TRIAL SUMMARY

Tamara Kapraun, Individually and as Personal Representative of the Heirs and Estate of Joseph Krotzer, Deceased, et al. v. Crane Co, et al., Los Angeles County Superior Court, Case No. BC 332560

Date of Trial: October 2, 2006 through October 23, 2006

Edward R. Hugo and Karleen F. Murphy of Brydon Hugo & Parker for Defendant Foster Wheeler Energy Corp.

John Hubble and Marc I. Willick of Waters & Kraus for Plaintiffs Tamara Kapraun, et al.

V. Thomas Meador of Morgan Lewis & Bokius for Defendant Yarway Corporation

Judge: Honorable James E. Satt, LASC Dept. 40

Pre-Trial Demand:$2,000,000 to Foster Wheeler $1,000,000 to Yarway Corporation

Resolution: After plaintiffs had rested their case-in-chief, Foster Wheeler Energy Corporation and Yarway Corporation moved for nonsuit, which the Court granted.

Tamara Kapraun was the personal representative of decedent Joseph Krotzer and his surviving children. Decedent’s cause of death on July 11, 2004 from malignant pleural mesothelioma was not disputed at trial.

Plaintiffs claimed that decedent was exposed to asbestos-containing products while serving in the United States Navy from 1944 through 1946. Decedent was assigned to the USS Albert W. Grant to assist with overhaul at the Mare Island Shipyard and spent the next two years aboard the ship.

Plaintiffs’ Trial Witnesses:
Arnold R. Brody, Ph.D.
John C. Maddox, M.D.
Francis J. Burger, Captain (Ret.) U.S. Navy
Edwin Holstein, M.D.

Defendant’s Trial Witnesses:
Not applicable