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Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 1 of 11

Kevin P. Sullivan, OSB # 162383


Sullivan Law Firm
2 701 Fifth Avenue, Suite 4600
Seattle, Washington 98104
3 Telephone: (206) 903-0504
Facsimile: (206) 624-9292
4 K.Sullivan@SullivanLawFirm.org
5
6
7

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

10

VALERIE AILEEN SILVA and


RICHARD SILVA, a married couple,

11
12
13

v.

Plaintiffs,

BULLSEYE GLASS CO., an Oregon


Corporation,

14

Defendant.

15

CAUSE NO.:

)
)
)
)
)
)
)
)
)
)

COMPLAINT FOR DAMAGES


PERSONAL INJURY ACTION (28 U.S.C.
1332; 28 U.S.C. 1391)
DEMAND FOR JURY TRIAL

16
17

Plaintiffs allege:

18

PARTIES, JURISDICTION, AND VENUE


1.

19
20
21

Plaintiffs Valerie and Richard Silva, husband and wife, are residents of the state of
Washington.

22
23
24
25
26
T HE SULLIVAN LAW FIRM

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K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 2 of 11

2.

2 Defendant Bullseye Glass Co. is an Oregon corporation with its principal office located in
3 Portland.
4
5

3.
There is complete diversity between the parties and jurisdiction is vested in this court

6 pursuant to 28 U.S.C. 1332. Each Plaintiffs damages exclusive of expenses and accruing
7 interest exceed $75,000. Venue is proper under 28 U.S.C. 1391 as defendant resides in
8 the District of Oregon and the incidents alleged herein took place in the District of Oregon.
9

BACKGROUND FACTS

10
11

4.
Plaintiff Valerie Silva, age 63, is employed by Fred Meyer at its Portland office facility

12 located at 22nd and Powell streets. This office facility is located across the street from
13 Bullseyes factory.
14
15

5.
Ms. Silva was diagnosed with stage IV (terminal) non-small cell lung cancer on

16 September 28, 2014. The cancer is located in both lungs. The cancer was caused by airborne
17 contamination. Ms. Silva never smoked cigarettes or used other tobacco products, nor did
18 her husband.
19
20

6.
Since her diagnosis, Ms. Silva has received regular medical treatment for her cancer.

21 Ms. Silva has suffered pain and suffering and loss of enjoyment of life as the result of her
22 cancer, the cancer treatment, and the prospect of an early death. Her mother lived until she
23 was 92 years old.
24
25

7.
Mr. and Mrs. Silva have a close and loving marriage. They are the parents of two

26 daughters and have four grandchildren. Ms. Silva has been severely emotionally traumatized
T HE SULLIVAN LAW FIRM

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K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 3 of 11

1 by her cancer diagnosis. Her husband Richard has likewise been severely emotionally
2 traumatized by his wifes cancer diagnosis and the devastating experience since her
3 diagnosis, and suffers loss of consortium. They will continue to suffer emotional harm from
4 this situation for the rest of their lives.
5
6

8.
On February 4, 2016, Ms. Silva received a notice at work that high levels of arsenic,

7 cadmium and hexavalent chromium were obtained at a testing site located in the Fred
8 Meyer parking lot. These contaminants had been emitted from the smokestacks at the
9 Bullseye facility across the street.
10
11

9.
Arsenic, cadmium and hexavalent chromium are classified as class I human

12 carcinogens by the US Department of Health and Human Services (DHHS) and the
13 International Agency for Research on Cancer. The U.S. Environmental Protection Agency
14 (EPA) and the State of Oregon Department of Environmental Quality (DEQ) have
15 established standards for the allowed emissions of these contaminants. In particular, the
16 EPA established National Emission Standards of Hazardous Air Pollutants (NESHAP) for
17 Glass Manufacturing sources, 40 CFR Part 63, sub part SSSSSS.
18
19

10.
According to the protocols and standards set forth by the World Trade Center Claims

20 Administrator (relying on scientific studies), airborne exposure for a period of as little as


21 approximately four years to these contaminants causes lung and other solid cancers. Their
22 toxicity and carcinogenicity have been well known in the United States for decades. In
23 addition, these contaminants act as cancer tumor promoters for lung cancer cells. The
24 suppliers of these contaminants provided Bullseye with Material Safety Data Sheets which
25 state that these contaminants are human carcinogens and thus Bullseye was on notice that
26 it was emitting carcinogens into the atmosphere.
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 3 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

