Document 2q60jZ82jb4ZQxvzgbzgrMrMN

m SERVICE OF PROCESS TRANSMITTAL FORM TKe Cerpora^on H p^f C T Corporation Sywtom mJ Amtla^J QSmpint*# ST, LOUIS MISSOURI (Cily) (Stale) MARCH 26. IQ64 TO, Mr. E, J. Putzell, Jr, 1 'o/o Monsanto Chemical Company "BOO N. Lindbergh. St. Louis 6$7MTssourl ...~ ( X ) VIA CERTIFIED MAIL ( ) VIA CERTIFIED AIR MAIL ( ) VIA MESSENGER BE; PROCESS SERVED IN THE STATE OF MISSOURI FOR. MONSANTO CHEMICAL COMPANY ___________________ _ Delaware |N*m of Company) (Horn* Slat*) Enclosed are copies of legal process served upon the statutory agent of the above company as follows; 1. Till f Action; RUTH BRUNNING vs. B. P. DRAKENFELD AND COMPANY and MONSANTO CHEMICAL COMPANY 2. Documents) Served; Summons and Petition 3. Court; Circuit Court, Div.l, Stf Louis, Missouri, No.62853 E 4. Nature of Action; Plaintiff prays judgment against defendants and each of them 3 the sum of $50,000,00 and costs for alleged injuries caused by using 24-018 enamel in 487 oil as supplied by defendants while employed with International Bent Glass Company, Inc., at St. Louis, Missouri. 5. On Whom Process was Served. Q T CORPORATION SYSTEM, St. Louis, Missouri , 6. Date and Hour of Service; March 26, 1964 at 11:00 a.m, 7. Appearance or Answer Duet 30 days after service, exclusive of day of service 8. Plaintiff's Attorney!*); McLeod and Murphy 2024 Olive Street St. Louis, Missouri 9, Remark*; KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING TO US JHE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM. ,/)4 As Signed C T^QRpbSlON SYSTEM 0299666 Address.^l4_North _Broadwav St. Louis. Missouri >-61 SGW. HARTOLDMON0095190 . foam N*. t . 1 Circuit Court for the City of St. Louis State of Missouri ......................Buth.,.totting............................... ............................... ............................... puintii!!!!!!!! w, ' .. ............................ No...... 63&SiS..JL Div.............. 1......... Defendant..... ' SUMMONS The state of Missouri to Dafndaaf?.nsantpt.... Sbeni!^...C,M!pmy.,,, A Oorpomtion. You are hereby summoned to appear before the above-named court and to file your pleading to the petition, copy of which is attached hereto, end to nerve a copy of your pleading upon.................................... ,..............................UaL9M..(ma..,Mur!phy...................................................... tttomey.,a.., for pkintifi.... , whose address is........... 2Q2for...Qllv1a..S.t.............. .................................... .................................................... all within SO days after service of this summons upon you, exclusive of the day of service. If you fail to do to, judgment by default will bs taken against you for the relief demanded in the petition. Dated .feSSfe.........35J&........... 18... 6k. (Seal of Circuit Court) * PHEL1M O'TOOLE _ ............... Circuit Clirk!" ......... Deputy Clerk. 0f967; HARTOLDMON0095191 STATE OF MISSOURI ) ) SS: CITY OP ST, LOUIS ) ' IN TOE CIRCUIT COURT OF THE CITY OF ST. LOUIS. STATE OF MISSOURI. RUTH BRUNING, Plaintiff, va. B. F. DRAKENFELD AND COMPANY, a Corporation, . 45 Park Place, New York 7, New York Serve: Secretary of State, Jefferson City, Missouri, . Cause No, Dlv. No. -and- MONSANTO CHEMICAL COMPANY, a Corporation, Serve: C. T, Corporation Service, 314 North Broadway, Saint Louis 2, Missouri, , Defendants. PETITION COUNTL Plaintiff, for her cause of action In Count I of this petition states: 1. Defendant, B. F. Drakenfeld and Company, (hereinafter called Qrakenfeld") is and at all times hereinafter mentioned was a foreign corporation duly organized and existing under the law. 2. Defendant, Monsanto Chemical Company, (hereinafter called ''Monsanto") is and at all times hereinafter mentioned, was a corporation organized and existing under the laws of the State of Delaware, having a registered agent and office in the City of St. Louis, State of Missouri, and having its principal place of business In the State of Missouri, 3) Defendant Drakenfeld la engaged in the business of manufacturing, preparing and distributing into the channels of trade paints and enamels, and among the various products so distributed by said defendant is an enamel known -1 HARTOLDMONOQ95192 as 24-018 enamel in 487 oil. 4. Defendant Monsanto is engaged In the business of manufacturing and preparing chemicals, chemical products, oils and thinners and distri buting said products into the channels of trade, and among the various products so manufactured and distributed by said defendant is the product known as Aroclor 4465. 5. Defendant Drakenfeld prepares the aforesaid product 24-018 enamel In 4B7 oil by combining various other materials with Monsanto's product Aroclor 4465. 6. At all times hereinafter mentioned, both defendant herein did know and intend that said products would be used by the consuming public and would be handled, dealt with, touched and that fumes thereof would be inhaled by the public, and both defendants placed said products in the channels of trade with such knowledge and intention. 7. During the years 1958, 1959, 1960 and 1961, and until the month of May, 1962, defendant Drakenfeld continuously supplied 24-018 enamel in 487 oil containing defendant Monsanto's Aroclor 4465 to the International Bent Glass Company, Inc., In St. Louis, Missouri, and said product was used . daily by said latter company in the process of making its products. At all times during which 24-018 enamel in 487 oil was so used in the manufacturing processes of International Bent Glass Company, Inc., both defendants herein did impliedly warrant and represent that the products 24-018 enamel in 487 oil and Aroclor 4465 were fit and safe far such use by the public, but both defendants and each defendant knew that such products contained chlorinated biphenyls and chlorinated triphenyls, with a high amount of chlorination; said defendants, and each of them, knew that said products would from time to time be heated or baked in ovens, and that use by the public of said products was likely to cause liver damage, skin eruptions, rashed acne, cysts and dermatitis of various kinds. 