Document wKXKX6Rxv0aY7r3zr6rnY1V7J

SERVICE OF PROCESS TRANSMITTAL FORM C T Corpon^^^^tcm TtM Corporation Trust Company TO-.Monsanto Company Att: Thomas M. Bistline |-- 800 N. Lindbergh Blvd. 1 t-4 l>. St. Louis, Missouri 63141 1 Trenton, New Jersey (City) APRIL 3, 1986 ( ) Via Certified First Class Mall ( ] Via Messenger VIA FEDERAL EXPRESS Rfe PROCESS SERVED IN NEW JERSEY (Juritdicrion) FORMONSANTO COMPANY_______________________________________________________________ <N*ni of Comojny) DELAWARE (Oomestie Stitt) Enclosed are copies of legal process served upon the statutory agent of the above company at follows: I T*+l of Action* vs * ` LOTTIE MEMICE, Executrix of Estate of Joseph Memice, Plaintiffs PPG INDUSTRIES, INC., et als including MONSANTO CO., Defendants 2. Document(s) G3 Summons,-Corrrptsiiit Second Amended Complaint, Jury Demand 3. Court: D Superior Court of New Jersey, Law Division Passaic County CD Docket # L 020509-86 4. Nature of Action: _ ,, .... Plaintiffs demands judgment for compensatory & punitive damages, costs, interests. Alleges injuries sustained to pltf*s decedent Joseph Memice resulting in hi. death due to exposure to vinyl chlorides. Breach of Warranties. 5. Q Process Served on: THE CORPORATION TRUST COMPANY in New Jersey. Process Received By: THE CORPORATION TRUST COMPANY in New Jersey by maii. From: Envelope Post Marked_______________________ ___________ enclosed. 6. Date and Hour of Service or Receipt: April 3, 1986 @ 10:30 a.m. 7. Appearance or Answer Due: B Within 20 days of service, exclusive of day of service. ---- 8. Plaintiff s Attorney(s): MaxCUS & Levy Valley National Bank Bldg. 80 Broadway Elmwood Park, N.J. 07407 (201) 791-8500 9. Remarks: Discrepancy in corporate title process server so informed. IxD This confirms our telephone call to your office. C] Above telephoned to C T office and is sent to you per their instructions. KINDLY ACKNOWLEDGE RECEIPT BY SIGNING THE CAR80N COPY AND RETURNING ITT0 RSV Signed C T ^RPORATION SYSTEM P.r Address28 West State St. Trenton, New Jersey 08608 ____ 0009548 / J. Attorney(s): Office Address & Tel. No.: Attorney(s) for Plaintiff(s) MARCUS & LEVY Valley National Bank Bldg. 80 Broadwav Elmwood Park, NJ 07407 (201) 791-8500 Plaintiff(s) LOTTIE MEMICE, Individually and LOTTIE MEMICE, as Executrix of the ESTATE OF JOSEPH MEMICE, Deceased Defendant(s) vs. ( l ?PG INDUSTRIES, INC.; PPG INDUSTRIES, INC. 1 CHEMICALS GROUP INDUSTRIAL CHEMICAL DIVISION; 1 BORDEN, INC.? BORDEN INC. BORDEN CHEMICAL / DIVISION; BORDEN INC. PETROCHEMICALS DIVISION?: BORDEN CHEMICAL INC.; GEORGIA GULF CORPORATION; UNIROYAL CHEMICAL CO., INC.; SHINTECH, INC.; et als SUPERIOR COURT OF NEW JERSEY PASSAIC COUNTY LAW DIVISION Docket No. L-02G509-86 CIVIL ACTION mmnnti5 lEfje >tate of 7/crsep, fo tije Sbobe i?amei 53eenfoattt(s): MONSANTO CO. YOUARE HEREBY SUMMONED in a Civil Action in the Superior Court ofNew Jersey, instituted by the above named plaintiffs), and required to serve upon the attomey(s) for the plaintiff(s), whose name and office address appears above, an answer to the annexed complaint within 20 days after the service of the summons and complaint upon you, exclusive of the day of service. If you fail to answer, judgment by default may be rendered against you for the relief demanded in the complaint. You shall promptly file your answer and proof of service thereof in duplicate with the Clerk of the Superior Court, CN-971, Trenton, New Jersey 08625, in accordance with the rules ofcivil practice and procedure. If you cannot afjord to pay an attorney, call a Legal Services Office. An individual not eligible for free legal assistance may obtain a referral to an attorney by calling a county lawyer referral service. These numbers may be listed in the yellow pages of your phone book or may be obtained by calling the New Jersey State Bar Association Lawyer Referral Service toll-free 800-792-8315 (within New Jersey) or 609-39S-1101 (from out of state). The phone numbers