Jump to Navigation
Jump to Content

Benoit v. Saint-Gobain Performance Plastics Corp.

ELR Citation: 47 ELR 20100
Nos. 16-cv-00930, (N.D.N.Y., 08/02/2017) (Kahn, J.)

A district court allowed suits against two manufacturing companies to go forward for groundwater contamination. Residents of Hoosick Falls, New York, brought suit against the manufacturers after they discovered perfluorooctanoic acid (PFOA) in their water supply. The residents, in 16 consolidated cases, alleged property damage and personal injury connected to the ingestion of PFOA, and requested compensation for loss of value and medical monitoring. The defendants moved to have the cases dismissed, as they believed there was no cognizable harm to the plaintiffs' bodies or property sufficient to allege a tort under New York law. The court disagreed, holding that the plaintiffs' claims for negligence and strict liability based on property damage could go forward, as under New York law groundwater contamination is a cognizable injury. Further, since the property claims were sufficient, the plaintiffs could not be denied medical monitoring damages. The motion for summary judgment was denied.