Document DMKzorr3jJvorBVVVG9zKOVNO
SERVICE OF PROCESS . .iANSMITTAL FORM
1 C T srsrgMe|
orporaticn System The tion Trust Company
New Orleans, La.
June 7, 1991 (X) VIA FEDERAL EXPRESS
TO: B.D. KELLY SUPV SUPPORT SERVICES CONOCO INC., MCLEAN BUILDING RM 2030 600 NORTH DAIRY ASHFORD HOUSTON, TEXAS 77079
CT 158.36 LMC
RE: PROCESS SERVED IN LOUISIANA
FOR CONOCO INC. (NAME OF COMPANY)
ENCLOSED ARE COPIES OF LEGAL PROCESS THE ABOVE COMPANY AS FOLLOWS:
SERVED
UPON
DELAWARE (DOMESTIC) THE STATUTORY
AGENT
OF
1. TITLE OF ACTION:
DELLA GUILLORY, ET AL VS: INSURANCE COMPANY
OF NORTH AMERICA, ET AL TO: CONOCO, INC.
2. DOCUMENT(S) SERVED: CITATION, PETITION
3. COURT:
14TH JUDICIAL DISTRICT COURT, CALCASIEU
PARISH CASE NO. 91-3145
4. NATURE OF ACTION:
SUIT SEEKING EXEMPLARY DAMAGES IN AN AMOUNT
WHICH THE EVIDENCE MAY SHOW PROPER AT TIME OF TRIAL FOR WRONGFUL
DEATH OF DALLAS PLIRR GUILLORY ON FEBRUARY 4, 1985 AND LEONARD
DAVIS GUILLORY ON NOVEMBER 6, 1985 DUE TO EXPOSURE TO TOXIC AND
CARCINOGENIC CHEMICALS.
5. ON WHOM PROCESS WAS SERVED:
C T CORPORATION SYSTEM
NEW ORLEANS, LA.
6. DATE AND HOUR OF SERVICE:
June 7, 1991 AT 9:00 A.M.
7. APPEARANCE OR ANSWER DUE:
WITHIN 15 DAYS
8 . PLAINTIFF S ATTORNEY
9* REMARKS: DISCREPANCY IN COMPANY NAME
CALLED
WILLIAM B. BAGGETT BAGGETT, MCCALL & BURGESS P.O. DRAWER 7820 3006 COUNTRY CLUB ROAD LAKE CHARLES, LA. 70606-7820 (318) 478-8888
TO ATTENTION OF PROCESS SERVER.
received
JUN 1 0 1991
WILLIAM E. GORDON, JR.
KINDLY ACKNOWLEDGE RECEIPT BY SIGNING THE CARBON COPY AND RETURNING ITT0 --------
NEW ORLEANS, LA. 70130
DELIA GUILLORY, ET AL VS. NO INSURANCE COMPANY OF NORTH AMERICA, ET AL
FILED
14TH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU STATE OF LOUISIANA
PLAINTIFFS1 ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT:
Now into Court through undersigned counsel comes, DALLAS PLIRR GUILLORY (Deceased) LEONARD DAVIS GUILLORY (Deceased) joined by their wives, DELLA GUILLORY and HELEN BOGARD GUILLORY and their children, BARBARA J.MCMILLAN, DEBORAH L. GIOSELER, GLENN DON GUILLORY, JUDITH ANN CORMIER and REBECCA FAYE PERRONE, hereinafter referred to as Plaintiffs' beneficiaries, who respectfully represent that:
1 Made Defendants herein are the following:
1. BRIDGESTONE/FIRESTONE, INC. (The Firestone Tire & Rubber company), a corporation organized and existing under and by virtue of the laws of the State of Ohio, with an agent for service in the state of Louisiana, to-wit: c. T. Corporation Systems, 601 Poydras street, 17th Floor, New Orleans, Louisiana 70130.
2. CIT-CON OIL CORPORATION, a corporation organized and existing under and by virtue of the laws of the State of Delaware, with an agent for service in the state of Louisiana, to-wit: United States Corporation Company, 1101 American Bank Building, New Orleans, Louisiana 70130.
3. CONOCO, INC., (Sucessor to the continental Oil Company) a corporation organized and existing under and by virtue of the laws of the state of Delaware, with an agent for
service in the state of Louisiana, to-wit: c. T.
Corporation Systems, 601 Poydras Street, 17th Floor, New Orleans, Louisiana 70130.
4. OLIN CORPORATION, (Successor in interest to OLIN MATHIESON CHEMICAL CORPORATION), a corporation organized
and existing under and by virtue of the laws of the
State of Virginia, with an agent for service in the State of Louisiana, to-wit: C. T. Corporation Systemes, 601 Poydras Street, 17th Floor, New Orleans, Louisiana 70130.
MCD 000018505
RECEIVED
JUN 1 0 1991
WILLIAM E. GORDON, JR.
5. OXY OIL AND GAS U.S.A., INC., (Successor in interest to Cities Service Refining Corporation, Cities Service Oil Company, Citgo Petroleum Corporation, and Candian Oxy offshore Production Co, Cit-Con Oil Corportion.), a corporation organized and existing under and by virtue of the laws of the State of Delaware, with an agent for service in the State of Louisiana, to-wit: C. T. Corporation Systems, 601 Poydras Street, 17th Floor, New Orleans, Louisiana 70130.
