IN THE CIRCUIT COURT OF LAWRENCE COUNTY, · PDF file30/1/2017 · BETTY JOHNSON )...

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IN THE CIRCUIT COURT OF LAWRENCE COUNTY, ALABAMA

CIVIL ACTION NO.: ________________________

CHARLES OWENS )

ALEXIS ACOSTA )

VANESSA ACOSTA ) THOMAS AIMS JR. )

JAMIE ALEXANDER )

QUINNSHAY ALEXANDER )

CAROLYN ASHFORD )

ERIC ASHFORD )

ERICA ASHFORD )

TRAVIA ASHFORD )

WHITNEY ASHFORD )

TRACINE AUSTIN )

JONATHAN AYERS )

SHIRLEY AYERS )

CARL BELL ) A'NAUTICA BIBBS )

RE'KENDRIC BIBBS ) ANGIE BILLINGS )

MILTON BOLDEN )

JEANETTE BOLDING )

ROBERT BOLLING )

CASSANDRA BOYD )

CHRESTEANN BOYD )

UWEANE BOYD )

VIRGINIA BOYKIN )

NORMAN BUCHMAN )

BARBARA BYRD )

JESSE BYRD )

PERCY BYRD )

LATONYA CARTER )

SHARON CATER )

SHAVONNE CATER )

STEVEN CATER )

MARY CLARK )

DAVID CLAY )

RUTH CLAY )

TANGELIA COSBY )

ANGELICA DAVIS )

ESTELLA DAVIS )

JAMES DAVIS )

SHIRLEY DAVIS )

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TRISTEN DAVIS )

WILLIE DAVIS )

MATTHEW DRAPER )

SHONTAVIA EDWARDS )

ALFENIE ELLIOT )

CELIA ELLIOT )

SAMUEL ELLIOT )

GLINDA EMERY )

W.W. & SONJA FIELDING )

CORTELLA FOSTER )

SHANNON FOSTER )

CHADRIC FREEMAN )

FREDERICK FREEMAN )

TAYLOR FREEMAN )

LARRY GARNER )

MARTIN GARNER )

MINNIE GARNER )

WHITNEY GARNER )

EVA GARTH )

ROSCOE GOINES )

AARON GOODE )

DOROTHY GOODE )

JAMIR GOODLOE )

BRITTNEY GREEN )

DOROTHY GREEN )

QUENTON GREEN )

SOPHIE GREEN )

PATRICK HANNAY )

BENNIE HARRIS )

BENRICK HARRIS )

BESSIE HARRIS )

CLINTON HARRIS )

CYNTHIA HARRIS )

JAMES HARRIS )

JAMIYLA HARRIS )

MALISIA HARRIS )

MARY HARRIS )

SHIANN HARRIS )

MARCUS HENSON )

TAMMY HICKS )

TANGIA HICKS )

ELLA HILL )

EMMA HILL )

FELICIA HILL )

JONATHAN HILL )

CAROL HOLDEN )

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CASEY HOLDEN )

CORESH HOOD )

DERICK HOOD )

GORDON HOOD )

JORDAN HOOD )

LATARSHA HOOD )

REBECCA HOOD )

CHRISTOPHER HOOD JR. )

ADRIAN HOWLET )

ANNIE HOWLET )

JOCYE HOWLET )

BENJAMIN HOWLET JR. )

ADAYSHIA HOWLETT )

TELVIN HOWLETT )

BRENDA JACKSON )

HENRY JACKSON )

MIGUIL JACKSON )

BETTY JOHNSON )

BONNIE JOHNSON )

CLAVA JOHNSON )

JAMES JOHNSON )

LUCILLE JOHNSON )

MATTIE JOHNSON )

SUSIE JOHNSON )

KATRONICA JONES )

TERRY JONES )

BEVERLY JONES )

TONIKA JONES )

TAYTYANA KELLAM )

BARRY KING )

BERTHA LANGHAM )

CAROLYN LANGHAM )

LAKENDRA LANGHAM )

STEVEN LANGHAM )

TANESHA LANGHAM )

TESHAWNA LANGHAM )

JAMES LEACH JR. )

TONYA LECROIX )

NA'KERRA LEWIS )

NATASHA LEWIS )

KIRA LEWIS, JR. )

SENECIA LITTLE )

EMMA LYNCH )

ROBERT LYNCH )

JADAKIS MADDEN )

ROYRECUS MADDEN )

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ERNESTINE MARTIN )

ALBERTA MASON )

DEBRA MASON )

LATASHA MASON )

MICHAEL MASON )

