ML20112A678

Forwards Complaint Against Util,Alleging Gm Whiting Suffered from Cancer as Result of Radiation Exposure During 1977 - 1980 & Died 831202

ML20112A678
Person / Time
Site:	Pilgrim
Issue date:	12/21/1984
From:	Harward J AMERICAN NUCLEAR INSURERS
To:	Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8501100006
Download: ML20112A678 (13)

Text

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JOHN E HARWARD VKeResident Clonns L

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December 21, 1984 Pr.uwe Mr.'Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U. S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Abstract #112 Boston Edison Company Re: Judith Whiting, et al.

Dear Mr. Saltzman:

We have just received a copy of the complaint filed in this case, copy attached, and it contains all of the information presently available to us in respect to the suit. The complaint alleges Gary Michael Whiting was exposed to radiation at the insureds Pilgrim nuclear plant, during the period from 1977 to 1980, while working there as a laborer employed by various subcontractors. His estate alleges'he suffered from cancer as a result of his radiation exposure and eventually died on December 2, 1983 as a result of this illness.

Our insured is presently gathering'their radiation exposure records for this individual in order to determine the extent of his radiation exposure while working at their facility and also obtain other file information to determine if there was any significant exposure incident involving this indivi-

= dual while working at their nuclear power plant.

The matter has been referred to defense counsel to file an appearance on behalf of Boston Edison Company and otherwise protect their interests in this litigation while our inves-tigation continues.

Very truly yours, 3J AD 0 $b A PDR J. E. Harward Vice President, Claims JEH/pbj Enclosure i

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The Exhonge Sute 245 / 2K) fomngton Avenue /Famngtat Connect <ut 06032 /(203677-7305 m E Dept.QO3 677-7715 / TLX.th 643-029 L_  ;

'/O PLAINTIFFS ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: -

TORT - MOTOR VEHICLE TORT - CONTR ACT -

EQUITABLE RELIEF - OTHER COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT

. . . . . . MI.D D1.ES EX . .a OFTHE I*I TRI AL COURT

, CIVIL ACTION

$, Judith Whiting, Et. A1. N . 84-6204 g .. . .. ... . . . .... ... . . Plaintiff (s) ns-

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,I Boston Edison Co., Inc., l

.31 .oefendant(s) i?

N is 4O SUMMONS N

ji Person Authorized to Receive Service, Boston Edison Co.,Inc.

y To the above-named Defendant: 800 Boylston Street

i Boston, Massachusetts

[ You are hereby summoned and required to wrve upon .

.. James.P. Keane,.. Esquire

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!( . . . .... . . . plaintiff's attorney. whose address is ...One.. Post. Office. Square.

s '. Bos p y,, Massachusetts.,02109 .an answer to the complaint which is herewith s= *

i. " served upon you. withm 20 days after senice of this summons upon you, exclusise of the day of senice if you n*

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N fail to do so. judgment by default will be taken against you for the reliet demanded in the complaint. You are also I!

j* required to file your answer to the complaint in the office of the Clerk of this court at . .. .

N . East,,Carnbridg9. . . .. . . . cither before service upon plaintiff's attorney or within a F . .

?' reasonable time 1hereafter.. * *

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• Unless otherwise prosidect by Rule Ip). )our answermust state as a counterclaim anyclaim u hich'3 ou may

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. , .t Ee . *: have'against the plaintitt w heh arises out of the trar.saction or occurrence that is the subject matter of the plamtiff's

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<lairn or you will thereaf fer be b'arred from making such claim in any other action. - *

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Witn,ess. .It s b1:thridge,. .Massachuskatts.

• the. . .Fif teenth ,(15th).. .. ...dayof'...J EfDbCr

. .. . ... .tn tne year of our Lord one thousand nine hundred and Eighty-Four. '

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A true r':1 /.ttest- ),C- - - . -d, - .

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NOTES I

1. The summons is asued pursuant to Mule 4 of the Manachuwtis kules of Cnil Procedure.

2. When more then one defendant es insched. the names of all detendants should appear in the caption 11 a separate summons n used for each defendant. each .th*uld he addrened to the particular defendant b

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. COMMONWEALTH OF MASSACh- .3ETTS

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MIDDLESEX,55.

