In October 2012, plaintiff Gabriel Escalera, 33, a project foreman, was at the Live Oak Cogen cogeneration plant, a natural gas-fired power plant located in an oil field about 1.5 miles west of South Granite Road, north of Bakersfield. Escalera and a coworker were at the plant using high pressure air to test the bottom of a water storage tank for leaks when the pressurized air caused the tank bottom to fail. This caused a chain reaction that threw the Escalera and the coworker up into the air. The coworker ultimately died at the scene and Escalera sustained to his legs and pelvis. The coworker’s family settled their claims. Escalera sued Live Oak Cogen, LLC; WCAC Operating Company California, LLC; Consolidated Asset Management Services Inc.; Miami Boiler and Machine Co.;Charles Kent Porterfield; and Aquatech International Corp. Miami Boiler was ultimately dismissed from the case, and Aquatech International settled with Escalera. Thus, the matter continued against Live Oak Cogen, WCAC Operating Company California, Consolidated Asset Management and Porterfield. Escalera claimed the defendants failed to have proper lockout or tagout procedures. He also claimed the defendants knew there were corrosion issues with the subject tank going back four years before the subject incident, so the defendants should not have directed the use of pneumatic testing. Defense counsel contended that Escalera and his employer, Bramha Group Inc., were negligent in the performance of their work and pneumatic testing and that Escalera did not follow Bramha’s prescribed repair and testing protocol., Escalera sustained fractures to both legs, as well as multiple fractures to his pelvis. He subsequent was taken to a hospital, where he underwent surgical fixation and reduction. Escalera suffered non-union of his tibia. He claimed he is able to walk, but he has problems with his gait and is in chronic pain. He also claimed he has been reduced to sedentary employment. In addition, Escalera claimed he requires additional surgery on his tibia, which includes the removal of the previously implanted hardware.
