ML19224C611

Forwards Suits Against Met Ed,Including Palmer Vs Met Ed, Civil Action 79 763,US District Court,Middle District,Pa

ML19224C611
Person / Time
Site:	Crane
Issue date:	06/26/1979
From:	Carrier W AMERICAN NUCLEAR INSURERS
To:	Saltzman J Office of Nuclear Reactor Regulation
References
NUDOCS 7907030389
Download: ML19224C611 (20)

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BURT C. PROO M.CPCU Prtesht June 26, 1979 Mr. Jerece Salt an Deputy Chief Office of Antitrust & Inde nity Directorate of Licensing U.S. Nuclear Regulatory Cer=ission Washingten, D.C.

20555 Re: Three Mile Island

Dear Mr. Saltzman:

I enclose copies of the three

';t recent suit filings in the Three Mile Island incident.entified as follows:

B A UTn D a.T SE7 oc al vs.

CIVIL ACTICN NO.79-763 METROPOLITAN EDISON et al GREENE'S CAMP EILL vs.

CIVIL ACTION NO.79-774 METROPOLITAN EDISON et al PEEK-A-BOO BATH BOUTIQUE vs.

CIVIL ACTION NO.79-775 HTROPOLITAN EDISON et al Very truly yours,

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t-William C. Carrier O[

Claims Counsel WCC/ bn Enes.

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I:t THE UNITED STATES DISTRICT COURT FOR TF2 MIDDI2 DISTRICT OF F:!:;SYL"ANIA i

i DAVID PARF"! and

CIVIL ACTION o

[' ALLISON PALMER, a minor by her EMILY Pall ^:R, Ilusband and Wife and (q % %

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parents and gusrdians DAVID PAI.MER and EMILY l' aller h

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Kister Street Goldsboro, Pa.

JURY TRIAL DEM.CDED V.

! ME30F0LITA'i EDISO:I CO.

i 2300 Pottsville Tike r

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! Muhlenberg, Pa. 19605 C

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L l BAECCCK & WILCOX CCMPA;!Y E09dIOM E

161 E. 42nd Street i,pyt 18 53 h ::ew York,!!ev York 10017 COM;d.D2.h"'RM.C#"

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J. RAY McDERMOTT & CCMPA;,Y, I';C.

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e, 1010 Camcon Street

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lp !!ew Orleans, Louisiana 70112 1:

and

f. GE:ERAL PU3LIC UTILITIES 260 Cherry Hill Road q Parsippany, !!eu Jersey 07054 and-JERSEY CEllT?aL PCWEP,it;D LIGHT CO.

Madison and Punchbcul Morristown,!!eu Jersey i

and CATALYIIC, I!C.

1500 Market Street Centre Square Uest Philadelphia, Pa. 19102 I;C.

h CO:9LAI'!T IS TRESPASS 1.

The plaintiffs, David Palmer, Enily Palmer and their 3:

minor daughter, Allisen Palmer, are citizens of the Co=cnweal.

I of Penncylvania and reside at siater Street, Goldsboro, Penns.

vania.

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(a) The de fendant, :-letropolitan Edison Co.,

is a i

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l eennsylvania corporation doing business 'dthin the Cec =cnwealth of Pen isylvania with offices located at 2800 Pottsville Pike, 1

tiuhlenbtrg, Pa. 19605.

(b) The defendant, Babcock and Wilcox Co. is a I!ew i

j Jersey corporation with offices located at 161 E. 42nd Street, t

"ew York, !ew York, 10017.

(c) The defiendant, J. Rty ?!cDermott & Company, Inc., i l

is a delawarc corporation with offices located at 1010 Cemnon I

Street, : ew Orleans, Louisiana 70112.

1 (d) The de fendant, General Public Utilities is a I

Fennsylvania corpora:icn with offices located at 250 Cherry t

"i'l Rcad, Parsippany, ::ew Jersey 070%.

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i (c) The defendant, Jersey Central Power and Light Co. ;

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has o ffices lecated at :'.adison and Funchbcul. "arristo:rn, 2. a i

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Jersey.

