Document kmxBy3argp8xrmYRr376BGm9B

KLLSLY-S.UIIUU) UJMC C62 i Kuiiuiii Slice! Ilou'ivn, Tees* 7T0J$ 29 April ISGO Ben L. Reynolds, Attorney Royston, Rayzor 6 Cook e77 San Jacinto Building Houston, Texas 77002 Re: Claude J. Tomplait (17,233) 29-<'S-l Dear Mr. Reynolds: It was my pleasure to see Mr. Claude J. Tomplait on 27 April 1960. He has more them a 20-year history of occupational exposure to asbestos, and a 10-year history of increasing breath lessness and nonproductive cough to the point that, at present, he is unable to do more than sedentary activity without breath lessness. Physical findings are those typical of pulmonary fibrosis. His pulmonary function test discloses restrictive ventilatory defect without significant airway obstruction. His chest x-ray shows increased markings in both lower lobes and diaphragmatic calcifi cation, the latter finding being noted extremely rarely, if ever, in any disease except asbestosis. In my opinion, the diagnosis of pulmonary fibrosis associated with asbestosis is unequivocal. Thank you for the opportunity of seeing this interesting case. If additional information is needed, please let mo know. Sincerely yours Stanton P. Fischer, M.D. SPF/pl Enclosure -TV-?----- -T~.- PLAINTIFF'S | EXHIBIT \ WV-0OQ#U> 'W a . :: 111^ ** -- . . _ - . ,, /* .. ' - - *. / . - - - -N < vJ TJ-3U-62" r * 20/S0; ? J5; Lnorc/. * -'. c- (O'i &* Cww? SUMMONS IN A CIVIL ACTION * or. u 0-44) United states Biatrlri dnurt FOR THE EASTERN DISTRICT OP TEXAS, BEAUMONT DIVISION EX. 5*9 ` CIVIL ACTION FILE No___ 'LlTM CLAUDE i. TOUPLA IT uj2o** Plaintiff T. _ !&t *5 n COMBUSTION ENGINEERING, "S'1 ET AL Defendant p co r? ua O X w s o s c *3 c < D H O s oca cr ii SUMMONS i fe 8 f! u h -i To the above named Defendant EAGLE-PICHER INDUSTRIES, INC., service to be mad upon Its agent. C.T. Corporation System, Republ. National Bank Building, Dallas, Toxas. if5fl/i?fl^inS(qtf,|Acf'BciVRP0ipei ip > psiicq 2ii vi>t*p>i w* (2Evr] Bon. Ward Stephenson .......... qsX oi * 18 plaintiff's attorney , whose address ig: genprscupGq uu^q roioui ro ^poioir, wSct`ertph. enson B,, u,i.ldi.ng Orange, Texn6 77G30 geL/jco -- "BL ."......... fpra y.u* vi0l*VnV an'answer to the complaint which is herewith served upon you, within twen tydi}!i',iIt2r':sfcrv9Atof Ihis yivusiivr.a yaa .................................... *................. ........................ Wmmonj upon you, exclusive of the day of service. U you fail to do so. Judgement by default will be taken against you for the relief demanded in the complaint JAMES R. COONEY Date: December 23, 1966 \ (Seal oi Court) DtjMtt Clark. I LGCGiaeq rpn anuuuoua euq tcL/.eq rc foKctpct Miry fpo coujhjsiuf pr.iciu tw (0[j0Ma: Nalat--TUa tamaan Ii Uned ,vnul l Rale t at tbt Marti Role, eraril Freeedare. I pstepX csiqil voq ufnui' rpur ou qje qvl o; jg KEXnifM Old BEUAICE Ofc MKII V RETURN ON SERVICE OF WRI1 I hereby certify end return, that on the _^|r|t ttfuiu0 | )w0vq bflifnfUf C 1 *l Ip* day of Bnlv* l 0*11 V04*^** I received thin summons and terved it together with the complaint herein ai follows: 19 psft: oacc:*.j.L-i. Z?.' J3EG lije-q oi conul -`--rV\*1,V''. .* >- , vVtr. >* *'; _ ""^ESTE*" C22S55T ' ..N..a...*. r oXc^m' gamer loo {oi rp& ic];ci qeuisuqeq iu rps cou)l>|mur emuujoua nbou loo' 6itcjrrii/.6 o{ rpe qok oi aou.iov n Ion tarj fo qo so1 InqSoiuour p). qcpnjr auj] p6 fOftsu I^akshax/s ytftt? an 0U?IACV fo rp- couibpiuf tf.picji ra'pcuwitp w*M-q nbou >7on* aSrpiu Travel___ $------------------- --> Service------------------------- By-------fiU._u.;c., roizti : -y'Zo Deputy United State* Marshal. - . .. . . ,, v# po; tC; p:.T ; ,TUvl Subscribed and sworn to before me, a bpmffti.4 o({ou;>. apu.s aqiji/w ' >: day of , 19 this (SEAL) .r.MI* grObpOPEOU aq rr nnoD------u--"---------"-*--4--8--u-,-e--*--M- ----k--p----r--u--* D.oi,. I fp/:' r T;.'* jy-'j t;.-. * j,o rpc poA6 usiucq )C|suq^u( . .. .i:. ; ;>.' " p* j,* co;.'o->i or*oc jte&np.TTc SV-.-rs-iilC'in-: Xl.CiirMUlEW' JMC* ' tc.i.\7co to pe rraqc [)&tcuqaur ut J..ii r vr oVfcufc 3u ; Oil F.UGlKEEL*liiC` r i i a' -5k 1 I *j bP'urru JQS j: cibLdI; jorjurvii R< 2 *O< fc < CO z o oc S 3* II CO anviwovte ciAir vc-uom tire no- ?s hve.ir.ifit Pisj.vicx ox j.exv2* BEvnwovu diaigioj: ton XHE gwte SJIQIMCI tnwHOna in y ciAir vcxio* U***!> xjr C* Mr ** *** Oi' ) (Ht) ' ' i f. RETURN ON SERVICE OF WRIT ' hereby certify r.-d reU>rc fV"'- cr tb* tmuuiott. p Ma if * IF` ! * -- **l t:!M " t *!! I received this summons and served it together with the complaint herein as follows: 10 DSft: t-sccr.i.ii. 32' J320 lijcTj 01 cemr] ~lTcy?*- W.-!-- vr CToT*kv.iS.N..c..i.^r V\ `tlM cCoi^jT vKstosf ion iol fpc u.|jci qcurouq&q iu fpe cotubj-jiof niuuiou* nbou ion' exqn/.e o[ rp6 q/. 01 eu/ju,- r ion isi| fo qo so* InqEctucur p). qcian|t <qn P6 r3tGV Marshal's Fees ---- ------- ---..................... .............:.......... ............. mi ou?.itci to r|)- cou/bjsiuf if.picji a pcu.//.|fp ici/.t-q nbou /.on' v.irpiu c'.^v j !St<f<rs-'^f&'-z Travel----- t............ --1-- Service -- ..................... By________________________ _________________ riLLL;':c* ,:.os:a : t.o * *' . *1Qt c r!>v. Ty-1 Subscribed and sworn to before me, a Deputy United Statu Marshal. this b]Diu(!H. 5((LUo>. ' jtpo.