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RICHARD CARRAS v CONTAINER MANAGEMENT SERVICES LLC Click to find out why . . .



Keywords & Phrases
CaseNo: RCVCMSL252482, Plaintiff: RICHARD CARRAS, State: OR Oregon, UniqueCaseRef: LCD>RCVCMSL252482, Chemicals, Drums, Chemical Agent, Umcd, First Amended Complaintjames, Containers, Mccandlish, Philip, Transport, Adverse Health Effects, Exposure, Weapons, Waste, Soil, Materials, Severe, Expose, Philip Employees, Trailer, Substances, Impurities, Truck, Environment, Injuries, Cms, Mustard, Byproducts, Unload , ContentID: 120250194

Case Documents
1 1998-08-21 Government Exhibit # 1ST AMENDED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 124046
13 pages
PDF
Total Documents: 1 document , 13 pages
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1 . Government Exhibit # 1ST AMENDED COMPLAINT

EXTRACTED KEY WORDS
CHEMICALS
DRUMS
CHEMICAL AGENT
UMCD
FIRST AMENDED COMPLAINTJAMES
CONTAINERS
DEFENDANTS
MCCANDLISH
PHILIP
TRANSPORT
ADVERSE HEALTH EFFECTS
EXPOSURE
WEAPONS
WASTE
SOIL
MATERIALS
SEVERE
EXPOSE
PHILIP EMPLOYEES
TRAILER
SUBSTANCES
IMPURITIES
TRUCK
ENVIRONMENT
INJURIES
CMS
MUSTARD
BYPRODUCTS
UNLOAD
 1 James E. McCandlish
      Attorney at Law
 2 111 SW Naito Parkway 2nd Floor
      Portland OR 97204
 3 Telephone:  503-224-2349
      Facsimile:  503-224-3634
 4 E-mail:  j@mccandlish.com
      OSB No. 75246
 5 See signature page for a complete list of counsel
 6 submitting document for filing.  LR 10.2.
 7           Attorneys for Plaintiff
 8

 9                                UNITED STATES DISTRICT COURT
10                                           DISTRICT OF OREGON
11                                                Portland Division
12 RICHARD CARRAS                                                    )         Case No.
                                                                     )
13                          Plaintiff,                               ))        FIRST AMENDED
14                                                                   )         COMPLAINT
                    vs.                                              )
15                                                                   )         Personal Injury
      CONTAINER MANAGEMENT                                           )         (28 U.S.C. § 1332)
16 SERVICES, LLC, a California Limited Liability )
      Company and PHILIP SERVICES                                    )         DEMAND FOR JURY TRIAL
17 CORPORATION, INC., a Delaware Corporation ))
18                          Defendant.                               )

19
20                                                     PURPOSE
21           1.     The purpose of this First Amended Complaint is to clarify facts alleged in the

22 original Complaint and to bring additional claims against defendants based in the same pattern
23 of facts and occurrences as described in the original Complaint.
24                                                     PARTIES
25           2.     At the time of his injury plaintiff Richard Carras was employed as a long haul

26 truck driver.  On August 21, 1998, plaintiff was tasked to pick up several hundred fifty-five

Page 1 - FIRST AMENDED COMPLAINTJames E. McCandlish
                                                  Attorney at Law
                                        111 SW Naito Parkway, Second Floor
                                            Portland, Oregon 97204-3500
                                          (503) 224-2348 FAX (503) 224-3634



 1 (55) gallon steel drums for transport from the Army's Umatilla Chemical Depot (UMCD)
 2 near Hermiston, Oregon to Portland, Oregon.  Plaintiff brings suit against two companies
SNIPPETS:
  • On August 21, 1998, plaintiff was tasked to pick up several hundred fifty-five
  • Page 1 - FIRST AMENDED COMPLAINTJames E. McCandlish
  • gallon steel drums for transport from the Army's Umatilla Chemical Depot
  • intentional tort which resulted in severe long-term adverse health effects.
  • 12 Philip was acting as a government contractor at the UMCD.
  • 14 storage, transport, refurbishing, and destruction of containers, including drums.
  • 15 plaintiff's injuries, CMS was a government contractor receiving loads of drums from Philip
  • utilized to stockpile almost 12 percent of the nation's chemical weapons.
  • Even low dose exposures to these chemicals can cause a broad
  • Mustard is a blister agent designed to injure
  • Among many 10 other long term adverse health effects of exposure, mustard is known to cause
  • 23 weapons (those not containing chemical agent), and were designed to facilitate continual
  • 24 air exchange with the outside environment through roof and door vents and floor drains.
  • store hazardous waste, including chemical agent waste, in steel drums and other containers
  • 19 and other materials related to chemical agent monitoring and other chemical agent
  • it is known that the soil at the UMCD has been
  • 13 their impurities can retain their toxic properties for many years.
  • 25 Tests run on these samples have shown that the soil is polluted with various toxic
  • Philip employees then began to load the barrels into plaintiff's truck.
  • particulate matter filled the air around and inside the trailer during loading.
  • CMS employee was present on the loading dock and was supposed to unload the trailer.
  • 11 VX, mustard, a combination of their byproducts and impurities, hanta virus, and/or various
  • 15 defendants knew of the contents of these drums and of the risk of exposure to their
  • when deciding how to monitor and treat their health and in deciding whether to expose
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