Surfer Sues Over Contaminated Cardiff Water : Encinitas Carpenter Who Contracted Staph Infection Claims Negligence

An Encinitas carpenter who was hospitalized for a staph infection he contracted after surfing at sewage-contaminated Cardiff State Beach has filed a $1-million claim against three government agencies, charging them with negligence.

Terry Wagner, who spent two days at the Veterans Administration Hospital in La Jolla after an infected cut caused his right leg to swell, filed the claim Tuesday against the City of Escondido, the County of San Diego and the California Regional Water Quality Control Board, his attorney said.

Attorney David McKenzie of Vista said the claim was filed on grounds that “somewhere along the line, these agencies were negligent and breached their duty to protect the cleanliness of our beaches.”

Wagner, 38, maintains he contracted the infection while surfing in Cardiff sea water that was later tested by the county and found to be contain five times more of the bacteria than is considered safe. The popular beach, site of an ocean outfall that discharges 14 million gallons of sewage from Escondido and the San Dieguito area each day, has been closed for nearly two weeks because of pollution.

“I feel the county was negligent for not letting me know that they dumped sewage in that water and for making me vulnerable to this kind of infection,” said Wagner, a carpenter who missed several days of work because of his swollen leg. “I bring my three kids down there all the time. And I felt they owed us a sign or some warning that the water was polluted.”

A second surfer also believes exposure to the contaminated water made him sick and plans to meet with McKenzie today to discuss filing a claim. This surfer became violently ill the day he surfed at Cardiff and has subsequently become all but paralyzed on his left side, the attorney said.

“His doctors are running millions of tests right now, but preliminary findings indicate he has a rare bone or joint disease that is a sequel to a viral infection,” said McKenzie, who declined to identify the youth, a Palomar College student, because he has not yet accepted the case. “His doctor said it could have come from swallowing or bathing in contaminated water.”

Spokesmen for agencies hit with the claim either declined comment or dismissed the negligence charge. George Lohnes, Escondido’s utilities engineer, called the claim “frivolous” and said it would not dissuade the city from obtaining a permit to reduce its treatment of 11 million gallons of sewage dumped in the sea each day.

“I can’t see how we can be liable for this,” Lohnes said. “We have taken every reasonable measure to protect the public. I feel folks are singling Escondido out with a frivolous suit because some fellow said he got sick in the ocean. Who knows, maybe it was something he ate.”

John Melbourn, county public health engineer, would not comment on whether the county is liable. But he argued that the “staphylococcus organism is ubiquitous, it’s everywhere,” and noted that Wagner could have picked up the infection from food poisoning, person-to-person contact “or any number of other sources.”

McKenzie said the three agencies have 45 days to notify Wagner if they intend to settle his claim. If no contact is made, McKenzie said, he will file a lawsuit in North County Superior Court.

The claims are certain to add fuel to the controversy swirling around efforts by several North County communities to cut the degree of purification their sewage receives before it is pumped into the ocean.

Escondido and San Diego County have received approval to reduce treatment of sewage discharged through the San Elijo outfall at Cardiff State Beach, and Oceanside and Fallbrook are seeking similar permission. The communities say reducing the treatment level from “secondary”--a sophisticated method that uses microorganisms to break down waste--to “advanced primary”--a cruder settling process--will save money and enable them to accommodate new development.

But the agencies’ plans have sparked the formation of a feisty coalition led by the Cardiff-based group People for a Clean Ocean. The opponents fear that reduced treatment threatens the public health and could harm marine life.

The group has appealed the Environmental Protection Agency’s recent issuance of a permit enabling Escondido and San Diego County to cut treatment, and members are attempting to persuade Oceanside and Fallbrook to abandon their campaign.

Carol MacManus, a founder of People for a Clean Ocean, said she hopes Wagner’s “tragic condition” and his threat of legal action would “force these agencies to really take notice of the sewage problem.”

“Every day we hear from people who are sick because of the contaminated ocean, and now we’ve got a documented case,” MacManus said. “It’s ridiculous that these officials are actually talking about reducing the level of treatment when existing conditions are having this effect.”

Meanwhile, Supervisor Susan Golding announced Tuesday that she will attempt to place the question of reduced sewage treatment before San Dieguito voters if residents do not vote to incorporate in the June election. If the area incorporates, the new city government would assume control of the local sanitary districts, relieving the county of the sewage controversy.

Golding said her ballot measure would ask residents whether they would be willing to pay for revenue bonds to cover the higher costs of secondary treatment--and plant improvements necessary before such treatment could begin. The county Department of Public Works estimated that such a program would double an average household’s sewer bill.