Document 91gzrqrnXpKr4LOpYNEgmLEqV

February 4 1938* Sr. J* C. Taylor, Attn. Mr. Lewis Dear Oscar, Today w e received in the mail the eaclosed copies of correspondence covering an alleged case of lead poisoning at War rior, Alabama*- There are four letters ia this file of correspond ence- on from Mr M. C. Hines of the Birmingham District Office of the Standard Oil Company to Mr* W* 3* Smith, ^resident of that company, which is a report covering all information on this case up to date* There are also two letters from Doctors giving their statements on the diagnosis of the sickness after they had exam ined the man who claims to have been poisoned. The other is a let ter to the Standard Oil Coripany from a lawyer presenting the case for settlement. I am sending you this correspondence in the absence of Mr. Costello from the office, so that .you will have the com plete details in hand should the matter be brought to your atten tion from some other source. We are ranking no commitments nor are we attempting to enter into this matter ia any way other than to keep posted on any developments that may take place, in which case you will be advised immediately* We are sending a copy of this correspondence to Dr. Kehoe. If there is any action that either you or he would like for us to take, please let us know and w e will act immediately. Very truly yours, J. A* Costello, g ?r/ f l enclosures CC-Dr.Kehoe with enclosures , Birmingham, Ala 2/2/38 MCH C&E MCH Mr. . E. Smith, EouisTilie, Xy, ClaimWarrior, Alabama* The above named party has called at our office and stated to the writer that he was suffering from, partial paralysis fid his left arm which had been caused, as he had been informed by his doctors, from lead poisoning because he had drunk water from a well on his property which had been polluted with crown Gasoline, which as you know contains Tetraethyl Bead Fluid. This call was made shortly before Christmas and I immediately went to Yiarricr, Alabama, and with our agent . C. Barnett made an investigation. I find that on September 29, 1936, we purchased from the Pan-American Petroleum Corporation two wet hose gasoline pumps and two 10 bbl. underground tanks and leased same to L. '7. Burns at a highway stand on U.3. 31, two miles north of Warrior* Our Harrier agent advises that on the first part of May 1937 Mr* B u m s called his attention to the fact that the well which is located . . behind th > house and about 85 feet from the underground tanks contained gasoline. Our agent called for a mechanic and Birmingham pump mechanic, W. I. Richey, want to Warrior on May 4, 1937, and found a leak in the top of the tank where the return line enters the tank. Mr. Riehloy states there was no gasoline in the hole, but the tank was damp and the ground was damp at the point where the overflow line entered the tank, and the tank was leaking. This tank was removed and a new tank installed by mechanic Sichley. Someone had advised Mr* Burns to put lime in the hole which would neutralise the ground and clear up the wall. - ir* Fdchlay states that a hundred pound sack of lime was put in the hole by the parties mentioned above end that he proceeded to install the new tank and cover same u p . I am informed by our Warrior, Alabama agent that this well was cleaned out and cleared up to such extent that the water could be again used# M r * 5 f l H H N H H H B f c c w n s the property on which, this equipment was installed and, of course, owns the building occupied by L. . Burns as a filling station and road side garage. Mr* Florence claims that the first part of July 1937 lie was stricken ill with hemorrhages which confined him to his bed for several weeks and that he lost the use of both his arms and suffered severe pain in the arms and shoulders . Dr. W. B. Martin at Warrior, Alabama was called in and I attach hereto copy of statement from Dr Martin dated December 22nd. X consulted Dr Martin about this time in connection with this case and he positively states to me that in his opinion this mans condition is causedfrom lead poisoning which he attributes to the fact that M r the contaminated water from this well. told him that he has drunk has stated that he drunk 1 this water when nobody else would * There are several members of his family, but on his own statement he is the only one that drank-the water. Dr. Martin stated to me that he had sent this patient to Bi g i n g h a m for further check up and diagnosis of his case I Attach hereto copy of statement from Dr. E. Dice Llneherry of the Norwood Clinic# Dr* -Liaeberry was substantiated in this statement by Dr, Ward, also a member of this clinioj. which for your information is very ; 3# Mr* . E. Smith Louisville, Ey. -2- reputable. Dr. Liaebsrry has further stated to the writer that he is basing his conclusions on statements made by M r . that he drunk this contaminated water, and from the examination and tests that were made in their laboratories. Dr. Lineberry has stated to the writer that no trace of lead was found in the blood tract, but bases his statement of lead poisoning on the fact that this mad has the wrist drop and partial paralysis, which he states could he caused from lead poisoning. Attach hereto copy of.letter from attorney George Rogers dated January 28th. I called cn attorney Rogers Monday and stated to him that w a had not completed our investigatio. He asked me to complete this as quickly as possible because if we could not come to an agreement on settlement he would like to file suit immediate iy so this could be tried at May term of court. I questioned him as to what ha thought his case was worth, but he would not give me a figure only stating that his client had spent $300,00 on doctor's bills. Attorney Rogers has agreed to permit us to have Mr * 4 H H | H f e @ x s m i n s d by our doctors and I would suggest that we do this at once because i cannot believe in the first place that this m a n has lead poisoning because I do not believe he could ` consistently drink water contaminated with gasoline ana. since this was Crown G a s o l n e and not Crown Ethyl Gasoline the Tetraethyl Lad contained was small and the tanks being located approximately 85 feet from the well in a shale soil, that beyond a doubt a good portion of the lead contained in the gasoline wotild he filtered from the gasoline