The Morning Journal (Lorain, OH)
Resident sues plant over radiation, noise
Beginning in early May 2017, it says his home started getting bombarded by radiation and energy waves.
A chemical firm with a facility in the Avon Lake Industrial Park is being sued by a resident of the city.
The suit was filed June 30 in Lorain County Common Pleas Court by James E. Pietrangelo II.
The suit names Polyone Corp. as the sole defendant.
The suit says two other companies that operate within the Walker Road Industrial Park — Lubrizol and Mexichem — and the plaintiff reserves the right to add these companies to the lawsuit as well.
According to the complaint, Pietrangelo lives up the street from the facility.
Beginning in early May 2017, it says his home started getting bombarded by non-ionizing radiation, breath as an effect of the radiation, the suit says.
Pietrangelo is unable to get a restful night’s sleep in his home and is forced to book nights at hotels or sleep in his car which he parks far from his property, the suit says.
Sleeping in his car also has caused negative health effects, according to the suit.
On June 22, the suit claims, Pietrangelo was rushed to the emergency room with shortness of breath and chest pains due to the radiation.
This visit caused him to incur “significant medical expenses,” the suit says.
The filing claims Pietrangelo and the Avon Lake Police Department made contact with Polyone, but the issue was not resolved.
Pietrangelo also complained of the issue to the Avon Lake administration, which the lawsuit claims is authorized to penalize the company, but it has not acted to rectify the issue.
The lawsuit claims Pietrangelo will be forced to move if something is not done.
The suit makes three claims: that the plant is a common-law private nuisance; that the plant is a common-law public nuisance; and that the operators of the plant are negligent.
It requests a temporary injunction against the plant’s offending operations, a permanent injunction against the plant’s offending operations, unspecified compensatory damages, unspecified punitive damages, interest, court costs and attorney fees.
Polyone Corp. could not be reached for comment.