Negligence Claim Stays In San Diego's Pollution Suit

Law360, New York (June 24, 2011, 7:01 PM EDT) -- A California federal judge on Friday rejected Kinder Morgan Energy Partners LP's bid to toss a negligence claim in San Diego’s lawsuit alleging the company failed to clean up a fuel plume that contaminated soil and groundwater beneath Qualcomm Stadium.

U.S. District Judge Michael Anello ruled the city’s negligence claim would survive Kinder Morgan’s motion for partial summary judgment, saying factual issues remained and that dropping the claim would have been premature.

San Diego filed suit in August 2007, accusing Kinder Morgan of deliberately and recklessly...
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