Sorry if you were not able to link to yesterdays posting. Here's the story.
MIchelle Hurd Riddick
Appeals Court will not hear Dow case
| So far the courts don’t agree with The Dow Chemical Co. concerning health monitoring of Tittabawassee riverfront property owners concerned about potential dioxin exposure.|
The Michigan Court of Appeals has decided to not hear Dow’s request for review of the Saginaw County Circuit Court decision on the health monitoring issue. The people suing Dow want the company to fund a trust to monitor their health now and in the future.
The suit was filed in March after the Michigan Department of Environmental Quality labeled riverside properties as hazardous waste facilities contaminated with dioxin deposited by Dow.
The appellate decision is not a surprise, said Dow spokesman Scot Wheeler.
"It doesn't affect in any way our belief that we will ultimately prevail on this claim," he said.
Dow attorneys say no court in Michigan has recognized medical monitoring as a valid claim. They insist that compensation can only be sought for injuries that exist, not for those that might occur later.
"There still is no viable Michigan law that recognizes the claim," Wheeler said.
Dow now will take the issue to the next level – to the Supreme Court, Wheeler said.
Saginaw County Circuit Court Judge Leopold Borrello disagreed with Dow’s argument in August when he said that while Michigan law doesn’t allow such a claim, it doesn’t disallow it either. No record has been developed, and plaintiffs should be given the opportunity, he said.
Plaintiffs’ attorneys agree and add that the appellate and Supreme Court reviews of the matter were intentionally left unsettled.
"It’s never been specifically addressed," said Jan Helder, now representing 280 plaintiffs who have joined the suit.
|©Midland Daily News 2003 |