Document r9G988OmkqvQgE12qGYGOY1V

SERVICE OF PROCESS TRANSMITTAL FORM TJit,Carpf-.r*ilon Tr^ft^OMpany C T CarpJrMWh Syittm hJ A**l*tyfl ^MkpllHlM TOi Mr. E.-J. Put-zeJ], Jr.____________ e/o Mnnnantn Chem-tcal Company Rr>0 M T.^nttharg-h--------------------------------- .St.JLaiiis Mi agmuM ST, LOUIS MISSOURI ICltf) (!) FEBRUARY 27. 1964 (0.1.) X ) VIA CERTIFIED MAIL ) VIA CERTIFIED AIR MAIL ) VIA MESSENGER RE: PROCESS SERVED IN THE STATE OF ,MISSOURI FOR. MONSANTO CHEMICAL COMPANY (Naira of Company) Delaware (Homo Slat*} Enclosed are copies of legal process served upon the statutory agent of the above company as follows: 1. Title of Action. WALTER F. MILLER vsB, F. BRAKENFSLD AND COMPANY and MONSANTO CHEMICAL COMPANY ' 2. Document(s) Served. Summons and Petition 3. Court.circuit Court, Div.I, St. Louis, Missouri, No.62116 E 4. Nature of Aeiion.Piaintiff prays Judgment against defendants and each of them ir the sum of $17,500,00 and costs for alleged injuries caused by using 24-018 enamel in 487 oil as supplied by defendants while employed with International Bent Glass Company, Inc., at St. Louis, Missouri 5. On Whom Process was Servedt _ _ ,. ,,. , C T CORPORATION SYSTEM, St. Louis, Missouri . 6. Data and Hour of Service. February 27, 1964 at 11:00 a.m. 7. Appearance or Answer Due. 30 days after service, exclusive of day of service 8. Plaintiff's Attomey[s]i Guilfoil, Caruthers, Symington, Montrey & Daniel 434 Paul Brown Building 1 St, Louis, Missouri 9. Remarks. OZ**77* KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING TO US THE ENCLOSED CARBON COPY OF THIS TRANSMITTAL FORM. ,, ^ Sinned C T CORPORATION SYSTEM Address 314 North Broadway St, Louis, Missouri____________ MVJ75-T MS SQM M HARTOLDMON0095291 STATS OP MISSOURI ) * SB CITY OP ST. LOUIS ) IN THE CIRCUIT COURT OP THS CITY OP ST* LOUIS STATS OP MISSOURI halter f. miller ) ) Plaintiff, ) ) -vs- ) } 3.F. DRAKENFELD AMD COMPANY, ) a corporation, ) Cauift Ho. 45 Park Place, . } . Hew York 7, New York .) Division Ho. Ono Serve; Secretary of State, )' Jefferson City, Missouri, ) ) -and- ) ) MONSANTO CHEMICAL COMPANY, ) a corporation, ) Servet C.T. Corporation Service, ) 314 North Broadway ) Saint Louis 2, Missouri, > ) . Defendants. ) PETITION COUNT I Plaintiff, for hia causa of action in Count I of this petition, state** , 1. Defendantf B. F, DraXenfeld and Company, (hereinaf ter called "DraXenfeld") is and at all titles hereinafter men tioned was a foreign corporation duly organized end existing under the law. 2, Defendant, Monsanto Chemical Company, (hereinafter celled "Monsanto1*} is and at ell times hereinafter mentioned. 0299776 HARTOLDMON0095292 _) vaa & corporation organized and existing under Che laws of the State of Delaware, having a registered agent and office in the City of St. Louis, State of Missouri, and having its principal place of business in the State of Missouri. 3 Defendant Drakenfeld is engaged in the business of manufacturing, preparing and distributing into the channels of trade paints and enamel's, and among the various products so distributed by said defendant Is an enamel known as 24-013 enamel in 487 oil, 4, Defendant Monsanto is engaged in the business of manufacturing and preparing chemicals, chemical products, oils and thinners and distributing said products into the channels of trade, and among the various products so manufactured and distributed by said defendant is the product known as Aroelor 4465. `L 5, Defendant Drakenfeld prepares the aforesaid product 24-018 enamel in 467 oil by combining various other materials with Monsanto's product Aroelor 4465. 