ML20010B587

Amended Complaint of C Hunter Alleging const-type Injuries Per Civil Action CV-80-499,filed in Circuit Court of Houston County,Al

ML20010B587
Person / Time
Site:	Farley
Issue date:	04/02/1981
From:	Julie Ward WARD, J.A.
To:
Shared Package
ML20010B585	List: ML20010B584 ML20010B587
References
CV-80-499, NUDOCS 8108170273
Download: ML20010B587 (5)

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7N Tile 'CI'd:l!IT COIP.T citant.1::. til I:T!!':

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g or llOt:3TO:t (;ry;;r!".'

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M.MAftA D.\\!!13CI, Cit!;TRitCTI ON ' CO.

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INC. ; AI.AHAMA PtM.'ER COMPANY: and.DF.FrNOANTS

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P. and C.! the persen, firm, partnership, corporation

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or assoc intion who manu-factured, distributed.

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placed in co',merce or,,put to use'ene substence that

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contaminated the eyes of

-the Plaintiff at.the

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'Farley.Nuc1 car Plant

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construction site in Houston County, Alabama.

..on.or about the 26th

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et,4y of November, 1979, whose nunc. or namen nre

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otherwise unknown but-

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will be added by amend-

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-ment when ascertained

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Defendant CIVII. ACTION NO. CV-80-499 '

I C0ffPl.AINT (AS AMi:fjpqD)_

Con:es now the Plaintif f, Charles llun'ter, by.nnd through

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his undersigned.ittotnev, and f t les the followin;. anonded complaint.

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1.

The Plaintiff was cuployed as a full. time electricjan 7 - wir!. h. leon cor;ioration at the Parley Construction Project in -

.it.ust on Coun ty. Al abama, on or ahone November. 26 - 1979. - wht rt the riainti f f an'd his ' co-emnl.ovces ycre pulliny, electrical ccbles to the pl ans and. spoe_i. li.c.a._t i.ons.for con.s t. rur t..io.n at the nurswin t Farle. Renctor i!2 at the,.n for,t;nent i.oned construction site. D g i.4,

.tranh, dus,t and other matter had at.t.h.at time acc.umula,;cd on top o f tb..ne.. c.ab,les, in the cable I. rays t.har the nnid cabics rest upon sn: on t.op oi the cahic juncti on 'bo:: which formn the poinc of In or.:..celon o f varf eius enbles. As the Plaint.if f nnd hir. ro-cmployees w l i... :

..n nne,,r the a forcr entf o icd cables. r.nid debris, tranh and l

Just bec..me_ 'disloily;ed and fell directly into the face 'and_cyu of

..'e Plainri~f.

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The Defendanc Danici Construction Co., Inc.. by an.d through its agents, servants or employees, wan under a duty to 1 cep said cables. c.ble t. rays and junction box covers reasonahiy free from debris, trash and c'unt, which said duty the Defendant.

i Daniel Construction Co., Inc., its agen.s _ scrvants or employeen negligently failed to perform.'

3.

As a direct and proximate result'of 'the Defendant, Daniel Construction Co., Inc., its agents, s, rvants oi-._ cmployees '

negl igence, the Plaintifr was injured and damaged, to-wit:.

Plaintiff suffered perrr.anent injury'tothetear'h,landsinboth' eyes, and as a direct and proximatc result of said injuries, the Plaintiff incurred the following expenses, to-wit Plaintiff in-curred n'ays icians fees for areatment and diagnosis of said injury,

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and will cont.inue-to lncur' t he same bot'h now and in th'e. futurc well a" dru;; and lahnratory bills for treatment of'said injterv a.s and wilI continue t.o incur the name, both now and in' the' future.,

. _s In addition, Plaintif f suf fered lost wages while seeing physicians and h:: vin;, te::t n rini and will continue tu 1.He the same both_now and in the future; and as a direct and proximate rosult of sr.id

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in. jury, the Plaintiff was caused to have great pali.. discomfort' and

- suffering. and still suf fers and will continue ' to ' suffer both now

. v and in the future; and nr a direct and proximate result of said injury to his cyos, the Plaintiff will be caused to lose wages both now and in the future.

WHEREFORE, Plaintiff demands judgment ag inst the Defendant. -

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-Daniel Construction Co.,

Inc., in the sun of $25'),000.00 n's cor pensatory dn.nancs.

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f:Ol'! T 11 1.

I*r to r e o and ein ri n i in.- tminth o f !!overiiher, 1979, g.

