R.I. Judge Rules Out Punitive Damages in Lead Paint Decision

Former manufacturers of lead paint found liable last week by a Rhode Island jury for poisoning of children will have to pay to clean up properties with the contaminated paint but will not face punitive damages.

Rhode Island Superior Court Judge Michael Silverstein decided in favor of the paint makers on the punitive damages question and against the state, which brought the suit and which had argued for further damages.

The jury found Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC liable for creating a “public nuisance” by selling lead paint and decided that they must clean up contaminated paint in the state, which some officials have said could cost as much as $3 billion.

The court has yet to decide what the firms will have to do and spend for cleaning up.

The case and the punitive damages ruling have been awaited by other states where lead-poisoning lawsuits are pending.

The paint companies have denied direct responsibility for any poisoning.

Latest Comments

• March 2, 2006 at 3:32 am

  RWB says:

  The court held that the paint companies did not intend that the injuries would occur. Therefore, no punitive damages could be awarded. However, because the paint companies w... read more
• March 2, 2006 at 2:55 am

  Chris says:

  RWB, So, does that mean in this case that the jury found that the paint companies intended for the injuries to occur? If that wasn\'t part of the finding, isn\'t that an issue... read more
• March 2, 2006 at 2:18 am

  RWB says:

  Even better, RI governmental agencies were requiring the use of lead-based paint in government-owned project housing bid specs at the time, because the paint would last longer... read more