Law firms pursue BP bad-gas class action

Back to TopCommentsE-mailPrintBookmark and Share

Editor's note: This story has been updated.

One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.

Indianapolis firm Price Waicukauski and Riley LLC announced Friday afternoon it filed a proposed class action in the Hammond Division in the Northern District of Indiana. The suit seeks to represent all Indiana residents who purchaed the defective fuel. The plaintiff purchased defective BP gas Aug. 19. The following day, the plaintiff's car would not start, and a mechanic discovered the defecutive fuel had "significantly damaged the engine," according to a release from the firm.

Cohen & Malad LLP in Indianapolis and Theodoros & Rooth P.C. in Merrillville jointly have begun investigating the potential size and claims of a lawsuit after BP recalled gasoline blended at its facilities in Whiting.

The bad gas was sold at BP locations and other stations including Luke Oil and Thornton’s. It also was sold in locations from Milwaukee, Wis., to southwest Michigan, according to news reports.

BP said 2.1 million gallons of fuel blended between Aug. 13 and 17 contained a “higher than normal level of polymeric residue,” according to a statement from Indiana Attorney General Greg Zoeller, whose office has started an investigation. In a statement Thursday, BP blamed the problem on an alkylation unit at the Whiting refinery and said it had been corrected.

 “We have been told that as many as 100,000 people may have purchased the gasoline,” Cohen & Malad managing partner Irwin Levin said Friday. “We know that already at least 10,000 people complained to BP, so the numbers of the class are certainly going to be in the five figures.”

“People deserve justice and assurance that a company like BP will be held accountable for its actions,” Barry Rooth of Theodoros & Rooth said in a statement. “Thousands of people were impacted by this contaminated gas and have spent hundreds of dollars in car repairs. We are seeking full compensation for their damages.”

BP acted after hundreds of motorists complained about hard starting and unusual engine noise and shaking. Levin said the firm has consulted with experts about possible resulting engine damage.

BP has asked customers who think they might have purchased tainted gas to call its hotline, 800-333-3991, or email Zoeller said consumers may file a complaint with the attorney general’s office online at or by calling 800-382-5516.

For more information about PWR's suit, contact the firm at 317-633-8787. Those interested in learning more about the planned class action should call Cohen & Malad at 317-636-6481 or Theodoros & Rooth at 219-769-6393.



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon