ML20078M284
| ML20078M284 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 11/21/1994 |
| From: | Stowe W BOSTON EDISON CO. |
| To: | Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 9412020030 | |
| Download: ML20078M284 (9) | |
Text
ff BOSTON EDISON Executive Offices 800 Boylston Street Boston, Massachusetts 02199 Wiluam 5. Stowe 617)424-2544 Assistant General Counsel November 21,1994 Fax 617)424-2733 Director of Nuclear Regulatory Regulation Nuclear Regulatory Commission Washington, DC 20555 Re:
Dennis J. and Kellie M. Miranda v. Boston Edison Company Suffolk Superior Court Docket No. 50-293 Civil Action No. 94-4612C' License No. DPR-35
Dear L.r:
Pursuant to 10 CFR % 140.6(a), notification is hereby provided of the above-captioned action which appears to constitute a claim that is reportable in accordance with that section. A copy of the summons and complaint is enclosed.
i At the present time, we have only just received this complaint and have no further infonnation regarding this matter.
Please contact the undersigned if there are any questions regarding this notification.
Very truly yours,
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R. V. Fairbank, Jr.
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S SUMMONS
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To the above-named Defendant: The Boston Edison Company i;
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You are hereby summoned and required to serve upop Dayid C _ C;t v n n m m. E n ri _
!S Thornter, Farly ? "aurer 2)2 plaintiff's attorney, whose address is 60 State St., 6th Fl., Boston, M A, an answer to E
02109 gi the complaint which is herewith served upon you, within 20 days after service of this summons upon you, 0sl exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the die relief demanded in the complaint. You are also required to file your answer to the complaint in the office N
of the Clerk of this court at Boston either before service upon plaintiff's attorney or within a reasonable -
h time thereafter.
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Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which
$k you may have against the plaintiff which arises out of the transaction or occurrence that is the subject
$5 matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action.
$5 Irwin, J.
- j Witness, RGBERDL'OSEEL'Wh'st, Esquire, at Boston, the
. day of ec
, in the year of our Lord one thousand nine hundred and 35 a =
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' j',; a Clerk / Magistrate b
Oy A' rue copy, Attest:
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Deputy Sheriff,Suffolk County notes.
I. This summons is mued pursuant to Rule 4 of the Massachusett3 Rules of Civil Procedore.
1 When more than one defend.mi h invoh ed. the names of all defendants should appear in the caption. If a separoc summons is used for each defendant.
each should be addrened to the parucular defendant.
2 10 Pl.\\l\\lilI s,\\ Tis H<st ) pl l;gsi; cract.g: g ypg; gj,ggg p 3g igygj yg g ale TEirT - i. \\9)It ti; v1. loc l.): Tor::.- 13i CON TR \\ri-t 4 g t rug Em: _ og gm m FORM CIV P. I 3RD REY.20M 1-92
l lt COMMONWEALTH OF MASSACHUSETTS
.SUFFOLK, ss.
SUPERIOR COURT CIVIL ACTION NO. '94-4 612C
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DENNIS J. AND KELLIE M. MIRANDA,
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-Plaintiffs
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PLAINTIFFS DEMAND A TRIAL v.
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BY JURY ON ALL COUNTS
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THE BOSTON EDISON COMPANY,
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Defendant
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COMPLAINT INTRODUCTION 1.
This-is an action to recover damages for personal injury suffered by the plaintiff Dennis Miranda as a result of exposure to i
radiation while employed by various contracting firms repairing,.
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maintaining and renovating the Pilgrim Nuclear ~ Power Plant, a i
nuclear reactor owned and operated by The Boston Edison Company.
Plaintiff Kellie M. Miranda brings this complaint for her loss of consortium.
i PARTIES i
2.
Plaintiff, Dennis J. Miranda resides at 37R Tremont Street, Carver, Massachusetts 02330.
3.
Plaintiff, Kellie M. Miranda is the wife of Dennis Miranda who resides at 37R Tremont Street, Carver, Massachusetts 02330.
4.
Defendant, The Boston Edison. Company is a corporation organized pursuant to the laws of the Commonwealth with its
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I principal place of business in Boston, Massachusetts.
Boston Edison Company was the owner, operator and licensee of the Pilgrim Nuclear Power Plant,
- Plymouth, Massachusetts at all relevant times.
FACTUAL BASIS FOR CLAIM 5.
