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FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024
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SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
----------------------------------------------------------------------X
TERENCE WICKHAM; ANTHONY WILLIAMS;
EDWARD WILLIAMS; WILLIE WILLIAMS SR; Index No. _________/2023
BRADLEY WINGATE; HELEN WOODS; LISA YODER;
SUMMONS
MARK ANGE; FABIAN BANUELOS; JASON BAYNE;
MICHAEL BEECHAM; CODY BLAKSTAD; AARON Venue is designated pursuant to
BOURAS; THOMAS BROWN; ROBERT CALLIS; CPLR § 503(a) & (c) in that
PHILLIP CANTORE; JERIMAR CARMONY; EDWARD NEW YORK in this county.
CARPENTER; SHAUN CHAPMAN; KEN COLES;
TERRY CRADDOCK; CHARLES CROSSLAND;
LEONARD DUTZIK; RICHARD FISCHER; RONALD
FISHER; JACOB GASCA; BOBBY HERRICK;
DERRICK HOLMES; GABRIEL HYNES; DAVID
JAMES; ANDREW KIMBALL; RICHARD KLEIN;
SCOTT KONVALIN; RICHARD KOTCH; KEVIN
KOTTWITZ; DANIEL KUHN; WARREN LAMB;
MATTHEW LIVINGSTON; MITCHELL MARTIN;
JUSTIN MATHEWS; GEORGE MATTHEWS; DANTE
MELLA; GARRETT MESSICK; LAWRENCE
MICHALOWSKI; WILLIAM MILLER; KEITH MROZ;
KYLE NADEAU; CHEYNE NIEZGODA; MARK
NOVAK; ANDREW OGLESBY;
Plaintiffs,
-against -
THE 3M COMPANY, f/k/a Minnesota Mining and
Manufacturing Co.;
AGC CHEMICALS AMERICAS INC.;
AMEREX CORPORATION;
ARKEMA INC.;
ARCHROMA U.S. INC.;
BUCKEYE FIRE EQUIPMENT COMPANY;
CHEMDESIGN PRODUCTS INC.;
CHEMGUARD INC.;
CHEMICALS, INC.;
CLARIANT CORPORATION, individually and as
successor in interest to Sandoz Chemical Corporation;
CORTEVA, INC., individually and as successor in interest
to DuPont Chemical Solutions Enterprise;
DEEPWATER CHEMICALS, INC.;
DUPONT DE NEMOURS INC., individually and as
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successor in interest to DuPont Chemical Solutions
Enterprise;
DYNAX CORPORATION;
E. I. DUPONT DE NEMOURS AND COMPANY,
individually and as successor in interest to DuPont
Chemical Solutions Enterprise;
NATION FORD CHEMICAL COMPANY;
THE CHEMOURS COMPANY, individually and as
successor in interest to DuPont Chemical Solutions
Enterprise;
THE CHEMOURS COMPANY FC, LLC, individually and
as successor in interest to DuPont Chemical Solutions
Enterprise;
TYCO FIRE PRODUCTS, LP, individually and as
successor in interest to The Ansul Company;
DOE DEFENDANTS 1-20, fictitious names whose present
identities are unknown;
Defendants.
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To the above-named Defendant:
You are hereby summoned to answer the Complaint in this action, and to serve a copy of
your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance on the Plaintiffs’ attorneys within twenty (20) days after the service of this Summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within thirty (30) days after completion of service where service is made in any other
manner. In case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the Complaint.
Dated: New York, New York
March 13, 2024
Napoli Shkolnik, PLLC
Attorneys for Plaintiff
/s/ Nicholas Mindicino
Nicholas Mindicino, Esq.
360 Lexington Avenue, 11th Floor
New York, New York 10017
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212-397-1000
NMindicino@napolilaw.com
To:
3M COMPANY
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, New Castle, DE 19808
AGC CHEMICALS AMERICAS INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
AMEREX CORPORATION
c/o James M. Proctor II
2900 Highway 280
Suite 300
Birmingham, AL 35223
ARCHROMA U.S. INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
ARKEMA INC.
900 First Avenue
King of Prussia, PA 19406
BUCKEYE FIRE EQUIPMENT COMPANY
c/o A Haon Corporate Agent, Inc.
29225 Chagrin Blvd, Suite 350
Pepper Pike, OH 44122
CHEMDESIGN PRODUCTS INC.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, New Castle, DE, 19808
CHEMGUARD INC.
c/o The Prentice-Hall Corporation System, Inc.
