14 Colorado Plaintiffs Get $2.9 Million Damages, Medical Monitoring
Against Uranium Mill
Colorado
Case name and number: Norman Platt, et a1. v. Cotter
Uranium Corp., No. 91-Z-1861
Plaintiff(s)/Decedent(s): 14 Individuals living in Lincoln
Park, near Canon City, Colo.
Verdict(s): $1,460,408 compensatory damages, $1,460,408
punitive damages; medical monitoring, for all surviving plaintiffs,
Cotter held 100 percent responsible
(Text of Judgment in Section D. Mealey's Document #15-980925-104.)
Date: July 16
Court: D. Colo.
Judge: Zita Weinshienk
Defendant(s): Cotter Uranium Corp.
Claim: personal injuries and property damage
caused by heavy metal and radioactive uranium waste emissions
from a uranium ore processing plant.
Background: Cotter Uranium Corp. processed
uranium ore from 1959 to 1988 at a mill 1-1/2 to three miles from
plaintiffs' properties. The plaintiffs alleged Cotter negligently
failed to maintain and control its heavy metal and radioactive
uranium waste, polluting Lincoln Park and damaging plaintiffs'
properties. Plaintiffs alleged personal injuries -- including,
cancer death, degenerative arthritis, cataracts, birth defects,
aches and pains -- and future increased risk of disease. Plaintiffs
brought claims for trespass, negligence, medical monitoring and
punitive damages.
Defense: no negligence; any contamination
from the mill was not capable of injuring the plaintiffs; plaintiffs
suffered no personal injuries or property damages, no need for
medical monitoring, and no increased risk of future disease
Plaintiff Expert(s): Gale Biggs, Ph.D.,
meteorologist, Boulder, Colo.; Malin Dollinger, M.D. oncologist,
Santa Monica, Calif.; Wayne Hunsperger, real estate appraiser,
Denver; Richard Steimier, M.D., pathologist. Denver; Helen Woodard,
vocational rehabilitationist. Lakewood, Colo.; Patricia Pacey,
Ph.D., economist, Boulder; John Reif, Ph.D., epidemiologist, Fort
Collins, Colo.; Martyn Smith, Ph.D., toxicologist Berkeley, Calif.;
Michael Kelly, M.D., occupational health, Lansing, Mich..; Glen
Miller, geologist, Elizabeth, Colo.
Defense Expert(s): Gideon Koren, M.D., pediatrics,
Toronto; James Tate Thigpen, M.D., internal medicine, oncology,
Jackson, Miss.; John A. Auxier, Ph.D., CHP, health physics, Knoxville,
Tenn.; Philip A. Walravens, M.D., pediatrics, Denver; Mary Ann
Adams, M.S., vocational rehabilitation, Wheat Ridge, Colo.; Arthur
G. Starr, M.D., ophthalmologist, Denver; Leo M. Eisel, water engineer,
Denver; Bradford R. Miller, M.D., pediatrics and childhood neurology,
Denver; Jan Friedman, M.D., genetics, British Columbia, Stanley
Pier, Ph.D., chemistry and physics, Dallas; Roman Z. Pyrih, Ph.D.,
geochemistry, Denver; Geoffrey Richard Howe, Ph.D., epidemiology,
Columbia University, New York; Herbert Kaplan, M.D., internal
medicine, rheumatology, Denver; Adrian Brown, geohydrologist,
Denver; Thomas Fellows, real estate appraiser, Colorado Springs,
Colo.
Other: The 14 trial plaintiffs were selected from a
group of more than 60 plaintiffs, who include individuals, companies
and trusts that own property in the area. The remaining cases
are pending, and plaintiffs' counsel have filed a motion to set
the remaining cases for a single trial in February 1999, a motion
which Cotter will oppose, sources said.
Plaintiffs' motion for medical monitoring costs, statutory
prejudgment interest and costs is pending. The court, which will
determine the form and costs of medical monitoring, has asked
the parties for additional briefing on the issue, sources said,
although the judge has ruled that she will award medical monitoring
in the form of an escrow fund, rather than lump-sum payment as
requested by the plaintiffs. Cotter's motions for judgment as
a matter of law and new trial were denied Aug. 17.
Plaintiffs ranged in age from 10 to 78; one plaintiff, Dorothy
Platt, is deceased, and 3 plaintiffs are minors. Damage awards
for physical impairment or disfigurement ranged from $23,000 to
$254,000 per plaintiff. Damage awards for property damage/trespass
ranged from $3,850 to $49,000 per plaintiff. Punitive damage awards
ranged from $3,850 to $254,300 per plaintiff. Dorothy Platt's
estate was awarded $24,100.
A defense source said Cotter would appeal to the 10th Circuit
U.S. Court of Appeals, with the central basis of its appeal being
the judge's failure to fulfill her "gatekeeper" role
under Daubert and improperly allowing the jury to consider "junk
science." The trial judge denied Cotter's motions to exclude
under Daubert evidence of the plaintiffs' medical claims, the
source said.
A defense source said Cotter would also seek a stay of trial
in the remaining cases pending its appeal to the 10th Circuit.
Two nonparties listed on the verdict sheet, New Jersey Zinc
Smelter and Western Energy Power Co., were found not liable.
Plaintiff Attorney(s): Suzelle Smith and Katy Jacobs of Howarth
& Smith of Los Angeles; Rebecca Lorenz of Melat, Pressman,
Ezell & Higbie of Colorado Springs, Colo.
Defense Attorney(s): John L. Watson, Wm. David Byassee and
Marsha Piccone of Freeborn & Peters of Denver
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