WHEELING — Two Wetzel County couples are suing a chemical plant owner, alleging failure to manage and control hazardous chemicals.
Tim Bohrer, Ronda Bohrer Roy Yoho and Darlene Yoho filed a class action complaint, individually and on behalf of all others similarly situated, Oct. 3 in U.S. District Court for the Northern District of West Virginia against Axiall Corporation alleging the chemical plant owner is a private and public nuisance.
According to the complaint, on Aug. 27, a rail tanker inside Axiall's plant in Proctor, leaked substantial amounts of liquid chlorine that created a large chemical cloud and caused the toxic substance to travel to the surrounding communities, including the plaintiffs' own properties.
The suit says the plaintiffs was forced to evacuate their homes in Proctor and they sustained damages to their personal and real property. The plaintiffs allege Axiall negligently allowed the liquid chlorine to leak from its container, failed to contain the chemical in a safe manner and failed to take actions to limit the spreading of the chemical cloud.
The plaintiffs seek trial by jury, judgment for all damages, pre- and post-judgment interest, attorney fees and court costs, plus all other relief. They are represented by attorneys James G. Bordas Jr., Jeremy McGraw and Bryan D. Pasciak of Bordas and Bordas Attorneys PLLC in Wheeling.
U.S. District Court for the Northern District of West Virginia Case number 5:16-cv-00156