PRESTON MASON )

TONJA MASON )

WANDA MASON )

WILLIAM MASON )

WILLIE MASON )

BRUCE MASON SR. )

RICHARD MASON, SR. )

SHANTE MCCOG )

EMMA MCCOY )

RALPH MCCOY )

DEBRA MCCURRY )

STEVEN MCCURRY )

TEELA MCCURRY )

CAROL MCDONALD )

DONZELLA MCGAHEE )

HORTENSE MILLER )

MATTIE MILLER )

MIA MILLER )

GLEN MITCHELL )

GREGORY MITCHELL )

BETTY MOORE )

BRENESTIA MOORE )

BRIAN MOORE )

CHRISTY MOORE )

LIZ MOORE )

MARCUS MOORE )

MICHAEL MOSLEY )

GLADYS MOYES )

BRENDA NAPIER )

JA' NAYA NAPIER )

JANASHYA NAPIER )

JASON NAPIER )

JEFFERY NAPIER )

JEYCELYN NAPIER )

JUSTIN NAPIER )

MELISSA NAPIER )

OMARES NAPIER )

JAMES NAPIER, III )

JAMES NAPIER, JR. )

TERESA NEWSOME )

JRVEL ORR )

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ELLIS OWENS )

EVA OWENS )

SHANNON OWENS )

TRACY OWENS )

ISAIAH PEARSON )

SUSIE PERKINS )

BETTY POINTER )

MOLLIE POINTER )

SHERRY POINTER )

JONATHAN POINTER, SR. )

LESLIE PORTER )

DELORIS PRUITT )

CARL PURYEAR )

PATRICIA PURYEAR )

DARRYL REDUS )

CARL REID )

LELA REID )

BOBBY RICKS )

BRENDA RICKS )

DIANA RICKS )

EARNEST RICKS )

MARY RICKS )

TERRY ROBINSON, JR. )

GEROME RUSSELL )

AMANDA RUTHERFORD )

DUSTIN SANDERS )

HENRY SANDERS )

PRESTON SANDERS )

SHILLAR SANDERS )

COURY SCRUGGS )

GLADY SCRUGGS )

KENDRICK SCRUGGS )

TERRY SCRUGGS )

CORY SHACKELFORD )

FELICA SHACKELFORD )

LATASHA SHACKELFORD )

ROCHELLA SHACKELFORD )

LEAH SIMMONS )

YAMONIE SIMMONS )

DELORIS SMITH )

EVA SMITH )

LEO SMITH )

NATHANIEL SMITH )

TENECIA SMITH )

LOVENE STANLEY )

LAKENYA STEVENS )

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TAMIKA STONE )

DONELL STOVER )

CLEMENTINE SWOORE )

MANDEL SWOORE )

ROY THOMAS JR. )

PEGGY TOWNS )

DJUANNA TRAUPE )

TYSON TRUITT )

BERNARD TURNER )

JIMMIE VINSON )

CELOR WARREN )

CHARLES WARREN, SR. )

RYLEIGH WASHINGTON )

ASHANTIA WATKINS )

LAKERYN WATKINS )

LAWANDA WATKINS )

TROY WATKINS )

ZABRADEN WATKINS )

ALEX WEST )

HAILEY WEST )

KENDALL WEST )

NICOLE WEST )

WILLIAM WEST )

FREDERICK WIGGINS )

GLORIA WIGGINS )

NORRIS WIGGINS )

STELLA WILLAND )

BARBARA WILLIAMS )

SEMELCO WILLIAMS )

ULYESS WILLIAMS )

EXON WILLIAMS, SR. )

CALLI WILSON )

SCOTTIE YOUNG )

THOMAS YOUNG, )

ANGELA ABBASI )

MOHAMMAD ABBASI )

BOYD ALMA )

GRANNESSI BATES )

JORDYN BECK )

JOURNEY BECK )

PAUL BOLDEN

KENNETH CONNIE

DARIUS COOPER

MEARIA COOPER

JASMINE CURRY

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LISA CURRY

JONATHAN DOSS

JAIREN EATON

TIFFANY FAIN

JAKALEB GOODWIN

BRITTNEY GREEN

JEREMY GREEN

JERRY LEE GREEN

JERRY O GREEN

OLIVIA GREEN

QUENTIN GREEN

MARK JONES

ERICA KING

STEVE KING

WANDA KING

AMBER LAMPKIN

ANGELA LAMPKIN

JEFFEKIA LAMPKIN

TAMRA LAMPKIN

SANDRA LANGHAM

TAMARA LANGHAM

BRYCE LIPSCOMB

LINDA LIPSCOMB

MARGARET LIPSCOMB

MONTOYA MADDEN

JAWAIYA MASON

LATRIA MASON

COREY MCLAUREN

MARIAH MCLAUREN

ADRIANE MOSLEY

IMUGENE MOSLEY

WANDA MOSLEY

GREGORY O'NEAl ORR

WILLARD ORR

WILLARD ELON ORR

JULIAN PURYEAR

LEROY PURYEAR

LINDA PURYEAR

RODNEY PURYEAR

SAMANTHA PURYEAR

VIVIAN SARUSE

ROBERT SMITH JR.

