ML20151J544
| ML20151J544 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 07/19/1988 |
| From: | Boehner E AMERICAN NUCLEAR INSURERS |
| To: | Saltzman J NRC |
| References | |
| NUDOCS 8808030007 | |
| Download: ML20151J544 (12) | |
Text
EDWARD H. BOEHNER
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SURT C.PROOM,CPCU July.19, 1988 Hr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U.S. Nuclear Regulatory Commission Mail Stop AR5037 Washington, C.C.
20555 RE:
DellaPietro v.
JCP&L. GPU Nuclear and GPU, Inc.
Abstract #133
Dear Mr. Saltzman:
This is to advise that a wrongful death action has been filed in Ocean County, New Jersey, by Cheryl DellaPietro, surviving widou of Anthony DellaPietro, a boilermaker who was employed by various contractors working at the Oyster Creek Nuclear Station.
Enclosed for your files is a copy of the Complaint, which merely alleges that the decedent was negligently expnsed to radiation that resulted in his death on September 26, 1986.
The radiation allegedly received by Mr. DellaPietro is limited to the period of December 1, 1985, through June 5, 1986.
The Complaint alleges in Paragraph 5 of the Second Count intentional conduct and/or gross negligence by the defendants in failing to advise Nr. DellaPietro the effects of his alleged radiation exposure.
In response to this allegation, plaintiff makes demand for punitive damages as well as compensatory damages.
We have referred the defense of this case to the law firm of Budd.
Larner, Gross, Picillo, Rosenbaum, Greenberg and Sade.
Anthony Caruso, Esq., uill enter an Appearance on behalf of all defendants.
Defense of this case will be on a reservation of rights basis on view of the count for punitive damages which, under New Jersey Lau, is an uninsured liability unless the liability of the defendant is vicarious.
The institution of suit is our first notice of this claim and our investigation commences immediately.
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1 Abstract #133 July 19, 1988 Page 2 Follouing a review of the attached lausuit. if there is any question concerning our handling and response, please do not hesitate to contact me.
Very truly yours,
'Eduard H. Boehner Vice President, Claims EB/ mbt Enclosure i
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MORRIS COli.TY t,lmarr;.3 gyg,g.
DATE OF SEn tce 77W
' John af.l'oc
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Sherid Roeber & Sellit to, d, PO Box 71 Forked River, New Jersey Attorney (s):
P.A.
606 Lacey Roa 08731 (609)693 Ofee Address & Tel.No.:
Attorney (s) for Plaintiff (s)
PlaintiG(s)
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SUPERIOR COURT ONEWJERSEY CHERYL DELLAPIETRO, individually and as Administra-trix of THE ESTATE OF ANTHONY W. DELLAPIETRO, as OCEAN COUNTY guardian ad litem of infant plaintiffs KIMBERLY DELLAPIETRO, TINA MARIE DELLAPIETRO, TONI LYNN LAW DIYlSION DELLAPIETRO and MICHELLE DENISE DELLAPIETRO h
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Dcfcndant(s)
JERSEY CENTRAL POWER and LIGHT COMPANY, etc.,
Docket No. L-068489-88 GPU NUCLEAR, etc., GENERAL PUBLIC UTILITIES, INC., etc., JOHN DOE (fictitious), RICHARD ROE, CIPIL ACTION (fictitious), DOE CORPORATION, (fictitious), and' POE CORPORATION, (fictitious)
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- tate of Deto 3erser to the 2bobe Dameb Defenbant(s):
General Public Utilities, Inc.
YOU ARE HEREBY SU31310NED in a Civil Action in the Superior Court ofNew Jersey, instituted by the above named plaintiff (s), and required to serve upon the attorney (s)for the plaintiff (s), whose name and ofice address appears above, an answer to the annexed complaint within to days ajler the I
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 complaint. You shall promptly file your answer and proof of service thereofin duplicate with the Clerk of the Superior Court, i
CN 971, Trenton, New Jersey O' 625, in accordance with the rules of civil practice and procedure.
8 If you cannot afford to pay an attorney, call a Legal Services Ohice. An individual not eliaibleforfree legal assistance may obtain a referral to an attorney by calling a county lawyer referral service. These numbers may be listed in the yellow pages of your phone book or may be obtained by calling the New Jersey State Bar Associatnon Lawyer Referral Service tollfree 800 792 8315 (within New Jersey > or 609 39, 1101 ffrom out of state). The phone numbersfor the county in which this action is pending are: Latcyer Referral
- Service, (201)240-3666
. Legal Services 0hice (201)341 2727 Dated:
L.M W
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JOHN M. MAYSON Clerk o'f the operior Cou rt Name ofdefendant to be served:
General Public Utilities, Inc.