6. PPG INDUSTRIES, INC., (Successor to Southern Alkalai Corporation, Columbia Southern Chemical Company, Pittsburgh Plate & Glass Company) a corporation organized and existing under and by the virtue of the laws of the State of Pennsylvania, with an agent for service in the State of Louisiana, to-wit: PrenticeHall Corporation Systems, 1006 Hibernia Bank Building, New Orleans, Louisiana 70112.
7. INSURANCE COMPANY OF NORTH AMERICA, is a foreign corporation licensed to do and doing business within the State of Louisiana and may be served through the Secretary of State, State of Louisiana.
8. LLOYDS of LONDON, is a foreign corporation licensed to do and doing business within the State of Louisiana and may be served through the Secretary of State, State of Louisiana.
9. HARTFORD ACCIDENT AND INDEMNITY COMPANY, is a foreign corporation licensed to do and doing business within the State of Louisiana and may be served through the Secretary of State, State of Louisiana.
10.
THE AETNA CASUALTY AND SURETY COMPANY, is a foreign corporation licensed to do and doing business within the State of Louisiana and may be served through the Secretary of State, State of Louisiana.
11.
THE TRAVELERS INDEMNITY COMPANY, is a foreign corporation licensed to do and doing business within the State of Louisiana and may be served through the Secretary of State, State of Louisiana.
2.
Under Louisiana Code of Civil Procedure Article 463, DELLA GUILLORY, BARBARA J. McMILLAN and DEBORAH L. GIOSELER, the
beneficiaries of DALLAS PLIRR GUILLORY and HELEN BOGARD GUILLORY,
GLENN DON GUILLORY, JUDITH ANN CORMIER and REBECCA FAYE PERRONE, the beneficiaries of LEONARD DAVIS GUILLORY (hereinafter referred
to as Plaintiffs* beneficiaries) are entitled to cumulate their causes of action and proceed against the Defendants in a single
lawsuit. Since both DALLAS PLIRR GUILLORY and LEONARD DAVIS
GUILLORY (hereinafter referred to as plaintiffs) were, prior to
their death, diagnosed as having Non-Hodgkins Lymphoma as a
result of their occupational exposure to various toxic and carcinogenic chemicals, including but not limited to benzene,
MCD 00001850ft
butadiene and ethylene oxide in the course of their employment at and/or with various contractors at various petrochemical complexes in or around Lake Charles, Calcasieu Parish, Louisiana, between the 1950's and 1980's, and since Plaintiffs contracted this disease as a result of their use and/or exposure to products prepared, manufactured, distributed, transported and/or used by the same defendants and as a result of the negligence of the same Executive Officers, Plaintiffs allege that a community of interest exists between them. Each cause of action is substantially the same and has arisen out of substantially the same transactions or occurences. The evidence in support of the claims is substantially the same. The defenses to each action are substantially identical. Plaintiffs beneficiaries have a common interest in the subject matter of this suit and its outcome.
3.
Each of the plaintiffs herein and their wives resided in Calcasieu Parish. Plaintiffs' beneficiaries did not discover that the blood disorder diseases and illnesses which killed their husbands and fathers were caused by their occupational exposure until within the year prior to and before the filing of this lawsuit.
4. Cit-Con oil Corporation, Conoco, Inc., Firestone Tire & Rubber Company, Oxy oil and Gas, U.S.A., Inc., olin Corporation, and PPG Industries, Inc., (and their predecessors) are and were corporations engaged in the business of oil and petrochemical production and/or marketing. In connection with their business, their corporations owned, operated, managed or controlled facilities in Calcasieu Parish.
5. INSURANCE COMPANY OF NORTH AMERICA and LLOYDS OF LONDON were the comprehensive general liability insurance carriers for CITIES SERVICE and its executive officers during the periods of time during which the plaintiffs were employed at the CITIES SERVICE COMPANY facility in Calcasieu Parish and are jointly and severally
000018507 tfCD
liable unto the plaintiffs for the damages they have sustained,
cities Service Company and its executive officers are sometimes
hereinafter referred to as Defendants.
6.
INSURANCE COMPANY OF NORTH AMERICA and LLOYDS OF LONDON were
the comprehensive general liability insurance carriers for CIT-CON
OIL CORPORATION and its executive officers during the periods of
time during which the plaintiffs were employed at CIT-CON OIL CORPORATION facility in Calcasieu Parish and are jointly and
severally liable unto the plaintiffs for the damages they have
sustained. Cit-Con Oil Corporation and its executive officers are
sometimes hereinafter referred to as Defendants.
7.
HARTFORD ACCIDENT AND INDEMNITY COMPANY was the comprehensive
general liability insurance carriers for CONOCO, INC./CONTINENTAL
and its executive officers during the periods of time during which
the plaintiffs were employed at the CONOCO, INC./CONTINENTAL
facility in Calcasieu Parish and are jointly and severally liable
unto the plaintiffs for the damages they have sustained. Conoco,
Inc. and its executive officers are sometimes hereinafter referred
to as Defendants.
8.
INSURANCE COMPANY OF NORTH AMERICA was the comprehensive
general liability insurance carriers for OLIN CORPORATION/OLIN
MATHIESON CHEMICAL CORPORATION and its executive officers during
the periods of time during which the plaintiffs were employed at
the OLIN MATHIESON facility in Calcasieu Parish and are jointly
and severally liable unto the plaintiffs for the damages they have
sustained. Olin Corporation and its executive officers are
sometimes hereinafter referred to as Defendants.
