Homes of 6 Who Lost Monsanto Suit Liened

CHARLESTON, W.Va. —  Monsanto Co. has filed liens against the homes of six retired employees who lost a lawsuit against the chemical company, and the workers’ lawyer says the move is meant to scare off similar claimants.

The liens were signed Wednesday to cover $304,996 in legal costs that a federal judge awarded Monsanto after the retirees’ unsuccessful suit in which they alleged they were poisoned while on the job.

“This does not mean at this point that we are taking their property, but it does reserve our right to do so,” company spokesman Larry O’Neil said. He said Monsanto will decide whether to foreclose on the workers’ homes once all appeals have been resolved.

The retirees’ lawyer said Monsanto is trying to “break the backs of these men” for suing the firm.

‘It Tore Me Up’

A Monsanto employee at the plant in Nitro, W.Va., where the retirees had worked, said that company officials posted a notice of the liens near the plant time clock.

“In my opinion, that’s a warning,” said security guard Steve Raynes, 56, one of about 130 past and present employees who have filed similar claims against the company. “They kind of got me upset. It tore me up.”

Seven former workers sued Monsanto, saying years of exposure to dioxin and other toxic chemicals at the Nitro plant had ruined their health. The retirees cited medical problems ranging from impotence to cancer, but only one, a worker with bladder cancer, was awarded damages. That worker was awarded $200,000.

In April, 1985, after more than 11 months of testimony, a U.S. District Court jury in Charleston ruled in the company’s favor on most points. The jury found that, while Monsanto was negligent in exposing the workers to dioxin, it did so without knowing the hazards of the chemical.

On Dec. 30, Judge John Copenhaver awarded the company $304,996 to cover its legal costs.

O’Neil said the liens were placed on homes of the six unsuccessful plaintiffs under an agreement approved by Copenhaver and signed by their lawyer, Stuart Calwell.

Had No Choice

He said the agreement allows the workers to continue living in their homes until appeals are completed, when Monsanto will decide whether to foreclose.

O’Neil described the liens as a “standard legal procedure that allows Monsanto to protect its ability to eventually recover court costs owed us by the plaintiffs.”

Calwell said that he had no choice but to sign the agreement and that Monsanto is trying to “break the backs of these men” for bringing the lawsuit.

He also said the company is trying to intimidate others with similar damage claims.

Copenhaver ruled during the trial that Monsanto could be held liable for the workers’ health problems only if the company “knowingly and willfully” injured them.

Monsanto lawyers said the company followed standard industry practices during the period from the late 1940s when the employees worked at the plant.