Fouad and Olga Nehme v. Conoco, Inc.
Published: Jun. 18, 1994 | Result Date: May 23, 1994 | Filing Date: Jan. 1, 1900 |Case number: 106220 – $38,150
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Edward J. Casey
(Alston & Bird LLP)
Experts
Plaintiff
Richard J. Zipp
(technical)
Stephen Shelton
(technical)
Defendant
Warren Rogers
(technical)
Timothy Durbin
(technical)
Facts
In 1987, Plaintiffs Fouad and Olga Nehme purchased a service station in Oxnard from Defendant George Gallo. At the time, the station was in the process of an environmental cleanup conducted by Defendant Kayo Oil Company, a wholly-owned subsidiary of Defendant Conoco, Inc. The cleanup, involving groundwater contamination, continues to this day.
Settlement Discussions
Defendant Conoco contends they made a 998 offer of $100,000 and Plaintiffs demanded "in excess of $7,000,000." Plaintiffs contend they made no specific demand.
Damages
According to Defendants, the damages claimed were as follows: $2,800,000 lost profits (later dismissed by Plaintiffs); $4,000,000 emotional distress; and clean-up costs. According to Plaintiffs, the damages claimed were as follows: Unspecified out-of-pocket expenses.
Injuries
Emotional distress.
Result
The jury found for the Defendants on the respective fraud counts; 11-1 the jury found for the Defendants on Plaintiffs' claims for intentional infliction of emotional distress and for trespass caused by the contamination; 10-2 the jury found for Plaintiffs on their nuisance claim, awarding only $38,150; and the jury found for the Plaintiffs 12-0 on Defendant Kayo's Cross-complaint for damages from an alleged subsequent leak.
Deliberation
3 days
Poll
11-1, 10-2, 9-3
Length
8 weeks
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