McBarron v. Arena

Introduction

This case involves a release of gasoline from the defendants’ gas station in the late 1970’s. Plaintiffs allege that the release, which defendants do not contest, has resulted in damage to their property and personal injury to themselves. The plaintiffs have lived across the street from the defendants’ gasoline station since 1971.

In 1986, the Department of Environmental Quality and Engineering (DEQE)3 was notified of and investigated gasoline odor under the roadway in front of the plaintiffs’ house. The plaintiffs were notified in 1988 that the release had migrated and may have…