Document K1bw6mjNmEjQL1kbkEy8BN02

SERVICE OF PROCESS TRANSMITTAL FORM Thf Coor|>oriJpn Trwi>,6ljCTSij>.s...jf C T CorpqJrraattljoh Syeten *pJ A#ecli^d Q^np^nJ** TO, Mr. B. J. Putzell. Jr._________ ' o/o Monsanto Chemical Company 800 N;"Lindbergh_______________ " St. Louis 66. Missouri ST, LOUIS MISSOURI tCHy) FEBRUARY 7. 1964 (Data) ( X ) VIA CERTIFIED MAIL ( ) VIA CERTIFIED AIR MAIL { ) VIA MESSENGER RE: PROCESS SERVED IN THE STATE OF _______ MISSOURI------------- FOR____________ ________ MONSANTO CHEMICAL COMPANY (Name of Company) ________________ DpI awar^ |Hom Sipt) Enclosed are copies of legal process served upon the statutory agent of the above company as follows; 1. Title of Action; THEODORS CZARNECKI VB. B. F. DRAKENFELD AND COMPANY and MONSANT CHEMICAL COMPANY 2. Document(s) Served. Summons and Petition 3. Court; circuit Court, Div.l, St. Louis, Missouri, N0062IO7 E 4. Nature of Actiorpiaj_ntiff prays Judgment against defendants and each of them in the sum of $45,000.00 and costs for alleged injuries caused by using 4-018 enamel in 487 oil as supplied by defendants while employed wit! International Bent Glass Company, Inc,, at.St. Louis, Missouri 5. On Whom Process was Served; c T CORPORATION SYSTEM, St. Louis, Missouri 6. Date and Hour of Service; February 27, 1964 at 11:00 a.m. 7. Appearance or Answer Due; 30 days after service, exclusive of day of service 8. Plaintiff's Attorney(s}, Gullfoil, Caruthers, Symington, Montrey & Daniel 434 Paul Brown Building St. Louis, Missouri 9. Remarks* KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING TO US THE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM. 7 Sionoci r T CORPORATION sYsSTTfM. ......... _____......... 0299685 Andress 314 North Broadway St, Louis. Missouri_____ 1-42 SOM St HARTOLDMON0095239 STATE OF MISSOURI ) S BB CITY OF ST. LOUIS ) Id rcs CIRCUIT COURT OF THE CITY OF ST, LOUIS STATE OF MISSOURI THEODORE CaftfiNBCKI, .) Plaintiff, V8- B.F. DRAKENFELD AND COMPANY, a corporation, 45 Park Place, New York 7, Haw York Serves Secretary of State, Jefferson City, Missouri, ` ' -and' MONSANTO CHEMICAL COMPANY, a corporation,. Serves C.T. Corporation Service, 314 North Broadway Saint Louis 2, Missouri, . Defendants, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I } ) ) ) Cause No. Division No. One ' PETITIOHCOUNT I Plaintiff, for his cause of action in Count I of this petition, states: 1. Defendant! B, f* Drafcenfeld and Company, (hereinaf ter called "Drakenfsltf") is and at all times hereinafter mentisi.cn corporation duly organized end existing 2, Defendant, Monsanto Chemical Company, (hereinafter called "Monsanto11} is and at all times hereinafter mentioned, 0299686 HARTOLDMON0095240 was a corporation organised and existing under the laws of the State of Delaware, having a registered agent and office in the City of St, Louie, State of Missouri, and having its principal place of business in the State of Missouri, 3. Defendant Drakenfeld is engaged in the business of manufacturing, preparing and distributing into the channels of trade paints and enamels, and among the various products so distributed by said defendant is an enamel known as 24-Q1B enamel in 4B7 oil, 4. Defendant Monsanto is engaged in the business of manufacturing and preparing chemicals, chemical products, oils and thinnera and distributing said products into the channels of trade, and among the various products so manufactured and distributed by said defendant is the product known as Aroclor 4465, 5. Defendant Drakenfeld prepares the aforesaid product 24-01$ enamel in 467 oil by combining various other materials with Monsantols product Aroclor 4465 6. At ell tinea hereinafter mentioned, both defendants herein did know t seiti products Would be heed by the ' p'liO 1 ic and would be handled, dealt with, touched iurnsa thereof would be inhaled by the public, and both de fendants placed said products in the channels of trade with euch knowledge and intention. 