ANTHONY SPANGLER

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CHIQUITA SPANGLER )

HENRIETTA SPANGLER )

ANNETTE STANLEY )

BENJAMIN STANLEY )

BERNICE THORNE )

ALLYAH TORAIN )

MATTHEW TORAIN )

RUBY TORAIN )

KIARA YOUNG ) )

Plaintiffs, )

v. )

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3M COMPANY, INC., a corporation; )

DYNEON L.L.C., a limited liability )

company; and DAIKIN AMERICA, INC., )

a corporation, )

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Defendants. )

COMPLAINT

1. Plaintiffs Charles Owens, Alexis Acosta, Vanessa Acosta, Thomas Aims Jr.,

Jamie Alexander, Quinnshay Alexander, Carolyn Ashford, Eric Ashford, Erica Ashford, Travia

Ashford, Whitney Ashford, Tracine Austin, Jonathan Ayers, Shirley Ayers, Carl Bell,

A'Nautica Bibbs, Re'Kendric Bibbs, Angie Billings, Milton Bolden, Jeanette Bolding, Robert

Bolling, Cassandra Boyd, Chresteann Boyd, Uweane Boyd, Virginia Boykin, Norman

Buchman, Barbara Byrd, Jesse Byrd, Percy Byrd, Latonya Carter, Sharon Cater, Shavonne

Cater, Steven Cater, Mary Clark, David Clay, Ruth Clay, Tangelia Cosby, Angelica Davis,

Estella Davis, James Davis, Shirley Davis, Tristen Davis, Willie Davis, Matthew Draper,

Shontavia Edwards, Alfenie Elliot, Celia Elliot, Samuel Elliot, Glinda Emery, W.W. & Sonja

Fielding, Cortella Foster, Shannon Foster, Chadric Freeman, FrederickFreeman, Taylor

Freeman, Larry Garner, Martin Garner, Minnie Garner, Whitney Garner, Eva Garth, Roscoe

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Goines, Aaron Goode, Dorothy Goode, Thomas Goode Jr., Jamir Goodloe, Brittney Green,

Dorothy Green, Quenton Green, Sophie Green, Patrick Hannay, Bennie Harris, Benrick Harris,

Bessie Harris, Clinton Harris, Cynthia Harris, James Harris, Jamiyla Harris, Malisia Harris,

Mary Harris, Shiann Harris, Marcus Henson, Tammy Hicks, Tangia Hicks, Ella Hill, Emma

Hill, Felicia Hill, Jonathan Hill, Carol Holden, Casey Holden, Coresh Hood, Derick Hood,

Gordon Hood, Jordan Hood, Latarsha Hood, Rebecca Hood, Christopher Hood Jr. , Adrian

Howlet, Annie Howlet, Jocye Howlet, Benjamin Howlet Jr., Adayshia Howlett, Telvin Howlett,

Brenda Jackson, Henry Jackson, Miguil Jackson, Betty Johnson, Bonnie Johnson, Clava

Johnson, James Johnson, Lucille Johnson, Mattie Johnson, Susie Johnson, Katronica Jones,

Terry Jones, Beverly Jones, Tonika Jones, Taytyana Kellam, Barry King, Bertha Langham,

Carolyn Langham, Lakendra Langham, Steven Langham, Tanesha Langham, Teshawna

Langham, James Leach Jr. , Tonya LeCroix, Na'Kerra Lewis, Natasha Lewis, Kira Lewis, Jr.,

Senecia Little, Emma Lynch, Robert Lynch, Jadakis Madden, RoyreCus Madden, Ernestine

Martin, Alberta Mason, Debra Mason, Latasha Mason, Michael Mason, Preston Mason, Tonja

Mason, Wanda Mason, William Mason, Willie Mason, Bruce Mason Sr., Richard Mason, Sr.,

