Docstoc

NO. - Supreme Court of Texas

Document Sample
NO. - Supreme Court of Texas Powered By Docstoc
					                                                                          FILED
                                                                          IN THE SUPREME COURT
                                                                          OF TEXAS
                                                                          12 March 22 P4:36
                                                                           BLAKE. A. HAWTHORNE
                                                                          CLERK
                         NO. _______________________



                     IN THE SUPREME COURT OF TEXAS



                     In re MORTON INTERNATIONAL, INC.

                                      Relator


      Original Proceeding from the 11th District Court of Harris County, Texas,
                        Cause No. 2010-17509 (ASB-MDL),
  The Honorable Mark Davidson, Multi District Litigation Asbestos Judge, Presiding


            RECORD SUPPORTING PETITION FOR WRIT OF MANDAMUS


Michael L. Brem
State Bar No. 02952020
SCHIRRMEISTER DIAZ-ARRASTIA BREM, LLP
Pennzoil Place - North Tower
700 Milam Street, 10th Floor
Houston, Texas 77002
Telephone: (713) 221-2500
Facsimile: (713) 228-3510
Email: mbrem@sdablaw.com
Attorneys for Morton International, Inc.

(Also Attorneys for Additional Defendants
American Cyanamid Company and Wyeth Holdings
Corporation)
        Relator Morton International, Inc. respectfully submits this Record Supporting

Petition for Writ of Mandamus:


                                             INDEX

Tab 1         Plaintiff’ [sic] Third Amended Petition for Wrongful Death and Survival
              Action – Asbestos (filed April 19, 2011)

Tab 2         Plaintiffs’ Fourth Amended Petition for Wrongful Death and Survival
              Action Regarding the Capacity In Which Defendant American Cyanamid Is
              Sued (filed October 26, 2011)

Tab 3         Plaintiff’s Motion to Apply the Law of Louisiana (filed Sept. 19, 2011)

Tab 4         Defendant Morton International, Inc.’s Response to Plaintiff’s Motion to
              Apply the Law of Louisiana (without exhibits) (filed Sept. 21, 2011)

Tab 5         Plaintiff’s Motion to Strike Select Entities Identified in All Defendants’
              Designations of Responsible Third Parties (March 20, 2012)

Tab 6         Order Granting E. I. du Pont de Nemours & Company’s Motion for
              Continuance (signed Dec. 14, 2011)

Tab 7         Affidavit of Michael L. Brem

Tab 8         Statement Concerning Lack of Testimony
Respectfully submitted,

SCHIRRMEISTER DIAZ-ARRASTIA BREM, LLP

By /s/ Michael L. Brem
     Michael L. Brem
     State Bar No. 02952020
     Pennzoil Place - North Tower
     700 Milam Street, 10th Floor
     Houston, Texas 77002
     Telephone: (713) 221-2500
     Facsimile: (713) 228-3510
     Email: mbrem@sdablaw.com

ATTORNEYS FOR RELATOR
                            CERTIFICATE OF SERVICE

       On March 22, 2012, a true and correct copy of this instrument was served on the

following as noted below:

The Honorable Mark Davidson, Respondent
Multi District Litigation Asbestos Judge
11th Judicial District Court
201 Caroline, 8th Floor
Houston, Texas 77002
Telephone: (713) 368-6600
       Via Electronic Service

Susannah B. Chester-Schindler
WATERS & KRAUS, LLP
3219 McKinney Avenue
Dallas, Texas 75204
Attorneys for Plaintiff/Real Party in Interest Curtis Brumley
       Via Electronic Service

Paul D. Henderson
PAUL D. HENDERSON, P.C.
712 West Division Avenue
Orange, Texas 77630
Attorneys for Plaintiff/Real Party in Interest Curtis Brumley
      Via Regular Mail

Other Defendants Remaining in Underlying Action:

Arthur R. Almquist
MEHAFFYWEBER, P.C.
One Allen Center
500 Dallas, Suite 1200
Houston, Texas 77002
Attorneys for The Dow Chemical Company
      Via Electronic Service


                                         /s/ Michael L. Brem
                                         Michael L. Brem
Record Tab
    1
waterskraus

                                                                                                                                                    Apr 19 2011
                                                                                                                             PARINtRS                1020AM
                                                                                                                             C. A.rdew-Wetoraf(lf;, DO.Ne. l.Q

                                                                                                                             ~er A.    Ktau& !ni,V"J
                            PLEASE RESPOND TO THE DALLAS OFFICE
                                                                                                                             C~a~ .. S.    SllliOI O>l

                                                                                                                                      .
                                                                                                                             TJO'IOO G WoH "'· "'
                                                       April 19, 2011                                                        Mlcllael L. Anniate ""w
                                                                                                                             B.Soolll<luka(n)

      VIA LEXIS NEXIS                                                                                                        LNII&C . M..U•n~~

                                                                                                                             Olattas E. VaiiM f"'. rx•
      TO ALL COUNSEL OF RECORD
                                                                                                                             PMJIC. Cook(t)o

                                                                                                                             G.afYM. Pauli('ot+
                 Re:        Curtis Brumley, Individually and as Personal Representative of the                               M~....lllltmenM

                            Estate of Jimmy Brumley, Deceased, vs. Akzo Nobel Polymer                                        Kyt>GiJjl Cole f1lQ

                            Chemicals, LLC, et al, Cause No. 2010-17509-ASB, Asbestos MDL                                    John S. JM<tsky P .IX!

                            Court, Harris County, Texas transferred from Curtis Brumley,                                     Midl..O B. Gurlon ""
                                                                                                                             Sttln L f rost ICA G.t,. rt ~- TXJ
                            Individually and as Personal Representative of the Estate of Jimmy
                                                                                                                             Greg w. Lioembl' a>l
                            Brumley, Deceased, vs. Akzo Nobel Polymer Chemicals, LLC, et aJ,
                            Cause No. A-186,121; 58dl District Court; Jefferson County, Texas;
                                                                                                                             ASSOCI'oTES
                            Trial Date: Not Set
                                                                                                                             Joy SparlflC..,
                            Client Matter #08-0004                                                                           ~M.loow!~

                                                                                                                             Julia L. Celom (UI
      Dear Counsel:                                                                                                          OrnM N. Nichol&c""'
                                                                                                                             Mwk Btttt(<:A,l

              Attached hereto please find a file-marked copy of Plaintiffs Third Amended                                     Oetmtrtos T. Zadl3•cpoolos ~ ·
                                                                                                                             &.lunmh !. ctlester ax;
      Petition for Wrongful Death and Survival Action-Asbestos in reference to the above
                                                                                                                             Jll lan Rlc<>loew roo;
      matter.                                                                                                                Cln<\'Youos c">
                                                                                                                             Mefanle J. Garner (CD. MO. NJ,M')
                 Should you have any questions, please do not hesitate to call.                                              GII>MC. Honder.IMor.r;
                                                                                                                             TaeKlm1~




                                                            ~~
                                                                                                                             Ceule- B. W&te1s (b)
                                                                                                                             Leurel Halbaoy ~~
                                                                                                                             Kathsrroo N. Wlk.tms (!":A. lll)

                                                                                                                             Joanna A. HoJclr51R. w
                                                            Susannah B. Chester                                              M..t< L~>do r"" r~
                                                                                                                             Bel'ltd&Mh Sa ifOII&hl ~

      SBC/kd                                                                                                                 Jennifor l Mi:lntoth tw3

                                                                                                                             An<nw Seltl~<~;
      Attachment
                                                                                                                             Ellz•belh A. Oavls ~"
                                                                                                                             Pet« Klausner «:.Q

                                                                                                                             OFCO!»>SH
                                                                                                                             Kevin E. otlwf ~-.
                                                                                                                             Willam GtllttrMC:r. (ll,-,.
                                                                                                                             Randall L.lll)lap..o-:PI.ll,)

                                                                                                                             GEorge G. T~d lll tOC.Ml,''*O.I'A.TXJ
                                                                                                                             Jo'lathan A. Geotgv ~ u . VJtJ
                                                                                                                             Wm. Paul l.awrenoo II ..._ n. WA(
                                                                                                                             tlo>ld atl<ker""'




      WATI!RS & KRAUS, LIP ATTORNEYS liND COUNSELORS

      DAUAS: 3219 McKINNEY AVENUE DAl\.AS, TEXAS 75204 TEl 214 357 6244 FAX 214 357 7252

      BA~TIMORE: 3 16 NORlli CHARLES STREET BALTIMORE, MARY~AND 21201 TEL 410 528 1153 FAX 410 5281006

      SAN FRANC ISCO: 711 VAN NESS AVENUE SUrrE 220 SAtl FRANCISCO, CALIFORNIA 94102 TEL 800 226 9880 FAX 214 777 0470

      LOS ANGElES: 222 NORTH SEPULVEDA BOULEVARD SUITE.1900 El SEGUNDO, CALIFORNIA 90245 TEL 310 414 8146 FAX 310 414 8!56
ALL ANTICIPATED COUNSEL OF RECORD                                       FAX               PHONE

CSR Ltd f/k/a Colonial Sugar                    Accardo, Frank          504-799-4520      504-799-4500
Hercules Incorporated fka Hercules Chemical     Elliston, Gary          214-210-2500      214-210-2400
Company
Hercules Incorporated fka Hercules Chemical     Williams, Pamela J.     214-210-2500      214-210-2400
Company                                                       ------    ----



Olin Corporation f/k/a Olin Mathieson           Andarsio, Pedro F.      713-650-0659      713-650-0655
Chemical Corp
Olin Corporation f/k/a Olin Mathieson           Bennett, Karen          409-835-2115      409-654-6700
Chemical Corp

ALL KNOWN COUNSEL OF RECORD                                             FAX               PHONE

AKZO Nobel Polymer Chemicals, LLC f/k/a         Denmark, Christina A.   512-476-7832      512-476-7834
Akzona, Inc.
AKZO Nobel Polymer Chemicals, LLC f/k/a         Horne, Nathan R.        512-476-7832      512-476-7834
Akzona, Inc.
Alcoa Inc. (sii Reynolds Metals Company)        Thackston, Robert       214-780-5200     214-780-5100
American Cyanamid Co n/kla Wyeth Holdings Brem, Michael L.              713-228-3510      713-221-2500
Corp (sii Jefferson Chemical
Ametek, Inc. (sii Haveg Industries, Inc.)       Elliston, Gary          214-210-2500     214-210-2400
Ametek, Inc. (sii Haveg Industries, Inc.)       Green, Jennifer L.      214-210-2500     214-210-2400
Ametek, Inc. (sii Haveg Industries, Inc.)       Williams, Pamela J.     214-21 0-2500    214-210-2400
Ashland Oil, Inc. (ind & sii Levingston         Rice, B. Stephen        713-650-0027     713-654-1111
Shipyard and sii Gulfport Shipyard)
Atlantic Richfield Co.                          Bounds, Diane K.        713-220-4285     713-220-4200
Atlantic Richfield Co.                          Taylor, Thomas W.       713-220-4285     713-220-4200
BP America, Inc.                                Bounds, Diane K.        713-220-4285     713-220-4200
BP America, Inc.                                Taylor, Thomas W.       713-220-4285     713-220-4200
BP Products North America, Inc. (sii Amoco      Bounds, Diane K.        713-220-4285     713-220-4200
Corporation)
BP Products North America, Inc. (sii Amoco      Taylor, Thomas W.       713-220-4285     713-220-4200
Corporation)
Branton Insulations, Inc. n/k/a Seville, Inc.   Atwell, Stuart C.       214-922-7101     214-922-7100
Branton Insulations, Inc. n/k/a Seville, Inc.   Florence, Kirk T.       214-922-7101     214-922-7100
Canadianoxy Offshore Production Company         Ledyard, David          409-981-1010     409-981-1000
(ind & sii Cities Service Company)
CBSNiacom/Westinghouse                          Atkinson, Darryl E.     512-328-5556     512-328-5551
Celanese LTO. (ind & f/d/b/a Hoechst            Altamira, Marilyn S.    713-222-0843     713-220-8800
Celanese Chemical Group, LTD., and f/d/b/a
Celanese Corporation)




                                                                                  All Counsel of Record Fax List
Celanese LTO. (ind & f/d/b/a Hoechst               Peters, Jr., Norman   713-222-0843      713-220-8800
Celanese Chemical Group, LTO., and f/d/b/a
Celanese Corporation)
Champlain Cable Corporation f/k/a Hercules,        Elliston, Gary        214-210-2500      214-210-2400
Inc. (ind & sii Haveg Industries, Inc.)
Champlain Cable Corporation f/k/a Hercules,        Green, Jennifer L.    214-210-2500      214-210-2400
Inc. (ind & sii Haveg Industries, Inc.)
Champlain Cable Corporation f/k/a Hercules,        Williams, Pamela J.   214-210-2500      214-210-2400
Inc. (ind & sii Haveg Industries, Inc.)
Columbian Chemicals Company                        Ledyard, David        409-981-1010      409-981-1000

Conocophillips Company fka Phillips 66             Henry, Leslie M.      713-652-5152      713-652-5151

E. I. Du Pont De Nemours and Company               Clark, Sandra F.      409-835-5177      409-835-5011

Eagle, Inc. f/k/a Eagle Asbestos & Packing         Adams, Kent M.        713-759-6830      713-659-6767
Co., Inc.
Entergy Gulf States Louisiana, f/kla Entergy       Kibbe, Christine      409-981-3016      409-981-2535
Gulf States Louisiana, Inc. which was f/k/a
Entergy Gulf States, Inc. (ind & sii Gulf States
Utilities Co.)
Entergy Gulf States Louisiana, f/k/a Entergy       Tolin, David L.       409-835-2115     409-654-6700
Gulf States Louisiana, Inc. which was f/k/a
Entergy Gulf States, Inc. (ind & sii Gulf States
Utilities Co.)
Exxon Mobil Corporation                            Elliston, Gary        214-21 0-2500    214-210-2400

Exxon Mobil Corporation                            Gardner, S. Shayne    214-21 0-2500    214-210-2400

Hercules, Inc.                                     Elliston, Gary        214-21 0-2500    214-210-2400

Hercules, Inc.                                     Green, Jennifer L.    214-210-2500     214-210-2400

Hercules, Inc.                                     Williams, Pamela J.   214-21 0-2500    214-210-2400

J.M. Huber Corporation                             Bega, Stephen P.      512-472-9260     512-472-0288

J.M. Huber Corporation                             Brown, Gregg R.       409-835-2115     409-654-6700

Morton International, Inc.                         Brem, Michael L.      713-228-3510     713-221-2500

Occidental Chemical Company (ind & sii             Ledyard, David        409-981-1010     409-981-1000
Diamond Shamrock Chemical Co)
Olin Corporation f/k/a Olin Mathieson              Zellmer, Mark         314-480-1505     314-480-1500
Chern ical Corp
Reynolds Packaging LLC (ind & sii Reynolds         Thackston, Robert     214-780-5200     214-780-5100
Metals Co.)
Riley Power Inc. f/k/a Riley Stoker                Elliston, Gary        214-210-2500     214-210-2400
Corporation
Sunoco Inc. (sii Sun Oil)                          Werner, Philip        713-626-9708     713-626-2233

Temple-Inland Inc.                                 Cotten, Larry E.      817-338-4599     817-338-4500

Temple-Inland Inc.                                 Martin, Michael E.    817-338-4599     817-338-4500

Temple-Inland Inc.                                 McLain, Matthew T.    817-338-4599     817-338-4500



                                                                                   All Counsel of Record Fax List
The Dow Chemical Company                         Almquist, Arthur R.   713-655-0222     713-655-1200

The Dow Chemical Company                         Eckert, Darah         713-655-0222     713-655-1200

Total Petrochemicals USA, Inc.                   Martin, Kirk E.       409-832-3564     409-833-0202

Union Carbide                                    Terry, Michael G.     361-866-8039     361-866-8000

Wyeth Holding Corporation fka American           Brem, Michael L.      713-228-3510     713-221-2500
Gyanamid-(sihJefferson-Ghemiea
Zurn Industries, LLC (ind & sii Erie City Iron   Steele, Kyle C.       214-905-3976     214-905-2924
Works)

CC:                                                                    FAX              PHONE

Henderson, Paul D.                                                     409-883-8377    409-883-9355




                                                                                All Counsel of Record Fax List
CURTIS BRUMLEY, Individually and as                   §
Personal R epresen tative of tlte Estate of           §
JIMMY BRUMLEY, Deceased,                              §
                                                      §
   Plaintiff                                          §
                                                      §            HARI<rrSCOUNTY, TEXAS
   vs.                                                §
                                                      §                                 ·,
AKZO NOBEL POLYMER CHEl\fiCALS,                       §
LLC, et al                                            §
                                                      §
   Defe/Jdants                                        §            ASBESTOS 1\<IDL COURT


                                         TRANSFERRED FROM

                                          CAUSE NO. A-186,121

CURTIS BRUMLEY, Individually and as                §
Personal R epresentative of the Estate of JIMMY §
BRUMLEY, Deceased,                                 §                  IN THE DISTRICT COURT OF
                                                   §
                                                   §
                                                   §
                  Plaintiff,                       §
                                                   §
     vs.                                           §
                                                   §
AKZO NOBEL POLYMER CHEMICALS, LLC §
f/kla AKZONA, INC.;                                §
AKZONA, INC.f/kla AMERICAN ENKA                    §
CORPORATION;                                       §
ALCOA INC. (sued individually and as successor- ~
in-interest to REYNOLDS MEI'ALS COMPANY); §
AMEIUCAN CYANAMID COMPANY n/k/a                    §
WYETH HOLDINGS CORPORATION (sued                   §
individually arul as successor-in-interest to      §
JEFFERSON CHEMICAL);                               §
                                                                           1
AMETEK, lNC. (sued individually and as             §                    58 " JUDICIAL DISTRICT
successor-in,..interest to HAVEG INDUSTRIES,       §
1NC.);                                             §
ASHLAND OIL, INC. (sued individually and as        ~
successor-in-interest to LEVINGSTON SHIPYARD §
mui as successor-in-interest to GULFPORT           §
SHIPYARD);                                         §
ATLANTIC RICHF1ELD CO.;                            §
BP AMERICA, INC.;                                  §
BP PRODlJCTS NORTH AMEIUCA, INC. (sued §
individually and as successor-in-interest to AMOCO §
CORPORATJONO;                                      §


    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos            Page 1
BRANTON INSULATIONS, INC. nlkla                        §
SEVILLE, INC.;                                         §
CANADIAl'IOXY OFFSHORE PRODUCTION                      §
COMPANY (sued individually and as successor-in-         ~
interest to CITIES SERVICE COMPANY);                    §
ens-1 -Vb\COM I WESTINGHOUSE;                           §
CELANESE LTD. (sued individually and f!dlbla            §
HOECHST CELANSES CHE?vllCAL GROUP,                      §
LID., andf/d/b/a CELANSES CORPORATION);                 §               JEFFERSON COUNTY, TEX.4.S
CHAMPLAIN CABLE CORPORATION f/kla                       §
HERCULES, INC. (sued individually and as                §
successot -in-interest to HAVEG INDUSTRIES,             §
INC.);                                                  §
COLUMBIAN CHEMICALS COMPANY;                            ~
CONOCOPIDLL~SCOMPANYf/k/a                               §
PHILLIPS 66;                                            §
CSR LTD. jlkla COLON(AL SUGAR;                          §
THE DOW CHEI\flCAL COMPANY;                             §
E.I. DUPONT DE NEMOURS AND                              §
COMrANY;                                                §
EAGLE, INC.,flk/a EAGLE ASBESTOS &                  §
PACKING CO., INC.;                                  §
ELF AQUITAINE (sued individually and as             ~
successor-in-interest to TEXAS GULF, INC.);         §
ENTERGY GULF STATES LOUISIANA,flkla §
ENTERGY GULF STATES LOUISIANA, INC., §
which wasf/k/a ENTERGY GULF STATES, INC.§
(sued individually and as successor-in-interest to  §
GULF STATES UTILITIES CO.);                         §
EXXONMOBIL CORPORATION;                             §
GULF STATES UTILITIES COMPANY;                      ~
HERCULESINCORPORATEDf/k/a
JIERCULES CHEMICAL COMPANY;                         ~
HERCULES, INC.;                                     §
J.M. HUBER CORPORA'J10N;                            §
THE McCARTY CORPORATION;                            §
MORTON INT.E RNATIONAL, INC.;                       §
 OCCIDENTAL CHEMICAL CORPORATION §
 (sued individually and as successor~in-interest to §
DIAMOND SHAMROCK CHEMICAL CO);                      §§
 OLIN CORPORATION f/k/a OLIN                        §
MATID.ESON CHEMICAL CORP;
REYNOLDS PACKAGING LLC (sued                        ~
 indivulually and as successor-in-interest to       §
REYNOLDS METALS CO.);                               §
 RaEY POWER INC.flkla RILEY STOKER                  §
 CORPORATION;                                       §
 SUNOCO INC. (sued individually and as successor- §
 in-interest to SUN OIL);                           §
 TEMPLE - INLAND, INC.;                             §
 TOTAL I•ETROCBEMICALS USA INC.;                    §


    Pla-intiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos       Page2
UNION CARBIDE CORPORATION (sued                        §
individually and as successor-in-interest to THE       §
DOW CHEMICAL COMPANY);                                 §
WYETH HOIJJING COPORATIONflk/a                         §
AMERICAN CYANAMID (sued individually and               §
as successor-in-interest to JEFFERSON                  ~
CHEMICAL CORPORATION);                                 §
ZURN INDUSTRIES, INC. (sued individually and           §
as successor-in-interest to ERIE CITY IRON             §
WORKS)~                                                §
                                                       §
                Defendants.                            §
                                                       §



              PLAINTIFF' TlDRD AMENDED PETITION FOR WRONGFUL DEATH
                           AND SURVIVAL ACTION- ASBESTSOS

TO THE HONORABLE JUDGE OF SAID COURT:

        COMES NOW, Plaintiff, CURTIS BRUMLEY, Individually and as Personal Representative and
Executor of the Estate of JIMMY BRUMLEY, Deceased, complaining of the various Defendants listed
below, and for cause of action would show the Court and Jury as follows:
                                                      I.
        1.       Pursuant to T.R.C.P. 190.1, discovery will be conducted Wlder Level2 (T.R.C.P. 190:3).
Certain Defendants named herein reside in this county, maintain offices in this county, and/or have their
principal place of business in this county~ therefore, venue properly lies in this county.       All or a
substantial portion of the acts m· omissions that form the basis for this lawsuit occurred in this County.
Certain acts or omissions, which were a proximate or producing cause of Decedent's asbestos-related
.injuries, occurred in Texas.
        2.       The damages sought by Plaintiff, exclusive of interests and costs, exceed the minimum
jurisdictional limits of the Court.
        3.       Plaintiff CURTIS BRUMLEY resides at 3170 Shivers, Vidor, Texas 77662.
        4.       Defendant, AKZO NOBEL POLYMER CHEMICALS, LLC f/kla AKZONA, INC., a
Delaware corporation, has been served with process through its registered agent, CT Cotporation System,
350 N St. Paul Street, Dallas, Texas 75201. Defendant is being sued as a Premises Defendant.
         5.      Defendant, AKZONA, INC.j/kla AMERICAN ENKA CORPORATION, a Delaware
corporation, has at all times relevant to this litigation conducted business in this State and·while it is
required to maintain a registered agent for service of process, it has not designated such an agency.
Therefore, said corporation has been served with process through its principal place of business, 300



    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos               Pagc 3
South Riverside Plz, Chicago, Illinois 60606, pursuant to the Texas Long-Ann Statute, Tex. Civ. Prac. &
Rem. Code §§ 17.041-.045. Defendant, AKZONA, INC., has been served through the Secretary of State
for the State of Texas who will forward process to a corporate officer to the pri...ncipal place of business
via certified mail, return receipt requested. This Defendant is being sued as a Premises Defendant.
         6.       Defendant, ALCOA INC., a Pennsylvania corporation, has been served with process
through its registered agent, CT Corporation System, 350 N St. Paul Street, Da11as, Texas 75201.
Defendant has been sued individually and as a successor-in-interest to REYNOLDS METALS
COMPANY. This Defendant has been sued as a Premises Defendant.
         7.       Defendant, AMERICAN CYANAMID COMPANY nlkla WYETH HOLDINGS
CORPORATION, a Maine corporation, has been served with process tlrrough its registered agent,
Prentice H all Corporation System, 211 E 7lh Street, Suite 620, Austin, Texas 78701. Defendant has been
sued individually and as a successor-in-interest to JEFFERSON CHEMICAL. This defendant has been
sued as a Premises Defendant.
         8.       Defendant, AMETEK, INC., a Delaware corporation, has been served with process
through its registered agent, CT Corporation System, 350 N St. Paul Street, Dallas, Texas 75201.
Defendant has been sued individually and as a successor-in-interest to HAVEG INDUSTRIES, INC. This
defendant has been sued as a Supplier and an Equipment Defendant.
         9.        Defendant, ASHLAND      on.,   INC., a Kentucky corporation, has been served with
process t1rrough its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas
75201.        Defendant has been sued individually and as a successor-in-interest to LEVINGSTON
SHIPYARD and as successor-in-interest to GULFPORT SHIPYARD. This Defendant has been sued as a
Premises Defendant.
         10.       Defendant, ATLANTIC RICHFIELD CO., a Delaware corporation, has been served
with process through its registered agent, CT Corporation System, 350 Norfu St. Paul Street, Dallas,
Texas 75201. This Defendant has been sued as a Premises Defendant.
         11.       Defendant, BP AMERICA, INC. a Delaware corporation, has been served with process
tlrrough its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201.
This Defendant has been sued as a Premises Defendant.
         12 .      Defendant, BP PRODUCTS NORTH AMERICA, INC., a Maryland corporation, has
been served with process through its registered agent, Prentice-Hall Corporation System, 21 1 E 76.t Street,
Suite 620, Austin, Texas 78701 . Defendant has been sued individually and as a successor-in-interest to
AMOCO CORPORATION. This Defendant has been sued as a Premises Defendant.
         13.       Defendant, BRANTON INSULATIONS, INC. nlk!a SEVILLE, INC., a Louisiana
corporation, has at all times relevant to this litigation conducted business in this State and while it is



    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos                 Page4
required to maintain a registered agent for service of process, it has not designated such an agency.
Therefore, said corporation has been served with process through its principal place of b usiness, 110 I
Edwards Avenue, H arahan, Louisiana 70123, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. &
Rem. Code §§17.041-.045. Defendant, BRANTON INSULATIONS, INC. nlkla SEVILLE, INC., has
been served through the Secretary of State for the State of Texas who will forward process to a corporate
officer to the principal place of business via certified mail, return receipt requested. This Defendant has
been sued as a Contractor and Supplier Defendant.
        14.      Defendant, CANADIAJ~OXY OFFSHORE PRODUCTION COMPANY, a Delaware
corporation, ·may be served with process through its registered agent, The Prentice-Hall Corporation
System, Inc., 2711 Centerville Road, Suite 400, Wilrn:ington, DE 19808.             Defendant has been sued
individually and   as a successor-in-interest to CITIES SERVICES.        This Defendant has been sued as a
Premises Defendant.
        15.      Defendant, CBS I VIACOM I WESTINGHOUSE, a Delaware corporation, has been
served with process through its registered agent, Corporation Service Company dfo/a CSC La\vyers
Incorporating Service Company, 211 E       ih Street, Suite   620, Austin, T exas 78701. This Defendant has
been sued as an Equipment Defendant. .
        16.      Defendant, CELAJ.,TESE LTD., a Texas corporation, has been served with process
through its registered agent, Cf Corporation System, 350 -orth St. Paul Street, Dallas, Texas 75201.
Defendant has been sued individually and f/d/b/a HOECHST CELANSES CHEMICAL GROUP, LTD.,
and £'d/b/a CELANSES CORPORATION. This Defendant has been sued as a Premises Defendant.
        17.      Defen dant, CHAMPLAIN CABLE CORPORATION flk/a HERCULES, INC., a
Delaware corporation, has been served with process through its registered agent, Charlie HiU, C/0
ChamplaiJl Cable Tecas Corp., 9560 Plaza Circle, El Paso, Texas 79927. D efendant has been sued
individually and as a successor-in-interest to HAVEG INDUSTRIES, INC. TI1is defendant has been sued
as a Supplier and an Equipment Defendant.
         18.       Defendant, COLUMBI AN CHE'MICALS COMPANY, a Delaware corporation, has at
all tin1es relevant to this litigation conducted business in this State and while it is required to maintain a
registered agent for service of process, it has not designated such an agency. Therefore, said corporation
has been served with process through its principal place of business, 1800 West Oak Commons Comt,
Marietta, Georgia 30062-2253, pmsuant to the Texas Long-Arm Statute, Tex. Civ. Prac. & Rem. Code
 §§17.041-.045. Defendant, COLUI\<miAN CHEMICALS COMPANY, has been served through the
 Secretary of State for the State of Texas who will forward process to a corporate officer to the principal
place of business via certified mail, return receipt requested. This Defendant has been sued as a Premises
Defendant.



