A Texas City business initiated legal action against The Dow Chemical Co. and Union Carbide Corp., claiming property damage from a toxic plume release.

In a lawsuit filed Sept. 30 in the Galveston County 212th District Court, Yode Investments asserts the defendants “released or caused to be released an underground plume of six toxic chemicals that entered (its) property” at the intersection of Highway 146 and FM 1765 on May 1 earlier this year.

The suit shows that the chemicals in question released were: 1,2-dichloroethane, cis-1,2-dichloroethane, trnas-1,2-dichloroethane, 1, 1, 2-trichlorethane, trichloroethane and vinyl chloride.

“The chemicals released by the defendants poisoned the ground and water,” the original petition says. “Only after the toxic plume had already crossed onto the plaintiff’s property, the defendants approached the plaintiff and requested an easement.”

Dow and Union Carbide are accused of negligence, trespassing and causing injury to the complainant which resulted in substantial damages, including decreased property value and lost profits.

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

It is represented by attorneys Tony Buzbee and Andrew Dao of The Buzbee Law Firm in Houston.

Galveston County 212th District Court Case No. 15-CV-1057

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