62. As a direct, proximate and legal cause of the acts of Defendants, and each of them, the survival action plaintiffs and the living plaintiff have been caused to suffer the damages set forth above IBM's Financially Motivated False Representations

63. At all relevant times IBM has had an economic interest in having a workforce that was happy, productive, content, unconcerned with and unaware of the possibility that working at IBM might jeopardize the health of IBM employees. IBM intended and/or had reason to expect that IBM workers including plaintiffs and their decedent would look to IBM as the logical and obvious conduit for any and all hazard information they needed to do their jobs safely and without risk to their health.

64. At all relevant times IBM knew that sickness, disease and cancer would be caused by a worker's daily and regular exposure to toxic "clean room" chemicals and that these injuries would not be apparent until years, and even decades, after exposure. IBM, for its own financial gain, made a calculated decision to expose its employees to highly toxic chemicals, knowing that its workers would not be aware that they were being injured, and, knowing and intending that IBM workers would look to IBM as the logical and obvious conduit for any and all hazard information needed to do their jobs safely and with out risk to their health.

65. At all relevant times IBM induced Plaintiffs and Plaintiffs' decedent to work at IBM's electronic manufacturing facilities without revealing to them, and concealing from them, IBM's knowledge of the long-term health risks of being exposed to chemicals used in the manufacturing process and furthermore, as a matter of company policy, IBM deceived and misled IBM employees about these risks.

66. IBM managers and other official IBM spokespersons falsely represented to plaintiffs that:
a. IBM manufacturing facilities were totally and absolutely safe;
b. IBM was dedicated to protecting the health of IBM employees;
c. IBM had investigated and knew all potential health hazards in IBM plants; and
d. with that knowledge, IBM was protecting the health of its employees

These statements were false and misleading as is evidenced inter alia by the fact that from 1979 to 1992 Aniceto Balista was deleteriously exposed to chemicals while being advised by IBM managers that his work environment was totally safe and free of health risk. Plaintiff Khalid Haq was deleteriously

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006966