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`EXHIBIT 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`
`
`
`Elnora Carthan; Rhonda Kelso,
`individually and as next of friend of
`K.E.K, a minor child; Darrell and
`Barbara Davis; Michael Snyder, as
`personal representative of the Estate
`of John Snyder, deceased; David
`Munoz; Tiantha Williams,
`individually and as next of friend of
`T.W., a minor child; Darnella
`Gaines, as next of friend of K.C., a
`minor child; Frances Gilcreast; 635
`South Saginaw LLC; Angelo’s
`Coney Island Palace, Inc., on behalf
`of themselves and all others similarly
`situated,
`
`Plaintiffs,
`
`
`-v-
`
`
`Governor Rick Snyder, in his
`individual and official capacities; the
`State of Michigan; the City of Flint;
`Daniel Wyant, in his individual
`capacity; Andy Dillon, in his
`individual capacity; Nick Lyon, in
`his individual capacity; Nancy
`Peeler, in her individual capacity;
`Liane Shekter-Smith, in her
`individual capacity; Adam Rosenthal,
`in his individual capacity; Stephen
`Busch, in his individual capacity;
`Patrick Cook, in his individual
`capacity; Michael Prysby, in his
`individual capacity; Bradley Wurfel,
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`
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`Case No.: 5:16-cv-10444-JEL-MKM
`
`Hon. Judith E. Levy
`Magistrate Judge Mona K. Majzoub
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`in his individual capacity; Jeff
`Wright, in his individual capacity;
`Edward Kurtz, in his individual
`capacity; Darnell Earley, in his
`individual capacity; Gerald Ambrose,
`in his individual capacity; Dayne
`Walling, in his individual and official
`capacities; Howard Croft, in his
`individual capacity; Michael
`Glasgow, in his individual capacity;
`Daugherty Johnson, in his individual
`capacity; Lockwood, Andrews &
`Newnam, P.C.; Lockwood, Andrews
`& Newnam, Inc.; Leo A. Daly
`Company; Veolia North America,
`LLC; Veolia North America, Inc.;
`Veolia Water North America
`Operating Services, LLC,
`
`
`
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`Defendants.
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`
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`
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`FIFTH CONSOLIDATED AMENDED CLASS COMPLAINT FOR
`INJUNCTIVE AND DECLARATORY RELIEF, MONEY DAMAGES,
`AND JURY DEMAND
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`
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`

`

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`TABLE OF CONTENTS
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`INTRODUCTORY STATEMENT .......................................................................... 1
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`JURISDICTION AND VENUE ............................................................................... 5
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`PARTIES .................................................................................................................. 7
`
`A.
`
`Plaintiffs ............................................................................................... 7
`
`B.
`
`Engineering Defendants .....................................................................17
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`C. Government Defendants ....................................................................25
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`STATEMENT OF FACTS .....................................................................................33
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`A. Dangers From the Flint River Water Have Been Well-Known for
`Decades ..............................................................................................33
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`B. Despite These Well-Known Dangers, Defendants Decided to Use
`Flint River Water as the Primary Water Source for the City of
`Flint ....................................................................................................37
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`C.
`
`The LAN Defendants Failed to Meet Their Duties of Care and
`Competence as Design Engineers for the Flint Water Treatment
`Plant ...................................................................................................51
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`D. Numerous Signs of the Public Health Crisis Caused By the
`Contaminated Water Were Evident Within Weeks of the Switch .....57
`
`E.
`
`F.
`
`G.
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`The LAN and Veolia Defendants Were Asked to Evaluate the
`Problems, But Failed to Do So Properly ............................................62
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`The LAN and Veolia Defendants Fail to Conduct a Root Cause
`Analysis ..............................................................................................68
`
`The LAN and Veolia Defendants’ Conclusions Made the Crisis
`Worse .................................................................................................73
`
`H. Despite the Numerous Signs of the Growing Crisis, the Government
`Defendants Failed to Act, and Concealed Known Dangers From the
`Plaintiffs .............................................................................................80
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`I.
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`J.
