Farmer’s appeal denied over death of cattle from illegal dumping
The Pennsylvania Superior Court has upheld the Greene County court’s denial of an appeal of a Waynesburg farmer who blames a business man’s polluting activities for the death of his cattle.
George Watson appealed a Greene County judge’s 2015 decision that dismissed the suit he brought against Robert Allen Shipman.
According to court documents, Watson operated a beef cattle farm in Waynesburg from 2008 and 2009 alongside Hargus Creek Road.
During that time, 21 of his cattle died from unknown causes, and lab tests came back with negative results regarding a specific cause of death. Watson suspected illegal dumping operations in the area of Hargus Creek were the cause.
In March 2011, Shipman was charged with 103 counts that included theft by deception, receiving stolen property, theft by unlawful taking, receiving stolen property and charges that were related to illegal dumping.
Watson acknowledged seeing Shipman’s trucks and operations taking place upstream from his property, but didn’t file a civil complaint until Dec. 30, 2013, the Superior Court opinion noted. A Greene County judge dismissed the suit because Watson did not file the suit within the two-year statute of limitations.
In Watson’s appeal, he claimed the county court failed to begin the statue of limitations when Shipman plead guilty, but rather started it when Shipman was charged in the crime.
The Superior Court agreed that Watson knew about the criminal charges when they were filed in 2011 as he admitted through his own testimony.
The opinion written by Superior Court Senior Judge Eugene Strassburger III states, “…Watson knew or should have known that he had a claim against Shipman at the time those charges were filed.”
Watson also argued that the discovery rule should be extended in his case because Shipman concealed his dumping activity, but Strassburger found that Watson did not bring up that argument when Shipman successfully sought to have the case dismissed. Because Watson did not make that argument until the case came before the Superior Court, Strassburger indicated it could not be considered.
Watson’s appeal finally stated that the county judge should not have heard the motion for summary judgment until Watson conducted additional discovery, but Watson did not argue what evidence was yet to be discovered.
Shipman is currently serving seven years of probation for illegally dumping toxic waste in different counties following a guilty plea in 2012.