by the time it reached the well. Also the fact that this well cleared up and only occasionally was the water such that it could not be drunk. I further developed that -r Florence came to this location five or six years ago, that he.and hio partners were reputed to be bootleggers and consist ently cold liquor and operated a place of this type * Our records show that we sold this outlet in: January 1S37 February March April May June July August 415 gallons 750 M 1156 tf 2735 853 u 568 tf 498 ft 453 I f The last delivery we made to this outle. was on August 21, 1937. Liquor was legalized, in Alabama in ^ay 1937. This -place islocated in Blount County just across the Jefferson County Line Blount County is dry, Jefferson County is wet? I am informed that the sheriff of TSlount County, which is dry, took out after the bootleggers when liquor wa3 legalized in Jefferson County. You will note how this business dropped of after April and I am informed that L. 17. Burns , the operator, left that section when enforcement started could not leave because he owned the location. I am checking f u r t h e ^ a ^ u ^ f a c t s concerning the bootleg activities and such cases as has been brought against these parties for p r ohibition law violations. It is m y opinion that attorney Rogers would advise W l V t o accept a $500.00 settle Dent because attorney George Rogers has bean for a long time 'agent Barnett's attorney. Agent Barnett is the Ford Distri butor at Warrior and vicinity as well as our agent, Attorney Rogers, I under stand, has also represented in his skirmishes with the law. Do not believe attorney Rogers would jeopardize hiw connection with agent Barnett b e ^ ^ oasee of this case, cn the other hand he having previously represented Mr. v/. S. Smith, Epuis ville, Ky* -8- ho would naturally want to make a settlement for his client. It is 21y opinion that this is not a case to settle* On the other hand it will be a costly case to defend because of the medical testimony that will ha necessary to prove that this man's paralysis was caused by something other than drinking this contaminated water for a short period of time. Expert chemical testimony will be necessary to pr-ove upt what content of lead the water would contain under similiar circumstances and whether it would poison a man's system to the extent that it would,cause this man's paralysis. I have learned further that f i r * h a s been a heavy drinker. Certainly his stomach hemorrhage condition could have been caused from this. -- i aa attaching hereto extra coov of Doctor's statements and this letter gj; should you need it for the Ethyl Gasoline Corporation, should it be your desire ,;g to .have their doctors examine!' Mr. if yon eloct to dc this. Advise, as we would like to make the necessary arrangements in advancd with attorney ^ g e r s for the| necessary examination g 1 CCj r Chas . C-. .Jidclleton, ;Douisville, Ivy. copy COPY Dr. TIT. B. Martin Warrior, Ala. December 22 1937 Mr* i. C. Hines, . Standard Gil Company Birmingham, Alabama. Dear Sir:: ' On or about the first of ^ulv 1937 was called to see w ^i0 was suffering from a profuse gastric hemorrhage and p s S ^ ^ ^ h o u l d e r s and both arms. At that time I thought ha had a gastric ulwer and treated him for this, bub his arms continued to become worse and in the course of a few weeks developed a partial paralysis in both arras with severe pain. About this time w e obtained a history of his having gasoline in his drinking water .and Dr. Lihebarry of Norwood Clinic and myself agreed on a diagnosis of lead poisoning. . Since the onset, his right arm has recovered but he still has the typical wrist drop paralysis of lead poisoning in left forearm, however, the severe paid first associated with this has disappeared, but there has been littleif any Improvement of paralysis in left arm in the past two or three months. .. ' Sincerely yours, WB.Martin, M.D. | ,| r . | I I j J i ! ,t.  2 3 :O~"OOD CLIiIC Birmingham Ala. Jaa. 1, 1933 r* 2. C. alnas Standard oil Jo.-pany Birmingham Alabama. Dear Sirs was referred to me by Dr. Vf. B. Martin, Barrier, Alabama, September 6th, 1937. At this time he was concerned about two conditions: first, for three or four years there had occasionally bben a burning in the uyyer abdomen relieved by taking soda. About August 1, 1937 he had vomited a largo amount of blood and had passed blood by bowel. Dr. Martin had treated him for ulcer of the stomach and the stomach condition had greatly improved Second, about two days prior to the vomiting of the blood, he had begun to complaint of pains it bouh arms and for two weeks prior to consulting me, the pain in the loft arm had been so bad as to require large dose3 cf morphine. On ex8.mi.nation he was found to have a weal-mess of the left wrist, in medical terms known as wrist drop, with some loss of sensation of both arms, but more in the loft- A complete examination of the blood ana urine, gastric analysis and x-ray examination of the stomach was made by us September 7, 1937.- A probable diagnosis of ehronis lead poisoning x^as made. Ee returned to see us again Mcvembor 29, 1937, at which tine h e wab having no pain in the arms and the strength was returning to the rgpit arm, bttt he wtill had a complete wrist drop of the left. At this time w e obtained a history of him having been drinking well water contaminated with ethyl gasoline for about one month prior to the hemorrhage from the sto?nach. The drinking of this contaminated water was discontinued after he had the hemorrhage from his sto>aaoh. Dr. S. fiar saw this patient with me ia a y office and agreed with my diagnosis of chronic lead poisoning. Very truly yours, SDL/m Dr. E. Dice Lineberry, M,D -i ? 1' O X0 0 1 1 1 Ai><J N8209.03 copi: GrisOKCE ROOSRS lafyee First national Bank Bldg Birmingham Alabama January 28, 1938 Standard O il Coapany 8 0 1 - 6 t h *-Ton..is So u t h Bir m ingham Ala b a m a . Gentlemon; I have been retained iy --r* who lives a short distance above Farrier, to represent him 'n a claim fer damages against you as a result of h 's "well being polluted by gasol'no and his suffering lead poisoning as the result of drinking the -grater therefrom. : If you care to settle this matter without litigation please communicate with as at once. Very truly yours. firA George Rogers* 0011126 :'y?J