By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
ANOTHER Marathon resident has filed a lawsuit against Rubis Bahamas and the former operator of the service station at Robinson and Old Trail Roads.
Accusing the defendants of negligence or nuisance for the underground gas leak, Kenrick Evans, of Isabella Road, filed his writ of summons in the Supreme Court on Wednesday.
The suit follows the release of an independent report into the 12,000-gallon spill that was reportedly discovered by former operator Fiorente Management in December 2012, according to the BEST Commission, but not reported to station owner Rubis until January 2013.
According to the report completed by Black and Veatch, and turned over to the government in February 2014, tests for groundwater contamination at Mr Evans’ home indicated that concentrations of benzene, a cancer-causing compound found in gasoline, were above acceptable screening levels in the United States.
The Evans’ residence was tested in May 2013 and was said to contain 69 micrograms per litre of benzene, according to the report. The United States Environmental Protection Agency’s target screening level is 0.39 micrograms per litre.
Mr Evans spoke out about his health fears in an interview with The Tribune last October.
Since 2013, he said, Rubis Bahamas has rented a portion of his backyard to operate a solid vapour extraction system as part of its remediation efforts to clean up ground water.
During a tour of his home, he showed The Tribune what he alleged to be test wells that had been drilled inside his home, one in his dining room and another in his mother’s bedroom. Devices were also left in his home overnight to measure fumes, he said; however, when he enquired about the tests he was told that everything was fine.
Mr Evans said his mother died of cancer in 2013.
According to the writ, he is seeking damages for personal injuries sustained, or likely to be sustained, and damage caused to his land and property as a result of the gasoline leak.
Mr Evan’s residence is adjacent to Marathon residents Adrianne and Richard Munroe, who have also taken legal action against Rubis and Fiorente Management.
Comments
GrassRoot 9 years, 6 months ago
Albeit you will not win this case due to the corrupt political and judicial system in the Bahamas, I congratulate you to this step. I wish you and your family all the best, good health and may you get all the money you need to reestablish the health of you and your family.
Economist 9 years, 6 months ago
Well done! The government was counting on the fact that most Bahamians will just rollover and take it now there are three cases before the courts and everyone is going to be asking the government for documents.
You and the other two plaintiffs will cause the truth to be told.
And yes, you may have to go to the Privy Council, but I believe that you will win.
ThisIsOurs 9 years, 6 months ago
Why is he still living there?? Does Rubis have no decency? Couldn't they have moved him into some other accommodations? I don't know how wide these wells are or how high the structure is above the floor, but those houses aren't that big. Can anyone imagine living with a well in your dining room or bedroom for years?? Can you live with the constant intrusion of strangers in your personal space?
There are other people in the area who died of cancer as well. Who knows if they're related, it's frightening to think the government did not investigate this further while peoples loved ones were dying.i wonder how many funerals Jerome Fitzgerald attended with his lips buttoned up.
EnoughIsEnough 9 years, 6 months ago
your mistake is in putting forward an individual lawsuit. individuals can be brushed over. you should all be coming together as a community and filing a class action lawsuit. there is power in numbers.
ted4bz 9 years, 6 months ago
Check the history of oil spills in every civilize country (noncorrupt) it is the government who plays the first cards on behaft of its communities damaged by energy giants. And usually the energy giants respond with offers without a fight. Only after that if residents are not pleased with the offers do the individuals in the community file lawsuits for better offers.
From what I have seen it does not matter what the facts and evidence Are that are presented, it's going to take much more than that. Fighting these energy giants who are well protected by armies of rich attorneys, very wealthy law and PR firms, political friends and lobbiest supplied with warehouses of cash and tricks.
The people must unite and the government must assist, no one can do this by themselves unless they are will to accept what is offered down the road (even without a fight) or go bankrupted and alone. Unite Marathon.
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