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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT
DEPARTMENT OF THE
TRIAL COURT
KERRI QUIGLEY, as Personal
Representative of the Estate of CIVIL ACTION NO.) Y 2 |3
JOLENE DODIER, and
KEVIN DODIER, Individually,
Plaintiffs,
Vv.
COMPLAINT
ADVANCE STORES COMPANY INCORPORATED. PLAINTIFFS DEMAND
d/b/a Advance Auto Parts A TRIAL BY JURY
ARMSTRONG INTERNATIONAL, INC.
AURORA PUMP
AUTOZONE NORTHEAST LLC
f/k/a ADAP, Inc. el
ae
1s mae OFFICE OF THE |
AVCO CORPORATION. K OF
as successor-in-interest to Spencer Boiler rontheeBI fy OF MIDDLESEX }
BAYER CROPSCIENCE INC. t
successor in interest to Amchem Products, Inc. DEC 18 2022
BURNHAM CORPORATION
CARRIER CORPORATION, “ Lgl a
Ccw
f/k/a Bryant Heating & Cooling Systems CLERK
CLEAVER-BROOKS, INC.
COLUMBIA BOILER COMPANY
COMPUDYNE CORPORATION.
as Successor to York-Shipley Global
CRANE CO.
CROWN BOILER COMPANY
D.N. LUKENS, INC.
ECR INTERNATIONAL, INC.
as successor to Utica Boiler and Dunkirk Boiler
FLOWSERVE US, INC.
solely as successor to Edward Valves, Inc., Nordstrom
Valves, Inc., and Rockwell Manufacturing Company
FMC CORPORATION,
on behalf of its former Northern Pump, Peerless Pump,
and Chicago Pump
F.W. WEBB COMPANY
GENERAL ELECTRIC COMPANY
GOULDS PUMPS, INC.
GREENE, TWEED & CO, INC.
H.B. SMITH CO., INC.
HONEYWELL INTERNATIONAL INC.,
f/k/a AlliedSignal, Inc., f/k/a The Bendix Corporation
ITT LLC
MESTEK INC.,
individually and as parent company to Hydrotherm
MILWAUKEE VALVE COMPANY, INC.
MORSE TEC LLC,
f/k/a BorgWarner Morse TEC LLC, as successor-by-merger
to Borg-Warner Corporation
NATIONAL AUTOMOTIVE PARTS ASSOCIATION,
a/k/a NAPA
NEW YORKER BOILER CO., INC.
PARAMOUNT GLOBAL,
f/k/a ViacomCBS Inc., f/k/a Westinghouse Electric
Corporation
PEERLESS INDUSTRIES, INC.,
d/b/a Peerless Heater Company
PEP BOYS—-MANNY, MOE & JACK OF DELAWARE, INC.
PNEUMO ABEX CORPORATION
REDCO CORPORATION,
formerly known as Crane Co.
RHEEM MANUFACTURING COMPANY
RILEY POWER INC.,
f/k/a Babcock Borsig Power, Inc., f/k/a D.B. Riley, Inc.,
f/k/a Riley Stoker Corporation
SAINT-GOBAIN ABRASIVES, INC.,
f/k/a Norton Company
STERLING FLUID SYSTEMS (USA) LLC,
f/k/a Peerless Pumps
TYCO INTERNATIONAL (US) INC.
UNION CARBIDE CORPORATION
WEIL-MCLAIN UNITED DOMINION CO.
ZF ACTIVE SAFETY US, INC.,
f/k/a Kelsey-Hayes Co.
ZURN INDUSTRIES, LLC,
as successor-in-interest to Erie City Iron Works
Defendants.
PARTY PLAINTIFFS
1 The Plaintiff, KEVIN DODIER, resides at 342 West Road, Hampstead, NH 03841,
and Plaintiff, KERRI QUIGLEY, as Personal Representative of the Estate of JOLENE DODIER,
resides at 138 Charles Bancroft Highway, Litchfield, NH 03052.
PARTY DEFENDANTS
2 ADVANCE STORES COMPANY INCORPORATED, d/b/a Advance Auto Parts
is a North Carolina corporation with its principal place of business at 4200 Six Forks Road,
Raleigh, NC 27609. ADVANCE STORES COMPANY INCORPORATED, d/b/a Advance Auto
Parts has conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
ARMSTRONG INTERNATIONAL, INC. is a Michigan corporation with its
principal place of business at 900 Maple Street, Three Rivers, MI 49093. ARMSTRONG
INTERNATIONAL, INC. has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts.
AURORA PUMP has a principal place of business at 800 Airport Road, North
Aurora, IL 60542. AURORA PUMP has conducted business in and has derived substantial
revenue from the Commonwealth of Massachusetts.
AUTOZONE NORTHEAST LLC, f/k/a ADAP, Inc. is a New Jersey corporation
with its principal place of business at 123 South Front Street, Memphis, TN 38103. AUTOZONE
NORTHEAST LLC, f/k/a ADAP, Inc. has conducted business in and has derived substantial
revenue from the Commonwealth of Massachusetts.
AVCO CORPORATION, as successor-in-interest to Spencer Boiler is a Delaware
corporation with its principal place of business at 920 Westport Parkway Suite 100, Haslet, TX
76177. AVCO CORPORATION, as successor-in-interest to Spencer Boiler has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts.
BAYER CROPSCIENCE INC., successor in interest to Amchem Products, Inc. is
a Delaware corporation with its principal place of business at 2 T.W. Alexander Drive, Research
Triangle Park, NC 27709. BAYER CROPSCIENCE INC., successor in interest to Amchem
Products, Inc. has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts.
BURNHAM CORPORATION is a Delaware corporation with its principal place
of business at 1241 Harrisburg Avenue, Lancaster, PA 17604. BURNHAM CORPORATION has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
CARRIER CORPORATION, f/k/a Bryant Heating & Cooling Systems is a
Delaware corporation with its principal place of business at 13995 Pasteur Boulevard, Palm
Beach Gardens, FL 33418. CARRIER CORPORATION, f/k/a Bryant Heating & Cooling
Systems has conducted business in and has derived substantial revenue from the Commonwealth
of Massachusetts.
CLEAVER-BROOKS, INC. is a Delaware corporation with its principal place of
business at 7800 North 113" Street, Milwaukee, WI 53224. CLEAVER-BROOKS, INC. has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
COLUMBIA BOILER COMPANY is a Pennsylvania corporation with its
principal place of business at 390 Old Reading Pike, Pottstown, PA 19464. COLUMBIA.
BOILER COMPANY has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts.
COMPUDYNE CORPORATION, as successor to York-Shipley Global is a
Maryland corporation with its principal place of business at 120 Union Street, Willimantic, CT
06226. COMPUDYNE CORPORATION, as successor to York-Shipley Global has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts.
