Document ZJ0NwEjrQ7majX5eaQGn77b0d

PLAINTIFF'S EXHIBIT October 23, 1937 \!r. T-fin J. Cunoo 921 3c?''on Avenue tc av r1 * + v *? T Dear Mr. Cnneo; vretzel v. ''attonal Asbestos '' a n u fa e t r in g C o-: na nv I have been out of the city for the last three \vee<s ana am just getting an opportunity to reply to y;v.r letter of October 3. The bnited States Ciypsua Company has had a groat :any suits brought against It by forser e roloves cLaining injury iron oust created in gyoctra o Derations, The disease or aliment claimed has been described either as silicosis or pneumoconiosis, the latter being s Irani/ 1. tern for a cund[ition of the lungs brought about by inhaling dust, b>' ut not necessarily a disablin'' cor'd it lor. . v e ha /e now t:ried six of those cases and have been successful in diefending all of then .vlih the exception of one in vO: Lchi a snail vend ice v?a s brought in by the jury, and that case is no** pending on a notion for new trial which -ve exrcct "'ill be granted, Our defense to these cases has been based, first on the fact that there was no negligence or breach of statute in the oaeration of the uiant, and, second, that there was no injury. In connection vath the injury toestion, re have had examination of the plaintiffs before trial and have also been . .ble to prove by exoerts teat the durt created in gyosua operations In not in jurious. GP028 0193 Mr. To'nn j. Cunoo G e tobor <. 6, 193? Me have not had occasion to defend any case brought, for asbestosis, 7h Lch is one of the tvo recog nized diseases resulting from the breathing of dangerous dust, the other being silicosis. There is, however, considerable disagrcenent among the experts with regard to asbestosis, and there is a special stray now being o:Srie by Dr. Leroy :I. Gardner of the .Saranac Laboratories, Saranac Lake, :;c-w York, st the instance of a number of the asbestos rrsnu f actvrin?. comoanies I think, by all "cans, thrt you should talk to him and hv *ilsSc* associate Sr. Sampson Tilth regard to the medical pha ses of your case. It '-.onid he especially valuable then to have an X-ray of your plaintiff Lr. hetzel, aclIr"i:d0 if 'under your **er Jersey law you have t right to physical eexx;ani- notion before trial, you should by all means get that examination as soon as possible and then take the ".otter up uith Srr. Gardner and Samoson. Ghortiy after "nited States viypsum Company took over th hat lorn, i asbestos plant, Lr. Gardner ar.d his cr ^ . ci p i,' - S- v yj _ the coneLti w- \ ln1 hr' Cr* *V* t h c t riant vith oceuce to possible d'.st racard .r> _' i-- . c-v f unci certain r* e c o r* ^ r. d " d be ch :. need , a.:d those parti cular study mas made of the u'i :ce torca. r not con si dereu th a t people y.oru- u be sub'ec ted to u-uy c.;rditions ii ; <jl v* ed hazardou s fror: a a-.' st 2 tan choc in or. ny experience "ith the cas es v.e have tr -* y-.y t r* \ o "1c r.ot antic'.pate t'- at cr.y real art'-.ority or. ih0 ; ] uould c o n s ice r th a t in f I*p t*^rr. t* ^ V' ' 'arts of the plant cor.l : :* or silly : y " p n, other r* c_ rj p of s.e There is a great deal about the * rial of these cares thr t I could r.ot hoc? te rite in Lett"!', end of course our client 'Gritod States Cyv'cjur Coroony is inter-- r`St^d in seeing is case u'ceessfuiLy defended. I s~ rendering chc-ther you plan to he in Ch.icc.ro In the near future and, if so, suggest it might be veil 15 you plan to spend cone tine 'Ith r.o t.r:c cicc''s? she details of the case. e have a -great deal of information ''.ere on these dust cases, and 1 should be very glad to discuss it with Y.urs very truly. GP028 0194