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RI to reimburse lead-paint companies

1:48 PM Thu, Jan 22, 2009 |
Alan Rosenberg    Email

By Peter B. Lord
Journal Staff Writer

A Superior Court judge ruled today that the paint companies that were defendants in the state's historic public nuisance lawsuit are entitled to some reimbursement of their expenses because the state Supreme Court threw out the lawsuit last year.

The decision by Judge Michael A. Silverstein pertains to $242,121 the companies say they spent on court-appointed examiners after a jury found they created a nuisance with their paints two years ago. The figure amounts to a small fraction of the millions of dollars the companies spent to defend themselves during the 10-year legal battle.

Rhode Island Attorneys General Sheldon Whitehouse and Patrick Lynch alleged that Sherwin-Williams, NL Industries Inc. and Millennium Holdings LLC created a public nuisance by selling lead-based paints decades ago that later poisoned thousands of Rhode Island children as the paints deteriorated. A jury agreed, but the Supreme Court disagreed, finding the companies couldn't be found to create a nuisance with products that were out of their control.

In a decision released this afternoon, Judge Michael Silverstein, who presided over the entire case, found that "Here, where the Rhode Island Supreme has overturned the jury verdict against the Defendants and vacated the judgment of abatement, it would be inappropriate to continue holding the Defendants liable for any portion of the co-examiner expenses."

After the jury's verdict, the state pushed to have both sides hire examiners to start planning the extent of the cleanup the companies would be forced to do. The companies argued that work should be postponed until they had their day before the Supreme Court.

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Comments

pod said:

The suit had no scientific or legal basis. Six civilians are asked to understand the meaning of "public nuisance" (which even the presiding judge did not understand)and to pass on scientific and medical issues which were obscured by the demagoguery and hyperbole of the prosecution. Why reimburse the defendants only $250K? Why not reimburse their total expenses? How can manufacturers and industries survive if they can be dragged into a nine year court battle on a flawed legal premise, supported by an outlier judge whose Supreme Court peers unanimously disagreed with his opinion? The case should have been rejected in 1999, they said, when Whitehouse first hatched his "wacky" idea. I feel for the industry in this case and am offended that so much professional time and so much money was wasted in the nine year debacle.



Outraged said:

How dare they. These companies knew just how dangerous and unconscionable lead paint was, yet they continued to produce and promote it.

The biggest damage was not to inner city kids who supposedly found paint chips so tasty, but to the generations of house painters who dealt with the stuff day in, day out. Two of my relatives succumbed; they had absolutely no idea at the time of the lead content or what it could do to them.



Art Toegemann said:

Agreed.
The case always failed the concept of liability.
Some children became ill by eating chips of house paint. The responsible parties were their parents and those owners responsible for maintaining those properties painted, but not the manufacturers of the paint. Proper use of the paint still does not make anyone sick.
This case tried to do what the tobacco case did, with nothing but visions of billions of dollars in settlement leading the way. The differences were relevant, and obvious, thruout. The defendants should have their costs paid.



Jason Richer said:

Good for the paint companies!!!
The state went after them and failed to look at themselves.
The level of lead in the municipal water is a much greater concern... How many homes in Providence are supplied water through lead pipes? MANY!!!!!
The lead content in city water is a known concern but what is being done about it? Nothing!

Fix your own house before you start pointing at others and finding them to blame when you are just as culpable....!!!!!

The state is getting what it deserves.



ee53 said:

The whole lead paint lawsuit was ridiculous to begin with, and was just grandstanding on Whitehouse's part and a total waste of our taxpayer dollars.

The paint companies have prevailed in such suits in other states as well. There is simply no logical basis for blaming companies and people for things that were legal or unknown in the past just because they might have "deep pockets."

The fact is, that when lead paint was used, it was legal. When it was determined to be unsafe, it wasn't sold any more.

It's not the paint companies' fault if property owners and landlords didn't repaint or maintain their property. And why are the paint companies to blame if some parents let their kids eat paint chips? Aren't they supposed to be supervising them?

My sister and I grew up in the 1950s with no seat belts, cars with metal dashboards, lead paint, asbestos, etc. etc. And we are all here and healthy today. WHY? Because we lived in a well-maintained house and our parents SUPERVISED us.

Whatever happened to personal responsibility? You can't always blame your problems on someone else.

Personally, I think Whitehouse should pay the reimbursement himself.




Shame on them all said:

Cancer is rampant, and the kidney dialysis centers are overflowing.

If you knew that the paint you were applying to your home was fatally toxic, would you use it? I know I wouldn't. But none of us knew.

The paint manufacturers knew. The government knew. I have to wonder why they let it slide for so long before its usage was finally made illegal. Was it because they used to believe that it only affected house painters, immigrants fron another country with a different ethnic heritage about whom they couldn't care less? Did they only act upon it when it became apparent that the toxicity could and would affect THEM, and that no matter what they did, there was no avoiding it, as it was getting into the drinking water?




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