Preview
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 2 Trans ID: LCV20232117217
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Erin M. Boyle, Esquire
ID # 312672020
220 Lake Drive East, Suite 210
Cherry Hill, NJ 08002
Tel. (856) 755-1115
Attorneys for Plaintiffs
_________________________________________
:
WILLIAM W. MIZE and DILLIE MIZE, : SUPERIOR COURT OF NEW JERSEY
H/W : LAW DIVISION
: MIDDLESEX COUNTY
Plaintiffs, :
vs. : DOCKET NO. MID-L-002435-23 AS
:
JANSSEN PHARMACEUTICALS, INC., : ASBESTOS LITIGATION
individually and as successor in interest to Johnson :
& Johnson Consumer, Inc, et al. : NOTICE OF MOTION TO
: AMEND COMPLAINT AND
Defendants. : DEMAND FOR JURY TRIAL
:
__________________________________________:
TO: ALL COUNSEL OF RECORD
(SEE ATTACHED SERVICE RIDER)
PLEASE TAKE NOTICE that on Friday, August 4, 2023, at 9 o=clock a.m., or as soon
thereafter as counsel may be heard, or as the Court may otherwise direct, at the Middlesex
County Courthouse, 56 Paterson Street, New Brunswick, NJ 07903, counsel for Plaintiffs in the
above-captioned matter will move pursuant to R. 4:9-1 for an Order to amend Plaintiffs’
Complaint and Demand for Jury Trial to adopt and incorporate by reference the Standard
Complaint against Defendants Kenvue Inc., Janssen Pharmaceuticals, Inc., and Johnson &
Johnson Holdco (NA) Inc. filed on June 20, 2023, in the Superior Court of New Jersey,
Middlesex County, Trans ID: LCV20231842063. A proposed form of Order is attached.
PLEASE TAKE FURTHER NOTICE that in support of said Motion, Plaintiffs will
rely upon the certification and exhibits attached hereto.
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PLEASE TAKE FURTHER NOTICE that no oral argument is requested unless timely
opposition is filed, in which event Plaintiffs respectfully request oral argument.
Dates have not been fixed for pre-trial conference or calendar call in this matter.
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Attorneys for Plaintiffs
By: ___________________________
Erin M. Boyle, Esquire
ID#: 312672020
Dated: July 19, 2023
JOHNSON& JOHNSON
JOHNSON & JOHNSON CONSUMER, INC.,
JOHNSON & JOHNSON HOLDCO(NA)
JANSSEN
KENVUE
MCCARTER & ENGLISH, LLP
JOHN C. GARDE, ESQ.
PENELOPE TAYLOR, ESQ.
100 MULBERRY STREET
PO BOX 652
NEWARK, NJ 07102
PHONE 973-622-4444
FAX 973-624-7070
jgarde@mccarter.com
ptaylor@mccarter.com
bsherman@mccarter.com
NJTALC@mccarter.com
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 2 Trans ID: LCV20232117217
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Erin M. Boyle, Esquire
ID # 312672020
220 Lake Drive East, Suite 210
Cherry Hill, NJ 08002
Tel. (856) 755-1115
Attorneys for Plaintiffs
__________________________________________
: SUPERIOR COURT OF NEW JERSEY
WILLIAM W. MIZE and DILLIE MIZE, : LAW DIVISION
H/W : MIDDLESEX COUNTY
:
Plaintiffs, : DOCKET NO. MID-L-002435-23 AS
vs. :
: ASBESTOS LITIGATION
JANSSEN PHARMACEUTICALS, INC., :
individually and as successor in interest to Johnson : ORDER GRANTING LEAVE TO
& Johnson Consumer, Inc. et al. : AMEND COMPLAINT AND
: DEMAND FOR JURY TRIAL
Defendants. :
:
__________________________________________:
THIS MATTER having been brought before the Court by Erin M. Boyle, counsel for
Plaintiffs, on a Motion pursuant to R. 4:9-1 to amend Plaintiffs’ Complaint and Demand for Jury
Trial; and the Court having read the moving papers and the opposition, if any, thereto; and having
considered the arguments of counsel; and for good cause shown;
IT IS on this ________________ day of ________________________________, 2023
ORDERED that Plaintiffs be and hereby are granted leave to file an Amended Complaint
and Demand for Jury Trial to adopt and incorporate by reference the Standard Complaint against
Defendants Kenvue Inc., Janssen Pharmaceuticals, Inc., and Johnson & Johnson Holdco (NA) Inc.
filed on June 20, 2023, in the Superior Court of New Jersey, Middlesex County, Trans ID:
LCV20231842063, with the form submitted to the Court on this motion, and it is further
ORDERED that Plaintiffs’ Amended Complaint and Demand for Jury Trial be filed
with the Clerk of the Superior Court, Law Division, Middlesex County, within ______ days of the
date of this Order; and it is further
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 2 of 2 Trans ID: LCV20232117217
ORDERED that counsel for Plaintiffs shall serve a copy of this Order on counsel for
Defendants by uploading to e-Courts.
______________________________________
HON. ANA C. VISCOMI, J.S.C.
Motion________Opposed
________Unopposed
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 2 Trans ID: LCV20232117217
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Erin M. Boyle, Esquire
ID # 312672020
220 Lake Drive East, Suite 210
Cherry Hill, NJ 08002
Tel. (856) 755-1115
Attorneys for Plaintiffs
__________________________________________
:
WILLIAM W. MIZE and DILLIE MIZE, : SUPERIOR COURT OF NEW JERSEY
H/W : LAW DIVISION
: MIDDLESEX COUNTY
Plaintiffs, :
vs. : DOCKET NO. MID-L-002435-23 AS
:
JANSSEN PHARMACEUTICALS, INC., : ASBESTOS LITIGATION
individually and as successor in interest to Johnson :
& Johnson Consumer, Inc., et al. : CERTIFICATION IN SUPPORT OF
: MOTION TO AMEND COMPLAINT
Defendants. : AND DEMAND FOR JURY
__________________________________________:
I, Erin M. Boyle, being of full age, do hereby certify as follows:
1. I am an attorney licensed to practice law in the State of New Jersey and am
associated with the law firm of Weitz & Luxenberg, P.C. As counsel for Plaintiffs in the above-
captioned matter I am fully familiar with the facts recited herein and relevant to the instant motion.
2. Plaintiffs initially filed this action for asbestos-related personal injury on May 1,
2023, after Plaintiff William W. Mize was diagnosed with Mesothelioma on or February 4, 2022,
alleged to have resulted from his exposure to asbestos.
3. After further investigation of the facts surrounding this matter, Plaintiffs seek to
adopt and incorporate by reference the Standard Complaint against Defendants Kenvue Inc.,
Janssen Pharmaceuticals, Inc., and Johnson & Johnson Holdco (NA) Inc. filed on June 20, 2023,
in the Superior Court of New Jersey, Middlesex County, Trans ID: LCV20231842063.
4. Plaintiffs attach hereto as Exhibit A, a copy of their proposed Amended
Complaint and Demand for Jury Trial.
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5. Dates for pre-trial conference or calendar call have not been fixed for this matter.
6. I make this certification in support of Plaintiffs’ Motion to Amend the Complaint
and Demand for Jury Trial in the above-captioned matter.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Attorneys for Plaintiffs
By: ___________________________
Erin M. Boyle, Esquire
Dated: July 19, 2023
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PROOF OF SERVICE
I, Erin M. Boyle, Esquire, being of full age, hereby certify that on the date set forth next to
my signature below, I caused the original and one copy of the within Notice of Motion,
Certification in support of said motion, and proposed form of Order to be filed on e-Courts and
federal expressed to the Civil Motions Clerk (Mass Tort), Superior Court of New Jersey, Law
Division, Middlesex County, 56 Paterson Street, New Brunswick, NJ, with a copy to the Hon. Ana
C. Viscomi, J.S.C., at the same address. I also caused one copy of same to be served via email
upon counsel of record for Defendants listed on the attached Service Rider.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Attorneys for Plaintiffs
By: ___________________________
Erin M. Boyle, Esquire
ID#: 312672020
Dated: July 19, 2023
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 21 Trans ID: LCV20232117217
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Erin M. Boyle, Esq.
ID#: 312672020
220 Lake Drive East, Suite 210
Cherry Hill, NJ 08002
(856) 755-1115
Attorneys for Plaintiffs
WILLIAM W. MIZE and DILLIE MIZE, H/W SUPERIOR COURT OF NEW
JERSEY LAW DIVISION
Plaintiffs, MIDDLESEX COUNTY
vs.