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`Defendants’ Misconduct Has Caused the Plaintiffs to Suffer
`Devastating Health Effects and Other Personal Injuries..................104
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`Defendants’ Misconduct Has Also Caused the Plaintiffs to Suffer
`Extensive Property Damage and Monetary Losses. ........................108
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`K. Defendants’ Miscount Has Resulted in Criminal Charges and Other
`Government Investigations ..............................................................116
`
`L.
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`Efforts to Remediate the Harms Alleged Herein Are Inadequate. ..119
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`M. Governor Snyder and MDEQ Treated Flint’s Predominantly African
`American Citizens Differently than Other Communities in Flint. ..120
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`CLASS ALLEGATIONS .....................................................................................162
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`PRAYER FOR RELIEF .......................................................................................214
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`DEMAND FOR TRIAL BY JURY .....................................................................215
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`ii
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`INTRODUCTORY STATEMENT
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`1.
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`This class action is pursued on behalf of about 100,000 residents and
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`other Flint water users—adults, children, workers, students, business owners,
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`homeowners, multi-unit property owners, and all other victims of Defendants’
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`unconstitutional and unlawful conduct—who from April 25, 2014 to the present (the
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`“Class Period”), have experienced and will continue to experience serious personal
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`injury and property damage caused by Defendants’ deliberate, reckless, and
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`negligent misconduct. Defendants caused a public health crisis by exposing
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`Plaintiffs to contaminated water. Defendants also exacerbated the crisis by
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`concealing and misrepresenting its scope, failing to take effective remedial action to
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`eliminate it, and then lying about it to cover up their misconduct.
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`2.
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`Two groups of Defendants are responsible for the severe harm suffered
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`by the Plaintiffs. A group of engineering companies, including Lockwood, Andrews
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`& Newnam, P.C. (“LAN PC”), Lockwood, Andrews & Newnam, Inc. (“LAN Inc.”),
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`Leo A. Daly Company (“LAD”), Veolia North America, LLC (“Veolia LLC”),
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`Veolia North America, Inc. (“Veolia Inc.”), and Veolia Water North America
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`Operating Services, LLC (“Veolia Water”) are referred to collectively herein as the
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`“Engineering Defendants.” A group of government officials and bodies, including
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`Governor Rick Snyder, the State of Michigan, Daniel Wyant, Nick Lyon, Nancy
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`Peeler, Andy Dillon, Liane Shekter-Smith, Adam Rosenthal, Stephen Busch,
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`1
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`Patrick Cook, Michael Prysby, Bradley Wurfel, Jeff Wright, Edward Kurtz, Darnell
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`Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow,
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`Daugherty Johnson, and the City of Flint are collectively herein referred to as the
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`“Government Defendants.”
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`SUMMARY OF THE ENGINEERING DEFENDANTS’ MISCONDUCT
`
`i.
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`Professional and Common Law Negligence in Engineering
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`Services Related to Distribution of Water From Flint River: Plaintiffs have sustained
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`serious injuries as a result of the Engineering Defendants’ professional negligence
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`in their duties relating to the distribution of water from the Flint River using the Flint
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`Water Treatment Plant (“FWTP”), and in failing to report the dangers associated
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`with not installing proper anti-corrosive treatment when using the Flint River as a
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`primary source of water.
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`ii.
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`Professional and Common Law Negligence and Fraud in
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`Declaring Flint Water Safe and Potable: Plaintiffs have sustained serious injuries
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`as a result of the Engineering Defendants’ professional negligence in failing to
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`properly evaluate Flint’s water system and in publicly declaring its water safe and
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`potable. The Engineering Defendants failed to conduct a root cause analysis, which
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`would have revealed that the pipes were corroding and causing lead, legionella, and
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`other contaminates to enter residents’ homes. The Engineering Defendants also
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`failed to mention that the addition of a corrosion inhibitor was necessary to
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`prevent these serious and well-known health issues, and mandated the usage of
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`highly acidic ferric chloride, rather than advising that the pH of the water should be
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`increased. The Engineering Defendants also were professionally negligent and
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`committed fraud in their effort to cover up their mistakes by knowingly or recklessly
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`misinforming the public about the existence and extent of the public health crisis.
