Document dYzN3Zw7adq5gkYD0qVRBJk5

To: From: Subject: J. M. Harrington Internal Memorandum Unit: ,, September 25, 1986 Date: T. 0. Boland Unit: 0GC Milutin Suzberic vs,. Birk Paint Manufacturers, Inc et al. & Birk Paint Manufacturers, Inc. & Hess Brothers, Inc defendant, third party plaintiff, vs. Adaras Paintainq Co. et al. & NL Industries Enclosed are an attorney's letter to CT, a summons, and answer to a second amended complaint, a complaint and demand for Jury trial. Birk Paint allegedly exposed Milutin Suzberic to ultrahazardous lead during the course of his employment. Birk Paint and Hess Brothers seek indemnification, if found liable, from NL Industries, Inc. ends. cc: D. Franz^w/o^encls. J. D. Smith w/encls. TB 23 4 NL 000039524 N 26089 SERVICE OF PROCESS TRANSMITTAL FORM I c r kYSTeu\ C T Corporangtraystem The Corporation Trust Company TQ:h l Industriesf Inc. John T. Rafferty, Secy. & Assoc, Gen. Csli. 1230 Avenue Of The Atnprirtftg New York, New Ynrlr___10020 (Authorized Recipient) TO:_ '# C T CORPORATION SYSTEM <C T Office) NEW YORK, NEW YORK (City) (State) CJ CORPORATION SYSTEM DATE:, Trenton, (City) 9/19/86 New Jersev (State) VIA: First Class Mail VIA: [IDO Certified First Class Mail [ ] Messenger RE: PROCESS SERVED IN NEW JERSEY (Jurisdiction) FOR- N L INDUSTRIES INC. (Name of Company) NEW JERSEY (Domestic State) ENCLOSED ARE COPIES OF LEGAL PROCESS SERVED UPON T^E STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS: MILUTIN SUZBERIC, Plaintiff 1. TITLE OF ACTION: VS BIPJK PAINT MANUFACTURERS, INC., et al. Defendants & BIRK PAINT MANUFACTURERS, INC. & HESS BROTHERS, INC., Deft 3rtJ pty vs ADARAS PAINTAING CO. et al & N L INDUSTRIES, INC., Tpltfs. 2. d o c u me n t (s ) s e r v e d : K1 Summons, Complaint -3rd pty Third party defendants CJ Answer,, Crossclaims & Exhibit & Letter dated ? 3. COURT: [3 Superior Court of New Jersey, Law Division Hudson County ^ Docket No. l -0077466-85 4. n a t u r e o f a c t io n . Deft> third party pltfs. demand contribution and or cannon law and or contractual indemnification denying liability to pltf for injury alleged due to exposure to toxic and deleterious amounts of ultrahazardous lead. 5. p r o c e s s s e r v e d ON: THE CORPORATION TRUST COMPANY in New Jersey C3 PROCESS RECEIVED BY: THE CORPORATION TRUST COMPANY in New Jersey, by mail FROM: Atty. Envelope Post MarkedQ/IRfrl ft/ftfi________________ _________enclosed. 6. DATE AND HOUR OF SERVICE OR RECEIPT: 9/19/86 7. APPEARANCE OR ANSWER DUE: 83 Within 20 days of service, exclusive of day of service. Deft, third party CJ 8. p l a in t if f 's a t t o r n e y (si: Carton, Nary,Witt & Arvanitis P.O. Box 1229, Asbury Park, NJ 07712 9. r e ma r k s : Slight discrepancy in corporate title noted. NL 000039525 This confirms our telephone call to your office. CJ Above telephoned to C T office and is sent to you per their instructions. KINDLY ACKNOWLEDGE RECEIPT BY SIGNING THE CARBON COPY AND RETURNING It TO -- RECEIVED AND FORWARDED ON 9/22/86 (Date) PV r C T CORPORATION SYSTEM PerU V. CQLVELL, VICE PRES._________ 1633 Broadway ____ ______New YorkT Hew York 10019 CT2S4A - 1.5M -1/81 N 26089.01 JAMES O. CARTON. JR. J. 6ERARO CARTON ROBERT V. CARTON ROBERT R. WITT* GEOROE N. ARVAN1TIS* GEORGE A. BARISCJLLO. JR. JAMES 0. CARTON. SI THOMAS F. HEANEY. JR. JOHN C. CARTON STEPHEN C. CARTON H. FRANK CARPENTIER JAY ROBERT HERMAN WILLIAM G. BASSLER OANA C. ARGERIS* MARTIN J. MCGREEVY* DAVID R. LEAHY JAMIE S. PERRI JEFFREY A. NAOELL PAUL G. SAVOTH DANIELLE E. REID MARK R. AIKINS TERESA K. GIERLA CARTON. NARY. WITT & ARVANITIS (DURAND. IVINS & CARTON) COUNSELORS AT LAW ROUTE 66 AT GARDEN STATE PARKWAY P.O. BOX 1229 ASBURY PARK. N.J. 07712 TELEPHONE 922-9500 AREA CODE ZOI JAMES O. CARTON IS9S IU3 J. VICTOR CARTON I929 1002 THOMAS O. HART 1929 1005 MANASOUAN OFFICE AO UNION AVENUE MANASOUAN. M.J. 