Smart Meter Lawsuits (from 2013)

Attorneys David Kyle and Paul Overett have filed a mass tort against Edison and PG&E for health effects from smart meters/smart grid. Also names in the suit are smart meter installation companies Corix and Wellington, and smart meter manufacturers, Itron and Landis Gyr, with possibly more defendants to be added as the lawsuit progresses.

Mr. Kyle recently reached a settlement with PG&E in a wrongful death, smart meter fire suit and BEAT EDISON IN COURT to achieve the first free opt out in southern California (story on this below).

A total of 16 plaintiffs, 10 Edison and 6 PG&E allege have suffering health effects from the new wireless meters ranging from headaches, loss of sleep and tinnitus to heart attack, cancer and medical implant interference/defibrillator shut offs.

The utilities are being charged with negligence, fraud and deceit, product liability and intentional infliction of emotional distress.

The suit alleges the defendants withheld important safety information associated with the use of smart meters as well as multiple violations of CA law including CA civil code section 1710 which defines deceit as an untrue assertion or suppression of a fact so as to mislead.

Liz Barris, organizer for the lawsuit invites other customers from other CA utilities including municipally run utilities whose health has been effected by smart meters or smart grid to join the lawsuit.  Ms. Barris can be reached via phone at 310-281-9639 or email at contact@thepeoplesinitiative.org.

Click here to download copies for the filed complaints.

Watch the below informative video on the lawsuit and some of the symptoms of health effects from the pulsed microwave radiation which smart meters and smart grid emit. Read below for Liz’s story on why she sued.

 

After having received hundreds of complaints of very serious heath effects from smart meters and smart grid, the CPUC (California Public Utilities Commission) deemed smart meters and smart grid to be perfectly harmless, made a concerted effort to ignore the health complaints from utility customers all suffering from smart meter/smart grid radiation exposure and allowed the utilities to proceed with wanton disregard for public health and safety. One of those complaining customers, Liz Barris, had to sleep in her car for 7 months due to the wireless meter making her apartment totally uninhabitable. Edison offered to remove the meter, but for a price…$4,000 a year extra, simply to have a safe analog meter on the house. In the Mafia this is known as extortion. Ms. Barris organized a mass torte lawsuit against the utility companies Edison and PG&E for health effects from smart meters/smart grid. Included in the suit are 15 other plaintiffs, most of whom have suffered even worse health effects from their smart meters than Ms. Barris. Please watch the below video to see if you might be experiencing any health effects which may be unbeknownst to you, directly attributable to your smart meter, your neighbors smart meter or the smart grid in your neighborhood.

ATTORNEY DAVID KYLE

Attorney David Kyle wanted the smart meter off his home because it was making his wife ill, forcing her to sleep in their car, away from the home and most importantly, away from the harmful smart meter.  Mr. Kyle BEAT SoCal Edison in Small Claims court and became the first Edison customer to achieve a FREE opt out of deadly smart meters – (Legal Documents).
The judge ordered Edison to pay damages or remove the meter and left it to Mr. Kyle to decide. He decided to get the smart meter the hell off his house. (Settlement Documents)

Privacy, Constitutional Violations, Security Risks–Kauai, Hawaii
Adam Asquith filed for a Federal Injunction against the instillation of smart meters (Court Filing Documents) News Story.
SUCCESS! The Utilities Company offered a settlement (Settlement Document) and agreed NOT to install a smart meter on the plaintiff’s property. (News report)

DISCRIMINATION Kauai, Hawaii
Mark Naea, a neighbor of Adam Asquith (who won his case against smart meters) filed a formal complaint (Legal Document) that he should not have to pay the court fees and file a separate case to get the opt-out option that was court awarded to his neighbor.
SUCCESS!!! The Public Utilities Commission ordered (Legal Document) Kauai Island Utility Cooperative (KIUC) to address  his complaint.

