..*

r -

!.:.- A..

.

!I

i

| 1,

! IN SfE C';ITIO STATES DISTRICT COURT FOR 5: itIO':LE ::ISTRIOT Cr iPE;;NSYLVANIA

|- ,, -

( AN::REA K. BRATIC and KELLY A. BRATIO, )p Minors, by their parent and natural ),

h guardian , KATHLEEN )g BRATIC and KATHLEEN )ej 3 RATIO, in her own right; )[ ERIC B. ENOLE and MINOEL K. ENOLE, )

i)ihis wifa; )NCRMAN FROMM, a Minor, by his parents )

[!and natural guardians, JACR A. ) I

I TROMM, SR. and KATHRY!; H. FROMM, and )E JACK A. FROMM and KATitRYN H. FROMM, in ){l their own right; )

g|NICHOLE N. OLINNY, LEE A. CLENNY, )

; and LCRI A. GLENNY, Minorm, cy their )i: parents and natural quardians, WILLIAM )h A. GLENNY, JR. and CONNIE L. GLENNY, ) -

I and WILLIAM A. GLENNY, JR. and CONNIE ),g''>p

L. GLENNY, in their own right; ) ', g t,.a , 4*

RICKEY LYNN HOFFMAN; ) ,* s :5 <

. Y[.i; BARRIZ M. HUCHES and JON! 3. HUGHES, .) ,' Q' \ .-

i. his wife; ) ..g . &s .

[ THERESA A. LE00ER, JOHN K. LEOGER and ) 7 9' . 4y LAWRENCE P. LE00ER, Minors, by their ) , md LfFl parents and natural guardians, JOHN M. ) 'Op gg~J LE000R and LISA LEOGER, and JCHN M. ) .j LEDGER and LISA LE007.2, in their own ) #;; right; )q ANGELA D. LOVELL and ADAM J. LOVELL, )h Minors, by their parents and natural )b guardians, OUANE LOVELL and CIN0Y )

[:LOVELL, and OCANE LOVELL and CIN0Y s

LOVELL, in their own right; ).

Ii OCNAL:: S. McCARTf and ELISE M. McCARTI,)h his wife; )

,

!'d MOLLY McCARTY; )'j PRISCILLA PLETCHER and PAUL PLETOEER, ) I;

] Minors, by their parents and natural ) !I guardians, MARLIN 0 PLETCHER and LOUISE ) |;

PLETCHER, and MARLING PLE CHER and )

ji LOUISE PLETCHER, in their own right; )i C. TERRY SELLIRS; }g

p JOSEPH T. TATE, OR. and LOLO SELLE ).| TATE, his wife; )l' SANOIEP A. THAKRAR and MONICA A. }

THAKRAR, Minors, by their parents and )natural quardians, ANIL C. THAKAAR and )-

J NEEMA A. THAKRAR, and ANIL C. THAKRAR ).

if and NEE:!A A. THAKRAR, in their cwn )f right; )i V. EUGENE WOOONARO and CINDY K. )h WOOOMARO, his wife; )f GREOORY V. WORONA, MARC A. WORONA )[' and STEPHANIE L. WORONA, Minors, by )

their parents and natural quardians ). VALENTIN WORCNA and A. LISIA WORONA, )E and VALENTIN WORONA and A. LOSIA ) {WORONA, in their own right, ) -

,

1 )!; Plaintiffs, )h )i

{ .: vs. ) Civil Action uo. j~

l ) - I

f, b.V. /- C C O .*

'

e >s

.

W RECENEC ~:CU U4

's .

r.) -,

2.-

81022501~

.f

,. _ . - - .

f*

..

. .

.'

i

,,

fI |

5 METROPOLITAN EDISCN COMPANY, 1

JERSEY CENTRAL POWER & LIGil? COMPANY, )i BABCCCK & WILCOX COMPANY, IN'., J. RAY )F MCOERMOTT & COMPANY, INC., )

a GENERAL PUBLIC UTILITIES CORPORATION )and DRESSER INCOSTRIAL VALVE and ). '

i INSTRUMENT DIVISION OF CRESSER )l. INDUSTRIES , INC., and CATALYTIC, INC., )E d.~ , .u .. .' . a - . . . . )

[ Defendants. ).

