Electronically Served

7/12/2021 10:21 AM

ON TIME PROCESS

1

400-274-5804

1 i'41 Prve

TO:

THE STATE OF TEXAS

CITATION

CAUSE NO. CC-21-02778-D

COUNTY COURT AT LAW NO. 4

Dallas County, Texas

SAEFTY-KLEEN SYSTEMS, INC.

SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900

DALLAS TX 75201-3136

"You have been sued. You may employ an attorney. If you or your Attorney do not file a WRITTEN ANSWER with the clerk who issued this citation

by 10:00 A.M. on the Monday next following the expiration of twenty days after you were served this citation and PLAINTIFFS' ORIGINAL

PETITION, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial

disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk.

Find out more at TexasLawHelp.org." Your answer should be addressed to the clerk of County Court at Law No. 4 of Dallas County, Texas at the

Court House of said County, 600 Commerce Street, Suite 101, Dallas, Texas 75202.

RODNEY VANCE; RONEICIA BROWNING INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT

BROWNING; VICTORIA GONZALEZ MARILYN BATES INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF

ARTHUR NEILL BATES ; DONNIE COLLINS; GEORGE DUNNING; STEPHANIE GEE; RAYVEN RICHARDS; DILDRA SEATON

INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HAROLD SEATON; ; SHERRICE BELL INDIVIDUALLY

AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSAN TURNER ; BALANCE BRYANT; TRICIA FROISETH INDIVIDUALLY

AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT GAYLON DEAN ; BENJAMIN WRIGHT, Jr. INDIVIDUALLY AND

AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BENJAMIN WRIGHT SR ; ROBERT BAILEY; EVELYN NELSON INDIVIDUALLY

AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES NELSON; WILLIAM PATE; BLAXSIE MAE CROSS; BILLIE SUE

MCCLANAHAN INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN WALLACE MCCLANAHAN ;

FELICIA BRADLEY INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAUL EDWARD BRADLEY ;

KIMBERLY BOWSER INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SUE NELL TERRELL ; DONALD

TERRELL

Plaintiffs)

VS.

SAEFTY-KLEEN SYSTEMS, INC.

Defendant(s)

filed in said Court on the 9th day of July, 2021, a copy of which accompanies this citation.

WITNESS: JOHN F. WARREN, Clerk of the County Courts of Dallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF

OFFICE, at Dallas, Texas, and issued this 12th day of July, 2021 A.D.

JOHN F. WARREN, Dallas County Clerk

Zzaja., puty

Guisla Hernandez

ATTORNEY

CITATION

PLAINTIFFS' ORIGINAL PETITION

CC-21-02778-D

IN THE COUNTY COURT OF DALLAS

County Court at Law No. 4

Dallas County, Texas

RODNEY VANCE; RONEICIA BROWNING;

VICTORIA GONZALEZ; MARILYN BATES;

DONNIE COLLINS; GEORGE DUNNING;

STEPHANIE GEE; RAY VEN RICHARDS;

DILDRA SEATON; SHERRICE BELL;

BALANCE BRYANT; TRICIA FROISETH;

BENJAMIN WRIGHT, Jr.; ROBERT BAILEY;

EVELYN NELSON; WILLIAM PATE; BLAXSIE

MAE CROSS; BILLIE SUE MCCLANAHAN;

FELICIA BRADLEY; KIMBERLY BOWSER;

DONALD TERRELL, Plaintiff(s)

VS.

SAEFTY-KLEEN SYSTEMS, INC., Defendant(s)

SERVE:

SAEFTY-KLEEN SYSTEMS, INC.

SERVE ITS REGISTERED AGENT CT

CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900

DALLAS TX 75201-3136

ISSUED THIS

12TH DAY OF JULY, 2021

JOHN F. WARREN, COUNTY CLERK

BY: GUISLA HERNANDEZ, DEPUTY

Attorney for Plaintiff

KURT B. ARNOLD

ARNOLD & ITKIN LLP

6009 MEMORIAL DR

HOUSTON TX 77098

713-222-3800

NO OFFICER'S FEES HAVE BEEN

COLLECTED BY DALLAS COUNTY CLERK

EXHIBIT A

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 1 of 23 PageID 10
OFFICER'S RETURN

CC-2 I -02778-D County Court at Law No. 4

RODNEY VANCE, RONEICIA BROWNING, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT BROWNING, VICTORIA GONZALEZ.et al vs.SAEFTY-KLEEN

SYSTEMS, INC.

