Document wrLVM3q4ME91peaEaeEyMw9Eo

UNION CARBIDE CORPORATION Old Ridgebury Road, Danbury, Conn. 06817 LAW DEPARTMENT____________________________________________ March 12, 1991 TO: FROM: RE: A. J. Gerson T. J. McGuire Phvllis Colbv v UCC I attach herewith for your review and handling the following papers in connection with the above-entitled matter: Summons, Jury Demand, Complaint Attachments *mi RSOS1VSD M4J? 14 Kelley drye r, PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 076180 Jacob Levinson <i94-i9en Alfred A. Levinson Camfl* CkAl TrialA*mry RichardJ. Levinson CtM/Ud OMI THolAmormy RobertJay Axelrod <k*tIW CM! THol Amnty David T. Wheaton CmqfladCtetiTnalAMormay Ronald 6. Greyxel <VWOkW7MMDnMy William D. Levinson Patrick R. Caulfield Managing Partner CBiapHuaricn LevinsonAxdiDd\Mieaton &Grawd ATTORNEY S AT LA'X A P R O H H S S I O N A I. t. O lO' (> K~A tT~O N Union Carbide Corporation, c/o Corporation Trust Co., 28 West State St., Trenton, N.J. 08608 Dear Sir: Elaine Brennan J. Steward Husid Cant/ioA Criminal Trial Attorney * * Richard Marcolus JamesJ. Dunn Ronalds. Suss RaeT. Horowia JohnJ. Schwarz 'AdamJ. Weisberg Louis H. Miller O/CotatM* March 7, 1991 Re: Colby v. Union Carbide Dear Sir: Enclosed herein please find a copy of the Summons and Complaint and Demand for Discovery of Insurance Coverage in connection with the above matter. Service is being made upon you by virtue of N.J. Rule 4:44(a). Under the laws of New Jersey, you have thirty-five days in which to file an Answer to said Complaint or a default Judgment may be entered against you. I suggest you turn these papers over to your insurance carrier or personal attorney. Very truly yours AAL:ff Certified: P 798 599 612 Alnred 4A. Levinson Aho Mote Hew to* hr UCC 076181 Levinson Plaza. 2 Lincoln Highway. P.O. Box 2905. Edison, NJ 08818-2905 (908) 494-2727 Fax: (908) 494-2712 Direct Line Workers' Compensation (908) 494-7230 124 Route 31. Remington, N] 08822 (906) 782-6766 Fax;(908) 782-6925 Ptgeae Repty To Edison LEVINSON, AXELROD, WHEATON k GRATZEL Levinson Plaza 2 Lincoln Highway P.O. Box 2905 Edison, New Jersey 08818--2905 (201) 494-2727 Attorney(s) for Plaintiff(s) / fcr' PHYLLIS COLBY, etc SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY LAW DIVISION vs. Plaintiff(8) UNION CARBIDE CORPORATION DOCKET NO. L-1979-91 CIVIL ACTION SUMMONS Defendant(s) THE STATE OF NEW JERSEY, TO THE ABOVE NAMED DEFENDANT(S) : UNION CARBIDE CORPORATION YOU ARB HEREBY SUMMONED in a Civil Action in the Superior Court of New Jersey, instituted by the above named plaintiff(s) , and required to serve upon the attorney(s) for the plaintiff(s) , whose name and office address appears above, an anBwer to the annexed complaint within 35 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 of civil practice and procedure. If you cannot afford 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 (with: out of state) Dated: March 7, 1991 Address of Defendant to be s3 28 West State St., Trenton, hN.J. 08608 ucc 076182 RVICE OF PROCES NSMITT * * FORM C T Corporal The Corporation Trust Company TO: Union Carhinp Corporation------- to mrt P-iHrjoKnry BaM--------------Section E 2 256 Danbury, Ct 06817 RE: PROCESS SERVED IN. V Trenton, New Jersey (City) (St.M MARCH 11, 1991 (Oatal ( Y I Via Federal Express Vie Messenger NEW JERSEY (Jiiriidiction) FOR UNION CARBIDE CORPORATION (Name of Company) NEW YORK (Domestic Slale) Enclosed are copies of legal process served upon the statutory agent of the above company as follows: 1. Title of Action: PHYLLIS COLBY, etc.,Plaintiff vs UNION CARBIDE CORPORATION, Defendants 2. Document(s) IS Summons, Complaint Jury Demand 3. Court: C? Superior Court of New Jersey, O ^aw Division Middlesex Docket # County L 1979 91 4. Nature of Action: Plaintiff demands judgment for- damages interests and costs alleges injuries sustained due to exposure to asbestos. 