Automakers May Pay Asthmatic Plaintiffs in Tokyo Smog Suit

A Tokyo High Court panel may include lump-sum payments to asthmatic plantiffs by seven major Japanese automakers as part of a proposed out-of-court settlement in a long-running air pollution lawsuit. The suit, which claims exhaust fumes from diesel vehicles caused the plaintiffs to develop asthma, seeks compensation from the seven automakers, the Japanese government, the […]

Smog

A Tokyo High Court panel may include lump-sum payments to asthmatic plantiffs by seven major Japanese automakers as part of a proposed out-of-court settlement in a long-running air pollution lawsuit.

The suit, which claims exhaust fumes from diesel vehicles caused the plaintiffs to develop asthma, seeks compensation from the seven automakers, the Japanese government, the city of Tokyo, and a group of highway operators. Automakers named as defendants include Toyota, Isuzu, Mazda, Mitsubishi, Nissan, Nissan Diesel, and Toyota subsidiary Hino Motors.

The court is also expected to ask that the government tighten regulations to curb vehicle emissions. In addition, the seven automakers have agreed to start talks on a massive health-care subsidy plan proposed by the Tokyo Metropolitan Government as part of the settlement. The proposal would cover health-care expenses for all bronchial asthma patients aged 18 or older in Tokyo and cost "about 4 billion yen per year." Plaintiffs want subsidies to cover medical costs for emphysema and chronic bronchitis as well.

So far, sources say, the manufacturers "appear reluctant" to agree to the lump-sum payments. The Japanese central government has refused to cooperate in any plans for a possible settlement.

A formal draft of the settlement is expected in early February.

In 2002, the Tokyo District Court "ordered the defendants to pay a combined 79 million yen in damages to the plaintiffs after recognizing the connection between air pollution and their respiratory maladies, but exempted the automakers from the payment order." Both sides appealed that ruling.