Document 07371n7j5vO21eD4Lm65MXok

BY ShER/fe Special Deputy Attorney(s) Smith, Stratton, Wise, Heher & Brennan Office Address & Tel No One Palmer Square, Princeton, NJ Attorney(s) for Plaintiff(s) 08540 (609) 924-6000 Plaintiff (s) CARL R PATTON and CYNTHIA L PATTON, as Administrators ad Prosequendum for the heirs- at-law of LISA GAIL PATTON, deceased, and CARL R PATTON and CYNTHIA L PATTON, indiv idually vs Defendant (at OCCIDENTAL CHEMICAL CORP , a/k/a HOOKER CHEMICAL & PLASTICS CORP SUPERIOR COURT OF NEW JERSEY LAW DIVISION BURLINGTON COUNTY Docket No L-018465-82 CIVIL ACTION g'unraumH Wt}t g>tate of Jleto Serfiep to tfje gbobe i&ameb Befenbant(g) YOUARE HEREBYSUMMONED in a Civil Action in the Superior Court ofNew Jersey instituted by the above named plamtiff(s) and required to seme upon the attorney(s) for the plamtiff(s) whose name and office address appears above an answer to the annexed complaint within 20 days after the service of the summons and complaint upon you exclusive of the day of semce If you fail to answer judgment by default may be rendei ed against you for the relief demanded in the complaint You shall promptly file your answer and proof of semice thereof m duplicate mth the Clerk of the Superior Court P O Box 1300 Trenton Neu Jersey 08625 m accordance with the rules of civil practice and procedure If you are unable to obtain an attorney you may communicate with the Neu Jersey State Bar Association by calling toll free 800 792 8315 You may also contact the Lawyer Referral Set vice of the County in which you reside by calling If you cannot afford an attorney you may communicate with the Legal Sen tees office of the County m which you reside by calling Dated December 1, 19 82 La11( lmS c- Name of defendant to be seried Address for semice Clerk of the Superior Court Occidental Chemical Corp , a/k/a Hooker Chemical & Plastics Corp Corporation Trust Company 2 8 West State Street OCC 015883 Trenton, NJ 08608 31 -- N J SUMMONS -- SUPERIOR COURT (R ed 9/8/801 ADG VST COPYRIGHT! 1969 BY ALL STATE LEGAL SUPPLY CO 259 SHEFFIELD STREET MOUNTAINSIDE NJ 07092 +FH> L.p ;<!S5-w v LAW OFFICES Smith Stratton Wise, heher a Brennan ONE PALMER SQUARE (P O BOX 1154) PRINCETON NEW JERSEY 08540 (609) 924 6000 attorneys for - Plaintiffs____________ SUPERIOR COURT OP NEW JERSEY LAW DIVISION-BURLINGTON COUNTY DOCKET NO CARL R PATTON and CYNTHIA L PATTON, as Administrators ad Prosequendum for the heirsat-law Of LISA GAIL PATTON, deceased, and CARL R PATTON and CYNTHIA L PATTON, individually. ) ) ) ) Civil Action COMPLAINT AND JURY DEMAND Plaintiffs, ) VS ) OCCIDENTALCHEMICAL CORP , a/k/a HOOKER CHEMICAL & PLASTICS CORP , J ) Defendant ) Plaintiffs, Carl R Patton and Cynthia L Patton, residing at 3933 E Falcon Court North, McGuire Air Force Base, Borough of Wrightstown, State of New Jersey 08641, through their attorneys. OCC 015884 Smith, Stratton, Wise, Heher & Brennan, complaining of the defendant, say FIRST COUNT 1 Defendant Occidental Chemical Corp , a/k/a Hooker Chemicals & Plastics Corp , (hereinafter "Hooker") is a subsidi ary of Occidental Petroleum Corporation, a New York corporation authorized to do business and doing business in New Jersey 2 On or about the 23 day of November, 1982, Letters of Administration ad Prosequendum were granted by the Surrogate of the County of Burlington, State of New _ Jersey, to the plaintiffs, Carl R Patton and Cynthia L Patton, for the purpose of prosecuting a claim of the heirs-at-law of Lisa Gail Patton, ("Lisa Patton") deceased, against the defendant for the death of Lisa Gail Patton 3 Lisa Patton left surviving her as her heirs-at-law her mother, Cynthia L Patton, and her father, Carl R Patton, and siblings. Tiffany, Jill and David John, all of whom have sustained pecuniary damages from the death