Newton v. Southern Wood Piedmont Co.

163 F.R.D. 625, 1995 U.S. Dist. LEXIS 14552, 1995 WL 583693
CourtDistrict Court, S.D. Georgia
DecidedSeptember 29, 1995
DocketNo. CV 194-112, CV 193-150
StatusPublished
Cited by13 cases

This text of 163 F.R.D. 625 (Newton v. Southern Wood Piedmont Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newton v. Southern Wood Piedmont Co., 163 F.R.D. 625, 1995 U.S. Dist. LEXIS 14552, 1995 WL 583693 (S.D. Ga. 1995).

Opinion

ORDER

BOWEN, District Judge.

Before the Court in both of the above-captioned matters are Motions by the Plaintiffs for Class Certification and Motions by the Defendants for Summary Judgment or, in the alternative, Motions to Dismiss. Upon consideration of the briefs presented by opposing counsel and arguments heard before this Court on July 19, 1995, Motions by the Plaintiffs for Class Certification in both cases are hereby DENIED and Defendants’ Motions for Summary Judgment are hereby GRANTED for the reasons stated below.1

1. Background

These two cases represent the latest episodes in a series of lawsuits brought against the Defendants. The Defendants are corporations that have owned or operated the Southern Wood Piedmont plant site located at 1650 Nixon Road in Augusta, Georgia, which housed wood preserving facilities since the 1920’s. Defendant Southern Wood Piedmont Company is a corporation organized under Delaware law with its principal place of business in South Carolina; Defendant Rayonier, Inc. is a corporation organized under Delaware law with its principal place of business in Connecticut; and Defendant ITT Corporation is a corporation organized under Delaware law with its principal place of business in New York.

Since 1987, Defendants have litigated various personal injury and property damage claims stemming from wood preserving activities at their Nixon Road plant site. In July of 1987, a set of plaintiffs filed Marshall, et al. v. Southern Wood Piedmont, et al., Civil Action No. CV 187-121, seeking property damages and medical monitoring. Mamie [628]*628Newton, who is the named class representative for the first of the above-captioned matters, was a party to that suit. In June of 1990, the parties to that action entered into a settlement agreement releasing the Defendants from “any and all claims that are or could have been asserted in the present litigation.” Settlement" Agreement, filed June 15, 1990. Mamie Newton received $6,000.00 as her portion of the settlement of that case.

The same Mamie Newton filed another lawsuit in July of 1989 in the State Court of Richmond County, Georgia, which was later removed to this Court. Mamie Newton, et al. v. Southern Wood Piedmont, et al., Civil Action No. CV189-167. In that lawsuit, Mamie Newton advanced personal injury claims against the Defendants, most notably claiming that her exposure to the operations of Southern Wood Piedmont had caused her certain skin problems and rashes. Mamie Newton claimed other health problems resulting from the activities of the Defendants as well, including gall stones, blackout spells, vision problems, high blood pressure, heart trouble, tooth loss, hair loss, a nervous condition, and headaches. See Interrogatory Responses in Mamie Newton v. Southern Wood Piedmont, Civil Action No. CV 189-167, No. 4. On November 22, 1991, this Court granted summary judgment against Newton’s claims for personal injury. Order granting Defendants Summary Judgment in Mamie Newton v. Southern Wood Piedmont, et al, 1991 WL 717190 (S.D.Ga. Nov. 22, 1991).

Finally, a set of three other lawsuits were filed in this Court from 1988 to 1989. Roberts, et al. v. Southern Wood Piedmont, Civil Action No. CV188-14; Bilton, et al. v. Southern Wood Piedmont, Civil Action No. CV189-17; Ball, et al. v. Southern Wood Piedmont, Civil Action No. CV189-158. Plaintiffs in these lawsuits lived in an area allegedly contaminated by the Defendants and advanced claims for property damage and medical screening. In June of 1990, the Defendants settled these three lawsuits with an agreement binding a group of over 200 property damage claimants and over 60 medical screening claimants. The settlement agreement for the property damage plaintiffs provided a “complete, total and final settlement and satisfaction of all individual claims asserted or that could have been asserted” in the action. Settlement Agreement concerning Property Damage, June 21, 1990. Likewise, the medical screening settlement provided that each plaintiff not exhibiting any symptoms related to exposure to the chemicals used by the Defendants renounced “any claim he or she has or may have had.” Settlement Agreement concerning Medical Screening, June 21, 1990.

