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Apr-21-2003 11:41 am
Case Number: CGC-02-414536
Filing Date: Apr-18-2003 11:39
Juke Box: 001 Image: 00667999
ANSWER
MARY M WILLIAMS et al VS. A.W. CHESTERTON COMPANY et al
001000667999
Instructions:
Please place this sheet on top of the document to be scanned.w\Y
GABRIEL A. JACKSON, ESQ. CsB# 98119
C.J. MANOLI, ESQ. CsB# 147342
ANNE E. GYEMANT, ESQ., CSB #202694 rm
m
JACKSON & WALLACE tip ° i
55 Francisco Street, 15th Floor S63 fen oa gE BD
San Francisco, CA 94104 rt
(415) 982-6300
Attorneys For Defendant
CRANE CO.
. Brees Cue
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
MARY M. WILLIAMS, individually and) No.414536
as Successor-in-Interest to MELV.
WILLIAMS, deceased; and MARY ANSWER OF DEFENDANT CRANE
M.WILLIAMS, individually and as CO. TO FIRST AMENDED
Guardian ad Litem of RAQUEL. L. COMPLAINT FOR SURVIVAL, LOSS
WILLIAMS and JUVON D. OF CONSORTIUM, WRONGFUL
WILLIAMS, minors, KIMBERLY C. DEATH-ASBESTOS
WILLIAMS and MICELLE DeLEON, as
legal heirs of MELVIN WILLIAMS,
leceased;
Plaintiff(),
Vv.
A.W. CHESTERTON COMPANY
Defendants.
1. DEFENDANT CRANE CO. answers the unverified First Amended
Complaint for Survival, Loss of Consortium, Wrongful Death - Asbestos
("Complaint") on file here as follows:
2. As an answer by defendant CRANE CO. to plaintiffs’ Complaint, a
denial is made to each and every allegation in the Complaint, and a further denial is
made that any loss, damage, or injury, or any kind or character, in any sum or
amount, has been suffered by plaintiffs by reason of any acts or acts, omission or
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOS~~
ww
omissions, fault, carelessness, or negligence on this defendant's part or on the part of
any of its agents, servants or employees.
3. AS AND FOR A FIRST, SEPARATE AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOB, it is alleged that the Complaint fails to state facts sufficient to constitute a
cause of action against this answering defendant.
4. AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOE, it is alleged that any and all events and happenings in connection with
the allegations contained in plaintiffs‘ Complaint and the resulting injuries and
damages, if any, referred to therein, were legally caused and contributed to by the
negligence, carelessness, and fault of the plaintiffs’ decedent, thereby barring or
proportionately reducing plaintiffs’ recovery herein.
5. AS AND FOR A THIRD, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOE, it is alleged that plaintiffs' decedent 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 plaintiffs, and plaintiffs are thereby
barred from recovery herein.
6. AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOE, it is alleged that plaintiffs’ decedent acknowledged, ratified, consented to,
and acquiesced in the alleged acts, omissions or fault, if any, of this answering
defendant, thus barring plaintiffs from any relief as prayed for herein.
7. AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOSY
THEREOF, it is alleged that plaintiffs' 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.
8. AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that any loss, injury or damage to plaintiffs or plaintiffs’
decedent 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 plaintiffs
against this defendant, if any, must be offset by a proportionate amount of the
settlement plaintiffs have reached with all other persons, entities or parties.
9. AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that plaintiffs are barred from recovery herein by virtue of
the application of the doctrine of laches.
10. 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.
11. 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 plaintiffs
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
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOS\
other conduct of defendant.
12. AS AND FOR A TENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOR, it is alleged that if defendant has purportedly been named or served in
this action as a Doe defendant, such effort by plaintiffs is invalid on the grounds that
plaintiffs knew, or should have known, of the identity of defendant and of their
alleged causes of action against defendant at the time of the filing of the Complaint.
13. AS AND FOR AN ELEVENTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, it is alleged that if plaintiffs' decedent sustained any injury or
illness attributable to the use of any product manufactured, sold 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.
14... AS AND FOR A TWELFTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that plaintiffs’ decedent 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.
15. AS AND FOR A THIRTEENTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, 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 plaintiffs' injuries or damages, if any.
