CLE CL
f.iii.i.i
PKIO1t
JAN
RECD
JOHN DEC
26
a-
2007
FLING WINDOW
CLE
CL
Aiy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES 10 ii
STEVEN PELLEY
13
vs
14
3M COMPANY
BC358812
Assigned to Departnient33
Plaintiffs
12
No
Case
Hon
Charles
Lee
JUDGMENT ON et
SPECIAL VERDICT
al Defendants
15 16 17
This cause came
18
on regularly for
19
aboveentitled
20
appeared
21
Greenstone
22
Robert Nelder of Fiassard
by
his
Honorable
attorneys
Christopher
LLP
jury
24
the
court
was
from the court the jury of twelve special verdict
Inc
22 2007
appeared
by
its
Steven
33 of the Pclley
Horn of Simon Eddins attorneys John Katerndahl
the
retired
and sworn
evdence to consider
Witnesses were
sworn and
the arguments of counsel its
form submitted the jury rendered
verdict
Upon
the following
27 28
ACC-EST-0023500
Department
Plaintiff
presiding
and Ethan
in
and
LLP
regularly imparieled hearing
Lee
Panatier
Bennington
After
on October
Charles
Defendant John Crane
the plaintiffs claims
the
trial
JUDGMENT ON SPECIAL VERDICT
testified
as to
and rnstructions
returning
and based on
special verdict
WE THE the
JURY
failed
find the following
action
special verdict
on
submitted to us
questions
QUESTION they
the aboveentitled
in
to
NO
Was
perform as safely
YES
Answer
there
as
defect
an ordinary
in design
of the John Crane products
user would
in that
have expected9
NO
or
NO
YES X______
Answer
PROCEED TO QUESTION 10
QUESTION NO.2 Was
11
warn of
12
failure
13
manufacture
14
to
the potential
there
risks
defect
in
which were
generally
Crane products
known
in that
or knowable
at
there
was
the time of
and distribution
Answer
YES
or
NO NO
YES
15
16
the John
Answer
______
17
YES
YOU ANSWERED
18
IF
19
QUESTION
20
TO QUESTION
IF
TO EITHER
YOU ANSWERED
NO TO BOTH
GO TO
OR
QUESTIONS
AND
QUESTIONS
GO
21 22
23
25
QUESTION NO
Did any such defect
possession
of John
Crane
foreseeable
to
John
Crane
Answer
YES
or
or
changes
that
were
the John
made
to
Crane products
the
products
NO YES
26
ACC-EST-002350
were
when
exist
27
Answer
28
ANSWER QUESTION
X_____
JUDGMENT ON SPECIAL VERDICT
NO
left
the
reasonably
QUESTiON
NO
foreseeable
reasonably
or
the John Crane products
used or misused
11
12
YOU ANSWERED
YES
was
NO
YOU ANSWERED
NO
QUESTION NO
Was
THEN GO TO QUESTION
TO QUESTION
TO QUESTION
the defect
IF
THEN GO TO QUESTION
substantial
contributing
factor in causing
Steven
Pelleys malignant mesothelioma
YES
Answer
or
NO NO
YES
13
14
that
X_____
Answer
10
way
NO YES
IF
in
John Crane
to
YES
Answer
Were
X______
Answer
15
16
PROCEED TO QUESTION NO.6
17
18
QUESTION
19
Answer
NO
YES
or
Was
defendant
NO NO
YES
20 21
John Crane negligent
Answer
X_____
22 IF
YOU ANSWERED
YOU ANSWERED 2S
27
ACC-EST-0023502
YES
NO TO QUESTIONS
VERDICT
IF
YOU ANSWERED
VERDICT
IF
YOU ANSWERED
QUESTION
TO QUESTION
12 AND
THEN GO TO QUESTION
IF
THEN SiGN AND RETURN THE
NO TO AND THEN SIGN AND RETURN THE NO TO QUESTION BUT ANSWERED YES TO
NO.500 TO QUESTION
IPROPOSEDJ JUDGMENT ON SPECIAL
VERDICT
QUESTION Steven
NO
Was
the
substantial
negligence
contributing
factor in causing
Pelleys malignant mesothehoma9
Answer
YES
or
NO NO
YES X______
Answer
IF
OR
YOU ANSWER TO EITHER QUESTION
QUESTION
IF
YOUR ANSWER
IS
IS
YES THEN
NO TO QUESTIONS
ANSWER
THEN STOP
AND
HERE ANSWER NO FURTHER QUESTIONS AND HAVE THE JURY FOREPERSON 10
12
SIGN
AND DATE
THIS
QUESTION
NO
FORM
13
What do you
14
noneconomic damages
15
mesothelioma
find to be
the total
if
any
amount
of damages including
sustained
by Steven Pelley
as
economic result
and of his
16
17
PastMedicalBills
18
Future
19
NonEconomic
Medical
225806A2 66741836
Bills
Damages
$10000000
00
$10893244
48
20 21
TOTAL DAMAGES
for
all
claims
22
23 24 FJ25
IF
SIGN
YOU ANSWER AND RETURN
NO DAMAGF THIS
PROCEED TO QUESTION
VERDICT
DO NOT ANSWER ANY MORE QUESTIONS FORM
IF
THERE
IS
NO.9
26 27 28
ACC-EST-0023503 IPROPOSEDI
JUDGMENT ON
SPECIAL
VERDiCT
DAMAGE FIGURE
QUESTION plaintiffs
listed
injury
NO
what
Assuming
that
of the
percentage
100%
100%
represents
if
the total fault that
any was due
was
to the fault
the cause
of the
of
entities
below 25
John Crane Peerless
15
Floway
15
Certainteed American Standard
General Electric
Westinghouse
Siemens Chrysler Bendix Borg Warner
Clark
and Hyster
Toyota
________
25
10
Garlock
_10
ii
Goodyear
_l0
12
TOTAL
_100
13
QUESTION
14
15
was
16
liability
guilty
10
Do
of malice oppression
in favor
Answer
17
NO
you
find by clear and convincing
or fraud in the conduct
evidence
YES
or
NO NO
YES x_____ ______
Answer
20 21
Please
22
Dated
sign and return
this
verdict
Brian OHalloran
12/7/07
ri
27 28
ACC-EST-0023504
JUDGMENT
John Crane
upon which you base your
of plaintiff Steven Pelley
18
19
that
ON SPECIAL VERDICT
finding
of
THEREAFTER
court the jury of twelve
questions
the jury
in
the
submitted to
us
Steven
aboveentitled
NO
QUESTION
to consider
What
its
action
amount of
testified
to
as
the
Upon
verdict
the
following
find
punitive
the
plaintiffs
punitive
from
and instructions
arguments of counsel
the
the jury rendered
form submitted
special verdict
We
retired
and
sworn
After hearing the evidence
damage claims the
witness was
returning and based on the
special verdict
following
damages
Special
Verdict
any do you
if
on the
award
Mr
Pelley
1500000 10
11
Brian OHalloran
Dated 12/11/07
JURY FOREPERSON
13
14
THEREFORE
15
16
judgment
17
and that
is
entered
plaintiffs
in the
HEREBY ORDERED ADJUDGED AND DECREED
of plaintiff Steven Pelley and against
in favor
shall take the
rate often percent per
costs
IT IS
annum
sum of$ 4696256
defendant John Crane
from John Crane
from date of the entry of
this
Inc unti1
judgment
with
interest
paid together
that
Inc at
with
amount of $_______________
Dated
JUDGE OF THE SUPERIOR COURT CHARLES Respectfilly
13ri
submitted
LEES
by
Baow SBN 177906 GREENTONE
SIMON EDDINS
LLP
Ocean Boulevard Suite 1950 i.n eac.h Caiforni 301
Fek1Thon
Iaeimne
nu1 ACC-EST-0023505
bi
5o
UO
53iOO
594
ro.isgLiw
.m JUDGMENT
ON SPECIAL VERDICT
JUt
the
PROOF OF SERVICE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES am
II
Suite
On
the date
forth
set
ant
sealed
action by placing parties in this addressed and sent as follows
true
interested
all
envelopes
Courit\
documents
eighteen
Blvd
Ocean
California
as
described
ON SPECIAL VERDICT
IPROPOSED JUDGMENT On
employed
served the foregoing
below
\tgc
i.o
over
ti
iddi
1-i
California
am
oF Caiithrnia
State
Angeles
to
Beach
1950 Lone
of Los
ceunt
the
ii
employed and no years of age
thereof
copy
in
enclosed
JOHN CRANE INC 10
