TOLEDO, Ohio (WOWO) — A lawsuit filed after last week’s chemical leak at a north Toledo industrial terminal accuses the companies responsible of negligence and seeks class-action status for residents and businesses affected by evacuations, shelter-in-place orders and operational shutdowns. The l awsuit was filed October 23 in Lucas County Common Pleas Court by Toledo resident Todd M. Hartford and Hartford’s Fencing Landscaping LLC. The defendants are M.C. Tank Transport Incorporated, its parent company, Kenan Advantage Group Incorporated, and the terminal’s plant manager. The plaintiffs allege that failures to maintain the facility’s storage tank and safety systems led to the release of glycidyl methacrylate, an industrial chemical used in products including resins, coatings and adhesives according to WTOL. The complaint seeks to represent residents who were forced to leave their homes and businesses within three miles of the terminal that had to close or restrict operations because of the emergency. The court has not certified the proposed classes, and the allegations have not been established in court. According to the complaint, a storage tank at the M.C. Tank Transport facility at 1266 Progress Avenue began releasing the chemical at about 9:30 p.m. October 20. The plaintiffs allege the defendants failed to properly maintain the tank, including maintaining adequate levels of a chemical inhibitor intended to prevent an unwanted reaction. The lawsuit also claims the facility failed to adequately monitor and control the tank’s temperature and pressure. The complaint further alleges the companies knew, or should have known, about the chemical’s potential health hazards and the risk of a reaction inside the tank. The plaintiffs contend that venting the tank to relieve heat and pressure allowed the chemical release to continue affecting the surrounding area. The incident prompted emergency orders in north Toledo, with firefighters initially establishing an evacuation zone around the facility before expanding precautions to a wider area. According to the lawsuit, Toledo Fire Rescue ordered people within one mile of the terminal to evacuate at 10:48 p.m. October 20. At 4:24 a.m. October 21, authorities ordered people within three miles to shelter in place. Residents in the affected area were instructed to remain indoors, close windows and doors, shut off ventilation systems drawing in outside air and keep pets inside. The lawsuit estimates that approximately 1,379 people living in 581 housing units were inside the evacuation zone. Another 49,527 people in 22,940 housing units were estimated to be within the three-mile shelter-in-place area. That broader area included some residents in Monroe County, Michigan. The plaintiffs also claim the emergency response and road closures caused financial losses for local businesses. Alleged losses include lost revenue, spoiled inventory, payroll expenses and cleanup costs. The complaint raises additional concerns about the chemical’s potential health effects. It cites a safety data sheet classifying glycidyl methacrylate as a Category 1B carcinogen and reproductive toxicant, among other hazards. The plaintiffs allege exposure can cause eye damage and respiratory irritation, as well as symptoms including headaches, dizziness, nausea and vomiting. The lawsuit claims at least 30 people received medical treatment for physical effects associated with the release, including stinging eyes. That figure is an allegation contained in the filing and was not independently verified through the complaint. The incident has also prompted broader questions about possible exposure risks and the effects of the chemical on nearby residents and workers. The plaintiffs are pursuing claims of negligence, gross negligence, recklessness, nuisance and strict liability related to what they describe as an abnormally dangerous activity. They are seeking compensatory damages of more than $25,000, with the final amount to be determined at trial, along with punitive damages, attorney fees and court costs. The request for class-action status could expand the case to include other qualifying residents and businesses affected by the incident. If approved, the class could encompass people who were required to evacuate and businesses within the designated area that were forced to close or limit operations. The lawsuit remains pending. The court has not certified the proposed classes, and the filing itself does not establish that M.C. Tank Transport, Kenan Advantage Group or the plant manager was legally responsible for the release. The post Toledo Chemical Leak Lawsuit Seeks Class-Action Status, Alleges Safety Failures appeared first on WOWO News/Talk 92.3 FM and 1190 AM. ...read more read less