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FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
EIGHTH JUDICIAL DISTRICT
COUNTY OF ERIE
PATSY YOUNG, ANSWER OF
DEFENDANT CHATTEM, INC.
Plaintiff, TO PLAINTIFF’S COMPLAINT
-against-
Index No.: 815818/2020
AVENTIS, INC., et al.,
Defendants.
Defendant Chattem, Inc. (“Chattem”), by and through undersigned counsel, submits the
following in answer to the Complaint (the “Complaint”) filed against it.
1. Plaintiff PATSY YOUNG resides at 99 Kensington Avenue, Buffalo, New York
14214, County of Erie.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
2. If it is deemed that Article 16 of the CPLR applies to this action, Plaintiff asserts
that this action falls within one or more of the exceptions set forth in CPLR 1602 including, but
not limited to, the exception for cases where a person is held liable for causing the claimant's injury
by having acted with reckless disregard for the safety of others (CPLR 1602(7)); the exception for
cases involving any person held liable for causing claimant’s injury by having unlawfully released
into the environment a substance hazardous to public health, safety or the environment (CPLR
1602(9)); the exception pertaining to claims against a Defendant where the claimant has sustained
a “grave injury” as defined in Section Eleven of the Workers’ Compensation law to the extent of
the equitable share of any person against whom the claimant is ban-ed fi-om asserting a cause of
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action because of the applicability of the Workers’ Compensation Law (CPLR 1602(4)); the
exception for any parties found to have acted knowingly or intentionally and in concert to cause
the acts or failures upon which liability is based (CPLR 1602(11)); the exception based upon
defendants' non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); and
the exception for persons held liable in a product liability action where the manufacturer of the
product is not a party to the action and jurisdiction over the manufacturer could not with due
diligence be obtained (CPLR 1602(10)).
ANSWER: This paragraph asserts a legal conclusion to which no response is
required. To the extent a response is required, Chattem denies that any of the exceptions to
Article 16 of the CPLR apply. Chattem further denies all allegations contained in this
paragraph.
3. That upon information and belief and at all times hereinafter mentioned, Defendant
AVENTIS, INC. was and still is a Pennsylvania corporation which transacted business in the State
of New York, with its principal place of business located at 55 Corporate Drive, Bridgewater, NJ
08628. At all times relevant, it has engaged in the manufacture, sale and distribution of materials
and/or products containing the substance asbestos.
ANSWER: This paragraph does not apply to Chattem, and therefore no response
is required. To the extent a response is required, Chattem denies all allegations.
4. That upon information and belief and at all times hereinafter mentioned, Defendant.
AVON PRODUCTS, NC. was and still is a New York corporation which transacted business in
the State of New York, with its principal place of business located at 1 Avon Place, Suffern, NY
10901. At all times relevant, it has engaged in the manufacture, sale and distribution of materials
and/or products containing the substance asbestos.
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ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
5. That upon information and belief and at all times hereinafter mentioned, Defendant
BLOCK DRUG COMPANY, INC. (sued individually and as successor-in-interest to TI-IE GOLD
BOND STERILIZING POW DER COMPANY a/k/a THE GOLD BOND COMPANY) was and
still is a New Jersey corporation which transacted business in the State of New York, with its
principal place of business located at 257 Cornelison Avenue, Jersey City, NJ 07302. At all times
relevant, ithas engaged in the manufacture, sale and distribution of materials and/or products
containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
6. That upon information and belief and at all times hereinafter mentioned, Defendant
BLOCK DRUG CORPORATION (sued individually and as successor-in-interest to THE GOLD
BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) was and
still is a New Jersey corporation which transacted business in the State of New York, with its
principal place of business located at 257 Cornelison Avenue, Jersey City, NJ 07302. At all times
relevant, ithas engaged in the manufacture, sale and distribution of materials and/or products
containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
7. That upon information and belief and at all tunes hereinafter mentioned, Defendant
BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to
MINERAL PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER
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CLARK & DANIELS, INC.) was and still is a Delaware corporation which transacted business in
the State of New York, with its principal place of business located at 5083 Pottsville Pike, Reading,
PA 19005. At all times relevant, it has engaged in the manufacture, sale and distribution of
materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
8. That upon information and belief and at all times hereinafter mentioned, Defendant
BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. (sued
individually and as successor-in-interest to WHITTAKER CLARK &; DANIELS, INC.) was and
still is a Delaware corporation which transacted business in the State of New York, with its
principal place of business located at 1000 Coolidge Street, South Plainfield, NJ 07080. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products
containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
9. That upon information and belief and at all times hereinafter mentioned, Defendant
CHARLES B. CHRYSTAL COMPANY, INC. was and still is a New York corporation which
transacted business in the State of New York, with its principal place of business located at 89
Coachlight Circle, Prospect, CT 06712. At all times relevant, it has engaged in the manufacture,
sale and distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
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10. That upon information and belief and at all times hereinafter mentioned, Defendant
CHATTEM, INC. (sued individually and as successor-in-interest to BLOCK DRUG
CORPORATION, successor-in-interest to THE GOLD BOND STERILIZING POWDER
COMPANY a/k/a THE GOLD BOND COMPANY) was and still is a Tennessee corporation
which transacted business in the State of New York, with its principal place of business located at
1715 W. 38th Street, Chattanooga, TN 37409-1248. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem admits it is a Tennessee corporation. Chattem denies all other
allegations contained in this paragraph. Chattem specifically denies that its products contain
asbestos, or that it is successor-in-interest to any entity.