6. At all times hereinafter mentioned, both defendants herein did know and intend that said products would be used by the consuming public,and would be handled* dealt with* touched and fumes thereof would be inhaled by the public, and both de fendants placed said product! in the channels of trade with such knowledge and intention, 7. During the years l9S8a 1959# 1960 end 1961t and until the month of May, 1962, defendant Drakenfeld contin uously supplied 24-016 enamel in 487 oil containing defendant Monsanto's Ardor 4465 to the International Bent Glass Company, -2 - HARTOLDMON0095293 Inc., in St. Louis, Missouri, and said product was used daily by said latter company in the process of making its products, At all times during which 24-013 enamel in 43? oil was so used in the manufacturing processes of International Bent Glass Com pany, Inc., both defendants herein did impliedly warrant and represent that the products 24-018 enamel in 487 oil and Aro- clor 4485 were fit and safe for such use by the public, but both defendants and each defendant knew that such products contained chlorinated biphenyls and chlorinated triphenyls, with a high amount of chlorination} said defendants, and each of them, knew that said products would from time to time be heated or baked in ovens, and that use by the public of said products was likely to cause liver damage, skin eruptions, rashed acne, cysts and dermatitis of various kinds. 8. Plaintiff, beginning in the year and continu ing until the month of May, 1962, made use of 24-018 enamel in 437 oil, as supplied by defendants in his employment with International Bent Glass Company, Inc,, at 8t. Louis, Missouri, and, in connection therewith, handled said product, touched same, and inhaled the fumes thereof, all iq reliance on the skill and judgment and aforesaid warranty of both defendants, being wholly unaware ot the toxic and dangerous ^u&iitiea of such products. 9* Outing the year of use Of said prc'. -r; . plaint.iff began to suffer eruptions of pl%;n- - ' ver and about plaintiff's neck, shoulders, cheat, buttocks, face, ears and eyelids; said areas became cov ered with comedones, cysts, acne, infectious lesions, papules -3- 94T?A and a condition known as chloracner plaintiff's eyelids and periorbital akin became erythematous, edematous and scaly; plaintiff's liver became injured, damaged and diseased. Plain tiff continued to suffer these aforesaid conditions through the period of time during which he used 24-01B enamel in 487 oil, still suffers the residual effects of the same, end will suffer said residual effects permanently. 10. At various times throughout the period of time heretofore mentioned, diligent attempts were made by plaintiff, his employer, International Bent Glass Company, Inc., its re presentatives, and other employees similarly injured, and their representatives, to determine, discover and ascertain the nature, extent and cause of his disease and injury through the use of various skilled medical experts and specialists, but said medical experts and specialists were unable to determine, discover or ascertain the same. During the month of Kay, 1962, The Occupational Health Research and Training Facility , Divi sion of Occupational Health, Public Health Service, United States Department of Health, Education and Welfare, as a result of an investigation conducted by its representatives in March, 1962, determined, discovered and ascertained for the first time that the direct and proximate cause of plaintiff's condi tion, as heretofore alleged, was the use of defendant Drakenfeld's 24-018 enamel in 487 oil, containing defendant Monsan to's Aroclor 4-65, and communicated its finding to plaintiff in the month of May, 1962, thus constituting plaintiff's first knowledge of the direct and proximate cause of his condition, as heretofore alleged. 4- 0294TT9 O 11. As a result of the aforesaid actiojiB of defen dant Drakenfeld, said defendant has engaged in a continuous course of tortious conduct commencing in L95Q end not termina ting until Hay, 1962, and thus defendant DraJcanfeld has com mitted a tort in whole or in part against the person of the plaintiff in the City of St. Louis, State of Missouri, after the effective date of V.A.M.S. 1949, Section 351.630, to-wit, October 13, 1961, and has thereby agreed that the Secretary of State of Missouri shall be its agent for the service of process, all as is provided in said V.A.M.S. 1949, Section 351.630. 12. Plaintiff has become obligated for large sums of money for medical attention for the aforesaid conditions and will become obligated for additional such sums in the future in .an amount not now ascertainable. WHEREFORE, the.premises considered, plaintiff prays judgment against the defendants and each of them, on this Count 1 of the petition for sayojjt^n Thousand Hvs Hundred Dollars ($17,500*00) and for his costs, eosm-xi Plaintiff for his cause of action in Count II of the petition, statesi 1. Plaintiff restates and realleges eaeh and every allegation in Paragraphs 1, 2, 3, 4, 5 and 6 of Count I of this petition. . 