Document j5dVBZJ2gz9BVoBr7rQpmd2p

\ ., i i< Steven Kazan. Esc. STEVEN KAZAN, A Law Corporation 171 Twelfth Street, Suite 30G Oakland. California 9*607 Telephone: (415) 465-7728 Attorney for Plaintiff HAY-? 1932 REM C OAHCSC* Ceun^Ork %f. <5 Gt mn, PLAINTIFF'S EXHIBIT WVAU23 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA N AND FOR THE COUNTY OF ALAMEDA 15 16 17 I 18 19 20 r 21 I22 23 I 24 25 I 26 imi kazah iu omunoi mimmratir WR1M uom. tMjr. umi a m rr HARRY P. MOGPSS Plaintiff, vi. JOHYS-MANYIU.E CORPORATION, XHNS-MANVILLE SALES CORPORATION. JOWS-MANVILLE CANADA INC. EGNEP.LTD.. NORTH AMERICAN ASBESTOS, ASBESTOS CORPORATION, LAKE ASBESTOS OF QUEBEC LTD- ASARCO INC. GENERAL DYNAMICS CORPORATION, CAPE ASBESTOS COMPANY OF SOUTH AFRICA. NICGLET, MC,, RUSEROSD CORPORATION. CELOTEX CORPORATION, F18REBOARD CORPORATION aged herein as FIRST DOE. SECOND DOE thnjtfgh TWO HUNDRED TENTH DOE. Inclusive. Dafandants. NO, 534773-9 FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES? STRICT LIABILITY? NEGLIGENCE? FRAUD AND CONSPIRACY Plaintiff HARRY P. HOOPES alleges* FIRST CAUSE OF ACTION Plaintiff HARRY P. HOOPES lot and behalf of himself, brings this action on * /{( WV-01223 1 a )' .i 91 10 ?r tt rf b SfCVIN KAZAN >U* &**++** mcrLwUvffLat.nnuxuars.Maa ** Mm* wiawMVi* hi* own behalf. The masculine form as used in this complaint, if applicable ai shewn ty Che context hereof, eppiies to a female person or a corporation u. Plaintiff does not know the true names and capacities, whether corporate, tesociate or individual of defendants sued herein as SECOND DOC through TWO HJNDRED TENTH TOE. inclusive, and each of them, and for that reason prays leave ts insert the true names and capacities of said defendants when the same are ascertained. Plaintiff Is informed and believes and therefore alleges that each of the defendants designated herein as a DOE is negligently. intenticneUy and/or strictly Hatfle or responsible in some manner for the events and happenings herein referred to. and proximately caused injury and damages to plaintiff thereby as herein alleged. m. At all times herein mentioned, each of the defendants was the agent and employee of each of the remaining defendants, and was at ail times acting within the purpose and scope of said agency and employment, and each defendant hat ratified and approved the acts of the remaining defendants. IV. Defendant OOHNS-MANVIU-E CORPORATION. JOHNS-MANVILLE SALES. CORPORATION, JOhNS-MANVTLLE CANADA INC- EGNEP, LTD, NORTH AMERICAN ASBESTOS. ASBESTOS CORPORATION. LAKE ASBESTOS OP -QUEBEC. LTD.. ASARCO.INO. GENERAL DYNAMICS CORPORATION, CAPE ASBESTOS COMPANY OF SOUTH AFRICA. NTCOLET, INC- RUBEROIO CORPORATION. CELO'TEX CORPORATION, F1BREBOARD CORPORATION, *ued herein as FIRST DOE. SECOND OOE through TWO HUNDRED TENTH DOC inclusive, were et Ul Uf 2. 1 3 4 5 6 7 8 jf 9X i 4 10 11 12 13 14 is ;; * 17 18 19 20 i 21 I 22 I J23 24 23 i 28 $mtCA&tK u eMOft*no m vnutrr wtcm MB* WUMftfrn* <n*aamt ail times herein ana still are corporations authorized to and doing business in the State sf California. V. At all Umea herein mentioned defendants, and each of them, were engaged In the business of mining, manufacturing. aeembOng, supplying, packaging and labelling asbestos, and products produced therefrom, far sale to and use by the members cf the general public a* well as eg ocher parties tor use of the said products to manufacture and supply products therefrom. VL At all times herein mentioned, defendants FIFTY FIRST DOE through TWO HUNDRED TENTH OQ were Officers end Directors of named defendants herein and FIRST DOE through FIFTIETH DOE. VH. The defendants, and each of them, acting throu^i their agenu. servants tnb/cr employees, cause and have caused in the past, certain asbestos and silica containing products and asbestos and silica related Insulation and building macerfsls. to be pieced in the stream of interstate commerce with the result that said products and materials came Into use by plaintiff, VffJ. Plaintiff HARRY P. HOOPES was a worker who for the period IT46 through *'57 Z continually worked with and was closed to the asbestos and silica products and asbestos and silica related insulation and building materials mined, manufactured, processed. Imported, converted, compounded and/or sold by the defendants, and each of them. During the course of his employment, plaintiff was exposed to asbestos and ether noxious materials while employed at Fibreboard in Emeryville. California. /// ' /f'3 I 1 If 3 2J : 41 5: 6 7i 8: 9 to It 12 13 i 14 : 15 ! is: t iV is; 19 20 21 22 23 24 | 25 26 S imt* %xu* eo*-urw* n *wumr**fT ****** e*j* MR minimi tRAMMII IX. During the course and scope of hie employment, plaintiff was exposed to asbestos and silica preduets and asbestos end silica related materials of defendants, which exposure directly and proximately caused him to develop an illness known and designated as pneumoconiosis, asbestos!