Document 30xqE3wo9v08Lrk9w0eNNqJJ

FILE NAME: Eagle-Picher (EP) DATE: 1961 Mar 27 DOC#: EP039 DOCUMENT DESCRIPTION: Legal - Plaintiff Petition of Faciane Travelers Insurance with Summons *0W N# '*4/ Co/poraxion Tr uat^Compa ny C T Corporation Syataaa J Ai**ci*VJ C**^i*u# TO; The Kagle-Plcher Company ' Attn: Mr. Richard Servlss, Legal Dept. American BuiJLding___________ Cincinnati 2. Onlo__________ y ^7 Cinclnna 11_,_Ohio Gy * " " __ |SiiV; .March _27^_ .190 (D.U) ( ) VIA CERTIFIED MAIL ( x ) VIA MESSENGER re, P R O C E S S S E R V E D IN TH E S T A T E OF*12345789 Louisiana The Eugle-Plcher Company------------ ---------------------(0h1 q .). ` (Nam ofCompany and Homo State) Enclosed are copies of legal process served upon the statutory agent of the above company as follows: 1. rrtle of Action: Mrs. Gladys Faciane vs. The Ti'avelers Insurance Company, . Eagle Picher Company, Inc-., et ala. _ 2. Document^] Served: citation, petition, supplemental and amended petition. - 3. Court: 15th Judicial District Court, .parish of E. Baton Rouge, #77/004 4. Nature of Action: Deatn action to recover $2p3,332.41 for widow and minor child and $4p,000.00 Tor major child account death Clarence A. F ciane, Sr. March 20, i^oO, allegedly due to failure to warn deceased of inherent danger in using, insulating material, in failing to furnish safeguards, in 5. On Whom Process was served: ifailing to furnish a safe Louis B. Claverie, Louisiana process agent (place to worn. b. Date and Hour of Service: MarCH 23/ i^Ol, St 10:42 A. M. 7. Appearance or Answer Due: Within 13 days . 8. Plaintiffs Attorneys): . H. Alva Brumfield 203 American Ban*. Building Baton Rouge, La. 9. Remarts: Trial By jury requested. KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING TO US THE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM /j Signed . T Croration System, Per Address -v1211 Carew Towe Cincinnati 2. Ohio K129CA J-M-JCM.-. , ot^pts nciigL vs. HS TRA M H S I E S C M i E J C ^ m J/ . ' '''w v;//*\ y-/6/ y; y J i no. . S * 5 s'J? C. 19th Judicial District Court PAe 4 h OF e a s t BATON ROUGE STATE OF LOUISIANA t corporation_4omiellad_!--- TO--` 7 P+.7 oM.0 througli CLarl irceoss SiXtW.' . oerrlco of -------" T ' GREETING:. - Voa ate hereby -- ' lv with th, demand contaioed la the ed to - * " * * c c ^ c p whiA . | f Sereto -- - - :" : r ; i r - - - - attached and to be herewith a ft oE Baton Rouge, within ~ ~ !-- " r r r .r - -- fifteen (16) day after rv.ce hereof. 1 t .-- u of entry of default judgment agamst you. penalty of entry 01 -a Court at Baton Rouge, Louisiana, this Witness the Honorable Judges of our eanf Court, at * gOth. day of 7 - J I M * ---------------------- 19J^ ~ ' C se d l^ e n ie J ii^ iE . " " D ^ T c i ^ o / Said Court A TRUE COFI t h i s K a r o h ^ O tlr , 1 9 r ^ - i ' " . ...... .. MRS. GLADYS FACLANE VERSUS THE TRAVELERS INSURANCE COMPANY NUMBER 77,004 DIVISION "C" 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO THE HONORABLE, THE NINETEENTH JUDICIAL DISTRICT COURT WITHIN AND FOR THE PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA The petition of MRS. GLADYS FACIANE, a resident of the full age of majority of East Baton Rouge Parish, Louisiana, with respect, represents: . 1. That she is the widow of Clarence A. Paciane, Sr., who died in East Baton Rouge Parish, Louisiana, on or about March 20, I960 leaving surviving him your petitioner and major children. , 2. ^ That THE TRAVELERS INSURANCE COMPANY is an insurance corporation organized and existing under the laws of the State of Connecticut, domiciled at Hartford therein, authorized to do business in the State of Louisiana, by having filed the proper credentials with the Secretary of State and having appointed the Secretary of State as its agent for service of process. , 3. That for some time prior to September, 1959, petitioner' husband, Clarence A. Faciane, Sr., was employed by Armstrong Con tracting & Supply Corporation as an insulator in its general con struction work. ~ 4. Your petitioner now shows that while engaged in the duties of his employment and while installing insulating material, In accordance with the instructions of his employer, the said Clarence A . Faciane, Sr. breathed and inhaled insulation material, causing damage to his lungs, which resulted in his death. 