PARKERSBURG, W.Va. — A federal judge has dismissed all but one claim made in a class action lawsuit filed following the IEI warehouse fire in south Parkersburg last October.
U.S. District Judge Thomas Johnston, in an order filed Friday, dismissed seven of eight claims made in the lawsuit by residents living near the plant that burned for several days.
Warehouse owners attorney Mike Hissam, who made the motion to dismiss, praised Johnston’s decision in a statement to MetroNews Saturday.
“We are grateful that the Court’s ruling recognized that the vast majority of the claims in this case lacked merit,” Hissam said.
Johnston’s order dismissed the counts of public nuisance, private nuisance, negligence, gross negligence, trespass, medical monitoring and unjust enrichment. He left the count alleging negligent infliction of emotional distress as part of the lawsuit.
The fire, which burned for eight days, produced 40,000 tons of burned material. Gov. Jim Justice issued a check to Wood County officials in early December for $1.466 million to reimburse them for expenses related to fighting the fire.
Several lawsuits were filed in the days following the blaze. They were eventually moved to federal court. The defendant in the case is Saurabh Naik, who owns several companies including Intercontinental Expert Import Inc., which is based in Maryland.