Hearing date set in Gert Town radium case
9th September 2019 · 0 Comments
By Ryan Whirty
Contributing Writer
A hearing has been scheduled for Oct. 24 in U.S. District Court regarding the City of New Orleans’ move to dismiss a lawsuit filed by two residents and business owners alleging that the City bungled the removal of radioactive radium found in Gert Town and failed to adequately inform residents of the possible danger.
A second defendant to the suit – the company contracted by the City to remove and remediate the radium and radon that were found near Lowerline Street, Coolidge Court and Edinburgh Street in 2013 – has also filed a motion to dismiss the lawsuit.
According to court records, the City on August 1 filed a motion to dismiss the legal action brought by local residents and business owners Eric and Patricia Lassair against the City and the contracting companies – ARS Aleut Remediation and Weston Solutions – in late June.
The City’s motion for dismissal, filed in the court of U.S. District Judge Jane Triche Milazzo by assistant city attorney Michael J. Laughlin, asserts that the plaintiffs “fail to state a claim upon which relief may be granted because Plaintiffs have failed to plead a claim under [federal law], which provides for the exclusive cause of action for which Plaintiffs may seek relief and completely preempts the state law causes of action sought to be pled by Plaintiffs …”
Then, just last week on Sept. 3, ARS Aleut filed a motion to dismiss the lawsuit against the company on grounds similar to those noted in the City’s motion to dismiss. ARS’ motion to dismissal asserts that “Plaintiffs fail to state a claim upon which relief may be granted. Plaintiffs have failed to sufficiently plead a claim under” applicable law.
Rob Dille, an attorney representing ARS Aleut Remediation, told The Louisiana Weekly last week that the company does not comment on pending litigation.
In May and June, work crews excavated a block of pavement and ground at the site in an effort to remove any radioactive material and remediate any damage or contamination. The lawsuit was originally filed soon after workers had completed the job.
The Gert Town neighborhood was home to a massive chemical and pesticide plant owned by Thompson-Hayward Chemical Co., which shuttered its doors decades ago. Madro Bandaries, an attorney representing the plaintiffs, asserted that the City has failed its duty to inform and protect the public from danger.
“We are still confounded by the actions of the City of New Orleans, which has never reached out to the residents of Gert Town in this matter,” Bandaries said. “In essence, the City, to our view, has done nothing to mitigate this matter.”
However, LaTonya Norton, a spokeswoman for Mayor LaToya Cantrell, disputed Bandaries’ assertion, stating that city officials have done all they can to reach out to residents and assuage their concerns.
Prior to the start of the Gert Town remediation project, the City proactively engaged neighborhood residents, Norton said. “This included door-to-door visits by the City’s Department of Health, along with distribution of printed information. Subsequently, after a lawsuit was filed against the City, Plaintiffs’ counsel requested that the City not contact residents directly, but instead direct all communications on this matter to attorneys only. Due to the pending litigation matter, the City has no further comment at this time.”
On July 30, attorneys representing the Laissars filed an amended complaint requesting that the complaint be made a class action lawsuit. Attorneys for the plaintiffs previously stated that they hope to find more Gert Town residents to join with the Lassairs in the complaint; the amendment claims possible new plaintiffs number in the thousands.
The plaintiffs’ amended complaint contends that the situation at the site and throughout Gert Town remains hazardous and inadequately addressed.
“Despite assurances from representatives of the Defendants…putative class members have been experiencing and continue to experience extreme fear, fright and anxiety regarding their exposure to radioactive materials at the site,” the amended complaint states.
It further alleges that residents of Gert Town have learned of the developing situation only through news reports and outside attorneys, not from the defendants or other government agencies.
“But for conscientious news reports and communications with…counsel,” it reads, “the putative class would have continued to suffer toxic exposures with adverse health consequences without knowledge that they had been exposed to radioactive contaminants with the potential to kill them. To date, the City is continuing to misrepresent the remediation effort, exposure zone, and health effects.”
The amended lawsuit also alleges that “the Defendants are continuing to engage in a public campaign to intentionally mislead and misinform the public regarding health hazards posed at the site. This continued delay in properly remediating and truthfully informing the putative class is increasing the likelihood of exposure and migration of these hazardous materials as Radon gas becomes more mobile than a solid and through the natural decay becomes more likely to migrate into the homes of the putative class resulting in unhealthy exposures to residents in their homes.”
This article originally published in the September 9, 2019 print edition of The Louisiana Weekly newspaper.
