ML20077H891

Forwards Summons & Complaint Filed Against Util in Connection W/El Zeller & T Zeller Vs Pasny.Suit Arises Out of Traumatic Injury Sustained at Facility.Radiation Exposures Minimal

ML20077H891
Person / Time
Site:	FitzPatrick
Issue date:	07/20/1983
From:	Harward J AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8308120005
Download: ML20077H891 (10)

Text

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JOHN E HARWARD Vice Resdent-Gorns L_

BURT C.PROOM,CPCU

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President July 20, 1983 Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U. S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Abstract #104 Edward L. Zeller and Terry Zeller vs.

The Power Authority of the State of New York State of New York Supreme Court, County of Oswego Policy Nos. NF-208 and MF-77 D/O: January 19, 1982

Dear Mr. Salzman:

Enclosed find a copy of the Summons and Complaint filed against our policyholder, Power Authority of the State of New York, in connection with the captioned suit. It is my understanding that this suit arises out of a traumatic injury sustained at the PASNY nuclear facility and that the radiation exposures were minimal. It is not expected that any radiation injury could result from the minimal radiation exposure of the plaintiff, but he did receive a significant traumatic injury when a 650 lb. valve fell and fractured his lower right leg.

We have assigned the suit to defense counsel but have already undertaken measures to obtain the cooperation and participation of the conventional liability carrier of the policyholder and fully expect them to take an active role in the management of the future defense effort as well as participate in the expenses associated with this litigation.

Very truly yours, esz w 7C/t Y 8308120005 830720 PDR ADOCK 05000

[ 3 h. . E. Harward Vice President, Claims JEH/pbj g4 Enclosure iho Exchango Suite 245 /' 270 Forrnngton Avenue [Farrnogton. Connect <ut 06032 j'(203)677-7305 m Eng. Dept. (203) 677-7715 / TLX. th 643-0

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I T ATE OF, NEW YORK SUP)tEME COURT ; inder2Vo' COUNTY OF QSWEGO P]sirrti8 tiesignates q Oswego Coonty EDWARD L. ZELLER and TERRY ZELLER,, I' County as theplace of trial P1aLntiffa The ba. tis of the veatte is Plaintiffs' residence Plafatif scalast Summann POWER AUTHORITY OF THE STATE OF NEW YORK, ,

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RD (4, Seneca Hill, Box 76, o g,,,,, Oswego, New York

. . . . . . _l County of Oswego

• TO the abate Damed Defendant QQu522ltt2b1j i Suntut011th to snmr the een.plaiat to this action sne to ser.e a ecer of ysur answer, or,il (br tempislot is act served with thic sutomans, to serve a notice of bpptasence, on the PlaintiE's At cruer(s) wn.his 20 dart altar the service of this sumroons, esclusive of the dar of serviu (or within M days er the servict is complete if this summons is not personally defletted to you within the State ci New 1'crk): and la cass of your Isilure to appent et suawet, ludstuent will be taken agaiatt yea by delsult lot the reIid detaanded in the

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scred, May 31, 1983 Dad dson & O wara, P.C.

Defenotant's Address: . Attorney (s) for PlaiatiW

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Suite 1950 243 Lake street 99 Wa shington Avenue Elmira, New York 14901-31 Albany, New York 12210 - Tolephone: (607) 733-463

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)GTATE OF NEW YORK l

SUPREME COURT  : COUNTY OF OSijEGO EDWARD L. ZELLER and TERRY ZELLER, -

Plaintiffo, ,COMPLA INT

-ngainst- -

POWER AUTHORITY OF THE STATE OF NEW YORK,  ?

Defendant.

The plaintiffs, Edward L. Zeller and Terry Zellcr, by their attorneys, D8vidson & O'Hara, P.C., complaining of the defendant herein, sh'w c to the' Court and allege:

1. The plaintiffs reside at RD d4, Seneca Hill, Box 76 Ouwego, New York. , ,

2. Upon information and belief, the defendant, Power Authority of the State of New York, is a p'ublic authority organized and existing under and pursuant to the provisions of th Public Authorities Law of the ' State of New Yo'rk.

3. Upon inf ormation and belief, at all tbnes hereinaf t-

! mentioned, the defendant, Pcuer Authority of the State of New Yor'.

was and still is the owner of the James Fitzpatrick Nuclear Power liPlant in Ocwego, New York, and mananes, maintains and controin

,. lsaid premises.

