E-FILED 2023 MAR 21 5:02 PM IOWA - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR IOWA COUNTY

KELLY REGENOLD and Case No. ____________

TAMMY COURBAT,

Plaintiffs, PETITION AT LAW

&
vs. JURY DEMAND

C6-ZERO IOWA LLC, C6-ZERO

HOLDINGS, LLC, and HEARTLAND
CRUSH, LLC,

Defendants.

Plaintiffs, for cause of action against Defendants, state:

COUNT I – THE PARTIES

1. Plaintiffs are husband and wife residing at all times material hereto in Tama

County, Iowa.

2. Defendant, C6-Zero Iowa, LLC is a limited liability company organized

under the laws of the State of Wyoming and doing business in the State of Iowa. At all

material times Defendant operated an asphalt shingle recycling facility in Marengo, Iowa

County, Iowa.

3. Defendant, C6-Zero Holdings, LLC is a limited liability company organized

under the laws of the State of Wyoming with its principal place of business in Lander,

Wyoming. It is a member/manager of Defendant C6-Zero, Iowa LLC. Hereinafter,

Defendants C6-Zero Iowa, LLC, and C6-Zero Holdings, LLC, will be referred to

collectively as “C-6 Zero.”

4. Defendant, Heartland Crush, LLC (hereinafter “Heartland) is a limited

liability company organized under the laws of the State of Iowa and at all times material

hereto owned the building and property in Marengo, Iowa where the C-6 Zero facility was

located.
 E-FILED 2023 MAR 21 5:02 PM IOWA - CLERK OF DISTRICT COURT
COUNT II – FACTS

5. Plaintiffs incorporate paragraphs 1-4 of this Petition by reference herein.

6. On or about December 8, 2022, Plaintiff Kelly Regenold was working at the

C-6 Zero facility in Marengo, Iowa as an employee of Deep Lake Outsourcing, LLC, a

limited liability company that Plaintiffs believe was organized under the laws of the State

of Wyoming but which does business in the State of Iowa.

7. The facility recycled asphalt shingles into other products through a process

that involved the use of chemicals, oils and solvents, the vapors from which were toxic

and flammable.

8. Plaintiff Kelly Regenold’s job required him to work near large containers

called “trommels” that contained these chemicals, solvents and oils.

9. On December 8, 2022 an explosion and fire erupted near where Plaintiff

was working. The explosion blew Plaintiff off of a ladder and across the floor of the

building. The subsequent fire destroyed the building and Plaintiff barely escaped with his

life.

10. Plaintiff was taken by ambulance to the University of Iowa Hospitals and

Clinics where he was admitted for severe burns over 30 to 39% of his body, plus other

injuries caused by the explosion and fire.

11. Plaintiff was hospitalized at UIHC for approximately a month and then

followed up with in-patient rehabilitation. He has been left with extensive scarring and

disfigurement throughout his body from the burns and skin grafting required to treat his

burns.

12. Once Kelly came home, Tammy Courbat provided home health care,

support and other care and services for him while his wounds and injuries healed.

13 As a result of the explosion and fire, Plaintiff Kelly Regenold suffered and

will continue to suffer into the future physical pain, mental anguish, loss of function of
 E-FILED 2023 MAR 21 5:02 PM IOWA - CLERK OF DISTRICT COURT
mind and body, scarring and disfigurement, loss of enjoyment of life, health care costs,

lost earnings and earning capacity and other past and future damages.

14. As a further result of the explosion and fire, Plaintiff Tammy Courbat has

suffered and will continue to suffer into the future the loss of the society, companionship,

support and consortium of her husband, Kelly Regenold.

COUNT III – CLAIMS AGAINST C6-ZERO

15. Plaintiffs incorporate paragraphs 1-14 of this Petition by reference herein.

16. Defendants knew that their system for recycling asphalt shingles was

dangerous. By design, the system employed toxic chemicals and oils that emitted vapors

that could explode with a spark.

18. The Iowa State Fire Marshal concluded that the explosion and fire were

caused by a mechanical spark that ignited vapors near Trommel 2.

19. Defendants were negligent in the following particulars and such negligence

was a cause of the explosion and fire and Plaintiffs’ injuries and damages:

a. Failing to take proper precautions to adequately reduce or contain

flammable vapors;

b. Using flammable chemicals and oils in the recycling process without

taking adequate precautions to prevent explosions and fires;

c. Failing to properly design, build, construct, locate or maintain

machinery, piping, gears, wiring, or other ignition sources to prevent

them from igniting the flammable vapors;

d. Failing to properly warn or instruct Plaintiff Kelly Regenold and others

in the facility of the dangers posed by the process and conditions in

the facility;

e. Failing to properly train Plaintiff Kelly Regenold and others working

in the facility about the risks of explosion and fire and how to prevent

explosions and fires;

 E-FILED 2023 MAR 21 5:02 PM IOWA - CLERK OF DISTRICT COURT
f. Violating industry, local, state, or national safety standards for

handling or utilizing toxic or flammable chemicals and oils;

g. Failing to provide Plaintiff Kelly Regenold a safe place to work; and

h. Such other ways as the evidence may show.

20. Defendants also acted intentionally, wantonly, willfully or recklessly in

disregard for the safety of Plaintiff Kelly Regenold and others and such conduct was a

cause of the explosion, fire and Plaintiffs’ damages.

COUNT IV – CLAIMS AGAINST HEARTLAND

21. Plaintiffs incorporate paragraphs 1-20 of this Petition by reference herein.

22. As the owner of the land, building and all fixtures thereto, Defendant

Heartland had a duty to keep and maintain its premises in a safe condition.

23. Plaintiffs believe that Heartland had sufficient knowledge of C6-Zero’s

operations, recycling process, equipment and use of oils and chemicals, and that

Heartland knew or should have known of the heightened dangers of explosion and fire

created by its tenant that made the property unreasonably dangerous.

24. Defendant was negligent in failing to protect the safety of Plaintiff Kelly

Regenold and others in the facility who were invitees or otherwise there with the express

or implied permission or consent of Heartland and such negligence was a cause of the

explosion, fire and damages suffered by Plaintiffs.

PRAYER FOR RELIEF

Wherefore, Plaintiffs seek judgment in favor of Plaintiffs and against Defendants

as follows:

A. Plaintiffs seek fair and reasonable compensation for all of the injuries and

damages that they have suffered as a result of the negligence of Defendants and as

allowed by Iowa law;

B. In addition, Plaintiffs seek punitive damages against C6-Zero in such

amount as will deter C6-Zero and others from similar conduct.

 E-FILED 2023 MAR 21 5:02 PM IOWA - CLERK OF DISTRICT COURT
C. Such other and further relief as the law allows; and

D. Interest on the judgment and court costs as provided by law.

JURY DEMAND

Plaintiffs hereby demand a trial by jury in the above-captioned matter.

MARK LIABO LAW FIRM, P.L.C.

By: /s/ Mark E. Liabo

Mark E. Liabo AT0004781
1853 51st Street N.E., Suite 1
Cedar Rapids, IA 52402
Telephone: (319) 826-3781
Facsimile: (319) 774-5638
Email: mark@liabolaw.com

BOFFELI & SPANNAGEL, P.C.

By: /s/ Brian D.W. Spannagel

Brian D.W. Spannagel AT0010087
800 Locust Street
Dubuque, Iowa 52001
Telephone: (563) 556-0078
Facsimile: (563) 582-6126
Email: brian@boffspanlaw.com

ATTORNEYS FOR PLAINTIFFS

Original filed.