08736 OF COUNSEL ARTHUR J. SLAKE CERTIFIED CIVILTRIAL ATTORNEY REPLY TO: ASBURY PARK The Corporation Trust Company 28 West State Street Trenton, N.J. 08625 Re: Suzberic v. Birk Paint Manufactures et als and Birk Paint Manufactuers et als vs. N L Industries et als Docket No. L 077466-85 Gentlemen We understand you are the registered agent for N L Industries, Inc Accordingly, we are enclosing a summons and third party complaint in the above captioned matter. Very truly yours HFC:vg Enc. Certified Mail, R.R.R. //P 161 135 951 H. Frank Carpentier ML 000039526 N 26089.02 Attomey(s): Carton, Nary, Witt & Arvanitis Office Address & Tel. No.: P.0. Box 1229, Asbury Park, N.J. 07712, <201)922-9500 Attorney(s) forDefendant Third Party Plaintiff Birk Paint Manufacturers, Inc & Hess Brothers, Inc. Plaintiff(s) SUPERIOR COURT MILUTIN SUZBERIC, OF NEW JERSEY VS. Defendants, LAW DIVISION BIRK PAIN MANUFACTURERS, INC. et als HUDSON COUNTY Defendant(s) Third Party Plaintiff BIRK PAINT MANUFACTURERS, INC. and HESS BROTHERS, IN VS. Third Party Defendants, ADARAS PAINTING CO. and NICK RAKETIC and N L INDUSTRIES, INC. Docket No. l 0077466-85 CIVIL ACTION #mranmta T tlfje &tate of J-ieto 3Ter*ep, to tfje 9bobe Jftameb JSefentrant(a): N L Industries, Inc. YOU ARE HEREBY SUMMONED in a Civil Action in the Superior Court ofNew Jersey, instituted by the above named plaintiffs), and required to serve upon the attomey(s) for the plaintiffs), whose name and office address appears above, an answer to the annexed complaint ivithin 20 days after the service of the summons and complaint upon you, exclusive of the day of service. If you fail to answer, judgment by default may be rendered against you for the relief demanded in the complaint You shall promptly file your answer and proof of service thereof in duplicate with the Clerk of the Superior Court, P. O. Box 1300, Trenton, New Jersey 08625, in accordance with the rules of civil practice and procedure. An individual who is unable to Main an attorney may communicate with the New Jersey State Bar Association by calling toll free 800-792-8315 (within Neu' Jersey) or 609-391-1101 (from out ofstate). You may also communicate with a Lawyer Referral Service or, if you cannot afford to pay an attorney, call a Legal Services Office. The phone numbers for the county in which this action is pending are: Lawyer Referral Service 431-5544 , Legal Services Office . Persons who reside in New Jersey may also call their county Lawyer Referral Service or Legal Sendees Office Dated: September 15, , 19 86 Name of defendant to be served: John M. Mayson Clerk of the Superior Court n L Industries Address for service: jgjegstered Agent - The Corporation Trust Company 28 West State Street -NL 0000395Z/ Trenton, N.J. 08625 31 --N. J. SUMMONS--SUPERIOR COURT (Revised Sept 14, 1981) RVST-1 COPYRIGHTO BY ALL-STATE LEGAL SUPPLY CO. ONE COMMERCE DRIVE. CRANFORD. N. J. 07016 S' N 26089, I SUP' 'OR COURT OF NJ. FILED SEP 5 1966 CARTON, NARY, WITT & ARVANITIS Route 66 at Garden State Parkway P.O. Box 1229 Asbury Park, NJ 07712 PM JOHN M. MAYSON CLERK (201) 922-9500 * Attorneys for Defendants Third Party Plaintiffs Birk Paint Manufacturers, Inc. and Hess Brothers, Inc. MILUTIN SUZBERIC, Plaintiff, SUPERIOR COURT OF NEW JERSEY LAW DIVISION HUDSON COUNTY DOCKET NO. L- 077466-85 vs. Civil Action BIRK PAINT MANUFACTURERS, INC., OON-LUX COATINGS, INC., NEW JERSEY HIGHWAY AUTHORITY, NEW JERSEY TURNPIKE AUTHORITY, STATE OF NEW JERSEY, DEPART MENT OF TRANSPORTATION AND HESS BROTHERS, INC. ANSWER TO SECOND AMENDED COM PLAINT, CROSSCLAIMS FOR CONTRI BUTION AND INDEMNIFICATION, ANSWER TO CROSSCLAIMS, AMENDED THIRD PARTY COMPLAINT AND JURY DEMAND Defendants, and BIRK PAINT MANUFACTURERS, INC. and HESS BROTHERS, INC., Defendants Third Party Plaintiffs, vs. ADARAS PAINTING CO. and NICK RAKETIC and N L INDUSTRIES, INC. Third Party Defendants. The defendants third party plaintiffs, Birk Paint Manufacturers, Inc. and Hess Brothers, Inc., by way of answer to the second amended ccnplaint filed herein, say; N 26089.04 NL 000039528 !