ML20003B665

Civil Action 81-0003,A Bratic,Et Al Vs Met Ed,Et Al in Us District Court for Middle District of Pa.Alleges Negligence Causing Increased Probability of Cancer, Physical & Mental Damage & Decreased Property Value

ML20003B665
Person / Time
Site:	Three Mile Island
Issue date:	01/05/1981
From:	Bratic D, Tarasi L AFFILIATION NOT ASSIGNED
To:	U.S. DISTRICT COURT, MIDDLE DISTRICT OF PENNSLYVANIA
Shared Package
ML20003B662	List: ML20003B661 ML20003B665
References
81-0003, 81-3, NUDOCS 8102250128
Download: ML20003B665 (17)

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! IN SfE C';ITIO STATES DISTRICT COURT FOR 5: itIO':LE ::ISTRIOT Cr i PE;;NSYLVANIA l

( AN::REA K. BRATIC and KELLY A. BRATIO, )

, p Minors, by their parent and natural )

h guardian , KATHLEEN )

g BRATIC and KATHLEEN )

ej 3 RATIO, in her own right; )

[ ERIC B. ENOLE and MINOEL K. ENOLE, )

his wifa; )

i)i NCRMAN FROMM, a Minor, by his parents )

and natural guardians, JACR A. ) I

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I TROMM, SR. and KATHRY!; H. FROMM, and )

E JACK A. FROMM and KATitRYN H. FROMM, in )

{l their own right; )

NICHOLE N. OLINNY, LEE A. CLENNY, )

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and LCRI A. GLENNY, Minorm, cy their )

i: parents and natural quardians, WILLIAM )

h A. GLENNY, JR. and CONNIE L. GLENNY, )

I and WILLIAM A. GLENNY, JR. and CONNIE ) ,

g> p L. GLENNY, in their own right; ) ',,*gs t,.a ,4 RICKEY LYNN HOFFMAN; ) :5 <

i; BARRIZ M. HUCHES and JON! 3. HUGHES, ,' Q' \

i. his wife;

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[y THERESA A. LE00ER, JOHN K. LEOGER and ) 7 9' . 4 LAWRENCE P. LE00ER, Minors, by their ) , md LfF lJ parents and natural guardians, JOHN M. )

LE000R and LISA LEOGER, and JCHN M. 'Op gg~

j LEDGER and LISA LE007.2, in their own

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right; )

q ANGELA D. LOVELL and ADAM J. LOVELL, )

h Minors, by their parents and natural )

b guardians, OUANE LOVELL and CIN0Y )

LOVELL, and OCANE LOVELL and CIN0Y s

[:

I LOVELL, in their own right; )

i OCNAL:: S. McCARTf and ELISE M. McCARTI,) ,

h his wife; )

d MOLLY McCARTY; )  !'

'j; PRISCILLA PLETCHER and PAUL PLETOEER, ) I

]; Minors, by their parents and natural )  !

I guardians, MARLIN 0 PLETCHER and LOUISE ) l PLETCHER, and MARLING PLE CHER and )

ji LOUISE PLETCHER, in their own right; )

g i C. TERRY SELLIRS; }

p JOSEPH T. TATE, OR. and LOLO SELLE )

.l TATE, his wife; )

l' SANOIEP A. THAKRAR and MONICA A. }

THAKRAR, Minors, by their parents and )

natural quardians, ANIL C. THAKAAR and )- .

J NEEMA A. THAKRAR, and ANIL C. THAKRAR )

if and NEE:!A A. THAKRAR, in their cwn )

f right; )

i V. EUGENE WOOONARO and CINDY K. )

h WOOOMARO, his wife; )

f GREOORY V. WORONA, MARC A. WORONA )

[' and STEPHANIE L. WORONA, Minors, by )

their parents and natural quardians )

. VALENTIN WORCNA and A. LISIA WORONA, )

E and VALENTIN WORONA and A. LOSIA ) {

, WORONA, in their own right, )

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I l 5 METROPOLITAN EDISCN COMPANY, 1 JERSEY CENTRAL POWER & LIGil? COMPANY, )

i BABCCCK & WILCOX COMPANY, IN'., J. RAY )

F MCOERMOTT & COMPANY, INC., )

a GENERAL PUBLIC UTILITIES CORPORATION )

and DRESSER INCOSTRIAL VALVE and )

i INSTRUMENT DIVISION OF CRESSER )

l. INDUSTRIES , INC., and CATALYTIC, INC., )

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Defendants. )

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C0MPLA INT AND NOW ccme the plaintiffs, above named, by their attorneys, TARASI & TIGHE, and Louis M. Tarasi, Jr., Esquire, I.

and Dusan Bratic, Esquire, and bring this civil action pursuant P

to F.R.C.P. 20, to obtain damages and the costs of suit from

,h the defendants named herein, based upon the following allegations:

i I.

g JURISDICTION AND VENCE b.

