On October 02, 2023 aTrial Materialswas filedinvolving a dispute betweenThomas J Johannessen,andAerco International, Inc.,,Amchem Products, Inc., N K A Rhone Poulenc Ag Company, N K A Bayer Cropscience Inc.,,Bmce Inc., F K A United Centrifugal Pump,Carlisle Industrial Brake & Friction, Inc.,,Carlisle Industrial Brake&Friction, Inc.,,Caterpillar, Inc.,,Cnh America, As Successor In Interest To Case Equipmentcorporation, Case Corporation And J.I. Case,,Cummins, Inc.,,Daimler Trucks North America Llc, F K A Freightliner Corporation,,Dco Llc F K A Dana Companies, Llc,,Deere & Co.,,Deere&Co.,,Eaton Corporation, As Successor -In-Interest To Cutler-Hammer, Inc.,,Federal- Mogul Asbestos Personal Injury Trust As A Successor To Felt Products Mfg. Co.,,Flowserve Us, Inc. Individually And Successor To Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, And Vogt Valve Company,,Ford Motor Company,General Electric Company,,Great Dane Trailers, Inc.,,Honeywell International, Inc., F K A Allied Signal, Inc. Bendix,,Kelsey Hayes Company D B A Trw,,Kenworth Truck Company,,Lipe-Automation Corporation,,Mack Trucks, Inc.,,Mccord Corporation,,Morse Tec Llc, F K A Borg Warner Morse Tec Llc And Successor-By-Merger To Borg-Warner Corporation,,Navistar, Inc., A K A International Truck & Engine Corp. F K A International Harvester, Inc.,,New Holland,,Paccar, Inc., Individually And Through Its Division, Peterbilt Motors Co.,,Perkins Engines, Inc.,,Pfizer, Inc.,Pneumo Abex Llc, Successor In Interest To Abex Corporation,Standard Motor Products, Inc.,,Tenneco Automotive Operating Company Inc.,,The Heil Co. D B A Heil Trailer International,,Union Carbide Corporation,,U.S. Rubber Company,for Torts - Asbestosin the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------------------X THOMAS J. JOHANNESSEN, Index No. 68124/2023 Plaintiff, -against- AERCO INTERNATIONAL, INC., et al., Defendants. -------------------------------------------------------X DEFENDANT PNEUMO ABEX LLC’S EXHIBIT LIST Defendant, Pneumo Abex LLC, successor in interest to Abex Corporation (hereinafter “Abex”), may offer into evidence any of the exhibits listed herein. Some of the documents on this list may have come from some of the same sources as some of the documents on the Plaintiff’s list. Nevertheless, Abex objects to all of Plaintiff’s proposed exhibits. Abex objects to Plaintiff’s exhibits on a variety of grounds, including that the documents have not and cannot be authenticated. The inclusion of such documents is not an acknowledgment that any particular document is authentic or admissible. Rather, in the event that any of the Plaintiff’s proposed exhibits are received into evidence at trial, some or all of the exhibits identified below will be offered by Abex. Abex, in order to avoid duplication, incorporates herein by reference any and all exhibits listed by any other party in this action (subject to objections as to their admissibility). Abex reserves the right to supplement this exhibit list. 269B ABEX Date Description EXHIBIT NO. ABEX 1 Claim forms: exhibits regarding claims against other defendants/other entities and/or other asbestos exposure, and/or bankrupt entities proof of claim forms. ABEX 2 Plaintiff’s (or Plaintiff’s decedent’s) Social Security printout of earnings. 1 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 3 Plaintiff’s (or Plaintiff’s decedent’s) personnel records and employment records, and/or business records, and/or work history chart. ABEX 4 Records pertaining to Plaintiff’s (or Plaintiff’s decedent’s) unemployment compensation. ABEX 5 Plaintiff’s (or Plaintiff’s decedent’s) worker’s compensation records. ABEX 6 Records pertaining to any application and claim filed by Plaintiff (or Plaintiff’s decedent) for any disability compensation. ABEX 7 Income tax records of the Plaintiff (or Plaintiff’s decedent). ABEX 8 Photographs, blueprints or diagrams of various work sites designated in the Plaintiff (or the Plaintiff’s decedent) work history. ABEX 9 All military records of Plaintiff (or Plaintiff’s decedent.) ABEX 10 Any and all radiographs (x-rays, C-T scans or otherwise) taken of the Plaintiff (or Plaintiff’s decedent). ABEX 11 Any and all pathology materials regarding the Plaintiff (or Plaintiff’s decedent). ABEX 12 All medical records of Plaintiff (or Plaintiff’s decedent), including all hospitalizations, outpatient records, x-ray reports, pathology reports, laboratory analysis, treating physicians’ reports, and any other written documentation of treating health care providers to include reports of tests, procedures and examinations and all references cited therein, including without limitation chart of smoking history. ABEX 13 Marriage dissolution and/or Death Certificate’s (if applicable). ABEX 14 Expert reports of all expert witnesses listed on behalf of Defendant or Defendants and all references cited therein. ABEX 15 Curriculum Vitae of all experts listed on behalf of Defendant or Defendants and all references cited therein. ABEX 16 Curriculum Vitae of all experts listed on behalf of Defendant or Defendants. ABEX 17 All documents obtained from third parties pursuant to subpoena in this case. ABEX 18 Deposition transcripts for this case or from other cases of lay or expert witness. ABEX 19 Any and all discovery in the particular case, including but not limited to exposure sheets, interrogatory answers and responses to requests for admissions. ABEX 20 Any documents listed by any other party to this litigation ABEX 21 ILO standard radiographs. ABEX 22 Models, charts, diagrams and demonstrative material relied upon by any expert or otherwise showing welding materials and products. ABEX 23 Plaintiff’s Petition/Complaint/Pleadings and amendments thereto 2 2 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 24 Literature, product brochures, diagrams/charts and photographs for products in issue and which may be relevant to the issues herein. ABEX 25 - State Government Occupational Health Codes (as applicable) ABEX 175 - Armstrong World Industries TDP and Bankruptcy Claim Documents ABEX 176 - Owens-Corning Fiberglass TDP and Bankruptcy Claim Documents ABEX 177 - GAF TDP and Bankruptcy Claim Documents ABEX 178 - Pittsburgh Corning TDP and Bankruptcy Claim Documents ABEX 179 - JM TDP and Bankruptcy Claim Documents ABEX 180 - Combustion Engineering TDP and Bankruptcy Claim Documents ABEX 181 - Harbison Walker TDP and Bankruptcy Claim Documents ABEX 182 - AP Green TDP and Bankruptcy Claim Documents ABEX 183 - Dresser Industries/Halliburton TDP and Bankruptcy Claim Documents ABEX 184 - Quigley/Pfizer TDP and Bankruptcy Claim Documents ABEX 185 - HK Porter TDP and Bankruptcy Claim Documents ABEX 186 - Celotex TDP and Bankruptcy Claim Documents ABEX 187 - UNR TDP and Bankruptcy Claim Documents ABEX 188 - 48 Insulation TDP and Bankruptcy Claim Documents ABEX 189 - Babco*ck & Wilcox TDP and Bankruptcy Claim Documents ABEX 190 - Eagle Picher TDP and Bankruptcy Claim Documents ABEX 191 - Kaiser Aluminum TDP and Bankruptcy Claim Documents ABEX 192 - National Gypsum TDP and Bankruptcy Claim Documents ABEX 193 - WR Grace TDP and Bankruptcy Claim Documents ABEX 194 - Raybestos/Raytec TDP and Bankruptcy Claim Documents ABEX 200 Chrysotile Photo ABEX 201 Crocidoilite Photo ABEX 202 Amosite Photo ABEX 203 Anthophylite Photo ABEX 204 Disc Brake and Drum Brake Photographs ABEX 205 Undated Photos of asbestos textile factories ABEX 206 Undated Photos of asbestos textile factories ABEX 207 Undated Photos of asbestos textile factories ABEX 208 Undated Photos of asbestos textile factories ABEX 209 Undated Photos of asbestos textile factories ABEX 210 Undated Photos of asbestos textile factories ABEX 211 Air sampling equipment. ABEX 212 Sample Brake Shoes and Linings ABEX 213 ILO standard radiographs. ABEX 214 Models, charts, diagrams and demonstrative materials relied upon by any expert. 3 3 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 215 Abex literature, product brochures and photographs for Abex products in issue and which may be relevant to the issues herein. ABEX 216 Drum Brake Shoe Illustration ABEX 217 Drum Brake Star Wheel Illustration ABEX 251 July 1941 - Dec. 1942 Annual Medical Department Report ABEX 252 Dec. 1942 - Dec. 1943 Annual Medical Department Report ABEX 253 Dec. 1943 - Dec. 1944 Annual Medical Department Report ABEX 254 Dec. 1944 - Dec. 1945 Annual Medical Department Report ABEX 255 Dec. 1945 - Dec. 1946 Annual Medical Department Report ABEX 256 Dec. 1946 - Dec. 1947 Annual Medical Department Report ABEX 257 Dec. 1947 - Dec. 1948 Annual Medical Department Report ABEX 258 Jan. 1, 1949 - Jan. 1, Annual Medical Department Report 1950 ABEX 259 Jan. 1, 1950 - Jan. 1, Annual Medical Department Report 1951 ABEX 260 Jan. 1, 1951 - Jan. 1, Annual Medical Department Report 1952 ABEX 261 Jan. 1, 1952 - Jan. 1, Annual Medical Department Report 1953 ABEX 262 Jan. 1, 1953 - Jan. 1, Annual Medical Department Report 1954 ABEX 263 Jan. 1, 1954 - Jan. 1, Annual Medical Department Report 1955 ABEX 264 Jan. 1, 1955 - Jan. 1, Annual Medical Department Report 1956 ABEX 265 Jan. 1, 1956 - Jan. 1, Annual Medical Department Report 1957 ABEX 266 Jan. 1, 1957 - Jan. 1, Annual Medical Department Report 1958 ABEX 267 Jan. 1, 1958 - Jan. 1, Annual Medical Department Report 1959 ABEX 268 Jan. 1, 1959 - Jan. 1, Annual Medical Department Report 1960 ABEX 269 Jan. 1, 1960 - Jan. 1, Annual Medical Department Report 1961 ABEX 270 Jan. 1, 1961 - Jan. 1, Annual Medical Department Report 1962 ABEX 271 Jan. 1, 1962 - Jan. 1, Annual Medical Department Report 1963 ABEX 272 Jan. 1, 1963 - Jan. 1, Annual Medical Department Report 1964 ABEX 273 Jan. 1, 1964 - Jan. 1, Annual Medical Department Report 1965 ABEX 274 Jan. 1, 1965 - Jan. 1, Annual Medical Department Report 1966 ABEX 275 Jan. 1, 1966 - Jan. 1, Annual Medical Department Report 1967 ABEX 276 Jan. 1, 1967 - Jan. 1, Annual Medical Department Report 1968 4 4 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 277 Jan. 1, 1968 - Jan. 1, Annual Medical Department Report 1969 ABEX 278 Jan. 1, 1969 - Jan. 1, Annual Medical Department Report 1970 ABEX 279 Jan. 1, 1970 - Jan. 1, Annual Medical Department Report 1971 ABEX 280 Jan. 1, 1971 - Jan. 1, Annual Medical Department Report 1972 ABEX 281 Jan. 1, 1972 - Jan. 1, Annual Medical Department Report 1973 ABEX 282 Jan. 1, 1973 - Jan. 1, Annual Medical Department Report 1974 ABEX 283 Jan. 1, 1974 - Jan. 1, Annual Medical Department Report 1975 ABEX 284 Jan. 1, 1975 - Jan. 1, Annual Medical Department Report 1976 ABEX 285 Jan. 1, 1976 - Jan. 1, Annual Medical Department Report 1977 ABEX 286 Jan. 1, 1977 - Jan. 1, Annual Medical Department Report 1978 ABEX 287 Jan. 1, 1978 - Jan. 1, Annual Medical Department Report 1979 ABEX 288 Jan. 1, 1979 - Jan. 1, Annual Medical Department Report 1980 ABEX 289 Jan. 1, 1980 - Jan. 1, Annual Medical Department Report 1981 ABEX 290 Jan. 1, 1981 - Jan. 1, Annual Medical Department Report 1982 ABEX 291 1982 Annual Medical Department Report ABEX 292 1983 Annual Medical Department Report ABEX 293 1984 Annual Medical Department Report ABEX 294 1985 Annual Medical Department Report ABEX 295 no date Summary/Compilation of Abex Annual Medical Report Information ABEX 301 Aug. 7, 1959 Industrial Hygiene Study, Winchester (Liberty Mutual) ABEX 302 Oct. 27, 1959 Letter - Safety Director to Rennie ABEX 303 Nov. 3, 1959 Letter - James Holtaway to Baker ABEX 304 Sept. 14, 1959 Letter - Holtaway to Baker ABEX 305 Oct. 21, 1960 Industrial Hygiene Survey, Winchester (Liberty Mutual) ABEX 306 Jan. 15, 1963 Industrial Hygiene Survey, (Liberty Mutual) ABEX 307 Mar. 11, 1963 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 308 May 9, 1963 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 309 July 15, 1963 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 310 Aug. 7, 1963 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 311 Sept. 25, 1963 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 312 Dec. 5, 1963 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 313 Apr. 15, 1964 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 314 June 23, 1964 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 315 June 29, 1964 Letter - Safety Director to Gaskins, at Liberty Mutual 5 5 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 316 July 10, 1964 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 317 June 8, 9 and 10, 1964 Industrial Hygiene Survey / Winchester ABEX 318 Aug. 11, 1964 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 319 Nov. 19, 1964 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 320 Feb. 18, 1965 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 321 Oct. 8, 1965 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 322 Dec. 14, 1965 Letter - Gaskins to Mallory (from Liberty Mutual) ABEX 323 Dec. 21, 1965 Letter - Safety Director to Gaskins, at Liberty Mutual ABEX 324 Mar. 14, 1966 Letter - Jeremiah Lynch, of US Public Health Service to Dr. Blackwell, at Abex (encloses Jan. 26, 1966 ltr to Lynch to Mallory together with the analysis of air samples taken by USPHS ABEX 325 June 28, 1966 Letter - James Holtaway to King ABEX 326 Oct. 21, 1966 Letter - Safety Director to Dr. Blackwell ABEX 327 Nov. 16, 1966 Industrial Hygiene Survey, Winchester (Prepared by Charles Cole., Jr. of Liberty Mutual) ABEX 328 Dec. 19, 1966 Letter - Personnel Manager to Rennie ABEX 329 Feb. 8, 1967 Letter - Gaskins to Mallory (from Liberty Mutual); and also Ltr. dated Feb. 17, 1967 from Martin to Mallory ABEX 330 Mar. 3, 1967 Letter - Borcherding to Taylor ABEX 331 Mar. 15, 1967 Letter - Personnel Manager to L.B. Hartin ABEX 332 Mar. 13, 1967 Letter - Bredstreet to Borcherding ABEX 333 Mar. 20, 1967 Letter - L. Hartin to Baker ABEX 334 Mar. 22, 1967 Letter - Personnel Manager to L. Hartin ABEX 335 Mar. 28, 1967 Letter - King to Hartin ABEX 336 Jan. 4, 1968 Letter - Smith to Baker (from Liberty Mutual) ABEX 337 Jan. 30, 1968 Letter - Personnel and Safety Director to Borcherding ABEX 338 Jan. 23, 24, 1968 Industrial Hygiene Survey, Winchester (conducted by Liberty Mutual) ABEX 339 Mar. 27, 1968 Letter - Riley to Rennie ABEX 340 April 11, 1968 Letter - Borcherding to Mallory ABEX 341 April 14, 1968 Letter - Rennie to Borcherding ABEX 342 April 18, 1968 Letter - Brown to Huckebra ABEX 343 June 13, 1968 Letter - Borcherding to Taylor ABEX 344 June 18, 1968 Letter - Borcherding to Mallory ABEX 345 Aug. 26, 1968 Letter - Borcherding to Mallory ABEX 346 Nov. 19, 1968 Letter - Howard Ayer (US Public Health Service) to Mallory ABEX 347 Dec. 20, 1968 Letter - Thurston, USPublic Health Service, to Mallory (enclosing air sample results of Dec. 19, 1968, at Winchester) ABEX 348 July 21, 1969 Letter - Borcherding to Mallory ABEX 349 Aug. 19 - 21, 1969 Industrial Hygiene Survey. (In-House) ABEX 350 Sept. 22, 1969 Report by E.R. Brewer, Foreman. Warning to employee, Teddie Hepner, against using air hose to blow off clothes. ABEX 351 Sept. 30, 1969 Ltrs., Dahmke to Borcherding ABEX 352 Oct. 2, 1969 Letter - Brown to Borcherding 6 6 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 353 Sept. 1969 Industrial Hygiene Survey, done by State of Virginia, Consumer Production and Environmental Health Service, Environmental Control Administration - the results being sent to Virginia State Department of Health ABEX 354 Oct. 20, 1969 Letter - Gotceitas to Mallory ABEX 355 Oct. 20, 1969 Letter - Borcherding to Mallory ABEX 356 Oct. 23, 1969 Letter - Mallory to Borcherding ABEX 357 Mar. 13, 1970 Letter - Smith to Brown (from Liberty Mutual) ABEX 358 April 23, 1970 Letter - Brown to Liberty Mutual ABEX 359 Mar. 11, 1971 Letter - Brockett to Mallory (from Travelers) ABEX 360 June 6, 1971 Letter - Stanley to Mallory ABEX 361 Jan. 10, 1972 Letter - Weidner to Mallory (USPH study results) ABEX 362 Mar. 14, 1972 Letter - Weidner to Mallory (USPH) ABEX 362A 01/21/72 Letter - Borcherding to Weidner ABEX 363 Feb. 7 - 11, 1972 Industrial Hygiene Survey, by USPH ABEX 364 June 12 - 16, 1972 Industrial Hygiene Survey ABEX 365 Aug. 14 - 18, 1972 Industrial Hygiene Survey ABEX 366 Oct. 2 - 6, 1972 Industrial Hygiene Survey ABEX 367 Jan. 31 - Feb. 2, 1973 Industrial Hygiene Survey ABEX 368 Sept. 10 - 14, 1973 Industrial Hygiene Survey ABEX 369 June 17 - 19, 1974 Industrial Hygiene Survey ABEX 370 Aug. 20, 1974 Letter - Gidley to Feierabend ABEX 371 Sept. 30 - Oct. 4, 1974 Industrial Hygiene Survey ABEX 372 Dec. 16 - 20, 1974 Industrial Hygiene Survey ABEX 373 Oct. 24 - Nov. 2, 1977 Industrial Hygiene Survey ABEX 374 June 12 - 15, 1978 Industrial Hygiene Survey ABEX 375 Jan. 9 - 18, 1979 Industrial Hygiene Survey ABEX 376 Aug. 14 - 17, 1979 Industrial Hygiene Survey ABEX 377 May 13 - 16, 1980 Industrial Hygiene Survey ABEX 378 Aug. 18 - 21, 1980 Industrial Hygiene Survey ABEX 379 Dec. 8 - 11, 1980 Industrial Hygiene Survey ABEX 380 Mar. 24 - 25, 1981 Industrial Hygiene Survey ABEX 381 May 19, 1981 Memo - Potts to Miller ABEX 382 July 28 - 31, 1981 Industrial Hygiene Survey ABEX 383 Aug. 24 - 27, 1982 Industrial Hygiene Survey ABEX 384 Sept. 27 - 30, 1983 Industrial Hygiene Survey ABEX 385 July 17 - 20, 1984 Industrial Hygiene Survey ABEX 386 Oct. 15 - 18, 1985 Industrial Hygiene Survey (NATLSCO) ABEX 387 Aug. 25 - 29, 1986 Industrial Hygiene Survey (NATLSCO) ABEX 388 no date Summary/Compilation of Winchester & Salisbury IH Data ABEX 390 October 22-24, 1975 IH Survey - Friction Products Group, Salisbury, NC ABEX 391 May 3-5, 1976 IH Survey - Friction Products Group, Salisbury, NC ABEX 392 April 12-15, 1977 IH Survey - Friction Products Group, Salisbury, NC ABEX 393 December 6-8, 1977 IH Survey - Friction Products Group, Salisbury, NC ABEX 394 July 18-21, 1978 IH Survey - Friction Products Group, Salisbury, NC 7 7 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 395 February 6, 27-28 & IH Survey - Friction Products Division, Salisbury, NC March 1, 1979 ABEX 396 August 27-30, 1979 IH Survey - Friction Products Division, Salisbury, NC ABEX 397 February 11-14, 1980 IH Survey - Friction Products Division, Salisbury, NC ABEX 398 July 28-30, 1980 IH Survey - Friction Products Division, Salisbury, NC ABEX 399 February 24-26, 1981 IH Survey - Friction Products Division, Salisbury, NC ABEX 400 December 7-8, 1981 IH Survey - Friction Products Division, Salisbury, NC ABEX 401 September 14-16, 1982 IH Survey - Friction Products Division, Salisbury, NC ABEX 402 August 9-12, 1983 IH Survey - Friction Products Division, Salisbury, NC ABEX 403 October 2-4, 1984 IH Survey - Friction Products Division, Salisbury, NC ABEX 404 November 12-14, 1985 IH Survey - Friction Products Division, Salisbury, NC ABEX 405 September 23-25, 1986 IH Survey - Friction Products Division, Salisbury, NC ABEX 406 April 16, 1987 IH Survey - Friction Products Division, Salisbury, NC ABEX 407 July 15-16, 1987 IH Survey - Friction Products Division, Salisbury, NC ABEX 408 no date Summary/Compilation of Winchester & Salisbury IH Data ABEX 500 01/15/63 Draft - Environmental and Medical In-Plant Occupational Health Study of the Asbestos Products Industry - Division of Occupational Health - Public Health Service - Dept. of Health, Education, and Welfare ABEX 501 5/28/64 - 5/31/64 Cralley, Ayer, Enterline, Henschel & Lainart - "Occupation Health Study of the Asbestos Products Industry" - Presented at an International Congress on Asbestosis in Caen, France ABEX 502 05/25/65 Letter Blackwell to Lainhart re USPHS Study re Possibility of Participating in Asbestos Study ABEX 503 05/25/65 Letter Blackwell to Rennie re Possible Participating in USPHS Asbestos Study ABEX 504 06/07/65 Letter Rennie to Parker re Participations in USPHS Asbestos Study ABEX 505 06/07/65 Letter Evans to Mallory re June 23rd meeting at Winchester re USPHS Asbestos Study ABEX 506 06/16/65 Letter Parker to Rennie re USPHS Asbestos Study and Recommendation to Go Forward ABEX 507 06/30/65 Letter