Asbestos Product Liability Complaint 3

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Third Amended Complaint at Law and Jury Demand (Consolidation of Matters 08-L-005658 and 08-L-006223)

/s/ Laura Cabutto, Attorneys for Plaintiff, Penn Rakauski, Steven R. Penn #28335, 927 Main Street, Racine, WI 53403, Tel: (262) 636-0036, Simon, Eddins & Greenstone, LLP, Laura Cabutto, SBN #00797102, 3232 McKinney Avenue, Suite 610, Dallas, Texas 75204, Tel: (214) 276-7680.

In Re: Asbestos Litigation

NOW COMES the Plaintiff, EVA MULCAHY, individually and as special administrator of the Heirs and Estate of JOHN MULCAHY, Deceased, by and through her attorneys, PENN RAKAUSKI and SIMON EDDINS & GREENTONE, L.L.P., and files her Third Amended Complaint at Law and Jury Demand (Consolidation of Matters 08-L-005658 and 08-L-006223) against Defendants 3M Company a/k/a Minnesota Mining & Manufacturing Company; Armstrong International, Inc.; Aurora Pump Company; BW/IP International, Inc., individually and as successor-in-interest to Byron Jackson Pump Company; Clark-Reliance Corporation (individually and as successor-in-interest to Jerguson Gage & Valve Company); Crane Co.; Crosby Valve, Inc.; Crown Cork & Seal Co., Inc. (sued individually and as successor-in-interest to Mundet Cork Company); Excelsior, Inc.; Flowserve Corporation (sued individually and as successor-in-interest to Byron Jackson Pumps and Edward Valve, Inc.); Foster Wheeler Corporation; Garlock Sealing Technologies, L.L.C. (sued individually and as successor-in-interest to Garlock Inc.); Goulds Pumps, Inc.; Icon Management Systems, L.L.C. (sued individually and as successor-in-interest to Jerguson Gauge & Valve Company); IMO Industries (sued individually and as successor-in-interest to DeLaval Turbine and C.H. Wheeler); Ingersoll-Rand Co.; Jerguson Gage & Valve Company; Metropolitan Life Insurance Company; Velan Valve Corp.; Viking Pump, Inc.; Warren Pumps L.L.C.; Weir Valve & Controls f/k/a Atwood & Morrill; The William Powell Company; Yarway Corporation; Buffalo Pumps, Inc., General Electric Company, Henry Technologies, Inc. (sued individually and as successor-in-interest to Henry Valve Co.), and John Crane, Inc. and alleges as follows:

GENERAL ALLEGATIONS
PLAINTIFF

1. The Plaintiff, EVA MULCAHY, currently resides in the State of Illinois, and, during all relevant times and during all relevant exposure periods resided in the town of Romeoville, County of Will, Illinois.

2. Plaintiff's Decedent JOHN MULCAHY at all relevant times resided in the towns of Chicago, County of Cook, Illinois, and Romeoville, County of Will, Illinois, with the exception of his time in the Navy.

3. Plaintiff's Decedent JOHN MULCAHY served aboard the USS Shannon (DD-737/DM-25/MMD-25) as a boiler tender third class, serial no. 3024968, from approximately 1948 through 1952. As such, Plaintiff's Decedent used on a regular basis and was in the vicinity of others who used and handled on a regular basis asbestos-containing products, components and/or equipment with asbestos-containing Buffalo Pumps, asbestos-containing Armstrong steam traps, asbestos-containing Aurora pumps, asbestos-containing Byron-Jackson pumps, asbestos-containing Jerguson boiler gauge glass (for which Clark-Reliance Corporation and Icon Management Systems, LLC, have been sued as manufacturers and/or successors-in-interest to Jerguson Gage & Valve Company), asbestos-containing Crane Valves, asbestos-containing Crosby Valves, asbestos-containing Crown Cork & Seal Mundet block insulation, asbestos-containing Excelsior gaskets, asbestos-containing Edward Valves, asbestos-containing Garlock gaskets and packing, asbestos-containing General Electric turbines and generators, asbestos-containing Goulds pumps, asbestos-containing DeLaval turbines and pumps, asbestos-containing C.H. Wheeler air ejectors, asbestos-containing Ingersoll-Rand pumps, asbestos-containing Mueller Valves, asbestos-containing William Powell Valves, asbestos-containing Velan Valves and steam traps, asbestos-containing Viking Pumps and Valves; asbestos-containing Warren Pumps, asbestos-containing Atwood & Morrill Valves, asbestos-containing Yarway steam traps, asbestos-containing Henry Valves, asbestos-containing John Crane gaskets and packing, and asbestos-containing Griscom-Russell distilling plants and fuel oil heaters. Decedent was regularly exposed to and inhaled asbestos from these products, which were located aboard the USS Shannon (DD-737/DM-25/MMD-25) and used for their intended purposes.

