Columbus drops lead paint lawsuit
http://www.boston.com/news/local/rhode_island/arti [2008-7-17]
Tag : paint pigment
COLUMBUS, Ohio— The city has dropped a lawsuit against Sherwin-Williams Co. and other companies that once made lead paint.
The state of Ohio, the only other state that sued, still plans tocontinue with its lawsuit, said Jim Gravelle, a spokesman for theattorney general's office.
Last week's decision by the Rhode Island Supreme Court overturninga landmark jury verdict that found three former lead paintcompanies responsible for creating a public nuisance took away thebasis for suing, Assistant City Attorney Glenn Redick saidWednesday.
The city withdrew its lawsuit Tuesday in Franklin County CommonPleas Court.
Rhode Island was the first state to successfully sue former makersof lead pigment and paint, which can cause learning disabilities,brain damage and other health problems in children. A jury in 2006found Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC liable for creating a public nuisanceby manufacturing a toxic product.
The state Supreme Court, however, said the lawsuit should have beendismissed at the outset.
Columbus had been the last Ohio city with a case pending againstpaint companies. Other cities, including Akron and Canton, droppedtheir lawsuits.
"The lawsuit was legally and factually wrong in suing companiesthat lawfully made products that the city, painters and consumersdemanded historically as the best on the market," said Charles H.Moellenberg Jr., an attorney who represents Cleveland-basedSherwin-Williams.
COLUMBUS, Ohio— The city has dropped a lawsuit against Sherwin-Williams Co. and other companies that once made lead paint.
The state of Ohio, the only other state that sued, still plans tocontinue with its lawsuit, said Jim Gravelle, a spokesman for theattorney general's office.
Last week's decision by the Rhode Island Supreme Court overturninga landmark jury verdict that found three former lead paintcompanies responsible for creating a public nuisance took away thebasis for suing, Assistant City Attorney Glenn Redick saidWednesday.
The city withdrew its lawsuit Tuesday in Franklin County CommonPleas Court.
Rhode Island was the first state to successfully sue former makersof lead pigment and paint, which can cause learning disabilities,brain damage and other health problems in children. A jury in 2006found Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC liable for creating a public nuisanceby manufacturing a toxic product.
The state Supreme Court, however, said the lawsuit should have beendismissed at the outset.
Columbus had been the last Ohio city with a case pending againstpaint companies. Other cities, including Akron and Canton, droppedtheir lawsuits.
"The lawsuit was legally and factually wrong in suing companiesthat lawfully made products that the city, painters and consumersdemanded historically as the best on the market," said Charles H.Moellenberg Jr., an attorney who represents Cleveland-basedSherwin-Williams.
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