C0MPLA INT

AND NOW ccme the plaintiffs, above named, by their

attorneys, TARASI & TIGHE, and Louis M. Tarasi, Jr., Esquire,

I.; and Dusan Bratic, Esquire, and bring this civil action pursuantP

to F.R.C.P. 20, to obtain damages and the costs of suit from

,h the defendants named herein, based upon the following

allegations:

i I.

!

g JURISDICTION AND VENCE

b.I:

1. Jurisdict'.on of this action is specifically conferred

upon this Court pursuant to 28 U.S.C. Sections 1331 and 1337,i

and 42 U.S.C. Section 2210 (n) (2) . The amount in centroversy as,

to each of the named Plaintiffs exceeds the sum of $10,000.00,

exclusive of interest and costs. In addition, this Court has,

3e

[ pendent jurisdiction to consider all applicable state toct law '

claims..

2. Venue 12 proper in the Middle District of.

IPennsylvania, which is where the cause of action arose, the

| -

| Plaintiffs are residents of, do business in, and/or owni| property in such district, and the Defendants do business in,

such district. 42 U.S.C. Section 2210 (n) (2) .i

|'

II.

PLAINTIFFS

3. (a) Andrea K. Static and Kelly A. Bratic, minors,s'

n3i

0.'

..

h 2.hHi? =-' .+ :

.

I

. . - . - - . . - . .

f ^

*

e, * I

i'

e

i

are citizens of the Commonwealth of Pennsylvania residing with !'

':|

v their parent and natural guardian , Kathleen |

Bratic, at 2709 fiill Road, Grantham, Pennsylvania 17027.,_

IJ Xathleen Bratic is an individual

and citi:en of the Cor.smonwealth of Pennsylvania residingI at 2709 Mill Road, Grantham, Pennsylvanis 17027.n

l'. (b) Eric B. Engle and Mindel K. En gle areI

| 4 individuals, huseand and wife, and citizens of the Comsonuealth|j; of Pennsylvania residing at 39 Walmar Manor, Dillsburg,

f Pennsylvania 17019.

(c) Norman Troca, a minor, is a citizen of the,!

$ Cocaonwealth of Pennsylvania residing with his parents and

, natural guardians, Jack A. Fromm, Sr. and Kathryn H. Frora, ati,

h Hollow Creeks Estates, R.D. 93, Lot 76, Dover, Pennsylvaniai

I! 17315. Jack A. Frora, Sr. and Kathryn H. Fromm are

b| individuals, husband and wife, and citizens of the Commonwealth,

of Pennsylvania residing at Hollow Creeks Lstates, R.D. 93, Lot

' 76, Dover, Pecnsylvania 17315.

(d) Nichole N. Glenny, Lee A. Glenny and Lori A.;

Glenny, minors, are citi: ens of the Comonwealth of.

Pennsylvania residing with their parents and natural guardians,c:

William a. Gianny, Jr. and Connie L. Glena.y, at R.D. f3,

; Dillsburg, Pennsylvania 17019. William A. Glenny, Jr. and

[ Connie L. Glenny are individuals, husband and .-if*, a'.d

citizens of the Commonwealth of Pennsyvania residing at R.D.

83, Dillsburg, Pennsylvania 17019.,

'(e) Rickey L. Hof fman is an individual, and citizen

|

) of the Commonwealth of Pennsylania residing at R.D. II,

hb Dillsburg, Pennsylania 17019.I'j (f) Barrie M. Hughes and Jnni S. Hughes, are

l!p individuals, husband and wife, and citi: ens of the Commonwealth

f of Pennsylvania residing at Holicw Creek Estates, R.D. 13, lot

i h, ;;

j d's i

h

P 3.-

l.-.

1 - -

4 .-a-Q .a.

a

. . . . . -

*

(~ r,

!

13, Dover, Pennsylvania 17315.

!| (g) Cheresa A. Ledger, John K. Ledger and Lawerence

P. Ledger, minors, are citizens of the Ccr.monwealth of.*.

;; Pennsylvania residing with their parents and natural guardians,'s

ii John M. Ledger and Lisa Ledger, at R.D. 5, Box 22, Dillsburg,I

| Pennsylvania 17019. John M. Ledger and Lisa Ledger arehh individuals, husband and wife, and citizens of the Ccame wealthi

I of Pennsylvania residing at R.D. #5, Box 22, Dillsburg,E

|; Pennsylvania 17019.

