TRIAL SUMMARY

Paul Whitlock & Marguerite Whitlock vs. A.W. Chesterton Company, et. al., San Francisco Superior Court, Case No. CGC-06-449213

Date of Trial: October 31, 2006 through December 12, 2006

Judge: Mary E. Wiss, SFSC Dept. 504

Trial Counsel:
• William Levin, Laurel Simes, Jeffrey Kaiser & Sean Worsey
  of Levin Simes Kaiser & Gornick for Plaintiffs Paul & Marguerite Whitlock
• Edward Hugo & John Brydon of Brydon Hugo & Parker
  for Defendant Foster Wheeler, LLC
• Angus M. Macleod & Mark Kannett of Becherer Kannett & Schweitzer
  for Defendant M. Slayen & Associates
• Daniel Cortright & Cyrian Tabuena of Walsworth, Franklin, Bevins & McCall
  for Defendant Quintec Industries
• Stuart A. McIntosh of Bishop Barry Howe Haney & Ryder
  for Defendant Thorpe Insulation

Pre-Trial Demands:
$4,000,000.00 to Foster Wheeler
$4,250,000.00 to M. Slayen & Associates
$900,000.00 to Quintec
$1,500,000.00 to Thorpe Insulation

Settlement:
Quintec Industries resolved the matter immediately after jury selection.
Thorpe Insulation resolved the matter on Day 16 of trial.
M. Slayen & Associates resolved the matter on Day 22 of trial.

Verdict:
Plaintiffs’ demand increased to $11,000,000 as to Foster Wheeler.   The jury deliberated for 3 days and returned a defense verdict as to Foster Wheeler on Day 29 of trial (December 12, 2006).   Jury Verdict form is attached.

Case Summary:
Plaintiff Paul Whitlock claimed exposure to asbestos-containing refractory materials and insulation contained in two boilers aboard the USS Kitty Hawk that were supplied by Foster Wheeler.   Plaintiff was a fireman and boiler technician in the United States Navy from January 1965 to October 1967 and lived and worked aboard the Kitty Hawk during the ship’s major overhaul and two repair periods.   In closing argument, plaintiffs’ counsel asked the jury to award a total of $11,000,000 against Foster Wheeler ($8,000,000 for Paul and $3,000,000 for Marguerite).

Plaintiffs’ Trial Witnesses:
Paul Whitlock
Marguerite Whitlock
Salvatore Attinello (Co-worker)
Terry Elmquist (Co-worker)
Charles Ay (Career Insulator)
Samuel Hammar, M.D. (Pathologist)
Barry Horn, M.D. (Pulmonologist)
Robert Johnson (Economist)
Barry Castleman, Ph.D. (Materials Scientist)
William Longo, Ph.D. (Materials Scientist)

Defendant’s Trial Witnesses:
Not applicable (Foster Wheeler called no witnesses and introduced no evidence at trial.)