APP 10 2000 5:05 PM FR 'ONES DAY 213 243 2539 TO 1513#91914286;20 FAX 04/10/00 12:10

1 Defendants' representations and mistakenly assumed that the chemicals they were required to use in the clean rooms were "safe" and posed no risk to human health of chronic disease, reproductive harm or death.
2 At all relevant times Defendants, and each of them, failed to fully and properly test the aforesaid chemicals and substances to determine the hazards associated with their use.
3 At all relevant times, Defendants, and each of them, failed to study, investigate, determine, impose, or provide reasonable standards or regulations for the safest methods of handling the aforesaid chemicals to protect and promote the health and safety of IBM employees, including plaintiffs and plaintiffs' decedent, or to minimize the dangers to IBM employees, including plaintiffs and plaintiffs' decedent, who would foreseeably use, be exposed to, or be harmed by the aforesaid chemicals or substances.
49. Defendants, and each of them, failed to advise IBM employees, including plaintiffs and plaintiffs' decedent, and others of the dangers and hazards of exposure to the aforesaid chemicals, and the dangers posed to the health and welfare of those coming in contact with or using the aforesaid chemicals and substances.
50. Defendants, and each of them, failed to provide needed, accurate, and adequate warnings and information of the health hazards and dangers of the aforesaid chemicals and substances to those who would reasonably and foreseeable come into contact with, use, or be harmed by them, including IBM employees, including plaintiffs and plaintiffs' decedent.
51. Defendants, and each of them, failed to provide instructions for the safest methods of handling the aforesaid chemicals and substances to users or others for seeably coming into contact with or using them.
52. Defendants, and each of them, failed to develop, make available, provide, or promote chemicals and substances which were free of defect, and/or failed to design the aforesaid equipment so as to prohibit or minimize their hazards.
53. At all relevant times, Defendants, and each of them, in all that they did, were negligent and careless and negligently and carelessly designed, manufactured, distributed, supplied, sold, tested, studied, instructed, and warned in the use of said chemical products and substances as to render said Page 12

COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006963