A Superior Court jury Wednesday found that lead-based paint is a public nuisance in Rhode Island and that three of four paint manufacturers on trial in Providence should be ordered to clean it up.
The six-member jury in the civil case presided over by Judge Michael A. Silverstein found that Sherwin-Williams Inc., Millennium Holdings and NL Industries should be held accountable for the nuisance. The jury cleared a fourth company, Atlantic Richfield, of responsibility. No monetary amount was incorporated into the verdict.
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The jury returned its verdict at the Licht Judicial Complex at 11:45 a.m. Wednesday. It had been deliberating since Feb. 13 after 15 weeks of testimony.
Silverstein gave attorneys until next Monday morning to file memos about the paint companies’ arguments that punitive damages should not be awarded. The judge will hear those arguments in court on Monday afternoon. The jury has not been dismissed, and may return Tuesday depending on the outcome of Monday’s arguments.
State officials have claimed that manufacturers should cover the costs of dealing with the paint, which has been linked to brain damage and other health problems in children.
It’s the first time a jury has held that former makers of lead pigment created a “public nuisance” with their products, Bloomberg News reported.
In Rhode Island, as many as 330,000 homes contain the lead product, say state officials, who have refused to say exactly how much removal would cost.
Sherwin-Williams said in a statement: “The jury verdict in the Rhode Island trial against Sherwin-Williams is only a part of a long legal process. We continue to believe that the facts and the law are on our side. The court still has to rule on various remaining issues before the next steps in the legal process can be determined. Additional court proceedings will be held next week. Sherwin-Williams will continue to vigorously defend itself.”
