Golden
Golden v. Ch2m Hill Hanford Group, Inc.
Opinion
Opinion
Facts
Daniel Golden worked at a facility on the Hanford Nuclear Reservation, operated by the CH2M Hill Hanford Group, Inc. (CH2M). CH2M stored liquid waste in large storage tanks; the liquid contained radioactive materials and nonradioactive heavy metals. On May 20, 2002, Golden was working on one of these tanks when up to four gallons of this toxic liquid splashed on him.
Golden sued CH2M in state court under Washington law, claiming that the accident caused him physical injuries rang- ing from colitis to sinusitis, as well as emotional distress. Gol- den’s wife sued for loss of consortium. CH2M removed. The GOLDEN v. CH2M HILL HANFORD GROUP, INC. 6631 district court had jurisdiction under the Price-Anderson Act, which preempts all state-law claims for injury resulting from nuclear incidents. See Phillips v. E.I. DuPont De Nemours & Co. (In re Hanford Nuclear Reservation Litig.), 521 F.3d 1028, 1054 (9th Cir. 2008). The district court granted sum- mary judgment to CH2M, and the Goldens appeal.
Analysis
[1] 1. To survive summary judgment on a toxic tort claim for physical injuries, Golden had to show that he was exposed to chemicals that could have caused the physical…