JUDITH WHITING, ADMINISTRATRIX OF THE ESTATE OF GARY MICHAEL WHITING, AND JUDITH WHITING, INDIVIDUALLY, AND PPA OF MICHAEL WHITING VS. CIVIL ACTION NO.:

THE BOSTON EDISON COMPANY,INC.

JOHN DOE (ONE) CORPORATION JOHN DOE (TWO) CORPORATION Plaintiff's Claim Trial by Jury including All Issues Pursuant to Massachusetts Rules of Civil Procedure, Rule 39(a-c) Inclusive

. COMPLAINT Now comes the plaintiffs, Judith Whiting, Administratrix of the Estate of Gary Michael Whiting, and Judith Whiting, Individually, and PPA of Michael Whiting, and for their causes of action and claims for relief, states as follows:

PARTIES

1. At all times herein pertinent, the plaintiff, Judith Whiting,

' Individually and Administratrix of the Estate of Gary Michael Whiting is the properly appointed legal representation of the Estate of Gary y Michael Whiting who died on or about December 2,1983, and that said

' laintiff is a resident,of the County of Middlesex, Commonwealth of p

Massachusetts (hereinaf ter, Plaintiff Administratrix). Further, Judith Whiting PPA,is the mother of Michael Whiting, a minor (hereinafter Plaintiff Individually and PPA).

2. The Boston Edison Company,Inc. Is a corporation organized pursuant to the laws of the Commonwealth with its principle place of business at 800 Boylston Street, City of Boston, County of Suffolk,

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Commonwealth of Massachusetts, and at all times herein pertinent was the owner, operator, and licensee of a certain Pilgrim Nuclear Power Plant at Plymouth, Massachusetts (hereinafter Boston Edison).

3. John Doe (One) Corporation and John Doe (Two) Corporation were duly organized pursuant to the various laws of the states of the United States and at all times herein pertinent were engaged by the Boston Edison to provide technical health services for its Pilgrim Nuclear Power Plant at Plymouth, Massachusetts.

e JURISDICTION

4. The plaintiffs' claims for relief arises out of: the defendants' conduct, acting individually, jointly, severally, or in a concert of agreement and action, corporations organized pursuant to the Laws of the Commonwealth, transacting business in the Commonwealth, contracting to supply services and things in the Commonwealth, causing tortlous injury by act or omission in the Commonwealth, causing tortious injury in the Commonwealth by an act or omission outside the Commonwealth, by regular doing business or soliciting business in the Commonwealth, engaging in persistent course of conduct, within the Commonwealth, and derived substantial revenues from goods used or consumed or services rendered in the Commonwealth.

COUNTI '

, . . v (Nulsance - Wrongful Death - Pain and Suffering) 1-4. The Plaintiff, Administratrix, repeats and realleges paragraphs I through 3 of " Parties" and paragraph 4 of " Jurisdiction" E*

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'A-as her paragraphs I through 4 of Count I as through fully set forth herein.

5. That on or about 1977 to and including 1980, the plaintiff 5

decederd w1s an employee of certain contractors engaged in the repair, maintenance, and renovation of the Pilgrim Nuclear Power n

Plant, Plymouth, Massachusetts. That as part of his job duties and

.i responsibilities, the plaintiff was required to work upon the premises owned, operated and licensed by Boston Edison and to have certain

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technical health services performed by John Doe (One) and (Two),

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6. That as part of the premises aforesaid, the defendant Boston i{

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Edison owned, maintained, and control a certain ultra-hazardous substance commonly known es radioactive nuclear materials.

7. That John Doe (One) and (Two) during the aforementioned i time perio'd were'to provide certain health services including the b

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. establishment of procedures and' safeguards for the protection of s

persons lawfully upon the premises and the general public.

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En That the ownership, main enance and control of radioactive I

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nuclear material, and the open disiharge or release of said materials in its as ciated forms consti,tuted a hazardous situation and a g

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decednt came iricontact with the radioactive materials and/or its

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associated components within,the confines 00 the hazardous situation

'" and the nuisance created bk Boston Edison and maintenanced by John i

, Y.g- doe (One) and (Two). ,

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10. That as a direct and proximate result of the individual, joint and several conduct of the defendants' establishment and maintenance of a hazardous situation and nuisance, the plaintiff y sustained t" distinguishable personal injury of cancer and death.

