ML20058D680
| ML20058D680 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 07/15/1982 |
| From: | Harward J AMERICAN NUCLEAR INSURERS |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8207270273 | |
| Download: ML20058D680 (9) | |
Text
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JOHN E HARWARD g
We Resdent-Ocens C
V SURT C. PROOM.CPCU P=ad July 15, 1982 Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U.
S. Nuclear Regulatory Commission Washington, D.C.
20555
Subject:
Abstract #92 Alabama Power Company and Daniel Construction Company, et al.
Re:
Joe and Pearlie Robinson
Dear Mr. Saltzman:
Attached find a copy of the Summons and Complaint served upon the defendants in connection with the captioned case.
This claim involves a suit by an employee of Daniel Construc-tion Company who alleges his present illness from leukemia was due to radiation exposure while he worked at the con-struction site of the Joseph M.
Farley nuclear plant.
The plaintiff, Joe Robinson, is joined in this action by his wife, Pearlie Robinson, and together they seek recovery of ten million dollars as a result of the total disability of Mr. Robinson, caused by his leukemia, and the wife's loss of consortium resulting from the husband's illness.
We are providing a defense for Alabama Power Company, but have declined coverage and are not participating on behalf of Daniel Construction Company inasmuch as that company was the direct employer of Mr. Robinson.
Very truly yours, 3Ad~mnS yooI J.
E. Harward i
Vice President, Claims f
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i the ?.eitiff or m.tlan a scawnaHe tune thucafier. If any defer. dant fa.ls su da so, a juJ; ment by defs.:t nay t.c sn 1
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IN Tile CIRCUIT COURT OP JT2TITfff; COUNTY, ALABN4A 1
JOE ROBINSON and iPEARLIE ROBINSON, i
PLAINTIFFS, e
VS.
e DANIEL-CONSTRUCTION-COMPANY, a
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- 4 foreign corporation; A,.B & C,
, being unknown employees of Daniel.
l Construction Company, who were b6) g gyy2.
I5upervisors of Plaintiff but i
failed to provide him a safe place r,,, Gud -fi, jhg c, gs;g c g; to work; D, E & F, unknown employees m;ct CM of Daniel Construction Company who-i
!were foremen of Plaintiff but-failede
- to provide him with a safe place to
' work; G, H & I, unknown employces, of Daniel Construction Company who I
were superintendents and inspectors l of Plaintif f, but failed to provide r
him with a safe place to work; ALABNIS
- PONER COMPANY, J, K & L, being supervisors, foremen, and inspectors
- of Alabama Power Ouqxmy, who were
, yon 93%g 6
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responsible for providing plaintiff with a safe place to work; JOSEPH M. FARLEY NUCLEAR PLANT; M, N & O, CIVIL ACTION NO.
being supervisors, foremen and j
inspectors of the Joseph M.
Farley Nuclear Plant who were responsible for providing plaintiff a safe i
place to work: P,Q,R, S,T,U,V,
,W,X, Y& Z, being any and all unknown parties who were responsible for providing plaintiff with a safe
, place to work but f ailed to do so,
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jthereby allowing plaintiff to be exposed to radiation resulting in j
his contraction of Leukemia; AA l
ithrough GG, being unknown parties who i
are responsible for the designing, planning, building and inspection l
of the Joseph M.
Parley Nuclear Plant in Ashford, but who negligently
-or willfully allowed plaintiff to l
l be exposed to radiation resulting
!in his contraction of Leukemia and I subsequent total disability; HH
! through ZZ, being unknown parties L
lwhoarestrictlyliabletoplaintiff l
for his cr.aosure to extra hazardot s & irc.inmtlp i
dregacas mterial in the nature of radietim
,from the Joceph M.
Far]cy Nuclear
, Plant in Ashford, AL which resulted i
in his contraction of Louhemia and g subnegoent total disability, l
I DEFENDANTS, l
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COMPLA INT i
t k
Comes now the plaintif f s, JOE ROhlNETi and PEAPLIE Feb1S ?ON, :
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t and nake the following allegations against the defendant, to-i f
! wit:
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COUMT I i
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1.
riaintiff, Joe Robinson, was at all times pertinent to this lawsuit and employee of Daniel Construction Company as l
I a cement finisher.
2.
Daniel Construction Company, during periods germane to this suit was' involved in the construction of the Joseph M.
Parley Nuclear Plant.
3.
During said periods of construction, plaintif f and other employees of Daniel Construction Company were exposed to radiation on several occasions, if not continuously through the negligent conduct of A, B & C, employees of Daniel Construction Company who were supervisors of plaintiff.
l 4.
As a proximate result of the negligence of the defendants I
! supervisors, A, B&C, Plc.intiffs were caused to suf fer the following injuries and damages:
a.
He was caused to develop a diseased spleen and Leukemia.
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b.
He incurred medical bills and other expenses; c.
He lost wages; d.
