Personal Injury Law

Coal Spill Triggers Injury Lawsuits

By mbrickley

Many plaintiffs have filed lawsuits against the Tennessee Valley Authority (TVA) for a coal ash spill that occurred in December 2008.

The plaintiffs had one year to file their lawsuit for personal injury claims.

According to the New York Times, the spill occurred at the Kingston Fossil Plant about 40 miles west of Knoxville.

The wall to an ash pond at the plant gave way, making the water rush out and flood around 5.4 million cubic yards.

The ash pond was located near the Emory River surrounded by a residential area. Three homes were allegedly destroyed by the spill.

River water was tested after the incident, and the samples showed high levels of lead and thallium. According to TVA spokesman John Moulton, these have been known to cause birth defects as well as nervous and reproductive system disorders.

According to the Environmental Protection Agency (EPA) the iron and manganese in the water exceeded the secondary drinking water standards.

The EPA governs the taste and odor of drinking water but not health effects.

The Associated Press reported that the spill has generated more than 20 federal lawsuits.

TVA stated they provide a government service and should be immune from these injury damage claims.
Attorney John Agee is representing clients in 28 different lawsuits against TVA.

Agee stated an administrative agency should be set up to handle the injury claims. He said that these types of agencies have been set up before with disputes over government entities and workplace injuries.

He claims that over 200 plaintiffs are seeking damages from injuries suffered from the spill.

TVA has paid Kingston and other neighboring communities a total of $43 million and agreed to pay settlements to owners of 150 pieces of property.

One suit filed by the Duncan family states they suffered injuries from the spill. They suffered from nosebleeds, frontal headaches, shortness of breath, chest pains and wheezing.

The family lives two to three miles away from the plant, but trucks pass by their house on a daily basis. The trucks are filled with ash as they are continuing the clean up process.

The Duncans are suing TVA for gross negligence and seek $1 million in compensatory damages for their personal injuries. They are also seeking additional punitive damages at an unspecified amount.

Agee stated that TVA has not offered to pay the family anything.

Cleanup for the plant is expected to last until 2013.

Full post as published by The Injury Blog on December 30, 2009 (boomark / email).