for the county in which this action is pending are: Lawyer Referral Service, 278 -- 9223 , Legal Services Office 345 -- 7171 Dated: MARCH 17 ,1986 /s/-JQffN M- MAYSON_ JOHN M. MAYSON, Clerk of the Superior Court Name of defendant to be served: MONSANTO CO. Address for service: c/o CORPORATION TRUST CO., REGISTERED AGENT 28 W. State St. Trenton, NJ RSV 0009549 21--''t.J. SL'VVC'iS-SUPERIOR COURT A 0 G R V T--i Coovrigftr" 1900 trv ALL-STATS LEGAL SUPPLY CO. Dhvt Cranford. N. J. 07016 U: C MAR 121206 &CLrb A POMEi. JUDGE MARCUS & LEVY Valley National Bank Bldg 80 Broadway Elmwood Park, NJ 07407 (201) 791-8500 Attorneys for Plaintiffs LOTTIE MEMICE, Individually and LOTTIE MEMICE, as Executrix of the ESTATE OF JOSEPH MEMICE, Deceased, Plaintiffs, SUPERIOR COURT OF NEW JERSEY LAW DIVISION PASSAIC COUNTY DOCKET NO. L-020509-86 PPG INDUSTRIES, INC.,; PPG INDUS TRIES, INC. CHEMICALS GROUP INDUS TRIAL CHEMICAL DIVISION; BORDEN, INC.; BORDEN INC. BORDEN CHEMICAL DIVISION? BORDEN INC. PETROCHEMI CALS DIVISION; BORDEN CHEMICAL INC.; GEORGIA GULF CORPORATION? UNIROYAL CHEMICAL CO., INC.; SHINTECH, INC.? SHELL CHEMICAL, INC.? SHELL OIL COMPANY, INC.? DOW CHEMICAL U.S.A.? E.I. du PONT de NEMOURS & COMPANY, INC.; E.I. du PONT de NEMOURS & COMPANY, INC. CONOCO INC., subsidiary, E.I. du PONT de NEMOURS, INC., CONOCO CHEM-) ICALS CO. DIVISION; FORMOSA PLAS- ) TICS CORPORATION; GEORGIA-PACIFIC ) CORPORATION? GEORGIA-PACIFIC CORPO-) RATION CHEMICAL DIVISION? THE BF GOODRICH COMPANY; BF GOODRICH COM PANY BF GOODRICH CHEMICAL GROUP; UNION CARBIDE CORPORATION? ALLIED CHEMICAL CORPORATION INDUSTRIAL CHEMICALS DIVISION; CONTINENTAL OIL) COMPANY CONOCO CHEMICALS DIVISION; ) ETHYL CORPORATION; MONOCHEM, INC.; ) STAUFFER CHEMICAL COMPANY (DELAWARE) Civil Action SECOND AMENDED COMPLAINT AND JURY DEMAND R$V 0009550 PLASTICS DIVISION; VISTA CHEMICAL ) CO.; CONOCO INC.; CONOCO CHEMICALS ) CO. DIVISION; DIAMOND SHAMROCK ) CORP.; DIAMOND SHAMROCK CORP. IN- ) DOSTRIAL CHEMICALS AND PLASTICS ) UNIT PLASTICS DIVISION; ICI ) AMERICAS INC.7 ICI AMERICAS INC. ' - ) PETROCHEMICALS DIVISION; TENNECO ) INC.; TENNECO CHEMICALS, INC. OR- ) GANICS AND POLYMERS DIVISION; ) AMERICAN CHEMICAL CORP.; AIRCO ) CHEMICALS & PLASTICS; AIR PRODUCTS ) AND CHEMICALS, INC. SPECIALTY GAS ) DEPARTMENT; DIAMOND ALKALI COMPANY;) FINE ORGANICS, INC.; GOODYEAR TIRE ) AND RUBBER COMPANY CHEMICALS DIVI- ) SION; ^MONSANTO COMPANY? "A" CORPO- ) RATION i"b " CUKPOKA11QN RATION D" CORPORATION? *E" CORPO-) RATION F" CORPORATION; G" CORPO-) RATION "H" CORPORATION; "I" CORPO-) RATION "J" CORPORATION; "K" CORPO-) RATION L" CORPORATION; "M" CORPO-) RATION "N* CORPORATION; O" CORPO-) RATION "P" CORPORATION? Q" CORPO-) RATION *R* CORPORATION; nS* CORPO-) RATION "T" CORPORATION; said names) being fictitious but intended to be) corporations or other persons or ) entities that manufactured vinyl ) chloride monomer (VCM); "1" CORPO- ) RATION? "2" CORPORATION? "3" CORPO-) RATION; "4 " CORPORATION; "5" CORPO-) RATION? "6" CORPORATION; *7" CORPO-) RATION; "8" CORPORATION; "9" CORPO-) RATION; "10" CORPORATION; "11" COR-) PORATION; "12" CORPORATION? "13" ) CORPORATION; "14" CORPORATION? "15") CORPORATION; "16" CORPORATION; "17") CORPORATION; "18" CORPORATION? "19") CORPORATION? "20" CORPORATION; said) names being fictitious but intended) to be the corporations or other ) persons or entities distributing ) vinyl chloride monomer (VCM); ) ) Defendants. ) Plaintiff, LOTTIE MEMICE, Individually and as Executrix of the ESTATE OF JOSEPH MEMICE, residing at 54 Rutgers place, in the City of Passaic, County of Passaic and State of New Jersey, complaining of the Defendants, says: RSV 0009551 FIRST COONT 1. Plaintiff, Lottie Memice, is the widow of the late Joseph Memice (hereinafter known as decedent), late of the City of Passaic," County of Passaic,''State of New Jersey, who was born on June 27, 1918 and died on June 29, 1984. 2. Plaintiff, Lottie Memice, brings this suit individ ually and in her capacity as executrix of decedent's estate. 