Preview
Date Filed 12/30/2022 2:49 PM
Superior Court - Middlesex
Docket Number
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12/30/2022 HG
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT
DEPARTMENT OF
THE TRIAL COURT
SETH BROOKS, as Personal Representative of
the ESTATE OF SUSAN G. BROOKS,
Plaintiff,
v.
Civil Action No.
3M COMPANY, f/k/a MINNESOTA MINING
AND MANUFACTURING;
AIR & LIQUID SYSTEMS CORPORATION, COMPLAINT
successor by merger to BUFFALO PUMPS,
INC.; PLAINTIFF
ALFA LAVAL, INC., individually and as DEMANDS TRIAL
successor-in-interest to DeLAVAL BY JURY
SEPARATOR COMPANY and
SHARPLES, INC.;
ANCHOR/DARLING VALVE COMPANY;
ATWOOD & MORRILL CO., INC. d/b/a WEIR
VALVES & CONTROLS USA INC.;
AURORA PUMP COMPANY;
A.W. CHESTERTON COMPANY;
BELL & GOSSETT CO.;
BW/IP, INC., f/k/a BORG WARNER
INDUSTRIAL PRODUCTS, INC.,
successor to BORG WARNER CORP. and
BYRON JACKSON PUMPS;
CARRIER CORPORATION f/k/a BRYANT
HEATING AND COOLING SYSTEMS;
CARVER PUMP COMPANY, INC.;
CBS CORPORATION, a Delaware corporation,
f/k/a VIACOM, INC., successor by merger
to CBS CORPORATION, a Pennsylvania
corporation, f/k/a WESTINGHOUSE
ELECTRIC CORPORATION;
CLEAVER-BROOKS COMPANY, f/k/a AQUA
CHEM, INC.;
CLIFTON ASSOCIATES, INC., f/k/a JOHNSON
ASBESTOS CORPORATION;
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CURTISS-WRIGHT FLOW CONTROL
CORPORATION, individually and as
successor-in-interest to Farris Valves and
Sprague Pumps;
EATON AEROQUIP LLC, individually and as
successor-in-interest to AEROQUIP
CORPORATION and as successor-in-
interest to VICKERS INCORPORATED;
ECKEL INDUSTRIES, INC.;
ELECTROLUX HOME PRODUCTS, INC.,
individually and as successor-in-interest to
COPES-VULCAN;
EXOMET, INC.;
FERRO ENGINEERING, a division of
OGLEBAY NORTON MARINE
SERVICES COMPANY;
FLOWSERVE US, INC., solely as successor to
ROCKWELL MANUFACTURING
COMPANY, EDWARD VALVES, INC.,
NORDSTROM VALVES, INC., and
EDWARD VOGT VALVE COMPANY;
FMC CORPORATION, individually and as
successor-in-interest to NORTHERN PUMP
COMPANY and NORTHERN
ORDINANCE;
FOSECO, INC.;
GARDNER DENVER, INC.;
GENERAL ELECTRIC COMPANY;
GORMAN-RUPP COMPANY (THE),
individually and as successor-in-interest to
C.H. WHEELER MANUFACTURING
COMPANY;
GOULDS PUMPS, INCORPORATED;
GRINNELL LLC, f/k/a GRINNELL FIRE
PROTECTION SYSTEMS COMPANY,
INC.;
H.M. ROYAL, INC.;
HOWDEN NORTH AMERICA, INC., f/k/a
HOWDEN BUFFALO INC., individually
and as successor-in-interest to BUFFALO
FORGE COMPANY;
IMO INDUSTRIES, INC., f/k/a/ DELAVAL,
INC.;
INDUCTOTHERM INDUSTRIES, INC.;
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ITT LLC, individually and as successor-in-interest
to BELL & GOSSETT, MARLOW
PUMPS, and FOSTER VALVES;
JENKIN BROS.;
MALCOLM G. STEVENS, INC.;
MODERN EQUIPMENT COMPANY;
NASH ENGINEERING COMPANY (THE);
NEW ENGLAND INSULATION COMPANY;
OCCIDENTAL CHEMICAL CORPORATION,
individually and as successor-in-interest to
DUREZ;
O.C. KECKLEY COMPANY;
REDCO CORP., individually and as successor-in-
interest to NATIONAL BOILER CO.,
NATIONAL RADIATOR CORPORATION,
NATIONAL-US RADIATOR
CORPORATION and PACIFIC STEEL
BOILER;
R.T. VANDERBILT COMPANY, INC.;
ROGERS CORPORATION;
SPENCE ENGINEERING COMPANY, INC.;
SUPERIOR BOILER WORKS, INC.;
SUPERIOR LIDGERWOOD MUNDY CORP.,
a/k/a LIDGERWOOD MANUFACTURING
CO., individually and as successor to M.T.
