Cook v. DeSoto Fuels, Inc.

DeSoto Fuels, Inc. (DeSoto) (defendant) operated a gas station on property containing underground storage tanks of gasoline. At some point, a leak allegedly developed in one or more of the tanks, contaminating the groundwater on the nearby property of Claude and Mary Jeanne Cook (plaintiffs). The Cooks had two wells on their property. In or around 1993, Claude and one of the Cooks’ tenants observed a strong gasoline odor coming from the well water. The state department of natural resources tested the well water and detected contaminants. In 1994, the department continued testing the wells, and the results indicated pollution. Likewise, the Cooks drilled a new well, which became quickly contaminated. On March 8, 1996, the department issued a final report, which described the contaminated well water and identified four potentially responsible parties, including DeSoto. In 2000, the Cooks tried to sell their property, but the deal failed when the prospective buyer detected an unacceptable level of groundwater contamination on the property. The Cooks retained counsel and, on March 30, 2001, filed a suit against DeSoto and two other defendants, claiming trespass and nuisance from the chemical contamination. The court granted summary judgment in favor of DeSoto based on applying a five-year statute of limitations for trespass and permanent nuisance. The Cooks appealed.