CONYERS, Ga. — Several new class action lawsuits have been filed against the companies connected with the large fire at a Conyers chemical plant over the weekend.
The fire, which was extinguished Sunday, caused a chemical reaction when the sprinkler system malfunctioned, mixing hazardous material on site and releasing it into the air. The entire City of Conyers was evacuated, and a shelter-in-place order was issued for the wider Rockdale County. Surrounding counties reported a chlorine odor and a visible haze in some areas.
The shelter-in-place and evacuation orders were lifted Monday night, but a plume of smoke from the remaining reactive material has lingered into Tuesday. While officials have said air tests have not revealed anything harmful in the air, they warned residents to stay inside if shifting winds sent the plume in their direction.
As officials work to remove the still-reactive material, several attorneys have filed lawsuits in the wake of the fire and the subsequent chemical plume it caused. It's worth noting that all three lawsuits aren't only for the named plaintiffs but a class action in which other people can, and likely will, join.
Atlanta-based law firm Stewart Miller Simmons Trial Attorneys filed a lawsuit Monday against BioLab and KIK Consumer Products on behalf of two Rockdale County residents, Fannie and Albert Tartt.
The complaint alleges that the defendants' negligence and recklessness in operating the plant caused the fire and toxic plume, which affected numerous residential, commercial, and public properties near the facility. The class action includes all owners and lessees of real property in Rockdale County and surrounding communities who were subject to evacuation orders or advisories due to the toxic smoke plume.
The plaintiffs are seeking monetary damages in excess of $75,000 and injunctive relief to remedy the harm caused to their properties.
“Local communities suffer at the hands of corporations who seek to put profits over people," said attorneys L. Chris Stewart and Justin Miller of Stewart Miller Simmons Trial Attorneys. "In this tragedy, the community is not going [to] remain silent and suffer repercussions that will last a lifetime. We will seek justice on behalf of everyone affected, and we will see those responsible in court."
The suit also cites the plant's history of similar incidents and alleges that the companies responsible failed to implement appropriate safety measures to prevent it from happening again.
11Alive previously reported that the EPA investigated a fire at the plant in 2004 and 2016, and the Chemical Safety Board noted a similar incident at the facility in 2020. More than a dozen OSHA violations were also uncovered at the BioLab facility, with most of them deemed "serious."
The latest lawsuits brings the total to nearly 10 lawsuits with six filed in the federal U.S. District Court for the Northern District of Georgia.
Second class action suit filed by Morgan & Morgan
This suit was filed on the same day as the Stewart Miller Simmons lawsuit and is on behalf of Conyers resident Tonya Long and the larger group of impacted residents.
The complaint presents several counts, including: ultrahazardous activities, negligence, willful and wanton conduct, private nuisance, and trespass, arguing that the defendants' actions led to significant exposure to toxic chemicals, causing various damages and emotional distress.
"Defendants’ recklessness has upended the lives of nearly 100,000 Georgians, who must now fear for their health and the habitability of their neighborhoods," the suit reads.
The plaintiffs are seeking both compensatory and punitive damages as a result of the massive fire and chemical plume.
Third class action filed by Goldenberg Schneider, LPA
The suit was filed on behalf of four Georgia residents, Bessie Hollingsworth, Kassey Nicole Goolsby, Ernestine Simmons, and Lisa Wise, and claims that the companies were negligent in maintaining and controlling the facility and the hazardous chemicals that led to the incident.
The plaintiffs seek certification of a class action, including all people and businesses affected by the evacuation or shelter-in-place orders and exposure to the hazardous chemicals.
The suit alleges that the defendants' actions constituted a nuisance, negligence per se, trespass, and strict liability for an ultrahazardous activity.
The complaint also outlines the plaintiffs' personal experiences with the incident, including health issues and economic losses. They allege that the defendants' conduct caused property damage, personal injury, and business interruption.
The plaintiffs request various forms of relief, including compensatory and punitive damages, attorney's fees, and a medical monitoring program to assess the long-term health effects of exposure to the chemicals.
Fourth class action filed
A fourth class action lawsuit was filed, this one in Rockdale County, on behalf of five people -- Rockdale County residents Phillip Hullum, Lori Hullum, Marcus Boss, Makalya Arrington and Thomas Brown -- and they are all seeking compensatory and punitive damages and declaratory and injunctive relief for the consequences of the Conyers BioLab fire.
The lawsuit alleges that BioLab's negligence "produced a catastrophic aerial chlorine and combustion plume in the City of Conyers and well beyond..."
The lawsuit was filed against BioLab and Kik International, the parent company for BioLab.
It also states that members of the class action suit in Rockdale County "suffered personal injury due to exposure to the plume" and that the direct actions of BioLab are to blame. It states that those in the lawsuit lost income and suffered emotional and psychological trauma that will last indefinitely.
The lawsuit mentions that the plaintiffs are owed punitive damages due to the fact that BioLab has had previous safety mishaps and has failed to correct its mistakes, which it describes as to "properly manage, handle, store, transport and transfer dangerous reactive chemicals at the facility, and of using inadequate, outdated and/or defective equipment and safety systems."
Fifth class action filed
A fifth class action lawsuit was filed, this one in federal court, against Kik International and BioLab. The suit was filed by Cheri Forte on behalf of her child who is a minor.
The lawsuit states there are roughly 17,000 members of the class action lawsuit, and the suit is seeking an estimated more than $5 million in damages.
The lawsuit states that the BioLab chemical fire was "foreseeable" due to the number of fires at the facility in years prior. It cited chemical fires at the plant in 2004, 2016 and 2020.
The suit alleges that the defendants' actions constituted a nuisance, negligence per se, trespass, and strict liability for an ultrahazardous activity.
The lawsuit states that the plaintiff began experiencing a bad headache after the fire and that her eyes began itching and burning. The minor told the plaintiff that she could taste and smell the chlorine and that it "smelled like a pool."
It also stated that the smell of the toxic fumes around the plant worsened two days after the explosion.
They alleged that BioLab "was on notice of the substandard practices..." and "failed to adequately respond to the September 29, 2024 fire."
"As a direct and proximate result of (BioLab's) failures, Plaintiffs have suffered and will continue to suffer monetary damages in the form of increased medical care requirements, expenses to clean up toxic substances, diminution of value of their property as a result of a history of chemical disasters due to the operation of the BioLab Plant; and costs and loss of time necessary to investigate the explosion and effects therefrom," the lawsuit reads.
Sixth class action filed
A sixth class action lawsuit was filed on Wednesday, Oct. 2, against BioLab and Kik. The suit was filed By David Tzikas, a resident who lived within seven miles of the facility in Conyers.
The lawsuit also states there are roughly 17,000 members of the class action lawsuit, and the suit is seeking an estimated more than $5 million in damages.
Tzikas accuses BioLab of being reckless and engaging in misconduct for the fire that happened on Sept. 29.
The lawsuit also states that "defendants, alternatively, failed to discover the hazards that resulted in the chemical fire and resulting toxic chemical plume, where such hazards could have been discovered by the exercise of ordinary care and otherwise acted with negligence, utter indifference, recklessness, and willful and wanton misconduct."
Court documents also cited the 2004, 2016, and 2020 chemical fires.
Lawyers for Tzikas added in the document that BioLab failed to prevent the contamination and took the necessary precautions to make sure the "chemicals were not compromised."
Seventh class action lawsuit filed
Another class action lawsuit was filed against the two defendants who own the Conyers BioLab facility. This suit was filed by Nayely Reyes, Ernesto Espenosa, Lofton King, Darrell Phillip, and Jalisa Phillip.
The residents were located in an affected area zone in Conyers and Oxford.
According to the suit, some of the residents evacuated their homes, but still suffered damages and financial losses. One of the residents lost revenue because he could not operate his business during the incident.
The lawsuit claims that BioLab and Kik International were negligent because they failed to exercise care by supervising, managing and protecting the hazardous materials.
It also claims that the companies violated federal and state standards in relation to the handling of the materials. Lawyers for the residents added the companies failed to operate the facility in a manner that would not have caused the chemical reaction to ignite.