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Davis v. Gould Elecs.

ELR Citation: 36 ELR 20079
Nos. No. 1:06 CV 0072, (N.D. Ohio, 04/21/2006)

A court dismisses an individual's claim for $2.5 million in compensatory and punitive damages against a potentially responsible party (PRP) of the Omaha, Nebraska, Superfund site. The individual lived on the site from the date of his birth until his 18th birthday. He claims that he was exposed to lead in the soil and suffered brain damage and diminished mental capacity and intellectual development as a result. The individual, however, lacks standing. His complaint does not set forth a single fact that the PRP had ownership of the site or that it operated a plant on the site during the time the individual allegedly suffered his injuries. Without this critical link, there is no injury fairly traceable to the PRP.