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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 95/112394 ----------------------------------------x CAROLYN McCARTHY, Individually and as Filed on. Executrix of the Estate of DENNIS McCARTHY, KEVIN McCARTHY, MARYANNE PHILLIPS and ROBERT C. PHILLIPS, Plaintiff(s), - against - STURM, RUGER AND COMPANY, INC., OLIN CORPORATION and RAM-LINE, INC., Defendant(s). ________________________________________x Plaintiff designates New York County as the place of trial SUMMONS The basis of venue: Olin Corporation Certificate of Authorization filed in New York County Plaintiff reside 493 Nancy Road, County of Nassau To the above named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York May 9, 1995 Yours, etc., LEON SEGAN Attorney for the Plaintiff 112 Madison Avenue New York, New York 10016 (212) 696-9100 Defendant(s)' address: Sturm, Ruger: 11 Lacey Place, Southport, Ct. 06490 Olin Corporation: 427 Shamrock St., East Alton, Il. 62024 Ram-Line: 545 31st Road, Grand Junction, Colorado 81501 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CAROLYN McCARTHY, Individually and as Executrix Of the Estate Of DENNIS McCARTHY, KEVIN McCARTHY, MARYANNE PHILLIPS and ROBERT C. PHILLIPS. Plaintiffs, - against - STURM, RUGER AND COMPANY, INC. OLIN CORPORATION and RAM-LINE, INC., Defendants. Plaintiffs, by their attorney, LEON SEGAN, complaining of the defendants, respectfully allege: THE PARTIES 1. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, her husband. CAROLYN McCARTHY Was granted Letters Testamentary of the Estate of DENNIS McCARTHY on March 9, 1994 by the Surrogate's Court, Nassau County, New York, and said Letters Testamentary are still in full force and effect. 2. Plaintiff, CAROLYN McCARTHY, is a resident of the County of Nassau. 3. The deceased, DENNIS McCARTHY, suffered critical injuries causing his death on December 7, 1993 as more fully stated hereinafter. 4. KEVIN McCARTHY suffered severe, critical and permanent injuries on December 7, 1993 as more fully stated hereinafter. 5. KEVIN McCARTHY is a resident of the County of Nassau. 6. Plaintiff, MARYANNE PHILLIPS, suffered severe, critical and permanent injuries on December 7, 1993 as more fully stated hereinafter. 7. MARYANNE PHILLIPS is a resident of the County of Suffolk. 8. Plaintiff, ROBERT C. PHILLIPS, was and continues to be the husband of plaintiff, MARYANNE PHILLIPS. Plaintiff, ROBERT C. PHILLIPS, suffered damages as a result of the inju- ries suffered by his wife on December 7, 1993. 9. ROBERT C. PHILLIPS is a resident of the County of Suffolk. 10. Defendant, STURM, RUGER AND COMPANY, INC., (hereinafter referred to as "RUGER"), is a foreign corporation doing business in the State of New York. 11. RUGER regularly advertises, sells, ships and transports P89 semi-automatic handguns to persons throughout the United States of America and, in particular, in New York State. 12. RUGER derives substantial income and financial benefit from the sales and distribution of RUGER products, including the P89 handgun in New York State. 13. Defendant, RUGER manufactured and sold a Ruger P89, a 9 mm semi-automatic handgun on and before December 7, 1993. 14. Defendant, RUGER, manufactured a large capacity magazine that was attachable to the P89. 15. RAM-LINE, INC. (hereinafter referred to as "RAM") is a foreign corporation doing business in the State of New York. 16. RAM derives substantial income and financial benefit from the sales and distribution of RAM products, including P89 handguns and large capacity magazines in New York State. 17. RAM regularly advertises, sells, ships and transports large capacity magazines to persons throughout the United States of America, and in particular, New York State. 18. RAM derives substantial income and financial benefit from the sales and distribution of RAM products, including large capacity magazines in New York State. 19. Defendant, RAM designed and manufactured and sold a large capacity magazine that was capable of attachment to the aforesaid Ruger P89, thereby allowing the user of the handgun to fire a large round of bullets before reloading. 20. Defendant, OLIN CORPORATION (hereinafter re- ferred to as "OLIN"), is a foreign corporation doing business in the State of New York. 21. On and before December 7, 1993, OLIN regularly advertised, sold, shipped and transported Winchester Black Talon bullets (Supreme Expansion Talon bullets, "SXT") and Full Metal Jacket ("FMJ") bullets to persons throughout the United States of America and, in particular, New York State. 22. OLIN derives substantial income and financial benefit from the sales and distribution of OLIN products, including the Black Talon bullets and FMJ bullets in New York State. 23. Defendant, OLIN CORPORATION, designed, manu- factured, advertised and marketed the Winchester Black Talon bullet, as a bullet intended to open into razor sharp edges to severely lacerate, rip and tear organs, tissue, bone, inside the head, body and limbs of the individual for whom the bullet was intended. 24. Defendant, OLIN CORPORATION designed and manu- factured a bullet identified as the FMJ. THE DECEMBER 7, 1993 MASS SHOOTING 25. On December 7, 1993, decedent, DENNIS McCARTHY, was a passenger on a Long Island Railroad train that departed Penn Station, New York, New York at 5:33 p.m. (hereinafter referred to as "5:33 Train"). 26. On December 7, 1993, KEVIN McCARTHY, was a passenger on the aforesaid 5:33 Train. 27. On December 7, 1993, MARYANNE PHILLIPS was a passenger on the aforesaid 5:33 Train. 28. On December 7, 1993, Colin Ferguson, a passen- ger aboard the aforesaid 5:33 Train, carried a Ruger P89 semi- automatic handgun together with RUGER and RAM large capacity magazines and Winchester Black Talon and FMJ bullets. 29. On December 7, 1993, Colin Ferguson, a passen- ger aboard the aforesaid 5:33 Train, carried a Ruger P89 semi- automatic handgun to which was attached a RUGER large capacity magazine containing Winchester Black Talon and FMJ bullets. 30. On December 7, 1993, Colin Ferguson, a passenger aboard the aforesaid 5:33 Train, carried a Ruger P89 semi- automatic handgun to which was attached a RAM large capacity magazine containing Winchester Black Talon and FMJ bullets. 31. At approximately 6:00 p.m. on December 7, 1993, while the 5:33 Train was at or near the Long Island Railroad Merillon Avenue Station, Garden City, New York, Colin Ferguson fired the P89 Ruger many times, using the RAM and RUGER maga- zines loaded with Black Talon and FMJ bullets, killing six passengers and severely maiming, crippling and injuring many other passengers on the train. 32. Decedent, DENNIS McCARTHY, was a passenger on the 5:33 Train who was shot and killed when the P89 Ruger was fired in the manner described herein. 33. Plaintiff, KEVIN McCARTHY, was a passenger on the 5:33 Train who was shot and severely crippled and perma- nently injured when the P89 Ruger was fired in the manner described herein. 34. Plaintiff, MARYANNE PHILLIPS, was a passenger on the 5:33 Train who was shot and severely and permanently injured when the P89 Ruger was fired in the manner described herein. AS AND FOR A FIRST CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER 35. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 34 with the same force and effect as if fully and at length set forth herein. 36. The Ruger P89 9 mm semi-automatic handgun used by Colin Ferguson on December 7, 1993 on the 5:33 Train was manufactured and sold by RUGER, and through the stream of commerce and distribution, came into the possession of Turn- er's Outdoorsman, a retailer in Long Beach, California. 37. The above named retailer sold the Ruger P89 handgun used in the December 7, 1993 shooting to Colin Fergu- son. 38. Before December 7, 1993, Colin Ferguson pur- chased the RAM and RUGER large capacity magazines which he used in the December 7, 1993 shooting. 