Document Xg4Zmk5bJJ6x7Vgv5LgGZn7x

F Butler, s Binion 1600 ALLIEO sank plaza HOUSTON, TEXAS 77002 (7131 337-3111 CABLE: LERION TELEX 77 5 5 32 TWX 8813526 June 13, 1985 Ms. Marleen Jackson Legal Department 1501 Alcoa Building Pittsburgh, Pennsylvania 15219 IW PENNSYLVANIA AVCNUC, N. W. WASHINGTON, D. C. 20006 !'*cre 4M*900 M, W 039 LITTLEFIELD SUVLOl NC J AUSTIN, TEXAS 76701 (SIS) *7* 6184 JUN 21 1385 Re: Cause No. 85-18098; Edward C. Aguilar, et al vs. The Celotex Corporation? In the 133rd Judicial District Court of Harris County, Texas Dear Ms. Jackson: Enclosed please find 150 Plaintiff case filed by the same Plaintiffs' attorney. It has been represented to me that these are all Alcoa - Port Comfort workers. Therefore I need to request production of the same medical, employment and payroll records from Alcoa. Can we have the same agreement as we did in the Alvarado case for production of these records. Please give me a call at (713) 237-2016. Very truly yours. JBMC/lsl Enclosure Jeffrey B. McClure <j 3- 55 75- 0 9C<Xr C oj 1 Category Code ALCQA0000395 NO. 5-18098 EDWARD C. AGUILAR, ET AL, PLAINTIFFS VS THE CELOTEX CORPORATION, ET AL, DEFENDANTS S S s s s s IN THE DISTRICT OF THE M33RP JUDICIAL DISTRIC HARRIS COUNTY, TEXAP' PLAINTIFFS' ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Edward C. Aguilar, Enrique Aguirre, Gantran Alamia, Homer I. Aparicio, Maurice E. Bounds, Henry Brister, F.A. Bruns, Jr., l^rry j. Buchanan, Freddy L. Burdick, Antonio Camacho, David Camacho, Sr., Guadalupe Camancho, Candelario D. Canchola., Guadalupe G. Cantu, Jr., Salvador Cantu, Trinidad Cantu, Catarino N. Caravajal, Norman Ray Carraway, George R. Casey, Jesse V. Castillo, Alcadio R. Cavazos, Pete R. Cavazos, Primitivo R. Cavazos, Joe Chovanec, Jr., Emmett C. Clary, Edgar Coker, Jesus M. Cortez, Sylvan Cox, Alex Dean, Reymoundo DeLaGarza, Jesse DeLeon, Charles M. Delgado, Sr., Elias S. Diaz, Zane R. Dooley, Guadalupe Espinosa, Guillermo Espinosa, Santos G. Figueroa, Anton Fikac, Eulalio P. Flores, Teodoro G. Flores, Wilson P. Foreman, Harry B. Fox, James J. Fric, Albino P. Garcia, Frank G. Garcia, Guadalupe S. Garcia, Jose' C. Garcia, Sr., Jose' R. Garcia, Thomas J. Garcia, Willie R. Garcia, Joe Garza, Leopoldo Garza, Rodrigo Garza, Jimmy P. Gausch, Jimmie B. Gisler, John D. Glenn, Albert Gonzales, Andrew H. Gonzales, Frank M. Gonzales, Manuel Gonzales,. Jr., Noble C. Gray, Walter T. Gray, Henry V. Green, Jr., Lonnie Gregory, Sterling D. Griffith, Milton Grossman, Frank E. Hermes, Darvis Hamilton, Joe G. Herrera, Jr., Lord H. Highberg, Jerry L. Helsey, Robert L. Hudson, Edwin E. Janecka, Eugene T. Janak, Cassimiro Jasso, Jr., Calvin. J. Jemelka, Earnest D. Jones, Robert W. Koch, Charles Edwin Koenig, Elton Arthur Koennig, Adolf Kolacny, Bruno P. Koronczok, Henry W. Koslan, Lee Roy Kraatz, Paul Willie Kuchler, Jr., Patrick H. Kurtz, August E. Liberda E. Liberda, Royce G. Lightfoot, George M. Llanes, Raul Rudy Llanes, Santos M. Llanes, Vernon Ray McClure, Sam McCormick, Willie McDonald, ALCQA0000396 for profit-doing business in Harris County, Texas. The Defendants Armstrong Cork Company, Babcock & Wilcox Company, The Celotex Corporation, Combustion Engineering, Inc., Eagle-Picher Industries, Inc., Owens-Coming Fiberglas Corporation, Owens-Illinois, Inc., Pittsburgh Coming Corporation, and Raybestos-Manhattan, Inc., " can be served with process by serving their Registered Agent for service, C. T. Corporation Systems, 1601 Elm Street, Thanksgiving Building, Dallas, Texas 75201. The Defendants GAF Corporation and Keene Corporation can be served with process by serving their Registered Agent for service, Prentice Hall Corporation Systems, Littlefield Building, Austin, Texas 78701. Fibreboard Corporation can be served with process by serving its Registered Agent for