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

**Page 3**

**MM 006954**

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1. cancer suffered by their decedent and exposure to carcinogenic chemicals while employed at IBM within one year of filing this complaint. These plaintiffs are also referred to herein as "the wrongful death plaintiffs."

2. Manuela Batista, designated as the "successor in interest" to Aniceto Batista, the deceased employee of IBM brings a separate survival action to recover damages for the losses the decedent sustained or incurred before death, including punitive damages that the decedent would have been entitled to recover had the decedent lived, excluding any damages for pain, suffering or disfigurement.

3. Manuela Batista first discovered a possible association between the cancer suffered by Aniceto Batista and exposure to carcinogenic chemicals while employed at IBM within one year of filing this complaint. These plaintiffs are also referred to herein as "the survival action plaintiffs."

4. At all relevant times decedent Aniceto Batista was an employee or former employee of IBM. Plaintiff Manuela Batista is the surviving spouse of Aniceto Batista, deceased, and Plaintiffs Susie Roebeck, Mary Batista Medland and Manuela (Nellie) Batista are the children of Aniceto Batista and they bring this action individually, and as successors in interest to Aniceto Batista, deceased.

**THE LIVING PERSONAL INJURY PLAINTIFF**

5. The plaintiff identified in the following paragraph, who has suffered severe personal injuries and who continues to live, is also referred to herein as "the living plaintiff." The living plaintiff suffering personal injuries first discovered a possible association between plaintiff's cancer and his exposure to carcinogenic chemicals while employed at IBM within one year of filing this complaint.

6. At all relevant times Plaintiff Khalid Haq has been an employee or former employee of Defendant IBM. Plaintiff Khalid Haq brings this action individually for being caused to suffer severe personal injuries.

**DEFENDANTS**

7. At all relevant times, Defendant INTERNATIONAL BUSINESS MACHINES CORPORATION ["IBM"] is and has been a corporation authorized to do business within the State of California and is in the business of designing, manufacturing, packaging, distributing, supplying and selling certain commercial products including, without limitation, patented chemical formulations and mixtures which were used by Plaintiffs while engaged in electronic disk drive manufacturing and other

**Page 3**

COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH