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Tucson-Area Water Contamination Victims Win Arizona Appeals Court Ruling; Appellate Decision Could Clear Way for $35 Million Payout to 1,618 Residents
Thursday September 30, 5:32 pm ET
TUCSON, Ariz., Sept. 30 /PRNewswire/ -- The following was released today by Baron & Budd, P.C.:
A three-judge panel of the Arizona Court of Appeals, Division Two, has ruled that an insurer for the City of Tucson will likely have to pay the cost of a $35 million settlement to 1,618 area residents who say they were made sick by contaminated drinking water.
In June 1989, residents reached a settlement agreement with the City of Tucson and the Tucson Airport Authority based on the contamination of groundwater near their homes through the migration of a toxic chemical called trichloroethylene or TCE. Classified as a probable human carcinogen by the U.S. government, TCE was used to clean airplanes in the area from the mid-1940s through the early 1950s.
The insurer for the city and the airport authority, Associated Aviation Underwriters (AAU), claimed during a two-phase trial in Pima County Superior Court that its policy did not cover the types of toxic chemical injuries asserted by the residents. Lawyers for AAU also argued that the settlement amount was unreasonable. Both claims were rejected at trial, and AAU appealed to the Arizona Court of Appeals. Steve Baughman Jensen, an attorney for the residents, said that although the appeal directly involved only 17 of 1,618 total claimants, the ruling will probably be later applied to the other 1,600 cases.
"We are thrilled that we finally may be seeing light at the end of the tunnel," says Jensen. "This ruling also is significant because, for the first time in Arizona, an appeals court is recognizing that the damage caused by toxic exposure is actually an 'injury' that should be covered by insurance."
Specifically, the appellate court ruled that the physical damage caused by TCE exposure and the continuing "injurious process" initiated by TCE exposure create a "bodily injury" that triggers insurance liability.
In the same ruling, the Court of Appeals also reversed a trial court ruling that residents were not entitled to financial compensation because they hadn't specifically asked for it. The 1989 settlement provides for individual payments to residents ranging from $13,000 to $50,000. With interest, the total amount of the judgments for the 1,618 residents could exceed $75 million.
The Court of Appeals remanded to the Superior Court of Pima County for final disposition, but AAU may first ask the Arizona Supreme Court to review the Court of Appeals' ruling.
Since 1977, the law firm of Baron & Budd, P.C. has championed the rights of people and communities harmed by corporate misconduct. With over 70 attorneys and offices in Texas, Illinois, Ohio, Louisiana, and New York, Baron & Budd enjoys a national reputation as a leader of the plaintiffs' bar. The firm represents individuals with mesothelioma and other diseases caused by asbestos; leukemia caused by benzene; injuries caused by other toxic substances and unsafe pharmaceuticals; water authorities seeking clean-up costs for drinking water contamination; securities investors defrauded by corporate wrongdoing; and consumers in class actions. For more information, please call 1-800-222-2766 or visit http://www.baronandbudd.com . For more information on water contamination litigation, visit http://www.thewaterlawyers.com .
Washougal police chief steps down
Friday, October 1, 2004
By DEAN BAKER, Columbian staff writer
WASHOUGAL - Shuffling papers on his last full day on the job, Police Chief Robert Garwood on Thursday put the finishing touches on next year's police department budget. It'll probably be slightly more than this year's $1.5 million, he said.
As soon as he gets his paperwork done, Garwood, 52, plans to step down today after 11 years as chief of the department, which includes 14 officers, two secretaries and 10 reserves. He'll take three months' vacation time, then officially retire Dec. 31.
Taking Garwood's place as interim chief will be Detective Sgt. Brad Chicks, 45, who has applied to fill the job permanently. His application is among 20 The Oldani Group of Bellevue is examining on a $23,500 contract with the city to find Garwood's successor. A new chief is to be sworn in by Jan. 1, officials said.
Garwood, who started his career as a cop with five years on the White Salmon Police Department beginning in 1978, joined the then five-member Washougal Police Department in June 1983. That was just six months after the city took over law enforcement responsibility from the Clark County sheriff.
Then, the city's population was 3,000; now it's 10,770.