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`SUMMARY OF THE CONSTITUTIONAL AND CIVIL RIGHTS
`VIOLATIONS AND INJURIES CAUSED BY THE GOVERNMENTAL
`DEFENDANTS
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`iii. Due process based on state created danger doctrine: Plaintiffs
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`have sustained violations of their substantive due process rights, including their
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`fundamental right to not have the state create, inflict, and/or exacerbate dangers
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`through the culpable actions of public officials;
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`iv. Due process based on bodily integrity doctrine: Plaintiffs have
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`sustained violations of their substantive due process rights, including their
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`fundamental right to not have their bodily integrity violated;
`
`v.
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`Equal protection, race: African American Plaintiffs have
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`sustained serious injuries as a result of some of the Government Defendants’
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`decision to ignore the environmental laws they were charged with enforcing and
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`deviate from established procedures with respect to the people of Flint—a
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`community that is predominantly African American—while enforcing those laws in
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`areas of the State with predominantly white populations, and their decision to deliver
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`a superior water product to the water users in the remainder of Genesee County
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`because that community was predominately white, while at the same time
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`delivering a grossly inferior water product to water users in Flint because that
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`community was predominately African American;
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`vi.
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`Equal protection, wealth: Plaintiffs have sustained serious
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`injuries as a result of some of the Government Defendants’ decision to ignore the
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`environmental laws they were charged with enforcing and deviate from established
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`procedures with respect to the people of Flint—a community whose citizens are
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`poorer as compared to the rest of the State—while enforcing those laws in more
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`affluent areas of the State, and their decision to protect the health of the water users
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`in the remainder of Genesee County because that community was predominately
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`more affluent and at the same time disregard the health of water users in Flint
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`because that community was predominately poor;
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`vii. Monell Claim: Plaintiffs have sustained violations of their
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`fundamental substantive due process rights, including their right to bodily integrity,
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`their right to be protected from state created danger, and their right to equal
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`protection of the laws, all pursuant to the customs, policies, and/or practices of
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`Defendant City of Flint;
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`viii. Violation of 42 U.S.C. § 1985(3): African American Plaintiffs
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`have sustained serious injuries as a result of the conspiracy of two or more of the
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`Government Defendants to directly or indirectly conspire to violate Plaintiffs’
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`constitutional rights, said conspiracy being based on invidious racial animus; and
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`ix.
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`Violation of Elliot Larsen Civil Rights Act (“ELCRA”): African
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`American Plaintiffs have sustained serious injuries as a result of their denial of the
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`full and equal enjoyment of services provided by some of the Defendants because
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`they were residents of a predominately African American community;
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`3.
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`Plaintiffs sustained personal injury, property damage, economic
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`damage, and emotional injury as a result of Defendants’ conduct, as described
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`herein, and set forth in more detail below.
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`JURISDICTION AND VENUE
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`4.
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`This is a civil action brought pursuant to 42 U.S.C. § 1983 seeking
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`injunctive and declaratory relief together with monetary damages against the
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`Government Defendants for violations of
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`the Thirteenth and Fourteenth
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`Amendments of the United States Constitution, and Title VI of the Civil Rights Act
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`of 1964, 42 U.S.C. §§ 2000d, et seq.
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`5.
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`The Court has jurisdiction pursuant to 28 U.S.C. § 1331, which
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`authorizes federal courts to decide cases concerning federal questions; 28 U.S.C.
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`§ 1343(a)(3) and (4), which authorizes federal courts to hear civil rights cases; and
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`28 U.S.C. § 2201, the Declaratory Judgment Act and supplemental jurisdiction
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`pursuant to 28 U.S.C. § 1367.
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`6.
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`The Court also has diversity jurisdiction under 28 U.S.C. § 1332(d).
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`The matter in controversy in this suit exceeds $5,000,000, exclusive of interest and
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`costs. This is a class action in which at least one plaintiff is a citizen of the State of
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`Michigan, and at least one defendant is a citizen of a different state—in particular,
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`Defendant LAN, Inc. is a citizen of the State of Texas and Defendant Veolia is a
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`citizen of the States of Delaware and Illinois.
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`7.
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`The Court has personal jurisdiction over the Engineering Defendants
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`because each of them have personally availed themselves of the benefits and
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`protections of the State of Michigan. Each of the Engineering Defendants conducted
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`business and committed torts in Michigan, by themselves and their agents and/or
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`alter egos, which caused Plaintiffs to suffer severe personal and property injuries in
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`Michigan. As such, the Court has personal jurisdiction over the Engineering
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`Defendants pursuant to MCL 600.705 and MCL 600.715.
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`8.
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`The Court has personal jurisdiction over the Government Defendants
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`named herein as public officials of the State of Michigan, including the Emergency
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`Managers, sued in their individual capacities; and public officials and employees of
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`the City of Flint, sued in their official and individual capacities; the Genesee County
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`Drain Commissioner, sued in his official and individual capacity; and the City of
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`Flint for its customs, policies, or practices which affirmatively caused and/or
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`contributed to the violations of Plaintiffs’ Constitutional rights.
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`6
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`9.
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`Similarly, this Court has personal jurisdiction over the Governor of the
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`State of Michigan, in his individual and official capacity, and the State of Michigan
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`for prospective relief.
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`10. Venue is proper in this Court because the original injury and damage
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`occurred in the Eastern District of Michigan, Defendants reside or conduct business
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`in the Eastern District of Michigan, Plaintiffs reside in the Eastern District of
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`Michigan and/or own property located in the Eastern District of Michigan that was
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`damaged, and many of the occurrences described herein occurred in the Eastern
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`District of Michigan.
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`A.
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`Plaintiffs
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`
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`PARTIES
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`11. Plaintiff Elnora Carthan is a 72 year old African American widow
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`who lives alone at a home she owns in Flint, Michigan where she has lived since
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`1976. Throughout the Class Period, Ms. Carthan received water serviced from the
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`City of Flint at her home. In April 2014, Ms. Carthan began to boil her water but
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`also continued to cook with it and to wash and bathe with it. In August 2015, Virginia
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`Polytechnic Institute and State University (“Virginia Tech”) tested her water for lead
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`and other metals; that test revealed that the lead levels in her water vastly exceeded
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`the maximum levels allowed under standards set forth by the federal Environmental
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`Protection Agency (“EPA”), and were, in fact, extremely dangerous.
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`12. As a direct and proximate result of Defendants’ conduct, as set forth
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`herein, Ms. Carthan has suffered property damage as well as a diminution in the
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`value of her property. Additionally, as a direct and proximate cause of Defendants’
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`conduct, she experienced and continues to experience serious physical and
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`emotional injury due to her exposure to toxic water, including but not limited to:
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`skin lesions and dermatologic pathology; neurological disorders, including but not
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`limited to constant exhaustion and memory loss; chronic and acute respiratory
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`disorders including, but not limited to, chronic rhinitis; other significant medical
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`injuries; and psychological disorders such as depression, chronic anxiety,
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`posttraumatic stress disorder, and an inability to cope with normal stress. Finally, as
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`a direct and proximate result of Defendants’ actions, as set forth herein, Ms. Cathan
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`has further experienced property damages, as well as a diminution in the value of
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`her property.
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`13. Plaintiff Rhonda Kelso, individually and on behalf of her minor child,
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`“K.E.K,” suffered the following injuries. Ms. Kelso is a 54 year old African
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`American woman who suffers from several disabilities including the results of a
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`stroke, spastic paraparesis, and bi-polar disorder. She owns her home located in
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`Flint, Michigan. She and her family have lived in that home since 1993. As a direct
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`and proximate result of Defendants’ conduct, Ms. Keslo has suffered property
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`damages including damages to her water pipes and a diminution in the value of her
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`property. Ms. Keslo has also suffered extreme disruption, inconvenience,
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`discomfort, and emotional distress. Ms. Kelso lives at the aforementioned home with
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`her minor daughter K.E.K. who is 14 years old. K.E.K. is a special needs student in
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`school and suffers from a number of disabilities including, but not limited to hearing
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`impairment, cardiac problems, and developmental delays involving speech and
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`language. Both Rhonda Kelso and K.E.K. drank the toxic water from April 2014
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`until the autumn of 2014. They bathed, washed, and cooked with the water until at
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`least November 2015.
