Document pBMk05K904D3L7R8EmK6aGzj

KJDB:sg 02/03/87 IN THE COMMON PLEAS COURT OF ERIE COUNTY, OHIO MARY A. DENDINGER, executrix of the ) Estate of Herman A. Dendinger, ) deceased, 1823 West Monroe Street, Sandusky, Ohio 44870 ) ) ) ) and ) ) ETTA W. WALLACE, personal representative of the Estate of Fred A. Wallace, deceased, 881 N.W. Columbia Street Port Charlotte, Florida 33948 ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) CHRYSLER PLASTIC PRODUCTS CORPORATION ) 3130 West Monroe Street ) Sandusky, Ohio 44870 %) THE GOODYEAR TIRE & RUBBER .COMPANY ) ) 1144 East Market Street Akron, Ohio 44305 ) / B.F. GOODRICH COMPANY 500 South Main Street Akron, Ohio 44318 ) ) ) ) FIRESTONE TIRE & RUBBER COMPANY 1200 Firestone Parkway ) ) Akron, Ohio 44317 CONOCO, INC. 1007 Market Street Wilmington, Delaware 19898 ! UNION CARBIDE CORPORATION Old Ridgebury Road, Section C-2 bray s MuBRWtevCpnnecticut 06817 '(ui. norutWNu AMteunen ATTORN CVS AT WAW CCHTI IMOUtKT, ONI* 44ITC ) CASE NO. 46027 Judge Ann B. Maschari AMENDED COMPLAINT (FollowingConsoTidation) Jury Demand Endorsed Hereon UCC 072438 UNIROYAL, INC. World Headquarters Middlebury, Connecticut 06749 DIAMOND SHAMROCK CHEMICALS CO. 717 North Harwood Street Dallas, Texas 75201 OCCIDENTAL CHEMICAL CORP. Armond Hammer Blvd. P.O. Box 699 _ Pottstown, Pennslyvania 19464 STAUFFER CHEMICAL CO. NyaLa Farm Road Westport, Connecticut 06680 SHINTECH, INC. 5618 Highway 332 East Freeport, Texas 77541 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) DIVERSITECH GENERAL, INC. One General Street Akron, Ohio 44329 A. SCHULMAN, INC. 3550 West Market Street Akron, Ohio 44313 TENNECO, INC. 1010 Milam P.O. Box 2511 Houston, Texas ) ) ) ) ) ) ) ) ) ) ) AKE V. LJUNG General Manager ) Chrysler Plastic Products Corporation ) Sandusky, Ohio 44870 ) Current address unknown ) NORMAN P. PHILLIPS ) 1819 Millsboro Road East Mansfield, Ohio 44906 ALBERT W. CRAMER 1427 Chandler Drive, S.E. Huntsville, Alabama 35801 ROBERT D. GUSTINE 5183 Christine Drive Ann Arbor, Michigan 48103 Murray & Hurray co-lka. a acaai dtiecunea TTON(Tt AT VAW AMOVAKT, OHIO AIBTO -2- UCC 072439 RICHALD ALTHISER ) Production Color Department Supervisor) Chrysler Plastic Products Corporation ) Sandusky, Ohio 44870 Current address unknown ) ) RON C. ABBOTT ) ) Production Color Department Supervisor) Chrysler Plastic Products Corporation ) Sandusky, Ohio 44870 ) Current address unknown ) WILLIAM C. HOLSAPPLE ) ) Production Color Department Supervisor) Chrysler Plastic Products Corporation ) Sandusky, Ohio 44870 ) Current address unknown ) Defendants. ) ) ) -oOo- Now come plaintiffs, and for their Amended Complaint (Following Consolidation) against defendants state as follows: FIRST CAUSE OF ACTION 1- Plaintiff ilary A. Dendinger's decedent, Herman A. Dendinger (hereinafter "Denainger"), was, at all times pertinent hereto, a resident of Erie County, Ohio, and worked at Chrysler Plastic Products Corporation's plant in the City of Sandusky, Erie County, Ohio, from August, 1968 until October, 1980. 2. Plaintiff Etta W. Wallace's decedent, Fred A. Wallace -(hereinafter "Wallace"), was, at all times .pertinent hereto, a resident of Erie County, Ohio, and worked at Chrysler Plastic Products Corporation's plant in the City of Sandusky, Erie County, Ohio, from October, 1972 until April, 1978. Murray & Murray co..l.p.a. * LIML MWrnllMMi ASSOCIATION ANOWORY, OHIO 44070 UCC 072440 -3- 3. Plaintiff Mary A. Dendinger is the widow and duly appointed executrix of the estate of Dendinger, who died on April 2, 1986. 4. Plaintiff Etta Wallace is the widow and duly appointed person?.! representative of the estate of Wallace, who died on July 23, 1985. 5. Plaintiff Mary A. Dendinger is a resident of the Ccunty of Erie, State of_0hio. 6. Plaintiff Etta W. Wallace is a resident of the State of Florida. 