Court of Appeal Sustains Judgment on Lead Paint Affecting Children Against Top Companies Including Sherwin-Williams, Co-Lead Counsel Mary Alexander of San Francisco Hails Verdict
SAN FRANCISCO, Nov. 15, 2017 /PRNewswire-USNewswire/ -- Mary Alexander, San Francisco victims' rights attorney, is hailing the decision by the California Court of Appeals sustaining a judgment ordering top lead paint companies including Sherwin-Williams, NL Industries, and ConAgra to pay into a fund to be used to remove the lead potentially dangerous to children in hundreds of thousands of homes in ten cities and counties in California. Alexander stated that the verdict came after 17 years of litigation and trial.
The ruling upheld the existence of the nuisance as to pre-1951 homes, overturned it as to homes built between 1951-1980, and remanded the case to trial court for further proceedings to limit the $1.15 billion abatement fund to an amount sufficient to address the problems lead paint poses in pre-1951 housing. The amount will be determined in court.
In San Francisco, over two thirds (68 percent) of homes were built before 1950, which is more than 235,000 residential units. At least 22,000 housing units in San Francisco that are occupied by low and moderate income families are believed to have lead-based paint hazards.
For her work on the case, in April 2014, Alexander, the former President of the Association of Trial Lawyers of America (now called the Association for American Justice), was named San Francisco Trial Lawyer of the Year, together with her other co-counsel and legal team in the case. The honor was bestowed by the San Francisco Trial Lawyers Association and its Public Justice Case Evaluation Committee. Members of the winning legal team also honored were Joseph Cotchett, Nancy Fineman and Brian Schnarr. The criteria selection for the award emphasized a case's impact and size, establishment of precedent, and time involved in litigating.
The California Court of Appeal, Sixth Appellate District, which heard the appeal, agreed with the plaintiffs, as represented by Alexander and team, that "Childhood lead poisoning at the level at which it is occurring is definitely an epidemic in California." In addition, "The most common source of lead exposure to children in California is lead-based paint and how it contributes to soil and dust contamination in and around housing."
Judge James P. Kleinberg had said that lead in paint, for which there is no safe level of exposure for children, results in "thousands of children presently and potentially victimized by this chemical." The counties are San Francisco, Alameda, San Mateo, Santa Clara, Los Angeles, Monterey, Solano, Ventura, and the cities are Oakland and San Diego.
Mary Alexander, an attorney who tried the case for the cities and counties said, "This verdict will prevent lead poisoning of children from paint in their homes. It is a great victory for the people of California." She added, "This decision holds the companies accountable for promoting and selling lead paint for use in homes despite knowing, as far back as the 1890's, that it was highly toxic, especially to young children. This landmark decision establishes important legal precedents and recognizes the manufacturers must be held responsible and pay to clean up the hazard they created in homes," she said.
The Judge originally ordered Sherwin-Williams, ConAgra and NL Industries, formerly known as the National Lead Co., to pay $1.15 billion to establish a fund that the state will administer to remove lead paint from the homes in the 10 cities and counties.
Alexander explained that "each year, thousands of children under six years of age, are lead poisoned, most of them exposed to lead through lead paint in their homes. Lead paint deteriorates over time leaving paint chips and dust that gets on floors, window sills and toys to which young children are exposed. Lead poisoning causes damage to the brain and nervous systems of children and it is permanent and irreversible. The impact is particularly great in minorities and children living in poor housing."
Alexander cited an internal industry document by Sherwin Williams in 1900 which described the paint ingredient white lead as a "deadly cumulative poison". In 1909, a California Supreme case held that ConAgra was responsible for lead poisoning employees in its own lead plant. "Despite this knowledge the companies continued to promote the sale of lead paint in the California cities and counties," Alexander stated.
(Alexander was hired by County of San Francisco in early 2001 to represent them in the lawsuit. Later other counties came in and the attorneys had a joint agreement to represent all of the entities. Alexander was also involved in the appeals and litigation including 40 depositions. At the trial, she put on key expert medical witnesses on lead health effects. She also put on county employees including a county medical officer. She cross examined Sherwin Williams' expert and obtained admissions. She was one of the lead trial lawyers and noted that "It was a team effort.")
The Court of Appeal, 6th Appellate District Case number is H040880, and the Superior Court of Santa County Case Number is CV788657
Media wishing more information or to speak with Ms Alexander may contact: Bob Weiner 301-283-0821, cell 202-306-1200; [email protected]
Contact: Bob Weiner 301-283-0821 cell 202-306-1200; [email protected]
SOURCE Robert Weiner Associates and Mary Alexander & Associates, P.C.
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