Houston Jury Returns $4.3 Million Verdict in Favor of Injured Refinery Worker

HOUSTON, TX – On February 21, 2014, a Harris County jury returned a verdict for a little over $4.3 million dollars in favor of a worker who was injured in a refinery on the Houston Ship Channel.  On June 19, 2010, the plaintiff, Mr. Perez, was employed by an industrial cleaning contractor and was vacuuming coke out of a coke pit at a refinery on Red Bluff Road in Pasadena, Texas.  The area in which the coke pit was located was under the control and responsibility of a subcontractor, Austin Industrial Services, L.P.  Evidence presented at trial established that, prior to Mr. Perez entering the pit, the Austin material handler in charge of the area was aware that there was a broken steel plate covering the pit, but he failed to warn Mr. Perez or anyone in his crew regarding the hazard when he issued the cold work permit and confined space permits to them to perform their work.  Additional evidence also indicated that the Austin material handler may have actually tried to remove the broken plate while Mr. Perez was working inside the pit, causing it to fall.  Approximately two hours after beginning work in the pit, the steel plate fell, crushing Mr. Perez’ right foot.  After numerous surgeries, he is now pending a below the knee amputation. At trial, Austin Industrial Services, L.P., asserted that although the material handler was their general employee, he was under the direct control of the refinery owner and was therefore the “borrowed employee” of the refinery.  However, at trial, numerous witnesses testified that the Austin material handler was only under the general supervision of the refinery with regard to starting, stopping, and scheduling of work and that he actually reported to an Austin Industrial Services supervisor and fell under the direction of the Austin safety supervisor.  The jury found that the material handler was not the borrowed employee of the refinery and entered a verdict finding 70% negligence on Austin Industrial Services, L.P., 30% on the refinery owner, and 0% on Plaintiff’s employer.  The injured worker was represented at trial by Kirk Sammons and Mark Berry, with Sammons & Berry, P.C, in Houston, Texas.  Austin Industrial Services, L.P., made no settlement offers prior to trial.