[s(h) Angela D. Lovell and Adam J. Lovell, minors, are

i: citizens of the Commonwealth of Pennsylvania residing withI'

' their parents and natur,al guardians, Duane Lovell and CindyLovell, at R.D. 1, Box 276, Lewisberry, Pennsylvania 17339.-

|Duane Lovell and Cindy Lovell are individuals, husband and

I wife, and citizens of the Commonwealth of Pennsylvania residing .

at R.D. 1, Box 276, Lewisberry, Pennsylvania 17339.

h (i) Donald J. McCarty and Elise M. McCarty, are-

, individuals, husband and wife, and citizens of the Commonwealth1

,of Pennsylvania residing at 331 East Lisburn Road,

| Mechanicsburg, Pennsylvania 17055.

| (j) Molly McCarty is an individual, and citizen of

the Commonwealth of Pennsylvania residing at 331 East Lisourn!!

Road, Mechanicsburg, Pennsylvania 17055..

(k) Priscilla Pletcher and Paul Pletcher, minors,

are citizens of the Commonwealth of Pennsylvania residing with.

g their parents and natural guardians, Marling Pletcher andi:

Louise Pletcher, at Hollcw Creek Estates, R.D. 3, Dover,

Pennsylvania 17315. Marling Pletcher and and Louise Pletcher;

!| are individuals, husband and wife, and citizens of the

!!Commonwealth of Pennsylvania residing at Hollow Creek Estates,b

e

I, R.D. 3, Dover, Pennsylvania 17315.li Iij (1) C. Terry Sellers is an individual and citizen of ',

i ba.IP

N;

.'|| 4.

0.

. Ili ;i* '' |4

.

. . . . ~ . . . _ -

,

f '

|

|

the Commonwealth of Pennsylvania residing at 3 Shadow Drive,

Carlisle, Pennsylvania 17013.'

1. (m) Joseph T. Tate, Jr. and Lulu Belle Tate are

I! individuals, husband and wife, and citizens of the Commonwealth

|!i of Pennsylvania residing at R.D. 2, Pottsville Road, Etters,I |-{ Pennsylvania 17319.

Ij (n) Sandeep A. Thakrar and Monica A. Thakrar,|

h minors, are citi: ens of the Commonwealth of Pennsylvania !

residing with their parents and natural guardians, Anil C.

Thakrar and Neema A. Thakrar, at 533 Springhouse Road, Ca=p

Hill, Pennsylvania 17011. Sandeep A. Thakrar and Monica A..

!

Y Thakrar are individuals, husband and wife, and citizens of the, -

,

!

Commonwealth of Pennsylvania residing at 533 Springhouse Road, I

Camp Hill, Pennsylvania 17011.

(o) V. Eugene Woodward and Cindy K. Woodward are

individuals, husband and wife, and citizens of the Commonwealth,

j of Pennsylvania residing at R.D. 2, Box 249, Mechanicsburg,P

;j Pennsylvania 17055.

(p) Gregory V. Worona, Marc A. Worona and Stephanie

( L. Worona, minors, are citizens of the Commonwealth of

Pennsylania residing with their parents and natural guardians,i'4 Valentin Worona and A. Lesia Worona, at 920 South 61st Street,!

{ Harrisburg, Pennsylvania 17111. Valentin Worona and A. Lesiai !'

Worona are individuals, husband and wife, and citizens of the

k Commonwealth of Pennsylvania residing at 920 South 61st Street,I

d Harrisburg, Pennsylvania 17111.

Op III.E

|- DEFENDANTS't

h 4. (a) General Public Utilities Corp. ("GPU"), is aii

y public utility holding company. GPU is the parent company of

f Metropolitan Edison Co., (" Met Ed") another defendant herein.;I

q GPU's principal offices are located at 260 Cherry Hill Road,| ",i

'o

|*' .

I;.

. 1-'1

'; 5.! h

'

-at

*

|

.!

_ , . _ . . . .

;-. .

c'|

-

,

ie' I

Paraippany, New Jersey 07054. ~

(b) Metropolitan Edison (" Met 2d"), is a corporationt.

engaged in the production and sale of electicity. Met Ed is aoe.

subsidiary of CPU, is a 50% owner of the Three Mile Islandb |! nuclear powered electric generating facility and is the i

I Ioperator of that facility. Met Ed's pr'.ncipal offices are '

h located at Post Office Box 542, Reading, Pennsylvania 19703.

