ML20073H383

Forwards Summons & Complaint Against Util Re Radiation Overexposure During Emergency Drill

ML20073H383
Person / Time
Site:	Oyster Creek
Issue date:	04/14/1983
From:	Harward J AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP)
References
L-017720-83, L-17720-83, NUDOCS 8304180576
Download: ML20073H383 (6)

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i JOHN E HARWARD v __

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j L GURT C.PROOM,CPCU I v 2)

P=*at April 14, 1983 Mr. Jerome Saltzman Assistant Director 5 '2 f State and Licensee Relations Office of State Programs U. S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Abstract #102 Jersey Central Power & Light Company and

General Public Utilities Re

Jeanne F. Laird & James K. Letellair, et al.

D/O: March 4, 1982 1

Dear Mr. Saltzman:

Attached find a copy of a Summons and Complaint filed against our policyholders Jersey Central Power and Light Company and General Public Utilities.

My understanding is that this suit involves a claim by two local residents who participated in an emergency drill at the Oyster Creek nuclear facility in Forked River, New Jersey. It is our understanding that the two individuals who have brought this suit, together with their spouses, were wearing film badges and their recorded exposures were minimal. Their documented exposure records are presently being developed by the policyholder.

We have very little additional information on the case at this time but can advise you that the loss appears to be covered under our nuclear liability policy and we have, therefore, referred the suit to Attorney David Novack of the law firm of Budd, Larner, Kent, Gross, Picillo & Rosenbaum, Newark, New Jersey, with the request that he file an ap-pearance on behalf of our policyholders and do whatever is necessary to fully protect their interests in this litiga-tion. L Very truly yours,

. A<AM J. E. Hamad 9304180576 830414 Vice President, Claims PDR ADOCK 05000219 l

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Alhn ney(s): LEVINSON, CONOVER, AXELROD & WilEATON , ESQS.

i O!! ice tddress & Tel. No.: Medi-Plex Building, 98 James Street, Edison, NJ 08820 A ttornryn) for I'laintitifs)

(201) 494-2727 Plaintif1(s) ) SUPEl LOR COURT JEANNE P. LAIRD and DWIGilT LAIRD, her husband; OF NEIV JERSKY and JAMES K. LETELLIER and DEBRA LETELLIER, his wife, LAW DIVISION

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\ MIDDLESEX COUNTY

, vs. I Defendant (s) '

Docket No. L-017720-83 JERSEY CENTRAL POWER & LIGHT COMPANY, a New Jersey Corporation; and GENERAL PUBLIC UTILITIEE COMPANY, a Pennsylvania Corporation, j CIVIL ACTION 6 11111111 0 11 5 (Efje State of Schs Jeesty, to tije abobe Sameb Defenbant(s): JERSEY CENTRAL POWER & LIGHT CO.

YOU A RE HEREB YSUMMONED in a Civil Action in the Superior Court ofNeueJersey, instituted by the abure navned plaintiff (s), and required to serve upon the attorney (s)for the plaintiff (s). whose name nnd o.) fire address apprars aborr. an anarrer to the annexed complaint seithin os dnys orftre the service of the suminons and complaint upon you, exclusive of the ddy of service. If you fail to unsurr.

judgment by default may be rendered against you for the relief demanded in the complaint. You shall promptly file your answer and proof of service thereof in duplicate with the Clerk of the Superior Court.

P. O. Box 1300. Trenton, New Jersey 08625, in accordance with the rules of civil practice and procedure.

\ An individual who is unable to obtain an attorney may communicate with the New Jersey State I

Har Association by calling tollfree 800 -792-8315 (trithin New Jersey) or 609- 391,-1101 (from out ofstate).

You may also communicate with a Lawyer Referral Service or, if you cannot afford to pay an attorney. call a LegalServices Office. The phone numbersfor the county in which this action is pending are: Lauyer Referral Serrice 828-0053, 494-2929 , Ieyal Scrrices Office 249-7600 . Persons who rvnide in New Jersey may also call their county Lauver Referral Service 267-5882 ,

or Legal Services Office 285-6391. .

Dated: March 31 .19 83 .

