Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida
Order Granting Class Certification
Case: 017-022967-CA-01
Bryson attorneys have obtained class certification in the Old Smokey case. The court found that based on the evidence and testimony presented during the five-day class certification hearing, and the prior proceedings evidentiary record, that the plaintiffs met their burden and class certification is warranted.
Background
The case involves an action on behalf of individuals arising from the City of Miami’s decades-long operation of a municipal waste incinerator, commonly known as “Old Smokey,” in the formerly segregated community of West Coconut Grove. Plaintiffs allege incinerator was operated for decades and emitted substantial quantities of toxic ash. This ash was dispersed throughout the surrounding residential neighborhoods and contained hazardous substances that were deposited onto residential properties and into areas where community members lived, worked, recreated, and engaged in daily activities.
Plaintiffs also allege that the city became aware of the hazardous nature of these materials but failed to disclose the risks to residents, failed to adequately investigate the extent of the contamination, and failed to remediate affected properties. The proposed classes are individuals who have lived in and/or own property in the area and whose have been exposed to and contaminated by these harmful substances.
This action has been litigated for several years and has prevailed through the City of Miami’s motion to dismiss. The court also ruled on three motions for summary judgement filed by the City of Miami, denying two motions in full, and denied the third motion as to the nine specific cancers, while granting summary judgement for the non-cancerous conditions.
The following classes were adopted for certifications:
Medical Monitoring Class: All persons whose exposure to additional dioxin and arsenic above background levels due to contamination from Old Smokey has resulted in an incremental cancer risk of greater than two in a million.
Property Classes: All persons who currently own one or more residential subject properties located within the zone of contamination as of the date of the order.
Property Subclass: Whose use and enjoyment and property values are and have been damaged due to the historical and continued presence (or occupancy) of contaminants on the subject properties.
Bodily Injury Class: All individuals who have been diagnosed with a medical condition related to dioxin and/or arsenic exposure due to living in the contaminated area. Within this class, the court certifies for class treatment only the issue of general causation: whether exposure to contamination from Old Smokey can cause the medical injuries identified by plaintiffs’ experts.
Bryson attorneys: Patrick Montoya and Markus Kamberger