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Morning Journal News (Lisbon, Ohio): Shell Oil, Von Roll named in Negley man’s lawsuit

By TOM GIAMBRONI Journal Staff Writer

LISBON — Sunday, August 19, 2007 — Time: 3:22:56 AM EST

The Shell Oil Co. is among other companies being sued by a Von Roll employee injured in an August 2005 explosion at the East Liverpool hazardous waste incinerator.

The personal injury lawsuit was filed earlier this month in Columbiana County Common Pleas Court by Jimmie L. Jones II, South Front Street, Negley. Also listed as a plaintiff is Casey Jones.

The lawsuit was filed against the Shell Oil Co. and four other Shell entities, two transportation companies, and Von Roll America, the East Liverpool hazardous waste incinerator for whom Mr. Jones worked. It was formerly known as Waste Technologies Industries.

Mr. Jones was burned by a waste container explosion which occurred at the plant on Aug. 11, 2005.

This is the second lawsuit filed on the matter. Mr. Jones’ attorney filed a lawsuit in January against Von Roll seeking access to records and documents related to the waste involved in the explosion. The purpose of the January lawsuit was to obtain information needed to file the personal injury lawsuit.

The January lawsuit said it was seeking the information because the attorney believed the “packaging, labeling, designation, identification, concentration and/or other condition of the waste caused or contributed to the explosion.”

That lawsuit alleged Von Roll’s attorney failed to provide the requested information, which is the reason the initial legal action was taken.

On July 11, Judge C. Ashley Pike ruled that he was told information about the drum and where its contents came from was being released. Pike ordered Von Roll to supply copies of any accident incident reports, with the records to be kept under court seal. The judge was to examine the reports to determine what, if any, of the records were applicable to the lawsuit.

A month after Pike’s ruling, the personal injury lawsuit was filed, which seeks more than $25,000 in damages from each of the defendants, which is the threshold set by law.

Von Roll is accused of being aware that certain waste was more dangerous than represented and was undergoing a chemical reaction that could result in an explosion. Shell is accused of being negligent in the formation, labeling, handling and transporting of the waste.

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