Case details
City: Landfill-turned-park not a health hazard to residents
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Plaintiffs Diana Bernal-Tuyor, an unemployed 58-year-old, and Nanetta Bernal-Mendoz, 54, a legal secretary, alleged that the city of San Jose, Calif., created a dangerous condition of public property and a public nuisance by establishing a park in 1961 on land where the city had previously operated an incinerator and landfill, between 1915 and 1934. They claimed that exposure to contaminants, particularly cadmium and lead, in the soil at the park and adjacent property where they respectively resided for seven and 14 years caused them to develop and sustain personal . Plaintiffs Mike C. Bernal, Susan Bernal, Lilian Bernal Auvinen, Katherine Lira, Mike A. Bernal, Gary Bernal, Domenico Loverde, Tomas Martinez, Arthur Lira Jr., Jerimiah Lira, Sommer Kai Espinoza, Lucia Bernal and Guillermo Espinoza ultimately settled and/or dismissed their claims before trial. The city claimed that its first notice of contaminated soil occurred in 2004, when excavation work began for the foundation of a skateboard facility in the park. However, it claimed that there were no or ill health effects attributable to the incinerator, landfill or alleged soil contamination in the park before those claimed by Bernal-Tuyor and Bernal-Mendoz., Bernal-Tuyor and Bernal-Mendoz alleged that they developed osteoporosis and suffered from emotional distress and mental deficits. They also claimed that they suffered miscarriages. Each estimated past medical expenses at $4,000 and future medical expenses at $1,000 per year to monitor her osteoporosis. According to defense counsel, at trial each woman sought general damages of $8.45 million.
COURT
Superior Court of Santa Clara County, Santa Clara, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
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- headaches
- hearing
- impairment
- insomnia
- loss of
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- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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