ML20206C711
| ML20206C711 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 04/03/1987 |
| From: | Harward J AMERICAN NUCLEAR INSURERS |
| To: | Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP) |
| References | |
| NUDOCS 8704130143 | |
| Download: ML20206C711 (14) | |
Text
.
f 7
JOHN E HARWARD Vm Pes. dent-Ckes V
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v SURT C.PROOM,CPCU NWders and ouef Execunve Omcer April 3,
1987 Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555 Subj ect:
Abstract #125 Boston Edison Company Re:
Maynard Teague D/O:
9/6/84 Suit -- Superior Court, Plymouth County, Mass.
Dear Jerry:
Enclosed find copy of the Summons and Complaint served on Boston Edison Company, et al. in connection with the suit identified in the caption.
This suit alleges that the plaintiff was employed, as a piperitter, by various contractors at the insured's Pilgrim Nuclear Facility.
It is also alleged that the failure of the plaintiff to be furnished a respirator while working in an atmosphere et,ntaining radioactive dust caused injury to the plaintiff, ' including radioactive exposure of his organs, tissues, bones and genes."
This suit was our first notice of the claim and we have asked our insured to compile their radiation exposure records, to determine the extent of the radiation exposure sustained by Mr. Teague as a result of this alleged inci-dent.
We are participating in this case on behalf of all defen-dants and have assigned defense counsel to represent their interests.
870413h h ODD 93 Very truly yours, J
p
'J.
E.
Harward g
Vice President, Claims JEH/pbj Enclosure The Exchango.5eto 245/ 270 fcumnyon Avenue / Formgton. Connec trut 060r / GB 677-7305 m Erg fxot Q03677-7715[ TLX.No 643-02
COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE PLYMOUTH, ss.
TRIAL COURT OF THE COMMONWEALTH CIVIL ACTION NO.87-315
..MAYNARD TEAGUE.
.... Plaintiff (3) l vs.
, BOSTON,, EDISON __ COMPANY ET ALS
.. Defendant (s) in.5 SUMMONS
}j To the above. named defendant
- BOSTON EDISON COMPANY g(
You are hereby summoned and required to serve upon..Tanya..,Kaye,.Koniglha. 9.f..MURI'RL P MURPHY, I.AMERE nN plaintiff's attorney, whose address is. P..Q.. 3px..436....Braint.ree....MA....02164an answer to t
- !.j oomplaint which is herewith served upon you, within 20 days after service of this summans gg exclusive of the day of service. If you fail to do so, judgment by default will be taken against the relief demanded in the complaint.
- 5. g You are also required to file your answer to the complaint in the ts office of the Clerk of this court at Plymouth either before service upon plaintiff attorney or within reasonable time thereafter.
a4jI Unless otherwise provided by Rule IS(a), your answer must state as a counterclaim any claim e[
you may have against the plaintiff which arises out of the transaction or occurrence that is the subject g
mtterof theplaintiff claim or you will thereafter be barred from making such claim in any other action.
k*[3 Witness, Tnoms R. Monse, Ja., Esquire, at Plymouth, the. seco.nd..
. day of
....tiarch.
.., in the year of our Lord one thousand nine hundred and eighty.seven...
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k-h87 NOTES k56 CLERK.
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- 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure u
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- 2. When more than one defendant is involved, the names of all defendants should appea pe; caption. If a separate summons is used for each defendant, each should be addressed to the gp particular defendant.
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- 3. To plaintiff's attorney: please circle type of action Inycived - Tort - Motor Vehicle Tort
.s.
Contract - Equitable Relief - Other.
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PROOF OF SERVICE OF PROCESS Z
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$.$.:g I hereby certtfy and reurn that on.
of the within summons, together with a copy of the complaint in this action, upon the z
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defendant
, in the following manner (See Mass. R. Civ. P. 4 (d) (1-5):.
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Dated.-
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N. B.
TO PROCESS SERVER:-
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN T 1
THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
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COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss:
SUPERIOR COURT CIVIL ACTION NO.
)
MAYNARD TEAGUE,
)
Plaintiff
)
)
i v.
)
COMPLAINT
)
BOSTON EDISON COMPANY,
)
Plaintiff Demands A l
STEPHEN J. SWEENEY AND
)
Trial By Jury THOMAS J. GALLIGAN
)
l Defendants
)
)
1.
This is an action to recover damages sustained by the Plaintiff, Maynard Teague, as a result of his exposure to excessive and/or unnecessary radiation while employed at the Pilgrim Nuclear Power Plant in Plymouth, Massachusetts.
PARTIES 2.
The Plaintiff, Maynard Teague (hereinafter
" Plaintiff") is a resident of Sagamore, Plymouth County, Massachusetts.
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3.
