PARKERSBURG – A circuit judge again has certified a case involving a 2017 Parkersburg warehouse fire as a class action.
An attorney for the defendant, however, says the issue again will be appealed to the state Supreme Court
On June 17, Judge Thomas Bedell issued an order granting class certification in the case Paul Snider, a Parkersburg man, filed against Surniak Holdings of WV LLC in Wood Circuit Court. Bedell, a circuit judge from Harrison County, is hearing the case because the state Supreme Court previously recused all Wood County judges from the case.
McLaughlin
Surniak once had this and other related cases removed to federal court, but they were remanded back to state court. That’s where the class, which could include more than 50,000 people, was certified once before by Bedell. But Surniak appealed that decision to the Supreme Court, which then sent it back to Bedell for more analysis.
The Supreme Court’s Writ of Prohibition was granted November 20, 2020. That vacated Bedell’s original certification issued September 16, 2019.
Attorney Alex McLaughlin, who is representing the class, said the Supreme Court essentially told Bedell to more thoroughly “show your work” on how you decided to certify the class.
Bedell’s June 17 order, which is 40 pages long, does that.
“They (the justices) wanted it broken down more,” McLaughlin told The West Virginia Record. “More detail is what they sought.”
McLaughlin said the plaintiff’s side is pleased with the latest order.
“The last time Judge Bedell certified the class, he was very clear about how he was going to handle the case going forward,” he said. “But, that all got disrupted not only by the case being sent to the Supreme Court, but by COVID.
“We had a trial date set for some time in the spring of 2020, but a new trial date hasn’t been set yet. We have a scheduling conference soon.
“I’m pleased we prevailed on class certification, and I’m hopeful the people of Parkersburg can get some compensation and some justice for what has happened.”
Ryan Donovan, who represents Surnaik, said the company is “obviously disappointed” with Bedell’s order and will appeal again.
“When the Supreme Court remanded the case, it didn’t just ask for more pages — it asked good questions, many of which, unfortunately, remain unanswered,” Donovan told The Record. “Most importantly: how can a class be certified when the plaintiff’s own expert admits that as many as 90 percent of the class members are uninjured?
“We will appeal and have confidence that the Supreme Court will get it right.”
Snider’s complaint alleges the fire protection system in the warehouse owned by Surniak and used by chemical company Intercontinental Export-Import Inc. was in a state of disrepair and not functioning when the fire broke out October 21, 2017. He says Surniak knew the system was not working properly as early as 2008.
The fire emitted a plume of smoke consisting primarily of particulate matter and gases that Snider says adversely impacted him and other neighboring residents, businesses and government agencies for days. He says the smoke irritated his nose and throat, and he was unable to use and enjoy his property because of the fire.
Snider claims he and others in the class suffered injuries from smoke inhalation and particulate matter in the air from the fire at the 420,000-square-foot facility. Snider claim he and the others have suffered respiratory issues and are being subjected to an ongoing health risk. They seek compensatory damages and other relief.
Snider is being represented by McLaughlin of Calwell Luce diTrapano PLLC in Charleston, Van Bunch of Bonnett Fairbourn Friedman & Balint PC in Phoenix and Michael Jacks of Jacks Legal Group PLLC in Morgantown. Surnaik is being represented by Donovan of Hissam Forman Donovan Ritchie PLLC In Charleston.
Wood Circuit Court case number 17-C-377 (West Virginia Supreme Court of Appeals case number 19-1006)