Document RYVE8mvNBRa81Bn8QBoXE06B
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Pitney. Hardin. Kipp &. Szuch
163 MADISON AVENUE CN 1945
MORRISTOWN. N. J 07960-1945 I SOI I 267-3333
attorneys for Defendant Vista Chemical Company
LOTTIE MEMICE, Individually and LOTTIE MEMICE, as Execu trix of the ESTATE OF JOSEPH MEMICE, Deceased,
Plaintiffs,
vs. PPG INDUSTRIES, INC., et al.
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION-PASSAIC COUNTY DOCKET NO. L-020509-86
)
) Civil Action
) ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND
) FOR STATEMENT OF DAMAGES ON BEHALF OF
) DEFENDANT VISTA CHEMICAL COMPANY
)
Defendant, Vista Chemical Company, a corporation of the State of Delaware, with its principal place of business at 15990 North Barker's Lancing Road, Houston, Texas, by way of answer to the Second Amended Complaint filed herein, says:
FIRST COUNT
1. It is without '.Dowledge or information sufficient to
form a belief as to the '.ruth of the allegations contained in
paragraph 1.
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2* It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2.
3. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3.
4. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 4.
5. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 5.
6 It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 6.
1. It is without knowledge or information sufficient to
form a belief as to the truth of the allegations contained in paragraph 7.
8. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 8.
9. It is without <aowledge or information sufficient to form a belief as to the ^r-th of the allegations contained in paragraph 9.
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10. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 10.
11. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 11.
12. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 12.
13. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 13.
14. It is without knowledge or information' sufficient to form a belief as to the truth of the allegations contained in paragraph 14.
15. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 15.
16. It is without -;r.:wleccp or information sufficient to form a belief as to the t r u t n s f the alienations contained in paragraph 16.
17. It is without knowledge or information sufficient
to form a belief as to the ruth of the allegations, contained in
paragraph 17.
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18. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 18.
19. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 19.
20. It denies the allegations contained in paragraph 20r but states that commencing from and after July 20, 1984, it has conducted business in New Jersey from time to time.
21. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 21.
22. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 22.
23. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 23.
24. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 24.
25. It is without-knowledge or information sufficient
to form a belief as to the ruth of the allegations contained in
paragraph 25.
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26. It is without knowledge or information sufficient
to form a belief as to the truth of the allegations contained in i
paragraph 26.
27.
It is without knowledge or information sufficient l
to form a belief as to the truth of the allegations contained in
paragraph 27.
28. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 28.
29.
It is without knowledge or information; sufficient
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to form a belief as to the truth of the allegations contained in
paragraph 29.
30. It is without knowledge or information: sufficient
to form a belief as to the truth of the allegations contained in
paragraph 30. 31.
'.i i :i It is without knowledge or information! sufficient
to form a belief as to the truth of the allegations contained in
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paragraph 31.
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32. It is without knowledge or information sufficient
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to form a belief as to the truth of the allegations Contained in
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paragraph 32.
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33.
It is without -knowledge or information! sufficient
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to form a belief as to^the truth of the allegations contained in
paragraph 33.
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34. It denies the allegations contained in paragraph 34 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
35. It denies the allegations contained in paragraph 35 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
36. It denies the allegations contained in paragraph 36 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
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37. It denies the allegations contained in paragraph 37, including subparts (a) through (f) inclusive, which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations there in.
38. It denies the allegations contained in paragraph 38 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining alienations therein.
39. It denies .one allegations contained in paragraph 39
which pertain to it and it
without knowledge or information
sufficient to form a belie, as to the truth of the remaining
allegations therein.
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40. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 40, except it admits that N.J.S.A. 2A:15-3 is entitled "Actions which survive; torts to decedent."
41. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 41, except it admits that N.J.S.A. 2A:31-1 et sea. is entitled "Death by Wrongful Act."
42. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 42.
43. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in the first sentence of paragraph 43 and it denies the allegations contained in the second sentence of paragaph 43.
SECOND COUNT 1. Defendant Vista Chemical Company repeats and maxes part hereof its responses to the allegations contained in para graphs 1 through 43 of the First Count.
2. It denies the allegations contained in oaracraon 2 which pertain to it and it is without knowledge or information sufficient to form a .-^iief as to the truth of the remaining allegations therein.
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3. It denies the allegations contained in paragraph 3 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
4. It denies the allegations contained in paragraph 4 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
5. It denies the allegations contained in paragraph 5 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
6. It denies the allegations contained in paragraph 6
which pertain to it and it is without knowledge or information
sufficient to form a belief as to the truth of the remaining
allegations therein.
