Certificate of discovery filed in $1M toxicity report suit

David Yates Mar. 29, 2011, 3:38am

A certificate of discovery was filed Friday in litigation alleging a pair of chemical testing companies falsified levels of toxic contaminants.

Seeking more than $1 million in damages, Martin Product Sales filed suit against Camin Cargo Control and Chemtex Environmental Laboratory on Dec. 19, 2008, in Jefferson County District Court.

Court records show Martin sold 1,400 metric tons of sulfuric acid after Camin and Chemtex allegedly falsely reported there were no undesirable contaminants in the sulfuric acid.

Martin had planned to sell 1,400 metric tons of sulfuric acid and hired Camin to sample, analyze and test the sulfuric acid to reveal whether it contained appreciable levels of commercially undesirable contaminants, such as highly toxic mercury, and to reveal any contaminants it did find.

Only after delivering the contaminated sulphuric acid to its customers did Martin Product Sales learn of the incorrect certification, the suit states.

On March 25 Martin filed a certificate of written discovery, notifying the defendants that it completed a discovery request for disclosure and production.

Martin Product Sales claims it has sustained direct and consequential damages of at least $1.35 million.

The suit alleges Camin and Chemtx breached their contract and warranties by failing to properly sample, test and analyze the sulfuric acid.

Ronald L. White and Salvatore P. LoPiccolo II of White, MacKillop and Gallant in Houston are representing the plaintiff.

The defendants are represented by Beaumont attorneys Don Lighty and Bill Richey.

Judge Bob Wortham, 58th District Court, is presiding over the litigation.

Case No. A182-887

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