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{
    "localId": "75721540",
    "label": "Copies of Court Documents, June , 1927",
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    "id": "75721540",
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    "contentType": "document",
    "title": "Copies of Court Documents, June , 1927",
    "citationUrl": "https://catalog.archives.gov/id/75721540",
    "collections": [
        "Safety Light Collection",
        "Records Related to Radium Dial Painters"
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{
    "seq": 6,
    "pageIndex": 0,
    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0000978.pdf",
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    "ocrText": "NEW JERSEY SUPREME COURT\nESSEX COUNTY.\n:\nKATHERINE SCHAUB,\n:\nPlaintiff,\n:\nAction-At-Law\nVS\n:\nCOMPLAINT.\nUNITED STATES RADIUM CORPORATION,\n:\na corporation of the State of\nDelaware, individually, and THE\n:\nLUMINITE CORPORATION, a corp-\noration of the State of New Jersey, :\nindividually, and UNITED STATES\nRADIUM CORPORATION, a corporation\n:\nof the State of Delaware and\nTHE LUMINITE CORPORATION, a corp-\n:\noration of the State of New Jersey,\njointly, and UNITED STATES RADIUM\n:\nCORPORATION, a corporation of the\nState of Delaware and in the\n:\nalternative, THE LUMINITE CORPORA-\nTION, a corporation of the State of\n:\nNew Jersey,\n:\nDefendants.\n:\nPlaintiff, Katherine Schaub, residing in the City of Newark,County\nof Essex and State of New Jersey complaining says that:\nFIRST COUNT.\n1. From on or about the first day of February, 1917 to August 1,\n1922, the defendant United States Radium Corporation,was a corporation\nengaged in the extraction and manufacture of radioactive substances and\nthe manufacture of products of the said radioactive substances for com-\nmercial purposes, having its principal place of business at the corner\nof Alden and High Streets in the City of Orange, County of Essex and\nState of New Jersey.\n2. From on or about June 7,1922 to October 1,1923, the defendant,\nThe Luminite Corporation, was a corporation engaged in the handling of\nradioactive substances and the manufacture of products of said radio-\nactive substances for commercial purposes, having its principal place\nof business at Nos. 24-30 Scott Street, inthe City of Newark, County of\nEssex and State of New Jersey.\n3. Said radioactive substances referred to in paragraphs 1 and 2\nof this complaint which were radium mesothorium and thorium-x are highly\ndangerous substances and injurious to the human body when brought into\nclose proximity therewith as those in charge of thedefendants' operations\nwell knew.\n4. The defendants, United States Radium Corporation and The Luminite\nCorporation, well knowing the dangerous nature of the said radioactive\nwubstances failed to keep the same in control but were negligent in al-\nlowing the said dangerous substances to excape and come within close\nproximity with the plaintiff's person where the said plaintiff was law-\nfully entitled to be and the said defendants were negligent in that\nthey carelessly and negligently placed said substances so that the\nplaintiff was exposed to the penetrative rays of the said substances,\ninhaled the dust of the said radioactive substances and emanations\nthereof and ingested the same to the plaintiff's great damage.\n5. Plaintiff was not informed or warned and had no knowledge of the\nnature of the said dangerous radioactive substances into close proximity\nwith which she was by the defendants' negligence brought.\n6. Plaintiff was exposed to said radioactive substances for the\ngreater part of the day time during a period of time from on or about\nthe first day of February, 1917 to on or about the first day of July,\n1920, and from on or about the 27th day of November,1920 to June 7,1922,\nat the plant of the defendant, United States Radium Corporation\nhereinbefore referred to in paragraph 1 of this count and from on or\nabout the 7th day of June,1922 to on or about September 27,1923, at the\nplant of the Luminite Corporation, referred to in paragraph 2 of\nthis count.\n7. By reason of the defendants' negligence as hereinbefore set\nforth in paragraph 4 of this count, the plaintiff's body became 1m-\npregnated with said radioactive substances.\n8. Said radioactive substances so introduced into the plaintiff's\nsystem still continue to bombard plaintiff's body internally and con-\ntinually attack and break down the plaintiff's tissues and body substance\ncausing the plaintiff thereby great pain and suffering both mental and\nphysical.\n9. The effect of the introduction of the said redioactive sub-\nstances into the human body is such that the effect does not become\nimmediately apparent and plaintiff did not feel said effect or know of\nthe beginning of the continuing injury done her until several years\nfollowing her last exposure to said dangerous radioactive substances\nand the plaintiff was not apprised of the nature of her bodily ailments\nor informed or knew that her suffering was due to the negligence of\nthe defendants until July, 1925.