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Environmental Law
Federal Oil Pollution Act
Common law negligence

Vopak North America, Inc. dba Vopak Americas and Vopak Terminal Los Angeles, Inc. v. CMAC Construction Company

Published: Feb. 26, 2021 | Result Date: Jan. 24, 2020 |

Case number: 2:16-cv-06526-TJH-SK Verdict –  $3,020,962

Judge

Terry J. Hatter Jr.

Court

CD CA


Attorneys

Plaintiff

Paul K. Leary Jr.
(Cozen O'Connor)

Dylan Alper
(Cozen O'Connor)


Defendant

Peter L. Garchie
(Lewis, Brisbois, Bisgaard & Smith LLP)

Zahed Amin
(Lewis, Brisbois, Bisgaard & Smith LLP)


Facts

Vopak North America Inc. owned and operated a bulk liquid storage terminal in the port of Los Angeles. An oil leak resulted in a spill onto the dock and into the nearby water. Vopak North America Inc. paid for the clean-up then sued CMAC Construction Co., the construction contractor it hired to run hydrostatic testing and certification at Vopak's Los Angeles terminal for the resultant leak and damages.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that CMAC violated the Federal Oil Pollution Act
by negligently conducting the hydrostatic test the day before the spill, including applying too much
pressure to the line and failing to secure the line at the end of the day. Plaintiffs alleged that the
failure of CMAC to close valves on the line and their equipment caused the spill.

DEFENDANT'S CONTENTIONS: Defendant contended that they did not cause the spill.

Result

The jury delivered a $3,020,962 verdict for plaintiff.


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