Document 5k5DVx1KQMDe3m3kJJv83kq28

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1934 DOC#: EADS014 DOCUMENT DESCRIPTION: Documents from Case of Angelina de Muro Graziosi for Michael de Muro UNITED STATES DISTRICT COURT. DISTRICT OP NEW JERSEY. / ANGELINA DE MURO GRAZIOSI, a d m in is tra tr ix ad prosequendum o f MICHAEL DE MURO, d e c e a se d , . * vs r .. . . P l a i n t i f f , JOHNS-MANVILLE CORPORATION, " ' a c o r p o r a tio n o f .t h e S t a t e ....... o f New Y o r k , " *' * . ' ' ... ____ D e fe n d a n t. . "AF~r wF~~IDAVIT OFr *** * CARMINE RUGGIERO. *f *'r *f* , *1*-- 1 t Vt r<? \ n V . i t .-tvV STATE OF NEW JERSEY /< S3. COUNTY OF ESSEX .<-4 CARMINE RUGGIERO, b ein g d u ly sworn, according to law , on h is o a th , say s: * ' `` ` I r e s id e a t 415 Avenue L , B ro o k ly n ,' New Y o r k . I am o f I t a l i a n n a tio n a lity and speak the I t a l i a n and E n g lish la n g u a g e s. A t t h e re q u e st o f M r. Rainer I went w ith him to the M a n v ille p la n t o f the defendant company, on ' December 9 , 1929 and was p re se n t a t the o f f i c e o f M r. Hughes, manager o f t h e p la n t , and a statem en t was tak en from M rs. A n g e lin a DeMuro G r a z i o s i . A t the tim e t h is statem en t was ta k e n th e re were p re se n t Jo sep h DeMuro and Anthony Demuro who I was inform ed are sons o f M rs. G r a z io s i and .a ls o M rs. A d e lin e DeMuro, who I am informed is the daughter-in-law o f Mrs. G ra z io s i; there were a ls o p re s e n t M r. A r c h ib a ld Hughes, Mr. Em il Rainer and Miss C h arlo tte W olf, stenographer. M iss W olf was asked to make a ste n o g ra p h ic to which she r e p lie d in I t a lia n ' and I then in te r p r e tte d h e r answers in E n g lis h and the same were reco rd e d b y "` M iss wo l f . i'--:1" 'V r y id A ft e r th e in te r v ie w was f in is h e d . M iss W o lf tr a n s c r ib e d th e q u e stio n s and answers in * *-*. ty p e w r itin g on s ix sh e e ts and I then read t h e ty p e - '? w ritte n tr a n s c r ip t in I t a lia n to M rs. G r a z io s i in the^ p re se n ce o f h e r s a id two sons and d a u g h te r -in -la w and'--5-" asked h e r i f th e same was true and s h e .s a id t h a t 5' i t was tr u e and th a t she was w i l l i n g to s ig n same* I in te r p r e tte d t h ee n tir e statem ent to her c o rre ctly in the It a lia n language before sh e signed the same; . . .; .V,/""- ' Y.Jh. A fte r I had in terp retted the statement to her she then signed each of the fiv e sheets at the bottom th e re o f and then signed sheet number 6 about in th e m id d le o f the page a t the end o f the q u e stio n s and answers# Jo sep h DeMuro, Anthony DeMuro and A d e lin e DeMuro a ls o sign ed each o f the f i v e s h e e ts i n my p re se n ce and a ls o w itn e s s e d the s ig n a tu r e o f M rs. G r a z io s i on page 6 . I then signed a c e r t ific a t e a t th e bottom o f page 6 s ta tin g that M rs. G ra z io si acknowledged th a t she understood the statem ent.' T h e re a fte r a Notary P u b lic was c a lle d to th e o f f i c e and he asked me i f I had in t e r p r e t t e d the statem ent in I t a l i a n to M rs. G r a z io s i and I s a id th a t I had done s o . I heard the N otary then ask ` On the tv/o sheets fo llo w in g s a id number 6 f { th e s a id tv/o sons and d a u g h te r -in -la w o f Mrs* .G r a z io s i I sig n e d in my p resen ce the statem en ts th a t-a p p e a r on s a id sheets j ' : ....... ` I have examined sheets number 1 to 6 o f the ty p e w r itte n "statem ent shown to me today and the % th e two sh e e ts fo llo w in g the same w ith o u t number. A l l o f th e se sh e e ts are in the same c o n d itio n and th e sig n a tu r e s th e re o n are the same as when .th ey were sig n ed in my p re se n ce on December 9 , 1929 S u b scrib e d and sworn to : b e fo r e me t h i s 10th day o f F eb ru ary , 1930 ; Notary P ublic of N. J . Twrtr n r " m u Tw i| j y tw H -- XT t T T T n m r o kt \ j -- r r ryrx j -- tTtrdr.T' IT "L/'X? X ^ T T - ` E . RAjYER IN 'THE PRESENCE OF UR. ANTHONY D3 1EUR0, ViRS.. ANTHONY PS 1.