Document 7VyVKXDaKb1n3bK0dzEz8p6a

law OFFICES OGLETREE, DEAKINS, NASH, SMOAK AND STEWART A 4ftTNCM|MlP IKCLUDIMO ."O't , t O NAi- A, VOCATION, AND PPO'CSf'ONAL CONDONATION, " ONE THOUSAND EAST NORTH POST OFFICE SOX 2737 ORCCNVILLC. SOUTH CAROLINA 1*801 (003) 2A2-IAIO Lit Cox November 10,1988 Richard J. Lorenz, Esquire (Tenneco Oil) Beverly V. Gholson, Esquire (Georgia Gulf) James V. O'Gara, Esquire (Union Carbide) Marina K. Pita, Esquire (Conoco) John Endicott, Esquire (Maxus Energy) Woodrow W. Ban, Esquire (B.F. Goodrich) Robert D. Luss, Esquire (Occidental) Other QrriCCS ATLANTA, OCOROlA w* hinOTOn. D. C. RALEIGH, NORTH CAROLINA Columbia, south Carolina nashvillc, Tennessee Albany, Georgia SRARTANBURO. south CAROLINA SCHENECTADY, NEW YORK Re: Cox v. Georgia Gulf, et al GA. Nos. 8:88-1399-3 and 8:88-1400-3 Ladies and Gentlemen: Enclosed is correspondence from plaintiff's attorney, Bob Ariail, in which he renews his settlement demand of $450,000. Mr. Ariail has indicated that the demand will increase , if our motion for summary judgment is denied. . { '(T-, Also enclosed is a notice from the federal district court scheduling a bar-meeting in the Cox cases for Monday, November 28,1988. At that time, the Cox cases will be set for trial probably sometime during the first two weeks of December. Our motion for summary judgment will be filed on or before November 15. We expect that the plaintiff will file a responsive brief in opposition to our motion and will attempt to raise "genuine issues of material fact" as to whether Stauffer, the decedent's employer, was a sophisticated user of PVC resin. We understand Mr. Ariail is attempting to elicit an affidSvu sfafefitelir'from the Stauffer Anderson plant manager that he was unaware that there was a cancer danger to Cox because of the extremely low or nonexistent levels of vinyl chloride exposure. Anail will probably argue that Stauffer was never aware or warned of any danger to Cox and therefore the PvC resin was unreasonably dangerous and the suppliers are strictly liable for Cox's death. We have addressed this anticipated argument in our brief. We are also in the process of drafting responses to the plaintiffs document requests for those of you who have provided us with the requested documents. tIVt NOV 14 1988 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 079437 Cox Defense Group i November 10,1988 Page 2_____________ We will keep you closely advised. Please contact me if you have any questions or concerns. f1 Very truly yours, OGLETREE, DEMONS, NASH, SMOAK AND STEWART MLH:agd Enclosures /jilt Mary Lou Hill PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 079438