DAVIDSON CO.;
TACO, INC.;
UNION CARBIDE CORPORATION;
VELAN VALVE CORP.;
VIKING PUMP, INC.;
WARREN PUMPS, LLC, individually and as
successor-in-interest to QUIMBY PUMP
COMPANY, INC.;
WHITING CORPORATION;
WT/HRC CORPORATION; and
YORK INTERNATIONAL CORPORATION.
Defendants.
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PARTY PLAINTIFFS
1. The Plaintiff, SETH BROOKS, as Personal Representative of the ESTATE OF
SUSAN G. BROOKS, resides at 482 Hanover Center Road, Etna, New Hampshire 03750.
PARTY DEFENDANTS
2A. Defendant 3M COMPANY, f/k/a MINNESOTA MINING AND
MANUFACTURING, is a Delaware corporation with its principal place of business at 3M Center,
Tax Building 224-5N40, St. Paul, Minnesota 55101 and a registered agent in Massachusetts. 3M
COMPANY has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as a manufacturer defendant.
2B. Defendant AIR & LIQUID SYSTEMS CORPORATION, successor-by-merger
to BUFFALO PUMPS, INC., is a Pennsylvania corporation with its registered agent at CT
Corporation System, 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101. AIR & LIQUID
SYSTEMS CORPORATION has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
2C. Defendant ALFA LAVAL, INC., sued individually and as successor-in-interest to
DeLAVAL SEPARATOR CO., is a New Jersey corporation with its principal place of business at
5400 International Trade Dr., Richmond, Virginia 23231 and a registered agent in Massachusetts.
ALFA LAVAL, INC. has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
2D. Defendant ANCHOR/DARLING VALVE COMPANY is a Pennsylvania
corporation with its principal place of business at 2300 Computer Avenue Suite L-61, Willow
Grove, Pennsylvania 19090. ANCHOR/DARLING VALVE COMPANY has conducted business
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in and has derived substantial revenue from the Commonwealth of Massachusetts. This defendant
has been sued as an equipment defendant.
2E. Defendant ATWOOD & MORRILL CO., INC. d/b/a WEIR VALVES 7
CONTROLS USA INC., is a domestic corporation with its principal place of business at 29 Old
Right Road, Ipswich, MA 01938 and a registered agent in Massachusetts. ATWOOD &
MORRILL CO., INC. has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
2F. Defendant AURORA PUMP COMPANY is a foreign corporation with its
principal place of business at 800 Airport Road, North Aurora, Illinois 60542. AURORA PUMP
COMPANY has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
2G. Defendant A.W. CHESTERTON COMPANY is a domestic corporation with its
principal place of business at 500 Unicorn Park Drive, Woburn, Massachusetts 01801-3345. A.W.
CHESTERTON COMPANY has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts. This defendant has been sued as a manufacturer and
equipment defendant.
2H. Defendant BELL & GOSSETT CO. is a duly organized foreign corporation with
its principal place of business at 8200 N. Austin Avenue, Morton Grove, Illinois 60053. BELL &
GOSSETT CO. has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This Defendant has been sued as an equipment Defendant.
2I. Defendant BW/IP, INC., formerly known as BORG WARNER INDUSTRIAL
PRODUCTS, INC., successor to BORG WARNER CORP., ALDRICH PUMPS and BYRON
JACKSON PUMPS, was and is a duly organized foreign corporation with its principal place of
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business at 5215 North O’Connor Boulevard, Suite 2300, Irving, Texas 75039. BW/IP, INC. has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts. This Defendant has been sued as an equipment Defendant.
2J. Defendant CARRIER CORPORATION is a foreign corporation with its
principal place of business at One Carrier Place, Farmington, Connecticut 06032 and a registered
agent in Massachusetts. CARRIER CORPORATION has conducted business in and has derived
substantial revenue from the Commonwealth of Massachusetts. This defendant has been sued as
an equipment defendant.
