FIRST ON WOAY: Judge approves $4M class action suit after diesel spill in Lewisburg

LEWISBURG, WV (NEWS RELEASE) – This morning Judge Robert E. Richardson preliminarily approved a Class Action Settlement Agreement in the amount of Four Million Dollars ($4,000,000.00) in a Class Action brought by attorney Charles R. “Rusty Webb, The Webb Law Centre and other law firms against Kenneth Pritt, Woodford Transportation and Woodford Oil Company following exposure to a diesel spill into a tributary that fed into the Anthony Creek in January of 2015.

The incident occurred on W.Va. 92 just south of Neola, West Virginia when Defendant Kenneth Pritt operated his tanker truck such that it left the roadway and entered into the tributary. The tanker separated from the truck portion when it went into the tributary where it started leaking.

As a result of the diesel spill, contaminants were introduced into the Greenbrier River causing the city of Lewisburg to shut down its water treatment plants at 2:30 p.m. on January 24, 2015. By the afternoon of January 25, 2015, the water supplies in these areas were exhausted, leaving parts of the community with no water.

As a result of the water shut-off caused by the Defendants’ conduct, area businesses and restaurants were forced to close; area schools and daycares were forced to close; and individuals were left without potable water for drinking, bathing, cooking and cleaning.

The Class includes all persons who resided in a dwelling that was supplied tap water by the Lewisburg Municipal Water System that was shut off on January 24, 2015, due to the diesel spill in Anthony Creek, West Virginia on January 23, 2015, and all owners of or persons who were hourly wage earning employees in a business supplied by the Lewisburg Municipal Water System that was shut off January 24, 2015, due to the diesel spill in Anthony Creek, West Virginia on January 23, 2015.

The Settlement terms are to be distributed as follows:

  • $250.00 for each residential household including one person, and $150.00 for each additional person in said residential household, which was provided tap water service from the water treatment plant operated by the City of Lewisburg on January 24, 2015, and who was without water as a result of the January 23, 2015, diesel spill into Anthony Creek.
  • $240.00 for each person employed on January 24, 2015, at a business that was provided tap water service from the water treatment plant operated by the City of Lewisburg that shut down or partially shut down because it was without water as a result of the January 23, 2015, diesel spill into Anthony Creek and who was not paid wages as a result of that shut-down; and
  • Payment of not more than $3,100.00 to each business that operated a property location provided tap water service from the water treatment plant operated by the City of Lewisburg.

 For additional information you may contact Charles R. “Rusty” Webb at The Webb Law Centre, PLLC, 716 Lee Street, East, Charleston, West Virginia 25301; by e-mail at rusty@rustywebb.com; by telephone 304-344-WEBB (9322); or statewide toll free at 1-888-344-WEBB (9322).

 

 

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