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COLLINS & CORBIN
COUNSELLORS AT LAW
CLEMENT K. CORBIN
ROBERT J. BAIN
EDWARD A. MARKLEY
CHARLES w. BROADHURST
1 EXCHANGE PLACE,
HOWARD F. MC INTYRE
JERSEY CITY, N. J.
FRANK A. BOEHLER .
JAMES B. EMORY
PATRICK F. MC DEVITT
FRANK P. CLANCY
JOHN F. LEONARD
May 10, 1930.
Hoare V. U. S. Radium Corp.
Dr. Frederick B. Flinn,
c/o College of Physicians & Surgeons,
Columbia University,
New York City.
Dear Dr. Flinn:
Replying to your letter of the 7th instant
in the above, please be advised that upon reflection, I feel
that our campany should not agree to provide medical care
for this plaintiff or any other plaintiff in these radium
suits. In the event that the case goes to trial (and there
is a strong probability that it will) the fact that our
company has provided medical attention and paid for it would
be an admission of liability in the eyes of the jury who
Culd hear the case. The reasoning would be that our company
would not have paid for the medical care and attention and
treatment unless it were liable to the plaintiff and that
would foreclose a fair consideration of the meritorious
questions of liability which are involved.
However, we are willing to accept your
offer that we make independent examinations of Mrs. Hoare
for the purpose of determining for ourselves whether or not
she is radioactive and the nature and extent of her illness,
disease or injury, all of which is to be without prejudice
to the rights of either party. I have therefore informed
Mr. Barker that he might go ahead and arrange with you for
such examinations at the earliest possible moment. Also, if
you are in a position to submit a reasonable offer in settle-
ment of this case, all negotiations to be rithout prejudice
in the event of contest, I shall be glad to submit it to
our client for its consideration. This latter I should like to
do as soon as practicable and as soon after our physical ex-
aminations and reports as practicable. Anything you can do to
expedite our examination of this girl or any o ther girl will
be greatly appreciated.
Thanking you for your letter of the 7th and
with kindest regards,
Sincerely yours,
EAM:AG
E. A. MARKLEY
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"ocrText": "COLLINS & CORBIN\nCOUNSELLORS AT LAW\nCLEMENT K. CORBIN\nROBERT J. BAIN\nEDWARD A. MARKLEY\nCHARLES w. BROADHURST\n1 EXCHANGE PLACE,\nHOWARD F. MC INTYRE\nJERSEY CITY, N. J.\nFRANK A. BOEHLER .\nJAMES B. EMORY\nPATRICK F. MC DEVITT\nFRANK P. CLANCY\nJOHN F. LEONARD\nMay 10, 1930.\nHoare V. U. S. Radium Corp.\nDr. Frederick B. Flinn,\nc/o College of Physicians & Surgeons,\nColumbia University,\nNew York City.\nDear Dr. Flinn:\nReplying to your letter of the 7th instant\nin the above, please be advised that upon reflection, I feel\nthat our campany should not agree to provide medical care\nfor this plaintiff or any other plaintiff in these radium\nsuits. In the event that the case goes to trial (and there\nis a strong probability that it will) the fact that our\ncompany has provided medical attention and paid for it would\nbe an admission of liability in the eyes of the jury who\nCuld hear the case. The reasoning would be that our company\nwould not have paid for the medical care and attention and\ntreatment unless it were liable to the plaintiff and that\nwould foreclose a fair consideration of the meritorious\nquestions of liability which are involved.\nHowever, we are willing to accept your\noffer that we make independent examinations of Mrs. Hoare\nfor the purpose of determining for ourselves whether or not\nshe is radioactive and the nature and extent of her illness,\ndisease or injury, all of which is to be without prejudice\nto the rights of either party. I have therefore informed\nMr. Barker that he might go ahead and arrange with you for\nsuch examinations at the earliest possible moment. Also, if\nyou are in a position to submit a reasonable offer in settle-\nment of this case, all negotiations to be rithout prejudice\nin the event of contest, I shall be glad to submit it to\nour client for its consideration. This latter I should like to\ndo as soon as practicable and as soon after our physical ex-\naminations and reports as practicable. Anything you can do to\nexpedite our examination of this girl or any o ther girl will\nbe greatly appreciated.\nThanking you for your letter of the 7th and\nwith kindest regards,\nSincerely yours,\nEAM:AG\nE. A. MARKLEY"
}