2. During the year. USB< X959< ^ X961( and until the month of May, 1962, defendant Drakenfeld contin- HARTOLDMON0095296 uously supplied 24-018 enamel in 437 oil containing defendant Monsanto`e Aroclor 4465 to the International Bent Glass Com pany/ Inc., in St. Louis, Missouri/ and said product was used daily by said latter company in the process of making its pro ducts. 3. Both defendants and each of them knew, or in the exercise of ordinary care should have known that said products, containing highly clorinated biphenyls and triphenyls, are, and for many years have been, known to be of e toxic and dan gerous nature in that they were reasonably likely to cause abnormal reactions, akin eruptions, rashes, liver damage, der matitis and diseases, and defendants and each of them wars under a duty to give an adequate warning of euch dangers and risks to the public who used such products, but both defendants and each of them negligently breached said duty by failing and omitting to give an adequate warning of such dangers and risks. 4. Plaintiff restates and realleges each and every ellegation of Paragraphs 8, 9 and 10 of Count I of this Peti tion. - 5. Plaintiff was injured in the particulars alleged hereinabove in Count X, Paragraph 9, and as herein realleged in Paragraph 4 of this Count, as a direct and proximate result of defendant's negligence as heretofore alleged. 6. ?leintiff restate* And reallege* each and every allegation of Paragraph* 11 and 12, Count 1 of this petition. wherefore, the premises considered) plaintiff prays judgment on this Count IX of this petition against the defen -6- HARTOLDMON0095297 HARTOLDMON0095298 Fatm N*. ft lt Circuit Court for the Gty of St. Louis SttU of Miuouii Walter Ff Hiller VI . B.i\ Svaicanfeld and Company , & corpar.,tia-. ot al Ov............1. Defendant!. SUMHOKS Tlw 8Mt ot MiHouri to Defmduit... HWmaatO Owwloal Coapftny, * corporation You are hereby summoned to appear before the above-named court and to die your pleading to the petition, copy of which it attached hereto, end to ferve a copy of your pleading upon.................................... Qullfoll, CaruthBrs, Syialtijjton, Kontrey & tenia1 . attorney?... for plaintiff.. whose address is.. *iH0h^i Paul BTlTro'Qwwn BFUidAer* all within 30 days after service of this summoos upon you, exclusive of the day of service. If you fall to do so, judgment by default will be taken against you for the relief demanded in the petition. . Dn^jF^bnioiy..... 26l................. J9...0., PHEL1M O'TOOLE ............. cKt'cierk!' (Seal of Circuit Court) Clerk. 0299713 HARTOLDMON0095299 RETURN ON SERVICE OF SUMMONS t hereby certify that I have lerved the Within aummona: (i) By delivering on the.................................. day at........................................................ ................. 18.... a copy of the summons and a copy of the petition to each of the within-named, defendants......................... (2) By leaving on the........................................dey of.......................................................................... 19...... for feet* q( the w!th|n*-(um*4 dafeildanta .. ,.,....... i::r:>!.!.:.!1.j,lri,.r(.,rv:cinnii..........rjTcnTtuiiriT.nt.n.tr.:............. TV............. .......... 1 o! the lummnni and a copy at tiin petlU (t ihB (feltiiitod<M^ aaid'delendanU Whk acme Lierann ot nil or her family over the ege of 15 yeeni place ol Mt at (S) By................................................................................................................................................................ All done In . Sheriff! fees: Summoni..... $ Non eat........ Mileage........ |_ Total............f ..County, MleenirL Sheriff of.................................................................... County, Missouri, MEEOTION8 To SHERIFF Deputy Sheriff. a five. 2T Civil Cede, 0299784 C) HARTOLDMON0095300