     Plaintiff Third Amended Petition for Wrongful D eath and SuL"vival Action-Asbestos                PageS
        19.     Defendant, CONOCOPIDLLIPS COMPANY flk/a PIDLLIPS 66, a Delaware
corporation, has been served with process tlrrough its registered agent, United States Corporation
Company, 211 E 7 1h Street, Suite 620, Austin, Texas 78701 . This Defendant has been sued as a Premises
Defendant.
        20.     Defendant, CSR LTD. flk/a COLONIAL SUGAR, an Australian corporation, has at all
times relevant to this litigation conducted business in this State and while it is required to maintain a
registered agent for service of process, it has not designated such an agency. Therefore, said corporation
has been served with process through its principal place of business, Trinity 3, 39 Delhi Road, North
Ryde NSW 2113, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. & Rem. Code §§17.041-.045.
Defendant, CSR LTD. flk/a COLONIAL SUGAR, has been served through the Secretary of State for
the State of Texas who will forward process to a corporate officer to the principal place of business via
certified mail, return receipt requested. This Defendant is being sued as a Supplier Defendant.
        21.     Defendant, THE DOW CHEJ\UCAL COMPANY, a Delaware corporation, has been
served with process through its registered agent, CT Corporation System, 350 North St. Paul Street,
Dallas, Texas 75201. This Defendant has been sued as a Premises Defendant.
        22.     Defendant, E.I. DUPONT DE NEMOURS AND COMPANY, a Delaware corporation,
has been served with process through its registered agent, CT Corporation System, 350 North St. Paul
Street, Dallas, Texas 75201. This Defendant has been sued as a Premises Defendant.
        23.     Defendant, EAGLE, INC.,f/kla EAGLE ASBESTOS & PACKING CO., INC., a
Louisiana corporation, has at all times relevant to this litigation conducted business in this State and while
it is required to maintain a registered agent for service of process, it has not designated such an agency.
Therefore, said corporation has been served with process through its principal place of business, 2431
Clio Street, New Orleans, Louisiana 70113, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. &
Rem. Code §§17.041-.045. Defendant, EAGLE, INC.flkla EAGLE ASBESTOS & PACKING CO.,
INC., has been served through the Secretary of State for the State of Texas who will forward process to a
corporate officer to the principal place of business via certified mail, retum receipt requested. This
Defendant has been sued as a Supplier and Contractor Defendant.
        24.     Defendant, ELF AQUITAINE, Louisiana corporation, has at all times relevant to this
litigation conducted business in this State and while it is required to maintain a registered agent for
service of process, it has not designated such an agency. Therefore, said corporation may be served with
process through its domicile registered agent for service in the State of Delaware, to-wit: Wilmington
Trust SP Services, Inc., 1105 N Market Street, Suite 1300, Wilmington, Delaware 19801, pursuant to the
Texas Long-Arm Statute, Tex. Civ. Prac. & Rem. Code §§17.041-.045. Defendant, ELF AQUITAINE,
may be served through the Secretary of State for the State of Texas who will forward process to a



    Plaintifr Third Amended Petition for Wrongful Death and Sm·vival Action-Asbestos                   Page6
corporate officer to the domicile registered agent for service via cetti.fied mail, return receipt requested.
Defendant has been sued individually and as a successor-in-interest to TEXASGULF, INC.).                This
Defendant has been sued as a Premises Defendant.
        25.      Defendant, ENTERGY GULF STATES LOUISIANA, f/k/a ENTERGY GULF
STATES LOlr!SIANA, INC., which was f/k/a ENTERGY GULF STATES, INC., a Texas
corporation, has at all times relevant to this litigation conducted business in this State and while it is
 required to maintain a registered agent for service of process, it has not designated such an agency.
 Therefore, said corporation has been served with process through its agent for service in the State of
 Louisiana, to wit: Mark G. Otts, 639 Loyola Avenue, 26th Floor, N ew Orleans, Louisiana 70113-3125,
 pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. & Rem. Code §§17.041-.045 AND may also be
 served at served with process through its principal place of business, 446 North Blvd, Baton Rouge,
 Louisiana 70802. Defendant, ENTERGY GULF STATES LOUISIANA, flkJa ENTERGY GULF
 STATES LOUISIANA, INC., which was f/k/a.ENTERGY GULF STATES, INC., has been served
 through the Secretary of State for the State of Texas who will forward process to a corporate officer to the
 principal place of business via certified mail, return receipt requested.         Defendant has been sued
 individually and as a successor-in-interest to GULF STATES UTILITIES CO. This Defendant has been
 sued as a Premises Defendant.
         26.     Defendant, EXXONMOBIL CORPORATION, a New Jersey corporation, has been
 served with process tln·ough its registered agent, Corporation Service Company d/b/a CSC Lawyers
 Incorporating Service Company, 211 E 7th Street, Suite 620, Austin, Texas 78701. This Defendant has
 been sued as a Premises Defendant.
         27.     Defendant, GULF STATES UTILITIES COMPANY, a Texas corporation, may be
. served with process through its registered agent, Paul A. Scheurich, 350 Pine Street, Beaumont, Texas
 77701. This Defendant has been sued as a Premises Defendant.
         28.     Defendant,    BERCULES INCORPORATED flk/a                      HERCULES       CHEMICAL
 COMPANY, D elaware corporation, has at all times relevant to this litigation conducted business in this
 State and while it is required to maintain a registered agent for service of process, it has not designated
 such an agency. Therefore, said corporation may be served with process through its domicile registered
 agent for service in the State of Delaware, to-wit: The Corporation Trust Company, Corporation Trust
 Center, 1209 Orange Street, Wilmington, Delaware 19801, pursuant to the Texas Long-Arm Statute, Tex.
 Civ. Prac. & Rem. Code §§17.041-.045. Defendant, HERCULES INCORPORATED, may be served
 through the Secretary of State for the State of Texas who will forward process to a corporate officer to the
 domicile registered agent for service via certified mail, return receipt requested. Tiris Defendant has been
 sued as a Premises, Supplier and Equipment Defendant.



     Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos                 Page?
        29.     Defendant, HERCULES, INC., a Delaware corporation, has at all times relevant to this
litigation conducted business in this State and while it is required to maintain a registered agent for
service of process, it has not designated such an agency . Therefore, said corporation has been served with
process tlrrough its principal place of business, 13 13 Market Street, Wilmington, D elaware 19894,
pursuant to the Texas Long-Ann Statute, Tex. Civ. Prac. & Rem. Code §§17.041-.045.              Defendant,
HERCULES, INC., has been served tlrrough the Secretary of State for the State of Texas who will
forward process to a corporate officer to the principal place of business via certified mail, rettun receipt
requested. Tiris Defendan t has been sued as a Premises, Supplier and Equipment Defendant.
        30.     Defendant, J.M. HUBER CORPORATION, a New Jersey corporation, has been served
with process through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas,
Texas 75201. This Defendant has been sued as a Premises Defendant.
        31.     Defendant, THE McCARTY CORPORATION, a Louisian a corporation, has at all
times relevant to this litigation conducted business in this State and while it is required to maintain a
registered agent for service of process, it has not designated such an agency. Therefore, said corporation
may b e served with process through its principal place of business, Paul H. Spaht, 445 North Blvd., Suite
300, Baton Rouge, Louisiana 70802, pursuant to the Texas Long-Ann Statute, Tex. Civ. Prac. & Rem.
Code §§17.041-.045.      Defendant, THE MCCARTY CORPORATION, may be served through the
Secretary of State for the State of Texas who will forward process to a corporate officer to the principal
place of business via certified mail, return receipt requested. This Defendant has been sued as a Supplier
Defendant.
        32.      Defendant, MORTON INTERNATIONAL, INC., an Indiana corporation, has been
served with process through its registered agent, Corporation Service Company d/b/a CSC Lawyers
Incorporating Service Company, 211 E 7th Street, Suite 620, Austin, Texas 78701. This Defendant has
been sued as a Premises Defendant.
        33.      Defendant, OCCIDENTAL CHEMICAL CORPORATION, a New York corporation,
may be served with process through its registered agent,      cr Corporation    System, 350 North St Paul
Street, Suite 2900, Dallas, Texas 75201. Defendant has been sued individually and as a successor-in-
interest to DIAMOND SHAMROCK CHEMICAL COMPANY. This Defendant is being sued as a
Premises Defendant.
        34.      Defendant, OLIN CORPORATIONjfk/a OLIN MATHIESON CHEMICAL CORP,
a Virginia corporation, has at all times relevant to this litigation conducted business in this State and
while it is required to maintain a registered agent for service of process, it has not designated such an
agency. Therefore, said corporation may be served with process through its domicile registered agent for
service in the State of Virginia, to-wit: CT Corporation System, 4701 Cox Road, Suite 301, Glen Allen,



     Plaintifr Third Amended Petition for Wrongful Death and Survival Action-Asbestos                 Page 8
Virginia 23060-6802, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. & Rem. Code §§17.041-
.045. Defendant, OLIN CORPORATION, may be served through the Secretary of State for the State of
Texas who will forward process to a corporate officer to the domicile registered agent for service via
certified mail, return receipt requested. This Defendant is being sued as a Premises Defendant.
        35.     Defendant, REYNOLDS PACKAGING LLC., a Delaware corporation, has at all times
relevant to this litigation conducted business in this State and while it is required to maintain a registered
agent for service of process, it has not designated such an agency. Therefore, said corporation has been
served with process through its principal place of business, 6641 West Broad Street, Richmond, Virginia
23230, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. & Rem. Code §§17.041-.045.
Defendant, REYNOLDS PACKAGING LLC., has been served through the Secretary of State for the
State of Texas who will forward process to a corporate officer to the principal place of business via
certified mail, return receipt requested. Defendant has been sued individually and as successor-in-interest
to REYNOLDS METALS, CO. This Defendant has been sued as a Premises Defendant.
        36.     Defendant, RILEY POWER INC. f/kla RlLEY STOI<ER CORPORATION, a
Jvfassachusetts corporation, has been served with process through its registered agent, CT Corporation
System, 350 North St. Paul Street, Dallas, Texas 75201. This Defendant has been sued as an Equipment
Defendant.
        37.      Defendant, SUNOCO INC., a Pennsylvania corporation, has been served with process
tlrrough its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201.
Defendant has been sued individually and as a successor-in-interest to SUN OIL. This Defendant is being
sued as a Premises Defendant
        38.      Defendant, TEMPLE- INLAND, INC, a Delaware corporation, has been served with
process through its registered agent, Corporation Service Company d/b/a CSC La\VYers Incorporating
Service Company, 211 E     ib Street, Suite 620, Austin, Texas 78701. This Defendant has been sued as a
Premises Defendant.
         39.     Defendant, TOTAL PETROCHEMICALS USA INC., a Delawm-e corporation, has
been served with process through its registered agent, CT Corporation System, 350 North St. Paul Street,
Dallas, Texas 75201. This Defendant is being sued as a Premises Defendant.
         40.     Defendant, UNION CARBIDE, a New York corporation, has been served with process
through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201.
Defendant has been sued individually and as a successor-in-interest to THE DOW ClillMICAL
COMPANY. This Defendant has been sued as a Premises and an Employer Defendant.
         41.     Defendant, WYETH HOLDING COPORATION flkla AMERICAN CYANAMID, a
Maine corporation, may be served with process through its registered agent, CT Corporation System, 350



     Plaintiff Third Amended Petition for Wrongful Death and Survival Action-Asbestos                   Page9
N St. Paul, Suite 2900, Dallas, Texas 75201-4234. Defendant has been sued individually and as a
successor-in-interest to JEFFERSON CHEMICAL CORPORATION. This Defendant is being sued as a
Premises Defendant.
        42.      Defendant, ZURN INDUSTRIES, INC., a Delaware corporation, has been served with
process through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas
75201. Defendant has been sued individually and as successor-in-interest to ERIE CITY IRON WORKS.
This Defendant has been sued as an Equipment Defendant.
        43.      This action is brought and these allegations are made pursuant to Tex. Civ. Prac. & Rem.
Code § 71.031.
        44.      Each and every allegation in this Petition is expressly made in the alternative to, as well
as in addition to, every other allegation.
                                               COUNT ONE
                                             STRICT LIABILITY

        45.      Plaintiff sues each of the Defendants, and state as follows:
        46.      Decedent was a career union insulator from approximately 1953 tlrrough his retirement in
1998. Throughout the course of his career, Decedent worked with unreasonably dangerous asbestos
containing products.
        47.      Defendants' asbestos products were defective in design in that they contained harmful,
deleterious, carcinogenic and inherently dangerous asbestos dust and fibers which unreasonably
endangered the life and health of not only persons working with or around the asbestos products, but
persons exposed to asbestos Uuough household members that worked with or arotmd the asbestos
products.
        48.      Prior to the date that Decedent was exposed, either directly or indirectly, to the
Defendants' asbestos products, each of the Defendants possessed medical and scientific data from which
those Defendants lmew that their asbestos products were hazardous to the life, health and safety of
persons who were exposed to the asbestos products.
        49.      Despite their knowledge, the Defendants, prompted by pecuniary motives, individually
and collectively, failed and refused to warn users of their products, and those who worked in close
proximity thereto, of the life-threatening health hazards of exposure to asbestos fibers ahd dust, thereby
also making their products defective and unreasonably dangerous. Moreover, the Defendants, in wanton
and recldess disregard for human life and health, deliberately, intentionally and purposely withheld and
concealed such information from users of their products. The Defendants also failed and refused to take
other reasonable actions which would have lessened the dangerous and potentially lethal characteristics of
their asbestos products.



    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action~Asbestos                Page 10
        50.     The Defendants' asbestos products were also defective and unreasonably dangerous in
that they failed to perform as safely as an ordinary consumer would expect.
        51.     As a direct and proximate result of Decedent's exposure to the Defendants' asbestos
products, Decedent developed mesothelioma and died. As a result of his illness, Decedent suffered severe
conscious pain and suffering, including, but not limited to, great physical pain, emotional anxiety and
mental distress and has incurred substantial expenses for medical and hospital care in between the time he
developed mesothelioma and the time of his death. Additionally, from the time Decedent developed
mesothelioma, his enjoyment of life was impaired and his life was shortened.
        52.     VlHEREFORE, Plaintiff requests judgment against each and every Defendant in the form
of general, special, and punitive damages as more specifically set out below.

                              COUNT TWO
      ALLIGATIONS AGAINST MANUFACTURING AND EQUIPMEl\TT DEFENDANTS

        53.     Certain Defendants, including AMETEK, INC., CBS I VIACOM I WESTINGHOUSE,
CHAMPLAIN CABLE CORPORATION f/k/a HERCULES, INC., HERCULES INCORPORATED f/k/a
HERCULES CHEMICAL COMPANY, HERCULES, INC., and WRN INDUSTRIES, LLC.,
(Manufact11ring and Equipment Defendants) created hazardous and deadly conditions to which Decedent
JIMMY BRUMLEY, was exposed and which caused Decedent TIMMY BRUMLEY, to be exposed to a
large amount of asbestos fibers. Plaintiff alleges that Decedent JIMMY BRUMLEY was exposed to
asbestos-containing products and machinery requiring or calling for the use of asbestos or asbestos-
containing products in his occupation. Each Defendant corporation or its predecessor-in-interest is, or at
times material hereto, has been engaged in the mining, processing, manufacturing, design, sale, and
distribution of asbestos or asbestos-containing products and machinery requiring or calling for the use of
asbestos and asbestos-containing products.
        54.     Plaintiff would show that Decedent JIMMY BRUMLEY had been exposed, on numerous
occasions, to asbestos-containing products and machinery requiring or calling for the use of asbestos or
asbestos-containing products produced and sold by Defendants and, in so doing, had inhaled great
quantities of asbestos fibers. Further, Plaintiff alleges, as more specifically set out below, that Decedent
JIMMY BRUMLEY suffered illness, disabilities and death proximately caused by his exposure to
asbestos-containing products designed, manufactured and sold by Defendants.
        55.     Decedent JIMMY BRUMLEY was exposed to asbestos-containing products and
machinery requiring or calling for the use of asbestos or asbestos-containing products that were
manufactured, designed, and distributed by the Defendants and their predecessors-in-interest for use as
constmction materials or machinery in industrial operations. Plaintiff would show that the defective



    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos               Page ll
design and condition of the products rendered such products unreasonably dangerous, and that the
asbestos-containing products and machinery were in this defective condition at the time they were
designed by or left the hands of Defendants. Plaintiff would show that Defendants' asbestos-containing
products and machinery requiring or calling for the use of asbestos-containing products were defective in
the manner in which they were marketed for their failure to contain or include warnings regarding
potential asbestos health hazards associated with the use of or the exposure to the products. Plaintiff
would show that this market defect rendered such products and machinery requiring or calling for the use
of asbestos-containing products unreasonably dangerous at the time they were designed or left the hands
of the Defendants. Plaintiff would show that Defendants are liable in product liability including, but not
limited to, strict product liability for the above-described defects.
        56.      The Defendants are or were engaged in the business of selling, manufacturing, producing,
designing, and otherwise putting into the stream of commerce.- asbestos-containing products and
machinery requiring or calling for asbestos or asbestos-containing products; and these asbestos-containing
products and machinery, without substantial change in the condition in which they were sold,
manufactured, produced, designed, and otherwise put into the stream of commerce, were a proximate and
producing cause of the illness, disabilities and death of Decedent JIMMY BRUMLEY.
         57.     Defendants knew that these asbestos-containing products and machinery would be used
without inspection for defects and, by placing them on the market, represented that they would safely do
the job for which they were intended, which must necessarily include safe manipulation or installation of
the asbestos-containing products or operation, maintenance and repair of the machinery requiring or
calling for the use of asbestos and asbestos-containing products.
         58.     Decedent JIMMY BRUMLEY was unaware of the hazards and defects in the asbestos-
containing products of the Defendants, which made them tmsafe for purposes of manipulation or
installation. Similarly, Decedent JIMMY BRUMLEY was unaware of th~ hazards and defects in the
machinery requiring or calJing for the use of asbestos and asbestos-containing materials.
         59.     During the periods that Decedent JIMMY BRUMLEY was exposed to the asbestos-
containing products and machinery of the Defendants, these asbestos-containing products and machinery
were being utilized in a manner, which was intended by Defendants.
         60.     The illness, disabilities and death of Decedent JIMMY BRUMLEY are also a direct and
proximate result of the negligence of each Defendant and its predecessor-in-interest in that said entities
produced, designed, sold, and otherwise put into the stream of commerce asbestos and asbestos-
containing products and machinery requiring or calling for the use of asbestos and asbestos-containing
products, which the Defendants knew, or in the exercise of ordinary care, should have known were
deleterious and highly harmful to Decedent JIMMY BRUMLEY's health and well-being. Defendants



     Plaintiff Third Amended Petition for Wrongful Death and Survival Action-Asbestos              Page 12
created hazardous and deadly conditions to which Decedent JIMMY BRUMLEY was exposed and which
caused Decedent JIMMY BRUMLEY to be exposed to a large amount of asbestos fibers. The Defendants
were negligent in one, some, or all of the following respects, among others, same being the proximate
cause of Decedent JIMMY BRUMLEY's illness, disabilities and death:
       (a)     in failing to timely and adequately warn Decedent JIMlvfY BRUMLEY of the dangerous
               characteristics and serious health hazards associated with exposure to asbestos and
               asbestos-containing products or machinery requiring or calling for the use of asbestos and
               asbestos-containing products;
       (b)     in failing to provide Decedent JIMMY BRUMLEY with information as to what would b e
               reasonably safe and sufficient wearing apparel and proper protective equipment and
                appliances, if in truth there were any, to protect Decedent JIMMY BRUMLEY from
                being harmed and disabled by exposure to asbestos and asbestos-containing products or
                machinery requiring or calling for the use of asbestos and asbestos-containing products;
        (c)     in failing to place timely and adequate warnings on the containers of said asbestos and
                asbestos-containing products or machinery requiring or calling for the use of asbestos and
                asbestos-containing products to warn of the dangers to health of coming into contact with
                said asbestos~containing products and machinery;
        (d)     in failing to take reasonable precautions or exercise reasonable care to publish, adopt, and
                enforce a safety plan and safe method of handling and installing asbestos and asbestos-
                containing products or utilizing the machinery requiring or calling for the use of asbestos
                and asbestos-containing products in a safe marm.er;
        (e)     in failing to develop and utilize a substitute material or design to eliminate asbestos fibers
                in the asbestos-containing products or the machinery requir.ing or calling for the use of
                asbestos and asbestos-containing products;
        (f)     in failing to properly design and manufacture asbestos and asbestos-containing products
                or machinery requiring or cailing for the use of asbestos and asbestos-containing products
                for safe use under conditions of use that were reasonably anticipated;
        (g)                                                                                   ore they
                in failing to properly test said asbestos-containing products and machinery bef
                were released for consumer use; and
        (h)     in failing to recall or remove from the stream of commerce said asbestos-containing
                products or machinery requiring or calling for the use of asbestos and asbestos-containing
                products despite knowledge of the unsafe and dangerous nature of such products and
                machinery.
                                             COUNT THREE



    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos                 Page 13
                      ALLEGATIONS AGAINST PREMISES DEFENDANTS

       61.      All of the allegations contained in the previous paragraphs are realleged.
       62.     Decedent JIMMY BRUMLEY, worked at premises owned by AKZO NOBEL
POLYMER CHEMICALS, LLC f/k/a AKZONA, INC., AKZONA. INC. flk/a AMERICAN ENKA
CORPORATION, ALCOA INC., AMERICAN CYANA1v1ID COMPANY n/k/a WYETH HOLDINGS
CORPORATION, ASHLAND OIL, INC., ATLANTIC RICHFIELD CO., BP AMERICA, lNC., BP
PRODUCTS NORTH AMERJCA, INC., CANADIANOXY OFFSHORE PRODUCTION COMPANY,
CELANESE LTD., COLUMBIAN CHEMICALS COMPANY, CONOCOPHILLIPS COMPANY fJk/a
PHILLIPS 66, THE DOW CHEMICAL COMPANY, E.I. DUPONT DE NEMOURS AND COMPANY,
ELF AQUITAINE, ENTERGY GULF STATES LOUISIANA, f/k/a ENTERGY GULF STATES
LOUISIANA,      INC., which       was   £fk/a   ENTERGY GULF            STATES, INC.,        EXXONMOBIL
CORPORATION, GULF STATES UTILITIES COMPANY, HERCULES INCORPORATED £1k/a
HERCULES CHEMICAL COMPANY, HERCULES, INC., J.M. HUBER CORPORATION, MORTON
INTERNATIONAL, INC., OCCIDENTAL CHEMICAL CORPORATION, OLIN CORPORATION
f/k/a OLIN MATHIESON CHEMICAL CORP, REYNOLDS PACKAGING LLC., SUNOCO INC.,
TE:M:PLE - INLAND, INC., TOTAL PETROCHEMICALS USA INC., UNION CARBIDE, and
WYETII HOLDINGS CORPORATION (Premises Defendants) at which he was exposed to asbestos
products and dust from asbestos products.
        63.     At all times mentioned herein, the PREMISES DEFENDANTS, each respectively,
owned, leased, maintained, managed and controlled the following premises when Decedent was present.
Fmiher, Defendants controlled the manner in which Decedent performed his work at Defendant's
premises. The following information provided is preliminary and is based on recall of events covering
many years, and further investigation and discovery may produce additional infom1ation:
PREMISES OWNER DEFENDANT                             LOCATION
AKZO NOBEL POLYMER CHEMICALS,                        Enka Mylon (near Morristown, TN)
LLC
AKZONA, INC.                                         Enka Mylon (near Morristown, TN)
ALCOA, INC.                                          Reynolds Aluminum (near Jngelside, TX)
AMERICAN CYANAMID COMPANY                            Jefferson Chemical (near Port Neches, TX)
ATLANTIC RICHFIELD CO.                               Atlantic Refinery (near Port Arthur, TX)
                                                     Sinclair Koppers a/k/a Arco Polymers (near Port
                                                     Arthur, TX and Port Neches, TX)
BP AMERICA, INC.                                     Atlantic Refin~(near Port Neches, TX)
BP PRODUCTS NORTH AMERICA, INC.                      Atlantic Refinery (near Port Neches, TX)
                                                     AMOCO (near Texas City, TX)
CANADIANOXY OFFSHORE                                 Cities Services (near Lake Charles, LA)
PRODUCTION COMPANY
CELANESE LTD.                                         Celanese (near Jackson, Alabama)