ADDRESS FOR SERVICE:

SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900

DALLAS TX 75201-3136

Fees:

Came to hand on the day of , 20 , at o'clock .m., and executed in County, Texas by delivering to SAEFTYKLEEN SYSTEMS, INC. in person, a true copy of this Citation together with the accompanying copy of the PLAINTIFFS ORIGINAL PETITION with the date and

service at the following times and places to-wit:

Name Date/Time Place, Course and Distance from Courthouse

4; 

And not executed as to the defendant(s),

The diligence used in finding said defendant(s) being:

and the cause or failure to execute this process is:

and the information received as to the whereabouts of said defendant(s) being:

Serving Petition and Copy , Officer

Total $ , County, Texas

By: , Deputy

, Affiant

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 2 of 23 PageID 11
Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Envelope ID: 55240185

Status as of 7/12/2021 10:21 AM CST

Associated Case Party: RODNEY VANCE

Name BarNumber Email TimestampSubmitted Status

Kurt Arnold e-service@arnolditkin.com 7/12/2021 10:21:07 AM SENT

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 3 of 23 PageID 12
CAUSE NO. CC-21-02778-D

Rodney Vance; Roneicia Browning,

individually and as Personal •

Representative of the Estate of Robert

Browning; Victoria Gonzalez; Marilyn

Bates, individually and as Personal

Representative of the Estate of Arthur

Neill Bates; Donnie Collins; George

Dunning; Stephanie Gee; Rayven

Richards; Dildra Seaton, individually

and as Personal Representative of the

Estate of Harold Seaton; Sherrice Bell,

individually and as Personal

Representative of the Estate of Susan

Turner; Balance Bryant; Tricia

Froiseth, individually and as Personal

Representative of the Estate of Robert

Gaylon Dean; Benjamin Wright Jr.,

individually and as Personal

Representative of the Estate of

Benjamin Wright Sr.; Robert Bailey;

Evelyn Nelson, individually and as

Personal Representative of the Estate of

James Nelson; William Pate; Blaxsie

Mae Cross; Billie Sue McClanahan,

individually and as Personal

Representative of the Estate of John

Wallace McClanahan; Plaintiff Felicia

Bradley, individually and as Personal

Representative of the Estate of Paul

Edward Bradley; Kimberly Bowser;

Donald Terrell, individually and as

Personal Representative of the Estate of

Sue Nell Terrell;

Plaintiffs,

v.

Safety-Kleen Systems, Inc.

Defendant.

IN THE COUNTY COURT OF

DALLAS COUNTY, TEXAS

COURT AT LAW NO.

PLAINTIFFS' ORIGINAL PETITION

FILED

7/9/2021 11:36 AM

JOHN F. WARREN

COUNTY CLERK

DALLAS COUNTY

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 4 of 23 PageID 13
Rodney Vance; Roneicia Browning, suing individually and as Personal Representative

of the Estate of Robert Browning; Victoria Gonzalez; Marilyn Bates, individually and as

Personal Representative of the Estate of Arthur Neill Bates; Donnie Collins; George Dunning;

Stephanie Gee; Rayven Richards; Dildra Seaton, individually and as Personal Representative

of the Estate of Harold Seaton; Sherrice Bell, individually and as Personal Representative of

the Estate of Susan Turner; Balance Bryant; Tricia Froiseth, individually and as Personal

Representative of the Estate of Robert Gaylon Dean; Benjamin Wright Jr., individually and as

Personal Representative of the Estate of Benjamin Wright Sr.; Robert Bailey; Evelyn Nelson,

individually and as Personal Representative of the Estate of James Nelson; and William Pate

("Plaintiffs") complain of Safety-Kleen Systems, Inc. ("Defendant") and will respectfully

show the Court the following:

I.

