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MID-L-003524-24 06/14/2024 3:30:30 PM Pg 1 of 14 Trans ID: LCV20241503184
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Eduardo R. Sotomayor, Esq.
I.D.#: 376142021
Erin M. Boyle, Esq.
ID#: 312672020
220 Lake Drive East, Suite 210
Cherry Hill, NJ 08002
(856) 755-1115
Attorneys for Plaintiffs
DONALD COLE AND LYNDA COLE, h/w SUPERIOR COURT OF NEW
JERSEY LAW DIVISION
Plaintiffs MIDDLESEX COUNTY
vs.
DOCKET NO. L- 24 AS
KELSEY HAYES COMPANY D/B/A TRW;
CIVIL ACTION
THE GOODYEAR TIRE AND RUBBER (ASBESTOS LITIGATION)
COMPANY;
COMPLAINT AND DEMAND
SCHNEIDER ELECTRIC USA, INC. formerly FOR JURY TRIAL
known as Square D Company;
GENERAL ELECTRIC COMPANY;
UNION CARBIDE CORPORATION;
DAP, INC.;
VANDERBILT MINERALS, LLC., f/k/a R.T.
Vanderbilt Co., individually and as successor in interest
to International Talc Company, Inc., Gouverneur Talc
Company, Inc., and International Pulp Company, Inc.;
PARAMOUNT GLOBAL, f/k/a VIACOMCBS
INC., f/k/a CBS Corporation, a Delaware Corporation,
f/k/a/ Viacom inc., successor by merger to CBS
corporation, a Pennsylvania corporation, f/k/a
Westinghouse Electric Corporation;
KOHLER CO.;
GOULDS PUMPS LLC;
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FMC CORPORATION, Individually and as
successor in interest to Northern Pump Company f/k/a
Northern Fire Apparatus Company, Chicago Pump
Company and Peerless Pump Company;
ITT LLC., Individually and as successor to Bell &
Gossett and as successor to Kennedy Valve
Manufacturing Co., Inc.;
REDCO CORPORATION f/k/a CRANE CO.;
GRINNELL LLC;
BALTIMORE ENNIS LAND COMPANY, INC.;
MONSEY PRODUCTS COMPANY f/k/a HENRY
COMPANY;
and JOHN DOE CORPORATIONS, 1-50
Defendants.
Plaintiffs DONALD COLE AND LYNDA COLE, h/w by way of Complaint against the
Defendants named herein, allege as follows:
PARTIES-PLAINTIFFS
1. Plaintiffs DONALD COLE AND LYNDA COLE reside at 159 Airline Road,
Baileyville, ME 04694.
2. Plaintiff LYNDA COLE (also referred to in this Complaint as PLAINTIFF
SPOUSE) is the spouse of Plaintiff DONALD COLE.
3. Donald Cole is 70 years old who was diagnosed with lung cancer in or about June
of 2022. Mr. Cole was exposed to asbestos throughout his occupational history from 1960 through
1998.
Mr. Cole served in the United States Military in the 1960s, stationed at Fort Benning in
Georgia and Aberdeen in Maryland while doing basic training at Fort Dix. During his military
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years, he served as an auto mechanic and was exposed to asbestos while performing repairments
including brakes, gaskets and clutches.
Additionally, Mr. Cole was exposed to asbestos while working at Lakehurst Naval Air
Station in the early 1970s and worked with and around insulated pipes. From the 1960s through
the 1980s, Mr. Cole performed masonry work and worked with and around asbestos containing
products including joint compounds, insulations, pipes, electrical equipment, cement, caulk,
roofing materials, boilers, pumps and valves. From 1983 to 1998, Mr. Cole worked at Georgia
Pacific Paper mill in the State of Maine and was exposed to asbestos by working with and
around asbestos containing products.
4. As a direct and proximate result of the above exposures, Plaintiff DONALD COLE
contracted lung cancer and has suffered, and continues to suffer, from other various diverse injuries
and attendant complications.
5. Plaintiff DONALD COLE was caused to suffer severe, permanent and disabling
personal injury, has expended and will be caused to expend sums of money for medical care and
treatment, therefore, has been prevented and will be prevented from pursuing normal activities and
employment, has experienced and will continue to experience severe pain and suffering and mental
anguish, and has been deprived and will continue to be deprived of ordinary pursuits and
enjoyments of life.
6. Reference herein to “Plaintiff” or “Plaintiffs” is a reference to all the persons set
forth above as is syntactically and contextually correct.
above as is syntactically and contextually correct.
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PARTIES-DEFENDANTS
7. Defendants are corporations organized under the laws of New Jersey and/or various
states of the United States of America that were and are doing business in the State of New Jersey.