5. Process Served on: THE CORPORATION TRUST COMPANY in New Jersey. Ex! Process Received By: THE CORPORATION TRUST COMPANY in New Jersey by mail. From: atty 3/7/91 certified Envelope Post Marked -- enclosed / 6. Date and Hour of Service or Receipt: March 11, 1991 / 7. Appearance or Answer Due: Within 20 days of service, exclusive of day of service. jO within 35 days 8. Plaintiff's Attorney{s): Levinson, Conover, Axelrod, Wheaton & Grayzel 2 Lincoln Highway, P.O. Box 2905 Edison, N.J. 08818 9. Remarks: j v Ol;(. Jim ^ O This confirms our telephone call to your office. * O Above telephoned to C T office and is sent to you per their instructions. KINDLY ACKNOWLEDGE RECEIPT BY SIGNING THE CARBON COPY AND RETURNING IT TO UCC 076183 C T CORPORATION SYSTEM m / 28 West State St._______________ _ Trenton, New Jersey 08608 C T 2M - 2500 - 7/77 Levinsa. AxelrodWheaton &Gravzd ATTORNEYS AT LAW A PBQFESSIONAL CORPORATION Lincoln Plaza 2 Lincoln Highway P. O. Box 2905 Edison, NJ 08818-2905 (201)494-2727 Attorneys For PHYLLIS COLBY, Executrix of the Estate of LAWRENCE A. COLBY : and PHYLLIS COLBY, individually SUPERIOR COURT OF NEW JERSEl LAW DIVISION: MIDDLESEX COUNTY Plaintiff (a), : DOCKET NO, vs: : CIVIL ACTION UNION CARBIDE CORPORATION : COMPLAINT AND JURY DEMAND Defendants) : The Plaintiff(s), Plyllis Colby residing at 502 Mackey Road, Belford, County of Monmouth, State of New Jersey complaining of the defendants say that: FIRST COUNT 1. The plaintiff's decedent, Lawrence A. Colby, having died on May 5, 1989 and the aforesaid, Phyllis Colby, hiB wife, having been appointed Executrix of his estate by the Monmouth County Surrogate's Office on August 23rd, 1989, copy of said appointment being attached hereto, sets forth as follows, 2, The plaintiff's decedent, Lawrence A, Colby, was formerly employed by a corporation in the State of New Jersey and more particularly located in the City of Perth Amboy, County of Middlesex and known as the Amboy Terminaling Company and prior thereto known as the 0,T.D. Terminals Corporation, Said plaintiff's decedent was employed upon the premises of said Amboy Terminaling Company for a period of 6 years from May 27, 1961 to June 20,1967 and while working for said corporation was UCC 076184 constantly exposed to noxious, dangerous, toxic and carcinogenic materials known as Mpolyvinyl chloride; vinyl chloride; polyethylene; polyurethane; polyatryrene; isopropilidene bisphenol resins, and phenols; heavy equipment machinery lubricants and fuels; and was further exposed to fumes from the heat sealer in the vinyl resin bag packing bay* 3. The plaintiff's decedent herein worked in close proximity to this material some being in a pellet and powder form and as a result of his constant exposure was caused to incur an internal cancerous condition to his lungs and liver* Plaintiff's decedent was not aware and never made aware of the toxicity and dangers of the products to which he was exposed* 4. The defendant, Union Carbide, did manufacture, package, ship and sell these products to the employer of the plaintiff* 8 decedent herein in the City of Perth Amboy, County of Middlesex and State of New Jersey, and at all times failed to label the products in such manner as to set forth its intrinsic and inherent dangers to the life and health of the plaintiff's decedent herein. This defendant was negligent in failing to prepare the plaintiff's decedent with notice and knowledge directly or in writing or in any manner or form, to alert said plaintiff's decedent of the dangers of said products and his exposure thereto. 5. As a direct and proximate result of the negligence of the defendant aforesaid, the plaintiff's decedent was caused to suffer serious and permanent injuries to his body and internal organs; was caused to undergo severe pain and emotional stress and subsequent death. He was further caused to incur medical UCC 076185 expenses and other losses * WHEREFORE, the plaintiff, PHYLLIS COLBY, demands judgment against the defendant on this count plus interest and costs of suit. SECOND COUNT 1. The plaintiff, PHYLLIS COLBY, repeats the allegations contained in the first count as if the same were set forth more fully herein and made a part hereof* 2* The defendant herein did ship and transport these products to the factory and plant where the plaintiff's decedent was employed knowing said plaintiff's decedent would be handling and working with these products and would be exposed to the effects of said products and further that this plaintiff's decedent would use and handle these products in the manner and form without change as said products left the plant of said defendant. This plaintiff's decedent was caused to suffer the injuries and subsequent death as a result of this exposure, and said defendant is strictly liable to the plaintiff's decedent on this count* WHEREFORE, the Plaintiff, PHYLLIS COLBY, hereby demands judgment against the defendant on this count. THIRD COUNT 1. The plaintiff, PHYLLIS COLBY, repeats the allegations contained in the First and Second Counts as if the same were set forth herein and made part hereof* UCC 076186 2. This defendant did expressly and impliedly warrant said products to be used and handled with safety, and accordingly, plaintiff's decedent was exposed to said products with the subsequent deleterious effects, and said defendant did fail to maintain its warranty to the plaintiff's decedent. WHEREFORE, the Plaintiff, PHYLLIS COLBY, hereby demands judgment against the defendant on this count. FOURTH COUNT 1. The Plaintiff, PHYLLIS COLBY, repeats the allegations contained in the above Counts as if the same were set forth herein and made part hereof. 