Dept. A-L Assigned rte. FILED 1 STUART PURDY, CA Bar No. 183151 4 Superior Court of California CONOR NIDEFFER, CA BAR No. 253931 County of I_os Annoles 2 SIMON GREENSTONE PANATIER, P. C. SEP 0 5 2018 3780 Kilroy Airport Way, Suite 540 3 Long Beach, California 90806 Sherri R. • w^^irrt,'ierk of Court By Deputy fem. Telephone (562) 590-3400 4 Facsimile (562) 590-3412 j;Wy Smith 5 JOHN M. CARON, Esq., CA Bar No. 130633 THE LAW OFFICE OF WORTHINGTON & CARON, P. C. 6 273 W. 7th Street San Pedro, California 90731 7 Telephone (310) 221-8090 Facsimile (310) 221-8095 8 Attorneys for Plaintiff 9 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF LOS ANGELES 13 C 7 2 01 3 14 LINDA ZIMMERMAN, Case No. B 15 Plaintiff, COMPLAINT FOR PERSONAL INJURY- ASBESTOS (NEGLIGENCE; STRICT LIABILITY) 16 vs. 17 AUTOZONE, INC.; 18 AUTOZONE WEST LLC f/k/a AUTOZONE WEST, INC. (sued 19 individually and as successor-in-interest to CHIEF AUTO PARTS); 20 AVON PRODUCTS, INC.; 21 BARRETTS MINERALS INC.; BRENNTAG NORTH AMERICA, 22 INC. (sued individually and as successor- in-interest to MINERAL PIGMENT 23 SOLUTIONS, INC. and as successor-in- 24 interest to WHITTAKER CLARK & DANIELS, INC.); 25 BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT 26 SOLUTIONS, INC. (sued individually 27 and as successor-in-interest to WHITTAKER CLARK & DANIELS, 28 INC.); C' COMPLAINT FOR PERSONAL INJURY - ASBESTOS 1 BRISTOL-MYERS SQUIBB COMPANY (sued individually and as 2 successor-in-interest to CHARLES OF 3 THE RITZ); CHANEL, INC.; 4 CHARLES B. CHRYSTAL. COMPANY, INC.; 5 CYPRUS AMAX MINERALS 6 COMPANY (sued individually, doing business as, and as successor to 7 AMERICAN TALC COMPANY, METROPOLITAN TALC CO. INC. and 8 CHARLES MATHIEU INC. and 9 SIERRA TALC COMPANY and UNITED TALC COMPANY); 10 GENUINE PARTS COMPANY a/k/a NAPA; 11 HONEYWELL INTERNATIONAL, 12 INC. f/k/a ALLIED-SIGNAL, INC. (sued as successor-in-interest to BENDIX 13 CORPORATION); IMERYS TALC AMERICA, INC. 14 (sued individually and as successor-in- 15 interest to LUZENAC AMERICA, INC. successor-in-interest to CYPRUS 16 INDUSTRIAL MINERALS COMPANY and WINDSOR MINERALS, INC. and 17 METROPOLITAN TALC CO. INC.); 18 JOHNSON & JOHNSON; JOHNSON & JOHNSON 19 CONSUMER INC., a subsidiary of JOHNSON & JOHNSON; 20 MACY'S INC. (sued individually and as 21 successor-in-interest to ROBINSONS- MAY successor-in-interest to J. W. 22 ROBINSONS, and as successor-in- interest to BULLOCKS and 23 BROADWAY STORES, INC.); 24 PNEUMO ABEX LLC (sued as successor-in-interest to ABEX 25 CORPORATION); RALPH'S GROCERY COMPANY, a 26 subsidiary of THE KROGER 27 COMPANY; REVLON CONSUMER PRODUCTS 28 CORPORATION;, 2 COMPLAINT FOR PERSONAL INJURY - ASBESTOS 1 RITE AID CORPORATION (sued individually and for its subsidiary 2 THRIFTY PAYLESS HOLDINGS, INC. 3 d/b/a THRIFTY DRUGS); THRIFTY PAYLESS INC., a subsidiary 4 of RITE AID CORPORATION formerly d/b/a THRIFTY DRUGS; 5 UNION CARBIDE CORPORATION; 6 WHITTAKER CLARK & DANIELS, INC.; and 7 DOES 1-450 INCLUSIVE, 8 Defendants. 