Document 91zrERvVZwx9KQzmDVr4weK75

> r IJRL14428 UU'B, IIUTCIIINSO;:, C1IAPP31A., 70 SIP AVENUE JERSEY CITY. N. J. 0730* (201) 790-0400 ATTORNEYS FOR PLAINTIFFtS) IiVAK fc IiAI:rj.'s3 Plaintiff(s) uLW.JA ZZOTtT, /.dn.irictrr tr ij; ad prorcquenduui, etc., et r.l Defendant(s) vs. v;jrco z::z ' : c\l c\ , et m SUPEtf/Ofl COURT OF NEW JERSEY :j.u division county Docket No. >. :;sw-77 CIVIL ACTION Summons L . wJ i,.>UU.'..wwJi. ) > _ Iwlw.1 tE&e >tate of eb> 3Ter0ep, to t&e Sbobe ^amcb JDcfmbant(tf): yOU i4R7 HEREBY SUMMONED in a Civil Action in the Superior Court of New Jersey, instituted by the above named plaintiff(s), and required to serve upon the attomey(s) for the plaintifffs), whose nomr and office address appears above, an answer to the annexed complaint unthin , 10 days after the service of the summons and complaint upon you, exclusive of the day of service. If you fail to answer 01 appear in accordance with Rule 4:4-6, judgment by default may 6e rendered against you for the relief demanded tn the complaint. You shall promptly file your answer or appearance and proof of service thereof in duplicate ivith the Clerk of the Superior Court, State House Annex, Trenton, New Jersey 086S5, in accordance icith the rules of civil practice and procedure. Dated: A*r' \ Na vie of defendtint to be served: Address for sendee: *./ 19 ;< Lct;:f ..r. .Lv. iC * Clerk of the Superior Court iUhl'sr Co, tucL J?i.viFioij tt.c.-1 Cor.nect ` *vjt 31 -- N. J. SUMMONS -- SUKXIOK COURT NVSI IIIMM JWMI *M COPYRIGHTS 176* BY ALL-STATI LICAL SUPPLY CO MtSHEFFICLD STURT. MOUHTAINtlM. NJ OTORJ i^t A. t-i a! ij, WITH THE COURT. APR ? 1973 t'W LAMB, HUTCHINSON, CHAPPELL, RYAN L HARTUN^p^-^-^^- 70 Sip Avenue t4f,, HT*nc Jersey City, New Jersey 07306 (201) 798-0400 . . ., , _ . Assignment Judge, Bergen Counry HAPKFN<;tr'-' HAuKENSAC., N N. jJ. Attorneys for Plaintiffs --------------------------------------------------------- 5 MARIA SZORF, Administratrix ad prosequendum and General Administratrix) SUPERIOR COURT OF NEW JE iSE of the Estate of JOHN SZORF, and LAW DIVISION: BERGEN CO JNT ANNELLA BRIGGS, Administratrix ad ) DOCKET NO: prosequendum and General Administratrix of the Estate of LESLIE BRIGGS ) Plaintiffs ) CIVIL ACTION vs. ) WITCO CHEMICAL CO., CALCO CHEMICAL T) CO., THE HARSHAW CHEMICAL CO., {j EASTMAN CHEMICAL CO., B.F.GOODRICH, ) BAKELITE CORP., DIAMOND ALHALIC CO., STONEY"MUELLER CO., SHELL CHEMICAL ) CO., ENJOY CORP., AMERICAN CYANAMID CO., E.I. DuPONT, UNION CARBIDE CORP., ) COLUMBIAN CARBON CORP., ROHM fc HAAS, NUODEX PRODUCTS CO., ARGUS CHEMICAL, ) _U-S--RUBBER CQ.r BORDEN CHEMICAL CO., PFIZER CHEMICAL, MONSANTO CHEMICAL ) CO., MCKESSON & ROBBINS, AMERICAN HOESCHT, NATIONAL STARCH, INMONT ) CHEMICAL, GARDENER SURGICAL CO., MONMOUTH PAPER CO., AETNA CHEMICAL ) CO., LEO UHLFELDER CO., VENTRON CORP., DeGUSSA, INC., SUN CHEMICAL CO., ) IMPERIAL PAPER & COLOR CO., ALCAN METAL POWDERS, CIBA-GEIGY CORP., ) GENERAL ELECTRIC CORP., AMSCO DIVISION OF UNION OIL COMP. OF ) CALIF., ESSO STANDARD OIL, ALLIED CHEMICAL CO., COMMERCIAL SOLVENTS, ) NATIONAL AUTOMATIVE FIBRES, GLYCO PRODUCTS,, HERCULES, INC. ) RICHARD ROE CORPORATIONS, NUMBERS I THROUGH 100, VARIOUS MANUFACTURERS, ) DISTRIBUTORS AND SUPPLIERS OF OTHER PRODUCTS ) COMPLAINT O dga ^3> 'ji/A'J t - Defendants > > r Plaintiffs MARIA SZOKF, Administratrix ad prosequendum and General Administratrix of the Estate of John Szorf, residing at 49 DeWitt Street, Garfield, New Jersey and ANNELLA BRIGGS, Administratrix ad prosequendum and General Administratrix of the Estate of Leslie Briggs, residing at 21 Spring Garden lane, Garfield, New Jersey, says: FIRST COUNT 1. On or about 1963 through 1976 the decedent John Szorf was in the employ of Stauffer Chemical Co., Passaic, New Jersey. 