    Plaintiff' Tillrd Amended Petition for Wrongful Death and Survival Action-Asbestos             Page 14
COLUMBIAN CHEMICALS COMPANY       Columbia Carbide (near Conroe, TX)
                                  Carbon Black (near Franklin, LA)
CONOCOPHILLIPS COMPANY            Phillips Refmery (near Pasadena, TX)
THE DOW CHEMICAL COMPANY          Dow Chemical (near Freeport, TX)
E.l. DUPONT DE NEMOURS AND        Du Pont (near Beaumont, TX)
COMPANY                           Du Pont (near Orange, TX)
ELF AQUITANE                      Tex as Gulf Sulpher (near Fannett, TX)
ENTERGY GULF STATES LOillSIANA    Gulf State Utilities (GSU) (near Beaumont, TX)
EXXONMOBIL CORPORATION            Exxon Refinery (near Baytmvn, TX)
                                  Mobil Refinery (near Beaumont, TX)
                                  Mobil Chemical (near Beaumont, TX)
                                  Mobil TPA (near Beaumont, TX)
GULF STATES UTILITIES COMPANY      Gulf State Utilities Company (GSU) (near
                                  Beaumont, TX)
MORTONlNTERNATIONAL, INC.         Morton Salt Com_l)_any (near Franklin, Louisiana)
OCCIDENTAL CHEMICAL CORPORATION, Big Diamond, Diamond Alkali, Diamond Shamrock
                                 . (near Deer Park, TX)
OLIN CORPORATION                   Olin Chemical (Beaumont, TX)
REYNOLDS PACKAGING, LLP            Reynolds Aluminum (near Ingelside, TX)
SUNOCO, INC.                       Sun Oil (near New Orleans, LA)
TEMPLE-INLAND, INC.                TIN (Evadale, TX)
TOTAL PETROCHEMICALS USA, INC.     Atlantic Refinery (near Port Neches, TX)
UNION CARBIDE CORPORATION          Union Carbide (near Seadrift, TX)
                                   Union Carbide (near Texas City, TXJ
WYETH HOLDING CORPORATION          Jefferson Chemical (near Port Neches, TX)


        64.     While present at premises owned by Premises Defendants, Decedent JIMMY
BRUMLEY, was continuously exposed to asbestos and asbestos-containing dust without the provision of
appropriate safeguards by Premises Defendants, who had the responsibility for such.
        65.     Plaintiff would further show Decedent's illness, disabilities and death were the result of
intentional acts and omissions and negligence and gross negligence in the use of asbestos at Premises
Defendants. Premises Defendants failed to properly remove and abate said asbestos at these facilities
during the time Decedent was working 1here.
        66.     Plaintiff would show that the Defendants were negligent, grossly negligent, and
committed certain intentional acts, all of which were the proximate cause of the disease and injuries
resulting in mesothelioma and death from exposure to asbestos.
        67.     In particular, Plaintiff would show that Premises Defendants demonstrated such an entire
want of care as to establish 1hat their acts and omissions were the result of actual conscious indifference to
the rights, safety, and welfare of the Decedent, and that such intentional acts and omissions proximately
caused Decedent's illness, disabilities and death.
        68.     Specific intentional acts and acts constituting negligence and gross negligence committed
by Premises Defendants that proximately caused Decedent's illness, disabilities and death include:


    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos                 Page 15
                    a) Failing to provide safe equipment for Decedent to use;
                    b) Failing to provide adequate safety measures and protection against deadly and
                         life-threatening asbestos dust, all despite Premises Defendants' knowledge of the
                         extreme risk of hann inherent to asbestos exposure;
                    c) Failing to adequately wam Decedent of the inherent dangers of asbe::,tos
                         contamination despite Defendant's actual knowledge of such dangers;
                    d) Failing to adequately warn Decedent's employers of the inherent dangers of
                         asbestos contamination despite Defendant's actual knowledge of such dangers;
                    e) Failing to maintain the ambient and environmental conditions of the premises in
                         proper and safe condition;
                    f) Attempting to remove asbestos dust in Decedent's workplace without taking
                         adequate precautions for the protection of workers in the vicinity and/or ill the
                         premises generally;
                    g) Failing to provide adequate ventilation to ensure that individuals in the vicinity
                         were not exposed to asbestos;
                    h) Failing to provide a proper and safe method for the use of asbestos and asbestos
                         fibers ;
                    i)   Failing to adhere to industry safe standards and other established measures to
                         protect workers from harm;
                    j)   Failing to adequately warn of the extreme Iisk of danger of inherent to asbestos
                         exposure, and
                    k) Failing to properly remove and abate asbestos from the premises while Decedent
                         worked at the premises.
        69.     Premises Defendants demonstrated such an entire want of care as to establish that their
acts and omissions alleged above were the result of actual conscious indifference to the rights, safety, and
welfare of Decedent.


                                               COUNT FOUR
                    ALLEGATIONS AGAINST CONTRACTOR DEFENDANTS

        70.     All of the allegations contained in the previous paragraphs are re-alleged herem
        71.     The illness, disabilities and death of Decedent JIMMY BRUMLEY are a direct and
proximate result of the negligence of each Defendant or its predecessor-in-interest in that said entities
produced, designed, sold or otherwise put into the stream of commerce, asbestos, asbestos-containing
products or machinery requiring or calling for the use of asbestos or asbestos-contaming products, which



    Plaintiff Third Amended Petition for Wrongful Death and Survival Action-Asbestos                Page 16
the Defendants knew, or in the exercise of ordinary care, should have known were deleterious and highly
harmful to Decedent's health and well-being.          Certain Defendants, EAGLE INC. f/k/a EAGLE
ASBESTOS & PACKING CO., INC. and BRANTON INSULATIONS, INC. n/k!a SEVILLE, INC.
(Contractor Defendants) created hazardous and deadly conditions to which Decedent JIMMY
BRUMLEY was exposed and which caused Decedent JIMMY BRUMLEY to be exposed to a large
amount of asbestos fibers. The Defendants were negligent in one, some or all of the following respects,
among others, same being the proximate cause of Decedent JIMMY BRU1v1LEY's illness, disabilities and
death:
           a) in failing to timely and adequately warn Decedent of the dangerous characteristics and
                serious health hazards associated with exposure to asbestos, asbestos-containing products
                or machinery requiring or calling for the use of asbestos and           asbestos~ontain1ng

                products;
            b) in failing to provide Decedent with information as to what would be reasonably safe and
                sufficient wearing apparel and proper protective equipment and appliances, if in truth
                there were any, to protect Decedent from being banned and disabled by exposure to
                asbestos, asbestos-containing products, or machinery requiring or calling for the use of
                asbestos or asbestos-containing products;
            c) in failing to place timely and adequate warnings on the containers of said asbestos, or
                asbestos-containing products, or on the asbestos-containing products themselves, and
                machinery requiring or calling for the use of asbestos or asbestos-containing products to
                warn of the dangers to health of coming into contact with said asbestos-containing
                products and machinery;
            d) in failing to take reasonable precautions or exercise reasonable care to publish) adopt and
                enforce a safety plan or safe method of handling and installing asbestos and asbestos-
                containing products, or utilizing the machinery requiring or calling for the use of asbestos
                or asbestos-containing products in a safe manner,
            e) in failing to properly test said asbestos-containing products and machinery before they
                were released for consumer use; and
            f) in failing to recall or remove from the stream of commerce said asbestos-containing
                products or machinery or machinery requiring or calling for the use of asbestos or
                asbestos-containing products despite knowledge of the unsafe and dangerous nature of
                such products or machinery.

                                     COUNT FIVE
                      ALLEGATIONS AGAINST EMPLOYER DEFENDANTS


    Plaintiff' Third Amended Petition for Wrongful Death and Sw-vival Action-Asbestos               Page 17
        1.      All of the allegations contained in the previous paragraphs are realleged.
        2.       Defendant, UNION CARBIDE CORPORATION was at all times relevant the employer
of Decedent JIM:MY BRUMLEY. Plaintiff would show that Defendant, UNION CARBIDE
CORPORATION, (Employer Defendant) was negligent, grossly negligent, and intentionally committed
certain acts and omissions which created conditions at the workplace which were a proximate cause of his
illness, disabilities and death resulting from exposure to asbestos.
        3.       In particular, Plaintiff would show that the Defendant demonstrated such an entire want
of care as to establish that its acts and omissions were the result of actual conscious indifference to his
rights, safety and welfare and that such specific acts of negligence, gross negligence and intentional acts
or omissions committed by the Defendan~ that proximately caused lung cancer include:
                     a) Failing to provide safe equipment for Decedent to use;
                     b) Failing to provide adequate safety measures and protection against deadly and
                           life-threatening asbestos dust, all despite Premises Defendants' knowledge of the
                           extreme risk of hatm inherent to asbestos exposure;
                     c) Failing to adequately wam Decedent of the inherent dangers of asbestos
                           contamination despite Defendant's actual lmowledge of such dangers;
                     d) Failing to adequately warn Decedent's employers of the inherent dangers of
                           asbestos contamination despite Defendant's actual knowledge of such dangers;
                     e) Failing to maintain the ambient and enviromnental conditions of the premises in
                           proper and safe condition;
                      f) Attempting to remove asbestos dust in Decedent's workplace without taking
                           adequate precautions for the protection of workers in the vicinity and/or in the
                           premises generally;
                      g) Failing to provide adequate ventilation to ensure that individuals in the vicinity
                           were not exposed to asbestos;
                      h) Failing to provide a proper and safe method for the use of asbestos and asbestos
                           fibers;
                      i)   Failing to adhere to industry safe standards and other established measures to
                           protect workers from harm;
                     j)    Failing to adequately warn of the extreme risk of danger of inherent to asbestos
                           exposure, and
                      k) Failing to properly remove and abate asbestos from the premises while Decedent
                           worked at the premises.



     Plaintiff Third Amended Petition for Wrongful Death and Survival Action-Asbestos                Page 18
                                    COUNT SIX
                      ALLEGATIONS AGAINST SUPPLIER DEFENDANTS

       4.       All of the allegations contained in the previous paragraphs are rea1leged.
       5.       For all pertinent times, AMETEK, Il:"'C., BRANTON INSULATIONS, INC. nlk/a
SEVTI.-LE, INC., CHAMPLAIN CABLE CORPORATION flk/a HERCULES, INC., CSR LTD. f/kla
COLONIAL SUGAR, EAGLE, INC., £'k/a EAGLE ASBESTOS & PACKING CO., INC., HERCULES
INCORPORATED flk/a HERCULES CHEMICAL CO:MPANY, HERCULES, INC. and THE
MCCARTY CORPORATION, (Supplier Defendants), individually, sold, distributed, and supplied
asbestos and asbestos-containing product(s), which Decedent JIMMY BRUMLEY came in contact with
and utilized, and asbestos which Decedent JIMMY BRUMLEY inhaled, causing his illness, disabilities
and death.
        6.      Supplier Defendants as manufacturers, miners, shippers and suppliers of asbestos fibers
to various locations owned and operated by asbestos product manufacturers, are liable to Plaintifi for
failure to wam Decedent of the health hazards of exposure to asbestos and failure to design and package
its product of raw asbestos so as to adequately protect and warn users of the dangers of exposure to
asbestos.
        7.      Further, Supplier Defendants are liable to Plaintiff as professional vendor of asbestos-
containing products, and as such, because of the Defendants' size, volume of business and merchandising
practices, knew or should have known of the defects of the asbestos products it sold, and is strictly liable
and negligent for failing to wam the users of potential health hazards from the use of said products.
        8.      Fmther, Supplier Defendants made misrepresentations regarding the safety of asbestos to
the asbestos-product manufacturers, thereby fraudulently inducing other sophisticated users to use
Supplier Defendant's asbestos instead of other types. As such, Supplier Defendants are liable to the
Plaintiff because Supplier Defendant's fraudulent misrepresentations were detrimentally relied upon (1)
by asbestos-product manufacturers incorporating Supplier Defendant's raw asbestos into their finished
product and (2) by the Decedent JIMMY BRUMLEY who was exposed to the asbestos-containing
product.
           9.   Finally, Supplier Defendants are liable to Plaintiff because they knew or should have
known that the asbestos products, which they sold and supplied, were umeasonably dangerous in nonnal
use, and their failure to conununicate this information constitutes negligence. This negligence was the
cause of Decedent's illness, disabilities including, but not limited to, mesothelioma, asbestosis, asbestos-
induced pleural disease and death.




    Plaintiff Third Amended Petition fo! Wrongful Death and Survival Action-Asbestos                    Page 19
                                 COUNT SEVEN
                 CONSPIRACY ALLEGATIONS AGAINST ALL DEFEl'H>ANTS

        10.     AU of the allegations contained in the previous paragraphs are re-alleged herein.
        11.     Plaintiff further alleges that Defendants or their predecessors-in-interest knowingly
agreed, contrived, combined, confederated, and conspired among themselves and with other entities to
cause Decedent JIMMY BRUMLEY's illness, disabilities and death by exposing him to harmful and
dangerous asbestos-containing products and machinery requiring or calling for asbestos-containing
products. Defendants and other entities further knowingly agreed, contrived, combined, confederated,
and conspired to deprive Decedent of the opportunity of informed free choice as to whether to use said
asbestos-containing products and machinery or to expose himself to said dangers.       Defendan~   committed
the above-described wrongs by willfully misrepresenting and suppressing the truth as to the risks and
dangers associated with the use of and exposm·e to Defendants' asbestos-containing products and
machinery requiring or calling for the use of asbestos-containing products.
        12.     In furtherance of said conspiracies, Defendants performed the following overt acts:
                (a)     for many decades, Defendants, individually, jointly, and in conspiracy with each
                        other and other entities, have been in possession of medical and scientific data,
                        literature and test reports which clearly indicated that the inhalation of asbestos
                        dust and fibers resulting from the ordinary and foreseeable use of said asbestos-
                        containing products and machinery calling for the use of asbestos-containing
                        products were unreasonably dangerous, hazardous, deleterious to hwnan health,
                        carcinogenic, and potentially deadly;
                (b)     despite the medical and scientific data, literature and test reports possessed by
                         and available to Defendants, Defendants individually, jointly, and in conspiracy
                        with each other and other entities, fraudulently, willfully, and maliciously:
                        (l)      withheld, concealed and suppressed said medical and scientific data,
                        literature and test reports regarding the risks of asbestosis, cancer, mesotl1elioma
                         and other illnesses and diseases from Decedent JIMMY BRUMLEY who was
                         using and being exposed to Defendants' asbestos-containing products and
                         machinery requiring or calling for the use of asbestos-containing products;
                         (2)     caused to be released, published, and disseminated medical and scientific
                         data, literature and test reports containing information and statements regarding
                         the risks of asbestosis, cancer, mesothelioma and other illnesses and diseases,
                         which Defendants knew were incorrect, incomplete, outdated, and misleading;
                         and


    Plaintifr Third Amended Petition for Wrongful Death and Survival Action-Asbestos                    Page 20
                    (3)     distorted the results of medical examinations conducted upon Plaintiff
                    and workers such as Decedent JIMMY BRUMLEY who were using asbestos-
                    containing products and machinery requiring or calling for the use of asbestos
                    and being exposed to the inhalation of asbestos dust and fibers by falsely stating
                    or concealing the nature and extent of the harm to which Decedent JIMMY
                    BRUMLEY and workers such as Decedent have suffered.
           (c)      Other conspirators participating in the conspiracy, or in ongoing or subsequent
                    conspiracies were (hereinafter called the "conspirators'') member companies in
                    the Quebec Asbestos Mining Association, the Asbestos Textile fustitute, or the
                    Industrial Hygiene Foundation. Acting in concert, the conspirators fraudulently
                    misrepresented to the public and public officials, inter alia, that asbestos did not
                    cause cancer and that the disease asbestosis had no association with pleural and
                    pulmonary cancer and affirmatively suppressed information concerning the
                    carcinogenic and other adverse effects of asbestos exposure on the human
                    respiratory and digestive systems.
            (d)     In addition, Defendants contrived, combined, confederated, and conspired
                    through a series of industry trade meetings and the creation of organizations such
                    as the Air Hygiene Foundation (later the fudustrial Hygiene Foundation) to
                    establish authoritative standards for the control of industrial dusts which would
                    act as a defense in personal injury lawsuits, despite knowing that compliance
                    with such standards would not protect workers such as Decedent J1MMY
                    BRUMLEY ft·om contracting asbestos disease or cancer.
            (e)     fu furtherance of said conspiracies, Defendants and their co-conspirators
                     contributed to cause the establishment of a Threshold Limit Value for asbestos
                     exposure, and contributed to the maintenance of such Threshold Limit Value
                     despite evidence that this supposed "safe" level of exposure to asbestos would
                    not protect the health of workers such as Decedent JIMMY BRUMLEY even if
                     complied with.
             (f)     As the direct and proximate result of the false and fraudulent representations;
                     omissions, and concealments set forth above, Defendants, individually, jointly,
                     and in conspiracy with each other, intended to induce the Decedent JIMMY
                     BRUMLEY to rely upon said false and fraudulent representations, omissions,
                     and concealments to continue to expose themselves to the dangers inherent in the
                     use of and exposure to Defendants' asbestos-containing products and machinery



Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos               Page 21
                         requiring or calling for the use of asbestos which caused the release of respirable
                         asbestos fibers.
        13.     Decedent JIMMY BRUMLEY reasonably and in good faith relied upon the false and
fraudulent representations, omissions and concealments made by the Defendants regarding the nature of
their asbestos-containing products and machinery requiring or calling for the use of asbestos and asbestos-
containing products.
        14.      As a direct and proximate result of Decedent JIMMY BRUMLEY's reliance on
Defendants' false and fraudulent representations, omissions, and concealments Decedent JIMMY
BRUMLEY sustained damages including injuries, illnesses, disabilities and death and was deprived of the
opportunity of informed free choice in connection with the use of and exposure to Defendants' asbestos-
containing products and machinery requiring or calling for the use of asbestos and asbestos-containing
products.
                                    COUNT EIGHT
              AIDING AND ABETTING ALLEGATIONS AGAINST ALL DEFENDANTS

        15.      All of the allegations contained in the previous paragraphs are re-alleged herein.
        16.      The actions of all Defendants aided, abetted, encouraged, induced or directed the
negligent or intentional acts of each and every other Defendant.
        17.      Each of the Defendants knew or should have known that its individual actions would
combine to cause the injuries and death of the Decedent.
        18.      TI1e actions of each of the Defendants are a proximate cause of Decedent's injuries and
death. As a result, all Defendants are jojntly liable for the damage caused by their combined actions.


                                   COUNT NINE
               GROSS NEGLIGENCE ALLEGATIONS AGAINST ALL DEFENDANTS

        19.      All of the allegations contained in the previous paragraphs are re-alleged herein.
        20.      The actions and inactions of Defendants and their predecessors-in-interest, as specifically
alleged hereinabove, whether taken separately or together, were of such a character as to constitute a
pattern or practice of gross negligence, intentional wrongful conduct and malice resulting in damages and
injuries to Decedent JIMMY BRUMLEY. Defendants' conduct was specifically intended by Defendants
to cause substantial injury to Decedent JIMMY BRUMLEY, and was carried out by Defendants with a
flagrant disregard for the rights of others and with actual awareness on the part of Defendant that the
conduct would, in reasonable probability, result in human deaths or great bodily harm. More specifically,
Defendants and their predecessots-in-interest, consciously and deliberately engaged in oppression, fraud,




    Plaintiff Third Amended Petition for Wrongful Death and Survival Action-Asbestos                  Page 22
willfulness, wantonness and malice with regard to the Decedent JIMMY BRUMLEY and should be held
Hable in punitive and exemplary damages to Plaintiff.


                                     COUNT TEN
               LOSS OF CONSORTIUM ALLEGATIONS AGAINST ALL DEFRNDANTS

        2 1.      Plaintiff bring this cause of action against all Defendants for the loss of consortium in
the relationship between CURTIS BRUMLEY and his father, Decedent JIMMY BRUMLEY. CURTIS
BRUMLEY has suffered damages, both past and future, as a result of the acts and omissions of the
Defendants descnbed herein. The physical injuries and death were a direct and proximate cause by the
Defendants to Decedent JlJvfMY BRUMLEY, and, the injwies and death of Decedent J1MMY
BRUMLEY have detrimentally impaired the love, companionship, comfort, affection, solace, and moral
support, that Decedent once shared in his relationship with his son, causing CURTIS BRUMLEY pain
and suffering in the past and to which they will in all likelihood continue to suffer in the future.



                                   COUNT ELEVEN
               NEGLIGENCE PER SE ALLEGATIONS AGAINST ALL DEFENDANTS

        22.       All of the allegations contained in the previous paragraphs are re.-alleged herein.
        23 .      The actions of all Defendants also constituted negligence per se.
        24.       Each Defendant violated federal and state regulations relating to asbestos exposure.
        25.       Such violations constitute negligence per se or negligence as a matter of law. Further,
each such violation resulted in dangerous and unlawful exposures to asbestos for Decedent. P laintiff are
not making any claims under federal law; instead, P laintiff are simply using the violation of federal
standards as proof of liability on their state-law theories. Further, the reference to Federal regulations
does not create a Federal question. (See Merrell Dow Pharms., Inc. v. Thompson), 478 U.S. 804 (1986).
Any removal on this basis will be met with an immediate motion for remand and for sanctions.
        26.       The negligence per se of each Defendant was a proximate cause of Decedent's injuries
and death.


                                                 DAMAGES

        27.       The conduct of Defendants, as alleged hereinabove, wa..o:; a direct, proximate and
producing cause of the damages resulting from asbestos-related lung disease ofDcccdent, and of the
following general and special damages including:
               a) Punitive damages to punish Defendants for proximately causing Decedent's untimely
                  death~




    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos                   Page 23
               b) The conscious physical pain and suffering and mental anguish sustained by Plaintiff and
                    Decedent;
               c) The physical impainnent suffered by Decedent;
               d) The disfigurement suffered by Decedent;
               e) Reasonable and necessary medical expenses incuned by Decedent;
               f) Reasonable funeral and burial expenses incutTed by Decedent's estate;
               g) Past and future loss of the companionship and society, care, maintenance services,
                    support, advice, counsel and consortium which Plaintiff would have received from the
                    Decedent prior to his illness, disability and death caused by his exposure to asbestos;
               h) The past and future mental anguish suffered by Plaintiff as a consequence of observing
                    the last i11ness and death of the Decedent;
               i)   The past and future pecuniary loss and loss of inheritance suffered by Plaintiff as a
                    consequence of the death ofDecedent, and
               j) Any and all recoverable survival and wrongful death damages the Court deems fit.
        28.         By their acts and omissions described herein, Defendants intentionally, lmowingly and
recklessly caused serious bodily injury to Decedent within the meaning of Tex.Civ.Prac.& Rem. Code
§41.008(c)(7) and Tex. Penal Code §22.04.
        29.         Plaintiff filed suit within two (2) years of the date of discovering Decedent's asbestos-
related conditions or the existence of any asbestos-related causes of action.
         30.        Plaintiff discovered Decedent's injury and its cause less then two years prior to the filing
of this petition.
         WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment against the Defendants,
for general damages, for his costs expended herein, for interest on said judgment from the date this action
accrued until paid, at the legal rate, and for such other and ftn·ther relief, both at law and in equity, to
which Plaintiff may show himselfjustly entitled.



                                                JURY DEMAND

         Plaintiff demands that all issues of fact in this case be tried to a properly impaneled jury.




    Plaintiff' Third Amended Petition for Wrongful Death and Survival Action-Asbestos                       Page 24
                                              Respectfully submitted,

                                              W ATERS & KRAUS, LLP



                                              A~.~~­
                                              SUSANNAH B. CHESTER
                                              State Bar No. 24056878
                                              CHARLES E. VALLES
                                              State Bar No. 00789696
                                              3219 McKinney Avenue
                                              Dallas, Texas 75204
                                              Tel: 214-357-6244
                                              Fax: 214-357-7252
                                              schester@wate.rskraus.com

                                              and

                                              PAUL D. HENDERSON, P .C.