Clerk of the Superior Court y,. ... . . . r , s.4,.. r,, g , % r . .. _.. .. i. - - - , , - - , , , - ~ . - , v r. m.,4. 9 n ,-w .- e s-

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.;u 14 dd i L(.l.W4 Q 1 c/o Robert Brokaw, Registered Agent Madison Avenue & Punch Bowl Road Morristown, New Jersev

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Iainson Conover Axelrod@S.Wheaton b A Puedre.=nal Caeyerusase

. 98 James Street, Medi Plex Building

Edison, New Jerxy 08817 (201)494-2727 Attorneys For Plaintiffs t

l' JEANNE F. LAIRD and DWIGHT LAIRD, :

I her husband; and JAMES K. LETELLIER: SUPERIOR COURT OF NEW JERSEY and DEBRA LETELLIER, his wife,  : LAW DIVISION-MIDDLESEX COUNTY

DOCKET NO. L-017720-83 Plaintiffs,  :

[" vs  :

JERSEY CENTRAL POWER & LIGHT  : Civil Action ICOMPANY, a New Jersey Corporation; :

' and GENERAL PUBLIC UTILITIES COM-  :

i PANY, a Pennsylvania Corporation,  :

ji  : COMPLAINT ll Defendants.  :

I!  :

The Plaintiffs, JEANNE F. LAIRD and DWIGHT LAIRD, her husband, residing at 2184 Hollywood Drive, Township of Forked River and State of New Jersey; and JAMES K. LETELLIER and DEBRA LETELLIER, his wife, residing at 2519 Smith Road, Bamber Lake, Lacey Township, State of New. Jersey, complaining of the defendants herein say that:

FIRST COUNT

1. On or about the 4th day of March, 1982, the plaintiff,

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e operated by the defendants and known as the Forked River Nuclear Fuel & Power Plant locate.d in Forked River, New Jersey.

2. The aforesaid defendants were in the business of pro-ducing electrical energy through the medium of nuclear devices and 7

fuel.

3. As a direct and proximate result of the negligence of the defendants through their agents, servants, and/or employees, the plaintiff, JEANNE F. LAIRD, was allowed to be exposed to des-tructive radiation from a nuclear device or from some other im-pregnated material, whereby said plaintiff was caused to suffer great physical harm, emotional anguish, pain, and permanent injury.

4. The plaintiff will incur the effects of this negli- ,

gent act or acts of the defendants for the duration of her life and will further incur medical expenses for her well-being in the  !.

future.

WHEREFORE, the plaintiff, JEANNE F. LAIRD, demands judg-ment against the defendants : jointly, severally, and/or in the al  !

i ternative. I SECOND COUNT

1. The plaintiff, DWIGIIT LAIRD, repeats the allegations contained in the First Count as if same were more fully set forth at length herein and made a part hereof.

2. At the time of this accident and at the present time, he is the husband af Jeanne F. Laird and in such capacity he is responsible for her medical expenses and well-being. Further, as a direct and proximate result of the negligence of these defen-dants through their agents, servants, and/or employees, Dwight t.a i rd h a '- baa' -- k~ a -u - > e -" 3' ' -*- :- s * '-,

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deprived in the future of the love, services, and consortium of his wife.

WHEREFORE, the plaintiff, DWIGHT LAIRD, demands judgment against the defendants jointly, severally, and/or in the alterna-tive.

THIRD COUNT

1. The plaintiff, JAMES K. LETELLIER repeats the p.llega-e tions contained in the First Count as if same were mere fully set forth at length herein and made a part hereof.

2. At the same time and place aforementioned, he was also an invitee upon the premises owned and operated by the defen ,

I l dants and known as the Forked River Nuclear Fule & Power Plant.

i 3. As a direct and proximate result of the negligence of; the defendants through their agents, servants, and/or employees, the plaintiff, JAMES X. LETELLIER, was allowed to be exposed to

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destructive radiation from a nuclear device or from some other ll impregnated material, whereby said plaintiff was caused to suffer ;

% great physica'l harm, emotional anguish, pain, and permanent injury l'.

4. The plaintiff will incur the effects of this negli- l e

l gent act or acts of the defendants for the duration of his life and will further incur medical expenses for his well-being in the future.

WHEREFORE, the plaintiff, JAMES K. LETELLIER, demands t

judgment against the defendants jointly, severally, and/or in the alternative.-

FOURTH COUNT i

1. The plaintiff, DEBRA LETELLIER, repeats the allega-tions contained in the Third Count as if same were more fully set l

., s i , ,

forth at length herein and made a part hereof.

2. At the time of thi- accident and at the present time, she is the wife of James K. Letellier. As a direct and proximate result of the negligence of these defendants through their agents, servants, and/or employees, Debra Letellier has been caused to be deprived of and will continue to be deprived in the future of the

! love, services, and consortium of her husband. ,

WHEREFORE, the plaintiff, DEBRA LETELLIER, demands judg-i ment against the defendants jointly, severally, and/or in the al-i ternative.

PLEASE TAKE NOTICE that the Plaintiffs demand a trial by i

l jury pursuant to Rule 4:35-1.

i l ll LEVINSON, CONOVER, AXELROD &

. WHEATON, ESQS.

l Attorneys for Plaintiffs I.

BY: 4

[! / l/'XLFRED A. LEVINSON DATED: March 15, 198 3 l:

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