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A.R.-3
12/5/25.
In my judgment your company is not liable, however,
in this case unless it knew or ought to have known of the
dangers inherent in the use of the paint and failed to advise
its employees of such dangers or to take proper precautions
for their protection.
If, however, we were to defeat the pending actions
on this ground, the decision of the case would have no bearing
upon the question which is of great importance so far as your
future sales are concerned: namely, the question of whether
the application of the paint is attended with danpers to the
operator.
So that it seems to me that any of your customers
or prospective customers who familiarize themselves with the
proceedings of the trial (and these proceedings will be given
wide publicity) would not be convineed of the harmless character
of the product merely because you might succeed in defeating
the pending cases. It seems to me, therefore, that so far as
the sales of the product are concerned, there is at least as
much danger in proceeding to trial as there is in a settle-
ment of the cases.
I assume from the fact. that Mr. Kalisch has suggested
9 settlement of the three cases for 11,500. that he would
accert 2 lesser sum in settlement: in fact, it might be possible
to settle all of these cases for from 7500. to 10000. Itcinnot
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"ocrText": "A.R.-3\n12/5/25.\nIn my judgment your company is not liable, however,\nin this case unless it knew or ought to have known of the\ndangers inherent in the use of the paint and failed to advise\nits employees of such dangers or to take proper precautions\nfor their protection.\nIf, however, we were to defeat the pending actions\non this ground, the decision of the case would have no bearing\nupon the question which is of great importance so far as your\nfuture sales are concerned: namely, the question of whether\nthe application of the paint is attended with danpers to the\noperator.\nSo that it seems to me that any of your customers\nor prospective customers who familiarize themselves with the\nproceedings of the trial (and these proceedings will be given\nwide publicity) would not be convineed of the harmless character\nof the product merely because you might succeed in defeating\nthe pending cases. It seems to me, therefore, that so far as\nthe sales of the product are concerned, there is at least as\nmuch danger in proceeding to trial as there is in a settle-\nment of the cases.\nI assume from the fact. that Mr. Kalisch has suggested\n9 settlement of the three cases for 11,500. that he would\naccert 2 lesser sum in settlement: in fact, it might be possible\nto settle all of these cases for from 7500. to 10000. Itcinnot"
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