8. Plaintiff, beginning In the year 1958 and continuing until the Month HARTOLDMON0095193  o- . . > of May, 1962, made use of 24-018 enamel in 487 oil, as supplied by defendants in her employment with International Bent Glass Company, Inc. t at St. Louis, Missouri, and, in connection therewith, handled said product, touched same, and Inhaled the fumes thereof, all In reliance on the skill and judgment and aforesaid warranty of both defendants, being wholly unaware of the toxic and dangerous qualities of such products. . 9. During the year 1958, after a period of use of said product, plaintiff began to 'suffer eruptions of plaintiffs skin over and about plaintiffs neck, shoulders, chest, back, buttocks, face, ears and eyelids; said areas became covered with comedones, cysts, acne, infectious lesions, papules and a condition known as chloracne; plaintiffs eyelids and periorbital skin became erythematous, edematous and scaly; plaintiff's liver became Injured, damaged and diseased. Plaintiff continued to suffer these aforesaid conditions through the period of time during which she used 24-018 enamel In 487 oil, still 1 Buffers the residual effects of the same, and will suffer said residual effects permanently. 10, At various times throughout the period of time heretofore mentioned, diligent attempts were made by plaintiff, her employer, International Bent Glass, Inc., Its representatives, and other employees similarly Injured, and their representatives, to determine, discover and ascertain the nature, extent and cause of her disease and Injury through the use of various skilled medical experts and specialists, but said medical experts and specialists were unable to determine, discover or ascertain the same. During the month of May, 1962, The Occupational Health Research and Training Facility, Division of Occupational Health, Public Health Service, United Statea Department of Health, Education and Welfare, as a result of an Investigation conducted by Its representatives in March, 1962, V determined, discovered and ascertained for the first time that the direct and proximate cause of plaintiff's condition, as heretofore alleged, was the use of defendant Drakenfeld's 24-018 enamel in 487 oil, containing defendant Monsanto's Aroclor 4465, and communicated its finding to plaintiff in the month of May, 1962, ', HARTOLDMON0095194 thus constituting plaintiff's first knowledge of the direct and proximate cause of her condition, as heretofore alleged. IS. As a result of the aforesaid actions of defendant Drakenfeld, said defendant has engaged In a continuous course of tortious conduct commencing In 19SB and not terminating until May, 1962, and thus defendant drakenfeld has committed a tort in whole or in part against the person of the plaintiff in the City of St, Louis, State of Missouri, after the effective date of V. A. M. S. 1959, Section 351.630, to-wit, October 13, 1961, and has thereby agreed that the Secretary of State of Missouri shall be Its agent for the service of process, all as is provided in said V. A, M. S. 1959, Section 351.630. 12. Plaintiff has become obligated for large sums of money for medical attention for the aforesaid conditions and will become obligated far additional such sums in the future In an amount not now ascertainable, WHEREFORE, the premises considered, plaintiff prays judgment / against the defendants and each of them, on this Count 1 of the petition for Fifty Thousand Dollars ($50,000.00) and for her costs. COUNT IL Plaintiff for her cause of action in Count II of the petition, states: ' 1. Plaintiff restates and realleges each and every allegation in Paragraphs 1,2,3,4,5 and 6 of Count I of this petition. 2. During the years 1958, 1959, 1960 and 1961, and until the month of May, 1962, defendant Drakenfeld continuously supplied 24-018 enamel in 487 oil containing defendant Monsanto's Aroclor 4465 to the International Bent Glass Company, Inc,, in St. Louis, Missouri, and said product was used daily by said latter company in the process of making its products. 3. Both defendants and each of them knew, or in the exercise of ordinary care should have known that said products, containing highly chlorinated biphenyls and triphenyls, are, and for many years have been, known to be of a toxic and dangerous nature in that they were reasonably likely to cause abnormal reactions, skin eruptions, rashes, liver damage, "^`r 0299670 HARTOLDMON0095195 dermatitis and diseases, and defendants and each of them were under a duty to give an adequate warning of such dangers and risks to the public who used such products, but both defendants and each of them negligently breached said duty by failing and omitting to give an adequate warning of such dangers and risks. 4. Plaintiff restates and realleges each and every allegation of Paragraphs 8, 9 and 10 of Count I of this petition. 5. Plaintiff was injured in the particulars alleged hereinabove in Count I, Paragraph 9, and as herein realleged In Paragraph 4 of this Count, as a direct and proximate result of defendant's negligence as heretofore alleged. 6, Plaintiff restates and realleges each and every allegation of Paragraphs 11 and 12, Count I of this petition, WHEREFORE, the premises considered, plaintiff prays Judgment on this Count II of this petition against the defendants, and each of them, is the sum of Fifty Thousand Dollars ($50,000.00) and for her costs. ARTHUR E. McLEOD Attorney for Plaintiff v ft 2024 Olive Street v St. Louis, Missouri. 63103 CHestmit 1*1717, -5HARTOLDMONOQ95196