Jury Finds Chemical Companies Not Liable For Environmental Contamination June 5, 2009

Last month, a California jury dismissed from an environmental contamination lawsuit several companies that were in the chain of manufacture, distribution, and ultimate use of perchloroethylene, finding that there was insufficient evidence that these companies were responsible for the environmental contamination. During the trial, the city of Modesto, California (the plaintiff) contended that these companies were liable for the city’s tainted groundwater and contaminated soil because these chemical manufacturers had wrongfully told several local drycleaners (who were also sued by the city) that they could dispose their perc waste into Modesto’s sewer system without concern that it would contaminate the local environment or water.

Although this verdict was a setback for the City of Modesto, California (who is the plaintiff in the lawsuit), who claimed that these companies had manufactured, sold and used a defective product, and that the defendants’ mishandling and misuse of the defective product had tainted the City’s water supply, the City had previously been awarded well over $21 million in compensatory and punitive damages in their claims against defendants Dow Chemical, PPG and Vulcan Chemical.

Not suprisingly, counsel for Modesto, as well as corporate giants Down Chemical and PPG have indicated that this lawsuit is far from over, as they all intend to appeal.

Jonathan Cooper is a New York Business Litigation and New York Commercial Litigation Lawyer with a focus on New York breach of contract and New York business fraud claims before the Nassau, Queens, Brooklyn, Bronx, Westchester and Suffolk County courts of New York State. For more information, feel free to contact his Long Island office at 516-791-5700.

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