Evans to Rennie re Report on Preliminary Meeting with the UPSHS on 6/23 in Winchester ABEX 508 06/30/65 Letter Evans to Cralley re Abex agreeing to participate in the USPS Asbestos Study as outlined at 6/23 Meeting in Winchester ABEX 509 07/06/65 Letter Cralley to Evans re Date to Start Survey and Request for Additional Meeting on Sept. 13 ABEX 510 07/08/65 Letter Holtaway to Evans re UPSHS Study and Invitation for Abex IH Dept Personnel to be Present ABEX 511 07/20/65 Letter Evans to Mallory re June 23rd meeting at Winchester re USPHS Asbestos Study ABEX 512 08/03/65 Letter Personnel Manager to Carlton Ramey (Local #148 UAW) re USPHS Survey Meeting on 9/2 ABEX 513 09/14/65 Letter Baker to Evans re list of USPHS individuals who will attend the Sept. 13 Meeting in Winchester 8 8 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 514 09/15/65 Letter Evans to Rennie re Further Winchester Meeting on 9/2 with Union, USPHS, and VA Dept of Health ABEX 515 10/14/65 Letter Baker to Lynch ABEX 516 10/15/65 Letter C. Blackwell to D. Rennie ABEX 517 11/05/65 Letter Baker to Cralley re USPHS Study Questionnaires ABEX 518 11/15/65 Letter Cralley to Baker re Receipt of 208 Completed Questionnaires ABEX 519 12/07/65 Letter Baker to Cralley re Forwarding Last Group of Questionnaires ABEX 519A no date USPHS Questionnaire for William H. Baker at Winchester Plant ABEX 520 03/14/66 Letter Lynch to Blackwell (encloses Jan. 26, 1966 ltr to Lynch to Mallory together with the analysis of air samples taken by USPHS) ABEX 521 05/25/66 Letter Blackwell to Parker re JAMA Article and Call from USPHS to use Dynamometer at Mahwah Plant ABEX 522 05/26/66 Letter Lynch to Blackwell re Dynamometer Test Results from Mahwah ABEX 523 05/27/66 Letter Blackwell to Rennie re UPSHS Dynamometer Testing at Mahwah ABEX 524 07/12/67 Letter Blackwell to Taylor re News Articles and Participation in USPHS Study ABEX 525 11/14/68 Letter Rennie to Blackwell re USPHS Visit to Winchester Week of December 9th ABEX 526 11/19/68 Letter Ayer to Mallory re Request for New Air Study Similar to 1965 Study ABEX 527 11/19/68 Letter Blackwell to Rennie re Additional USPHS Work at Winchester ABEX 528 11/22/68 Letter Mallory to Ayer re Week of December 9 is Agreeable for Further Study ABEX 529 12/20/68 Letter Thurston to Mallory (enclosing preliminary air sample results of Dec. 19, 1968 at Winchester) ABEX 530 09/08/69 Letter from Schmid to Mallory (enclosing final air sample results from Dec. 1968 at Winchester) ABEX 531 May-71 Results of USPHS Survey at the Winchester Plant ABEX 532 01/10/72 Letter - Weidner to Mallory (USPH study results) ABEX 533 01/21/72 Letter Borcherding to Weidner re NIOSH Request for Special IH Survey at Winchester ABEX 534 02/04/72 Letter Borcherding to Feierabend re Measurement of Airborne Asbestos Fibres ABEX 535 2/7-11/72 NIOSH Special Asbestos Dust & Preliminary Industrial Hygiene Survey at the Winchester Plant from Feb. 7-11, 1972 ABEX 536 03/14/72 Letter Weidner to Mallory enclosing copy of Feb. 7-11 NIOSH Survey at Winchester ABEX 537 1965 - Sept Asbestos Study - Procedures and Findings by Jeremiah R. Lynch - US Dept. of Health, Education, and Welfare - Public Health Service - Division of Occupational Health 9 9 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 538 September 7, 1965 Baker Notice to Abex Winchester Employees re USPHS in Winchester Plant for IH Survey ABEX 539 01/17/64 Implementing Plan of Occupational Health Study of Asbestos Products Industry ABEX 540 December 1966 Cralley - Study of the Asbestos Products Manufacturing Industry ABEX 541 1968 Lynch, J. R. (1968). Brake Lining Decomposition Products. Journal of the Air Pollution Control Association, 18 (12), 824–826. ABEX 542 08/21/62 Objectives and General Plan for Occupational Health Study of the Asbestos Products Industry ABEX 543 1967 - Sept Research of Health Effects of Asbestos - US Dept of Health, Education, and Welfare ABEX 544 1967 Motes and Fibers in the Air of Asbestos Processing Plants and Hygienic Criteria for Airborne Asbestos - Howard E. Ayer and Jeremiah Lynch - p. 511-522 ABEX 545 06/10/68 Draft - Summary of Seminar on Respiratory Protection for Asbestos Workers ABEX 546 1968 Cralley, L. J., Cooper, W. C., Lainhart, W. S., & Brown, M. C. (1968). Research on health effects of asbestos. Journal of Occupational Medicine: Official Publication of the Industrial Medical Association, 10(1), 38–41. ABEX 547 10/14/1970 Cralley - Presentation at IHF Annual Meeting - Progress Report ABEX 548 1971 Cralley, L. J. (1971). Identification and control of asbestos exposures. American Industrial Hygiene Association Journal, 32(2), 82–85. https://doi.org/10.1080/0002889718506414 Abex lists Exhibits 600-785 conditionally as to issues related to "Saranac" and by listing these exhibits Abex does NOT waive any objections related to these documents. ABEX 600 Jan. 26, 1937 Letter Gatke to Raybestos-Manhattan ABEX 600A Nov. 7, 1936 Letter Simpson to Lanza ABEX 601 Nov. 10, 1936 President to Lamont ABEX 602 Nov. 20, 1936 Memorandum of Agreement, (Saranac Lab) ABEX 603 Nov. 20, 1936 Brown to Gardner Letter ABEX 604 Nov. 23, 1936 Letter. Gardner to Brown ABEX 605 Feb. 1, 1937 Letter, Abex to Sumner Simpston, agree to sign ABEX 606 Feb. 27, 1937 Brown to Simpson Letter ABEX 607 May 5, 1937 First Progress Report ABEX 608 April 18, 1938 Second Progress Report ABEX 609 April 28, 1938 Letter, Brown to Simpson ABEX 610 April 29, 1938 Letter, Lanza to Brown ABEX 611 Dec. 9, 1938 Progress Report ABEX 612 May 3, 1939 Letter, Brown to Simpson ABEX 613 May 4, 1939 Letter, Simpson to Brown ABEX 614 May 5, 1939 Letter, President to Gardner ABEX 615 May 10, 1939 Letter, Dalton to Simpson ABEX 616 Nov. 20, 1939 Letter, Brown to Gardner ABEX 617 Nov. 25, 1939 Letter, Gardner to Brown ABEX 618 Dec. 14, 1939 Interim Report 10 10 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 619 Dec. 18, 1939 Letter, Brown to Gardner ABEX 620 Dec. 26, 1939 Letter, Brown to Simpson ABEX 621 Dec. 28, 1939 Letter, Pres (Simpson) to Brown ABEX 622 Jan. 11, 1940 Letter, Lanza to Brown ABEX 623 Jan. 12, 1940 Letter, Brown to Simpson ABEX 624 Jan. 15, 1940 Letter, Brown to Simpson ABEX 625 Jan. 16, 1940 Letter, Pres. to Brown ABEX 626 Jan. 17, 1940 Letter, Brown to Gardner ABEX 627 Jan. 19, 1940 Letter, Gardner to Simpson ABEX 628 May 10, 1940 Letter, Brown to Simpson ABEX 629 April, 1940 Abstract, Air Hygiene Foundation ABEX 630 June 3, 1940 Letter, Simpson to Gardner ABEX 631 Dec. 12, 1940 Letter, Brown to Simpson ABEX 632 Nov. 30, 1940 Progress Report/Saranac ABEX 633 Jan. 3, 1941 Letter, Brown to Simpson ABEX 634 Jan. 14, 