Lawsuit over Shearer’s Foods fire in Hermiston seeks $90M
Published 2:00 pm Monday, February 19, 2024
- A fire burns Feb. 22, 2022, at Shearer’s Foods off Highway 207 in Hermiston. Insures for the former plant filed a $90 million lawsuit Feb. 16, 2024, in Umatilla County Circuit Court.
HERMISTON — A group of insurance companies is seeking more than $90 million in the fire that destroyed the Shearer’s Foods plant two years ago in Hermiston.
Attorneys filed the suit Friday, Feb. 16, in Umatilla County Circuit Court on behalf of several insurers: The Travelers Indemnity Co., Everest Indemnity Insurance Co., Swiss Re Corporate Solutions Capacity Insurance Corp., Lexington Insurance Co., Homeland Insurance Co. of New York, Mount Hawley Insurance Co. and underwriters at Lloyd’s of London.
The collective is suing Apollo Sheet Metal Inc., A-1 Industrial Supply LLC, Atlas Boiler & Equipment Co. and 10 John Does, alleging shoddy construction and improper equipment led to the fire Feb. 22, 2022, that burned down the Shearer’s Foods plant.
According to the lawsuit, a fire started in the production area of the plant where five large kettles cooked potato chips. Thermal fluid heated four of the kettles and the fifth was direct-fired with natural gas.
An investigation into the plant fire revealed a section of newly installed process piping between a temporary heater and the kettles ruptured at a weld, spilling a large quantity of flammable thermal fluid, which the natural gas-fired kettle ignited, according to the lawsuit.
The lawsuit alleges the investigation revealed plaintiffs did poor work installing the pipe assembly, allowing a rod to pull through the assembly. The lawsuit also alleges plaintiffs did not inspect piping, did not obtain work permits and performed work without proper licenses. The lawsuit asserts these and similar failures amount to negligence or gross negligence.
In addition to the $90 million in economic damages, according to the pleading, the insurers are seeking interest, attorney costs and fees and “such other relief that the court deems just and proper.”