Document XwDey09p8NvLr6Rz40dx9Zog

Si31 Johns-Manville Internal Correspondence To: Jald, WHQ 2-18 Date: November 17, 1978 From: Copies: Subject: Eards, Denison filer, WHQ 3-07 CLASS ACTION SUIT Neal Amarino, WHQ 1-02 J. Anderson WHQ 1-05 Enclosed are newspaper articles from the Denison Herald and the Sherman Democrat concerning the class action suit. You will note that in the Sherman Democrat article they refer to "No comment"; however, the same statement was given to both newspapers. If we get any additional information concerning this suit we will advise you promptly. LIR/is enclosures SC-JMM-1997 Tuesaay, November 14,1978 Sherman Democrat Page Nineteen Suit claims asbestos cancer A $2.5 million class action lawsuit against the Johns* Manvilie company was filed Monday in Sherman's Federal Court, claiming Charley Downs, a ^3-year-old randier from Durant, Okla., breathed cancer-causing asbestos fibers while em ployed for two years at the company's Denison plant during the 1950s. ' He also claims that the company never warned him of the harmful effects of asbestos, that he was never instructed in ways to protect himself and that he/" was never furnished arespirator. Downs is bang represented by Sherman attorney Larry Chin. JohnsrManvilie officials declined immediate comment on the lawsuit PRODUCED JM -83 THE DENISON HERALD--Denison, Texas, Wednesday, November 15,1978 \ . * . .! %\ ' SHERMAN -- A $2.5 million lawsuit was filled- Monday in U.S. District Court against the Johns- Manville Corp. by Charlie Downs of Durant' -" The suit'alleges'that Downs-was - "seriously and permanently injured- as a result of asbestosis, lung can cer, pulmonary disease, pleural mesothelima and other- related diseases now developed, and in the developing stages or which will subsequently develop as theresultof his contact with asbestos while working with- Johns-Manville in Denison."- ' In his suit Downs claims his wage earning capacity has been per manently destroyed, that he has suffered physical pain and mental anguish, that- he has incurred medical and hospital.expenses and expects to have substantial medical and . hospital- expenses for die remainder of his life, that his life ' * * * ? I span has been greatly reduced ancH that he has "contracted a disease-? with these unreasonably dangerous - products which will beiataltohim.'* The suit a class action filing for all who have been exposed to asbestosis and may have contracted cancer, contends that persons in.the3 industry have been aware of the'3 problem for years and have failed to - take any action to alleviatelt- - . Attorney Larry Cain of Sherman; - representing Downs, said the suit, was one of two suits he is preparing. - The second suit will be filed within?* the next couple of weeks, he said. A:i similar suit has been filed in Tyler ' against Pittsburgh Corning Glass. - Johns-Manville plant- manager; Lou Richards said, "we are aware of the class action suit that has been> filed; however, we have hot yet? received a copy of the document, and haven't reviewed it and cannot?- rocnnnd ot Mite Hma '* *, F'sODUCED THE DENKONHERALD--Denison, Texas, Wednesday, November 15,1978 SHERMAN ' -- 'AV*2.S' span has been g____ ,, ______ lawsuit was filed Monday in UiL that he has "contracted"!,"disease*?? District Court against' the Johns- with these unreasonably dangerous'^ Manville Corp. by Charlie Downs of products which wiD be fatal to him.^ 3 Durant ' '* ' The suit, a ctess*. acting The suit alleges that Downs was for all who have been exposedfto'- "seriously and permanently injured asbestosis and may have contracm&y as a result of asbestb6is, lung can cancer, contends that persons in thfirS cer, pulmonary- disease, pleural ' industry have been aware of the$ mesothelima and-"other, related problem for years and have failed to* diseases now developed, and in the* take any action to alleviate it developing stages or which will Attorney Larry Cain of Sherman,-? subsequently developas the result of representing Downs, said the suit, his contact with asbestos while was one of two suits he is preparing.*1- working with Johns-ManviBe in- The second suit will be tiled within Denison." . - " the next couple of weeks, he said, A In his suit. Downs claims hiswage . similar suit has been tiled in Tyler earning capacity has been per against Pittsburgh Corning Glass: manently destroyed, that he has JohnstManville plant manager. suffered physical pain and mental Lou Richards said, "we are aware of anguish, that he has: incurred the class action suit that has been medical and hospital expenses and filed; however, we have not yet expects to have substantial medical received a copy of the document; and' hospital expenses for the and haven't reviewed it and cannot remainder erf his life; that his life respond at this time." THE DENISON HERALD^--Denison, Texas, Sunday, December 17, 1978 Widow Of Former J-M Employee Files Suit.. SHERMAN -- The widow of also suing several out-ofstate a former employee of Johns- asbestos companies'- doing Manville in Denison Hied suit business with Johns-Manville. in federal district court here Wednesday for $250,000 In the suit, Mrs. Gage claiming her husband's death claims the company knew the' three years ago was caused by danger of handling raw exposure to raw asbestos asbestos, but failed to warn materials while on the job. 'her husband of the danger or The lawsuit Wayne Gage, claims Glen a longtime instruct him in ways to protect himself. . * employee of Johns-Manville, Last month, Charley Downs,,1 died of lung cancer and other a Durant, Okla., rancher, filed,' related diseases in December a class-action lawsuit against 1975 at age 46. Johns-Manville. He asks $2.5 Dorothy Gate filed the suit million for damages allegedly on behalf of herself and the caused by exposure to cancer- couple's three children. She is causing asbestos.