Barron v. Martin-Marietta Corp

868 F.Supp. 1203 (N.D. Cal. 1994)

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Nature of the Case

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Facts

Ps were all exposed to fumes leaking from missile canisters when they place them in storage after removal from the USS Nannie Keg. They became light headed and dizzy and abandoned the area. Ps claim to have suffered grievous personal injuries about the head, neck, torso and extremities, including injury to the nervous system and internal organs including organic brain dysfunction, acute toxic encephalopathy, memory dysfunction, mild organic mood syndrome, mild gait dysfunction, respiratory irritation, acute inhalation injury with bronchospasm, sinusitis and depression. Ps also added into the claim a fear of cancer. They adduced no evidence that they have suffered physical injuries with which there is a verifiable causal nexus to cancer. They were most likely exposed to toluene. D manufactured its canisters pursuant to a contract between D and the U.S. Government. The contract provided for the design and manufacture of canisters according to specifications that were precise as to the general design of the canisters. D moved for summary judgment and/or summary adjudication on the following grounds: (1) the government contractor defense immunizes D from liability; (2) the missiles or canisters did not cause Ps' injuries; and (3) Ps cannot recover damages for 'fear of cancer.'