
intermingled the assets of each unit to suit the convenience of MacARTHUR COMPANY, which
24 | resulted in the concentration of assets in MacARTHUR COMPANY and the liabilities in
| WESTERN MacARTHUR COMPANY to the detriment of plaintiff and creditors;

18. WESTERN MacARTHUR COMPANY was a mere shell, ieatromentality and

3. Purcell
G BRAYTON PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM]. ASBESTOSincorporation, exercising complete control and dominance of WESTERN MacARTHUR
COMPANY to such an extent that any individuality or separateness of WESTERN
MacARTHUR COMPANY and MacARTHUR COMPANY does not and at all times herein
mentioned, did not exist.

i9. | WESTERN MacARTHUR COMPANY is and at all times herein was controlled,
dominated and operated by MacARTHUR COMPANY as its own business and alter ego in that
the activities and business of WESTERN MacARTHUR COMPANY were carried on without
the holding of directors’ or shareholders’ meetings, no records or minutes of any corporate
proceedings were maintained, and defendant MacARTHUR COMPANY entered into beneficial
transactions with WESTERN MacARTHUR COMPANY without the approval of its directors.

20. Adherence to the fiction of the separate existence of WESTERN MacARTHUR
COMPANY as an entity distinct from MacARTHUR COMPANY would permit abuse of the
corporate privilege and would produce an inequitable result in that MacARTHUR COMPANY
made loans to WESTERN MacARTHUR COMPANY and guaranteed certain of its obligations
thereby enabling WESTERN MacARTHUR COMPANY to continue active business without
adequate financing and without capital stock which business continuation invited the public
generally to deal with defendant WESTERN MacARTHUR COMPANY and allowed it to
continue in business as a going concern.

21, Defendants PNEUMO ABEX CORPORATION; HONEYWELL, INC.
(successor-in-interest to ALLIEDSIGNAL, INC.); AUTO SPECIALTIES MANUFACTURING
COMPANY; BRASSBESTOS BRAKE LINING COMPANY; BRIDGESTONE/FIRESTONE,
INC.; THE BUDD COMPANY; DAIMLERCHRYSLER CORPORATION; DANA
CORPORATION; FORD MOTOR COMPANY; GATKE CORPORATION; GENERAL
MOTORS CORPORATION; LEAR-SIEGLER DIVERSIFIED HOLDINGS CORP.;
MAREMONT CORPORATION; MORTON INTERNATIONAL, INC.; PARKER-HANNIFIN
CORPORATION; REDDAWAY MANUFACTURING COMPANY; RITESET
MANUFACTURING COMPANY; SOUTHERN POWER, INC.; STANDARD MOTOR
PRODUCTS, INC. (E.LS. BRAND BRAKES), THIOKOL CORPORATION, as well as certain

tenn erent onsen © Copy Tight 2003 Braytoa PPurcell

SBRAVION® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.

iI similar i in composition, application, use, and performance, and were interchangeable with brake
| products produced by the other said defendants. Before, during, and after inspection and
|| replacement of worn brake products, plaintiff was exposed to asbestos from said products,
Producers of the brake products that caused plaintiff's injuries as hereinafter set forth cannot
presently be identified, through no fault of plaintiff.

22, The aforementioned asbestos-containing brake products were hazardous when

| used as intended, toxic, and carcinogenic and used in conjunction with one another, resulted in
12 | cumulative injury and harm to the plaintiff herein. Under applicable case law, it is the burden of

|| products, which products were defective as alleged herein, during the time in question. Clutch
| products produced by each of said defendants were fungible, in that they were substantially
similar in composition, application, use, and performance, and were interchangeable with clutch| Producers of the clutch products that caused plaintiff's injuries as hereinafter set forth cannot
presently be identified, through no fault of plaintiff.
24, The aforementioned asbestos-containing clutch products were hazardous when

2
3

4] used as intended, toxic and carcinogenic and used in conjunction with one another, resulted in

Raybestos-Manhattan (1992) 8 Cal.App. 4th 1152 and Pereira v. Dow Chemical Company, Inc,
i (1982) 129 Cal. App.3d 865.

