Document 4vkNED74KejmNX3D3By9w2D6x

f&ZEMEZta SIRVICE Of PROCESS TRANSMITTAL fORM Tlii Civporatlon triUT^CewySKy C T Carp ^rattan Syatn ST* LOUIS MISSOURI ii AsmimU (Clly| FEBRUARY 7, 1964 TO. Hr. E. J. Putsell, Jr. c/n Monsanto Chemical Company, Boo w. Mndhargh St T-rmla fifif MlHannrl ( X ) VIA CERTIFIED MAIL ( ) VIA CERTIFIED AIR MAIL ( ] VIA MESSENGER . re: PROCESS SERVED IN THE STATE OF . MISSOURI T MONSANTO, CHEMICAL COMPANY {Nam of Company) (Nona Slate) Endotad are eopiai of legal procau tarvad upon lha statutory agent of Ihe abova company at followtj 1. ' Title of Adioni JAMBS A. WHITE vs. B. F. DRAKENFELD AND COMPANY and MONSANTO CHEMICAL COMPANY 2. Document^) Sarvad. Summons and Petition 3. Court.Circuit Court, Dlv.l, St-. Louis, Missouri, No. 62109 E 4. Natura of Action. Plaintiff prays Judgment against defendants and each of them the Bum of $45,000.00 and costB for alleged injuries caused by using 24-018 enamel in 487 oil as supplied by defendants while employed with International Bent Class Company, Inc., at St. Louis, Missouri. 5. On Whom Procau wai Sarvadi C T CORPORATION SYSTEM, St. Louis, Missouri ' 6. Data and Hour of Sarvica. February 27, 1964 at 11:00 am, 7. Appearance or Answer Duet 30 days after service, exclusive of day of service a. Plaintiff'* ARorney(). chill foil, CaruthefB, Symington, Montrey & Daniel 434 Paul Brown Building St. Louis, Missouri 9. Ramerfui 0299705 KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING JO US THE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM. ' Addrarn 314 North Ttnnflrtwny . at. Trail a, MtHRouri HtlVO-T U HARTOLDMON0095377 STATE OF MISSOURI ) > IH CITY OF ST. LOUIS ) IN THE CIRCUIT COURT OP THE CITY OP ST. LOUIS STATE OF MISSOURI JAMBS A* MttZTSi -' . Plaintiff, : -VB- B.T. DRAKENFFID AND COMPANY, a corporation, ` 45 Park Place, Raw York 7, New York Server Secretary of State* Jefferson City, Missouri, -and- r. MONSANTO CHEMICAL COMPANY, a corporation, Server C.T. Corporation Service, 314 North Broadway Saint Louie 2, Missouri, >. Defendants. Cause No. Division Ho. One j . P. E T I T gQVHT I, Plaintiff, for his cause cf action In Count 1 of this petition, statest - 1. Defendant, B. F, Drakenfeld and Company, (hereinaf ter called "Drakenfeld") is and at all tines hereinafter men tioned was a foreign corporation duly organized and existing under the law. 2. Defendant, Monsanto Chemical Company, (hereinafter called "Monsanto") is and at all tines hereinafter mentioned, Q2*4?Ofr HARTOLDMON0095378 was a corporation organised and existing under the laws of the State of Delaware, having a registered agent and office in the City of fit, Louis, State of Missouri, and having ita principal place of business in the State of Missouri. 3. Defendant Drakenfeld is engaged in the business of manufacturing, preparing and distributing into the channels of trade paint* and enamels, and among the various products so distributed by said defendant is an enamel known as 24-018 enamel in 467 oil. 4. Defendant Monsanto is engaged in the business of manufacturing and preparing ohemlcals, chemical products, oils and thinnars and distributing 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 487 oil by combining varloua other materials with Monsanto's product Aroclor 4465. 6, At all times hereinafter mentioned, both defendants herein did knew and intend that said products would be used by the consuming public and would be handled, dealt with, touched and fumes thereof would be inhaled by the public, and both de fendants placed said products in the channels of trade with such knowledge and intention. 7. During the year. Jjif, 1M9i U5g, 1960 u* Iffti, and until the month of Hay, 1962, defendant Drakenfeld contin uously supplied 24-019 enamel in 467 oil containing defendant Monsanto's Ardor 4465 to the International Bent Qlaas Company, ' ' '- 2 - 0299767 u 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 Bant Glass Com pany, Inc., both defendants herein did impliedly warrant and represent that the products 24-018 enamel in 487 oil and Aro- clor 4465 were fit and safe for 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 dematitis of various kinds. , 8. Plaintiff, beginning in the year and continu ing until the month of Hey, 1962, made use of 24-018 enamel in 487 oil, as supplied by defendants in hisenploymsnt with International Bent Glass Company, Inc., 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 end aforesaid warranty of both defendants, being wholly unaware of the toxic and dangerous qualities of such products. 9. During the year 195$ after a period of use of said product, plaintiff began to suffer eruptions of plain tiff's skin over and about plaintiff's neck, shoulders, chest, back, buttocks, face, ears and eyelids; said areas became cov ered with comedones,* cysts, acne, infectious lesions, papulss HARTOLDMON0095380 and a condition known as chloraene; plaintiff's eyelids and periorbital akin became erythematous, edematous and scalyr plaintiff's liver became injured, damaged and diseased. Plain tiff continued to suffer these aforesaid conditions through the period of time during which he used 24-018 enamel in 487 oil, still suffers the residual effects of ths 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, hie employer. International Bent Olass Company, Inc., its re presentatives, and other employees similarly injured, and their representatives, to determine, discover and ascertain the nature, extent and cause of his disease and injury through the use of various skilled medical experts and spacialists, but said medical experts and specialists were unable to determine, discover or ascertain tha same. During the month of Hay, 