16. AS AND FOR A FOURTEENTH, SEPARATE, AND
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOSWY
Ww
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 plaintiffs’ decedent or
others, and said conduct was not reasonably foreseeable to defendant and proximately
caused or contributed to the injuries, losses, and damages complained of, if any there
were, thus barring plaintiffs' recovery herein.
17. AS AND FOR A FIFTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOF, it is alleged that plaintiffs’ decedent 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.
18. AS AND FOR A SIXTEENTH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOE, it is alleged that any exposure of plaintiffs’ decedent 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 plaintiffs or plaintiffs' decedent.
19. AS AND FOR A SEVENTEENTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOR, 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 plaintiffs, and, therefore, this defendant may
not beheld liable to plaintiffs as alleged.
20. 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
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOSSS
industrial knowledge and practice was at all material times such that defendant neither
breached any alleged duty owed plaintiffs' decedent, nor knew nor could have known
that is product(s) presented a foreseeable risk of harm to plaintiffs’ decedent in the
nofmal and expected use of such product(s).
21. AS AND FOR A NINETEENTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION 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.
22. AS AND FOR A TWENTIETH, SEPARATE, AND AFFIRMATIVE
DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION
THEREOE, it is alleged that if this defendant is responsible to plaintiffs or plaintiffs'
decedent, which responsibility is expressly denied, this defendant shall be liable to
plaintiffs or plaintiffs' decedent 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.
23. AS AND FOR A TWENTY-FIRST, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, 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,
plaintiffs' decedent 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 plaintiffs’
decedent were subject to the provisions of the Workers' Compensation Act of the
State of California and plaintiffs’ decedent was entitled to receive workers’
compensation benefits from his employers. Certain sums have been paid to or on
behalf of plaintiffs' decedent herein under the applicable provisions of the Labor Code
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOSWY
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 plaintiffs, if any there
were. By these premises, any judgment rendered in favor of plaintiffs herein must be
reduced by any benefits or payment made or to be made to plaintiffs’ decedent by
plaintiffs’ decedent's employer's or employers’ compensation carrier under the
authority of Witt vs. Jackson, 57 Cal.2d 57 (1961).
24, AS AND FOR A TWENTY-SECOND, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOF, it is alleged that the plaintiffs' decedent'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 plaintiffs’ decedent of any potential harmful effects
from the mishandling, misstorage, and/or misuse of the subject property, if any. Said
employer failed to so warn plaintiffs' decedent 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.
25. 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 plaintiffs' decedent'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 plaintiffs' decedent's injuries, if any there were.
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOSNY
26. 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 plaintiffs 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 plaintiffs’ decedent 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 defendant manufactured, assembled, sold, or
distributed products to which plaintiffs’ decedent claims exposure.
27. AS AND FOR A TWENTY-FIFTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, it is alleged that defendant denies any and all liability to the
extent that plaintiffs 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.
28. AS AND FOR A TWENTY-SIXTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, it is alleged that plaintiffs’ 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.
29. AS AND FOR A TWENTY-SEVENTH, SEPARATE, AND
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOSWY
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, it is alleged that the causes of action asserted herein by
plaintiffs fail to state facts sufficient to constitute a cause of action in that plaintiffs 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.
30. AS AND FOR A TWENTY-EIGHTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, it is alleged that plaintiffs' 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.
31. AS AND FOR A TWENTY-NINTH, SEPARATE, AND
AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF
ACTION THEREOE, it is alleged that plaintiffs' claim for punitive or exemplary
damages, if any, alleged by plaintiffs 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 plaintiffs 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: April |, 2003
JACKSON & WALLACE tip
ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOSn
PROOF 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 not a party to the within action; my business
address is 55 Francisco Street, San Francisco, California 94133; I am employed in San
Francisco County, California.
Iam readily familiar with my employer's practices for collection and
processing of correspondence for mailing with the United States Postal Service.
