DARLENE COKER, and spouse ROY COKER VS. BILL THAMES PHARMACY INC., CORRIGAN ENTERPRISES, INC. FINER FOODS, INC. GIANT FOOD DISCOUNT CITY, INC. HENKE 8c PILLOT, INC. HSTN. JOHNSON PROFESSIONAL LOVOI AND SONS PHARMACIES, INC. MCNEIL PPC INC. THE KROGER COMPANY CAUSE NO. IN THE DISTRICT COURT OF f/k/ a Johnson-Johnson Baby ilk/a S.W.S. Pharmacy Inc. JEFFERSON COUNTY, TEXAS INC. ilk/a 1&1 Baby Products Products DISTRICT COURT PLAINTIFF 3' ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW DARLENE COKER and spouse, ROY COKER, complaining of the following defendants, each of which did business in Texas at all relevant times and whose registered agents or statutory agent for service under the Long Arm Statute is indiCated: a. b. Bill Thames Pharmacy Inc., f/k/a S.W.S. Pharmacy Inc., a Texas corporation, to be served Joseph Seale, 3655 Calder, Beaumont, Texas. Corrigan Enterprises, Incorporated, f/k/a The Summers Drug Store Company, a Maryland corporation, to be served via Walter N. Corrigan, 3130 E. Houston Street, San Antonio, TX. Fertittas 1Finer Foods, Inc., a Texas corporation, to be served via Jerome Fertitta, ?55 S. 11th Street, Beaumont, TX 77701. Giant Food Discount City, Inc., a Texas corporation, to be served via Henry C. Robson, Jr., 6002 Osburn Street, Houston, TX 77037. Henke 6: PiIIot, Inc. Houston, a Texas corporation, to be served via C.T. Corporation Systems, 8} 1 Dallas Avenue, Houston, TX. Johnson 6: Johnson Professional Inc., f/k/a 18:] Baby Products, at New Jersey corporation, to be served via registered agent: C.T. Corporation System, 1603. Elm Street, Dallas, TX 75201; and their home of?ce: Johnson (3-: Johnson, 1 Johnson 8: Johnson Plaza, New Brunswick, NJ 08938, via the Secretary of State. Lovoi and Sons Pharmacies, Inc., a Texas corporation, to be served via John J. Lovoi, 3480 Pannin Avenue, Beaumont, TX McNeil PCC Inc. f/k/a Johnson?Johnson Baby Products, at New Jersey corporation, to be served via C.T. Corporation System, 350 North St. Paul Street, Dallas, TX 75201. The Kroger Co., an Ohio corporation, to be served via C.T. Corporation System, 81 1 Dallas Avenue, Houston, TX. 1. Jurisdiction is proper in this Court, the claim being in excess of the minimum jurisdictional limits of the Court. 2. Venue is proper because a signi?cant and substantial amount of the bad acts complained of occurred in Jefferson County. 3. Plaintiffs sue for the personal injury of Darlene Coker in?icted by the negligent, gross negligent, fraud, deceit, misrepresentations and defective precincts of the defendants. 4. Defendants negligently and intentionally caused Darlene Coker to be fatally exposed to talc, proximately causing her to contract peritoneal mesothelioma. 5. Defendants made, sold, or speci?ed, talc products which were defectiVe and unreasonably dangerous as designed, manufactured and marketed. These products, used as intended and foreseen, necessarily released poisonous talc, which was at producing cause of the mesothelioma. 6. Defendants had an actual, subjective awareness of the capacity of airborne talc components in susceptible individuals, and defendants knew they could not with con?dence predict precisely who would become sickened, yet they intentionally failed to protect, warn, instruct or otherwise prevent the inevitable exposures and totally preventable disease, which conduct evidenced such an entire want of care as to be grossly negligent and battery. Plaintiffs sue for their past and future injuries for which conduct of defendants has legal cause: pain, suffering, mental anguish and grief; physical impairment; loss of earnings and earning capacity and ?nancial support; loss ofinhetitance; loss of society; hedonic damages for lifetime lost; exemplary damages; all other relief the law allows, plus prejudgment interest from the first date of injurious exposure, post judgment interest and costs. stamens!? WHEREFORE, PREMISES CONSIDERED, Plaintiffs DARLENE AND ROY (JOKER demand judgment against the defendants, and each of them, jointly and severally, for general damages, special damages, for punitive and exemplary damages, for their costs expended herein, for prejudgernent interest from the date of the injury, and postjudgement on the judgment at the rate allowed by law, and for such other and further relief, both at law and in equity, to which Plaintiffs may show themselves justly entitled. The Law Of?ces Of Herschel L. Hobson 2190 Harrison Beaumont, Texas ?17701 Ph. (409) 838?8410 Fax (409) 838-8084 Joseph C. Blanks, RC. PO Box 3172 Beaumont, Texas 77704 Ph. it: (409) 838-6410 Fax (409) 83845084 Respectfully submitted, By: (Z Herschel L. Hobson 09744600 ATTORNEYS FOR PLAINTIFFS URY DEMAN Plaintiff respectfully requests a trial by jury. By: x{karaohel L. Hobson