Document zQ1er2ZLKDLV7DyObpBxL10Xm

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1961 DOC#: EADS004 DOCUMENT DESCRIPTION: Documents from the Case of Fred Wenham UNITED STATES DISTRICT COURT ! DCIISVTIDRICNOT.OF NEW JERSEY ii I FF.KD C* WEN3A.M, by | BESSIE m f A * AdninUtratrl* Ad ?r^<3(UHn4iOT# 't Plaintiff, i i * i V. i n omm m a w x x l r products j Ic o r p o r a t i o n , A Carpar*tipo jt. tuo Stata of Delaware., . = , .. ! : ' , Defendant. : COMPLAINT AND hihand for j u r y tri al Plaintiff, reeiding at 10 Eric Road, London, England, by way of oooaplalnt ayei 1. Pllntlff,>RSI> 0. WEIfHAM, w. a re14.Bt n4 oLt If.eri of New Jersey. 2. la a aorporation Defendant, JOHNS MANVILEE PRODUCTS CORPORATION, i * Iba -Stati, ef Delaware. oontFepfjy: exeoeda the ftm' T '"A ' ft3,000,00, exclusive of intereet nd eoeta, i. `Hila Court ha jurlsdieticn under Title 28, jiT .s, Code, 1332. j I . Hintlff, m H ) C. WENBM, had been employed * j ' i j i fon aorj3 time and u n t il February 2ft., 19>9 ae an in e u la tio n natftiale appaio Atol ai4 mehtttlc. .` J . . By reason Of plaintiff* a employaient e afinj^V ' *" 'r \ ^ ' D;,/, Vf t:^ , *,v fr/* jsaid, plaintiff wa required to handle, work with and utllll ( !various and aundry produo ta manufactured by the defendant, euch j products containing aabeatof and other fibera, duat and partila# 7. The iald p fO d p o te O# the defendant were e f d j ji ing cerlous and crippling diseases, including but not limited to 1 p u l m o n a r y t i ; dangerous j aabestoela, fibrosis and pneumoconiosis. t , Defendant knew or should have known of and toxic qualities of Its product and of the the 11MU~ ;ihood of aald carious disease resulting from proloiiged exposure !to and handling of the said products. 9 Defendant was negligent In felling to conduct or properly to eadust research eoacernlag tte entente, make-mp ! nnd toxic effect of Its products, end was further negligent in tj I the Tnarutfacture, make-up, packaging and labeling of auch danger- joua and toxic product and was further negligent in failing to |provide any or adequate warnings or instructions as to the use i j and handling of same. By reason of the defendant1 negligence !i uu aforesaid, plaintiff and others have been exposed to and | contracted the aforesaid serious and crippling diseases, i \ I; 10, By reason of the foregoing, plaintiff contrac- I ted a *ericas and crippling dlseaee effecting his lungs and other < j.parte of his body, and by reason of the same incurred eonsiderable jimedical and hospital expenses, and expended large auras of money jon drugs and medloinea, was subjected to great pain and ouffer- ;!ing, and was compelled to terminate his employment and became | permanently incapacitated for the rest of his life, until ' f '! * H May 31st 1960, on which date plaintiff died as a result of the !i!i j' occupational disease contracted in his employment. li WH13HEF0RE, plaintiff demands !\ *meant against the ij I, defendant In the ouwi of $100,000.00 and coots of suit upon the i. First Count. 1 i i! SKCOTfD COimT 3. Plaintiff as on of th class of person the <2fondant intended to, and knew or should hay known* would u said product was entitled to the benefits of th aforesaid warranty, lw The said products wore not In fact reasonably fit and safe for the uses to which they were to be put In the respects set forth In Paragraphs 7 and 8 above and further In that they contained no* nor adequate warnings or Instructions as to thc.tr use end handling. F. Plaintiff repeats the allegation of Paragraph 10 above. WHEREFORE* plaintiff demands Judgment against the defendant In the sum of 100,800,00* ml costs of suit* upon ths ileocftid Count, THIRD COUNT X, Frod C. Venha* died on Hay 31st* I960, 2. On June >Cth, I960, Bessie Vina* the daughtor of * Fred C. Wenham* was appointed Administratrix Ad Prosequendum, by the Essex County Surrogate1s Court on behalf of Fred C, Wenham* who died Intestate, auth02*ising and empowering hor to prosecute an action for damages by reason >f the wrongful death of FRED C. WENUAF. 