Hutchinson businesses get $5.25M in damages

? A judge Thursday assessed $5.25 million in punitive damages against a Hutchinson gas field operator for a 2001 explosion that engulfed parts of downtown.

The decision by Sedgwick County District Judge James Fleetwood resulted from litigation brought by two Hutchinson businesses.

Fleetwood said he found “egregious acts” and mismanagement by Mid Continent Market Center, a subsidiary of Oneok Inc. Both were involved in the Yaggy natural gas field.

“I am convinced that the defendant’s profit motive drove the actors to ignore imminent dangers arising from the abandonment of sound operating procedures,” Fleetwood said.

“I do believe that those involved acted purposely to leave the public regulators in the dark,” he added. The plaintiffs’ businesses — Decor Party Store and Woody’s Furniture Store — were destroyed when a gas leak from a Yaggy well exploded on Jan. 17, 2001.

In February, after a four-week trial, a jury awarded the businesses more than $1.7 million in actual damages to compensate for their losses. The verdict also authorized Fleetwood to determine punitive damages.

Under Kansas law, Fleetwood could have awarded from nothing to $10 million in punitive damages.

After Thursday’s decision assessing $5.25 million in punitive damages, Carol Froese, owner of Decor Party Store, said, “We’re pleased with the judge’s sanctions.”

Both businesses have reopened in downtown Hutchinson.

Ross Hollander, a Wichita lawyer helping to defend Mid Continent, said he was disappointed in the amount of the punitive judgment. Hollander said it was too early to say whether the decision will be appealed.