Lockheed Lawsuit Decision Likely Imminent

A decision in a longstanding civil suit against Lockheed Martin is likely imminent, and could be the first step in a much larger class-action lawsuit against the company, according to an attorney involved with the case.

in Moorestown, said her clients—Michael and Ashley Leese, and Jay and Raquel Winkler—filed suit against Lockheed back in July 2011, alleging that dangerous contaminants leaked into the soil and groundwater beneath their homes in the Wexford development across the street from the plant on Borton Landing Road.

According to the suit, the presence of the compounds—chiefly, chlorinated chemical solvents trichloroethylene (TCE) and tetrachloroethylene (PCE)—in the ground is a result of their use in cleaning metal parts at the Lockheed facility. LaVan said the chemicals were most likely first used by Lockheed's predecessors at the site, namely RCA, GE and Martin Marietta.

The lawsuit claims Lockheed Martin inherited responsibility for the contaminants in the ground and newly discovered vapor intrusion in the homes of the Leeses and Winklers.

LaVan said Lockheed has admitted to using the chemicals, but only in very small amounts, and has claimed the levels detected in some of the homes in Wexford do not post a danger. 

That's "a matter of state interpretation," LaVan said, explaining some of the homes tested had levels of TCE and PCE that exceeded state Department of Environmental Protection guidelines, and some didn't. 

However, LaVan said, "the EPA (Environmental Protection Agency) has determined any exposure is considered dangerous." According to a release issued by LaVan's firm, exposure to the chemicals—over both long- and short-term periods of time—can result in eye, nose, and throat irritation; headaches; loss of coordination; nausea; damage to liver, kidney and central nervous systems; and may even cause cancer.

The Leeses and the Winklers are seeking unspecificed damages based on the value of their property, and for personal injury. The suit also seeks an injunction to facilitate the remediation of off-site residences and to prohibit future contamination. 

In accordance with New Jersey Department of Environmental Protection (NJDEP) regulations, Lockheed implemented a remediation plan that continues today.  A series of monitoring wells were installed at the facility, as well as along Borton Landing Road to identify and prevent migration of contaminated groundwater.  

LaVan said she anticipates a decision in the case, which is approacing trial in U.S. District Court in Camden, in the very near future.

"It is moving rather quickly," she said. 

A spokesman for Lockheed Martin declined to comment on the case, stating, "We do not comment on ongoing litigation."

According to LaVan, a class-action lawsuit could be in the offing, involving more residents. The likelihood of such a case however, could depend on the success of the existing suit. 

Information from the Philadelphia Inquirer contributed to this report.