Emergency crews respond to R.M. Palmer Co. on March 24, 2023 after an explosion destroyed part of the candy factory. (Ben Hasty - in kind contribution)
Ben Hasty / In Kind Contribution
Latest lawsuit against UGI, R.M. Palmer blames type of plastic pipeline linked to past accidents
The NTSB has not released its final findings regarding the cause of the explosion.
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Gabriela Martínez/WITF
Ben Hasty / In Kind Contribution
Emergency crews respond to R.M. Palmer Co. on March 24, 2023 after an explosion destroyed part of the candy factory. (Ben Hasty - in kind contribution)
A new lawsuit has been filed on behalf of Domingo Cruz, one of the workers killed in a factory explosion in West Reading in late March. It alleges UGI Utilities and R.M. Palmer ignored warnings from federal agencies about the potential risks associated with a kind of plastic pipeline material known as Aldyl-A.
Federal investigators have not linked Aldyl-A to what the National Transportation Safety Board referred to as a “natural gas-fueled” explosion. But in its preliminary report, NTSB noted UGI Corporation provided natural gas service to the factory buildings through two natural gas mains. One four-inch-diameter steel main was located in a building along South Second Avenue. Another 1.25-inch-diameter “Aldyl-A” plastic main was in service along Cherry Street between the two Palmer buildings. The report did not include any conclusions regarding the use of that kind of plastic.
The NTSB declined to comment on the pending litigation. In 1998, the agency released a report that concluded plastic pipes – which include but are not limited to Aldyl-A pipes – are prone to premature failures due to brittle-like cracking. More than a decade prior, DuPont had issued two letters to customers warning Aldyl-A pipes purchased prior to 1973 could be prone to fractures and urged operators to inspect their pipes for leaks more frequently.
In 2011, a gas company in California planned to remove more than 1,200 miles of Aldyl-A plastic pipeline around a condominium complex in Cupertino after an explosion destroyed several homes.
The core allegations in the complaint, filed on May 30 in Philadelphia Common Pleas Court, are similar to those in another wrongful death suit filed on behalf of another victim, Judith Lopez-Moran. It also set out to prove both R.M. Palmer and UGI were negligent for failing to properly inspect the factory’s gas infrastructure and not evacuating workers after they complained of a gas smell.
The explosion killed seven people and injured at least 11 others.
DuPont de Nemours, the chemical company that manufactured Aldyl-A pipes, is also accused of negligence. The allegations are centered on the company’s role manufacturing and supplying the Aldyl-A pipelines.
“The UGI defendants ignored the well-known risks of failures and leaks that the Aldyl-A pipelines it installed, owned and maintained posed to the general public, and those working and living near its natural gas pipelines,” the complaint states.
R.M. Palmer is accused of failing to properly inspect all machinery that relied on gas and ensured the workplace was free of hazards. The complaint also alleges the company intentionally misrepresented the risk of a gas leak and misled its employees about their safety in the factory.
R.M. Palmer has declined to comment on lawsuits, because it is cooperating with NTSB on the investigation.
UGI declined to comment, noting it does not comment on pending litigation.
The NTSB has not released its final findings regarding the cause of the explosion. The agency said the next part of its probe could take about up to two years to complete. It will focus on reviewing collected evidence and identifying the source of the explosion.
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