ML20206S380
| ML20206S380 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 03/10/1987 |
| From: | Harward J AMERICAN NUCLEAR INSURERS |
| To: | Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20206S384 | List: |
| References | |
| NUDOCS 8704220386 | |
| Download: ML20206S380 (15) | |
Text
g
,n 1 j.
x
[
OHN E HARWARD Vice Pcesdent-Coms l
I V
BURT C.PROOM.CPCU President and Oiief Execudve Officer Marc h 10, 1987 Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U.
S.
Nuclear Regulatory Commission Washington, D. C.
20555 i
Subject:
Abstract #122 Boston Edison Company Re:
John H.
Hill Suit -- Superior Court, Plymouth County, Mass.
Dear Mr. Saltzman:
Enclosed find a 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 laborer, by various contractors, at the insureds Pilgrim Nuclear Facility from l
July 1978 through July 1986.
It is also alleged that on various occasions, due to the negligence of the employees and officers of Boston Edison Company, the plaintiff was exposed to excessive amounts of radiation which allegedly caused;
" serious and irreversible bodily injury, including thrombo-cytopenia and radioactive exposure of his organs, tissues, bones and genes; he has suffered severe emotional distress, trauma and anguish due to his fear of progressive physical
', _ ~
deterioration and accelerated death from his radiation expo-
,g sure."
/
This suit was our first notice of the claim and we have asked the insured to produce their radiation exposure records, to verify the i
extent of the radiation exposure sustained by Mr. Hill while working at the insureds Pilgrim nuclear power plant.
We are participating in this case on behalf of all defendants and have assigned defense counsel to represent their interests, Very truly yours, 0
hhg3 PDR
, J.
E.
larward
}
Vice President, Claims JEH/pbj Enclosure i
ne Exchyy Suito 245/ 270 fomngton tvonuo/ Fomngton. Connect <ut 06032[203)677-7305 s Eng Dept.f2031677-7715/ RXJh643-020 L
F
]
e o?
BOSTON EpisON COMPANY Exscutivs orrects 800 SovtsTON STREET BOSTON MASSACHUSETTS O2199 WILLIAM S. STOWE f4 73 424 254 January 12, 1987 2
American Nuclear Insurers The Exchange, Suite 245 270 Farmington Avenue Farmington, Connecticut 06032 Attention:
J. E. Harward RE:
John H. Hill v.
Boston Edison Company, Stephen J. Sweeney and Thomas J. Galligan M ymouth Superior Court No. 86-25219
Dear Mr. Harward:
In compliance with Condition No. 5 of Nuclear Energy Liability Policy No.
NF-188 and Mutual Atomic Energy Liability Underwriters Policy No. MF-58. I wish to advise you that Boston Edison Company, as well as two of 1ts officers and directors, have been named as defendants in the above-referenced action.
Copies of the summons and complaint which were received by Boston Edison on January 9, 1987, are enclosed.
Please feel free to call me if you have any questions.
Very truly yours, b
/Imc Enclosures cc: Joseph Marrone, Esq.
1 James D. St. Clair, Ec1
COMMONWEALT1 OF MASSACHUSETTS
,dUPERIOR COURT DEPA5TMENT CF THE PLYMOUTH, ss.
TRIAL COURT OF THE COMMONWEALTH CIVIL ACTION NO. 86-25219
.. JOHN.R.... HILL -
, Plaintiff (X) vs.
BOSTON EDISON COMPANY, STEPHEN J.
..SWEEMEY. AND... THOMAS..J.....GALLIGAN
, Defendant (s)
SUMMONS 5.E j-@[
To the above-named defedant
- THOMAS J. CALLIGAN MURPHY, LAMERE You are hereby summoned and required to serve upon.Tanya.Eaye..Konfolka,..N.W..WRI'HI..
8y plaintiff 's ttorney, whose address is...P.Q,....Epr.4M.,...Araintree...}iA. 02184, an answer to the a
'E.3 mmplaint which is herewith served upon you, within 20 days after service of this summons upon you, l=
exclusive.,r the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the 5
office of the Clerk of this court at Plymouth either before service upon plaintiff attorney or within a g t:
reasonable time thereafter.
3 Unless otherwise provided by Rule 13(a), your answer must state as s' counterclaim any claim which c[.
you may have against the plaintiff which arises out of the transaction or occurrence that is the subject y
matterof theplaintiff claim or you will thereafter be barred from making such claim in any other action.
1::
{
Witness, Tuoms R. Monsr., Ja., Esquire, at Plymouth. the.
.hh..
- day of x g t;
. January..
.. in the year of our Lord one thousand nine hundred and eighty seven.....
a-
-R-u I
Ny]
NOTES CLERK.
E.
& w ee
- 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
gj S
8
.,g 2.
When more than one defendant is involved, the names of all defendants should appear in the
~2 c E Captica If a separate summons is used for each defedant, each should be addressed to the g g :=
particular ddendant.
=*E
- 3. To plaintiff's attorney: please circle type of action involved - Tort - Motor Vehicle Tort -
"3 Contract - Equitable Relief - Other.
p *E PROOF OF SERVICE OF PROCESS z k.g fy I hereby certify and return that on.
.., 19.., I served a copy c
g ":: :5 of the within summons, together with a copy of the complaint in this action, upon the within. named u.
defendant
, in the following manner (See Mass. R. Civ. P. 4 (d) (15):....-..
W &.=
C !!
g,g
................................,...g.g.g..33.g.............................
H W Ea
,.s...................c.
h Dated:
Attest Ni b "'
/' b
' 19 C g l
"* h p.
..u....
Z x c'1 N. B.
TO PROCESS SERVER:-
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON THE ORICINAL AND ON COPY SERVED ON DEFENDANT.
~'-
r ff 2
19 I
o
(
f COMMONWEALTH OF MASSACHUSETTS i
PLYMOUTH, SS:
SUPERIOR COURT CIVIL ACTION NO.
4
)
JOHN H. HILL,
)
)
Plaintiff
)
l v.
)
COMPLAINT t
)
BOSTON EDISON COMPANY,
)
PLAINTIFF DEMANDS A TRIAL BY i
STEPHEN J. SWEENEY AND
)
JURY l
THOMAS J. GALLIGAN
)
Defendants
)
[
)
l 4
l 1.
This is an action to recover damages sustained by the
- l Plaintiff, John H. Hill, as a result of his exposure to i
excessive and/or unnecessary radiation while employed at the j
Pilgrim Nuclear Power Plant in Plymouth, Massachusetts.
i l
,j PARTIES ll i
2.
The Plaintiff, John H. Hill (hereinafter " Plaintiff")
I lisaresidentofSagamore,PlymouthCounty, Massachusetts.
i l
l 1
3.
The Defendant, Boston Edison Company, (hereinafter l
l"DefendantCompany") is a corporation organized under the laws of the Commonwealth of Massachusetts, doing business in L
Massachusetts, with a principal place of business in Boston, i
jMassachusetts.
4.
The Defendant Company at all times material, owned and operated the' Pilgrim Nuclear Power Plant in Plymouth, Massachtisetts for profit.
i p
g 4
D
-.-.r m--wre.
,.--.---,.-----r,
5.
Defendant Stephen J. Sweeney, (hereinafter " Defendant Sweeney") was the President of Defendant Boston Edison Company i
from 1983 to 1984 and its' Chief Executive Officer from 1984 to l'986.
6.
Defendant Thomas J. Galligan, (hereinafter " Defendant Galligan") was the President of Defendant Boston Edison Company 1
from 1970 to 1983, its Chief Executive Officer from 1970 to 1
1984, and its Chairman from 1984 to 1986.
f FACTS i
7.
Plaintiff worked part-time in'the construction of i
Defendant's Pilgrim Nuclear Power Plant and since 1978 he I
worked there regularly as a laborer, employed by various cont racto r,s.
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, servants, employees and/or representatives, trained Plaintiff li in nuclear safety, instructed him in its version of the l
I biological effects of radiation exposure, and prepared work orders for his assignments.
t 9.
On various and divers dates, Plaintiff was subjected l to excessive and/or unnecessary radiation by Defendants, their agents, servants, employees and/or representatives.
s.
10.
On or about November 30, 1983, pursuant to
~..
4 instructions from Defendants, their agents, servants and/or ii l
employees, Plaintiff and another laborer were cutting control rod drive carts in a radioactive area inside the Pilgrim t 4
Nuclear Power Plant in an area that was not properly vented.
Plaintiff received excessive radiation and carbon monoxide poisoning; he was treated at the Jordan Hospital, in Plymouth Massachusetts.
11.
