WILLIAM E. ROBAEY, As Executor for the Estate of [Rev d PROPOSED] JUDGMENT MARLENA F. ROBAEY, and EDWARD ROBAEY, Individually, Index ¹ /13

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X IN RE: NEW YORK CITY ASBESTOS LITIGATION X WILLIAM E. ROBAEY, As Executor for the Estate of [Rev d PROPOSED] JUDGMENT MARLENA F. ROBAEY, and EDWARD ROBAEY, Individually, Index ¹ /13 Plaintiffs, -against- Hon. Joan A. Madden AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE INC., AURORA PUMP COMPANY, AZROCK INDUSTRIES, A Division of DOMCO, INC., BELL & GOSSETT COMPANY, BIRD INCORPORATED, BORG-WARNER MORSE TEC, INC., BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, BW/IP, INC., AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM, INC., successor by Merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., COLUMBIA BOILER COMPANY OF POTTSTOWN, CRANE CO., CROSBY VALVE LLC, CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., DANA COMPANIES, LLC, FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As a successor to FELT PRODUCTS MFG. CO., FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID INC., division of

2 FEDERAL-MOGUL CORPORATION, FLOWSERVE US, INC., Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION, on behalf of its Former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC, GOULDS PUMP LLC, GRINNELL LLC, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, IMO INDUSTRIES, INC., ITT INDUSTRIES, Individually and as Successor-in-interest to HOFFMAN SPECIALTY, ITT LLC, Individually and as Successor to BELL & GOSSETT, and as Successor to KENNEDY VALVE MANUFACTURING CO., INC., KAISER GYPSUM COMPANY, INC., KEELER-DORR-OLIVER BOILER COMPANY, KENNEDY VALVE MANUFACTURING CO., INC., KOHLER CO., KONE INC., i/s/h/a KONE ELEVATORS, INC., Individually and as successor to ARMOR ELEVATOR CO., LENNOX INDUSTRIES, INC., MANNINGTON MILLS, INC., OAKFABCO, INC., OTIS ELEVATOR COMPANY, OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., PFIZER, INC. (PFIZER), PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), RIVER & LLOYD CORPORATION, f/k/a THE BIGELOW COMPANY, ROPER PUMP COMPANY, SPIRAX SARCO, INC., Individually and as successor to SPIRAX COMPANY, STANDARD MOTOR PRODUCTS, INC., SUPERIOR BOILER WORKS, INC., TDY INDUSTRIES, INC., f/k/a TELEDYNE INDUSTRIES, INC., Individually, and as successor to FARRIS ENGINEERING, THE B.F. GOODRICH COMPANY 2

3 (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THYSSENKRUPP ELEVATOR CORPORATION, Individually and as successor in interest to DOVER ELEVATOR COMPANY, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, US PLYWOOD COMPANY, VELAN VALVE CORPORATION, VELLUMOID INC., VIKING PUMP, INC., WARREN PUMPS, LLC, WEIL-MCLAIN, a Division of The Marley-Wylain Company, a Wholly Owned Subsidiary of The Marley Company, LLC, WEINMAN PUMP & SUPPLY CO., WEYERHAEUSER COMPANY, Defendants X WHEREAS Plaintiffs William E. Robaey, As Executor for the Estate of Marlena F. Robaey, and Edward Robaey, Individually, having settled and discontinued the actions against Amchem Products, Inc., n/k/a Rhone Poulenc AG Company, n/k/a Bayer Cropscience Inc., Aurora Pump Company, Bell & Gossett Company, Borg-Warner Morse Tec, Inc., Carrier Corporation, Caterpiller Inc., Certainteed Corporation, Cleaver Brooks Company, Inc., Crane Co., Crosby Valve LLC, Dana Companies, LLC, FMC Corporation, on Behalf of its Former Chicago Pump & Northern Pump Businesses, Georgia Pacific LLC, Goulds Pump LLC, Grinnell LLC, Honeywell International, Inc., f/k/a Allied Signal, Inc. / Bendix, IMO Industries, Inc., Ingersoll Rand Company, ITT Industries, Individually and as Successor-in-interest to Hoffman Specialty, ITT LLC, Individually and as Successor to Bell & Gossett, and as Successor to Kennedy Valve Manufacturing Co., Inc., Kaiser Gypsum Company, Inc., Kennedy Valve Manufacturing Co., Inc., Manville Personal Injury Settlement Trust, Minnesota Mining and Manufacturing Company, Spirax Sarco, Inc., Individually and as Successor to Spirax Company, The Fairbanks Company, Trane U.S., Inc., Union Carbide Corporation, United States Gypsum Asbestos Personal Injury Settlement Trust, Viking Pump, Inc., Weil-McLain, a Division of The Marley-Wylain Company, a Wholly Owned Subsidiary of The Marley Company, LLC, and Weinman Pump & Supply Co., with the aggregate 3

