Company must provide medical monitoring for residents of town.
A jury has found that a chemical company must provide medical monitoring for 7,000 residents of a West Virginia town who were exposed to heavy metal contamination emanating from a waste site.
Ten residents of the town of Spelter, West Virginia filed a class-action lawsuit against DuPont Co. in 2004, alleging that the company intentionally dumped dangerous substances on a local industrial site. T.L. Diamond & Co. was named as a co-defendant; however, because of the terms of an agreement whereby DuPont reassumed ownership of the land after the plant run by Diamond was closed as an imminent and substantial threat to public health, Diamond did not actively participate in the trial. The plant, which was in operation for over 90 years, produced zinc for pigments, rust-proofing products, and batteries.
The lawsuit was divided into three phases. In the first phase, the jury considered whether DuPont was negligent when it created the waste site and whether it was liable for the plaintiffs’ injuries. DuPont argued that because it had worked with environmental officials to destroy the old factory and cap the waste pile, it had fulfilled its obligation to the town. Nevertheless, the jury found that DuPont should be held strictly liable for exposing the town’s residents to the toxins. Moreover, DuPont was found liable for creating a public and private nuisance and committing a trespass.
In the second phase, the jury considered whether Spelter-area residents were entitled to routine health screenings at DuPont’s expense and the extent to which DuPont must fund the program. The jury found that DuPont must provide medical monitoring for the next 40 years for residents and their children. However, the trial court judge will make the ultimate decision regarding the actual scope of the monitoring program.
The remaining phase of the lawsuit will address the plaintiffs’ property damage claims. The jury will also consider whether the plaintiffs are entitled to punitive damages.
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