Document zodd3mYZjGMkO39De8mp0RJoz

SERVICE OF PROCESS TRANSMITTAL FORM The Ci>ff orqijoTi Tftfrf^Comp.eity C T Carporatlen Sfye*e aid ^anpialat St, Louis, Missouri (Cirri ISi.!*) June 17, 1967____________ TO: I!r. ji. J. Putzell, Jr, (xxx) VIA CERTIFIED MAIL ( ) VIA CERTIFIED AIR MAIL ( ) VIA MESSENGER RE: PROCESS SERVED IN THE STATE OF MISSOURI FOR. MCflJSAiraO CHEMICAL COMPANY (Ntt d Company) DELAWARE (Hem* Ss*la| Enclosed are copiei of legal process served upon the statulory agent of the above company as follow*; 1. Title of Action: vergel A, Maness vs, B. F. Dralcenfeld and Company and Monsanto Chemical Company 2. Decumeni(s) Served. Summons and Petition 3. Courts Circuit Court, City of* St. Louis, Missouri No. ,5^079 E, Division 1 4. Nature of Action.Damages for alleged personal Injuries - two Counts amount each Count $45,000,00 5. On Whom Process wa* Served; q ^ Corporation System, St, Louis, Missouri 6. Pate and Hour of Services 7. Appearance or Answer Due; 8. Plaintiffs Attorney(*Ji 9. Remarks: June 17, iggg at 11:00 a.m, Within 30 days after service Gullfoil, Garuthers, Symington & Montrey 430 Paul Brown Building St, Louis 1, Missouri FFBrjm KINDLY ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING TO US THE ENCLOSED CARSON COPY OF THIS TRANSMITTAL FORM. Signed C T CQ3PQRATION SYSTEM Aaidress.^l^ North Rraarlway_5t,Louie t r-HsannyH ST.YK3 OF *lIS50iJRI ) ) CS ClTY CF T* LOUIS ) IH TEE CIRCUIT COURT OP THE CITY OF. ST. LOUIS, STATE OF MISSOURI VERCEL A* MJtfflESS, Plaintiff, va, P* F* ERAKEHFiJLL COMITY, a corporation, AS Park PHca, New York 7, N.Y., Serves Secretary of State, Jefferson Citv, Missouri, " and KQUSAIJSO CEEMJCfiL COMPAQ, a corporation, Serve? ct Tk Corporation Service, 314 No. Broadway, St. Louie 2, Missouri, `' . Defendants. ) ) ) ) ) ) J ) ) ) ) ) ) ) ) ) ) ) } } ) 3 j Cause 17o, Division l;o. - ' ? t: g i p i o n com*? l Plaintiff, for cause of action in Count I of this petition. states? ID Defendant . F. Erakenfeld and Company thereinafter called "DrakonfelcL"). is end v/33 a foreign corporation duly organised and existing under law at all tiaee hereinafter rcr.* fcionedj as hereinafter sore particularly alleged, Drakenield has con.:ittcd a tort against the person of plaintiff, in the HARTOLDMON0095267 City of St, Louis, State of Missouri, 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 V.A.M.S., 1949, Section 351,630. (2) Defendant J'Jonsanto Chemical Company (hereinafter called "Monsanto") is and at all tines hereinafter mentioned 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, r.nd having its principal place of business in the State of Missouri. (3) Defendant Drakenfeld is engaged in tho 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 charnel known as 24-013 enamel in 437 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 Aroelor 4405. (5) Defendant Drakonfeld prepares tho aforesaid product 24-013 enamel in 497 oil by combining various other materials with Monsanto's product Aroelor 4-165. (6) Doth defendants heroin did know and intend that anid products would be uesd. by the oon&uiv.ing public and would bo 0416862 HARTOLDMON0095268 handled, desalt with, touched and the funs* thereof would bo inhaled, by the public, and both defendants placed said products in the channels of trade with such. knowledge and intention* {7} Eoth defendants heroin did impliedly warrant and represent that the products 24-018 enamel in 4Q7 oil and Aroclor 4455 v/cre fit and safe for such use by the public; but both de fendants end eacli defendant know that such products contained chlorinated biphenyls and chlorinated triphanyls, with a high' amount of chlorinefcion? said defendants, r.r.d each of then, knew that said products would irem ti;.:e to time be heated or baked in ovens, and that use by ihc public ci raid products waa likely to cause liver damage, eruptisns, rashes, acr.e, cysts and dermatitis of various hinds. (G) Plaintiff, beyinni-.'y in the year 1938 began to r,iako lisa of said products in his crplcyuent with International Sent Glass Company, Sue. at St, Louis, Lirrcuri, handling rush products, touching the o-tiit, and inhaling the aur.es thereof, all in reliance on the thill and judgment and aicrecaid warranty of both defendants, being wholly unaware of the tonic and dangerous qualities of such products, (9) After a period o- such use of such products, the Ea::.c, contrary to and in breach of the warranty of both defendants, directly and prosfirr.Atciy caused plaintiff to become ill and diseased, in that plaintiff ruiferaa eruptions of plaintiff's skin over and about plaintiffJ s r.c c.u chouldous, cheat, tuck, buttocks, _aea, '^ars