ANOTHER VICTORY FOR PLAINTIFFS IN PFOA CASE
Williams Cedar is one of the firms representing plaintiffs in Burdick v. Tonoga, Inc., a class action arising from the contamination of private and municipal drinking water wells with the dangerous chemical known as PFOA or “C8”. Plaintiffs allege that the defendant, formerly known as Taconic, caused the pollution of drinking water in Petersburgh, New York. They charge that the company, which produced fabric coated with water resistant materials containing PFOA, improperly discharged the chemical-causing chemical for decades.
The New York Supreme Court in Rensselaer County certified the case as a class action, permitting affected residents to seek damages for loss of property value and loss of the quiet enjoyment of their homes in addition to the costs of medical monitoring to detect and permit timely treatment of illnesses caused by the contamination. Tonoga appealed the decision to an intermediate appeals court, but plaintiffs won. Tonoga then sought leave to appeal the decision to the Court of Appeals, the highest court in New York. On February 6, 2020, the Appellate Division for the Third Department denied defendant’s request. This likely means that plaintiffs’ case will proceed to trial on a class basis, and the court has scheduled a conference to set a trial date.
PFOA has been found at dangerous levels in drinking water supplies throughout the nation, and especially in New York, New Jersey and Pennsylvania. Williams Cedar represents hundreds of residents in those areas, whose air and water have been affected by PFOA contamination caused by the negligence and the wrongdoing by the chemical’s manufactures and industrial users. If you or your property have been harmed by PFOA, you should contact an attorney of your choice to consult with you regarding your legal rights. The experienced toxic tort attorneys of Williams Cedar stand ready to help.