Document 3e6DE5Gy5NLQg1v6o09GzZVRE

S3? r -?* : o5u1i W JS crof (D CL tO ' OP^ o* 00 s o , :s 13 s 25 n2 5 HM i< rcoo CO y*~ c-ur z> (0 5 Hj 9** % Hj h- ooM 1MC--O >< O** 3CA t* 03a* a o' >* =r 3O* > fr a a > ft* 3 <0 3* a o w & a. <3 3o5.* . ^ ^ BOUND FILE LEE, PRISCILLA, (ESTATE OF JERRY LEE) VS UNIROYAL INC., ET AL Defendants' Brief in Opposition to Plaintiff's Motion for Rehearing, dated June 5, 1985. Order Granting Defendants' Motion for Summary Judgment, dated June 26, 1985. Notice of Appeal to the Court of Appeals from a Judgment or Order of a District Court, dated July 2, 1985* Appearance of counsel dated July 23, 1985, Brief for Plaintiff-Appellant, dated September 24, 1985. Brief For Defendant-Appellee The B.F. Goodrich Company and Proof of Service, dated October 23, 1985. Brief of Defendants-Appellees: Union Carbide Corp., Tenneco Resins, Inc. Uniroyal Chemical Corp., Allied Chemical Corp., Occidental Chemical Corp. 8c Firestone Tire and Rubber Co., undated. Brief of Defendants-Appellees, dated November 22, 1985. Release, dated June 23, 1986. Order, filed July 31, 1986. Order for Authority to Distribute Proceeds in a Wrongful Death Action, dated August 27, 1986. URL 11334 3526 BOUND FILE Lee, Priscilla, (Estate of Jerrv Lee) ve Uniroyal,Inc. et al 1. Summons and Complaint, dated April 23, 1984. 2. Defendants1 First Set of Interrogatories and Request for Production to Plaintiff, dated June 20, 1984 3. Answer to Complaint of the Goodyear Tire & Rubber Company, dated May 22, 1984 4. Answer of B.F. Goodrich, dated May 29, 1984 5. Answer to Complaint of Stauffer Chemical Company, served June 11, 1 1984 6. Occidental Chemical Corporation's Answer and Affirmative Defenses to Complaint, dated June 15, 1984 7. The Firestone Tire & Rubber Company's Answer and Affirmative Defenses to Complaint, dated June 15* 1984 8. Tenneco Resins, Inc's Answer and Affirmative Defenses to Complaint, dated June 15, 1984 9. Allied Corporation's Answer and Affirmative Defenses to Complaint, dated June 15, 1984 10. Uniroyal, Inc's Answer and Affirmative Defenses to Complaint, dated June 15, 1984 11. Union Carbide Corporation's Answer and Affirmative Defenses to Complaint, dated June 15, 1984 12. Notice of Hearing and Motion of Defendants to Compel Answers to Interrogatories and Production of Documents, dated Sept. 26, 198^ 13. Brief in Support of-Defendants1 Motion to Compel Answers to Interrogatories and Production of Documents, undated. 14. Proof of Service, dated Sept. 26, 1984. 15. Defendants' Motion to Dismiss Complaint, Brief in Support of Motion, Notice of Hearing and Proof of Service, filed January 7, 1985. 16. Interrogatories to All Defendants, undated. 17. Supplemental Brief in Support of Defendants' Motion to Dismiss Complaint, dated January 25* 1985 Notice of Taking Deposition of Priscilla Lee, Bertha Lee and Lorraine Lee, dated March 27, 1985. sex11itin STATE OF MICHIGAN IN THE PROBATE COURT FOR THE COUNTY OF MACOMB RE: ESTATE OF JERRY LEE, Deceased / File No.: 87,370 9EEVV-M0 ORDER FOR AUTHORITY TO DISTRIBUTE PROCEEDS IN A WRONGFUL DEATH ACTION At a session of said Court held in the City of Mt. Clemens, Coun , State of Michigan, on ____ _ PRESENT: Honorable This matter having come on to be heard upon the Petition of Pricilla Lee, Personal Representative of the Estate of Jerry Lee, Deceased, for authority to distribute proceeds in a wrongful death action, and persons who may be entitled to damages, under the wrong ful death action having been serviced with Notice of Hearing, and children of ths Deceased having appeared and the parties having amicably agreed on the distribution of the proceeds and the Court being fully advised in the premises; IT IS HEREBY ORDERED AND ADJUDGED that the net proceeds from the settlement, less attorney fees and expenses shall be distributed as follows: Priscilla Lee (Wife) Michael Lee (Son) Duwana Traylor (Daughter) .50% .0625 .0625 $ 3,574.99 $ 446.88 $ 446.88 Jerome Lee (Son) Gloria Jean Lee (Daughter) Carol Ann Lee (Daughter) Marvin Lee (Son) Steven Lee (Son) Brandon Lee (Son) .0625 .0625 ,0625 .0625 .0625 .0625 $ 446.88 $ 446.87 $ 446.87 $ 446.87 $ 446.87 $ 446.87 IT IS FURTHER ORDERED AND ADJUDGED that the law firm of BOGOS & BOGOS shall be paid an attorney fee of One-Third (1/3) of the $ 12,500.00 settlement less expenses in the amount of Three Thousand Five Hundred and Seventy Four Dollars and Ninety-Nine cents ($ 3,574.99) and reimbursement of expenses in the amount of $ 1,775.03 which includes a Guardian Ad Litem fee of Two Hundred ($ 200.00) Dollars. IT IS FURTHER ORDERED AND ADJUDGED that zero amount of compensation is awarded for conscious pain and suffering