\ They deny all the allegations contained in the Second Amended Complaint which apply to these defendants third party plaintiffs and leave the plaintiff to his proofs. FIRST SEPARATE DEFENSE These defendants third party plaintiffs were not guilty of any negligence. SECOND SEPARATE DEFENSE These defendants third party plaintiffs deny that they breached any express or implied warranties of merchantability, fitness for use or otherwise. THIRD SEPARATE DEFENSE These defendants third party plaintiffs deny the applicability 4 of > doctrine of strict liability in tort in this matter. the FOURTH SEPARATE DEFENSE These defendants third party plaintiffs' products were manufactured in accordance with specifications of government authorities and these defendants third party plaintiffs are thereby not liable to the plaintiff for damages. CROSSCLAIM FOR CONTRIBUTION These defendants third party plaintiffs demand judgment of negligence against the co-defendants for a proportionate share of any sons that may be ajudged against these defendants third party plaintiffs and this by virtue of the Joint Tortfeasors Contribution Act N. J.S.A.2A:53A, et seq., and the Com parative Negligence Act N.J.S.2A:15-5.1, et seq. ML 000039529 I 'I CROSSCLAIM FOR INDEMNlFICftTlON While denying any liability to the plaintiff for the accident, injuries and damages alleged, if judgment is recovered against these defendants third party plaintiffs, it is hereby asserted that their negligence was not morally culpable, but was merely constructive, technical, irrputed or vicarious and that plaintiff's accident, injuries and damages arise through the direct and primary negligence of co-defendants for all such suns as may be found due against them, together with costs of suit and counsel fees. ANSWER TO CROSSCLAIMS The defendants third party plaintiffs, Birk Paint Manufacturers, Inc. and Hess Brothers, Inc., by way of answer to any and all crossclaims and/or counterclaims filed against them state that they deny each atfd every allegation of said crossclaim or counterclaim alleged against them or to be alleged against then. AMENDED THIRD PARTY COMPLAINT FIRST COUNT The defendants third party plaintiffs, Birk Paint Manufacturers, Inc and Hess Brothers, Inc., by way of amended third party complaint against third party defendants Adaras Painting Co. and Nick Raketic, say: 1. The plaintiff has instituted suit for damages against the defendants third party plaintiffs and a copy of the complaint is attached hereto. 2. While denying any liability to the plaintiffs, defendants third party plaintiffs, Birk Paint Manufacturers, Inc and Hess Brothers, Inc., contend that any injuries or loss that may have been incurred by the plaintiff were NL 000039530 l' 1 caused by the negligence and/or improper actions of the third party defendants Maras Painting Co. and Nick Raketic. 3. If defendants third party plaintiffs Birk Paint Manufacturers, Inc. and Hess Brothers, Inc. are adjudged liable to plaintiff, they then demand contribution and/or cannon law and/or contractual indemnification from third party defendants Maras Painting Co. and Nick Raketic. WHEREFORE, defendants third party plaintiffs, Birk Paint Manufacturers, Inc. and Hess Brothers, Inc., demand contribution and/or cannon law and/or contractual indemnification from third party defendants Maras Paint Co. and Nick Raketic. SECOND COUNT The defendants third party plaintiffs, Birk Paint Manufacturers, Inc. and Hess Brothers, Inc., by way of amended third party complaint against tBe third party defendant, N L Industries, Inc., say: 1. The plaintiff has instituted suit for damages against the defendants third party plaintiffs and a copy of the ccnplaint is attached hereto. 