Texas Petrochemicals files motion dismiss in suit over damaged pipeline
Texas Petrochemicals has filed a motion to dismiss in a lawsuit claiming its pipelines were damaged when another pipeline ruptured and started a fire.
As previously reported, Texas Petrochemicals filed a lawsuit April 20, 2009, in Jefferson County District Court against UCAR Pipeline Inc., Dow Chemical Co. and Union Carbide Corp.
Court records show an ethylene pipeline in Port Arthur owned by UCAR ruptured around 2 a.m., Oct. 18, 2007, resulting in an uncontrolled released of ethylene.
The ruptured pipeline, which was located near Main B Canal in Port Arthur, caused an explosion and fire. An hour later, Texas Petrochemicals' pipeline also ruptured and caught fire.
According to the suit, the fire was caused by metal fatigue that occurred because of flames from the burning UCAR pipeline.
On Jan. 10 Texas Petrochemicals filed a motion to dismiss with prejudice, requesting Judge Donald Floyd, 172nd District Court, to dismiss all claims.
"Plaintiff has compromised their claims with UCAR pipeline," the motion states. "Plaintiff no longer desires to pursue any of their claims and causes against any of the defendants in this lawsuit."
Texas Petrochemicals was seeking actual damages, cost of repair and replacement, unspecified exemplary damages, pre- and post-judgment interest at the legal rate, court costs and other relief to which they may be entitled.
Brook F. Minx and Mark Pickering of Donato, Minx, Brown and Pool in Houston will be represented it.
Case No. E183-836