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`14. Plaintiffs Darrell and Barbara Davis, both African American, live in
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`and own a home in Flint, Michigan. Plaintiffs Barbara and Darryl Davis have
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`suffered from skin problems including rashes and other medical issues, as a direct
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`and proximate cause of Defendants’ conduct as alleged herein. From 2014 through
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`the present, Plaintiff Barbara Davis has been employed by Flint Community
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`Schools, a school district headquartered in Flint, Michigan, and has worked in
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`schools with high lead levels. As a direct and proximate result of Defendants’
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`conduct, while working at Holmes STEM Academy, located at 6602 Oxley Drive,
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`Flint, Michigan and Eisenhower Elementary School, 1235 Pershing Street Flint,
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`Michigan, two Flint Community Schools, Plaintiff Barbara Davis developed skin
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`rashes from contact with contaminated water.
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`15. As a direct and proximate result of Defendants’ conduct, Plaintiff
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`Barbara Davis has been forced to move out of her home in Flint on several
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`occasions beginning in approximately August 2015 and ending in approximately
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`April 2016. Thus, the family was separated with Plaintiff Darryl Davis remaining
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`in Flint and his wife living in either Nevada or Louisiana. After having abated while
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`away from her home, each time she returned to Flint, Ms. Davis’s skin rashes
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`recurred. Plaintiffs Barbara and Darrell Davis also endured pain, suffering, and
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`profound emotional distress as a result of the water contamination.
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`16. Finally, as a direct and proximate result of Defendants’ conduct, the
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`Davises have sustained damage to their property, including, but not limited to, costs
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`associated with remediating the water service lines and plumbing as well as in the
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`diminution of the value of the property. The contamination of their water supply
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`has unreasonably interfered with all aspects of daily living, quality of life, and the
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`use and enjoyment of the property; as a result, Mr. and Mrs. Davis have incurred
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`substantial expense in coping with the inconvenience and disruption to their lives,
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`including, but not limited to, the cost of bottled water, transportation, and medical
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`care.
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`17. Plaintiff Michael Snyder, son of John Snyder, was appointed
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`Personal Representative of the Estate of John Snyder by a Genesee County
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`Probate Court Judge on August 15, 2015. John Snyder died at the age of 83 on June
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`30, 2015 while at McLaren Hospital in Flint. Mr. Snyder was admitted to McLaren
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`Hospital because of right shoulder swelling on June 16, 2015. He was discharged
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`on June 25, 2015 to the home of his daughter Mary-Anne Tribble. Ms. Tribble’s
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`home is located on Secluded Lane, Flint. Two days later, Mr. Snyder was
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`transported by ambulance from his daughter’s home to the Linden, Michigan
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`Caretel Inns for assisted living care. Mr. Snyder went to Caretel because his health
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`was deteriorating. At approximately 3:45AM on June 30, 2015, Mr. Snyder was
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`taken by ambulance from Caretel to the emergency room at McLaren in Flint
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`because of acute respiratory failure “most likely secondary due to healthcare-
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`associated pneumonia.” He passed away soon thereafter. McLaren Hospital records
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`establish that Mr. Snyder had the legionella antigen in his urine. Mr. Snyder died
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`because of pneumonia caused by exposure to legionella bacteria which he acquired
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`through exposure to contaminated Flint River water flowing through Flint’s water
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`supply.
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`18. Mr. Snyder is survived by daughter Mary-Anne Tribble (DOB: July
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`1951), son Michael Snyder (DOB: May 1950), son John Snyder (DOB: August
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`1952), and six grandchildren. Defendants’ deliberately indifferent wrongful
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`conduct as alleged in this Complaint caused the death of Mr. Snyder. The Estate of
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`John Snyder and his survivors seek compensation for lost earnings and other
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`economic losses such as funeral expenses and uninsured medical expenses; pain
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`and suffering of the decent prior to his death, mortification, loss of society and
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`companionship, and other damages flowing from Mr. Snyder’s wrongful death.
