(The following article by Gordon Weixel was posted on the Bismarck Tribune website on April 26.)
BISMARCK, N.D. — A final settlement of $3,990,000 will be paid by BNSF Railway in the civil case of those claiming property damage and personal injury resulting from Mandan diesel fuel contamination.
Plaintiff attorney Bill Delmore noted that a jury had awarded $2,090,000 to property owners last October. The additional award will go toward trial expenses and interest incurred by the plaintiffs and their attorneys.
“We had been willing to argue for this money since the jury had found in our favor,” Delmore said. “The additional money will be for legal expenses such as bringing in expert witnesses and interest on the money spent by the plaintiffs.”
A separate judgment was determined for each of the 52 claims under the ruling. A 53rd plaintiff refused to sign the agreement and the case is being handled separately on its own merits.
Property damage claims ranged from $50,000 to $326,000, with most of the claims from $80,000 to $90,000. The personal injury awards ranged from $22,500 to $32,800.
In the jury decision, BNSF was found 90 percent to 95 percent liable in the property damage cases, but only 51 percent liable in the personal injury cases.
“The people receiving property damages felt the awards were adequate, but those receiving personal injury compensation were very disappointed,” Delmore said.
Last year, the state health department was awarded $24 million from BNSF for remediation of the area affected by diesel fuel contamination stretching back over decades. Delmore said that case may have had some bearing on his clients’ award. “But we were definitely disappointed we weren’t at the table in those negotiations,” he said.
The awards for property damage cover costs incurred for damages. Property owners still hold ownership of those properties and can sell them. Recently, the Mandan City Commission approved the purchase of several downtown properties within the contamination plume. The city is reimbursed by the Remediation Trust for those costs.
The civil settlement brings to an end a case that got its start in 1998, according to Delmore. Those agreeing to the settlement also have agreed not to appeal the jury decision.
BNSF couldn’t be reached for comment.