SSWG Wins First Trial Against Bouchard in Class Action Regarding Buzzard's Bay Oil Spill

Stern, Shapiro, Weissberg & Garin are Class Counsel in a class action filed by three Mattapoisett homeowners against Bouchard Transportation, Inc., seeking damages for pollution of their property from the 2003 oil spill in Buzzard's Bay. The lawsuit was filed in Plymouth County Superior Court on September 29, 2004. The suit alleges that, as a result of negligence on the part of Bouchard, its subsidiaries and employees, thousands of gallons of No. 6 oil were spilled into the Bay, damaging the properties of the plaintiffs and other Mattapoisett homeowners.

The lawsuit seeks damages on behalf of all Mattapoisett homeowners whose residential properties were affected by the spill.  The Class includes both residential property owners who owned a beach in fee at the time of the spill, and also owners of residential properties that include beach rights.  In April, 2010, the first phase of trial proceedings resulted in a jury verdict awarding damages to eight Class members with homes in the Brandt Beach, Leisure Shores, Shell Beach, Crescent Beach, Pease’s Point, and Harbor Beach subdivisions, as well as shorefront homes in the inner harbor and Cedars waterfront areas of Mattapoisett.  The awarded damages range from $3,600 to $45,300 after being doubled in accordance with state law. In addition, the plaintiffs will receive 12 percent annual interest going back to the filing date of the lawsuit in September 2004. The claims of these eight Class members were chosen for this first trial pursuant to a selection process ordered by the Court. 

The claims of Class members not considered at the first trial will be considered during later proceedings. This may include additional trials or, if a fair and reasonable settlement can be reached, court review of that settlement. In either case, notice will be published to the Class before any outcome becomes final.

Finally, there is a separate, federal action that has reached a settlement, subject to final approval by the federal court. This action was filed several years ago on behalf of homeowners outside of Mattapoisett, who are not included in the state court class action. SSWG does not represent the homeowners in the federal action, and that action was settled before reaching the more advanced stage of the state action.

To be a member of the Class, you must have owned the affected property on April 27, 2003 (the date of the spill).  Members of the Class have been defined by the Court as follows:

All persons who, as of April 27, 2003, had an interest in residential real property located in the Town of Mattapoisett, Massachusetts, which property allegedly was damaged as the result of the negligent operations of the Tug Evening Tide and oil being released or discharged from the barge B-120 into Buzzards Bay, which release or discharge commenced on April 27, 2003, and/or from the subsequent effort to clean-up said release or discharge.  Excluded from this class are the defendants, any subsidiary thereof, their officers and directors as well as any judge presiding over this matter at any time and any of the judge’s family members.

In 2009, the Court ordered that a Notice of Class Action be sent to those persons who have been identified as possible members of the Class.  The Notice includes a brief Questionnaire that all Class members are urged to complete and return to Class Counsel.    If you have not received the Notice, and you believe yourself to be a member of the Class, you can click here to obtain a downloadable copy of the Notice of Class Action and Questionnaire. Please mail the completed Questionnaire as soon as possible to Stern, Shapiro, Weissberg & Garin.

If you have any questions about this case, or wish to provide information in support of a claim for compensation, please contact Class Counsel by clicking here to send the Class Action Inquiry. Please do not contact the Court.

Recent Decisions [downloads]

Court Decision granting Plaintiffs' Motion for Partial Summary Judgment, and on Plaintiffs' Offer of Proof on Damages [PDF]

Court Decision denying Defendants' Motion for Summary Judgment [PDF]

Court Decision certifying Plaintiff Class of Mattapoisett homeowners [PDF]

(Photo Courtesy of NOAA)

Links on this Site

• Background on Buzzards Bay Oil Spill
• Frequently Asked Questions
• Buzzards Bay Oil Spill Class Action Inquiry

Important External Links

• Buzzards Bay Project National Estuary Program
• NOAA Injury Assessment of the Buzzards bay Oil Spill

Recent Decisions [downloads]

• Court Decision granting Plaintiffs' Motion for Partial Summary Judgment, and on Plaintiffs' Offer of Proof on Damages [PDF]
• Court Decision denying Defendants' Motion for Summary Judgment [PDF]
• Court Decision certifying Plaintiff Class of Mattapoisett homeowners [PDF]
• Court Maritime Decision [PDF]