Litigation Support for Groundwater Contamination Project

An industrial company was sued by a neighboring property owner who claimed property damages caused by the migration of contaminated groundwater onto its property from the industrial property. Sanborn Head was retained by the law firm representing the defendant industrial company to conduct a technical analysis of the claim and prepare an expert report.

The groundwater contamination included the toxic metals hexavalent chromium and nickel in a complex karst (limestone) geological subsurface environment. These contaminants and the type of groundwater flow system can be difficult to evaluate, and the technical analysis and results must be communicated clearly and simply for non-technical parties.

Sanborn Head developed a multiple-lines-of-evidence argument, which included contaminant fate and transport analysis, to show that the groundwater contamination was appropriately investigated, not moving onto the plaintiff’s property, and that further investigation and response was not needed. We prepared an expert report, reviewed and evaluated the opposing expert report, assisted the defendant’s attorneys with preparation for 30(b)(6) depositions, and provided technical support for a motion for summary judgment. Our analysis and expert report contributed to a summary judgment dismissing the case prior to depositions and trial.