2. At the time and place aforesaid she was married to Lawrence A. Colby, and in that capacity was caused to lose the love, services and consortium of her husband as a result of his injuries and subsequent death and will forever in the future be caused to suffer as a result thereof. WHEREFORE, the plaintiff, PHYLLIS COLBY, hereby demands judgment against the defendant on this count. UCC 076187 FIFTH COUNT 3 . The plaintiff, PHYLLIS COLBY, repeats all of the above counts as if the same were set forth herein and made part hereof. 2. At all times relevant hereto, Phyllis Colby, was the wife of Lawrence A. Colby and as his widow is presently serving as the Executrix of his estate. Phyllis Colby was financially dependent upon her husband. 3. As a direct and proximate consequence of the negligence and misconduct of the defendant and its failure to market reasonably safe products, the plaintiff was caused to suffer pecuniary losses. 4. The plaintiff as the representative of the Estate of Lawrence A. Colby hereby seeks compensatory and punitive damages against the defendant under New Jersey's Wrongful Death Act. WHEREFORE, PHYLLIS COLBY, as executrix of the Estate of Lawrence A. Colby demands damages on this count for pecuniary losses together with compensatory damages, counsel fees and costs PLEASE TAKE NOTICE that the Plaintiff(s) , pursuant to R.4:35-1, demands a trial by jury as to all issues. UCC 076188 CERTIFICATION I hereby certify that this matter is not the subject matter of any other suit vieoeuLly pending in any other Court or in any American Arbitration proceedings. At this time, no other Court proceeding or American Arbitration proceeding is contemplated. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that attorney, ALFRED A. LEVINSON, Esquire is hereby designated as trial counsel in the above- captioned litigation for the firm of Levinson, Axelrod, Wheaton A Grayzel, Esquires, pursuant to R.4:25-4. STATEMENT OF DAMAGBS Pursuant to R.4:5-2, the Plaintiff's Statement of Damages claimed is in the amount of $1,000,000.00. LEVINSON, AXELROD, WHEATON & GRAYZEL Attorneys for Plaintiff(s) UCC 076189 >tate of ^fefo 3eraeg 3Homttnuil] County Surrogate's Court In the Matter of the Estate of LAWRENCE a. COLBY } , Deceased EXECUTOR SHORT CERTIFICATE I, Patricia A. BENNETT Surrogate, do hereby certify that the Last Will r..of the above named decedent, late of the County of Monmouth, w ..M..... admitted to probate by the Surrogate of Monmouth County, on __ AwsuB.t..23tr4...X9.W..r...?. and Letters Testamentary were issued to .....?bylli.*..A#...C.<?lfey...:..^...T...T..T...T..^:..T...,?...... the Execu...txlx. named therein, who ...As... duly authorized to take upon the administration of the estate of said testa ...tor.... agreeably to said Will ....r., T..and said Letters Testamentary have never been revoked and still remain in full force and effect. WITNESS my hand and seal of office, this ..8th.... day of .February....... 1991. PATRICIA A. BENNETT, SURROGATE peputy Surrogate UCC 076190 c omc cc c-T* r <?> ctcc t mmc c: C c o c c o < c: c i CO( c c o*c c c C O C C C C C' COC C r#GC;C C Of C C 0i C C i GtC C CCCC C Z t' o r c r- r- n r- r r c c c. c- l, < cote c o c cc CO( C . C 3 C. C c o : c c mi c c: c m ( c_ c :::< ( O < C C Cl < c . cii; .. c C ~ < -a N3 O c h 00 3 a 0 H- 3X o rt Q n 3 0mo 3 rt n n W To3 o> h rt er o> H- rt a CD (D o CA 00 r 01 > n o o- 00 3 0 H Q rt H- 0 3 LevinsonAjoelrodWieaton r 1 UCC 076191 cohere C#ICC" o c c; i am c c c Co c c c c#ccc O C ( < ctccc r.r.r.nnnnnn ^^ JOHN R. DOWNEY, ESQ. Law Department (E3-285) Union Carbide Chemicals and Plastics Company Inc. 39 Old Ridgabury Road Danbury, CT 06817-0001 Talaphona: 203--794--5196 /3: (L , Jc_Uh_- fp ^ t*/^' _____________ 1 c-me cc t c o t l, c a & A ijfcv*"- j3J\ cm( c c < C Oi c c **(***#> **** C O C (. c o CCCCCCOODOOOO 1J _ J j f J cco< c. C c C cm (e.rr:e::qcqnp'J333DpOojji'Djj:)jjjj.j)j > j> LOC L ' : C ^ -- -- - -- -- - W --j V_^ _) _) 4 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 076192