ML19289F852
| ML19289F852 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/15/1979 |
| From: | Carrier W AMERICAN NUCLEAR INSURERS |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7906200432 | |
| Download: ML19289F852 (6) | |
Text
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BURT C.PROO M.CPCU Pusk June 15, 1979 Mr. Jeror.e Saltzman, Deputy Chief Office of Antitrust & Inde=nity Directorate of Licensing U.S. Nuclear Regulatory Cornission Washington, D.C.
20555 RE: Three Mile Island
Dear Mr. Saltzman:
Since my last correspondence we are in receipt of an additional Complaint filed in the United States District Court for the Middle District of Pennsylvania. I am enclosing a copy of the Ccmplaint filed which is entitled Frank Park & Beverly Park ver-g sur Metrepolitan-Edison et al, Civil Action - CIV 79-710.
Very truly yours, I
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./ William C. Carrier Claims Counsel WCC/mbm Enc.
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III THE UNITED STATES DISTRICT COURT 3
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FOR THE MIDDLE DISTRICT OF PE:it:SYLVMIIA 8
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FRKiK PARK and CIVIL ACTIO:t
-BEVERLY ? ARK, H/W 109 South York St.
Goldsboro, Pa.
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V METROPOLITRI EDISCN CO.
JURY TRIAL DEMA';0ED 2800 Pottsville Pike Muhlenber;;, Pa. 19605 4
ll and l BA3CCCK & UILCCX CCMPANY I 161 E. 42nd Street
.j' New York, New York 10017 and J. RAY McCERMOTT & CCMPK;Y, I';C.
1010 Co=on Street New Orleans, Louisiana 70112 and l
GENERAL PUELIC UTILITIES l[ }i II t
260 Cherry Hill Road I
Parsippany, New Jersey 07054 ae.
and CRANTCN,Pt JERSEY CE'iTRAL PC'iER A';D LICHT CO.
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Madison and Funchbowl Morristown, New Jersey PCNALD R. SERR,Y, ght and prp g/: c' CATALYTIC, INC.
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% Weuu cum; 1500 Market Street Centre Square West Philadelphia, Pa.19102 No.
5 CO'!PLAI'1T IN T"ESPASS 1.
The plaintiffs, Frank Park and Beverly Park, husband and wife, r.ro citi= ens o# the Co=on.ealth of I'ennsylvania and reside -
at 109 South York Street, Goldsboro, Pennsylvania.
- 2. (a) The defendant, Metropolitan Edicon Co., hereinafter l
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l referred to as Met Ed, is a Pennsylvania corporation doing ll businesc within the Com:.onwealth of Pennsylvania with offices I
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locaced at 2800 Pottsville Pike, Muhlenberg, Pa. 19605.
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(b) The defendant, Babcock and Wilcox Co., is a New Jersey l
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l corporation with of fices located at 161 E. 42nd Street, New e
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York, New York, 10017.
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(c) The defendant, J. Ray McDermott & Company, Inc., is l
i a Delaware corporation with offices located at 1010 Co==on Street.
lI New Orleans, Louisiana 701'2.
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(d) The defendant, General Public Utilities is a i
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Pennsylvania corporation with offices located at 260 Cherry Hill Road, Parsippany, New Jersey 07057.
l (e,) The defendant, Jersey Central Power and Light Co.,
i has offices located at Madison and Fuchbowl, Morristown, New I
Jersey.
I it (f) The ' defendant, Catalytic, Inc. is a Pennsylva11a 0p corporation with offices located at 1500 Market Street, Centre i
'( Square West, Philadelpaia, Pa. 19102.
3.
Jurisdiction is based upon 42 U.S.C.A. 2210 et seq. and the amount in controversy exceeds Ten Thousand ($10,0C0.00) i Dollars.
- 4. Service of process upon the defendants herein has been i
j made pursuant to F.R.C.P. 4(e) and Titic 42 of the Pennsylvania f
j Consolidated Statutes Annotated, Sections 5322 and 5323.
I it 5.
On or about March 28, 1979, the defendants, through il3 their agents, servants and employees caused radioactive sub-stances to be c=itted into the environment, a fact which i
i spokepersons for the defendants acknowledged had occurred.
at the Three Mile Island Nuclear Pouer Plant.
