(MERCED SUN STAR) Merced has been awarded nearly $3 million dollars in a verdict in a groundwater contamination lawsuit that Merced brought against several major oil companies.
A jury for the case found three oil companies that went to trial liable for damages to the city, which total $2.9 million.
The contamination was caused by methyl tertiary butyl ether, a fuel additive that was used in the 1990s to help fuel burn cleaner and cut down on air pollution.
The city's lawsuit alleged the oil companies sold the fuel with MTBE to local gas stations from 1992 to 2002, and the MTBE leaked into the ground because of negligence. The chemical has been linked to health risks, including cancer.
The city was awarded $859,000 from Shell Oil Co., $1.9 million from Chevron Corp. and $200,000 from Exxon Mobil Corp.
Shell and Chevron, which also supplied fuel to other locations, were found not liable on two other counts. Oil company ConocoPhillips settled with the city in November for $1.25 million.
The oil companies had claimed they did nothing wrong by including MTBE in their gasoline, and that there was no evidence the chemical has harmed anyone in Merced.
City officials, on the other hand, maintained the oil companies needed to be held accountable.
The trial, which lasted more than three months, produced somber feelings after the verdict was read. Judge Carol Ash was brought to tears because of the working relationship that formed between her and the jury.
Several jury members, a few of whom were also emotional, discussed some of the details of the trial with attorneys after they were dismissed.
A hearing has been set for Feb. 27 so parties can advise a judge on what post-trial motions they might make. Post-trial motions can include requests for a new trial or a verdict to be overturned.
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TXT 24
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