Document rLbb5477pBNokZx5XVGxJvqV

HO ARBITRATION JURY TRIAL DEMANDED ASSESSMENT OP DAMAGES BEARING IS NOT REQUIRED MATTIONI, MATTIONI * MATTIONI, LTD. BY: EUGENE MATTIONI, ESQUIRE Identification No.: 15291 Suite 200, 330 Market Street Bast Philadelphia, PA 19106 (215) 629-1600 Attorney for Plaintiffs ROBERT MC CULLOUGB and PRECILLA MC CULLOUGB 6534 N. 18th Street Philadelphia, PA 19126 v. ASSOCIATED LEAD, INC. 2545 Aramingo Avenue Philadelphia, PA 19125 and NATIONAL LEAD INDUSTRIES, INC. 2545 Aramingo Avenue Philadelphia, PA 19125 also* Wychoff Mills Road Hightstown, NJ 08520 also P.O. Box 700 Hightstown, NJ 08520 and NATIONAL LEAD INDUSTRIES, INC. PIGMENTS AND CHEMICALS DIVISION 2545 Aramingo Avenue Philadelphia, PA 19125 also Wychoff Mills Road Hightstown, NJ 08520 also P.O. Box 700 Hightstown, NJ 08520 and COURT OF COMMON PLEAS PHILADELPHIA COUNTY AUGUST TERM, 1985 NO. 3253 ARTHUR STIPPEL, M.D. 1107 E. Erie Avenue Philadelphia, PA 19124 and A.M. ABERICO, M.D. 900 E. Howell Street Philadelphia, PA 19149 and CLAUDE P. BROWN, M.D. 1930 Chestnut Street Aldine Professional Bldg. Philadelphia, PA 19107 and FRANCIS J.A. RENZULLI, M.D c/o National Lead Company 2545 Aramingo Avenue Philadelphia, PA 19125 and SIDNEY LERNER, M.D. University of Cincinnati 3233 Eden Cincinnati, OH 45267 and NL 000039539 N.L. INDUSTRIES, INC. 2S45 Aramingo Avenue Philedelphie, PA 19125 also Wychoff Mills Road Bightstown, NJ 08520 also P.0. Box 700 Bightstown, NJ 08520 and NATIONAL LEAD COMPANY 2607 East Cumberland Street Philadelphia, PA 19125 also Wychoff Mills Road Bightstown, NJ 08520 also P.O. Box 700 Bightstown, NJ 08520 MINE SAFETY APPLIANCE COMPANY 609 Penn Center Boulevard Pittsburgh, PA 15235 Certain unnamed Health Testing Centers COMPLAINT .4 Plaintiffs, through undersigned counsel, sues defendants, Associated Lead, ("Associated Lead") Inc.; National Lead Indus tries, Inc., ("National Lead Industries"); National Lead Indus tries, Inc., Pigments and Chemicals Division ("Pigments and Chemical Divisions"); National Lead Company, ("National Lead") N.L. Industries, Inc. ("N.L."); Arthur Stiffel, M.D.; H. M. Aberico, M.D.; Claude P. Brown, M.D.; Francis J. B. Renzulli, M.D.; Sidney Lerner, M.D.; and Mine Safety Appliance Company and for their causes of action, plaintiffs respectfully state: 1. Plaintiffs herein are: Robert McCullough and Precilla McCullough, husband and wife, who live at 6534 N. 18th Street, Philadelphia, Pennsylvania 19126. 2. Defendants herein are: NL 000039540 a. Associated Lead, Inc., is a Delaware corporation with its principal place of business at 254S Araaingo Avenue, Philadelphia, Pennsylvania 19125. b. National Lead Industries, Inc., is a New Jersey corporation with its principal place of business at 2545 Araaingo Avenue, Philadelphia, Pennsylvania 19125. c. National Lead Industries, Inc., Pigments and Chem- ical Division, is a division and/or affiliated corporation of Na tional Lead Industries, and it has its principal place of busi ness at 2545 Araaingo Avenue, Philadelphia, Pennsylvania 19125. d. National Lead Coapany is a New Jersey corporation, with; its principal place of business at 2607 East Cumberland A Street, Philadelphia, Pennsylvania 19125. 7 e. N.L. Industries, Inc. is a New Jersey corporation with its principal place of business at 2545 Araaingo Avenue, Philadelphia, PA, 19125. f. Arthur Stiffel, M.D., is an individual residing or having an office at 1107 E. Erie Avenue, Philadelphia, Pennsyl vania 19124. g. H. M. Aberico, M.D., is an individual, residing at or having offices at 900 E. Howell Street, Philadelphia, Pennsyl vania 19149. h. Claude P. Brown, M.D., is an individual, residing at or having offices at 1930 Chestnut Street, Aldine Professional Building, Philadelphia, Pennsylvania 19107. i. Francis J. A. Renzulli, M.D. is an individual who has offices at 2545 Araaingo Avenue, Philadelphia, Pennsylvania 19125. , NL 000039541 j. Sidney Lamer, M.D., in an Individual who has offices at the University of Cincinnati, 3233 Eden Street, Cin cinnati, Ohio, 45267. At all tiaes herein. Or. Lerner did business in Pennsylvania, County of Philadelphia. k. Nine Safety Appliance Company, is a Pennsylvania corporation with its principal place of business at 609 Penn Center Boulevard, Pittsburgh, Pennsylvania 15235. l. Unknown medical offices who performed certain med ical services, health tests or other tests on Nr. McCullough. 3. The amount in controversy is in excess of $20,000 exclusive of interest and costs. 4. This Court has jurisdiction of this matter pursuant to 42 Pa.C.S.A. S931. 1 5. This Court has venue of this matter pursuant to Pa. R. Civil Procedure, under 1006, 1042. 6. In or around 1960, defendant, National Lead Industries, owned and operated a lead smelting and/or refining plant at 2545 Aramingo Avenue, Philadelphia, Pennsylvania 19125. National Lead Company and National Lead Industries, Pigments and Chemicals Di vision, were and remain subsidiaries to National Lead Industries and N.L. Industries. 7. Upon information and belief, the operations of the plant at 2545 Aramingo Avenue included, but were not limited to the manufacture, refinement and/or use of white lead, red lead, lithange, sugar of lead, arsenate of lead, lead chronate, lead sulphate, lead nitrate, fluo-silicate. NL 000039542 8. In or around 19(7, Rational Lead changed thtir name to H. L. Induatrlas. In all other respects, the plant at 254S Aramingo Avenue remained the same. 9. In or around 1980, Associated Lead purchased and/or otherwise acquired the plant at 2545 Aramingo Avenue from Na tional Lead Industries. 10. Upon information and belief, the operation of the plant included, but was not limited to the manufacture, refinement and/ or use of white lead, red lead, lithange, sugar of lead, arsenate of lead, lead chronate, lead sulphate, lead nitrate, fluosilicate. 11. At all times material hereto, the aforementioned de fendants provided services and products either directly to plain tiff or through his employer which they represented were for the purposes of protecting and keeping safe the plaintiff from injury and illness caused by lead and other chemicals, harmful vapors, dust, noise and any other damaging exposure by reason of his em ployment in the metals smelting and refining plant. 12. Plaintiff was employed by Associated Lead, Inc., and its predecessors in interest for a period commencing on or about the year 1960, to on or about the year 1980. 13. At all times material hereto. Associated Lead Inc., and its predecessors in interest, were engaged in the business of smelting and refining secondary lead based scrap materials and other heavy metals. 14. At all times material hereto, the plaintiff was exposed to heavy metals, including without limitation lead scrap, lead _4_ NL 000039543 -J ..................... dross# molten and hot lead# cadaiua# arsenic, chemicals, harmful dusts and vapors and excessive noise# aaong othsr noxious substances produced at the secondary lead smelting facility. 15. At all tiaes aaterial hereto# plaintiff aade use of any and all clothing and devices provided to hia at the work place for the purpose of preventing the plaintiff froa contracting injury and illness by reason of exposure to heavy aetals, chem icals# vapors# dust# noise# lead, cadaiua and arsenic# aaong other toxic substances within the lead plant. 16. At all tiaes aaterial hereto# plaintiff relied upon the representations aade by his superiors that the clothing and de vices would protect and keep hia safe froa toxic lead poisoning, arsenic poisoning# cadaiua poisoning# kidney disease# renal fail ure and other injuries and iapairaents related to toxic heavy aetal exposure# chemical exposure# and exposure to other toxic substances and noises within the lead facility. 17. As a direct result of his reasonable reliance upon those products# devices and services, plaintiff has contracted toxic heavy aetal poisoning# lead poisoning, renal dysfunction, deafness and all other injuries and iapairaents# psychological and physiological# precipitated and enhanced by plaintiff's exposure to his toxic work environment. Plaintiff has been permanently injured and disabled therefrom. 18. At all times aaterial hereto, all of the defendants had actual and/or constructive knowledge of the aedical and health risks to the plaintiff created and enhanced by plaintiff's ex posure to lead, arsenic, cadaiua, heavy aetals and chemicals. -5- HL 000039544 loud noises end the toxic vapors, dusts, fuses and noise given off or produced by the sane in the workplace. 19. notwithstanding the knowledge of all defendants, each of then wilfully, wantonly and in reckless disregard of the consequences, or negligently, failed to notify the plaintiff of the degree and severity of this risk and assured plaintiff of the safety of the procedures followed and safety precautions taken. 20. Defendants failed to provide and/or they provided im proper or inadequate notices or warnings to plaintiff of the risks of his work environment, misrepresented the safety of the workplace, concealed the harm they knew or should have known was being caused plaintiff by his work exposure and otherwise breached their respective duties to the plaintiff. 