Knoxville: Second TVA coal ash spill trial called off

Wednesday, October 19, 2011

photo Staff File Photo by Patrick Smith Remains of a coal ash spill that blanketed more than 300 acres in Harriman, Tenn., surround the TVA Kingston Fossil Plant.

Attorneys for property owners seeking damages from the Tennessee Valley Authority's coal ash spill have agreed to call off a second trial on TVA's liability that was set Nov. 1.

Court filings show attorneys for TVA and property owners seeking damages from the December 2008 spill at TVA's Kingston Plant have asked the judge who presided at the first trial to use only that evidence in making his decision.

Plaintiff attorney John Agee, of Clinton, said the first trial was "very thorough and exhaustive."

U.S. District Judge Thomas Varlan has set a Jan. 12 deadline on post-trial briefs.

TVA said in a statement Tuesday that it agreed to avoid further expenditure of time and expense.

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