                                              PAUL D. HENDERSON
                                              State Bar No. 09426300
                                              712 W Division Avenue
                                              Orange, Texas 7763 0
                                              (409) 883-9355- Phone
                                              (409) 883-8377- Fax
                                              phenderson@.paulhendersorrlaw.com


                                              ATTORNEYS FORTHEPLAlNTITcP




Platntifl' Third Amended Petition for Wrongful Death and SurvivaJ Action-Asbestos   Page 25
Record Tab
    2
                                       CAUSE NO. 2010-17509-ASB

CURTIS BRUMLEY, Individually and as                   §           IN THE DISTRICT COURT
Personal Representative of the Estate of              §
JIMMY BRUMLEY, Deceased,                              §
                                                      §
   Plaintiff                                          §
                                                      §           HARRIS COUNTY, TEXAS
   vs.                                                §
                                                      §
AKZO NOBEL POLYMER CHEMICALS,                         §
LLC, et al                                            §
                                                      §
     endants
   Def                                                §           ASBESTOS MDL COURT


                                        TRANSFERRED FROM

                                         CAUSE NO. A-186,121

CURTIS BRUMLEY, Individually and as            §
Personal Representative of the Estate of JIMMY §
BRUMLEY, Deceased,                             §                     IN THE DISTRICT COURT OF
                                               §
                                               §
                                               §
              Plaintiff,                       §
                                                       §
   vs.                                                §
                                                      §
AKZO NOBEL INC. (sued individually and as             §
successor-in-interest to AMERICAN ENKA                §
CORPORATION);                                         §
ALCOA INC. (sued individually and as successor- ~
in-interest to REYNOLDS METALS COMPANY); §
AMERICAN CYANAMID COMPANY n/k/a                       §
WYETH HOLDINGS CORPORATION (sued                      §
individually and as the alter ego ofJEFFERSON         §
CHEMICAL COMPANY INC.);                               §
ATLANTIC RICHFIELD CO.;                               §
BP AMERICA, INC.;                                     §                58th ffiDICIAL DISTRICT
BP PRODUCTS NORTH AMERICA, INC. (sued                  §
individually and as successor-in-interest to AMOCO ~
CORPORATION);
BRANTON INSULATIONS, INC. nlkla                 ~
SEVILLE, INC.;                                  §
CANADL\NOXY OFFSHORE PRODUCTION §
COMPANY (sued individually and as successor-in- §
interest to CITIES SERVICE COMPANY);            §
CELANESE LTD. (sued individually andftd/b!a     §
HOECHST CELANSES CHEMJCAL GROUP,                §
LID., andftdlbla CELANSES CORPORATION); §


   Plaintiff's Fourth Amended Petition for Wrongful Death and Survival Action-Asbestos           Page 1
COLUMBIAN CHEMICALS COJ.VIPANY;                    §
CONOCOPIDLL~SCOMFANYf~a                            §
PITILLIPS 66;                                      §
CSR LTD. f ile/a COLONIAL SUGAR;                   ~
THE DOW CHEMICAL COMPANY;
E.I. DUPONT DE NEMOURS AND                         ~
COMPANY;                                           §
                     a
EAGLE, INC.,jM EAGLE ASBESTOS &                    §
PACKING CO., INC.;                                 §                         JEFFERSON COUNTY, TEXAS
ENTERGY GULF STATES LOUISIANA,j!K/a §
ENTERGY GULF STATES LOUISIANA, INC., §
wh.icll was file/a ENTERGY GULF STATES, INC. §
(sued individually and as successor-in-interest to ~
GULF STATES UTILITffiS CO.);                       §
EXXONMOBIL COlU>ORATION;                           §
J.M. BUDER CORPOUATION;                            §
THE McCARTY COIU>ORATION;                          §
MORTON INTERNATIONAL, INC.;                        §
REYNOLDS PACKAGING LLC (sued                       §
individually and as successor-in-interest to       §
REYNOLDS METALS CO.);                              §
RILEY POWER INC.f!k/a RILEY STOKER                 ~
CORPORATION;
SUNOCO INC. (sued individually and as successor-~
in-interest to SUN OIL);                           §
WYETH HOLD1NG COPORATION.flkla                     §
AMERICAN CYANAMID (sued individually and §
as the alter ego to JEFFERSON CHEMICAL             §
COMPANY, INC.);                                    §
ZURN INDUSTRIES, INC. (sued individually and §
as successor-in-interest to ERIE CITY IRON         ~
WORKS);                                            §
                                                   §
                   Defendants.                     §



               PLAINTIFFS' FOURTH AMENDED PETITION FOR WRONGFUl, DEATH
            AND SlJRVIVAL ACTION REGARDING THE CAPACI'fY IN WIDCH DEFENDANT
                               AMERICAN CYANAMID IS SUED

TO TIIE HONORABLE JUDGE OF SAID COURT:


                 COMES N OW, Plaintiff, CURTIS BRUMLEY, Individually and as Personal Representative and
Executor of the 'Estate of JIMMY BRUMLEY, Deceased, amending his petition solely to amend the
capacity in which Defendant American Cyanamid is sued. Plaintiff would respectfully show the Court
and Jury as follows:
                                                           I.

!!!!i!'!l!LWZ- ..: -·   -·~·   - .-                             E•          &222
         Plaintiff's Fourth Amended Petition for Wrongful Death and Survival Action-Asbestos     Page2
         1.      Pursuant to T.R.C.P. 190.1, discovery will be conducted under Level2 (T.R.C.P. 190.3).
Certain Defendants named herein reside in this county, maintain offices in tbis county, and/or have their
principal place of business in this county; therefore, venue properly lies in this county.        All or a
substantial portion of tbe acts or omissions that form the basis for this lawsuit occurred in this County.
Certain acts or omissions, which were a proximate or producing cause of Decedent's asbestos-related
injuries, occurred in Texas.
        2.       The damages sought by Plaintiff, exclusive of interests and costs, exceed the minimum
jurisdictional limits of the Court.
        3.       Plaintiff CURTIS BRUMLEY resides at 3170 Shivers, Vidor, Texas 77662.
        4.       Defendant, AKZO NOBEL, INC., a Delaware corporation, may be served with process
through its registered agent, CT Corporation System, 350 N St. Paul Street, Dallas, Texas 75201.
Defendant is being sued as a Premises Defendant.
        5.       Defendant, ALCOA INC., a Pennsylvania corporation, has been served with process
through its registered agent, CT Corporation System, 350 N St. Paul Street, Dallas, Texas 75201.
Defendant has been sued individually and as a successor-in-interest to REYNOLDS METALS
COMPANY. This Defendant has been sued as a Premises Defendant.
        6.       Defendant, AMERICAN CYANAMID COMPANY n/klt1 WYETH HOLDINGS
CORPORATION, a Maine corporation, may be served with process through its registered agent, CT
Corporation System, 350 North St. Paul, Suite 2900, Dallas, TX 75201-4234. Defendant has been sued
individually and as the alter ego to JEFFERSON CHEMICAL COMPANY, INC. This defendant has
been sued as a Premises Defendant.
        7.       Defendant, ATLANTIC RICHFIELD CO., a Delaware corporation, has been served
with process through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas,
Texas 75201. Tins Defendant has been sued as a Premises Defendant.
        8.       Defendant, BP AMERICA, INC. a Delaware corporation, has been served with process
through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201.
This Defendant has been sued as a Premises Defendant.
        9.       Defendant, BP PRODUCTS NORTH Al\t:ERICA, INC., a Maryland corporation, has
been served with process tltrough its registered agent, Prentice-Hall Corporation System, 211 E 7111 Street,
Suite 620, Austin, Texas 78701. Defendant has been sued individually and as a successor-in-interest to
AMOCO CORPORATION. This Defendant has been sued as a Premises Defendant.
        10.      Defendant, BRANTON INSULATIONS, INC. nlkltt SEVILLE, INC., a Louisiana
corporation, has at all times relevant to this litigation conducted business in this State and while it is
required to maintain a registered agent ·for service of process, it has not designated such an agency.



    Plaintiff's Fomth Amended Petition for Wrongful Death and Survival Action-Asbestos               Page3
Therefore, said corporation has been served with process through its principal place of business, 1101
Edwards Avenue, Harahan, Louisiana 70123, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. &
Rem. Code §§ 17.041-.045. Defendant, BRANTON INSULATIONS, INC. nlk/a SEVILLE, INC., has
been served through the Secretary of State for the State of Texas who will forward process to a corporate
officer to the principal place of business via certified mail, relum   rt::e~ipt r~quested.   This Defendant has
been sued as a Contractor and Supplier Defendant.
        11.     Defendant, CANADIANOXY OFFSHORE PRODUCTION COMPANY, a Delaware
corporation, has been served with process through its registered agent, The Prentice-Hall Corporation
System, Inc., 2711 Centerville Road, Suite 400, Wilmington, DE 19808.                Defendant has been sued
individually and as a successor-in-interest to CITIES SERVICES. This Defendant has been sued as a
Premises Defendant.
        12.     Defendant, CELANESE LTD., a Texas corporation, has been served with process
through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201.
Defendant has been sued individually and fldlb/a HOECHST CELANSES CHEMICAL GROUP, LTD.,
and f/dlb/a CELANSES CORPORATION. This Defendant has been sued as a Premises Defendant.
        13.     Defendant, COLUMBIAN CHEMICALS COMPANY, a Delaware corporation, has at
all times relevant to this litigation conducted business   mthis State and while it is required to maintain a
registered agent for service of process, it has not designated such an agency. Therefore, said corporation
has been served with process through its principal place of business, 1800 West Oak Commons Court,
Marietta, Georgia 30062-2253, pursuant to the Texas Long-Ann Statute, Tex. Civ. Prac. & Rem. Code
§§17.04 1-.045. Defendan t, COLUMBIAN CHEMICALS COMPANY, has been served through the
Secretary of State for the State of Texas who will forward process to a corporate officer to the ptincipal
place of business via certified mail, return receipt requested. This Defendant has been sued as a Premises
Defendant.
        14.     Defendant, CONOCOPHILLIPS COMPANY flk/a PHILLIPS 66, a Delaware
corporation, has been served with process through its registered agent, United States Corporation
                   11
Company, 211 E i        Street, Suite 620, Austin, Texas 78701. Tlris Defendant has been sued as a Premises
Defendant.
        15.     Defendant, CSR LTD. f!kla COLONIAL SUGAR, an Australian corporation, has at all
times relevant to this litigation conducted business in this State and while it is required to maintain a
registered agent for service of process, it has not designated such an agency. Therefore, said corporation
has been served with process through its principal place of business, Trinity 3, 39 Delhi Road, North
Ryde NSW 2113, pursuant to the Texas Long-Aim Statute, Tex. Civ. Prac. & Rem. Code §§17.04 1-.045.
Defendant, CSR LTD. j!kla COLONIAL SUGAR, has been served through the Secretary of State for



    Plaintiffs Fomth Amended Petition for Wrongful Death and Survival Action-Asbestos                     Page 4
the State of Texas who will forward process to a corporate officer to the principal place of business via
certified mail, return receipt requested. This Defendant is being sued as a Supplier Defendant.
        16.     Defendant, THE DOW CHEMICAL COMPANY, a Delaware corporation, has been
served with process through its registered agent, CT Corporation System, 350 North St. Paul Street,
Dallas, Texa~> 75201. This Defendant illls been sued as a Premises Defendant.
        17.     Defendant, E.I. DU PONT DE NEMOTIRS AND COMPANY, a Delaware corporation,
has been served with process through its registered agent, CT Corporation System, 350 Nmth St. Paul
Street, Dallas, Texas 7520 l. This Defendant has been sued as a Premises Defendant.
        18.     Defendant, EAGLE, INC., f/kla EAGLE ASBESTOS & 1'ACKING CO., INC., a
Louisiana corporation, has at all times relevant to this litigation conducted business in this State and while
it is required to maintain a registered agent for service of process, it has uot designated such an agency.
l11erefore, said corporation has been serv'ed with process through its principal place of business, 2431
Clio Street, New Orleans, Louisiana 70113, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. &
Rem. Code §§ l7 .041-.045. Defendant, EAGLE, lNC.f/kla EAGLE ASBESTOS & PACKING CO.,
INC., has been served through the Secretary of State for the State of Texas who wiiJ forward process to a
corporate officer to the principal place of business via certified mail, retmn receipt requested. This
Defendant has been sued as a Supplier and Contractor Defendant.
        19.      Defendant, ENTERGY GULF STATES LOUISIANA, f/kfa ENTERGY GULF
STATES LOUISIANA, INC., which was f/kla ENTERGY GULF STATES, INC., a Texas
corporation, has at all times relevant to this litigation conducted business in this State and while it is
required to maintain a registered agent for service of process, it has not designated such an agency.
Therefore, said corporation has been served with process through its agent for service in the State of
Louisiana, to wit: Mark G. Otts, 639 Loyola Avenue, 26'b Floor, New Orleans, Louisiana 70113-3125,
pursuant to the Texas Long-Ann Statute, Tex. Civ. Prac. & Rem. Code §§17.041-.045 AND may also be
sta·ved at served with process through its principal place of business, 446 North Blvd, Baton Rouge,
Louisiana 70802. Defendant, ENTERGY GULF STATES LOUISIANA, f/k/a ENTERGY GULF
STATES LOUISIANA, INC., whicb was f/kla ENTERGY GULF                       STATES~    INC., has been served
tlu·ough the Secretary of State for the State of Texas who will forward process to a corporate officer to the
principal place of business via certified mail, return receipt Iequested.         Defendant has been sued
individually and as a successor-in-interest to GULF STATES UTUJTIES CO. This Defendant has been
sued as a Premises Defendant.
        20.      Defendant, EXXONMOBIL CORPORATION, a New Jersey corporation, has been
served with process through its registered agent, Corporation Service Company d/b/a CSC Lawyers




-=-•==-mr                                                   p •                       _za
    Plaintiff's Fourth Amended Petition for Wrongful Death and Sw·vival Action-Asbestos                 Page 5
Incorporating Service Company, 211 E 7u1 Street, Suite 620, Austin, Texas 78701. This Defendant has
been sued as a Premises Defendant.
        21 .     Defendant, J ..M. HUBER CORPORATION, a New Jersey corporation, has been served
with process through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas,
Texas 75201. This Defendant has been sued as a Prenri~;e~.:~ Defendant.
        22.     Defendant, THE McCARTY CORPORATION, a Louisiana corporation, has at all
times relevant to this litigation conducted business in this State and while it is required to maintain a
registered agent for service of process, it has not designated such an agency. Therefore, said corporation
may be served with process through its principal place of business, Paul H. Spaht, 445 North Blvd., Suite
300, Baton Rouge, Louisiana 70802, pursuant to the Texas Long-Arm Statute, Tex. Civ. Prac. & Rem.
Code §§17.041-.045. Defendant, THE MCCARTY CORPORATION, may be served through the
Secretary of State for the State of Texas who will forward process to a corporate officer to the principal
place of business via certified mail, return receipt requested. This Defendant has been sued as a Supplier
Defendant.
        23.     Defendant, MORTON INTERNATIONAL, INC., an Indiana corporation, has been
served with process through its registered agent, Corporation Service Company d/b/a CSC Lawyers
Incorporating Service Company, 211 E th Street, Suite 620, Austin, Texas 78701. This Defendant has
been sued as a Premises Defendant.
        24.     Defendant, REYNOLDS PACKAGING LLC., a Delaware corporation, has at all times
relevant to this litigation conducted business in this State and while it is required to maintain a registered
agent for service of process, it has not designated such an agency. Therefore, said corporation has been
served with process through its principal place of business, 6641 West Broad Street, Richmond, Virginia
23230, pursuant to the Texas Long-Ann Statute, Tex. Civ. Prac. & Rem. Code §§17.041-.045.
Defendant, REYNOLDS PACKAGING LLC., has been served through the Secretary of State for the
State of Texas who will forward process to a corporate officer to the principal place of business via
certified mail, return receipt requested. Defendant has been sued individualiy and as successor-in-interest
to REYNOLDS METALS, CO. This Defendant has been sued as a Premises Defendant.
        25.     Defendant, RILEY POWER INC. f/k/a RILEY STOKER CORPORATION, a
Massachusetts corporation, has been served \.\rith process through its registered agent, CT Corporation
System, 350 North St. Paul Street, Dallas, Texas 75201. This Defendant has been sued as an Equipment
Defendant.
        26.     Defendant, SUNOCO INC., a Pennsylvania corporation, has been served with process
through its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201.




    Plaintiff's Fourth Amended Petition for Wrongful Death and Survival Action-Asbestos                Page6
Defendant has been sued individually and as a successor-in-interest to SUN OIL. This Defendant is being
sued as a Premises Defendant.
        27.      Defendant, WYETH HOLDING COPORATION f/kla AMERICAN CYANAMID, a
Maine corporation, may be served with process through its registered agent, CT Corporation System, 350
North St. Paul, Suite 2900, Dallas, TX 75201-4234. Defendant has been sued individually and as the
alter ego to JEFFERSON CHEMICAL COMPANY, INC. This Defendant is being sued as a Premises
Defendant.
        28.      Defendant, ZURN INDUSTRIES, INC., a Delaware corporation, has been served with
process through its registered agent, CT Corporation System, 350 North St. Paul Sb·eet, Dallas, Texas
75201. Defendant has been sued individually and as successor-in-interest to ERIE CITY IRON WORKS.
This Defendant has been sued as an Equipment Defendant.
        29.      This action is brought and these allegations are made pursuant to Tex. Civ. Prac. & Rem.
Code § 71.031.
        30.      Each and every allegation in this Petition is expressly made in the alternative to, as well
as in addition to, every other allegation.
        31.      Plaintiff specifically adopts each and every count present in his Third Amended Petition
for Wrongful Death and Survival Action - Asbestos as if copied herein in extenso.


            ALTER EGO I CONSTRUCTIVE FRAUD/ JOil\l'f VENTURE
 ALLEGATIONS AGAINST AMERICAN CYANAMID COMPANY AND WYETH HOLDINGS
                            CORPORATION

        32.      Plaintiff will show that the corporate fiction between Defendant AMERICAN
CYANA1v1ID COMPANY and JEFFERSON CHEMICAL COMPANY, INC. should be disregarded.
Plaintiff alleges that AMERICAN CYANAMID COMPANY used the corporate fonn as part of a
basically unfair device to achieve an inequitable result with respect to the Plaintiff and Decedent herein.
Plaintiff will show that AMERICAN CYANAMID COMPANY used the corporate fiction as a means of
evading its legal obligation to Plaintiff and Decedent and that JEFFERSON CHEMICAL COMPANY,
INC. was in fact the alter ego of AMERICAN CYANAMID COMPANY.                              Plaintiff will further
demonstrate that AMERICAN CYANAMID COMPANY, as a 50% shareholder of JEFFERSON
CHEMICAL COMPANY, INC., disregarded any purported separation of the corporate enterprise,
utilizing JEFFERSON CHEMICAL COMPANY, INC. as a mere conduit through which it attempted to
circumvent its legal obligation to Plaintiff and Decedent herein. Defendant continues to usc the corporate
fiction as a means of perpetuating constructive fraud upon the Plaintiff and Decedent. In addition, or
alternatively, Plaintiff would also show that Defendant JEFFERSON CHEMICAL COMPANY, INC.
was not operated as a separate entity, but rather was a mere shell of AMERICAN CYANAMID


    Plaintiff's Fourth Amended Petition for Wrongful Death and Survival Action-Asbestos                  Page 7
COMPANY who integrated its resources with those of Texaco entities to achieve a common business
purpose.   AMERICAN CYANAMID COMPANY had a conununity of pecuniary interest with the
Texaco entities in the shell that was JEFFERSON CHEMICAL COMPANY, INC. and exercised an equal
right of control over JEFFERSON CHEMICAL COMPANY, INC.
        33.     More specifically, Plaintiff is informed and believes, and thereupon alleges, that
AMERICAN CYANAMID COMPANY is the alter ego of JEFFERSON CHEMICAL COMPANY, INC.
At all times, dtrring the operation of JEFFERSON CHEMICAL COMPANY, INC., which exposed
Decedent to asbestos fibers, AMERICAN CYANAMID COMPANY influenced and governed
JEFFERSON CHEMICAL COMPANY, INC. in such a way that there was unity of ownership and
interest in that the individuality, or separateness, of JEFFERSON CHEMICAL COMPANY, INC. and
AMERICAN CYANAMID COMPANY had ceased. The limitation of liability for injury caused by the
use and specification of asbestos containing materials by JEFFERSON CHEMICAL COMPANY, INC.
would sanction a constructive fraud or promote an injustice in that JEFFERSON CHEMICAL
COMPA.t'\JY, INC. has insufficient assets to pay for the damages caused to Plaintiff and Decedent by its
wrongful conduct.
        34.     JEFFERSON CHEMICAL COMPANY, INC. was the alter ego of AMERICAN
CYANAlvUD COMPANY, on information and belief, in that: (1) JEFFERSON CHEMICAL
COMPANY, INC. was undercapitalized; (2) JEFFERSON CHEMICAL COMPANY, INC. failed to
observe the formalities of corporate existence; (3) JEFFERSON CHEMICAL COMPANY, INC. failed to
pay dividends; (4) AMERICAN CYANAMID COMPANY siphoned off funds of JEFFERSON
CHEMICAL COMPANY, INC; and (5) AMERICAN CYANA.l\IIID COMPANY, INC. controlled all
aspects of industrial hygiene and safety at JEFFERSON CHEMICAL COMPANY, INC.
        35.     At all times herein mentioned, JEFFERSON CHEMICAL COMPANY, INC. was a mere
instrwnentality of AMERICAN CYANAMID COMPANY in that AMERICAN CYANAMID
COMPANY exercised control over JEFFERSON CHEMICAL COMPANY, INC. in such a way as to
defhmd or harm Decedent's ability to obtain redress for damages caused by the use and specification of
asbestos containing products by JEFFERSON CHEMICAL COMPANY, INC. The fact that JEFFERSON
CHEMICAL COMPANY, INC. was a mere instrumentality of AMERICAN CYANA.M:ID COMPANY,
on infonnation and belief, is shown by the following facts: (l) JEFFERSON CHEMICAL COMPANY,
INC. and AMERICAN CYANAMID COMPANY had common directors or officers; (2) AMERICAN
CYANAMID COMPANY financed JEFFERSON CHEMICAL COMPANY, INC.; (3) JEFFERSON
CHEMICAL COMPANY, INC. had grossly inadequate capital to pay for its foreseeable liability for the
use and specification of asbestos products; (4) AMERICAN CYANAMID COJ\1PANY paid some of the
expenses of JEFFERSON CHEMICAL COMPANY, INC., particularly all expenses related to industrial


                                                     -
    Plaintiff's Fourth Amended Petition for Wrongful Death and Survival Action-Asbestos           Page 8
. I




hygiene and safety; (5) AMERICAN CYANAMID COMPANY in its papers and in statements of the
officers described JEFFERSON CHEMICAL COMPANY, INC. as a site owned by itself; (6) The
directors or executives of JEFFERSON CHEMICAL COMPANY, INC. did not act independently in the
interests of themselves, but took their orders from AMERICAN CYANAMID COMPANY and in
AMERICAN CYANAMID COMPANY'S interest; and (8) The formal legal requirements of
JEFFERSON CHEMICAL COMPANY, IN'C. were not observed.
          36.     AMERICAN CYANAMID COMPANY used its control over JEFFERSON CHEMICAL
COMPANY, INC. to commit a fraud or wrong in using and specifying products, which it knew would
cause injuty and death, in such a way that the assets of AMERICAN CYANAlvHD COMPANY would
not be subject to liability for the acts of JEFFERSON CHEMICAL COMPANY, INC. By using the
corporate fom1       of JEFFERSON CHEMICAL CO:MP ANY, INC., AMERICAN CYANAMID
 COMPANY wrongfully sought to obtain the benefit of the use and specification of asbestos containing
 products, without the liability.
          37.     Upon information and belief, Plaintiff alleges that because of the actions of AMERICAN
CYANAMID COMPANY in improperly and wrongfully using JEFFERSON CHEMICAL COMPANY,
INC. as a "shield" to protect it from its intentional and reckless conduct, Plaintiff will be wronged by
being without an adequate remedy against JEFFERSON CHEMICAL COMPANY, INC..
          WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment against the Defendants,
 for general damages, for his costs expended herein, for interest on said judgment from the date this action
accrued until paid, at the legal rate, and for such other and further relief, both at law and in equity, to
which Plaintiff may show himself justly entitled.



                                               JURY DEMAND

         Plaintiff demands that all issues of fact in this case be tried to a properly impaneled jury.




                                       -
      Plaintiffs Fourth Amended Petition for Wrongful Death and Survival Action-Asbestos                 Page9
                                              Respectfully submitted,

                                              WATERS & KRAUS, U jP




                                              '~H           B. CHESTER
                                              State Bar No. 24056878
                                              CHARLES E. VALLES
                                              State Bar No. 00789696
                                              3219 McKinney Avenue
                                              Dallas, Texas 75204
                                              Tel: 214~357~6244
                                              Fax:   214~357-7252
                                              schester@waterskraus.com

                                              and

                                              PAUL D. HENDERSON, P.C.

                                              PAUL D. HENDERSON
                                              State Bar No. 09426300
                                              712 W Division Avenue
                                              Orange,Texas77630
                                              (409) 883-9355 -Phone
                                              (409) 883-83 77 -Fax
                                              phe11derson@paul11endersonlaw .com


                                              ATTORNEYS FOR THE PLAINTIFF




Plaintiffs Fourth Amended Petition for Wrongful Death and Survival Action-Asbestos   Page 10
Record Tab
    3
                                     CAUSE NO. 2010-17509-ASB
                                                                                                         Sep 19 2011
                                                                                                           533PM
CURTIS BRUMLEY, Individually and as                     §      IN THE DISTRICT COURT
Personal Representative of the Estate of JIMMY          §
BRUMLEY, Deceased,                                      §
       Plaintiff                                        §
                                                        §      HPJUUSCOUNTY,TEXAS
vs.                                      §
                                         §
AKZO NOBEL POLYMER CHEMICALS, LLC, et al §
     Defendants                          §                     ASBESTOS MDL COURT

                                        TRANSFERRED FROM

                                         CAUSE NO. A-186,121

CURTIS BRUMLEY, h1dividually and as                     §      IN THE DISTRICT COURT
Personal Representative of the Estate of JIMMY          §
BRUMLEY, Deceased,                       §
       Plaintiff                         §
                                         §                     JEFFERSON COUNTY, TEXAS
vs.                                      §
                                         §
AKZO NOBEL POLYMER CHEMICALS, LLC, et al §
        Defendants                                      §      58TH ruDICIAL DISTRICT

                 PLAINTIFF'S MOTION TO APPLY THE LAW OF LOUISIANA

        COMES NOW Plaintiff and files his Motion to Apply the Law of Louisiana. In support of his

motion, Plaintiff would respectfully show as follows:

                           I. PROCEDURAL AND FACTUAL HISTORY

A. Procedural History.

       Decedent Jimmy Brumley originally filed suit on February 11, 2008 in Orleans Parish, Louisiana

for his development of malignant mesothelioma, the only known cause of which is exposure to asbestos.

Subsequently, Defendant American Cyanamid Company (hereinafter "American Cyanamid" "Jefferson

Chemical" or "Defendant") filed an exception of improper venue and a motion to dismiss based upon

forum non conveniens. American Cyanamid's motion to dismiss was brought before the Civil District

Court in Orleans Parish on July 11, 2008 at which time Defendant's motion was granted. In the interim,

on March 11, 2008, Mr. Brumley perished as a result of his illness. He was not deposed prior to his
passmg. Thereafter, Curtis Brumley (Mr. Brumley's only son and heir) appealed the Court's decision to

the Louisiana Fourth Circuit, which affirmed the trial court's ruling on January 13, 2010.

        Curtis Brumley, therefore, re-filed the instant matter in both his individual capacity and in his

capacity as personal representative of the Estate of Jimmy Brumley on February 24, 2010 in Jefferson

County, Texas.     Cause Number Al86121 was originally filed in the 58tl' Judicial District Court of

Jefferson County. The case was transferred to the Asbestos MDL Court in Harris County, Texas as a

Tag-Along case on or about March 17, 2010.

