Document 3N9oqo6JMxYxEJ71qQOd7NB10

ROBERT L. HOLLINOSHEAO DIRECT DIAL NUMBER (201) 031*48(7 Pitney, Hardin, Kipp & Szuch 163 MADISON AVENUE P. O. BOX 1945 MORRISTOWN. NEW JERSEY 07960-1945 MORRISTOWN (SOI) 267-3333 NEW YORK (SIS) 926-0331 TELEX 642014 TELECOPIER (20!) 67*3727 November 10, 1989 left NEWARK ornce 33 WASHINGTON STREET NEWARK, NEW JERSEY 07102 (201) 023-1900 John Downey, Esq. Union Carbide Corporation Law Department E3-285 39 Old Ridgebury Road Danbury, CT 06817-0001 Re: Peterson v. Union Carbide Corporation Dear John: Enclosed please find copies of two letters of today's date from me to Mr. Levinson, supplementing Union Carbide's answers to the plaintiffs' Interrogatories and Supplemental Interrogatories. Also enclosed is a copy of Mr. Levinson's letter of October 31 regarding the plaintiffs' damages. Sincerely RLH/da Enclosures t ROBERT L. HOLLINGSHEAD UCC 088468 UNION CARBIDE CHEMICALS AND PLASTICS COMPANY INC. Law D partment 39 Old Ridgebury Road Danbury, CT 06817-0001 November 10, 1989 Robert L. Hollingshead, Esq* Pitney, Hardin, Kipp & Szuch 163 Madison Avenue P.O. Box 1945 M rristown, NJ 07962-1945 Re: John Peterson, et ux. et al. v. Union Carbide Corporation Hazel J. Benedict v. Union Carbide Corporation Joan Bernadlno, Executrix of the Estate of Robert J. Bernadlno v. Union Carbide Corporation Dear Mr. Hollingshead: Following up on our conversations of November 6, 1989 in r gard to the above three files, I did want to discuss my understanding of our relationship with respect to increase of fees. There is language in all retention letters on the topic. If you look at the letter of August 3, 1989 in the Bernadlno file, for xample, you will see that the letter states the following concerning legal fees: "Increases in these fees will be cleared with me b for becoming effective." As discussed with you in our conversation on November 6th, there had been no prior discussion concerning the increase of fees with your firm prior to receipt of your bill dated October 26, 1989. Might I suggest that we take a second look at the circumstances surrounding the 14.6% increase in your fees. It had been my understanding that your fee would be the same throughout the balance of the services rendered on a particular file. Why don't we plan on resolving this if we can within the next fifteen days? *In the meantime, as you have suggested, we will not process your bills in the above three files. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" Very truly yours,\ JRD/es cc: Betty-Lynn Whit , Esq. UCC 088469  6ll"T L, MOt.LlNGSWE.AO OIRCCT DIAL NUMBER (201) C3UOI7 Pitney, Hardin, Kipp & Szuch 163 MADISON AVENUE P. O. BOX 1945 MORRISTOWN, NEW JERSEY 07960-1945 MOPBlSTOWN (501) 27 3333 NEW yOBK (2i) 926.0331 TELEX 6A20IA TELECQPieft (201) 267-3727 November 10, 1989 NEWARK OPPiCE 33 WASHINGTON STREET NEWARK. NEW JERSEY 0*102 (200 023 i960 Alfred A. Levinson, Esq. Levinson, Axelrod, Wheaton & Grayzel 2 Lincoln Highway Box 2905 Edison, New Jersey 08818 Re: Peterson v. anion Carbide Corporation Dear Mr. Levinson The defendant Union Carbide Corporation hereby supplements its answers to the Plaintiffs' Interrogatories in this matter, as follows: 38. Attached hereto collectively as Exhibit A are copies of PVC resin bag labels, identified as follows: - PVC Suspension Resin - Domestic Bag (1967) PVC Suspension Resin - Domestic Bag (19681970) - PVC Suspension Resin - Export Bag (19701977) PVC Suspension Resin - Domestic Bag (19711974) PVC Suspension Resin - Domestic Bag (19751977) PVC Nonsolvent Resin - Export Bag (1970) - PVC Nonsolvent Resin - Domestic Bag (1970) - PVC Solution Resin - Domestic Bag (1966- 1970) PVC Solution Resin - Domestic Bag (1970- 1972) PVC Solution Resin - Domestic Bag (1973- 1976) PVC Solution Resin - Domestic Bag (1976- 1981) PVC Solution Resin - Domestic Bags - Filled Ucc 088470 ^itnev. Hardin, Kipp , SzuCH Page 2 Alfred A. Levinson, Esq. November 10, 1989 OSHA Warning Label for Pallets and Bulk Containers (1975-1977) 39. See answer to no. 38. 44. The defendant intends to offer the expert testimony of Dr. Ted Loomis and R.N. Wheeler, Jr. at the trial in this matter. 45. The expert reports of Dr. Loomis and Mr. Wheeler have been provided to plaintiffs' counsel. 52. Copies of 8 Product Standards and 35 Material Safety Data Sheets (MSDS's) are attached hereto collectively as Exhibit B. Product Standards were issued before MSDS's were in general use. 94. Union Carbide's Medical Directors from 1967 to 1981 were Dr. Jack Walsh and Dr. Tom Lincoln. 