Although the torrent of toxic tort litigation related to hydraulic fracturing that many predicted has not materialized, the first jury award for toxic tort claims relating to hydraulic fracturing operations has now been handed down. A Dallas jury found that Defendant Aruba Petroleum, Inc. intentionally interfered with homeowners’ use of their property in Fort Worth by drilling natural gas wells on neighboring property, causing personal injury and property damage. See Parr v. Aruba Petroleum, Inc., No. CC-11-01650-E (Dallas Co. Ct. at Law, jury verdict June 19, 2014). 

Aruba operated 22 natural gas wells within a two-mile radius of the home, with the closest being 791 feet away. The homeowners presented evidence that, as a result of poor management, Aruba created a private nuisance by producing air pollution and exposing the homeowners to hazardous gases, chemicals, and industrial waste. The homeowners claimed that exposure to these substances left them sick and prevented them from sleeping in their home, forcing them to live in their office. The homeowners further alleged that the value of their home was diminished as a result of the drilling.

In a 5 to 1 verdict, the jury found that Aruba did not act with malice, defeating the homeowners’ claim for punitive damages. The verdict included $2 million for past physical pain and suffering by the homeowners and their daughter, $250,000 for future physical pain and suffering, $400,000 for past mental anguish, and $275,000 for loss of market value to their property.  

The author gratefully acknowledges the assistance of Monisola O. Salaam in the preparation of this article.