Document B8M8Z9jDZ5EaQMg73v9qqNGzo

Et h y l Ga s o l in e Co r p o r a t io n Ch r y s l e r Bu il d in g 135 Ea s t 42n d St r e e t NEW YORK October 24, 1952. INTER-OFFICE CORRESPONDENCE PERSONAL & CONFIDENTIAL Dr. R. A. Kehoe, Dear Dr. Kehoe: Referring further to the^mHV case> attached hereto is original letter from Mr. Akolt relating the Jack Durham1s and his interview with Mrs. together with a photostat copy of the copy of death certificate. I have discussed this very fully with Mr. 'Webb today ana we are of the opinion that there does not seem to be very much of a logical approach to Doctors Dorris and Gettlsr. Undoubtedly their work will be scientifically correct and if we should suggest that they advise us the results they would probably take the position that they were examining the organs in a strictly confidential sense and that they can only report to the doctor in Colorado Springs who sent them on and/or to Mrs. On the other hand, if we should ask them fo^pSrts of the organs for our own analyses they might resent the inference that we mistrusted their medical work. I believe that Jack Durham is fairly close to some of the University of Colorado people and we are writing him today in accord with attached copy of letter. We don't know what we can do in this situation except to await developments but would be pleased to receive your comments and recommendations. * ELMER L. BROCK JOHN P. AKOLT E.R. CAMPBELL MILTON SMITH.JR. KARL F. CRASS 0. R.TURNQUIST J. H.SHEPHERD ROBERT A.DICK LAW OFFICES OF Smit h , Br o c k , Ak o l t & Ca mp b e l l SUITE 1300 TELEPHONE BUILDING D ENVER COLORADO October El, 1932 Mr. J. R. Durham, Ethyl Gasoline Corporation, Continental Oil Building, Denver, Colorado. Death of Colorado Springs Colorado. Dear Sir: I will here report upon the result of the trip which you and I took yesterday to Colorado Springs at the request of Mr. A. E. Mittnaoht made to you over long distance telephone. V!8lS the owner of a filling station and bar becue stand known as "Fat Boy Barbacue" at the north end of Colorado Springs on the main paved highway to Denver. A gen eral description of this filling station and barbacue stand is as follows: Four 10-gallon Clear Vision Pumps in front separated from a little filling station building by a driveway, and two addi tional pumps, one on each side of the filling station build ing; another driveway separating the filling station building from the barbacue building to the rear. This barbacue build ing is quite a sizable building with a lunch counter, a number of tables, and space for dancing, a kitchen, etc. Of the four pumps in front of the station two are used for "Phillips 66" gasoline, one for Phillips second grade gasoline, and one for Ethyl gasoline. One of the pumps at the side of the station is for "Phillips 66" and the other for Ethyl. The Ethyl pumps have attached thereto the customary danger warning sign. The two Ethyl pumps are connected to one underground storage tank of 560-gallon capacity. while the owner of the filling station and barbacue, did not work at the station, but^orked as the cook in the barbacue. His wife, Mrs. Rose also' worked in the barbacue. James Donahue and D. J. cant^were the two filling station attendants employed by Mr. Sullivan to run the station. They alternated on the day and night shifts. The barbacue catered to a late evening crowd and would remain open considerably after midnight, and the filling station would be kept open as long as the barbacue stand was open. K 0021928 N22823.01 Mr. J. R. Durham ** 2 You and I examined the surroundings and interviewed Mrs. ______ Mr. Donahue end Mr. Canty. I appeared just as a friena along with you. ^m^Ptold us the following story: That Mr. BHHBHt, she and their three girls (present ages 20, 17 and 13) moved to Colorado Springs from Cadiz, Ohio, four years ago, and opened up this station and barbacue; that Mr.4HBHpP was at least six feet in height and weighed 247 pounds (henoe the name "Fat Boy Barbecue" given to the stand); that he was just a few days short of being 53 years of age; that he was excep tionally strong and had not consulted a doctor for some fifteen or seventeen years; that the two attendants at the filling station were having a hard time checking out even on their gasoline; that there was a continual shortage and they beoarae suspicious that their gasoline pumps were not properly gauged and that they were making over-deliveries from these pumps which might account for the shortage; that they determined to check