On or about December 15, 1983, pursuant to instructions from Defendants, their agents, servants and/or i
employees, Plaintiff was cleaning radioactive rust and water from a pipe around the nuclear reactor.
When he checked himself for contamination at a frisking station there was no indication of radiation, but a portal monitor confirmed that l
his buttocks were contaminated.
I 12.
Defendants, their agents, servants and/or employees l
J instructed Plaintiff to take several showers in order to decontaminate.
13.
On or about June 30, 1985, with no protective clothing or equipment, Plaintiff and another laborer were digging j
trenches outside the north end of the reactor building, in j front of the diesel generator room, pursuant to instructions
! from Defendants, their agents, servants employees and/or I
representatives.
j l
14.
Several days after working on said site, Plaintiff, of i
I
!.!hisownvolition, took a sample of material from the trench area to Defendant company's laboratory where it was determined J
! to be radioactive.
Defendants responded by giving Plaintiff I
protective clothing to wear while finishing the job, but I;
[ Defendants!did not ascertain how much radiation Plaintiff had t
received.
i-i; '
F6hT
15.
During the winter of 1985, pursuant to instructions from Defendants, their agents, servants, and/or employees, Plaintiff was lowering blade guides from the spent fuel pools to elevation number 91.
16.
Plaintiff was not properly clothed or equipped by Defendants for said job and was unnecessarily exposed to radioactive water which spilled on him.
17.
On various and divers dates, Defendants, their agents, servants, employees and/or representatives, contrary to Defendant company's own rules and the Nuclear Regulatory Commission's regulations, forced Plaintiff to remain in a contaminated area after his job was completed, and thus caused Plaintiff to receive additional, unnecessary and/or excessive j
i radiation.
I 18.
On or about June 1, 1986 Plaintiff learned that the 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.
i l
19.
As a direct and proximate result of Defendants' actions and/or failures to take proper safety precautions, l Plaintiff has suffered serious and irreversible bodily injury, i
I y
including thrombocytopen'ia and radioactive exposure of his organs, tissues, bones and genes; he has suffered severe emotional distress, trauma and anguish due,to his fear of i
p progressive physical deterioration. and accelerated death f rom his radiation exposure; he has suffered an impaired ability to live and work in his customary f ashion; he has been put to the c
j.mm m._ _ _.
expense of obtaining medical treatment; and he has lost wages and benefits.
CLAIMS I
V COUNT I - ASSAULT AND BATTERY 20.
The Plaintiff hereby incorporates by reference paragraphs 1 through 19 as though specifically alleged herein.
.l 21.
On various and divers dates, the Defendant Company l
through its' agents, servants, employees and/or representatives i
committed an assault and battery upon the Plaintiff by means of radiation.
[
If 22.
The Plaintiff was thereby impacted by excessive levels of radiation.
-l_
23.
As a direct result of the assault and battery, the l
l Plaintiff has suffered and continues to suffer pain, irreversible bodily-injury, progressive physical deterioration, I
severe emotional distress, and mental anguish.
COUNT II - STRICT LIABILITY l.
24.
The Plaintif f hereby incorporates by reference
'i j paragraphs 1 through 23 as though specifically alleged herein.
h, 25.
The generation of electricity by the Defendant company 4
I!
{l at the Pilgrim Nuclear Power Plant by means of atomic energy i
creates unusual risks by virtue of its use and creation of l
radioactive _ material, and is an abnormally dangerous and
+
ultra-hazardous activity.
r 26.
The generation of electricity by the Defendant at the l
Pilgrim Nuclear Power Plant is an unnatural and abnormal usage j
of land, involving a process capable of irradiating vast 1
j!
-s-l t
numbers of persons, inducing cancer, leukemia and. genetic mutation; and shortening human' life.
27.
Said generation of electricity by means of atomic energy created a danger of harm to the Plaintiff from exposure l
to radiation.
28.
The Defendant company is absolutely and strictly liable for any.and all such harms resulting from the exposure l
of the Plaintiff to radiation in the course of his employment l
l at the Pilgrim Nuclear Power Station at Plymouth, Massachusetts. l 29.
As a direct result, the Plaintiff has suffered and t
continuestosuffehpain,irreversiblebodilyinjury, l
progressive physical deterioration, severe emotional distress, j
and mental anguish from his exposure to radiation.
4 g-COUNT III - NEGLIGENCE l
30.
