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ARTICLE ID 37344

$________ Negligent delivery of home heating fuel - Oil spill on plaintiffs' property - Cost of remediation sought.

Montgomery County

The plaintiff homeowners brought this action against the defendant oil delivery service alleging that the defendant negligently spilled home heating oil onto the plaintiffs’ property. The defendant admitted negligence at the time of trial, but disputed the extent of the spill on the plaintiff’s property and the cost required for remediation.

The plaintiffs claimed that some ________ gallons of domestic fuel oil was spilled onto their side yard by the defendant’s delivery truck. The plaintiff submitted photographs depicting an area of their property which was dug out to the foundation in order to remove the contaminated soil.

The defendant maintained that only 25 gallons of oil had spilled onto the plaintiffs’ land. The defense contended that the spill could be cleaned for less than was alleged by the plaintiff.

The jury found for the plaintiff in the amount of $________.

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