ML20077J086

Forwards Amended Complaint Filed in New Jersey Middlesex Superior Court by Jf Laird,Et Al & Companion Suit Filed by M Ginda & B Keene,Et Al Re Alleged Injuries Resulting from Identical Radiation Exposures

ML20077J086
Person / Time
Site:	05000363
Issue date:	07/20/1983
From:	Harward J AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8308120235
Download: ML20077J086 (10)

Text

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JOHN E HARWARD We P:escoct Oces L

BURT C.PROOM.CPCU

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Presadent 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 #102 Jersey Central Power & Light Company and General Public Utilities Re: Jeanne F. Laird and James K. Letellier, et al.

Suit Docket #L-036088-83

Dear Mr. Saltzman:

This will serve as a follow-up to our report to you on April 18, 1983 on the captioned matter.

An amended complaint, copy attached, has now been filed in New Jersey, Middlesex Superior Court by Jeanne F. Laird, et al. and a companion suit, copy attached, has also been filed by Mary Ginda and Brian Keene, et al., in the same court, and alleging injuries resulting from identical radiation exposures.

We have again referred both suits to Attorney David Novack, a member of the law firm of Budd, Larner, Kent, Gross, Picillo & Rosenbaum, Newark, New Jersey, with the request that he file an appearance on behalf of our policyholder and do whatever is necessary to protect their interests in this matter.

Very truly yours, (L2e4EZ E Iarward

/[ J. Vice President, Claims JEH/pbj Enclosures 8308120235 PDR ADOCK 0 0 PDR 3 hN T I Tro Exchanga Suo 245 / 270 Fomngton twenue / fc.,mgton. Connect <ut 06032 /(203677-7305 m E9 ept D (203)677-7715 / TLX.No. 3G

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,,, , h',fu l0 N Alit 0ld il[CfWLO jtjd f,i id A ttorney(s): LEVINSON, CONOVER, AXELROD & WilEATON , ESQS.

Illlice Arldrens & Tcl. No.: Medi-l'1cx 13nilding , 98 Jmne n S itree l: , Md i.no n , NJ 00830

.1Iturney(n) for I'laintiff(n) {79l} .g n ,l yj yj St))st;1llull GUllllT l'laintilf(s) \

U I'* N N il' I N N N N I'

.JEANNE P. LAIRD and DW1 Gilt LAIRD, her husband; aid .lAMMD K, I .lW MI .T. T H R and DERRA 1.HTM1.I' T M R , hin uiLo, l ./WI IJll'/N/UN N i l301.MH MN COIIt \'Tl' us.

Defs nelant(s)  ; liveket No. i. Ui l'I?.0-it's JEltSEY CENTRAL POWER & LIGIIT COMPANY, a New Jerd noy Corporation; GENERAL PUBLIC UTILITIES COM-PANY, A Pennsylvania Corporation; and GPU UIVII' d I"

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UUCLEAR CORPORATION, a New Jersey Corporation. f ggg

'Cfje . elate of Ach Tersey, to ilje abobe Rainieb '13ciciibatit(s): GPU NUCLEAR CORPORATION YOU A RE HEREB YSUbib!ONED in a Civil Action in the Superior Court ofNewJersey. instituted by the above named plaintiff (s). and rec!uired to serve upon the attorney (s)for the plaintiff (x), whose name and office address appears above, an answer to the annexed complaint within !n days after the service of the summons and complaint upon you, exclusive of the day of sereice. If you fail to answer.

judtyncut by default may be rendered against you for the relief demanded in the complaint. Yun shall promptly file your answer and proof of service thereofin dupliente teith the Clerk of the Superior Court.

l'. G. Hur 1:1a0. Trenton, New .lcrsey 08t125. in accorthunce with the enics of eieil penetice und procedure.

