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

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**Inspection for defects. Each of Defendants' products were defective when they left the control of each Defendant. Each of Defendants' products at the time of injury to Plaintiffs and Plaintiffs' decedent were used in the manner intended by Defendants, and each of them, and in a manner that was reasonably foreseeable by Defendants, and each of them, as involving a substantial danger not readily apparent to Plaintiffs and Plaintiffs' decedent:**

147. As a direct, proximate and legal cause of the defective design, manufacture, sale, testing, distribution, instructions, advisories and warnings in the use of Defendants' chemicals products, plaintiffs, and each of them, have been caused to suffer the damages set forth above.

148. As a direct, proximate and legal cause of acts and omissions of Defendants, and each of them, Plaintiffs were denied a fair and reasonable opportunity to discover the cause of their injuries and the fraudulent concealment by Defendants sooner than one year from the commencement of this action.

**FOURTH CAUSE OF ACTION: INTENTIONAL BREACH OF LABOR CODE 3602(b)(2) AGAINST DEFENDANT IBM ONLY**

149. Plaintiffs hereby incorporate by reference as though fully set forth each and every allegation of paragraphs 1 through and including 148.

150. At all relevant times Defendant IBM willfully, intentionally and recklessly aggravated each and every such injury by concealing both its knowledge of the existence of such initial injury and its connection to exposure to chemicals in the course of IBM employment, which facts said Plaintiffs and Plaintiffs' decedent were at all relevant times ignorant and by causing Plaintiffs to suffer continued deleterious exposures at work, IBM thereby aggravated the initial injuries of Plaintiffs and Plaintiffs' decedent. Defendant IBM is thus liable for damages for said aggravation of these injuries pursuant to Labor Code Section 3602(b)2.

151. As a direct, proximate and legal cause of the acts of Defendant IBM, plaintiffs, and each of them, have been caused to suffer the damages set forth above.

152. Defendant IBM knew of the extremely high risk of catastrophic and fatal injuries inherent in its failure to act. Notwithstanding, Defendant took no action to warn or otherwise protect IBM employees, including plaintiffs and plaintiffs' decedent, from the extremely dangerous working condition.

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