Saline verdict against waste hauler | Arkansas Blog

Wednesday, October 14, 2009

Saline verdict against waste hauler

Posted By on Wed, Oct 14, 2009 at 2:46 PM

The McMath law firm has sent out a news release announcing a $1.4 million Saline County jury verdict for its clients over a 2007 explosion at a hazardous waste facility at the Fairplay community operated by an Oklahoma trucking company.


SALINE COUNTY, AR (October 14, 2009) – McMath Woods P.A., a law firm in Little Rock, recently helped eight families living in the Fairplay community in Saline County, AR achieve a $1.4 million jury verdict against Triad Transport, Inc., an Oklahoma trucking company specializing in the trucking and transfer of hazardous waste. 
The families made claims of negligence and nuisance against Triad, which moved its hazardous waste transfer facility into the Fairplay community in 1998 without regard to surrounding neighbors.  Complaints of odors and noise were common amongst neighbors.  On May 12, 2007, a significant explosion occurred causing the evacuation of area residents for more than 24 hours. 

Triad claimed it was not a nuisance and was not negligent in causing the explosion.  Evidence was introduced at trial showing Triad failed to properly segregate hazardous waste on one of its trailers, thereby causing the explosion.  A former Triad employee testified at trial she was told to shred a document she believed proved Triad was at fault in causing the explosion.

Ben Blankenship, chief of the Benton Fire Department, testified at trial there was a probability another explosion could happen, which would endanger people because of Triad’s business practices and their location, which was close to area residents.

The total verdict awarded in the Circuit Court of Saline County, Arkansas, Third Division was $1.4 million, of which $154,500 was in compensatory damages for the eight families and $1.3 million in punitive damages.  Plaintiffs were represented by Neil Chamberlin, Will Bond and Sam Ledbetter of McMath Woods P.A. in Little Rock. 

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