Document QJrn9K8eD7LrJOzoQVxmeLJZk

CC.: "2>-l U^b<j LAW OFFICES OGLETREE, DEAKINS, NASH, SMOAK AND STEWART 4 PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS AND PROFESSIONAL CORPORATIONS ONE THOUSAND EAST NORTH POST OFFICE BOX 2757 GREENVILLE, SOUTH CAROLINA 2*601 (S03) 242-1410 L>j. Cot Com sp. November 17,1988 Richard J. Lorenz, Esquire (Tenneco Oil) Beverly V. Gholson, Esquire (Georgia Gulf) James V. O'Gara, Esquire (Union Carbide) Marina K. Pita, Esquire (Conoco) John Endicott, Esquire (Maxus Energy) Woodrow W. Ban, Esquire (B.F. Goodrich) Robert D. Luss, Esquire (Occidental) V other OFFICES ATLANTA, GEORGIA WASHINGTON, D. C. RALEIGH, NORTH CAROLINA COLUMBIA, SOUTH CAROLINA NASHVILLE. TENNESSEE ALBANY, GEORGIA SPARTANBURG, SOUTH CAROLINA SCHENECTAOY, NEW YORK C i V E. NOV 2 3 1988 Re: Cox v. Georgia Gulf, et aL C.A. Nos. 8:88-1399-3 and 8:88-1400-3 Ladies and Gentlemen: ^ M^ Enclosed is a copy of our motion for summary judgment and supporting brief filed in the above-captioned matter. We also filed the enclosed motion for summary judgment on behalf of Tenneco Oil Company and Tenneco, Inc. on the basis that they never manufactured or sold PVC resin. The plaintiffs attorney has 15 days or until the end of the month to respond to our motion for summary judgment. Bob Ariail, the plaintiffs attorney, has told us that he intends to file an amended complaint, adding Tenneco Polymers, Inc. as a proper defendant, and dropping the improper Tenneco defendants. Mr. Ariail will also bnng in Formosa Delaware, Inc, and drop Formosa U.S.A., who never manufactured or sold PVC resin. The filing of the amended complaint will probably continue the trial of this matter until the February term. We have been informed that a co-defendant, Sumitomo, has offered the plaintiffs attorney $25,000 to settle out individually. Danny White, attorney for Formosa, has indicated to us that he will recommend to his client that they attempt to settle out for $30,000. Plaintiffs attorney, in his response to our motion, will attempt to raise an issue of fact as to whether Stauffer was a sophisticated user. Mr. Ariail claims to have an affidavit in which the Stauffer plant manager states that he was unaware that there was ever any cancer danger to Mr. Cox became of the low levels of residual VCM in the suppliers' resin, and that he relied on the manufacturers to supply him with warnings. However, we detect some concern on Mr. Ariail's part that the court will grant our motion for summary judgment. It therefore appears that he may be inclined to accept a reasonable settlement PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 079424 Cox Defense Grouj November 17,1988 Page 2 _____ _____ offer prior to Jhe court's ruling on our motion. Therefore, if a decision is made to extend an offer along the lines suggested by Richard Lorenz, it should be done within the next two weeks. Both Don Cockrill and I will be available to discuss the matter. Very truly yours, OGLETREE, DEAKINS, NASH, SMOAK AND STEWART MLH:agd Enclosures PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 079425