Refinery worker blames actuator for injuries

John Suayan, Galveston Bureau Jun. 2, 2010, 6:46am

GALVESTON - A Galveston County man has filed suit against the maker of an actuator assembly that reportedly injured him while he responded to an oil leak, recent court documents say.

Noe Garza's personal injury lawsuit against CI Actuation, which was filed May 17 in Galveston County District Court, explains that on June 21, 2009, the plaintiff, along with other employees, attempted to stop a leak at BP's Texas City refinery.

"While another employee attempted to verify Motor Operated Valve-4050's position using an air wrench, the actuator assembly suddenly broke and fell crushing the plaintiff's left hand," the original petition states.

Garza claims he consequently suffered painful, severe and permanent injuries.

The suit accuses the defendant of providing an incorrectly-sized new actuator, failing to use correct information in providing the new actuator and failing to communicate that a differently-sized actuator was provided.

BP is not named a defendant in the case.

Garza seeks unspecified monetary damages and a jury trial.

Attorney Russell G. Burwell III of Texas City is representing the plaintiff.

The case has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 10-cv-1366

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