Fresno Class Action Alleges Lead-Contaminated City Water

A class action lawsuit alleges that the City of Fresno, Calif. failed to follow safety protocols and allowed its drinking water to be contaminated with lead and other toxic substances.

In addition, the city discovered the extent of the contamination through water testing but failed to inform its citizens of the hazard for a month or more, in violation of both federal and California law, the complaint contends.

According to the class action, “As a result of Defendants’ wrongful conduct, Plaintiffs and potentially tens of thousands of class members have suffered harm and injuries” from “the presence of lead and other toxic contaminants at levels in excess of allowable limits in the drinking water supplied to them by the CITY.”

Specifically, the lead-contaminated drinking water class action lawsuit asserts that Fresno mistakenly switched its main water source from groundwater with heavy minerals to very soft surface water in 2004, without taken the proper precautions for the change in water chemistry.

The complaint claims that Fresno was warned as early as 1998 in a study prepared for the city that using surface water could quickly corrode existing galvanized pipes.

The class action contends that expected corrosion did occur, and was the cause of drinking water discoloration and lead contamination for thousands of city residents.

According to the plaintiffs, the corrosion of the water pipes was accelerated by water meters which were negligently installed by third-party contractors for the city.

The complaint states that between 2008 and 2012, Fresno hired Vulcan Construction & Maintenance (Vulcan) and Measurement Control Systems (MCS) to install water meters for all residential city pipes.

According to the class action, Vulcan and MCS installed brass water meters directly to the galvanized pipes, which increased the corrosion of those pipes.

Finally, the Fresno lead-contaminated drinking water lawsuit contends that the city failed to follow testing and reporting requirements.

The city allegedly tested the water of several residents in January and February of 2016, finding that the level of lead in the water was above safe drinking levels. However, plaintiffs Karen and Michael Micheli claim that they were not told by the city until Mar. 15, 2016, that their water was contaminated.

Similarly, plaintiffs Faith and David Nitschke say they were not informed of the results of their water tests by Fresno until Apr. 6, 2016.

The plaintiffs seek to represent themselves and a Class of “all persons residing within and around the Northeast Fresno, California area, who have suffered harm from being supplied degraded and substandard water by [Fresno’s] public water system.”

The class action is currently only asking for injunctive relief against the city and monetary damages against Vulcan and MCS, but states that it will add claims for damages against Fresno when it is legally able to.

The plaintiffs are represented by Raymond P. Boucher, Shehnaz M. Bhujwala, and Priscilla Szeto of Boucher LLP, Esther Berezofsky of Williams Cuker Berezofsky, LLC, and Gregory Owen of Owen, Patterson & Owen, LLP.

The Fresno Lead-Contaminated Drinking Water Class Action Lawsuit is Karen Micheli, et al. v. City of Fresno, et al., Case No. 16CECG02937, in the Superior Court of the State of California for the County of Fresno.