TOLEDO — A Toledo resident and a local landscaping business are suing the companies behind a North chemical terminal that led to a chemical leak.
The lawsuit was filed on Oct. 23 by Todd M. Hartford and Hartford’s Fencing and Landscaping LLC, according to our CBS News affiliate WTOL.
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The defendants in the lawsuit are M.C. Tank Transport Inc. and their parent company, Kenan Advantage Group Inc., along with the terminal’s plant manager.
The lawsuit claims M.C. Terminal Transport failed to follow safety procedures, leading to the chemical leak that forced people from their homes and disrupted businesses.
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On Oct. 20 around 9:30 p.m., a tank began releasing glycidyl methacrylate (GMA), according to a previous report.
GMA is an industrial chemical that is used in products such as resins, coatings, and adhesives.
The defendants failed to properly maintain the tank and its safety systems. The plaintiffs alleged the company did not maintain adequate levels of a chemical inhibitor designed to prevent an unwanted reaction and failed to properly monitor and control the tank’s temperature, the lawsuit claims.
The complaint also claims that the defendant knew or should’ve known the potential health risk of the chemical and the danger of a reaction inside the tank.
The decision to vent the tank to relieve the pressure and heat allowed the chemical release to continue affecting the surrounding community, the complaint alleges.
Around 1,379 people living in the evacuation zone were ordered to evacuate their homes around 4:24 a.m. by Toledo Fire and Rescue on Oct. 21. Those who were in the three-mile shelter-in-place zone, roughly 49,527, were told to stay indoors, turn off ventilation to their homes, and to keep pets inside.
The plaintiffs claim the emergency orders and road closures disrupted local businesses, leading to lost revenue, spoiled inventory, payroll expenses, and cleanup costs.
The lawsuit also points to health and safety concerns that people who were exposed to the chemical faced.
GMA is classified as a Category 1B carcinogen and reproductive toxicant, among other hazards. Exposure can cause eye damage, respiratory irritation, among other symptoms, including headaches, dizziness, nausea, and vomiting.
At least 30 people received medical treatment for effects from the exposure.
The lawsuit also includes claims of negligence, gross negligence and recklessness, nuisance, and strict liability related to the chemical release.
The plaintiffs are seeking more than $25,000 in compensatory damages, with the final amount to be determined at trial. They are also asking the court to certify the proposed classes, which would allow other residents and businesses to join the lawsuit.
The court has not yet certified the proposed classes, and the lawsuit does not establish that the defendants are legally responsible for the chemical release.
WTOL 11 has reached out to the defendants mentioned in this case, but has not heard back.
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