Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Redland Soccer Club, Inc. v. Department of Army of U.S.

filed: May 15, 1995.

REDLAND SOCCER CLUB, INC., BRETNI BRINK, A MINOR, BY TAMARA BRINK, RYAN BRINK, A MINOR, BY TAMARA BRINK, JOSEPH BRTALIK, CAROLE G. BRTALIK, JOSEPH J. BRTALIK, BRIAN BRTALIK, WENDY BRTALIK, A MINOR, BY JOSEPH AND CAROLE G. BRTALIK, THEODORE F. BURD, DIANE M. BURD, CHRISTOPHER T. BURD, A MINOR, BY THEODORE F. AND DIANE M. BURD, GREGORY C. BURD, A MINOR, BY THEODORE F. AND DIANE M. BURD, DEWITT J. CLINE, JR., JAN M. CLINE, ERIC J. CLINE, A MINOR, BY DEWITT J., JR. AND JAN M. CLINE, JEROMY J. CLINE, A MINOR, BY DEWITT J., JR. AND JAN M. CLINE, RONALD W. DANNER, DANIELLE M. DANNER, A MINOR, BY RONALD W. DANNER, CRAIG A. DANNER, A MINOR, BY RONALD W. DANNER, THEODORE J. ELLIOTT, FRANCES M. ELLIOTT, TODD ELLIOTT, A MINOR, BY THEODORE J. AND FRANCES M. ELLIOTT, TRACEY ELLIOTT, A MINOR, BY THEODORE J. AND FRANCES M. ELLIOTT, STEVEN W. HAAS, IRMA L. RODGERS-HAAS, ANTHONY M. RODGERS, A MINOR, BY STEVEN W. HAAS AND IRMA L. RODGERS-HAAS, NICOLE C. RODGERS, A MINOR, BY STEVEN W. HAAS AND IRMA L. RODGERS-HAAS, LAWRENCE E. HAGER, RUTH A. HAGER, SAMUEL HAGER, BENJAMIN HAGER, A MINOR, BY LAWRENCE AND RUTH HAGER, SHAWN HAGER, A MINOR, BY LAWRENCE AND RUTH HAGER, EDWARD HOCKENBERRY, MARY L. HOCKENBERRY, BRETT R. HOCKENBERRY, A MINOR, BY EDWARD AND MARY L. HOCKENBERRY, ROGER L. HOCKENBERRY, PATRICIA D. HOCKENBERRY, KERIC L. HOCKENBERRY, A MINOR, BY ROGER L. AND PATRICIA D. HOCKENBERRY, KODI B. HOCKENBERRY, A MINOR, BY ROGER L. AND PATRICIA D. HOCKENBERRY, KLINT D. HOCKENBERRY, A MINOR, BY ROGER L. AND PATRICIA D. HOCKENBERRY, DAVID G. HOOPER, PRISCILLA G. HOOPER, DAVID G. HOOPER, II, JOHN H. KNAUB, DEBORAH J. KNAUB, DEREK J. KNAUB, A MINOR, BY JOHN H. AND DEBORAH J. KNAUB, SEAN M. KNAUB, A MINOR, BY JOHN H. AND DEBORAH J. KNAUB, THOMAS R. KRAUSE, ROBERT A. KRAUSE, A MINOR, BY THOMAS R. KRAUSE, RICHARD H. LEBO, DONNA LEBO, TRISHA LEBO, A MINOR, BY RICHARD AND DONNA LEBO, KRISTINA LEBO, A MINOR, BY RICHARD AND DONNA LEBO, RALPH E. MCCARTY, GALE P. MCCARTY, JOSHUA H. MCCARTY, A MINOR, BY RALPH E. AND GALE P. MCCARTY, LUCAS P. MCCARTY, A MINOR, BY RALPH E. AND GALE P. MCCARTY, JAMES P. MEYERS, KIM MEYERS, SAMANTHA MEYERS, A MINOR, BY JAMES AND KIM MEYERS, BRETT MEYERS, A MINOR, BY JAMES AND KIM MEYERS, THOMAS M. MORROW, MEREDITH S. MORROW, GREGORY M. MORROW, A MINOR, BY THOMAS M. AND MEREDITH S. MORROW, GEOFFREY T. MORROW, A MINOR, BY THOMAS M. AND MEREDITH S. MORROW, JACK E. MUTH, KATHLEEN L. MUTH, ROBERT C. MUTH, A MINOR, BY JACK AND KATHLEEN L. MUTH, JOHN A. NACE, JR., LINDA M. NACE, MICHAEL NACE, A MINOR, BY JOHN A. AND LINDA M. NACE, ROBERT NACE, A MINOR, BY JOHN A. AND LINDA