Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Superior Refining Co. has agreed to a $1.05 million settlement with residents of the Wisconsin town of Superior who had to evacuate their homes for 18 hours after the explosion of the company’s Husky Energy refinery.
The residents will be eligible for $150 each if the settlement of their Superior Refining Co. class action lawsuit is approved by a judge in the U.S. District Court for the Western District of Wisconsin, Yahoo reports.
In April 2018, an explosion at Husky Energy refinery forced thousands of Superior residents to evacuate their homes due to a fear of a hydrogen fluoride release. The explosion was likely caused by a faulty valve at the refinery, which caused a fire. Luckily, no hydrogen fluoride escaped its tank.
Jasen Bruzek, Hope Koplin, and Christopher Peterson filed a class action lawsuit alleging that Superior Refining had been negligent, and said that while the company allowed evacuees to file claims for evacuation expenses, including transportation, lodging, and lost wages — as well as separate claims for bodily harm — the reimbursements were “skewed” to people who could afford the up-front costs of a hotel room, Yahoo reports.
One resident said in the Superior Refining Co. class action lawsuit that he was unable to afford a hotel after the Husky Energy refinery and instead, spent the night in Canal Park with his family. Another said his children’s school was canceled the next day, forcing his wife to miss work and lose wages, according to the claim.
- Gordon Rudd, Jr., the attorney for the plaintiffs, told Yahoo that although the case “meritorious,” it could have been difficult to prove in trial, with the court saying that “Class Representatives may need to obtain individualized evidence of causation and damages.”
“Such a process would increase the possibility that class members may not participate due to the burden of trial compared to the relatively small individual awards or that class members who do participate lack sufficient evidence of their losses,” attorneys wrote.
According to court documents, 21,000 people over 18 will be eligible to file a claim in response to the Husky Energy refinery explosion, but the settlement funds will only cover 5,833 claims at $150 per person, with households eligible for up to $300. Under certain circumstances, individuals may receive up to $200 and households up to $400.
The settlement fund will be split three ways with $875,000 going towards individual claims; $169,000 going towards administrative and notice costs, including mailers and advertisements; and $6,000 going to the three class representatives. Any leftover funds up to $75,000 will go to the Superior Douglas County Family YMCA.
Superior Refinery said it will “fully support” the settlement though it does not agree with the plaintiffs’ characterization of the case’s facts and procedural history, Yahoo reports.
“(Superior Refining Company) refutes that it was negligent or that its actions caused the explosion, and would vigorously defend itself throughout the remainder of this litigation,” the company said.
Do you think $150 is a fair price for having to evacuate your house for 18 hours? Let us know in the comments section!
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Should You File an AFFF Foam Lawsuit?
- Chemtool Blamed for Explosion, ‘Massive Toxic Smoke and Dust Plume’ in Homeowners’ Class Action Lawsuit
- St. Croix Oil Refinery Emits Toxic Chemicals, Class Action Lawsuit Alleges
- South Carolina Paper Mill Pollutes Local Area, Causes Rotten Egg Smell All for Profits, Class Action Lawsuit Alleges
