Toxic Tort / Environmental Law Cases

Personal Injuries | Environmental
$22,000,000 Cash Settlement - June 2001

Morrell et al v. Honeywell f/k/a Personal Injuries/ Allied Chemical Co., U.S. District Court, Southern Dist. of GA. Environmental Lead Plaintiff Tony Morrell and over one-hundred former employees, who had worked at a chlor-alkali chemical plant in Glynn County, Georgia, were exposed to high levels of mercury, PCBs and other chemicals as a result of defective equipment, leaks and poor site management. Each plaintiff/employee was thoroughly examined by a neurologist who made specific findings regarding the effects of their exposure to mercury and other chemicals. After substantial discovery that lasted several years, extensive medical review, expert testimony, and multiple efforts to dismiss the case, the defendant, prior to trial, paid $22 million to resolve the workers' claims. The money was allocated among the workers by a special master, based on a matrix of court-ordered categories including the type of work, amount of exposure and objective medical findings.


INJUNCTION | Environmental Law/ Hazardous Waste

Hazardous Waste Facility. McCants, et al. v. Neely, et al., Superior Court of Taylor County, Georgia. Taylor County Commissioners' offer of Taylor County land to state of Georgia for hazardous waste facility declared null and void. State's acceptance of that offer declared null and void, and all actions pursuant to that offer enjoined, stopping hazardous waste facility in Taylor County.


Environmental Contamination
$25,000,000 Cash Settlement - 11/16/06

Glynn County Board of Commissioners v. Allied\Honeywell, Superior Court of Glynn County, Georgia. A settlement was obtained for Glynn County for environmental damages to nine parcels of county property, including a county-owned park on Blythe Island and portions of the historic Altamaha Canal. The southeast Georgia county sued Allied, now Honeywell, for thousands of pounds of mercury and PCB Aroclor 1268 discharged by Allied from its chlor-alkali chemical plant into the Turtle River and the adjacent marshes. In addition to the cash payment, Honeywell International, Inc. was also required to immediately commence efforts to pump and treat a large underground pool of caustic brine and other chemicals that leaked from its plant during operations there and that now endanger the groundwater and aquifers under the former chemical plant site.


Environmental Contamination
$25,000,000 Cash Settlement - 11/15/06

Flournoy, Owens, Ricks, et al. v. Allied\Honeywell, United States District Court, Southern District of Georgia, Brunswick Division. Settlement was obtained for the owners of approximately 240 marsh and river front properties in Glynn County, Georgia, that were contaminated with mercury and PCBs. Starting in 1956, Allied Chemical Co. (now Honeywell International, Inc.) discharged thousands of pounds of mercury and PCB Aroclor 1268 from its Brunswick chlor alkali plant into the Turtle River estuary and the marshes of Glynn. The area, adjacent to the Allied-LCP Superfund site, has seafood consumption advisories, and mercury and PCBs have been found in the water, sediments and in fish and shellfish throughout the area. The lawsuit, filed initially in 1995 and litigated for more than 10 years, sought damages for loss of the use and enjoyment of the property because of the widespread contamination and discharges from the chemical plant. A special master was appointed by the court to allocate the proceeds from the settlement among the various property owners.


Toxic Tort / Mesothelioma / Asbestos
$ 4,100,000 Cash Settlement

Plaintiff, a 49-year-old father of three was exposed to asbestos while working as an electrician in power plants since 1968. In 1998, he was diagnosed with mesothelioma, a form of cancer caused by exposure to asbestos.

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Environmental Law / Class Action/ Property Damage
Cash Settlement

Property damage class action for nuisance and trespass. This case was brought on behalf of the owners of 156 parcels of residential and commercial property in Glynn County, Georgia. Toxaphene, an insecticide manufactured by Hercules, Inc. and banned by EPA for use in the U.S., was found in adjacent neighborhood next to Hercules' chemical plant in Brunswick. Joiner, et al. v. Hercules, Inc., United States District Court, Southern District of Georgia, Brunswick Division. (4/2/97).


Hazardous Waste / Environmental Law Hazardous Waste Facility
Injunction

Taylor County Commissioners' okay of Taylor County land to state of Georgia for hazardous waste facility declared null and void. State's acceptance of that offer declared null and void, and all actions pursuant to that offer enjoined, stopping hazardous waste facility in Taylor County. McCants, et al. v. Neely, et al ., Superior Court of Taylor County, Georgia (2/10/88).


$700,000 | Private Nuisance - Blasting

Verdict. Smith v. Florida Rock, Superior Court of Muscogee County, Georgia. Blasting nuisance - $500,000 punitive damages. Defendant quarry knowingly and for years blasted rock onto plaintiffs' property causing loss of use and enjoyment of that property. Proved defendants did so to save money - more prudent blasting would increase production costs. (Settled after verdict)


$189,000 | Private Nuisance - Flooding

Verdict. Smith v. Columbus, Georgia, et al., State Court of Muscogee County, Georgia. Flooding nuisance, special damages of $23,000, balance of recovery was for loss of use and enjoyment. Held municipal corporation responsible for generally allowing unrestricted upstream development which increased flooding risk. (Verdict paid)


$565,000 | Private Nuisance Flooding

Verdict. Thompson v. Central of Georgia Railroad, - Ray M. Wright, Inc. and Columbus, Georgia Consolidated Government, State Court of Muscogee County, Georgia. $400,000 punitive damages against Defendant railroad and developers. Proved defendant developer caused increased runoff from upstream developments, defendant city allowed that unrestricted development, and defendant railroad failed to increase size of downstream culverts under tracts despite notice of flooding caused by inadequate culverts. (Settled after verdict).