Case Evaluation

Toxic Torts Verdicts: Abernathy v. MOPAC

Abernathy v. MOPAC

Date: June, 1988

RESULT: $ 3,000,000 settlement, reached after the trial judge determined that damages could be recovered for the increased risk of cancer and the cost of medical monitoring.

STATE: Arkansas

SUMMARY: On December 31, 1984, at approximately 2:00 a.m., a tank car loaded with ethylene oxide from Union Carbide began leaking in the Missouri Pacific Railroad Company's "hump" yard in North Little Rock, Arkansas. Before the leak ended, the tank lost approximately 5,000 gallons of ethylene oxide.

An action against the manufacturer and transporter of the toxic chemicals was brought by a class of approximately 1500 residents who lived in an area within a one mile radius of the spill. Plaintiffs alleged that defendants were negligent in failing to evacuate plaintiffs from the area until 14 hours after the accident. It was also alleged that the tank car was "humped" at too high a speed and that the car was defective.

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