all these pumps and for that purpose borrowed from a deputy state oil inspector who lives at Manitou (a suburb of Colorado Springs) a 5-gallon measuring can used by the state in checking pumps, which measuring can was graduated for each gallon. Mrs.JHHflflp stated that went out to help the two atteWHffs make this check of the pumps on Thursday, September 29, and worked practically all day at the station on this check. He came in to the barbacue stand sometime shortly after six o'clock in the evening, made some remark about having a headache, but ate a big steak dinner. After dinner Mrswent over to Glockner Sanitarium {a large hospital in coToraao Springs) to visit her tubercular brother who is confined in the hospital. (She said something to the effect that this brother had had only a part of one kidney for the last few years.) She stated that she stayed at the hos pital about two hours and came back about ten o'clock. Mr. ____ had a room in the barbacue stand where he slept [gnt'S*--'Their home was some distano^away where Mrs.4flHHBb stayed with thegirls. When Mrs.<^HHp^,came back fro^th^^ hospital, in bed an^complained that he did not feel well. The next day, Friday, September 30, he was up and down off and on all day, and had a continual desire for lemonade, orange juice, etc. He had a bad headache, cramps in his stomach and was troubled with dysentery. Mrs. asked him once or twice whether he wanted a doctor and he said he did not. On the morning of October 1st Mr.seemed muoh worse and about eleven o'clock they took him to Glockner Sanitarium. He died at five o'clock that evening, October 1st, He didno^lose consciousness and while he1 was in the hospital Mrs. fMBB asked him whether he was;pain and he said he was not. Theramily dootor is a Dr. Conway of. Colorado Springs and he was called on the case. The house doctor at Glockner Sanitarium is Dr. Mullet (correct spelling uncertain). Mrs. states that when Mr. ^ kkWas brought to the ;ax, Dr. Mullet noticed thattn^^ops of his ears were darkened and he then stated he thought he was a victim of lead KH 0021929 Mr. J. R. Durham - 3 poisoning. We gather, however, that the fact that he had been working on the pumps had been told to the doctors. Either be fore or after the death, a Dr. Ryder of Colorado Springs was called in. We understand Dr. Ryder is a pathologist. The body was taken to the undertaking parlor of E. T. Beyle in Colorado Springs. There the body was opened and the organs removed. We gather from you that some time after that, Dr. Lester W. Sanders of the College of Medicine of the University of Cin cinnati interviewed Dr. Ryder and requested part of the organs and tissues to send to the Medical College at the University of Cincinnati for examination, but his reques^ga^refused. Mrs. flHHl states that Dr. Ryder claims Mr. d led from Xead poisoning. She also states that a par^o^the liver was sent to the University of Colorado for examination and that the report came back that they found enough lead in the liver to kill 15,000 men. (Youunderstand I am reporting what Mrs. _ said.'} Mrs. was frank in stating that she was just telling us her unaerstanoing as she got it from the doctors, and suggested that we see the doctors ourselves to get it accurate. She then stated that the remainder of Mr. organs had been kept for safekeeping at Glookner Sanitarium ana are still there; that Dr. Ryder had requested that they be sent for examination to Drs. Norris and Gatter of New York University, but that she did not want to do it without letting you know; hence her letter to you. She stated that not having heard from you, just before you telephoned her yesterday morning, she got in touch with an attorney in Colorado Springs named H. T. McGarry, who had been her husband's attorney, and through him she signed a release consenting to have the organs shipped to New York University. When you telephoned, she then called Mr. McGarry and told him to hold up the shipment until after you came down. She indicated that if you would tell her not to, she would not send on the organs. You told her, however, that you did not want to interfere with her plans, but that if she did send them, you would appreciate it if you would be advised as to the findings. She promised she would do this. You also asked her if, when the New York University finished with the organs, she would consent to having them examined again by someone else of your choosing, and she said she could see no objection to that. Mrs. ^pmUfestated that at the suggestion of