The' Defendant, Boston Edison Company, (hereinafter
" Defendant Company") is a corporation organized under the laws of the Commonwealth of Massachusetts, doing business in Massachusetts, with a principal place of business in Boston, Massachusetts.
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4.
The Dofendant Company at all times material, owned and i,
operated the Pilgrim Nuclear Power Plant in Plymouth, Massachusetts for profit.
i 5.,
Defendant Stephen J. Sweeney, (hereinafter " Defendant Sweeney") was the President of Defendant Boston Edison Company m
3
.' from 1983 to 1984 and its Chief Executive Officer from 1984 to
~ 1986.
l 6.
Defendant Thomas J. Galligan, (hereinafter " Defendant Galligan") was the President of Defendant Boston Edison Company from 1970 to 1983, its Chief Executive Officer from 1970 to 1984, and its Chairman from 1984 to 1986.
FACTS 7.
Plaintiff worked part-time in the construction of the Pilgrim Nuclear Power Plant and since 1977 he worked there i
c; regularly as a piper-fitter, employed by various contractors.
8.
During the course of Plaintiff's employment on-site at i'
the Pilgrim Nuclear Power Plant, the Defendant Company, i
Defendant Sweeney and Defendant Galligan and/or their agents, l
I servants, employees and/or repr.esentatf*'es, trained Plaintiff in nuclear safety, instructed him in its version of the biological effects of radiation exposure, and prepared work
!'[ orders.for his assignments.
9.
On various and divers dates, Plaintiff was subjected toexces[iveand/orunnecessai'yradiationbyDefendants,their j
agents, servants, employees.and/or representatives.
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10.
On,or ibout September 6, 1984, pursuant to 1
instructions from Defendants, their agents, servants, employees i
and/or representatives, Plaintiff was sent to a site in the Pilgrim Nuclear Power Plant to put up wire rigging.
11.
Plaintiff was told by' Defendants, their agents, P servants, employees and/or representatives, that the site was u
de-contaminated, and was instructed not to wear a respirator or mask.
t 12.
Contrary to said representations, radioactive dust and debris. spewed down on Plaintiff's f ace and he was thereby internally contaminated.
s 13.
Defendants, their agents, servants, employees and/or i
representatives instructed Plaintiff to shower and then took his whole body count, which indicated that Plaintiff received excessive internal radiation.
14.
Defendants, their agents, servants, employees and/or representatives brought alcoholic beverages into the Pilgrim A/ Nuclear Power Plant and instructed Plaintiff to imbibe.
15.
Defendants, their agents, servants, employees and/or
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representatives, instructed Plaintif f to remain at the Pilgrim
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Nuclear Power Plant for approximately seven and one half hours beyond his normal quitting time and to take additional showers and whole body counts during said period.
't 16.
The whole body counts indicated that Plaitdiff cor.tinued to be internally contaminated by radiation.
17.
Defendants, their'agerms, servants, employees and/or
- E representatives instructed Plaintiff to bag all of his bowel
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,! movamants and b6ttle all of his urine for approximately one t
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week, and to bring same to Defendant Company daily for analysis.
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18.
Defendants, their agents, servants, employees and/ur l
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representatives f ailed to give Plaintif f any medical treatment i
i d for his exposure to excessive radiation.
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19.
On or about June 1, 1986 Plaintiff learned that the
'i Nuclear Regulatory Commission cited Defendant Company's Pilgrim
. :' Nuclear Power Plant as one of the worst managed and least safe I
nuclear plants in the country.
20.
As a direct and proximate result of Defendants' j
negligent actions and/or f ailures to take proper safety 8.
precautions, Plaintiff has suffered serious and irreversible bodily injury, including radioactive exposure of his organs, tissues, bones and genes; he has suffered severe emotional V
distress, trauma and anguish due to his fear of progressive physical deterioration and accelerated death from his radiation c0 exposare; he has suffered an impaired ability to live and work in his customary fashion; he has been put to the expense of
.P obtaining medical treatment: and he has lost wages and benefits.
i l
CLAIMS l
l COUNT I - ASSAULT AND BATTERY n
I 21.
The Plaintiff hereby incorporates by reference t
paragraphs I through 20 as though specifically alleged herein.
- 22. son various and diverf dates, the Defendant Company through its agents, servants, empicyees and/or representat,ives li d
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ccmmitted cn cesault cnd battery upon the P3aintiff by means of
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radiation.
23.
The Plaintiff was thereby impacted by excessive levels
., of radiation.
24.
As a direct result of' the assault and battery, the
-Plaintiff has suffered and continues to suffer pain, i
il irreversible bodily injury, progressive physical deterioration,
' severe emotional distress, and mental anguish.
COUNT'II - STRICT LIABILITY 25.
