HOUSTON — A Harris County resident is alleging negligence and other claims against Lubrizol Corporation after she suffered injuries from the plant's chemical leak near her home in Deer Park.
Merri Haley filed a complaint Sept. 3 in Harris County District Court against The Lubrizol Corporation alleging liability, negligence, battery and other claims.
According to Haley's complaint, she was at her residence in Deer Park on Aug. 15, 2021, which is located near the Lubrizol chemical plant. She claims that while Lubrizol employees were preparing a rail car of chemicals for unloading the stored material began to break down and cause an "offsite odor release." Haley further alleges the toxic chemicals released entered into homes and businesses in the area which caused her to suffer nausea, headaches, a sore throat, hoarseness, cough and shortness of breath.
She claims Lubrizol conducted an "abnormally dangerous" activity on its property which caused a significant risk of physical harm due to chemicals that included hydrogen sulfide and mercaptan. She further claims Lubrizol knew or should have known of the danger, owed a duty to the public to make the premises and the surrounding community safe and failed to warn of the chemical leak in a timely fashion. Haley also claims Lubrizol's actions constitute battery and assault for causing the harmful chemicals to make contact with her and causing her injuries.
Haley seeks monetary relief of less than $75,000, interest, trial by jury and all other just relief. She is represented by Adam Funk of The Potts Law Firm LLP in Houston.
Harris County District Court case number 2022-56013