Judge Dismisses Chicken Companies From Prairie Grove Cancer Lawsuit
Plaintiffs can't show valid connections between arsenic and health issues, poultry companies
Last updated Wednesday, August 2, 2006 11:34 PM CDT in News
By Ron Wood
The Morning News
FAYETTEVILLE -- Poultry companies named in a "toxic tort" lawsuit alleging arsenic from chicken litter causes cancer in Prairie Grove were dismissed from the case Wednesday.
Washington County Circuit Judge Kim Smith said the case should be thrown out because the plaintiffs can't show specific levels of exposure to arsenic, a direct link between litter spread in the area and a specific company, or a cause and effect relationship between the health problems they alleged and arsenic spread on local fields as fertilizer.
"We are delighted that this case is over with regards to Simmons Foods, and we feel that it was the right outcome and that his opinion was supported by the facts and by the law," said Vicki Bronson, an attorney for Simmons Foods.
Poultry companies argued in June arsenic in chicken litter spread on farm fields near the town hasn't been traced to the individual companies, so plaintiffs can't say with any certainty whose litter they may have been exposed to or how much arsenic any "dose" may have contained.
Robert George, an attorney for Tyson Foods, argued in June allegations of exposure must be specific to individual defendants, not a broad attack on the industry as a whole.
George decline to comment specifically on Smith's ruling Wednesday afternoon, citing remaining cases and an order not to make comments could taint the potential jury pool.
Smith had previously barred from trial calculations of arsenic exposure by the plaintiff's star witness, Rod O'Connor, leaving their other experts with nothing on which to base their opinions on exposure by inhalation or ingestion.
Smith ruled O'Connor's calculations were unreliable and the methodology and reasoning used were not generally accepted in the scientific community.
Smith on Wednesday granted motions for summary judgment and dismissed Tyson Foods, Peterson Farms, Georges' Farms, George's Processing, Simmons Foods and Simmons Poultry Farms from the suit. Summary judgment, which is rarely granted, means essentially that there's no evidence to support the case.
Smith's decision Wednesday affects only one case involving Michael "Blu" Green and his parents. That case is currently set for trial Sept. 5.
Smith refused to dismiss Alpharma and Alpharma Animal Health, the maker and distributor of the arsenic-based feed additive Roxarsone, from the case. They remain as the only defendants.
Seven other cases remain. Smith declined early on to grant class action status to the various cases, meaning, procedurally, each has to go forward individually.
But, since the basic issue in all the lawsuits involves the same allegations of exposure to arsenic spread as chicken litter, it would follow that similar motions can be expected to be filed in each of the remaining seven cases.
Members of about 50 families in the Prairie Grove area sued poultry companies more than two years ago. Taken together, the various lawsuits include about 100 plaintiffs.
They allege a link between health problems in the community and substances found in chicken litter, particularly Roxarsone.
Their attorneys argued there's no other reasonable explanation for the diseases found in Prairie Grove other than exposure to arsenic-laden chicken litter.
Definition
Summary Judgment
Summary judgment is a motion made by the defendant in a civil case. It asserts the plaintiffs have raised no genuine issues to be tried and asks the judge to rule in favor of the defense. In order to defeat a motion for summary judgment, the non-moving party must present evidence to support its case; conclusory or speculative testimony is insufficient.
Source: 'Lectric Law Library
Reader Comments (No comments posted.)
The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.
Not already registered?