11. That by the very nature of the hazardous situation, nuisance, and the nature of the radioactive materials and its component parts, the plaintiff decedent did not know, could not have reasonably discovered, could not ascertain facts, and in the exercise of reasonable diligence did not discover the true tacts for sometime af ter his exposure and the discovery of his cancerous condition.

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12. Prior to his injury and death, the plaintiff decedent was in good health and his next of kin are entitled to the f air monetary value of the decedent including, but not limited to compensation for loss of the reasonable expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent and to the reasonable medical, financial and burial expenses incurred.

WHEREFORE, the Plaintiff as Administratrix of the Estate of Gary Whiting for his wrongful death and conscious pain and suffering prays judgment, individually and jointly, against the defendants, Boston > Edison Company, Inc., John Doe (One) Corporation and John Doe (Two) Corporation in the sum of Three Million ($3,000,000.00)

Dollars together with interest and costs.

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COUNTH (Negligence - Wrortgf ul Desth - Pain and Suffering) 1-4. The plaintiff Administratrix, repeats and realleges Paragraphs I through 3 of " Parti 2s" and Paragraph 4 of " Jurisdiction" as her Paragraphs I through 4 of Count II as though fully set forth herein.

5-11. The plaintiff repeats and realleges Paragraph 5 through 11 of Count I as her Paragraph 5 through 11 of Count II as though fully set forth herein.

12. That notwithstanding the duties owed by the defendants to

.the plaintiff decedent, the defendants were negligent in one or more of the following acts or omissions:

a) Negligently failed to provide a proper and safe place for the

. decedent to work.

b) Negligently failed to implement and enforce adequate safeguards for the protection of persons lawfully upon the premises.

c) Negligently f ailed to supervise the personnel whose duty it l

was to monitor, inspect and provide technical / health services i

I on the premises.

d) Negligently fa!!ed to adequately inspect the premises to determine areas of danger.

e) Negligently f ailed to warn persons lawfully upon the ,

premises of dangerous areas.

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f) Negligently failed to monitor persons upon the premises for exposure to radioactive materials.

g) Negligently failed t,o provide adequate, fit and proper self-monitoring equipment for persons lawfully upon the premises.

h) Negligently failed to adopt adequate standards, procedures, and protocols for the health and safety of persons lawfully upon the premises.

1) Negligently violated the established standards, procedures, protocols, statutes, rules and regulations established for the protection of the health and safety of persons lawfully upon the premises.

j) Negligently failed to protect persons lawfully upon the premises from exposure to radioactive materials.

k) Were otherwise negligent in the use and occupancy of the premises so as to expose persons lawfully upon the premises to radioactive materials.

13. That as a direct and proximate result of the defendants' negligent acts and omissions aforesaid, the plaintiff was caused to sustain severe personal injuries and death from cancer.

14. Prior to his injury and death the plaintiff decedent was in good health and his next of kin are entitled to the fair monetary value of the decedent including, but not limited to the fair monetary value of the decedent including, but not limited to, compensation for loss of the reasonable expected net income, services, protection, care, assistance, companionship, comfort, guidance, counsel, and advice of the decedent and to the reasonable medical, financial, and ,

burial expenses incurred.

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WHEREFORE, the Plaintiff as Administratrix of the Estate of Gary Whiting for his wrongful ,

death and conscious pain and suffering prays judgment, individually and jointly, against the defendants Boston Edison Company, Inc., John Doe (One) Corporation, and John Doe (Two) Corporation in the sum of Three Million ($3,000,000.00)

Dollars together with interest and costs.

COUNT III _

Strict Liability In Tort - Ultra Hazardous Activity 1-4. The Plaintiff repeats and realleges Paragraphs I through 3 of " Parties" and Paragraph 4 of " Jurisdiction" as her Paragraph 1 through 4 of Count III as though fully set forth herein.

5-11. The Plaintiff repeats and realleges Paragraphs 5 through 11 of Count I as her Paragraphs 5 through 11 of Count 111 as though fully set forth herein.

12-13. The Plaintiff repeats and realleges Paragraph 12 and 13 of Count 11 as her Paragraphs 12 and 13 of Count III as fully set forth herein.

14. That the activity carried on at the premises of the Boston Edison, with the active assistance of the other defendants, was an ultra-hazardous undertaking and unreasonably dangerous.