251 Little Falls Drive
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Wilmington, New Castle, DE, 19808
CHEMICALS, INC.
c/o Ashok K. Moza
12321 Hatcherville
Baytown, TX 77520
CLARIANT CORPORATION
c/o Corporation Service Company
8040 Excelsior Drive, Suite 400
Madison, WI 53717
CORTEVA, INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
DEEPWATER CHEMICALS, INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
DUPONT DE NEMOURS INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
DYNAX CORPORATION
c/o Corporate Systems LLC
3500 S. Dupont Highway
Dover, DE 19901
E. I. DUPONT DE NEMOURS AND COMPANY
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
NATION FORD CHEMICAL COMPANY
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c/o John A. Dickson, IV
2300 Bank Street
Fort Mill, SC 29715
THE CHEMOURS COMPANY
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
THE CHEMOURS COMPANY FC, LLC
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
TYCO FIRE PRODUCTS LP
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
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SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
------------------------------------------------------------------------X
TERENCE WICKHAM; ANTHONY WILLIAMS; Index No. _________/2023
EDWARD WILLIAMS; WILLIE WILLIAMS SR;
BRADLEY WINGATE; HELEN WOODS; LISA YODER; COMPLAINT AND DEMAND
FOR JURY TRIAL
MARK ANGE; FABIAN BANUELOS; JASON BAYNE;
MICHAEL BEECHAM; CODY BLAKSTAD; AARON Trial by jury is desired in the
BOURAS; THOMAS BROWN; ROBERT CALLIS; County of New York
PHILLIP CANTORE; JERIMAR CARMONY; EDWARD
CARPENTER; SHAUN CHAPMAN; KEN COLES; Venue is designated pursuant to
TERRY CRADDOCK; CHARLES CROSSLAND; CPLR § 503(a) & (c) in that the
LEONARD DUTZIK; RICHARD FISCHER; RONALD causes of action occurred in this
FISHER; JACOB GASCA; BOBBY HERRICK; county.
DERRICK HOLMES; GABRIEL HYNES; DAVID JAMES;
ANDREW KIMBALL; RICHARD KLEIN; SCOTT
KONVALIN; RICHARD KOTCH; KEVIN KOTTWITZ;
DANIEL KUHN; WARREN LAMB; MATTHEW
LIVINGSTON; MITCHELL MARTIN; JUSTIN
MATHEWS; GEORGE MATTHEWS; DANTE MELLA;
GARRETT MESSICK; LAWRENCE MICHALOWSKI;
WILLIAM MILLER; KEITH MROZ; KYLE NADEAU;
CHEYNE NIEZGODA; MARK NOVAK; ANDREW
OGLESBY;
Plaintiffs,
-against -
THE 3M COMPANY, f/k/a Minnesota Mining and
Manufacturing Co.;
AGC CHEMICALS AMERICAS INC.;
AMEREX CORPORATION;
ARKEMA INC.;
ARCHROMA U.S. INC.;
BUCKEYE FIRE EQUIPMENT COMPANY;
CHEMDESIGN PRODUCTS INC.;
CHEMGUARD INC.;
CHEMICALS, INC.;
CLARIANT CORPORATION, individually and as successor
in interest to Sandoz Chemical Corporation;
CORTEVA, INC., individually and as successor in interest to
DuPont Chemical Solutions Enterprise;
DEEPWATER CHEMICALS, INC.;
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DUPONT DE NEMOURS INC., individually and as
successor in interest to DuPont Chemical Solutions
Enterprise;
DYNAX CORPORATION;
E. I. DUPONT DE NEMOURS AND COMPANY,
individually and as successor in interest to DuPont Chemical
Solutions Enterprise;
NATION FORD CHEMICAL COMPANY;
THE CHEMOURS COMPANY, individually and as
successor in interest to DuPont Chemical Solutions
Enterprise;
THE CHEMOURS COMPANY FC, LLC, individually and
as successor in interest to DuPont Chemical Solutions
Enterprise;
TYCO FIRE PRODUCTS, LP, individually and as successor
in interest to The Ansul Company;
DOE DEFENDANTS 1-20, fictitious names whose present
identities are unknown;
Defendants.