DOCKET NO. L-002435-23 AS
JANSSEN PHARMACEUTICALS, INC., CIVIL ACTION
individually and as successor in interest to Johnson & (ASBESTOS LITIGATION)
Johnson Consumer, Inc.;
AMENDED COMPLAINT AND
JOHNSON & JOHNSON; DEMAND FOR JURY TRIAL
JOHNSON & JOHNSON CONSUMER, INC.;
JOHNSON & JOHNSON HOLDCO (NA) INC.;
KENVUE INC., individually and as successor in
interest to Johnson & Johnson Consumer, Inc.;
and JOHN DOE CORPORATIONS, 1-50
Defendants.
Plaintiffs WILLIAM W. MIZE and DILLIE MIZE, H/W by way of Complaint against the
Defendants named herein, allege as follows:1
1
In addition to the allegations set forth herein, Plaintiffs adopt and incorporate by reference the Standard Complaint
against Defendants Kenvue Inc., Janssen Pharmaceuticals, Inc., and Johnson & Johnson Holdco (NA) Inc. filed on
June 20, 2023, in the Superior Court of New Jersey, Middlesex County, Trans ID: LCV20231842063.
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PARTIES-PLAINTIFFS
1. Plaintiffs WILLIAM W. MIZE and DILLIE MIZE, H/W reside at 2355 Freestone
Ridge Cove, Hoover, County of Jefferson, State of Alabama 35226.
2. Plaintiff DILLIE MIZE (also referred to in this Complaint as PLAINTIFF
SPOUSE) is the spouse of Plaintiff WILLIAM W. MIZE.
3. Plaintiff William W. Mize was frequently and regularly exposed to asbestos from
approximately 1951 until approximately 2022 when he used asbestos-contaminated Johnson &
Johnson Baby Powder as part of his personal hygiene routine. Mr. Mize was also frequently and
regularly exposed to asbestos when he used asbestos-contaminated Johnson & Johnson Baby
Powder on his three children for diaper changes and also as part of their personal hygiene
routines from 1971 until approximately 1990. Mr. Mize was also frequently and regularly
exposed to asbestos when he used asbestos contaminated Gold Bond medicated body powder as
part of his personal hygiene routine from 1967 until approximately 2022. Additionally,
beginning in the 1950s and continuing for several decades thereafter, Mr. Mize was frequently
and regularly exposed to asbestos in Alabama and Pennsylvania as a shadetree mechanic, as a
mechanic in the US Army, while working at industrial facilities including Koppers in
Pennsylvania, and while performing home renovations. Throughout this time, he was exposed to
asbestos from numerous types of asbestos-containing products, including but not limited to,
brakes, clutches, gaskets, packing, pumps, valves, furnace cement, caulk, floor tiles, ceiling tiles,
drywall, joint compound and asbestos contaminated talc products. Mr. Mize was also frequently
and regularly non-occupationally exposed to asbestos from performing home renovations in the
1960s and 1970s using asbestos-containing products.
4. As a direct and proximate result of the above exposures, Plaintiff WILLIAM W.
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MIZE. contracted mesothelioma and has suffered, and continues to suffer, from other various
diverse injuries and attendant complications.
5. Plaintiff WILLIAM W. MIZE. was caused to suffer severe, permanent and
disabling personal injury, has expended and will be caused to expend sums of money for medical
care and treatment, therefore, has been prevented and will be prevented from pursuing normal
activities and employment, has experienced and will continue to experience severe pain and
suffering and mental anguish, and has been deprived and will continue to be deprived of ordinary
pursuits and enjoyments of life.
6. Reference herein to “Plaintiff” or “Plaintiffs” is a reference to all the persons set
forth above as is syntactically and contextually correct.
PARTIES – DEFENDANTS
7. Defendants are corporations organized under the laws of New Jersey and/or various
states of the United States of America that were and are doing business in the State of New Jersey.
The aforementioned Defendants mined, milled, designed, manufactured, sold, supplied, purchased
and/or marketed asbestos-containing products, and/or asbestos-containing talc and/or other
finished and unfinished asbestos-containing talc powder products, and/or asbestos fiber of various
kinds and grades which Plaintiff was exposed.
8. Defendants, JANSSEN PHARMACEUTICALS, INC., individually and as
successor in interest to Johnson & Johnson Consumer, Inc.; JOHNSON & JOHNSON; JOHNSON
& JOHNSON CONSUMER, INC.; JOHNSON & JOHNSON HOLDCO (NA) INC.; and
KENVUE INC., individually and as successor in interest to Johnson & Johnson Consumer, Inc.
are corporations or other business entities organized under the laws of one or more states of the
United States of America and doing business in New Jersey.
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9. Defendants, JOHN DOE CORPORATIONS, 1-50, are the fictitious names or
corporations, Partnerships, and/or other business entities whose identities are not presently known,
and who are the alter egos of or are otherwise responsible for the conduct of liability of those who
mined, milled, manufactured, sold, supplied, purchased, marketed, installed and/or removed
asbestos-containing products, and/or equipment requiring and/or calling for the use of asbestos
and/or asbestos-containing products, and/or asbestos-containing talc and/or other finished and
unfinished asbestos-containing talc powder products, and/or raw asbestos fiber of various kinds
and grades to which Plaintiff was exposed.
10. Defendants conduct business in the State of New Jersey, and certain Defendants
reside or maintain their principal offices and/or principal places of business in the State of New
Jersey.
FIRST COUNT
11. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
12. Defendants, at all times material hereto, acted through their respective officers,
employees and agents, who in turn were acting within the scope of their authority and employment
in furtherance of the business of Defendants.
13. Defendants were engaged, directly, or indirectly, in the mining, milling, designing,
manufacturing, producing, processing, compounding, converting, selling, merchandising,
supplying, or distributing of asbestos-containing products, and/or asbestos containing talc and/or
other finished and unfinished asbestos-containing talc powder products, and/or raw asbestos fiber
of various kinds and grades which Defendants knew or should have foreseen would be used with
asbestos-containing products (hereinafter collectively referred to as “Defendants’ Products”).
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14. Defendants, directly or indirectly, caused Defendants’ Products to be sold to or used
by Plaintiff and/or in close proximity to Plaintiff.
15. Plaintiff was exposed to and came in contact with Defendants’ Products. Plaintiff
inhaled and/or ingested the asbestos dust and fibers emanating from Defendants’ Products.
16. As a direct and proximate result of Plaintiff’s inhalation and ingestion of dust
particles and fibers from Defendants’ Products, Plaintiff developed permanent and disabling
personal injuries.
17. During the time that Defendants mined, milled, designed, manufactured, produced
processed, compounded, converted, sold, merchandised, distributed, and supplied Defendant’s
Products, Defendants knew or in the exercise of reasonable care should have known that
Defendants’ Products were defective, ultra-hazardous, dangerous, and otherwise highly harmful
to Plaintiff.
18. Defendants knew or in the exercise of reasonable care should have known that the
use of Defendants’ Products, would cause asbestos dust and fibers to be released into the air and
would create dangerous and unreasonable risk of injury to the lungs, respiratory systems, larynx,
stomach and other bodily organs of users of Defendants’ Products, and to others breathing that air
and coming into contact with that dust.
19. Plaintiff did not know the nature and extent of the injury that would result from
contact with and exposure to Defendants’ Products, or from the inhalation or ingestion of the
asbestos dust and fibers.
20. Defendants knew or in the exercise of reasonable care should have known that
Plaintiff would come into contact with and be exposed to Defendants’ Products and would inhale
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or ingest asbestos dust and fibers as a result of the ordinary and foreseeable use of Defendants’
Products by Plaintiff.
