FILED: NEW YORK COUNTY CLERK 12/02/2013 INDEX NO. 190525/2012 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/02/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THOMAS H. DAVIS -against- Plaintiff, 3M Co. (f/k/a Minnesota Mining & Manufacturing Co.), et al., Defendants. See Attached Rider FULL CAPTION Index No.: 190525/2012 Date Filed: 11/07/2012 Plaintiff Designates NEW YORK COUNTY as the Place of Trial The Basis of Venue is Defendants Place of Business AMENDED SUMMONS TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned to answer the Amended Verified Complaint in this action and to serve a copy of your Answer, or, if the Amended Complaint is not served with this Amended Summons, to serve a Notice of Appearance, on the Plaintiff s Attorney within 20 days after the service of this Amended Summons, exclusive of the day of service (or within 30 days after the service is complete if this Amended Summons is not personally delivered to you within the State of New York). In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: December 2, 2013 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintiff 126 East 56 th Street, 6 th Floor New York, New York 10022 Phone: (212) 421-2800 Defendants addresses: See Attached Rider By: Darron E. Berquist, Esq.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THOMAS H. DAVIS Plaintiff, Index No.: 190525/2012 -against- 3M CO. (f/k/a Minnesota Mining & Manufacturing Co.); ABB INC. (as successor to ITE Imperial Co., f/k/a ITE Circuit Breaker Co.); AMERICAN CRANE & EQUIPMENT CORP.; APPLETON ELECTRIC LLC; BAGBY ELEVATOR CO. INC.; CBS CORP. (f/k/a Viacom Inc., successor by merger to CBS Corp., f/k/a Westinghouse Electric Corp.); CRANE CO. (individually and as successor-in-interest to Cochrane Corp., Cochrane Valves, Chapman Valve Manufacturing Co., Jenkins Bros., Jenkins Valves, and Swartwout Valve); COLUMBUS MCKINNON CORP.; COOPER INDUSTRIES LLC (individually and as successor to Cooper Crouse-Hinds Inc. and Crouse-Hinds Co.); EATON CORP. (as successor to Cutler-Hammer Inc.); GENERAL ELECTRIC CO.; HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.); MAGNETEK INC.; MARIO & DIBONO PLASTERING CO. INC.; OTIS ELEVATOR CO.; OWENS-ILLINOIS INC.; SCHNEIDER ELECTRIC USA INC., (f/k/a Square D Co.); SIEMENS CORP. (individually and as successor to ITE Circuit Breaker Co.); TEREX CORP.; THYSSENKRUPP ELEVATORS AMERICA CORP. (individually and as successor to Dover Corp.); W. W. GRAINGER INC.; PNEUMO-ABEX LLC (individually and as successor-in-interest to Abex Corp. and American Brake Bloc); SCHINDLER ELEVATOR CORP. (individually and as successor to Haughton Elevator Co.); THE TEXACONE CO. INC., Defendants. FULL CAPTION RIDER
DEFENDANTS ADDRESS/SERVICE RIDER DEFENDANTS SERVICE ADDRESS 3M Co. (f/k/a Minnesota Mining & Manufacturing Co.) ABB Inc. (as successor to ITE Imperial Co., f/k/a ITE Circuit Breaker Co.) American Crane & Equipment Corp. Appleton Electric LLC Bagby Elevator Co. Inc. Via New York Secretary of State (BCL 307) With Further Registered Mail Service Upon: Bagby Elevator Co. Inc. 4240 First Ave. South Birmingham, AL 35232 CBS Corp. (f/k/a Viacom Inc., successor by merger to CBS Corp., f/k/a Westinghouse Electric Corp.) Via New York Secretary of State (BCL 306) Crane Co. (individually and as successor-ininterest to Cochrane Corp., Cochrane With Further Registered Mail Service Upon: Via New York Secretary of State (BCL 307) Valves, Chapman Valve Manufacturing Co., The Corporation Trust Co. Jenkins Bros., Jenkins Valves, and Corporation Trust Center Swartwout Valves) 1209 Orange Street Wilmington, DE 19801 Columbus McKinnon Corp. Via New York Secretary of State (BCL 306) Cooper Industries LLC (individually and as successor to Cooper Crouse-Hinds Inc. and Crouse-Hinds Co.) Eaton Corp. (as successor to Cutler- Hammer Inc.) Via New York Secretary of State (BCL 307) With Further Registered Mail Service Upon: Cooper Industries LLC 600 Travis St. #1200 Houston, TX 77002 Via New York Secretary of State (BCL 306) General Electric Co. Via New York Secretary of State (BCL 306) Honeywell International Inc. (f/k/a Via New York Secretary of State (BCL 306) Honeywell Inc., Allied Signal Inc. and Bendix Corp.) Magnetek Inc.
