However, Ranjan found that Tiger lacked standing to bring the lawsuit. It is not clear that Tiger’s symptoms were caused by working with lead-covered cables, and everyone is exposed to lead to some degree, the ruling said.
“Given the naturally occurring lead levels in the environment and in our bodies, and the fact that individuals exposed to lead may not develop any lead-related conditions or symptoms at all, mere exposure to lead—and the mere presence of lead in one’s body—isn’t a concrete injury,” Ranjan wrote.
Verizon said in September 2023 that at sites described in the Wall Street Journal article, soil lead levels near Verizon cables were similar to lead levels in the surrounding area and did not pose a public health risk.
Verizon is also seeking dismissal of a similar lawsuit filed in US District Court for the District of New Jersey. Verizon yesterday submitted a filing to the New Jersey federal court that cited the Pennsylvania ruling. Verizon said the plaintiffs in the two cases are represented by the same legal team and that the allegations are “virtually identical.”
Health claims not specific enough
Ranjan’s ruling said that “Tiger hasn’t alleged the presence of elevated levels of lead in his body,” and “has not taken any blood or bone testing to measure the amount of lead that is presently in his body. This is problematic because, as indicated by the articles cited to in the amended complaint, everyone is exposed to lead, due to its prevalence in the environment.” Ranjan continued:
Mr. Tiger might have a better argument if he had asserted conditions or non-common symptoms that are unique to or at least more consistent with elevated levels of lead in his body. But, despite his allegations that lead exposure can cause certain “catastrophic” health issues, such as reduced kidney function, neurological problems, cardiovascular problems, and cancer, he has not alleged that he suffers from these ailments or that they are even imminent.
And, from the complaint, the Court cannot tell the amount or extent of Mr. Tiger’s exposure to lead, e.g., whether, and the extent to which, the alleged exposure to Verizon’s lead cables increased his risk of contracting an illness or condition, such that it posed an unacceptable risk to his health, and whether there is a dangerous amount of lead in his body. Simply put, the Court requires more concrete confirmation that Mr. Tiger has suffered an injury—or is at imminent and substantial risk of suffering an illness—likely caused by exposure to lead.
In summary, the judge decided that the “complaint fails to plead any cognizable injury-in-fact” and that the “theories of injury in the context of this specific case are too conjectural and speculative.” Ranjan dismissed the complaint without prejudice and said in a footnote that “nothing in this opinion should be construed as a finding that Mr. Tiger lacks standing to bring any of his claims in state court.”
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