*. silicosis and/or lung cancer, and other illnesses and disabilities whose relationship to asbestos and silica Is as yet unknown to plaintiff herein, the pathological effect of which was without noticeable trauma and was unknown to plaintiff. X. , The Illness end disability of plaintiff Is the direct and proximate result of the negligence of the defendants, and each of them, in that they produced, sold end otherwise put into the stream of interstate commerce, the foregoing materials which the said defendants, and each of tt*m, knew, or In the exercise of ordinary care should have known, were deleterious, poisonous end highly harmful ts plalrAlIP* body, lunge, respiratory system, akin and health, XI. Plaintiff exercising reasonable diligence, discovered the *for*Alleged conduct, misconduct and culpability of defendants, and nth of them, on or after March. 1990. whan plaintiff was diagnosed with mesothelioma. PIaimiff could not have discovered such condition sooner because such condition was brought about without noticeable trauma until U had advanced ts such a point that diagnosis could be made; such diagnosis required the services of an expert and plaintiff did net posses such expertise so that he could not know in the exercise of reasonable ears of the cause of his injury until such time as he was diagnssed and advised. Plaintiff could not know until such advice of the culpability of the defendant*, and each of them, /// \ 1 <1 2 3 4 5 6 if 7 8 9 10 11 12 13 14 15 16 17 ? 18 > 19 20 21 22 23 24 25 26 rrrvtN ***** *mur**eifsfn**w**ru**r*t wmm WkAlhaft, (Ml. Mill XU. A* 9 direct and proximate result of the conduct of the defendants, and each of ttem. plaintiff suffered and sustained prolonged pain and suffering, the necessity fer additional treatment, injuries including, hut not limited to. obstructive and/or restrictive pulmonary disease, asbestosis, silicosis and/or lung cancer, severe shock to his nervous system, and other injuries, the exact extent of which are presently unknown to plaintiff. XS1. By reason of the aforesaid premises, it was necessary for plaintiff to encage the services of physicians, surgeons, and hospitals; plaintiff does not know the reasonable value of said services which have been or may be reasonably required In the future and requests leave to amend this complaint to insert said sum when it is ascertains. XIV. By reason of the aforesaid premises, plaintiff was impaired in his ability to pursue his normal occupation for certain periods after the data of said events. However. 44 plaintiff has not yet become disabled within the meaning of section 340.2 of the Code of Civil Procedure. Plaintiff does not now knew the value of the employment which has been end may be lent to him in the future, and requests leave to emend this complaint to Insert the reasonable value thereof when such is ascertainable. XV. By reason of the aforesaid negligence of defendants, and each of them, plaintiff has been damaged to his health, strength, and activity in an amount in excess of S1S.QQQ.0Q in addition to special damages herein alleged. WHEREFORE, plaintiff preys Judgment as Is hereinafter set forth. II! Ill /// 5 1 1 ij 2v 3? i; 4 il 5! a 63 s 7i h 8' r* 9 *i n 12 15 2 * H 17 20 21 22 23 24 25 26 SUTtWEVCf9N**OKUAfZWAMN> n rartisnT*cn urftJM ilUe, fefcLtf.IMVI' SECOND CAUSE OF ACTlCN AS AMD FOR A SECOND CAUSE OF ACTION, plaintiff complain? of defendants, and each of them, and alleges: i. - Plaintiff by this reference hereby incorporates-and makes a part hereof as thcugn fully set forth herein at length all and singular the allegations contained in the Firs: Cause of Action herein, excepting therefrom allegations pertaining to negligence. t G. The defendants, and each of them, impliedly warranted that the said materials were of good and merchantable quality and fit for their intended use. flL The implied warranty made by the defendants, and each of them, that the .. asbestos, silica and asbestos and silica related materials were of good and merchantable quality for the particular intended use was breached in that certain harmful, poisonous and deleterious matter and particles were given off Into the atmosphere wherein plaintiff and others in his position carried out their duties as workers working with sucn materials and other related materials. - IV. Aa a direct and proximate result of the breach of implied warranty of good and merchantable duality and fitness for the particular intended us*, plaintiff deveicced an tUnesu to wit: obstructive and/or restrictive pulmonary disease, asbestosis. silkssis and/or lung cancer or other asbestos and silica related Ulness which cause great disability, as previously set forth. By reason of the premises, plaintiff has been damaged to his health, strength, snc //'c 1 z 3 4 s $ 'Aj 7 8 9 p 11 t 12 S 13*. 