7r% During that period of time the decedent was exposed to certain chemicals manufactured, supplied or delivered by the defendants, or each of them. 3. As a result of the exposure to certain chemicals at his place of employ, the decedent sustained devasting and permanent injuries, pain, emotional distress and disability and eventually death. As a result of this, his earning capacity was destroyed during his life until death. 4. The defendants, at times material to the Complaint herein, supplied and arranged for delivery to Stauffer Chemical Co. for use in its Passaic plant, certain chemicals including solvents, varnishes, lacquers, enamels, paints, vinyl solutions and other chemicals to be used by Stauffer Chemical Co. in the manufacturingand printing procedures carried out in its plant. URL 14430 5. The defendant, B.F. Goodrich Chemical Co., has its place of business at G100 Oak Tree Boulevard, Cleveland, Ohio and was the manufacturer, supplier or distributer of HYCAR-1432 (copolymer of Butadiene and Acrylonitnile). 6. The defendant Ventron Corp. has Its place of business at Congress Street, Beverly, Massachusetts and was the manufacturer, supplier or distributor of Vinyzsne BP-5 (10-10 Oxybisphenoxarsine) 7. The defendant E.I. DuPont has its place of business at 1007 Market Street, Wilmington, Delaware and was the manufacturer, supplier or distributor of RT-791 Red (Quinacridone R-915 White, RT-759 Red (Quinacridone), P-900 White, RT-790 Red (Quinacridone), ICY-7950 Medium Yellow, KY-789, KY-790 D Rim Yellow, BT-33D Blue, Green YT 562 D, Orange YE-421D. 8. The defendant, E.I. DuPont, Electric Chemical Div. has its place of business at 350 - 5th Avenue, New York, N.Y. and was tho manufacturer, supplier or distributor of Tetrahydrofuran, DHF - Dinethyl Fornamide Technical. 9* The defendant, E.I. DuPont has its place of business at the Empire State Building, New York, New York and was the manufacturer, supplier or distributor of Cyclohexanone (Ketones), Green GT 7100. 10. The defendant DoGussa, Inc. has its place of business at 2 Pennsylvania Avenue, New York, New York and was the URL 14431 manufacturer, supplier or distributor of Printex 140 (Carbon). 11. The defendant Stoney-Mueller Co, has its place of business at Page & Newark Avenues, Lyndhurst, New Jersey and was the manufacturer, supplier or distributor of Acetone (Ketones), Toluene (Aromatics C7H8), MK (Ketone), Cyclohexanone (Ketones), LZ 407 (Slo thinners) and M.I.B.K. (Ketone). 12. The defendant The Harshaw Chemical Co. has its place of business at 1945 Bast 97th Street, Cleveland, Ohio and was the manufacturer, supplier or distributor of 2502 Orange, 2702 Yellow, 2703 Yellow and Antimony Oxide. 13. The defendant The Harshaw Chemical Co. itas its place of business at South Side Avenue, Hastings-on-the Hudson, New York and was the manufacturer, supplier or distributor of Antimony Oxide KR-6TS. 14. The defendant Rohm fit Haas has its place of business at Independence Mall Vest, Philadelphia, Pennsylvania and was the manufacturer, supplier or distributor of Polyco A-101 (Acrylate polymer solution). 15. The defendant Calco Chemical Co. has its place of business at 43 Vest 38th Street, New Yor^., New York and was the manufacturer, supplier or distributor of Titanium, BNF 55-3750 (Copper phthalacyanine). Unitone OR-342, 15-3100 Green (Chlorinated copper phthalocyanine), Blue GT-55-3300* -4- URL 14432 16, The defendant Sun Chemical Co, has its place of 5S at 4526 Checkering Avenue, Cincinnati, Ohio and was the cturer, supplier or distributor of 264~S142 Green, 249-2365 17, The defendant Hercules, Inc, has its place of ess In Wilmington, Delaware and was the manufacturer, ier or distributor of Y-1937 Yellow (Chrome Yellow - lead mate lead sulfate), Y-1810 Yellow, * 18, The defendant imperial Paper & Color Co. has its e of business at 515 Madison Avenue, New York, New York and the manufacturer, supplier or distributor of Y-1937 Yellow *ome Yellowr - lead chromate lead sulfate), Y-1810 Yellow, 19, The defendant Union Carbide Corp* has its place of iness at 270 Park Avenue, New York, New York and was the ufacturer, supplier or distributor of VYNS (Vinyl Solution sins), VMCH, VYHH, M.X.B.K. (Ketone). 