A federal judge has ruled that a lawsuit alleging the City of Flint and top state water officials violated Flint residents' "bodily integrity" by exposing them to lead-contaminated water and hiding the contamination may move forward in court, according to the Flint Journal.
Monday, Ann Arbor U.S. District Judge Judith E. Levy issued a 101-page opinion granting Flint residents Shari Guertin, her minor child, and Diogenes Muse-Cleveland permission to move forward in the suit against the City of Flint; its former emergency managers Darnell Earley and Jerry Ambrose; former Department of Public Works (DPW) Director Howard Croft; and eight former state Department of Environmental Quality employees.
The claim alleged the defendants violated the plaintiffs' right to bodily integrity by knowingly and intentionally exposing them to lead-tainted water and hiding the dangers from them.
However, Levy dismissed the claim against Michigan Gov. Rick Snyder, former state DEQ official Patrick Cook and former Flint water official Michael Glasgow, saying the claims failed to directly connect them to the lead-in-water poisoning.
Levy's order claimed the plaintiffs failed to show Snyder was directly involved in the decision-making process surrounding the water crisis. They also failed to Cook was involved in misleading the public.
The federal judge also granted the plaintiffs permission to move forward with negligence claims against the two engineering firms hired to assess Flint's water -- Veolia North American and Lockwood, Andrews & Newnam. Levy said the plaintiffs were able to argue the engineering firms should have recognized their services as "necessary for the protection of plaintiffs and their property," and that residents were "directly and proximately harmed" by their breach of duty.
Levy, however, dismissed 12 other counts in the case, including due process, breach of contract and negligence claims.
Child Lead Poisoning Injuries
Lead poisoning in children can lead to very serious consequences. Many of these conditions can be remain with the child for the rest of his or her life.
- Loss of IQ points
- Learning disabilities
- Speech problems
- Developmental delays
- Loss of learning capacity
- Hyperactivity and attention disorder (ADHD)
- Delinquent and criminal behavior
- Brain damage
- Wrongful death
The injuries caused by lead poisoning prevent many children from reaching their full intellectual and earning potential. These children often need special education services for many years. As a result, the damages suffered by a lead poisoned child are significant. We have won large lead poisoning settlements throughout Michigan and Ohio for children and their parents.
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Parents of children injured in an accident should contact the Michigan child injury lawyers of Buckfire & Buckfire, P.C. We will begin gathering the witness statements and evidence to prove and win your case. Call us now at 1-800-606-1717 to speak with one of our experienced Michigan lead poisoning lawyers. We operate under a strict No Fee Promise, which means you will not owe us anything unless we are able to reach a settlement or jury verdict for your case. There is absolutely nothing to lose so do not hesitate! Call today to speak with an attorney about your child lead poisoning situation.