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    "localId": "75727536",
    "label": "Copies of Court Documents, March , 1933",
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    "id": "75727536",
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    "contentType": "document",
    "title": "Copies of Court Documents, March , 1933",
    "citationUrl": "https://catalog.archives.gov/id/75727536",
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        "Safety Light Collection",
        "Records Related to Radium Dial Painters"
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{
    "seq": 6,
    "pageIndex": 0,
    "type": "document",
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    "ocrText": "SCHEDULE \"A\"\nNEW JERSEY SUPREME COURT\nESSEX COUNTY\nCATHERINE CONNOLLY and\n)\nTHOMAS CONNOLLY, her husband,\n)\nPlaintiffs,\n)\nACTION AT LAW\n-VS-\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 New\nJersey, complaining of the defendant, says that:\nFIRST COUNT\n1. At the times hereinafter mentioned, the defendant was engaged\nin the business, among other things, of menufacturing and distributing radium\nand radium products and manufacturing and distributing radium and other\nluminous materials.\n2. The plaintiff Catherine Connolly was employed by the defendant\nfor a period of time from 1917 to 1924 at its plants in the Cities of Newark\nand Orange, New Jersey.\n3. At the time and place aforesaid, the said plaintiff was directed\nby the agents and servants of the defendant to mix certain luminous materials\ninto paint and to apply the said paint to the surface of various cardboard and\nmetal materials, principally used in the manufacture of watches, clocks and\nluminous signs.\n4. The materials used in making said luminous paint and the in-\nplements employed in mixing and applying said paint were furnished by the\ndefendant 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\nmaterials 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 deleterious\nproperties 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 carry\non the duties required of her by her employment; (b) to furnish her with\nsafe implements with which to handle the said materials and to apply the said\nso\npaint; (e) to/instruct her in the use of the implements and the handling of\nsaid materials as to protect her from any injury by reason of the handling and\napplying of said materials and paint; (d) to warn the plaintiff of the\ndangerous, poisonous and deleterious properties of the materials used in the\nperformance of her duties and the danger to her health and person incident to\nthe handling of said materials, and the application of said paint, all of which\nsaid defendant wholly failed to perform.\n7. During the time of her employment with the defendant as afore-\nsaid, plaintiff followed the instructions given her as aforesaid in mixing\nthe ingredients of the said paint and applying the same to the various sur-\nfaces as she was directed to do by the defendant, and during that time, she\nwas ignorent of the nature, character and composition of the materials fur-\nnished her for the making of said luminous paint, and that the said materials\nwere dangerous, poisonous and deleterious to the body and health of human\nbeings. In fact, said materials did enter and impregnate her body to her\npermanent 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\nbecome infected and poisoned; moreover, her various organs have been attacked\nso that their functions have been impaired and so that they will progressively\ndeteriorate in the future; moreover, the said plaintiff has suffered and will\nin the future suffer great pain and mental anguish; and, moreover, said\nplaintiff has been prevented permanently from following any occupation or\nvocation.\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 fur-\nnished by the said defendant, in accordance with the instructions given by\nthe defendant, plaintiff's body became, still is, and during the remainder of\nher life will be impregnated with a dangerous, poisonous, harmful and dele-\nterious substance.\n9. The nature of the said substance which has become impregnated\nin the body of the plaintiff as hereinabove set forth is of such an insidious\ncharacter that it did not produce the consequential injury to the health and\nbody of the plaintiff as hereinabove set forth until the year of 1931.\n10.\nParagraph of the First Count is hereby repeated and made a part\nhereof.\nTHIRD COUNT\n1.\nParagraphs 1 to 7 inclusive of the First Count are hereby re-\npeated and made a part hereof.\n8.\nParagraph 8 of the Second Count is hereby repeated and made a\npart hereof.\n9. The said poisonous and deleterious substance and material so\nintroduced into the body of the plaintiff continually attacked the said\nplaintiff's body internally and continually and progressively broke the\nsame down.\n10. The nature of said attacks was such that the consequences and\neffects did not become apparent, as is the usual course and order of such\ncases, so that the said plaintiff did not have knowledge of the nature of\nher silment or that it was due to the negligence of the said defendant or\ncaused by her work for the defendant as aforesaid, until the year of 1931.\n11. The said attacks described above were of a continuing, in-\nsidious and progressive nature and did not culminate or crystallize so as to\nbe susceptible to discovery or diagnosis until the year of 1931. This is all\nin accordance with the medical nature of such cases.\nFOURTH COUNT\n1. The plaintiff Thomas Connolly is the husband of the plaintiff\nCatherine Connolly.\n22. Paragraphs 1 to 8 inclusive of the First Count are hereby re-\npeated and made a part hereof.\n10. On account of the injuries of his said wife as aforesaid, the\nplaintiff Thomas Connolly has been obliged and will, in the future, be obliged\nto expend large sums of money in endeavoring to cure his said wife of her\nailments; moreover, said plaintiff has lost and will in the future lose the\nservices, aid and consortium of his said wife.\nFIFTH COUNT\n1.\nThe plaintiff Thomas Connolly is the husband of the plaintiff\nCatherine Connolly.\n2. Paragraphs 1 to 7 inclusive of the First Count are hereby re-\npeated and made a part hereof.\n9. Paragraphs 8, 9 and 10 of the Second Count are hereby repeated\nand made a part hereof.\n12. On account of the injuries of his said wife as aforesaid, the\nplaintiff Thomas Connolly has been obliged and will, in the future, be obliged\nto expend large sums of money in endeavoring to cure his wife of her ailments;\nmoreover, said plaintiff has lost and will in the future lose the services, aid\nand consortium of his said wife,\nSIXTH COUNT\n1. The plaintiff, Thomas Connolly, is the husband of the plaintiff\nCatherine Connolly.\n2. Paragraphs 1 to 7 inclusive of the First Count are hereby re-\npeated and made a part hereof.\n9. Paragraphs 8 of the Second Count is hereby repeated and made a\npart hereof.\n10. Paragraphs 9, 10 and 11 of the Third Count are hereby repeated\nand made a part hereof.\n11. On account of the injuries of his said wife as aforesaid, the\nplaintiff Thomas Connolly has been obliged and will in the future be obliged\nto expend large sums of money in endeavoring to cure his said wife of her\nailments; moreover, said plaintiff has lost and will in the future lose the\nservices, 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 ($150,000.00)\nDollars on the First, Second and Third Counts.\nWHEREFORE, the plaintiff Thomas Connolly demands as\ndamages of the defendant, the sum of Fifty Thousand ($50,000.00) Dollars on\nthe Fourth Fifth and Sixth Counts.\nSchneider & Schneider\nAttorneys of Plaintiffs."
}