FILED: NEW YORK COUNTY CLERK 10/20/2014 10:18 AM INDEX. 190017/2013 NYSCEF DOC.. 172 RECEIVED NYSCEF: 10/20/2014 SUPREME COURT OF THE STATE OF NEW YOIU< COUNTY OF NEW YORK -----------------------------------------------------------------------------J{ IN RE: NEW YORK CITY ASBESTOS LITIGATION -----------------------------------------------------------------------------){ This Document Relates To: Ivan Sweberg and Laraine Sweberg, NYCAL (Kern,].) Index No. 190017-13 Plaintiffs, -Against- ABB, INC. et ai., Defendants. --------------------------------------------------------------------~--------J{ VERDICT SHEET TE: At least five (5) jurors must agree on the answer to each question, but the same five (5) jurors do not have'to agree on each answer. JURORS, PLEASE TE: Answer the following questions in order beginning with Question "1." Follow the instructions at the end of each question. IN ACCORDANCE WITH THE PRINCIPLES OF LAW CHARGED BY THE COURT AND THE FACTS AS WE HAVE FOUND THEM TO BE, WE THE JURY, DO HEREBY ANSWER THE FOLLOWING QUESTIONS AS INDICATED: Questions For The JUlY: 1. Was plaintiff Ivan Sweberg exposed to asbestos-containing products used in connection with defendant Crane Co. valves, pumps or boilers? TOTAL VOTE DISSENTING JUROR, if any: If you answered "Yes," proceed to Question 2. If you answered "No," stop your deliberations and report your verdict to the Court.
'. 2. Did defendant Crane Co. fail to exercise reasonable care by not providing an adequate warning about the hazards of exposure to asbestos with respect to the use of its valves, pumps or boilers? TOTAL VOTE:. DISSENTING JUROR, if any:. If you answered "Yes," proceed to Question 3. Ifyou answered "No," stop your deliberations and report your verdict to the Court. 3. Was defendant Crane Co.'s failure to warn plaintiff Ivan Sweberg a substantial contributing factor in causing his mesothelioma? TOTAL VOTE: DISSENTING JUROR, if any: If you answered "Yes," proceed to Question 4. If you answered "No," stop your deliberations and report your verdict to the Court. 4. Was plaintiff Ivan Swebergexposed to asbestos from products made, sold, distributed or used in connection with products or equipment of any of the followingcompanies: (NAMES OF COMPANIES TO BE PROVIDED) [CompanyA] Yes No --.Vote [Company B] Yes -- No Vote [Company C] Yes - No Vote (Etc.] Yes - No - Vote -- If you answered "Yes" to any of the above, proceed to Question 5. If you answered "No" to auof the above, proceed to Question 7.
BEFORE ANSWERING QUESTION 5, CROSS OUT THE NAME OF ANY COMPANY FOR WHICH YOU ANSWERED "" IN QUESTION 4. 5. Did any of the following companies fail to exercise reasonable care by not providing an adequate warning to plaintiff Ivan Sweberg about the potential hazards of exposure to asbestos? (NAMES OF COMPANIES TO BE PROVIDED) [Company A] Yes - No Vote - [Company B] Yes - No - Vote [Company C] Yes - No Vote - (Etc.] Yes - No Vote - If you answered "Yes" to any of the above, proceed to Question 6. If you answered "No" to au of the above, proceed to Question 7. BEFORE ANSWERING QUESTION 6, CROSS OUT THE NAME OF EACH COMPANY FOR WHICH YOU ANSWERED "" IN QUESTION 4 OR 5. 6. Was these companies' failure to warn a substantial factor in causing plaintiff Ivan Sweberg's mesothelioma? (NAMES OF COMPANIES TO BE PROVIDED) [Company A] Yes - No Vote - [Company B] Yes - No Vote [Company C] Yes - No Vote (Etc.] Yes - No Vote Proceed to Question 7.
BEFORE ANSWERING QUESTION 7, CROSS OUT THE NAME OF EACH COMPANY FOR WHICH YOU ANSWERED "" IN QUESTIONS 4, 5, OR 6. UNLESS A COMPANY'S NAME IS CROSSED OUT BELOW, YOU MUST CONSIDER THAT COMPANY IN ANSWERING QUESTION 7. 7. For each of the companies listed below set forth 'its percentage of fault. (The total percentage must equal 100%). Crane Co. % Vote [Company A] % Vote [Company B] % Vote (Etc.] % Vote Proceed to Question 8. TOTAL 100% 8.. What is the sum of money that will justly and fairlycompensate plaintiff Ivan Sweberg for the followingitems of damages,if any? If you decide not to make an award, you will insert the word «none." Pain and suffering from the onset of his asbestos related cancer until today $--------- Future pain and suffering $ Number of years $ Proceed to Question 9.. 9. Did defendant Crane Co. act with reckless disregard for the safety of others, namely plaintiff Ivan Sweberg? Vote Stop your deliberations and report your verdict to the Court at this tjrne.
,, WE, THE UNDERSIGNED JURORS IN THIS ACTION, CONCUR AND ANSWER THE ABOVE QUESTIONS IN ACCORDANCE WITH THE INSTRUCTIONS OF THIS COURT AND REPORT OUR VERDICT AS STATED ABOVE. AT LEAST FIVE (5) JURORS HAVE AGREED ON THE ANSWER TO EACH QUESTION 1. 2. 3. 4. 5. 6. DATED:,2014