Date: Fri 04-Jul-1997

Publication: Bee

Author: ANDYG

Quick Words:

Dodgingtown-crash-suit-MTBE

Full Text:

Fiery Crash Results In Another Lawsuit

BY ANDREW GOROSKO

The owners of property next to the site of a fiery gasoline tanker truck

accident last October have sued the town, claiming it has overassessed the

value of their property.

In the lawsuit filed June 23 in Danbury Superior Court, Hyman and Margo

Reiser, the owners of 2 Hattertown Road, state that on October 7, 1996, about

9,000 gallons of gasoline was released near and onto their property,

contaminating its soil and groundwater.

The fiery and explosive gasoline tanker truck accident in Dodgingtown killed

the truck driver and resulted in extensive gasoline pollution of soil and

groundwater near George's Restaurant and Pizza at 2 Dodgingtown Road.

Police have listed vehicle speed and the driver's lack of familiarity with the

roadway as contributing factors in the crash.

At about 8:09 pm on October 7, 1996, trucker David Wagnblas, 28, of Stratford

was driving a tractor-trailer gasoline tanker westbound on Route 302. As he

entered the sweeping curve near Hattertown Road, he lost control of the truck,

hit the brakes and went into a skid, causing the truck to roll onto its left

side and slide onto the southbound shoulder of Hattertown Road and partially

enter the restaurant parking lot. The truck snapped a utility pole and

exploded into flames.

The crash caused a tremendous fire fueled by the 9,085 gallons of gasoline Mr

Wagnblas was hauling from Bridgeport to a gas station in Bethel. Six motor

vehicles parked in the restaurant parking lot were destroyed by the fire and

two vehicles received extensive damage.

The crash caused numerous restaurant patrons to run away toward Village Tire

Center, a tire shop next door to the restaurant. About 30 people had been in

the restaurant at the time of the crash.

Amazingly, none of the diners was injured in the incident. Mr Wagnblas,

however, died of trauma and burns.

In their lawsuit, the Reisers state that remediation to correct pollution

problems is ongoing and is expected to continue for many years.

"As a result of the (gasoline) release and subsequent contamination, the

property's marketability and value have been substantially impaired," the suit

states.

Prior to the accident, the town assessor had assessed the full fair market

value of the land and buildings at 2 Dodgingtown Road at $225,000 as reported

on the Grand List of October 1, 1996, according to the suit.

But the Reisers' appraisal of the property after the accident indicated the

full fair market value at $124,000, according to the lawsuit.

Tax-assessed values are 70 percent of estimated full fair market values.

"As a result of the release of gasoline, the valuation placed on the property

was grossly excessive, disproportionate and excessive," according to the suit.

The Reisers appealed their tax assessment to the town's Board of Assessment

Appeals, presented their appraisal of the property's value and described the

nature of the environmental damage to the property, it adds.

But the board denied the appeal on April 29, according to the suit.

Through the lawsuit, the Reisers seek a reduction of their tax assessment.

The Reisers are represented by attorney Reed D. Rubinstein of Pepe and Lazard,

LLP, of Southport.

The town is scheduled to answer the allegations raised in the lawsuit on

August 5.

In January, the estate of Mr Wagnblas notified the town it intends to sue the

town alleging "a defective highway condition" caused the accident.

A multi-million dollar cleanup of the gasoline spilled in Dodgingtown is

continuing.

Domestic water wells that potentially may be affected are being tested and

several have had water filtration systems installed.

MTBE, a gasoline additive, is a source of the pollution.