On December 06, 2001 a Answer was filed involving a dispute between Jordan, Cheryl Lynn, Jordan, James, Thomas Dee Engineering Company, and 4520 Corp., Abblummus Global, Inc., A C And S,Inc., A.H. Voss Company, Albay Construction, Allis-Chalmers Corp. Product Liability Trust, American Honda Motor Co., Inc., American Standard, Inc., Asbestos Corp. Limited, Asbestos Corporation Ltd., Asbestos Defendants, Babcock Borsig Power Inc Ref To Db Riley Inc, Blue Diamond Corp., Borg Warner Inc., Borgwarner Inc. Fka Borg-Warner Automotive, Inc., Bragg Investment Company, Inc., Bridgestone Firestone Americas Holdings, Inc., Bridgestone Firestone,Inc., Bridgestone Firestone North American Tire, Llc,, Bwd Automotive, Calaveras Cement Co., Certainteed Corporation, Chevron Products Company, Colonial Sugar Refining Company, Conocophillips Company, Consolidated Insulation, Inc., Crane Co., Crown Cork & Seal Company,Inc., Daimlerchrysler Corporation, Dana Corporation, D. Cummins Corporation, Diamond International Corp., Dillingham Construction N.A.,Inc., Dixon Boiler Works Inc, Dixon Boiler Works, Inc., Does 1-800, Dow Chemical Company, Dresser Industries Inc., D.W. Nicholson Corporation, Eaton Corporation, Elliott Company, Elliott Turbomachinery Co., Inc., Fisher Controls International, Llc, Flintkote Co., Flintkote Mines Ltd., Flowserve Us Inc, Flowserve Us Inc., Fluor Corporation, Fmc Corporation -Turbo Pump Operation, Ford Motor Company, Foster Wheeler Llc, Garlock Sealing Technologies, Ll, Gatke Corporation, General Electric Company, General Motors Corporation, General Refractories Company, Genstar Co., Genuine Parts Company, Goodrich Corporation, Grinnell Corporation, Halliburton Company, Hanson Cement, Inc., Henry Vogt Machine Co., Hercules Powder Company, Honeywell International, Inc. Fka Alliedsignal, Imo Industries Inc.,, Imo Industries, Inc., J.R.Simplot Company, J.R. Simplot Company, A Nevada Corporation,, J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Keenan Properties, Inc, Kubota Corporation, Lamons Gasket Company Dba Power Engineering &, Lear Siegler Diversified Holdings Corp., Maremont Corporation, Metalclad Insulation Corporation, Monsanto Company, Morton International, Inc. A Rohm And Haas Company, Oakfabco, Inc., Oscar E. Erickson, Inc., Owens-Illinois, Inc., Pacific Coast Building Products, Inc Dba Pacific, Parker Hannifin Corporation, Parker-Hannifin Corporation, Parsons Energy & Chemical Group, Inc., Parsons Energy & Chemicals Group Inc, Plant Insulation Company, Pnuemo Abex Corporation, As Successor, Power Engineering & Equipment Co. Inc., Quigley Company, Inc., Rapid-American Corporation, Republic Supply Company, Rheem Manufacturing Co, Rheem Manufacturing Company, Robertson-Ceco Corporation, Rosendahl Corporation, Santa Fe Braun, Inc. As Successor-In-Interest To, Sequoia Ventures, Inc., Shell Oil Company, Soo Line Railroad Company, Standard Motor Products, Stuart Radiator Core Manufacturing Co Inc, Stuart Radiator Core Manufacturing Co. Inc., Stuart-Western, Inc., Sugar City Building Materials Inc., Taylor Plumbing Supply Company, Dba Globe Plumbing, Taylor Plumbing Supply Inc., Temporary Plant Cleaners, Inc., The Budd Company, Thomas Dee Engineering Company, Thorpe Insulation Company, Tosco Corporation, Tosco Refining Company, Trimon, Inc., Union Carbide Corporation, Unocal Corporation, Viacom Inc., Successor By Merger To Cbs Corporatio, Vogt Valve Company, Waldron, Duffy, Inc., Westburne Supply, Inc., Yale Industrial Products, Inc., Zurn Industries, Inc., for ASBESTOS in the District Court of San Francisco County.