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1. Jurisdict'.on of this action is specifically conferred upon this Court pursuant to 28 U.S.C. Sections 1331 and 1337, i

, and 42 U.S.C. Section 2210 (n) (2) . The amount in centroversy as to each of the named Plaintiffs exceeds the sum of $10,000.00,

, exclusive of interest and costs. In addition, this Court has 3

e

[ pendent jurisdiction to consider all applicable state toct law '

claims.

. 2. Venue 12 proper in the Middle District of I

Pennsylvania, which is where the cause of action arose, the l -

l Plaintiffs are residents of, do business in, and/or own i

l property in such district, and the Defendants do business in such district. 42 U.S.C. Section 2210 (n) (2) .

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II.

PLAINTIFFS

3. (a) Andrea K. Static and Kelly A. Bratic, minors, s'

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are citizens of the Commonwealth of Pennsylvania residing with !

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their parent and natural guardian , Kathleen l Bratic, at 2709 fiill Road, Grantham, Pennsylvania 17027.

I J Xathleen Bratic is an individual and citi:en of the Cor.smonwealth of Pennsylvania residing I

at 2709 Mill Road, Grantham, Pennsylvanis 17027.

n l'. (b) Eric B. Engle and Mindel K. En gle are I

l 4 individuals, huseand and wife, and citizens of the Comsonuealth l

j; of Pennsylvania residing at 39 Walmar Manor, Dillsburg, f Pennsylvania 17019.

(c) Norman Troca, a minor, is a citizen of the

$ Cocaonwealth of Pennsylvania residing with his parents and natural guardians, Jack A. Fromm, Sr. and Kathryn H. Frora, at i,

h Hollow Creeks Estates, R.D. 93, Lot 76, Dover, Pennsylvania i

I! 17315. Jack A. Frora, Sr. and Kathryn H. Fromm are bl ,

individuals, husband and wife, and citizens of the Commonwealth of Pennsylvania residing at Hollow Creeks Lstates, R.D. 93, Lot 76, Dover, Pecnsylvania 17315.

(d) Nichole N. Glenny, Lee A. Glenny and Lori A.

Glenny, minors, are citi: ens of the Comonwealth of Pennsylvania residing with their parents and natural guardians, c:

William a. Gianny, Jr. and Connie L. Glena.y, at R.D. f3,

Dillsburg, Pennsylvania 17019. William A. Glenny, Jr. and

[ Connie L. Glenny are individuals, husband and .-if*, a'.d citizens of the Commonwealth of Pennsyvania residing at R.D.

83, Dillsburg, Pennsylvania 17019. ,

(e) Rickey L. Hof fman is an individual, and citizen l

) of the Commonwealth of Pennsylania residing at R.D. II, h

b Dillsburg, Pennsylania 17019.

I j (f) Barrie M. Hughes and Jnni S. Hughes, are l!

p individuals, husband and wife, and citi: ens of the Commonwealth f of Pennsylvania residing at Holicw Creek Estates, R.D. 13, lot i h j d s i h

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(~ r 13, Dover, Pennsylvania 17315.

!l (g) Cheresa A. Ledger, John K. Ledger and Lawerence

. P. Ledger, minors, are citizens of the Ccr.monwealth of

Pennsylvania residing with their parents and natural guardians,'

s ii John M. Ledger and Lisa Ledger, at R.D. 5, Box 22, Dillsburg, I

l Pennsylvania 17019. John M. Ledger and Lisa Ledger are h

h individuals, husband and wife, and citizens of the Ccame wealth i

I of Pennsylvania residing at R.D. #5, Box 22, Dillsburg, E

l; Pennsylvania 17019.

(h) Angela D. Lovell and Adam J. Lovell, minors, are

[s i: citizens of the Commonwealth of Pennsylvania residing with I'

' their parents and natur,al guardians, Duane Lovell and Cindy

- Lovell, at R.D. 1, Box 276, Lewisberry, Pennsylvania 17339.