3. Defendants, PPG Industries, Inc. and PPG Industries Inc. Chemicals Group Industrial Chemical Division, are incorpo rated under the laws of the State of Pennsylvania. Defendants conduct business within the State of New Jersey and have es tablished necessary and minimum contacts. Defendants, "PPG", manufacture, process, import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, PPG, introduced vinyl chlorides into the stream of commerce. 4. Defendants, Borden Chemical Inc., Borden Inc. Borden Chemical Division and Borden Inc. Petrochemicals Division conduct business within the State of New Jersey and have established necessary and minimum contacts. Defendants, "Borden", manu facture, process, import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendants, "Borden", introduced vinyl chlorides into the stream of commerce. 2- - RSV 0009552 e 5, Defendant, Georgia Gulf Corporation, is incorporated under, the laws of the State of Delaware. Defendant conducts business within the State of New Jersey and has established* necessary and minimum contact's. Defendant, Georgia Gulf Corporation, is a manufacturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendant, Georgia Gulf, introduced vinyl chlorides into the stream of commerce. *6. Defendant, Uniroyal Chemical Co., Inc., is incorpo rated under the laws of the State of New Jersey. Defendant con- I ducts business within the State of New Jersey and has etablished necessary and minimum contacts. Defendant, Uniroyal Chemical, is a manufacturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendant, Uniroyal Chemical, introduced vinyl chlorides into the stream of commerce. 7. Defendant, Shintech, Inc., conducts business within the State of New Jersey and has established necessary and minimum contacts. Defendant, Shintech, Inc., is a manufacturer, pro cessor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, Shintech, Inc., intro duced vinyl chlorides into the stream of commerce. 3- - RSV 0009553 8. Defendant, Shell Chemical, Inc. and Shell Oil Company, Inc., is incorporated under the laws of the State of New Jersey. Defendants conduct business within the State of New Jersey and have established necessary and minimum contacts. ; Defendant, Shell Chemical, Inc. and Shell Oil Company, Inc., manu- facture, process, import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendants, "Shell*, : introduced vinyl chlorides into the stream of commerce. 9. Defendant, Dow Chemical U.S.A., is incorporated under the laws of the State of Delaware. Defendant conducts busi ness within the" State of New Jersey and has etablished necessary and minimum contacts. Defendant, Dow Chemical U.S.A., is a manu facturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendant, Dow Chemical U.S.A, introduced vinyl chlorides into the stream of commerce. 10. Defendant, E-I. du Pont de Nemours & Company, Inc., E.I. du Pont de Nemours & Company, Inc. Conoco Inc. subsidiary anc E.I. du Pont de Nemours & Comoany, Inc. Conoco Chemicals Co. Division are incorporated under the laws of the State of Delaware. Defendant conducts business within the State of New Jersey and have established necessary and minimum contacts. Defendants, "E.I. du Pont", manufacture, process, import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendants, " E-I- du Pont", introduced vinyl chlorides into the stream of commerce- 4- - RSV 0009554 11. Defendant, Formosa Plastics Corporation, is incor porated under the laws of the State of Delaware. Defendant^ con ducts' business within `the*`State of New Jersey and has established necessary and minimum contacts. Defendant, Formosa Plastics Corporation, is a manufacturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees -or representatives. Defendant, Formosa Plastics Corporation, introduced vinyl chlorides into the stream of commerce. 