NATURE OF ACTION 

1. This lawsuit is necessary as a result of Plaintiffs developing serious illnesses,

including but not limited to kidney cancer and non-Hodgkin's lymphoma cancer as a direct

and proximate result of chemical exposure during their work at the Carrier Corporation air

conditioning manufacturing facility in Tyler, Texas. Said chemical were produced

manufacturer and othe'rwise provided to Plaintiffs' place of employment by Defendant.

DISCOVERY 

2. Discovery in this matter may be conducted under Level 2 of the Texas Rules of

Civil Procedure.

2

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 5 of 23 PageID 14
JURISDICTION AND VENUE 

3. This Court has subject-matter jurisdiction in this case because the amount in

controversy exceeds the minimum jurisdictional limits of this Court.

4. This case is not removable pursuant to of 28 U.S.C. 1441. Specifically, the

Defendant in this action is a local, Texas-based entity.

5. This Court has personal jurisdiction over all parties to this case. Defendant is a

for-profit corporations doing business in Texas as defined in TEX. CIV. PRAC. & REM. CODE §

1 7.042. In addition to contracting with Texas entities and committing torts in Texas as

described below, Defendant maintains and has maintained its principal office, in Dallas

County, Texas.

6. Venue is proper in Dallas County, Texas, pursuant to TEX. CIV. PRAC. & REM.

CODE §15.002(a)(3) because Defendant maintains its principal office for the State of Texas,

its decision maker for the organization within the State of Texas. That is, Defendant's

employees in Dallas County are "decision makers" for the company and have "substantially

equal responsibility and authority" relative to other company officials within the state. In re

Mo. Pac. R.R. Co., 998 S.W.2d 212, 217, 220 (Tex. 1999). Indeed, Defendant's website

explicitly states that it is headquartered in Dallas County, Texas:

satetuthleen. SERVICES PRODUCTS MARKETS WE SERVE ABOUT SUPPORT

CONTACT US

Headquarters

1651 North Glenville Gnve:Suite 210

Richardson, TX 75081

Toll Free: 800.323.5040

3

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 6 of 23 PageID 15
;1.

https://www.safety-kleen.com/contact-us.1

7. Venue is also proper in Dallas County, Texas pursuant to TEX. CIV. PRAC. &

REM. CODE §15.002(a)(3) because Defendant maintains an office in the county at which the

amount of activity is significantly larger and substantially predominates in Dallas County,

Texas, rendering it the principal office for the corporation.

IV.

TOLLING OF STATUTE OF LIMITATIONS

8. Plaintiffs did not and could not have reasonably discovered during his

employment at Carrier that his injuries and life-threatening disease resulted from of his

occupational exposure to dangerous chemicals. At the time of his cancer diagnosis, Plaintiffs

did not and could not have reasonably discovered that their cancer and/or illnesses were caused

by harmful exposure to trichloroethylene and benzene during the course of their employment

at Carrier's Tyler, Texas plant.

V.

PARTIES 

9. Plaintiff Rodney Vance is a resident of Texas. Plaintiff Rodney Vance

developed injuries and damages including, but not limited to Non-Hodgkins Lymphoma as a

result of exposure to Defendant's TCE and benzene containing products while working at

Carrier's Tyler, TX plant.

10. Plaintiff Roneicia Browning, suing individually and as Personal Representative

of the Estate of Robert Browning, is a resident of Texas. Decedent Robert Browning developed

I Defendant's website as of July 9, 2021.

4

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 7 of 23 PageID 16
injuries and damages including, but not limited to kidney cancer as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

1 1. Plaintiff Victoria Gonzalez is a resident of Texas. Plaintiff Victoria Gonzalez

developed injuries and damages including, but not limited to Non-Hodgkins Lymphoma as a

result of exposure to Defendant's TCE and benzene containing products while working at

Carrier's Tyler, TX plant.

12. Plaintiff Marilyn Bates, suing individually and as Personal Representative of

the Estate of Arthur Neill Bates, is a resident of Texas. Plaintiff Decedent Bates developed

injuries and damages including, but not limited to Non-Hodgkins Lymphoma and multiple

myeloma as a result of exposure to Defendant's TCE and benzene containing products while

working at Carrier's Tyler, TX plant.

