Opening arguments presented in latest chemical release case

BY ELEANOR EVANS

THE DAILY NEWS

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FRANKLINTON - Nearly eight years after a union tank car exploded outside of Gaylord Chemical, releasing a cloud of nitrogen tetroxide into a part of Bogalusa, opening statements began Tuesday for the trial against Gaylord Chemical, Gaylord Container and Union Tank Car.

During opening statements, plaintiffs' attorneys claimed that the chemical had been contaminated by water left in the tank car for a period of 7-10 days, that, in combination with corroded pipes in the car, resulted in the creation of contaminated nitrogen tetroxide that caused the explosion.

Plaintiffs' attorneys also claimed Union Tank Car neglected to investigate the corrosion of the pipes and had one month before the explosion to inform Gaylord of the car's impending dangers.

The attorneys claimed the corrosion occurred because Union Tank Car neglected to use Teflon packing required by the federal government in 1985 for handling five chemicals including nitrogen tetroxide.

Attorneys for the plaintiffs stated that Gaylord neglected to take appropriate precautions in case of such an event, and neglected to inform the community of the type of chemical that was released.

Plaintiffs allege that Gaylord appointed Vicksburg Chemical, the sole manufacturer of nitrogen tetroxide in the U.S., as the emergency response team without informing Vicksburg Chemical of their duties.

The plaintiffs claim this explosion caused permanent health conditions directly related to the chemical release.

Defense attorneys stated that neither Gaylord Chemical nor Union Tank Car were responsible for weighing, loading, and testing samples from the railcar.

Attorneys claim those responsibilities are held by Vicksburg Chemical.

According to the attorneys, Union Tank Car met government specifications regarding the packing of the railcar when it was specifically converted to a nitrogen tetroxide car in 1982.

Defense attorneys also claimed that as the only manufacturer of nitrogen tetroxide, Vicksburg Chemical had the "premiere" emergency response team for handling a chemical release and that the company was aware that it was assigned as such to Gaylord.

Eighteen randomly selected representatives of the 15,981 class action plaintiffs will testify on their behalf over the next 10-12 weeks.

Gaylord attorneys claimed during opening statements that none of the fifteen representatives claiming medical injury have incurred health conditions directly related to the release.

The remaining three have claimed "fear, fright" and economic loss and evacuation expenses as a result of the explosion.