DuPont cases could be tried soon

Local News

Discussion

July 28, 2009

By KENNETH HART - The Independent The Daily Independent Tue Jul 28, 2009, 11:41 PM EDT

ASHLAND — The next group of cases in a massive federal lawsuit against DuPont could go to trial before the end of the year, perhaps as soon as October.

In a recent court filing, attorneys for the remaining 173 plaintiffs in the suit request that U.S. District Judge David Bunning set the next cases for trial “as soon as possible,” assuming that DuPont remains unwilling to talk settlement.

Earlier this month, a jury found DuPont grossly negligent in an Oct. 11, 2004, chemical release that sent clouds of sulfuric acid billowing from the company’s Wurtland plant.

The same jury awarded about $130,000 to six plaintiffs suing the company. However, because of the gross-negligence finding, each plaintiff also was awarded punitive damages equivalent to 10 times their compensatory damages, bringing the total award to about $1.3 million.

The suit is being tried in four phases, and the gross-negligence finding will apply in subsequent phases of the litigation. That means the only issue future juries will have to decide is whether the plaintiffs are entitled to be compensated by DuPont.

In a status report filed last week, Jean M. Goeppinger of Crescent Springs, one of the attorneys for the plaintiffs, wrote that the plaintiffs and their lawyers believe settling the case would be the best interest of all concerned, especially since the first trial “provided ample information regarding the potential settlement value” of the remaining claims.

However, DuPont apparently was not swayed by the verdict, according to the report.

“Despite the fact that the jury has now spoken, (the) defendant is still not listening,” Goeppinger wrote. “To date, it has not made any settlement offer whatsoever.”

In the absence of a settlement, Goeppinger suggests the court should try 10 cases during the next trial, using a “limited-time rubric” similar to the one employed during the first phase of the litigation.

Goeppinger also maintains that the next group of claims to be tried should be “middle-of-the-road” and permanent injury cases, rather than ones where plaintiffs are claiming minor injuries. This, the report states, “would allow the parties to more accurately access the overall value of the case for potential settlement purposes.”

The report also states that the plaintiffs’ legal team would be available to try the next case as early as Oct. 26.

DuPont has said it plans to appeal. However, under a ruling issued by Bunning, the company cannot do so until all of the plaintiffs’ claims have been resolved.

A number of those with claims pending against DuPont are police officers, firefighters and other emergency personnel who responded to the scene when the leak occurred.

The leak, caused by a cracked pipe at the Wurtland facility, resulted in the release of sulfur trioxide, a chemical that formed billowing white clouds composed of droplets of sulfuric acid, which covered much of Wurtland, Worthington and Greenup.

Specific health problems plaintiffs claim they suffered because of exposure to the chemical clouds include skin irritation, respiratory problems, burns, eye irritation, impairment of taste and smell, persistent headaches and others.

Plaintiffs’ attorneys argued that failure on DuPont’s part to address issues raised by a 1995 chemical release at the Wurtland plant was largely responsible for the same type of incident occurring again nine years later.

Text Only

Local News

Rice, 18 volunteers recognized for agency work at annual dinner presentation
When Kim Rice became director the Ashland Senior Center six years ago, the center on 15th Street in downtown Ashland was losing its focus and patrons, Steve Towler, executive director of the United Way of Northeast Kentucky, told the more than 200 people attending Thursday night’s annual United Way Volunteer Recognition Dinner.

February 11, 2012
Firefighters, city reach settlement on overtime
The city of Ashland has reached an agreement with firefighters involved in a dispute involving overtime wages after an audit by the Kentucky Labor Cabinet.

February 11, 2012
Plea in Greenup love triangle
A Greenup County man on Friday admitted in court that in August 2010 he shot to death a Washington man who’d traveled across the country to be with his former girlfriend.

February 11, 2012
Putnam restoration gets additional $50K
The Putnam Stadium Restoration Foundation got a $50,000 boost from The Woodlands Foundation.

February 10, 2012
Kentucky schools get waiver on No Child Left Behind
Kentucky and nine other states received waivers Thursday from the federal No Child Left Behind Act, in exchange for putting their own improved accountability systems in place.

February 10, 2012
Sweet harmony
Many women all over the world travel miles every week, just to sing with a barbershop chorus.

February 10, 2012 1 Photo
Bankruptcy filings: 2/10/12
Bankruptcy filings in the Eastern District of U.S. Bankruptcy Court include the following:

February 9, 2012
Russell Independent School District
A new gym floor at Russell High School will cost somewhere between $71,000 and $107,000, school board members learned Thursday.

February 9, 2012
Workers reject contract offer
Hourly workers at Marathon Petroleum’s Catlettsburg refinery on Wednesday rejected a contract offer from the company.

February 9, 2012
UW campaign tops $780,000
While the economy of this region continues to struggle, the people of northeastern Kentucky again proved this is a caring and giving area by easily surpassing the ambitious $750,000 for the 2011 campaign of the United Way of Northeast Kentucky.

February 9, 2012
More Local News Headlines

Local News

Search Results

Discussion

DuPont cases could be tried soon

Site Map

Contact Us