9 GENERAL ALLEGATIONS 10 COMES NOW Plaintiff, LINDA ZIMMERMAN (hereinafter "Plaintiff'), and 11 complains and alleges as follows: 12 1. The true names and capacities, whether individual, corporate, associate, 13 governmental or otherwise of Defendant DOES 1 through 450, inclusive, are unknown to 14 Plaintiff at this time, who therefore sues said Defendants by such fictitious names. When the 15 true names and capacities of said Defendants have been ascertained, Plaintiff will amend this 16 Complaint accordingly. Plaintiff is informed and believes, and thereon alleges, that each 17 Defendant designated herein as a DOE is responsible, negligently or in some other actionable 18 manner, for the events and happenings hereinafter referred to, and caused injuries and damages 19 proximately thereby to the Plaintiff, as hereinafter alleged. 20 2. At all times herein mentioned, each of the Defendants were the agent, servant, 21 employee and/or joint venture of its Co-Defendants and each of them, and at all said times 22 each Defendant was acting in the full course and scope of said agency, service, employment 23 and/or joint venture. Plaintiff is informed and believes, and thereon alleges that at all times 24 herein mentioned, Defendants AUTOZONE, INC., AUTOZONE WEST LLC f/k/a AUTOZONE WEST, INC. (sued individually and as successor-in-interest to CHIEF AUTO PARTS); AVON PRODUCTS, INC., BARRETTS MINERALS INC., BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to MINERAL PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER CLARK & 3 COMPLAINT FOR PERSONAL INJURY - ASBESTOS 1 DANIELS, INC:), BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT 2 SOLUTIONS, INC. (sued individually and as successor-in-interest to WHITTAKER CLARK 3 & DANIELS, INC.), BRISTOL-MYERS SQUIBB COMPANY (sued individually and as 4 successor-in-interest to CHARLES OF THE RITZ), CHANEL, INC., CHARLES B. 5 CHRYSTAL COMPANY, INC., CYPRUS AMAX MINERALS COMPANY (sued 6 individually, doing business as, and as successor to AMERICAN TALC COMPANY, 7 METROPOLITAN TALC CO. INC. and CHARLES MATHIEU INC. and SIERRA TALC 8 COMPANY and UNITED TALC COMPANY), GENUINE PARTS COMPANY a/k/a 9 NAPA; HONEYWELL INTERNATIONAL, INC. f/k/a ALLIED-SIGNAL, INC. (sued as 10 successor-in-interest to BENDIX CORPORATION), IMERYS TALC AMERICA, INC. 11 (sued individually and as successor-in-interest to LUZENAC AMERICA, INC. successor-in- 12 interest to CYPRUS INDUSTRIAL MINERALS COMPANY and WINDSOR MINERALS, 13 INC. and METROPOLITAN TALC CO. INC.), JOHNSON & JOHNSON, JOHNSON & 14 JOHNSON CONSUMER INC., a subsidiary of JOHNSON & JOHNSON, MACY'S INC. 15 (sued individually and as successor-in-interest to ROBINSONS-MAY successor-in-interest to 16 J. W. ROBINSONS, and as successor-in-interest to BULLOCKS and BROADWAY 17 STORES, INC.), PNEUMO ABEX LLC (sued as successor-in-interest to ABEX 18 CORPORATION), RALPH'S GROCERY COMPANY, a subsidiary of THE KROGER 19 COMPANY, REVLON CONSUMER PRODUCTS CORPORATION, REVLON, INC., 20 RITE AID CORPORATION (sued individually and for its subsidiary THRIFTY PAYLESS 21 HOLDINGS, INC. d/b/a THRIFTY DRUGS), THRIFTY PAYLESS, INC., a subsidiary of 22 RITE AID CORPORATION, formerly d/b/a THRIFTY DRUG STORES, INC., UNION 23 CARBIDE CORPORATION, WHITTAKER CLARK & DANIELS, INC., and DOES 1- 24 450 inclusive were individuals, corporations, partnerships and/or unincorporated