Today, the three defendants in the Rhode Island (RI) lead paint trial argued in front of Judge Michael Silverstein against the imposition of punitive damages via two strategies. The three defendants are Sherwin-Williams, NL Industries and Millennium Holdings. Charges against Atlantic Richfield were dismissed by the jury last Wednesday.
As reported by PROVIDENCE JOURNAL's Peter Lord, one argument centered around RI case law. According to the defendants, RI case law stipulates that punitive damages only apply to situations in which there was reckless or willful conduct that could be ruled as "criminal behavior." The evidence in the trial did not show that. Also, in his instructions to the jury, Judge Silverstein said that negligence or unlawful activity was not necessary to rule the conduct of the defendants as substantially contributing to a public nuisance.
The second strategy played out again the defense's assertion that "times were different" in pre-1978 business before lead paint was banned. During the early and mid 20th century, there were not the standards of corporate social responsibility (CSR) demanded now, particularly the expectation that companies will be proactive in identifying potential hazards to health. Also, government wasn't proactive either in flagging many public health issues. Such government viligence really began with the environmental movement in the 1970s. (Shouldn't the federal and state government be also sued?)
Tomorrow the state will present its arguments why punitive damages should be imposed on the three defendants in addition to the costs of clean-up of the vestiges of lead paint in RI buildings. Judge Silverstein will determine what approach should be used in the clean-up, that is, lead-safe or lead-free and how much money should be required for that.
This R.I. lead case is obviously another political attempted to capture votes!! I smell an R.I. election coming up. If this Judge had done his legal homework he would have and should have put a stop to this case a week after it started, or sooner. I'm not a legal beagle, however it took me less than hour to find this reference. Please read link: http://www.leadlawsuits.com/index.php?s=pageB Also there are many web sights pertaining to the lead industry as well as the the pollution caused from lead additives used in what president Bush has called our addiction. That would be GAS!! With that said I offer you another reference http://www.epa.gov/air/urbanair/lead/index.html With Lead in the air and seemingly everywhere how than can anyone with half a brain left from this horrible pollutant point a finger at any one industry. I rest my lead case! Common$Cents.
Posted by: Common$Cents | February 28, 2006 at 02:42 PM