The court of appeals reversed a district court judgment. The court held that the discretionary function exception to Federal Tort Claims Act did not bar causes of action for personal injury resulting from government’s allegedly negligent disposal of toxic substances during environmental remediation project.
C. Myers sued the United States for injuries allegedly sustained by her minor child, L.M., as the result of exposure to the toxic heavy metal thallium. The thallium, Myers contended, was present in soil dumped into a landfill adjacent to L.M.’s residence and school.
