Perone and Barbati v. Johns-Manville, Suit for the Death of Benjamin Perone (1930-1934)

Court papers from the U.S. District Court for New Jersey (Law No. 1954) in a suit first brought by Benjamin (Beniamino) Perone, a Manville plant worker, and continued after his death by his widow Concetta Perone and Elias Barbati as executors of his estate. The amended and supplemental complaint said he worked at J-M's Manville plant until November 1928 "and for several years prior thereto," breathed asbestos fibers without warning, "became a victim of pulmonary troubles," and died on April 7, 1930; it asked $50,000 for his own losses and $75,000 for the support lost by his wife and seven children. J-M answered that it had employed him only from December 28, 1926, to November 1928, pleaded assumption of risk, contributory negligence and failure to use "the mask and other appliances provided," and argued that the claims were too late. The case was discontinued as settled on June 13, 1934.

What it shows

The suit was one of several brought in 1929 for Manville workers by attorney Samuel Greenstone, among them his son John's (Motley #741). After Benjamin Perone died, the court allowed his executors to take over the case in March 1933 over J-M's objection. It was settled the same day as the suit over John Perone's death (Motley #745).

In Johns-Manville's index

Johns-Manville's legal department indexed the Motley 1,000 in 1984. Its index describes this document as follows:

Various pleadings filed in Concetta Perone and Elias Barbati v. J-M Corp. (Deceased: Benjamin Perone). Complaint was filed in the early 1930's in the U.S.D.C., New Jersey. Perone was a textile worker at J-M's Manville plant for approximately 2 years.

Related documents

• Concetta Perone v. Johns-Manville, Wrongful Death Suit for John Perone (1932)

About this copy

This is document 745A of the Motley 1,000, from the set the Manville Personal Injury Settlement Trust's records facility certified as true copies, pages CRMC-Motley1000-Subj-003637 to CRMC-Motley1000-Subj-003658.