2K. Defendant CARVER PUMP COMPANY, INC. is a Delaware corporation with
its principal place of business at 2415 Park Avenue, Muscatine, Iowa 52761. CARVER PUMP
COMPANY, INC. has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
2L. Defendant CBS CORPORATION, f/k/a VIACOM, INC., successor by merger to
CBS CORPORATION, a Pennsylvania corporation, f/k/a WESTINGHOUSE ELECTRIC
CORPORATION, is a Delaware corporation with its principal place of business at 1515
Broadway, New York, New York 10036 and a registered agent in Massachusetts. CBS
CORPORATION has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
2M. Defendant CLEAVER-BROOKS COMPANY, f/k/a AQUA CHEM, INC. is a
foreign corporation with its principal place of business at 11950 West Lake Park Drive,
Milwaukee, WI 53224. CLEAVER-BROOKS COMPANY has conducted business in and has
derived substantial revenue from the Commonwealth of Massachusetts. This defendant has been
sued as an equipment defendant.
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2N. Defendant CLIFTON ASSOCIATES, INC., f/k/a JOHNSON ASBESTOS
CORPORATION, is a Massachusetts corporation with its principal place of business at 1434
Memorial Avenue in West Springfield, MA. CLIFTON ASSOCIATES, INC. has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts. This
Defendant has been sued as a supplier Defendant.
2O. Defendant CURTISS WRIGHT FLOW CONTROL CORPORATION,
individually and as successor-in-interest to FARRIS VALVES and SPRAGUE PUMPS, is a New
York corporation with its principal place of business at 15801 Brixham Hill Avenue, Suite 200,
Charlotte, North Carolina 28277. CURTISS-WRIGHT FLOW CONTROL CORPORATION has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts. This defendant has been sued as an equipment defendant.
2P. Defendant EATON AEROQUIP LLC, individually and as successor-in-interest
to AEROQUIP CORPORATION and as successor-in-interest to VICKERS INCORPORATED,
is an Ohio corporation with its principal place of business at 1000 Eaton Boulevard, Cleveland,
Ohio 44122 and a registered agent in Massachusetts. EATON AEROQUIP LLC has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts. This
defendant has been sued as a manufacturer defendant.
2Q. Defendant ECKEL INDUSTRIES, INC. is a Massachusetts corporation with
registered agent Joe Tunnera located at its principal place of business of 155 Fawcett Street,
Cambridge, Massachusetts 02138. ECKEL INDUSTRIES, INC. has conducted business in and
has derived substantial revenue from the Commonwealth of Massachusetts. This defendant is
being sued as a supplier defendant.
2R. Defendant ELECTROLUX HOME PRODUCTS, INC., individually and as
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successor-in-interest to COPES-VULCAN, is a Delaware corporation with its principal place of
business at 10200 David Taylor Drive, Charlotte, NC 28262, and a registered agent in
Massachusetts. ELECTROLUX HOME PRODUCTS, INC. has conducted business in and has
derived substantial revenue from the Commonwealth of Massachusetts. This Defendant has been
sued as an equipment and supplier Defendant.
2S. Defendant EXOMET, INC. is an Ohio corporation with its principal place of
business in Ohio and its registered agent located at CT Corp System, 1300 E 9th Street, Cleveland,
Ohio 44144. EXOMET, INC. has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts. This defendant has been sued as a manufacturer defendant.
2T. Defendant FERRO ENGINEERING, a division of ON MARINE SERVICES
COMPANY, a Delaware corporation with a registered agent at National Registered Agents, Inc.,
160 Greentree Drive, Suite 101, Dover DE. FERRO ENGINEERING has conducted business in
and has derived substantial revenue from the Commonwealth of Massachusetts. This defendant
has been sued as a manufacturer defendant.
2U. Defendant FLOWSERVE US, INC., solely as successor to ROCKWELL
MANUFACTURING COMPANY f/k/a ROCKWELL AUTOMATION, INC., DURCO
INTERNATIONAL, EDWARD VALVES, INC., EDWARD VOGT VALVE COMPANY and
NORDSTROM VALVES, INC. was and is a foreign corporation with its principal place of
business at 2515 N. O’Connor Boulevard, Suite 2300, Irving, TX 75039 and a registered agent in
Massachusetts. FLOWSERVE US, INC., through the above-named predecessors, has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts. This
Defendant has been sued as an equipment Defendant.