12. Defendants, Georgia-Pacific Corporation and Georgia-Pacific Corporation Chemical Division, are incorporated under the laws of the State of Georgia. Defendants conduct business within the State of New Jersey and have established necessary and minimum contacts. Defendants, "Georgia-Pacific", manufacture, process, import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendants, "Georgia-Pacific", introduced vinyl chlorides into the stream of commerce. 13. Defendants, The BF Goodrich Company, BF Goodrich Company, BF 'Goodrich Chemical Group, are incorporated under the J laws of the State of New York. Defendants conduct business within the State of New Jersey and have established necessary and minimum contacts. Defendants, "BF Goodrich Company", manufacture, -5 ftSV 0009555 process, import, convert, compound, distribute and trade vinyl chlorides, .. Acting through its agents, servants, employees or representatives,' Defendants,' "BF Goodrich Company", introduced vinyl chlorides into the stream of commerce. 14. Defendant, Union Carbide Corporation, is incorpo rated under the laws of the State of New York. Defendant conducts business within the State of New Jersey and has established neces sary and minimum contacts. Defendant, Onion Carbide Corporation, is a manufacturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, Onion Carbide Corporation, introduced vinyl chlorides into the stream of commerce. 15. Defendant, Allied Chemical Corporation Industrial Chemicals Division, is incorporated under the laws of the State of Delaware. Defendant conducts business within the State of New Jersey and has established necessary and minimum contacts. De fendant, Allied Chemical Corporation Industrial Chemicals Divi sion, is a manufacturer, processor, importer, converter, com pounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, De fendant, Allied Chemical Corporation Industrial Chemicals Divi sion, introduced vinyl chlorides into the stream of commerce- 6- - RSV 0009556 r IL- 16. Defendant/ Continental Oil Company Conoco Chemicals Division/ is incorporated under the laws of the State of Delaware. Defendant conducts business within the State of New Jersey and has established necessary and minimum contacts.' Defendant/ Continental Oil Company Conoco Chemicals Division, is a manufac turer, processor, importer, converter, compounder, distributor and merchant of vinyl''chlorides. Acting through its agents, servants, employees or representatives, Defendant, Continental Oil Company Conoco Chemicals Division, introduced vinyl chlorides into the stream of commerce. 17. Defendant, Ethyl Corporation, is incorporated under the laws of the State of Virginia. Defendant conducts business within the State of Clew Jersey and has established necessary and minimum contacts. Defendant, Ethyl Corporation, is a manufac turer, processor, importer, converter, compounder, distributor anc merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendant, Ethyl Corporation, intro duced vinyl chlorides into the stream of commerce. 18. Defendant, Monochem, Inc., conducts business within the State of New Jersey and has established necessary and minimum contacts. Defendant, Monochem, Inc., is a manufacturer, pro cessor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, em ployees or representatives, Defendant, Monochem, Inc., introducec vinyl chlorides into the stream of commerce. -7- RSV 0009557 19. Defendant, Stauffer Chemical Company (Delaware) Plastics Division, is incorporated under the laws of the State of Delaware. - Defendant conducts business within the State of New Jersey and has^established necessary and minimum contacts. De fendant; ` Stauffer Chemical "Company "(Delaware) Plastics Division,'* is a manufacturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, Stauffer Chemical .Company (Delaware) Plastics Division, introduced vinyl chlorides into the stream of commerce. 