Abbey
Abbey v. United States of America, Department of the Navy
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 KEVIN ABBEY, et al., Case No. 20-cv-06443-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v. 11 Re: Dkt. No. 69 UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY, et al., 13 Defendants.
14 Plaintiffs are current and former San Francisco Police Department (SFPD) employees who worked at Building 606 at the former Hunters Point Naval Shipyard (HPNS) in San Francisco. Plaintiffs include those SFPD employees’ spouses and domestic partners, as well as surviving family members or personal representatives of deceased former employees. The employee plaintiffs are alleged to have been exposed to “unsafe levels of radioactive and otherwise hazardous substances” at Building 606 because of the Navy’s negligent acts. Dkt. No. 33 (FAC) ¶ 1. Plaintiffs allege claims against the United States for (1) negligent undertaking, negligent failure to warn, negligence per se, negligent misrepresentation; (2) public nuisance; (3) loss of consortium; (4) wrongful death; (5) negligent infliction of…