Green Petition
Green Petition
Green Petition
ZARPKA GREEN, )
)
Plaintiffs, )
)
) No. LACV120370
)
vs. )
) AMENDED PETITION AT LAW
RYAN HOENICKE, DANIELLE WILLIAMS, ) and JURY DEMAND
CLEO BOYD, ALLEN FINCHUM, )
TERRY VAN HUYSEN, JIM BAILEY )
TPI IOWA, LLC, TPI COMPOSITES, INC. )
And INSURANCE COMPANY STATE OF )
PENNSYLVANIA )
)
Defendants. )
COMES NOW, Plaintiff Zarpka Green, by and through the undersigned counsel, and
hereby files her Petition at Law against Defendants TPI Composites, Inc., TPI Iowa, LLC, Ryan
Hoenicke, Danielle Williams, Cleo Boyd, Allen Finchum, Terry Van Huysen, Jim Bailey and
knowledge as to himself and her own acts, and upon information and belief based upon the
PARTIES
1. At all times material hereto, Plaintiff Zarpka Green (Green) was a resident of
Polk County, Iowa, and employed by Defendant TPI Iowa, LLC a Delaware limited liability
company.
2. At all times material hereto, and upon information and belief, Defendant TPI
Composites, Inc. (TPI Composites) was a corporation registered with the Secretary of State of
3. Upon information and belief, at all times material hereto, Defendant Ryan
Hoenicke was employed by TPI Iowa as an Environmental Health and Safety Manager, and a
4. Upon information and belief, at all times material hereto, Defendant Danielle
5. Upon information and belief, at all times material hereto, Defendant Cleo Boyd
6. Upon information and belief, at all times material hereto, Defendant Terry Van
Huysen was employed by TPI Iowa as the general manager, and a resident of Polk County, Iowa.
7. Upon information and belief, at all times material hereto, Defendant Allen
8. Upon information and belief, at times material hereto, Defendant Jim Bailey was
10. These are gross negligence, civil rights, public policy, fraud, breach of contract,
breach of duty of good faith and fair dealing, negligence, joint venture and punitive damage
claims, and her court has jurisdiction over the subject matter and the parties to her cause of
action.
11. Venue is proper in Jasper County pursuant to Iowa Code Section 616.18.
FACTUAL BACKGROUND
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14. TPI Composites is a wind blade manufacturing business having one of its
15. TPI Iowa is a wind blade manufacturing business located at 2300 N. 33rd Ave.,
Newton, Iowa.
16. TPI Composites holds itself out as the largest U.S. based independent
18. TPI Iowa employs hundreds of employees at the Newton, Iowa manufacturing
plant.
19. At all material times hereto, Green was a prospective, current or former employee
of TPI Iowa.
20. As a part of the wind blade manufacturing process, TPI Iowas employees work
21. During her employment at TPI Iowa, Green worked with hazardous chemicals
22. TPI Iowas employees work with Dry Layup Adhesives while manufacturing the
wind blades.
23. TPI Iowas employees work with a hazardous Curing Agent while manufacturing
24. TPI Iowas employees work with a hazardous Resin while manufacturing the
wind blades.
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25. In addition to the Adhesives, Curing Agent and Resin, TPI Employees work with
oher toxic chemicals (Adhesives, Resin, Curing Agent & oher chemicals collectively referred to
as Chemicals).
26. The Dry Layup Adhesives are flammable liquefied gases and/or vapors.
27. The Dry Layup Adhesives are known to cause adverse target organ effects, birth
defects, oher reproductive harm, eye irritation, skin irritation, respiratory tract irritation, cardiac
28. The Resin is known to cause skin corrosion or irritation, serious eye damage, skin
sensitization, cancer, damage to fertility, damage to the unborn child, respiratory irritation, and
29. The Curing Agent is can be toxic following a single oral or dermal exposure.
30. The Curing Agent is classified can cause skin corrosion or irritation, serious eye
damage, damage to fertility, and allergy or asthma symptoms or breathing difficulties if inhaled.
