Document XOyMK8zaj1yMYbKoOQZVjZ61G

SERVICE OF PROCESS TRANSMITTAL FORM TO. - Mr. B. J. Putzell, Jr.___ _ __ c/a. -Monsanto Chemical Comp any ___ Son M, T.InrtWgh ___ Hit T.niHa MigHOiir] ST. LOUTS iCily] MTfiBfflTRT (Still] February ?7. igfift |Dita| (x } VIA CERTIFIED MAIL { ) VIA CERTIFIED AIR MAIL ( ) VIA MESSENGER RE: PROCE55 SERVED IN THE STATE OF MISSOURI FOR. MONSANTO CHEMICAL COMPANY (Nama of Company) Delaware (Horn* Stott] Enclosed ere copies of legal process served upon ihe statutory agent of the above company as follows; 1. Title of Action: RITA B, KING vs. B. P, DRAKENFKLD AND COMPANY and MONSANTO CHEMICAL COMPANY 2. Document!*] Served: Summons and Petition 3. Courti Circuit Court, Div.lt, St. Louis, Missouri, No.62117 E Nature of Action: Plaintiff prays Judgment against defendants and each of them in the sum of $45,000.00 and costs for alleged injuries caused by usirt 24-018 enamel in 487 oil as supplied by defendants while employed with International Bent Glass Company, Ino., at St. Louis, Missouri 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 servioe, exclusive of day of service s. Plaintiff's Attorney!*): Ouilfoil, Caruthers, Symington, Montrey & Daniel 434 Paul Brown Building - St, Louis, Missouri I 9. Remarks: 0299785 KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING JO US,THE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM. Signed C^T CORPOR^nON SYSTEM Adrir.it 314 North Broadway _______ S. Louis, Missouri ` NWO-Y Ml SGM &l HARTOLDMON0095256 ' i '' o STATE OF MISSOURI } i as CITY 07 ST. LOUIS t IN THE CIRCUIT COURT OF SHE CITY OF ST. LOUIS STATE OF MISSOURI RITA Bp KX804 Plaintiff, -VB- B.F. DRAKENFELD AID COMPANY, a corporation, 45 Park Place, New York 7, New York Serve: Secretary of State, Jefferson City, Missouri, -and- MONSANTO CHEMICAL COMPANY, a corporation, Serve: C,T. Corporation Service, 314 North Broadway Saint Louis 2, Missouri, . Defendants. ) > ) ) ) ) ) ), ) } ) ) ) ) ) ) ) ) ) ) ) ) Cause No. Division No. One JULEX.J .L.P.JL count i Plaintiff, for his cause of action in Count of this petition, statesi 1, Defendant, B, F, Prakenfeld end Company, (hereinaf ter called "Prakenfold") is and at all times hereinafter men tioned was a foreign corporation duly organised and existing under the law, 2. Defendant, Monsanto Chemical Company, (hereinafter called ''Monsanto") is and at all times hereinafter mentioned, 02S97S* HARTOLDMON0095257 was a corporation organized and existing under the laws of the State of Delaware, having a registered agent and office in the City of St. Louis, 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 enamel's, and among the various products so distributed by said defendant is an enamel known as 24-018 enamel in 487 oil. 4. Defendant Monsanto is engaged in the business of manufacturing and preparing ohemicale, chemical products, oils and thinner* 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 24-013 enamel in 487 oil by combining various other materials with Monsanto's product Aroclcr 4465. 6. At all times hereinafter mentioned, both defendants herein did know and intend that said products would be used by the consuming public and would bo handled, dealt with, touched and fumea thereof would be Inhaled by the public, and both de fendants placed said pfoduate in the channels of trade with such knowledge and intention, 7. During the year. l0W( 19to|aad 1961, and until the month of May, 1962, defendant Drakenfeld contin uously supplied 24-013 enamel in 487 oil containing defendant Monsanto's Ardor 4465 to the International Dent Class Company, -2- o ' 1 Inc,, in t. 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 487 oil was so used in the manufacturing processes of International Bent Glass Com pany, Inc., tooth defendants herein did impliedly warrant and represent that the products 24-016 enamel in 4B7 oil and Aroclor 4465 were fit and safe for such use by the public, tout tooth 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 toy the public of said products was likely to cause liver damage, skin eruptions, rashed acne, cysts and dermatitis of various kinds. 8. Plaintiff, beginning in the year 19^9 ang continu ing until the month of Kay, 1962, made use of 24-019 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 eaid product, touched same, end 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 1&59, 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, chest, back, buttocks, face, ears and eyelids; eaid areas became cov ered with comedones, cysts, acne, infectious lesions, papules . -3. 02497SB HARTOLDMONOQ95259 and a condition known as ehloracnaj plaintiff's eyelids and periorbital skin became ery-hematous, 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 24-018 enamel in 4$7 oil, still suffers the residual effects of the same, and will suffer said residual effects permanently. 