A new lawsuit brought by a group of Oregon residents claims that Precision Castparts has released heavy metals and toxic chemicals into public areas. The class action complaint claims that the residents have been exposed to “hot spots” of these carcinogenic materials. The lead plaintiff in the lawsuit alleges that the company, which makes aircraft parts and engine parts, has emitted substances like arsenic and nickel, thereby contaminating businesses, homes, and public areas. If an individual is exposed to dangerous levels of arsenic and nickel, a number of devastating health conditions may result, including lung damage, nerve damage, and birth defects.
The complaint states that roughly 5,000 homes within the area have been exposed to toxic chemicals and that they will continue to suffer this exposure even if the company ceases its allegedly tortious activity. The named plaintiffs consist of four individuals who each live within one mile of the defendant’s business location. They allege that they have been deprived of the use and enjoyment of the area surrounding their homes as a result of the airborne contamination and that they have incurred damages as a result of having to purchase air filtration systems.
In a 2013 study performed by the University of Massachusetts, the company was deemed the worst industrial air polluter in the United States. Both the Oregon Department of Environmental Quality and the U.S. Forest Service have issued studies that name the defendant as one of the biggest polluters in Portland, stating that the company was responsible for much of the contamination in the citywide area. To reach this conclusion, the agencies performed tests on samples of moss from trees within the area. Since moss absorbs ambient pollutants from the surrounding air, it is a good indicator of the amount of toxic chemicals in the air.
To proceed with a class action lawsuit, the plaintiffs will first need to obtain a class certification ruling from the presiding judge. According to the Federal Rules of Civil Procedure, the plaintiffs must establish four elements to obtain this ruling. They must show that there are so many plaintiffs that joinder of all parties in the action is not practicable, that there are common questions of law and fact among the plaintiffs’ claims, that the representative plaintiffs have claims or defenses that are common to the rest of the class members, and that the lead plaintiffs will represent the class-wide interests fairly and adequately.
If you have been exposed to toxic chemicals and suffered physical or financial harm as a result, your family and you may be entitled to compensation. At Moll Law Group, our team of experienced federal class action lawyers is prepared to help you investigate your claim and to pursue the settlement or the judgment that you deserve. Representing clients throughout the United States, including in Illinois, Texas, California, and Florida, we offer a free consultation to help you learn more about your legal rights and how we may be able to help you. Call us at 312-462-1700 or contact us online to schedule your appointment now.