15. That said nitra-hazardous activity and unreasonably dangerous undertaking proximately caused the plaintift decedent's injuries and death while he was lawfully upon the premises. Further

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_3 the plaintiffs decedent injuries and death were the direct result of the strict liability in tort of the defendants ultra-hazardous activities. .

16. Prior to his injury and death the plaintiff decedent was in good health and his next of kin are entitled to the fair monetary value of the decedent including, but not limited to the f air monetary value of the decedent including, but not limited to, compensation for loss of reasonable expected net income, services, protection, care, assistance, companionship, comf ort, guidance, counsel, and advice of the decedent and to the reasonable medical, financial and burial expenses incurred.

WHEREFORE, the Plaintiff as Administratrix of the Estate of Gary Whiting for his wrongful death and conscious pain and suffering prays judgment, individually and jointly, against the defendants S

Boston Edison Company, Inc., John Doe (One) Corporation, and John Doe (Two) Corporation in the sum of Three Million ($3,000,000.00)

Dollars together with interest and costs.

COUNT IV PUNITIVE DAMAGES 1-4. The plaintiff Administratrix repeats and realleges Paragraphs 1 through 3 of " Parties" and Paragraph 4 of " Jurisdiction" as her Paragraphs I through 4 of Count IV as though fully set forth herein.

5 - 11. The plaintiff repeats and realleges Paragraphs 5 through

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11 of Count I as her Paragraphs 5 through 11 of Count IV as though

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' 9 12-13. The plaintiff repeats and realleges Paragraphs 12 and 13 of Count 11 as her Paragraphs 12 and 13 of Count IV as though fully set forth herein.

14-16. The plaintiff repeats and realleges Paragraphs 14 through 16 of Count Ill as her Paragraphs 14 through 16 of Count IV as though fully set forth herein.

17. The plaintiff decedent's injuries and death were the direct and proximate results of the wilful, wanton, and reckless maintenance of a nuisance, negligence and strict liability in tort for the undertaking of an ultra-hazardous activity.

18. Prior to his injury and death the plaintiff decedent was in good health and the next of kin are entitled to punitive damages against the defendants for their wilful, wanton, and reckless acts and omissions.

WHEREFORE, the plaintiff as Administratrix of the Estate of Gary Whiting for his death and conscious pain and suffering prays judgment, individually and jointly, for punitive damages against the def endants Boston Edison Company, Inc., John Doe (One) Corporation and John Doe (Two) Corporation in the sum of Ten Million

($10,000,000.00) Dollars together with interest and costs.

COUNTV (Loss of Consortium) 1-4. The plaintiff Individually and PPA repeats and realleges Paragraphs _1 through 3 of " Parties" and Paragraph 4 of " Jurisdiction"

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as her Paragraphs I through 4 of Count V as though fully set forth herein. .

5-11. The plaintiff Individually and PPA repeats and realleges Paragraph 5 through 11 of Count I as her Paragraphs 5 through 11 of Count V as though fully set forth herein.

12-13. The plaintiff Individually and PPA repeats and realleges Paragraphs 12 and 13 of Count 11 as her Paragraphs 12 and 13 of Count V as though fully set forth herein.

14-16. The plaintiff Individually and PPA repeats and realleges Paragraphs 14 through 16 of Count 111 as her Paragraphs 14 through 16 of Count V as though fully set forth herein.

17-18. The plaintiff repeats and realleges Paragraphs 17 and 18 of Count IV as her Paragraphs 17 and 18 of Count V as though fully set forth herein.

19. That as a direct and proximate result of the nuisance, negligence, breach of strict liability in tort (Ultra-Hazardous Activity) and the wilful, wanton and reckless misconduct of the l ,

defendants, the plaintiff, individually and as PPA of Michael Whiting

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were denied the ' care, comfort and consortuim of their husband and

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father while he lived, all to their loss and dangers in the amount of n

One Million ($1,000,000.00) Dklars together with interest and costs.

WHEREFORE, the Plaintiff, individually and is PPA of Michael' Whiting prays judgment',' individually and jointly, against the H

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5 defendants Boston Edison Company, Inc., John Doe (One)

Corporation, and John Doe (Two) Corporation in the sum of One E

Million ($1,000,000.00) together with interest and costs.

For the Plaintiff )

MADAN AND MADAN Ou . /C ames P. Kehne, Esquire One Post Office Square Boston, Massachusetts 02109 423-2600 k

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