Facing Overwhelming Odds
Image by Marine Photo Bank
More than a decade has passed since an oil pipeline owned by PEPCO ruptured causing an estimated 126,000 gallons of oil to be spilled near the base of Swann’s Creek, a Patuxent River tributary. The discharge contaminated 17 miles of the Patuxent shoreline and the river was closed to commercial and recreational fishing. Hundreds of homeowners had oil washed onto their property.
While the disaster and its incumbent acrimony grew the individuals impacted initially saw the problem as beyond their ability to fight. Some had hired Leonardtown attorney A. Shane Mattingly. Mr. Mattingly quickly sought to add his clients to a larger class-action suit arising from the disaster. The effective representation ultimately delivered a successful result for his clients.
As Mr. Mattingly recalls that case more than a decade after the April 2000 spill, he described the handling of the case requiring the coordination and cooperation among dozens of plaintiffs’ lawyers and their respective talents.
Ultimately, the defense team successfully resolved the suit with the defendants agreeing to pay $2.25 million in damages to the plaintiffs.
Among the substantive issues of the litigation was the immediate need for a primary investigation to establish factual evidence that property owners and watermen suffered actual economic damage
Mr. Mattingly recalls the “tremendous tactical and strategic challenges” in preparing the case, which involved identifying thousands of potential plaintiffs, and researching complex legal, economic and environmental issues.
As is often the case with class action suits, Mr. Mattingly said the defendants had “deep pockets and a very determined and clever legal team.”
Mr. Mattingly estimated “a total exceeding $300,000 was expended in pursuit of a reasonable end result for our clients.” This is barely 13% of what the plaintiffs were awarded.