25. Defendants PNEUMO ABEX CORPORATION; HONEYWELL, INC,

16 | AND ENGINE CORPORATION (fka NAVISTAR INTERNATIONAL TRANSPORTATION
17 | CORPORATION), REDDAWAY MANUFACTURING COMPANY; SOUTHERN POWER,
18} INC.; MERITOR AUTOMOTIVE GROUP, as well as certain of the bankrupt entities, supra, and

1 each of them, produced, represented, promoted, endorsed, or otherwise constitute a substantial

20
21
22 || defendants were fungible, in that they were substantially similar in composition, application, use,
23] and performance, and were interchangeable with truck brake products produced by the other said
24| defendants. Before, during, and after inspection and replacement of worn truck brake products,
plaintiff was exposed to asbestos from said products. Producers of the truck brake products that
caused plaintiff's injuries as hereinafter set forth cannot presently be identified, through no fault
of plaintiff.

share of the market for asbestos-containing truck brake products, which products were defective
as alleged herein, during the time in question. Truck brake products produced by each of said

i B Purcell
O BRAYTON: L MASTER AINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSwo em SN Aw we

10

26, The aforementioned asbestos-containing truck brake products were hazardous
when used as intended, toxic, and carcinogenic and used in conjunction with one another,
resulted in cumulative injury and harm to the plaintiff herein. Under applicable case law, it is thel
burden of the defendants as listed in paragraph 25 above, their ALTERNATE ENTITIES, and
each of them, to prove the asbestos and asbestos-containing products manufactured, sold,
supplied, applied, or distributed by them were not a cause of plaintiff's injury, damage, loss, or
harm, in accordance with the holdings of Sindell_v. Abbott Laboratories (1980) 26 Cal.3d 588;

Wheeler v. Raybestos-Manhattan (1992) 8 Cal.App. 4th 1152 and Pereira v. Dow Chemical
Company, Inc. (1982) 129 Cal.App.3d 865.

27. Said defendants, with knowledge of the aforestated design defect, set,
recommended, determined, and otherwise mandated, the timing and procedural standards and
routine methods for replacement and servicing of the asbestos-containing brake and clutch
products. , .
28. Defendant UNDERWRITERS LABORATORIES, INC. conducted tests on
consumer products and approved, certified, endorsed, or otherwise sanctioned products for
safety, including asbestos containing products manufactured, designed, processed, marketed,
distributed, applied, and/or sold by defendants and/or conspirators, as hereinafter setforth.
Defendant UNDERWRITERS LABORATORIES, INC. required, or otherwise recommended or
sanctioned, that asbestos be used in some products. Said acts or omissions were negligent.
Defendant UNDER WRITERS LABORATORIES, INC., was a link in the chain of product
distribution. Defendant UNDERWRITERS LABORATORIES, INC. knew or should have
known of the dangerous propensities of asbestos and asbestos-containing products, and did
nothing to warn consumers of these hazards, and in fact, suppressed, minimized, understated,
denied, and otherwise purposefully corrupted the evidence of said hazards in its certification and
underwriting of product’s safety, all the while knowing the importance consumers placed on
UNDERWRITERS LABORATORIES, INC. approval.

29. Defendant AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL
HYGIENISTS, INC. (ACGIH) sets guidelines for occupational health called Threshold Limit

SBRAYTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY {AND LOSS OF CONSORTIUM] - ASBESTOSoe me IY DN NH eR YW NY

Values (TLVs). These guidelines are relied on by OSHA (the Occupational Safety and Health
Administration} in the United States and similar agencies around the world. Criticisms of the
guide-line setting process have pointed to problems with data collection, inadequate research,
overwhelming dependence on data supplied by financially interested corporations, and slow
response to advances in medical information. In carrying out the aforesaid acts, the ACGIH was
negligent in their failure to analyze or critically evaluate previously published literature, or
review and incorporate current literature, failure to adequately assess the financially motivated
scientific data provided by asbestos corporations, their insurers, and medical consultants, and
their limited review process, including but not limited to the following representative list:

