Document o99kZkqdGaDXKVZz3bmG4K81X

THE PRENTICE-HALL CORPORATION SYSTEM. INC NOTICE OF PROCESS Certified # 277614 TO: Uniroyal, Inc. c/o Arthur, Dry & Kalish Elliot J. Potter, Para-Lgl 1230 Avenue of the Americas New York, New York 10020 OATS FORWARDED TO YOU: May 12, 1978 ENCLOSED FIND COPY OF PROCESS DESCRIBED AS FOLLOWS TITLE OF ACTION STANLEY MIKYSKA & MOYCE MIKYSKA, his wife, V UNION CARBIDE CORPORATION, ET AL DATE SERVED 5-12-78 time 12:30 p .m. WHEN RETURNABLE WHERE SERVED BY WHOM SERVED OR MANNER OF SERVICE Law offices of Dood and Bos Personal service 20 days DOCKET NUMBER TYRE OF DOCUMENT SERVED COURT Summons and Complaint & Demand Jury Trial 870769 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION PLAINTIFF'S NAME Stanley Mikyska TYPE OF ACTION Product liability - CO CO NAME AND AODRESS OF ATTORNEY FOR PLAINTIFF Paul G. Bogos 1470 Penobscot Building Detroit, MI 48226 COMMENTS ACKNOWLEDGE RECEIPT OF ABOVE PAFERS BY SIGNING YELLOW COPY AND RETURNING TO TRANSMIT TING REPRESENTATIVE. t SIGNATURE:. "s. __ ... ^ ^ Z SIGNATlIRF- ./ V_____^ i .) / TpVrPinFtMoirUI P^ atrick D. Hanes ~ REPRESENTING THE PRENTICE-HALL CORPORATION SYSTEM INC. A D Dood and Bos D R 712 Michigan National Tower E S Lansing, Ml 48933 S phone 517/371-4545 ORIGINAL SUMMONS IN A CIVIL ACTION 1 * CIV. la (i-ti) (Pemnlr D.C. For Na.ISa Ear. <*-)> HmJch Stairs Stslrtrt (Umirt FOR THE EASTERN DTCTRTOT OF MICHIGAN, SOUTHERN DIVISION STANLEY MIKYSKA & JOYCE MTKYSKA, his wife Civil Action File No. ' * * * ** Plaintiff v. UNION CARBIDE CORPORATION, E^ AI SUMMONS URL 14336 Defendant! Uniroyal, Inc. To the above named Defendant ; Resident Aqenr-The^PreuticeTK3n corporation Tawf. ^ ? system, Micnioan NatTT Towei. Tanking, You are hereby summoned and required to serve upon 4 8933 Paul G. Boaos plaintiff's attorney , whose address 1470 Penobscot Building Detroit, Michigan 4B22f an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint HeWHY R, }3r''r-,?,v\ _ Clerk of Court. LORELIE PIAStCrMER Deputy Clerk. Date: April 2?, 197B [Seal of Court] NOTE:--This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure. URL 1433? RETURN ON SERVICE OF WRIT I hereby certify and return, that on the day of I received this summons and served it together with the complaint herein as follows: 19 Marshal's Fees Travel____ $_____________ Service____ Subscribed and sworn to before me, a day of , 19 [SEAL] United States Marshal. By Deputy United States Marshal. this __________________________ Note:--Affidavit required only if service is made by a person other than a United States Marshal or his Deputy. t>o> oS Z M < -MJ >M 4s<50 a 1* z 2<S 03 zo O S S s a> 4a3s 5 03 Su -su OS 2 at ?& aS. a 4 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION URL 14338 STANLEY MIKYSKA and JOYCE MIKYSKA, His Wife, Plaintiffs, -vs- CIVIL ACTION NO UNION CARBIDE CORPORATION, A Foreign corporation, DIAMOND SHAMROCK CORPORATION, A Foreign corporation, STAUFFER CHEMICAL COMPANY, A Foreign corporation, STAUFFER COMMUNICATIONS, INC., A Foreign Corporation, TENNECO REALTY DEVELOPMENT CORPORATION, A Foreign Corporation, TENNECO OIL COMPANY, A Foreign Corporation, TENNECO, INC., A Foreign Corporation, TENNECO CHEMICALS, INC., A Foreign Corporation, UNIROYAL, INC., A Foreign Corporation, ALLIED CHEMICAL CORPORATION, A Foreign Corporation, HOOKER CHEMICALS & PLASTICS CORP., A Foreign corporation, FIRESTONE TIRE & RUBBER COMPANY, A Foreign Corporation, B. F. GOODRICH COMPANY, A Foreign corporation, GOODYEAR TIRE & RUBBER COMPANY A Foreign Corporation, Defendants , 1n iu 6f>i ian 1. That the Plaintiffs, STANLEY MIKYSKA, and JOYCE MIKYSKA, are husband and wife and are residents of the City of Fair Haven, county of St, Clair, State of Michigan. 2. That Defendants are corporations incorporated under the laws of states other than Michigan, and all have their principal place of business other than in the state of Michigan, but all are admitted to transact business in the State of Michigan. 