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Tim emiW lona of ran d la tion into chu environment noured h,
. O such dangerous levels that Governor Thornburg for the Common-
.s l' wealth of.>ennsylvania on March 30, 1979 ordered that all prem e
b school children and pregnant women evacuate from within five (5) I f
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k y miles of the Three Mile Island Nuclear plant. However, due to 1
the uncertainty created by the conflicting statemenrs of tne j
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q defendants' spokepersons and state, local and national governennt j l. spokepersens regarding the dangers of the radiation exposure, l
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the plaintiffs felt compelled to evacuate the area for their i
own safety.
7.
The defendants all contributed to the construction, 1
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',l stion of the Three Mile Island Nuclear Power j, maintenance and c.
4 Plant and its ccmponent parts.
1, 8.
The da= ages sustained by the plaintiff were caused by the negligence, carelessness, recklessness, wilfullness and i
wantonness of the defendants:
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il (a) in failing to properly design the said nuclear power plant (Three Mile Island) and its component parts; (b) in failing to properly construct the said nuclear I[ power plant and its corponent parts; I
(c) La failing to properly inspect and test the said i
n.ulcar power plant and its component parts; (d) in using f aulty and defective component materials in the censtruction of the said nuclear power plant; (e) in enposing the public to such a defective power j
plant; l
(f) in failing to warn the plaintiffs of the defects in said nucicar power plant; p
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.j' (g) in failing to exercise due care in the engineering, 1
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composition, design, construction and operation o f said j
'l nuclear power plant.
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(h) in failing to exercise the high standard of care l
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required in the operation of a ultrahazarcous activity (i.e.
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t a nucle c p,, wen. plauc}.
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- tnew or in the exercise of ordinary care had I
I reason to know of the dangerous effects of its nuclear power l
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plant.
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10.
The said nuclear power plant and its component composi-l i
tional parts were under the sole md exclusive possession and l
' control'of the defendants, while it was being ergineered, i
composed, designed, ccnstructed and operated.
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- 11. Defendants operated said nuclear power plant and its i
j co:ponent parts in a defective condition un-onably dangerous i
l to the plaintiffs and their property, and har::t was thereby caused to the plaintiffs.
12.
The defendants are engaged in the business of designing, canufacturing, constructing and selling of the cocponent parts of the said Three Mile Island Nuclear ?cuer Plant and those corponant parts were expected to and did reach the nuclear power plant without substantial change, in the condition in which I'
they were designed, canufactured, constructed and sold.
13.
The defendants in constructing and operating a nuclear l
power plant and its component parts in such a defective condition; i
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as to be unreasonably dangerous to consu~:ern, violated the l
' standards of Section 40:% of the 'lestatemnt of Torts (II).
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.a resuit o f the foregoing, the plaintitfa' house l
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! and thcic property nave decreased in value und the plaintiffs have also suffered economic harm including but not limited
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loss of income and travel and living expenses while au.cuees.
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15.
Further, the plaintiffs, due to the exposure to radio-
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!! active materials emitted from the defendants' nuclea power
[ plant had suffered phy-ical and emotional injuries and will l
continue to do so for an indefinite period.
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16.
In the future the plaintiffs will need to undergo l
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medical examination on a periedic basis to determine the full 4
extent of their injuries as a result of ena defenlants' negligent I I
The need and expense for these examinations l i
I and wrongful conduct.
I'. will exist for a mini =um of senty (20) years.
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17.
Due to the extraordinary negligence on the part of the id;> defendants in view of the potential risk that a nuclear power 4.
{plantpossesses,plaintiffsalsodemandthatpunitiveda=ag2a b.cawardedintheirfavor.
18.
Further, the plaintiffs demand a trial by jury on all i
h issues of this action.
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.j WP2P2FCF2, judgment is demanded jointly and severally against h the defendants by the plaintiffs for economic losses and phfsical ll and emotional injuries #
an amount in excess of Ten Thousand
~ $10,000.00) Dollars as well as punitive damages in an amount in excess of Ten Thousand ($10,000.00) Dollars.
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Jonq J.
O' prien, Jr.
'j Richard F. 'Rosen John J. O'Brien, III 1
Attoracys for Plaintiffs li t I a
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