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ICUS San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Jan-27-2003 10:22 am Case Number: CGC-01-402113 Filing Date: Jan-21-2003 10:20 Juke Box: 001 Image: 00601294 ANSWER JAMES JORDAN VS. ASBESTOS DEFENDANTS (BHC) 001000601294 Instructions: Please place this sheet on top of the document to be scanned.uu —— ~ WILLAIM G. HOBACK, Bar No:088655 FILED VANESSA JARVIS, ESQ., Bar No. 201585 SUPERIOR COURT DENISE A. SEQUERIA Bar No. 220148 COUNTY OF SAN FRANCISCO ERICKSEN, ARBUTHNOT, KILDUFF, DAY & LINDSTROM, INC. JANA 1 2003 530 Water Street, Suite 720 / Oakland, CA 94607 Attorneys for Defendant THE GOODRICH CORPORATION, sued herein as DOE 5 j 4 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JAMES JORDAN) ) Case No.: 402113 Plaintiff } ae A fone Maw? ve } fRes we ASBESTOS DEFENDANTS (BHC) (See } exhibit A) ) Defendant. } COMES NOW the defendant, GOODRICH CORPORATION, and severing itself from all other defendants named, or unnamed in the complaint, answers the unverified complaint on file herein, and admits, denies and alleges as follows: GENERAL DENIAL This answering defendant denies each and every, all and singular, generally and specifically, the allegations contained in plaintiffs’ complaint, and each cause of action therein contained, insofar as the same apply to this defendant; denies liability under the thcories or in the manner set forth in said complaint, or each cause of action thercin; and denies that the plaintiff was injured or damaged as a result of the alleged conduct of this ANSWER TO COMPLAINT (510) 832-7770 GORDOYP “Lt, Clerk av 7 Deputy Clark}defendant as set forth in the complaint or at all. AFFIRMATIVE DEFENSES AS SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSES, THIS ANSWERING DEFENDANT ALLEGES: FIRST: That the plaintiff was guilty of comparative fault/negligence in the matters set forth in the complaint, which proximately caused or contributed to the injuries or damages complained of. SECOND: That the plaintiff had the express knowledge of the risks and hazards set forth in the complaint, as well as the magnitude of the risks and hazards, and thereafter knowingly and willingly assumed those tisks. THIRD: That the injury, damage or loss, if any, sustained by the plaintiff was due to, and proximately caused by, misuse, abuse, alteration and misrepresentation of the product(s) described in the complaint. FOURTH: That any injury, damage or loss, was sustained by, and solely caused by and attributable to, the unreasonable, unforeseeable and totally inappropriate purpose and improper use made by plaintiffs’ of those product(s) alleged in the complaint FIFTH: That neither the complaint nor any cause of action in the complaint state facts sufficient to substantiate a cause of action against this appearing defendant. SIXTH: That this defendant is informed and believes, and thereon alleges, that plaintiffs’ injuries, loss or damages, if any, were aggravated by plaintiff's failure to use reasonable diligence to mitigate them. SEVENTH: That the claims of plaintiff have been partially compromised by payinent on behalf of defendant, in a sum according to proof, to plaintiff