Michael Perone v. Johns-Manville, Court Papers (1929)

Court papers (31 pages) in the suit Michael Perone filed against Johns-Manville Corporation in the New Jersey Supreme Court in July 1929, asking $100,000. J-M removed the case to federal court, with New York Indemnity Company as surety on the removal bond. Perone died on September 17, 1929, and his mother, Concetta Perone, carried the case on with an amended complaint saying he had breathed asbestos "fibers and particles" at the Manville, New Jersey, plant, was never warned, and "became a victim of pulmonary troubles." The case was settled and dismissed on June 13, 1934.

What it shows

The amended complaint charged J-M with failing to give masks, ventilation or "proper warning" of the dangers of asbestos fiber. J-M answered with defenses of assumed risk and the worker's own carelessness. The case was one of several suits by Manville plant workers and their families filed in 1929 and settled years later; the suit of Benjamin Perone, who spoke of his son Michael in his statement to J-M, was filed the same day.

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 Michael Perone v. J-M Corp. Complaint was filed on 7/8/29 in the Supreme Court of Somerset County, New Jersey. Case was removed to the U.S.D.C., New Jersey. Perone was a textile worker at J-M's Manville plant for approximately 8 months. New York Indemnity was the surety on the removal bond.

About this copy

This is document 749 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-003790 to CRMC-Motley1000-Subj-003820.