DiPirro v. Wagner Spray Tech Corporation, et al.

Posted: 11/09/2001  browse the case archive

In DiPirro v. Wagner Spray Tech Corporation, et al., the parties executed a Consent Judgment on November 9, 2001, which resolved citizen enforcer Michael DiPirro's allegations that the defendant Wagner Spray Tech Corporation ("Wagner") sold power drills whose customary use produces dust containing the heavy metals lead, crystalline silica, arsenic, and chromium, in the State of California, without providing the requisite health hazard warnings.

As part of the settlement, Wagner agreed not to sell any power drills in California after two months after the entry of the Consent Judgment in court, unless the power tools have Proposition 65 warnings provided. The settlement sum does not include additional fees incurred should the office of the Attorney General require further information or need to clarify some aspect of the Consent Judgment.

The Consent Judgment requires settlement payments of $15,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.

Download PDF

It appears your Web browser is not configured to display PDF files. No worries, just click here to download the PDF file.