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COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiffs TERENCE WICKHAM, ANTHONY WILLIAMS, EDWARD WILLIAMS,
WILLIE WILLIAMS SR, BRADLEY WINGATE, HELEN WOODS, LISA YODER, MARK
ANGE, FABIAN BANUELOS, JASON BAYNE, MICHAEL BEECHAM, CODY BLAKSTAD,
AARON BOURAS, THOMAS BROWN, ROBERT CALLIS, PHILLIP CANTORE, JERIMAR
CARMONY, EDWARD CARPENTER, SHAUN CHAPMAN, KEN COLES, TERRY
CRADDOCK, CHARLES CROSSLAND, LEONARD DUTZIK, RICHARD FISCHER,
RONALD FISHER, JACOB GASCA, BOBBY HERRICK, DERRICK HOLMES, GABRIEL
HYNES, DAVID JAMES, ANDREW KIMBALL, RICHARD KLEIN, SCOTT KONVALIN,
RICHARD KOTCH, KEVIN KOTTWITZ, DANIEL KUHN, WARREN LAMB, MATTHEW
LIVINGSTON, MITCHELL MARTIN, JUSTIN MATHEWS, GEORGE MATTHEWS, DANTE
MELLA, GARRETT MESSICK, LAWRENCE MICHALOWSKI, WILLIAM MILLER, KEITH
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MROZ, KYLE NADEAU, CHEYNE NIEZGODA, MARK NOVAK, and ANDREW OGLESBY,
(“Plaintiffs”), by and through the undersigned counsel, hereby files this Complaint against
Defendants, 3M COMPANY, f/k/a Minnesota Mining and Manufacturing Co., AGC
CHEMICALS AMERICAS INC., AMEREX CORPORATION, ARKEMA INC., ARCHROMA
U.S INC., BUCKEYE FIRE EQUIPMENT COMPANY, CHEMDESIGN PRODUCTS INC.,
CHEMGUARD INC., CHEMICALS, INC., CLARIANT CORPORATION, CORTEVA, INC.,
DEEPWATER CHEMICALS, INC., DUPONT DE NEMOURS INC., DYNAX
CORPORATION, E. I. DUPONT DE NEMOURS AND COMPANY, NATION FORD
CHEMICAL COMPANY, THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC,
LLC, and TYCO FIRE PRODUCTS, LP, and DOE DEFENDANTS 1-20, fictitious names whose
present identifies are unknown (collectively “Defendants”) and alleges, upon information and
belief, as follows:
INTRODUCTION
1. This action arises from the foreseeable contamination of groundwater by the use of
aqueous film-forming foam (“AFFF”) products that contained per- and poly-fluoroalkyl
substances (“PFAS”), including perfluoro octane sulfonate (“PFOS”) and perfluorooctanoic acid
(“PFOA”).
2. PFOS and PFOA are fluorosurfactants that repel oil, grease, and water. PFOS,
PFOA, and/or their chemical precursors, are or were components of AFFF products, which are
firefighting suppressant agents used in training and firefighting activities for fighting Class B fires.
Class B fires include fires involving hydrocarbon fuels such as petroleum or other flammable
liquids.
3. PFOS and PFOA are mobile, persist indefinitely in the environment, bioaccumulate
in individual organisms and humans, and biomagnify up the food chain. PFOS and PFOA are also
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associated with multiple and significant adverse health effects in humans, including but not limited
to kidney cancer, testicular cancer, high cholesterol, thyroid disease, ulcerative colitis, and
pregnancy-induced hypertension.
4. At various times from the 1960s through today, Defendants designed,
manufactured, marketed, distributed, and/or sold AFFF products containing PFOS, PFOA, and/or
their chemical precursors, and/or designed, manufactured, marketed, distributed, and/or sold the
fluorosurfactants and/or per fluorinated chemicals (“PFCs”) contained in AFFF (collectively,
“AFFF/Component Products”).
5. Defendants designed, manufactured, marketed, distributed, and/or sold
AFFF/Component Products with the knowledge that these toxic compounds would be released
into the environment during fire protection, training, and response activities, even when used as
directed and intended by Defendants.
6. Since its creation in the 1960s, AFFF designed, manufactured, marketed,
distributed, and/or sold by Defendants, and/or that contained fluorosurfactants and/or PFCs
designed, manufactured, marketed, distributed, and/or sold by Defendants, used as directed and
intended by Defendants, and subsequently released into the environment during fire protection,
training, and response activities, resulting in widespread PFAS contamination.
7. Due to this contamination, Plaintiffs have suffered real personal injuries,
bioaccumulation of PFAS in their bodies, property damage and the diminution in value of their
properties as a result of the release of PFAS to their water supplies.
8. Plaintiffs have suffered an assortment of diseases and medical conditions as a direct
result of their exposure to the PFAS contamination of their water supply.
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9. Plaintiffs have been unknowingly exposed to the PFAS through contamination of
their drinking water supply for many years at concentrations hazardous to their health.
10. Plaintiffs’ unwitting exposure to PFAS in their water supply as a result of the
Defendants’ conduct, is the direct and proximate cause of Plaintiffs’ injuries.
11. Plaintiffs’ property has been damaged as a result of the presence of the PFAS in
their water supply.
12. Plaintiffs seek recovery from Defendants for injuries, damages, and losses suffered
by the Plaintiffs as a result of exposure to the introduction of PFAS and other toxic substance into
their water supply, and then into their properties and bodies, in an amount to be determined at trial,
exclusive of interest, costs, and attorneys’ fees.
JURISDICTION AND VENUE
13. This Court has jurisdiction because Defendant Dynax Corporation’s principal place
of business is located at 103 Fairview Park Drive, Elmsford, New York 10523.
14. Venue is proper in this District under CPLR §503 (a) because the events, omissions
and harms that are the basis of Plaintiffs claims occurred in substantial part in this District.
15. This Court has personal jurisdiction over Defendants by virtue of each Defendants’
regular and systematic contacts with New York, including, among other things, purposefully
marketing, selling and/or distributing their AFFF/Component Products to and within New York,
and because they have the requisite minimum contacts with New York necessary to
constitutionally permit the Court to exercise jurisdiction over them consistent with traditional
notions of fair play and substantial justice.