20. Defendant, Vista Chemical Company, conducts busi ness within the State of New Jersey and has established necessary and minimum contacts. Defendant, Vista Chemical Company, is a manufacturer, processor, importer, converter, compounder, dis tributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, Vista Chemical Company, introduced vinyl chlorides into the stream of commerce. 21. Defendants, Conoco Inc. and Conoco Chemicals Company Division, conduct business within the State of New Jersey and has established necessary and minimum contacts. Defendants, "Conoco Inc.", manufacture, process, import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendants, "Conoco Inc.", introduced vinyl chlorides into the stream of commerce. 22. Defendants, Diamond Shamrock Corporation and Diamond Shamrock. Corporation Industrial Chemicals anc Plastics Unit Plastics Division, conduct business within the State of New Jersey and has established necessary and minimum contacts. Defendants, "Diamond Shamrock Corporation", manufacture, process, import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendants, "Diamond Shamrock Corporation, introduced vinyl chlorides into the stream of commerce. -8 - 0009558 23. Defendants, ICI Americas Inc. and ICI Americas Inc. Petrochemicals Division, -conduct business within the State of New Jersey and has established necessary and minimum contacts. Defendants, "ICI Americas Inc.", manufacture, process, -import, convert, compound, distribute and trade vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendants, "ICI Americas Inc.", introduced vinyl chlorides into the stream of commerce. 24. Defendants, Tenneco Inc. -and Tenneco Chemicals, Inc. Organics and Polymers Division, conduct business within the State of New Jersey and has established necessary and minimum contacts. Defendants, "Tenneco Inc.", manufacture, process, import, convert, compound, distribute and trade-vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendants, "Tenneco Inc.*, introduced vinyl chlorides into the stream of commerce. 25. Defendant, American Chemical Corporation, conducts business within the State of New Jersey and has established necessary and minimum contacts. Defendant, American Chemical Corporation, is a manufacturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, American Chemical Corporation, introduced vinyl chlorides into the stream of commerce. 26. Defendant, Airco Chemicals and Plastics, conducts business within the State of New Jersey and has established necessary and minimum contacts. Defendant, Airco Chemicals and Plastics, is a manufacturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendant, Airco Chemicals and Plastics, introduced vinyl chlorides into the stream of commerce. 9- - RSV 0009559 27. Defendant, Air Products and Chemicals, Inc. Specialty Gas Department, conducts business within the Statue of New Jersey and has established necessary and minimum contacts. -- Defendant,*Air Products and Chemicals, Inc. Specialty Gas Depart ment,' is a manufacturer, processor, importer,-converter, com pounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, Air Products and Chemicals, Inc. Specialty Gas Department, introduced vinyl chlorides into the stream of commerce. 28_. Defendant, Diamond Alkali Company, conducts business within the State of New Jersey and has established necessary and minimum contacts. Defendant, Diamond Alkali Company, is a manufacturer, processor, importer, converter, com pounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, Diamond Alkali Company, introduced vinyl chlorides into the stream of commerce. 29. Defendant, Fine Organics, Inc., conducts business within the State of New Jersey and has established necessary and minimum contacts. Defendant, Fine Organics, Inc., is a manu facturer, processor, importer, converter, compounder, distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendant, Fine Organics, Inc., introduced vinyl chlorides into the s.reara of commerce. 