The aforementioned Defendants mined, manufactured, sold, produced, distributed, supplied,
and/or marketed raw asbestos, asbestos fibers, and/or asbestos containing products which Plaintiff
used or was exposed to Defendants KELSEY HAYES COMPANY D/B/A TRW;
THE GOODYEAR TIRE AND RUBBER COMPANY; SCHNEIDER ELECTRIC USA,
INC. formerly known as Square D Company; GENERAL ELECTRIC COMPANY;
UNION CARBIDE CORPORATION; DAP, INC.; VANDERBILT MINERALS, LLC., f/k/a
R.T. Vanderbilt Co., individually and as successor in interest to International Talc Company, Inc.,
Gouverneur Talc Company, Inc., and International Pulp Company, Inc.; PARAMOUNT
GLOBAL, f/k/a VIACOMCBS INC., f/k/a CBS Corporation, a Delaware Corporation, f/k/a/
Viacom inc., successor by merger to CBS corporation, a Pennsylvania corporation, f/k/a
Westinghouse Electric Corporation; KOHLER CO.; GOULDS PUMPS LLC; FMC
CORPORATION, Individually and as successor in interest to Northern Pump Company f/k/a
Northern Fire Apparatus Company, Chicago Pump Company and Peerless Pump Company;
ITT LLC., Individually and as successor to Bell & Gossett and as successor to Kennedy Valve
Manufacturing Co., Inc.; REDCO CORPORATION f/k/a CRANE CO.; GRINNELL LLC;
BALTIMORE ENNIS LAND COMPANY, INC.; MONSEY PRODUCTS COMPANY f/k/a
HENRY COMPANY are corporations or other business entities organized under the laws of one
or more states of the United States of America and doing business in New Jersey.
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8. Defendants, JOHN DOE CORPORATIONS, 1-50, are the fictitious names or
corporations, Partnerships, and/or other business entities whose identities are not presently known,
and who are the alter egos of or are otherwise responsible for the conduct of liability of those who
mined, milled, manufactured, sold, supplied, purchased, marketed, installed and/or removed
asbestos-containing products, and/or equipment requiring and/or calling for the use of asbestos
and/or asbestos-containing products, and/or asbestos-containing talc and/or other finished and
unfinished asbestos-containing talc powder products, and/or raw asbestos fiber of various kinds
and grades to which Plaintiff was exposed.
9. The term “Defendants” is used hereafter to refer to all the entities named above.
10. Defendants conduct business in the State of New Jersey, and certain Defendants
reside or maintain their principal offices and/or principal places of business in the State of New
Jersey.
FIRST COUNT
11. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
12. Defendants are and at all times referred to in the Complaint were producers,
manufacturers, suppliers, and/or distributors of raw asbestos, asbestos fiber, and/or asbestos-
containing products including, but not limited to, asbestos containing insulation, gaskets, packing,
and electrical equipment from industrial pumps, valves, motors, boilers and machinery which were
supplied to plaintiff=s employer(s) and/or workplace(s) over a period of years encompassing
plaintiff=s employment.
13. Defendants knew or in the exercise of reasonable care should have known that
plaintiff was continuously working with and exposed to asbestos products containing asbestos,
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asbestos fibers and asbestos dust, which were mined, milled, manufactured, produced, processed,
imported, converted, compounded, supplied, distributed, sold and/or otherwise placed in the
stream of commerce by these defendants for use at plaintiff= place of residence.
14. Defendants named herein have long been in possession of medical and scientific
information which clearly indicated that asbestos, asbestos fibers and asbestos dust are hazardous
to health and inherently dangerous materials.
15. Defendants were careless and negligent in that they:
(a) wrongfully processed, manufactured, packaged, distributed, used,
delivered, and sold to distributors and builders’ asbestos products for use in residences, including
in particular plaintiff=s residence;
(b) failed to provide proper, adequate, correct and appropriate warnings, labels,
advice, cautions, instructions, and information as to the use of and consequences of exposure to
asbestos, its fibers and dusts and failed to use reasonable care as to same;
(c) failed to provide proper and appropriate warnings and cautions to all users
of said asbestos products, fibers and dusts, both known and foreseeable, including plaintiff; and
(d) failed to investigate, impose and comply with reasonable standards and
regulations as to the safe use of and exposure to asbestos, asbestos fibers, and asbestos dust.
16. As a direct and proximate result of the aforementioned acts, omissions, carelessness
and/or negligence on the part of Defendants, Plaintiff DONALD COLE has become ill with an
asbestos-related disease, including lung cancer. Plaintiff has been and will in the future be made
to endure great pain and suffering, both physical and mental in nature; has been and will in the
future be required to expend great sums of money for medical services; has been and will in the
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future be prevented from attending to his regular activities, duties, and responsibilities; and has
been and will in the future be made to suffer severe pecuniary loss.
WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, together with interest thereon, costs of suit, and attorney fees.
SECOND COUNT
17. Plaintiffs reiterate the facts and contentions as set forth above and repeat them
herein.