5. - Petitioner further shows that the said Clarence A . Faciane Sr. became ill in September of 1959 and on or about November 10, 1959 was hospitalized at which time the lung ailment was discovered and at that time his employer was notified. . 6* Petitioner particularly shows that the said Armstrong Contracting & Supply Corporation, its agents and employees, acting in the course of their employment, failed and refused to supply and furnish safeguards for the use of Clarence A. Paciane, Sr. and failed to warn Clarence A. Faciane, Sr. of the dangers inherent in the work which he was doing; failed to make a full disclosure of the dangers inherent in such operation and were further negligent in aaoufing Clarence A. Faciane, Sr. that there were no dangers inherent in such operation and by warranting that such operation was- a safe one, although the dangers were well known to'them. 7. That as a result of the negligence of defendant company, its agents and employees, acting in the course and scope of their employment, the said Clarence A. Faciane, Sr. received severe and fatal injuries consisting of damage to his lungs which caused abrasions to his lungs, and which resulted in his death. 8. Petitioner now itemizes her damages as follows, to-wit : Medical expenses incurred $ 5,000.00 Funeral expenses incurred Mental pain and anguish of deceased $ 2, 000.00 $50,000.00 Mental pain and anguish of petitioner $50,000.00 Loss of support $50,000.00 Loss of love, affection and companionship $50,000.00 9. In the alternative and in the event that petitioner is not entitled to damages for the wrongful death of her husband, then and in that event petitioner shows that she is entitled to workmen's compensation benefits under the laws of the State of Louisiana. 10. That Armstrong Contracting & Supply Corporation, domiciled in East Baton Rouge Parish, Louisiana, is engaged in the construct ion business, particularly insulating work, a hazardous business within the meaning and intent of the Workmen's Compensation Laws of the State of Louisiana. . . 11. ' That petitioner's husband, Clarence A. Faciane, Sr., was employed by said Armstrong Contracting & Supply Corporation as an * . insulatgr as hereinabove alleged, a hazardous occupation at an average weekly wage in excess of $100.00. 12. Your petitioner further shows that the lung ailment was an occupational disease or accidental injury within the meaning . and intent of the Workmen's Compensation Laws of the State of Louisiana and arose out of and in the course and scope of his employment. ' * 13. Your petitioner further shows that the said employer or its insurer has failed and refused to pay wor)onen's compensation benefits, necessitating the bringing of this suit. 14. That on and prior to September ____ , 1959, there was in full force and effect by the payment of premiums and otherwise, policies of workmen's condensation insurance and public liability insurance issued by defendant THE TRAVELERS INSURANCE COMPANY in STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME, the undersigned authority, personally came and appeared: H. ALVA BRUMFIELD who, being sworn, G&i deposec/and saaapz^/} a2>. That he is of counsel for petitioner in the foregoing petition; that he has read the same and all allegations contained therein are true and correct to the best of his knowledge, infor mation and belief. s / y/. SWORN TO AND SUBSCRIBED before me, August 4, 1960. NOTARY PLpL IC if MRS. GL7DYS F7.CL' HE VERSUS THE TR/VEL ERS IHSUR/TTCE CCIil-." *?/ HUMBER 77,004 DIVISION ;C 1 19TH JUDICIAL DISTRICT COURT P7RISH OF ZEST LETCH ROUGE s t :.t j of l o u i s lt..:;. ' SUPFLl'JlE.rivX 7aTD /-MEED JD PETITION JO1. IiTTO COURT cornus Mrs. Gladys Faciane, plaintiff in the above entitled and numbered cause and with respect shows that she desires to supplement and amend her original petition filed herein in the following particulars, to-wit: 1. Your petitioner shows that of the marriage existing between petitioner and decedent, the following children wore born, namely: Clarence I\. Faciane, born July 30, 1933; Tommy Paul Faciane, born_ September 1, 193C; _ . Gary Phillip Faciane, born, i-oigust 9, 1939; - Linda Marie Faciane 'eber, .born January 10, 1941; ^Catherine Jean Faciane, born March C, 194?.; and Ronald IlarXel Faciane, born June lo, 1943. and at the time of the death of the said Clarence t . Faciane, the minors, Catherine Jean Faciane and Ronald Marhel Faciane were wholly dependent upon their father for maintenance and support. 