20, The defendant Bakelite Corp. has its place of ,. . siness at 1051 Bloomfield Avenue, Clifton, New Jersey and was te manufacturer, supplier or distributor of VYNS (Vinyl Solution :sins)B YMCH, VAGH, VYHH. 21, The defendant Alcan Metal Powders has its place of usiness at P.O. Box 290, Elizabeth, New Jersey and was the manufacturer, supplier or distributor of MD-3100 (Aluminum powder) , -5- to l 7tin i 22. The defendant Ciba-Geigy Corp. has its place of business at Saw Mill River Road, Ardsley, New York and was the manufacturer, supplier or distributor of 3RLT Yellow (Tetrachloroisoindolinone derivates), 2 GLT-Yellow (Tetrachloroisodolinone derivative> 23. The defendant Allied Chemical Co. has its place of business at 550 Belmont Avenue, Hawthorne, New Jersey and was the manufacturer, supplier or distributor of R-6500 Red, MV-6606 (Pigment Red 88), R-6258 (Pyrazolone Red). 24. The defendant Commercial Solvents has Its place of business at 196-202 Blanchard Street, Newark, New Jersey and was the manufacturer, supplier or distributor of Butyl Bactate. 25. The defendant National Automative Fibres has its place of business at 1851 East State Street, Trenton,New Jersey and was the manufacturer, supplier or distributor of Nidlyn 23. 26. The defendant Glyco Products has its place of business at the Empire State Building, New York, New York and was the manufacturer, supplier or distributor of Polyetheline Cyclo 400 (Mono Oleate). 27. The defendant Witco Chemical Co. has its place of business at 122 East 42nd Street,New York, New York and was the manufacturer, supplier or distributor of Polyetheline Cyclo 400 (Mono Oleate), Witcarb R. 28. The defendant B.F. Goodrich has its place of business at Harmon Color Division, Hawthorne, New Jersey and -6- r was the manufacturer, supplier or distributor of Red R-93, MB-11 Maroon, R-6258 (Pyrazolone Red), MV-6608 Maroon. 29. The defendant Diamond Alhalic Co* has its place of business at 99 Park Avenue, New York, New York and was the manufacturer, supplier or distributor of Uultiflex MM. 30. The defendant Shell Chemical Co. has its place of business at 10 Commerce Street, Newark, New Jersey and was the manufacturer, supplier or distributor of HEK (Ketone). 31. The defendant Enjoy Corp. has its place of business at 15 Nest 51st Street, New York, New York and was the _ manufacturer, supplier or distributor of MEK (Ketone). 32. The defendant American Cyanamid Co. has its place of business at Boundbrook, New Jersey and was the manufacturer, supplier or distributor of BNF-3754 Blue (Copper Phthalcocyanine), OR-580 Whits, BNF 55-3750 (Copper phthalacyanine), 15-3100 Green (Chlorinated copper phthalocyanlne), 55-340 Blue. 33. The defendant Columbian Carbon Corp., Color Division, has its place of business at 38 Madison Avenue, New York, New York and was the manufacturer, supplier or distributor of Lonimy Black. 34. The defendant Rohm fc Haas has its place of business in Oradell, New Jersey and was the manufacturer, supplier or distributor of Paraplex 6-62. 