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Santa Clara County Judge Ups Penalty in Lead-Paint Case

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(Wayne Marshall/Flickr)
(Wayne Marshall/Flickr)


By The Associated Press

A San Jose judge has increased by $50 million the amount that paint makers will have to pay into a fund to remove lead paint from homes across the state.

Santa Clara County Superior Court Judge James P. Kleinberg on Tuesday issued a final verdict ordering Sherwin Williams, National Lead and ConAgra to pay $1.15 billion after finding that the companies knew the paint was harmful to children.

A tentative ruling issued in December after a five-week nonjury trial had said the companies would have to pay $1.1 billion.

Throughout the case, the industry had argued that the old paint is not a significant public health risk and that the companies never deliberately sold a harmful product.

Kleinberg rejected those arguments Tuesday, citing documents dating back to 1900.

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The 10 jurisdictions awarded damages are the counties of Santa Clara, Alameda, Los Angeles, Monterey, San Mateo, Solano and Ventura, and the cities of Oakland, San Diego and San Francisco.

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