Thomas, Thomas & Hafer, LLP

Defense Verdict in General Liability Case

Corey J. Adamson, an associate in the Harrisburg office, recently secured a defense verdict in a jury trial before Judge John F. Cherry in Dauphin County.

Attorney Adamson represented an oil company in a case involving a significant spill of oil from an oil tank, which involved soil removal remediation and DEP involvement.

Plaintiff was the owner of a mobile park home. The oil company made a delivery to a tenant of the park (also a named Defendant), and sometime after the delivery was made to the tenant's oil tank, the bricks underneath the tank shifted and sunk into the ground, causing the tank to partially tip.

In the course of tipping over, a valve on the bottom of the tank was caused to break and allowed oil to spill out onto the property. The area where the oil spilled included an underground pipe that acted as a conduit for the oil, allowing it to travel into a nearby waterway in addition to seeping into the ground.

The DEP held Plaintiff responsible for the cleanup, and he sought recovery from the oil company and the tenant.

Jury unanimously found insured was not negligent.