3, Plaintiff repeats the allegations of the First and Second Counts and makes the same a part hereof. It. 7*fncUuit, JOHNS MANVILhE PRODUCTS CORPORATION, by It; wi"ori}-.ful act* default or neglect* as set forth In the j i First and bsicond Counts of this complaint, caused the wrongful death of FRED C. WBNHAM. |with 1b two year# of tho data of death Of FFED G, WENIiAM* WTriiT?KFORE, plaintiff demands Judgment againt tho defendant in the aura of 100*000.00, and costa of suit, upon tho Third Count, 11 i i , i |i / a / Franklin ^wersky || I Attorney for Plaintiff i j' Plaintiff hereby demand a trial by Jury of all II ,j183u.ee in the within action, ! 1 Ji/JffiwXteJi ,fottiatex. Franklin Swereky, Eq. Attorney for Plaintiff I MED c. U M im by BESSIE VINA,, Administratrix ad ProAutinduai, Flaineiff, *Vr8'# dOWi: H t m U L E M P D a coa*.- nos, #t>. tiim of, the Beat#,, ot Delaware, Defendant. UNITED 8TAXES DIBTHICT CODEX DISTRICT OF NSW JE&SBY > ) CIVIL Ho. 125*41 NOTICE OF DEMAND FOE ;lCV & m FOa COSTS ) ) TO; FRED C. WOTOAN by BESSIE VINA, FUintlff, and FiANKLJJI SWKRSCY, ESQ. Attorney far J?taintiff 744 Bread Street Newark 2,- Saw Jersey PLEASE TAKE NOTICE that Che defendant: ub*ni... than the plaintiff deposit security for costs pursuant to kul 13 o t the Federal Buies of Civil Freodure of the United Stateb District Court for the District of New Jersey. Dated; jT-.pi.rX1 14, 1961 St ST&YKEE, TAMS & DILL tmrnsTrfSsssin^ By John J. Honigan, Jr. Attorneys for Defendant 744 Broad Street Newark 2, New Jersey ' 'r'-SD DI S T R U T T RESTRICT OP HEW JERSEY CIVIL HQ. 7=153 C. WSHUitt, ty BESSIE YOTA, Adadniatratrl X Ad Pro#*<suerv&taB, Plaintiff, vs. JOH?TS MAF7ILL PRODUCTS C08FCHAYIQH A Corporation of the State of Delaware,- Defendant, COTTFLAIRT A HD DEMAHD FOR JURY TRIAL PRAHELXN SWERSXY, ESQ. Attorney for Plaintiff ?Uk BROAD STREET EEWARK 2, HEW JERSEY Service of a copy of the lthitk notice of demand cor w e i a l ty for coots is &srebj acknowledged this j i f 3 day of April, 1961. m rm > states d istr ict court OISTRICT OF V W JZRSSX FRSD C. WJSSHAM by SSSS1S VISA, Administratrix ad Prosequendum, Plaintiff, -vs- JOHSS MASVILLE PRODUCTS CG3F03ATIQ8, a corpora tion of the State of Delaware, Defendant. seCriievisloSpo.a s1m25-41for s s c u r i t t FOE COSTS ST&YKE&, TAMS & DILL 744 Broad Street S e o r k 2, Sew Jersey Attorneys for Defendant FREO C, u m u m by BE$$IE ) VINA, Admnlatratrl* *d .Frosaquandu, ) Plaintiff, ) JOHNS MANCILLE PRODUCS" ^ ,?PW?ORAXICt,, * orpor*- ,.) tlon of-tha'Stata o t 9ei#Wi*r. ; ti ) Difendane, ) UNITED STATES DI3TRICT COURT DISTRICI OF NEW JERSEY Civil No. 125-61 . ANSWP. Tha John Manvllla Products Corpora- to, a corpotreion of th Stttl o t Di U m , duiy llcanaad to transat business in tha State o t Nev Jersey, havin& an office thareln in th Borough of Ttanville, Counfcy o t Somerset, anaver- ing tha complint filad heren Aya thats n m ja u m M ja m js 9 m 1. l t han no RhOvledge ufficiane to fona a beliaf aa to th alegatlons fparagraph 1, 2. t adaitr paragraph 2* 3. t has no knowledge aufficient to fora a ballaf as to th a llegatlona -*l -^toagraplia 3,4, 5 and 6. 4. Itdanle paragraphs 7 and 8. 5. Xt denla*^paragraph 9. 6 It dan!