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Essay / Research Paper Abstract
This 4-page paper focuses on several aspects pertaining to Anderson et al vs. Grace et al, the trial dealing with toxic groundwater in Woburn, Mass. during the 1980s. Bibliography lists 4 sources.
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4 pages (~225 words per page)
File: D0_MTandgra.rtf
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in Woburn, Massachusetts. Did the plaintiffs case meet standards of proof established by the basic principles of tort law? Asimow notes that
one problem faced by the plaintiffs was proving, without a doubt, that Grace and Beatrice were, in fact, solely responsible for the chemicals existing in the drinking water (Asimow, 1999).
In this case, he said, not only was it difficult to prove responsibility, it was difficult to prove culpability - namely, the
fact that there was a direct link between the TCE and children becoming ill with leukemia (Asimow, 1999). That Schlichtmann failed to find that direct proof was certainly one reason
why this case became so convoluted and, tragically for the plaintiffs, had a negative outcome. Was the final resolution equitable given both the outcome of the first stage of the
trial, the likely outcome of later stages in the trial and information coming to light after the settlement? Though Beatrice settled for
$8 million, when all was said and done, this added up only to a few hundred thousand dollars for each family - far from just compensation for not only the
pain that was suffered but the information that later came to light on this case. This was not equitable for several reasons.
First, when Schlichtmann attempted to introduce data compiled by the Environmental Protection Agency (EPA) to prove liability on the part of both Grace and Beatrice, he was unable to do
so, as the EPA had a court-approved exemption from having to testify in private lawsuits (Kennedy, 1998). Second, as Kennedy puts
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