FILED: NEW YORK COUNTY CLERK 11/12/2015 11:04 AM INDEX NO. 190275/2015 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 11/12/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------x WALTER W. JOHNSEN and MARCIA JOHNSEN, his wife, Plaintiff(s), -against- AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants. -----------------------------------------------------------------------x Index No.: 190275/2015 DEFENDANT CRANE PUMPS & SYSTEMS, INC. S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, CROSS-CLAIMS, AND ANSWERS TO CROSS- CLAIMS TO PLAINTIFFS COMPLAINT Defendant Crane Pumps & Systems, Inc., by its attorneys, K&L Gates LLP, for its Verified Answer to Plaintiff s Verified Complaint, dated September 11, 2015. PARTIES - PLAINTIFFS 1. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraph 1of the Verified Complaint. 2. No responsive pleading is required as to paragraphs 2 and 3 of the Verified Complaint, but to the extent any responsive pleading is required, Defendant Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 2, 3 and 4 of the Verified Complaint. PARTIES DEFENDANTS 3. Defendant Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of the Verified Complaint.
4. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraph 15 of the Verified Complaint, except admits that it has done business in the State of New York. 5. Defendant Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 48, 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 of the Verified Complaint. 6. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraph 60 of the Verified Complaint. 7. Defendant Crane Pumps & Systems, Inc. hereby states that it has not been served with, and is not a named defendant in, Wilentz, Goldman & Spitzer, P.A. s Fourth Amended Standard Verified Complaint, as incorporated by reference in Plaintiffs Complaint in the instant action. Defendant Crane Pumps & Systems, Inc. therefore hereby answers the Verified Complaint in this action by reference to Exhibit A, annexed hereto, which contains the answers, affirmative defenses and cross-claims which Defendant Crane Pumps & Systems, Inc. would raise in response to Wilentz, Goldman & Spitzer, P.A. s Fourth Amended Standard Verified Complaint, if Crane Pumps & Systems, Inc. had been named and that Complaint had been properly served. Additionally, Crane Pumps & Systems, Inc. also raises each of the affirmative defenses and cross-claims contained therein and as set forth in this pleading AS AND FOR A FIRST AFFIRMATIVE DEFENSE This Court did not acquire personal jurisdiction over Crane Pumps & Systems, Inc. due to insufficiency of service of process. 2
AS AND FOR A SECOND AFFIRMATIVE DEFENSE This Court lacks jurisdiction over the subject matter of this action. AS AND FOR A THIRD AFFIRMATIVE DEFENSE In whole or in part, the Complaint fails to state a claim upon which relief can be granted. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE The Complaint fails to contain allegations about, concerning, or directed at Crane Pumps & Systems, Inc. and therefore fails to state a claim against Crane Pumps & Systems, Inc. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE There is no justiciable issue or controversy. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE parties. Plaintiffs claims are barred because of their failure to join necessary and indispensable AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE To the extent that any Plaintiff herein seeks to maintain a claim for relief on behalf of any decedent, such Plaintiff lacks authority, capacity and/or standing to maintain such claim for relief against Crane Pumps & Systems, Inc., including, but not limited to, the failure to allege sufficient facts to demonstrate legal capacity to sue pursuant to New York Estates Powers and Trusts Law 5-1.1 to 5-4.6. 3
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE Venue is improper in this county. AS AND FOR A NINTH AFFIRMATIVE DEFENSE The Claims asserted in the Complaint are barred by the doctrines of laches and estoppel and waiver in that Crane Pumps & Systems, Inc. has been substantially prejudiced by delay in filing of this action. AS AND FOR A TENTH AFFIRMATIVE DEFENSE The injuries and damages alleged in the Complaint were caused, in whole or in part, by the negligence or other culpable conduct of the Plaintiff, defendants, and/or non-parties, which conduct constituted a supervening cause of the alleged injuries and damages. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Insofar as the Complaint and each cause of action considered separately allege a cause of action occurring before September 1, 1975, each such cause of action is barred by reason of the culpable conduct attributable to Plaintiff, including contributory negligence and assumption of the risk. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE Insofar as the Complaint is premised upon claims accruing on or after the adoption of the comparative fault standard to recover damages for personal injuries, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to any 4
