0? CONNELLY LAW OFFICES, PLLC John R. Connelly, Ir. Reply to Tacoma Office: Lincoln C. Beauregard 2301 North 30th Street Micah R. LeBank Tacoma, WA 98403 Nathan P. Roberts Julie A. Kays Seattle Office: Amanda M. Searle Smith Tower Evan T. Fuller 506 2nd Ave, 33rd Floor Meaghan M. Driscoll Seattle, WA 98104 Marta L. O?Brien Samuel]. Daheim Toll Free: (855) 593-5100 Jackson R. Pahlke September 18? 2019 Tacoma: (253) 593-5100 Matthew]. Wurdeman Seattle: (206) 816-3002 Fax: (253) 593-0380 W.connelly-law.con1 Via Hand Delivety City Hall 600 Fourth Avenue, 3rd Floor Seattle, Washington RE: Gifford v. City of Seattle Dear City Hall: Greetings, I represent Timothy Gifford and family, including his wife Megan and young children. In that regard, attached please ?nd a Tort Claim ?led on behalf of Mr. Gifford, and his entire family. Please direct all future contact through my of?ce. Very truly yours, Admin 6 Lincoln C. Beauregard Enclosure: Tort Claim Form Complaint for Damages (pro-?ling) CITY USE ONLY Nate: City Of SEattle See an mm [mm mm mm, NAME) CLAIMANT Timothy Glfford (and famiiy) private CURRENT HOME ADDRESS STREET - CHY- HATE - BUS PHUNE do Conneily Law Offices same HOME mm: THE TIME STAN 7 same 2301 30m si.. Tacoma, WA 98403 LINCOL um um: JAN 8,2019 ammw. M4 LOCATION as vExvsPEciEic See Attached Complaint for Damages WHAT HAPPENED-7 025mm: mun 0w" wows HOW nus LDSS accumzn AND way YOU BELIEVE THE cm is RESPONSIBLE. [.Addilmnaflpace mi mm. Jidaurauam pagesundsuppuniv: .15 named] See Attached Complaint for Damages mum ADHRESSKS AND mom; 0F ALL masons INVOLVED nkwi'rNEss 1'0 THIS INCIDENT ci'rv 1] See Attached 2; 3} CITYEMPI om Li'rv vzHicLE NUMBER, Ph- Ph Ph WAS YOUR PROPERTY I VES IF 50, THEN FULLY DESCRIBE - SUCH AS AGE, MAKE, MODEL, CONDITION, VALUE. OR EXTENT 0E DAMAGE in NO lanaiuunaispamn muse 51d: nramch acidmoiui paglsand See Attached WERE YOU IVES IF NU spate on men. sldgurauaxh iddluunal dozumenlx as macs] Dissmiuu VUUR miuminmm mun .8795 Ahmed man miss was i: iv mm>> mm 0F Officer 0! Seattle AMOUNT CLAIMED known, $10,000,000 IGNATURF. 0 LAIMANT I dctlar: under penalty nfpcijury under me laws mm State (AND TITLE IF A am [he luregamg is true and correct This mm. form must ii: by claimant, may." EXECUTED dus16 day arSeElsmber 19 I mm; in pursuzntm :1 mm pnwer by 7 i in [in [mi [imam iv an mm - . in practice In Siam on flit claiminrs 1" seau'e wasmng'on mun-:ypmved gnaldian nrguaydizn ad 1mm mi bahzlfonhe claimant 1' SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY TIMOTHY GIFFORD, an individual, NO. Plaintiff, v. COWLAINT FOR DAMAGES: FAILURE TO PREVENT TOXIC CITY OF SEATTLE, a municipal corporation, EXPOSURE AT HOMELESS ENCAIVIPMENT Defendant. CONEES NOW the Plaintiff, by and through his attorneys of record, and by way of claim ege, and upon information and belief upon all other matters, as follows: I. PARTIES 1. Plaintiff Timothy Gifford is a 38-year-old adult male and a commissioned police of?cer (in excellent standing) employed by the Seattle Police Department. 2. Defendant City of Seattle is a municipal entity responsible for the oversight, management, and operation of the Seattle Police Department. COMPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS - 1 of 12 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593?5100 Phone (25315934330 Fax II. FACTS Denver Street South: 3. On or about January 8, 2019, Of?cer Gifford was assigned to participate in the cleanup of a homeless encampment located in SODO, in proximity to 15t Avenue South and NP 75: k/ k5) I'u?latysvilla M: Everett r? Mom}! Bah er NF fBelIevue [Ti-Seattle lwea - Silo Loca?on ?g \1 Snoquam-?o NF /Tacama Mount Rainier NP NF Figure 1. Geosyntec collected so?sa plin In? In?! luau-mum Mali: (nuns-m ?Inn-wa- Inc: MI . 