BY TERRIE MORGAN-BESECKER
Times-Shamrock Writer

A Dimock Twp. couple who say Cabot Oil & Gas Corp.’s drilling contaminated their well water can proceed with a negligence claim, a federal judge ruled.

U.S. District Judge John E. Jones III on Monday agreed with a magistrate judge’s recommendation that Scott and Monica Ely had presented sufficient evidence to allow their claims for property damage to proceed to trial. Judge Jones also agreed with the magistrate’s determination that several other counts be dismissed, including breach of contract, fraud and the couple’s request for medical monitoring.

The Elys are among 44 Dimock Twp. residents who sued Cabot in 2009, alleging its drilling operations contaminated their drinking water wells with methane. Cabot settled with 40 of the plaintiffs in 2012, but the Elys rejected the deal. Attorneys for Cabot filed a motion last seek seeking to dismiss the suit.

In his ruling, Judge Jones agreed the Elys, who presented a report from a hydrologist and engineer who concluded Cabot’s drilling had contaminated their water, had enough evidence to take their claims to a jury. The judge limited the claim to property damage, however, finding that the couple had no cognizable evidence that they suffered personal injury.

Judge Jones dismissed the other counts, again agreeing with the magistrate judge’s ruling that they had not presented sufficient evidence to support the claims.

The ruling clears the way for the case to proceed, barring a possible appeal by either Cabot or the Elys.