**APR 12 2000 5:02 PM PR JONES DAY**
**213 243 2538 TO 15139814288122 P:13**
**04/10/00 12:11 FAX**

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59. Defendants, and each of them, were committed to increasing production and to inducing IBM employees, including plaintiffs and plaintiffs' decedent, to maintain high output and high productivity, without the delay that would occur if Defendants, and each of them, mandated a complete physical barrier between IBM employees, including plaintiffs and plaintiffs' decedent, and their chemical products. That Defendants, and each of them misrepresented the "safety" of "clean room" work, the "safety" of the chemicals used in the "clean rooms," and misrepresented to Plaintiff IBM workers that a chemical compound was "safe" because no contrary evidence had yet been discovered to the contrary.

60. At all relevant times, Defendants, and each of them, knew of the extremely high risk of catastrophic and fatal injuries inherent in the extremely hazardous products which Defendants sold, supplied and provided for use at IBM and to which IBM employees, including plaintiffs and plaintiffs' decedent were exposed as a consequence of their employment. Notwithstanding these facts, Defendants, and each of them, took no action to warn or otherwise protect IBM employees, including plaintiffs and plaintiffs' decedent, from the extremely dangerous working condition created by Defendants, and each of them, and actively concealed their knowledge and propagated false and misleading statements about chemical risks which defendants intended and expected to be communicated to IBM workers through IBM. 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. Defendants, and each of them, acted with such indifference to the consequences, in utter and conscious disregard of the safety of IBM employees, including plaintiffs and plaintiffs' decedent, and with such recklessness, as to be willful, oppressive, malicious, in disregard for their rights, thereby meriting an award of punitive or exemplary damages. Plaintiffs are not presently aware of the true net worth of said Defendants, and each of them, and therefore cannot ascertain an amount which would properly punish them by way of punitive damages and Plaintiffs pray leave to amend this complaint to insert the same herein when Defendant's true net worth is finally ascertained.

61. Plaintiffs justifiably relied upon the misrepresentations made by Defendants and conveyed to them by IBM and by chemical suppliers as alleged herein, all to their great and irreparable injury, and would have acted differently if the full truth had been disclosed.
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COMPLAINT FOR DAMAGES: PERSONAL INJURY AND WRONGFUL DEATH

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