Randall Lozar v. Birds Eye Foods, Inc.

KETHLEDGE, Circuit Judge.

The plaintiffs in this case allege that Birds Eye Foods, Inc. contaminated the groundwater underneath their homes, causing personal injuries as well as injuries to their property. The district court granted summary judgment to Birds Eye on causation grounds. We affirm.

I

The plaintiffs are more than 60 people who live near a fruit-processing plant owned by Birds Eye in Fennville, Michigan. The plant generates wastewater that Birds Eye sprays onto fields adjacent to the plant. In 2008, Birds Eye notified the plaintiffs that samples taken from the groundwater under the…