Facts

The City of Atwater filed a lawsuit against Shell Oil Company and Dow Chemical Company after it discovered that 8 city drinking water wells were contaminated with trichloropropane (TCP) levels the state considers unsafe.

PLAINTIFF'S CONTENTIONS: The City contended that between 1945 and 1984 defendants supplied the City's farmers with fumigants to kill microscopic worms in the soil that damaged crops. The City contended the fumigants contained TCP, which contaminated the City's drinking water. The City alleged defendants defectively designed their products, and failed to warn of the dangers. It also asserted causes of action for nuisance and trespass.

DEFENDANT'S CONTENTIONS: Defendant Shell contended that its soil fumigant product contained only a trace amount of the claimed contaminant. Further, Shell contended that its product was highly beneficial to agriculture in the Central Valley because the microscopic worms caused millions of dollars of crop loss each year, and that it was not defective. Shell also contended that a portion of the contamination came from nearby Castle Air Force base.

Injuries

The City contended the damage will continue to percolate for decades to come.

Result

Defendant Dow settled during trial. The matter proceeded against defendant Shell. The jury found for the City and awarded $63,419,988 in aggregate damages, $10 million of which were punitive.

Deliberation

5 days

Poll

11-1 (liability), 10-2 (punitive damages)

Length

39 days