39. Before December 7, 1993, Colin Ferguson pur- chased Winchester Black Talon bullets and FMJ bullets, both manufactured by OLIN, which he used in the December 7, 1993 shooting. 40. RUGER was aware and had full expectation when it manufactured, distributed and sold the P89 handgun that it would be used with attachable large capacity magazines with multi-rounds of bullets such as were used by Colin Ferguson on December 7, 1993. 41. RUGER was aware that the said P89 handgun would be used by other than law enforcement persons; that it was foreseeable that such a weapon would be used for criminal purposes; that as a semi-automatic handgun, it could be rapid- ly fired and reloaded, using large capacity magazines and Black Talon and FMJ bullets, thereby causing severe and dis- abling injuries and death. 42. RUGER marketed, advertised and sold the P89 handgun as a weapon that can fire many bullets without re- loading with the use of a large capacity magazine; that when the bullets in the magazine are expended, the gun can be quickly reloaded; that the shooter can engage in rapid and sustained fire; thereby being capable of mass killing and maiming. 43. That it was foreseeable by RUGER that the P89 handgun with an attachable large capacity magazine would at- tract unstable persons, criminals and persons who would seek to use this semi-automatic weapon for mass killing or maiming of human beings. 44. RUGER manufactured and sold the P89 handgun as a product that would kill or severely injure, cripple or maim many human beings. 45. RUGER knew, or should have known, that the P89 handgun, when used as a semi-automatic handgun, was not a sportsman's weapon and would not be a weapon for sport. 46. RUGER knew, or should have known, that the P89 handgun, in combination with a large capacity magazine loaded with bullets, would be a weapon likely used to kill and/or severely injure many persons in a mass shooting. 47. That by manufacturing, marketing, selling, shipping and making the P89 handgun available to all persons RUGER was negligent in that it invited all members of the general public to use the handgun as a semi-automatic with large capacity magazines. 48. That in manufacturing, marketing, selling, shipping and making the P89 handgun available to all persons RUGER was negligent in that it invited and encouraged all members of the general public to use the handgun as a semi- automatic with large capacity magazines loaded with bullets, including the Winchester Black Talon and FMJ bullets for any and all purposes, legal or otherwise. 49. By manufacturing and marketing the P89 handgun for use by any person, including undesirables, criminals, and unstable persons, as a semi-automatic handgun with provision for multi-round attachments and rapid fire of Winchester Black Talon and FMJ bullets, RUGER was placing into the stream of commerce a weapon capable of mass killings and infliction of severe injuries on human beings. 50. RUGER should have foreseen that the P89 handgun would be used as a semi-automatic weapon in a manner such as occurred on December 7, 1993 on the 5:33 Train; that is, in a mass shooting or a massacre-type attack; that is, it was foreseeable that the rapid-fire discharge of bullets would give rise to such occurrences as multiple killings and severe, crippling and maiming injuries. 51. RUGER was negligent in manufacturing and mar- keting a weapon for sale or distribution to persons other than law enforcement personnel, enabling these persons to kill and/or severely injure many persons; in making no effort to limit the users of the P89 handgun; in having knowledge that the P89 handgun was being used with such destructive and devastating bullets as the Winchester Black Talon and FMJ bullets without restriction. 52. RUGER sought to distribute the P89 handgun for use as a semi-automatic handgun together with its large capac- ity magazine or the RAM large capacity magazine firing multi- ple rounds of Winchester Black Talon or FMJ bullets to any and all persons for financial gain, knowing its use would cause destruction and devastation to law abiding persons. 53. That the aforesaid actions by RUGER were reck- less, careless and negligent. 54. That RUGER's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 55. That the defendants are jointly and severally liable to the plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, pursuant to an exception to C.P.L.R. Article 16. 56. That as a result of the foregoing, DENNIS McCARTHY sustained serious and severe injuries which resulted in his death. 57. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as the Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000) DOLLARS. AS AND FOR A SECOND CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER 58. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 57 with the same force and effect as if fully and at length set forth herein. 59. That as a result of the carelessness, reck- lessness and negligence of the defendants, DENNIS McCARTHY, died on the 7th day of December, 1993. 60. That plaintiff's decedent DENNIS McCARTHY, died leaving surviving him as his next-of-kin his wife, CAROLYN McCARTHY, and his son, KEVIN McCARTHY. 61. That by reason of the foregoing, plaintiff and the next-of-kin of the decedent sustained damages and have been injured. 62. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, as Executrix, demands judgment against the defendants in the sum of TEN MILLION ($10,000,000.00) DOLLARS together with interest from the 7th day of December, 1993. AS AND FOR A THIRD CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF KEVIN McCARTHY AGAINST RUGER 63. Plaintiff, KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 62 with the same force and effect as if fully and at length set forth herein. 64. That RUGER's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to plaintiff, KEVIN McCARTHY. 65. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 66. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A FOURTH CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF MARYANNE PHILLIPS AGAINST RUGER 67. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 66 with the same force and effect as if fully and at length set forth herein. 68. That RUGER's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to plaintiff, MARYANNE PHILLIPS. 69. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future con- tinue to be so incapacitated. 70. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST RUGER 71. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 70 with the same force and effect as if fully and at length set forth herein. 72. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 73. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 74. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR A SIXTH CAUSE OF ACTION +NEGLIGENCE) ON BEHALF OF CAROLYN McCARTHY INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF, DENNIS McCARTHY AGAINST RAM 75. Plaintiff, CAROLYN McCARTHY, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 74 and with the same force and effect as if fully and at length set forth herein. 76. The defendant, RAM, designed, manufactured, sold, shipped and distributed a detachable large capacity magazine capable of fitting the Ruger P89 handgun, thus creat- ing a semi-automatic handgun that could rapidly fire multiple rounds of bullets and quickly be replaced by successive maga- zines of the same characteristics. 77. RAM knew and could have foreseen that the magazine it manufactured was being used and would be used with rounds of Winchester Black Talon and FMJ bullets in a semi- automatic handgun such as the P89 by other than law enforce- ment persons, that such non-law enforcement persons included criminals, unstable persons and persons who would likely use such a weapon for mass and multiple killings and the inflic- tion of severe injuries. 