Document dY6grd8ek1RODQ5EQQ1Xq7k4Q

,,.tl;,j3K COUKT Of NJ. OUARINI & GUARINI 610 Newark Avenue FILED ))d^ '"} |*f' Jersey City, New Jersey (201) 653-0050 Attorneys for Plai. 198I CterH . .* COURT OF NEW JERS LAW filVlSION:HUDSON COUNTY DOCKET NO. EDWIN E. ACOSTA, et al, (whose names appear in Exhibit 1 annexed hereto, ) Plaintiffs, L 18839 81 vs. : ALLIED CHEMICAL CORP.: ASHLAND : CHEMICAL CO., A DIVISION OF ASHLAND OIL, INC.; C.I.B.A. : GEIGY CORP., (DYESTUFFS & CHEMICALS DIVISION); DOW CORNING, CORP.; E.I. DUPONT de NEMOURS & CO.; ESSEX CORPORATION; FISHER : SCIENTIFIC CO., INC.; HOOKER CHEMICALS & PLASTICS CORP.; KURTS AMD WOLFE CHEMICAL COMPANY; L.J. & M. LA PLACE CO.; LONDON : CHEMICAL CO.; MONSANTO COMPANY; THE JOHN D. MORE CORP.; NAUSSAU : RECYCLE CORP.; WILLIAM F. NYE, INC.; OAKITA CORP.; PARKER CO. : (DIVISION OF OXY METAL INDUSTRIAL CORP.); POLYMER CORP.; .p.P.G. : INDUSTRIES INC.; SEIDLER CHEMICAL & SUPPLY CO.; SHELL OIL COMPANY; : SUBURBAN CHEMICAL CO.; TENNECO CO. (A DIVISION OF TENNECO OIL ; CO -) ; TEXTILE CHEMICAL CO.; UNION CARBIDE CORPORATION, : CHEMICALS 4 PLASTICS DIVISION; A.B.C. CORP. and DEF CORP. : (Fictitious names being other corporations or legal entities : whose true identities are unknown which either manufactured, : packaged, distributed and/or supplied any toxic substances ; or chemicals to th*. Western Electric Plant, Kec-rw, New Jersey,: during the period corolained of. CIVIL ACTION COMPLAINT De ft i.ua n ts . RSV 0004791 Plaintiffs, each of whom is listed in Exhibit 1 I annexed hereto, complaining of the corporate Defendants say: FIRST COUNT 1. Plaintiffs were employed at a plant of the WESTERN ELECTRIC COMPANY in New Jersey, and were there compelled from tine to time to inhale and breathe fumes, vapors, particles, dust and other substances in the atmosphere and were otherwised exposed to these substances in the performance of their duties as employees of the WESTERN ELECTRIC COMPANY. 2. Each of the named plaintiffs was so employed* and so exposed to toxic substances during the time period set forth in Exhibit 1 which is made a part hereof. 3 . That as a result of being exposed to the inhalation and ingestion of toxic chemicals and other substances, each of the plaintiffs herein endured pain and suffering, sustained temporary and'permanent injuries, emotional distress and have been and will be compelled to expend large sums of money for'medical care and therapeutic attention and for these reasons have and will sustain the loss of gainful emoloyment and earning power, 4. That the Defendants above named, at times material to the Complaint herein, manufactured, supplied and delivered or arranged for the delivery to WESTERN ELECTRIC COMPANY, for use in its Kearny, New Jersey Plant RSV 0004792 i various toxic chemicals and other toxic substances to be used by the WESTERN ELECTRIC COMPANY in production and manufacturing procedures in said plants. 5. That at all times herein material the duties of plaintiffs at the above mentioned plants of the WESTERN ELECTRIC COMPANY were such as to require them to be present in various locations wherein the above mentioned varnishes, lacquers, resins, paints, solvents, chlorides, acids, and other chemicals, substances and products manu factured, sold or supplied by the Defendants to Plaintiffs' employer, were used in such a manner as to emit noxious, poisonous, caustic, and harmful fumes and vapors, all o-f which caused, separately or together, the severe, disabling and devastating injuries complained of herein. 6. The Defendants in question knew, or should have known, that an ultimate user of their product would potentially be exposing themselves to a danger of physical injury unless certain precautions were taken and they therefore had a duty to exercise reasonable care to give adequate warning to the foreseeable ultimate users concerning the potential dangers of the product and the proper method of utilizing the same, including but not limited to clothing, respirators, and ventilation, to render the use of the product safe. 7. In spite of this duty, the Defendants negligently, carelessly, and in breach of their duty of care, failed and omitted to supply specific or adequate warnings and/or instructions to either the WESTERN ELECTRIC COMPANY Personnel 4 R5V 0004793 3- - involved in the supervision of the use of these products and/or to the Plaintiffs' themselves in order to render the use of the products safe. 8. As a direct and proximate result of the Defendants negligence aforesaid, the Plaintiffs were caused to contract, suffer and become diseased in their pulmonary and respiratory systems, to develop various forms of cancer, to develop dermatological conditions, to develop