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PARTIES
A. Plaintiffs
16. Terence Wickham resides at 751 S. 33rd Avenue, Columbus NE 68601. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Kidney Cancer.
17. Anthony Williams resides at 3619 Lochearn Drive, Baltimore MD 21207. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Kidney Cancer.
18. Edward Williams resides at 909 South 60th Street, Philadelphia PA 19143. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Kidney Cancer.
19. Willie Williams Sr resides at 111 Clyde McGrady Dr, AMERICUS GA 31719.
Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing
elevated levels of PFAS which upon information and belief was caused by use and misuse of
AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination
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caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and
proximate result of Plaintiff has suffered from injuries including Kidney Cancer.
20. Bradley Wingate resides at 954 Eva Ave, Akron OH 44306. Plaintiff was exposed
to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS
which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been
exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including
at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has
suffered from injuries including Kidney Cancer.
21. Helen Woods resides at 4566 Limekin Cir, Las Vegas NV 89115. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Kidney Cancer.
22. Lisa Yoder resides at 61955 County Road 7, Elkhart IN 46517. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Kidney Cancer.
23. Mark Ange resides at 20 St James Dr, Webster NY 14580. Plaintiff was exposed to
PFAS through daily activity and regularly consumed water containing elevated levels of PFAS
which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been
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exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including
at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has
suffered from injuries including Testicular Cancer.
24. Fabian Banuelos resides at 911 S Belmont Dr., Visalia CA 93292. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
25. Jason Bayne resides at 16070 Airlie Rd, Monmouth OR 97361. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
26. Michael Beecham resides at 5448 W Crystal St, Chicago IL 60651. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
27. Cody Blakstad resides at 1062 Twincrest Ave, North Las Vegas NV 89032.
Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing
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elevated levels of PFAS which upon information and belief was caused by use and misuse of
AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination
caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and
proximate result of Plaintiff has suffered from injuries including Testicular Cancer.
28. Aaron Bouras resides at 187 Ivanhoe Ave, Cincinnati OH 45233. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
29. Thomas Brown resides at 2203 Lindbergh Blvd, Springfield IL 62704. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
30. Robert Callis resides at 108 E Maple Ct Apt 1, Clarksville IN 47129. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
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31. Phillip Cantore resides at 25 SE 2nd Avenue, Miami FL 33131. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
32. Jerimar Carmony resides at 310 Midway Circle, Midway TN 37809. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
33. Edward Carpenter resides at 67 Lake Henry Drive, Lake Placid FL 33852. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Testicular Cancer.
34. Shaun Chapman resides at 593 SW TEXAS LN, Fort White FL 32038. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
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by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Testicular Cancer.
35. Ken Coles resides at 519 Bay Point Dr, Gallatin TN 37066. Plaintiff was exposed
to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS
which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been
exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including
at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has
suffered from injuries including Testicular Cancer.
36. Terry Craddock resides at 632 Cottonwood St, Dublin TX 76446. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
37. Charles Crossland resides at 3309 State Hwy 176, Rockaway Beach MO 65740.
Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing
elevated levels of PFAS which upon information and belief was caused by use and misuse of
AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination
caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and
proximate result of Plaintiff has suffered from injuries including Testicular Cancer.
38. Leonard Dutzik resides at 10454 Sky Gate St, Las Vegas NV 89178. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
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been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
39. Richard Fischer resides at 108 E TERRY ST, CENTERVILLE IA 52544. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Testicular Cancer.
40. Ronald Fisher resides at 24 Alcatnie Drive, Weaverville NC 28787. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
41. Jacob Gasca resides in Alcalde NM 87511. Plaintiff was exposed to PFAS through
daily activity and regularly consumed water containing elevated levels of PFAS which upon
information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for
many years to PFAS as a result of the PFAS contamination caused by AFFF, including at
concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has
suffered from injuries including Testicular Cancer.
42. Bobby Herrick resides at 129 Joaquin Dr., Houma LA 70363. Plaintiff was exposed
to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS
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which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been
exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including
at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has
suffered from injuries including Testicular Cancer.
43. Derrick Holmes resides at 229 Point of Woods Dr, ALBANY NY 12203. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Testicular Cancer.
44. Gabriel Hynes resides at 26671 Las Ondas Dr, Mission Viejo CA 92692. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Testicular Cancer.
45. David James resides at 25547 Charlie Conerly Rd, Mount Hermon LA 70450.
Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing
elevated levels of PFAS which upon information and belief was caused by use and misuse of
AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination
caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and
proximate result of Plaintiff has suffered from injuries including Testicular Cancer.
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46. Andrew Kimball resides at 820 New Waterford Dr., Naples FL 34104. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
47. Richard Klein resides at 6518 Enclave, Clarkston MI 48348. Plaintiff was exposed
to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS
which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been
exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including
at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has
suffered from injuries including Thyroid Cancer.