Hamblett
Robert Robert
Nelder
HASSARI BONNINGTON LLP
111
bicatto
wo 12
enter
ot
ii
14
\X
13.\
\1
auseI ucb
-\
Caliirna 15
16
jh
postage
envctcpeL
thereon
fhllv
to
be
to
th
the
thaI
the
in
deposited
prepaid
iPi
ffll
\L
11
4l5-2889802
oirc ith
more
service
than
onc
is
prcsiniied
-my
alier
jXX BY FACSIMILE
uk
caused
number of
facsimile
the
the offices
postal eance Ilutiun deost for mailin
if
om
the
in
13c.tch as
.uidressces
OlLtR
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dame
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at
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deposiled correspondence formai1in It course 0i husncss am aware slme day in the ordinar\ dit.l
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of
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prcesuh cr-ed
18
\eith
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5..2Si- 800
lclcohone
Icmile
13
1800
Suite
thoin.i
Scr\ ice on
ion
mat or postage
dl
ot
meler
party date
acldavt
courtesy copy to be transmitted of the addressees as indicated
by facsimile
to
the
above
19
BY FEDERAL EXPRESS 20 21
express declare
above 22
for next day
under penalty
by
am
to the
to
offices
of perjury under the laws of the
is
this
26th
day of
December
2007
JUDGMENT
at
be transmitted by federal of the addressees
State
true and correct Executed
ACC-EST-0023506
delivery
caused such envelope
1030
Long Beach
ON SPECIAL VERDICT
of California that the
Jury Verdict Form
QUESTION
NO 1a
YES
Answer
Did
GriscomRusse1
1b
Did
Elliot
1c
Did John
1d
Did Garlock design
defective
design
product
or
ANSWER NO
YES
QUESTION NO Answer
YES
design
defective
product
or
ANSWER YES
QUESTION NO Answer
YES
Crane design
defective
product
or
ANSWER YES
QUESTION NO Answer
YES
or
NO
ANSWER YES
Proceed
ACC-EST-0023507
to
Question
NO
defective
product
ACC-EST -0023508 ACC-EST-0023508
5
tiffsProosedJuFOier OUESTION NO Did David
work with
Fortier
or
asbestoscontaining components
YES
Answer
during
service
his
in
Corporations States
the United
equipment
used
that
Navy
or
NO
YES
If
AllisChalmers
around
yes proceed
to
If
Question
you answered
NO
to
Question
then
sign and
return the
verdict
QiflQN NQiImCikjAfflLIT Was
there
defect
in design
of the A11isCha1mers
perform as safely as an ordinary
YES
Answer
user would
have
Corporation pumps in that the pumps
failed
to
expected
or
ANSWER NO
YES
Pro ceed
to
Question
QflON Was
there
of the
FAIL
defect
potential
1JJMiQiN
in the A11isCha1mers
risks
which were
distribution by the A11isCha1mers
Answer
YES
or
ANSWER YES
Proceed
ACC-EST-0023509
to
Question
Corporations
generally
known
Corporation
pumps
in that
or knowable
at
there was
failure
to
warn
the time of manufacture
or
4PQ4LMJJ1QiYi
QSflONN Did of
Corporation breach
the AllisCha1mers
its
YES
Answer
the initial sale
after
pumps
of
its
postsale duty
its
product
but
before
Mr
warn
to
Mr
Fortier of the
Fortier stopped using
its
dangers
pumps
NO
or
ANSWER YES
If
Yes
you answered
and
Questions
to
go
to
either Question
or
go
to
If
question
no
you answered
to
Question
OUESTION NO Did any such
defects
exist
when
AllisChalmers
Corporation or were
AllisCha1mers
Corporation
YES
Answer
or
AllisChalmers
Corporations
changes
made
then
to
to
the products
pumps
left
reasonably
possession
of the
foreseeable
by the
NO
ANSWER YES
If
you answered then go
to
Yes
to
Question
go
If
Question
you answered
Question
OUESTION NO Was
the
Answer
defect
YES
substantial
or
NO
ANSWER YES
Proceed
ACC-EST-002351
to
Question
NO
contributing
factor in causing
Mr
Fortier
cancer
No
to
Question
ONNOGENCE Was
the AllisChalmers
YES
Answer
Corporation negligent
or
ANSWER NO
YES
If
YES
you answered
and
both Question
number
Question
to
then
go
to
Question
If
you
answered
NO
to
then sign and return the verdict
OUESTION NO Was
substantial
the negligence
YES
Answer
or
contributing
factor in causing
Mr
Fortier
cancer
NO
ANSWER YES
If
your answer
answer
is
to
NO
either
to Questions
either
and
sign and date this
jury foreperson
to
Question
then
form
OUESTION NO Is
David
Answer
Fortiers
YES
estate
entitled
or
ANSWER YES
If
ACC-EST-002351
yes
in
what
NQ
amount
to
damages
or
is
stop here
YES answer
then
answer
Question
no further questions
If
your
and have the
Reasonable
and Necessary Medical
Destruction
of Earning
Destruction
of Capacity
Compensation
and Funeral
Expenses
__________
Capacity
to
Enjoy
for the Death
Lifs
Activities
_________
itself
_____
Pain and Suffering
Proceed
10
to Question
QUESTION Is
________
NO 10
Gail Fortier entitled
YES
Answer
or
to
for loss of consortium
damages
NO
ANSWER YES
If
yes
in
what
amount
Past loss of consortium
Future
Proceed
to
loss
of consortium
______
Question 10
QUESTION NO.11 Did
Plaintiff
Corporations injured
Answer
prove that the reckless
by the product
YES
ACC-EST-002351
suffered
disregard
for the
including
Mr
or
ANSWER YES
harm
NO
by
safety
Fortier
Mr
Fortier
of product
was
the
result
of the A1IisChalmers
users consumers
or others
who
were
ORIGINAL FILED NOV
OF CAUFORNIk
COURT
SUPERIOR
ANGLES
LOS
COUNTY
SUPERiOR COURT OF
15Z010
STATE OF CALIFORNIA
TIlE
FOR THE COUNTY OF LOS ANGELES 10 11
came
This action
17
court
18
aboveentit1ed
19
Attorneys Ethan
20
appeared
21
Hassard Bonnington
for
cause
Witnesses
24
counsel
25
directions
26
its
27
verdict
thejury
to
special verdict
was
in
appeared
were sworn and instructed
special verdict
return
on
the
words and
BC432928
defendant
issues
figures
testified
Simon
John
Department
Greenstofle
and sworn
subtted
of the
LLP
Nelder
hearing the
and agreed
of
deliberated
to
try
the
evidence and arguments of
and the cause was submitted by the court Thejury
35
Court presiding
and Robert
to
and thereafter returned
and the answers given
thereto
as follows
28
ED1rnDoMENT0NspEc1VE ACC-EST-002351
ON
Crane Inc
impaneled
After
in
Eddins
Endiek
Barry
Attorneys for
2010
Judge of the Superior
from
Purdy
Stuart
persons was regularly
was duly
Related to
on October
Buckley
Daniel
Ronald Geist
LLP
for trial
regularly
Horn and
twelve jury of
22
on
the Honorable
plaintiff
BC430412
JUDGMENT SPECIAL VERDICT
vs
13
No
deemed
Plaintiff
12
23
Case
RONALD ALVIN OBIST
by
the jury with
to
court with
the jury which
We
submitted
questions
above
the jury in the to
action
entitled
find
the
following Special
on the
Verdict
us
ONNO1 gaskets and/or
or sell sbestoscontaifliflg
distribute
Did John Crane Inc manufacture packing
YES
you answered
if
NO
YES
ANSWER
Question
to
then
go