M. NACE, KENNETH E. NACE, PAMELA R. NACE, JEREMY M. NACE, A MINOR, BY KENNETH E. AND PAMELA R. NACE, KEVIN E. NACE, A MINOR, BY KENNETH E. AND PAMELA R. NACE, MELISSA A. NACE, A MINOR, BY KENNETH E. AND PAMELA R. NACE, DEAN G. NEWHOUSE, NORMA J. NEWHOUSE, MARTIN NEWHOUSE, ERIC NEWHOUSE, BENJAMIN NEWHOUSE, A MINOR, BY DEAN G. AND NORMA J. NEWHOUSE, PETER P. O'NEILL, ALICE L. O'NEILL, PETER O'NEILL, PATRICK O'NEILL, PAUL O'NEILL, PATRICIA A. PALM, DYLAN T. BUCKWALTER, A MINOR, BY PATRICIA A. PALM, MICHELLE A. BUCKWALTER, A MINOR, BY PATRICIA A. PALM, ROBERT J. PONTIUS, CINDY L. PONTIUS, JAY PONTIUS, A MINOR, BY ROBERT J. AND CINDY L. PONTIUS, DEBRA S. POPP, ANDREW J. POPP, A MINOR, BY DEBRA S. POPP, THOMAS M. RADOS, A MINOR, BY SONJA RADOS, WILLIAM P. REHM, JR., KIMBERLY A. REHM, DAVID A. REHM, A MINOR, BY WILLIAM P., JR., AND KIMBERLY A. REHM, ANDAR A. REHM, A MINOR, BY WILLIAM P., JR., AND KIMBERLY A. REHM, DEON J. REHM, A MINOR, BY WILLIAM P., JR., AND KIMBERLY A. REHM, MICHELLE D. REHM, A MINOR, BY WILLIAM P., JR., AND KIMBERLY A. REHM, KEN RIBBLE, SUSAN RIBBLE, SCOTT RIBBLE, A MINOR, BY KEN AND SUSAN RIBBLE, MARK RIBBLE, A MINOR, BY KEN AND SUSAN RIBBLE, NEVIN C. SHENCK, JR., LISA L. SHENCK, NATHAN S. SHENCK, AARON M. SHENCK, A MINOR, BY NEVIN C., JR., AND LISA L. SHENCK, REBECCA SHENCK, A MINOR, BY NEVIN C., JR., AND LISA L. SHENCK, BRADLEY SHIRK, RICHARD V. SPONG, SR., JULIA A. SPONG, RICHARD V. SPONG, JR., NATHAN M. SPONG, JOELLE L. SPONG, BARRY L. STONE, MATTHEW D. STONE, COREY J. STROMAN, A MINOR, BY LOWELL R. AND DEBRA J. STROMAN, DONNA L. SZOSZOREK, SHANNON M. SZOSZOREK, A MINOR, BY DONNA L. SZOSZOREK, SHAYNA M. SZOSZOREK, A MINOR, BY DONNA L. SZOSZOREK, EUGENE K. TORBEK, ERIK P. TORBEK, A MINOR, BY EUGENE K. TORBEK, DONALD WILLIAMSON, ELIZABETH M. WILLIAMSON, MICHAEL WILLIAMSON, A MINOR, BY DONALD AND ELIZABETH WILLIAMSON, WILLIAM B. WIRT, PAMELA A. WIRT, CHRISTINE E. WIRT, KEVIN M. WIRT, TIMOTHY B. WIRT, A MINOR, BY WILLIAM B. AND PAMELA A. WIRT, BRYAN C. WIRT, A MINOR, BY WILLIAM B. AND PAMELA A. WIRT, BURLIN COVERT, JOSEPH DORWART, III, PATRICIA A. DORWART, JOSEPH DORWART, IV, A MINOR, BY JOSEPH DORWART, III, AND PATRICIA DORWART, ALICIA DORWART, A MINOR, BY JOSEPH DORWART, III, AND PATRICIA DORWART, BRENT DORWART, A MINOR, BY JOSEPH DORWART, III, AND PATRICIA DORWART, JACK H. HERSHBERGER, JR., JUNE HERSHBERGER, LARRY SMART, CAROL SMART, JEFFREY SMART, A MINOR, BY LARRY AND CAROL SMART, CRYSTAL SMART, A MINOR, BY LARRY AND CAROL SMART, GLENN DILLER, DALE KAHLER, ROBERT E. KANE, TERRENCE L. KEMBERLING, DAVID A. KUPP, E. ROBERT MCCOLLUM, HERBERT D. MYERS, AND WILBUR YORTY, APPELLANTS
v.
DEPARTMENT OF THE ARMY OF THE UNITED STATES OF AMERICA AND THE UNITED STATES OF AMERICA, APPELLEES



