http://www.daily-journal.com/news/local/limestone-oil-spill-still-lingering-in-the-courts-now-comes/article_48396e07-9d34-5df4-9178-3d5d4100dce3.html
Limestone oil spill still lingering in the courts; Now comes the
question of 'wrongful deaths'
Jon Krenek
Late Limestone Township resident Edith Quick didn't live to see any
resolution of the lawsuit over the 1988 Shell Oil pipeline spill she
filed in 2001. She died of liver failure on April 10, 2012, which the
lawsuit alleges was caused by contamination of her drinking water well.
But her name is still among the 25 wrongful death claims and more than
80 personal injury claims still in Kankakee County court. A $46 million
settlement with Shell Oil over property damage already has been reached
in the case and paid to property owners for damage caused when 100,000
gallons of SU 2000 gasoline leaked into area groundwater.
The wrongful death and personal injury claims have continued to linger
for 14 years.
"This was always a part of the case. It was just on the back burner for
a while as the property damage was resolved," said Ken Lumb, an attorney
with the Chicago law firm of Corboy & Demetrio, which is representing
the Limestone Township residents.
Shell Oil in court filings systematically has denied the high death toll
claimed in the case, although neither side is close to proving or
disproving allegations that the contamination of drinking water wells
can be linked to it. The lawsuit claims a host of injuries and deaths to
ailments ranging from kidney disease, bladder disease and liver failure
to more than 50 cases of cancer.
John Galvin, the attorney representing Shell, of the St. Louis law firm
of Fox Galvin LLC, did not return a telephone call seeking comment.
The sides are sharing information about Shell's handling of the spill
and medical records of the claimants. With thousands of documents to
review, the case is expected to move slowly. But one key issue is yet to
be resolved — whether the statute of limitations has run out.
The spill occurred 27 years ago. The lawsuit is now 14 years old. The
statute of limitations in wrongful death and personal injury cases is
generally two years.
Shell has argued unsuccessfully to dismiss the case thus far, but
Circuit Court Judge Gordon Lustfeldt, who denied Shell's motion to
dismiss it in October 2014, indicated he might be willing to revisit the
issue, according to court records.
"It's troubling that they're taking this approach, but it's not
surprising," Lumb said.
Tracing toxics
Quick and her family were the first to attach their names to the case.
She was diagnosed with liver failure in 1997. It was six years after
Shell's pipeline had burst and three years after a Shell contractor
started quarterly testing her drinking water well. The contractor,
Parson's Engineering Science Inc., of California, repeatedly had found
the well safe, according to court records.
But physicians at Presence St. Mary's Hospital in 2001 found toluene in
her blood, a toxic chemical and component of SU 2000 gasoline known to
cause liver damage. A private firm hired by the family and the Kankakee
County Health Department tested her well immediately following the
diagnosis and also found MTBE, a gasoline additive, as well as benzene.
Toluene and benzene both are regulated by the U.S. Environmental
Protection Agency in drinking water because of their serious health
effects. Benzene is a known human carcinogen.
The lawsuit quickly followed, galvanizing the quickly growing
residential area of Limestone Township, which relied heavily on well
water. The geology of the area contributed to problems as the limestone
bedrock reaches close to the surface and is fractured, helping
contaminants move easily and unpredictably throughout local aquifers.
Shell found MTBE in about 42 private wells within a one-mile radius of
the spill following testing in 2002, including in the Hillside Manor,
Bower, Oakdale Acres and El Rancho subdivisions, according to court
records. All were well below advisory drinking water limits recommended
by the EPA. The agency has determined current research on MTBE is "not
adequate to estimate potential health risks."
Ultimately, the $46 million settlement Shell agreed to in March 2008
provided $26 million for property damages to 1,400 residents living in
proximity to the spill. Another $20 million was used to extend water
mains from Kankakee, relinquishing the area's dependence on well water.
It was the largest legal settlement in Kankakee County history.
History's role
The lawsuit's history continues to be a significant factor in the case.
For one, the number of claimants for personal injury has grown from
eight to more than 100, according to court records. Claims for wrongful
death are at 25, whereas there previously were none. Lumb said he
expects more could come as time progresses.
"For many of these injuries, there is a long latency period," Lumb said.
"The harmful effect doesn't appear for decades after."
Time, however, also has been on Shell's side.
The statute of limitations potentially could derail the case. Lustfeldt
outlined potential issues with three claimants in his October 2014
ruling which could play into Shell's favor. The timing of when injuries
were discovered, when claimants died, the date they filed the claim and
even the legal status of deceased claimants' estates potentially could
bar claims.
The sides are exchanging medical records and other information that
weigh on the issue. Lustfeldt acknowledged lingering arguments in his
opinion saying, after that information is reviewed, "the Court's ruling
may then be different."
The attorneys representing Limestone Township residents are reaching all
the way back to 1994 to make their case.
That's when they claim a Shell employee addressed the Kankakee County
Board to announce the company would waive any statute of limitations
related to the spill, according to court documents. A letter the company
sent to county officials prior to that April 1994 meeting apparently
also stated the same.
"Shell's claim is that they never waived the statute of limitations,"
said Robert Bingle, an attorney representing the Limestone Township
residents. "Now it's time to determine if there is enough evidence that
they did, so in the interim we're gathering that evidence."
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