Document NYX1r1e6QraXEJyZnNZe5QOR

FILE NAME Manville JMA DATE 1961 DOC JMA309 DOCUMENT DESCRIPTION Claim File - Gladys Faciane STEPHEN M. RILEY EDWARD J. FOLEY PEPTEERTER C. C. SCHWARTZ JOHN J. REID JOHN H. JR GOODRICH R. BRADLEY WOLFE JON S. BERK CHESTER J. BUKOWSKJI R WILLIAM J. GALLITTO PHILIP J. O'CONNOR THOMAS P. BARRETT ROBERT J. O'BRIEN JULIE A.HARRIS GOR MUID R ANO D FON LEY ATTORNEYS AT LAW 39 LAFAYETTE STREET HARTFORD CONNECTICUT 06106 TELEPHONE 203 525-5381 WILLIAM S.GORDON JR 1946-1956 GEORGE MUIR 1939-1976 September 29 1982 Kathy Rogers Heller Ehrman White & Mcauliffe 44 Montgomery Street San Francisco CA 94194 Dear Ms. Rogers We have reviewed the exhibits both Picher Both sets appear to lack the interested in this office pages in which and you at Eagle were I am reluctant to inquire of amended complaint As you will copies from that firm plaintiff's counsel concerning the recall we initially obtained our It occurs to me that you may wish to seek to obtain a copy directly from the Louisiana Court In the event that you wish for us to initiate further inquiry please advise and we will move forward he truly yours mef PETER C. SCHWARTZ Page ID of Facine Travelers amended was complaint is missing I This complaint distributed distributed in connection with the m Knowledge Knowledge Schwortz Schwortz Schwortz Seminar Seminar on on 82 4-15 4-15 . I askaiskieed daskied askied if he had the missing missing page He does not have it . NOT NOT A M DOC | . er #Q MRS GLADYS FACIANE - . ,, ,, ,, ... ( - ; Land 3/23 Land Land 3/23 . No. 77,004 77,004 t 10 424 THE TRAV INSURANCE COMPANY 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Eagle Ficher Company Inc. a corporation domiciled at Cincinnati Ohio through Charles E. Dunbar Jr. Sumter D. Marks Jr. Louis B. Claverie and Ashton Phelps agents for service of process xesilny: GREETING Original and Supplemental and Amende You are hereby summoned to comply with the demand contained in the petitions the plaintiff in the above entitled and numbered cause # duly certified cops of which arg hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within will fifteen 15 days after service hereof Your failure to comply herewith subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana 20th day of March , 61 { sgd Nenie L. Palmer_ Deputy Clerk of Said Court -- -- -- ----, A TRUE COPY this March -- -- -- ------ , -- -- ----, -- -- -- ----, Deputy Clerk of een ee ad cows 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. Faciane Sr. who died in East Baton Rouge Parish 1960 leaving surviving him your . Louisiana petitioner on or about March 20 and major children 2 That 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 3 That for some time prior to September 1959 petitioner's es. husband Clarence Faciane Sr. was employed by Armstrong Con- ee an insulator in its general contracting & Supply Corporation struction work 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 inhaled insulation material Clarence A. Facian Sre. breathed and . ow at et . Coke * . vr. ss ry . . nd . . fy . oe C C ae . C . 8 tte Ss oe oy vee on 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. Faciane 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 & Supply Corporation its agents and employees acting in the course essiveoseme of their employment 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 inheren in the work which he was doing failed to make a full disclosure of . inherent in such operation and were further negligent the dangers in assuring Clarence 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 employees acting its agents and in the course and scope of their employment the said Clarence A. and fatal injuries consisting Faciane Sr. received severe damage to his lungs which caused abrasions to his lungs and which resulted in his death 8 : itemizes Petitioner now her damages as follows wit Medical expenses incurred Funeral expenses incurred Mental pain and anguish of deceased $ 5.000.00 $ 2,000.00 50,000.00 Mental pain and anguish of petitioner Loss Lin of support ed teen nation and companionship 50,000.00 50,000.00 50,000.00 50,000.00 g 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 compensation benefits under the laws of is entitled to workmen's the State of Louisiana 10 That Armstrong Contracting & Supply Corporation domiciled Louisiana in East Baton Rouge Parish 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 disease or accidental injury within the meaning an occupational and intent of the Workmen's Compensation Laws of the State of arose Louisiana and out of and in the course and scope of his employment . 