An individual who is unable to obtain an allorney mesy communicate with !he New Jersey State Ha r Association by calling inilfree 300 - 7y:!-X;l15 (within New .lersey) or tiou-;into -1101 (from out of state).

l'on may also communicate with a 1.awyer Referral Service nr. if you cannot afford to pay an attorney. call u I.cyal Services Office. The phone numbersfur lhe cannty in which this action is pending are: 1.a wyer Referral Service U28-0053, A94-2929 . I.eyal Services Office 2 il v 'I G 0 0 l'chuas reho reside in New Jersett may also call their county 1awyer Referral Service 267-5882 or I.cyal Services Office 206-G39.l ,

s Dated: June 24, , 128 3 . .s.' kbY 0. . .b.0.: .'. 'bV' Clerk of the Superiur Court W. Lewin llambrich Name of defendant to be served: GPU NUCLEAR CORPORATION Address for ser vice: c/o ll.M. Graydon, l -

l Registered Agent l 100 Interpace Parkway Parsippany. New Jersey _ _ ,_

31 -N. J. SUMMONS-SUPERIOR COURT VST-l COPYRIGH10 8Y ALL. STATE LEGAL SUPPLY c0

1. Rewead R ce 14 teell ONE COMMERCE ORIVE. CHANFORD. N. J. 07016

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L Leviiu:nn Connvec Axelmd $2CWiiealou

.. I'...feniums! C ire. akm 98 J.unes Sucet. Medi l' lex iluiklinn

!!dison. New Jersey 08817

(201)194 2727 1 AntoincysI

o' pl ain ti lil'n i JEANNE P. LAlltD and DWIGilT LAIRD, )SUPEltIOR COUllT OF NMW J1:ltSHY, hur huuband '(und JAMES K. LUTELLIEtt LAW DIV1SION, MIDDLESEX COUN'2Y and DEBRA LETELLIER, his wife, )

Plainbiffs, DOCKET NO. J. O lW2041

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vs. ) AMENDED COMPLAINT JERSEY CENTRAL POWER & LIGIIT )

COMPANY, a New Jersey Corporation; GENERAL PUBLIC UTILITIES COMPANY A Pennsylvania Corporation and I GPU NUCLEAR CORPORATION, A New Jersey Corporation )

Defendants. }

The plaintiffs, JEANNE V. OnIRD and DWIGilT LAlllD, hot:

huuband, reniding at 2184 llollywood Drive; Towanliip ol! Parked Rive:

and State of New Jerucy; and JAMES K. LETELLIEll and DEBRA LETELLIEH his wife, residing at- 2519 Smith Road , 11ainber 1~.ake , I.acey Township, i State of New Jersey, complaining of tito de fenda n h; lie ro i ti :ay thas PIRST-COUNT l

l L. 01. vi. alaou t clie 4 tin diay ot Ma n:h , L 'J d 2 , clio p l .J.a t i . -

Jealille F . Laird , won ali liivituu upoli Llio p a tnu i s i n i w isi d sisit oin i a t u by the defendants and known as the Forked H.tver nuclear Fuel i a tuwet i-Plant located in Porked River, New Jeruey.

~ - - _ . - _ _ _ _ . ,_._ ._ _ , . _ . - - _ . - . . -_ . .._. __ _ .._-. _ .__ ...__ _ ,. . - . _ .

. - - . . . _ . _ .- - . = . . .-.. - - . .. - - .- .

O o .

2. The aforcuaid defendants weite in Elio buu i.nonu of pro-

" titte i.ny e l ec tr i oti l enorgy through hin medi tuu ol' nuc l e.i r dov.i cen .tini fuel.

3. An a di. rect asid proximate ren u l i: of l ite sieg ligence 01 the defendants throuuh their agentn, seizva n tn , aint/or or empl.oyee:. .

the plaintiff, Jeanne P. Laird, was allowed to be exposed to destrue ff 1:ive riulla t i on f rom a nuc lea r dev ice or from nome ol hi r isnpreyst.il ed I - - . . . - . -----..- .. ~. . .

I materiaI, whoreby nald plaintif f was cattund to nul:l:or y oat phyuica! '

harm, emotional anguish, pain, and perinanent: i. n -j u ry .

4. The plaintiff will incur the offectn of thin negligent 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.

WilEREPOltE, the plaintiff, Joanno P. Laird , demandu judgment:

against the defendants jointly, soverally and/or in the alternativo on this count, SECOND COUNT

1. The plaintiff, Dwight Laird, repeats the allegations i

contained in the First Count as if the same were set forth more i

fully herein and mado part hereof.