78. RAM should have foreseen that the magazine it manufactured would lead to a mass shooting such as occurred on December 7, 1993 on the 5:33 Train. 79. RAM's magazines were designed to cause death and destructive injuries to persons. 80. RAM knew or should have known that the large capacity magazine should not be used for sport and would be used to kill and maim. 81. That RAM designed, manufactured, advertised and marketed its large capacity magazine to be used with handguns such as the P89 as a semi-automatic weapon, making it avail- able to the general public, which includes criminals, unstable persons, and persons who would be attracted to such weaponry for the purpose of committing mass or multiple killings and inflicting severe injuries upon innocent human beings. 82. RAM was reckless, careless and negligent in manufacturing marketing, selling and distributing the large capacity magazine that was used in the occurrence on December 7, 1993 on the 5:33 Train in that it failed to limit the sale and distribution of the magazine to law enforcement personnel; did not foresee the obvious danger in making the large capaci- ty magazines available to the general public; failed to fore- see that criminals and unstable persons could obtain these magazines; in making an inherently dangerous product available to criminals and unstable persons; in failing to foresee that its large capacity magazine attached to a semi-automatic handgun would be readily available to non-law enforcement persons; in failing to foresee that its large capacity maga- zine attached to a handgun such as the Ruger P89, would be used as a semi-automatic weapon for mass shooting and destruc- tion of law abiding citizens. 83. RAM sought to distribute large capacity maga- zine for use with a semi-automatic handgun to any and all persons for financial gain, knowing its use could cause death, destruction and devastation to law abiding persons. 84. That RAM's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 85. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, as the Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000) DOLLARS. AS AND FOR A SEVENTH CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RAM 86. Plaintiff, CAROLYN McCARTHY, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 85 with the same force and effect as if fully and at length set forth herein. 87. That RAM's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 88. That plaintiff's decedent DENNIS McCARTHY, died leaving surviving him as his next-of-kin his wife, CAROLYN McCARTHY, and his son, KEVIN McCARTHY. 89. That by reason of the foregoing, plaintiff and the next-of-kin of the decedent sustained damages and have been injured. 90. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, as Executrix, demands judgment against the defendants in the sum of TEN MILLION ($10,000,000.00) DOLLARS together with interest from the 7th day of December, 1993. AS AND FOR A EIGHTH CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF KEVIN McCARTHY AGAINST RAM 91. Plaintiff, KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 90 with the same force and effect as if fully and at length set forth herein. 92. That RAM's recklessness, carelessness and negli- gence were a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to KEVIN McCARTHY. 93. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 94. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A NINTH CAUSE OF ACTION +NEGLIGENCE) ON BEHALF OF MARYANNE PHILLIPS AGAINST RAM 95. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 94 with the same force and effect as if fully and at length set forth herein. 96. That RAM's recklessness, carelessness and negligence were a competent producing cause of and substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993-, resulting in the injuries to MARYANNE PHIL- LIPS. 97. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 98. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A TENTH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST RAM 99. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 98 with the same force and effect as if fully and at length set forth herein. 100. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 101. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 102. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR A ELEVENTH CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST OLIN 103. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 102 with the same force and effect as if fully and at length set forth herein. 104. The defendant, OLIN, manufactured, marketed, sold and distributed the Winchester Black Talon bullet such as was used by Colin Ferguson on the Long Island Railroad 5:33 Train on December 7, 1993. 105. OLIN manufactured, marketed, sold and distrib- uted the Full Metal Jacket bullet (FMJ) such as was used by Colin Ferguson on the Long Island Railroad 5:33 Train on December 7, 1993. 106. OLIN knew and could foresee that the Black Talon and FMJ bullets would be used in a large capacity maga- zine such as the RAM and RUGER magazines used by Colin Fergu- son on the Long Island Railroad 5:33 Train on December 7, 1993. 107. OLIN knew and could foresee that the Black Talon and FMJ bullets would be used in a large capacity maga- zine which could be attachable to the P89 Ruger handgun, thus creating a semi-automatic weapon that would fire multiple rounds of bullets rapidly and have the capability of being reloaded quickly, using magazines loaded with Black Talon and FMJ bullets. 108. OLIN's Black Talon bullet was and is manufac- tured, marketed, sold and distributed to the public as ammuni- tion which rips, tears and destroys organs, tissue and bones; to deeply penetrate a person's head, body and limbs, expand without separating into razor sharp edges, thereby ripping, cutting and destroying tissue, organs and bones while travel- ing through the head, body and limbs of a human being. 109. OLIN's Black Talon bullet was and is designed, manufactured and marketed as a hollow point bullet to specifi- cally allow the jacket of the bullet to expand and open and separate into multiple razor sharp edges when it enters a person's body in order to rip, cut, destroy organs, tissue and bones. The multiple razor sharp edges or talons of this bullet is designed to penetrate and travel through the human body without separating, thus continuing the destruction and devastation of human tissue, organs and bones along its path. 110. OLIN deliberately and purposefully advertised and marketed the Black Talon bullet, officially calling it the "Supreme Expansion Talon" or "SXT" because, as represented by OLIN, this bullet was and is the most highly advanced bullet for the purpose of deeply penetrating, ripping, cutting, de- stroying and devastating a human target. 111. In marketing and packaging the Black Talon bullet, OLIN created and developed and used the "Black Talon" name to advertise to its consumers that this bullet performs in the same manner as the ripping and cutting action of the talons on a bird. 112. OLIN's advertisements of the Black Talon bullets implied that the bullet's jacket was designed to eat its way through flesh, and that the design is revolutionary and more effective than other hollow point bullets. OLIN's package containing Black Talon bullets promotes the bullet with the term, "Deep Penetration" and "DP" to induce the consumer to purchase this bullet for deep penetration. 