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Lawsuit Against Bio-Lab, Inc. and KIK Consumer Products due to Chemical Fire Disaster Impacting Over 90,000 Residents

Lawsuit Against Bio-Lab, Inc. and KIK Consumer Products due to Chemical Fire Disaster Impacting Over 90,000 Residents
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Conyers, Georgia, September 30, 2024 — DiCello Levitt LLP; Barnes Law Group, LLC; Stewart Miller Simmons Trial Attorneys; Miner, Barnhill & Galland, P.C.; and the Collins Law Firm, P.C. filed a lawsuit against Bio-Lab, Inc. and KIK Consumer Products seeking damages for more than 90,000 residents in Conyers, Georgia, and surrounding areas, who have been affected by Bio-Lab’s and KIK Consumer Products’ wrongful conduct.  The lawsuit, brought on behalf of Fannie and Albert Tartt as representatives and a proposed class of displaced and damaged residents, is now pending the United States District Court for the Northern District of Georgia.

On September 29, 2024, according to Rockdale County Fire Chief Marian McDaniel, a fire ignited at Bio-Lab’s Conyers facility and a sprinkler head failed, spraying water onto a fire that contained water-reactive chemicals and causing a gaseous and toxic plume. The plume and toxic chemicals required the evacuation and shelter-in-place of tens of thousands of residents.

“As a result of the Defendants’ reckless and egregious conduct, residents of Conyers and the surrounding areas have suffered significant property and other damage and have been forced to evacuate and shelter-in-place,” said Daniel R. Flynn, Chair of DiCello Levitt’s Environmental Litigation practice group. “What’s especially egregious is that the defendants have been here before—having exposed this community in a similar fashion over the past 20 years. The Defendants, not the community, should bear the costs of the defendants’ conduct,” Flynn added.

“Citizens trust that, when companies are handling potentially toxic and dangerous chemicals, they take the utmost care to ensure that people don’t get hurt,” said former Governor Roy Barnes, who also serves as plaintiffs’ counsel.  “The people of Conyers trusted the defendants to keep them safe, and the defendants abused that trust.  This never should have happened.”

“Preventable environmental disasters are one of the biggest threats to our society,” said attorneys L. Chris Stewart and Justin Miller of Stewart Miller Simmons Trial Attorneys.  “Local communities suffer at the hands of corporations who seek to put profits over people.  In this tragedy, the community is not going remain silent and suffer repercussions that will last a lifetime.  We will seek justice on behalf of everyone affected and we will see those responsible in court.”

The lawsuit asserts claims for negligence, nuisance, and trespass, alleging that as a result of the preventable fire and toxic smoke and dust plume, Plaintiffs and the class have suffered property-related damages, including but not limited to loss of use and enjoyment; investigation, cleanup, and remediation costs; loss of profits; and diminution of property values.

The lawsuit is Fannie and Albert Tartt v. Bio-Lab, Inc. and KIK Consumer Products Inc. and it was filed in the United States District Court for the Northern District of Georgia.

A press conference will be held on Tuesday, October 1, at 11:00 am ET. A copy of the complaint will be provided at the press conference.

About DiCello Levitt

At DiCello Levitt, we’re dedicated to achieving justice for our clients through class action, environmental, mass tort, securities, financial services, antitrust, business-to-business, public client, whistleblower, personal injury, and civil and human rights litigation.  Our lawyers are highly respected for their ability to litigate and win cases—whether by trial, settlement, or otherwise—for people who have suffered harm, global corporations that have sustained significant economic losses, and public clients seeking to protect their citizens’ rights and interests. Every day, we put our reputations—and our capital—on the line for our clients.

DiCello Levitt has achieved top recognition as Plaintiffs Firm of the Year and Trial Innovation Firm of the Year by the National Law Journal, in addition to its top-tier Chambers and Benchmark ratings. For more information about the firm, including recent trial victories and case resolutions, please visit www.dicellolevitt.com.

About Barnes Law Group

The attorneys at Barnes Law Group have the unique charge of Making It Right for the citizens of Georgia and clients across the country. Our team is made up of the best legal minds in Georgia. Our attorneys and experienced staff have spent decades working in the public, private, and nonprofit sectors on behalf of those who have been wronged by others’ actions. Their individual talents combine to form one of the most powerful and experienced groups of litigators on the side of consumer advocacy and the rights of the individual.