[ (c) Jersey Central Power & Light Co. (" Jersey |: iCentral"), is a corporation engaged in the business of

i,producing and selling electricity. Jersey Central is a

t subsidiary of GPU ard is a 25% owner of the Three Mile Island

nuclear powered electric generating facility. Jersey Central's,

!. principal offices are located at Madison and Punchbown,lid Morristown, New Jersey.Y

; (d) Pennsylvania Electric Co., (" Pennsylvania-

Elec tr ic") , is a corporation engaged in the business ofl-a producing and salling electricity. Pennsylvania Electric is a

f subsidiary of GPU and is a 25% owner of the Three Mile IslandF' nuclear powered electric generating facility. Its principal

offices are located at 1001 3 road Street, Johnstown,,

J Pennsylvania 15907.

b (e) Babcock'and Wilcox Conpany, (" Babcock"), le a

0:! cuosidiary of J. Ray McDermott & Co., Inc. Babcock is in the

tusiness, inter alia, of designing and constructing nuclear.

j! powered electric generating facilities and did so with respecti

|d to the Three Mile Island facility.I '

Babcock is a New Jersey

[ Corporation with its principal office at 161 East 42nd Street,

k New York, N.Y. 10017.

(f) J. Ray McDermott & Co., Inc., ("McDermott"), is

i the parent and controlling ctmpany of Babcock and is a DelawareP 1

1; corporation. McDermott's principal offices are located at 1010n .

|[ Common Street, New Orleans, Louisiana 70112.9

;i c

a 1,-

In

f :1 i'g 6. I

C'

li'1

I ? _

-E..-

9

_ . _ . . . .,_.

-.

I' |

..

.

!.

'-i

(g) Dresser Industrial valve and Instrument Division,

|' |of Deecser Industries, Inc., (" Dresser"), is in the business, ;.

intar alia, of designing, manufacturing and supplying valves-

tiand other fittings used in the construction, operation and j

I !maintenance of nuclear powered electrical generating facilities i; cnd did sc with respect to the Three Mile Island facility.I

!j Dressee is a Delaware corporation with its principal place ofbusiness in Texas. I

8.'

; (h) Catalytic, Inc., (" Catalytic"), is the'

corporation responsible for maintenance of the Three MileP[; Island facility. Catalytic's principal offices are at 1500P

'[ - Market Street, Centre Square West, Philadelphia, Pennsylvania.- 19102.I

i;

y IV.

; FACTS GIVING RISE TO PLAINTIFFS' CLAIMS FOR DAMAGES

5. Defendants GPU, Met Ed, Jersey Central ande

j- Pennsylvania Electric are the owners of the nuclear electricl'

|| generating plant at Three Mile Island.[

-

f 6. Defendant Babcock was the contractor responsible for

|! engineering and construction of the nuclear powered electric!

generating plant at Three Mile Island.e

7. Def'endant Dresser supplied defective and/or,

} inoperative valves, and/or fittings, and/or equipment to the'l; Three Mile Island nuclear powered electric generating plant.' "

8. Defendant Catalytic was the company responsible for

! maintenance of the Three Mile Island facility.

! 9. The construction and operation of the nuclear powered

|I electric generating plant at Three Mile Island was dulyJ

f licensed by the United States Nuclear Regulatory Commissioni-

( ("NRC").n

{10. The operation of the Three Mile Island nuclear

i.9

E

I7.l!,

|i1

o e ,<r _

- - -

_

_

- - . ~ . . . -

f I,

t

generating facility is an ultra hazardous activity in that it;

necessarily involves a risk of grave and serious harm to !

surrounding persons, land and chattels for the following,

'

t, reasons: !t

-

j,, (a) Radioactive materials are used in the routine |

operation of this facility. If exposed to human beings, these

[ radioactive materials will cause cancer, death, disfigurement,.

genetic damage, burns, respiratory alla.ents, and other injury '

[and disease;

E (b) The operation of Three Mile Island nuclear4!