HEALTH, SAFETY, PRIVACY, PROPERTY RIGHTS, CONSTITUTIONAL VIOLATION, DISCRIMINATION — Maine
A legal complaint objecting to multiple aspects of smart meters. Overview
SUCCESS!! The court ruled that the Utilities company DID NOT adequately address health and safety concerns and now must do so. Bangor Daily News   Maine Public Broadcasting

HEALTH, CONSTITUTIONAL PRIVACY, SAFETY Portland
Complaint that the PUC (Public Utilities Commission) did not address safety, Constitutional Privacy and health concerns. (New Story on Outcome)
SUCCESS! The Supreme Judicial Court findings are that they did not properly address these problems (health and safety) and MUST do so. The Court not agree the Privacy concerns were not addressed.

CASES IN MOTION:

WRONGFUL DEATH DUE TO FIRE CAUSED BY SMART METER Vacaville, CA
On July 9, 2010, Larry Nikkel died in a fire believed to be caused by smart meter.

WIRELESS COMPONENT OVER SMART METERS
Smart Meters have been “mandated” in British Columbia, however Plaintiff contests that the wireless component is part of the mandate.(Press Release) (News story) (Formal Letter of Complaint – legal Document) (Letter of Complaint- scroll down)
Status: Appeal to be heard in October

HEALTH — Central California
Lawsuit filed against the CPUC (Central Public Utilities Commission) for ignoring evidence of harmful health effects of Smart Meters. (Latest update) Link on story
Status: Newly filed.

SPYING!
A top PG&E executive was caught spying and attempting to infiltrate a nonprofit to gather information about a forthcoming lawsuit. (Coverage of case) Curious and curiouser. (Legal Order to investigate)

HEALTH, SAFETY, MISREPRESENTATION OF RADIATION LEVELS, VIOLATION OF AMERICANS WITH DISABILITIES ACT — Northern California
Filed by an Electromagnetic consulting firm, Wilner and Associates, this Class Action Lawsuit list multiple ten grievances and is seeking $10,000 per customer who has experienced negative health effects. (Story) (Case Filing)

HEALTH, PRIVACY, HOMEOWNER’S RIGHTS, VIOLATION OF ILLINOIS “OPEN MEETINGS ACT” Napperville, Illinois
Residents have filed a federal lawsuit (News article) seeking an injunction to instillation (Court Documents)
Up to date info on the case
Status: Discovery phase of the case

Cases “Loss” (aka opportunity to learn so we win the next round)

MISUSE OF FEDERAL MONIES DUE TO FIRE RISK Alabama According to the lawsuit, the Don Baker, plaintiff, is an engineer and was an AMI smart grid project manager. He alleges the smart meters were not properly tested, and were seriously flawed. He found that the Sensus iConA had a “tendency to drastically overheat, and melt or burn”. He was asked to keep quiet and was eventually terminated for failing to do so. Status: The fire issue was not the focus of the case, it was misuse of Federal Funds.The District Attorney chose not to pursue the case, not based on the fire hazard claims, but claiming Federal Money was not misused. (case documents) OVERCHARGING Texas A class action lawsuit (Case documents) filed against Texan Utilities company Oncor. (News Story, Video)
Status: Case Dismissed (One analysis of why it failed)

(7/14) OVERCHARGING Bakersfield California
Initially an individual case alleging overcharging of smart meters (Initial Filing), this turned into a class action lawsuit (News report).
Status: Initially SUCCESS! Then overturned.emfsafetynetwork.org

The Peoples Initiative Foundation is a 501c3 non profit and has limitations on what it can and cannot do.  The above lawsuit against Edison and PG&E is merely reporting on the suit and not a lawsuit brought through The Peoples Initiative Foundation. Many thanks to Seth Burton for his help in compilation of the above information.

Please read our filing against CPUC for violation of ADA in charging smart meter “opt out fees’ plus possible RICO charges and Collusion with utilities against the public which may invalidate entire CPUC process in hearings…Peoples Initiative Foundation CPUC Comments Opt Out Fees