Document 6RdXeNbn6zj0zozbMdMr0ybo3
FILE NAME Mundet Cork MCK
DATE 1961 DOC MCK137
DOCUMENT DESCRIPTION WC Claim of Faciane Pt 2
weep er
eee
Y
Corporation
Trust
Corporation Corporation Company
CT CT Corporation System
.
and Associated Companies .
~
. .
:
TO
The Picher Company
.
Attn
Mr. Richard Serviss Legal Dept.
American Building
Cincinnati 2 Onio
_
.
.
897
897
897 897
Cincinnati Ohio TO
City
State
March 27 Dete
1961
) VIA CERTIFIED MAIL
( x VIA MESSENGER
RE PROCESS SERVED IN THE STATE OF
Louisiana
_.
FOR_
|
|
The
Picher
Company
Name of Company and Home State
0010
Enclosed are copies of legal process served upon the statutory agent of the above company as follows
1. Title of Action Mrs. Gladys Faciane vs. The Travelers Insurance Company
-
Eagle Picher Company Inc. et ala
2. Document Served Citation petition supplemental and amended petition
3. Court 19th Judicial District Court Parish of E. Baton Rouge 77,004
4. Nature of Action Death action to recover 255,832.41 for widow and minor child
and 45,000.00 for major child account death Clarence A. F ciane Sr.
March 20 1960 allegedly due to failure to warn deceased of inherent
danger
- 5. On
Whom
in using
was
Profess
insulating material
Served
in
failing to furnish safeguards in
'
failing to furnish a safe
Louis B. Claverie Louisiana process agent
place to work
6. Date and Hour of Service
7. Appearance or Answer Due
Maren 23 1gol at 10:42 A. M.
i
Within 15 days
8. Plaintiff's Attorney
-
H. Alva Brumfield
205 American Baton Rouge
Bank La
Building
,
9. Remarks Trial by jury requested
.
KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND
CARBON COPY OF THIS TRANSMITTAL FORM
6/7 Signed
6/7
TO
US THE
ENCLOSED
16-27-61 16-27-61
11755AM 11755AM
;
Per
TH,
htt 441)
Address
Carew Tower
1211 Carew Tower )
NA 7-59-3014-1
woe
eee
cae
el IT ES
EmRsS. .
MRS
GLADYS
VS.
SHE THE TRAY INSURANCE INSURANCE
x0...7 100% 77,004
Judicial 19th
77,004 Court
19th Judicial Judicial District Court
PARISH OF BATON
corporation Company domiciled at
Inc. Inc.
domiciled at Marks,
TO TO Eagle
Charles corporation corporation Charles
Cincinnati Cincinnati through
Phelps Dunbar Sumter Sumter Marks
Louis Claverie Claverie Ashton
Jr, Jr.
Original and anended
7
Supplemental Supplemental Amended _ Supplemental Supplemental Amended
GREETING comply with demand
are comply You You are summoned summoned
, duly certified
the petition the
copies cause
numbered plaintiff plaintiff the above entitled
in the which hereto hereto
plaintiff or other pleading
herewith served served or your answer
attached and to and
at the City of Baton Rouge, the
Court Court Baid Parish
District Clerk of the the 19th
subject you to the
to comply herewith will
service hereof Your failure
days penalty fifteen days
20th entry default judgment against you
penalty of entry at Baton Rouge Louisiana
March Honorable Honorable Judges Judges our said Court
Witness
20th
day of of March
-__-1961 1961
sgd Nenie Falmer Falmer
;
Deputy Clerk Said Court Court
nome A TRUE
this
nome
March 20th 1961
vaims
vaims
vaims
{
Clerk Court Court Deputy
MRS GLADYS FACIANE VERSUS
THE TRAVELERS INSURANCE COMPANY
NUMBER 77,004
DIVISION C
19TH JUDICIAL DISTRICT COURT
PARISH OF EAST BATON ROUGE
STATE OF LOUISIANA
TO THE HONORABLE THE AND FOR THE PARISH OF
NINETEENTH
EAST BATON
JUDICIAL DISTRICT COURT WITHIN ROUGE STATE OF LOUISIANA
The petition of MRS GLADYS FACIANE a resident of the
full age of majority of East Baton Rouge Parish Louisiana with
respect represents
1
That she is the widow of Clarence A. Paciane Sr. who
died in East Baton Rouge Parish Louisiana on or about March 20
1960 leaving surviving him your petitioner and major children
r
2
That 1 THE TRAVELERS INSURANCE COMPANY is an insurance
corporation organized and existing under the laws of the State of
Connecticut domiciled at Hartford therein authorized to do
business in the State of Louisiana by having filed the proper
credentials with the Secretary of State and having appointed the
Secretary of State as its agent for service of process
ye
3
That for some time prior to September 1959 petitioner's
husband A. Clarence Paciane Sr. was employed by Armstrong Con-
tracting & Supply Corporation as an insulator in its general con-
struction work
ee
4
Your petitioner now shows that while engaged in the
duties of his employment and while installing insulating material
in accordance with the instructions of his employer the said Clarence A. Paciane Sr. breathed and inhaled insulation material
causing damage to his lungs which resulted in his death
5
Sr.
