Document 0oMnMR4zyKYykdzzRddNJv0V

j LEVINSON, AXELROD, WHEATON k GRAYZEL i Lincoln Plaza 2 Lincoln Highway P.O. Box 2905 Edison, New Jersey 08818-2905 (201) 494-2727 Attorney(s) for Plaintiff(s) JOHN PETERSON and SHIRLEY MAE PETERSON,his wife SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY LAW DIVISION vs . Plaintiff{s) DOCKET NO. L-060148-87 UNION CARBIDE CORPORATION, etc. Defendant(s) CIVIL ACTION NOTICE OF MOTION TO AMEND COMPLAINT TO Pitney, Hardin & Kipp k Szuch, Esqs., 163 Madison Ave., Morristown,N.J. 07960 Attorneys for defendant TAKE NOTICE that the undersigned will apply to the named Court, at New Brunswick on April 28th, 1989 at 9:00 A.M. o'clock soon thereafter as counsel may be heard, for an Order upon the following grounds: above or as allowing attorneys for Plaintiffs to amend their complaint to add the following to the complaint and with particularity the first count and all those counts thereafter for the purpose or supplementing as follows that in addition to the plaintiffs brirw exposed to "noxious, dangerous and carcinogenic material known as 'polyvinyl chloride' and a monomer known as 'vinyl chloride', he was further exposed to other dangerous, noxious and carcinogenic chemicals manufactured and negligently transported, sold, maintained and unlabLed by the defendant herein. UCC 089105 The plaintiffs wish all those counts to set forth that the i defendant negligently manufactured, shipped and sold in addition to 'polyvinyl chloride' and 'vinyl chloride monomer' other 'noxious and dangerous chemicals. The purpose of this amendment is to cover the range of chemicals which were manufactured by the defendant and shipped to its sole purchaser to wit, the Amboy Terminating Company and its 1 predecessor corporation, O.T.D. Terminals Corporation. i j This amendment is being sought to encompass all those chemicals shipped and manufactured in addition to the 'polyvinyl chloride' and 'vinyl chloride monomer' as hereinabove set forth. .Plaintiff will further rely upon the attached Affidavit. i I hereby certify that the original was filed with the Clerk, Middlesex County and copies forwarded to the attorneys above set | forth. Pursuant to R.l:6~2(d), the undersigned: !( x) waives oral argument and consents to disposition on the I papers. i ( ) does not request oral argument at this time. ( ) requests oral argument. UCC 089106