(a) The NATIONAL CONFERENCE OF GOVERNMENT INDUSTRIAL
HYGIENISTS (NCGIH) was formed in 1938. In 1942, the NCGIH began to develop a list of
proposed Maximum Permissible Concentrations (MPC) or Maximum Allowable Atmospheric
Concentrations, for various hazardous atmospheric substances, including asbestos. In the,
minutes of the Fifth Annual Meeting in 1942, the MPC Subcommittee internally noted that the
MPC's were “not to be construed as recommended safe concentrations.” In 1946, the NCGIH
was renamed the AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL
HYGIENISTS, INC, (ACGIH), and despite the internally acknowledged inadequacy of the
asbestos MPC or the lack of any research by the ACGIH, they adopted, circulated, represented,
and otherwise promulgated a 5 million particles per cubic foot (mppef) asbestos guideline based
on a faulty study performed by Dr. W.C. Dreessen in 1938 at a textile plant in North Carolina.

(b) in 1947, the ACGIH vaguely defined the MPC as “that amount of gas, vapor,
fume, or dust which can be tolerated by man with no bodily discomfort nor impairment of bodily
function, either immediate or after years of exposure.” In 1948, they changed the name of the
guideline from MPC to Threshold Limit Values (TLV), but still failed to adequately define the
guideline or verify its propriety or scientific justification. In 1953, they issued a new conflicted
definition, describing the guideline as both an “average” and a “maximum”. Despite their failure
to conduct any new evaluations or research, in 1961, the ACGIH propounded a new definition of
the TLV as a “time-weighted average concentration”. While arbitrarily adopting and changing

66 © Copyright 2003 Bravton %Purce!t
OBRAYT! PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} - ASBESTOSthe definition of the TLV, the ACGIH never performed any studies to test the scientific validity
of the 5 mppef TLV guideline.

(c) In 1968, the ACGIH reviewed the 5 mppcf guideline, and replaced it with a2
mppef guideline. However, the ACGIH negligently published the new guideline as 12 moppef,
never intending said numeric figure to be the actual recommended guideline. Despite internally

(d) Despite decades of scientific studies linking asbestos to cancer, the ACGIH
ignored the carcinogenic dangers of asbestos until 1974.
9 30. Atal times herein mentioned, each of the named Defendants in Exhibit L, their
10 ALTERNATE ENTITIES, DOES 801-825, and each of them (hereinafter known ag GRINDING
WHEEL DEFENDANTS), was the successor, successor in business, successor in product line or
a portion thereof, assign, predecessor, predecessor in business, predecessor in product line ora i

i partially owned by, or the whole or partial owner of or member in an entity researching, studying
manufacturing, fabricating, designing, modifying, labeling, assembling, distributing, leasing,
| Selling, supplying, marketing, inspecting, servicing, Tepairing, warranting, packaging, specifying,

|

17 requiring, mandating, or otherwise directing and/or fociltating the use of, or advertising grinding

22 plaintiff's remedy against each such ALTERNATE ENTITY; defendants, and each of them, have
23 || acquired the assets, product line, or a portion thereof, of each such ALTERNATE ENTITY;

24 | defendants, and each of them, caused the destruction of plaintiff's remedy against each such

i it B;
| O BRAYTON PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] ASBESTOSEFENDAN. ALTERNATE ENTITY
| INDUSTRIAL HOLDINGS CORPORATION — CARBORUNDUM COMPANY (THE)
31. At all times herein mentioned, said GRINDING WHEEL DEFENDANTS were

| packaging, specifying, requiring, mandating, or otherwise directing and/or facilitating the use of,
or advertising of grinding wheels, cutting wheels, and related products and equipment.
32. Atall times herein mentioned, said GRINDING WHEEL DEFENDANTS

for sale, supplied, sold, inspected, serviced, authorized, approved, certified, facilitated, promoted,

| repaired, marketed, warranted, rebranded, manufactured for others, packaged, and advertised
certain grinding wheels, cutting wheels, and related products and equipment, in that said _

| products, while being used in a manner that was reasonable, failed to protect users, consumers,

|, workers, and others, including the plaintiff herein, who were in proximity to said grinding

wheels, cutting wheels, and related products and equipment (hereinafter collectively called .

