Posted April 30, 2014
A Texas family has won a $2.925 million judgment against Aruba Petroleum over damages to their health and property caused by fracking operations near their 40-acre ranch, according to an article by MSNBC available here.
Attorneys for the plaintiffs said the suit was the first fracking trial in the United States. The jury verdict included “$2 million for physical pain and suffering, plus money for property and market value loss, future pain and suffering and mental anguish,” according to a report by The Hill available here.
Fracking involves “pumping water, sand and chemicals into the ground at high pressure to break rock formations and release oil and natural gas.”
“I’m really proud of the family that went through what they went through and said, “I’m not going to take it anymore,” attorney David Matthews said.
Aruba disagreed, saying, “We contend the plaintiffs were neither harmed by the presence of our drilling operations nor was the value of their property diminished because of our natural gas development,” Aruba said in a statement. “We presented thorough and expert testimony from recognized toxicologists and medical professionals, as well as local real estate professionals, to help the jury make an informed decision.”
CNN Reports that Lisa Parr’s symptoms began with migraine headaches, nausea and dizziness. “By 2009, I was having a multitude of problems…My central nervous system was messed up. I couldn’t hear and my vision was messed up. My entire body would shake inside. I was vomiting white foam in the mornings.”
Bob Parr and the couple’s 11-year-old daughter also became ill and suffered a myriad of symptoms including nosebleeds, vision problems, nausea, rashes, and blood pressure issues.”
The jury found that Aruba’s poorly managed operation and lack of emission controls created a “private nuisance” to the Parrs by producing harmful pollution.
For more information on environmental law and landowner liability, please visit the National Agricultural Law Center’s website hereand here.
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