Shante McCog, Emma McCoy, Ralph McCoy, Debra McCurry, Steven McCurry, Teela

McCurry, Carol McDonald , Donzella McGahee, Hortense Miller, Mattie Miller, Mia Miller,

Glen Mitchell, Gregory Mitchell, Betty Moore, Brenestia Moore, Brian Moore, Christy Moore,

Liz Moore, Marcus Moore, Michael Mosley, Gladys Moyes, Brenda Napier, Ja' Naya Napier,

Janashya Napier, Jason Napier, Jeffery Napier, Jeycelyn Napier, Justin Napier, Melissa Napier,

Omares Napier, James Napier, III, James Napier, Jr., Teresa Newsome, Jrvel Orr, Ellis Owens,

Eva Owens, Shannon Owens, Tracy Owens, Isaiah Pearson, Susie Perkins, Betty Pointer,

Mollie Pointer, Sherry Pointer, Jonathan Pointer, Sr., Leslie Porter, Deloris Pruitt, Carl Puryear,

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Patricia Puryear, Darryl Redus, Carl Reid, Lela Reid, Bobby Ricks, Brenda Ricks, Diana Ricks,

Earnest Ricks, Mary Ricks, Terry Robinson, Jr., Gerome Russell, Amanda Rutherford , Dustin

Sanders, Henry Sanders, Preston Sanders, Shillar Sanders, Coury Scruggs, Glady Scruggs,

Kendrick Scruggs, Terry Scruggs, Cory Shackelford, Felica Shackelford, Latasha Shackelford,

Rochella Shackelford, Leah Simmons, Yamonie Simmons, Charlotte Simpson, Forrest,

Simpson, Johnnie Simpson, Kaelin Simpson, Mattie Simpson, Deloris Smith, Eva Smith, Leo

Smith, Nathaniel Smith, Tenecia Smith, Lovene Stanley, Lakenya Stevens, Tamika Stone,

Donell Stover, Clementine Swoore, Mandel Swoore, Roy Thomas Jr., Peggy Towns, Djuanna

Traupe, Tyson Truitt, Bernard Turner, Jimmie Vinson, Celor Warren, Charles Warren, Sr. ,

Ryleigh Washington, Ashantia Watkins, LaKeryn Watkins, LaWanda Watkins, Troy Watkins,

ZaBraden Watkins, Alex West, Hailey West, Kendall West, Nicole West, William West,

Frederick Wiggins, Gloria Wiggins, Norris Wiggins, Stella Willand, Barbara Williams,

Semelco Williams, Ulyess Williams, Exon Williams, Sr., Calli Wilson, Scottie Young, Thomas

Young, Angela Abbasi. Mohammad Abbasi. Boyd Alma, Grannessi Bates, Jordyn Beck,

Journey Beck, Paul Bolden, Kenneth Connie, Darius Cooper, Mearia Cooper, Jasmine Curry,

Lisa Curry, Jonathan Doss, Jairen Eaton, Tiffany Fain, Jakaleb Goodwin, Brittney Green,

Jeremy Green, Jerry Lee Green, Jerry O Green, Olivia Green, Quentin Green, Mark Jones,

Erica King, Steve King, Wanda King, Amber Lampkin, Angela Lampkin, Jeffekia Lampkin,

Tamra Lampkin, Sandra Langham, Tamara Langham, Bryce Lipscomb, Linda Lipscomb,

Margaret Lipscomb, Montoya Madden, Jawaiya Mason, Latria Mason, Corey Mclauren,

Mariah Mclauren, Adriane Mosley, Imugene Mosley, Wanda Mosley, Gregory O'neal Orr,

Willard Orr , Willard Elon Orr, Julian Puryear, Leroy Puryear, Linda Puryear, Rodney Puryear,

Samantha Puryear, Vivian Saruse, Robert Smith Jr., Anthony Spangler, Chiquita Spangler,

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Henrietta Spangler, Annette Stanley, Benjamin Stanley, Bernice Thorne, Allyah Torain,

Matthew Torain, Ruby Torain, and Kiara Young (hereinafter “Plaintiffs”) are individuals over

nineteen (19) years of age residing in Lawrence County, Alabama, and/or Morgan County,

Alabama.

2. Defendant 3M Company, Inc. (“3M”) is a foreign corporation qualified to do

business in the State of Alabama, and was doing business in Morgan County, Alabama, at all

relevant times.

3. Defendant Dyneon, L.L.C. (“Dyneon”), is a wholly owned subsidiary of

Defendant 3M, a foreign corporation, doing business in Morgan County at all times relevant

hereto.