without admission of fault or liability, and defendant is therefore entitled to a set-off in this amount from any judgment, settlement or award in favor of plaintiffs. EIGHTH: That the co-defendants, and each of them, named and unnamed in the complaint, were guilty of negligence, or other acts or omissions in the matters set forth in the complaint, which proximately caused or contributed to the damages or loss complained of, if ANSWER TO COMPLAINTany, and that the court is rcquested to determine and allocate the percentage of negligence attributable to each of the co-defendants. NINTH: That, on information and belief, the plaintiff claims workers’ compensation benefits from his employer or its insurance carrier; that the injuries and damages complained of by plaintiff were proximately caused and contributed to by the negligence of his employer, their agents, servants and employees, and that any award of damages, judgment or settlement in favor of plaintiff against defendant should be reduced by the amount paid or to be paid in the future by plaintiff's employer or his workers’ compensation carrier. TENTH: That the action and all causes of action are barred by the applicable statute of limitations, including, but not limited to Sections 340 and 340.2 of the Code of Civil Procedure, ELEVENTH: That the action filed in this case is not maintainable under the doctrine of laches. TWELFTH: That plaintiff's injuries, if any, occurred within the course and scope of his employment and that his employer was guilty of negligence, or other acts and/or omissions in the matters set forth in the complaint, which proximately caused or contributed to the damages or loss complained of, if any, and that the court is requested to determine and allocate the percentage ofnegligence attributable to said employer. THIRTEENTH: That the complaint, and each cause of action contained therein, is barred as against this answering defendant by the provisions of California Labor Code Section 3601, et seq. FOURTEENTH: That the complaint, and every cause of action contained therein, fails to state an action against this answering defendant for exemplary damages. FIFTEENTH: That this defendant’s responsibility, if any, as to non-economic damages shall be limited to the percentage of fault, if any, attributable to this defendant. SIXTEENTH: That the plaintiff's complaint, and each cause of action thercof, based upon the holding of Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588 fails to state a cause ANSWER TO COMPLAINTCo eo NA A BF WN = bo NR NM BY PN NSN SF SF Fe Fe ee ee Se eu a AR GS Bb fF FS BOB we AAD RH HD FS DECLARATION OF SERVICE BY MAIL T the undersigned, hereby declare: 1. Iam over the age of 18 years, employed in the county of Alameda, and not a party to the within action. My business address is 530 Water Street, #720, Oakland, California, 94607. 2. Tam readily familiar with our business” practice for collection and processing of documents for mailing with the U.S. Postal Service, and that the below-named document will be deposited with the U.S. Postal Service with fully prepaid postage thereon on the date set forth below at Oakland, California. 