The original complaint was filed April 7, 2003 — less than four weeks after the thunderous blast and resulting fire that displaced nearly 1,000 people for a week — on behalf of anyone who, on the day of the explosion, lived within 1,000 yards of the Able fuel depot in Rockaway, New Jersey.
In her decision, Superior Court Judge Karen Russell ruled essentially that a class action is likely the best way to address the many outstanding grievances against Able — as opposed to dealing with hundreds of small claims.
"The court is aware that individual claims may involve too small an amount to warrant recourse in litigation. Therefore, the wrongs would go without redress," Russell wrote. "Thus, an advantage to certification as a class action is that resources are made available to the parties who may not otherwise be capable of asserting their legal rights."
The case can now move forward," said one of the New Jersey attorneys that filed the case. "Anyone who wants to participate (as a member of the 'class') now can sign on."
After the Judge ok'd class action status, about 75 people have joined the case in addition to the three listed as plaintiffs in the original complaint.
The March 14, 2003, explosion was triggered during an illegal transfer of propane from a larger truck to a smaller one. When the driver of the small truck pulled away before the procedure was completed, a hose disconnected and released a propane cloud which ignited.