**Page 4**

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

MM 006955

1. activities at IBM facilities located in San Jose, California and elsewhere. At all relevant times.
2. Defendant IBM designed, manufactured, packaged, supplied and distributed products known as IBM cleaning fluid, IBM disk drive coating and IBM San Jose photo resist, which Defendant IBM provided to the general public and which are among, although not limited to, those IBM products to which
3. Plaintiff IBM employees and plaintiffs' decedent suffered injurious exposure during their employment:
4. at IBM: the sale of IBM cleaning fluid, IBM disk drive coating and IBM San Jose photo resist; to the
5. general public ipso facto imparted a risk of harm to the general public; at all times prior to 1983
6. Defendant IBM was a "dual capacity employer" under the terms of California Labor Code Section 3602
7. as it was in effect at that time, and owed to plaintiffs and plaintiffs' decedent the same duties that all
8. chemical manufacturers, packagers, distributors, suppliers or sellers of a chemical product owed to the
9. users of its products, notwithstanding whether or not said product was "sold, leased, or otherwise
10. transferred for valuable consideration to an independent third person" [1983 amendment to Section
11. 3602] and accordingly as to the claims of plaintiffs, plaintiffs' decedent and plaintiffs' successors in
12. interest set forth in the First, Second, Third and Fourth Causes of Action, workers' compensation is not
13. plaintiffs' exclusive remedy.

10. At all relevant times, each of the following Defendants is and has been a corporation
11. authorized to do business within the State of California that designed, manufactured, packaged,
12. distributed, and sold and supplied certain hazardous, toxic chemicals and substances to Defendant IBM
13. which were used by Defendant IBM in its manufacturing and other activities at its facilities located at
14. San Jose, California, and at IBM facilities located elsewhere, in IBM "clean rooms" where these
15. chemicals were required for, and utilized in, the manufacture of disk drive assemblies, coatings, and
16. micro circuitry.

11. At all relevant times, Defendant ALDRICH CHEMICAL COMPANY's products were sold
12. to IBM, and used by IBM employees, including plaintiffs and plaintiffs' decedent, causing them to suffer
13. injurious exposure; these products include, but are not limited to, chromium, ethylene dichloride,
14. chromic anhydride dimethylsulfoxide, 1,4-dioxane, hexafluorobenzene, phenol, methylene chloride,
15. trichloroethylene, 1,1,1-trichloroethane and potassium dichromate.

12. At all relevant times, Defendant ASHLAND OIL INC.'s products were sold to IBM, and