No Recovery for Injured Refinery Worker after Trial

October 1, 2004

Michael D. McEvoy, Sr. and Richard Newman defended IESCO, a contractor working at a Chevron Refinery

Plaintiff was an employee of a Texas contractor performing maintenance work on a circular tower at a Chevron Oil Refinery. On the date of the accident, an IESCO employee had climbed a ladder on the exterior of the tower to work on a platform approximately 20 feet above ground level. Plaintiff was working on the ground underneath the platform. While the employee was working on the platform above, he accidentally knocked a tool weighing 7 ½ pounds off the tower. The tool dropped about 20 feet before striking the plaintiff on the back of his hard hat and on the shoulder. Plaintiff underwent surgery for a rotator cuff repair. He also alleged disc injuries to the neck and back and has not worked since the accident. The Worker's Compensation Carrier paid $46,000 in disability payments and $47,000 in medical.

The plaintiff sued IESCO claiming negligence. The defense admitted negligence, but argued comparative fault. With respect to the injuries, defense presented a medical expert to challenge the reasonableness and necessity of the medical expenses, including challenging the shoulder surgery as having been necessitated by the accident.

The jury found the plaintiff 25% at fault and awarded $21,000 for economic loss and $29,000 for general damages. Defense had bought the Worker's Compensation lien and taken an assignment. Since the lien exceeded the plaintiff's recovery, plaintiff recovered nothing.