113. OLIN marketed, advertised and sold Black Talon bullets in a box on the cover of which is a logo, "Black Talon" held and clutched by sharply pointed talons specifical- ly designed to feature the ripping, cutting, lacerating ef- fects of the Black Talon bullet in order to induce buyers to purchase these bullets for use as described herein. 114. OLIN has withdrawn the "Black Talon" name, changing the same bullet's name to "RANGER SXT", a new acronym for "Supreme Expansion Technology", an acknowledgement of its intended impact of the word "talon" on consumers, and is now making the bullet available only to law enforcement personnel. 115. OLIN knew and should have foreseen that the Black Talon bullets inserted into large capacity magazines such as produced by RAM and RUGER which, when attached to P89 handguns, are inherently dangerous products; that such Black Talon bullets contained in a large capacity magazine attached to a P89 Ruger handgun is a weapon of mass destruction avail- able to non-law enforcement persons, including unstable indi- viduals and criminals. 116. OLIN knew or should have known or foreseen that its advertisements of the Black Talon's expanding, cut- ting, ripping, penetrating capabilities would be attractive to criminals, unstable people or persons intending to engage in the infliction of the type of injuries and death caused by the use of Black Talon bullets. 117. OLIN was reckless, careless and negligent in manufacturing, marketing, selling and distributing its Black Talon bullet to the general public and making it available to all types of persons; in not restricting its use to law en- forcement personnel; in failing to foresee that the Black Talon bullet would be attractive to criminals and unstable persons and those who would employ such a bullet in weapons of mass destruction such as the P89 Ruger handgun with large capacity magazines; in making available to the public an inherently dangerous product when used in the manner used by Colin Ferguson on the 5:33 Train on December 7, 1993 and in its actions and failures as hereinbefore stated. 118. OLIN sought to distribute the Black Talon bullet to any and all persons for financial gain, knowing its use could cause destruction and devastation to law abiding persons. 119. That RAM's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 120. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, as the Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000) DOLLARS. AS AND FOR A TWELFTH CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST OLIN 121. Plaintiff, CAROLYN McCARTHY, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 120 with the same force and effect as if fully and at length set forth herein. 122. That RAM's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 123. That plaintiff's decedent DENNIS McCARTHY, died leaving surviving him as his next-of-kin his wife, CARO- LYN McCARTHY, and his son, KEVIN McCARTHY. 124. That by reason of the foregoing, plaintiff and the next-of-kin of the decedent sustained damages and have been injured. 125. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, as Executrix, demands judgment against the defendants in the sum of TEN MILLION ($10,000,000.00) DOLLARS together with interest from the 7th day of December, 1993. AS AND FOR A THIRTEENTH CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF KEVIN McCARTHY AGAINST OLIN 126. Plaintiff, KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 125 with the same force and effect as if fully and at length set forth herein. 127. That RAM's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to KEVIN McCAR- THY. 128. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 129. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A FOURTEENTH CAUSE OF ACTION (NEGLIGENCE) ON BEHALF OF MARYANNE PHILLIPS AGAINST OLIN: 130. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 129 with the same force and effect as if fully and at length set forth herein. 131. That RAM's recklessness, carelessness and negligence were a competent producing cause of and a substan- tial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to plaintiff, MARYANNE PHILLIPS. 132. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; required to seek hospital and medical aid and attention in an effort and en- deavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 133. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A FIFTEENTH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST OLIN: 134. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 133 with the same force and effect as if fully and at length set forth herein. 135. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 136. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 137. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR A SIXTEENTH CAUSE OF ACTION (STRICT LIABILITY) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER 138. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 137 with the same force and effect as if fully and at length set forth herein. 139. The P89 handgun manufactured by RUGER was intended to be used as a semi-automatic weapon when a large capacity magazine is attached. 140. The Ruger P89 was intended to use ammunition such as Winchester Black Talon and FMJ bullets. 141. RUGER produced a large capacity magazine which was attachable to the P89 handgun. 142. In manufacturing the P89 for use as a semi- automatic handgun with large capacity magazine attachment con- taining Black Talon and FMJ bullets, RUGER knew or should have known that such a product would be a mass destruction weapon and that it was available to all types of users, including criminals and unstable persons, angry, revenge-seeking indi- viduals and persons who would be attracted to such a semi- automatic weapon containing such severely damaging bullets. 143. RUGER should have foreseen the danger that the P89 handgun combined with the large capacity magazine loaded with Black Talon bullets or other types of ammunition would pose to society, to the public. 144. In manufacturing a product like the P89 hand- gun for use as a semi-automatic weapon with large capacity magazine attachment loaded with Black Talon bullets or other ammunition, RUGER was aware of the hazards, dangers and harm that could be inflicted upon society, the general public and that this was an unsafe and inherently dangerous product. 145. That RUGER had a duty to manufacture a product for reasonable use by reasonable persons. RUGER failed to fulfill such duty. 146. RUGER is strictly liable for producing the Ruger P89 handgun for use as a semi-automatic weapon with attachable large capacity magazines such as RUGER's or RAM's loaded with Black Talon bullets, FMJ bullets or other ammuni- tion by any and all members of the public and for the reasons stated herein thereby causing death and injury to innocent persons such as occurred on the 5:33 Train on December 7, 1993. 147. RUGER's design and manufacture of the Ruger P89 handgun for use as a semi-automatic weapon as described herein, was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 148. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, as the Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000) DOLLARS. AS AND FOR A SEVENTEENTH CAUSE (STRICT LIABILITY) OF ACTION ON BEHALF OF CAROLYN McCARTHY INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER 149. Plaintiff, CAROLYN McCARTHY, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 148 with the same force and effect as if fully and at length set forth herein. 150. That RUGER's design and manufacture of the Ruger P89 handgun for use as a semi-automatic weapon as de- scribed herein, were a competent producing cause of and con- tributed to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 151. That plaintiff's decedent DENNIS McCARTHY, died leaving surviving him as his next-of-kin his wife, CARO- LYN McCARTHY, and his son, KEVIN McCARTHY. 