ONNO2 Did John Crane Inc.s
11
12
the time of
at
expected
to
If
15
Question
YES
NO
you answered
14
products
an ordinary perform as safely as
consumer would have
use
ANSWER
13
NO
then go to Question
Question
10
answered
If you
Question
to
to
jjNO
Question
If
then go to Question
you
answered
YES
to
then go to Question
16
17
ONNO3 Was Ronald
18
19
andlor
packing
answered
21
If
22
Question
24
you
Was packing
Mr
to
NO then go
Question
to
Question
If
substantial
Go
to
work with John
contributing
YES
factor
in
Crane
Incs
answered
sbestoscofltaifliflg
causing Ronald
Geists malignant
NO
Question
OSED1DGMENT0T ACC-EST-002351
you
NO
to
Question
Geists
ANSWER
27 28
go
to
gaskets
way
foreseeable
YES
YES
estoscofltain1ng
ON4
25
26
then
harmed while using John Crane Incs
reasonably
in
ANSWER
20
23
Geist
gaskets
and/or
mesothelioma
OUIESTION Did asbestoscontaining
known
or
knowable by
distribution
packing
have
knowledge
health
potential
available
that
risks
were
the time of manufacture
at
or sale
you answered
Question
and
the use of scientific
NO
YES
ANSWER If
gaskets
YES
then go
to
to
then
question
Question
go
to
Question
If
you
answered
NO
to
11
ONNO6 10
Did
11
ANSWER
the potential
you answered
12
if
13
Question
health
present
to
to
substantial
danger
the users of the product
to
NO
YES
YES
then go
risks
then go
question
to
Question
If
you
answered
NO
to
11
Question
14 15
IONNO.7
16
Would
17
ANSWER answered
18
If
19
Question
you
ordinary consumers
to
to
question
Question
failed to
recognize
then
to
the potentia
health
risks
NO
YES
YES
then go
have
go
Question
If
you
answered
NO
to
11
20 21
ONNO8
22
Did John Crane Inc
23
ANSWER you answered
24
If
25
Question
then
to adequately
to
to
question
Question
warn of
health
the potential
then
go
to
Question
If
you answered
11
26
27 28
OSEDT0N8PECIALVEJCT ACC-EST-002351
risks
NO
YES
YES go
fail
NO
to
NO9 Was and/or
If
Geist
Ronald
harmed while
reasonably
ANSWER
YES
you
YES
answered then
Question
go
to
gaskets
asbestoscofltaifliflg
NO then go
Question
to
John Crane Inc.s
way
foreseeable
in
packing
using
Question
to
10
If
NO
answered
you
to
11
Question
ONNO1Q 11
Go
factor
Geist
Ronald
in causing
harm
_NO
YES
ANSWER
10
substantial
the lack of warnings
Was
11
to Question
12
13
ONNO.11 Was
14 15
Crane Inc
John
gaskets
containing
ANSWER
16
If
18
Question
19
answered
20
answer
you
11
and/or packing
to
or supplying asbestos
manufacturing
Navy
the
11
Question
to
YES
and answered
NO
to
in designing
YES _NO
YES
answered
17
negligent
and
11
Question
to
then
go
to
OR
either Question
NO
12
If
10 go
you to
NO
answered
Question
11
If
to
you
and 10 stop here
to or did not answer Questions this juror sign and date
and have the presiding
no further questions
Question
form
21 22
NNO.l2 Was
23
such
24
malignant mesothleioma
23
ANSWER your answer
to
26
If
27
answer
28
further questions
is
NO
substantial
negligence
YES either Question
to or
you
and have
in
factor
contributing
Ronald
Geists
NO 10
did not answer
the presiding
OR
12
is
YES
Questions
10
then
answer
AND 12
date this juror sign and
POSED1DUMENT0NSPEd1ALV81CT ACC-EST-002351
causing
then
form
Question stop here
13
If
your
answer
no
IONNO13 Was
Ronald
Geist negligent
If
YES
you answered
Question
NO
YES
ANSWER
13
to Question
then
to
go
Question
14
If
you answered
NO
Was
Ronald
Geists
Question
12
YES
answered
11
you
14
continue
to
substantial
negligence
contributing
factor
in
causing
to Question
Question
14
15
continue
to Question
but do not assign
him
15
If
you answered
fault percentage of
16
13
14
15
16
ONNOJ5 What
are
Ronald Geists damages
Economic
Past
17
Medical
18
Ability
19
Loss
20
Lost Earnings
21
Ability
to
23
Physical
services
_Q_
oss
JUL_
provide household
noneconomic
Past
4_
provide household
Future Economic
22
any
if
expenses to
services
loss including
pain mental
suffering
of life disfigurement
24
enjoyment
25
Impairment
grief
26
humiliation
and emotional
loss
of
physical
inconvenience
anxiety
distress
27 28
IPROPOSED1 JUDGMENT ACC-EST-002351
his
harm
NO
YES
ANSWER If
to
15
ONNO14 10
go
ON SPECIAL VERDICT
in
NO
to
Question
Future non-economic
pain mental
Physical
exjoyment
loss
including
suffering
loss of
of life disfigurement
Impairment
physical
anxiety
grief inconvenience
XQ_
distress humiliation and emotional
TOTAL DAMAGES If
you
form
10
there
12
do not
answer
any more questions-sign
damage figure proceed
total
is
42Ai_
claims
to
Question
and return
this
percentage
of responsibility
for Ronald
verdict
No 16
NNOi6 What
11
all
no damage
answer If
for
Geists
harm do you
assign
to
the
following
Crane Ine
13
John
14
Ronald
15
US
16
Others
17
TOTAL
Geist
75
Navy
18
19
20
NNOd7 Do
you
find
or fraud
21
oppression
22
Crane Inc and
23
by
clear and convincing
in the conduct
in favor
ANSWER
that
John Crane Inc acted
base your upon which you
of Plaintiff Ronald
_YES
evidence
finding
of liability
Geist
NO
24 25
Dated October 20 2010
Is Juror ForeperSOfl
26 27 28
osED1mDcM.ENTLvE10T ACC-EST-002351
with
malice
against
John
It
judgment
appearing against
NOW of
future
defendant
Geist
$25000
shall
which
noneconomic
from October
John
THEREFORE
plaintiff Ronald
sum
by reason of
said
verdict
Ronald
plaintiff
Geist
have and recover from defendant John Crane
until
entitled
ORDERED ADJUDGED kND DECREED
IT IS
represents
is
to
Crane Inc
John
damages award
20 2010
special
Crane Inc.s
only with
paid in full
percent
interest
Further
at
plaintiff
share
Inc
in
damages
entitled to
percent
costs
per
of
annum
suit
in
amount of
11
12
Dated0 JUDGE OF THISUPE
ANL
13
14 15
16
17 18
19
20 21
22 23
24 25 26
27 28
PUSED1JUDGNT0NSPEC10T ACC-EST-002351
the
of the jurys $500000
the rate of 10
is
that
Og COURT
ICKLEV
the
STATE OF SOUTH CAROLINA
JUDGMENT
COUNTY OF GREENVILLE
CASE
IN TIlE
COURT OF COMMON
NO
3Q8D
PLEAS
Thomas
CHECK
CIViL CASE
IN
Firth vs
Agco Corporation
ONE JURY VERDICT
This
came before
action
court
the
for
The
byjury
trial
issues
have
tried
been
and
verdict
rendered
El
BY THE
DECISION
COURT
This and
El
ACTION DISMISSED SCRCP
El
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IT IS
Court
to
right
to
at
SCRCP
have
issues
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attached
El Rule
40I SCRCP
or
modif
arbitration
ben
41a
El Bankruptcy award
El Statement
order
of
Judgment by
this
Reporter
PRESIDING
This
was entered
judgment
of record
or
to
Kasse
John
Law L.LC Thede
P.O
John
Box
Columbia
At
1476
LIp 3232
as
At
SC 29202
Kassel
Eddins
Simon Avenue
Mckinney
L.
