Bartus v. Johns-Manville, Pleadings and Worker's Statement Withdrawing the Suit (1929)

Court papers from Frank Bartus v. Johns-Manville Corporation, filed July 23, 1929, in the New Jersey Supreme Court for Somerset County and removed to the U.S. District Court for New Jersey (42 pages). The complaint, by attorney Samuel Greenstone, said Bartus worked at J-M's Manville plant in November 1927 "and for several years prior thereto," was never warned of the asbestos dust, and became "a victim of tuberculosis." The papers include J-M's removal petition and bond (New York Indemnity Company, surety), its answer, and affidavits by plant manager Archibald Hughes and Emil Ramer with a seven-page handwritten statement Bartus signed in Hughes's office on November 8, 1929. On April 14, 1930, the suit was discontinued without costs after Greenstone told the court that, although properly authorized, he did not wish to continue it "against the present wishes of his client."

What it shows

In the statement, taken down by Ramer while Bartus was still working at the plant, Bartus said he did not want to sue and regretted signing the lawyer's papers "believing that I would get some easy money." He also said he had told Greenstone that his tuberculosis "is inherited" and that his father died of it, and that Greenstone thought he had a good case "on account of poor ventilation." The statement ends that he made it "without being promised any money, any better job, or anything else." Unlike the Zackwiejz suits (Motley #738, #739), this one ended without a settlement.

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 Frank Bartus v. J-M Corp. Complaint was filed on 7/23/29 in the Supreme Court of Somerset County, New Jersey. Case was removed to U.S.D.C., New Jersey. Bartus was a textile worker at J-M's Manville plant for approximately 1 year. New York Indemnity was the surety on the removal bond.

Related documents

• Helen Zackwiejz v. Johns-Manville, Pleadings and Motion to Quash (1929)
• John Zackwiejz v. Johns-Manville, Pleadings and Motion to Quash (1929)

About this copy

This is document 740 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-003375 to CRMC-Motley1000-Subj-003416.