B. Factual History: Mr. Brumley's Work History in Louisiana.

        Mr. Brumley was a career insulator from approximately 1953 through his retirement in 1998. As

is evident from his original choice of venue, Mr. Brumley performed insulation work in both Louisiana

and Texas during the course of his career. Mr. Brumley documented this work in the affidavit he

executed prior to his death. (Affidavit of Jimmy Brumley, Febmary 26, 2008, attached hereto as Exhibit

1.) Specifically, Mr. Brumley swore to performing work at the following Defendants' premises:

        Morton (Franklin, Louisiana)                   Morton International, Inc.


        Carbon Black (Morgan City, Louisiana)          Columbian Chemicals Company

        Cities    Services    (Lake   Charles,         Canadianoxy Offshore Production Company and
        Louisiana)-including work on a turbine
        manufactured by Westinghouse                   CBS Corporation

        Sun Oil (New Orleans, Louisiana)               Sunoco, Inc.

        Hercules Chemical        Company       (Lake   Hercules, Inc. and/or Hercules Incorporated
        Charles, Louisiana)

        Gulf Plant (Venice, Louisiana)                 No Defendant Sued

        Shell (New Orleans, Louisiana)


(Affidavit of Jimmy Brumley, Exhibit 1, pp. 1-2.) Additionally, Plaintiff has filed suit against Eagle, h1c.

a contmctor, who performed industrial insulation work at multiple sites in Louisiana.
                                 II. ARGUMENT AND AUTHORITIES

         Plaintiff's claim against the aforementioned Defendants should be governed by the law of

Louisiana because Louisiana has the most significant relationship to the tort at issue and because

Louisiana jurisprudence applies a substantially different causation standard that that utilized in Texas.

A. Texas Applies the Most Significant Relationship Test.

         Texas has adopted the "most significant relationship" test to determine choice of law in tort.

RESTATEMENT (SECOND) CONFLICT OF LAWS§ 145; Gutierrez v. Collins, 583 S.W.2d 312 (Tex. 1979);

Lockheed Martin Corp. v. Gordon, !6 S.W.3d 127, 133 (Tex. App.-Houston [1st Dist.] 2000, pet.

denied). In conducting the "most significant relationship" test, courts will consider the following factors:

(I) the place where the injury occurred, (2) the place where the conduct causing the injury occurred, (3)

the domicile, residence, nationality, place of incorporation and place of business of the parties, and (4) the

place where the relationship, if any, between the parties is centered. These contacts are to be evaluated

according to their relative importance with respect to the particular issue. RESTATEMENT (SECOND)

CONFLICT OF LAWS§ 145(2);

        It is incumbent upon the party moving for application of foreign law to provide the trial court

with sufficient information to establish that the laws of Texas and the foreign jurisdiction are distinct.

Tex. Rule Evid. 202 (2011); See Pittsburgh Corning Corp. v. Walters, I S.W.3d 759, 769 (Tex.App.-

Corpus Christi 1999, pet denied). Once the moving party has provided this information, however, the

trial court is required to take judicial notice of the foreign jurisdiction's law. Walters at 769. Failure to

provide this information will result in a presumption that the law of Texas and the foreign jmisdiction are

identical. Id.

B. Louisiana Has The Most Significant Relationship to the Tort at Issue.

        The injury at issue with respect to the Defendants referenced, supra, occurred exclusively in

Louisiana. Louisiana is the place that must be considered "the center of the relationship of the parties," as

Louisiana is the only state where Mr. Brumley was exposed to asbestos on these Defendants' premises.

See Price v. Litton Sys., Inc., 784 F.2d 600, 604 (5 1h Cir. 1986). Although, Mr. Bmmley is a resident of
Texas, he never worked at any of these Defendants' Texas sites. Rather, all his work at these Defendants'

premises took place at their Louisiana industrial facilities. 1

         Thus, "[n]o other place conceivably could be the center of the parties' relationship." Id. Since

Louisiana was the place of injury and, therefore, the center of relationship between the parties, Louisiana

law should control in this case. See also Almazan v. CTB, Inc., No. Civ.A.SA-99-CA355PMA, 2000 WL

33348244, at *5 (W.D. Tex. Apr. 27, 2000) (applying§ 145 to find Texas law controls where Texas was

the place of injury and the center of the relationship between parties, as well as the Plaintiff's residence,

and Indiana was the place of residence of the defendant).

C. Summary of Relevant Louisiana Jnrisprudence.

    1. Louisiana premise liability.

        Louisiana premise owners owe a duty to exercise reasonable care for the safety of persons on its

premises as well as a duty to not expose such persons to umeasonable risks of injury or ham1, regardless

of whether those persons are the employees of independent contractors. Jefferson v. Cooper T. Smith

Corp., (la. App. 4 Cir. 10/1/03); 858 So.2d 691, 695. There is no requirement that the premise owner

exercise control over the ma1111er in which the work is performed or have actuallmowledge of the hazards

of asbestos-rather, the premise owner must only have exercised garde or control over the premise itself

and may in fact be strictly liable to the injured party. See Loescher v. Parr, 324 So.2d 441 (La. 1975);

Entreveia v. Hood, 427 So.2d 1146 (La. 1983); La. Civ. Code art2317 (2011).

    2. Louisiana causation standard.

        In order to prevail upon a negligence claim, a Plaintiff must demonstrate that his exposure from a

Defendant's products or premise was a substantial contributing factor in his development of malignant

mesothelioma. Rando v. Anco Insulations, Inc. eta!., 2008-1163 (La. 5/22/09); 16 So.2d 1065, 1087.

Notably, there is no requirement of quantification. Id. It is well-established in Louisiana jurisprudence


1
  This is equally tme regarding Mr. Brumley's exposure to Defendant Eagle, Inc.'s asbestos containing insulation
products and Defendant CBS Corporation's asbestos containing turbines. There is no evidence that Mr. Brumley
experienced exposure to these Defendants' products in a state other than Louisiana.
that "the cause-in-fact issue is a question of fact." Id.        The jury may evaluate both direct and

circumstantial evidence in reaching its determination regarding whether an individual's exposure to

asbestos constitutes a substantial contributing factor in the development of the individual's disease. "Use

of circumstantial evidence and the deductions and inferences arising therefrom is a common process for

establishing liability in negligence cases." Rando at I 090. Although a plaintiff must still prove all the

necessary elements of negligence in sustaining his burden, this does not equate to negating all other

possible causes. !d.

        The jury's role in determining whether an exposure to asbestos constitutes a cause-in-fact is a

fundamental tenet of tort law in Louisiana. !d.      Therefore, even in the event of appellate review, a

challenging party must demonstrate that the trier of fact's conclusion was "manifestly erroneous." Id.

"[R]easonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon

review, even though the court of appeal is convinced that had it been the trier of fact, it would have

weighed the evidence differently." !d. It is unquestionable therefore that the detem1ination of whether an

individual's exposure to asbestos constitutes a substantial contributing factor in the individual's

development of mesothelioma is an issue which falls within the province of the jury and is certainly not

proper grounds for summary judgment.

        Notably, even a minor exposure to asbestos may constitute a substantial contributing factor in an

individual's development of mesothelioma thereby establishing the element of specific causation. TI1e

Louisiana Supreme Court begins its discussion on causation in Rando by citing the following passage

from Borel v. Fibreboard Paper Products Corp., 493 F.2d 1076, 1094 (5th Cir. 1973), the seminal case

involving asbestos causation:

        [I]t is impossible, as a practical matter, to determine with absolute certainty which
        particular exposure to asbestos dust resulted in injury to [the plaintiff]. It is undisputed,
        however, that [the plaintiff] contracted asbestosis from inhaling asbestos dust and that he
        was exposed to the products of all the defendants on many occasions. It was also
        established that the effect of exposure to asbestos dust is cumulative, that is, each
        exposure may result in an additional m1d separate injury. We think, therefore, that on the
        basis of strong circumstm1tial evidence the jury could find that each defendm1t was the
        cause in fact of some injury to [the plaintiff].
Rando at J 09 1.

        Building on that precedent, the Rando court noted that Louisiana courts have repeatedly

employed a "substantial factor" test to determine whether exposure to a particular product was a cause-in-

fact of a plaintiffs mesothelioma. See Zimko v. American Cyanamid, 03-0658 (La. App. 4 Cir. 6/8/05),

905 So.2d 465, 484 (2005)(collecting the cases). Under Louisiana law, a substantial factor in causing

harm need not be the only causative factor; it need only increase the risk of ham1.    Hennegan v. Cooper

T. Smith Stevedoring Co., Inc., 2002-0282 (La. App. 4 1" Cir. 12/30/02), 837 So.2d 96, 102, citing Spinks

v. Cheveron Oil Co., 507 F.2d 216 (5 Cir. 1975). fu that regard, it is well recognized that mesothelioma

can develop after fairly short exposures to asbestos. Rando v. A nco Insulations, I 6 So. 3d I 065 (2009)

citing Egan v. Kaiser Aluminum & Chemical Cor., 94-1939 (La. App. 4th Cir. 5/22/96), 677 So.2d 1027.

        Accordingly, simply because a plaintiff was exposed to asbestos from one manufacturer's product

for a relatively short period and had longer exposures while working with others, it cannot be said that the

relatively short exposure was not a substantial factor in causing his mesothelioma. See Rando v. Anco

Insulations, 16 So. 3d 1065 (2009); Egan, 677 So.2d at 1035; Vodanovich v. A.P. Green Industries Inc.,

03-1079 (La.App. 4 Cir. 3/3/04), 869 So. 2d 930 at 1035; Held v. Avondale Indus., 95-1788 (La. App. 4

Cir. 4/3/96); 672 So.2d I 106, I 109 (noting there is no !mown safe level of asbestos and finding that each

exposure was significant con1Tibuting cause of mesothelioma); Catania v. Anco Insulations, Inc. et a!.,

2009 WL 2999159 (M.D. La.) (holding that even small amounts of asbestos fibers can be a substantial

contributing factor to the development of mesothelioma.)


        h1 fact, in a recent decision in Orleans Parish Civil District Court, Judge Paulette h·ons ruled that

plaintiffs expert could testify that "'any exposure above backgrmmd levels' can be a substantial cause of a

patient developing mesothelioma" as it comported with rulings from both the Louisiana Supreme Court

and the Fourth Circuit and met the requirements of Daubert. (Judgment, Grafv. Benjamin Moore & Co.,

No. 2008-2755, Civil Dist. Ct. for Parish of Orleans, LA (May 28, 2010), attached hereto as Exhibit 2.)
In rendering her decision, Judge Irons discussed the aforementioned cases. She noted Rando v. Anco

Insulations recognized that mesothelioma can develop after fairly short exposures to asbestos and held

that it cannot be said that a relatively short asbestos exposure was not a substantial factor in causing

mesothelioma.

         Judge Iron also cited to McAskill v. Am. Marine Holding Co., which stated that "medical science

has proven a causal relationship between asbestos exposure and mesothelioma above background levels.

Thus, such asbestos exposure is a causative factor in producing the disease." She further referenced

Catania v. Anco Insulation and ultimately concluded by emphasizing that her opinion was consistent with

the causation standard in Palermo v. Port ofNew Orleans, stating:

        Judge Tobias was very specific and correct in stating that a trial court cannot see a
        substantial factor as "any" exposure to asbestos fibers. The Fourth Circuit's changing of
        the standard to above background levels eliminates "trivial" exposure theories and, in this
        court's opinion, attempts to set the threshold level for what constitutes as a substantial
        factor in mesothelioma cases.

(GrafJudgment, Exhibit 2, p. 6.)

    3. Louisiana Damages Law: Survival Claim.

        Louisiana applies the law of virile shares to survival claims. The law of virile shares states that

where a plaintiff settles with one co-defendant, any recovery against the remaining defendants would be

reduced tmder the virile share principle. Harvey v. Travelers Ins. Co., 163 So.2d 915 (La. App. Ct. 1964);

See Vedros v. Public Grain Elevator ofN.O., Inc., 654 So.2d 775, 778 (La. App. Ct. 1995). For instance,

where there are five joint tortfeasors, and plaintiff settles with two, any recovery against the remaining

three would be reduced by two-fifths. Verdos at 778. Thus, as opposed to an offset of the monetary

settlement amount or a percentage allocation, a fractional reduction is utilized.



This rationale stemmed from the fact that prior to 1960, when virile shmes were codified, Defendants

could only obtain a contTibution for joint tortfeasors through judicial decree. The court in Vedros

explained that, "since the settling tortfeasor is insulated from liability for contribution, and tl1e
contribution rights of the non-settling tortfeasors are rendered tmenforceable, plaintiff's recovery should

be reduced proportionately." Id.



Notably, this principal only applies to cases with living plaintiffs and survival actions. Virile shares are

based upon the concept of liability in solido. Liability in solido was eliminated fi·om Louisiana statutory

law on August 1, 1980 with the introduction of Act 431, The Louisiana Comparative Fault Law. Cole v.

Celotex Corp., 599 So.2d 1058, 1063-68 (La. 1992). Act 431, however, specifically states that the

provisions of the act shall not apply to claims arising from events that occurred prior to the date the Act

became effective. Id. at 1064.



According to the Louisiana Supreme Court, the "event" which gives rise to claims based upon asbestos

related diseases is the exposure:



"We conclude that the key relevant events giving rise to a claim in long-latency occupation diseases cases

are the repeated tortuous exposures resulting in continuous, on-going damages, although the disease may

not be considered contracted or manifested until later. We further conclude that when the tortuous

exposures occurring before Act 431 's effective date are significant and such exposures later result in the

manifestation of damages, pre-Act law applies."



Id. at 1066. Thus, on its face, the language of the statute prohibits retroactive application and only the

wrongful death portion of cases will be decided under the post-Act standard of comparative fault.

                                           III. CONCLUSION

        WHEREFORE Plaintiff respectfully requests this Honorable Court apply the law of Louisiana to

those Defendants listed in Section I.B., supra.
                                                  Respectfully submitted,
                                                  WATERS & KRAUS, LLP


                                                 ~~~~
                                                 SUSANNAH B. CHESTER
                                                 State Bar No. 24056878
                                                 GIBBS C. HENDERSON
                                                 State Bar No. 24041084
                                                 3219 McKinney Avenue
                                                 Dallas, TX 75204
                                                 Telephone: 214-357-6244
                                                 Facsimile: 214-357-7252

                                                 PAUL D. HENDERSON, P.C.
                                                 PAUL D. HENDERSON
                                                 State Bar No. 09426300
                                                 712 West Division Avenue
                                                 Orange, TX 77630
                                                 Telephone: 409-883-9355
                                                 Facsimile: 409-883-8377

                                                 ATTORNEYS FOR THE PLAINTIFFS

                                     CERTIFICATE OF SERVICE

        The undersigned hereby certifies that a true and correct copy of the foregoing has been sent to all

counsel of record via LexisNexis, on this the 19'h day of September, 2011.



                                                 rut~
.{ '•




                                   AFFIDAVIT OF JIMMY BRUMLEY

          STATEOI' .LOUISIANA.                              §
                                                            §
          ORLEANS PARISH                                   •§

                 BEFORE ME, the ·undersigned authority, on this day personally appeared
         JIMMY BRUMLEY, known. to me or through hls drivers' license and who, upon his
         oath; deposes and states as follows:

                    "My name is Jimmy Brumley and·.I have spent my career working.as an industrial
        · · insulator. Many of the jobs I worked required that ·I traveled to one job Site and work
            several weeks or months and then move on to another job site. I traveled throughout the
         · Southern United States and often worked in Louisiana.

                 From 1957-1961 I worked at several different job sites in Louisiana on multiple
         occasions. I worked at Morton in Franklin, Louisiana. A~di~onBlly, I worked at the
         Carbon Black plant in Morgan City, Louisiana I also recall working at Sun Oil-in New
         Orleans, Louisiana. On each of these jobs I worked with: and around numerous asb.estos:-
                                                 pipe insulation, block insulatiofl: and cement:
         contilining.products, including asbestos_

                 As. an insulator at these job sites, 1 routinely removed asbestos-containing
         insulation and installed new· asbestos-containing insulation. In order .to perform this
         work, I repeatedly had to saw and file the insulation down to.a size that would fit closely
         to the pipe or piece of equipment I was insulating. When I sawed and filed the insulation,
         visible dust was released into the air. This dust settled on my hair, skin, and clothing and
         I breathed the 'dust. Additionally, in order to remove insulation, I was required to·
         hammer and chip away the insulation. These tasks created· visible dust in the air and this
         dust settled on my hair, skin and clothing and I breathed this dust.

                 From 1967M1968 and for several months in 1971, I also worked at City Services
          Refinery in Lake Charles, Louisiana. As an insUlator at City Services I insulated pipe
        · runs with asbestos pipe covering. Additionally, I worked on a Westinghouse turbine. As
          part of this .work, I recall using pipe covering and block insulation-including Kaylo,
          Unibestos, and Fiberboard. .                                      ··

                  While working with pipe covering and block insulation at this site, as welf as
          asbestos cement and refractories, I routinely removed old asbestos·containing insulation
          and installed new asbestos~containing insulation. As with my other jobs as an insulator
          in Louisiana, I repeatedly had to saw and file the insUlation to shape it so that it would fit
          closely to the pipes, turbine and other equipment I insulated and al_so had to ·chip and tear
        . away the insulation in place during removal. .Each of these tasks released visible dust
          into the air. This dust settled on my hair, skin; and Clothing and I breathed the dust.

                 I also recall working at Hercules Chemical Company in Lake Charles, Louisiana.
         While performing insulation work here, I specifically recall working with asbestos-
containing Unibestos pipe cover and block.insulation. As I've previou..c;ly described, this
insulation had to be sawed and filed so that it could be properly fitted to the pipe or
equipment, which I was in$ulating. This fitting process created visible dust, which settled
on my hair, skin, and clothing and which I breathed.                                     ·

        Lastly, I reCall working as an inSulator at Gulf Plant in Venice; Louisiana. As
with all my jobs, I worked \vith many different asbestos-contairiing insulation products.
This insulation work likewise requiroo me to chip and tear;.away the insulation in place
and saw and file the new insulation I was using so that it would properly fit to the pipe
and equipment I was working on. These tasks released visible dust into the air. This dust
landed on my hair, skin, and clothing and I breathed the dust.

          I recall working with Johns Manville transite pressure pipe in several locations in
 and around New Orleans, including but not limited to a plant in Venice and the Shell
 Refinery located in Metaire, Louisiana. · When working with Johns ·Manvjlle.pressure
 pipe at tJ:tese job sites I installed the pipe and worked in close. proximity to other workers
 installing the pipe. In order to perform this work, it was necessary to cut the pipe with a
 hacksaw type hand-held saw in order to size the pipe correctly. When the Jobns-
.ManviHe transite pressure pipe was cut in this. manner, the air around us became visibly
 dusty. ~dust landed on our hair, skin and clQ~ and we breathed the dust.



        Further affiant sayeth not."

                                              !ii¥7        f.L
       SUBSCRIBED AND SWORN TO BEFORE ME before me on this~day .of
February, 20<8. .




[SEAL]
            ··:
                                                 .
                                           r~o: &Ql!!l : pmo


                                                                                                           ill!6(l,JieA'IBIQE    EJ/11,
                                                                                                                      Vf/11111
                                                                                                       Blm!AAW..M~.
 .• .,               'I




      . ,        0       .




                                           .
                                          TOI
                                                                  .
                                          .tt;itll<ay'l/ x...i>6..Y. l!l!bq
                                                                                .
                                         'Ubn HOIIU '
                                          M l-0 ,(lQ....,oll 11~
                                          8ft" C>l'ltoan•                             J.l 1<>l12-~f/1)1
                                          a
                                          : II' Clnn:'<ll\ Oil BDIJI·
                                          '-N' );>cly.'l,•u           Dh>IOIIt
                                                                                                2.ono •
                                          tu~tu. :&300
                                         •HOW    Or':\~1\IIJ•

                                 ·:      '1'11~ll~lol     Jt      lll:u<~llu ~~~                       2~!v.lft
                                          '-SU        0~8JI           l!t,
                                          llu.l:to,.130~               . '
                                                 ~ioa.nd
              .. .. lilciw
            .. IIOU1·aa~                                      •lo
                                                                       •
                                                        ll.~Ol!OJ>OI1. Ji«(.t
                                                                                      Lll '10lL2
                                                                                                          ~PUB
                                     .    Ul.!l l'I)YJ)RM ~~~;
                                          dut'llll raoo' . ·

                                     •
                                          1\le"' Odaout~ •

                                         ,'LA!I~an<t~<
                                                 Cl 'PUgh XI% IIJI<J
                                                                                     .LI\ YOJ.U    ,

                                                                                                          L"~
                                                                                                                                                   .·                    ..
        ..
      ...·
                                         '"UGO' ~ratt Sb.'e~'t. '
                                         ·Brlol.ba ~~oo
                                         •JIIlw, OJClflltnn                           h.\ V01$3·Un
                                          l.<llllU'   o oum:. 'Dull
                                          ~00 ~aydi!lll ~~ •
                                          llll:ita 1U ~ •.
                                                                            •
                                                                                                                                          ..
                                          !:Mil or~ennu' •
,· .                         · , . ltomqi.l!ar tJ .~..j ..- ••g .
                             · · · eo•  '.I!'QIIv:s.~ llt · · ,   •
                                                                                                                            ..
                                          IJI;o.11UU                    •                •                                                                                       I
                                                                                It'll '1'100~
                                         'lf<illN WII                                                                                                        ...
                                                                                                                                                             •                '• (


                                 ..
    .,., .                                                    ''

                                           ..
 ·., .                   .                                              O to '




                                                                                                                                                                   ·~·
                                                                                                                      . '
                         . •.
            ',               .
~
• I
      .          ..
                 .                   . • In ~uoord'i11lbo wl1h Atiii;IJ! t~t s·o.o.r~ you wu fllliwy nounllilthlll ~~&illlnanl
                                      , In ttl~ tfbu~o bnllllerilltld nurribpr•ld o~tuoo wa• aJtlno~ 011 .Luqa.J!i. 2Q1Q
 ."" .• .. :,        ~
                                         • NO!Y qile'.lll(\.OI~~hmn.
                                           ~~·
                                                                                                                                     '

            '·.
      ,..                    :   0




                                                                                                   ·.                                      .   "
                                                  0   '   •   :
                                                                                                                                                        ..
                                                                    .
                 •'
                                                           •            •

                                                                            ..
                                                                                  0
                                                                                                               .                                               .                                                                                                           •o

                                                                                                     o   ClVI:L l~TlUQ1.1<lOURJ: J10It 'l'BE lAlUS.I l 0))' OXtL'mi.:N'S
                                                                                                                                                        8l'A'1'Jllo()ll' LOTJJSL\NA
                                                                    N'o. 2GOS:..r.t.s5 •
                                                                                                                                                   DJJAT.W:~G:RAF,ll'J.' M..;

                                                                                                                                                                        VERSUS
..                                                                  .        ·.                                                        · .WJAMll.'l'MOOlUh\ C~ll'.l'~L                                                                        .(




                                                                    mUWto----------~-

                      .... . .
                             .                                                                           . . . ...                                 .               RIDGMWIT
                                                                                                                                                                   .                                          .                   .                                  '                  .
             o' I o               I           :       "                 ~•                 This '!Jillll catt!O bofomiho colll't onMey 2l!, 20lo,whtll'e tho couL11a~~tlc<t'n·mllng 1\llJl~ · •· ·
                                                                                                                                                                                                                                                                                            .,
                                                                    'fho         ~stlmdny ~Plldntl.ti'e ~x.ll.o~·.:Qr.lolmM'~o .Subject to rea!lllllldmiil!llllll.d brle~!ini by                                                                                               •
                                                                   : all         lttlu~lil fu tbls l11JUte.l', tUld Idler mv!t~vr~ th~ Ollllto ·f«!otd. O!ld ~Is of all or th()
                                      .:                       . ptil&s:
                                                  I            J                                f"                     '


                                                                                          .:rt X8 O)U)lilltDJ>) .c\.DJODGlliJ.l :AM)' J.lli.CRUD 'fhat D.t. Maddcu'~ tuotblwey.io
                                                                                                                                              ..
                          . . • . pcrml~t to tesii:JY tbilt ''nii.Y oxposoro nboota bnckSL'Ound lavohl" Ollll oo ll illlbsln:titial QIUI.l!Q oh
    .                                 .                                     ·.. ·                                '.                                •'                         .                                                                                     .• .
         , . • : · . ,Vallo.o:t·dovGJp,t)lag ~omn. UoW&ver, Dr. Mudilox Is 1>m11luded froh~'t~.~~;tn.)'lng .thut "nny                                                                                                                                                                       .I
            ,•                            o            t                                                                                                            I                 t                       o           I                   •


                      ,          ,                    : . 'llxflOIIIJto to                       tlllbsestoa~, ''any fiGII4JIVInl, Olq!OO\IlO 10 t18bllatOY",                                                 Of• 1'Ull,Y         ~lqlll8\ll'O to       OllbllltoB
 " ,              \                                            •                            :    I                             It                          o   0                          o                           I                             I
                                          0                                                          0                                             0
                                                                                                                                                                                                          0

                                                                    ,Pellow lMI~SI'OIIlld klwlli" om1 bl' nvllbatillltM l'n<ltot 1u <lll!lslDt5 fll.Oilotlielloma. ·
• • ••
                                                                                           ..                                                                                                             .           .                                                    .
                                                                   ..                                        .                 .           .
                                                                             O,RDER 1UM1l lUQffllltU)) AND tn;GNm tlrls i6th. ·duy Of .hm'l> 2<110 in .Now ,                                      .                                                                            .        •   .;
             · · : '' Qile.m;, Loiarala~                                                                                                                                          ·                           '                           ·        · ·                             .·
    I
             : ··, :
            •:                                               .
                                                      . ·.' ..
                                                       '
                                                                                                                                                                                                                                                               .·


                                              .. .         '
                                                                    '



        .:
    . :: ·:· .
                           ..         I               o ~o
                                                                                                                                                                                                                                                                                            'I
                                                                                                                                                                                                                                                                                             I

    .
         .. .,• '
                                                                                   .
                                                                                  ...
                                          ·•                        !Jiiulmroulid                                                  · ·
....,                                         •                                            Tbl.ll oose &!6oui front lho doitth l)fPh.Ullp Otnf duo                                            to ~lcural :m~snthellolia. ~lnlntlffil
                           " •        •                             •   •             '                  I       I             o               t                          '                           •           '           •
                                                                                                                                                                                                                                                                                            .i
        .                   .1 '' , bdua o~tmH ogalmt 8GVIl.ro1 defilud1nfB nlklglng tbnt Plill.llp Gratwat tol!illalt' llXpom:dto
                               .
• •                        • •     •  •   '     • .,  J  r                                                      ~                                                                                                                                          •

