Class Action Lawsuit Filed Over Behr Toxic Plume
Released
on: September 11, 2008, 4:40 am
Press
Release Author: Teresa Kelly
Industry:
Environment
Press
Release Summary: The suit demands that defendants Behr America,
Inc., Behr Dayton Thermal Products, LLC and Behr Dayton Thermal
Plant LLC, current owners of the facility, and Chrysler, LLC,
former owner, make financial restitution for damages to residents
caused by toxic underground fumes caused by groundwater contamination
cased by the plant.
Press
Release Body: Dayton, OH – The Columbus, Ohio law firm of
Leeseberg & Valentine, in litigation partnership with Janet,
Jenner & Suggs, LLC (Maryland) and German Rubenstein, LLP
(New York), have announced the filing of a class action lawsuit
on behalf of residents living near the Behr Dayton Thermal Plant.
The
suit demands that defendants Behr America, Inc., Behr Dayton Thermal
Products, LLC and Behr Dayton Thermal Plant LLC, current owners
of the facility, and Chrysler, LLC, former owner, make financial
restitution for damages to residents caused by toxic underground
fumes caused by groundwater contamination cased by the plant.
The
suit was filed Tuesday, September 2, in the Court of Common Pleas,
Montgomery, County, OH. The class includes all persons who live
in the McCook Field neighborhood and other areas near the plant,
located at 1600 Webster Street in Dayton.
“The
U.S.Environmental Protection Agency has recognized the damage
caused to the McCook neighborhood. Those responsible for the contamination
need to be held accountable. Our lawsuit begins the process of
holding the wrongdoers responsible for their disregard of the
health and safety of these residents,” said attorney Anne
Valentine.
Exceedingly
high levels of toxic gases linked to cancer have been found in
many homes in the area, leading the USEPA this year to nominate
the site for the national Super Fund list.
The
class action lawsuit seeks compensation for diminished property
values, establishment of a medical monitoring fund, money to pay
for installation and operation of air filtration systems, and
punitive damages. Persons who think they may qualify as a member
of the class may call toll free 1-800-590-1289 to speak to an
attorney, or may find information on the web at www.McCookField-lawsuit.com
The
three law firms partnering in the class action bring exceptional
experience, expertise and resources to the case. German Rubinstein,
LLP, has significant experience in environmental toxic torts and
groundwater contamination matters. Janet, Jenner & Suggs and
Leeseberg & Valentine are nationally known for expertise in
dealing with mass torts.
Background
Census
data shows the area includes an estimated 2,100 residents living
in 1,100 homes and apartments. Former and current residents and
property owners, and any persons who spent significant time in
the area, such as employees of local businesses or schools, may
have been exposed to harmful levels of chemicals and are included
in the class.
At
issue is a cloud, or plume, of poisonous gas that is rising from
contaminated ground water in the area. The USEPA has pinpointed
the source of the contamination as the thermal plant, when it
was owned and operated by Chrysler Corp. Groundwater contamination
in the area started in at least 1998, according to the EPA.
Chrysler
has assumed responsibility for tracking and cleaning up the contamination.
However, it is disputing EPA claims that the plume has spread
significantly since 2002 and is now putting a greater number of
people and properties at risk.
The
Behr plume contains high levels of trichloroethylene or TCE, a
highly toxic gas linked to cancer. The EPA considers a safe level
of TCE for humans to be 0.4 parts per billion. Yet, indoor air
concentrations in the community have been detected as high as
260 ppb. Air abatement systems have been installed in at least
185 properties in the area so far. The Ohio Department of Health
has found rates of cancer from 1 ½ to nearly nine times
the average in residents who live in near the plant.
USEPA
released a report Aug. 1, warning that TCE levels in some homes
in the area had reached levels “that may pose a long-term
health threat.” The report said the Behr VOC plume is expected
to continue to pose a public health hazard until the ground water
is cleaned up. It said indoor air filtration systems proposed
for impacted homes are only a temporary solution. One elementary
school in the affected area has already been closed.
Chrysler
owned and operated the plant from 1937 to 2002, first as Chrysler
Corporation and then as the merged company, DaimlerChrysler. The
facility, which manufactures vehicle air conditioners and cooling
systems, was sold to Behr America in 2002.
Web
Site: http://www.McCookField-lawsuit.com
Contact
Details: 6700 Manchaca
Austin, TX 78745
5124416484
5124410305
2009
