Verdict marks victory for Richmond residents forced from their homes following hazardous April 2023 fire

INDIANAPOLIS, IN – A federal jury has found the defendants liable in the class action lawsuit stemming from the massive April 11, 2023 plastics fire in Richmond, Indiana, which forced more than 2,000 people from their homes.
The fire erupted at an industrial site containing large amounts of chipped, shredded and bulk recycled plastic, sending a massive plume of black smoke into the air and prompting the evacuation of a half-mile radius surrounding the facility.
The certified class consists of residents who lived within the half-mile evacuation zone from April 11 through April 16, 2023. Those families were displaced from their homes and faced expenses, lost wages, and other damages.
The class action was led by attorneys John Smalley and Alex Mann of Dyer, Garofalo, Mann & Schultz on behalf of Richmond residents who were forced to evacuate their homes while the hazardous fire burned.
Court records show that concerns about the properties located at 308, 310, and 358 NW F Street in Richmond existed years before the fire. Following a 2019 inspection, Richmond’s Unsafe Building Commission issued orders to repair, demolish or vacate the properties. Evidence presented to the commission described the structures as unsafe to people and property, a fire hazard, a hazard to public health and a nuisance.
The lawsuit also showed that years before the April 11, 2023 fire, Richmond was planning for the possibility of a major fire at the properties, modeling the smoke plume, and even considering where people might have to be evacuated. And on the day of the fire, the city’s own Fire Chief Tim Brown publicly acknowledged what Richmond already knew about the site, saying: “we knew it was a matter of when, not if.”
After hearing the evidence, the federal jury found the City of Richmond, Seth Smith and Cornerstone Trading Group liable for negligence, assigning responsibility among the three defendants.

The jury determined that the City of Richmond bore the largest share of the fault at 40%, with Seth Smith assigned 30% and Cornerstone Trading Group assigned 30%.
The jury also found all three defendants liable for nuisance.
“This verdict is about accountability for the more than 2,000 people whose lives were disrupted by this fire,” said John A. Smalley of Dyer, Garofalo, Mann & Schultz, lead counsel for the class. “These families were forced from their homes through no choice of their own. They deserved to have their voices heard, and the jury heard them.”
The case was heard in the U.S. District Court for the Southern District of Indiana, Indianapolis Division.
The case will now move forward through the legal process to address compensation and damages for eligible class members.

ABOUT DYER, GAROFALO, MANN & SCHULTZ

Dyer, Garofalo, Mann & Schultz is a personal injury law firm serving clients throughout Ohio, Indiana and Kentucky. The firm represents individuals and families in personal injury and complex litigation matters.
Case: Tushawn Craig and Marquetta Stokes v. Cornerstone Trading Group, LLC, Seth Smith and City of Richmond, Indiana
U.S. District Court for the Southern District of Indiana, Indianapolis Division
Case No. 1:23-cv-01575-TWP-MJD

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