Jury Finds DuPont Liable for Property Contamination
Last week, I wrote that the jury had begun its deliberations in the liability phase of the class action trial against DuPont over its alleged contamination of a zinc smelting plant in Spelter, West Virginia, which the plaintiffs alleged injured their health and damaged their property. Yesterday, the jury determined that DuPont was negligent in dumping various chemicals, including arsenic, cadmium, and lead, at the site. Here's the story by Associated Press reported Vicki Smith. Specifically, the jury determined that the site constituted a public and private nuisance and that the pollution at the site illegally trespassed onto private property. The jury also determined that DuPont was strictly liable for the plaintiffs' exposures.
Because the trial is bifurcated, the parties began to present evidence today on damages, starting with the plaintiffs' claims for medical monitoring. The Charleston Gazette posted this article about the damages phase on its website earlier today.
DuPont has set aside $15 million to deal with the lawsuit. Even if the jury doesn't award damages for medical monitoring, the plaintiffs will present evidence on their property damage claims. Lastly, the jury will determine whether the plaintiffs are entitled to punitive damages. The liability phase took about three weeks to conclude, but I haven't seen any estimate of how long the damages phase will take.
Because the trial is bifurcated, the parties began to present evidence today on damages, starting with the plaintiffs' claims for medical monitoring. The Charleston Gazette posted this article about the damages phase on its website earlier today.
DuPont has set aside $15 million to deal with the lawsuit. Even if the jury doesn't award damages for medical monitoring, the plaintiffs will present evidence on their property damage claims. Lastly, the jury will determine whether the plaintiffs are entitled to punitive damages. The liability phase took about three weeks to conclude, but I haven't seen any estimate of how long the damages phase will take.