iv iJaui4
ACC-EST-0023520
se
VV
And
Suite
Greenstone
610
copy
JJDGE
mailed
Dallas
first
class
to
this
attorneys
follows
Bunch
Timothy
Leath
4v Wox
LLP P.O Box
4q
1476
SC 29202
TX 75204
CPF0R114M
pro
Columbia
John
Law L.LC P0 Box
Dean
Jessica
appearing
Kassel Attorney
Branhain Mcvey
Attorney
and
the
on
when
patties
tried or
________
________________________________
El See
South
The
court
El Other
confirm vacate
to
_______________________
Greenville
the
12b SCRCP
Settled
El Rule
restore
ORDERED AND ADJUDGED
before
hearing
rendered
CHECK REASON
_______________
Dated
or
trial
El Rule
43k
El Rule
subject
arbitration
decision
to
HEK REASON
Nonsuit
ACTION STRICKEN
came
action
59
Bouch
Charleston
kkttVk
Crawford
SC 29402
the
Court
heard
ChrIs Ip
IX
Al
IOREYS
InutLer
3232
hddin
Avenue
And Greeimton
Siute 610
illas
75204
VOR
TIlE PLAIN1
SCRP APP24/PORM
CORM4M
ACC-EST-002352
Smon
Mkinney
IFFS
All
ORNEYS
Paul
FOR
TIlE
EFEN1AN1S
Wicknsimr
Clerk
of Court
STATE OF SOUTH CAROLINA Thirteenth Judicial
COUNTY OF GREENVILLE Estelle
and
Firth individuaHy
of
Representative
the
Court of
in the
as
Circuit
Common
Pleas
Personal
VERDICT
EstatTn No
C/A
2OO8CP-23O9l86
Plaintiff
rn
Gartock Sealing Technologies
LLC
Defendant
We
the jury find by unanimous
was
negligence
____
answer
Jfyour
proximate
Yes
is
CªC .J3f
the
the
was negligent and
defendant
its
and damages
injuries
and award
actual
damages
that
have
been
of the evidence
i....
was
that
plaintiffs
No
at
jury by unanimous
defendant
of the
yes you shall consider
preponderance
proven by
We
____
consent
cause
consent
grossly negligent
actual
damages
for the
Survival
actual
damages
for the
Wrongful
actual
damages
for the
Loss
find
willful
by
clear
and convincing
or reckless
and
award
the
action
Death
action
of Consortium
evidence following
that
action
the
in punitive
damages
___
Yes
No
Punitive Damages
Perry Greenville
June
ACC-EST-0023522
SC
Z4 2009
CmpbeI
Foreperson
5 ACC-EST -0023523 ACC-EST-0023523
Plaintiffs
Jury Verdict Form
Proposed
Fortier
QUESTION NO Did
David
work with
Fortier
asbestoscontaining components
Answer
YES
or
or
around
AllisChalmers service
during
his
If
answered
in
the
Corporations
United
States
equipment
that
used
Navy
NO
ANSWER NO
YES
If
yes proceed
to
Question
you
NO
to
then sign and return the
Question
verdict
OUESTION NO Was
there
defect
STRICT LIABILITY in
design
of the AllisChalmers
perform as safely as an ordinary
Answer
YES
or
user would have
Corporation pumps
in
that the
pumps
failed
to
expected
NO
ANSWER YES
Proceed
to
Question
QUESTION NO Was
there
of the
defect
potential
YES
risks
or
YES
ACC-EST-0023524
to
which were
NO
ANSWER
Proceed
WARN
in the A1lisChalmers
by the Al1isChalmers
distribution
Answer
FAILURE TO
Question
Corporations
generally
known
Corporation
pumps
in
or knowable
that there was at
the
failure
to
warn
time of manufacture
or
OUESTION NO.4 POST SALE FAILURE TO Did of
its
Corporation breach
AllisChalmers
the
pumps
YES
Answer
the
after
sale of
initial
its
its
WARN
postsa1e duty
Mr
before
product but
to
warn
Mr
Fortier of the
Fortier stopped using
its
dangers
pumps
NO
or
ANSWER YES
If
you
answered
Yes
and
Questions
to
go
either Question
or
go
to
If
question
no
answered
you
to
Question
to
OUESTION NO Did any
such
defects
exist
when
A11is.Chalmers
Corporation or were
AllisCha1mers
Corporation
YES
Answer
or
Al1isChalmers
Corporations
changes
made
the products
then
to
to
pumps
left
reasonably
possession
of the
foreseeable
by the
NO
ANSWER YES
If
you answered then go
to
Yes
to
Question
go
If
Question
you answered
Question
OUESTION NO Was
the
Answer
defect
YES
substantial
or
NO
ANSWER YES
Proceed
ACC-EST-0023525
to
Question
NQ
contributing
factor in causing
Mr
Fortier
cancer
No
to
Question
QUESTION Was
NO NEGLIGENCE
the Al1isCha1mers
Answer
YES
or
Corporation negligent
NO
ANSWER YES
If
YES
you answered
both Question
and
number
Question
to
then
then
go
to
Question
If
you answered
NO
to
sign and return the verdict
QUESTION NO Was
the negligence
YES
Answer
or
substantial
contributing
factor in causing
Mr
YES
then
answer
no further questions
Fortier
cancer
NO
ANSWER YES
If
your answer
answer
is
to
NO
to
Question
either
Questions
sign and date
jury foreperson
to
and this
or
either
then
stop
form
QUESTION NO Is
David
Answer
Fortier
YES
estate
or
NO
ANSWER YES
If
ACC-EST-0023526
yes
in
what
entitled to
amount
damages
is
here
answer
Question
If
your
and have the
Reasonable
and Necessary Medical
Destruction
of Earning
Destruction
of Capacity to Enjoy
Compensation
and Funeral
Expenses
__________
Capacity
for the Death
_________ Lifes
Activities
__________
_________
Itself
________
Pain and Suffering
Proceed
to
10
Question
OUESTION NO.10 is
to
Fortier entitled
Gail
YES
Answer
or
for loss of
damages
consottium
NO
ANSWER NO
YES
If
yes
in what
amount
Past loss of consortium
Future loss of consortium
Proceed
Did
11
Plaintiff prove
Corporations injured
Answer
10
to Question
QUESTION NO
by
that
reckless
the product
YES
the
ACC-EST-0023527
harm
suffered
disregard
for the
including
Mr
or
ANSWER YES
__________
NO
by
safety
Fortier
Mr
Fortier
of product
was
the
result
of the AllisChalmers
users consumers
or others
who
were
PKIO1t
JAN
RECD
JOHN DEC
26
a-
2007
FLING WINDOW
CLE
CL
Aiy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES 10 ii
STEVEN PELLEY
13
vs
14
3M COMPANY
BC358812
Assigned to Departnient33
Plaintiffs
12
No
Case
Hon
Charles
Lee
JUDGMENT ON et
SPECIAL VERDICT
al Defendants
15 16 17
This cause came
18
on regularly for
19
aboveentitled
20
appeared
21
Greenstone
22
Robert Nelder of Fiassard
by
his
Honorable
attorneys
Christopher
LLP
jury
24
the
court
was
from the court the jury of twelve special verdict
Inc
22 2007
appeared
by
its
Steven
33 of the Pclley
Horn of Simon Eddins attorneys John Katerndahl
the
retired
and sworn
evdence to consider
Witnesses were
sworn and
the arguments of counsel its
form submitted the jury rendered
verdict
Upon
the following
27 28
ACC-EST-0023500
Department
Plaintiff
presiding
and Ethan
in
and
LLP
regularly imparieled hearing
Lee
Panatier
Bennington
After
on October
Charles