I facility involves the use of radioactive material in a mannerh -

j. calculated to cause the telease of huge amounts of nuclearl' .

d energy with the attendant risk of explosions, fires, and/orii'

nuclear f:ll-out, so huge in magnitude as to be potentiallyg destructive of all human and animal life within at least ai:

f sixty (60) mile radius of the Three Mile Island facility.e

i: 11. Acting through their duly authorized agents,I

workmen, servants and employees, defendants designed,!

|| constructed, maintained and cperated the Three Mile Island

l-n nuclear facility in conscious disregard of a known high degreeE!!, of risk of grievious bodily harm, and injury to the land,

1:

} chattel *, business and^ property of those persons located within

L at least a sixty (60) mile radius of the utility - defendants'r

nuclear facility. Specifically, defendants continued:

operations of Three Mile Island nuclear power plant, witnout,

!

y alteration or modification of its design, construction, or.

;

operational routine, after the following occurrences:

(a) In September cf 1977 there was a fire in the

facility which caused damage to the scaffolding used in

!| cleaning pipes;e

[ (b) In March of 1978, an unplarned generation

stoppage occurred; and. t I| s .'

i

i9

.

|; 8.

| l;i'

s'

<_' ; e-

,

I

- , - . . - - -

,

?'

ia

!

!

(c) On January 15, 1373, the facility was shut dcwn .I

for two (2) weeks because of " mechanical malfunction.' 'i

12. At all times material hereto, defendants kr.ew that.

: inasmuch as the Three Mile Island nuclear facility routinely1

b applied the process of nuclear fission to radic2ctive

materials, there was a substantial and unreascnable risk that a

malfunction in the facility would cause explosion, fires,,

'nuclear fall-out, radioactive emissions, and bodily harm, death~

i

anddamagetopersons,landandchattelswithinthevicinityof|[ the Three Mile Island facility and a sixty (60) mile radius:

!! therefrom.L

13. Defendants f, ailed to exercise reasonable care for"

the protection of Plaintiffs from the risks of harm enumerated

h in the immediately preceding paragraph in that, among other:!

[ things:

f:, (a) The design of the Three Mile Island faci"ity is.

t[ not such as to preclude the untaasonable risk of a major$ nuclear accident due to human error;

(b) The design of the Three Mile Island facility is

inadequate in that it fails to provide adequate safeguards. against the unreasonable risk of nuclear catastrophe caused by

!.

[ sabotage or terraristic acts;f

(c) The defendants failed to provide a coolingj:

k system for the nuclear reactor at the Three Mile Island

facility which was adequate to prevent the unreasonable risk!. *

i that the radioactive materials in the core of the reactor would'

6.

'

| !: melt, destroying the reactor and escaping into the atmosphererl p (d) The defendants failed to provide adequate safety

i

[ or back-up systems to avoid the unreasonable risk that theL,

!. reactor would malfunction in a manner which would lead to abi

i melt-down of the radioactive core of the nuclear reactor, t<'

!. ||: radioactive emissions, fire, and/or explosions ;

li' l

3 I*

. .,

it :

p 3.,

'

| : J #__ s .-; > '

.

- - . . .

* e,(

,

b

!'

' (e) The defendants failed to provide an adequare '

,

1' i

safety system to avoid the unreasonable risk that the nuclear !

n reactor at the Three Mile Island facility would overheat with'

,

Lr the attendant risk that the radioactive material contained -

1. I

h therein would melt, causing fire, explosion, and extremely I

I;; dangerous radioactive emissions;

(f) On March 28, 1979, defendants' agents, workmen,II servants and employees, acting within the scope of their!

;\ authority, failed to take proper measures to avoid overheating i;

of the nuclear reactor when a red warning light flashed in the

4 Computer Control Room of the Three Mile Island facility. Inb

d' particular, they turned off the cooling system for the nuclear!;

h reactor which caused temperatures inside the reactor to rise to,!

il unreasonaoly high levels, failed to take proper measures toi"

detect and prevent escaping radiation and f ailed to institute

! appropriate safety measures to prevent the reactor from

h becoming overheated, catching on fire, or exploding;I;

h- (g) Defendants failed to provide proper and adequate.

training and testing of personnel responsible for cperating the'

'

nuclear facility at Three Mile Island.i!'

(14) There were defects in the manufacture, design,

and/or installation of the, nuclear reactor at the Thres. Mile,

|'n violation of Restatement (Second)Island nuclear facility, i

of Torts, Sections 402A and 4028.

