CHARLESTON — A federal judge has dismissed seven claims in a lawsuit against International Export Import and other companies for a warehouse fire in Parkersburg. The judge left one count remaining in the suit.
U.S. Judge Thomas E. Johnston of the U.S. District Court for the Southern District of West Virginia dismissed counts regarding public and private nuisance; negligence and gross negligence, trespass, medical monitoring and unjust enrichment.
The sole remaining cause of action in the case involves negligent infliction of emotional distress.
In October 2017 a large industrial fire ignited in the warehouse, consuming the entire building. The warehouse had been a known fire hazard since at least 2008.
"We are grateful that the court’s ruling recognized that the vast majority of the claims in this particular case lacked merit," Mike Hissam, an attorney for the defendants, said in a statement provided to The West Virginia Record. "We look forward to aggressively defending the remaining claims in all of these cases."
The fire burned for eight days, exposing nearby residents to smoke, fumes and air contaminants. The plant was declared a disaster area, and local officials advised residents to stay inside.
Gov. Jim Justice eventually declared a state of emergency because of the fire. In December 2017, Justice reimbursed the county nearly $1.5 million for expenses related to fighting the fire.There were approximately 40,000 tons of burned material because of the blaze.
In the dismissal, Johnston stated ruled the plaintiffs' allegation of unjust enrichment was a reach.
"Plaintiffs’ allegations of unjust enrichment are immense reaches and the court is puzzled as to why [they did not concede this claim in their response to the motion to dismiss," Johnston wrote. "Plaintiffs fail to sufficiently allege facts to meet any of the elements necessary to maintain a claim of unjust enrichment. All the plaintiffs offer are four threadbare allegations, which fall well short of the requirements of Twombly and Iqbal."
This case is the second class-action case to be dismissed in federal court involving the fire.
The Mohwish case, which was filed in the U.S. Southern District of West Virginia was voluntarily dismissed by the plaintiffs in July. That case was filed by attorneys Anthony Majestro, Tim Bailey, and Harry Deitzler.
There is one remaining federal class action case called Callihan, which the defendants filed a motion to dismiss in last week.
There are also two class action cases that were remanded to Wood Circuit Court.
The plaintiffs were seeking compensatory and punitive damages. They are represented by attorneys Jim Leach, Victoria J. Sopranik of Jim Leach LC, and by Steven D. Liddle and Nicholas A. Coulson of Liddle & Dubin in Detroit.
Hissam is a partner with Hissam, Forman, Donovan Ritchie PLLC in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-04387
