Preview
FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
----------------------------------------------------------------------X
BECKY BOGGS; JANE COX; DAVID HARRIS;
MARLENA HINDS; JERRY HUBBARD; DAVIS KIEFF; Index No. _________/2023
BRIAN LAUTERBACH; DARRELL NELSEN; JOSEPH
SUMMONS
OBERT; ENRIQUE SARDINA; DONALD SEALY; DAN
SPENCER; DEBRA STEWART; MARY SZYKOWNY; Venue is designated pursuant to
CONNIE L TAYLOR; TONY YATES; BRETT CPLR § 503(a) & (c) in that
CARLSON; BEVERLY DUBOSECLARK; DEBRA NEW YORK in this county.
LEWALLEN; KIM SCHULTZ; DANUTA GOFFREDO;
JANNISE LAZARUS; ZEJNIJE MEHMETI; MARINILDE
BOSONAC; BILLY ASHLEY; JIM AXFORD; JAMES
BEERMAN; JOHN BENCHOFF; TINA BURESH; CRAIG
CASO; JEFFREY CLARK; MARY CLARK; TIMOTHY
COCKAYNE; WILLIAM COOPER; RUSSELL DEHART;
MELANIE DOUGHERTY; JOY DRAKE; THOMAS
ESPINOZA; ELIZABETH FARMER; RICHARD
FITZPATRICK; RICHARD FORTUNE; SHAWN
FRANCIS; MICHAEL GAMBARDELLA; MARIA
GONZALEZ; KIMBERLEY GRANT; HOYT
GUNDERSON; MICHAEL GUTIERREZ; RICKY
HAMBY; KEVIN HARDING; RANDALL HARPER;
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
BECKY BOGGS; JANE COX; DAVID HARRIS; Index No. _________/2023
MARLENA HINDS; JERRY HUBBARD; DAVIS KIEFF;
BRIAN LAUTERBACH; DARRELL NELSEN; JOSEPH COMPLAINT AND DEMAND
FOR JURY TRIAL
OBERT; ENRIQUE SARDINA; DONALD SEALY; DAN
SPENCER; DEBRA STEWART; MARY SZYKOWNY; Trial by jury is desired in the
CONNIE L TAYLOR; TONY YATES; BRETT CARLSON; County of New York
BEVERLY DUBOSECLARK; DEBRA LEWALLEN; KIM
SCHULTZ; DANUTA GOFFREDO; JANNISE LAZARUS; Venue is designated pursuant to
ZEJNIJE MEHMETI; MARINILDE BOSONAC; BILLY CPLR § 503(a) & (c) in that the
ASHLEY; JIM AXFORD; JAMES BEERMAN; JOHN causes of action occurred in this
BENCHOFF; TINA BURESH; CRAIG CASO; JEFFREY county.
CLARK; MARY CLARK; TIMOTHY COCKAYNE;
WILLIAM COOPER; RUSSELL DEHART; MELANIE
DOUGHERTY; JOY DRAKE; THOMAS ESPINOZA;
ELIZABETH FARMER; RICHARD FITZPATRICK;
RICHARD FORTUNE; SHAWN FRANCIS; MICHAEL
GAMBARDELLA; MARIA GONZALEZ; KIMBERLEY
GRANT; HOYT GUNDERSON; MICHAEL GUTIERREZ;
RICKY HAMBY; KEVIN HARDING; RANDALL
HARPER;
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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COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiffs BECKY BOGGS, JANE COX, DAVID HARRIS, MARLENA HINDS, JERRY
HUBBARD, DAVIS KIEFF, BRIAN LAUTERBACH, DARRELL NELSEN, JOSEPH OBERT,
ENRIQUE SARDINA, DONALD SEALY, DAN SPENCER, DEBRA STEWART, MARY
SZYKOWNY, CONNIE L TAYLOR, TONY YATES, BRETT CARLSON, BEVERLY
DUBOSECLARK, DEBRA LEWALLEN, KIM SCHULTZ, DANUTA GOFFREDO, JANNISE
LAZARUS, ZEJNIJE MEHMETI, MARINILDE BOSONAC, BILLY ASHLEY, JIM AXFORD,
JAMES BEERMAN, JOHN BENCHOFF, TINA BURESH, CRAIG CASO, JEFFREY CLARK,
MARY CLARKTIMOTHY COCKAYNE, WILLIAM COOPERRUSSELL DEHART,
MELANIE DOUGHERTY, JOY DRAKE, THOMAS ESPINOZA, ELIZABETH FARMER,
RICHARD FITZPATRICK, RICHARD FORTUNE, SHAWN FRANCIS, MICHAEL
GAMBARDELLA, MARIA GONZALEZ, KIMBERLEY GRANT, HOYT GUNDERSON,
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MICHAEL GUTIERREZ, RICKY HAMBY, KEVIN HARDING, AND RANDALL HARPER,
(“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. Becky Boggs resides at 2131 RIDGE RD S, LARGO FL 33778. 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. Jane Cox resides at 75 Houston Ave, Milton MA 2186. 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. David Harris resides at 3636 salary st, MONTGOMERY AL 36110. 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. Marlena Hinds resides at 12916 Franklin Square Road, Charlotte NC 28213.