Addressfor service:
c/o William B. Murray, Registered Agent 100 Interpace Parkway Parsippany, New Jersey 08054 T ~5 J GwVYO'dS-SUPERICR COURT CopingN 1%3 t>v ALL STATE LEGAL SUPPLY CJ A 0 G R V $ T-2 devaed Ja 1.%
Cao Commerce Dnve.CtaMord N J 07316 a
MORIUS COUNTY. SHERIFF'S DEpi",
DATE OF S VirE 77W
' John M. Fox Sherin Roeber & Sellitto, d, PO Box 71, Forked River, New Jersey Attorney (s):
P.A.
606 Lacey Roa 08731 (609)693-97 O# ice Address & Tel.No.:
Attorney (s) for Plaintif(s)
PlaintiG(s)
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SUPERIOR COURT OF NEWJERSEY CHERYL DELLAPIETRO, individually and as Administra-trix of THE ESTATE OF ANTHONY W. DELLAPIETRO, as OCEAN COUNTY guardian ad litem of infant plaintiffs KIMBERLY DELLAPIETRO, TINA MARIE DELLAPIETRO, TONI LYNN LAW DIVISION DELLAPIETRO and MICHELLE DENISE DELLAPIETRO f
vs.
Defendant (s)
JERSEY CENTRAL POWER and LIGHT COMPANY, etc.,
Docket No. L-068489-88 GPU NUCLEAR, etc., GENERAL PUBLIC UTILITIES, INC., etc., JOHN DOE (fictitious), RICHARD ROE, CIPIL ACTION (fictitious), DOE CORPORATION, (fictitious), and POE CORPORATION, (fictitious) hlillllllDll5 l
Che htate of.Getu 3 Jersey, to the ababe.Gamtb Defenbant(s):
GPU Nuclear YOU ARE HEREBY SUMMONED in a Citil Action in the Superior Court ofNew Jersey, instituted by the above named plaintiff (s), and required to serve upon the attorney (s)for the plaintifj(s), whose name i
and of) Tee address appears above, an answer to the annezed complaint within 20 days ajler 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 complaint. You shall prompt:ifile your answer and proof of service thereofin duplicate with the Clerk of the Superior Court, CN.971. Trenton, New Jersey 03625, in accordance with the rules of civil practice and procedure.
llyou cannot afford to pay an attorney, call a Legal Services Ofjice. An individual not eligibleforfree legal assistance may obtain a referral to an attorney by calling a county lawyer referral service. These numbers may be listed in the yellow pages of your phone book or may be obtained by calling the New Jersey State Bar Association Lawyer Referral Service tollfree 800 792 8315 (within New Jersey) or 609 39,.1101 v' rom out of state). The phone numbersfor the county in which this action is pending are: Lawyer Referral
- Service, (201)240-3666
, Legal Services Office (201)34162727 Dated.
L 4_'W-
,19 $.
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Lic.fD1 JOHN M. MAYSON 'C{erk f thesuperior Court Name ofdefendant to be served:
GPU Nuclear Addressfor service:
c/o William B. Murray, Registered Agent 100 Interpace Parkway Parsippany, New Jersey 08054 31
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John M. L'or dheedf Attorney (s): Roeber & Sellitto P.A.
Office Address & Tel.No.: 606 Lacey Ro,ad, PO Box 71, Forked River, New Jersey 08731 (609)693-979 Attorney (s) for Plaintiffs)
Plaintir](s)
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SUPERIOR COURT CHERYL DELLAPIETRO, individually and as Administra-OF NEWJERSEY trix of THE ESTATE OF ANTHONY W.
DELLAPIETRO, as OCEAN COUNTY guardian ad litem of irlant plaintiffs KIMBERLY USLLAPIETRO, TINA MARIE DELLAPIETRO, TONI LYNN L LAW DIVISION DEL!.APIETRO and MICHELLE DENISE DELLAPIETRO
/
vs.
Defendant (s)
JERSEY CENTRAL POWER and LIGHT COMPANY, etc.,
Docket No. L-068489-88 GPU NUCLEAR. etc., GENERAL PUBLIC UTILITIES, INC., etc., JOHN DOE (fictitious), RICHARD ROE, CIVIL ACTION (fictitious), L9E CORPORATION, (fictitious), and POE CORPORATION, (fictitious)
((l11111 0 11 6 (he 6 tate of Stb 3ctstP. to the 2bobe Dameb Defenbant(s):
Jersey Central Power and Light Company YOU ARE HEREBY SUMMONED in a Civil Action in the Superior Court ofNew Jersey, instituted by the above named plaintijf(s), and required to serve upon the attorney (s)for the plainti(f(s)" whose name and office address appears above, an anstcer to the annexed complaint within 20 days a)1er the service of the summons and complaint vpon you, exclusive of the day of service. If you fail to anstcer, judgment by default may be rendered aSainst you for the relief demanded in the complaint. You shall promptlyfile your answer and proof of service thereofin duplicate with the Clerk of the Superior Court, CN 971. Tre 1 ton, New Jersey 08625, in accordance with the rules ofcivil practice and procedure, if you cannot aford to pay an attorney call a Legal Services Office. An individual not eligii.leforfree legal assistance may obtain a referral to a t attorney bg calling a county lawyer referral servtce. These numbers may be listed in the yellow pages of your phone book or may be obtained by calling the Ne o Jersey State Bar Association Lawyer Referral Ser: ice tollfree 800 792 8315 (within New Jersey) or 609494 !!01 (from out of state). The phone numbersfor the county in which this action is pending are: Lawyer Re:ferral Service.
