Document 65Yx4mY5Gvzj3L31OqaoYbDag

STATE OP MISSOURI CITY OP ST. LOUIS ) ) SS ) IN THE CIRCUIT COURT OP TH2 CITY 07 ST. I.GUIS STATE OP MISSOURI THEODORE CWRECKX# ) ) Plaintiff, ) ) ) ) XF. DRAKENTELD AMD COMPANY, ) a corporation, ' ) 45 ParX Place ) New York 7, New YorX ) Sorvet Secretary of State i Jefferson City, Missouri ) ) and i i MONSANTO CHEMICAL COMPAQ, ) a corporation, . ) Servei C.T. Corporation j-n-vice i , . .. 314 S, Broadway i St, Louis 2, Micacuri, i > Defendants. Ho. Div. No. 1 PCT I ;. cocKr i Plaintiff, for cause of action . r count r of this Petition, states: 1. Defendant, B. P. DKAIL2UPE1D AMD COMPANY, haralnafcer called "Drafcenfeld"} Is end was a foreign corporat.cn duly organised and existing ur.dor lew at ell tisitio hereinafter mentioned: as hereinafter more particularly alleged, has committed a tort against the person of h La Lntlt' , in t: City of St. Louis, State of Missouri, and her! thereby that the Secretary of State of Missouri shall be its agcrit HARTOLDMON0095232 for the service of process, tli r,r it r-. uvi^. :\ in v,,%.i ..... . 1949, Section 351,530. 2. Defendant, IlOirf'/:r?n CnSMICj C.,' :.;:v (::':'!.'..tf:-:1 called 'Monsanto") ia and at all b'lroir.t t U" r :.it\J .t ^ was a corporation organised and s .v < c.J. ng Lir-.l^r t-vu l the State of Delaware, having a regUturnd agent r.nu oiil --: in the City of St, Louia, State of MiuROuri, and hs^lng itr principal place of buaineos in tha State of tfiriaourl. 3. Defendant DHAftiSirr.^D ia engaged in the bu.sin-*/,n oi manufacturing, preparing nnd dittributing into the chnrtr.rl'i of trade paints and cnnw^l-, and yong the various preduety SO distributed by paid Dfia<AHiCj :L , n rittirrcl juw'n /Jt naiaeL in 4S7 oil. 4. Defendant MCiJirA'^fQ in -inyay 'd in h;,.i.?.v;*i t: manufacturing and prepr-ring chvriicuia , cht-.-icnl products., oils and thinnera and dijLrlit;ting />:sid nrodv.eto L-'.to tVo channels of trade, arid ftffoiy; the? various pre-ueta jo factured and distributed by jaid Df nncinnt ia the 'ri~S'\2' known as Arcelor 4465. 5. Defendant " li j/\' .r'j the af ororJfiid pr^-*; . ji: 24-018 enamel in 437 oil, h- cc.;bv;\ng various other Tfl`.tv:r i. aV' with Monsantola product Arcelor 4161. 6. Both Defendant:; herein -d V.ivjw anrl int.ivl r'i::t. -...; products would fca used by the cot.iuv. ing public .ted vouin handled, dealt with, touc> -i t!io tucc" thereof .c inhaled by the public, and both Dof* :J -l- product* in the channels of trade with such kncwlrtflgc omd Intention. 7, Both Defendants herein did impliedly warrant and represent that the products 24-019 enamel in 407 oil, and Aroclor 4465 were fit and safe for ouch uac 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 theta, knew that said products would from time to time be heated or baked in ovens, and that use by the public of sold products was likely to cause liver damage, shin eruptions, rashes, acne, cysts and dermatitis of various kinds. 8, Plaintiff, beginning in the year 1958 began to moke use of said products in his employment with international Bent Class Company, Inc. at St. Louis, Missouri, handling such products, touching the same, and inhaling the fumes thereof, all in'reliance on the shill and Judgment and aforesaid warranty of both Defendants, bei-g wholly unaware of ths toxic and dangerous qualities of such products, 9, After a period of such use of such products, the same, contrary to and in breach cf the warranty of both Defendants, directly and proximataly caused Plaintiff to become ill and diseased, in that Plaintiff suffered oruptio.i:, of Plaintiff's shin over and about Plaintiff's neck, should^''.*, chest, back, buttocks, face, ears and eyelids, said are*=; h;..-. become covered with cci^tdones, cysts, acne, infectious livnio:: -3- papules and a condition known as ehloi'Acnc; Pl&intifi ' w yy<_- lids and periorbital skin became erythematous,, edematous a:v: scaly? Plaintiff's liver was injured, damaged end diseased; these conditions are painful, irritating and embarra-id ing .* all of said conditions are permanent. 