1?le mu a-r .cq- E??nrnu Ina-um: COIVIPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAMPMENT - 2 of 12 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593?0330 Fax Unbeknownst to Officer Gifford, the homeless encampment site was contaminated with an extremely dangerous man made toxin known as PCBs. 4. PCBs are a class of man-made chemicals that are commonly found in the environment due to their historical use. Although PCBs are generally considered to be odorless ATSDR 2000), some people and a detection dog used in the pilot study appear to be able to smell PCBs. Exposure to PCBs poses risks to human health and the environment; the US Environmental Protection Agency (EPA) banned the production of PCBs in the United States in 1977 (ATSDR 2000). Before that time, PCBs were commonly used in electrical equipment, such as transformers and capacitors. PCBs have also historically been used as plasticizers; in hydraulic ?uid, cutting oils, other lubricants, carbonless copy paper, Wire insulation, inks, and dyes; and as petroleum additives (Leidos 2016). In the Lower Duwamish Waterway (LDW), PCBs are one of the primary mmants of concern, and speci?c sources of PCBs that have been identi?ed in the LDW clude transformer oil, exterior building paint, and caulk. In addition, the inadvertent production of PCBs in certain pigments and dyes is an ongoing source of certain PCBs (Ecology 2016b). 6. PCBs have been commonly detected in samples collected from within the City?s drainage system, although rarely at concentrations greater than source tracing screening levels (1 ppm), and are one of the contaminants identi?ed as a risk driver for human and ecological health in the LDW. Storm drain solids tend to accumulate in low?energy areas of the drainage system maintenance holes, vaults, and areas affected by tidal backwater from the waterway) . CONIPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAMPNIENT - 3 of 12 CONNELLY LAW OFFICES, PLLC 2301 North SOmStreet Tacoma, WA 98403 {253} 593-5100 Phone - {253) 593-0330 Fax June 5, 2019 SPU Source Control Inspector Michael Jeffers was driving through the industrial area of south Seattle in the Lower Duwamish Waterway drainage area. He noticed a strong smell of PCBs in the air as he drove east on Denver Ave and stopped the car to investigate. He had previously worked in the private industry identifying and managing PCBs for disposal and recently participated in the PCB detection dog study conducted between SPU and the University of Washington Conservation Canines. These prior experiences had made Inspector Jeffers sensitive to identifying PCBs by odor at low levels. He changed his work plans for the day and gathered supplies to take samples of the roadway shoulder right-of- way (ROW) and adjacent stormwater inlet and catch basin for PCB analysis. Samples were submitted to the lab the same day. 8. On June 17, 2019 inspector Jeffers returned to the area to investigate the site her The smell was unmistakable and overpowering, making him suspect a serious onmental concern at this site. Inspector Jeffers noti?ed SDOT by email that he had taken mples of this area and was fairly certain the results would come back high so they should be prepared for a cleanup at this location. 9. On June 19, 2019 sample analytical results came back for the ROW and stormwater structures taken on June 5, 2019. The ROW sample had PCB level of 40,300 ppm, well above our level of concern of 1 ppm: Dem-lion Reporting Analylc CAS Number Dilution Limit Limit Resuh Units Notes Amciur 1242 53469-2?) 500'" [94000 41170001! In addition, the stormwater inlet had 6,970 PCBs and the catch basin solids were at 69ppm. SPU noti?ed the Washington State Department of Ecology, Environmental Protection Agency COMPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAMPIVIENT - 4 of 12 CONNELLY LAW OFFICES, PLLC 2301 North 30L11 Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593?0380 Fax 22 23 24 25 26 Regional PCB of?ce, and a con?rmation was sent to SDOT to inform them of the level of contamination and that immediate action was going to be needed and that we would team up to ?nd the source as well as isolate and clean the site. 10. On June 20, 2019, Inspector Jeffers and a SDOT Sr Environmental Analyst, Craig Dahl, met on site to discuss scope of the problem. SDOT placed plastic sheeting over the suspected hot spot to isolate it from stormwater impact and secured the area with caution tape and warning signs: 11. SDOT took more soil samples to con?rm extent along the roadway. SPU took additional samples in the street gutter to see if PCBs were spreading out from the hot spot in other directions. A contractor was called in to provide emergency cleanup estimates for surface cleanup as well as in the City drainage system. 12. According to internal documents that have not been released to the general public, it is believed that at least 59 employees of the City of Seattle were exposed to the PCBs at the homeless encampment: COWLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAMPMENT - 5 of 12 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 {253) 593-5100 Phone - {253) 593?0330 Fax weHow many people are affected? We have identified 59 City employees who may have been exposed to PCBs. We are recommending that employees contact a medical professional to determine next steps. According to those internal documents, the City of Seattle informed select emloyees, including Of?cer Gifford, that they had been exposed: Diaz, Adrian Tue 71212019 8:35 AM To;Phi ips. Wesley Devore. Bradley Gifford. Timothy Newburn. Tori Howard. April (Ice, Sarah Ng. Shari Vandyke, Kelly Ebinger. Sina Pfafl, Tawnia Zerr, Eric Gallegos, Marl: Toman, Christopher Importante: High Hello All. Recently, SPU identified an area of soil contamination at 1? Ave and 5 Denver St. Testing confirmed the presence of blphenyls {PCle. It is unknown how long the contamination has been present. - You are receiving this email because you Were identi?ed as a participant in the January 3th remediation. In an abundance of caution, i am writing to ask that, if you have reason to believe that you may have been in this area, you contact Lt. Sina Ebinger, who is working with King County Public Health and other City departments to determine the level of risk and next steps in the event of an exposure. As you know, we routinely work in situations involving hazardous materials, and as we do in other situations, will work with our Safety Officer, Human Resources, and Public Health to identify preventative measures to limit these types of events. Sincerely, Adrian Z. Diaz Assistant Chief Collaborative Policing Bureau Seattle Police Department 510 Ave. Seattle, WA 98124-4986 Desk: 206-684-0197 Cel: 205-99 2-0662 adriandiaz?seattlegov 13. Of?cer Gifford had already been feeling inexpeciably ill, and sought medical treatment to determine the cause. According to Officer Gifford?s medical providers, he was COMPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAMPMENT - 6 of i2 CONNELLY LAW OFFICES, PLLC 2301 North 30111 Street Tacoma, WA 98403 (253} 593-5100 Phone - (253} 593-0330 Fax diagnosed with the otherwise inexpliable onsent of Diabetes Type II. As of the time of diagnosis, Of?cer Gifford was in good health, at 6?2? and weighing only 159lbs 14. Medical research has con?rmed the connection between PCB exposure and the onset of diabetes: Biphenyl (PCB) Exposure and Diabetes: Results from the Anniston Community Health Survey Allen E. Silverstone?1 Paula F. Rosenbaum,1 Ruth 8. Weinstock?-2 Scott M. Bartell,3 Herman R. Foushee?Christie Shelton,5 Marian Pavuk,?i and for the Anniston Environmental Health Research Consortium $389!! Background: biphenyls (PCBs) manufactured in Anniston, Alabama, ?om 1929 to 1971 caused signi?cant environmental contamination. The Anniston population remains one of the most highly exposed in the world. Objectives: Reports of increased diabetes in PCB-exposed populations led us to examine possible associations in Anniston residents. Survey also underwent measurements of height, weight, fasting glucose, lipid, and PCB congener levels and veri?cation of medications. Odds ratios (ORs) and 95 con?dence intervals (CIs) were calculated to assess the relationships between PCBs and diabetes, adjusting for diabetes risk factors. Participants with prediabetes were excluded from the logistic regression analyses. gethods: Volunteers (7: 774) from a cross?sectional study of randomly lected households and adults who completed the Anniston Community Health Results: Participants were 47% A?'ican American, 70% female, with a mean age of 54.8 years. The prevalence of diabetes was 27% in the study population, corresponding to an estimated prevalence of 16% for Anniston overall; the PCB body burden of 35 major congeners ranged from 0.11 to 170.42 ppb, wet weight. The adjusted OR comparing the prevalence of diabetes in the ?fth versus ?rst quintile of serum PCB was 2.78 (95% CI: 1.00, 7.73), with similar associations estimated for second through fourth quintiles. In participants 55 years of age, the adjusted OR for diabetes for the highest versus lowest quintile was 4.78 (95 CI: 1.11, 20.6), whereas in those 2 55 years of age, we observed no signi?cant associations with PCBs. Elevated diabetes prevalence was observed with a 1 SD increase in log PCB levels in women (OR 1.52; 95% CI: 1.01, 2.28); a decreased prevalence was observed in men (OR 0.68; 95% CI: 0.33, 1.41). COMPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCANIPIVIENT - 7 of 12 CONNELLY LAW OFFICES, PLLC 2301 North 303? Street Tacoma, WA 93403 (253) 593?5100 Phone - (253) 593-0380 Fax Conclusions: We observed signi?cant associations between elevated PCB levels and diabetes mostly due to associations in women and in individuals 55 years of age.1 The available medical information con?rms that Of?cer Gifford suffers from conditions relates to exposures to the PCBs from the homeless encampement: ASSESSMENT: (T75.89XA) Environmental exposure (primary encounter diagnosis) Causation: The condition is work-related on a more-probable?thanmot basis. 15. Of?cer Gifford is in need of supportive care as a result of the PCB exposure. On July 18, 2019, Of?cer Gifford ?led a workers compensation related complaint with the City of Seattle. Thur far, Of?cer Gifford?s claim has been denied and delayed in a sea of ed individuals, and failing to protect the health of the front line officers serving this EQatic red tape. In this way, the City of Seattle is failing Of?cer Gifford, and likely other community during the time of the ongoing homesless crisis. PUBLICIPRIVATE NUISAN FAILURE OF CARE FOR OFFICER HEALTH PROBLEMS DERIVED WHEN ACTING AS A PROTECTORATE OF THE COMMUNITY 16. Overall, the City of Seattle caused the injuries to Of?cer Gifford by allowing the homeless encampment to exist in the ?rst place thereby creating a dangerous nuisance to the community. Further, the City of Seattle put Of?cer Gifford in harms way but assigning him to participate in the cleaup of a homeless encampment without providing proper safety 1 COMPLAINT: FAILURE TO PREVENT TOXIC EJCPOSURE AT HONIELESS ENCAMPMENT - 8 0f 12 CONNELLY LAW OFFICES, PLLC 2301 North 3i]lb Street Tacoma, WA 98403 (253) 593-5100 Phone - (253) 593?0330 Fax ?17. 18. protocols during that process. According to an internal reponz, those protocols include, but are not limited to, the following: I Seattle Q's Public Utilities Date: 8/22/2019 To: Ellen Stewart From: Tim Carter Re: 1" Ave 31 Denver Ave site PCB exposure analysis Steps can be taken to reduce exposure when working or responding to locations contaminated with hazardous materials: Use universal precautions. Use gloves when handling tools or materials in areas with suspected contaminants. Avoid creating dust. If soil or other dry material needs to be moved or disturbed. consider dampening the materiai when possible. Do not dry sweep. Damp sweep or use a shovel instead of a broom. Road dust can contain other environmentai contaminants beside PCB, like PAHs, silica and lead. Wash hands and face (and other areas of exposed skin) after exiting the site or before eating. Soap and water effectively remove many contaminants (including PCB). Clean boots when exitlng known contaminated sites or as soon as possibie afterward. Decon contaminated tools and PPE with soap and water. Any other procedures as stipulated in health and safety plans. Prior to the cleanup, appropriate site evaluation and testing never occurred. It is suspected that a homesless resident may have caused the PCB exposure when tampering with proximal electrical equipment. Of?cer Gifford was neither warned or trained of the associated hazards or issued appropriate protective gear. Of?cer Gifford recalls keeping contaminated boots in his patrol vehicle for