We pride ourselves on being a small firm that provides exceptional service to its clients. While offering all the benefits of a small firm, the Barnes Law Group also has the talent and resources to level the playing field and relentlessly pursue justice for its clients. We stand with you every step of the way, seeking justice for our clients. As a result, Barnes Law Group is highly regarded as a top national law firm that gets results.  For more information, visit www.barneslawgroup.com.

About Stewart Miller Simmons Trial Attorneys

Atlanta-based Stewart Miller Simmons Trial Attorneys has handled numerous high-profile wrongful death cases and specializes in personal injury, premises liability, sexual assault and civil rights cases around the U.S.  Led by attorneys L. Chris Stewart, Justin Miller and Madeleine Simmons, Stewart Miller Simmons Trial Attorneys won the first-ever billion-dollar jury verdict involving a sexual assault victim.  For more information visit www.smstrial.com or call (844) TRIAL-00.

About Miner, Barnhill & Galland, P.C.

Founded in 1971, Miner, Barnhill & Galland, P.C. represents a broad range of individual, government, non-profit and corporate clients with offices in Chicago, Illinois, Madison, Wisconsin, and Los Angeles, California. The firm is nationally known for its class action and complex civil litigation practice in the public interest including environmental protection, civil rights, consumer protection, and government fraud.  Its environmental practice includes representation of state and local governments, individuals, classes, and organizations in litigation to ensure clean air and water, and consultation with advocacy groups and non-profits on pollution and contamination issues.  MBG recently served as co-lead counsel for a class of thousands of Illinois residents alleging that a fire and explosion at a grease and lubricant manufacturing facility caused a variety of property-related damages, obtaining a $94.5 million settlement for the class.  MBG also served as lead counsel for a class of over 10,000 Iowa residents, alleging that a wet corn mill’s air emissions interfered with the use and enjoyment of their properties, obtaining a $51.5 million settlement for the class.  MBG has represented the Sierra Club in a number of matters alleging violations of clean air laws.  MBG currently serves as lead counsel in a class action on behalf of residents near Pittsburgh alleging that a fire at a steel production facility interfered with the use and enjoyment of their properties.  MBG attorneys have also been appointed as Special Assistant Attorneys General by a number of states in litigation against corporate wrongdoers.  Distinguished MBG alumni include a MacArthur Foundation fellow, several law professors at leading American universities, a U.S. District Court Judge, a Seventh Circuit Court of Appeals Judge, and President Barack Obama. For more information, visit www.lawmbg.com or call 312-751-1170.

About The Collins Law Firm, P.C.

Founded in 1992, The Collins Law Firm quickly established itself as one of the Chicago area’s premier sources of legal representation for victims of negligent, reckless and malicious acts. Since its founding, the firm’s attorneys have been recognized as Super Lawyers, Leading Lawyers, Best Lawyers, and Top 100 Trial Lawyers. The firm has represented hundreds of clients and secured $904 million in settlements and verdicts for them. For the last three years, the firm has been recognized both nationally and regionally as a Best Law Firm by U.S. News & World report and Best Lawyers. Only a few thousand firms out of more than 400,000 in the United States earn national recognition.

There are very few law firms throughout the country that represent plaintiffs in class action “toxic tort” cases; Collins Law is proud to be one of this select group of attorneys.  The firm has decades of experience representing victims of groundwater contamination, air contamination and vapor intrusion. The firm also handles individual toxic tort cases for people who have contracted cancer due to environmental exposure and property damage cases for neighborhoods impacted by toxic air, water or ground contamination. The firm has recovered more than $550 million for its environmental clients because the firm’s attorneys have the experience, resources and deep knowledge of the complex scientific issues at the heart of these environmental contamination cases.

Media Contact

Ryan Julison: (321) 377-6877 or ryanjulison@gmail.com.

Gadiel Castro-ZapataLawsuit Against Bio-Lab, Inc. and KIK Consumer Products due to Chemical Fire Disaster Impacting Over 90,000 Residents