A class action lawsuit was filed on September 3, 2008, on behalf of residents living near the Behr Dayton Thermal Plant. The suit demands that defendants Behr America, Inc., Behr Dayton Thermal Products, LLC and Behr Dayton Thermal Plant, LLC, current owners of the facility, and Chrysler, LLC, former owner, make financial restitution for damages to residents caused by the Behr VOC Plume.
The class action lawsuit was filed in the Court of Common Pleas, Montgomery County. The class includes all persons who live in, or who have spent significant time in, neighborhoods near the plant, located at 1600 Webster Street in Dayton. The suit defines these neighborhoods as bounded roughly by Stanley Ave., Deeds Ave., Herman Ave and Vermont Ave. to the southwest; and by McCook Ave. and Kettering Field Park, to the northwest.
At issue is a cloud of underground poisonous vapor, called a plume, that is rising from contaminated ground water. The United States Environmental Protection Agency has recognized the damage caused to residents living near the plant. The class action lawsuit seeks compensation for diminished property values, establishment of a medical monitoring fund, money to pay for installation and operation of air filtration systems, and punitive damages.
