Document vBB4xOmgopQxvEde9Lo5RMwGq

STATE OF INDIANA COUNTY OF MARION ) ) SSi ) BOTTEMA, JR., d/b/a iJOTTCMA FARMS, Plaintiffs, VIJ. ) ) ) ) ) MONSANTO COMPANY, DLOOMFIOLD SILO COMPANY, CONCRETE SILO COMPANY, INDIANA LRA.N'D COMPANY, MADISON BRAND COMPANY, JOHN DOE, and JOiU DUO, INC., INC. , Dafondants. ! ) ) ) ) IN THE SMP'YNOP. ......... -n MARION COUNTY S ? 7$" 0603 COURT OF CAUSE . m i fa/# ' Mj'W COMPLAINT Comes now the plaintiff, and for his cause of action against the defendants alleges that* 1. The plaintiff is the owner of nine (9) silos which were for the purpose of storing silage an feed for milk cows, 2. The said silos wore lined with material manufactured, sold and placed in fcho stream of coranaroo by the defendant, Monsanto Company. The other defendants vfaro the builders, contractors and sailors of said silos, and the material for lining said silos. 3. Some of said silos may havo been made, sold and lined by others whose names are not presently known. The John Doe defendants aro named in their stead, and the correct names will bo substituted by omanclrasnt hereafter, 4. In July of 1976, it was discovered that the lining of said silos contained toxic substances and polychlorinated biphenyls, other wise known as PCV, in toxic and. dangerous quantities. 5. As a result thereof said silos have been rendered useless, cattle and milk had to bo destroyed, the s.lloa have had to be re- coatod, mill' has boon lost, the uso of the silos has been lost, and Eaid silos will have to be torn down and replaced, all as a proximate result of said defect in said rsilorj. HARTOLDMON0095877 6. The said loss and damage is the proximate result of one or more of the following wrongful acts of the defendantst a) The defendants manufactured or constructed said products in a defoctiva condition as aforesaid, and they are strictly liable. b) The defendants wore negligent, c) The defendants impliedly warranted said products to be reasonably fit and safe for the purposes for which they were sold, but they wore riot. 7. The plaintiff has been damaged in the sum of 5350,000.00 as a proximate result of the foregoing. WHEREFORE, plaintiff prays and demands judgment against the defendants for the sum of Three Hundred Fifty Thousand Dollars ($350,000.00) plus interest from July, 1975, and for the costs of this action and for all other proper relief. KENDALL, STEVENSON & LOWRY YOUNG & YOUNG KENDALL,STEVENSON & LOWRY Ona South Washington Street Danville, Indiana 4C122 YOUNG S YOUNG 118 North Delaware Street Indianaool.ts, Indiana 4 6 204 (317) G39-S161 1 Jiy j 7vttofneys*"Ior Plaintiff I; I f HARTOLDMON0095878 CLERK'S CERTIFICATE OF MAILING ' I hereby certify that on the .day of------------------------------------------------------------ , 19----------------, I mailed a copy of this Summons and a copy of the complaint to the defendant,,_____________________________________ , by__ __ mail, requesting a return receipt, at the address furnished by the plaintiff. Dated:,19__________________________________ Clerk of the Circuit Court of Marion County By:_____________________________ ______________________ Deputy RETURN ON SERVICE OF SUMMONS IIY MAIL 1 hereby certify that the attached return receipt was received by me showing tltat the Summons and a copy of the complaint mailed to defendantwas accepted by tire defendant on theday of , 19 1 hereby certify that the attached return receipt was received by me showing that Lire Summons and a copy of the complaint w as returned not accepted on the_____________________________day of, 19 1 hereby certify that the attached return receipt was received by me showing that the Summons and a copy of the complaint mailed to defendantwas accepted by on behalf of said defendant on the. . day of. _, 19_ Clerk of the Circuit Court of Marion County By:- Deputy Cause No__________ ' , Room No. u c\ of J ft ** CO Pi r i? CO D* W o cl o c O' fti j ) * p> l 3 to c c) O K oH CO no o c} c 1k i j " t HH r-3 V t'i ft ^c Hcn > >X *x} g: cn tcsu i w. CO r r . 