2. While denying any liability to the plaintiffs, defendants third party plaintiffs, Birk Paint Manufacturers, Inc. and Hess Brothers, Inc., contend that any injuries or loss that may have been incurred by the plaintiff were caused by the negligence, breach of warranties and/or other improper actions of the third party defendant, N L Industries, Inc. 3. If defendants third party plaintiffs, Birk Paint Manufacturers, Inc. and Hess Brothers, Inc. are adjudged liable to plaintiff, they then demand contribution and/or common law and/or contractual indemnification from third party defendant N L Industries, Inc. NL 000039531 WHEREFORE, defendants third party plaintiffs, Birk Paint Manufacturers, Inc- and Hess Brothers, Inc., demand contribution and/or common law and/or contractual indemnification from third party defendant N L Industries, Inc. We hereby certify that the within pleading was served within the time prescribed by the Rules. CARTON, NARY, WITT & ARVANITIS Attorneys for Defendants Third Party Plaintiffs .1 NL 000039532 Ba k e r Ga r b e r . Du f f y fit Ba k e r A PROFESSIONAL CORPORATION t NEWARK STREET HOBOKEN. N. J. 07030 (2011 659-2635 ATTORNEYS FOR Plaintiff Plabitif MILUTIN -SUZBERIC SUPERIOR COURT OF HEW JERSEY LAW DIVISION: HUDSON COUNTY Defendant VI. BIRK PAINT MANUFACTURERS, INC., NEW JERSEY HIGHWAY AUTHORITY, NEW JERSEY TURNPIKE AUTHORITY, STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION Doektt No. CIVIL ACTION COMPLAINT AND PLAINTIFF DEMANDS JURY TRIAL Plaintiff, residing at 301 Park Avenue, City of Hoboken, County of Hudson, State of New Jersey, complains of the defendants and says: FIRST COUNT ML 000039533 1. At all times hereinafter mentioned, the defendant, Inc., was the formulator of, manufacturer of, seller of, distributor of, and was otherwise responsible for cert^j(a*sUBAILtiQ4^fcitfiflimfliimers and paints. 2. Prior to July 6, 1984, the defendant sold to and/or furnished and/or supplied to Nikola Raketic trading as Adaras Painting Company, 245 68th Street, West New York, New Jersey, certain BUUfaMbAL.industrial nn'mr N 26089. <r 3. During the period from 1972 and up to and including the last date of employment. May 24, 1984, the plaintiff, Milutin Suzberic, was a painter in the employ of Adaras Painting Company and wa6 required to use the aforesaid TffiK ft F ^ j,T1- ge Ojfmh f nr^irmpl-rymnn t 4. During and including the entire period of years 86 aforesaid, -the plaintiff, Milutin, Suzberic, continuously and repeatedly was exposed to c ofvk%&L^n<jB-l RK^iAD*i^tiBtfHro'l^T>^4mer s and paint6 in the course of his employment. 5. On JBlj !*** * 84 the plaintiff, Milutin Suzberic, was made aware and informed by his treating physician that he had sustained and was suffering from 6. By reason of the negligence, carelessness and recklessness of the defendant, Birk Paint Manufacturers, Inc., its agents, servants and employees the plaintiff, Milutin Suzberic, was caused to be injured by said toxic and ultrahazardous lead and was caused thereby to suffer severe and permanent injuries and to become ill and disabled. 7. By reason of the premises, the plaintiff, Milutin Suzberic, was injured, bruised and wounded so that he became sick, sore, lamed and disabled, and was, upon information and belief, permanently injured, and was internally and externally injured, and was and for a long'time will be prevented from attending to his daily occupation thereby losing sums of money which he otherwise would have earned, and has expended and will continue to expend large sums of money in endeavoring to be cured of his injuries aforesaid NL 000039534 and ha6 endured and will continue to endure great pain and suffering. WHEREFORE, plaintiff. MILUTIN SUZBERIC, demands judgment against the defendant, ., on the FIRST COUNT for damages, interests and cost6. SECOND COUNT 1. The allegations contained in the FIRST COUNT are repeated as if realleged here in full. 2. The defendant, Birk Paint Manufacturers, Inc., expressly and impliedly warranted that the aforesaid BIRK LEAD industrial primers and paints were free from defects and fit for the uses intended. 