Duane Lovell and Cindy Lovell are individuals, husband and l

I wife, and citizens of the Commonwealth of Pennsylvania residing .

at R.D. 1, Box 276, Lewisberry, Pennsylvania 17339.

h (i) Donald J. McCarty and Elise M. McCarty, are

, individuals, husband and wife, and citizens of the Commonwealth 1

of Pennsylvania residing at 331 East Lisburn Road, l Mechanicsburg, Pennsylvania 17055.

l (j) Molly McCarty is an individual, and citizen of the Commonwealth of Pennsylvania residing at 331 East Lisourn

. Road, Mechanicsburg, Pennsylvania 17055.

(k) Priscilla Pletcher and Paul Pletcher, minors, are citizens of the Commonwealth of Pennsylvania residing with g their parents and natural guardians, Marling Pletcher and i:

Louise Pletcher, at Hollcw Creek Estates, R.D. 3, Dover, Pennsylvania 17315. Marling Pletcher and and Louise Pletcher

!l are individuals, husband and wife, and citizens of the b

e Commonwealth of Pennsylvania residing at Hollow Creek Estates, I, R.D. 3, Dover, Pennsylvania 17315.

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, ij (1) C. Terry Sellers is an individual and citizen of '

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the Commonwealth of Pennsylvania residing at 3 Shadow Drive, Carlisle, Pennsylvania 17013.

1. (m) Joseph T. Tate, Jr. and Lulu Belle Tate are I! individuals, husband and wife, and citizens of the Commonwealth

!i of Pennsylvania residing at R.D. 2, Pottsville Road, Etters, l I

Pennsylvania 17319. l-

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Ij (n) Sandeep A. Thakrar and Monica A. Thakrar, l

h minors, are citi: ens of the Commonwealth of Pennsylvania  !

residing with their parents and natural guardians, Anil C.

Thakrar and Neema A. Thakrar, at 533 Springhouse Road, Ca=p

. Hill, Pennsylvania 17011. Sandeep A. Thakrar and Monica A.

Y Thakrar are individuals, husband and wife, and citizens of the ,

Commonwealth of Pennsylvania residing at 533 Springhouse Road, I Camp Hill, Pennsylvania 17011.

(o) V. Eugene Woodward and Cindy K. Woodward are individuals, husband and wife, and citizens of the Commonwealth j of Pennsylvania residing at R.D. 2, Box 249, Mechanicsburg, P

j Pennsylvania 17055.

(p) Gregory V. Worona, Marc A. Worona and Stephanie

( L. Worona, minors, are citizens of the Commonwealth of Pennsylania residing with their parents and natural guardians, i'

4 Valentin Worona and A. Lesia Worona, at 920 South 61st Street,

{ Harrisburg, Pennsylvania 17111. Valentin Worona and A. Lesia i'

Worona are individuals, husband and wife, and citizens of the k Commonwealth of Pennsylvania residing at 920 South 61st Street, I

d Harrisburg, Pennsylvania 17111.

O p III.

E l- DEFENDANTS

't h 4. (a) General Public Utilities Corp. ("GPU"), is a ii y public utility holding company. GPU is the parent company of f Metropolitan Edison Co., (" Met Ed") another defendant herein.

I q GPU's principal offices are located at 260 Cherry Hill Road, l ",

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i e' I Paraippany, New Jersey 07054. ~

(b) Metropolitan Edison (" Met 2d"), is a corporation t.

o engaged in the production and sale of electicity. Met Ed is a

. e subsidiary of CPU, is a 50% owner of the Three Mile Island b

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! nuclear powered electric generating facility and is the i I I operator of that facility. Met Ed's pr'.ncipal offices are '

h located at Post Office Box 542, Reading, Pennsylvania 19703.

[: (c) Jersey Central Power & Light Co. (" Jersey l i

Central"), is a corporation engaged in the business of i,

producing and selling electricity. Jersey Central is a t subsidiary of GPU ard is a 25% owner of the Three Mile Island nuclear powered electric generating facility. Jersey Central's

!. principal offices are located at Madison and Punchbown, li d Morristown, New Jersey.