2. That petitioner is the duly qualified and acting natural tutrix of the minors, .4Catherine Jean Faciane and Ronald Marhel Faciane. 3. .. That Gary Phillip Faciane, at the time of the death of the said Clarence Faciane, was a minor, who is now a major and comes herein to be made a party plaintiff. 4. Your petitioner no*.; Shows that Aber Company, Inc. is a corporation organized and existing under the laws of the State of Louisiana, being domiciled at 557S idarns Avenue, Baton Rouge, Louisiana with Charles 3. Dunbar, Jr., Sumter D. Marks, Louis 3. Claverie and Ashton Phelps, 420 Hibernia Building, New Orleans, Louisiana, as its agents for service of process. 5. That -I. . Xelloggf: Company ib a corporation organized and existing under the laws of the State of Delaware, domiciled at Dover therein, authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed H. Payne Breazeale, Victor /. Sachse and Maurice J. ilson as its agents for service of process. 0. That B f; B Engineering r. Supply Company is a corporation organized and existing under the laws of the State of Texas, domiciled at Houston therein, authorized to do business in the State of Louisiana by having filed the proper credentials with _ the Secretary of State and having appointed the C. T. Corporation System, 420 Hibernia Building, Hew Orleans, Louisiana, as its agents for service of process. 7. That Johna-i'ianville Sales Corporation is a corporation organized and existing under the laws of the State of Hew York, domiciled in New York City therein, authorized to do business in the State of Louisiana by* having filed the proper credentials with the Secretary of State and having appointed II. M. Robinson pf New Orleans, Louisiana, as its agent for service of process. 8. That Johns-Manville Products Corporation is a corporation Organized and existing under the laws of the State of Hew York, ^domiciled in Hew York City therein, authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State _md having appointed H. II. Robinson of New Orleans, Louisiana, qb its agent for service of process. 9. - That Owens Corning Fiberglass Corporation is a corporation organized and existing under the lav.'S of the State of ilev. Yor.., being domiciled at 717 Fifth Avenue in Hew Yorh City therein, actually doing business in the State of Louisiana but having failed to appoint an agent for service of process. 10. That The Rubcroid Company is a corporation organized and existing under the laws of the State of Hew Yorh, being domiciled at 502 Fifth Avenue, Bow Yorh City therein, actually doing business in the State of Louisiana, but having failed to appoint an agent for service of process. . 11. That U. S. Rubber Company is a corporation organized^ and existing under the laws of the State of Hew Yor'.., domiciled at Nev Yorh City therein, authorized to do business in the State of Louisiana by having filed th- proper credentials v/ith the Secre tary of State and having appointed H. 4. Robinson of Hew Orleans, Louisiana, as its agent for service of process. 12. That Philip Carey Manufacturing Company is a corporation . 4 - organized and existing under the laws of the State of Ohio, domiciled at Cincinnati therein, authorized to do business in the State of Louisiana by having filed the proper credentials v:ith the Secretary of State and having appointed C. T. Corporation System of Hew Orleans, Louisiana, as its agent for service of process. 13. That Hundct Corh Corporation is a corporation organized and existing under the laws of the State of Hew Jersey, domiciled at N. Bergen therein, authorized to do business in the State of Louisiana by having filed the proper credentials \;ith the Secretory of State and having appointed Charles E. Dunbar, Jr.,"Sumter D. Marhs, Louis B. Claverie and Ashton Phelps as its registered agents for service of process. 14. That Wicolet Industries, Inc. is a corporation organized and existing under the lavs of the State of riev Jersey, being domiciled at 1 Nicolct Avenue, Plorhan Parh therein, actually doing business in the State of Louisiana but having failed to appoint an agent for service of process. 