The plaintiff Dennis Miranda weg employed as a laborer at the Pilgrim Nuclear Power Plant at various times from October 1981 until May 1986.
The plaintiff worked for contractors engaged by the defendant to repair, maintain and renovate the nuclear reactor.
6.
The plaintiff's duties included decontamination work on the refuel floor in the reactor building at the Pilgrim nuclear power plant.
While performing his duties, the plaint..- was exposed to excessive and hazardous levels of radiation.
7.
At all relevant times it was the responsibility of the defendant to provide a safe work environment and to protect contractors and employees of the contractors from the hazards of exposure to radiation.
Boston Edison failed to provide a safe workplace and to protect workers from excessive and hazardous radiation.
8.
As a direct and prcximate result of defendant's unsafe work practices and dangerous conditions created therein at the Pilgrim nuclear power plant, plaintiff suffered an astrocytoma (glial brain tumor) in September 1992.
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COUNT I; Neclicence i
9.
Plaintiff Dennis Miranda repeats the allegations set forth in through 8 and incorporates them by reference as if Paragraphs 1
stated full) herein.
10.
At all r<_
evant times, Defendant knew of the hazards to humans of radiation posure and knew or should have known of the hazardous condit. as posed to plaintiff and other workers at the Pilgrim Nuclear Power plant.
- 11. The defendant was negligent in failing to provide a safe work i
environment and to protect the plaintiff from excessive and hazardous radiation at the Pilgrim Nuclear power plant, failing to adequately warn the plaintiff of the hazards posed by exposure to ionizing radiation, failing to adequately monitor the plaintiff's radiation exposure, and failing to inspect the premises for radiation hazards.
12.
As a direct and proximate result of Defendant's negligent acts and omissions set forth above, Plaintiff suffered severe personal
- injury, resulting in a
significant reduction in his life expectancy, great mental and physical pain and suffering, lost wages and earning
- capacity, loss of enjoyment of life and substantial medical expenses.
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WHEREFORE, Plaintiff demands compensatory damages plus interest and costs.
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H COUNT II:
NUISANCE 13.
Plaintiff repeats the allegations set forth in Paragraphs 1 through 12 and incorporates them by reference as if stated fully herein.
14.
The defendant owned, maintained and controlled an ultra-hazardous substance known as radioactive nuclear material at its premises at the Pilgrim Nuclear Power Plant.
15.
The ownership, maintenance and control of radioactive material, and the release of said material in the form of ionizing radiation constituted a hazardous situation and a nuisance.
16.
As a direct and proximate result of this nuisance, Plaintiff suffered severe personal
- injury, resulting in a significant reduction in life expectancy, great mental and physical pain and suffering, lost wages and earning capacity, loss of enjoyment of life and substantial medical expenses.
WHEREFORE, Plaintiff demands compensatory damages plus interest and costs.
COUNT III:
STRICT LIABILITY IN TORT ABNORMALLY DANGEROUS ACTIVITIES 17.
Plaintiff Dennis Miranda repeats the allegations set forth in Paragraphs 1 through 16 and incorporates them by reference as if stated fully herein.
18.
The activity carried on by the defendant at its premises at j
the pilgrim Nuclear Power Plant including operating, maintaining, refueling, repairing and renovating the nuclear reactor was abnormally dangerous and ultrahazardous.
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i Defendant's abnormally dangerous activity caused Plaintiff to l
19.
I suffer severe personal injury resulting in significant reduction in i
life expectancy, great physical and mental pain and suffering, lost l
wages and earning
- capacity, loss of enjoyment of life and substantial medical expenses.
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WHEREFORE, Plaintiff demands compensatory damages plus
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i interest and costs.
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COUNT IV:
LOSS OF CONSORTIUM 20.
Plaintiff Kellie M. Miranda repeats the allegations set forth in Paragraphs 1 through 12 and incorporates them by reference as if l
I stated fully herein.
21.
Kellie Miranda, who at all relevant times has been married to Dennis Miranda, states that as a proximate result of Dennis J.
Miranda's injury caused by Defendant's wrongful conduct as alleged j
I above, she has been deprived of his full services, society'and consortium, her comfort and happiness have been impaired, and she l
has suffered mental anguish.
WHEREFORE, Plaintiff demands compensatory damages plus l
l interest and costs.
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8 THE PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL COUNTS.