-o nqiiim'.* day of , 19 . (SEAL] .;-/ir* q 2 rolipc.i/EoiJ loepo X)cicuqaur Vr -3u ; 0.1 F.UCI llEEL'l iiO1 &I *e 0 :! I I i *! I! A' bRuf!a CltHiDV jonorvix & *0 z 0X 1 o 5 $<9 CO z O ces S2 s CO $ a ycbnpTyc pe t'i'jqe envmov.z ciwr vciioM tire mo- b*os tVeiEUii D12J.H1CX OR J.EXV2* BEVflrfCUX D1AI2101? hOH J.HE UMtftp jta{ut{ @01x14 enwwowa im v ciMr vcxiom O' cr k"* nC* lP*'*l' <ril>) \ V, C- V / X IN THE UNITED STATES OISTRICT COURT T 1 l-- JfTr ,, nEC2 3B6Dlt,, FOR THE EASTERN DISTRICT OF TEXAS j^jfo^oTa^rCu. S. Court DEAUMONT DIVISION _ HAZEL . STUDDAKD____ BX---------- - DEPUTY CLAUDE J. TOMPLAIT VS. : : CIVIL ACTION HO.JS'/jtZ COMBUSTION ENGINEERING,: INC., ET AL : COMPLAI_NI TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW CLAUDE J. TOMPLAIT, hereinafter called plaintiff, complaining of^OMBUSTION ENGINEERING, INC., yR. 6 I. REFRACTOR AND INSULATION CORPORATION,*JOHNS- MANVILLE SALES CORPORATION, JOIINS*MANVILLE PRODUCTS CORPORATION, JOHNS-MANVILLE FIBER GLASS, INC., "bwENS-CORING FIBER GLASS corporation/pittsburgh corning corporation/gustin-bacon MANUFACTURING COMPANY,*PITTSBURGH PLATE AND GLASS COMPANY, *FIBREBOARD PAPER PROOUCTS CORPORATION and EAGLE-PICHER INDUSTRIES, INC., hereinafter called defendants, and for cause of action, plaintiff alleges: 1. That the ground upon which the jurisdiction of this Court depends is diversity of citizenship of the parties hereto. 2. That the amount in controversy herein exceeds the sum of Ten Thousand ($10,000.00) Dollars, exclusive of interest and costs. 3. That plaintiff is a resident of the State of Texas, and resides in Orange County, State of Texas. u.-s. c; . v " CW*f ` 0,M'Ct. TOas ,, 4. That defendant COMBUSTION ENGINEERING, INC. is and during ail of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the State of Delaware; that such defendant has an agent for service, to-wit, C. T. Corporation System, Republic National Bank Building, Dallas, Dallas County, Texas. 5. That defendant, R. 5 I. REFRACTOR AND INSULATION CORPORATION is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of some -State, with an agent for service; however at this time, plaintiff does not know the name and address of such agent for service. 6. ' That defendants JOHNS-MANVILLE SALES CORPORATION, JOHNS-MANVILLE PRODUCTS CORPORATION and JOHNS-MANVILLE FIBER GLASS, INC. were and during all of the times herein mentioned were corporations duly organized, created and existing under and by virtue of the laws of the State of Delaware; that all of such defendants have an agent for service, to-wit: PrenticeHall Corporation System, Littlefield Building, Austin, Travis County, Texas. That plaintiff is suing all of these corporations and alleges that he is suing whichever one is responsible for the manufacture, production and distribution of the insulation materials hereinafter mentioned, but it is not known by plaintiff at this time which of said corporations is responsible. -2 7. That defendant OWONS-CORING FIBER GLASS CORPORATION is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the State of Delaware; that such defendant has an agent for service, to-wit: C. T, Corporation System, Republic National Bank Building, Dallas, Dallas County, Texas. 8. That defendant PITTSBURGH CORNING CORPORATION is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the State of Pennsylvania; that such defendant has an agent for service, to-wit, C, T, Corporation System, Republic National Bank 8ui^ding, Dallas, Dallas County, Texas. 9. That defendant GUSTIN-BACON MANUFACTURING COMPANY is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the State of Missouri; that such defendant has an agent for service, to-wit: Paul 0. Craig, SS31 Armour Drive, Houston, Harris County, Texas. .10 That defendant PITTSBURGH PLATE AND GLASS COMPANY is and during ail of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the State of Pennsylvania; that such defendant has an agent for service, to-wit: C. T. Corporation System, Republic National Bank Bulging, Dallas, Dallas County, Texas. -3- li That defendant FIBREBOARD PAPER PROOUCTS CORPORATION is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the State of Delaware; that such defendant has an agent for service, to-wlt: C. T. Corporation System, Republic National Bank Building, Dallas, Dallas County, Texas. .12 That defendant EAGLE-PICHER INDUSTRIES, INC. is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the State of Ohio; that such defendant has an agent for service, to*wit: C. T. Corporation System, Republic National Bank Building, Dallas, Dallas County, Texas. 13. That defendants during all times herein mentioned and for a long time prior thereto, have been and now are engaged in the manufacture of materials used for insulation, such materials containing fiber glass, rock wool, foam glass, magnesium insulation, mineral wool, calcium silicate and asbestos; that the products manufactured, compounded and prepared by defendants, acting through their servants, employees, representatives and agents were and are placed on the market to be purchased and used by the public. 