Dow jumps over Court of Appeals

Thursday, December 11, 2003


Dow Chemical Co. isn't taking "no" for an answer.

The chemical giant appealed Wednesday to the state's highest court, asking that it strike medical monitoring from a lawsuit involving 179 residents along the Tittabawassee River.

Saginaw County Chief Circuit Judge Leopold P. Borrello has denied Dow's request. The state Court of Appeals won't hear the case. That leaves the state Supreme Court.

Dow attorneys argue that medical monitoring claims are neither recognized by state law nor relevant to this case.

"Medical monitoring in this context is a legal issue and is not a scientific study," said Dow spokesman Scot Wheeler. "The medical monitoring proposed would answer no questions specific to dioxin, would not determine whether exposure had occurred and would not offer the peace of mind regarding exposure that plaintiffs seek."

Jan P. Helder, lead attorney for the residents, says it is simply a last-ditch effort by Dow to avoid responsibility for contaminating the floodplain.

"Dow continues to hope that through the political process it will avoid the community's day in court on medical monitoring," he said. "They are trying to find relief from the Michigan Supreme Court when they have found none from Judge Borrello or the Court of Appeals." t

Jeremiah Stettler is a staff writer for The Saginaw News. You may reach him at 776-9685.

2003 Saginaw News.

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