ML19305A504
| ML19305A504 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/17/1979 |
| From: | Carrier W AMERICAN NUCLEAR INSURERS |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7908220289 | |
| Download: ML19305A504 (21) | |
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CFFICE OF THE GENERAL COUNSEL
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xiawn w ore V<e Fes@t and CmnacJ Co.rsei BulliC.PflOOM CPCU re.ud at August 17, 1979 Mr. Jerome Saltzman, Deputy Chief Office of Antitrust and Indemnity Directorate of Licensing U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Re: Three Mile Island
Dear Jerry:
I enclose copy of complaint recently filed in the United States District Court for the Middle District of Pennsylvania entitled Jankovic et. al. versus Metropolitan Edison et. al. Civil Action number 79-994.
In addition I wish to advise that in view of the consolidation of all class action complaints, the following suits have now been dismissed on a voluntary basis, without prejudice.
Fantasky versus Metropolitan Edison Number 79-432 Dynamic versus Metropolitan Edison Number 79-439 Dunn versus Metropolitan Edison Number 79-446 Giant Food versus Metropolitan Edison Number 79-446 Markle versus Metropolitan Edison Number 79-520 Packer Jr. versus Metropolitan Edison Number 70,522 Packer Jr. versus Metropolitan Edison Number 79-542 Samons versus Metropolitan Edison Number 79-621 Boyd versus Metropolitan Edison Justice Court Action y
Larsen versus Metropolitan Edison Number 79-594
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Mr. Jerome Saltzman Page 2 August 17, 1979 In addition I enclose copy of my most recent report to the Insurance Department of Pennsylvania in connection with the Socioeconomic Study being conducted by the State. This will update your file through August 10, 1979 on Three Mile Island activity.
Your very truly, I ~ h(I 1111am C. Carrier Claims Counsel WCC/pbs Enclosures 845 200;
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OFFKE OF THE GENERAL COUNSEL
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August 16, 1979 Mr. Richard Simpson Director -- Bureau of Rates Insurance Department of Pennsylvania Strawberry Square,13th Floor Harrisburg, PA 17120 Re: Three Mile Island
' Socioeconomic Impact Study
Dear Mr. Simpson:
This will serve as an update to my letter of June 29th,1979.
A.
Through August 10,1979, we have the following to report:
Total Evacuation Claims -- 3,158 Evacuation Payments ------------------------ $1,212,387.69 Wage Claims -- 583 Wage Claim Payments --------------------------- $85,937.06 Total Evacuation and Wage Claim Payments --- $1,298,324.75 B.
Sumary of Governmental Agencies and Other Public Body Claims as of A,ugust 10, 1979.
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There have been three additional claims in this. category submitted since our last report.
I attach as exhibit number one an updated list of these claims.
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The Exchange bte 245/ 270 Fomngton Avenue / Famngton. Connect <ct C/A32/(203677-7305 m Eng Doct.(203)677-77
s Mr. Richard Simpson Page 2 August 16, 1979 C.
Sumary of Business Interruption Claims other than Governmental ~
and Public Body Claims as of August 10, 1979.
We now have a total of 110 such claims filed and an updated list of these claims is attached for your file as exhibit number two.
As a matter of information, we wish to advise that the Hershey Foods Corporation have now filed detailed particulars of the claim that had been previously filed and was noted in our June 29th,1979 report to your office. The claim as submitted seeks a recovery of $687,727.00.
D.
Identification of All Litigation as of August 10, 1979.
There have'been ten additional suits reported, none of which are class actions. All of these suits specifically identified hereafter were filed in the United States District Court for the Middle District of Pennsylvania. The United States District Court Magistrate has consolidated all of these suits with the consolidated class action complaint for pretrial and trial purposes.
For list of new suits, see Exhibit 3 attached.
Yours very truly, illiam C. Carrier Claims Counsel WCC/pbs Enclosures CC. Mr. Burt C. Proom, President, ANI Mr. Ambrose B. Kelly, Manager, MAERP/MAELU l
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Exhibit 1 17t?