14. That the various types o insulation compounded manufactured and placed in containers and sold by the -4- defendants contained chemicals and minerals and deleterious substances and matter which were highly poisonous, dangerous and harmful to human beings and to the health of man} that such materials were defective and were not suitable for the purposes for which they were intended. That each of the defendants knew, or t should have known, that the chemical compounds and deleterious substances and matter in said insulation as compounded, prepared and manufactured by defendants were highly poisonous, dangerous and harmful to human beings and to the health of man and that such materials were defective and were not suitable for the purposes for which they were intended. IS. That at all times herein mentioned, the plaintiff was employed as an insulator, and in the performance of his employment as an Insulator he was required to handle large quantities of the said insulation, compounded, manufactured and prepared by the defendants. ifv I < .1 . 16. i.o; That during the period of time in which the I 'i ` .M plaintiff was employed as an insulator, in the course .ill* of his employment, due to the negligence and t. l I I carelessness of the defendants, he was caused to come Ml iin|.- contacti with! t:he Insulation produced by defendants and its chemical compounds, deleterious substances i-' and matter and directly in consequence of said w, ly I .-'I; . negligence and carelessness of the defendants did sustain 1t I 1 t Ik* .i< . i severe, permanent and disabling injuries as hereinafter Wl`l V.. I. JLV .'Hill Wi .'ll ill .! set forth. 11>* i: they i:cr- I 5* :i< a t i n !.*<iI M ii" I, . .pl.t i ni l fi was'employ* .' i. *.i I 11 ,'.mu: hi l fir ..performance of his omi, i* .mi i uni) n i li* w.n ' 1 ' " >>:niil I e 1 ;l l .1 . . Ill i ' H ;; f "I I That the injuries and damages complained of herein were directly and proximately caused by the negligence and carelessness of the defendantsiin the following additional particulars: (a) That the defendants knew, or in the exercise of ordinary or reasonable care, ought to have known that the insulation they so prepared and manufactured were deleterious, poisonous and highly harmful to plaintiff's body, lungs, respiratory system, skin and health, and that plaintiff would not know of such danger to his health, notwithstanding which defendants negligently failed to take any reasonable precautions or exercise reasonable care to warn plaintiff of the danger and harm to which he was exposed while handling the defendants' said insulation; * (b) That the defendants knew or, in the exercise of ordinary care, ought to have known that their said insulation was deleterious, poisonous and highly harmful to plaintiff's body, lungs, respiratory system, skinand health, and that the plaintiff would not know of such dangerous character, notwithstanding which defendants failed and omitted to provide plaintiff with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliances to protect him from being poisoned and disabled as he was by exposure to such deleterious and harmful compound substances and other material contained in said defendants' insulation. (c) That the defendant knew or, in the exercise of ordinary or reasonable care, ought to have known that their insulation was deleterious, poisonous and highly harmful to plaintiff's body, lungs, respiratory system, skin and health, notwithstanding which defendants negligently and carelessly packaged said insulation so that in the ordinary handling for installation thereof, this plaintiff would come in contact with such deleterious, poisonous and highly harmful compound substances and other material contained in said defendants' insulation. (d) That the defendants knew or, in the exercise of ordinary or reasonable care, ought to have known that the insulation they produced contained deleterious, poisonous and highly harmful substances to human body, lungs, respiratory system, skinand health, notwithstanding which defendants negligently failed to take any reasonable precautions or exercise reasonable care by placing any warnings on their containers of said insulation to warn the handlers thereof of the dangers to health in coming in contact with said .insulation. (e) That the defendants knew or, in the ' exercise of ordinary or reasonable care, ought to have known that its insulation contained deleterious, poisonous and highly harmful substances to the human body, lungs, respiratory system, skin and health, notwithstanding which defendants negligently supplied to plaintiff containers of said insulation which were broken open and could not be transported without coning in contact with plaintiff's skin and body. (f) That the defendants knew or, in the exercise of reasonable care, ought to have known that their insulation - contained deleterious and highly1-harmful substances to -I- plaintiff's health, body, lungs, respiratory system, and skin, and defendants knew or, in the exercise of ordinary or reasonable care, should have known that plaintiff would not know the dangerous characteristics of their said insulation, notwithstanding which defendants negligently-failed to take reasonable precautions or exercise reasonable