Orange businessman alleges diesel fuel seeped into soil, groundwater

David Yates Apr. 16, 2008, 9:34am

A Southeast Texas business man is alleging ExxonMobil Corp. contaminated his property by allowing diesel fuel to seep into the soil and ground water.

Stan Floyd filed suit against ExxonMobil, Petroleum Wholesale and Sunmart on April 4 in Orange County District Court, claiming the defendants negligently failed to maintain fuel tanks at Sunmart No. 363.

According to Floyd's suit, throughout 2007 and 2008, the defendants owned and operated storage tank systems at Sunmart, located at 333 Lutcher Drive. During that time, the tanks allegedly leaked diesel fuel, contaminating the soil and groundwater on Floyd's property.

"Such releases occurred when rain waters collected in the area where the diesel fuel island was located," the suit said. "Such releases and contamination � continue to be a nuisance to Floyd and have been caused by the negligence of the defendant."

In his suit, Floyd says the contamination has decreased his property values, and has been an "assault on his senses."

He is suing for actual damages, medical expenses, discomfort and the loss of enjoyment of his property.

Floyd is represented by Sandee Hart of the Bernard & Hart law firm.

The case has been assigned to the 163rd Judicial District.

Case No. B-080137-c

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