NCD980602163_19811002_Warren County PCB Landfill_SERB C_DOJ memo - State v Ward et al-OCR

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RUFUS L. EDMISTEN
ATTO RNEY G ENERAL
MEMORANDUM
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.fhp;1rt111rnt nf :ilustin·
P. 0. Box 25201
RALEIGH
27611
2 October 1981
TO: W. A. Raney
Special Deputy Attorney General
FROM: Blackwell M. Brogden, Jr. ,O /Yl B,../)n.
Associate Attorney General "\jt
RE: State v. Ward, et al
This civil action against various individuals and corporations
involved in the PCB "dumping" seeks 2. 5 million dollars actual damages and
up to 10 million dollars punitive damages. Pleadings have been filed and
discovery is in progress. Resolution of discovery should identify what
possible resources are available to satisfy the claims of the State.
Although settlement discussions have been held, the possibility
of a negotiated resolution should not encourage any delay in regard to actual
cleanup or other alternatives. The actual damage claim is based upon projections
for the Warren County site and associated methods. Thus, other alternatives
could force changes in the civil action which would only contribute to delay.
Payment from "Superfund" should not prejudice the claim for punitive
damages. Payment should not prejudice the actual damage claim under the
"collateral source" rule. (See 5 Strong's N.C. Index 3d, Damages, ss. 10 & 17.2;
22 Am.Jur.2d, Damages, ss. 206-211; Young v. RR, 266 N.C. 458 (1965).) Sub-
rogation rights that might exist in the Federal government as a result of payment
could affect our entitlement to part or all of the actual damages collected. This
issue should be addre sse d and s~ttled as early as practical.
BMBjr:fm
cc: Burley Mitchell
Dave Kelly
Bob Jansen
Jack Cozort
Bob Adams
Page Benton
John Freeman
✓o. W. Strickland
Bill Meyer
Barney O' Quinn
Frank Vick
Glenn Dunn
Al Cole
Chris Prather
Eugene A. Smith