In re Three Mile Island Litigation
United States Court of Appeals for the Third Circuit
193 F.3d 613 (1999)
- Written by Sean Carroll, JD
Facts
Residents (plaintiffs) who lived near the Three Mile Island nuclear power plant brought suit alleging that an accident at the plant had released radioactive materials into their neighborhood. The residents called meteorologist Ignaz Vergeiner as an expert witness to testify about his theory that a radioactive plume had settled over the neighborhood. Specifically, Vergeiner testified that the atmospheric conditions and terrain around Three Mile Island prevented the radioactive plume from dispersing into the atmosphere as it normally might and left it hanging over the neighborhood. In formulating this theory, Vergeiner rejected generally accepted computer models and used a numerical model instead to support his theory. Specifically, Vergeiner produced a “water model” to support his testimony. Vergeiner injected colored water into a large tank of clear water that was supposed to mimic the terrain around the neighborhood. The colored water was meant to represent the radioactive plume. Vergeiner also produced a “plume movie” meant to be a visualization of “how distorted a plume can become.” Vergeiner acknowledged that the hypothesis was in its early stages and that it was merely an illustration of what could be possible. The district court excluded Vergeiner’s testimony as insufficiently reliable. The residents appealed.
Rule of Law
Issue
Holding and Reasoning (McKee, J.)
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