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No. 125205
| Gary and Kathy Henry, et al., |
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Bruce F. Trogan (989) 781-2060 |
Plaintiffs-Appellees, |
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vs (Appeal from Ct of Appeals) |
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( Saginaw - Borrello, L.) |
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| Dow Chemical Company, |
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Barbara H. Erard (313) 223-3500 |
Defendant-Appellant. |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Chamber of Commerce of the United States, American Tort
Reform Association, National Association of Manufacturers,
American Chemistry Council, Coalition for Litigation Justice, Inc.,
and Property Casualty Insurers Association of America's Amici Curiae Brief>>
Ecology Center, American Public Health Association, Endometriosis
Association, American Lung Association of Michigan, Genesee County
Medical Society, Physicians for Social Responsibility, Science and
Environmental Health Network, Lone Tree Council, Public Interest Research
Group in Michigan, Sierra Club, and The Center for Civil Justice's Amici Curiae Brief>>
Michigan Manufacturers Association's Amicus Curiae Brief>>
Product Liability Advisory Council, Inc.'s Amicus Curiae Brief>>
The Defense Research Institute and the Michigan Defense Trial Counsel's Amicus Curiae Brief>>
Background
Dow Chemical has been sued by landowners and residents living on the flood plain of the Tittabawassee River , which the Michigan Department of Environmental Quality has found to be contaminated with dioxin. Dioxin is a toxic chemical that researchers have linked to various diseases, including cancer and immune system deficiencies. The plaintiffs claim that Dow Chemical is the source of the contamination. They seek class action status for all affected landowners and residents, and medical monitoring for all members of the class, even though they do not allege current physical injury or disease. Dow filed a motion for summary disposition, claiming that there is no cause of action in Michigan for such damages. The trial court denied the motion, interpreting the Supreme Court's decision in Meyerhoff v. Turner Construction , 456 Mich 933 (1998), as allowing the plaintiffs to develop a record for their claim. Dow asserts that Meyerhoff in fact bars the plaintiffs from maintaining their cause of action. The Court of Appeals denied Dow's application for leave to appeal. Dow appeals.
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