Document x5ZznGgorX6dXdajavrB45RDQ

SERVICE Of PROCESS TRANSMITTAL FORM ..................................) TO, Mr. E, J, Putzell, Jr, o/o Monsanto Chemical Company 800 N. Lindbergh .............. ~St. LouIb 66. Missouri ST. LOUIS MISSOURI ICily) (Stale) FEBRUARY 27. 1064 (Dale) X ) VIA CERTIFIED MAIL ) VIA CERTIFIED AIR MAIL ) VIA MESSENGER RE: PROCESS SERVED IN THE STATE OF MISSOURI FOR MONSANTO CHEMICAL COMPANY (Nut* of Company) Delaware [Homa SntaJ Enclosed are copies of legal process served upon the statutory agent of the above company as follows: 1. Title of Action, MARY CHAPMAN vs. B. F. DRAKENFELD AND COMPANY and MONSANTO CHEMICAL COMPANY 2. Documents) Served, Summons and Petition 3. Court, Circuit Court, Div.l, St/. Louis, Missouri, No. 62119 E 4. Nature of Adion, plaint iff prays Judgment against defendants and each of them i; the sum of $17,500.00 and costs for alleged injuries caused by using 24-018 enamel in 487 oil as supplied by defendants while employed with International Bent Glass Company, Inc., at St, Louis, Missouri, 5. On Whom Process was Served: T CORpORAT1HH SYSTEM, St. LOUiS, Missouri 6. Date and Hour of Service, February 27, 1964 at 11:00 a.m. 7. Appearance or Answer Due, 30 days after service, exclusive of day of service 6. Plaintiff's Attomey(s)<jullfoil, Caruthers, Symhgton, Montrey & Daniel 434 Paul Brown Building St. Louis, Missouri 9. Remarks, KINDLY ACKNOWLEDGE RECEIPT BY SIGN CARBON COPY OF THIS TRANSMITTAL Fl THE ENCLOSED 0299805 Address. 3l4 North Broaq,,^ ; , St. Louis. Missouri wavo-Y V** sow HARTOLDMON0095204 STATE OF MISSOURI ) s aa CITY OF ST. LOUIS ) Iff THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI MARY GHAFHAH, ) . Plaintiff, -vs- 3.F. DRAKENFELD AND COMPANY, a corporation,' 45 Park Place, Hew York 7, Hew York Server Secretary of State, Jefferson City, Missouri, -and- ' MONSANTO CHEMICAL COMPANY, a corporation, ' Serves C.T. Corporation Service, 314 North Broadway Saint Louis 2, Missouri, . Defendants* ) ) ) ) ) ) ) ) } ) ) ) ) ) ) ) ) / ) } Cauae Ho. Division No. One PETITION COUNT I Plaintiff, for hie cause of action in Count 1 of this petition, statesi 1, Defendant, B* F, Drakenfald and Company* (hereinaf ter called 'Drakenfeld") Is and it all timet karsinafti): Tr,en- tioned m;ry r-..c :.cn c:-..poration duly or^anifced and exj.StthS .2 Defendanti Monsanto Chemiaal Companyi (haralnaftar called "Monsanto") is and at all tinea hereinafter mentioned. HARTOLDMON0095205 was a corporation organized and existing under the laws of the State of Delaware, having a registered agent and office in the City of St. Louis, State of Missouri, and having its principal place of business in the State of Missouri, 3. Defendant Drakenfeld la engaged in the business of manufacturing, preparing and distributing into the channels of trade paints and enamels, and among the various products so distributed by said defendant is an enamel known as 24-018 enamel in 487 oil, 4. Defendant Monsanto is engaged in the business of manufacturing and preparing chemicals, chemical products, oils and thinners and distributing said products into the channels of trade, and among the various products so manufactured and distributed by said defendant is the product known as Aroclor 4465. '. 5. Defendant Drakenfeld prepares the aforesaid product 24-018 enamel in 4B7 oil by combining various other materials with Monsanto's product AroclOC 4465* 6. At all timas hereinafter mentionedt both defendants herein did know STlfi intend that said products Mould Sd fey the consumirr 6 be handled, -5cs.lt with, toner, sc vou*d oe inhaled by the public* and both <+*- fendants placed said products in the channels of trade with such knowledge and intention. 7. During the years 1956,1957,1958, 1959,1960 and 1961, and until the month of May, 1962, defendant Drakenfeld contin uously supplied 24-018 enamel in 487 oil containing defendant Monsanto's Ardor 4465 to the International Bent Glass Company, -2 - 0299607 Inc., in St. Louis, Missouri, and said product was used daily by said latter company in the process o making its products. At all times during which 24*018 enamel in 437 oil was so used in the manufacturing processes of International Sent Glass Com pany, Inc., both defendants herein did impliedly warrant and represent that the products 24*018 enamel in 467 oil end Aroclor 4465 were fit and safe for such use by the public, but both defendants and each defendant knew that auch products contained chlorinated biphenyls and chlorinated triphenyls, with a high amount of chlorination; said defendants, and each of them, knew that said products would from time to time be heated or baked in ovens, and that use by the public of said products waB likely to cause liver demage, skin eruptions, rashed acne, cysts and dermatitis of various kinds. 