Plaintiff or and defendant other than Crane Pumps & Systems, Inc., including contributory negligence and assumption of the risk, in the proportion to which culpable conduct attributable to any other party bears to the culpable conduct which caused the damages. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE The injuries and damages alleged by the Plaintiffs were caused, in whole or in part, by the negligence or other culpable conduct of one or more persons or instrumentalities over which Crane Pumps & Systems, Inc. had no control, is not responsible, and with whom it had no legal relationship. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE Any and all risks, hazards, defects, or dangers, alleged by Plaintiffs were either (i) open, obvious and apparent, natural and inherent, and known or should have been known to the named plaintiff, or (ii) not within the knowledge of Crane Pumps & Systems, Inc., and, therefore, all such risks, hazards, defects and dangers were assumed. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE The lawsuit was not commenced by the Plaintiffs within the time prescribed by law and the Plaintiffs, therefore, are barred from recovery pursuant to applicable statutes of limitations. 5
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE All claims brought under New York Law, L. 1986 c. 682 Section 4 (enacted July 31, 1986) are time-barred in that said statute is in violation of the Constitution of the United States and the Constitution of the State of New York. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE Plaintiffs causes of action against Crane Pumps & Systems, Inc. are barred or limited by and pursuant to 10, 11, and 29 of the Workers Compensation Law of the State of New York. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE To the extent that any alleged injury occurred in the context of an employer - employee relationship, this action is barred by virtue of the provisions of the Workers Compensation Law, including, but not limited to, the Omnibus Workers Compensation Reform Act, which amended 11 of the Workers Compensation Law and the lack of a grave injury on the part of the named plaintiff. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE Any alleged acts or omissions of Crane Pumps & Systems, Inc. were not a proximate cause of any injuries or damages as alleged by Plaintiffs. 6
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE Any asbestos-containing product associated with a Crane Pumps & Systems, Inc. product that may have been present at plaintiff's job locations were placed in any such location upon specification, approval, or at the instruction of governmental or legislative agencies or bodies. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE Plaintiffs claims are barred to the extent Crane Pumps & Systems, Inc., in manufacturing, distributing, and selling its products, followed the plans, specifications, and contracts set by a governmental body and did not deviate from said plans, specifications and contracts. AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE Any injuries or damages claimed by Plaintiffs that allegedly arose from exposure to asbestos-containing products associated with equipment allegedly manufactured by Crane Pumps & Systems, Inc. (the "Equipment"), were caused, in whole or in part, by the improper use and operation of the Equipment, rather than any defect in the design, manufacture, production, assemblage, installation, testing, labeling, marketing, distribution, sale or inspection of the Equipment by Crane Pumps & Systems, Inc. AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE Any injuries or damages claimed by Plaintiffs that allegedly arose from the Equipment were caused by the alteration, misuse and/or improper maintenance of the Equipment by one or more persons or instrumentalities other than Crane Pumps & Systems, Inc., rather than any 7
defect in the design, manufacture, production, assemblage, installation, testing, labeling, marketing, distribution, sale or inspection of the Equipment by Crane Pumps & Systems, Inc. AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE The Equipment was not defective or dangerous at any time when defendant Crane Pumps & Systems, Inc. had possession or control of it. AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. did not give, make, or otherwise extend warranties, whether express or implied, upon which Plaintiffs can rely. AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE To the extent that Plaintiffs claims have been revived by amendments to New York s Civil Practice Law and Rules, such claims can be no greater than what they were at the time when they originally accrued. Therefore, Plaintiffs cannot rely on the doctrine of strict liability in tort, and plaintiffs warranty claims are barred for lack of privity. AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE Any claims by Plaintiffs for breach of warranty are barred because there was a failure to comply with the terms and conditions of any claimed warranty, including, but not limited to failure to give proper notice, lack of duty, and compliance with any applicable provisions of the Uniform Commercial Code. 8
AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE Any alleged oral warranties alleged by Plaintiffs are unavailable as violative of the provisions of the applicable Statute of Frauds. AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE Any injuries or damages claimed by Plaintiffs that allegedly arose from the use of a product alleged to contain asbestos, which is specifically denied, Plaintiff, Plaintiff's decedents, other defendants or other parties not under the control of Crane Pumps & Systems, Inc. misused, abused, misapplied and otherwise mishandled the product alleged to contain asbestos. Therefore, the amount of damages that may be recoverable must be diminished by the proportion that said misuse, abuse, misapplication, and mishandling bears to the conduct which caused the alleged damage or injury. AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE The allegations set forth in the Complaint do not state a claim against Crane Pumps & Systems, Inc. to the extent that Plaintiffs rely upon the doctrines of market share, alternate liability, or any other theory providing for liability without proof of causation. AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE In the event it should be proven at the time of trial that all the defendants are subject to market share liability, then Crane Pumps & Systems, Inc.'s share of such liability would be of such a de minimis amount as to make its contribution for damages negligible, and Crane Pumps & Systems, Inc. would be entitled to contribution, either in whole or in part, from co-defendants. 9
AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE The asbestos-containing products alleged in the Complaint are products within the meaning and scope of the Restatement of Torts Section 402A and as such the Complaint fails to state a cause of action in strict liability..as AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. owed no duty to Plaintiffs or performed each and every duty, if any, owing to Plaintiffs. AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. had no knowledge or reason to know of any alleged risks associated with asbestos and/or asbestos-containing products at any time during the periods complained of. AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE The Plaintiffs did not directly or indirectly purchase any asbestos-containing products or materials from Crane Pumps & Systems, Inc. AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. specifically denies that the Plaintiffs used or were exposed to any asbestos-containing product manufactured, supplied, or specified for use by Crane Pumps & Systems, Inc.; therefore, Crane Pumps & Systems, Inc. is not liable for any injuries or damage claimed by Plaintiffs. 10
AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE If Crane Pumps & Systems, Inc. incorporated into its products any asbestos-containing materials supplied by others, any asbestos fibers within such materials were fully encapsulated, were not friable, and would not and did not cause the injuries or damages alleged. AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE Any injuries or damages claimed by Plaintiffs that allegedly arose from an exposure to asbestos that was in any way associated with a product manufactured by Crane Pumps & Systems, Inc., which is specifically denied, said exposure was de minimis and not a substantial contributing factor to any asbestos-related disease as alleged in the Complaint and not actionable at law or equity. AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE Any exposure to asbestos fibers that may, in any way, be associated with a product manufactured by Crane Pumps & Systems, Inc., which is specifically denied, is so minimal as to be insufficient to establish to a reasonable degree of probability that such exposures are capable of causing injury or damages and must be considered speculative as a matter of law. AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE If Crane Pumps & Systems, Inc. was on notice of any hazard or defect for which the Plaintiffs seek relief, which is specifically denied, the named Plaintiff also had such notice and is thereby barred from recovery. 11
AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE contingent. The claims for damages have not accrued, are purely speculative, uncertain and AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE None of the alleged injuries or damages was foreseeable during any time periods at issue as alleged in the Complaint. AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE The alleged injuries suffered by the Plaintiffs are due to an idiosyncratic reaction, and as such, Crane Pumps & Systems, Inc. is not responsible for such injuries. AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. was not under any duty to warn purchasers, those who performed work, or those under their control, who were in a better position to warn; if warning was required, their failure to do so was a superseding proximate cause of injury. AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE The named Plaintiff was warned of risks associated with exposure from use of asbestoscontaining materials. 12
AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred as a matter of public policy, because social utility and benefit of asbestos-containing products outweighed the risk. AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE Plaintiffs failed to take reasonable steps to mitigate any alleged injuries or damages; Crane Pumps & Systems, Inc. bears no liability for damages or injuries that would otherwise have been avoided or prevented. AS AND FOR A FORTY-EIGHTH AFFIRMATIVE DEFENSE The allegations set forth in the Complaint do not state a claim against Crane Pumps & Systems, Inc. that will authorize or entitle Plaintiff s to recover punitive or exemplary damages. AS AND FOR A FORTY-NINTH AFFIRMATIVE DEFENSE To the extent that Plaintiffs seek punitive damages against Crane Pumps & Systems, Inc., such damages are improper, unwarranted, not authorized by law, and are unconstitutional in the context of this litigation. Subjecting Crane Pumps & Systems, Inc. to multiple trials and multiple imposition of punitive damages for the same alleged course of conduct is a violation of both substantive and procedural due process under the United States Constitution and the Constitution of the State of New York. The standard for the imposition of an award for punitive damages is constitutionally void for vagueness. Also, the imposition of an award for punitive damages in the context of this litigation results in an unconstitutional denial of due process. 13