1941 Letter, Rohrbach to Brown ABEX 635 Nov. 7, 1941 Letter, Brown to Gardner ABEX 636 June 10, 1942 Letter, Brown to Simpson ABEX 637 Oct. 9, 1942 Letter, Gardner to Simpson ABEX 638 Feb. 24, 1943 Letter, Gardner to Brown ABEX 638 Feb. 24, 1943 Letter, Gardner to Brown redacted ABEX 639 Feb. 24, 1943 Attached to letter from Garnder to Brown: "Outline of Proposed Monograph on Asbestosis." ABEX 639 Feb. 24, 1943 Attached to letter from Garnder to Brown: "Outline of Proposed redacted Monograph on Asbestosis." ABEX 639.1 Re-typed Facsimile of excerpts of "Outline of Proposed Monograph on Asbestosis ABEX 639.1 Re-typed Facsimile of excerpts of "Outline of Proposed redacted Monograph on Asbestosis ABEX 640 No Date Gardner's hand note on Adenomas in 9/11 Mice ABEX 640.1 774 Experiment File - Chrysotile - Rats, Cats, Mice ABEX 640.2 770 Experiment File - Long Fiber Chrysotile and Guinea Pigs ABEX 640.1A Re-typed Facsimile of Selected Portions of 774 Experiment File ABEX 641 Mar. 15, 1943 Letter, Gardner to Hektoen ABEX 641.1 Mar. 15, 1943 Handwritten draft of letter, Gardner to Hektoen (Abex 641) ABEX 642 Mar. 20, 1943 Letter, Hektoen to Gardner ABEX 643 Mar. 22, 1943 Letter, Spencer to Gardner ABEX 644 June 3, 1943 Grant Application, by Gardner to NCI ABEX 645 June 17, 1943 Letter, Spencer to Gardner ABEX 646 June 25, 1943 Letter, Spencer to Gardner ABEX 647 Aug. 13, 1943 Letter, Spencer to Gardner ABEX 648 Sept. 2, 1943 Letter, Gardner to Spencer ABEX 649 Sept. 13, 1943 Letter, Spencer to Gardner ABEX 650 Sept. 27, 1943 Letter, Hektoen to Gardner 11 11 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 651 Sept. 29, 1943 Letter, Gardner to Hektoen ABEX 652 Jan. 8, 1944 Proceedings of 24th Meeting of National Advisory Cancer Council, National Cancer Institute ABEX 653 Jan. 10, 1944 Letter, Hektoen to Gardner ABEX 654 Jan. 6, 1944 Letter, Gardner to Brown ABEX 655 Jan. 10, 1944 Letter, Brown to Blume (Abex) ABEX 656 Feb. 28, 1944 Letter, Gardner to Sabourin ABEX 657 July 15, 1944 Letter, Gardner to Brown ABEX 658 July 20, 1944 Letter, Brown to Muehleck (cc: Blume) ABEX 659 July 24, 1944 Letter, Blume (Abex) to Brown ABEX 660 Nov. 27, 1944 Letter, Muehleck to Brown ABEX 661 Nov. 29, 1944 Letter, Brown to Gardner ABEX 662 Dec. 15, 1944 Letter, Brown to Muehleck ABEX 663 Dec. 19, 1944 Letter, Muehleck to Brown ABEX 664 May 28, 1945 Letter, Muehleck to Brown ABEX 665 May 29, 1945 Letter, Brown to Muehleck ABEX 666 June 5, 1945 Letter, Brown to Muehleck ABEX 667 June 6, 1945 Letter, Muehleck to Brown ABEX 668 Dec. 11, 1945 Letter, Gardner to Simpson ABEX 669 Mar. 20, 1946 Letter, Brown to Muehleck ABEX 670 April 8, 1946 Letter, Gardner to Woodward ABEX 671 May 9, 1946 Letter, Brown to Gatke ABEX 672 July 23, 1946 Letter, Muehleck to Gardner ABEX 673 July 26, 1946 Letter, Gardner to Muehleck ABEX 674 July 30, 1946 Letter, Rohrbach to Brown ABEX 675 July 31, 1946 Letter, Brown to Rohrbach ABEX 676 Aug. 9, 1946 Letter, Rohrbach to Brown ABEX 677 Aug. 9, 1946 Letter, Rohrbach to Gatke ABEX 678 Aug. 12, 1946 Letter, Brown to Gardner ABEX 679 Aug. 15, 1946 Letter, Gardner to Brown ABEX 680 Aug. 23, 1946 Letter, Rohrbach to Brown ABEX 681 Oct. 24, 1946 Letter, Bowditch to Brown ABEX 682 Oct. 24, 1946 Unfinished Report, Dr. Gardner ABEX 683 Oct. 29, 1946 Letter, Brown to Bowditch ABEX 684 Nov. 4, 1946 Letter, Bowditch to Brown ABEX 685 Nov. 4, 1946 Letter, Muehleck to Brown ABEX 686 Nov. 7, 1946 Tribute to Leroy U. Gardner, MD ABEX 687 Nov. 12, 1946 Letter, Brown to Bowditch ABEX 688 Nov. 14, 1946 Letter, Muehleck to Brown ABEX 689 Nov. 14, 1946 Letter, Bowditch to Brown ABEX 690 Nov. 19, 1946 Letter, Simpson to Bowditch ABEX 691 Nov. 27, 1946 Letter, Bowditch to Simpson ABEX 692 Nov. 27, 1946 Letter, Bowditch to Brown ABEX 693 Nov. 29, 1946 Letter, Simpson to Brown ABEX 694 Dec. 2, 1946 Letter, Brown to Bowditch 12 12 of 42FILED: WESTCHESTER COUNTY CLERK 06/04/2024 06:10 PM INDEX NO. 68124/2023NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 06/04/2024 ABEX Date Description EXHIBIT NO. ABEX 695 Dec. 4, 1946 Letter, Trudeau to Brown ABEX 696 Dec. 6, 1946 Letter, Lanza to Lynch ABEX 697 Dec. 9, 1946 Letter, Lynch to Lanza ABEX 698 Dec. 12, 1946 Letter, Brown to Trudeau ABEX 699 Dec. 20, 1946 Letter, Lynch to Lanza ABEX 700 Jan. 13, 1947 Letter, Lanza to Lynch ABEX 701 Feb. 27, 1947 Letter, Blinn to Lynch ABEX 702 Mar. 1947 Tribute to LeRoy Gardner ABEX 703 Mar. 18, 1947 Letter, Bowditch to Brown ABEX 705 Mar. 24, 1947 Letter, Bowditch to Brown ABEX 706 Mar. 31, 1947 Letter, Brown to Bowditch ABEX 707 June 30, 1947 Letter, Lynch to Lanza ABEX 708 July 14, 1947 Letter, Lanza to Lynch ABEX 709 July 16, 1947 Letter, Woodard to Brown ABEX 710 July 22, 1947 Letter, Woodard to Fisher et al ABEX 711 July 23, 1947 Letter, Lynch to Lanza ABEX 712 July 26, 1947 Letter, Fisher to Woodard et al. ABEX 713 July 29, 1947 Letter, Brown to Woodard et al. ABEX 714 Aug. 1, 1947 Letter, Vorwald to Lynch ABEX 715 Aug. 4, 1947 Letter, Woodard to Lanza ABEX 716 Aug. 4, 1947 Letter, Lynch to Vorwald ABEX 717 Aug. 19, 1947 Letter, Woodard to Fisher at al. ABEX 718 Oct. 23, 1947 Le
Related Contentin Westchester County
Case
BECKFORD, MAURICE DWIGHT v. CITY OF YONKERS et al
Mar 02, 2023 |Wood, Hon. Charles David |Tort-Motor Vehicle |Tort-Motor Vehicle |57391/2023
Case
Calderon, Irma et al v. Hemmerdinger MD, Tracy Bohn et al
Apr 12, 2024 |Lubell, Hon. Lewis Jay |Tort-Medical, Dental, or Podiatric Malpractice |Tort-Medical, Dental, or Podiatric Malpractice |60379/2024
Case
DAUNYS, ARUNAS v. WESTCHESTER MEDICAL CENTER HEALTH CARE CORPORATION
Aug 06, 2020 |Tort-Medical, Dental, or Podiatric Malpractice |Tort-Medical, Dental, or Podiatric Malpractice |58140/2020
Case
Geico Indemnity Company A/S/O Darwin Dume v. Bradhurst Equipment Corp., Gary Pugni
Aug 29, 2024 |Torts - Motor Vehicle |Torts - Motor Vehicle |68464/2024
Case
Crawford, Elizabeth v. Killion M.D., Christopher D et al
Sep 07, 2017 |Tort-Medical, Dental, or Podiatric Malpractice |Tort-Medical, Dental, or Podiatric Malpractice |63570/2017
Case
ALEXANDROU, NINA v. HUDSON VIEW CARE CENTER, INC. d/b/a REGENCY EXTENDED CARE CENTER et al
Dec 01, 2020 |Tort-Medical, Dental, or Podiatric Malpractice |Tort-Medical, Dental, or Podiatric Malpractice |65392/2020
Case
McCORD, VERNA v. NEW YORK CITY TRANSIT AUTHORITY et al
Dec 21, 2020 |Murphy, Hon. Alexandra |Tort-Motor Vehicle |Tort-Motor Vehicle |56086/2021
Case
CM by p/n/g Suzette Lennard v. ROYAL COACH LINES, INC., MUSHEF ABBOUD AND RLI INSURANCE COMPANY,
Apr 18, 2024 |Tort-Motor Vehicle |Tort-Motor Vehicle |60665/2024
Case
Mines, Karen v. Stanislawczyk, Steven L.
