|
Continued from Page 1
Under federal law, FAG was required to account for all TCE shipped
off site; however, it could not account for more than 500 barrels
(27,500 gallons) of TCE used at the plant during the nine-year
period.
In 1995 our combined firms first pursued claims against
FAG for TCE contamination, representing 86 of the property owners
in Silver Creek whose property was contaminated. Settlement was
obtained for this group of owners for $4.4 million (Silver Creek
I). Following completion of the Silver Creek I case, our firm
was contacted by adjoining property owners from both Silver Creek
and Saginaw Villages, who had concerns about current and future
TCE contamination of their properties.
A state court class action was then filed on behalf of all residents
of Silver Creek and Saginaw Villages who were not involved in
the original settlement (Silver Creek II).
The claims were pursued under the legal theories of common law
nuisance, public nuisance, trespass, strict liability and negligence.
No claims were made for bodily injury. Ultimately the Silver Creek
II class action included hundreds of class members who owned 436
parcels of property. A settlement for $7.3 million has received
final approval from the court.
|
Most of the properties in Silver Creek and Saginaw Villages which
were tested did not have TCE contamination of their well water.
Because the potential for contamination exists, however, permanent
alternative water sources were necessary in both villages.
A portion of the funds recovered in the Silver Creek
I settlement were used to install safe city water lines for both
villages.
The Silver Creek II settlement brings to a close difficult
and protracted litigation over FAG's TCE contamination of Silver
Creek and Saginaw Villages, and FAG has been held accountable
for its actions.
|
As a result of the litigation, both villages now have safe and
clean drinking water, and the property owners have been compensated
for their actual and potential future diminution in property value.
THE 1999
MEDICAL MALPRACTICE
NON-ECONOMIC
DAMAGES CAP IN
MISSOURI IS
NOW
$517,000
|
|
