Since the 1800s, Brooklyn Union had operated three manufactured gas facilities located along the Gowanus Canal and discharged contaminated wastewater from its refining coal tar, and other toxic byproducts it used in the development of its products.
Brooklyn Union, now owned by NorthernGrid, is seeking to recover the costs it incurred in cleaning up the canal of toxic discharges that occurred between 1941 and 1969. This was the first trial in the two-decades-old litigation.
For the litigants, the case hinged on whether or not the contaminant discharges were intentional or accidental, and whether or not Brooklyn Union provided timely notice of its coverage claims.
In June, Century Indemnity filed a motion for judgment notwithstanding the verdict. The attorneys for Century argued that the jury’s verdict should be thrown out. Century claims that there was insufficient evidence presented at trial that showed property damage at the sites had ended, in addition to instructional and evidentiary errors.
