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

Court papers from Helen Zackwiejz, by her mother Mary Zackwiejz, 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, with certifications from the National Archives (87 pages). The complaint, by attorney Samuel Greenstone, said J-M "not only knew, but should have known" that its asbestos products contained "dangerous, insidious and harmful" fibers, that she "was not informed or warned," and that she had become "a victim of tuberculosis"; it asked $100,000. In 1930 J-M moved to quash the summons on the ground that the suit was filed "without the authority of the plaintiff." The case was discontinued as settled on June 13, 1934.

What it shows

To support its motion, J-M filed a three-page statement that Helen Haynes (born Zackwieja), still working at the Manville plant, signed on November 21, 1929, in the office of plant manager Archibald Hughes, with affidavits from the interviewer, Emil Ramer, and a J-M stenographer. In it she said she had never authorized the suit: "I would like to have my case dropped against the Johns-Manville because I don't feel it is justified for my mother to sue the Johns-Manville Company for me." The statement closes that she gave it "without being promised by Mr. Hughes or anybody else any money, any better job or anything else." J-M's answer pleaded that she had assumed the risk, had failed to use "the mask and other appliances provided by the defendant," and had sued too late. This is one of a group of 1929 suits by Manville textile workers (Motley #739, #740, #741 and others) brought by the same lawyer.

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 Helen Zackwiejz v. J-M Corp. Complaint was filed on 7/23/29 in the Supreme Court of Somerset County, New Jersey. Case was removed to the U.S.D.C., New Jersey. Zackwiejz was a textile worker at J-M's Manville plant for approximately 5 months. New York Indemnity was the surety on the removal bond.

Related documents

• John Zackwiejz v. Johns-Manville, Pleadings and Motion to Quash (1929)
• Bartus v. Johns-Manville, Pleadings and Worker's Statement Withdrawing the Suit (1929)
• John Perone v. Johns-Manville, Pleadings and Sanatorium Interview (1929)
• Wenham v. Johns-Manville Products, Complaint, Answer and Dismissal (1961)

About this copy

This is document 738 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-003226 to CRMC-Motley1000-Subj-003312. Pages CRMC-Motley1000-Subj-003245 to CRMC-Motley1000-Subj-003247, papers in the Wenham case that belong to Motley No. 737, are left out.