15. That Glass Fibers, Inc. is a corporation organized and existing under the lavs of the State of Ohio, domiciled at 1808 Madison /venue, Toledo therein, actually doing business in the State of Ijouisiana but having failed to appoint an agent for service of process. . 1G. That Keasby Mattison Company is a corporation organized and existing under the laws of the State of Pennsylvania, domiciled at I960 Butler Avenue, Ambler, Pennsylvania, actually doing business m the State of Louisiana but having failed to appoint an agent for service of process. 17. That Baldwin-Ehret-Hill, Inc. is a corporation organ izad and existing under tha lavs of the State of flew Jersey, domiciled at 1133 Brcunig, Trenton, I4ev Jersey, actually doing business in the State of Louisiana but having failed to appoint an agent for service of process. 18. That Eagle Picher Conpany, Inc. is a corporation organ ized and existing under the lavs of tne State of Ohio, domiciled at Cincinnati therein, authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed Charles E. Dunbar, Jr., Sumter D. Marks, Jr., Louis B. Claverie and Ashton Phelps as its registered agents for service of process. 19, That Arrowhead Products, Inc. is a corporation organized and existing under the lav/s of the State of California, being domiciled at 2348 Curry Street, Long Beach, California, actually doing business in the State of Louisiana but having failed to appoint an agent for service of process. 20. Thit H. I. Thompson Fiber Glass Company is a corporation organized and existing under the laws of the State of California, being domiciled at Cardova and Budlong, Los Angeles, California, actually doing business in the State of Louisiana but having' failed tb appoint an agent for service of process. 21. Pittsburg Coming Corporation is a corporation organized and existing under the laws of the State of Pennsylvania, domiciled at Pittsburg therein, authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed C. T. Corporation 4 ~ System as its agent for service of process. 22. That Armstrong Contracting & Supply Corporation is a foreign corporation organized and existing undor tho lawc o the State of Delaware, domiciled at Wilmington therein, authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed C. T. Corporation System of New Orleans, Louisiana, as its agent for I service of process. 23. That R. J. Reynolds Tobacco Company is a foreign corporation organized and existing under the laws of the State of New Jersey, domiciled at Jersey City therein, authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed Harry McCall and Leonard Sarpy of New Orleans, Louisiana, as its agents for service of pro cess. . . 24. That P. Lorillard Company is a corporation organized and existing under the laws of the State of New Jersey domiciled at Jersey City therein, authorized to do business in the State of Louisiana by having filed the proper credentials with the Secre tary of State and having appointed C. T. Corporation System of New Orleans, Louisiana, as its agent for service of process. - . / 25. Your petitioner now shows that during the years 1954 and 1955, the decedent, Clarence A. Faciane, was employed by defen dant, Aber Insulation Company as an insulator. 26. ' That during the said period of time, the Aber Insulation Company contracted for an installed insulation on the American 4 Cynamid Company Project in Orleans Parish, Louisiana, on which job foam glass, fiberglass and unibestos were used, and the said Clarence A. Faciane was required to install said insulation without the benefit of respirators or inhalators or other pro tective devices. 27. That during the year 1956. the decedent was employed by McCarthy & Branton as an insulator on the State Welfare Building Project in Baton Rouge, Louisiana, on which job . vegetable corX, Fiberglass and Foam Glass were used and the said Clarence A. Paciane was required to install such insulation without the benefit of respirators or other protective devices. 28. That during the year 1957, the decedent was employed by M. W. Kellogg & Company on a construction project at Esso Standard Oil Company in Baton Rouge, Louisiana, on which project the said Clarence A. Faciane was required to install asbestos, foam ghss and fiberglass without the benefit of respirators or other protective devices. 