Is there a class action for personal injury and property damage caused by toxic pollution?

California, United States of America


The following excerpt is from Dep't of Fish & Game v. Superior Court of Plumas Cnty., 129 Cal.Rptr.3d 719, 197 Cal.App.4th 1323 (Cal. App. 2011):

Plaintiffs also cite Olden v. Lafarge Corp. (6th Cir.2004) 383 F.3d 495, in which the plaintiffs brought a class action on behalf of 3,600 owners of residences in a particular town against a local cement manufacturer alleging personal injury and property damage caused by toxic pollutants discharged from the cement plant. The district court granted class certification (id. at pp. 496497), and the federal court of appeals affirmed, concluding common issues predominated notwithstanding the need for individual determination of damages. The court explained that, while there were individual complaints of personal medical problems, the thrust of the personal injury portion of the case "appears to be related to the general increased risk of the class suffering medical problems in the future." (Id. at p. 508.) Similarly, while individuals claimed specific instances of property damage, these "seem

[129 Cal.Rptr.3d 735]

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