**|MUfgraph 10l ' :i g fl j t o M J m i s m x 7. tt allagai'tftat any danger to vhlch Fred C. Wanltam %mi oxpaad in th usa of tha produce manufacturad by tha daiandane tana ai opan, obvloutf and apparant to hi aa to degree of care and ceufipp WjMfk ajrepiQiiabiy prudent person would have exercised In bis use of the produets which ths de fendant manufactured* f m m . m ! W i j;Q n m < ? o m 9. It alleges that any claim for persons 1 in resulting from the alleged negligence of the defendant Is barred by the applicable provisions of the'grew Jersey 8tAtute of limitations (N.J.6. 2Ail4-2), am.. 10. Answering paragraph 1, It repeats paragraphs 1, 2, 3 and 4 hereof. 11. Answering paragraph 2, It admits that in the sale of its products it made such implied warranties as it was obliged by law to wake but it alleges that no warranties express or implied, were made to Prod C. Wenham* 12. It denies paragraphs 3 end 4. 13. Answering paragraph 5 it repeats paragraph 6 hereof. am vm M M m m m s m i 14. It alleges that the Second Count falls to state facts upon which a claim for relief can be baaed. fflg. 15. It has no knowledge sufficient to form a belief as to the allegations of paragraphs 1 and 2. 16. Answering paragraph 3 it repeats paragraphs 1, 2, 3 <<t o, 6 10, 11 12 and 13 hereof* 17. It denies paragraph 4. .rtrirf*'**!** rVm.k(aw. `-.H* <*>'! <.* f-t'** jfii|#Wr^6<<^S80lSi^SS^tfeWifc mm.mmiM,mm <<mx 19. It repeats paragraph 7 hereof. thikp, 20. It repeats paragraph 8 hereof. STRYKER, TAHS & DILL By John J. Monifcan, Jr. K K i T : M5si&nt ir" Attorneys for Defendant 744 Broad Street Newark 2, New Jareay Service of a copy of the within answer is hereby acknowledged this day of April, 1961. Franklin Sworsky Attorney for Plaintiff UMITSD STATES DISTRICT COURT DISTRICT OS SIS# JERSEY FRED C. VSBiMf by SSSSXB VISA, Administratrix ad Prosequendum, Plaintiff, -vs- JOHHS MASVILLS PRODUCTS CORPOiATIOB, a corpora tion of tha State of Delaware, Defendant. Civil Bo. 125-61 AISVER STRYKER, TA1 & DILL 744 Broad Street Bewark 2, Hor Jersey Attorneys for Defendant UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY FRED C. WENHAM by BESSIE ) VINA, Administratrix ad Prosequendum, ) Plaintiff, ) -vs- ) JOHNS MANVILLE PRODUCTS ) CORPORATION, a corporation of the State of Delaware, ) Civil No. 125-61 INTERROGAIORIES Defendant. ) TO: BESSIE VINA, Plaintiff, and FRANKLIN SWERSKY, ESQ. 744 Broad Street Newark 2, New Jersey PLEASE 'TAKE NOTICE that the defendant requires that within the time required by the Federal Rules of Civil Pro cedure you answer the following interrogatories under oath: 1. State specifically each of the products manu factured by the defendant which plaintiff claims have toxic or dangerous qualities. 2. State specifically the names of all the sub stances or properties in the products referred to in No. 1 which the plaintiff claims are dangerous and toxic, listing the toxic, or dangerous substances or properties found in each product. 3. State in what manner each of the materials, substances and properties referred to in Nos, 1 and 2 are claimed to be toxic and dangerous. /. in ht manner the plaintiff alleges that 5. Specify what warnings and instrxtctions it is claimed this defendant should have issued with respect to the use and handling of its products. 6. State specifically in what manner or by reason of what facts the plaintiff claims this defendant knew or should have known of the alleged toxic and dangerous qualities of its products and state further to which pro ducts this knowledge applied. 7. If it is claimed that this defendant was negligent in the packaging of its products state in detail all facts upon which said claim is based. 8. State the names and addresses of all persons alleged by the plaintiff to have contracted the serious and crippling diseases referred to in the complaint and specify which disease or diseases each one contracted. 