By Trend News Line 2024-05-28 08:40:16.
**Family Appeals Judge’s Decision in Mountaire Farms Lawsuit**
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In a legal battle that shows no sign of slowing down, a Millsboro-area family is continuing their fight against Mountaire Farms after a judge dismissed their lawsuit. The family claims that their original attorneys did not inform them that they had the option to opt out of the 2021 settlement, potentially resulting in more financial compensation for their daughter who suffers from severe disabilities.
**Appeal Filed to Delaware Supreme Court**
Following the Superior Court judge’s decision to dismiss their case, the family’s lawyers wasted no time in filing an appeal to the Delaware Supreme Court. Thomas Crumplar, representing the child and her parents, stated, “This little girl’s quest for justice continues.”
**The Family Seeks Justice for Their Disabled Child**
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The parents of the young girl, identified only as L.H. in the lawsuit, were seeking a modification to the $65 million settlement with Mountaire Farms. They argue that their original lawyers failed to advise them that they could have opted out of the settlement and pursued further damages to assist in caring for their now 7-year-old daughter, who is unable to walk or speak due to her disabilities.
**Judge Dismisses Lawsuit**
Despite being the only litigant in the case to receive a third review, the Superior Court judge sided with a court-appointed claims administrator. The administrator found no link between the girl’s birth defects and Mountaire’s practices, leading to the dismissal of the family’s lawsuit. Each party received $2,500 as part of the class-action settlement.
**Mountaire Responds to Appeal**
Chase Brockstedt, one of the attorneys involved in the original class-action case, stated that they would vigorously defend themselves against the appeal. He emphasized the $65 million fund created to compensate individuals affected by Mountaire’s environmental contamination, stating that the case helped thousands of residents in Millsboro.
**Background on the Lawsuit**
The lawsuit against Mountaire Farms stemmed from a violation notice issued by the Delaware Department of Natural Resources and Environmental Control in 2017. The state agency found that Mountaire had been exceeding permitted levels of contaminants in their waste disposal practices. This led to groundwater pollution, impacting the local community.
**Environmental Impact and Settlement**
The contamination released by Mountaire included high levels of nitrates and fecal coliform, posing serious health risks to those exposed. The settlement with Mountaire required the company to pay fines, upgrade their wastewater treatment plant, and provide clean drinking water to affected neighbors. Despite these measures, the legal battle between the family and Mountaire continues.
**Opt-Out Provision and Deadline**
As the settlement was being finalized, a notice and opt-out provision were included in court documents. The opt-out deadline was set for February 20, 2021, giving individuals the opportunity to pursue separate legal action if they wished. The family claims they were not made aware of this option by their original attorneys.
**Continued Pursuit of Justice**
The family’s appeal to the Delaware Supreme Court signifies their determination to seek justice for their daughter and hold Mountaire Farms accountable for the alleged harm caused. The legal battle highlights the complexities of environmental litigation and the importance of informed legal representation for vulnerable populations.
In conclusion, the ongoing legal saga between the family and Mountaire Farms serves as a reminder of the lasting impact of environmental contamination on communities and individuals. As the appeal moves forward, the family remains hopeful that justice will prevail for their disabled child..
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