care to warn the plaintiff of said danger and to instruct the plaintiff in the proper handling of their said insulation, or to take any reasonable precautions or exercise any reasonable care to protect plaintiff from harm and negligently failed to adopt and enforce a reasonably safe plan and method of handling and installing said insulation. (g) That the defendants knew or, in the exercise of reasonable care, ought to have known that their insulation was defective and that such insulation was not suitable for the purposes for which it was-' intended, .18 That as a direct and proximate cause of the aforesaid occurrences and circumstances and the negligence and carelessness of the defendants, plaintiff was permanently and severely injured; that he has sustained a very serious and permanent injury to his lungs and respiratory system, which has affected other parts of nis body; that he suffers from shortness of breath, inability to breathe, clubbing of the fingers and toes; that it is necessary that plaintiff have available to him at all times a container containing oxygen in order that he may be able to breathe; that plaintiff has extreme difficulty with sleeping; that he tires easily; that he 8 calm . ... . tin- I I < i .-n w.i w;t ; I I " I Hil ' |i *' constantly coughs; that he has suffered from an extreme loss of weight; that his future outlook is very dim;' ``that he has sought'.the services of many physicians 'Tn an effort to cure or arrest the conditions from which 'lie is suffering, but to no avail; that the plaintiff has `lost'his good health, all of which is permanently disabling'to him.' h i :' ` ! ig ' 1 ' That by reason of the negligence and careless* lness of the' defendants, and each of them, as hereinbefore ^alleged, and because of the harm and injury to his health and the resulting disability therefrom, plaintiff has ^Suffered a total loss of wages and earnings and will continue to suffer such loss; that he was unable to continue in his employment as an insulator, an employment that he had been engaged in for many years, or to engage in any gainful activity at the present time, and his earning capacity has been greatly and forever "'permanently diminished and impaired. .20 That in an effort to treat, relieve and heal himself of said injuries and to regain his health, the plaintiff was obliged to incur and will incur in the future an expense amounting to a considerable sum of money for medical and hospitalization care, expenses for medicines, supplies, and so forth, the exact amount of which plaintiff is unable to accurately estimate at this time. .21 That by reason of the facts hereinbefore alleged plaintiff Has suffered and sustained at the hands of the 9 defendants, and each of them, general and special damages in the sum of Five hundred Thousand ($S00,000.00) Dollars. WHEREFORE, plaintiff demands judgment against the defendants, and each of them, in the sum of Five Hundred Thousand ($s00,000.00) Dollars, together with his costs and . disbursements herein. STEPHENSON, THOMPSON AND MORRIS By M STEftZrtSorf Attorneys for Plaintiffs Stephenson Building Orange, Texas - -10- i l r i. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CLAUDE J. TOMPLAIT VS, COMBUSTION ENGINEERING, INC., ET AL : : : : CIVIL ACTION SO. 5402 PLAINTIFF'S FIRST AMENDED COMPLAINT TO THE HONORABLE JUDCE OF SAID COURT: COKES NOW CLAUDE J. TOMPLAIT, hereinafter called plelnclff, complaining of COMBUSTION ENGINEERING, INC., R & I REFRACTOR AND INSULATION CORPORATION, JOHNS-MANVILLE' SALES CORPORATION, JOHNS-MANVILLE PRODUCTS CORPORATION, JOHNS>MANVILLE FIBER CLASS, INC., OWENS-CORINC FIBER CLASS CORPORATION, PITTSBURGH CORNING CORPORATION, CUSTIN-BACON MANUFACTURING COMPANY, PITTSBURGH PLATE AND GLASS COMPANY, FIBREBOARD TAPER PRODUCTS CORPORATION and EAGLE-PICHER INDUSTRIES, INC., hereinafter called defendants, and for cause of acc.ion, plaintiff alleges: 1. Thac the ground upon which the jurisdiction of thle Court depends Is diversity of citizenship of .the parties hereto. 2. That the eaount In controversy herein exceeds the sun of Ten Thousand ($10,000.00) Dollars, excluslva of Interest end costs. 3. That plaintiff is a resident of the Stace of Texas, ar.d resides In Orange County, State of Texae. I> I A. . That defendant COMBUSTION ENGINEERING, INC. is and during all of the tines herein mentioned was a . corporation duly 'organized, created and existing under and by virtue of the laws of the State of Delaware; tha't such defendant has an agent for service, to-wit, C. T. Corporation System, Republic National Bank Building, Dallas, Dallas County, Texas. 