35* The defendant Nuodax Products Co., Division of Hayden Chemical Co. has its place of business at 342 Madison URL 14435 -7 (\ Avenue, New York, New York and was the manufacturer, supplier or distributor of Nuodex VT. 3S. T*he defendant Argus Chemical has its place of business at 633 Court Street, Brooklyn, New York and was the manufacturer, supplier or distributor of the chemical known as Hark M. 37. The defendant U.S. Rubber Co., Naugatuck Division, has its place of business at Naugatuck, Connecticut and was the manufacturer, supplier or distributor of Harvinol VR-10. 33. The defendant Pfizer Chemical has its place of business at 230 Brighton Road, Clifton, New Jersey and was the manufacturer, supplier or distributor of Purecal-U (Calcium Carbonate) 39. The defendant Monsanto Chemical Co. has its place of business at 445 Park Avenue, New York, New York and was the manufacturer, supplier or distributor of Santocal,Opalon 410 Resin, Santizer 624. ,, 40. 'The defendant McKesson & Robbins has its place of business at 160 Essex Avenue East, Avenel, New Jersey and was the manufacturer, supplier1' or distributor of Santocal, Santocel CX. 41. The defendant American Hoescht has its place of business at Route 202, 206 North, Somerville, New Jersey and was the manufacturer, supplier or distributor of OV 5983 Orange (Anthra Quionone). 42. The defendant B.F. Goodrich Chemical Co. has its place of business at 415 Madison Avenue, New York, New York and -8- f \ was tne manufacturer, supplier or distributor of Goon -121. 43. The defendant National Starch has its place of business at 10 Fiudern Avenue, Bridgewater, New Jersey and was the manufacturer,- supplier or distributor of Adhesive 72-1198. 44. The defendant Inmont Chemical has its place of business at 200 Gregg Street & Route 17, Lodi, New Jersey and was the manufacturer, supplier or distributor of E-17025 WAX, 45. The defendant Gardener Surgical Co. has its place of business at 3S2 Broadway, Brooklyn, New York and was the manufacturer, supplier or distributor of Protex Band Cream (Dupont) 46. The defendant Monmouth Paper Co. has its place of business at 506 Jersey Avenue, North Brunswick, New Jersey and was the manufacturer, supplier or distributor of Vise Old Owl Hand Soap Borax. 47. The defendant Leo Uhlfelder Co. has its place of business at 420 South Fulton, Mt. Vernon, New York and was the manufacturer, supplier or distributor of Aluminum Powder. 48. The defendant Aetna Chemical Co. has its place of business at Van Riper Avenue, Elmwood Park, New Jersey and was the manufacturer, supplier or distributor of Puracal-U. 49. The defendant General Electric Corp., Silicone Division, has its place of business at Waterford, New York and was the manufacturer, supplier or distributor of Silicone Oil SF-96. -9-- URL 14438 50, The defendant AMSCO Division, Union Oil Comp. o Calif, has its place of business at 3100 S. Meacham Road, Palatine, Illinois and was^the manufacturer, supplier or distributor of Lactol Spirits (Petroleum Hydro-carbon Fraction). 51. The defendant Esso Standard Oil has its place of business at North Broad Street, Elizabeth, New Jersey and was the manufacturer, supplier or distributor of Toluene (Aromatics C7H8). 52. The defendant Eastman Chemical Co. has its place of business at Kingsport, Tennessee and was the manufacturer, supplier or distributor of""Ha If -Second Butyrate (Cellulose Acetate Butyrate EAB-381), EAB-171-2 (Cellulose Acetate Butyrate EAB-171). 53. The defendant Borden Chemical Co. has its place of business at Peabody, Massachusetts and was the manufacturer, supplier or distributor of Polyco P-413. 54. The defendant Richard Roe Corporations, Numbers 1 through 100 were various manufacturers, suppliers or distributors of chemicals and other products used at the Stauffer Chemical Company during all times mentioned in the Complaint. 55. That at all times herein the duties of the decedent at the Stauffer Chemical Co, plant were such as to cause him to be exposed to certain chemicals as enumerated herein above. 