Document 37DBQom7p2OXQeMNk5Bz9VR30

DownloadViewSend us a messageRandom document
nmixrnoNs Lay the Dcoinv'nt one Inch from the nwrin here, fold tho wrappor over one inch of the Document nnH (nori (rv^lenrrs. CqPY OF SUMMONS PaE-t-erson- STATE OF GEORGIA - -SUPE-R&Hi------------------ ------ ---------------- COURT -.DOUGLAS-......................... ..... -COUNTY Civil Action, File Plaintiff. VS. eG.(EfiETE-SI-3-e&HP*V--ond-^:U:JTEAiaiL3-SIEa-eOriPAtY----- SUMMONS Defendant. To the above-named Defendant:------Con-crete-Siijr-eoinpsny-mid'-nOnrQarElD-'-Sil'a-CarapnTiy----------------- You are hereby summoned and required to file with the Clerk of said Court and serve upon.......................... --------- -----------------------------------------------............... --..... --...... Ttidrard--S-.--Tisdnccr..... -- Plaintiff's attorneys, whose address is........... .................... ............ 2-03--T-onnep--st-reet...........- ------------------------------------------------------------------------------------------- G-an*>l-lt-n-}--Eeore-i-a-301;l-7---------------------an answer to the complaint which is herewith served upon you, within 30 days after service of this summons, upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. This the--33**------day of--------- -January------------------- - 19-?2- _....................................... ft Clerk of Court. Wayne Heard, To the Defendant upon whom this Summons is served: This copy of Summons was served upon you on the.._:_..jl_.^-...day of. 19 Sheriff of._..l .County. / A) DSW 379782 STLCOPCB4100554 IEORGIA,............................. ......... ............. ....... COUNTY: ' L-f-- ' f' ^ I have this day served the Defendant.___ i.Il..... .................... ..:f? ?J ersonally with a true copy of the within petition and summons. ' ' . This the.............. ........day of..--................. .......... ............ , 19 . ' `-- Sheriff. GEORGIA,.............................................................. COUNTY: I have this day served the Defendant........... ..... .......... ......... ................. .......................... ...... ....... ................... tith a true copy of the within petition and summons by leaving same at his dwelling house or usual place of ibode with some person of suitable age and discretion then residing therein. This the.......................day of.............................. .......... _..., 19........ Sheriff. GEORGIA......................................... ................... ..COUNTY: I have this day served the Defendant...... .................................................................................................................................. a corporation, with a true <->|>y of the within petition and summons by handing same in person to.......................... ................................................................................................................ an officer of said corporation. This the................. .lay of...................................................... ,19....... ' DSW 379783 / STLCOPCB4100555 SERVICE OF PROCESS TRANSMITTAL FORM aTsysrm The c o rpo ravi on Trwsi^Compa ny C T'Corporation System And A*ociafe^ Comp^ani** f B S 1972 TO: Mr HqrrT s 3 .Tr., Asst. Geu.Csl. pT rpft.nr } T,?~r D^gt. .------------------------------------ Monsanto firm Tlrvt.fr T.jndber~fr. Blvd. St. Louis iAu!5i^syiLi-l*R63i66 TO: C T CORPORATION SYSTT (C I Office) ST. LOUIS, MISSOURI (City) (Stole) FROM:..C. ,T. corporation f,ys`<:v:: (Originating Agent! / Per_____ ' s/. / ATLANTA, GEORGIA ICily) 30303 iStole) DATE: 2-1-7 2 VIA: (X) Certified Mail ` ( ) Certified Air Mail toteeeeeteteeegeeei VIA: (xi Certified Mail ( ) Messenger ( J Certified Air Mail reprocess served in #359900 GEORGIA (Jurisdiction) FOR ___;MOR;SAUTO CO__M_P__A_N_Y_____________________________________________ *- (Nome of Compony) `4 - DET.AUAPR (Home Stole) Enclosed ore copies of legal process served upon the statutory agent of the above company as follows: l. Title of Action: R. M. Patterson, Plaintiff vs. The Monsanto Company, Defendant 2. Document(s) Served: Suramons and Civil Ivction Complaint #5566pl02 3. Court: superior Court of DouglasCounty, Georgia 4. Noture of Action: Pltf. seeks $80,000.00 in damages, alleging Deft's failure to perform tests on product "Cuaar" and negligence in its manufacture, that re sulted in Pltf1 s milk that wa's produced to be poisonous because of "Curnar1' being absorbed from walls of silo into the silage and subsequently being fed 5. On Whom Process was Served: ' /to Pltf 1 S dairy cattle . - C T CORPORATION SYSTEM, Atlanta, Georgia -. 