became
Petitioner further shows
ill in September of 1959
that the said Clarence A. Paciane
and on or about November 10
1959 was hospitalized at which time the lung ailment was discovered
and at that time his employer was notified
6
Petitioner particularly shows that the said Armstrong
Contracting &
in the course
Supply Corporation its agents exxtemrems of their employment
and employees acting
failed and refused to
supply and furnish safeguards for the use of Clarence A. Faciane
Sr. and failed to warn Clarence A. Faciane Sr. of the dangers inherent
in the work
the dangers
in assuring
which he
inherent
Clarence
was doing failed to make a full disclosure of
in such operation and were further negligent
A. Faciane Sr. that there were no dangers
inherent in such operation and by warranting that such operation
was safe one although the dangers were well known to them
7
That as a result of the negligence of defendant company
its agents and employees acting in the course and scope of their
employment the said Clarence A. Faciane Sr. received severe and fatal injuries consisting of damage to his lungs which caused
abrasions
|
to
his
lungs
.
and which
resulted
in his
death
8
Petitioner now itemizes her damages as follows wit
Medical expenses incurred
:
;
$ 5,000.00
Funeral expenses incurred
$ 2,000.00
Mental pain and anguish of deceased
50,000.00 50,000.00
Mental pain and Loss of support
anguish
of petitioner
7 50,000.00 50,000.00
50,000.00
$50,
Loss of love affection and companionship 50,000.00
9
In the alternative and in the event that petitioner is not -
entitled to damages for the wrongful death of her husband then and
in that event petitioner shows that she is entitled to workmen's
compensation benefits under the laws of the State of Louisiana
|
10
That Armstrong Contracting & Supply Corporation domiciled
in East Baton Rouge Parish Louisiana is engaged in the construct-
ion business particularly insulating work a hazardous business
within the meaning and intent of the Workmen's Compensation Laws of
the State of Louisiana
11
That petitioner's husband Clarence A. Faciane Sr. was
Contracting employed by said Armstrong
'
& Supply Corporation as an
insulator as hereinabove alleged a hazardous occupation at an
average weekly wage in excess of 100.00
|
12
Your petitioner further shows that the lung ailment was
an occupational disease or accidental injury within the meaning
and intent of the Workmen's Compensation Laws of the State of
Louisiana and
employment
arose
out of and
4
in
the
course
and
scope of his
13
Your petitioner further shows that the said employer or
compensation failed and its insurer has
refused
to pay workmen's
benefits necessitating the bringing of this suit
14
That on and prior to September
_.._., 1959 there was in
full force and effect by the payment of premiums and otherwise
policies of workmen's compensation insurance and public liability
insurance issued by defendant THE TRAVELERS INSURANCE COMPANY in
STATE OF LOUISIANA
PARISH OF EAST BATON ROUGE
BEFORE ME
the undersigned authority
.
personally came
and appeared
|
H. ALVA BRUMFIELD
who being sworn ^'ddeposed up SAID
That he is of counsel for petitioner in the foregoing petition that he has read the same and all allegations contained
therein are true and correct to the best of his knowledge infor-
mation and belief
/ Chars [Bsran Sat ct
SWORN TO AND SUBSCRIBED before me August 4 1960
? .