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(f) The de fendant, Ca :.aly tic, Inc. is a Pennsylvania I

I' corporation uith offices lecated at 1500 "arket Street, Centre i

1 Square 'ies t, ohiladelphia, Pa. 19102.

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Jurisdiction is based upon 42 U.S.C. A.

'.210 et seq. and i

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the accunt in controversy exceeds Ten Thousand (010,0:0.CO)

Dollars.

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4.

Service of process upon the defandants aerein has l

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. been nade pursuant to F.R.C.P. 4(e) and Title 42 of the j

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Fennsylv ania Consolidated Statutes Annotated, Sections 5322 and i

5323.

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their agents, servants and playees caused radioactive sub-I i

star.ces to be emitted into the environ ent, a fact which l

l spokepersens for the defendants acknowledged had occurred, j

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.; at the Three Mile Island I;uclear Power Plant.

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6.

The emissions of r adiation into the environment i

I neared such dangerous levels that Governor Thornburg for the i

Cec:.cnwealth of Pennsylvania on March 30, 1979 w. ed that all il pre-school c~ ildren and pregnant women evacuate from within l

a However,l4 1

five (5) miles of the Three Mile Island :uclear Planc.

] due to the uncertainty crea ted by the conflicting statements of a

the defendants' spokepersons and state, local and national govern.ent spokepersons regarding the dangers of the radiatica erpr ure, the plaintiffs felt compelled to evacuate the area i

f:r eir own safety.

I 7.

The defendants all contributed to the construction, i

l maintenance and operatica of the Three Mile Island !!uclear i

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Power Plant and its co-ponent parts.

i 8.

Tha damages sustained by the plaintiffs were caused I

I by the negligence, carelessness, recklessness, willfulness and i,

I wantenness of the defandants:

i (a) in failing to preparly design the said nuclear j

i pcwer plant (Three Mile Island) and its cc: ponent parts; (b) in falling to properly construct the said nuclear-l pcuer plant and its co-penent parts; (c) in failin to properly inspect and test the said s

and its co panent parts;,) b ]

n '_ D nuctaar pcwer plant

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j (d) in using faulty and de fective component naterials ;

a in the constructica of the said nuclear power plant;

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(e) in exoosing the public to such a defective power.

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plant; i

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(f) in failing to warn the plaintiffs of the defects in t

said nuclear power plant; i

h (g) in failing to exercise due care in the engineer-y i

i ing, composition, design, cons truction and operation of sa4 c j

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i nuclear power plant; I

(h) in failbg to exercise the high standard of care,

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i required in the operatica of a ultrahazardous activity (i.e.

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1 a nuclear power plant).

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9.

Defendants knew cr in the exercise of ordinary care il 1 had reason to knew of the dangerous effects of its nuclear pctrer '

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. plant.

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10. The said nuclear pee.:er plant and its component I

,{ compositional parts ;ere under the sole and exclusice possession i;' and control of the de fendants, schile it.-ras being en',ineered,

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l, co mosed, designed, constructed and cperated.

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11.

De fendants cperated said nuclear pot er plant and its

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i cc=penent parts in a defectice ccadition unreasonably dangercus 1

1, to the plaintiffs rnd their prec. ertv.,

and hara,tas thr eb v

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caused to the plaintiffs.

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12.

The defendants are en:; aged in the business of i

Ceci;ning, tanufacturin:;, constructing and selling of the ccm-pcrant " arts of the said Three hle Island iuclear Pc.2r plant

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i and those component parts were expected to and did reach the nuclear power plant without substantial change, in the condition in which they we.e designed, canufactured, constructed and sold.,

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13.

The de fendtnts in constructing and operating a q

nuclear power plant and its component parts in such a defective ;

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condition as to be unreasonably dangerous to consurers, fiolated!

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e the standards of Section 402A of the Restatement o f Torts (II).

N 14.

As a result of the foregoing, the plaintiffs' a

f here and their property have decreased in value and the plaintiffs d

l have also suffered economic harm including but not limited to I,

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+,' loss 1 incere and travel and living e:genses while evacuees.

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15. Further, the plaintiffs, due to the c:gosure to l

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radicactive caterials emitted from the defendants' nuclear

.l power plant had suffered physical and emotional injuries and I

j will centin le to do so fcr an inde finite perio-.