14 4 15 15 S 17 18 19 20 21 22 23 24 25 26 SrtVlM KAZAN iu eoMWuneH mfift/TMimn *rr*~ S4J4**.cu*.avr *** activity in an amount in excess of SU.Q00.00 in addition u special damages herein alleged. WHEREFORE. Plaintiff prays judgment as is hereinafter set forth. THIRD CAUSE OF ACTION AS AND FOR A THIRD CAUSE OF ACTION, plaintiff complain* of defendants, and each of them, and alleges: 1. 9 Plaintiff by this reference hereby incorporates and make* a part hereof as though fully set forth herein at length ail and singular Una allegations contained in the First Cause of Action herein, excepting therefrom allegations pertaining to negligence. 2. At all times herein mentioned, plaintiffs employer purchased from defendants, and each of them, asbestos, silica and asbestos and silica produces hereinafter referred to as the defective and improperly labeled products. m. Defendants, and each of them, knew that the aforementioned products would be used without inapecticn for defects by the user thereof. rv. At all times mentioned herein, plaintiff was gnawire of the dangerous nature of the aforementioned products. V. At all times mentioned herein, defendants, and each of them, were aware of the dangerous and defective nature of the aforementioned products. VL The aforementioned products were used by pi*insift in the manner for which trey were intended- /A7_ 2 3 4 5 6 7 8- n [i 12 s 13 | UL & 16 jj 17 5 18 ( 20 21 22 23 24 25 26 STfVtN KAZAN juvcsm*uftft* in rvnmtntm M)TV* ouuaa. cm*. **<**91 * A* a direct and proximate result of the foregoing conduct, plaintiff developed an illness, to wit: obstructive and/or restrictive pulmonary disease, esbestosis. silicosis, and/or lung cancer or other asbestos end silica related iUneare* which caused greet disability as previously set forth. vm. As a proximate result of defects in these aforementioned materiel*, plaintiff has been generally damaged as is more fully set forth herein and in addition has sustained special damages hereinabove alleged. , IX. Th foregoing acts of the defendants, and each of them, were done wantonly, willfully, oppressively and In conscious disregard for the safety of plaintiff herein, by the defendants, and each of them. In that the defendants and each of them, prior to and at the time of the sale ot the aforementioned products to plaintiff's employer knew that the foregoing materials were dangerous when inhaled, gave either insufficient warning thereof <* no warning at all and In no way placed sufficient warning on the said materials or an their packaging warning of the dangerous nature thereof, knowing that the said materials would be used by piaimiff and others who had no knowledge of the dangerous and hazardous nature thereof and plaintiff is entitled to punitive damages hereunder. * WHEREFORE, piiinttff prays Judgment s is hereinafter set forth. FOURTH CAUSE OF ACTION AS AND FOR A FOURTH CAUSE OF ACTION, plaintiff complains cf defendants and each of them, and alleges: /// /s-r 2 3 4 5 6 7 6 9 It u 12 2 13 I I 15 | t is ; 17 jj E18 ia I 20 1 21 I 22 23 24 1 25 26 STCVtN KJmUN tutttwowim m rmmr* ftutiT aurrviw *fU**6M*-M"* ** urn Plaintiff by this reference hereby incorporates and makes a part hereof as though fully set forth herein at length all and singular the allegations contained in the first Cause of Action herein, excepting therefrom allegations pertaining to negligence. 5. At all times pertinent hereto, the defendants, and each of them, owed plaintiff a duty, as provided for in Section 1708 through 1710 of the Civil Code of the State of California. to abstain from Injuring the person, property or rights of the plaintiff. In violation of that duty, the defendants, and each of them, did do the acts and emissions, when a duty to act was imposed, as set forth herein, thereby preximately causing injury to the plaintiff as is more fully set forth herein. Such acts and omissions consisted of acts falling within Section 1710, and more specifically were suggestions of fact which were not true and which the defendants did net believe to be true, assertions of fact of that which was not true, whieh the defendants