8, Plaintiff, beginning in the year jggg and continu ing until the month of May, 1962, made use of 24-013 enamel in 487 oil, as supplied by defendants in his employment with International Bent Glass Company, Inc., at St. Louis, Missouri, and, in connection therewith, handled said product, touched same, and inhaled the fumes thereof, all in reliance on the skill and judgment and aforesaid warranty of both defendants, being wholly unaware of the toxic and dangerous qualities of such products. 9. During tha year ^956 . aftaf a parioi p use of said p-v - ^`.^intiff bogan to suffer eruptions of ^6 about plaintiff's- necx , shoulders, cn^^t, back, buttocks, faesi ears and eyelidsr Said areas became cov ered with comedones, cysts, acne, infectious lesions, papules -3- I and a condition known as chloracne; plaintiff's eyelids and periorbital skin became erythematous, edematous and Bcaly; plaintiff's liver became injured,, damaged and diseased. Plain tiff continued to suffer these aforesaid conditions through the period of time during which he used 24-018 enamel in 4B7 oil, still suffers the residual effects of the same, and will suffer said residual effects permanently. 10, At various times throughout the period of time heretofore mentioned, diligent attempts were made by plaintiff, his employer. International bent Glass Company, Inc., its re presentatives, and other employees similarly injured, and their representatives, to determine, discover and ascertain the nature, extent and cause of his disease and injury through the use of various skilled, medical experts and specialists, but said medical experts and specialists were unable to determine, discover or ascertain the same. During the month of Hay, 1962, The Occupational Health Research and Training Facility , Divi sion of Occupational Health, Public Health Service, United States Department of Health, Education and Welfare, as a result of an investigation conducted by ita representatives in March, 1962, determined, discovered and ascertained for the first time that the direct and proximate causa of plaintiff's tion, r-f/ftrofore alleged, was thp use of defendant Drakan- ii-iia enainei ift 4^7 Oil, Sohtaihiftg defendant Monsan to's Aroelor 4466, and communicated its finding to plaintiff in the month of May, 1962, thus constituting plaintiff's first knowledge of the direct and proximate cause of his condition, as heretofore alleged. 0294BO9 HARTOLDMON0095208 2.2,m As ft result of the aforesaid actions of defen dant Drakenfeld, said defendant has engaged in a continuous course of tortious conduct commencing in iggg and not termina ting until Way, 1962, and thus defendant hrekenfeld has com mitted a tort in whole or in part against the parson of the plaintiff in the City of St, Louie, State of Missouri, after the effective date of V.A.;v.S. 1949, Section 351.630, to-wit, October 13, 1961, and has thereby agreed that the Secretary of State of Missouri shall be its agent for the service of process, all as is provided in said V.A.M.S, 1949, Section 351.630. 12. Plaintiff has become obligated for large seme, of money for medical attention for the aforesaid conditions and will become obligated for additional such sums in the future in an amount not now ascertainable. WHEREFORE, the premises considered, plaintiff prays judgment against the defendants and each of them, on this Count I of the petition foiSeventeen Thousand Flvo Hundred Dollars {$17,500.00} and for her costs COUbTP II Plaintiff for his cause of action in Count II of the petition, states: ' 1. Plaintiff restates and realleges each and every allegation in Paragraphs 1, 2, 3, 4, 5 and 6 of Count I of this petition. . 