MORGANTOWN, W.Va. (AP) — Fifteen West Virginia families who blame ailments ranging from rashes to cancer on long-term toxic exposure to former DuPont zinc-smelting plant are heading back to state court.
U.S. District Judge Irene Keeley remanded their lawsuit to Harrison County Circuit Court in a ruling Monday.
Keeley said the plaintiffs can make a case in state court on claims of negligence and strict liability.
The plaintiffs have already won a class-action lawsuit over pollution from the former plant in Spelter.
The separate personal-injury case seeks damages for dozens of maladies they attribute to arsenic, cadmium, lead and other toxins.
They also want damages for pain and suffering, medical testing and treatment, lost wages and emotional distress.