1 3. Plaintiff Donnie Collins is a resident of Texas. Plaintiff Collins developed

injuries and damages including, but not limited to Non-Hodgkins Lymphoma as a result of

exposure to Defendant's TCE and benzene containing products while working at Carrier's

Tyler, TX plant.

14. Plaintiff George Dunning is a resident of Texas. Plaintiff Dunning developed

injuries and damages including, but not limited to Non-Hodgkins Lymphoma as a result of

exposure to Defendant's TCE and benzene containing products while working at Carrier's

Tyler, TX plant.

15. Plaintiff Stephanie Gee is a resident of Texas. Plaintiff Gee developed injuries

and damages including, but not limited to Non-Hodgkins Lymphoma as a result of exposure

to Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX

plant.

5

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 8 of 23 PageID 17
)

16. Plaintiff Rayven Richards is a resident of Texas. Plaintiff Richards injuries and

damages including, but not limited to Non-Hodgkins Lymphoma as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

17. Plaintiff Dildra Seaton, suing individually and as Personal Representative of

the Estate of Harold Seaton, is a resident of Texas. Decedent Seaton developed injuries and

damages including, but not limited to Non-Hodgkins Lymphoma as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

1 8. Plaintiff Sherrice Bell, suing individually and as Personal Representative of the

Estate of Susan Turner, is a resident of Texas. Decedent Bell developed injuries and damages

including, but not limited to multiple myeloma as a result of exposure to Defendant's TCE and

benzene containing products while working at Carrier's Tyler, TX plant.

19. Plaintiff Balance Bryant is a resident of Texas. Plaintiff Bryant developed

injuries and damages including, but not limited to kidney cancer as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

20. Plaintiff Tricia Froiseth, suing individually and as Personal Representative of

the Estate of Robert Gaylon Dean, is a resident of Texas. Decedent Dean developed injuries

and damages including, but not limited to multiple myeloma as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

21. Plaintiff Benjamin Wright Jr., suing individually and as Personal

Representative of the Estate of Benjamin Wright Sr., is a resident of Texas. Decedent Wright

developed injuries and damages including, but not limited to kidney cancer as a result of

exposure to Defendant's TCE and benzene containing products while working at Carrier's

Tyler, TX plant.

6

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 9 of 23 PageID 18
22. Plaintiff Robert Bailey is a resident of Texas. Plaintiff Bailey developed

injuries and damages including, but not limited to kidney cancer as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

23. Plaintiff Evelyn Nelson, suing individually and as Personal Representative of

the Estate of Benjamin Nelson, is a resident of Texas. Decedent Nelson developed injuries and

damages including, but not limited to Non-Hodgkins Lymphoma as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

24. Plaintiff William Pate is a resident of Texas. Plaintiff Pate developed injuries

and damages including, but not limited to leukemia as a result of exposure to Defendant's TCE

and benzene containing products while working at Carrier's Tyler, TX plant.

25. Plaintiff Blaxsie Mae Cross is a resident of Texas. Plaintiff Pate developed

injuries and damages including, but not limited to kidney cancer as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

26. Plaintiff Billie Sue McClanahan, suing individually and as Personal

Representative of the Estate of John Wallace McClanahan, is a resident of Texas. Decedent

McClanahan developed injuries and damages including, but not limited to multiple myeloma

as a result of exposure to Defendant's TCE and benzene containing products while working at

Carrier's Tyler, TX plant.

27. Plaintiff Felicia Bradley, suing individually and as Personal Representative of

the Estate of Paul Edward Bradley, is a resident of Texas. Decedent Bradley developed injuries

and damages including, but not limited to multiple myeloma as a result of exposure to

Defendant's TCE and benzene containing products while working at Carrier's Tyler, TX plant.

7

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 10 of 23 PageID 19
28. Plaintiff Kimberley Bowser, adult child of Paul Edward Bradley, is a Texas

resident who sustained injuries and damages when her father died as a result of multiple

myeloma due to exposure to Defendant's TCE and benzene containing products while working

at Carrier's Tyler, TX plant.

29. TCE and benzene containing products while working at Carrier's Tyler, TX

plant.

30. Plaintiff Donald Terrell, suing individually and as Personal Representative of

the Estate of Sue Nell Terrell, is a resident of Texas. Decedent Terrel developed injuries and

damages including, but not limited to lymphoma as a result of exposure to Defendant's TCE

and benzene containing products while working at Carrier's Tyler, TX plant.

31. Defendant Safety-Kleen Systems, Inc. may be served with process, by and

through, its registered agent: C T Corp System, 1999 Bryan Street, Suite 900, Dallas, TX

75201-3136.

VI.

FACTS

32. Plaintiffs worked for Carrier Corporation in the press shop, coil shop, and other

areas of the Tyler, TX air conditioning plant during and after the times at which Defendant

supplied trichloroethylene ("TCE") and benzene to the facility. During that employment,

Plaintiff was frequently exposed to TCE and benzene.

33. At all relevant times, Defendant supplied Carrier with chemical solvents

containing TCE, including but not limited to a solvent known as "105 Solvent", to be used by

Carrier as a degreasing agent. Among other ingredients, the 105 Solvent contained TCE and

benzene.

8

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 11 of 23 PageID 20
34. TCE is a chemical solvent mainly used in industrial and commercial processes,

including vapor degreasing. Vapor degreasing is a cleaning process for fabricated parts that

involves heating solvents like TCE in a degreasing unit to a hot vapor. The vapor condenses

onto parts placed in the unit and carries contaminants away from those parts as it beads and

then drips off. Plaintiffs were exposed to TCE and benzene in this manner, and in other ways,

during their time at Carrier.

35. Much of what is known about the human health effects of TCE and benzene is

based on occupational exposures. Workplace exposure to TCE carries serious health risks,

including the risk of non-Hodgkin's lymphoma cancer. These health risks were known at the

time of Plaintiffs' employment.

36. TCE is classified by the Environmental Protection Agency ("EPA") as a known

human carcinogen. TCE is also classified as a HAP as defined by Section 112(b) of the Clean

Air Act. TCE is further defined as a halogenated solvent under EPA statutory definitions. See

40 CFR Subpart 63.460. Under the latter provision, Carrier was required to submit annual

reports to the EPA.

37. Carrier's Tyler plant was a significant emitter of both Hazardous Air Pollutants

(HAPs) and Volatile Organic Compounds (VOCs), specifically stemming from its TCE

consumption.

38. As a direct result of their frequent exposure to TCE, benzene, and/or other

hazardous chemicals, Plaintiffs developed non-Hodgkin's lymphoma, kidney cancer, and other

life-threatening ailments.

39. Defendant sold, provided, manufactured, delivered, and/or otherwise made

available TCE, benzene, and other hazardous chemicals to Defendant Carrier for use at its

9

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 12 of 23 PageID 21
Tyler, TX facility. Defendant's principal place of business and "nerve center" where business

decisions are made is in Richardson, TX.

40. An internal memorandum from Defendant's then-Product and Process

Development Manager Paul Dittmar evinced Defendant's prior knowledge as to the hazardous,

carcinogenic effects of its product. In his memorandum, Dittmar emphasized the dangerous

level of contamination in Defendant's products, including 105 Solvent, specifically, but not

limited to, the presence of benzene. Dittmar additionally implored Defendant to utilize a

different technology known as fractional distillation in order to eliminate benzene and

drastically reduce the 105 Solvent's chlorinated content. Dittmar further demonstrated that

such a technological shift would have a negligible financial impact on Defendant's production

costs.

41. Nevertheless, Defendant chose not to opt for this inexpensive, less dangerous,

and ethical option in designing, producing, manufacturing, and distributing its product.

42. Defendant concealed from consumers including Plaintiff that its product was

contaminated with highly toxic carcinogens, including, but not limited to, benzene, TCE,

tetrachloroethylene, and many other known toxic substances, which Defendant knew had

deleterious effects on human health of those exposed to said substances.

43. Plaintiffs were resultant exposed to dangerous amounts of benzene through the

regular and foreseeable use of the Safety-Kleen 105 solvent.

44. Specifically, the 105 Solvent would flow in a stream through the air in an open

system, causing the carcinogens in the solvent to volatilize in the immediate breathing area of

the persons near the parts washer and/or degreaser units, causing Plaintiffs to inhale the toxic,

carcinogenic chemicals.

10

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 13 of 23 PageID 22
45. Because of Defendant's wrongful conduct described herein, Plaintiffs suffered

serious and lasting injuries.