;
a
3/7 on S. Guding Guding
NOTARY PUBLIC
Guding
FILED
4
Kenie .
160 160
ISIGNED
Kenie 17.61 & TRUL
COPY
BY CLEAN
Enix
Valme
17.61 17.61
MRS GLADYS GLADYS FACH NE
.
VERSUS
THE VELERS IISURANCE CONENTY CONENTY
NUMBER 77,004
DIVISION C
19TH
JUDICIAL
.
DISTRICT
.
COURT
PIRISH PIRISH OF EST EATON ROUGE
STITE STITE OF LOUISIA
SUPPLEMENTAL SUPPLEMENTAL SUPLEMENTAL AIDARREND AR ENDEDEARRD ENDED PETITION
NON INTO COURT comes Mrs. Gladys Faciano plaintiff in the above entitled and numbered cause and with respect shows that she
desires to supplement and amend her original petition filed herein
in the following particulars wit
1
Your patitioner shows that of the marriage existing between
petitioner and decedent the following children were born namily
Clarence A. Faciane born July 30 1933
Tommy Paul Faciane born September 1 1930
Gary Phillip Faciano born August 9 1939
-
'
Linda Maric Faciano
ober born January 10 1941
Catherine Joan Faciane born March C 1942 and
Ronald Markel Facian born June 16 1943
and at the time of the death of the said Clarence Paciano the
minors Catherine Jean Faciane and Ronald Markel Fuciane were wholly
dependent upon their father for maintenance and support
2
That petitioner is the duly qualified and acting natural tutrix of the minors Catherine Jean Faciano and Ronald Mariel
Faciane
- 3
That Gary Phillip Faciane at the time of the death of the said Clarence .. Facian was a minor who is now a major and
comes herein to be made a party plaintiff
4
Your petitioner now Bhows that Aber Company Inc. is a
corporation organized and existing under the laws of the State of
Louisiana being domiciled at 5575 dams Avenue Baton Rouge
Louisiana with Charles E. Dunbar Jr. Sunter D. Marks Louis B.
Claverie and Ashton Phelps 420 Hibernia Building New Orleans
Louisiana as its agents for service of process
5
That M. \.. Kellogg Company is a corporation organized
and existing under the laws of the State of Delaware domiciled
at Dover therein authorized to do business in the State of
Louisiana by having filed the proper credentials with the Secretary
of State and having appointed H. Payne Breazeale Victor
S" achse
and Maurice J. Wilson as its agents for service of process
5
That & B Engineering ' Supply Company is a corporation organized and existing under the laws of the State of Texas
domiciled at Houston therein authorized to do business in the
State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed the C. T. Corporation
System 420 Hibernia Building New Orleans Louisiana as its
agents for service of process
1
That Manville Sales Corporation is a corporation
organized and existing under the laws of the State of New York
domiciled in New York City therein authorized to do business in the State of Louisiana by having filed the proper credentials
with the Secretary of State and having appointed II M. Robinson
of New Orleans Louisianaas its agent
for service of process
8
That Manville Products Corporation is a corporation
organized and existing under the laws of the State of New York
domiciled in New York City therein authorized to do business
in the State of Louisi^"ngby having filed the proper ~ credentials
with the Secretary of State and having appointed H. M. Robinson
of New Orleans Louisiana as its agent for service of process
9
That Owens Corning Piberglass Corporation is a corporation
organized and existing under the laws of the State of New York
being domiciled at 717 Fifth Avenue in New York City therein
actually doing business in the State of Louisiana but having failed
to appoint an agent for service of process
10
That The Ruberoid Company is a corporation organized and
existing under the laws of the State of New York being domiciled
at 502 Fifth Avenue New York City therein actually doing business
in the State of Louisiana
for service of process
but having failed to appoint an agent
11
That U. S. Rubber existing under the laws of
Company is a the State of
corporation organized and
New York domiciled at
New York City therein authorized to do business in the State of
Louisiana by having filed the proper credentials with the Secre-
tary of State and having appointed H. M. Robinson of New Orleans
Louisiana as its agent for service of process
12
That Philip Carey Manufacturing Company is a corporation
organized
domiciled
and existing under the
at Cincinnati therein
laws of the State of Ohio
authorized to do business in
the State of Louisiana by having filed the proper credentials
with the Secretary of State and having appointed C. T. Corporation
System of New Orleans Louisiana as its agent for service of
process 13
That Mundet Cork Corporation is a corporation organized
and existing under the laws of the State of New Jersey domiciled
at N. Borgen therein authorized to do business in the State of
Louisiana by
of State and
having having
filed the appointed
proper credentials Charles E. Dunbar
with
Jr.
the Secretary
Sumter D.
