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| July 25, 2009 |
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Firm Settles Toxic Tort Action
By Donna C. Marron |
Plews Shadley Racher & Braun LLP obtained a favorable settlement for our client in a toxic tort lawsuit arising from the contamination of our client's domestic well and his resulting injuries. The well was impacted by vinyl chloride that had migrated in the subsurface from a nearby garbage dump that accepted indutrial wastes containing chlorinated solvents in the 1960s. Our firm filed suit against the principal industrial user of the garbage dump in 2006. The court denied the defendant's motion for summary judgment on negligence, strict liability for an ultrahazardous activity and nuisance, finding disputed issues of material fact. Further issues in the case included the time period that our client's well was impacted by vinyl chloride as well as the connection between our client's injuries and his vinyl chloride exposure. The settlement followed extensive expert discovery and took place shortly before trial.
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