Toledo Business Owner Sues Over Chemical Release
A Toledo business owner has filed a class-action lawsuit against the facility, its parent company, and plant manager following a chemical release incident.
Todd Hartford, owner of Hartford’s Fencing & Landscaping LLC, is suing M.C. Tank Transport, Kenan Advantage Group, Inc., and Albert Dudek (plant manager) for negligence, gross negligence/recklessness, nuisance, and strict liability for abnormally dangerous activities.
The lawsuit, obtained by 13 Action News, stems from an October 20 release of glycidyl methacrylate (GMA), an industrial monomer used in resins, coatings, and adhesives, from a storage tank at the MC Tank Terminal on Progress Avenue. GMA is classified as a probable carcinogen by the World Health Organization’s International Agency for Research on Cancer.
The release prompted a series of safety measures:
- Evacuation: Toledo Fire & Rescue ordered the evacuation of everyone within one mile of MC Tank.
- Shelter-in-Place: A three-mile shelter-in-place order was issued, advising residents to stay inside with windows and doors shut.
These orders remained in effect for over 12 hours, affecting approximately:
- 1,379 residents in 581 housing units within the one-mile evacuation zone.
- 49,527 residents in 22,940 housing units within the three-mile shelter-in-place zone.
- 389 businesses and facilities within three miles of MC Tank, 35 of which were in the evacuation zone.
Hartford claims his home and business were affected by the release, leading to displacement and closure. He seeks class-action status for residents and businesses impacted by the incident.
According to the lawsuit, the defendants' negligence included:
- Failure to maintain the tank's chemical stabilizer.
- Inadequate monitoring of temperature and pressure.
- Improper inspection and maintenance of safety systems.
- Knowledge of the risks associated with the chemical, including potential cancer and explosion hazards.