2V. Defendant FMC CORPORATION, individually and as successor-in-interest to
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NORTHERN PUMP COMPANY, is a foreign corporation with its principal place of business at
1735 Market Street, Philadelphia, Pennsylvania 19103 and a registered agent in Massachusetts.
FMC CORPORATION has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
2W. Defendant FOSECO, INC., individually and as successor-in-interest to EXOMET,
INC., is a Delaware corporation with its principal place of business in Ohio and its registered agent
at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
DE 19801. FOSECO, INC. has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts. This defendant has been sued as a manufacturer defendant.
2X. Defendant GARDNER DENVER, INC. is a foreign corporation with its principal
place of business at 1800 Gardner Expressway, Quincy Illinois 62301. GARDNER DENVER,
INC. has conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts. This defendant has been sued as an equipment defendant.
2Y. Defendant GENERAL ELECTRIC COMPANY is a New York corporation with
its principal place of business at 3135 Easton Turnpike, Fairfield, Connecticut 06828 and a
registered agent in Massachusetts. GENERAL ELECTRIC COMPANY has conducted business
in and has derived substantial revenue from the Commonwealth of Massachusetts. This defendant
has been sued as an equipment defendant.
2Z. Defendant GORMAN-RUPP COMPANY (THE), sued individually and as
successor-in-interest to C.H. WHEELER MANUFACTURING, is an Ohio corporation with its
principal place of business at 600 S. Airport Road, Mansfield, OH 44903. GORMAN-RUPP
COMPANY has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This defendant has been sued as an equipment defendant.
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2AA. Defendant GOULDS PUMPS INCORPORATED. is a New York corporation
with its principal place of business at 240 Fall Street, Seneca Falls, NY 13148 and a registered
agent in Massachusetts. GOULDS PUMPS, INCORPORATED has conducted business in and
has derived substantial revenue from the Commonwealth of Massachusetts. This defendant has
been sued as an equipment defendant.
2BB. Defendant GRINNELL LLC, f/k/a GRINNELL FIRE PROTECTION SYSTEMS
COMPANY, INC. is a foreign corporation with its principal place of business at 1501 Yamato
Road, Boca Raton, FL 33431 and a registered agent in Massachusetts. GRINNELL LLC has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts. This Defendant has been sued as an equipment Defendant.
2CC. Defendant H.M. ROYAL, INC. is a New Jersey corporation with its principal
place of business at 689 Pennington Avenue, Trenton, NJ 08618 and a registered agent in
Massachusetts. H.M. ROYAL, INC. has conducted business in and has derived substantial revenue
from the Commonwealth of Massachusetts. This defendant has been sued as a supplier defendant.
2DD. Defendant HOWDEN NORTH AMERICA, INC., f/k/a HOWDEN BUFFALO
INC., sued individually and as successor-in-interest to BUFFALO FORGE COMPANY, is a
Delaware corporation with its principal place of business at 2475 George Urban Boulevard, Suite
120, Depew, NY 14043 and a registered agent in Massachusetts. HOWDEN NORTH AMERICA,
INC. has conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts. This defendant has been sued as an equipment defendant.
2EE. Defendant IMO INDUSTRIES, INC., sued individually and as successor-in-
interest to DELAVAL STEAM TURBINE COMPANY, is a Delaware corporation with its
principal place of business at 200 American Metro Blvd., Suite 111, Hamilton, New Jersey 08619
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and a registered agent in Massachusetts. IMO INDUSTRIES, INC. has conducted business in and
has derived substantial revenue from the Commonwealth of Massachusetts. This defendant has
been sued as an equipment defendant.
2FF. Defendant INDUCTOTHERM INDUSTRIES, INC. is a New Jersey corporation
with its principal place of business at 10 Indel Ave., P.O. Box 157, Rancocas, NJ 08073.
INDUCTOTHERM INDUSTRIES, INC. has conducted business in and has derived substantial
revenue from the Commonwealth of Massachusetts. This defendant has been sued as an equipment
defendant.
2GG. Defendant ITT LLC, individually and as successor-in-interest to BELL &
GOSSETT, MARLOW PUMPS and FOSTER VALVES, is a foreign corporation with its principal
place of business at 1133 Westchester Avenue, Suite N300, White Plains, NY 10604. ITT LLC
has conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts. This Defendant has been sued as an equipment Defendant.
