Case details

Plaintiffs’ own negligence caused explosion, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On April 22, 2009, plaintiffs Eric Martinez, 37, Keith Rogers, 54, and Deborah Brady, 52, all refinery operators employed by Paramount Refinery in Paramount, were attempting to re-light the heaters that they were responsible for operating after the heaters automatically shut down due to high pressure in the heater boxes. However, when they attempted to re-light the heaters, an explosion occurred in two process heaters. Martinez and Rogers claimed physical and psychological as a result of the explosion, and Brady claimed he suffers post-traumatic stress disorder as a result of the incident. Martinez, Rogers and Brady sued various companies involved in the design, manufacture and installation of the subject heaters, including the component part manufacturers. These companies included Born Inc., Valvetech Inc., Emerson Electric Co., Emerson Process Management LLP, Jacobs Engineering Group Inc., Jacobs Field Services North America Inc., Irwin Industries Inc., Caltrol Inc., Flowserve Corp., Heater Fabricators of Tulsa LLC, Total Western Inc. and Westlock Controls Corp. Martinez, Rogers and Brady alleged the defendants defectively designed the subject heaters, making the defendants strictly liable and generally negligent. Several of the defendants either settled with or were dismissed by Martinez, Rogers and Brady. In addition, the Emerson entities were granted summary judgment on liability and Jacobs Field Services North America was dismissed by the plaintiffs. Thus, the matter continued against Jacobs Engineering Group only. Martinez, Rogers and Brady claimed that they believed the pilot lights in only one of the heaters were out when they pushed the igniter button, which sent a spark to the heater and caused the explosion. They claimed that had they known both heaters’ pilot lights were out, they would have purged both heaters before trying to relight them. Plaintiffs’ counsel noted that Jacobs Engineering Group was hired by Paramount Refinery to provide engineering, procurement and construction management services, which included engineering work for the subject heaters. Thus, counsel argued that Jacobs Engineering was strictly liable under products liability law for a defective design of the heaters and related equipment. Counsel also argued that Jacobs was negligent in designing defective and unsafe heaters and related equipment. Specifically, plaintiffs’ counsel contended that Jacobs Engineering Group failed to include a pilot indicator light on the igniter panel, which would have told the operators that all of the pilot lights in both heaters were out. Counsel also contended that the design was defective because it did not have certain automatic interlocks to prevent the operators from re-lighting the heaters without following the written safety procedures. For example, plaintiffs’ counsel contended that the design should have prevented Martinez, Rogers and Brady from resetting the gas to the heaters unless, and until, a purge had been conducted first. Defense counsel contended that the design of the heaters and related equipment met the American Petroleum Institute standards applicable to refinery heaters. Counsel also contended that Paramount Refinery, as the owner of the refinery, had participated in, and approved, the design of the heaters, but that Paramount Refinery did not want the added safety equipment and interlocks. Thus, defense counsel argued that Jacobs Engineering Group was not negligent, and that the design would have worked properly, and not caused an explosion, if Martinez, Rogers and Brady had followed their training and Paramount Refinery’s written safety procedures for lighting the heaters., Martinez, who was under the heaters when they exploded, claimed he sustained various soft-tissue , as well as a shoulder impingement syndrome, which required surgery on his right shoulder. He also claimed that as a result of the incident, he suffers from psychological , causing him to be unable to return to work in over four years since the explosion. He further claimed that even if he obtained a different job, he would not be able to find work that paid what he was earning at the refinery. Thus, Martinez sought recovery of $3,008,531 in total economic damages, as well as additional damages for his pain and suffering. Rogers, who was 30 to 50 feet away from the heaters when they exploded, claimed that he was knocked down by the blast. He alleged that as a result, he suffered various soft-tissue . He also alleged that he suffers from post-traumatic stress disorder as a result of the incident, causing him to be unable to return to work for three years. Thus, Rogers sought $353,356 in economic damages and additional damages for his pain and suffering. His wife, Marilyn Hougan-Rogers, presented a derivative claim seeking recovery of damages for her loss of consortium. Brady was in the control room bunker at the time of the explosion. She claimed she suffers post-traumatic stress disorder as a result of the blast and as a result, has not been able to return to work. She also claimed that she will not be able to return to work for at least another two years. Thus, Brady sought $1,545,468 in lost earnings and additional damages for her pain and suffering. Defense counsel maintained that Martinez suffered only minor physical from the explosion, and that Rogers and Brady suffered no physical . Counsel also denied that any of the plaintiffs suffered psychological or PTSD. Defense counsel contended the plaintiffs’ loss of income was the result of all three plaintiffs being fired for causing the explosion and not due to any physical or psychological . Counsel also contended that all three plaintiffs appealed their termination and sought to get their jobs back with Paramount Refinery, and that it was only after the plaintiffs’ appeals were denied that they sued Jacobs Engineering Group and the other defendants for damages, including lost wages.
COURT
Superior Court of Los Angeles County, Compton, CA

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