9. State with particularity what parts of the deceased's body are alleged to have been affected by the diseases referred to in the complaint. 10. State in detail all facts upon which the plaintiff claims the defendant was negligent in the manufacture of the products referred to in the complaint. 11. State in detail all facts upon which the plaintiff bases her claim that this defendant was negligent in the make up of the products referred to in the complaint. 12. State in detail all facts upon which plaintiff bases her claim that the defendant was negligent in labeling sanatoriums * or rest homes to which the decedent was admitted as a result of alleged exposure to the products referred to in the complaint, and give the dates of admission to and dis charge from each. 15. State the full name and date of birth of the decendent Fred C. Wenham and his full address on the date of his death. 16. State the name and address of every employer of the decedent who used any product manufactured by the defendant and state the name of the product used by each 17. State the date upon which the decedent began to work for each such employer as contemplated in No. 16 and state the last date he performed work for each, 18. State chronalogically all positions held by the decedent as an employee of each of the employers listed in the answer to interrogatory #17 during the time set forth in No. 17, give the dates during which he was employed in each capacity, and describe in detail each and every duty which he was required to perform in each position or capacity. 19. State specifically to which of the products plieged to be toxic and dangerous the decedent was exposed during his employment with each such employer, indicating particularly which position required contact or exposure to which of the products alleged to be toxic or dangerous. 20. State whether it is claimed that the decedent purchased from the defendant any of the products manufactured by it which it is claimed caused the disabilities referred i f **1 H*' ,,1 nudt, t _u*J-l'.) and place of purchase, and the name, address, and position with the defendant of the person from whom it was purchased, the purpose for which it was purchased and the use to which it was put. 22. State the medical name of the disease or diseases which it is alleged the decedent contracted by reason of-his handling, working with and utilization of the products manu factured by the defendant. 23. State the date upon which the diagnosis of such disease or diseases was first made and give the full name and address of the physician or physicians by whom such diagnosis was made. 24. Give the names and addresses of all physicians who have rendered treatment to the plaintiff for the dis abilities referred to in the complaint and state the dates on which each physician so treated the deceased. 25. State the names and addresses of all physicians who have examined the deceased or been consulted by him in connection with the disabilities alleged in the complaint and state the date upon which each examination or consultation took place. 26. If the deceased ever suffered prior injury, disease, or disability affecting any part of his body which the plain tiff now claims to have been affected by the products of the defendant, state: (a) the date such injury, disease or disability was suffered >#<**4** * ^V^iiKSf1 UJ<<Mki**i ,,tn (d) the names and addresses of all persons to whom and organizations to which any claim was made by reason of such injury (e) a detailed statement of the nature of the claim. 27. State the name and address of each person now known to the plaintiff who has knowledge of any facts pertaining to the claims for relief asserted in the complaint. 