=======================Electronic Edition========================
RACHEL’S HAZARDOUS WASTE NEWS #79
—May 30, 1988—
News and resources for environmental justice.
——
Environmental Research Foundation
P.O. Box 5036, Annapolis, MD 21403
Fax (410) 263-8944; Internet: erf@igc.apc.org
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CA. COURT AWARDS $3.9 MILLION FOR POLLUTION DAMAGE TO FOUR PEOPLE.
A California court has awarded damages of $3.9 million to four
plaintiffs whose groundwater was contaminated by a now closed
hazardous waste dump in Salinas, CA; the dump is owned by
Firestone Tire and Rubber Co. of Akron, OH, who will have to pay
the plaintiffs $2.6 million in punitive damages and $1.3 million
in compensatory damages.
The plaintiffs–Frank and Shirley Potter and Joe and Linda
Plescia–will receive compensatory damages as follows: $800,000
for fear of life-threatening disease, $1633,000 for medical
monitoring, over $269,000 for psychological damage, and about
$108,000 for “disruption of lives.” According to the law firm
representing the plaintiffs, this represents the highest
percapita compensation case in the U.S. involving groundwater.
For over seven years the plaintiffs lived adjacent to the Crazy
Horse landfill in Salinas where Firestone disposed of hazardous
chemical wastes between 1963 and 1980.
The plaintiffs became aware of a problem with their drinking
water in November, 1984, but “did not receive an adequate
response to the problem from the local, state, and federal
agencies that have jurisdiction over Monterey County. In
January, 1985, tests of the plaintiffs’ drinking water showed
concentrations of five to 20 parts per billion (ppb) of several
chemicals, including benzene, chloroform, methylene chloride,
toluene, and vinyl chloride.” The judge in the case, Robert
O’Farrell, said the chemicals in the drinking water
“fingerprinted a tire-making factory.” The plaintiffs filed suit
against Firestone in early 1985.
During the lawsuit, information surfaced showing that Firestone
continued to dump in the landfill despite memos written by
Firestone personnel saying such dumping was illegal under
California law.
A spokesperson for Firestone says the company plans to appeal the
decision.
For further information, contact attorneys for the plaintiffs:
Gordon Stemple, Stemple & Boyajian, Suite 900, 1888 Century Park
East, Century City, CA 90067; phone (213) 556-2650.
–Peter Montague, Ph.D.
Descriptor terms: ca; drinking water; groundwater; settlements;
victim compensation; firestone; crazy horse landfill;
landfilling; leaks; robert o’farrell; lawsuits;