RAINER V. UNION CARBIDE CORPORATION
402 F.3d 608 (6th Cir. 2005)
FACTS: The PDGP is an industrial plant located built by the federal government as part of
an initial foray into uranium processing. It has been managed since its construction by
three successive operators (Ds). They are Union Carbide, Martin Marietta, and Lockheed
Martin Utilities Services. PGDP enriches uranium. Enriched uranium is not a highly
radioactive material, but it is known to be toxic, both chemically and radiologically, if
ingested. The plant has intermittently reprocessed spent uranium that has been removed from
nuclear reactors. As a consequence of receiving and processing spent uranium, PGDP became
contaminated. The employees were apparently kept ignorant about the presence of neptunium or
plutonium at the plant. Company documents also reveal a disregard for worker safety. Ps
allege they have suffered certain subcellular damage to their DNA and chromosomes. Experts
testified that exposure constitutes irreversible harm and damage to the body. But none of
the Ps display any outward signs of any type of radiation diseases. The district court
dismissed the claims brought by the Class I Ps, concluding that the Kentucky Workers'
Compensation Act provided the exclusive remedy. Their Bivens claims were dismissed one year
later in that the Price-Anderson Act, 42 U.S.C. 2011, preempted state-law claims. It
further held that Ps' evidence of subcellular damage was insufficient to be considered
'bodily injury' under the Price-Anderson Act. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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