3. That the amount in controversy exceeds the sum of TEN THOUSAND ($10,000.00) DOLLARS, exclusive of costs and interest. 4. That all Defendants are doing business within the State of Michigan, and have established necessary and minimum contacts with the State of Michigan. 5. That Defendants are miners, manufacturers, processors, importers, converters, compounders, or merchants of polyvinyl chloride resin and polyvinyl chloride materials. 6. That the Defendants, acting through their servants, employees, agents and representatives, caused polyvinyl chloride resin and polyvinyl chloride materials to be placed in the stream of interstate commerce. 7. That Plaintiff, STANLEY MIKYSKA, was a laminating operator who, since April of 1968, has continuously worked with and was exposed to polyvinyl chloride resin and polyvinyl chloride materials mined, manufactured, processed, imported, converted, compounded or sold by the Defendants. o*nari 8. That during the course of his employment. Plaintiff, STANLEY MIKYSKA, was exposed to Defendant's polyvinyl chloride resin and polyvinyl chloride materials which exposure directly and proximately caused him to develop a serious illness, to wit, toxic hepatitis, which resulted in his experiencing great pain and suffering, wage loss, medical expenses, and incurrence of general and special damages in the amount of TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000.00) DOLLARS. 9. That the damages sustained by plaintiff, STANLEY MIKYSKA, are the direct and proximate result of the negligence of the Defendants in that they produced, sold or otherwise put into the stream of interstate commerce polyvinyl chloride resin and polyvinyl chloride materials which the Defendants knew or, in the exercise of ordinary care, ought to have known, were deleterious, poisonous and highly harmful to the Plaintiff's body, lungs, liver, respiratory system, skin and health. 10. That the illness of Plaintiff, STANLEY MIKYSKA, is the direct and proximate result of the negligence of the Defendants in that even though the Defendants knew or, in the exercise of ordinary care, ought to have known, that their polyvinyl chloride resin and polyvinyl chloride materials were deleterious, poisonous and highly harmful to Plaintiff's body, lungs, liver, respiratory system, skin and health, and that plaintiff would not know of such danger to his health, the Defendants, nonetheless: (a) Failed to advise Plaintiff of the dangerous characteristics of their polyvinyl chloride resin and polyvinyl chloride products. URL 14341 (b) Failed or omitted to provide Plaintiff, STANLEY MIKYSKA, with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliances, if, in truth, there were any to protect him from being poisoned and disabled, as he was, by exposure to such deleterious and harmful polyvinyl chloride resin and polyvinyl chloride materials* (c) Failed and omitted to place any warnings on their containers of said polyvinyl chloride resin and polyvinyl chloride materials to warn the handlers thereof of the dangers to health in coming in contact with said polyvinyl chloride resin and polyvinyl chloride materials* -(d) Failed and omitted to take reasonable precautions or exercise reasonable care to publish, adopt and enforce a safety plan and a safe method of handling and installing said polyvinyl chloride resin and polyvinyl chloride materials. 11. That the Defendants impliedly warranted that said polyvinyl chloride resin and polyvinyl chloride materials were of good and merchantable quality and fit for the intended use. 12. That Plaintiff, STANLEY MIKYSKA, was a laminator operator working in close proximity to the polyvinyl chloride resin and polyvinyl chloride materials of the Defendants and his presence was known or ought to have been reasonably anticipated by the Defendants. 