Jun 17, 2020 |Tort-Motor Vehicle |Tort-Motor Vehicle |56254/2020
Ruling
RONY ISSAC MONTES VS CHRISTOPHER TSUNGLUNG HO
Aug 28, 2024 |Renee C. Reyna |23STCV09679
Case Number: 23STCV09679 Hearing Date: August 28, 2024 Dept: 29 Montes v. Ho 23STCV09679 Defendants Motion for Summary Judgment TENTATIVE The Motion for Summary Judgment, filed by Christopher Tsunglung Ho, is GRANTED. Background On May 1, 2023, Plaintiff Rony Issac Montes (Plaintiff) filed his complaint against Christopher Tsunglung Ho (Defendant) and Does 1 through 50 for Motor Vehicle Negligence and General Negligence stemming from an auto accident occurring May 1, 2021. Defendant filed his answer on October 19, 2023. On March 12, 2024, the Court granted the motion of Plaintiffs counsel to be relieved as counsel. Plaintiff has been representing himself, in pro per, since that time. On June 7, 2024, the Court granted Defendants motion for an order deeming Plaintiff to have admitted the truth of the matters specified in Defendants Requests for Admission (Set One.) On June 11, 2024, Defendant filed this motion for summary judgment. No opposition has been filed. Legal Standard The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) The function of the pleadings in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings. (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381-382.) As to each cause of action as framed by the complaint, a defendant moving for summary judgment or summary adjudication must satisfy the initial burden of proof by presenting facts to show that one or more elements of the cause of action ... cannot be established, or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2); see also Aguilar, supra, 25 Cal.4th at pp. 850-851; Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1520.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Code Civ. Proc., § 437c, subd. (p)(2); see also Aguilar, supra, 25 Cal.4th at pp. 850-851.) A plaintiff or cross-complainant moving for summary judgment or summary adjudication must satisfy the initial burden of proof by presenting facts to show that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Code Civ. Proc., § 437c, subd. (p)(1).) Once the plaintiff or cross-complainant has met that burden, the burden shift to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Ibid.) The party opposing a motion for summary judgment or summary adjudication may not simply rely upon the allegations or denials of its pleadings but must instead set forth the specific facts showing that a triable issue of material fact exists. (Code Civ. Proc., § 437c, subds. (p)(1) & (p)(2). To establish a triable issue of material fact, the party opposing the motion must produce substantial responsive evidence. (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 166.) Courts liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party. (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) Request for Judicial Notice Defendant requests judicial notice of four documents from the Courts file. The request is granted. Discussion Plaintiff asserts a motor vehicle negligence and general negligence causes of action against Defendant. The basic elements of a cause of action for negligence are: (1) the existence of a legal duty; (2) breach of that duty; (3) causation; and (4) resulting damages. (Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 213; Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158; Romero v. Los Angeles Rams (2023) 91 Cal.App.5th 562, 567.) On June 7, 2024, the Court GRANTED Defendants motion for an order deeming Plaintiff to have admitted the matters specified in Defendants Requests for Admissions (Set One). The following were deemed admitted by Plaintiff: (1) REQUEST FOR ADMISSION NO. 1: Admit that plaintiff RONY ISAAC MONTES was not injured as a result of the automobile accident of May 11, 2021. (2) REQUEST FOR ADMISSION NO. 2: Admit that plaintiff RONY ISAAC MONTES has not had any physical complaints as a result of the automobile accident of May 11, 2021. (3) REQUEST FOR ADMISSION NO. 3: Admit that plaintiff RONY ISAAC MONTES has not had any mental complaints as a result of the automobile accident of May 11, 2021. (4) REQUEST FOR ADMISSION NO. 4: Admit that plaintiff RONY ISAAC MONTES has not had any cognitive complaints as a result of the automobile accident of May 11, 2021. (5) REQUEST FOR ADMISSION NO. 5: Admit that plaintiff RONY ISAAC MONTES has not had any emotional complaints as a result of the automobile accident of May 11, 2021. (6) REQUEST FOR ADMISSION NO. 6: Admit that plaintiff RONY ISAAC MONTES did not receive any consultation or examination or treatment from any healthcare provider as a result of the automobile accident of May 11, 2021. (7) REQUEST FOR ADMISSION NO. 7: Admit that plaintiff RONY ISAAC MONTES did not incur any medical expenses as a result of the automobile accident of May 11, 2021. (8) REQUEST FOR ADMISSION NO. 8: Admit that plaintiff RONY ISAAC MONTES will not incur any medical expenses into the future as a result of the automobile accident of May 11, 2021. (9) REQUEST FOR ADMISSION NO. 9: Admit that plaintiff RONY ISAAC MONTES did not have any loss of earnings as a result of the automobile accident of May 11, 2021. (10) REQUEST FOR ADMISSION NO. 10: Admit that plaintiff RONY ISAAC MONTES will not have any loss of earnings as a result of the automobile accident of May 11, 2021. (11) REQUEST FOR ADMISSION NO. 11: Admit that Defendant CHRISTOPHER TSUNGLUNG HO was not negligent with respect to the automobile accident of May 11, 2021. (12) REQUEST FOR ADMISSION NO. 12: Admit that Defendant CHRISTOPHER TSUNGLUNG HO was not at fault for the automobile accident of May 11, 2021. (13) REQUEST FOR ADMISSION NO. 13: Admit that Defendant CHRISTOPHER TSUNGLUNG HO is not responsible for any damages alleged by plaintiff RONY ISAAC MONTES in connection with the automobile accident of May 11, 2021. (14) REQUEST FOR ADMISSION NO. 14: Admit that plaintiff RONY ISAAC MONTES is 100% at fault for causing the automobile accident of May 11, 2021. (15) REQUEST FOR ADMISSION NO. 15: Admit that plaintiff RONY ISAAC MONTES is solely negligent for causing the automobile accident of May 11, 2021. (16) REQUEST FOR ADMISSION NO. 16: Admit that plaintiff RONY ISAAC MONTES did not have any property damage as a result of the automobile accident of May 11, 2021. (17) REQUEST FOR ADMISSION NO. 17: Admit that plaintiff RONY ISAAC MONTES did not have any economic damages as a result of the automobile accident of May 11, 2021. (18) REQUEST FOR ADMISSION NO. 18: Admit that plaintiff RONY ISAAC MONTES will not have any economic damages in the future as a result of the automobile accident of May 11, 2021. (19) REQUEST FOR ADMISSION NO. 19: Admit that plaintiff RONY ISAAC MONTES did not have any non-economic damages as a result of the automobile accident of May 11, 2021. (20) REQUEST FOR ADMISSION NO. 20: Admit that plaintiff RONY ISAAC MONTES will not have any non-economic damages into the future as a result of the automobile accident of May 11, 2021. (21) REQUEST FOR ADMISSION NO. 21: Admit that plaintiff RONY ISAAC MONTES did not have any loss of use as a result of the automobile accident of May 11, 2021. (22) REQUEST FOR ADMISSION NO. 22: Admit that the automobile accident of May 11, 2021 was not a substantial factor in causing any harm to plaintiff RONY ISAAC MONTES. (23) REQUEST FOR ADMISSION NO. 23: Admit that the automobile accident of May 11, 2021 was not a substantial factor in causing any injury to plaintiff RONY ISAAC MONTES. (Exhs. 4 & 5.) The Court may take judicial notice of admissions that contain statements of the plaintiff or his agent which are inconsistent with the allegations of the pleading before the court. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-605.) Moreover, if a party does not move the trial court to allow for withdrawal or amendment of an admission, the admission is conclusively established against that party in the action. (See Joyce v. Ford Motor Co. (2011) 198 Cal.App.4th 1478, 1489.) [A] deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matters contained therein. (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 979.) In this case, the Court has already ordered that Plaintiff is deemed to have admitted (among other things) that Defendant was not negligent in the accident at issue and that the accident did not cause Plaintiff to suffer any injuries. Based on the foregoing, Defendant has presented admissible evidence that one or more elements of each cause of action in the complaint cannot be established. As there are no triable issues of material fact, and as Defendant has shown that he is entitled to judgment as a matter of law, Defendants motion for summary judgment is GRANTED. Conclusion The Court GRANTS Defendants motion for summary judgment. Moving Party is to provide notice.
Ruling
TIMOTEO O PRECIADO, AN INDIVIDUAL VS DIANA RODRIGUEZ SUASTEGUI, AN INDIVIDUAL, ET AL.
Aug 28, 2024 |Renee C. Reyna |23STCV24624
Case Number: 23STCV24624 Hearing Date: August 28, 2024 Dept: 29 Preciado v. Suastegui 23STCV24624 Plaintiffs Motion for Trial Preference Tentative The hearing on the motion is continued. Background On October 10, 2023, Timoteo Preciado (Plaintiff) filed a complaint against Diana Rodriguez Suastegui, Diego Alquicira (collectively Defendants), and Does 1 through 25 for motor vehicle negligence and general negligence arising out of an accident occurring on January 19, 2023. On December 11, 2023, Plaintiff filed a First Amended Complaint (FAC). On January 5, 2024, Defendants filed their answer to the FAC. On July 30, 2024, Plaintiff filed a motion for trial preference. No opposition has been filed. Legal Standard Code of Civil Procedure section 36, subdivision (a) provides: A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if it makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the partys interest in the litigation. A motion for a preference must be supported by a declaration of the moving party [stating] that all essential parties have been served with process or have appeared. (Code Civ. Proc., § 36, subd. (c)(1). The motion may be supported by a declaration by the attorney for the party seeking the preference based upon information and belief as to the medical diagnosis and prognosis of any party. (Code Civ. Proc., § 36.5.) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a partys attorney, or upon a showing of good cause stated in the record. (Code Civ. Proc., § 36, subd. (f).) Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. (Ibid.) Discussion Plaintiff seeks an order for trial preference under Code of Civil Procedure section 36, subdivision (a) based on his age and health. Plaintiffs counsel has submitted a declaration that states that Plaintiff is 78 years old and has severe issues with back pain (and other issues) and can barely walk. (Garcia Decl., ¶¶ 2-3 & Exh. A.) Epidural injections and chiropractic treatment have had minimal effect. (Id., ¶¶ 3, 5 & Exhs. A, C.) Two neurosurgeons have recommended surgery. (Id., ¶¶ 4-5 & Exhs. B, C.) The motion for a trial preference is not opposed. The Court finds, on this record, that Plaintiff has a substantial interest in this action and that, given Plaintiffs health, a preference may be necessary to prevent prejudicing Plaintiffs interest in the litigation. Code of Civil Procedure section 36, subdivision (c)(1), however, establishes a mandatory requirement that a party seeking a preference submit a declaration stating that all essential parties have been served with process or have appeared. (Code Civ. Proc., § 36, subd. (c)(1). This is a mandatory statutory requirement, necessary to prevent potential prejudice to parties who have not yet been served or appeared. Accordingly, the Court continues the hearing so that Plaintiff may submit the required a supplemental declaration addressing the requirements of subdivision (c)(1). Conclusion The Court CONTINUES the hearing on Plaintiffs motion for preferential trial setting for approximately 21 days. Moving Party is to give notice.