CRANE CO. is a New York corporation with its principal place of business at 55-
557 St. Paul Street, Rochester, NY 14604. CRANE CO. has conducted business in and has
derived substantial revenue from the Commonwealth of Massachusetts.
CROWN BOILER COMPANY is a Pennsylvania corporation with its principal
place of business at 3633 I Street, Philadelphia, PA 19134. CROWN BOILER COMPANY has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
D.N. LUKENS, INC., is a Massachusetts corporation with its principal place of
business at 134 Flanders Road Suite 375, Westboro, MA 01581.
ECR INTERNATIONAL, INC., as successor to Utica Boiler and Dunkirk Boiler
is a New York corporation with its principal place of business at 2201 Dwyer Avenue, Utica, NY
13501. ECR INTERNATIONAL, INC., as successor to Utica Boiler and Dunkirk Boiler has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
FLOWSERVE US, INC., solely as successor to Edward Valves, Inc., Nordstrom
Valves, Inc., and Rockwell Manufacturing Company is a foreign corporation with its principal
place of business at 2515 N. O’Connor Boulevard Suite 2300, Irvinc, TX 75039. FLOWSERVE
US, INC., solely as successor to Edward Valves, Inc., Nordstrom Valves, Inc., and Rockwell
Manufacturing Company has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts.
FMC CORPORATION, on behalf of its former Northern Pump, Peerless Pump,
and Chicago Pump is a Delaware corporation with its principal place of business at 2929 Walnut
Street, Philadelphia, PA 19104. FMC CORPORATION, on behalf of its former Northern Pump,
Peerless Pump, and Chicago Pump has conducted business in and has derived substantial revenue
from the Commonwealth of Massachusetts.
F.W. WEBB COMPANY is a Massachusetts corporation with its principal place
of business at 160 Middlesex Turnpike, Bedford, MA 01730.
GENERAL ELECTRIC COMPANY is a New York corporation with its principal
place of business at 5 Necco Street, Boston, MA 02210. GENERAL ELECTRIC COMPANY
has conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
GOULDS PUMPS, INC. is a Delaware corporation with its principal place of
business at 1133 Westchester Ave, White Plains, NY 10604. GOULDS PUMPS, INC. has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
GREENE, TWEED & CO., INC. is a Pennsylvania corporation with its principal
place of business at 2075 Detwiller Road, Kulpsville, PA 19443. GREENE, TWEED & CO.,
INC. has conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
H.B. SMITH CO., INC. is a Massachusetts corporation with its principal place of
business at 47 Westfield Industrial Park, Westfield, MA 01085.
HONEYWELL INTERNATIONAL, INC., f/k/a AlliedSignal, Inc., f/k/a The
Bendix Corporation is a Delaware corporation with its principal place of business at 855 S. Mint
Street, Charlotte, NC 28202. HONEYWELL INTERNATIONAL, INC., f/k/a AlliedSignal, Inc.,
ffk/a The Bendix Corporation has conducted business in and has derived substantial revenue
from the Commonwealth of Massachusetts.
ITT LLC is a foreign corporation with its principal place of business at 8200 N.
Austin Avenue, New York, NY 10119. ITT LLC has conducted business in and has derived
substantial revenue from the Commonwealth of Massachusetts.
MESTEK INC., individually and as parent company to Hydrotherm is a foreign
corporation with its principal place of business at 260 North Elm Street, Westfield, MA 01085
MESTEK INC., individually and as parent company to Hydrotherm has conducted business in
and has derived substantial revenue from the Commonwealth of Massachusetts.
MILWAUKEE VALVE COMPANY, INC. is a Wisconsin corporation with its
principal place of business at 16550 W Stratton Drive, New Berlin, WI 53151. MILWAUKEE
VALVE COMPANY, INC. has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts.
MORSE TEC LLC, f/k/a BorgWarner Morse TEC LLC, as successor-by-merger
to Borg-Warner Corporation is a Delaware corporation with its principal place of business at
40600 Ann Arbor Road E Suite 201, Plymouth, MI 48170. MORSE TEC LLC, f/k/a BorgWarner
Morse TEC LLC, as successor-by-merger to Borg-Warner Corporation has conducted business in
and has derived substantial revenue from the Commonwealth of Massachusetts.
NATIONAL AUTOMOTIVE PARTS ASSOCIATION, a/k/a NAPA, is a
Michigan corporation with its principal place of business at 30600 Telegraph Road, Bingham
Farms, MI 48025. NATIONAL AUTOMOTIVE PARTS ASSOCIATION, a/k/a NAPA has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
NEW YORKER BOILER CO., INC. is a Pennsylvania corporation with its
principal place of business at 21 E Lincoln Avenue Suite 100, Hatfield, PA 19440. NEW
YORKER BOILER CO., INC. has conducted business in and has derived substantial revenue
from the Commonwealth of Massachusetts.
PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a Westinghouse Electric
Corporation is a Delaware corporation with its principal place of business at 1515 Broadway,
New York, NY 10003. PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a Westinghouse
Electric Corporation has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts.
PEERLESS INDUSTRIES, INC., d/b/a Peerless Heater Company is a
Pennsylvania corporation. PEERLESS INDUSTRIES, INC., d/b/a Peerless Heater Company has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
PEP BOYS—MANNY, MOE & JACK OF DELAWARE, INC. is a foreign
corporation with its principal place of business at One Presidential Boulevard Suite 400, Bala
Cynyd, PA 19004, PEP BOYS—MANNY, MOE & JACK OF DELAWARE, INC. has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
PNEUMO ABEX CORPORATION is a Delaware corporation with its principal
place of business at Third Street & Jefferson Avenue, Camden, NJ 08104. PNEUMO ABEX
CORPORATION has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts.
REDCO CORPORATION, formerly known as Crane Co. is a New York
corporation with its principal place of business at 55-557 St. Paul Street, Rochester, NY 14604.
REDCO CORPORATION, formerly known as Crane Co. has conducted business in and has
derived substantial revenue from the Commonwealth of Massachusetts.
RHEEM MANUFACTURING COMPANY is a Georgia corporation with its
principal place of business at 1100 Abernathy Road Suite 1700, Atlanta, GA 30328. RHEEM
MANUFACTURING COMPANY has conducted business in and has derived substantial
revenue from the Commonwealth of Massachusetts.
RILEY POWER INC., f/k/a Babcock Borsig Power, Inc., f/k/a D.B. Riley, Inc.,
fik/a Riley Stoker Corporation is a Massachusetts corporation with its principal place of business
at 26 Forest Street Suite 300, Marlborough, MA 01752.
SAINT-GOBAIN ABRASIVES, INC., f/k/a Norton Company is a Massachusetts
corporation with its principal place of business at 1 New Bond Street, Worcester, MA 01615.
STERLING FLUID SYSTEMS (USA) LLC, f/k/a Peerless Pumps is a Delaware
corporation with its principal place of business at 2005 Martin Luther King Jr. Street,
Indianapolis, IN 46202. STERLING FLUID SYSTEMS (USA) LLC, f/k/a Peerless Pumps has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
TYCO INTERNATIONAL (US) INC. is a Nevada corporation with its principal
place of business at 304 Constitution Drive, Menlo Park, CA 94025. TYCO INTERNATIONAL
(US) INC. has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts.
UNION CARBIDE CORPORATION is a New York corporation with its
principal place of business at 39 Old Ridgebury Road, Danbury, CT 06817. UNION CARBIDE
CORPORATION has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts.
WEIL-MCLAIN UNITED DOMINION CO. is a Delaware corporation with its
principal place of business at 500 Blain Street, Michigan City, IN 46260. WEIL-MCLAIN
UNITED DOMINION CO. has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts.
ZF ACTIVE SAFETY US, INC., f/k/a Kelsey-Hayes Co. is a Delaware
corporation with its principal place of business at 12001 Tech Center Drive, Livonia, MI 48150
ZF ACTIVE SAFETY US, INC., f/k/a Kelsey-Hayes Co. has conducted business in and has
derived substantial revenue from the Commonwealth of Massachusetts.
ZURN INDUSTRIES, LLC, as successor-in-interest to Erie City Iron Works is a
Delaware corporation with its principal place of business at 1801 Pittsburgh Avenue, Erie, PA
16502. ZURN INDUSTRIES, LLC, as successor-in-interest to Erie City Iron Works has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts.
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As used in this Complaint, the terms “defendant,” “defendants” or “defendant
corporations” shall include the party defendants identified in paragraphs 2, and their predecessors
and successors, which shall include, but is not limited to, any person, corporation, company or
business entity which formed part of any combination, consolidation, merger or reorganization
from which any party defendant was created or was the surviving corporation or other entity, or
into which any party defendant was merged, consolidated or reorganized; whose assets, stock,
property, employees, customers, good will, products or product line was acquired by or from any
party defendant; whose patent rights, trademark rights, trade secrets or goodwill was acquired by
or from any party defendant; or, which was dominated or controlled by any party defendant to
such an extent that said party defendant was the “alter ego” of said corporation.
3 The Plaintiffs’ cause of action arises from the defendant: (a) transacting business
in Massachusetts; (b) contracting to supply and/or sell goods in Massachusetts; (c) doing or
causing a tortious act to be done within Massachusetts; and/or, (d) causing the consequence of a
tortious act to occur within Massachusetts.
FACTUAL BACKGROUND
4. Plaintiff-decedent JOLENE DODIER was exposed to asbestos-containing
materials through her husband, KEVIN DODIER, who worked at various commercial jobsites
from the 1980’s to the 2000’s. During that period of time, Plaintiff-decedent was exposed to
asbestos and asbestos-containing products through the constant and daily contact with her
husband and his dirty clothes.
5 During the period of time set forth in Paragraph 4, Plaintiff-decedent was exposed
to and did inhale and/or ingest asbestos dust, fibers, and particles, which dust, fibers, and
particles came from the asbestos and asbestos-containing products which were mined, milled,
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manufactured, fabricated, contracted, supplied, distributed, designed and/or sold by the defendant
corporations.
6 The asbestos and asbestos-containing products to which Plaintiff-decedent was
exposed were mined, milled, manufactured, fabricated, contracted, supplied, distributed,
designed and/or sold by the defendant corporations, acting through their duly authorized agents,
servants, and employees, who were then and there acting in the course and scope of their
employment and in furtherance of the business of the defendants.
7 At all times pertinent hereto, the defendant corporations were engaged in the
business of mining, milling, manufacturing, fabricating, contracting, supplying, distributing,
designing and/or selling asbestos and asbestos-containing products.
8 At all times pertinent hereto, the asbestos products were products mined, milled,
manufactured, fabricated, contracted, supplied, distributed, designed and/or sold by the defendant
corporations and reached Plaintiff-decedent without any substantial change in the condition of
the product or products from the time that they were sold.
9 As a direct and proximate result of working with, around, and/or near asbestos
materials mined, milled, manufactured, tested, furnished, packaged, contracted, distributed,
designed, delivered, sold and otherwise placed in the stream of commerce by the defendants,
Plaintiff-decedent JOLENE DODIER developed mesothelioma, an asbestos-related disease. She
suffered serious personal injuries, endured great pain of body and mind, suffered severe mental
anguish and distress, had been prevented from transacting her business, had been required to
undergo medical treatment, care and expense until her death. Her earning capacity had been
greatly impaired. Further, her next of kin have been deprived of her services, protection, care,
assistance, society, companionship, comfort, affection, guidance, counsel and advice.
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COUNT I
NEGLIGENCE
(CONSCIOUS PAIN AND SUFFERING)
10. The Plaintiffs incorporate by reference paragraphs 1 through 9 above as if
expressly alleged and set forth herein.
11. It was the duty of the defendant corporations to use and exercise reasonable and
due care in the manufacture, design, fabrication, testing, inspection, production, marketing,
packaging, contracting, distribution and sale of their products.
12. It was also the duty of the defendant corporations to provide detailed and adequate
instructions relative to the proper and safe handling and use of their asbestos and asbestos-
containing products, and to provide detailed and adequate warnings concerning any and all
dangers, characteristics, and potentialities of their asbestos and asbestos-containing products.
13. It was the continuing duty of the defendant corporations to advise and warn
purchasers, consumers, users, and prior purchasers, prior consumers, and prior users of all
dangers, characteristics, potentialities and defects discovered subsequent to their initial marketing
or sale of their asbestos and asbestos-containing products.
14. Yet, nevertheless, wholly disregarding the aforesaid duties, the defendant
corporations breached their duties by: (a) failing to warn Plaintiff-decedent of the dangers,
characteristics, and potentialities of their asbestos-containing products when the defendant
corporations knew or should have known that exposure to their asbestos-containing products
would cause disease and injury; (b) failing to warn Plaintiff-decedent of the dangers to which she
was exposed when they knew or should have known of the dangers; (c) failing to exercise
reasonable care to warn Plaintiff-decedent of what would be safe, sufficient, and proper
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protective clothing, equipment, and appliances when working with or near or being exposed to
their asbestos and asbestos-containing products; (d) failing to provide safe, sufficient and proper
protective clothing, equipment and appliances with their asbestos and asbestos-containing
products; (e) failing to test its asbestos and asbestos-containing products in order to ascertain the
extent of danger involved upon exposure thereto; (f) failing to conduct such research as should
have been conducted in the exercise of reasonable care, in order to ascertain the dangers involved
upon exposure to their asbestos and asbestos-containing products; (g) failing to remove the
product or products from the market when the defendant corporations knew or should have
known of the hazards of exposure to their asbestos and asbestos-containing products; (h) failing
upon discovery of the dangers, hazards, and potentialities of exposure to asbestos to adequately
warn and apprise Plaintiff-decedent of said dangers, hazards, and potentialities discovered; (i)
failing upon discovery of the dangers, hazards, and potentialities of exposure to asbestos to
package said asbestos and asbestos-containing products so as to eliminate said dangers, hazards,
and potentialities; and (j) generally using unreasonable, careless, and negligent conduct in the
manufacture, design, fabrication, supply, and/or sale of their asbestos-containing products.