4 sum of all settlement amounts paid, or recited to be paid, to Plaintiffs being Nine Million, Four Hundred Ninety-Eight Thousand, Nine Hundred Twelve, and 82/100 Dollars ($9,498,912.82); AND the Court having dismissed Plaintiff s actions against Defendants Air & Liquid Systems Corporation, as successor-by-merger to Buffalo Pumps, Inc., American Biltrite, Inc., Azrock Industries, A Division of Domco, Inc., Bird Incorporated, Burnham, LLC, Individually, and as Successor to Burnham Corporation, BW/IP, Inc., and its Wholly Owned Subsidiaries, Byron Jackson Pumps, CBS Corporation, f/k/a Viacom, Inc., Successor by Merger to CBS Corporation, f/k/a Westinghouse Electric Corporation, Clyde Union, Inc., Columbia Boiler Company of Pottstown, Crown Boiler Co., f/k/a Crown Industries, Inc., Federal-Mogul Asbestos Personal Injury Trust, as Successor to the Former Vellumoid Inc., Division of Federal-Mogul Corporation, Flowserve US, Inc., Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, Gardner Denver, Inc., General Electric Company, Keeler-Dorr-Oliver Boiler Company, Kohler Co., Kone Inc., i/s/h/a Kone Elevators, Inc., Individually and as Successor to Armor Elevator Co., Lennox Industries, Inc., Mannington Mills, Inc., Otis Elevator Company, Peerless Industries, Inc., Pfizer, Inc. (Pfizer), Pneumo Abex LLC, Successor in Interest to Abex Corporation (Abex), Standard Motor Products, Inc., Superior Boiler Works, Inc., the B.F. Goodrich Company (Goodrich Corporation), US Plywood Company, Velan Valve Corporation, Vellumoid Inc., Warren Pumps, LLC, Weil-Mclain, a Division of The Marley-Wylain Company, a Wholly Owned Subsidiary of The Marley Company, LLC, and Weyerhaeuser Company, upon Defendants No-Opposition Summary Judgment Motions and/or the parties stipulations to discontinuance therefor; AND the actions against Defendants Oakfabco, Inc., Owens-Illinois, Inc., River & Lloyd Corporation, f/k/a the Bigelow Company, Roper Pump Company, TDY Industries, Inc., f/k/a Teledyne Industries, Inc., Individually, and as Successor to Farris Engineering, Thyssenkrupp Elevator Corporation, Individually and as Successor in Interest to Dover Elevator Company, U.S. Rubber Company (Uniroyal), having been discontinued and abandoned; AND the trial of this action having proceeded against Federal-Mogul Asbestos Personal Injury Trust, as a Successor to Felt Products Mfg. Co. ( Fel-Pro ), before the Honorable Joan A. Madden, a Justice of this Court, and a jury, at IAS Part 11, at Room 351 of this Court held at the Courthouse thereof, at 60 Centre Street, New York, New York, on or about November 28, 2016, and on certain dates and in proceedings occurring through January 20, 2017, and Plaintiff, having 4

