Illinois Attorneys Prevail Following Gasoline Tank Leak and Explosion
Chicago Partners James R. Branit and Scott R. Sinson, and Attorney Natasha Singh recently prevailed on appeal in the Supreme Court of Illinois on behalf of our oil company client following an explosion.
Our client’s Chicago-area gas station had an underground storage tank that was leaking gasoline. The fuel and fumes from the leak migrated through the sewer system and caused an explosion at a condominium complex more than a mile from our client’s gas station where Plaintiff resided. As a result of the explosion, Plaintiff sustained second-degree burns and other injuries. Subsequently, Plaintiff brought an action against our client for personal injuries based upon negligence, and also for damages and statutory penalties based upon violations of the Leaking Underground Storage Tank (LUST) Program and Illinois Environmental Protection Act (EPA) regulations. During litigation, Plaintiff passed away and their daughter was appointed as a special representative.
During the pendency of the claim, the Circuit Court of Cook County granted Chicago Partners Thomas M. Crawford and Joseph P. Sullivan’s Motion to Dismiss Plaintiff’s claims against our client based upon statutory violations, leaving only the negligence claims for personal injury. Following mediation, Plaintiff resolved their negligence claims and pursued their right to appeal the dismissal of their statutory claims. The First District Appellate Court affirmed the trial court’s decision, finding that Plaintiff’s negligence claim was based upon the same acts and omissions that were part of the statutory claims; and therefore, Plaintiff had a sufficient remedy in law for their injuries, and the Illinois EPA and LUST Program specifically provide governmental enforcement for violations. Following the Appellate Court’s ruling, Plaintiff pursued their Petition for Leave to Appeal.
In June 2024, the Supreme Court of Illinois upheld the trial court and Appellate Court ruling that there is no express or implied private cause of action for violations of the LUST Program and related provisions of the Illinois EPA, and ruled in favor of our client.
James R. Branit defends businesses and individuals against serious and complex litigation including bodily injury and property damage, medical and non-medical professional liability, intellectual property, toxic tort and multi-million dollar claims.
Thomas M. Crawford regularly handles multi-million exposures in all types of commercial and civil litigation, including matters involving products liability and professional liability, business litigation, construction and insurance coverage.
Joseph P. Sullivan litigates products liability, and both medical and non-medical professional liability matters, in addition to handling mass tort litigation, asbestos claims, general liability, wrongful death and catastrophic injury cases.
Scott R. Sinson counsels commercial transport businesses and construction companies in cases involving catastrophic injuries and death, and also defends products liability, toxic tort, construction liability and motor vehicle cases.
Natasha Singh has experience defending clients’ against products liability and professional liability claims, and represents clients in an array of complex commercial disputes.