Document DG1Ey6Bb76JneVvx5kd5E9xQn

\ 1701 PENNSYLVANIA AVC..N.W. WASHINGTON, O- C. 20000 JzjUt, BAKER & BOTTS ONE SHELL PLAZA HOUSTON, TEXAS 77002 TELEPHONE (713) 229- 1234 TELECOPIES (713) 229*1730 TELEX 76*2779 D-25,854 Dorothy Bell v. Union Carbide Corporation ca/J? L RECEIVED j AUG fi 19S4 P.F,DAVW IAIO UNITES BANK TOWER 400 WEST FIFTEENTH STREET AUSTIN,TEXAS 70701 July 31, 1984 Mr. Peter F. Davey Union Carbide Corporation Old Ridgebury Road Danbury, CT 06817 Dear Peters We have received answers by the plaintiff's widow to the written interrogatories previously served upon her in this case. This is one of the two outstanding alleged vinyl chloride caused brain tumor cases among former Union Carbide Texas City Plant workers. Mrs. Bell and her husband were both high school graduates from the Galveston/LaMarque area. They had been married for approximately thirty years at the time of his death in 1984. Mrs. Bell is fifty-four years of age and has not remarried. She resides at 236 South Algeria Street in Texas City. Mr. and Mrs. Bell had four children; all daughters. Three are legal adults and two of those are married. Only the youngest child, LaTrava Dionne Bell, age sixteen, is dependent upon her parents. One of the other children, however, Carol Lynette Bell, unmarried and age twenty-eight, also claims to be a plaintiff in this case and seeks damages. The damages sought are $800,000 for the death of Mr.-Bell. Mr. Bell was employed by Union Carbide for twentysix years and was earning $2,978 per month at the time of his death. The answers indicate he was employed first as a laborman, then in the tool room; next as a maintenance division foreman and finally a shift superintendent. Mr. Bell1s only other employment had been for two individuals, Hudler Moore and T. A. Newman, for some four years before going to work for Union Carbide as a laborman. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 059751 t 4S* \KER & BOTTS -2- Mr. Bell lists as his foremen at Union Carbide Jim Floyd, Jim DeMint, and Tim L. C. Disinier. He also lists as co-workers: Marcellus Pollard, Fred Thordard, Elma Bell, Mr. Hudler, Mr. T. A. Newman, Mr. Jim Floyd, Jim DeMint and Tim L. C. Disinier. PLEASE ASCERTAIN WHETHER ANY OF THESE MEN STILL WORK FOR UNION CARBIDE AND WHICH COULD BE COUNTED ON TO PRESENT ACCURATE, RELIABLE TESTIMONY IN THIS CASE. We may wish to interview these individuals. Mr. Bell was treated by Drs. Weldon Kolb, Dr. Howard C. Moench, Dr. Charles Borne, and Dr. David Gill. We have previously taken the deposition of Dr. Borne in the Leuvel Malone case. Dr. Borne's testimony was favorable to Union Carbide. By copy of this letter, I am asking Dr. Glenn if he is familiar with any of the other three physi cians and, if so, what is their specialty and their reputa tion in the medical community. Mr. Bell was apparently hospitalized at Jenny Sealy Hospital in Galveston and County Memorial Hospital of Galveston in Texas City. The dates of hospitalization begin in 1981 in January and extend through January, 1984. They include January 5-27, 1981; September 30-October 20, 1981; August 22-27, 1982? September 11-18, 1982? August, 1983 through January 6, 1984. The hospital bills are approxi mately $32,000. We are in the process of obtaining the medical records of the four physicians and two hospitals. We will summarize those for you as soon as we have obtained them. Mr. Bell died at the age of fifty-three. He earned $31,615 in 1980 and $34,564 in 1981. He was unable to work after 1981. Assuming lost wages, therefore, of twelve years at $35,000 per year would be a lost wage claim of $420,000. Mrs. Bell states in the written interrogatory answers that-Mr. Bell was required to clean tanks, chip chemicals off motors, and clean pipes, all of which con tained a form of vinyl chloride. She admits that none of his treating physicians have expressed any opinion that his cause of death was contributed to by the workplace environ ment and also that no physician has advised her that any specific chemical or vapor therefrom has caused or con tributed to cause his death. She also states that there has been no determination as of yet of the witnesses or experts that will be used in the case in behalf of the plaintiffs. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 059752 AKER & BOTTS -3- Mr. Bell never filed any workman's compensation claim as a result of his alleged exposure to vinyl chloride. Mrs. Bell is presently unemployed but does not have any present health disorder. Sincerely yours, BAKER & BOTTS FWC.-118 cc: Dr. David H. Glenn Ms. Noreen L. Pritchett (Claim No. 710 CM 310207 F. XOD) Walter Conrad^ PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 059753