Document e1vnebL2DXpN4N1q0E8Yex6DM
FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1934 DOC#: EADS010 DOCUMENT DESCRIPTION: Documents from Case of Helen Zackwiejz
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ME,7 JERSEY SUER El COURT
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SOMERSET COUNTY
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iIELEN ZACIOYIEJZ, by -next friend, :
her-mother,' MARYrZ A C K W I E J J & t h e 'p~*.
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r>, ^Plaintiff,' not in*f'crm'!i -J HrrH--- V-7 the : ACTION AT LAW
,-iriffs'VMnnt', *on-vs-d ho know!e.dge `of vh mtarc of ti-.e- aid,*.-,;
COMPLAINT,
JOHNS-MANVILLE CORP., a Corporation:
iof> the State oft?New -York,.ty fcy the def en-iau* *
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'Defendantnee of tue-defendant ccmplar\?.d
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'The jplaihtiff , tre siding-:a:t Mnvil-le/* Nev/jJerley, | (
'complains iof the a bove .-named'qlefendant,vai f.oreig .corporation
as f0 II0 7 /S :- 1) In rr.i 1] r : r . tc u~e rf M-rt1.e n ' i v t t to provide
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i The-plaintiff'-v/as fin the-'employ, of the'Kle-
fendant .`.corporation,at its plant in Manville, New Jersey,
in the month of May,- '1929, ''and-"for- several '-.years- prior-'vide
:thereto'.` l a i ./ ' ^ n o t Hr plant,
2.` ;The .defendant corporation''at :the tine I';r . N
iherein set forth'was -.engaged:in'/.the-mannfacture Iof-
-asbestos products for commercial'-'`purposes'Id osb^iioa
f!'.
-3. 5 The said defendant employed the plaintiff
at the time and place above set forth in its manufacture of
said asbestos, products, and the said'defendant'-not only ore
knew, but should have known, that the said asbesto s'1prod
ucts contained certain dangerous, insidious-'arid 'harmful0-1
agencies .composed of asbestos fibers and other particles^
that wBre destructive' to- life" and health In'the* human body :
when brought .into..'closed-contact' with th 'sane1.'-1-''100 - 'lr0Qr
4* rThe 'defendant n o t 1only*1knew,r-but'' should'7have
of is as follows:
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(a) In failing to use reasonable care to provide. '
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the plaintiff with proper masks other appliances or safe
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guards in said work.
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(c) In failing to use reasonable *care to provide
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a proper ventilating system a t its plant,
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(d) In failing to use reasonable care to give
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proper warning, information and knowledge about the
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dangerous character of its work with the s aid asbestos
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fibers and particles to the said plantiff at the time and
place above mentioned.
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7, The said asbestos fibers and particles were
introduced into the plaintiff's body at the time and place
aforesaid, so that the plaintiff was permanently injured
externally and internally, in and about her head, body and
limbs causing the plaintiff great pain and suffering, both
mental and physical, greatly lowered her resistance to diset*
and she became a v i c t i m of tuberculosis and so seriously
-- '* ,,f>f t-h* snan and duration of life of this youthful
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4mm m+l I
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.her wage earnings and also the considerable amount of
medical expense involved in her effort to retard the
suffering f ro m th disease and m e n d 'th wrecking of her
body, she will be caused to suffer losses, expenses and
damages to the extent of* $100,000.00.
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The plaintiff demands the sun of'$100,000.00 `
as d a m a g e s `.from the defendant.
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Samuel Greenstone Attorney.for Plaintiff.
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HELEN Z CKV/IEJZ, by next friend,!
I-her mother, NARY ZACKWIEJZ,
Plaintiff,
-vs-
Action at Law ._ v..
i . -, JOHNS-MANVILLE CORPORATION
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Corporation of the State of.-. .I
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New York, .
..,,Defendant. ..... *. .
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.... The defendant.., J O H N S - H A N V U L E CORPORATION ,r.a, i* ;
corporation of the State, of N e w ;York,, haying, i t a principal
office in New Jerfleyi-.at.l^yille^^Somerpet,Coimty^^Bj^a,;,^
that t .
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ciir::>;c. dk;i .?L'& .K.'.