service, U. S. Corporation Co., Littlefield Building, Austin, Texas 78701. The Defendant, Nicolet Industries can be served with process through the Secretary of State by serving its Registered Agent, Nicolet's Chief Corporate Officer, 25 Skippach Drive, Ambler, Pennsylvania 19002. The Defendant., Eorty-Eight Insulations, Inc., can be served with process through the Secretary of State by serving its Registered Agent, David Maxam, President, 111 Oak Street, North Aurora, Illinois 60542. II. The Defendants put into the stream of commerce a product that was defective, unreasonably dangerous, and not reasonably fit for its intended use, which was a producing, and/or proximate cause of the damages to the Plaintiffs as alleged hereinafter, all in violation of the provisions of the Texas Business Commerce Act. Further, the Defendants impliedly warranted the fitness of said product to persons situated as are the Plaintiffs, but the Defendants have breached such implied warranty, which is the producing and/or proximate cause of the injuries of the Plaintiffs as set out herein after. All of the acts and omissions described above are in violation of the Business and Commerce Code, V.T.C.A., Bus. & C. SS 1.103, -3- ALCOA0000397 John F. Machicek, Lucio G. Martinez, Oscar Martinez, Arnold Maseda, Franklin Machicek, Richard Miller, Leonard R. Minjares, Arthur G. Miranda, Trinidad Morales, Isaiah Moreno, Alvin Mumphard, James R. Oglesby, Leon G. Ortiz, Frank Orzabal, Glynn Palmer, Jose' D. Partida, Juan H, Perez, Paul E. Petrosky, Anton J. Piegsa, Edwin E. Pribyl, Juan Ramirez, Ysmael G. Ramirez, Billy Rawlings, Jessie J. Rodriguez, Jose' M. Rodriguez, Juan Rodriguez, Porfior Rodriguez, Pete Rubio, Homer Kenneth Ruddick, Ernest Ruiz, Seferino Salais, Jesus Saldivar, Zaragoza G. Sanchez, Eliborio C. Sanchez, Lucio G. Sanchez, Gene J. Schulte, Alfredo 0. Serna, John 0. Silvas, Frank Skrla, Savas Soliz, Edgar E. Staha, Wesley H. Stanley, Irene Talbott, Ira J. Thompson, Pablo B. Torres, Apolonia R. Velasquez, Chon R. Velasquez, Martin R. Velasquez, Roy E. Wagoner, John W. Wallace, Murry Wills, Jr., Clyde Wofford, Herman Woolsey, Clinton T. Wratislaw Jerry Zak, and Louis Zapalac, hereinafter referred to as Plaintiffs, by and through their attorney of record, and make and file this their Original Petition, complaining of Sabine Industries, Inc., JohnsManville Sales Corporation, Johns-Manville Products Company, ONARCO, 'mstrong Cork Company, Babcock & Wilcox Company, The Celotex Corp oration, (successor in interest to Philip Carey Manufacturing Co., and Philip Carey Corporation), Combustion Engineering, Inc., EaglePicher Industries, Inc., GAF Corporation, (successor in interest to Ruberoid Corporation) , Keene Corporation, (successor in interest to Lnldwin-Ehret-Hill Corporation), Forty-Eight'Insulations, Inc., Nicolet Industries, Owens-Coming F iberg las - Corporation, OwensIllinois,. Inc., Pittsburgh Corning Corporation, Raybestos-Manhattan, Inc., (predecessor corporation to Raymark Industries, Inc.), and Fibreboard Corporation, hereinafter referred to as Defendants, and for such cause of action would respectfully show the Court as follows I. One or more of the Plaintiffs are adult residents of Harris County, Texas. The Defendants are private corporations organized -2- ALCOA0000398 2.103, 2.106, 2.314, 2.314(c), 2.315, 2.714, 2.715 et seq., as well as other pertinent provisions of the Business and Commerce Code, V.T.C.A., and all of such acts were a producing and/or proximate cause of Plaintiffs' injuries. III. Further, the Plaintiffs would show that the Defendants, and each of them, placed into the stream of commerce a product that was defective and unreasonably dangerous, which was a producing cause of the Plaintiffs' injuries. IV. Further pleading. Plaintiffs would