Woburn Case Summary

SUMMARY OF “A CIVIL ACTION”

Woburn is a small town in Massachusetts which their local drinking water were contaminated with several carcinogens as a result of Industrial pollution. It all started late in 60’s to early 70’s where up to 12 cases of children were afflicted with leukemia. This led to a group of parents of children who were affected by this life-threatening illness to seek justice for causes of the the epidemic and to bring anyone or company involve to book . They consulted an injury lawyer in Boston in person of Jan Schlihtmann who took up the case which had once been neglected after he discovered the defendant are deep pockets company.
Jan filed a complaint against Beatrice Foods and W.R. Grace company claiming they were

responsible for the pollution of the local wells that lead to untimely death of children in Woburn. William Cheeseman represented the W.R. Grace Co., while Jerome Facher stood for Beatice Foods. Both lawyers are skilled lawyers in Boston. William Cheeseman tried to impede the case at the pre-trial hearing by raising a motion that Jan doesn’t have enough proof to take the case to the Jury but The Judge in person of Skinner……… denied the motion.
The trial began at the court of law but Jan doesn’t have enough document and evidence to back up the case which made him hire experts in different field to back up his motion of the case. The firm spent a lot to achieve this and had to borrow from different credit card to finance the case. It got to a point that his phone got disconnected because he couldn’t meet up with his bills and he’s car was repossessed. He consulted other lawyers about the case which raised he’s hope that he could get hundreds of million if he win’s the case meanwhile the defendant companies were ready to pay over twenty million to settle out of court. The Companies also spent a lot on experts to counter Jan’s expertise and it got to a point that Jugde had to summon a pri-trial and told Jan to prepare a settlement demand but based on Jan high hopes,he’s demands were too much for the companies to meet which made the representatives walked away.
The case kept dragging and Jan could no longer further the case anymore and met with the Judge to give the companies chance to settle the case . The judge agreed and the company came up with offer of 8million which Jan’s firm has no choice than to accept because debt has eaten into their bone marrow.
The money was divided among the families, paid off expenses incurred during the case and the remaining part of the money goes to Jan as legal fees.

The Environmental protection agency later filed a law suit against the companies demanding 69million clean up charges which both company agreed to pay .Jan Schlictmann eventually filled for bankruptcy of $1.2m

THEME : NEGLIGIENCE TORT
Negligience is the major key to be considered. Most businesses only care about profit and neglect the hazard they pose on the environment. The two companies were making so much money that it wouldn’t cost a lot to clean up considering the profit they make. They eventually paid $69million but what about the destiny that has been destroyed because of their negligence. They knew dumping of these chemicals was polluting the local water and causing life threatening health issues but they never cared.
In addition, this type of negligence is also associated with the Niger Delta part of Nigeria where most of the petroleum Industries are performing there operations. Oil spillage is a major problem in this area causing environmental and ecological hazard for the people in this area but the Industries and the government fails to compensate them.
In everything we do,let us always ask ourself this ethical questions:
Is it the truth?
Is it fair to all

concerned?
Will it build goodwill and better friendship?
Will it be beneficial to all concerned?