ML20206S433

Discusses Lawsuit Against Boston Edison Co & Two Executive Officers Re Employee Excessive Exposure to Radiation & Radioactive Dust Particles Made Airborne During Movement of Cement Blocks in Restricted Containment Area of Facility

ML20206S433
Person / Time
Site:	Pilgrim
Issue date:	03/11/1987
From:	Harward J AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP)
Shared Package
ML20206S384	List: ML20206S380 ML20206S433
References
NUDOCS 8704220397
Download: ML20206S433 (13)

Text

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JOHN E HARWARD V<e Resdent-(bms v __

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BURT C.PROOM,CPCU Re9 dent and 0u.# Executive omcer March 11, 1987 Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Subject:

Abstract #123 Boston Edison Company Re: Michael McMahon

Dear Mr. Saltzman:

This suit against Boston Edison Company and two of their executive officers, alleges that the plaintiff, a laborer employed by Bechtel Corporation, was subjected to excessive radiation exposure when exposed to radioactive dust parti-cles made airborne during the movement of cement blocks in a restricted containment area of the Dilgrim nuclear facility.

The complaint, copy attached, fJrther alleges that the plaintiff was exposed to excessive levels of radiation causing " serious and irreverible bodily injury and emotional distress." The complaint also alleges that the plai nti f f' s exposure to radioactive dust particles was due to a failure on the part of the defendants to properly train, inform and protect the plaintiff from injury due to excessive exposure to ra di oa c t i ve materials.

We are participating in the defense and indemnity of all defendants named in this suit and we have assigned the case to defense counsel to protect the interests of the defen-dants while we initiate our investigation of this incident.

Very truly yours, l

8704220397 PDR /, DOCK870310500 0 3

[hM J. E. Harward y Vice President, Claims JEH/pbj Enclosure iM Enhany %+ 3 2C3/ 270 Fo:c.upton Avwv3/ Famcf on Conrext<ut 06032[Q03?677-7305 m Erg Dopt. G03) 677-7715 / TLX. th 643-020 we%M%mcWtsamth.-

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COMMONWEAL'TM OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT OF THE COMMONWEALTH PLYMOUTH. ss.

CIVIL ACTION NO.87-109 ,

. . . . .. .M.I_C.H.A.EL McMAHON ..... ..

.... - , Plaintiff vs.

BOSTON EDISON COMPANY STEPHEN J.

.SgENEY_ AND THOMAS _ J._ GALLIGAN .. ... ., Defendant (s) -

SUMMONS

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BOSTON EDISON COMPANY Murphy, Lamere To the above.namad defendant ji" Tanya., Kay e. Kogg}.ka.,, M.,;.1.Mughy You are hereby summoned and required to serve upon Ih hj plaintiffe attorney, whose address is R.&,...Rs..65L...Eraintres...MA..02184.., an answer to the complaint which is herewith served upon you,' within 20 days after service of this summons upon you, gg exclusive of the day of semce. If you faa to do so, judgment by default wel be taken against you for the relief demanded in the complaint. You are also required to fue your answer to the complaint in the 3 office of the Clerk of this court at Plymouth either before service upon plaintiff attorney or within a

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reasonable time thereafter.

gk g Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which which arises out of the transaction or occurrence that is the subject a 1. you may have asumst the plaintiff matter of the plahen claim or you will thereafter be baned from making such claim in any other antion.

.tQ " ... . day of l Witness, Tuouan R. Monst, Ja., Esquire, at Plymouth, the .... ...tventy.-firet...

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..J.anuary... .., in the year of our Iord one thousand nine hundred and eighty saven...-

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'il NOTES

%@ CLERK.