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ADDITIONAL EXPENSE CLAIMS SUBMITTED BY COVERNMENTAL AUTHORITIES
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D/I 79 Claim #
Name of Claimant Brief Details 01-100280 Borough of Goldsboro Amount claimed is $4,543.88 Civil Defense Expense.
The borough is within the five mile limit.
01-100333 Township of Derry Amount claimed is $11,325.04 Salaries, Supplies, etc.
The township is outside the five mile limit.
01-100334 Derry Township School District Amount claimed is $1,655.62 Salaries, Supplies, etc.
.D Not within five mile radius.
C 01-100335 Hershey Ambulance Corps.
Amount claimed is $889.03 Salaries, etc.
Not 61 thin five mile radius, b
01-100336 Hershey volunteer Fire Co.
Amount claimed is $31.00 Gasoline. Not within five mile radius.
01-100351 Fairview Township Board of Supv.
Amount claimed is $2,656.87. The Township is partially inside and partially outside the five mile radius.
01-100364 Borough of Shiremanstown Amount claimed is $308.29. Extra expenses, Police Dept Outside five mile radius.
01-100365 Township of Middlesex Amount claimed is $422.40. Extra expenses, Police Dept Outside five mile radius.
b 01-100366 Borough of New Cumberland Amount claimed is $1172.92. Extra expenses, Police Dep D
Outside five mile radius.
01-100367 CO Shippensburg Township Amount claimed is $187.00. Extra expenses, Security Officials. Outside five mile radius.
b t.n 01-100368 Lower Allen Township Amount claimed is $2421.00. Extra expenses, various N
activities. Outside five mile radius.
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01-100369 Borough of Newburg Amount claimsd is $52.80. Extra expenses, Civil Defense and fire offjcials. Outside five mile radius.
01-100370 Borough of Carlisle Amount claimed is $444.37. Various emergency expenses.
Outside five mile radius.
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w ADDITIONAL EXPENSE CLAIMS SUBMITTED BY GOVERNMENTAL AUTHORITIES t
a claim #
Name of Claimant Brief Details i '
01-100371 Borough of West Fairview Amount claimed is $1069.98. Extraexpenses,various[
officials. Outside five mile radius.
01-100372 West Fairview Police Department Amount claimed is $866.54. Extra expenses, Police.
Department.
Outside five mile radius.
01-100373 Upper Frankford Township Amount claimed is $275.04. Extra expenses, various.,
officials. Outside five mile radius.
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01-100374' Upper Allen Township Amount claimed is $1395.11. Various emergency ex-penses. Outside five mile radi'us.
01-100388 Borough of Middletown Letter of inquiry indicates an intent to file a claim for an undisclosed amount.
Borough is within five mile radius.
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Exhibit 2 7
_ l., IL ASSIGNMENT CONTROL J jl51
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BUSINESS INTERRUPTION CLAIMS
-f u>r CLAIM NUMBER DATE Rec'd REGISTER SERIAL Basis of Claim 4/2/79 William Kane, Jr.
100303 Evacuation expenses, dog kennels.
4/2/79 Whitney G. Simmons 100305 Loss of revenue, restaurant.
4/4/79 Simon Candy Co.
100004 Loss of production, cost of testi 4/6/79 Continental Inns of America 100011 Cancellations of reservations.
4/6/79 Hershey Food Corp.
100013 Various loss-:,, uaspecified.
4/6/79 Susquehanna Speedway /Liddick 100007 Loss of revenue, cancelled race.
4/9/79 Redland Dental Association 100019 Loss of dental fees.
4/10/79 Herco, Inc.
100021 Various losses, unspecified.
4/11/79 Brenner Furniture & Sleep Ctr.
100040 Loss of sales, retail store.
4/11/79 Lacy Enterprises, Inc.
100041 Loss of sales, restaurant.
Various lusses sa=u1Lius fivu 4/12/79 Frey Village Retirement Cente::
100054 evacuating elderly patients.
