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KOWALSKI v. GOODYEAR TIRE AND RUBBER CO.

No. 92-CV-380C.

841 F.Supp. 104 (1994)

Dorothy J. KOWALSKI and Louis Kowalski, Jr., her spouse, Plaintiffs, v. The GOODYEAR TIRE & RUBBER COMPANY, Defendant.

United States District Court, W.D. New York.

January 4, 1994.

Attorney(s) appearing for the Case

Steven H. Wodka, Little Silver, NJ, and John N. Lipsitz, Buffalo, NY, for plaintiffs.

Volgenau & Bosse (Diane F. Bosse, of counsel), Buffalo, NY, for defendant.

BACKGROUND

CURTIN, District Judge.

Plaintiffs Dorothy J. and Louis Kowalski, Jr., bring this action in negligence and strict liability against defendant Goodyear Tire & Rubber Company ("Goodyear"). The Kowalskis allege that Goodyear failed to prevent the release of ortho-toluidine, an abnormally dangerous hazard, from its Niagara Falls plant, contaminating the plaintiffs and causing Mrs. Kowalski to contract bladder cancer. The release occurred...

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