On October 7, 2015, the
Texas Fourth Court of Appeals affirmed
a District Court’s ruling that a family failed to establish that their illness
and property damages were caused by nearby property oil and gas drilling
operations.
In May 2013, plaintiffs
brought an action
seeking personal injury compensatory and punitive damages from Marathon Oil
Corporation and Plains Exploration & Producing Company in tort actions.
Plaintiffs claimed that the companies had negligently operated their oilfield
and, as a result, impaired plaintiffs’ health conditions and property value.
Plaintiffs alleged that “[t]he constant traffic, dust, strong odors, and noise
radically altered the lifestyle previously enjoyed by the plaintiffs and made
the enjoyment of their outdoor activities impossible.” Defendants filed
no-evidence and traditional motions for summary judgment arguing that
plaintiffs did not have any causes of action.
The Karnes County
District Court granted defendants’ motions for summary judgment and concluded
that plaintiffs did not establish sufficient medical and scientific evidence
that their health problems were caused by oil field emissions. Plaintiffs
appealed the District Court’s decision.
The Texas Court of
Appeals reasoned that the plaintiffs failed to exclude other potential causes
for their health issues and property loss of value.
Further information on
this case is available at docket no. 04-14-00650-CV.
Written by Chloe Marie - Research Fellow
10/09/2015
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