15. As a direct and proximate result of the unreasonable, careless, and negligent
conduct of the defendant corporations, Plaintiff-decedent JOLENE DODIER developed an
asbestos-related disease. She suffered serious personal injuries and endured severe pain of body
and mind until death. She and her family have incurred substantial medical expenses in
connection with the treatment of her asbestos-related disease. Her earning capacity was greatly
impaired. Further, her next of kin were deprived of his services, protection, care, assistance,
society, companionship, comfort, affection, guidance, counsel and advice.
14
16. The defendants knew, or with the reasonable exercise of care, should have known
of the dangerous characteristics, properties, and potentialities of asbestos and asbestos-containing
products.
WHEREFORE, Plaintiffs demand judgment against the defendants for a reasonable
amount plus statutory interest and costs and for such other relief as shall be appropriate.
COUNT II
BREACH OF EXPRESS AND IMPLIED WARRANTIES
17. The Plaintiffs incorporate by reference paragraphs 1 through 16 above as if
expressly alleged and set forth herein.
18. Plaintiff-decedent JOLENE DODIER is a person whom the defendants could
reasonably have expected to use, consume, or be affected by the defendants’ asbestos and
asbestos-containing products within the meaning of Massachusetts General Laws c. 106, secs. 2-
314 and 2-318, as the defendants knew or had reason to know that their asbestos and asbestos-
containing products would be used in various industries and that individuals such as Plaintiff-
decedent would come in contact with such asbestos materials.
19. The defendants expressly and impliedly warranted that the asbestos and asbestos-
containing products described above were merchantable, safe, and fit for their ordinary purposes,
and the particular purposes and requirements of Plaintiff-decedent.
20. The defendants had reason to know of the particular purposes for which their
asbestos and asbestos-containing products would be used.
21. Plaintiff-decedent relied upon the defendants’ skill or judgment in selecting
suitable products for safe use.
15
22. The defendants breached these warranties, in that the products and asbestos-
containing products they sold were not merchantable, safe, suitable, or fit for their ordinary or
particular purposes.
23. As a direct and proximate result of the defendants’ breach of warranties, Plaintiff-
decedent JOLENE DODIER contracted mesothelioma, an asbestos-related disease. She suffered
serious personal injuries and endured severe pain of body and mind until death. She and her
family have incurred substantial medical expenses in connection with the treatment of her
asbestos-related disease. Her earning capacity was greatly impaired. Further, her spouse and
next of kin were deprived of her services, protection, care, assistance, society, companionship,
comfort, affection, guidance, counsel and advice.
WHEREFORE, Plaintiffs demand judgment against the defendants for a reasonable
amount plus statutory interest and costs and for such other relief as shall be appropriate.
COUNT TIE
LOSS OF CONSORTIUM
24. The Plaintiffs incorporate by reference paragraphs 1 through 23 above as if
expressly alleged and set forth herein.
25. Plaintiff KEVIN DODIER was the husband of Plaintiff-decedent JOLENE
DODIER, and at all pertinent times was the husband of JOLENE DODIER.
26. As a direct and proximate result of the breach of duty and wrongdoing of the
defendants and the resultant injury to Plaintiff-decedent JOLENE DODIER as more particularly
described in the preceding Counts, Plaintiff KEVIN DODIER suffered a loss of his right to
consortium with his wife and the loss of his wife’s services, guidance, affection, comfort,
16
protection, society, counsel, advice, and companionship, and he has suffered great mental
anguish.
WHEREFORE, Plaintiffs demand judgment against the defendants for a reasonable
amount plus statutory interest and costs and for such other relief as shall be appropriate.
COUNT IV
WRONGFUL DEATH: MALICIOUS, WILLFUL, WANTON AND RECKLESS
CONDUCT OR GROSS NEGLIGENCE: MASS. GEN. L. CH. 229, §2
27. The Plaintiffs incorporate by reference paragraphs 1 through 26 above as if
expressly alleged and set forth herein.
28. As early as 1929, the defendants, or some of them, possessed medical and
scientific data clearly indicating that asbestos and asbestos-containing products were hazardous
to the health and safety of Plaintiff-decedent, JOLENE DODIER, and others in her position.
29. The defendants, or some of them, during the 1930’s, 1940’s, 1950’s and 1960’s
became possessed of voluminous medical and scientific data, studies, and reports, which
information conclusively established that asbestos and asbestos-containing products were
hazardous to the health and safety of JOLENE DODIER and all other persons exposed to the
products.
30. The defendants, or some of them, since the 1930’s have had numerous workers’
compensation claims filed against them by the former asbestos workers or employees, or knew
such claims were filed against asbestos product suppliers and manufacturers. Prompted by
pecuniary motives, the defendants ignored and failed to act upon such medical and scientific data
and conspired to deprive the public, and particularly the users, from access to said medical and
scientific data, thereby depriving them of the free choice as to whether or not to expose
17
themselves to the asbestos and asbestos-containing products of the defendants. The defendants
acted maliciously, willfully, wantonly, and recklessly, or with gross negligence, by continuing to
market their asbestos products, with reckless disregard for the health and safety of Plaintiff-
decedent, JOLENE DODIER, and other users or consumers, knowing the dangerous
characteristics and propensities of said asbestos products, but still depriving those affected by the
dangers from information about those dangers.
31. Because the defendants acted maliciously, willfully, wantonly, and recklessly, or
with gross negligence in marketing their hazardous asbestos or asbestos-containing products, in
ignoring the medical and scientific data which was available to them, and depriving consumers,
users and the general public from that medical and scientific data, Plaintiffs are entitled to
compensatory and punitive damages.
32. As aresult of working with, around, or near others who worked with, around, or
near asbestos materials mined, milled, manufactured, fabricated, contracted, supplied, distributed
and/or sold by the defendant corporations, the Plaintiff-decedent JOLENE DODIER contracted
mesothelioma, which contributed to her death on February 12, 2020.
33. As a direct and proximate result of the unreasonable, careless and negligent
conduct of the defendant corporations, the next of kin of Plaintiff-decedent incurred funeral and
burial expenses and were deprived of the decedent’s care, comfort, society, companionship,
advice, assistance, services, protection, counsel and advice.
