Wenham v. Johns-Manville Products, Complaint, Answer and Dismissal (1961)

Court papers from Fred C. Wenham, by Bessie Vina, Administratrix ad Prosequendum, v. Johns-Manville Products Corporation, U.S. District Court for New Jersey, Civil No. 125-61 (11 pages): the complaint and jury demand filed February 23, 1961, the court's notice assigning the case to Judge Reynier J. Wortendyke, Jr., J-M's answer filed in May 1961, and an order of February 6, 1962, dismissing the case because it "has been settled." The complaint said Wenham worked until February 24, 1959, as "an insulation materials applicator and mechanic," handling J-M products containing asbestos, and died on May 31, 1960, of a disease contracted in that work. It charged that J-M "knew or should have known" of the dangers of its products and failed "to provide any or adequate warnings or instructions" for their use.

What it shows

This is an early suit by an insulation worker, rather than a J-M employee, against Johns-Manville as the maker of the products he used. It pleaded negligence, breach of warranty and wrongful death, and claimed $100,000 on each count. J-M answered that any danger "was as open, obvious and apparent to him as to the defendant," that he had assumed the risk and been negligent himself, and that the claim was too late under New Jersey's statute of limitations. The case was settled within a year.

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 Fred C. Wenham v. J-M Products Corp. Complaint was filed on 2/23/61 in the U.S.D.C., New Jersey. Wenham was an insulation materials applicator and mechanic for an unknown period of time.

Complaint filed in Fred C. Wenham v. Johns-Manville Products Corp. (Administratrix: Bessie Vina). Complaint was filed in the U.S.D.C., New Jersey on 2/23/61. Wenham was an insulation materials applicator and mechanic.

Order of Dismissal filed in Fred C. Wenham v. Johns-Manville Products Corp. on 2/6/62.

Wenham's Answer to Complaint filed in Fred C. Wenham v. Johns-Manville Products Corp. on 5/2(?)/61.

Related documents

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

About this copy

These are documents 737, 606, 608 and 607 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-003215 to CRMC-Motley1000-Subj-003225.