LAKELAND, Fla. (WFLA) – Lawyers for the Drummond Company want a federal judge to dismiss a lawsuit that claims people living in Oakbridge and Grasslands developments are exposed to elevated levels of radiation.
The lawsuit claims the two communities are plagued with high levels of radiation, potentially affecting thousands in Lakeland.
Lawyers for the developer contend that the lawsuit is frivolous.
Thousands of people live Oakbridge and the premier golf community Grasslands, developed from an old phosphate mine.
He is suing developer Drummond, claiming the company knew about of high radiation levels here and failed to disclose those to buyers.
“They built these houses in kind of a cancer incubator here,” said Jerue.RELATED: Lakeland residents upset over contamination lawsuit speak out
In its motion to dismiss the lawsuit, Drummond claims mining activities were fully disclosed to the public long before Jerue bought in Oakbridge.
It also says the known risk of radon and available safeguards have been public knowledge for nearly four decades.
Radon is an issue here and throughout much of the country.
Jerue’s attorney Chris Nidel points out that nowhere in its motion for dismissal does Drummond mention a gamma radiation problem.
“A lot of people don’t understand the difference between radon and gamma radiation,” Nidel explained.
Several people in Oakbridge and Grasslands are using radon kits to test for the gas.
“Unfortunately for them, the radon test kit does not test for gamma radiation,” added Nidel.
Gamma radiation penetrates the skin, like an x-ray.
Lead blankets are used to protect the rest of the body.
“Ionizing radiation is generally thought to be associated with all types of cancer,” stated Nidel.
Decades old documents express concerns about building on the reclaimed mine land.
One EPA letter states “Most urgent is a subdivision of about 500 homes built over an older phosphate mine..that left behind higher amounts of radioactive waste.”
That subdivision is Oakbridge.
“There is no real way for these people to use their property in a way, that again, is without exposing themselves to those elevated levels of radiation,” Nidel said. “There’s no lead blanket that correct this for these people.”
Drummond’s lawyers contend the statute of limitations has expired on any claim. They also contend that radon and other radiation resulted from natural geography and was a prior condition long before Jeff Jerue bought his place in Oakbridge.
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