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Industrial lawsuits filed in District court
BY CHARLYN FINN
Documents from three lawsuits filed against Formosa Plastic-Point Comfort after the Oct. 6, 2005 explosion occupy about one-fourth of a shelf in District Clerk Pam Martin Hargrove’s office in her county courthouse office in Port Lavaca.
While 14 persons were said to be victims after the accident by Occupational Safety and Health Administration (OSHA), hundreds of employees and residents of Point Comfort have joined in the lawsuit.
A lengthy process, the lawsuits were first filed in the court of Court-at-Law No. 1 Judge Alex Hernandez and more recently have been transferred to District Court.
According to the documents depositions are underway.
The suits are filed against Formosa, all subcontractors that were on the site and Fernando Rivera, currently residing in Zapata, that was driving a tractor that was towing a forklift for U.S. Contractors within the Olefins II unit area, according to documents in Hartgrove’s office.
According to the lawsuits, the trailer caught on a valve protruding from a liquid propylene piping system allegedly causing the release of liquid propylene which released a vapor cloud which allegedly caused the explosion.
Those in the lawsuit allege gross negligence on the part of Formosa.
Those involved in the lawsuit contend that Formosa knew of hazards at the plant and acted with “conscious indifference to the rights, safety or welfare of others.”
They allege Formosa failed to provide workers with appropriate safety equipment, failed to implement and enforce an adequate safety program, violated OSHA standards and allowed vehicles to travel through the plant with no specific routes, restrictions or regard to protruding piping filled with volatile gases.
The accident was investigated by the OSHA Chemical Safety and Hazard Investigation Board (CSB).
CSB’s investigation of the accident concluded that Formosa’s Olefins II unit was not equipped with automated shutdown valves that could have stopped the propylene flow and limited the size of the fire.
Plaintiffs in the lawsuit include injured workers and bystanders as well as spouses and family members of those workers and bystanders. Some of the family members are included in the lawsuit seeking damages for their mental pain and suffering or loss of consortium.
OSHA fined Formosa $148,000.
The Formosa lawsuit is one of three district court industrial lawsuits where depositions are currently underway.
Jose Maria Gonzalez has a $1.5 million lawsuit filed against King Fisher Marine for an Oct. 24, 2007 dredge incident. Gonzalez alleges he sustained neck, back and shoulder injuries.
Jesus Salinas has a lawsuit filed against David Pankratz of Dow Chemical. He alleges he was burned on June 4, 2007 at Dow when a steam pipe exploded.
While 14 persons were said to be victims after the accident by Occupational Safety and Health Administration (OSHA), hundreds of employees and residents of Point Comfort have joined in the lawsuit.
A lengthy process, the lawsuits were first filed in the court of Court-at-Law No. 1 Judge Alex Hernandez and more recently have been transferred to District Court.
According to the documents depositions are underway.
The suits are filed against Formosa, all subcontractors that were on the site and Fernando Rivera, currently residing in Zapata, that was driving a tractor that was towing a forklift for U.S. Contractors within the Olefins II unit area, according to documents in Hartgrove’s office.
According to the lawsuits, the trailer caught on a valve protruding from a liquid propylene piping system allegedly causing the release of liquid propylene which released a vapor cloud which allegedly caused the explosion.
Those in the lawsuit allege gross negligence on the part of Formosa.
Those involved in the lawsuit contend that Formosa knew of hazards at the plant and acted with “conscious indifference to the rights, safety or welfare of others.”
They allege Formosa failed to provide workers with appropriate safety equipment, failed to implement and enforce an adequate safety program, violated OSHA standards and allowed vehicles to travel through the plant with no specific routes, restrictions or regard to protruding piping filled with volatile gases.
The accident was investigated by the OSHA Chemical Safety and Hazard Investigation Board (CSB).
CSB’s investigation of the accident concluded that Formosa’s Olefins II unit was not equipped with automated shutdown valves that could have stopped the propylene flow and limited the size of the fire.
Plaintiffs in the lawsuit include injured workers and bystanders as well as spouses and family members of those workers and bystanders. Some of the family members are included in the lawsuit seeking damages for their mental pain and suffering or loss of consortium.
OSHA fined Formosa $148,000.
The Formosa lawsuit is one of three district court industrial lawsuits where depositions are currently underway.
Jose Maria Gonzalez has a $1.5 million lawsuit filed against King Fisher Marine for an Oct. 24, 2007 dredge incident. Gonzalez alleges he sustained neck, back and shoulder injuries.
Jesus Salinas has a lawsuit filed against David Pankratz of Dow Chemical. He alleges he was burned on June 4, 2007 at Dow when a steam pipe exploded.
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