Document ppO592gXmKnOjKr3oJmaMGeGj

FILE NAME: US Gypsum (USG) DATE: October 28, 1937 DOC#: USG053 DOCUMENT DESCRIPTION: 1937 Letter to JJ Cuneo re Wetzel v National Asbestos Manufacturing Company '-i* * / . * : * i' s . . `v. `i*'Vw: J}> October 28, 1937 . : , t i* .< ' :>.. .. - *' .. ":-^.-^..^i-*w*7v.0" *' ..ir m. i.. ' i**.#- --V ' * *. 4 * . .i / Mr* John J. Cuneo 921 Bergen Avenue Jersey City, H.J. \ > * . ' , . % ' % * * *. .** 4 iivA jiw Wetzel National Asbestos * Manufacturing Company - ' ,` * * ! * - V . .V 1 .Anre^ * .Dear Hr* Cuneos I have been out of the city ^ thelast . three weeks and am just getting an opportunity to reply to your letter of October 8 __ Tha United States Gypsum-Company has had a have^been* successfu^ln S & d i I a U of theo .ltd the exeeotion of one in which a small verdict was orou in b ? t h e jury, and that case is now pending on a motion for new tria?^which we expect will bo granted. Our defense to these cases has been based, first on the fact that there was no nagli-sonce or * a c h of statute in the operation of the that there was no. injury. In connection S S n t i f f s ^ ^ question, we have had examination of erts before trial and have also been able to prove by experts that the dust created in gypsum oporat-ons 13 not in lurlous. /3S 1VP. X KO..2 'I - c -vVJ;. - V .Vj<*V , ir. John J. Cuneo - 2 October 28, 1937 .vUi`r-* .'V .r., *!..** :<-v'aV;-Ktf .11'. We have not had occasion to defend any case > Drought for asbestosls, which, is one of the two recog .nized diseases resulting from the breathing of dangerous dust, the other being silicosis. There is, however, . .*.considerable disagreement among the experts with regard .- to asbestosls, and there is a special study now being ..made b y Dr. Leroy U. Gardner of the Saranac Laboratories, . Saranac Lake, Sow York, at the instance of a number of ,,the asbestos manufacturing companies. I think, by all means, that you should talk to him and his associate Dr. Sampson with regard to the medical phases of your case. It would be especially valuable for them to have an X-ray of your plaintiff lir* Wetzel, and if under your Sew Jersey law you have a right to physical exami nation before trial, you should by all means get that examination as soon as possible and then take the matter up with Dra. Gardner and Sampson. . ' >i& :Vm -Vi- wi;: 'i&hi t ." - .rSy'i-i.riy*e;v-.H-** r Shortly after United States Qypsum Company took over the National Asbestos plant, Dr. Gardner and his staff made a study of the conditions at that plant with reference to possible dust hazards* They found certain conditions which they recommended be changed, ard those changes were made. No particular study was made of the **Lce force, as it was not considered that people work-- ~8 the office would be subjected to any conditions that could be considered hazardous from a dust standpoint, and from my experience with the cases we have tried, I would not anticipate that any real authority on the question ..would consider that infrequently passing through other parts of the plant could possibly produce a case of asbes-- tosls. . There is a great deal about the trial of these cases that I could not hope to write in a letter, and of course our cliont United States Gypsum Company is inter ested in seeing this case successfully defended. I an wondering whether you plan to be in Chicago in the near future and, if so, suggest it might be well d you plan to spend some time with me and discuss the details of the case. We have a great deal of information here on these dust cases, and I should be very glad to discuss it with Cl'PsIC Yours very truly, .r -- /