28. State the name and address of any expert (and state the field in which he is specifically qualified) now known to the plaintiff who is familiar with any of the allegations con tained in the complaint. 29. Itemize the sums which it is alleged in paragraph 9 of the First Count of the Complaint that the deceased has paid or was obligated to pay for medicines and drugs, and medical and hospital care and treatment, setting forth the name and address of each person or entity to whom an obliga tion was incurred and the items for which each was so incurred. 30. State which of the obligations listed in the fore going interrogatory have been paid. 31. State the date on which the plaintiff claims the deceased became permanently disabled. 32. State the date upon which the plaintiff alleges the deceased was compelled to terminate the employment re ferred to in paragraph 10 of the First Count. 33. State the date, place and time of the deceased's vi#, tv,`*'^||i-' , death, the dates he worked for each employer, and the wages | I or salary received from each. j, 35. State whether the deceased ever worked as steam l fitter, or pipe coverer. If so, state: ; (a) the period during which he so worked ; i (b) the name and address of his employer. ; t 36. Specify precisely in what aspects and pursuant to j what duties of his employment the decedent was required to work with, handle and utilize the products alleged in the i complaint to be toxic and dangerous. ? 37. State whether the decedent received anyWorkman's ; Compensation benefits for the disability alleged in paragraph J 10 of the First Count of the Complaint. If so, state: i (a) the period, giving dates, during which the decedent received any compensation (b) the nature and extent of permanent {disability which he received, specifying the percentage loss of each portion of his body for which such benefits were paid, and the total amount of such benefits actually received. 38. State in what manner plaintiff alleges that defendant warranted its products to be reasonably fit and safe for the uses to which they were to be put. 39. Specify what class or classes of persons it is alleged in paragraph 3 of the Second Count that: this defendant intended to be the beneficiaries of the warranty alleged in the Complaint. i, *t*,Ji&ft * i i i S * l i b i i * i t ^\j n,-U-*1 ,$$&X%i'4 * **> * ' ^^^f*** K&Mstmm*mxm, 41. Specify in detail: (a) in what manner the plaintiff contends the defendant18 products were unfit and unsafe for the uses to which they were to be put (b) what products the plaintiff alleges were unfit and unsafe (c) what uses the plaintiff contends the products referred to in (b) were to be put. 42. Specify in detail what manner the plaintiff con tends this defendant caused the death of Fred G. Wenham, 43. State the date and place of the decedent's marriage to Annie Florence Wenham. 44. State whether an autopsy was performed upon the body oi the deceased, Fred C. Wenham. 45. If the answer to No. 44 is "Yes" , state: (a) the time and place where the same was performed (b) the name and address of the physician per- iorming the said autopsy * (c) the names and addresses of all persons who assisted at the same (d) whether any report of the autopsy has been made. 46. If the answer to No. 45 (d) is affirmative, state the name and address of the present custodian of such report -J ,, '-Amr ,-,f chf r Ame hereto. Fred C. faenham, and state the name and address of the present custodian of the original report. 