liver, gallblader and kidney diseases, to develop adverse genetic conditions including defects in chromosomal structure order, composition and/or count, to develop malfunctioning of the endocrine system and to develop disorders of the central and/or peripheral nervous system, to develop various allergic reactions, to suffer metal poisoning, to develop bone marrow disorders and to develop serological disorders. Those Plaintiffs who may have had pre-existing conditions suffered an aggravation and/or exacerbation of this condition SECOND COUNT 9. Plaintiffs repeat and reiterate each and every allegation set forth in* the paragraphs of this Complaint designated 1 through 11, witn the same force and effect as though fully set forth at length herein. 10. That each of the products supplied to WESTERN ELECTRIC COMPANY by the Defendants was delivered to the WESTERN ELECTRIC COMPANY in the condition in which it was originally produced for use by the WESTERN ELEcjlRIC COMAPNY and without modification or alteration. i 4- - RSV 0004794 11. The chemical products and/or substances manufactured by the Defendants were defective in that they had a dangerous propensity and were potentially harmful to an ultimate fore seeable user at the time they were placed into the stream of commerce by the Defendants and they failed to contain adequate warning labels which would advise the ultimate user (and/or the supervisors or representatives of the ultimate user's employer responsible for directing the products' use) in unambiguous and unequivocal specific terms of the nature and degree of the dangers to be anticipated from the use of the product/ and they also failed to provide adequate warnings or instructions including but not limited to instructions regarding proper clothing, and the use of respirators, and/or proper ventilation which would be reasonably necessary to render the use of the product safe. Further, the warnings were not packaged, published or affixed so as to be reasonably calculated to reach and/or influence the ultimate user or their supervisors aforesaid. Because of the Defendants' failure to warn of the dangers of which they are deemed as a matter of law to have had actual knowledge, they are liable to the Plaintiffs under the theory of strict liability and tort. THIRD COUNT 12. Plaintiffs repeat and reallege all the allegations of the First and Second Counts of this Complaint and incorporate them herein as if fully set forth at length. 13. That at the time of each sale from the Defendants' to WESTERN ELECTRIC COMPANY under the uniform commercial codes, 5- - r$V 0004795 each Defendantimpliedly warranted that the said products were of good and merchantable quality and that they were fit for the use and purpose for which they were intended. 14. That the said warranties of merchantability and fitness for use were for the benefit of WESTERN ELECTRIC COMPANY and its employees. 15. That the purpose intended by the parties to the purchase and sale was its use at the WESTERN ELECTRIC COMPANY Plants in New Jersey, in connection with the production of labeling for containers. 16. That the implied warranties as aforesaid were breached in that the merchandise could not be safely used at said plant for said purpose without exposing employees to dieases and conditions specified in paragraph 8 page 4. That the Plaintiffs were damaged by reason of the breach of said implied warranties. FOURTH COUNT 17. Plaintiff repeats and realleges all the allegations of the First, Second and Third Counts of this Complaint and incorporates them herein as if fully set forth at length. 18. On information and belief and in order to protect the Plaintiffs' rights pending completion of discovery, Plaintiffs allege that'ABC Corp. and DEF Corp. were either the manufacturers, packagers, distributors and/or suppliers of either the toxic subitances complained of or additional presentlyknown toxic substances to which Plaintiffs were exposed during the course of their employment RSV 0004796 V* which substances were negligently, defectively and in breach of implied warranties, furnished to the Plaintiffs causing them injury. WHEREFORE, Plaintiffs demand judgment against the Defendants jointly and severally on each of the several counts of this Complaint for compensatory damages together with interest and costs of suit and for such other relief as the Court may deem proper. GUARINI & GUARINI Attorneys for Plaintiffs DATED: December 4, 1981 By;/s/ Maurice H._Cormelly_ . - - MAURICE H. CONNELLY-7 JURY DEMAND Plaintiffs demand trial by jury as to all issues in this case. GUARINI & GUARINI Attorneys for Plaintiffs DATED: December 4, 1981 BY : /s/ Maurice H. Connelly MAURICE H. CONNELLY" 7- - RSV 0004797