AS AND FOR A FIFTIETH AFFIRMATIVE DEFENSE To the extent that Plaintiffs seek punitive damages against Crane Pumps & Systems, Inc., the award of such damages in this litigation are barred by the proscription of the Eighth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, and Article I, Section 5 of the New York State Constitution prohibiting the imposition of excessive fines. AS AND FOR A FIFTY-FIRST AFFIRMATIVE DEFENSE The injuries allegedly suffered by the Plaintiffs, if any and which are specifically denied, were the result of culpable conduct or fault of third persons for whose conduct Crane Pumps & Systems, Inc. is not legally responsible, and the damages recovered by the plaintiffs, if any, should be diminished or reduced in the proportion to which the culpable conduct bears on the total culpable conduct causing the damages. Any liability on the part of Crane Pumps & Systems, Inc., which liability is specifically denied, is fifty-percent or less of the liability of all persons who are the cause of the alleged injuries, if any, and the liability of Crane Pumps & Systems, Inc. for non-economic loss does not exceed Crane Pumps & Systems, Inc. s equitable share of the liability determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss pursuant to CPLR 1601 through 1603. 14
AS AND FOR A FIFTY-SECOND AFFIRMATIVE DEFENSE This action does not fall within one or more of the exceptions set forth in CPLR 1602 and Crane Pumps & Systems, Inc. is responsible only for its pro rata share of any verdict that may be rendered against it. AS AND FOR A FIFTY-THIRD AFFIRMATIVE DEFENSE In the event of any judgment or verdict on behalf of the Plaintiffs, Crane Pumps & Systems, Inc. is entitled to a set-off of the verdict by the amount of any payments made to the Plaintiffs for medical and other expenses prior or subsequent thereto pursuant to CPLR 4545. AS AND FOR A FIFTY-FOURTH AFFIRMATIVE DEFENSE Any verdict or judgment against any defendant, including Crane Pumps & Systems, Inc., is entitled to a reduction pursuant to General Obligations Law 15-108, on the basis of any and all prior settlements and compromises. AS AND FOR A FIFTY-FIFTH AFFIRMATIVE DEFENSE At all times relevant to this litigation, this defendant complied with all applicable law, regulations and standards. AS AND FOR A FIFTY-SIXTH AFFIRMATIVE DEFENSE That at all times relevant to Plaintiffs allegations, the agents, servants and/or employees of Crane Pumps & Systems, Inc. utilized proper methods in the conduct of its operations, in 15
conformity with the available knowledge, research, and state of the art of the scientific and industrial communities. AS AND FOR A FIFTY-SEVENTH AFFIRMATIVE DEFENSE That at all times relevant to Plaintiffs allegations, the state of the medical and industrial art was such that there was no generally accepted or recognized knowledge of any unavoidable, unsafe, inherently dangerous, or hazardous character or nature of asbestos-containing material when used in the manner and purpose arising from the allegations of the Complaint and, therefore, there was no duty owed on the part of Crane Pumps & Systems, Inc. to know of any such character or nature or to warn or protect Plaintiffs or others similarly situated. AS AND FOR A FIFTY-EIGHTH AFFIRMATIVE DEFENSE The named Plaintiff contributed to the illnesses alleged, either in whole or in part, by exposure to or the use of tobacco products and/or other substances, products, medications or drugs. AS AND FOR A FIFTY-NINTH AFFIRMATIVE DEFENSE Some or all of the causes of action may not be maintained because of arbitration and award, collateral estoppel, a discharge in bankruptcy, infancy (or some other disability) of the Plaintiffs, payment and release, and/or res judicata. 16
AS AND FOR A SIXTIETH AFFIRMATIVE DEFENSE The damages allegedly sustained by the plaintiff were caused, in whole or in part, through the operation of nature. AS AND FOR A SIXTY-FIRST AFFIRMATIVE DEFENSE All defenses which have been or will be asserted by other defendants and/or any defendants in this action are adopted and incorporated by reference as if fully set forth at length herein as defenses to plaintiff's Complaint. In addition, Crane Pumps & Systems, Inc. will rely upon any and all other further defenses which become available or appear during discovery proceedings in this action and hereby specifically reserves the right to amend its answer for the purposes of asserting any such additional affirmative defenses. AS AND FOR A SIXTY-SECOND AFFIRMATIVE DEFENSE To the extent that Plaintiffs allege successor-in-interest liability, Crane Pumps & Systems, Inc. denies that it is liable for any alleged wrongdoing by any alleged predecessor entities. AS AND FOR A SIXTY-THIRD AFFIRMATIVE DEFENSE At all relevant times, Plaintiffs and Plaintiffs employers were sophisticated users of asbestos, therefore, Crane Pumps & Systems, Inc. had no duty to warn Plaintiffs. 17