143. Additional persons who have knowledge of facts relating to this case are: Present or former employees of Union Carbide Corporation, including R.N. Wheeler, A.O. Bowles, E.F. Clower, William Mazzolini, Frank Johnson, W.W. Henderson, J.L. Hockersmith, Ed Bell, R.J. Hanna, Jack F. Erdmann, D.L. Engle, Tom Dawson, J.J. Brushinski, C.E. Fry, R.C. Wise, Bob Frantz, and M.E. Eisenhour. Former employees of Amboy Terminaling Company, including Neuberne Brown, E. Ball, Emil Borch, R. Humbertson, and David Romaine. Record custodian and personnel of Gollob Analytical Service Corp., Berkeley Heights, N.J.; record custodian and personnel of Perth Amboy General Hospital, Perth Amboy, New Jersey and The Mount Sinai Hospital, New York, New York. You may accept these certified. Accordingly, unless contrary, I will assume that you lieu of a formal response. answers as though fully I hear from you to the will accept this letter in Very truly yours, RLH/da Enclosures ROBERT L. HOLLINGSHEAD UCC 088471 UNION CARBIDE CHEMICALS AND PLASTICS COMPANY INC. Law D partment 39 Old Ridgebury Road Danbury* CT 06817-0001 November 3, 1989 Robert L. Hollingshead, Esq. Pitney, Hardin, Kipp & Szuch 163 Madison Avenue CN 1945 Morristown, NJ 07960-1945 Re: John Peterson v. Union Carbide Corporation, et al. Dear Mr. Hollingshead: Thank you for your letter of October 30, 1989. Given the lack of supporting expert testimony, what is the posture of the plaintiff now? Additionally, what are we going to do with our own experts in that regard? Finally, when is the n w trial date? Very truly yours, John R. Downey JRD/es Letter dictate^ by Mr. Downey; signed and sent in his absence by secretary. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 088472 `Alfred A. Levinson `Richard J. Levinson 'Robert Jay Axelrod `David T. Wheaton `Ronald B. Grayxel 'William D Levinson PMaatrnicakgRingCPaaurlftineeldr LevinsonAxelrodWieaton &Grayzel vnnKM-^ u i \\\ \ i' K u f I S ^ 1 : > N \ I k'KP UK K I u N 1/ `'\JcC Elaine Brennan "J, Stewart Husid Robert E Bennett 'Richard Marcoius Cary G Flynn James J Dunn Kevin M. Sullivan Rae T Horowitz 'George H. Conover, Jr. Of Counsel October 31, 1989 Pitney, Hardin, Kipp ftSzuch, Esqs. Box 1945, Morristown, N.J. 07962 Attn. Robert Hollingshead: Dear Mr. Hollingshead: Re: Petersen v. Union Carbide Mr. Tuzzio of your office wanted more specific information on medical bills which I am attempting to obtain. I have written for them on several occasions but have had no response. I will try again to obtain this information. In the meantime, I wish to advise you that John Petersen lost approximately six weeks from work during and prior to his operation by Dr. Biller and lost approximately three months after the operation as well as two weeks for treatment. He was e rning $700 per week so that there was a loss of approximately five months or the sum of $14,000 representing his special damages in this connection. When the plant closed on October 1, 1986, he went to work for the Bermuda Lines for approximately six weeks earning approximately $500 per week. He did not get a job again until January 1987 losing ten weeks or the sum of $5000. He worked for the Perth Amboy High School in maintenance until May 1, 1987 earning $4800. This job terminated. He was unable to find any jobs because no employer wished to take him on in view of his difficulty with speech and also fear of any further illness which might affect their health plan and his ability to work. `OufW CnmUH TM Umy . '*Aie mtmtm <* hmoi.m -- Lincoln Plaza, 2 Lincoln Hi| --AimiMeiMYdiife Plaa Om Building. I _______ UCC 088474 [-2712 pitaj* Xtpiy To Editon He worked part time once more for the Bermuda Company earning about $8000 in a six month period. In March of 1988 he got the job with Summit Corporation starting at $8.25 per hour and in July of 1989 he was raised to $10 per hour. May I add in passing that he was earning much less than he was earning while employed by ATC. Mr. Petersen feels his ability to earn as much as he did in hia prior employment with ATC is due to the fact that he is presently incapacitated as a result of the condition brought on by his exposure to PVC and VC. Unless I hear from you to the contrary, I shall assume that you will accept this letter in lieu of more formal answers herein. AAL:ff UCC 088475