21. As a direct result of his reliance upon the products and devices aforementioned, plaintiff has in the past and will in the future be unable to attend to his usual duties and responsi bilities, be unable to work or be employed, be unable to enjoy life's joys and pleasures and advocations to his great loss as follows: a. Loss of employment which may continue indefinitely into the future at a loss of earnings in excess of $20,000.00 per year ; b. Reduced earning capacity as a result of his impair ment; c. Loss of general health, strength, welfare and vi tality; d. Loss of consortium; -6NL 000039545 * e. Be ha* been required to apply for public atsiatance to his great embarrassment and humiliation; f. Be has suffered great pain, inconvenience, embar rassment, aental anguish and humiliation, including emotional and psychogenic overlays which Bay and will continue into the future; g. Be now suffers, or stay in the future suffer, the following Bedical conditions: toxic lead poisoning, adverse heaatological effects, anemia, gastrointestinal ailments, anorexia, nausea, vomiting, diarrhea, constipation, colic, neurological effects, headache, insomnia, lead encephalopathy, personality changes, bad dreams, hyperirritability, trem ors, sensory and motor dysfunction, renal dysfunction, chronic interstitial nephritis, chronic hypertension, gout, cardiovascular abnormalities, cerebrovascular abnormalities, impaired adrenal and pituitary function, pulmonary dysfunction, impaired hearing, lassitude, severe muscle and joint involvement, psychological and psychiatric problems, impotence, loss of sexual drive, deafness and such other medical and emoti4nal conditions as treating and examining specialists find to be caused, precipitated, aggravated or enhanced by the work exposure. 22. As a direct result of his reliance upon the products and devices aforementioned, and ineffective health screening and medical care, negligence, carelessness, intentional misconduct, concealment, breach of duty, and violation of law by the defend ants, plaintiff has in the past and will in the future be re quired to expend large sums in the care and treatment of his in jury, and may require future hospitalization. 23. The aforesaid injuries were caused, aggravated and en hanced by the negligence, carelessness, intentional conduct and concealment of the defendants, their agents, servants, workers and employees acting in the course and scope of their employment or agency, all tc the injury and damage to the plaintiff. -7I NL 000039546 24. Plaintiff was at all tiaes op until Pabruary of 1985 unaware of tha nature and causa of his injuries or the causal relationship of those injuries to his overexposure to lead ar senic, cadmium, loud noises and other noxious substances within his work place. 25. Neither plaintiff employee nor plaintiff-wife could reasonably have discovered the nature and cause of plaintiff-em ployee's injuries or the relationship between these injuries and his overexposure to toxins within the work place due to defend ants' misrepresentations and their intentional, wilful, wanton, reckless, or negligent, concealment of such information from plaintiff-employee and from plaintiff-wife and from appropriate state agencies. .1 * 26. The nature and cause of plaintiff's injuries and the relationship between those injuries and his overexposure to tox ins within his work place was unknowable to plaintiff-employee and plaintiff-wife prior to Pebruary, 1985. 27. Plaintiffs could not have brought this action earlier than February 1, 1985, due to defendants' misrepresentations and concealment. This action is timely filed in view of the applica bility of the "discovery rule" to this case. 28. The negligence, carelessness and intentional conduct of defendants, their agents, employees and servants causing damage to plaintiff is as follows: NL 000039547 -8- COPHT QBE (vs. Associated Laid, Inc.) 29. Plaintiff repeats and realleges each and every allega tion contained in paragraph 1 to 28 inclusive of this Complaint, with the sane force and effect as if fully set forth and repeated herein. 30. On or about the year 1979, defendant Associated Lead, Xnc., purchased the aforenentioned secondary lead smelting and refining facility located at 2545 Aramingo Avenue from defendant HL Industries, Inc., its predecessor in interest. 31. At all times material hereto, from the first date of his employment to the date of his termination, plaintiff was em ployed at the 2545 Aramingo Avenue lead facility. r 32. From the time of its purchase in 1979 through 1980, and subsequent thereto, defendant Associated was notified by state and federal authorities, management personnel and defendant med ical physicians that its employees in the lead facility were be ing overexposed to lead, arsenic, cadmium, loud noises and other toxic substances and were manifesting symptoms of lead, heavy metals poisoning and other chemical poisoning and their related forms of illness and injury. 33. Prior to Associated's purchase of the facility, its predecessor in interest, NL Industries, had instituted a program whereby a medical health practitioner would conduct periodic med ical examinations for lead toxicity of each employee. 34. Upon information and belief, after Associated's pur chase of the facility, defendant Associated entered into a con- -9- ml 000039548 tractual relationship with defendant physicians for the purpose of continuing the periodic medical examinations to prevent lead arsenic, cadmium, loud noises and other toxicity in plaintiff. Knowledge of the nature and format of this contract is within the exclusive possession of Associated Lead. 35. The intentional and/or reckless misconduct of defendant Associated Lead consisted of the following: a. Failure to make the workplace safe from lead, heavy metals, dust, dirt, chemicals, noise and other toxic substances; b. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, dust, dirt, chemicals, noise and heavy metal toxicity from long-term exposure; c. Failure to inform the plaintiff of the symptomsJ of toxic long-term exposure to lead, arsenic, cadmium, dust, dirt, chemicals, noise and other toxic substances; d. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, and heavy metal toxicity being trans ferred to the employee's immediate family; e. Failure to inform the plaintiff of the long-term effects of lead, arsenic, cadmium and chemical poisoning once contracted; f. Failure to inform the plaintiff that the safety measures being implemented and adhered to were not protecting the employees from lead poisoning, arsenic and cadmium poisoning or overexposure to other toxic elements; g. Failure to inform the plaintiff that the medical health services being provided were not remedial and were not -10- IML 000039549 ........ .' protecting the plaintiff froa lead poisoning, arsanic and cadaiua poisoning or overexposure to othar tosie alaaants; h. Pailura to warn tha plaintiff that the safety gear and products being utilised ware not protecting the plaintiff froa lead poisoning, arsanic and cadaiua poisoning or exposure to other toxic eleaents; i. Representing to the plaintiff that strict adherence to the safety prograa and directives given with respect to the use of safety gear and aedical health services would protect the plaintiff froa lead, arsenic, cadaiua and exposure to other toxic eleaents; j. Failure to infora the plaintiff that his high blood lead levels would result in lead poisoning, kidney disease, renal failure, heart failure and related injuries; .4 J k. Failure to infora plaintiff that reaedial aedical treatment was required to prevent or correct the ill effects be ing caused by his high blood lead levels; l. Failure to remove plaintiff froa the highly toxic lead, arsenic, cadaiua and heavy metal infested environment prior to the date when plaintiff was terminated; a. Failure to render proper health screening, aedical care and treatment to the plaintiff; n. Failing and/or refusing to act upon results of tests administered to employees and failing to follow prudent aedical and safety procedures; o. Intentionally failing to inform plaintiff of his health condition; -11 MU 000039550 p. Such other intentional acta and omissions aa revealed by diaeovery in this case. 36. Plaintiff's injuries have been directly and/or proxi- mately caused by defendants' intentional, wilful and wanton acts and omissions. Defendants' knowing concealment of plaintiff's illness has caused plaintiff to suffer severe injuries and/or have caused plaintiff to suffer enhanced injury and disability. WHEREFORE, plaintiff demands judgment against defendants on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that re quired for compulsory arbitration. COPNT TWO (vs. Associated Lead) . 37. Plaintiff repeats and realleges each and every allega tion contained in paragraph 1 to 36 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 38. Defendant Associated Lead deviated from accepted stand ards of operation for an industrial facility by intentionally, wilfully, wantonly and, with reckless indifference, causing in jury to plaintiff by their: a. Failure ..to make the workplace safe from lead, arse nic, cadmium, heavy metals, dust, dirt, chemicals, noise and other toxic elements and vapors; b. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, dust, dirt, chemicals, noise and heavy metal toxicity from long-term exposure; 12- NL 000039551 c Failure to infora the plaintiff of the syaptoas of lead poisoning, arsenic and cadaiua poisoning and other toxic poisoning caused by long-tera exposure; d. Failure to warn the plaintiff of the danger of lead, arsenic, cadaiua and other cheaical toxicity being transferred to the eaployee's iaaediate faaily; e. Failure to infora the plaintiff of the long-tera effects of lead, arsenic, cadaiua and other cheaical poisoning once contracted; f. Failure to infora the plaintiff that the safety aeasures being iapleaented and adhered to were not protecting the eaployees froa lead poisoning, arsenic and cadaiua poisoning or overexposure to other toxic eleaents; .4 g. Failure to infora the plaintiff that the aedifcal health services were not remedialand werenot protecting the plaintiff froa lead poisoning, or overexposure to other toxic eleaents; h. Failure to warn the plaintiff that the safety gear and products being utilized were not protecting the plaintiff froa lead poisoning, arsenic and cadaiua or overexposure to other toxic eleaents; i. Failure to train plaintiff in the proper use and aaintenance of the safety devices being provided; j. Representing to the plaintiff that strict adherence to the safety prograa and directives given with respect to the use of safety gear and aedical health services would protect the plaintiff froa lead poisoning, arsenic and cadaiua poisoning and exposure to other toxic eleaents; -13- NL 000039552 k. Intentionally concealing from plaintiff that his high blood lead would reault in lead poisoning, heavy aetale poisoning, toxic effects of arsenic, kidney disease, renal failure and related injuries; l. Failure to infora plaintiff that reaedial aedical treatment was required to prevent or correct the ill effects be ing caused by his high blood lead, and other cheaical levels; a. Failure to remove plaintiff from the highly toxic lead, arsenic, cadmium and heavy metal infested environment prior to the date when plaintiff was rendered injured; n. Failure to render proper aedical care and treatment to the plaintiff; o. Failure to provide plaintiff with adequate respira.i tory protection, aedical screening and treatment and appropriate engineering controls to prevent plaintiff's daily overexposure to workplace toxins; p. Failure to adequately supervise the performance of defendant-physicians in the implementation of the aedical regime and administration of treatment to plaintiff; q. Intentional concealment of the injuries and dis abilities being incurred by plaintiff due to his overexposure to toxins within the work environment; r. Such other intentional, wilful, wanton and reckless acts and omissions as are revealed by discovery. 38. Defendant, Associated Lead, knew or should have known of injury to plaintiff that would be caused by their refusal and/or failure to act in correcting the dangerous work environ- -14- NL 000039553 aent and by refuging end/or failing to adequately varn plaintiff, yet reekleasly disregarded the consequence* of such failure. 39. Plaintiff's injuries have been directly and prosiaately caused by defendants' intentional, wilful and wanton acts and oaissions. Defendants' knowing concealaent of plaintiff's illness has caused plaintiff's severe injuries and/or have caused plaintiff to suffer enhanced injury and disability. WHEREFORE, plaintiff demands punitive damages on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excesa of that required for com pulsory arbitration. COURT THREE (vs. Associated Lead) 4 t 40. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 39 inclusive of this Coaplaint, with the same force and effect as if fully set forth and repeated herein. 41. Defendant Associated Lead had an implied contractual obligation to plaintiff to assure that plaintiff's health would not be adversely affected by virtue of plaintiff's work with, and exposure to, lead, arsenic, cadmium, lc id noises and other toxic elements. 42. Defendant Associated represented to plaintiff that a proper and adequate medical regime would be maintained pursuant to defendant's implied contractual obligation. 43. Associated Lead knew that if they did not properly per form its implied contract plaintiff would incur injur las includ es NL 000039554 ing but not Halted to those eet forth in Paragraph 21 of this Coaplaint. 44. Defendant Associated Lead has breached this contractual obligation, causing plaintiff to be harmed by such breach. 45. Plaintiff's injuries have been directly and proziaately caused by defendant. Associated Lead's breach of contract. WHEREFORE, plaintiff demands judgment against defendants on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that re quired for compulsory arbitration. COUNT POOR (vs. Mine Safety Appliances Co.) 46. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 45 inclusive of this Coaplaint, with the same force and effect as if fully set forth and repeated herein. 47. At all times relevant hereto, defendant Mine Safety Ap pliances Company was in the business of designing, producing, manufacturing, vending and distributing industrial safety gear and devices for use in the workplace and for the stated purpose of eliminating or reducing to safe working levels employee expos ure to air pollution caused by toxic substances. 48. At all times relevant hereto, defendant Mine Safety Ap pliances Company produced and distributed to defendant, Asso ciated Lead, and their predecessors in interest, safety gear, products and devices, for use at the subject facility at 2545 Aramingc Avenue, Philadelphia, PA. -16- NL 000039555 49. The Intended purpose for the purchase and sale of the safety 9ear, products and devices aforementioned was to eliainate or reduce the exposure to lead, arsenic, eadaiua dusts and other toxic substances to a safe working level. 50. Among the subject gear, products and devices sold for use at the 2545 Aramingo Avenue were respirators, safety glasses, face shields, helmets, exhaust hoods, movable ventilating ducts, and emission control devices for the receival and reclamation of heavy aetal dust in said gear, their attachaents and accessories. 51. During the course of his use and reliance on the afore aentioned gear, products and devices as intended, plaintiff con tracted lead, arsenic, cadmium and other cheaical poisoning, kid ney disease, renal failure, heart failure and related injuries by reason of the breach of warranty, negligence and other tortious conduct of defendant Mine Safety Appliances Company. 52. The breach of warranty, negligence and other tortious conduct consisted in and of the gear, products and devices when sold, each being dangerous and defective; being not merchantable; being unfit for its intended ordinary use; being unfit for its special and specific use; and in other ways being dangerous and defective and each product, gear object, and device did not con form to its description and did not perform in the wanner de scribed nor was it designed properly to protect the plaintiff from overexposure to lead, and other toxic elements within the work environment. 53. Defendant, with knowledge of the actual or probable use of the equipment as aforesaid, failed to give adequate or proper -17- NV. 000039556 % warning of the limitation* in th* ua# of ita product* and wa* otherwise negligent and careless in providing information and in structions in the use thereof, and misrepresented the effective ness of the use of its products thereby rendering the same dang erous and defective when used in a manner within the reasonable product use expectations. 54. Defendant Mine Safety knew or should have known that its breach of warranty, negligence and other tortious conduct, and that such acts, omissions and breaches would cause those in juries to plaintiff outlined in Paragraph 21 of this Complaint. WHEREFORE, plaintiff demands judgment against defendant Mine Safety Appliances Company on this Count for an amount in excess .4 ' of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that required for compulsory arbitration. COUNT FIVE (vs. Mine Safety Appliances Company) 55. Plaintiff repeats *nd realleges each and every allega tion contained in paragraphs 1 to 54 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 56. Defendant Mine Safety Appliances Company by its agents, servants, workmen, and employees were negligent and careless in the design, construction, manufacture and sale of each of the aforementioned gear, products and devices, thus placing into com merce an industrial safety device that was dangerous and defec tive as averred herein. 000039557 57. Bach product, place of safety gear and device was dan gerous and defective and negligently and carelessly designed and manufactured in that: a. It was not provided with proper and adequate warn ings in its use, the contraindications to its use, and the effec tive limitations of its use; b. It was not fit for its intended use or purpose; c. It was not provided with proper guards and protec tive devices; d. It was defective in that it malfunctioned or func tioned improperly; e. It was unreasonably dangerous for its intended use; f. It was not equipped or provided with minimal safety i .1 devices and appliances; r g. It did not conform to laws, rules and regulations of the United States, the Commonwealth of Pennsylvania, the City of Philadelphia or the agencies or departments thereof; h. It was otherwise dangerous and defective and de fendant was otherwise careless and negligent. 