4. Defendant Daikin America, Inc. (“Daikin”), is a foreign corporation qualified to

do business in Alabama and doing business in Morgan County at all times relevant hereto.

5. Plaintiffs have been damaged and continue to be damaged due to the negligent,

willful and wanton conduct of the Defendants, as well as nuisance and trespass caused by the

Defendants’ release of toxic chemicals, including perfluorooctanoic acid (PFOA),

perfluorooctane sulfonate (PFOS), and related chemicals from their manufacturing processes in

Decatur, Alabama.

6. Plaintiffs are owners of property, residents, and holders of property interests who

receive their water supplies from the West Morgan-East Lawrence Water and Sewer Authority

(hereinafter, the “Authority”), whose water supplies have been and continue to be contaminated

with Defendants’ toxic chemicals at levels that can cause serious health effects.

7. The Authority provides drinking water to residents of Colbert, Franklin, Winston,

Cullman, Lawrence and Morgan Counties. The Authority’s source of water for its own

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customers and for sale to other water utilities is the Tennessee River approximately 13 miles

downstream of Defendants’ facilities. Defendants’ toxic chemicals have contaminated the water

in the Tennessee River at The Authority’s water intake. Plaintiffs have been, and continue to be,

provided and subjected to contaminated water as a result of the release of toxic chemicals by the

Defendants, as described in detail hereafter.

8. As a result of the Defendants’ nuisance and trespass, Plaintiffs have suffered

property damages and consequential damages. Plaintiffs are also seeking equitable and

injunctive relief to compel the Defendants to remediate and cease the spread of toxic chemicals

into and through the water supply. In addition, based on the Defendants‟ wanton conduct,

Plaintiffs are seeking recovery in punitive damages.

9. Plaintiffs aver that the wrongful acts and omissions complained of occurred in

Lawrence County, Alabama, and venue and jurisdiction are proper in this Court.

10. Three of the major manufacturers and/or users of PFOA, PFOS, and related

chemicals are located in Decatur, Alabama: 3M, Dyneon, and Daikin.

11. Defendants 3M and Dyneon are the present owners and operators of

manufacturing and disposal facilities in Decatur, Alabama, which are releasing PFOA, PFOS,

and related chemicals into groundwater and surface water through which the chemicals are

discharged into the Tennessee River (Wheeler Reservoir) and its tributaries. Defendants

manufactured or used these and other chemicals at their facilities and disposed of hazardous and

solid waste containing these chemicals in a landfill and a sludge incorporation area on their

property and on adjacent property.

12. Defendant 3M discharged wastewater containing PFOA, PFOS, and related

chemicals from its on-site wastewater treatment plant into Bakers Creek, a tributary to the

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Tennessee River. 3M incorporated sludge from the on-site wastewater treatment plant by means

of subsurface injection in an on-site area designated as the sludge incorporation area. In addition,

3M discharged wastewater containing PFOA, PFOS, and related chemicals to the Decatur

Utilities Dry Creek Wastewater Treatment Plant (“WWTP”).

13. Defendant Dyneon’s fluoroelastomer facility is on the southern portion of the 3M

Decatur facility. Dyneon‟s fluoroelastomer operations in Decatur previously had been part of

3M's manufacturing processes at the Decatur facility. The processed wastewater from Dyneon's

operations has been managed through 3M’s wastewater treatment system and discharged to

Baker Creek and the Tennessee River. The Dyneon sanitary wastewater has been combined with

the 3M sanitary wastewater and discharged to the Decatur Utilities WWTP.

14. Defendant Daikin manufactures specialty chemicals, including tetrafluoroethylene

(TFE) and hexafluoropropylene (HFP) fluoropolymers at its Decatur, Alabama plant and used

PFOA in its manufacturing process. The facility discharges wastewater and site stormwater to the

Tennessee River. Daikin’s Decatur plant was constructed on land that previously served as a site

for the land application of the adjacent 3M Company's biosolids contaminated with PFOA,

PFOS, and related chemicals. Daikin discharges sanitary wastewater contaminated with PFOA,

PFOS, and related chemicals to the Decatur Utilities WWTP.

15. The human health risks caused by exposure to low levels of PFOA, PFOS, and

related chemicals include cancer, immunotoxicity, thyroid disease, ulcerative colitis, and high

cholesterol. The stable carbon-fluorine bonds that make PFOA and PFOS such pervasive

industrial and consumer products also result in their persistence. There is no known

environmental breakdown mechanism for these chemicals. They are readily absorbed into biota

and have a tendency to accumulate with repeated exposure. PFOS crosses the placenta in

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humans, accumulates in amniotic fluid, and has been detected in the umbilical cord blood of

babies.

