Rhodes v. E.I. Du Pont De Nemours And Co

657 F.Supp.2d 751 (2009)

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Nature of the Case

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Facts

For an extended period of time, D's plant has discharged perfluorooctanoic acid (PFOA) into the environment surrounding the plant. PFOA also has accumulated in Rhodes's (P) blood and has been detected in the homes of other customers of the Water Department. Ps filed a complaint against D. Ps asserted six common law claims, individually and on behalf of a class of customers of the Water Department, addressing the contamination of their municipal water supply and the resulting presence of PFOA in their blood. D removed the case to the federal district court, invoking the court's diversity jurisdiction. The district court denied P's motion for class certification of the traditional common law tort claims. Ps amended their complaint to add individual and class claims asserting a cause of action for public nuisance. The plaintiffs also sought leave to file a second motion for certification of a class to seek medical monitoring relief incident to the traditional common law tort claims, except battery, which they had asserted in their earlier complaint. The district court denied this request. D then filed this motion seeking summary judgment on all the plaintiffs' claims. Ps asserted negligence, gross negligence, private nuisance, past and continuing trespass, past and continuing battery, medical monitoring, and public nuisance.