Marine Widow to Fight On : 3rd Appeal Due in Suit Over N-Test Exposure

The Laguna Niguel widow of a Marine Corps major who was exposed to radiation during nuclear bomb tests in Nevada said Tuesday that she will appeal for the third time a federal judge’s dismissal of her wrongful-death lawsuit against the government.

“We’re going back up to the 9th Circuit Court of Appeals,” said Alice Broudy, 57. “We’ve won there twice, and they’ve (the government) lost twice, and they’re going to lose again.”

U.S. District Judge Laughlin W. Waters on Monday threw out the suit for the third time in a brief court hearing. He made the ruling without comment.

‘Waiting for Me to Die Off’

“I am disgusted and amazed,” said Broudy angrily. “It’s a waiting game--they’re waiting for me to die off. This is too big an issue for them to allow an individual like myself to win a lawsuit. There would be too much agitation to stop underground testing. But I’m just trying to get to trial.”

Broudy sued the government in 1979, contending that her husband, Maj. Charles Broudy, a decorated fighter pilot during World War II and in Korea, was exposed to radiation during two atmospheric atomic tests in 1957 in Yucca Flats, Nev.

The suit contended that federal authorities had a legal duty to warn Broudy of the dangers of exposure to radiation and to monitor his health after his retirement from active duty in 1960. He died of lymph gland cancer in 1977.

Justice Department attorneys, however, asked Waters to rule against the widow, contending that because of recent U.S. Supreme Court rulings, the government is immune from lawsuits by military personnel for injuries suffered during active duty.

Case Reinstated Twice

In papers filed in support of their position, federal officials admitted that Broudy’s illness was caused during his military service.

Under present law, that admission allowed the government to claim immunity from litigation in the Broudy case, said the widow’s attorney, Ronald Bakal.

Twice before, the appellate court reinstated the case after it was thrown out by Waters in 1979 and again in 1981.

The appellate court acknowledged the federal government’s immunity from the lawsuit in its latest decision in 1983. However, the ruling by Judge Dorothy W. Nelson declared that the immunity does not necessarily protect the government against legal action “for a service-related injury suffered by a veteran as a result of independent post-service negligence,” such as the failure to monitor Broudy after retirement.