Axiall Ohio Inc.; Axiall LLC; John and Jane Does 1 through 10; John Doe Corporations 1 through 10; and other John Doe Entities 1 through 10 were also named as defendants in the suit.
Brock J. Conner and Erma Conner; Donald F. Arrick and Martha F. Arrick; Michael Acree and Cheryl Acree; Daniel Stillwagoner; Crystal B. Darrah; Teri Ritchie; and Rick Stillwagoner were residents affected by the Aug. 27 chlorine gas leak in Proctor, according to seven complaints filed Sept. 2 in Marshall Circuit Court.
On Aug. 27, a rail tanker that was inside Axiall’s Proctor plant leaked a substantial amount of liquid chlorine and , as a result of the 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 owned by the plaintiffs, according to the suits.
The plaintiffs claim 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.
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 Jonathan E. Turak of Gold, Khourney and Turak; and Daniel J. Guida of Guida Law Offices.
A class action lawsuit was previously filed against the company for the leak. It was filed by James G. Bordas of Bordas & Bordas on behalf of Tim Bohrer, Ronda Bohrer, Roy Yoho and Darlene Yoho
Marshall Circuit Court case numbers: 16-C-160, 16-C-161, 16-C-162, 16-C-163, 16-C-164, 16-C-165, 16-C-166