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. Jerry Hubbard resides at 1507 Redford Drive, Ft Washington MD 20744. 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. Davis Kieff resides at 242 W 23rd Street, Larose LA 70373. 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. Brian Lauterbach resides at 67894 E. Hwy. 26, Welches OR 97067. 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. Darrell Nelsen resides at 11823 Westfield Cir, Omaha NE 68144.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 Kidney Cancer.
24. Joseph Obert resides at 75 Oak St, Plattsburgh NY 12901.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.
25. Enrique Sardina resides at 113 Clairbourne Ave, Satellite Beach FL 32937.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.
26. Donald Sealy resides at 9219 Loading Dock Rd, Sislbee TX 77656 .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.
27. Dan Spencer resides at 6616 N 14th St, Phoenix AZ 85014.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 Kidney Cancer.
28. Debra Stewart resides at 1901 White Rd, Cle Elum WA 98922.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.
29. Mary Szykowny resides at 9564 Captiva Dr, Sylvania OH 43560.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.
30. Connie L Taylor resides at 1553 Whitaker Drive SE #145, SALEM OR
97317.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.
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31. Tony Yates resides at 29 Point of View Arch, Portsmouth VA 23703. 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.
32. Brett Carlson resides at 2704 Sandalwood Ave, Henderson NV 89074.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. Beverly Duboseclark resides at 1315 S MEADOW LN, COLTON CA
92324.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 Disease.
34. Debra Lewallen resides at 1316 Ditney Trail, Pioneer TN 37847.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 Thyroid Disease.
35. Kim Schultz resides at 154 LAKE PINE RD, MOORESVILLE NC 28117.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 Disease.
36. Danuta Goffredo resides at 20 CHESTNUT ST, N ARLINGTON NJ 7031.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 Ulcerative Colitis.
37. Jannise Lazarus resides at 13911 Annas Way, San Antonio TX 78233 .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 Disease and Liver Cancer.
38. Zejnije Mehmeti resides at 602 4th Drive, Ronkonkoma NY 11779. 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 Thyroid Disease.
39. Marinilde Bosonac resides at 1301 Valley Dr, Bristol TN 37620. 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 Disease.
40. Billy Ashley resides in Raleigh MS 39153. 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.
41. Jim Axford resides at 10515 W 148th Terr, Overland Park KS 66221. 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.
42. James Beerman resides at 2270 N State Rd, Ionia MI 48846. 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 Kidney Cancer.
43. John Benchoff resides at 608 Ravenel Ct., The Villages FL 32162.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.
44. Tina Buresh resides at 25204 Longmeadow Dr, Punta Gorda FL 33955 .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.
45. Craig Caso resides at 45 Narberth Way, Toms River NJ 8757.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.
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46. Jeffrey Clark resides at 858 Crab Creek Rd, Gallipolis Ferry WV 25515.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.
47. Mary Clark resides at 405 B Walker St, PIEDMONT AL 36272.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.
48. Timothy Cockayne resides at 204 Park Blvd., West Fargo ND 58078. 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.
49. William Cooper resides at 1944 E Redfield Rd, Tempe AZ 85283 .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 Kidney Cancer.
50. Russell Dehart resides at 2173 Deer Track Trail, Grayling MI 49738. 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.
51. Melanie Dougherty resides at 10429 Summit Ave NE, Rockford MI 49341.
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.
52. Joy Drake resides in North Pole AK 99705. 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.
53. Thomas Espinoza resides at 1178 N 2325 W, Layton UT 84041. 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 Kidney Cancer.
54. Elizabeth Farmer resides at 15525 McDougald Rd, Sanford NC 27332. 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.
55. Richard Fitzpatrick resides at 8807 SE 12th Ave, Portland OR 97202. 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.
