ML19224D108

Forwards Complaint La Gutauskas Vs Boston Edison Co & GE Re Alleged Death of Plant Employee from Overexposure

ML19224D108
Person / Time
Site:	Pilgrim
Issue date:	07/02/1979
From:	Andognini G BOSTON EDISON CO.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
79-127, NUDOCS 7907100647
Download: ML19224D108 (7)

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BOSTON EDISON COMPANY GENrnAL ornCrssco dovtSTcN s reccT BOSTON. M ASS ACHUSCTTS o 2199 BECo. Lcr. #79-127 G. C ARL ANDOFNINI Supt SINTENC L 17 NUCLEAM CPE4 ATIONS DEPA ATME NT July 2, 1979 Mr. Harold R. Denton Director of Nuclear Reactor Regulaticns U.S. Nuclear Regulatory Coumision Washington, D. C. 20555 License No. DPR-35 Docket No. 50-293 Notification of a Claim

Dear Mr. Denton:

This letter notifies the Nuclear Regulatory Commission, pursuant to 10 CFR Part 140.6, that a claim has been filed against Boston Edison arising out of or in connece. ion with the operation of Pilgrim Station Unit ill . The complaint is attached for your information. Shauld there be any further questions on this arbject, please contact us at your convenience.

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COMM0!NEALTH OF MASSACHUSETTS 3 Suf f olk , s s . ';. ,

perior Court Ng .

Lily"A. Gutauskes, Administratrix )

of the Estate of Alfred D. Gutauskas )

and individually, ')

Plaintiff )

) COMPLAINT

v. ) PLAINTIFF DEMANDS

) TRIAL SY JURY Boston Edison Company and General )

Electric Corporation, )

Defendants )

)

PARTIES

1. The Plaintiff is the duly appointed administra-trix of the Estate of Alfred D. Gutauskas, Plymouth Pro-bate Court Number 128657 and is an individual who resides at 439 Pleasant Street, Bridgewater, Plymouth County, Massachusetts.

2. The Defendant Boston Edison CompaEy (herein-after reierred to as Boston Edison) is a duly organized Massachusetts utility company wit.! sn usual place of business at 800 Bay 1.cton Street, Poston, Suffolk County, Mas s a chu s e:.t s .

- 3. The Defendant General Electr4.c Corporation is

.1 e dulv onanized Connecticut corporation with an usual p1 ace of business at F airfield , Connecticut.

3.' . .

' ,, ' C' STATEMENT-OF 7 ACTS

• N s 4.. In February ~1976 and at all ti=e material.

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hereto Plaintif f Lily" A. Gutauskas and Alfred D. Gutau-skas were husband and wife.

5. In 1973 Defendant General Electric was engageu in the manufacture, distribution and sale of fuel rods for use in nuclear power plants and did so manufacture 2

and sell said f'..el rods to Defendant Boston Edison for use in the-Pilgrim I nuclear r,wer facility at Ply =outh, yy .; Mas s achus ett,si; Defendants General Electric and Bos on Edison Ng 6.

knew ar'should have known that said fuel rods were in a defective condition and were likely to cause the emission of substantial amounts of radiation into the air in sufficient quantities to cause harm to people who were exposed to such radiation.

7. On February 11, 12 snd 13, 1976, the Plaintiff Alfred D. Gutauskas was employed by Crouse Company, Inc.,

of Linfield, Pennsylvania, an independent contractor, to perform work at the Pilgrim I plant on which dates Plaintiff Alfred D. Gutauskas was exposed tc Nigh leve.s i of radiation which resulted in his death on August 21, 1976, from widespread cancer.

8. 'etweer Febraury and August 1976 Plaintiff Alfred D. Gutauskas was prevented from transacting his d .;) .n.) , ;)

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business, suffered agonizing pain, both mental and physical, and incurred expenses for medical attention and hospitalization.

9. Plaintiff Lily A. Gutauskas lost the support, comfort and companionship of her husband, Plaintiff Alfred D. Gutauskas , as a result of his injuries. -

COUNT ONE

10. Defendant Boston Edison was guilty of the following acts of negligence, all of which proximately caused and contributed to th' injuries and death of Al-fred D. Gutauskas.

(a) in providing an unsafe workplace to the em-contractor:

playee of,an independent (b) in- violating the high standard of care re-3' x

"%3y ,huire d in -the'.use of dangerous substances N .(c) in permitting Alfred D. Gutauskas to enter

- an aEea of known contamination;

- to warn Alfred D.' Gutauskas of the (d) in faili dangers of radiation exposure.

WHEREFORE . Plaintif f Lily A. Gutauskas , administra-trix, demands judgment against Defendant Boston Edison Company in the sum of Five Million Dollars plus in-terest and costs.

Cor.NT TWO Defendant Bosto.

.uison was guilty of willful, 11.

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wanton and reckless conduct amounting to gross negli-gence in permitting Alfred D. Gutauskas to be exposed

.to harmful amounts of radiation when it knew or should have known that harm was likely to result.

, WHEREFORE, Plaintiff Lily A. Gutauskas, administra-trix, demand,s judgment against Defendant Boston Edison g.. ' dompany and.. punitive damages in the sum of Ten Million

\s- Do'.lars. .

'- COUNT THREE

12. As a result of the negligenc'e of Defendant Boston Edison, Plaintiff Lily A. Gutauskas suffered the loss of the support, comfort and companion: hip of her husband, J1 fred D. Gutauskas.

WHEREFORE, Plaintiff Lily A. Gutauskas, administra-trix, demands judgment against Defendant Boston Edison Crv.pany in the sum of One Million Dollars.

COUNT FOUR

13. In connection with the manufacture, distribu-tion and sale of the fuel rods herein described, Defen-dant General Electric was guilty of the following acts of negligence , all of which proximately caused andfcon-tributed to the in, juries of Alfred D. Gutauskas:

(a) in manuf seturing and selling fuel rods in a defective condition so that. they leaked radiation under e e g

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normal use; (b) in failing to recall and!'or take appropriate steps to repair or replace the fuel rods.

WHEREFORE, the Plaintiff Lily A. Gutauskas, admini stratrix, demands judgment against Defendant General E1.ectric in the sum of Five Million Dollars, plus in-terest and costs.

COUNT FIVE 14.', Defendant General Electric was guilty of willful, wan. ton and reckless cont'uct macunr.ing to gross

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?C5; - negligence'in.its manufacturing and selling defective s

fuel rods which it knew or should have known_were likely

• to cause harm and in its subsequent failure to repair the fuel rods after it di* know that they were leaking radiation into the air.

WHEREFORE, Plaintiff Lily A. Gutauskas, administra-trix, demands judgment against Defendant General Elec-tric and punitive damages in the sum of Ten Million Dollars.

COUNT SIX

15. As a result of the negligtnce of Defendant Gen-eral Electric, Plaintiff Ltly A. Gutauskas suffered ~the

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loss of the support, comfort and companionship of her

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c.:sband, Alfred D. Gutauskas.

WHEREFORE, Plaintiff Lily A. Gutauskas adminf r:ra-trix, demands judgment against Defendant General Elec-trix in the sum of One Million Dollars.

PLAINTIFF DEMANDS TRIAL BY JURY.

By her attorneys, UNYV A t.LPTL.

Wency S. Hprrison 141 Tremont Street Boston, MA 02111 '

482-6363 - - -

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Cornclius Sullivan 141 Tremont Street Boston, MA 02111 482-6363

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