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Sep-11-2002 3:33 pm
Case Number: CGC-02-411098
Filing Date: Sep-10-2002 3:32
Juke Box: 001 Image: 00504489
ANSWER
LEWIS FORBES et al VS. ACANDS, INC.
001C00504489
Instructions:
Please place this sheet on top of the document to be scanned,GABRIEL A. JACKSON, ESQ. csB# 98119
C. J. MANOLI, ESQ. cspg 147342
KAREN L. PRODROMO, ESQ., CSB #203702
JACKSON & WALLACE tip
55 Francisco Street, 6th Floor
San Francisco, CA 94133
(415) 982-6300
Attorneys For Defendant
CRANE CO.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
LEWIS FORBES and DIANA FORBES ) No.411098
Plaintiff(s), ANSWER OF DEFENDANT CRANE
CO. TO UNVERIFIED COMPLAINT
v. FOR PERSONAL INJURY
ACandS, INC., et al.
Defendants.
DEFENDANT CRANE CO. answers the unverified Complaint for Personal
Injury - Asbestos ("Complaint") on file herein as follows:
As an answer by DEFENDANT CRANE CO. to plaintiff's Complaint, a
denial is made to each and every allegation in the Complaint, and further denial is
made that any loss, damage or injury, of any kind or character, in any sum or
amount, has been suffered by plaintiff by reason of any acts or act, omission or
omissions, fault, carelessness, or negligence on this defendant's part or on the part of
any of its agents, servants or employees,
AS AND FOR A FIRST, SEPARATE, AND APFIRMATIVE DEFENSE
TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
-—2 SSS
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FGR PERSONAL INJURYNe NL
alleged that the complaint fails to state facts sufficient to constitute a cause of action
against this answering defendant.
AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that any and all events and happenings in connection with the allegations
contained in plaintiff's Complaint and the resulting injuries and damages, if any,
referred to therein, were legally caused and contributed to bey the negligence,
carelessness, and fault of the plaintiff, thereby barring or proportionately reducing
plaintiff's recovery herein.
AS AND FOR A THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that plaintiff was aware of the potential risks and hazards involved in the
undertaking in which he was engaged, and knowing these things, did freely,
voluntarily, and/or expressly consent to assume the risks and hazards incident to said
operations, acts, and conduct, thereby legally causing the injuries and damages, if any,
complaint of by plaintiff, and plaintiff are thereby barred from recovery herein.
AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that plaintiff acknowledged, ratified, consented to, and acquiesced in the
alleged acts, omissions or fault, if any, of this answering defendant, thus barring
plaintiff from any relief as prayed for herein.
AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that plaintiff's action, and each alleged cause of action, is barred by the
applicable statute of limitations, stated in Park II, Title 2, Chapter 3 of the Code of
Civil Procedure, beginning with Section 335 and continuing through 349.4, and more
particularly, but not limited to Section 340.2.
AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE
SSeS
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYTO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that any loss, injury or damage to plaintiff was proximately caused or
contributed to by the negligent or other tortuous acts, omissions, conduct or products
of persons, entities or parties other than this answering defendant, and that each, and
all economic damages recovered by plaintiff against this defendant, if any, must be
offset by a proportionate amount of the settlement plaintiff has reached with all other
persons, entities or parties.
AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that plaintiff is barred from recovery herein by virtue of the
application of the doctrine of laches.
AS AND FOR A EIGHTH, SEPARATE, AND AFFIRMATIVE DEFENSE
‘TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that the Court lacks subject matter jurisdiction over the matters alleged in the
Complaint because the Complaint and each alleged cause of action against defendant is
barred by the provisions of California Labor Code Section 3600 et seq.
AS AND FOR A NINTH, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that any loss, injury, or damage, if any, incurred by plaintiff was the result of
superseding or intervening causes arising from the fault of other parties which
defendant neither controlled nor had the right to control, and that said loss, injury or
damage was not proximately or legally caused by any act, omission, or other conduct
of defendant.
AS AND FOR A TENTH, SEPARATE, AND AFFIRMATIVE DEFENSE
TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is
alleged that if defendant has purportedly been named or served in this action as a Doe
defendant, such effort by plaintiff is invalid on the grounds that plaintiff knew, or
should have known, of the identity of defendant and of their alleged causes of action
a
ANSWER OF DEFENDANT CRANE CO. FO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYNe NY
against defendant at the time of the filing of the Complaint.
