UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA LEONARD SAMUELSON ) ) Plaintiff, ) ) -vs- ) CIVIL ACTION NO.: ) UNITED STATES STEEL CORPORATION, ) Individually, f/k/a United States Steel LLC, ) and f/k/a USX Corporation; ) RADIATOR SPECIALTY COMPANY; and ) BERRYMAN PRODUCTS, INC., ) ) Defendants. ) ) COMPLAINT NOW COMES, LEONARD SAMUELSON, hereinafter referred to as Plaintiff, complaining of UNITED STATES STEEL CORPORATION, Individually, f/k/a United States Steel LLC, and f/k/a USX Corporation, RADIATOR SPECIALTY COMPANY, and BERRYMAN PRODUCTS, INC., hereinafter collectively referred to as Defendants, and for causes of action would respectfully show this Court and Jury the following: PARTIES 1. Plaintiff, Leonard Samuelson is a resident of Clearwater, Minnesota. 2. Defendant, UNITED STATES STEEL CORPORATION, Individually, f/k/a United States Steel LLC, and f/k/a USX Corporation, is a Delaware Corporation doing business in the State of Minnesota with its principal place of business in Pittsburgh, Pennsylvania and may be served with process through its registered agent for service: Corporation Service Company, 2345 Rice Street, Suite 230, Roseville, MN 55113.
3. Defendant, RADIATOR SPECIALTY COMPANY is a North Carolina Corporation doing business in the State of Minnesota with its principal place of business in Charlotte, North Carolina and may be served with process by serving its President and CEO, Mike Guggenheimer at 600 Radiator Road, Indian Trail, North Carolina 28079. 4. Defendant, BERRYMAN PRODUCTS, INC. is a Texas Corporation doing business in the State of Minnesota with its principal place of business in Arlington, Texas and may be served with process by serving its President, Maurice Blankenship at 3800 E. Randol Mill Road, Arlington, Texas 76011. JURISDICTION AND VENUE 5. This Court has jurisdiction over the lawsuit pursuant to 28 U.S.C. 1332(a)(1) because Plaintiff and Defendants are citizens of different states, and the amount in controversy exceeds $75,000.00, excluding interests and costs. 6. Venue is proper pursuant to 28 U.S.C. 1391(b)(2) because a substantial part of the acts and omissions occurred in this judicial district including, but not limited to, Plaintiff s use of and exposures to Defendants benzene-containing products occurred in the District of Minnesota. Additionally, Plaintiff resides in the District of Minnesota. FACTS 7. Defendant, Radiator Specialty Company manufactured, marketed, supplied, distributed, and/or sold benzene-containing automotive solvent products, specifically Liquid Wrench, which was formulated with raffinate. Defendant United States Steel Corporation, Individually, f/k/a United States Steel LLC, and f/k/a USX Corporation manufactured, marketed, supplied, distributed, and/or sold benzene-containing raffinate to Defendant Radiator Specialty Company. Defendant Berryman Products, Inc. manufactured, marketed, supplied, distributed, Page 2 of 9
and/or sold benzene-containing automotive solvent products, specifically Berryman B-12 Chemtool Carburetor, Choke, and Throttle Body Cleaner and Berryman Brake Parts Cleaner. 8. Plaintiff, Leonard Samuelson worked as an automotive mechanic and hobbyist performing various types of mechanical work from approximately 1958 to 2012. Specifically, Leonard Samuelson worked in automotive repair at the following locations: a. Pontiac Dealer Alexandria, Minnesota (1958-1960); b. Chevrolet Dealer Alexandria, Minnesota (1961-1963); c. Berghuis Construction Alexandria, Minnesota (1963-1973); d. Hoffman Brothers Appleton, Minnesota (1976-1977); e. D.H. Blattner & Sons Avon, Minnesota (1980-1989); and f. C.S. McCrossan Maple Grove, Minnesota (1989-2012). 9. In the course of his work as an automotive mechanic/repairman, Leonard Samuelson was exposed to dangerous levels of benzene by working with and being exposed to various benzene-containing solvent products which were manufactured, marketed, supplied, sold, and/or distributed by Defendants. Specifically, Leonard Samuelson was exposed to each respective Defendant s products including, but not limited to the following on a daily and/or weekly basis from 1958 through 2012: a. Radiator Specialty Company: Liquid Wrench; b. United States Steel Corporation: Raffinate (Liquid Wrench); and c. Berryman Products, Inc.: Berryman B-12 Chemtool Carburetor, Choke, and Throttle Body Cleaner and Berryman Brake Parts Cleaner. 10. As a user and consumer of the products supplied by Defendants, Plaintiff, Leonard Samuelson was exposed to dangerous carcinogenic materials including but not limited to benzene and benzene-containing solvents without knowledge or warning about these dangerous materials. At the time Leonard Samuelson was exposed to these substances, he was unaware of the detrimental effects these products would cause to his body. Page 3 of 9
