Judge throws out jury settlement in civil suit
by By Mark Engebretson -- MediaNews Service
(Posted 9/1/2009 02:25 pm)
After almost nine months following a jury’s decision in a civil case in Stephens County, 90th District Judge Stephen Crawford ruled against plaintiffs in a civil suit filed against BASA Resources.
The suit was filed in Stephens County by Dean and Debby Smith in regards to a salt water and oil spill on their property in 2007.
In December, the case went to trial and the jury noted the Smiths should be awarded $74,700 in damages, yet Crawford ruled the Smiths should get nothing and ordered they pay court costs.
Attorney Pete Vermillion, representing the Smiths, said Mike Foster, president of BASA, admitted on the stand that the Smiths’ property had been damaged and the only argument was how much compensation should be paid.
Based upon that testimony and other issues, Vermillion filed a motion with the court to set aside the verdict and also asked for a re-trial. Crawford denied each and every request.
Court records show that jury members completed a questionnaire and found BASA was not negligent in regards to the spill, but jurors noted the Smiths should be awarded the $74,700, something Crawford did not do.
The jury was required to answer 10 questions regarding the allegations against BASA. The 10th question was to enter the difference in the property value before the spill and after. The figure entered was zero.
“We felt the jury disregarded the evidence,” said Vermillion. “The judge’s role is to fix that, he can set aside the decision.”
And the attorney said some jury members did not fully disclose their ties to the defendant in the case, BASA. He said the jury foreman’s company had joint operations with BASA and another was receiving child support from one of BASA’s attorneys. He also said closing arguments from defense attorney David Wimberley were inappropriate and “incurable.”
“It had zero to do with oil and gas,” he said of Wimberley’s closing argument.
“We represent more oil companies than land owners,” Vermillion added. “This spill could have been prevented. They didn’t report it. The spill was over 1,000 barrels of salt water. It really puts land owners in a tough position.”
Attorney Kathleen McCulloch, of Kerr & McCulloch in Midland, one of the attorneys representing BASA, declined to comment on the case.
by By Mark Engebretson -- MediaNews Service
(Posted 9/1/2009 02:25 pm)
After almost nine months following a jury’s decision in a civil case in Stephens County, 90th District Judge Stephen Crawford ruled against plaintiffs in a civil suit filed against BASA Resources.
The suit was filed in Stephens County by Dean and Debby Smith in regards to a salt water and oil spill on their property in 2007.
In December, the case went to trial and the jury noted the Smiths should be awarded $74,700 in damages, yet Crawford ruled the Smiths should get nothing and ordered they pay court costs.
Attorney Pete Vermillion, representing the Smiths, said Mike Foster, president of BASA, admitted on the stand that the Smiths’ property had been damaged and the only argument was how much compensation should be paid.
Based upon that testimony and other issues, Vermillion filed a motion with the court to set aside the verdict and also asked for a re-trial. Crawford denied each and every request.
Court records show that jury members completed a questionnaire and found BASA was not negligent in regards to the spill, but jurors noted the Smiths should be awarded the $74,700, something Crawford did not do.
The jury was required to answer 10 questions regarding the allegations against BASA. The 10th question was to enter the difference in the property value before the spill and after. The figure entered was zero.
“We felt the jury disregarded the evidence,” said Vermillion. “The judge’s role is to fix that, he can set aside the decision.”
And the attorney said some jury members did not fully disclose their ties to the defendant in the case, BASA. He said the jury foreman’s company had joint operations with BASA and another was receiving child support from one of BASA’s attorneys. He also said closing arguments from defense attorney David Wimberley were inappropriate and “incurable.”
“It had zero to do with oil and gas,” he said of Wimberley’s closing argument.
“We represent more oil companies than land owners,” Vermillion added. “This spill could have been prevented. They didn’t report it. The spill was over 1,000 barrels of salt water. It really puts land owners in a tough position.”
Attorney Kathleen McCulloch, of Kerr & McCulloch in Midland, one of the attorneys representing BASA, declined to comment on the case.