21. Despite the facts as set forth above, Defendants negligently, grossly negligently,
maliciously, with willful and wanton disregard, recklessly and intentionally:
(a) Mined, milled, designed, manufactured, produced, processed, compounded,
converted, sold, supplied, merchandised, distributed or otherwise placed in the
stream of commerce Defendant’s Products which Defendants knew, or in the
exercise of reasonable care should have known, were defective, dangerous, ultra-
hazardous and otherwise unreasonably harmful to Plaintiff;
(b) Failed to take reasonable precautions or exercise reasonable care to warn Plaintiff
adequately of the risks, dangers and harm to which Plaintiff would be exposed by
exposure to, contact with, use and handling of Defendants’ Products, or by
inhalation or ingestion of the asbestos dust and fibers resulting from the ordinary
and foreseeable use of Defendants’ Products;
(c) Failed to provide information or reasonably safe and sufficient safeguards, wearing
apparel, proper equipment and appliances necessary to protect Plaintiff from being
injured, poisoned, disabled, killed or otherwise harmed by using, handling, coming
into contact with and being exposed to Defendants’ Products, or by inhalation or
ingestion of the asbestos dust and fibers resulting from the ordinary and foreseeable
use of Defendants’ Products;
(d) Failed to package their products in a manner that would assure that Plaintiff would
not come into contact with or be exposed to the asbestos dust and fibers resulting
from the ordinary and foreseeable use of Defendants’ Products;
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(e) Failed to advise Plaintiff of the necessity to adopt and enforce a safe, sufficient and
proper method and plan of using, handling, coming into contact with and being
exposed to Defendants’ Products so that Plaintiff would not inhale or ingest the
asbestos dust and fibers resulting from the ordinary and foreseeable use of
Defendants’ Products;
(f) Ignored and/or suppressed medical and scientific information, studies, tests, data
and literature which Defendants acquired during the course of their normal business
activities concerning the risk of asbestosis, scarred lungs, cancer, mesothelioma,
respiratory disorders and other illnesses and diseases to individuals such as Plaintiff
and other persons similarly situated who were exposed to Defendants’ Products;
(g) Disregarded medical and scientific information, studies, tests, data and literature
concerning the causal relationship between the inhalation or ingestion of asbestos
dust and fibers, and such diseases as asbestosis, mesothelioma, scarred lungs,
cancer, respiratory disorders and other illnesses and diseases;
(h) Failed to investigate, impose and comply with policies, procedures, standards and
regulations as to exposure to asbestos, asbestos fibers, and asbestos dust;
(i) Wrongfully processed, manufactured, packaged, distributed, used, delivered, and
sold Defendants’ Products for use by Plaintiff, others like his and the general
public;
(j) Exposed and continued to expose Plaintiff and other persons similarly situated to
the risk of developing asbestosis, mesothelioma, scarred lungs, cancer and other
illnesses, all of which risks Defendants knew, or in the exercise of reasonable care
should have known, were consequences of exposure to asbestos dust and fibers;
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(k) Failed to seek substitute materials in lieu of the use of talc and/or asbestos;
(l) Failed to provide proper, adequate, correct and appropriate warnings, labels,
advice, cautions, instructions, and information as to the use of and consequences of
exposure to Defendants’ Products, asbestos, asbestos fibers and dusts and failed to
use reasonable care as to same;
(m) Failed to provide proper and appropriate warnings and cautions to all users of
Defendants’ Products, including Plaintiff, of the dangers of asbestos-containing
products, fibers and dusts, both known and foreseeable; and
(n) Failed to advise Plaintiff, who Defendants knew, or in the exercise of reasonable
care, should have known, had been exposed to, inhaled or ingested asbestos dust
and fibers resulting from the ordinary and foreseeable use of Defendants’ Products,
to cease further uncontrolled or unprotected exposure to Defendants’ Products and
the inhalation or ingestion of asbestos dust and fibers; to be examined by competent
medical doctors to determine the nature and extent of any and all diseases caused
by inhalation or ingestion of asbestos dust and fibers; and to receive medical care
and treatment for such diseases.
22. Defendants otherwise acted negligently, grossly negligently, maliciously, with
willful and wanton disregard, recklessly and with intentional disregard for the welfare of Plaintiff
in the mining, milling, designating, manufacturing, producing, processing, compounding,
converting, selling, merchandising, supplying, distributing, or otherwise placing in the stream of
commerce Defendants’ Products.
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23. Defendants acted in a negligent, grossly negligent, malicious, willful and wanton
manner, with reckless disregard for the health and welfare of Plaintiff and others similarly situated
and failed to use reasonable care under all of the circumstances.
24. As a direct and proximate result of the aforementioned acts and omissions of
Defendants, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled
or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’
Products. Plaintiff developed mesothelioma as a direct and proximate result of said exposure to
Defendants’ Products. Plaintiff has and continues to endure severe pain and suffering and mental
anguish, has been required to expend great sums of money for medical care and treatment related
thereto, has been prevented from pursuing normal activities and has been deprived of ordinary
pursuits and enjoyments of life. Plaintiff has suffered lost earnings and other pecuniary loss.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
SECOND COUNT
25. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
26. Defendants expressly and impliedly warranted that Defendants’ Products, which
they mined, milled, designed, manufactured, produced, processed, compounded, converted, sold,
supplied, merchandised, distributed or otherwise placed in the stream of commerce were
merchantable, reasonably fit for use and safe for their intended purposes.
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27. Defendants breached said warranties in that Defendants’ Products were defective,
ultra-hazardous, dangerous, unfit for use, not merchantable and not safe for their intended, ordinary
and foreseeable use and purposes.
28. As a direct and proximate result of Defendants’ breach of warranties, Plaintiff was
exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust
and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff has
suffered the injuries, expenses and losses, including severe pain and suffering and mental anguish,
as alleged in prior counts of this Complaint.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
THIRD COUNT
29. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
30. Defendants failed to disclose and intentionally and negligently misrepresented to
Plaintiff the health risks created by ordinary use of Defendants’ Products.
31. Plaintiff relied upon said representations, and Plaintiff’s reliance was foreseeable
to Defendants.
32. As a result of Defendants’ conduct, Plaintiff was exposed to and came in contact
with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the
ordinary and foreseeable use of Defendants’ Products. Plaintiff has suffered the injuries, expenses
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and losses, including severe pain and suffering and mental anguish, as alleged in prior counts of
this Complaint.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
FOURTH COUNT
33. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
34. Defendants are strictly liable to Plaintiffs by reason of the following:
(a) Defendants were engaged in the business of being miners, millers, designers,
manufacturers, producers, processors, sellers, suppliers, and distributors of
Defendants’ Products;
(b) Defendants knew or had reason to know that Plaintiff and other persons similarly
situated would be ultimate users or consumers of Defendants’ Products or would
be exposed to Defendants’ Products;
(c) Defendants sold or otherwise placed Defendants’ Products into the stream of
commerce in a defective condition, unreasonably dangerous to Plaintiff and other
persons similarly situated;
(d) Throughout the many years that Plaintiff and other similarly situated persons were
exposed to and used Defendants' Products, Defendants’ Products reached the users
and consumers without substantial change in the condition in which they were sold;
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(e) The ordinary and foreseeable use of Defendants' asbestos-containing products
constituted a dangerous and ultra-hazardous activity and created an unreasonable
risk of injury to users, bystanders and household members;
(f) Defendants’ Products were defective in that they deviated from the design
specifications and/or standards set forth by the manufacturer, were incapable of
being made safe for their ordinary and intended use and purpose due to their
defective design, were defective because they failed to contain adequate warnings,
were defectively manufactured as they failed to comply with their own
specifications, were defectively designed because the risks and dangers associated
with the use of Defendants’ Products outweighed their benefits, and Defendants
failed to give any warnings or instructions, or failed to give adequate or sufficient
warnings or instructions about the risks, dangers and harm associated with the use
of Defendants’ Products.
(g) Defendants’ Products were defectively designed because Defendants’ Products are
more dangerous than would be contemplated by ordinary users, consumers,
workers, bystanders and household members, and also because the risks of
Defendants’ Products outweighed their benefits;
(h) Defendants’ Products were defectively manufactured as they failed to comply with
their own specifications.
35. As a consequence of the defective condition of Defendants’ Products, Plaintiff was
exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust
and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff has
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suffered the injuries, expenses and losses, including severe pain and suffering and mental anguish,
as alleged in prior counts of this Complaint.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
FIFTH COUNT
NEW JERSEY PRODUCTS LIABILITY ACT CLAIM
(NJSA 2A:58C-1 et seq.)
36. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
37. Defendants are strictly liable to Plaintiffs by reason of the following:
(a) Defendants were engaged in the business of being miners, millers, designers,
manufacturers, producers, processors, sellers, suppliers, and distributors of
Defendants’ Products;
(b) Defendants knew or had reason to know that Plaintiff and other persons similarly
situated would be ultimate users or consumers of Defendants’ Products or would
be exposed to Defendants’ Products;
(c) Defendants sold or otherwise placed Defendants’ Products into the stream of
commerce in a defective condition, unreasonably dangerous to Plaintiff and other
persons similarly situated, which were not fit, suitable or safe for their intended
purposes and/or reasonably foreseeable uses;
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(d) Throughout the many years that Plaintiff and other similarly situated persons were
exposed to and used Defendants' Products, Defendants’ Products reached the users
and consumers, and their household members, without substantial change in the
condition in which they were sold;
(e) The ordinary and foreseeable use of Defendants' asbestos-containing products
constituted a dangerous and ultra-hazardous activity and created an unreasonable
risk of injury to users, bystanders and household members;
(f) Defendants’ Products were defective in that they deviated from the design
specifications and/or standards set forth by the manufacturer, were incapable of
being made safe for their ordinary and intended use and purpose due to their
defective design, were defective because they failed to contain adequate warnings,
were defectively manufactured as they failed to comply with their own
specifications, were defectively designed because Defendants’ Products were more
dangerous than would be contemplated by an ordinary user, the risks of Defendants’
Products outweighed their benefits, and Defendants failed to give any warnings or
instructions, or failed to give adequate or sufficient warnings or instructions about
the risks, dangers and harm associated with the use of Defendants’ Products, and/or
failed to give adequate post-sale warnings or instructions.