2. At the time of this accident and at the present time, he is the husband of Jeanne P. Laird auct in such capacity he i.u responsible for her medical expenses and well being. Further, as a direct and proximato result of the negligence of these defendantu through their agents, servants and/or employees, Dwight Laird has been caused to be deprived of and will continue to be deprivea in l the future of the love, services and consortium of hin wife.

W il EltE P O H E , the plaintiff, Dwight Laird , demands judgment against the defendnats jointly, severally and/or in tuo alternativo.

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TillRI) COUNT _

l. Tlie p.i a in til;l' , Jamon it. LutalI101, copea h: tile a11o'id-i I: ehe :mmo unro more l'ul I y t i onn con t.: i.nud io the Pii n t. Coini0 .in t 3

not llortli al. longth huroin inut miule ei p;i t t- lio reu l~ .

2. At the unme Limo and place aforementioned, lio wau a tuo an invitae upon the promises owned and operated by the defendantu l

a and known an the Forked Itiver Huo Ien r FueI L Power P 1. ii n L .

I 3. An a dirock and pioximate :enull o l' the neyjiquiivo ui the defendantu through their agents, norvants and/or employees, l the plaintil? f , ilamon K .1,o tellier , was allowed to be exposed to dentruct.ive radia ti on from a nuclear device or from nome other impregnated material, whereby said plaintiff was caused to suffer i

great physical harm, emotional anguish, pain and permanent injury.

4. The plaintiff will incur the offects of this negligent I act or acts of the defendants for tho' duration of his life and will further incur medical expenses for his wollbaing in the futuro.

Will?llEPORE , the plaintil?f James K.Letellier, demandu

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

FOURTIl COUNT f

1. The plaintiff, Debra Lotallier, repeats the allega-tions contained in the Third Count as if same were more fully set I? orth at length heroin and made a part hereol-

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2. At the time of this accident and at- the prenant timo, l

ahe i.u the witu 01. Jameu K.Letu1Liur. A o d u cot .nid p eo;u m. ii.e l resuit at the negligence of these defendant.s through their .iyent*.

servants and/or employees, Debra Letelliel: huu been caused to be I

deprived of and will continue to be deprived in.the future of the l love. services And consoritum of her husband.

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I l Wi!EllEFORE , blic plaintiff , Debra Lotollier, demands judg-

. l muut agii sint: Llio du fendant.n join t:ly , novorally situl/or i:: tlie all:or nittivo.

PLEASE TAKE NOTICE that t!!o I)laintiffu demand trial by jury puruuant to Rulo 4:35-1.

LEVINSON , CONOVEll, AXELitol) & W!!EATON Attornoyn for plaintiffn

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,/AL ' [Dh.[bVINSON, Member of firm __

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Iqga Sep>.hrN~

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f,27.PJ Mp Attorney (s): LEVINSON, CONOVER, AXELROD & WHEATON, ESQS.

OBice Address & Tel.No.: Madi-Plex Building, 98 James Street, Edison, NJ 08820 Attorney (s) for Plaintif(s) (201)'494-2727 Plaintiffs) \ SUPERIOR COURT MARY GINDA and EDWARD GINDA, her husband; and OF NEW JERSEY BRIAN KEENE, LAW DIVISION MIDDLESEX COUNTY

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Defendant (s) Docket No. L-036088-83 JERSEY CENTRAL POWER & LIGHT COMPANY, a New Jer-sey Corporation; GENERAL PUBLIC UTILITIES COM-PANY, A Pennsylvania Corporation; and GPU CIVIL ACTION NUCLEAR CORPORATION, a New Jersey Corporation.

6 11111111 0 11 5 tEfje State of $cto Jersey, to ifje $3bobe Sameb Z3efenbant(s): JERSEY CENTRAL POWER &

LIGHT COMPANY YOU A RE HEREB YSUMMONED in a Civil Action in the Superior Court ofNewJersey, instituted by the above named plaintiff (s), and required to serte upon the attorney (s)for the plaintiff (s), whose name and office address appears abouc, an ans:ccr to the annexed complaint within 20 da:;c cfter the service of the summons and complaint upon you, exclusive of the day of service. If you fail to answer, judgment by default may be rendered against you for the relief demanded in the complainL You shall promptly file your answer and proof of service thereofin 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 Bar Association by calling tollfree 800-792 8315 (within New Jersey) or 609-391,-1101 (from out ofstate).