5. That defendant, R & I REFRACTOR AND INSULATION CORPORATION is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the law6 of some State, with an agent for service; however, ac this time, plaintiff does not know the name and address of such # agent for service. o. That defendants JOHNS-MANVILLE SALES CORPORATION, JOUNS-MANVILLE PRODUCTS CORPORATION AND JOUNS-MAKVILLE FIBER GLASS, INC. were and during all of the times herein mentioned were corporations duly organized, created and existing under and by virtue of the laws of the State of Delaware; thac all of such defendants have an agent for service, co-wic: Prencice-liall Corporation System, Littlefield Building, Austin, Travis County, Texas. That plainclff is suing all 'of these corporations and alleges that he is suing whichever one is responsible for the manufacture, production and distribution of the insulation materials hereinafter mentioned, but it is not known by plaintiff at chla time which of said corporations is responsible. . -2- I 7. That defendant OWEXS-COKINC FIBER CLASS CORPORATION is and during all of che tines herein mentioned was a corporation duly organized, created and existing under and by virtue of che laws of the Scate of Delaware; that such defendant has an agent for service, to-wit: C. T. Corporation System, Republic National bank Building, Dallas, Dallas County, Texas. 8. That defendant PITTSBURGH CORh'INC CORPORATION t* and during all of che times herein mentioned was a corporation duly organized, creaced and exlsclng under . and by vlrcue of che law6 of che Scate of Pennsylvania; chat such defendant has an agent for service, co-wit, C. T. Corporation System, Republic National Bank Building, Dallas, Dallas County, Texas. 5. That defendant CuS* aX*BACvJ*C MANUFACTURING COMPANY is and during all oi the times herein mentioned w.a a corporation duly organized, creaced and existing unoer and by virtue of the laws of che Scace of Missouri; chac such defendant has an agent for service, , to-wit: Paul 0. Craxg, 553- Armour Drive, Houston, Harris County, Texas. .10 . :. r'. ' . That defendant PITTSBURGH PLATE AND CLASS \ COMPANY is and during all of che cimes herein mentioned was a corporation duly organized, creaced and exlscing * under and by virtue of che law6 of che Scace of Pennsylvania; chac such defendant ha6 an agent for service, to-wit, C. T. Corporation System, Republic National Bank . Building, Dallas, Dallas Councy, Texa6. 3 .11 That defendant FIBKEilOAKD PAPER-PRODUCTSCORPORATION Is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by vircuc of che law6 of the Scace of Delaware; chat 6uch defendant has an agent for.service, to-vit, C. T. Corporation System, Republic National Bank Building, Dallas, Dallas County, Texas, .12 That defendant EACLE-PICNER INDUSTRIES, INC. is and during all of the times herein mentioned was a corporation duly organized, created and existing under and by virtue of the laws of the Scace of Ohio; Chat such defendant has an agent for service, co-wlc, C. T. Corporation System, Republic Kacional Bank Building Dallas, Dallas County, Texas. la. That defendants during ail tines herein mentioned and for a long time prior chercco, have been and now are engaged in the manufacture of materials U6ed for insulation, such materials containing fiber glass, r.ock wool, foam glass, magnesium insulation, mineral wool, calcium silicate and asbeacos; `chat che products manufactured, compounded and prepared by defendants, acting through choir servants, employees, representatives end agents were and arc placed on the '*aatket co be purchased and used by che public. 14. Thac the various types of Insulacion compounded, manufactured and placed in containers and sold by Che -4- defendants contained chemicals and minerals and deleterious substances and natter which were highly poisonous, dangerous and harmful to human beings and to the health of man; that such materials were defective and were not suitable for the purposes for which they were Intended. That each of the defendants knew, or should have known, chat the chemical compounds and deleterious substances and natter In said Insulation as compounded, prepared and manufactured by defendants were highly poisonous, dangerous and harmful to human beings and to the health of man and chat such materials were defective and were noc suitable for the purposes for which they were Intended. 15. The plaintiff says chac in Che year 1959, Che exact daces being unknown, he was employed by S i B Engineering and Supply Company at Che DuPont Plant In Orange, Texas, and chac in cite course of his employment as an insulator, he was required to come in contact with the following materials: Foanglas, magnesium and f i r n g. The plaintiff says chac ir. che year 1959, for approximately nine to ten moaens, he was employed by arooks-Fisiier Insulating Company at the Callican Power 'House-in Callican, Tennessee, and chac in che course of his employment as an insulator, he was required to cone in contact .with che following materials: Asbestos and magnesium. 17. The plaintiff says chat in the year 1960, for y -5- (\ : approximately two months, he was employed by The Fluor Corporation, Ltd. at Kaplan, Louisiana on the Cow Island Job, and that in the course of his employment' as an Insulator, he was required to come In contact with magnesium. 