compounds that IBM proposed to use and did use in its San Jose manufacturing operations.

40. At all relevant times Defendants, and each of them, knew the manner in which their respective chemicals were being utilized in the clean rooms and were on notice of the nature and extent to which IBM employees, including plaintiffs and plaintiffs' decedent, were exposed to the chemical constituents in the clean room environment, both as individual substances and as chemical mixtures

41. As a direct, proximate and legal cause of the foregoing acts of Defendants, and each of them, the wrongful death plaintiffs, and each of them, have been caused to suffer the loss of love, companionship, care, comfort, support, and society [and all other damages as set forth in BAJI Instruction 14.50] as a result of the wrongful death of their spouse or parent: each wrongful death plaintiff has suffered a loss in a sum in excess of the jurisdictional minimum of the Superior Court.

42. As a direct, proximate and legal cause of the foregoing acts of Defendants, and each of them, the survival action plaintiffs, and each of them, have necessarily incurred liability for medical aid and attention, hospitalization, nursing care and drugs for the proper care and treatment of plaintiff and the expense of long-term care, plus interest on all such special or economic damages from the date said expenses were incurred; as a direct, proximate and legal cause of the foregoing acts of Defendants, and each of them, the survival action plaintiffs, and each of them, have necessarily sustained a loss of earnings, plus interest on all such special or economic damages from the date said expenses were incurred, all to plaintiffs' further special damage in an amount presently unascertained, and plaintiffs pray leave that when said amount is ascertained to be permitted to amend to insert the same herein: each survival action plaintiff has suffered a loss in a sum in excess of the jurisdictional minimum of the Superior Court.

43. As a direct, proximate and legal cause of the foregoing acts of Defendants, and each of them, the living personal injury plaintiff has been caused to suffer severe personal injuries, great and severe nervous shock, great and physical and mental pain and suffering, and the fear of future illness and death, all to plaintiff's general damage in an amount in excess of the jurisdictional limit of this court; as a further direct, proximate and legal cause of the foregoing acts of Defendants, and each of them, the living personal injury plaintiff has necessarily incurred liability for medical aid and attention, hospitalization, nursing care and drugs for the proper care and treatment of plaintiff's injuries and will

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

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