Falling bricks leads to worker's suit against BP, others

John Suayan, Galveston Bureau Nov. 6, 2008, 5:24am

GALVESTON � After being struck on the head by falling bricks, a Galveston man has filed suit against BP and two other companies.

Contract worker Joshua Gailley filed a personal injury lawsuit against BP, PSC Industrial Services,Inc., and his employer Gulf Coast Gunite Inc. in Galveston County District Court on Nov. 4, accusing the defendants of negligence and gross negligence.

Gailley worked as an instrumentation electrical specialist employee at BP's Texas City facility on May 20 assigned to cleanup duty. He and several others were instructed to work beneath a 20-ft. high catwalk that was connected to a furnace. A PVC hose and a stack of replacement bricks were present for the crew's use.

"Contrary to safety procedures, a worker inside the furnace pulled the PVC hose further into the furnace without communicating with the other workers," the suit says. "This displaced the bricks."

The plaintiff argues the bricks fell and struck him in the head and neck. The worst injuries were inflicted on his back, he states.

"The impact was horrific, but the most severe was to plaintiff's mid and lower back," the suit says. "Plaintiff's head snapped forward and twisted."

Gailley was then writhing on the ground, his back mangled, added court papers.

He subsequently sought medical attention. The plant infirmary determined Gailley suffered bruises and abrasions along his backside.

"Plaintiff continues to experience back pain to this day," the suit says.

Consequently, Gailley seeks damages including but not limited to actual and exemplary damages. He also demands a jury trial.

The Pinkerton Law Firm in Webster is representing the plaintiff, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 08CV1113

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