56. Richard Fortune resides at 8236 W VICK CT, CRYSTAL RIVER FL 34428.
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 di
Preview
FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY ----------------------------------------------------------------------X BECKY BOGGS; JANE COX; DAVID HARRIS; MARLENA HINDS; JERRY HUBBARD; DAVIS KIEFF; Index No. _________/2023 BRIAN LAUTERBACH; DARRELL NELSEN; JOSEPH SUMMONS OBERT; ENRIQUE SARDINA; DONALD SEALY; DAN SPENCER; DEBRA STEWART; MARY SZYKOWNY; Venue is designated pursuant to CONNIE L TAYLOR; TONY YATES; BRETT CPLR § 503(a) & (c) in that CARLSON; BEVERLY DUBOSECLARK; DEBRA NEW YORK in this county. LEWALLEN; KIM SCHULTZ; DANUTA GOFFREDO; JANNISE LAZARUS; ZEJNIJE MEHMETI; MARINILDE BOSONAC; BILLY ASHLEY; JIM AXFORD; JAMES BEERMAN; JOHN BENCHOFF; TINA BURESH; CRAIG CASO; JEFFREY CLARK; MARY CLARK; TIMOTHY COCKAYNE; WILLIAM COOPER; RUSSELL DEHART; MELANIE DOUGHERTY; JOY DRAKE; THOMAS ESPINOZA; ELIZABETH FARMER; RICHARD FITZPATRICK; RICHARD FORTUNE; SHAWN FRANCIS; MICHAEL GAMBARDELLA; MARIA GONZALEZ; KIMBERLEY GRANT; HOYT GUNDERSON; MICHAEL GUTIERREZ; RICKY HAMBY; KEVIN HARDING; RANDALL HARPER; 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 05:38 PM INDEX NO. 152330/2024 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 05:38 PM INDEX NO. 152330/2024 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 05:38 PM INDEX NO. 152330/2024 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 05:38 PM INDEX NO. 152330/2024 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 05:38 PM INDEX NO. 152330/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY ------------------------------------------------------------------------X BECKY BOGGS; JANE COX; DAVID HARRIS; Index No. _________/2023 MARLENA HINDS; JERRY HUBBARD; DAVIS KIEFF; BRIAN LAUTERBACH; DARRELL NELSEN; JOSEPH COMPLAINT AND DEMAND FOR JURY TRIAL OBERT; ENRIQUE SARDINA; DONALD SEALY; DAN SPENCER; DEBRA STEWART; MARY SZYKOWNY; Trial by jury is desired in the CONNIE L TAYLOR; TONY YATES; BRETT CARLSON; County of New York BEVERLY DUBOSECLARK; DEBRA LEWALLEN; KIM SCHULTZ; DANUTA GOFFREDO; JANNISE LAZARUS; Venue is designated pursuant to ZEJNIJE MEHMETI; MARINILDE BOSONAC; BILLY CPLR § 503(a) & (c) in that the ASHLEY; JIM AXFORD; JAMES BEERMAN; JOHN causes of action occurred in this BENCHOFF; TINA BURESH; CRAIG CASO; JEFFREY county. CLARK; MARY CLARK; TIMOTHY COCKAYNE; WILLIAM COOPER; RUSSELL DEHART; MELANIE DOUGHERTY; JOY DRAKE; THOMAS ESPINOZA; ELIZABETH FARMER; RICHARD FITZPATRICK; RICHARD FORTUNE; SHAWN FRANCIS; MICHAEL GAMBARDELLA; MARIA GONZALEZ; KIMBERLEY GRANT; HOYT GUNDERSON; MICHAEL GUTIERREZ; RICKY HAMBY; KEVIN HARDING; RANDALL HARPER; 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 6 6 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 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 COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiffs BECKY BOGGS, JANE COX, DAVID HARRIS, MARLENA HINDS, JERRY HUBBARD, DAVIS KIEFF, BRIAN LAUTERBACH, DARRELL NELSEN, JOSEPH OBERT, ENRIQUE SARDINA, DONALD SEALY, DAN SPENCER, DEBRA STEWART, MARY SZYKOWNY, CONNIE L TAYLOR, TONY YATES, BRETT CARLSON, BEVERLY DUBOSECLARK, DEBRA LEWALLEN, KIM SCHULTZ, DANUTA GOFFREDO, JANNISE LAZARUS, ZEJNIJE MEHMETI, MARINILDE BOSONAC, BILLY ASHLEY, JIM AXFORD, JAMES BEERMAN, JOHN BENCHOFF, TINA BURESH, CRAIG CASO, JEFFREY CLARK, MARY CLARKTIMOTHY COCKAYNE, WILLIAM COOPERRUSSELL DEHART, MELANIE DOUGHERTY, JOY DRAKE, THOMAS ESPINOZA, ELIZABETH FARMER, RICHARD FITZPATRICK, RICHARD FORTUNE, SHAWN FRANCIS, MICHAEL GAMBARDELLA, MARIA GONZALEZ, KIMBERLEY GRANT, HOYT GUNDERSON, 7 7 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 MICHAEL GUTIERREZ, RICKY HAMBY, KEVIN HARDING, AND RANDALL HARPER, (“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 05:38 PM INDEX NO. 152330/2024 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 05:38 PM INDEX NO. 152330/2024 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 05:38 PM INDEX NO. 152330/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 PARTIES A. Plaintiffs 16. Becky Boggs resides at 2131 RIDGE RD S, LARGO FL 33778. 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. Jane Cox resides at 75 Houston Ave, Milton MA 2186. 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. David Harris resides at 3636 salary st, MONTGOMERY AL 36110. 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. Marlena Hinds resides at 12916 Franklin Square Road, Charlotte NC 28213. 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 05:38 PM INDEX NO. 152330/2024 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. Jerry Hubbard resides at 1507 Redford Drive, Ft Washington MD 20744. 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. Davis Kieff resides at 242 W 23rd Street, Larose LA 70373. 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. Brian Lauterbach resides at 67894 E. Hwy. 26, Welches OR 97067. 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. Darrell Nelsen resides at 11823 Westfield Cir, Omaha NE 68144.