show that the Defendants placed into the stream of commerce a product which was unreasonably dangerous and defective in that it failed to contain adequate warning of its dangerous character to intended users, which was a producing cause of the Plaintiffs' injuries as hereinafter described. V. Alternatively, Plaintiffs allege it was Defendants' negligence that resulted in Plaintiffs working with and inhaling dangerous fibers produced by Defendants' products. This caused Plaintiffs to become sick with an irreversible disease that is unique to exposure from asbestos and the Plaintiffs' injuries were a direct and proximate result of the unreasonably dangerous products. Due to Defendants' negligence and failure to warn that exposure was dangerous, Plaintiffs, being the users of the products, were unaware of any danger by the exposure to the Defendants' products. VI. As a direct and proximate result of the Defendants' negligence, Plaintiffs sustained damages as a result of their injuries and seek any and all remedies entitled by law to them, and any other relief that they may be entitled. And said damages are in excess of the jurisdiction limits of this District Court. VII. Plaintiffs would further show that all of the acts and omissions described above and committed by the Defendants herein -4- ALCOA0000399 ere intentionally, wilfully, and maliciously committed with reckless disregard to the rights of others and by reason hereof Plaintiffs sue for punitive damages in such reasonable sums as they may show themselves justly entitled. The actions of the Defen dants amounted to entire want of care such that said acts and omissions were the result of a conscious indifference to the right or welfare of persons situated as were the Plaintiffs. VIII. As a result of the repeated and extended exposure of the Plaintiffs to the Defendants' products, including asbestos fibers, Plaintiffs have received injuries to their respiratory system and body generally, which has resulted in damages as follows: a) The Plaintiffs have suffered a substantial, if not total, reduction in their earning capacity, and will continue to suffer a loss of their earning capacity for their life expectancy; b) The Plaintiffs have been caused to endure extreme pain, both physical and mental, from the date of such exposure, to the present date, and will continue to suffer physical pain and mental anguish in reasonable medical probability for the rest of their natural lives; c) The Plaintiffs have sustained reasonable and necessary medical expenses to treat the conditions arising from their exposures to the Defendants' products, and in reasonable medical probability will continue to incur medical expenses for the rest of their natural lives. IX. Plaintiffs would show that they are entitled to damages in such reasonable sums as they might be able to prove for loss of consortium. X. For all of such items of damages described above Plaintiffs say that they are entitled to and do hereby sue for such sums as -5- ALCOA0000400 they may show themselves justly entitled, all in excess of the jurisdictional limits of this Court. WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be cited to appear herein as required by law and that on final hearing hereof, Plaintiffs have judgment against the Defendants, jointly and severally, for such sums as described above that they may show themselves justly entitled, all in excess of the jurisdictional limits of this Court, costs of suit and for such other and further relief as they may show themselves justly entitled. SCOTT BALDWIN JONES, JONES, BALDWIN, CURRY & ROTH, INC. P. 0. Drawer 1249 Marshall, Texas 75670 214/938-4395 JAMES A. SMITH P. 0. Drawer 1009 Port Lavaca, Texas 512/552-3303 77979 J. DAHR JAMAIL, III JAMAIL 6 KOLIUS 3300 One Allen Center -6ALCQA0000401