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LAWSUITS NEWS & LEGAL INFORMATION

Asphalt Spill

Waco, TX: (Oct-02-07) Ergon Asphalt and Emulsions Inc. brought a lawsuit against Eagle Systems Inc., regarding a dispute in which 26,000 gallons of asphalt was spilled into the Brazos River. Ergon hired Eagle Systems to respond to any suspicious or unusual activity at their plant at 1820 S. Loop Drive and to notify Ergon officials in such cases. The suit alleged that Eagle security guard James Kreder discovered liquid asphalt spilling from an asphalt bin about 11:30 p.m. May 14, 2003, and failed to notify anyone about the spill. More than 26,000 gallons of asphalt spilled over the top of a garbage container, ran off Ergon property and into a storm drain that flows into the Brazos River. The spill forced Ergon to spend about $422,000 in clean up costs, according to the lawsuit. Ergon was seeking at least $400,000 in damages, plus attorney's fees, from Eagle Systems.

According to the attorney for Eagle Systems, asphalt in one of the Ergon silos had solidified and company officials were putting hot steam on it. There was an apparent mix-up among four or five employees who reportedly believed that someone else was going to shut the steam off. By the time Kreder made his routine rounds, it was dark and he thought the liquid coming from the silo was water. In an out of court settlement reached, Eagle Systems Inc. agreed to pay $200,000 to end the lawsuit. Sources stated that the settlement was a business decision and was thought as a good way to resolve the case without the uncertainty of a jury trial. [WACO TRIBUNE: ASPHALT SPILL]


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Published on Oct-4-07


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