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BOYLE HEIGHTS, LOS ANGELES (CNS) — A Boyle Heights cancer patient is suing Lineage Inc., alleging that he has spent large sums of money on air purifiers and utility costs due to the June fire at the company’s cold storage warehouse.
Eric Lara’s proposed Los Angeles Superior Court lawsuit was filed on Thursday and alleges negligence, premises liability, public nuisance, trespass, strict liability and unlawful business practices. Lara seeks unspecified compensatory and punitive damages.
The fire broke out June 17 at the warehouse at 1400 S. Los Palos St., sending thick smoke into the air and prompting officials to warn nearby residents to remain indoors. The city, county and state issued local emergency declarations in the days that followed. It took more than a week to fully douse the fire, though the smell of massive amounts of rotten food from inside the building remains a nuisance for neighbors.
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The South Coast AQMD says it received more than 900 complaints last week about the foul stench coming from the fire-damaged Boyle Heights warehouse.
The cause of the fire remains under investigation, although Lineage officials have said they believe it started while a subcontractor for Altus Power, which owns the rooftop solar array, was testing the system. Altus Power has said the cause has not been determined.
Lara also is suing Altus Power and other companies. Representatives for Lineage and Altus Power did not immediately reply to requests for comment on Lara’s suit.
On Saturday, Lineage said nearly half of the 85 million pounds of rotting food waste has been cleared. The cleanup milestone comes after the company was hit with nearly a dozen health violations and fines. The next step will be knocking down the rest of the burning building, and Lineage says the foul odor could increase during that process.
Lara lives about 1 1/2 miles from the warehouse. His suit states that he saw smoke and ash present both inside and outside his residence as well as on his car. Lara is a cancer patient who must leave his residence daily for treatment, according to the suit.
RELATED: ER visits spiked around Boyle Heights during warehouse fire, public health data shows
While some residents say the smell of rotting food is improving, we are learning that ER visits nearby tripled during the warehouse fire.
However, conditions continue to make it extremely difficult for Lara to leave his residence without discomfort, the suit states. Due to the shelter-in-place order and the conditions caused by the fire, the plaintiff continues to incur expenses, including the cost of purchasing multiple air purifiers, increased utility fees from running air conditioning and air purifiers to keep air breathable within his residence, and potential medical expenses associated with evaluating and treating respiratory symptoms, according to the suit.
Lara’s use and enjoyment of his home also has been negatively impacted, the suit alleges.
The complaint includes a color photo of the early stages of the fire and the tornado-shaped smoke coming from the facility. The proposed class of plaintiffs is made up of people who live, were present or own property in the areas affected by the evacuation and shelter-in-place orders as well as the air quality warnings.
In August 2024, another solar panel fire broke out on the roof of the Lineage warehouse, which is located in a densely populated area surrounded by homes, apartments, schools, businesses and community spaces, making the consequences of a catastrophic incident “foreseeably devastating,” the suit alleges.
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