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In reply to the discussion: Who is old enough to remember the "under the desk" [View all]JDPriestly
(57,936 posts)In October 1997, Barbara A. McKelvey and John Walakavage (collectively McKelvey) filed a class action against Boeing North American, Inc., Rockwell International Corporation, Rocketdyne, Inc., Atomics International, Inc., Hughes Aircraft Company and others.1 In her first amended complaint filed in April 1998, McKelvey alleges that, beginning in the 1940's and continuing into the 1980's, Boeing systematically, methodically and generally caused the contamination of the land at and around four of its Southern California facilities (the Rocketdyne facilities), as a result of which McKelvey was damaged.2 She alleges that tests conducted by Boeing during 1991 confirmed the existence of groundwater contamination and that, during the early 1990's, both the federal government and the State of California issued clean up orders. She alleges that, in 1994, two physicists were killed and a technician was injured in an explosion at one of the Rocketdyne facilities. She alleges that there followed a series of lawsuits, including wrongful death claims by the physicists' families, a shareholders' action, and criminal charges alleging the illegal storage and disposal of hazardous waste. Guilty pleas were ultimately entered and a fine of $6.5 million was paid. She does not allege that she was unaware of any of these events.
McKelvey alleges that Boeing's operations ․ were veiled in secrecy. Thousands of residents and workers in the surrounding communities, for decades, have used and continue to use drinking water, to garden and work the contaminated soil and to eat citrus and vegetables growing in the contaminated soil on their properties. Those who worked at or near the Rocketdyne Facilities inhaled, ingested and were otherwise exposed to the contaminated soil, water and vapors. Further, these residents and workers have used and enjoyed and continue to use and enjoy their neighborhoods, community, homes and properties while unknowingly being exposed to contaminants contained in the soil and groundwater. Not only were they unknowingly ingesting TCE, they were consuming many other hazardous wastes. These hazardous substances were released into the soil and groundwater, causing further exposure. Even though public notices and newspaper articles were published about [Boeing's] intentional, reckless and/or negligent conduct, Plaintiffs were and are not aware of the actual and potential harm caused by this conduct.
Emphasis added.) McKelvey does not say when or how she ultimately learned whatever it was she needed to know to file her lawsuit.3
http://caselaw.findlaw.com/ca-court-of-appeal/1129531.html