Gasoline Release
On more than one occasion, gasoline leaked from underground storage
tanks at a gas station into a shallow aquifer
in Indiana. One release occurred during 1996 when the gas
station was operated by a small, regional chain of stations. A
national company purchased the gas station in 1998 and it too had
releases of gasoline.
When gasoline and gasoline impacted groundwater migrated beneath an
adjacent residential area, residents in the affected neighborhood
launched a class action lawsuit against the small chain, the
national company, and a consultant for the national company.
The Dragun Corporation provided expert testimony on behalf of the
small chain. The Dragun Corporation evaluated the site hydrogeology,
examined temporal changes in groundwater chemistry and free product
distribution, and evaluated the transport of gasoline components.
The Dragun Corporation used these data to determine which part of
the impacted aquifer could be attributed to the small chain's
release and which part to the national company's release.
The national company used two experts, one to discuss the physical
aspects of the problem and another who used esoteric tracers in
gasoline to allocate responsibility. The Dragun Corporation found
that the two opposing experts gave contradictory evidence about the
extent of the gasoline impact attributable to the two owners. The
Dragun Corporation also found that the tracer expert "traced" the
esoteric tracer, a diagnostic component of his client's gasoline,
"downgradient" and not seeing it in a particular monitoring well,
concluded his client's gasoline was not there. However, The Dragun
Corporation identified two fatal flaws in his argument: (1) the
tracer expert focused on a particular "downgradient" monitoring well
that was actually very peripheral and not near the center of the
plume and (2) the esoteric tracer moves far more slowly than the
chemicals of interest, such as benzene and toluene. So even though
the esoteric chemical had not arrived at a given well yet, benzene,
toluene, and other more mobile chemicals from his client's gasoline
release had moved far downgradient.
The Result: The court awarded the plaintiffs $19.8
million, the small chain's portion being only $4 million versus
potentially the full $19.8 million. The small chain
owner cried (with joy) when he heard the verdict.
