Document 1vNaDDqO4pXwe1yM6Oe3qZ0d

ROBERT U. HOIUNGSHEAO DIRECT DIAL NUMBER (SOI) 631-AftlT f` <' tr^' <TtL y /tV'4-, Pitney, Hardin, Kipp & Szuch 163 MADISON AVENUE P.O. BOX 1945 MORRISTOWN, NEW JERSEY 07960-1945 MORRISTOWN (201) 267-3333 NEW YORK (212) 9S6-033I TELEX 642014 TELECOPIER (201) 267-3727 NEWARK OFFICE 33 WASHINGTON STREET NEWARK, NEW JERSEY 07102 (201) 623-1960 April 12, 1989 Betty-Lynn White, Esq. Union Carbide Corporation Law Department E3-274 39 Old Ridgebury Road Danbury, CT 06817-0001 Re: Peterson v. Union Carbide Dear Betty-Lynn Enclosed is a copy of the plaintiff's Notice Motion to Amend Complaint, together with supporting papers. The motion is returnable on April 28 and our reply is due on April 20. In the original Complaint, the plaintiffs alleged only that they were exposed to polyvinyl chloride and vinyl chloride monomer. They now wish to add exposure to polyethylene, polyurethane, polystryrene, isopropilidene, bisphenol resins, phenols, heavy equipment machinery lubricants and fuels, and "fumes from the heat sealer in the vinyl resin bag Jacking bay." As you know, this plaintiff's attorney, Mr. Levinson, represented fellow workers of Mr. Peterson (Messrs. Maliko, Schaeffer, Wilkinson and Mazanowski) approximately 10 years ago in a suit defended by me. In that action, the plaintiffs alleged exposure to polyvinyl chloride, vinylchloride monomer, polyethylene, polystryrene and ucc received APR 1 4 1989 B. L. WHITE LEVINSON, AXELROD, WHEATON A GRAYZEL Lincoln Plaza 2 Lincoln Highway P.O. Box 2905 Edison, New Jersey 08818-2905 (201) 494-272* 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, a New York Corporation licensed to do business in the State of New Jersey CIVIL ACTION ORDER TO AMEND COMPLAINT De fendant(s) This matter having been brought before the Court by the firm of Levinson, Axelrod, Wheaton & Grayzel, attorneys for plaintiff(s) for an Order allowing the attorneys for plaintiffs to amend their complaint to add the following; in addition to the plaintiff, John Peterson, being exposed to "noxious, danaerou- and carcinogenic material known as 'polyvinyl chloride' and a monomer ^known as 'vinyl chloride', he was exposed to other dangerous, noxious arid carcinogenic chemicals manufactured and negligently transported, sold, maintained and unlabeled by t h- defendant herein.'" SSALprivileged and SUBJECT TO PROMTAETCETRIVIAEL ORDER" J UCC 088748 The plaintiffs also make application that those counts set forth that the defendant negligently manufactured, shipped and sold in addition to 'polyvinyl chloride' and 'vinyl chloride monomer' other noxious and dangerous chemicals, and also wish to cover the range of chemicals which were manufactured by the defendant and shipped to its sole purchaser to wit, the Amboy Terminaling Company and its predecessor corporation, O.T.D. Terminals Corporation and good cause having been shown; It is so ORDERED on this day of April 1989 as above set forth. Papers filed with the Court: *( ) Answering papers ( ) Reply papers " _ " j.s.. . ti PRIVILEGED AND = "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 088749