someone she took from the Ethyl pumps four small samplesofthe:Ethyl gasoline which was in them at the time of Mr. death. She still has these samples, sealed, in her possessloruiou asked for one, but she stated she was told she should have one for the United States government, one for the state government, one for the local city or county officials, and one to keep for herself. It was your thought that possibly you could get hold of one of these samples through the state oil inspector. It was also your thought that possibly you could get the official report of Colorado University Medical Department on the liver examina tion through the state oil inspector. KX 0021930 Mr. J. R. Durham - 4 You and I concluded that for the time being at least it would not be advisable to go to see either the doctors or Mr. McGarry, the attorney. We then interviewed at length Mr. Donahue and Mr. Canty Mr. Donahue states that he started making the check of the pumps alone on the afternoon of Wednesday, September 28th, and worked on a "Phillips 66" pump for two or three hours. He finished this pump on the morning of Sept ember29tl^st art ing in about nine o'clock. About ten o'clock came out from the barbae ue stand to help him and workedrrcS^Rn until about six-fifteen in the evening. They worked on the second grade gasoline pump for several hours and finally got to the Ethyl pump out in front of the filling station about three in the afternoon, and then worked on it until about six-fifteen. The plan of testing when both were working on the pumps was this: Mr. Donahue took off the top of the Clear Vision bowl and had a ladder alongside the pump. The 5-gallon measuring can was sitting on the ground by the pump. Mr. had charge of the hose putting the gasoline into the can^^rnis can, as above stated, was graduated so that it could be told just when a gallon was in, two gallons, etc. would stand over the can and let gasoline into the can through the nozzle of the hose; Mr. Donahue would more or less lie down on the ground so that he could tell Mr. ^miB^when to shut off the nozzle when the gasoline in the can^a^at a one-gallon height, two-gallon height, etc. If, when they had one gallon in the can according to the gauge, the bowl showed more or less than one gallon taken out of it, then Mr. Donahue would get up on the ladder and put his hand down into the bowl through the open top and regulate the measuring contraptions in the bowl. Sometimes to do this a portion of his hand would be down in the gasoline in the bowl. The filling pipe for the underground Ethyl gasoline stor age tank is over by the second Ethyl gasoline pump which is at the side of the station. They had a funnel in this filling pipe and when the 5-gallon measuring can would be full, they would take it over end pour it back into the underground tank. Mr. Donahue stated that he himself probably emptied a couple of . five-gallon cans of the Ethyl back into the storage tank and Mr. several of these cans, but probably not more than 25 gallons in all. He stated that both in filling the 5-gallon oan for the testing purpose and emptying th^can^back into the storage tank it was necessary for Mr. face to be directly over the top of the oan. ThisTu^ru^iot only for the Ethyl but also for the other gasoline which was tested. The Ethyl pump which, was tested that day was the last of the four in front of the station. The quantity of gasoline which had been taken from the straight gasoline pumps in their test ing and put back in the underground storage tank is not clear, but as near as we oan find out it was at least the same quantity per pump as was taken from the Ethyl pump. Mr. Donahue stated he probably had a headache himself K 0021931 Mr. J. R. Durham - 5 the night of September 30th but paid no particular attention to it because he had had similar headaches before. When Mr ^m^was taken to the hospital and the doctors found out the 'Rind of work he had been doing, these doctors interrogated both Mr. Donahue and Mr. Canty as to how they felt and told them that if they started feeling bad, to let them know. Mr. Donahue states that along about Monday or Tuesday following he started feeling bad and was bothered with frequency of urination and went over to Dr. Mullet at Glockner Sanitarium who gave him a calcium injection. Mr. funeral was held on Wednesday, October 5th. Two or three days after that Mr. Donahue completed the tests of the two remaining pumps on the sides of the station, one of which was an Ethyl pump. He worked alone on this