Facts

In this consolidated action, the City of Colton sued American Promotional Events Inc. and others pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. Among the defendants included decedent Harry Hescox, who was sued as an individual in his capacity as the former president of Pyrotronics Corp. The corporation owned the real estate and conducted the fireworks manufacturing that allegedly resulted in contamination.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the B.F. Goodrich Superfund Site in Rialto emanated contaminated groundwater. In response, the State of California, the U.S. Environmental Protection Agency and the U.S. Dept. of Justice incurred costs in conducting cleanup of the property. Plaintiffs then sought injunctive relief and reimbursement response costs incurred in response actions at the B.F. Goodrich Superfund Site.

Result

The Estate of Hescox agreed to enter into a consent decree and pay $11 million in settlement of response costs.