Judge Richard Voorhees, in an order last week, said a new trial was not necessary. He reinstated the jury's finding of negligence and the award. Voorhees' order said most of the Castleses' trial evidence, the part the jury agreed with, focused on negligence. The jury might not have understood that trespass could have included the movement of petroleum products in groundwater, it said. Exxon could appeal, but Brotherton predicted its chances of winning are slim.
Every day is a challenge.
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