11. That upon information and belief and at all times hereinafter mentioned, Defendant
COLGATE-PALMOLIVE COMPANY was and still is a Delaware corporation which transacted
business in the State of New York, with its principal place of business located at 300 Park Avenue,
New York, NY 10022. At all times relevant, it has engaged in the manufacture, sale and
distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
12. That upon information and belief and at all times hereinafter mentioned, Defendant
CYPRUS AMAX MINERALS COMPANY (sued individually, doing business as, and as
successor to AMERICAN TALC COMPANY, METROPOLITAN TALC CO. NC. and
CHARLES MATHIEU INC. and SIERRA TALC COMPANY and UNITED TALC COMPANY)
was and still is a Delaware corporation which transacted business in the State of New York, with
its principal place of business located at 1 N. Central Avenue, #100, Phoenix, AZ 85004-4416. At
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all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or
products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
13. That upon information and belief and at all times hereinafter mentioned, Defendant
CYPRUS MINES CORPORATION was and still is a Delaware corporation which transacted
business in the State of New York, with its principal place of business located at 1 N. Central
Avenue, #100, Phoenix, AZ 85004-4416. At all times relevant, it has engaged in the manufacture,
sale and distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
14. That upon information and belief and at all times hereinafter mentioned, Defendant
GLAXOSMITHKLINE LLC (sued individually and as successor-in-interest to BLOCK DRUG
CORPORATION, successor-in-interest to THE GOLD BOND STERILIZING POWDER
COMPANY a/k/a THE GOLD BOND COMPANY and as a successor-in-interest to NOVARTIS
CORPORATION and NOVARTIS CONSUMER HEALTH INC.) was and still is a Delaware
limited liability company which transacted business in the State of New York, with its principal
place of business located at 1 North Franklin Plaza, 200 N. 16th Street, Philadelphia, PA 19106.
At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or
products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
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15. That upon information and belief and at all times hereinafter mentioned, Defendant
GSK CONSUMER HEALTH, INC. f/k/a NOVARTIS CONSUMER HEALTH INC. f/k/a CIBA
SELF- MEDICATION, INC. was and still is a Delaware corporation which transacted business in
the State of New York, with its principal place of business located at 1000 GSK Drive, Moon
Township, PA 15108. At all times relevant, it has engaged in the manufacture, sale and distribution
of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
16. That upon information and belief and at all times hereinafter mentioned, Defendant
INSIGHT PHARMACEUTICALS CORPORATION, a subsidiary of PRESTIGE BRANDS
HOLDINGS, INC., was and still is a Delaware corporation which transacted business in the State
of New York, with its principal place of business located at 1170 Wheeler Way, Suite 200,
Langhorne, PA 19047-1749. At all times relevant, it has engaged in the manufacture, sale and
distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
17. That upon information and belief and at all times hereinafter mentioned, Defendant
INSIGHT PHARMACEUTICALS LLC was and stillis a Delaware limited liability company
which transacted business in the State of New York, with its principal place of business located at
1170 Wheeler Way, Suite 200, Langhorne, PA 1 9047-1 749. At all times relevant, it has engaged
in the manufacture, sale and distribution of materials and/or products containing the substance
asbestos.
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ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
18. That upon information and belief and at all times hereinafter mentioned, Defendant
MACY'S INC. f/k/a FEDERATED DEPARTMENT STORES, INC. (sued individually and as
successor-in- interest to TWIN FAIR, INC.) was and still is a Delaware corporation which
transacted business in the State of New York, with its principal place of business located at 151
W. 34th Street, New York, NY 10001. At all times relevant, it has engaged in the manufacture,
sale and distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
19. That upon information and belief and at all times hereinafter mentioned, Defendant
NOVARTIS CORPORATION (sued individually and as a successor-in-interest to CIBA-GEIGY
CORPORATION and its subsidiaries CIBA CONSUMER PHARMACEUTICALS and CIBA
SELF-MEDICATION, INC.) was and still is a New York corporation which transacted business
in the State of New York, with its principal place of business located at One Health Plaza, E.