WHEREFORE, Plaintiffs demand judgment against the defendants for compensatory and
punitive damages pursuant to Mass. Gen. Laws c. 229, § 2, plus statutory interest and costs, and
for such other relief as shall be deemed appropriate.
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DEMAND FOR TRIAL BY JURY
The Plaintiffs hereby demand a trial by jury on each claim asserted or hereafter asserted
by the Plaintiffs and on each defense asserted or hereafter asserted by the defendants.
Respectfully submitted,
The Plaintiffs,
By their attorneys,
Dated: 113/990. Migfae
BBO N sere
Erika A. O’Donnell
BBO No. 661534
Michael J. McCann
BBO No. 690542
Giuliana D’Esopo
BBO No. 706138
Kelsey McCandless
BBO No. 711403
Shepard Law, P.C.
160 Federal Street, 13 Floor
Boston, MA 02110
(617) 451-9191
19
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COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT KERRI QUIGLEY, as Personal Representative of the Estate of CIVIL ACTION NO.) Y 2 |3 JOLENE DODIER, and KEVIN DODIER, Individually, Plaintiffs, Vv. COMPLAINT ADVANCE STORES COMPANY INCORPORATED. PLAINTIFFS DEMAND d/b/a Advance Auto Parts A TRIAL BY JURY ARMSTRONG INTERNATIONAL, INC. AURORA PUMP AUTOZONE NORTHEAST LLC f/k/a ADAP, Inc. el ae 1s mae OFFICE OF THE | AVCO CORPORATION. K OF as successor-in-interest to Spencer Boiler rontheeBI fy OF MIDDLESEX } BAYER CROPSCIENCE INC. t successor in interest to Amchem Products, Inc. DEC 18 2022 BURNHAM CORPORATION CARRIER CORPORATION, “ Lgl a Ccw f/k/a Bryant Heating & Cooling Systems CLERK CLEAVER-BROOKS, INC. COLUMBIA BOILER COMPANY COMPUDYNE CORPORATION. as Successor to York-Shipley Global CRANE CO. CROWN BOILER COMPANY D.N. LUKENS, INC. ECR INTERNATIONAL, INC. as successor to Utica Boiler and Dunkirk Boiler FLOWSERVE US, INC. solely as successor to Edward Valves, Inc., Nordstrom Valves, Inc., and Rockwell Manufacturing Company FMC CORPORATION, on behalf of its former Northern Pump, Peerless Pump, and Chicago Pump F.W. WEBB COMPANY GENERAL ELECTRIC COMPANY GOULDS PUMPS, INC. GREENE, TWEED & CO, INC. H.B. SMITH CO., INC. HONEYWELL INTERNATIONAL INC., f/k/a AlliedSignal, Inc., f/k/a The Bendix Corporation ITT LLC MESTEK INC., individually and as parent company to Hydrotherm MILWAUKEE VALVE COMPANY, INC. MORSE TEC LLC, f/k/a BorgWarner Morse TEC LLC, as successor-by-merger to Borg-Warner Corporation NATIONAL AUTOMOTIVE PARTS ASSOCIATION, a/k/a NAPA NEW YORKER BOILER CO., INC. PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a Westinghouse Electric Corporation PEERLESS INDUSTRIES, INC., d/b/a Peerless Heater Company PEP BOYS—-MANNY, MOE & JACK OF DELAWARE, INC. PNEUMO ABEX CORPORATION REDCO CORPORATION, formerly known as Crane Co. RHEEM MANUFACTURING COMPANY RILEY POWER INC., f/k/a Babcock Borsig Power, Inc., f/k/a D.B. Riley, Inc., f/k/a Riley Stoker Corporation SAINT-GOBAIN ABRASIVES, INC., f/k/a Norton Company STERLING FLUID SYSTEMS (USA) LLC, f/k/a Peerless Pumps TYCO INTERNATIONAL (US) INC. UNION CARBIDE CORPORATION WEIL-MCLAIN UNITED DOMINION CO. ZF ACTIVE SAFETY US, INC., f/k/a Kelsey-Hayes Co. ZURN INDUSTRIES, LLC, as successor-in-interest to Erie City Iron Works Defendants. PARTY PLAINTIFFS 1 The Plaintiff, KEVIN DODIER, resides at 342 West Road, Hampstead, NH 03841, and Plaintiff, KERRI QUIGLEY, as Personal Representative of the Estate of JOLENE DODIER, resides at 138 Charles Bancroft Highway, Litchfield, NH 03052. PARTY DEFENDANTS 2 ADVANCE STORES COMPANY INCORPORATED, d/b/a Advance Auto Parts is a North Carolina corporation with its principal place of business at 4200 Six Forks Road, Raleigh, NC 27609. ADVANCE STORES COMPANY INCORPORATED, d/b/a Advance Auto Parts has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. ARMSTRONG INTERNATIONAL, INC. is a Michigan corporation with its principal place of business at 900 Maple Street, Three Rivers, MI 49093. ARMSTRONG INTERNATIONAL, INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. AURORA PUMP has a principal place of business at 800 Airport Road, North Aurora, IL 60542. AURORA PUMP has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. AUTOZONE NORTHEAST LLC, f/k/a ADAP, Inc. is a New Jersey corporation with its principal place of business at 123 South Front Street, Memphis, TN 38103. AUTOZONE NORTHEAST LLC, f/k/a ADAP, Inc. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. AVCO CORPORATION, as successor-in-interest to Spencer Boiler is a Delaware corporation with its principal place of business at 920 Westport Parkway Suite 100, Haslet, TX 76177. AVCO CORPORATION, as successor-in-interest to Spencer Boiler has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. BAYER CROPSCIENCE INC., successor in interest to Amchem Products, Inc. is a Delaware corporation with its principal place of business at 2 T.W. Alexander Drive, Research Triangle Park, NC 27709. BAYER CROPSCIENCE INC., successor in interest to Amchem Products, Inc. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. BURNHAM CORPORATION is a Delaware corporation with its principal place of business at 1241 Harrisburg Avenue, Lancaster, PA 17604. BURNHAM CORPORATION has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. CARRIER CORPORATION, f/k/a Bryant Heating & Cooling Systems is a Delaware corporation with its principal place of business at 13995 Pasteur Boulevard, Palm Beach Gardens, FL 33418. CARRIER CORPORATION, f/k/a Bryant Heating & Cooling Systems has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. CLEAVER-BROOKS, INC. is a Delaware corporation with its principal place of business at 7800 North 113" Street, Milwaukee, WI 53224. CLEAVER-BROOKS, INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. COLUMBIA BOILER COMPANY is a Pennsylvania corporation with its principal place of business at 390 Old Reading Pike, Pottstown, PA 19464. COLUMBIA. BOILER COMPANY has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. COMPUDYNE CORPORATION, as successor to York-Shipley Global is a Maryland corporation with its principal place of business at 120 Union Street, Willimantic, CT 06226. COMPUDYNE CORPORATION, as successor to York-Shipley Global has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. CRANE CO. is a New York corporation with its principal place of business at 55- 557 St. Paul Street, Rochester, NY 14604. CRANE CO. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. CROWN BOILER COMPANY is a Pennsylvania corporation with its principal place of business at 3633 I Street, Philadelphia, PA 19134. CROWN BOILER COMPANY has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. D.N. LUKENS, INC., is a Massachusetts corporation with its principal place of business at 134 Flanders Road Suite 375, Westboro, MA 01581. ECR INTERNATIONAL, INC., as successor to Utica Boiler and Dunkirk Boiler is a New York corporation with its principal place of business at 2201 Dwyer Avenue, Utica, NY 13501. ECR INTERNATIONAL, INC., as successor to Utica Boiler and Dunkirk Boiler has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. FLOWSERVE US, INC., solely as successor to Edward Valves, Inc., Nordstrom Valves, Inc., and Rockwell Manufacturing Company is a foreign corporation with its principal place of business at 2515 N. O’Connor Boulevard Suite 2300, Irvinc, TX 75039. FLOWSERVE US, INC., solely as successor to Edward Valves, Inc., Nordstrom Valves, Inc., and Rockwell Manufacturing Company has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. FMC CORPORATION, on behalf of its former Northern Pump, Peerless Pump, and Chicago Pump is a Delaware corporation with its principal place of business at 2929 Walnut Street, Philadelphia, PA 19104. FMC CORPORATION, on behalf of its former Northern Pump, Peerless Pump, and Chicago Pump has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. F.W. WEBB COMPANY is a Massachusetts corporation with its principal place of business at 160 Middlesex Turnpike, Bedford, MA 01730. GENERAL ELECTRIC COMPANY is a New York corporation with its principal place of business at 5 Necco Street, Boston, MA 02210. GENERAL ELECTRIC COMPANY has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. GOULDS PUMPS, INC. is a Delaware corporation with its principal place of business at 1133 Westchester Ave, White Plains, NY 10604. GOULDS PUMPS, INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. GREENE, TWEED & CO., INC. is a Pennsylvania corporation with its principal place of business at 2075 Detwiller Road, Kulpsville, PA 19443. GREENE, TWEED & CO., INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. H.B. SMITH CO., INC. is a Massachusetts corporation with its principal place of business at 47 Westfield Industrial Park, Westfield, MA 01085. HONEYWELL INTERNATIONAL, INC., f/k/a AlliedSignal, Inc., f/k/a The Bendix Corporation is a Delaware corporation with its principal place of business at 855 S. Mint Street, Charlotte, NC 28202. HONEYWELL INTERNATIONAL, INC., f/k/a AlliedSignal, Inc., ffk/a The Bendix Corporation has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. ITT LLC is a foreign corporation with its principal place of business at 8200 N. Austin Avenue, New York, NY 10119. ITT LLC has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. MESTEK INC., individually and as parent company to Hydrotherm is a foreign corporation with its principal place of business at 260 North Elm Street, Westfield, MA 01085 MESTEK INC., individually and as parent company to Hydrotherm has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. MILWAUKEE VALVE COMPANY, INC. is a Wisconsin corporation with its principal place of business at 16550 W Stratton Drive, New Berlin, WI 53151. MILWAUKEE VALVE COMPANY, INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. MORSE TEC LLC, f/k/a BorgWarner Morse TEC LLC, as successor-by-merger to Borg-Warner Corporation is a Delaware corporation with its principal place of business at 40600 Ann Arbor Road E Suite 201, Plymouth, MI 48170. MORSE TEC LLC, f/k/a BorgWarner Morse TEC LLC, as successor-by-merger to Borg-Warner Corporation has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. NATIONAL AUTOMOTIVE PARTS ASSOCIATION, a/k/a NAPA, is a Michigan corporation with its principal place of business at 30600 Telegraph Road, Bingham Farms, MI 48025. NATIONAL AUTOMOTIVE PARTS ASSOCIATION, a/k/a NAPA has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. NEW YORKER BOILER CO., INC. is a Pennsylvania corporation with its principal place of business at 21 E Lincoln Avenue Suite 100, Hatfield, PA 19440. NEW YORKER BOILER CO., INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a Westinghouse Electric Corporation is a Delaware corporation with its principal place of business at 1515 Broadway, New York, NY 10003. PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a Westinghouse Electric Corporation has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. PEERLESS INDUSTRIES, INC., d/b/a Peerless Heater Company is a Pennsylvania corporation. PEERLESS INDUSTRIES, INC., d/b/a Peerless Heater Company has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. PEP BOYS—MANNY, MOE & JACK OF DELAWARE, INC. is a foreign corporation with its principal place of business at One Presidential Boulevard Suite 400, Bala Cynyd, PA 19004, PEP BOYS—MANNY, MOE & JACK OF DELAWARE, INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. PNEUMO ABEX CORPORATION is a Delaware corporation with its principal place of business at Third Street & Jefferson Avenue, Camden, NJ 08104. PNEUMO ABEX CORPORATION has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. REDCO CORPORATION, formerly known as Crane Co. is a New York corporation with its principal place of business at 55-557 St. Paul Street, Rochester, NY 14604. REDCO CORPORATION, formerly known as Crane Co. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. RHEEM MANUFACTURING COMPANY is a Georgia corporation with its principal place of business at 1100 Abernathy Road Suite 1700, Atlanta, GA 30328. RHEEM MANUFACTURING COMPANY has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. RILEY POWER INC., f/k/a Babcock Borsig Power, Inc., f/k/a D.B. Riley, Inc., fik/a Riley Stoker Corporation is a Massachusetts corporation with its principal place of business at 26 Forest Street Suite 300, Marlborough, MA 01752. SAINT-GOBAIN ABRASIVES, INC., f/k/a Norton Company is a Massachusetts corporation with its principal place of business at 1 New Bond Street, Worcester, MA 01615. STERLING FLUID SYSTEMS (USA) LLC, f/k/a Peerless Pumps is a Delaware corporation with its principal place of business at 2005 Martin Luther King Jr. Street, Indianapolis, IN 46202. STERLING FLUID SYSTEMS (USA) LLC, f/k/a Peerless Pumps has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. TYCO INTERNATIONAL (US) INC. is a Nevada corporation with its principal place of business at 304 Constitution Drive, Menlo Park, CA 94025. TYCO INTERNATIONAL (US) INC. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. UNION CARBIDE CORPORATION is a New York corporation with its principal place of business at 39 Old Ridgebury Road, Danbury, CT 06817. UNION CARBIDE CORPORATION has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. WEIL-MCLAIN UNITED DOMINION CO. is a Delaware corporation with its principal place of business at 500 Blain Street, Michigan City, IN 46260. WEIL-MCLAIN UNITED DOMINION CO. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. ZF ACTIVE SAFETY US, INC., f/k/a Kelsey-Hayes Co. is a Delaware corporation with its principal place of business at 12001 Tech Center Drive, Livonia, MI 48150 ZF ACTIVE SAFETY US, INC., f/k/a Kelsey-Hayes Co. has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. ZURN INDUSTRIES, LLC, as successor-in-interest to Erie City Iron Works is a Delaware corporation with its principal place of business at 1801 Pittsburgh Avenue, Erie, PA 16502. ZURN INDUSTRIES, LLC, as successor-in-interest to Erie City Iron Works has conducted business in and has derived substantial revenue from the Commonwealth of Massachusetts. 