ML18093A983

Advises of Suit Filed by RW & Hw Bey Against Public Svc Electric & Gas,Et Al,Alleging Excessive Exposure to Radiation of Undetermined Nature Due to Six Incidents Between 1979 & 1986.No Prior Records of Allegations on File

ML18093A983
Person / Time
Site:	Salem
Issue date:	07/19/1988
From:	Boehner E AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC
References
NUDOCS 8808030004
Download: ML18093A983 (7)

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EDWARD H. BOEHNER Vice President - Claims BURT C. PROO M, CPCU July 19' 1988 President and Chief Executive Officer Mr. Jerome Saltzman Assistant Director State and Licensee Relations Off ice of State Programs U.S. Nuclear Regulatory Commission Mail Stop AR5037 Washington, D.C. 200555 Re: Rodleigh w. and Harrietta w. Bey v.

Public Service Electric & Gas, et al.

Abstract #132

Dear Mr. Saltzman:

This is to advise that we have received a suit on the above-captioned matter, copy attached for your file. Rodleigh Bey alleges excessive exposure to radiation of an undetermined nature due to six incidents between 1979 and 1986 that are not more specifically described. We have no prior record of these alleged incidents nor indication of a claim prior to the institution of suit. Therefore, our investigation will commence.

We have referred the defense of Public Service Electric & Gas to the law firm of Budd, Larner, Gross, Picillo, Rosenbaum, Greenberg and Sade. Presently we are endeavoring to determine the status of the action against Rad Services, Inc., and Hydro-Nuclear Services, Inc. If appropriate, the law firm retained will also enter an Appearance on their behalf as well. The defense of this case is without waiver of our right to reserve or disclaim coverage for punitive damages in the event that the liability of the defendant's is independent of one another. Our information is that New Jersey law provides for insurability of punitive damages only where liability is vicarious in nature.

Following your review of the Complaint, should there be any question concerning our actions in response to this suit, please do not hesitate to contact me.

8808030004 880719 ward PDR ADOCK 05000272

,P :f' PDC Vice President, EB/mbt ytl0\11 En c l o s u r e -l \ \

The Exchange. Suite 245 / 270 Farmington Avenue/ Farmington. Connecticut 06032 / <203) 677-7305

• Eng_ Dept. <203) 677-7715 / TLX. No. 643-029

-1 Attorney(s): BROWN & CONNERY OfficeAddress&Tel.No.: 360 Haddon Avenue, Westmont, NJ 08108 (609) 854-8900 Attorneyfs) for Plaintiff(s)

Plaintifj(s) SUJJERiOR COURT I

OF NEW JERSEY RODLEIGH W. BEY and HARRIETTA W. BEY,

. his wife, CAMDEN COUNTY LAW DIVISION Defendant(s) vs. ~* DocketNo. L-03548-88 PUBLIC SERVICE ELECTRIC & GAS COMPANY, RAD CIVIL ACTION SERVICES, INC., HYDRO-NUCLEAR SERVICES, INC., .

and "JOHN DOE COMPANIES", fictitious names for defendants whose identity is not presently ~ummnn.s known.

ID4r &tatr of Ntw Jrrsrg, ta tlft .About Namr~ ilrfrnbant(s): PUBLIC SERVICE ELECTRIC &

GAS COMPANY

. YOU ARE HEREBY SUMMONED in a Civil Action in the Su:perior Court of New Jersey, instituted by the above named plaintiff(s), and required to serve upon the attorney(s) for the plaintijftsJ, whose name and office address appears above, an answer to the annexed complaint within 3 5  !<X 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 fil.e your answer and -p7:00f of service thereof in duplicate with the Clerk of the Superior Court, CN-971, Trenton, New Jersey 086!25, in accordance with the rul.es of civil practice and procedure.

If you cannot afford to pay an attorney, call a Legal Services Office. An individual not eligibl.e for free l.egal assistance may obtain a referral to an attorney by calling a county la*wyer 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 LaW'!Jer Referral Service toll-free 800-852-0127 (within New Jersey) or 201-249-5000 fjrom. out of state). The phone numbers for the county in which this action is pending are: Lawyer Referral Seri:ice, (609) 964-4520 ,LegalServicesOffice (609) 964-8251 .

Dated: May 3,

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Clerk o the Superior Court Name of defendant to be served: Public Service Electric & Gas Company Address for seroice: c/o Robert S. Smith 80 Park Plaza Newark, NJ 07102

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-; Ll:  ; loo 4' a BROWN & CONNERY 360 Haddon Avenue P.O. Box 539 Westmont, NJ 08108 (609) 854-8900 Attorneys for Plaintiffs

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I RODLEIGH W. BEY and SUPERIOR COURT OF NEW JERSEY HARRIETTA W. BEY, his wife, LAW DIVISION - CAMDEN COUNTY DOCKET.NO.

Plaintiffs, Civil Action vs.

PUBLIC SERVICE ELECTRIC & COMPLAINT AND GAS COMPANY, RAD SERVICES, INC., DEMAND FOR TRIAL BY JURY; HYDRO-NUCLEAR SERVICES, INC.,

and "JOHN DOE COMPANIES",

fictitious names for defendants whose identity is not presently known, Defendants.