6. Dote and Hour of Service: February 1, 1972, at 9:30 a.m. . 7. Appearonce or Answer Due: uithin 30 days of service, exclusive of day of service. C. Plaintiff's Attorney(s): Richard G. Tisinger . 202 Tanner Street Carrollton, Georgia ' 30117 9. Remorks: Discrepancy in corporate title pointed out to serving officer. DSNN 379784 |NDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING TO G THE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM. // RECEIVED'AND FORWARDED ON 2/3_/_lft BY: C T .-CORPORATION SYSTEM _ Daf* i STLCOPCB4100556 i 'in the superior.court for the COUNTY OF DOUGLAS, STATE OF GEORGIA R. M. PATTERSON, t ' Plaintiff -versus- : CIVIL ACTION NO. SSb h &JOZ. j. THE MONSANTO COMPANY, Defendant COMPLAINT Now comes, R. M. Patterson, Plaintiff in the above styled action, and states his claim as follows: -. 1. 1 The court has jurisdiction of the Defendant, The Monsanto Company,.a foreign corporation, pursuant to Georgia Code Ann. 24-113.1-by virtue of the fact that the Defendant carried on business within the State of Georgia and said Defendant has committed a tortuous injury in the State of Georgia caused by an act or omission outside of the state. : 2. . " That the Defendant, The Monsanto Company, can be served with a copy of the petition and service of process may be obtained upon its agent, C. T. Corporation System, First National Bank Tower, Atlanta, Georgia. 3. In 1962, the Defendant, The Monsanto Company, through its agents or employees was engaged in the manufacture of a product know as "Cumar". Said "Cuiriar" was manufactured by the Defendant, knowing said product would be resold and used by others as a sealant in silos. GEORGIA. DOUGLAS SUPERIOR COURT Filed chy 19771 ..Ci-j-k DSW 379785 STLC0PCB4100557 4 - Plaintiff further states that the Defendant negligently manufactured the aforesaid product, "Cumar", in that prior to selling same,'the Defendant failed to perform reasonable tests and inspections of said product to determine possible defects which would prevent the anticipated use thereof; and that. Defendant failed to exercise ordinary, reasonable care in the manufacture, testing and production of said product. ' . - 5. - . ' In 1962, Plaintiff operated a large dairy farm in' Douglas County, Georgia and Plaintiff continues to operate a large dairy farm at the same location. 6. .' . In 1963, Plaintiff caused to be constructed upon his aforesaid dairy farm two silos for the purpose of storing live stock food-stuffs. In the construction thereof the product "Cumar" which was manufactured by Defendant was used to coat the interior walls of said silos. - . 7* .' '' ' Plaintiff was notified by the Georgia State Department of Agriculture that the milk produced by his dairy from October 2, 1970 thru July .29, 1971 contained large quantities of a toxic substance known as "PCB". " '. .8. - The source of the PCB contamination was determined to be the product "Cumar" used to coat the interior walls of said silos, which produce "Cumar" had been absorbed into the silage therein, thereby poisoning same. Without knowledge of the . '. " DSW 379786 STLC0PCB4100558 poisonous qualities of the silage, silage was fed by Plaintiff to his dairy cattle, and in turn, the milk produced by said cattle was contaminated with toxic PCB. 9. As a result of the foregoing facts. Plaintiff was notified by proper authorities that milk containing a high quantity of PCB would be condemned, and he would