Facts

In 1945, Joe and R.E. Harrah began operating a machine shop in the city of Willits. In 1961, the facility was named Remco Manufacturing Company (Remco). In 1963, the facility began chromium electroplating whereby metal and another substance were submerged in an acid tank to produce hexavalent chromium. Remco changed owners several times until 1995, when owner M-C Industries Inc. declared bankruptcy. The following year, the city sued Remco for site contamination.

In 1997, the city reached a consent agreement with current and former site owners, which required examination and cleanup. In 2000, the city instituted the Willits Environmental Remediation Trust (Trust) to oversee the cleanup.

Plaintiff Donna Avila and several other former and current city residents sued the Trust, M-C Industries, Pneumo Abex Corporation, and Whitman Corporation alleging negligence, strict liability, and fraudulent concealment.

The Trust and M-C Industries were dismissed from the action.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that they suffered injuries due to exposure to dioxins, volatile organic chemicals and hexavalent chromium. Further, they asserted that the site was the only possible source of the toxins and harmed the plaintiffs via burning waste and groundwater.

DEFENDANTS' CONTENTIONS:
The defendants asserted that testing data did not demonstrate any level of toxins on the site and that the plaintiffs did not have an unusually high level of toxins.

Injuries

The plaintiffs' injuries included headaches, nausea, dizziness, cold, sinusitis, skin disease, pneumonia, bronchitis, short breath, chronic cough, peritonaillar abscess, abnormal blood count, lymphadenopathy, numbness, stomach problems, sleeping disorders, amnesia, fatigue, and breast lump.

Result

The court granted the defendants summary judgment.