The Plaintiff hereby incorporates by reference paragraphs 1 through 24 as though specifically alleged herein.
26.
The generation of electricity by the Defendant company at the Pilgrim Nuclear Power Plant by means of atomic energy creates unusual risks by virtue of its use and creation of radioactive material, and is an abnormally dangerous and ultra-hazardous activity.
27.
The generation of electricity by the Defendant at the Pilgrim Nuclear Power Plant is an unnatural and abnormal usage of land, involving a process capable of irradiating vast numbers of persons, inducing cancer, leukemia and genetic mutation; and shortening human life.
a 28.
Said generation of electricity by means of atomic energy created a danger of harm to the Plaintiff from exposure
. to radiation.
29.
The Defendant Company is absolutely and strictly
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liable for any and a'11 such harms resulting from the exposure
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. fr of th2 Plaintiff. to radiation -in the course of his employmant t
at the Pilgrim -Nuclear Power Station at Plymouth, Massachusetts.
30.
As a direct result, the Plaintiff has suffered an.d continues to suffer. pain, irreversible bodily injury,
.; progressive physical deterioration, severe emotional distress, Nandmentalanguishfromhisexposuretoradiation.
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' COUNT III - NEGLIGENCE i
31.
Plaintiff hereby incorporates by reference paragraphs I through 30 as though specifically alleged herein.
32.
The Defendant company at all times zaterial, maintained exclusive control, management, direction and supervision of the Pilgrim Nuclear Power Plant at Plymouth, Massachusetts and the sources of radiation therein.
33.
The exposure of the Plaintiff to excessive radiation
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is the kind of occurrence at the Pilgrim Nuclear Power Plant which usually does not happen in the absence of negligence by c.
the Defendant Company, its agents, servants, employees and/or representatives.
F 34.
The Plaintiff did not cause his exposure to excessive i
radiation at the Pilgrim Nuclear Power Plant.
35.
The Defendant Company negligently exposed the Plaintiff to excessive radiation at the Pilgrim Nuclear Power 1
- j Plant.
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- 36..The Defendant company negligently failed to adequately U educate workers in a proper training program about the dangers of radia't'i n.
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The Defendant Company negligently failed to utilize I
additional training or procedures indicated by previous jviolationsofNuclearRegulatoryCommissionsafetyregulations.
I i.j 38.
The Defendant Company negligently failed to inform j
j Plaintiff of the location of a'11 radiation.
I 39.
The Defendant Company negligently failed to adequately
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secure areas of excessive radiation.
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40.
The Defendant Company negligently failed to properly protect Plai'ntiff from radiation.
41.
The Defendant Company negligently failed to safely operate the Pilgrim Nuclear Power Plant at Plymouth, Massachusetts.
42.
The Defendant Company negligently managed the Pilgrim Nuclear Power Plaint at Plymouth, Massachusetts.
43.
As a direct and proximate result of negligence of the-Defendant Company the Plaintiff has suffered and continues to suffer pain, irreversible bodily injury, progressive physical deterioration, severe emotional distress, and mental anguish.
COUNT IV - GROSS NELLIGENCE 44.
The Plaintiff hereby incorporates by reference
", paragraphs.1 through 43 as though specifically alleged therein.
11 45.
The Defendant Company in a willful, wanton and reckless manner showed extreme disregard for the safety of the Plaintiff in exposing him to excessive radiation, failing to i
" inform him of the location of such radiation, failing to I
adequately secure areas of' excessive radiation, failing to f
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i Prop 9rly pro,toct" Plaintiff from' radiation, and failing to t
safely operate the Pilgrim Nuclear Power Plant.
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46.
As a direct and proximate result of the outrageous,
' willful, wanton an3 reckless conduct of the Defendant the h
i Plaintiff has suffered and continues to suffer pain, irreversible bodily injury, progressive physical deterioration, i
severe emotional distress, and mental anguish.
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~ COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 47.
The Plaintiff hereby incorporates by reference paragraphs 1 through 46 as though specifically alleged herein.
48.
The Defendant Company was repeatedly cited by the Nuclear Regulatory Commission for lapses in its radiation protection programs which resulted in excessive radiation exposures for plant workers.
49.
The Defendant Company's Pilgrim Nuclear Power Plant was cited by the Nuclear Regulatory Commission as one of the t r.
nation's worst run nuclear plants.
50.
Defendant Company knew, or should have known, that its F
failure to safely operate the Pilgrim Nuclear Power Plant would
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cause severe emotional distress to the Plaintiff.
51.
As a direct result of the extreme and outrageous j
conduct of the Defendant-Company the Plaintiff suffered and I
continues to suffer psychic injury, severe emotional distress, f and mental anguish; the quality of his life is diminished.