48. Scott Konvalin resides at 31648 272nd St, Winner SD 57580. Plaintiff was exposed
to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS
which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been
exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including
at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has
suffered from injuries including Testicular Cancer.
49. Richard Kotch resides at 7608 Sand Pierre Ct, Kissimmee FL 34747. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
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including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
50. Kevin Kottwitz resides at 6689 Woodland Ln, THREE LAKES WI 54562. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was caused by use and misuse of AFFF.
Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused
by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate
result of Plaintiff has suffered from injuries including Testicular Cancer.
51. Daniel Kuhn resides at 3834 NE 123rd St., Seattle WA 98125. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
52. Warren Lamb resides at 101 Willow St., New Bedford MA 2740. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
53. Matthew Livingston resides at 274 Stetson Rd, SELAH WA 98942. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
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been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
54. Mitchell Martin resides at 532 Cool Creek Dr, Rock Hill SC 29732. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
55. Justin Mathews resides at 4712 Casitas Way, Las Vegas NV 89122. Plaintiff was
exposed to PFAS through daily activity and regularly consumed water containing elevated levels
of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has
been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF,
including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of
Plaintiff has suffered from injuries including Testicular Cancer.
56. George Matthews resides at 3803 Ludwick Ln, Greensboro NC 27405. Plaintiff
was exposed to PFAS through daily activity and regularly consumed water containing elevated
levels of PFAS which upon information and belief was cau
Preview
FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY ----------------------------------------------------------------------X TERENCE WICKHAM; ANTHONY WILLIAMS; EDWARD WILLIAMS; WILLIE WILLIAMS SR; Index No. _________/2023 BRADLEY WINGATE; HELEN WOODS; LISA YODER; SUMMONS MARK ANGE; FABIAN BANUELOS; JASON BAYNE; MICHAEL BEECHAM; CODY BLAKSTAD; AARON Venue is designated pursuant to BOURAS; THOMAS BROWN; ROBERT CALLIS; CPLR § 503(a) & (c) in that PHILLIP CANTORE; JERIMAR CARMONY; EDWARD NEW YORK in this county. CARPENTER; SHAUN CHAPMAN; KEN COLES; TERRY CRADDOCK; CHARLES CROSSLAND; LEONARD DUTZIK; RICHARD FISCHER; RONALD FISHER; JACOB GASCA; BOBBY HERRICK; DERRICK HOLMES; GABRIEL HYNES; DAVID JAMES; ANDREW KIMBALL; RICHARD KLEIN; SCOTT KONVALIN; RICHARD KOTCH; KEVIN KOTTWITZ; DANIEL KUHN; WARREN LAMB; MATTHEW LIVINGSTON; MITCHELL MARTIN; JUSTIN MATHEWS; GEORGE MATTHEWS; DANTE MELLA; GARRETT MESSICK; LAWRENCE MICHALOWSKI; WILLIAM MILLER; KEITH MROZ; KYLE NADEAU; CHEYNE NIEZGODA; MARK NOVAK; ANDREW OGLESBY; Plaintiffs, -against - THE 3M COMPANY, f/k/a Minnesota Mining and Manufacturing Co.; AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARKEMA INC.; ARCHROMA U.S. INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS, INC.; CLARIANT CORPORATION, individually and as successor in interest to Sandoz Chemical Corporation; CORTEVA, INC., individually and as successor in interest to DuPont Chemical Solutions Enterprise; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC., individually and as 1 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 successor in interest to DuPont Chemical Solutions Enterprise; DYNAX CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY, individually and as successor in interest to DuPont Chemical Solutions Enterprise; NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY, individually and as successor in interest to DuPont Chemical Solutions Enterprise; THE CHEMOURS COMPANY FC, LLC, individually and as successor in interest to DuPont Chemical Solutions Enterprise; TYCO FIRE PRODUCTS, LP, individually and as successor in interest to The Ansul Company; DOE DEFENDANTS 1-20, fictitious names whose present identities are unknown; Defendants. ----------------------------------------------------------------------X To the above-named Defendant: You are hereby summoned to answer the Complaint in this action, and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the Plaintiffs’ attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: New York, New York March 13, 2024 Napoli Shkolnik, PLLC Attorneys for Plaintiff /s/ Nicholas Mindicino Nicholas Mindicino, Esq. 360 Lexington Avenue, 11th Floor New York, New York 10017 2 2 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 212-397-1000 NMindicino@napolilaw.com To: 3M COMPANY c/o Corporation Service Company 251 Little Falls Drive Wilmington, New Castle, DE 19808 AGC CHEMICALS AMERICAS INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 AMEREX CORPORATION c/o James M. Proctor II 2900 Highway 280 Suite 300 Birmingham, AL 35223 ARCHROMA U.S. INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 