(15) There was a miscarriage of an ultrahazardousI

,

i! activity, namely, *he activity.of operating a nuclear facility.l'y (16) On or about, and continuing after, March 28, 1979,i

an accident occurred at the nuclear powered electric generating,

plant at Three Mile Island which resulted in:4

!! (a) The release of radioactive steam into the': atmosphere above Three Mile Island;!!if (b) The release of radioactive water into the

i C'

E .

,

,e 'e

I

; !! 10.a

! I|

'-a ?.u

!

!

, . .-- - .-

*,

(-.

1,

|

!

Suscuehanna River; ;

't i

.: (c) The development of conditions within the reactor;' I

|h creating a real and immediate threat of at least:. - ,

(1) a nuclear explosion resulting from the i.

'rformation of a large hydrogen bubble in the reactors

4

(ii) the overheating of the nuclear materials tor0

h such a point that they would have burned or melted through theUg floor of the reactor building and down into the groundi

l.,i (" meltdown") resulting in a further massive discharge ofe

radioactivity into the atmosphere, the water and the ground at I.-

|| and surrounding Three Mile Island, andr

(|- (iii) other miscarriages resulting in the further|? -

: discharge of radioactive material into the atmosphere, water

and soil around Three Mile Island.|l As a direct and proxt:aste result of the situationi 17.i

j engendered at Three Mile Island, as set forth hereinabove, theGovernor of Pennsylvania advised all pecgnant women and all

a children under five (5) years of age to evacuate the area j

|ttr, within five (5) miles of Three Mile Island and advised persons-

* within ten (10) miles of Three Mile Island to remain indoors.In addition, schools were closed in the area surecunding Three

i;.

I Mile Island and numer'ous persons did not report for work: throughout the area. Moreover, the State government begani

| developing plans for the evacuation of more than 600,000.

i persons from-the area within a radius of twenty (20) milesI- surrounding Three Mile Island. Although no such massive

~

evacuation was c:erled out, Plaintiffs believe and therefore

I)!avec that as a result of the above described nuclear accident,

I and its potential for causing a massive release of

f radioactivity throughout the area, more than 75,000 people in :'

c

.A,the exercise of reasonable care and prudence actually left the '.o

|t, i: -

miles around Three Mile ;area within a radius of twenty (20)'. s

!

}i !'

;

|

4

.

11*

9'-

,

A =, ,

'\ " T3;

|

umanum -

|_ . -.---- . -

. . _ ,. .-n.;

.. a C*,

,

.

,

,

|

|Island between March 29, 1979 and April 4, 1979.',

, -

18. The facts set forth in Paragraphs 16 and 17 hereofL 4

q were widely reported by the various news media throughout thei:

*

h area surrounding Three Mile Island.!.!' 19. Plaintiffs believe and therefore aver that the!:

I aforesaid accident at Three Mile Island will continue to cause!? people to leave the vicinity, will deter others from moving

into the area and from purchasing property within the area, and,

( will deter people from purchasing food and other consumer goodslij processed or manufactured within the area.

WHERE? ORE, pursuant to the Restatement of Torts 2nd,

h Sections 402A and B and the general principles of negligenceb" and express and implied' warranties, the Plaintiffs bring this,

f action against the said Defendants. Provisions of the

I/. applicable law of the Commonwealth of Pennsylvania apply to

( this action and render said Defendants liable jointly and/or

severally for the damages and injuries to the Plaint ffs.!i

f Plaintiffs also claim punitive damages.!

. A JURY TRIAL IS DEMANDED.!

.'

4 V.i

NATURE O? THE INJURIES DIRECTLY AND PRCXIMATELY SUSTAINED'

BY PLAINTIFFS''FRCM THE NUCLEAR ACCIDENTif

h 20. Certain plaintiffs were forced to evacuate the area!

9

for a period of time, causing expense and loss of income.,

I' 21. Cartain plaintiffs were exposed to radiation

released from Three Mile Island and will require constant-

ff medical monitoring in the future and may require medical1:

!I treatment therefrom.Iji 22. Certain plaintiffs sustained serious emotional

injury as a result of their exposure to such additional

[i radiatien, and have or may develop an unusually high level of9. ii!

