DuPont trial begins in federal court

By KENNETH HART
The Independent

ASHLAND July 02, 2009 12:10 am

— Trial is under way in U.S. District Court here in a massive civil lawsuit against chemical giant DuPont stemming from a 2004 release at the company’s Wurtland plant.
Jury selection in the case was Friday, and the 10-member jury panel heard opening arguments in the case on Monday.
The suit — which is actually a consolidation of several actions filed against DuPont following the Oct. 11, 2004, spill — is being tried in four phases. The first phase is scheduled to last three weeks.
The total number of plaintiffs in the combined suit is roughly 175. They claim they have suffered health problems because of the release of the spill. A number of the plaintiffs are police officers, firefighters and other emergency personnel who responded to the scene when the leak occurred.
The leak, caused by a cracked pipe at the Wurtland facility, resulted in the release of sulfur trioxide, a chemical that formed billowing white clouds composed of droplets of sulfuric acid, which covered much of Wurtland, Worthington and Greenup.
Specific health problems plaintiffs claim they suffered because of exposure to the chemical clouds include skin irritation, respiratory problems, burs, eye irritation, impairment of taste and smell, persistent headaches and others.
The plaintiffs allege negligence and malice on DuPont’s part for allowing the leak to occur in the first place and for failing to notify those in imminent danger.
DuPont has denied responsibility for many of the injuries claimed by the plaintiffs.
The first phase of the trial involves a representative group of six plaintiffs — three of whom were selected by the plaintiffs and three by the defendants. Judge David L. Bunning has granted each side 30 hours to present its case.
The trial is scheduled to conclude by July 15, according to the timetable laid out in court documents.
On Tuesday, Bunning denied DuPont’s attorneys’ motion for a mistrial on the basis of one of the plaintiffs entering the courtroom during the plaintiff’s attorney’s opening statement. The plaintiff coming into the courtroom violated a separation order, which barred all witnesses from the courtroom except when they are testifying.
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.