AS AND FOR AN ELEVENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that if plaintiff sustained any injury or illness attributable to
the use of any product manufactured, sald or distributed by defendant, which
allegations are expressly denied, the injuries were solely caused by and attributable to
the unreasonable and improper use which was made of said products, and each of
them.
AS AND FOR A TWELFTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that plaintiff was advised, informed, and warned of any
potential hazards and/or dangers, if any there were, associated with the normal or
foreseeable use, handling, and storage of the products, substances, and equipment
described in the Complaint.
AS AND FOR A THIRTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that the products, substances, and equipment described in the
Complaint were materially altered or changed by a party or parties other than, and
without the permission of, this answering defendant, its employees, servants, or other
agents, and such alteration or change created the alleged defect, if any, which was the
legal cause of plaintiff's injuries or damages, if any.
AS AND FOR A FOURTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that the products, substances, and equipment referred to in
the Complaint were properly designed and manufactured, and safe for the purpose
intended, Said products, substances, and equipment were modified, altered, misused,
abused and/or improperly maintained by plaintiff or others, and said conduct was not
reasonably foreseeable to defendant and proximately caused or contributed to the
ss 1
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYSY Ne
injuries, losses, and damages complained of, if any there were, thus barring plaintiff's
recovery herein.
AS AND FOR A FIFTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that plaintiff failed to mitigate his damages, if any, in that he
failed to use reasonable diligence in caring for his injuries and reasonable means to
prevent their aggravation or to accomplish their healing.
AS AND FOR A SIXTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that any exposure of plaintiff to products manufactured, sold
or distributed by this defendant was so minimal as to be insufficient to establish by a
reasonable degree of probability that any such product caused any alleged injury,
damage, or loss to plaintiff.
AS AND FOR A SEVENTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that any products manufactured, sold or distributed by this
defendant were not a substantial factor in bringing about the injuries and damages
complained of by plaintiff, and, therefore, this defendant may not beheld liable to
plaintiff as alleged.
AS AND FOR A EIGHTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that the state of the medical, scientific, and industrial
knowledge and practice was at all material times such that defendant neither breached
any alleged duty owed plaintiff, nor knew nor could have known that is product(s)
presented a foreseeable risk of harm to plaintiff in the normal and expected use of
such product(s).
AS AND FOR A NINETEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
—_—$—— th SSS
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYny
Ne NS
THEREOF, it is alleged that any products, substances, or equipment assembled,
formulated, sold or distributed by this answering defendant were made consistent
with the state of the art applicable to said products, substances, or equipment at the
time of their assembly, sale, formulation, or distribution.
AS AND FOR A TWENTIETH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that if this defendant is responsible to plaintiff, which
responsibility is expressly denied, this defendant shall be liable to plaintiff only for the
amount of non-economic damages allocated to this defendant in direct proportion to
this defendant's percentage of fault, if any, as required by Civil Code Section 1431.1 et
seq.
AS AND FOR A TWENTY-FIRST, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that at the time and place of the happening of the
occurrences and injuries alleged in the Complaint, and all times material thereto,
plaintiff was employed by various employers, the names of which are unknown to
this defendant, and working within the course and scope of his employment and/or
employments. Said employer and/or employers and plaintiff were subject to the
provisions of the Workers' Compensation Act of the State of California and plaintiff
was entitled to receive workers’ compensation benefits from his employers, Certain
sums have been paid to or on behalf of plaintiff herein under the applicable provisions
of the Labor Code of the State of California. Said employer and/or employers and
each of them were negligent, careless, and at fault in and about the matters referred to
in the Complaint and such negligence, carelessness, and fault proximately and
concurrently contributed to and caused the happening of the incidents complained of
by plaintiff, if any there were. By these premises, any judgment rendered in favor of
plaintiff herein must be reduced by any benefits or payment made or to be made to
plaintiff's employer's or employers' compensation carrier under the authority of Witt
Hh
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYa
us. Jackson, 57 Cal.2d 57 (1961).
