ELR Citation: 44 ELR 20262
(S.D. Cal. Nov 20, 2014) (Benitez, J.)

A district court, in a 120-page decision, dismissed claims that the U.S. Navy negligently exposed a child to thallium dust during its cleanup of a contaminated landfill site. The child's family, which lived next to the site, alleged that wind-blown dust migrated to their yard and home and caused her neurological damage, gastrointestinal disorders, hair loss, pain, and severe emotional distress. But none of the evidence supports the family's claims. Evidence of causation is scant and unreliable and does not support claims that the Navy's failure to monitor air quality caused the child's injuries. Nor does the evidence show that wind-borne thallium dust in hazardous quantities escaped from the landfill and entered the child's living environment. Similarly, the evidence fails to show that the child's injuries stem from thallium poisoning.