OXY USA, INC. v. Cook

OPINION

JAMES T. WORTHEN, Chief Justice.

OXY USA, Inc. (“OXY”) appeals from the trial court’s judgment, entered after a jury trial, in this suit brought by Appellee Danny Cook for damages to his land. OXY raises four issues asserting that Cook does not have standing to bring suit for surface damages, OXY owes no duty to Cook, Cook’s nuisance claim is barred by limitations, and, alternatively, the trial court erred by failing to reduce Cook’s award by the amount of the settlement credit. We reverse and render.

Background

Beginning in 1930, OXY, and its predecessor, operated an oil and gas lease on…