13 Your petitioner further shows that the said employer or its insurer has failed and refused to pay workmen's compensation benefits necessitating the hringing 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 - 3) insurance issued by defendant THE TRAVELERS INSURANCE COMPANY in of the said Armstrong Contracting & Supply Corporation its favor , agents and employees under the terms of to insure and indemnify them against any which policies it and all liability agreed and under the workmen's compensation laws as a result of their negli- gence and accordingly said insurer is a proper defendand herein 15 Petitioner desires and is entitled to a trial by jury . on all issues for service and citation WHEREFORE petitioner prays of this petition upon the defendant and that it be duly cited to appear and answer hereto after all legal delays and due pro- and ceedings had there be judgment herein in favor of petitioner FACIAN~ MRS GLADYS and against defendant THE TRAVELERS INSURANCE COMPANY in the sum of 207,000.00 together with legal interest thereon from judicial demand until paid In the alternative and in the event that petitioner is as herein prayed for not entitled to the damages petitioner event herein in her prays for judgment defendant benefits at for workmen's compensation then and in that favor and against the rate of 35.00 week beginning September __t per 1959 and continuing weekly thereafter for a period of 400 weeks together with legal interest on each past due installmefn rotm its maturity installment date until paid and in the amount of 600.00 for funeral expenses together with legal interest thereon from Petitioner judicial demand until further prays for all paid costs and for all necessary orders and general and equitable relief By Attorneys bee ee d 5/75/7 bbees BRUMFIELD H. ALVA BRUMFIELD BRUMFIELD VELMA P. GERDING Building ..) ROBERT E. TURNER -~- 205 American Bank oe yy . OR 036 STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME the undersigned authority personally came and appeared H. ALVA BRUMFIELD who being sworn That he deposed sa SAID SAID is of counsel for petitioner in the foregoing petition that he has read the same therein are true true and correct to the and all best of allegations contained his knowledge infor- mation and belief L . SWORN TO AND SUBSCRIBED before me August 4 1960 NOTARY PUBLIC an -160 ISIGNED COPY OT CLERK CLERK 61 ' ' " r { teens Rinne es mo mE ee F e ere atedlem Sptecmros, . NRS GLADYS FACIANE VERSUS THE TRAVELERS INSURANCE COMPPITY MULIBER 77,004 DIVISION C 19TH JUDICIAL DISTRICT COURT PARISH OF EAST EATON ROUGE ' -STATE OF LOUISIAN SUPPLEMENTASUPPLLEMENTAL AND_MENDED AND_MENDED PETITION Facians NOW INTO COUNT comes Mrs. Gladys plaintiff in the above entitled and numbered cause and with respect shows that sho desires to supplement and amend her original petition filed herein in the following particulars wit 1 ; . shows that of the marriage existing between Your patitioner petitioner and decedent the following children were born namely Clarence A. Faciane born July 30 1933 Paul Facians born September 1 1938 Tommy Gary Phillip Fagiano born August 9 1939 Linda Marie Faciane Tuber Tuber born January 10 Catherine Jean Faciane born March 5 1942 Ronald Markel Facians born June 16 1943 1941 and and at the time of the minors Catherine Jean death of the said Clarence .. Faciano Faciane and Ronald larkel Fuciane were the wholly dependent upon their their father for maintenance and support . 20 tutrix That of the petitioner is the minors Catherine duly Jean qualified and acting natural Faciano and Ronald Mari r Faciane 7 the 3 said That Gary Phillip Paciane Clarence L. facians was a at the minor time of the death of who is now a major und comes herein to be made a party plaintiff 4 Your petitioner now shows corporation organized and wisting ved etaen Meine Jouiriled 5575 that Aber Company Inc. is t under the laws of the State of dams Avenue Baton Rouge Louisiana with Charles E. Dunbar Jr. Sumter D. Marks Louis E. 420 Claverie and Ashton Phelps Hibernia Building Hew Orleans Orleans Louisiana as its agents for service of process 5 . . That M. H. Kellogg Company is corporation organized and existing under the laws of the State of Delaware domiciled therein at Dover authorized to do business in the State of Louisiana by having of State and having filed the proper credentials with the Secretary appointed H. Payne Breazeale Victor A. Sachse and Maurice J. Wilson as its agents for service of process 6 That B & B Engineering & Supply Company is a corporation organized and existing under the laws of the State of Texas Houston domiciled at therein authorized to do business in the having State of Louisiana by 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 , 7 That Manville Sales Corporation is a corporation organized domiciled and existing under the laws of the State of New York in New York City therein authorized to do business in the State of Louisiana by having filed - with the Secretary of State and having the proper credentials appointed N. M. Robinson of New Orleans Louisiana as its agent t 8 for service of process That Manville organized and existing under Products the laws Corporation is a corporation the of State of New York domiciled in New York City therein authorized to do business in the State of Louisi^"ngby having filud the proper credentials - with the of Secretary | State and having eee ee ate mere eee appointed H. M. Robinson of New Orleans Louisiana as its agent for service of proces 9 That Owens Corning FiberglaFssiberglass Corporation is a corporation organized and existing under the laws of the State of New York being domiciled at 717 Fifth Avenue in De 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 at 502 Fifth Avenue Mu York City therein York being domiciled actually doing business in the State of Louisiana but having failed to appoint an agent for service of process i) . 