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F.P. Woll & Co. v. Fifth & Mitchell St. Corp.

ELR Citation: 38 ELR 20243
Nos. No. 96-5973, (E.D. Pa., 09/09/2008)

A district court held that the possibility that a settlement might not be collected is neither extraordinary nor unexpected and is therefore insufficient to reopen its final award of damages in an environmental contamination case. The court awarded a manufacturing company $40,708.00 for contribution and response costs and $306,250.00 for diminution of property value, for a total judgment of $346,958.00. It set off the amount of the judgment against three settlements that the company had previously made with other defendants. Those settlements totaled $370,000, of which the largest was a $350,000 settlement. The company filed a motion to adjust its damages to reflect that its $350,000 settlement is uncollectible. But the possibility that the settlement might not be collected is neither extraordinary nor unexpected. Moreover, the company had an opportunity to present evidence to the court before the entry of final judgment to substantiate its assertion that the settlement was uncollectible, but it did not do so.