"Big change," Garwood said Thursday, shaking his head.
He's leaving his $80,400-a-year job to retire to the new house he and his wife, Nina, are building on three acres in the woods at Trout Lake. Their three children Steve, 27, Jason, 22, and Jessie, 19 no longer live at home.
Garwood plans to develop his outdoor photography, ski, fish, hike, hunt and camp in the woods and tour around the state of Washington, he said.
He also wants to spend time with his aging parents in White Salmon.
"I think it's my turn to kind of help out," he said.
Garwood recalled that he first came to town as a baseball pitcher and outfielder from rival White Salmon High School.
As police chief, he's handled tough situations, such as the case of Washougal Police Officer Robert E. Ritchie, who was disciplined for using a Taser improperly on Russian immigrant Olga Rybak.
But, he said, a high point was getting the department established in its new $1.7-million, 7,520-square-foot building and moving out of the old, cramped, 1,400-square-foot building it shared with the fire department.
"The good news now is that we haven't had any officers severely injured or killed. That's always been the biggest fear I had. We've had cases of encounters between officers and the public that were not pleasant. We've had four homicides since I've been chief. But we got convictions on all of those."
He also said he values a good relationship with the staff.
"I've thoroughly enjoyed working with the chief since I've been here," said City Administrator Nabiel Shawa.
"From everything I've seen in the six months I've been here, the man has run a wonderful department. His officers are happy. They respect him. I love it how he's always upbeat, always has a joke."
Monty Anderson, the city planning director, described Garwood as one of the city's greatest assets.
"He's been not only a friend and colleague that I respect, but a confidante, too."
Garwood said his resolve to retire early got a big boost four years ago when he had five surgeries for gall bladder and bowel problems, and then had a cancer scare that proved false. Doctors initially thought he had mesothelioma, cancer of the body cavities. The actor Steve McQueen died of the disease in 1980. But, after administering chemotherapy, the doctors found Garwood didn't have cancer.
He said he could have retired then for medical reasons, but decided to come back to work. Now, he said, his health is excellent.
Garwood said he has no regrets about his law enforcement career, his goal since he attended Yakima Valley Community College for two years in the early 1970s. He worked three years for his dad, an oil distributor, but then picked up a badge.
"It's been a good run," he said.
Continue with:
CASTLETON-Crossing the buckling floor of a cavernous warehouse, Andrew Confortini of the federal Environmental Protection Agency said that the more answers he finds at the abandoned Fort Orange Paper plant, the more questions pop up.
SAN FRANCISCO (CBS.MW) -- You know paid search has really come of age when a day after Merck recalls its arthritis and painkiller Vioxx drug, class-action lawyers instantaneously begin bidding for the term "Vioxx" on paid-search engines.
Asbestos sides find common ground
By Elisabeth Sexton
October 2, 2004
Talks on future asbestos compensation are off to a good start, with the chairman of James Hardie, Meredith Hellicar, and the union chief Greg Combet saying progress has been made.
A dynasty waits for the dust to settle
October 2, 2004
Former chairman John Reid was the third generation of his family to run James Hardie. He remains a major shareholder.
Photo: Belinda Pratten
Unions hopeful of new deal for asbestos victims
October 1, 2004 - 4:08PM
Optimistism grew today of an agreement with James Hardie Industries about the best way to compensate asbestos victims.
James Hardie continues talks
October 1, 2004 - 1:19PM
James Hardie Industries is continuing talks with the ACTU and representatives of asbestos victims about how James Hardie will fund its outstanding and future liabilities to victims.
Asbestos death toll rises again
October 1, 2004 00:03
TRAGIC deaths from killer building material asbestos continue to blight families across the country.
Every day, more and more people die from a cancer brought on by exposure to asbestos many years ago and their families are left devastated by a disease that destroys these once healthy and happy people.
Asbestos death toll rises again
October 1, 2004 00:03
TRAGIC deaths from killer building material asbestos continue to blight families across the country.
James Hardie to meet unions
01oct04
JAMES Hardie Industries will today sit down with union officials for the first time to begin discussions about the best way to compensate the company's asbestos victims.
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