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The owner of the former plastics recycling company in Richmond where a massive industrial fire took place in April is seeking dismissal of a class-action lawsuit against him and the company.
Seth Smith and Cornerstone Trading Group LLC claim they are not liable for damages because the property was at least partially owned by the city.
The fire broke out April 11 at the building, which the city said was stacked wall-to-wall with plastic materials, as well as containers outside that also contained plastics. The blaze sent plumes of black smoke into the air as well as debris that was found several miles away, including into parts of Ohio.
The state fire marshal’s office said air quality tests revealed asbestos in some of the debris. Some 1,500 people were displaced from their homes as a result of an evacuation order that stayed in place for five days.
A cause of the fire has still not been determined, but Richmond Mayor Dave Snow said at the time the fire was the responsibility of Smith, whom he called a “negligent business owner.”
The class-action lawsuit was filed April 20 in Wayne Superior Court by residents Tushawn Craig and Marquetta Stokes, who live in the evacuation zone, as well as Limitless Pallets LLC.
In its complaint seeking a dismissal of the suit, Cornerstone said the city was aware that the company was operating in the building and “had complete knowledge of whatever dangerous conditions may have existed at the property, including asbestos in various portions of the structure.”
The defendants said the city assumed “all legal, environmental and other responsibility” by acquiring the property.
“The City of Richmond, had it desired to cause Cornerstone Trading Group, LLC to be evicted from the premises, could have easily done so by filing a legal action to that effect, but failed to do so,” Cornerstone said in its complaint.
Cornerstone said it did not start the fire or create any conditions that would have caused the fire to occur, also noting that the city had disconnected power to the building.
A hearing for the defendants’ motion to dismiss has been scheduled for Oct. 11 at the Wayne County Courthouse. A preliminary pretrial hearing had previously been set for Nov. 8.
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