'R b i4 SHERIFF'S RETURN ON SERVICE OF SUMMONS I hereby certify that I have served this summons on the__________ day of (1) By delivering a copy of the .Summons and a copy of the complaint to the defendant, 19_ (2) By leaving a copy of the .Summons and a copy of the complaint at _ . . ....................................... - which is the dwelling place or usual place of abode of ____ O) Other Service or Kemaiks: Sheriff's Costs Shei iff ~ ................ - Deputy HARTOLDMON0095879 SUMMONS C.H. BOTTLMA, JR., d/b/a UOTTRMA FARMS, , su,;nwr'f:..tln the M*><^rcWf Ctourt of Marion County, Indiana Plaintiff MO NS All TO COMPANY, JJLOOMFIOLD SILO COMPANY, concrri'e TILo codPivinr, MADISON BRAND COMPANY, JOAN DOE, and TOT filTjOETTNOT; INC., Defendants S778-06O? CAUSE No._________________ TO TMDE-F.,-ETMNrD.A,NKrTr: (,Nv.ame,)____M__O__N_S_A__N_T__O___C_O__M__P_A_N__Y__________________________ C.T. CORE SYSTEMS, RESIDENT /AGENT (Art,tress) 1011 MERCHANTS BANK HUH,DING INDIANAPOLIS, INDIANA 46204 You arc hereby notified that you have been sued by the person named as plaintiff and in the Court indicated above. The nature of the suit against you is stated in the complaint which is attached to this Summons, it also states tire retief sought or the demand made against you by the plaintiff. An answer or other appropriate response in writing to the complaint must be filed either by you or your attorney within twenty (20) days, commencing the day after you receive this Summons, (or twenty-three (23) days if this Summons was received by mail), or a judgment by default may be rendered against you for the relief demanded by plaintiff. if you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in your wtilten answer. datfd' ______ HAY 2 41378 Clerk, Circuit Court of Marion Co^ijy^K -(Seal) Cllie following manner of service of summons Is hereby designated.) XX _ _ Registered or certified mail. _Service on individual -- (Personal or copy) at above address. Service at place of employment, to-wit: _ Service on agent. (Specify) __________ ___ _______ _Other service. (Specify)________________________ _____ Howard S. Young, Jr. Attorney for Plaintiff ___ YOUNG (< YOUNG 110 North Delaware Street A^^r'^iirdiarmpolia, Indiana 46204 (317) 639-6161 Telephone HARTOLDMON0095880 r -> t /' > A/J r~ " ,* a- /a } VICE OF PROCESS TRANSMITTAL FO ~A> C T Corporation System The Corpordtion T r u si Company I! ! A e! Vi i i r 1 'X ^ o !'' / o TO: C T CORPORATION SYSTEM (C T Office) St.Louis, Mo,, C T Law f hffo 16 g y, Inc. TO:__ William McCurdy, Atty. Legal Department____________ ___Monsanto Company 80 0_ N_o_ Id n ctb cr gh B1 vd. (Authorized Recipient) St. Louis, Missouri 63166 (City) (State) * FROM:.C T Corporation System (Originating Agent) Per Mary Lindsey__________ te Indpls,,Ind. # # (City) ' (State) * ' DATEMer_^.5_^L8 VIA: First Class Mail " @@@>0@#@@. ## VIA: [ ) Certified First Class Mail [ ] Messenger RE: PROCESS SERVED IN___________ '___________________ ________________________Indo (Jurisdiction) FOR (Name of Company) -MON-SAIiTO--COMRA-NY___ Del (Domestic State) Enclosed are copies of legal process served upon the statutory agent of the above company as follows: CoM.Bottema,Jr0 d/b/a Bottema Farms, v,, Monsanto Company,etal, 1. Title of Action: 2. Document(s) Served: 3, Court: 4. Nature of Action: Summons; Complaint. ] Marion Superior Court,Indpls,,Ind., No, S778 0603o Alleges breach of warranty with respect to silo linings manufactured by defendaiTt. Seeks $350,000,, 5. On Whom Process was Served: From Marion Superior Court, Indpls ,,Ind,, , by certified mail to Monsanto Company % C T Corp.System, Indpls0Ind,, 6. Date and Hour of Service: May 25, 1978 - 11:00 AM. 7. Appearance or Answer Due: 8. Plaintiff's Attorney(s): Within twenty days, commencing the day after receipt of summons. Howard S. Young, Jr0, 118 N,,Delaware St0,Indpls,,Ind. 9. Remarks: KINDLY AOKNOYVUEF YE RECEIPT BY SIGNING THE CARR ON COPY AND U-TURNING IT TO EE,LA- RECEIVED AND FORWARDED ON 5-30-7CWo) BV -CJ CORPORATION SYSTEM Pei M. A.' D'EL/rOfT~--------- X 314 NO. BROADWAY_________ (Addross) ST. LOUIS, MISSOURI 63102 HARTOLDMON0095881