VII.

CAUSES OF ACTION 

A. Products Liability Against Defendant

46. Plaintiffs incorporate all prior paragraphs herein by reference.

47. Defendant is liable under Section 82.003(a) of the Texas Civil Practice and

Remedies Code as a non-manufacturing seller because Defendant is engaged in the business

of distributing or otherwise placing, for commercial purposes, into the stream of commerce

TCE, benzene, and other hazardous chemicals.

48. Defendant is liable under a products liability theory pursuant to Section

82.003(a) of the Texas Civil Practice and Remedies Code because it participated in the design

of the product and/or modified the product and Plaintiffs' harms resulted from the design,

alteration, or modification. Additionally, Defendant either had actual or constructive

knowledge of thc dangerous condition of thc TCE, benzene, and other hazardous chemicals

when they sold it for use in Plaintiffs' workplace.

49. Defendant manufactured, designed, distributed, and/or sold the TCE, benzene,

and other hazardous chemicals which injuied Plaintiffs, with design, manufacturing, andiui

marketing defects.

50. Manufacturing Defect: The equipment was designed, manufactured,

distributed, and/or sold with one or more manufacturing defects. Defendant sold the defective

TCE, benzene, and other hazardous chemicals and allowed a deviation in the quality of

construction, assembly, installation, plan, and/or specifications rendering the TCE, benzene,

I I

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 14 of 23 PageID 23
and other hazardous chemicals unreasonably dangerous. Specifically, the combination of the

defective TCE, benzene, and other hazardous chemicals rendered the chemicals unreasonably

dangerous.

51. Design Defect: The equipment was designed, manufactured, distributed and/or

sold with one or more design defects:

a. Defendant designed the TCE, benzene, and other hazardous chemicals in an

unreasonably dangerous manner;

b. Defendant knew of safer alternative designs that were available at the time;

c. The safer alternative designs would have prevented or significantly reduced

the above risks without substantially impairing product's utility;

d. The safer alternative design was economically and technologically feasible

at the time the TCE, benzene, and other hazardous chemicals left the control

of Defendant; and

e. The design defect(s) rendered the TCE, benzene, and other hazardous

chemicals unreasonably dangerous.

52. Marketing Defect and Failure to Warn: The TCE, benzene, and other

hazardous chemicals were designed, manufactured, distributed, and/or sold with one or more

marketing defects:

a. There was an unreasonable risk in the intended or reasonably foreseeable

use of such TCE, benzene, and other hazardous chemicals;

b. Defendant knew, foresaw, or should have known of or foreseen the above

risks;

c. Defendant failed to adequately warn Plaintiffs of the risks, failed to instruct

1 2

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 15 of 23 PageID 24
Plaintiffs of the above risks, and/or failed to adequately instruct Plaintiffs

how to avoid the dangers;

d. The marketing defect(s) rendered the TCE, benzene, and other hazardous

chemicals unreasonably dangerous.

53. The design, manufacturing, and/or marketing defect(s), rendered the TCE and

benzene unreasonably dangerous.

54. Plaintiffs are also entitled to exemplary damages because the aforementioned

actions and/or inactions of Defendant amounts to gross negligence. Defendant was aware of

the risks involved with using these chemicals and nevertheless proceeded in a fashion that

constitutes conscious indifference to Plaintiffs' safety and welfare. Defendant's actions and/or

inactions, viewed objectively, subjected Plaintiffs to an extreme degree of danger.

55. As a direct and proximate result of Defendant's negligence and gross

negligence, Plaintiffs sustained severe injuries to his body and mind, which resulted in physical

pain, mental anguish, and medical problems. Plaintiffs have also suffered a loss of earnings in

the past, as well as a loss of future earning capacity. Plaintiffs have been damaged in a sum far

in excess of the minimum jurisdictional limits of this Honorable Court, for which he now sues.

B. Negligence

56. Plaintiff incorporates by reference preceding paragraphs as though fully stated

herein.

57. Plaintiffs used, worked with, around, and in close proximity to, handled,

inhaled, dermally absorbed, ingested, and was otherwise directly and indirectly exposed to

Defendant's various aforementioned TCE and benzene-containing products, chemicals, and

solvents, including, without limitation, the 105 Solvent in both its recycled and virgin forms.

1 3

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 16 of 23 PageID 25
58. Defendant knew, or in the exercise of reasonable care should have known, that

employees including Plaintiffs would use, work with, around, and in close proximity to,

handle, inhale, dermally absorb, ingest, and otherwise be directly and indirectly exposed to

hazardous chemicals such as TCE and benzene in the form of products including 105 Solvent.

59. Defendant, knew or with the exercise of reasonable care should have known,

that their aforementioned benzene and TCE-containing products, including, without limitation,

the 105 Solvent were highly carcinogenic, inherently defective, ultra-hazardous, unreasonably

dangerous, poisonous, and otherwise highly harmful to the body and health of Plaintiffs and

other employees similarly situated.

60. Plaintiffs and other similarly situated Carrier employees did not know the nature

and extent of the danger to their bodies and health, including the advanced risk for nonHodgkin's lymphoma, cancer, endocrinic and liver diseases and damage, and other maladies

caused directly by exposure to the aforementioned benzene and TCE-containing products,

including, without limitation, 105 Solvent.

61. Defendant knew, or with the exercise of reasonable care should have known,

that Plaintiffs and other similarly situated employees would come into direct and indirect

contact with, handle, inhale, ingest, dermally absorb, and otherwise be exposed to benzene and

TCE through their products, including, without limitation, 105 Solvent, during their ordinary

and foreseeable use.

62. Defendant had a duty to all consumers, workers, and employers to exercise

reasonable care in creating, manufacturing, designing, producing, processing, marketing,

selling, warning, distributing, and otherwise placing their product into the stream of commerce.

This includes a duty to assure that their products, chemicals, and solvents did not pose a risk

14

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 17 of 23 PageID 26
of injury, harm, disease, and death, including cancers such as non-Hodgkin's Lymphoma, as

well as other diseases and damages directly attributable to their product.

63. Defendant breached its duty and was negligent as, despite their knowledge of

the aforementioned defects and hazardous effects of their products, it nonetheless:

a. manufactured, produced, designed, processed, sold, marketed, supplied,

distributed, and/or otherwise placed into the stream of commerce their

various TCE and benzene-containing products, chemicals, and solvents,

including but without limitation 105 Solvent, that they knew to be

carcinogenic and at risk for causing other significant liver, endocrinic,

and neurological impairment, dysfunction, and damage;

b. Failed to take. adequate precautions to warn Plaintiffs and similarly

situated employees that their products were carcinogenic and known to

also result in liver, endocrinic, and neurological impairment,

dysfunction, and damage;

c. Failed to take adequate precautions to warn Plaintiffs and similarly

situated employees of reasonably safe, sufficient, and necessary

safeguards, personal protective equipment, apparel, appliances, and

controls to reasonably protect them from exposure to the risks inherent

in their aforementioned products;

e. Continued to manufacture, produce, distribute, sell, process, market, and

otherwise place into the stream of commerce these products which were

at all times known by Defendant to be highly carcinogenic and/or

associated with liver, endocrinic, and neurological impairment,

1 5

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 18 of 23 PageID 27
dysfunction, and damage;

f. Failed to comply with all federal, state, local, and trade statutes, codes,

regulations, laws, and ordinances relating to TCE and benzene, including

actions required to determine and analyze the hazardous qualities of their

products and the warnings and instructions accompanying the same,

pursuant to, and without limitation, 29 CFE 1910.1200, CFR 1910.1028,

and 49 CFR Parts 100-199;

g. Failed to take all reasonable, necessary, proper, and prudent measures to

test their aforementioned products to determine the content and quantity

of benzene and TCE released into the breathing zone of the end user and

dermally absorbed by the user during these products' ordinary, intended,

and foreseeable use;

h. Failed to test these products for health hazards, including the substantial

risk of cancer (including non-Hodgkin's lymphoma) and other liver,

endocrinic, and neurological impairments, dysfunction, and damages.