16. The association of exposure to these chemicals and certain cancers has been

reported by the C8 Health Project, an independent Science Panel charged with reviewing the

evidence linking PFOA, PFOS, and related chemicals to the risk of disease based on health

research carried out by the Science Panel in the Mid-Ohio Valley population exposed to these

chemicals as a result of releases from an E. I. du Pont de Nemours and Company chemical plant,

as well as other published scientific research. The C8 Science Panel specifically listed kidney

cancer and testicular cancer as having a “probable link” to PFOA exposure. Epidemiological

studies of workers exposed to PFOA support the association between PFOA exposure and both

kidney and testicular cancer and also suggest associations with prostate and ovarian cancer and

non-Hodgkin lymphoma. Rodent studies also support the link with cancer. The majority of a

United States Environmental Protection Agency (“EPA”) Science Advisory Board expert

committee recommended in 2006 that PFOA be considered “likely to be carcinogenic to

humans.”

17. Additionally, the C8 Science Panel has found a probable link between exposure to

PFOA, PFOS, and related compounds, and the following human diseases: pregnancy-induced

hypertension, ulcerative colitis, and high cholesterol. Furthermore, in recent years,

immunotoxicity of PFOA, PFOS, and related compounds, has been demonstrated in a wide

variety of species and models, including humans. For instance, a study of ninety-nine Norwegian

children at age three found that maternal serum PFOA concentrations were associated with

decreased vaccine responses, especially toward rubella vaccine, and increased frequencies of

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common cold and gastroenteritis. The combined human and experimental evidence is in strong

support of adverse effects on immune functions at relatively low exposure levels.

18. The EPA in 2009 published provisional drinking water health advisories for

PFOA and PFOS, which are currently under review. The advisory for PFOA is 0.4 µg/L (0.4

ppb), and for PFOS is 0.2 µg/L (0.2 ppb).

19. The EPA 2009 health advisories are based on evidence that was available before

2008. According to more recent studies, the advisories are more than 1,000-fold too high.

20. In 2014 EPA released a draft of its proposed “reference dose” for PFOA – an

estimate of how much a person can safely consume daily over a lifetime. That proposed

reference dose would translate to a legal limit in drinking water for PFOA of 0.1 ppb, which is

one quarter of the 2009 advisory level.

21. The State of New Jersey adopted a drinking water health advisory in 2006 for

PFOA that is 0.04 ppb, which is 10 times lower than the EPA provisional drinking water health

advisory for PFOA. In 2014 New Jersey proposed lowering this number to 0.02 ppb.

22. Defendant 3M has long been aware of the persistence and toxicity of PFOA,

PFOS, and related chemicals. Yet, it knowingly and intentionally continued to discharge these

chemicals into the Tennessee River in Decatur, Alabama, 13 miles upstream of the water

supplies used by Plaintiffs.

23. The United States Environmental Protection Agency (“EPA”) took regulatory

action on March 11, 2002 and December 9, 2002 by publishing two significant new use rules

(SNURs) under the Toxic Substances Control Act (TSCA) to limit future manufacture of PFOA,

PFOS, and related chemicals.

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24. EPA and the Alabama Department of Environmental Management have identified

Defendants’ facilities as sources of PFOA and PFOS contamination in the Tennessee River in

and around Decatur, Alabama, including surface water, porewater, sediments, and fish. The

primary source is the 3M facility, with high levels of PFOA and PFOS in groundwater migrating

into the Tennessee River.

25. Based on the contamination in the Tennessee River, ADEM has placed Wheeler

Reservoir from 5 miles upstream of Elk River to the Joe Wheeler Dam on the state’s impaired

waters list for PFOS contamination impairing swimming and fish & wildlife uses. This includes

the area in which The Authority takes water from the Tennessee River.

26. The Alabama Department of Public Health has issued a fish consumption

advisory for portions of Wheeler Reservoir and its tributaries based on contamination of fish

with PFOS, including: Baker’s Creek embayment at Wheeler Reservoir (Morgan County),

Wheeler Reservoir mid station, main river channel, Tennessee River Mile 296 (Limestone

County); Wheeler Reservoir, Tennessee River Miles 303 to 296, area south of the main river

channel (Morgan County). This includes the area between Wheeler Dam and River Mile 296

where The Authority takes water from the Tennessee River to provide its customers including

the Water Utilities.