.

f! .i

Nf

d ]2.,

';'

.' :,

!. _ .

w;::s

1-

'

m -

. . . . . .. . - . . . .. . . . , . . . . . . . . .. . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . ..

--

, _ _ _ . .- - -

r(-.. .

'

i

fear of develepti.] cancer in the future, thereby shortening

i. their life expectancy and causing the present diminution of the 'It. enjoyment of life.

.

23. Certain plaintiffs have experienced material decline,

f !

{in the value of real property owned within sixty (60) miles of

|

f Three Mile Island. !

[ 24. Certain plaintiffs experienced a substantial loss ofI.

j; profits in their businesses due to mass evacuation from the f' I

h. Three Mile Island area. !

t !

25. The full extent of the injuries sustained by !-

, t

plaintiffs as a result of exposure to the radioactive naterials ''.

|i

'h being emitted fecm defendants' Three Mile Island facility is ;'

i .

: presently unknown to plaintiffs, but such knowledge is in the "

d

[ process of being obtained. However, proper medical proceduref:

', dictates that plaintiffs and those other persons who have been j

exposed to the radioactive emissions from defendants' Threei

j Mile Island nuclear facility should be examined at least fourtj (4) times a year for the next twenty (20) years in order to

.f' detect and effectively treat the cancerous conditions or otheri

- j effects of radiation exposure which will likely result inff

1: plaintiffs as a result of their exposure to radioactivei

materials.!-1: COUNT Ib

(NEGLIGENCE)ii 26. The averments contained in paragraphs (1) through! -

(23) supra, are incorporated by refteence herein as if fully

set forth.

27. The nuclear " accident" which occurred at Three Mile![, Island on or about March 23, 1979, was pros:imately caused by

si the negligence of some or all of the named defendants, actingC

i'

either alone or in combination with each other and/or with{- ;

f others in designing, and/or manufacturing, and/or constructing,p

i l !';; I

! ;>i ',

jj ]3.

!.h.

. _2'.

,

_

. . . ~ . - . - -- - - - - - - - -

* '

f. ' s..,j.

,

a

f; and/or maintaining, and/or supplying, and/or leasing the|- i

nucicar power plant at Three Mile Ialand or component parts !p

|:

|c-thereof.

28. As a direct and proximate result of the said

[!' negligence, plaintiffs have suffered, are suffering and will .

I1 continue to suffer the following losses and damages: ''.

(a) Individual plaintiffs have been exposed to'

radioactive emissions from Three Mile Island ano' thereby to a..

5 substantially increased probability of incurring cancer and/or[ t

k genetic defects and other adverse effects of radiation exposures!- (b) Individual plaintiffs have been subjected to the

t

f necessity of evacuating their homes either pursuant to the

p recommendations of the Governor of Pennsylvania or in the

exercise of reasonable prudence and due carer

(c) Plaintiffs have been deprived of the peaceful'

use and enjoyment of their property;

(d) Plaintiffs businesses have been damaged in that

products may have become centaminated or spoiled, customers andi

| prospective customers fear the contamination of loe=1 foodt

f products and patronage has fallen off because of people leaving;n

1 and/or staying away from the arearn

[ (e) Plaintiffs have been injured by the diminu'wica

[ of the financial value of their preperty and business; thusb

( giving rise to a cause of action under principles of federal

{ common law, the Price-Anderson Act (42 U.S.C. Sections 2210 et6

' seq.), and under the law of the Commonwealth of Pennsylvania.i

p 29. Plaintiffs have suffared physical, mental and

emotional damages, and property damages.,

. 30. The damages to Plaintiffs in the aggregate may atE

i! least equal S560,000,000.00, the statutory figure as to some ofthese causes of action,

k1

j i tGEREFCRE , the Plaintiffs claim damages of theit

c

hhv

f 14.ah

i i .

1 b :1.,

4

|

- . .. . . - _ . . ~ . _ . . -

. .,r(--

I!

|5i

Defendants, jointly and/or severally, in an amount in excess of'f.

Ten Thousand ($10,000.00) Dollars, exclusive of interest and

costs of this suit, including witness fees, and n' reasonable!.

,,,a attorney's fee. Plaintiffs also claim punitive damages.