16.

In the future the plaintiffs will need to under;;o i

,. medical ena:fattions on a periodic basis to determine the full

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extent of their injuries as a result of the defenda-- s' o

negligent and wrcngful conduct. The need and crpense for these l

examinatiens will exist for a mini =2 of tuenty (20) years.

l 17.

Dua to the extraordinarf negligence on the part of tE a.; defendants in view of the potentiai ris't that a nuclear pcuer io plant possesses, plaintiffs also demand that punitive da ages 1

be aw.rded in their favor.

18.

Further, the plaintiffs demand a trial by jury on all Lc:succ of this cetica.

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WiiEPSFCPI, judgment is demanded jointly and severally ll against the defendants by the plaintiffs for economic losses

l and physical and enotional injuries in an accant in e:: cess i

of Ten Thousand ($10,000.00) Dollars as well as punitive damages i

j in an amount in excess of Ten Thousand ($10,000.C0) Dollars.

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' John J./ 0 ' Erien, Jr.

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lI RicharfF. Rosen l

John J. O'Erien, III l

Attorneys for Plaintiffs i

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I'! ~'dE Ci!TED STATES DISTRICT CCL3T FCR THE MIDDLE DISTRICT CF PE:;SYL'lXII's i-i i

8 l GREE::E'S CX4? HILL

CIVIL ACTIO:1 4004 Trindle Road

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// fG Caca Hill, Pa. 17011 ny 4

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4 l METROPOLITXi EDISC:I CO.

JL2Y RIAL CE".a'.CE3 2S00 Pottsville Pi'.cc ji Muhlenberg, Pa. 19605 l

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and

[l 3AECCCK & WILCCK CCMPX!Y j

l 161 E.42nd St.

ll !!ew York,::ew York 10017 UUd

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i; 1010 Carmon Street sr. c;TC:i 01,

! :ew Orleans, Louisiana 70112 3 a...

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'3LIC L-'ILITIES

,l; 260 Charf-Hill Road EE

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f-ll Parcippany, :Tew Jerse: 07054

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[ JERSEY CE';-~uL PC' Q X D LICHT CO.

f. "adison and Pun.. bowl l

Morristo in, 'iew Jersey and i-c CATALYTIC, E;C.

i' 1500 Market St.

Centre Square '.4'est

[ Ph_ladelphia, Pa. 19102

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CC:'PLAE;T

1. The plaintiff, Greene 's Cag Hill, is an establish-

, ment in the busine" of selling bridal and for-al attire.;ith its store located at 4004 Trindle Road, Camp Hill, Pennsyleania l

17011.

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(a) The defendant, Metropolitan Sdison Co.,

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P ennsylvania corporation doing business withi a the Conconwealth i'

9 of Pennsylvania with offices located at 2300 Pottr.ville Pike, Muhlenberg, Pa. 19605.

(b) The defendant, Sabcock and Wilcc:c Co., is a 'iew n' Jersey corporation u ith offices located tt 161 E. 42nd Street, I!

New York, New York, 10017.

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N (c) The defendant, J. Ray McDerrott & Conpany, Inc.,

Ho is a Delaware co: poration with offices located at 1010 Cocnon

.i:l S tree t, New Crleans, Louisiana 70112, i

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(d) ihe defendant, General Public Utilities, is a a

p Pennsylvania corporation with offices located at 260 Cheny I

.' Hil'. Road, Parsippany, New Jersey 07054 p

(e) The defendant, Jersey Central Power and Light Co.,

U has offices located at Madison and Punchbowl, Mar--istown, New i-Jersey.

f-D (f) The defendant, Catalytic, Inc. i. t Pennsylvania co-poration with offices located at 1500 Market Street, Centre Square Uest, Philadelphia, Pa. 19102.

3.

Jurisdiction is based upon 42 U.S.C.A. 2210 et seq.

i and the arount in centroversy exceeds Ten Thousand ($10,C00.00)

Dollars.

4.