His earning capacity was permanently impaired; I
e.
He suffered and endured pain, t
f.
Loss of consortium.
WHEREFORE, plaintiffs demand judgment against defendants i
i!in the sum of TEN MILLION ( $10,0 00,00 0. 0 0) DOLLARS and cost.
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COUNT II 1
1.
Plaintiffs incorporate and reallege by reference paragraphs one (1) and two (2) of Count I.
2.
During said periods of construction, plaintiff ar.d other employees of Daniel Construction Company were exposed to radiation on ceveral occasions, if not continuously thrcugh t!.e~
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l negligent conduct of D, E& F, employees of Daniel Ccastruction i company who u re foremen of plaint i f f.
3.
As a proximate result of the negliscnce of defen%nt, j
D P, foren.on, plaintif f s were caused to suf fer the fc11ewir.g l I,E&
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! injuries and dar. ages.
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He was caused to dwelcp a diseased spleen and trfwia. l a.
i b.
I;e incurred wdical bills and ot !.er es. pens.:s; i
c.
He Icst sages; a;
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d.
.t i c. i r :.i ng ;c-
- i ty c
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l He suffered and endured pain; e.
I f.
Loss of consortium.
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WHEREFORE, plaintif f s demand judgment against defendants Iiin the sum of TEN MILLION (S10,000,000.00) DOLLARS and cost.
COUNT III 1.
Plaintiff incorporate and reallege by reference liparagraphs one (1) and two (2) of Count I.
2.
During said periods of construction, Plaintiff cnd other*
employees of Daniel Construction Cor pany were exposed to radiation if not continuously through the negligent
,on several occasions, conduct of G, II & I, employees of Daniel Construction Company I who were Superintendents and inspectors of plaintif f.
r 3.
As a proximate result of the negligence of defendants, G, H& I, superintendents and inspectors, plaintiffs were caused tito suffer the following injuries and damages:
He was caused to develop a diseased spleen and Leukemia; a.
b.
He incurred medical bills and other expenses; c.
lie lost wages; i
d.
His earning capacity was permentntly impaired; j
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He suffered and endured pain, i
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f.
Loss of consortium.
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WHEREFORE, plaintif fs demand judgment against defendants
!lin the sum of TEN MILLION ($10,000,000.00) DOLLARS and cost.
1 COUNT IV I
Plaintiffs reallege and incorporate herein by reference,,
1.
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' paragraphs one (1) and two (2) of Count I.
l 2.
During said periods of construction, plaintif f and other
' employees of Daniel Construction Corpany were exposed to radiation yonseveraloccasions, if not continuously through the negliger.t I
Iccaduct of Alabr.na Power Company.
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3.
As a proxinate result of the r.cgligence of Alabar.a Po er 4 Con.p eny, plaintif fs were caused to suf fer the follcuing injuries f
c.rul.1 r.ogt s :
f j.
a.
He was caused to develop a disc:. sed splcon and L,ukc ia: j h
b.
He incurred rccdical bills and other c ypenses; c.
lie lost w.iges;
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His carning capacity was permanently impaired; e.
Ile suffered and endurr' pain, 1
i f.
Loss of consortium.
WHEREFO RE, plaintif f s demand judgment against defendants in the sum of TEN MILLION ($10,00 0,00 0. 00) DOLLARS and cost.
COUNT V 1.
Plaintif f s reallege and incorporate herein by reference, paragraphs o 2 (1) and two (2) of Count I.
2.
During said periods of Construction, plaintiff and other
,enployees of Daniel Construction Company were exposed to radiation on several occasions, if not continuously through the negligent conduct of J, K & L, supervisors, foremen, and inspectors of I Alabama Power Company.
i 3.
As a proximate result fo the negligence of J, K& L, supervisors, foremen and inspectors, plaintiffs were caused to suffer the following injuries and damages:
I a.
He was caused to develop a diseased spleen and Leukcnia; I
b.
lie incurred medical bi.lls and other expenses; I.
c.
lie lost wages;
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d.
His earning capacity was permanently impaired; f
c.
lie suffered and endured pain, f.
Loss of consortium.
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WHEREFORE, plaintiffs demand judgment against defendants in the sum of TEN MILLION ($ 10,00 0,0 0 0. 0 0 ) DOLLARS and cost.
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COUNT VI 1.
Plaintiffs reallege and incorporate herein by reference,
- paragraphsone (1) and two (2) of Count I.
t 2.
During said periods of construction, plaintiff and
' other < n iloyees of Daniel Construct ion Corpany were exposed to i
! radiation en veral occasions, if not continuously through the l
- l negligent conduct of the Joseph M.
Parley locicar Plent.
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3.
As a proximate result of the negligence of the Jea'nh
$ M. rarley ::nelear Plant, plaint if f s ucce camed to :.uf fer t!.c g
h;follcwing injuries and dem ges:
f I
y a.