18. The conditions set forth in the previous paragraphs of the Complaint were
proximately caused by the defendants in that they wrongfully processed, manufactured, packaged,
distributed, used, supplied, delivered, and/or sold to distributors, various asbestos products
containing asbestos fibers, asbestos dust and the like, and failed to render proper, adequate and
correct warnings, advice, instruction, and information, and so acted in a grossly negligent,
malicious, willful and wanton manner, with reckless disregard for the health and welfare of
plaintiff and others similarly situated, and failed to use reasonable care under all of the
circumstances.
19. As a direct and proximate result of the aforementioned acts and/or omissions of a
gross, willful, wanton and malicious nature on the part of the Defendants, Plaintiff DONALD
COLE has become ill with an asbestos-related disease, including lung cancer. Plaintiff has been
and will be in the future be made to endure great pain and suffering, both physical and mental in
nature; has been and will in the future be required to expend great sums of money for medical
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services; has been and will in the future be prevented from attending to his regular activities, duties,
and responsibilities; and has been and will in the future be made to suffer severe pecuniary loss.
WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or
in the alternative for such damages, both compensatory and punitive, as may be permitted pursuant
to the laws of the State of New Jersey, together with interest thereon, costs of suit, and attorney
fees.
THIRD COUNT
20. All previous paragraphs of the Complaint are repeated as if fully set forth herein.
21. At all times relevant hereto, the defendants, as a part of their businesses,
manufactured, processed, fashioned, sold, distributed, supplied, and delivered asbestos and
asbestos products into the stream of commerce in a defective, unsafe and inherently dangerous
condition in that, among other things, adequate warnings, instructions and precautions were not
given to known and foreseeable users and handlers, including Plaintiff, and the products and
materials were expected to and did reach such persons, including Plaintiff, without substantial
change in the condition in which they were sold.
22. At all times relevant hereto, the asbestos products and materials were used and
employed for the purposes for which they were mined, processed and manufactured, designed,
fashioned, packaged, inspected, tested, sold and intended to be used, and in a manner foreseeable
to these Defendants.
23. The injuries and resulting damages to Plaintiff were caused by the defective, unsafe
and dangerous condition of the asbestos products and materials which Defendants distributed,
supplied, sold, and otherwise placed in the stream of commerce
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24. As a direct and proximate result of the aforementioned marketing of defective
products by defendants, thereby imposing strict liability upon these Defendants, Plaintiff
DONALD COLE has become ill with an asbestos-related disease, including lung cancer. Plaintiff
has been and will in the future be made to endure great pain and suffering, both physical and mental
in nature; has been and will in the future be required to expend great sums of money for medical
services; has been and will in the future be prevented from attending to his regular activities, duties,
and responsibilities; and has been and will in the future be made to suffer severe pecuniary loss.
WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, together with interest thereon, costs of suit, and attorney fees.
FOURTH COUNT
25. All previous paragraphs of the Complaint are repeated as if fully set forth herein.
26. Defendants warranted either expressly or impliedly that said asbestos products and
materials were of merchantable quality, fit and safe for the purpose for which they were mined,
processed, manufactured, fashioned, packaged, inspected, tested, distributed, sold, intended and
used.
27. Defendants breached said warranties in that said asbestos products and materials
were not of merchantable quality, fit and safe for the purposes for which they were mined,
processed, manufactured, fashioned, packaged, inspected, tested, distributed, sold, intended and
used in that, among other things, adequate warnings, precautions and instructions were not
provided to users, handlers and persons coming into contact with said products.
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28. As a direct and proximate result of the breach of said warranties, Plaintiff
DONALD COLE has become ill with an asbestos-related disease, including lung cancer. Plaintiff
has been and will in the future be made to endure great pain and suffering, both physical and mental
in nature; has been and will in the future be required to expend great sums of money for medical
services; has been and will in the future be prevented from attending to his regular activities, duties
and responsibilities; and has been and will in the future be made to suffered severe pecuniary loss.
WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, together with interest thereon, costs of suit, and attorney fees.
FIFTH COUNT
29. All previous paragraphs of the Complaint are repeated as if fully set forth herein.
30. Plaintiff was exposed to one or some of a number of substantially similar asbestos-
containing products used in substantially similar fashion during a period or periods of time many
years past.
31. Consequently, through circumstances beyond Plaintiff=s control, it cannot be
determined which specific producer(s), manufacturer(s), supplier(s) and/or distributor(s) of
asbestos-containing products caused Plaintiff=s aforementioned injuries.
32. Defendants are all producers, manufacturers, suppliers and/or distributors of
substantially similar asbestos-containing products and they represent a substantial share of the
relevant market of all producers, manufacturers, suppliers and/or distributors of such asbestos-
containing products to which Plaintiff was exposed.
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WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, together with interest thereon, costs of suit and attorney fees.