1
2

Filed 06/14/16

Page 4 of 11

11.
Bullseye began operation as a stained glass factory at its present location in 1974. As

3 part of the stained glass manufacturing process at its facility, large quantities of arsenic,
4 cadmium and hexavalent chromium are used regularly. Bullseye has continuously emitted
5 these contaminants into the air from this facility in southeast Portland for the past 40 years.
6 In 2014, for example, Bullseye used 1,800 pounds of arsenic trioxide.
7
8

12.
Bullseye knew or should have known that it had been emitting significant and unsafe

9 levels of these contaminants for decades. In fact, although it was aware of the dangers caused
10 by these contaminants, Bullseye lobbied and obtained from the EPA an exemption from
11 regulations for these contaminants so Bullseye would not have to treat or filter these
12 contaminants prior to emission.
13
14

13.
On July 27, 2010 the EPA sent Bullseye a letter which notified Bullseye that its

15 Portland facility was subject to 40 CFR Part 63 Subpart N, Manufacture of Glass in Periodic
16 Furnaces, attached as Exhibit A hereto.
17
18

14.
Portland residents complained to environmental regulators about emissions from

19 the Bullseye facility for decades. Nevertheless, Bullseye continued to emit these
20 contaminants.
21
22

15.
DEQ detected toxic levels in Portlands air over the past decade. DEQ did not

23 determine the source of the contamination until recently, as described below.


24
25

16.
Starting in 2012, the United States Forest Service began testing of moss in the

26 Portland area. This testing revealed high levels of the above contaminants. Because moss
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 4 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 5 of 11

1 grows on trees and absorbs nutrients and toxins from the air and not from the soil, any
2 contaminants detected in moss are derived solely from the air and rain.
3
4

17.
Research and testing by the Forest Service and DEQ established that the Bullseye

5 facility is the source of this contamination of arsenic, chromium and cadmium. In October
6 2015, DEQ tested the air in the vicinity of the Bullseye facility, and measured arsenic at 159
7 times the state-established levels, and cadmium at 49 times the state-established levels. In
8 February 2016, DEQ reported that unsafe levels of chromium had also been detected in the
9 vicinity of the Bullseye facility. Attached hereto as Exhibits B and C are tables summarizing
10 the exposure concentrations of these contaminants according to DEQ. DEQ has confirmed
11 in public announcements that Bullseye is the source of the above carcinogenic chemicals
12 into the air. Plaintiffs attach as Exhibit D, two maps developed by the Portland Oregonian
13 from this governmental research which identify the scope and source of the contamination
14 from the Bullseye facility.
15
16

18.
Plaintiffs never had knowledge or suspicion that toxic waste from the Bullseye facility

17 had been contaminating the air adjacent to the Fred Meyer office facility until the February
18 4, 2016 announcement at Fred Meyer. In fact, Ms. Silva went on daily walks for exercise on
19 breaks and at lunch time in the area of the Bullseye facility.
20
21

19.
Ms. Silvas lung cancer was proximately and directly caused and its growth promoted

22 by her exposures to the above contaminants from the Bullseye facility.


23

FIRST CLAIM FOR RELIEF

24

(Strict Liability for Ultra-Hazardous Activity)

25

20.

26
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 5 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 6 of 11

Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 19 of the

2 Complaint as though fully set forth.


3
4

21.
Bullseye knew or should have known that the dispersal and discharge of the above

5 contaminants into the air would create and has created actual harm to humans, including
6 Ms. Silva.
7
8

22.
Bullseye knew or should have known that there existed, and still exists, to a scientific

9 probability, the probability that harm to others would result from the discharge of these
10 contaminants into the air.
11
12

23.
Bullseyes improper use and disposal of these contaminants was and is an ultra-

13 hazardous activity.
14
15

24.
As a direct and proximate result of these negligent acts and omissions, Plaintiffs have

16 suffered and will suffer non-economic damages of great physical, mental and nervous pain
17 and suffering, including the cancer suffered by Ms. Silva in an amount which exceeds the
18 jurisdictional minimum of this Court.
19
20

25.
As a direct and proximate result of these negligent acts and omissions, Plaintiffs have

21 and will suffer economic damages in an amount in excess of the jurisdictional amount of
22 this Court.
23

SECOND CLAIM FOR RELIEF

24

(Negligence)

25

26.

26
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 6 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 7 of 11

Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 19, 21

2 and 22 of the Complaint as though fully set forth.


3
4

27.
Bullseye owed Ms. Silva a duty of care not to expose her to harm from the emissions

5 from its facility.