had no reasonable ground for believing It to be true, and the suppression of fact when a duty existed to disclose It, all as are more fully set forth herein, and the violation of which as to any one such item gave rise to a causa of action for violation of the rights of the plaintiff es provided for In the aforementioned code sections. m. Snce 1924, the defendants, end each of them, have known and have been pomemed of the true facts consisting et medical and scientific data and other knowledge which dearly Indicated that the materials and products referred to herein were and ere hazardous to tte health and safety of toe plaintiff, and others in plaintiff's position working in close proximity with such mettrial* and have known of the dangerous pro pensities of other of the aforementioned materials end products since before that time ard with intent to deceive plaintiff, and others in his position arvd with intent that he ar.e /& 1 I: such others should fee end remain ignorant of such facts are with intent tc ineuce ji 2 plaintiff and such others to alter his and their positions to his and their injury and/or risk 3 1 an<J in order to gain advantages did do the following acta: *? 5i i4t 6 ?' 12 13 l i 14 | 15 * 16 ' 37 : 18 j 19 20 |i 21 22 I 23 I 24 25 26 f rmN KAZAN | n ivb^w mot | **nm **u**tu#*m > t i (a) Defendants, and each of them, did not label any of the aforementioned asbestos-containing materials and products as to the hazards of such materials and products to the health and safety of plaintiff and ethers in plaintiff's position working in close proximity with such materials until 1954 when certain of such materials were Ubelied by some, but not all. a of the defendant* herein when the knowledge of such hazards was existing and known to defendants, and each of them, since 1924. By net labelling such materials as to their said hazards defendants, and aach of them, caused to be suggested aa a fact to plaintiff and plaintiff's employer that it was safe for plaintiff to work In close proximity to such materials when in fact it was not true and defendants did not believe it to be true; (b) Defendants, and each of them, suppressed information relating ts the danger cf use of the aforementioned material* by recuesting the tuepreslcn cf information to the plaintiff and the general public concerning the dangerous nature-ofthe aforementioned materials to worker* by not allowing such information to be disseminated in s manner which would give general notice to the public and knowledge of the hazardous nature thereof when defendants were bound to disclose such information; (c) Defendant*, and each of them, sold the aforementioned product* anc materials to plaintiffs employer anti other* without advising such 10 ///O 13 14 r 15 16 17 16 19 20 2^ 22 23 24 25 26 rrm* KXLkM ueoao*itim nm/Mmar imm 'BUM*, cau ** *ta*ma employers and others of the dangers of use of such materials to parsons working in close proximity thereto when defendants knew of such daggers, as set forth herein, and. as set forth above, had a duty to disclose such dangers. Thereby, defendants caused to be positively assarted to plaintiff's employer of that which was not true and which defendants had no reasonable ground for believing it to be true, in a manner not warranted by the information possessed by said defendants, and each of them, of that which was and is not true, to wit. that it was safe for plaintiff to work Inclose proximity to such materials; (d) Defendants, and each of them, suppressed from everyone, including plaintiff and plaintiff's employer, and continue to suppress, medical and scientific data and krw!edge of the results of studies, including but net limited to the information and knowledge of the contents of the Cants report by participating in the influencing of A.3. Lanza to change hit report, which altered version was published In Public Health fteoetts. Volume 50 at page 1 In 1935. when they were bound to disclose it. and causing plaintiff to be and remain ignorant thereof and by getting Asbestos Magazine, a widely disseminated trade journal, to omit mention of danger, thereby lessening the probability of notice of danger to the users thereof; (t) Defendants, and each of them, belonged to, participated In, and financially supported the Asbestos Textile Institute end other industry ofgni2aticm which actively promoted the suppression of information of dvtger to user* of the aforementioned products and materials fer and on behalf of defendants, and each of them, thereby misleading plaintiff ano plaintiffs employer to their prejudice through the suggestions enc u ll 1 21 3| 4j 5\ 6\ l 7 i, 8 :1 * 9 '> io ; i 12 13 i. r 15 16 17 . 