$4.5 Million Settlement Reached for 2013 Kootenay Creek Fuel Spill Class Action Lawsuit
A class action lawsuit has been settled for damages stemming from a significant 2013 fuel spill in British Columbia’s Slocan Valley. The settlement involves the payment of $4.5 million by four defendants, providing potential compensation for over 2,700 affected residents.
David Rosenberg, class counsel for the lawsuit’s representative plaintiffs, highlights the long journey to reach this settlement, which has been ongoing for 11 years. He emphasizes that the plaintiffs, Robert Kirk and James Ross, are pleased with the outcome and acknowledges the hard-fought nature of the litigation.
The fuel spill occurred in July 2013 when a tanker truck carrying 35,000 liters of fuel overturned into Lemon Creek, resulting in mass evacuations and a “do not drink” water order due to health and safety concerns. The spill led to environmental damage, including the contamination of the river and reports of personal injuries among residents.
Following the spill, cleanup efforts cost the province over $4 million, and legal actions were taken against the truck driver, fuel company, and provincial government. The court ruled that the spill constituted an “environmental disaster,” leading to convictions and fines for those involved.
The settlement of the class action lawsuit is considered significant, setting a precedent for personal injury claims in environmental disasters. It is expected that affected residents within the evacuation zone will be able to claim compensation based on the damages incurred.
Approval of the settlement by a judge is pending, with plans to establish a process for notification and registration before compensation can be distributed. This settlement represents a step towards addressing the consequences of the Lemon Creek fuel spill and providing relief to affected individuals.