56. That defendants, or each, of them negligently failed . to warn the plaintiffs of the dangers inherent in the intended -10- (v use ox their products and failed to give adequate warnings by label or otherwise as to the extent of the hazards implicit in thea use of their products. 57. That defendants or each of them negligently, carelessly and recklessly failed and omitted to instruct the Stauffer Chemical Co. of the necessary and adequate precautions and devices which were necessary to use the defendants products on a continuing basis, so as to avoid injury. 58. The defendants are strictly liable to the plaintiffs under the Doctrine of Strict Liability as it exists in New Jersey 59. The defendants breached various Warranties of fitness for a particular purpose to plaintiffs and to Stauffer Chemical Co. 60. The defendants breached various implied warranties, to plaintiffs and to Stauffer Chemical Co. 61. The defendants manufactured their products in a negligent manner. 62. By reason of the defendants1 negligence, carelessness and recklessness the decedents were caused to contract and suffei cancer. 63. As a result of the negligence of the defendants in their agents, servants or employees, the decedents were seriously injured as a result of which injuries decedents died. 64. As a result of the death of the decedents, next of -11- URL 14439 IJ B L 14440 c kin have lost large sums of money for which this action is brought. 65. This action is commenced within two years of the date of death of decedents* 66. This action is commenced pursuant to N.J.S.A. 2A:31-1. WHEREFORE, plaintiff Maria Szorf as Administratrix ad prosequendum of the Estate of John Szorf, deceased9 demands Judtment against the defendants, or each of them, for money, damages plus interest and costs of suit. ^ SECOND COUNT 1. The plaintiff, Maria Szorf, Administratrix ad prosequendum and General Administratrix of the Estate ox John Szorf, deceased, repeats the allegations of Paragraphs 1 through 56 of the First Count, as though more fully set forth herein. 2. As a result of the above negligent acts, the decedent was caused great pain and suffering and death. WHEREFORE, the plaintiff Maria Szorf, General Adminis tratrix of the Estate of John Szorf, deceased, demands Judgment against the defendants together with Interest and costs of suit. THIRD COUNT 1. On or about April 1956 through April 1976 the decedent, Leslie Briggs, was in the employ of Stauffer Chemical Co., Passaic, New Jersey URL 14441 cc 2. The plaintiff, Anne11a Briggs, Administratrix ad prosequendum and General Administratrix of the Estate of Leslie Briggs, deceased, repeats the allegations of Paragrapns 2 through 66 of the First Count as though more fully set forth herein. THEREFORE, plaintiff, Annella Briggs, as Administratrix ad prosequendum of the Estate of Leslie Briggs, deceased, demands Judgment against the defendants, or each of then, for mosey, damages plus interest and costs of suit. FOURTH COUNT _ 1. The plaintiff, Annella Briggs, Administratrix ad prosequendum and General Administratrix of the Estate of Leslie Briggs, deceased, repeats the allegations of Paragraphs 2 through 66 of the First Count and Paragraphs 1 and 2 of the Third Count, as though more fully set forth herein. 2. As a result of the above negligent acts the decedent -was caused great pain and suffering and death. THEREFORE, plaintiff, Annella Briggs, General Administratrix of the Estate of Leslie Briggs, deceased, demands damages against the defendants together with interest and costs of .suit. -13- URL 14442 c JURY PEM1XD The plaintiffs hereby demand a Trial by a Jury of 12 as to all issues* -14-