9.
INSURANCE COMPANY OF NORTH AMERICA, THE TRAVELERS INDEMNITY
COMPANY, THE ATENA CASUALTY AND SURETY COMPANY, and HARTFORD
ACCIDENT AND INDEMNITY COMPANY were the comprehensive general
liability insurance carriers for PPG INDUSTRIES, INC. and its MCD 000018500
executive officers during the periods of time during which the
plaintiffs were employed at the PPG INDUSTRIES, INC. facility in
Calcasieu Parish and are jointly and severally liable unto the
plaintiffs for the damages they have sustained. PPG Industries
and its executive officers are sometimes hereinafter referred to
as Defendants.
10.
Between the 1950's and 1980's, the Plaintiffs, while in the
course and scope of employment at and/or with various contractors
at Cities Service, Cit-Con Oil Corporation, Conoco, Inc.,
Firestone Tire & Rubber Company, Olin Corporation and PPG
Industries in or around Lake Charles, Calcasieu Parish, Louisiana,
occupationally exposed to various toxic carcinogenic chemicals,
including, but not limited to, benzene, butadiene, and ethylene
oxide. The exposure that occurred before September 1, 1976 was a
substantial contributing cause of the injuries, disease and
damages of Plaintiffs as described herein.
11.
As a result of such exposure, the Plaintiffs DALLAS PLIRR
GUILLORY and LEONARD DAVIS GUILLORY developed the disease
malignant lymphoma. This disease is incurable and progressive,
with resulting disability and excruciating pain.
.12
The Plaintiffs, sought the services of physicians in an
effort to cure or arrest the condition from which they are suffering, but to no avail. As a result of their exposure to
these carcinogenic chemicals, they lost their good health and
their permanently disabling condition continued to degenerate, and worsen, with virtually no hope of recovery.
13.
Plaintiffs suffered lost wages and/or loss of earning
capacity and were obligated to incur expenses amounting to a
considerable sum of money for medical and hospitalization care and
related expenses, all as set forth more fully below. 14.
MCD 000018509
On information and belief, the following executive officers
of the Cities Service's Refining Corp. and/or the Cities Service
Oil Company and/or the Citgo Petroleum Corporation (sometimes referred to hereinafter as Defendants with reference to duties and acts of negligence) are, and at all times pertinent to this lawsuit were, domiciled in the State of Louisiana: (Unless designated "address unknown")
a. H. R. Smith, Plant Manager, CITIES SERVICE COMPANY. b. Lou Mann, President, CITIES SERVICE COMPANY. c. George L. Mateer, Plant Manager, CITIES SERVICE COMPANY. d. Joseph S. Brindler, Plant Manager, CITIES SERVICE COMPANY. e. Bert Delaune, Safety Director, CITIES SERVICE COMPANY. f. W. H. Price, Vice President, CITIES SERVICE COMPANY. g. M. B. Carlton, Industrial Relations Manager, CITIES
SERVICE COMPANY h. Desmond Colvin, Safety Director, CITIES SERVICE COMPANY. i. Mark D. Wentz, Safety Director, CITIES SERVICE COMPANY. j. J. W. crookshank, Medical Director, CITIES service company. k. Gordon B. Wooster, Industrial Relations Manager, CITIES
SERVICE COMPANY. l. Dr. Veronica Yates, Medical Director, CITIES SERVICE
COMPANY, (Address Unknown). m. W. A. Neeley, Individual Relations Manager, CITIES SERVICE
COMPANY. n. Dr. J. W. Swafford, Medical Director, CITIES SERVICE
COMPANY. o. Other executive officers with the same duties and
negligence as alleged above, presently unknown but whose identities are subsequently discovered. Plaintiff will notify Defendants of their identities as they are determined.
15. On information and belief, the following executive officers of Cit-Con Oil Corporation are, and at all times pertinent to this lawsuit were, domiciled in the State of Louisiana: a. H. R. Smith, General Manager, CIT-CON OIL CORPORATION b. J. S. Brendler, General Manager, CIT-CON OIL CORPORATION
c. E. W. Midlam, Plant Manager, CIT-CON OIL CORPORATION d. R. T. Miller, Safety Engineer, CIT-CON OIL CORPORATION e. A. D. Grubb, Manager, CIT-CON OIL CORPORATION f. Mark D. Wentz, Safety Director, CIT-CON OIL CORPORATION
Hcq 00i85,,,
<95*- Bert Delaune, Safety Director, CIT-CON OIL CORPORATION
h. M. B. Carlton, Industrial Relations, CIT-CON OIL CORPORATION
i. G. B. Wooster, Industrial Relations, CIT-CON OIL CORPORATION
j * Dr. J. W. Crookshank, Medical Director, CIT-CON OIL CORPORATION
k. Dr. J. W. Swafford, Medical Director, CIT-CON OIL CORPORATION
1. 0. S. Johnson, Safety Engineer, CIT-CON OIL CORPORATION ra. Desmond Colvin, Safety Director, CIT-CON OIL CORPORATION
n. w. A. Neeley, Industrial Relations Manager, CIT-CON OIL CORPORATION
o* Bill Cocke, General Manager, CIT-CON OIL CORPORATION
P- F. M. "Jerry" Simpson, General Manager, CIT-CON OIL CORPORATION
q. Leo Haugen, General Manager, CIT-CON OIL CORPORATION
.r Elmer Johnson, Industrial Relations Manager, CIT-CON OIL
CORPORATION
.s Other executive officers with the same duties and
negligence as alleged below, presently unknown but whose identities may be subsequently discovered. Plaintiff will notify Defendants of their identities as they are determined."