33. The Authority’s source for the water it supplies to its customers is an intake in the

Tennessee River (Wheeler Reservoir) approximately 13 miles downstream of Defendants‟

manufacturing facilities. The other Water Utilities purchase water from The Authority to

distribute to their customers. Plaintiffs receive their domestic water supplies from The Authority.

34. As a direct and proximate result of Defendants’ discharges into the Tennessee

River from their manufacturing facilities and waste disposal operations upstream from the water

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intake for The Authority, the water supplied by The Authority to Plaintiffs was and is

contaminated with PFOA, PFOS, and related chemicals.

35. Plaintiffs have had exposure to PFOA as a result of consuming water

contaminated by Defendants’ chemicals.

36. On May 19, 2016, the EPA published final lifetime Drinking Water Health

Advisories for PFOA and PFOS (“May 2016 EPA Health Advisories”). The Health Advisory

for PFOA is 0.07 micrograms per cubic liter (“μg/L”), or 0.07 ppb.

37. Based on the science available at the time, EPA published provision health

advisories in 2009 for PFOA and PFOS; however, due to the evolution of the science

surrounding the health effects associated with the consumption of PFOA and PFOS in drinking

water, the May 2016 EPA Health Advisories are intended to replace and supersede EPA’s 2009

provisional advisories.

38. The May 2016 EPA Health Advisories are based on the best available peer

reviewed studies of the effects of PFOA and PFOS on laboratory animals and were also

informed by epidemiological studies of human populations exposed to PFOA and PFOS. These

studies indicate that exposure to PFOA and PFOS over certain levels may result in adverse

health effects, including developmental defects to fetuses, cancer (testicular, kidney), liver

effects, immune effects, thyroid effects, and other adverse effects.

39. The May 2016 EPA Health Advisories state that PFOA and PFOS have

“extremely high” persistence in the environment and the human body, and that the developing

fetus and newborn are “particularly sensitive” to PFOA and PFOS induced toxicity. The May

2016 EPA Health Advisories also state that single exposure to a developmental toxin at a critical

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time can produce an adverse effect, and that short-term exposure to these chemicals can result in

a body burden that persists for years and can increase with additional exposures.

40. The May 2016 EPA Health Advisories state that, because PFOA and PFOS have

similar adverse effects, including effects on the liver, neonatal development, responses to

immune challenges, and association with tumors, when these two chemicals co-occur in a

drinking water source, the combined concentrations should be compared with the Health

Advisories of 0.07 μg/L or 0.07 ppb in order to offer the necessary margin of protection to all

Americans with these chemicals in their drinking water.

41. As a result of their ongoing exposure to drinking water containing harmful levels

of PFOA, PFOS, and related chemicals from Defendants’ manufacturing processes, Plaintiffs

have been damaged and placed at risk of immediate harm.

COUNT I

NEGLIGENCE

42. Plaintiffs hereby adopt and incorporate the allegations in paragraphs 1-41 as if set

out fully herein.

43. Defendants owe a duty to Plaintiffs to exercise due and reasonable care in the

manufacturing, use, and disposal operations to prevent the discharge of toxic chemicals,

including PFOA, PFOS, and related chemicals into the water supply and onto the property of

Plaintiffs.

44. Defendants breached the duties owed to Plaintiffs, and under the circumstances,

Defendants’ breaches constitute negligent, willful and/or reckless conduct.

45. As a direct, proximate and foreseeable result of Defendants‟ conduct, practices,

actions, and inactions, Plaintiffs have been caused to suffer, and will continue to suffer, damages

to their real property.

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WHEREFORE, PREMISES CONSIDERED, Plaintiffs demand judgment against

Defendant 3M Company, Dyneon, LLC, and Daikin America, Inc., in an amount of

compensatory damages to be determined by a jury in excess of the jurisdictional minimum of

this Court, together with interest from the date of injury, and the costs of this proceeding.

COUNT II

NUISANCE


out fully herein.

47. Plaintiffs are all owners or possessors of property that receive water from The

Authority.

48. Defendants have created a nuisance by their discharge of PFOA, PFOS, and

related chemicals into the Tennessee River, which has caused contamination of Plaintiffs’ water

supply and caused Plaintiffs hurt, inconvenience, and harm as it would to any other reasonable

person.

49. The levels of toxic chemical contamination found in Plaintiffs’ water supply,

directly caused by the Defendants’ pollution, have created a condition that threatens the health

and well-being of Plaintiffs, and causes Plaintiffs concern, inconvenience and hurt, as it would to

any other reasonable person.