“exposed persons”), from exposure to, and inhalation and ingestion of, asbestos fibers released

| from asbestos-containing transite pipe and from asbestos-containing grinding wheels, cutting

wheels, and related products and equipment, caused by the use of said grinding wheels, cutting

| wheels, and related products and equipment, thereby rendering said devices unsafe and

dangerous for use by “exposed persons."

i 33. Said GRINDING WHEEL DEFENDANTS knew, or should have known, and
intended, that the aforesaid grinding wheels, cutting wheels, and related products and equipment

would be used by consumers, workers, bystanders and others, including the plaintiff herein, in

conjunction with asbestos-containing transite pipe. Said wheels, products and equipment, while

6 i “Purcell
i SBRAVION® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY {AND LOSS OF CONSORTIUM] - ASBESTOS:wheels, and related products and equipment caused by use of said grinding wheels, cutting
wheels, and related products and equipment, resulting in severe and permanent injury to plaintiff,

34. Said GRINDING WHEEL DEFENDANTS failed to warn consumers, workers,
bystanders, and others, including the plaintiff herein, that said machines, products and
equipment, while being used in a manner that was reasonably foreseeable, resulted in exposure to}
asbestos fibers released from asbestos-containing transite pipe and asbestos-containing grinding
wheels, cutting wheels, and related products and equipment caused by use of said grinding
wheels, cutting wheels, and related products and equipment, resulting in severe and permanent
injury to plaintiff.

35. Said grinding wheels, cutting wheels, and related products and equipment were
defective and unsafe for their intended purpose in that said products caused, and failed to
prevent, the inhalation and ingestion of asbestos fibers by plaintiff. The defect existed in said
products at the time they left the possession of the GRINDING WHEEL DEFENDANTS, Use
of said products did, in fact, lead to inhalation and ingestion of asbestos fibers, which causes
serious disease and/or death. The defect in said products did, in fact, cause personal injuries,
including asbestosis, other lung damage, and cancer to "exposed persons", including plaintiff
herein, while being used in a reasonably foreseeable manner thereby rendering the same
defective, unsafe, and dangerous for use.

36. Defendants in Exhibit M, their ALTERNATE ENTITIES, DOES 826-1000, and
each of them (hereinafter referred to as BOILER INSURANCE INSPECTION DEFENDANTS),
through their acts to inspect, monitor, or otherwise maintain boilers and related products, had a
duty of care so as to conduct themselves when they implemented boiler safety inspection
programs as a condition of insurance coverage, not to expose persons, including plaintiff, to
hazards, including asbestos. Throughout his work history, plaintiff came into contact with, or
was otherwise exposed to, certain boilers inspected and certified as safe by said BOILER
INSURANCE INSPECTION DEFENDANTS. Said BOILER INSURANCE INSPECTION
DEFENDANTS negligently inspected, monitored, maintained, or certified said boilers as safe
even though they knew or should have known that the boilers and their appertains contained

Copyright 2003 Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND OF SOR TIUM] - ASBESTOSasbestos and/or asbestos-containing products. As a proximate cause of said BOILER
| INSURANCE INSPECTION DEFENDANTS” negligence, plaintiff suffered asbestos exposure
and asbestos-related injury, damage, loss, or harm.