VO
iH
On information and belief, the following executive officers of Conoco, Inc. and/or Continental Oil Company are, and at all times pertinent to this lawsuit were, domiciled in the state of Louisiana:
a. Paul Glover, Safety Superintendent, CONOCO, INC. b. Marvin Crowe, Safety Superintendent, CONOCO, INC.
c. Ray Barber, Safety Superintendent, CONOCO, INC.
d. Harry Martin, Safety Superintentent, CONOCO, INC.
e. Bill Wilson, Safety Superintendent, CONOCO, INC.
.f Luke Landry, Safety Inspector, CONOCO, INC. g- Ralph Carter, Safety Inspector, CONOCO, INC.
h. Ed Romero, Safety Inspector, CONOCO, INC.
.i John Lemire, Safety Inspector, CONOCO, INC.
j Bill Lewis, Safety Inspector, CONOCO, INC.
k. Sydney Pitts, Safety Director, CONOCO, INC. 1. Steve Ashby, Safety Director, CONOCO, INC.
m. Jim Phoenix, Plant Manager, CONOCO, INC.
n. Jack Jones, Plant Manager, CONOCO, INC.
N
C?
J?
o. Maurice Clark, Plant Manager, CONOCO, INC.
p. Jim Bateman, Plant Manager, CONOCO, INC.
q. Robert Rutlilt, Plant Manager, CONOCO, INC.
r. Bill Brown, Plant Manager, CONOCO, INC.
s. Kenny Andre, Plant Manager, CONOCO, INC.
t. George O'Brien, Plant Manager, CONOCO, INC.
u. Walter Miller, Plant Manager, CONOCO, INC.
v. Robert Lemkuhl, Plant Manager, CONOCO, INC.
w. Leon Vernon, Plant Manager, CONOCO, INC.
x. Other executive officers with the same duties and negligence as alleged above, presently unknown but whose identities are subsequently discovered. Plaintiff will notify Defendants of their identities as they are determined.
17.
On information and belief, the following executive officers of
the The Firestone Tire & Rubber Company Oil Company are, and at all
times pertinent to this lawsuit were domiciled as follows:
a. Paul A. Boley, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Calcasieu Parish, Louisiana.
b. Quentin Trahan, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Calcasieu Parish, Louisiana.
c. C. R. McBride, Jr., THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Calcasieu Parish, Louisiana.
d. B. M. Trahan, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Calcasieu Parish, Louisiana.
e. John C. Perrodin, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Calcasieu Parish, Louisiana.
f. Kirby W. Smith, THE FIRESTONE TIRE St RUBBER COMPANY and is a resident of Allen Parish, Louisiana.
g. Willard J. Drounette, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Calcasieu Parish, Louisiana.
h. Alvia-J. Menard, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Cameron Parish, Louisiana.
i. Leonard Burg, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Calcasieu Parish, Louisiana.
j. S. L. Asby, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Rayburn, Texas.
k. Howard W. Kane, THE FIRESTONE TIRE & RUBBER COMPANY and is a
resident of Michigan.
l. Robert W. Rice, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Roanoke, Virginia.
m. John C. Utley, THE FIRESTONE TIRE & RUBBER COMPANY and is a resident of Beaumont, Texas.
MCD 000018512
n. Charlie Hinds, THE FIRESTONE TIRE & RUBBER COMPANY.
o. John Woods, THE FIRESTONE TIRE & RUBBER COMPANY.
p. Other executive officers with the same duties and negligence as alleged below, presently unknown but whose identities may be subsequently discovered. Plaintiff will notify Defendants of their identities as they are determined.
18.
On information and belief, the following executive officers of the Olin Corporation (Olin Mathieson Chemical Corporation) are, and
at all times pertinent to this lawsuit were, domiciled in the State of Louisiana;
a. Steve Cupach, OLIN CORPORATION (OLIN-MATHIESON CHEMICAL CORPORATION)
b. J. R. Nicholason, OLIN CORPORATION (OLIN-MATHIESON CHEMICAL CORPORATION)
c. Jack Dorgan, OLIN CORPORATION (OLIN-MATHIESON CHEMICAL CORPORATION)
d. Charles Hightower, OLIN CORPORATION (OLIN-MATHIESON CHEMICAL CORPORATION)
e. Fred R. Talbot, OLIN CORPORATION (OLIN-MATHIESON CHEMICAL CORPORATION)
f. A1 Thompson, OLIN CORPORATION (OLIN-MATHIESON CHEMICAL CORPORATION)
g. Bruce Hill, OLIN CORPROATION (OLIN-MATHIESON CHEMICAL CORPORATION)
h. E. A. Revelle, OLIN CORPORATION (OLIN-MATHIESON CHEMCIAL CORPORATION)
i. Elmer Goeltman, OLIN CORPORATION (OLIN-MATHIESON CHEMICAL CORPORATION)
j. Other executive officers with the same duties and negligence as alleged above, presently unknown but whose identities are subsequently discovered. Plaintiff will notify Defendants of their identities as they are determined.
