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

Court papers from John Zackwiejz, by his mother Mary Zackwiejz, v. Johns-Manville Corporation, filed in the New Jersey Supreme Court for Somerset County in July 1929 and removed to the U.S. District Court for New Jersey (Law No. 1958), with National Archives certifications (62 pages). The complaint, brought by attorney Samuel Greenstone like the suit for his sister Helen, said he worked at J-M's Manville plant in 1928 "and for several years prior," inhaled asbestos fibers that infected his "bronchial tubes, lungs and body," was never warned, and became "a victim of tuberculosis." J-M moved to quash the summons, filing a statement it had taken from his mother on November 21, 1929, saying she had never authorized the suits. On April 15, 1930, the court found that the plaintiff's attorney "was properly retained and authorized" and dismissed J-M's motion. The case was discontinued as settled on June 13, 1934.

What it shows

The mother's statement was taken in Polish at the office of Archibald Hughes, manager of the Manville plant, by Emil Ramer, with her daughter Helen translating and a J-M stenographer typing it. It reads: "I want this strictly understood that I do not want to sue the Johns-Manville Company for my daughter Helen or for my son John," and adds that she "was not promised any money or any job" by Hughes or anyone at J-M. Even so, the court heard testimony and let the case go forward, and J-M later settled it. See the companion case, Helen Zackwiejz v. Johns-Manville (Motley #738).

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 John 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 2 years. New York Indemnity was the surety on the removal bond.

Related documents

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

About this copy

This is document 739 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-003313 to CRMC-Motley1000-Subj-003374.