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{
    "localId": "75727459",
    "label": "Complaint, March 11, 1933",
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{
    "id": "75727459",
    "sourceUrl": "https://catalog.archives.gov/id/75727459",
    "contentType": "document",
    "title": "Complaint, March 11, 1933",
    "citationUrl": "https://catalog.archives.gov/id/75727459",
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        "Safety Light Collection",
        "Records Related to Radium Dial Painters"
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{
    "seq": 8,
    "pageIndex": 0,
    "type": "document",
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    "ocrText": "NEW JERSEY SUPREME COURT\nESSEX COUNTY\nCATHERINE CONNOLLY and\n:\nTHOMAS CONNOLLY, her husband,\n:\nPlaintiffs,\n:\nACTION AT LAW\nvs.\n:\nCOMPLAINT\nUNITED STATES RADIUM\nCORPORATION (formerly Radium :\nLuminous Material Corp.), a\ncorporation of the State of\n:\nDelaware,\n:\nDefendant.\n#\nPlaintiffs, Catherine Connolly and Thomas Connolly, her\nhusband, residing in the City of Newark, County of Essex and State of\nNew Jersey, complaining of the defendant, say that:\nFIRST COUNT\n1. At the times hereinafter mentioned, the defendant was en-\ngaged in the business, among other things, of manufacturing and distribut-\ning radium and radium products and manufacturing and distributing radium\nand other luminous materials.\n2. The plaintiff Catherine Connolly was employed by the de-\nfendant for a period of time from 1917 to 1924 at its plants in the Cities\nof Newark and Orange, New Jersey.\n3. At the time and place aforesaid, the said plaintiff was\ndirected by the agents and servants of the defendant to mix certain lum-\ninous materials into paint and to apply the said paint to the surface of\nvarious cardboard and metal materials, principally used in the manufacture\nof watches, clocks and luminous signs.\n4. The materials used in making said luminous paint and the\nimplements employed in mixing and applying said paint were furnished by\nthe defendant and the plaintiff was instructed in the manner in which said\nmaterials were to be mixed and the said paint applied by the agents and\nservants of the defendant.\n5. The said defendant knew or should have known that the ma-\nterials furnished to the plaintiff in the performance of her duties as\naforesaid contained substances which were dangerous, poisonous and dele-\nterious to the body and health of the plaintiff, and knew or should have\nknown that the method and manner in which the defendant instructed the\nplaintiff to use and apply said materials and paint were so devised as to\nnegligently expose the plaintiff to the dangerous, poisonous and deleter-\nious properties of the ingredients of the said materials.\n6. It was the duty of the defendant to use reasonable care:\n(a) to furnish the plaintiff with a safe place in which to conduct or\ncarry on the duties required of her by her employment; (b) to furnish\nher with safe implements with which to handle the said materials and to ap-\nply the said paint; (c) to so instruct her in the use of the implements\nand the handling of said materials as to protect her from any injury by\nreason of the handling and applying of said materials and paint; (d) to\nwarn the plaintiff of the dangerous, poisonous and deleterious properties\nof the materials used in the performance of her duties and the danger to\nher health and person incident to the handling of said materials and the\napplication of said paint, all of which said defendant wholly failed to\nperform.\n7. During the time of her employment with the defendant as\naforesaid, plaintiff followed the instructions given her as aforesaid in\nmixing the ingredients of the said paint and applying the same to the var-\nious surfaces as she was directed to do by the defendant, and during that\ntime, she was ignorant of the nature, character and composition of the\nmaterials furnished her for the making of said luminous paint, and that the\nsaid materials were dangerous, poisonous and deleterious to the body and\nhealth of human beings. In fact, said materials did enter and impregnate\nher body to her permanent and serious harm.\n8. On account of the negligence of the defendant as set forth\nherein-above, the said plaintiff has become permanently and seriously sick\nand disabled in her head, body, bones, limbs and nervous system and has be-\ncome infected and poisoned; moreover, her various organs have been attacked\nso that their functions have been impaired and 80 that they will progress-\nively deteriorate in the future; moreover, the said plaintiff has suffered\nand will in the future suffer great pain and mental anguish; and, moreover,\nsaid plaintiff has been prevented permanently from following any occupation\nor vocation.