Document 3ON6a3jdL3MNq1byOda0RVZ3

/ fl i' SUMMONS /\ ^ J ' V itorr?' CIRCUIT COURT OP KANAWHA COUNTY, WEST VIRG3!INIA CIVIL ACTION NO CA-82-82-3g21 ERNEST LEE STEVENS And CAROLYN SUE STEVENS Plaintiff | v. > Summons UNION CARBIDE CORPORATION, a corporation; -----and FM2 CCKFORATIGN, a corporation, I Defendant Serve Secretary of State To th above-named Defendant: IN THE NAME OF THE STATE OF WEST VIRGINIA, you are hereby summoned and re quired to serve upon. whose address is. William C. Field 603 Virginia St., East Charleston, WV 25301 .plaintiff's attorney. an answer, including any related counterclaim you may have, to the complaint filed against you in the above styled civil action, a true copy of which is herewith delivered to you. You are required to serve your answer within------3Q. 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 de manded in the complaint and you will be thereafter barred for asserting in another action any claim you may have which must be asserted by counterclaim in the above styled civil action. Dated: September 9, 1982 UCC 099298 Ts C. c ' eor^bfiHon which has boon ..ul'n.iiwd to dwbunnessin' thii Stiif* in acccrc!.-.co wi.`h t;.-> previsions of Chaptar Arfielo 1, ctic.n Ui of tho Codh of .West Virginia. A. iA),\rS MAilCHiif Ifetfoifery of Stata ft! UCC 099299 TO C.C IN TUE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA ERNEST LEE STEVENS and CAROLYN SUE STEVENS, Plaintiffs, vs. UNION CARBIDE CORPORATION, a corporation; and FMC CORPORATION, a corporation, Defendants. c-fi-ta-sra,! reoe"' COUPLAINT JO*# The plaintiffs aHugo as followst 1. At all times mentioned herein the plaintiff, Ernest Lee Stevons, iu a resident and citison of the County of Kanawha in the State of West Virginia. 2. That at all times mentioned herein, the defendants were engaged in the manufacturing of chemicals and chemical products and each Nad plants located in South Charleston, Kanawha County, West Virginia. 3* That each of the defendants' plants were located in close proximity to a residential section of Charleston, known as "North Charleston". 4. That at all times mentioned herein, and for at least ten yoars prior to the day of this complaint, the plaintiff, Ernest Lee Stevens, was a resident of "North Charleston" residing at 311 32nd Street. UCC 099300 n $& c. c. 5* That the defendant, TJnlon Carbide Corporation, also had a tank oar loading facility located adjacent to the residential area known as "North Charleston." 6. For the entire time that the plaintiff was a resident of "North Charleston," the defendant emitted dangerous chomicals and the residue of said chemicals into the air. 7. At all times mentioned herein, the defendants knew or should have known of the dangerous qualities of those emissions and that those chemicals and residues were hazardous to the health of those residents living in close proximity to their plants and tank facilities. Including but not limited to the residents of "North Charleston." 8. That at all times mentioned herein, the said emissions constituted a nuisance. 9. That at all times mentioned herein, the def ndants* acts were wilfull, wanton, malicious, and in reckless dlar card of the plaintiffs* rights and the rights of others. 10. That at all times mentioned herein, the emissi ns were a direct and proximate result of the negligence of the defendants, whiah was 'joint, several, and concurrent. 11. As a direct and proximate result of the emissions of chemiaals and residues of said chemicals, the plaintiff, Brnest Lee S tovans, contracted cancer. 12. That as a further consequence of the acts of th defendants as hereinabove described, the said plaintiff, Krnest Lee Stevens, has sustained! -2- ucc 099301 n* F (a) Pain and suffering, past and futurei and (b) Medical expenses, past and future. 13. That the plaintiff, Carolyn Bue Stevens, is the wife of tiie plaintiff, Ernest Lea Stevens, and that the plaintiff Carolyn Sue Stevens, in said capacity, has, as a result of th acts of the defendants, sustained great and irreparable loss in boat site will bo deprived for the rumainder of her life of the sociuty, companionship, consortium and services of her husband. WHEREFORE, the plaintiff, Ernest Lee Stevens, demands judgment against thu defendants for compensatory damages in the sum of Two Million Dollars (92,000,000.00), and for punitive daiaaoeu in tho sum of Two Million Dollars ($2,000,000.00). WHEREFORE, the plaintiff, Carolyn Suo Stevens, d mends judgment against the defendants for compensatory damages in the sum of Five Hundred Thouaand Dollars ($500,000.00), and punitive damages in tho sum of Five Hundred Thousand Dollars ($500,000.00) Plaintiffs damand that thia cause by tried by a jury. ERNEST LEE STEVKN3 and CAROLYN SUE STEVENS By Counsel 3 UCC 099302