Galaz

Galaz v. United States

Good Law
175 F. App'x 831
United States Court of Appeals for the Ninth CircuitMarch 31, 2006No. 04-15970California413 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Eugenio Galaz, by and through his guardian Frankie Sue Galaz, appeals the district court’s order dismissing his Third Amended Complaint with prejudice. Plaintiff is a minor residing in the City of Fallon, Nevada (City). He alleges that he was exposed to jet fuel from a leak in a gas pipeline that runs beneath the City and services the nearby United States Naval Air Station. Plaintiff brought suit against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80 , joining as defendants the City of Fallon, Exxon Mobil Corporation, and Kinder-Morgan Energy Partners. Plaintiffs complaint was dismissed by the district court because it failed to state a cause of action upon which relief could be granted under Nevada law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*832 Plaintiff seeks to recover the cost of medical monitoring, arising from his alleged exposure to carcinogens in the jet fuel, under theories of liability in negligence, nuisance, strict liability, and fraud. He claims that his exposure has increased the risk that he mil develop a disease and that, as a result, he suffers from a well-founded fear of…

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