32. Since August 13, 2008, TPI Iowa, LLC has documented approximately three
hundred fifty (350) injuries on its Iowa OSHA logs caused by Chemical exposure to its
34. As of May 1, 2016, hundreds of Chemical injuries had been documented by TPI
35. Greens work duties at TPI included, but were not limited to the molding
department, where Green would enter wind blades and apply chemicals to the wind blades.
37. Green was not provided with sufficient PPE to protect her from the known
38. The PPE provided to the Green did not prevent exposure, inhalation, or ingestion,
of the Chemicals.
39. Defendants knew that Green was not provided with sufficient protective
40. While employed at TPI Iowa, Green reported to Defendants that her skin was
41. At the time Green initially reported her symptoms, Green was not sent to a doctor.
was administered by non-medical professionals, and consisted of applying lotions and bandages
43. At the time Green reported her symptoms, employees at TPI Iowa also instructed
44. On or about January 4, 2016, Green suffered a horrific breakout of rashes and
47. The January 2016 reaction was months after she experienced and reported initial
symptoms to Defendants.
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48. In January 2016, Defendants sent Green to a physician named Dr. Miller.
49. Dr. Miller concluded that Green had a permanent allergy to epoxy resin and told
50. Green did not have an allergy to epoxy resin prior to being exposed to the
51. Green requested an accommodation from TPI Iowa to comply with Dr. Millers
restrictions.
52. Upon receipt of Greens request for an accommodation, TPI Iowa did not engage
54. To date, Green continues to suffer adverse symptoms from the Chemicals.
55. Green itches all over her body as a result of the Chemical exposure.
57. Defendants each owed a duty of care to Green while Green was working in the
59. Defendants each had knowledge and understood that the Chemicals used by
60. Defendants each knew that it was probable, and not merely possible, that Green
61. Defendants each consciously failed to avoid the danger of Green suffering injuries
62. Green suffered damages as a result of her injuries caused by the Chemicals.
COUNT II: VIOLATION OF THE IOWA CIVIL RIGHTS ACT (IOWA CODE
CHAPTER 216) DIABILITY DISCRIMINATION
(Green vs. TPI Iowa)
63. Green incorporates by reference paragraphs 1 through 62 of the Petition as if fully
64. Within three hundred (300) days of the acts which she complains, Green filed
charges of discrimination with the Iowa Civil Rights Commission against the above-named
65. On February 8, 2017, less than ninety (90) days prior to the filing her Petition, the
Iowa Civil Rights Commission issued to Green, pursuant to Iowa Code Chapter 216.16, a Notice
66. Greens physical conditions covered by the Iowa Civil Rights Act which qualify
as disabilities include permanent injuries as a result of her exposure to Chemicals while working
67. Greens permanent injuries due to Chemical exposure substantially limit one or
69. Greens physical impairments at the time of her employment with TPI Iowa
qualified him under the Iowa Civil Rights Act as he was substantially limited in one or more
major life activities, were regarded as having a physical and/or mental impairment that
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substantially limited one or more major life activities, or had a record of a physical or mental
70. TPI Iowa violated the Iowa Civil Rights Act by failing to accommodate Green
conditions and by terminating him because of her conditions covered by the Iowa Civil Rights
Act.
71. Greens termination in violation of the Iowa Civil Rights Act was a proximate
74. Greens employment was terminated because she filed a workers compensation
claim.
75. Greens employment was terminated after TPI Iowa knowingly infected her with
a health condition that allegedly precluded him from continuing her employment at TPI Iowa for
safety reasons.
76. Greens discharge from employment was a proximate cause of damages suffered
by Green.
77. As a result of TPI Iowas actions as set forth above, Green has suffered emotional
distress, mental anguish, pain and suffering, inconvenience, humiliation, loss of the enjoyment of
life, medical expenses, and lost past and future wages and benefits.
