Released on: September 5, 2008, 2:40 pm

Press Release Author: Teresa Kelly

Industry: Government

Press Release Summary: The suit demands that defendants Behr America, Inc., Behr
Dayton Thermal Products, LLC and Behr Dayton Thermal Plant LLC, current owners of
the facility, and Chrysler, LLC, former owner, make financial restitution for
damages to residents caused by toxic underground fumes caused by groundwater
contamination cased by the plant.


Press Release Body: Dayton, OH – The Columbus, Ohio law firm of Leeseberg &
Valentine, in litigation partnership with Janet, Jenner & Suggs, LLC (Maryland) and
German Rubenstein, LLP (New York), have announced the filing of a class action
lawsuit on behalf of residents
living near the Behr Dayton Thermal Plant.

The suit demands that defendants Behr America, Inc., Behr Dayton Thermal Products,
LLC and Behr Dayton Thermal Plant LLC, current owners of the facility, and Chrysler,
LLC, former owner, make financial restitution for damages to residents caused by
toxic underground fumes caused by groundwater contamination cased by the plant.

The suit was filed Tuesday, September 2, in the Court of Common Pleas, Montgomery,
County, OH. The class includes all persons who live in the McCook Field neighborhood
and other areas near the plant, located at 1600 Webster Street in Dayton.

“The U.S.Environmental Protection Agency has recognized the damage caused to the
McCook neighborhood. Those responsible for the contamination need to be held
accountable. Our lawsuit begins the process of holding the wrongdoers responsible
for their disregard of the health and safety of these residents,” said attorney Anne
Valentine.

Exceedingly high levels of toxic gases linked to cancer have been found in many
homes in the area, leading the USEPA this year to nominate the site for the national
Super Fund list.

The class action lawsuit seeks compensation for diminished property values,
establishment of a medical monitoring fund, money to pay for installation and
operation of air filtration systems, and punitive damages. Persons who think they
may qualify as a member of the class may call toll free 1-800-590-1289 to speak to
an attorney, or may find information on the web at www.McCookField-lawsuit.com

The three law firms partnering in the class action bring exceptional experience,
expertise and resources to the case. German Rubinstein, LLP, has significant
experience in environmental toxic torts and groundwater contamination matters.
Janet, Jenner & Suggs and Leeseberg & Valentine are nationally known for expertise
in dealing with mass torts.




Background

Census data shows the area includes an estimated 2,100 residents living in 1,100
homes and apartments. Former and current residents and property owners, and any
persons who spent significant time in the area, such as employees of local
businesses or schools, may have been exposed to harmful levels of chemicals and are
included in the class.

At issue is a cloud, or plume, poisonous gas that is rising from contaminated ground
water in the area. The USEPA has pinpointed the source of the contamination as the
thermal plant, when it was owned and operated by Chrysler Corp. Groundwater
contamination in the area started in at least 1998, according to the EPA.

Chrysler has assumed responsibility for tracking and cleaning up the contamination.
However, it is disputing EPA claims that the plume has spread significantly since
2002 and is now putting a greater number of people and properties at risk.

The Behr plume contains high levels of trichloroethylene or TCE, a highly toxic gas
linked to cancer. The EPA considers a safe level of TCE for humans to be 0.4 parts
per billion. Yet, indoor air concentrations in the community have been detected as
high as 260 ppb. Air abatement systems have been installed in at least 185
properties in the area so far. The Ohio Department of Health has found rates of
cancer from 1 ½ to nearly nine times the average in residents who live in near the
plant.

USEPA released a report Aug. 1, warning that TCE levels in some homes in the area
had reached levels “that may pose a long-term health threat.” The report said the
Behr VOC plume is expected to continue to pose a public health hazard until the
ground water is cleaned up. It said indoor air filtration systems proposed for
impacted homes are only a temporary solution. One elementary school in the affected
area has already been closed.

Chrysler owned and operated the plant from 1937 to 2002, first as Chrysler
Corporation and then as the merged company, DaimlerChrysler. The facility, which
manufactures vehicle air conditioners and cooling systems, was sold to Behr America
in 2002.


Web Site: http://www.McCookField-lawsuit.com

Contact Details: Teresa Kelly
Special Audience, 6700 Manchaca, Austin, TX 78745, 5124416484, 5124410305