56. Defendant Mine Safety Appliances Company is strictly liable to plaintiff and is liable to plaintiff pursuant to 5402A of the Restatement of Torts 2nd in that each product, piece of safety gear and device was defective when sold and created the unreasonable risk of injury or harm to the foreseeable users thereof, and was negligently and carelessly designed and manu factured. -19 NL 000039558 WHEREFORE, plaintiff deaands judgment fro* defendant. Mine Safety Appliances Coapany, on this Count for an aaount in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an aaount in excess of that required for compulsory arbitration. COUNT SIX (vs. Arthur Stiffel, M.D., A.M. Aberico, M.D., Claude P. Brown, M.D., Francis J.A. Renzulli, M.D.) 59. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 58 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 59. At all times material hereto, the defendants were to initiate, implement and supervise a aedical management .program whereby plaintiff would be protected from and educated to the po tential dangers inherent in a lead smelting and refinery facility. 60. Pursuant to their duties, defendant-physicians examined and tested plaintiff to determine if he was ill by reason of his exposure to the toxic elements within the workplace. 61. In furtherance of their duties as aedical health prac titioners, defendants undertook to treat the plaintiff for lead, arsenic, cadmium, loud noises and other chemical and other heavy aetal toxicity. 62. The aforementioned treatments consisted of chelation therapy, either intravenously or more often intramuscularly or orally, whenever lead levels were noted to be elevated. 63. At all times material hereto, the negligent and/or -20- Nl- 000039559 reckless performance of defendants' medical activities fall far below the acceptable standards of practice as defined by the med- ical community at large and, specifically, by the occupational medicine specialists within the medical community. 64. Defendants breached their duty to provide proper and adequate care, medical services, health screening and management and was negligent and careless in the following manner: a. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, heavy metal, loud noises and other chemical toxicity from long-term exposure; b. Failure to inform the plaintiff of the symptoms of- lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; ^ c. Failure to warn the plaintiff of the danger* of lead, arsenic, cadmium and other chemical toxicity being trans ferred to the plaintiff's immediate family; d. Failure to inform the plaintiff of the long-term effects of lead, arsenic, cadmium and other chemical poisoning once contracted; e. Failure to inform the plaintiff that the safety measures being implemented and adhered to were not protecting the plaintiff from lead, arsenic, cadmium and other chemical poison ing; f. Failure to inform the plaintiff that the medical health services being provided were not remedial and were not protecting the plaintiff from lead, arsenic, cadmium and other chemical poisoning; -21- NL 000039560 9. Failure to warn the plaintiff that the aafaty gear and products baing utilisad wara not protecting tha plaintiff from lead, araenic, cadaiua and other cheaical poisoning or over exposure to other toxic substances; h. Representing to the plaintiff that strict adherence to the safety program and directives given with' respect to the use of safety gear and medical health services would protect the plaintiff froa lead, arsenic, cadmium and other chemical poison ing; i. Failure to inform the plaintiff that his consist ently high blood lead and other chemical levels would result in lead poisoning, kidney disease, renal failure, heart failure and related injuries; j. Failure to inform plaintff that remedial medical treatment was required to prevent or correct the ill effects being caused by his high blood lead and other chemical levels; k. Failure to remove plaintiff from the highly toxic lead, arsenic, cadmium, heavy metal and other chemical infested environment prior to the date when plaintiff was terminated; l. Prescribing, controlling and administration of med ications was improper and/or inadequate, resulting in toxic lead concentrations; m. Failure and/or refusal to prescribe and administer the proper medications to plaintiff; n. Administering medication contraindicated by plain tiff's condition; o. Improper and inadequate medical care and treatment; NL 000039561 22 p. Improper and inadequate record keeping; q. Failure to advise of the risks of the Halted pro cedure, denying to plaintiff an inforaed consent; r. Failure and/or refusal to exercise due care under the circumstances in the care and treatment of plaintiff; s. Failure and/or refusal to render proper and ade quate care and treatment; t. Failure and/or refusal to properly evaluate the seriousness of plaintiff's condition and failing to take timely remedial action; u. Improper administration of medication, causing an increase of toxic lead, arsenic, cadmium concentration beyond f that which would have occurred had the medication not been ad ministered; v. Improper and incorrect diagnosis of plaintiff's condition; w. Failure to obtain an additional independent medical opinion for a period of years prior to obtaining additional med ical evaluations; x. Failure to report the high lead levels being found in plaintiff to the proper authorities including, but not limited to, the Philadelphia Health Department, the Department of Health and Welfare for the Commonwealth of Pennsylvania, Department of Labor and Industries for the Commonwealth of Pennsylvania, the D.S. Department of Health, Education and Welfare, the D.S. Public Health Service and the D.S. Occupational Safety and Health Admin istration; NL 000039562 -23- + y. Such other negligent end/or reckleae acta end omts- aiona as revealed by discovery in thia ease. 65. Oefendanta knew that failure to conply with atandarda in the atedical profession, and in particular, the occupational medicine industry would result in plaintiff acquiring the di seases and conditions set forth in Paragraph 21 of this Complaint. WHEREFORE, plaintiff demands judgment against medical health practitioner defendants on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that required for compulsory arbitration. COUNT SEVEN (vs. Arthur Stiffel, M.D., A.M. Aberico, N.D., 4 Claude P. Brown, M.D., Francis J.A. Rensulli, M.D.) 1 66. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 65 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 67. At all times material hereto, the examinations, testing and treatment performed by defendant were accomplished without an informed consent from the plaintiff. 68. At all times material hereto, the defendant failed to disclose to plaintiff his need for medical care and treatment and the risks of exposure to a toxic lead, arsenic and cadmium envir onment when plaintiff was already exhibiting the symptoms of in jury and disease due to lead, cadmium, arsenic and loud noise exposure, and exposure to other toxic substances. -24 NL 000039563 WHEREFORE, plaintiff demands judgment against aadieal health practitlonar defendants on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an aaount in excess of that required for coapulsory arbitration. COPKT EIGHT (vs. Arthur Stiffel, M.D., A.N. Aberico, M.D., Claude P. Brown, M.D., Francis J.A. Renxulli, M.D.) 69. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 68 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein: 70. Defendants medical health practitioners knowingly, wil fully, wantonly and recklessly inflicted injury upon plaintiff by their: a. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, heavy metal, loud noises and other chemical toxicity from long-term exposure; b. Failure to inform the-plaintiff of the symptoms of lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; c. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium and other chemical toxicity being trans ferred to the plaintiff's immediate family; d. Failure to inform the plaintiff of the long-term effects of lead, arsenic, cadmium and other chemical poisoning once contracted; e. Failure to inform the plaintiff that the safety measures being implemented and adhered to were not protecting the NL 000039564 plaintiff froa lead, arsenic, cadaiua and other chemical poison ing and overexposure to otbar toxic eleaents; f. Failure to infora the plaintiff that the aedical health services being provided were not reaedial and were not protecting the plaintiff froa lead, arsenic and cadaiua poisoning and overexposure to other toxic elements; g. Failure to warn the plaintiff that the safetygear and products being utilized were not protecting the plaintiff froa lead, arsenic and cadaiua poisoning and overexposure to other toxic eleaents; h. Representing to the plaintiff that strict adherence to the safety prograa and directives given with respect to the use of safety gear and aedical health services would protect-^ the plaintiff froa lead, arsenic and cadaiua poisoning and over-ex posure to other toxic eleaents; i. Intentionally concealing froa plaintiff that his consistently high blood lead, arsenic, cadaiua and other chemical levels would result in lead poisoning, kidney disease, renal failure, heart failure and related injuries; j. Failure to infora plaintiff that reaedial aedical treatment was required to prevent or correct the ill effects be ing caused by consistently high blood lead and other cheaical levels; k. Failure to remove plaintiff froa the highly toxic lead, arsenic, cadmium, heavy aetal and other chemical infested environment prior to the date when plaintiff was terminated; -26- NL 000039565 1. Failing to prescribe and administer the proper medications to plaintiff) a. Failure to exercise due care under the circum stances in the care and treatment, of plaintiff) n. Failure to report the high lead and other chemical levels being found in plaintiff to the proper authorities includ ing, but not limited to, the Philadelphia Health Department, the Department of Health and Welfare for the Commonwealth of Penn sylvania, the Department of Labor and Industries for the Com monwealth of Pennsylvania, the U.S. Department of Health, Edu cation and Welfare, the U.S. Public Health Service and the U.S. Occupational Safety and Health Administration. 