for the deceased. JAMES F. NGWiCKI PROBATE COURT JUDGE URU1337 No. 85-1574 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT fILEo PRISCILLA LEE, Personal Representative of the Estate of JERRY LEE, Deceased, s : ; Plaintiff-Appellant, : v. UNION CARBIDE CORPORATION, DIAMOND SHAMROCK CORPORATION, STAUFFER CHEMICAL COMPANY, TENNECO RESINS, INC., UNIROYAL, INC., ALLIED CHEMICAL CORPORATION, OCCIDENTAL CHEMICAL CORPORATION, FIRESTONE TIRE b RUBBER COMPANY, B.F. GOODRICH COMPANY, GOODYEAR TIRE b RUBBER COMPANY, s : s : : s 5 : s s Defendants-Appellees. : JV^1 flfcfc |n JOHN r. HEHMAN C/erk 4" :ORDER URL 11338 In accordance with Rule 18, Rules of the Sixth Circuit, and upon consideration jof the Stipulation of the parties to voluntarily dismiss the appeal pursuant to 42(b), Federal Rules of Appellate Procedure, IT IS ORDERED that the appeal be and it hereby is dismissed. ENTERED PURSUANT TO RULE 18(c) RULES OF THE SIXTH CIRCUIT John P. Hehman, Clerk La u (a off 'U'U^ Leonard Green, Chief Deputy Clerk RELEASE Priscilla Lee, Personal Representative of the Estate of Jerry Lee, for and in consideration of the sum of Ten Thousand Dollars ($10,000.00), consisting of One Thousand One Hundred Eleven and 11/100 Dollars ($1,111.11) apiece from Union Carbide Corporation, Diamond Shamrock Corporation, Stauffer Chemical Company, Tenneco Resins, Inc., Uniroyal, Inc., Allied Corporation, Occidental Chemical Corporation, The Firestone Tire & Rubber Company, and the B.F. Goodrich Company, receipt of which is acknowledged, does for herself, her children, heirs and assigns, release and forever discharge the above-named companies and all of their agents, representa tives, parents, subsidiaries, related companies, divisions, employees, predecessors, successors, insurers and assigns, and all other corporations, persons and other legal entities, of and from all claims, demands, or causes of action which she may have, claim or assert individually or jointly, on her own behalf or as representative of others who might be entitled to recover under the laws of Michigan or any other jurisdiction against the parties herein released, including but not limited to those based on negligence, breach of war ranty, strict liability, product liability or successor lia bility, which she may now have, have had, or may hereafter accrue, even if based on a change in the law or her under standing of the applicable law, arising in any way out of, any and all known and unknown, foreseen and unforeseen, present and future, injuries, conditions, diseases, losses and damages, and the consequences thereof, resulting, or to result from the exposure of Jerry Lee with chemical products, his death, or the subjects raised in Civil Action No. 84-2398, United States District Court for the Eastern District of Michigan. URL 11339 Priscilla Lee, Personal Representative of the Estate of Jerry Lee, understands and agrees that this settlement is a full accord and satisfaction and the compromise of disputed claims, and that this settlement is not to be construed as an admission of liability. She hereby authorizes her counsel of record to cause an order of dismissal with prejudice to be entered by the Court in the above litigation. Execution of this Release shall operate as a satis faction of and bar against any claims by other parties to the extent that such other parties are or may be entitled to recover, by way of contribution, indemnity or otherwise, from the parties herein released. Priscilla Lee further represents that no person or company holds any worker's compensation or other lien on the proceeds of this settlement. She agrees to indemnify, hold harmless and defend the parties herein released against any loss, damages, or expenses, including reasonable attorney fees, in connection with claims, demands or suits relating in any way to the exposure of Jerry Lee to chemical products or to his death or the claims released herein, including claims (a) for enforcement of liens against the proceeds of this settlement; (b) by any paefcy aceicing fee geeovdr, fay way of eonteiteutien;--indemnity eg otherwise/ from parties herein eeleaaed? or (c) by the children, heirs or assigns of Jerry Lee. Priscilla Lee further declares and represents that she fully understands the terms of this Release, that no promise, inducement or agreement not herein expressed has been made to her, that this Release contains the entire agree ment between the parties hereto, and that the terms have been explained to her by her counsel of record in the above litigation. Executed on this day of C/, 1986. o w u iu n WITNESSED BOGOS Jf BOGOS By;, Paul G.Bogos --- Estate of Jerry Lee