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The property owners were seeking unspecified millions in damages from Waste Management and other entities believed to have dumped toxic waste at the landfill in the mid-1950s in a trial before Waukesha County Circuit Judge Kathryn Foster.
If the case is reversed on appeal, the 16-person jury awarded the group of property owners more than $1 million.
The $1,055,500 amount decided by the jury would be intended to compensate property owners for diminished property values and past and future loss of enjoyment of their property, court records say.
The property owners prevailed in one issue heard in the trial -- the jury found Waste Management negligent for the leaking of vinyl chloride from the landfill. But the jury separately ruled that the negligence could not be tied to any damage experienced by the homeowners.
The trial was launched with dramatic testimony on the dangers of vinyl chloride to people, followed by the account of a young mother unable to enjoy some time with her newborn because contaminated well water prevented her from bathing the baby at home.
State and federal officials have repeatedly contended outside of the trial that the level of vinyl chloride detected in private wells is low and that none has been found in city drinking water.
Larry Buechel, former Waste Management project director of the Muskego landfill cleanup, testified that when he learned in 1997 of a private well to the south that was contaminated, he wasn't sure there was even a "clear pathway" for vinyl chloride to get there from the landfill, which closed in 1980.
Defense attorneys for Waste Management argued before the jury that the company was responsive and did everything it could at the time to investigate and mitigate well contaminations, with the tools it had available at the time.
Those actions included supplying bottled water and ultimately bringing city water to the affected properties, although the company could not determine where the pollutants originated.
Much of the pollution was discovered by Waste Management's own engineers, a defense attorney told jurors.
To see more of the Milwaukee Journal Sentinel, or to subscribe to the newspaper, go to http://www.jsonline.com. Copyright (c) 2009, Milwaukee Journal Sentinel Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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