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`19. Plaintiff Marilyn Bryson is a 58 year old African American woman
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`who has lived at the same home in Flint, Michigan for 40 years. Mrs. Bryson’s
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`home has lead plumbing. During the relevant time period, Mrs. Bryson used the
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`toxic water in her home for purposes that included, but were not limited to, cooking
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`and bathing. Mrs. Bryson took frequent baths during the relevant time period due
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`to symptoms from menopause, and noticed a strong odor in her water that would
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`change from time to time. At first, her water smelled like rotten eggs and then the
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`smell changed to a strong bleach-like odor. Mrs. Bryson was admitted to the
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`emergency room in July 2015 with vomiting and diarrhea that had lasted for several
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`weeks. During this time, Mrs. Bryson lost more than 20 pounds. She was
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`subsequently diagnosed with a urinary tract infection and testing revealed E. coli.
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`20. As a direct and proximate result of Defendants’ actions, as set forth
`
`herein, Mrs. Bryson has experienced serious physical and emotional injury due to
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`her exposure to the toxic water, including but not limited to E. coli and urinary tract
`
`infections. Also as a direct and proximate result of Defendants’ actions, as set forth
`
`herein, Mrs. Bryson has suffered property damage, as well as a diminution in the
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`value of her property.
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`21. Plaintiff David Munoz is Hispanic and has lived in Flint, Michigan his
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`entire life and has owned a home there for over 20 years. As a direct and proximate
`
`result of Defendants’ conduct, Mr. Munoz suffered personal and property damages
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`as well as a diminution in the value of his property.
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`22. Plaintiff Tiantha Williams, individually and on behalf of her minor
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`child, “T.W.,” are both suffered the following injuries. Ms. Williams, age 40, is
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`African American and the daughter of VanNessa Taylor, age 62 and the mother
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`T.W., age 22 months. The Williams/Taylor family at all relevant times lived in a
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`single-family home on West Genesee in Flint. Since April 25, 2014, the
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`Williams/Taylor family continues to be exposed to highly dangerous conditions
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`created by Defendants’ use of the Flint River as a water source, and Defendants’
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`continued failure to remediate these harmful and toxic conditions. From April 25,
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`2014 until approximately December 2015, members of the Williams/Taylor family,
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`unaware of the toxic nature of the tap water supplied by Flint, regularly used the
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`water for drinking, cooking, bathing/showering, and clothes washing. The
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`Williams/Taylor family continued to consume, wash, bathe, and wash dishes and
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`clothing in the water until December 2015, when the family became aware of the
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`highly toxic and harmful nature of the supplied water. Prior to that time, the family
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`trusted previous reports that the condition of the water was not an immediate health
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`emergency. They also relied on statements about the safety of the water that were
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`made in public forums.
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`23.
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`It was not until December 2015, when the city of Flint declared a State
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`of Emergency, that the Williams/Taylor family stopped drinking the water;
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`however, Tiantha Williams and VanNessa Taylor have consistently bathed and
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`showered in the water. T.W. was born on December 15, 2015, preterm, during the
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`28th week of gestation. Upon birth, he stopped breathing 3 times and was revived.
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`Following his birth, T.W. remained in the hospital for 1 month and 2 weeks in the
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`Hurley Medical Center Neonatal Intensive Care Unit (NICU), being sustained by
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`a heart monitor and oxygen therapy. After giving birth to T.W. on December 15,
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`2015, Tiantha Williams was diagnosed with listeria-infected amniotic fluid.
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`24. As a direct and proximate result of Defendants’ actions, as set forth
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`herein, Tiantha Williams has experienced serious physical and emotional injury due
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`to her exposure to the toxic water, including but not limited to listeria-infected
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`amniotic fluid; hair loss, skin rashes and other skin problems; sleeping disorders;
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`and psychological disorders such as depression, chronic anxiety, post-traumatic
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`stress disorder, and a difficulty coping with normal stress.