48. If the deceased Fred C. Wenham left surviving him any next of kin, state the name and address of each next of kin. 49. With respect to each person named in interrogatory No. 48, state: (a) his or her relationship to the decedent (b) his or her age on the date of the decedent's death (c) his or her address on the date of decedent's death (d) the names and addresses of each of his or her employers for the ten years immediately prior to the date of Fred C. Wenham*s death, and the salary or wages received by each such person from each employer specified (e) all sources of his or her income other than those specified in answer to interrogatory No. 49 (d) herein for five years immediately preceding the date of the decedent's death and the amount received each year from each source so specified (f) the marital status of each, giving the date of marriage. CA in detail and exactness how it is claimed (b) suffered pecuniary loss from and by reason of the death of Fred C. Wenham. 51. State the decedent's: (a) gross income, and (b) take home pay for each year commencing with January 1, 1955, until the date of his death. 52. State all sources of income which the decedent received within the five years immediately preceding his death other than those referred to in No. 51, and state the amount received each year by the decedent from each source so specified. 53. Itemize with exactness the amount of any salary mentioned in answer to No. 51 and the amount of any other income mentioned in answer to No. 52, which the decedent paid over to any person mentioned in answer to No. 49, stating the name of the person to whom paid and the purpose of each payment. 54. Furnish an itemization of the amount spent by the decedent's household during the year 1960 for the major items of expense including the following: (a) Income Taxes (b) Real Estate Taxes (c) Social Security and Unemployment Taxes (d) Mortgage Interest (e) Mortgage Amortization (f) Home maintenance and repair, including Service of a copy of the within Interrogatories is hereby acknowledged this \fl~ day of September, 1961. Iranklin Swersky Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT DF NEW JERSEY FRED C. VENHAM by BESSIE VINA, Administratrix ad Prosequendum, Plaintiff, -vs- JOHNS MANVILIE PRODUCTS CORPORA TION, a corporation of the State of Delaware, Defendant. Civil No. 125-61 INTERROGATORIES STRYKER, TAMS & Dili Attorneys for Defendant 744 Broad Street Newark 2, New Jersey .in'!rn:JD .'"T-.':. 3 ST.'U T COURT DISTRICT 0? K m JERSEY civ.u ro. i 2f>"6i %r at < ^ FRED C. WE::HAM by BESSIE VIWA, Administratrix ad Prosequendum, Plaintiff, vs, JOHNS- HAiiVILL PR ODDCTS CORPORATION, a corporation of the State of Delaware, tlAR ! 'iOi A aVS'.IQ /f U. fd'CrAEL KELLER, JX. c;i>. Civil Action STIPULATION OP DISMISSAL .Defendant, M`I ii It Is hereby stipulated and arreed by and between the attorneys for the resnect.ive parties hereto that the above matti with prejudice but be dismlsr.ed/ without costs to cither pat ty. Fi'ankTlri Swers'.iv, , Attorney for Plaintiff STRYKKR, '*`*i c*: D;nti*"mT, mlpo,.o^, 1 Attorneys for Defendant ny: / ___________________ _ _ _______ `1 j i Tohn ^.~~Tor;UT,an dr., -3q, ! UI)J * 5 : ` FRED 0. WENHAM, by BESSIE VINA, Administratrix Ad Proseouendum, Plaintiff, v: JOHNS KANVILLE PRODUCTS CORPORATION, A Corporation of the State of Delaware, Defendant. / /u ,s UNITED ST.V'r.S DJSTRjCT COURT DISTRICT OF NEW JERSEY,, a - js. CIVIL NO. ? i.*, J F C B 2319S1 /? ;..V'HA:L KLlLfR. . cm coi^rLAiirr a iro DEMAND FOR JURY TRIAL Plaintiff, residing at 10 Eric Read, London, Enf,l:v bv way of complaint say3: FIRST CPU-IT 1, Plaintiff, FnF.D C, DENHAM, war. a resi ciilcer. nf New Jersey, ,?. Daisy, lunt, JOEYS '' :VI CHE r*OJ)i Cf. COt, Orb.''T< `r a coreora fion of tbo Spate of ibalaware. 