Document qdrXZgjJy4982aqzVgOaqK3zx

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1946-1947 DOC#: EADS020 DOCUMENT DESCRIPTION: Documents from Case of Joseph Slovak UTM JERSEY SUPREME 1 SOMERSET COUNTY j:JOSEPH SLOVAK, j( Plaintiff, '!1 --VS- t * s Action at Law ' JOHNS-LiANVILLE CORPORATION, : ! Defendant. COMPLAINT i1 : The plaintiff, Joseph Slovak, residing in i'anville, 1County of Somerset, and State of New Jersey, says that* H , . FIRST COUNT 1 . Plaintiff was in the employ of the defendant cor poration at its plant at Uanville, N.J. for many years until January 27, 19^ 5 and from Way 7 , 19*+5 to Way 17, 19*+5* Eov;- ever, the plaintiff*3 cause of action for damages for the injuries suffered by him, as hereinafter set forth, arose at the end of the year 19M k 2 At the time and place aforesaid, the defendant ;corporation was engaged in the manufacture of various asbesto iproducts for commercial purposes. |{ ii 3 The 3aid defendant employed the plaintiff in its i isaid work, and not only knew, but should have known, that L * ,there was generated in the said processes, certain dangerous i* insidious and harmful dust particles that was destructive to ilife and health in the human body, when it penetrated cr .entered the same. t i b, At the time and place aforesaid, it was the duty ;of the defendant to furnish the plaintiff with a reasonably m o sn q t n d m a im s X. **1' * 5. The said defendant, -not only knew, but should hav | known, the dangerous nature of the said dust, bit failed to i . i' : keep the same in control, and was negligent in permitting ! . ! the said dust particles to escape and to come into close | _ j , > .. ............. ' _,<*. . i proximity of the plaintiff*s person, and expose the plaintiff .j so that he came into contact with and inhaled the said dust i particles to the extent that his bronchial tubes, lungs, in- i * ' : * * * i ' . . . . I ternal organs and body became permeated and infected with | , the same# j 6. At the tine and place aforesaid, the defendant ' violated the duty it owed to the plaintiff and i I in the following respects i . * (a) In failing to use reasonable care was negligent to provide 1 the plaintiff with a safe place of work ! (b) In failing to use reasonable care to provide a i- ; safe manner End means of operation and in failing to provide the plaintiff with proper appliances or safeguards in said j: work. (c) In failing to use reasonable care i . test3 or inspections of the places wherein the i' : worked. I' - ...... to make proper plaintiff {' (d) In failing to use reasonable care to provide a i! {,proper ventilating system in the places wherein the plaintiff i worked. j: (e) In falling to use reasonable cape to provide the r | plaintiff with a proper respirator or other appliances to 11sufficiently protect him from the dust particles. ^ (f) In failing to properly inform itself of the dan- j gers of the said dust. fcr\ tr cr.n-inD* t n P^ve the olaintlff proper warning, (i) In violating the Labor Lhts of the btate ol' Kew Jersey (R.S. of N.J. 1937 3l+*6- W > *nd R.S. of N.J. 1937, 3V:6-61), in that tho defendant failed to provide reasonably Ieffective devices, means and methods to prevent the contrac tion by the plaintiff of a disease incident to his employment, and likewise failed to provide sufficient ventilation and means of ventilation to render harmless as far a3 practicable the excessive' dust and impurities injurious to the health of j the plaintiff that were generated by the defendant, j .. . 7* By reason of the aforesaid negligence on the part |of the defendant, the said dust particles; were Introduced 1I jinto the plaintiff's system and body at the tine and place t;aforesaid, so that the plaintiff became afflicted with `pneumoconiosis, and the aggravation of a cardiac condi ^.on, which injuries were caused, aggravated, activated, accelerated fand exacerbated through his inhalation of the said dust par- `tides, and by reason of the foregoing, the plaintiff's life j.has been shortened and the plaintiff has been caused a sari- - !ous and permanent injury. By further reason of the foregoing, II ;pleintiff has endured and will endure great pain and mental !anguish, and will incur the expenditure of sums of money for 1 medical attention and treatment, and has lost and will lose I large sums of money in earnings, all to his damage in the I sum of $1+0000.00. 1 Plaintiff, Joseph Slovak, demands the sum of Forty j :Thousand Dollars ($UO.OOO.OO) as damages from the defendant under this First Count, . i i SECOND COUNT 1 . Plaintiff repeats the allegations of paragraphs '1, 2 and 3 of the First Count. o At. the tine and place aforesaid, it was the statut iwhich it m u s uncaged (R .S . of N .J., 19o7j &nd it ,'was likewise the .statutory duty .of the defendant to. provide i sufficient ventilation and means of ventilation which should i ias far as practicable render harmless the dust and impurities i of its plant (B.S. of N.J* 1937 3^:6-6l). ! . 3. In vidation of its said statutory duties, the defendant failed to provide reasonably effective devices, !means and methods to prevent the contraction by the plaintiff I ' * ;of a disease incident to his employment in the defendant's plant, and likewise failed to provide sufficient ventilation `and means of ventilation to render harmless as far as practiI cable, the excessive dust and impurities injurious to the i health of the plaintiff which were generated in the manufac turing process. I By reason of the violation of its statutory duties the said dust particles were introduced into the plaintiff's I system and body at the time find place aforesaid, so that the , plaintiff became afflicted with pneumoconiosis, and the aggra. jvation of a cardiac condition, which injuries were caused, jaggravated, activated, accelerated and exacerbated through :his inhalation of the said dust particles, and by reason of 1 Ithe foregoing, the plaintiff's life has been shortened and the plaintiff has been caused a serious and permanent Injury. lt jBy further reason of the foregoing, plaintiff has endured ^and will endure great pain and mental anguish, and will incur the expenditure of sums of money for medical attention and jtreatment, and has lost and will lose large sums of money in -,earnings, all to his damage in the sum of V0,000.0Q. I. : ! Plaintiff, Joseph Slovak, demands the sum of Forty i 1Thousand Dollars (^O^OO.OO) as damage*: from the defendant t LOUAI -V/-.N V , 1 -- - i~ C ^{ft/vAvlr7 J'/PA) /2~ - > / ~ y. ORPfiR otwnuA)& fivrtf ...-fkjZT0(C-Z- >AJ . - 2--T--7--^? jKil/tD*) / - i^ ^ iiy if L . C O l f fW T H J-fc* ) (> fi)lilrtO C d p $ '/ f ? COA)JO. 'iCs&ty, * UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JOSEPH SLOVAK, i Plaintiff, s -vs- : JOHNS-DANVILLE CORPORATION, : Defendant, : ^ Cr- S Action at Law ORDER Pursuant^) the attached Stipulation, it is, on this ORDERED that the above entitled action Is dismissed with prejudice, each party to bear his own COStSo 6 U.S.D.J. * j :* UNITED STATES DISTRICT COURT Pen THE DISTRICT OF NEW JERSEY JOSEPH SLOVAK, * Plaintiff, : -vs- t JOHNS-MANVILLE CORPORATION, j Defendant* : Action at Law STIPULATION FOR DISMISSAL IT IS HEREBY STIPULATED that the above entitled action may be dismissed with prejudice, each party to bear his own costs* Dated: February^! 19^7 JL 'l tothbara, Harris and Oxfeld Attorneys for Plaintiff* / v - / / -/ / ' -- / / / /rfkii ,/7/MAA^j-'//(rrZi Hobart, 1/inard & Ccoper ' ^ Attorneys for Defendant