        · ·.: ·· . · •· . ~·dato1ifivmjoint'obwpDUllds1hltt II$ u~td in hla-ilcOuplltlon!J!I Dlhywall JlnMu:r, end 1hRt_,.1\lh •
                                                                                                                               .
.                                · ...: :                           llx}Xiatlt~OllllHitlda de~ onJa1\~'Y 19,2~B. :                                                                            •               •                       •

             ·.
                                                                                                                 ..                                                                                                                                         ..
             ..                                                                                  .           '
                                                                                                                                                                                                                                                           ·..• 1·.
                 ~~,             I •'                     \.             tl \ 1
                                                                                                                                                                                                                                      ...
                      ·,                                                                                         , •       I       o   o



                      .o,.
            ··
             ..
                                                                                                                              .,
                                               ,•                                                                                                                                              •'
                                                                                               .                                            .                               .
        ..                                    .               OnMII.f.ZB,20Vi,b~arhut~koos&Mtob.n il~ tbisrutmlcrfMa•n~i,Y
                                    · . · ii,•uJetibd~~¢~, I1S woll1Caa DlOliOil.lu
                                        .                                                                                . iirl'W dullieuglbgthv.lidU~ ofl)A.Maddox's.
                            . •·             Mltlo}llatedogpwtteS!l~ny, P.attllmlarty, tldeAdu.tub11Uen~ allf~~tf!D.Ol>.yodlatDl\ Mrid4o.x.·
            , · ' ·•
              ,                              l'd~Y ofiltr iD .haw tl111l "IIUY expo~~~tC"1o l!Obeostos fibers or that·''IIIIY e~JlOSlll'O1o R$))o.ios 'fl.b~m~
                                                                                               I                                                                        I       1          o
                                                                                                                                                                                                •
                                            'ab?vo buakgrOtiod l()Vfll~" 01\1!. benaq\Jat~nllnl t':lotQt tn OSIIIIIJ~i n~~tholloma. 'luflluu4{,. ·
                                        '•·dcl&don.\.!11\C&~ tb!ltDr..Ma~®x~« iDBl!ti!Wl;)' QUo oxpollllro·of aibomon ailCJW1>aokstmn!d ·
                                            lo'!'IIIP:Illlttn.ot ll~sulunltro<l1u 11w juey o~oo tiiMil811.0'throsholdlevu~ fur dt~rOrmlnlnJJ
                ,                   , ',' ~~O.~~buli~tilti,. mea.uinglthat·tWr OlqiOlllllt·OOO'\'CI bll<tt;roliwllfl~8 oatW.Ot OOIU]Klll:Wllh tho
                 t                  I                                          o                                                        '


                     :: : · • '1-cqul.~cl nubslantlill flloior jQ,ost.~i,aoolug oimuAtll)ll.,
                ''              ,                 P                                    '                             I              '




                '• .
                           .· .             x.~aw ra                                                                                                                                    . .·
                                                        . 'Tlleto IU:fl two' 1eso1 iaaullll fux thlllolloart to d~dn ll1)0JI bu:&>.ro dclili.'Jllil'tlnK whother ot ~t ·                            '•

                            , , to Blllitoi•.e~~olude Pr.}41idd&xtstGStimony, 'rf10y RI'O~lafollowln~
                                                                  I        '       o                        o                                                  o


                                              . l ): Did 1tlo &!Jl,CIUI)e Co\Jrt inB.ttnrio v. All~ l'llsululliml'lll!O')it.41hilr>t11n 1lto mlldfoal
' . . . . ,· • . •                                        ColiiDl\mliy;~~t Gierolll ~ !hl!o.IOvel'oU.'blll.to# ~,POIIIIrO, meo.nlllfl ~I iluY oxj)()fAinl                                                    I
      ... ...                                                                                           '
                                                                                                                         ..                                                               .
                                                                                                                                                                                                          .I I


            ..                                    Z) Dillll\0 P'OuJth Cit~~ lt\o Bll\llik\\1 t)( ldjul ~~~11\loJl bo~'I\'OC(~a J<lOO!i .
                                                                                                                                       Allt.llll!ltl:      .
     , ,         , 1                                '     ·~d II UIJit.J~B /,.oi IJB!I5'iM¢.o s;pi:Olftollly, ~W&M 1J~t~ lltTJill!OllNIUU.                                                                           .
                                                         >ol'billf~ICorp.,.W 1 lllal~·i>o~~ltw1~thoholdlnglo,A~/Tl14A1H, MUJ:Int~WQ1dlng .
                                                                                                                                                                                                                 (


·, . · . • . ·. ' ' :• .
                           . .. . •.... Ocl.~ · .                                                       ' •                                          . •       .
'
     •,.
            ~
                     ... ... ' . .                        ~           ..                   "       ..                                                                                          ·,


                                                                                                                                                                   ·.                                    .•···
     ,•
                     •,·    '                                 '       •            ,                                         'l)lt M(lllrla J)ppJnlnn

    ... ~       . ...                          ·· : •w ~lllalaM Snpromo Ql\ll~lll.ll~ v. Anoo ltt&illntiotliiiJuoubtody Blll1o8 wllnttl~'
                                                    i     o                        t                            10       I                                                          t
'•
                                            a~JI 'ro8ar~~ ~ oa'O:ilHll'ilot..furlli~.w~twr{l<ml~ CIISoiJ.1'boo~ Mlai'lld IIlLI"
                                              .. . '                                         .                                                                              ·


                                                                                                                                                                                                                     -!




                                                                                                                                                •'
     .       ,         I             '
                                                                                                                        •' .
                 '             ''                                 ' '                  .' .
     I·· •.


         ..      ~,


         ..
         ..
         .. • •                                          'l'f.ll! X.Oul.llam f!uPt:oruo ·c~uct ~ uolli!llllha:i! tOO tbl!t tbi d(ltoa))Jnlns1l'.o oai1HII-:Io.-4l\ot of~
                                                                  I                                •                        t                                                                   I                           ~

                                                         p1a~r t~OUOilof.n>.OI!OiliollOJllllls w111ltlw.t Of ;nOt thoOXllOilUJMo 11 deflintlnut\f product
     . . ·....
                               ..           •· .wruitJ.IIIt'btlt~liltl tllototm ~'llllh!S tb.O.I)(Inoer. RO'II'IW'et, 11\e q:nouUoo tbot 'lblu oofJ~hmmt, .
     .. ·                                   ~        0        0                    f   1   0       1        I   0               •        I           •


                                                         ·~~~ dttet.ltllno d:wlwlher ~ruot Dr. M.Kddox's llhtlDipU!Ild tblllmrli\Y llho'Yfl! iJ!.at U10 ..auy
                                                                                                                                                             I
                                                                                                                                                                               0
                                                                                                                                                                                   0        t       I                   f
                                                                                                                                                                                                                                                                     .. ·.
                                                         6XJ?08U{o"
                                                                  o
                                                                                       tlieozy Ot' "anyo~Siiro uboYO background" 1heo«1 moDI!I·tba nQl.tW f4otox
                                                                                       o                                                                                               I                            I
'.
                                                         1"Cglllr:oniolliN IIJII!IJlUJ.I)If\100 ln.11mtt/o,4
                                                                                                                                             o   I                                                      I       I               f




                                                                                   . ·.                                                                              .
                                                                               Thill. ot!IM bas .llt'.d tt(>v.blo oollllll.,llug·whbthlll'.ll.tRJdo ftWld~ totiho propodllon tbl.Pl:. . ·                                                            .
                                                         MwUfg;x Oflll tosttr.Y·as to.t1u1 thoo.ry tbllt uUu.y OJpom' ofoa~ a.a(loa Jlbar• ou. oml»& • ·                                                                                   1


                                                         ll11111oll.dioma, 01' nt leua'tthnJ.tW~V\! tbcoey fhrli"1111y cit~ l'lbowbl1Gkgrotmdi1U\-olit' om
                                                     .                         .           :                            .                    '                       "'                    ..                       ..                               .
                                                     :· ~ iJ¥-J oafloliJ:, ~:oouJt'& CQll,tlrl}onJabcled.upOA ll\!l1liOUJ!I11~111~fnJt41W COUpled

                                                         w.lth .ll! ;;.Iiiii. 11111 LoullilmA &IPAJJW C(lu:r~.noU\d 11111t: · • •
             . ....
                                                               I
                                                                                                                    .                                            .                 ..                       .
                                                                      .• ,: Df: ~ lbuad It A~Cl\IIC!lftlo ~uld ~cloud!; afdnr¢ 11* t® ~ lltei
                                                                                                                      thla                                                                                                          on
                         bnlt ll& ~ ~·"'~•·partllll08 WO'Ill4·lt!ll'O booal conootl\rukxU~ lllr!le amoums.
        ' ·           • UIJlltiPg 08l1A'e191l.tmlllllllanil® NJ1u uablllltoa ~wntlo1ls, fi!J4ln!LK boB,cd u.l)on ·
. ..'.": , ; . • ' , .an'UQCUIJUdatlon.of ~clelltillu uvklQIICtJ over aluouerl.Dil, ,be apll.led.,. oloud: otdo'• t u ·                                                                                                                                                ·'·
,•           •          ,R.nndo d~'tlboo woo1doprobablyoe;onltlJn lll!bC~~toa pw;tioleil OOMQI1ttlltCd t\lw: to·fi~ •
                 · · · tltn011· ho lmt:ll.l.tnlnlln1JLU e~ft.t\i. ~()!•cr. PI! :l.uMu 9Jilii(Jl(l!1«1 tfttrt filii niJ!Il£00.•
                               1
           :
. : ~ ·· . ·.' ~;!Tt~f0'!:1:Ae:f:':v~~~:c;r:;i~!gr;;;;:;;n~t~~rmml!!t ·.
                                     + of       +'        •           .' t •                   •       o                            t-                   o                                              I                                       +'       t   '   t




                                                 . : ••                        C<•nll:lllY1.11 Pr. Lolnon'a oplolon conpontlug Ol)lookecB l'~u.o.a pxo.vw\tetl lito o11.pctt • ·                                                                     .
         •' , • · • ·                                         ·ltJBihn~Jb¥of1obll ~IIJI. iut ox.l)llft In, lodnlllrllll ijufu.uo. P.ttl.lllllln(\llll hl~ II&Alu~f.
                                                         · · · o!ltnud~'ulllai.Mlonls ®out hlsnllhlllltt.JII OJpllllllCO ot tl~:eo wotk'fdte a11d «tt.owlug fl•g.lupk
         ·: : • · • ·                                                          gh~!/dnfilfg grlt1SftJ!' a5ell(~? fa?l, ofllaadftr<.UJ6s.tte~uu. l'etldetWil!lll uplnud
· '                        •.                                     . . • itl'll.llllho Sllnbuii:Uudot41M O(tl}ffml1181!1111 1\YI!Iont.Un tho 1970~ Uttt lmlo~ l1ko                                                                              · · ··
                                                                      y l\8JldQ WO«<l not.atriulc b dQvelop!ng ~OO<(o\"1~ diiiOQ&e«,                        .•
                                                                                                                                                                                                                                                                      ..
                           . ..
     .. .:· .              '

 •
        . :.          'l .

     . .
                 ' •             I


....

 '
     •
         . •' . ,',.
         I
                 • •
                     .     t

                               ' ,"'




                                                                                                       ,.
                                                                                                                                                                                                                                    " •'
                                                                                                                                                                                                                                                                     . ..
                                                                                                                                                                          ·.
                                                                                              ..
                            . . luterprotlng tho llt•t Ollll!llOtawd PUXU{!IRJ>b abovo, tho Lowslann.Supremo .Courlu<IUid ha;>'o
                            . •. · ~J:<>ppod: lnl~'llllalt•l& ':'lt~~r. u;m•n'•l'h>dh•g• tlu(r.·ru•...posuro·<l\oud'of naboato; wot~d
. '•·'
  ·.. '.;        · . . ,P''odlloe fuur to fivo ~'"."tho .•nlolmt of ~oat P"~clos t10111 tho mlnim:alataudnrd.1'1mt J'IOilld . .
                 '          .    '          ,.,                            '             ·.               '       .           .
                                     hnvo boeJl ~gn to MY ·~I tho )ila!ntlffhod mot ld• bm~on i11provlns thot'lpa o~ppsurolo tho .
                                                                                                                                                  '       '   '             .·
 ..                                  d~fulldrint•< Mho\1\o• pXf?dilot.< waa ~ pub•lrultlnl 1\wtor in oau;J.o8 hl; oanoor, ~ul>tho r:;,ulsiano
. ·.                                 Sn.PA'mne Com·t wnulon.ta notu th'nnedlcol COlnmunlty'.u atnnoe tbRt ho:Jevel o(.eipoaure is anib.
                            , ,'l'lto!u WOttllO·diSO\I~BJonnbo•t nu "ll.uy o•pORIUU'' llieol)' or about thtoshold love!• oon""'lllug
                                     ~alios to;,•, '1:~ iaot t~at tho Sup;~•no r.<>utt plaolm•tho lrutguqgoln ito d<icl•lon nltho voey lonst
                                         I                                                              '
                 ·.·                 boi;ll'iho qllOSIIO!t •• lo whotltor l,oublooa Comt. ""'bog!Wlblgto RUbsorlbo lo.an "llll)l
                                 . <il<t><>s~'O!' i~o~1y.. ,                        .                                 '               .       .


                                                                               .,Thg Tltibor(rurux 1111d M4d..yklll D!}eMpJ~U
                                            .             .                                   '                                   '               '
                                            · · TJ~~ oout! 'tl~gglos to nloq come to •l:()l•ol\!'lon"" to how to tome~y ffto dllrerenoow
                                     b<'livoo» t~• Thlbodoauiooa Maliski// doololo118. In :rlilbodoam.' tba 4w Cix<mlt tn2008 . : ·
                                           .t                 •        •       '                                                                                    '
                                     'dl•tlnguillho~ tb.o lo~nt qhrudm:d,botwoonJonOa Act rutd non·Jol\OO Act'"'" by.olutlng Umt
                 •,.
                      ...,                            '                        .                  '                                                               .
                                               IlowovoJ!, coniln'l( to wh~ttb.o Th!bodoouXB ollogc, u~. Cu\Ut, ·tn :rorl'<!fon did not hold
                                               lhallh• strmdai•d In 'an avbfJ{i/aH CIINO wai.lhal •arty" eJI!IibYlU'tW<IR stlfftolont ro prove
                                            . ·caumrtori: 011 tba oo,uttaty, thk Co1nt alaru!y nollld that lnTorni/on, tllo Dl!liWt'Wus
      •'.                               :· . . brou!!ltt urulor llto Uonos Aot, fl1orobymuklng tho Ievit of oou..Uon dlfforru>t ftom thnt of
                                               ofltct.lotllJ,lu Xlm'q/on, We•lntod thnt "[t]hologal o!andanl tegiOJ:ding tho I<Wel of •
 ..              •'    .                       onJ19utlun mulo•·~•oJun... 4orl•·dlffuronl tbnn.thuii'!<J.ulx•d !l>r olhllrturts ••• "(llmJlhosls
                                                    oUd«lby!l:lo!OOIUI),' ·                   '                           ' ' '           '                                 ,
                                                I                                  <"                             1


                 \ . ' 'Tlte oo'o1#10~ eleurly:stnnds fo.r.·tlm propoa111oJl tha.t; u.t l~ll!st 1u 2008, tflCOOWli/J ll (~'OJ.lOO
  ......
                        :            ~ol""""'l~~ fed1>111l •ulmla~llvu buw!Umolaw wltb II~ do ~n!nlmus n~gllgenoo stru1dw:d und those
                       '•.           '••••~ tbat did not fiill und.'r lhofo""' Act.~· :rm•t•<¢oll ~. f,lobii'OII Co.' .
  ·. . · ·; .. ·... ': · .: In                    2~9~; ~ ;.,,. 4ocluod, 'wbloll w.. not aJono& Aot ""'·'· Tl~ )lourlh Cl<~ult •l~tod •
  1·· :· · .                         tl~t'"l!lc<)lclll ~oio.noo b~ ~rov,oa \t os~int oolnUoll8WP, ~tw;.n M..,;to, "'Vo;mu ru)d     ..
,: ·. · ·, ·                   lltciiothGUOlllQ·~.YQ baclt'gro;,nd lovlil$. Thu5. such afl])M~!'f ~nosnre 1u n 9tJUH1ttlv~
                            . '.                                             '

                            •'         .             ..
  •   ..         .
                 •'
              •'.. '.~     :         '
                                                      ___ _
                                           ..,' _____...,...
            : · : • ' 197d·ao, 2d 869 (ln. At>M·Ok, 2008). • ,
                                                                                        ·.            '       .
                                                                                                                                              •       .
             •        • '            1 Id-lltBG2            '      ·          •        '                                 •             ·                    '         •
           : ,· ','                  ~ a7U.flo,2:d 8'11! B91 (!..a, A'pp, 4 Crt>, 20U4)·(aint.l.'ligtlmt "fb.'llt,-fun.ptoduoto ~inbill!f<~nao1 Ul~,Pln!ntlffifi ooqntrod
  ..                , . to Jl.WVQ oxll~Jsut~ ro 1\ Pllliluullu' ln!'llllifiwtlllotl> pro~uot; whorl)(l!l, Jn u~oo.m A11t fiM0 1iho aoruunll".P1Rh\tl'.tf'iu only
  \    .       ' ·
                   . · ;roquho\lla p.rovo.~poa\11:1.1 tq aabe~~!O.&boarddto omplil}'ll~ll voaoot,ll.ot 1\1'/tG.fll nllllll.~loll, flll0Wlt1 1JllJ di~CIIJJ~tS\1.'
                        i\boie, ln.11 prodl.lOis Uab11lty onfiOt th.o ~mtlffl&·.t:oqlllred to prova 8nba!llnfl!llllnU~IIli.Oll; Wh6nii.HJII!l dlr!.cll¥Jod
              •,        boiOw, b.\;P. Joll03'Aot<nwo,lll.o·~l!!l\tllln·pln.futlt'tiFJ onlyn141llrod to,provullghlUil\I~RliOII.'?• . ·                           ·
             ' : ,·                                                                                                                                               4
                                                                  ·.
                                                                                                                                                                                 '•'
                                                                                            •
                                                                                                                    0   ..       • •     •
                                                                                                                                                         '•  t                                            'o                                I


                                                        fa.nroillu,ln!l Ow dQWo.                                                                    1110 IttafllCl1lllOm, !~Be~grm v. P~.PftvT. &~nit~ &•v6tforl;, ~                                                                                         .
                                   · · ·~..App. 4 Cl~ lmom), 1137 So. 2d 96, wo nokilowJod.&ed lletla'.nJne~ prlt1elplouopxdlna
                                                                                               '                                                                                                              .                                                                                                  .
                                                                                                                                                                     .
                                                     Jla'Qelftot o~~~~e~, Pbt,. brld(ll{jlllS~fll 'Bebl!itos hn'\t!l OfltiJC:d ii'II!IIOtholirunll ltl.pcaODB dboad«''·
                                                                                                        . ..                                                                             .                                                                                                               .
                                      ' ' J.m. '8eQQD.d, CvotY J!Oll•fi:Mn! Ol<lJOIIUI'8 to ISboiUOII coDidhlltoiJ to lltd OQ~(\Na t1 Ot\Ull~ 0~
 •.,
                       ..                               me.~~i4ollo.IM." 11 lt·Hiwllld al~1ibonowd tltR~ tbrit?owuRrDJstl·iotCo)lltfor lhu ~o DilttlOt Q
                                                           .. ' .                  ' ..                      '                   '.     '
                                                                                                                                                        f
                                                        JollU ~.iooll 11,1 C:rtattia y, Jnco lttfl/lcHtotl oleo tCildol.\ld 11 dcolsl"!" in 20()!) holdlnt; ina ill.ulllet
                                                            .                   u
         .. .                                           l.ll.llllnot.
                                                                          .            '
                                                                                                    •
                                                                                                                                            ·}·                                      .
                 '
..
 .,                                              ·.,, · • l,)~~bnl11111t• Rfso.rt tho ~~tgull\Ont that "lo 11~ ox:tent'kl'dll:al'kllll\011 Catt~r1la roly Wl
                                                                                        t           o o         o                                                                    I                                                                           f



                                                 .H11111tel!RTl,1ho ~l.ti! mleplii()Od IIIM11noonalllloot wltltLot1W1111tt tnw."', Tills oowt .
                                                 0                              0
                                                                                                                                               IIi                                                                                          0
                                                                                                                                                                                                              1
                                                                        0
                                                                                    0
                                                                                                            I                t                                                               0                              '                           f                          I                t'
                                                     <fl1111ar~ ~lld fl.ndH tb.ntthq. roll!lonlngoftllo)'oudh C!lraule e;ompottll with tho,llldstlll!{ Lav,r'Wium
                                                                                                    I               I'       t                 '!    o           I       I       I   I                    o       ,'                    I                            I       ,1   : '       I                o


                                                                            .
                                                     <llttol.'Cntltlt!Jik bet~ thel tbeoty-tbat,''tro1..
                                                                             '
                                                                                                      DX!lbl:lu!d' to llllhaawx' Bhw~ ~~.1111
                                                                                                                                            '\b;IIU\Ilnl :tiLclot•
                                                                                                                                                                                             .                                              .
                           •, ,,                        fllt.41b.lltb.Odf)'-ym~H«nt!lll',t\DIIU£0(o~\16fltoa fib01'0 ll~ba~]~Vol~" (1!'88\pfl!ntitiJ.'
 ....
                                                . faotor, ~lltUl ~a~ oompom wltll ThlbodiJauJt, wlilob.ctawd th~t "I~ T rr""'' l\Vol
                                                                                                                       o
                 ...                                 dl~1//lt ~old t1Kn fh4.&hjpclard In an ctrbfiGIOII au.rll 'Wfla' that uQ'lilv" Aie0!AJ'II wtw 114f/fr:ltrrt to •
                                    • '1"041' C4illr1tl.w.~ 1-i llultll~, ~/lis vciy.alaar i1. itu\Jllng Uult t)1e .modic:ol' ~\llli,)O t. · ...
                                      .                                                                                                   .                                                                                             .
                                        •
                                                 .ulo!W l!.honim~dloi§!~1 ~ riJr.s ~~qtflnde fltntthbFmltlk Ckoulthnta' O&talin:.oo.111¥tto I :.
                                                                    · .I                        .                        •                               •                                                                                                  I                           •



                                                                                                                                                             ~
                                    .. • be a ~llllldcrfl'.omr In !lllllJIAi lllDI!olh\l.UoBJO, apJIIUu.!.rt:·l!lWII~ }1ro¥111hlltlll!/tf:ll~ Willi eqjo\!Cd .·
                                              .                 . .                        .
                                                '11NbOOt<IIIJ.ovdl ~YO b$~l leVoJe.
             ..·,                                                                               ..
 I       I       I I

                                                                                                                                                                                                                                                                                                                         .'
.~           ·                                                              o                           0                              IIIII                                         "



                                                            .
                                   ':               I

                                                '
                                                                                                                                                                                                                                                                                                                              ..!   .. ,,.
                                                                                                                                   .
                                                                                                                                   .                                                 '.1.1.!1PurmaePeol8je~
                                                                                                                                                                                                 ,                     ..       .               .
         .,.               '                            .
                                                            ..              UCC b~lugs up in ftuuPJII~ biio£fJ1JS couJ~'s _prov.\oua .Wli~ucu ma.l'~fl'llli) v. Pent·
                                                                                                                    '                                                                                                                   .                       . . .. .                                             .
· ·. · ·                                ·. lifl'{uiY ·a,.,r<Jl1116,16!l'ho Uolllt.orls[nally i\Oid thotit!ouud J'mlgu T.ob1Jlf1' ullblpe~ry.penJlllllllvo,,. ·,
                                                ,,                                                          ~                                                                                                                   •   f




                                     · twiJt.atllt dous, lillwuwr~ Pa14rl!ll) illlJolh dlali~lllllbllb).u :ll• d10 l•auo 1\0W.bof11ro tble oourc
                                     0 0                            0
                                                                                                             oln
      o;                       o            0
                                                                °       0
                                                                                        o'                      ;, '                                                 I
                                                                                                                                                                             0
                                                                                                                                                                                                                                            °       :   I
                                                                                                                                                                                                                                                                         0
                                                                                                                                                                                                                                                                                            1   \
                                                                                                                                                                                                                                                                                                     0
                                                                                                                                                                                                                                                                                                                 '



:' • '' . ' •· .In \w1~~~1uttd a(lwoabll'lln llJ.o.ll.ue.Qlifda'tct tlto dlliUugltliJII.qbl.o 1\barll!llotiDUotJ,the OO'IItl • •
     ,                         . . :·.           ·Pc~l~l~~~ tlia~;~fJ1mo'Wt1J ®o~t ~r;.:botl~~.rWI•ncj 'f.'afatlla.·fiC<:o~, tid~ com·l                                                                                                                                                                                               f.
                                            ~                               '       ..                                                 .                                         ~       .

..                     '•

     .... .
      .      '         .
         ·.·..

