After a nearly 11-year battle, 88 neighbors of the former General Electric Powerex facility will get their day in court, as their lawsuit against GE for drinking-water-well contamination is going to trial.
The case involves the alleged contamination of the plaintiffs’ drinking water by General Electric, which was discovered in 2000. The non-jury trial will begin on Monday, April 23, 2012 in New York State Supreme Court, Monroe County, before the Hon. Ann Marie Taddeo.
Eighty-eight people from 35 families who live or lived in the towns of Aurelius and Fleming began this case in June 2001, alleging negligence due to their well water being contaminated with trichloroethylene (TCE) — associated with kidney, liver and non-Hodgkin’s lymphoma, and other cancers — and vinyl chloride, a cause of liver cancer. Plaintiffs are claiming damages in excess of $10 million, including expenses associated with replacing their water supply and future expenses associated with a medical monitoring and surveillance program to provide screening and early detection of the cancers and other illnesses associated with TCE and vinyl chloride exposure. More…
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Hadley Matarazzo focuses her practice on toxic torts, environmental law, medical malpractice and product liability. A city of Rochester, N.Y. resident, she earned her law degree from the Rutgers University School of Law Newark and her bachelor’s degree from the University of Vermont.
Neighbors of GE Powerex plant finally to get their day in court, after a 10-year battle.
Town of Aurelius residents’ lawsuit against General Electric Co. for drinking-water-well contamination from its former Powerex facility will move forward, following an Appellate Court decision.
Their case originally was filed in June 2001 alleging negligence due to their well water being contaminated with trichloroethylene (TCE) — associated with kidney, liver and non-Hodgkin’s lymphoma, and other cancers — and vinyl chloride, a cause of liver cancer.
A punitive damages claim was based on documents showing that GE decided against conducting a survey of nearby drinking water wells once the contamination at the Powerex plant was first discovered in the late 1980s, in an attempt to avoid adverse publicity. Residents claimed that this caused them needless exposure for an additional 10 to 12 years and showed reckless disregard for their health and safety.
On July 8, 2011, the New York State Appellate Division, Fourth Department in Rochester affirmed Cayuga County Supreme Court Judge Thomas G. Leone’s earlier ruling denying GE’s motion to dismiss the case. The Appellate Court’s decision means that Baity, et al., v. General Electric Company will proceed as scheduled before Judge Leone in January 2012. More…