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

**MM 006961**

**FIRST CAUSE OF ACTION: NEGLIGENCE**

**PLAINTIFFS AGAINST ALL DEFENDANTS**

Plaintiffs complain of Defendants, and each of them, as follows:

44. Plaintiffs hereby incorporate by reference as though fully set forth each and every allegation of the foregoing paragraphs 1 through and including 43.

45. At all relevant times, Defendants, and each of them, by their misleading, incomplete, inaccurate and unreliable representations and by their irresponsible decisions on how to convey hazardous information, led IBM employees, including plaintiff and plaintiffs' decedent, to believe the following representations to be true and to rely on these representations as true:

a) That each, every, and all the chemical products sold and supplied by Defendants, and each of them, and used in IBM's San Jose manufacturing processes had been tested and studied for adverse human health effects and had been proven to be safe and free from significant carcinogenic, mutagenic, and immunotoxic effects and that Defendants' chemical products were safe and suitable for use in the manner intended by Defendants, and each of them, even though Defendants, and each of them, had no factual basis for such representations;

b) That as long as exposures to chemicals used in clean rooms were below OSHA permissible exposure limits there was no significant risk of human harm from exposure, when at all relevant

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH