KILLER FOG
In December of 1973, near Calhoun, Tennessee and the Bowater Paper Plant, Interstate 75 was opened to the motoring public. On March 9, 1974, an 18 vehicle collision occurred in dense fog, resulting in 3 deaths and 10 injured on I-75 near Bowater. On April 19, 1974, a 9 vehicle collision occurred in dense fog, resulting in 9 injured. On June 12, 1976, a 4 vehicle collision occurred in dense fog. On December 16, 1977, a 14 vehicle collision occurred in dense fog, resulting in 7 injured. On November 5, 1978, a 63 vehicle collision occurred in dense fog with 46 injured. On April 15, 1979, a 18 vehicle collision occurred in dense fog resulting in 3 deaths and 14 injured. On December 11, 1990, history repeated itself: 99 vehicles involving collisions in dense fog with 12 deaths and 56 injured.
Several days before Christmas, 1990, I received a call from Evelyn Piper Downing who said her son Craig was killed while driving a tractor trailer along I-75 heading home for the holidays. She was told he encountered an unusually dense wall of fog on the interstate and slowed down but not enough before colliding into the rear of a compact automobile carrying two senior citizens. She was told her son tried to exit the cab but the door was stuck, a fire ensued and he was burned alive. The elderly couple were also killed.
Craig's collision was part of a 99 car pile up in zero visibility fog which occurred on an other-wise clear, crisp December morning. The collisions occurred in both north and south bound lanes of I-75, north of Chattanooga, near the Bowater Paper Plant. At the time, it was considered the worst highway disaster in the history of our Country.
After being retained, I went to he scene and observed large waste water treatment ponds straddling I-75. Given the history of this stretch of interstate and the location of these ponds, I suspected some connection. The ponds were part of a waste water treatment system owned and controlled by the nearby paper company.
We conducted a literature search and found a wealth of knowledge on artificial, industrial, mill induced, cooling pond and plant-induced fog.
Prior to filing suit, I contacted Bowater's insurance carrier and spoke with the adjuster assigned to these claims. I inquired whether her company had an interest in trying to resolve these claims without litigation. I told her I had a good working relationship with her company in Alabama and was wondering if their attitude was the same in Tennessee. Her response was we're not like Alabama-we never pay! We will fight, fight, fight!!
True to her word, Bowater's lawyers did fight and it became a paper war. Eventually, Bowater had nine different law firms defending them. Bowater is the largest paper company in the Country and second largest in the world. It is also the largest employer and land owner in the State of Tennessee.
The litigation spanned over three years and approximately 100 depositions were taken all over the country.
Ultimately, roughly $13.5 million were paid in settlements. Additionally, Bowater closed the ponds straddling the interstate. And too, the State of Tennessee spent $4.5 million on a sophisticated warning system. Both ABC News and the Learning Channel did an excellent story about the case, and the trade publication Pulp & Paper which is delivered to every paper company in the world actually did a nice story about the case addressing the hazard of industrial fog. It was in the section addressed to management.
