MOUNDSVILLE – Eleven lawsuits have been filed against Axiall Corp. over a liquid chlorine leak that caused nearby residents to evacuate their homes almost two years ago.
Lester Eglehoff; Gordie Beck and Dorothy Beck; Larry Casto and Sondra Casto; Timothy Yoho and Christina Yoho; Carol Martin; Thomas Ewing; Robert Shields and Rebecca Shields; Sidney Harmon and Cassandra Harmon; Roberta Campbell; Victor Woods; and Dean Wichterman and Tammy Wichterman filed their lawsuits against Axiall Corp. in May and June in Marshall Circuit Court over the chlorine leak, which occurred Aug. 27, 2016.
On that date, a rail tanker inside Axiall's Proctor Plant leaked a large amount of liquid chlorine and a large chemical cloud was formed that caused the substance to travel from the plant to the surrounding areas, which forced residents to evacuate and avoid exposure to the chemical, the suits state.
Axiall had a duty to manage the hazardous chemicals in its plant and to keep them contained in a safe manner but failed to do so with the liquid chlorine, according to the suits.
The plaintiffs allege they suffered damages as a result of Axiall's failure to properly contain the liquid chlorine and the plaintiffs claim Axiall was negligent and/or reckless.
Axiall failed to manage the chemical in a safe manner; failed to limit the spreading of the chemical cloud; and failed to protect the area surrounding the Proctor Plant, according to the suits.
The plaintiffs claim Axiall's actions are considered a trespass onto their properties, which caused them to suffer damages when they had to evacuate.
Axiall's failure to contain the chemical also constituted a private nuisance and a public nuisance, they allege.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by James G. Bordas Jr. and Jeremy M. McGraw of Bordas and Bordas in Moundsville.
The cases are assigned to Circuit Judges Jeffrey Cramer and David W. Hummel Jr.
Marshall Circuit Court case numbers 18-C-93, 18-C-94, 18-C-95, 18-C-99, 18-C-102, 18-C-103, 18-C-107, 18-C-108, 18-C-111, 18-C-114, 18-C-115