VICTORIA, Texas — Nearly a dozen residents living near a petrochemical plant in Victoria filed a civil lawsuit this week alleging the company's facility at the Port of Victoria exposed them to toxic materials on Jan. 3, 2024.
Earlier this month, residents in several counties throughout South Texas woke up to an unusual odor. The newsroom received dozens of calls from Rockport to Riviera about a foul ammonia-like odor in the air. The Texas Commission on Environmental Quality (TCEQ) identified the source of the widespread smell, which was linked to the Shamrock Victoria Port Terminal.
The lawsuit, which was filed in the District Court of Victoria County, Texas, 24th Judicial District alleges that Shamrock Products’ failed to control an oil spill and failed to contain the toxic odorous chemicals and prevent them from entering the atmosphere.
The lawsuit was filed by Cole, Cole, Easley & Sciba on behalf of several residents of Victoria County for Shamrock Product, LLC's toxic oil spill earlier this month.
According to the court filing, these residents in Victoria County experienced nausea, headaches, and respiratory illnesses after the approximately 300 barrels of material stored in a tank were spilled into the storage berm.
According to Shamrock Products, the material in the tank consisted of crude oil, mercaptan, fuel oil, B38 (solvent), and reruns (cracked hydrocarbons), said the filing.
“Shamrock Products was negligent in the manner it maintained the toxic chemicals, and in properly informing residents in the vicinity of the spill of the incident in a timely manner,” said Jim Cole, a partner with Cole, Cole, Easley & Sciba and attorney representing the families.
“As a result of its negligence, residents have suffered unnecessary physical, emotional, and financial harms. It’s the responsibility of any corporate citizen to protect members of the community from the dangers of their businesses, and Shamrock Products must be held accountable for its actions and inactions.”
As a result of the incident, plaintiffs sustained personal, property, nuisance, and trespass damages.
According to the lawsuit, "the odors have embedded in the interiors of automobiles, equipment cabs, and homes. Household furnishings and clothes have been tainted with the odor."
Plaintiffs suffered personal injuries causing "permanent bodily impairment, loss of earning capacity in the past and in the future. Plaintiffs have experienced physical pain and mental anguish and will, in reasonable probability, continue to do so in the future."
Many residents incurred medical charges and expenses and will continue to acquire medical expenses in the future for their injuries.