\nSECOND COUNT\n1. Paragraphs 1 to 7 inclusive of the First Count are hereby\nrepeated and made a part hereof.\n8. As a result of the handling of the said materials by the\nplaintiff and the mixing and applying of the paint with the implements\nfurnished by the said defendent, in accordance with the instructions given\nby the defendant, plaintiff's body became, still is, and during the re-\nmainder of her life will be impregnated with a dangerous, poisonous, harm-\nful and deleterious substance.\n9. The nature of the said substance which has become impreg-\nnated in the body of the plaintiff as herein-above set forth is of such\nan insidious character that it did not produce the consequential injury\nto the health and body of the plaintiff as herein-above set forth until\nthe year of 1931.\n10. Paragraph 8 of the First Count is hereby repeated and made\na part hereof.\nTHIRD COUNT\n1. Paragraphs 1 to 7 inclusive of the First Count are hereby\nrepeated and made a part hereof.\n8. Paragraph 8 of the Second Count is hereby repeated and\nmade a part hereof.\n9. The said poisonous and deleterious substance and material\nso introduced into the body of the plaintiff continually attacked the\nsaid plaintiff's body internally and continually and progressively broke\nthe same down.\n10. The nature of said attacks was such that the consequences\nand effects did not become apparent, as is the usual course and order of\nsuch cases, so that the said plaintiff did not have knowledge of the nature\nof her ailment or that it was due to the negligence of the said defendant\nor caused by her work for the defendant as aforesaid, until the year of\n1931.\n11. The said attacks described above were of a continuing, in-\nsidious and progressive nature and did not culminate or crystallize so\nas to be susceptible to discovery or diagnosis until the year of 1931.\nThis is all in accordance with the medical nature of such cases.\nFOURTH COUNT\n1. The plaintiff Thomas Connolly is the husband of the plain-\ntiff Catherine Connolly.\n2. Paragraphs 1 to 8 inclusive of the First Count are hereby\nrepeated and made a part hereof.\n10. On account of the injuries of his said wife as aforesaid,\nthe plaintiff Thomas Connolly has been obliged and will, in the future,\nbe obliged to expend large sums of money in endeavoring to cure his said\nwife of her ailments; moreover, said plaintiff has lost and will in the\nfuture lose the services, aid and consortium of his said wofe.\nFIFTH COUNT\n1. The plaintiff Thomas Connolly is the husband of the plain-\ntiff Catherine Connolly.\n2. Paragraphs 1 to 7 inclusive of the First Count are hereby\nrepeated and made a part hereof.\n9. Paragraphs 8, 9 and 10 of the Second Count are hereby re-\npeated and made a part hereof.\n12. On account of the injuries of his said wife as aforesaid,\nthe plaintiff Thomas Connolly has been obliged and will, in the future,\nbe obliged to expend large sums of money in endeavoring to cure his said\nwife of her ailments; moreover, said plaintiff has lost and will in the\nfuture lose the services, aid and consortium of his said wife.\nSIATH COUNT\n1. The plaintiff, Thomas Connolly, is the husband of the\nplaintiff Catherine Connolly.\n2. Paragraphs 1 to 7 inclusive of the First Count are hereby\nrepeated and made a part hereof.\n9. Paragraph 8 of the Second Count is hereby repeated and made\na part hereof.\n10. Paragraphs 9, 10 and 11 of the Third Count are hereby re-\npeated and made a part hereof.\n11. On account of the injuries of his said wife as aforesaid,\nthe plaintiff Thomas Connolly has been obliged and will in the future be\nobliged to expend large sums of money in endeavoring to cure his said wife\nof her ailments; moreover, said plaintiff has lost and will in the future\nlose the services, aid and consortium of his said wife.\nWHEREFORE, the plaintiff Catherine Connolly demands as\ndamages of the defendant, the sum of One Hundred Fifty Thousand\n($150,000.00) Dollars on the First, Second and Third Counts.\nWHEREFORE, the plaintiff Thomas Connolly demands as dam-\nages of the defendant, the sum of Fifty Thousand ($50,000.00) Dollars\non the Fourth, Fifth and Sixth Counts.\n(Signed) Schneider & Schneider\nAttorneys of Plaintiffs.\nNEW JERSEY SUPREME COURT\nESSEX COUNTY\nCATHERINE CONNOLLY and\nTHOMAS CONNOLLY, her husband,\nPlaintiffs,\nVS.\nUNITED STATES RADIUM CORPORA-\nTION (formerly Radium Luminous\nMaterial Corp.), a. corporation\nof the State of Delaware,\nDefendants.\nServed on\nAlfred F. McCabe,\nAsst. Secy.\nSCHNEIDER & SCHNEIDER\nat 11:10 A.M.,\nAttorneys of Plaintiffs,\nMarch 11, 1933.\nLefcourt Building\nCorporation Trust Co.,\nNewark, New Jersey\nJersey City\nA TRUE COPY\nJOSEPH E. COLFORD,\nSheriff"
}