Guy is lead counsel in the case of BSK Enterprises vs. Beroth Oil Company. The case involves the petroleum contamination of BSK’s groundwater caused by leaking underground storage tanks owned by Beroth Oil. Guy and Doug, along with Mark Fogel, tried the case in Winston-Salem last year. The jury returned a verdict for BSK of $1.5 million to clean up the BSK property. The judge reduced the jury award to $108,500.00, the amount the jury determined the BSK property had been reduced in value by the contamination. Guy appealed. The issue to be decided by the court is what is the proper measure of damages in a groundwater contamination case when the cost to clean up the property greatly exceeds the diminished value of the property. This is a case of first impression in North Carolina. That means this particular issue has not yet been decided by our courts.
We should have a decision within the next several months. The decision will impact property owners all over our state. Good luck to Guy, his client and legal team.