Worker sues Zachry after battle with air hose

John Suayan, Galveston Bureau Oct. 14, 2008, 9:00am

GALVESTON – A Galveston County man has accused two Delaware corporations and their Texas subsidiary of negligence over an incident in which an air hose snared and struck him while he worked at a local petroleum facility, recent court documents say.

Robert Goswick's lawsuit blames H B Zachry Co., H B Zachry Co. (Texas), and Zachry Industrial Inc. for what he claims as negligence demonstrated toward him during his shift at the BP refinery in Texas City on Oct. 10, 2006.

The plant was the site of the March 23, 2005, explosions that killed 15 and injured more than 170.

According to the complaint, Goswick was cleaning unloader valves at the northeast end of the premises when he was struck by the air hose he was using. A brief struggle between man and hose ensued.

"An air hose which was owned and/or operated by defendants, their agents, servants, and/or employees, hit plaintiff in the helmet on his right side," it says. "Plaintiff fought off the air hose with his right arm until he was able to step on the hose with his right foot."

The hose, however, continued to bother Goswick, ultimately injuring him.

"As a result of being continually struck by the air hose, plaintiff suffered and permanent injuries from the back of his right elbow to the top of his right shoulder," the suit states.

It cites Zachry's alleged roles and actions as "the proximate cause(s) of the occurrence in question and the resulting injuries and damages suffered by plaintiff."

Goswick filed the suit before the Galveston County District Court on Oct. 3 and amended it a week later to include Zachry Industrial Inc. as a co-defendant.

BP was not named in the suit in any capacity.

Represented by League City attorney Chad Matthews, Goswick seeks damages including but not limited to physical pain, mental anguish, physical impairment, disfigurement, and loss of earnings and earning capacity.

Judge John Ellisor of the 122nd District Court has been assigned to the case.

Case No. 08CV1010

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