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A.R.-4
12/5/85
forecast with any accuracy the amount which might be recovered
in these cases, although it is not improbable that Margaret
Carlough, if she succeeds, may recover from $20,000. to $25,000. *
and perhips even more. A recovery of 25,000. would d not in'my
judgment, be set aside as excessive. If the other employees
were successful in recovering, their recovery would in all
probability be considerably in excess of the amount for which
Mr. Kalisch is willing to settle.
The question therefore with which you are confronted
is whether you would prefer to pay from $7500. to $10,000. in
discharge of 2 possible, if not probable, liability of from
$25,000. to $30,000. Furthermore, it is quite probable that
the insurance dompany will make a substantial contribution
toward the amount paid in settlement which might reduce the
amount to be paid by you to not much more than $5,000.
I cannot escape the conclusion that if you can
discharge your possible liability to these employees for from
$5,000. to $7,500. it would be good business judgment so to do,
as both Mr. McGlynn and I agree that if the plaintiff proves
sufficient facts to warrant the court in submitting the cases
to the jury, a verdict against you is exceedingly probable.
Whether in the event of 2 settlement you will be
confronted by other claims on the part of other employees is
a matter which is difficult to determine. Mr. Kalisch says
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"ocrText": "A.R.-4\n12/5/85\nforecast with any accuracy the amount which might be recovered\nin these cases, although it is not improbable that Margaret\nCarlough, if she succeeds, may recover from $20,000. to $25,000. *\nand perhips even more. A recovery of 25,000. would d not in'my\njudgment, be set aside as excessive. If the other employees\nwere successful in recovering, their recovery would in all\nprobability be considerably in excess of the amount for which\nMr. Kalisch is willing to settle.\nThe question therefore with which you are confronted\nis whether you would prefer to pay from $7500. to $10,000. in\ndischarge of 2 possible, if not probable, liability of from\n$25,000. to $30,000. Furthermore, it is quite probable that\nthe insurance dompany will make a substantial contribution\ntoward the amount paid in settlement which might reduce the\namount to be paid by you to not much more than $5,000.\nI cannot escape the conclusion that if you can\ndischarge your possible liability to these employees for from\n$5,000. to $7,500. it would be good business judgment so to do,\nas both Mr. McGlynn and I agree that if the plaintiff proves\nsufficient facts to warrant the court in submitting the cases\nto the jury, a verdict against you is exceedingly probable.\nWhether in the event of 2 settlement you will be\nconfronted by other claims on the part of other employees is\na matter which is difficult to determine. Mr. Kalisch says"
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