30. Defendant, Goodyear Tire and Rubber Company Chemicals Division, conducts business within the Stats of New Jersey and has established necessary and minimum contacts. Defendant, Goodyear Tire and Rubber Company Chemicals Division, is a manufacturer, processor, importer, converter, compounder, dis tributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives, Defendant, Goodyear Tire and Rubber Company Chemicals Division, introduced vinyl chlorides into the stream of commerce. -10- RSV 0009560 31. Defendant, Monsanto Company, conducts business within the State of New Jersey and-has established necessary and minimum contacts. Defendant, Monsanto Company, is a manufacturer, processor, importer, converter, compounder, .distributor and merchant of vinyl chlorides. Acting through its agents, servants, employees or representatives. Defendant, Monsanto Company, intro duced vinyl chlorides into the stream of commerce*. 32. "A" Corporation, "B" Corporation, "C" Corporation, "D" Corporation, "E" Corporation, "F" Corporation/ "G" Corpora tion, "H" Corporation, "1" Corporation, "J" Corporation, "K" . Corporation, "L" Corporation, *M" Corporation, "N" Corporation, "0" Corporation, "P" Corporation, "Q" Corporation, "R" Corpora tion, "S" Corporation and "T* Corporation, names being fictitious but intended to be corporations or other persons or entities that manufactured vinyl chloride monomer (VCM) and introduced same into the stream of commerce. 33. "1" Corporation, "2" Corporation, "3" Corporation, "4" Corporation, "5" Corporation, "6" Corporation, "7" Corpora tion, "8" Corporation, "9" Corporation, ."10" Corporation, "11". Corporation, "12" Corporation, "13" Corporation, "14" Corporation, "15" Corporation, "16" Corporation, "17" Corporation, "18" Corpo ration, "19" Corporation and *20"'Corporation, names being ficti tious but intended to be the corporations or other persons or entities distributing vinyl chloride monomer (VCM) and introduced same into the stream of commerce. 34. Plaintiff's deceased husband, Joseph Memice, was employed by Pantasote, a corporation organized and existing under the laws of the State of Delaware. As an employee of Pantasote, the deceased worked around, came into contact with and was other wise exposed to vinyl chlorides which were manufactured, pro cessed, imported, compounded, converted or sold by the Defendants to fabricators such as Pantasote. -11- RSV 0009561 35. The damaging effects of said contact and exposure directly and proximately-caused Plaintiff's deceased husband to develop a cancer known as angiosarcoma of the liver, which 'illness resulted in :the deceased experiencing great pain and suffering, --- mental anxiety, weight loss and eventual death. ..........- 36. Defendants knew, or with the exercise of ordinary care, should have known that the vinyl chloride materials were injurious, poisonous, and harmful to the deceased's health. De fendants knew or should have known that the deceased would not know of such dangers to his health. 37. The illness and eventual death of the deceased was a proximate and direct result of the negligence of the Defendants in that they; (a) failed to advise the Plaintiff's husband of the dangerous characteristics of vinyl chloride? (b) failed to provide the deceased with safe and sufficient wearing apparel or proper protective equipment and appliances if, in truth, there were any, to protect the deceased from being injured, as he was, by exposure and contact with said vinyl chlorides; (c) failed to place any warnings on the containers of said vinyl chlorides of the dangers of exposure, or contact with said vinyl chlorides; (d) failed to make reasonable precautions or exer cise reasonable care to publish, adopt and enforce a safety plan or a safe method of loading and unloading, handling, venting and using said vinyl chlorides; (e) failed- to provide adequate directions for the handlers of its products, such as the employees of Pantasote, so as to avoid physical harm to such persons or those in the immedi ate vicinity of such persons, and to avoid subjecting such persons -12- RSV 0009562 to risks which the Defendants knew or should have known existed, which risks were not known to or reasonably discoverable by persons handling the products; (f) in any other respects .not presently .". ..V. ascertainable. .................. 