-.UR0 AND i'-R. CAR?*IMS RUGGIERO, ITALIAN INTERPRETER. What i s your name ? t * * } Angdina De Uuro G razio so ' * ' " ' -' - - - - * ' ` How o ld are you ? 2c r y ; . Six ty -o n e yeare old : . Are you a widow ? ''* Yea. - How many tim es were you a widow ? . : ' *-.*l.- t->i> A', n- 1 '> j- ' * v--jn ' iv a H:e Tw ice. What was 1/ichael De Kuro to you ? * My f i r s t son * * * Where was he horn ? In K a ly How lo n g are you l i v i n g in L ia n v ille ? Sixteen years. . 7/here did you come from ? From Hoboken. , \ i '/There was your son working in Hoboken ? For F ish er Candy fa cto ry as a truck d r iv e r . When d id you come to lia n v ille ? 1913. How o ld was M ich ae l when you came to a n v ille ? About 21 or 22 y e a r s . Was he s in g le ? Sin gle Where did he work when you came to H a n v ille He worked in "C " B u ild in g in lia n v ille F a c t o r y , Jo h n s - lia n v ille Company Q. S t r a ig h t , te n or 12 years ? * A No I n the Deantime, he went to war , Q A. I * : Q * A How lon g was he in the war ? I The f i r s t tim e , nine or ten months* * When he came back from w ar, d id he g e t a jo b in th e M aryville F a c to r y a g a in * * * ** ' Llir- Yea - .7. - j Q . How lo n g d id he work a f t e r th e war here ? A* He worked fo r a few years and then e n lis te d in th e U n ited S t a te s Army , and when he came back from th e arm y, he got a jo b back a g a in w ith th e i1 ; Jo h n s-iian ville Co* . I - . .............v ... r - ;fJ r I '}. When d id M ich a e l g e t married ? A I n 1924he was 33 years o f age when he got married , Q . What church was he married in 7 i . A . Sacred Heart Church in M a n v ille, N. J . 4 ii Q. What was h is w if e 's name 7 . . . . . - */ || , A. Josephine Palumbo. \ ^ | Q. Where did h is w ife come from 7 , r ( f A P en n sy lv an ia _ , . f ir-. . - $<*-*;; t . Q. What c i t y 7 A. W ilk es-B a rre, Penna Q . how o ld was she % when she g o t m arried ? A* About tw e n ty -e ig h t. Q. Where did th e y ta k e out lic e n s e t A . In B e lle M eade, N J Q. Did the w ife o f M ich a e l De i/luro ever work in U a n v ille F a c to ry * A . She worked th e re befo re she was m a rrie d . 1 Q. How long ago 7 A . I d o n 't know, because I d id n 't know the g i r l a t th a t tim e. Q. Do you know th e p aren ts o f the w ife J -LI_ nr Tint on terms* Q* '.'hat i s t.he c h i l d 's nuiao 7 A. Angelina* Q* Ho* o ld i s tiTe c h ild ? A* She i s fo u r years* Q* How lo n g d id you have th e baby T 4 From the tim e she was born* Q. Where was th e baby born 7 .... v* ' A* Here in J t a n v i l l e . Q* Who was th e d o cto r who took th e baby 7 * * A* Dr* P o g o lo ff* -- r><<- ' Q. I s i t a f a c t th al^ you had to take the baby because your ^son was t . . . ir . separated from h is w ife 7 A* Y o s Q. 7/hen was t h a t 7 Q* About a year a f t e r th e b ir th * '' ** * ... ' -* '**'* i , (J* Why did you have to take care o f th e baby when th e baby was born 7 A* A ft e r the c h i l d 's b i r t h , the mother and c h ild were sent to the Bonnie Burns h o s p it a l fo r the m other's h e a lth , and a couple o f months a f t e r . 