ARKEMA INC. 900 First Avenue King of Prussia, PA 19406 BUCKEYE FIRE EQUIPMENT COMPANY c/o A Haon Corporate Agent, Inc. 29225 Chagrin Blvd, Suite 350 Pepper Pike, OH 44122 CHEMDESIGN PRODUCTS INC. c/o Corporation Service Company 251 Little Falls Drive Wilmington, New Castle, DE, 19808 CHEMGUARD INC. c/o The Prentice-Hall Corporation System, Inc. 251 Little Falls Drive 3 3 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 Wilmington, New Castle, DE, 19808 CHEMICALS, INC. c/o Ashok K. Moza 12321 Hatcherville Baytown, TX 77520 CLARIANT CORPORATION c/o Corporation Service Company 8040 Excelsior Drive, Suite 400 Madison, WI 53717 CORTEVA, INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 DEEPWATER CHEMICALS, INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 DUPONT DE NEMOURS INC. c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 DYNAX CORPORATION c/o Corporate Systems LLC 3500 S. Dupont Highway Dover, DE 19901 E. I. DUPONT DE NEMOURS AND COMPANY c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 NATION FORD CHEMICAL COMPANY 4 4 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 c/o John A. Dickson, IV 2300 Bank Street Fort Mill, SC 29715 THE CHEMOURS COMPANY c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 THE CHEMOURS COMPANY FC, LLC c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 TYCO FIRE PRODUCTS LP c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 5 5 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY ------------------------------------------------------------------------X TERENCE WICKHAM; ANTHONY WILLIAMS; Index No. _________/2023 EDWARD WILLIAMS; WILLIE WILLIAMS SR; BRADLEY WINGATE; HELEN WOODS; LISA YODER; COMPLAINT AND DEMAND FOR JURY TRIAL MARK ANGE; FABIAN BANUELOS; JASON BAYNE; MICHAEL BEECHAM; CODY BLAKSTAD; AARON Trial by jury is desired in the BOURAS; THOMAS BROWN; ROBERT CALLIS; County of New York PHILLIP CANTORE; JERIMAR CARMONY; EDWARD CARPENTER; SHAUN CHAPMAN; KEN COLES; Venue is designated pursuant to TERRY CRADDOCK; CHARLES CROSSLAND; CPLR § 503(a) & (c) in that the LEONARD DUTZIK; RICHARD FISCHER; RONALD causes of action occurred in this FISHER; JACOB GASCA; BOBBY HERRICK; county. DERRICK HOLMES; GABRIEL HYNES; DAVID JAMES; ANDREW KIMBALL; RICHARD KLEIN; SCOTT KONVALIN; RICHARD KOTCH; KEVIN KOTTWITZ; DANIEL KUHN; WARREN LAMB; MATTHEW LIVINGSTON; MITCHELL MARTIN; JUSTIN MATHEWS; GEORGE MATTHEWS; DANTE MELLA; GARRETT MESSICK; LAWRENCE MICHALOWSKI; WILLIAM MILLER; KEITH MROZ; KYLE NADEAU; CHEYNE NIEZGODA; MARK NOVAK; ANDREW OGLESBY; Plaintiffs, -against - THE 3M COMPANY, f/k/a Minnesota Mining and Manufacturing Co.; AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARKEMA INC.; ARCHROMA U.S. INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS, INC.; CLARIANT CORPORATION, individually and as successor in interest to Sandoz Chemical Corporation; CORTEVA, INC., individually and as successor in interest to DuPont Chemical Solutions Enterprise; DEEPWATER CHEMICALS, INC.; 6 6 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 DUPONT DE NEMOURS INC., individually and as successor in interest to DuPont Chemical Solutions Enterprise; DYNAX CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY, individually and as successor in interest to DuPont Chemical Solutions Enterprise; NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY, individually and as successor in interest to DuPont Chemical Solutions Enterprise; THE CHEMOURS COMPANY FC, LLC, individually and as successor in interest to DuPont Chemical Solutions Enterprise; TYCO FIRE PRODUCTS, LP, individually and as successor in interest to The Ansul Company; DOE DEFENDANTS 1-20, fictitious names whose present identities are unknown; Defendants. ------------------------------------------------------------------------X COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiffs TERENCE WICKHAM, ANTHONY WILLIAMS, EDWARD WILLIAMS, WILLIE WILLIAMS SR, BRADLEY WINGATE, HELEN WOODS, LISA YODER, MARK ANGE, FABIAN BANUELOS, JASON BAYNE, MICHAEL BEECHAM, CODY BLAKSTAD, AARON BOURAS, THOMAS BROWN, ROBERT CALLIS, PHILLIP CANTORE, JERIMAR CARMONY, EDWARD CARPENTER, SHAUN CHAPMAN, KEN COLES, TERRY CRADDOCK, CHARLES CROSSLAND, LEONARD DUTZIK, RICHARD FISCHER, RONALD FISHER, JACOB GASCA, BOBBY HERRICK, DERRICK HOLMES, GABRIEL HYNES, DAVID JAMES, ANDREW KIMBALL, RICHARD KLEIN, SCOTT KONVALIN, RICHARD KOTCH, KEVIN KOTTWITZ, DANIEL KUHN, WARREN LAMB, MATTHEW LIVINGSTON, MITCHELL MARTIN, JUSTIN MATHEWS, GEORGE MATTHEWS, DANTE MELLA, GARRETT MESSICK, LAWRENCE MICHALOWSKI, WILLIAM MILLER, KEITH 7 7 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 MROZ, KYLE NADEAU, CHEYNE NIEZGODA, MARK NOVAK, and ANDREW OGLESBY, (“Plaintiffs”), by and through the undersigned counsel, hereby files this Complaint against Defendants, 3M COMPANY, f/k/a Minnesota Mining and Manufacturing Co., AGC CHEMICALS AMERICAS INC., AMEREX CORPORATION, ARKEMA INC., ARCHROMA U.S INC., BUCKEYE FIRE EQUIPMENT COMPANY, CHEMDESIGN PRODUCTS INC., CHEMGUARD INC., CHEMICALS, INC., CLARIANT CORPORATION, CORTEVA, INC., DEEPWATER CHEMICALS, INC., DUPONT DE NEMOURS INC., DYNAX CORPORATION, E. I. DUPONT DE NEMOURS AND COMPANY, NATION FORD CHEMICAL COMPANY, THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, and TYCO FIRE PRODUCTS, LP, and DOE DEFENDANTS 1-20, fictitious names whose present identifies are unknown (collectively “Defendants”) and alleges, upon information and belief, as follows: INTRODUCTION 1. This action arises from the foreseeable contamination of groundwater by the use of aqueous film-forming foam (“AFFF”) products that contained per- and poly-fluoroalkyl substances (“PFAS”), including perfluoro octane sulfonate (“PFOS”) and perfluorooctanoic acid (“PFOA”). 