In re Methyl Tertiary Butyl Ether “MTBE” Products Liability Litigation

Methyl tertiary butyl ether (MTBE) is a gasoline additive that dissolves easily in water and, as a result, is more likely to contaminate groundwater than other gasoline additives. Some scientists consider MTBE to be a toxic substance, citing animal studies that have indicated MTBE can cause cancer. This claim is disputed; other scientists contest the link between cancer and MTBE exposure. Sunoco and ExxonMobil (collectively, the gas companies) (defendants) used MTBE as a gasoline additive at their gas stations in the small town of Fort Montgomery, New York. In 2000 testing revealed MTBE had contaminated nearly 50 private residential wells in the area. Residents and business owners (collectively, the exposed individuals) (plaintiffs) who lived near the two gas stations brought strict products-liability and negligence claims against the gas companies for the negligent infliction of emotional distress. The exposed individuals feared they would develop cancer and other health problems due to bathing, drinking, cooking, and cleaning with MTBE-contaminated well water. The exposed individuals contended their worries about developing cancer manifested in various physical symptoms, including migraines, anxiety, insomnia, and immune-system deficiencies. The exposed individuals provided expert testimony that they suffered subcellular damage as a result of MTBE exposure. The gas companies filed a motion for summary judgment, contending that the exposed individuals could not recover because the individuals had not developed cancer and did not suffer from any symptoms related to MTBE exposure.