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  • Pietrangelo II vs. PolyOne Corporation

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    Defendant seeks injunctive relief and money damages

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    Defendant seeks injunctive relief and money damages

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    1K views19 pages

    Pietrangelo II vs. PolyOne Corporation

    Uploaded by

    The Morning Journal
    Defendant seeks injunctive relief and money damages

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 19
    IN THE COURT, OF COMMON PLEAS. LORAIN COUNTY;0HIO oo “IT. CV 19274] 133317 Fairport Drive a jc CASENO. Avon Lake, OH 44012 d . ) Plain moe OG = i )rupoe = D. CHRIS COOK : ) vere ) COMPLAINT po POLYONE ConroRATION ) muuncrive FOR 5 987 Waker oad ) MONEY Data RELI ‘Avon Lake, OH 44012 ) d (Jury Demand fy, Serve Statutory Ageat: ) eee) CT Corporation System » 4400 Easton Commens Way » ‘Suite 125 d ‘Columbus, OH 43219 » d Defendant. » d Plant stats for his Complaint against Defendant as follows: INTRODUCTION 1, This Complant concerns an environmental heath za aN isan hate cur realy in progress at an incustialcampus in subutan Avon Lake, Oho a which te giant polymer companies, PolyOxe, Lubrizl, and Mexichem, condit opeF0Ns. Operations at the campus re spewing non-inizng radiation, pressuclenergy waves, vibrations, noise, andlor fumessnelshamafilto hunan health and home ino the envionment 894 sounding peigh- ‘borhood including on a nightly basis, Yt, the polymer giant) 88 Welles de City of Avon Tate, have done nothing se fr fo stop this ealth hazard and mitenee, dese knowing of severe or potentially sever effects. Consequently, Plinti, wo resides just down the street fiom the indusial campus, nd who himself i being dretly and immediately harmed and ine ured by the poluion at issn, hasbeen forced to ake the dretic step of filing suit to ty to rem- cay the situation, JURISDICTION & VENUE 2 This Court hs subjet-materjurstotion pursuant to R.C. 2305.0 ‘Venue is proper pursuant to Civ. R. 3(B)(1), (3), and (6) PARTIES 4. Atal mes material herein, Plaintiff was/is! citizen of Avon Lake, Ohio, and residediresides ut the above-captioned Plaintiff's addtess in Lorain County, Obio. 5. Atoll times material herein, Defendant PolyOne Corporation (“PolyOne”) wasis an Ohio Corporation, orzarized and operating inthe State of Ohio under and by virtue of the laws of the State of Ohio, with its principal place of business atthe above-captioned Defendant PolyOne’s address in Lorain County, Ohio, Located at or in or with PolyOne's Avon Lake ad- dress wasls a mult-acre industrial eampus bordered to the west by Miller Road, to the east by Moore Road, and tothe norh by Walker Road, The campus waslis, upon information and belief, However, both the Ohio EPA and the Avon Lake Zoning Administrator have said that they will investigate 12 and energy waves at the very least. One need only think about how much noe a ouschold ‘acum cleaner makes to rez tha gargantuan vacuum cleaner picking up tons of bulk mate- rial and dropping andor coaveying it elsewhere necessarily creates tremendous vibration, nose, aud ener, 26. Plaintiff mayor will be freed to move from his residence if he doesnot sbin immediate relief; he cannot physically contnse to sleepin his car andlor be subjected tothe of fending radiation, pressucenergy waves, vibrations, and/or nose every night. However, ifheis forced to move, he may or wil, among other things, lose, duet oss of standing, one or more legal luis and/or remedies in an enrely separate lawsuit which he is curently gating, and thereby incur significant ham, damages, losses, costs, and expenses. If he is freed to move, Psniff wil also incur ote hams, damages, and injuries. Both results would be directly and proximately caused by theffendng radiation, pressureenergy waves, vibrations andor noise 27. Plaintiff andthe general public have no adequate remedy’ at nw to prevent the on- ‘pong bar to ther, becaus ofthe immediate and ireprable arm to their health and life en in Pants case his legal interests as wel, as described sbove and herein. FIRST CAUSE OPACTION: COMMON-LAW PRIVATE NUISANCE (ABSOLUTE ANDIOR PER SE AND/OR QUALIFIED) 28. Plant inwrporates herein by reference all preceding paragraphs ofthis Com- plait 28. PolyOne'ste responsible pary'ssboveweseibed machinery, processes, andlor operations and offending radiation, pressure/energy waves, vibrations, noise, and/or fumes! 