2. PFOS and PFOA are fluorosurfactants that repel oil, grease, and water. PFOS, PFOA, and/or their chemical precursors, are or were components of AFFF products, which are firefighting suppressant agents used in training and firefighting activities for fighting Class B fires. Class B fires include fires involving hydrocarbon fuels such as petroleum or other flammable liquids. 3. PFOS and PFOA are mobile, persist indefinitely in the environment, bioaccumulate in individual organisms and humans, and biomagnify up the food chain. PFOS and PFOA are also 8 8 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 associated with multiple and significant adverse health effects in humans, including but not limited to kidney cancer, testicular cancer, high cholesterol, thyroid disease, ulcerative colitis, and pregnancy-induced hypertension. 4. At various times from the 1960s through today, Defendants designed, manufactured, marketed, distributed, and/or sold AFFF products containing PFOS, PFOA, and/or their chemical precursors, and/or designed, manufactured, marketed, distributed, and/or sold the fluorosurfactants and/or per fluorinated chemicals (“PFCs”) contained in AFFF (collectively, “AFFF/Component Products”). 5. Defendants designed, manufactured, marketed, distributed, and/or sold AFFF/Component Products with the knowledge that these toxic compounds would be released into the environment during fire protection, training, and response activities, even when used as directed and intended by Defendants. 6. Since its creation in the 1960s, AFFF designed, manufactured, marketed, distributed, and/or sold by Defendants, and/or that contained fluorosurfactants and/or PFCs designed, manufactured, marketed, distributed, and/or sold by Defendants, used as directed and intended by Defendants, and subsequently released into the environment during fire protection, training, and response activities, resulting in widespread PFAS contamination. 7. Due to this contamination, Plaintiffs have suffered real personal injuries, bioaccumulation of PFAS in their bodies, property damage and the diminution in value of their properties as a result of the release of PFAS to their water supplies. 8. Plaintiffs have suffered an assortment of diseases and medical conditions as a direct result of their exposure to the PFAS contamination of their water supply. 9 9 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 9. Plaintiffs have been unknowingly exposed to the PFAS through contamination of their drinking water supply for many years at concentrations hazardous to their health. 10. Plaintiffs’ unwitting exposure to PFAS in their water supply as a result of the Defendants’ conduct, is the direct and proximate cause of Plaintiffs’ injuries. 11. Plaintiffs’ property has been damaged as a result of the presence of the PFAS in their water supply. 12. Plaintiffs seek recovery from Defendants for injuries, damages, and losses suffered by the Plaintiffs as a result of exposure to the introduction of PFAS and other toxic substance into their water supply, and then into their properties and bodies, in an amount to be determined at trial, exclusive of interest, costs, and attorneys’ fees. JURISDICTION AND VENUE 13. This Court has jurisdiction because Defendant Dynax Corporation’s principal place of business is located at 103 Fairview Park Drive, Elmsford, New York 10523. 14. Venue is proper in this District under CPLR §503 (a) because the events, omissions and harms that are the basis of Plaintiffs claims occurred in substantial part in this District. 15. This Court has personal jurisdiction over Defendants by virtue of each Defendants’ regular and systematic contacts with New York, including, among other things, purposefully marketing, selling and/or distributing their AFFF/Component Products to and within New York, and because they have the requisite minimum contacts with New York necessary to constitutionally permit the Court to exercise jurisdiction over them consistent with traditional notions of fair play and substantial justice. 10 10 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 PARTIES A. Plaintiffs 16. Terence Wickham resides at 751 S. 33rd Avenue, Columbus NE 68601. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Kidney Cancer. 17. Anthony Williams resides at 3619 Lochearn Drive, Baltimore MD 21207. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Kidney Cancer. 18. Edward Williams resides at 909 South 60th Street, Philadelphia PA 19143. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Kidney Cancer. 19. Willie Williams Sr resides at 111 Clyde McGrady Dr, AMERICUS GA 31719. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination 11 11 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Kidney Cancer. 20. Bradley Wingate resides at 954 Eva Ave, Akron OH 44306. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Kidney Cancer. 