152. That by reason of the foregoing, plaintiff and the next-of-kin of the decedent sustained damages and have been injured. 153. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, as Executrix, demands judgment against the defendants in the sum of TEN MILLION ($10,000,000.00) DOLLARS together with interest from the 7th day of December, 1993. AS AND FOR A EIGHTEENTH CAUSE OF ACTION (STRICT LIABILITY) ON BEHALF OF KEVIN McCARTHY AGAINST RUGER 154. Plaintiff, KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 153 with the same force and effect as if fully and at length set forth herein. 155. That RUGER's design and manufacture of the Ruger P89 handgun for use as a semi-automatic weapon as de- scribed herein, were a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to KEVIN McCARTHY. 156. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 157. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A NINETEENTH CAUSE OF ACTION (STRICT LIABILITY ON BEHALF OF MARYANNE PHILLIPS AGAINST RUGER: 158. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 157 with the same force and effect as if fully and at length set forth herein. 159. That RUGER's design and manufacture of the Ruger P89 handgun for use as a semi-automatic weapon as de- scribed herein, were a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to plain- tiff, MARYANNE PHILLIPS. 160. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 161. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A TWENTIETH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST RUGER: 162. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 161 with the same force and effect as if fully and at length set forth herein. 163. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 164. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 165. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR THE TWENTY-FIRST CAUSE OF ACTION ON BEHALF (STRICT LIABILITY) OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER AND RAM: 166. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 165 with the same force and effect as if fully and at length set forth herein. 167. That RAM and RUGER intended its large capacity magazines to be attached to such handguns as the Ruger P89 in order to be used as semi-automatic weapons. 168. That RAM and RUGER intended that the large capacity magazines would be used with bullets like the Win- chester Black Talon and FMJ bullets. 169. That RAM and RUGER knew, should have known, or should have foreseen that the RUGER P89 or similar handguns combined with large capacity magazines, such as manufactured by RAM and RUGER, and loaded with Black Talon bullets would cause ripping, cutting and lacerating injuries and death; that other ammunition would cause severe injuries and death. 170. In manufacturing, designing and selling these large capacity magazines and placing them in the stream of commerce for use by the general public, RAM and RUGER knew, should have know or should have foreseen that criminals, unstable persons, angry, revenge-seeking individuals, would be attracted to semi-automatic weapons containing such severely damaging bullets. 171. RAM and RUGER should have foreseen the danger that the P89 handgun, combined with a large capacity magazine loaded with Black Talon bullets or other types of ammunition would pose to society, to the public, when put in the hands of any and all persons. 172. In manufacturing a product like a large capac- ity magazine attachable to a handgun such as the P89, capable of being loaded with Black Talon bullets or other ammunition, RAM and RUGER were aware of the hazards, danger and harm that could be inflicted upon society and the general public; that RAM and RUGER were aware or should have been aware that this combination of handgun, large capacity weapon and bullet, was unsafe and an inherently dangerous product. 173. RAM and RUGER had a duty to manufacture a product for reasonable use by reasonable persons. RAM and RUGER failed to fulfill such responsibility and duty. 174. RAM and RUGER and strictly liable for produc- ing large capacity magazines for use as described herein by any and all members of the general public, giving rise to death and injury to innocent persons such as occurred on the 5:33 Train on December 7, 1993. 175. RAM's and RUGER's design and manufacture of large capacity magazines for use in handguns such as the P89 as semi-automatic weapons as described herein, was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, result- ing in the injuries and death to decedent, DENNIS McCARTHY. 176. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000.00) DOLLARS. AS AND FOR THE TWENTY-SECOND CAUSE OF ACTION ON BEHALF (STRICT LIABILITY) OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER AND RAM: 177. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 176 with the same force and effect as if fully and at length set forth herein. 178. RAM's and RUGER's design and manufacture of large capacity magazines for use in handguns such as the P89 as semi-automatic weapons as described herein, was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, result- ing in the injuries and death to decedent, DENNIS McCARTHY. 179. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of TEN MILLION ($10,000,000.00) DOLLARS with interest from December 7, 1993. AS AND FOR THE TWENTY-THIRD CAUSE OF ACTION (STRICT LIABILITY) BEHALF OF KEVIN McCARTHY. AGAINST RUGER AND RAM: 180. Plaintiff, KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 179 with the same force and effect as if fully and at length set forth herein. 181. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 182. RAM's and RUGER's design and manufacture of large capacity magazines for use in handguns such as the P89 as semi-automatic weapons as described herein, was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, result- ing in the injuries to KEVIN McCARTHY. 183. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A TWENTY-FOURTH CAUSE OF ACTION (STRICT LIABILITY) ON BEHALF OF MARYANNE PHILLIPS AGAINST RAM AND RUGER: 184. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 183 with the same force and effect as if fully and at length set forth herein. 185. RAM's and RUGER's design and manufacture of large capacity magazines for use in handguns such as the P89 as semi-automatic weapons as described herein, were a compe- tent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to plaintiff, MARYANNE PHILLIPS. 186. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 187. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A TWENTY-FIFTH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST RAM AND RUGER 188. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 187 with the same force and effect as if fully and at length set forth herein. 189. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 190. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 191. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR A TWENTY-SIXTH CAUSE OF ACTION ON BEHALF (STRICT LIABILITY) OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST OLIN: 192. Plaintiff CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 191 with the same force and effect as if fully and at length set forth herein. 193. In designing and manufacturing the Winchester Black Talon bullets OLIN knew and should have known and fore- seen that such a bullet would rip, tear, cut, and severely lacerate human tissue, organs and bones, causing crippling and permanent injuries and death to innocent persons. 194. In designing and manufacturing the Black Talon bullet, OLIN knew, should have known or foreseen that such a bullet could be used in a semi-automatic weapon capable of mass killing and injuries inflicted by criminals, unstable persons and persons who would be attracted to such a severely damaging and destructive bullet. 