10 As used in this Complaint, the terms “defendant,” “defendants” or “defendant corporations” shall include the party defendants identified in paragraphs 2, and their predecessors and successors, which shall include, but is not limited to, any person, corporation, company or business entity which formed part of any combination, consolidation, merger or reorganization from which any party defendant was created or was the surviving corporation or other entity, or into which any party defendant was merged, consolidated or reorganized; whose assets, stock, property, employees, customers, good will, products or product line was acquired by or from any party defendant; whose patent rights, trademark rights, trade secrets or goodwill was acquired by or from any party defendant; or, which was dominated or controlled by any party defendant to such an extent that said party defendant was the “alter ego” of said corporation. 3 The Plaintiffs’ cause of action arises from the defendant: (a) transacting business in Massachusetts; (b) contracting to supply and/or sell goods in Massachusetts; (c) doing or causing a tortious act to be done within Massachusetts; and/or, (d) causing the consequence of a tortious act to occur within Massachusetts. FACTUAL BACKGROUND 4. Plaintiff-decedent JOLENE DODIER was exposed to asbestos-containing materials through her husband, KEVIN DODIER, who worked at various commercial jobsites from the 1980’s to the 2000’s. During that period of time, Plaintiff-decedent was exposed to asbestos and asbestos-containing products through the constant and daily contact with her husband and his dirty clothes. 5 During the period of time set forth in Paragraph 4, Plaintiff-decedent was exposed to and did inhale and/or ingest asbestos dust, fibers, and particles, which dust, fibers, and particles came from the asbestos and asbestos-containing products which were mined, milled, 11 manufactured, fabricated, contracted, supplied, distributed, designed and/or sold by the defendant corporations. 6 The asbestos and asbestos-containing products to which Plaintiff-decedent was exposed were mined, milled, manufactured, fabricated, contracted, supplied, distributed, designed and/or sold by the defendant corporations, acting through their duly authorized agents, servants, and employees, who were then and there acting in the course and scope of their employment and in furtherance of the business of the defendants. 7 At all times pertinent hereto, the defendant corporations were engaged in the business of mining, milling, manufacturing, fabricating, contracting, supplying, distributing, designing and/or selling asbestos and asbestos-containing products. 8 At all times pertinent hereto, the asbestos products were products mined, milled, manufactured, fabricated, contracted, supplied, distributed, designed and/or sold by the defendant corporations and reached Plaintiff-decedent without any substantial change in the condition of the product or products from the time that they were sold. 9 As a direct and proximate result of working with, around, and/or near asbestos materials mined, milled, manufactured, tested, furnished, packaged, contracted, distributed, designed, delivered, sold and otherwise placed in the stream of commerce by the defendants, Plaintiff-decedent JOLENE DODIER developed mesothelioma, an asbestos-related disease. She suffered serious personal injuries, endured great pain of body and mind, suffered severe mental anguish and distress, had been prevented from transacting her business, had been required to undergo medical treatment, care and expense until her death. Her earning capacity had been greatly impaired. Further, her next of kin have been deprived of her services, protection, care, assistance, society, companionship, comfort, affection, guidance, counsel and advice. 12 COUNT I NEGLIGENCE (CONSCIOUS PAIN AND SUFFERING) 10. The Plaintiffs incorporate by reference paragraphs 1 through 9 above as if expressly alleged and set forth herein. 11. It was the duty of the defendant corporations to use and exercise reasonable and due care in the manufacture, design, fabrication, testing, inspection, production, marketing, packaging, contracting, distribution and sale of their products. 12. It was also the duty of the defendant corporations to provide detailed and adequate instructions relative to the proper and safe handling and use of their asbestos and asbestos- containing products, and to provide detailed and adequate warnings concerning any and all dangers, characteristics, and potentialities of their asbestos and asbestos-containing products. 13. It was the continuing duty of the defendant corporations to advise and warn purchasers, consumers, users, and prior purchasers, prior consumers, and prior users of all dangers, characteristics, potentialities and defects discovered subsequent to their initial marketing or sale of their asbestos and asbestos-containing products. 14. Yet, nevertheless, wholly disregarding the aforesaid duties, the defendant corporations breached their duties by: (a) failing to warn Plaintiff-decedent of the dangers, characteristics, and potentialities of their asbestos-containing products when the defendant corporations knew or should have known that exposure to their asbestos-containing products would cause disease and injury; (b) failing to warn Plaintiff-decedent of the dangers to which she was exposed when they knew or should have known of the dangers; (c) failing to exercise reasonable care to warn Plaintiff-decedent of what would be safe, sufficient, and proper 13 protective clothing, equipment, and appliances when working with or near or being exposed to their asbestos and asbestos-containing products; (d) failing to provide safe, sufficient and proper protective clothing, equipment and appliances with their asbestos and asbestos-containing products; (e) failing to test its asbestos and asbestos-containing products in order to ascertain the extent of danger involved upon exposure thereto; (f) failing to conduct such research as should have been conducted in the exercise of reasonable care, in order to ascertain the dangers involved upon exposure to their asbestos and asbestos-containing products; (g) failing to remove the product or products from the market when the defendant corporations knew or should have known of the hazards of exposure to their asbestos and asbestos-containing products; (h) failing upon discovery of the dangers, hazards, and potentialities of exposure to asbestos to adequately warn and apprise Plaintiff-decedent of said dangers, hazards, and potentialities discovered; (i) failing upon discovery of the dangers, hazards, and potentialities of exposure to asbestos to package said asbestos and asbestos-containing products so as to eliminate said dangers, hazards, and potentialities; and (j) generally using unreasonable, careless, and negligent conduct in the manufacture, design, fabrication, supply, and/or sale of their asbestos-containing products. 15. As a direct and proximate result of the unreasonable, careless, and negligent conduct of the defendant corporations, Plaintiff-decedent JOLENE DODIER developed an asbestos-related disease. She suffered serious personal injuries and endured severe pain of body and mind until death. She and her family have incurred substantial medical expenses in connection with the treatment of her asbestos-related disease. Her earning capacity was greatly impaired. Further, her next of kin were deprived of his services, protection, care, assistance, society, companionship, comfort, affection, guidance, counsel and advice. 