21. Helen Woods resides at 4566 Limekin Cir, Las Vegas NV 89115. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Kidney Cancer. 22. Lisa Yoder resides at 61955 County Road 7, Elkhart IN 46517. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Kidney Cancer. 23. Mark Ange resides at 20 St James Dr, Webster NY 14580. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been 12 12 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 24. Fabian Banuelos resides at 911 S Belmont Dr., Visalia CA 93292. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 25. Jason Bayne resides at 16070 Airlie Rd, Monmouth OR 97361. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 26. Michael Beecham resides at 5448 W Crystal St, Chicago IL 60651. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 27. Cody Blakstad resides at 1062 Twincrest Ave, North Las Vegas NV 89032. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing 13 13 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 28. Aaron Bouras resides at 187 Ivanhoe Ave, Cincinnati OH 45233. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 29. Thomas Brown resides at 2203 Lindbergh Blvd, Springfield IL 62704. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 30. Robert Callis resides at 108 E Maple Ct Apt 1, Clarksville IN 47129. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 14 14 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 31. Phillip Cantore resides at 25 SE 2nd Avenue, Miami FL 33131. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 32. Jerimar Carmony resides at 310 Midway Circle, Midway TN 37809. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 33. Edward Carpenter resides at 67 Lake Henry Drive, Lake Placid FL 33852. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 34. Shaun Chapman resides at 593 SW TEXAS LN, Fort White FL 32038. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused 15 15 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 35. Ken Coles resides at 519 Bay Point Dr, Gallatin TN 37066. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 36. Terry Craddock resides at 632 Cottonwood St, Dublin TX 76446. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 37. Charles Crossland resides at 3309 State Hwy 176, Rockaway Beach MO 65740. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 38. Leonard Dutzik resides at 10454 Sky Gate St, Las Vegas NV 89178. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has 16 16 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 39. Richard Fischer resides at 108 E TERRY ST, CENTERVILLE IA 52544. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 40. Ronald Fisher resides at 24 Alcatnie Drive, Weaverville NC 28787. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 41. Jacob Gasca resides in Alcalde NM 87511. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 42. Bobby Herrick resides at 129 Joaquin Dr., Houma LA 70363. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS 17 17 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 43. Derrick Holmes resides at 229 Point of Woods Dr, ALBANY NY 12203. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 44. Gabriel Hynes resides at 26671 Las Ondas Dr, Mission Viejo CA 92692. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 45. David James resides at 25547 Charlie Conerly Rd, Mount Hermon LA 70450. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 18 18 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 46. Andrew Kimball resides at 820 New Waterford Dr., Naples FL 34104. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 47. Richard Klein resides at 6518 Enclave, Clarkston MI 48348. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Thyroid Cancer. 48. Scott Konvalin resides at 31648 272nd St, Winner SD 57580. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 49. Richard Kotch resides at 7608 Sand Pierre Ct, Kissimmee FL 34747. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, 19 19 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 50. Kevin Kottwitz resides at 6689 Woodland Ln, THREE LAKES WI 54562. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 51. Daniel Kuhn resides at 3834 NE 123rd St., Seattle WA 98125. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 52. Warren Lamb resides at 101 Willow St., New Bedford MA 2740. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 53. Matthew Livingston resides at 274 Stetson Rd, SELAH WA 98942. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has 20 20 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 04:59 PM INDEX NO. 152326/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 54. Mitchell Martin resides at 532 Cool Creek Dr, Rock Hill SC 29732. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 55. Justin Mathews resides at 4712 Casitas Way, Las Vegas NV 89122. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was caused by use and misuse of AFFF. Plaintiff has been exposed for many years to PFAS as a result of the PFAS contamination caused by AFFF, including at concentrations hazardous to Plaintiff's health. As a direct and proximate result of Plaintiff has suffered from injuries including Testicular Cancer. 56. George Matthews resides at 3803 Ludwick Ln, Greensboro NC 27405. Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS which upon information and belief was cau