A class action lawsuit has been filed in the Northern District Court of Georgia against Brenntag North America, Inc. for violations of property law. Class members seek damages, attorney's fees and costs.
Specifically, the complaint alleges that Brenntag owns and operates a chemical processing plaint in the Mullin Industrial Park in East Point Georgia which contains approximately 5,000 gallons of glacial acetic acid, with an alcohol additive. On December 15, 2004, a tank developed a leak, allowing the acetic acid to flow out of the tank dispersing a large cloud of fumes into the atmosphere. This caused a mandatory evacuation of everyone in 1.5 mile radius of the plant.
The fumes from the leak caused damages to persons, property, plants, and animals in its path. This caused those involved to have suffer damages including personal injuries, emotional distress, fear and fright, property damage, loss of income, business interruption, out of pocket expenses, evacuation and inconvenience.
The plaintiffs allege negligence, strict liability, nuisance, and trespass.