4/12/79 Funerafts, Inc.
100049 Loss of sales, retail store.
4/16/79 Institute of Bus. & Industry 100061 Cost of change of meeting site.
4/16/79 Belscot Retailers, Inc.
100081 Loss of sales, retail store.-
4/16/79 John I. Burkett, III 100082 Loss of revenue, beauty salon.
4/17/79 Percy Glynn 100006 Evacuation expense, horse farm.
4/17/79 The Wilton Company 100089 Loss of production, giftware mfgr 4/18/79 Church of the Nazarene Day Care 100097 Loss of tuition.
4/19/79 Historic 1725 Witmer's Tavern 100105 Loss of sales, restaurant.
4/23/79 Cettysburg Travelodge 100123 Cancellation of reservations.
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l 4/23/79 Host Farm, Lancaster 100128 Various losses, unspecified.
4/23/79 Host Town Hotel, Lancaster 100129 Various losses, unspecified.
4/23/79 Host Inn, Harrisburg 100130 Various losses, unspecifiad.
4/23/79 Nath nwide Inn, Harrisburg 100131 Various' losses, unsp'ecified.
l 4/23/79 Host Corral, Lancaster 100132 Various losses, unspecified.
4/24/79 Wohlsen Construction Co.
100138 Shutdown of jobs, building contra 4/25/79 LcHL Dairy 100146 Additional expense / testing, dair:
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V ASSIGNMENT CONTRC,
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BUSINESS INTERRUPTION CLAIMS
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CLAIM NUMBER e
DATE - Rec' CLAIMANT Basis of Claim
'atoastEn sea:At 4/25/79 Middletown Bottle Club 100149 Cancellation of events.
4/25/79 Coldsboro Marina 100151 Loss of business, unspecified.
4/27/79 Morkides (Taco House) 100204 Loss of revenue, restaurant.
4/30/79 Springfield Stables 100174 Evacuation expenses, horse farm.
4/30/79 Lad's & Dad's Outfitters, Inc, 100172 Loss of revenue, retail store.
5/1/79 Conbow corporation 100190 Financial icss, unspecified.
4/30/79 Newberry Farms Restaurant 100173 Loss of revenue, theater & rece.au 5/1/79 R & R Automotive 100191 Various losses, auto sales & serv 5/3/79 L. D. Weaver & Son 100194 Bus. Shutdown, bologna & fresh me 5/3/79 Fox's Food, Inc.
100200 Various losses, supermarket.
5/3/79 Camp Comet 100201 Loss of revenue, summer' camp.
5/4/79 Villa Teresa 100207 Additional expenses, nursing home 5/7/79 Middletown Chiropractic Healt i 100214 Various losses, unspecified.
5/8/79 Ebenezer A.M.E. Church 100218 Cancellation of trip.
5/16/79 Atlas International Tours 100265 Cancellation of tour to Hershey.
5/16/79 Preston Kline & Sons, Inc.
100266 Loss of sales, retail flooring.
5/17/79 Longacre Farm 100267 Loss of income, summer camp.
5/17/79 Giant Food Stores, Inc.
SUIT 003182 Loss of revenue, food retail.
. 5/17/79 White Shield, Inc.
SUIT 003183 Loss of revenue, retail drug.
5/17/79 Komet Co., Inc.
SUIT 003184 Loss of revenue, clothing outlet.
5/17/'/9 First Edition Book Stores, IncSUIT 003185 Loss of revenue, retail book stor 5/17/79 Wolowitz, Inc.
SUIT 003186 Loss of revenue, retail clothing.
5/17/79 Free Car Wash, Inc.
SUIT 003187 Loss of revenue, car wash.
5/17/79 Albert Sammons SUIT 003188 Loss of' revenue, service station.
5/17/79 Dynamic Products, Inc.
SUIT 003195 Loss of profits, unspecified.
?--- 5L12'll9-Modagrafics Corp.
SUIT 003196
" Loss of profits, unspecified.
5/17/79 John Glise, Inc.
SUIT 003197 Loss of profits, unspecified.
