George F. Evans to Steven L. Hoch on Blocking Dr. Merrill's Deposition (1982)

A two-page letter of June 29, 1982, from George F. (Rick) Evans, a senior attorney at Johns-Manville Sales Corporation in Denver, to Steven L. Hoch of the Santa Monica law firm Haight, Dickson, Brown & Bonesteel, J-M's outside counsel. A plaintiffs' attorney named Simon wanted to depose Dr. Merrill, whom Evans describes as "the treating physician at the Manville, New Jersey plant". Evans writes that he is "without any doubt that Dr. Merrill will only damage our position in Los Angeles if he testifies," and that J-M "should do everything in our power to block this deposition."

What it shows

Evans lays out the steps. First, a motion to quash, arguing that Merrill's "treatment of plant employees and the Johns-Manville Corporate Medical Policy" had no relevance to product cases from the Long Beach Naval Shipyard. If that failed, J-M should insist that Simon serve Merrill properly and "not assist him in any fashion whatsoever." If Simon succeeded, J-M would seek a protective order in Maine, where Evans notes that David Gross "has become friendly with one of the Maine judges." Only if all of that failed would J-M offer to use prior deposition testimony instead. Dr. Merrill had treated the Manville plant's workers for years (see his 1958 letter on work restrictions for returning employees), and the company's lawyers judged that what he knew would hurt J-M before a jury.

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

Memorandum to Stephen L. Hoch, Esq. of Haight, Dickson, Brown & Bonesteel, by George F. Evans, dated 6/29/82 re Dr. Merrill's Deposition, discusses Manville's attempt to prevent Attorney Simon from deposing Dr. Merrill. Evans believes that Dr. Merrill's testimony will only damage Manville's position in Los Angeles.

For that reason he feels that Manville should do everything in their power to block the deposition. He suggests first, J-M should file a formal motion to quash on the grounds that Dr. Merrill's treatment of plant employees and the Johns-Manville corporate medical policy has absolutely no relevance as to products liability suits arising out of the Long Beach Naval Shipyard. Second, assuming J-M does not prevail, Manville should insist that Simon obtain proper service upon Merrill, but not assist him in accomplishing the task. Third, if Simon is ultimately successful in obtaining proper service, then Manville should attempt to obtain a protective order in Maine for the purpose of quashing or limiting the deposition. He then states that David Gross has become friendly with one of the Maine judges, and feels he might be favorably disposed towards Manville's position.

Editor's note: J-M's description gives the recipient as "Stephen L. Hoch"; the letter reads "Steven L. Hoch."