WEST VIRGINIA RECORD

CHARLESTON - A lawsuit against Union Carbide Corporation alleging it released toxic gases has been dismissed from federal court.

A judgment order was filed Sept. 13 in the U.S. District Court for the Southern District of West Virginia at Charleston.

"In accordance with the accompanying order granting Union Carbide Corporation's... motion for summary judgment, the court orders that judgment be entered in favor of UCC and that this case be dismissed and stricken from the docket," the judgment order states.

Sue Ferguson Davis named numerous defendants in the action, some of whom were previously dismissed. On Aug. 27, 2012, she filed an amended complaint, naming UCC as a defendant. Other defendants, including Bayer Cropscience Holding Inc. and Bayer Cropscience LP were no longer parties in this action.

"UCC is the sole remaining defendant in this matter. Due to delays in the resolution of this care, the plaintiff has been afforded ample time for discovery. Despite this extended discovery period, the plaintiff is still unable to make a prima facie case sufficient to survive summary judgment," according to the order.

UCC's motion for summary judgment was granted and Davis' motion for partial summary judgment has been denied as moot.

From Oct. 13, 2009, until Oct. 25, 2009, the defendants negligently released into the atmosphere of Institute one or more toxic gases which Sue Ferguson Davis ingested while outside of her home, according to a complaint originally filed Oct. 12, 2011, in Kanawha Circuit Court and then removed to the U.S. District Court for the Southern District of West Virginia at Charleston on Nov. 10, 2011.

Davis claimed she was exposed to and ingested the toxic gases while walking in her residential neighborhood.

As a result of the exposure to the toxic gases, Davis sustained severe injuries, according to the suit.

Davis claimed she suffered diminished pulmonary capacity to the extent that she is no longer capable of taking the extended walks she formerly took on a daily basis and suffered pain to her eyes, vaginal bleeding and other gastro-intestinal ailments.

On Oct. 25, 2009, Adisseo Corporation reported it had detected a hydrogen cyanide leaking, but stated it had no knowledge as to how long it had been leaking, according to the suit.

Davis claimed the defendants were negligent in allowing the toxic gases to be released into the air and cause her injuries.

The defendants are liable for any and all damages incurred by Davis, according to the suit.

Davis was seeking compensatory and punitive damages. She was being represented by William V. DePaulo.

The defendants were represented by Thomas J. Hurney Jr., Michael M. Fisher and Ryan E. Voelker of Jackson Kelly PLLC.

The case was assigned to District Judge Joseph R. Goodwin.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:11-cv-00879