18. The plaintiff says chat In the year I960, che exact daces being unknown, he was employed by 1 ( B Engineering & Supply Company, Inc. at che DuPont Plane in Orange, Texas, and chat in che course of his employment as an insulator, he was required to come in concacc with foaoglas, magnesium and fireproo.fing. 19. The plaintiff 6ay6 that in the year 1960, the exact daces beinc unknown, he was employed by Armstrong Contracting and Supply Corporation at che Firestone Plant in Orange, Texas, and chac in the course of his employment as an insulator, he was required to come in contact with magnesium, .20 The plaintiff says chat in the year 1961, the exact daces being unknown out being for approximately nine monchs, he was employed by Armstrong Contracting and Supply Corporation ac che Firestone Plant in Orange, Texas, end chac in che course of his employment as an insulator, .he'was required to come in contact with magnesium and X Careycemp. ' 21. The plalnciff 6ays chac in che year 1961, from September, 1961, co January, 1962, he was employed by The Aber Company, Inc., at che Gulf States Power House, in Bridge -6: Cicy, Texas, and thac in the course of his employment as an insulator, he was required co come in contact with the >f j x following materials: Kaytherm (calcium silicate); Aber * i 2 to 3 (cement); Sealfas. 3149 (mastic); Aluminum ells r- K (mastic); Foamglas (foamed silicate); aluminum rolls * r\ * (foamed silicate); Overkocc (asphalt emulsion); Unlbestos K (asbestos fiber);. Climaseal (mastic); Steel bandE (mastic); ' and Aluminum seals (mastic). > .c^ ,,* C' * l . % t."' i ' y" , y` 22. The plaintiff says that from March, 1962, co May, 1962, he was employed by The Aber Company, Inc., at the Gulf Oil Refinery, in Port Arthur, Texas, and chat in the course of hi6 employment as an lnsulacor, he wa6 required co come in contact wich the following materials: * o' * v" * Kaytherm (calcium silicate); Aber 2 to 3 (cement); Sealfas i}' xy > v' 3149 (mastic); Aluminum ells (mastic); Foamglas (foamed O o' r{ slllcace); Aluminum rolls (foamed silicate); Overkoce . (asphalt emulsion); Unibescos (asoescor fiber); Climaseal >- ') (mastic); Steel bands (mastic); and Aluminum 6eals (mastic). 23. The plaintiff says thac during the year 1962, he worked for Sabine Insulacian Company, Inc., at the Firestone Plane ir. Orange, Texas, ar.c at Lcvingscon Shipbuilding Company in Orange, Texas, and chat in che course of hi6 employment ,V as an lnsulacor, he was required co come in concacc wich che following materials: Calcium silicate, mineral wool insulating x cement and'aluminum jacketing. 24. t^ The plaintiff says chat during che year 1962, he worked for Armstrong Contracting 6 Supply Corporation, che exact dates being unknown to him,, at che Firestone Plane in 7 I Orange, Texas,-and chac in Che course of his employment as an insulator, he was required to come in contact with magnesium. 25. I . The plaintiff says chac during the year 1962, the exact daces being unknown to him, he worked for John6-Manville Sales Corporation ac the bridge City ...Power House, in bridge City, Texas, and chac in Che course of his employment as an insulator, he was required to come in contact with Che following materials: K t Kaychcrm (calcium silicate); Aber 2 to 3 (cement); Sealfas 3149 (mastic); Aluminum ells (ma6tlc); Foamglas (foamed silicate); Aluminum Rolls (foamed silicate); Ovcrkote (asphalt % * emulsion); Unlbescos (asbestos fiber); Cllmaseai (mastic); Steel bands (mastic); and Aluminum seals (mastic). 26. The plainciff says chat in the year 1962, from about June 11th co June ISch, 1962, he was employed by d 6 B Engineering a Supply Company, at the 3ig Three Welding Plane in Orange, Texas, and chac in the course of nis employment as an insulacor, he was required co come in contact with the following materials: Foamglas, Careycemp, Thermogla6 and Rock wool. 27. The plainciff says chac from November 30, 1962, co 'January 18, 1963, he was employed by The Aber Company ac t * .? Che Gulf States Power House in bridge City, Texas, and that in the course of his employment as an insulator, he was required to cone in concacc with the following materials: Kaycherm (calcium sllicace); Aber 2 co 3 (cement); Sealfas 3149 (mastic); Aluminum ells (mastic); Foamglas (foamed 8 silicate); Aluminum rolls (foamed silicate); Overkoce (asphalt emulsion); UnibesCoE (asbeecos fiber); Clioa6eal (nascic); Sceel bands (mascic); and Aluminuo seals (maetic), ' ' 28. The plaintiff says char in che year 1963, che exact dace being unknown, he was employed' by Sabine Insulation.Company, Inc., ac the Firestone Plane in Orange and Levingston Shipbuilding Company in Orange, Texas, and chat in che course of hi6 employment as an Insulator, he uae required to come in contact with'che following materials: Calcium silicace, mineral wool insulating cement, aluminum jacketing, and fibergla6. 29. The plaintiff 6ays chat in che year 1963, he was employed by B 6 B Engineering Company, ac che DuPont Plant in Orange, Texas, che cxacc dace being unknown to him, and chac in Che course a .* his employment as an insulator, he was required to come in contact with che following macerial: Careytenp. jii . The plaintiff says chac in July and August, 1963, plaintiff was employed by Insulation Engineers, Inc., at 'some refinery in Pascagoula, Mississippi (the exact name being unknown to plaintiff). ad chac in che course of his employment as an insulator, he was required to come ;.v'f .y: . . in contacc wich che following materials: Foanglas and magnesium. 