10, Plaintiff has become obligated for large suns of money for medical attention for tho aforesaid conditions and will become obligated for additional such aunts in the future* in an amount not now ascertainable. r WHEREFORE, thepremises considered. Plaintiff prays Judgment against the Defendants and each of them, on this Count I of the petition fc- FZVB IHOUSAllD ($45,000.00) and for Plaintiff's coats. ' COUNT II Plaintiff for cause of action in Count II of this Petition states: 1. Plaintiff restates and realleges each and every allegation in paragraphs 1, 2, 3, 4, 5, and 6 of Count 1 of this petition. 2. Both Defendants and each of them Knew, or in the exercise of ordinary care should hava Known that said products, containing highly chlorinated biphenyls and triphenyIs, are, and for many years have been, Known to be of a toxic and dangerous nature in that they were reasonably likely to onus.* abnormal reactions, skin eruptions, rashes, liver damage, dermatitis and diseases, and Defendants and each of thorn v-vro -4- HART OLDMONOQ95235 under a duty to give -an adequate warning of ouch dungem and risks to the public who u.scd such proriuctn, but both D.jfnMi .ir; and each of them negligently breached taid duty by laliinj and omitting to give an adequate warning of ouch dangers and risks * 3. Plaintiff began to make use of ouch products in 1958 in hi* employment at St. Louis. ttinsouri with International Bent Glass Company, and as a direct and proximate rur.ult of the Defendants' negligence, Plaintiff was injured in those particulars alleged hereinabove in Count I, Paragraph 9, 4* Plaintiff restates and realleges each and every allegation in Count I, Paragraph 10, WHEREFORE, the premises considered. Plaintiff prays Judgment on this Count II of thi* Petition against tha Defendants, and each of th^js, in t.-1? .urn of F0RT3T PIV5 THOUSAMt* DOLLARS ($45,000*00), and for hi* costs. \RS A&flf'v ' 1 F2` &juJ ^ JGHH P. MONTIISY 430 Paul Brown Et^-og^ St. Louis 1, MirSio Ghrfield 1-2777 ATTORNEYS FOR PIAINTIPF 041696b HARTOLDMONOQ95236 Fora N 7* Circuit Court for the Gty of St. Louis State of Missouri Theodore Czarneeki Platatiff,. .. 3* 3?&MxtAlfL.X..Qo.Jk..or.pB..... Ho.............. 4? Div.............................. . Defendant...... .. SUMMONS Tht State of Missouri to Defendant... Honsmta-Xhenteal .Co.. a- Copp-* You are hereby summoned to appear before the above-named court and to file your pleading to the petition, copy of which la attached hereto, and to serve a copy of your pleading upon.................................. .....................................Caruthfil...&...Moil&i?y............................................attorney., g.. for plaintiff. , whoK tddKH ii........................................430 .?U'C. di-cv:n ..................................................... all within $0 dayi after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded In the petition. Dated 2? ......................... w......... 6z .. . (Seal of Circuit Court) By fts\,. PHELIM O'TOOLE Circuit Clerk. Deputy Clerk. ts aHV*1*61 HARTOLDMON0095237 RETURN ON SERVICE OF SUMMONS 1 hereby certify that I have served the within summons: (1) By delivering an the................................... day of............................... ........................... ................ . 1$ a copy of the Bummon* and a copy of the petition to each of the within-named defendants................... (2) By leaving on the.........................................day of............................................................................ , 19. for each of the within-named defendants..................................................................................................... a copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode of said defendants with some person of his or her family over the age of 19 years; (3) By.................................................................................................... :................................................................ All done la............ ....... .... County, Missouri Sheriff's fees: Non eat.. Mileage.......... Total $ Sheriff of........................... ......................................... County, Missouri. By................................................................ Deputy Sheriff. DIRECTIONS TO SHERIFF A copy of the siujuuoiu and & copy of the petition must he served on each de fendant, For methods of service m aU classes of suits hi Sec. &7 Civil Coda. i sa 0Z5 4" Osa 6l ^E5 **0 Scn3 3 Vit a u i\ j \ ! 0416968 I ia ] :1-o % 'sVis'Q t n. .; X ''j s 3 S HARTOLDMON0095238