Document x1VGLJy9aGYwB0rxqkXY5Deb1

c SUEESIOR COURT OF N J ^ filed *** 11 1986 R-a k&NK MATSON c URL 13105 TOMPKINS, MCGUIRE ft WACHENFELD 550 BROAD STREET NEWARK. N. J. 07102 (201) 522*3000 ATTORNEYS FOR Defendant, Stauffer Chemical Company SUPERIOR COURT OF NEW JERSEY LAW DIVISION i PASSAIC COUNTY ! DOCKET NO. L-20509-86 LOTTIE MEMICE, Individually and LOTTIE MEMICE, as Executrix of the ESTATE OF JOSEPH MEMICE, Deceased, Plaintiffs, v. PPG INDUSTRIES, INC.,; PPG INDUSTRIES, INC. CHEMICALS GROUP INDUSTRIAL CHEMICAL DIVISION; BORDEN, INC.; BORDEN INC. BORDEN CHEMICAL DIVISION; BORDEN INC. PETROCHEMICALS 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. CONOCO INC., subsidiary, E.I. du PONT de NEMOURS, INC., CONOCO CHEMICALS CO. DIVISION; FORMOSA PLASTICS CORPORATION; GEORGIA-PACIFIC CORPORATION; GEORGIA-PACIFIC CORPORATION CHEMICAL DIVISION; THE BF GOODRICH COMPANY; BF GOODRICH COMPANY BF GOODRICH i i :> ii CIVIL ACTION: !j ANSWER TO SECQND AMENDED COMPLAINT ON BEHALF OF DEFENDANT, STAUFFER CHEMICAL COMPANY i i l i cc 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) PLASTICS DIVISION; VISTA CHEMICAL CO.; CONOCO INC.? DIAMOND SHAMROCK CORP.? DIAMOND SHAMROCK CORP. INDUSTRIAL CHEMICALS AND PLASTICS UNIT PLASTICS DIVISION? ICI AMERICAS INC.? ICI AMERICAS INC. PETROCHEMICALS DIVISION? TENNECO INC.? TENNECO CHEMICALS , INC. ORGANICS 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 DIVISION? MONSANTO COMPANY? "A" CORPORATION? nB" CORPORATION? "C" CORPORATION? "E" CORPORATION? "G" CORPORATION? ii j n CORPORATION? " K " CORPORATION? "M" CORPORATION? "O" CORPORATION? "Q" CORPORATION? "S" CORPORATION; said names being "D" CORPORATION? "p" CORPORATION? "H " CORPORATION? "J" CORPORATION; MTlt CORPORATION? "N" CORPORATION? ip CORPORATION? "R" CORPORATION? ttipn CORPORATION? fictitious but intended to be corporations or other persons or entities that manufactured vinyl chloride monomer (VCM)? "I" CORPORATION? "2" CORPO RATION? "3" CORPORATION? "4" CORPO- RATION; IV J If CORPORATION; "6" CORPO- RATION? RATION? RATION? n y ii CORPORATION? "8" CORPO* g if CORPORATION? "10" CORPO" 11" CORPORATION; ii 12. CORPORATION? "13" CORPORATION? "14" CORPORATION? "16" CORPORATION? "16" CORPORATION; "17* CORPORATION? "18" CORPORATION? "19" CORPORATION? "20" CORPORATION? said names being fictitious but intended to be corporations or other persons or entities distributing vinyl chloride monomer (VCM)-;^ Defendants. -2- ; i! r 9 0 /f; cc Defendant, Stauffer Chemical Company, improperly sued and designated as "Stauffer Chemical Company (Delaware) Plastics Division," having its principal place of business at Westport, Connecticut, by way of answer to the Amended Complaint alleges and says: FIRST COUNT 1. This defendant is without knowledge or infor mation sufficient to form a belief as to the truth of the allegations set forth in paragraphs 1 through 18 of the First Count of the Second Amended Complaint, and leaves i plaintiff to her proofs in that regard. i j 2. Defendant, Stauffer Chemical Company, ^dmits that it is a corporation and that it has at various t)imes manufactured and sold vinyl chloride monomer. It denkes all other allegations set forth in paragraph 19 of the First ? Count of the Second Amended Complaint. mation 3. This defendant is without sufficient to form a belief as to knowledge the truth i or-j infor:i of^ the allegations set forth in paragraphs 20 through-34 of !fhe ij Second Amended Complaint and leaves plaintiff to her proofs in those regards. 4. This defendant denies the allegations j|et forth in paragraphs 35, 36, 37, 38 and 39 of the'Firsjtt Count of the Second Amended Complaint. i URL 13107 -3- cc 5. This defendant is without knowledge or: infor mation sufficient to form a belief as to the truth of the allegations set forth in paragraphs 40, 41,42 and 43 bf the First Count of the Second Amended Complaint, and leavjes plaintiff to her proofs in those regards. i URL 13108 SECOND COUNT 1. This defendant repeats its answer to the First Count of the Second Amended Complaint as though set forth at length herein and makes the same a part hereof. 2. This defendant denies the forth in paragraphs 2, 3, 4, 5, and 6 of the Second Amended Complaint. allegations set i the Second Cbunt i j of THIRD COUNT i ! 1. This defendant repeats its answer to the First and Second Counts of the Second Amended Complaint as .i though set forth at length herein and makes the same ^ part :i hereof. n 2. This defendant is without knowledge or!