A JURY TKIAL IS DEMANDED.

i

d COUNT II

| (STRICT LIABILITY)

h ULTRARAtARDOUS ACTIVITYL!; 31. The averments contained in paragraphs (1) throughn .

li (30), suora, are incorporated by reference herein as if fully9

]i- set forth.

32. The nuclear'" accident" which occurred at Three Mile"

..

Island on or about March 28, 1979, was proximately caused by

h the strict liability for an ultrahazardous activity of some er

i.| all of the named defendants, acting eithte alone or in

l,:i combination with each other and/or with othirs in designing,t.

P and/or manufacturing, and/or constructing, and/or maintaining,

i and/or supplying, and/or leasing the nucleir power plant at

9- !, Three Mile Island or component parts thereof.

i[ 33. As a direct and proximate result of the said strictn:

E liability, plaintiffs'have suffered, are suffering, and will ,' a

;...

forth in Section V, s uc r a ,1,continue to suffer, the injuries set

and the damages set forth in paragraph (28), su?ta.

| 34. Plaintiffs have suffered physical, mental and

emotional damages, and property damages.,

Y' 33. The damages to plaintiffs in the aggregate may atp

b least equal 5560,000,000.00, the statutory figure as to some ofYp these causes of actica.

p WHEREFCRE, the Plaintiffs claim damages of thei.

i defendants, jointly and/or severally, in an amount in excess of'i

Ten Thousand (S10,000.00) Dollars, exclusive of interest and i!

i,

.

h

15.a

il

1'

'! -; -

1 -

4

. . . .- -- ..~- . . - - . -

. '~

. ./ . : C'

.

t..

f1

costs of this suit, including witness fees and a reasonable,

atterney's fee. Plaintiffs also claim punitive damages.p< j:) A JURY TRIAL IS DEMAN0ED.

?*

iIl

COUNT III"

'i-'

(STRICT LIABILITY SECTIONS 402A and 402 3)

36. The averments contained in paragraphs (1) through'

$-- (35), suera, are incorporated by reference herein as if fully

')1, set forth.L

] 37. The nuclear " accident" which occurred at Three Milek; Island on or about March 23, 1979, was proximately caused by

the strict liability under Sections 402A and 4023 of the

..

Restatement of Torts 2nd, of some or all of the namedP

y defendants, acting either alone or in combination with each

,other and/or with others.in designing, and/or manufacturing,--.

! and/or constructing, and/or maintaining, and/or supplying,!!

jj and/or leasing the nuclear power plant at Three Mile Island or

; component parts thereof,

i38. As a direct and proximate result of the strict

,

liability under Sections 402A and 402B of the Restatement of* '

i- Torts 2nd, plaintiffs have suffered, are suffering, and will

|tcontinue to suffer the injuries set forth in Section V, runra,

fI and the damages set forth in paragraph (28), suors.L

39. Plaintiffs have suffered physical, mental, and

f| emotional damages, and property damages.l -

*

40. The damages to plaintiffs in the aggregate may at,

..'i 1 east equal S560,000,000.00, the statutory figure as to some of[l'

] these causes of action.

! WHEREFORE, the Plaintiffs claim iamages of theli

|J Defendants, jointly and/or severally, in an amount in excess ofa Ten Thousand ($10,000.03) Dollars, exclusive of interect and|d| costs of this suit, including witness fees and a reasona:le[d-

1 P

e a

0>

'5 16.,

!!

!.

E

s.x}!

a._

1 \%. _ .._. _. - -. .

, ,~ f:! f ,

;

;

attorney's fee. Plaintiffs also claim punitive da. sages.p

A JURY TRIAL 13 DEMANDED.!

'

ei i

h; Respectfully submitted,,

.TARASI & TIGHE

I::

!By" "'

|2 Louis M. Tarasi Jr. /,' 510 Third Avenue .'

Pittsburgh, PA 15219 |eleph ne: (412) 391-7135 1

,

6?.

i. ,I

'

|' By -

Dusan Bratic'

h' Number 4j U.S. Route 15. North[ Dillsburg, PA 17019y Telephone: (717) 432-9706hI Attorneys for Plaintiffs

i

.

1:4.

. t,, ,

l't

-,

..

a

| ..

{iI

| 0

.

N

e!.

'li.ib

!!11

i i.

| j i\ . s.

, i

'

.,.

' ,|

^ 4g, 8

4