SIXTH COUNT
33. All previous paragraphs of the Complaint are repeated as if fully set forth herein.
34. At all times relevant hereto, defendants, owned, possessed, occupied, maintained
and/or supervised the premises on which Plaintiff was working owed Plaintiff and others a duty to
provide proper management, control, maintenance, supervision, repair and general safekeeping of
the premises, including a duty to avoid, remediate and/or warn of hazardous and dangerous
conditions and to provide a safe place for plaintiff to work.
35. The premises on which Plaintiff was working were so negligently and carelessly
maintained as to allow an unsafe, dangerous and hazardous condition, resulting in plaintiff=s
exposure to asbestos fibers and development of asbestos-related disease.
36. Defendants had actual and/or constructive notice of the dangerous and hazardous
condition of property on which plaintiff was working, knew or should have known that such a
dangerous and hazardous condition created a reasonably foreseeable risk of injury to workers and
others in that area through exposure to asbestos, and had sufficient time and opportunity to have
taken measures to protect against plaintiff=s injury.
37. Defendants were under a duty to take reasonable actions to guard against the risk
of injury presented by the aforesaid dangerous and hazardous condition of property but failed and
neglected to act in a reasonable and appropriate manner.
38. Defendants were careless and negligent in that they caused and/or permitted an
unsafe, dangerous and hazardous condition and/or defect to exist on the aforesaid premises, failed
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to properly inspect, maintain, repair and/or warn of a known dangerous and hazardous condition
of property under their ownership, possession or control, and were in other ways careless and
negligent in the maintenance and control of the aforesaid property.
39. As a direct and proximate result of the aforementioned acts, omissions, carelessness
and/or negligence on the part of Defendants, Plaintiff, DONALD COLE became ill from an
asbestos-related disease, including lung cancer. Plaintiff had been made to endure great pain and
suffering, both physical and mental in nature; had been required to expend great sums of money
for medical services; had been prevented from attending to his regular activities, duties and
responsibilities; and had been made to suffered severe pecuniary loss.
WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, together with interest thereon, costs of suit and attorney fees.
SEVENTH COUNT
40. LYNDA COLE reiterates the facts and contentions as set forth above and repeats
them herein.
41. As consequence of the injuries of HER spouse, LYNDA COLE has suffered loss
of advice, guidance, counsel, consortium, companionship, services, society and support.
WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or
in the alternative for such damages as may be permitted pursuant to the laws of the State of New
Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages,
loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees
as provided by law.
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Plaintiffs hereby incorporate by reference all allegations set forth in the Standard
Complaint, as amended, previously served upon all parties and filed with Middlesex County Clerk.
Additional copies of the Standard Complaint are available upon written request to Plaintiffs’
counsel and a pdf version can be downloaded from the judiciary’s website:
https://www.njcourts.gov.attorneys/mcl/middlesex/asbestos.html.
In addition, copies of the Mass Tort Asbestos Manual, General Orders and Standing Orders
pertaining to Middlesex County asbestos litigation are available from the judiciary’s website, or
from Special Master Agatha N. Dzikiewicz, Esq., Middlesex County Courthouse, 56 Paterson
Street, Chambers 204, New Brunswick, New Jersey 08903, Tel: 732-645-4300 ext. 88211, e-mail
– Agatha.Dzikiewicz@njcourts.gov.
DEMAND FOR TRIAL BY JURY
Plaintiffs demand a trial by jury on all issues.
DEMAND FOR ANSWERS TO INTERROGATORIES
Plaintiffs demand answers to the Standard Interrogatories pursuant to the Asbestos General
Order. Said Standard Interrogatory forms may be obtained online at www.njcourtsonline.com.
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Erin M. Boyle, Esq. and Joseph J. Mandia, Esq. are hereby
designated as trial counsel in this matter.
CERTIFICATION PURSUANT TO RULE 4:5-1
I hereby certify that to my knowledge the within matter in controversy is not the subject of
any other action currently pending in any court or of a pending arbitration proceeding, and that no
other action or arbitration proceeding is contemplated. I have no knowledge at the time of any
non-party who should be joined in the action.
MID-L-003524-24 06/14/2024 3:30:30 PM Pg 14 of 14 Trans ID: LCV20241503184
WEITZ & LUXENBERG, P.C.