6
7
8

28.
Bullseye was negligent in one or more of the following particulars:
i)

Emitting cancer causing air pollutants into the air in a

residential and commercial area within a large city in such a

10

concentration as to be harmful to Plaintiff Valerie Silvas health;

11

ii)

12
13

Allowing an unreasonably dangerous condition on its premises


to escape and harm persons such as Plaintiff Valerie Silva;

iii)

Hiding from Plaintiffs and the public the fact that it was

14

poisoning Plaintiff Valerie Silva and others by emitting

15

hazardous air pollutants to travel into Plaintiff Valerie Silvas

16

environment;

17

iv)

Failing to warn Plaintiff Valerie Silva that when Bullseyes

18

emission of hazardious air pollutants came into contact with

19

Plaintiff Valerie Silva, the pollutants were likely to cause

20

Plaintiffs to suffer physical and emotional harm;

21

v)

Failing to reduce or eliminate emitting the hazardous air

22

pollutants identified in paragraphs 9 and 10 to levels deemed

23

safe for humans;

24
25

vi)

Exceeding emissions limits placed on it by state or federal


agencies for the identified hazardous air pollutants; and

26
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COMPLAINT FOR DAMAGES - 7 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

vii)

Document 1

Filed 06/14/16

Page 8 of 11

Circumventing federal air pollutant standards in violation of 40

CFR 61.19; 40 CFR Part 63, subparts N and SSSSSS, although

Bullseye knew or reasonably should have known that its actions

would result in the emission of known human carcinogens at

unsafe levels.

6
7

29.
As a direct and proximate result of this negligence, Plaintiffs have suffered and will

8 suffer great physical, mental and nervous pain and suffering, including the cancer suffered
9 by Ms. Silva.
10
11

30.
As a direct and proximate result of this negligence, Plaintiffs have and will suffer

12 additional general and special damages in an amount to be proved at trial.


13

THIRD CLAIM FOR RELIEF

14

(Negligence Per Se For Violation of ORS 468A.010 et seq.)

15
16
17

31.
Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 19, 25

18 and 26 of the Complaint as though fully set forth.


19
20

32.
As actual operators and managers of facilities causing contamination at the Bullseye

21 facility, Bullseye violated the provisions of ORS 468A.010 et seq., which provides that no
22 person may discharge or emit a noxious contaminant into the air in any manner which will
23 result in contamination, pollution or a nuisance. The statutes (or their predecessors) have
24 been operative since before Bullseye opened its facility.
25

33.

26
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 8 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 9 of 11

Bullseyes violation of ORS 468A.010 et seq., and the regulations adopted by DEQ

2 under its authority, proximately caused the Plaintiffs harms.


3
4

34.
These air quality statutes and regulations were intended to prevent this type of injury

5 to people, and Plaintiffs are members of the class of persons for whose protection these
6 environmental protection statutes were adopted. Plaintiffs have suffered individual harm
7 separate and apart from the public at large.
8

FOURTH CLAIM FOR RELIEF

(Loss of Consortium)

10
11

35.
Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 19, 25

12 and 26 of the Complaint.


13

36.

14

At all material times herein Plaintiffs were married and continue to be married.

15

37.

16

As a result of the wrongful and negligent acts of Bullseye, the Plaintiffs were caused

17 to suffer, and will continue to suffer in the future, loss of consortium, loss of society,
18 affection, assistance, and conjugal fellowship, all to the detriment of their marital
19 relationship.
20

FIFTH CLAIM FOR RELIEF

21

(Battery as to Plaintiff Valerie Silva Only)

22
23

38.
Plaintiff, Valerie Silva, realleges and incorporates herein by reference paragraphs 1

24 through 19, 24 and 28 of the Complaint.


25

39.

26
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 9 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 10 of 11

Bullseye caused non-consensual, harmful or offensive contact with Plaintiff Valerie

2 Silva by virtue of its conduct as alleged above.


3
4

40.
Bullseyes actions directly or indirectly caused a non-consensual, harmful or offensive

5 contact with Plaintiff Valerie Silva.


6
7

41.
Bullseyes conduct of knowingly emitting noxious contaminants in the location

8 proximate to Plaintiff Valerie Silvas workplace and where Bullseye knew persons such as
9 Plaintiff Valerie Silva would inhale or otherwise come into contact with said contaminants,
10 was careless, willful, wanton and violated Plaintiff Valerie Silvas right to be free from
11 Bullseyes misconduct, justifying an award of punitive damages.
12
13

42.
Plaintiffs reserve the right to add a request for punitive damages upon request to this

14 Court after discovery is completed.


15

DEMAND FOR JURY TRIAL

16
17

43.
Plaintiffs demand a jury for trial of all of their claims.

18

REQUEST FOR RELIEF

19

Plaintiffs request the following relief:

20

1.