Ruling
BERJ PARSEGHIAN VS FLY BY JING, INC., ET AL.
Aug 27, 2024 |24STCV02895
Case Number: 24STCV02895 Hearing Date: August 27, 2024 Dept: 55 Background Plaintiff Berj Parseghian (Plaintiff) filed a complaint against Defendants, Fly by Jing Inc, Costco Wholesale Corporation, and Doe defendants 1 to 100, alleging violations of Proposition 65, Health and Safety Code, section 25249.5 et seq. (Proposition 65). Plaintiff claims that Defendants failed to provide required warnings for chemicals listed on a product they manufacture or sell. Costco demurs to the complaint. Plaintiff opposes. Judicial Notice The Court grants Costcos RJN regarding both Office of Environmental Health Hazard Assessments (OEHHA) Final Statements of Reasons, Plaintiffs pre-suit notice of violation and Plaintiffs complaint. The Court denies Costcos RJN regarding another trial courts ruling. Legal Standard Demurrers are to be sustained where a pleading fails to plead adequately any essential element of the cause of action. Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879-880. Analysis 1. Whether Pre-suit Notice Must State the Basis of Costos Liability as a Retail Seller of Consumer Products. Under Proposition 65, retail sellers are only responsible for providing a warning of consumer product exposure when at least one of five enumerated circ*mstances exist. Cal. Code Regs., tit., 27, § 25600.2, subd. (e). Private persons may bring suit for failure to warn of chemical exposure under certain circ*mstances. Health & Saf. Code, § 25249.7, subd. (d)(1). To do so they must give notice to the Attorney General and any local prosecutor in whose jurisdiction the violation occurred sixty days before filing the action. Ibid. Such notice must provide adequate information from which to allow the recipient to assess the nature of the alleged violation, as set forth in [California Code of Regulations, title 27, section 25903, subdivision (b)(2)]. Section 25903, subdivision (b)(2), establishes general notice requirements which must be included regardless of the type of violation and specific requirements for consumer product, environmental and occupational violations. These requirements shall not be interpreted to require more than reasonably clear information, expressed in terms of common usage and understanding, on each of the indicated topics. Cal. Code Regs., tit. 27, § 25903. Additionally, Health and Safety Code section 25249.7, subdivision (d)(1), requires the notice to include a certificate of merit from the noticing party or their attorney, stating that the they consulted with at least one expert who reviewed facts, studies, or other data regarding the exposure to the listed chemical that is the subject of the action, and that, based on that information, the person executing the certificate believes there is a reasonable and meritorious case for the private action. If a court subsequently determines that there was no actual or threatened exposure to a listed chemical, the court may, upon the motion of that alleged violator or upon the courts own motion, review the basis for the & certificate of merit& . Health & Safety Code, § 25249. 7, subd. (h)(2). However, it shall be disclosed to the court in an in-camera proceeding at which the moving party shall not be present. Ibid. If the court finds that there was no credible factual basis for the certifiers belief that an exposure to a listed chemical had occurred or was threatened, then the action shall be deemed frivolous. Ibid. Notice is a condition precedent to establishing a citizen's right to proceed in the public interest on that matter, and to collect funds for the public treasury, the notice requirement should not be dismissed as a mere technicality. Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America (2007) 150 Cal.App.4th 953, 963 (quoting, Off. of Environ. Health Hazard Assessment, Final Statement of Reasons Adopting Section 12903, Notices of Violation (1997)). The parties do not dispute that Plaintiffs pre-suit notice did not identify the basis for Costcos liability as a retail seller under California Code of Regulations, title 27, section 25600.2, subd. (e). Rather, they dispute whether the Plaintiff was required to do so. This is an issue of first impression. When no reported California decision or administrative interpretation of a regulation exists, courts interpret the regulation in accordance with applicable rules of statutory construction. Baker v. Pacific Oaks Education Corp. (2024) 99 Cal.App.5th 77, 91 (quoting Manriquez v. Gourley (2003) 105 Cal.App.4th 1227, 1235). Courts give the regulatory language its plain, commonsense meaning and [i]f possible & must accord meaning to every word and phrase in the regulation, and we must read regulations as a whole so that all of the parts are given effect. Id. (quoting Butts v. Board of Trustees of California State University (2014) 225 Cal.App.4th 825, 83). After considering the parties arguments, and the relevant statutory and regulatory language, the Court concludes that Plaintiffs were not required to identify an applicable 25600.2, subdivision (e), provision in their pre-suit notice. Section 25903, subdivision (b), is the regulation that establishes the requirements for pre-suit notice. Nothing in that section references section 25600.2, subdivision (e), or the conditions under which a retail seller may be responsible for warning for consumer product exposure. While Defendants are correct that section 25903, subdivision (b)(2), requires the notice provide adequate information from which to allow the recipient to assess the nature of the alleged violation the adequacy of the information is determined in reference to the enumerated notice requirements in section 25903. Furthermore, the regulation specifically states that the description of the violation requirement shall not be interpreted to require more than reasonably clear information, expressed in terms of common usage and understanding, on each of the indicated topics. Because the provisions of section 25600.2, subdivision (e), are not among those indicated topics, they are not required as part of the description of the violation in the notice. See Cal. Code. Regs., tit. 27, § subd. (b)(2). Likewise, the certificate of merit is not required to articulate an applicable 25600.2, subdivision (e), provision. See Health & Saf. Code, § 25249.7, subd. (d)(1), (describing the requirements of the certificate of merit). The certificate of merit requires the person executing it to consult with an expert regarding the exposure to the listed chemical. Ibid. The certificate speaks to the merit of claim in terms of a credible factual basis for the certifiers belief that an exposure & occurred or was threatened. Health & Saf. Code, § 25249.7 subd. (h)(2). Moreover, the certificate is not required to include the factual basis, and the alleged violator is not entitled to see them, even if the court determines there was no actual or threatened exposure. Health & Saf. Code, § 25249.7, subd. (h)(2). Because no statute or regulation requires the pre-suit notice or certificate of merit to identify an applicable section 25600.2, subdivision (e), provision, Costcos demurrer on that basis is overruled. 2. Whether the Basis for A Retailers Liability is an Essential Element of the Cause of Action. Costco also argues that the complaint fails to allege facts establishing one or more of section 25600.2, subdivision (e)s, five situations imposing Proposition 65 liability on the retailer. Plaintiff acknowledges that the complaint does not allege facts establishing 25600.2, subdivision (e), applies, but argues that it should be allowed discovery to establish these facts and that this issue should be addressed at summary judgment. The Court disagrees. Retail sellers have no liability for failing to warn of chemical exposure in consumer products under Proposition 65, except under the specific circ*mstances enumerated in 25600.2(e). Therefore, a cause of action against a retailer under Proposition 65 must allege facts sufficient to establish that one or more of the section 25600.2, subdivision (e), circ*mstances apply. Because establishing at least one of the 25600.2 , subdivision (e), scenarios is an essential element of the cause of action, the Court sustains the demurrer with leave to amend. Conclusion The Court sustains the demurrer with 20 days leave to amend.
Ruling
VANN vs RIVERSIDE HEALTHCARE SYSTEM, L.P.
