EDWARDSVILLE – Residents living near a Phillips 66 refinery in Roxana claim that they were exposed to toxic chemicals as a result of the company's negligence.
Plaintiffs Brittney Butler, David Williams and Tim Thomas filed a lawsuit in the Madison County Circuit Court against Philipps 66 Company, Veolia Energy North America Holdings, Inc., The Lemm Corporation Operations and Norfolk Southern Railway Company, citing negligence.
According to the lawsuit, the plaintiffs resided near the Phillips 66 refinery in Roxana. The lawsuit alleges that between May 24 and May 25, 2021, employees of Veolia Energy and The Lemm Corporation were working under contract with Phillips 66 when their loaded rail cars leaked sulfuric acid at its railway transfer station near the plaintiffs' residences. The plaintiffs claim the rail cars were overfilled with the toxic substances and that the contents became pressurized. The defendants allegedly failed to properly inspect and maintain the rail cars and created a dangerous condition, which they did not inform the plaintiff about. The Norfolk Southern Railway company is included in the lawsuit because the company owned and operated the transfer station where the rail cars were stored.
The lawsuit states that on June 3, 2021, the over pressurized rail cars began to leak sulfuric acid into the air and onto the plaintiffs' residences, which they subsequently inhaled.
The plaintiffs claim that as a result of having inhaled the toxic substance, they have suffered severe injuries including headaches, change in taste and smell, impaired vision, injuries to throat and chest, difficulty breaking, vomiting and teeth sensitivity. They also claim they are now at an increased risk for lung cancer. The plaintiffs add that they have incurred medical expenses and will continue to require the services of medical staff to recover.
The plaintiffs are seeking damages in excess of $50,000, plus interest, court costs and any other relief the court deems proper. They are represented in this case by attorneys Michael P. Glisson and Timothy Chartrand of Williamson, Webster, Falb & Glisson in Alton.
Madison County Circuit Court case number 2023LA000071