38. The death of the Plaintiff's husband was directly and proximately caused by the gross negligence, omission, conscious indifferences, or utter disregard for the welfare of the deceased on the part of the Defendants `herein, their agents, servants, employees, managers, superintendents, supervisors, and officers in that they ignored scientific data made known and available to them, which data stated specifically that its vinyl chloride materials were harmful and deadly to the workers who came in contact with said materials. 39. Defendants are and have been possessed of medical and scientific data which clearly indicated that the product vinyl chloride is hazardous to health, and, prompted by pecuniary motives, the Defendants willfully and wantonly ignored and failed to act upon said medical and scientific data. Defendants con spired to deprive the public, particularly the users and workers who had to work in close proximity to said products, of said medical and scientific data, depriving them of the opportunity of free choice as to whether or not to expose themselves to the vinyl chloride products of the Defendants. 40. There is and was at the time of the death set forth above a survival action known and designated as N.J.S.A. 2A:15-3 et saj. Plaintiff, as Executrix of the Estate of Joseph Memica, brings this action pursuant to the provisions thereof for the benefit of the Estate of Joseph Memice. 41. There is and was at the time of the accident set forth above a wrongful death statute, known and designated as N.J.S.A. 2A:31-1-6; Plaintiff, as Executrix brings this action pursuant to the provisions thereof for the benefit of the next of kin of the decedent. -13- RSV 0009563 42. The estate of the decedent was liable for and in fact paid for hospital, medical and funeral burial expenses and charges of the decedent. r-**3i2gj& *43. \The decedent, Joseph Memice, left surviving him a wife, Lottie Memice* By reason of the wrongful death of the -- Plaintiff's decedent, his survivor has suffered pecuniary losses including the loss of the care, comfort, attention, support, income, companionship, household and other services and society of the Decedent. ' WHEREFORE, Plaintiff demands judgment on this First Count against the Defendants joint tortfeasors herein, jointly and/or severally, for damages, interest, costs of suit and punitive damages. SECOND COUNT 1. Plaintiff adopts all of the allegations in Para graphs 1 through 43 of the First Count hereof as if they were alleged in full herein. 2. In connection with the mining, manufacturing, pro cessing, importing, converting, compounding, distribution and sale of vinyl chlorides, the Defendants expressly and impliedly war ranted to the general public and to this Plaintiff's deceased husband in particular that said vinyl chlorides were safe, mer chantable, and fit for the use for which they were intended and that they did not contain any undisclosed latent defects. 3. Said vinyl chlorides breached the Defendants' war ranty to Plaintiff's deceased in that said products were unsafe, not of merchantable quality and unfit for the purpose and use for which they were intended. 4. Plaintiff's deceased husband relied on the warran ties made by the Defendants and was caused to suffer serious and permanent disabilities and death as a direct and proximate result of his reliance on said warranties and as the direct and proximate result of the breach of said warranties by the Defendants. -14- RSV 0009564 5. As a direct and proximate result of the breach of warranties by the Defendants as heretofore set forth. Plaintiff's deceased sustained the losses and damages more particularly set forth .in the First Count hereof, which is adopted as note; _ particularly set forth therein. - ......... ---- 8. Plaintiff alleges that all her deceased husband's injuries, death and damages heretofore alleged were due to the breaches of warranties on the part of the Defendants. WHEREFORE, Plaintiff demands judgment on this Second Count against the Defendants joint tortfeasors herein, jointly and/or severally, for damages, interest, costs of suit and punitive damages. THIRD COONT 1. The Plaintiff adopts all the allegations in Para graphs 1 through 43 of the First Count and realleges same as if more fully repeated herein. 