1 took th e baby out because the fa th e r wanted i t home* Where was the fa th e r working a t th a t tim e . A* In D a n v ille F a c to r y . Q . W as.th e fa th e r s ic k a t th a t time w ith lung tro u b le when the baby was and th e w ife wa9 in Bonnie Eurns h o s p it a l 7 A* N o. He wa6 a very stro n g man a t th a t tim e . What was the h e a lth o f Jo sep h in e De liuro s h o r tly a f t e r the c h ild was A A f t e r th e c h ild was b o rn , my d a u g h te r-in -la w wag taken s ic k w ith Hnei and lung tro u b le s e t in and she was tr a n s fe r r e d to the S a n ita r iu m . Q . What was th e h e a lth o f your son a t t h i s tim e 7 A . He was fin e * Q . 7/as he working stead y 7 lung trouble ? A I d o n 't know. ,, ''K Q. Can you t o l l mo.when your son separated from h is w ife ? . .. A . About a year a f t e r . < ; ; *., ; / Q . How o ld i s th e baby ? V . ; l f *j i - \ C'-r-.ih A . She w i l l f i n i s h four y ea rs on th e 22nd o f F e b ru a ry , 1930. Q . How lo n g i s your son dead ? A* He died Ja n u a ry 14, 1929. ` Q . When did your son s t a r t to com plain about h ia lungq I - 't t.-,- c.s # A . Sometimes a f t e r he married Jo s e p h in e , but he did not.-show, any weakness f o r some tim e and he was a b le to work. Q . Did your son pay you any money fo r keepin g th e baby T A . O nly when he wa3 w orking, he gave me som eth in g. W]nen he d id n 't work, I go t n o th in g) and I want to say a l l 1 can t e e l you some more about my d a u g h te r-in -la w is th a t she never.cam e back to my son to liv e again a fte r she l e f t Bonnie Burns H o s p ita l, a fte r she l e f t Saranac Lake San ita riu m and a ft e r she l e f t W hitehaven, and t h i s was th e l a s t p la ce she was i n . ; . ' i *,, . , 1. Q . When d id your d a u g h te r-in -la w d ie ? A . She d ied a week befo re my son d ie d . Q . How t e l l me, * lr s . S r a z io s o , is i t a f a c t th a t from th e time the baby was born u n t i l the tim e your so n , M ich ael d ie d , M ic h a e l did not work much and d id n o t g iv e enough money fo r th e support o f the baby V A . T h is i s r i g h t . He d id not work much, because he was s ic k w ith lu n g s , and I out o f my own pocket had to h e lp the baby o u t . 1 bought her c lo th e s and 1 bought her sh o e s , and I supported h e r , as i f she was my own baby. Q. How lo n g before jo u r d a u g h te r-in -la w m arried your son was i t th a t she worked in the Jo h n s -lia n v ille fa c to r y 1 * Terns' time a g o . ikiany y e a r s . Q* A f t e r ypur son d ie d , did you have in mind to sue t h e ^ b n s - C I a n v ilie Com pany fo r the lo ss o f your son 7 I never had any in te n tio n s o f su ein g the Jo h n e -U a n v ille Company fo r the d ea th o f my s o n , because he d id not support me and he d id n 't support tb< b a b y , and because I had to g iv e my son money to h e lp him * .* . Q . Do you know th a t you are su ein g the Jo h n a -U a n v ille Co* fo r th e d e a th . 4 ** " o f your son, Michael 7 "t . A. Yes. Q.% How did you come to aue t h is Company 7 A* A lawyer came to my hooe w ith a P o lo c k , who h im s e lf l o s t two daughters and a so n , and he to ld me th a t he i s the man t h a t w i l l g et me money j . : v . *r fo r the death o f my son . Q- What i s t h is la w y e r's name 7 * ^ "* r 1 v. *** * , ^ . . 