One day after a chemical release at the Chalmette Refining Facility in St. Bernard Parish, plaintiffs have sued in federal court in New Orleans.
In their complaint filed Oct. 11, Mike Munna and Patricia Garcia claim hydrogen sulfide and sulfur dioxide was released when a unit went off line on Oct. 10.
The release lasted several hours and the smell and effects from the chemicals allegedly lasted beyond the duration of the release, the complaint states.
The defendant is accused of allowing a hazardous and toxic or harmful substance to escape their facility and come into contact with the public, failing to properly handle and contain the hazardous and harmful substance, allowing a hazardous situation consisting of faulty and insufficient procedures and work practices, failing to properly warn and for failing to properly inspect to assure that the equipment and personnel they used were fit for their intended purposes.
Munna and Garcia are seeking damages for inconvenience, physical symptoms and injuries, medical damages and property damages, medical expenses, lost wages, loss of earning capacity, medical monitoring, fear, anguish, discomfort, pain and suffering, emotional distress, psychiatric and psychological damages, evacuation, property damages, interest and court costs.
The plaintiffs are represented by Daniel E. Becnel, Jr., Darryl J. Becnel, Matthew B. Moreland, Sal Christina and Ronnie Glynn Penton of Becnel Law Firm in Reserve.
U.S. District Judge Mary Ann Vial Lemmon is assigned to the case.
Case No. 2:11-cv-02550