Plaintifs Rodleigh W. Bey and Harrietta W. Bey, residing at 39 Englewood Avenue, Millville, New Jersey, by way of complaint

' against defendants say that:

FIRST COUNT

1. From time to time between 1979 and 1986, plaintiff i

Rodleigh Bey was employed by various contractors who were hired  !

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and invited by defendant Public Servi~e Electric & Gas Company toj perform work in the Salem Nuclear Generating Facility located in !

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Salem County, New Jersey. i BROW!ll & CONNERY

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2. The aforesaid Salem Nuclear Generating Facility was and, is owned in whole or part by defendant Public Service Electric &

Gas Company.

3. Defendant RAD Services, Inc. is a business organization I that provided radiation control or related services to Public Service Electric & Gas Company at the Salem Nuclear Generating Facility between 1979 and 1986.

4. Defendant Hydro-Nuclear Services, Inc. is a business organization that provided radiation control or related services to Public Service Electric & Gas Company at the Salem Nuclear Generating Facility between 1979 and 1986.

5. Defendants "John Doe Companies" are business organizations whose current identity is unknown which can be described as companies that provided services to Public Service Electric & Gas Company related to the operation, maintenance, repair and/or monitoring of its Salem Nuclear Generating plant between 1979 and 1986.

6. On approximately six occasions between 1979 and 1986 plaintiff Rodleigh W. Bey performed work at the Salem Nuclear I I

Generating Facility and due to the negligent and careless conduct!

of defendants, Rodleigh w. Bey was caused to be exposed to excessive levels of radiation and radioactive dust.

7. Defendants, Public Service Ele~tric & Gas Company, RAD Services, Inc., Hydro-Nuclear Services, Inc. and "John Doe Companies" were negligent, careless and reckless in allowing plaintiff to work in areas in which he was exposed to excessive BROW~ & CO~NERY

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I levels of radiation, in failing to test, inspect and adequately i I

monitor.the levels of radiation in said workplace, in failing to I.

establish adequate procedures to protect workers and defendants were otherwise negligent.

8. The aforesaid actions of defendants were done in willful and wanton disregard of the health and safety of workers like the plaintiff herein.

9. Excessive levels of radiation and radioactive dust are inherently dangerous and ultrahazardous conditions for workers, like plaintiff Rodleigh W. Bey, who was caused to be exposed to and _contaminated by such materials.

10. Defendant Public Service Electric & Gas Company, as owner of the aforesaid nuclear generating plant, is subject to strict liability for injuries and damages caused by the use and maintenance of said plant and the radiation and radioactive materials contained therein.

11. As a result of the aforesaid conduct on the part of Public Service Electric & Gas Company and the remaining I I

def end ants, Rodleigh W. Bey was caused to be exposed to levels of I*

radiation and radioactive materials that resulted in contamination of his body with such materials and which caused the development of a malignancy of the thyroid which required extensive medical care and expense, caused plaintiff pain, suffering and considerable stress, worry and anxiety, increased plaintiff's risk of developing diseases' in the futur~, will require plaintiff to undergo increased medical surveilance in the!

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future to detect this development of such diseases and plaintiff was otherwise damaged. i I

I SECOND COUNT I

1. Plaintiff repeats each and every allegation made in the/

I First Count as though fully set forth herein. *

2. At all relevant times mentioned herein, plaintiff Harrietta W. Bey was the spouse of plaintiff Rodleigh w. Bey.

3. As a result of the aforesaid conduct and fault of defendants and the injuries caused to Rodleigh W. Bey thereby, plaintiff Harrietta w. Bey was deprived of the services, aid, assistance and consortium of her husband.

WHEREFORE, plaintiffs Rodleigh W. Bey and Harrietta W. Bey demand judgment against defendants Public Service Electric & Gas Company, RAD Services, Inc., Hydro-Nuclear Services, Inc. and "John Doe Companies", jointly, severally and in the alternative, for such sums as will reasonably and adequately compensate them in accordance with the laws of the State of New Jersey and for exemplary damages, together with inter~st and the cost~ of bringing this suit.

BROWN & CONNERY Attorneys for Plaintiffs DATED: May 2, 1988 By:7qdk£_ a1~$_

Michaej~ Vassalotti BROWN&: CONNERY

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DEMAND FOR TRIAL BY JURY Plaintiffs demand a trial by jury as to all issues raised this action.

BROWN & CONNERY Attorneys for Plaintiffs By:~~/[/~

MichaejL J. Vassalotti I I

I CERTIFICATION PURSUANT TO R.4:5-1 II This is to certify that the matter in controversy is not the; subject of any other action pending in any court or of a pending I I

arbitration proceeding, nor is any other action or arbitration I proceeding contemplated. Further, at this time, there are no I I

known other parties who should be joined in this action.

I BROWN & CONNERY Attorneys for Plaintiffs DATED: May 2, 1988 By:Czq~/t~

Michaej. J. Vassalotti BROWS&. COSNERY

\hoimont, ~.J. 011103