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COUNT IV FRAUD
79. TPI Composites and TPI Iowa represented to Green that as an employee, Green
80. TPI Composites and TPI Iowa represented to Green that her health and safety was
a primary consideration in every company decision and plan made by TPI Composites and TPI
Iowa.
81. TPI Composites and TPI Iowa represented to Green that they were committed to
82. TPI Composites and TPI Iowa represented to Green that they would provide her
83. TPI Composites and TPI Iowa represented to Green that they had established
84. TPI Composites and TPI Iowa represented to Green that they provide training to
85. TPI Composites and TPI Iowa represented to Green that they would ensure that
she would work in an environment that is free from recognized hazards that are likely to cause
86. TPI Composites and TPI Iowa represented to Green that if she suffered an injury,
they would send her to a doctor to determine if the injury was work-related.
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87. TPI Composites and TPI Iowa represented to Green that they had established a
safety committee to enforce safety policies and prevent accidents and injuries in areas of safety
concern.
88. TPI Composites and TPI Iowa represented to Green that the materials she worked
with were not dangerous if he wore the PPE provided by TPI Composites and TPI Iowa.
89. TPI Composites and TPI Iowa represented to Green that allergic contact
90. The representations made by TPI and TPI Iowa in paragraphs seventy-nine (79)
91. The misrepresentations made by TPI and TPI Iowa in paragraphs seventy-nine
92. TPI Composites and TPI Iowa made the misrepresentations to Green with the
93. TPI Composites and TPI Iowa made the misrepresentations to Green with the
intent to deceive her so that she would continue to work at TPI Iowa after he accepted
employment.
94. TPI Composites and TPI Iowa made the misrepresentations to Green with the
intent to deceive her so that they could employ her and fulfill production expectations for which
95. TPI Composites and TPI Iowa made the misrepresentations to Green with the
intent to deceive her so that they could make a monetary profit at the expense of Greens
98. TPI Composites and TPI Iowa knew that their misrepresentations were false given
that they had reported hundreds of chemical injuries in their Iowa OSHA logs prior to Greens
injury.
99. TPI Composites and TPI Iowa knew that their misrepresentations were false given
their systematic practice of hiring healthy employees and then terminating them from
100. TPI Iowa used Iowas workers compensation statute to perpetrate the fraud
101. Green suffered damages when he was permanently injured due to exposure to the
102. Green suffered damages when she was terminated by TPI Iowa from employment.
104. TPI Iowas offer of employment to Green communicated to Green that it would
105. TPI Iowas offer of employment to Green communicated to Green that TPI Iowa
106. TPI Iowas offer of employment to Green communicated to Green that TPI Iowa
107. TPI Iowas offer of employment to Green communicated to Green that TPI Iowa
would provide her with a work environment that was free from recognized hazards that result in
108. Green accepted TPI Iowas offer for employment by commencing employment in
or around May 2016 and working continuously at TPI Iowa for several months.
109. TPI Iowa breached its agreement with Green by failing to provide Green with a
110. TPI Iowa breached its agreement with Green by failing to establish and/or comply
111. TPI Iowa breached its agreement with Green by failing to provide Green with a
work environment that was free from recognized hazards that result in serious harm.
113. The damages sustained by Green were proximately caused by TPI Iowa.
115. TPI Iowa failed to act in good faith with respect to its offer for employment to
Green.
116. TPI Iowa failed to act in good faith with respect to its employment relationship
with Green.
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117. TPI Iowa evaded its obligation of good faith in performance by failing to provide
118. TPI Iowa evaded its obligation of good faith in performance by failing to provide
119. Green suffered damages as a result of TPI Iowas breach of implied covenant of
120. The damages sustained by Green were proximately caused by TPI Iowa.
122. TPI Composites and TPI Iowa are an association of two entities engaged in the
123. TPI Composites and TPI Iowa are engaged in a common undertaking.
124. TPI Composites and TPI Iowas wind blade manufacturing business enterprises
125. TPI Composites and TPI Iowa have a joint proprietary interest in their for profit
business enterprises.
