A motion for dismissal was granted by the U.S. District Court in a case accusing Nuclear Fuel Services, Inc. of negligence in handling nuclear material.
According to an NFS press release sent on Thursday, Dec. 27: On December 21, 2012, NFS, along with all other defendants in the lawsuit styled as a class action in the U.S. District Court for the Eastern District of Tennessee (Case No. 2:11-cv-173 Adkins, et al. v. W.R. Grace & Company, et al.), received notice that the court had granted NFS motion to dismiss the plaintiffs claims, the release states. The court also denied the plaintiffs motion to amend the complaint.
For over a year, many individuals who have been involved in the class action lawsuit have sought compensation for alleged injuries sustained by them or relatives due to NFS operations. Nineteen parties from Unicoi County and surrounding areas were included in the original complaint filed in June 2011 and has since increased to 143 parties.
Throughout the operational history of these facilities, Defendants have caused the release of radioactive, hazardous and toxic substances into the surrounding environment, the original complaint states. These releases have contaminated the air, soil, surface water and groundwater in the surrounding communities. The harm directly and proximately caused by Defendants includes property damage and personal injuries.
NFS filed a motion to dismiss in October 2011, which states that plaintiffs were unable to provide specific violations and sufficient factual details linking the NFS operations to any injuries sustained.
Several amendments to the complaint and motions were submitted to the court and the dismissal was in favor of the defendants opinion regarding the plaintiffs basis for their claims.
NFS President Joe Henry said he is aware that plaintiffs in the case can appeal the dismissal.
“We are pleased that the U.S. District Court ruled in our favor,” said Henry in the release. Although we recognize the possibility that the plaintiffs could seek to appeal the courts decision, we consider this ruling to be an important decision for all defendants in the case. We remain committed to operating safely and securely, protecting our employees, the public, and the environment. We look forward to a long future of manufacturing the fuel that keeps our nation safe.
By Kayla Carter