Johnson Controls settlement resolves class action over toxins, asbestos contamination in Indiana groundwater

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Update: 

• Johnson Controls Inc. reached a class action settlement to end claims that one of its former manufacturing plants polluted local residents’ homes with toxic chemicals.
• On April 6, Johnson Controls and plaintiffs Amos and Debbie Hostetler, Rita Chairez, Becky Null and Maria Tovar told an Indiana federal court they reached an agreement. They asked the court to suspend all trial-related deadlines to give them time to prepare and execute the final settlement documents.
• The 2014 class action lawsuit alleged the company exposed plaintiffs and others to various industrial contaminants, including asbestos and trichloroethylene, that came from a long-shuttered manufacturing facility the company owned until 2007.
• The residents argued JCI is liable for trespass, nuisance, negligence and negligent infliction of emotional distress, as well as violations of Indiana’s Environmental Legal Action (ELA) statute. An earlier decision dismissed the residents’ ELA claims.

Johnson Controls pollution class action overview: 

• Who: Johnson Controls Inc. must face a class action lawsuit accusing it of polluting Indiana residents’ homes.
• Why: The residents’ lawsuit accusing the company of spilling toxic chemicals into the groundwater that then migrated onto their properties survived a motion to dismiss, although some claims were trimmed.
• Where: The case is pending in Indiana District Court.

(Nov. 8, 2021)

Johnson Controls Inc. must face a class action lawsuit alleging one of its former manufacturing plants polluted local residents’ homes with toxic chemicals, although the residents’ claims have been trimmed, according to a federal judge’s recent ruling. 

In a 2014 class action lawsuit five Indiana residents accused Johnson Controls Inc. (JCI) of exposing them to various industrial contaminants — including asbestos and trichloroethylene — that came from a long-shuttered manufacturing facility owned by the company up until 2007.

The residents argued that JCI is liable for trespass, nuisance, negligence and negligent infliction of emotional distress, as well as for violations of Indiana Environmental Legal Action (ELA) statute. An earlier decision dismissed the residents’ ELA claims.

Johnson Controls polluted groundwater, air, class action claims

This week, U.S. District Judge Jon E. DeGuilio further trimmed the residents’ claims that JCI polluted their groundwater with toxic chemicals and their air with asbestos, but let their trespass and nuisance claims stemming from the chemical pollution proceed to trial.

In the ruling, DeGuilio granted in part and denied in part Johnson Controls’ motion for summary judgment, and denied the residents’ motion for summary judgment. DeGuilio granted summary judgment in favor of JCI on the residents’ claims for negligence and negligent infliction of emotional distress, saying that the residents lacked proof of any medical issues caused by the level of toxic substance they were allegedly exposed to, Law360 reports.

In regards to the asbestos claim, DeGuilio rejected the residents’ argument saying asbestos was not found in every pile of debris at the site and wind patterns meant it would not have been regularly carried towards the residents’ homes.

“Plaintiffs do not quantify their alleged asbestos exposure, nor do their experts, and no one has tested the air at or around Plaintiffs’ homes for asbestos at any time.”

He also tossed claims brought by two of the residents, Amos and Debbie Hostetler, saying they were brought after the statute of limitations.

The three claims that can move forward all relate to the residents’ homes being allegedly contaminated with vapors from chlorinated volatile organic compounds, including trichloroethylene and perchloroethane, which was used as solvent at the plant and was subject to multiple spills over the years contaminating the groundwater.

Meanwhile, Johnson Controls, the parent company of Coleman, is facing another class action lawsuit accusing it of using unlawful and deceitful business practices to chill customers’ warranty claims and dupe them into thinking they did not have warranty rights in their Coleman stoves and other outdoor equipment. 

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 The plaintiffs are represented by Thomas A. Barnard, Rodney L. Michael Jr., Benjamin A. Wolowski and Mark T. Hayden of Taft Stettinius & Holliser LLP and John D. Ulmer of Yoder Ainlay Ulmer & Buckingham LLP. 

The JCI pollution class action lawsuit is Amos Hostleter, et al. v. Johnson Controls Inc., et al., Case No. 3:15-cv00226, in the U.S. District Court for the Northern District of Indiana.

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