71. Defendants knew or should have known of the injury to plaintiff that would be caused by their failure to properly-^ ad minister to and adequately inform plaintiff of plaintiff's in juries, yet recklessly disregarded the consequences of such failure. 72. Defendants intentionally, wilfully, and wantonly aban doned plaintiff and his co-workers after knowingly concealing plaintiff's injuries from him. Plaintiff's injuries have been directly and proximately caused, aggravated and seriously enhanced by defendants' concealment. WHEREFORE, plaintiff demands punitive damages against med ical health practitioners on this Count in excess of Twenty Thou sand Dollars ($20,000.00) in addition to interestsand costs, an amount in excess of that required for compulsory arbitration. -27- NL 000039566 COONT MINE (vs. Arthur Stiffel, K.D., A.M. Aberico, K.D., Claude P. Brown, M.D., Francis J.A. Renxulli, N.D.) 73. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 72 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 74. Defendants were the promisors of a contract with plain tiff's employer to provide medical supervision and treatment for plaintiff to assure that plaintiff's health was maintained in view of his proximity to lead, arsenic, cadmium and other toxic substances within the workplace. Knowledge of the nature and format of this contract is within the exclusive possession of defendants. .4 * 75. Defendants intended, by this contract, that plaintiff benefit from the medical supervision and treatment provided by virtue of this contract. 76. Plaintiff's employer intended, as the promisee of this contract, that plaintiff benefit from the medical supervision and treatment provided by virtue of this contract. 77. Defendants in their capacity as independent contractors and promisors to this contract, breached their duty to properly and adequately perform the contracted for medical supervision and treatment. 78. Plaintiff, as third-party intended beneficiary, has been injured by defendants' breach of contract. WHEREFORE, plaintiff demands judgment against medical health practitioner defendants on this Count in excess of Twenty Thous- 28 NL 000039567 and Dollars ($20,000.00) in addition to intaraat and costs, an amount in excess of that required for compulsory arbitration. COPNT TEH (vs. Unknown Blood Testing and Other Health Testing Facilities) 79. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 78 inclusive of this complaint, with the sane force and effect as if fully set forth and repeated herein. 80. Upon information and belief, defendant aedical doctors used a blood testing facility to determine blood lead levels and other chemical levels, of plaintiff and his co-workers, and in providing other health testing facilities for plaintiff and-^his co-workers. 81. Plaintiff is unaware of the identity of these facili ties, and their identifies should be revealed during discovery. 82. Upon information and belief, at relevant times material hereto, defendant aedical doctors utilized the facilities of the unnamed testing facilities to perform the aedical health services aforementioned in the preceding paragraphs. 83. During the time aforesaid, the employees, agents and servants of the unnamed testing facilities defendants, acting within the scope of their duties to attend to plaintiff and ren der assistance in the analysis, diagnosis, care and treatment of the industrial diseases and injuries aforementioned carelessly, wrongfully and negligently: a. Failed to supervise the conduct and activities of its agents, employees and servants in their handling of blood. -29- NL 000039568 urine and tissue samples, laboratory specimens, utensils and in struments with respect to plaintiff and his co-workers; b. Failed to supervise the conduct of its professional medical staff in their providing services to defendant medical doctors under the circumstances mentioned in the preceding para graphs of this Complaint; c. Failed to conduct proper and adequate tests to de termine the etiology and severity of plaintiff's condition of toxicity; d. Failed to consult with qualified specialists in the management and analysis of plaintiff's case; e. Failed to act with reasonable care in the selection of its employees and staff members, and failed to screen the .^de fendant medical doctors before permitting them to make use of its laboratory facilities; f. Failed to warn the plaintiff of the danger of lead, arsenic, cadmium, heavy metal, loud noises and other chemical toxicity from long-term exposure; g. Failed to inform the plaintiff of the symptoms of lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; h. Failed to warn plaintiff of the danger of lead, ar senic, cadmium and other chemical toxicity being transferred to the employee's immediate family; i. Failed to inform plaintiff of the long-term effects of lead, arsenic, cadmium and chemical poisoning once contracted; -30- NL 000039569 j. Palled to infora tha plaintiff that tha safety aeasures being implemented and adhered to at the saeltlng facil ity were not protecting the plaintiff froa lead, arsenic, cadaiua poisoning and overexposure to other toxic substances; k. Failed to infora plaintiff that the aedical health services being provided were not remedial and were not protecting the plaintiff froa lead, arsenic, cadaiua poisoning and overex posure to other toxic elements; l. Failed to warn plaintiff that the safety gear and products being utilized at the saelting facility were not protecting the employees froa lead, arsenic, cadaiua poisoning and overexposure to other toxic elements; m. Failed to infora plaintiff that his consistently high blood lead and other chemical levels would result in lead and other chemical poisoning, kidney disease, renal failure, heart failure and related injuries; n. Failed to infora plaintiff that remedial aedical treatment was required to prevent or correct the ill effects being caused by high blood lead and chemical levels; o. Failed to advise removal of plaintiff from the highly toxic lead, heavy metal and other chemical infested en vironment prior to the date when plaintiff was terminated; p. Failed to prescribe, control and administer proper medications resulting in toxic lead concentrations; q. Failed to prescribe and administer the proper med ications to plaintiff; -31- NL 000039570 r. Provided medication contraindicated to plaintiff's condition; s. Improper and inadequate medical care and treatment; t. Improper and inadequate record keeping; u. Failed to advise of the risks of the limited pro cedure, denying to plaintiff an informed consent; v. Failed to exercise due care under the circumstances in the care and treatment of plaintiff; w. Failed to properly evaluate the seriousness of plaintiff's condition and failed to take timely remedial action; x. Improper administration of medication causing an increase of toxic lead concentration beyond that which would have occurred had the medication not been administered; y. Improper and incorrect diagnosis of plaintilf's condition; z. Failure to report the high lead and other chemical levels being found in plaintiff and his co-workers to the proper authorities including, but not limited to, the Philadelphia Health Department; the Department of Health and Welfare for the Commonwealth of Pennsylvania; the Department of Labor and Indus try for the Commonwealth of Pennsylvania; the D.S. Department of Health, Education and Welfare; the O.S. Public Health Service; the U.S. Occupational Safety and Health Administration; aa. Such other tortious acts and omissions as are revealed by discovery in this case. 84. Defendant laboratory knew or should have known of the inadequate health screening, medical services and treatments -32- NL 000039571 being administered by defendant medical doctor* yet negligently failed to correct the aituation and to advise the proper public authoritiea and plaintiff of the injurie* and illneaaea he was incurring within the workplace. WHEREFORE, plaintiff demands judgment againat the unnamed health testing facilities on this Count in excess of Twenty Thou sand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that required for compulsory arbitration. COUNT ELEVEN (vs. Sidney Lerner, M.D.) 85. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 84 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. .4 t 86. At all times material hereto, defendant Sidney Lerner, M.D., examined and tested the plaintiff to determine if he was toxic to lead and/or other chemical or heavy metals. 87. The defendant Sidney Lerner, M.D., was to monitor and safeguard the health and welfare of the plaintiff who was being subjected to toxic lead, arsenic, cadmium, heavy metal and chem ical exposure. 88. Defendant Sidney Lerner, M.D., supervised and conducted medical hygiene studies of plaintiff and others at the subject facility specifically for lead, arsenic, cadmium, other chemical and other heavy metal intoxication. 89. Defendant's functions included the initiation and su pervision of medical management programs by which plaintiff was -31- NL 000039572 to be protected from and educated to the potential dangers inher ent in a lead smelting and refining facility. 90. Defendant Sidney Lerner, M.D., breached bis duty to provide proper and adequate care, medical service, health screen ing and management and was negligent and careless in the following manner: a. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, heavy metal, loud noises and other chemical toxicity from long-term exposure; b. Failure to inform the plaintiff of the symptoms of lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; c. Failure to warn the plaintiff of the dange$ of lead, arsenic, cadmium and other chemical toxicity being trans ferred to the plaintiff's immediate family; d. Failure to inform the plaintiff of the long-term effects of lead, arsenic, cadmium and other chemical poisoning once contracted; e. Failure to inform the plaintiff that the safety measures being implemented and adhered to were not protecting the plaintiff from lead, arsenic, cadmium poisoning or overexposure to other toxic substances; f. Failure to inform the plaintiff that the medical health services being provided were not remedial and were not protecting the plaintiff from lead, arsenic, cadmium poisoning or overexposure to other toxic substances; -34- NL 000039573 g. Failure to warn the plaintiff that the safety pear and products being utilised were not protecting the plaintiff froa lead, arsenic, eadaiua poisoning or overexposure to other toxic substances} h. Representing to the plaintiff that strict adherence to the safety progran and directives given with respect to the use of safety gear and nedical health services would protect the plaintiff froa lead, arsenic, eadaiua poisoning or overexposure to other toxic substances; i. Failure to inforn the plaintiff that his consistently high blood lead or other cheaical levels would result in lead poisoning, kidney disease, renal failure, heart failure and related injuries; j. Failure to inforn plaintiff that renedial nedical treatment was required to prevent or correct the ill effects be ing caused by consistently high blood lead and other cheaical levels; k. Failure to remove plaintiff froa the highly toxic lead, arsenic, eadaiua, heavy metal and other chemical infested environment prior to the date when plaintiff was terminated; l. Prescribing, controlling and administration of med ications was inadequate and improper, resulting in toxic lead, arsenic, cadmium and other chemical concentrations; m. Failure to prescribe and administer the proper med ications to plaintiff; n. Administering medication contraindicated by plain tiff's condition; 35> NL 000039574 o. Improper and inadequate medical care and treataent; p. Xaproper and inadequate record keeping} q. Failure to advise of the risks of the Halted pro cedure, denying to plaintiff an informed consent; r. Failure to exercise due care under the circum stances in the care and treataent of plaintiff; s. Failure to render proper and adequate care and treatment; t. Failure to properly evaluate the seriousness of plaintiff's condition and failing to take timely remedial action; u. Improper administration of medication causing an increase of toxic lead, arsenic, cadmium and other chemical concentrations beyond that which would have occurred had the medication not been administered; 1 v. Improper and incorrect diagnosis of plaintiff's condition; w. Failure to obtain an additional, independent med ical opinion for a period of years prior to obtaining additional medical evaluations; x. Failure to report the high lead and other chemical levels being found in plaintiff to the proper authorities includ ing, but not limited to, the Philadelphia Health Department, the Department of Health and Welfare for the Commonwealth of Pennsyl vania, the Department of Labor and Industry for the Commonwealth of Pennsylvania, the D.S. Department of Health, Education and Welfare, the D.S. Public Health Service and the U.S. Occupational Safety and Eealth Administration; -36- NL 000039575 y. Such other tortious snd/or negligent acts end emis sions ss revealed by discovery in this case. 91. At all times material hereto* the negligent performance of defendant's medical activities fell far below the acceptable standards of practice as defined by the medical community at large and* specifically, by the occupational medicine specialists within the medical community. WHEREFORE, plaintiff demands judgment against defendant Sid ney Lerner, M.D., on this Count in excess of Twenty Thousand Dol lars ($20,000.00) in addition to interest and costs, an amount in excess of that required for compulsory arbitration. COPNT TWELVE (vs. Sidney Lerner, M.D.) 92. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 91 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 93. At all times material hereto, the examinations, testing and treatment performed and/or ordered by defendant were accom plished without an informed consent from the plaintiff. 94. At all times material hereto, the defendant failed to disclose to plaintiff his need for medical care and treatment, and the risks of exposure to a toxic environment when plaintiff was already exhibiting the symptoms of injury and disease due to his exposure to lead, arsenic, cadmium, loud noises and other toxic elements. -37f NL 000039576 WHEREFORE, plaintiff demands judgment against Sidney Lamer, W.D., on this Count in axcass of Twenty Thousand Dollars ($20,000.00), in addition to intarast and costs, an amount in axcass of that required for compulsory arbitration. COUNT THIRTEEN (vs. Sidnay Lamer, M.D.) 95. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 94 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 96. Defendant Sidney Lerner, M.D., knowingly, wilfully, wantonly and recklessly inflicted injury upon plaintiff by his: a. Failure to advise, instruct and inform that {the workplace be made safe from lead, arsenic, cadmium, loud noises, other heavy metal and chemical toxicity; b. Failure to warn plaintiff of the danger of lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; c. Failure to inform plaintiff of the symptoms of lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; d. Failure to warn plaintiff of the danger of lead, arsenic, cadmium and other chemical toxicity being transferred to bis immediate family; e. Failure to inform plaintiff of the long-term effects of lead, arsenic, cadmium and other chemical poisoning once contracted; -38- NL 000039577 . Failure to infora plaintiff that the safety aeas- urea being implemented and adhered to were not protecting the eaployeea froa lead, arsenic, cadaiua poisoning and overexposure to other toxic elements; g. Failure to infora plaintiff that the medical health services being provided were not reaedial and were not protecting the eaployees froa lead, arsenic, cadaiua poisoning and overex posure to other toxic eleaents; h. Failure to warn plaintiff that the safety gear and products being utilised were not protecting the plaintiff froa lead, arsenic, cadaiua poisoning, loud noises and overexposure to other toxic elements; , i. Intentionally concealing froa plaintiff that his high blood lead levels would result in lead, arsenic, cadaiua poisoning, kidney disease, renal failure, heart failure and re lated injuries; j. Failure to infora plaintiff that reaedial aedical treatment was required to prevent or correct the ill effects being caused by high blood lead, and other chemical levels; k. Failure to remove plaintiff froa the highly toxic lead, arsenic, cadaiua heavy aetal and other chemical infested environment prior to the date when plaintiff was terminated; l. Failure to advise of the risks of the limited med ical procedures being employed, denying to plaintiff an informed consent; a. Acquiescing to the improper administration of med ication causing an increase of toxic lead, arsenic, cadmium and -3:- NL 000039578 other chemical co. -entration beyond that whiw.. would have occur red had the medication not been administered; n. Failure to report the high lead, arsenic, cadmium and other chemical levels being found in plaintiff and his co workers to the proper authorities including, but not limited to, the Philadelphia Health Department; the Department of Health and Welfare for the Commonwealth of Pennsylvania; the Department of Labor and Industry for the Commonwealth of Pennsylvania; the U.S. Department of Health, Education and Welfare, the U.S. Public Health Service and the U.S. Occupational Safety and Health Admin istration. 