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ASSIGNMENT CONTFIOL ADau$f gR$ NAMg BUSINESS INTERRRUPTION CLAIMS
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LAIM NUMBER
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CLAIMANT Basis of dlaim OATE Rec'd REGISTER l
- .E RI AL 5/17/79 The Red Baron of Amer., Inc.
SUIT 003198 Loss of profits, unspecified.
5/17/79 James D. Derr Inc.
SUIT 003199 Loss of profits, unspecified.
3/21/79 Ksadan, Limited 100277 Addl. exp-change of site, dealer 5/21/79 Pizzagalli Construction Co.
100276 Construction delay.
5/21/79 W.-t u kbinding, Inc.
100274 Plant closed.
5/21/79 Archris Hotel Corp, 100273 Lost sales - two Sheraton Inns.
5/22/79 s'acker, Herbert M.,
Jr.
SUIT 003201 Loss or revenue, 7-eleven store.
5/22/79 Griffith, John W. & Jaan B.
SUIT 003202 Loss of revenue, 7-eleven store.
5/22/79 Sykes, Leroy I.
SUIT 003203 Loss of business income, osteopat 5/22/79 Parfitt, Monte & Rose Marie SUIT 003204 Loss of bus, income, unspecified.
5/22/79 Lachewitz, Walter J., Jr.
SUIT 003205 Loss of bus income, unspecified 5/22/79 American Vanguard Sys., Inc.
SUIT 003206
'oss of bus income, unspecified 5/22/79 t/a Millhouse Restaurant SUIT 003207 Loss of bus, income, unspecified 5/22/79 Fleck, Samuel W. & Louise E.
SUIT 003208 Loss of bus, income, unspecified 5/23/79 Dietrich's Milk Products 100279 Milk testing for Hershey.
5/24/79 Ed Blodgett 100285 Cancellation of magic shcw.
S/25/79 Heckard's Catering 100290 Loss of business, unspecified.
6/1/79 Accudata Adeptic Service 100300 Financial loss, unspecified.
6/1/79 C. Curtis Hughes Flower Shop 100301 Loss of revenue, flower shop.
6/1/79 Pappy's Restaurant / Simon 100306 Loss of revenue, restaurant.
6/4/79 Capital Bakers Inc.
100311 Business losses, unspecified.
6/4/79 Die-Tech, Inc.
100313 Loss of production, unspecified.
6/7/79 J. E. Caldwell Company 100316 Loss of business, unspecified.
6/7/79 Joseph C. Crof f 100318 Loss of rental.
6/11/79 Penn Dairies / David M. Wise 100325 Loss of revenue, grocerette.
6/11/79 Odd Fellows Home/Deibert 100326 Evacuation expenses, nursing homi 6/11/79 I. J. Heller, DDS 1 00327 Loss of revenue, dentist.
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ADJUSTE AS NAWE BUSINESS INTERRUPTION CLAIMS CLAIM NUMBER ANT DATE Re:'d REGISTERI SERIAL Basis of Claim 6/12/79 Quality Inn 100329 Loss of revenue, motel / restaurant 6/12/79 Best Western Inn 100330 Loss of revenue, motel / restaurant 6/15/79 Robert C. Bloomingdale 100360 Loss of revenue, interior decorat 6/15/79 James E. Diehl, Jr.
100340 Loss of revenue, dress factory.
6/21/79 Homeland 100347 Additional expenses, nursing hocu 6/22/79 Usha A. Bhargave, M.D.
100349 Loss of medical fees.
6/25/79 Hershey Educational & Cultural 100352 Cancellation of musical productic 6/28/79 The Peek-A-Boo Boutique SUIT 003262 Various losses, bathroom accessor:
6/28/79 Greene's Camp Hill SUIT 003263 Loss of revenue, ladies apparel.
7/2/79 Motor Truck Equipment Co.
100356 Loss of revenue, wages.
7/2/79 The Children's Chifferobe SUIT 003266 Loss of revenue, children's clot!