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1. This summons is issued pursu:.nt to Rule 4 of the Massachusetts Rules of Civil Procedure. . j w

] 5*y S. When more than one defendant is involved, the names of all defendants should appear in the l

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caption. If a separate summons is used for each defendant, each should be addressed to the par:foular defendant, g {5 3. To plaintiff's attorney: please circle type of action lavolved - Tort - Motor Vehicle Tort -

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Contmet - Equitable Relief - Other. l

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p .E PROOF OF SERVICE OF PROCESS 2 ke j f 'E I hereby certify and return that on .-. .. ... .. . ..........,.........,19 ., I served a copy z

d If of the within summons, together with a copy of the complaint in this action, upon the within-named defendant , in the following manner (See Mass. R. Civ. P.4 (d) (15): . ..- - . . . . . . .

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,.. . .,,,n Dated , le ......................,m.

g g z E c1 N. B . TO FROCESS SERVER:-

PLEASE PLACE DATE OU MAKE SERVICE ON DEFENDANT IN THIS BOX ON ~

THE ORICINAL AND ON COPY SERVED ON DEFENDANT. nA M

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COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, SS:

SUPERIOR COURT CIVIL ACTION NO.

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J MICHAEL McMAHON, )

q Plaintiff )

) COMPLAINT

V. )

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BOSTON EDISON COMPANY, ) Plaintiff Demands

, ' STEPHEN J. SWEENEY AND ') A Trial By Jury

THOMAS J. GALLIGAN . )

4 Defendants ) i

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l. This is an action to recover damt.gesi sustained by the *

! l Plaintiff,MichaelMcMahon,asaresultofhisexposureto l

excessive and/or unnecessary radiation while employed at the

j. Pilgrim Nuclear Power Plant in Plymouth, Massachusetts.

l PARTIES i

. 2. The Plaintiff, Michael McMahon, (hereinafter i: " Plaintiff") is a resident of" Buzzards Bay, Plymouth County, F

': Massachusetts.

j 3. The Defendant, Boston Edison Company, (hereinafter

" Defendant Company") is a corporation organized under the laws

' of the Commonwealth of Massachusetts, doing business in t

Massachusetts, with a principal place of business in Boston, t I

i Massachusetts. I

! 4. TheDefendantCobpanyatalltimesmaterial,ownedand operated the Pilgrim Nuclear Power Plant in Plymouth, l Massachusetts for profit. .

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5. Defendant Stephen J. Sweeney, (hereinafter " Defendant '

Sweeney") was the President of Defendant Boston Edison Company from 1983 to 1984 and its Chief Executive Officer from 1984 to l 1986.

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6. Defendant Thomas J. Galligan, (hereinafter " Defendant Galligan") was the President of Defendant Boston Edison Campany from 1970 to 1983, its Chief Executive Officer from 1970 to 1984, and its Chairman from 1984 to 1986.

FACTS

7. The Plaintiff, Michael McMahon, was employed as a I

laborer at the Pilgrim Nuclear Power Plant, on various dates lI h between 1982 and 1984. .

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8. During the course of Plaintiff's employment on-site at f the Pilgrim Nuclear Power Plant, the Defendant company, Defendant Sweeney and Defendant Galligan and/or their agents, n '

servants, employees and/or representatives, trained Plaintiff ll .

I in nuclear safety, instructed him in their version of the

!' biological effects of radiation exposure, and prepared . work i orders for his assignments.

9. On various and divers dates, Plaintiff war subjected to excessive and/or unnecessary radiation by Defendants, their agents, servants,* employees and/or representatives.

10. Onor}aboutFebruary 23, 1984 the Plaintiff was assig'ned by' Defendant Company, Defendant Sweeney, Defendant 32 Galligan and/or their agents, servants, employees and/or i: representa'tives to move cement blocks which were located in the

[ restricted containment area closest to the Plant's reactor '

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11. ,

The Plaintiff was not properly clothed or equipped for said job by Defendants, their agents, servants, employees

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! 12. The movement of the cement blocks pursuant to

{ Defendants' work orders caused the air to be filled with radioactive dust particles. '

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13. An agent, se rva nt , employee and/or representative of the Defendants tested the air for radiation, ordered the '

Plaintiff to immediately evacuate the area, and then sealed the room.