AS AND FOR A TWENTY-SECOND, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that the plaintiff's employer or employers, by reason of the
advice, information, warnings and use, handling, and storage information given to
them, and by reason of their own long standing and continuous experience with the
products, substances, and equipment referred to in the Complaint, are and were
sophisticated users, handlers, and storers of any and all such products, substances, and
equipment, and thereby acquired a separate and affirmative duty to warn, advise, and
inform plaintiff of any potential harmful effects from the mishandling, misstorage,
and/or misuse of the subject property, if any. Said employer failed to so warn
plaintiff and thereby breached said duty, and said failure and breach did directly and
proximately cause all damages, injuries, and losses complained of, if any there were.
AS AND FOR A TWENTY-THIRD, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that at all time relative to matters in the Complaint, all of
plaintiff's employers were sophisticated users of asbestos-containing products, and said
employer's negligence in providing the product to their employees in a negligent,
careless, and reckless manner was a superseding and intervening cause of plaintiff's
injuries, if any there were.
AS AND FOR A TWENTY-FOURTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that as between plaintiff and defendant, the law applicable to
this action is the law as it existed during the period this defendant engaged, if at all, in
the manufacture, assembly, sale, or distribution of asbestos-containing products to
which the plaintiff claims exposure. It is unlawful, inequitable, and in violation of
defendant's contractual, statutory, and constitutional rights to apply principles of law
other than or in a manner different from those which existed for the period in which
rT
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYNL Ne
defendant manufactured, assembled, sold, or distributed products to which plaintiff
claims exposure.
AS AND FOR A TWENTY-FIFTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that defendant denies any and all liability to the extent that
plaintiff asserts defendant's alleged liability in a successor business, successor in
product line, or a portion thereof; assign, predecessor, predecessor in business,
predecessor in product line, or a portion thereof; parent, alter ago, subsidiary, wholly
or partially owned by, or the whole or partial owner of or member in an entity
research, studying, manufacturing, fabricating, designing, labeling, assembling,
distributing, leasing, buying, offering for sale, selling, inspecting, servicing, installing
contracting, or installation, repairing, marketing, warranting, re-branding,
manufacturing for others, packaging and advertising products containing a certain
substance, the generic name of which is asbestos.
AS AND FOR A TWENTY-SIXTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that plaintiff's alleged cause of action seeking punitive
damages against his defendant does not state facts sufficient to constitute a cause of
action against this answering defendant.
AS AND FOR A TWENTY-SEVENTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOF, it is alleged that the causes of action asserted herein by
plaintiff fail to state facts sufficient to constitute a cause of action in that plaintiff has
asserted claims of punitive damages which, if granted, would violate the prohibition
against laws impairing the obligation of contracts set forth in Article I, Section 10, of
the United States Constitution.
AS AND FOR A TWENTY-EIGHTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYNw NU
THEREOE, it is alleged that plaintiff's claim for punitive or exemplary damages, if
any, is barred by the due process clause of the Fifth and Fourteenth Amendments to
the United States Constitution.
AS AND FOR A TWENTY-NINTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOE, it is alleged that plaintiff's claim for punitive or exemplary damages, if
any, alleged by plaintiff is barred by the proscription of the Eighth Amendment to the
United States Constitution, as applied to the States through the Fourteen
Amendment, prohibiting the imposition of excessive fines,
WHEREFORE, this answering defendant prays that plaintiff take nothing by
virtue of this Complaint on file herein, that his Complaint be dismissed and that
defendant be awarded its costs of suit herein incurred, and for any other and further
relief as the Court may deem proper.
DATED: September S, 2002
JACKSON & WALLACE trp
re 7 x
Karen L.Prodromo
Attorneys For Defendant
CRANE CO.
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURYPROOF OF SERVICE BY MAIL
(Code Civ. Proc., §§ 1013, 2015.5
Cal. Rules of Court, rule 2008(e))
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
I, David S. Mandle, declare as follows:
Tam over 18 years of age and nota ery to the within action; my business
address is 55 Francisco Street, 15th Floor, San Francisco, California 94104; Iam
employed in San Francisco County, California.
Tam readily familiar with my employer's practices for collection and
processing of correspondence for mailing with the United States Postal Service,
On September 1 » 2002, I served a copy of the following documents:
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURY on the interested parties in the above-referenced case
by following ordinary business practices and placing for collection and mailing at 55
Francisco Street, San Francisco, on the date above, a true copy of the above-referenced
document(s), enclosed in a sealed envelope; in the ordinary course of business, the
above documents would have been deposited for first-class delivery with the United
States Postal Service the same day they were placed for deposit, with postage thereon
fully prepaid.