97. Defendant Sidney Lerner, M.D., knew or should have known of the injury to plaintiff that would be caused by his failure to properly administer to and adequately inform plaintiff of plaintiff's injuries, yet recklessly disregarded the conse quences of such failure. 98. Defendant intentionally, wilfully and wantonly aban doned plaintiff and his co-workers after knowingly concealing plaintiff's injuries from him. 99. Defendant's intentional, wilful, wanton and reckless conduct is the direct and proximate cause of plaintiff's injuries and disabilities. Defendant's knowing concealment of plaintiff's illness has caused plaintiff to suffer enhanced injury and dis ability. WHEREFORE, plaintiff demands punitive damages on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that required for com pulsory arbitration. -40NL 000039579 COPHT FODRTEBW (vs. Sidney Lerner, M.D.) 100. Plaintiff repeats and realleges each and every allegetion contained in paragraphs 1 to 99 inclusive of thisComplaint, with the sane force and effectas if fully set forth and repeated herein. 101. Defendant Sidney Lerner, M.D., was the promisor of a contract to provide aedical testing and treatment for plaintiff to assure that plaintiff's health was aaintained in view of his proximity to lead, arsenic, cadmium, loud noises and other toxic elements within the workplace. Knowledge of the nature and format of this contract is within the exclusive possession of defendant. 102. Defendant Sidney Lerner, M.D., intended, by this con tract, that plaintiff benefit from medical tests and treatment provided by virtue of this contract. 103. Plaintiff's employer intended, as the promisee of this contract, that plaintiff benefit from the aedical supervision and treatment provided by virtue of this contract. 104. Defendant Sidney Lerner, M.D., in his capacity as in dependent contractor and promisor to this contract, breached his duty to properly and adequately perform the contracted for med ical testing and treatment. 105. Defendant Sidney Lerner, M.D. knew or should have known of the consequences of his failure to properly perform his contract, namely that plaintiff would contract the conditions anc diseases set forth at Paragraph 21 of this Complaint. -41- NL 000039580 106. Plaintiff* as third-party intended beneficiary, has been injured by defendant's breach of contract. WHEREFORE * plaintiff demands judgment against defendant Sidney Lerner, M.D., on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that required for compulsory arbitration. COPNT FIPTEEH (vs. H.L. Industries, Rational Lead Industries, National Lead Industries, Pigment a Lead Division National Lead Company) 107. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 106 inclusive of this Com plaint, with the same force and effect as if fully set forth and repeated herein. 108. N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Lead Division, National Lead Company owned and operated the aforementioned secondary lead smelting and refining facility located at 2545 Aramingo Avenue until on or about the year 1979, when its successor in interest, defendant Associated Lead purchased the facility. 109. At all times material hereto, from the first date of his employment until his termination, plaintiff was employed at the 2545 Aramingo Avenge facility. 110. From the time of its purchase of the subject facility on or about the year 1963, and continuing thereafter through 1979, and afterward, defendants N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Di vision, National Lead Company were notified by its management 42NL 000039581 personnel end phy3icians that Its eaployees in the lead facility were being overexposed to lead, arsenic, cadmium, loud noises and other toxic substances and were manifesting symptoms of lead, heavy metals and chemical poisoning and their related Illnesses and injuries. 111. Defendant N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Division, National Lead Company on or about the year 1963, had instituted a program whereby a medical health practitioner would conduct periodic med ical examinations for lead, arsenic, cadmium heavy metal, loud noises and other chemical toxicity for each employee. 112. The reckless and/or intentional conduct of defendant N.L. Industries, National Lead Industries, National Lead Indus tries, Pigment and Chemical Division, National Lead Company consisted of the following: a. Failure to make the workplace safe from arsenic, lead, heavy metal and chemical toxicity; b. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium heavy metal and chemical toxicity from long-term exposure; c. Failure to inform the plaintiff of the symptoms of lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; i d. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, loud noises and other chemical toxicity being transferred to his immediate family; -43- IML 000039582 e. Failure to infora th* plaintiff of the long-term ffacts of lead, arsenic, cadaiua and other chernical poisoning once contracted; f. Failure to infora the plaintiff that the safety measures being implemented and adhered to were not protecting him from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; g. Failure to infora the plaintiff that the aedical health services were not remedial and were not protecting the plaintiff from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; h. Failure to warn the plaintiff that the safety gear and products being utilized were not protecting the plaintiff from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; i. Representing to the plaintiff that strict adherence to the safety program and directives given with respect to the use of safety gear and medical health services would protect the plaintiff from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; j. Failure to inform the plaintiff that his high blood lead levels would result in lead, arsenic, cadmium and other chemical poisoning, kidney disease, renal failure, heart failure and related injuries; k. Failure to inform plaintiff that remedial medical treatment was required to prevent or correct the ill effects be ing caused by high blood lead and other chemical levels; -44- NL 000039583 1. Failure to remove plaintiff from the highly toxic lead, arsenic, cadmium heavy metal and other chemical infested environment prior to the date when plaintiff was terminated; a. Failure to render proper aedical care and treataent to the plaintiffs; n. Such other intentional acts and oaissions as revealed by discovery in this case. WHEREFORE plaintiff demands judgment against defendants on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that re quired for compulsory arbitration. COUNT SIXTEEN (vs. N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Division, National Lead Company) \ 113. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 112 of this Complaint, with the same force and effect as if fully set forth and repeated herein. 114. Defendant N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Division, National Lead Company deviated from accepted standards of operation for an industrial facility by intentionally, wilfully, wantonly and, with reckless indifference, causing injury to plaintiff by its: a. Failure to make the workplace safe from lead, other chemical and other heavy metal toxicity; b. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium, loud noises, other chemical and heavy metal toxicity from long-term exposure; -45- NL 000039584 e. Failure to lnfora the plaintiff of the symptoms of lead, arsenic, cadmium and other chemical poisoning caused by long-term exposure; d. Failure to warn the plaintiff of the danger of lead, arsenic, cadmium and other cheaical toxicity being trans- ferred to his immediate family; e. Failure to inform the plaintiff of the long-term effects of lead, arsenic, cadmium and other chemical poisoning once contracted; f. Failure to inform the plaintiff that the safety aeasures being implemented and adhered to were not protecting him from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; g. Failure to inform the plaintiff that the medfical health services were not remedial and were not protecting the plaintiff from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; h. Failure to warn the plaintiff that the safety gear and products being utilized were not protecting the plaintiff from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; i. Failure to train plaintiff in the proper use and maintenance of the safety devices being provided; j. Representing to the plaintiff that strict adherence to the safety program and directives given with respect to the use of safety gear and aedical health services would protect the plaintiff from lead, arsenic, cadmium poisoning and overexposure to other toxic elements; -46- NL 000039585 k. Intentionally concealing from plaintiff that hit high blood lead and other chemical levels would result in lead, arsenic, cadmium poisoning, kidney disease, renal failure, heart failure and related Injuries; l. Failure to inform plaintiff that remedial medical treatment was required to prevent or correct the ill effects be ing caused by high blood lead and other chemical levels; m. Failure to remove plaintiff from the highly toxic lead, arsenic, cadmium other chemical and heavy metal Infested environment prior to the date when plaintiff was terminated; n. Failure to render proper medical care and treatment to the plaintiff; o. Failure to provide plaintiff with adequate respiratory protection, medical screening and treatment and-`ap propriate engineering controls to prevent plaintiff's daily over exposure to workplace toxins; p. Failure to adequately supervise the performance of its management personnel and physicians in the implementation of the medical regime and administration of treatment to plaintiff; q. Intentional concealment of the injuries and dis abilities being incurred by plaintiff due to his overexposure to toxins within the work environment; r. Such other intentional, wilful, wanton and reckless acts and omissions as are revealed by discovery. 