APR 2 2000 5:17 PM FR JONES DAY
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1 skin.
2 142. Defendants' active, knowing and lucrative post-sale participation in, contribution to, and
3 facilitation of exposing workers to complex chemical mixtures that are mutagenic, genotoxic,
4 carcinogenic and/or teratogenic in clean rooms in conjunction with other mutagenic, genotoxic,
5 carcinogenic and/or teratogenic materials in clean rooms for the purpose of electronic product
6 manufacture and assembly, without completely isolating IBM employees, including plaintiffs and
7 plaintiffs' decedent, from any human exposure to Defendants' products, through the use of absolute
8 biological containment, engineering controls that create impermeable barriers and the use of automated
9 systems that totally isolate Defendants' chemicals from inhalation and dermal exposure by workers, is
10 not an activity of common usage, and Defendants' conduct created an ultra-hazardous and abnormally
11 dangerous risk to plaintiffs and plaintiffs' decedent.
12 143. The value in causing such toxic and hazardous chemicals and chemical mixtures to be used
13 in the clean rooms without absolute biological containment, engineering controls that create
14 impermeable barriers and the use of automated systems that totally isolate Defendants' chemicals from
15 inhalation and dermal exposure by workers, including Plaintiffs and Plaintiffs' decedent, is grossly
16 outweighed by the personal injuries and deaths that plaintiffs have been caused to suffer.

THIRD CAUSE OF ACTION: STRICT LIABILITY
PLAINTIFFS AGAINST ALL DEFENDANTS

19 Plaintiffs complain of Defendants, and each of them, as follows:
20 144. Plaintiffs hereby incorporate by reference as though fully set forth each and every
21 allegation of the foregoing paragraphs 1 through and including 143.
22 145. At all relevant time the chemicals and substances described above to which IBM
23 employees, including plaintiffs and plaintiffs' decedent, were exposed were defectively designed,
24 manufactured, tested, distributed, supplied, sold, with inadequate warnings, with insufficient and
25 inadequate instructions in the use of said chemical products and were unsafe, and unreasonably
26 dangerous and were rendered defective in design by each of the failures of Defendants, and each of
27 them, specified above.
28 146. Defendants, and each of them, knew their products would be purchased and used without
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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH
MM 006997