**APR 12 2000 5:17 PM FR JONES DEP**

**04/10/00 12:24 PM**

**2:3 243 2539 T- 15:3#8:9:4288:22 P.48**

**business partnerships with the electronics industry, including IBM, Defendants, and each of them, knew that their mutagenic, genotoxic, carcinogenic and teratogenic products constituted extremely hazardous and deadly poisons which would be used as constituents in complex mixtures in clean rooms and/or for use in conjunction with other hazardous materials in clean rooms, which were mutagenic, genotoxic, carcinogenic or teratogenic hazardous materials. Such use created the likelihood of great harm to and an extraordinarily high risk of cancer and death to IBM employees, including plaintiffs and plaintiffs' decedent, exposed to Defendants' products, and each of them, and that elimination of the high risk of cancer and death from exposure to Defendants' products could not be accomplished by the exercise of ordinary or reasonable care, but required the absolutely highest level of personal physical protection for all workers from the hazards of chronic, daily, repeated exposures. Without the highest level of education of workers and purchasers, mandating and requiring that Defendants' products could not be used by Defendant IBM unless the living Plaintiff and Plaintiffs decedent were protected by most stringent physical protections and impermeable physical barriers, imposing on Defendant IBM the obligation to conduct regular air monitoring, human biological monitoring and medical removal at the slightest indication of exposure, facilitating the use of Defendants' products under these conditions constituted an ultra-hazardous activity.**

**141. Notwithstanding their intimate knowledge of the workings of high-tech "clean rooms," Defendants, and each of them, never tested the complex chemicals to which they were knowingly facilitating the exposure of IBM employees, including plaintiffs and plaintiffs' decedent, either for genotoxicity, mutagenicity, carcinogenicity and/or teratogenicity. Defendants, and each of them, never evaluated the health effects to workers of exposure to the chemical constituents of Defendants' products or the effect of Defendants' products in the presence of other chemicals known to be used by Defendant IBM in its "clean room" manufacturing operations. Had Defendants, and each of them, conducted such testing and evaluations of their products, it would have confirmed that the only way to eliminate the high degree of risk of harm to the living Plaintiffs and Plaintiffs' decedent from exposure to Defendants' products was to completely isolate Defendants' products from any human exposure, through the use of absolute biological containment, engineering controls that create an impermeable barrier and the use of automated systems that totally isolate Defendants' chemicals from workers' breathing zones and exposed Page 45**

**COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH**

**MM 006996**