19.
On information and belief, the following executive officers of
PPG Industries, Inc. are, and at all times pertinent to this lawsuit
were, domiciled in the State of Louisiana:
a. Alvin T. Raetzsch, Plant Manager, PPG INDUSTRIES, INC.
b. C. K. Ballard, Plant Manager, PPG INDUSTRIES, INC.
c. J. Murry Davis, Director of Safety, PPG INDUSTRIES, INC.
MCD 000018513
d. Joseph Earl Morrison, Safety Director, PPG INDUSTRIES, INC.
e. Howard W. Nelson, Safety Director, PPG INDUSTRIES, INC.
f. Albert McRae, Jr., Safety Director, PPG INDUSTRIES, INC.
g. Paul Russell, Safety Coordinator, PPG INDUSTRIES, INC.
h. Dr. Joseph Lovejoy, Company doctor, PPG INDUSTRIES, INC.
i. Robert E. Mccorquodale, Don Savoy, Oris Young, Joseph Lester Duhon, Loyal Wayne Carter, Wilmer B. Graybill, Dewey L. Duncan, Olyndia L. Comeans, PPG INDUSTRIES, INC.
j. Dr. Lee Grant (nonresident), Medical Director, PPG INDUSTRIES, INC.
k. Dr. Clark Underwood (nonresident), Director of Safety Security and Loss Prevention,PPG INDUSTRIES, INC.
l. Donald J. Sherbondy (nonresident), Vice President of Employee Relations, PPG INDUSTRIES, INC.
m. Tim Cullens (nonresident), Director of Personnel Administration, PPG INDUSTRIES, INC.
n. Joseph Morrison (nonresident), Assistant Manager for Safety, PPG INDUSTRIES, INC.
o. Charles Cheisler (nonresident), Senior Safety Engineer, PPG INDUSTRIES, INC.
p. Bob E. Sourwind (nonresident), Manager of Safety and Loss Prevention, PPG INDUSTRIES, INC.
q. James T. Destefano (nonresident), Director of Safety, Health and Envirnomental Affairs, PPG INDUSTRIES, INC.
r. Robert Rubino (nonresident), Director of Research, PPG INDUSTRIES, INC.
s. Robert K. Rolf (nonresident), Manager of Human Affairs, PPG INDUSTRIES, INC.
t. Mr. Underwood and Mr. Ruddick (nonresidents), Corporate Directors of Safety, PPG INDUSTRIES, INC.
u. Other executive officers with the same duties and negligence as alleged above, presently unknown but whose identities are subsequently discovered. SiaiRl^flr1iit883siSd?afendants of their ^entities
.20
On information and belief, Cities Service, Cit-Con oil
Corporation, Conoco, Inc. Firestone Tire & Rubber Company, Olin
Corporation and PPG Industries delegated to the executive officers
named above their responsibility to provide Plaintiffs with proper
planning, supervision, safety instruction, warnings concerning
hazardous conditions in the workplace, and generally with a safe
place to work. Alternatively, these executive officers actually
000018&14 MCL
undertook to provide such operational planning, supervision,
instruction and warnings. Plaintiffs specifically allege that the
executive officers and/or supervisory employees named above had, the
following responsibilities delegated to them by their employers, or
actually undertook to perform the following duties:
a. To provide the planning, inspection, approval and supervision of the work of Plaintiff, and their co-employees?
b. To see that proper safety rules were adopted, promulgated, and enforced as concerned the use of appropriate safety equipment and procedures ?
c. To see that Plaintiffs and their co-employees performed the duties pertaining to their work in a proper, safe, and workman like manner;
d. To see that Plaintiffs and their co-employees used safe and sound principles and practice in his work.
e. To test the Paintiff's work environment for the presence of hazardous chemicals?
f. To make health and hygiene decisions on any and all questions regarding safety, industrial hygiene, industrial medicine, and the formulation and implimentation of safety, industrial hygiene, and industrial medicine programs and the use of protective devices;
g. To keep abreast of state of the art knowledge as it pertains to hazardous chemicals, safety, and Industrial Hygiene?
h. To provide adequate warnings, instructions, physical examinations, safety equipment, ventilation, and breathing apparatus, where such were necessary in order to prevent Plaintiffs from being harmed by exposure to pollution in the environment in which he was required to work?
i. To make certain that employees including Plaintiffs were provided a safe working environment and/or a safe place to work;
j. To comply with applicable State and Federal regulations regulating workplace exposure (including, but not limited to, those regulations promulgated by the U. s. Department of Labor pursuant to the Walsh-Healy Public Contracts Act and the Occupational Safety and Health Act);
k. To provide Plaintiffs with a safe place to work by
the formulation of policies and adoption of plans for all phases of accident and injury prevention.
00^>6i6 00
21.
Plaintiffs* beneficiaries allege that not only did the aforesaid executive officers have the duties and responsibilities set forth in paragraph "20" above, but that in fact said executive officers did actually undertake on an operational basis to perform said duties and fulfill said responsibilities and they negligently failed to carry out those undertakings and assumed duties in the manner particularly stated in paragraph M22" hereinafter.