! 14. The Plaintiff was exposed thereby to excessive and/or

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unnecessary levels of radiation. I i

15.

The Defendants, their agents, servants, employees l

and/or representatives tested the Plaintiff's clothing and 1' smears from the his nose and mouth: all samples were positive ,

for radiation. i li * '

!, 16. On or about June 1, .1986 Plaintiff learned that the i j; Nuclear Regulatory Commission cited Defendants' Pilgrim duelear P j

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' Power Plant as one of the worst managed and least safe nuclear '

i plants in the country.

17. As a direct and proximate reruit of Defendants' l

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actions and/or failures to'take proper safety precautions, Plaintiff has suffered serious and irreversible bodily injury, i,ncluding the continuous presence of cobalt and/or other radioactive substances in his organs, tissues, bones and genes; l- he has suffered sever'e emotional distress, trauma and anguish i due to his fea'r of progressive physical deterioration and '

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accelerated death from his radiation exposure; he has suffered j I

an impair;ed ability to live and work in his customary fashion;  !

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I he has been put to the expense of ' obtaining medic &l *.reatmant; and he has lost wages and benefits. '

4 CLAIMS

' COUNT I - ASSAULT AND BATTERY

18. The Plaintiff hereby incorporates by reference paragraphs 1 through 17 as though specifically alleged herein.

19. On various and divers dates, the Defendant

.  ! company.

through its agents, servants, employees and/or representatives l, 1

committed an assault and battery upon the Plaintiff by means of radiation. ,

20. I i The Plaintiff was thereby impacted by excessive levels

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of radiation. {'

21.

As a direct result of th'e assault and battery, the

• Plaintiff has suffered and continues to suffer pain, 1

irreversible bodily injury, progressive physical deterioration, l

severe emotional distress, and mental anguish. .

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COUNT II - STRICT LIABILITY -

l 22. The Plaintif f hereby incorporates by reference'

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l' paragraphs 1 through 21 as though specifically alleged herein.

23.

. The genesation of electricity by the Defendant company j at the Pilgrim' Nuclear Power Plant by means of atomic energy li iI creates unusual risks by virtue of its use and creation of radioactive material, and is an abnormally dangerous and ult ra-haza r'dous activity.

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24.

The . generation of electricity by the Defendant Company i at the Pilgrim Nuclear Power Plant is an unnatural and ab.normal I usage of land, involving a process capable of irradiating vast I

numbers of persons, inducing cancer, leukemia and genetic i mutation; and shortening human life. '

i 25.

Said generation of electricity by means of atomic p

energy created a danger of harm to the Plaintiff f rom exposure ftoradiation.

26.

The Defendant company is absolutely and strictly I

t j liable for any and all such harras resulting f rom the exposure of the Plaintiff to radiation in the course of his employment .

at the Pilgrim Nuclear Power Station at Plymout.h, Massachusetts.

27.

. As a direct result, the Plaintiff has suffered and continues to. suffer pain, irreversible bodily injury, progressive physical deterioration, severe emotional dist ress, and mental anguish f rom his exposure to radiation. -

i COUNT III - NEGLIGENCE .

28.

Plaintiff hereby incorporates by reference paragraphs 1 through 27 as though specifically alleged herein. -

29.

The Defendant Company at all times material, maintained exclusive control, management, direction and ,

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' supervision of the Pilgrim' Nuclear Power Plant at Plymouth,  !

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Massachusetts. and- the sources of radiation therein. i 30.

The exposure of the Plaintif f to excessive radiation at the Pilgrim Nuclear Power Plant is the kind of occurrence which usually does not happen in the absence of negligence by- I e

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. . i the Defendant Company, its agents, servants, employees and/or

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representatives. *

! 31. The Plaintiff did not cause his exposure to excessive  ;

L radiation at the Pilgrim Nuclear Power Plant. "

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32. The Defendant company negligently exposed the I

I' Plaintiff to excessive radiation at the Pilgrim Nuclear Power

, Plant.