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`25. As a direct and proximate result of Defendants’ actions, as set forth
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`herein, T.W. has experienced serious physical and emotional injury due to his
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`exposure to the toxic water, including but not limited to premature birth at 28 weeks
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`gestation; excessive crying and irritability; sleeping disorders; delayed physical
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`development; and expressive language delay.
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`26. Plaintiff Darnella Gaines, on behalf of her minor child, K.C. is a 28
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`year old mother who resides in Flint, Michigan. Ms. Gaines’ minor son, K.C., was
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`born on July 26, 2011. From April 25, 2014 until approximately sometime in July
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`2015, Ms. Gaines and K.C. regularly used unfiltered water for drinking, cooking,
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`bathing/showering, and clothes washing. After July 2015, Plaintiff continued to
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`bathe, shower and wash clothes and dishes in unfiltered water. In addition to being
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`exposed to high levels of lead during the timeframe that he consumed water, K.C.
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`experienced hair loss and persistent skin rashes. As a direct and proximate result of
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`Defendants’ conduct, K.C. has experienced serious physical injury due to his
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`exposure to the toxic water, including, but not limited to, heightened levels of lead
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`in his blood.
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`27. Plaintiffs Elnora Carthan, Rhonda Kelso, individually and on behalf of
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`her minor child, K.E.K., Darrell and Barbara Davis, Michael Snyder, Marilyn
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`Bryson, David Munoz, Tiantha Williams, individually and on behalf of her minor
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`child, T.W., and Darnella Gaines, on behalf of her minor child, K.C., are referred
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`to collectively herein as, “Individual Plaintiffs.”
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`28. Plaintiff Frances Gilcreast resides in Mt. Morris, Michigan. FG&S
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`Investments, located at 4322 E. Mt. Morris Road, Mt. Morris, Michigan 48458, is
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`a partnership owned and operated by Ms. Gilcreast and her husband, Aonie
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`Gilcreast. Ms. Gilcreast, through FG&S Investments, owns multiple properties in
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`Flint, Michigan that are serviced by water provided by the City of Flint. As a direct
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`and proximate result of Defendants’ conduct described herein, Ms. Gilcreast has
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`suffered property damage, lost rental and business income, and diminution in the
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`value of her properties.
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`29. Plaintiff 635 South Saginaw LLC (“South Saginaw LLC”) is the
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`owner of the restaurant “Cork on Saginaw,” which is located at 635 Saginaw Street
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`in Flint Michigan. As the Flint Water crisis unfolded, Cork on Saginaw suffered a
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`significant reduction in income due to the reluctance of restaurant patrons to
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`purchase food and beverages at a restaurant located within the City of Flint that
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`used Flint water. As a direct and proximate result of Defendants’ conduct described
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`herein, South Saginaw LLC has suffered lost business income.
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`30. Plaintiff Angelo’s Coney Island Palace Inc., (“Angelo’s Coney
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`Island”) is a Michigan Corporation located at 1807 N. Franklin Avenue, Flint,
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`Michigan 48506. Angelo’s Coney Island is a restaurant chain doing business in
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`Flint, Michigan since 1949. Angelo’s Coney Island has been significantly injured
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`in its business and property as a direct and proximate result of Defendants’ conduct,
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`as set forth herein. Customer traffic at Angelo’s Coney Island and similarly situated
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`restaurants dropped considerably once the issues with Flint’s water became known,
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`leading to a substantial drop in revenue and profits thereby also impairing the value
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`of the business. Additionally, Angelo’s Coney Island has suffered property
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`damages.
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`31. Plaintiffs Frances Gilcreast, South Saginaw LLC, and Angelo’s Coney
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`Island are referred to collectively herein as, “Business Plaintiffs.” The Business
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`Plaintiffs and Individual Plaintiffs are referred to collectively as, “Plaintiffs.”
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`32. Plaintiff representatives have at all times relevant been residents of
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`Flint, Michigan and citizens of the State of Michigan who have suffered personal
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`injuries as a result of exposure to the City of Flint’s drinking water, and/or property
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`owners who have had property located in Flint damaged from exposure to the City
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`of Flint’s drinking water, and/or have suffered or continue to suffer economic harm
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`caused by the City of Flint’s drinking water