(The Associated Press distributed the following article on October 8.)
GRAND FORKS, N.D. — Jurors here are considering whether the Burlington Northern Santa Fe railroad is responsible for a decades-old underground diesel spill in Mandan, and whether about 70 residents of that city should be compensated for health problems and property damage.
The civil lawsuit went to the 11-person jury on Thursday after about four weeks of testimony, and court officials said a verdict was expected sometime next week.
Attorneys for the plaintiffs say there is no question that the railroad is responsible for the spill. It was discovered in 1984, and estimates have ranged as high as 4 million gallons.
“We’re here because the railroad has not and will not accept responsibility for what’s going on,” attorney Terry Quinn told the jurors in closing arguments. He urged them to “make it right.”
Quinn said each plaintiff should be awarded at least $125,000 in compensation.
Railroad attorney Tom Thornton said the plaintiffs did not prove that the railroad is responsible, in part because the state did not thoroughly investigate other possible sources of the fuel.
He also said some of the health problems that plaintiffs claim did not result from exposure to the fuel.
“If (plaintiffs’ attorneys) really wanted to show you these people are sick, they would’ve showed you the records – not a one,” he said.
Burlington Northern Santa Fe in July agreed to pay more than $30 million in cash and real estate to settle a state and city lawsuit over the diesel fuel contamination.
Some of the fuel has been recovered. The state sued the railroad two years ago to speed up cleanup efforts. The bulk of the settlement money will go toward removing the rest of the fuel. The state has assumed that responsibility.
City and state officials believe the diesel fuel came from a refueling station that was at the railroad’s Mandan rail yard for about three decades. The railroad still is responsible for any contamination under its rail yard, and any future leaks from that area.