Defendant John Crane
the plaintiffs claims
the
trial
JUDGMENT ON SPECIAL VERDICT
testified
as to
and rnstructions
returning
and based on
special verdict
WE THE the
JURY
failed
find the following
action
special verdict
on
submitted to us
questions
QUESTION they
the aboveentitled
in
to
NO
Was
perform as safely
YES
Answer
there
as
defect
an ordinary
in design
of the John Crane products
user would
in that
have expected9
NO
or
NO
YES X______
Answer
PROCEED TO QUESTION 10
QUESTION NO.2 Was
11
warn of
12
failure
13
manufacture
14
to
the potential
there
risks
defect
in
which were
generally
Crane products
known
in that
or knowable
at
there
was
the time of
and distribution
Answer
YES
or
NO NO
YES
15
16
the John
Answer
______
17
YES
YOU ANSWERED
18
IF
19
QUESTION
20
TO QUESTION
IF
TO EITHER
YOU ANSWERED
NO TO BOTH
GO TO
OR
QUESTIONS
AND
QUESTIONS
GO
21 22
23
25
QUESTION NO
Did any such defect
possession
of John
Crane
foreseeable
to
John
Crane
Answer
YES
or
or
changes
that
were
the John
made
to
Crane products
the
products
NO YES
26
ACC-EST-002350
were
when
exist
27
Answer
28
ANSWER QUESTION
X_____
JUDGMENT ON SPECIAL VERDICT
NO
left
the
reasonably
QUESTiON
NO
foreseeable
reasonably
or
the John Crane products
used or misused
11
12
YOU ANSWERED
YES
was
NO
YOU ANSWERED
NO
QUESTION NO
Was
THEN GO TO QUESTION
TO QUESTION
TO QUESTION
the defect
IF
THEN GO TO QUESTION
substantial
contributing
factor in causing
Steven
Pelleys malignant mesothelioma
YES
Answer
or
NO NO
YES
13
14
that
X_____
Answer
10
way
NO YES
IF
in
John Crane
to
YES
Answer
Were
X______
Answer
15
16
PROCEED TO QUESTION NO.6
17
18
QUESTION
19
Answer
NO
YES
or
Was
defendant
NO NO
YES
20 21
John Crane negligent
Answer
X_____
22 IF
YOU ANSWERED
YOU ANSWERED 2S
27
ACC-EST-0023502
YES
NO TO QUESTIONS
VERDICT
IF
YOU ANSWERED
VERDICT
IF
YOU ANSWERED
QUESTION
TO QUESTION
12 AND
THEN GO TO QUESTION
IF
THEN SiGN AND RETURN THE
NO TO AND THEN SIGN AND RETURN THE NO TO QUESTION BUT ANSWERED YES TO
NO.500 TO QUESTION
IPROPOSEDJ JUDGMENT ON SPECIAL
VERDICT
QUESTION Steven
NO
Was
the
substantial
negligence
contributing
factor in causing
Pelleys malignant mesothehoma9
Answer
YES
or
NO NO
YES X______
Answer
IF
OR
YOU ANSWER TO EITHER QUESTION
QUESTION
IF
YOUR ANSWER
IS
IS
YES THEN
NO TO QUESTIONS
ANSWER
THEN STOP
AND
HERE ANSWER NO FURTHER QUESTIONS AND HAVE THE JURY FOREPERSON 10
12
SIGN
AND DATE
THIS
QUESTION
NO
FORM
13
What do you
14
noneconomic damages
15
mesothelioma
find to be
the total
if
any
amount
of damages including
sustained
by Steven Pelley
as
economic result
and of his
16
17
PastMedicalBills
18
Future
19
NonEconomic
Medical
225806A2 66741836
Bills
Damages
$10000000
00
$10893244
48
20 21
TOTAL DAMAGES
for
all
claims
22
23 24 FJ25
IF
SIGN
YOU ANSWER AND RETURN
NO DAMAGF THIS
PROCEED TO QUESTION
VERDICT
DO NOT ANSWER ANY MORE QUESTIONS FORM
IF
THERE
IS
NO.9
26 27 28
ACC-EST-0023503 IPROPOSEDI
JUDGMENT ON
SPECIAL
VERDiCT
DAMAGE FIGURE
QUESTION plaintiffs
listed
injury
NO
what
Assuming
that
of the
percentage
100%
100%
represents
if
the total fault that
any was due
was
to the fault
the cause
of the
of
entities
below 25
John Crane Peerless
15
Floway
15
Certainteed American Standard
General Electric
Westinghouse
Siemens Chrysler Bendix Borg Warner
Clark
and Hyster
Toyota
________
25
10
Garlock
_10
ii
Goodyear
_l0
12
TOTAL
_100
13
QUESTION
14
15
was
16
liability
guilty
10
Do
of malice oppression
in favor
Answer
17
NO
you
find by clear and convincing
or fraud in the conduct
evidence
YES
or
NO NO
YES x_____ ______
Answer
20 21
Please
22
Dated
sign and return
this
verdict
Brian OHalloran
12/7/07
ri
27 28
ACC-EST-0023504
JUDGMENT
John Crane
upon which you base your
of plaintiff Steven Pelley
18
19
that
ON SPECIAL VERDICT
finding
of
THEREAFTER
court the jury of twelve
questions
the jury
in
the
submitted to
us
Steven
aboveentitled
NO
QUESTION
to consider
What
its
action
amount of
testified
to
as
the
Upon
verdict
the
following
find
punitive
the
plaintiffs
punitive
from
and instructions
arguments of counsel
the
the jury rendered
form submitted
special verdict
We
retired
and
sworn
After hearing the evidence
damage claims the
witness was
returning and based on the
special verdict
following
damages
Special
Verdict
any do you
if
on the
award
Mr
Pelley
1500000 10
11
Brian OHalloran
Dated 12/11/07
JURY FOREPERSON
13
14
THEREFORE
15
16
judgment
17
and that
is
entered
plaintiffs
in the
HEREBY ORDERED ADJUDGED AND DECREED
of plaintiff Steven Pelley and against
in favor
shall take the
rate often percent per
costs
IT IS
annum
sum of$ 4696256
defendant John Crane
from John Crane
from date of the entry of
this
Inc unti1
judgment
with
interest
paid together
that
Inc at
with
amount of $_______________
Dated
JUDGE OF THE SUPERIOR COURT CHARLES Respectfilly
13ri
submitted
LEES
by
Baow SBN 177906 GREENTONE
SIMON EDDINS
LLP
Ocean Boulevard Suite 1950 i.n eac.h Caiforni 301
Fek1Thon
Iaeimne
nu1 ACC-EST-0023505
bi
5o
UO
53iOO
594
ro.isgLiw
.m JUDGMENT
ON SPECIAL VERDICT
JUt
the
PROOF OF SERVICE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES am
II
Suite
On
the date
forth
set
ant
sealed
action by placing parties in this addressed and sent as follows
true
interested
all
envelopes
Courit\
documents
eighteen
Blvd
Ocean
California
as
described
ON SPECIAL VERDICT
IPROPOSED JUDGMENT On
employed
served the foregoing
below
\tgc
i.o
over
ti
iddi
1-i
California
am
oF Caiithrnia
State
Angeles
to
Beach
1950 Lone
of Los
ceunt
the
ii
employed and no years of age
thereof
copy
in
enclosed
JOHN CRANE INC 10
Hamblett
Robert Robert
Nelder
HASSARI BONNINGTON LLP
111
bicatto
wo 12
enter
ot
ii
14
\X
13.\
\1
auseI ucb
-\
Caliirna 15
16
jh
postage
envctcpeL
thereon
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to
be
to
th
the
thaI
the
in
deposited
prepaid
iPi
ffll
\L
11
4l5-2889802
oirc ith
more
service
than
onc
is
prcsiniied
-my
alier
jXX BY FACSIMILE
uk
caused
number of
facsimile
the
the offices
postal eance Ilutiun deost for mailin
if
om
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in
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deposiled correspondence formai1in It course 0i husncss am aware slme day in the ordinar\ dit.l