31. The plainciff says chac in che year 1963, he was employed by Triangle Insulation Company ac che Uouscon Chemical Plant, in Beaumont, Texas, and chac in che course 9 II of hi 6 employment as an insulator, he was required to come in concact with 85% magnesium.- 32. PlalnClff.6ays that during chc raonch of January, 1964, he was employed by C 6 3 Engineering 6 Supply Company at Che Dig Three Welding. Company plane `in Orange, Texas, and that in Che course of his employment, he was required co come in contact with Foamglas. 33. The plaintiff says chat in che year 1964, he was employed by Triangle Insulation Company at the. Houscon Chemical Plant, in Bcaumonc, Texas, and chac in che course of hi6 employment as an insulator, he was required co cone in concacc with 85% magnesium. 34. The plainciif say* chac during che year 1964, he was employee by Industrial Insulacion, Inc.* ac che Jefferson Chemical Plane, in Pore N'ochcs, Texas, and chac in che course of his employment, he was required co come in concacc with asbescoa ir.6ulacing material, fioerglas and magnesium; and he also was employed by Industrial Insulacion, Inc. ac che Atlantic Refinery, in Port Arthur, Texas, and chac in che course of his employment, he was required co come in concacc wich magnesium. 35. / .45 f'.vr .'The plaintiff says chac during che year 1964, he was employed by Sabine Insulacion Company, Inc. ac che 'Firestone Plant la Grange, Texas, and Levlngscon Shipbuilding Company, in Orange, Texas, and chac in che cour.se of his employment, he was required co come in concacc wich calcium sllicace, mineral wool insulating cement, aluminum jacketing .> -10 (. and flberglas. 36 The plaintiff says that during the year 1964, he was also employed by Johns-Manville Sales Corporation at the Culf States Power Plant, Bridge City, Texas, and chat in'the course of his employment, he was required to cone in contact with calcium silicate, rock wool and magnesium. 37. Thac ac all tines herein mentioned, the plaintiff was employed as an insulator, and that in che performance of hi6 employment as an insulator, he was required to handle large quantities of the 6aid Insulation hereinabove nencioned, compounded, manufactured and prepared by the defendants. 38. That during the period of tine in which the plaintiff was employed as an insulator, :a me course of his employment, due to the negligee:* and carelessness of che defendants, he was caused co cone in contact with che insulation produced by cciendancs anc its chemical compounds, deleterious subs<...ces and matter and directly in consequence of said negligence' and carelessness of che defendants did suscain severe, permanent and disabling injuries as hereinafter set forth. 39. That the Injuries and damages complained of herein were direccly and proxlmacely causec by che negligence and carelessness of che defendants in che following additional particulars: (a) That the defendants knew, or in Che exercise of ordinary or reasonable care, ought co have known that the -11 Insulation they so prepared and manufactured were delecerious poisonous and highly harmful to .plaintiff's body, lungs, respiratory system, skin and health, and' that plaintiff would not know of such danger to his health, notwithstanding which defendants negligently failed-to take any reasonable precautions or exercise reasonable care to warn plalnclff of Che danger and harm to which he was exposed while handling the dsfendancs' said insulation; (b) That the defendants knew or, in the exercise of ordinary care, oughc to have known chat their said insulation was deleccrious, poisonous and highly harmful to plainciff's body, lungs, respiratory system, skin and health, and that the plaintiff would not know of such dangerous character, notwithstanding which defendants failed and omitted to provide plaintiff with the knowledge as to what would be reasonably safe and sufficient wearing apparfl and proper protective equipment and appliances to protect him from being poisoned and disables as he was by exposure to such delecerious and harmful compound substances and ocher material contained in said defendants' insulacion. (c) That the defendant knew or, in the exercise of ordinary or reasonable care, oughc to have known chat their insulacion was delecerious, poisonous and highly harmful co plaintiff's body, lungs, respiratory system, skin and health, nocwithscanoing which defendants negligently :!a'nd'*care'lea6ly packaged said insulation so that in the ordinary handling for installation thereof, this plaintiff would' come*in contact 'with 6uch delecerious, .poisonous and highly harmful compound substances and ocher material contained in said defendants' insulation.