Refinery workers injured in chemical explosion: Inadequate inspection: Burns: Verdict

Law Reporter, May 2001

Torres v. Coastal Corp., Tex., Nueces County 319th Jud. Dist. Ct., No. 99-2786-G, Sept. 5, 2000.

Bourland, 57; Natividad, 32; and Torres, 50, were working at an oil refinery when a corroded chemical tank containing naphtha exploded. All three suffered severe burns. Bourland's medical expenses totaled approximately $357,900. Natividad's medical expenses were about $100,000. Torres's past medical expenses totaled about $669,200, and his future medical expenses are estimated at about $150,000.

A supervising boardman, Bourland's lost wages are estimated at approximately $339,500. Natividad, a process operator, incurred about $807,800 in lost wages. A maintenance foreman, Torres's lost wages are estimated at approximately $634,300. They have been unable to return to work.

The men sued the refinery's holding company, alleging it failed to provide enough money for an inspection program with the same number of inspectors as other local petrochemical refineries. Plaintiffs claimed the disaster could have been avoided if defendant had granted the maintenance supervisor's requests for money to hire additional inspectors.

The jury awarded Bourland approximately $41.24 million. Natividad was awarded about $32.48 million, and Torres was awarded approximately $48.87 million. Defendant has appealed.

Plaintiffs' experts included Bob Puschinsky, refinery operations, Seabrook, Tex.; William Quintanilla, vocational rehabilitation, Houston, Tex.; Stephen Horner, economics, Corpus Christi, Tex.; David J. Wainwright, plastic surgery, Houston, Tex.; and Burton A. Kittay, psychology, Corpus Christi, Tex.

Plaintiffs' Counsel

*Craig M. Sico,

*Mikal C. Watts, and

*Juan Enrique Mejia, all of Corpus Christi, Tex.