64. As a direct and proximate result of Defendant's acts and omissions, Plaintiffs

developed, suffers, and will continue to suffer from life-threatings illnesses including nonHodgkin's lymphoma, kidney cancer, multiple myeloma, and the numerous side effects,

conditions, and illnesses caused by these illnesses, which have caused and will continue to

cause Plaintiffs pain, suffering, disability, impairment, mental anguish, physical harm, and a

substantially increased risk for a shorter life expectancy, In addition, as a direct and proximate

result of Defendant's acts and omissions, Plaintiffs require ongoing, necessary medical

treatment for their injuries, which in turn necessitates and will continue to necessitate

16

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 19 of 23 PageID 28
hospitalizations, medicines, and other treatment for their illnesses and injuries and will incur

additional, substantial economic expenses and losses.

VIII.

JURY TRIAL

65. Plaintiffs hereby request a trial by jury on all claims and submits their jury fee

herewith.

Ix.

PRAYER 

Plaintiffs pray that this citation issue and be served upon Defendant in a form and

manner prescribed by law, requiring Defendant appear and answer, and that upon final hearing,

Plaintiffs have judgment against Defendant in a total sum in excess of the minimum

jurisdictional limits of this Court, plus pre-judgment and post-judgment interests, all costs of

Court, and all such other relief to which Plaintiffs show themselves justly entitled. As required

by Rule 47 of the Texas Rules of Civil Procedure, Plaintiffs affirmatively state that they seek

damages in excess of $1,000,000 and prays for relief and judgment, as follows:

• Compensatory damages against Defendant;

• Actual damages;

• Consequential damages;

• Pain and suffering;

• Exemplary damages;

• Past and future mental anguish;

• Past and future impairment;

• Past and future wage loss;

17

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 20 of 23 PageID 29
• Past and future medical costs;

• Interest on damages (pre-judgment and post-judgment) in accordance with

the law;

• Costs of court;

• Expert witness fees;

• Cost of copies of depositions; and

• Such other and further relief as the Court may deem just and proper.

Respectfully Submitted,

/s/ Kurt Arnold

Kurt B. Arnold

SBN: 24036150

karnold@arnolditkin.com 

Caj D. Boatright

SBN: 24036237

cboatright@arnolditkin.com 

Roland T. Christensen

SBN: 24101222

rchristensen@arnolditkin.com

Joseph F. McGowin

SBN: 24117268

jmcgowin@arnolditkin.com 

ARNOLD & ITKIN LLP

6009 Memorial Drive

Houston, Texas 77007

Tel: 713.222.3800

Fax: 713.222.3850

e-service@arnolditkin.com

ATTORNEYS FOR PLAINTIFFS

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 21 of 23 PageID 30
/s/ Chuck Cowan 

C.D. "Chuck" Cowan

State Bar No. 04911150

chuckcowan@tyler.net

THE LAW OFFICES OF C.D. COWAN, P.C.

414 S Bonner Ave, Tyler, TX 75702

Tel: (903) 597-5500

Fax: (903) 597-5598

ATTORNEY FOR PLAINTIFFS

/s/ Mark Mueller

Mark Mueller

State Bar No. 14623500

mark@muellerlaw.com

MUELLER LAW, PLLC

404 W. 7th St.

Austin, Texas 78701

Tel: 512-478-1236

Fax: 512-478-1473

ATTORNEY FOR PLAINTIFFS

1 9

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 22 of 23 PageID 31
Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Cristal Becerra on behalf of Kurt Arnold

Bar No. 24036150

cbecerra@arnolditkin.com

Envelope ID: 55192437

Status as of 7/12/2021 8:39 AM CST

Associated Case Party: RODNEY VANCE

Name BarNumber Email TimestampSubmitted Status

Kurt Arnold e-service@arnolditkin.com 7/9/2021 11:36:47 AM SENT

Cristal Becerra cbecerra@arnolditkin.com 7/9/2021 11:36:47 AM SENT

Joseph McGowin jmcgowin@arnolditkin.com 7/9/2021 11:36:47 AM SENT

Mark R. Mueller 14623500 mark@muellerlaw.com 7/9/2021 11:36:47 AM SENT

C.D. "Chuck"Cowan chuckcowan@tyler.net 7/9/2021 11:36:47 AM SENT

Case 3:22-cv-02228-B Document 1-1 Filed 09/13/21 Page 23 of 23 PageID 32