Dead child worth least of all
Schlichtmann received a call from Anne Anderson because her son died
12 deaths from leukemia >> 8 are children
Water from two city wells are contaminated by TCE
Case was kicked from firm to firm
It’s a hard case because it is most likely unproven
Apology from “who?” >> the defendant is sure to have some professionals >> case might not be winnable
Beatrice and WR Grace are the perpetrators
Lawsuits begin with the complaint
Will Cheeseman: lawyer for WR Grace
Jerome Facher: lawyer for Beatrice
Charges in the complaint: negligence, conscious pain and suffering, wrongful death
Rule 11: civil law suits
Facher: knock a guy down, knock him in a way that he can’t get up again
“it’s about this…-showing pictures of little kids-
Walter J. Skinner: judge
MOTION: cheesman (motion to dismiss): schmn. Had no evidence >> no real investigation >> no research
RULE 11 is a nonissue because it’s so old
Team of geologist and engineers are needed to show if the wells are actually contaminated
6 barrels were found in the back, in a pit
Solvent…in barrels
They get dumped out back, in the ground (witness)
Immune system of kids: tore down to nothing
He was doing well, and he looked fine…it was abrupt
Facher: “these people can never testify”
Silicon and TCE are used to waterproof leather
Silicon is poured on…so some of the spill will fall off of the ground
50 more barrels that city inspector didn’t find
“dump it out there in the gulley”
Or dump it in a ditch
Pour it into a pit
Dump it into the swimming pool
Lawsuit: compel the others to settle
Schmann wants 25 mil cash…and another 25 mil to establish a research foundation to establish link between chemicals and illness…1.5 mil annually for families for 30 years
Facher claims that Schmnn wants money
Geological evidence has to come first; there needs to be proof that the chemicals reach the wells first before the parents of victims can testify
The