22 .
On information and belief, the above-named executive officers negligently failed in the performance of their delegated responsibilities and actual undertakings to provide Plaintiffs with a safe place to work in the following particulars:
a) Failing to test, or adequately test, the Plaintiffs' work environment for the presence of hazardous chemicals;
b) Failing to provide periodic medical examinations for Plaintiffs;
c) Failing to properly ventilate the areas in which Plaintiffs were required to work;
d) Failing to provide proper safety appliances to Plaintiffs;
e) Failing to formulate policies and adopt plans, procedures, and supervision necessary for the adequate protection of Plaintiffs;
f) Failing to warn Plaintiffs of the dangers and/or risks posed by the polluted atmosphere in which they were required to work;
g) Failing to enforce applicable safety rules after such rules were actually adopted;
h) Failing to keep abreast of the scientific and engineering knowledge regarding the dangers of, and protection against, occupational exposure;
i) Failing to properly supervise operations;
j) Commencing and continuing operations which were under their control and supervision when they knew or should have knows that such operations would cause Plaintiffs and their co-employees to be exposed to the polluted atmosphere, without protection, on a daily basis;
k) Failing to abide by applicable state and federal regulations regulating work place exposure
x
(including, but not limited to, those
regulations promulgated by the U.S. Department of Labor pursuant to the Walsh-Healy Public Contracts
Act and to the Occupational Safety and Health Act);
^
qcN9 o
1) other acts of negligence which may be discovered subsequent to the filing of this lawsuit and/or proven at trial.
23.
The negligence of the above-named executive officers
contributed in causing damages to said Plaintiffs.
24.
Cities Service, Cit-Con, Conoco, Inc., Firestone Tire & Rubber Plant, Olin Corporation and PPG Industries, through their executive
officers named above, collectively referred to as defendants hereinafter, knew, or should have known, that the chemicals they
prepared, manufactured, distributed, transported and/or used were
deleterious, poisonous, carcinogenic, and highly harmful to the body
and health of Plaintiffs. Notwithstanding this, Defendants with conscious indifference to the well-being of the Plaintiffs, failed
to take even the slighest care, failed to take any reasonable
precautions, or to warn Plaintiffs of the danger and harm to which
he was exposed while handling said chemicals.
25.
Defendants knew, or should have known, that said chemicals,
including, benzene, butadiene and ethylene oxide, were deleterious,
poisonous, carcinogenic, and highly harmful to the Plaintiff's body
and health, and that the Plaintiffs would not know of these
dangerous properties.
Notwithstanding this, Defendants, with
conscious indifference to the well-being of the Plaintiffs, wholly failed and omitted to provide the Plaintiffs with sufficient
knowledge as to what would be reasonably safe, with sufficient
wearing apparel and proper protective equipment, or with appliances to protect themselves from being poisoned and injured by exposure to
such chemicals.
26. Defendants knew, or should have known, that said chemicals,
including benzene, butadiene and ethylene oxide, were deleterious,
poisonous, carcinogenic, and highly harmful to the Plaintiff's body
and health.
Notwithstanding this, Defendants, with conscious
indifference to the well-being of the Plaintiffs, manufactured, processed and/or used these chemicals so that in their ordinary
MCD OOOOlflfii
handling, the Plaintiffs would come into contact with and would be
injured by these deleterious and highly harmful carcinogenic
compounds.
27.
Defendants knew, or should have known, that said chemicals,
including benzene, butadiene and ethylene oxide, were deleterious,
poisonous, carcinogenic and highly harmful to the Plaintiff's body
and health.
Notwithstanding this, Defendants with conscious
indifference to the well-being of the Plaintiffs, wholly failed to
take even the slighest care to warn Plaintiffs of said danger and/or
to instruct them in the proper handling of said chemicals or to take
any care to protect the Plaintiffs from harm and wholly failed to take the slighest care to adopt and enforce a safe plan and method
of handling or working near said chemicals.
2B .
Defendants, with conscious indifference to the well-being of
the Plaintiffs, failed to take even the slighest of care in
discharging its duty to examine available research material,
compiled by experts, pertaining to the safe or dangerous nature of
said chemicals and act thereon to render there use and handling by
Cities Service, Cit-Con, Conoco, Inc., Firestone Tire & Rubber
Company, Olin Corporation and PPG employees, including the
Plaintiffs, as safe as could reasonably have been done under the
circumstances prior to subjecting Plaintiffs to exposure thereto.
29. Plaintiffs' beneficiaries would further show that at all
material times said Defendants were fully aware of their chemicals
emissions and that said Defendants released these toxic chemicals
into the ambient air, knowing that such contaminants would be
inhaled by persons, such as the Plaintiffs. Plaintiffs would show
that Defendants knew, actually or constructively, or should have
known, that its chemicals have the potential for causing cancer and
other chronic disease that could result in death or serious bodily
disease. A substantial portion of such emissions were unnecessary,
and therefore, such emissions could have been substantially reduced,
thereby reducing the Plaintiff's injuries and damages, including the
resulting disease, malignant lymphoma.
MCD 000018518
30 .
Plaintiffs' beneficiaries would further show that the
Defendants are jointly and severally liable for the bodily harm of
which such emissions are a producing or proximate cause. Plaintiffs
would moreover show that the aforesaid disease-causing contaminants
contained in such chemicals constituted abnormally hazardous
substances and ultra-hazardous substances and were unreasonably
dangerous per se.
