Document xjBJ9Rg56kG6ZnOaNbRwOb8Ry

HOME OFFICE LEGAL September 12f 1958 HOKE OFFICE CLAIMS PAUL N. CARMICHAEL RE: LINK VS. HSSB*&=8EBRIg. CO. C42-180812 iou have asked our opinion as to the advisability of pursuing the t.- ,same procedure in this case as in King niithiih1i|| wherein we succeeded in a summary Judgment motion in the federal courts. Relevant material in the file 1b first summarized as follows: Petition. Cir. Ct., St. Louis, filed ll/2?/57: Plaintiff employed by defendant as welder 1945 - 1957* exposed to gases, fumes, dust and metal particles, causing general infection in respiratory system. Defendant was negligent in that the work and the nearby grinding operations were likely to and did produoe and aggravate illness incident thereto, that defendant failed to provide pro tective devices in violation of Sec. 292.300 (O.D. statute), failed to have plaintiff examined monthly under Seo. 292.330 (which refers to 292.310), failed to post notices as to dangers under 292.420, failed to provide respirators under 292.320, exhaust fans under 292.38O, dust oatchers under 292.390 and grinding wheel hood6 under 292.120. Petition sIbo alleges oommon law negligence . in failing to provide a safe place to work. Plaintiff has emphysema, pneumonitis, fibrosis and bronchiectasis, caused and aggravated by the above and is permanently disabled; ad damnum is $150,000. Employment History. When hired in 1945, plaintiff was examined by Dr. Meinhardt Ideceased) who noted ankylosis of the spine but nothing as to respiratory system.' According to his work atten dance reoords, he was absent five weeks in Waroh-April, 1947, and he stated on deposition that he had pneumonia and was off five or six weeks "about 1950 or 1951" (he must have meant 194?)* Company medical reoords show his return to "light work" April 15 or 16, 1947. A. "Physician's First Report," dated 4/14/47, states that plaintiff became siok 2/1/47, with what looks like "emphysema right, though the writing is not very legible. Not until July, 1954, washhe again significantly absent; he was then out for 12 ' months with respiratory trouble. In July, 1955* he waB re-employed with Dr. Donley's exam showing his right chest still bad; "patient extremely underweight.. .capable of doing only very light work for approximately 3-4 hours a day." Plaintiff's own Dr. Drum wrote, 7/8/55* that he-was sufficiently improved so that "light occupa tion would be beneficial." He apparently then did part-time work as a welder, but 9/9/56 he became a "maohine helper* as the com pany could not continue with the part-time arrangement. However, SCF-ABEX-0705 SPNY 000023 ABEX-063