On April, } , 2003, I served a copy of the following documents: ANSWER
OF DEFENDANT CRANE CO. TO FIRST AMENDED COMPLAINT FOR
SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOS
on the interested parties in the above-referenced case by following ordinary business
practices agd placing for collection and mailing at 55 Francisco Street, San Francisco
on April f ¥, 2003, 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:
Paul, Hanley & Harley LLP
1608 Fourth Street, Suite #300
Berkeley, CA 94710
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 April
2003.
faydd S. Mandle
————
ANSWER OF DEFENDANT CRANE CO, TO COMPLAINT FOR SURVIVAL, LOSS OF
CONSORTIUM, WRONGFUL DEATH-ASBESTOS
Preview
MEUM San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Apr-21-2003 11:41 am Case Number: CGC-02-414536 Filing Date: Apr-18-2003 11:39 Juke Box: 001 Image: 00667999 ANSWER MARY M WILLIAMS et al VS. A.W. CHESTERTON COMPANY et al 001000667999 Instructions: Please place this sheet on top of the document to be scanned.w\Y GABRIEL A. JACKSON, ESQ. CsB# 98119 C.J. MANOLI, ESQ. CsB# 147342 ANNE E. GYEMANT, ESQ., CSB #202694 rm m JACKSON & WALLACE tip ° i 55 Francisco Street, 15th Floor S63 fen oa gE BD San Francisco, CA 94104 rt (415) 982-6300 Attorneys For Defendant CRANE CO. . Brees Cue IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO MARY M. WILLIAMS, individually and) No.414536 as Successor-in-Interest to MELV. WILLIAMS, deceased; and MARY ANSWER OF DEFENDANT CRANE M.WILLIAMS, individually and as CO. TO FIRST AMENDED Guardian ad Litem of RAQUEL. L. COMPLAINT FOR SURVIVAL, LOSS WILLIAMS and JUVON D. OF CONSORTIUM, WRONGFUL WILLIAMS, minors, KIMBERLY C. DEATH-ASBESTOS WILLIAMS and MICELLE DeLEON, as legal heirs of MELVIN WILLIAMS, leceased; Plaintiff(), Vv. A.W. CHESTERTON COMPANY Defendants. 1. DEFENDANT CRANE CO. answers the unverified First Amended Complaint for Survival, Loss of Consortium, Wrongful Death - Asbestos ("Complaint") on file here as follows: 2. As an answer by defendant CRANE CO. to plaintiffs’ Complaint, a denial is made to each and every allegation in the Complaint, and a further denial is made that any loss, damage, or injury, or any kind or character, in any sum or amount, has been suffered by plaintiffs by reason of any acts or acts, omission or ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOS~~ ww omissions, fault, carelessness, or negligence on this defendant's part or on the part of any of its agents, servants or employees. 3. AS AND FOR A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOB, it is alleged that the Complaint fails to state facts sufficient to constitute a cause of action against this answering defendant. 4. AS AND FOR A SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that any and all events and happenings in connection with the allegations contained in plaintiffs‘ Complaint and the resulting injuries and damages, if any, referred to therein, were legally caused and contributed to by the negligence, carelessness, and fault of the plaintiffs’ decedent, thereby barring or proportionately reducing plaintiffs’ recovery herein. 5. AS AND FOR A THIRD, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that plaintiffs' decedent 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 plaintiffs, and plaintiffs are thereby barred from recovery herein. 6. AS AND FOR A FOURTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that plaintiffs’ decedent acknowledged, ratified, consented to, and acquiesced in the alleged acts, omissions or fault, if any, of this answering defendant, thus barring plaintiffs from any relief as prayed for herein. 7. AS AND FOR A FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOSY THEREOF, it is alleged that plaintiffs' 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. 8. AS AND FOR A SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that any loss, injury or damage to plaintiffs or plaintiffs’ decedent 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 plaintiffs against this defendant, if any, must be offset by a proportionate amount of the settlement plaintiffs have reached with all other persons, entities or parties. 9. AS AND FOR A SEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiffs are barred from recovery herein by virtue of the application of the doctrine of laches. 10. 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. 11. 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 plaintiffs 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 ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOS\ other conduct of defendant. 12. AS AND FOR A TENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOR, it is alleged that if defendant has purportedly been named or served in this action as a Doe defendant, such effort by plaintiffs is invalid on the grounds that plaintiffs knew, or should have known, of the identity of defendant and of their alleged causes of action against defendant at the time of the filing of the Complaint. 13. AS AND FOR AN ELEVENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that if plaintiffs' decedent sustained any injury or illness attributable to the use of any product manufactured, sold 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. 14... AS AND FOR A TWELFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiffs’ decedent 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. 15. AS AND FOR A THIRTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, 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 plaintiffs' injuries or damages, if any. 16. AS AND FOR A FOURTEENTH, SEPARATE, AND ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOSWY Ww 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 plaintiffs’ decedent or others, and said conduct was not reasonably foreseeable to defendant and proximately caused or contributed to the injuries, losses, and damages complained of, if any there were, thus barring plaintiffs' recovery herein. 