of Lisa Patton 4 This action has been commenced within two years after the death of Lisa Patton 5 Plaintiff Cynthia Patton was employed by and worked at defendant Hooker, Ruco Division, located in Burlington, New Jersey, from on or about December 17, 1979 until on or about November 17, 1980 Mrs Patton became pregnant in March, 1980, OCC 015885 and continued working for defendant Hooker until three weeks before her baby was due 6 Plaintiff Cynthia Patton was exposed during the time she worked for defendant Hooker and during the time she was pregnant to a number of chemicals present at the Hooker facil ity, including without limitation chromium, lead chromate, arsenic, PVC, vinyl chloride (monomers), IIP (rubber resins), benzene, cadmium and resins (nitro-oxide) 7 Plaintiff Cynthia Patton gave birth on December 5, 1980 to a severely deformed baby girl, Lisa Patton, who was diagnosed as having spina bifida, club feet, and severe respira tory problems 8 Lisa Patton survived only seven months, and died m July, 1981 9 Prior the the birth of Lisa Patton, plaintiff Cynthia Patton had given birth to two healthy, normal children Subse quent to Lisa Patton's death, plaintiff Cynthia Patton gave birth in the spring of 1982 to a healthy, normal child 10 The aforesaid deformity and illness of Lisa Patton was caused by the exposure of plaintiff Cynthia Patton during her pregnancy while she was employed by defendant Hooker to the chemicals present at the defendant's facility located in Burlington, New Jersey, m that defendant Hooker negligently and wrongfully failed to provide a safe working environment and neg ligently and wrongfully failed to warn of the dangers of expo- OCC 015886 -i -4- sure to the various chemicals present, and was otherwise negli gent 11 As a result of the aforesaid exposure, Lisa Patton suffered severe injuries resulting m her death, which caused pecuniary injury to her heirs-at-law WHEREFORE, plaintiffs Carl R Patton and Cynthia L Patton, as Administrators ad Prosequendum for the heirs-at-law of Lisa Gail Patton, demand judgment against defendant for damages, interest, and costs of suit SECOND COUNT 1 Plaintiffs repeat the allegations of the First Count herein 2 As a result of the aforesaid deformity and illness, significant hospital, medical and funeral expenses were incurred on behalf of Lisa Patton WHEREFORE, plaintiffs Carl Patton and Cynthia Patton, as Administrators ad Prosequendum for the heirs-at-law of Lisa Patton, demand judgment against defendant for damages, interest, and costs of suit THIRD COUNT 1 Plaintiffs repeat the allegations of Paragraph 1 of the First Count herein 2 As a result of the aforesaid exposure, Lisa Patton suffered severe painful bodily deformities including, without OCC 015887 limitation, spina bifida, club feet and respiratory problems, and other serious injuries which caused her great pain and suf fering until her death WHEREFORE, plaintiffs Carl R Patton and Cynthia L Patton, as Administrators ad Prosequendum for Lisa Gail Patton, demand judgment against defendant for damages, interest, and costs of suit FIFTH COUNT 1 Plaintiffs repeat the allegations of the First Count herein 2 As a result of the aforesaid exposure, plaintiffs Cynthia L Patton and Carl R Patton suffered severe pain and emotional distress during the pregnancy of Cynthia Patton, and after the birth and during the life of Lisa Patton WHEREFORE, plaintiffs Carl R Patton and Cynthia L Patton, individually, demand judgment against defendant for damages, interest and costs of suit SMITH, STRATTON, WISE, HEHER & BRENNAN Attorneys for Plaintiffs Dated Robert A White OCC 015888 JURY DEMAND Plaintiffs demand trial by jury SMITH, STRATTON, WISE, HEHER & BRENNAN Attorneys for Plaintiffs Dated November 1982 G^ Robert A White OCC 015889