For an award of actual and punitive damages on their claims.

21

2.

For prejudgment interest.

22

3.

For costs and attorneys fees.

23

4.

For such other and further relief as the Court deems fair and equitable.

24
25
26
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 10 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1

Filed 06/14/16

Page 11 of 11

DATED this 14th day of June, 2016.

2
THE SULLIVAN LAW FIRM

3
4

By:

Kevin P. Sullivan, OSB #: 162383

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
T HE SULLIVAN LAW FIRM

COMPLAINT FOR DAMAGES - 11 of 11

K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504

Case 3:16-cv-01078-PK

Document 1-1

Filed 06/14/16

Page 1 of 10

EXHIBIT A

Case 3:16-cv-01078-PK

Document 1-1

STATES ENVIRONMENTAL
REGION

UNITED

1200

WA

PROTECTION AGENCY
900

Suite

98101-3140

JUL

Mr

Page 2 of 10

10

Avenue

Sixth

Seattle

Filed 06/14/16

LulO

WASTE AND TOXICS

AiR

Durrin

Eric

Controller
Glass

Bullseye

Company

21

3722 Southeast
Portland

Re

Oregon

of 40

Applicability

Dear

Mr

letter

is

Arsenic

Inorganic

in

Emissions

EPA

Oregon

manufacture

of colored

of furnaces

are

small furnaces

Out

of

to

too

as

Subpart

is

are

covered

elaborated

on

melt can

described

by e-mail dated

It

is

furnace exhaust

do

not

possible
It

meet

is

to

is

the

to

It

that

contains

request

and

added

with the furnace

stated

you

after

in

Companys

you use

that

You

state

they

you

ladle

glass

cooking

The

source

arsenic

term

furnace

outside

in

which

in

glass

wall of the furnace

dated

atmosphere

exhaust

defined

pot furnaces

Register

this

raw material

are

vessels

refractory

are in the

which

to

as

Pot furnaces

Federal

the

Glass

furnaces

uses commercial

one or more

in

located

than 2.5 tons/yr

less

melting The

rule

facility

Bullseye

tank

or

them

of the vessels

information
from

apparent
used

for

the

including

is

further

20 1983

July

material from the

no

Therefore

that

the glass
the

are

not

furnaces

pot

as

as

used

that

and

from

by Bullseye

term

and

to

diagrams

EPA

descriptions provided

sealed off from the furnace

melt to escape

furnaces

Pot Furnaces

photographs

photos diagrams

melting glass

from

material

of

the

Bullseye
is

below

CFR 61.160a

40

during

to

the

to

an

for

emissions

conclusion

definition

is

This

for

Standards

applies

glass

your

pot

into

Emphasis

proposed

further
is

In

as

sealed off from the

arsenic

vessels
for

that

furnace

the

EPAs

at

art

2009

April

Emission

Subpart

applies

glass

dated

National

described

trioxide

openings

the

glass

2010
the

art
refer

stated

stoppers

Glass provided

Glass that

atmosphere

the

from

July

as

melting furnace

The

would emit no

Bullseye

Subpart

pot furnaces

to

preamble

escape

here

by Bullseye

is

glass

heating

the

that

colored

melting furnace

48FR33 153 Because

facility

of Glass in Periodic Furnaces

e-mail

of colored

pot furnaces

of arsenic

Subpart

each

with refractory
in

manufacture

which you

usage

apply

glass