37. Defendants, their ALTERNATE ENTITIES and each of them, knew, or should
have known, and intended that the aforementioned asbestos and products containing asbestos andj
| related products and equipment, would be transported by truck, rail, ship, and other common
carriers, that in the shipping process the products would break, crumble, or be otherwise
damaged; and/or that such products would be used for insulation, construction, plastering,
fireproofing, soundproofing, automotive, aircraft and/or other applications, including, but not
i limited to unpacking, preparing, using, sawing, drilling, chipping, hammering, scraping, sanding,
breaking, removing, maintaining, inspecting, "rip-out", and other manipulation, resulting in the
release of airborne asbestos fibers, and that through such foreseeable use and/or handling
“exposed persons”, including plaintiff herein, would use or be in proximity to and exposed to
said asbestos fibers, which contaminated the Packaging, products, environment, and clothing of

38. Plaintiff has used, handled, or been otherwise exposed to asbestos and asbestos-
{| containing products referred to herein in a manner that was reasonably foreseeable. Plaintiffs

16}

39. Asa direct and proximate result of the acts, omissions, and conduct of the
defendants, their ALTERNATE ENTITIES, and each of them, as aforesaid, plaintiff's exposure
|| to asbestos and asbestos-containing products caused severe and permanent injury, damage, loss,
or harm to the plaintiff as set forth in Exhibit A, attached to plaintiff's complaint and
incorporated by reference herein.

40. Plaintiffis informed and believes, and thereon alleges, that progressive lung
disease, cancer, and other serious diseases are caused by inhalation or ingestion of asbestos fibers}
it

70. Copyright 200: nm Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS.| without perceptible trauma and that said injury, damage, loss, or harm results from exposure to

2l| asbestos and asbestos-containing products over a period of time.
4{. Plaintiff suffers from a condition related to exposure to asbestos and asbestos-

containing products presented risk of injury and/or disease.
42. Asadirect and proximate result of the aforesaid conduct of defendants, their
| ALTERNATE ENTITIES, and each of them, plaintiff has suffered, and continues to suffer,

permanent injuries and/or future increased risk of injuries to his person, body, and health,

including, but not limited to, asbestosis, other lung damage, and cancer, and the mental and
10 emotional distress attendant thereto, from the effect of exposure to asbestos fibers, all to his
uf
12]

general damage in the sums to be proven at trial.
43. Asa direct and proximate result of the aforesaid conduct of the defendants, their

true and exact cost thereof is ascertained. As a direct and proximate result of the aforesaid
conduct of the defendants, their ALTERNATE ENTITIES, and each of them, plaintiff has
|| incurred, is presently incurring, and will incur in the future, liability for the reasonable value of
medial care provided by plaintiff's family members measured by, inter alia, the costs associated

17|
18
19

ith the hiring a registered nurse, home hospice, or other service provider, the true and exact

44. Asa further direct and proximate result of the said conduct of the defendants,
their ALTERNATE ENTITIES, and each of them, plaintiff has incurred, and will incur, loss of
income, benefits, entitlements, wages, profits, and commissions, a diminishment of earning
27}, potential, and other pecuniary losses, the full nature and extent of which are not yet known to
28 || plaintiff; and leave is requested to amend this complaint to conform to proof at the time of trial.

7 i Purcell
OBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS GF CONSORTIUM] - ASBESTOS:48. Defendants, their ALTERNATE ENTITIES, and each of them, and their officers,
directors and managing agents participated in, authorized, expressly and impliedly ratified, and
had full knowledge of, or should have known of, each of the acts set forth herein.

46, Defendants, their ALTERNATE ENTITIES, and each of them, are liable for the
fraudulent, oppressive, and malicious acts of their ALTERNATE ENTITIES, and each of them,
and each defendant's officers, directors and managing agents participated in, authorized,
expressly and impliedly ratified, and had full knowledge of, or should have known of, the acts of |
each of their ALTERNATE ENTITIES as set forth herein.

47. The herein-described conduct of said defendants, their ALTERNATE ENTITIES,
and each of them, was and is despicable, willful, malicious, fraudulent, outrageous, and in
conscious or reckless disregard and indifference to the safety, health, and rights of “exposed
persons”, including plaintiff herein, giving rise to plaintiff's claim herein alleged for punitive |
damages against said defendants. :

WHEREFORE, plaintiff prays judgment against defendants, their ALTERNATE
ENTITIES, and each of them, as hereinafter set forth.