Plaintif f hereby incorporates by reference paragraphs 1 through 29 as though specifically alleged herein.
Il i
31.
The Defendant Company at all times material, maintained exclusive control, management, direction and ll supervision of the Pilgrim Nuclear Power Plant at Plymouth, i
Massachusetts and the sources of radiation therein.
U 3,A!
32.
The exposure of the Plaintiff to excessive _radia.tiqn F
~
is the kind of occurrence
? at the Pilgrim Nuclear Power Plant which usually does not happen in the absence of negligence by i: the Defendant Company, its agents, servants, employees and/or representatives.
33.
The Plaintiff did not cause his exposure to excessive i
radiation at the Pilgrim Nuclear Power Plant.
.i b -
34.
The Defendant Company negligently exposed the Plaintiff to excessive radiation at the Pilgrim Nuclear. Power l Plant.
f 35.
The Defendant Company negligently failed to adequately l
4f-educate workers in a proper training program about the dangers of radiation.
l 36.
The Defendant Company negligently failed to utilize additional training or procedures indicated by previous
! violations of Nuclear Regulatory Commission safety regulations.
I 37.
The Defendant Company ne'gligently failed to inform Plaintiff of the location of all radiation.
l i
38.
The Defendant Company negligently failed to adequately I
secure areas of excessive radiation..
l 39.
The' Defendant Company negligently failed to properly i
I
' protect Plaintiff from radiation.-
l l
l 40.
The Defendant Company negligently failed to safely operate the Pilgrim Nuclear Power Plant at Plymouth, Massachusetts.
41.
The Defendant Company negligently managed the Pilgrim i
li Nuclear Power Plaint at Plymouth, Massachusetts.
l i
/
42.
As a direct and proximate result of negligence of the t.
i Defendant Company the Plaintiff has suffered and continues to suffer pain, irreversible bodily injury, progressive physical l
deterioration, severe emotional distress, and mental anguish.
COUNT IV - GROSS NEGLIGENCE 43.
The, Plaintif f hereby incorporates by reference paragraphs 1 through 42 as though specifically alleged therein.
7-r_-
44.
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.tict j.
inform him of the location of such radiation, failing to adequately secure areas of excessive radiation, failing to a
properly protect Plaintiff from radiation, and fail'ing to safely operate the Pilgrim Nuclear Power Plant.
45.
As a direct and proximate result of the ou.trageous, willful, wanton and reckless conduct of the Defendant the t
Plaintiff has suffered and continues to suffer pain',
f irreversible bodily. injury, progressive physical deterioration, j
severe emotional distress, and mental anguish.
COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 46.
The Plaintiff hereby incorporates by reference l
l paragraphs 1 through 45 as though specifically alleged herein.
47.
The Defendant company was repeatedly cited by the Nuclear Regulatory Commission for. lapses in its radiation i
,, protection programs which resulted in excessive radiation l
exposures for plant workers.
48.
The Defendant Company's Pilgrim Nuclear Power Plant ij was cited by thue Nuclear Regulatory Commission as one of the I
!! nation's worst run nucle'ar plants.
j[!
49.
Defendant company knew, or should have know, that its ll failure to safely operate the Pilgrim Nuclear Power Plant would k'
cause severe emotional distress to the Plaintiff.
i 50.
As a direct. result of the extreme and outrageous conduct of the Defendant Company the Plaintiff suffered and
~.
4 continues to. suffer psychic injury, severe emotional distress, and mental anguish; the quality of his life is diminished.
j' COUNT VI - DECEIT 51.
The Plaintiff hereby incorporates by reference 4
paragraphs 1 through 50 as though specifically alleged herein.
52.
At.all relevant times, the Defendant Company, its agents, servants, employees and/or representatives represented
- to the Plaintiff that the Pilgrim Nuclear Power Plant was a i
safe place to work.
[
! - j 53.
At all relevant times, the Defendant company, its agents, servants, employees and/or representatives represented j
j to the Plaintiff that he would be properly protected from l
i j
radiation.
i i
54.
At all relevant times the Defendant Company, its l
i agents, servants, employees and/or representatives represented to Plaintiff that long term, low level radiation exposure would not unduly harm him.
ll l
55.
At all relevant times, the Defendant company, its j
i I
- agents, servants, employees and/or representatives represented
!tothePlaintiffthatDefendantCompanywouldsafelyand i
!I responsibly operate the Pilgrim Nuclear facility.