2. The Plaintiff's deceased husband was an employee of Pantasote, which was involved, among other things, in the fabrica tion of vinyl chloride products. 3. In the Course of his employment with Pantasote, the deceased was constantly subjected to the inhalation of vinyl chlorides at any time the Defendants1 products were loaded, stored, compressed, condensed, sampled, vented or combined in the fabrication process and otherwise permeated the premises. 4. In or about the month of March, 1984, the deceased developed a serious and painful illness, a cancer known as angiosarcoma of the liver and at thac time was so informed by his physicians. 5. Said vinyl chlorides manufactured or otherwise introduced into the stream of commerce by the Defendants were defective and dangerous at the time they were sold to the deceased's employer, Pantasote. These products contained a defect and were harmful, poisonous and deleterious when introduced into the atmosphere where the deceased carried on his duties. -15- RSV 0009565 6, The Defendants, selling their vinyl chlorides in a defective condition and dangerous to the users thereof, such as the deceased, are liable to the Plaintiff for his death resulting from said defective products- . ' **' '"''7 ' As a direct and proximate result of the sale by the Defendants to Plaintiff's deceased husband's employer of said defective and unreasonably dangerous products, the deceased sustained serious and permanent injuries as more particularly set forth in the First Count which is adopted herein. WHEREFORE, Plaintiff demands judgment on this Third Count against the Defendants joint tortfeasors herein, or any one of them, jointly and/or severally,- for punitive and compensatory damages, interest and costs of suit. FOURTH COUNT 1. Plaintiff adopts all the allegations in Paragraphs 1 through 43 of the First Count hereof as if they were alleged in full herein. 2. Defendants acted independently of each other in com mitting the same wrongful act, but although acting independently, their acts had the effect of substantially encouraging or * assisting wrongful conduct of the other. 3. Defendants comprise all the Defendants who may be liable for Plaintiff's damages and Plaintiff brings this action pursuant to the legal theories known as res iosa loouitor, alter native liability, concert of action and enterprise liabilityWHEREFORE, Plaintiff demands judgment against *_he Defendants herein on this Fourth Count, jointly and/or severally, for damages, interest, costs of suit and punitive damages. FIFTH COUNT 1. Plaintiff, Lottie Memice, repeats, reiterates and realleges each and every allegation contained in the First, Second, Third and'Fourth Counts hereof as though recited herein at length. -16- RSV 0009566 2. At all times herein mentioned, the Plaintiff, Lottie Memice, was the wife of Joseph Memice, deceased. 3. ..As a result of the acts of the Defendants herein, the Plaintiff, Lottie Memice, was deprived of the services, society and consortium of Joseph Memice, deceased, all to her great loss and detriment. WHEREFORE, Plaintiff, Lottie Memice, demands judgment against the Defendants herein, on this Fifth Count,"- for damages, interest thereon and costs of suit. MARCOS &/LVY Attori'ieya/foi?^plaintiff DATED: MARCH 12, 1986 KENNETH/W. LEVY JURY DEMAND PLAINTIFF HEREBY DEMANDS A TRIAL BY JURY ON ALL COUNTS. DATED: MARCH 12, 1986 KBNNETJI W. LEVY -17- I- ii RSV 0009567