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a. fend:mt. Al abana I*o.'.~ r re">an', i rn agents.. st rvants or emnloyees n-re p. s fornini. t he rol lo.r!n i'ut f es, 'namel y: alhaline. fl unhing ent general' cleaning of th. f?

r i he Fa r l e.r :t. :.es,.c

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• ?arley Renefor P.gi l d t en. ?,

ii.n u re the sa fe operation of the !!2 Faricy'!:eactor; and e..id !A i ridant., its agents, servant.s. or employces -

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were perfm nior did ler rebt I ve to t he containment of radint j on within the farley fl React or suAl the prevent.f on of enntamination-bharles Ilunter, the Plaintif f, and other' workmen of Delcon o

corporation employees by radiation, chemicals and other substances c'uring the operation of and r. hut down of thg' #1. Farley Reactor.

2.

The. Defendant, Alabama. Power Company, its ' agents, servants or employees negligently failed to perform the aforesaid duties in

. a reasonable and prudent iminner, and as a direct and prnximate resi$lt

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of said nes.lir,cnce, the Defendant, Alabama Power Company, its nr.cnto, servants, or employees negligently. pla.ced or negligently caused to place in commerce or negligently used or negligently allo'wed to be used, certain chemicals, substances, radivactive snaterials and otner matter, which contaminated the eyes and face of Charles llunter, the Plaintiff herein, and which said negligent contamination directly and oroximately caused the following damage and injury, to-wit:

The Plainti f f suffered permanent injury to the'. lacrinal.,;1anda.

i,wn as tear glands, in both eyes, which caused the : Plaintiff to 4uffer great pain and dincom ort and he still suffers and will r

to.ini.e to surror 'both no e nnd in t.he future.. The Plaint if f has t..a t ne,:..t narv aftil ls as an. le t rician which shall result-in future

anses nf wages. The Plainri f t ha : Incurred the following expenses,

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ph>sicians fees for diar.nosis and treatrnent of his dry exec and he will continue to incur t he same both now and in the ent. ore: Plaintiff has incurred drun bills, laboratory hills, for t reatment of his dry eyes, Inst wages, travel expensis to ace p:. ";1cians and for treatment of his dry eyes. and he will continue to incur the same both now and in the future.

1.'l!CREFORE, Plaintif f derunds judgment against the Defendant,

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A!nhana P ver Compa_ny, in s.he sum of $250,0')0.00 as compensatory

.:a a:res.

- Cul!!!T 111 1.

Prinr t o and shiriny. the snonth of Ilovember, 19 79, t,,h_c Defendants, Daniel Construction Co., ' Inc., a.nd. Alabama Power Company,

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4 their agents, servants or employees negligently perf ormed their respective duties as stated in Count I and Count 11 of this hlaint and stated here by reference thereto, Me Plaintiff, Charles llunter, when he was unrking as an electrician for Delcon,-

Inc.

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2.

As a direct and nroxiruto restalt of the aforesaid De fendant s ' [j oin t, concurrent or separate negligence, which ' con-

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.n hined to produce an inji ry in the eyes of the Plaintif f, the t'lainti f f, Charles llunten:. was perm:mently injured and damaged, to-wit:

!!c suffered perm enent injury to the_. lacrimal glands,

known as tear glands, in both cycs, which caused the Plaintiff to suf fer grunt pain and disenmfort and he still suf fers,nd will continue to suf fer both now and in the future. The Plaintiff has lost necessary skills as an electrician which shall result in future losses of wages. The Plbintiff has incurred the following - "

expenses, to-wit: physicians fees for - diagnosis and treatment of his -

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dry eyes and he will. continue to incur the same both now and in the

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Ifuturc; Plaintiff has incurred dru;; bills, l'aboratory bills for treatment of his dry eyes, lost wages, travel expense' ta see physicians and for treatment of his dry eyes, and he will continue to incur the same both now.and in the future.

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' WilEREFORE, Plaintiff, Charles liunter, demands judgment against the Defendants, jointly, severally or individually, in the amount o f $250,000._00. _to _c_om_ne_nsa.t.e him. fo.r. hi s.injurie.s.

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0 3X!fl3 A.~T44Tib31Y Attorney for Plaintiff / ~

105 North Foster -

IMthan, Alabama 36303' 1

Plainti f f dememon trini hv struck jury.

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4 Cr.Rrir1CATE OF SERVICE

-I, Jame-A. Ward, 111. h chy certify that I have this date served a copy.of the forcrping Motion For Leave to Amend and a

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copy of the Amended Complaint upon H. Dwight McInish.. attorney for. the. De fendant, Danici Construction Co., Inc., by placing said,

.. copy in the U.S. mail, postag>. prepaf 1 'and addressed to him at 5

his correct inailing address on. this O day of Anril,1981.

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