7. Defendant, Chrysler Plastic Products Corporation (hereinafter "Chrysler") is a corporation incorporated in the State of Delaware. Chrysler is licensed to do business in the State'-of Ohio and, at all times pertinent hereto, has transacted business and maintained operations in Erie County, Ohio, known as the Sandusky facility, that gave rise to the activities and claims set forth herein. 8. Defendants, Goodyear Tire and Rubber Co., B.F. Goodrich Co. and Firestone Tire and Rubber Co. are corporations incorporated in the State of Ohio and/or licensed to do business in the State of Ohio. 9. Defendants Ake V. Ljung, Norman P. Phillips, Albert W. Cramer, Robert D. Gustine, Richard Althiser, Ron C. Abbott, and William C. Holsapple (collectively hereinafter "Individual Defendants") are present and/or former employees of Chrysler and, at times pertinent hereto, exercised direct and/or ultimate supervision in a management capacity over Dendinger and/or Wallace at the Sandusky facility. The Individual Defendants are residents of various states, including Ohio. Hurray Z. Murray co..l.*a. mORNCTI *T LAW lAMftUMf. AMIO UCC 072441 .a. 10. All defendants, at times pertinent hereto, transacted business and/or maintained operations In Erie County, Ohio, with the Chrysler facility that gave rise to the activities and claims set forth herein. 11. Defendants The Goodyear Tire & Rubber Company, B.F. Goodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Union Carbide Corporation, Uniroyal, Inc., Diamond Shamrock Chemicals Co., Occidental Chemical Corp., Stauffer Chemical Co., Shintech, Inc., Tenneco Chemicals, Inc., Diversitech General, Inc. and A. Schulman, Inc. {collectively hereinafter "PVC Resin Manufacturers"), at times relevant hereto, have been in the business of manufacturing and selling to the Sandusky facility of Chrysler in Erie County, Ohio, polyvinyl chloride resin (hereinafter "PVC"), a substance containing vinyl chloride monomer (hereinafter "VC"), a known human carcinogen. 12. At all times during their employment at the Sandusky facility of Chrysler, Dendinger and Wallace inhaled, ingested and/or absorbed into their bodies quantities of toxic and carcinogenic substances, to-wit PVC and VC, as a direct and proximate result of the activities Dendinger and Wallace were required to perform in their employment at Chrysler's Sandusky facility. 13. The levels of PVC and VC to which Dendinger and Wallace were exposed were above safe levels, permissible exposure limits, and threshold limit values. 14. Dendinger and Wallace's continuous, repeated exposure to PVC and VC at the Sandusky facility of Chrysler: Murray & Murray eo..L.**. a aiM ratruiwiuk a,owno*i ATTOAMCT* AT CAW >*. OHIO -5 UCC 072442 * (a) caused Dendinger and Wallace serious physical injuries, including cancer and associated pathologies, which resulted in their deaths; (b) inflicted upon Dendinger and Wallace, prior to their deaths, severe physical and mental pain and suffering and extreme emotional distress; (c) rendered Dendinger and Wallace, prior to their deaths, permanently and totally disabled from employment; (d) repeatedly required Dendinger and Wallace, prior to their deaths, to obtain necessary hospital and medical care and to undergo surgeries and radiation and chemotherapy; (e) resulted in a permanent loss of Dendinger and Wallace's earning capacities; (f) caused Dendinger and Wallace's death. 15. At all times since Dendinger and Wallace's date of hire, Chrysler and the Individual Defendants knew or should have known that the work performed by Dendinger and-Wallace at the Sandusky facility gave rise to the inhalation, ingestion and/or absorption into their bodies of quantities of toxic and carcinogenic PVC and VC, the dangerous and deadly propensities of which were known to, or should have been known by, Chrysler and the Individual Defendants. 