Suit claims Peabody foam maker caused fire

April 28--PEABODY -- The owners of the former Peabody foam products company where a fire burned for a week in July 2016 have been hit with a $7.5 million lawsuit accusing the firm of negligence.

The July 12, 2016, fire destroyed both the Lifoam plant and another business in the building at 2 Fifth St., CNE Direct.

National Fire Insurance Co., which covered CNE's losses as a result of the fire, is now seeking compensation from Lifoam, which it blames for causing the massive blaze.

The fire was touched off when polystyrene foam came into contact with a metal halide lighting fixture, the suit says.

The foam, which is used to make coolers, pool noodles and other products, burned for days, releasing a thick smoke that made it too dangerous for firefighters to remain in the building. A decision was made to let the fire burn itself out, officials said at the time.

The suit, filed Thursday in Salem Superior Court, says Lifoam had been warned by the city back in 2014 about safety measures it was required to undertake at the plant.

The letter, from Peabody Fire Prevention Inspector Chris Dowling, dated Feb. 6, 2014, cited piled storage in the warehouse that had become too high, creating a collapse hazard, and raised concerns about whether the sprinkler system was adequate protection for the types of items being produced.

The letter also required the firm to post signs warning against cellphone use and static electricity, proper labels on all tanks and containers, additional lighting, and signs for the sprinkler room and fire department connection on the outside of the building.

The suit says Lifoam failed to follow at least two of the letter's requirements, including to determine whether the sprinkler system was adequate fire suppression for the materials inside, and to determine the flammability classification of items being stored.

It also "carelessly, negligently and improperly" stored products "in a manner that exacerbated fire growth and resulted in a fire that could not be controlled by the installed fire systems."

The suit also names Allain & Son, Inc., a Danvers electrician, which according to the suit installed and maintained the metal halide and other types of lighting inside the plant.

The suit alleges that the lighting fixtures were not properly shielded for heat or from the release of the contents of the fixture in the event of damage.

Allain did not return a phone message Friday seeking comment on the suit.

An emailed message to the media relations department at Lifoam's current parent company, Newell Brands, was not returned. Newell acquired Jarden/Lifoam last year.

CNE has moved to another nearby building.

Dave Harrison, the owner of the building, which Lifoam and its predecessor companies had been renting since the 1960s, has already rebuilt a new warehouse on the location. The new warehouse uses LED lighting.

Harrison is not a party to the lawsuit.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.

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