5 duly appeared by her attorneys, Weitz & Luxenberg, P.C., and FelPro, by its attorneys Hawkins Parnell Thackston & Young LLP; AND Plaintiff s action against Fel-Pro having been tried to a verdict rendered January 20, 2017, in favor of Plaintiff and against Fel-Pro, and the jury having apportioned thirty percent (30%) of the fault to FelPro; AND, notwithstanding its decision to apportion Fel-Pro s equitable share at thirty percent (30%), the jury having found Fel-Pro to have acted with reckless disregard for the safety of others, pursuant to CPLR 1602(7), thereby negating the liability limitations set forth in CPLR 1601; AND the jury having apportioned forty percent (40%) of the fault as against settling Defendant Dana Companies, LLC, ten percent (10%) of the fault as against settling defendant Cleaver Brooks Company, Inc., and twenty percent (20%) of the fault as against settling Defendant Crane Co.; AND the aggregate equitable share apportioned to the settling tortfeasors thus totaling seventy percent (70%); AND settlement monies recited or received from tortfeasors not appearing on the verdict sheet totaling Six Hundred Eighty-Six Thousand Eight Hundred Seventy Five and 00/100 Dollars ($686,875.00); AND settlement monies recited or received from tortfeasors apportioned fault on the verdict sheet totaling Eight Million Eight Hundred Twelve Thousand Thirty-Seven and 82/100 Dollars ($8,812,037.82); AND the jury having rendered a compensatory damage award in favor of Marlena F. Robaey for her past pain and suffering in the amount of Forty Million and 00/100 Dollars ($40,000,000.00); AND the jury having rendered a compensatory damage award in favor of Marlena F. Robaey for her future pain and suffering in the amount of Ten Million and 00/100 Dollars ($10,000,000.00); AND the jury having rendered a compensatory damage award in favor of Edward Robaey for his past loss of consortium in the amount of Fifteen Million and 00/100 Dollars ($15,000,000.00); AND the jury having rendered a compensatory damage award in favor of Edward Robaey for his future loss of consortium in the amount of Ten Million and 00/100 Dollars ($10,000,000.00); 5

6 AND the Court, upon the post-trial motion of Fel-Pro for judgment as a matter of law dismissing the complaint or, alternatively, to set aside the verdict as against the weight of the evidence, having denied said motion to that extent, and having granted that branch of Fel-Pro s post-verdict motion to the extent of ordering a new trial (1) on the issue of Marlena F. Robaey s past damages unless Plaintiffs stipulate that the jury s award for Marlena F. Robaey s past pain and suffering shall be reduced to Twelve Million and 00/100 Dollars ($12,000,000.00), (2) on the issue of Marlena F. Robaey s future damages unless Plaintiffs stipulate that the jury s award for Marlena F. Robaey s future pain and suffering shall be reduced to Four Million and 00/100 Dollars ($4,000,000.00); (3) on the issue of Edward Robaey s past damages unless Plaintiffs stipulate that the jury s award for Edward Robaey s past loss of consortium shall be reduced to One Million and 00/100 Dollars ($1,000,000.00), and (4) on the issue of Edward Robaey s future damages unless Plaintiffs stipulate that the jury s award for Edward Robaey s future loss of consortium shall be reduced to Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00); AND the Plaintiffs having stipulated (1) that the jury s compensatory damage award in favor of Marlena F. Robaey for her past pain and suffering shall be reduced from Forty Million and 00/100 Dollars ($40,000,000.00), to Twelve Million and 00/100 Dollars ($12,000,000.00); (2) that the jury s compensatory damage award in favor of Marlena F. Robaey for her future pain and suffering shall be reduced from Ten Million and 00/100 Dollars ($10,000,000.00), to Four Million and 00/100 Dollars ($4,000,000.00); (3) that the jury s compensatory damage award in favor of Edward Robaey for his past loss of consortium shall be reduced from Fifteen Million and 00/100 Dollars ($15,000,000.00), to One Million and 00/100 Dollars ($1,000,000.00); and (4) that the jury s compensatory damage award in favor of Edward Robaey for his future loss of consortium shall be reduced from Ten Million and 00/100 Dollars ($10,000,000.00), to Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), making in all a total compensatory damage award to Plaintiffs in the amount of Seventeen Million Two Hundred Fifty Thousand and 00/100 Dollars ($17,250,000.00), one hundred percent of which constitutes non-economic damages; IT IS ORDERED, ADJUDGED AND DECREED that the Judgment entered January 15, 2019, is hereby vacated, and IT IS ORDERED, ADJUDGED AND DECREED that the net verdict be and is hereby 6