* % (d) That Che defendants knew or, in Che exercise of ordinary or reasonable care, oughc co have known chat the Insulacion they produced contained deleterious, poisonous and highly harmful substances to human body, lungs, respiratory system, skin and health, notwithstanding which defendants negligently failed co cake any reasonable precautions or exercise reasonable care by placing any warnings on their containers of said Insulacion to warn the handlers thereof of the, dangers to healch in coming in contact with 6ald Insulacion. . (e) That the defendants knew or, in the exercise of ordinary or reasonable care, oughc co have known chat its insulation contained deleterious, poisonous and highly harmful substances to the human body, lungs, respiratory system, skin and healch, notwithstanding which defendants negligently supplied co plaintiff containers of said insulacion which were broker, open ar.c could not be transported without cooing in contact wit'.; plaintiff's skin and body. (O That Che defendants knew or, in the exercise of reasonable care, oughc co have known chac cheir insulacion contained deleterious and highly haroful substances co plaintiff's healch, body, lungs, respiratory syteen, and skin, and defendants knew or, in chc exercise of ordinary or reasonable care, should have known chac plaintiff would noc know the dangerous characteristics of their ssld insulacion, notwithstanding which defendants negligently /failed co cake reesonable precautions or exercise reasonable care co warn the plaintiff of said danger and co instruct Che plaintiff in Che proper handling of their said Insulation, or co cake any reasonable precautions or exercise any reasonable care co protect plaintiff from harm and negligently failed co adopt and enforce e reasonably safe 13- ) plan and method of handling and Installing said`Insulation. <g) That the defendants knew or. In the exercise of reasonable care, ought to have known that their insulation was defective and that such Insulation was not suitable for the purposes for which 1c was intended. 40. That as a direct and proximate cause of the aforesaid occurrences and circumstances and the negligence and carelessness of the defendants, plaintiff was permanently and severely injured; that he has sustained a very serious and permanent injury to his lung6 and respiratory system, which has affected other parts of his body; that he suffers from shortness of breath. Inability to breathe, clubbing of the fingers and toes; that it Is necessary that plaintiff have available to aim at all ti^cs a container containing oxygen in orucr chat he may he able to breathe; chat plainciff has extreme difficulty wich sleeping; chat he Circs easily; that he constantly coughs; Chat he has suffered from an excreme loss of weight; chat his future outlook is very din; chac he has soughc the services of many physicians in ar. effort co cure* or arrest Che condition from which he is suffering, but to nc avail; chac Che plaintiff has lose r.ia good health, all of which Is permanently disabling cc him. 41. That by reason of the negligence and carelessness of the defendants, and each of them, as hereinbefore alleged, end because of the harm and injury to hi6 healch and Che resulting disability therefrom, plainciff has suffered e total loss of wages and earnings and will continue to suffer such loss; that he was unable co continue In his 14 employment as an Insulator, an employment chac he had been engaged In Cor many years, or co engage In any gainful activity at the present time, and hl6' earning capacity has been greatly and forever permanently diminished and impaired. *2. That in an effort to treat, relieve and heal himself of said injuries and to regain his health, the plaintiff was obliged co incur and will incur in the future an expense amounting to a considerable sum of money for medical and hospitalization care, expenses for medicines, supplies, and so forth, the exact amount of which plaintiff is unable to accurately estioacc at this time. 43. That by reason of che facts hereinbefore alleged, plaintiff has suffered and sustained at the hands of che defendants, and each of them, general and special damages in che 6um of Five Hundred Thousand ($500,000.00) Dollars. WHEREFORE, plaintiff demands judgment against che defendants, and each of them, in che sum of Five Hundred Thousand ($s00,000.00) Dollars, together wich his costs snd disbursements herein. STEPHENSON, THOMPSON AND MORRIS' Attorneys for Plaintiff Stephenson Building Orange, Texas 15- CERTIFICATE A copy of Che foregoing Amended .Complaint has been forwarded to the following attorneys of record: Mr. Ben L; Reynolds Royscon, Rayaor & Cook Attorneys at Law 877 San Jacinto Buildlng Houston, Texas 77002 Attorney for Defendant EAGLE-PXCHER INDUSTRIES, INC. Mr. John Kienscra Attorney at Law 707 Beaumont Savings Building Beaumont, Texas 77701 Attorney for Defendant OWENS-CORKING FIBER CLASS CORPORATION Mr. John D. Tucker Attorney at Law Orgain, Bell & Tucker Beaumont Savings Building Beaumont, Texas 77701 Accornoy for Defendant CUSTIN-BACON MANUFACTURING COMPANY Mr. Ceorge A. Weller Attorney ac Law P. 0. Box 350 Beaumont, Texas 77701 Accorney for Defendant FI3ER30ARD PAPER PRODUCTS CORPORATION Mr. Charles S. Pipkin Accorney ac Law P. 0. Box 1032 Beaumont, Texas 77704 Accorney for Defendants COMBUSTION ENGINEERING, INC. and REFRACTORY 4 INSULATION CORPORATION Mr. George . Duncan Attorney ac Law 3eaumonc Savings Building Beaumont, Texas 77701 Accorney for Defendants PITTSBURGH PLATE GLASS COMPANY and PITTSBURGH CORNING CORPORATION Mr. Gordon R. Pace Accorney ac Law 1119 Beaumont Savings Beaumont, Texas Building Attorney for Defendants JOKNS-MANVILLE SALES CORPORATION, JOHNS-MANVZLLE PRODUCTS CORPORATION and JOUNS-MANVILLE FIBER CLASS, INC. Accorney for Plaintiff