Tonawanda News

Breaking News

The Town

March 21, 2013

Tonawanda Coke mounts defense

(Continued)

Tonawanda News — The questioning of Foersch is in line with the defense team’s overall strategy. The attorneys are claiming that DEC and EPA officials implicitly and explicitly approved the plant’s conditions, which are “out in the open” and easy to see. 

The testimony came after Judge William Skretny ruled on the acquittal motions submitted by the defense team Monday — a standard request by defense lawyers at trial, asking the judge to toss out indictments because prosecutors failed to meet their burden of proof before a jury has a chance to decide guilt or innocence. Skretny denied the motions and all of the 19 counts still stand. 

Last week, the latest civil case among dozens already filed against the plant, became one step closer to starting when the Appellate Division of Supreme Court of New York in Rochester filed a decision allowing the owner and CEO of the company, J.D. Crane, to be named personally in the complaint. 

”Plaintiffs commenced this action seeking ... damages for personal injuries and property damage that resulted from exposure to various toxic emissions allegedly released by defendant Tonawanda Coke Corporation,” the court wrote.

Roughly 200 named plaintiffs in the case, Jennifer Abbott et. al vs. Tonawanda Coke, alleged that J.D. Crane is personally liable because he “participated in and approved of decisions that resulted in the toxic emissions from the Tonawanda Coke plant.”

Following the filing of the case, Hodgson Ross defense lawyers made a motion to dismiss the complaint against Crane. Erie County Court previously dismissed the motion, and the appellate division then affirmed the decision March 15.

”Although a ‘corporate officer is not held liable for the negligence of the corporation merely because of his official relationship,” the individual can be held liable if it is established ‘that the officer was a participant in the wrongful conduct,” the court wrote. 

Contact reporter Jessica Bagley at 693-1000, ext. 4150

Text Only
The Town
Featured Ads
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Facebook
Front page
NDN Video
Trump: DC Hotel Will Be Among World's Best Plane Crashes in Taiwan, Dozens Feared Dead Republicans Hold a Hearing on IRS Lost Emails Raw: Mourners Gather As MH17 Bodies Transported Robot Parking Valet Creates Stress-free Travel Raw: MH17 Bodies Arrive in Netherlands Raw: Fight Breaks Out in Ukraine Parliament Disabled Veterans Memorial Nearing Completion Last Mass Lynching in U.S. Remains Unsolved Home-sharing Programs Help Seniors Ex-NYC Mayor: US Should Allow Flights to Israel Clinton: "AIDS-Free Generation Within Our Reach" Judge Ponders Overturning Colo. Gay Marriage Ban Airlines Halt Travel to Israel Amid Violence VA Nominee McDonald Goes Before Congress US Official: Most Migrant Children to Be Removed Police Probing Brooklyn Bridge Flag Switch CDC Head Concerned About a Post-antibiotic Era Courts Conflicted Over Healthcare Law Raw: Truck, Train Crash Leads to Fireball