Document JrpO2nmVdgz1N2wXOoGQ8pj3Z

INTER- OFFICE RRESPONDENCE Et hyl Gasol ine Corporat ion ATLANTA OFFICE RHODES-HAVERTY BUILDING At l ant a, Georgia April 4, 1940. DR. HOBT. A. KSHOE, Dear Dr. Kehoe, FolloTdng receipt of your report on the case of D. C. Hubbard, Deceased, employed by the Orange State Oil Company, I arranged for a meeting of the management personnel of the Orange State Oil Company as well as a representative of the Maryland Casualty Com pany, in the Orange State Oil Company's offices on Tuesday, April 2nd. This meeting was attended by the following: - John E. Penn, President of the Orange State Oil Co. - R. F. Van Brunt, Secretary " " - Major Carter, Mechanical Department " - E. F. Carter, u " 11 - J. D. Kille, Attorney and Adjuster for the Maryland Casualty Co. - V. H. Phipps, - J. A. Costello. At this meeting, I read your report to those in attendaTi.ee and furnished the original copy to Mr. Fenn and one carbon to Mr. Kille. After completing the reading of the report, we discussed at length the various possibilities in the case and I presented your views of what disposition should be made of it. Peculiarly, while Mr. Fenn had been informed of what had happened,he had not up to that time realized what possibilities might develop from it, if a set tlement were not made immediately. He was particularly concerned about the liability of his own corporation and also the possibilities of adverse publicity, after I had pointed these things out to him. As a result, he instructed the insurance company representative that it was his opinion this was a matter for them to settle imme diately under the terms of the existing State Compensation Laws, and that this not only applied but to as well; and that he felt the insurance company shou^HPusodetermine the whereabouts of the other man, whom Don Phipps was unable to locate. Ee also stated unE^^eexpected to be in Jack sonville on Wednesday.of this week and at that time, would get in touch with Dr. Bedell and inform him that he could be assured that the insurance company would make every effort to settle the case in a equitable way with as little delay as possible. Mr- Kille stated that he was net in a position to make any com mittments as: to what his con.pany would do inasmuch as it was a matter D r . Keh oe A p r i l 4 1940- p age 2 for Ms home office people to decide. However, he felt that from his own viewpoint, it should be settled in accordance with Mr. Fenn*s instructions and he would so recommend. He also said that your . report would be incorporated in his report to Ms home office. He further advised that as soon as a decision had been reached, he would notify the Orange State Oil Company and the in turn would notify us. After we had completed that part of our. discussion vrhich concerned the insurance company, Mr PMpps and I held a separate discussion with Mr Fenn and Mr* Van Brunt in connection with the confidential report which you Eiade on the past performance of the Orange State Oil Company's tank cleaning department. Mr Fenn made no attempt to defend his organization but readily admitted that they had been guilty of negligence and felt it was in part due to the fact that they had probably handled the product so long, their familiarity with it developed negligence which might possibly be excusable. However, he assured me that nothing would be left undone to develop every possible cooperation between his company'- and ours in the future in order to prevent a reoccurrence. Actually'-, he had previously made this state ment during the time Major Carter and Mr. C-lover sat in the previous discussion, and I aminclined to feel that we can expect Ms views will be very scrupulously/ carried out in the future. Y/hen we were ready to leave the office, Mr* Glover stopped us on the way/ out and asked us to give him a list of equipment which we felt would be nec essary for their purposes in future tank cleaMng, this equipment to include airline masks and other necessary material. I am arranging for Mr. MeCooley to take care of this in order that the equipment will be purchased wMle they are still in the mood to spend the money. I feel that the whole tenor of the meeting was indicative of the fact that the Orange State Oil Company was entirely sympathetic with your views as to hot tMs case shall be handled and they are also quite honest in their determination to prevent a reoccurrence of what has happened. . If there is anything else wMch you feel we ought to do at the moment, we, of course, will be glad to take care of it. If not, we will hold the matter in abeyance for a reasonable length of time, waiting on the action of the Maryland Casualty Company. Very truly yours jac/ f .l CC-Mr. Levas HcCooley ,/J. A. Costello. 002108