16. Chrysler and the Individual Defendants intentionally exposed Dendinger and Wallace to toxic and carcinogenic PVC and VC at unsafe levels during the course of Dendinger and Wallace's employment at the Sandusky facility of Chrysler as a condition of continued employment, as a result of which Dendinger and Wallace sustained the Injuries and losses, including the loss of life, referred to herein. Murray R Murray co..u..a. ATTOHNCT, AT LAW --------- -MMtf HHUIM ANDURRY, OHIO AA,?0 UCC 072443~W -- I ________ -6 17. During the course of Dendinger and Wallace's employment with Chrysler, and following the termination of Dendinger and Wallace's employment with Chrysler, Chrysler and the Individual Defendants intentionally withheld and/or concealed from Dendinger and Wallace and their physicians, material information and warnings concerning PVC and VC, including information as to the dangerous and deadly propensities of such substances, the effects of overexposure to such substances on human health, the signs and symptoms of overexposure, the routes and mechanisms of exposure and the precautions to take to avoid overexposure. Chrysler and the Individual Defendants knew or should have known of the material nature of the information described herein, information concerning which Dendinger and Wallace and their physicians were unaware and knowledgeable. 18. Chrysler and the Individual Defendants knew or should have known of the serious health hazards to Dendinger and Wallace which would result from their continuous, repeated exposure to PVC and VC, health hazards which could have been prevented ,vhad Chrysler an the Individual Defendants fulfilled the duties and obligations enumerated herein. 19. Chrysler and the Individual Defendants, by their intentional conduct, failed to provide Dendinger and Wallace with a safe place to work. 20. Chrysler and the Individual Defendants, by their conduct, acted in willful and/or wanton disregard for-the life, health and safety of Dendinger and Wallace. 21. As a direct result of Chrysler's and the Individual Defendants' intentional conduct, Dendinger and Wallace sustained the injuries and losses, including the loss of life, described herein. Murray & Murray coml.ra. A LtftAk ns'UiwaM MMCUTI, ATTO*N*Y* AT h*W M twm. AHOWSKT. OHIO 44,?0 UCC 072444 -7- 22. This cause of action is brought by Mary A. Dendinger, executrix of the Estate of Dendinger and Etta W. Wallace, personal representative of the Estate of Wallace, pursuant to comnon law and R.C. 2305.21, to recover for the injuries and losses sustained by Dendinger and Wallace up tc and including the time of their deaths. WHEREFORE, plaintiff Mary A. Dendinger prays for compensatory damages from Chrysler and the Individual Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for punitive damages from Chrysler and the Individual Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the Court deems proper. WHEREFORE, plaintiff Etta W. Wallace prays for compensatory damages from Chrysler and the Individual Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for punitive damages from Chrysler and the Individual Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the Court deems proper. SECOND CAUSE OF ACTION 23. All well-pleaded allegations contained in paragraphs 1 through 22-of the First Cause of Action are repleaded as if fully rewritten herein. 24, The PVC Resin Manufacturers negligently failed to take proper steps to instruct and warn Dendinger and Wallace of^the dangers of Hurray & Murray co..l.ra. * ktOAL. *muioh aieeT<ii ATTOMNCVS T LAW M, UKTii. M| ne 4*T0 UCC 072445 -fi overexposure to PVC and VC and the routes and mechanisms of exposure; failed to provide Dendinger and Wallace with information on the dangerous carcinogenic propensities of PVC and VC; neglected to inform Dendinger and Wallace of the effects of overexposure to PVC and VC on human health; failed to instruct or warn Dendinger and Wallace concerning the signs and symptoms of overexposure to PVC and VC; and failed to provide information to Dendinger and Wallace as tc precautions necessary to prevent overexposure to PVC and VC. 25. The above-described actions and omissions of the PVC Resin Manufacturers were in willful and/or wanton disregard of the life, health, and safety of the users of their product, including Dendinger and Wallace. 