completion. Mr. Canty stated that he was on night duty at this time but knowing the testing was going on he came around the day of Sep tember 30th to help out. He got there shortly after started to help. Mr. Canty would wait on the trade anc^Se^ tween times help on the testing. His story as to the method of testing is the same as Mr. Donahue's. Although Mr. Donahue stated there were not over 35 gallons of Ethyl taken out of the pump and put back into the storage tank, Mr. Canty, when we interviewed him before Mr. Donahue came, gave the figures as 50 or 75 gallons, but frankly stated he could not be sure of the amount. He stated that he himself poured one or two cans of the Ethyl back into the storage tank. He stated that when they first started the tests that morning, 5 gallons were drawn from each of the pumps in front of the station just to make a general test of the 5-gallon measurement, and that these were then immediately poured back into the underground storage tanks and that the intake pipes to the different storage tanks were open with funnels in them, including the Ethyl tank. He stated that along about eleven-thirty in the morning one of Mr. Sulli van's girls in the barbacue stand came to the door and called him to the telephone, and that this girl remarked at the time (looking out the door of the barbacue stand) that there were a lot of fumes coming from that open intake of the Ethyl under ground storage tank. The sun was shining in such a way that the fumes showed up. Mr. Cant^stn^^Jjhat he started feeling bad on the next day after Mr.death and was bothered with frequency of urination and that Sunday evening he went over to the hos pital and got a shot of calcium from Dr. Mullet. You and I went to the office of the Health Board in the city hall in Colorado Springs and got a copy of the death cer tificate. You will please send ih to the"Home Office the copy which you have. It will be noted that this death certificate states that the cause of death was ''Acute Lead Poisoning of improved source (Analysis chemical - of organs not permitted)". This death certificate was filed October 4th. The funeral, we J<E 0021932 Mr. J. R. Durham - 6 understand, was held on October 5th. Apparently the analysis of the organs which this death certificate states was not per mitted must have been made after that time. It will also be noted that this death certificate states that the injury re sulted from inhalation of Ethyl gas fumes and lead poisoning. This death certificate will eventually be filed in the office of the Bureau of Vital Statistics in our state capitol. We have a statute in Colorado which provides that a certified copy of a death certificate is admissible in evidence in any court and is prima facie evidence of the truth of its oontents, so a certified copy of th^^death certificate will be prima facie evidence that Mr. ^HHH^died as the result of lead poisoning coming from the inhalation of Ethyl gasoline fumes. You will recall that Mrs. sane remark to you indicating that she knew Dr^sanaers had been down to Colo rado Springs, and referred to him as "your doctor." You and I concluded that it was best^nottoindicate any thing except a friendly Interest in Mr .^BHHMHfc&eath and w^^that in mind we did not go to see the doctors nor Mrs. attorney, nor insist that the organs be sent to Dr. Robert A. Kehoe of the College of Medicine of the University of Cincinnati. It is entirely possible that a suit against the Ethyl Gasoline Corporation or against someone which it will have to defend may arise out of this death. The Ethyl Gasoline Corporation would no doubt be interested in such a suit but it occurred to us that it might even be more interested in the general consideration of the question as to whether a death could result from Ethyl gasoline under such circumstances as disclosed. The maximum death liability in Colorado is $5,000. It was our thought that in all probability the examining doctors at New York University are responsible and will not make a report contrary to the facts. It was also our thought that the Home Office of the Ethyl Gasoline Corporation might be able to get this report direct or even might be able to arrange for Dr. Kehoe to participate in the analysis. While we have not given the matter any mature considera tion, our offhand thought Is that there is no legal liability for this death upon the part of the Ethyl Gasoline Corporation or the Phil^ji^Petroleum Company which company sold the gaso line to even though the death did result from lead poisoning from the Ethyl gasoline. This is a matter, however, which the Ethyl Gasoline Corporation will probably want to consider further. Mr. but #300 of insuranc^^ He did not be lieve in insurance, according to Mrs.