Donald J. Tilley v. Pacific Gas & Electric Company

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald J. TILLEY, Plaintiff-Appellant, v. PACIFIC GAS & ELECTRIC COMPANY, Defendant-Appellee. No. 94-56313. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1996. * Decided March 12, 1996. Before: CANBY, BOOCHEVER, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Donald J. Tilley was employed as a pipefitter by Bechtel, Inc., and worked at Pacific Gas & Electric Company's Diablo Canyon Nuclear Power Plant. Tilley was exposed to radiation while working at the plant on October 24, 1989. When he was tested after washing, his radiation levels were below the federal standards for safe exposure. Tilley later developed tongue cancer. He brought suit in state court against Pacific Gas & Electric Company ("PG & E"), alleging that his cancer was caused by his exposure to radiation at the plant. After removal, the district court granted summary judgment to the utility. We hold that Tilley's suit…