Appeal from the United States District Court for the Middle District of Pennsylvania. (D.C. Civil Action No. 90-cv-01072).

Present: Becker and Hutchinson, Circuit Judges, and Joyner, District Judge*fn*

Author: Hutchinson

Opinion OF THE COURT

HUTCHINSON, Circuit Judge.

Appellants are three groups of plaintiffs whose separate actions were consolidated by the district court because they all claimed they were harmed by exposure to toxic wastes appellee, the United States Army ("Army"), had deposited in lands once a part of the New Cumberland Army Depot ("Depot"). In all three cases, plaintiffs sought class certification, but the district court denied class certification.*fn1 One group of plaintiffs consists of workers for the township ("Township Workers") who converted the area the Army used as a landfill into a soccer field after the Army had transferred it to the township that adjoins the Depot. The second group consists primarily of residents living near the landfill (the "Neighbor Plaintiffs"). The third group are persons, primarily children, who played soccer (the "Soccer Plaintiffs") on the field created on the site of the Army's landfill. This third group includes two children of the Elliott family, Todd and Tracey (the "Elliotts"). Tracey suffers from leukemia and Todd from enlarged lymph nodes.

Except for the Elliotts, the primary relief all parties seek is medical monitoring. They appeal the district court's final order for the Army on all their claims, which was entered following orders granting the Army's motions for summary judgment. Their appeals raise several important issues. Ultimately, we will affirm the orders of the district court with respect to all appellants except the Elliotts, the only plaintiffs who have been able to produce evidence of actual harm by medical evidence showing the Elliott children are suffering from conditions that require medical attention beyond the medical services everyone in the general population should have. Our reasons, which differ somewhat from those of the district court, follow.*fn2

I. Factual History

A. The History of Marsh Run Park

1. NCAD's Use of the Land as a Landfill

The New Cumberland Army Depot is located just east of the Harrisburg Airport on about 974 acres of land, between the Pennsylvania Turnpike to the south and some railroad tracks and the Susquehanna River to the north. From 1917 until the mid-1950's, the Depot used a fourteen-acre tract of land in its extreme southeastern part as a landfill to dispose of various wastes. The former landfill is bordered by a railroad embankment and the Susquehanna River to the north and by Marsh Run Creek ("Creek") and an access road on the south. A drainage pipe carrying storm water from the Depot once emptied out onto the western part of the tract. When the landfill was closed in the mid-1950's, Depot employees covered the debris with eighteen inches of dirt taken from the bank of the Creek and then spread coal ashes over the landfill's surface, adding another six to seven inches of cover. The Depot's perimeter fence was moved westward so that the land, then known as Marsh Run Field, was no longer within the fence. The Depot remains adjacent to the west end of Marsh Run Field.