A New York Professional Corporation
Attorneys for Plaintiffs
/s/ Eduardo R. Sotomayor
By: ______________________
Eduardo R. Sotomayor, Esquire
Atty ID: 376142021
220 Lake Drive East, Suite 210
Cherry Hill, NJ 08002
(856) 755-1115
Dated: June 14, 2024
Preview
MID-L-003524-24 06/14/2024 3:30:30 PM Pg 1 of 14 Trans ID: LCV20241503184 WEITZ & LUXENBERG, P.C. A New York Professional Corporation Eduardo R. Sotomayor, Esq. I.D.#: 376142021 Erin M. Boyle, Esq. ID#: 312672020 220 Lake Drive East, Suite 210 Cherry Hill, NJ 08002 (856) 755-1115 Attorneys for Plaintiffs DONALD COLE AND LYNDA COLE, h/w SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiffs MIDDLESEX COUNTY vs. DOCKET NO. L- 24 AS KELSEY HAYES COMPANY D/B/A TRW; CIVIL ACTION THE GOODYEAR TIRE AND RUBBER (ASBESTOS LITIGATION) COMPANY; COMPLAINT AND DEMAND SCHNEIDER ELECTRIC USA, INC. formerly FOR JURY TRIAL known as Square D Company; GENERAL ELECTRIC COMPANY; UNION CARBIDE CORPORATION; DAP, INC.; VANDERBILT MINERALS, LLC., f/k/a R.T. Vanderbilt Co., individually and as successor in interest to International Talc Company, Inc., Gouverneur Talc Company, Inc., and International Pulp Company, Inc.; PARAMOUNT GLOBAL, f/k/a VIACOMCBS INC., f/k/a CBS Corporation, a Delaware Corporation, f/k/a/ Viacom inc., successor by merger to CBS corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation; KOHLER CO.; GOULDS PUMPS LLC; MID-L-003524-24 06/14/2024 3:30:30 PM Pg 2 of 14 Trans ID: LCV20241503184 FMC CORPORATION, Individually and as successor in interest to Northern Pump Company f/k/a Northern Fire Apparatus Company, Chicago Pump Company and Peerless Pump Company; ITT LLC., Individually and as successor to Bell & Gossett and as successor to Kennedy Valve Manufacturing Co., Inc.; REDCO CORPORATION f/k/a CRANE CO.; GRINNELL LLC; BALTIMORE ENNIS LAND COMPANY, INC.; MONSEY PRODUCTS COMPANY f/k/a HENRY COMPANY; and JOHN DOE CORPORATIONS, 1-50 Defendants. Plaintiffs DONALD COLE AND LYNDA COLE, h/w by way of Complaint against the Defendants named herein, allege as follows: PARTIES-PLAINTIFFS 1. Plaintiffs DONALD COLE AND LYNDA COLE reside at 159 Airline Road, Baileyville, ME 04694. 2. Plaintiff LYNDA COLE (also referred to in this Complaint as PLAINTIFF SPOUSE) is the spouse of Plaintiff DONALD COLE. 3. Donald Cole is 70 years old who was diagnosed with lung cancer in or about June of 2022. Mr. Cole was exposed to asbestos throughout his occupational history from 1960 through 1998. Mr. Cole served in the United States Military in the 1960s, stationed at Fort Benning in Georgia and Aberdeen in Maryland while doing basic training at Fort Dix. During his military MID-L-003524-24 06/14/2024 3:30:30 PM Pg 3 of 14 Trans ID: LCV20241503184 years, he served as an auto mechanic and was exposed to asbestos while performing repairments including brakes, gaskets and clutches. Additionally, Mr. Cole was exposed to asbestos while working at Lakehurst Naval Air Station in the early 1970s and worked with and around insulated pipes. From the 1960s through the 1980s, Mr. Cole performed masonry work and worked with and around asbestos containing products including joint compounds, insulations, pipes, electrical equipment, cement, caulk, roofing materials, boilers, pumps and valves. From 1983 to 1998, Mr. Cole worked at Georgia Pacific Paper mill in the State of Maine and was exposed to asbestos by working with and around asbestos containing products. 4. As a direct and proximate result of the above exposures, Plaintiff DONALD COLE contracted lung cancer and has suffered, and continues to suffer, from other various diverse injuries and attendant complications. 5. Plaintiff DONALD COLE was caused to suffer severe, permanent and disabling personal injury, has expended and will be caused to expend sums of money for medical care and treatment, therefore, has been prevented and will be prevented from pursuing normal activities and employment, has experienced and will continue to experience severe pain and suffering and mental anguish, and has been deprived and will continue to be deprived of ordinary pursuits and enjoyments of life. 6. Reference herein to “Plaintiff” or “Plaintiffs” is a reference to all the persons set forth above as is syntactically and contextually correct. above as is syntactically and contextually correct. MID-L-003524-24 06/14/2024 3:30:30 PM Pg 4 of 14 Trans ID: LCV20241503184 PARTIES-DEFENDANTS 7. Defendants are corporations organized under the laws of New Jersey and/or various states of the United States of America that were and are doing business in the State of New Jersey. The aforementioned Defendants mined, manufactured, sold, produced, distributed, supplied, and/or marketed raw asbestos, asbestos fibers, and/or asbestos containing products which Plaintiff used or was exposed to Defendants KELSEY HAYES COMPANY D/B/A TRW; THE GOODYEAR TIRE AND RUBBER COMPANY; SCHNEIDER ELECTRIC USA, INC. formerly known as Square D Company; GENERAL ELECTRIC COMPANY; UNION CARBIDE CORPORATION; DAP, INC.; VANDERBILT MINERALS, LLC., f/k/a R.T. Vanderbilt Co., individually and as successor in interest to International Talc Company, Inc., Gouverneur Talc Company, Inc., and International Pulp Company, Inc.; PARAMOUNT GLOBAL, f/k/a VIACOMCBS INC., f/k/a CBS Corporation, a Delaware Corporation, f/k/a/ Viacom inc., successor by merger to CBS corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation; KOHLER