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5..2Si- 800
lclcohone
Icmile
13
1800
Suite
thoin.i
Scr\ ice on
ion
mat or postage
dl
ot
meler
party date
acldavt
courtesy copy to be transmitted of the addressees as indicated
by facsimile
to
the
above
19
BY FEDERAL EXPRESS 20 21
express declare
above 22
for next day
under penalty
by
am
to the
to
offices
of perjury under the laws of the
is
this
26th
day of
December
2007
JUDGMENT
at
be transmitted by federal of the addressees
State
true and correct Executed
ACC-EST-0023506
delivery
caused such envelope
1030
Long Beach
ON SPECIAL VERDICT
of California that the
Jury Verdict Form
QUESTION
NO 1a
YES
Answer
Did
GriscomRusse1
1b
Did
Elliot
1c
Did John
1d
Did Garlock design
defective
design
product
or
ANSWER NO
YES
QUESTION NO Answer
YES
design
defective
product
or
ANSWER YES
QUESTION NO Answer
YES
Crane design
defective
product
or
ANSWER YES
QUESTION NO Answer
YES
or
NO
ANSWER YES
Proceed
ACC-EST-0023507
to
Question
NO
defective
product
ACC-EST -0023508 ACC-EST-0023508
5
tiffsProosedJuFOier OUESTION NO Did David
work with
Fortier
or
asbestoscontaining components
YES
Answer
during
service
his
in
Corporations States
the United
equipment
used
that
Navy
or
NO
YES
If
AllisChalmers
around
yes proceed
to
If
Question
you answered
NO
to
Question
then
sign and
return the
verdict
QiflQN NQiImCikjAfflLIT Was
there
defect
in design
of the A11isCha1mers
perform as safely as an ordinary
YES
Answer
user would
have
Corporation pumps in that the pumps
failed
to
expected
or
ANSWER NO
YES
Pro ceed
to
Question
QflON Was
there
of the
FAIL
defect
potential
1JJMiQiN
in the A11isCha1mers
risks
which were
distribution by the A11isCha1mers
Answer
YES
or
ANSWER YES
Proceed
ACC-EST-0023509
to
Question
Corporations
generally
known
Corporation
pumps
in that
or knowable
at
there was
failure
to
warn
the time of manufacture
or
4PQ4LMJJ1QiYi
QSflONN Did of
Corporation breach
the AllisCha1mers
its
YES
Answer
the initial sale
after
pumps
of
its
postsale duty
its
product
but
before
Mr
warn
to
Mr
Fortier of the
Fortier stopped using
its
dangers
pumps
NO
or
ANSWER YES
If
Yes
you answered
and
Questions
to
go
to
either Question
or
go
to
If
question
no
you answered
to
Question
OUESTION NO Did any such
defects
exist
when
AllisChalmers
Corporation or were
AllisCha1mers
Corporation
YES
Answer
or
AllisChalmers
Corporations
changes
made
then
to
to
the products
pumps
left
reasonably
possession
of the
foreseeable
by the
NO
ANSWER YES
If
you answered then go
to
Yes
to
Question
go
If
Question
you answered
Question
OUESTION NO Was
the
Answer
defect
YES
substantial
or
NO
ANSWER YES
Proceed
ACC-EST-002351
to
Question
NO
contributing
factor in causing
Mr
Fortier
cancer
No
to
Question
ONNOGENCE Was
the AllisChalmers
YES
Answer
Corporation negligent
or
ANSWER NO
YES
If
YES
you answered
and
both Question
number
Question
to
then
go
to
Question
If
you
answered
NO
to
then sign and return the verdict
OUESTION NO Was
substantial
the negligence
YES
Answer
or
contributing
factor in causing
Mr
Fortier
cancer
NO
ANSWER YES
If
your answer
answer
is
to
NO
either
to Questions
either
and
sign and date this
jury foreperson
to
Question
then
form
OUESTION NO Is
David
Answer
Fortiers
YES
estate
entitled
or
ANSWER YES
If
ACC-EST-002351
yes
in
what
NQ
amount
to
damages
or
is
stop here
YES answer
then
answer
Question
no further questions
If
your
and have the
Reasonable
and Necessary Medical
Destruction
of Earning
Destruction
of Capacity
Compensation
and Funeral
Expenses
__________
Capacity
to
Enjoy
for the Death
Lifs
Activities
_________
itself
_____
Pain and Suffering
Proceed
10
to Question
QUESTION Is
________
NO 10
Gail Fortier entitled
YES
Answer
or
to
for loss of consortium
damages
NO
ANSWER YES
If
yes
in
what
amount
Past loss of consortium
Future
Proceed
to
loss
of consortium
______
Question 10
QUESTION NO.11 Did
Plaintiff
Corporations injured
Answer
prove that the reckless
by the product
YES
ACC-EST-002351
suffered
disregard
for the
including
Mr
or
ANSWER YES
harm
NO
by
safety
Fortier
Mr
Fortier
of product
was
the
result
of the A1IisChalmers
users consumers
or others
who
were
ORIGINAL FILED NOV
OF CAUFORNIk
COURT
SUPERIOR
ANGLES
LOS
COUNTY
SUPERiOR COURT OF
15Z010
STATE OF CALIFORNIA
TIlE
FOR THE COUNTY OF LOS ANGELES 10 11
came
This action
17
court
18
aboveentit1ed
19
Attorneys Ethan
20
appeared
21
Hassard Bonnington
for
cause
Witnesses
24
counsel
25
directions
26
its
27
verdict
thejury
to
special verdict
was
in
appeared
were sworn and instructed
special verdict
return
on
the
words and
BC432928
defendant
issues
figures
testified
Simon
John
Department
Greenstofle
and sworn
subtted
of the
LLP
Nelder
hearing the
and agreed
of
deliberated
to
try
the
evidence and arguments of
and the cause was submitted by the court Thejury
35
Court presiding
and Robert
to
and thereafter returned
and the answers given
thereto
as follows
28
ED1rnDoMENT0NspEc1VE ACC-EST-002351
ON
Crane Inc
impaneled
After
in
Eddins
Endiek
Barry
Attorneys for
2010
Judge of the Superior
from
Purdy
Stuart
persons was regularly
was duly
Related to
on October
Buckley
Daniel
Ronald Geist
LLP
for trial
regularly
Horn and
twelve jury of
22
on
the Honorable
plaintiff
BC430412
JUDGMENT SPECIAL VERDICT
vs
13
No
deemed
Plaintiff
12
23
Case
RONALD ALVIN OBIST
by
the jury with
to
court with
the jury which
We
submitted
questions
above
the jury in the to
action
entitled
find
the
following Special
on the
Verdict
us
ONNO1 gaskets and/or
or sell sbestoscontaifliflg
distribute
Did John Crane Inc manufacture packing
YES
you answered
if
NO
YES
ANSWER
Question
to
then
go
ONNO2 Did John Crane Inc.s
11
12
the time of
at
expected
to
If
15
Question
YES
NO
you answered
14
products
an ordinary perform as safely as
consumer would have
use
ANSWER
13
NO
then go to Question
Question
10
answered
If you
Question
to
to
jjNO
Question
If
then go to Question
you
answered
YES
to
then go to Question
16
17
ONNO3 Was Ronald
18
19
andlor
packing
answered
21
If
22
Question
24
you
Was packing
Mr
to
NO then go