26. As a direct and proximate result of the conduct of the PVC Resin Manufacturers described herein, Dendinger and Wallace sustained the injuries and losses, including the loss of life, enumerated above. WHEREFORE, plaintiff Mary A. Dendinger prays for compensatory damages from the PVC Manufacturers, jointly and severally, in the amount of ten million dollars ($10,000,000.00); 1'or punitive damages from the PVC Manufacturers, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the Court deems proper. WHEREFORE, plaintiff Etta W. Wallace prays for compensatory damages from the PVC Manufacturers, jointly, and severally, in the amount of ten million dollars ($10,000,000.00); for punitive damages from the PVC Manufacturers, jointly and severally. In the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the Court deems proper. Murray Murray co.,l.p.a. A MOAW MOflMIQNAb AtaeftUVldPI AttOtNCYft AT LAW mum*** MmiiI M |KT4 MHWI lANaUtRV, OHIO 44170 9- UCC 072446 THIRD CAUSE OF ACTION 27. All well-pleaded allegations contained in paragraphs 1 through 26 of the First and Second Causes of Action are repleaded as if fully rewritten herein. 28. PVC and VC are inherently dangerous, ultrahazardous products. As to the injuries and loss of life sustained by Dendinger and Wallace, the PVC Resin Manufacturers are strictly liable. PVC and VC were sold by the PVC Resin Manufacturers in a defective condition unreasonably dangerous to Dendinger and Wallace. Said PVC and VC reached Dendinger and Wallace without substantial change in the condition in which they were sold. 29. The above-described actions and omissions of the PVC Resin Manufacturers were in willful and/or wanton disregard of the life, health, and safety of the users of their product, including Dendinger and Wallace. 30. As a direct and proximate result of the conduct of the PVC Resin Manufacturers described herein, Dendinger and Wallace sustained the injuries and losses, including the loss of life, enumerated above. WHEREFORE, plaintiff Mary A. Dendinger prays for compensatory damages from the PVC Manufacturers, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for punitive damages from the PVC Manufacturers, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the .Court deems proper. WHEREFORE, plaintiff Etta W. Wallace prays for compensatory damages from the PVC Manufacturers, jointly and severally. In the amount of ten million dollars ($10,000,000.00); for punitive damages from the PVC Murray & Murray co..l.ka. A m.t Mrut<w4 MMCOTISN meNtv, at law --,i ANBUtKT.OMtO UCC 072447 -in- Manufacturers, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the Court deems proper. FOURTH CAUSE OF ACTION 31. All well-pleaded allegations contained in paragraphs 1 through 30 of the First, Second and Third Causes of Action are repleaded as if fully rewritten herein. 32. This cause of action is brought, in part, by Mary A. Dendinger, executrix of the Estate of Dendinger, pursuant to R.C. 2125.01 et seq.,for the wrongful death of Dendinger and for the exclusive benefit of the surviving spouse and children of Dendinger, all of whom have suffered catastrophic damages by reason of Dendinger's terminal cancer and death, including: (a) funeral, burial, hospital and medical expenses; (b) loss of support as a result of the elimination of Dendinger's earning capacity; (c) loss of Dendinger's services; (d) loss of Dendinger's society, companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, education and love; (e) loss of prospective inheritance; and, (f) extreme physical and emotional pain and suffering and mental anguish. 