Serrice of prerass upon the defendants herein has l been uade pursuant to F.R.C.?. 4(e) and Title 42 of the Pennsylvania Consolidated Statutes Annotated, Sections 5322 and

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On or about March 23, 1979 the defendan:s through h,

. their agents, servants and employees at the Three Mile Island l.

p Nuclear Power Plant caused or allowed radioac:.:.ve substances l'

4 i.' to be enitted into the e.virorcent> a fact which spokepersons i.

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!l for the defendants acknowledged had occurred.

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The enissions of radiation into the environnent al.

lj neared such dangerous levels that Covernor Thomburgh for the f

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i r" r j Connonwealth of Pennsylvania ordered 'on March 30, 1979 that i

u Il all pre-school children and pregnant wonen evacuate fren within n

Yfiva (5) niles of the Three Mile Island Juclear Power Plant.

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F.ouever, due to the uncertainty created by the con-4 6

6b, flicting statenents of the defendants' spokepersons and state fandlocalandnationalgover=entspokepersonsreg2rdingthe l.I y dangers of radiatica e:gosure and the potential for a t i

!! catastrophic radiation e>:posure, large n=bers of individuals

'l'n f evacuated the area surrounding Three Mile Island !!uclear Pouer n

o" Plant.

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The defendants all contributed to the const=ction, nair;enance and operation of the Three :lile Island Juclaar y Power Plant and its co ponent parts.

0 9.

The danages sustained by the plaintiff were caused I by the negligence, carelessness, recklessness, willfulness and It..;' antonness of the defendants:

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(a) in failing to procerly design the said nuciaar

' power plant (Three ',1ile Island) and its component parts; (b) in falling to properly construct tb ' said nuclear po er plant and its corponent parts; 6.

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M' (c) in failing to proper 13 inspect and test the said a.

qnu_ lear power plant and its conponent parts; i

Y (d) i using faulty and d2fective compcm nt caterials J

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'in the construction of the said nuclear power plant; i

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(e) in exposing the public to such a defective pcwer I

, plant; L

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,9, (f) in failing to a.we. the plaintiff of the defects k

F[f in said nuclear power plant; l

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(g) in failing to exercise due care in the engineer- '

f Ec ing, co position, design, construction and operation of said n,

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.: nuclear power plar ;

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(h) in failing to enertise the high standard of care

, required in thc eration o f a ultrahacardous activity (i.e.

a, I;a nuclea.

pouar plant).

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Defendants kne:. or in the exercise of ordi..2 ry care had reasen to know of the dangercus effects of its nuclear pc:.ar plant.

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11. The said nuclear pcwar plant and its cenpanent conpositional parts were under the sole and enclusive possession and control of the defendants, while it was being ecgineered, corposed, designed, constructed and cperated.

12.

Defendants opera 2d said nuclear power plant and its cc=penent parts in a defective condition unreasonably dangerous to the plaintiff's property and hcrn was thereby caused to i

the plaintiff.

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2'J. Further, the pla:.nt:.:: demands a trie.1 by jury on P: all issues of this action.

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inEREFCRE, jud;; ent is demanded jointly and severally h

j; against the defendants by the plaintiff for econoMc losses

!,inanaccu~; in excess of Ten Thcusand ($10,000.00) Collars j' as well as punitive damages in an a: cunt in excess af Ten i

l!Thousand($10,000.00) Collars, l

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// John J.dO' 3rie'., Jr.

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" John J. O'Brien, III F,

Richard F. Rosen I

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4 El THE CII ED STX"ES DIS 3ICT CCGT h

FC2 T iE MIDDLE DISUICT OF PE:tiSYL*/KIIA i

, T'IE PEEK-A-BCO BAU 3CCIQUE CI'!IL ACT!C:I p 5226 Siroson Ferry ? cad i: '41ndsor Park Shcpping Center

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[ >'echanicsburg, Pa.17055 7'9 e 9<

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h ME 3 CPOLI'ati EDISC:I CO.

JGY DIAL DIl'CICID 2S00 Potts/ille Pike hMuhlenberg,Pa.19605 b] SA3CCCK & IIILCCX COMPX!Y and L 161 E. 42nd Street

[!!ewYork,::ewYork10017

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and J. RAY Ms2E2MC3 & CCMPXiY, E!C.

