Plant Manager Manipulated Quarry Blast Intensity, Lawsuit Claims
DALLAS, Feb. 2, 2023 — Holcim (HCMLF), a Swiss multinational company that manufactures building materials, is accused of gross negligence, fraud, trespass, and intentional infliction of emotional distress, in a lawsuit filed by The Pinkerton Law Firm on behalf of Graylanda Elder, a Cedar Hill homeowner (Dallas County, Texas).
“Despite knowing that they were creating property damage in nearby communities, Holcim continued to detonate explosives at peak particle velocities in an apparent disregard for the property rights of Texas citizens generally, and Graylanda Elder specifically. Not only that, but they conducted themselves in a deceptive manner in effort to appease homeowners,” attorney Chad Pinkerton said Thursday.
According to the lawsuit, after complaints to the company, Holcim’s Midlothian plant manager directed employees to reduce the intensity of limestone quarry blasts to create seismic data suggesting the explosions were not strong enough to cause damage or interfere with the use and enjoyment of area homeowners’ properties.
Once monitoring equipment was removed, high-intensity blasts continued. However, Holcim used the lower-intensity data to conceal their true actions.
“I have long-lasting and very expensive property damage…and it’s terrifying to experience the feeling of an earthquake because some company is setting off explosives in your backyard on a regular basis,” Elder said.
According to the lawsuit, Elder claims physical damage to her property, including foundation damage, cracking in her patio, damage to interior and exterior walls, and broken household items.
“Out-of-state corporate actors do not get to come to Texas, profit from Texas resources, operate with intent to deceive, then harm Texas citizens and their properties in the process. Texas and its judicial system and citizens will not stand for it,” Pinkerton said.
Elder seeks monetary relief of over one-million dollars ($1,000,000.00) to include compensation for loss of use and enjoyment of her home, property repairs, out-of-pocket expenses, and mental anguish.
“Holcim owes the community a duty of care not to create conditions that substantially interfere with the use and enjoyment their property by causing unreasonable discomfort or annoyance. The irony of Holcim manufacturing building materials while simultaneously causing enough man-made ground disturbance to compromise the infrastructure of nearby homes in their quest to make money is not lost on me,” Pinkerton said.
The Pinkerton Law Firm will hold a public meeting to discuss homeowners’ rights related to quarry blasting on February 7 at the Duncanville Recreation Center (201 James Collins Blvd) at 5:30 PM and 7:00 PM.
SOURCE The Pinkerton Law Firm
