She Smelled the Chemicals Before the Evacuation Order — Now She’s Suing M.C. Tank in Federal Court
An Erie, Michigan resident has filed a federal class-action lawsuit over the Oct. 20 glycidyl methacrylate release at M.C. Tank’s facility in North Toledo — the third proposed class action over the leak.
Kathy Thiede, who lives 2.1 miles from the M.C. Tank terminal at 1266 Progress Ave., says she smelled a strong metallic/acidic odor at her home the evening of Oct. 20, before officials issued the shelter-in-place order. She filed suit Oct. 28 in the U.S. District Court for the Eastern District of Michigan.
The suit, Thiede v. M.C. Tank Transport, Inc., et al., names M.C. Tank Transport Inc. and its parent company, The Kenan Advantage Group Inc. It seeks to represent Ohio and Michigan residents who lived within 15 miles of the facility between Oct. 20–23, claiming loss of use of homes, evacuation expenses, lost wages, cleanup costs, and property damage.
It follows an Oct. 23 suit in Lucas County and a second suit filed Oct. 26. Allegations are unadjudicated and no class has been certified.
Background: the EPA ended air monitoring Oct. 26 with no exceedances of screening levels; Ohio EPA took over cleanup oversight Oct. 27; the mayor attributed the release to employee error; 57 people were hospitalized.
Earlier ToledoBuzz coverage: Toledo Chemical Leak Cost You Money? Here’s How to File a Claim With MC Tank and Attorneys Warn: Don’t Sign MC Tank Releases Blindly — Read Every Word First.
Sources: Monroe News, WDIV/ClickOnDetroit, Fostoria Free Press, Dubin Law.
Photo: Joe Gratz (CC0), via Wikimedia Commons.