2HH. Defendant JENKINS BROS. was a New Jersey corporation with its principal place
of business at 510 Main Street, Bridgeport, Connecticut 06609. JENKINS BROS. has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts. This
Defendant has been sued as an equipment defendant.
2II. Defendant MALCOLM G. STEVENS, INC. is a domestic corporation
incorporated under the laws of the Commonwealth of Massachusetts with registered agent William
Stevens located at its principal place of business at 12 Progress Avenue, Tyngsboro, MA 01879.
MALCOLM G. STEVENS, INC. conducts business in and has derived substantial revenue from
the Commonwealth of Massachusetts. This defendant has been sued as a supplier defendant.
2JJ. Defendant MODERN EQUIPMENT COMPANY is a Wisconsin corporation
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with its registered agent at CT Corporation System, 301 S Bedford Street, Suite 1, Madison, WI
MODERN EQUIPMENT COMPANY has conducted business in and has derived substantial
revenue from the Commonwealth of Massachusetts. This defendant has been sued as an equipment
and supplier defendant.
2KK. Defendant NASH ENGINEERING COMPANY (THE) is a Connecticut
corporation with its principal place of business at 9 Trefoil Drive, Trumball, CT 06611 and a
registered agent in Massachusetts. NASH ENGINEERING COMPANY conducts business in and
has derived substantial revenue from the Commonwealth of Massachusetts. This defendant has
been sued as an equipment defendant.
2LL. Defendant NEW ENGLAND INSULATION COMPANY is a Massachusetts
corporation with its principal place of business at 960 Turnpike Street #27, Canton, MA 02021.
NEW ENGLAND INSULATION COMPANY has conducted business in and has derived
substantial revenue from the Commonwealth of Massachusetts. This defendant has been sued as
a supplier defendant.
2MM. Defendant OCCIDENTAL CHEMICAL CORPORATION, individually and as
successor-in-interest to DUREZ, is a New York corporation with its principal place of business at
5005 LBJ Freeway, Dallas, TX 75244 and a registered agent in Massachusetts. OCCIDENTAL
CHEMICAL CORPORATION has conducted business in and has derived substantial revenue
from the Commonwealth of Massachusetts. This defendant has been sued as a manufacturer and
supplier defendant.
2NN. Defendant O.C. KECKLEY COMPANY is a foreign corporation with its
principal place of business at 3400 Cleveland Street, Skokie, IL 60076. O.C. KECKLEY
COMPANY conducts business in and has derived substantial revenue from the Commonwealth of
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Massachusetts. This defendant has been sued as an equipment defendant.
2OO. Defendant REDCO CORP. sued individually and as successor-in-interest to
CRANE CO.; NATIONAL BOILER CO., NATIONAL RADIATOR CORPORATION,
NATIONAL-US RADIATOR CORPORATION and PACIFIC STEEL BOILER, is a Delaware
corporation with its principal place of business at 100 First Stamford Place, Stamford, Connecticut
06902 and a registered agent of the Corporation Trust Company located at 1209 Orange Street,
Corporation Trust Center, Wilmington, Delaware 19801. REDCO CORP. has conducted business
in and has derived substantial revenue from the Commonwealth of Massachusetts. This defendant
has been sued as an equipment defendant.
2PP. Defendant R.T. VANDERBILT COMPANY, INC. is a New York corporation
with its principal place of business at 30 Winfield Street, Norwalk, Connecticut 06856. R.T.
VANDERBILT COMPANY, INC. has conducted business in and has derived substantial revenue
from the Commonwealth of Massachusetts. This defendant has been sued as a manufacturer and
supplier defendant.
2QQ. Defendant ROGERS CORPORATION is a Massachusetts corporation with its
principal place of business in Arizona and its registered agent for service at Corporation Service
Company, 84 State Street, Boston, MA 02109. ROGERS CORPORATION has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts. This
defendant has been sued as a manufacturer and supplier defendant.
2RR. Defendant SPENCE ENGINEERING COMPANY, INC. is a foreign corporation
with its principal place of business at 150 Coldenham Road, Walden, NY 12586. SPENCE
ENGINEERING COMPANY, INC. has conducted business in and derived substantial revenue
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from the Commonwealth of Massachusetts. This defendant has been sued as an equipment
defendant.