7 reduced by the amount of the settlement monies recited or received from tortfeasors not appearing on the verdict sheet, totaling Six Hundred Eighty-Six Thousand Eight Hundred Seventy Five and 00/100 Dollars ($686,875.00), leaving a net verdict of Sixteen Million Five Hundred Sixty-Three Thousand One Hundred Twenty-Five and 00/100 Dollars ($16,563,125.00), which is comprised of a total of Eleven Million Five Hundred Niney-Four Thousand One Hundred Eighty-Seven and 50/100 Dollars ($11,594,187.50) for Marlena F. Robaey s past pain and suffering, Three Million Eight Hundred Nine Thousand Five Hundred Eighteen and 75/100 Dollars ($3,809,518.75) for Marlena F. Robaey s future pain and suffering, Nine Hundred Ninety-Three Thousand Seven Hundred Eighty-Seven and 50/100 Dollars ($993,787.50) for Edward Robaey s past loss of consortium, and One Hundred Sixty-Five Thousand Six Hundred Thirty-One and 25/100 Dollars ($165,631.25) for Edward Robaey s future loss of consortium; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to G.O.L , the net verdict be and is hereby reduced to thirty percent (30%) of the total verdict, being thirty percent (30%) of Eleven Million Five Hundred Niney-Four Thousand One Hundred Eighty-Seven and 50/100 Dollars ($11,594,187.50) for Marlena F. Robaey s past pain and suffering, or Three Million Four Hundred Seventy-Eight Thousand, Two Hundred Fifty-Six and 25/100 Dollars ($3,478,256.25), thirty percent (30%) of Three Million Eight Hundred Nine Thousand Five Hundred Eighteen and 75/100 Dollars ($3,809,518.75) for Marlena F. Robaey s future pain and suffering, or One Million One Hundred Forty-Two Thousand Eight Hundred Fifty- Five and 62/100 Dollars ($1,142,855.62), thirty percent (30%) of Nine Hundred Ninety-Three Thousand Seven Hundred Eighty-Seven and 50/100 Dollars ($993,787.50) for Edward Robaey s past loss of consortium, or Two Hundred Ninety-Eight Thousand One Hundred Thirty-Six and 254/100 Dollars ($298,136.25), and thirty percent (30%) of One Hundred Sixty-Five Thousand Six Hundred Thirty-One and 25/100 Dollars ($165,631.25) for Edward Robaey s future loss of consortium, or Forty-Nine Thousand Six Hundred Eighty-Nine and 38/100 Dollars ($49,689.38), leaving a net total verdict of Four Million Nine Hundred Sixty-Eight Thousand Nine Hundred Thirty-Seven and 50/100 Dollars ($4,968,937.50); and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff William E. Robaey, as Executor for the Estate of Marlena F. Robaey, 53 Pleasant Valley Road, Washington, 7

8 New Jersey 07882, has final judgment against Defendant Federal-Mogul Asbestos Personal Injury Trust (as a Successor to Felt Products Mfg. Co.), j Wilmington Trust SP Services, Inc., 1105 N. Market Street, Suite 1300, Wilmington, Delaware 19801, in the sum of Three Million Four Hundred Seventy-Eight Thousand, Two Hundred Fifty-Six and 25/100 Dollars ($3,478,256.25) for Marlena F. Robaey s past pain and suffering, and the lump sum amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) for her future pain and suffering pursuant to CPLR 5041(e), giving the amount of Three Million Seven Hundred Twenty-Eight Thousand, Two Hundred Fifty- Six and 25/100 Dollars ($3,728,256.25), AND pursuant to CPLR 5002 and 5004 interest is awarded upon this sum at nine percent (9%) per annum simple interest, as computed by the judgment clerk, in the amount of, bringing the total award to Dollars, and have execution thereon; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Edward Robaey, individually, 8 Nunn Avenue, Washington, New Jersey 07882, has final judgment against Defendant Federal-Mogul Asbestos Personal Injury Trust (as a Successor to Felt Products Mfg. Co.), j Wilmington Trust SP Services, Inc., 1105 N. Market Street, Suite 1300, Wilmington, Delaware 19801, in the sum of Two Hundred Ninety-Eight Thousand One Hundred Thirty-Six and 254/100 Dollars ($298,136.25) for Edward Robaey s past loss of consortium, and in the sum of Forty-Nine Thousand Six Hundred Eighty-Nine and 38/100 Dollars ($49,689.38) for his future loss of consortium, giving the amount of Three Hundred Forty-Seven Thousand, Eight Hundred Twenty-Five and 63/100 Dollars ($347,825.63), AND pursuant to CPLR 5002 and 5004 interest is awarded upon this sum at nine percent (9%) per annum simple interest, as computed by the judgment clerk, in the amount of, bringing the total award to Dollars, and have execution thereon; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that costs and disbursements are taxed in the sum of $800 Dollars, divided equally ($400 each) as between Plaintiffs William E. Robaey, As Executor for the Estate of Marlena F. Robaey, and Edward Robaey, Individually, bringing the total net lump sum verdict to Four Million Seventy-Six Thousand Eight Hundred Eighty-One and 88/100 Dollars ($4,076,881.88) (Proposed Bill of Costs attached as 8