AS AND FOR A SIXTY-FOURTH AFFIRMATIVE DEFENSE Plaintiffs failed to plead any basis for claims of misrepresentation, deliberate concealment or fraud against Crane Pumps & Systems, Inc. and have failed to plead any such claims with the specificity required by the CPLR. AS AND FOR A SIXTY-FIFTH AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. denies that it willfully, wantonly, or intentionally withheld or prevented the dissemination of information concerning the alleged hazards of asbestos products and further denies that was guilty of fraudulent misrepresentations to the Plaintiffs and members of the general public, and further denies that it conspired with anyone to withhold such information from the Plaintiffs and other members of the general public. AS AND FOR A SIXTY-SIXTH AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. had no knowledge or reason to know of any other defendant's knowledge or actions and therefore bears no liability for other parties or non-parties who may have acted in concert. AS AND FOR A SIXTY-SEVENTH AFFIRMATIVE DEFENSE Crane Pumps & Systems, Inc. is entitled to rely on the learned intermediary defense. AS AND FOR A SIXTY-EIGHTH AFFIRMATIVE DEFENSE The Plaintiffs employers, their agents, servants, employees and/or directors failed to act in a manner consistent with an employer's non-delegable duties as established by Occupational 18
Safety & Health Administration and the New York State Department of Labor, thus proximately causing the alleged injuries and damages, if any, claimed by the Plaintiffs in this case. Such failure on the part of Plaintiffs employers includes, but is not limited to: (a) Failure to adequately train the Plaintiffs on how to safely utilize equipment, as an ordinary prudent employer would have done in similar circumstances; (b) Failure to adequately disseminate product information as to the safe use of equipment as an ordinary prudent employer would have done in like or similar circumstances; (c ) Failure to timely establish a written respiratory protection program; (d) Failure to provide properly trained supervisors for the Plaintiffs work crews; (e) Failure to provide appropriate ventilation equipment and respiratory protection equipment; and (f) Failure to provide proper filtering and monitoring devices for air-fed respiratory protection equipment. AS AND FOR A SIXTY-NINTH AFFIRMATIVE DEFENSE The injuries allegedly suffered by the Plaintiffs, if any and which are specifically denied, were the result of culpable conduct or fault of Plaintiffs Merchant Mariner employer for whose conduct Crane Pumps & Systems, Inc. is not legally responsible, and the damages recovered by the Plaintiffs, if any, should be diminished or reduced in the proportion to which the culpable conduct bears on the total culpable conduct causing the damages as defined by the Merchant Mariner Act of 1920. AS AND FOR A SEVENTIETH AFFIRMATIVE DEFENSE Plaintiffs are barred from maintaining this action against Crane Pumps & Systems, Inc. under the provisions of the Longshore and Harbor Workers Compensation Act, 33 U.S.C. 901 et. seq. 19
AS AND FOR A SEVENTY-FIRST AFFIRMATIVE DEFENSE CRANE PUMPS & SYSTEMS, INC. ALLEGES UPON INFORMATION AND BELIEF Any orders of any bankruptcy court that prevents Crane Pumps & Systems, Inc. from joining indispensable parties who have declared bankruptcy, cause Crane Pumps & Systems, Inc. to defend this action without the bankrupt parties as co-defendants and prevent the triers of fact from hearing and judging all the relevant evidence and, as such, are unconstitutional and otherwise improper. AS AND FOR A SEVENTY-SECOND AFFIRMATIVE DEFENSE remedies. Plaintiffs may not maintain their claims as they have failed to exhaust their administrative AS AND FOR A SEVENTY-THIRD AFFIRMATIVE DEFENSE Plaintiffs' claims are barred to the extent that Crane Pumps & Systems, Inc., -- in manufacturing, distributing, and selling it products, followed the plans, specifications, design, and contract set forth by the premises owner and/or plaintiffs' employer. AS AND FOR A SEVENTY-FOURTH AFFIRMATIVE DEFENSE Plaintiffs' claims are barred because plaintiffs' employer and/or the premises owner was a sophisticated user which constitutes intervening/superseding cause of the alleged injuries and damages. 20
AS AND FOR A SEVENTY-FIFTH AFFIRMATIVE DEFENSE Plaintiffs' claims are barred because plaintiffs' employer and/or the premises owner had a duty to provide a safe work place for its employees, invites, and guests, including the plaintiff. AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANTS, CRANE PUMPS & SYSTEMS, INC. ALLEGES AS FOLLOWS: That if the Plaintiffs sustained the injuries and damages in the manner and at the time and place(s) alleged, and if it is found that Crane Pumps & Systems, Inc. is liable to Plaintiffs herein, all of which is specifically denied, then Crane Pumps & Systems, Inc., on the basis of apportionment of responsibility for the alleged occurrence, is entitled to contribution from the co-defendants, to pay for all or part of any verdict or judgment that Plaintiffs may recover against Crane Pumps & Systems, Inc. proportionate to the co-defendants percentage of liability. AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS, CRANE PUMPS & SYSTEMS, INC. ALLEGES AS FOLLOWS: That if the Plaintiffs sustained the injuries and damages in the manner and at the time and place(s) alleged, and if it is found that Crane Pumps & Systems, Inc. is liable to Plaintiffs herein, all of which is specifically denied, then Crane Pumps & Systems, Inc., on the basis of contractual and common law indemnification, is entitled to recovery from the co-defendants to pay for all or part of any verdict or judgment that Plaintiffs may recover against Crane Pumps & Systems, Inc. ANSWERS AND AFFIRMATIVE DEFENSES TO CROSS CLAIMS 1. In answer to any cross-claims filed or which may be filed in the future by any and all other parties to these proceedings, Crane Pumps & Systems, Inc. denies all allegations asserted, or to be asserted, against it that allege that Plaintiffs were exposed to asbestos from a 21