I!e was ca ur.ed to develop a discaaed sph en ad L.mh.
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b.
ile i ncurre l ra dical hi ll s an:1 ot he r e:g r.scs; c.
!!c lect. a.3 e s ;
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l d.
His earning capacity was pernanently impaired; e.
He suffered and endured pain, f.
Loss of consortium.
WHEREFORE, plaintif fs demand judgment against defendants in the sum of TEN MILLION ($10,000,000.00) DOLLARS and cost.
COUNT VII 1.
Plaintiffs reallege and incorporate herein by reference paragraphs one (1) and two (2) of Count I.
2.
During said periods of construction, plaintiff and other employees of Daniel Construction Company were exposed to radiation on several occasions, if not continuously through the negligent conduct of M, N & O, supervisors, foremen and inspectors of the Joseph M.
Farley Nuclear Plant.
3.
As a proximate result of the negligence of M, N & O, supervisors, foremen and inspectors of the Joseph of the Joseph M.
Farley Nuclear Plant, plaintiffs were caused to suffer the following injuries and damages:
a.
He was caused to develop a diseased spleen and Leukemia; b.
He incurred medical bills and other expenses; c.
He lost wages; d.
His earning capacity was permanently impaired; I
e.
He suffered and endured pain, f.
Loss of consortium.
WHEREFORE, plaintiffs demand judgment against defendants I
{ in the sun of TEN MILLION ($10,000,000.00) DOLL;RS and cost.
COUNT VIII i
1.
Plaintiffs reallege and incorporate herein by refere,ce, I
l paragraphs one (1) and two (2) of Ccunt I.
2 During said periods of construction, plLintiff and ochur l
. employees of Daniel Construction Company were exposed to reliation i i
. on several c.ccas ions, if not continu,asly through the neglig;nt l
f.conductofP,C,R, S,T, U, V, W, X, Y&
Z, any end all e -A n ~- n i
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t parties who were re qcnsible for p:.aitling plaintif f with a s fe
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t; place to work.
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3.
As a proximate rcsult of thc acgligence of P, O, R.
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- T, U,
V, W,
X, Y &
Z, plaint 1*t was caused to euffer t!.e
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' injuries and it.uge s :
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a.
He was caused to develop a diseased spleen and Leukemia; k
b.
He incurred medical bills and other expenses; j
c.
He lost wages; I
d.
His carning capacity was permanently impaired; i
l e.
He suffered and endured pain, l
f.
Loss of consortium.
WHEREFORE, plaintif fs demand judgment against defendants in the sum of TEN MILLION ( $10,0 00,0 00. 0 0) DOLLARS and cost.
COUNT IX 1.
Plaintiffs reallege by reference, paragraphs one (1) and two (2) of Count I.
2.
That defendants AA through GG had a duty to safely design; I plan, build and inspect the Joseph M.
Parlcy Nuclear Plant in i
1 Ashford, Alabama and make it safe from radiation.
3.
That defendants negligently failed in their design, plan, l build.a n d inspection of the Joseph M.
Tarley Nuclear Plant.
4.
That as a proximate result of defendants said negligence, iplaintiffs were caused to suffer.the following injuries and i
damages:
He was caused to develop a diseased spleen and Leukemia; a.
i b.
He incurred medical bills and other expenses; I
c.
He lost vages; l
d.
His earning capacity was permanently impaired; k
He suffered and endured pain, e.
l' f.
Loss of consortita.
I i:1!ERE FORE, plaintiffs demand julgment against defendants l
t in the sum of TEN MILLION ($10,000,000.00) LOLLARS and cost.
4 COUNT X f
1.
Plaintiffs inccrporate and re-allege by referer.ce f; paragraphs one (1) and two (2) of Caunt I.
2.
That defendants Hit throt;h /Z arc strictly liable to plaintif f for expo =ing or alleving him to he c xposcd to i.rir.:ntly I,ii.hurently and extra hazardous radio actize c.aterial ; toluced or I;; utilized at the Joseph M.
Par ley ' :ci r a r Pl c.n t in Oc'h -n, A11L.r 3 P
- by defendant s in the pre.luction of lcetricity.
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3.
That exposure resulted in plaintiff's contraction 1
!, of Leukemia which had rendered him permanently and totally I disabled.
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WilEREI' ORE, plaintif fs demand judgment against defendants in the sum of TEN MILLION ($10,000,000.00) DOLLARS and cost.
Respectfully submitted, CHESTNUT, SANDERS, SM4CERS
& TUR'!ER i
i C
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I BY:
'_ g - s r
m ATTOFAEY FORE'PLAlliTIFFS Post Office Box 1305 Selma, Alabama 36701 JURY DE*1MiD Plaintiffs demand a trial by jury in this cause.
I CHESTNUT, SANDERS, SANDERS
& TUR'iER BY:
. Of.
hW-r b-u ATTGRI;EY DOR PLAINTIFFS l
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