Paul Clinton
BURBANK -- Lynnell Madrid is livid.
Two days after a judge tossed out lawsuits brought by 140 Burbank-area residents who believe their health problems were caused by Lockheed
Martin Corp., Madrid vowed to fight on.
"It was just earth-shattering," Madrid said. "For four years we have
been hoping for Lockheed to be held accountable for what they did to us."
On Tuesday, Los Angeles Superior Court Judge Carl West said attorneys
for the 140 residents -- picked from a pool of nearly 3,000 because of
the seriousness of their ailments -- didn't prove the aerospace firm was
directly responsible for their health problems.
Although Madrid was not one of the 140 plaintiffs, her claims against
Lockheed, and the claims of the others, are certain to be affected by
West's decision.
In his 49-page opinion, West said the residents' team of attorneys
"failed to meet their burden of providing evidence" that Lockheed caused
the injuries.
Lead plaintiff's attorney Allen Sigel has vowed to appeal the
decision.
Lockheed officials, who have fought the claims since 1996, said the
company was vindicated by the decision.
"I believe it's the beginning of the closing of the books," Lockheed
spokeswoman Gail Rymer said. "There is nothing there to prove and they
didn't put on a case. They didn't provide any credible evidence to
support their claims."
Lockheed manufactured military aircraft in Burbank from 1928 to 1991.
In 1996, the company agreed to pay 1,350 residents $60 million in a
secret settlement after the plaintiffs accused the firm of contaminating
the city's soil and groundwater.
Cancer-causing chemicals left by Lockheed and other manufacturers were
first discovered in Burbank in 1980. After eight years of testing,
federal and state regulators said city soil and water were contaminated.
Several locations were named Superfund sites, a designation reserved
for the most polluted areas in the country.
In 1992, Lockheed and other industrial firms said they would pay $265
million to clean up the contaminants. In January, Lockheed recouped $165
million of that tab from the U.S. government.
One of four sisters to graduate from Burbank High School, Madrid, 44,
said she was diagnosed with Hodgkin's disease 22 years ago. She blames
chemicals used by Lockheed for causing her ailments.
"We were being poisoned by Lockheed and didn't know it," Madrid said.
Former Councilman Ted McConkey said he was stunned by West's ruling.
He predicted Lockheed would face a tough road on appeal.
"The evidence is overwhelming," McConkey said. "We know we sit right
smack in the middle of a toxic hot spot."
Burbank City Manager Bud Ovrom said he couldn't speak to the validity
of the residents' claims.
"This didn't surprise me," Ovrom said of West's decision. "Most of the
litigation has run its course."
Madrid's sister Erin Baker, 42, who now lives in Titusvile, Fla., was
one of the 140 plaintiffs. Baker, who said she was diagnosed with
Crohne's disease as a 16-year-old, is looking ahead to the appeal.
"Lockheed knows what they did," Baker said. "I think they're going to
pay for it."
