Plaintiffs, Chevron reach settlement

Published 5:00 am Monday, June 16, 2003

Approximately 800 plaintiffs in a lawsuit over alleged oil fieldcontamination by Chevron should soon receive checks for theirportion of a $5.5 million settlement following a Friday hearing inLincoln County Circuit Court.

For settling plaintiffs, Friday’s court action ends almost 10years of litigation over health fears and allegations of radiationand contamination during Chevron’s oil exploration and recoveryoperations in the Brookhaven Oil Field. Tom Billick, one of severalattorneys representing more than 1,000 plaintiffs, said the lawsuitwas a long hard battle.

“I’m glad we were able to get something on behalf of thesepeople,” said Billick, adding that the checks should be sent outwithin the next 30 days.

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Billick did not disclose any dollar amounts that plaintiffswould receive, saying those totals were covered by attorney-clientprivilege. Amounts were determined by a “matrix” involving propertyownership and personal injury aspects of individual cases.

Bobby Meadows, the lead attorney representing Chevron, said itwas a “fair settlement.” Throughout the litigation, Chevron hasmaintained that the company’s activities did not produce anyradiation beyond what is naturally occurring in the soil andMeadows reasserted that Friday.

“That’s good, safe property,” Meadows said following thehearing.

The settlement required that 80 percent of plaintiffs, including85 percent of property owners, agree. Billick said those totalswere met.

“Just about everybody took the settlement,” Billick said.

Approximately 200 plaintiffs, however, did not. Threenon-settling plaintiffs who appeared for Friday’s hearing werestrongly urged by Starrett and Billick to accept the offer.

“This is probably the last chance you’re going to get to get anymoney in this case,” Billick said.

After the settlement agreement was entered into record, Billickand other attorneys were allowed to withdraw from the case.Starrett then set a scheduling order and a 30-day period fornon-settling plaintiffs to either get a new attorney or declarethat they will represent themselves.

“Unless these deadlines are promptly complied with, these caseswill be dismissed,” Starrett warned.

Bob Allen, another of Chevron’s attorneys, said attorneys aregetting ready for the next phase should it materialize.

“We will be preparing to diligently defend it,” Allen said.

Loyd Star resident Carolyn Beard Humphries, who did not acceptthe lawsuit offer, said the settlement process was not done fairly.She said some people had lived 50 years or more on theirproperty.

Humphries said she and husband were offered about $7,000combined to settle. Others, though, were offered far less.

“Some people were offered as low as $2.30,” Humphries said. “Howcan you say that is fair?”

Johnnie B. Magee, who rented property in Loyd Star for about sixyears in the 1960s with his family, also did not settle. Magee, whonow lives in Hammond, La., said he was offered $400.

“This ain’t fair,” Magee said. “There’s no telling what happenedto me.”

For some others in the courtroom Friday, one questionremained.

“Do we drink the water?,” asked the Rev. John Jenkins, who isamong the estimated 800 who accepted the settlement offer.

Although the lawsuit was settled, Starrett said, the attorneyson the two sides of the case still did not agree on thecontamination issue. However, the judge cited a lack of evidencethat any health problems were caused by the oil activity.

“Nobody was able to prove by any medical evidence that anyonegot sick,” Starrett said.

Some in the audience were not convinced. They alluded tolingering water quality concerns.

“I skim my tea every night,” said resident Dorothy Smith, whoalso had some questions about her husband and children beingallowed to participate in the settlement.

Meadows and Allen said an on-going oil field clean-up operationwas not part of the settlement but was started by Chevron earlierin the litigation process. The field remediation plan, they said,was approved by the Mississippi Oil and Gas Board.