Crane Pumps & Systems, Inc. product or that such exposure caused Plaintiffs injuries. Crane Pumps & Systems, Inc. further denies each and every allegation of facts and conclusions of law in such actions. Crane Co further denies that any party to this action is entitled to any relief from Crane Pumps & Systems, Inc., either directly or indirectly, by way of indemnification, lien, contribution, contract or otherwise. 2. Crane Pumps & Systems, Inc. re-alleges and incorporates by reference all of its affirmative defenses to the Verified Complaint as set forth in Crane Pumps & Systems, Inc. s Verified Answer to Plaintiffs Verified Complaint. WHEREFORE, Defendant Crane Pumps & Systems, Inc. requests judgment in its favor dismissing the Complaint with prejudice, judgment in its favor diminishing the damages otherwise recoverable pursuant to Articles 14, 14-A and 16 of the New York CPLR, judgment in its favor and against all co-defendants for all or part of any sum awarded in favor of the plaintiffs and against Crane Pumps & Systems, Inc., and for such other and further relief as the Court may deem just and proper. Dated: New York, New York November 12, 2015 K&L GATES LLP Attorneys for Defendant Crane Pumps & Systems, Inc. /s/ Eric R.I. Cottle Eric R.I. Cottle Attorneys for Defendant CRANE PUMPS & SYSTEMS, INC. 599 Lexington Avenue New York, New York 10022-6030 (212) 536-3900 22
ATTORNEY S VERIFICATION The undersigned affirms the following statement to be true under penalties of perjury pursuant to Rule 2106 of the Civil Practice Law and Rules. That he is an attorney at law and a member of the firm of K&L Gates LLP, attorneys for the Defendant, Crane Pumps & Systems, Inc. That he has read the foregoing document and knows the contents thereof, and that the same is true to the knowledge of the affirmant except as to the matters therein alleged upon information and belief and that as to those matters he believes them to be true. That the reason why this affirmation is being made by the affirmant and not the defendant is that the defendant is a foreign corporation and does not maintain an office with an officer having knowledge of the facts in the county where the law firm for the defendant maintains its offices. That the source of the affirmant s information and the grounds of his belief as to all the matters therein alleged upon information and belief are reports from and communication had with said corporation. Dated: New York, New York November 12, 2015 /s/ Eric R.I. Cottle ERIC R.I. COTTLE 23
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendant Crane Co. s Verified Answer To Plaintiffs Verified Complaint, Affirmative Defenses, Cross-Claims, and Answers to Cross-Claims was electronically filed on November 12, 2015 and is available for viewing and downloading from the Court s Electronic Filing System. /s/ Eric R.I. Cottle Eric R.I. Cottle, Esq. Attorney for Defendant Crane Pumps & Systems, Inc.
EXHIBIT A - 25 -
SUPREME COURT OF THE STATE OF NEW YORK ALL COUNTIES WITHIN THE CITY OF NEW YORK --------------------------------------------------------------x In Re New York City Asbestos Litigation --------------------------------------------------------------x Index No.: 40,000 This Document Relates To: ANSWER TO WILENTZ ALL CASES FOURTH AMENDED STANDARD VERIFIED COMPLAINT --------------------------------------------------------------x Defendant Crane Pumps & Systems, Inc., through its undersigned counsel K&L Gates LLP, by way of an Answer to Wilentz Fourth Amended Standard Verified Complaint ( Complaint ), states as follows: PARTIES - PLAINTIFF 1. Defendant Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 1 and 2 of the Complaint. PARTIES DEFENDANT 2. Defendant Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 3, 4, 5, 6, 7 and 8 of the Complaint. - 26 -
3. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraph 9 of the Complaint, except admits that it has done business in the State of New York. ANSWERING THE FIRST CAUSE OF ACTION 4. In response to paragraph 10 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 9 of the Complaint as if fully set forth herein. 5. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 11, 12, 13, 14, 15, 16 and 17 of the Complaint. 6. Defendant Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 18 of the Complaint. 7. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs19, 20 (a)-(k), 21 and 22 of the Complaint. ANSWERING THE SECOND CAUSE OF ACTION 8. In response to paragraph 23 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 22 of the Complaint as if fully set forth herein. 9. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 24, 25 and 26 of the Complaint. ANSWERING THE THIRD CAUSE OF ACTION 10. In response to paragraph 27 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 26 of the Complaint as if fully set forth herein. - 27 -
11. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 28, 29 and 30 of the Complaint. ANSWERING THE FOURTH CAUSE OF ACTION 12. In response to paragraph 31 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 30 of the Complaint as if fully set forth herein. 13. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 32 (a) (g) and 33 of the Complaint. ANSWERING THE FIFTH CAUSE OF ACTION 14. In response to paragraph 34 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 33 of the Complaint as if fully set forth herein. 15. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 35, 36, 37 and 38 of the Complaint. ANSWERING THE SIXTH CAUSE OF ACTION 16. In response to paragraph 39 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 38 of the Complaint as if fully set forth herein. 17. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 40 (i) (iii), 41, 42 and 43 of the Complaint. ANSWERING THE SEVENTH CAUSE OF ACTION - 28 -