3. The amount in controversy exceeds the sum of '3,000. CO, exclusive of interest and costs, ). This Court Y'\-` jurisdiction 'nder ^itli P, U.S. Code, 133?, F. Plaintiff, FRED C. V.'ZNNAM, ha.a been emrlcc for s o r t i m e and until .February Efy, 1??, cs an insulation I materials applicator and mechanic, 6. Pv reason of plaintiff 3 employe \vh as afo said, plaintiff was reouired to handle, v.'ork with and util i? various and suniry nroducts mar.ufacturod by uc "cnai'n i , . products contalninn; asbestos and other fibers, d u ct, and par of the defendant '..'ore 0 ; ' %! | ing serious and crippling diseases, including but not limited to pulmonary asbestosis, fibrosis and pneumoconiosis. 8. Defendant knew or should have known of the dangerous and toxic dualities of its products land of the likeli hood of said serious diseases resulting from prolonged exposure to and handling of the said products. 9. Defendant was negligent in failing to conduct or properly to conduct, research concerning the contents, make-up and toxic effect of its products, and was further negligent in the manufacture, nake-up, packaging and labeling of such danger ous and toxic products and was further negligent in fail; to provide any or adequate warnings or instructions as to the use and handling of same. By reason of the defendant's negligence as aforesaid, plaintiff and others 'nave veer, exoosed to and havr contracted the aforesaid serious ana crinplinn diseases. 10. By reason of the foregoing, plain!i ted a serious and crippling disease effecting his lungs and othr carts of his bod:/, and by reason of the name incurred consiacrat medical and hospital expenses, and expended lurr'c sums of money on drugs and medicines, was subjected to great pain and suffer ing, and was compelled to terminate his employment- and became permanently incanacitated for the rest of his life, until f.av 31st, I960, on which date plaintiff died as a result of trio occupational diseas, contracted in his employment. tf V/HEBBFORS, plaintiff demands judgment against the defendant in the sum of -100,000.00 and costs of suit upon the Tirst Court. JECOhU OOTu.T I Mk ^ Plaintiff as one cf the class of persons whom the defendant intended to, and. knew or should have known, would use said products was entitled to the benefits of the aforesaid warranty. If.. The said products v/ers not in fact reasonably fit and safe for the uses to which they were to be put in the respects set forth in Paragraphs 7 Qnd 8 above and further in that they contained no, nor adequate warnings or instructions as * to their use and handling, 5. Plaintiff repeats the allegations of Paragraph 10 above. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $100,000.00, and costs of suit, upon the Second Count. 'HIRE COWilT 1. Fyed C, V/cnham died on May ?lst, 1060. 2. On Juno 30th, I960, Bessie Vir.a, the daughter c "'red C. V.enharri, was appointed Administratrix Ad frose quo ndum, b; the Essex County Surrogate's Court on behalf of Fred C, Wenhain, who died intestate, authorizing and empowering her to prosecute an action for damages by reason of the wrongful death of FEED C. WSNHA!*. 3. Plaintiff repeats the allegations and Second Counts and makes the same a part hereof. 1l. Defendant, JOHNS MANVILLE PRODUCTS bv its wrongful act, default or neglect, an set forth in the ^irst and Second Counts of this complaint, caused the wrongful death of FRED C. WENHAM, n n ip r n v i t p i t i j a r f. i ~ t . -t f .. a u .r ~ within two years of the date of death of FI\"B C. WE'IKAM ViPERSFQRE, plaintiff demands judgment arainst the defendant in the sum of*^100,000.00, and co3ts of suit, upon the Third Count. / frank!in owersky, fsq. Attorney for Plaintiff ' Plaintiff hereby demnds a trial by jury of all issues in the within action. __y__ _______ -_* 'Frahkiir. bwersky,~T.'sq. Attorney for Plaintiff UNITED STATES DISTRICT COURT FRED C. WENHAM b y BESSIE ) VINA, Administratrix ad DISTRICT OF NEW JERSEY * i Prosequendum, ) Plaintiff, ) -vs- ) JOHNS MANVILLE PRODUCTS CORPORATION, a corpora- ) tion of the State of Delav?are, ) Defendant. ) Civil No. 1 2 5 - 6 1 ANSWER. i . ** - .