Mario & DiBono Plastering Co. Inc. Via New York Secretary of State (BCL 306) Otis Elevator Co. Owens-Illinois Inc. Schneider Electric USA Inc., (f/k/a Square D Co.) Siemens Corp. (individually and as successor to ITE Circuit Breaker Co.) AND c/o John J. Fanning, Esq. Cullen & Dykman LLP 177 Montague St. Brooklyn, NY 11201 c/o Paul A. Scrudato, Esq. Schiff Hardin LLP 666 Fifth Avenue, Suite 1700 New York, NY 10103 Via New York Secretary of State (BCL 306) Terex Corp. Via New York Secretary of State (BCL 307) With Further Registered Mail Service Upon: Terex Corp. 200 Nyala Farm Rd. Westport, CT 06880 ThyssenKrupp Elevators America Corp. (individually and as successor to Dover Corp.) Via New York Secretary of State (BCL 307) With Further Registered Mail Service Upon: Corporation Service Co. 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808 W. W. Grainger Inc. Pneumo-Abex LLC (individually and as successor-in-interest to Abex Corp. and American Brake Bloc) Schindler Elevator Corp. (individually and as successor to Haughton Elevator Co.) The Prentice Hall Corporation System 80 State Street Albany, NY 12207 Via New York Secretary of State (BCL 306) The Texacone Co. Inc. Via New York Secretary of State (BCL 307) With Further Registered Mail Service Upon: The Texacone Co. Inc. 4111 Forney Ave. Mesquite, TX 75149
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THOMAS H. DAVIS Plaintiff, -against- 3M CO. (f/k/a Minnesota Mining & Manufacturing Co.); ABB INC. (as successor to ITE Imperial Co., f/k/a ITE Circuit Breaker Co.); AMERICAN CRANE & EQUIPMENT CORP.; APPLETON ELECTRIC LLC; BAGBY ELEVATOR CO. INC.; CBS CORP. (f/k/a Viacom Inc., successor by merger to CBS Corp., f/k/a Westinghouse Electric Corp.); CRANE CO. (individually and as successor-in-interest to Cochrane Corp., Cochrane Valves, Chapman Valve Manufacturing Co., Jenkins Bros., Jenkins Valves, and Swartwout Valve); COLUMBUS MCKINNON CORP.; COOPER INDUSTRIES LLC (individually and as successor to Cooper Crouse-Hinds Inc. and Crouse-Hinds Co.); EATON CORP. (as successor to Cutler-Hammer Inc.); GENERAL ELECTRIC CO.; HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.); MAGNETEK INC.; MARIO & DIBONO PLASTERING CO. INC.; OTIS ELEVATOR CO.; OWENS-ILLINOIS INC.; SCHNEIDER ELECTRIC USA INC., (f/k/a Square D Co.); SIEMENS CORP. (individually and as successor to ITE Circuit Breaker Co.); TEREX CORP.; THYSSENKRUPP ELEVATORS AMERICA CORP. (individually and as successor to Dover Corp.); W. W. GRAINGER INC.; PNEUMO-ABEX LLC (individually and as successor-in-interest to Abex Corp. and American Brake Bloc); SCHINDLER ELEVATOR CORP. (individually and as successor to Haughton Elevator Co.); THE TEXACONE CO. INC., Index No.: 190525/2012 VERIFIED AMENDED COMPLAINT Defendants.
