Several law firms have filed civil lawsuits against Smitty’s Supply Inc. in Tangipahoa Parish, seeking damages for residents and contractors in the wake of the Aug. 22 industrial explosion and fire that burned for more than five days.
Jeffrey Berniard
The law firms that have filed complaints in response to the release of tens of thousands of gallons of petroleum products, other chemicals and plumes of black smoke include the Berniard Law Firm in New Orleans and Texas-based Zehl & Associates.
No fatalities were reported as a result of the explosion at Smitty’s Supply, which manufactures and supplies commercial lubricating fluids, but an evacuation of residents within one mile of the Roseland plant was ordered due to smoke, soot and oily residues spread by the blast.
“Upon information and belief, the defendant failed to properly maintain its facility and store the hazardous chemicals and petroleum products on its property, leading directly to the explosion and fire,” the lawsuit filed by the Berniard Law Firm states.
The class-action complaint, filed on Aug.26 in the 21st Judicial District Court on behalf of resident Sterling R. Jackson, also alleges that the company failed to adequately warn nearby residents about the hazards created by the storing of chemicals and other materials at the plant.
Jeffrey Berniard, who filed the class action, said he expects the civil lawsuits that have been advanced on behalf of property owners and others will be combined as legal proceedings move forward.
“I anticipate that the lawsuits filed in Tangipahoa Parish will be transferred and consolidated to the judge who received the first assignment of the first filed case in that district,” Berniard told the Louisiana Record in an email. “That is the usual process that occurs in cases of this nature.”
He stressed in a prepared statement that the lawsuit was about holding the company accountable for the upheaval of people’s lives caused by the blast.
“This explosion forced families out of their homes, damaged property across the area and left residents with serious health and safety concerns,” Berniard said. “... Smitty’s Supply must answer for the harm caused to this community and provide just compensation for the losses our clients continue to suffer.”
Smitty’s Supply Inc. did not respond to a request for comment.
The Berniard Law Firm’s complaint said class members, who are estimated to exceed 100 individuals, suffered personal injuries such as headaches, stomach aches and skin and eye irritation; emotional distress and anxiety; and property damage to homes resulting from soot, ash and other airborne debris.
Plaintiff Jackson was forced to evacuate his home and was exposed to fumes from the fire, according to the lawsuit. He also had difficulty breathing and suffered headaches, and Jackson wasn’t allowed to return to his home for three days, the complaint says.
The lawsuit alleges Smitty’s Supply Inc. was negligent in allowing the fire to occur and failing to maintain company property in order to keep the stored materials safe and secure. Because the company actions were reckless and deliberate, the plaintiffs are entitled to punitive damages, according to the complaint.
“At all relevant times, the defendant has deliberately engaged in an abnormally dangerous activity by generating, discharging, transporting or allowing the discharge of toxic and/or harmful substances and/or concealing knowledge of same,” the lawsuit says.
