The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

FOLLOWING reports that their private well was found to contain elevated levels of cancer-causing chemicals from an underground gasoline leak in 2012, a Marathon family has filed a statement of claim in their lawsuit against Rubis Bahamas and the former operator of the service station at Robinson and Old Trail Roads.

In addition to general damages for past and future pain, injury and suffering, Adrianne and Richard Munroe are seeking an estimated $119,000 for damage to property and expenses related to the use of their residence for remediation of the unleaded fuel.

The couple has reportedly suffered from eye and skin irritation, dizziness, headaches and sinus inflammation, according to a statement of claim filed on Wednesday.

“As a result of the gasoline leak and the escape of gasoline into the ground and into the groundwater supply,” the claim read, “Mr and Mrs Munroe and their daughter have been exposed to contaminated water which they used on a daily basis for cooking, cleaning, washing, and drinking, and continue to be exposed to noxious, offensive and toxic vapours.”

It continued: “Rubis and or Fiorente (the former operator) knew or ought to have known and/or had the means of knowing of the gasoline leak and/or the effects of the same since, or shortly after, the date on which the gasoline leak occurred.

“As such, Rubis and Fiorente ought to have foreseen the damage caused to local residents and/or neighbouring landowners.”

The statement of claim accused the defendants of failing to notify the community or evacuate local residents despite knowledge of the gasoline leak and the potential risk to public health.

It said that the contamination of Mr and Mrs Munroe’s land and ground water supply and the discharge of hydrocarbon vapours into their home at 1 Grace Avenue was caused by Rubis’ and/or Fiorente’s negligence and resulted in a nuisance caused or permitted by either defendant.

According to the BEST Commission, the fuel release of 12,000 gallons of unleaded gasoline was observed in late December 2012 by operator Fiorente Management, and reported to Rubis on January 19, 2013.

Last week, the government released a 2014 independent report prepared by Black and Veach International, who found that area residents were possibly exposed to harmful chemicals.

“As a consequence of exposure to the carcinogenic hydrocarbon vapours (including benzene), Mr and Mrs Munroe are at risk of developing inter alia: leukemia; aplastic anaemia; chromosomal aberrations; non-Hodgkin’s lymphoma; multiple myeloma; tumours,” the plaintiff’s statement of claim said.

“Mr and Mrs Munroe have experienced anxiety as a result of the increased risk to their health and the health of their family members.”

It continued: “Rubis and/or (former operator) Fiorente Management caused a nuisance, by causing a gasoline leak, which endangered the life, health, property and comfort of the neighbouring public. To date, Rubis and/or Fiorente have negligently and/or otherwise failed to establish an effective remediation plan and/or to decontaminate the water supply and/or ground in the area surrounding the station, including the land on which Mr and Mrs Munroe’s property is situated.”

It was also claimed that the storage of gasoline at the station constituted a non-natural use of land.

Among the particulars of special damages are: structural damage to the home and garden caused by drilling on the property and the installation of piping for the extraction system; damage to plumbing fixtures; and costs to access the home for monitoring and sampling, and for the relocation of the family during home repairs.

It was noted that Rubis is credited for the continued payment of the Munroe’s water bill, the replacement of their contaminated and corroded water tank, water heater and washing machine, and the installation of a water filtration system that was purchased by the family.

Rubis Bahamas is also in the middle of a legal battle with Cable Bahamas. The company has a building adjacent to the gas station.

Cable Bahamas is suing Rubis and Fiorente Management for up to $15m in damages, alleging that their “negligence” resulted in its property, mainly its customer service building, being contaminated by the 2012 leak.

Rubis and Fiorente Management are both resisting Cable Bahamas’ efforts to obtain a summary judgment against them, and have blamed each other for the massive gasoline leak that sparked the initial claim.