(201)240-3666
, Legal Scrtices Ofice (201)341-2727 Dated:
LL-oLt..W
,19 k.
M l.&
JOHN M. MAYSO'N' bierk of the S tperior Court Name ofdefendant to be served: Jersey Central Power and Light Company Addressfor service:
c/o Richard O. Brokaw, Registered Agent fy 'h Madison Avenue at Punch Bowl Road q
Morrist.own, New Jersey 07960
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RECENED & Fil.ED m
R0EBER & SELLITTO, P.A.
606 Lacey Road, PO Box 71 M 0004 HAINES Forked River, New Jersey 08731 DEPUW CMRK (609)693-9797 SUPERIOR CT., OCEAN CO.
Attorneys for Plaintiff SUPERIOR COURT OF NEW JERSEY CHERYL DELLAPIETRO, individ-OCEAN COUNTY - LAW DIVISION ually and as Administratrix of:
THE ESTATE OF ANTHONY W.
DELLAPIETRO, as guardian ad lietem of infant plaintiffs KIMBERLY DELLAPIETRO, TINA b 7g
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l MARIE DELLAPIETRO, TONI LYNN DELLAPIETRO and MICHELLE Docket No.
DENISE DELLAPIETRO, CIVIL ACTION Plaintiffs COMPLAINT AND DEMAND FOR JURY vs.
TRIAL
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l JERSEY CENTRAL POWER and LIGHT COMPANY, a corporation of or doing business in the State of New Jersey, GPU NUCLEAR, a corporation of or doing busi-ness in the State of New Jer- :
sey, GENERAL PUBLIC UTILITIES, INC., a corporation of or doing business in the State of New Jersey, JOHN DOE ( ficti-tious), RICHARD ROE (ficti-ticus), DOE CORPORATION (fic- :
titious), ROE CORPORATION (fictitious), POE CORPORATION,:
(fictitious),
Defendants l
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Cheryl DellaPietro, individually and as Administratrix of the Estate of Anthony W. DellaPietro, as guardian ad litem of infant plaintiffs Kimberly DellaPietro, Tina Marie DellaPietro, Toni Lynn DellaPietro and Michelle DellaPietro, residing at 66 Trenton Avenue South, Bayville, in the Township of Berkeley, County of Ocean and State of New Jersey,.by;,way of complaint against the defendants says:
FIRST COUNT 1.
Infant plaintiffs are all the natural children of plaintiff Cheryl DellaPietro and plaintiff Cheryl DellaPietro hereby consents to act as guardian ad litem for all infant plaintiff.
2.
Between on or about December 1, 1985 and June 5, 1986 decedent, Anthony W. DellaPietro was lawfully upon the premises j
i of defendants, more specifically the Oyster Creek Nuclear Power j
i Plant, located in the Townhsip of Lacey, County of Ocean and State of New Jersey.
3.
At the aforesaid time and place, the defendants were negligent and careless.
4.
As a direct and proximate result of the negligence and carelessness of the defendants, decedent, Anthony W. DellaPietro was caused to be exposed to radiation and which caused decedent I
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to suffer injuries and to live in pain and suffering which ulti-mately resulted in his death on September 26, 1986.
5.
Plaintiffs are the surviving children of the decedent and have been deprived of the society, companionship and pecuniary contributions of the decedent, Anthony W.
DellaPietro.
6.
Plaintiff Cheryl DellaPietro,-was: the. wife of the l decedent, Anthony W. DellaPietro and as a result of his injuries and death was and has been deprived of decedent's society, compan-ionship and pecuniary contributions to her and her children's well being.
7.
Plaintiff Cheryl DellaPietro has incurred necessary funeral and burial expenses and the expenses of the administration of the estate of decedent.
l 8.
As a result of the aforesaid negligence and careless-ness, the decedent, Anthony W. DellaPietro was caused to suffer severe injuries both temporary and permanent in nature, together with great pain and suffering and was prevented from transacting lawful business and affairs and ultimately died from his injuries.
9.