7. During the years 195$, 1959, 1960 end 1961r and until the month of Kay, 1962, defendant Drakenfeld contin uously supplied 24-018 enamel in 487 oil containing defendant Monsanto's Ardor 4465 to the International Bent Glass Company, '. - 2 - 02996*7 HARTOLDMON0095241 Inc.i in St. Louis, Missouri, and said product was used daily toy said latter company in the process of making its products. At all times during which 24-01B enamel in 4B7 oil was so used in the manufacturing processes of International Sent Glass Com pany, Inc., tooth defendants herein did impliedly warrant and represent that the products 24-013 enamel in 497 oil and Aro- clor 4465 were fit and safe fox such use 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 them, knew that said products would from time to time be heated or baked in ovens, and that use by the public of said products was likely to cause liver damage, skin eruptions, rashed acne, cysts and dermatitis of various kinds. 3. Plaintiff, beginning in the year 1938 and continu ing until the month of May, 1962, made use of 24-013 enamel in 487 oil, as supplied by defendants in his employment with International Bent Glass Company, Inc., at St. Louis, Missouri, and, in connection therewith, handled said product, touched same, and inhaled the fumes thereof, all in reliance on the skill and judgment and aforesaid warranty of both defendants, being wholly unaware of the toxic and dangerous qualities of such products. 9. During the year ,, after a period of use of said product, plaintiff began to suffer eruptions of plain tiff's skin over and about plaintiff's neck, shoulders, cheat, back, buttocks, face, e=.r& and eyelids| said areas became cov ered with comedonesj cysts, acne, infectious lesions, papules -3 - pie**** HARTOLDMON0095242 and a condition known as chlcracne? plaintiff's eyelids and periorbital skin became erythematous, edematous and scaly; plaintiff's liver became injured, damaged and diseased. Plain tiff continued to suffer these aforesaid conditions through, the period of time during which he used 24-01B enamel in 467 oil, still suffers the residual sffects of the same, and will suffer said residual effects permanently. 10. At various times throughout the period of time heretofore mentioned, diligent attempts were made by plaintiff, his employer. International Bent Glass Company, Inc., its re presentatives, and other employees similarly injured, and their representatives, to determine, discover and ascertain the nature, extent and causa of his disease and Injury through the use of various skilled, medical experts and specialists, but said medical experts and specialists were unable to determine, discover or ascertain the same. Curing the month of Hay, 1962, The Occupational Health Research and Training Facility , Divi sion of Occupational Health, Public Health Service, United States Department of Health, education and Welfare, as a result of an investigation conducted by its representatives in March, 1962, determined, discovered and ascertained for the first time that the direct and proximate cause of plaintiff's condi tion, aa heretofore alleged, was the use of defendant Drakenfeld'a 24-018 enamel in 487 oil, containing defendant Monsan to's Aroclor 4465, end communicated its finding to plaintiff in the month of May, 1962, thus constituting plaintiff's first knowledge of the direct and proximate cause of his condition, as heretofore alleged. - 4- 0299689 11. As a result of the aforesaid actions of defen dant Drakenfeld, said defendant has engaged in a continuous course of tortious conduct commencing in 2959 and not termina ting until May, 1565, and thus defendant Drakenfeld has com mitted a tort in whole or in part against the person of the plaintiff in the City of St. Louis, State of Missouri, after the effective date of V.A.M.S. 1949, Section 351.630, to-wit, October 13, 1961, and has thereby agreed that the Secretary of State of Missouri shall be its agent for the service of process, all as is provided in said V.A.M.S. 1949/ Section 351.630, 12. Plaintiff has become obligated for large sums of money for medical attention for the aforesaid conditions and will become obligated for additional such sums in the future in an amount not now ascertainable. WHEREFORE, the premises considered, plaintiff prays judgment against the defendants and each of them, on this Count 1 of the petition cnjPcarty*0?iv* Thousand Poller* (^45,000*00) and for hie coot** corar 11 Plaintiff for his cause of action in Count II of the 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. During the, yrSS8t 1959j WM >nd W6l( and until the month of May, 1962, defendant Drakenfeld contin- 5- uously supplied 24*016 enamel in 487 oil containing defendant Monsanto's Aroclor 4465 to the International Bent Glass Com pany, Inc., in St. Louis, Missouri, and said product was used daily by said latter company in the process of making its pro ducts. 