McMunn v. Babcock & Wilcox Power Generation Group, Inc., No. 15-3506 (3d Cir. 2017)Annotate this Case
Plaintiffs assert that they developed cancer after being exposed to excessive radiation emissions from the Nuclear Material and Equipment Company’s Apollo, Pennsylvania facility. The district court held that their common-law claims against were preempted by the Price-Anderson Nuclear Industries Indemnity Act and rejected their Price-Anderson “public liability” claims on summary judgment. The Third Circuit affirmed. Although the Act preempted common-law negligence claims, the public liability claims require Plaintiffs to prove versions of the traditional negligence elements: duty, breach, causation, and damages. With respect to duty, the court noted the restrictions on access to the facility; Plaintiffs did not establish the existence of excessive radiation outside the restricted area. The facility’s license did not establish a tort duty. Even with state-of-the-art data, it is impossible to determine with certainty that radiation is the cause of a given incidence of cancer. Plaintiffs failed to offer evidence from which a jury could find that each plaintiff was exposed to radiation from Defendants’ uranium effluent sufficiently frequently, regularly, and proximately to substantially cause their illnesses.