Document p2En6rVRDL63q11ovJmwYvpDk

* * 2b IN TER-OFFICE CO R R E SP O N D E N CE Et h y l Ga s o l i n e Co r p o r a t i o n At l a n t a Of f ic e R h o b e s -Ha v e r t t B u i l d i n g A t l a n t a ,G e r g i a March 26, 1938. I : " ' ' ' . Dr* Robt. A. Kehoe, Dear Dr* Kehoe, Attached is copy of a letter prepared by the Birmingham office of the Standard Oil Company of Kentucky and forwarded to their home office Louisville in further regard to an alleged ease of lead poisoning presented by at Warrior, Alabama. I discussed this with Dr* Xitzmiller when he was in Atlanta last week and I am forwarding the attached copy to keep you informed. We have taken no part in this claim except to receive whatever information the Standard Oil Company of Kentucky have seen fit to give u s . Very truly yours, j a c / f .l enclosure. N8205 Birmingham, Ala. 3/14/38 Mr. l. Smith, Louisville, Ky, JJH MCH C&l MCH Claim - I warrior, Alabama Following Mr. Middleton* letter 8th. I have contacted attorney Geo. Rogers in this matter and much'to my surprise he has completely reversed himself, stating that he had talked with attorney J. K. Taylor, Birmingham. (Mr. Taylor is one of our high pressure plaintiff attorneys here) and that he thinks this claim is worth 15,000.00, but he believed he could get his client to accept #6,000.00. I informed attorney Rogers we were not interested at any such figure. I don't believe he will now take less than #5,000.00 and that he will associate attorney Taylor with him, first, for hia high pressure ability and, seoond, to keep on the good side of agent W. 0. Barnett, Warrior, whom Mr. Rogers represents on retainers fee. On the surface this case looks dangerous, but when we consider the facts this dont look so bad. First - This man is suffering from paralysis. Both Dr. Martin, Warrior, and Bra. Lineberry and Ward, Birmingham, concur this was caused by chronic lead poisoning and base their conclusions on the history as given them by Mr. that he drank water which contained Ethyl Gasoline or gasolin^whioh contained Tetra Ethyl Lead. Dr. Kehoe in his letter to M r . S m i th. says lead could not be the responsible agerr^for^r. illness. He also doubts very much that M r . i l i n e s s was due to the ingestion of gasoline. Second - This leaky tank was replaced May 4th, 1937 and the leak was a small one at the return line on the top of the tank. Even though this contaminated the well, M r . aot taken ill until July, more than two months later, ur. Ear-cin says he had a gastric ulcer and his condition become worse, developed pains in the shoulder resulting la partia^ ^ r a l y s i s , Dr, Lineberry says, on September 6th when he saw Mr. M H H V v h e complained that for three or four years he had been troubled with his stomach and about August 1, 1937 (three months after the leak in the tank) he vomited blood etc. Then he x-rayed on September 7, 1937 and Dr. Lineberry has stated to the writer the blood tract ana urine showed mo signs of lead. Then when Mr. ^flUHHfe^rsturned November 29, 1937 (probably after he had conferred with attorney Rogers) he gave the Doctors the tale of drinking water with Ethyl Gasoline in it, and he discontinued drinking the water from the well after the hemorrhage. This m a n ^ ^ R M f e t h a s been a heavy drinker and a lot of stomach trouble can be caused by excess, and I think the time element, May until July or August, certainly would have some weight ilgp # i f ,^-i - ' -i MCE gfllf witl% Jury and on the other head a Jury certainly is going to doubt that a man of average intelligence would drink enough water contaminated with gasoline to cause this trouble. I hate consulted our attorneys {Mr. Shellbume) in connection with this ease and they do not recommend settling at anything, like the figure mentioned by attorney Rogers and we concur with them, .= __________ Attorney Rogers is still agreeable to our having Mr .^^^^^^^examtned and I believe if you would let Dr, Kehoe come to and associate a local Doctor of his selection with him, also talk to Drs. Lineberry, Sard and Martin about this ease we oas get this in shape to defend end win or settle at a nominal sum. Our attorneys {Shellburne) has done a lot of work on poison food cases in our local courts and has handled these oases with much success and certainly this case is very similar. Wo do not recommend settling on the basis of Mr. Rogers figure and since he has talked with attorney Taylor he is very unreasonable, therefore, we will be sued and we might as well start building our ease for defense and I do not think we should delay this, I can make an appointment to suit Dr, Ke&oe's convenience if you will have him advise us when he would be available. wishes. After reviewing the above please advise your co: Mr. Chas. G. Middleton, General Counsel. rr (