13. That the implied warranty made by the Defendants that their polyvinyl chloride resin and polyvinyl chloride materials were of good and merchantable quality and fit for the particular intended use was breached in that certain harmful, poisonous and deleterious matter was given off into the atmosphere wherein Plaintiff, STANLEY MIKYSKA, carried out his duties as a laminator-operator working with polyvinyl chloride resin and polyvinyl chloride materials. 14. That as a direct and proximate result of the breach of the implied warranty of good and merchantable qual ity and fitness for the particular intended use. Plaintiff, STANLEY MIKYSKA, developed a serious illness, to wit, toxic hepatitis and permanent liver damage. 15. That the illness of the Plaintiff, STANLEY MIKYSKA, was directly and proximately caused by the gross negligence, omission, conscious indifferences, and utter disregard for the welfare of Plaintiff on the parts of the Defendants herein, their agents, servants, employees, managers, superintendents, supervisors, and officers, in that they ignored scientific data made known and available to them which data stated specifically that their polyvinyl chloride resin and polyvinyl chloride materials were harmful and deadly to the laminator operators who came in contact with said materials. 16. That Defendants, individually and as a group, have been possessed of medical and scientific data which clearly indicated that the product polyvinyl chloride resin and polyvinyl chloride materials are hazardous to health, and prompted by pecuniary motives, the Defendants, individually and collectively, wilfully and wantonly ignored and failed to act upon said medical and scientific data and conspired to URL 14343 deprive the public, and particularly the users, laminator operators and installers of the Defendants' polyvinyl chloride products of said medical and scientific data, depriving them, therefore, of the opportunity of free choice as to whether or not to expose themselves to the polyvinyl chloride products of said Defendants 17. That the award for this count should be in such an amount that would act as a deterrent to the Defendants and others from the future commission of like offenses and wrongs. The Plaintiff further states that if each of the acts of negligence above did not independently and of themselves constitute gross negligence, then certainly, all of said acts of negligence combined and in the aggregate, constituted gross negligence and the proximate cause of the injuries and disability of the Plaintiff. 18. That as a result of the permanent illness of Plaintiff, STANLEY MIKYSKA, he is entitled to recover exemplary and punitive damages in the amount of FIVE MILLION ($5,000,000.00) DOLLARS. WHEREFORE, Plaintiffs, STANLEY MIKYSKA and JOYCE MIKYSKA, his wife, demands Judgment against the Defendants and a each of them in the sum of TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000.00) DOLLARS general and special damages, together with the sum of FIVE MILLION ($5,000,000.00) DOLLARS exemplary and punitive damages, as well as costs and interest on said Judgment v tun from the date thereof until paid, at the rate of Six Per cent (6%) per annum, and such other and further relief to which Plaintiff may be entitled* BOGOS, BOGOS & KEFGEN Attorneys for Plaintiffs ___________ ____________ Paul G. Bogos-Pl0944 1470 Penobscot Building Detroit, Michigan 48226 961-7970 Dated: April 5, 1978, DEMAND FOR JURY TRIAL NOW COME the Plaintiffs, STANLEY MIKYSKA and JOYCE MIKYSKA, his wife, and hereby demand a trial by jury in the above entitled cause. BOGOS, BOGOS & KEFGEN Attorneys for Plaintiffs By_ Paul G. Bogos-Pl0944 1470 Penobscot Building Detroit, Michigan 48226 961-7970 Dated April 5, 1978