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(d) Pennsylvania Electric Co., (" Pennsylvania Elec tr ic") , is a corporation engaged in the business of l-a producing and salling electricity. Pennsylvania Electric is a fF subsidiary of GPU and is a 25% owner of the Three Mile Island nuclear powered electric generating facility. Its principal offices are located at 1001 3 road Street, Johnstown,,

J Pennsylvania 15907.

b (e) Babcock'and Wilcox Conpany, (" Babcock"), le a 0

! cuosidiary of J. Ray McDermott & Co., Inc. Babcock is in the tusiness, inter alia, of designing and constructing nuclear j!

i powered electric generating facilities and did so with respect l

d to the Three Mile Island facility. Babcock is a New Jersey I '

Corporation with its principal office at 161 East 42nd Street,

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k New York, N.Y. 10017.

(f) J. Ray McDermott & Co., Inc., ("McDermott"), is i the parent and controlling ctmpany of Babcock and is a Delaware P 1 1; corporation. McDermott's principal offices are located at 1010 n .

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[ Common Street, New Orleans, Louisiana 70112.

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, (g) Dresser Industrial valve and Instrument Division l' l of Deecser Industries, Inc., (" Dresser"), is in the business,  ;

intar alia, of designing, manufacturing and supplying valves t

i and other fittings used in the construction, operation and j I

maintenance of nuclear powered electrical generating facilities i

cnd did sc with respect to the Three Mile Island facility.

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!j Dressee is a Delaware corporation with its principal place of business in Texas. I 8

(h) Catalytic, Inc., (" Catalytic"), is the corporation responsible for maintenance of the Three Mile P

[; Island facility. Catalytic's principal offices are at 1500 P

'[ - Market Street, Centre Square West, Philadelphia, Pennsylvania 19102.

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y IV.

FACTS GIVING RISE TO PLAINTIFFS' CLAIMS FOR DAMAGES

5. Defendants GPU, Met Ed, Jersey Central and e

j- Pennsylvania Electric are the owners of the nuclear electric l'

ll generating plant at Three Mile Island.

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f 6. Defendant Babcock was the contractor responsible for l! engineering and construction of the nuclear powered electric generating plant at Three Mile Island.

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7. Def'endant Dresser supplied defective and/or

} inoperative valves, and/or fittings, and/or equipment to the

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Three Mile Island nuclear powered electric generating plant.

8. Defendant Catalytic was the company responsible for

! maintenance of the Three Mile Island facility.

! 9. The construction and operation of the nuclear powered lI electric generating plant at Three Mile Island was duly J

f licensed by the United States Nuclear Regulatory Commission i-( ("NRC").

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10. The operation of the Three Mile Island nuclear

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generating facility is an ultra hazardous activity in that it  ;

necessarily involves a risk of grave and serious harm to  !

surrounding persons, land and chattels for the following t, reasons:  !

t j,, (a) Radioactive materials are used in the routine l operation of this facility. If exposed to human beings, these

[ radioactive materials will cause cancer, death, disfigurement, genetic damage, burns, respiratory alla.ents, and other injury '

and disease;

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E (b) The operation of Three Mile Island nuclear 4!

I facility involves the use of radioactive material in a manner h

j. calculated to cause the telease of huge amounts of nuclear l' .

d energy with the attendant risk of explosions, fires, and/or ii nuclear f:ll-out, so huge in magnitude as to be potentially g destructive of all human and animal life within at least a i:

fe sixty (60) mile radius of the Three Mile Island facility.

i: 11. Acting through their duly authorized agents, I

workmen, servants and employees, defendants designed, ll constructed, maintained and cperated the Three Mile Island l-n nuclear facility in conscious disregard of a known high degree E

!, of risk of grievious bodily harm, and injury to the land, 1:

chattel *, business and^ property of those persons located within

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L at least a sixty (60) mile radius of the utility - defendants' r

nuclear facility. Specifically, defendants continued

, operations of Three Mile Island nuclear power plant, witnout y alteration or modification of its design, construction, or operational routine, after the following occurrences:

(a) In September cf 1977 there was a fire in the facility which caused damage to the scaffolding used in

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[ (b) In March of 1978, an unplarned generation stoppage occurred; and t I l s .

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(c) On January 15, 1373, the facility was shut dcwn .

I i for two (2) weeks because of " mechanical malfunction.' '

12. At all times material hereto, defendants kr.ew that

inasmuch as the Three Mile Island nuclear facility routinely 1

b applied the process of nuclear fission to radic2ctive materials, there was a substantial and unreascnable risk that a malfunction in the facility would cause explosion, fires, nuclear fall-out, radioactive emissions, and bodily harm, death

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i anddamagetopersons,landandchattelswithinthevicinityofl

[ the Three Mile Island facility and a sixty (60) mile radius

!! therefrom.

