Free Response to Cross Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 173-46

Filed 05/26/2006

Page 1 of 1

Theodore Dingle - Test Case Plaintiff Mr. Dingle and his wife Susan purchased their home on 912 Carolina Avenue in the Shadowlawn subdivision of Virginia Beach in 1983. (Exhibit 22B, Dingle Deposition. p. 26-27). Mr. Dingle began a career in the Navy in 1974. (id. p. 20). He worked as an active duty bomb disposal specialist. (id. p. 5). From 1993 to 2003, Mr. and Mrs. Dingle rented out their home while Mr. Dingle was working for the Navy. (id. p. 66-67). Mr. Dingle lived on the property in the mid-1980s during which time he found the operations from Naval Air Station Oceana to be less frequent than they were following the arrival of the F-18s. (id. p. 97). In the early 1990s, Mr. Dingle returned to the home and remembers "intense" operations in the run up to the first Gulf War (id. p 97-98). In 1995-1996, Mr. Dingle was enrolled in the Navy's hearing conservation program following work on the flight deck of the USS AMERICA, a period of time Mr. Dingle believes damaged his hearing. (id. p. 100). In 2004, Mr. Dingle returned to live on his property (id. p. 98). When asked whether he was able to distinguish between the noise during the 1990s and the noise he experiences now, he had the following to say: "... a comparison of the intensity from what I remember back in the '90s, when I had good hearing to the absolute perceived increase of intensity that I have now with worse hearing is extremely noticeable. I think that was the track I was getting onto when I mentioned that I have had a decrease in my hearing capabilities. But the intensity is just so much more noticeable now. The intensity, the level of sound." (id. p. 101-102). **** "...The intensity of the noise level that I currently experience at my property since moving back -- associated with my property in 2003, having moved back in and stayed in the property in 2004, the intensity -- my perception of the intensity of the noise level has vastly increased from the time that I remember in the early '90s, when I last lived there." (id. p. 137).

Exhibit 22A - Theodore Dingle Deposition Summary - Test Case Plaintiff - Page 1 of 1