2. Transfer of the Land to Fairview Township and Conversion Into a Soccer Field

In 1970, an executive order directed the Army to identify and dispose of its excess acreage. The Depot identified its former landfill as excess and engaged in negotiations with adjoining Fairview Township ("Township") officials to transfer the former landfill to the Township for use as a public recreational area, which would include soccer fields. The land was formally transferred to the Township in 1976. According to both Army officials and Township employee, E. Robert McCollum ("McCollum"), it was common knowledge that the area was once used as a landfill by the Depot. Indeed, the tract was commonly referred to as "Pineapple Junction" because of old canned goods that were known to have been disposed of there. No one from the Depot or the Army informed the Township that the landfill contained potentially hazardous or toxic substances. Whether the Army knew the landfill was contaminated before the transfer is a point of contention.*fn3

In 1981, the Township began excavating and leveling the site, now known as Marsh Run Park ("Park"), for use as a soccer field. The soccer field was completed in 1982 and was used by the Redland Soccer Club from 1982 until the Park was closed on August 28, 1987.

3. The Park Closure and Tests for Contamination

In the 1960's and 1970's environmental concerns intensified in this nation. New laws and regulations reflected this growing concern, and the Army began investigating how wastes were disposed of at its facilities. The Depot was included. In 1972, the United States Army Environmental Hygiene Agency did a study on the Depot's wastewater discharges' effect on local streams and waters, including the Susquehanna River and the Creek, a stream which flows through the whole southern end of the Depot. This study concluded that the Depot's discharges had no apparent deleterious impact on the Susquehanna River, but that they did have "a significant, adverse impact" on the plant and animal life in the part of the Creek lying within the Depot's boundaries. In June of 1978, the Army recommended that the waters of the Creek within the Depot be closed to recreational use because low levels of polychlorinated biphenyls ("PCBs") had been detected in them.

Most of the environmental studies done at the Depot thereafter focused on lands within the Depot and excluded the closed landfill, which was no longer Depot property. In September of 1977, Depot officials discovered a document indicating a one-pound container of potassium cyanide, a toxic substance, had been buried in the landfill. Depot officials contacted the Township and asked for permission to dig it up and remove it. Depot officials were unable to locate any other documents detailing the contents of the landfill, and to date all its contents have not been identified.*fn4

a. Woodward-Clyde Soil Testing Report Dated July, 1987

In 1986, the United States Army Corps of Engineers ("Corps") hired Woodward-Clyde Consultants ("Woodward-Clyde") to perform soil testing at the former landfill to see whether any contamination existed there. This was done pursuant to the Defense Environmental Restoration Account ("DERA"), a program established under 10 U.S.C.A. § 2701 et seq. (West 1983), to investigate and remedy environmental contamination at former Department of Defense sites. The testing was done in March of 1987 when the field was still being used by the Redland Soccer Club.

The parameters of the study were determined by the Corps. Woodward-Clyde installed three monitoring wells surrounding, but not on, the landfill. It dug five test pits: one in the cut area on the northern edge of the Park to obtain background soils, one in the area of the cyanide canister burial and the remaining three on the field itself. The test pits in the field were four to five feet in depth. Two samples were removed from each pit, one near the surface and one at mid-depth. Surface soil samples were also taken, but not from the soccer field area. Groundwater was sampled in the monitoring wells, surface water was sampled at two locations along the site's boundaries and samples were obtained from in or near the Creek.