2. During the yearB56, 1957,1553,1559,1960 end 1961, .and until the month of May, 1962, defendant Drakenfeld contin- -5- 0299410 uously supplied 24-018 enamel in 4$7 oil containing defendant Monsanto's Arcelor 4465 to the International Bent Glass Com pany, Inc., in St. Louis, Missouri, and said product was used daily by said latter company in the process of making its pro ducts. 3. Both defendants and each of them knew, or in the exercise of ordinary care should have known that said products, containing highly clorinated biphenyls, and triphenyls, are, and for many years have been, known to be of a toxic and dan gerous nature in that they were reasonably likely to cause abnormal reactions, skin eruptions, rashes, liver damage, der matitis and diseases, and defendants and each of them were under a duty to give an adequate warning of such dangers and risks to the public who used such products, but both defendants and each of them negligently breached said duty by failing and omitting to give an adequate warning of such dangers and risks. 4. Plaintiff restates and realleges each and every allegation of Paragraphs 6, 9 and 10 of Count 1 of this Peti tion, 5. Plaintiff was injured in the particulars alleged hereinabove in Count I, Paragraph 9, and &| h@9in realleged in Paragraph a ^ this- -ount, as a direct and proximate Of . as n<sretOirore alleged. 6. Plaintiff restates and realleges each and every allegation of Paragraphs 11 and 12, Count I of this petition. WHEREFORE, the premises considered, plaintiff prays judgment on this Count II of this petition against the defen- -6- 4299611 danta, and each'of them, in the sum of Seventeen Thousand Five Hundred Dollars {$17,500*00) and for her costs* GUILFOIL, CAHUTHERS, SYMINGTON MONTREY & DANIEL 4^ J. Paul Allred, Jr. 434 Paul Brown Building Saint Louis 1, Missouri CHestnut 1-6050 ATTORNEYS FOR PLAINTIFF '7- 024<)tl.z HARTOLDMON0095211 o. .t D^posfr .5.00 5/LlJSJQ Ig.OQ CCOTAJJ <? / G> HARTOLDMON0095212 Fun i) Circuit Court for the Qty of St. Louis State of Miseouri 1`tiry Chapman Plaintiff....... w, B.7, Drfsitenfolft and Comapnyp c, corpor tion et al DSv*................... Defendant. The State of Missouri te Defends..... SUMMONS You are hereby summoned to appear before the above-named court and to die your pleading to the petition, copy of which is attached hereto, and to serve a copy of your pleading upon....................................... J:??:* iS?;. .... ........ r a for ..., who* addTM. b........ ........................................................................................................................................................ all within 30 days after service of this summons upon you, exclusive of the day of service. II you fail to do so, Judgment by default will be taken against you for the relief demanded In the petition. Dated ......................................... a......& {Seal of Circuit Court) JPHELIM O'TOOLE.... Circuit Clerk. a, LiiAriMtiMJC-............... Deputy Clerk. Q299B1* 1 HARTOLDMON0095213 RETURN ON SERVICE OF SUMMONS I hereby certify that I have eerved the within summons; (1) By delivering on the...................................... day of,,..,,......................................................... ,,............ . 19, a copy of the summons and a copy of the petition to each of the wlthln-named defendants........................ (2) By leaving on the............................................diy of................................... ,,............................................ , 19. for each of the within-named defendants.............................................................................................................. a copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode of said defendants with soma person of hla or her family oyer the ago of 15 years; . ..................................... ............................................................................................................. . All done 1&..................................................... *............. .......CeUhty, Missouri Sheriff* few: .............. Summons...... $ Non est.......... Mileage.......... I_ Total............. / Sheriff of........................................................................... County, Missouri, By.... OIBBCflONB TO SHERIFF Deputy Sheriff. 0299815 HARTOLDMON0095214