1010 Co==on Street

. !!ew Orleans, Louisiana 70112

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i GE::E2AL PU3LIC CILITIES U

j; Parsippany, !!ew Jersey 07054 260 Cherry Hill Read p;p,ygg,y' i.

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' JE2SEY CE;;T2AL PC'IE2 A:!D LIC'iT CO.

l Madison and Funchbcw1 W

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Mor-istor., !!ew Jersey (N.

m.:n and CATALY IC, E C.

1500 Market Street

Centre Square '.iest Philadelphia,Pa. 19102

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i CCMPLiE!T 1.

The plaintiff, The Peek-A-3co 3ath Boutique, is an establish eat in the business of selling bathroom accessories with its store lo:ated at SII5 Simpson Ferry Road, Windsor Park Shoppin:; Cc.nter, Mechanics'our,, Pa. 17053,

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(a) The defend 2 nt, Metropolitan Edison Co., is a l

Pennsylvania corporation doing business within the Connonwealth i

of Pennsylvania sith offices located at 2300 Pottsville Pike, i

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Muhlenberg, Pa. 19605.

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(b) The defendant, Babcock and.;ilcox Co. is a New l

Jersey corporation with offices located at 161 E. 42nd Street, i

New York, New York, 10017.

(c) The defendant, J. Ray McDernott & Conpany, Inc.,

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is a Delaware corporation with offices located at 1010 Con =ca tt l'

, Street, New Orleans, Louisiana 70112.

e (d) The defendant, Gener21 Public Utilities, is a o

l Penns. lvania corporction with offices locaced at 260 Cherry 1

" Hill Road, Parsippany, New Jersey 07054

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(e) The defendant, Jersey Central Power and Light Co.,

e i has offices located at Madison and Funchbowl, Morristown, Ueu l

i Jersey.

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(f) The defendant, Catalytic, Inc. is a Pennsylvania 2

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corporation with offices located at 1500 Market Street, Centre 1

, Square West, Philadelphia, Pa. 19102.

i.

3. Jurisdiction is based upon 42 U.S.C.A. 2210 et seq.

and the amount in controversy exceeds Ten Thousand ($10,000.00)

Dolix s.

I 4.

Service of prccess upon the defendants herein has i

been nade pursuant to F.E.C.?

4(e) and Title 42 o f the i

Pennsylvania Consolidated Statutes Annotated, Sections 5322 and 3323.

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5. On or aboa: :'.a rc h 23, 19 79 the defendan:s throue i

, their acents, servants and employees at the Three Mile Islan i

helear Pcuer Plant caused or alloued radioactive substances to be emitted into the envirencent, a fact ubich spckepersons i

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' for the de fendants acknowladge had occurred.

l 6.

The emissions of radiation into the environ en:

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d neared such dangerous levels that Governor Thornburgh for the i

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'l Ccc=cnwealth of Pennsylvania ordered on March 30, 1979 that i

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,1 all pre-schcol children and pregnant vocen evacuate frem within a

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[ five (5) ciles of the Three Mile Island ::uclear Power Plan:.

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1 7.

However, due to the uncertain:-f created by the cen-flicting statement:., of the defendants' spckeperscas and state i.

4 and local and national government spokeperscna regarding the I

D, dangers of radiation e:gosure and the potential for a i

1 F catastrophic radiatica e:gosure, large numbers of individuals l-'. evacuated the area surrcunding Three Mile Island :Iuelear Pcwer o

Ip Plant.

p 8.

The defendants all contributed to the constructica, o

c g naintenance and operation of the Three Mile Island..uclear i

h Power Plant and its cc ponent parts.

il 9.

The da: ages sustained by the plaintiff wera caused i

[bythenegligence, carelessness, recklessness, willfulness and i

- wantonness of the defendants:

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(a) in failin; o p operly design the said nuclear 1-l power plant (Three Mile Island) anu es ccmponent parts;

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g (b) in failing to pr:perly construct the caid nuclear ij power plant and its co ronant parts; I

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(c) in failing to properly inspect and test the said i

i i nuclear power plant and its component parts;

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t (d) in using faulty and defective component nacerials in the construction of the said nuclear power plant; I

(e) in e:gosing the public to such a defective power s

4 1:i plant; i'

(f) in failing to warn the plaintiff of the defects I,

!! in said nuclear pcwer plant; b

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(g) in failing to exercise due care in the engineer-i.