The foregoing envelopes were addressed as follows:
Clapper & Patti
2330 Marinship Way, Suite #140
Sausalito, CA’ 94965
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration was executed on September
D
David S. Mandle
ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT
FOR PERSONAL INJURY
Preview
ETOAC San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Sep-11-2002 3:33 pm Case Number: CGC-02-411098 Filing Date: Sep-10-2002 3:32 Juke Box: 001 Image: 00504489 ANSWER LEWIS FORBES et al VS. ACANDS, INC. 001C00504489 Instructions: Please place this sheet on top of the document to be scanned,GABRIEL A. JACKSON, ESQ. csB# 98119 C. J. MANOLI, ESQ. cspg 147342 KAREN L. PRODROMO, ESQ., CSB #203702 JACKSON & WALLACE tip 55 Francisco Street, 6th Floor San Francisco, CA 94133 (415) 982-6300 Attorneys For Defendant CRANE CO. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO LEWIS FORBES and DIANA FORBES ) No.411098 Plaintiff(s), ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT v. FOR PERSONAL INJURY ACandS, INC., et al. Defendants. DEFENDANT CRANE CO. answers the unverified Complaint for Personal Injury - Asbestos ("Complaint") on file herein as follows: As an answer by DEFENDANT CRANE CO. to plaintiff's Complaint, a denial is made to each and every allegation in the Complaint, and further denial is made that any loss, damage or injury, of any kind or character, in any sum or amount, has been suffered by plaintiff by reason of any acts or act, omission or omissions, fault, carelessness, or negligence on this defendant's part or on the part of any of its agents, servants or employees, AS AND FOR A FIRST, SEPARATE, AND APFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is -—2 SSS ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FGR PERSONAL INJURYNe NL alleged that the complaint fails to state facts sufficient to constitute a cause of action against this answering defendant. AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that any and all events and happenings in connection with the allegations contained in plaintiff's Complaint and the resulting injuries and damages, if any, referred to therein, were legally caused and contributed to bey the negligence, carelessness, and fault of the plaintiff, thereby barring or proportionately reducing plaintiff's recovery herein. AS AND FOR A THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiff was aware of the potential risks and hazards involved in the undertaking in which he was engaged, and knowing these things, did freely, voluntarily, and/or expressly consent to assume the risks and hazards incident to said operations, acts, and conduct, thereby legally causing the injuries and damages, if any, complaint of by plaintiff, and plaintiff are thereby barred from recovery herein. AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiff acknowledged, ratified, consented to, and acquiesced in the alleged acts, omissions or fault, if any, of this answering defendant, thus barring plaintiff from any relief as prayed for herein. AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiff's action, and each alleged cause of action, is barred by the applicable statute of limitations, stated in Park II, Title 2, Chapter 3 of the Code of Civil Procedure, beginning with Section 335 and continuing through 349.4, and more particularly, but not limited to Section 340.2. AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE SSeS ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURYTO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that any loss, injury or damage to plaintiff was proximately caused or contributed to by the negligent or other tortuous acts, omissions, conduct or products of persons, entities or parties other than this answering defendant, and that each, and all economic damages recovered by plaintiff against this defendant, if any, must be offset by a proportionate amount of the settlement plaintiff has reached with all other persons, entities or parties. AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiff is barred from recovery herein by virtue of the application of the doctrine of laches. AS AND FOR A EIGHTH, SEPARATE, AND AFFIRMATIVE DEFENSE ‘TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that the Court lacks subject matter jurisdiction over the matters alleged in the Complaint because the Complaint and each alleged cause of action against defendant is barred by the provisions of California Labor Code Section 3600 et seq. AS AND FOR A NINTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that any loss, injury, or damage, if any, incurred by plaintiff was the result of superseding or intervening causes arising from the fault of other parties which defendant neither controlled nor had the right to control, and that said loss, injury or damage was not proximately or legally caused by any act, omission, or other conduct of defendant. AS AND FOR A TENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that if defendant has purportedly been named or served in this action as a Doe defendant, such effort by plaintiff is invalid on the grounds that plaintiff knew, or should have known, of the identity of defendant and of their alleged causes of action a ANSWER OF DEFENDANT CRANE CO. FO UNVERIFIED COMPLAINT FOR PERSONAL INJURYNe NY against defendant at the time of the filing of the Complaint. AS AND FOR AN ELEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that if plaintiff sustained any injury or illness attributable to the use of any product manufactured, sald or distributed by defendant, which allegations are