**Complaint for Damages, Personal Injury and Wrongful Death**

**Date:** April 7, 2000

**Plaintiffs' Attorneys:**
- **Alexander, Hawes & Audet, LLP**
- **Amanda Hawes**
- **132 North Third Street, Suite 600**
- **San Jose, California 95112**
- **Telephone: 408 289 1776**

**Page:** 48

**Total Page:** 52

**MM 006999**

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1. created by Defendant. Defendant acted with such indifference to the consequences, in utter and conscious disregard of the safety of IBM employees, including plaintiffs and plaintiffs' decedent, and to children in utero, with such recklessness as to be willful, oppressive, malicious, in disregard for their rights, thereby meriting an award of punitive or exemplary damages. Plaintiffs are not presently aware of the true net worth of Defendant and therefore cannot ascertain an amount which would properly punish them; by way of punitive damages and Plaintiffs pray leave to amend this complaint to insert the same herein when Defendant's true net worth is finally ascertained.

WHEREFORE, plaintiffs, and each of them, pray for judgment against Defendants, and each of them, as follows:

1. In favor of each of the wrongful death plaintiffs for general/non-economic damages for wrongful death and special/economic damages, plus interest on each element of economic damage, when ascertained, for each in an amount in excess of the jurisdictional minimum of the Superior Court.
2. In favor of each of the survival action plaintiff for special/economic damages, plus interest, when ascertained, for each in an amount in excess of the jurisdictional minimum of the Superior Court, plus punitive damages according to proof;
3. In favor of each of the living plaintiffs for general/non-economic damages and special/economic damages, plus interest on each element of economic damage, when ascertained, for each in an amount in excess of the jurisdictional minimum of the Superior Court, plus punitive damages according to proof;
4. For costs of suit; and
5. For such other and further relief as to the Court may seem meet and proper.