HomeMy WebLinkAbout97-02040
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STEPHEN W, COMP, and KAY E.
COMPo husband and wife. and as
Parents and Natural Guardians of
ANNETTE D, COMPo a minor
IN THE COURT OF COMMON PLEAS
CUMBERlAND COUNTY. PENNSYLVANIA
Petitioners
NO: 97- }.O'IV C~~.Jr;~-
v.
CIVIL TERM - lAW
MINNESOTA MINING AND
MANUFACTURING COMPANY. tjd/b/a 3M,
Respondent
PETITION FOR APPROVAL OF SETTLEMENT
FOR A MINOR IN ACCORDANCE WITH Pa,R,C,P, SECTION 2039
AND NOW come the Plaintiffs in this action, STEPHEN W. COMP and KAY E. COMP,
husband and wife, through their attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, and
aver the following:
1. Petitioners, Stephen W. Comp and Kay E. Comp are husband and wife, and reside
at 297 Oak Flat Road, Newville, Cumberland County, Pennsylvania, with their only child, Annette
D. Comp, age 17.
2. Respondent is Minnesota Mining and Manufacturing Company, a Delaware company
with principal offices in 51. Paul, Minnesota. trading and doing business as 3M Company,
3. 3M is engaged in various businesses including the manufacturing of certain flea
control products.
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4. Petitioners sought relief from a pet flea problem and purchased a flea control product,
#1485 Duratrol Plus Household Flea Spray, which Petitioners had been advised was safe for
internal residential use,
5. Petitioners applied one full 30 oz. bottle of the aforesaid flea spray, and in addition,
one-half of an additional bottle to their carpet and other surfaces in their home.
6. After applying the flea control spray, Petitioners noticed a strong chemical odor which
failed to dissipate.
7. Petitioners and their daughter, Annette, experienced some transitory health problems
which they believe may have been related to the chemicals in the flea spray. Petitioner Stephen
W. Comp had a sensation of burning in his eyes and lungs, which resolved without consultation
with a physician. Petitioner Kay E. Comp experienced some muscle twitching which required one
doctor visit and which has now ceased. The minor, Annette D. Comp, experienced occasional
nausea and vomiting off and on over a period of a couple of weeks, which condition has resolved
without consultation of a physician.
8. Upon experiencing these health problems the Comp family left their home on or
about December and resided at a relative's home until early April, 1997.
9. Petitioners believe that neither they nor their daughter, Annette, have, nor will develop
any long term health problems as a result of the flea spray treatment.
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10. As a result of the strong smell and concerns about health issues, Petitioners have
disposed of numerous items of furniture and furnishings, have steam cleaned the carpets multiple
times, and have washed walls and other surfaces in the house with a cleaning solution.
11. With the warmer weather and the ability to air out the house, the odor has almost
entirely dissipated.
12. Petitioners have been in consultation with representatives of Respondent who have
denied liability but have advised Petitioners on removal of the product from house surfaces, and
who have been kept fully aware of the problems which Petitioners have had. Petitioners and
Respondents have agreed to settle the claim of petitioners and their daughter, Annette 0 Comp
for the sum of $45,000.00, $3,000 of which is proposed to be attributed to the claim of Annette D.
Comp, and the remaining $42,000,00 of which is proposed to be attributed to various claims of
petitioners, including but not limited to property damage, health problems, and inconvenience.
13. The undersigned attorney is not charging Petitioners on the basis of a contingent fee,
but on the basis of an hourly charge for time expended, which fees are not expected to exceed
$500. No portion of the aforesaid fees are to be deducted from that portion of the settlement
attributable to Annette D. Compo
14. A General Release and Settlement Agreement executed by Petitioners, and setting
forth in more detail the agreement between the parties, is attached hereto as Exhibit "A."
15. Annette D. Comp has been advised of the settlement and her consent hereto is
attached as Exhibit "B" to this Petition,
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WHEREFORE, Petitioners request that This Honorable Court enter an Order approving the
aforesaid settlement of $3,000.00 for the claim of Annette D. Compo
Respectfully submitted,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Petitioners
James D. Flower, Jr., Es re
ID No. 27742
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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VERIFICATION
I, STEPHEN W. COMP, hereby verify that the statements mode in the foregoing Petition
for Aoorovaf of Settlement for a Minor In Accordance With Pa.R.C.P. Section 2039 are true and
correct to the best of my knowledge, information and belief. 1 understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
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EPHEN W, COMP
Date:
l/ /9/9;
,r:\""ll.lil\Jun\I'llJg\("lnlJ1.1'
STEPHEN W. COMP, and KAY E,
COMP, husband and wife, and as
Parents and Natural Guardians of
ANNETTE D, COMP, a minor
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNSYLVANIA
Petitioners
NO: 97.
v,
MINNESOTA MINING AND
MANUFACTURING COMPANY, tfd/b/a 3M,
CIVIL TERM. LAW
Respondent
CONSENT
I have reviewed the attached Petition for Aooroval of Settlement For a Minor in Accordance
With Pa.R.C.P. Section 2039 and consent to the settlement.
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ANNETTE D. COMP
Date: 7~;);' / q, /999--
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STEPHEN W. COMP and KAY E.
COMP, husband and wife, and as
Parents and Natural Guardians of
ANNElTE D. COMP, a minor,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM - LAW
q 7- ;),01.{0
NO. 2040 CIVIL TERM
vs,
MINNESOTA MINING AND
MANUFACTURING COMPANY,
t/a/d/b/a 3M,
Defendant.
PRAECIPE
TO THE PROTHONOTARY:
Attached hereto please find proof of deposit of Three Thousand ($3,000.00)
Dollars, to savings account No. 355237009, at Mellon Bank, as confirmation of the deposit
required by the Court's previous Order approving settlement.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiffs
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