Document 6NBezkYVwxn2bVQemOD03yK9

Ti>; (J C. SiTM-^ IU THE CIRCUIT COURT OR KANAWHA COUNTY, VfEST VIRGINIA ERNEST LEE STEVENS and CAROLYN SUE STEVENS, Plaintiffs, vs* UNION CARBIDE CORPORATION, a corporation; and EMC CORPORATION, a corporation. Defendants. C0MPLAI1IT Cfi gz-sis,! receN Jt.v l u 1982 P.SL*0 The plaintiffs allege as followst 1. At all times mentioned herein the plaintiff, Ernest Lee Stevens, iu a resident and citizen of the County of Kanawha in the State of Nest Virginia. 2. That at all times mentioned heroin, the defendants were engaged in the manufacturing of chemicals and chemical products and each had plants locatad 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 years prior to the day of this complaint, the plaintiff, Ernest Lee Stuvens, was a resident of "North Charleston" residing at 311 32nd Stroot. UCC 098603 ^ <0 5 Cc. 5* That the dofendant, TJnion Carbide Corporation, also had a tank oar loading facility located adjacent to the residential area knovm as "North Charleston." 6. For the ontire time that the plaintiff was a resident of "Worth 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 knovm 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 "Worth Charleston." 8. That at all timoo mentioned herein, the said emissions constituted a nuisance. 9. That at all times mentioned horein, the defendants* acts wore wilfull, wanton, malicious, and in reckless disregard of the plaintiffs' rights and the rights of others. 10. That at all times mentioned horein, the emissions were a direct and proximate rermlt of the negligence of the defendants, which was 'joint, several, and concurrent. 11. As a direct and proximate result of the emissions of chemicals and residues of said chemicals, the plaintiff, Ernest Lee Stevens, contracted cancer. .i 12. That as a further consequence of the acts of the defendants as hereinabove doncribnd, the said plaintiff, Ernest Leo Stevens, has sustained! ucc 098604 9o 75: (a) Pain and suffering, past and future; and (b) nodical expenses, pant and future. 13. That the plaintiff, Carolyn Sue Stevens, is the wife of the plaintiff, Erneat bee Stevens, and that the plaintiff, Carolyn Suu Stevens, in said capacity, has, as a result of the acts of the defendants, sustained great and irreparahlo loss in tnat she will be deprived for the remainder of her life of the society, companionship, consortium and services of her husband. WHEREFORE, the plaintiff, Ernest lee Stovens, demands judguunt against the defendants for compensatory damages in th sum of Two Million Dollars ($2,000,000.00), and for punitiv damages in the sum of Two Million Dollars (92,000,000.00). WHEREFORE, the plaintiff, Carolyn Sue Stevens, demands judgment against the defendants for compensatory damages in the sum of Five Hundred Thousand Dollars (5500,000.00), and punitive damages in the auxa of Five Hundred Thousand Dollars (5500,000.00). Plaintiffs demand that this cause by tried by a jury. ERNEST LEE STEVENS and CAROLYN SUE STEVENS By Counsel 3- UCC 098605