associations 25 organized and existing under and by virtue of the laws of the State of California, or the laws of 26 some other state or foreign jurisdiction, and that said Defendants, and each of them, were and 27 are authorized to do and are doing business in the State of California, or the laws of some other 28 state or foreign jurisdiction, and that said Defendants have regularly conducted business in the 4 COMPLAINT FOR PERSONAL INJURY - ASBESTOS 1 County of Los Angeles, State of California. 2 3. Plaintiff alleges herein that she developed malignant mesothelioma as a result of 3 exposure to asbestos from Defendants' asbestos, and/or raw asbestos fiber of various kinds and 4 grades, and/or asbestos-containing products, and/or asbestos-containing talc and/or other finished and unfinished asbestos-containing talcum powder products, and/or equipment 6 requiring and/or calling for the use of asbestos and/or asbestos-containing products, and/or 7 products designed to cut, saw, or otherwise manipulate, and/or equipment solely designed to 8 be used with asbestos-containing products including: AUTOZONE, INC. (as a supplier of 9 asbestos-containing friction products); AUTOZONE WEST LLC f/k/a AUTOZONE WEST, 10 INC. (sued individually and as successor-in-interest to CHIEF AUTO PARTS) (as a supplier 11 of asbestos-containing friction products); AVON PRODUCTS, INC. (for asbestos- 12 containing Avon Unforgettable talcum powder); BARRETTS MINERALS INC. (as a 13 supplier of asbestos-containing talc); BRENNTAG NORTH AMERICA, INC. (sued 14 individually and as successor-in-interest to MINERAL PIGMENT SOLUTIONS, INC. and as 15 successor-in-interest to WHITTAKER CLARK & DANIELS, INC.) (as a supplier of 16 asbestos-containing talc); BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT 17 SOLUTIONS, INC. (sued individually and as successor-in-interest to WHITTAKER CLARK 18 & DANIELS, INC.) (as a supplier of asbestos-containing talc); BRISTOL-MYERS 19 SQUIBB COMPANY (sued individually and as successor-in-interest to CHARLES OF THE 20 RITZ) (for asbestos-containing Jean Nate talcum powder); CHANEL, INC. (for asbestos- 21 containing Chanel No. 5 talcum powder); CHARLES B. CHRYSTAL COMPANY, INC. 22 (as a supplier of asbestos-containing talc); CYPRUS AMAX MINERALS COMPANY 23 (sued individually, doing business as, and as successor to AMERICAN TALC COMPANY, 24 METROPOLITAN TALC CO. INC. and CHARLES MATHIEU INC. and SIERRA TALC 25 COMPANY and UNITED TALC COMPANY) (as a supplier of asbestos-containing talc); 26 GENUINE PARTS COMPANY a/k/a NAPA (as a supplier of asbestos-containing friction 27 products); HONEYWELL INTERNATIONAL, INC. f/k/a ALLIED-SIGNAL, INC. (sued 28 as successor-in-interest to BENDIX CORPORATION) (for asbestos-containing Bendix 5 COMPLAINT FOR PERSONAL INJURY - ASBESTOS 1 Brakes); IMERYS TALC AMERICA, INC. (sued individually and as successor-in-interest 2 to LUZENAC AMERICA, INC. successor-in-interest to CYPRUS INDUSTRIAL 3 MINERALS COMPANY and WINDSOR MINERALS, INC. and METROPOLITAN TALC 4 CO. INC.) (as a supplier of asbestos-containing talc); JOHNSON & JOHNSON (for 5 Johnson's Baby Powder and Shower-to-Shower talcum powder); JOHNSON