CHARLESTON – A class-action lawsuit has been filed related to Tuesday’s explosion at a Kanawha Valley chemical plant that left one man dead, others injured and an entire area rocked by the blast.
Erica Powell of Chesapeake is the named plaintiff in the complaint filed December 10 by Charleston attorney Rusty Webb against Optima Belle Inc. Optima was operating as a tenant inside the Chemours plant in Belle. The explosion was caused by chlorinated dry bleach and methanol.
“Ms. Powell was literally shaking today thinking about the blast,” Webb told The West Virginia Record after he filed the complaint in Kanawha Circuit Court. “She says her mom, who lives up that way, literally can’t be left along right now. It rocked their world.”
Webb
The explosion happened when a 1,200-gallon metal dryer was over-pressurized. The blast sent metal debris onto roadways, including U.S. 60 and Interstate 64/77 across the Kanawha River. One Optima worker was killed, and three other people were injured.
Webb said the mixed messages and the Kanawha Valley’s history of incidents involving chemical plants left those affected by the shelter-in-place order scared and confused.
“You’re told to evacuate the area if possible, but you’re told to stay in because of COVID,” Webb said. “You don’t know if this is the next Bhopal or not. You constantly live in fear of this because you live in such close proximity to the plant.
“It’s going to have long-term psychological consequences on these people.”
According to the complaint, the shelter-in-place order affected about 4,000 Marmet, Chesapeake, Belle and Chelyan. That doesn’t include other nearby unincorporated areas such as DuPont City and Rand.
“Residents in the area reported their houses shook,” the complaint states. “A nearby road was also closed before firefighters were able to extinguish the flames and allow people to move around.”
Webb said one resident said the explosion shook the foundation of her house.
“She felt like the force of the blast moved it enough off of the foundation,” he said. “This is just something else these people will have to deal with on top of all of the psychological issues.”
The complaint says Howell and other potential members of the class have suffered damages from interruption of normal personal pursuits and business activities and opportunities. That includes lost income, shelter-in-place, anxiousness, evacuation, fear, fright, emotional distress and real property damage.
The complaint accuses Optima of negligence, saying the company knew or should have known such an event could occur. It also says potentially dangerous contaminants from the explosion also saturated the air, soil and river. It also accuses the company of public nuisance, private nuisance and trespass.
Howell and the other potential class members say they were injured by breathing harmful chemicals, being exposed to harmful chemicals, pollution and contamination of food. They also say they have experienced physical and mental pain and suffering, fear, anguish, discomfort, emotional distress and will continue to do so in the future. Some also were inconvenienced by being required to shelter in place by causing expense and loss of income, while others will incur medical and related expenses.
They say some will have lost wages, earning capacity and other related issues, while some will be required to spend money to clean the contamination from their real and personal property. They also say property values will be diminished as a result of the contamination.
They seek compensatory and punitive damages, attorney fees, court costs, pre- and post-judgment interest and other relief. The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number 20-C-1059