Posted on 08/14/2005 1:38:15 PM PDT by WayneLusvardi
Perchlorate Property Damage Lawsuit Fails JURY'S RULING FOR COMPANY DISAPPOINTS HOMEOWNERS By Paul Rogers Mercury News - Aug. 13,2005
Excerpt: A federal jury on Friday rejected the claims of a group of South Santa Clara County homeowners who said they suffered significant financial and emotional damages after their drinking-water wells were contaminated with perchlorate, a chemical found in road flares and rocket fuel.
After only a day of deliberation, the six-person jury in San Jose district court found in favor of Olin, a Norwalk, Conn.- based company that has taken responsibility for the pollution. The jury awarded no money to the residents -- a precedent that could affect claims still pending from scores of other homeowners.
``It encourages me that there is still justice in the justice system,'' said Rick McClure, Olin's project manager leading the cleanup. ``Olin has been a responsible corporate citizen. Our actions have shown that since Day One.''
In the case, more than 100 families in the San Martin area sued. They did not allege health problems from the plume of perchlorate that stretches 10 miles in groundwater from Morgan Hill to Gilroy, but rather a loss of property value totaling $36 million and emotional distress.
Olin's attorneys argued, however, that property values in the area from Morgan Hill to Gilroy have increased at a similar rate in recent years as property values across San Jose. The jury agreed.
A lawsuit failed in Santa Clara County alleging property damages from proximity to perchlorate contaminated sites. See full story at San Jose Mercury News (registration required) http://www.mercurynews.com/mld/mercurynews/news/politics/12375380.htm
(Excerpt) Read more at pasadenapundit.com ...
Connecticut company ping (Olin of Norwalk).
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