Thursday, September 29, 2011

Suit To Challenge Wisconsin View of What Constitutes Injury

By Duane Craig

 
Crestline Windows responsible for Wisconsin Contamination.
A product called Penta that was used at a former windows factory in Wausau, Wisconsin is being blamed for deaths and illnesses by people who lived near the factory, according to this report in WSAW.com.

From 1946 to 1986, the Crestline Windows factory made windows near the 3M plant at Thomas Street, and it used Penta in its operations at 910 Cleveland Ave. to treat wood products, according to this abstract in The Judicial Review. Penta has a number of chemicals in it "including dioxins, pentachlorophenol, and benzene." A lawsuit against the current owners of the Crestline property claims Penta was routinely spilled and dumped at the factory and contaminated the soil, water and air. In fact, removal wells have pulled more than 150,000 gallons of the chemical from groundwater since 1990. Those operations have been completed since no appreciable levels of Penta are being found anymore.

Over the years, six people have died and about 70 others claim to be suffering from a range of illnesses. The people worked at the factory or lived in the River Street neighborhood. Seventy-three of the 144 plaintiffs don't currently have any illnesses but they are asking for the costs of monitoring their health to be covered by the current owners of the site. The case is bound for the state's supreme court and could be a landmark case in Wisconsin by setting the precedent that people can get relief for the costs of monitoring their health after they have been exposed to dangerous chemicals. Other states already have taken up cases about medical monitoring claims with awards sometimes being made.



1 comment:

People Investigating Toxic Sites said...

It's possible the contamination in the River Street neighborhood was caused by chemicals in an old dumpsite adjacent to the homes. A 1963 USGS topographical map shows "Sewage Disposal" where the Wausau Wastewater Treatment Plant is currently operating at 435 Adrian Street. Wastewater treatment plants are often built on top of closed dumps (landfills). Research of previous land-use of the neighborhood needs to be done before assuming Crestline Windows is responsible for the contamination and illnesses in the River Street neighborhood.