2SS. Defendant SUPERIOR BOILER WORKS, INC. is a corporation based in
Kansas, with its principal place of business at 3524 E 4th Ave., Hutchinson, KS 67501-1960, and
a registered of R. Doug Wright, 3524 E 4th Ave., Hutchinson, KS 67501. SUPERIOR BOILER
WORKS, INC. has conducted business in and has derived substantial revenue from the
Commonwealth of Massachusetts. This Defendant has been sued as an equipment and supplier
Defendant.
2TT. Defendant SUPERIOR LIDGERWOOD MUNDY CORP., a/k/a
LIDGERWOOD MANUFACTURING CO., individually and as successor to M.T. DAVIDSON
CO., is a foreign corporation with its principal place of business at 302 Grand Avenue, Superior,
WI 54880. SUPERIOR LIDGERWOOD MUNDY CORP has conducted business in and derived
substantial revenue from the Commonwealth of Massachusetts. This defendant has been sued as
an equipment defendant.
2UU. Defendant TACO, INC. is a Rhode Island corporation with its principal place of
business at 1160 Cranston Street, Cranston, Rhode Island 02920 and a registered agent in
Massachusetts. TACO, INC. has conducted business in and has derived substantial revenue from
the Commonwealth of Massachusetts. This Defendant has been sued as an equipment Defendant.
2VV. Defendant UNION CARBIDE CORPORATION is a New York corporation with
its principal place of business at 39 Old Ridgebury Road, Danbury, CT 06817 and a registered
agent in Massachusetts. UNION CARBIDE CORPORATION has conducted business in and has
derived substantial revenue from the Commonwealth of Massachusetts. This defendant has been
sued as a manufacturer and supplier defendant.
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2WW. Defendant VELAN VALVE CORP. is a foreign corporation with its principal
place of business at 94 Avenue C, Williston, VT 05495. VELAN VALVE CORP. has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts. This
defendant has been sued as an equipment defendant.
2XX. Defendant VIKING PUMP, INC. is a Delaware corporation with its principal
place of business at 406 State Street, Cedar Falls, IA 50613. VIKING PUMP, INC. has conducted
business in and has derived substantial revenue from the Commonwealth of Massachusetts. This
Defendant has been sued as an equipment Defendant.
2YY. Defendant WARREN PUMPS, LLC, individually and as successor to THE
QUIMBY PUMP COMPANY, is a Delaware limited liability corporation with its principal place
of business at 82 Bridges Avenue, PO Box 969, Warren, MA and a registered agent in
Massachusetts. WARREN PUMPS, LLC has conducted business in and has derived substantial
revenue from the Commonwealth of Massachusetts. This defendant has been sued as an equipment
defendant.
2ZZ. Defendant WHITING CORPORATION is a foreign corporation with its
registered agent of Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield,
IL 62703. WHITING CORPORATION has conducted business in and has derived substantial
revenue from the Commonwealth of Massachusetts. This defendant has been sued as an equipment
defendant.
2AAA. Defendant WT/HRC CORPORATION is an Illinois corporation based on
Illinois, with its registered agent of National Registered Agents, Inc., 208 SO Lasalle Street, Suite
814, Chicago, IL 60604. WT/HRC CORPORATION has conducted business in and has derived
substantial revenue from the Commonwealth of Massachusetts. This defendant has been sued as
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an equipment defendant.
2BBB. Defendant YORK INTERNATIONAL CORPORATION is a Delaware
corporation with its principal place of business at 507 East Michigan Street, Milwaukee, WI 53202
and a registered agent in Massachusetts. YORK INTERNATIONAL CORPORATION has
conducted business in and has derived substantial revenue from the Commonwealth of
Massachusetts. This Defendant has been sued as an equipment Defendant.
3. As used in this Complaint, the terms “defendant,” “defendants,” or “defendant
corporations” shall include the party defendants identified in paragraphs 2A-2BBB hereof, and
their predecessors and successors, which shall include, but not be limited to, any person,
corporation, company of business entity which formed part of any combination, consolidation,
merger or reorganization from which any party defendant was created or was the surviving
corporation of 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; 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.
4. The Plaintiff’s causes of action arise from the defendants: (a) transacting business
in the Commonwealth of Massachusetts; (b) contracting to supply and/or sell goods in the
Commonwealth of Massachusetts; (c) doing or causing a tortious act to be done within the
Commonwealth of Massachusetts; and/or (d) causing the consequence of a tortious act to occur
within the Commonwealth of Massachusetts.