Question
to
Question
If
substantial
Go
to
work with John
contributing
YES
factor
in
Crane
Incs
answered
sbestoscofltaifliflg
causing Ronald
Geists malignant
NO
Question
OSED1DGMENT0T ACC-EST-002351
you
NO
to
Question
Geists
ANSWER
27 28
go
to
gaskets
way
foreseeable
YES
YES
estoscofltain1ng
ON4
25
26
then
harmed while using John Crane Incs
reasonably
in
ANSWER
20
23
Geist
gaskets
and/or
mesothelioma
OUIESTION Did asbestoscontaining
known
or
knowable by
distribution
packing
have
knowledge
health
potential
available
that
risks
were
the time of manufacture
at
or sale
you answered
Question
and
the use of scientific
NO
YES
ANSWER If
gaskets
YES
then go
to
to
then
question
Question
go
to
Question
If
you
answered
NO
to
11
ONNO6 10
Did
11
ANSWER
the potential
you answered
12
if
13
Question
health
present
to
to
substantial
danger
the users of the product
to
NO
YES
YES
then go
risks
then go
question
to
Question
If
you
answered
NO
to
11
Question
14 15
IONNO.7
16
Would
17
ANSWER answered
18
If
19
Question
you
ordinary consumers
to
to
question
Question
failed to
recognize
then
to
the potentia
health
risks
NO
YES
YES
then go
have
go
Question
If
you
answered
NO
to
11
20 21
ONNO8
22
Did John Crane Inc
23
ANSWER you answered
24
If
25
Question
then
to adequately
to
to
question
Question
warn of
health
the potential
then
go
to
Question
If
you answered
11
26
27 28
OSEDT0N8PECIALVEJCT ACC-EST-002351
risks
NO
YES
YES go
fail
NO
to
NO9 Was and/or
If
Geist
Ronald
harmed while
reasonably
ANSWER
YES
you
YES
answered then
Question
go
to
gaskets
asbestoscofltaifliflg
NO then go
Question
to
John Crane Inc.s
way
foreseeable
in
packing
using
Question
to
10
If
NO
answered
you
to
11
Question
ONNO1Q 11
Go
factor
Geist
Ronald
in causing
harm
_NO
YES
ANSWER
10
substantial
the lack of warnings
Was
11
to Question
12
13
ONNO.11 Was
14 15
Crane Inc
John
gaskets
containing
ANSWER
16
If
18
Question
19
answered
20
answer
you
11
and/or packing
to
or supplying asbestos
manufacturing
Navy
the
11
Question
to
YES
and answered
NO
to
in designing
YES _NO
YES
answered
17
negligent
and
11
Question
to
then
go
to
OR
either Question
NO
12
If
10 go
you to
NO
answered
Question
11
If
to
you
and 10 stop here
to or did not answer Questions this juror sign and date
and have the presiding
no further questions
Question
form
21 22
NNO.l2 Was
23
such
24
malignant mesothleioma
23
ANSWER your answer
to
26
If
27
answer
28
further questions
is
NO
substantial
negligence
YES either Question
to or
you
and have
in
factor
contributing
Ronald
Geists
NO 10
did not answer
the presiding
OR
12
is
YES
Questions
10
then
answer
AND 12
date this juror sign and
POSED1DUMENT0NSPEd1ALV81CT ACC-EST-002351
causing
then
form
Question stop here
13
If
your
answer
no
IONNO13 Was
Ronald
Geist negligent
If
YES
you answered
Question
NO
YES
ANSWER
13
to Question
then
to
go
Question
14
If
you answered
NO
Was
Ronald
Geists
Question
12
YES
answered
11
you
14
continue
to
substantial
negligence
contributing
factor
in
causing
to Question
Question
14
15
continue
to Question
but do not assign
him
15
If
you answered
fault percentage of
16
13
14
15
16
ONNOJ5 What
are
Ronald Geists damages
Economic
Past
17
Medical
18
Ability
19
Loss
20
Lost Earnings
21
Ability
to
23
Physical
services
_Q_
oss
JUL_
provide household
noneconomic
Past
4_
provide household
Future Economic
22
any
if
expenses to
services
loss including
pain mental
suffering
of life disfigurement
24
enjoyment
25
Impairment
grief
26
humiliation
and emotional
loss
of
physical
inconvenience
anxiety
distress
27 28
IPROPOSED1 JUDGMENT ACC-EST-002351
his
harm
NO
YES
ANSWER If
to
15
ONNO14 10
go
ON SPECIAL VERDICT
in
NO
to
Question
Future non-economic
pain mental
Physical
exjoyment
loss
including
suffering
loss of
of life disfigurement
Impairment
physical
anxiety
grief inconvenience
XQ_
distress humiliation and emotional
TOTAL DAMAGES If
you
form
10
there
12
do not
answer
any more questions-sign
damage figure proceed
total
is
42Ai_
claims
to
Question
and return
this
percentage
of responsibility
for Ronald
verdict
No 16
NNOi6 What
11
all
no damage
answer If
for
Geists
harm do you
assign
to
the
following
Crane Ine
13
John
14
Ronald
15
US
16
Others
17
TOTAL
Geist
75
Navy
18
19
20
NNOd7 Do
you
find
or fraud
21
oppression
22
Crane Inc and
23
by
clear and convincing
in the conduct
in favor
ANSWER
that
John Crane Inc acted
base your upon which you
of Plaintiff Ronald
_YES
evidence
finding
of liability
Geist
NO
24 25
Dated October 20 2010
Is Juror ForeperSOfl
26 27 28
osED1mDcM.ENTLvE10T ACC-EST-002351
with
malice
against
John
It
judgment
appearing against
NOW of
future
defendant
Geist
$25000
shall
which
noneconomic
from October
John
THEREFORE
plaintiff Ronald
sum
by reason of
said
verdict
Ronald
plaintiff
Geist
have and recover from defendant John Crane
until
entitled
ORDERED ADJUDGED kND DECREED
IT IS
represents
is
to
Crane Inc
John
damages award
20 2010
special
Crane Inc.s
only with
paid in full
percent
interest
Further
at
plaintiff
share
Inc
in
damages
entitled to
percent
costs
per
of
annum
suit
in
amount of
11
12
Dated0 JUDGE OF THISUPE
ANL
13
14 15
16
17 18
19
20 21
22 23
24 25 26
27 28
PUSED1JUDGNT0NSPEC10T ACC-EST-002351
the
of the jurys $500000
the rate of 10
is
that
Og COURT
ICKLEV
the
STATE OF SOUTH CAROLINA
JUDGMENT
COUNTY OF GREENVILLE
CASE
IN TIlE
COURT OF COMMON
NO
3Q8D
PLEAS
Thomas
CHECK
CIViL CASE
IN
Firth vs
Agco Corporation
ONE JURY VERDICT
This
came before
action
court
the
for
The
byjury
trial
issues
have
tried
been
and
verdict
rendered
El
BY THE
DECISION
COURT
This and
El
ACTION DISMISSED SCRCP
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to
right
to
at
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have
issues
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attached
El Rule
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or
modif
arbitration
ben
41a
El Bankruptcy award
El Statement
order
of
Judgment by
this
Reporter
PRESIDING
This
was entered
judgment
of record
or
to
Kasse
John
Law L.LC Thede
P.O
John
Box
Columbia
At
1476
LIp 3232
as
At
SC 29202
Kassel
Eddins
Simon Avenue
Mckinney
L.