"uS/79 Cuts N' Stuf SUIT 003268 Loss of revenue, beauty salon.
7/9/79 Newberry Farms /Buchart SUIT 003269 Loss of revenue, unspecified busi 7/10/79 G.D.B. Enterprises, Inc.
100361 Loss of revenue, snack bar.
7/10/79 St. Peter's Nursery School 100362 Loss of tuition, nursery school.
7/10/79 Madamoiselle Boutique 100263 Various losses, business start-up S/13/79 Dr. Ervin I. Klein 100240 Loss of revenue, Podiatry Consult 5/11/79 Jam-A-Glamour /Cain 100241 Loss of revenue, kennel.
- 7/16/79 Pancake House Realty Co., Inc. SUIT 003272 Loss of revenue, restaurant, mota 7/16/79 Michael L. Martin, Inc.
100376 Loss of revenue, construction co.
7/18/79 Cumberlaid Skadium, Inc.
SUIT 003273 Loss of revenue, ice skating rin:
7/18/79 Harry Cramer, Inc.
SUIT 003274 Loss of revenue, car dealer.
l 7/18/79 Aero Corporation SUIT 003275 Loss of revenue, car rental.
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7/18/79 Espenshade Heats SUIT 003281 Loss of' revenue, unspecified.
7/18/79 Mountainview Racing Assn.
SUIT 003283 Loss of revenue, unspecified.
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7/18'/79 Penn Photo, Ltd.
SUIT 003284 Loss of revent.?, photographer.
7/18/79 Penna. National Turf Club SUIT 003285 Loss of revenue, unspecified.
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Jage ASSIGNMENT CONTROL aOJUSTERS Naut BUSINESS INTERRUPTION CLAI!!S CLAIM NUMBER DATE Rec'd CLAIMANT Basis of Claim REGISTER!
SERlR 7/18/79 The Sport Nit, Inc.
003286 Loss of revenue, unspecified.
7/18/79 Babies Specialty Shoppe / Freedman 003287 Loss of revenue, baby furniture.
7/23/79 R. J. Schreffler 100381 Loss of revenue, trailer park.
7/25/79 Cold Skate /Flaig 000469 Loss of revenue, skating rink.
7/25/79 A11enberry, Inc./Heinze 100384 Loss of revenue, restaurant. _
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Exhibit 3 ADDITIONAL LAWSUITS REPORTED AS OF AUGUST 10, 1979 1.
Sally Mattos and June Radnor t/a The Children's Chifferobe versus Metropolitan Edison et al.
Civil Action Number 79-769.
The owners and operators of a business selling children's clothing located in Camp Hill are seeking damages for irreparable economic loss as well as punitive damages.
2.
John Park and Lenetta Park, Husband and Wife and Jennifer Park, a minor by her parents and guardians John Park and Lenetta Park, versus Metropolitan Edison Company, Babcock and Wilcox Company, J. Ray McDermott and Company, Incorporated, General Public Utilities, Jersey Central Power and Light and Catalytic, Incorporated. Civil Action Number 79-785.
Plaintiffs, residents of Goldsboro, Pennsylvania are seeking damages for decreased valie of real property, loss of income, travel and living expense while evacuees.
Also seeking damages due to exposure to radioactive materials alleging both physical and emotional injuries and expense incident for periodic medical examinations for a minimum of twenty years.
Plaintiffs also seeking punitive damages.
3.
Ms. Jo Ward versus Metropolitan Edison, Babcock and Wilcox, J. Ray McDermott, General Public Utilities, and Jersey Central Power and Light, and Catalytic. Civil Action Number 79-791.
Plaintiff, a resident of Camp Hill seeks damages for:
A.
Depreciation in value of property and economic harm due to loss of income, present and future, as well as travel and living expense as an evacuee.
B.
Emotional infuries suffered and will suffer in the future.
C.
Experac for necessary medical examinations required for a minimum of twenty years.
D.
Also seek punitive damages.
4.
