[CPEO-MEF] "Explosives Company to go on Trial as Judge Refuses to Dismiss laws

[CPEO Moderator <cpeo@cpeo.org>]

Explosives Company to Go on Trial As Judge 
Refuses to Dismiss Lawsuit , Explosives Company to Face Jury In
Water-Contamination Case

BY BRENT ISRAELSEN
THE SALT LAKE TRIBUNE

Sat. March 3, 2001

http://www.sltrib.com/03032001/utah/76287.htm


A judge refused this week to dismiss a 1999 lawsuit filed by three Mapleton
couples who claim that ground water contaminated by the Trojan explosives plant
caused cancer in some of the plaintiffs. 

Attorneys for Trojan tried to get the case dismissed by arguing the statute of
limitations expired before the action was filed. 

But U.S. District Judge Dee Benson, noting Trojan had been less than
forthcoming, ruled that the question of when the plaintiffs knew about the
contamination and its potential harm is a matter for a jury. 

Trojan attorneys declined to comment Friday. 

Benson's ruling is a significant victory for the Mapleton residents in their
quest to try Trojan's former and current owners on claims of personal injury,
fraud, unjust enrichment and property damage. 

The plaintiffs -- Rodney and Marilyn Petersen, Charles and Ellen Bates, and
Howard and Kay Ruff -- claim Trojan's owners knew the plant was contaminating
the groundwater but did little to stop it or to warn residents of the danger. 

continued...
http://www.sltrib.com/03032001/utah/76287.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~