1962, -The Occupational Health Research and Training Facility , Divi sion of Occupational Health, Public Health Service, United States Department of Health, Education and Welfare, as a result of an investigation conducted by its representatives in March, 1962, determined, discovered and ascertained for the first time that the direct and proximate cause of plaintiff's condi tion, as heretofore alleged, was the use of defendant Drakenfeld's 24-018 enamel in 487 oil, containing defendant Monsan to's Aroolor 4465, and communicated its finding to plaintiff in the month of Kay, 1962, thus constituting plaintiff's first knowledge of the direct and proximate cause of his condition, as heretofore alleged. \ ' -4V HARTOLDMON0095381 .11, As & result of the aforesaid actions of defen dant Drakenfald, said,defendant has engaged in a continuous course of tortious conduct commencing in 1957 and not termina ting until Hay, 1962, and thus defendant Drakenfald has com mitted a tort in whole or in part against the person of the plaintiff in the City of St. Louie, State of Miesouri, after the effective date of V,A,M*S* 1949, Section 351.630, to-wit, October 13, 1961, and he* thereby agreed that the Secretary of State of Missouri shall be ite agent for the service of process, all as is provided in Said V.A.M.S. 1949, Section 351.630. 12. Plaintiff has become obligated for large sums of money for medical attention for the aforesaid conditions and will become obligated for additional such sums in the future in an amount not now ascertainable* _ WHEREFORE, tha -premises considered, plaintiff prays judgment against the defendants and each of them, on this Count I of the petition for Forty-Tiee IbOttMDd Boilers {945,000.00} and for hi* cotta* QQxm u Plaintiff for his 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 . 1917, 1959, 1959, 1969 and 1961, , and until the month of Hay, 1962, defendant Drakenfeld eontin- -5- 0299710 I uously supplied 24-Old enamel in 4B7 oil containing defendant Monsanto's Arcelor 4465 to the International Bent Glass Com pany, Inc*, in St. Louis, Missouri, and said product was used daily by said latter company In the process of making its pro ducts. 3. Both defendants and each of them knew, or in the exercise of ordinary care should have known that said products r containing highly clorinated biphenyls and ttriphenyls, are, and for many years have been, known to be of a toxic and dan gerous nature in that they were reasonably likely to cause abnormal reactions, skin eruptions, rashes, liver damage, der matitis 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 6, 9 and 10 of Count I of this Peti tion. 5. Plaintiff was injured in the particulars alleged hereinabove in Count , 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 th defen- HARTOLDMON0095383 HARTOLDMON0095384 Ft N*, 79 Circuit Court for the Gty of St, Louis -..... Stela of MStmoi: ^ James A, white PliinUlf....,., B.F. Drokenfelt and Company , a corporotito et el Ho...,..<!iU99....I......... ... ..... . DafSudani..... SUMMONS Tha Stitt it Miiumri to Dafemdanl............ t You in hereby summoned to appear before the above-named court end to (lie your pleading to the petition, copy of which la attached hereto, end to aerve a copy of your pleading upon............. ..................... Oullfoil, Carother* , Symlnfftfflo. Hont.rey , for plaintiff.... , white addite. to................................................................ ;....................'....................................................... all within M daye after earvloa of thla summon* upon ywv eluiiv of the day of service. If you fail to do eo, judgment by default wfl) bt taken agalntt you for the relief demanded In the petition. Dated dhmuor......BfifeUu....,...it........ Sfc JPHELIM^ O'TOOLE..... Circuit Clerk. jj OT ;r>i p: ptf! \t}%U,\h J'* !T . V ' 1 : ft*1 Frf-r.Tr,-:-; I Till* urf* 'rt.* W*'r <if " ....................... " ^Depufcy Clerk. '* ' .'viisjwyf! ........... (Seal ei Circuit Court) " - * > r j ' }>. o\ ;|j , L>i/i':jO!r o rprt Jftj'nici-UM;;*';\ ' .............' <[&? C ................ ............... iiU'-'i / i/: ir MJi-JWir-: r/ ot,i. 'sel'/..h;;e oh ./ (ItUl1 HARTOLDMON0095385 RETURN ON SERVICE OF SUMMONS . I hereby certify that I have served the within summons; (!) By delivsrtxig on the.................................. day of.......................................................................... 19...... a copy of the summons and a copy of the petition toteeh of the wlthln-named defendants,.......................... (1> By leaving on the....................................... day of................................,,......................................., 19. for each of the wlthln-nainod defendants.................. ........... ,,................................................................... a cow of the sumraou and a copy of the petition at the respective dwelling place ox usual plate of abode of Held defendants with acme person of his or hex family over the age of IK years; (1) B] ..................................... ......................... .................................................... All done la............................................................ ....... County, Missouri Sheriffs free: ............. Sheriff of,....................................... ...... ..................... County, Missouri. Honest.. Mlletge.., Total..... .4 , By............. ........................... i.................... Deputy Sheriff. DOUCTKONB TO SHERIFF A copj of the BimniJM tad acpr of the petition must be served eo etch dt- ftodenl, fbt methods tt setrle* Jo #11 oluiu of suits m tec. IT Civil Cods, f [ 0299714 HARTOLDMON0095386