11. As a direct and proximate result of his exposure to toxic solvents and chemicals, Plaintiff, Leonard Samuelson developed Myelodysplastic Syndrome (MDS) as diagnosed on or about October 2012. His exposures to Defendants benzene-containing products were a legal cause of his disease, MDS, including related blood and DNA abnormalities, and other genotoxic effects from such exposures culminating in the ultimate manifestation of MDS. COUNT I NEGLIGENCE (as to All Defendants) 12. All of the allegations contained in the previous paragraphs are re-alleged herein. This count is applicable to all Defendants. 13. Plaintiff, Leonard Samuelson would show that he was exposed to a deadly situation by all the Defendants in this case. Plaintiff alleges, as more specifically set out below, that he contracted Myelodysplastic Syndrome, and such illness was proximately caused by Defendants negligent acts, and by his exposure to and use of products designed, produced, manufactured, marketed, placed into the system of commerce, sold or used by Defendants. 14. Plaintiff, Leonard Samuelson s illness and subsequent damages are a direct and proximate result of the negligence of each Defendant or, where applicable, the employee or the agent of one or more Defendants. 15. Defendants, at all times material to this action had a duty to any and all consumers and workers, including Leonard Samuelson, to exercise reasonable care in creation, manufacturing, production, and distribution of their respective products into the stream of commerce, including a duty to assure the products did not pose a significantly increased risk of injury, including, without limitation, leukemia and other diseases of the lymphatic and Page 4 of 9
hematopoietic systems. Defendants breached the duty owed to Plaintiff and were negligent in the following respects: a. Defendants knew or should have known that the products they utilized, distributed, marketed, manufactured, or otherwise placed into the stream of commerce, including toxic solvents and chemicals, were deleterious, poisonous, carcinogenic, and highly harmful to the body and health of Plaintiff; notwithstanding which, Defendants failed to take any precautions or to warn the Plaintiff of the dangers and harm to which he was exposed while handling these products; b. Defendants knew or should have known that products used by or in proximity to Plaintiff, including toxic solvents and chemicals, were carcinogenic, deleterious, and highly harmful to his body and health and that Plaintiff would not have known of such dangerous properties; notwithstanding which, the Defendants failed to provide Plaintiff with sufficient knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliances to protect him from being damaged by exposure to such products; c. Defendants knew or should have known that the products used by or in proximity to Plaintiff, including toxic solvents and chemicals, contained carcinogenic and highly harmful substances to the human body and health; notwithstanding which, the Defendants failed to take any precautions or to exercise care by placing any warnings or cautions on the containers of such products or the products themselves to warn the handlers thereof, including the Plaintiff, of the dangers to health in coming into contact with these products; d. Defendants knew or should have known that the products used by or in proximity to Plaintiff contained deleterious and carcinogenic substances; notwithstanding which, the Defendants failed to take reasonable care to warn the Plaintiff of said danger and/or to instruct the Plaintiff in the proper handling of said products or to take proper precautions or exercise care to protect the Plaintiff from harm, and failed to timely adopt, disseminate and enforce any safety plan and/or method of handling these dangerous products; e. Defendants knew or should have known that their products that they introduced into the stream of commerce were carcinogenic and failed to adequately warn; f. Defendants supplied products with marketing, design, and/or manufacturing defects; g. Defendants created a dangerous condition on the premises of other entities; h. Defendants failed to implement and/or utilize then-available safer alternative designs with respect to their products; and Page 5 of 9