33. This cause of action is also brought, in part, by Etta W. Wallace, personal representative of the Estate of Wallace, pursuant to R.C. Murray K Murray cb.,l.k*. A .mrUMHM. UIOM1M* .TTOMNCT, AT tAW mmtmr .mam. (HUH -- AMOUORV, ONI* 44170 -11- UCC 072448 2125.01 et seq. , for the wrongful death of Wallace and for the exclusive benefit of the surviving spouse, children and father of Wallace, all of whom have suffered catastrophic damages by reason of Wallace's terminal cancer and death, including: (a) funeral, burial, hospital and medical expenses; (b) loss of support as a result of the elimination of Wallace earning capacity; Cc) loss of Wallace's services; (d) loss of Wallace's society, companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, education and love; (e) loss of prospective inheritance; and, (f) extreme physical and emotional pain and suffering and mental anguish. 34. As a direct result of the conduct of the defendants enumerated herein, Dendinger contracted terminal cancer and died on April 2, 1986. As e direct result of the conduct of defendants enumerated herein and the consequent cancer and death of Dendinger, Mary A. Dendinger, Dendinger and the Dendinger's children: Maureen A. Dendinger, Lisa M. Dendinger, Brian F. Dendinger and Sean A. Dendinger, sustained theinjuries, losses and damages described herein. 35. As a direct result of. the conduct of the defendants enumerated herein, Wallace contracted terminal cancer and died on July 23, 1985. As a direct result of the conduct of defendants enumerated herein and Murray Si Murray cd..l.aa. A MtrHIIMH Soeu>TlN 1TTOKNIVI *T erne *4979 UCC 072449 -12- the terminal cancer and death of Wallace, Etta Wallace and Etta's two minor children, Angela May Wallace and Sarah Joanne Wallace, and Wallace's father Roscoe Wallace, sustained the injurres, losses and damages described herein. WHEREFORE, plaintiff Mary A. Dendinger prays for compensatory damages from Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for punitive damages from Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the Court deems proper. WHEREFORE, plaintiff Etta W. Wallace prays for compensatory damages from Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for punitive damages from Defendants, jointly and severally, in the amount of ten million dollars ($10,000,000.00); for reasonable attorney and expert witness fees and costs; and for such other and further relief as the Court deems proper. Kirk J. Del 1i Bovi MURRAY MURRAY CO., L.P.A. Attorneys at Law 300 Central Avenue Sandusky, Ohio 44870 Telephone (419) 627-9700 Attorneys for Plaintiffs JURY DEMAND Plaintiff hereby demands a trial by jury. Murray Murray co..l.aa. ATTOHNCVt +* WAN* UllNtW AMI AMSUBBT, OHIO 44IT9 Dennis E.t Murray Kirk J. Del1i Bovi MURRAY & MURRAY CO., L.P.A. Attorneys for Plaintiffs UCC 072450 CERTIFICATION This Is to certify that a copy of the foregoing was served upon all counsel of record by mailing said copy, postage prepaid, addressed as follows: K. Donald Carmin, Esq. EASTMAN & SMITH 800 United Savings Building Toledo, Ohio 43604-1141 Attorneys for Chrysler and Individual defendants Ellis F. Robinson, Esq. RITTER, BOESEL, ROBINSON & KARSH 610 United Savings Building Toledo, Ohio 43604 Attorneys for Shintech, Inc. Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 North Erie Street Toledo, Ohio 43624 Attorneys for Diversified General Timothy 0. Coughlin, Esq. 1100 National City Bank Building Cleveland, Ohio 44114 Attorneys for Stauffer Chemical Company H. William Bamrr.an, Esq. KANAHAN, PIETRYKOWSKI & BAMMAN 414 N. Erie, P.0. Box 2328 Toledo, Ohio 43603 Attorneys for A. Schulman, Inc. Robert A. Bunda, Esq. 1200 Edison Plaza P.0. Box 2088 Toledo, Ohio 43603 Attorneys for The Goodyear Tire & Rubber Company, The BF Goodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, Diamond Shamrock Corporation, Tenneco, Inc. and Occidental Chemical Corp. this 5rcj day of February, 1987 rray & Murray co,,l.