Beach Park Chemical Leak Lawsuits Filed Against Driver, Employer

WAUKEGAN, IL — Five people injured in the April 25 chemical leak in Beach Park have filed a lawsuit against the tractor driver and the farm that employed him. Two tankers of anhydrous ammonia began leaking shortly around 4:25 a.m. on Green Bay Road at Clarenden Street while being towed by a tractor to a nearby farm. The resulting toxic cloud sent 37 people to the hospital, including 11 firefighters and three police officers, authorities said.

The plaintiffs on the suit include a Beach Park firefighter, a Lake County sheriff's deputy, a woman who drove through the cloud and a pair of residents exposed at their nearby homes. Their complaint says the 59-year-old Racine County man towing the tanker was negligent and his bosses at John Kevek Farms, of Pleasant Prairie, Wisconsin, failed to properly train him. Both were accused of disregarding the safety of those living and travelling in the area, according to the suit filed May 23 in Lake County Circuit Court.

More than 40 people suffered "serious, preventable injuries as a result of [John Kevek Farms' and its driver's] carelessness and utter disregard when transporting anhydrous ammonia, allowing it to leak into the atmosphere wreaking havoc," according to the suit.

An image captured from a deputy's body camera showed what appeared to be a fog sitting just above the road before sunrise. Audio from 911 calls suggests dispatchers first believed the reports of the toxic plume to be the result of a car fire, and the firefighter and sheriff's deputy's suit notes they were dispatched to what had been described as a "vehicle fire" when they encountered the cloud of fumes.

"As a result of this toxic spill, each of our five plaintiffs, including first responders, were exposed to dangerously high levels of anhydrous ammonia and immediately began to feel the effects," said the plaintiff's attorney, Antonio Romanucci, in a release. "While they have all been treated, several are still suffering and in need of regular medical attention — especially as the long-term effects of the exposure are still in question."

The sheriff's deputy named in the suit, a 29-year-old Gurnee man and seven-year veteran of the office, was the first officer to arrive on scene. He told the Daily Herald he and a sergeant found a man on the ground who had crashed into a ditch after being stricken by the fumes, as well as the tractor driver and a nearby woman. He escorted them from the scene.

Exposure to the chemical can cause burning of the skin and serious respiratory problems. It can be fatal when inhaled. More than half a dozen people were initially listed in critical condition, and two remained hospitalized for close to a week after the incident. The suit said an estimated 80 percent of reported anhydrous ammonia releases are due to improper procedure, lack of training or failure to follow safety precautions.

According to the Illinois Fertilizer and Chemical Association, fewer than 10 of the 28,000 tanks in the country leak every year. In this case, it appeared that the hose on the tanker was connected at the time of the leak, which can be dangerous and is forbidden under Illinois law while the substance is being transported on public roads, WGN reported.

The five plaintiffs were represented by Chicago-based Romanucci & Blandin, which recently merged with the Highland Park-based firm of Baizer, Kolar & Neiman. A case management conference has been set for July 18 on their suit.

Two other people have filed lawsuits against John Kevek Farms and its driver. One was a Lake County man who was exposed to the chemical after driving past the tankers and began to cough up blood a short time later, according to his suit. He immediately drove himself to a hospital, where medical personnel determined the ammonia had caused "great damage to his body," it said. The other plaintiff's lawyer did not immediately respond to a request for more information, which will be added when received. John Kevek Farms has not commented on the lawsuits.

On June 11, the National Transportation Safety Board announced preliminary findings of their investigation into the incident. A hazardous materials team from the Lake Forest Fire Department found some valves fully open and the supply hose disconnected, according to the NTSB. The team was able to secure the scene and close the liquid withdrawal valves to stop the release.

Related:

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2 People Still Hospitalized From Beach Park Ammonia Leak: Sheriff »
Health Department: Beach Park Chemical Spill Health Investigations Continue »