Hanover, NJ 07936. At all times relevant, it has engaged in the manufacture, sale and distribution
of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
20. That upon information and belief and at all times hereinafter mentioned, Defendant
NOVARTIS PHARMACEUTICALS CORPORATION (sued individually and as successor-in-
interest to CIBA-GEIGY CORPORATION and its subsidiary CIBA CONSUMER
PHARMACEUTICALS) was and still is a Delaware corporation which transacted business in the
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State of New York, with its principal places of business located at 59 Route 10, E. Hanover, NJ
07937 and 220 E. Hanover Avenue, Morris Plains, NJ 07950. At all times relevant, it has engaged
in the manufacture, sale and distribution of materials and/or products containing the substance
asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
21. That upon information and belief and at all times hereinafter mentioned, Defendant
PRESTIGE BRANDS HOLDINGS, INC. was and still is a Virginia corporation which transacted
business in the State of New York, with its principal place of business located at 660 White Plains
Road, Suite 250, Tarrytown, NY 10591. At all times relevant, it has engaged in the manufacture,
sale and distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
22. That upon information and belief and at all times hereinafter mentioned, Defendant
PRESTIGE CONSUMER HEALTHCARE INC. f/k/a PRESTIGE BRANDS, INC. was and still
is a Delaware corporation which transacted business in the State of New York, with its principal
place of business located at 660 White Plains Road, Suite 250, Tarrytown, NY 10591. At all times
relevant, ithas engaged in the manufacture, sale and distribution of materials and/or products
containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
23. That upon information and belief and at all times hereinafter mentioned, Defendant
SANOFI-AVENTIS U.S. LLC (sued individually and as successor by merger to AVENTIS
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PHARMACEUTICALS INC.) was and still is a Delaware limited liability company which
transacted business in the State of New York, with its principal place of business located at 55
Corporate Drive, Bridgewater, NJ 08628. At all times relevant, it has engaged in the manufacture,
sale and distribution of materials and/or products containing the substance asbestos.
ANSWER: This paragraph does not apply to Chattem, and therefore no response
is required. To the extent a response is required, Chattem denies all allegations.
24. That upon information and belief and at all times hereinafter mentioned, Defendant
SANOFI US SERVICES, INC. was and still is a Delaware corporation which transacted business
in the State of New York, with its principal place of business located at 55 Corporate Drive,
Bridgewater, NJ 08628. At all times relevant, it has engaged in the manufacture, sale and
distribution of materials and/or products containing the substance asbestos.
ANSWER: This paragraph does not apply to Chattem, and therefore no response
is required. To the extent a response is required, Chattem denies all allegations.
25. That upon information and belief and at all times hereinafter mentioned, Defendant
WHITTAKER CLARK & DANIELS, INC. was and still is a New Jersey corporation which
transacted business in the State of New York, with its principal place of business located at 1000
Coolidge Street, S. Plainfield, NJ 07080-3805. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and/or products containing the substance asbestos.
ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore denies them.
26. From approximately 1961 to 1965, Plaintiff PATSY YOUNG was exposed to
asbestos through her late mother’s, Cora Foreman’s, and her siblings’ regular daily use of asbestos-
containing Johnson's Baby Powder on Plaintiff as an infant at their personal residences in
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Memphis, Tennessee, and Buffalo, New York, and from approximately 1973 to 1979 during their
regular daily personal use of Johnson’s Baby Powder while in close proximity to Plaintiff at their
personal residences in Buffalo, New York. Additionally, from approximately 1965 to 1979,
Plaintiff was exposed to asbestos during her late mother's and her siblings' regular and frequent
use of Cashmere Bouquet talcum powder while in close proximity to Plaintiff, and from
approximately 1973 to 1979 during her late mother's regular and frequent use of Avon talcum
powders while in close proximity to Plaintiff, all at their personal residences in Buffalo, New York.
While Plaintiffs late mother and siblings used asbestos-containing Johnson's Baby Powder and
Cashmere Bouquet talcum powder, all while in close proximity to Plaintiff, dangerously high
levels of asbestos fibers were released into the air and were frequently inhaled by Plaintiff PATSY
YOUNG. Additionally, Plaintiff was exposed to asbestos during her regular daily personal use of
Johnson's Baby Powder from approximately 1973 to 2015, during her regular personal use of
Cashmere Bouquet talcum powder and Avon talcum powders from approximately 1973 to 1979,
and during her regular and frequent personal use of Gold Bond talcum powder from approximately
2006 to 2009, all while residing in Buffalo, New York. Plaintiff was also exposed to asbestos
through her regular daily use of Johnson's Baby Powder on her infant children from approximately
1979 to 1985, and 1989 to 1996, through her regular and frequent use of Johnson's Baby Powder
on her infant grandchildren from approximately 2010 to 2015 at her personal residence in Buffalo,
New York, and during her regular daily use of Johnson's Baby Powder and Caldesene supplied by
Brenntag North America, Inc. (supplied individually and as successor-in-interest to Mineral
Pigment Solutions, Inc. and as successor-in-interest to Whittaker Clark & Daniels, Inc.), Brenntag
Specialties, Inc. f/k/a Mineral Pigment Solutions, Inc. (supplied individually and as successor-in-
interest to Whittaker Clark & Daniels, Inc.), Charles B. Chrystal Company, Inc., Cyprus Amax
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Minerals Company (sued individually, doing business as, and as successor to American Talc
Company, Metropolitan Talc Co. Inc. and Charles Mathieu Inc. and Sierra Talc Company and
United Talc Company), Cyprus Mines Corporation, and Whittaker Clark & Daniels, Inc. Plaintiff
and her family members purchased asbestos-containing talcum powder products at Macy's Inc.
