Document mbBv7yMwL7YD1daYoVpr7GQGb

BETSY L. WEISS direct dial number (201) 631-4052 Pitney, Hardin, Kipp & Szuch 163 MADISON AVENUE P.O. BOX 1945 MORRISTOWN, NEW JERSEY 07962-1945 MORRISTOWN (201) 267-3333 NEW YORK (212) 926-0331 TELEX 64201-4 TELECOPIER (201) 267-3727 Li r J JCC (oflL. NEWARK OFFICE 33 WASHINGTON STREET NEWARK, NEW JERSEY 07102 (201) 623-1900 John Downey, Esq. Union Carbide Corporation Law Department E3-285 39 Old Ridgebury Road Danbury, CT 06817-0001 June 12, 1989 Re: Peterson v. Union Carbide Corporation Docket No. L-060148-87 Dear John: Pursuant to our recent telephone conversation, enclosed please find copies of plaintiffs' Motion''to Amend the Complaint, which includes a copy of the Amended Complaint, along with our Letter Brief in opposition. _p} Lj? Y Qr Because I have only recently begun working on this matter, and am not completely familiar with the file, I did not know that Bob Hollingshead had previously sent a copy of the motion to Betty-Lynn White, who was then handling this case. Bob has advised me that he also discussed our opposition to the motion with Betty-Lynn before we filed our brief. Bob has been out of the office on a trial, however, he wanted to make sure this misunderstanding is clarified. 1 u/ Please contact me if you have(any further questions regarding this matter. Very truly yours, BLW:dlo Enclosure BETSY L. WEISS \ privileged and SUBJECTTnAL MATER'AL SUBJECT TO PROTECTIVE ORDER" JuNj. ' 755 ucc 088676 Honorable April 19, 1989 Page 2 l>. Breitkoof Vinyl chloride Moocmar (VCHj. Thereafter, extensive Interrogatories, consisting of 146 goestions (with numerous subparts) were served fay plaintiff* upon tha defendant. Those Interrogatories addressed tha iaaua of tha defendant's manufacture and supply of PVC and VO(, aa wall aa unidantifiad "other rh--Icala and/or compounds" to tha employer, tha Amboy Terminallng Company, over a 20 yaar period, front 1966 to 1986* Dus to tha length of tine of employment and tha atata of dafandant*a racorda over each * long period, extensive tine wan expanded just to respond to those Interrogatories that dealt solely with PVC and VCH. Onion Carbide answered those Interrogatories on April 8, 1988* In so doing, it provided full and responsive answers to all questions concerning PVC and VCM. However, it objected to all questions addressed to "other rtiml-sls and/or compounds" on the specific ground that* UCC 088678 Honorable Burma L. Hreitkopf April 19, 1999 Pag* 1 The Ccnplaint specifically alleges that the plaintiffs injuries vers caused by exposure to polyvinyl chloride and vinyl chloride moncmar. Therefore, this request for infonetion on other chonlrals and/or conpounds shipped to OTD or ATC is irrelevant. (Answer to, inter alia. Interrogatory Bo. 89). The plaintiffs have done nothing to directly overcone this objection, such as requesting a ware specific answer or filing for relief free the court. If the present notion can he considered as an effort to evercone the objection, it is certainly an indirect effort and has been a long ties caning. On Kavembsr 18, 1988, the deposition of toe plaintiff John Peterson was taken. Mr. Petersen identified only PVC and VCM as toe products to which he wen oapooni and of which ho in ccnplnining. notwithstanding the history net forth above, plaintiffs sow seek to snood tooir complaint two years after the litigation was I'cwnoni'eil to add seven nore rhanlcnla or substances which allegedly caused or contributed to toe injury, to witi UCC 088679 Honorable Bam April 19/ 1989 Pag* 4 L, BraitXkpf 1* Polyathylana 2. Polyurethane 3* Polystyrene 4. Isopropilidan# bispbaaol rasins 5* . Phenols 4* Heavy equipment aachinary lubricant* and fuel*. 