FACTUAL BACKGROUND
5. The asbestos, and asbestos-containing and/or asbestos-laden products to which
SUSAN G. BROOKS (hereinafter referred to as “Plaintiff’s Decedent”), was exposed were mined,
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milled, manufactured, fabricated, contracted, installed, supplied, distributed, sold, and/or used 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.
6. At all times pertinent hereto, the defendant corporations were engaged in the
business of mining, milling, manufacturing, fabricating, contracting, installing, supplying,
distributing, selling, and/or using asbestos and asbestos-containing products.
7. At all times pertinent hereto, the asbestos products were products mined, milled,
manufactured, fabricated, contracted, installed, supplied, distributed, sold, and/or used by the
defendant corporations and reached Plaintiff’s Decedent without any substantial change in the
condition of the product or products from the time that they were sold.
8. Plaintiff’s Decedent was exposed to Defendants’ asbestos and asbestos-containing
products on a take-home basis from her father based on his work at industrial worksites in
Massachusetts in the 1950s and 1960s.
9. During the periods of time set forth in Paragraph 8, Plaintiff’s Decedent was
exposed to and did inhale and/or ingest asbestos dust, fibers, and particles, which dust, fibers, and
particles came from the asbestos or asbestos-containing products which were manufactured,
fabricated, supplied, sold, distributed, installed, serviced, maintained, repaired, and/or used by the
defendant corporations.
10. As a direct and proximate result of working with, around, and/or near asbestos
materials utilized, mined, milled, manufactured, designed, tested, packaged, furnished, sold,
supplied, distributed, delivered, installed, and otherwise placed in the stream of commerce by the
defendants, Plaintiff’s Decedent SUSAN G. BROOKS developed malignant mesothelioma, an
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asbestos-related injury, and was diagnosed with this disease on or about April of 2022.
11. Plaintiff’s Decedent suffered serious personal injuries, endured great pain of body
and mind, suffered severe mental anguish and distress, and required to undergo medical treatment,
care, and expense, until her death caused by malignant mesothelioma on July 12, 2022.
COUNT ONE:
ALLEGATIONS AGAINST MANUFACTURING DEFENDANTS
12. All of the allegations contained in the previous paragraphs are re-alleged.
13. Plaintiff alleges that Plaintiff’s Decedent was exposed to asbestos-containing
products and/or machinery requiring or calling for the use of asbestos and/or asbestos-containing
products in his occupation. Defendants, 3M COMPANY; A.W. CHESTERTON COMPANY;
EATON AEROQUIP LLC; EXOMET, INC.; FERRO ENGINEERING; FOSECO, INC.;
OCCIDENTAL CHEMICAL CORPORATION; R.T. VANDERBILT COMPANY, INC.;
ROGERS CORPORATION; and UNION CARBIDE CORPORATION (hereinafter referred to as
the “Manufacturer Defendants”), or their predecessors-in-interest, are, or at times material hereto
have been, engaged in the mining, processing and/or manufacturing, sale and distribution of
asbestos and asbestos-containing products and/or machinery requiring or calling for the use of
asbestos and/or asbestos-containing products. Plaintiff will show that Plaintiff’s Decedent had
been exposed, on numerous occasions, to asbestos-containing products and/or machinery requiring
or calling for the use of asbestos and/or asbestos-containing products produced and/or sold by
defendants and, in so doing, had inhaled great quantities of asbestos fibers. Further, Plaintiff
alleges, as more specifically set out below, that Plaintiff’s Decedent suffered injuries proximately
caused by his exposure to asbestos-containing products designed, manufactured, and sold by
defendants. In that each exposure to such products caused or contributed to Plaintiff’s Decedent’s
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Date Filed 12/30/2022 2:49 PM
Superior Court - Middlesex
Docket Number
injuries, Plaintiff says that the doctrine of joint and several liability should be extended to apply to
each defendant herein.
14. Plaintiff’s Decedent was exposed to asbestos-containing products and/or machinery
requiring or calling for the use of asbestos and/or asbestos-containing products that were
manufactured, designed, and/or distributed by the Manufacturer Defendants and/or their
predecessors-in-interest. Plaintiff will show that the defective design and condition of the products
rendered such products unreasonably dangerous, and that the asbesto