By Peter Hayes
A teacher and students at a Southern California elementary school presented enough exposure and causation evidence to proceed with claims stemming from a toxic plume that migrated from an adjacent industrial site, the Southern District of California ruled ( Trujillo v. Ametek, Inc. , 2017 BL 246482, S.D. Cal., No. 15-cv-1394, 7/17/17 ).
The ruling allows a proposed class action to proceed against Senior Operations LLC and Ametek, Inc., the current and former owners of a factory next to Magnolia Elementary School.
The suit isn’t frivolous merely because the California Department of Toxic Substances Control has concluded that Magnolia’s occupants don’t face any human health risk as a result of the underground plume, the court said.
The plaintiffs met their burden by presenting expert reports stating they were exposed to “a significant level of chemical toxins that has increased their risk of developing certain health problems,” the court said.
The complaint alleges that toxins in an underground waste storage tank leaked, causing a plume containing trichloroethylene, benzene, toluene and other contaminants to spread to the school property.
The plaintiffs are seeking compensatory and punitive damages as well as medical monitoring costs.
The court in June 2016 issued a case management order requiring each named plaintiff to make a showing of exposure, increased risk of specific injury and causation, but did not require that such a showing be made as to any of the putative class members.
Judge Gonzalo P. Curiel issued the opinion.
Baron & Budd PC represents the plaintiffs.
Procopio, Cory, Hargreaves & Savitch, LLP represents Ametech.
Buchanan Ingersoll & Rooney PC, represents Senior Operations.
To contact the reporter on this story: Peter Hayes in Washington at PHayes@bna.com
To contact the editor responsible for this story: Steven Patrick at email@example.com
The opinion is available at http://src.bna.com/qSg
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)