The testing demonstrated a "significant presence of contaminants in some areas" of the Park and contamination in most of the soil and sediment samples. Test pit soil samples contained organic contaminants and all surface soils contained elevated levels of petroleum hydrocarbons. Groundwater samples contained elevated concentrations of metals. Woodward-Clyde recommended further testing, including testing of the surface soils from the playing fields and surrounding areas "where fill is visible at the surface." Appellants' Appendix ("App.") at 950a. Following receipt of the Woodward-Clyde report, the Army and the Township, by mutual agreement, closed the Park to further public use and the Army repossessed the land in order to conduct additional testing.

b. Corps' Public Health Evaluation Dated June 1988

On May 25, 1988, nine months after the Park was closed to public use, the Corps sampled surface soils from seven areas on the soccer fields and one off site in an effort to determine whether the surface soils of the former landfill presented possible human health hazards. The samples were analyzed for the presence of volatile organic compounds ("VOCs"), semi-volatile organics, PCBs, metals and cyanide. In four of the eight locations low levels of polycyclic aromatic hydrocarbons ("PAHs") were detected. Lead was the only metal detected at levels significantly above those found in the off-site sample. The report considered exposure pathways of dust inhalation, skin contact and inadvertent ingestion of soil by hand-to-mouth contact. The Corps concluded that the sampling results showed "no apparent increase in health risk to the children playing at Marsh Run Park" because the concentrations of contaminants were within the acceptable limits proposed by the United States Environmental Protection Agency ("EPA").

c. EPA Soil and Groundwater Sampling Report Dated July 29, 1988

On June 11, 1988, the Army determined that the former landfill was an appropriate site for a remedial investigation study, which was also to be performed by the Corps as part of the Defense Environmental Restoration Program. Meanwhile, EPA officials also decided to conduct soil and groundwater sampling at the Park and make a detailed magnetic survey. Surface samples were taken by EPA on June 22 and 23, 1988 at ten on-site locations, stratified soil samples at three locations and groundwater samples at three on-site monitoring wells. EPA concluded that the Park's surface soils were contaminated with lead and PAHs, its subsurface soils with lead and VOCs and its groundwater with VOCs. The magnetic survey showed three possible drum burial sites in the former landfill.

d. EA Engineering Remedial Investigation Report Dated January 1990

In conducting its remedial investigation, the Corps contracted with EA Engineering, Science and Technology, Inc. ("EA Engineering"). EA Engineering agreed to identify potential sources of contamination, define the nature and extent of site contamination and any immediate offsite impact to ground water, surface water and air, and to assess downstream ground water and surface water for human health and environmental risks. EA Engineering sampled waters from four nearby residential wells on August 31, 1989. It sampled ground water and soils from monitoring wells in two separate phases in February and August of 1989. The record does not contain the entire EA Engineering Remedial Investigation Report, and it does not indicate when EA Engineering took the Creek surface water and sediment samples it analyzes in the Report. EA Engineering did not sample the Park's surface soils but instead used the results of the Corps' and EPA's surface soils testing in May of 1988. EA Engineering did not sample the waste fill itself but analyzed the surface soil and groundwater samples results to determine what contaminants might be flowing out from the waste fill.

EA Engineering concluded that the site was contaminated with PAHs but that the PAHs were not unique to the site. It concluded the site was also contaminated with trace metals including barium, lead, copper and silver. It also determined the fill was a potential source of VOCs. It found VOCs in the bedrock aquifer beneath the site and determined the source of this contamination was probably the fill. It found low-level VOCs discharging to the Creek upstream from and adjacent to the Park, but could not confirm whether this contamination was resulting from ground water flowing from the fill or from some other source. EA Engineering also concluded the trace metals were emanating partially from the fill and some other source. It found no contamination in any of the residential wells, all of which are hydraulically upgradient from the Park.