18. In response to paragraph 44 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 43 of the Complaint as if fully set forth herein. 19. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 45, 46, 47 and 48 of the Complaint. ANSWERING THE EIGHTH CAUSE OF ACTION 20. In response to paragraph 49 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 48 of the Complaint as if fully set forth herein. 21. Insofar as the allegations contained in paragraphs 50, 51, 52, 53, 54 and 55 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 50, 51, 52, 53 (a)-(h), 54 and 55 of the Complaint. ANSWERING THE NINTH CAUSE OF ACTION AS TO FELA DEFENDANTS ONLY 22. In response to paragraph 56 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 55 of the Complaint as if fully set forth herein. 23. Insofar as the allegations contained in paragraphs 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 and 74 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. - 29 -
denies each and every allegation contained in paragraphs 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 and 74 of the Complaint. ANSWERING THE TENTH CAUSE OF ACTION AS TO FELA DEFENDANTS ONLY 24. In response to paragraph 75 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 74 of the Complaint as if fully set forth herein. 25. Insofar as the allegations contained in paragraph 76 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraph 76 of the Complaint. ANSWERING THE ELEVENTH CAUSE OF ACTION AS TO LWCA DEFENDANTS ONLY 26. In response to paragraph 77 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 76 of the Complaint as if fully set forth herein. 27. Insofar as the allegations contained in paragraph 78 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 78 of the Complaint. - 30 -
28. Insofar as the allegations contained in paragraphs 79 and 80 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 79 and 80 of the Complaint. ANSWERING THE TWELFTH CAUSE OF ACTION AS TO LWCA DEFENDANTS ONLY 29. In response to paragraph 81 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 80 of the Complaint as if fully set forth herein. 30. Insofar as the allegations contained in paragraph 82 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 82 of the Complaint. 31. Insofar as the allegations contained in paragraphs 83, 84, 85, 86, 87, 88, 89, 90 (a) (i), 91 and 92 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 83, 84, 85, 86, 87, 88, 89, 90 (a) (i), 91 and 92 of the Complaint. - 31 -
ANSWERING THE THIRTEENTH CAUSE OF ACTION AS TO LWCA DEFENDANTS ONLY 32. In response to paragraph 93 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 92 of the Complaint as if fully set forth herein. 33. Insofar as the allegations contained in paragraphs 94, 95, 96 and 97 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 94, 95, 96 and 97 of the Complaint. ANSWERING THE FOURTEENTH CAUSE OF ACTION AS TO LWCA DEFENDANTS ONLY 34. In response to paragraph 98 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 97 of the Complaint as if fully set forth herein. 35. Insofar as the allegations contained in paragraphs 99, 100, 101, 102 and 103 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 99, 100, 101, 102 and 103 of the Complaint. - 32 -
ANSWERING THE FIFTEENTH CAUSE OF ACTION AS TO JONES ACT DEFENDANTS ONLY 36. Insofar as the allegations contained in paragraph 104 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraph 104 of the Complaint. 37. Insofar as the allegations contained in paragraph 105 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 105 of the Complaint 38. Insofar as the allegations contained in paragraphs 106 and 107 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 106 and 107 of the Complaint. ANSWERING THE SIXTEENTH CAUSE OF ACTION AS TO JONES ACT DEFENDANTS ONLY 39. In response to paragraph 108 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 107 of the Complaint as if fully set forth herein. - 33 -
40. Insofar as the allegations contained in paragraphs 109 and 110 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 109 and 110 of the Complaint ANSWERING THE SEVENTEENTH CAUSE OF ACTION AS TO JONES ACT DEFENDANTS ONLY 41. In response to paragraph 111 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 110 of the Complaint as if fully set forth herein. 42. Insofar as the allegations contained in paragraphs 112 and 113 of the Complaint do not pertain to Defendant Crane Pumps & Systems, Inc., no response is required nor made thereto. Inasmuch as the allegations may be construed as pertaining to Defendant Crane Pumps & Systems, Inc., Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 112 and 113 of the Complaint. ANSWERING THE EIGHTEENTH CAUSE OF ACTION 43. In response to paragraph 114 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 113 of the Complaint as if fully set forth herein. 44. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraph 115 of the Complaint. - 34 -