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13. Defendants f, ailed to exercise reasonable care for the protection of Plaintiffs from the risks of harm enumerated h in the immediately preceding paragraph in that, among other

[ things:

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, (a) The design of the Three Mile Island faci"ity

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[ not such as to preclude the untaasonable risk of a major

$ nuclear accident due to human error; (b) The design of the Three Mile Island facility is inadequate in that it fails to provide adequate safeguards against the unreasonable risk of nuclear catastrophe caused by

[ sabotage or terraristic acts; f

j: (c) The defendants failed to provide a cooling k system for the nuclear reactor at the Three Mile Island facility which was adequate to prevent the unreasonable risk i' that the radioactive materials in the core of the reactor would 6.

l  !: melt, destroying the reactor and escaping into the atmospherer l p (d) The defendants failed to provide adequate safety i

[ or back-up systems to avoid the unreasonable risk that the L,

!. reactor would malfunction in a manner which would lead to a i b i

< melt-down of the radioactive core of the nuclear reactor, t l

l: radioactive emissions, fire, and/or explosions  ;

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b (e) The defendants failed to provide an adequare '

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' i safety system to avoid the unreasonable risk that the nuclear  !

, n reactor at the Three Mile Island facility would overheat with L

r the attendant risk that the radioactive material contained -

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I h therein would melt, causing fire, explosion, and extremely I I

dangerous radioactive emissions; (f) On March 28, 1979, defendants' agents, workmen, I servants and employees, acting within the scope of their I

\; authority, failed to take proper measures to avoid overheating i of the nuclear reactor when a red warning light flashed in the 4 Computer Control Room of the Three Mile Island facility. In b

d' particular, they turned off the cooling system for the nuclear h reactor which caused temperatures inside the reactor to rise to il unreasonaoly high levels, failed to take proper measures to i

detect and prevent escaping radiation and f ailed to institute

! appropriate safety measures to prevent the reactor from h becoming overheated, catching on fire, or exploding; I;

h- (g) Defendants failed to provide proper and adequate training and testing of personnel responsible for cperating the i nuclear facility at Three Mile Island.

(14) There were defects in the manufacture, design,

, and/or installation of the, nuclear reactor at the Thres. Mile l

Island nuclear facility, 'n violation of Restatement (Second) i of Torts, Sections 402A and 4028.

(15) There was a miscarriage of an ultrahazardous ,

I i! activity, namely, *he activity.of operating a nuclear facility.

l' y (16) On or about, and continuing after, March 28, 1979, i

, an accident occurred at the nuclear powered electric generating plant at Three Mile Island which resulted in:

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!! (a) The release of radioactive steam into the

': atmosphere above Three Mile Island; i

if (b) The release of radioactive water into the C

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Suscuehanna River;  ;

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.: (c) The development of conditions within the reactor;

' I h creating a real and immediate threat of at least: l

. (1) a nuclear explosion resulting from the i

'r formation of a large hydrogen bubble in the reactors 4

r (ii) the overheating of the nuclear materials to 0

h such a point that they would have burned or melted through the U

g floor of the reactor building and down into the ground i

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(" meltdown") resulting in a further massive discharge of radioactivity into the atmosphere, the water and the ground at I ll and surrounding Three Mile Island, andr (l- (iii) other miscarriages resulting in the further l? -

discharge of radioactive material into the atmosphere, water and soil around Three Mile Island.

lli 17. As a direct and proxt:aste result of the situation i

j engendered at Three Mile Island, as set forth hereinabove, the Governor of Pennsylvania advised all pecgnant women and all a

children under five (5) years of age to evacuate the area j l

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within five (5) miles of Three Mile Island and advised persons-within ten (10) miles of Three Mile Island to remain indoors.

In addition, schools were closed in the area surecunding Three i I Mile Island and numer'ous persons did not report for work i throughout the area. Moreover, the State government began l developing plans for the evacuation of more than 600,000 i

persons from-the area within a radius of twenty (20) miles

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I - surrounding Three Mile Island. Although no such massive evacuation was c:erled out, Plaintiffs believe and therefore avec that as a result of the above described nuclear accident, I)!

I and its potential for causing a massive release of f radioactivity throughout the area, more than 75,000 people in :'

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.A, the exercise of reasonable care and prudence actually left the '.