expressly denied, the injuries were solely caused by and attributable to the unreasonable and improper use which was made of said products, and each of them. AS AND FOR A TWELFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiff was advised, informed, and warned of any potential hazards and/or dangers, if any there were, associated with the normal or foreseeable use, handling, and storage of the products, substances, and equipment described in the Complaint. AS AND FOR A THIRTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that the products, substances, and equipment described in the Complaint were materially altered or changed by a party or parties other than, and without the permission of, this answering defendant, its employees, servants, or other agents, and such alteration or change created the alleged defect, if any, which was the legal cause of plaintiff's injuries or damages, if any. AS AND FOR A FOURTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that the products, substances, and equipment referred to in the Complaint were properly designed and manufactured, and safe for the purpose intended, Said products, substances, and equipment were modified, altered, misused, abused and/or improperly maintained by plaintiff or others, and said conduct was not reasonably foreseeable to defendant and proximately caused or contributed to the ss 1 ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURYSY Ne injuries, losses, and damages complained of, if any there were, thus barring plaintiff's recovery herein. AS AND FOR A FIFTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiff failed to mitigate his damages, if any, in that he failed to use reasonable diligence in caring for his injuries and reasonable means to prevent their aggravation or to accomplish their healing. AS AND FOR A SIXTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that any exposure of plaintiff to products manufactured, sold or distributed by this defendant was so minimal as to be insufficient to establish by a reasonable degree of probability that any such product caused any alleged injury, damage, or loss to plaintiff. AS AND FOR A SEVENTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that any products manufactured, sold or distributed by this defendant were not a substantial factor in bringing about the injuries and damages complained of by plaintiff, and, therefore, this defendant may not beheld liable to plaintiff as alleged. AS AND FOR A EIGHTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that the state of the medical, scientific, and industrial knowledge and practice was at all material times such that defendant neither breached any alleged duty owed plaintiff, nor knew nor could have known that is product(s) presented a foreseeable risk of harm to plaintiff in the normal and expected use of such product(s). AS AND FOR A NINETEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION —_—$—— th SSS ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURYny Ne NS THEREOF, it is alleged that any products, substances, or equipment assembled, formulated, sold or distributed by this answering defendant were made consistent with the state of the art applicable to said products, substances, or equipment at the time of their assembly, sale, formulation, or distribution. AS AND FOR A TWENTIETH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that if this defendant is responsible to plaintiff, which responsibility is expressly denied, this defendant shall be liable to plaintiff only for the amount of non-economic damages allocated to this defendant in direct proportion to this defendant's percentage of fault, if any, as required by Civil Code Section 1431.1 et seq. AS AND FOR A TWENTY-FIRST, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that at the time and place of the happening of the occurrences and injuries alleged in the Complaint, and all times material thereto, plaintiff was employed by various employers, the names of which are unknown to this defendant, and working within the course and scope of his employment and/or employments. Said employer and/or employers and plaintiff were subject to the provisions of the Workers' Compensation Act of the State of California and plaintiff was entitled to receive workers’ compensation benefits from his employers, Certain sums have been paid to or on behalf of plaintiff herein under the applicable provisions of the Labor Code of the State of California. Said employer and/or employers and each of them were negligent, careless, and at fault in and about the matters referred to in the Complaint and such negligence, carelessness, and fault proximately and concurrently contributed to and caused the happening of the incidents complained of by plaintiff, if any there were. By these premises, any judgment rendered in favor of plaintiff herein must be reduced by any benefits or payment made or to be made to plaintiff's employer's or employers' compensation carrier under the authority of Witt Hh ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURYa us. Jackson, 57 Cal.2d 57 (1961). AS AND FOR A TWENTY-SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that the plaintiff's employer or employers, by reason of the advice, information, warnings and use, handling, and storage information given to them, and by reason of their own long standing and continuous experience with the products, substances, and equipment referred to in the Complaint, are and were sophisticated users, handlers, and storers of any and all such products, substances, and equipment, and