,' 4. Upon information and belief, prior to January 19, 111982, the Power Authority of the State of Mew York entered into c

..--..n contract with various contractors calJino for the performance of

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jiconstruction work at the James Pitzpatrick Power Plant in Osueco, 1

h New York. . -

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l 5. On or about January 10, 1982, the pJaintiff, Edward j

( l' L . Zeller, vac cinployed as a pipe fitter by CN F. lapp Company of l

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-2 Meridan, Connecticut, and was 3 awfu11y on the premises of the James Fitzp'atrich power plant for the purpose of helping to install a check valve to a pipe in a dry well which was part of l the water eco3ing system surrounding the nuclear reactor at said plant. ,

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6. O'n or about January 19, 1982, as the check valve vat '

being placed into position,' the hoistino cable broke causing the check valve to fa12 upon the plaintiff, Edward L. teller. .

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7. The aforesaid occurrence was caused by and due to th6 gross and wanton negligence of the defendant in the ownership, l

management, maintenance and control of the aforesaid premises and

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,- s its appurtenances and ly the gross and wanton _neolicence of the  ?

defendant in failing to provide plaintif f with a safe place to _ _

work as required by law, in furnishing plaintiff with unreasonably dangerous, defective and unsafe construction equipment and in otherwise failing to prevent this occurrence.

8. The aforesaid occurrence was not caused by or due toL the carelessness or negligence of or od the part of the plaintiff, Edward L. Zellcr.

9 By reason of the negligence of the defendant, ll plaintiff, Edward L. 7.cIlcr , sustained severe physical and personc) e I linjuries, mental sufferino and has been inforned and believes that !

l:his injuries are permanent and that he will reouire treatments in l Ithe futuro.

• """".s 10. By reason of the negligence of the defendant, y [i plai n ti f f , Edward L. Zellor, became exposed to dangercus radiation

!.and sustained physical injuries und mental sufferino and has been_ . .

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informed and believes that these injuries are permanent and that he will require treatment in the future.

11. By reason of the negligence of the defendant, plaintiff, Edward L. Zeller, was obliged to and did e>: pend and incur large sums of money for medicines and medical and hospital care hnd treatment.

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12. As a restilt,of the def endant's negligence, plaintiff Edward L. Zeller, has been damaged in the sinn of Two M3 liion Dolla.rs ($2,000,000.00).

FOR A SBCOND CAUSE OF ACTION

'fl.iB PLAINTIFF, EDWARD L. ZELLER, SHOWS TO THE COURT AMD ALLEGES:

13. Plaintiff, Edward L. Zeller, repeats, reiterates and realleges each and every allegation in those paragraphs designated "1" through *)l" as though fully set forth and repeated herein.

14 The aforesaid occurrence was caused by and due to

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the defendant's gross and wanton violation of provisions of the M: ,

Labor Law of the State of New York and regulatione promulgated

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thereunder and/or provisions of the Federal Occupational Benith land Safety Act and recrulations promulgated thereunder in that

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idefendant failed to furnish or erect or cauced to have furnished ior erected l

for the performance of plaintiff's labor, proper and l cafe hol,sts, bolte, cables, stayc, blocks, pulleys, braces, irons ind other devices and equipment so constructed, placed and

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loperatec as to gave plaintiff uroper protection.

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By reason of the c'efencant's violation of these istatutory dutics, plaintiff, Edward L.

i 7.eller, sustainec severe jphysical i njuries and mental cuf ferinu and har been informed and I

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and believes that his ~ injuries .are perm:anent. ,

16 By reason of the defendant's violation of the statutory duties, plaintiff, Edward L. Zeller, became exposed to dangerous radiation and sustained physical injuries and ment-al suffering and has been informed and believen that these injuries are permanent.

17 By reason of the defendant's violation of these statutory duties, the plaintiff, Edward L. Ec11er, was obliged

, to and did cy. pend and incur large sums of money for modicines and medical and hospital care and treatment.

18. As a result of the defendant's violation of these statutory duties, plaintiff, Edward L. Zeller, has been damaged in the sum of Two Million Dollars (62,000,000.00).

FOR A TllIRD CAUSE OF ACTION, TJtE PIAINTIFF, EDWARD I., ZET.LER ,

SHOWS TO TFIE COURT AND ALLEGES:

19. Plaintiff, Edward L. Zeller, repeata, reiterates, and realleges cach and every allegation in those paragraphs .

designated "1" through "ll" and "14" through "17" as those fully iset forth and repeatad herein.

