Miranda v. Shell Oil Co.

Opinion

DIBIASO, J.

Plaintiffs ask this court to reverse the entry of a summary judgment in their “toxic-tort” action.

We will reverse the summary judgment. In the published portion, we hold that the cost of future medical monitoring, to detect the onset of disease caused by exposure to pollutants, is a “detriment” under Civil Code section 3333.

Statement of Case and Facts

Defendants manufactured and sold the pesticide 1, 2-Dibromo-3-Chloropropane (DBCP). The plaintiffs named in the third amended complaint numbered well in excess of 100, and were alleged to be students or adults who drank water…