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Local Residents Sue Martinez Refining Company Over Thanksgiving Day 2022 Toxic Chemical Release

Local Residents Sue Martinez Refining Company Over Thanksgiving Day 2022 Toxic Chemical Release

MARTINEZ, Calif. – November 22, 2024

Cutter Law, a law firm focused on mass tort and personal injury cases, and TorkLaw, a leading personal injury law firm, filed four lawsuits in federal court against Martinez Refining Company (PBF Martinez) on behalf of more than 700 people living and working near the refinrey who were severely harmed by the oil refinery’s repeated discharge of toxic chemicals over the past two years.

The filing of the lawsuits aligns with the two-year anniversary of a major toxic discharge by the refinery on Thanksgiving Day 2022. As subsequent investigations found, the discharge contained 48,000 pounds of refinery chemicals that rained down on the communities around the refinery in an ash-like form. Thousands of community members were exposed and suffered severe health complications from the toxins.

According to case documents, PBF Martinez has experienced over 21 significant safety failures since November 2022, releasing hazardous materials including “spent catalyst,” coke dust, and sulfur dioxide into surrounding communities. These substances are known to cause a wide range of health problems, including respiratory issues, cardiovascular complications, and cancer.

A few incidents cited in the lawsuit include:

  • Thanksgiving Day 2022: A release of 48,000 pounds of toxic “spent catalyst” rained down on people, homes, and vehicles.
  • 2023 Coke Dust Events: Toxic dust containing heavy metals like lead, mercury, and nickel was released during refinery operations in July and October, coating residential properties and vehicles.
  • December 2023 Flaring Incident: Over 14,000 pounds of sulfur dioxide were discharged, causing residents to report shaking and sulfurous odor spreading miles from the refinery.

“Despite warnings from public officials and citations from regulatory agencies, the refinery has failed to implement effective safeguards,” said Brooks Cutter, founding attorney of Cutter Law and co-lead counsel for the plaintiffs. “This is not just an industrial issue; it’s a human issue. People’s homes, families and futures are at risk.”

Residents near the refinery report enduring health problems, property contamination, and a diminished quality of life. A few specific incidents highlighted in the complaint include:

Alice Saliba
Ms. Saliba lives about a half mile from the refinery and was exposed to ash-like spent catalyst during the 2022 Thanksgiving incident while at a nearby park with her family. The ash infiltrated her home and contaminated her property. She was further exposed during the July, October, and December events in 2023, with gas-like odors permeating her home. The exposure has impacted her health, including memory issues, brain fog, sore throat, coughing, itchy and burning eyes, rash, headaches, and sinus-related pain.

Glen Shoults
Mr. Shoults resides a quarter mile from the refinery and was exposed to toxic discharges during multiple incidents (November 2022, July, October, and December 2023). As a result, he developed severe health issues, such as breathing difficulties, chest pain, dizziness, memory issues, and asthma flareups. His symptoms also include sinus pain, headaches, fatigue, and skin-related conditions. The family was forced to discard their contaminated garden, and his daughter experienced breathing problems affecting her athletic performance.

Angelina Cobbs
Ms. Cobbs lives approximately two miles from the refinery and was exposed to toxic releases during the same events in 2022 and 2023. Ms. Cobbs suffered severe health issues, including lung cysts and significant breathing difficulties. Her property has been contaminated by the refinery’s releases, leading to a decrease in value.

Elizabeth Silvestri
Ms. Silvestri lives about three and a half miles from the refinery and was present at her home for the November 2022 spent catalyst discharge. She inhaled particulates from the discharge, and her health rapidly declined. She promptly sought medical treatment, and she was put on steroids and other medication to assist with breathing. However, even with the steroids, Ms. Silvestri continued to have breathing issues, and repeatedly sought medical attention in 2023, eventually leading to her hospitalization. The damage is permanent, and Ms. Silvestri was forced to give up her career as a nurse as a result of her injuries.

Robert Manning
Mr. Manning was honorably discharged from the Marine Corps in 2009, and is a 70% disabled veteran. After the Thanksgiving 2022 event, he awoke to find an ash-like dust covering his car. The dust also got into his home. Shortly after the Thanksgiving event, Mr. Manning developed severe asthma and breathing problems for the first time in his life, as well as chronic headaches and other medical problems. The Thanksgiving release also killed all of Mr. Mannings plants on his porch that were exposed to the refinery’s dust-like discharge. Mr. Manning wishes that he could move away from the refinery, but as a disabled veteran on a fixed budget, his options for affordable housing in the Bay Area are very limited.

“PBF’s refinery is in the middle of a residential area. PBF has a responsibility to the communities surrounding the refinery to operate safely, to ensure that the repeated toxic discharges stop, and to compensate plaintiffs for their life-changing injuries,” noted Wesley Griffith of Cutter Law. “PBF must be held accountable for its reckless conduct.”

The four lawsuits seek compensatory and punitive damages and to prevent future toxic releases. The cases are pending in the United States District Court for the Northern District of California, Silvestri et al., vs. Martinez Oil Refining Company LLC, et al., Northern District Case No. 3:24-cv-08241, Saliba, et al., vs. Martinez Oil Refining Company LLC, et al., Northern District Case No. 3:24-cv-08153, Frye, et al. v. Martinez Refining Company, LLC, Northern District Case No. 3:24-cv-04506-RFL, and Manning et al., vs. Martinez Oil Refining Company LLC, et al., Northern District Case No. 3:24-cv-8316.

Plaintiffs are represented by Brooks Cutter, Wesley Griffith and Jennifer Domer from Cutter Law P.C., and Reza Torkzadeh and Scott King from TorkLaw.

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