Document gbVLeEdEgGomq5QGxg2ErGyQa

Jo h n F. Mc Do n o u g h Ja me s R. Dig b y Ch a r l e s M. Co n n e l l y Sa mu e l B. Va v o n e s e Mc Do n o u g h , d ig b y & Co n n e l l y ATTORNEYS AT LAW 245 Ea s t Wa t e r St r e e t Sy r a c u s e . Ne w Yo r k 13202 (315) 422-1 134 S. Ch a n d l e r Fr a s e r (195Z-IS6B) November 29, 1979 Davoli & McMahon 800 State Tower Building Syracuse, New York 13202 Attention: Daniel McMahon, Esq. Re: Dear Mr. McMahon: REDACTED H52CC 4187219RG D/A: ? ? ? v. The Sherwin Williams Co. I appeared on your behalf at a hearing held November 5, 1979 at Syracuse, New York before Judge Murphy. The claimant was present and was represented by Attorney Thaddeus B. Oot. This case appeared on a special trial calendar for the testimony of the claimant's attending physician, Dr. J. Robert Smith. At the call'of this matter Dr. Smith was in attendance and testified basically in substance to the following, although I will not go into detail as to this since I have taken the liberty of ordering the minutes which I had also done at the last hearing and are now made a part of your file. Dr. Smith's opinion was that after reviewing the claimant's history and her alleged exposure he felt that the exposure she had while working for your insured was the competent producing cause of her present condition. On cross-examination I attempted to elicit from the doctor what amount exposure would constitute a dangerous exposure of a noxious substance that he referred to as the competent producing cause of the claimant's condition. The doctor was extremely evasive and would not answer the question outright, stating that there had been no studies performed to his knowledge that would indicate the extent to which the exposure had to be before the type of cancer that was found in this claimant would occur. of I went into some detail regarding present when it would appear that offending agent. the one OSHA study and the levels, that.were had to almost directly inhale the Although the doctor was somewhat evasive and in fact his testimony was overall quite speculative, he maintained his position that the exposure v ti a* me ci sitrant bad, albeit a minimal er- sure . r c- v ] c h a v e b e a r. t b e " * ** ` y - o c u i n cause o i z. n e i su k . bt c ~i a r n a t s e e N40529 November 29, 1979 Davoli & McMahon Page 2_____________________ Re REDACTED the doctor as to the different types of type that was diagnosed was only due to to which he stated that it was not, but which they are not absolutely sure. leukemia and whether or not the the exposure that was mentioned that there are other causes of Although Mr. Beal was in attendance for his testimony this date, due to the lateness of the hour Judge Murphy adjourned this case one month for the testimony of Tim Beal and your medical witness. 1 am returning your file together with a statement for services. Very truly yours, Mc Do n o u g h , d ig b y & c o n n e l l y CMC:s c encs . By ' INSURANCE SEP 1 7 1980 0007-SWP-005501682 CONFIDENTIAL