Kathy Mattos, Gayle Elder t/a Cuts N' Stuff versus Metropolitan Edison, Babcock and Wilcox, J. Ray McDermott, General Public Utilities, Jersey Central and Catalytic Inc. Civil Action Number 79-796.
Plairtiffs are owners and operators of a beauty salon located in Mechanicsburg, Pennsylvania and are seeking damages for irreperable economic business loss as a result of lack of public interest in-shopping center and contaminated merchandise rendering plaintiffs' products and services worthless.
Also seeking punitive damages.
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Ronald E. Buchart t/a Newberry Farms versus Metropolitan Edison, Babcock and Wilcox, J. Ray McDermott, General Public Utilities, Jersey Contral and Catalytic. Civil Action Number 79-832.
Plaintiff operating a business establishment in York Haven, Pennsylvania seeks damages for:
A.
Irreparable economic loss including property devaluation, public's fear of contaminated merchandise and public's lack of interest in shopping center, and B.
Punitive damages.
6.
Pancake House Realty Company, Incorporated versus Metropolitan Edison, Babcock and Wilcox, J. Ray McDermott, General Public Utilities, Jersey Central and Catalytic. Civil Action Number 79-850.
Plaintiffs operate various business establishments -- Riverview Motel, 840 North Front Street, Wormleysburg, Pennsylvania, Traveler's Lounge, 860 North Front Street, Wormleysburg, Pennsylvania, Perkins Pancake House, 880 North Front Street, Wormleysburg, Penn-sylvania, are seeking damages for:
A.
Irreparable economic loss inicuding lost operatiM time, loss of sales and property devaluation, B.
Public's lack of interest in area as result of accident, C.
Public's fear of contaminated merchandise, and D.
Punitive damages.
7.
Jack Freedman t/a Babies Specialty Shoppe versus Metropolitan Edison, Babcock and Wilcox, J. Ray McDermott, General Public Utilities, and Catalytic. Civil Action Number 79-892.
Plaintiff is owner and operator of a shop selling baby furniture l
located at 3370 Paxton Street, Harrisburg, Pennsylvania.
1 Plaintiff seeks damages for:
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A.
Irreparable economic loss including lost operating time, loss of sales and property devaluation, B.
Public's lack of interest in shopping center and fear of contaminated merchandise render product and services worthless.
C.
Also seeking punitive damages.
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Frank Allen Park versus Metropolitan Edison, Babcock and Wilcox, J. Ray McDermott, General Public Utilities, Jersey Central and Catalytic. Civil Action Number 79-906.
Plaintiff a resident at 109 South York Street, Goldsboro, Pennsylvania and seeks damages for:
A.
Economic hann as a result of property devaluation, loss of income, travel and living expense while an evacuee.
B.
Physical and emotional injuries which will centinue for an indefinite period, C.
Expense of periodic physical examinations for twenty years, and D.
Punitive damages.
9.
Donald Mars and Leah Mars, husband and wife versus Metropolitan Edison, Babcock and Wilcox, J. Ray McDermott, General Public Utilities, Jersey Central, and Catalytic. Civil Action Number 79-912.
Plaintiffs residing at Fiddler's Elbow Road, Middletown, Pennsylvania seek damages for:
A.
Economic harm as result of decrease in value of home, loss of income, travel and living expense while evacuees, B.
Physical and emotional injuries which will continue for an indefin n.e period, C.
Expense necessary for periodic medical examinations for next twenty years, and D.
Punitive damages.
- 10. Joseph Jancovic and Ellen Jancovic, individually and as husband and wife, and Diane Ladika, individually and as parent ar.d natural guardian of Christopher Ladika and Talia Dolo, minors versus Metropolitan Edison, Babcock and Wilcoy, J. Ray McDermott, General Public Utilities, Jersey Central, and Catalytic. Civil Action Number 79-994.
Plaintiffs Joseph and Ellen and their daughter Diane Ladika and her minor children Christopher Ladika and Talia Dolo reside at 7121 Chamber Hall Road, Harrisburg, Pennsylvania, l
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Page 4 Plaintiffs seek damages for the following:
i A.
Economic loss by reason of decrease in value of property, loss of inconw: and travel and living expense while evacuees.
B.
Physical and emotional injuries which will continue indefinitely, and C.
Expense to be incurred by reason of need for periodic medical i'
check-ups for all for the next twenty years.
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AUG IO 1970 l
l W. C. CARRIER 9
IN T1!E UNITED STATES DISTRICT COURT FOR Tite MIDDLE DISTRICT OF PENNSYLVANIA CIVIL ACTION 9 '
L JOSEPil.JANKOVIC and.
ELLEN JANKOVIC, Individually
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and as Husband and Wife; and DIANE LADIKA, Individually and as Parent and Natural Guardian of CitRISTOPIIER LADIKA and TALIA DOLO, Minors 7121 Chamber Hill Road Harrisburg, Pa. 17111
- .JURYTRIAL DEMANDED V.
2 METROPOLITAN EDISON CO.
2800 Pottsville Pike Muhlenberg, Pa. 19605 g
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and
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i BABCOCK & WILCOX COMPANY scRANTON. pt 161 E. 42nd Street New York, New York 10017' jf;g O 1973 j
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J. RAY McDERMOTT & COMPANY, INC.
! DONALD R. DERRY, C?c:h 1010 Common Street
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New Orleans, Louisiana 70112 1
and I CENERAL PUBLIC UTILITIES f 260 Cherry 11111 Road
[ Parsippany, New Jersey 07054 and j JERSEY CENTRAI. PO'IER AND LIGHT CO.
t Madison and Punchbowl 3
fMorriston,NewJersey and f, CATALYTIC, INC.
I: 1500 Market Street Centre Septare Ue.st:
l'h i i tak l ph i rt, Pa. 19102 MO.
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COMUf.AINT IN TRESPASS l-
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T!.a plaintiffs, Joseph Jankovic, Ellen Jankovic, their daughter, Dianu ".adika, and her minor children, Chrl::tophc f Ladika and Talia Dolo, are citizens of the Commonwealth of '
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- Pennsylvania and reside at 7121 Chamber 11111 Road, !!arrisburg, i
Pa. 17111.
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2.
(a) The defendant, Metropolitan Edison Co., is a Pennnylvania corporation doiny business within the Commoruealth I
of Pennsylvania with offices located at 2800 Pottsville Pike, Muhlenberg, Pa. 19605.
(b) The defendant, Babcock and Wilcox Co. is a New
. Jersey corporaation with offices located at 161 E. 42nd Street, New York, New York, 10017.
(c) The defendant, J. Ray McDermott & Cornpany, Inc.
is a Delaware corporation with offices located at 1010 Common i Street, New Orleans, Louisiana 70112.
i (d) The defendant, General Public Utilities is a Pennsylvania corporation with offices located at 260 Cherry I
11111 Road, Parsippany, New Jersey 07054.
(c) The defendant', Jersey Central Power and Light Co.,
has offices located at Madison and Punchbowl, Morristown, Neu Jersey..,
(f) The defendant, Catalytic, Inc. is a Pennsylvanin j
- i corporation with offices located at 1500 Market Street, Centre I
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! Squarc West, Philadelphia, Pa. 19102.
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3.
Jurisdiction is based upon 42 U.S.C.A. 2210 ce seq. and H
[ the amount in controverny c::ceeds Ten Thousanri (0JO,000.00) j i
Doline:.
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upon the derendant: hereia ha f
been made pursunnt to F.!!.C.
4(c) and Title 42 of L'.e P
1' Pennsylvania Consolidated Statutos Annotated, Sectiona 5322 4.nd l
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P60R ORIGINAL i
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Da or about March 28, 1979, t.he defendants, through theic ngenta, ccrvants and cc.ployees. caused radioactive sub-stances to be emitted into the environment, a fact which l
spokepersons for the defendants acknowledged had occurred, at the Three Mile Island Nuclear Power Plant.
6.