Plaintiff, THOMAS H. DAVIS, by and through his attorneys, THE LANIER LAW FIRM PLLC, upon information and belief, allege at all times hereinafter mentioned as follows: 1. Plaintiff, THOMAS H. DAVIS, is a resident of Northport, Alabama. 2. Defendant 3M CO. (f/k/a Minnesota Mining & Manufacturing Co.), was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 3. Defendant ABB INC. (as successor to ITE Imperial Co., f/k/a ITE Circuit Breaker Co.), was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 4. Defendant AMERICAN CRANE & EQUIPMENT CORP. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 5. Defendant APPLETON ELECTRIC LLC was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 6. Defendant BAGBY ELEVATOR CO. INC. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 7. Defendant CBS CORP. (f/k/a Viacom Inc., successor by merger to CBS Corp., f/k/a Westinghouse Electric Corp.) was and still is a duly organized foreign corporation doing
business and/or transacting business in the State of New York and/or should have 8. Defendant CRANE CO. (individually and as successor-in-interest to Cochrane Corp., Cochrane Valves, Chapman Valve Manufacturing Co., Jenkins Bros., Jenkins Valves, and Swartwout Valves) was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 9. Defendant COLUMBUS MCKINNON CORP. was and still is a duly organized domestic corporation doing business and/or transacting business in the State of New York and/or should have 10. Defendant COOPER INDUSTRIES LLC (individually and as successor to Cooper Crouse-Hinds Inc. and Crouse-Hinds Co.) was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 11. Defendant EATON CORP. (as successor to Cutler-Hammer Inc.) was and still is a duly organized domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 12. Defendant GENERAL ELECTRIC CO. was and still is a duly organized domestic corporation doing business and/or transacting business in the State of New York and/or should have 13. Defendant HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.) was and still is a duly organized foreign corporation doing
business and/or transacting business in the State of New York and/or should have 14. Defendant MAGNETEK INC. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 15. Defendant MARIO & DIBONO PLASTERING CO. INC. was and still is a duly organized domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 16. Defendant OTIS ELEVATOR CO. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 17. Defendant OWENS-ILLINOIS INC. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 18. Defendant SCHNEIDER ELECTRIC USA INC., (F/K/A SQUARE D CO.) was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 19. Defendant SIEMENS CORP. (individually and as successor to ITE Circuit Breaker Co.) was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York.
20. Defendant TEREX CORP. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 21. Defendant THYSSENKRUPP ELEVATORS AMERICA CORP. (individually and as successor to Dover Corp.) was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 22. Defendant W. W. GRAINGER INC. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 23. Defendant PNEUMO-ABEX LLC (individually and as successor-in-interest to Abex Corp. and American Brake Bloc) was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have 24. Defendant SCHINDLER ELEVATOR CORP. (individually and as successor to Haughton Elevator Co.) was and still is a duly organized domestic corporation doing business and/or transacting business in the State of New York and/or should have 25. Defendant THE TEXACONE CO. INC. was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have
26. Plaintiff repeats and re-alleges NYCAL THE LANIER LAW FIRM PLLC STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY as if fully incorporated herein as it pertains to the defendants in the aforementioned caption. Dated: December 2, 2013 New York, New York Respectfully submitted, THE LANIER LAW FIRM PLLC Attorneys for Plaintiff 126 East 56 th Street, 6 th Floor New York, New York 10022 Phone: (212) 421-2800 By: Darron E. Berquist, Esq.
STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice in the Courts of New York State, shows: Deponent is an associate of THE LANIER LAW FIRM PLLC, counsel for the Plaintiff/s in the within action; deponent has read the foregoing Amended Summons and Amended Verified Complaint and knows the contents thereof; the same is true to deponent s own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, deponent believes same to be true. This verification is made by deponent and not by Plaintiff/s, because Plaintiff/s reside/s outside of the County of New York, where the deponent maintains his office. Dated: December 2, 2013 New York, New York DARRON E. BERQUIST, ESQ.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THOMAS H. DAVIS Index No.: 190525/2012 Plaintiff, - against - CERTIFICATION 3M CO. (f/k/a Minnesota Mining & Manufacturing Co.), et al., Defendants. DARRON E. BERQUIST, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, hereby certifies, in accordance with 22 NYCRR Part 130-1.1-a of the Rules of the Chief Administrator, that to the best of my knowledge, information and belief, which was formed after a reasonable inquiry under the circumstances, the presentation of the foregoing Amended Summons and Amended Verified Complaint and its contents are not frivolous, as the term is defined in Part 130. Dated: December 2, 2013 New York, New York Respectfully submitted, THE LANIER LAW FIRM PLLC Attorneys for Plaintiff 126 East 56 th Street, 6 th Floor New York, New York 10022 Phone: (212) 421-2800 By: Darron E. Berquist, Esq.