195. OLIN was aware that the Black Talon bullet would be loaded into a large capacity magazine attachable to a handgun such as the Ruger P89, thus making the weapon a semi- automatic handgun for use by any member of the general public; thus making this semi-automatic weapon containing Black Talon bullets or other ammunition available to criminals, unstable persons, and persons who would be attracted to such weapons having the capabilities of inflicting mass killings and severe and crippling injuries; that such weapons are inherently dangerous when manufactured, designed, sold and marketed for the use of the general public and without restriction. 196. OLIN is strictly liable for producing Black Talon bullets; for advertising, promoting and selling and distributing Black Talon bullets as described herein. 197. OLIN is strictly liable for producing Black Talon bullets capable of being used in a semi-automatic hand- gun such as the Ruger P89 with an attachable large capacity magazine by any and all members of the public, causing death and injury to innocent persons such as occurred on the 5;33 Train on December 7 1993. 198. OLIN's design and manufacture of the Black Talon bullet for use in handguns such as the P89 as described herewith was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to DENNIS McCARTHY. 199. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000.00) DOLLARS. AS AND FOR A TWENTY-SEVENTH CAUSE OF ACTION (STRICT LIABILITY) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST OLIN: 200. Plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 199 with the same force and effect as if fully and at length set forth herein. 201. OLIN's design and manufacture of Black Talon bullets for use in handguns such as the P89 as described herein, was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to decedent, DENNIS McCARTHY. 202. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of TEN MILLION ($10,000,000.00) DOLLARS together with interest from December 7, 1993. AS AND FOR THE TWENTY-EIGHTH CAUSE OF ACTION (STRICT LIABILITY) BEHALF OF KEVIN McCARTHY,AGAINST OLIN: 203. Plaintiff, KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 202 with the same force and effect as if fully and at length set forth herein. 204. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 205. OLIN's design and manufacture of the Black Talon bullet for use in handguns such as the P89 as described herein, was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to KEVIN McCARTHY. 206. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A TWENTY-NINTH CAUSE OF ACTION (STRICT LIABILITY) ON BEHALF OF MARYANNE PHILLIPS AGAINST OLIN: 207. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 206 with the same force and effect as if fully and at length set forth herein. 208. OLIN's design and manufacture of Black Talon bullets for use in handguns such as the P89, as described herein, were a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to plaintiff, MARYANNE PHILLIPS. 209. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 210. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A THIRTIETH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST OLIN: 211. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 210 with the same force and effect as if fully and at length set forth herein. 212. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 213. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 214. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR A THIRTY-FIRST CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER: 215. Plaintiff CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 214 with the same force and effect as if fully and at length set forth herein. 216. On and before December 7, 1993, defendant, RUGER, engaged in an abnormally dangerous or ultrahazardous activity in that it manufactured and designed the P89 handgun for use as a semi-automatic weapon capable of firing Black Talon bullets or other ammunition by any member of the general public. 217. RUGER designed and manufactured and made avail- able to the public without restriction an inherently dangerous product in that the P89 handgun is abnormally dangerous and ultrahazardous when used as a semi-automatic weapon with a large capacity magazine loaded with Black Talon bullets or other ammunition. 218. RUGER was and is engaged in abnormally danger- ous and ultrahazardous activity as described herein. 219. RUGER is strictly liable for engaging in an abnormally dangerous and ultrahazardous activity as described herein. 220. That in designing and manufacturing the P89 for use as described herein, RUGER was engaged in an abnor- mally dangerous and ultrahazardous activity which was a compe- tent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death of DENNIS McCARTHY. 221. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000.00) DOLLARS. AS AND FOR A THIRTY-SECOND CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RUGER: 222. Plaintiff CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 221 with the same force and effect as if fully and at length set forth herein. 223. That in designing and manufacturing the P89 for use as described herein, RUGER was engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, result- ing in the injuries and death of DENNIS McCARTHY. 224. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of TEN MILLION ($10,000,000.00) DOLLARS together with interest from December 7, 1993. AS AND FOR A THIRTY-THIRD CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF KEVIN McCARTHY AGAINST RUGER: 225. Plaintiff KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 224 with the same force and effect as if fully and at length set forth herein. 226. That in designing and manufacturing the P89 for use as described herein, RUGER was engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, result- ing in the injuries to KEVIN McCARTHY. 227. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 228. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A THIRTY-FOURTH CAUSE OF ACTION (STRICT LIABILITY) ON BEHALF OF MARYANNE PHILLIPS AGAINST RUGER: 229. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 228 with the same force and effect as if fully and at length set forth herein. 230. That in designing and manufacturing the P89 for use as described herein, RUGER was engaged in an abnor- mally dangerous and ultrahazardous activity which was a compe- tent producing cause of and a substantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to MARYANNE PHILLIPS. 231. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 232. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A THIRTY-FIFTH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST RUGER: 233. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 233 with the same force and effect as if fully and at length set forth herein. 234. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 235. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 236. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR A THIRTY-SIXTH CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RAM AND RUGER 237. Plaintiff CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 236 with the same force and effect as if fully and at length set forth herein. 238. Defendants, RAM and RUGER engaged in an abnor- mally dangerous and ultrahazardous activity in that it manu- factured and designed large capacity magazines for use with handguns such as the P89 as a semi-automatic weapon capable of rapid firing and reloading with Black Talon bullets or other ammunition. 239. RAM and RUGER engaged in the activity described in the previous paragraph and made their large capacity maga- zine products for use as described herein by any member of the general public. 