WEST VIRGINIA SUPREME COURT
Conditionally Upholds Verdict Requiring Dupont to Remediate Contaminated Properties and Implement a Medical Monitoring Program
On Friday, March 26, 2010, The West Virginia Supreme Court of Appeals issued its decision in the class action case of Perrine, et al. v. DuPont which was tried before a jury trial in the Circuit Court of Harrison County with Judge Bedell presiding.
In October 2007, a West Virginia jury found chemical giant, DuPont, Co., negligent of creating a toxic waste site in the town of Spelter, West Virginia. With over 5000 residents exposed to toxic chemicals including arsenic, lead, and cadmium, the jury awarded $55 million for property clean-up, $130 million for a medical monitoring program, and $196 million in punitive damages.
In addressing many issues raised on appeal, the West Virginia Supreme Court of Appeals upheld most of Judge Bedell’s rulings from the 2007 trial. With its decision, the Supreme Court sent the case back to Judge Bedell for a trial on the statute of limitations only stating that this is an issue for jury consideration. However, the West Virginia Supreme Court of Appeals did conditionally affirm the entire 2007 jury verdict, with the exception of the punitive damages which were reduced to roughly $98 million rather than the original award of $196 million.
Before the six-week trial in 2007, Judge Bedell ruled that the Plaintiffs had timely filed their lawsuit as a matter of law. If a new trial results in the statute of limitations being found favorably for the Plaintiffs once again, the 2007 jury award of $283 million will be upheld against DuPont.
Co-counsel for the Plaintiffs in the case of Perrine, et al. v. DuPont were Farrest Taylor (co-lead counsel), Joe Lane, Keith Givens, and Angela Mason with The Cochran Firm, attorneys from Pensacola based Levin Papantonio Law Firm, and attorneys from Kennedy & Madonna Law Firm in New York.
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