Second Cardiff Surfer Sues, Claiming Illness From Sewage

A second surfer who believes he became ill after swimming in sewage-contaminated waters off Cardiff State Beach has filed an administrative claim seeking compensation from three public agencies.

Peter Eller, 25, is seeking $10 million in damages from San Diego County, the state Regional Water Quality Control Board and the City of Escondido, his attorney, David McKenzie, said Monday at a press conference. McKenzie also represents Terry Wagner, who is seeking $1 million in connection with a staph infection he believes was caused by the pollution.

Eller, a Palomar College student, has been diagnosed as having post-infectious brachial neuritis, a relatively rare side effect of a viral infection, McKenzie said. The attorney said Eller became violently ill on March 5 shortly after surfing at Cardiff State Beach. He is now partly paralyzed on his left side.

A 200-yard stretch of the beach was closed more than two weeks ago by county health officials after the surf was found to contain sewage contamination more than five times more concentrated than the level considered safe.

McKenzie alleges that the three agencies were negligent and breached their duty to protect the public health. San Diego County operates a sewage treatment plant at Cardiff and discharges about 3 million gallons of sewage a day through an ocean outfall. The City of Escondido discharges about 11 million gallons of sewage daily through the outfall.