Aug 29, 2024 |CVRI2400082
DEMURRER ON COMPLAINT FORVANN VS RIVERSIDE OTHER PERSONALCVRI2400082 HEALTHCARE SYSTEM, INJURY/PROPERTYL.P. DAMAGE/WRONGFUL DEATH TORT(OVER $35,000) OF KENNETH VANNTentative Ruling: Overruled.
Ruling
TIMOTHY AVALOS VS ENOVATIVE GROUP, INC., ET AL.
Aug 27, 2024 |Renee C. Reyna |20STCV30553
Case Number: 20STCV30553 Hearing Date: August 27, 2024 Dept: 29 Avalos v. Enovative Group 20STCV30553 Defendants Motion to Continue Trial Tentative The motion is denied as moot. The relief requested in the motion has already been granted. Moving party to give notice.
Ruling
ZACOYA GOODE, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ASHLEY ROBERSON VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A PUBLIC ENTITY
Aug 27, 2024 |24CMCV00078
Case Number: 24CMCV00078 Hearing Date: August 27, 2024 Dept: A 24CMCV00078 Zacoya Goode, a minor, v. Los Angeles Unified School District Tuesday, August 27, 2024, at 8:30 a.m. [TENTATIVE] ORDER GRANTING Plaintiffs Motion for Trial Preference I. BACKGROUND The complaint alleges that Plaintiff, Zacoya Goode (Plaintiff), was four years old and attending Avalon Gardens Elementary School operated by Defendant, when Plaintiff suffered injury on the playground. Plaintiff alleges claims for negligence and dangerous condition of public property. II. ARGUMENTS The minor Plaintiff, through her Guardian ad Litem, moves for trial preference as she is under 14 years of age and has a substantial interest in the case as a whole. Preference is necessary to avoid prejudice against her interest. Defendant has been served. In opposition, Defendant argues that while Plaintiff is technically entitled to a preferential trial setting, Defendant asks the court to consider that the investigation of this matter can only be provided by Defendants employees, who may not be available during the summer months. Assuming the court grants the motion, Defendant asks the court to set trial for more than 120 days after the motion is granted. In reply, Plaintiff argues that there is no authority to extend the 120-day time frame for setting trial. Preference is mandatory if the criteria are met. Failure to complete discovery does not affect the Plaintiffs right to a preference. III. DISCUSSION A plaintiff under 14 years of age in a civil action to recover damages for wrongful death or personal injury shall be entitled to a preferential trial setting unless the court determines that "the party does not have a substantial interest in the case as a whole. " (Code Civ. Proc., § 36 subd. (b).) Plaintiff is presently four years old and is the only Plaintiff in this action with any interest. Plaintiffs counsel affirms that Defendant filed its answer on May 15, 2024. (Michael Justice decl., ¶¶ 3 and 13.) The court has no discretion to deny the motion if statutory criteria are met. (Peters v. Superior Court (1989) 212 Cal.App.3d 218, 224.) Defendant concedes that the Plaintiff is technically entitled to preference, but argues that it will not be able to conduct investigation while important witnesses are not available. (Opp., Martha Cohen decl., ¶ 3.) Given the statutes mandatory language, the court has no discretion to deny the motion so long as statutory criteria are met. (Peters v. Superior Court (1989) 212 Cal.App.3d 218, 224.) IV. CONCLUSION Accordingly, Plaintiffs motion for a preferential trial setting is GRANTED. The court is required to set trial for not more than 120 days from the date of the hearing. (Code Civ. Proc., § 36 subd. (f).) There shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. (Id.) The 120th day from the date of the hearing falls on Wednesday, December 25, 2024; the next court day is Thursday, December 26, 2024. (Code Civ. Proc., § 12a ["If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday."].) Accordingly, the court sets the following dates: Trial: DECEMBER 23, 2024 FSC: DECEMBER 18, 2024
Ruling
ARIEL BONILLA VS EMANATE HEALTH MEDICAL CENTER, ET AL.
Aug 27, 2024 |21STCV31000
Case Number: 21STCV31000 Hearing Date: August 27, 2024 Dept: 28 Having considered the moving papers, the Court rules as follows. BACKGROUND On August 23, 2021, Plaintiff Ariel Bonilla filed this action against Defendants Emanate Health Medical Center dba Emanate Health Queen of the Valley Medical Center, Anela Puljic, M.D., Patrick Maloney, M.D., and Does 1-100 for health care provider negligence leading to injury or death under Civil Code section 3333.1. On December 1, 2021, Defendants Emanate Health Queen of the Valley Hospital (erroneously sued as Emanate Health Medical Center dba Emanate Health Queen of the Valley Medical Center), Anela Puljic, M.D., and Patrick Maloney, M.D. filed an answer. On June 25, 2024, Defendant Emanate Health Medical Center (Defendant) filed a motion for an order directing a non-party's compliance with a subpoena duces tecum. The motion was set for hearing on August 7, 2024. The Court continued the hearing to August 27, 2024. No opposition was filed. Trial is currently scheduled for March 10, 2025. PARTYS REQUEST Defendant asks the Court to compel Norma Salceda, M.D.s compliance with a deposition subpoena for the production of Plaintiffs medical records. LEGAL STANDARD California Rules of Court, rule 3.1346, provides: A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record. (Cal. Rules of Court, rule 3.1346 (Rule 3.1346).) DISCUSSION Defendant asks the Court to compel non-party Norma Salceda, M.D.s compliance with a deposition subpoena for medical records. The proof of service for Defendants motion states that Defendant served the motion on Norma Salceda, M.D., by U.S. mail. Under Rule 3.1346, however, Defendant was required to personally serve the moving papers on Dr. Salceda unless Dr. Salceda agree[d] to accept service by mail or electronic service at an address or electronic service address specified on the deposition record. Defendant has not shown that Dr. Salceda agreed to accept service by mail at the address listed in the proof of service. The Court denies the motion. CONCLUSION The Court DENIES Defendant Emanate Health Medical Centers motion to compel non-party Norma Salceda, M.D.s compliance with a deposition subpoena for business records. Moving party is ordered to give notice of this ruling. Moving party is ordered to file a proof of service of this ruling with the Court within five days.
Ruling
SALCEDO vs PITA STREET, INC
Aug 29, 2024 |CVRI2103980
MOTION TO COMPEL DEFENDANTNISHANT PATEL TO RESPOND TOSALCEDO VS PITA STREET, PLAINTIFF'S DEMAND FORCVRI2103980INC PRODUCTION OF DOCUMENTS;AND AN AWARD OF MONETARYSANCTIONS BY MERILYN SALCEDOTentative Ruling:GRANT
Document
Mark Weyne v. Waterview Hills Nursing Center Inc.
Sep 07, 2018 |William J. Giacomo |Torts - Other Negligence (Nursing Home Negligence) |Torts - Other Negligence (Nursing Home Negligence) |63996/2018
Document
Nancy Aliberto v. Angelo J Postiglione, Joan T Postiglione
Oct 17, 2022 |David F. Everett |Torts - Motor Vehicle |Torts - Motor Vehicle |67112/2022
Document
ORTIZ, JOSE E v. WESTCHESTER FOOT CARE et al
Apr 02, 2019 |Lubell, Hon. Lewis Jay |Torts - Medical, Dental, or Podiatrist Malpractice |Tort-Medical, Dental, or Podiatric Malpractice |62062/2021
Document
Toni Marie Berlingeri v. Marina Manente
Sep 12, 2011 |Mary H. Smith |Tort |Tort |55331/2011
Document
Natashia Wright, As M/N/G Of, A W v. New Rochelle High School, City School District Of New Rochelle
Oct 13, 2017 |Joan B. Lefkowitz |Torts - Other (Premises Liability) |Torts - Other (Premises Liability) |67241/2017
Document
Mohammed Jalakh v. Gian D Holmstrom
Apr 20, 2018 |_ SCP Part, SCP Part |Torts - Motor Vehicle |Torts - Motor Vehicle |56067/2018
Document
Annette Rose v. Kimco Yonkers 801, Inc. dba Shoprite of Tuckahoe, Yonkers Center 801, Llc dba Shoprite of Tuckahoe, Wakefern Food Corp., Shop-Rite Supermarkets Inc
Jan 31, 2022 |William J. Giacomo |Torts - Other Negligence (Premises Liability) |Torts - Other Negligence (Premises Liability) |56008/2022
Document
Sharon Hughes v. Marathon Development Group, Ltd, Marathon Development Group, Llc, Cross River Painting Of Tristate,
Feb 10, 2024 |David F. Everett |Torts - Other Negligence (Premises) |Torts - Other Negligence (Premises) |57032/2024