17. AS AND FOR A FIFTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that plaintiffs’ decedent 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. 18. AS AND FOR A SIXTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that any exposure of plaintiffs’ decedent 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 plaintiffs or plaintiffs' decedent. 19. AS AND FOR A SEVENTEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOR, 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 plaintiffs, and, therefore, this defendant may not beheld liable to plaintiffs as alleged. 20. 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 ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOSSS industrial knowledge and practice was at all material times such that defendant neither breached any alleged duty owed plaintiffs' decedent, nor knew nor could have known that is product(s) presented a foreseeable risk of harm to plaintiffs’ decedent in the nofmal and expected use of such product(s). 21. AS AND FOR A NINETEENTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION 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. 22. AS AND FOR A TWENTIETH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that if this defendant is responsible to plaintiffs or plaintiffs' decedent, which responsibility is expressly denied, this defendant shall be liable to plaintiffs or plaintiffs' decedent 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. 23. AS AND FOR A TWENTY-FIRST, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, 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, plaintiffs' decedent 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 plaintiffs’ decedent were subject to the provisions of the Workers' Compensation Act of the State of California and plaintiffs’ decedent was entitled to receive workers’ compensation benefits from his employers. Certain sums have been paid to or on behalf of plaintiffs' decedent herein under the applicable provisions of the Labor Code ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOSWY 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 plaintiffs, if any there were. By these premises, any judgment rendered in favor of plaintiffs herein must be reduced by any benefits or payment made or to be made to plaintiffs’ decedent by plaintiffs’ decedent's employer's or employers’ compensation carrier under the authority of Witt vs. Jackson, 57 Cal.2d 57 (1961). 24, AS AND FOR A TWENTY-SECOND, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOF, it is alleged that the plaintiffs' decedent'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 plaintiffs’ decedent of any potential harmful effects from the mishandling, misstorage, and/or misuse of the subject property, if any. Said employer failed to so warn plaintiffs' decedent 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. 25. 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 plaintiffs' decedent'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 plaintiffs' decedent's injuries, if any there were. ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOSNY 26. 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 plaintiffs 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 plaintiffs’ decedent 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 defendant manufactured, assembled, sold, or distributed products to which plaintiffs’ decedent claims exposure. 27. AS AND FOR A TWENTY-FIFTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that defendant denies any and all liability to the extent that plaintiffs 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. 28. AS AND FOR A TWENTY-SIXTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that plaintiffs’ 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. 29. AS AND FOR A TWENTY-SEVENTH, SEPARATE, AND ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOSWY AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that the causes of action asserted herein by plaintiffs fail to state facts sufficient to constitute a cause of action in that plaintiffs 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. 30. AS AND FOR A TWENTY-EIGHTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that plaintiffs' 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. 31. AS AND FOR A TWENTY-NINTH, SEPARATE, AND AFFIRMATIVE DEFENSE TO THE COMPLAINT, AND EACH CAUSE OF ACTION THEREOE, it is alleged that plaintiffs' claim for punitive or exemplary damages, if any, alleged by plaintiffs 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 plaintiffs 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: April |, 2003 JACKSON & WALLACE tip ANSWER OF DEFENDANT CRANE CO. TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOSn PROOF 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 not a party to the within action; my business address is 55 Francisco Street, San Francisco, California 94133; I am employed in San Francisco County, California. Iam readily familiar with my employer's practices for collection and processing of correspondence for mailing with the United States Postal Service. On April, } , 2003, I served a copy of the following documents: ANSWER OF DEFENDANT CRANE CO. TO FIRST AMENDED COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOS on the interested parties in the above-referenced case by following ordinary business practices agd placing for collection and mailing at 55 Francisco Street, San Francisco on April f ¥, 2003, 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: Paul, Hanley & Harley LLP 1608 Fourth Street, Suite #300 Berkeley, CA 94710 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 April 2003. faydd S. Mandle ———— ANSWER OF DEFENDANT CRANE CO, TO COMPLAINT FOR SURVIVAL, LOSS OF CONSORTIUM, WRONGFUL DEATH-ASBESTOS