Behr Dayton accused of polluting groundwater
Attorney for plaintiffs says residents seeking compensation for lost value of homes, plus medical assurances.
Thursday, September 04, 2008
DAYTON — Two civil lawsuits accusing Behr Dayton Thermal Products and other companies of polluting groundwater in the McCook Field neighborhood and seeking class-action status have been filed in Montgomery County Common Pleas Court.
The most recent lawsuit, filed Tuesday, Sept. 2, names three Taylor Street residents as plaintiffs, and lists Chrysler, LLC; Behr Dayton Thermal Products, LLC; Behr Dayton Thermal Plant, LLC; and Behr America, Inc. as defendants.
The other lawsuit, filed Aug. 11, accuses Behr and five other companies — Chrysler Motors LLC; Gem City Chemicals, Inc.; DAP, Inc.; Gayston Corp.; and Aramark Uniform & Career Apparel, Inc. — of polluting groundwater with trichloroethylene (TCE) and other volatile organic compounds, and causing health problems: male breast cancer, lesions, neuropathy, headaches, kidney infections, shortness of breath and sleep apnea, among others.
Named as plaintiffs are 37 residents near the Behr plant at 1600 Webster St.
Attorney Douglas Brannon, who filed the Aug. 11 suit, said residents want compensation for the lost value of homes and assurances that any medical conditions because of the contamination will be addressed.
"Their homes are not worth what they were when they bought them and they are sitting over a toxic waste dump," Brannon said.
Anne Valentine, whose Columbus firm filed the more recent lawsuit, called the situation a "significant and growing environmental disaster" at a press conference Tuesday.
Mike Pierce, of 725 Taylor St., said he and wife Jennifer fear the plume has hurt the value of their home, and potentially the health of their three children, ages 9 to 19.
The Pierces this year had a vapor abatement system installed, but spent past winters "locked up with all doors and windows closed," he said.
Each lawsuit seeks damages in excess of $25,000.
Behr spokeswoman Indira Sadikovic on Friday said Behr is working to fix the problems.
"When Behr acquired Dayton Thermal in 2002, Daimler Chrysler (had begun) remediation at the site," she said.
"Behr is cooperating fully with all involved parties by providing necessary assistance and access to the site. We have received the lawsuit, our legal representatives are studying it, but for obvious reason at this time we have no comment," she said.
A spokesman for Gem City Chemical said the company had no immediate comment. Other companies did not return requests for comment.


