APR 12 2000 5:25 PM FR IONES DAY 213 243 2539 TO 5:38:18:4288:22 P:17
04'10:00 12:10 FAX

chemical products and substances dangerous, defective and unsafe for use.

54. As a direct, proximate and legal cause of the negligence and carelessness of Defendants and each of them, plaintiffs, and each of them, have been caused to suffer the damages set forth above.

55. As a direct, proximate and legal cause of acts and omissions of Defendants, and each of them, Plaintiffs were denied a fair and reasonable opportunity to discover the cause of their injuries and the fraudulent concealment by Defendants sooner than one year from the commencement of this action.

SECOND CAUSE OF ACTION
INTENTIONAL PRODUCT MISREPRESENTATION AND FRAUDULENT CONCEALMENT BROUGHT BY PLAINTIFFS AGAINST ALL DEFENDANTS EXCLUDING WRONGFUL DEATH CLAIM

Plaintiffs excluding the wrongful death Plaintiffs complain of Defendants, and each of them, as follows:

56. Plaintiffs hereby incorporate by reference as though fully set forth each and every allegation of the foregoing paragraphs 1 through and including 55.

57. The representations made by Defendants, and each of them, were false and were motivated by a desire for economic gain and profit. Defendants, and each of them, ignored readily available scientific knowledge of the health hazards of the aforementioned chemicals and concealed such knowledge from plaintiffs. These representations by Defendants, and each of them, were made to encourage IBM employees, including plaintiffs and plaintiffs' decedent, to trust, believe, accept, and rely upon these representations as true. IBM employees, including plaintiffs and plaintiffs' decedent, trusted, believed, accepted and relied upon such representations to their detriment and harm as herein alleged.

58. At no time did Defendants, or any of them, take any affirmative effort to reveal to IBM employees, including plaintiffs and plaintiffs' decedent, that exposure to clean room chemicals manufactured, supplied and sold to IBM by Defendants, and each of them, posed a risk of chronic disease, reproductive harm, immune damage, cancer or death from chemically caused disease and that the products sold by Defendants, and each of them, to IBM were known to be mutagenic, genotoxic, carcinogenic, teratogenic, and constituted extremely hazardous and deadly poisons. IBM employees, including plaintiffs and plaintiffs' decedent, were thus denied timely knowledge of the fact that by reason of their industrial exposure to Defendants' chemicals they were, in effect, "human guinea pigs."

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006964