The emissions of radiation into the environment neared such dangerous levels that Governor Thornburgh for the Commonwealth of Pennsylvania on March 30, 1979 ordered that all pre-school children and pregnant women evacuate fros within five (5) miles of the Three Mile Island Nuclear Plant. However, due to the uncertainty created by the conflicting statements of the deferdants' spokepersons and state, local and national government spokepersons regarding the dangers of the radiation exposure, the plaintiffs felt compelled to evacuate the. area for their own safety.
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7.
The defendants all contributed to the construction, l
l maintenance and operation of the Three Mile Island Nuclear j
! Power Plant and its component parts.
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The damages sustained by the plaintiffs were caused
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by the negligence, carelessness, rock 1casness, villfulness and I
unntonnt% of t he defendants.
I (a) in f a i l i ng, to properl, de::i"a thc :;t ii! m 8-e as m OBR ORIGINAL l
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l (d).iu usini; faulty and defective component materials *
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.in t he cons;truction oC the r. aid nacicar pouer planti; (c) in exposing the public to such a defective power plant; (f) in failing to warn the plaintiffs of the defects in said nuclear power plant; (g) in failing to exercise due care in the engineer-ing, composition, design, construction and operation of said nuclear power plant; (h) in failing to exercise the high standa5d of care required in the operation of an ultrahazardous activity (i.e.
a nuclear power plant).
I 9.
Defendants knew or in the exercise of ordinary care j
had reason to know of the dangerous effects of its nuclear power i
plant.
10.
The said nuclear power plant and its component compositional parts were under the sole and exclusive possession and control of the defendants, while it was being engineered, composed, designed, constructed and operated.
l 11.
Defendants operated said nuclear power plant and its i
! component parts in a deCoctive condi. tion unrenconably dan;.ccom:
i li6 to t he plaintiCCn and t.ht'.i c property, and harm van theerby I.
c:"u.ed ! o t h t-plaint 111:
't 12.
The defendants are engaged.in tie hunine.. of I
l designing, manufacturing, constructing and selling of the cota-I I ponent parts of the said Three Mile Island Nuclear Power Plant l
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I and those component part:.; were expected to and did reach the
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nuclear power plant without substantial change in tihe condition in which they were designed, manufactured, constructed and sold.
i
- 13. The defendants in constructing and operating a i
j nuclear power plant and its component pat cs in such a defective l ' condition as to be unreasonably dangerous to consumers, violated the standards of Section 402A of the Restatement of Torts (II).
- 14. As a result of the foregoing, the plaintiffs' home and their property have decreased in value and the plaintiff's have also suffered economic harm including but not limited to loss of income and travel and living expenses while evacuees.
l 15.
Further, the plaintiffs, due to the exposure to
!i radioactive materials emitted from the defendants' nuclear power plant had suffered physical and emotional injuries and will continue to do so for an indefinite period.
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16,. In the future the plaintiffs will need to under go i medical examinations on a periodic basis to determine the full I
'i extent of their injuries as a resul: of the defendants' l
! negligent and wrongful conduct. The need and expense for these I
l!, examinations will exist for a minimum of twenty (20) years.
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17.
Due to the extraordinaq negligence on the part of jl l-the de fend:uir:..in v.iew o f the pormitial ri: k th a t a nuc lerie pt,..c e 1
i pimii pon::c:
.c a, pl:i;.Iit Ino d u:nd I hat. puni t ive d:::. ;'e.,
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l' be n arded in their favor.
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f 18.
Furthar, the plaintiffs demand a trial by jury ca i
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!j all issues. of this action.
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U1!ErdWORK, Jud;; ment is demanded jointly and severally against the defendants by the plaintiffs for economic losses and physical and emotional injuries in an amount in excess of Ten Thousand ($10,000.00) Dollars as well as punitiva damages in an amount in excess of Ten Thousand ($10,000.00) Dollars.
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[JohnJ.WBrien,Jr.
Richard F. Rosen John J. O'Brien, III Attomeys for Plaintiffs b.
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