Residents of Rockton, Ill. say that Chemtool Incorporated is to blame for a June 14 explosion and fire that forced the evacuation of hundreds in the area and was fought by nearly 90 fire departments.
Lead plaintiffs, Stephanie Mackey and Nick Migliore filed the class action lawsuit on behalf of area property owners in the days after the event. They claim that the Chemtool and its parent company, The Lubrizol Corporation, failed to properly store and manage dangerous chemicals stored at the Rockton plant, resulting in the massive explosion. Further, the companies failed to put the fire out efficiently and pollutants are still being discharged from the explosion site, say the plaintiffs.
“In the early hours of June 14, 2021, an explosion occurred at the Rockton Production Center, resulting in an enormous chemical fire that caused a massive toxic smoke and dust plume, visible from more than 100 miles away and detected by weather satellites,” states the class action lawsuit. “In order to combat the fire, personnel, equipment, and other resources from 89 fire departments were dispatched to the scene, including an industrial firefighting organization from Louisiana.”
The plaintiffs say that the 150 evacuated homeowners have been unable to return to their homes, even to pick up medication and personal items. Those further afield were not evacuated, but have been told to avoid going outside because of dangerous particulates from the Chemtool explosion.
They claim that officials have told them not to touch any debris on their property, but to have it removed by professionals and they have been advised against mowing their lawns.
“As a result of the explosion and fire, Rockton residents and others have experienced nuisance-level discomforts (respiratory difficulty, malodorous smell), their properties were covered with debris, and they generally have been impeded from using and enjoying their property, including their outdoor spaces,” say Mackey and Migliore in their complaint.
An “unpleasant odor” hangs in the air and the plaintiffs say they have experienced respiratory issues since the Chemtool explosion. Allegedly, state officials had to ask Chemtool to stop the release of pollutants since the explosion, including sulfuric acid and other particulates.
“Defendants failed to exercise reasonable care to plan for and take sufficient safety and precautionary measures to prevent the explosion and fire, and to extinguish the fire once it began,” alleges the class action lawsuit. “Defendants also failed to exercise ordinary care to prevent particulate matter and other pollutants to be discharged into the community and prevent debris from being deposited into the community.”
Mackey and Migliore accuse Chemtool and The Lubrizol Corporation of nuisance, negligence, and trespass. They want the companies to pay residents damages for the lost use of their property.
Were you affected by the Chemtool explosion? Tell us what happened in the comment section below!
The plaintiffs are represented by Shawn Collins, Edward J. Manzke, Margaret E. Galka and Dayna Smith of the Collins Law Firm PC, and Robert S. Libman, Scott A. Entin, Benjamin Blustein, Nancy L. Maldonado, Deanna N. Pihos, David P. Baltmanis, and Matthew J. Owens of Miner Barnhill & Galland PC.
The Chemtool Explosion Class Action Lawsuit is Stephanie Mackey et al. v. Chemtool Incorporated et al., Case No. 2021-L-0000165, in the Illinois State Circuit Court of the 17th Judicial Circuit, Winnebago County.
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:
4 thoughts onChemtool Blamed for Explosion, ‘Massive Toxic Smoke and Dust Plume’ in Homeowners’ Class Action Lawsuit
Yes. I would like to be included in the Class Action Lawsuit as we were affected by the Chemtool Fire. A friend gave me a paper to fill out but it does not have an address or information as to where I should send it. Please tell me how to join the lawsuit.
Yes. Please add me to the class action against Chemtool. I live in Winfield subdivision just across Rt. 2 from Chemtool. They need to be held accountable. Who knows what effect this could have on the future of our property.
Add me
Add me please