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Lanzo -Filed-Complaint-1.Pdf 8 .4 'I SZAFERIVIAN, LAKIND, ?. Qu. \".i\\§ 'U BLUMSTEIN & BLADER I P.C. M C\ \ By Robert E. Lytle, Esq. (NJ ID# 046331990) *1 \%`- '§i"'@4 9, AJ 'T'.L.» J 101 Grovers mill Road, Suite 200 x.9 g" i \\.vu\ 1 ~. "\'\ A Lawrenceville, N.J. 08648 \ 1 ,.,\,L °» i \\ 'U (609) 275-0400 9 LEVY KONIGS8ERG, LLP By: Moshe Maimon, Esq. (NJ ID N0.042691986) 101 Grovers mill Road, Suite 200 Lawrenceville, N.J, 08648 (609) 720-0400 Attorneys for Plaintiffs STEPHEN LANZQ, III and KENDRA SUPERIOR COURT OF NEW JERSEY LANZO, LAW DIVISION, MIDDLESEX COUNTY Plaintiffs, DOCKET NO C 1vIID-L- -l6As V I CYPRUS AMAX MINERALS COMPANY, Civil Action - Asbestos individually and as LiSiqation successor-in-interest to American Tale Company, Metropolitan Talc Company, "r Inc. , Charles Mathieu, Inc., MlD-L- 7385.=~16 Resource Processors, Inc. and Windsor Minerals, Inc. i CYPRUS MINERAL CO. r individually and as successor- in-interest to American Talc Company, Metropolitan Talc Company, Inc. , Charles Mathieu, Inc. , ResOurce processors, Inc. and Windsor Minerals, Inc., IMERYS TALC AMERICA, INC. I f/k/a Luzenac America, Inc. , individually and as CQMPLAINT, JURY DEMAND, DEMAND successor-in-interest to FOR ANSWERS TO STANDARD Windsor Minerals, lnc., INTERROGATORIES AND JOHNSON & JOHNSON; DESIGNATION OF TRIAL COUNSEL JOHNSON & JOHNSON CONSUMER COMPANIES, INC. ; WHITTAKER CLARK s DANIELS, INC. , individually and as successor- in-interest to American Talc 2315995.1 I Company, Metropolitan Talc Company, Inc. , Charles Mathieu, Inc. , and Resource Processors, Inc. , John Doe Corporations 1-50; John Doe Corporations 51-100, Defendants. Plaintiffs, Stephen Lanzo, III and Kendra Lanzo, by way of complaint against Defendants allege and say: PARTIES PLAINTIFFS 1 . Plaintiffs, Stephen Lanzo, III and Kendra Lanzo, are husband and wife residing at ll Glen Road, Verona, .NJ 07044 . 2 . Since his birth in 1972 I Plaintiff I Stephen Lanzo, regularly and frequently used and was exposed to asbestos-containing Johnson & Johnson talc powder products, the use of which generated dust and exposed him to respirable asbestos fibers. Stephen Lanzo's exposure to respirable asbestos fiber from asbestos~containing talc products, manuf actured, sold and supplied by the defendants (and their predecessors in interest) proximately caused his mesothelioma . 3 . As a direct and proximate result of the above exposures, Plaintiff I Stephen Lanzo, III, contracted mesothelioma and has suffered, and continues to suffer, from other various diverse injuries and attendant complications . 23159951 2 PARTIES DEFENDANTS 4 . Defe1'1d8 .1'1tS, CYPRUS AIVIAX MINERALS COMPANY, individually and as successor-in-interest to American Talc Company, , Resource Metropolitan Talc Company, Inc . I Charles Mathieu, Inc . Processors, Inc . and Windsor Minerals, Inc . CYPRUS MINERAL CO . I individually and as successor-in~interest to American Talc Company, Metropolitan Talc Company, Inc . I Charles Mathieu, Inc . I Resource Processors, Inc . and Windsor Minerals, Inc, i IIVIERYS TALC I individually and as AMEICA,R I NC . I f / k / a Luzenac America, In c . JOHNSON & successor-in-interest to Windsor Minerals I Inc i | WHITTAKER JOHNSON; JOHNSON & JOHNSON CONSUMER COMPANIES, INC . CLARK & DANIELS, INC . I individually and as successor-in-interest to American Talc Company, Metropolitan Talc Company, Inc . I Charles Mathieu, Inc . , and Resource Processors, Inc . , w e r e manuf acturers I suppliers or distributors of talc, including asbestos-containing talc and other finished and unfinished asbestos-containing products to which Plaintiff I Stephen Lanzo, was exposed. 5 . John Doe Corporations 1 through 50 are the fictitious names of corporations, par tnerships, and/or other business entities whose identities are not presently known, and who mined, milled, manuf actured, sold, marketed, and/or removed talc, including asbestos-containing talc, or asbestos-containing products I that Plaintiff, Stephen Lanzo, used or to which he was 3 2 3 1 5 9 9 5 1 exposed. 6 . John DOe Corporations 51 through 100 are the fictitious names of 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 or liability of those who mined, milled, manuf actured, sold, marketed, and/or removed tale, including asbestos-containing talc, or asbestos-containing products, that Plaintiff, Stephen Lanzo, used or to which he was exposed. 7 . The term "Defendants" refers to all of the entltlee named above. FIRST COUNT 8 . Plaintiffs repeat and reallege each and every allegation contained in paragraphs 1 through 7 as though hereinaf ter set forth at length. 9 . The Defendants conduct and/or have conducted business in New Jersey at all times relevant herein. The Defendants breached their warranties I both express and implied, for fitness of purpose and merchantability. 