In Hellert v. Town of Hamburg , Donald and Joann Hellert sued the Town of Hamburg for allowing "toxic and hazardous substances to migrate." The Hellerts not only claimed property damage but that the chemicals were the cause of their child's migraines.
While the Erie County Supreme Court dismissed some of the Hellerts' claims, it allowed their trespass, nuisance, and negligence claims to survive. On appeal, the Appellate Division, Fourth Department, dismissed the entire case.
Even though "contaminants" were found on the Hellerts' property, the Town established they were neither dangerous nor responsible for the kid's headaches.
The Hellerts' expert, on the other hand, lacked the "requisite skills, training, education, knowledge or experience" to opine on the adverse effects these substances supposedly caused. While his affidavit suggested contaminant levels were above certain "guidelines," he was unable to establish a "significance or relationship of those standards to potential health risks." (While one of the guidelines concerned "drinking water standards," the Hellerts didn't use groundwater or well water for drinking or any other purpose.)
Did the Hellerts get pickled by Hamburg ?
To download a copy of the Appellate Division's decision, please use this link: Hellert v. Town of Hamburg