Plaintiff's Decedent JOHN MULCAHY also worked from approximately April 1952 through February 1988 for Commonwealth Edison in Illinois. From approximately April 30, 1952, through September 18, 1961, Decedent worked as a boiler cleaner at the Crawford Generating Station located in Chicago, Illinois. Decedent was in the proximity of others on a regular basis who worked with asbestos-containing products, components and/or equipment such as asbestos-containing General Electric turbines, asbestos-containing Foster Wheeler pumps, asbestos-containing Ingersoll-Rand pumps, asbestos-containing Garlock gaskets and packing, asbestos-containing Crane valves, asbestos-containing Edward valves, asbestos-containing Crosby valves, and asbestos-containing Henry valves, and asbestos-containing John Crane gaskets and packing. Decedent was regularly exposed to and inhaled asbestos from these products, which were used for their intended purposes in association with piping and equipment at the Crawford Station.

From approximately September 1961 through December 1964, Plaintiff's Decedent JOHN MULCAHY worked as a helper/boiler mechanic at the Commonwealth Edison Ridgeland Station in Cook County, Illinois, where he worked with and was in the proximity of others working with asbestos-containing products, components and equipment such as asbestos-containing John Crane gaskets and packing, asbestos-containing Garlock gaskets and packing, asbestos-containing Crane valves, asbestos-containing Edward valves, asbestos-containing Crosby valves, and asbestos-containing Henry valves. Decedent was regularly exposed to and inhaled asbestos from these products, which were used for their intended purposes in association with piping and equipment at the Ridgeland Station.

Plaintiff's Decedent JOHN MULCAHY worked from approximately December 1964 through February 1988 at the Commonwealth Edison Will County Generating Station in Romeoville, County of Will, Illinois, and on a regular basis at this site from approximately December 1964 through February 1978 where he worked with and was in the proximity of others who used and handled asbestos-containing generators, heaters, condensers, and pumps; asbestos-containing Crane Co. valves; asbestos-containing General Electric generators and turbines; asbestos-containing Foster Wheeler pumps; asbestos-containing C.H. Wheeler pumps; asbestos-containing Byron-Jackson pumps; asbestos-containing Crosby valves; asbestos-containing Edward valves; asbestos-containing Garlock gaskets and packing; asbestos-containing Henry valves; asbestos-containing John Crane gaskets and packing; asbestos-containing Ingersoll-Rand air compressors and pumps; asbestos-containing Gardner Denver air compressors; asbestos-containing Armstrong International steam traps; asbestos-containing Yarway Corporation valves; asbestos-containing Goulds Pumps pumps; asbestos-containing Delaval pumps; asbestos-containing Foster Wheeler condensers, as a helper/boiler mechanic/senior mechanic/maintenance foreman. Decedent was regularly exposed to and inhaled asbestos from these asbestos-containing products, components, and/or equipment, which were used in association with the equipment at the Will County Station for their intended purposes.

4. The above-alleged exposures to asbestos have directly and proximately caused Plaintiff's Decedent JOHN MULCAHY's injury in the form of malignant mesothelioma, with which he was diagnosed in August 2007.

5. As a direct and proximate result of his malignant mesothelioma, Plaintiff's Decedent JOHN MULCAHY died on September 21, 2007.

6. The wrongful acts and/or omissions of the Defendants described in further detail below directly and proximately caused the development of Plaintiff's Decedent's JOHN MULCAHY asbestos-caused cancer and his subsequent death.

