Court Grants Final Approval of Settlement Providing Recovery to Mattapoisett Homeowners Affected by Bouchard Oil Spill

In the agreement, Bouchard agrees to provide up to $12.375 million to settle the class claims.  The settlement payments will be made available to persons who owned the affected Mattapoisett homes on April 27, 2003 -- the date of the Bouchard Barge B120 oil spill in Buzzards Bay.  Martin Levin, lead counsel for the Plaintiffs, estimated that the recovery available for each home will range from about $1500 to, in some cases, up to $30,000, depending on such factors as the severity of the oiling and whether the affected property included a private or shared beach.  Under the agreement, eligible homeowners will have to submit a simple claim form to receive payment.  The settlement money will also be used to pay the fees and costs of the litigation, but Levin stated that these payments do not affect his estimate of the recoveries most homeowners can expect under the settlement.

The case, filed in 2004 in Plymouth County Superior Court by Mattapoisett homeowners Kim DeLeo, Frank Haggerty, and Earl Cornish, was the first environmental class action ever to be certified in Massachusetts.  At a “test case” trial that concluded in April of 2010, a 13-person jury determined that eight Mattapoisett homeowners sustained damages ranging between $1575 and $22,650 per property as a result of Bouchard’s negligence in causing the oil spill. 

“We are pleased that the Court granted preliminary approval to the proposed settlement, which we believe will provide fair compensation to Mattapoisett homeowners who suffered interference with their right to use and enjoy their beaches as a result of the oil spill,” said Levin, attorney at Stern, Shapiro, Weissberg & Garin.  “Ms. DeLeo, Mr. Haggerty, and Mr. Cornish deserve all the credit in the world for initiating this case and then seeing it through many hard-fought battles to get to this agreement.”

To be a Class Member covered by the Settlement:

• you had to have owned a residence in Mattapoisett on April 27, 2003, that included waterfront property located on Buzzards Bay that was oiled by the Spill; or

• you had to have owned a residence in Mattapoisett on April 27, 2003, that included easement rights in waterfront property located on Buzzards Bay that was oiled by the Spill. 

Excluded from the 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, and any government entity.

Please visit our website at www.buzzardsbaysettlement.com for more information.

(Photo Courtesy of NOAA)