As,a result of the aforesaid, Cheryl DellaPietro as Administrator of' the Estate of Anthony W. DellaPietro and decedent Anthony W. DellaPietro incurred substantial medical expenses.
WHEREFORE, Plaintiffs demand judgment against the deferdants i
i
w jointly, severally and in the alternative for damages, interest, attorneys fees and costs of suit.
SECOND COUNT 1.
Plaintiffs repeat each and every allegation contained in the First Count above and incorporate the same by reference as though more specifically set forth at length herein.
The acts of defendants in allowing decedent to be exposed 2.
to radiation were the result of gross negligence.
3.
After decedent was exposed to radiation, defendants failed to properly and completely inform decedent of his exposure to radiation and of the consequences of his exposure to radiation and further failed to advise decedent of the symptoms of radiation poisoning and further failed to advise decedent to seek medical attention and further failed to advise decedent to inform all medical doctors who may subsequently treat decedent of his exposure to this radiation.
4.
Defendants had a duty to advise decedent of all of the aforementioned regarding radiation poisoning.
]
5.
Defendants acted intentionally, or were grossly negligent or negligent in their failure to so advise decedent fo this infor-mation.
6.
As a direct and proximate result f the failure of defendants to so advise decedent of this information, this dece-
' dent did not seek proper medical treatment for his medical condi-tion, nor did decedent advise his treating physicians of his i
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exposure to radiation.
7.
As a result of the aforesaid, decedent did not receive proper medical treatment for his exposure to radiation which failure resulted in additional pain and suffering and further resulted in his death and caused decedent to incur additional medical expenses and further caused decedent: and.all plaintiffs to suffer financial losses.
I WHEREFORE, Plaintiffs demand judgment against the defend-l ants, jointly, severally, and in the alternative for damages, punitive damages, interest attorneys fees and costs of suit.
THIRD COUNT 1.
Plaintiffs repeat each and every allegation contained in the First and Second Counts above and incorporate the same by reference as though more specifically set forth at length herein.
2.
Defendants John Doe, (fictitious) and Richard Roe, (fictitious), are agents, servants and/or employees of the any or all defendants which are unknown to plaintiffs at this time.
[
3.
Doe Corporation, (fictitious), Roe Corporation. (fic-titious) and Poe Corporation, (fictitious), are all other corpor-ations which are' unknown to plaintiffs at the present time.
4.
Defendants John Doe, Richard Roe, Doe Corporation, Poe Corporation and Roe Corporation committed all the acts afore-I j
said and further failed to notify the decedent as alleged in the 3
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other counts of this complaint.
And are therefore also responsi-ble in damages to plaintiffs.
5.
Defendants John Doe, Richard Roe, Doe Corporation, Poe Corporatin and Roe Corporation were also agents, servants, and/or employees of defendants Jersey Central Power & Light Company, GPU Nuclear and/or General Public Utilities Inc. and defendants e
Jersey Cent-$
Power & Light Company, GPU Nuclear and General Public Ut.
as are therefore responsible in damages to plain-tiffs.
WHEREFORE Plaintiffs demand judgment against all defendants jointly, severally and in the alternative for damages, punitive damages, interest attorneys fees and costs of suit.
FOURTH COUNT 1.
Plaintiffs repeat each and every allegation contained in the First, Second and Third Counts above and incorporate same hv reference as though more specifically set forth at length herein.
I 2.
All defendants had a duty to decedent to monitor his radiation exposure and had a further duty to prohibit decedent from further employment at the Oyster Creek Nuclear Power Plant and further had a duty to insure that decedent would not be ex-posed to additional radiation after any initial exposure to same.
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3.
Defendants neg.'.1 gently, grossly negligently and/or intentionally ellowed decedent to continue to work in an area where he may be exposed to radiation when defendants knew or should have known of the amount of prior radiation to which de-cedent had been exposed.
4.
As the result of the aforesaid, defendants are 7espon-sible to plaintiffs in damages.
WHEREFORE, Plaintiffs demand judgment against all defend-ants, jointly, severally and in the alternative for damages, punitive damages, interest, attorneys fees and costs of suit.
CERTIFICATION I certify that the matter in controversy is not the subject of any other action pending in any court or of a pending arbitra-tion proceeding, and that the only other action contemplated is a Workers' Compensation claim.
I am unaware of any other party who should be joined in the subject litigation at the present time.
JURY DEMAND Plaintiffs hereby demand a trial by jury as to all issues i
contained herein.
~
DESIGNATION OF TRIAL COUNSEL j
Pursuant to the Rules of Court, Anthony M. Sellitto, Jr. is l hereby designated as trial counsel.
ROEBED & SELLITTO, P.A.
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Date: !,> l l$f W FOR ANTHONY M.
SELLITIO, JR.
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.