240. RAM & RUGER designed and manufactured an inherently dangerous product in that their large capacity magazines are attachable to handguns such as the P89, to create semi-automatic weapons which are all abnormally danger- ous and ultrahazardous, especially when used with Black Talon bullets without restriction. 241. RUGER and RAM made available to all members of the general public their large capacity magazines as described above without restriction. 242. RAM and RUGER are strictly liable for engaging in abnormally dangerous and ultrahazardous activity as de- scribed herein. 243. That in designing and manufacturing the large capacity magazines for use as described herein, RUGER and RAM were engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a sub- stantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to DENNIS McCARTHY. 244. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000.00) DOLLARS. AS AND FOR A THIRTY-SEVENTH CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST RAM AND RUGER 245. Plaintiff CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 244 with the same force and effect as if fully and at length set forth herein. 246. That in designing and manufacturing the large capacity magazines for use as described herein, RUGER and RAM were engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a sub- stantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to DENNIS McCARTHY. 247. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of TEN MILLION ($10,000,000) DOLLARS together with interest from December 7, 1993. AS AND FOR A THIRTY-EIGHTH CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF KEVIN McCARTHY AGAINST RAM AND RUGER 248. Plaintiff KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 247 with the same force and effect as if fully and at length set forth herein. 249. That in designing and manufacturing the large capacity magazines for use as described herein, RUGER and RAM were engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a sub- stantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to KEVIN McCARTHY. 250. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 251. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A THIRTY-NINTH CAUSE OF ACTION (ULTRA HAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF MARYANNE PHILLIPS AGAINST RAM AND RUGER: 252. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 251 with the same force and effect as if fully and at length set forth herein. 253. That in designing and manufacturing the large capacity magazines for use as described herein, RUGER and RAM were engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a sub- stantial factor contributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to MARY- ANNE PHILLIPS. 254. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 255. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A FORTIETH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST RAM AND RUGER: 256. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 255 with the same force and effect as if fully and at length set forth herein. 257. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 258. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 259. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. AS AND FOR A FORTY-FIRST CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST OLIN: 260. Plaintiff CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 259 with the same force and effect as if fully and at length set forth herein. 261. On and before December 7, 1993 defendant, OLIN engaged in an abnormally dangerous and ultrahazardous activity in that it manufactured and designed the Black Talon bullet. 262. OLIN's Black Talon bullet was made with the intent to tear, rip, cut, destroy tissue, organs, bones, in the human body for use by members of the general public with- out restriction. 263. In designing and manufacturing the Black Talon bullet for use as described herein, OLIN produce an inherently dangerous product, thereby engaging in an abnormally dangerous and ultrahazardous activity. 264. OLIN made the Black Talon bullet available to all members of the general public without restriction. 265. OLIN is strictly liable for engaging in an abnormally dangerous and ultrahazardous activity. 266. That in designing and manufacturing the Black Talon bullet for use as described herein, OLIN engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a substantial factor con- tributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to DENNIS McCARTHY. 267. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of ONE MILLION ($1,000,000) DOLLARS. AS AND FOR A FORTY-SECOND CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF CAROLYN McCARTHY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DENNIS McCARTHY AGAINST OLIN 268. Plaintiff CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, repeats, reit- erates and realleges each and every allegation contained in paragraphs 1 through 267 with the same force and effect as if fully and at length set forth herein. 269. That in designing and manufacturing the Black Talon bullet for use as described herein, OLIN engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a substantial factor con- tributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries and death to DENNIS McCARTHY. 270. That as a result of the foregoing, plaintiff, CAROLYN McCARTHY, individually and as Executrix of the Estate of DENNIS McCARTHY, has been injured and sustained damages in the sum of TEN MILLION ($10,000,000) DOLLARS together with interest from December 7, 1993. AS AND FOR A FORTY-THIRD CAUSE OF ACTION (ULTRAHAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF KEVIN McCARTHY AGAINST OLIN 271. Plaintiff KEVIN McCARTHY, repeats, reiterates and realleges each and every allegation contained in para- graphs 1 through 270 with the same force and effect as if fully and at length set forth herein. 272. That in designing and manufacturing the Black Talon bullet for use as described herein, OLIN engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a substantial factor con- tributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to KEVIN McCARTHY. 273. That the defendants are jointly and severally liable to the plaintiff, KEVIN McCARTHY, pursuant to an excep- tion to C.P.L.R. Article 16. 274. That as a result of the foregoing occurrence, plaintiff, KEVIN McCARTHY, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and en- deavor to help cure him of his said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to his usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 275. That as a result of the foregoing, plaintiff, KEVIN McCARTHY, has been injured and sustained damages in the sum of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS. AS AND FOR A FORTY-FOURTH CAUSE OF ACTION (ULTRA HAZARDOUS, ABNORMALLY DANGEROUS) ON BEHALF OF MARYANNE PHILLIPS AGAINST OLIN 276. Plaintiff, MARYANNE PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 275 with the same force and effect as if fully and at length set forth herein. 277. That in designing and manufacturing the Black Talon bullet for use as described herein, OLIN engaged in an abnormally dangerous and ultrahazardous activity which was a competent producing cause of and a substantial factor con- tributing to the occurrence on the 5:33 Train on December 7, 1993, resulting in the injuries to MARYANNE PHILLIPS. 