10. At various times throughout the period of time heretofore mentioned, diligent attempts were made by plaintiff, his employer. International Bent Glass Company, Inc,, its re presentatives, and other employees similarly injured, and their representatives, to determine, discover and ascertain the nature, extent and cause of his disease and injury through the use of various skilled medical experts and specialists, but said medical experts and. specialists were unable tc determine, discover or ascertain the same. During the month of Hay, 1962, The Occupational Health Research and Training Facility , Divi sion of Occupational Health, Public Health Service, United States Department of Health, Education and Welfare, as a result of an investigation conducted by its representatives in March, 1962, determined/ discovered and ascertained for the first time that the direct and proximate cause of plaintiff's condi tion, as heretofore alleged, was the use of defendant Drakanfeld's 24-018 enamel In 487 oil, containing defendant Monsan to's Aroclox 4465, and communicated its finding to plaintiff in the month of May, 1962, thus constituting plaintiff's first knowledge of the direct and proximate cause of his condition, as heretofore alleged. - 4- Q2497S9  o - ' 11, As a result of the aforesaid actions of defen dant Drakenfeld, said defendant has engaged in a continuous course of tortious conduct commencing in 195$ and not termina ting until May, 1962, 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.H.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 procaas, all as is provided in said V.A.K.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 I of the petition for Posty-Fiva Thousand Dollar* (545,000,00) and her costs, COUNT II Plaintiff for his cause of action in Count II of the petition, statess 1. Plaintiff restates and realleges each and every allegation in Paragraphs 1, 2, 3, 4, 5 and 6 of Count I of this petition. 2. During the years 1359, W60 aod x61, and until the month of May, 1962, defendant Drahenfeld contin- -5 - 02941* HARTOLDMON0095261 uously supplied 24-023 enamel in 4B7 oil containing defendant Monsanto's Aroelor 4^S5 to the International Bent Glass Com pany, Inc,, in St, Louie, 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 geroue 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 them 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 I, Paragraph 9, and as herein realleged in Paragraph 4 of this Count, as a direct and proximate result of defendant's negligence as heretofore alleged, 6. Plaintiff restates and realleges each and every allegation of Paragraphs 11 and 12, Count X of this petition. WHEREFORE, the premises considered, plaintiff prays judgment on this Count 11 of this petition against the defen- -6- 0299791 n y - dants, and each' of them, in the sum of Porty-Pive Thousand Dol lars ($45,000.00) and for har coete. GUILFQIL, CARUTHERS, SYMINGTON MOHTREY & DANIEL Saint Louie 1, Missouri CHastnut 1-6890 ATTORNEYS FOR PLAINTIFF -7- 0299792 HARTOLDMON0095263 < > .. . Circuit Court for the City of St. Louis Still of Miieouri aita Br ja^..... FUnUIE... B.F. tirakanfold ana Company f a Corporation at al No...622LL Dlv... Defendant.. SUMMONS Monsanto Chemical Company ( a corporation The Slate of MUcouri to Defendant. You ire hereby umnuuved V) appear before the aboYe-ftwoed wirl and to file your pleading to the petition, copy of which Is attached hereto, and to ewv* copy of your pleading upon.................................... Fulifoli, Carutihers, Symington , Nontroy i Daniel s .................. .................................... .................................. .....................................attorney...... for plaintiff-". , 1*34 Paul, Brown Bitig whoa* eddrew ia... all within SO dayi after service of thia summons upon you, exoluilv* of the day of service. If you fail to do io, judgment by default will be taken against you for the relief demanded In the petition. Dated.......Fobraar^r.......... 26th......... 64 (Seal of Circuit Court) By PHEL1M O'TOOLE Circuit Cierki C........... Deputy Clerk. ^90/03 HARTOLDMON0095264 RETURN ON SERVICE OF SUMMONS I hereby certify that 1 have served the within summons: (1) By delivering on the-.................................-day of........... *................. ...... ....................,,................ 19...... a copy of the summons and a copy of the petition, to each of the within-named defendants............................ (2) 3y leaving on the........ ...............................day of................................................................. ......... IB.. for each of the wlthln-named defendants.................................................................................................... a copy of t* fttmtricma and a copy of the petition at the respective dwelling place or usual place of abide of said defendants with tome person of hla or hir family over the age of is years; 01 By................................................................................................................................................................. All done in....................................................................County, Missouri, Sheriff's fees; ...................................................................... Summons.....$ Sheriff of.................................................................... County, Missouri, Noneit........ g ' Mileage........ f_________ . . Total............ f By,..................................................................... . Deputy Sheriff. DIRECTIONS TO SHERIFF A Copy of tbs summons and s copy of the petition must be served on etch fiefondest, for methods of kerviee in ill elaosn of suits ho Eoe. 27 Civil Code. ' atgOn i"|t a s *! 0299794 62U-7- HART OLDMON0095265