33.

I-The Defendant Company negligently failed to adequately i

educate workers in a proper training program about the dangers of radiation.

34. The Defendant Company negligently failed to utilize additional training or procedures indicated, by previous violations of Nuclear Regulatory. Commission safety regulations. .

35. The Defendant Company negligently failed to inform Plaintiff-of the location of all radiati.on.

36.

The Defendant Company negligently failed to adequately secure areas of excessive radiation. .

37.

i The Defendant Company negligently failed to properly protect Plaintiff from radiati'on.

38. I i

The Defendant Company negligently failed to safely i operate the . Pilgrim Nuclear Power Plant at Plymouth,

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[ Massachusetts. .

39.

The Def endant company negligently managed -the Pilgrim ,

I l Nuclear Power Plaint at Plymouth, Massachusetts. I

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40. As a direct and' proximate result of negligence of the

.- f Defendant Company the Plaintiff has suffered and continues to

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• suffer pain, irreversible bodily injury, progressive physical g

deterioration, severe emotional distress, and mental anguish. . 1 COUNT IV - GROSS NEGLIGENCE '

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41.

The Plaintiff hereby incorporates by reference

• l j paragraphs 1 through 40 as though spec.ifically alleged therein.

(, 42. i I

The Defendant Company in a willful, wanton and ' l l!l reckless manner showed extreme disregard for the safety of the l'

t l'l Plaintiff in exposing him to excessive radiation, failing to .

inform him of the location of such radiation, failing to i adequately secure areas of excessive radiation, failing to '

properly protect Plaintiff f rom radiation, and failing to safely operate the Pilgrim Nuclear Power Plant.

t 43.

As a direct and proximate result of the outrageous, 1

willf ul, wanton and reckless . conduct of the Def endant the Plaintiff has suffered and continues to suffer pain, irreversible bodily injury, progressive physical deterioration,

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severe emotional distress, and mental anguish.

_ COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS  !

44.

The Plaintiff hereby ' incorporates by reference paragraphs 1 through 43 as though specifically alleged herein. I

45. I The Defendant Company was repeatedly cited by the I

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< . Nuclear Regulatory Commission for lapses in its radiation

? protection programs which resulted in excessive radiation '

exposures for plant workers.

46.

The Defendant Company's Pilgrim Nuclear Power Plant was cited b'y 'the Nuclear Regulatory Commission as one of the _

nation's worst' managed and least safe nuclear plants. ' '

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\ j s n 47.

Defendant Company knew, or should have know, that its failure to safely operate.the Pilgrim Nuclear Power Plant would l' cause severe emotional distress to the Plaintiff.

48.

As a direct result of the extreme and outrageous i

conduct of the Defendant Company the Plaintiff suffered and

- continues to suffer psychic injury, severe emotional distress, and mental anguish; the quality of his life is diminished.

COUNT VI - DECEIT i

I 49.

- The Plaintiff hereby incorporates by reference  ! -

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. paragraphs 1 through 48 as though specifically alleged herein. I i

50.

. At all relevant times, the Defendant Company, its agents, servants, employees and/or representatiyes represented

. to the Plaintiff that the Pilgrim Nuclear Power Plant was a safe place to work.

51.

At all relevant times, the Defendant Company, its

agents, servants, employees and/or representatives represented l

to the Plaintiff that he would be properly protected f rom I 1

i radiation.

f 52

! At all relevant times' the Def endant Company, its I agents, servants, employees and/or representatives represented 1

[ to Plaintiff that long term, low level radiation exposure would

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not unduly harm him.

': 53. At all' relevant times, the Def endant Company, its I agents, servants, employees and/or representatives represented .

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to the Plaintiff .-

that Defendant Company would safely and .

responsiblp operate the Pilgrim Nuclear facility. =

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,' 54. ,

The aforesaid representations were made recklessly

[ and/or with knowledge of their f alsity and were intended by I

I Defendant Company to induce the Plaintiff to work at the I

,,- Pilgrim Nuclear Power Plant.

{ I! 55.

Plaintiff reasonably relied on said representations to

- his detriment. '

56 As a direct and proximate result of Defendant Company's misrepresentations, Flaintiff has suffered and II li 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. t COUNT VII - NEGLIGENCE  !

57.

The Plaintif f hereby incorporates by ref erence ,

paragraphs 1 through 56 as though specifically alleged herein. l

58. l As the President and Chief Executive Officer, I 6efendant Sweeney owed Plaintiff a duty of care while he was l

employed as a laborer at {

the Pilgrim Nuclear Power Plant. I 59.

Defendant Sweeney, during his tenure, maintained control, management, I'

direction and supervision of the Plymouth I Nuclear Power Plant and the source.of radiation therein.

i 60.

Defendant Sweeney, knew or should have known, that the Pilgrim Nuclear Power Plant was one of the worst managed and f

least si fe nuclear plants in the country, and knew or should l l

have known, that Plaintiff would suffer excessive radiation exposure thereby.

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J 61.

4 Defendant Sweeney through his actions or failure to {

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act, negligently exposed the Plaintif f to excessive radiation, negligently failed to inform Plaintiff of the location of all ,

I' radiation, negligently failed to properly protect Plaintiff i

[ from radiation, negligently failed to safely and property l manage the Pilgrim Nuclear Power Plant.

62.

i As a direct and proximate result of the negligence of g

d Defendant Sweeney, the Plaintiff has suffered and continues to if t

suffer pain, irreversible bodily injury, progressive physical .

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! deterioration, severe emotional distress and mental anguish; he  !

t has incurred medical expenses and has lost wages and benefits. i CLUNT VIII - NEGLIGENCE ',

, 63. The Plaintif f hereby incorporates by reference paragraphs 1 through 62 as though specifically alleged herein.

i 64.

As the President and Chief Executive Officer,

' Defendant Galligan owed Plaintiff a duty of care while he was dmployed as a laborer at the Pilgrim Nuclear Power Plant.

65.

Defendant Galligan, during his tenure, maintained I*

t control, management, direction and supervision of the Plymouth j i- Nuclear Power Plant and the source of radiation- therein. l

, j, 66. <

' b Defendant Galligan, knew or should have known, that j L th; rilgrim Nuclear Power Plant was one of the worst managed l

i and least safe nuclear plants in the country, and knew or

should hav.e known that Plaintiff would suffer excessive I

radiation exposure thereby. i l; . ,

67. De'fandant Galligan through his actions or failure to i

act, negligently exposed the Plaintiff to excessive radiation, I l  !

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negligently failed to inform Plaintiff of the location of all l radiation, negligently failed to properly protect Plaintiff.

from radiation, negligently failed to safely and property 5

manage the Pilgrim Nuclear Power Plant. .

68. As a direct and proximate result of the negligence of Defendant Galligan, the Plaintiff has suffered and continues to

,, suffer pain, irreversible bodily injury, progressive physical deterioration, severe emotional" distress and mental anguish; he j

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 J. Galligan in the amount of Three Million Dollars ($3,000,000.00), plus interest and cost', s and for 1

whatever additional relief this Court deems just and proper.

I, The Plaintiff, Michael McMahon By His Attorneys, i

i 0%i d i Joh~n E. p% mere / '

ff Tanya Ka W Konjoka, V Murphy, Lamere and Murphy. P.C.

' P.O. Box 456 '

Braintree, MA 02184-0456  !

P% ( 617) 848-1850  :

Dated: o 4 \, l N7

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