3, Both defendants and each of them knew, or in the exercise of ordinary care should have known that said products, containing highly clorinated biphenyls and triphenyls, are, and for many years have been, known to be of a toxic and dan gerous nature in that they were reasonably likely to cause abnormal reactions, skin eruptions, rashes, liver damage, der matitis and diseases, and defendants and each of theca were under a duty to give an adequate warning of such dangers and risks to the public who used such products, but both defendants and each of them negligently breached said duty by failing and omitting to give an adequate warning of such dangers and risks. 4, Plaintiff restates and realleges each and every allegation of Paragraphs 8, 9 and 10 of Count I of this Peti tion. 5, Plaintiff was injured in the particulars alleged hereinabove in Count 1, Paragraph 9, and as herein realleged in Paragraph 4 of this Count, as a direct and proximate result of defendant's negligence ft* heretofore alleged* 6* Plaintiff restates and realleges each and every allegation oi ll and 12, Count 1 of this petition. Wri2RE?ohE, the premises considered, plaintiff preys judgment on this Count II of this petition against the defen- -6 0299041 I\ dants, and each of them, in the sum of Forty-Fiv Thousand Dol lars (45,000,00) and for hi* costa. OUILFOIL, CAftUTHERS, SYMINGTON MONTREY & DANIEL Paul Allred, Jr. 4!>4 Paul Brown Building Saint Louis 1, Missouri CHestnut 1-689D ATTORNEYS FOR PLAINTIFF -7- D2qa642 HARTOLDMON0095246 Puna Nt, H Circuit Court for the Gty of St, Louis State of Missouri rhcofiore czameokl Flalatifi.. B.F1, Drakenfeld and Company * a corporation et al *JSSJL Defendant...... The State of Missouri to Defendant.. SUMMONS Monsanto Chemical Company* a corporation You are hereby summoned to appear before the above'-n&med court and to Ale your pleading to the petition, copy of which ia attached hereto, and to serve a copy of your pleading upon.............. ..................... Gullfoll. Caruthers, Symington. tiontroy & Daniel ,, a, . , ......................... ........................................... ...................................................... attorney...... lor plaintiff , whose siaross I*.......... .............................................................................................................. ;........ ,............. all within 50 days after service of this summons upon you, exclusive of the day of sendee. If you fall to do so, judgment by default will be taken against you for the relief demanded in the petition. Dflt#d............................. 8$............ u, &mt (Seal of Circuit Court) By.I PHEUM OTOOLE... Circuit Claris Deputy Cleric. OZ99093 HART OLDMONOQ95247 RETURN ON SERVICE OF SUMMONS 1 hereby certify that I have served the within summons: (1) By delivering on the.................................. day ot...................................-.................................. . 19. a copy of the summons and a copy of the petition to each of the within-named defendant*...................... (2) By leaving on the....................................... day of............................... ......................................... . !9.. for each of the Within-named defendants.................. .............. ............................................................................ a copy of the eummo'ni find ft top? of the petition fltthl spUvi dwtiling place or usual place of abode of said defendants with some person of his or her family over the age of IS years; 13) By................................................................................................................................................................ All done in........................................................................... County* Missouri. Sheriffs fees: ...................................................................... Summons... | Non eat......... | Mileage......... | Sheriff of................................................. ................... County, Missouri. Total............ 4 B?...................................D...e..p..u..t.y...S...h..e..r..if.f............ DIRECTIONS TO SHERIFF A togj of tb* lunuAMii tad a copy of the petition roust he served en tssh d* fondant, Fee nethedt of service m til Gleiaea qC suits see See. 27 Civil Code, to" ii *g1f 1 1 8 i 0299694 HARTOLDMON0095248