melted by indirect

61

raw materials charged

reported

do_ot

subpart

have

via

CFR

Glass Manufacturing

in

glass

submitted

or not 40

has determined
art

that

them Your

subpart applies

glass

request

from

melt glass

to

Applicability

and

to

Glass manufactures

Bullseye
variety

Manufacture

to

Subpart

of whether

Companys Bullseye Glass

Portland

is

61

Part

response

determination

applicability

This

CFR

Durrin

This

Glass

Avenue

97202

is

defined

the

furnace

Glas

at

for the

Pr/nt

with

the

the

Portland

purposes

on R9cy0194

of

Case 3:16-cv-01078-PK

40

CFR

Part

61

If

Region

you

Based on

Subpart

melting furnace

Bullseye

have

any

Document 1-1

Glass

further

is

the

10 Office of Air Waste and

use of commercial

40

to

subject

questions

Filed 06/14/16

CFR

or concerns

Toxics

at

206

Part

arsenic

61

as

Page 3 of 10

raw

material

in

glass

Subpart

please contact

Heather

Valdez of

the

553-6220

Sincerely

Nancy
Federal

cc

Kathy

Helm
and

Manager

Delegated

Air Programs Unit

Amidon

Air Permits and

Compliance

ODEQ

Printed

on Recycled

Paper

Case 3:16-cv-01078-PK

Document 1-1

Filed 06/14/16

Page 4 of 10

EXHIBIT B

Case 3:16-cv-01078-PK

Document 1-1

Filed 06/14/16

Page 5 of 10

Exposure Concentrations
~------

!Table 1: Air quality data in the air near Powell and SE 22nd Avenue in Portland - Source DEQ
Chromium Cobalt
jArsenic Selenium Cadmium ! Lead
Nickel
Manganese j Beryllium-!

I
I
f- _5-~~~o~~te __ ~~{6~- i~~f- j (ll~~2---Y~w9~t- J~~'1'fl-1Jll~[~l __ri~~!1YL _ing/:~ 5___ti11~~:---j

~~~~~~~~~ -~i---1-- ~:~---+------a\-----r-4~:1--- 1~~

~::

+!:~ ----- ~~+---+~~~~~ I

3
195.4 ! 5.4 I 2.3
4
I 0.007 I
13.2
8.6
32.5 I
8
14.2
I q~ ]
2.2 I
1.4
I 0
16
I 18.3
0.03
0 -----!--------2.7
44.2
___ , - - 10.1
2.9
8.2
0.012
0.8
1.5
-0.008
8.3
4.4
7.6
7.4
8
16.7 I 2.9
12.3
13.1
0.008 i
6.5
---
13
11 .6
:so.7 --F~:~-~ 24:3_
~~ri
5.2
4.3
27.7
I
I
o
r o.013 ,
-0.8
23.5
0.029
1.1
_ 1012412015 I 439 .~ 1----~~---J___3.5 __ L~-48.1
7.1
-----
0.01
I 1012612015 l4a l
3.5
i 60.4 I 271 .1
67.3
1.9
7.2
132.9
21 .1
1__ 1012712015
24.4
o.8
15.9 1---1s.s r=:_Io. a _---L-_!_o.2 1 9.: !
6
10/29/2015
37.7
2.8
93.2 I 220 - --- 56.9
248.3 I 4 6
3.4
1013012015
38.5
o.4
97.3 r 136.5
41 .7 ! 124.4 I 1. 4
13.3
I
I 71 .5 I 0.9 1I 31 .7 44.3 I 29.4 I' 42.9 1I 5.~ I 18.6
Average
1
248.3 I
17
50.5
..
I 101 .1 I 271 .1
195.4
1~
I
I 0.062
-f
3.4
1
___________ ,_ ------------- --------------------t___
- -1 2!:.1
6
47.1
!
~ ~--+--~--~------------___,;-------<
1-- Max. Val. _
_ 439.5Q_
3.50 --L~-Q_~J_Q___[_ ?Z1_:!2-__ 195.40
248.30 -~_Q ----~Q:~g___ ___9Jl
Min. Val.
17.40
0.10
i 1.10 I 0.00
0.80
2.20 1 1.40
3.40
I 0.01
0.06 I
Range
422.1_q__
3.40 __j_100.0_Qj_ 271.10
194._Q_~ 246.10 ' 15.60
47.10
10/10/2015
~-!~~015 _
I lU/14/2015
10/15/2015
--10/17/2015
10/18/2015
I
10/20/2015
10/21/2015
II 10/23/2015

24.9
25.5
19
17.4
21
20.1
21.4
22.8
23.3

0.3
o.9
0.1
0.4
0.2
0.4
0.3
1.1
0.3

20.3
20.1
I 1.1
1.1
7. 7
6. 7
14.8
101.1
I
3

~~ --~-}~5.

---------- --~---

M;~~;em

Standard

4~2~

1~~;~~- 1~~~~

Confidence
Level (95.0%)
95% Upper
, Con. Limit AM
f 95% Lower

I
I