13, smells constiuted/constitute an actionable common-law private nuisance absolute andlor per se andlor qualifies. 30, As described all above, PolyOne'sthe responsible party's above-described ma- hinery, processes, and/or operations and offending radiation, pressure/energy waves, vibrations, noise, and/or fumes/smells unreasonably and wrongfully and substantially invaded/invade and interfered/nterfere with Plantif’s legal rights and legal interests on land and in property and in person, including his health and quiet enjoyment of his residence, and also unreasonably and wrongly injured/njure Plairtff's health and person. Plaintiff wasfs constructively evicted from his home nightly at last, ard ison the verge of being forced to move andlor being overcome by personal injury from the olTending radiation, pressure/energy waves, vibrations, noise, andor fames/smells, 31, Aperson of ordinary sensibilities would have found/find the machinery, process- ‘, and/or operations and offending radiation, pressurelenergy waves, vibrations, noise, andor fames/smells offensive and anreasonable, 32, PolyOnethe responsible party intentionally and knowingly operated/operates the machinery, processes, ander operations and intentionally and knowingly created/ereates the of fending radiation, pressure/energy waves, vibrations, noise, and/or fumes/smells. Alternatively, said machinery, presses, mor operations and offending radiation, pressure/energy waves, vic brations, noise, andor fumessmells were/are unintentional by PolyOne'the responsible party, but were/are abnormally dangerous conditions that ereated/ereate an unreasonable risk of harm re- sulting in injury, andlor were/are caused by PolyOne’sthe responsible paty’s negligence, reck- lessness, and/or abnormally dangerous conduct, 33. As described all above, PolyOnethe responsible party intentionally, knowingly, andor recklessly disegardedisregards Paints legal rights and interes, and harmed hams him, PolyOnelthe responsible party seemed/scems to believe that simply because it was an industria goliath it couldem steam-ol over people like ans ‘SECOND CAUSE OF ACTION: COMMON-LAW PUBLIC NUISANCE (ABSOLUTE ANDIOR PER SE AND/OR QUALIFIED) 34. Plaintiff inceeporates herein by reference all preceding paragraphs of this Com- plait, including 9931-34, 35. PolyOne'sthe responsible party's above-described machinery, processes, and/or ‘operations and offending radiation, pressure/energy waves, vibrations, noise, andlor fumes! smells constituted/constitute an actionable common-law public nuisance, absolute andlor per se andjor qualified. 36, As deseribec all above, FolyUne'sthe responsible party's above-described ma- chinery, processes, and/or operations and offending radiation, pressurelenergy waves, vibrations, noise, and/or fumessmells unreasonably and wrongfully and substantially invaded/invade and interfered/nterfere withthe general publics rights, including public safety, pubic health, public peace, and public welfare, and harmed/harms the general public. 37, Plaintiff suflred/suffers a particular harm different and greater than tht of the general public, First, the sffect and/or magnitude of the offending radiation, pressure/enerpy ‘waves, vibrations, and/or mise upon Plaintiff was/is diferent and greater due to the location of his residence. His residence wasis ata “perfect crossroads,” so to speak, of for the transmission of the offending radiation, pressurelenergy waves, vibrations, and/or noise, and ths the personal 15 ‘or physical haminjury to him wasis more acute. Plant's residence aligned/aigns directly

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