^miYour under standing from another source is that h^ade^l, 000 policy on which he had borrowed #700. Mrs. VHIHR states that she intends to carry on the business at tn^rniYng station and barbecue stanc^as she does not know what else to do. She said Mr. owned the property, died without a will, and that some snorTTime ago they incurred an indebtedness of around #4,000 for new equipment which has not yet been paid off. KE 0021933 Mr. J. R. Durham - 7 We have attempted in this letter to give a general picture of the situation as we found it on our trip yesterday which will enable the Home Office to determine its future course of action. Pending further directions from the Home Office we do not believe it wise for you or us to interview any further people. We are sending an extra copy of this letter for trans mittal to the Home Office. You will of course send in your summary of the investigation and let us have a copy of it. Due to the fact that we only wanted to appear in a friendly position, it was impossible to make notes during our various interviews and while I have dictated this letter the first thing this morning while the matter is fresh in my mind, it is possible that some of the figures given may not be exactly as stated to us, but I believe they are pretty accurate. Awaiting your further directions, we are Very truly yours, SMITH, BROCK, AKOLT & CAMPBELL, JPA:H 0021934 1 PLACE OF DEATH STATE OF COLORADO STANDARD CERTIFICATE OF DEATH BUREAU OF VITAL STATISTICS County--3__|LSQ- File No- Town__________________ -Registration District No- 69 --_____;__ Registered No- city Solo Springs ,, 2 FULL NAMS No_G;lQ.c3asrL_Kaa.pitaX._______ ___ _____ st,.___ ________...ward (If death occurred in ar hoeplte) or institution, rive its name insteiul of street and number) (a).'Residence;' No_3.QQ.l--R,,-RS.Y.&dS-. (Usual place of abode) -St, -Ward. (If nonresident give city or town and State) (b) Lenrth af residence to city or town where death occurred yra. da. How lens fa U. S- if of foreign birth? yrs. mea. ds. PERSONAL AND STATISTICAL PARTICULARS J. 8EZ | 4. COLOR OR RACE Male "T IMte I Sa. If married, widowed or divorced . HUSBAND af (or) WIFE af MTS a S. Sinrie. Married, Widowed, or Divorced (write the word) Married C. DATE OF BIRTH (month, day, and year)' MEDICAL CERTIFICATE OF DEATH 31. DATE OF DEATH (month, day and year) Oct. 1, 1932. I HEREBY CERTIFY, That I attended __-Q.ci._l____ that I last saw h___iSLaliva on.. -.Q.Sji l. dartassd from 1.-32 1..52 7. AGE Yean Months Days that death occurred, on .the data stated above,-at- 52 11 18 The principal cause of death and related i ware as follows: set importance Data of onset 8- Trade,'profession,'or particular - ^gaafe-idftBa^l -jmRgoyed aour.ce Sej (Analysls iZfc*=I92932a -Industry or business to which rror-- Ffi.t BOV . wo* was done, ae sOk sailL-O* " p.hftTni fa1 f-Fri,MRWSMMinliAAMSMhaHmmmwWlNnSm, ; aaw aaffl, bank, etc--__ CarDB&Ug--______, lt. Date deceased last worked at . III. Total time (years) this occupation (month and. . I spent in this- ~ - - ..'war)................................--r______________l ' occupation ____^____ Other contributory caaaes of Importances L BIRTHPLACE (dty or town)- Cork (Stata or country) Ireland | q I OCCUPATION PARENTS TL N^ or^THmiFhlllBg 14,v BIRTHFLACS OF FATHER (State, city or town)-. Ireland Name-of operation. JDste of. sstemyt^fi?diagnosis iPQ2L What test confirmed -Was these an" IS. MAIDEN NAME : OF MOTHER Marie -- lit tt death was duo to external ceasse (vietonce) fill la also tho fallowings Accldeot,ulcido, or homieidAC dll flUfas of injury9/2.9,1.JS2 It. BIRTHPLACE or MOTHERS Ireland(State, city or town)___gASJA'A--____________ Mrs*17. Informant Rose' (Address) J8--BURIAL, CREMATION, OR REMOVAL Dated. i_ 1*. UNBEEYA _______. (Address) S9w-. FILEDa Cascade _ 1.-32 R ..ClLllett-_ Registrar. Where did Injury "*wi- CQlQyftdO' Rppl T) gfl . 0(?lo j (Specify city or town, county, end state) Specify whether injury occurred, in industry.to hams, or to pnbUs place. In Industry a Gasoline fumea Mannar 'of snfaw Inhalation Ethyl fla a gwnaaj Nature of injury,___...Leari TlOlRQ^'*^ 74. Was dtaceie er tulary In any wmy raiated ta sccwpaUan ad diriasilT__ : ; U so, specify. (SW)Jfgg-^^gOp!^g^............ MJD. (Address) -2Q_gJt .^fCfiJj3Xl...St a. Ktf 0021935 N22823.02