*a. AT LAW 14- UCC 072451 Plaintiff has been advised by her attorney that the trial of this case will be advanced out of regular order if she requests that all of the testimony be pre-recorded on videotape pursuant to Civ. R. 40. _____ Plaintiff requests that the trial be advanced. X Plaintiff does not wart the trial to be advanced. /A'fl Denni s e\ Murray Kirk J. Delli Bovi MURRAY & MURRAY CO., L.P.A. Attorneys for Plaintiffs Murray Murray co..l.ra. A KOAI, mfMIIO.U ASSOCIATION iNAvur, OMie Mire -15- UCC 072452 EXHIBIT D RULES or PRACTICE OF COUnT OF COMMON PLEAS, ERIE COUNTY, OHIO EFFECTIVE AUGUST 15, 3981 UCC 072453 TABLE OP CONTENTS Bui* 1 Pleadings and other paper*......................... .............................. .. ...........i 1*01 ~ ................................................................................ 1 1.02 - Attachment*................................................................................ 1.0? - Copies...................... 1 1 1.04 - Aeees* to and Inspection of Piles..........................................2 Buie 2 - Leave to Plead and Amendaent of Pleadings...................................... 2.01 - General.............................................................................................................. 3 2*02 - Cases Assisted forTrial........................................................................... 3 Rule 3 - Assignment of Cases to be ftereeorded: Objections to................ 4 Rule 4 - Civil Motions....... ................................. .5 4.01 - Memoranda and Oral Arguments................................. ..........................3 4.02 - Motions Requiring Immediate Attention of Court.......................3 4.03 Procedure 8ube^uent to Piling Motion.................... ..................... .3 Rule 3 * Appeals to the Cosmos Fleas Court............................. .......................6 3.01 - Briefs.................. .*...6 5.02 - Oral Argisaenti............ ..................................................................................6 Rule 6 - Bquity...................................................................... 7 v 6.01 Real Batata Proceedings........................................ ................... ..............7 A. Foreclosure. Quiet Title and Partition Actions...............7 B. Sheriff's Salas................................. 9 6.02 - Restraining Orders andInjunctions............................................. ..10 Rule 7 * Counsel............................................................................................................. 11 7*01 - Appearance*......................... .... ............... .................................................... 11 7.02 - Withdrawals......................................... ...11 UCC 072454 KILE 4 CIVIL MOTIONS 4.01 Memoranda and Oral Arguments A MBormndus citing the authorities relied upon mist be filed with ell civil motions, including motions' tor SLBs&ery judgment raising questions of lew or feet for determination. If oral argument is requested, such will be noted on the notion at the tine of filing. Failure to make such request will be eensldered a waiver of oral argvment. the Court, In its discretion, nay grant or dany n request for oral argment. Opposing counsel will file a neaorandia eontra or request oral argunent within fourteen (14) days of the e<n<g of the notion or It will be asswed that the notion la to be submitted on the moving party's memorandum only. A reply memorandum may be filed within seven (?) days of the ef the memorandum centra. 4.02 Notions Esquiring Inedlate Attention of Court Khan a motion requires the attention of the Court, a copy shall be hand-delivered to the Judge's office or mailed directly to the Judge. 4.03 Procedure Subsequent to Filing Motion Subsequent to the filing of any notion, all eorreeponde communication relative to the case be directed te the Judge or Law Clerk. UCC 072455