29. That during the year 1958, the decedent was employed by defendant, Armstrong Contracting & Supply Corporation on the construction of Fidelity National Bank in Baton Rouge, Louisiana, the Library Building in Baton Rouge, Louisiana and during 1959, on the Grace Chemical Company Project in East Baton Rouge Parish, Louisiana, on each of which jobs the said decedent was required to install foam glass, fiberglass, asbestos and asbestos mud, without the benefit of respirators or other protective devices. 30. That on and prior to the year 1931, the decedent smoked Camel Cigarettes, manufactured by defendant, R. J. Reynolds Tobacco Company, and continued to smoke said Camel Cigarettes continuously until on'or about 1955. 31. . That from about the year 1955 until the time of his death, on or about March 20, 1960, the decedent smoked Kent Cigarettes manufactured by defendant, P. Lorillard & Company. 32. That the decedent switched to Kent Cigarettes because of advertisements and assurances of safety and warranties that that product was wholesome and was safer and less harmful than the non-filter tip cigarettes. That the decedent became a confirmed tobacco addict and was unable to stop smoking. 34. Your petitioner now shows that the decedent, Clarence A. Faciane, during 1955, became ill because of damage to his lungs and internal organs and that his condition grow progress ively worse until his death on or about March 20, 1960. 35* Your petitioners now show that the doctrine of res ipsa loquitur is applicable to the facts horein. 36. Your petitioner now shows that the death of the said Clarence A. Faciane was caused by the negligence of the defendants, Aber Company, Inc., M. W. Kellogg & Corojsay, B & B Engineering & Supply Company 'and Armstrong Contracting & Supply Corporation / in failing to warn the said Clarence A. Faciane of the danger inherent in using the insulating material; in failing to supply and furnish safeguards for the use of the decedent; in failing to furnish the decedent with a safe place to work; in giving assurances of safety to the decedent and in failing to make a full disclosure of the dingers inherent in such operations. , 37. Your petitioners now show that the death of the said Clarence A. Paciane was further caused by the negligence of the defendants, Johns-Manville Sales Corporation, Johns-Manville Products Corporation, Owens Corning Fiberglass Corporation, Ruberoid Company, U. S. Rubber Company, Philip Carey Manufact uring Company, Mundet Cork Corporation, Nicolet Industries, Inc., Glass Fibers, Inc., Keasby & Mattison company, Baldwin-Ehret- Hill, Inc., Eagle Picher Company, Inc., Arrowhead Products, Inc., H. I. Thompson Fiber Glass Company and Pittsburg Coming Corporation in failing to warn the decedent of the dangers inherent in the products manufactured by them and used on the jobs by the decedent; in assuring the said Clarence A. Faciane that there were no dangers inherent in said products; in manu facturing the said products with the use of dangerous and defective materials and in warranting the said products were without defects or vices. 38. That the death of the said Clarence A. Faciane was further caused by the negligence of the defendants, R. J. Reynolds Tobacco Company and P. Lorillard & Company in adver tising, distributing and selling its tobacco and cigarettes without warnings; in giving assurances of safety in the sell ing, advertising and distributing its tobacco and cigarettes; and in manufacturing, processing, mixing and using the in gredients and tobaccos which decedent smoked and in warranting that its products were wholesome, harmless and without defects or vices. 39. That as a result of the negligence of the defendants, their agents and employees, acting in the course and scope of their employment, said Clarence A. Faciane received severe and fatal injuries consisting of damage to his lungs, which caused abrasions thereto, resulting in his death. 40. Your petitioner, Mrs. Gladys Faciane, now itemizes her damages as follows, to-wit: Medical expenses incurred: Our Lady of Lake Hospital----- -$ Dr. Richard Selser------------Dr. Charles A. Beskin---------Dr. Albert McQuown------------- 2,007.41 410.00 265.00 150.00 Funeral Expensas Mental pain and anguish of deceased------------------ Mental pain and anguish of . petitioner---------------- Loos of support----------- Loss of love, affection and companionship-------------- or a total of $204,832.41. $ 2,000.00 50.000. 