BP Verdict For Toxic Exposure Reduced by $100 Million
Yesterday, the federal judge that presided over the Garner v. BP trial issued a memorandum opinion and final judgment in which he ruled that gross negligence was not proven by clear and convincing evidence by plaintiffs as a matter of law. Judge Kenneth Hoyt’s opinion set aside all exemplary damages awarded by the jury in the first trial of ten plaintiffs that claimed injuries as a result of chemical release in 2007. Judge Hoyt’s opinion stated that plaintiffs failed to satisfy the objective test for gross negligence which requires a showing of an extreme risk of harm – “one that involves both high probability and high potential severity” of an occurrence. In addition, plaintiffs failed to demonstrate the requisite specific intent that showed BP ignored an obvious or known risk and took no precautions that would minimize or arrest the harm anticipated. According to Judge Hoyt, BP had implemented safety precautions which included monitors on workers and at various locations on the plant to detect the presence of toxic chemicals.
The judgment found that BP was responsible for the chemical release and permitted plaintiffs to recover actual damages which totaled $340,659.77.
Plaintiffs’ counsel Tony Buzbee told the Houston Chronicle that the first trial was “just a skirmish in the war.” Over 130 plaintiffs have pending claims in this litigation which remain to be tried.
