The federal Eighth Circuit Court of Appeals has affirmed a jury
verdict in favor of a landowner who alleged her home was damages by
vibrations from drilling operations. The judgment in favor of the
plaintiff was affirmed in
Hiser v. XTO Energy. Inc., No. 13–3443 (8th Cir. Oct. 3, 2014).
Ruby Hiser filed a lawsuit against XTO Energy Inc. in Arkansas. Ms.
Hiser had lived in her home for six years before XTO began drilling
operations nearby. XTO began drilling a gas well on property adjacent to
Ms. Hiser’s home in February 2009. According to Ms. Hiser, it was
around this time that she started feeling vibrations. Ms. Hiser
testified at trial that she feels the vibrations and hears her house
“crackle” when XTO’s drill is in use. She testified that people who
stayed the night in her home also felt the vibrations. Several witnesses
also testified at trial they had felt the vibrations when visiting Ms.
Hiser’s property
Justin Hall, a licensed professional engineer, examined Ms. Hiser’s
home on June 5, 2009. Mr. Hall testified that he could hear the nearby
drilling during his inspection of Ms. Hiser’s home. Based on his
experience, the inspection, and the proximity of the drilling equipment
to Ms. Hiser’s home, approximately 150 feet at the time, Mr. Hall
concluded that XTO’s drilling was the source of the vibrations. Mr. Hall
opined that the damage to Ms. Hiser’s home is consistent with
vibrations from drilling, not the result of poor construction.
Mr. Hall conducted a second inspection in January of 2011. He
observed that the drilling area had moved closer to Ms. Hiser’s home.
Mr. Hall noted, among other things, excessive shifting of the foundation
and numerous nail pops in the sheetrock uncharacteristic of normal
foundation settlement. Mr. Hall again attributed the damage to nearby
drilling and vibration.
At trial, Ms. Hiser testified that she spent approximately $30,000
repairing her home. Mr. Hall testified that, based on his examination of
Ms. Hiser’s home, it would cost $55,000 to repair the damage. Ms. Hiser
also testified that she was not able to enjoy her house the same way
she did before XTO started drilling and that she experienced noise on
and off for approximately two years.
There was also evidence at trial that Ms. Hiser complained early and
often about XTO’s drilling. She first complained in February 2009,
shortly after XTO began drilling its first well on her neighbor’s
property. XTO drilled six gas wells on Ms. Hiser’s neighbor’s property
between February 2009 and August 2011. Despite Ms. Hiser’s insistence
that the drilling was causing damage to her home, XTO never had a
construction expert examine Ms. Hiser’s property. Instead, it relied on
the assessment of Jay Jones, one of its landmen. XTO did not offer to
test for vibrations until after Ms. Hiser filed her lawsuit and after
substantial damage had been done to her home.
The trial resulted in a jury verdict in favor of the plaintiff on Ms.
Hiser’s claims of negligence, private nuisance, and trespass under
Arkansas state law. The jury awarded Ms. Hiser $100,000 in compensatory
damages and $200,000 in punitive damages.
XTO appealed the verdict to the Eighth Circuit. On appeal, XTO argued
that a new trial was warranted because of evidence the trial had
discussed
fracking during deliberations but no evidence regarding fracking had been presented at trial.
- See more at:
https://www.hop-law.com/arkansas-homeowner-wins-verdict-for-damages-caused-by-vibrations-from-nearby-oil-drilling-operations/#sthash.5yt9iGuC.dpuf
