UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS

EARPLUG PRODUCTS

LIABILITY LITIGATION

This Document Relates to:

WESLEY HEARON,

PLAINTIFF(S),

v.

3M COMPANY, 

DEFENDANT.

 

Case No. 3:19-md-2885

Judge M. Casey Rodgers

Magistrate Judge Hope T. Cannon

AMENDED MASTER SHORT FORM 

COMPLAINT 

AND JURY TRIAL DEMAND

Civil Action No.: 7:20-cv-26635-MCR-GRJ

MASTER SHORT FORM COMPLAINT AND JURY DEMAND

Plaintiff(s) incorporate(s) by reference the Master Long Form Complaint and 

Jury Trial Demand filed in In re: 3M Combat Arms Earplug Products Liability 

Litigation on September 20, 2019. Pursuant to Pretrial Order No. 17, this Short Form 

Complaint adopts the allegations, claims, and requested relief as set forth in the 

Master Long Form Complaint. As necessary herein, Plaintiff(s) may include: (a) 

additional claims and allegations against Defendants, as set forth in Paragraphs 10

and 11 or an additional sheet attached hereto; and/or (b) additional claims and

allegations against other Defendants not listed in the Master Long Form Complaint, 

as set forth in Paragraphs 12 and 13 or an additional sheet attached hereto. 

Case 7:20-cv-26635-MCR-GRJ Document 4 Filed 09/25/22 Page 1 of 6
2

Plaintiff(s) further allege as follows:

I. DEFENDANTS

1. Plaintiff(s) name the following Defendants in this action:

X 3M Company 

3M Occupational Safety LLC 

Aearo Holding LLC

Aearo Intermediate LLC

Aearo LLC

Aearo Technologies LLC

II. PLAINTIFF(S)

2. Name of Plaintiff:

3. Name of Spouse of Plaintiff (if applicable to loss of consortium claim):

4. Name and capacity (i.e., executor, administrator, guardian, conservator, 

etc.) of other type of Plaintiff, if any:

5. State(s) of residence of Plaintiff(s):

Wesley Hearon

N/A

N/A

TX

Case 7:20-cv-26635-MCR-GRJ Document 4 Filed 09/25/22 Page 2 of 6
3

III. JURISDICTION

6. Basis for jurisdiction (diversity of citizenship or other):

7. Designated forum (United States District Court and Division) in which 

venue would be proper absent direct filing:

IV. USE OF DUAL-ENDED COMBAT ARMS EARPLUG

8. Plaintiff used the Dual-Ended Combat Arms Earplug:

X Yes

No

V. INJURIES

9. Plaintiff alleges the following injuries and/or side effects as a result of 

using the Dual-Ended Combat Arms Earplug:

X Hearing loss

X Sequelae to hearing loss

X Other [specify below]

VI. CAUSES OF ACTION

Diversity of citizenship

Florida Northern District Court, Pensacola Division

Tinnitus

Case 7:20-cv-26635-MCR-GRJ Document 4 Filed 09/25/22 Page 3 of 6
4

10. Plaintiff(s) adopt(s) in this Short Form Complaint the following claims 

asserted in the Master Long Form Complaint and Jury Trial Demand, and 

the allegations with regard thereto as set forth in the Master Long Form 

Complaint and Jury Trial Demand:

X Count I – Design Defect – Negligence 

X Count II – Design Defect – Strict Liability 

X Count III – Failure to Warn – Negligence 

X Count IV – Failure to Warn – Strict Liability 

X Count V – Breach of Express Warranty

X Count VI – Breach of Implied Warranty

X Count VII – Negligent Misrepresentation

X Count VIII – Fraudulent Misrepresentation

X Count IX – Fraudulent Concealment 

X Count X – Fraud and Deceit

X Count XI – Gross Negligence 

X Count XII – Negligence Per Se 

X Count XIII – Consumer Fraud and/or Unfair Trade Practices

Count XIV – Loss of Consortium

X Count XV – Unjust Enrichment

X Count XVI – Punitive Damages

Count XVII – Others [Specify Below]

Case 7:20-cv-26635-MCR-GRJ Document 4 Filed 09/25/22 Page 4 of 6
5

11. If additional claims against the Defendants identified in the Master Long 

Form Complaint and Jury Trial Demand are alleged in Paragraph 10, the 

facts supporting these allegations must be pleaded. Plaintiff(s) assert(s) 

the following factual allegations against the Defendants identified in the 

Master Long Form Complaint and Jury Trial Demand: 

12. Plaintiff(s) contend(s) that the additional parties may be liable or 

responsible for Plaintiff(s)’ damages alleged herein. Such additional 

parties, who will be hereafter referred to as Defendants, are as follows 

(must name each Defendant and its citizenship): 

13. Plaintiff(s) assert(s) the following additional claims and factual 

allegations against other Defendants named in Paragraph 12: 

WHEREFORE, Plaintiff(s) pray(s) for relief and judgment against 

Defendants and all such further relief that this Court deems equitable and just as set 

forth in the Master Long Form Complaint and Jury Demand and any additional relief 

to which Plaintiff(s) may be entitled.

Dated: 09/23/2022 s/ Bryan F. Aylstock

Bryan F. Aylstock, FL Bar No. 78263

Case 7:20-cv-26635-MCR-GRJ Document 4 Filed 09/25/22 Page 5 of 6
6

AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC

baylstock@awkolaw.com

17 East Main Street, Suite 200

Pensacola, FL 32502

Phone: (850) 202-1010

Facsimile: (850) 916-7449

CERTIFICATE OF SERVICE

I do hereby certify that on this 23rd day of September, 2022, a true and 

correct copy of the foregoing was electronically filed with the Clerk of Court and 

served using the CM/ECF system, and will also be served via MDL Centrality.

/s/ Bryan F. Aylstock

Bryan F. Aylstock

Case 7:20-cv-26635-MCR-GRJ Document 4 Filed 09/25/22 Page 6 of 6