This case involved a $13MM remediation of PCB-contaminated soil from Mother Brook in Hyde Park. Our client, Dampney, is a small specialized paint company that formerly owned property near the brook. After a six-week, expert-heavy jury trial in front of Judge Young, Carolyn Miller and Matt Welnicki obtained a defense verdict that Dampney was not responsible for any share of the remediation costs. On appeal, the primary plaintiff, Thomas & Betts, raised several arguments based on the evidence presented at trial as well as Judge Young’s jury instructions and the proper application of the Massachusetts GL c 21E. The First Circuit Court of Appeals affirmed the judgment, finding that the evidence presented at trial was sufficient to support the jury’s finding and that there was no error in the jury instructions. The Court also provided a helpful summary and discussion of Chapter 21E and its application to private remediation cost recovery actions.
