Underground storage tank leaks gasoline additive: Failure to warn: Well water contamination: Medical monitoring: Settlement

Law Reporter, Oct 2004

Eckert v. Motiva Enters. Inc., U.S. Dist. Ct., D.N.J., No. 03-3026, Feb. 19, 2004.

James, Eugene, Janette, and Colleen Eckert each owned one-quarter of a parcel of land adjacent to a Shell gasoline station. The state department of environmental protection notified die Eckerts that their well water was contaminated with die gasoline additive methyl tertiary-butyl ether, a potentially carcinogenic chemical. The property allegedly diminished in value, and the Eckerts were forced to connect to the public water system. James and Eugene, who lived on the property, must undergo medical monitoring for cancer and other illnesses potentially related to their exposure to the chemical. They also suffered emotional distress as a result of the incident.

Shell requested permission to enter the property to test the water and asked the Eckerts to sign a form allowing it access. The form allegedly contained a release from liability for personal injury and property damage claims.

The Eckerts sued Shell and its subsidiary, which owned and operated the station, alleging gasoline from the station's underground storage tank had leaked into their water supply. Plaintiffs also alleged defendants had failed to warn of the contamination.

The parties settled for $600,000.

Plaintiffs' expert was Myron Mehlman, toxicology, Princeton, NJ.

Plaintiffs' Counsel

*Shari Blecher, Princeton, NJ.