Document dnMK4kwE4g0833yO44KM93nbe

NUTTER, McCLENNEN 6c FISH ONE INTERNATIONAL PLACE BOSTON. MASSACHUSETTS 02110-2699 TELEPHONE 6P 439-2000 FACSIMILE 617 97J-974S j, DIRECT Dl41 NUMBER (617)439-2382 April 29, 1992 18371-1 VIA FEDERAL EXPRESS Keith Minoff, Esq. Robinson, Donovan, Madden & Barry, 1500 Main Street - Suite 1400 Springfield, MA 01115 P.C, Re: Alice L. Warren, Administratrix v. The Dow Chemical Company. Union Carbide, et al. . C.A. No. 89-30201F Dear Keith: Enclosed are the following: 1. Memorandum of Settlement (which contains the revisions we discussed yesterday); 2. Five copies of the Settlement Agreement to be executed by your client and returned to me; and 3. Five copies of the Release to be executed by your client and four copies of which are to be returned to me. Please note that I will return to you a fully executed copy of the Settlement Agreement once our clients have executed same. Very truly yours, SPR:ncg 0103c Enclosures cc: Joseph E. Rendini, Esq. Susan P. Ritter bcc: John R. Downey, Esq.v Judith Elledge, Esq. Mary Sundt, Esq* Ms. Jacqui A. Miraglia (File No. ERBY 808 225 33J) UCC 080734 NUTTER, McCLENNEN & FISH ONE INTERNATIONAL PLACE BOSTON, MASSACHUSETTS 02110-2699 TELEPHONE-617 439 2000 FACSIMILE 617 973-9748 April 8, 1992 18371-1 DIREC T DIAL NUMBER (617)439-2382 Joseph E. Rendini, Esq. Morrison, Mahoney & Miller 250 Summer Street Boston, MA 02210 Re: Alice L. Warren, Administratrix v. The Dow Chemical Company, Union Carbide, et al.; Your File No. D-16183 Dear Joe: Enclosed is plaintiff's Memorandum of Settlement. execute same and return to plaintiff's counsel. Please Very truly yours SPR:ncg 9887c Enclosure cc: Keith Minoff, Esq. c r ,. / Susan P. Ritter bcc: John R. Downey, Esq* 7 Judith Elledge, Esq. Mary Sundt, Esq. Ms. Jacqui A. Miraglia (File No. ERBY 808 225 33J) UCC 080747 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 89-30201-F ALICE L. WARREN, ADMINISTRATRIX OF THE ESTATE OF JOHN H. WARREN, DECEASED, Plaintiff VS. THE DOW CHEMICAL COMPANY, THE B.F. GOODRICH COMPANY, UNION CARBIDE COMPANY and CONTINENTAL OIL COMPANY, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM OF SETTLEMENT WHEREAS, the plaintiff, Alice L. Warren, the Administratrix and widow of John H. Warren who died on January 29, 1988 after having incurred a fatal disease in the course of his employment for Monsanto Chemical Company which was insured under the provisions of M.G.L. c. 152 by Travelers Insurance; and WHEREAS, Travelers Insurance has paid to Alice L. Warren as the widow of John H. Warren a sum of $192,500. as a lump sum settlement in accordance with the provisions of M.G.L. c. 152; and UCC 080748 WHEREAS, the plaintiff, Alice L. Warren, brought an action as Administratrix of the Estate of John N. Warren against the defendants seeking to recover damages resulting from her loss of consortium, his pain and suffering and his wrongful death alleging negligence and breach of warranty on the part of the defendants, which negligence and breach of warranty the defendants deny? and WHEREAS, the parties to this action have agreed to resolve Alice L. Warren's claim by a compromise settlement; and WHEREAS, M.G.L. c. 152, 15, establishes a technical requirement for approval of tort actions begun by injured employees against third parties such as the defendants in this action; and WHEREAS, M.G.L. c. 152, 1, requires "any reference to an employee who has been injured shall when the employee is dead also include his legal representatives," it is hereby agreed as follows: 1. The parties have agreed to a settlement of all claims in the amount recommended by the Court at the settlement conference held on January 21, 1992. 2- - UCC 080749 2. The attorneys' fee as per agreement between Alice L. Warren and Robinson Donovan Madden & Barry, P.C., her attorneys, is one-third of the settlement amount. The costs incurred by Alice L. Warren and paid by her attorneys, Robinson Donovan Madden & Barry, P.C., and to be reimbursed to Robinson Donovan Madden & Barry, P.C. are $4,935.35. 3. Alice L. Warren, Administratrix, will receive a draft or drafts from the defendants, or their representative or representatives, in an amount equal to two-thirds of the settlement amount, less $4,935. 4. Robinson Donovan Madden & Barry, P.C. will receive a separate check for its attorney's fees and costs. 5. M.G.L. c. 152, 15, requires court approval as set forth above. The purposes of 15 are to avoid employee improvidence and disproportionate payments to either the worker's compensation insurer or the employee. In this case the settlement amount was suggested by the Court and has been thoroughly argued and negotiated to the benefit of the defendants and the plaintiff. Therefore, no improvidence obtains. Neither the worker's compensation insurer, the Travelers, nor Alice L. Warren can be disproportionately treated in the circumstances of this case because Travelers Insurance Company settled Alice L. Warren's compensation claim against it as set forth above and as part of that settlement 3- - UCC 080750 waived any right to any recovery against any legally liable person. M.G.L. c. 152, 15. A copy of said waiver is attached hereto on document entitled "Agreement For Redeeming Liability By Lump Sum Under G.L. c. 152, section 48." IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 1992. Alice L. Warren, Administratrix James H. Tourtelotte, Esq., of Robinson Donovan Madden & Barry, P.C. Attorneys for Alice L. Warren, Administratrix 1500 Main Street - Suite 1400 Springfield, MA 01115 (413) 732-2301 BBO NO. 500800 THE DOW CHEMICAL COMPANY BV fhOAm R- 6___________ Its Attorney, SharoW R. Burger Nutter, McClennen & Fish One International Place Boston, MA 02110-2699 (617) 439-2000 BBO NO. 064415 CONTINENTAL OIL COMPANY (CONOCO) Nutter, McClennen & Fish One International Place Boston, MA 02110-2699 (617) 439-2000 BBO NO. 064415 4- - UNION CARBIDE CHEMICAL AND PLASTICS COMPANY, INC. Bv Xnanj/u Its Attorney, >urger Nutter, McClennen & Fish One International Place Boston, MA 02110-2699 (617) 439-2000 BBO NO. 064415 THE B.F. GOODRICH COMPANY By____________________________________________ Its Attorney, Mark S. Granger Morrison, Mahoney & Miller 250 Summer Street Boston, MA 02210 (617) 439-7500 In accordance with the provisions of M.G.L. c. 152, 15, as amended, the foregoing Memorandum of Settlement Agreement is hereby approved this day of , 1992. 5762L Michael A. Ponsor, U.S. Magistrate -5- XJCC 080752