(g) Defendants’ Products were defectively designed because Defendants’ Products are
more dangerous than would be contemplated by ordinary users, consumers,
workers, bystanders and household members, and also because the risks of
Defendants’ Products outweighed their benefits;
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 15 of 21 Trans ID: LCV20232117217
(h) Defendants’ Products were defectively manufactured as they failed to comply with
their own specifications.
38. As a consequence of the defective condition of Defendants’ Products, Plaintiff was
exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust
and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff has
suffered the injuries, expenses and losses, including severe pain and suffering and mental anguish,
as alleged in prior counts of this Complaint.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
SIXTH COUNT
39. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
40. Defendants acted in concert with each other and with other members of the industry
through express agreement, implicit agreement, imitative behavior and conscious parallel
behavior:
(a) To withhold from users of Defendants’ Products, and from persons who Defendants
knew or should have known would be exposed to Defendants’ Products,
information regarding the health risks of breathing or ingesting asbestos dust and
fibers;
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 16 of 21 Trans ID: LCV20232117217
(b) To eliminate or prevent development of adequate procedures and tests relating to
the health hazards of exposure to asbestos fibers and dust; and
(c) To assure that Defendants’ Products became widely used in industries such as
personal hygiene, beauty, infant care, and similar industries.
41. Defendants knew that their activities were violative of common law standards of
care and that their withholding of information, failure to develop tests and procedures and
promotion of widespread use of asbestos-containing products would expose persons such as
Plaintiff to unreasonable risk of bodily injury.
42. Defendants nevertheless gave substantial assistance and encouragement to each
other and to other members of the industry and assisted each other and other members of the
industry in: withholding information regarding the dangers of asbestos; failing to develop tests and
procedures to assure that users of asbestos would not subjected to risk of injury; and promoting
widespread use of Defendants’ Products which Defendants knew would expose Plaintiff to
unreasonably risk of bodily injury.
43. As a direct and proximate consequence of the concerted actions of Defendants and
other members of the industry, Plaintiff was exposed to and came in contact with Defendants’
Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and
foreseeable use of Defendants’ Products. Plaintiff was caused to suffer the injuries, expenses and
losses, including severed pain and suffering and mental anguish, as alleged in prior counts of this
Complaint.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 17 of 21 Trans ID: LCV20232117217
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
SEVENTH COUNT
44. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
45. The Defendants constitute all known, non-remote producers, designers,
manufacturers, suppliers, distributors of the asbestos-containing products which could have caused
Plaintiff’s injuries.
46. Each of the Defendants, whether acting individually or in concert with others,
violated a duty of care owed to Plaintiff, or otherwise engaged in culpable activity against Plaintiff.
The acts and omissions of at least one of the Defendants caused Plaintiff to suffer the injuries,
losses and expenses alleged in prior counts of this Complaint.
47. Plaintiff in no respect can be blamed should Plaintiff be unable to establish which
of the asbestos-containing products caused the injuries complained of herein.
48. The burden of proof in this matter thus should shift to Defendants to demonstrate
that their respective conduct and their respective asbestos-containing products could not have
caused Plaintiff’s injuries, and failing such proof, Defendants should be held jointly, severally, or
alternatively liable for Plaintiff’s injuries.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 18 of 21 Trans ID: LCV20232117217
EIGHTH COUNT
49. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
50. At all times relevant hereto, the Defendants, as a part of their businesses, were
engaged, directly, or indirectly, in the mining, milling, designing, manufacturing, producing,
processing, compounding, converting, selling, merchandising, supplying, or distributing of
asbestos-containing products, and/or asbestos containing talc and/or other finished and unfinished
asbestos-containing talc powder products, which Defendants placed into the stream of commerce
in a defective, unsafe and inherently dangerous condition in that, among other things, adequate
warnings, instructions and precautions were not given to known and foreseeable users and
handlers, including Plaintiff, and the products and materials were expected to and did reach such
persons, including Plaintiff, without substantial change in the condition in which they were sold.
51. At all times relevant hereto, the asbestos containing products and materials were
used and employed for the purposes for which they were mined, processed and manufactured,
designed, fashioned, packaged, inspected, tested, sold and intended to be used, and in a manner
foreseeable to the Defendants.
52. The injuries and resulting damages to Plaintiff were caused by the defective, unsafe
and dangerous condition of the asbestos products and materials which Defendants distributed,
supplied, sold, and otherwise placed in the stream of commerce.
53. As a consequence of the Defendants’ conduct and//or the defective condition of
Defendants’ Products, Plaintiff was exposed to and came in contact with Defendants’ Products
and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 19 of 21 Trans ID: LCV20232117217
Defendants’ Products. Plaintiff has suffered the injuries, expenses and losses, including severe
pain and suffering and mental anguish, as alleged in prior counts of this Complaint.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
NINTH COUNT
54. PLAINTIFF SPOUSE reiterates the facts and contentions as set forth above and
repeats them herein.
55. PLAINTIFF SPOUSE has suffered loss of consortium, companionship, services,
society and support.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
Plaintiffs hereby incorporate by reference all allegations set forth in the Standard
Complaint, as amended, previously served upon all parties and filed with Middlesex County Clerk.
Additional copies of the Standard Complaint are available upon written request to Plaintiffs’
counsel and a pdf version can be downloaded from the judiciary’s website:
https://www.njcourts.gov.attorneys/mcl/middlesex/asbestos.html.
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 20 of 21 Trans ID: LCV20232117217
In addition, copies of the Mass Tort Asbestos Manual, General Orders and Standing Orders
pertaining to Middlesex County asbestos litigation are available from the judiciary’s website, or
from Special Master Agatha N. Dzikiewicz, Esq., Middlesex County Courthouse, 56 Paterson
Street, Chambers 204, New Brunswick, New Jersey 08903, Tel: 732-645-4300 ext. 88211, e-mail
– Agatha.Dzikiewicz@njcourts.gov.
DEMAND FOR TRIAL BY JURY
Plaintiffs demand a trial by jury on all issues.
DEMAND FOR ANSWERS TO INTERROGATORIES
Plaintiffs demand answers to the Standard Interrogatories pursuant to the Asbestos General
Order. Said Standard Interrogatory forms may be obtained online at www.njcourtsonline.com.
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Erin M. Boyle, Esq. and Joseph J. Mandia, Esq. are hereby
designated as trial counsel in this matter.
