$1M toxicity report case goes to trial

David Yates Jul. 25, 2011, 8:51am

A civil case alleging a pair of chemical testing companies falsified levels of toxic contaminants has gone to trial.

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.

Jury selection in the case began on Monday, July 25, in Judge Bob Wortham's 58th District Court.

A court official told the Southeast Texas Record that the case is expected to last two weeks.

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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