D.E. et. al v. Confidential
Posted on September 26th, 2000 by Zane Cagle
$4.75 MILLION DOLLAR SETTLEMENT FOR CLIENTS EXPOSED TO CHEMICAL
Plaintiffs were performing contracting duties at a chemical plant when a chemical tank over pressurized releasing hazardous chemicals, including bromide vapor. Plaintiffs alleged that the Defendant was negligent in storing and recycling butanol acid and adding various compounds which resulted in the chemical tank over pressurizing and exploding.
Defendant failed to activate either the emergency or evacuation alarms even though both where present at the facility. Plaintiffs alleged that Defendant’s actions prior and subsequent to the chemical release violated numerous OSHA regulations and thus Defendant was negligent per se for their injuries. These violations included the following:
- 29 CFR § 1910.38 in not providing proper exit routes and emergency action plans in the plant
- 29 CFR § 1910.1200 in not providing the required hazard communication to employees, agents and contractor in the plant
- 29 CFR § 1917.30(a) in not providing a compliant emergency action plan in the plant
- 29 CFR § 1918.100 in not providing a complaint emergence action plan in the plant
- 29 CFR § 1910.36 in not meeting the requirements of an exit routes in plant
- 29 CFR § 1910.119 in not meeting the reducing the consequences of a toxic chemical release.
Both Plaintiffs claimed they sustained serious injuries to their lungs and respiratory systems including reactive airways disorder syndrome (“RADS”) as a result of the chemical release. Only weeks prior to trial the parties reached a total settlement of $4,750,000.00 for both Plaintiffs.