11 That U. S. Rubbar Company is a corporation organized and existing under the laws of the State of New York domicilead t 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 Now 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 and with the Secretary of State having appointed C. T. Corporation System of process New Orleans Louisiana : as its agent for service of 13 That Mundet Cork Corporation is a corporation organized and existing under the laws of the State of New Jersey domiciled , at N. BergenBergen therein the authorized to do business in State of - Louisiana by of State and having having filed the proper credentials Charles E. Dunbar appointed with Jr. the Secretary Sumter D. agents Marks Louis B. ClaveriCelaverie and Ashton Phelps as its registered , / for service of process 3 14 That Nicolet and existing under the domiciled at 1 Nicolet Inc. is a corporation organized Industries laws of the State of ^-aJersey being Florhan Avenue 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 Madison Avenue Toledo therein actually doing business at 1808 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 of and existing under the laws of the State Pennsylvania domiciled at 1960 Butler Avenue Ambler Pennsylvania actually doing business appoint in the State of Louisiana but having failed to an agent for service of process . s * 17 Baldwin organ- pee. That Inc. is a corporation ized and existing under the laws of the State of New Jersey domiciled at 1153 Ereunig Trenton New Jersey Ectually doing appoint having business in the State of Louisiana but failed to , an agent for serviocf process | 18 organ- That Eagle Picher Company Inc. is a corporation domiciled Jat tan tan dane of the State of Ohio at Cincinnati therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed Charles E. Dunbar Jr. Sumter D. Marks Jr. Louis B. Claverie and Ashton Phelps as its registered agents for service of process 19 That Arrowhead Products Inc. is a corporation organized and existing under the laws of the State of California being domiciled at 2348 Curry Street Long Beach California actually doing business in the State of Louisiana but having failed to appoint an agent for service of process 20 Th^tH. I. Thompson Fiber Glass Company is 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 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 ett : agent for 2 te wate service of process ' 23 foreign That R. J. Reynolds Tobacco Company is a corporation Jersey State of and existing under the laws of the organized New 0 domiciled at Jersey City therein authorized to do business in Louisiana the State of by having filed the proper credentials with appointed the Secretary of State and having Harry McCall and Leonard Sarpy of New Orleans Louisiana as its agents for service of pro- cess 24 is a corporation organized and That P. Lorillard Company 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- and tary of State having appointed C. T. Corporation System of New Orleans Louisiana as its agent for service of process- 25 1955 dant Your petitioner now the decedent Clarence shows that during the years A. Faciane was employed by 1954 and defen- as an insulator Aber Insulation Company - 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 foam glass fiberglass and unibestosunibestos job said Clarence A. Faciane was required to and the were used install said insulation other pro- without the benefit of respirators or inhalatorosr tective devices 27 That during the year 1956 the decedent was employed on the State Welfare by McCarthy & Branton as an insulator Building Project in Baton Rouge Louisiana on which job were used and the _awuw.. Piherclass and Foam Glass said Clarence A. Faciane was required without the benefit of respirators or to install such insulation ey a other protective devices :- at | 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 install the said Clarence A. Faciane was required to asbestos foam gass and fibergla_ ss 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 on each of which jobs the said decedent was required fiberglass glass to install foam fiberglass fiberglass without the benefit of respirators asbestos asbestos or other . and mud asbestos et eens me 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 to smoke said Camel Cigarettes continuously until on or about 1955 yr 31 That from about the year 1955 until the time of his death on or about March 20 the 1960 decedent smoked Kent Cigarettes manufactured by defendant P. Lorillard & Company 320 That the decedent switched to Kent Cigarettes because of advertisements and assurances of safety and warranties that that product was wholesome and was safer 20 cigarettes the non filter tip | eet 7 woe epP oe . ; and less harmful than BD . . OL nS a Rey aes ' That That That edent 33. @ 33 became tobacco addict and was and . unable unable gmoking- smoking petitioner snows that petitioner Clarence your that BR. A. FacianeFaciane lungslungs and lungs about ively ively worseuntil during 1955 ame ill internal internalorgans organs that his until his death on x 35. Clarence the aecedent, Clarence the decedent because damage to his condition condition grew ipsa your ipsa petitioners nowshow Your petitioners applicable loquitur applicable applicable the that the aoctr ine facts he rein. , 36 of res ' I , e ' the death of the said that said now showsshows Your petitioner of the the negligencenegligence was was caused by & A. Faciane B & 8 defendants Aber & Company M. W. Kellogg & aber Supply Inc., Supply Supply Engineering Contracting and Armstrong failing Faciane Faciane of the Corporation in said ClarenceA. to warn the to supplyfailing failing in inherent inherent insulating material the insulating furnish uv ging in failing decedent and the use the the decedent for decedentsafeguards to furnishfurnish work in safe place giving giving with safe of safety ecedent to assurances make make @ in failing failing to the decedent disclosure disclosure the operations operations full inherent in such the angers full gisclosure 37. defendants Products of the said said said show the death further now of negligence Faciane Faciane caused negligence negligence defendants Manville defendants Johns Manville ther Manville Sales 5 Corporation Corporation Corning Corporation Corporation Co ening Fiberglass Corporation Rubber Manufact- Company Ruberoid Carey Manufact- Cork Corporation Nicolet Inc. Cork uring Company Mundet Mundet Nicolet IndustriesIndustries Mattison Mattison Keasby Keasby Ehret- uring Fibers Products , Arrowhead Inc. Company Company Picher Inc. Hill Eagle Ince Products Ince. Inces company: will, Inces Eagle caer picher OS VM ge Pe Too Pa hemiid --- --- 2,000.00 Funeral Expenses . Mental pain and anguish of ----- 50,000.00 : deceased-- Mental pain and anguish of a hatateieienaa w---~ 99-97 petitioner > oo, 50,000.00 Loss of support- = 50,000.00 Loss of love affection companionship and =--- 50,000.00 or a total of 204,832.41 204,832.41 | 41 minor Petitioner Mrs. Gladys Faciane on behalf of the Jean Faciane Catherine itemizes her damages as follows =~ Mental pain deceased- and : anguish of Mental pain and anguish of the minor- 15,000.00 . 15,000.00 Loss of support 3 years 6,000.00 Loss of love and guidance-- companionship . 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 ete mee follows of deceased 15,000.00 15,000.00 Mental pain and anguish Mental pain petitioner-- and anguish - of 15,000.00 Loss of love companionship tlie and guidance at 15,000.00 or a total of 45,000.00 44 In the alternative and in the event not entitled to damages for the wrongful are Cl~arence A. Faciane then and in that event that petitioners death of the said they are entitled Yt o of, x oy me ae mneke cts Fiberglass Company . Company Pittsburg Corning Corporation R. J. a in solido Company and P. Lorillard & iRenynoldsfuTlolbacco petitioner the minor Gladys sum of 204,832.41 204,832.41 and in on behalf of the favor of Catherine Jean Mrs. Faagcaiinasnte Faciane and 51,000.00 sum of 51,000.00 51,000.00 the defendants in solido and in of favor petitioner in the full Gary Phillip Faciane and against defendants in solido in the full sum et interest together of 45,000.00 45,000.00 with legal on each of said amounts from judicial demand until paid the alternative and in the event that petitioners In 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 Faciane $ and Ronald Markel Faciane prays that there be judgment herein Inc. against in her Company M. W. favor and & the defendants Aber Company & B & Engineering Supply Kellogg Company Armstrong Contracting & Supply Corporation and Travelers Insur- Benefits ance Company in at the rate of solido for Workmen's Compensation March 20 1960 35.00 per week beginning and continuing weekly gether with legal its maturity date thereafter for a period of 400 weeks to- interest on until paid each past due installment from and for funeral expenses in the of 600.00 sum together with legal 7 . interest thereon from a | 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 5/7 . Bank Blog 205 American Baton Rouge . Louisiana