Montgomery County Jury Awards $480,000.00 In Single-Family Oil Spill Case

On February 14, 2004, a heating oil delivery truck arrived at the home of Sandor and Maria Palinkas in Wyncote, Pennsylvania.  Unfortunately, the Palinkases were not customers of the driver's company, and did not have an oil tank.  The driver nevertheless found a long-abandoned fill pipe on the outside of the home, and pumped at least 60 gallons of no. 2 heating oil directly into the basement.

The spill resulted in substantial damage to property the Palinkases had stored in the basement, including hundreds of compact discs and LP records Sandor Palinkas had collected over many years.  Although the oil company conducted a remediation of the spill -- including the excavation and replacement of 40 tons of contaminated soil beneath the basement slab -- it did not compensate plaintiffs for the loss of the music collection, or for the "annoyance, inconvenience and disturbance" the Palinkases suffered as a result of the spill and its aftermath, including months of suffering through persistent petroleum odors in their home.

Six years later, the Palinkases finally got their day in court.  On February 24, 2010, after a three-day trial conducted by WCB partners Jerry Williams and Beth Cole, the jury returned a verdict of $480,000.00 in Palinkas v. Petro Holdings, Inc., CCP Montgomery County No. 04-31660.  Plaintiffs have filed a motion under Pa. R.C.P. no. 238 for "delay damages", which will result in a judgment in the total amount of $628,790.00.

The misdelivery of heating oil at residential properties is a widespread problem, often made worse by oil company policies which encourage drivers to pump as much oil as possible, as quickly as possible.  The Palinkases are among several oil spill plaintiffs Williams Cuker Berezofsky has represented in recent years.  In 2009, WCB partner Williams obtained a substantial six figure award in binding arbitration for a family who was evacuated from their home for elevent months as a result of another spill.