CO.; GOULDS PUMPS LLC; FMC CORPORATION, Individually and as successor in interest to Northern Pump Company f/k/a Northern Fire Apparatus Company, Chicago Pump Company and Peerless Pump Company; ITT LLC., Individually and as successor to Bell & Gossett and as successor to Kennedy Valve Manufacturing Co., Inc.; REDCO CORPORATION f/k/a CRANE CO.; GRINNELL LLC; BALTIMORE ENNIS LAND COMPANY, INC.; MONSEY PRODUCTS COMPANY f/k/a HENRY COMPANY are corporations or other business entities organized under the laws of one or more states of the United States of America and doing business in New Jersey. MID-L-003524-24 06/14/2024 3:30:30 PM Pg 5 of 14 Trans ID: LCV20241503184 8. Defendants, JOHN DOE CORPORATIONS, 1-50, are the fictitious names or corporations, Partnerships, and/or other business entities whose identities are not presently known, and who are the alter egos of or are otherwise responsible for the conduct of liability of those who mined, milled, manufactured, sold, supplied, purchased, marketed, installed and/or removed asbestos-containing products, and/or equipment requiring and/or calling for the use of asbestos and/or asbestos-containing products, and/or asbestos-containing talc and/or other finished and unfinished asbestos-containing talc powder products, and/or raw asbestos fiber of various kinds and grades to which Plaintiff was exposed. 9. The term “Defendants” is used hereafter to refer to all the entities named above. 10. Defendants conduct business in the State of New Jersey, and certain Defendants reside or maintain their principal offices and/or principal places of business in the State of New Jersey. FIRST COUNT 11. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 12. Defendants are and at all times referred to in the Complaint were producers, manufacturers, suppliers, and/or distributors of raw asbestos, asbestos fiber, and/or asbestos- containing products including, but not limited to, asbestos containing insulation, gaskets, packing, and electrical equipment from industrial pumps, valves, motors, boilers and machinery which were supplied to plaintiff=s employer(s) and/or workplace(s) over a period of years encompassing plaintiff=s employment. 13. Defendants knew or in the exercise of reasonable care should have known that plaintiff was continuously working with and exposed to asbestos products containing asbestos, MID-L-003524-24 06/14/2024 3:30:30 PM Pg 6 of 14 Trans ID: LCV20241503184 asbestos fibers and asbestos dust, which were mined, milled, manufactured, produced, processed, imported, converted, compounded, supplied, distributed, sold and/or otherwise placed in the stream of commerce by these defendants for use at plaintiff= place of residence. 14. Defendants named herein have long been in possession of medical and scientific information which clearly indicated that asbestos, asbestos fibers and asbestos dust are hazardous to health and inherently dangerous materials. 15. Defendants were careless and negligent in that they: (a) wrongfully processed, manufactured, packaged, distributed, used, delivered, and sold to distributors and builders’ asbestos products for use in residences, including in particular plaintiff=s residence; (b) failed to provide proper, adequate, correct and appropriate warnings, labels, advice, cautions, instructions, and information as to the use of and consequences of exposure to asbestos, its fibers and dusts and failed to use reasonable care as to same; (c) failed to provide proper and appropriate warnings and cautions to all users of said asbestos products, fibers and dusts, both known and foreseeable, including plaintiff; and (d) failed to investigate, impose and comply with reasonable standards and regulations as to the safe use of and exposure to asbestos, asbestos fibers, and asbestos dust. 16. As a direct and proximate result of the aforementioned acts, omissions, carelessness and/or negligence on the part of Defendants, Plaintiff DONALD COLE has become ill with an asbestos-related disease, including lung cancer. Plaintiff has been and will in the future be made to endure great pain and suffering, both physical and mental in nature; has been and will in the future be required to expend great sums of money for medical services; has been and will in the MID-L-003524-24 06/14/2024 3:30:30 PM Pg 7 of 14 Trans ID: LCV20241503184 future be prevented from attending to his regular activities, duties, and responsibilities; and has been and will in the future be made to suffer severe pecuniary loss. WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit, and attorney fees. SECOND COUNT 17. Plaintiffs reiterate the facts and contentions as set forth above and repeat them herein. 18. The conditions set forth in the previous paragraphs of the Complaint were proximately caused by the defendants in that they wrongfully processed, manufactured, packaged, distributed, used, supplied, delivered, and/or sold to distributors, various asbestos products containing asbestos fibers, asbestos dust and the like, and failed to render proper, adequate and correct warnings, advice, instruction, and information, and so acted in a grossly negligent, malicious, willful and wanton manner, with reckless disregard for the health and welfare of plaintiff and others similarly situated, and failed to use reasonable care under all of the circumstances. 