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State ex rel Lynch v. Lead Industries Association6/3/2005
ings found ... throughout the State is the creation of a public nuisance. That is to say that defendants, (jointly and/or severally), are subject to liability for such nuisance if caused by their activity (production and/or sale of such pigment), or by an activity in which they participated to a substantial extent, and if a result of such activity is an unreasonable interference with a right common to the general public, either through injury or harm, or the threat of the same."
The Wisconsin case which used similar language to that quoted immediately above was also decided on November 9, 2004.
This Court notes that procedurally the case at bar is before it on summary judgment proceedings seemingly more like the City of Milwaukee case than the City of Chicago motion to dismiss case.
In any event this Court believes that under its previous 12(b)(6) and other decisions, plaintiff need only show that each defendant (or such defendants as it seeks to hold liable for the public nuisance here claimed), has engaged in activities which were a substantial factor in bringing about the alleged public nuisance and the injuries and harm found to have been proximately caused thereby. These activities may but need not necessarily include the manufacture or sale or promotion of any lead pigment or paint containing the same within Rhode Island; these activities may have been undertaken directly by a defendant or defendants or their predecessors in interest and may have been performed by authorized agents of the defendants or their predecessors.
There are, of course, a multitude of factual issues with respect to all of the foregoing.
The Court declines to enter the order presented to it on behalf of one or more of the defendants but will enter an order consistent with the provisions hereof.
Counsel are directed within one week of the filing hereof to present either an agreed or competing proposed orders.
Page 1 2 3 Rhode Island Personal Injury Attorneys
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