     ·:. .· . .. ··
                 .
                       ··, .                                ..
                                                                                                                                  ·.                                                                 ..                                                                                     ..
                                                                                                                                                                   0   1.          I

                                 0       0       t       0




                                                                                                                                  f   •• -


                                                     .·                                                              '•

                                                                     .~aUna\lle~·;Q,.,6111 beiiOd II.PQU'll• fiqt.s:. rn~afl!rlll(), theN Wll ctll48Uonl!ll to 'Whalb~· tho
                                                                         t                                   I                                               0                                              O




                                                                     plftl.oll«wm~~ r.~r p!q10II6d io llo'lbe•!OJI•uUI\Wil'llled by the1bllo~A;
                                                                                             tJ:D.uJl.o~lli ie&m~ JUJl1o delllrmbw.Uo.u otv.tlolhclfd.lllll.clt'lltles·o.t'tll.o thteo ~ltp rop11h- ·
                                         ..                      :
                                                                 1
                                                                         •
                                                                                     , .
                                                                                     • ••
                                                                                             ~OinlW!Y.&d'~a~hl "IIU'llli!IIJII lal1 a&ballau oilpo&llro to tb.opl.alhtl~ (llWIB. •
                                                                                                                                        .
                                                                                             el~JlOl:'l/ro o!\a doateo ~ io-oo!lllliuio allllbat®Ual oonirlbnttng&ut.or ln.&illiln4f
                                                                 '                      tt,bout ihoplaiuUtfal-tO!itleoti.V!t<IllllllllMIN)·lJ~mMrplAhttij'\11 Pl'O'YIId tl\o,6WIMUII'offlliY,
                                                                 ·                    • (rllfiJiJIW bJ'Ur• l'oufilt Cii'C'Ilfl) Oll.lJOal.ltO 7 to J,!:t. 'Pellli'IM or Mr. Vuh011n1ting.ftow.
                                                                                             4~uuratll"llftct.lll:thofu!lblnt o1110, ~~·~~:u
                                                                                           ··.=r:.~t:::r:~::mr,
                                                                                                    I            o
                                                                                                                                                                 =:;;:J :tt& rr3
                                                                                                                                                                       '                                        ,    •




    "                    /' .. · . · Whl.IIJ UCC nolll9 In ltH mWPlmneJrtal bilefthat{ulsrmo Jw!ultocl 1M olltlsa!Lonaltln<lnn!,                                                                                ..
            ; ',                                 ,; , .'             ~'alfU'IIO dlcl:;lotcOll.'lldar I!Xporitllll!lmo~ bj\llaune tb.ol.'oWII8.1Io baHitl'b1~to ~o lllme'tl.o
                                                                             1              o       I                                        t       ,                                 t                                    ,             •• •


    · .''·. . ··.' : : >~tlawJlff• OD\IIrl.'not eV® tJ,rove illotaill el':,POillt\'1 Jot nlouotMl!J,~ 1eailm.o11.)'1 Tb.«~o~ to olf!>·lt · · .
                        . .          .                   ..               '
    · .. . · ' , tO.t ~o propqsltlo:n set1btfll.ln1hla ct\1!1' ooncotbl~ wi.JIOt' R~ ~lbt·lihould bo Hmltod. imot
                                                                                                                 .                                                                                                                           ..
                             •                                       '           •              0                                                                                          0




                                                             . liQ~JV(;.
                                                                                                                                  '                                            .
                                                                                           ' FJ.nqll:y, l~go 'i'obid OOI1C\Ii1'1lllCO 1ft no wny ,goea Q81Ub,et 1bbl Wlllt'a ~wing \1.()~'-ch"
                                 ,• '                            ·iaf!t!o. 'rho ll'llltMCl,:t~:atated tbe lb'IIDwi~~&~                                                                          1
                                                                                                                                                                                                    •   •                           • •



                                                                             '. .'' i ~~~~~:tlDt All{lollt :to IDa to 1xl \1 ~O.tllfdi'4ll~ ibcl.t one tl.bot ofUlfb~lo:l c1111k a'~1111411 of .'
                                             ' 11t11Ulb&t011tllat¥ dleeaao.eool\.as.mO!IOib.eJ.Ioma.lll.' OIIAOC!I'. Ultltl'Wrtllly,1b.l) q\IMiiou
                                          .     MoolUOI whof.o aBbcsto& :fillc!t(s) ~tho pllllnllll'8lll!ui· 'l'hor~ I reoognjzo full
    0       0           •'
                                          · • • somotaed.fte word -.wstanilal11 in thuP'!hlxto:f404lboatoMoi.•ID4illaorule oJljo !0                                                                                             I

                                                ~~ 11111Yf' Ul»d 1~at tb9Jr1phou\1IO rfnO wUn!OOIJ'l)tedJhewol'll"fl\!,¥IftDtJa\" .'
                                                ~ "Illl" !D.·~ w.Wolide.ted. ~.ol<lHot~\ilted ~~~~.r 01\!!0tt. ~
0       ~       •
                                                                                                                                                        •
                             ••                   '  1     ()I! 1     ·o           ort.tli.t ••            Inn l't1.o.rdorfuiu111Aluti1fto piovlli4 ,
                        . ':~ ·: ·... ·: .· · o or ~ID 1\'Juat.ea!lllililtl tbatit.l&l.lWro lllwly:tl\il.n not.tblll a dc:fbud!IIU'll Dbo:lloll OI)IIMd
                                    :
                                     ·                                                    · OXY!i)UIIU~lbotarJu.ibiUII1l(\'lotN«atc4JrtJ\ll(flll\ UW, OllJO, OIJIHll\~relldtlw '
                                                                                            1\'l()Q1'CI ~ 1IIC*i that the pJ<dJttit'lll OIU'O!l ll\lo oonlnJl\ With 1\ def'OJJdallflllll!boutua, b11t 1he
                                                                                            '!\)OOtd UO\'Il nohuppoli a ;thulitlg·llutt lftlilh 6onlllllt n & aulli!Wltid·p!liWO or fuo!or D'ftho
            o•
                ..·                  '       f                                                                              111UAwntlol.:lhatot 1'9Jo clowla :proVOII' 11
                                                         · · • ,•• •plllhrtltfa BBbcal.o!H'01a1td rlise{lllo, All th1W'I11e 1
                  .'                                     · ·
                                                            •·      P,lulu.lffU.'OJXl "Vm.~dnantoooyih:nniiQ1llllQM whuso ~lllo11Is verfllllllbl;y tu bu 1J.
                                                                    ~ut.Jo.r.fi.ot«fn ~ng,thD'JSIW.ntfffH ~se; 1ho plll.hrllfthoa tlla xlal\t to o'bfalnn full
        c '··.
                                                                 •. I,Wj(JOVIlJY 1kom t~o clo!lltulanlli'\'dlo.IU'OlJilmadly ~~liOillllhle. i'ot bls or blr,IDJ1u'Y·
    •'
           l o.r
                             '       ..
· ·. · · ·: ·: ,,'. I111Igo 'robl110 ~~~~ Ve.t'Y s_peoiftG and oonoot In Bl;rtblg lhat.n trla1 court lllllltlu~·~ • suhatarutQt ·.
I                   f        , ,                     f           o                   o '                 t                    '         '        \       t                 I               I            o


    ..,. . •';• ·. i®Wr.wt"'"lY''.wqlilw«o to ll,llb6atu11 filletllo Th~tFo\ltth Ch'O\lli'B.ollftoglnu ott~ PUlndlll'd·to
         .            .                          '                                                     .                                                                                                                 .·.'                    '    .
                                                                                                                                                                                                                                                     .:
    '             . aoo;u ba~ ·I&~Is ollmb~l~ll "Wv.bil" <lli,P06UL'1111ulolU~ 8l.ld. ln \hhi..~>Ul11S oph~o,
                                                                                                    .                     '
                                                             •. attcm,tJt.'to •Gt fu~ ·fb.rel!ltold leVIili.WWhlrl oo!llititutoalljltuutWk!ILIJiil :liwtot ln.mosotholl.o!DII
                                                             '               .        \                 . .. . .                                                                                        .
                                                         · ~ane~~. Such flllacltom.pt,allows' tltllll(JI\$ to ooo~pilnhwluo.t judgo '1'obl:uH e.~11\1lii!Ma Ju his,
                                                                                                'I

                                                                                                                                                                                                                                                          .,,o ;
            .            '




                                                                                                                                                                                           '•   .
 ...
                                                                                       ·',.


                                  •              o                   -!9n&ltt'eJI~ -'Wh.l~ I# to llllow ~ !l)m141iallllltywllan.lhalr ptod~ots d.d not •ll'o"'
                                                                                                                                                l
                                                                                                                                           •                             •                                                      0
                                                      0 0


                                                                     ll $1lliulifl'10 a<~®~I !'dnr.vo
                                                                               0       0                                                                                                                                                                                              o,
                                                            •              0       •


 ..
o        I
         o,'                  0




                                                                     wilb lho adVIll¥Jefll.u II).C(!Ioal6ciooll0, lhls ~XXII't 1l..tul.' tlmt Dr. MttdlloX111oeliluoor ~o:rlt! '
                                                                                                         •            0




                                                                     ;.nutthiS rullri1111 frllDl both tllo .LouJ,Iu sup:emo Cout't IWd tliD FDWIIh ch-wft,lu ro~a1o
                                                                                           ,o                    '1
                                                                                                                          ~
                                                                                                                                                         0
                 d                        'o     I                                         It                                                                                            ,   '                                                   •            1

                                               .' : .. t&B1lmonyohllt oxpoiUtO COollSll~s Above bll<lkgroulld lBNlllllllll btiii.Su:b•taulial Qwtorln •
                                                                1                                                                                                                                                                                         ,
                                                 I   ',          '                                 ' •                                                                       '           '                                              '   '        '


                          ·~·                                    ~~lbiu:l91ibihotiom T~ci..'Oib~ ""H eoott ·~W.~s f.bnt lllo/ 11ntlolpntod t011U1Au~Y lnWJ~Ill'lls-k,f~o
                                                      00 0
          0

     :       '   •                    •     ' ,o

                                                                 ott,l~otllWW~'n~vo bno~~"ollienty JnelllN'ihci·Jooqub.'OlDOnla t...ti1M' ~Dattbn# e.n!IJysls.
                         : ,: . . .                                                                                                                      .
                              1
                                  '• : ." '



                                                                                                                                                                                         ··4!~~·                                                                                                    o•


     oo•                                                                                                                                  ··                                                     Jtulgo l'nu1ott!o R. XrttDR                                          •· •
                                                                                                     I   '
·.· •,
Oo                   •
                                                                                                                                                   I •
     oO                   •
• •                           0




                     0\
                                            : I:.
                                               ...                                                                                                                                                      ,oo· ,                      ~.·o
         I       I            o           t iO
                                                                                                                                                                                 '   0
                                                                                                                                                                                             .    '\.
                                                                                                                                                                                                                                                                              '   0                  •




                                                                       o
                                                                                                                                                                                                                            .
                                                                                                                                                                                                                    . ifLiVtt                                                          ..            .
                                                                                   ..
                                                                                           I   U                                                             0       0   0                                          •                                                                           0




                                               ·;·                                                                                                                                                                          .       .       8            ·,                                .:
                              .. '                        •,
                                                                     ... .                                   0'
                                                                                                                              0       •
                                                                                                                                          •o                                                                                                                                                                 oj


                                  '':
                                                                                                                                                                             o, .
                          ·:                                                               o,.                                                                                                                  .'
                 0
                     •,,.
                                  0
                                                                                                                                  I        o        A    tl      I

                                                                                                                                                                             ..                         .   '
                                                                                                                                                                                                                0       ,   •




         ,'o                    .              0.\
                                                                                        o•,
                                                                                                                                          .'
                         ........
                                                                                                                                               '

 ..                                                                    I               •
                                                                                                                                                                                                                ·.
 .. .. ·.                                                                                                                                                                                                                                                         •   0   •




                     j        00                                                                                                                                                                            ....
 •
         0



         ·.. :-
                 .




                 0
                              ..  0




                                                                                           .,

                                                                     ~----~~~·                                                                                                                                                                                                                        I
                                                                                                                                                                                                                                                                                                         I
         t • •            ,;
                                                                            !l.
                                                                     a-son ro '"'(1993)
                                                                                                                                                                 ..                                                                                                                                 . I




                                                                oo ,
                                                                                                   ,o                                                                                                                                       ;•
Record Tab
    4
                                                                                    Filed 11 September 21 A11:27
                                                                                    Chris Daniel - District Clerk
                                                                                    Harris County
                                                                                    ED101J016506517
                                                                                    By: daunshae n. willrich
                             CAUSE NO. 2010-17509 (ASB-MDL)

CURTIS BRUMLEY, Individually and as               §         IN THE DISTRICT COURT OF
Personal Representative of the Estate of          §
JIMMY BRUMLEY, Deceased                           §
                                                  §
VS.                                               §         HARRIS COUNTY, TEXAS
                                                  §
AKZO NOBEL POLYMER CHEMICALS,                     §
LLC f/k/a AKZONA, INC., et al.                    §         11TH JUDICIAL DISTRICT

                                        Transferred from:

                                    CAUSE NO. A-186,121

CURTIS BRUMLEY, Individually and as               §         IN THE DISTRICT COURT OF
Personal Representative of the Estate of          §
JIMMY BRUMLEY, Deceased                           §
                                                  §
VS.                                               §         JEFFERSON COUNTY, TEXAS
                                                  §
AKZO NOBEL POLYMER CHEMICALS,                     §
LLC f/k/a AKZONA, INC., et al.                    §         58TH JUDICIAL DISTRICT

           DEFENDANT MORTON INTERNATIONAL, INC.’S RESPONSE
          TO PLAINTIFF’S MOTION TO APPLY THE LAW OF LOUISIANA

       Defendant Morton International, Inc. (“Morton”), respectfully files this response to

plaintiff’s motion to apply the law of Louisiana, and would show the Court as follows:

       Plaintiff alleges that Jimmy Brumley developed a single injury        mesothelioma       as a

result of occupational exposure to asbestos while working on the premises of 30 different

defendants. The vast majority of Mr. Brumley’s asbestos exposure occurred in Texas, and a

Louisiana court dismissed this lawsuit for forum non conveniens for this reason.

       Nonetheless, plaintiff has now filed a motion to apply Louisiana law in this action,

carving out seven of the 30 premises defendants and arguing that because these seven defendants

owned premises in Louisiana, Louisiana law should govern the questions of (1) premises

liability, (2) the standard for causation in asbestos cases, and (3) the law of virile shares    but




                                                                                    {00129770.DOC; 3}
only with regard to these seven defendants. Thus, plaintiffs would have this Court apply

different states’ laws to each of these substantive issues: one for defendants that owned premises

in Texas, and one for defendants that owned premises in Louisiana. That argument has no basis

or support in Texas law.

                                                 ARGUMENT

A.       Plaintiff’s Argument Is Contrary to Texas Choice of Law Principles.

         Plaintiff’s argument is contrary to the principles of Texas law, which applies the “most

significant relationship” test set forth in the Restatement (Second) Conflict of Laws to decide

choice-of-law questions. See, e.g., Torrington Co. v. Stutzman, 46 S.W.3d 829, 848 (Tex. 2000).

Under that test, courts determine which state has the “most significant relationship” with each

particular “substantive issue” involved based on the relevant contacts with the state                     a concept

known as depecage. Id.; see also RESTATEMENT (SECOND) CONFLICT OF LAWS § 145(2) (“These

contacts are to be evaluated according to their relative importance with respect to the particular

issue.”). That is not, however, what plaintiff is asking the Court to do here. Plaintiff is instead

asking the Court to apply two different laws to the very same substantive issue on a defendant-

by-defendant basis.

B.       At Least One Court Has Rejected the Very Argument Raised by Plaintiff Based on
         Principles That Apply Equally In Texas.

         While no Texas case has addressed this question directly,1 an Illinois court squarely

rejected the same theory based on principles that apply equally here. See Gregory v. Beazer


1
   Texas courts, however, consistently evaluate under a single choice-of-law analysis all conduct of all defendants as
it pertains to a particular substantive issue. See, e.g., Doctor v. Pardue, 186 S.W.3d 4, 8-12 (Tex. App.—Houston
[1st Dist.] 2006, pet. denied) (court examined contacts of Texas plaintiff, defendant Wisconsin not-for-profit
charitable organization, and defendant Texas pilot employed by Wisconsin not-for-profit organization to determine
applicable law on question of charitable immunity for injury resulting from airplane collision in Wisconsin); Union
Natural Gas Co. v. Enron Gas Marketing, Inc., No.14-98-00183-CV, 2000 WL 350546, at *2-3 (Tex. App.—
Houston [14th Dist.] Apr. 6, 2000, no pet.) (employing single choice-of-law analysis where various alleged acts of
tortious interference by multiple defendants occurred in both Texas and Louisiana); cf. Duncan v. Cessna Aircraft




                                                        2                                            {00129770.DOC; 3}
East, 892 N.E.2d 563, 578-81 (Ill. App. 2008).2 The plaintiff in Gregory, who also alleged that

exposure to asbestos caused mesothelioma, argued that depecage should be employed “to

separate out for consideration Larry's alleged exposure to Georgia Pacific's product to the

exclusion of all other alleged exposure from the multitude of other defendants plaintiff initially

sued.” Gregory, 892 N.E.2d at 580. The court noted that “it is the issues presented in a case to

which depecage applies, not the different defendants in a case.” Id. The Illinois court found “no

precedent to support this use of depecage, that is, on a defendant-by-defendant basis.” Id.

          What is more, we believe such an application of depecage is contrary to, and
          would cause myriad problems in, our court system. At its essence, plaintiff's suit
          here was a multidefendant tort case asserting one singular injury to Larry.
          Though not directly addressing the process of depecage, several such cases that
          have come before our courts support the principle that “the entire litigation must
          be considered in assessing which forum has the more significant contacts with the
          litigation.” … Also, as Georgia Pacific points out, applying different legal
          standards to each joint tortfeasor-defendant in a multidefendant suit alleged to
          have caused a single injury could lead to inconsistent results.

          The instant cause does not deal with different legal issues which are easily
          separable, such as a case involving a tort issue and a contract issue. Rather, it
          deals with multiple defendants all alleged by plaintiff to have done the same
          thing: owing Larry a duty to warn him about asbestos and being negligent in
          failing to do so, thereby causing his mesothelioma. Applying depecage to
          separate out each defendant in such a single-injury case is a misapplication of this
          process, which should focus on issues, not parties.

Id. (citations omitted). At least two other courts have reached a similar result. See Giovanetti v.

Johns-Manville Corp., 372 Pa. Super. 431, 436-37, 539 A.2d 871, 873 (1988),3 abrogated on


Co., 665 S.W.2d 414, 421-22 (Tex. 1984) (court considered contacts of airplane manufacturer, location where
airplane was placed in stream of commerce, residence of individuals killed in airplane crash, location of airplane
owner, and location where airplane owner executed release in evaluating choice of law concerning effect of release
in favor of airplane owner on other tortfeasors); Sanchez ex rel. Estate of Galvan v. Brownsville Sports Center, Inc.,
51 S.W.3d 643 (Tex. App.—Corpus Christi 2001), vacated w.r.m. sub nom., Honda Motor Co. v. Sanchez, No. 01-
1040, 2003 Tex. LEXIS 8 (Tex. Feb. 6, 2003) (upholding application of Texas rather than Mexican law to claims
against Japanese manufacturer of ATV that was designed and manufactured in Japan, that was placed in the stream
of commerce by another defendant in Texas, and that caused injury in Mexico).
2
    For the Court’s convenience, a copy of this opinion is included as Ex. A.
3
    For the Court’s convenience, a copy of this opinion is included as Ex. B.




                                                          3                                          {00129770.DOC; 3}
other grounds, Simmons v. Pacor, Inc., 543 Pa. 664, 674 A.2d 232 (1996) (applying single

choice-of-law analysis under the Restatement’s most significant relationship test to hold that

New Jersey rather than Pennsylvania law applied to asbestos-related claims of New Jersey

resident, who worked for 27 years in New Jersey and 2 years in Pennsylvania, against several

defendants, six of whom resided in Pennsylvania); Elmore v. Owens-Illinois, Inc., 673 S.W.2d

434, 436-37 (Mo. 1984)4 (applying laws of Missouri to claims of Kansas resident who allegedly

was exposed to defendant’s asbestos product, primarily in Missouri but also in Kansas, under the

Restatement’s most significant relationship test).

C.        The Illinois Analysis Comports with Texas Law.

          The Gregory analysis fits with the Texas notion that the laws of the state with the most

significant relationship to the “particular substantive issue” will be applied to that issue.

Torrington, 46 S.W.3d at 848; see also RESTATEMENT (SECOND) CONFLICT            OF   LAWS § 145(2)

(“These contacts are to be evaluated according to their relative importance with respect to the

particular issue.”). In tort cases, the “place where the conduct causing the injury occurred” is but

one factor in determining which state has the most significant relationship to a particular

substantive issue. Torrington, 46 S.W.3d at 848 (citing RESTATEMENT (SECOND) CONFLICT OF

LAWS § 145(2)). Where, as here, the conduct allegedly causing injury occurred in multiple

states, the “most significant relationship” test thus evaluates each of those contacts to determine

overall the single state with the “most significant relationship” to the substantive issue in

question. See Union Natural Gas Co. v. Enron Gas Marketing, Inc., No. 14-98-00183-CV, 2000

WL 350546, at *2-3 (Tex. App.--Houston [14th Dist.] Apr. 6, 2000, no pet.) (employing single

choice-of-law analysis where various alleged acts of tortious interference by multiple defendants


4
    For the Court’s convenience, a copy of this opinion is included as Ex. C.




                                                          4                           {00129770.DOC; 3}
occurred in both Texas and Louisiana). The “most significant relationship” test does not divide

the single substantive issue into multiple parts to be decided under the laws of different states

depending on where any given conduct occurred.

       Furthermore, Texas recognizes a strong prohibition against splitting causes of action

based on the concerns cited in Gregory     namely, the practical problems such an approach would

entail and the likelihood of inconsistent and nonsensical results. In Texas, a cause of action

against multiple defendants alleging a course of action that jointly produced an indivisible injury

cannot be severed because the plaintiff’s damages from the acts of any single defendant are

intertwined with the damages he suffered from the acts of the other defendants. See, e.g., Jones

v. Ray, 886 S.W.2d 817, 821-22 (Tex. App.      Houston [1st Dist.] 1994, orig. proceeding).

       At a single trial of all claims, the finder of fact will be asked, for each entity
       concerning which there is evidence of some responsibility for Jones's injuries, to
       assign a percentage of that responsibility; the percentage the finder of fact assigns
       to each such entity will necessarily affect, and be affected by, the percentage of
       responsibility it assigns to each of the other such entities. If the severance order
       were allowed to stand, and the case were to proceed as two separate suits, then
       that relationship would hold true only in the abstract, and not in practice. The
       severance of the claims into two separate suits would not, of itself, preclude each
       set of defendants from presenting evidence that the defendants on trial in the other
       suit were responsible for Jones's injuries. In each of those suits, the facts and
       issues relating to each particular entity's liability for Jones's injuries would be the
       same. Additionally, the respective triers of fact could each find that Jones had
       been injured and that the parties over whom their respective courts had no
       jurisdiction were collectively 100 percent responsible for his injuries, with the
       nonsensical result that Jones would recover nothing, despite those findings. On
       the other hand, the respective triers of fact could, instead, each decide that the
       parties over whom their respective courts did have jurisdiction were collectively
       100 percent responsible for Jones's injuries, leading to the equally nonsensical
       result that there would be, at least temporarily, two different judgments for full
       compensation for the same injuries to Jones.

Id.

       Plaintiff’s defendant-by-defendant approach to choice of law implicates similar concerns.

The liability of each of the 30 premises defendants in this case for the single, indivisible injury




                                                5                                      {00129770.DOC; 3}
alleged by plaintiff is inherently intertwined. Asking a jury to determine and assign fault among

30 different premises defendants based on inconsistent standards of causation          the Louisiana

standard for seven defendants and the materially higher Borg-Warner standard for the remaining

defendants    as well as inconsistent standards for liability and for allocation of responsibility

would be not only unworkable, but also unjust. See Gregory, 892 N.E.2d at 580 (applying

different legal standards to each joint tortfeasor-defendant in a multidefendant suit alleged to

have caused a single injury would create “myriad problems” in the court system and “could lead

to inconsistent results”). It would be virtually impossible to compare the responsibility of a

defendant found to have caused plaintiff’s injury under the Louisiana standard, which plaintiff

contends permits a finding of causation based on “even a minor exposure to asbestos,” Pl.

Motion, p. 5, to the responsibility of other defendants based on the higher Texas standard. Even

a minor asbestos exposure in Louisiana could result in the premises owner’s sole liability for

plaintiff’s injuries as a result of the application of two causation standards. Plaintiff’s attempt to

apply different laws to the same issue on a defendant-by-defendant basis simply has no basis or

support in Texas law.

                                             PRAYER

       For the foregoing reasons, Defendant Morton International, Inc. respectfully requests that

plaintiff’s motion to apply the law of Louisiana be denied, and that this Court apply Texas law to

the substantive issues in this case.




                                                 6                                     {00129770.DOC; 3}
                                         Respectfully submitted,

                                         SCHIRRMEISTER DIAZ-ARRASTIA BREM LLP


                                         By:
                                               Michael L. Brem
                                               State Bar No. 02952020
                                               Pennzoil Place, North Tower
                                               700 Milam Street, 10th Floor
                                               Houston, Texas 77002
                                               Telephone: (713) 221-2500
                                               Facsimile: (713) 228-3510
                                               Email: mbrem@sdablaw.com

                                         ATTORNEYS FOR DEFENDANT
                                         MORTON INTERNATIONAL, INC.

                             CERTIFICATE OF SERVICE

       This is to certify that on September 21, 2011, a true and correct copy of the above
pleading was served by LexisNexis File & Serve to all known counsel of record.


                                         _____________ ________________________
                                         Michael L. Brem




                                           7                                  {00129770.DOC; 3}
Record Tab
    5
                                     CAUSE NO. 2010-17509-ASB                                                Mar 20 2012
                                                                                                              12:50PM

CURTIS BRUMLEY, Individually and as                      §       IN THE DISTRJCT COURT
Personal Representative of the Estate of JIMMY           §
BRUMLEY, Deceased,                                       §
       Plaintiff                                         §
                                                         §       HARRIS COUNTY, TEXAS
vs.                                                      §
                                                         §
AKZO NOBEL POLYMER CHEMICALS, LLC, eta! §
     Defendants                         §                        ASBESTOS MDL COURT

                                        TRANSFERRED FROM

                                        CAUSE NO. A-186,121

CURTIS BRUMLEY, Individually and as                      §       IN THE DISTRICT COURT
Personal Representative of the Estate of JIMMY           §
BRUMLEY, Deceased,                                       §
       Plaintiff                         §
                                         §                       JEFFERSON COUNTY, TEXAS
VS.                                      §
                                         §
AKZO NOBEL POLYMER CHEMICALS, LLC, et al §
     Defendants                          §                       58TH JUDICIAL DISTRICT

        PLAINTIFF'S MOTION TO STRIKE SELECT ENTITIES IDENTIFIED IN ALL
           DEFENDANTS' DESIGNATIONS OF RESPONSIDLE Tl:IllU> PARTIES

        COMES NOW Plaintiff Curtis Brumley, individually and on behalf of his deceased father Jimmy

Brumley, and files this Motion to Strike Select Entities Identified in All Defendants' Designations of

Responsible Third Parties. In support of his motion, Plaintiff would respectfully show as follows:

                       I. BACKGROUND AND DISCOVERY STATEMENT

        Decedent Jimmy Brumley originally filed suit on February 11, 2008 in Orleans Parish, Louisiana

for his development of malignant mesothelioma, the only lrnown cause of which is exposure to asbestos.