- !'i 1 *v<-- - . . . ,, The defendant, Johns Manville Products Corpora tion, a corporation of the State of Delavare, duly licensed tc transact business in the State of New Jersey, having an offict therein in the Borough of Manville, County of Somerset, answei ing the complaint filed herein says that: FIRST DEFENSE TO FIRST C O U NT 1. It has no knowledge sufficient to form a b l i c as to the allegations of paragraph 1. 2. It admits paragraph 2. 3. It has no knowledge sufficient to form a belie- as to the allegations of paragraphs 3, 4, 5 and 6. 4. It denies paragraphs 7 and 8. 5. It denies paragraph 9. 6. It denies paragraph 3.0. SECOND DEFENSE TO FIRST COUNT 7. It alleges that any danger to which Fred C. Wenham was exposed in the use of the products manufactured by the defendant was as open, obvious and apparent to him as to the defendant, and he assumed any and all risk incident to th< degree of care and caution which a reasonably prudent person would have exercised ift his use of the products which the de fendant manufactured. FOURTH DEFENSE TO FIRST COUNT 9. It alleges that any claim for personal resulting from the alleged negligence of the defendant is barre by the applicable provisions of the New Jersey Statute of Limitations (N.J.S. 2A:14-2). FIRST DEFENSE TO SECOND COUNT 10. Answering paragraph 1, it repeats paragraphs 1, 2, 3 and 4 hereof. 11. Answering paragraph 2, it admits that in the sa] of its products it made such implied warranties as it was obli^ by law to make, but it alleges that no warranties, express or implied, were made to Fred C. Wenham. 12. It denies paragraphs 3 and 4. 13. Ansx-zering paragraph 5, it repeats paragraph 6 hereof. SECOND DEFENSE TO SECOND COUNT 14. It alleges that the Second Count fails to state facts upon which a claim for relief can be based. FIRST DEFENSE TO THIRD COUNT 15. It has no knowledge sufficient to form a belie! as to the allegations of paragraphs 1 and 2. 16. Answering paragraph 3, it repeats paragraphs 1. 2, 3, 4, 5, 6, 10, 11, 12 and 13 hereof. : 17. It denies paragraph 4. 18. It has no knowledge sufficient to form a belie] SECOND DEFENSE TO THIRD COUNT 19. It repeats paragraph 7 hereof, -T--H-I--R--D-- ----D--E--F- --E--N---S--E----T---O----T- H1IR -D--CO UN--T -i ' 20. It rep^afys paragraph 8 hereof. STRYKER, TAMS & DILL (j&b.y Ey John J/ Monigifn, Jr. Attorneys for Defendant 744 Broad Street Newark 2, New Jersey 3^*- /z^r - (< V a io C- W M / fif* S Y H9>n^ / <^<^w<W-l r C ^ 'f- r / L j i 0 ./TM tt-Zf q v p. 4 fl&. P & T ^ D f p B r 1 a^m^o csMfMw i/mr PRK. & ^ r- fti&V- w * -* # * a j k ^ , r & tt '* '*' (W C >t. u' T ^f i J g A I ' U C & V t ' fiKl 'MM '^Kvi# 'tsd I.V.M'N-i(iv'*itfto-Sif* t ' w ,,1, i# .w*.A m m% (h) Food (i) Furniture (j) Clothing for each member of household (k) Medical Expenses (l) Automobile, including maintenance and operation (m) Trave1 (n) Entertainment: (o) Savings (p) Educational expenses (q) Premiums for insurance covering the life or health of each member of the household 55. State the date upon which the symptoms of the con ditions alleged in the complaint to be serious and crippling first manifested themselves upon the deceased. 56. Set forth in detail the nature of tie symptoms referred to In Mo. 55, and state the names and addresses of all physicians consulted by the decedent with reference to Che said symptoms and give the dates of all consultations or examination arising therefrom. STRYKER, TAMS & DILL By. Attorneys for Defendant