Lawson v. Gen. Elec. Co.

323 F. Supp. 3d 980
CourtDistrict Court, E.D. Illinois
DecidedJuly 12, 2018
DocketCase No. 16-CV-4299
StatusPublished
Cited by2 cases

This text of 323 F. Supp. 3d 980 (Lawson v. Gen. Elec. Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawson v. Gen. Elec. Co., 323 F. Supp. 3d 980 (illinoised 2018).

Opinion

CHARLES RONALD NORGLE, Judge

Plaintiffs Steven Lawson ("Mr. Lawson") and Darla Lawson (collectively, "Plaintiffs") bring this public liability action against General Electric Company ("GE") under the Price-Anderson Act, 42 U.S.C. § 2011, et seq. Plaintiffs claim that Mr. Lawson developed brain degeneration with dementia as the result of occupational doses of radiation he received while working on numerous nuclear power plants in the United States and Spain. Before the Court is Defendant's motion for summary judgment, focused on the issue of whether GE owed Mr. Lawson a duty of care, as provided by federal permissible radiation dose limits. For the following reasons, Defendant's motion is granted.

I. BACKGROUND

A. Factual Background

Prior to his retirement, Mr. Lawson was a highly skilled welder employed by The Great Atlantic Pacific Pipe Welding & Construction Company, Inc. ("GAPCO"). GAPCO was created as a wholly owned subsidiary of Dimetrics, a company formed by Mr. Lawson's father-in-law to do business in the welding industry.

From 1979 through 1986, Mr. Lawson performed welding work on Boiling Water Reactors ("BRW") that were designed and manufactured by GE for use in nuclear power plants. Mr. Lawson worked on *982BWRs installed in nuclear power plants located in California, New York, New Jersey, Connecticut, Pennsylvania, North Carolina, Illinois, Nebraska, Alabama, and Vermont. Mr. Lawson also performed welding work on a BWR located in Spain.

The purpose of Mr. Lawson's work was to address and repair intergranular stress corrosion cracking that had developed in pipes attached to the BWRs.1 As an employee of GAPCO, Mr. Lawson's work on the BWRs consisted of two main categories: weld overlay and pipe replacement.2 This work required both manual and automated welding, with the latter using automated welding equipment developed by Dimetrics. Mr. Lawson spent most of his time working on the BWRs running the automated welding equipment, although he also performed some manual welds. Mr. Lawson was additionally tasked with training and supervising local welders hired to assist with the weld overlay and pipe replacement projects.

Each power plant where Mr. Lawson worked was owned and operated by a "Licensee." The term Licensee is this context refers to the utility that applied for and received a license from the Nuclear Regulatory Commission ("NRC") to operate a commercial nuclear power plant. Def.'s SOMF ¶ 4. GE was not the Licensee of any of the power plants where Mr. Lawson worked. GE has produced a list of the Licensees for all of the power plants where Mr. Lawson worked. The list was compiled from publically available documents maintained by the NRC. Plaintiffs' First Amended Complaint ("FAC") alleges that GE was a Licensee or otherwise maintained ownership or control over the relevant nuclear power plants or BWRs. FAC ¶¶ 9, 11, 14, 16, 19, 22, 40. Despite these allegations, Plaintiffs do not presently dispute that GE was not the Licensee of any of the power plants where Mr. Lawson worked.

The Licensees of the power plants where Mr. Lawson worked were responsible for hiring the various companies to complete the weld overlay and pipe replacement projects on the BWRs. The Licensees coordinated the projects through prime contractors, which in turn hired specialty subcontractors-including GAPCO-to perform specific maintenance activities. GE's role in repairing the BWRs was to ensure that the welds completed by Mr. Lawson and other GAPCO employees complied with relevant industry standards. GE also generally supported various aspects of the welding projects at the power plants where Mr. Lawson worked. GE initially contacted Dimetrics because the company had developed automated welding equipment that could remotely complete the welds on the BWRs. GE provided Dimetrics with weld specifications and Dimetrics developed the necessary procedures and protocols for its automated welding equipment. Dimetrics then contracted directly with the various prime contractors to provide the automated welding equipment. GAPCO was hired directly by the prime contractors to provide supervisors, such as Mr. Lawson, who had the expertise to use Dimetric's automated welding *983equipment, as well as other qualified workers to complete the BWR welding projects.

Plaintiffs' FAC alleges that GE failed to take the necessary precautionary measures to ensure that Mr. Lawson was not exposed to an amount of radiation in excess of federal permissible radiation dose limits3 while working on the BWRs. FAC ¶¶ 10, 11, 33, 38. Plaintiffs additionally allege that GE required Mr. Lawson to continue working on its BWRs with knowledge that he had been cumulatively exposed to excessive and harmful levels of radiation. Id. ¶¶ 34, 38. The FAC specifically alleges that GE had a duty to protect Mr. Lawson from incurring occupational doses of radiation in excess of applicable federal permissible dose limits. Id. ¶ 37. Mr. Lawson suffers from brain degeneration with dementia, allegedly as the result of his repeated exposure to excessive doses of radiation while working on the BWRs.

B. Procedural Background

Plaintiffs filed their initial complaint against GE in the Northern District of California on May 28, 2015. In their initial complaint, Plaintiffs set forth six causes of action against GE: (1) Negligence; (2) Strict Liability for Ultra Hazardous Activities; (3) Strict Liability Manufacturing and Design Defect; (4) Premises Liability; (5) Negligence Per Se; and (6) Loss of Consortium. In response, GE filed a motion to dismiss based on two separate grounds: (1) Plaintiffs' six state claims were preempted by the Price-Anderson Act; and (2) the court lacked subject matter jurisdiction.

In its September 23, 2015 Order, the court granted in part and denied in part GE's motion to dismiss. As an initial matter, the court considered whether Plaintiffs' complaint alleged a "public liability action" as defined by the Price-Anderson Act. The court stated that "[u]nder the Price-Anderson Act, a public liability action is 'any suit asserting public liability,' " with public liability defined as "any legal liability arising out of or resulting from a nuclear incident." Lawson v. Gen. Electric Co., 140 F.Supp.3d 968, 972 (N.D. Cal. 2015) (quoting 42 U.S.C. § 2014

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Bluebook (online)
323 F. Supp. 3d 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-gen-elec-co-illinoised-2018.