ANSWERING THE NINETEENTH CAUSE OF ACTION 45. In response to paragraph 116 of the Complaint, Defendant Crane Pumps & Systems, Inc. repeats and re-alleges the answers contained in response to paragraphs 1 through 115 of the Complaint as if fully set forth herein. 46. Defendant Crane Pumps & Systems, Inc. denies each and every allegation contained in paragraphs 117 and 118 of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE This Court did not acquire personal jurisdiction over Crane Pumps & Systems, Inc. due to insufficiency of service of process. AS AND FOR A SECOND AFFIRMATIVE DEFENSE This Court lacks jurisdiction over the subject matter of this action. AS AND FOR A THIRD AFFIRMATIVE DEFENSE In whole or in part, the Complaint fails to state a claim upon which relief can be granted. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE The Complaint fails to contain allegations about, concerning, or directed at Crane Pumps & Systems, Inc. and therefore fails to state a claim against Crane Pumps & Systems, Inc. - 35 -
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE There is no justiciable issue or controversy. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE parties. Plaintiff s claims are barred because of their failure to join necessary and indispensable AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE To the extent that any Plaintiff herein seeks to maintain a claim for relief on behalf of any decedent, such Plaintiff lacks authority, capacity and/or standing to maintain such claim for relief against Crane Pumps & Systems, Inc., including, but not limited to, the failure to allege sufficient facts to demonstrate legal capacity to sue pursuant to New York Estates Powers and Trusts Law 5-1.1 to 5-4.6. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE Venue is improper in this county. AS AND FOR A NINTH AFFIRMATIVE DEFENSE The Claims asserted in the Complaint are barred by the doctrines of laches and estoppel and waiver in that Crane Pumps & Systems, Inc. has been substantially prejudiced by delay in filing of this action. - 36 -
AS AND FOR A TENTH AFFIRMATIVE DEFENSE The injuries and damages alleged in the Complaint were caused, in whole or in part, by the negligence or other culpable conduct of the Plaintiff, defendants, and/or non-parties, which conduct constituted a supervening cause of the alleged injuries and damages. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Insofar as the Complaint and each cause of action considered separately allege a cause of action occurring before September 1, 1975, each such cause of action is barred by reason of the culpable conduct attributable to Plaintiff, including contributory negligence and assumption of the risk. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE Insofar as the Complaint is premised upon claims accruing on or after the adoption of the comparative fault standard to recover damages for personal injuries, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to any Plaintiff or and defendant other than Crane Pumps & Systems, Inc., including contributory negligence and assumption of the risk, in the proportion to which culpable conduct attributable to any other party bears to the culpable conduct which caused the damages. - 37 -
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE The injuries and damages alleged by the Plaintiff were caused, in whole or in part, by the negligence or other culpable conduct of one or more persons or instrumentalities over which Crane Pumps & Systems, Inc. had no control, is not responsible, and with whom it had no legal relationship. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE Any and all risks, hazards, defects, or dangers, alleged by Plaintiff were either (i) open, obvious and apparent, natural and inherent, and known or should have been known to the named plaintiff, or (ii) not within the knowledge of Crane Pumps & Systems, Inc., and, therefore, all such risks, hazards, defects and dangers were assumed. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE The lawsuit was not commenced by the Plaintiff within the time prescribed by law and the Plaintiff, therefore, is barred from recovery pursuant to applicable statutes of limitations. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE All claims brought under New York Law, L. 1986 c. 682 Section 4 (enacted July 31, 1986) are time-barred in that said statute is in violation of the Constitution of the United States and the Constitution of the State of New York. - 38 -
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE Plaintiff s causes of action against Crane Pumps & Systems, Inc. are barred or limited by and pursuant to 10, 11, and 29 of the Workers Compensation Law of the State of New York. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE To the extent that any alleged injury occurred in the context of an employer - employee relationship, this action is barred by virtue of the provisions of the Workers Compensation Law, including, but not limited to, the Omnibus Workers Compensation Reform Act, which amended 11 of the Workers Compensation Law and the lack of a grave injury on the part of the named plaintiff. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE Any alleged acts or omissions of Crane Pumps & Systems, Inc. were not a proximate cause of any injuries or damages as alleged by Plaintiff. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE Any asbestos-containing product associated with a Crane Pumps & Systems, Inc. product that may have been present at plaintiff's job locations were placed in any such location upon specification, approval, or at the instruction of governmental or legislative agencies or bodies. - 39 -