31.
Plaintiffs' beneficiaries would further show that the
Defendants were negligent in failing to warn Plaintiffs and those similarly situated, of the release of these carcinogenic chemicals,
including, but not limited to, the chemicals, benzene, butadiene,
ethylene oxide, and various other toxic and carcinogenic chemicals.
Defendants had a duty to warn Plaintiffs of the presence of the
toxicological properties of said noxious materials.
32.
Defendants were also negligent in their failure to test the
environment to establish the concentration of these toxic and
carcinogenic chemicals in the breathing zone of Plaintiffs and
others similarly situated, as an invitee to the plant. The
Defendants had a duty to provide a safe working environment for the
Plaintiffs.
THEORY OP RECOVERY AGAINST CITIES SERVICE/ CIT-CON OIL CORPORATION, CONOCO, INC., FIRESTONE TIRE & RUBBER COMPANY, OLIN CORPORATION AND PPG INDUSTRIES, INC.
AND THEIR INSURERS FOR STRICT LIABILITY AND NEGLIGENCE 33.
At various times between the 1950's and 1980's, in addition to the work described in the preceding portion of this petition relating to executive officers, Plaintiffs performed "construction"
work for various contractors at the facilities of certain plants and
refineries located in the Lake Charles area (hereinafter referred to as "premises") including the Cities Service Refinery, Cit-Con oil Refinery, the Continental Refinery, the Firestone Plant, the Olin
MCD 0018619
Refinery and the PPG Plant (all hereinafter referred to collectively
as "companies'1) .
This work included new construction, major
renovation and other work which was not part of the trade business
or occupation of the above-named companies. During the course of
this work, he was exposed to various toxic carcinogenic chemicals,
including but not limited to benzene, butadiene and ethylene oxide,
all of which were within the care, custody, and control of the above
named companies and located on their respective premises in Calcasieu Parish, Louisiana.
34 .
Plaintiffs' beneficiaries specifically allege that these
premises were defective and that the presence of these dangerous and
toxic chemicals posed an unreasonable risk of injury to Plaintiffs
and others required to work in this environment, which was within
the care, custody, and control of the above-named companies and that
Plaintiffs' exposure to said dangerous and toxic chemicals on these
premises contributed in causing his injuries and plaintiffs damages.
DAMAGES SUSTAINED BY DECEDANTS' WIVES AND CHILDREN 35.
The Plaintiffs' wives, DELLA GUILLORY and HELEN BOGARD GUILLORY and children, BARBARA J. McMILLAN, DEBORAH L. GIOSELER, GLENN DON GUILLORY, JUDITH ANN CORMIER and REBECCA FAYE PERRONE, join in their husbands' and fathers' cause of action and, with the exception of allegations pertaining to the liability of the executive officers named above, specifically incorporate all of the allegations as herein set forth and assert their individual cause of action for loss of consortium and mental anguish. Plaintiffs' wives and children would show the Court that consortium is the mutual right of a husband and wife to that affection, solace, comfort, companionship, society, assistance, and sexual relations necessary to a successful marriage, for which elements of damage Plaintiffs' wives and children would show that they are each entitled to and herein seek to recover from the Defendants. Plaintiffs' wives and
O'*'0166*'
children have also sustained mental anguish both prior to and after plaintiffs' death. Additionally Plaintiffs' wives and children are entitled to recover damages sustained as a result of their own tremendous grief, anguish, mental distress and loss of the love and affection of their husbands and fathers as a result of the diseases contracted by their husbands and fathers for which they are entitled to damages.
36. As a direct and proximate result of the Defendants' fault as described above Plaintiffs' wives and children have sustained injury and damage as above set forth in an amount which the evidence may show proper at time of trial, for which amount they herein request this Honorable Court award them sole and separate property.
SURVIVAL ACTION 37.
On or about February 4, 1985, DALLAS PLIRR GUILLORY died as a result of the injuries complained of in this lawsuit, after having been diagnosed with malignant lymphoma.
38. DELLA GUILLORY domiciled in Calcasieu Parish, Louisiana, BARBARA J. McMILLAN domiciled in Craig, Colorado and DEBORAH L. GIOSELER domiciled in Henderson, Texas are the wife and children of the late DALLAS PLIRR GUILLORY and his wife, DELLA GUILLORY. DALLAS PLIRR GUILLORY has no other children other than the Plaintiffs to this lawsuit and was married at the time of his death to DELLA GUILLORY. Decedent's beneficiaries bring this suit pursuant to the provisions of the Louisiana Civil Code Article 2315, as the surviving wife and children of DALLAS PLIRR GUILLORY.
39.
,On or about November 6 1985, LEONARD DAVIS GUILLORY died as a
result of the injuries complained of in this lawsuit, after having been diagnosed with malignant lymphoma.
0000.Ve> .cP
40.
HELEN BOGARD GUILLORY and JUDITH ANN CORMIER, domiciled in
Calcasieu Parish, Louisiana, GLENN DON GUILLORY and REBECCA FAYE
PERRONE domiciled in East Baton Rouge Parish, Louisiana, are the
wife and children of the late LEONARD DAVIS GUILLORY and his wife,
HELEN BOGARD GUILLORY. LEONARD DAVIS GUILLORY has no other children
other than the Plaintiffs to this lawsuit and was married at the
time of his death to HELEN BOGARD GUILLORY.
