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URL 14050
1 LEVY, KOSZDIN & WOODS 8155 Van Nuys Boulevard
2 Suite 908
Panorama City, CA 91402 0 (213) 781-1503
4 Attorneys for Plaintiff
5
original filed
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7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
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NCC12127B10
. .-i. I .
l* ANTONIO ROMERO,
) No.
)
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12
Plaintiff,
) COMPLAINT FOR DAMAGES
13 vs.
) (Products Liability & Negligent ) Maintenance
)
14 DOE I, DOE II, DOE III, DOE IV,)
DOE V,
15
)
)
Defendants.
)
16 )
17
18 FIRST CAUSE . 19 I
20 Plaintiff isj and at all times mentioned herein was, a
21 resident of Los Angeles County, State of California.
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Defendant, Doe I, is and at all times herein mentioned
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24 was, a corporation organized and existing under the laws of the "
25 State of California and doing business in California.
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26
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27 Defendant, Doe I, is and at all times herein mentioned
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23 was, engaged in the business of manufacturing, designing and - ,, V
$
29 producing plastics made of Polyvinyl Chloride for.sale to and use /,
30 by members of the general public; plaintiff is informed and believes
,31 and on such information and belief alleges, as part of its business
32
` design- * and delivered for use to R t G
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URL 14052
1 IX
2 On or about November II, 1974, plaintiff was told for
3 the first time by a physician that his hospitalizations on or
4 about December 12, 1972 and November 10, 1973 and November 10, 1974,
5 as well as his resulting health problems, were due to his
6 exposure to defendants* polyvinyl chloride product. Plaintiff did 7 not know nor in the exercise of reasonable care could he have,
8 ascertained or known prior to November 11, 1974 that his pro 9 gressively deteriorating health problems were due to his exposure
10 to defendants' PVC product.
l* x 12 At the time of sale, and at all times herein mentioned, 13 said PVC product was detective, said detects consisting of the 14 failure or omission or parts therein, thereby causing the inhalation
15 ingestion and absorption by plaintiff, who was at the time of
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16 injury using such PVC product for said employer.
17 J XI " " "
18 Defendants, at the time of sale and at times herein
19 nentioned, failed to give directions or warnings as to the use of
20 :he product/ to prevent it from being unreasonably dangerous and- ..
21 insafe for its intended use.
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23
XII
h*
As a proximate result thereof, plaintiff sustained severe
24 personal injuries to his internal organs and system, and serious
25 >ermanent injuries to his health, strength and activity, and
26 severe shock to his nervous system, as well as mental suffering,
27 listress and mental injuries and illness, and was caused to suffer
28 ixtreme physical and-mental pain, all to his general damages in the
29 >um of $500,000.00.
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51 As a further proximate result thereof, the plaintiff was
32 required to and did employ, through his employer, R S- G Sloan
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URL 14053
1 Manufacturing Company, physicians and surgeons, or other medical
2 persons, to examine, treat and care for him, and incurred additional 3 medical expenses for hospital bills and other incidental medical 4 expenses and that the full amount has not yet been fully ascer 5 tained, and plaintiff will ask leave to amend this complaint to 6 insert the amount thereof when the same has been ascertained. 7 Plaintiff,is informed and believes, and on information and belief
8 alleges, that as a proximate result of .the defect and injuries
9 hereinabove described, plaintiff will be required to incur
10 additional medical expenses, the exact amount of which is unknown.
11 Plaintiff will ask-leave to amend this complaint to insert the
12 correct amount of such expense when ascertained. 13 ivx
14 As a further proximate result thereof, plaintiff was 15 prevented from attending to his usual occupation and thereby
16 suffered lost earnings. Plaintiff is informed and believes, and on
17 information and belief alleges, that he will thereby be prevented
18 from attending to his usual occuaption for a period in the
19 future that he cannot now ascertain, and will thereby sustain
20 further loss of earning. Plaintiff will ask leave of the court .to 21 amend this complaint to set forth the amount of such damages when
22 fully ascertained. 23
XV
24 That the true names or capacities, whether individual, 25 corporate, associate, or otherwise, of defendants I through V,
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26 inclusive, are unknown to plaintiff, who therefore sues said
27 defendants by such fictitious names and will ask leave to amend . _
28 this complaint to show their true names and capacities when the
29 same has been ascertained.
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IURL 4054
1 WHEREFORE, plaintiff prays judgment against defendants
z as follows:
3 1) General damages in the sum of $500,000.00;
4 2) Special damages for medical and incidental expenses
5 according to proof;
6 3) Loss of earnings according to proof;
7 4) Such other and further relief as the Court deems just 8 and proper. 9
1 Dated November 10, 1975.
l* 12 Respectfully submitted,
13 '*
LEVY, K0S2DIN & WOODS
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By!_____________________________________________ Leonard L. Freedman
Attorney for Plaintiff
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