EA Engineering concluded that any contaminated ground water from the site would migrate north towards the Susquehanna River or flow into the adjacent Creek and that no residences are in the predicted migration path. It also concluded that the Creek's surface waters upstream from the Park contained low-level volatile contaminants trichloroethane and 1,1,2,2-tetrachloroethane, and that the upstream sediments contained low-level PAHs. The Creek's waters adjacent to and downstream from the Park contained low-level volatiles of trichloroethane and 1,2-dichlorothene. EA Engineering concluded that the source of these compounds was somewhere upstream, unrelated to the Park and that dust from the surface soils was not a significant exposure pathway because the field, when tested, was covered by dense grass.

As for human health risk, EA Engineering concluded that "the past use of Marsh Run Field as a soccer field . . . resulted in very little risk to the children using the field." App. at 1251a. It concluded that there would be potential health risk from any ingestion of on-site ground water, but that such ingestion would be highly improbable because it was unlikely any residential use would be made of the site in the future. Finally, EA Engineering concluded there was no risk to any of the nearby residents because their wells were not contaminated and would not become contaminated in the future. As for residents who may have eaten fish from the Creek, it concluded there was no carcinogenic risk.

B. The Township Worker Plaintiffs

The Township worker plaintiffs consist of seven individuals who either performed the excavation and levelling work while the former landfill was being converted into a soccer field or who mowed the grass and performed maintenance work at the Park after the field was constructed. Their deposition testimony and affidavits can be summarized as follows.

Sometime in 1980 or 1981, Fairview Township Engineer, Robert G. Hartman ("Hartman"), was assigned the task of landscaping the former landfill for recreational use as a soccer field. He conducted a topographical and perimeter survey with a field crew. The Township Workers then excavated and levelled the land over a four month period during the summer of 1981.

When the Township Workers first arrived at the site, it was covered by brush and trees and was swampy in some areas. The Township Workers cleared the brush and trees and also removed what little topsoil was present at the site, which they put aside for later use. As they began to grade the site and move earth from a higher section of land to the north, near the railroad tracks, to a lower section to the south in order to level the ground, they began to unearth "junk," including several barrels of white powder, drums, canisters, broken glass, old coffee mugs, utensils, cans, wood, a railroad rail and gas masks. One of the Township Workers recalled someone digging test holes into the junk area and taking samples from them. No one recalled any Army personnel being on site at any time during the work. As excavation continued, the junk was covered up and used as part of the fill for the lower area. The Township Workers estimated that a cap of an average of three feet of dirt from the higher area near the railroad embankment was placed over the junk. After the fill was levelled, the Township Workers placed on-site topsoil and topsoil from off-site over the fill to a depth of two to six inches. The field was then seeded. The Township Workers testified they inhaled dust, waded through dirt and debris, sat in the dirt and ate their lunch there over the four-month period. One Township Worker recalled that his eyes burned or stung while he was running the grader and tearing up new soil and that the burning did not stop until the newly torn up soil was reburied. During the excavation and leveling work, some of these same Township Workers constructed a drainage swale to redirect water flowing out of a pipe carrying storm drainage waters out of the Depot. During excavation for the swale, the Township Workers exposed groundwater. Some of the Township Workers performed repairs on a bridge over the Creek and removed debris from the Creek.

A Township Worker named David A. Kupp ("Kupp") was responsible for mowing the field after it was constructed. He mowed once a week for approximately five hours. Kupp recalled the field as dry and only sparsely covered with grass and remembered the mower kicking up dirt and dust from the surface of the field about 20% of the time. He also spent several hours painting the bridge over the Creek while he stood on the banks and rocks and in the waters of the Creek.

None of the Township Workers are currently suffering from any physical ailment that they claim is the result of their exposure. There is no evidence in the record that any of them have been examined for health problems related to their exposure at the Park or that any doctor has personally informed them that they have an increased health risk because of exposure to toxic substances while working at the Park.