3. The aforesaid BIRK LEAD industrial primers and paints were not free from defects and were not fit for the uses intended and the aforesaid defendant breached its warranties and is strictly liable to the plaintiff, MILUTIN SUZBERIC. 4. By reason of the premises, the plaintiff, Milutin Suzberic, was injured, bruised and wounded so he became sick, sore, lamed and disabled, and was, upon information and belief, permanently injured, and was and for a long time, will be prevented from attending to his daily occupation, thereby losing sums of money which he would have otherwise earned, and has expended and will continue to expend large sums of money in endeavoring to be cured of his injuries aforesaid, and has endured and will continue to endure great pain and suffering. NL 000039535 WHEREFORE, plaintiff. tULUTIN SUZBER1C, demand* judgment against the defendant. B1RK PAINT MANUFACTURERS, on the SECOND COUNT for damages, interests and costs. THIRD COUNT 1. The allegations contained in the FIRST COUNT and SECOND COUNT are repeated 86 if realleged here in full. 2. At all times mentioned herein the defendants. New Jersey Highway Authority, Hpt --Wajiarmyty and State of New Jersey, Department of Transportation, were the owners of certain highway bridges and structures. 3. On numerous occasions over the course of years aforementioned, the defendant. New Jersey Highway AuthoritV, New Jersey Turnpike Authority and State of New Jersey, Department of Transportation, contracted f's nrjJrrynni ,, fTip , r-~-m<ihg iTfiprinr ing of said highway bridges and structures. A. Tlwa,.,6 pa n I'fi^irH rri H il^rtnirnii renuiJLe.d . the use, of, L&aiLxi3RXJi flnflf 5. inti ng :ance and use of it in i 6. By reason of the negligence, carelessness and f recklessness of the defendants, Tin niaeflay-- Nu^T-Iar,BnyiTrnpi4r-r-- .rcpRfcESPgflE.-0* Jransporjiafcten^- -its agents, servants and employees the plaintiff, Milutin Suzberic, was caused to be injured by said toxic and ultrahazardous lead and NL 000039536 r<r v b s caused thereby to suffer severe and permanent injuries and to become ill and disabled. 7. On July 6, 1984 the plaintiff, Milutin Suzberic, was made aware and informed by his treating physician that he had sustained and was suffering from lead poisoning. 8. Nai:i-c*> of, Claimi-asainst the defendants. New Jersey Highway Authority, New Jersey Turnpike Authority and State of New Jersey, Department of Transportation, was duly filed in accordance with statute September 6, 1984 within 90 days of July 6, 1984. 9. By reason of the premises, the plaintiff, Milutin Suzberic, was injured, bruised and wounded so that he ^ became sick, sore, lamed and disabled, and was; upon information and belief, permanently injured, and was internally and externally injured and was and for a long time will be prevented from attending to his daily occuaption thereby losing sums of money which he otherwise would have earned, and has expended and will continue to expend large sums of money in endeavoring to be cured of his injuries aforesaid and has endured and will continue to endure great pain and suffering. WHEREFORE, plaintiff, MILUTIN SUZBERIC, demands judgment against the defendants, jointly, severally or in the alternative on the THIRD COUNT for damages, interests and costs. TO THE DEFENDANTS: PLEASE TAKE NOTICE that plaintiff demands a jury trial. NL 000039537 BAKER, GARBER, DUFFY & BAKER A Professional Corporation Attor ' Plaintiff BY ;