56.
The aforesaid representations were made recklessly I.
and/or with knowledge of their falsity and were intended by i
- Defendant Company to induce the Plaintiff to work at the Pilgrim Nuclear Power Plant.
I P1'.intiff reasonably relied on said representations to 57.
a his detriment.
t ye i
. -.,... = _ -
58.
As a direct and proximate result of Defendant I
Company's misrepresentations, Plaintiff has suffered and.
j continues to suffer pain, irreversible bodily injury,.
Progressive physical deterioretion, severe emotional distress l
i 1
and mental anguish; he has incurred medical expenses and has-j 7
lost wages and benefits.
l i
1 COUNT VII - NEGLIGENCE y,
59.
The' Plaintiff hereby incorporates by reference paragraphs 1 through 58 as though specifically alleged herein.
I 60.
As the President and Chief Executive Officer, I
4 i
Defendant Sweeney owed Plaintiff a duty of care while he was employed as a laborer at the Pilgrim Nuclear Power Plant.
I 61.
Defendant Sweeney, during his tenure, maintained l
control, management, direction and supervision of the Plymouth 2
Nuclear Power Plant and the source of radiation therein.
J2.
Defendant Sweeney, knew or should have known, that the f
Pilgrim Nuclear Power Plant was one of the worst managed and j least safe nuclear plants in the country, and knew or should lI i have known, that Plaintiff would suffer excessive radiation ll exposure thereby.
l i
63.
Defendant Sweeney through his actions or failure to j
act, negligently exposed'the Plaintiff to excessive radiation, n'
j U negligently f ailed to inform Plaintif f of the location of all l
t j
radiation, negligently failed to properly protect Plaintiff 4
iil from radiation, negligently failed to safely and property I
manage the Pilgrim Nuclear Power Plant.
P J
10 -
.. _ - _. _. -. -. -, -... - -... ~. - -,. - - - -,,. -. -. - - - -,,. -.
,n_,,
..,,., ~. -.. -, _,,
n i
i i
64.
As a direct and proximate result of the negligence of
[
Defendant.Sweeney, the Plaintiff has suffered and continues to suffer pain, irreversible bodily injury, progressive physical deterioration, severe emotional distress and mental anguish; he has incurred medical expenses and has lost wages and benefits.
a COUNT VIII - NEGLIGENCE 65.
The Plaintiff hereby incorporates by reference paragraphs 1through64astho$ghspecificallyallegedherein.
66.
As the President and Chief Executive Officer, l
Defendant Galligan owed Plaintiff a duty of care while he was employed as a laborer at the Pilgrim Nuclear Power Plant.
67.
Defendant Galligan, during his tenure, maintained control, management, direction and supervision of the Plymouth Nuclear Power Plant and the source of radiation therein.
68.
Defendant Galligan, knew or should have known, that the Pilgrim Nuclear Power Plant was one of the worst managed i
and least safe nuclear plants in the country, and knew or II should have known that Plaintiff would suffer excessive i radiation exposure thereby.
li i
69.
Defendant Galligan through his actions or failure to act, negligently exposed the Plaintiff to excessive radiation, I
[ negligently failed to inform Plaintiff of the location of all radiation, negligently failed to properly protect Plaintiff l; from radiation, negligently failed to safely and property manage the Pilgrim Nuclear' Power Plant.
70.
As'a direct and proximate result of the negligence of Defendant Galligan, the Plaintiff has suffered and continues to l'
} :
~
i suffer pain, irreversible bodily injury, progressive physical l
deterioration, severe emotional distress and mental anguish; he
!l has incurred medical expenses and has lost wages and benefits.
WHEREFORE, the Plaintiff prays for judgment against the Defendant Boston Edison Company, Defendant Stephen J. Sweeney and Defendant Thomas 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.
t i
The Plaintiff, John H. Hill j
By His Attorneys, i
k,dAbfb s
John q] Lamere Tanya E.
Konjolksi Murphy, Lamere and Murphy P.O. Box 456 Braintree, MA 02184-0456 i
(617) 848-1850 s.30,If.b Dated:
1 1
I I!
h l
-l
!I i
e 12 '--
~~
--, - -, - +.
---n
-,,--y,-
-,-,,.------.-,-----.--w..,-g Q "
,-7,-
- - -. - -