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.t The Plaintiffs, By Their Attorneys, 1
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David C. Strouss B.B.O. NO. 546253 David J. McMorris BBO No. 338970 Thornton, Early and Naumes 60 State Street, 6th Floor Boston, MA 02109 (617) 720-1333 1
Dated:
August 23, 1994 i
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MET NMER Trial Court of Massichusstts s
civil ACTION COVER SHEE(
SUPERIOR COURT DEPARTMy
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mffn11e Division g
PLAmirlFF(S)
DEFENDANT (S)
Dennis J. Miranda Boston Edison Ocznpany Kel' lie M. Miranda ATroRNEWs) F6RM NAME. ADDRESS AND TEL)
ATTORNEY (s)(if known)
David C. Strouss
'[hornton, Early & Naumes 60 State St., Boston, MA 02109 (617) 720-1333 Board of Bar Overseers # (Required) 546253 ORIGIN CODE AND TRACK DESIGNATION Place an @ in one box only:
@1. F01 Original Complaint 0 4. F04 District Ct. Appeal c231, s. 97 (X) 0 2. F02 Removal to Sup. Ct. c 231, s.104 (F) 0 5. F05 Reactivated after Rescript; Relief from 0 3. F03 Retransfer to Sup. Ct. c 231, s.102C (X) judgment / order (Mass. R Civ. P. 60 (X) 0 6. E10 Summary process appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO.
TYPE OF ACTION (specify)
TRACK IS THIS A JURY CASE?
.3 04 Other Necilicence (F) i9 Yes O No
- 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
This case arises out of Plaintiff, 'ennis Miranda's exposure to ionizing radiation while working for various contractors at the defendant's Pilgrim Nuclear Power Plant, resulting in his suffering a glial brain tumor. The plaintiff claims negligence, nuisance and strict liability for abnormally dangerous activity and his wife claims loss of consortium.
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- 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKEllHOOD THAT RECOVERY WOULD EXCEED $25,000:
Plaintiff underwent a cranioterny resecting a tumor frcm his brain and requiring hospitalization from 9/15/92 until 9/30/92, and subsequent medical care including several MRI's, with costs in excess of $50,000.00. Plaintiff also has suffered extensive physical and emotional harm and pain and suffering, as well as his wife suffering loss of consortium. WHEREFORE, plaintiffs believe there is a reasonable likelihood that recovery will exceed 525,000.00.
- 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT.
DATE SIGNATURE oF ATTORNEY oF RECORD oR PLAINitFF WuMy K
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DISPOSITION RECENED
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A. Judgment Entered B. No Judgment Entered BY-
- 01. Before jury trial or non-jury hearing 0 6. Transferred to District 3,1g
- 2. Dunng jury tnal or non-jury hearing Court under G.L c.231.
D 3. After Jury verdict disposition ENTERED s.102C.
- 4. After court finding Disposition Date et q 5. After post tnal rnotion a
DATE.
oCAJ 6 mic 005-8r88
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COMMONWEALTH OF MASSACHUSl fS
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COUNTY OF SUFFOLK THE SUPERIOR COURT CIVIL DOCKET # SUCV94-04612
'RE:
Hiranda et al v Boston Edison Company
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TO:
David C Strouss Thornton, Early & Naumes g,/
60 State Street V
6th floor Boston MA 02109 TRACKING ORDER - F TRACK You are hereby notified that this case is on the fast (F) track as per Superior Court Standing Order 1-88. The order requires that the various stages of litigation described below must be completed not later than the deadlines indicated.
STAGES OF LITIGATION DEADLINE Service of process made and return filed with the Court 11/21/94 Response to the complaint filed (also see MRCP 12) 01/20/95 All motions under MRCP 12, 19, and 20 filed 01/20/95 All motions under MRCP 15 filed 01/20/95 All discovery requests and depositions completed 06/19/95 All motions under MRCP 56 filed and heard 07/19/95 Final pre-trial conference held and firm trial date set 08/18/95 Case disposed 10/17/95 The final pre-trial deadline is not the scheduled date of the conference.
You.will be notified of that date at a later time.
Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service.
This case is assigned to Superior Court session C sitting at Suffolk.
Dated: 08/24/94 Michael Joseph Donovan, Clerk of Courts BY: Kevin G Murphy, Asst Clerk Location: Rm 304 (Boston)
Telephone: 617-725-8124