LOUISVILLE, Ky. (WDRB) – A Louisville man filed a lawsuit against Givaudan Flavors Corporation on Friday, claiming the company was negligent in the Nov. 12 explosion that killed two workers and injured 11 others.
The suit, filed by attorneys for Charles Fowler in Jefferson Circuit Court, appears to be the first legal action in response to last week’s blast. It asks to be certified as a class action, which would allow other plaintiffs to join.
Fowler claims in the suit that he was driving for DoorDash last Tuesday near the plant at 1901 Payne Street when the explosion happened, producing shockwaves that he “felt in his car.” He then experienced symptoms of post-traumatic stress disorder that he first developed while serving in Iraq, according to the complaint.
The suit says Fowler remained inside his home for several hours after the explosion and was unable to work and will also need care for his PTSD, among other things.
The Bureau of Alcohol, Tobacco, Firearms and Explosives' Louisville field office released a preliminary cause of the explosion this week, saying that there is an “indication that the vessel did not vent properly, and that caused an overheating and explosion.”
An employee told WDRB News last week that she warned co-workers about a cooker days before the blast, saying it had been overheating.
A Givaudan leader said earlier this week that weren't any formal complaints.
"We have logs of all of the safety reports, and I would tell you that is not in my log," Elaine Gravatte, the former Givaudan president, told reporters.
Fowler’s attorneys argue in the lawsuit that Givaudan failed to ensure that the cooking vessel that exploded was properly ventilated and knew or should have known that the equipment could explode. In making that claim, the lawyers cited the reported warnings about the vessel.
The suit claims Givaudan “had actual knowledge of the imminent risks of Cooker 6 overheating and being improperly ventilated, and the risks of the Explosion occurring, causing devastating injury and property damage. Yet Givaudan failed to act.”
And it draws a connection between this month’s explosion and one in 2003 that killed one worker, saying Givaudan knew of the risks from chemical cooking vessels long before what happened Nov. 12. Federal investigators concluded the 2003 explosion — at the plant then operated by D.D. Williamson & Co. — was the likely result of extreme pressure caused when a feed tank with caramel colored liquid overheated.
Givaudan, which acquired D.D. Williamson in 2021, did not respond to a request for comment emailed Friday evening. Givaudan Sense Colour President Ann Leonard told reporters in a virtual press conference on Nov. 15 that it was not aware of any equipment — including that specific vessel — not working properly before the explosion.
The suit filed Friday makes three main claims.
It argues that Givaudan was negligent in failing to follow industry safety standards and guidelines, among a litany of other accusations.
It claims the company caused a “private nuisance” due to the explosion’s impact on surrounding properties.
It says Givaudan committed “unreasonable and unlawful trespass” as a result of nearby property damage.
Fowler’s attorneys are from Nashville-based Stranch, Jennings & Garvey PLLC and Chicago-based Milberg Coleman Bryson Phillips. Besides seeking class action approval, the suit seeks unspecified monetary and other damages.
The two Givaudan employees who died have been identified as Austin Jaggers, 29, and Keven Dawson Jr., 49.
This story may be updated.
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