Power Plant Explosion Investigators Looking for Evidence of Negligence

The AP reports that "Authorities in Connecticut have launched a criminal investigation into the cause of an explosion that killed five people at a power plant under construction, saying they can't rule out negligence. Middletown Mayor Sebastian Giuliano says if everything had gone right at the Kleen Energy plant on Sunday, there wouldn't have been an explosion." Police Acting Chief Patrick McMahon "says police have ruled out any intentional act and are focusing on whether there was negligence while workers were clearing gas lines of air."

CT Power Plant Explosion Kills At Least 5

News sources report that at least five workers were killed this morning in an explosion at the Kleen Energy power plant in Middletown, CT. Scores were injured and some are still missing. A horrible tragedy for all involved.

Score One for the Plaintiffs

Won a decision on a Motion to Strike. This action for damages was filed on behalf of a Pawcatuck, CT couple who allege claims for negligence, nuisance (public and private) and negligent infliction of emotional distress, arising out the Oliver Group's use of property for its business, and claims that the Town of Stonington has allowed a nuisance to exist next door to the plaintiffs' home. The couple alleges numerous violations of the law in connection with the parcel next door to their home, including: illegal parking in a residential zone; an unapproved use of the building without the owners applying for or obtaining a variance; an increase in the size of Oliver's building without regard to property line setbacks or required buffers between it and neighboring houses and without zoning approval; excess noise; and business operations without installation or maintenance of an adequate buffer between the properties.

This Memorandum of Decision is the first decision on motions directed to the pleadings. The Oliver Group filed a Motion to Strike the 3rd, 4th, 7th and 8th counts, which allege claims for public nuisance and negligent infliction of emotional distress. The court denied the defendant's motion, on the grounds that the plaintiffs have sufficiently pleaded the elements of public nuisance ("the court finds that the plaintiffs' allegations could support a public nuisance claim because they allege excessive noise and traffic congestion that affect rights of members of the general public....") as well as the elements of a claim for negligent infliction of emotional distress ("the allegations set forth in the plaintiff's complaint could support a claim for negligent infliction of emotional distress in that they have alleged that the Oliver Group should have realized that by operating a parking lot in a residential area without a proper buffer would generate excess noise and light that would cause emotional distress to those living in the surrounding area...."). You can read the decision on JD Supra.

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RI Firm Expands Recall of Italian Sausage Products

Daniele International Inc., a firm with operations in Pascoag and Mapleville, R.I., is expanding its January 23 recall to include approximately 17,235 pounds of ready-to-eat (RTE) varieties of Italian sausage products, including salami/salame, that may be contaminated with Salmonella. Read more from the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS).

Study: Banning Phone Use by Drivers Did Not Reduce Crashes

A new study by the The Highway Loss Data Institute shows that traffic collisions did not drop in three states (New York, Connecticut, California)and the District of Columbia after they banned drivers from using handheld cellphones. Read more.

1 in 5 Nursing Homes Rank Poorly

"One in five of the nation's 15,700 nursing homes have consistently received poor ratings for overall quality, a USA TODAY analysis of new government data finds."