thereby acquired a separate and affirmative duty to warn, advise, and inform plaintiff of any potential harmful effects from the mishandling, misstorage, and/or misuse of the subject property, if any. Said employer failed to so warn plaintiff and thereby breached said duty, and said failure and breach did directly and proximately cause all damages, injuries, and losses complained of, if any there were. AS AND FOR A TWENTY-THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that at all time relative to matters in the Complaint, all of plaintiff's employers were sophisticated users of asbestos-containing products, and said employer's negligence in providing the product to their employees in a negligent, careless, and reckless manner was a superseding and intervening cause of plaintiff's injuries, if any there were. AS AND FOR A TWENTY-FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that as between plaintiff and defendant, the law applicable to this action is the law as it existed during the period this defendant engaged, if at all, in the manufacture, assembly, sale, or distribution of asbestos-containing products to which the plaintiff claims exposure. It is unlawful, inequitable, and in violation of defendant's contractual, statutory, and constitutional rights to apply principles of law other than or in a manner different from those which existed for the period in which rT ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURYNL Ne defendant manufactured, assembled, sold, or distributed products to which plaintiff claims exposure. AS AND FOR A TWENTY-FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that defendant denies any and all liability to the extent that plaintiff asserts defendant's alleged liability in a successor business, successor in product line, or a portion thereof; assign, predecessor, predecessor in business, predecessor in product line, or a portion thereof; parent, alter ago, subsidiary, wholly or partially owned by, or the whole or partial owner of or member in an entity research, studying, manufacturing, fabricating, designing, labeling, assembling, distributing, leasing, buying, offering for sale, selling, inspecting, servicing, installing contracting, or installation, repairing, marketing, warranting, re-branding, manufacturing for others, packaging and advertising products containing a certain substance, the generic name of which is asbestos. AS AND FOR A TWENTY-SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiff's alleged cause of action seeking punitive damages against his defendant does not state facts sufficient to constitute a cause of action against this answering defendant. AS AND FOR A TWENTY-SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that the causes of action asserted herein by plaintiff fail to state facts sufficient to constitute a cause of action in that plaintiff has asserted claims of punitive damages which, if granted, would violate the prohibition against laws impairing the obligation of contracts set forth in Article I, Section 10, of the United States Constitution. AS AND FOR A TWENTY-EIGHTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURYNw NU THEREOE, it is alleged that plaintiff's claim for punitive or exemplary damages, if any, is barred by the due process clause of the Fifth and Fourteenth Amendments to the United States Constitution. AS AND FOR A TWENTY-NINTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that plaintiff's claim for punitive or exemplary damages, if any, alleged by plaintiff is barred by the proscription of the Eighth Amendment to the United States Constitution, as applied to the States through the Fourteen Amendment, prohibiting the imposition of excessive fines, WHEREFORE, this answering defendant prays that plaintiff take nothing by virtue of this Complaint on file herein, that his Complaint be dismissed and that defendant be awarded its costs of suit herein incurred, and for any other and further relief as the Court may deem proper. DATED: September S, 2002 JACKSON & WALLACE trp re 7 x Karen L.Prodromo Attorneys For Defendant CRANE CO. ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURYPROOF OF SERVICE BY MAIL (Code Civ. Proc., §§ 1013, 2015.5 Cal. Rules of Court, rule 2008(e)) STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I, David S. Mandle, declare as follows: Tam over 18 years of age and nota ery to the within action; my business address is 55 Francisco Street, 15th Floor, San Francisco, California 94104; Iam employed in San Francisco County, California. Tam readily familiar with my employer's practices for collection and processing of correspondence for mailing with the United States Postal Service, On September 1 » 2002, I served a copy of the following documents: ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURY on the interested parties in the above-referenced case by following ordinary business practices and placing for collection and mailing at 55 Francisco Street, San Francisco, on the date above, a true copy of the above-referenced document(s), enclosed in a sealed envelope; in the ordinary course of business, the above documents would have been deposited for first-class delivery with the United States Postal Service the same day they were placed for deposit, with postage thereon fully prepaid. The foregoing envelopes were addressed as follows: Clapper & Patti 2330 Marinship Way, Suite #140 Sausalito, CA’ 94965 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on September D David S. Mandle ANSWER OF DEFENDANT CRANE CO. TO UNVERIFIED COMPLAINT FOR PERSONAL INJURY