\n10. By reason of the premises plaintiff became, was and is sick, sore,\nlame, disabled and crippled with continually increasing pain and suffer-\ning both mental and physical from the time of the commencement of her\nillness unto the present, during all which time the plaintiff underwent\nand suffered and will in the future undergo and suffer great pain both\nmental and physical and plaintiff has been, is and will be hindered and\nprevented from transacting her lawful affairs and has been is and will\nbe deprived of divers large gains and money spent in endeavoring to be\ncured of said disability and incapacity received as aforesaid and plain-\ntiff has likewise suffered great loss in that she because of her disabil-\nity and incapacity received as aforesaid, has been unable and will be un-\nable to pursue a gainful occupation.\nPlaintiff demands against the defendant, United States Radium\nCorporation, individually, and against The Luminite Corporation, indiv-\nidually, and or against the United States Radium Corporation and The\nLuminite Corporation jointly and or against the United States Radium\nCorporation or in the alternative against the defendant The Luminite\nCorporation, One Hundred and Twenty-five Thousand ($125,000) Dollars\ndamages on the first count.\nSECOND COUNT\n1. Paragraphs 1,2 and 3 of the first count are hereby repeated\nas paragraph 1 of the second count.\n1917, to on or about use\n7th of November,1920 to on or about the seventh of June,1922 plaintiff\nwas employed as a servant of the defendant, United States Radium\nCorporation to work in said defendant's factory in Orange, aforesaid and\nfrom on or about the seventh of June,1922 to on or about the 27th of\nSeptember,1923, plaintiff was employed as a servant of the defendant\nThe Luminite Corporation to work in said defendant's factory in Newark\naforesaid.\n3. Said defendant, United States Radium Cor oration failed to\nprovide the plaintiff with a safe place to work but ordered and instruct-\ned the plaintiff to handle and to be constantly in close proximity with\nquantities of dangerous radioactive substances.\n4. Shid defendant, The Luminite Corporation failed to provide the\nplaintiff with a safe place to work but ordered and instructed the\nplaintiff to handle and to be constantly in close proximity with\nquantities of dangerous radioactive substances.\n5. Plaintiff did not know of the dangerous nature of the said\nradioactive substances or their harmful effects upon the human body.\n6. Defendant, United States Radium Corporation gave no warning to the\nplaintiff of the dangerous nature of said radioactive substances into\nclose proximity with which plaintiff was brought but constantly orddred\nand directed plaintiff to be brought into close proximity with said\ndangerous radioactive substances with the result that plaintiff was ex-\nposed to the penetrative rays of the said radioactive substances and the\nemanations thereof and plaintiff further ingested said radioactive sub-\nstances to the plaintiff's great damage.\n7. Defendant, The Luminite Corporation gave no warning to the\nplaintiff of the dangerous nature of said radioactive substances into\nclose proximity with which plaintiff was brought but constantly ordered\nand directed plaintiff to be brought into close proximity with said\ndangerous radioactive substances with the result that plaintiff was ex-\nposed to the penetrative rays of said reaioactive substances and the\nemanations thereof and plaintiff further ingested said radioactive sub-\nstances to the plaintiff's great damage.\n8. Plaintiff repeats paragraphs 7,8 and 9 of the first count as\nparagraphs 8 of the second count.\n9. As a result of the said introduction of the said dangerous radio-\nactive substances into the plaintiff's body and defendants' neglect to\nwarn plaintiff of the dangerous nature of the said dangerous radioactive\nsubstances plaintiff has become sick, sore lame and disabled and has\nsuffered, still suffers and will continue to suffer great pain both\nmental and physical and has been prevented and will be prevented from\npursuing a gainful occupation and transacting her lawful business and has\nbeen compelled and will be compelled to outlay and expend great sums of\nmoney in an endeavor to be cured of said disability and incapacity re-\nceived as aforesaid.\nPlaintiff demands against the defendant, United States Radium\nCorporation, individually, and against The Luminite Corporation, individ-\nually, and or against the United States Radium Corporation and The\nLuminite Corporation jointly and or against the United States Radium\nCorporation or in the alternative against the defendant The Luminite\nCorporation, One Hundred and Twanty-five Thousand ($125,000) Dollars\ndamages on the second count.\n.(signed) Potter & Berry\nAttorneys of Plaintiff"
}