278. That as a result of the foregoing occurrence, plaintiff, MARYANNE PHILLIPS, has sustained serious, severe and permanent personal injuries; has been injured internally and externally, mentally and physically; has been required to seek hospital and medical aid and attention in an effort and endeavor to help cure her of her said injuries and will in the future be required to seek further hospital and medical aid and attention; was required to pay therefor; lost earnings; was incapacitated from attending to her usual and customary duties, activities and vocation with the same degree of force and efficiency as prior thereto and will in the future contin- ue to be so incapacitated. 279. That as a result of the foregoing, plaintiff, MARYANNE PHILLIPS, has been injured and sustained damages in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. AS AND FOR A FORTY-FIFTH CAUSE OF ACTION ON BEHALF OF ROBERT C. PHILLIPS AGAINST OLIN: 280. Plaintiff, ROBERT C. PHILLIPS, repeats, reiter- ates and realleges each and every allegation contained in paragraphs 1 through 279 with the same force and effect as if fully and at length set forth herein. 281. That on and after December 7, 1993, plaintiff, ROBERT C. PHILLIPS, was the lawfully wedded husband of the plaintiff, MARYANNE PHILLIPS. 282. That as a result of the injuries sustained by the plaintiff, MARYANNE PHILLIPS, the plaintiff, ROBERT C. PHILLIPS, has lost the services, society and consortium of his wife, has been deprived of the love and consortium of his wife, and has expended sums of money. 283. That as a result of the foregoing, plaintiff, ROBERT C. PHILLIPS, has been injured and sustained damages in the sum of FIVE HUNDRED ($500,000.00) DOLLARS. WHEREFORE plaintiffs demand judgment against the defen- dants: On behalf of the First Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendant's willful and wanton actions; with interest from December 7, 1993; On behalf of the Second Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in pun- dive damages for the defendant's wailful and wanton actions with interest from December 7, 1993; On behalf of the Third Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Fourth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Fifth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in punitive damages for the defendant's wilful and wanton actions; On behalf of the Sixth Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendant's wilful and wanton actions; with interest from December 7, 1993; On behalf of the Seventh Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in puni- tive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Eighth Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Ninth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Tenth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in punitive damages for the defendant's wilful and wanton actions; On behalf of the Eleventh Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Twelfth Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in puni- tive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Thirteenth Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Fourteenth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Fifteenth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in punitive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Sixteenth Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendant's wilful and wanton actions; On behalf of the Seventeenth Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in punitive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Eighteenth Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Nineteenth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in puni- tive damaqes for the defendant's wilful and wanton actions; On behalf of the Twentieth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in punitive damages for the defendant's wilful and wanton actions; On behalf of the Twenty-First Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendants' wilful and wanton ac- tlons; On behalf of the Twenty-Second Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in punitive damages for the defendants' wilful and wanton actions with interest from December 7, 1993; On behalf of the Twenty-Third Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in punitive damages for the defendants' wilful and wanton ac- tions; On behalf of the Twenty-Fourth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in punitive damages for the defendants' wilful and wanton ac- tions; On behalf of the Twenty-Fifth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in puni- tive damages for the defendants' wilful and wanton actions; On behalf of the Twenty-Sixth Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Twenty-Seventh Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in punitive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Twenty-Eighth Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Twenty-Ninth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Thirtieth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in punitive damages for the defendant's wilful and wanton actions; On behalf of the Thirty-First Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Thirty-Second Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in punitive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Thirty-Third Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Thirty-Fourth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Thirty-Fifth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in puni- tive damages for the defendant's wilful and wanton actions; On behalf of the Thirty-Sixth Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendants' wilful and wanton ac- tions; On behalf of the Thirty-Seventh Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in punitive damages for the defendants' wilful and wanton actions with interest from December 7, 1993; On behalf of the Thirty-Eighth Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in punitive damages for the defendants' wilful and wanton ac- tions; On behalf of the Thirty-Ninth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in punitive damages for the defendants' wilful and wanton ac- tions; On behalf of the Fortieth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in punitive damages for the defendants' wilful and wanton actions; On behalf of the Forty-First Cause of Action in the sum of $1,000,000 in compensatory damages plus $3,000,000 in punitive damages for the defendant's wilful and wanton ac- tlons; On behalf of the Forty-Second Cause of Action in the sum of $10,000,000 in compensatory damages plus $30,000,000 in punitive damages for the defendant's wilful and wanton actions with interest from December 7, 1993; On behalf of the Forty-Third Cause of Action in the sum of $25,000,000 in compensatory damages plus $75,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Forty-Fourth Cause of Action in the sum of $5,000,000 in compensatory damages plus $15,000,000 in punitive damages for the defendant's wilful and wanton ac- tions; On behalf of the Forty-Fifth Cause of Action in the sum of $500,000 in compensatory damages plus $1,500,000 in puni- tive damages for the defendant's wilful and wanton actions; Together with the costs and disbursements of these ac- tions. Dated: New York, New York May 16, 1995 Yours, etc. LEON SEGAN, ESQ. Attorney for Plaintiff 112 Madison Avenue New York, New York 10016 (212) 696 9100 ATTORNEY AFFIRMATION The undersigned, an attorney admitted to practice in the courts of New York State, affirms: That affiant is associated with Leon Segan, the attor- ney(s) of record for plaintiff in the within action; affiant has read the foregoing Complaint and knows the contents there- of; the same is true to affiant's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that those matters deponent believes to be true. This affirmation is made by affiant and not by plaintiff as plaintiff does not reside in the county in which affiant maintains his office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York May 16, 1995