Late July trial set for $1M suit over toxicity report

David Yates Jul. 11, 2011, 11:33am

A case alleging a pair of chemical testing companies falsified levels of toxic contaminants will most likely go to trial later this month.

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.

The case's presiding judge, Judge Bob Wortham of the 58th District Court, told the Southeast Texas Record on Monday that the case will most likely go to trial on July 25, since it doesn't appear that the parties are close to reaching a settlement.

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.

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.

Case No. A182-887

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