f/k/a Federated Department Stores, Inc. (sued individually and as successor-in-interest to Twin
Fair, Inc.).. Plaintiff s and her family members' regular and frequent use of Johnson's Baby Powder,
Cashmere Bouquet talcum powder Avon talcum powders, Plaintiff's regular and frequent personal
use of Johnson's Baby Powder, Cashmere Bouquet talcum powder, Avon talcum powders, and
Gold Bond talcum powder, Plaintiff's regular and frequent use of Johnson's Baby Powder on her
infant family members, and Plaintiff's regular and frequent use of Johnson's Baby Powder and
Caldesene talcum powder on infants in her care generated asbestos-containing dust and exposed
Plaintiff to respirable asbestos fibers contained in asbestos-containing products and materials
manufactured, marketed, distributed and sold by the above-captioned Defendants. talcum powder
on infants in her care from approximately 2012 to the late 2010’s while working in Buffalo, New
York. During these time periods, Plaintiff was also exposed to asbestos-containing talc supplied
by Brenntag North America, Inc. (supplied individually and as successor-in-interest to Mineral
Pigment Solutions, Inc. and as successor-in-interest to Whittaker Clark & Daniels, Inc.), Brenntag
Specialties, Inc. f/k/a Mineral Pigment Solutions, Inc. (supplied individually and as successor-in-
interest to Whittaker Clark & Daniels, Inc.), Charles B. Chrystal Company, Inc., Cyprus Amax
Minerals Company (sued individually, doing business as, and as successor to American Talc
Company, Metropolitan Talc Co. Inc. and Charles Mathieu Inc. and Sierra Talc Company and
United Talc Company), Cyprus Mines Corporation, and Whittaker Clark & Daniels, Inc. Plaintiff
and her family members purchased asbestos-containing talcum powder products at Macy's Inc.
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f/k/a Federated Department Stores, Inc. (sued individually and as successor-in-interest to Twin
Fair, Inc.).. Plaintiff s and her family members' regular and frequent use of Johnson's Baby Powder,
Cashmere Bouquet talcum powder Avon talcum powders, Plaintiff's regular and frequent personal
use of Johnson's Baby Powder, Cashmere Bouquet talcum powder, Avon talcum powders, and
Gold Bond talcum powder, Plaintiff's regular and frequent use of Johnson's Baby Powder on her
infant family members, and Plaintiff's regular and frequent use of Johnson's Baby Powder and
Caldesene talcum powder on infants in her care generated asbestos-containing dust and exposed
Plaintiff to respirable asbestos fibers contained in asbestos-containing products and materials
manufactured, marketed, distributed and sold by the above-captioned Defendants.
ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all
allegations and specifically denies that its products contain asbestos or asbestos-containing
talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph and therefore denies them.
27. That upon information and belief, the asbestos-containing products, and/or
asbestos-containing talc, and/or other finished and unfinished asbestos-containing talcum powder
products, and/or raw asbestos fiber of various kinds and grades referenced herein were mined,
manufactured, compounded, supplied, fabricated, distributed and sold by the named Defendants,
acting through their agents, employees and representatives, and were subsequently placed in the
market and sold in commerce.
ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all
allegations and specifically denies that its products contain asbestos or asbestos-containing
talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or
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information sufficient to form a belief as to the truth of the allegations contained in this
paragraph and therefore denies them.
28. Upon information and belief, the named Defendants mined, manufactured,
marketed, sold, distributed, relabeled and commingled asbestos-containing products, and/or
asbestos-containing talc, and/or other finished and unfinished asbestos-containing talcum powder
products, and/or raw asbestos fiber of various kinds and grades which Plaintiff PATSY YOUNG
was exposed during her and her family members' personal use and during Plaintiff's occupation.
Plaintiff was actually exposed to the asbestos fibers or asbestos-containing products of each
individual Defendant named herein.
ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all
allegations and specifically denies that its products contain asbestos or asbestos-containing
talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph and therefore denies them.
29. That upon information and belief, Defendants, acting in concert, failed to disclose
to Plaintiff PATSY YOUNG, her family members, and others similarly situated, and warn them
of the known dangers associated with the use of Defendants' asbestos-containing products, and/or
asbestos-containing talc, and/or other finished and unfinished asbestos-containing talcum powder
products, and/or raw asbestos fiber of various kinds and grades (hereinafter collectively referred
to as "asbestos products"). Defendants' concerted action took either the form of an express or
implied agreement not to warn or was achieved by providing substantial assistance or
encouragement to one another in their wrongful course of conduct. As a result of Defendants'
concerted action, Plaintiff has suffered personal injuries as set forth below.
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ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all
allegations. Chattem specifically denies that its products contain asbestos or asbestos-
containing talc or that they are dangerous, or that it acted in concert with any Defendant or
entity. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph and therefore denies them.
30. Upon information and belief, at all times relevant hereto, each of the Defendants
were miners, manufacturers, processors, importers, converters, compounders, merchants,
installers, removers, sellers, distributors, marketers and/or suppliers of asbestos products. In
addition, the above-named Defendants, acting through their servants, agents and employees,
placed such asbestos products into the stream of commerce and/or caused such asbestos products
to be sold and placed into the stream of commerce, and/or caused asbestos fibers to become
airborne through the use of such asbestos products.
ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all
allegations and specifically denies that its products contain asbestos or asbestos-containing
talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph and therefore denies them.
31. Upon information and belief, the named Defendants acting in concert failed to
disclose to Plaintiff PATSY YOUNG, her family members, and others similarly situated, and warn
them of the known dangers associated with the use of Defendants' asbestos products. Defendants'
concerted action took either the form of an express or implied agreement not to warn or was
achieved by providing substantial assistance or encouragement to one another in their wrongful
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course of conduct. As a result of Defendants' concerted action, Plaintiff PATSY YOUNG suffered
personal injuries as set forth below.
ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all
allegations. Chattem specifically denies that its products contain asbestos or asbestos-
containing talc or that they are dangerous, or that it acted in concert with any Defendant or
entity. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph and therefore denies them.
32. That upon information and belief, the named Defendants acting in combination
failed to disclose to Plaintiff PATSY YOUNG, her family members, and others similarly situated,
and warn them of the known dangers associated with the use of Defendants' asbestos products.
Defendants mined, manufactured, supplied, distributed and sold the asbestos products to which
Plaintiff was exposed during her personal use and occupation, and her family members' use, and
are therefore liable collectively or in the alternative for all of the personal injuries Plaintiff suffers
therefrom.
ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all
allegations. Chattem specifically denies that its products contain asbestos or asbestos-
containing talc or that they are dangerous, or that it acted in concert with any Defendant or
entity. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or
information sufficient to form a belief as to the truth of the allegations contained in this
paragraph and therefore denies them.
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FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021
AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENT
FAILURE TO WARN AGAINST THE DEFENDANTS NAMED
HEREIN, PLAINTIFF PATSY YOUNG ALLEGES:
33. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"1" through "32" of the Complaint herein with the same force and effect as if fully set forth herein.
ANSWER: This paragraph does not require
Preview
FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 SUPREME COURT OF THE STATE OF NEW YORK EIGHTH JUDICIAL DISTRICT COUNTY OF ERIE PATSY YOUNG, ANSWER OF DEFENDANT CHATTEM, INC. Plaintiff, TO PLAINTIFF’S COMPLAINT -against- Index No.: 815818/2020 AVENTIS, INC., et al., Defendants. Defendant Chattem, Inc. (“Chattem”), by and through undersigned counsel, submits the following in answer to the Complaint (the “Complaint”) filed against it. 1. Plaintiff PATSY YOUNG resides at 99 Kensington Avenue, Buffalo, New York 14214, County of Erie. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 2. If it is deemed that Article 16 of the CPLR applies to this action, Plaintiff asserts that this action falls within one or more of the exceptions set forth in CPLR 1602 including, but not limited to, the exception for cases where a person is held liable for causing the claimant's injury by having acted with reckless disregard for the safety of others (CPLR 1602(7)); the exception for cases involving any person held liable for causing claimant’s injury by having unlawfully released into the environment a substance hazardous to public health, safety or the environment (CPLR 1602(9)); the exception pertaining to claims against a Defendant where the claimant has sustained a “grave injury” as defined in Section Eleven of the Workers’ Compensation law to the extent of the equitable share of any person against whom the claimant is ban-ed fi-om asserting a cause of 1 1 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 action because of the applicability of the Workers’ Compensation Law (CPLR 1602(4)); the exception for any parties found to have acted knowingly or intentionally and in concert to cause the acts or failures upon which liability is based (CPLR 1602(11)); the exception based upon defendants' non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); and the exception for persons held liable in a product liability action where the manufacturer of the product is not a party to the action and jurisdiction over the manufacturer could not with due diligence be obtained (CPLR 1602(10)). ANSWER: This paragraph asserts a legal conclusion to which no response is required. To the extent a response is required, Chattem denies that any of the exceptions to Article 16 of the CPLR apply. Chattem further denies all allegations contained in this paragraph. 3. That upon information and belief and at all times hereinafter mentioned, Defendant AVENTIS, INC. was and still is a Pennsylvania corporation which transacted business in the State of New York, with its principal place of business located at 55 Corporate Drive, Bridgewater, NJ 08628. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: This paragraph does not apply to Chattem, and therefore no response is required. To the extent a response is required, Chattem denies all allegations. 4. That upon information and belief and at all times hereinafter mentioned, Defendant. AVON PRODUCTS, NC. was and still is a New York corporation which transacted business in the State of New York, with its principal place of business located at 1 Avon Place, Suffern, NY 10901. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 2 2 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 5. That upon information and belief and at all times hereinafter mentioned, Defendant BLOCK DRUG COMPANY, INC. (sued individually and as successor-in-interest to TI-IE GOLD BOND STERILIZING POW DER COMPANY a/k/a THE GOLD BOND COMPANY) was and still is a New Jersey corporation which transacted business in the State of New York, with its principal place of business located at 257 Cornelison Avenue, Jersey City, NJ 07302. At all times relevant, ithas engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 6. That upon information and belief and at all times hereinafter mentioned, Defendant BLOCK DRUG CORPORATION (sued individually and as successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) was and still is a New Jersey corporation which transacted business in the State of New York, with its principal place of business located at 257 Cornelison Avenue, Jersey City, NJ 07302. At all times relevant, ithas engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 7. That upon information and belief and at all tunes hereinafter mentioned, Defendant BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to MINERAL PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER 3 3 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 CLARK & DANIELS, INC.) was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 5083 Pottsville Pike, Reading, PA 19005. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 8. That upon information and belief and at all times hereinafter mentioned, Defendant BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. (sued individually and as successor-in-interest to WHITTAKER CLARK &; DANIELS, INC.) was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 1000 Coolidge Street, South Plainfield, NJ 07080. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 9. That upon information and belief and at all times hereinafter mentioned, Defendant CHARLES B. CHRYSTAL COMPANY, INC. was and still is a New York corporation which transacted business in the State of New York, with its principal place of business located at 89 Coachlight Circle, Prospect, CT 06712. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 4 4 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 10. That upon information and belief and at all times hereinafter mentioned, Defendant CHATTEM, INC. (sued individually and as successor-in-interest to BLOCK DRUG CORPORATION, successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) was and still is a Tennessee corporation which transacted business in the State of New York, with its principal place of business located at 1715 W. 38th Street, Chattanooga, TN 37409-1248. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem admits it is a Tennessee corporation. Chattem denies all other allegations contained in this paragraph. Chattem specifically denies that its products contain asbestos, or that it is successor-in-interest to any entity. 11. That upon information and belief and at all times hereinafter mentioned, Defendant COLGATE-PALMOLIVE COMPANY was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 300 Park Avenue, New York, NY 10022. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 12. That upon information and belief and at all times hereinafter mentioned, Defendant CYPRUS AMAX MINERALS COMPANY (sued individually, doing business as, and as successor to AMERICAN TALC COMPANY, METROPOLITAN TALC CO. NC. and CHARLES MATHIEU INC. and SIERRA TALC COMPANY and UNITED TALC COMPANY) was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 1 N. Central Avenue, #100, Phoenix, AZ 85004-4416. At 5 5 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 13. That upon information and belief and at all times hereinafter mentioned, Defendant CYPRUS MINES CORPORATION was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 1 N. Central Avenue, #100, Phoenix, AZ 85004-4416. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 14. That upon information and belief and at all times hereinafter mentioned, Defendant GLAXOSMITHKLINE LLC (sued individually and as successor-in-interest to BLOCK DRUG CORPORATION, successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY and as a successor-in-interest to NOVARTIS CORPORATION and NOVARTIS CONSUMER HEALTH INC.) was and still is a Delaware limited liability company which transacted business in the State of New York, with its principal place of business located at 1 North Franklin Plaza, 200 N. 16th Street, Philadelphia, PA 19106. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 6 6 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 15. That upon information and belief and at all times hereinafter mentioned, Defendant GSK CONSUMER HEALTH, INC. f/k/a NOVARTIS CONSUMER HEALTH INC. f/k/a CIBA SELF- MEDICATION, INC. was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 1000 GSK Drive, Moon Township, PA 15108. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 16. That upon information and belief and at all times hereinafter mentioned, Defendant INSIGHT PHARMACEUTICALS CORPORATION, a subsidiary of PRESTIGE BRANDS HOLDINGS, INC., was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 1170 Wheeler Way, Suite 200, Langhorne, PA 19047-1749. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 17. That upon information and belief and at all times hereinafter mentioned, Defendant INSIGHT PHARMACEUTICALS LLC was and stillis a Delaware limited liability company which transacted business in the State of New York, with its principal place of business located at 1170 Wheeler Way, Suite 200, Langhorne, PA 1 9047-1 749. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 7 7 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 18. That upon information and belief and at all times hereinafter mentioned, Defendant MACY'S INC. f/k/a FEDERATED DEPARTMENT STORES, INC. (sued individually and as successor-in- interest to TWIN FAIR, INC.) was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 151 W. 34th Street, New York, NY 10001. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 19. That upon information and belief and at all times hereinafter mentioned, Defendant NOVARTIS CORPORATION (sued individually and as a successor-in-interest to CIBA-GEIGY CORPORATION and its subsidiaries CIBA CONSUMER PHARMACEUTICALS and CIBA SELF-MEDICATION, INC.) was and still is a New York corporation which transacted business in the State of New York, with its principal place of business located at One Health Plaza, E. Hanover, NJ 07936. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 20. That upon information and belief and at all times hereinafter mentioned, Defendant NOVARTIS PHARMACEUTICALS CORPORATION (sued individually and as successor-in- interest to CIBA-GEIGY CORPORATION and its subsidiary CIBA CONSUMER PHARMACEUTICALS) was and still is a Delaware corporation which transacted business in the 8 8 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 State of New York, with its principal places of business located at 59 Route 10, E. Hanover, NJ 07937 and 220 E. Hanover Avenue, Morris Plains, NJ 07950. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 21. That upon information and belief and at all times hereinafter mentioned, Defendant PRESTIGE BRANDS HOLDINGS, INC. was and still is a Virginia corporation which transacted business in the State of New York, with its principal place of business located at 660 White Plains Road, Suite 250, Tarrytown, NY 10591. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 22. That upon information and belief and at all times hereinafter mentioned, Defendant PRESTIGE CONSUMER HEALTHCARE INC. f/k/a PRESTIGE BRANDS, INC. was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 660 White Plains Road, Suite 250, Tarrytown, NY 10591. At all times relevant, ithas engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 23. That upon information and belief and at all times hereinafter mentioned, Defendant SANOFI-AVENTIS U.S. LLC (sued individually and as successor by merger to AVENTIS 9 9 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 PHARMACEUTICALS INC.) was and still is a Delaware limited liability company which transacted business in the State of New York, with its principal place of business located at 55 Corporate Drive, Bridgewater, NJ 08628. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: This paragraph does not apply to Chattem, and therefore no response is required. To the extent a response is required, Chattem denies all allegations. 24. That upon information and belief and at all times hereinafter mentioned, Defendant SANOFI US SERVICES, INC. was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 55 Corporate Drive, Bridgewater, NJ 08628. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: This paragraph does not apply to Chattem, and therefore no response is required. To the extent a response is required, Chattem denies all allegations. 25. That upon information and belief and at all times hereinafter mentioned, Defendant WHITTAKER CLARK & DANIELS, INC. was and still is a New Jersey corporation which transacted business in the State of New York, with its principal place of business located at 1000 Coolidge Street, S. Plainfield, NJ 07080-3805. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. ANSWER: Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 26. From approximately 1961 to 1965, Plaintiff PATSY YOUNG was exposed to asbestos through her late mother’s, Cora Foreman’s, and her siblings’ regular daily use of asbestos- containing Johnson's Baby Powder on Plaintiff as an infant at their personal residences in 10 10 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 Memphis, Tennessee, and Buffalo, New York, and from approximately 1973 to 1979 during their regular daily personal use of Johnson’s Baby Powder while in close proximity to Plaintiff at their personal residences in Buffalo, New York. Additionally, from approximately 1965 to 1979, Plaintiff was exposed to asbestos during her late mother's and her siblings' regular and frequent use of Cashmere Bouquet talcum powder while in close proximity to Plaintiff, and from approximately 1973 to 1979 during her late mother's regular and frequent use of Avon talcum powders while in close proximity to Plaintiff, all at their personal residences in Buffalo, New York. While Plaintiffs late mother and siblings used asbestos-containing Johnson's Baby Powder and Cashmere Bouquet talcum powder, all while in close proximity to Plaintiff, dangerously high levels of asbestos fibers were released into the air and were frequently inhaled by Plaintiff PATSY YOUNG. Additionally, Plaintiff was exposed to asbestos during her regular daily personal use of Johnson's Baby Powder from approximately 1973 to 2015, during her regular personal use of Cashmere Bouquet talcum powder and Avon talcum powders from approximately 1973 to 1979, and during her regular and frequent personal use of Gold Bond talcum powder from approximately 2006 to 2009, all while residing in Buffalo, New York. Plaintiff was also exposed to asbestos through her regular daily use of Johnson's Baby Powder on her infant children from approximately 1979 to 1985, and 1989 to 1996, through her regular and frequent use of Johnson's Baby Powder on her infant grandchildren from approximately 2010 to 2015 at her personal residence in Buffalo, New York, and during her regular daily use of Johnson's Baby Powder and Caldesene supplied by Brenntag North America, Inc. (supplied individually and as successor-in-interest to Mineral Pigment Solutions, Inc. and as successor-in-interest to Whittaker Clark & Daniels, Inc.), Brenntag Specialties, Inc. f/k/a Mineral Pigment Solutions, Inc. (supplied individually and as successor-in- interest to Whittaker Clark & Daniels, Inc.), Charles B. Chrystal Company, Inc., Cyprus Amax 11 11 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 Minerals Company (sued individually, doing business as, and as successor to American Talc Company, Metropolitan Talc Co. Inc. and Charles Mathieu Inc. and Sierra Talc Company and United Talc Company), Cyprus Mines Corporation, and Whittaker Clark & Daniels, Inc. Plaintiff and her family members purchased asbestos-containing talcum powder products at Macy's Inc. f/k/a Federated Department Stores, Inc. (sued individually and as successor-in-interest to Twin Fair, Inc.).. Plaintiff s and her family members' regular and frequent use of Johnson's Baby Powder, Cashmere Bouquet talcum powder Avon talcum powders, Plaintiff's regular and frequent personal use of Johnson's Baby Powder, Cashmere Bouquet talcum powder, Avon talcum powders, and Gold Bond talcum powder, Plaintiff's regular and frequent use of Johnson's Baby Powder on her infant family members, and Plaintiff's regular and frequent use of Johnson's Baby Powder and Caldesene talcum powder on infants in her care generated asbestos-containing dust and exposed Plaintiff to respirable asbestos fibers contained in asbestos-containing products and materials manufactured, marketed, distributed and sold by the above-captioned Defendants. talcum powder on infants in her care from approximately 2012 to the late 2010’s while working in Buffalo, New York. During these time periods, Plaintiff was also exposed to asbestos-containing talc supplied by Brenntag North America, Inc. (supplied individually and as successor-in-interest to Mineral Pigment Solutions, Inc. and as successor-in-interest to Whittaker Clark & Daniels, Inc.), Brenntag Specialties, Inc. f/k/a Mineral Pigment Solutions, Inc. (supplied individually and as successor-in- interest to Whittaker Clark & Daniels, Inc.), Charles B. Chrystal Company, Inc., Cyprus Amax Minerals Company (sued individually, doing business as, and as successor to American Talc Company, Metropolitan Talc Co. Inc. and Charles Mathieu Inc. and Sierra Talc Company and United Talc Company), Cyprus Mines Corporation, and Whittaker Clark & Daniels, Inc. Plaintiff and her family members purchased asbestos-containing talcum powder products at Macy's Inc. 12 12 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 f/k/a Federated Department Stores, Inc. (sued individually and as successor-in-interest to Twin Fair, Inc.).. Plaintiff s and her family members' regular and frequent use of Johnson's Baby Powder, Cashmere Bouquet talcum powder Avon talcum powders, Plaintiff's regular and frequent personal use of Johnson's Baby Powder, Cashmere Bouquet talcum powder, Avon talcum powders, and Gold Bond talcum powder, Plaintiff's regular and frequent use of Johnson's Baby Powder on her infant family members, and Plaintiff's regular and frequent use of Johnson's Baby Powder and Caldesene talcum powder on infants in her care generated asbestos-containing dust and exposed Plaintiff to respirable asbestos fibers contained in asbestos-containing products and materials manufactured, marketed, distributed and sold by the above-captioned Defendants. ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all allegations and specifically denies that its products contain asbestos or asbestos-containing talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 27. That upon information and belief, the asbestos-containing products, and/or asbestos-containing talc, and/or other finished and unfinished asbestos-containing talcum powder products, and/or raw asbestos fiber of various kinds and grades referenced herein were mined, manufactured, compounded, supplied, fabricated, distributed and sold by the named Defendants, acting through their agents, employees and representatives, and were subsequently placed in the market and sold in commerce. ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all allegations and specifically denies that its products contain asbestos or asbestos-containing talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or 13 13 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 28. Upon information and belief, the named Defendants mined, manufactured, marketed, sold, distributed, relabeled and commingled asbestos-containing products, and/or asbestos-containing talc, and/or other finished and unfinished asbestos-containing talcum powder products, and/or raw asbestos fiber of various kinds and grades which Plaintiff PATSY YOUNG was exposed during her and her family members' personal use and during Plaintiff's occupation. Plaintiff was actually exposed to the asbestos fibers or asbestos-containing products of each individual Defendant named herein. ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all allegations and specifically denies that its products contain asbestos or asbestos-containing talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 29. That upon information and belief, Defendants, acting in concert, failed to disclose to Plaintiff PATSY YOUNG, her family members, and others similarly situated, and warn them of the known dangers associated with the use of Defendants' asbestos-containing products, and/or asbestos-containing talc, and/or other finished and unfinished asbestos-containing talcum powder products, and/or raw asbestos fiber of various kinds and grades (hereinafter collectively referred to as "asbestos products"). Defendants' concerted action took either the form of an express or implied agreement not to warn or was achieved by providing substantial assistance or encouragement to one another in their wrongful course of conduct. As a result of Defendants' concerted action, Plaintiff has suffered personal injuries as set forth below. 14 14 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all allegations. Chattem specifically denies that its products contain asbestos or asbestos- containing talc or that they are dangerous, or that it acted in concert with any Defendant or entity. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 30. Upon information and belief, at all times relevant hereto, each of the Defendants were miners, manufacturers, processors, importers, converters, compounders, merchants, installers, removers, sellers, distributors, marketers and/or suppliers of asbestos products. In addition, the above-named Defendants, acting through their servants, agents and employees, placed such asbestos products into the stream of commerce and/or caused such asbestos products to be sold and placed into the stream of commerce, and/or caused asbestos fibers to become airborne through the use of such asbestos products. ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all allegations and specifically denies that its products contain asbestos or asbestos-containing talc. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 31. Upon information and belief, the named Defendants acting in concert failed to disclose to Plaintiff PATSY YOUNG, her family members, and others similarly situated, and warn them of the known dangers associated with the use of Defendants' asbestos products. Defendants' concerted action took either the form of an express or implied agreement not to warn or was achieved by providing substantial assistance or encouragement to one another in their wrongful 15 15 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 course of conduct. As a result of Defendants' concerted action, Plaintiff PATSY YOUNG suffered personal injuries as set forth below. ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all allegations. Chattem specifically denies that its products contain asbestos or asbestos- containing talc or that they are dangerous, or that it acted in concert with any Defendant or entity. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 32. That upon information and belief, the named Defendants acting in combination failed to disclose to Plaintiff PATSY YOUNG, her family members, and others similarly situated, and warn them of the known dangers associated with the use of Defendants' asbestos products. Defendants mined, manufactured, supplied, distributed and sold the asbestos products to which Plaintiff was exposed during her personal use and occupation, and her family members' use, and are therefore liable collectively or in the alternative for all of the personal injuries Plaintiff suffers therefrom. ANSWER: To the extent this paragraph relates to Chattem, Chattem denies all allegations. Chattem specifically denies that its products contain asbestos or asbestos- containing talc or that they are dangerous, or that it acted in concert with any Defendant or entity. To the extent this paragraph relates to other Defendants, Chattem lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore denies them. 16 16 of 53 FILED: ERIE COUNTY CLERK 02/12/2021 03:04 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/12/2021 AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENT FAILURE TO WARN AGAINST THE DEFENDANTS NAMED HEREIN, PLAINTIFF PATSY YOUNG ALLEGES: 33. Plaintiff repeats and realleges each and every allegation contained in paragraphs "1" through "32" of the Complaint herein with the same force and effect as if fully set forth herein. ANSWER: This paragraph does not require