iv iJaui4
ACC-EST-0023520
se
VV
And
Suite
Greenstone
610
copy
JJDGE
mailed
Dallas
first
class
to
this
attorneys
follows
Bunch
Timothy
Leath
4v Wox
LLP P.O Box
4q
1476
SC 29202
TX 75204
CPF0R114M
pro
Columbia
John
Law L.LC P0 Box
Dean
Jessica
appearing
Kassel Attorney
Branhain Mcvey
Attorney
and
the
on
when
patties
tried or
________
________________________________
El See
South
The
court
El Other
confirm vacate
to
_______________________
Greenville
the
12b SCRCP
Settled
El Rule
restore
ORDERED AND ADJUDGED
before
hearing
rendered
CHECK REASON
_______________
Dated
or
trial
El Rule
43k
El Rule
subject
arbitration
decision
to
HEK REASON
Nonsuit
ACTION STRICKEN
came
action
59
Bouch
Charleston
kkttVk
Crawford
SC 29402
the
Court
heard
ChrIs Ip
IX
Al
IOREYS
InutLer
3232
hddin
Avenue
And Greeimton
Siute 610
illas
75204
VOR
TIlE PLAIN1
SCRP APP24/PORM
CORM4M
ACC-EST-002352
Smon
Mkinney
IFFS
All
ORNEYS
Paul
FOR
TIlE
EFEN1AN1S
Wicknsimr
Clerk
of Court
STATE OF SOUTH CAROLINA Thirteenth Judicial
COUNTY OF GREENVILLE Estelle
and
Firth individuaHy
of
Representative
the
Court of
in the
as
Circuit
Common
Pleas
Personal
VERDICT
EstatTn No
C/A
2OO8CP-23O9l86
Plaintiff
rn
Gartock Sealing Technologies
LLC
Defendant
We
the jury find by unanimous
was
negligence
____
answer
Jfyour
proximate
Yes
is
CªC .J3f
the
the
was negligent and
defendant
its
and damages
injuries
and award
actual
damages
that
have
been
of the evidence
i....
was
that
plaintiffs
No
at
jury by unanimous
defendant
of the
yes you shall consider
preponderance
proven by
We
____
consent
cause
consent
grossly negligent
actual
damages
for the
Survival
actual
damages
for the
Wrongful
actual
damages
for the
Loss
find
willful
by
clear
and convincing
or reckless
and
award
the
action
Death
action
of Consortium
evidence following
that
action
the
in punitive
damages
___
Yes
No
Punitive Damages
Perry Greenville
June
ACC-EST-0023522
SC
Z4 2009
CmpbeI
Foreperson
5 ACC-EST -0023523 ACC-EST-0023523
Plaintiffs
Jury Verdict Form
Proposed
Fortier
QUESTION NO Did
David
work with
Fortier
asbestoscontaining components
Answer
YES
or
or
around
AllisChalmers service
during
his
If
answered
in
the
Corporations
United
States
equipment
that
used
Navy
NO
ANSWER NO
YES
If
yes proceed
to
Question
you
NO
to
then sign and return the
Question
verdict
OUESTION NO Was
there
defect
STRICT LIABILITY in
design
of the AllisChalmers
perform as safely as an ordinary
Answer
YES
or
user would have
Corporation pumps
in
that the
pumps
failed
to
expected
NO
ANSWER YES
Proceed
to
Question
QUESTION NO Was
there
of the
defect
potential
YES
risks
or
YES
ACC-EST-0023524
to
which were
NO
ANSWER
Proceed
WARN
in the A1lisChalmers
by the Al1isChalmers
distribution
Answer
FAILURE TO
Question
Corporations
generally
known
Corporation
pumps
in
or knowable
that there was at
the
failure
to
warn
time of manufacture
or
OUESTION NO.4 POST SALE FAILURE TO Did of
its
Corporation breach
AllisChalmers
the
pumps
YES
Answer
the
after
sale of
initial
its
its
WARN
postsa1e duty
Mr
before
product but
to
warn
Mr
Fortier of the
Fortier stopped using
its
dangers
pumps
NO
or
ANSWER YES
If
you
answered
Yes
and
Questions
to
go
either Question
or
go
to
If
question
no
answered
you
to
Question
to
OUESTION NO Did any
such
defects
exist
when
A11is.Chalmers
Corporation or were
AllisCha1mers
Corporation
YES
Answer
or
Al1isChalmers
Corporations
changes
made
the products
then
to
to
pumps
left
reasonably
possession
of the
foreseeable
by the
NO
ANSWER YES
If
you answered then go
to
Yes
to
Question
go
If
Question
you answered
Question
OUESTION NO Was
the
Answer
defect
YES
substantial
or
NO
ANSWER YES
Proceed
ACC-EST-0023525
to
Question
NQ
contributing
factor in causing
Mr
Fortier
cancer
No
to
Question
QUESTION Was
NO NEGLIGENCE
the Al1isCha1mers
Answer
YES
or
Corporation negligent
NO
ANSWER YES
If
YES
you answered
both Question
and
number
Question
to
then
then
go
to
Question
If
you answered
NO
to
sign and return the verdict
QUESTION NO Was
the negligence
YES
Answer
or
substantial
contributing
factor in causing
Mr
YES
then
answer
no further questions
Fortier
cancer
NO
ANSWER YES
If
your answer
answer
is
to
NO
to
Question
either
Questions
sign and date
jury foreperson
to
and this
or
either
then
stop
form
QUESTION NO Is
David
Answer
Fortier
YES
estate
or
NO
ANSWER YES
If
ACC-EST-0023526
yes
in
what
entitled to
amount
damages
is
here
answer
Question
If
your
and have the
Reasonable
and Necessary Medical
Destruction
of Earning
Destruction
of Capacity to Enjoy
Compensation
and Funeral
Expenses
__________
Capacity
for the Death
_________ Lifes
Activities
__________
_________
Itself
________
Pain and Suffering
Proceed
to
10
Question
OUESTION NO.10 is
to
Fortier entitled
Gail
YES
Answer
or
for loss of
damages
consottium
NO
ANSWER NO
YES
If
yes
in what
amount
Past loss of consortium
Future loss of consortium
Proceed
Did
11
Plaintiff prove
Corporations injured
Answer
10
to Question
QUESTION NO
by
that
reckless
the product
YES
the
ACC-EST-0023527
harm
suffered
disregard
for the
including
Mr
or
ANSWER YES
__________
NO
by
safety
Fortier
Mr
Fortier
of product
was
the
result
of the AllisChalmers
users consumers
or others
who
were
