CTA, Borden, Excel all point the finger at one another

Since the February 2003 explosion at the CTA Acoustics plant that killed seven workers and injured 43 others, more than 100 lawsuits have been filed.Who is responsible for the explosion is still not determined, with CTA blaming Borden Chemical, which in turn claims the blame lies with Excel Inc.
Shortly after the explosion, CTA Acoustics filed suit against Borden Chemical Co., claiming the New Jersey Corporation was responsible for the explosion at the plant by providing CTA with chemicals that were improperly labeled.
According to CTA, the 2,000-lb. bags, or super-sacks, of chemicals arrived from Borden’s Louisville distribution center without warning labels properly attached to the outside of the bags.
The labels, which read, “in common with most organic matter, this product should be treated as a combustible dust in the finely divided and suspended state,” were folded up and placed inside the bags.
Court records show that in depositions taken for other cases against Borden, CTA employees said the super-sacks arrived at the plant with the labels folded up inside the bags, on a regular basis.
While taking the deposition of Martha Perinis, Director for Regulatory Affairs for Borden Chemical on June 3, 2004, attorneys for one of the plaintiffs produced a photograph of the clear plastic sleeve of an open super-sack with the folded label visible inside. The photograph was taken after the February 2003 explosion.
Borden denies being responsible for the explosion and insists negligence on the part of Excel Corporation, a Massachusetts logistic service hired by Borden to package, label and ship chemicals from Borden’s Louisville plant, is to blame.
Borden claims Excel was negligent in packaging and labeling the chemicals by not attaching the warning label to the outside of the bags before they were sent to CTA under the Borden name.
Later in 2004, Borden filed a motion with the court asking that CTA’s suit against them be put on hold so Borden could file suit against Excel.
After a November 12, 2004 hearing, the motion was granted and CTA’s suit was put on hold.
Later that month, Borden filed a third party suit against Excel Inc. charging them with responsibility for the 2003 explosion.
May 3, 2005 Excel Inc. filed an amended response to Borden’s claim. In the response, Excel says they carried out the contract they had with Borden correctly and denied any responsibility.