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Jury Finds DuPont Caused Illnesses Of 2 New Jersey Women
Business Brokerage A jury found today that the DuPont Company had caused the illnesses of two women who grew up near the company's shuttered, polluted explosives plant in Pompton Lakes. But the jury was deadlocked over how much money to award them in damages.
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Forex Broker In addition, the 14-member panel in New Jersey Superior Court here rejected the case of a third woman who had sued DuPont along with the others, and was unable to agree on the claims of a fourth.
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Online Brokerage The mixed decisions were the principal elements of a partial verdict the jury returned after deliberating for nine days in a trial that started in mid-April. Jurors resumed their deliberations today after the partial verdict, but it was not clear if they would be able to end an impasse on several unresolved issues, including compensatory damages for the two women whom they agreed that DuPont had harmed: Helen Maikath, 44, and Colleen Dunkerly, 42.
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Real Estate Broker The presiding judge, Frank M. Donato, has barred the jury from considering punitive damages because he said there was not enough proof that DuPont had caused the pollution maliciously.
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Agency Brokerage Spark Before delivering the partial decision, the jury told the judge in a note that more deliberations on the undecided issues would not be helpful.
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Business Broker One of DuPont's lawyers, John Dwyer, objected to the judge's order for more deliberations and asked for a mistrial, arguing that the jury had said three times since Monday that it was deadlocked on many issues.
Brokerage Account Mr. Dwyer said he wanted the jury dismissed and the trial concluded after the partial decision was returned. He said further verdicts from extra deliberations would amount to "compromised, forced" decisions that would not honestly reflect the jury's views.
Stock Broker Judge Donato rejected the mistrial motion and sided with lawyers for the plaintiffs, saying he saw no harm in more deliberations.
Brokerage Online Stock Trading Ms. Maikath and Ms. Dunkerly are among about 1,600 past and present residents of Pompton Lakes, a three-square-mile suburban community of nearly 11,000 people, who sued E. I. du Pont de Nemours & Company in 1997 over pollution at the old plant. They contended that widespread health problems were caused by the release of mercury, lead and organic chemicals from solvents used at the plant into the groundwater. The company has acknowledged contaminating a creek on its property, a nearby river and groundwater, but rejectscontentions that the contamination caused any illnesses.
Broker Justin Ticket Several months before the suit was filed, in an out-of-court settlement, DuPont paid $38.5 million to 427 residents of a company housing complex next to the plant's 600-acre site. Most of them were employees at the plant, which operated from 1902 to 1994 and produced blasting caps and fuses for military and commercial use.
Real Estate Brokerage The current trial involves 10 people whom Judge Donato chose randomly from among the 1,600 plaintiffs. A trial for the others is tentatively scheduled for later this year or early next year.
Commodity Broker In an unusual practice, the judge and lawyers for both sides agreed to allow 14 jurors to hear the case, rather than the customary 6 who sit in civil cases. At least 12 of the 14 must agree on any issue.
Brokerage House By Robert Hanley
New York Times - 6/5/2002
Topic: Toxics
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