19. As a direct and proximate result of the aforementioned acts and/or omissions of a gross, willful, wanton and malicious nature on the part of the Defendants, Plaintiff DONALD COLE has become ill with an asbestos-related disease, including lung cancer. Plaintiff has been and will be in the future be made to endure great pain and suffering, both physical and mental in nature; has been and will in the future be required to expend great sums of money for medical MID-L-003524-24 06/14/2024 3:30:30 PM Pg 8 of 14 Trans ID: LCV20241503184 services; has been and will in the future be prevented from attending to his regular activities, duties, and responsibilities; and has been and will in the future be made to suffer severe pecuniary loss. WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or in the alternative for such damages, both compensatory and punitive, as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit, and attorney fees. THIRD COUNT 20. All previous paragraphs of the Complaint are repeated as if fully set forth herein. 21. At all times relevant hereto, the defendants, as a part of their businesses, manufactured, processed, fashioned, sold, distributed, supplied, and delivered asbestos and asbestos products into the stream of commerce in a defective, unsafe and inherently dangerous condition in that, among other things, adequate warnings, instructions and precautions were not given to known and foreseeable users and handlers, including Plaintiff, and the products and materials were expected to and did reach such persons, including Plaintiff, without substantial change in the condition in which they were sold. 22. At all times relevant hereto, the asbestos products and materials were used and employed for the purposes for which they were mined, processed and manufactured, designed, fashioned, packaged, inspected, tested, sold and intended to be used, and in a manner foreseeable to these Defendants. 23. The injuries and resulting damages to Plaintiff were caused by the defective, unsafe and dangerous condition of the asbestos products and materials which Defendants distributed, supplied, sold, and otherwise placed in the stream of commerce MID-L-003524-24 06/14/2024 3:30:30 PM Pg 9 of 14 Trans ID: LCV20241503184 24. As a direct and proximate result of the aforementioned marketing of defective products by defendants, thereby imposing strict liability upon these Defendants, Plaintiff DONALD COLE has become ill with an asbestos-related disease, including lung cancer. Plaintiff has been and will in the future be made to endure great pain and suffering, both physical and mental in nature; has been and will in the future be required to expend great sums of money for medical services; has been and will in the future be prevented from attending to his regular activities, duties, and responsibilities; and has been and will in the future be made to suffer severe pecuniary loss. WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit, and attorney fees. FOURTH COUNT 25. All previous paragraphs of the Complaint are repeated as if fully set forth herein. 26. Defendants warranted either expressly or impliedly that said asbestos products and materials were of merchantable quality, fit and safe for the purpose for which they were mined, processed, manufactured, fashioned, packaged, inspected, tested, distributed, sold, intended and used. 27. Defendants breached said warranties in that said asbestos products and materials were not of merchantable quality, fit and safe for the purposes for which they were mined, processed, manufactured, fashioned, packaged, inspected, tested, distributed, sold, intended and used in that, among other things, adequate warnings, precautions and instructions were not provided to users, handlers and persons coming into contact with said products. MID-L-003524-24 06/14/2024 3:30:30 PM Pg 10 of 14 Trans ID: LCV20241503184 28. As a direct and proximate result of the breach of said warranties, Plaintiff DONALD COLE has become ill with an asbestos-related disease, including lung cancer. Plaintiff has been and will in the future be made to endure great pain and suffering, both physical and mental in nature; has been and will in the future be required to expend great sums of money for medical services; has been and will in the future be prevented from attending to his regular activities, duties and responsibilities; and has been and will in the future be made to suffered severe pecuniary loss. WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit, and attorney fees. FIFTH COUNT 29. All previous paragraphs of the Complaint are repeated as if fully set forth herein. 30. Plaintiff was exposed to one or some of a number of substantially similar asbestos- containing products used in substantially similar fashion during a period or periods of time many years past. 31. Consequently, through circumstances beyond Plaintiff=s control, it cannot be determined which specific producer(s), manufacturer(s), supplier(s) and/or distributor(s) of asbestos-containing products caused Plaintiff=s aforementioned injuries. 32. Defendants are all producers, manufacturers, suppliers and/or distributors of substantially similar asbestos-containing products and they represent a substantial share of the relevant market of all producers, manufacturers, suppliers and/or distributors of such asbestos- containing products to which Plaintiff was exposed. MID-L-003524-24 06/14/2024 3:30:30 PM Pg 11 of 14 Trans ID: LCV20241503184 WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit and attorney fees. SIXTH COUNT 33. All previous paragraphs of the Complaint are repeated as if fully set forth herein. 