7 j i A . I don't know. Q* What did t i s lawyer t e l l you T A* He said "Do you want something from the Company, because a l l the o th er are sueing th e Company fo r som ething 7" - Q . YYhat d id you say A . I f th ere i s something th a t I can g e t the same as the o t h e r s , a l l r ig h t Q. Did he speak to you in E n g lis h 1 . . A* In E n g lis h * Q. Did you understand what you were s ig n in g 1 A The lawyer to ld me to come to S o m e rv ille and he w i l l t a lk over th e ca se w ith me. There he asked me to s ig n papers and I signed them . S. Kow many tim es was th e lawyer in your house 7 A* O n ce. Q. How many tim es was th e P o lo c k , M a rsh a ll in your house 7 A. Once. Q . Who took you to S o m e rv ille 7 'h * Did you send fo r him ? '* # A* Mo, t h is Po lo ck brought him . Q . D id you t e l l t h is P o lo ck to b rin g a lawyer ? A. No. ' :* ! i Q . Do you understand E n g lis h ? I A. A little b it. ' . ' . 4"l - ; Q . Was your husband a c i t i z e n o f t h is co iin try T < r.. h*. ewr, t r e e ' n- h r * f-. .R- . A. Yes. , i Q . How lon g i s your husband dead ? \ A. August of th is year. , ' ; * .................... - J Q . Do you want to go on w ith your, case a g a in s t Jo h n s -M a n v ille ^ C o .? . A. I don't think 60. ! Q . Do I understand you want to drop th e case a g a in s t Jo h n s -M a n v ille Co T ' A. Yes, th at's rig h t. . I ' ; ' >> . y ; `f a r * STATE OF NSW JERSEY { A ss. COUNTY OF SOMERSET (; ' - ' \* \ 1929 ' ....................... On t h is 9th day o f December, 19i9,, before me p e r s o n a ll 1 , Carmine R uggiero, being o f f u l l a g e , hereby c e r t if y th at l speak, rea; UNITED STATES DISTRICT COURT DISTRICT OF HEW JERSEY. ANGELINA DeMURO G R A ZIO Sl, ) a d m in is tr a tr ix ad prosequendum j o f the r ig h ts , goods, c h a tte ls ) .a n d c r e d it s o f MICHAEL DeMURO, deceased, ) P la in tiffs, j ) , JOHNS-MANVI LIE CORPORATION, a ) corporation o f the S ta te o f : New Y o r k , ) ON MOTION TO QUASH V SUMMONS AND DISMISS COMPLAINT. ORDER. Defendant T h is m a tte r coming on. to be heard b efo re me, in the presence o f the atto rn eys o f.th e p a rtie s (Samuel G reenstone ap p earin g fo r the p l a i n t i f f and H obart k Minard appearing fo r the d e fe n d a n t), on the retu rn o f the ru le to show cause allow ed h e r e in on Mardh 7 th , 1930, why the summons should n o t be quashed and the c o m p la in t dism issed on th e grounds s ta te d i n s a id r u l e , and the co u rt h a rin g taken the testim o n y o f th e p a r t ie s in open c o u r t, and i t a p p e a rin g th a t the a tto r n e y fo r the p l a i n t i f f was p ro p e rly r e ta in e d and a u th o r iz e d to commence the abore a c t io n ; and the atto rn ey s fo r the defendant having consented in open court to the d ism issa l o f the said r u le ; I t i s . on th is ORDERED, . th a t the s a id r u le t o show cause be and the same i3 hereby d ism isse d w ithou t c o s t s . t>ln1 n t i f f C c^ \ l- U lilT S D ST A TES D IS T R IC T Court FOR THE D IS T R I C T OF KE'.Y JE R S E Y -------------- ANGELINA DeliURO GRAZIOSI, ad m in is t r a t r i x ad prosequendum o f I'JCHAEL DeliURO, d'eceased, Plaintiff vs. JOKHS-KANVILLE CORPORATION, a C o rp o ra tio n of the S t a t e o f Hew York, Defendant i fiction at Law . ORDER FO R D ISCO JfTIJfVAJfCE. 'JX o / f \ (. ' The above entitled cause having been settled between the parties thereto; It is O R D E R E D , that the same be, and it is hereby discontinued, without cost&o either party as against the other. 4 Entered Ju n e 1 3 , Ji?34 On motf on of J h ~ ^ ff'L | V '/L Attorneys of defendsiitr Consent is hereby given to the m aking and entering o f the above order. laintiif