FIR ST DEFENSE t Ul'T. ft-
1. It denies paragraph. 1, except that it eayB that
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the plaintiff was in its employ at its plant in UanTille,
N. J*, f rom December 28, 1926, to the month of Hay, 1929.
2. It denies paragraph 2, except that it says that
it was and has "been engaged in the manufacture of ashestoE
products for commercial purposes from December 28,1926, to
the pres e n t time.. . .,i.. ,^ <v
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3.. ,It denies p a r agraph 3, except that it says tha
it employed the plaintiff from December 28,1926, to the
month of Hay, 1929. .
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4. It denies paragraphs 4, .5,..6,..andt.7,..____ SECOND DEIEN33
The injury and the disease alleged In the oomplaint J -nero Cue to one of the rinks of her employment u/jcumed by
i the plaintiff as part of the tende of her contract of
employment. THIRD DEFENSE
The injury and the disease alleged in. the complat
thu jilalnt 1i'f aa p/.rt of tha tormo of her contract of orii>lo,yiiiflnt In thut lha plaintiff know, or by tha oxarolB of reasonable oare on her' part Bhould have known, the alleged dangers of hor employment. .
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The
injury
and
the
disease
alleged
in
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complaint^
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caused b y contributory negligence, on the part of.'they-
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plaintiff.V,"
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. " : FIF--TH';-D-E-F-E-N-S-E
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The injury and ;the fdiseaae alleged" in' the complaint
were caused by contributory negligence on the part*of tha';
plaintiff in that the plaintiff failed to exercise-.reason
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able care to protect herself against the a l l e g e d 'dangers-o-
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her employment *b y using the mask, a nd'*other.^ai.pptl*'ianc*,,es*.':pr*o1*-
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vided by the defendant for that purpose.
. S I X T H DEFENSE ..
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The injury and the disease alleged in the complaint
were due to negligence on th part of a fellow-eervant of
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the plaintiff, in failing to w a r n and instruct the plaint:
to use the m a s k a n d other appliances provided by the ' *., * defendant for the purpose of. protecting the plaintiff-'/ `
against the alleged dangers of hr employment., ` ' ;
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: SEVENTH DEFENSE P l a i n t i f f 's action is barred because
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it w a s not
coonenced and instituted within two-yeara-next.'after^t.he^
alleged cause of action accrued.
EIGHTH DEFENSE
P l a i n t i f f 's action is barred because it w a s not
commenced and instituted within two years after the plain
t i f f 's coming to or being of full age*
y / /)s:
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
HELEN ZACKWIEJZ, by next friend, )
her mother, MARY ZACKWIEJZ,
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Plaintiff,
JOHNS-MANY ILLE CORPORATION, a corporation of the State of New York,
Defendant.
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ORDER. *
This matter coming on to be heard before me,'
in the presence of the attorneys of the parties (Samuel
Greenstone appearing for the plaintiff and H o b a r t & Minard
appearing for the d e f e n d a n t ) , on the return of the rule to
show cause allowed herein on 7 ^ day of
, 1930
why the summons should not be quashed and the complaint
dismissed o n the grounds stated in said fule, and the court
having taken the testimony of the parties in open court,
and it appearing that the attorney for the plaintiff was
properly retained and authorized to commence the above
action; and the attorneys for the defendant having consented
in open court to dismissal of the said rule;
It is, on this
day of April, 1930,
ORDERED, that the said rule to show cause be
and the same is hereby dismissed without costs.
?UnitedJstates District Court j Judite.
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UNITED STATES DISTRICT COUl't FOR THE DISTRICT OF NEW JERSEY
HELEN ZACKWIEJZ, "by next friend, her mother, MARY ZACKWIEJZ
Plaintiff .
vs.
JOHNS-MANVILLE CORPORATION, a Corporation of the State of New York,
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I Defendant ,
fiction at Law. ORDER FOR DISCOJfTIXUAXCE. ,
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Tibe above entitled cause having been settled between the parties thereto; i-
It is ORDERED, that five same be, and it is hereby discontinued, without 0Ai to,either party
as against the other.
Entered JUH6 13,
10 34
On motion of
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jy't lr~ 0L*sl d Jj\ Attorneys of defendant