Dominic Cotroneo, et al v. Shaw Env & Infastructure, et al, No. 07-20939 (5th Cir. 2011)
Annotate this CasePlaintiffs, workers who were employed in cleaning up radioactive materials, alleged that they were harmed by excessive exposure to radiation at a Texas work site and brought a tort action in a New York state court against their employer and supervisors under the Price-Anderson Act, 42 U.S.C. 2011 ("Act") and Texas law. At issue was whether the district court erred in dismissing plaintiffs' bodily injury claims for failure to provide evidence that excessive radiation exposure at the cleanup site caused plaintiffs' injuries. Also at issue was whether the district court erred in dismissing plaintiffs' offensive contact claims based on the merits. Further at issue was whether plaintiffs' claims were compensable under the Act. The court held that the district court properly entered summary judgment for defendants on plaintiffs' bodily injury claims where plaintiffs' evidence was insufficient to raise a genuine issue of material fact as to whether there was a causal connection between the radiation exposure and plaintiffs' claimed injuries. The court also held that the district court erred by holding that plaintiffs' offensive contact claims did not arise under federal law where those claims were part of a suit which was a public liability action. The court further held that plaintiffs may not recover on their offensive contact claims where such a recovery would be inconsistent with the Act when plaintiffs have not shown that their radiation exposure caused their alleged physical injuries and that their exposure constituted a nuclear incident.
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