| Plaintiff not
surprised by Dow Chemical filing |
|
| Kathie Marchlewski , The Midland Daily News | 10/02/2003 |
| SAGINAW – Betty
Damore, whose dioxin-contaminated property has been labeled a "hazardous waste
facility" by the state, and who is one of many waiting to have blood tests taken by
the Michigan Department of Community Health to determine if the toxin exists in her body,
said she wasn’t surprised by The Dow Chemical Co.’s most recent court filing.
"Dow will continue to deny that it’s responsible," she said. The company, in an additional reply to a potential class-action suit that thus far includes about 300 residents of the Tittabawassee River flood plain, denies allegations that any health or property has been harmed by dioxin contamination. In the filing, Dow attorneys repeatedly state: "Dow denies as untrue the allegations that the presence of dioxin in the Tittabawassee River and flood plain poses a serious risk to plaintiffs and other residents of the flood plain. Dioxin found in soils and sediments is not generally available for significant exposure to people and, therefore, presents no significant health risk." The document goes on to say that "plaintiffs’ claimed injuries were caused in whole or in part by others," and that "any injury, damage or loss sustained by plaintiffs was proximately caused by and/or contributed to by their own negligence, carelessness, and/or omissions." The statements are frustrating, said Damore, who has been at recent community meetings hosted by the Michigan Department of Environmental Quality, where Dow spokespeople have detailed action plans for dealing with dioxin, promised to work with concerned communities, and acknowledged that the company is responsible for river contamination. "Out of one corner of their mouth they say there’s no health risk," Damore said. "Out of the other corner, they ask for more studies." Lead counsel for the plaintiffs Jan Helder said, "Dow’s position is both revealing and irresponsible." He said Dow’s denial of responsibility in the dioxin matter is similar to the tobacco industry’s historical denial of the risks of cigarette smoking. "Now that Dow has gone on record with this position, we hope that federal and state regulators will see the futility in continuing to try to work with Dow," Helder added. A Dow spokesman said work with the community regarding dioxin matters is separate from the legal issue. The statements blaming plaintiffs or others are a "legal standard" and typically included in the defense of cases such as this. |
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| İMidland Daily News 2003 | |
For additional articles like this one, go to the Tittabawasse River Watch web site www.trwnews.net for complete coverage of the Tittabawassee River Dow Chemical dioxin contamination saga. . The Newspaper / Media page of our site contains an extensive archive of media articles dating back to January 2002. The source organization's web site link is listed to the right of the article, visit often for other news in our area. The Newspaper / Media page may be accessed by scrolling down to the bottom of the CONTENTS section and clicking on the Newspaper/Media link.