Decedent's
beneficiaries bring this suit pursuant to the provisions of the
Louisiana Civil Code Article 2315, as the surviving wife and
children of LEONARD DAVIS GUILLORY.
41.
By reason of the Defendants* fault, as described above, and
because of the injuries to Plaintiffs* health, resulting in their
disabilty and physical harm, DALLAS PLIRR GUILLORY and LEONARD DAVIS
GUILLORY would be entitled to damages for medical expenses,
disability (Including loss of earnings or earning capacity); and
physical and mental pain and suffering sustained prior to death in
an amount which the evidence may show proper at time of trial.
42. Pursuant to the provisions of Louisiana Civil Code Article 2315, the beneficiaries of DALLAS PLIRR GUILLORY and LEONARD DAVIS GUILLORY are entitled to recover the general and special damages sustained by their husbands and fathers prior to their deaths, as alleged in paragraph "41" and to exemplary damages, as alleged in paragraph "43" of this petition."
EXEMPLARY DAMAGES 43.
Under Article 2315.3 of Louisiana Civil Code, and in addition to general and special damages, Plaintiffs and Plaintiffs' beneficiaries are entitled to an award of exemplary damages since
sO' o,V
his injuries were caused by the Defendants* wanton, reckless, and intentional disregard for public safety in their storage, handling, and transportation of said chemicals, benzene, 1/3, butadiene, ethylene oxide, and various other toxic and carcinogenic chemicals, hazardous and toxic substances, as described above. They therefore request that exemplary damages in an amount which the evidence may show proper at the time of trial, be awarded to Plaintiffs and Plaintiff*s beneficiaries and against all of the Defendants, individually, jointly and solido.
WHEREFORE, Premises Considered, Plaintiffs and Plaintiffs' wives and Plaintiffs' beneficiaries, pray that the Defendants, and each of them, be cited to appear and answer herein as the law directs, and that upon final hearing hereof, DELLA GUILLORY, BARBARA J. MCMILLAN and DEBORAH L. GIOSELER recover of and from the Defendants, and each of them, individually, jointly and in solido, for each their damages as alleged in an amount which the evidence may show proper at time of trial, and that HELEN BOGARD GUILLORY, GLENN DON GUILLORY, JUDITH ANN CORMIER and REBECCA FAYE PERRONE, recover of and from the Defendants, and each of them, individually, jointly and in solido, for each their damages as alleged in an amount which the evidence may show proper at time of trial, together with costs, and legal interest from the date judicial demand until paid, and for such other and further relief, special and general, as law and equity may permit.
The beneficiaries of DALLAS PLIRR GUILLORY and LEONARD DAVIS GUILLORY further pray for Exemplary Damages against the Defendants, individually, jointly, and in solido in an amount which the evident may show proper at time of trial.
Respectfully submitted, BAGGETTrrMcC.ALL & BURGESS
WILLIAM B. BAGGETT P. 0. Drawer 7820 3006 Country Club Road Lake Charles, Louisiana
(318) 478-8888
70606-7820
3006 Country Club Road Lake Charles, Louisiana 70606-7820 (318) 478-8888
AND
LAW OFFICES OF HERSCHEL L. J. KEITH HYDE 2190 Harrison Beaumont, Texas 77701 (409) 838-6410
HOBSON
ATTORNEYS FOR PLAINTIFFS
A TXMi COPY .As<5 CHARLES, LOUISIANA
CalcoriM Pari*, UbWw*
NOTE TO CLERK PLEASE SERVE:
BRIDGESTONE/FIRESTONE, INC. through its agent C. T. Corporation Systems 601 Poydras Street, 17th Floor New Orleans, Louisiana 70130
CIT-CON OIL CORPORATION through their agent United States Corporation Company 1101 American Bank Building New Orleans, Louisiana 70130
CONOCO, INC. through its agent C. T. Corporation Systems 601 Poydras Street, 17th Floor New Orleans, Louisiana 70130
PPG INDUSTRIES, INC. through its agent: Prentice-Hall Corporation Systems 1006 Hibernia Bank Building New Orleans, Louisiana 70112
OLIN CORPORATION through its agent C. T. Corporation Systems 601 Poydras Street, 17th Floor New Orleans, Louisiana 70103
OXY OIL AND GAS U.S.A., INC. through its agent C. T. Corporation Systems 601 Poydras Street, 17th Floor New Orleans, Louisiana 70103
INSURANCE COMPANY OF NORTH AMERICA through the Secretary of State State of Louisiana Baton Rouge, Louisiana 70804-4125
LLOYDS OF LONDON through Mr. Thomas J. Quinn Mendes & Mount Three Park Avenue New York, New York 10016 Pursuant to the Long-Arm Statute
HARTFORD ACCIDENT AND INDEMNITY COMPANY through the Secretary of State State of Louisiana Baton Rouge, Louisiana 70804-4125
THE AETNA CASUALTY AND SURETY COMPANY through the Secretary of State State of Louisiana Baton Rouge, Louisiana 70804-4125
THE TRAVELERS INDEMNITY COMPANY through the Secretary of State State of Louisiana Baton Rouge, Louisiana 70804-4125
