Some plaintiffs settle Tranguch gas spill suit

WILKES-BARRE – A handful of the more than 1,000 plaintiffs involved in an 8-year-old lawsuit who claim they were sickened after a gasoline spill in Hazleton settled their cases Monday morning, as potential jurors gathered in anticipation of a trial.

Three plaintiffs who were scheduled to go to trial Monday settled their cases for an undisclosed amount of money in their suits filed against Exxon Mobil and nine other defendants. One other plaintiff’s settlement is pending.

The original suit dates back to 2001, when the plaintiffs alleged that fuel leaks at the former Tranguch Tire and Service Station on Church Street entered the ground, causing residents to fall ill with diseases, including cancer.

The business closed in 1995 after filing for bankruptcy and the building is in the process of being torn down.

“We are pleased that after nearly nine years of litigation, we have resolved the first of the cases arising out of the Laurel Gardens gasoline spill,” said attorneys Michael Leh, Jonathan Miller and Al Anthony, who represented the plaintiffs, in a prepared statement.

According to court papers, plaintiffs scheduled to proceed to trial Monday were Laura and John Pauline; Mauro Cabell; and Dennis and Carol Dawley.

“We hope some day to resolve all the cases, but we believe the settlements achieved in these three cases are very fair,” the attorneys said in the statement. They declined further comment.

Luzerne County Court of Common Pleas Judge Joseph Musto, who was assigned to preside over the trial, said Monday he hopes the settlement, and the procedure to reach it, sets an example for the other cases that still need to be heard.

“It’s almost like a template,” Musto said. “We can move along and everyone is aware of the process and ready and available to try the cases.”

Musto said there are approximately 270 cases, with more than 1,000 plaintiffs, left to be tried.

Monday’s trials were scheduled several weeks ago, and Musto expected them to take up to four to six weeks to complete because there are three phases to each case.

According to Leh, Miller and Anthony, the first phase would have consisted of the jury determining whether Exxon Mobil and other defendants are responsible for the spill and contamination.

The second phase would be to determine whether the contamination caused the injuries the plaintiffs alleged, including acute myelogenous leukemia suffered by two of the plaintiffs.

The third phase would consist of determining the compensation to which the plaintiffs are entitled, including possible punitive damages.

“Each of the victims had an individual case, and is entitled to make their own decisions of how to proceed,” Leh, Miller and Anthony said in their statement. “We are prepared to try the case against Exxon Mobil and expect to do so in the future.”

Musto said attorneys for both sides discussed settlement most of Monday morning while a panel of 160 jurors stood by.

“It’s always beneficial if (attorneys) can resolve (cases),” Musto said. “It conserves expenses for the parties involved and the court.”

Musto said he got the assignment to handle the gas spill cases at the end of July and is happy with how the cases have moved forward.

The next round of trials has not yet been scheduled, but a status conference is scheduled before Musto on Dec. 1 to determine where the next set of plaintiffs in the case are at in the litigation.