Chemical crisis spurs expanding litigation against GKN Aerospace

Legal action is intensifying against GKN Aerospace following a chemical emergency in Garden Grove that prompted the evacuation of 50,000 residents and a local state of emergency. Law firms Morgan & Morgan and Panish Shea Ravipudi LLP have filed a putative class action in Orange County Superior Court on behalf of residents, business owners and workers impacted by the overheating of a 7,000-gallon tank of methyl methacrylate.

The complaint follows two federal lawsuits filed earlier this week on behalf of residents, workers and businesses who claim they were adversely affected by the chemical incident and evacuation orders.

Given the similarity of the impacts for all residents within the evacuation zone, the appointment of class counsel to represent plaintiffs in consolidated lawsuits is likely, said Jesse M. Creed of Panish Shea in Los Angeles.

"I think our firm is well-suited to serve in that capacity," Creed said in a phone interview Thursday. "There are other firms who are well suited. Ultimately, it's the judge who will decide."

The new complaint, filed Tuesday by Morgan & Morgan attorney Jack G. Rutherford states, "The mandatory and enforced evacuation of members of the class substantially impaired their use and enjoyment of their property and caused them severe emotional distress due to the fear of being injured by exposure to dangerous chemicals and due to the uncertainty of when they would be able to return to their homes,"

Attorneys representing the plaintiffs also include Brian J. Panish of Panish Shea, as well as Morgan & Morgan attorneys Rene F. Rocha III in New Orleans, and Frank M. Petosa in Plantation, Florida.

"We filed a class action on behalf of all the residents of Orange County in order to hold GKN Aerospace accountable for the environmental crisis that they created," Creed said.

In an email on Thursday, Petosa said, "We look forward to the Superior Court's decision on how to handle the cases filed so far, and we will continue to advocate for our clients through whatever process the Court deems proper."

The lawsuit alleges GKN Aerospace failed to properly maintain its Garden Grove facility, specifically citing a faulty valve that prevented the neutralization of a 7,000-gallon tank of volatile methyl methacrylate. This failure triggered what the complaint called a dangerous "thermal runaway" reaction, necessitating the evacuations. Burciaga et al. v. GKN Aerospace Services Limited et al., 30-2026-01572320-CU-TT-CXC (O.C. Super. Ct., filed May 26, 2026).

"It was a chemical tank that they lost control over in terms of ensuring safety, and as a result, they put the safety of tens of thousands of victims at risk, requiring their evacuation. That should never happen with a chemical tank," Creed said.

According to the complaint, one plaintiff required hospitalization for respiratory distress and vomiting, while another suffered nausea and headaches. Another experienced acute panic after evacuating a hospital with her newborn, while a business owner was forced to shutter her cosmetology college.

"As it relates to Mrs. Burciaga and the other plaintiffs we represent, we believe the diversity of their stories and how they were impacted - as residents, property owners, business owners, workers and parents - illustrates the wide-ranging impact this terrifying incident had on the community," Petosa said. "We look forward to bringing our extensive experience on chemical and gas leak cases, which includes the $1.8 billion settlement over the Porter Ranch Gas Leak case in California and a $143 million settlement for the victims of the September 2018 Columbia Gas explosions in Massachusetts, to bear to secure justice for all those who have been impacted."

One of the earlier putative class actions alleges negligence, trespass, and strict liability for ultrahazardous activity. Page et al. v. GKN Aerospace Transparency Systems Inc. et al., 8:26-cv-01293 (C.D. Cal., filed May 23, 2026). Another characterizes the crisis as the result of recklessness, comparing the unstable tank to a vehicle with tires worn down to the wires. Sanchez v. GKN Aerospace Transparency Systems Inc. et al., 8:26-cv-01296 (C.D. Cal., filed May 26, 2026). Both seek redress for thousands of displaced residents.

GKN did not respond to an email request for comment by press time Thursday.