(Products Liability)

AS AND FOR A SECOND, SEPARATE, FURTHER, AND DISTINCT CAUSE OF
ACTION FOR PRODUCTS LIABILITY, PLAINTIFF COMPLAINS OF DEFENDANTS ON
EXHIBITS B and B-1(DOES 1-800), K (DOES 8001-8500), G (DOES 3501-4999); AND L
(DOES 801-825), THEIR ALTERNATE ENTITIES, AND EACH OF THEM, AND ALLEGES
AS FOLLOWS:

48. Plaintiff incorporates herein by reference, as though fully set forth hereat, the
allegations contained in paragraphs 5-7 and 10-47 of the First Cause of Action herein.

49. Defendants, their ALTERNATE ENTITIES, and each of them, knew and intended
that the above-referenced asbestos and asbestos-containing products, would be used by the
purchaser or user without inspection for defects therein or in any of their component parts and
without knowledge of the hazards involved in such use.

72. © Copyright 2003 Brayton “Purcell
© BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS:| including asbestosis, other lung damage, and cancer to "exposed persons", including plaintiff
| herein, while being used in a reasonably foreseeable manner, thereby rendering the same

i defective, unsafe, and dangerous for use.

| sale, supplying, selling, inspecting, testing, authorizing, approving, certifying, facilitating,

|| and asbestos-containing products, defendants, their ALTERNATE ENTITIES, and each of them,

Hmited to, asbestosis, other hing damages and cancer. Said knowledge was obtained, in part,
from scientific studies performed by, at the request of, or with the assistance of, said defendants,
I their ALTERNATE ENTITIES, and each of them, and which knowledge was obtained by said

| defendants, their ALTERNATE ENTITIES, and each of them on or before 1930, and thereafter.

| ENTITIES and each of them, were aware that members of the general public and other "exposed
| persons", who would come in contact with their asbestos and asbestos-containing products, had

i} © BRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY (AND LOSS OF CONSORTIUM] - ASBESTOS:

50, Said asbestos and asbestos-containing products were defective and unsafe for theif

ALTERNATE ENTITIES, and each of them. Said products did, in fact, cause personal injuries,

Sl. "Exposed persons” did not knew of the substantial danger of using said products.
Said dangers were not readily recognizable by "exposed persons”. Said defendants, their
ALTERNATE ENTITIES, and each of them, further failed to adequately warn of the risks to
which plaintiff and others similarly situated were exposed.

52, In researching, manufacturing, fabricating, designing, modifying, testing or failing
to test, warning or failing to warn, labeling, assembling, distributing, leasing, buying, offering for

promoting, representing, endorsing servicing, installing, contracting for installation, repairing,
marketing, warranting, rebranding, manufacturing for others, packaging and advertising asbestos

did so with conscious disregard for the safety of “exposed persons" who came in contact with
said asbestos and asbestos-containing products, in that said defendants, their ALTERNATE

ENTITIES, and each of them, had prior knowledge that there was a substantial risk of injury or
death resulting from exposure to asbestos or asbestos-containing products, including, but not

33. On or before 1930, and thereafter, said defendants, their ALTERNATE

Z i reelno knowledge or information indicating that asbestos or asbestos-containing products could

cause injury, and said defendants, their ALTERNATE ENTITIES, and each of them, knew that
members of the general public and other "exposed persons”, who came in contact with asbestos
| and asbestos-containing products, would assume, and in fact did assume, that exposure to
f asbestos and asbestos-containing products was safe, when in fact said exposure was extremely
hazardous to health and human life.

54. With said knowledge, said defendants, their ALTERNATE ENTITIES, and each
of them, opted to research, manufacture, fabricate, design, modify, label, assemble, distribute,

om NDA HA & &WoN

lease, buy, offer for sale, supply, sell, inspect, service, install, contract for installation, repair,
10 j| market, warrant, rebrand, manufacture for others, package and advertise said asbestos and

|| asbestos-containing products without attempting to protect “exposed persons” from, or warn

“exposed persons” of, the high risk of injury or death resulting from exposure to asbestos and
| asbestos-containing products, Rather than attempting to protect "exposed persons” from, or warn]
| "exposed persons” of, the high risk of injury or death resulting from