114. Defendant N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Division, National Lead Company knew or should have known of the injury to plaintiff -4 - NL 000039586 that would be caus.d by it failure to act in correcting the dan- geroua work environment and by falling to adequately warn plain tiff# yet reekleasly disregarded the consequences of such fail ure. 115. Defendant's intentional, wilful, wanton and reckless conduct is the direct and proximate cause of plaintiff's injuries and disabilities. Defendant's knowing concealment of plaintiff's illness has caused plaintiff to suffer enhanced injury and dis ability. WHEREFORE, plaintiff demands punitive damages on this Count in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that required for cfompulsory arbitration. COPNT SEVENTEEN ? (vs. N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Division, National Lead Company) 116. Plaintiff repeats and realleges each and every allega tion contained in paragraphs 1 to 115 of this Complaint, with the same force and effect as if fully set forth and repeated herein. 117. Defendant N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Division, National Lead Company had an implied contractual obligation to plaintiff to assure that plaintiff's health would not be adversely affected by virtue of plaintiff's work with lead and other noxious sub stances. 118. Defendant N.L. Industries, National Lead Industries, National Lead Industries, Pigment and Chemical Division, National -48- NL 000039587 Lead Company represented to plaintiff that a proper and adequate edieal regime would be maintained purauant to defendant's im plied contractual obligation. 119. Defendant R.L. Industries, Rational Lead Industries, Rational Lead Industries, Pigment and Chemical Division, Rational Lead Company have breached its contractual obligation, causing plaintiff to be harmed by such breach. 120. Defendants knew that the breach of their implied con tract with plaintiff would result in injuries to plaintiff, name ly those diseases and conditions set fort in Paragraph 21 of this Complaint. WHEREFORE, plaintiff demands judgment against defendant Bers and Company, Xnc., on this Count in excess of Twenty Thousand .1 Dollars ($20,000.00) in addition to interest and costs, an amfcunt in excess of that required for compulsory arbitration. COPHT EIGHTEEN (vs. All Defendants) 121. The plaintiff repeats and realleges each and every al legation contained in this Complaint with the same force and effect against the defendants and their subsidiaries, jointly and severally, as if fully set forth here at length. 122. The defendants' acts and omissions were intentional, wanton, wilful and with reckless indifference of the consequences as is more fully set forth in the above counts. WHEREFORE, plaintiff demands judgment against these defend ants, jointly and severally, for compensatory and punitive dam ages in an amount in excess of Twenty Thousand Dollars it- -49- NL 000039588 ($20,000.00), in addition to interact and coats, an amount in excaas of that required for compulsory arbitration. COUNT NINETEEN (vs. All Defendants) 123. All of the allegations of Counts One through and in cluding Eighteen are incorporated herein by reference as though recited here at length. 124. At all tiaes material hereto, the plaintiff was the wife of plaintiff-employee and as such, was and is entitled to his love, affection, society, and companionship all of which she was deprived of and will be deprived of in the future, to her great detriment and damage. 125. As a result of the negligence and intentional, wilful .4 and wanton actions and omissions of defendants, plaintiff hasf in the past and will in the future be required to expend large sums of money in the care and treatment of her husband. WHEREFORE, plaintiff demands judgment against each defendant on this Count in an amount in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest andcosts, an amount in ex cess of that required for compulsory arbitration. COUNT TWENTY (vs. All Defendants) 126. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 125 inclusive of this Complaint, with the same force and effect as if fully set forth and repeated herein. 127. Defendants conspired, combined or agreed to cause -50- NL 000039589 Injury to plaintiff by their; a. Pailura to aake tha workplace aafa froa lead, arsenic, cadaiua, heavy aetals, dust, dirt, chaaicala, noise and other noxious eleaents and vapors; b. Failure to warn the plaintiff of the danger of arsenic, lead, cadaiua, dust, dirt, cheaicals, noise and heavy aetal toxicity froa long-tern exposure; c. Failure to inf ora...the plaintiff of the synptons of arsenic, cadaiua and lead poisoning caused by long-tera exposure; d. Failure to warn the plaintiff of the danger of arsenic, cadaiua and lead toxicity being transferred to the eaployee's ianediate faaily; e. Failure to infora the plaintiff of the long-tera effects of arsenic, cadmiun, lead, and chenical poisoning once contracted; f. Failure toinfora the plaintiff that thesafety aeasures being inplenented and adhered to were not protecting the eaployees froa lead poisoning, arsenic poisoning or overexposure to other toxic eleaents; g. Failure to infora the plaintiff that the aedical health services were not reaedial and were not protecting the plaintiff froa lead poisoning, arsenic poisoning or overexposure to other noxious eleaents; h. Failure to warn the plaintiff that the safety gear and products being utilized! were not protecting the plaintiff froa lead poisoning, arsenic poisoning or overexposure to other toxic eleaents; t -51 NL 000039590 n" i. Failure to train plaintiff in tba proper aaa and aaintananca of tha aafaty devices being provided; j. Representing to the plaintiff that strict adherence to the safety program and directives given with respect to the use of safety gear and medical health services would protect the plaintiff from arsenic, cadmium and lead poisoning and exposure to other noxious elements; k. Intentionally concealing from plaintiff that his high blood lead, cadmium and arsenic levels would result in lead poisoning, kidney disease, renal failure and related injuries; l. Failure to inform plaintiff that remedial medical treatment was required to prevent or correct the ill effects being caused by his high blood lead, cadmium and arsenic levels; m. Failure to remove plaintiff from the highly toxic lead and heavy metal infested environmentprior to the date when plaintiff was terminated; n. Failure to render proper medical care and treatment to the plaintiff; o. Failure to provide plaintiff with adequate respiratory protection, medical screening and treatment and appropriate engineering controls to prevent plaintiff's daily overexposure to workplace toxins; p. Failure to adequately supervise the performance of defendant-physicians in the implementation of the medical regime and administration of treatment to plaintiff; q. Intentional concealment of the injuries and disabilities being incurred by plaintiff due to his overexposure to toxins within the work environment; -52- NL 000039591 r. Such other acts and omissions in furtherance of the conapiracy as are revealed by discovery. 128. Defendants intended to injure plaintiff by their failure to act in correcting the dangerous work environment and by their failure to adequately warn plaintiff. 129. Plaintiff's injuries have been directly and proximately caused by defendants' acts and oaissions in furtherance of the conspiracy. Defendants' knowing concealment of plaintiff's illness has caused plaintiff's severe injuries and/or have caused plaintiff to suffer enhanced injury and disability. WHEREFORE, plaintiff respectfully demands judgment against each defendant named in Counts One through Nineteen of this Com plaint, and request that damages be assessed against each defend ant in an amount in excess of Twenty Thousand Dollars ($20,000.00) in addition to interest and costs, an amount in excess of that required for compulsory arbitration. Plaintiffs further respectfully request that it be awarded attorney's fees and costs, prejudgment interest, punitive damages, and such other relief the Court deems appropriate under the circumstances. MATTION1, MATTIONI 6 MATTIONI, LTD. Ii . EUGENE MATTIONI, ESQUIRE Attorney for Plaintiffs OF COUNSEL! MATTIONI, MATTIONI k MATTIONI, LTD, r=p*r7 i----- '' DANTE MATTIONI, ESQUIRE ' """.... ........... ........... NL 000039592