Tainted-fuel settlement in works

http://www.nola.com/search/index.ssf?/base/money-1/1095571945235490.xml?nola

 

Sunday, September 19, 2004
By Keith Darcé

A settlement is in the works for at least three of the class-action lawsuits filed against Shell Oil Products and its affiliates in the wake of a tainted gas problem that damaged more than 53,000 vehicles in southeastern Louisiana in May.

Attorneys have spent recent weeks negotiating a deal that would define who is eligible for damages from the Shell companies and how much those damages are worth, according to a document filed in federal court in New Orleans.

The cases involved in the potential settlement originally were filed in state courts in Orleans, Jefferson and St. Charles parishes but later moved to the U.S. Eastern District Court.

If the parties involved in the negotiations fail to reach an agreement by Oct. 15, then they will choose a mediator who will hammer out a deal.

Daniel Becnel Jr., a Reserve attorney representing plaintiffs in one of the cases, said the number of claims made through the class-action suits could reach 500,000.

Some drivers in the New Orleans region started having problems with their fuel gauges in mid-May after Shell delivered a batch of gasoline to more than 200 local gas stations that contained elemental sulfur and hydrogen sulfide.

The contaminates are highly corrosive to silver and can damage vehicles with silver electrical contacts in their fuel-gauge sensor units.

The problem caused some fuel sensors to deliver false readings, making motorists think their fuel tanks were full when they weren't. In some cases, vehicles ran out of gas even though their gauges indicated fuel was in the tanks.

The tainted gas was manufactured at the Motiva Norco Refining plant and was distributed in early May, mostly to stations operating under the Shell, Texaco and Chevron brands. Some of the gas was shipped to stations in south-central Florida.

Most of the stations stopped selling the tainted gas when Shell discovered the problem. But by then, tens of thousands of motorists had bought the fuel.

Shell has been paying to repair fuel gauge sensor units damaged by the gas. The work can cost between $200 and $1,000, depending on the car model.

Becnel said Shell has acted in good faith since disclosing the tainted gas problem.

"Shell is doing the right thing. They are continuing to fix people's gas gauges," he said.

But Becnel said the class-action settlement should cover more, such as potential damage from the gas to other parts of vehicles, even for people who already have accepted a settlement check from Shell for fuel gauge repairs.

No deadline has been set for settling the cases.

The agreement to negotiate the deal was signed by attorneys representing motorists as well as those representing Shell and its affiliates.

Shawn Frederick, a spokesman for Shell Oil Products, said that the company doesn't comment on pending litigation.



[ Home ]