Marks Louis B. Claverie and shton Phelps as its registered agents for service of process
14
That Nicolet Industries Inc. is a corporation organized
and Existing under the laws of the State of Na Jersey being
domiciled at 1 Nicolet Avenue Florhan Park therein actually doing business in the State of Louisiana but having failed to appoint
an agent for service of process
15
That Glass Fibers Inc. is a corporation organized and
existing under the laws of the State of Ohio domiciled at 1808
Madison venue Toledo therein actually doing business in the
State of Louisiana but having failed to appoint an agent for
service of process
16
That Keasby & Mattison Company is a corporation organized
and existing under the laws of the State of Pennsylvania domiciled
at 1960 Butler Avenus Ambler Pennsylvania actually doing business
in the State of Louisiana but having failed to appoint an agent
for service of process
17
Baldwin That
Inc. is a corporation organ-
ized and existing under the laws of the State of New Jersey
domiciled at 1133 Breunig Trenton New Jersey actually doing
- business an agent
in the State of Louisiana but
|
for service of process
having
failed
to
appoint
18
ized
and
That Eagle Picher existing under the
Company Inc. is a corporation organ-
laws of the State of Ohio domiciled
at Cincinnati therein authorized to do business in the State of
Louisana by having filed the proper credentials with the Secretary
of State and having appointed Charles E. Dunbar Jr. Sumter D.
Marks agents
Jr. Louis B. Claveric and Ashton for service of process
Phelps
as
its
registered
|
19
That Arrowhead Products Inc. is a corporation organized
and existing under the laws of the State of California
domiciled at 2348 Curry Street Long Beach California
being actually
doing business in the State of Louisiana but having failed to
appoint an agent for service of process
20
That H. I. Thompson Fiber Glass Company is a corporation
organized and existing under the laws of the State of California
being domiciled at Cardova and Budlong Los Angeles California
actually doing business in the State of Louisiana but having ~
failed to appoint an agent for service of process
|
21
That Pittsburg Corning Corporation is a
corporation
organized domiciled
and existing at Pittsburg
under the laws of the State of Pennsylvania
therein authorized to do business in the
State .
of Louisiana by having filed the proper credentials with
the Secretary of State and having appointed C. T. Corporation
System as its agent for service of process
22
That Armstrong Contracting & Supply Corporation is a
foreign corporation organized and existing under the laws of
the State of Delaware domiciled at Wilmington therein authorized to do business in the State of Louisiana by having filed the proper
credentials with the Secretary of State and having appointed C. T.
Corporation System of New Orleans Louisiana as its agent for
service of process
23
That R. J. Reynolds Tobacco Company is a foreign corporation
organized and existing under the laws of the State of New Jersey
domiciled at Jersey City therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed Harry McCall and Leonard
Sarpy of New Orleans Louisiana as its agents for service of pro-
cess
24
That P. Lorillard Company is a corporation organized and
existing under the laws of the State of New Jersey domiciled at
Jersey City therein authorized to do business in the State of
Louisiana by having filed the proper credentials with the Secre-
tary of State and having appointed C. T. Corporation System of
New Orleans Louisiana as its agent for service of process :
a
. 25
Your petitioner now shows that during the years 1954 and
1955
dant
the decedent
Clarence A. Faciane was employed by defen-
|
Aber Insulation Company as an insulator
26
That during the said period of time the Aber Insulation
Company contracted for an installed insulation on the American
Cynamid Company Project in Orleans Parish Louisiana on which
job foam glass fiberglass and unibestos were used and the
said Clarence A. Faciane was required to install said insulation without the benefit of respirators or inhalators or other pro-
tective devices
27
That during the year 1956 the decedent was employed
by McCarthy & Branton as an insulator on the State Welfare Building Project in Baton Rouge Louisiana on which job vegetable cork Fiberglass and Foam Glass were used and the
said Clarence A. Faciane was required to install such insulation
without the benefit of respirators or other protective devices
28
That during the year 1957 the decedent was employed
by M. W. Kellogg & Company on a construction project at Esso Standard Oil Company in Baton Rouge Louisiana on which project
the said Clarence A. Faciane was required to install asbestos
foam ghss and fiberglass without the benefit of respirators or
other protective devices
29
That during the year 1958 the decedent was employed by defendant Armstrong Contracting & Supply Corporation on the
construction of Fidelity National Bank in Baton Rouge Louisiana
the Library Building in Baton Rouge Louisiana and during 1959
on the Grace Chemical Company Project in East Baton Rouge Parish
Louisiana
to install
on each of which jobs the said decedent was required
foam glass fiberglass asbestos and asbestos mud
without the benefit of respirators or other protective devices
30
That on and prior to the year 1931 the decedent smoked
Camel Cigarettes manufactured by defendant R. J. Reynolds
Tobacco Company and continued
continuously until on about
to smoke 1955
said
Camel
Cigarettes
31
That from about the year 1955 until the time of his
death on or about March 20 1960 the decedent smoked Kent
Cigarettes manufactured by defendant
32
P.