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miles around Three Mile t,

s area within a radius of twenty (20)  ;

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Island between March 29, 1979 and April 4, 1979. l

18. The facts set forth in Paragraphs 16 and 17 hereof L 4 q were widely reported by the various news media throughout the i:

h area surrounding Three Mile Island.

19. Plaintiffs believe and therefore aver that the I aforesaid accident at Three Mile Island will continue to cause

!? people to leave the vicinity, will deter others from moving into the area and from purchasing property within the area, and (li will deter people from purchasing food and other consumer goods j processed or manufactured within the area.

WHERE? ORE, pursuant to the Restatement of Torts 2nd, h Sections 402A and B and the general principles of negligence b

and express and implied' warranties, the Plaintiffs bring this f action against the said Defendants. Provisions of the I applicable law of the Commonwealth of Pennsylvania apply to

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( this action and render said Defendants liable jointly and/or severally for the damages and injuries to the Plaint ffs.

!i f Plaintiffs also claim punitive damages.

. A JURY TRIAL IS DEMANDED.

4 V.

i NATURE O? THE INJURIES DIRECTLY AND PRCXIMATELY SUSTAINED BY PLAINTIFFSFRCM THE NUCLEAR ACCIDENT if h 20. Certain plaintiffs were forced to evacuate the area 9

, for a period of time, causing expense and loss of income.

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21. Cartain plaintiffs were exposed to radiation released from Three Mile Island and will require constant ff medical monitoring in the future and may require medical 1:

!I treatment therefrom.

I ji 22. Certain plaintiffs sustained serious emotional injury as a result of their exposure to such additional 9 [i radiatien, and have or may develop an unusually high level of ii f

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i fear of develepti.] cancer in the future, thereby shortening i

. their life expectancy and causing the present diminution of the '

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t. enjoyment of life.

, 23. Certain plaintiffs have experienced material decline f  !

in the value of real property owned within sixty (60) miles of

{ l f Three Mile Island.  !

[ 24. Certain plaintiffs experienced a substantial loss of

. I j; profits in their businesses due to mass evacuation from the f I

h. Three Mile Island area.  !

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25. The full extent of the injuries sustained by  !

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. plaintiffs as a result of exposure to the radioactive naterials '

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'h being emitted fecm defendants' Three Mile Island facility is  ;

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presently unknown to plaintiffs, but such knowledge is in the "

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[f: process of being obtained. However, proper medical procedure

', dictates that plaintiffs and those other persons who have been j exposed to the radioactive emissions from defendants' Three i

j Mile Island nuclear facility should be examined at least four t

j (4) times a year for the next twenty (20) years in order to

.f'i detect and effectively treat the cancerous conditions or other j effects of radiation exposure which will likely result in ff 1:i plaintiffs as a result of their exposure to radioactive materials.

1: COUNT I b

(NEGLIGENCE) i i 26. The averments contained in paragraphs (1) through (23) supra, are incorporated by refteence herein as if fully set forth.

27. The nuclear " accident" which occurred at Three Mile

[, Island on or about March 23, 1979, was pros:imately caused by si the negligence of some or all of the named defendants, acting C

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either alone or in combination with each other and/or with f p others in designing, and/or manufacturing, and/or constructing, i

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f; and/or maintaining, and/or supplying, and/or leasing the l- i p nucicar power plant at Three Mile Ialand or component parts  !

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thereof.

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28. As a direct and proximate result of the said negligence, plaintiffs have suffered, are suffering and will

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I 1 continue to suffer the following losses and damages: '

(a) Individual plaintiffs have been exposed to radioactive emissions from Three Mile Island ano' thereby to a 5

[ substantially increased probability of incurring cancer and/or t

k genetic defects and other adverse effects of radiation exposures!

(b) Individual plaintiffs have been subjected to the t

f necessity of evacuating their homes either pursuant to the p recommendations of the Governor of Pennsylvania or in the exercise of reasonable prudence and due carer (c) Plaintiffs have been deprived of the peaceful' use and enjoyment of their property; (d) Plaintiffs businesses have been damaged in that i products may have become centaminated or spoiled, customers and l prospective customers fear the contamination of loe=1 food t

fn products and patronage has fallen off because of people leaving; 1 and/or staying away from the arear n

[ (e) Plaintiffs have been injured by the diminu'wica

[ of the financial value of their preperty and business; thus b

( giving rise to a cause of action under principles of federal

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6 common law, the Price-Anderson Act (42 U.S.C. Sections 2210 et i

seq.), and under the law of the Commonwealth of Pennsylvania.

p 29. Plaintiffs have suffared physical, mental and emotional damages, and property damages.

