News

December 31, 2008

Owner of former former Kerr-McGee Corp. must pay

Attorneys for plaintiffs state owner of former Kerr-McGee has continually delayed in paying.

By Sheena Delazio sdelazio@timesleader.com
Staff Writer
Sheena Delazio on Facebook   |   @TLSheenaDelazio on Twitter

WILKES-BARRE – Luzerne County Prothonotary Jill Moran signed court papers Tuesday ordering the former Kerr-McGee Corp. to pay more than $900,000 to eight plaintiffs who filed lawsuits against the Avoca-based plant.

The papers stem from a federal arbitration award decision that county Judge Peter Paul Olszewski Jr. upheld last month.

The amount includes approximately $943,886, plus $13,617 in interest, and an additional $137 in other costs, for a total of about $957,639.

Last week, attorneys for the plaintiffs filed court papers stating the Alabama-based Tronox Inc., which now owns the former Kerr-McGee, has continually delayed in paying the plaintiffs.

The court papers filed last week stated Tronox failed to appear for deposition in the case and to comply with a subpoena to ascertain Tronox’s assets. In court papers filed Tuesday, Citibank said Tronox had more than $7 million in assets in five different accounts.

“…Citibank holds a sufficient amount of property belonging to (Tronox) to satisfy the judgment plus interest and cost,” the plaintiffs’ attorney Stephen Seach said in court papers.

Seach said an additional cost of about $155 per day would be charged if the total amount hadn’t been paid by Tuesday. The case involves nearly 3,500 plaintiffs who filed 24 lawsuits in January 2005 alleging they developed health problems, including cancer, from chemicals released into the air by the former Kerr-McGee factory.

The Kerr-McGee plant manufactured railroad ties from 1956 until it closed in 1996. The plaintiffs allege they developed health problems from three highly toxic substances – creosote, arsenic and benzene – that were released into the air from the plant.

The January 2005 lawsuits were the second wave of litigation filed against the company in connection with health problems allegedly caused by the Avoca plant. The company paid more than $760,000 in November 2003 to settle 29 previous lawsuits.

Approximately 708 plaintiffs have died since the latest lawsuits were filed.

The case involves nearly 3,500 plaintiffs who filed 24 lawsuits in January 2005.

Tweet	Follow @TLnews

This story also appears on the following websites...