3. On the date set forth below I served the within ANSWER TO COMPLAINT by placing a true copy thereof in an envelope, sealing, and placing it for collection and mailing following ordinary business practices addressed as follows: DAVID DONADIO BRAYTON PURCELL 222 Rush Landing Road Novato, CA 94948 I declare under penalty of perjury that the foregoing is true and correct. Executed on January 17, 2003 at Oakland, California ERIN GRAGG ANSWER TO COMPLAINTAH. VOSS COMPANY ‘AP. GREEN SERVICES, INC. ACandS, INC. ATLAS TURNER, INC. ASBESTOS CORPORATION LIMITED ASSOCIATED INSULATION OF CALIFORNIA BECHTEL CORPORATION (DE) SEQUOIA. VENTURES, INC. BELL ASBESTOS MINES LTD. CERTAINTEED CORPORATION D. CUMMINS CORPORATION THOMAS DEG ENGINEERING CO., INC. DRESSER INDUSTRIES, INC. THE FLINTKOTE COMPANY FLUOR CORPORATION FLUOR MAINTENANCE FLUOR-DANIELS HARBISON-WALKER REFRACTORIES COMPANY HALLIBURTON COMPANY GARLOCK, INC. KAISER ALUMINUM & CHEMICAL CORPORATION KUBOTA CORPORATION L.H. BUTCHER COMPANY MacARTHUR COMPANY METALCLAD INSULATION CORPORATION NORTH AMERICAN REFRACTORIES COMPANY OAKFABCO, INC. ‘ PLANT INSULATION COMPANY QUIGLEY COMPANY, INC. QUINTEC INDUSTRIES, INC. RAPID-AMERICAN CORPORATION REPUBLIC SUPPLY COMPANY BABCOCK BORSIG POWER, INC. THORPE INSULATION COMPANY UNION CARBIDE CORPORATION VIACOM, INC. WALDRON, DUFFY, INC. WESTBURNE SUPPLY, INC. WESTERN MacARTHUR COMPANY WESTERN ASBESTOS COMPANY PNEUMO ABEX CORPORATION HONEYWELL INTERNATIONAL, INC. THE BUDD COMPANY DAIMLERCHRYSLER CO! RPORATION DANA CORPORATION . FORD MOTOR COMPANY BRIDGESTONE/FIRESTONE, INC. GENERAL MOTORS CORPORATION Eyhibit__AyCo me NDMP YN = o LEAR-SIEGLER DIVERSIFIED HOLDINGS CORP. MAREMONT CORPORATION PARKER-HANNIFIN CORPORATION STUART-WESTERN, INC. STANDARD MOTOR PRODUCTS, INC. MORTON INTERNATIONAL, INC. GATKE CORPORATION BRASSBESTOS BRAKE LINING COMPANY HL KRASNE MANUFACTURING COMPANY RITESET MANUFACTURING COMPANY AUTO SPECIALTIES, INC. HAYES LEMMERZ INTERNATIONAL - HOWELL, INC. BWD AUTOMOTIVE CORPORATION BORG-WARNER AUTOMOTIVE, INC. ~ ROBERTSON-CECO CORPORATION ELLIOTT COMPANY AUBURN TECHNOLOGIES, INC. ALCO PRODUCTS, INC. BOMBARDIER, INC. COOPER INDUSTRIES, INC. BOILER AND WELDING WORKS DIXON BOILER WORKS, INC. PACIFIC BOILER CORPORATION HENRY VOGT MACHINE CO. GENUINE PARTS COMPANY MONUMENT AUTO PARTS TAYLOR PLUMBING SUPPLY COMPANY GENERAL REFRACTORIES COMPANY FMC CORPORATION KEENAN PROPERTIES, INC. HAJOCA CORPORATION GRINNELL CORPORATION ABB LUMMUS GLOBAL, INC. OSCAR E. ERICKSON, INCORPORATED 4520 CORP., INC. MONSANTO COMPANY PETRO-CHEMICAL INSULATION, INC. ROSENDAHL CORPORATION BRAGG INVESTMENT COMPANY, INC. THE DOW CHEMICAL COMPANY PHILLIPS PETROLEUM COMPANY SHELL OL COMPANY CHEVRON PRODUCTS COMPANY TOSCO CORPORATION USX CORPORATION ZURN INDUSTRIES, INC. D.W. NICHOLSON CORPORATION DILLINGHAM CONSTRUCTION, N.A., INC. PARSONS ENERGY & CHEMICAL GROUP INC. SOO LINE RAILROAD METROPOLITAN LIFE INSURANCE COMPANY ASBESTOS MANUFACTURING COMPANYBw oN mM NM NKR NRNNY BS Oa TZ ESRF Ss PRPePRRPRBE SS Se AD Fe HY | oe wena FIBRE & METAL PRODUCTS COMPANY LASCO BRAKE PRODUCTS LJ. MILEY COMPANY ROSSENDALE-RUBOLL COMPANY SOUTHERN FRICTION MATERIALS COMPANY U.S. SPRING & BUMPER COMPANY ~ AUTO FRICTION CORPORATION EMSCO ASBESTOS COMPANY FORCEE MANUFACTURING CORPORATION MOLDED INDUSTRIAL FRICTION CORPORATION NATIONAL TRANSPORT SUPPLY, INC. SILVER LINE PRODUCTS, INC. STANDCO, INC. UNIVERSAL FRICTION MATERIALS COMPANY WHEELING BRAKE BLOCK MANUFACTURING COMPANY ASBESTOS CLAIMS MANAGEMENT CORPORATION and DOES 1-800, Defendants. James Jordan vs. Asbestos Defendants (BHC) San Francisco Superior Court