7. Fumes iron tba haat aaalar la tba bagging area. Of this group of chemical* or substances, tba plaintiffs deposition only astablisbad bis oxposura to on* of tham* fumes from tba bast saalar in tba bagging araa. (Deposition of John Patarsen at 113-114). H* subaeqaantly bacama awara that tba fumes that wars animating frost tba bast saalar war* PVC fan**, (id. at 118}. Thus, with ragard to tba *fuwss,* thara la no reason to aaand tba Complaint because, from tba plaintiff** perspective, they war* PVC fames and PVC is already listed specifically in tba Complaint a* an offending chemical. with ragard to tba raaminiag substance* that tba plaintiffs wish to add, tba defendant submits that no evidence baa bass adduced in this casa to support tbs rxjmt to add thoN rhiwnl m and to \ tba defendant to expend aatanalv* additional time, energy and counsel fees to provide discovery on tbaae chemicals. In particular, tba plaintiff baa failed to identify any UCC 088680 Honorable Honan 1>. Breitkopf April 19, 1999 Pago 5 other cbaeical to which ho wno exposed at hio place of auployeant. Tho only cheadcals ho ha* identified are FVC, VCM and tho FVC fueso fro* tho heat sealer. Under thooo circsootancoo, tho defendant respectfully aubelta that tho plaintiff*1 requoet to anand tho Cceplaint to add thooo *ttb*tanoo bo denied. Baaed on the proaont atato of tho discovery, there aiaply i* no factual basia to aupport tho action. Without tho plaintiff having ahown expoauro to those conpounda, the defendant should not ha put to tho task of providing what will surely be extensive discovery regarding those cbanicals, as there has boon regarding FVC and VCM. Accordingly, the defendant respectfully request* that tho plaintiffs' aoticn bo denied. Bespectfully yours, RLHilh cci Alfred A. Levinson, Bsq. (Via Regular Mail) bec: Betty-Lynn White, Esq. Betsy L. Weiss, Esq. ROMBT 1>. BQU.TWG8HBAD UCC 088681 LEVINSON, AXELROD, WHEATON i GRAYZEL Lincoln Plaza 2 Lincoln Highway P.0. Box 2905 Edison, New Jersey 08818-2905 (201) 494-272? Attorney(s) for Plaintiff(s) JOHN PETERSON and SHIRLEY MAE PETERSON, his wife : SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY LAW DIVISION Plaintiff(s) : vs. DOCKET NO. L-060148-87 UNION CARBIDE CORPORATION, a New York Corporation licensed : to do business in the State of New Jersey : CIVIL ACTION ORDER TO AMEND COMPLAINT Defendant(s) : This matter having been brought before the Court by the firm of Levinson, Axelrod, Wheaton & Grayzel, attorneys for plaintiff(s) for an Order allowing the attorneys for plaintiffs to amend their complaint to add the following; in addition to (he plaintiff, John Peterson, being exposed to "noxious, dangeriu- and carcinogenic material known as 'polyvinyl chloride' and i monomer known aa ' \ i n ,v l chloride', he was exposed to other dangerous, noxious and carcinogenic chemicals manufactured and negligently transported, sold, maintained and unlabeied bv th.- defendant herein." UCC 088682 The plaintiffs also make application that those counts set forth that the defendant negligently manufactured, shipped and sold in addition to 'polyvinyl chloride' and 'vinyl chloride monomer' other noxious and dangerous chemicals, and also wish to cover the range of chemicals which were manufactured by the defendant and shipped to its sole purchaser to wit, the Amboy Terminaling Companv and its predecessor corporation, O.T.D. Terminals Corporation and good cause having been shown; It is so ORDERED on this day of April 1989 as above set forth. Papers filed with the Court: *( ) Answering papers ( ) Reply papers ~ ' .1 . g . . UCC 088683 PITNEY, HARDIN KIPPftSZUCH I 63 MADISON AVENUE MORRISTOWN, N J 07960 T '0-> 4-/T )o /> >\ & a VS/ June 7, 1989 #* Mr. Alfred A. Levinson, Esq. Levinson, Axelrod, Wheaton k Grayzel Lincoln Plaza 2 Lincoln Highway P.0. Box 2905 Edison, Mew Jersey 08818-2905 ' * 4%, Ret Peterson v. union Carbide Corporation Docket Mo. L-060148-87________________________ Dear Mr. Levinsont S' & Enclosed please find a filed copy of the Order Granting Motion to Amend Complaint in connection with the above matter. Very truly yours. BLWiulo Enclosure BETSY L. WEISS : Betty-Lynn White, Esq. (w/enc.) t^John Downey, Esq. (w/enc.) `-V Receive jUN 0 9 iQgg B, L WHITE UCC 088684 1 63 MADISON AVENUE MORRISTOWN N J 07960 jlc t, JCi Cofc/^ iiJ June 7, 1989 o Mr. Alfred Levijimon, Esq. Levinson, Axelrod,^faeaton s Grayzal Lincoln Pla^ ' * " 2 Lincoln *i.Wiway ` P.0. Box 29 *' v' Edison, New JAse^ (Jbfel8-2905 V* Rer'^eterson^v. Union Carbide Corporation \Vgocket No. L-060148-87 Dear Mr. Levinsoni MX# Enclosed please find a filed copy of the ofder Granting Motion to Amend Complaint in connection with the above matter. Very truly yours. BLH:dlo Enclosure BETSY L. WEISS bcc: Betty-Lynn White, Esq. (w/enc.) John Downey, Esq. (w/enc.) -'`''Mu 00 UCC 088685