ELR Citation: ELR 20001
No(s). 35019 (E.D. Mich. Nov 10, 1971)

Plaintiffs are more than 50 residents of Ontario, Canada, and defendants are three corporations located in Wayne County, Michigan. For further facts, see ELR Dig. [180]. Where the effects of defendants' alleged acts is a single, indivisible injury—here illness and property damage caused by air pollution from defendants' plants—and where such injury might not have occurred but for the concurrence of said acts, Michigan law regards the actors as joint tortfeasors, and the amounts claimed each may be added together to meet the requirement of $10,000 jurisdictional amount, even though defendants did not act in concert. Plaintiffs' claims that their injuries were inflicted either intentionally or through negligence amounting to reckless or willful and wanton behavior are here more than "colorable." The punitive damages sought may also be considered in computing the jurisdictional amount.

Counsel for Plaintiffs
Donnelly W. Hadden
Ripple & Chambers
1720 First Federal Building
Detroit, MI 48226
(313) 961-0130

Counsel for Allied Chemical Corp.
Leslie W. Flemming
Butzel, Eaman, Long, Gust & Kennedy
1881 First National Building
Detroit, MI 48226
(313) 963-8142

Counsel for Detroit Edison Company
Richard Ford
Fischer, Sprague, Franklin & Ford
100 Commonwealth Building
Detroit, MI 48226
(313) 962-5210

Counsel for Great Lakes Steel Corp.
Edward T. Goodrich
Hill, Lewis, Adams, Goodrich & Tait
3700 Penobscot Building
Detroit, MI 48226
(313) 962-6485