A mother is suing Nippon Dynawave and its parent after her two sons died in the Longview mill tank collapse that killed 11. The wrongful-death suit alleges major safety failures as federal warnings surface.
The mother of two brothers killed in the Nippon Dynawave disaster has filed a wrongful-death lawsuit against the Longview paper mill operator and its parent company.
Sheri Lynn King filed the lawsuit Aug. 10 in Cowlitz County Superior Court as the personal representative of the estates of Tyler and Bradley Covington.
The lawsuit names Nippon Dynawave Packaging Company LLC and Nippon Paper Industries USA Co. Ltd. as defendants.
The catastrophe unfolded on the morning of May 26. Eleven people were killed, making it the deadliest industrial accident in Washington state history.
Twenty-nine-year-old Tyler and 27-year-old Bradley Covington had just arrived in the parking lot of the Longview mill on May 26 when a storage tank collapsed, according to the complaint. The collapse released caustic white liquor and debris.
The brothers were burned and crushed in the collapse and later died from their injuries, the lawsuit said.
King filed the case on behalf of the brothers’ estates and their wrongful-death beneficiaries, including herself, the brothers’ father, Robert Scott Covington, and Tyler Covington’s child.
The lawsuit alleges the companies failed to properly maintain and inspect equipment, safely shut down and start up equipment, isolate and vent equipment, train and supervise workers, communicate and warn about hazards, and implement adequate safety and emergency-response procedures.
It also alleges the companies failed to comply with applicable regulations and standards and are responsible for the actions of their employees and agents.
A report released by the Chemical Safety Board on Aug. 28 identified serious warnings about the failed white liquor tank going back months before the disaster.
COMPLETE COVERAGE | Nippon Dynawave Disaster
The family is seeking an unspecified amount of economic and noneconomic damages, including medical and funeral expenses, the brothers’ alleged pain and suffering before their deaths, lost financial support for their families, and the loss of companionship, care and guidance.
King also seeks attorney fees, litigation costs and prejudgment interest.
KATU News reached out to Nippon for comment. A spokesperson responded just after 5 p.m. with the following statement:
"We are aware of the complaint filed. At this time, we are unable to comment on active litigation. NDP remains committed to approaching this difficult time with compassion and respect for those affected and for the Longview community."