CERTIFICATION PURSUANT TO RULE 4:5-1
I hereby certify that a companion action was filed by Plaintiffs in the Court of
Common Pleas of Philadelphia County (May Term 2022, No. 1903) on May 20, 2022, against 84
LUMBER COMPANY; ADVANCE AUTO PARTS, INC.; AMERICAN BILTRITE INC.;
BARRETTS MINERALS, INC.; BLOCK DRUG COMPANY INC.; BLOCK DRUG
CORPORATION; BRENNTAG NORTH AMERICA; BRENNTAG SPECIALTIES, INC.;
CHARLES B. CRYSTAL CO., INC.; CHATTEM, INC.; CRANE CO.; DAP, INC.; DCO LLC
F/K/A DANA COMPANIES, LLC; EATON CORPORATION; FLOWSERVE US, INC.; FMC
CORPORATION; FORD MOTOR COMPANY; GENUINE PARTS COMPANY;
GLAXOSMITHKLINE, LLC; CORPORATION SERVICE COMPANY; GOULDS PUMPS
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 21 of 21 Trans ID: LCV20232117217
LLC; GRINNELL LLC; HIMMELL MANAGEMENT CO.; HONEYWELL INTERNATIONAL
INC.; MORSE TEC LLC; PFIZER, INC.; PNEOMO ABEX LLC; ROBERTSHAW CONTROLS
COMPANY; SPECIA
Preview
MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 2 Trans ID: LCV20232117217 WEITZ & LUXENBERG, P.C. A New York Professional Corporation Erin M. Boyle, Esquire ID # 312672020 220 Lake Drive East, Suite 210 Cherry Hill, NJ 08002 Tel. (856) 755-1115 Attorneys for Plaintiffs _________________________________________ : WILLIAM W. MIZE and DILLIE MIZE, : SUPERIOR COURT OF NEW JERSEY H/W : LAW DIVISION : MIDDLESEX COUNTY Plaintiffs, : vs. : DOCKET NO. MID-L-002435-23 AS : JANSSEN PHARMACEUTICALS, INC., : ASBESTOS LITIGATION individually and as successor in interest to Johnson : & Johnson Consumer, Inc, et al. : NOTICE OF MOTION TO : AMEND COMPLAINT AND Defendants. : DEMAND FOR JURY TRIAL : __________________________________________: TO: ALL COUNSEL OF RECORD (SEE ATTACHED SERVICE RIDER) PLEASE TAKE NOTICE that on Friday, August 4, 2023, at 9 o=clock a.m., or as soon thereafter as counsel may be heard, or as the Court may otherwise direct, at the Middlesex County Courthouse, 56 Paterson Street, New Brunswick, NJ 07903, counsel for Plaintiffs in the above-captioned matter will move pursuant to R. 4:9-1 for an Order to amend Plaintiffs’ Complaint and Demand for Jury Trial to adopt and incorporate by reference the Standard Complaint against Defendants Kenvue Inc., Janssen Pharmaceuticals, Inc., and Johnson & Johnson Holdco (NA) Inc. filed on June 20, 2023, in the Superior Court of New Jersey, Middlesex County, Trans ID: LCV20231842063. A proposed form of Order is attached. PLEASE TAKE FURTHER NOTICE that in support of said Motion, Plaintiffs will rely upon the certification and exhibits attached hereto. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 2 of 2 Trans ID: LCV20232117217 PLEASE TAKE FURTHER NOTICE that no oral argument is requested unless timely opposition is filed, in which event Plaintiffs respectfully request oral argument. Dates have not been fixed for pre-trial conference or calendar call in this matter. WEITZ & LUXENBERG, P.C. A New York Professional Corporation Attorneys for Plaintiffs By: ___________________________ Erin M. Boyle, Esquire ID#: 312672020 Dated: July 19, 2023 JOHNSON& JOHNSON JOHNSON & JOHNSON CONSUMER, INC., JOHNSON & JOHNSON HOLDCO(NA) JANSSEN KENVUE MCCARTER & ENGLISH, LLP JOHN C. GARDE, ESQ. PENELOPE TAYLOR, ESQ. 100 MULBERRY STREET PO BOX 652 NEWARK, NJ 07102 PHONE 973-622-4444 FAX 973-624-7070 jgarde@mccarter.com ptaylor@mccarter.com bsherman@mccarter.com NJTALC@mccarter.com MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 2 Trans ID: LCV20232117217 WEITZ & LUXENBERG, P.C. A New York Professional Corporation Erin M. Boyle, Esquire ID # 312672020 220 Lake Drive East, Suite 210 Cherry Hill, NJ 08002 Tel. (856) 755-1115 Attorneys for Plaintiffs __________________________________________ : SUPERIOR COURT OF NEW JERSEY WILLIAM W. MIZE and DILLIE MIZE, : LAW DIVISION H/W : MIDDLESEX COUNTY : Plaintiffs, : DOCKET NO. MID-L-002435-23 AS vs. : : ASBESTOS LITIGATION JANSSEN PHARMACEUTICALS, INC., : individually and as successor in interest to Johnson : ORDER GRANTING LEAVE TO & Johnson Consumer, Inc. et al. : AMEND COMPLAINT AND : DEMAND FOR JURY TRIAL Defendants. : : __________________________________________: THIS MATTER having been brought before the Court by Erin M. Boyle, counsel for Plaintiffs, on a Motion pursuant to R. 4:9-1 to amend Plaintiffs’ Complaint and Demand for Jury Trial; and the Court having read the moving papers and the opposition, if any, thereto; and having considered the arguments of counsel; and for good cause shown; IT IS on this ________________ day of ________________________________, 2023 ORDERED that Plaintiffs be and hereby are granted leave to file an Amended Complaint and Demand for Jury Trial to adopt and incorporate by reference the Standard Complaint against Defendants Kenvue Inc., Janssen Pharmaceuticals, Inc., and Johnson & Johnson Holdco (NA) Inc. filed on June 20, 2023, in the Superior Court of New Jersey, Middlesex County, Trans ID: LCV20231842063, with the form submitted to the Court on this motion, and it is further ORDERED that Plaintiffs’ Amended Complaint and Demand for Jury Trial be filed with the Clerk of the Superior Court, Law Division, Middlesex County, within ______ days of the date of this Order; and it is further MID-L-002435-23 07/19/2023 10:32:47 AM Pg 2 of 2 Trans ID: LCV20232117217 ORDERED that counsel for Plaintiffs shall serve a copy of this Order on counsel for Defendants by uploading to e-Courts. ______________________________________ HON. ANA C. VISCOMI, J.S.C. Motion________Opposed ________Unopposed MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 2 Trans ID: LCV20232117217 WEITZ & LUXENBERG, P.C. A New York Professional Corporation Erin M. Boyle, Esquire ID # 312672020 220 Lake Drive East, Suite 210 Cherry Hill, NJ 08002 Tel. (856) 755-1115 Attorneys for Plaintiffs __________________________________________ : WILLIAM W. MIZE and DILLIE MIZE, : SUPERIOR COURT OF NEW JERSEY H/W : LAW DIVISION : MIDDLESEX COUNTY Plaintiffs, : vs. : DOCKET NO. MID-L-002435-23 AS : JANSSEN PHARMACEUTICALS, INC., : ASBESTOS LITIGATION individually and as successor in interest to Johnson : & Johnson Consumer, Inc., et al. : CERTIFICATION IN SUPPORT OF : MOTION TO AMEND COMPLAINT Defendants. : AND DEMAND FOR JURY __________________________________________: I, Erin M. Boyle, being of full age, do hereby certify as follows: 1. I am an attorney licensed to practice law in the State of New Jersey and am associated with the law firm of Weitz & Luxenberg, P.C. As counsel for Plaintiffs in the above- captioned matter I am fully familiar with the facts recited herein and relevant to the instant motion. 2. Plaintiffs initially filed this action for asbestos-related personal injury on May 1, 2023, after Plaintiff William W. Mize was diagnosed with Mesothelioma on or February 4, 2022, alleged to have resulted from his exposure to asbestos. 3. After further investigation of the facts surrounding this matter, Plaintiffs seek to adopt and incorporate by reference the Standard Complaint against Defendants Kenvue Inc., Janssen Pharmaceuticals, Inc., and Johnson & Johnson Holdco (NA) Inc. filed on June 20, 2023, in the Superior Court of New Jersey, Middlesex County, Trans ID: LCV20231842063. 4. Plaintiffs attach hereto as Exhibit A, a copy of their proposed Amended Complaint and Demand for Jury Trial. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 2 of 2 Trans ID: LCV20232117217 5. Dates for pre-trial conference or calendar call have not been fixed for this matter. 6. I make this certification in support of Plaintiffs’ Motion to Amend the Complaint and Demand for Jury Trial in the above-captioned matter. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. WEITZ & LUXENBERG, P.C. A New York Professional Corporation Attorneys for Plaintiffs By: ___________________________ Erin M. Boyle, Esquire Dated: July 19, 2023 MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 1 Trans ID: LCV20232117217 PROOF OF SERVICE I, Erin M. Boyle, Esquire, being of full age, hereby certify that on the date set forth next to my signature below, I caused the original and one copy of the within Notice of Motion, Certification in support of said motion, and proposed form of Order to be filed on e-Courts and federal expressed to the Civil Motions Clerk (Mass Tort), Superior Court of New Jersey, Law Division, Middlesex County, 56 Paterson Street, New Brunswick, NJ, with a copy to the Hon. Ana C. Viscomi, J.S.C., at the same address. I also caused one copy of same to be served via email upon counsel of record for Defendants listed on the attached Service Rider. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. WEITZ & LUXENBERG, P.C. A New York Professional Corporation Attorneys for Plaintiffs By: ___________________________ Erin M. Boyle, Esquire ID#: 312672020 Dated: July 19, 2023 MID-L-002435-23 07/19/2023 10:32:47 AM Pg 1 of 21 Trans ID: LCV20232117217 WEITZ & LUXENBERG, P.C. A New York Professional Corporation Erin M. Boyle, Esq. ID#: 312672020 220 Lake Drive East, Suite 210 Cherry Hill, NJ 08002 (856) 755-1115 Attorneys for Plaintiffs WILLIAM W. MIZE and DILLIE MIZE, H/W SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiffs, MIDDLESEX COUNTY vs. DOCKET NO. L-002435-23 AS JANSSEN PHARMACEUTICALS, INC., CIVIL ACTION individually and as successor in interest to Johnson & (ASBESTOS LITIGATION) Johnson Consumer, Inc.; AMENDED COMPLAINT AND JOHNSON & JOHNSON; DEMAND FOR JURY TRIAL JOHNSON & JOHNSON CONSUMER, INC.; JOHNSON & JOHNSON HOLDCO (NA) INC.; KENVUE INC., individually and as successor in interest to Johnson & Johnson Consumer, Inc.; and JOHN DOE CORPORATIONS, 1-50 Defendants. Plaintiffs WILLIAM W. MIZE and DILLIE MIZE, H/W by way of Complaint against the Defendants named herein, allege as follows:1 1 In addition to the allegations set forth herein, Plaintiffs adopt and incorporate by reference the Standard Complaint against Defendants Kenvue Inc., Janssen Pharmaceuticals, Inc., and Johnson & Johnson Holdco (NA) Inc. filed on June 20, 2023, in the Superior Court of New Jersey, Middlesex County, Trans ID: LCV20231842063. