Dimock water case: Jury awards millions to families

BY STACI WILSON

A federal jury awarded two Dimock families over $4 million in damages after finding Cabot Oil & Gas Co. was negligent in its drilling of nearby wells. The jury, which began deliberations Wednesday afternoon, returned its verdict just after 11 a.m. on Thursday in Middle District Court in Scranton.

The eight-member jury found Cabot created a private nuisance by contaminating water wells on the Ely and Hubert properties along Carter Road in Dimock Twp. and depriving the property owners from full enjoyment of their properties. The plaintiffs claimed that nearby drilling made their water undrinkable and they had to transport water for water buffaloes to serve their home.

The jury awarded Scott Ely and his wife, Monica Marta Ely, both $1.3 million; and their three children were each awarded $50,000 in damages. Raymond Hubert and his wife, Victoria, were each awarded $720,000. Their child was also awarded $50,000.

After the jury was excused from the courtroom, Cabot’s attorney told U.S. Magistrate Judge Martin Carlson that they planned to appeal the verdict, based on what they alleged as “misconduct” throughout the trial by Leslie Lewis, the attorney representing the Ely and Hubert families in the case. Speaking to the court, Cabot attorney Jeremy Mercer said Lewis had repeatedly mentioned evidence that had been excluded from the case. He estimated Lewis had been interrupted by the court three times during her closing arguments and her closing contained speculation that was not in evidence. He also said the Cabot’s objections, which resulted in numerous sidebars, served to make it appear that the company was “hiding something.”

The judge acknowledged the oral motions made by Cabot, and noted written motions needed to be filed in the next 28 days.
Following the verdict, a tearful Scott Ely said the seven-year battle with the drilling company had been a long haul. “We were going up against an extraordinary industry,” Ely said. “I hope it lets people know to stand strong and stand tall. People shouldn’t be afraid to stand up for their rights. We stood by our truth and that was it.”

Outside the courthouse, Ray Hubert said he felt “vindicated” by the jury’s verdict. “We were up against a lot of odds. I’m glad it’s over for now. Now we’re in the right,” he said.

Cabot released the following statement: “Cabot is surprised at the jury’s verdict given the lack of evidence provided by the plaintiffs in support of their nuisance claim. The verdict disregards overwhelming scientific and factual evidence that Cabot acted as a prudent operator in conducting its operations. Cabot will be filing motions with the Court to set the verdict aside based upon lack of evidence as well as conduct of plaintiff’s counsel calculated to deprive Cabot of a fair trial.”