Kalik v. General Electric Co.
United States District Court for the Western District of Pennsylvania
658 F. Supp. 631 (1987)
Ben Kalik (plaintiff) was the owner and operator of the Swissvale Auto Surplus Parts Company (Swissvale). Swissvale bought junk electrical components, dismantled them, and processed them for scrap. Some of these junk electrical components contained PCBs, a toxic substance. While storing, handling, dismantling, and burning these components, PCBs leaked onto the site. Later, the Environmental Protection Agency spent $1.9 million cleaning up Swissvale’s site, and Swissvale spent $22,000. Kalik sued 27 defendants that manufactured or supplied junk electrical components containing PCBs, seeking to recover its cleanup costs. One of these manufacturers was General Electric Company (GE) (defendant). Kalik alleged that GE negligently failed to warn that its electrical components contained toxic PCBs. GE moved to dismiss for failure to state a claim.
Rule of Law
Holding and Reasoning (Teitelbaum, J.)
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