|
Lorillard &
Company
That the decedent switched to Kent Cigarettes because
of advertisements and assurances of safety and warranties that
that product was wholesome and was safer and less harmful than
the filter tip cigarettes
33 That the decedent became a confirmed tobacco addict
and was unable to stop smoking
34
Your petitioner now shows that the decedent Clarence
A. Faciane during 1955 became ill because of damage to his
lungs and internal organs and that his condition grew progress-
ively worse
until
his
death
on or
about March
.
20
35
1960
Your petitioners now show that the doctrine of res
ipsa
loquitur
is
applicable
to the
facts
herein
|
36
Your petitioner now shows that the death of the said
Clarence A. Paciane was caused by the negligence of the defendants
Aber Company Inc. M. W. Kellogg & Compay B & B Engineering &
Supply Company and Armstrong Contracting & Supply Corporation
in failing to warn the said Clarence A. Faciane of the danger
inherent in using the insulating material in failing to supply
and furnish safeguards for the use of the decedent in failing
to furnish the decedent with a safe place to work in giving
assurances of safety to the decedent and in failing to make a
full disclosure of dangers inherent in such operations
+ 37
Your petitioners now show that the death of the said
Clarence A. Paciane was further caused by the negligence of
the defendants Manville Sales Corporation Manville
Products Corporation Owens Corning Fiberglass Corporation
Ruberoid Company U. S. Rubber Company Philip Carey Manufact-
uring Company Mundet Cork Corporation Nicolet Industries Inc.
Glass Fibers Inc. Keasby & Mattison Company Baldwin
Hill Inc. Eagle Picher Company Inc. Arrowhead Products Inc.
H. I. Thompson Fiber Glass Company and Pittsburg Corning Corporation in failing to warn the decedent of the dangers
inherent in the products manufactured by them and used on the
jobs by the decedent in assuring the said Clarence A. Paciane
that there were no dangers inherent in said products in manu-
facturing the said products with the use of dangerous and
defective materials and in warranting the said products were
without defects or vices
38
That the death of the said Clarence A. Faciane was
further caused by the negligence of the defendants R. J. Reynolds Tobacco Company and P. Lorillard & Company in adver-
tising distributing and selling its tobacco and cigarettes
without warnings in giving assurances of safety in the selling advertising and distributing its tobacco and cigarettes
and in manufacturing processing mixing and using the in-
gredients and tobaccos which decedent smoked and in warranting
that its products were wholesome harmless and without defects or vices
39
That as a result of the negligence of the defendants
their agents and employees acting in the course and scope of
their employment said Clarence A. Paciane received severe and
fatal injuries consisting of damage to his lungs which caused abrasions thereto resulting in his death
40
Your petitioner Mrs. Gladys Faciane now itemizes her damages as follows wit
Medical expenses incurred
Our Dr.
Lady of
Richard
Lake Hospital $ Selser--
Dr. Dr.
