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By LEANORA MINAI; Times Leader Staff Writer
Friday, May 07, 1993 Page:
NANTICOKE — Only 15 people have asked to claim part of a $475,000
settlement from a chemical fire that forced the evacuation of 18,000
residents.
Spencer Metal Processing Co., which closed after the 1987 fire, recently
agreed out-of-court to pay residents and business owners who can prove they
suffered injury or financial loss from the blaze.
The deadline to ask for claim forms is June 14.
“People who believe they’ve been injured, dislocated or have had expenses,
this is their opportunity to file a claim,” said West Pittston attorney
Michael Cefalo, who filed the class-action suit against the company.
Cefalo, who has yet to receive claims, said he’s surprised more people
haven’t asked for forms.
“There’s a lot of people in Nanticoke, and I’m sure they’ve been
displaced,” Cefalo said. “Sometimes people feel it may be cumbersome or
aggravating to fill out, but that’s the way the process goes.”
The settlement, if approved by Luzerne County Court on July 16, will be
paid by Spencer’s $500,000 insurance policy with Aetna Casualty & Surety Co.
About $160,000 could go to lawyers on the case.
The fire started at Spencer’s plant where thousands of gallons of
chemicals, including six 55-gallon drums of sulphuric acid sat. Within an
hour, city officials declared a citywide evacuation.
President Judge Patrick Toole will determine how much each claimant and
attorney receives during the July 16 hearing. He also will decide when the
money should be released.
Cefalo has been joined by attorneys Thomas Foley, of Scranton, and Arnold
Levin, of Levin, Fishbein, Sedran & Berman of Philadelphia.
Claimants, who must have lived within five miles of the plant, must prove
through documentation or witnesses that they suffered financial loss or health
problems, like respiratory distress, headaches and skin rashes.
By filing a claim, plaintiffs are automatically disqualified from filing a
private lawsuit against the company.
Claimants are not required to attend the 10 a.m. hearing.
Who to call
Nanticoke residents and business owners who have suffered financially,
physically or emotionally from the chemical fire can call 1-800-442- 2000. cq