be prohibited from marketing same. . - 10. ' . Feeding cows silage from said contaminated silos did, and would, produce PCB quantities in milk from said cows in excess of the limits legally imposed. Accordingly, Plaintiff's silos were rendered useless and of no value. .. -11. ^ ' As a result of the Defendant's failure to exercise ordinary reasonable care in the conduct of tests, inspections, manufacture and production of said product, "Cumar", and because Defendant failed to properly label and warn of "Cumar's" toxic characteristics. Plaintiff has suffered pecuniary harm in that said silos are useless and will require dismantling and re placement; that in order to continue his operation through out the winter. Plaintiff has been required to construct a temporary feed storage facility, obtain additional labor to service said temporary feed storage facility, suffer loss of feed stored in said temporary feed storage facility and the Plaintiff will be required to purchase a tractor equipped with a front-end loader .in order to service said temporary feed storage facility; and further the dairy business of the Plaintiff has been damaged and . DSW 379787 STLC0PCB4100559 the dairy cattle belonging to Plaintiff have been reduced in value. .. WHEREFORE, Plaintiff prays that judgment be rendered in his favor in an amount of $80,000. TISXNGER & TISINGER By: Address: . 202 Tanner Street Carrollton, Georgia 30117 OS>N STLCOPCB4100560 ^i T*^rfcr'~^Pi - y- (j ft i-*^**^-^' - CERTIFICATE OF SERVICE . I, Richard G. Tisinger, attorney for the Plaintiff in the foregoing case, do certify that I have this day served C. T. Corporation System, First National Bank Tower, Atlanta, Georgia, agent for the Defendant, with a copy of the foregoing Complaint by depositing same in the United States mail at Carrollton, Georgia with proper postage affixed, this ' I. .' day of , 1972. . - ... TISINGER & TISINGER ' . By: . Richard G. Tisinger Attorney for Plaintiff DSW 379739 STLC0PCB4100561 COPY OF SUMMONS * STATE OF GEORGIA --vufGvim---------------- COURT ----------------- .-------COUNTY Civfl Action, File ---------- VS. _Iuo-Jionaaato_Cc^ay__ ___ Plaintiff. Tirst national odak Tower ----3J3-J,3----------------------------------- ------- . Defendant. To the above-named Defendant:__ ^tie-lJoa^ant-o-Co^iaay- SUMMONS You are hereby summoned and required to file with the Clerk of said Court and serve upon. ..... ........-- ------------- i ........--tuc^unl-C,--Tis-iii ^51?. Plaintiff's attorneys, whose address is..'202.J'an.nsxt_XS.8-- Ca.r?o}lton4_Gc-ory^;.d..30.J,17_________________________________________ an answer to the complaint which, is herewith served upon you, within 30 days after service of this summons, upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. . This lhe__dOtlt 19J72_ 7^ r Urayne Heard, Clerk of Court. DS 379790 STLCOPCB4100562 GEORGIA,COUNTY: I have this day served the Defendant_______________________________ ._____..'__________________________ personally with a true copy of the within petition and summons. This the............. ........ day of--------- ----- ----------------------- ,19------ Sheriff. GEORGIA, _____________ _____ _________ COUNTY: I have this day served the Defendant_______ _________________________________________________________ with a true copy of the within petition and summons by leaving same at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. This the.... ..... ....... .... day of.., 19--------------------- Sheriff. GEORGIA,. -COUNTY: I have this day served the Defendant----------------------- ------------------ -------------------------------------- a corporation, with a true copy of the within petition and summons by handing same in person to.. _____ _______ ________________ _____ _________________ _ an officer of said corporation. This the.day of.___________ _______________ _ 19------ DSW 379791 Sheriff. iiTtiA.Li J wLa. STLCOPCB4100563
Contact UsLoginSign Up
CUNY - The Graduate CenterColumbia University Mailman School of Public Health - Sociomedical Sciences