[. ing, composition, design, construction and operation of said l

la1:. nuclear power plart; o

b (h) in failing to exercise the high standard of care ;

11 i required in the operation of a ultrahacardcus activity (i.e.

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.- a nuclear power plant).

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10.

De"a-de s kneu or in tha e::ercise of ordinary care hsd reascn to kncu of the dangerous effacts of it: nuclear poner

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i plant.

l, 11.

The said nuclear pot;er plant and its cceponent compositional parts wera under the sole and exclusif e possession h and control of the defendants, while it was being engineered, i.

co: posed, designed, constructed and op3 rated.

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Defendants operated said nuclear power plant and its component parts in a defective condition unreasonch ty dangerous to the plainciff's property and hara was thereby caused to the F

plaintiff.

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Further, the plaintiff de.unds a trial by jury en

[allissuesofthisaction.

MERS7CR2, judgrant is demanded jointly and severally agcinst the defendants by the plaintiff for econcaic losses in an amount in excess of Ten Thousand (310,000.00) Dollars as l' well as punitive da= ages in an a: cunt in excess of Ten Thousand 4

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h Richard F. Rosen

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John J. O'3rien, III l

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The defandants are engage d in the business of i

designing, =anufacturing, constructir; and selling of the ecm-

[ ponent parts of the said Three Mile Island Suelear Po.ier Plant c

0 and those component parts uere e:cpected to and did reach the e

nuclear pc eer plant without substantial change in the condition i

in which they were designed, manufactured, const=:ted and sold.

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!i 14 The defendants in constructing and cperating a It nuclear power plant a..d its component parts in such a defectiva i

y, condition as to be unreasonably dangerous to consuners, violated b

'; the standards of Section 402A of the Restatement of Tar s (II).

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As a result of the foregoing the plai:n iff's busines ftl'

. has uaffe.ed irreparable economic losses which include but i

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J are not limited to lost operating time and loss of sales.

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Further, as a direct result of the defendaats'

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p conduct the public interest in shopping in the ar22 sur cunding P

1'. the Three Mile Island l'uclear Plant area has been so reduced f that the plaintiff will never recover frem the e 3-loss.

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17.

Further, the public's fear of contaminated merchandi n

has nearly rendered the plaintiff's products and servicts

!: worthless.

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Further, the plaintiff can show with its recaipts the marked decline in business i=cediately followinT " arch 23 7

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Further, due to the e:ctraor 'inary nagligence on the pa-: of the defendants and in view of the irreparable economia

' loss suffer 2d by :: he plaintiff, the plaintiff demanda that L punitive damages be awarded in its faver.

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The defendants are engaged in the business ob

[ designing, nanufacturing, constructing and selling of the cen-o ep ponent parts of the said Three :lile Island 1.uclear Pouer Plant iL and those conponent parts were expected to and did reach the nuclear power plant without substantial change in the condition i in which they were designed, nanufacturad, constructed and sold.

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j 14 The defendants in constr.cting and operating a i

I nuclear power plant and its conponent parts in such a defective i

i h condition as to be unreasonably dangerous to consu ers, violated h

lj the standards of Section 402A of the Restate ent o f Terts (II).

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As a result "Se foregoing the plaintiff's business Il

,I has suffer 2d irreparable econonic losses which include but s

are not linited to lost operating cine and less of sales.

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Further, as a direct result of the defcn dants'

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! conduct the public interest in shopping in the area su: rcunding

{ the Three :!ile Island :!uclaar Plant area ?.as been so reduced H

!'that the plaintiff will never recever fren the econcni: loss, b

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Further, the public's fear of cent.inated nerchandi_

'; has nearly rendered the plaintiff's products and. services l'

Nworthless.

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Further, the plaintiff can shou uith its receipts e

h the.arked decline in business i=ediately following crch 23,

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1 19.

Further, due to the extraordinary negligence on the

{! part of the defendants a nd in view of the irreparable econonic h, loss suffered by the plaintiff,the plaintiff denands that u

i punitive danages be awarded in its favor-h -

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