In. each of the aforementioned “settled”, eases, the Plaintiffs were represented by competent, zealous counsel. Also, in each instance the amount of money paid in settlement by the Defendants was substantial.

The present two cases set forth claims again stemming from the Defendants’ allegedly hazardous activities at the Nixon Road plant site. Both suits involve personal injury claims advanced by the named representatives and putative classes. The factual background underlying each case is outlined separately below.

Case # 1: Mamie Newton v. Southern Wood Piedmont, et al.

Plaintiff and proposed class representative Mamie Newton is a resident of Richmond County, Georgia. Plaintiff brings this proposed class action on behalf of other similarly situated parties who have been exposed to toxic and hazardous substances used by Defendants in their wood preserving operations. Plaintiff alleges that Defendants have used various chemicals in their operations, including creosote, zinc meta arsenate, pentachlorophenol, and copper chromated arsenate. Plaintiff lives on nearby land and claims that the Defendants’ use of these chemicals in their wood preserving activities has released toxic and hazardous substances into the air, soil, and groundwater, causing personal injury to her and the members of the putative class. Specifically, proposed class representative Mamie Newton claims that she suffers from an arsenical keratosis, as well as other health disorders, all of which she claims are the result of exposure to toxic substances generated by the Defendants’ activities.

Plaintiff seeks certification of a class on behalf of others who have personal injuries [629]*629allegedly resulting from the activities of the Defendants at its wood preserving facilities. In support of its motion for class certification, Plaintiff proposes the following class definition:

All persons who have sustained personal injuries, have specifically evidenced a keratosis, and who have been exposed to the chemicals released from and emanating from the Southern Wood Piedmont facility in Richmond County, Georgia.

Memorandum in Support of Plaintiffs Motion for Class Certification, p. 2 (October 21, 1994) (emphasis added).

Case #2: SWAMP v. Southern Wood Piedmont, et al.

Plaintiff and proposed class representative Southern Wood Association for Medical Problems (hereinafter “SWAMP”) is an unincorporated association of Richmond County, Georgia, suing on behalf of its members and future members as well as all other similarly situated plaintiffs. Although the precise composition of its membership is unclear, SWAMP’s membership consists primarily of residents of Richmond County who live within a two mile radius of the Southern Wood Piedmont facility. Plaintiffs Complaint in Class Action, p. 6, No. 15. SWAMP alleges that Defendants have used various chemicals in their operations, including creosote, zinc meta arsenate, pentaehlorophenol, and copper chromated arsenate. Plaintiff alleges that these chemicals and others were discharged at the Defendants’ plant site into the water, ground and air, exposing members of the putative class to these chemicals.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Norwood v. Raytheon Co.
237 F.R.D. 581 (W.D. Texas, 2006)
Gevedon v. Pharma
212 F.R.D. 333 (E.D. Kentucky, 2002)
In re Rezulin Products Liability Litigation
210 F.R.D. 61 (S.D. New York, 2002)
Austin v. Abney Mills, Inc.
824 So. 2d 1137 (Supreme Court of Louisiana, 2002)
Rink v. Cheminova, Inc.
203 F.R.D. 648 (M.D. Florida, 2001)
Neumont v. Monroe County
198 F.R.D. 554 (S.D. Florida, 2000)
Intratex Gas Co. v. Beeson
22 S.W.3d 398 (Texas Supreme Court, 2000)
O'Connor v. Boeing North American, Inc.
184 F.R.D. 311 (C.D. California, 1998)
Sun Coast Resources, Inc. v. Cooper
967 S.W.2d 525 (Court of Appeals of Texas, 1998)
Hyman v. First Union Corp.
982 F. Supp. 8 (District of Columbia, 1997)
Reilly v. Gould, Inc.
965 F. Supp. 588 (M.D. Pennsylvania, 1997)
Collins v. International Dairy Queen, Inc.
168 F.R.D. 668 (M.D. Georgia, 1996)
Newton v. Southern Wood Piedmont Co.
95 F.3d 59 (Eleventh Circuit, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
163 F.R.D. 625, 1995 U.S. Dist. LEXIS 14552, 1995 WL 583693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-southern-wood-piedmont-co-gasd-1995.