A lawsuit representing three citizens, a firefighter and a sheriff’s deputy has been filed in Lake County Circuit Court seeking damages in connection with the Beach Park ammonia spill in April.
The suit was filed last week in connection with the April 25 incident that sent more than 40 people, including fire and police personnel, to the hospital and required a one-mile area be cordoned off where residents were told by authorities to shelter in place or were evacuated.
The filing was made by attorneys with the law firm of Romanucci & Blandin, LLC, which has also been involved in suits related to the emissions from the Sterigenics International plant in suburban Willowbrook.
“As a result of this toxic spill, each of our five plaintiffs, including first responders, were exposed to dangerously high levels of anhydrous ammonia and immediately began to feel the effects,” said Antonio M. Romanucci, founding partner of the firm.
“While they have all been treated, several are still suffering and in need of regular medical attention — especially as the long-term effects of the exposure are still in question,” he added.
The lawsuit seeks the jurisdictional minimum of $50,000 and attorney fees, but attorney David Neiman said Thursday that “we are seeking significantly more than $50,000.”
Neiman added that his firm believes this is the first lawsuit filed in connection with the Beach Park spill.
The plaintiffs include residents Anthony Avona, Veda Reed and Cheryl Hardy-Brown; Lake County Sheriff Deputy Marcus Bernardy; and Beach Park Fire Department Firefighter Thomas Stall.
Neiman said they were all in the hospital the day of the incident, and one was transferred to the intensive care unit of a local hospital and was there for a few days.
“They are still dealing with debilitating injuries,” Neiman said.
According to the Centers for Disease Control and Prevention, anhydrous ammonia is a colorless gas that can cause breathing difficulties, burns, blisters and is fatal if breathed in high concentrations. Individuals handling and applying anhydrous ammonia should be trained and are required to inspect all equipment to insure it is in good operating condition.
The CDC says the substance is used as a fertilizer and an industrial refrigerant.
Named in the suit are the driver of the tractor that pulled tanks of the fertilizer along Green Bay Road at Clarendon Street in Beach Park when the ammonia escaped.
John Kevek Farms Inc. of Pleasant Prairie is also named as the driver’s employer, according to the suit. An attempt to reach Kevek Farms for comment late Thursday was not successful.
The suit alleges that the plaintiffs were “guilty of willful and wanton conduct in carelessly allowing anhydrous ammonia to emit from (their) tanks notwithstanding (their) knowledge that anhydrous ammonia is toxic, poisonous, and causes adverse medical issues.”
According to the suit, an estimated 80% of reported incidents of release of anhydrous ammonia is the result of improper procedure, lack of knowledge or training, and failure to follow proper safety precautions.
Individuals handling and applying anhydrous ammonia should be trained and are required to inspect all equipment to insure it is in good operating condition, according to the suit.
The leak occurred around 4:30 a.m. April 25 when tanks containing anhydrous ammonia began to leak while being towed by a tractor on Green Bay Road, according to authorities. Of the people who went to area hospitals following the leak, 11 were firefighters, two were sheriff’s deputies and one was a police officer.
The day after the spill, investigators from the National Safety Transportation Board arrived in Beach Park to start an investigation that a spokesman said could take up to a year.
In early May, the Lake County Health Department and the CDC announced that personnel were going door to door in the one-mile radius of the leak to investigate the extent of its health impacts.