00 50.000. 00 50.000. 00 50.000. 00 41. Petitioner, Mrs. Gladys Faciane, on behalf of the minor, Catherine Jean Faciane, itemizes her damages as follows: . Mental pain and anguish of deceased------------------ Mental pain and anguish of the minor----------------- Loss of support (3 years)-- / Loss of love, companionship and guidance-------------- or a total of $51,000.00. $15,000.00 15.000. 00 6, 000.00 15.000. 00 42. Petitioner, Mrs. Gladys Faciane, on behalf of the minor, Ronald Merkel Faciane, itemizes his damages as follows: Mental pain and anguish of deceased$15,000.00 Mental pain and anguish of petitioner 15,000.00 Loss of love, companionship and guidance---------------------- 15,000.00 or a total of $45,000.00. 44. In the alternative and in the event that petitioners are not entitled to damages for the wrongful death of the said Clarence A. Faciane, then and in that event, they are entitled to Workmen's Compensation Benefits under the laws of the State of Louisiana. - 45. That defendants, Armstrong Contracting & Supply Cor poration, Aber Company, M. W. Kellogg & Company and B & B Engineering & Supply Company were each engaged in the con struction business, a hazardous businoss within the meaning and intent of the Workmen's Compensation Laws of the State of Louisiana. 46. That the decedent was employed by each of the said defendants as an insulator, a hazardous occupation at an average weekly wage in excess of $100.00. 47. Petitioners now show that they reiterate each and every allegation of the original petition filed herein except as herein amended. WHEREFORE, petitioners pray that this supplemental and amended petition be filed and allowed and that there be service and citation according to law and after all legal delays and due proceedings had, that there be judgment herein in favor of petitioner, Mrs. Gladys Faciane and against the . 4 - defendants, Aber Company, Inc., M. W. Kellogg & Company, B & B Engineering & Supply Company, Armstrong Contracting & Supply Corporation, TraveJars Insurance Cotnpany, Jolma-ManvJ lla Sales Corporation, Johns-Manville Products Corporation, Owens Coming Fiberglass Corporation, Ruberoid Company, U. S. Rubber Company, Philip Carey Manufacturing Company, Mundet Cork Corporation, Nicolet Industries. Inc., Glass Fibers, Inc., Keasly & Mattison Company, Baldwin-Ehrec-Hi11, Inc., Eagle Picher Company, Inc., Arrowhead Products, Inc., H. I. Thompson Fiberglass Company, Pittsburg Corning Corporation, R. J. Reynolds Tobacco Company and P. Lorillard .& Company, in solido, in the full sum of $204,832.41, and in favor of petitioner, Mrs. Gladys Faciane, on behalf of the minor, Catherine Jean Faciane and against the defendants, in solido, in the full sum of $51,000.00; and in favor of petitioner, Gary Phillip Faciane, and against defendants, in solido, in the full sum of $45,000.00, together with legal interest on each of said amounts from judicial demand until paid. In the alternative, and in the event that petitioners are not entitled to damages as herein prayed for, then and in that event, petitioner, Mrs. Gladys Faciane, Individually and for the use and benefit of the minors, Catherine Jean Faciane and Ronald MarXel Faciane, prays that there be Judgment herein in her favor and against the defendants, Aber Company, Inc., M. W. Kellogg & Company, B & B Engineering & Supply Company, Armstrong Contracting & Supply Corporation, and Travelers Insur ance Company, in solido, for WorXmen's Compensation Benefits at the rate of $35.00 per weeX beginning March 20, 1960 and Continuing weeXly thereafter for a period of 400 weeXS, to gether with legal interest on each past due installment from its maturity date until paid, and for funeral expenses in the sum of $600.00, toge^er with legal interest thereon froca judicial demand until paid. Petitioners further pray for all costs, all necessary orders, general and equitable relief. By Attorneys: H. ALVA BRUMFIELD VELMA P. GERDING ROBERT E. TURNER A Tu fffcorear-- BY: c^/yV. 205 American Bank Bld1^. Baton Rouge, Louisiana