Class action filed same day as chemical spill at Dow plant

Michelle Massey Apr. 19, 2010, 6:49am

A class action lawsuit over a hazardous chemical spill was filed on the same day the accident occurred at a Dow plant in Norco, St. Charles Parish.

Nicole Savery, Larry Savery, Gina Baglio and Troy Baglio filed suit against The Dow Chemical Company and Hexion Specialty Chemicals Inc. on April 13 in the New Orleans federal court for the Eastern District of Louisiana.

A Dow unit at Hexion's plant is allegedly responsible for the accidental release of titanium tetrachloride, which can convert to hydrochloric acid and has the potential to cause eye and throat irritation and various other symptoms or health effects, the suit claims.

According to the complaint, an electrical pipe failed at around 4:30 a.m., releasing the chemical and others into the community. The incident caused the evacuation of numerous homes, schools and businesses and closure of roads within the area, the suit claims.

The proposed class will include individuals who have sustained any injury or damage or who may suffer injury or damage in the future and those who have sustained a justifiable fear of sustaining damage or injury.

The suit claims that the defendants should have known that its electrical pipe and equipment were defective and faulty and the substance they released was harmful. The suit also claims that the defendants failed to properly respond to the incident and take necessary actions to mitigate the danger to the surrounding community and warn the public of the hazardous chemicals.

The plaintiffs are seeking more than $75,000 in damages for injuries, symptoms, emotional distress, mental anguish, medical expenses, lost wages or loss of earning capacity, fear, anguish, discomfort, and inconvenience, pain and suffering, emotional distress, psychiatric and psychological damages, damages relating to evacuation and property damages.

New Orleans attorneys Hugh P. Lambert and Linda J. Nelson of Lambert & Nelson PLC are representing the plaintiffs. Jury trial has been requested.

U.S. District Judge Ivan L.R. Lemelle is assigned to the case.

Case No 2:10cv01095

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Organizations in this Story

Dow Chemical
2030 Dow Center
Midland, MI 48674

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