and eyelids. zzLa areas hrve become coverci with cctr.adcnos, cysts, acne, infectious legions, papules srui a condition JdCs.Ti an chloxacnoj oiaintifl1 > eyelids and periorbital okin became eryihesuatcuo, edematous &;i scaly? plaintiff's liver was injured# damaged and diseased; these conditions nr painful, irritating and eiribarraasir.gj all of said conditions are parr.arictvt, tlQ) Plaintiff lias iacoaui obligated fox large suios of money for rac-dical attention for the aforesaid conditions and will be come obligated for additional such sums in the future, in an amount not now ascertainable- VJIirrsEfOST!, the premise's considered, plaintiff prays gudg-mni against the defendants and each of them, on this Count 1 of the petition for Forty-Five "hcuo.'.nd boilers ($45,000*00) , and for plaintiff's costs* Plaintiff, for causa of r.cticr. in Count ;:! of thi, petition, statesi (1) Plaintiff restates and ueullsgcs each and ovary allege-" tion in paragraphs (1), (3), {',) , (5) end (3) of Count 2 of this petition, (2) 32oth defondnnr.r; c.nd each of them knew, or in the e:;o cic& of ordinary oara ri ...If have hr.c;_: that raid products, con taining highly chlorinated biphouyia ana iripher.yls, arc, ar.u for lanny years hnvo hear,, hno-'n to he of a tc::ic and dangerous nature in that they were jnably likely to ezus-j ubnor;:,.;.! reactions, shin eruptions, re.chec, liver dax.cge, lor:.:-. Litis r.a.w. diseases, and da fondants cud each of the::, were under a duty is 0 HARTOLDMON0095270 give an adequate ua.2n.inc1 of such daVigor s and risks to the public who used such products, but both defendants and each of then negligently breached said duty by failing and emitting to give an adequate warning of such dangers and risks* (3) Plaintiff began to make use of such products in 195S in his employment at St* Louis, Missouri, with International Bent Glass Company, and as a direct and proximate result of the defendants1 negligence, plaintiff was injured in thoeeparticulars alleyad hereinabove in Count I paragraph (9)* (4) Plaintiff restates and realleges each and every alle gation in Count I, paragraph {10),, W!I2hE?orJ2, the pro-.-inan considered, plaintiff prays judg ment on this Count II of this petition against the defendants, and each of them# in the su:u of P'orty-Pivo ihcu&and dollars ($45,030.00) and for his costs* , CilRU'JL^SIsS CYMIRCTOLI AU3 IIOLJIIIY By It. Louie 1, Missouri GArfield 1-3777 AHKKKSYS FOR PL&USiTXFF HARTOLDMON0095271 Form Nd. 7i Circuit Court for the City of St. Louis StcSa of Missouri A. ftanesa Plaintiff.. vs. B. F. Dralcenfeld end Co,, et al N0.5.59.79.J..... Dlv............... 1.,, Defendant.... SL7\310NS Horvsantc Chemical Corapany, a Corporation The State of Missouri to Defendant... You are hereby summoned to appear before the above-named court and to file your pleading to the petition, copy of which is attached hereto, and to serve a copy of your pleading upon................... .................. .................................................. aitemi S (or pkintifl... , Whose address is........................................*30 'Paul' ttraur Bid's............................................................. ell within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition. Dated.................J:-u-e.12........................, 19....... y (Sea) ol Circuit Court) PHELIM O'TOOLE Circuit Clerk. jy \'2\ Deputy Clerk. HARTOLDMONOQ95272 RETURN ON SERVICE OF SUMMONS [ hereby certify that I have served the within summons: (l) By delivering on the....................................day of........................................................... ................ , 10 a copy of the summons and a copy of the petition to each of the within-named defendants....................... {2) By leaving on the......................................... day 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 Dr usual place of abode cl said defendants with some person of his or her family over the age of 15 years; (3) By............................................................................. ........ ................................................................................. All done 1b........................................................................County, Missouri. Sheriffs fees: . Summons..... $ Nonest........ $ Sheriff of County, Missouri, Mileage.........$_ Total............ $ By... Deputy Sheriff. DIRECTIONS TO SHERIFF A copy of the summons an'd' a copy of the petition mmuusstth__e__s_er_v_e_d__o_n__e__a_c_h_d_e fendant. For methods of service in all'l cla-s--s--e-s--- ' --suit-s---s-e--e""See. 27 Civil C"od1 e. 04] 68IS7 HARTOLDMON0095273