A new PCB pollution lawsuit against Solutia Inc. has been filed in Calhoun County Circuit Court, and Monday morning, Circuit Judge Sam Monk ruled that it could not be class action.Earl Underwood, the lawyer who filed the suit on behalf of John and Linda Suggs and other local residents whose properties are contaminated with PCBs, said he might appeal Monk's ruling.
There are numerous other PCB pollution cases pending in state and federal courts in Alabama. Few of them are class action - meaning that anyone similarly situated could obtain damages.
Tort claims may involve people and properties with widely ranging levels of alleged contamination, and cannot be easily grouped as a class, Monk said.
"For class certification, you must be able to handle all of them at one time," the judge said.
Underwood's complaint, filed April 26, includes 15 counts ranging from the chemical company's alleged negligence in discharging PCBs to local waterways and failing to warn residents of the contamination. Other counts include infliction of emotional distress and battery and assault, by way of allowing toxic substances to enter plaintiffs' bodies.
"Assault and battery is an unwanted touching. You only get PCBs by physical contact of that sort," Underwood said.
Underwood, who has successfully sued fen-phen manufacturers on behalf of local residents, has already obtained PCB soil test results on six or eight properties, he said.
He said he initiated the PCB lawsuit after reading confidential Monsanto memos about PCB contamination on the Internet. "It's outrageous," he said.
Only residents who are not already involved in other legal proceedings against Solutia and parent company Monsanto Corp. can join the Suggs v. Solutia lawsuit, Underwood added.
Solutia attorneys could not be reached for comment Monday afternoon.
Hearing dates for the case have not been set, according to Monk.
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