Residents file class action lawsuit against chemical producer for chlorine leak

By Kyla Asbury | Sep 6, 2016

MOUNDSVILLE – Four residents filed a class action lawsuit against Axiall Corporation after they claim chlorine gas leaked traveled from inside the facility to the surrounding community.

On Aug. 27, a rail tanker that was inside Axiall’s Proctor plant leaked a substantial amount of liquid chlorine, according to a complaint filed Aug. 30 in Marshall Circuit Court.

Tim Bohrer, Ronda Bohrer, Roy Yoho and Darlene Yoho claim as a result of the leak, a large chemical cloud was created that caused the toxic substance to travel from the Proctor plant to the surrounding communities, including properties they owned.

Individuals living in the communities near the plant were forced to evacuate their homes and leave the area to avoid exposure to the toxic chemical, according to the suit.

The plaintiffs claim the chemical cloud and/or chemical exposure damaged their personal and real properties, including their roofs, cars, homes, plants, gardens, grass and trees.

Axiall was negligent in allowing the liquid chlorine to leak from the space where it was contained and in failing to control, manage and/or contain the liquid chlorine at the plant in a safe manner, according to the suit.

The plaintiffs claim Axiall was also negligent in failing to take actions to limit the spreading of the chemical cloud, in failing to protect the surrounding communities from the hazardous chemical and in failing to exercise due care generally in controlling the liquid chlorine.

Axiall’s negligent and/or reckless acts and/or omissions directly and proximately caused liquid chlorine to leak from the plant, which caused the hazardous chemical to enter onto the plaintiffs’ properties and the result of the defendants’ trespass caused the plaintiffs damages, according to the suit.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by James G. Bordas Jr., Jeremy M. McGraw and Bryan D. Pasciak of Bordas & Bordas.

Marshall Circuit Court case number: 16-C-158

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