Charles A. Beskin-- w<e--Albert McQuown-
2,007.41 410.00
265.00 150.00
Funeral Expenses- +$ 2,000.00
Mental pain and anguish of
.
deceased- ~~
.
50,000.00
Mental pain and anguish of
petitioner- L- L
50,000.00
Loss of support- 50,000.00 50,000.00
Loss of love affection and companionship-
50,000.00 50,000.00
or a total of 204,832.41
41
Petitioner Mrs. Gladys Faciane on behalf of the minor Catherine Jean Faciane itemizes her damages as follows
Mental pain and anguish deceased--
of
- 15,000.00
Mental pain and anguish of
;
- the minormoccese-
15,000.00
Loss of support 3 years - heteteteteteted 6,000.00
.
| Loss of love companionship
and guidance--
15,000.00
or a total of 51,000.00
42
Petitioner Mrs. Gladys Faciane on behalf of the
minor Ronald Markel Faciane itemizes his damages as
follows
Mental pain and anguish of 15,00 15,000 0.00 . 15,0 0000 .00
Mental pain and anguish of petitioner- 2
15,000.00
Loss of love companionship and guidance--
15,000.00 15,000.00
or a total of 45,000.00
44
are
not
In the alternative
entitled to damages
and
for
in the event
the wrongful
that petitioners death of the said
Clarence A. Faciane then and in that event they are entitled
to Workmen's Compensation Benefits under the laws of the State of Louisiana
45
That defendants Armstrong Contracting & Supply Corporation Aber Company M. W. Kellogg & Company and & B Engineering & Supply Company were each engaged in the construction business a hazardous business within the meaning and intent of the Workmen's Compensation Laws of the State
of Louisiana
46
That the decedent was employed by each of the said
defendants as an insulator a hazardous occupation at an
average weekly wage in excess of 100.00
47
Petitioners now show that they reiterate each and
~
every allegation of
as herein amended
the
original petition
|
filed herein
except
WHEREFORE petitioners pray that this supplemental
and amended petition be filed and allowed and that there be service and citation according to law and after all legal
delays and due proceedings had that there be judgment herein
in favor of petitioner Mrs. Gladys Faciane and against the
defendants Aber Company Inc. M. W. Kellogg & Company
B & B Engineering & Supply Company Armstrong Contracting &
Supply Corporation Travelers Insurance Company Manville
Sales Corporation Manville Products Corporation Owens
Corning Fiberglass Corporation Ruberoid Company U. S. Rubber
Company Philip Carey Manufacturing Company Mundet Cork
Corporation Nicolet Industries Inc. Glass Fibers Inc. Keasly & Mattison Company Baldwin Inc. Eagle Picher Company Inc. Arrowhead Products Inc. H. I. Thompson
Fiberglass Company Pittsburg Corning Corporation R. J.
Reynolds Tobacco Company and P. in the full sum of 204,832.41
Lorillard & Company
in
solido
|
and in favor of petitioner
Mrs. Gladys Faciane on behalf of the minor Ctherine Jean
Faciane and against the defendants in solido in the full
sum of 51,000.00 51,000.00 and in favor of petitioner Gary Phillip
Faciane and against defendants in solido in the full sum
of 45,000.00 together with legal interest on each of said
amounts from judicial demand until paid
In the alternative and in the event that petitioners
are not entitled to damages as herein prayed for then and in
that event petitioner Mrs. Gladys Faciane Individually and
for the use and benefit of the minors Catherine Jean Paciane
and Ronald Markel Faciane prays that there be judgment herein
in her favor and against the defendants Aber Company Inc.
M. W. Kellogg & Company B & B Engineering & Supply Company Armstrong Contracting & Supply Corporation and Travelers Insur-
ance Company in solido for Workmen's Compensation Benefits
at the rate of 35.00 per week beginning March 20 1960 and
continuing weekly thereafter for a period of 400 weeks to-_
gether with legal interest on each past due installment from its maturity date until paid and for funeral expenses in the
sum of 600.00 together with legal interest thereon from
judicial demand until paid
Petitioners further pray for all costs all necessary
orders general and equitable relief
By Attorneys
H. ALVA BRUMFIELD
VELMA P. GERDING ROBERT E. TURNER
BY
fld fld / . 205 American Bank
Bldg
Baton Rouge Louisiana