126. TPI Composites and TPI Iowa have a mutual right to control their for profit
business enterprises.
127. TPI Composites and TPI Iowa have a right to share in the profits of their for profit
business enterprises.
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128. TPI Composites and TPI Iowa have a duty to share in the losses of their for profit
business enterprises.
131. TPI Iowa was negligent in facility to provide Green with a safe workplace
environment.
134. TPI Composites is liable to Green for her damages proximately caused by TPI
Iowas negligence.
136. TPI Composites owed Green a duty to provide her with a safe workplace.
137. TPI Composites was negligent in failing to provide Green with a safe workplace
environment.
COUNT IX PIERCING
143. TPI Composites used TPI Iowa as a means of perpetrating fraud against Green.
144. TPI Composites used TPI Iowa as an unfair device to perpetrate fraud against
Green.
145. TPI Composites used TPI Iowa as a means to attempt to avoid its legal obligation
146. TPI Composites used TPI Iowa to circumvent liability under Iowas
discrimination statutes.
147. TPI Composites used TPI Iowa to circumvent liability under Iowas workers
compensation statutes.
TPI Iowa was used primarily by TPI Composites as a means to promote fraud and injustice.
149. While Green was employed at TPI Iowa, Insurance Company State of
consideration, an inspection(s) that it should have recognized as necessary for the protection of
Green.
151. Insurance Company State of Pennsylvania is liable to Green for physical harm
resulting from its failure to exercise reasonable care to protect his undertaking because its failure
152. Insurance Company State of Pennsylvania is liable to Green for physical harm
resulting from its failure to exercise reasonable care to protect his undertaking because the harm
to Green was suffered because of reliance of TPI Composites, TPI Iowa or Green upon the
undertaking.
153. Insurance Company State of Pennsylvania is liable to Green for physical harm
resulting from its failure to exercise reasonable care to protect his undertaking because it
undertook to perform a duty owed by TPI Composites and TPI Iowa to Green.
154. Green incorporates paragraphs 1 through 153 of the Petition as if fully set forth
herein.
155. Insurance Company State of Pennsylvania owed a duty to Green to inspect the
156. Insurance Company State of Pennsylvania failed to inspect the premises at TPI
Iowa.
157. Insurance Company State of Pennsylvanias failure to inspect the premises at TPI
158. Insurance Company State of Pennsylvania is liable to Green for the damages
suffered by Green as a result of its failure to inspect the premises at TPI Iowa.
159. Defendants took the actions in paragraphs 1 through 158 above with the willful
160. The actions described in paragraphs 1 through 158, except those averments
pertaining to TPI Iowas violations of the Iowa Civil Rights Act, entitle Green to punitive
damages.
WHEREFORE, Plaintiff Green requests judgment be entered in her favor and against
Defendant TPI Iowa, LLC, and that the Court order the following:
Plaintiffs rights as secured by Iowa Code Chapter 216, and the public policy of the state of
Iowa;
B. That TPI Iowa be enjoined from any conduct violating Plaintiffs rights or the
rights of others similarly situated as secured by Iowa Code Chapter 216, the public policy of the
state of Iowa, and such injunctive and other relief as will prevent TPI Iowa from continuing their
discriminatory practices;
against Defendants;
D. That judgment for lost earnings and benefits with interest and other affirmative
F. That Plaintiff Green be awarded reasonable attorney fees and costs; and
G. That Plaintiff Green be awarded such other additional and further relief as the
WHEREFORE, Plaintiff Green requests judgment be entered in her favor and against
Defendant TPI Composites, TPI Iowa, LLC, Hoenicke, Williams, Boyd, Finchum, Van Huysen,
Bailey, and Insurance Company State of Pennsylvania, and that the Court order the Defendants
I. Punitive damages;
J. Any other element of loss recognized by Iowa law not specifically set forth
herein;
K. Any other additional and further relief that the Court deems proper.
JURY DEMAND
Respectfully Submitted,