TRIAL SUMMARY

Carmen (Wrongful death Donald) Allen v. Foster Wheeler, LLC.: San Francisco County
Superior Court, Case No. 448603

Date of Dismissal: August 12, 2008

Judge: Hon. Ernest Goldsmith, SFSC Dept. 6

Trial Counsel:
• James Nevin of Brayton Purcell
   for Plaintiff: Carmen (Donald) Allen
• Edward R. Hugo and Brian H. Buddell of Brydon Hugo & Parker
   for Defendants Foster Wheeler, LLC.


Results: Dismissal


Facts and Allegations:

Plaintiff's filed a wrongful death complaint on November 15, 2006, alleging that decendent, Donald Allen, died of mesothelioma as a result of his occupational exposure to asbestos as a welder at Kaiser Shipyard in Swan Island, Oregon in World War II and as a laborer of Bestway Builders in Rupert, Idaho. Foster Wheeler denied Plaintiff's allegations and was dismissed by Plaintiff's immediately before their opening statement.