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 2 of 21 Trans ID: LCV20232117217 PARTIES-PLAINTIFFS 1. Plaintiffs WILLIAM W. MIZE and DILLIE MIZE, H/W reside at 2355 Freestone Ridge Cove, Hoover, County of Jefferson, State of Alabama 35226. 2. Plaintiff DILLIE MIZE (also referred to in this Complaint as PLAINTIFF SPOUSE) is the spouse of Plaintiff WILLIAM W. MIZE. 3. Plaintiff William W. Mize was frequently and regularly exposed to asbestos from approximately 1951 until approximately 2022 when he used asbestos-contaminated Johnson & Johnson Baby Powder as part of his personal hygiene routine. Mr. Mize was also frequently and regularly exposed to asbestos when he used asbestos-contaminated Johnson & Johnson Baby Powder on his three children for diaper changes and also as part of their personal hygiene routines from 1971 until approximately 1990. Mr. Mize was also frequently and regularly exposed to asbestos when he used asbestos contaminated Gold Bond medicated body powder as part of his personal hygiene routine from 1967 until approximately 2022. Additionally, beginning in the 1950s and continuing for several decades thereafter, Mr. Mize was frequently and regularly exposed to asbestos in Alabama and Pennsylvania as a shadetree mechanic, as a mechanic in the US Army, while working at industrial facilities including Koppers in Pennsylvania, and while performing home renovations. Throughout this time, he was exposed to asbestos from numerous types of asbestos-containing products, including but not limited to, brakes, clutches, gaskets, packing, pumps, valves, furnace cement, caulk, floor tiles, ceiling tiles, drywall, joint compound and asbestos contaminated talc products. Mr. Mize was also frequently and regularly non-occupationally exposed to asbestos from performing home renovations in the 1960s and 1970s using asbestos-containing products. 4. As a direct and proximate result of the above exposures, Plaintiff WILLIAM W. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 3 of 21 Trans ID: LCV20232117217 MIZE. contracted mesothelioma and has suffered, and continues to suffer, from other various diverse injuries and attendant complications. 5. Plaintiff WILLIAM W. MIZE. was caused to suffer severe, permanent and disabling personal injury, has expended and will be caused to expend sums of money for medical care and treatment, therefore, has been prevented and will be prevented from pursuing normal activities and employment, has experienced and will continue to experience severe pain and suffering and mental anguish, and has been deprived and will continue to be deprived of ordinary pursuits and enjoyments of life. 6. Reference herein to “Plaintiff” or “Plaintiffs” is a reference to all the persons set forth above as is syntactically and contextually correct. PARTIES – DEFENDANTS 7. Defendants are corporations organized under the laws of New Jersey and/or various states of the United States of America that were and are doing business in the State of New Jersey. The aforementioned Defendants mined, milled, designed, manufactured, sold, supplied, purchased and/or marketed asbestos-containing products, and/or asbestos-containing talc and/or other finished and unfinished asbestos-containing talc powder products, and/or asbestos fiber of various kinds and grades which Plaintiff was exposed. 8. Defendants, JANSSEN PHARMACEUTICALS, INC., individually and as successor in interest to Johnson & Johnson Consumer, Inc.; JOHNSON & JOHNSON; JOHNSON & JOHNSON CONSUMER, INC.; JOHNSON & JOHNSON HOLDCO (NA) INC.; and KENVUE INC., individually and as successor in interest to Johnson & Johnson Consumer, Inc. are corporations or other business entities organized under the laws of one or more states of the United States of America and doing business in New Jersey. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 4 of 21 Trans ID: LCV20232117217 9. Defendants, JOHN DOE CORPORATIONS, 1-50, are the fictitious names or corporations, Partnerships, and/or other business entities whose identities are not presently known, and who are the alter egos of or are otherwise responsible for the conduct of liability of those who mined, milled, manufactured, sold, supplied, purchased, marketed, installed and/or removed asbestos-containing products, and/or equipment requiring and/or calling for the use of asbestos and/or asbestos-containing products, and/or asbestos-containing talc and/or other finished and unfinished asbestos-containing talc powder products, and/or raw asbestos fiber of various kinds and grades to which Plaintiff was exposed. 10. Defendants conduct business in the State of New Jersey, and certain Defendants reside or maintain their principal offices and/or principal places of business in the State of New Jersey. FIRST COUNT 11. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 12. Defendants, at all times material hereto, acted through their respective officers, employees and agents, who in turn were acting within the scope of their authority and employment in furtherance of the business of Defendants. 13. Defendants were engaged, directly, or indirectly, in the mining, milling, designing, manufacturing, producing, processing, compounding, converting, selling, merchandising, supplying, or distributing of asbestos-containing products, and/or asbestos containing talc and/or other finished and unfinished asbestos-containing talc powder products, and/or raw asbestos fiber of various kinds and grades which Defendants knew or should have foreseen would be used with asbestos-containing products (hereinafter collectively referred to as “Defendants’ Products”). MID-L-002435-23 07/19/2023 10:32:47 AM Pg 5 of 21 Trans ID: LCV20232117217 14. Defendants, directly or indirectly, caused Defendants’ Products to be sold to or used by Plaintiff and/or in close proximity to Plaintiff. 15. Plaintiff was exposed to and came in contact with Defendants’ Products. Plaintiff inhaled and/or ingested the asbestos dust and fibers emanating from Defendants’ Products. 16. As a direct and proximate result of Plaintiff’s inhalation and ingestion of dust particles and fibers from Defendants’ Products, Plaintiff developed permanent and disabling personal injuries. 17. During the time that Defendants mined, milled, designed, manufactured, produced processed, compounded, converted, sold, merchandised, distributed, and supplied Defendant’s Products, Defendants knew or in the exercise of reasonable care should have known that Defendants’ Products were defective, ultra-hazardous, dangerous, and otherwise highly harmful to Plaintiff. 18. Defendants knew or in the exercise of reasonable care should have known that the use of Defendants’ Products, would cause asbestos dust and fibers to be released into the air and would create dangerous and unreasonable risk of injury to the lungs, respiratory systems, larynx, stomach and other bodily organs of users of Defendants’ Products, and to others breathing that air and coming into contact with that dust. 19. Plaintiff did not know the nature and extent of the injury that would result from contact with and exposure to Defendants’ Products, or from the inhalation or ingestion of the asbestos dust and fibers. 20. Defendants knew or in the exercise of reasonable care should have known that Plaintiff would come into contact with and be exposed to Defendants’ Products and would inhale MID-L-002435-23 07/19/2023 10:32:47 AM Pg 6 of 21 Trans ID: LCV20232117217 or ingest asbestos dust and fibers as a result of the ordinary and foreseeable use of Defendants’ Products by Plaintiff. 21. Despite the facts as set forth above, Defendants negligently, grossly negligently, maliciously, with willful and wanton disregard, recklessly and intentionally: (a) Mined, milled, designed, manufactured, produced, processed, compounded, converted, sold, supplied, merchandised, distributed or otherwise placed in the stream of commerce Defendant’s Products which Defendants knew, or in the exercise of reasonable care should have known, were defective, dangerous, ultra- hazardous and otherwise unreasonably harmful to Plaintiff; (b) Failed to take reasonable precautions or exercise reasonable care to warn Plaintiff adequately of the risks, dangers and harm to which Plaintiff would be exposed by exposure to, contact with, use and handling of Defendants’ Products, or by inhalation or ingestion of the asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products; (c) Failed to provide information or reasonably safe and sufficient safeguards, wearing apparel, proper equipment and appliances necessary to protect Plaintiff from being injured, poisoned, disabled, killed or otherwise harmed by using, handling, coming into contact with and being exposed to Defendants’ Products, or by inhalation or ingestion of the asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products; (d) Failed to package their products in a manner that would assure that Plaintiff would not come into contact with or be exposed to the asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products; MID-L-002435-23 07/19/2023 10:32:47 AM Pg 7 of 21 Trans ID: LCV20232117217 (e) Failed to advise Plaintiff of the necessity to adopt and enforce a safe, sufficient and proper method and plan of using, handling, coming into contact with and being exposed to Defendants’ Products so that Plaintiff would not inhale or ingest the asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products; (f) Ignored and/or suppressed medical and scientific