Subsequently, Defendant American Cyanamid Company filed an exception of improper venue and a

motion to dismiss based upon forum non conveniens. American Cyanamid's motion to dismiss was

brought before the Civil District Court in Orleans Parish on July 11, 2008 at which time Defendant's

motion was granted. In the interim, on March 11, 2008, Mr. Bmmley perished as a result of his illness.




                                                                                                     Pagel
Thereafter, Curtis Brumley (Mr. Brumley's only son and heir) appealed the Court's decision to the

Louisiana Fourth Circuit, which affirmed the trial court's ruling on January 13, 2010.

          Curtis Brumley, therefore, re-filed the instant matter in both his individual capacity and in his

capacity as personal representative of the Estate of Jimmy Brumley on February 24, 2010 in Jefferson

County, Texas. Cause Number Al86121 was originally filed in the 581• Judicial District Court of

Jefferson County. The case was transferred to the Asbestos MDL Court in Harris County, Texas as a

Tag-Along case on or about March 17, 2010. This matter is set for trial on April 16, 2012, with the

pretrial to be conducted on AprillO, 2012. Pursuant to Section N of this Court's Third Amended Case

Management Order, the discovery deadline is approaching and all discovery will formally close on March

20, 2012. Thus, the time is ripe for motions to strike as this case has been on file in Texas for over two

years and discovery has essentially closed.'

                                      II. STANDARD OF REVIEW

          Chapter 33.004(1) of the Civil Practice & Remedies Code provides that, after adequate time for

discovery has passed, "a party may move to strike the designation of a responsible third party on the

ground that there is no evidence that the designated person is responsible for any portion of the claimant's

alleged injury or damage." TEX. C!V. PRAC. & REM. CODE ANN. §33.004(1) (Vemon1995). Such a

motion shall be granted "unless a defendant produces sufficient evidence to raise a genuine issue of fact

regarding the designated person's responsibility for the claimant's injury or damage." !d. (emphasis

added).

                                 III. ARGUMENT AND AUTHORITIES

          No genuine issue of fact exists sufficient to demonstrate that the parties identified in Section N,

infra, are responsible in any way for the injury and damages sustained by Mr. Brumley and, therefore, by



1
  The timing of this motion is also in keeping with Section V.A.3 of this Court's Third Amended Case Management
Order which states, "Within fourteen (14) days of receipt of Responses to Master Discovery from all parties, a
presumption exists that adequate time for discovery has passed for purposes of no-evidence motions for summary
judgment based on lack of product identification or lack of exposme evidence." Notably, in fact, the only
outstanding discovery is the deposition of George Owens, a key fact witness of Defendant The Dow Chemical
Company.

                                                                                                        Page2
his son Curtis as his sole heir. Defendants have listed a plethora of purportedly responsible third parties

and yet have failed to present even a scintilla of evidence on the elements of law necessary to hold these

parties liable under the principles of proportionate responsibility. In fact, Mr. Brumley had absolutely no

association with many of these entities-he never worked with their products, for them, or at their

premises. Accordingly, these parties should be struck and Defendants should be precluded from offering

evidence regarding their responsibility in this matter. Such evidence would only confuse the jury and

would severely prejudice Plaintiff.

A. Defendants Have Failed to Present Evidence of the Elements of Negligence.

        Defendants have failed to present evidence sufficient to create an issue of fact regarding any of

the elements of negligence. In order to prevail on any allegation of negligence, whether failure to warn or

otherwise, three elements must be proven: (1) duty, (2) breach, (3) damages proximately resulting from

the breach. Praesel v. Johnson, 967 S.W.2d 391, 394 (Tex. 1998). Defendants have failed to present

evidence of a single one of these elements, much less all three, sufficient to have the entities they've

identified designated as responsible third parties? Accordingly, the parties listed should be struck.

B. Defendants Have Failed to Present Evidence of the Dose of Asbestos Attributable to These
   Entities.

        Inherent within an allegation of negligence is the issue of causation. In this vein, it is incumbent

upon Defendants to present evidence of the dose of asbestos Mr. Brumley supposedly sustained as a result

of the actions and omissions of the entities Defendants seek to designate as responsible third parties.

Borg-Warner Corp. v. Flores, 232 S.W.3d 765 (Tex. 2007). Specifically, Borg-Warner Corp. v. Flores

and its progeny have held that Defendants must present evidence of the quantity of asbestos Mr. Brumley

was exposed to-qualitative assessments are insufficient. !d. at 773 (emphasis added). There are two

prongs to the analysis under Borg-Warner: "Defendant-specific evidence relating to the approximate

dose to which the plaintiff was exposed, coupled with evidence that the dose was a substantial factor in

2
  Plaintiff notes that several Defendants, whose motions were joined by those remaining, have attached deposition
transcripts to their designations as well as reference Plaintiff's bankruptcy submissions. These documents alone,
however, are insufficient to establish the elements of negligence and is certainly insufficient to establish dose,
discussed in Section III.B infra, absent further expert analysis.

                                                                                                           Page3
causing the asbestos-related disease, will suffice." !d. In this instance, Defendants have failed to present

evidence of either of these prongs of causation as to any of the entities identified in Section N, infra.

Accordingly, each proposed third party should be struck based upon a failure to present a genuine issue of

fact on this element.

C. Defendants Have Failed to Present Evidence of Gross Negligence.

        Defendants have failed present any evidence of gross negligence by any of the entities listed,

infra. Gross negligence involves two elements: (!)an act or omission that involves an extreme risk and

(2) the actor's subjective awareness, and disregard, of the risk involved. See Frias v. Atlantic Richfield

Co., 999 S.W.2d 97, 104 (Tex. App. - Houston [14th Dist.] 1999, n.w.h.). Extreme risk involves the

likelihood of serious injury to the plaintiff. See !d. See also Universal Servs. Co. v. Ung, 904 S.W.2d

638, 641 (Tex. 1995); Transportation Ins. Co. v. Moriel, 879 S.W.2d 10, 22 (Tex. 1994). Subjective

awareness is evidenced by knowledge of, yet indifference to, the peril. See Wal-Mart Stores, Inc. v.

Alexander, 868 S.W.2d 322, 326 (Tex. 1993). Such conduct can be active or passive in nature. See Burk

Royalty Co. v. Walls, 616 S.W.2d 911, 922 (Tex. 1981). In this instance, Defendants have failed to

present evidence sufficient to establish negligence, much less gross negligence and any party designated

on this alleged basis should be struck.

D. Defendapts Have Failed to Present Evidence Regarding Strict Product Liability.

        Texas has adopted Section 402(A) of the Restatement (Second) of Torts with respect to strict

product liability.      See Firestone Steel Prods. Co. v. Barajas, 927 S.W.2d 608, 613 (Tex. 1996).

Therefore, in a manufacturing defect or failure to warn case, the "consumer expectation" test will be

applied and Defendants must bring forth evidence sufficient to establish that the product at issue had a

"defect" that rendered it "unreasonably dangerous" or dangerous to an extent beyond that which would be

contemplated by the ordinary user of the product, in light of the ordinary lmowledge common to the

community as to the product's characteristics. See Caterpillar, Inc. v. Shears, 911 S.W.2d 379, 381-82

(Tex. 1995); Lucas v. Texas Indus., Inc., 696 S.W.2d 372, 377-78 (Tex. 1984). Alternatively, Defendants

must demonstrate a defect of design was present under the "risk-utility balancing" test or the "safer

                                                                                                      Page4
alternative design" test dependent upon when Defendants are asserting a cause of action accrued with

respect to the product at issue. See generally Turner v. General Motors Corp., 584 S.W.2d 844, 847 and

n.1, 851 (Tex. 1979); Uniroyal Goodrich Tire Co. v. Martinez, 977 S.W.2d 328,335 (Tex. 1998).

E. Defendants Have Failed to Establish the Elements of Chapter 95 As to the Premises Listed.

        Chapter 95 of the Texas Civil Practices and Remedies Code governs cases involving liabilities of

a premises owner for personal injuries, including those arising from a failure to provide a safe workplace,

to an employee of a contractor who "constructs, repairs, renovates, or modifies an improvement to real

property." TEX. CIV. PRAC. & REM. CODE §95.003. h1 these instances, Defendants must prove that:

         (1) the property owner exercises or retains some control over the manner in which the
            work is performed, other than the right to order the work to start or stop or to inspect
            progress or receive reports; and

         (2) the property owner had actual knowledge of the danger or condition resulting in the
             personal injury, death, or property damage and failed to adequately warn.

TEX. CIV. PRAC & REM. CODE§ 95.003. Both prongs must be satisfied for liability to be imposed upon

the property owner. Chi Energy, Inc. v. Urias, 156 S.W.3d 873 (Tex. App. -El Paso 2005, pet. denied).

h1 this instance, Defendants have failed to establish either prong of the Chapter 95 test such that

responsibility should be allocated to the entities listed, which are (or were) premise owners and these

entities should be struck.

F. Alternative Grounds for Responsibility.

         h1 the event Defendants seek to assert that the entities identified, infra, are proportionately

responsible and should be designated as responsible third parties on grounds other than those previously

discussed, Plaintiff respectively reserves his right to formally address these legal grounds in a

supplementary motion to strike. 3 Further, Plaintiff reserves the right to strike any entity identified in

subsequent designations of purportedly responsible third parties.



3
  Plaintiff notes that one Defendant, Garlock, moved on breach of warranty. Garlock has declared bankruptcy in the
interim and to date Plaintiff is unaware of any adoptions of Garlock's designation. Thus, Plaintiff reserves the right
to address this specifically if asserted.


                                                                                                                PageS
                                    IV. ENTITIES TO BE STRUCK4

        1.       Owens-Coming Fiberglas Corporation

        2.      Owens-Illinois, Inc.

        3.      Johns-Manville

        4.      Fibreboard Corporation

        5.      Keen(e) Corp. (successor to Baldwin-Ehert Hill)

        6.      M.H. Detrick Co.

        7.      Eagle-Picher Industries, Inc.

        8.       Philip Carey Manufacturing Co. (successor to Celotex)

        9.      U.S. Gypsum (USG Corporation)

        10.     National Gypsum Co.

        11.      A.P. Green Refractories, Co.

        12.      OAF Corporation (successor to Ruberoid Co.)

        13.      Armstrong Contracting & Supply (Armstrong Cork Co.)

        14.      Armstrong World Industries

        15.      Pittsburgh Corning Corp.

        16.      H.K. Porter Company, Inc. (successor to Southern Asbestos Co.)

        17.      Raybestos Manhattan, Inc. (fi'k/a Raymark Industries)

        18.      Garlock, Inc.

        19.      Flexitallic Gasket Company, Inc.

        20.      Combustion Engineering, Inc.

        21.      Babcock & Wilcox Co.

        22.      Fuller-Austin


4
  Please note that Defendants have utilized various names to reflect the same entity. For example, one might
identify Babcock & Wilcox Co. and the next might simply identify Babcock & Wilcox. Plaintiff has tried to
account for this where possible but acknowledges that various short-hands may have been utilized in the place of
full corporate or individual names in some instances.

                                                                                                         Page6
23.   DII Industries, LLC

24.   JT Thorpe Company

25.   KCT

26.   Kaiser Aluminum & Chemical Corporation

27.   ABB Lumus Global, Inc.

28.   Plibrico Company

29.   Shook & Fletcher Insulation Co.

30.   Federal-Mogul

31.   Crown Cork & Seal Company, Inc.

32.   Nicolet Industries, Inc.

33.   Turner & Newell, PLC

34.   Jolm Doe manufacturer/supplier/distributor of asbestos-containing products

35.   ABER Company

36.   Precision Insulation

37.   Standard Insulation

38.   Neches Insulation

39.   Thorpe Insulation

40.   C.F. Braun

41.   Kellogg

42.   Industrial Insulation

43.   Mundet Corporation (listed above as Crown Cork & Seal Company, Inc.)

44.   Fluor, Inc.

45.   American Insulation

46.   Western Insulation

47.   Sabine Industries

48.   Mundet Cork (listed above as Crown Cork & Seal Company, Inc.)

                                                                                   Page?
49.   A.C.&S.

50.   Pierose, Inc.

51.   Fuller Austin

52.   W.H. Howard

53.   Bella Company (a/k/a Global Remediation Company)

54.   Stearns & Rogers

55.   Scientific Design

56.   Insulation Contracting (Insul-Cont., Inc.)

57.   Brand (Insulations)

58.   Ralph Parsons (alk/a Parsons Infrastructure & Technology)

59.   Strategic Insulation

60.   Bethlehem Shipyard, Beaumont, Texas/ Bethlehem Steel

61.   Asbestos Workers' Union Local 22 and its national association, the International

      Association of Heat and Frost Insulators and Allied Workers

62.   Able Supply Company

63.   Air Liquid America, L.P.

64.   Anco Insulations, Inc.

65.   Kellog, Brown & Root (listed above as Kellogg as well)

66.   Chicago, Bridge & Iron Co.

67.   Citgo Petroleum Corporation (City Services refinery premises)

68.   Dow Chemical Co.

69.   Entergy Gulf States Louisiana (Gulf States Utilities premises)

70.   Entergy Texas, Inc.

71.   Fina (nlk/a Total Petrochemicals)

72.   Fluor Enterprises, Inc.



                                                                                 PageS
73.   Goodyear Tire & Rubber Company (facilities in Pasadena, Texas and Cheek, Texas)

      (Goodyear premises)

74.   Gulf Oil (Gulf)

75.   Huntsman Advanced Materials, LLC

76.   Neches Butane

77.   Neches Insulation

78.   Olin Corporation (Olin Chemical premises)

79.   Omega Protein, Inc.

80.   Sabine Industries

81.   Texaco, Inc. (Texaco Refinery) (Port Arthur, TX premises)

82.   Thorpe Refinery

83.   Turner Industries, Inc.

84.   Eagle Inc.

85.   Garlock Sealing Technologies, Inc.

86.   Ingersoll Rand Company

87.   The McCarty Corporation (improperly named by Defendant Exxon as The McCarthy

      Corporation)

88.   Reilly Benton Company (improperly named by Defendant Exxon as Riley Benton

      Company)

89.   Taylor-Seidenbach, Inc.

90.   Yarway Corporation

91.   Zurn Industries

92.   Bechtel Corporation

93.   Chevron USA, Inc.

94.   Federal Mogul

95.   James E. Yarborough

                                                                               Page9
96.     Gal-Tex Hotel Corporation

97.     Luke E. Lones [sic] Company, Inc.

98.     Triangle Insulation Company/Julien Angelle/Triangle Construction

99.     Massey Energy Company

100.    Unifrax Construction Company

101.    Texas Hot Shot Co. Inc.

102.    Industrial Construction Co., Inc.

103.    Insulation Specials, Inc.

I 04.   Fluor, Singmaster & Breyer, Inc.

105.    Angelle & Demahy

106.    ABC Insulation Fabrication

107.    Gulf Coast Engine Company

108.    Growth Systems, Inc.

109.    H&F Insulation, Inc.

110.    Rosendahl, Inc.

111.    CR Jackson

112.    Foam Kote, Inc.

113.    EJ Bartels Co.

114.    Charles Arnold Sierk

115.    East Texas Insulation, Inc.

116.    Jacobs Constructors, Inc.

117.    U.S.I.

118.    Big Three (Nederland, TX)

119.    Union Carbide Corp.

120.    Cape Asbestos

121.    Ametek, Inc.

                                                                           Page 10
122.   Champlain Cable Corp.

123.   Cleaver Brooks

124.   Hercules Inc.

125.   Hercules Incorporated f/k/a Hercules Chemical Company

126.   Riley Power Inc. f/k/a Riley Stoker Corporation

127.   "Each and every one of Plaintiff's employers during the time periods when Plaintiff

       claims exposure to asbestos"

128.   "Each and every contractor that caused Plaintiff to be exposed to asbestos containing

       products" and other generic identifications

129.   "Each and every Bankruptcy Trust which has or will compensate Plaintiff as a result of

       his claimed exposure to asbestos" and other generic identifications

130.   "Each and every Bankruptcy Trust with which Plaintiff intends to file a claim as a result

       of his claimed exposure to asbestos" and other generic identifications

131.   "Each and every premise where Mr. Brumley worked" and other generic identifications

132.   Harbison Walker

133.   Halliburton

134.   Forty-Eight Insulations

135.   Rock Wool Delta (a/k/a Rock Wool Manufacturing)

136.   John Doe manufacturer/supplier/distributor (identified m vanous other genenc ways

       above)

137.   ARCO Koppers/Sinclair Koppers

138.   Monsanto (for the Texas City and Chocolate Bayou facilities)

139.   Aalborg Industries

140.   Aanco Holdings, Inc.

141.   A -Best Products Company

142.   Allis Chalmers

                                                                                         Page 11
143.   Amatex

144.   American Shipbuilding

145.   Ancor Holdings, Inc.

146.   Artra Group, Inc.

147.   Asbestec Industries, Inc.

148.   Asbestos Claims Management

149.   Asbestosspray Corp.

150.   Atlas Corp.

151.   Brunswick Fabricators

152.   Bums&Roe

153.   C.E. Thurston

154.   Carey Canada

155.   Cassiar Mines

156.   Chicago Firebrick Co.

157.   Continental Producers

158.   Dana Corporation

159.   Delaware Insulations

160.   F.J. Bartells

161.   Eastco Industrial Safety Corporation

162.   Ehret Magnesia Manufacturing Company (also referenced above in Keene)

163.   Empire Ace Insulation Manufacturing Company

164.   Fedoro American Inc.

165.   Ferro Engineering

166.   Gardner Asphalt

167.   Gatke Corp.

168.   GI Holdings

                                                                               Page 12
169.   Global Industrial Technologies

170.   Harnischfeger Corp.

171.   Hillsborough Holdings

172.   Jim Walters

173.   Keasby Mattison

174.   Lykes Brothers Steamship Company

175.   McLean Industries

176.   Muralo Co. (sii to Synkoloid)

177.   North American Asbestos

178.   NARCO

179.   Oglebay Norton

180.   Pacor

181.   Pan aco

182.   Porter Hayden

183.   Powhatan Mining Company

184.   Proko Industries

185.   Prudential Lines

186.   Quebec Asbestos Corporation

187.   Raytech

188.   Rome Cable Corp.

189.   Rome Wire

190.   Rutland Fire Clay

191.   SGLCarbon

192.   Skinner Engine Company

193.   Smith and Kanzier

194.   Southern Asbestos (Southern Textile)

                                              Page 13
195.    Swan Transportation Co.

196.    T&N

197.    T AF International

198.    TBA Industrial Products

199.    Unarco

200.    United States Mineral Products

201.    UNR

202.    Wallace and Gale Company

203.    Washington Group International

204.    Waterman Steamship

205.    Western MacArthur

206.    Utex Industries

207.    Chemertron

208.    Todd Shipyards

209.    "Tobacco Product Manufacturers"

210.    United States Government and/or Department Agencies

211.    Alabama Power and Light

212.    B&B Engineering

213.    B&B Insulation

.214.   AMF,Inc .

215.    Buckeye Paper Mill (Perry, FL)

216.    Cabot Corporation

217.    Champion Paper Mill

218.    City Services Refinery

219.    Daniel Construction

220.    Davis Construction

                                                              Page 14
221.   Delta Engineering Corp.

222.   Erectors and Constructors, Inc. (and Co.)

223.   Gulfport Shipyard (Port Arthur, TX)

224.   Levingston Shipyard

225.   Magnolia Oil & Butane

226.   P&R Insulation

227.   Shell Corporation

228.   Southwestern Bell

229.   Sun Oil (Sunoco)

230.   Texas Gulf Sulphur

231.   Texas City Oil Refinery

232.   Triple B Corp.

233.   Unocal Corporation

234.   Upham Engineering

235.   "Current & Resolved Parties"

236.   Signal Oil & Gas Company (facility in Houston, Texas)

237.   Enka Corporation (facility in Pensacola, Florida)

238.   The Monsanto Company (facility in Alabama between Decatur and Huntsville)

239.   Humble Oil

240.   Diamond Alkali (facilities in Channelview, Texas and in Deer Park, Texas)

241.   Lenoa Lee Corp.

242.   CBSNiacom/Westinghouse

243.   Foster Wheeler

244.   CSR, Ltd f)'k/a Colonial Sugar

245.   Each and every manufacturer or distributor of asbestos-containing products to which

       Plaintiff was exposed.

                                                                                   Page 15
246.   Alcoa Inc.

247.   Ashland Oil, Inc. (Gulfport shipyard premises)

248.   BP America, Inc. (Atlantic Refinery premises)

249.   BR Products North America, Inc. (Atlantic Refinery and Amoco premises)

250.   Branton Insulations, Inc. nlk/a Seville, Inc.

251.   Celanese, Ltd. (Celanese premises)

252.   Chevron Texaco

253.   Columbian Chemicals Company

254.   ConocoPhillips Company (Phillips refinery premises)

255.   Elf Aquitaine

256.   Fuller Austin Insulation Co.

257.   Gulf States Utilities Company

258.   JM Huber Corporation

259.   Occidental Petroleum Corporation (Diamond Shamrock premises)

260.   Oxy USA, Inc. (Cities Services premises)

261.   Oxy Vinyls, LP (Cities Services premise)

262.   Reynolds Packaging LLC

263.   Shell Oil Refinery

264.   Temple-Inland, Inc.

265.   TOTAL Petrochemicals USA, Inc. (Atlantic refinery)

266.   Ultrarnar Diamond Shamrock Corporation (Diamond Alkali, Huber Carbon Black and

       Big Diamond premises)

267.   Valero Energy Corporation (Diamond Alkali, Huber Carbon Black and Big Diamond

       premises)

268.   Wyeth Holding Corporation (Jefferson Chemical premises)

269.   National Gypsum Company Bodily Injury Trust

                                                                                Page 16
270.   Manville Trust

271.   DII Industries, LLC Asbestos PI Trust (Dresser/Harbison Walker)

272.   JT Thorpe Settlement Trust

273.   KACC (Kaiser) Asbestos PI Trust

274.   Armstrong World Industries Asbestos Personal Injury Trust

275.   Combustion Engineering Trust

276.   Celotex Asbestos Settlement Trust

277.   Any and all other unions of which Plaintiff may have been a member

278.   John Doe: asbestos mud, pip insulation, block insulation, A-cloth/fire blanks, mastics

279.   Each and every premises location where Plaintiff claims exposure to asbestos.



                                       WA>&mg
                                       Respectfully submitted,




                                       SUSANNAH B. CHESTER-SCillNDLER
                                       State Bar No. 24056878
                                       GIBBS C. HENDERSON
                                       State Bar No. 24041084
                                       3219 McKinney Avenue
                                       Dallas, TX 75204
                                       Telephone: 214-357-6244
                                       Facsimile: 214-357-7252

                                        PAUL D. HENDERSON, P.C.
                                        PAUL D. HENDERSON
                                        State Bar No. 09426300
                                        712 West Division Avenue
                                        Orange, TX 77630
                                        Telephone: 409-886-0172
                                        Facsimile: 409-886-3255

                                        ATTORNEYS FOR PLAINTIFFS




                                                                                           Page 17
                                     CERTIFICATE OF SERVICE

       I hereby certify that a bue copy of Plaintiffs Motion to Strike Select Entities Identified in All

Defendants' Designations of Responsible Third Parties has been served on all counsel of record via

LexisNexis on this 20th day of March, 2012.




                                               SUSANN~HINDLER




                                                                                                 Page 18
Record Tab
    6
                                    CAUSE NO. 1010-17509 - ASB

                       BEFORE THE ASBESTOS l'\IDL PRE-TRIAL .J DGE
                                                                                                            Dec 16 2011
                                                                                                             4:32PM
CURTI BR \lL · \' , Individually §                       I • THE Dl. TRICT CO RT OF
~m d :t Per'lonal Rcpre cntutive of the
                                 §
E tate of Jl.M~IY BR 1\lLE\,     §
Deceased                         §
                                 §
                                 §
v.                               §                       HAR.RI      co lJ   T\' I TEXAS
                                 §
AKZO NORF.L                      §
POLYMER CJI£1\tlCALS, LLC, ET AL §                       11 tJa JUDICIAL 0 1 'TRlC1'

                                             Transferred from

(Ca use     o. A18612l ; Curti Brumley, Individually and a Per onal Representative of the
E~ tutc of Jimm\' llrumle\". Decea ed" . Akzo Nobel Polvm er C hemica ls, LLC, ct al; lu the
58 111 Judicia l Oi.·trid Cot~rl of Jefferson County, Texas) ·

            ORDER GRANTING E.J. DUPONT DE NE!\10 tS AND C O!Vl PA ~Y'S
                         MOTION FOR CO TI~ ANC'E

          'lh~   Court Grants E.L DuPont de       emours Motion for Continuance        Tbe trial date is

r~set   to April 16.   ~012   and the pre-trial \\ill be April 10. 2012. Thi:! <.:ontinuw1ce is without

preJudice to Defenclant:s filing another motion for    continuunc~   in the C\ent that PlaintiO~ s e~pert

Lnuderdale issues another supplemental opinion.

           IGi'JEDthis    llt~da~of~~                  ,1011.




HOULITTGATIO : 1084397.1
Record Tab
    7
                                AFFIDAVIT OF MICHAEL L. BREM

STATEOFTEXAS                      §
                                  §
COUNTY OF HARRIS                  §

       Before me, the undersigned notary, on this day personally appeared Michael L.

Brem, a person whose identity is known to me. After I administered an oath to him, upon

his oath he said:

       1.       "My name is Michael L. Brem. I am counsel of record for Relator Morton

International, Inc. in this case. I am over 21 years of age and I am competent to make

this affidavit. The facts stated herein are true and correct.

       2.       This Record Supporting Petition for Writ of Mandamus is being filed in

conjunction with a Petition for Writ of Mandamus and Appendix.             The pleadings,

motions, exhibits, and other documents contained in this Record and in the Appendix are

true and correct copies of the documents filed with the trial court, or either served on or

received by my firm from opposing counsel or from the Fourteen

       "Further affiant sayeth not."


                                            Michael L. Brem


       Subscribed and sworn to before me this 22nd day ofMarch, 2012.
                                                                (l   /

                                                                o/
            DANA K. HODGES                   otary Public in and· the State of Texas
        MY COMMISSION EXPIRES
              May9, 2014                    My commission expires:    5 - CJ r   )   Y
Record Tab
    8
            STATEMENT CONCERNING LACK OF TESTIMONY

     No testimony was adduced in connection with the matter complained of in this

mandamus proceeding.

                                    /s/ Michael L. Brem
                                    Michael L. Brem

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:8
posted:9/14/2012
language:Unknown
pages:98