LOS ANGELES (Legal Newsline) – A water service company is seeking damages from the manufacturers and distributors of a chemical over allegations the chemical has contaminated its wells.
Golden State Water Co. filed a complaint on Sept. 21 in the U.S. District Court for the Central District of California against The Dow Chemical Co., Dow Agroscience LLC, Shell Oil Co., et al., alleging nuisance, trespass, negligence and strict products liability.
According to the complaint, the plaintiff is a provider of drinking water to residents and business in 75 communities across the state of California. It alleges the defendants used 1,2,3-trichloropropane (TCP), a highly toxic substance, as an ingredient in their products, and that TCP has "migrated through the subsurface and into the groundwater, and now contaminates the water pumped from plaintiff’s wells."
The plaintiff holds The Dow Chemical Co., Dow Agroscience LLC, Shell Oil Co., et al. responsible because the defendants allegedly designed, manufactured, promoted or sold TCP products and knew or should have known that the use of TCP products other than soil fumigants in their intended manner would result in the release of TCP into the land.
The plaintiff requests a trial by jury and seeks award of compensatory and exemplary damages, costs, attorneys' fees, together with prejudgment interest, and such other further relief as the court may deem just and proper. It is represented by Seth D. Mansergh and Kenneth A. Sansone of SL Environmental Law Group PC in San Francisco.
U.S. District Court for the Central District of California case number 2:18-cv-08199-ODW-KS