14 16. The defendants knew, or with the reasonable exercise of care, should have known of the dangerous characteristics, properties, and potentialities of asbestos and asbestos-containing products. WHEREFORE, Plaintiffs demand judgment against the defendants for a reasonable amount plus statutory interest and costs and for such other relief as shall be appropriate. COUNT II BREACH OF EXPRESS AND IMPLIED WARRANTIES 17. The Plaintiffs incorporate by reference paragraphs 1 through 16 above as if expressly alleged and set forth herein. 18. Plaintiff-decedent JOLENE DODIER is a person whom the defendants could reasonably have expected to use, consume, or be affected by the defendants’ asbestos and asbestos-containing products within the meaning of Massachusetts General Laws c. 106, secs. 2- 314 and 2-318, as the defendants knew or had reason to know that their asbestos and asbestos- containing products would be used in various industries and that individuals such as Plaintiff- decedent would come in contact with such asbestos materials. 19. The defendants expressly and impliedly warranted that the asbestos and asbestos- containing products described above were merchantable, safe, and fit for their ordinary purposes, and the particular purposes and requirements of Plaintiff-decedent. 20. The defendants had reason to know of the particular purposes for which their asbestos and asbestos-containing products would be used. 21. Plaintiff-decedent relied upon the defendants’ skill or judgment in selecting suitable products for safe use. 15 22. The defendants breached these warranties, in that the products and asbestos- containing products they sold were not merchantable, safe, suitable, or fit for their ordinary or particular purposes. 23. As a direct and proximate result of the defendants’ breach of warranties, Plaintiff- decedent JOLENE DODIER contracted mesothelioma, an asbestos-related disease. She suffered serious personal injuries and endured severe pain of body and mind until death. She and her family have incurred substantial medical expenses in connection with the treatment of her asbestos-related disease. Her earning capacity was greatly impaired. Further, her spouse and next of kin were deprived of her services, protection, care, assistance, society, companionship, comfort, affection, guidance, counsel and advice. WHEREFORE, Plaintiffs demand judgment against the defendants for a reasonable amount plus statutory interest and costs and for such other relief as shall be appropriate. COUNT TIE LOSS OF CONSORTIUM 24. The Plaintiffs incorporate by reference paragraphs 1 through 23 above as if expressly alleged and set forth herein. 25. Plaintiff KEVIN DODIER was the husband of Plaintiff-decedent JOLENE DODIER, and at all pertinent times was the husband of JOLENE DODIER. 26. As a direct and proximate result of the breach of duty and wrongdoing of the defendants and the resultant injury to Plaintiff-decedent JOLENE DODIER as more particularly described in the preceding Counts, Plaintiff KEVIN DODIER suffered a loss of his right to consortium with his wife and the loss of his wife’s services, guidance, affection, comfort, 16 protection, society, counsel, advice, and companionship, and he has suffered great mental anguish. WHEREFORE, Plaintiffs demand judgment against the defendants for a reasonable amount plus statutory interest and costs and for such other relief as shall be appropriate. COUNT IV WRONGFUL DEATH: MALICIOUS, WILLFUL, WANTON AND RECKLESS CONDUCT OR GROSS NEGLIGENCE: MASS. GEN. L. CH. 229, §2 27. The Plaintiffs incorporate by reference paragraphs 1 through 26 above as if expressly alleged and set forth herein. 28. As early as 1929, the defendants, or some of them, possessed medical and scientific data clearly indicating that asbestos and asbestos-containing products were hazardous to the health and safety of Plaintiff-decedent, JOLENE DODIER, and others in her position. 29. The defendants, or some of them, during the 1930’s, 1940’s, 1950’s and 1960’s became possessed of voluminous medical and scientific data, studies, and reports, which information conclusively established that asbestos and asbestos-containing products were hazardous to the health and safety of JOLENE DODIER and all other persons exposed to the products. 30. The defendants, or some of them, since the 1930’s have had numerous workers’ compensation claims filed against them by the former asbestos workers or employees, or knew such claims were filed against asbestos product suppliers and manufacturers. Prompted by pecuniary motives, the defendants ignored and failed to act upon such medical and scientific data and conspired to deprive the public, and particularly the users, from access to said medical and scientific data, thereby depriving them of the free choice as to whether or not to expose 17 themselves to the asbestos and asbestos-containing products of the defendants. The defendants acted maliciously, willfully, wantonly, and recklessly, or with gross negligence, by continuing to market their asbestos products, with reckless disregard for the health and safety of Plaintiff- decedent, JOLENE DODIER, and other users or consumers, knowing the dangerous characteristics and propensities of said asbestos products, but still depriving those affected by the dangers from information about those dangers. 31. Because the defendants acted maliciously, willfully, wantonly, and recklessly, or with gross negligence in marketing their hazardous asbestos or asbestos-containing products, in ignoring the medical and scientific data which was available to them, and depriving consumers, users and the general public from that medical and scientific data, Plaintiffs are entitled to compensatory and punitive damages. 32. As aresult of working with, around, or near others who worked with, around, or near asbestos materials mined, milled, manufactured, fabricated, contracted, supplied, distributed and/or sold by the defendant corporations, the Plaintiff-decedent JOLENE DODIER contracted mesothelioma, which contributed to her death on February 12, 2020. 33. As a direct and proximate result of the unreasonable, careless and negligent conduct of the defendant corporations, the next of kin of Plaintiff-decedent incurred funeral and burial expenses and were deprived of the decedent’s care, comfort, society, companionship, advice, assistance, services, protection, counsel and advice. WHEREFORE, Plaintiffs demand judgment against the defendants for compensatory and punitive damages pursuant to Mass. Gen. Laws c. 229, § 2, plus statutory interest and costs, and for such other relief as shall be deemed appropriate. 18 DEMAND FOR TRIAL BY JURY The Plaintiffs hereby demand a trial by jury on each claim asserted or hereafter asserted by the Plaintiffs and on each defense asserted or hereafter asserted by the defendants. Respectfully submitted, The Plaintiffs, By their attorneys, Dated: 113/990. Migfae BBO N sere Erika A. O’Donnell BBO No. 661534 Michael J. McCann BBO No. 690542 Giuliana D’Esopo BBO No. 706138 Kelsey McCandless BBO No. 711403 Shepard Law, P.C. 160 Federal Street, 13 Floor Boston, MA 02110 (617) 451-9191 19