C. The Neighbor Plaintiffs

The Neighbor Plaintiffs are twelve residents living in the immediate vicinity of the Park and the Creek, plus some relatives who regularly visited them. Some testified in depositions or affidavits that they waded in the Creek, fished in it and ate fish they caught there. Several testified they hunted in the former landfill area and ate pheasant, rabbit, squirrel or turtle they caught or shot there. Most of the Neighbors used the Park for walking or other forms of exercise.

On May 8, 1988, the Department of Environmental Resources ("DER") tested residential wells for trace metals and VOCs and found none of the wells were contaminated. One Neighbor, however, testified that her well water was tested in 1990 by her employer and found to contain high concentrations of several chemicals, including lead. Another Neighbor testified that he was told his well water did not pose a health risk but contained traces of contaminants. He and his family stopped drinking from it. None of the Neighbors are currently suffering from any illness as a result of their exposure, nor have any been personally advised by a doctor that they have an increased health risk as a result of such exposure.

D. The Soccer Plaintiffs

The remaining 128 plaintiffs are members of the Redland Soccer Association ("Redland"), adults and children who used the Park on a regular basis from 1982 to 1987 for soccer activities, and members of their immediate families who were with them during activities at the Park. Some of the Soccer Plaintiffs testified they helped build the soccer field in 1982, picking rocks and moving dirt around the field and then raking and seeding it, setting goalposts and lining the field in order to get it ready for play in 1983. This took five or six weekends with about six hours work per day.

One of the Soccer Plaintiffs coached a team for Redland. He testified that his team, boys sixteen years old and under, practiced two to three hours, three times each week at the Park and played one game each weekend, half at the Park. He also coached a team for boys fourteen years of age and under. That team also practiced three times each week and played a game once every weekend during the season. Half of this team's games and practices were played at the Park.

Soccer's spring season started in April of each year and ended in early June. Its fall season began in mid-August and ended in mid-November. Practices were canceled if it rained, but games were played no matter what the weather conditions were. If water was on the field, someone would shovel the water away or throw sawdust on it. The soccer coach recalled several players falling into the drainage ditch that ran the length of the field, which was sometimes dry and sometimes wet. Each practice started with calisthenics.

The record contains excerpts from the depositions of two of the soccer players. One of them, a goalie, testified he often fell in the dirt around the goal area, sometimes face down in puddles one to two inches deep. He also testified he sometimes got dirt in his mouth that he had to spit out. Both players testified at times they went into the Creek to retrieve balls. None of the players except Todd Elliott and his sister, Tracy Elliott are alleging that they are currently suffering from any ailment as a result of their exposure or that they have been personally advised by a doctor that they have an increased health risk due to their exposure.

E. The Elliott Plaintiffs

The Elliott plaintiffs include soccer player Todd Elliott and his younger sister, Tracey Elliott, as well as their parents. Todd played soccer at the Park and Tracey, while attending practices and games at the Park, skipped stones in a stagnant creek near the field, sat on the grass and ate food, crawled and ran on the field and walked through a mud-filled gully near the parking area. The Elliotts allege that as a result of Todd's and Tracey's exposure to contaminants at the Park, Tracey is suffering from acute lymphocytic leukemia and Todd suffers from enlarged lymph nodes and an increased risk of cancer.*fn5

F. The Parties' Expert Reports*fn6

1. Plaintiffs' Risk Assessment

The plaintiffs rely primarily on a report by Richard S. Greeley, Ph.D. ("Dr. Greeley") of R.E. Wright Associates, Inc. entitled "Public Health Risk Assessment of a Soccer Field Near the New Cumberland Army Depot, Fairview Township," dated January 24, 1992 ("Plaintiffs' Risk Assessment"). The Plaintiffs' Risk Assessment is limited to a study of the health risks for children and adults making use of the former landfill as a soccer field. It does not address any health risks to the Township Workers from their excavation work or to the Neighbors ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.