~~~~Limit~-1

Median

---~+ -]

fo6---r 27~.1

_J

1~~~6

I~

1~

~~-~~ __ j- _ ~;;~ --r - ~~:~~ _--~~~~~--L-:1:: ~~____J~~~~ - ~~:~~

63.86

0.48

135.4

1.4

7.7
24.40

0.4
0.55

18.09

39.99

26.03

I 31 .02

55.5
13.7
15.35

4.3
11.05

3.4
9.70

1~~do

25.4
11.9
10.15

0.0

Case 3:16-cv-01078-PK

Document 1-1

Filed 06/14/16

Page 6 of 10

EXHIBIT C

Case 3:16-cv-01078-PK

Document 1-1

Filed 06/14/16

Page 7 of 10

Table 2: Concentrations of Arsenic, Cadmium and Chromium found in the air in Portland Oregon
Compared to Regulatory Standards.
US EPA
(Air) RSL 1

ORDEQ
Ambient
Benchmark

OR DEQ Max.
Sampled
Concentration

ORDEQ
Average
Sampled
Concentration

Maximal
Exceedance of
the Oregon
DEQ
Regulatory
Level

Maximal Exceedance of the


USEPA RSL (Regional Screening
Level)

Arsenic (g/m 3)

0.00065

0.0002 2

0.1011

0.0317

506x

156x

Cadmium (g/m 3)

0.0016

0.0006

0.1 954

0.0294

325x

122x

Chromium (VI)

0.000012

0.000083 3

0.4395

0.0715

5,295x

36,625x

(g/m3)

US EPA, "Residential Screening Levels, " 2015, United States Environmental Protection Agency.

Oregon DEQ, "Air quality data in the air near Powell and SE 22nd Ave in Portland," 2015. Oregon Department of Environmental Quality.

Oregon DEQ, "Meeting Summary, Meeting #7," 2005, Air Toxics Program, Air Toxics Science Advisory Committee. Also :
http://www.deq .state.or.us/aq/toxics/faq.htm

Case 3:16-cv-01078-PK

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Page 8 of 10

EXHIBIT D

Case 3:16-cv-01078-PK

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Filed 06/14/16

Page 9 of 10

u-

t;

f-

'-rl'tr,,rl

ll[! l Lli'l!lr.j,li ! I FlLt I

7.

z!

t1'

Bullseye Glass Co

:
=
t4

BFTOOKLYN

Case 3:16-cv-01078-PK

Document 1-1

Filed 06/14/16

=
z
U

LADD'5
ADDITION

tlJ

t-.

SOUTI-IEAST D

Page 10 of 10

Case 3:16-cv-01078-PK

Document 1-2

Filed 06/14/16

Page 1 of 1

CIVIL COVER SHEET

JS 44 (Rev. 11/15)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

VALERIE SILVA AND RICHARD SILVA, a married couple,

BULLSEYE GLASS CO., an Oregon Corporation

Clark County

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Kevin P. Sullivan
Sullivan Law Firm, 701 Fifth Avenue Suite 4600, Seattle, WA 98104
(206) 903-0504

II. BASIS OF JURISDICTION (Place an X in One Box Only)


u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4

Diversity
(Indicate Citizenship of Parties in Item III)

Multnomah County

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Ivan Gold
Perkins Coie LLP, 1120 N.W. Couch St Fl. 10, Portland, OR 97209
(503) 727-2214

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
u 1

DEF
u 1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State

Citizen of Another State

u 2

Incorporated and Principal Place


of Business In Another State

u 5

u 5

Citizen or Subject of a
Foreign Country

u 3

Foreign Nation

u 6

u 6

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT
u
u
u
u
u
u
u

u
u
u
u
u

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u
u
u
u
u

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure


of Property 21 USC 881
u 690 Other

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

u
u
u
u
u

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRSThird Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)


u 1 Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District

u 6 Multidistrict
Litigation

(specify)

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

28 U.S.C. 1332

VI. CAUSE OF ACTION Brief description of cause:

Personal injury from environmental exposures

u CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


u Yes
u No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

06/10/2016
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case 3:16-cv-01078-PK

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Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

District
of Oregon
__________
District
of __________
VALERIE SILVA and RICHARD SILVA, a married
couple,

Plaintiff(s)

v.
BULLSEYE GLASS CO., an Oregon Corporation

Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION


To: (Defendants name and address) BULLSEYE GLASS CO.
C/O Ivan Gold
Perkins Coie, LLP
1120 N.W. Couch Street 10th Floor
Portland, OR 97209

A lawsuit has been filed against you.


Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: KEVIN P. SULLIVAN
Sullivan Law Firm
701 Fifth Avenue Suite 4600
Seattle, WA 98104

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

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