10. The Defendants are strictly liable in tort . I l l. As a direct and proximate result of Defendants negligence, breach of warranties, both express and implied, a n d S'I;]:'ic'1' 'l1'nh11~ii-~< -in 1-nv--- 4-1-. 131 ' 4: contracted mesothelioma and has suffered, and continues to suffer, from other various diverse injuries and attendant 23159951 4 complications 12. It was foreseeable to the Defendants that the Plaintiff, Stephen Lanzo, and others similarly situated, would be injured as a result of the Defendants' actions and misconduct WI-IEREFORE , Plaintiffs demand judgment against the Defendants I jointly and severally for: a) Compensatory damages ; b) Punitive damages ; c) Pre-judgment and post judgment interest; d) Costs; e) Attorney fees and litigation expenses l and f) Such other relief as the Court may deem just and proper. SECOND COUNT 13 Plaintiffs repeat and reallege each and every allegation contained in paragraphs 1 through 12 as though hereinaf ter set forth at length. 14 I The Defendants I jointly and severally, marketed an ultra-hazardous product and placed that product in the stream of commerc e I 15 As a direct and proximate result <3 the Defendants actions, the plaintiff, Stephen Lanzo, contracted mesothelioma and has suffered, and continues to suffer, from other various diverse injuries and attendant complications WI-IEREFORE, Plaintiffs demand judgment against the 5 23159954 Defendants, jointly and severally for: a) Compensatory damages ; b) Punitive damages ; c) Pre-judgment and post judgment interest d) Costs; e) Attorney fees and litigation expenses; and f) Such other relief as the Court may deem just and proper, THIRD COUNT 16 . plaintiffs repeat and reallege each and every allegation contained in paragraphs l through 15 as though hereinaf ter set forth at length. 17 . Defendants I breached their non-delegable duty to warn and negligently supplied defective materials and products without ensuring that the Plaintiff, Stephen Lanzo, was warned about the dangers of asbestos exposure . 18. Defendants' actions prevented Plaintiff, Stephen Lanzo, from educating himself on the dangers of asbestos exposure and from taking action to minimize the risks of exposure in and out of the home. 19. As a direct and proximate result of the Defendants I actions and inaction, the Plaintiff, Stephen Lanzo, contracted mesothelioma and has suffered, and continues to suffer, from other various diverse injuries and attendant complications . WHEREFORE , Plaintiffs demand judgment against the Defendants, jointly and severally for : a) Compensatory damages ; 2315995.1 6 b) Punitive damages c ) Pre-judgment and post judgment interest; d) Costs; e) Attorney fees and litigation expenses ; and f) Such other relief as the Court may deem just and proper. FOURTH COUNT 20. Plaintiffs repeat and reallege each and every allegation contained in paragraphs 1 through 19 as though hereinaf ter set forth at length. 21, Defendants willfully, wantonly and intentionally conspired, and acted in concert, to withhold information from the Plaintiff, Stephen Lanzo, and the general public concerning the known hazards associated with the use of and exposure to talc, including asbestos-containing tale and asbestos products . 22. Defendants willfully, wantonly and intentionally conspired, and acted in concert, to withhold information from the P laintiff I Stephen Lanzo, and the general public relating to the f act that asbestos fiber inhalation could be f atal . 23. Defendants willfully, wantonly and intentionally conspired, and acted in concert, to disseminate f alse product safety information to the Plaintiff, Stephen Lanzo, and the general public . 24. Defendants willfully, wantonly and intentionally conspired, and acted in concert, to prevent the dissemination of information concerning their products' hazards and dangers . 2 3 1 5 9 9 5 1 7 ! 25 Defendants willfully, wantonly and intentionally f ailed to take appropriate action to minimize the risks of asbestos exposure to the Plaintiff, Stephen Lanzo, and the general public . 26 . As a direct and proximate result of Defendants' w i l l f u l , wanton and intentional acts, Plaintiff, Stephen Lanzo contracted mesothelioma and has suffered, and continues to suffer, from other various diverse injuries and attendant complications WHEREFORE, Plaintiffs demand judgment against the Defendants, jointly and severally for: a) Compensatory damages ; b) Punitivedamages; c) Pre-judgment and post judgment interest; d) Costs; e) Attorney fees and litigation expenses ; and f) Such other relief as the Court may deem just and proper . 8 2315995.1 8 FIFTH COUNT (Product
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