| infor- i mation sufficient to form a belief as to the truth ofi the allegations set forth in paragraphs 2, 3, and 4 of thg: Third ;i Count of the Second Amended Complaint, and leaves plaintiff to her proofs in those regards. |i i; 3. This defendant denies the allegations set forth in paragraphs 5, 6, and 7 of the Third Count of-,the i; Second Amended Complaint. * i! -4- cc FOURTH COUNT 1. This defendant repeats its answer to tjhe First through Third Counts of the Second Amended Compjlaint as though set forth at length herein and makes the sajme a ! part hereof. 2. This defendant admits that it acts indepen dently of all other defendants, and denies all other allega tions set forth in paragraph 2 of the Fourth Count of the Second Amended Complaint insofar as they apply to this defendant. i 3. This defendant is without knowledge or' infor- i mation sufficient to form a belief as to the truth ofj the allegations set forth in paragraph 3 of the Fourth Co|ant of the Second Amended Complaint, and leaves plaintiff to> her proofs in those regards. FIFTH COUNT 1. This defendant repeats its answer to the First through Fourth Counts of the Second Amended Complaint I as though set forth at length herein and makes the satie a part hereof. I 2. This defendant is without knowledge or; infor mation sufficient to form a belief as to the truth of;'the j allegations set forth in paragraph 2 of the Fifth Couftt of the Second Amended Complaint and leaves plaintiff to her i' proofs in that regard.- -5- cc 3. This defendant denies the allegations Set forth in paragraph 3 of the Fifth Count of the Second Amended Complaint. j FIRST SEPARATE DEFENSE j i The Second Amended Complaint fails to state a cause of action upon which relief may be granted. SECOND SEPARATE DEFENSE Plaintiff*s claims are barred by the applicable statute of limitations. THIRD SEPARATE DEFENSE i j Plaintiff* s claims are barred or, at th.e vejry least, the damages to which she is entitled are reduced by virtue of the doctrine of comparative negligence and the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq. FOURTH SEPARATE DEFENSE ji The claims of the plaintiff are barred by tHe doctrine of assumption of the risk. u ; FIFTH SEPARATE DEFENSE The alleged occurrences were caused by third persons over whom this defendant had no control. URL 13110 -6- i i cc SIXTH SEPARATE DEFENSE The present action is barred, or alternatively, any claims which plaintiff may have against this defendant must be reduced by virtue of plaintiff's or plaintiff's decedent's recoveries under the Workers' Compensatiorij Act, SEVENTH SEPARATE DEFENSE Plaintiff's decedent was contributorily negligent in that he voluntarily and unreasonably proceeded to encounter a known danger, and such negligence was the proximate, effi cient and contributing cause of his injuries and damages. EIGHTH SEPARATE DEFENSE Plaintiff's decedent's injuries and damages, if any, were caused by misuse of the product or equipment in volved. NINTH SEPARATE DEFENSE Plaintiff's decedent's injuries and damages;, if any, were caused by his continued use of the product :fter It notice of the defects alleged. i i implied, TENTH SEPARATE DEFENSE ij II This defendant made no warranties, express jtf>r i !: to plaintiff or plaintiff's decedent and owed no legal duty to plaintiff or plaintiff's decedent. WL 13111 -7- cc ELEVENTH SEPARATE DEFENSE This defendant breached no warranties, either expressed or implied. ! j TWELFTH SEPARATE DEFENSE i Plaintiff's claim is barred by the failure to give timely notice of the alleged breaches of warranty. THIRTEENTH SEPARATE DEFENSE While denying any liability to the plaintiff, this defendant states that if it is found to be so liable, it is absolved from Judgment therefore by virtue of the supfersedi ing/intervening actions of others. j FOURTEENTH SEPARATE DEFENSE | Plaintiff has waived the relief requested. FIFTEENTH SEPARATE DEFENSE Plaintiff is estopped from seeking the relief requested. DEMAND FOR SPECIFICATION OF MONEY DAMAGES We hereby demand that you serve upon us within five days from the date of service hereof upon ydu a jvritten specification of the amount of money damages claimed,pur suant to R.4:52. Zi^ntm -8- fc issues. JURY DEMAND This defendant demands a trial by jury as to all TOMPKINS, MCGUIRE & WACpENFELD Attorneys for Defendant-, By: CERTIFICATION We hereby certify that the within pleading was filed and served in accordance with R. 4:6 et seq. i We hereby certify, pursuant to R.4:5-1, that, upon information and belief, this matter is not the subject of any other action pending in any Court or arbitration proceeding and no such action or arbitration proceeding is contemplated. TOMPKINS, McGUIRE &WACHENFELD Dated: S June !! URL 13113 -9-