Panel rules in favor of Shipman
WAYNESBURG – A Greene County Court arbitration panel ruled Wednesday against a Center Township farmer who sued Robert Allen Shipman, claiming trucks from Shipman’s wastewater hauling business dumped polluted water into a creek near his farm killing his cattle.
George Watson of 1254 Hargus Creek Road, Waynesburg, filed civil complaints in December with District Judge Lou Dayich against Shipman, who was convicted in 2012 of illegally dumping wastewater into area streams, and against four others for whom he alleged Shipman hauled wastewater.
During a hearing in February, Dayich found in favor of Watson and ordered Shipman to pay $12,000, the statutory limit for a civil action before a district judge.
Shipman appealed the judgment to Greene County Court and the case was referred to an arbitration panel made up of three local attorneys. After a hearing on the case Wednesday, the panel ruled in Shipman’s favor.
Watson claimed 21 of his cattle died on his farm between December 2008 and March 2009. He alleged at about the same time he saw Shipman’s trucks at Hargus Creek upstream from his farm and on one occasion saw a truck dump water into the stream.
Blood tests completed by a veterinarian came back negative, Watson testified in March at a hearing before Dayich on a case against one of the other defendants.
However, he said, the person who took the dead animals away and was required to test the brains and spinal cords told him the animals’ livers were “yellow,” which a veterinarian later said could be caused by a high intake of salt.
Watson said he never thought to have water tested in the stream and only became aware about possible wastewater pollution during the fish kill on Dunkard Creek in September 2009.
Shipman’s attorney said later, after filing the appeal, that Watson presented no evidence regarding the cause of death of his animals, such as a veterinarian’s report, or evidence anything was in the creek that might have led to their deaths.
Shipman denied ever dumping wastewater into Hargus Creek, his attorney said. The criminal complaint against Shipman led to the 2012 conviction, in addition, never alleged Shipman had dumped illegal wastes into Hargus Creek.
Watson also had filed complaints against four others, Alpha Shale Resources, Dominion Transmission Inc., Penneco Oil Co. and Consol Coal Co., which he claimed contracted with Shipman to haul wastewater. Those cases were all decided at the district judge level, when Dayich ruled in favor of the companies and against Watson.