The David & Burke (D&B) toy company has been in business for over 90 years and

produces many of the nation's top selling toy products. D&B operates its main

manufacturing facility in the town of Bluefield, located in the state of Madison.

Madison, the nation's smallest state (by land size but not population) is also the

manufacturing home to many industrial businesses thus earning the nickname "the

factory state." Indeed, thick, black smoke can be seen pouring out of D&B's tall

chimneys 24 hours a day, 7 days a week.

One of D&B's top selling toys for the past five years has been the popular toy truck, "the

Bronco." With sales in the millions of dollars, D&B has recently ramped up production of

the Bronco by utilizing factory space built for the production of other products, as well as

contracting with various new suppliers of raw materials. D&B production supervisors

have seen their responsibilities grow from the supervision of a few dozen employees

producing 10,000 Broncos per year, to hundreds of employees producing 100,000 Bronco

toy trucks per year.

Recently, however, the Madison State Consumer Products Safety Commission began an

investigation into D&B after several families complained that their children became ill

shortly after they began playing with the Bronco. The investigation revealed that D&B

factories were utilizing a suspicious type of relatively cheap paint to paint the toy

Broncos a bright red, and that this paint contained several toxic chemicals, including lead,

a banned substance. Upon receipt of the investigation report, D&B has voluntarily

removed the Bronco from the market.

Also, over the past two years, the local hospital Bluefield General has seen a noticeable

increase in diagnoses of lung diseases, particularly lung cancer. A review of the medical

files by a hospital administrator and released to the patients revealed that all of the lung

cancer patients grew up in Bluefield in close proximity to the D&B toy factory facility,

and still currently live nearby. Indeed, upon reflection at a cancer support group meeting,

the lung cancer patients recalled the constant smell of fumes and foul air throughout their

youth and into the present day.

The Green family lives within one mile of the D&B toy factory facility and has recently

fallen upon hard times. In addition to Mr. Green's recent diagnosis of lung cancer (which

is particularly troublesome given that Mr. Green does not smoke), 5-year old Billy Green

has also fallen ill inexplicably. For his birthday a few months ago, Billy received a

Bronco toy truck and has been playing with it ever since. At a recent neighborhood

gathering, Mrs. Green was appalled to learn not only of the recent Bronco recall, but also

of the lung cancer cluster occurring right in her own neighborhood.

Mrs. Green is convinced that D&B is responsible for both her husband's and son Billy's

medical problems. She has hired you as counsel and would like you to explain, if any, the

various legal options for "making D&B pay for ruining my family," the types of both

injunctive and monetary relief that may be possible, as well as the chances for success

given the need for evidence. Please discuss.