SCRANTON — A federal jury awarded two Dimock Township couples $4.24 million Thursday after finding Cabot Oil & Gas responsible for contaminating their well water.
The decision following a 14-day trial is a huge victory for Nolen Scott Ely, his wife, Monica-Marta Ely, and Raymond and Victoria Hubert, who pursued the case for six years, rejecting a settlement offer in 2012.
The couples accused Houston-based Cabot of negligently drilling two natural gas wells near their Susquehanna County homes, contaminating their wells with high levels of methane. Cabot maintains the methane is naturally occurring.
“Oh my God! They heard! They heard!” said a tearful Leslie Lewis, attorney for the Elys and Huberts, as she hugged a supporter after exiting the courtroom at the federal courthouse in Scranton.The jury of four men and four women
deliberated for 8 1/2 hours over two days before awarding Mr. and Mrs. Ely $2.6 million and their three minor children $50,000 each. The jury awarded Mr. and Mrs. Hubert $1.4 million, while another family member was awarded $50,000.
An attorney for Cabot immediately vowed to appeal, advising U.S. Magistrate Judge Martin Carlson the company will file a motion asking him to set aside the verdict and/or grant a new trial based on Lewis’ conduct during the trial.
Attorney Jeremy Mercer said Lewis repeatedly referenced evidence that had been excluded and made comments that implied Cabot was “hiding something.”
Carlson interrupted her three times during her closing argument, admonishing her for making improper statements, he said, and that unfairly influenced the jury against the energy company.
“Without plaintiffs’ counsel’s conduct, the evidence in this case did not allow for a jury to reach the verdict it did,” Mercer said.
Lewis defended her actions. She said she was just being a zealous advocate for her clients.
“I know my conduct was appropriate,” she said following the trial. “My job as an attorney and advocate for these folks is to push the envelope.”
The Elys hugged and spoke with the jurors as they left the courthouse. None of the jurors spoke with media.
Cabot ‘surprised’
At trial, Lewis argued Cabot rushed to drill to capitalize on the natural gas boom. That resulted in defective wells that allowed methane to leak and migrate to the Elys and Huberts wells.
Cabot’s attorneys argued the evidence was woefully lacking. They noted the Elys and Huberts first noticed problems with their well water in the summer of 2008. Cabot did not start to drill the wells until Sept. 25, 2008. Cabot also argued the couples failed to provide any evidence to show a pathway existed underground for the gas to reach their wells.
“Cabot is surprised at the jury’s verdict given the lack of evidence provided by plaintiffs,” George Stark,spokesman for Cabot, said in a prepared statement. “The verdict disregards overwhelming scientific and factual evidence that Cabot acted as a prudent operator in conducting its operations.”
Speaking after the trial, Lewis said she was concerned the Elys and Huberts would lose as several pre-trial rulings severely limited the evidence she could present.
The first blow came in January, when U.S. District Judge John Jones dismissed their claims for breach of contract, fraud and personal injury, finding insufficient evidence.
Lewis suffered several other setbacks. Carlson, who presided over the trial, precluded her from presenting more than 300 exhibits because she did not provide them to the defense until a few weeks before trial. On Monday, Carlson ruled the Elys could not recoup damages for a loss in property value because they did not present any reports that showed the value of their home prior to and after the contamination occurred.
The only claim that remained at trial was for “private nuisance.” To prevail on a nuisance claim, the couples had to prove Cabot’s negligence in drilling caused their water problems and that the conduct caused them significant discomfort and inconvenience.
“I had a very poor forecast for these plaintiffs,” Lewis said as she stood with her clients outside the courthouse. “I had to convince all eight jurors on the limited evidence I was going to be able to put forth.”
Ely: Not about money
His eyes welled with tears, Ely said he was determined to see the case through, no matter what.
“It wasn’t about the money,” Ely said. “They did something wrong. We were voicing ourselves and standing up for our rights. We walked into that courtroom with our head highs. No matter what happened, I was going to walk out of the courtroom with my head high.”
The Elys and Huberts were among 44 Dimock Township residents who sued Cabot in 2009. The company settled that suit with 40 of the plaintiffs in 2012, but the Elys and Huberts rejected the deal. Their attorney withdrew from the case after the settlement. The two couples represented themselves for years before Ms. Lewis took the case.
“This was not an easy trip,” Ely said. “There were a lot of ups and downs and a lot of things we had to tackle. It was quite the battle but, as you heard today, we are at the end.”
Lewis said she worked on the case for more than a year and has “not received a dime” so far. She took the case on a contingency basis, knowing that meant she would not get paid if Cabot prevailed. She said she promised the Elys and Huberts she’d stick with them.
“We started this. I’m going to finish it with you, whatever comes out with respect to money,” she said.
Whether or not the verdict will stand remains to be seen. Lewis said she anticipates an appeal.
“Do I feel confident? Based on what’s gone down over the past 6½ years, I don’t know,” she said.
“At this point in time there could not have been a better outcome. The entire community should applaud themselves, the Elys and Huberts for standing up and saying ... enough is enough.”