10/09/2005
Plaintiffs involved in dioxin suit react to delay
Josh Grosteffon , Midland Daily News
http://www.ourmidland.com/site/news.cfm?newsid=15355800&BRD=2289&PAG=461&dept_id=472542&rfi=8
Some of the plaintiffs involved in
a class-action lawsuit against The Dow Chemical
Judge Leopold Borrello, Saginaw County Circuit Court, pushed his
announcement back to Oct. 21 at 11 a.m. on whether or not the certify the suit
as class-action.
Vito
Damore, who lives a quarter-mile from the
"It's
been such a long time already, another week isn't going to make a whole lot of
difference," he said.
He
has been involved with the case since the beginning.
Another
one of the original names on the lawsuit, Martha Stimpson,
a river resident, wasn't bothered either.
"I'm
not upset, the court is doing what it needs to do," she said.
"I
appreciate that Judge Borrello is taking his time, he
said he's doing it right the first time."
The
case has been delayed several times for several reasons, but Stimpson prefers that a decision is not rushed.
"I
wish it would go faster, but I understand the courts are very deliberate,"
Stimpson said. "I'm pleased that the court is
being careful in its actions."
"It
should all turn out in the end," she said.
A
lengthy suit
March
2003
*
Kathy and Gary Henry of Freeland, along with 24 other residents of the Tittabawassee River flood plain, file suit against The Dow
Chemical Co. seeking the value of their homes, which they believe have been
made worthless by dioxin contamination. They also seek the funding of a trust
that would monitor their health, now and in the future, for dioxin-related
effects.
June
2003
*
Saginaw County Circuit Court Judge Leopold Borrello
hears Dow and plaintiffs' arguments for the first time. By this time, the
number of plaintiffs in the suit has grown to more than 140.
August
2003
*
Judge Borrello streamlines the suit by removing
claims for trespass, strict liability and punitive damages. He allows
plaintiffs to proceed with claims for medical monitoring, nuisance and public
nuisance and negligence.
October
2003
*
Dow files a request with the Michigan Court of Appeals, requesting a review of Borrello's decision to allow the medical monitoring claim
to remain a claim in the suit. The court decides it will not hear the argument.
November
2003
*
A hearing to decide whether the suit should be granted class action
certification is moved to December.
December
2003
*
Dow files with the Michigan Supreme Court, requesting a review of Borrello's decision to allow the medical monitoring claim
to remain a claim in the suit.
*
A hearing to decide whether the suit should be granted class action
certification is moved to January.
January
2004
*
A hearing to decide whether the suit should be granted class action
certification is moved to February, then to April.
March
2004
*
A hearing to decide whether the suit should be granted class action
certification is moved to June.
June
2004
*
Less than a week before the Saginaw Circuit Court is scheduled to conduct a
hearing on the class action status of the case, the Supreme Court agrees to
hear Dow's appeal of the medical monitoring facet of the suit. It also ordered
circuit court proceedings to stop while the matter is under consideration.
The
stay order by the court marks the sixth delay of a class hearing.
October
2004
*
The Michigan Supreme Court hears plaintiffs argue that medical monitoring
should be able to be pursued in court and hears Dow's defense.
July
2005
*
The Michigan Supreme Court rules that medical monitoring is not an actionable
claim, that without injury there is no case. Plaintiffs cannot sue based on
potential, but not present, disease or injury. The property portion of the suit
is swung back in motion.
*
Howard and Barbara Steinmetz, residents of the
August
2005
*
Saginaw County Circuit Court Judge Leopold Borrello
sets Sept. 15 as the date for hearings on class certification.
September
2005
*
Borrello hears arguments on class status as
scheduled. A decision was expected by Oct. 11
October
2005
*
Borrello delays his decision until Oct. 21.