What to Know
- Years before a toxic fire, the owner of the facility was cited for environmental health violations.
- Regulators say complex rules about operations for hazardous materials sites leave residents in danger.
- Tens of thousands of California residents live nearby small facilities that use hazardous materials.
Citing "reckless and careless ownership," a lawsuit filed Tuesday claims the actions of metal recyclers led to a destructive fire in Maywood that endangered residents living nearby and created a public health emergency.
The lawsuit filed in Los Angeles Superior Court on behalf of 131 residents alleges three businesses and two owners that operate with hazardous materials were negligent, reckless and careless. It seeks an undisclosed amount of money for emotional pain, suffering, fear, anxiety and distress.
"A lot of them are exceedingly frustrated, not only because it happened in their backyard, but because defendants were negligent, careless, without concern for the neighborhood they're in or the community that surrounds them," said attorney Jim Pettis. "Residents are also upset at regulators. They feel like they should be protected."
The fire erupted at Panda International Trading Co. on June 14, prompting 300 residents to evacuate and sending noxious fumes, ash, dust and smoke into the sky. The fire was especially destructive due to magnesium, which exploded when firefighters sprayed it with water.
An NBC4 investigation found that Panda's owner, Da Xiong "David" Pan, who is named as a defendant in the lawsuit, had faced health and safety violations from 2013, and a week before the fire, inspectors had cited a second business at the same location for operating without a permit.
Pan's attorney, Salvatore Coco, said he welcomes the lawsuit and hopes it helps residents get answers they deserve. The cause of the so-called Fruitland Magnesium Fire is undetermined. Investigators could not conduct a proper investigation because the fire was so destructive and dangerous, with hotspots smoldering for days, officials said.
"This is a step in the right direction because much has to be done in order to determine exactly what happened and who is responsible," Coco said in an email. "This complaint will act as the catalyst needed in order to get the necessary research, investigation, and discovery done. I look forward to being a part of this. The people of Maywood deserve some answers, and I do not believe that the government has done what is necessary in order to get to the bottom of this."
Residents, meanwhile, have been dealing with the fallout from the June 14 fire for months. Just last week, the U.S. Environmental Protection Agency began cleanup.
Yesenia Jaramillo, who is one of the plaintiffs named in the complaint, said she and her family are keeping all their doors and windows closed to limit the noise and smell as the cleanup goes on.
She said the smell is still bad, mostly in the morning and at night. The EPA representative told her workers are putting water on the piles to limit the impacts to the surrounding neighborhood.
Jaramillo said her 19-year-old daughter has been nauseous on and off since the fire. She told NBC4 it starts with a headache, dizziness, and she feels like throwing up, all symptoms she's had since the fire.
Even though Jaramillo said she is planning on moving, she sees the filing of the complaint as a chance at a new beginning.
"Finally, there is good news," she said. "I hope that all of my tears and frustrations, that they pay for all the damage they've done."
