Document zd7V9Z9VBYXyBv4yLD5nzqN3g

ROBERT A7 BUND* // X 3 Fuller & Hewry Attorneys At Law 1200 EDISON'PLA'ZA P. O. BOX 2086' TOLEDO. OHIO 43603 - (4t) SSS?6i*C;'-' TCLECOPICW Ai-3l-HSAA r,e\ rttCElVfcl* ,0V1 3 1937 F. DAVE* November 6,-1987 Gary Johes^-Esq;; Staff Counsel The1' BFGoodrich Company Chemical Division-' 6100-Oak Tree Boulevard Cleveland, Ohio 44181 Robert D.- Luss, Esq. Occidental Chemical Corp. Armand Hammer Boulevard P.O.-Box-699 PottStown, PA 19464 Amy NgS,: Esq,-: Legal*- Department' CohbCO* -1 nc .' 600 R. -Dairy-'Ashford, MF2166 P.O. Box 2197 Houston^Texas 77252-2197 Joseph V. Morris, - Esq-.r: The- Goodyear' Ti're'and' Rubber Company'/ 1144"East Market^Street' Akron, -OH 44316^0001- John Endicott, Esq. General Counsel 'Kaxus Energy Corporation 717 North fiarwbod-street- Da 11 aS TX 752015: Richard J. Lorenr-v ? Esijsq Tenneco oil Company;*;, Tenneeo Bui 1 ding:*:; P.O. Box 251111 Houston, TX: 770015;. Stephen V. Moser, Esq. Firestone Tire & Rubber Company 1200 Firestone Parkway Akron, Ohio 44310 Lawrence D. Lenihan, Esq. 297 King Street Chappaqua, NY 10514 Peter F. Davey, Esq. Law Department E-3 Union Carbide Corporation El-275 39 Old Ridgebury Road Danbury, CT 06817-0001 Re: Dendlnger v. Chrysler Plastic Products Corporation, et al. Dear Counsel: PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" c Jjgfal -2- Noveiaber 6, 1987 Recently, we filed a notion for partial summary judgment on behalf of all of our defendants, addressing the action brought by Mrs. Wallace. We argued that the personal injury action of Mr. Wallace was barred by the statute of limitations. As you can see by the enclosed memorandum and order of the court, the judge denied our motion, on the basis that the statute of limitations begins running only when plaintiff can identify the particular defendants who supplied the alleged harmful products. We believe that this order is incorrect in its intepretation of Ohio law, but the order is not appealable at this time. We obviously only have an order of the court indicating that a genuine issue of material fact exists regarding what plaintiff knew, and when he knew it. We can still argue to the jury the statute of limitations defense, although this defense is somewhat inconsistent with our primary position that the PVC material supplied by you was not the actual cause of plaintiffs' cancers. Nevertheless, some type of alternative argument can be considered later at the time of trial. I am also enclosing a copy of a memorandum and order of the court granting defendant Shintech's motion for summary judgment, on the grounds that Shintech fulfilled its duty to warn plaintiffs' decedents' employer regarding the hazards of VCM, and thus judgment should be entered for that defendant as a matter of law. I am also enclosing a copy of a notice of deposition received from plaintiffs' attorney Please note that there are no specific dates set up for the deposition of specific people, but he indicates that he would like the depositions to occur from December 14 through December 24. We are not necessarily bound by this, but 1 will be calling you to set up the depositions of your plant personnel either in the month of December or January. We have obtained an agreement from plaintiff's counsel that the discovery deadline of January 1 can be extended for one month to complete all the discovery which still needs to be done in this case. We took the deposition of the treating oncologist. Dr. Steven Roshon, on November 5. Dr. Roshon did extremely well. He PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" 06jfffe Fuller & Henry TOLEDO, OHIO -3- November 6, 1987 is a young doctor, having been in practice only four or five years, but his creditials are impressive and he makes a good witness. Dr. Roshon supports our contention that there is no information in the literature which supports any theory that VCM or PVC is known to cause the types of cancers which arose in Mr. Dendinger and Mr. Wallace. Plaintiffs' strategy at deposition was to get Dr. Roshon to concede that he has not reviewed all of the OSHA files regarding VCM, and that he is not familiar with all of the literature which exists. Plaintiffs' counsel will be relying on a medical article published by Dr. Chiazzi in his proof of Dendinger's case, a copy of which is enclosed. I do not yet know how he intends to establish causation in Wallace, but deposition of his experts will determine this. RAB/lmc 3861-1 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" !9 Fuller & Henry TOLEDO. OHIO cc: Louis E. Tosi, Esq. Peggy A. Whipple, Esq. R.E. Wildey, Kemper, #555 QN 115219-Z Douglas L. Talley, Esq. Richard R. Pells, Aetna Nelson R. Goodrich, Travelers, #875 ER B20 1697H, #875 ER B20 1703A J.W. Cooke, Kemper, #555 QN 114977Z Fred Conner, Travelers, #811 ER D36 8557R, #811 ER D36 5724H Beth Ellen Taylor Robert Doherty Terry L. James, #CNZ 14-06-79/R/0 James McCartney, #US11335 Pino Foti, #US11335 William Hutt John McAndrews Benjamin H. DeVries James Camerino Cheryl Beckles Kenneth Meyers, Esq. David Roserman, Esq. Joseph B. Petko Charles E. Foster, Esq. Philip S. Pierson PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" O' >0