1 20.

Following said occurrence, the defendant, its agents,;

i jiservants or employees were crosqly and wantonly careless and l

l negligent in that the defendant, its agents, scIvants or employees l failed to properly attend to the plaintiff, Edward L. T.eller, and

..., _ failed to remove the plaintiff _from a dangerous radiation zonc j , ,*

iwithin a reasonable time after said occurrence.

l 21. By reason of the negligence of the defendant, its j _ _ _ . . ,

l lagen ts, servants or employees the plaintiff, Edward L. Zeiler, v [ sustained chvcical i nin-i a = ana

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informed and believes that these injuries are permanent.

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'22 By reason of the negligence of the defendant, its agents, servants or employees, the plaintiff, Edward L. Zeller, was obliged to and did expend and incur la'rge sums of money for medicines and medical and hospital care and treatment.

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23. As a result of the negligence of the defendant, its agents, servants or employees, plaintiff, Edward L. Zeller, has been damaged in the sum of Two Million DoIIare ($2,000,000.00 FOR A POURTH CAUSE OF ACTION THE PLAINTIFF, TERRY ZELLER, SHOWS TO THE COURT AND ALLEGES:

24. Plaintiff, Terry Zeller, repeats, reiterates and realleges each and every allegation in those paragraphs designate "1" through "11", "14a through*"17" and "20" through "22" as' though fully set forth and repeated herein.

25. That prior to January 19, 1982, plaintiff, Terry Zeller, was and st1EL is the wife of plainti ff, Edward L. Zeller.

26 That by reason of the foregoing, plaintiff, Terry Zeller, has been deprived of the aid, companionship, company, society, comfort and services of her husband, Edward L. Zeller, has suffered loss of consortium having been deprived of the right: -

l and inthrests which has accrued by reason of her said marriage and her continuation of har said marriage relationship. All to I.

her damage in the sum of Two llundred Fifty Thousand Dollars (S250,000.00).

i WilEREFORE, plaintiff, Edward L. Zeller, demands judgment fagainstthedefendantinthesumofTwoMillionDollars I ($2,000,000.00) compensatory damngos and Two Million Dollars __ _ _ . , ._ _ . _ _.-. -

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l P}aintiff, Edward L. Beller, dcmands judgment against the defenda: l in the sum of Two Million Dollars (02,000,000. 00) .compensa tory damages and. Two Million Dollars ($2,000,000.00) punitive damages on the second cause of action; plaintiff, Edward L. Zellor, demands judgment against? the defendant in the sum of Two Million Dollars ($2,000,000.00) compensatory damages and Two Million Dollars ($2,000,000.00) punitive damages on the third cause of action and plaintif f, Terry Zeller, demands judgment against the o

defendant in the sum of Two nundred Fifty Thousand Dollars

($250,000.00) compensatory damages and Two Million Dollars

($ 2,000,000. 00) punitive damages on the fourth cause of action together with the costs and disburcements of this action.

Dated: May 31, 1983 DAVIDSON &'O'MARA, P.C.

Attorneys for the plaintiffs Of fi ce & Post Office Address 243 Lake Street Elmira, New 1'ork 14901-310'2 Telephone: (607) 733-4635 l

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4 anonce of ewTav m As pa, 1-rear 19 Jar :-mase este mom = sass ia, wak I,,fesreuses) STATE OF NEW YORK :h.

%, ,f, SUPREME COURT: COUNTY OP OSWEGO i -

d.rp amored se she of)ks of de shit of de wshk mamsdseursmo J9 4

masse.

EDWARD L. 2ELLER and TERRY ZELLER, Yeaet. tx.

Plaintiffs,

DAVIDSON & O'MARA, P. C. '

} Assansefsfer -against-

• W 88" POWER AUTHORITY OF THE STATE a ,, es 4tm 4, NEW YORK OP NEW YORK, 78 . .

Defendant.

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WOTtcr. OF seTTLeue w *

. SUMHONS and COMPLAINT k :-rtaner saa marica ausse ardar ef ad4A de weh m a in.c ompy mer se prewiimap DAVIDSON & O'MARA. P. C.

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Auonneysfor P1aintiffs j

ens 4tf sAs /g4cs of de widh aawasJ Cairs. at 243 Lace'snes.T E1.MutA. NEW YORE en ne teld) 713-4433 l Ayof 12 at af.

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