Document g4Y8m6Op9qKyzMn1z0eVaZ8N

INTER-OFFICE CORRESPONDENCE Et h y l Ga s o l in e Co r p o r a t io n CHRYSLER BUILDING 405 LEXINGTON AVENUE Ne w Yo r k July 11, 1940 Dr. K. A. Kehoe Dear Dr. Kehoe: I wrote you on July 8, attaching a copy of a letter received from Kurtz, Reed, Sappenfield & Cooper, attorneys for the Maryland Casualty Company of Baltimore, insurers of the Orange State Oil Company in the 0. C, Hubbard case. I discussed this matter later with our counsel, Mr. B. C. Loder, who felt that we should place copy of the letter on file with, the Travelers Insurance Company, who cover us in such matters. There is attached hereto copy of Mr. Loder's letter to Travelers,- I having told him that you had conducted a personal investigation of considerable scope and had quite a lot of informa tion on it. We received today a letter by registered mail di rectly from the Orange State Oil Company wherein they place them selves on record as to their intentions in the event they sustain any damages as a result of the case. Copy of the Orange State Oil Co. letter is attached hereto. This is all for your information and we trust you mil advise us if you have any comments to make at this time. m/r cc - Mr. S.c. Loder CMI3GE STATE OIL COMPANY 368 H. L. 58th Terrace Miami, Florida SUBJECT* Accident Beoort File July 9, 1940 ses Ethyl Gasoline Corporation, 'lew York Hew York Gentlemen: Your Atlanta office is aware of the death on December 23, 1939 of one of our employees, v`e understand the contention will bo made by claimants tha^rm^desSn 'was caused by tetraethyl lead fumes while cleaning a gasoline storage tank belonging to us, and that he wa3 exposed to these fumes through the negligence of your corporation* I'/e are in receipt of letter from as follows* which -e quote in full "Havana, Florida June 23, 1940 "Hr* J. E, Fonn Miami, Florida Dear Sirs in regards to the death of 34, 1939. December I wrote you several months ago concerning this acoident and to date I have no reply from you, I have definite information he died of Tetraethyl poison contracted while in the employ of your Company, under Hr* Earl Glover* 1 am ready to negotiate with any one you designate for compensation for his two children who were dependent upon him for support* mail. I will expect areply from this letter by return Yours truly. Mother of deceased. H&vana, Florida c/o L.a . Gray " KE 0021065 Ethyl Gasoline Corporation July 9, 1940 Page No. 2. You will note from Mrs. that she is making a claim against us on account of Jir7imd| death for compensation for his dependents. This is to advise you that in the event we are required to expend any moneys in connection with or on account of the death of the said G. c. Hubbard that we will take all legal steps to hold you responsible there for and will expect and demand full and complete reimbursement therefor. Yours very truly, ORANGE STATE OIL COMPANY R. W. Tan Brunt HWBsVP Secretary cct Ethyl Gasoline Corp. -Rhodes-Haverty Building Atlanta, Ga. Attns Mr. J.A. Costello Division Manager Kurts, Reed, Sappenfiald & Cooper Security building Miami, Florida Attil* Mr. Wn. L. Reed Hudson & Cason Attorneys at haw 350-53 Seybold Building Miami, Fla. . Attn: Hr. F. Cason cc: Mr. John D. Hills, Mgr. Miami ^laim Division Maryland Casualty Co. 220 Seybold Dutiding Miami, Fla. Mr. J. Alton Douglas, Adjustor Maryland Casualty Cc. Suite 8-B, Atlantic Hat'1. Bank Annex Building Jacksonville, Fla. REGISTERED MAIL KE" 0021066 copy July 2, 940 Travelers Insurance Company Claim Department ICO East 42nd Street ilew York, IT, Y Gentlemen! The attached is a copy of a letter received recently by us and which is self-explanatory. We have been advised that investigations made by Dr* Kehoe disclose that the accident in question was not due to any negligence on the part of this Company and that he has considerable data available for the defense in the event of a suit. However, v;e would like to have your representative discuss the situation with cither hr. Harry Kaley of this Office or with me before insti tuting any investigation in Florida. Very truly yours, B. C. LODER BCL:Mcg Enc# Kt? 0021067 N 24473.02 / INTER OFFICE CORRESPONDENCE Et h y l Ga s o l in e Co r p o r a t io n CHRYSLER BUILDING 405 LEXINGTON AVENUE Ne w Yo r k July 8, 1940 Dr. R. A. Kehoe Dear Dr. Kehoe: You will find attached hereto copy of a letter received in this office by registered mail today. I am not too familiar with the status of this case, although I did see a report from Mr. Costello on the subject within the past few days. Has it been customary for you to handle such things as this directly with our division managers, or through your own staff, or is there anything you would like us to do from this end. cc; Mr. J. A. Costello Mr. Ben Loder KF 0021068 N 24473.03 HEED, SAPPEHFIELD & COOPER SECURITY BUILDING 3.31AMI, FLORIDA Ethyl Gasoline Corporation Chrysler Building - W York, IT. Y. July 5, 1940 o ' cf* We are writing to you as attorneys for Maryland Casualty Company, :>f Baltimore, Maryland, the Insurer of Orange State Oil. Co*, of Miami, Fla* It now appears that the dependents of deceased, making claim against the Orange State Oil Company and contending that death vas occasioned by exposure to tetraethyl lead fumes gasoline storage tank From our investigation, of this matter is appears that died on December 23, 193S The report of Dr. Robert A Eehoe, of sneering laboratories in Cincinnati, Ohio, together with the other in formation we have been able to develop causes us to conclude that this man's death was due to exposure to tetraethyl lead through the negligence of the Ethyl Gasoline Corporation. lie have notified the Florida Industrial Commission of Hubbard's death, and have simultaneously notified the Commission that we will contro vert any claim made by his dependents. In the event a claim is filed with he Commission it will, of course, mean a trial of the case on the facts eforo a Deputy Commissioner in Florida, and if the claimants receive an award at the hands of the Deputy Commissioner an appeal through the appel late courts of this state would quite possibly be indicated. In the event no claim is field before the Florida Industrial Commission, or if such a claim is field and the claimant denied an award, our assured would, we be lieve, actively defend any common law suit that might be field by the widow, or other surviving dependents. This is to advise you that in the event our client is required to expend any moneys in connection with or on account of the death of the said^HMHBHBBPthey will hold you responsible therefor and will expect and demand full and complete reimbursement therefor. It is our understanding that the Orange State Oil Company and a representative of your Atlanta, Georgia, office have had conversations in connection with this matter, and we are therefore, sending a copy of this letter to your Atlanta, Georgia, office* Very [truly yours, KURTZ REED SAFPENFIELD & COOPER AI By W. L. REED KA 0021069 N 24473.04