7. Plaintiff's Decedent JOHN MULCAHY had severe shocks to the nervous and respiratory systems, became sick and disabled, suffered great pain, discomfort and physical impairment and his eventual death.

8. Plaintiff's Decedent JOHN MULCAHY suffered mental pain and anguish, became liable for large sums of money for medical and hospital care, and suffered losses to his personal property and possessions.

9. None of Defendants' actions complained of herein were committed under the direction or control of the United States Government or any officer or agency thereof, and Plaintiff hereby disclaims any cause of action or recovery for any injuries resulting from exposure to asbestos dust caused by an officer of the United States Government. Plaintiff also hereby disclaims any cause of action or recovery for any injuries caused by any exposure to asbestos dust that occurred in a federal enclave.

NEGLIGENCE - PRODUCTS LIABILITY - WRONGFUL DEATH

10. Plaintiff realleges all the paragraphs above as though fully set forth herein.

11. Plaintiff's Decedent, JOHN MULCAHY, was ignorant of the true dangerous nature of asbestos and of the nature of the risks incurred by workers working in or near materials and products containing asbestos.

12. Each Defendant had actual knowledge, or, in the exercise of reasonable care, should have known, of the dangerous propensities of asbestos-containing products and that exposure to the asbestos from those products could cause injury, disease and death.

13. It was reasonably foreseeable by the Defendants who made and distributed the asbestos-containing products named above that persons working with or near their products would be ignorant of their dangers and would be exposed to the asbestos from those products and would suffer serious and fatal diseases caused by inhaling the asbestos from them.

14. Each Defendant that manufactured or distributed the above-named products had a duty to exercise a reasonable degree of care and caution in manufacturing, designing, selling, and/or distributing their products so as to avoid disease and injury to those working with or near their products.

15. Each Defendant that manufactured or distributed the above-named products was guilty of one or more of the following negligent and wrongful acts and/or omissions:

a. Designing, manufacturing, packaging, distributing, and/or shipping asbestos-containing products which they knew would harm users, and those in proximity of users of those products, including Plaintiff's Decedent JOHN MULCAHY, by causing asbestos-related disease and death;

b. Failing to investigate or test for the health effects of their asbestos products prior to distribution and sale despite knowing that such an investigation was necessary to prevent harm to users and those in proximity of users of those products;

c. Failing to warn Decedent or others of the danger and harm to which they were exposed while using their asbestos-containing products;

d. Failing to instruct Decedent, and others in the proper handling of asbestos products, or to recommend a reasonably safe method of handling and installing their products, or sufficient wearing apparel and proper protective equipment and/or appliances or packaging to protect Decedent from being exposed to asbestos from their products.

16. As a direct and proximate result of the above acts and omissions of Defendants, Plaintiff's Decedent JOHN MULCAHY was exposed to asbestos contained in or used in association with Defendants' products, breathing the dust from said products into his lungs and causing him fatal and terminal injury.

17. Neither Plaintiff, EVA MULCAHY, nor Plaintiff's Decedent JOHN MULCAHY because aware of his asbestos-related disease and that it was wrongfully caused by Defendants' conduct until August 2007.

18. At the aforesaid times and places, there was in full force and effect, Illinois Revised Statutes, 1991, Chapter 70, Section 1 and 2, commonly known as the Wrongful Death Act, now cited as 740 ILCS 180/0.01, et seq., and this count is filed pursuant to such Act by EVA MULCAHY individually and as special administrator of estate of JOHN MULCAHY and demands judgment against these Defendants.

NEGLIGENCE - PRODUCTS LIABILITY - SURVIVAL

19. Plaintiff realleges all the above paragraphs above as though fully set forth herein.

20. Decedent was survived by his next of kin, namely Plaintiff, EVA MULCAHY. This count is brought by Plaintiff on Decedent's behalf for his pain, suffering, economic and non-economic losses.

21. At the aforesaid times and places, there was in full force and effect, Illinois Revised Statutes, commonly known as the Survival Act, now cited as 755 ILCS 5/27-6, et seq., and this count is filed pursuant to such Act by EVA MULCAHY individually and as special administrator of the estate of JOHN MULCAHY and demands judgment against these Defendants.

FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

22. Plaintiff realleges all the paragraphs above as though fully set forth herein.

23. As a direct and proximate result of one or more of the aforesaid wrongful acts of the Defendants, Plaintiff, EVA MULCAHY has become liable for, incurred and/or paid funeral expenses and medical expenses on behalf of and due to the death of the Decedent.

24. At the aforesaid times and places, there was in full force and effect, Illinois Revised Statutes, commonly known as the Family Expense Act, now cited 750 ILCS 65/15, et seq., and this count is filed pursuant to such Act by EVA MULCAHY individually and as Special Administrator of the Estate of JOHN MULCAHY and demands judgment against these Defendants.

CONSPIRACY AGAINST METROPOLITAN LIFE INSURANCE COMPANY

25. Plaintiff restates and realleges paragraphs to 3 above as though fully set forth herein.

26. Defendant Metropolitan Life Insurance Company, Inc. agreed and conspired with the Defendants named herein and with other manufacturers, sellers and distributors of asbestos-containing products to suppress and misrepresent the hazards of exposure to asbestos.

27. As a direct and proximate result of said conspiracy, Decedent remained ignorant and uninformed of the hazards of asbestos, failed to take precautions and was thereby exposed to, inhaled, ingested or otherwise absorbed asbestos fibers, causing him to develop the asbestos disease specified herein. As a direct and proximate result of said disease, Decedent has suffered: disability, disfigurement, pain, suffering, mental anguish, lost wages and benefits and medical costs.

3M COMPANY a/k/a MINNESOTA MINING & MANUFACTURING COMPANY
COUNT 1
SURVIVAL

28. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 2
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

29. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 3
NEGLIGENCE AND WRONGFUL DEAT

30. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

ARMSTRONG INTERNATIONAL, INC.
COUNT 4
SURVIVAL

31. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 5
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

32. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 6
NEGLIGENCE AND WRONGFUL DEATH

33. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

AURORA PUMP COMPANY
COUNT 7
SURVIVAL

34. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 8
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

35. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 9
NEGLIGENCE AND WRONGFUL DEATH

36. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

BW/IP INTERNATIONAL, INC., individually and as successor-in-interest to BYRON JACKSON PUMP COMPANY
COUNT 10
SURVIVAL

37. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 11
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

38. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 12
NEGLIGENCE AND WRONGFUL DEATH

39. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

CLARK-RELIANCE CORPORATION (individually and as successor-in-interest to JERGUSON GAGE & VALVE COMPANY)
COUNT 13
SURVIVAL

40. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 14
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

41. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 15
NEGLIGENCE AND WRONGFUL DEATH

42. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

CRANE CO.
COUNT 16
SURVIVAL

43. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 17
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

44. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 18
NEGLIGENCE AND WRONGFUL DEATH

45. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

CROSBY VALVE, INC.
COUNT 19
SURVIVAL

46. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 20
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

47. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 21
NEGLIGENCE AND WRONGFUL DEATH

48. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

CROWN CORK & SEAL CO., INC. (sued individually and as successor-in-interest to MUNDET CORK COMPANY)
COUNT 22
SURVIVAL

49. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 23
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

50. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 24
NEGLIGENCE AND WRONGFUL DEATH

51. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

EXCELSIOR, INC.
COUNT 25
SURVIVAL

52. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 26
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

53. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 27
NEGLIGENCE AND WRONGFUL DEATH

54. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

FLOWSERVE CORPORATION (sued individually and as successor-in-interest to BYRON JACKSON PUMPS and EDWARD VALVE, INC.)
COUNT 28
SURVIVAL

55. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 29
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

56. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 30
NEGLIGENCE AND WRONGFUL DEATH

57. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

FOSTER WHEELER ENERGY CORPORATION
COUNT 31
SURVIVAL

58. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 32
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

59. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 33
NEGLIGENCE AND WRONGFUL DEATH

60. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

GARLOCK SEALING TECHNOLOGIES, L.L.C. (sued individually and as successor-in-interest to GARLOCK, INC.)
COUNT 34
SURVIVAL

61. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 35
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

62. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 36
NEGLIGENCE AND WRONGFUL DEATH

63. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

GOULDS PUMPS, INC.
COUNT 37
SURVIVAL

64. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 38
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

65. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 39
NEGLIGENCE AND WRONGFUL DEATH

66. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

ICON MANAGEMENT SYSTEMS, L.L.C. (sued individually and as successor-in-interest to JERGUSON GAUGE & VALVE COMPANY)
COUNT 40
SURVIVAL

67. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 41
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

68. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 42
NEGLIGENCE AND WRONGFUL DEATH

69. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

IMO INDUSTRIES (sued individually and as successor-in-interest to DELAVAL TURBINE and C.H. WHEELER)
COUNT 43
SURVIVAL

70. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 44
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

71. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 45
NEGLIGENCE AND WRONGFUL DEATH

72. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

INGERSOLL-RAND CO.
COUNT 46
SURVIVAL

73. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 47
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

74. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 48
SURVIVAL

75. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 49
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

76. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 50
NEGLIGENCE AND WRONGFUL DEATH

77. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

JERGUSON GAGE & VALVE COMPANY
COUNT 51
SURVIVAL

78. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 52
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

79. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 53
NEGLIGENCE AND WRONGFUL DEATH

80. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

METROPOLITAN LIFE INSURANCE COMPANY
COUNT 54
CONSPIRACY

81. Plaintiff restates and realleges paragraphs 30 to 32 above with respect to this Defendant.

VELAN VALVE CORP.
COUNT 55
SURVIVAL

82. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 56
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

83. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 57
NEGLIGENCE AND WRONGFUL DEATH

84. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

VIKING PUMP, INC.
COUNT 58
SURVIVAL

85. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 59
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

86. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 60
NEGLIGENCE AND WRONGFUL DEATH

87. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

WARREN PUMPS L.L.C.
COUNT 61
SURVIVAL

88. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 62
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

89. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 63
NEGLIGENCE AND WRONGFUL DEATH

90. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

WEIR VALVE & CONTROLS f/k/a ATWOOD & MORRILL
COUNT 64
SURVIVAL

91. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 65
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

92. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 66
NEGLIGENCE AND WRONGFUL DEATH

93. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

THE WILLIAM POWELL COMPANY
COUNT 67
SURVIVAL

94. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 68
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

95. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 69
NEGLIGENCE AND WRONGFUL DEATH

96. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

YARWAY CORPORATION
COUNT 70
SURVIVAL

97. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 71
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

98. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 72
NEGLIGENCE AND WRONGFUL DEATH

99. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

BUFFALO PUMPS, INC.
COUNT 73
SURVIVAL

100. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 74
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

101. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 75
NEGLIGENCE AND WRONGFUL DEATH

102. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

GENERAL ELECTRIC COMPANY
COUNT 76
SURVIVAL

103. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 77
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

104. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 78
NEGLIGENCE AND WRONGFUL DEATH

105. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

HENRY TECHNOLOGIES, INC. (sued individually and as successor-in-interest to HENRY VALVE CO.)
COUNT 79
SURVIVAL

106. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 80
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

107. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 81
NEGLIGENCE AND WRONGFUL DEATH

108. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

JOHN CRANE, INC.
COUNT 82
SURVIVAL

109. Plaintiff restates and realleges paragraphs 19 to 21 above with respect to this Defendant.

COUNT 83
FUNERAL EXPENSES THROUGH FAMILY EXPENSE ACT

110. Plaintiff restates and realleges paragraphs 22 to 24 above with respect to this Defendant.

COUNT 84
NEGLIGENCE AND WRONGFUL DEATH

111. Plaintiff restates and realleges paragraphs 10 to 18 above with respect to this Defendant.

WHEREFORE, Plaintiff prays that this Court grant judgment for compensatory, general and special damages against all Defendants, jointly and severally, for all injuries and damages alleged above in an amount in excess of the jurisdictional minimum necessary to bring this matter in the Law Division of the Circuit Court.

/s/ Laura Cabutto Attorneys for Plaintiff
PENN RAKAUSKI
Steven R. Penn #28335
927 Main Street
Racine, WI 53403
Tel: (262) 636-0036
SIMON, EDDINS & GREENSTONE, LLP
Laura Cabutto, SBN #00797102
3232 McKinney Avenue, Suite 610
Dallas, Texas 75204
Tel: (214) 276-7680

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