Laura Ward et al. v. Lockheed Martin Corp. et al.
Jan 01, 2010OUTCOME: Settlement
Type of Action: Environmental Litigation - Groundwater Contamination Name of Case: Laura Ward et al. v. Lockheed Martin Corp. et al. Court/Case No.: Civil Action No. 2005-CA-4707 Special Dam ... ages: Property Damage and Emotional Distress Claims: Awarded/Settled: Settled in Mediation Amount: Confidential Plaintiff’s Attorneys: Greg Webb, Gary Kendall, of Michie Hamlett, Charlottesville, VA Robert Walker, of Robert Walker & Associates, Richmond, VA Garrett M. Smith, Garrett M. Smith PLLC Edward B. Cottingham, Cottingham Law Firm, Charleston, SC Frederick Baker, Fidelma Fitzpatrick, Jonathan Orent, Laura Khare, Michaela McGuiness, of Motley Rice, Mt. Pleasant, SC Kent G. Whittemore, Whittemore Law Group, St. Petersburg, FL Plaintiff’s Experts: Dr. Ronald W. Falta, Ph.D., Civil Engineering and Mineral Engineering, Clemson, SC Dr. Peter L. DeFur, Biology, Neurophysiology, Environmental Science, Richmond, VA Dr. Robert Simons, Ph.D., Economics, City & Regional Planning, Cleveland, OH Mediator: Confidential. Other Useful Information: Plaintiffs, 272 residents of Tallevast, Florida, a small community in Florida, mediated and ultimately settled their groundwater contamination cases against Lockheed Martin Corporation. The Tallevast community is located between the cities of Sarasota and Bradenton, Florida in southern Manatee County and is a blend of single-family residential homes and light commercial and industrial development. From 1962 until 1996, the American Beryllium Company and its successors operated a facility at 1600 Tallevast Road. The facility housed a machine parts manufacturing plant where metals were milled, lathed, and drilled into various components. Chemicals used and wastes generated at the facility included oils, petroleum based fuels, solvents, acids, and metals. In 1996, Lockheed Martin (“LMCâ€) merged with Loral, thus acquiring the liabilities of the American Beryllium Company and taking possession of the facility. In 2000, LMC sold the property. In 2004, the residents of Tallevast were notified that the groundwater surrounding the plant and throughout the Tallevast community contained elevated (exceeding federal limits) levels of Volatile Organic Compounds (“VOCâ€), primarily TCE, TCA, DCE, DCA, and vinyl chloride. The disclosure of the contamination came more than 8 years after LMC had acquired the liabilities for the former Loral / ABC site and more than four (4) years after LMC had sold the site. Plaintiffs alleged that LMC knew, or should have known, of the high concentrations of VOC’s, and their migration offsite into the nearby, surrounding Tallevast Community, in 1996. Plaintiffs also alleged there were multiple homes that had been consuming well-water contaminated with the VOC’s. In 2005, approximately 272 plaintiffs, including the six bellwether trial plaintiffs, filed a single lawsuit for: (1) the damages they suffered to their property as a result of the Defendants’ release of hazardous chemicals into Plaintiffs’ neighborhood; (2) the damages they suffered as a result of the nuisance created by the Defendants; and (3) damages for emotional distress. The suit was filed under a variety of legal theories, including strict liability, negligence, violation of Fla. Stat. § 376.313, trespass, private nuisance, and intentional infliction of emotional distress. The case ultimately resolved at the end of 2010.