i. Such other acts or omissions of negligence, gross negligence, malice and/or strict products liability that may be proven at trial. 16. Such acts and omissions constituting negligence were a proximate cause of the illness, injuries and damages sustained by Plaintiff, Leonard Samuelson. COUNT TWO IMPLIED WARRANTY OF MERCHANTABILITY (as to All Defendants) 27. All of the allegations contained in the previous paragraphs are re-alleged herein. This count is applicable to all Defendants. 28. The products and/or materials to which Leonard Samuelson used and was exposed to were designed, produced, manufactured, marketed, sold and/or otherwise put into the stream of commerce by Defendants, and were used for their intended purpose. 17. Plaintiff would further show that the products in questions were defective and not reasonably fit for the ordinary purposes and uses for which they were intended at the time they left the hands of the Defendants in that Defendants defectively designed said products by way of including benzene as a constituent or contaminant, and also failed to give the users adequate warnings or instructions concerning product dangers that were known or should have been known to the Defendants by the application of reasonably developed skill and foresight. The failures to warn on the part of the Defendants rendered such products unreasonably dangerous at the time they left the hands of the Defendants and were the proximate cause of Leonard Samuelson s resulting Myelodysplastic Syndrome and the damages he sustained. DAMAGES 27. Plaintiff, Leonard Samuelson was diagnosed with Myelodysplastic Syndrome on or about October 2012, and continues to undergo extensive treatment for his disease. The conduct of Defendants, as alleged hereinabove, was a direct, proximate and producing cause of Page 6 of 9
the injuries and illness to Leonard Samuelson, and the following general and special damages that Plaintiff sustained: a. Reasonable and necessary medical expenses incurred by Leonard Samuelson in the past; b. Reasonable and necessary medical expenses to be incurred by Leonard Samuelson in the future; c. The conscious physical pain and suffering and mental anguish sustained by Leonard Samuelson in the past and future; d. The physical impairment suffered by Leonard Samuelson; e. The disfigurement suffered by Leonard Samuelson; f. Loss of earnings suffered by Leonard Samuelson, past and future; g. The mental anguish suffered by Plaintiff due to his injuries and illness; and h. Plaintiff seeks punitive and exemplary damages. 28. As a direct and proximate result of Defendants conduct, Plaintiff suffered injuries and damages set forth herein in excess of $75,000.00, excluding interests and costs. JURY DEMAND 29. Plaintiff demands a trial by jury on all counts. PRAYER WHEREFORE, as so far as the law and this Court allows, Plaintiff demands judgment against each Defendant on each count as follows: a. all special and economic damages, including medical expenses and lost income; b. all general damages, including the pain, suffering, and mental anguish of Plaintiff; c. costs, attorneys fees, and multiple damages; d. pre- and post-judgment interest and all other interest recoverable; and e. such other additional relief to which Plaintiff is entitled in law or equity. Page 7 of 9
Respectfully submitted, Date: January 15, 2016 By: /s/ Jason L. DePauw LOCAL COUNSEL To Serve: United States Steel Corporation Corporation Service Company 2345 Rice Street Suite 230 Roseville, MN 55113 Radiator Specialty Company Mike Guggenheimer 600 Radiator Rd. Indian Trail, NC 28079 Harper & Peterson, P.L.L.C. William D. Harper #41385 Jason L. DePauw #0392150 3040 Woodbury Drive Woodbury, MN 55129 T: 651-738-8539 F: 651-738-8669 wdharper@hpinjurylaw.com jldepauw@hpinjurylaw.com AND SHRADER & ASSOCIATES, L.L.P. Keith E. Patton Subject to Admission Pro Hac Vice David J. Baluk Subject to Admission Pro Hac Vice 3900 Essex Lane, Suite 390 Houston, Texas 77027 (713) 782-0000 (713) 571-9605 (fax) keith@shraderlaw.com david@shraderlaw.com ATTORNEYS FOR PLAINTIFF Page 8 of 9
Berryman Products, Inc. Maurice Blankenship 3800 E Randol Mill Rd Arlington, TX 76011 Page 9 of 9