18 : 19 20 21 22 23 24 25 26 STIYtN ***** nfwcLnwrTfctrr wntm wmm+rm decepticns sec forth above in this cause of action. The Dus: Central Committee, which changed its name to the Air Hygiene Committee, of the Asbestos Textile Institute was specifically enjoined to study the subject of dust control; discussions in such committee were held many times of <i) the dangers ir**erent in asbestos end the dangers which arise from the lack of control of dust and (11) tto suppression of such information from 2946 to a date unknown to plaintiff at this time; (f) Commencing in 2930 with the study of 3ohns-Manviile workers at the Thetferd Mine in Quebec. Canada, end the study of workers at RayOeitos-Manhattan plants in Manheim and Charleston. South Carolina, defendants knew and possessed medical and scientific information of the connection between Inhelstlw of asbestos fibers and asbesissis. which information was which information was disseminated through the Asbestos Textile Institute and other Industry organizations to all ether defendants, and etch of them, herein. Commencing in 2946 to 2950 the defendants, and etch of them, knew end possessed medical and scientific information of the connection between irhaiation of asbestos fibers and cancer, which information was disseminated through the Asbestos Textile Institute end other industry erganaations to ail other defendants herein. Thereby, defendants sgggested as a fact that which is not true aid disseminated ether facta likely to mislead plaintiff and plaintiff's employer arri which did mislead them for want of communication of true facts which consisted of the eforedescribed medical and scientific data and other knowledge by not giving plaintiff or plaintiffs employer the true facts concerning such knowledge of danger, when defendants were bound to disclose it; 12 ///i- 1 2 3 4 5 u 6 7 10 ' 11 12 j 13 | 14 i i! 15 ; 17 18 19 20 21 22 23 24 25 26 STfVCN KAZAN 4 u* caaMuno* mtw^Tvcnu3CT wn lat vwu-4*a.e4u*M" tnftM'*'* (g) Tail to warn plaintiff and plaintiff's employa? of the nature of the laid material*, to wits dangerous when breathed, causing pathologies! effects without noticeable trauma, when possessed with knowledge mat such material was dangerous and a threat to the health of persons coming into contact therewith end under a duty to disclose it; (h) Fail to provide plaintiff with informaticn concerning adequate protective masks and devices for use with and application and a installation of the products of the defendants, and each of them, when they knew that such protective measures were necessary, when they were under a duty to disclose such infermetien, and if not advised as to use would result in injury to the plaintiff and others epplylng end instilling sued* materials; (1) Conceal from plaintiff the true nature of the Industrial exposure of plaintiff* the fact that they and each of them, knew that plaintiff and anyene similarly situated, upon inhalation of asbestos would. In time develop Irreversible conditions of either pneumoconiosis, asbestosis or cancer, or all, and such person would Immediately be in not good health, the fact that he had in fact been exposed to harmful materials and the fact that the materials to which he was exposed would cause pathological effects without noticeable trauma, when under e duty to and bound to disclose It; and (j) fan to provide information to the public at large and buyers, users end physiciens employed by plaintiff and plaintiff's employer for the purpose of conducting physical examinations of plaintiff and ether* working in contact with tsbestot as to the true nature of the hazards of asbestos, in order fee such physicians to diagnose, and treat workers coming into >3 //>/7 1 2 3 4. 5 6A II ?3 i 6 9 10 11 12 I* 13 : S 14 & 15 ?. 16 % ' *t ir 18 fi 19 5 20 j 21 ! 22 23 24 I 25 26 tTCVtN KAZAN <u co**c**tw n TWtLSTta fTftR? hot** XLUL ftijjr MOB Ml* *ii tf'JI mi* nmi 1 | 1 contact with asbestos, in that the materials to which plaintiff had been exposed would cause pathological effects without noticeable trauma, when under a duly to supply such information and such failure is likely ts mislead for want of communication of such facts. !Y. Each of the foregoing acts, suggestions, assertions and forebearances ta set when a duty existed to act, the said defendants, and each of them, having such knowledge, knowing the plaintiff did not and would breathe such material innocently,* was dene falsely and fraudulently and with full intent to induce plaintiff to work in a,dangerous environment and to cause plaintiff to