34. At all times relevant hereto, defendants, owned, possessed, occupied, maintained and/or supervised the premises on which Plaintiff was working owed Plaintiff and others a duty to provide proper management, control, maintenance, supervision, repair and general safekeeping of the premises, including a duty to avoid, remediate and/or warn of hazardous and dangerous conditions and to provide a safe place for plaintiff to work. 35. The premises on which Plaintiff was working were so negligently and carelessly maintained as to allow an unsafe, dangerous and hazardous condition, resulting in plaintiff=s exposure to asbestos fibers and development of asbestos-related disease. 36. Defendants had actual and/or constructive notice of the dangerous and hazardous condition of property on which plaintiff was working, knew or should have known that such a dangerous and hazardous condition created a reasonably foreseeable risk of injury to workers and others in that area through exposure to asbestos, and had sufficient time and opportunity to have taken measures to protect against plaintiff=s injury. 37. Defendants were under a duty to take reasonable actions to guard against the risk of injury presented by the aforesaid dangerous and hazardous condition of property but failed and neglected to act in a reasonable and appropriate manner. 38. Defendants were careless and negligent in that they caused and/or permitted an unsafe, dangerous and hazardous condition and/or defect to exist on the aforesaid premises, failed MID-L-003524-24 06/14/2024 3:30:30 PM Pg 12 of 14 Trans ID: LCV20241503184 to properly inspect, maintain, repair and/or warn of a known dangerous and hazardous condition of property under their ownership, possession or control, and were in other ways careless and negligent in the maintenance and control of the aforesaid property. 39. As a direct and proximate result of the aforementioned acts, omissions, carelessness and/or negligence on the part of Defendants, Plaintiff, DONALD COLE became ill from an asbestos-related disease, including lung cancer. Plaintiff had been made to endure great pain and suffering, both physical and mental in nature; had been required to expend great sums of money for medical services; had been prevented from attending to his regular activities, duties and responsibilities; and had been made to suffered severe pecuniary loss. WHEREFORE, Plaintiffs demand judgment against defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit and attorney fees. SEVENTH COUNT 40. LYNDA COLE reiterates the facts and contentions as set forth above and repeats them herein. 41. As consequence of the injuries of HER spouse, LYNDA COLE has suffered loss of advice, guidance, counsel, consortium, companionship, services, society and support. WHEREFORE, Plaintiffs demand judgment against Defendants jointly, severally and/or in the alternative for such damages as may be permitted pursuant to the laws of the State of New Jersey, including but not limited to compensatory damages, pecuniary damages, punitive damages, loss of consortium (per quod), pre- and post-judgement interest, and costs of suit, and attorney fees as provided by law. MID-L-003524-24 06/14/2024 3:30:30 PM Pg 13 of 14 Trans ID: LCV20241503184 Plaintiffs hereby incorporate by reference all allegations set forth in the Standard Complaint, as amended, previously served upon all parties and filed with Middlesex County Clerk. Additional copies of the Standard Complaint are available upon written request to Plaintiffs’ counsel and a pdf version can be downloaded from the judiciary’s website: https://www.njcourts.gov.attorneys/mcl/middlesex/asbestos.html. In addition, copies of the Mass Tort Asbestos Manual, General Orders and Standing Orders pertaining to Middlesex County asbestos litigation are available from the judiciary’s website, or from Special Master Agatha N. Dzikiewicz, Esq., Middlesex County Courthouse, 56 Paterson Street, Chambers 204, New Brunswick, New Jersey 08903, Tel: 732-645-4300 ext. 88211, e-mail – Agatha.Dzikiewicz@njcourts.gov. DEMAND FOR TRIAL BY JURY Plaintiffs demand a trial by jury on all issues. DEMAND FOR ANSWERS TO INTERROGATORIES Plaintiffs demand answers to the Standard Interrogatories pursuant to the Asbestos General Order. Said Standard Interrogatory forms may be obtained online at www.njcourtsonline.com. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Erin M. Boyle, Esq. and Joseph J. Mandia, Esq. are hereby designated as trial counsel in this matter. CERTIFICATION PURSUANT TO RULE 4:5-1 I hereby certify that to my knowledge the within matter in controversy is not the subject of any other action currently pending in any court or of a pending arbitration proceeding, and that no other action or arbitration proceeding is contemplated. I have no knowledge at the time of any non-party who should be joined in the action. MID-L-003524-24 06/14/2024 3:30:30 PM Pg 14 of 14 Trans ID: LCV20241503184 WEITZ & LUXENBERG, P.C. A New York Professional Corporation Attorneys for Plaintiffs /s/ Eduardo R. Sotomayor By: ______________________ Eduardo R. Sotomayor, Esquire Atty ID: 376142021 220 Lake Drive East, Suite 210 Cherry Hill, NJ 08002 (856) 755-1115 Dated: June 14, 2024