9 Exhibit A ); and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the remaining amount of future damages being Eight Hundred Ninety-Two Thousand Eight Hundred Fifty-Five and 62/100 Dollars ($892,855.62), Plaintiff William E. Robaey, as Executor for the Estate of Marlena F. Robaey, 53 Pleasant Valley Road, Washington, New Jersey 07882, has final judgment against Defendant Federal-Mogul Asbestos Personal Injury Trust (as a Successor to Felt Products Mfg. Co.), j Wilmington Trust SP Services, Inc., 1105 N. Market Street, Suite 1300, Wilmington, Delaware 19801, for the present value of Marlena Robaey s remaining future pain and suffering (after subtraction of attorneys fees in a lump sum, pursuant to CPLR 5041(c)), in the amount of Five Hundred Ninety Thousand Three Hundred Fifty-Six and 13/100 Dollars ($590,356.13), AND pursuant to CPLR 5002 and 5004 interest is awarded upon this sum at nine percent (9%) per annum simple interest, as computed by the judgment clerk, in the lump sum amount of, bringing the total award to Dollars, and have execution thereon; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to C.P.L.R. 5041(c), the law firm of WEITZ & LUXENBERG, P.C., located at 700 Broadway, New York, New York 10003, shall recover from Defendant Federal-Mogul Asbestos Personal Injury Trust (as a Successor to Felt Products Mfg. Co.), j Wilmington Trust SP Services, Inc., 1105 N. Market Street, Suite 1300, Wilmington, Delaware 19801, the sum of Two Hundred Ninety-Five Thousand One Hundred Seventy-Eight and 07/100 Dollars ($295,178.07), and have execution thereon, and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to C.P.L.R. 5041(e), Defendant Federal-Mogul Asbestos Personal Injury Trust (as a Successor to Felt Products Mfg. Co.), j Wilmington Trust SP Services, Inc., 1105 N. Market Street, Suite 1300, Wilmington, Delaware 19801, be and is hereby directed to offer and purchase and warranty payment of an annuity contract designated as qualified by the Superintendent of Insurance for Plaintiff William E. Robaey, as Executor for the Estate of Marlena F. Robaey, 53 Pleasant Valley Road, Washington, New Jersey 07882, that will pay him equal monthly installments in the amount of 9

10 Forty-Nine Thousand One Hundred Ninety-Six and 34/100 Dollars ($49,196.34) for Marlena F. Robaey s future pain and suffering for one year from January 20, 2017, and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, upon satisfaction of the judgment by Defendant Federal-Mogul Asbestos Personal Injury Trust, and once plaintiffs have been made whole, Federal-Mogul Asbestos Personal Injury Trust shall have, up to the amount of Federal-Mogul Asbestos Personal Injury Trust s payment to Plaintiffs in satisfaction of the Judgment: (a) the right to receive any settlement recoveries received from any entity; (b) the right to pursue proofs of claim in accordance with applicable trust distribution procedures that have previously been filed against any asbestos bankruptcy trusts; and (c) the right to file additional proofs of claim in accordance with applicable trust distribution procedures against any asbestos bankruptcy trust that have not been previously filed. Judgment signed this day of, Hon. Joan A. Madden Clerk of the Court 10

FILED: NEW YORK COUNTY CLERK 08/12/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2013

FILED: NEW YORK COUNTY CLERK 08/12/2013 INDEX NO. 190276/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X