months after the site cleanup. What?s worse is that the City of Seattle is well aware of an ongoing PCB contamination issue in the Duawamish River region. The City of Seattle is actively suing the COMPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAMPMENT - 9 0f 12 CONNELLY LAW OFFICES, PLLC 23131 North 30?11 Street Tacoma, WA 98403 (253) 593-5100 Phone - (253} Fax hk?f18 sole producer of PCB s, the Monsanto Company, in federal court under Cause Number 16-CV- 00107. The contamination is widespread throughout the region: PCBs are the most widespread contaminant in Lower Duwamish sediment, found in 94% of the surface sediment locations sampled for PCBs and 48% of the subsurface sediment samples.? 88. The Washington State Department of Health advises ?no consumption of resident ?sh and shell?sh from the due to elevated PCB levels. (In f?l'e I. I I I ('89. The City has participated in cleanups of PCB-contaminated sediment from the Lower Duwamish Vilaterway.48 90. PCB was also detected in almost all samples of ?sh, shell?sh, and benthic invertebrate tissues. 49 EPA identi?ed PCBs as presenting a human health risk for individuals engaged in net?shing, slamming, and beach play}? The allegations in the federal lawsut, which was ?led on January 1, 2016, expressly 14 dge the grave dangers posed by the PCBs which have contaminated: 15 50. PCBs may also disrupt the normal function of the endocrine system. PCBs have been shown to affect thyroid hormone levels in both animals and humans. in animals, decreased thyroid hormone levels have resulted in developmental de?cits, including de?cits in hearing. PCB exposures have also been associated with changes in thyroid hormone levels in infants in studies conducted in the Netherlands and Japan. 51. PCBs have been associated with other health effects including elevated blood pressure, serum triglyceride, and serum cholesterol in humans; dermal and ocular effects in monkeys and humans; and liver toxicity in rodents. COWLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAMPMENT - 10 of 12 CONNELLY LAW OFFICES, PLLC 2301 North 30th Street Tacoma, WA 98403 (253] 593-5100 Phone {253} 593-0380 Fax PCBs are known to be toxic to a number of aquatic species and wildlife including ?sh, marine mammals, reptiles, amphibians, and birds. Exposure is associated with death, compromised immune system function, adverse effects on reproduction, development, and endocrine function. PCB exposure affects liver function, the digestive system, and nervous systems and can promote cancer in a number of animai species. The presence of PCBs can cause changes in community and ecosystem structure and function.9 19. In these ways, the City of Seattle was negligent by dispatching Of?cer Gifford to participate in the cleanup of the homessles encampment at issue. The City of Seattle was further negligent in failing to streamline Offcer Gifford?s access to medical support and care during this time of crisis. Absent providing the proper care and support to our frontline of?cers, such as Of?cer Gifford and the other 59 exposed employees, the City of Seattle will continue to fail in the duty to protect our community at large. IV. PRAYER FOR RELIEF HEREFORE, Plaintiff requests a judgment against Defendant: Awarding Plaintiff general damages and special damages in an amount to be proven at trial; Awarding him reasonable attorney?s fees and costs as available under law; (0) Awarding him any and all applicable interest on thejudgment; and Awardng him such other and further relief as the Court deems just and proper under the circumstances of this case. COMPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT ENCAMPBJENT - II of 12 CONNELLY LAW OFFICES, PLLC 2301 North 30[11 Street Tacoma, WA 98403 (253} 593-5100 Phone [253) 593-0380 Fax Respectfully submitted this 16th day of September, 2019. CONNELLY LAW OFFICES, PLLC LIA/wow! Bewagardx By Lincoln C. Beauregard, WSBA No. 32878 Attorneys for Plaintiff COMPLAINT: FAILURE TO PREVENT TOXIC EXPOSURE AT HOMELESS ENCAWMENT - 12 of 12 CONNELLY LAW OFFICES, PLLC 2301 North 30?1 Street Tacoma, WA 98403 (253) 593?5100 Phone - {253) 593-0330 Fax