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 12 12 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 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 Kidney Cancer. 24. Joseph Obert resides at 75 Oak St, Plattsburgh NY 12901.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. 25. Enrique Sardina resides at 113 Clairbourne Ave, Satellite Beach FL 32937.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. 26. Donald Sealy resides at 9219 Loading Dock Rd, Sislbee TX 77656 .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. 27. Dan Spencer resides at 6616 N 14th St, Phoenix AZ 85014.Plaintiff was exposed to PFAS through daily activity and regularly consumed water containing elevated levels of PFAS 13 13 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 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 Kidney Cancer. 28. Debra Stewart resides at 1901 White Rd, Cle Elum WA 98922.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. 29. Mary Szykowny resides at 9564 Captiva Dr, Sylvania OH 43560.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. 30. Connie L Taylor resides at 1553 Whitaker Drive SE #145, SALEM OR 97317.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. 14 14 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 31. Tony Yates resides at 29 Point of View Arch, Portsmouth VA 23703. 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. 32. Brett Carlson resides at 2704 Sandalwood Ave, Henderson NV 89074.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. Beverly Duboseclark resides at 1315 S MEADOW LN, COLTON CA 92324.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 Disease. 34. Debra Lewallen resides at 1316 Ditney Trail, Pioneer TN 37847.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, 15 15 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 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 Thyroid Disease. 35. Kim Schultz resides at 154 LAKE PINE RD, MOORESVILLE NC 28117.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 Disease. 36. Danuta Goffredo resides at 20 CHESTNUT ST, N ARLINGTON NJ 7031.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 Ulcerative Colitis. 37. Jannise Lazarus resides at 13911 Annas Way, San Antonio TX 78233 .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 Disease and Liver Cancer. 38. Zejnije Mehmeti resides at 602 4th Drive, Ronkonkoma NY 11779. 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 05:38 PM INDEX NO. 152330/2024 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 Thyroid Disease. 39. Marinilde Bosonac resides at 1301 Valley Dr, Bristol TN 37620. 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 Disease. 40. Billy Ashley resides in Raleigh MS 39153. 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. 41. Jim Axford resides at 10515 W 148th Terr, Overland Park KS 66221. 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. 42. James Beerman resides at 2270 N State Rd, Ionia MI 48846. 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 05:38 PM INDEX NO. 152330/2024 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 Kidney Cancer. 43. John Benchoff resides at 608 Ravenel Ct., The Villages FL 32162.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. 44. Tina Buresh resides at 25204 Longmeadow Dr, Punta Gorda FL 33955 .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. 45. Craig Caso resides at 45 Narberth Way, Toms River NJ 8757.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 18 of 64 FILED: NEW YORK COUNTY CLERK 03/13/2024 05:38 PM INDEX NO. 152330/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 46. Jeffrey Clark resides at 858 Crab Creek Rd, Gallipolis Ferry WV 25515.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. 47. Mary Clark resides at 405 B Walker St, PIEDMONT AL 36272.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. 48. Timothy Cockayne resides at 204 Park Blvd., West Fargo ND 58078. 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. 49. William Cooper resides at 1944 E Redfield Rd, Tempe AZ 85283 .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 05:38 PM INDEX NO. 152330/2024 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 Kidney Cancer. 50. Russell Dehart resides at 2173 Deer Track Trail, Grayling MI 49738. 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. 51. Melanie Dougherty resides at 10429 Summit Ave NE, Rockford MI 49341. 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. 52. Joy Drake resides in North Pole AK 99705. 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. 53. Thomas Espinoza resides at 1178 N 2325 W, Layton UT 84041. 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 05:38 PM INDEX NO. 152330/2024 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 Kidney Cancer. 54. Elizabeth Farmer resides at 15525 McDougald Rd, Sanford NC 27332. 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. 55. Richard Fitzpatrick resides at 8807 SE 12th Ave, Portland OR 97202. 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. 56. Richard Fortune resides at 8236 W VICK CT, CRYSTAL RIVER FL 34428. 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 di