Document KRkvabDRdaXNJmo18d06p8mjX

4/10/90 c: E. 0. DeLoughy - B4-155 DB R. A. Deckert Kemper (Long Grove) Louise Tauber Kemper (Houston) N. R. Pittillo - Texas City f: G. J. Triplett BAKER & BOTTS OTHER OFFICES: WASHINGTON. . C- DALLAS AUSTIN ONE SHELL PLAZA 910 LOUISIANA HOUSTON. TEXAS 77002-4995 TELEPHONE: (7 131 229-I23-* FAX-171 3) 329 -1532 TELEX; 76-2779 G-45,618 April 3, 1990 RtCElVto APR 1 0 1990 Mr. G. J. Triplett Senior Regional Counsel Union Carbide Chemicals and Plastics Company Inc. 437 MacCorkle Avenue, S.W. South Charleston, WV 25303 Re: Jerlean Clay vs. Union Carbide ' J' TR,PLETr Dear Joe: I have enclosed a copy of Plaintiffs Motion to Retain case on the docket. The Plaintiffs Motion to Retain will be heard by the Court on Thursday, April 5, 1990. The case will be routinely retained. Plaintiff states that the case should be ready for trial in the fall or winter of 1990. I will speak with Mr. Gordon Davenport about entering into an agreed pretrial order to govern the disposition of this matter. I will keep you informed of developments. Should you have any questions in the interim, please do not hesitate to contact me at (713) 229-1179. ACS: 1397 Enclosure L0867rf 1397/02SK01 SUBJECT TO PROTECTIVE ORDER" UCC 070884 NO. 87-CV-0488 JEKLEAN CLAY : IN THE DISTRICT COURT OF : V. 5 s GALVESTON COUNTY, TEXAS AMERICAN MOTORISTS INSURANCE : COMPANY, UNION CARIBDE and FOLEY PROVENZANO CORP. : s 122NDJUDICIAL DISTRICT PLAINTIFF *S MOTION TO RETAIN TO THE HONORABLE JUDGE OF SAID COURT: Comes now. Plaintiff, JERLEAN CLAY, and files this Motion to Retain and in support would respectfully show the court as follows: I. This is wrongful death case. Causby Clay worked for Union Carbide and was exposed to vinyl chloride during his employment. He subsequently died of liver cancer. This case is a consolidation of two cases. First, Plaintiff is attempting to recover widow's benefits under the Texas Worker's Compensation laws. Secondly, in as much as the case involves a death, she has also filed to recover punitive damages on the basis of gross negligence of the employer. Union Carbide. II. Plaintiffs have obtained the personnel records and medical records from the Defendant, UNION CARBIDE and various hospitals that the deceased was in. These records are currently being reviewed and, based upon the results of the review, the case will be ready for trial in the fall or winter of 1990. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the above case be retained on the court's active docket and for general UCC 070885 relief Respectfully submitted, LAW OFFICE OF GORDON E. DAVENPORT, JR. By* C 1600 East Hwy. 6, Ste. Alvin, Texas 77511 713/331-4242 SBOT #: 05414500 400 ATTORNEYS FOR PLAINTIFF THE STATE OF TEXAS * COUNTY OF BRAZORIA : BEFORE ME, the undersigned authority, on this day personally GORDON E. DAVENPORT, JR., who, being by me duly sworn did state upon his oath as follows: My name is Gordon E. Davenport, Jr. I am the attorney of record for the Plaintiff in the foregoing case. I have read the Motion to Retain and the facts stated therein are true and correct. SWORN AND SUBSCRIBED TO on this the 1990. day of March, BARBARA JOE DUH0N UCC 070886 CERTIFCIATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion has been served on all counsel of record listed below in the manner specified on this the ^ day of March, 1990. Name Nature of Service LEE H. ROSENTHAL Attorney at Law One Shell Plaza 910 Louisiana Houston, Texas 77002 Certified-Return Receipt Requested Mail-Postage Prepaid >N E. DAVENPORT, luR. UCC 070887