information, studies, tests, data and literature which Defendants acquired during the course of their normal business activities concerning the risk of asbestosis, scarred lungs, cancer, mesothelioma, respiratory disorders and other illnesses and diseases to individuals such as Plaintiff and other persons similarly situated who were exposed to Defendants’ Products; (g) Disregarded medical and scientific information, studies, tests, data and literature concerning the causal relationship between the inhalation or ingestion of asbestos dust and fibers, and such diseases as asbestosis, mesothelioma, scarred lungs, cancer, respiratory disorders and other illnesses and diseases; (h) Failed to investigate, impose and comply with policies, procedures, standards and regulations as to exposure to asbestos, asbestos fibers, and asbestos dust; (i) Wrongfully processed, manufactured, packaged, distributed, used, delivered, and sold Defendants’ Products for use by Plaintiff, others like his and the general public; (j) Exposed and continued to expose Plaintiff and other persons similarly situated to the risk of developing asbestosis, mesothelioma, scarred lungs, cancer and other illnesses, all of which risks Defendants knew, or in the exercise of reasonable care should have known, were consequences of exposure to asbestos dust and fibers; MID-L-002435-23 07/19/2023 10:32:47 AM Pg 8 of 21 Trans ID: LCV20232117217 (k) Failed to seek substitute materials in lieu of the use of talc and/or asbestos; (l) Failed to provide proper, adequate, correct and appropriate warnings, labels, advice, cautions, instructions, and information as to the use of and consequences of exposure to Defendants’ Products, asbestos, asbestos fibers and dusts and failed to use reasonable care as to same; (m) Failed to provide proper and appropriate warnings and cautions to all users of Defendants’ Products, including Plaintiff, of the dangers of asbestos-containing products, fibers and dusts, both known and foreseeable; and (n) Failed to advise Plaintiff, who Defendants knew, or in the exercise of reasonable care, should have known, had been exposed to, inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products, to cease further uncontrolled or unprotected exposure to Defendants’ Products and the inhalation or ingestion of asbestos dust and fibers; to be examined by competent medical doctors to determine the nature and extent of any and all diseases caused by inhalation or ingestion of asbestos dust and fibers; and to receive medical care and treatment for such diseases. 22. Defendants otherwise acted negligently, grossly negligently, maliciously, with willful and wanton disregard, recklessly and with intentional disregard for the welfare of Plaintiff in the mining, milling, designating, manufacturing, producing, processing, compounding, converting, selling, merchandising, supplying, distributing, or otherwise placing in the stream of commerce Defendants’ Products. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 9 of 21 Trans ID: LCV20232117217 23. Defendants acted in a negligent, grossly negligent, malicious, willful and wanton manner, with reckless disregard for the health and welfare of Plaintiff and others similarly situated and failed to use reasonable care under all of the circumstances. 24. As a direct and proximate result of the aforementioned acts and omissions of Defendants, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff developed mesothelioma as a direct and proximate result of said exposure to Defendants’ Products. Plaintiff has and continues to endure severe pain and suffering and mental anguish, has been required to expend great sums of money for medical care and treatment related thereto, has been prevented from pursuing normal activities and has been deprived of ordinary pursuits and enjoyments of life. Plaintiff has suffered lost earnings and other pecuniary loss. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. SECOND COUNT 25. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 26. Defendants expressly and impliedly warranted that Defendants’ Products, which they mined, milled, designed, manufactured, produced, processed, compounded, converted, sold, supplied, merchandised, distributed or otherwise placed in the stream of commerce were merchantable, reasonably fit for use and safe for their intended purposes. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 10 of 21 Trans ID: LCV20232117217 27. Defendants breached said warranties in that Defendants’ Products were defective, ultra-hazardous, dangerous, unfit for use, not merchantable and not safe for their intended, ordinary and foreseeable use and purposes. 28. As a direct and proximate result of Defendants’ breach of warranties, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff has suffered the injuries, expenses and losses, including severe pain and suffering and mental anguish, as alleged in prior counts of this Complaint. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. THIRD COUNT 29. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 30. Defendants failed to disclose and intentionally and negligently misrepresented to Plaintiff the health risks created by ordinary use of Defendants’ Products. 31. Plaintiff relied upon said representations, and Plaintiff’s reliance was foreseeable to Defendants. 32. As a result of Defendants’ conduct, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff has suffered the injuries, expenses MID-L-002435-23 07/19/2023 10:32:47 AM Pg 11 of 21 Trans ID: LCV20232117217 and losses, including severe pain and suffering and mental anguish, as alleged in prior counts of this Complaint. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. FOURTH COUNT 33. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 34. Defendants are strictly liable to Plaintiffs by reason of the following: (a) Defendants were engaged in the business of being miners, millers, designers, manufacturers, producers, processors, sellers, suppliers, and distributors of Defendants’ Products; (b) Defendants knew or had reason to know that Plaintiff and other persons similarly situated would be ultimate users or consumers of Defendants’ Products or would be exposed to Defendants’ Products; (c) Defendants sold or otherwise placed Defendants’ Products into the stream of commerce in a defective condition, unreasonably dangerous to Plaintiff and other persons similarly situated; (d) Throughout the many years that Plaintiff and other similarly situated persons were exposed to and used Defendants' Products, Defendants’ Products reached the users and consumers without substantial change in the condition in which they were sold; MID-L-002435-23 07/19/2023 10:32:47 AM Pg 12 of 21 Trans ID: LCV20232117217 (e) The ordinary and foreseeable use of Defendants' asbestos-containing products constituted a dangerous and ultra-hazardous activity and created an unreasonable risk of injury to users, bystanders and household members; (f) Defendants’ Products were defective in that they deviated from the design specifications and/or standards set forth by the manufacturer, were incapable of being made safe for their ordinary and intended use and purpose due to their defective design, were defective because they failed to contain adequate warnings, were defectively manufactured as they failed to comply with their own specifications, were defectively designed because the risks and dangers associated with the use of Defendants’ Products outweighed their benefits, and Defendants failed to give any warnings or instructions, or failed to give adequate or sufficient warnings or instructions about the risks, dangers and harm associated with the use of Defendants’ Products. (g) Defendants’ Products were defectively designed because Defendants’ Products are more dangerous than would be contemplated by ordinary users, consumers, workers, bystanders and household members, and also because the risks of Defendants’ Products outweighed their benefits; (h) Defendants’ Products were defectively manufactured as they failed to comply with their own specifications. 35. As a consequence of the defective condition of Defendants’ Products, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff has MID-L-002435-23 07/19/2023 10:32:47 AM Pg 13 of 21 Trans ID: LCV20232117217 suffered the injuries, expenses and losses, including severe pain and suffering and mental anguish, as alleged in prior counts of this Complaint. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. FIFTH COUNT NEW JERSEY PRODUCTS LIABILITY ACT CLAIM (NJSA 2A:58C-1 et seq.) 36. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 37. Defendants are strictly liable to Plaintiffs by reason of the following: (a) Defendants were engaged in the business of being miners, millers, designers, manufacturers, producers, processors, sellers, suppliers, and distributors of Defendants’ Products; (b) Defendants knew or had reason to know that Plaintiff and other persons similarly situated would be ultimate users or consumers of Defendants’ Products or would be exposed to Defendants’ Products; (c) Defendants sold or otherwise placed Defendants’ Products into the stream of commerce in a defective condition, unreasonably dangerous to Plaintiff and other persons similarly situated, which were not fit, suitable or safe for their intended purposes and/or reasonably foreseeable uses; MID-L-002435-23 07/19/2023 10:32:47 AM Pg 14 of 21 Trans ID: LCV20232117217 (d) Throughout the many years that Plaintiff and other similarly situated persons were exposed to and used Defendants' Products, Defendants’ Products reached the users and consumers, and their household members, without substantial change in the condition in which they were sold; (e) The ordinary and foreseeable use of Defendants' asbestos-containing products constituted a dangerous and ultra-hazardous activity and created an unreasonable risk of injury to users, bystanders and household members; (f) Defendants’ Products were defective in that they deviated from the design specifications and/or standards set forth by the manufacturer, were incapable of being made safe for their ordinary and intended use and purpose due to their defective design, were defective because they failed to contain adequate warnings, were defectively manufactured as they failed to comply with their own specifications, were defectively designed because Defendants’ Products were more dangerous than would be contemplated by an ordinary user, the risks of Defendants’ Products outweighed their benefits, and Defendants failed to give any warnings or instructions, or failed to give adequate or sufficient warnings or instructions about the risks, dangers and harm associated with the use of Defendants’ Products, and/or failed to give adequate post-sale warnings or instructions. (g) Defendants’ Products were defectively designed because Defendants’ Products are more dangerous than would be contemplated by ordinary users, consumers, workers, bystanders and household members, and also because the risks of Defendants’ Products outweighed their benefits; MID-L-002435-23 07/19/2023 10:32:47 AM Pg 15 of 21 Trans ID: LCV20232117217 (h) Defendants’ Products were defectively manufactured as they failed to comply with their own specifications. 38. As a consequence of the defective condition of Defendants’ Products, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff has suffered the injuries, expenses and losses, including severe pain and suffering and mental anguish, as alleged in prior counts of this Complaint. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. SIXTH COUNT 39. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 40. Defendants acted in concert with each other and with other members of the industry through express agreement, implicit agreement, imitative behavior and conscious parallel behavior: (a) To withhold from users of Defendants’ Products, and from persons who Defendants knew or should have known would be exposed to Defendants’ Products, information regarding the health risks of breathing or ingesting asbestos dust and fibers; MID-L-002435-23 07/19/2023 10:32:47 AM Pg 16 of 21 Trans ID: LCV20232117217 (b) To eliminate or prevent development of adequate procedures and tests relating to the health hazards of exposure to asbestos fibers and dust; and (c) To assure that Defendants’ Products became widely used in industries such as personal hygiene, beauty, infant care, and similar industries. 41. Defendants knew that their activities were violative of common law standards of care and that their withholding of information, failure to develop tests and procedures and promotion of widespread use of asbestos-containing products would expose persons such as Plaintiff to unreasonable risk of bodily injury. 42. Defendants nevertheless gave substantial assistance and encouragement to each other and to other members of the industry and assisted each other and other members of the industry in: withholding information regarding the dangers of asbestos; failing to develop tests and procedures to assure that users of asbestos would not subjected to risk of injury; and promoting widespread use of Defendants’ Products which Defendants knew would expose Plaintiff to unreasonably risk of bodily injury. 43. As a direct and proximate consequence of the concerted actions of Defendants and other members of the industry, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of Defendants’ Products. Plaintiff was caused to suffer the injuries, expenses and losses, including severed pain and suffering and mental anguish, as alleged in prior counts of this Complaint. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, MID-L-002435-23 07/19/2023 10:32:47 AM Pg 17 of 21 Trans ID: LCV20232117217 loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. SEVENTH COUNT 44. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 45. The Defendants constitute all known, non-remote producers, designers, manufacturers, suppliers, distributors of the asbestos-containing products which could have caused Plaintiff’s injuries. 46. Each of the Defendants, whether acting individually or in concert with others, violated a duty of care owed to Plaintiff, or otherwise engaged in culpable activity against Plaintiff. The acts and omissions of at least one of the Defendants caused Plaintiff to suffer the injuries, losses and expenses alleged in prior counts of this Complaint. 47. Plaintiff in no respect can be blamed should Plaintiff be unable to establish which of the asbestos-containing products caused the injuries complained of herein. 48. The burden of proof in this matter thus should shift to Defendants to demonstrate that their respective conduct and their respective asbestos-containing products could not have caused Plaintiff’s injuries, and failing such proof, Defendants should be held jointly, severally, or alternatively liable for Plaintiff’s injuries. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 18 of 21 Trans ID: LCV20232117217 EIGHTH COUNT 49. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 50. At all times relevant hereto, the Defendants, as a part of their businesses, were engaged, directly, or indirectly, in the mining, milling, designing, manufacturing, producing, processing, compounding, converting, selling, merchandising, supplying, or distributing of asbestos-containing products, and/or asbestos containing talc and/or other finished and unfinished asbestos-containing talc powder products, which Defendants placed into the stream of commerce in a defective, unsafe and inherently dangerous condition in that, among other things, adequate warnings, instructions and precautions were not given to known and foreseeable users and handlers, including Plaintiff, and the products and materials were expected to and did reach such persons, including Plaintiff, without substantial change in the condition in which they were sold. 51. At all times relevant hereto, the asbestos containing products and materials were used and employed for the purposes for which they were mined, processed and manufactured, designed, fashioned, packaged, inspected, tested, sold and intended to be used, and in a manner foreseeable to the Defendants. 52. The injuries and resulting damages to Plaintiff were caused by the defective, unsafe and dangerous condition of the asbestos products and materials which Defendants distributed, supplied, sold, and otherwise placed in the stream of commerce. 53. As a consequence of the Defendants’ conduct and//or the defective condition of Defendants’ Products, Plaintiff was exposed to and came in contact with Defendants’ Products and inhaled or ingested asbestos dust and fibers resulting from the ordinary and foreseeable use of MID-L-002435-23 07/19/2023 10:32:47 AM Pg 19 of 21 Trans ID: LCV20232117217 Defendants’ Products. Plaintiff has suffered the injuries, expenses and losses, including severe pain and suffering and mental anguish, as alleged in prior counts of this Complaint. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. NINTH COUNT 54. PLAINTIFF SPOUSE reiterates the facts and contentions as set forth above and repeats them herein. 55. PLAINTIFF SPOUSE has suffered loss of consortium, companionship, services, society and support. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. Plaintiffs hereby incorporate by reference all allegations set forth in the Standard Complaint, as amended, previously served upon all parties and filed with Middlesex County Clerk. Additional copies of the Standard Complaint are available upon written request to Plaintiffs’ counsel and a pdf version can be downloaded from the judiciary’s website: https://www.njcourts.gov.attorneys/mcl/middlesex/asbestos.html. MID-L-002435-23 07/19/2023 10:32:47 AM Pg 20 of 21 Trans ID: LCV20232117217 In addition, copies of the Mass Tort Asbestos Manual, General Orders and Standing Orders pertaining to Middlesex County asbestos litigation are available from the judiciary’s website, or from Special Master Agatha N. Dzikiewicz, Esq., Middlesex County Courthouse, 56 Paterson Street, Chambers 204, New Brunswick, New Jersey 08903, Tel: 732-645-4300 ext. 88211, e-mail – Agatha.Dzikiewicz@njcourts.gov. DEMAND FOR TRIAL BY JURY Plaintiffs demand a trial by jury on all issues. DEMAND FOR ANSWERS TO INTERROGATORIES Plaintiffs demand answers to the Standard Interrogatories pursuant to the Asbestos General Order. Said Standard Interrogatory forms may be obtained online at www.njcourtsonline.com. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Erin M. Boyle, Esq. and Joseph J. Mandia, Esq. are hereby designated as trial counsel in this matter. CERTIFICATION PURSUANT TO RULE 4:5-1 I hereby certify that a companion action was filed by Plaintiffs in the Court of Common Pleas of Philadelphia County (May Term 2022, No. 1903) on May 20, 2022, against 84 LUMBER COMPANY; ADVANCE AUTO PARTS, INC.; AMERICAN BILTRITE INC.; BARRETTS MINERALS, INC.; BLOCK DRUG COMPANY INC.; BLOCK DRUG CORPORATION; BRENNTAG NORTH AMERICA; BRENNTAG SPECIALTIES, INC.; CHARLES B. CRYSTAL CO., INC.; CHATTEM, INC.; CRANE CO.; DAP, INC.; DCO LLC F/K/A DANA COMPANIES, LLC; EATON CORPORATION; FLOWSERVE US, INC.; FMC CORPORATION; FORD MOTOR COMPANY; GENUINE PARTS COMPANY; GLAXOSMITHKLINE, LLC; CORPORATION SERVICE COMPANY; GOULDS PUMPS MID-L-002435-23 07/19/2023 10:32:47 AM Pg 21 of 21 Trans ID: LCV20232117217 LLC; GRINNELL LLC; HIMMELL MANAGEMENT CO.; HONEYWELL INTERNATIONAL INC.; MORSE TEC LLC; PFIZER, INC.; PNEOMO ABEX LLC; ROBERTSHAW CONTROLS COMPANY; SPECIA