THIRD COUNT
3r"3 C-O
1. Defendant Vis ta Chemical Company repeats and makes a
part hereof its responses to the allegations contained in para-
graphs 1 through 43 of the First Count.
2. It is without knowledge or information sufficient to
form a belief as to zf.e truth of the allegations contained in
paragraph 2.
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3. It denies the allegations contained in paragraph 3 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
4. It is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 4.
5. It denies the allegations contained in paragraph 5 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
6. It denies the allegations contained in paragraph 6 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
7. It denies the allegations contained in paragraph 7 which pertain to it and it is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations therein.
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FOURTH COUNT
/VJ f''.)
1. Defendant Vista Chemical Company repeats and makes a
part hereof its responses to the allegations contained in para-
graphs 1 through 43 of the First Count.
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2. It denies the allegations contained in paragraph 2
which pertain to it and it is without knowledge or information
h sufficient to form a belief as to the truth of thje- remaining
allegations therein.
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3. It denies the allegations contained in paragraph 3
which pertain to it and it is without knowledge or information
sufficient to form a belief as to the truth of the remaining
allegations therein.
FIFTH COUNT 1. Defendant Vista Chemical Company repeats,and makes a part hereof its responses to the allegations contained in the First, Second, Third and Fourth Counts.
2. It is without knowledge or information sufficient to
form a belief as to the truth of the allegations contained in
paragraph 2.
3. It denies the allegations which pertain to it and it is without
contained knowledge
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i.! i, in^paragraph
3
iiii or ^information
sufficient to form a belief as to the truth of th$ remaining
allegations therein.
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FIRST SEPARATE DEFENSE
The Second Amended Complaint fails, to state aj claim upon which relief may be granted.
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SECOND SEPARATE DEFENSE
The defendant Vista Chemical Company did; not manu
facture, produce, purchase or sell vinyl chloride moiidmer, poly
vinyl chloride or any other product until July.; : 20, 1984. ii
Therefore, this defendant has no liability for the lalaims pre
sented by the plaintiff in the Second Amended Complaint, which
claims are based entirely upon or arise from injuries allegedly
sustained by the plaintiff's decedent on or before June 29, 1984.
THIRD SEPARATE DEFENSE
which
The would
Second Amended Complaint fails to stcjte a claim
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entitle the plaintiff to a recovery pt punitive
damages.
FOURTH SEPARATE DEFENSE
The claims presented by the plaintiff in the Second
Amended Complaint are barred by the applicable statute;of limita 11
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tions.
FIFTH SEPARATE DEFENSE The plaintiff's decedent, Joseph Memice, failed to exer
cise the degree of care and caution which he shouicj >lhave exer
cised under the circumstances existing at the --mpi u:vc c race I1!'.
referred to in the Second Amended Complaint and the jpiaims pre
sented by the plaintiff are barred or diminished byithe contri
butory or comparative negligence of the decedent..Joseph Memice.
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SIXTH SEPARATE DEFENSE
Any damage* loss or injury suffered by the plaintiff was
Ii caused by the acts or omissions of other persons over whom defen-
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dant Vista Chemical Company had no control and with Whom it had
no contractual relationships.
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WHEREFORE* defendant Vista Chemical Company demands judgment dismissing the Second Amended Complaint filed against it in this action* together with interest and costs of suit.
DEMAND FOR STATEMENT OF DAMAGES
PLEASE TAKE NOTICE that defendant Vista Chemical hereby
demands that plaintiff furnish it with a written statement of the
amount of damages sought in each and every count of ithe Second
Amended Complaint. PITNEY, HARDIN* KIPP & SZUCH Attorneys for Defendant Vista Chemical Company
Dated: June 9* 1986
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CERTIFICATION
I hereby certify that the within Answer \ jto Second
Amended Complaint and Demand for Statement of Damages l/as served
within the time period prescribed by R.4:6, as extended! by Stipu-
lation between counsel.
!f i!
BARBARA A. MOORE
CERTIFICATE OF SERVICE
I hereby certify that on this date a true copy of the
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within Answer to Second Amended Complaint and Demand1for State1i
ment of Damages was served upon all counsel of record jby mailing
the same, first-class mail, postage-prepaid, at Morr.^town, New
Jersey, addressed to their respective offices.
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Dated:
June 9, 1986
7BARBARA A. MOORE
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CERTIFICATION PURSUANT TO R. 4:5-1
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I hereby certify, pursuant to R. 4:5-1, thatjjiupon *i
information and belief, this matter is not the subject of any
other action pending in any court or arbitration proceeding and
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that there are no additional parties who should -be joined in this
action.
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Dated: June 9, 1986
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