remain unaware of the true facts, all In violation of Section 1710 of the Civil Code of the State of California, V. Plaintiff relied upon the said acta, suggestions, assertions and forebearances; hsd plaintiff known the true facts, he would net have continued to work In the said environment, YL By reeson of Uv premises, plaintiff was damaged In his health, strength and activity in addition to special damages hereinabove alleged, VC. Cach of the said acta and forebearances to act were done falsely, fraudulently enc maliciously, and plaintiff is entitled to exemplary end punitive damages. The foregoing acts of the defendants, and each of them, were done wantonly, willfully, oppressively and in conscious disregard for the safety of plaintiff herein by the defendants, and each of them. In that the defendants, and each of them, prior ta end at the time of the sal# cf the aforementioned products to plaintiffs employer knew thet the foregoing materials were dangerous when Irhsled, gave either insufficient warning thereof or no warning a: 14 //*r * 1 fill and in no way placed sufficient warnings on the said materials or on their packaging 2 warning of the dangerous nature thereof, knowing that the said materials would be used 3 by plaintiff end ethers who had no knowledge of the dangerous and hazardous nature 4 thereof and plaintiff is entitled to punitive damages hereunder. 5 vm. 6 Plaintiff had no knowledge of the foregoing acts at the time when they were 7 committed, is not charged with knowledge or inquiry thereof and only learned of such 8 facts in or after March, 1990. Plaintiff could not have discovered such condition sooner 9 because such condition wes brought about without noticeable trauma until it had 10 advanced to such a paint that diagnosis could be made; such diagnosis required the J 11 services of an expert and plaintiff did not possess such expertise so that he esuid not l i 12 know in the exercise of reasonable care of the cause of his injury until such time is he 13 was diagnosed and advised. Plaintiff could not know until such advice of the culpability 14 of the defendants, and each of them. 15 WHEREFORE, plaintiff prays Judgement as la hereinafter set forth. 16 5 I 17 FIFTH CAUSE OF ACTION i i 13 ' I t 19 AS AND FOR A FIFTH CAUSE OF ACTION, plaintiff complains of defendants and * 20 each of them, and alleges: <i i 21 4 l1 i 22 Plaintiff by this reference hereby Incorporates end makes e part hereof as thcuch 23 fully set forth herein at length &U and singular the allegations contained in the First 24 Cause of Action herein, excepting therefrom anegations pertaining to negligence ans 25 agency and the Fourth Cause of Action herein. 26 /// kh OTT 15 a i[ n. At ail times mentioned. the defendants, and each of them, knowingly and willfully conspired and agreed among themselves to perpetrate upon plaintiff the acts complained of as set teeth In the First and Fourth Causes of Action as are incorporated herein in the Fifth Cause of Action. m. Defendants, and each of them, did the acts and things herein alleged in Paregracn ! M s; 10 n of the Fourth Cause of Action, incorporated herein, in furtherance of the conspiracy and agreement as herein alleged and did further conspire to violate State and Federal t* laws and regulations, the exact nature end extent of which are unknown at this time. Cut i i ' 12 13 14 i known full well to defendants and each of them. TV. Each of the said acts and forebearances to act were dene falsely, fraudulently and f | t maliciously, and plaintiff is entitled to exemplary and punitive damages. The foregoing 1 n3 is ji 17 I 18 | 19 I 20 I |21 I 22 23 24 25 26 rttVtK KUiN uw es* tKIWTMmfl K<rrtM* a**uo. c*trf. t? tutm+rm I jj acts of the defendants, and each of them, were done wantonly, willfully, oppressively and , .i In conscious disregard fee the safety of plaintiff herein by the defendants, and each of them. In that the defendants, and each of them, prior to and at the time of the sale of j the aforementioned products to plaintiff's employer knew that the foregoing materials were dangerous when Irfcaled. pave either insufficient warning thereof or no warning at all and In no way placed sufficient warnings cn the saidrntterteia or on their packaging warning of the dangerous nature thereof, knowing that the said materials would be usee by plaintiff end others who had no knowledge of the dangerous and hazardous nature \ t t i I r thereof and plaintiff h entitled to punitive damages hereunder. * V. 6y reason of the aforesaid acts of defendants, end each of them, plaintiff was damaged to his health, strength and activity. \ii