By Rod Rowe
The Indiana Court of Appeals has ruled this week that a class action lawsuit stemming from a gasoline spill at a South Main Street convenience store 10 years ago may go ahead.
Larry and Kathy Bowens and a group of about 30 residents of the area of Main and Jackson streets filed a lawsuit against 7-Eleven, MDK Corp., C & J Realty and ENSR Corp., an environmental cleanup company, in September, 2002.
The plaintiffs sought damages they suffered after a fuel spill on Sept. 26, 1996, after which the residents were not notified.
The several-block area is called the Jackson Street Neighborhood and includes up to 234 people who may be included in the class action. But the suit names 56 people, with 36 homes owned and 27 rented or converted to apartments.
The suit was filed in Elkhart Superior Court 3 with several hearings held in recent years.
Judge George Biddlecome ruled that the class action suit may go forward and the plaintiff’s appealed that decision.
The Indiana Court of Appeals issued a ruling Monday affirming Judge Biddlecome’s action.
“It was an excellent opinion. It was more clarifying than the briefs that were filed,” said John Ulmer, Goshen attorney working on behalf of the Bowens and the Jackson Street group.
Ulmer said he will now push for a status conference to have Judge Biddlecome set a trial date next year.
“We need to get this thing going,” Ulmer said this week.
He added that the defendants may file a petition to the Indiana Supreme Court, to have that court review the class action decision. But that move is not automatic, he said.