You may also communicate with a Lau yer Referral Service or, if you ca nnot afford to pay an attorney. call a Legal Senkes Office. The phone numbersfor the county in which this action is pending are: Lawyer Referral Serriec 828-0053, 494-2929 , Legal Services Office 249-7600 . Persons who reside in New Jersey may also call their county Lawyer Referral Service 267-5882 .

or LegalSenkes Office 285-6391 .

Dated: June 24, ,1983 . . -

. M. b. (..

Clerk of the Superior Court Bame of defendant to be serred: JERSEY CENTRAL POWER & W. Lewis Bambrick Addressfor sen ice: LIGHT COMPANY c/o Robert Brokaw, Registered Agent Madison Avenue & Punch Bowl Road Morristown, New Jersey 31 -N J $UMMONS-SUPERCR COURT VST-1 COPYRIGHTC BY ALL STATE LEGAL SUPPLY CO.

Levinson Conover Axelrod @s.Wheaton A Pued nsi Cary.rwinn 98 James Street, Medi. Plex Building Edbon. New Jersey 08817 (201)494 2727 Attorneys For l P aintiffs SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, MIDDLESEX COUNTY MARY GINDA and EDWARD GINDA )

her husband and DRIAN KEENE

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DOCKET NO. L-036088-83 vs. )

Civil Action JERSEY CENTRAL POWER & LIGHT OMWNT COMPANY, a New Jersey Corpora- }

tion, GENERAL PUBLIC UTILITIES COMPANY, A Pennsylvania Corpora- )

tion and GPU NUCLEAR CORPORATION a New Jersey Corporation y Defendants.

)

The plaintiffs, MARY GINDA and EDWARD GINDA, her husband residing at 632 Williams Ave., Forked River,New Jersey and BRIAN KEENE, residing at 106 Parker Ave., Forked River, New Jersey -

complaining of the defendnats herein say that: j FIRST COUNT

1. On or about the 4th day of March,1982, the plaintiff, Mary Ginda was an invitee upon the premises owned and operated by.

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( the defendants and known as the Forked River Nuclear Fuel & Power Plant located in Forked River, New Jersey.

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2. The aforesaid defendants were in the business of producing electrical energy through the medium of nuclear devices.and fuel..

3. As a direct and proximate result of the negligence of the defendants through their agents, servants, and/or employees, the plaintiff, Mary Ginda, was allowed to be exposed to destructive radiation from a nuclear device or from some other impregnated 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 negligent act or acts of the defenhnts for the duration of her life and will further incur medical expenses for her wellbeing in the future.

WHEREFORE, the plaintiff, Mary Ginda, demands judgment against the defendants jointly, severally and/or in the alternative on this count.

SECOND COUNT l i

1. The plaintiff, Edward Ginda, repeats the allegations contained in the First Count as if the same were set forth more fu ll3 herein and made part hereof.

2. At the time of this accident and at the present time, he is the husband of Mary Ginda and in such capacity he is responsible for her medical expenses and well being. Further, as a direct l.

e and proximate result of the negligence of these defendants thrtuoh their agents, servants and/or employees, Edward Ginda, has been caused to be deprived of and will continue to be deprived in the future of the love, services and consortium of his wife.

WHEREFORE, the plaintiff, Edward Ginda demands judgment against the defendants jointly, severally and/or in the alternative.

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THIRD COUNT

1. The plaintiff Brian Keene repeats the allegations contained in the First Count as if the same were more fully set forth 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 defendants and known as the Forked River Nuclear Fuel & Power Plant.

3. As a direct and proximate result of the negligence of the defendants through their agents, servants and/or employees, the plaintiff, Brian Keene, was allowed to be exposed to destructive radiation from a nuclear device or from some other impregnated 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 negligent act or acts of the defendants for the duration of his life and will further incur medical expenses for hic well being in the future. '

l WHEREFORE, the plaintiff, Brian Keene, demands judgment against I

the defendants jointly, severally and/or in the alternative. l.

Take Notice that the plaintiffs pursuant to the rules demand

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t trial by jury.

LEVINSON,CONOVER,AXELROD & WHEATON, Attorneys for plaintiffs Dated; June 7,1983 AyPRE{jA.LEVINSON, Member of firm l l

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