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COUNT VI - DECEIT
'he Plaintiff hereby Gncorporates by reference 52.
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paragraphs 1'through 51 as though specifical1y alleged herpin.
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53.
At,cl1' relevant times, the Defendant Company, its agents, servants, employees and/or representatives represented to the Plaintiff that the Pilgrim Nuclear Power Plant was a d[safeplacetowork.
f 54.
At all relevant times', the Defendant Company, its hagents, servants,employeesand/orrepresentativesrepresented 4 to the Plaintiff that he would be properly protected from radiation.
55.
At all relevant times the Defendant Cor.pany, its agents, servants, employees and/or representatives represented to Plaintiff that long term, low level radiation exposure would not unduly harm him.
56.
At all relevant times, the Defendant Company, its agents, servants, employees and/or representatives represented to-the Plaintiff that Defendant Conpany would safely and responsibly operate the Pilgrim Nuclear f acility.
57.
The aforesaid representations were made recklessly and/or with knowledge of their falsity and were intended by 4
Defendant Company to induce the Plaintiff to work at the Pilgrim Nuclear Power Plant.
58.
Plaintiff reasonably relied on said representations to his detriment.
59.
As a direct and proximate result of Defendant l-
! Company's misrepresentations, Plaintiff has suffered and f
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continues to suffer pain, irreversible bodily injury, progressive physica'l deter'ioration, severe emotional distress 9
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7 and mental. anguish; he has incurred medical expenses and has lost wages and benefits.
COUNT VII - NEGLIGENCE 60.
The Plaintiff hereby incorporates by reference tj paragraphs 1 through 59 as though specifically alleged herein.
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61.
As the President and Chief Executive Officer, Defendant Sweeney owed Plaintiff a duty of care while he was employed as a laborer at the Pilgrim Nuclear Power Plant, i
- 62.. Defendant Sweeney, during his tenure, maintained control, management, direction and supervision of the Plymouth Nuclear Power Plant and the source of radiation therein.
63.
Defendant Sweeney, knew or should have known, that the Pilgrim Nuclear Power Plant was.one of the worst managed and least safe nuclear plants in the country, and knew or should have known, that Plaintiff would suffer excessive radiation exposure thereby.
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64.
Defendant Sweeney through his actions or failure to act, negligently exposed the Plaintiff to excessive radiation, negligently failed to inform ' Plaintiff of the location of all radiation, negligently failed to properly protect Plaintiff from radiation, negligently failed to safely and property manage the Pilgrim Nucle'ar Power Plant.
l 65.
As' a direct and proximate result of the negligent e of Defendant Sweeney, the Plaintiff has suffered and continues to suffer pain, irreversible bodily injury, progressive physical deteriora$ ion, severe emotional distress and mental anguish; he 5
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1 COUNT VIII - NEGLIGENCE 66.
The Plaintiff hereby incorporates by reference 9 paragraphs 1 through 65 as though specifically alleged herein.
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67.
As the President and ' Chief. Executive Officer, l
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Defendant Galligan owed Plaintiff a duty cf care while he was employed as a laborer at the Pilgrim Nuclear Power Plant.
Ilj 68.
Defendant Galligan, during his tenure, maintained i
..' control, management, direction and supervision of the Plymouth
. Nuclear Power Plant and the source of radiation therein.
69.
Defendant Galligan, knew or should have known, that the Pilgrim Nuclear Po' wer Plant was one of the worst managed and least safe nuclear plants in the country, and knew or should have known that Plaintiff would suffer excessive radiation exposure thereby.
7C.
Def endant Ga'111gan through his actions or.f ailure to act, negligently exposed the Plaintiff to excessive radiation, negligently f ailed to inform Plaintif f of the location of all radiation, negligently failed to properly protect Plaintiff from radiation, negligently f ailed to safely and property
, manage the. Pilgrim Nuclear Power Plant.
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71.
As a direct and proximate result of the negligence of 4
y Defendant Galligan, the Plaintiff has suffered and continues to 1
l suffer pain, irreversible bodily injury, progressive physical I'
I deterioration, severe emotional distress and mental anguish; he O
has incurred medica'l expen'ses and has lost wages and benefits.
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.a WHEREFORE,' t'ha Plaintif f prays for judgment against the
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Defendant Boston Edison Company, Defendant Stephen J. Sweeney and Defendant Thomas J. Galligan in the amount of. Three Million Dollars ($3,000,000.00), plus interest and costs, and for
!! whatever additional relief this Court deems just and proper.
i The Plaintiff, Maynard Teague By His Attorneys, A
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Md.'.
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John E.
amere
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Tanya K' Konjolka MURPHY, LAMERE AND MUPRHY, P.C.
P.O.
Box 456 Braintree, MA 02184 (617) 848-1850
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