50. It was reasonably foreseeable, and in fact known to the Defendants, that their

actions would place, and have placed, Plaintiffs in immediate risk of physical harm. The

nuisance has caused, and will continue to cause, emotional distress until it is satisfactorily

abated.



20



COUNT III

TRESPASS


out fully herein.

52. Defendants’ intentional acts in discharging PFOA, PFOS, and related chemicals

into the Tennessee River caused an invasion of Plaintiffs’ property by Defendants‟ chemicals,

which has affected and is affecting Plaintiffs’ interest in the exclusive possession of their

property.

53. Plaintiffs did not consent to the invasion of their properties by Defendants’

chemicals.

54. Defendants knew or should have known that their discharges of PFOA, PFOS,

and related chemicals into the Tennessee River would result in an invasion of Plaintiffs’

possessory interest in their property.

55. Defendants’ trespass is continuing.

56. Defendants’ continuing trespass has impaired Plaintiffs’ use of their property and

has caused them damages by diminishing its value.





21

COUNT IV

WANTONNESS AND PUNITIVE DAMAGES


out fully herein.

58. Defendants owe a duty to Plaintiffs to exercise due and reasonable care in the

manufacturing, use, and disposal operations to prevent the discharge of toxic chemicals,

including PFOA, PFOS, and related chemicals into the water supply and onto the property of

Plaintiffs.

59. In breaching the duties described above, Defendants acted in a wanton, willful,

and reckless manner.

60. Defendants knew or should have known the danger to Plaintiffs created by

Defendants’ conduct, practices, actions, and inactions.

61. Defendants knew of should have known of the likely impact, harm, damage, and

injury their conduct would have on the Plaintiffs.

62. Defendants’ conduct, practices, and inactions evidence Defendants’ reckless

disregard for Plaintiffs‟ property and health.



compensatory and punitive damages to be determined by a jury in excess of the jurisdictional

minimum of this Court, together with interest from the date of injury, and the costs of this

proceeding.

22

COUNT V

BATTERY


out fully herein.

64. Defendants touched or contacted Plaintiffs through their release, discharge and

distribution of water containing PFOA, PFOS and other related chemicals.

65. Defendants intentionally touched or contacted Plaintiffs by their release,

discharge and distribution of water containing PFOA, PFOS and other related chemicals, as they

knew that their intentional acts would be substantially certain to result in such contact, or were

recklessly indifferent to whether such contact or touching would occur.

66. The touching or contact of Plaintiffs by Defendants’ contaminated water was and

is harmful and offensive.

67. Defendants’ battery is continuing, as Defendants’ discharge, release and

distribution of water containing PFOA, PFOS and other related chemicals is continuing.

68. As a result of Defendants’ battery, Plaintiffs have been and continue to be

harmed.



compensatory and punitive damages to be determined by a jury in excess of the jurisdictional

minimum of this Court, together with interest from the date of injury, and the costs of this

proceeding.

23

COUNT VI

CLAIM FOR INJUNCTIVE RELIEF


out fully herein.

70. Plaintiffs request that this Court enter an Order enjoining Defendant from

continuing the conduct described above and require Defendant to take all steps necessary to

remove their chemicals from Plaintiffs’ water supplies and property.

72. There is continuing irreparable injury to Plaintiffs if an injunction does not issue,

as Defendants’ chemicals in their water supplies pose a continuing threat to Plaintiffs’ property

interests, and Plaintiffs’ health, and there is no adequate remedy at law.

Respectfully submitted this 30th

day of January, 2017.

/s/ Lloyd W. Gathings

Lloyd W. Gathings (GAT001)

Honora M. Gathings (GAT002)

Donald Carroll (CAR190)

Will Lattimore (LAT021)

OF COUNSEL:

Gathings Law

2204 Lakeshore Drive, Suite 406

Birmingham, AL 35209

Telephone: 205.322.1201

Facsimile: 205.322.1202

[email protected]

[email protected]

[email protected] [email protected]

JURY DEMAND

PLAINTIFF DEMANDS A TRIAL BY STRUCK JURY ON ALL COUNTS

/s/ Lloyd W. Gathings__

OF COUNSEL

24

PLEASE SERVE THE SUMMONS AND COMPLAINT UPON THE FOLLOWING BY

CERTIFIED MAIL:

3M Company, Inc.

c/o CT Corporation System

2 North Jackson Street, Suite 605

Montgomery, AL 36104

Dyneon, LLC




Daikin America, Inc.




IN THE CIRCUIT COURT OF LAWRENCE COUNTY, · PDF file30/1/2017 · BETTY JOHNSON )...

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