State sues West on behalf of GTP

State Attorney General Roy Cooper is suing West Pharmaceutical Services for damages at the Global TransPark allegedly resulting from the Jan. 29, 2003 explosion at West.

Six people died and 38 others were injured in the manufacturing company blast. An investigation by the U.S. Chemical Safety and Hazard Board later determined that the explosion was caused by an accumulation of dust in a suspended ceiling.

In a lawsuit filed in Lenoir County Superior Court, and requesting a jury trial, Cooper and Assistant Attorney General Scott K. Beaver say West was negligent in its safety practices and the negligence resulted in damage to GTP property.

The attorney general is the official lawyer for the state, which owns the Global TransPark.

“Among other things, building[s] on the TransPark airport grounds were shaken to their foundations,” the state’s suit charges. “At the (GTP’s) Administration building, the resulting shock wave caused insulation and dust to fall from the ceiling. In addition, glass was broken in the (GTP) Administration Building.”

The suit says a roof on a GTP building began leaking after the explosion and an inspection revealed “coping had been turned off.” Leaks allegedly began appearing around windows and mold developed in the administration building, “and elsewhere.”

The state says an inspection about a month before the explosion found windows tight and without leaks. After the blast, another investigation turned up evidence that sealants in sill pans had separated, causing leaks, which “did not appear to be caused by construction defects,” the state says.

The West explosion resulted in a shift of the building and created structural imperfections that allowed water to enter, according to the lawsuit.

The GTP says it has spent $38,025.29 to repair damage to the facility. The state is asking “in excess” of $10,000 as compensation.

Attorneys for West challenge the claim that the explosion damaged GTP building(s). Any leaks could be at least partially due to a lack of proper maintenance and upkeep, the lawsuit says.

As for being negligent, West attorneys say the explosion “was the result of negligence of third parties other than West.”

The company is asking the court to dismiss all charges and order the state pay its attorney fees.

Efforts were unsuccessful to contact District 8 Superior Court to determine whether a trial date has been set.