Defense lawyers say they'll take most of the day to make arguments before the jury.

01:00 AM EST on Tuesday, February 7, 2006

BY PETER B. LORD
Journal Environment Writer

PROVIDENCE -- Superior Court Judge Michael A. Silverstein yesterday said he planned closing arguments in the state's historic lead-paint nuisance suit against four major corporations to begin tomorrow morning, two days later than he previously scheduled.

Lawyers for the state and the four defendants have argued throughout the last week on various motions to dismiss parts of the case, to drop certain charges and to specify points that will be made in the judge's final charge to the jury.

Silverstein yesterday sided with the defendants and struck down the state's arguments for compensatory damages to pay for expenses already made by the state in response to lead-poisoning problems caused by paints.

Weeks ago the judge ruled against allowing testimony from two state witnesses who would have said that the state has already spent some $27 million responding to lead problems. His ruling yesterday also struck down about $500,000 in damages that were documented in written evidence submitted by the state.

Silverstein also ruled yesterday to throw out the state's claims for indemnity and unjust enrichment against the companies. Those claims were linked to the value of the services the state provided in response to the problems caused by the paint-company products.

John Tarantino, representing Atlantic Richfield, said that with all the other damage claims thrown out, the jury would have no information to base a decision on. Fidelma Fitzpatrick, representing the state, said she hoped the judge would establish the value of the claims.

The jury will still be asked to decide if ARCO, NL Industries, Millennium Holdings Ltd. and Sherwin Williams Co. created a public nuisance by making and selling the paints that years later poisoned more than 33,000 children in Rhode Island. And if the six-person jury does decide the companies caused a nuisance, the court would decide on an abatement program that could cost billions of dollars, according to some experts.

The defense lawyers said they would take much of the day tomorrow to make their closing arguments. State lawyers said they will need an additional three hours. Silverstein said he hopes to send the case to the jury by Friday.

plord@projo.com/ (401) 277-8036