. 30. The damages to Plaintiffs in the aggregate may at E

i! least equal S560,000,000.00, the statutory figure as to some of these causes of action, k

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i tGEREFCRE , the Plaintiffs claim damages of the it c

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Defendants, jointly and/or severally, in an amount in excess of' f.

Ten Thousand ($10,000.00) Dollars, exclusive of interest and costs of this suit, including witness fees, and n' reasonable attorney's fee. Plaintiffs also claim punitive damages.

,,,a A JURY TKIAL IS DEMANDED.

i d COUNT II l

(STRICT LIABILITY)

ULTRARAtARDOUS ACTIVITY h

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!; 31. The averments contained in paragraphs (1) through n .

li (30), suora, are incorporated by reference herein as if fully 9

set forth.

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32. The nuclear'" accident" which occurred at Three Mile Island on or about March 28, 1979, was proximately caused by h

the strict liability for an ultrahazardous activity of some er all of the named defendants, acting eithte alone or in i.l l,:i combination with each other and/or with othirs in designing, t.

P and/or manufacturing, and/or constructing, and/or maintaining, i and/or supplying, and/or leasing the nucleir power plant at 9

-  !, Three Mile Island or component parts thereof.

33. As a direct and proximate result of the said strict i[n:

E liability, plaintiffs'have suffered, are suffering, and will ,

' ... a continue to suffer, the injuries set forth in Section V, s uc r a ,1, and the damages set forth in paragraph (28), su?ta.

34. Plaintiffs have suffered physical, mental and l

emotional damages, and property damages.

Y' p 33. The damages to plaintiffs in the aggregate may at b least equal 5560,000,000.00, the statutory figure as to some of Y

p these causes of actica.

p WHEREFCRE, the Plaintiffs claim damages of the i

i defendants, jointly and/or severally, in an amount in excess of' i

Ten Thousand (S10,000.00) Dollars, exclusive of interest and i

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costs of this suit, including witness fees and a reasonable atterney's fee. Plaintiffs also claim punitive damages.

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) A JURY TRIAL IS DEMAN0ED.

?

i Il COUNT III

'i-'

(STRICT LIABILITY SECTIONS 402A and 402 3)

' The averments contained in paragraphs (1) through 36.

- (35), suera, are incorporated by reference herein as if fully

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set forth.

] 37. The nuclear " accident" which occurred at Three Mile k

Island on or about March 23, 1979, was proximately caused by the strict liability under Sections 402A and 4023 of the Restatement of Torts 2nd, of some or all of the named P

y defendants, acting either alone or in combination with each

,other and/or with others.in designing, and/or manufacturing,-

! and/or constructing, and/or maintaining, and/or supplying, jj and/or leasing the nuclear power plant at Three Mile Island or

component parts thereof, i

, 38. As a direct and proximate result of the strict liability under Sections 402A and 402B of the Restatement of i-Torts 2nd, plaintiffs have suffered, are suffering, and will continue to suffer the injuries set forth in Section V, runra, lt fI and the damages set forth in paragraph (28), suors.

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39. Plaintiffs have suffered physical, mental, and f

l emotional damages, and property damages.

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, 40. The damages to plaintiffs in the aggregate may at

'i 1 east equal S560,000,000.00, the statutory figure as to some of

[l these causes of action.

]

! WHEREFORE, the Plaintiffs claim iamages of the li lJ Defendants, jointly and/or severally, in an amount in excess of a

Ten Thousand ($10,000.03) Dollars, exclusive of interect and ld l costs of this suit, including witness fees and a reasona:le

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p attorney's fee. Plaintiffs also claim punitive da. sages.

A JURY TRIAL 13 DEMANDED.

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, Respectfully submitted, TARASI & TIGHE I::

By l2 Louis M. Tarasi Jr. /

,' 510 Third Avenue .'

Pittsburgh, PA 15219 l eleph ne: (412) 391-7135 1 6

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I By l'

Dusan Bratic h' Number 4 j U.S. Route 15. North

[ Dillsburg, PA 17019 y Telephone: (717) 432-9706 h

I Attorneys for Plaintiffs i

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