A Nissan dealership that says its business has been disrupted by the Conyers chemical fire has filed a lawsuit seeking class-action status against BioLab, adding to a growing list of litigation filed against the pool chemical manufacturer and its parent company KIK Custom Products.
Conyers Nissan says it has suffered lost income, sales and profits because of the Sept. 29 fire and resulting evacuation and shelter-in-place orders, according to a civil complaint filed Friday in the U.S. District Court in Atlanta. The dealership was forced to close its sales and service departments on the day of the fire, as well as the following two days, according to the complaint. Conyers Nissan is located at 1420 Iris Drive SW, less than 3-miles away from the BioLab facility.
A spokesperson for BioLab did not immediately respond to a request for comment.
Conyers Nissan’s lawsuit is at least the 14th brought against BioLab and KIK in the days following the fire. Earlier last week, companies Beta Electric and Digital Thunderdome, which have offices in Conyers and Lithonia, and Conyers residents Michael Lynch and Scott Hansen filed a lawsuit in Gwinnett County State Court. They claimed BioLab knew its failure to properly store chemicals and manage operations could cause harm.
About 17,000 Rockdale County residents were ordered to evacuate on Sept. 29, and several roads, including I-20, were temporarily closed off. A shelter-in-place order still remains for residents and businesses within the 2-mile radius around the BioLab facility on Old Covington Road.
The exact number of businesses impacted by the fire is unknown, but it is believed to be in the thousands, according to the Conyers Nissan complaint. There are more than 2,000 businesses and entities in Rockdale County.
In its complaint, Conyers Nissan said it is also representing other similarly situated businesses.
Conyers Nissan’s claims against BioLab and KIK include negligence and nuisance. It is seeking damages in an amount that will be determined at trial, the lawsuit said.
In a statement Tuesday, BioLab announced the opening of a call center to assist residents and businesses.
“Our team at BioLab is committed to making things right for the residents and business community impacted by the fire at our warehouse,” Michael Sload, CEO of BioLab’s parent company, KIK Consumer Products, said in the statement. “We recognize that members of our community have questions and concerns, and we want them to know that we hear them and are committed to being there for them. This call center is one of many resources we have underway to assist our community, based on our ongoing dialogue with residents, government officials, and other stakeholders. We will continue to do whatever it takes — for as long as it takes — to support our community.”
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